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PARLIAMENT OF VICTORIA
Transport Legislation (Further Amendment) Act
2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 3
PART 2--AMENDMENT OF THE TRANSPORT ACT 1983 4
3. Functions and powers of Director 4
4. New section 9AD inserted 4
9AD. Director's powers in relation to land 4
5. Compulsory acquisition of land 5
6. New section 9AAB inserted 5
9AAB. Easements 5
7. New section 9BA inserted 6
9BA. Recording of dealings 6
8. Definitions 7
9. Fee for driver's certificate 9
10. Repeal of requirement for driver's certificate--commercial
passenger vehicles 9
11. Amendment of section 157 consequent on repeal of driver's
certificate 9
12. Repeal of certain offences--sections 157A and 157B 9
13. Amendment of section 162 consequent on repeal of driver's
certificate 10
14. Insertion of new Division 6 in Part VI 10
Division 6--Driver Accreditation--Commercial Passenger
Vehicles and Private Bus Services 10
163. Interpretation 10
164. Public care objective 12
165. Offence to drive certain vehicles without accreditation 13
166. Director's power to accredit persons 14
167. Tests, qualifications and other requirements 14
168. Term and renewal of accreditation 16
169. Matters to be considered by the Director when issuing
or renewing an accreditation 16
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Clause Page
169A. Imposition of conditions on accreditation 18
169B. Offence to fail to comply with conditions 19
169C. Disqualification by Director from ability to apply for
accreditation 19
169D. Certificate of accreditation 21
169E. Mandatory cancellation in certain circumstances 22
169F. Powers of the Director to consider disciplinary action 22
169G. Notice to holder of accreditation 23
169H. Submissions to Director 23
169I. Actions Director may take after consideration 24
169J. Notice of Director's decision 25
169K. Interim suspension of accreditation 25
169L. Re-instatement of accreditation 26
169M. Compensation for lost income during suspension 26
169N. Jurisdiction of VCAT as to category 1 offenders 27
169O. Review of decision by VCAT 28
169P. Time period for making application for review 29
169Q. Offence not to sign certificate on receipt 29
169R. Offence not to notify of change of address 30
169S. Offence not to notify of suspension or cancellation of
accreditation 30
169T. Offence not to notify of being charged with, or found
guilty of, a disqualifying offence 30
169U. Offence to retain illegible certificate 31
169V. Offence to retain certificate if accreditation suspended
or cancelled 31
169W. Offence not to carry certificate when driving 32
169X. Offence not to produce certificate when asked 32
169Y. Power of Director to determine fees 32
169Z. Regulations 33
15. Section 218B amended 35
16. Director to authorise Departmental authorised officers 35
17. Director to authorise other authorised officers 35
18. Insertion of new section 227A 36
227A. Power of court to require attendance at approved
public transport education program 36
19. New sections 228AA and 228AB inserted 37
228AA. Objective 37
228AB. Definition 37
20. Application for accreditation 38
21. Considerations as to and issue and renewal of accreditation by
Director 39
22. New offence inserted 39
228DB. Offence to employ or engage authorised officer
without accreditation under this Division 39
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Clause Page
23. Substitution of section 228H 40
228H. Notifications 40
24. Audit of certain books and records of accredited companies 41
25. Application for renewal of accreditation 43
26. Renewal of accreditation 44
27. Director not liable for giving accreditation 45
28. Supervision of accredited companies 45
29. Substitution of section 228Q 46
228Q. Effect of suspension, cancellation or failure to renew 46
30. Insertion of new Division 5 in Part VIII 47
Division 5--Transitional provisions--Transport Legislation
(Further Amendment) Act 2006 47
268. Definitions 47
269. Old certificates deemed to be accreditations 48
270. Saving of accreditations granted by Secretary 49
271. Saving of agreements etc. 50
31. Further amendment of Transport Act 1983 51
PART 3--AMENDMENT OF OTHER ACTS 52
32. Insertion of new sections 13G to 13I 52
13G. Powers to enter land to construct or maintain works 52
13H. Obligations in relation to entry onto land 53
13I. Rail Track to pay compensation 53
33. Amendment of the Transport Legislation (Further
Miscellaneous Amendments) Act 2005 54
34. Offences against officers 55
35. Amendment of the Public Transport Competition Act 1995 55
36. Consequential amendments to the Public Transport
Competition Act 1995 55
37. Powers of V/Line--Amendment of the Rail Corporations
Act 1996 56
38. Change of reference to Secretary 56
PART 4--AMENDMENT OF RAIL SAFETY RELATED
LEGISLATION 57
Division 1--Amendments to Rail Safety Act 2006 57
39. Amendment of commencement provision 57
40. New definition of "interface co-ordination plan" substituted 57
41. New section 28A inserted 58
28A. Provision of access to SMS to Safety Director or
transport safety officer 58
42. Emergency planning 58
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Clause Page
43. New section 62A inserted 59
62A. Co-ordination between Safety Director and
corresponding Rail Safety Regulator 59
44. Reviewable decisions 61
45. Regulation making powers 61
46. New definitions to be inserted into Transport Act 1983 63
47. Transport safety officers 63
48. Self-incrimination 64
49. Review decisions 65
50. New definition inserted 66
51. Offences by bodies corporate, officers of bodies corporate,
partnerships etc. 66
52. New Division 4 of Part 11 substituted 66
Division 4--Savings and Transitional Provisions 66
163. Definitions 66
164. General transitional provision 69
165. Savings and transitional regulations 69
166. Declaration Order in relation to tourist and heritage
operation and railways 69
167. Orders and approvals relating to alcohol and other
drug controls under the Transport Act 1983 70
168. Authorities for the purposes of Part 6 70
169. Specified procedures for carrying out assessment of
drug impairment 71
170. Existing applications for accreditation 72
171. Review of decisions in relation to applications of
accreditation transitioned under this Division 74
172. Existing accreditations deemed to be accreditations
under this Act 75
173. Expiry of transitional accreditations and post new
scheme accreditations 76
174. Conditions and restrictions of transitional accreditations
may be varied in accordance with Division 4 of Part 5 76
175. Transitional accreditations may be surrendered 76
176. Existing application for changes of conditions or
restrictions of accreditation 77
177. Change of conditions or restrictions on accreditation
on initiative of Secretary 78
178. Compliance with certain provisions not required while
accreditations under Division are in force 78
179. Accreditations transitioned under Division not Part 5
accreditations for purposes of section 65 79
180. Private sidings 79
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Clause Page
181. References to Secretary in transitional accreditations to
be read as references to Safety Director 79
182. Codes of Practice 80
53. Statute law revision 80
Division 2--Infringement Related Amendments to Transport
Act 1983 80
54. Definitions 80
55. Repeal of redundant provision 80
56. Safety work infringements 81
57. Effect of safety work infringement 81
58. Extension of time to object if no actual notice 81
59. Proof of prior convictions 81
60. Graffiti clean-up programs 81
Division 3--Rail Safety Related Transitional Amendment to
Transport Act 1983 82
61. New section 246CAA inserted 82
246CAA. Rail Safety Act 2006--Authorised officers for drug
and alcohol testing 82
__________________
SCHEDULES 83
SCHEDULE 1--Consequential Amendment of Transport Act 1983 83
SCHEDULE 2--Consequential Amendment of Public Transport
Competition Act 1995 92
ENDNOTES 94
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551420B.A1-15/6/2006 BILL LA AS SENT 15/6/2006
PARLIAMENT OF VICTORIA
Initiated in Assembly 30 May 2006
As amended by Assembly 15 June 2006
A BILL
to amend the Transport Act 1983 to provide for the accrediting of
drivers of certain types of vehicles, to confer certain powers on the
Director, to make other amendments to the Transport Act 1983, to
amend the Rail Corporations Act 1996 with respect to the powers of
Rail Track and to make other minor amendments to that Act, to make
miscellaneous and minor, and transitional related, amendments to the
Rail Safety Act 2006, to make minor amendments to the Transport
Legislation (Further Miscellaneous Amendments) Act 2005 and
the Public Transport Competition Act 1995 and for other purposes.
Transport Legislation (Further
Amendment) Act 2006
The Parliament of Victoria enacts as follows:
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551420B.A1-15/6/2006 BILL LA AS SENT 15/6/2006
Transport Legislation (Further Amendment) Act 2006
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are to--
(a) amend the Transport Act 1983--
(i) to provide for the accreditation of
5
drivers of commercial passenger
vehicles and private bus services; and
(ii) to provide for approved public transport
education programs; and
(iii) to make further provision for the
10
accrediting of transport companies that
engage authorised officers; and
(iv) to make further provision for the
Director's powers, particularly as to
dealings in land; and
15
(v) to make provision for other matters;
and
(b) to amend the Rail Corporations Act 1996
with respect to the powers of Rail Track and
to make other minor amendments to that Act;
20
and
(c) to make miscellaneous and minor, and
transitional related, amendments to the Rail
Safety Act 2006;
(d) to make further amendments to the
25
Transport Legislation (Further
Miscellaneous Amendments) Act 2005 and
the Public Transport Competition Act
1995.
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 1--Preliminary
s. 2
2. Commencement
(1) Section 1, this section and sections 3, 4, 5, 6, 7,
15, 30, 33(1), (2), (3), (4) and (5), 34, 36 and 37
and Division 1 of Part 4 come into operation on
the day after the day on which this Act receives
5
the Royal Assent.
(2) Section 38 comes into operation on the same day
as the day on which section 155 of the Rail Safety
Act 2006 comes into operation.
(3) Division 2 of Part 4 comes into operation on the
10
same day as the day on which section 119 of the
Rail Safety Act 2006 comes into operation.
(4) Division 3 of Part 4 comes into operation on the
same day as the day on which section 125 of the
Rail Safety Act 2006 comes into operation.
15
(5) Subject to sub-sections (6) and (7), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(6) If a provision referred to in sub-section (5), other
than sections 8, 9, 10, 11, 12, 13 and 14 does not
20
come into operation before 1 January 2007, it
comes into operation on that day.
(7) If section 8, 9, 10, 11, 12, 13 or 14 does not come
into operation before 1 August 2008, it comes into
operation on that day.
25
__________________
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551420B.A1-15/6/2006 BILL LA AS SENT 15/6/2006
Transport Legislation (Further Amendment) Act 2006
Act No.
Part 2--Amendment of the Transport Act 1983
s. 3
See: PART 2--AMENDMENT OF THE TRANSPORT ACT 1983
Act No.
9921.
3. Functions and powers of Director
Reprint No. 11
as at
(1) In section 9(2)(a) of the Transport Act 1983
1 March 2006
and
omit "real or".
amending
Act Nos
(2) In section 9(3) of the Transport Act 1983 after
5 95/2005,
97/2005, "Director" (where first occurring) insert
9/2006 and
", on behalf of the Crown,".
10/2006.
LawToday:
(3) For section 9(7) of the Transport Act 1983
www.dms.
dpc.vic.
substitute--
gov.au
"(7) The Director may, by instrument, delegate to
10
a person by name or to the holder of an
office any power of the Director other than
this power of delegation.".
4. New section 9AD inserted
Before section 9A of the Transport Act 1983
15
insert--
'9AD. Director's powers in relation to land
(1) The Director may, on behalf of the Crown--
(a) acquire, hold or dispose of land; and
(b) otherwise deal with any land held by
20
the Director.
(2) Any acquisition (including any compulsory
acquisition under section 9A) or disposition
of or other dealing with land by the Director
on behalf of the Crown must be made in the
25
name of "Director of Public Transport".
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 2--Amendment of the Transport Act 1983
s. 5
(3) Without limiting sub-section (1), the
Director may, on behalf of the Crown,
dispose of or otherwise deal with land that is
held by the Director and was acquired under
this Act in the name of "Director of Public
5
Transport" by any person who previously
held, acted in or performed the duties of, the
office of Director.'.
5. Compulsory acquisition of land
In section 9A of the Transport Act 1983--
10
(a) in the heading to the section for
"Acquisition" substitute "Compulsory
acquisition"; and
(b) in sub-section (1) omit "purchase or"; and
(c) sub-sections (5), (6) and (7) are repealed.
15
6. New section 9AAB inserted
After section 9A of the Transport Act 1983
insert--
"9AAB. Easements
(1) If any right to use land or any right in the
20
nature of an easement or purporting to be an
easement is acquired by the Director on
behalf of the Crown, it is deemed for all
purposes to be an easement even though
there is no land vested in or held by the
25
Director on behalf of the Crown that is in
fact benefited or capable of being benefited
by that right.
(2) If by or under this Act any private right of
way or easement is extinguished or any
30
easement is acquired by the Director on
behalf of the Crown--
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 2--Amendment of the Transport Act 1983
s. 7
(a) the Registrar of Titles must make any
recordings in the Register that are
necessary or expedient because of that
extinguishment or acquisition; and
(b) the holder of any relevant certificate of
5
title must deliver it to the Registrar of
Titles.
