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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Transport Legislation General Amendments Bill
2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO TRANSPORT ACT 1983 3
3 Transfers of licences 3
4 Regulations relating to taxi-cab equipment 3
5 Renewal and cancellation of authorisation 3
PART 3--AMENDMENTS TO RAIL CORPORATIONS
ACT 1996 5
Division 1--Abolition of the Southern Cross Station Authority 5
6 Repeal of Division 2F of Part 2 of the Rail Corporations
Act 1996 5
7 Consequential amendments 5
8 New Part 8 inserted 6
PART 8--SOUTHERN CROSS STATION AUTHORITY 6
119 Definitions 6
120 Southern Cross Station Authority abolished 6
121 List of staff to be transferred 9
122 Transferred employees 9
123 Interests in land 11
124 Taxes 12
Division 2--Other amendments 12
9 Pricing Principles Order 12
10 Amendment of section 68--Civil penalty provisions 13
561316B.I-3/12/2008 i BILL LA INTRODUCTION 3/12/2008
Clause Page
PART 4--AMENDMENTS TO RAIL SAFETY ACT 2006 15
11 New section 33A inserted 15
33A Safety Director may give directions in relation to
safe arrangements for the conducting of works on
rail land 15
PART 5--AMENDMENTS TO CHILDREN, YOUTH AND
FAMILIES ACT 2005 19
12 CAYPINS 19
PART 6--AMENDMENT TO BORROWING AND INVESTMENT
POWERS ACT 1987 20
13 Borrowing and Investment Powers Act 1987 20
PART 7--REPEAL OF AMENDING ACT 21
14 Repeal of amending Act 21
ENDNOTES 22
561316B.I-3/12/2008 ii BILL LA INTRODUCTION 3/12/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Transport Legislation General
Amendments Bill 2008
A Bill for an Act to amend the Transport Act 1983, the Rail
Corporations Act 1996, the Rail Safety Act 2006, the Children,
Youth and Families Act 2005 and the Borrowing and Investment
Powers Act 1987 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Transport Act 1983 in relation
5 to authorisations, transfers of licences and
the regulations relating to taxi-cab
equipment;
561316B.I-3/12/2008 1 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 1--Preliminary
s. 2
(b) to amend the Rail Corporations Act 1996
in relation to--
(i) the abolition of the Southern Cross
Station Authority; and
5 (ii) the Pricing Principles Order; and
(iii) civil penalty provisions;
(c) to amend the Rail Safety Act 2006 in
relation to safe arrangements for the conduct
of works on rail land;
10 (d) to amend the Children, Youth and Families
Act 2005 in relation to CAYPINS;
(e) to make a consequential amendment to the
Borrowing and Investment Powers Act
1987.
15 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision referred to in subsection (1) does
not come into operation before 1 January 2010, it
20 comes into operation on that day.
__________________
561316B.I-3/12/2008 2 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 2--Amendments to Transport Act 1983
s. 3
PART 2--AMENDMENTS TO TRANSPORT ACT 1983
3 Transfers of licences
For section 149(2) of the Transport Act 1983
substitute--
5 "(2) The licensing authority must not authorise
the transfer of--
(a) a commercial passenger vehicle licence
in respect of a vehicle which operates
as a public commercial passenger
10 vehicle unless the licensing authority is
satisfied that the transfer is in the
general interests of the public; or
(b) a taxi-cab licence that is suspended by
force of section 156A(2) or (6) unless
15 the licensing authority agrees to lift that
suspension.".
4 Regulations relating to taxi-cab equipment
In section 162(1)(bc) of the Transport Act 1983,
for "permitted by or under the regulations"
20 substitute "required or permitted by or under this
Act or the regulations".
5 Renewal and cancellation of authorisation
(1) After section 221H(1) of the Transport Act 1983
insert--
25 "(1A) The Director must not renew an
authorisation of a person unless the Director
is satisfied that the person meets the
requirements of section 221C(1)(a) and (b).".
561316B.I-3/12/2008 3 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 2--Amendments to Transport Act 1983
s. 5
(2) After section 221L(a) of the Transport Act 1983
insert--
"(ab) the person is not competent to exercise the
functions conferred on the person as an
5 authorised officer by this Part; or
(ac) the person is not of good repute, having
regard to character, honesty and integrity;
or".
__________________
561316B.I-3/12/2008 4 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 3--Amendments to Rail Corporations Act 1996
s. 6
PART 3--AMENDMENTS TO RAIL CORPORATIONS
ACT 1996
Division 1--Abolition of the Southern Cross Station
Authority
5 6 Repeal of Division 2F of Part 2 of the Rail See:
Act No.
