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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Transport (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Minister may make Orders for the granting of taxi-cab licences in
taxi-cab zones 3
5. Repeal of section 143B 3
6. Conditions of taxi-cab licence 3
7. Directions 3
146AA. Directions 3
8. Assignments 4
9. Variation of conditions of driver's certificate 4
10. New section 158A inserted 4
158A. Touting not permitted 5
11. Exception to general penalty 5
12. New sections 253B, 253C and 253C inserted 5
253B. Further revocation of reservations for tramways
purposes 5
253C. Re-reservation of certain land for Yarra Park 6
253D. Registrar of Titles to make necessary amendments 7
13. Power of Roads Corporation to lease or licence land over which
there is a declared road 7
14. New Schedule 10 inserted 8
15. Statute law revision 9
NOTES 10
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532138B.I1-7/10/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Transport Act 1983 and for other purposes.
Transport (Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are to--
(a) facilitate and improve the administration of
the taxi and hire car industry; and
5 (b) permit the Roads Corporation to lease or
licence areas of land over which there is a
declared road; and
(c) make adjustments to reservations over
certain lands for the future re-location of a
10 tramway.
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s. 2
Act No.
2. Commencement
(1) Section 1, this section and sections 12, 13 and 14
come into operation on the day on which this Act
receives the Royal Assent.
5 (2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 March 1999, it
comes into operation on that day.
10 3. Definitions
(1) In section 86(1) of the Transport Act 1983, in the
definition of "restricted hire vehicle", after
paragraph (c), insert--
"; or
15 (d) has a seating capacity for 8 but not more
than 12 people (not including the driver)
which is used or intended to be used in
connection with the provision of a tour
package;".
20 (2) In section 86(1) of the Transport Act 1983 insert
the following definition--
' "tour package" means a combination of
services provided for a price comprising--
(a) the hire of a commercial passenger
25 vehicle; and
(b) as a substantial component of the
package--
(i) accommodation; or
(ii) other services or facilities
30 appropriate to tourists.'.
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Transport (Amendment) Act 1998
s. 4
Act No.
4. Minister may make Orders for the granting of taxi-
cab licences in taxi-cab zones
In section 143A(1) of the Transport Act 1983 for
"Governor in Council" substitute "Minister".
5 5. Repeal of section 143B
Section 143B of the Transport Act 1983 is
repealed.
6. Conditions of taxi-cab licence
(1) In section 144(1) of the Transport Act 1983,
10 after paragraph (d), insert--
"and
(e) that any direction given by the licensing
authority or a delegate of the licensing
authority under section 146AA is complied
15 with.".
(2) In section 144(1A) of the Transport Act 1983,
after "sub-section (1)(a)" insert "or (1)(e)".
7. Directions
After section 146 of the Transport Act 1983
20 insert--
"146AA. Directions
(1) Subject to this section, the licensing
authority may at any time during the
currency of a taxi-cab-licence give, by any
25 means that the licensing authority thinks fit,
directions to--
(a) the holder of a taxi-cab licence or class
of taxi-cab licence; or
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Transport (Amendment) Act 1998
s. 8
Act No.
(b) the driver of a taxi-cab--
about the carrying of passengers in
accordance with the conditions of the
licence.
5 (2) The licensing authority may, with the
approval of the Minister, by instrument,
delegate to a person by name or the holder of
an office or position any power of the
licensing authority under sub-section (1).".
10 8. Assignments
In section 150(6) of the Transport Act 1983 after
"under this Division" insert "or it is satisfied that
the assignee is not a fit and proper person to
operate a vehicle under a licence".
15 9. Variation of conditions of driver's certificate
After section 156(4) of the Transport Act 1983
insert--
"(5) The licensing authority may subject to the
regulations at any time during the currency
20 of a driver's certificate--
(a) of its own motion and for reasons stated
in writing sent to the certificate holder;
or
(b) on the application of the certificate
25 holder--
vary or revoke any of the conditions of the
driver's certificate or impose a new
condition.".
10. New section 158A inserted
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Transport (Amendment) Act 1998
s. 11
Act No.
After section 158 of the Transport Act 1983
insert--
"158A. Touting not permitted
A person who touts for passengers or
5 attempts to induce a passenger to hire a
commercial passenger vehicle other than by
a method allowed by the licence or the
regulations is guilty of an offence and liable
to a penalty of not more than 50 penalty
10 units.".
11. Exception to general penalty
After section 160(1) of the Transport Act 1983
insert--
"(2) Every person guilty of an offence against
15 section 158(1) where the vehicle has a
seating capacity for not more than 12 people
(not including the driver) is liable to a
penalty of not more than 50 penalty units.".