(3) Sub-section (2) does not apply to an
easement acquired compulsorily by the
Director on behalf of the Crown.".
10
7. New section 9BA inserted
After section 9B of the Transport Act 1983
insert--
'9BA. Recording of dealings
(1) If the Director acquires any land on behalf of
15
the Crown, any recording in the Register by
the Registrar of Titles of the acquisition must
be made in the name of "Director of Public
Transport" as registered proprietor.
(2) If the Director, on behalf of the Crown,
20
disposes of or otherwise deals with any land
held in the name of "Director of Public
Transport", any recording in the Register by
the Registrar of Titles of the disposition or
dealing must be made in the name of
25
"Director of Public Transport".
(3) If the Director, on behalf of the Crown,
lodges with the Registrar of Titles any
dealing in relation to any land, the Registrar
must make any recording in relation to that
30
dealing in the name of "Director of Public
Transport".
(4) To avoid doubt, land acquired in fee simple
by the Director on behalf of the Crown is
Crown land.
35
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 2--Amendment of the Transport Act 1983
s. 8
(5) Despite sub-section (4) and anything to the
contrary in the Land Act 1958 or the
Transfer of Land Act 1958, if land acquired
by the Director on behalf of the Crown--
(a) is under the operation of the Transfer
5
of Land Act 1958, it remains under the
operation of that Act; and
(b) is not under the operation of the
Transfer of Land Act 1958, it may be
brought under the operation of that
10
Act.'.
8. Definitions
In section 86(1) of the Transport Act 1983--
(a) insert the following definitions--
' "category 1 offence" means--
15
(a) an offence against the Crimes Act
1958 that involves sexual
penetration (within the meaning
given by section 35(1) of the
Crimes Act 1958); or
20
(b) an offence against a provision of
the Crimes Act 1958 amended or
repealed before the
commencement of section 8 of the
Transport Legislation (Further
25
Amendment) Act 2006 of which
the necessary elements at the time
it was committed consisted of
elements that constitute an offence
referred to in paragraph (a); or
30
(c) an offence specified in clause 1 of
Schedule 1 to the Sentencing Act
1991, if the victim of the offence
was a child or a person with a
cognitive impairment, that is not
35
7
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 2--Amendment of the Transport Act 1983
s. 8
an offence referred to in
paragraph (a) or (b); or
(d) an offence specified in clause 3 of
Schedule 1 to the Sentencing Act
1991; or
5
(e) a child pornography offence
within the meaning of the
Working with Children Act
2005; or
(f) an offence within the meaning of
10
Division 101 of the Criminal Code
Act 1995 of the Commonwealth;
"category 2 offence" means--
(a) an offence specified in clause 1 of
Schedule 1 to the Sentencing Act
15
1991 that is not an offence
referred to in paragraph (a), (b)
or (c) of the definition of
"category 1 offence"; or
(b) an offence specified in clause 2 of
20
Schedule 1 to the Sentencing Act
1991 that is not an offence
specified in clause 3 of that
Schedule; or
(c) an offence specified in clause 4 of
25
Schedule 1 to the Sentencing Act
1991; or
(d) an offence involving fraud or
dishonesty;
"category 3 offence" means a criminal
30
offence that is not a category 1 offence
or a category 2 offence;
"disqualifying offence" means a category 1
offence, a category 2 offence or a
category 3 offence;
35
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 2--Amendment of the Transport Act 1983
s. 9
"drive", in relation to a vehicle, includes
being in control of the vehicle;
"driver accreditation" means an
accreditation under section 165;
"private bus service" has the same meaning
5
as it has in the Public Transport
Competition Act 1995;';
(b) for the definition of "Director"
substitute--
' "director" has the same meaning as it has
10
in section 9 of the Corporations Act;'.
9. Fee for driver's certificate
In section 147B(1)(a) of the Transport Act 1983,
omit "156(1A),".
10. Repeal of requirement for driver's certificate--
15
commercial passenger vehicles
Section 156 of the Transport Act 1983 is
repealed.
11. Amendment of section 157 consequent on repeal of
driver's certificate
20
(1) In sections 157(1) and (2) of the Transport Act
1983, for "licence, permit or certificate" (wherever
occurring) substitute "licence or permit".
(2) Section 157(2A), section 157(2B) and section
157(2C) of the Transport Act 1983 are repealed.
25
(3) Section 157(5) and section 157(6) of the
Transport Act 1983 are repealed.
12. Repeal of certain offences--sections 157A and 157B
Sections 157A and 157B of the Transport Act
1983 are repealed.
30
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 2--Amendment of the Transport Act 1983
s. 13
13. Amendment of section 162 consequent on repeal of
driver's certificate
In section 162(1) of the Transport Act 1983--
(a) paragraph (g) is repealed;
(b) in paragraph (h), for "licences, permits and
5
certificates" substitute "licences or permits";
(c) in paragraph (i), for "licences, permits or
certificates" substitute "licences or permits".
14. Insertion of new Division 6 in Part VI
After Division 5 of Part VI of the Transport Act
10
1983 insert--
'Division 6--Driver Accreditation--
Commercial Passenger Vehicles and Private
Bus Services
163. Interpretation
15
(1) In this Division, a reference to a person who
has been found guilty of an offence is a
reference to a person--
(a) against whom a court has made a
formal finding that he or she is guilty of
20
the offence; or
(b) from whom a court has accepted a plea
that he or she is guilty of the offence; or
(c) from whom a court has accepted an
admission under section 100 of the
25
Sentencing Act 1991 that he or she has
committed the offence, or from whom a
similar admission has been accepted
under equivalent provisions of the laws
of a jurisdiction other than Victoria; or
30
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Transport Legislation (Further Amendment) Act 2006
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s. 14
(d) against whom a finding has been made
under--
(i) section 17(1)(b) of the Crimes
(Mental Impairment and
Unfitness to be Tried) Act 1997
5
that he or she was not guilty of the
offence because of mental
impairment; or
(ii) under section 17(1)(c) of the
Crimes (Mental Impairment
10
and Unfitness to be Tried) Act
1997 that he or she committed the
offence--
or against whom a similar finding has
been made under equivalent provisions
15
of the laws of a jurisdiction other than
Victoria--
being an admission, plea or finding that has
not been subsequently quashed or set aside
by a court.
20
(2) In this Division, a reference to a person who
has been charged with an offence is a
reference to a person--
(a) against whom a presentment has been
made or an indictment has been laid for
25
the offence; or
(b) against whom a charge has been filed
for the offence, whether or not--
(i) a summons to answer to the
charge; or
30
(ii) a warrant to arrest the person--
has been issued or served.
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Part 2--Amendment of the Transport Act 1983
s. 14
(3) In this Division, a reference to a charge that
has not been finally disposed of is a
reference to a charge that has not been
finally dealt with by--
(a) being withdrawn or by the entering of a
5
nolle prosequi; or
(b) the charge having been dismissed by a
court; or
(c) the person against whom the charge has
been laid having been discharged by a
10
court following a committal hearing; or
(d) the person against whom the charge has
been laid having been acquitted or
found guilty of the offence that was the
subject of the charge by a court; or
15
(e) any other prescribed means.
164. Public care objective
(1) The public care objective is the objective that
the services provided by drivers of
commercial passenger vehicles and vehicles
20
used for the operation of private bus
services--
(a) be provided--
(i) with safety; and
(ii) with comfort, amenity and
25
convenience--
to persons using the services and to
other persons, particularly children and
other vulnerable persons; and
(b) be carried out in a manner that is not
30
fraudulent or dishonest.
Note: Other vulnerable persons include elderly and
disabled persons.
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Part 2--Amendment of the Transport Act 1983
s. 14
(2) In this Division, a reference to the public
care objective is a reference to the objective
set out in sub-section (1).
165. Offence to drive certain vehicles without
accreditation
5
(1) A person must not drive--
(a) a commercial passenger vehicle; or
(b) a vehicle being used for the operation
of a private bus service--
unless that person holds a driver
10
accreditation.
Penalty: 60 penalty units.
(2) Sub-section (1)(a) does not apply to a person
who is driving a commercial passenger
vehicle, if there is no passenger being carried
15
in the vehicle for hire or reward and the
person is driving the vehicle--
(a) to test the vehicle; or
(b) as a trainee driver under instruction.
(3) Sub-section (1)(b) does not apply to a person
20
who is driving a vehicle that is used for the
operation of a private bus service--
(a) to test the vehicle; or
(b) as a trainee driver under instruction.
(4) Despite anything to the contrary in this
25
section, it is not necessary for a driver of a
commercial passenger vehicle to hold a
driver accreditation if--
(a) he or she is driving a vehicle that is
permitted by the laws of another State
30
or Territory to operate as the equivalent
of a commercial passenger vehicle; and
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Act No.
Part 2--Amendment of the Transport Act 1983
s. 14
(b) he or she is driving the vehicle in
Victoria in any of the circumstances set
out in section 139(1B).
166. Director's power to accredit persons
(1) The Director may accredit a person to
5
drive--
(a) a commercial passenger vehicle; or
(b) a vehicle being used for the operation
of a private bus service.
(2) A person may apply to the Director for the
10
issue of a driver accreditation.
(3) An application under sub-section (2) must
be--
(a) in the form approved by the Director;
and
15
(b) accompanied by any information or
thing required by the Director; and
(c) accompanied by the fee (if any) for the
application determined by the Director.
167. Tests, qualifications and other
20
requirements
(1) The Director may require an applicant for a
driver accreditation to pass any test and hold
any qualification specified by the Director
for the specified class of vehicle to which the
25
accreditation applies that relates to and
includes the following--
(a) the applicant's fitness to drive a vehicle;
(b) the applicant's medical condition;
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s. 14
(c) the applicant's knowledge of the names
and location of significant streets and
places in Melbourne or any other area
relevant to the specified class of
vehicle;
5
(d) the applicant's knowledge and use of
the English language;
(e) the applicant's knowledge and skills
relating to customer service in the field
of commercial passenger transport and
10
private bus services.
(2) The Director may require an applicant for a
driver accreditation to--
(a) give the Director a certificate from a
prescribed class of person stating that
15
the applicant is not suffering from any
condition which would prevent him or
her from driving a vehicle; and
(b) give the Director a certificate stating
that he or she has passed a prescribed
20
vision acuteness test; and
(c) be photographed, or have a digitised
image of the applicant made, at a place
and in a manner specified by the
Director; and
25
(d) give the Director 3 recent colour
passport size photographs of the
applicant showing his or her head and
full face only; and
(e) give the Director a specimen signature
30
at a place and in a manner specified by
the Director.
15
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168. Term and renewal of accreditation
(1) A driver accreditation remains in force for
the period specified in the accreditation,
which must not be more than 3 years.
(2) The holder of a driver accreditation may
5
apply to the Director for renewal of the
accreditation.
(3) An application under sub-section (2) must
be--
(a) made before the expiry of the
10
accreditation; and
(b) in the form approved by the Director;
and
(c) accompanied by any information or
thing required by the Director; and
15
(d) accompanied by the fee (if any) for the
application determined by the Director.
(4) Despite sub-section (3)(a), the Director may
accept an application that has been made
after the expiry of the accreditation if the
20
applicant pays the additional fee (if any) that
is determined by the Director for the
lodgement of late applications.
169. Matters to be considered by the Director
when issuing or renewing an accreditation
25
(1) If sub-section (2), (3) or (4) does not apply to
an applicant for the issue or renewal of a
driver accreditation, the Director may grant
the application if the Director is satisfied--
(a) that the issuing of accreditation is
30
appropriate having regard to the public
care objective; and
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(b) that the applicant--
(i) is technically competent and
sufficiently fit and healthy to be
able to provide the service; and
(ii) is suitable in other respects to
5
provide the service; and
(c) that the applicant has complied with the
application requirements under this
Division.
(2) The Director must not issue or renew a
10
driver accreditation if the Director is aware
that the applicant--
(a) does not hold--
(i) a driver licence under the Road
Safety Act 1986; or
15
(ii) a probationary driver licence
under the Road Safety Act 1986,
where the applicant has also
satisfied the Director that he or
she is competent to provide the
20
service because he or she has
relevant experience or is a person
to whom other special
circumstances apply; or
(b) has been found guilty of a category 1
25
offence; or
(c) is a person who is subject to--
(i) reporting obligations referred to in
section 12(1)(a) of the Working
with Children Act 2005; or
30
(ii) an order referred to in section
12(1)(b) of the Working with
Children Act 2005.
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(3) The Director must not issue or renew a
driver accreditation if the Director is aware
that the applicant has been found guilty of a
category 2 offence unless the Director is
satisfied that the applicant has demonstrated
5
that the issue or renewal of accreditation is
appropriate having regard to the public care
objective.