Corporations Act 1996 79/1996.
Reprint No. 4
Division 2F of Part 2 of the Rail Corporations as at
30 October
Act 1996 is repealed. 2006
and
amending
Act Nos
69/2007 and
15/2008.
LawToday:
www.
legislation.
vic.gov.au
7 Consequential amendments
10 (1) In section 3(1) of the Rail Corporations Act
1996, the definitions of precinct and public
statutory body are repealed.
(2) In section 3(1) of the Rail Corporations Act
1996, in the definition of rail corporation for
15 ", V/Line Passenger Corporation or Southern
Cross Station Authority" substitute "or V/Line
Passenger Corporation".
(3) In sections 3(2)(a) and 3(3)(a) of the Rail
Corporations Act 1996 omit "or the Southern
20 Cross Station Authority".
(4) Section 3A of the Rail Corporations Act 1996 is
repealed.
(5) Sections 61(3)(ea) and 62(4)(ea) of the Rail
Corporations Act 1996 are repealed.
561316B.I-3/12/2008 5 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 3--Amendments to Rail Corporations Act 1996
s. 8
(6) In sections 69(4)(b) and 70(3)(b) of the Rail
Corporations Act 1996 omit ", Southern Cross
Station Authority" (where twice occurring).
(7) Schedule 2 to the Rail Corporations Act 1996 is
5 repealed.
8 New Part 8 inserted
After Part 7 of the Rail Corporations Act 1996
insert--
"__________________
10 PART 8--SOUTHERN CROSS STATION
AUTHORITY
119 Definitions
In this Division--
appointed day means the day on which
15 section 6 of the Transport Legislation
General Amendments Act 2008
comes into operation;
Southern Cross Station Authority means
the Authority established under
20 section 18ZG;
transferred employee means an officer or
employee listed under section 121.
120 Southern Cross Station Authority
abolished
25 (1) On the appointed day--
(a) the Southern Cross Station Authority is
abolished and the directors and the
chief executive officer cease to hold
their offices under this Act;
561316B.I-3/12/2008 6 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 3--Amendments to Rail Corporations Act 1996
s. 8
(b) all rights, property and assets that,
immediately before the appointed day
were vested in the Southern Cross
Station Authority, vest in the Secretary,
5 on behalf of the Crown;
(c) all debts, liabilities and obligations of
the Southern Cross Station Authority
existing immediately before the
appointed day, become debts, liabilities
10 and obligations of the Secretary, on
behalf of the Crown;
(d) the Secretary, on behalf of the Crown,
is substituted as a party to any
proceedings pending in any court or
15 tribunal to which the Southern Cross
Station Authority was a party
immediately before the appointed day;
(e) the Secretary, on behalf of the Crown,
is substituted as a party to any
20 arrangement or contract entered into by
or on behalf of the Southern Cross
Station Authority and in force
immediately before the appointed day;
(f) any reference to the Southern Cross
25 Station Authority in any Act or in any
proclamation, Order in Council, rule,
regulation, order, agreement,
instrument, deed or other document, so
far as it relates to any period after the
30 appointed day, and if not inconsistent
with the context or subject-matter, must
be construed as a reference to the
Secretary, on behalf of the Crown.
561316B.I-3/12/2008 7 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 3--Amendments to Rail Corporations Act 1996
s. 8
(2) Nothing effected under subsection (1) or
done or suffered under subsection (1)--
(a) is to be regarded as placing any person
in breach of contract or confidence or
5 as otherwise making any person guilty
of a civil wrong;
(b) is to be regarded as placing any person
in breach of, or as constituting a
default under any Act (other than the
10 Charter of Human Rights and
Responsibilities) or other law or
obligation or any provision in any
agreement or understanding, including,
but not limited to, any provision or
15 obligation prohibiting or restricting or
regulating the assignment, transfer, sale
or disposal of any property or the
disclosure of any information;
(c) is to be regarded as fulfilling any
20 condition that allows a person to
exercise a power, right or remedy in
respect of or to terminate any
agreement or obligation;
(d) is to be regarded as giving rise to any
25 remedy for a party to a contract or an
instrument or as causing or permitting
the termination of any contract or
instrument because of a change in the
beneficial or legal ownership of any
30 asset, right or liability;
(e) is to be regarded as causing any
contract or instrument to be void or
otherwise unenforceable;
(f) is to be regarded as frustrating any
35 contract;
561316B.I-3/12/2008 8 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 3--Amendments to Rail Corporations Act 1996
s. 8
(g) releases any surety or other obligor
wholly or in part from any obligation.