12. New sections 253B, 253C and 253C inserted
20 After section 253A of the Transport Act 1983
insert--
"253B. Further revocation of reservations for
tramways purposes
(1) The Order in Council specified in Schedule
25 10 is revoked to the extent that it applies to
the land shown hatched on the plan
numbered LEGL./98-75 and lodged in the
Central Plan Office.
(2) Crown grant Volume 600 Folio 902 is
30 revoked to the extent that it applies to the
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Transport (Amendment) Act 1998
s. 12
Act No.
land shown hatched on the plan referred to in
sub-section (1).
(3) On the revocation of the Order in Council
specified in Schedule 10 to the extent that it
5 applies to the land shown hatched on the
plan referred to in sub-section (1)--
(a) the land is deemed to be unalienated
land of the Crown, freed and
discharged from all trusts, limitations,
10 reservations, restrictions,
encumbrances, estates and interests;
and
(b) the appointment of any committee of
management is revoked to the extent
15 that it applies to the land; and
(c) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked to the extent that they
apply to the land.
20 253C. Re-reservation of certain land for Yarra
Park
(1) The land shown cross-hatched on the plan
numbered LEGL./98-75 and lodged in the
Central Plan Office is deemed to be
25 permanently reserved under the Crown
Land (Reserves) Act 1978 for the purposes
for which the land described in Schedule 10
is reserved.
(2) Crown grant Volume 600 Folio 902 is
30 deemed to include the land shown cross-
hatched on the plan referred to in sub-section
(1).
(3) The committee of management appointed in
respect of the land described in Schedule 10
35 is deemed to be appointed committee of
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Transport (Amendment) Act 1998
s. 13
Act No.
management of the land shown cross-
hatched on the plan referred to in sub-section
(1).
(4) Any regulations made under section 13 of
5 the Crown Land (Reserves) Act 1978 in
respect of the land described in Schedule 10
extend and apply to the land shown cross-
hatched on the plan referred to in sub-
section (1).
10 253D. Registrar of Titles to make necessary
amendments
The Registrar of Titles must make any
amendments to the Register kept under the
Transfer of Land Act 1958 that are
15 necessary because of the operation of any
provision of sections 253 to 253C.".
13. Power of Roads Corporation to lease or licence land
over which there is a declared road
In Schedule 5 to the Transport Act 1983, after
20 clause 13(2) insert--
'(3) Despite sub-clause (1) and anything to the contrary in
the Land Act 1958, the Roads Corporation may, on
behalf of the Crown, grant leases or licences of land
over which there is a declared road (other than the
25 Link road or the Extension road).
(4) A lease may be granted under sub-clause (3) for a
period of up to 21 years.
(5) A licence may be granted under sub-clause (3) for a
period of up to 10 years.
30 (6) The Minister may, with the agreement of the relevant
Ministers, determine policies for the granting of leases
and licences under sub-clause (3).
(7) The Minister must cause a copy of any policy
determined under sub-clause (6) to be published in the
35 Government Gazette.
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Transport (Amendment) Act 1998
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Act No.
(8) The Roads Corporation must comply with any policy
determined under sub-clause (6) in granting a lease or
licence under sub-clause (3).
(9) The Roads Corporation must give notice to the
5 Minister administering the Land Act 1958 of any
lease or licence granted under sub- clause (3).
(10) Nothing in sub-clause (3) prevents the grant of a lease
or licence under the Land Act 1958 of land in a
declared road which is not subject to a lease or licence
10 granted under that sub-clause.
(11) In this clause "relevant Ministers" means the Minister
or Ministers administering the Land Act 1958, the
Forests Act 1958, the National Parks Act 1975 and
the Crown Lands (Reserves) Act 1978.'.
15 14. New Schedule 10 inserted
After Schedule 9 to the Transport Act 1983
insert--
"SCHEDULE 10
PARTIAL REVOCATION OF RESERVATION
20 ON YARRA PARK LAND
Situation and area of At East Melbourne, City of
land: Melbourne, 63·64 hectares
less authorised excisions.
Instrument and date of Order in Council dated 9 June
reservation: 1873
Description of land by Government Gazettes dated
reference to Government 12 February 1864, page 350
Gazette: and 13 June 1873, page 1059
Particulars of registration Crown grant Volume 600
of Crown grant: Folio 902
Purpose of reservation: Public recreation (Yarra Park)
Extent of revocation: Land shown hatched on the
plan numbered LEGL./98-75
and lodged at the Central Plan
Office.".
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Transport (Amendment) Act 1998
s. 15
Act No.
15. Statute law revision
(1) In section 175(1) of the Transport Act 1983, in
paragraph (i), for "the vehicle." substitute "the
vehicle; and".
5 (2) In Schedule 4 to the Transport Act 1983, in
clause 2, for "and the provisions sections"
substitute "and the provisions of sections".
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Transport (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Transport (Amendment) Act 1998
Act No.
11
532138B.I1-7/10/98
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