(4) The Director may refuse to issue or renew a
driver accreditation if the Director is aware
10
that the applicant--
(a) has been found guilty of a category 3
offence; or
(b) is the subject to a charge for a
disqualifying offence that has not been
15
finally disposed of at the time of
considering the application.
(5) In making a decision under sub-section (3)
or (4), the Director may have regard to any
matter to which a consideration in section
20
169C(3)(b) would apply.
(6) The Director must not make a decision under
sub-section (3) or (4) to issue or renew an
accreditation unless the Director is satisfied
of the matters set out in sub-section (1)(a)
25
to (c).
169A. Imposition of conditions on accreditation
(1) The Director may impose conditions on a
driver accreditation either--
(a) on issuing or renewing the
30
accreditation; or
(b) at any time during the course of an
accreditation.
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(2) In considering whether or not to impose
conditions on an accreditation, the Director
must have regard to the public care
objective.
(3) Nothing in the regulations is to be taken to
5
limit the power of the Director to impose
conditions under this section.
169B. Offence to fail to comply with conditions
The holder of an accreditation under this
Division must comply with any conditions
10
imposed by the Director on the accreditation
under section 169A.
Penalty: 10 penalty units.
169C. Disqualification by Director from ability
to apply for accreditation
15
(1) If the Director has refused the application for
the issue or renewal of the accreditation the
Director may determine that the applicant is
disqualified from applying for accreditation
under this Division for the period determined
20
by the Director.
(2) The period determined by the Director under
sub-section (1) must not exceed 5 years.
(3) In making a determination under sub-
section (1), the Director must have regard
25
to--
(a) the public care objective; and
(b) if the applicant has been found guilty of
a category 1 offence--
(i) the nature and gravity of the
30
offence and its relevance to the
service to be provided by the
applicant; and
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(ii) the period of time since the
applicant committed the offence;
and
(iii) whether a finding of guilt or
conviction was recorded; and
5
(iv) the sentence imposed for the
offence; and
(v) the age of the applicant when the
offence was committed; and
(vi) in relation to any sexual offence,
10
the age of any victim; and
(vii) whether or not the conduct that
constituted the offence has been
decriminalised since the offence
was committed; and
15
(viii) the applicant's behaviour since
committing the offence; and
(ix) the likelihood of the applicant
committing another such offence
in the future, in particular, any
20
future threat to a child or other
vulnerable person; and
(x) any information given by the
applicant; and
(xi) any other matter the Director
25
considers relevant.
(4) A person who has been disqualified under
this section is not entitled to make a further
application for the issue of accreditation until
the period determined by the Director has
30
elapsed unless, since the date of
disqualification, there has been a relevant
change in circumstances.
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(5) For the purposes of sub-section (4), a
"relevant change in circumstances"
includes where--
(a) a charge that the person was subject to,
that was pending at the date of the
5
disqualification, is finally dealt with,
without the person being found guilty
of the offence; or
(b) a finding of guilt of the person is
quashed or set aside by a court after the
10
date of the disqualification; or
(c) the person ceases to be subject to
reporting obligations referred to in
section 12(1)(a) of the Working with
Children Act 2005; or
15
(d) the person ceases to be subject to an
order referred to in section 12(1)(b) of
the Working with Children Act 2005;
or
(e) a finding on which the decision to
20
disqualify the person under sub-
section (1) was based is quashed or set
aside after the date of the
disqualification.
169D. Certificate of accreditation
25
On issuing or renewing a driver accreditation
the Director must issue a certificate of
accreditation that--
(a) is in the form approved by the Director;
and
30
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(b) sets out--
(i) the name of the holder of the
accreditation; and
(ii) the type of vehicle the holder is
accredited to drive; and
5
(iii) any conditions to which the
accreditation is subject.
169E. Mandatory cancellation in certain
circumstances
If the holder of a driver accreditation has
10
been found guilty of a category 1 offence or
becomes subject to the reporting obligations,
or an order, referred to in section 169(2)(c),
the Director must cancel that person's
accreditation.
15
169F. Powers of the Director to consider
disciplinary action
If the Director is satisfied that there are
reasonable grounds for believing that the
holder of a driver accreditation--
20
(a) has been found guilty of a category 2
offence or a category 3 offence or is
subject to a charge for a disqualifying
offence that has not been finally
disposed of; or
25
(b) has failed to comply with a condition of
the accreditation; or
(c) would no longer satisfy any one or
more of the matters set out in section
169(1)(a) or (b)--
30
the Director may consider taking action
under section 169I(1).
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169G. Notice to holder of accreditation
Before taking action under section 169I(1)
the Director must give to the holder a
notice--
(a) stating that the Director is satisfied that
5
there are grounds for taking action
under section 169I(1); and
(b) setting out those grounds; and
(c) specifying that the holder may make a
written submission under section 169H
10
and setting out the date by which the
submission must be made under section
169H(2).
169H. Submissions to Director
(1) A person who has received a notice from the
15
Director--
(a) under section 169G; or
(b) in any case where the Director has
suspended an accreditation under
section 169K, a notice under section
20
169K(3)--
may make a written submission to the
Director as to the matters set out in the
notice.
(2) A submission under this section must be
25
received by the Director--
(a) in the case where the Director has
suspended the accreditation of the
person under section 169K, no later
than 14 days after the day on which the
30
person received the notice under
section 169G or if a later date has been
specified by the Director in the notice,
that date; or
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(b) in any other case, no later than 28 days
after the day on which the person
received the notice under section 169G
or if a later date has been specified by
the Director in the notice, that date.
5
169I. Actions Director may take after
consideration
(1) If, after considering all the material
available, the Director is of the opinion that
the ground on which the Director considered
10
taking action has been established, the
Director may decide to take one or more of
the following actions--
(a) reprimand the holder of the
accreditation;
15
(b) warn the holder of the accreditation that
more serious action may be taken in the
future if the holder repeats the
behaviour;
(c) impose a further condition on the
20
accreditation;
(d) suspend the accreditation for a
specified period or until a specified
event occurs;
(e) cancel the accreditation;
25
(f) disqualify the holder of the
accreditation from being accredited or
applying for accreditation for a
specified period not exceeding 5 years.
(2) In making a decision under sub-section (1),
30
if the holder of the accreditation is alleged to
have committed a disqualifying offence, the
Director must have regard to any matter to
which a consideration in section 169C(3)(b)
would apply.
35
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169J. Notice of Director's decision
On making a decision under section 169I(1),
the Director must notify the holder of the
accreditation, in writing, of the decision and
of the reasons for the decision.
5
169K. Interim suspension of accreditation
(1) On making a decision under section 169F to
consider taking action under section 169I,
the Director may suspend the driver
accreditation of the person in respect of
10
whom the decision is made, if the Director is
satisfied that it is necessary to do so, having
regard to the public care objective.
(2) The Director, on being satisfied that the
holder of a driver accreditation--
15
(a) has been charged with a category 1
offence and the charge has not been
finally disposed of, must suspend the
driver accreditation; or
(b) has been charged with a category 2
20
offence or a category 3 offence and the
charge has not been finally disposed of,
may suspend the driver accreditation.
(3) The Director must serve notice of a
suspension under this section of a driver
25
accreditation on the holder of the
accreditation.
(4) A notice under sub-section (3) must set out
the reasons for the suspension.
(5) A suspension under sub-section (1) remains
30
in force--
(a) until the Director has made a decision
as to the action to be taken under
section 169I; or
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(b) until the Director re-instates the
accreditation--
whichever is the earlier.
(6) A suspension under sub-section (2) remains
in force--
5
(a) until the charge is finally disposed of;
or
(b) until the Director re-instates the
accreditation--
whichever is the earlier.
10
169L. Re-instatement of accreditation
If the Director has suspended the driver
accreditation of a person under section 169I
or 169K pending the hearing of a charge for
a disqualifying offence, and the person is not
15
found guilty of the offence, the Director
must re-instate the accreditation of the
person.
169M. Compensation for lost income during
suspension
20
(1) The holder of a driver accreditation to whom
section 169L applies may apply to the
Director for a determination of compensation
for any income lost during the period of
suspension.
25
(2) An application under sub-section (1) must
be--
(a) in writing; and
(b) in the form approved by the Director;
and
30
(c) accompanied by any information or
thing required by the Director.
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(3) On receiving an application under sub-
section (1), the Director may determine the
amount of compensation to which the holder
of the accreditation is entitled.
(4) An amount determined by the Director under
5
sub-section (3) may be recovered as a debt
owed by the Crown to the holder of the
accreditation.
169N. Jurisdiction of VCAT as to category 1
offenders
10
(1) A person--
(a) whose application for the issue or
renewal of a driver accreditation is
refused on a ground set out in section
169(2)(b) or (c); or
15
(b) whose driver accreditation is cancelled
under section 169E--
may apply to VCAT for an order that the
Director issue, renew or reinstate the driver
accreditation (as the case may be).
20
(2) On an application under sub-section (1)
VCAT may by order direct the Director to--
(a) issue a driver accreditation to the
applicant; or
(b) renew the driver accreditation of the
25
applicant; or
(c) reinstate the driver accreditation of the
applicant.
(3) VCAT must not make an order under sub-
section (2) to issue, renew or reinstate an
30
accreditation unless--
(a) VCAT is satisfied of the matters set out
in section 169(1)(b); and
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(b) the applicant has demonstrated that the
issue, renewal or reinstatement is
appropriate having regard to the public
care objective.
(4) In making an order under sub-section (2) in a
5
matter involving a category 1 offence VCAT
may have regard to any matter to which a
consideration in section 169C(3)(b) would
apply.
(5) The Director must comply with an order
10
made by VCAT under this section.
169O. Review of decision by VCAT
(1) A person, who is affected by the relevant
decision, may apply to VCAT for a review
of--
15
(a) a decision of the Director to refuse to
issue or renew an accreditation under
this Division; or
(b) a decision of the Director to suspend or
cancel an accreditation under this
20
Division; or
(c) a decision of the Director to impose a
condition on an accreditation under this
Division.
(2) To avoid doubt, sub-section (1) does not
25
apply to a refusal of the Director to issue or
renew a driver accreditation or to a
cancellation of a driver accreditation in the
circumstances in which section 169N(1)
applies.
30
(3) VCAT must not make a decision under sub-
section (1) unless VCAT is satisfied that the
decision is appropriate having regard to the
public care objective.
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(4) VCAT must not make a decision under this
section to issue, renew or reinstate an
accreditation unless VCAT is satisfied of the
matters set out in section 169(1)(b).
(5) In making a decision under this section on a
5
matter involving a disqualifying offence
VCAT may have regard to any matter to
which a consideration in section 169C(3)(b)
would apply.
169P. Time period for making application for
10
review
(1) An application to VCAT for an order under
section 169N must be made within 28 days
of the refusal of the application for driver
accreditation or the cancellation of the driver
15
accreditation (as the case requires).
(2) An application for review under section
169O must be made within 28 days of the
later of--
(a) the day on which the decision was
20
made; or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision, the day on
25
which the statement of reasons is given
to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be given.
169Q. Offence not to sign certificate on receipt
30
The holder of a driver accreditation, on
receiving a certificate of accreditation under
section 169D, must sign the certificate.
Penalty: 5 penalty units.
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169R. Offence not to notify of change of address
The holder of a driver accreditation must
notify the Director of any change of his or
her residential address within 7 days of
changing that address.
5
Penalty: 5 penalty units.
169S. Offence not to notify of suspension or
cancellation of accreditation
If the holder of a driver accreditation is
employed or engaged by a person who holds
10
a licence or accreditation to operate a vehicle
as a commercial passenger vehicle under
Division 5, the holder of the driver
accreditation must notify the holder of the
licence or accreditation of any suspension or
15
cancellation of his or her driver accreditation
within 28 days of receiving notice of the
suspension or cancellation.
Penalty: 5 penalty units.
169T. Offence not to notify of being charged
20
with, or found guilty of, a disqualifying
offence
(1) If the holder of a driver accreditation is
charged with, or found guilty of, a
disqualifying offence the holder must notify
25
the Director of the charge or the finding of
guilt within 28 days of the holder being so
charged or found guilty.
Penalty: 5 penalty units.
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(2) If the holder of a driver accreditation
becomes subject to--
(a) the reporting obligations; or
(b) an order--
referred to in section 169(2)(c), the holder
5
must notify the Director of the obligation or
order within 28 days of the holder becoming
so subject.
Penalty: 5 penalty units.
169U. Offence to retain illegible certificate
10
If the certificate of accreditation of the
holder of a driver accreditation becomes
illegible or is altered or defaced, the holder
must return the certificate to the Director and
apply for the issue of a replacement
15
certificate.
Penalty: 5 penalty units.
169V. Offence to retain certificate if
accreditation suspended or cancelled
If the accreditation of the holder of a driver
20
accreditation is suspended or cancelled, the
holder must return his or her certificate of
accreditation to the Director within 28 days
of receiving notice of the suspension of
cancellation.
