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PARLIAMENT OF VICTORIA
Transport (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983 3
3. Amendment of definitions section 3
4. Substitution of section 14 3
14. Functions of the Public Transport Corporation 3
5. Repeal of section 14A 4
6. Revocation of particular powers of Public Transport Corporation 4
7. Reference to "Corporation" 4
8. Special acquisition powers 4
9. Repeal of provision providing that Public Transport Corporation
is not a common carrier 5
10. Repeal of provision providing for the Public Transport
Corporation to grant permission to use certain rolling-stock 5
11. Repeal of provision relating to certain charges by Public
Transport Corporation in relation to passenger services 5
12. Amendment of regulation making powers 5
13. Abolition of Victorian Transport Service 7
14. Substitution of definition 7
15. Amendment of provision concerning determinations of policy 7
16. Amendment of definition 7
17. Repeal of provisions relating to authorised officers of the Public
Transport Corporation 8
18. Amendment of definition 8
19. Repeal of provision concerning powers of authorized officers of
the Public Transport Corporation 8
20. Power to require names and addresses 8
21. Power to arrest suspected offenders 8
22. Power of officers of Public Transport Corporation to arrest
people against whom warrants have been issued 9
23. Power to remove offenders 9
24. Travelling without valid ticket--amendment of definition 10
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Clause Page
25. Offence to smoke in carriage etc. in certain circumstances 10
26. Penalty for trespass 10
27. Graffiti clean up programs 10
28. Prosecutions 11
29. Evidentiary provisions 11
30. Regulations 12
31. Repeal of Schedule 3 13
PART 3--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 14
32. Country Fire Authority Act 1958 14
33. Docklands Authority Act 1991 14
34. Electricity Safety Act 1998 14
35. Essential Services Act 1958 14
36. Land Act 1958 15
37. National Parks Act 1975 15
38. Pipelines Act 1967 15
39. Rail Corporations Act 1996 16
40. Transport Accident Act 1986 17
41. Water Act 1989 17
NOTES 18
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541072B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 3 May 2000
A BILL
to amend the Transport Act 1983 to remove references to the
transport functions of the Public Transport Corporation, to make
certain consequential amendments to certain other Acts and for other
purposes.
Transport (Amendment) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are to amend the
Transport Act 1983 to remove references to the
5 transport functions of the Public Transport
Corporation and to make certain consequential
amendments to certain other Acts.
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Transport (Amendment) Act 2000
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
_______________
5
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Transport (Amendment) Act 2000
s. 3
Act No.
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983
3. Amendment of definitions section
No. 9921.
(1) In section 2(1) of the Transport Act 1983, in the
Reprint No. 6
definition of "passenger transport company", as at 1 July
5 paragraph (a) is repealed. 1998. Further
amended by
(2) In section 2(1) of the Transport Act 1983, the Nos 85/1998,
98/1998 (as
definition of "transport service" is repealed. amended by
No. 45/1999),
(3) In section 2(2C) of the Transport Act 1983, in 99/1998,
102/1998,
paragraph (a), omit "or the Public Transport
6/1999,
10 Corporation". 45/1999 and
63/1999.
(4) In section 2(2D) of the Transport Act 1983 in
paragraph (a), omit "or the Public Transport
Corporation".
4. Substitution of section 14
15 For section 14 of the Transport Act 1983
substitute--
"14. Functions of the Public Transport
Corporation
The functions of the Public Transport
20 Corporation are--
(a) to carry out directions given to the
Administrator under section 20E or to
the Corporation under section 31,
whether or not for purposes connected
25 with other functions under this section;
(b) to continue to comply with the terms of
any contract or agreement entered into
by the Corporation under this Act as in
force before the commencement of the
30 Transport (Amendment) Act 2000
and to perform any act or function
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Transport (Amendment) Act 2000
s. 5
Act No.
under or incidental to any such contract
or agreement;
(c) to acquire and dispose of real or
personal property relating to its
5 functions under this section;
(d) after consultation with the Roads
Corporation and the relevant municipal
council, to install remove or relocate
stopping places and associated facilities
10 for transport services on any street or
road;
(e) to carry out such other functions as are
conferred on the Public Transport
Corporation by this or any other Act.".