121 List of staff to be transferred
The Secretary must list in writing the officers
5 and employees of the Southern Cross Station
Authority employed by the Southern Cross
Station Authority immediately before the
appointed day who are to be employed under
Part 3 of the Public Administration Act
10 2004.
122 Transferred employees
(1) A transferred employee is to be regarded
as--
(a) having been employed under Part 3 of
15 the Public Administration Act 2004,
with effect from the appointed day;
(b) having been so employed on the same
terms and conditions as those that
applied to the person immediately
20 before the appointed day as an officer
or employee of the Southern Cross
Station Authority;
(c) having accrued an entitlement to
benefits in connection with that
25 employment under Part 3 of the Public
Administration Act 2004 that is
equivalent to the entitlement that the
person had accrued, as an officer or
employee of the Southern Cross Station
30 Authority, immediately before the
appointed day.
561316B.I-3/12/2008 9 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 3--Amendments to Rail Corporations Act 1996
s. 8
(2) The service of a transferred employee as an
employee under Part 3 of the Public
Administration Act 2004 is to be regarded
for all purposes as having been continuous
5 with the service of the transferred employee,
immediately before the appointed day, as an
officer or employee of the Southern Cross
Station Authority.
(3) A transferred employee is not entitled to
10 receive any payment or other benefit by
reason only of having ceased to be an officer
or employee of the Southern Cross Station
Authority because of the operation of this
Division.
15 (4) A certificate purporting to be signed by the
Secretary certifying that a person named in
the certificate was, with effect from the
appointed day, employed, by virtue of this
section, under Part 3 of the Public
20 Administration Act 2004, is admissible in
evidence in any proceedings and is
conclusive proof of the matters stated in it.
(5) The superannuation entitlements of any
person who is a transferred employee are to
25 be taken not to be affected by that person
becoming a transferred employee.
(6) Nothing in this section prevents--
(a) any of the terms and conditions of
employment of a transferred employee
30 from being altered by or under any law,
award or agreement with effect from
any time after the appointed day; or
561316B.I-3/12/2008 10 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 3--Amendments to Rail Corporations Act 1996
s. 8
(b) a transferred employee from resigning
or being dismissed at any time after the
appointed day in accordance with the
then existing terms and conditions of
5 his or her employment under Part 3 of
the Public Administration Act 2004.
123 Interests in land
(1) Without prejudice to the generality of this
Division and despite anything to the contrary
10 in any other Act or law if, immediately
before the appointed day, the Southern Cross
Station Authority is, in relation to former
Southern Cross Station Authority property,
the registered proprietor of an interest in land
15 under the Transfer of Land Act 1958, then
on and after the appointed day--
(a) the Secretary is to be taken to be the
registered proprietor of that interest in
land; and
20 (b) the Secretary has the same rights and
remedies in respect of that interest as
the Southern Cross Station Authority
had.
(2) The Registrar of Titles, on being requested to
25 do so and on delivery of any relevant
certificate of title or instrument and
certificate of the Southern Cross Station
Authority as the transferor of former
Southern Cross Station Authority property,
30 must make any amendments in the Register
that are necessary because of the operation of
this Division.
561316B.I-3/12/2008 11 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 3--Amendments to Rail Corporations Act 1996
s. 9
124 Taxes
No duty or other tax is chargeable under any
Act in respect of anything done under this
Part or in respect of any act or transaction
5 connected with or necessary to be done by
reason of this Part, including a transaction
entered into or an instrument made,
executed, lodged or given, for the purpose
of, or connected with the transfer of
10 property, rights or liabilities of the Southern
Cross Station Authority.".
Division 2--Other amendments
9 Pricing Principles Order
In section 38J(5) of the Rail Corporations Act
15 1996--
(a) the definitions of PIL rail infrastructure,
Primary Infrastructure Lease, relevant rail
infrastructure agreement and relevant rail
infrastructure are repealed;
20 (b) insert the following definitions--
'Regional Infrastructure Lease means the
agreement entitled the "Regional
Infrastructure Lease", entered into
between the Director and V/Line
25 Passenger Pty Ltd (ACN 087 425 269)
on or about 4 May 2007 as varied from
time to time;
relevant rail infrastructure means--
(a) RIL rail infrastructure; or
30 (b) rail infrastructure that is the
subject of a relevant rail
infrastructure agreement (other
than the Regional Infrastructure
Lease);
561316B.I-3/12/2008 12 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 3--Amendments to Rail Corporations Act 1996
s. 10
relevant rail infrastructure agreement
means--
(a) the Regional Infrastructure Lease;
or
5 (b) any agreement declared by the
Governor in Council under
section 38K;
RIL rail infrastructure means rail
infrastructure that is "Railway
10 Infrastructure" as defined in the
Regional Infrastructure Lease.';
(c) in the definition of relevant user for
"infrastructure." substitute "infrastructure;".