25
Penalty: 5 penalty units.
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169W. Offence not to carry certificate when
driving
If the holder of a driver accreditation is
driving a vehicle in circumstances in which
he or she is required under this Division to
5
have the accreditation, he or she must carry
his or her certificate of accreditation.
Penalty: 5 penalty units.
169X. Offence not to produce certificate when
asked
10
If the holder of a driver accreditation is
driving a vehicle in circumstances in which
he or she is required under this Division to
have the accreditation, and if the holder is
asked by an authorised officer or a member
15
of the police force to produce his or her
certificate of accreditation, he or she must do
so.
Penalty: 5 penalty units.
169Y. Power of Director to determine fees
20
(1) The Director may determine fees for
applications under this Division.
(2) The Director must obtain the approval of the
Minister for any determination made under
sub-section (1).
25
(3) Any fee determined under sub-section (1)
may differ according to differences to time,
place or circumstance.
(4) Any fee determined by the Director under
sub-section (1) must be published in the
30
Government Gazette.
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169Z. Regulations
(1) The Governor in Council may make
regulations for or with respect to--
(a) prescribing and regulating in respect of
persons who are holders of
5
accreditations under this Division--
(i) the conduct and duties of such
persons; and
(ii) the dress and appearance of such
persons; and
10
(iii) the safeguarding and disposal of
lost or unclaimed property left in
or carried on vehicles that are
required to be driven by such
persons; and
15
(iv) generally, conditions relating to
the operation and use of vehicles
when driven by such persons;
(b) accreditations under this Division,
including, but not limited to--
20
(i) conditions to which such
accreditations or any class of such
accreditations are subject; and
(ii) qualifications to be required of,
and the tests to be passed by,
25
applicants for such accreditations;
and
(iii) applications for such
accreditations and the cancellation
or suspension of such
30
accreditations;
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(c) any matter or thing required or
permitted by this Division to be
prescribed or necessary to be prescribed
to give effect to this Division.
(2) Any regulations made under this section--
5
(a) may be of general or of specially
limited application; and
(b) may differ according to differences in
time, place or circumstance; and
(c) may prescribe penalties of not more
10
than 20 penalty units for any
contravention of or failure to comply
with the regulations; and
(d) may confer a power or discretionary
authority on a person or body or a class
15
of person or body; and
(e) may apply adopt or incorporate (with or
without modification) any matter
contained in a document as in force at
the time the regulations are made or at
20
any time before then; and
(f) may provide for the exemption of a
specified person, body or thing or a
specified class of person, body or thing
from any of the provisions of the
25
regulations, whether unconditionally or
on specified conditions and either
wholly or to such an extent as is
specified.'.
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15. Section 218B amended
(1) In section 218B of the Transport Act
1983--
(a) in sub-section (6B), for "sub-section
(6A)" substitute "sub-section (6)";
5
(b) in sub-section (6C), for "sub-section
(6A)" substitute "sub-section (6)";
(c) in sub-section (6D), for "sub-section
(6A)" substitute "sub-section (6)".
(2) In section 218B(6D)--
10
(a) in paragraph (b), for "proceedings."
substitute "proceedings; or";
(b) after paragraph (b) insert--
"(c) for the purposes of discharging the
law enforcement functions of the
15
Sheriff; or
(d) for any other law enforcement
purposes.".
16. Director to authorise Departmental authorised
officers
20
In section 221A of the Transport Act 1983, for
"Secretary" substitute "Director".
17. Director to authorise other authorised officers
In section 221AB of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" substitute
25
"Director";
(b) in sub-section (2), for "Secretary" substitute
"Director".
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18. Insertion of new section 227A
After section 227 of the Transport Act 1983
insert--
"227A. Power of court to require attendance at
approved public transport education
5
program
(1) If a person is charged with an offence under
this Act, or under regulations made under
this Act, and on the hearing of the charge the
court considers it appropriate in view of the
10
person's circumstances, the court may order
the person to undertake a program approved
under sub-section (2).
(2) For the purposes of this section, the Director
may approve programs that educate users of
15
public transport and other persons about
issues relating to public transport, including
but not limited to--
(a) public transport safety;
(b) the comfort, amenity and convenience
20
of passengers on public transport;
(c) the revenue implications of fare evasion
for public transport operators and the
State;
(d) the obligations of passengers and other
25
persons in relation to public transport;
(e) the enforcement obligations of
authorised officers;
(f) the providers of public transport in
Victoria;
30
(g) any other matter related to public
transport that the Director considers
appropriate.".
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Act No.
Part 2--Amendment of the Transport Act 1983
s. 19
19. New sections 228AA and 228AB inserted
Before section 228A of the Transport Act 1983
insert--
'228AA. Objective
The objective of this Division is that the
5
authorised officer management systems
provided by passenger transport companies,
bus companies and the Bus Association
Victoria be provided in a manner that
promotes the safety, comfort, amenity and
10
convenience of persons using the services
provided by the bodies and other persons,
particularly children and other vulnerable
persons.
228AB. Definition
15
In this Division, "authorised officer
management system" means a system for
the management of authorised officers that
includes--
(a) education and training relating to--
20
(i) the use of enforcement powers;
(ii) behaviour by authorised officers
toward members of the public,
particularly children and other
vulnerable persons;
25
(b) the reporting requirements and
supervision of authorised officers;
(c) any matter prescribed in the regulations
for this purpose.'.
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Part 2--Amendment of the Transport Act 1983
s. 20
20. Application for accreditation
(1) In section 228A(1) of the Transport Act 1983,
for "Secretary" substitute "Director".
(2) In section 228A(2) of the Transport Act 1983--
(a) in paragraph (a), for "Secretary" substitute
5
"Director";
(b) for paragraph (b) substitute--
"(b) must be accompanied by--
(i) the application fee, if any,
determined by the Director and
10
published in the Government
Gazette;
(ii) a detailed description of the
applicant's authorised officer
management system;
15
(iii) any other information or thing
determined by the Director.".
(3) After section 228A(2) of the Transport Act 1983
insert--
"(2A) The Director must notify in writing all
20
passenger transport companies, bus
companies and the Bus Association Victoria
of any determination made by the Director
under sub-section (2).".
(4) In section 228A(3) of the Transport Act 1983,
25
for "Secretary" (wherever occurring) substitute
"Director".
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Act No.
Part 2--Amendment of the Transport Act 1983
s. 21
21. Considerations as to and issue and renewal of
accreditation by Director
(1) Insert the following heading to section 228B of
the Transport Act 1983--
"Matters to be considered by Director".
5
(2) In section 228B of the Transport Act 1983--
(a) for "Secretary" substitute "Director";
(b) for paragraph (a) substitute--
"(a) whether the authorised officer
management system that the applicant
10
proposes to have in place is effective
and appropriate; and".
(3) In section 228C of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" substitute
"Director";
15
(b) in sub-section (2), for "Secretary" (wherever
occurring) substitute "Director";
(c) in sub-section (3), for "Secretary" substitute
"Director".
22. New offence inserted
20
After section 228DA of the Transport Act 1983
insert--
"228DB. Offence to employ or engage authorised
officer without accreditation under this
Division
25
A passenger transport company, a bus
company or the Bus Association Victoria
must not employ or engage a person to act as
an authorised officer without being
accredited to do so under this Division.
30
Penalty: 300 penalty units.".
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 2--Amendment of the Transport Act 1983
s. 23
23. Substitution of section 228H
For section 228H of the Transport Act 1983
substitute--
'228H. Notifications
(1) A company that holds an accreditation (other
5
than a temporary accreditation) must notify
the Director (in writing) of any relevant
incident or occurrence within 14 days after
the day on which the incident or occurrence
took place.
10
Penalty: 50 penalty units.
(2) The Director may request a report from a
company that holds an accreditation (other
than a temporary accreditation) under this
Division on any matter related to the
15
authorised officers employed or engaged by
the company.
(3) A request by the Director under sub-section
(2) must specify a reasonable period within
which the report must be received by the
20
Director.
(4) A company that receives a request under
sub-section (3) must comply with that
request within the period specified by the
Director under sub-section (5).
25
Penalty: 50 penalty units.
(5) The Director may request further information
relating to--
(a) the incident or occurrence to which a
notification under sub-section (3)
30
relates; or
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Act No.
Part 2--Amendment of the Transport Act 1983
s. 24
(b) a report provided to the Director under
sub-section (4)--
and may specify a reasonable period within
which the further information must be
received by the Director.
5
(6) A company must comply with any request
for further information under sub-section (5)
within the period (if any) specified in that
request.
Penalty: 50 penalty units.
10
(7) In this section, "relevant incident or
occurrence" means an incident or
occurrence that is determined by the Director
to be an incident or occurrence to which this
section applies.
15
(8) The Director must cause to be published in
the Government Gazette any determination
made by the Director for the purpose of the
definition of "relevant incident or
occurrence".
20
(9) The Director must notify in writing any
company that holds an accreditation under
this Division of any determination made by
the Director for the purpose of the definition
of "relevant incident or occurrence".'.
25
24. Audit of certain books and records of accredited
companies
(1) Insert the following heading to section 228HA of
the Transport Act 1983--
"Audit of certain books and records of
30
accredited companies for compliance
purposes".
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Act No.
Part 2--Amendment of the Transport Act 1983
s. 24
(2) For section 228HA(1) of the Transport Act 1983
substitute--
"(1) An accredited company must keep books and
records relating to the following--
(a) any condition to which its accreditation
5
is subject and its compliance with that
condition;
(b) the scope and operation of its
authorised officer management system;
(c) any notification, report or information
10
provided by it under this Division;
(d) any correspondence with the Director
in relation to its accreditation, its
authorised officer management system
or any authorised officer employed or
15
engaged by it;
(e) any other prescribed matter.
Penalty: 50 penalty units.".
(3) In section 228HA(2) of the Transport Act
1983--
20
(a) for "Secretary" substitute "Director";
(b) omit ", in accordance with the regulations,";
(c) after "sub-section (1)" insert "and may take
copies of any books or records".
(4) After section 228HA(2) of the Transport Act
25
1983 insert--
"(2A) The Director may authorise an officer of the
Department or any other suitably qualified
person to conduct an audit under this section.
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Transport Legislation (Further Amendment) Act 2006
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Part 2--Amendment of the Transport Act 1983
s. 25
(2B) A person authorised under sub-section (2A)
may--
(a) enter any premises in which the person
reasonably believes a book or record is
kept for the purpose of sub-section (1);
5
and
(b) inspect any such book or record; and
(c) make copies of, or take extracts from,
any such book or record.".
(5) For section 228HA(3) of the Transport Act 1983
10
substitute--
"(3) If an audit is conducted as a result of a
notification, or the provision of a report,
under section 228H, the Director may charge
a fee that covers the reasonable costs of
15
conducting that audit.".
25. Application for renewal of accreditation
(1) In section 228I of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" substitute
"Director";
20
(b) in sub-section (2), for "Secretary" substitute
"Director".
(2) In section 228I(3) of the Transport Act 1983--
(a) in paragraph (a), for "Secretary" substitute
"Director";
25
(b) for paragraph (b) substitute--
"(b) must be accompanied by--
(i) the application fee, if any,
determined by the Director and
published in the Government
30
Gazette; and
43
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Part 2--Amendment of the Transport Act 1983
s. 26
(ii) any other information or thing
determined by the Director.".
(3) In section 228I of the Transport Act 1983--
(a) in sub-section (5), for "Secretary" substitute
"Director";
5
(b) in sub-section (5A), for "Secretary"
substitute "Director";
(c) in sub-section (6), for "Secretary" substitute
"Director".
26. Renewal of accreditation
10
(1) In section 228J(1) of the Transport Act 1983, for
"Secretary" substitute "Director".
(2) After section 228J(1) of the Transport Act 1983
insert--
"(1A) In renewing or refusing to renew any
15
accreditation under sub-section (1), the
Director must have regard to--
(a) the applicant's authorised officer
management system; and
(b) the applicant's compliance with the
20
conditions of the applicant's
accreditation; and
(c) the conduct of authorised officers
employed or engaged by the company,
including whether the authorised
25
officers have complied with conditions
to which their authorisations are
subject; and
(d) any other matter determined by the
Director and published in the
30
Government Gazette.
44
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Act No.
Part 2--Amendment of the Transport Act 1983
s. 27
(1B) The Director must notify each company in
writing of any determination made by the
Director under sub-section (1A)(d).".
(3) In section 228J(2) of the Transport Act 1983--
(a) for "Secretary" substitute "Director";
5
(b) in paragraph (c), after "accreditation" insert
"(including conditions relating to the
authorised officer management system of the
company)".
(4) In section 228J(3) of the Transport Act 1983, for
10
"Secretary" substitute "Director".