15 5. Repeal of section 14A
Section 14A of the Transport Act 1983 is
repealed.
6. Revocation of particular powers of Public Transport
Corporation
20 Section 40(1) of the Transport Act 1983 is
repealed.
7. Reference to "Corporation"
(1) In section 42(2A) of the Transport Act 1983 for
"a Corporation" substitute "the Roads
25 Corporation".
(2) In section 42(3) of the Transport Act 1983 for
"A Corporation" substitute "The Roads
Corporation".
8. Special acquisition powers
30 (1) In section 43(1) of the Transport Act 1983 for
"The Public Transport Corporation" substitute
"Rail Track".
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Act No.
(2) In section 43(2) of the Transport Act 1983 for
"the Public Transport Corporation" substitute
"Rail Track".
9. Repeal of provision providing that Public Transport
5 Corporation is not a common carrier
Section 49 of the Transport Act 1983 is
repealed.
10. Repeal of provision providing for the Public
Transport Corporation to grant permission to use
10 certain rolling-stock
Section 50 of the Transport Act 1983 is
repealed.
11. Repeal of provision relating to certain charges by
Public Transport Corporation in relation to passenger
15 services
Section 51 of the Transport Act 1983 is
repealed.
12. Amendment of regulation making powers
(1) In section 56(1) of the Transport Act 1983--
20 (a) in paragraph (a), for "a Corporation,"
substitute "the Roads Corporation, a";
(b) in paragraph (b), for "a Corporation,"
substitute "the Roads Corporation, a";
(c) in paragraph (c), for "a Corporation,"
25 substitute "the Roads Corporation, a";
(d) in paragraph (d), for "a Corporation"
substitute "the Roads Corporation";
(e) in paragraph (e), for "a Corporation"
substitute "the Roads Corporation";
30 (f) in paragraph (f), for "a Corporation"
substitute "the Roads Corporation";
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(g) in paragraph (g), for "a Corporation"
substitute "the Roads Corporation";
(h) in paragraph (h), for "a Corporation"
substitute "the Roads Corporation";
5 (i) in paragraph (i)--
(i) for "a Corporation" substitute "the
Roads Corporation";
(ii) for "the Corporation" substitute "that
Corporation";
10 (j) in paragraph (j)--
(i) for "a Corporation" substitute "the
Roads Corporation";
(ii) for "the Corporation" (wherever
occurring) substitute "that
15 Corporation";
(k) in paragraph (k), for "a Corporation"
substitute "the Roads Corporation";
(l) in paragraph (ma) omit "the Public
Transport Corporation or";
20 (m) in paragraph (r), for "on a Corporation"
substitute "on a passenger transport
company, Rail Track or the Roads
Corporation".
(2) In section 56(3) of the Transport Act 1983--
25 (a) in paragraph (c), for "a Corporation"
substitute "the Roads Corporation";
(b) in paragraph (d), for "a Corporation"
substitute "the Roads Corporation";
(c) in paragraph (f)--
30 (i) for "a Corporation" substitute "the
Roads Corporation";
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s. 13
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Act No.
(ii) for "the Corporation" substitute "that
Corporation";
(d) in paragraph (g), for "a Corporation" (where
twice occurring) substitute "the Roads
5 Corporation".
(4) In section 56(4) of the Transport Act 1983 for
"of a Corporation" substitute "of the Roads
Corporation".