10 Amendment of section 68--Civil penalty provisions
15 (1) For section 68(1) of the Rail Corporations Act
1996 substitute--
"(1) In this section--
agreement, lease or licence means--
(a) an agreement, lease or licence
20 relating to, or connected with, a
passenger service or public
transport service entered into by
the Secretary or the Director
acting on behalf of the Crown and
25 a person to whom this section
applies;
(b) an agreement, lease or licence
entered into by the Secretary, a
statutory body, the Director or any
30 other person acting on behalf of
the Crown and a person to whom
this section applies under which--
561316B.I-3/12/2008 13 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 3--Amendments to Rail Corporations Act 1996
s. 10
(i) works are to be carried out
which the Secretary,
statutory body, Director or
other person acting on behalf
5 of the Crown considers on
reasonable grounds may
affect public transport
operations or public transport
infrastructure; or
10 (ii) a person is authorised to
occupy land necessary for, or
otherwise associated with,
public transport operations or
public transport
15 infrastructure;
civil penalty provision means a provision in
an agreement, lease or licence which is
expressed to be a civil penalty
provision for the purposes of this Act.".
20 (2) In section 68(3)(c) of the Rail Corporations Act
1996 after "(4)" insert "or (5)".
(3) After section 68(4) of the Rail Corporations Act
1996 insert--
"(5) Without derogating from subsection (4), the
25 Governor in Council, by Order published in
the Government Gazette, may declare that
this section applies, on and from a date
specified in the Order and subject to any
terms and conditions specified in the Order,
30 to a person specified in the Order in respect
of the agreement, lease or licence specified
in the Order.".
__________________
561316B.I-3/12/2008 14 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 4--Amendments to Rail Safety Act 2006
s. 11
PART 4--AMENDMENTS TO RAIL SAFETY ACT 2006
11 New section 33A inserted
After section 33 of the Rail Safety Act 2006 See:
Act No.
insert-- 9/2006.
Reprint No. 1
5 "33A Safety Director may give directions in as at
21 August
relation to safe arrangements for the 2008
conducting of works on rail land and
amending
(1) In this section-- Act No.
69/2007.
access means a right to access any rail land LawToday:
www.
10 for the purpose of conducting road legislation.
works or ancillary rail works; vic.gov.au
rail land includes--
(a) any land specified in
paragraphs (a) and (b) of the
15 definition of railway premises in
section 3(1); and
(b) any land occupied by a railway
infrastructure manager under the
relevant rail infrastructure lease;
20 Rail Track means Victorian Rail Track
established by Division 2 of Part 2 of
the Rail Corporations Act 1996;
road authority has the same meaning as it
has in section 3(1) of the Road
25 Management Act 2004;
works contractor means any person engaged
directly or indirectly by Rail Track or a
road authority to conduct road works or
ancillary rail works on behalf of Rail
30 Track or the road authority, including a
subcontractor;
works manager means Rail Track, a road
authority or a works contractor.
561316B.I-3/12/2008 15 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 4--Amendments to Rail Safety Act 2006
s. 11
(2) This section applies if--
(a) Rail Track or a road authority applies to
the Safety Director for a direction under
this section; and
5 (b) the Safety Director is satisfied that Rail
Track, the road authority or a works
contractor engaged by Rail Track or the
road authority requires access; and
(c) the Safety Director is satisfied that--
10 (i) Rail Track or the road authority
has made a reasonable attempt to
obtain an agreement for access
from the rail infrastructure
manager and the rail infrastructure
15 manager is unreasonably refusing
to enter such an agreement, or is
otherwise unreasonably delaying
the negotiation of such an
agreement on the grounds of
20 purported safety concerns; or
(ii) Rail Track or the road authority
has entered into an agreement for
access with the rail infrastructure
manager and the rail infrastructure
25 manager is unreasonably denying
or limiting access on the grounds
of purported safety concerns.