(5) In section 228J(5) of the Transport Act 1983, for
"Secretary" (wherever occurring) substitute
"Director".
27. Director not liable for giving accreditation
15
(1) Insert the following heading to section 228M of
the Transport Act 1983--
"Director not liable for giving accreditation".
(2) In section 228M of the Transport Act 1983, for
"Secretary" substitute "Director".
20
28. Supervision of accredited companies
(1) In section 228N(1) of the Transport Act 1983,
for "Secretary" substitute "Director".
(2) For section 228N(2)(a) of the Transport Act
1983 substitute--
25
"(a) the company has failed to maintain an
effective and appropriate authorised officer
management system; or
(aa) the company has failed to comply with
section 228H; or".
30
45
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 2--Amendment of the Transport Act 1983
s. 29
(3) In section 228N(3) of the Transport Act 1983--
(a) for "Secretary" (wherever occurring)
substitute "Director";
(b) in paragraph (b)(ii), after "accreditation"
insert "(including conditions relating to the
5
authorised officer management system of the
company)".
(4) In section 228N(4) of the Transport Act 1983,
for "Secretary" substitute "Director".
29. Substitution of section 228Q
10
For section 228Q of the Transport Act 1983
substitute--
"228Q. Effect of suspension, cancellation or
failure to renew
(1) A company or association whose
15
accreditation is suspended is not accredited
during the period of suspension.
(2) If--
(a) a person who is employed or engaged
by a company or association is
20
authorised under section 221AB to act
as an authorised officer; and
(b) the accreditation of the company or
association is suspended, cancelled or
not renewed while that person is so
25
employed or engaged--
the person ceases to be authorised under
section 221AB during the period of
suspension or cancellation or until the
accreditation is renewed.
30
(3) Sub-section (2) does not apply to a person
who is authorised under section 221AB to
act as an authorised officer if--
46
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Part 2--Amendment of the Transport Act 1983
s. 30
(a) the person is employed or engaged by
more than one company or association
and at least one such company or
association continues to be the holder
of an accreditation under this Division;
5
or
(b) the person is employed or engaged by
another accredited company or
association within 30 days following
the day on which the accreditation of
10
the company or association by whom
he or she was employed or engaged
was suspended, cancelled or not
renewed.".
30. Insertion of new Division 5 in Part VIII
15
After Division 4 of Part VIII of the Transport
Act 1983 insert--
'Division 5--Transitional provisions--
Transport Legislation (Further Amendment)
Act 2006
20
268. Definitions
"appointed day" means the day on which
section 10 of the Transport
Legislation (Further Amendment)
Act 2006 comes into operation;
25
"driver accreditation" has the same
meaning as in Part VI;
"old driver's certificate" means a
certificate, in force immediately before
the appointed day, under section 156, as
30
in force immediately before the
appointed day.
47
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 2--Amendment of the Transport Act 1983
s. 30
269. Old certificates deemed to be
accreditations
(1) An old driver's certificate is deemed to be,
on and from the appointed day, a driver
accreditation.
5
(2) An old driver's certificate that is deemed to
be a driver accreditation under sub-
section (1)--
(a) is subject to any conditions to which
the certificate was subject immediately
10
before the appointed day, and any such
conditions may be dealt with as if they
were imposed under Division 6 of
Part VI; and
(b) remains in force for the remainder of
15
the term that applied to the certificate
immediately before the appointed day,
unless, before the end of that term, the
accreditation is suspended or cancelled
under Division 6 of Part VI; and
20
(c) except where this section indicates a
contrary intention, the provisions of
Division 6 of Part VI apply
accordingly.
(3) Despite sub-section (1), if a person who is
25
the holder of an old driver's certificate is a
person who has been found guilty of a
category 1 offence, or is subject to the
reporting obligations, or an order referred to
in section 169(2)(c), the person is not
30
deemed to be the holder of a driver
accreditation.
48
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Transport Legislation (Further Amendment) Act 2006
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Part 2--Amendment of the Transport Act 1983
s. 30
(4) Sub-section (3) does not apply if the holder
of the certificate can demonstrate to the
satisfaction of the Director, having regard to
the public care objective under Division 6 of
Part VI, that it is appropriate for that person
5
to be deemed to be the holder of such an
accreditation.
(5) A person referred to in sub-section (3) may
apply to VCAT for an order that his or her
old driver's certificate be deemed to be a
10
driver accreditation under this section.
(6) If VCAT makes an order under sub-
section (5), sub-section (2) applies to the
deemed driver accreditation.
(7) At least 28 days before the appointed day the
15
Director must give each holder of an old
driver's certificate to whom sub-section (3)
applies written notice of the effect of sub-
sections (3), (4), (5) and (6) and allow the
person 28 days in which to provide the
20
Director with information for the purposes of
sub-section (4).
270. Saving of accreditations granted by
Secretary
Despite the commencement of section 21 of
25
the Transport Legislation (Further
Amendment) Act 2006, an accreditation
under Division 4A of Part VII (and any
condition to which the accreditation is
subject) granted by the Secretary and in force
30
immediately before that commencement is
deemed to continue in force as if the
accreditation were granted by the Director.
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 2--Amendment of the Transport Act 1983
s. 30
271. Saving of agreements etc.
(1) Any reference to the Secretary in any
relevant agreement, instrument, deed or other
document, so far as it relates to any period
after the commencement of section 31(1) of
5
the Transport Legislation (Further
Amendment) Act 2006 and if not
inconsistent with the context or subject-
matter, must be construed as a reference to
the Director.
10
(2) In this section--
"relevant agreement, instrument, deed or
other document" means any
agreement, instrument, deed or other
document--
15
(a) entered into under a relevant
section of this Act or the Public
Transport Competition Act
1995; and
(b) in force immediately before the
20
commencement of section 31(1)
of the Transport Legislation
(Further Amendment) Act 2006;
"relevant section" means a section of this
Act or the Public Transport
25
Competition Act 1995 in which a
reference to "Secretary" was amended
by the Transport Legislation (Further
Amendment) Act 2006 to be a
reference to "Director".'.
30
50
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 2--Amendment of the Transport Act 1983
s. 31
31. Further amendment of Transport Act 1983
(1) The Transport Act 1983 is amended as set out in
Part 1 of Schedule 1.
(2) The Transport Act 1983 is amended as set out in
Part 2 of Schedule 1.
5
__________________
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 3--Amendment of other Acts
s. 32
PART 3--AMENDMENT OF OTHER ACTS
32. Insertion of new sections 13G to 13I
See: After section 13F of the Rail Corporations Act
Act No.
1996 insert--
79/1996.
Reprint No. 3
"13G. Powers to enter land to construct or
5 as at
15 July 2003
maintain works
and
amending
(1) Rail Track may enter any land and do all
Act Nos
things necessary and convenient for
73/2003,
12/2004,
constructing, maintaining, altering and using
49/2004,
any works supporting any rail signalling
10 108/2004,
110/2004,
system.
25/2005,
95/2005 and
(2) Rail Track may exercise its powers under
9/2006.
this section by any officer or employee of
LawToday:
www.dms.
Rail Track who is authorised in writing by
dpc.vic.
Rail Track to do so.
gov.au
15
(3) Rail Track must not exercise a power under
this section unless--
(a) Rail Track has given 7 days notice in
writing to the occupier of the land that
is to be entered; or
20
(b) the occupier of the land consents to
entry to the land; or
(c) immediate entry is necessary because
of an emergency.
(4) A person who is exercising a power under
25
this section must not enter land that is used
primarily for residential purposes except
between 7.30 a.m. and 6.00 p.m. unless the
occupier consents to a different time.
52
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 3--Amendment of other Acts
s. 32
13H. Obligations in relation to entry onto land
In exercising the powers under section 13G,
Rail Track must--
(a) cause as little harm and inconvenience
as possible; and
5
(b) stay on the land only for as long as is
reasonably necessary to exercise the
power; and
(c) remove from the land on completing
the exercise of the power, all plant,
10
machinery, equipment, goods or
temporary buildings brought onto the
land for the exercise of the power, other
than anything that the owner or
occupier of the land agrees may be left
15
there; and
(d) leave the land as nearly as possible in
the condition in which he or she found
it; and
(e) ensure that as little damage as possible
20
is done to the land; and
(f) co-operate as much as possible with the
owner and any occupier of the land.
13I. Rail Track to pay compensation
(1) If Rail Track has caused any damage to land
25
while exercising a power under section 13G,
Rail Track must pay compensation to the
owner and any other person with an interest
in the land.
(2) Compensation under sub-section (1) may, if
30
so agreed by the person entitled to the
compensation, be paid as a lump sum or by
way of an annual rent, and, if no agreement
can be reached, must be determined in the
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 3--Amendment of other Acts
s. 33
manner provided in the Land Acquisition
and Compensation Act 1986.".
See: 33. Amendment of the Transport Legislation (Further
Act No.
Miscellaneous Amendments) Act 2005
95/2005.
LawToday:
(1) After section 2(1) of the Transport Legislation
5 www.dms.
dpc.vic.
(Further Miscellaneous Amendments) Act 2005
gov.au
insert--
"(1A) Section 40 comes into operation on the same
day as the day on which section 15(1) of the
Transport Legislation (Further
10
Amendment) Act 2006 comes into
operation.".
(2) In section 2(2) of the Transport Legislation
(Further Miscellaneous Amendments) Act
2005, for "34, 35 and 40" substitute "34 and 35".
15
(3) For section 2(4) of the Transport Legislation
(Further Miscellaneous Amendments) Act 2005
substitute--
"(4) Sections 41 to 47 come into operation on a
day or days to be proclaimed.".
20
(4) In section 2(5) of the Transport Legislation
(Further Miscellaneous Amendments) Act
2005, after "or (4)" insert ", other than
section 42,".
(5) After section 2(5) of the Transport Legislation
25
(Further Miscellaneous Amendments) Act 2005
insert--
"(6) If section 42 does not come into operation
before 30 June 2008, it comes into operation
on that day.".
30
(6) In section 220AA(d) of the Transport Act 1983,
as proposed to be inserted by section 41 of the
Transport Legislation (Further Miscellaneous
Amendments) Act 2005, after "Rail Track"
insert ", the Director".
35
54
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 3--Amendment of other Acts
s. 34
(7) In section 225(1) of the Transport Act 1983, as
proposed to be inserted by section 45 of the
Transport Legislation (Further Miscellaneous
Amendments) Act 2005, in paragraph (c) of the
definition of "officer", for "or the Secretary"
5
substitute ", the Secretary or the Director".
34. Offences against officers
In section 225(3) of the Transport Act 1983, as
proposed to be inserted by section 45 of the
Transport Legislation (Further Miscellaneous
10
Amendments) Act 2005--
(a) in paragraph (a), for "obstruct, hinder or
refuse to comply with" substitute "resist,
obstruct, hinder or refuse to comply with";
(b) in paragraph (b), for "obstruct, hinder or
15
refuse to comply with" substitute "resist,
obstruct, hinder or refuse to comply with".
See:
35. Amendment of the Public Transport Competition Act No.
Act 1995 68/1995.
Reprint No. 2
(1) In section 26 of the Public Transport
20 as at
17 June 2004
Competition Act 1995-- and
amending
(a) in sub-section (2), omit "Secretary or the"; Act Nos
95/2005 and
(b) in sub-section (3), omit "Secretary or the"; 9/2006.
LawToday:
(c) in sub-section (4), omit "Secretary or the". www.dms.
dpc.vic.
(2) Section 36(1) of the Public Transport
25 gov.au
Competition Act 1995 is repealed.
(3) After section 36(1A)(b) of the Public Transport
Competition Act 1995 insert--
"(ba) to prohibit a person from driving a vehicle;".
36. Consequential amendments to the Public Transport
30
Competition Act 1995
The Public Transport Competition Act 1995 is
amended as set out in Schedule 2.
55
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Part 3--Amendment of other Acts
s. 37
37. Powers of V/Line--Amendment of the Rail
Corporations Act 1996
(1) After section 18(1)(c) of the Rail Corporations
Act 1996 insert--
"(ca) to report on the activities of any person
5
carrying out a function specified in
paragraph (a), (b) or (c);".
(2) After section 18(2) of the Rail Corporations Act
1996 insert--
"(2A) Nothing in this Act affects or limits the
10
Director's power under section 9(4) of the
Transport Act 1983 to enter into an
agreement, lease or licence with another
person to carry out a function specified in
sub-section (1).".
15
38. Change of reference to Secretary
In the heading to section 38ZZE of the Rail
Corporations Act 1996, for "Secretary"
substitute "Safety Director".
__________________
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Transport Legislation (Further Amendment) Act 2006
Act No.
Part 4--Amendment of Rail Safety Related Legislation
s. 39
PART 4--AMENDMENT OF RAIL SAFETY RELATED
LEGISLATION
See:
Division 1--Amendments to Rail Safety Act 2006 Act No.