13. Abolition of Victorian Transport Service
10 Part V of the Transport Act 1983 is repealed.
14. Substitution of definition
In section 86(1) of the Transport Act 1983, for
the definition of "public commercial passenger
vehicle" substitute--
15 ' "public commercial passenger vehicle" means
a commercial passenger vehicle operated by
or proposed to be operated by--
(a) any person, to be used under contract
with the Department of Education of
20 Victoria, which contract is approved by
the Secretary; or
(b) any person for the carriage of members
of the public along a fixed route on a
regular basis, whether or not fares are
25 charged, and the operation of which
commercial passenger vehicle is
approved by the Secretary;'.
15. Amendment of provision concerning determinations
of policy
30 In section 89(2) of the Transport Act 1983,
paragraph (a) is repealed.
16. Amendment of definition
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Transport (Amendment) Act 2000
s. 21
Act No.
In section 93(1) of the Transport Act 1983, in the
definition of "authorised officer" omit "(whether
an officer of the Public Transport Corporation or
not)".
5 17. Repeal of provisions relating to authorised officers of
the Public Transport Corporation
Section 100 of the Transport Act 1983 is
repealed.
18. Amendment of definition
10 In section 211(1) of the Transport Act 1983, for
paragraph (a) substitute--
"(a) in relation to a transport infringement, means
an officer of the Roads Corporation
appointed in writing by that Corporation or a
15 person (whether an officer of that
Corporation or not) appointed in writing by
the Secretary either generally or in a
particular case for the purposes of this
Division;".
20 19. Repeal of provision concerning powers of authorized
officers of the Public Transport Corporation
Sections 218 and 218A of the Transport Act
1983 are repealed.
20. Power to require names and addresses
25 For section 218B(1) of the Transport Act 1983
substitute--
'(1) In this section "authorised officer" means a
person appointed in writing by the Secretary
for the purposes of this section.'.
30 21. Power to arrest suspected offenders
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Transport (Amendment) Act 2000
Act No.
In section 219(1) of the Transport Act 1983 omit
"or any officer or agent of the Public Transport
Corporation".
22. Power of officers of Public Transport Corporation to
5 arrest people against whom warrants have been issued
Section 219A of the Transport Act 1983 is
repealed.
23. Power to remove offenders
(1) In section 220(1A) of the Transport Act 1983--
10 (a) omit "an officer or agent of the Public
Transport Corporation,";
(b) in paragraph (a), omit "the Public Transport
Corporation,";
(c) in paragraph (b), omit "the Public Transport
15 Corporation or".
(2) In section 220(1B) of the Transport Act 1983--
(a) in paragraph (a), omit "or an officer or agent
of the Public Transport Corporation";
(b) in paragraph (c), in sub-paragraph (ii), omit
20 ", or any of the officers or agents of the
Public Transport Corporation".
(3) In section 220(1C) of the Transport Act 1983
omit "an officer or agent of the Public Transport
Corporation,".
25 (4) In section 220(2) of the Transport Act 1983 omit
"or an officer or agent of the Public Transport
Corporation".
(5) In section 220(3) of the Transport Act 1983 omit
"against the Public Transport Corporation or any
30 of its officers or agents or".
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s. 24
Act No.
(6) In section 220(4) of the Transport Act 1983 omit
"an officer or agent of the Public Transport
Corporation or".
24. Travelling without valid ticket--amendment of
5 definition
For section 221(1)(c) of the Transport Act 1983
substitute--
'(c) "authorized person" means a person who is
authorised in writing by the Secretary for the
10 purposes of this section.'.
25. Offence to smoke in carriage etc. in certain
circumstances
(1) In section 222(1) of the Transport Act 1983, for
paragraph (b), substitute--
15 "(b) in or upon any public transport property or
any part of such property where a notice is
displayed that smoking on that property or
that part of such property is prohibited--".
(2) In section 222(2) of the Transport Act 1983 omit
20 "or the Public Transport Corporation".
26. Penalty for trespass
In section 223 of the Transport Act 1983 for "a
Corporation" substitute "the Roads Corporation
or Rail Track".