(3) If this section applies and the Safety Director
is satisfied that arrangements for access can
30 be made under which the proposed road
works or ancillary rail works can be
conducted safely, the Safety Director may
issue a written notice to the rail infrastructure
manager and Rail Track or the road authority
35 warning that the Safety Director may issue a
direction under this section.
561316B.I-3/12/2008 16 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 4--Amendments to Rail Safety Act 2006
s. 11
(4) A notice under subsection (3)--
(a) must warn the rail infrastructure
manager and Rail Track or the road
authority of the Safety Director's
5 powers under this section; and
(b) may contain suggested arrangements
for access under which the proposed
road works or ancillary rail works can
be conducted safely; and
10 (c) may set a date by which--
(i) an agreement for access is to be
entered into; or
(ii) if an agreement already exists,
access is to be granted.
15 (5) If a notice is given specifying a date under
subsection (4)(c) and no agreement has been
entered into, or access has not been granted,
by or on that date, the Safety Director may--
(a) determine the arrangements for access
20 that are to apply; and
(b) direct the rail infrastructure manager
and Rail Track or the road authority to
give effect to the arrangements.
(6) A direction under subsection (5)--
25 (a) must be in writing; and
(b) must set out any arrangements
determined by the Safety Director
under that subsection; and
(c) must be accompanied by a copy of this
30 section.
561316B.I-3/12/2008 17 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 4--Amendments to Rail Safety Act 2006
s. 11
(7) A person who is given a direction under
subsection (5) must comply with the
direction.
Penalty: 100 penalty units.
5 (8) If a person is guilty of an offence against
subsection (7), the person is--
(a) guilty of a further offence in respect of
each day after the day on which the
initial offence was committed during
10 which the person fails to comply with
the direction; and
(b) liable to a penalty of up to 100 penalty
units for each further offence.
(9) The Safety Director must notify an applicant
15 under this section of the Safety Director's
decision--
(a) to refuse the application or to issue a
written notice under subsection (3);
(b) to issue a direction under
20 subsection (5).".
__________________
561316B.I-3/12/2008 18 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 5--Amendments to Children, Youth and Families Act 2005
s. 12
PART 5--AMENDMENTS TO CHILDREN, YOUTH AND
FAMILIES ACT 2005
12 CAYPINS
(1) In Schedule 3 to the Children, Youth and See:
Act No.
5 Families Act 2005, after clause 6(2)(e) insert-- 96/2005.
Reprint No. 1
"(ea) in the case of an offence against the as at
23 April 2007
Transport Act 1983 or the regulations under and
that Act, request that consideration of the amending
Act Nos
matter be deferred to another date so that the 97/2005,
10 child may undertake a program approved 23/2006,
24/2006,
under section 227A(2) of that Act; or". 51/2006,
81/2006,
(2) In Schedule 3 to the Children, Youth and 24/2007,
Families Act 2005, after clause 8(3)(b) insert-- 28/2007,
56/2007,
"(ba) in the case of an offence against the 7/2008, 8/2008,
9/2008,
15 Transport Act 1983 or the regulations under 12/2008 and
that Act, defer making a decision to a later 52/2008.
LawToday:
date so that the child may attend a program www.
approved under section 227A(2) of that Act; legislation.
vic.gov.au
or".
20 (3) In Schedule 3 to the Children, Youth and
Families Act 2005, after clause 8(3)(e) insert--
"(ea) in the case of an offence against the
Transport Act 1983 or the regulations under
that Act, if the registrar is satisfied that the
25 child has undertaken a program approved
under section 227A(2) of that Act, order that
payment of the registered amount that
remains unpaid not be enforced; or".
__________________
561316B.I-3/12/2008 19 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 6--Amendment to Borrowing and Investment Powers Act 1987
s. 13
PART 6--AMENDMENT TO BORROWING AND
INVESTMENT POWERS ACT 1987
13 Borrowing and Investment Powers Act 1987
In Schedule 1 to the Borrowing and Investment
5 Powers Act 1987, item 13 is repealed.
__________________
561316B.I-3/12/2008 20 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Part 7--Repeal of Amending Act
s. 14
PART 7--REPEAL OF AMENDING ACT
14 Repeal of amending Act
This Act is repealed on 1 January 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561316B.I-3/12/2008 21 BILL LA INTRODUCTION 3/12/2008
Transport Legislation General Amendments Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561316B.I-3/12/2008 22 BILL LA INTRODUCTION 3/12/2008
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