9/2006.
39. Amendment of commencement provision LawToday:
www.dms.
(1) In section 2(1) of the Rail Safety Act 2006, for dpc.vic.
5
gov.au
"sub-section (4)" substitute "sub-sections (4)
and (5)".
(2) In section 2(4) of the Rail Safety Act 2006, after
"Act" insert "(except section 123)".
(3) After section 2(4) of the Rail Safety Act 2006
10
insert--
"(5) If section 123 does not come into operation
before 30 June 2008, it comes into operation
on that day.".
40. New definition of "interface co-ordination plan"
15
substituted
In section 3(1) of the Rail Safety Act 2006, for
the definition of "interface co-ordination plan"
substitute--
' "interface co-ordination plan" means a plan
20
developed by a rail operator that identifies
and specifies--
(a) the potential risks to the safety of rail
operations carried out by that rail
operator at a place that may be caused
25
or contributed, wholly or in part by--
(i) the activities or rail operations of
another rail operator or activities
of another person at that place; or
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(ii) the ownership, occupation or
management of that place by
another rail operator or another
person;
(b) any other matter or thing that is
5
prescribed;'.
41. New section 28A inserted
After section 28 of the Rail Safety Act 2006
insert--
"28A. Provision of access to SMS to Safety
10
Director or transport safety officer
(1) The Safety Director may request, in writing,
a rail operator to provide the Safety Director,
or a transport safety officer, access to the
railway premises of the rail operator, and any
15
document or equipment at those railway
premises, for the purpose of enabling the
Safety Director, or the transport safety
officer, to inspect the safety management
system of the rail operator.
20
(2) A rail operator must comply with a request
under sub-section (1) within 7 days after
receiving the request.
Penalty: 15 penalty units.".
42. Emergency planning
25
For section 52(4)(a) of the Rail Safety Act 2006
substitute--
"(a) at least address all--
(i) major incidents identified under
section 50; and
30
(ii) hazards identified under section 50 that
could cause or contribute to causing the
major incidents identified under that
section; and
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(ab) address and include any other matters or
things that are prescribed; and".
43. New section 62A inserted
After section 62 of the Rail Safety Act 2006
insert--
5
'62A. Co-ordination between Safety Director
and corresponding Rail Safety Regulator
(1) This section applies if the Safety Director
receives an application for accreditation
under Division 2, or for variation of
10
accreditation or the conditions or restrictions
of accreditation under Division 4, that
indicates that the applicant is accredited, or
is seeking accreditation in another State or a
Territory of the Commonwealth under a
15
corresponding law to carry out rail
operations of a similar kind to those the
subject of the application under Division 2
or 4.
(2) The Safety Director must, as soon as
20
possible and before deciding whether or not
to grant the application, consult with the
relevant corresponding Rail Safety
Regulator, or Regulators, in relation to the
application with a view to the outcome of the
25
application being consistent with the
outcome of applications made in the other
jurisdiction or jurisdictions.
(3) The Safety Director, in complying with sub-
section (2), must take into account any
30
guidelines prepared under sub-section (5).
(4) If the Safety Director does not, in relation to
an application, act consistently with the
provisions of any guidelines prepared under
sub-section (5), the Safety Director must
35
give the applicant reasons for not so acting.
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(5) The Minister may prepare guidelines about
the manner of the consultation the Safety
Director is required to undertake under sub-
section (2).
(6) In this section--
5
"corresponding law" means--
(a) the law of another State or a
Territory of the Commonwealth
corresponding, or substantially
corresponding, to this Act; or
10
(b) a law of another State or a
Territory of the Commonwealth
that is declared under the
regulations to be a corresponding
law, whether or not the law
15
corresponds, or substantially
corresponds, to this Act;
"corresponding Rail Safety Regulator"
means--
(a) the person who, or body that, has
20
functions or powers under a
corresponding law that
substantially correspond to the
functions and powers of the Safety
Director under this Part; or
25
(b) a person prescribed by the
regulations as the corresponding
Rail Safety Regulator for another
State or a Territory of the
Commonwealth for the purposes
30
of this Act.'.
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44. Reviewable decisions
In section 87 of the Rail Safety Act 2006, in the
table after item 15 insert--
"15A. Section 62A(3) A rail operator who has
(Safety Director applied for accreditation
not acting in under Division 2, or for
accordance with variation of accreditation
guidelines) or the conditions or
restrictions of
accreditation under
Division 4.".
45. Regulation making powers
(1) In section 105(b) of the Rail Safety Act 2006
5
before "annual" (where first occurring) insert
"accreditation fees, including".
(2) In section 108 of the Rail Safety Act 2006--
(a) in paragraph (a), for "people" substitute "rail
safety workers";
10
(b) for paragraph (c) substitute--
"(c) requiring a rail operator to ensure that
rail safety workers employed or
engaged by them or employed or
engaged by a rail contractor engaged
15
directly or indirectly by the rail
operator to supply rail operations to that
rail operator--
(i) are fit to carry out rail safety
work;
20
(ii) are competent or appropriately
trained or qualified to carry out
rail safety work;".
(c) in paragraph (d), for "persons" (where twice
occurring) substitute "rail safety workers".
25
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(3) For section 110(1)(b) of the Rail Safety Act 2006
substitute--
"(b) requiring notice of, reports and information
about, prescribed activities, matters or things
to be given to the Safety Director or a
5
transport safety officer;
(ba) the content, manner and form of a notice,
reports and information referred to in
paragraph (b) to be given to the Safety
Director or a transport safety officer;
10
(bb) interface co-ordination plans, including--
(i) requiring a rail operator to develop
interface co-ordination plans;
(ii) the matters or things that interface
co-ordination plans developed by a rail
15
operator must identify or specify;
(iii) requiring a rail operator to keep a
register of interface co-ordination plans
the rail operator has developed;
(bc) requiring a rail operator to undertake reviews
20
about rail operations the rail operator carries
out, including--
(i) the subject matter of the reviews;
(ii) requiring the rail operator to give
reports to the Safety Director of
25
findings made in the reviews;".
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46. New definitions to be inserted into Transport
Act 1983
(1) In section 125 of the Rail Safety Act 2006, in
proposed new section 228S(1) of the Transport
Act 1983 insert the following proposed new
5
definitions--
' "officer" has the same meaning as in the Rail
Safety Act 2006;
"person" has the same meaning as in the Rail
Safety Act 2006;'.
10
(2) In section 125 of the Rail Safety Act 2006, in
proposed new section 228S(1) of the Transport
Act 1983--
(a) in the proposed new definition of "utility", in
proposed new paragraph (b), for "2004."
15
substitute "2004;";
(b) after the proposed new definition of "utility"
insert the following proposed new
definition--
' "volunteer" has the same meaning as in
20
the Rail Safety Act 2006.'.
47. Transport safety officers
(1) In section 125 of the Rail Safety Act 2006, in
proposed new section 228T of the Transport Act
1983, for "this Division" substitute "a relevant
25
transport safety law".
(2) In section 125 of the Rail Safety Act 2006, at the
end of proposed new section 228T of the
Transport Act 1983 insert--
"(2) An appointment under this section is for a
30
term, and subject to the conditions, specified
in the instrument.
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(3) Without limiting the conditions to which the
appointment of a transport safety officer may
be subject, a condition may specify one or
more of the following--
(a) the functions and powers under a
5
relevant transport safety law that may
not be exercised by the transport safety
officer;
(b) the only functions and powers under a
relevant transport safety law that may
10
be exercised by the transport safety
officer;
(c) the circumstances or manner in which a
function or power under a relevant
transport safety law may be performed
15
by the transport safety officer.".
(3) In section 125 of the Rail Safety Act 2006, in
proposed new section 228U(2)(b) of the
Transport Act 1983, after "officer" (where
secondly occurring) insert "appointed".
20
(4) In section 125 of the Rail Safety Act 2006, in
proposed new section 228W of the Transport Act
1983, for "this Division" (wherever occurring)
substitute "a relevant transport safety law".
(5) In section 125 of the Rail Safety Act 2006, in
25
proposed new section 228X(1) of the Transport
Act 1983, for "this Division" substitute "a
relevant transport safety law".
48. Self-incrimination
In section 125 of the Rail Safety Act 2006, in
30
proposed new section 228ZZP of the Transport
Act 1983--
(a) in proposed new sub-section (1), after "may"
insert "result in information being provided
that";
35
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(b) in proposed new sub-section (1)(a) omit
"result in information being provided that";
(c) in proposed new sub-section (1)(b), before
"make" insert "may";
(d) in proposed new sub-section (2), after
5
"under" insert "a direction given under".
49. Review decisions
(1) In section 125 of the Rail Safety Act 2006, for the
heading to proposed new section 228ZZR of the
Transport Act 1983 substitute--
10
"Review by the Safety Director".
(2) In section 125 of the Rail Safety Act 2006, for
proposed new section 228ZZR(1) of the
Transport Act 1983 substitute--
"(1) An eligible person--
15
(a) in relation to a reviewable decision
made by the Safety Director may,
within 28 days after the decision was
made, apply to the Safety Director for a
review of the decision;
20
(b) in relation to a reviewable decision,
other than a decision made by the
Safety Director, may apply to the
Safety Director for review of the
decision within--
25
(i) 28 days after the day on which the
decision first came to the eligible
person's notice; or
(ii) such longer period as the Safety
Director allows.".
30
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50. New definition inserted
In section 127 of the Rail Safety Act 2006, in
proposed new section 230G of the Transport Act
1983 insert the following proposed new
definition--
5
' "improvement or prohibition notice
contravention provision" means section
228ZE(1) or 228ZK(1);'.
51. Offences by bodies corporate, officers of bodies
corporate, partnerships etc.
10
In section 127 of the Rail Safety Act 2006, in
proposed new section 230J(1) of the Transport
Act 1983 after "relevant rail protection law"
insert "or an improvement or prohibition notice
contravention provision".
15
52. New Division 4 of Part 11 substituted
For Division 4 of Part 11 of the Rail Safety Act
2006 substitute--
'Division 4--Savings and Transitional
Provisions
20
163. Definitions
In this Division--
"accredited commercial rail operator"
means a person (other than an
accredited tourist and heritage rail
25
operator) who--
(a) under a transitional accreditation
carries out rail infrastructure
operations or rolling stock
operations; or
30
(b) by operation of section 170(4)
holds a post new scheme
accreditation under which the
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person carries out rail
infrastructure operations or rolling
stock operations;
"accredited tourist and heritage rail
operator" means a person who--
5
(a) under a transitional accreditation
carries out rail infrastructure
operations or rolling stock
operations--
(i) that are tourist and heritage
10
rail operations; or
(ii) for the purpose of operating
a tourist and heritage
railway; or
(b) by operation of section 170(4)
15
holds a post new scheme
accreditation under which the
person carries out rail
infrastructure operations or rolling
stock operations--
20
(i) that are tourist and heritage
rail operations; or
(ii) for the purpose of operating
a tourist and heritage
railway;
25
"commencement day" means the day on
which section 119 comes into
operation;
"manage", in relation to rail infrastructure,
has the meaning given to it by
30
section 107 of the Transport Act 1983
(as in force immediately before the
commencement day);
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"old accreditation" means an accreditation
under Division 3 of Part VI of the
Transport Act 1983;
"operate", in relation to rolling stock, has
the meaning given to it by section
5
109(2) of the Transport Act 1983 (as
in force immediately before the
commencement day);
"post new scheme accreditation" means an
accreditation under Part 5 referred to in
10
section 170(4);
"private siding" has the same meaning as in
section 104(1) of the Transport Act
1983 (as in force immediately before
the commencement day);
15
"provide", in relation to rolling stock, has
the meaning given to it by section
109(1) of the Transport Act 1983 (as
in force immediately before the
commencement day);
20
"rail infrastructure" has the same meaning
as in section 104(1) of the Transport
Act 1983 (as in force immediately
before the commencement of section
119);
25
"railway" has the same meaning as in
section 104(1) of the Transport Act
1983 (as in force immediately before
the commencement day);
"rolling stock" has the same meaning as in
30
section 104(1) of the Transport Act
1983 (as in force immediately before
the commencement day);
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"tourist and heritage rail operations"
means rail infrastructure operations or
rolling stock operations carried out by a
person named in an Order under
section 166 that have been declared
5
under that Order to be tourist and
heritage rail operations;
"tourist and heritage railway" means a
railway named in an Order under
section 166 that is declared under that
10
Order to be a tourist and heritage
railway;
"transitional accreditation" has the
meaning given by section 172(1).
164. General transitional provision
15
This Division does not affect or take away
from the Interpretation of Legislation Act
1984.
165. Savings and transitional regulations
The regulations may contain provisions of a
20
savings or transitional nature consequent on
the enactment of this Act and the repeal of
Divisions 2 and 3 of Part VI of the
Transport Act 1983.