25 27. Graffiti clean up programs
In section 223E(5) of the Transport Act 1983, in
paragraph (a), for "Public Transport Corporation"
substitute "passenger transport company whose
property was injured, damaged or defaced within
30 the meaning of section 223B(1)".
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Transport (Amendment) Act 2000
s. 28
Act No.
28. Prosecutions
(1) In section 229(1) of the Transport Act 1983 for
"a Corporation" substitute "the Roads
Corporation".
5 (2) In section 229(1A) of the Transport Act 1983 for
"a Corporation" substitute "the Roads
Corporation".
(3) In section 229(1B) of the Transport Act 1983 for
"Corporation" substitute "Roads Corporation".
10 (4) In section 229(3) of the Transport Act 1983--
(a) for "a Corporation" substitute "the Roads
Corporation";
(b) for "the relevant Corporation" substitute
"that Corporation".
15 29. Evidentiary provisions
(1) In section 230(1) of the Transport Act 1983--
(a) for "a Corporation" (where first occurring)
substitute "the Roads Corporation";
(b) for "a Corporation (where secondly
20 occurring) substitute "that Corporation".
(2) In section 230(2) of the Transport Act 1983--
(a) for "a Corporation" substitute "the Roads
Corporation";
(b) for "the Corporation" substitute "the Roads
25 Corporation".
(3) For section 230(3A) of the Transport Act 1983
substitute--
"(3A) A certificate purporting to be under the hand
of a person who is employed or engaged by a
30 passenger transport company, a bus company
or a rail corporation authorised to sign that
certificate by the chief executive of that
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Transport (Amendment) Act 2000
s. 29
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Act No.
company or the rail corporation (as the case
requires), certifying as to any matter which
appears in or can be calculated from the
records kept by or on behalf of that company
5 or rail corporation (as the case requires) in
connection with any ticketing system
operated by it or on its behalf is admissible
in evidence in any proceedings and, in the
absence of evidence to the contrary, is proof
10 of the matters stated in the certificate.".
(4) For section 230(4) of the Transport Act 1983
substitute--
"(4) Any notice, statement, certificate or other
document purporting to be under the hand of
15 the Secretary or the Chief Executive of the
Roads Corporation or of an officer of the
Department or of that Corporation or of a
person who is employed or engaged by a
passenger transport company, a bus company
20 or a rail corporation authorised to sign that
notice, statement, certificate or other
document by the Secretary or the Chief
Executive of the Roads Corporation or of the
passenger transport company, the bus
25 company or the rail corporation (as the case
requires) shall be admissible in evidence in
any proceedings and, in the absence of
evidence to the contrary, shall be proof of
the matters therein set forth.".
30 (5) In section 230(5) of the Transport Act 1983--
(a) for "a Corporation" substitute "the Roads
Corporation";
(b) for "the Corporation" substitute "that
Corporation".
35 30. Regulations
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Transport (Amendment) Act 2000
Act No.
In section 249B(1) of the Transport Act 1983 for
"that is not being operated by the Public Transport
Corporation" substitute "that is being operated by
a passenger transport company or a rail freight
5 operator".
31. Repeal of Schedule 3
Schedule 3 to the Transport Act 1983 is
repealed.
_______________
10
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Transport (Amendment) Act 2000
s. 32
Act No.
PART 3--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
32. Country Fire Authority Act 1958
No. 6228. In section 3 of the Country Fire Authority Act
Reprint No. 9
5 1958, in the definition of "heat engine", omit "the
as at
Public Transport Corporation or".
14 October
1999.
33. Docklands Authority Act 1991
No. 22/1991. (1) In section 28(2) of the Docklands Authority Act
Reprint No. 2
1991 for "Public Transport Corporation"
as at 1 July
10 substitute "Spencer Street Station Authority
1999.
established under the Rail Corporations Act
1996".