166. Declaration Order in relation to tourist
25
and heritage operation and railways
The Minister, by Order published in the
Government Gazette, may, for the purposes
of this Division, declare--
(a) rail infrastructure operations or rolling
30
stock operations carried out by a person
named in the Order to be tourist and
heritage rail operations;
(b) a railway named in the Order to be a
tourist and heritage railway.
35
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167. Orders and approvals relating to alcohol
and other drug controls under the
Transport Act 1983
On the commencement day--
(a) an Order made under section 93(1AA)
5
of the Transport Act 1983, and in
force immediately before the
commencement day, is deemed to be an
Order made under section 4 and may be
amended or revoked accordingly;
10
(b) an approval under section 93(1A) of the
Transport Act 1983, and in force
immediately before the commencement
day, is deemed to be an Order made
under section 8 and may be amended or
15
revoked accordingly;
(c) an Order made under the Transport
Act 1983 for the purposes of the
definition of "corresponding law" as
defined by section 93(1) of that Act,
20
and in force immediately before the
commencement day, is deemed to be an
Order made under section 9 and may be
amended or revoked accordingly.
168. Authorities for the purposes of Part 6
25
On the commencement day--
(a) an authority given under or for the
purposes of section 96(3) of the
Transport Act 1983 by the Chief
Commissioner of Police, and in force
30
immediately before the commencement
day, is deemed to be an authority given
under or for the purposes of section
78(4) by the Chief Commissioner of
Police and may be amended or revoked
35
accordingly;
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(b) an authority given under or for the
purposes of section 96A(5)(b) of the
Transport Act 1983 by the Chief
Commissioner of Police, and in force
immediately before the commencement
5
day, is deemed to be an authority given
under or for the purposes of section
79(5)(b) by the Chief Commissioner of
Police and may be amended or revoked
accordingly;
10
(c) an authority given under or for the
purposes of section 96A(5)(a) of the
Transport Act 1983 by the Secretary,
and in force immediately before the
commencement day, is deemed to be an
15
authority given under or for the
purposes of section 79(5)(a) by the
Safety Director and may be amended or
revoked accordingly.
169. Specified procedures for carrying out
20
assessment of drug impairment
On the commencement day, a procedure for
the carrying out of an assessment of drug
impairment specified by the Secretary under
section 96A(7) of the Transport Act 1983,
25
and in force immediately before the
commencement day, is deemed to be a
procedure for the carrying out of an
assessment of drug impairment specified by
the Safety Director under section 79(7) and
30
may be amended or revoked accordingly.
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170. Existing applications for accreditation
(1) Despite section 119, an application under
section 111 of the Transport Act 1983--
(a) for accreditation as a manager of rail
infrastructure by a person who manages
5
or proposes to manage rail
infrastructure; and
(b) in respect of which the Secretary has
not made a decision under Division 3 of
Part VI of that Act to accredit or refuse
10
to accredit the person as a manager of
rail infrastructure before the
commencement day--
must, on and from the commencement day,
be dealt with and decided by the Safety
15
Director under Division 3 of Part VI of that
Act as if--
(c) Division 3 of Part VI of the Transport
Act 1983 was not repealed by
section 119; and
20
(d) a reference to the Secretary in
Division 3 of Part VI of the Transport
Act 1983 were a reference to the Safety
Director.
(2) Despite section 119, an application under
25
section 111 of the Transport Act 1983--
(a) for accreditation as a provider of rolling
stock by a person who provides, or
proposes to provide, rolling stock; and
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(b) in respect of which the Secretary has
not made a decision under Division 3 of
Part VI of that Act to accredit or refuse
to accredit the person as a provider of
rolling stock before the commencement
5
day--
must, on and from the commencement day,
be dealt with and decided by the Safety
Director under Division 3 of Part VI of that
Act as if--
10
(c) Division 3 of Part VI of the Transport
Act 1983 was not repealed by
section 119; and
(d) a reference to the Secretary in
Division 3 of Part VI of the Transport
15
Act 1983 were a reference to the Safety
Director.
(3) Despite section 119, an application under
section 111 of the Transport Act 1983--
(a) for accreditation as an operator of
20
rolling stock by a person who operates,
or proposes to operate, rolling stock;
and
(b) in respect of which the Secretary has
not made a decision under Division 3 of
25
Part VI of that Act to accredit or refuse
to accredit the person as an operator of
rolling stock before the commencement
day--
must, on and from the commencement day,
30
be dealt with and decided by the Safety
Director under Division 3 of Part VI of that
Act as if--
(c) Division 3 of Part VI of the Transport
Act 1983 was not repealed by
35
section 119; and
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(d) a reference to the Secretary in
Division 3 of Part VI of the Transport
Act 1983 were a reference to the Safety
Director.
(4) If, by force of sub-section (1), (2) or (3), the
5
Safety Director decides to accredit a person
who made an application referred to in those
sub-sections, that person is deemed, on the
accreditation of that person, to hold--
(a) in the case of a person accredited as a
10
manager of rail infrastructure and who
is a rail infrastructure manager, an
accreditation under Part 5 in respect of
the rail infrastructure operations the
person carries out;
15
(b) in the case of a person accredited as a
provider of rolling stock and who is a
rolling stock operator, an accreditation
under Part 5 in respect of the rolling
stock operations the person carries out;
20
(c) in the case of a person accredited as an
operator of rolling stock and who is a
rolling stock operator, an accreditation
under Part 5 in respect of the rolling
stock operations the person carries out.
25
171. Review of decisions in relation to
applications of accreditation transitioned
under this Division
Despite section 119, section 129B of the
Transport Act 1983 applies to an
30
application referred to in section 170 as if--
(a) section 129B of that Act were not
repealed; and
(b) a reference to the Secretary in
section 129B of that Act were a
35
reference to the Safety Director.
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172. Existing accreditations deemed to be
accreditations under this Act
(1) A person who, immediately before the
commencement day, held an old
accreditation is, on the commencement day,
5
deemed to hold an accreditation under Part 5
("transitional accreditation") as an
accredited rail operator--
(a) if the person is a rail infrastructure
manager, in respect of the rail
10
infrastructure operations the operator
carries out;
(b) if the person is a rolling stock operator,
in respect of the rolling stock
operations the operator carries out.
15
(2) Subject to this Division, the transitional
accreditation is deemed to be subject to the
conditions and restrictions--
(a) to which the old accreditation was
subject immediately before the
20
commencement day; and
(b) that are not inconsistent with this Act.
(3) However, the conditions set out in section
117(4) and (4A) of the Transport Act 1983
and any condition specified in the
25
regulations made under that Act applying to
an old accreditation do not continue to apply
to the transitional accreditation.
(4) To avoid doubt, the conditions set out in
section 46(4) and (5), and any condition
30
specified in the regulations, apply to the
transitional accreditation.
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173. Expiry of transitional accreditations and
post new scheme accreditations
Despite anything to the contrary in Part 5, on
the making of an Order under section 166, a
transitional accreditation or post new scheme
5
accreditation--
(a) held by an accredited commercial
operator expires on the second
anniversary of the commencement day;
(b) held by an accredited tourist and
10
heritage rail operator expires on the
third anniversary of the commencement
day.
174. Conditions and restrictions of transitional
accreditations may be varied in
15
accordance with Division 4 of Part 5
To avoid doubt, the conditions or restrictions
to which a transitional accreditation is
subject may be varied or revoked by the
Safety Director under sections 53 and 55 as
20
if those conditions or restrictions had been
imposed by the Safety Director under
section 46.
175. Transitional accreditations may be
surrendered
25
To avoid doubt, a transitional accreditation
may be surrendered to the Safety Director in
accordance with section 56 as if that
accreditation were an accreditation under
Part 5.
30
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176. Existing application for changes of
conditions or restrictions of accreditation
(1) An application under section 119 of the
Transport Act 1983--
(a) for a variation of (as the case requires)
5
a restriction or condition of an old
accreditation; and
(b) in respect of which the Secretary has
not, before the commencement day,
made a decision under that section
10
whether to vary the restriction or
condition the subject of the
application--
is deemed, on and from the commencement
day, to be an application under section 53 for
15
a variation of (as the case requires) a
restriction or condition of an accreditation.
(2) An application under section 119 of the
Transport Act 1983--
(a) for the revocation of (as the case
20
requires) a restriction or condition of an
old accreditation; and
(b) in respect of which the Secretary has
not, before the commencement day,
made a decision under that section
25
whether to revoke the restriction or
condition the subject of the
application--
is deemed, on and from the commencement
day, to be an application under section 53 for
30
a revocation of (as the case requires) a
restriction or condition of an accreditation.
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(3) This Act applies to an application referred to
in sub-section (1) or (2).
177. Change of conditions or restrictions on
accreditation on initiative of Secretary
(1) A variation or revocation of (as the case
5
requires) a restriction or condition of an old
accreditation proposed by the Secretary
under section 119 of the Transport Act
1983, and in respect of which the Secretary
has not varied or revoked (as the case
10
requires) the restriction or condition of the
old accreditation, is deemed, on and from the
commencement day, to be a proposal by the
Safety Director, under section 55, to vary or
revoke (as the case requires) a restriction or
15
condition of an accreditation.
(2) This Act applies to an application referred to
in sub-section (1).
178. Compliance with certain provisions not
required while accreditations under
20
Division are in force
Despite anything to the contrary in this Act,
a rail operator who holds a transitional
accreditation or post new scheme
accreditation is not required to comply with
25
any of the following while the transitional
accreditation or post new scheme
accreditation is in force--
(a) Division 4 of Part 3;
(b) section 54.
30
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179. Accreditations transitioned under
Division not Part 5 accreditations for
purposes of section 65
Despite anything to the contrary in this Act,
a transitional accreditation or post new
5
scheme accreditation is not be taken to be an
accreditation for the purposes of section 65.
180. Private sidings
(1) A person who, immediately before the
commencement day, was registered under
10
regulation 12 of the Transport (Rail Safety)
Regulations 1998 to manage a private siding
is, on the commencement day, deemed to
have been granted an exemption under
section 63.
15
(2) An exemption referred to in sub-section (1)
is subject to the same conditions that--
(a) applied to the registration under
regulation 12 of the Transport (Rail
Safety) Regulations 1998 immediately
20
before the commencement day; and
(b) are not inconsistent with this Act.
(3) However, despite anything to the contrary in
section 63 or 64, an exemption referred to in
sub-section (1), expires on the second
25
anniversary of the commencement day.
181. References to Secretary in transitional
accreditations to be read as references to
Safety Director
On and from the commencement day, every
30
reference in a transitional accreditation to the
Secretary is to be read as the Safety Director
unless the context otherwise requires.
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182. Codes of Practice
On the commencement day, a code of
practice approved by the Minister under
section 129WA of the Transport Act 1983,
and in force immediately before the
5
commencement day, is deemed to be an
approved code of practice and may be
amended or revoked accordingly.'.
53. Statute law revision
(1) In section 116 of the Rail Safety Act 2006, in
10
proposed new section 9AC(3)(b) of the
Transport Act 1983, after "Director" insert "to".
(2) In section 125 of the Rail Safety Act 2006, in
proposed new section 228S(1) of the Transport
Act 1983, in the proposed new definition of
15
"relevant person", in proposed new paragraph (i),
after "may" insert "be".
Division 2--Infringement Related Amendments to
Transport Act 1983
54. Definitions
20
In section 208 of the Transport Act 1983--
(a) insert the following definition--
' "rail safety worker" has the same
meaning as in the Rail Safety Act
2006;';
25
(b) in the definition of "safety work
infringement", in paragraph (a), for "worker"
substitute "rail safety worker";
(c) the definition of "worker" is repealed.
55. Repeal of redundant provision
30
Section 215A of the Transport Act 1983 is
repealed.
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56. Safety work infringements
(1) In section 215B(1) of the Transport Act 1983,
for "worker" (where twice occurring) substitute
"rail safety worker".
(2) In section 215B(8) of the Transport Act 1983,
5
for "Division 2 of Part VI" substitute "Part 6 of
the Rail Safety Act 2006".
57. Effect of safety work infringement
(1) In section 215C(1), (2) and (4)(b) of the
Transport Act 1983, for "worker" substitute
10
"rail safety worker".
(2) In section 215C(3) of the Transport Act 1983,
for "worker" (wherever occurring) substitute
"rail safety worker".
58. Extension of time to object if no actual notice
15
(1) In section 215D(1) of the Transport Act 1983,
for "worker" (wherever occurring) substitute
"rail safety worker".
(2) In section 215D(2) and (3)(d) of the Transport
Act 1983, for "worker" substitute "rail safety
20
worker".
59. Proof of prior convictions
(1) In section 215F(1) of the Transport Act 1983,
for "worker" substitute "rail safety worker".
(2) In section 215F(3) of the Transport Act 1983,
25
for "worker" (wherever occurring) substitute
"rail safety worker".
60. Graffiti clean-up programs
In section 223E(5)(a) of the Transport Act 1983,
for "worker" substitute "rail safety worker".
30
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Division 3--Rail Safety Related Transitional Amendment to
Transport Act 1983
61. New section 246CAA inserted
After section 246C of the Transport Act 1983
insert--
5
'246CAA. Rail Safety Act 2006--Authorised officers
for drug and alcohol testing
(1) A person who, immediately before the
relevant date, was an authorised officer
appointed by the Secretary under section
10
100A is, on the relevant date, deemed to be
appointed under section 228T--
(a) as a transport safety officer; and
(b) subject to the same restrictions that
applied to his or her appointment under
15
section 100A.
(2) Despite section 228U, the Safety Director is
not required to issue a person referred to in
sub-section (1) an identity card.
(3) However, section 228W applies to a person
20
referred to in sub-section (1) as if a reference
in that section to an identity card were a
reference to the certificate issued to the
person by the Secretary under section
100A(4).
25
(4) In this section--
"relevant date" means the day on which
section 125 of the Rail Safety Act
2006 comes into operation.'.
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SCHEDULES
SCHEDULE 1
CONSEQUENTIAL AMENDMENT OF TRANSPORT ACT 1983
PART 1
5 Section 31(1)
1. Definitions
(1) In section 2(1) of the Transport Act 1983, in the definition
of "licensing authority", for "Secretary" substitute
"Director".
10 (2) In section 86(1) of the Transport Act 1983, in the
definition of "public commercial passenger vehicle"--
(a) in paragraph (a), for "Secretary" substitute
"Director";
(b) in paragraph (b), for "Secretary" substitute
15 "Director".
2. Determinations of policy
In section 89(2)(c) of the Transport Act 1983, for
"Secretary" substitute "Director".
3. Public commercial passenger vehicles
20 In section 141(5) of the Transport Act 1983, for
"Secretary" substitute "Director".
4. Transfers of licences
In section 149(3A) of the Transport Act 1983, for
"Secretary" (wherever occurring) substitute "Director".
25 5. Assignments
In section 150(2A) of the Transport Act 1983, for
"Secretary" (wherever occurring) substitute "Director".
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6. Offences relating to security cameras and privacy of
passengers
In section 158B of the Transport Act 1983--
(a) in sub-section (1)(b)(i), for "Secretary" substitute
5 "Director";
(b) in sub-section (2)(c), for "Secretary" substitute
"Director";
(c) in sub-section (3)--
(i) for "Secretary's" substitute "Director's";
10 (ii) in paragraph (a), for "Secretary" substitute
"Director".
7. Agreements in relation to images obtained from security
cameras
In section 158C of the Transport Act 1983--
15 (a) in sub-section (1), for "Secretary" substitute
"Director";
(b) in sub-section (3), for "Secretary" substitute
"Director";
(c) in sub-section (4), for "Secretary" (wherever
20 occurring) substitute "Director".
8. Regulations
In section 162(1) of the Transport Act 1983--
(a) in paragraph (mc), for "Secretary" (wherever
occurring) substitute "Director";
25 (b) in paragraph (md), for "Secretary" (wherever
occurring) substitute "Director";
(c) in paragraph (me), for "Secretary" substitute
"Director".
9. Eligibility of person who has committed serious traffic offences
30 to hold authority
In section 182D(4)(b) of the Transport Act 1983, for
"Secretary" substitute "Director".
10. Definition
In section 208 of the Transport Act 1983, in the definition
35 of "authorised officer", for "Secretary" substitute
"Director".
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11. Transport and ticket infringements
In section 212(1A)(b) of the Transport Act 1983, for
"Secretary" substitute "Director".
12. Inspection of motor vehicles
5 In section 216(1) of the Transport Act 1983, for
"Secretary" substitute "Director".
13. Powers of officers authorized by Roads Corporation
In section 217 of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" substitute
10 "Director";
(b) in sub-section (3), for "Secretary" (wherever
occurring) substitute "Director".
14. Making false reports
In section 220AA(d) of the Transport Act 1983, for
15 "Secretary" substitute "Director".
15. Information not to be disclosed
In section 221 of the Transport Act 1983--
(a) in sub-section (1A) omit "the Secretary or";
(b) in sub-section (1B) omit "the Secretary or";
20 (c) in sub-section (7), after "Secretary" (wherever
occurring) insert ", the Director";
(d) in sub-section (9)(a), for "Secretary" substitute
"Director".
16. Application for authorisation
25 In section 221B of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" substitute
"Director";
(b) in sub-section (2)(a), for "Secretary" substitute
"Director";
30 (c) in sub-section (3), for "Secretary" (wherever
occurring) substitute "Director".
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17. Qualification requirements
In section 221C of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" (wherever
occurring) substitute "Director";
5 (b) in sub-section (2), for "Secretary" (wherever
occurring) substitute "Director".
18. Time limits on section 221AB authorisations
In section 221CA of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" substitute
10 "Director";
(b) in sub-section (2), for "Secretary" substitute
"Director".
19. Scope of authorisation may be limited
In section 221CB of the Transport Act 1983--
15 (a) in sub-section (1), omit "Secretary or the";
(b) in sub-section (2), omit "Secretary or".
20. Conditions of authorisation
In section 221D of the Transport Act 1983--
(a) in sub-section (1)(b), for "Secretary" substitute
20 "Director";
(b) in sub-section (2), for "Secretary" substitute
"Director".
21. Change of conditions
In section 221E of the Transport Act 1983--
25 (a) in sub-section (1), for "Secretary" substitute
"Director";
(b) in sub-section (2), for "Secretary" substitute
"Director".
22. Application for renewal of authorisation
30 In section 221G of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" substitute
"Director";
(b) in sub-section (2)(a), for "Secretary" substitute
"Director";
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(c) in sub-section (4), for "Secretary" substitute
"Director";
(d) in sub-section (4A), for "Secretary" substitute
"Director";
5 (e) in sub-section (5), for "Secretary" substitute
"Director".
23. Renewal of authorisation
In section 221H of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" substitute
10 "Director";
(b) in sub-section (2), for "Secretary" substitute
"Director";
(c) in sub-section (3), for "Secretary" substitute
"Director";
15 (d) in sub-section (4), for "Secretary" substitute
"Director";
(e) in sub-section (5), for "Secretary" (wherever
occurring) substitute "Director".
24. Issue of identity cards
20 In section 221I of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" substitute
"Director";
(b) in sub-section (1A), for "Secretary" substitute
"Director";
25 (c) in sub-section (2)(c), for "Secretary" substitute
"Director".
25. Inquiry into conduct of authorised officer
In section 221J of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" substitute
30 "Director";
(b) in sub-section (2), for "Secretary" (wherever
occurring) substitute "Director";
(c) in sub-section (3), for "Secretary" (wherever
occurring) substitute "Director".
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26. Revocation of authorisation
In section 221L of the Transport Act 1983, for "Secretary"
(wherever occurring) substitute "Director".
27. Tribunal reviews
5 In section 221M(1) of the Transport Act 1983, for
"Secretary" substitute "Director".
28. Return of identity cards
In section 221O of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" (wherever
10 occurring) substitute "Director";
(b) in sub-section (2), for "Secretary" substitute
"Director".
29. Lost, stolen or destroyed identity cards to be reported
In section 221P of the Transport Act 1983, for "Secretary"
15 substitute "Director".
30. Replacement of identity cards
In section 221Q of the Transport Act 1983, for "Secretary"
(wherever occurring) substitute "Director".
31. Application by proposed employee
20 In section 221S of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" (wherever
occurring) substitute "Director";
(b) in sub-section (2)(a), for "Secretary" substitute
"Director";
25 (c) in sub-section (3), for "Secretary" (wherever
occurring) substitute "Director".
32. Offence to smoke in carriage etc. in certain circumstances
In section 222(2) of the Transport Act 1983 omit "contract
to the Secretary or under".
30 33. Smoking offences
In section 222A(4) of the Transport Act 1983, in the
definition of "carriage", for "Secretary" substitute
"Director".
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34. Definition
In section 223A(3) of the Transport Act 1983, for
"Secretary" (where secondly occurring) substitute
"Director".
5 35. Conditions of accreditation
In section 228D of the Transport Act 1983--
(a) in sub-section (1)(b), for "other condition imposed by
the Secretary" substitute "condition imposed by the
Director";
10 (b) in sub-section (2), for "Secretary" substitute
"Director".
36. Change of conditions etc.
In section 228E of the Transport Act 1983--
(a) in sub-section (1)--
15 (i) for "Secretary" substitute "Director";
(ii) after "an accreditation" insert "referred to in
section 228D(1)(b)";
(b) in sub-section (2), for "Secretary" substitute
"Director";
20 (c) in sub-section (3), for "Secretary" (wherever
occurring) substitute "Director";
(d) in sub-section (4), for "Secretary" substitute
"Director".
37. Duration of accreditation
25 In section 228F of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" substitute
"Director";
(b) in sub-section (1A), for "Secretary" substitute
"Director";
30 (c) in sub-section (2), for "Secretary" substitute
"Director".
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38. Requirement to notify Director about charges, etc.
(1) Insert the following heading to section 228G of the
Transport Act 1983--
"Requirement to notify Director about charges, etc.".
5 (2) In section 228G of the Transport Act 1983, for "Secretary"
(wherever occurring) substitute "Director".
39. Nature of accreditation
In section 228K(3) of the Transport Act 1983, for
"Secretary" substitute "Director".
10 40. Procedure and powers
In section 228O of the Transport Act 1983--
(a) in sub-section (1), for "Secretary" substitute
"Director";
(b) in sub-section (2), for "Secretary" (wherever
15 occurring) substitute "Director";
(c) in sub-section (3), for "Secretary" substitute
"Director".
41. Immediate power of suspension
In section 228P of the Transport Act 1983--
20 (a) in sub-section (1), for "Secretary" (wherever
occurring) substitute "Director";
(b) in sub-section (2), for "Secretary" substitute
"Director";
(c) in sub-section (3), for "Secretary" (wherever
25 occurring) substitute "Director";
(d) in sub-section (4), for "Secretary" substitute
"Director";
(e) in sub-section (6), for "Secretary" substitute
"Director".
30 42. Tribunal reviews
In section 228R(1) of the Transport Act 1983, for
"Secretary" substitute "Director".
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43. Prosecutions
In section 229 of the Transport Act 1983--
(a) in sub-section (1), after "Secretary" insert
", the Director";
5 (b) in sub-section (1AA), for "Secretary" substitute
"Director";
(c) in sub-section (1A)(b), for "Secretary" substitute
"Director";
(d) in sub-section (1B)(a), after "Secretary" insert
10 ", the Director".
44. Evidentiary provisions
In section 230(4) of the Transport Act 1983, after
"Secretary" (wherever occurring) insert ", the Director".
PART 2
15 Section 31(2)
45. Victorian Taxi Directorate
Division 4 of Part VI of the Transport Act 1983 is
repealed.
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SCHEDULE 2
Section 36
CONSEQUENTIAL AMENDMENT OF PUBLIC TRANSPORT
COMPETITION ACT 1995
5 1. Definition
In section 3(1) of the Public Transport Competition Act
1995 in the definition of "working day"--
(a) for "Secretary" substitute "Director";
(b) for "Department of Infrastructure" substitute
10 "Director".
2. Purpose of accreditation
In section 6(c) of the Public Transport Competition Act
1995, for "Secretary" substitute "Director".
3. Nature of service contracts
15 In section 27 of the Public Transport Competition Act
1995--
(a) in sub-section (3)(f), omit "Secretary or the";
(b) in sub-section (5), omit "Secretary or the".
4. Regions or routes of operation
20 In section 28(3) of the Public Transport Competition Act
1995, omit "Secretary or the".
5. New services
In section 29 of the Public Transport Competition Act
1995--
25 (a) in sub-section (1), omit "Secretary or the" (wherever
occurring);
(b) in sub-section (2), omit "Secretary or the".
6. Variation, suspension or cancellation of service contracts
In section 30 of the Public Transport Competition Act
30 1995--
(a) in sub-section (1), omit "Secretary or the" (wherever
occurring);
(b) in sub-section (2), omit "Secretary or the";
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(c) in sub-section (4), omit "Secretary or the" (wherever
occurring).
7. Fees
In section 34 of the Public Transport Competition Act
5 1995--
(a) in sub-section (1), for "Secretary" substitute
"Director";
(b) in sub-section (2), for "Secretary" (wherever
occurring) substitute "Director";
10 (c) in sub-section (3), for "Secretary" substitute
"Director";
(d) in sub-section (5), for "Secretary" substitute
"Director";
(e) in sub-section (6), for "Secretary" substitute
15 "Director".
8. Delegation
Section 35(1) of the Public Transport Competition Act
1995 is repealed.
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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