(2) In section 28(2A) of the Docklands Authority
Act 1991 after "Victorian Rail Track" insert "or
15 the Spencer Street Station Authority established
under the Rail Corporations Act 1996".
34. Electricity Safety Act 1998
No. 25/1998. Section 46(1)(a)(iii) of the Electricity Safety Act
Reprint No. 1
1998 is repealed.
as at
31 December
1999.
20 35. Essential Services Act 1958
No. 6244. In section 3 of the Essential Services Act 1958,
Reprint No. 4
in the definition of "essential service" for "a rail
as at 15 May
corporation within the meaning of the Rail
1997. Further
amended by
Corporations Act 1996" substitute "a train
Nos 91/1997,
25 operator or a tram operator as defined in section
104/1997 and
25/1998.
3(1) of the Rail Corporations Act 1996".
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Transport (Amendment) Act 2000
s. 36
Act No.
36. Land Act 1958
No. 6284.
(1) In section 341(1)(c) of the Land Act 1958 omit
Reprint No. 9
"or the Public Transport Corporation". as at
24 September
(2) In section 348 of the Land Act 1958-- 1998. Further
amended by
5 (a) omit "the Public Transport Corporation or" Nos 76/1998
and 85/1998.
(where first occurring);
(b) for "the Public Transport Corporation or
Victorian Rail Track (as the case requires)"
substitute "Rail Track within the meaning of
10 section 3(2) of the Rail Corporations Act
1996".
(3) In section 355 of the Land Act 1958 omit "or the
Public Transport Corporation".
(4) In section 385(2) of the Land Act 1958,
15 paragraph (c) is repealed.
37. National Parks Act 1975
No. 8702.
In section 3(2) of the National Parks Act 1975
Reprint No. 7
omit "the Public Transport Corporation,". as at 1 July
1999.
38. Pipelines Act 1967
No. 7541.
20 (1) In section 32(1) of the Pipelines Act 1967 omit
Reprint No. 4
"the Public Transport Corporation and" (where as at
twice occurring). 15 December
1998.
(2) In section 32(2) of the Pipelines Act 1967 omit
"the Public Transport Corporation,".
25 (3) In section 32(3) of the Pipelines Act 1967 omit
"the Public Transport Corporation,".
15
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Transport (Amendment) Act 2000
s. 39
Act No.
39. Rail Corporations Act 1996
No. 79/1996. (1) In section 3(1) of the Rail Corporations Act
Reprint No. 1
1996, in the definition of "rail transport service",
as at 29 April
omit "the Public Transport Corporation,".
1999. Further
amended by
5 (2) In section 3(2) of the Rail Corporations Act
Nos 45/1999
and 63/1999.
1996 omit "or the Public Transport Corporation".
(3) In section 60(7) of the Rail Corporations Act
1996 omit ", the Public Transport Corporation"
(where twice occurring).
10 (4) In section 62(5) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
(5) In section 63(5) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
15 Transport Corporation" (where twice occurring).
(6) In section 64(3) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
(7) In section 65(3) of the Rail Corporations Act
20 1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
(8) In section 66(5) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
25 (9) In section 68(4) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
(10) In section 69(4) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
30 Transport Corporation" (where twice occurring).
(11) In section 70(3) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
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Transport (Amendment) Act 2000
s. 40
Act No.
40. Transport Accident Act 1986
No. 111/1986.
In section 64(2) of the Transport Accident Act
Reprint No. 6
1986 for "The Public Transport Corporation and as at
any other person" substitute "Any person". 26 August
1999.
5 41. Water Act 1989
No. 80/1989.
(1) In section 241(3) of the Water Act 1989 omit
Reprint No. 5
", the Public Transport Corporation". as at 18 May
1999. Further
(2) In section 241(4) of the Water Act 1989 omit amended by
", the Public Transport Corporation". No. 65/1999.
10
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Transport (Amendment) Act 2000
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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