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PARLIAMENT OF VICTORIA
Transport Legislation Miscellaneous Amendments
Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--MARINE ACT 1988 3
3 Amendments relating to the Australian Builders Plate Standard 3
4 New Divisions 4, 5, 6 and 7 inserted in Part 8 4
Division 4--Improvement notices 4
85AA Improvement notices 4
85AB Improvement notices--operation of vessel or closure of
mooring or other physical structure associated with a
vessel 7
85AC Contravention of improvement notice 7
85AD Amendment of improvement notices 8
85AE Cancellation of improvement notices 8
85AF Clearance certificates for improvement notices 9
85AG Proceedings for offences not affected by improvement
notices or clearance certificates 9
Division 5--Prohibition notices 10
85AH Prohibition notice 10
85AI Contravention of prohibition notice 13
85AJ Amendment of prohibition notice 13
85AK Withdrawal of prohibition notices 14
85AL Certificates that matters that give rise to immediate
risks to safety remedied 14
85AM Proceedings for offences not affected by prohibition
notices or certificates issued under section 85AL 15
561289B.I-2/12/2008 i BILL LA INTRODUCTION 2/12/2008
Clause Page
Division 6--Review of decisions relating to improvement
and prohibition notices 16
85AN Reviewable decisions 16
85AO Review by the Director 17
85AP Review by VCAT 19
Division 7--Sentencing orders in relation to relevant
marine safety laws 20
85AQ Commercial benefits penalty order 20
85AR Supervisory intervention order 21
85AS Contravention of supervisory intervention order 25
85AT Exclusion orders 26
85AU Contravention of exclusion order 27
85AV Release on the giving of a safety undertaking 28
85AW Variation or breach of orders under section 85AV 29
5 Amendments consequential to amendments made by section 4 30
PART 3--PORT SERVICES ACT 1995 32
6 Amendment of section 13--Functions of Port of Melbourne
Corporation 32
7 Amendment of section 17D--Functions of Port of Hastings
Corporation 32
8 Amendment of section 21--Functions and powers of VRCA 32
9 New Part 6B--Port Development Strategy 33
PART 6B--PORT DEVELOPMENT STRATEGY 33
91J Definitions 33
91K Port Development Strategy 34
91L Consultation requirements 35
91M Guidelines 35
91N Ministerial directions 36
PART 4--ROAD MANAGEMENT ACT 2004 38
10 Infrastructure manager 38
11 Changes to Utilities' Infrastructure Reference Panel 39
12 Providers of public transport 40
13 Definition of relevant Minister 42
14 Principal object and management principles 44
15 New section 42A inserted--Specified roads 46
42A Specified roads 46
16 Amendment of section 48A--Definitions 48
561289B.I-2/12/2008 ii BILL LA INTRODUCTION 2/12/2008
Clause Page
17 Sections 48B and 48C substituted 48
48B Duty of responsible road authority, infrastructure
manager or works manager in relation to works on or
in immediate vicinity of rail infrastructure or rolling
stock 48
18 New sections 48DA, 48DB and 48DC inserted 49
48DA Only one offence committed 49
48DB Duty of rail operator in relation to works on or in
immediate vicinity of road infrastructure 49
48DC Exercising a power or performing a duty safely 50
19 Section 48E substituted and sections 48EA, 48EB and 48EC
inserted 51
48E Only one offence committed 51
48EA Notification by responsible road authority,
infrastructure manager or works manager 51
48EB Notification by works contractor 51
48EC Notification by rail operator 52
20 Amendments relating to notification requirements 52
21 Further amendments relating to notification requirements 55
22 Consequential amendment to section 48G 55
23 New Division 4B inserted in Part 4 55
Division 4B--Specific provisions relating to bus stop
infrastructure and tram stop infrastructure 55
48H Definitions 55
48I Application of Division 56
48J Powers of Secretary 56
48K Offence in relation to removal, demolition or
relocation 58
48L Resolution of disputes 58
48M Guidelines 58
48N Information to be provided by a municipal council 59
48O Consent of Director of Public Transport required to
install, attach or affix rubbish bin or cigarette disposal
unit 59
48P Power of Director of Public Transport to remove
rubbish bin or cigarette disposal unit installed, attached
or affixed without consent 60
24 Amendment of section 132--Regulations 60
PART 5--SOUTHERN AND EASTERN INTEGRATED
TRANSPORT AUTHORITY ACT 2003 62
25 Amendment of section 3--Definitions 62
26 Amendment to heading to section 4 62
27 New section 4A inserted 62
4A Road Transport-Related Projects 62
561289B.I-2/12/2008 iii BILL LA INTRODUCTION 2/12/2008
Clause Page
PART 6--TRANSPORT ACT 1983 63
28 New section 84AB inserted 63
84AB Chief Investigator may require persons to attend and
answer questions 63
29 New section 85DA inserted 65
85DA Reports not admissible in evidence 65
PART 7--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 66
30 EastLink Project Act 2004 66
31 Melbourne City Link Act 1995 66
32 Road Safety Act 1986 66
PART 8--REPEAL OF AMENDING ACT 67
33 Repeal of amending Act 67
ENDNOTES 68
561289B.I-2/12/2008 iv BILL LA INTRODUCTION 2/12/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Transport Legislation Miscellaneous
Amendments Bill 2008
A Bill for an Act to amend the Marine Act 1988, the Port Services
Act 1995, the Road Management Act 2004, the Southern and
Eastern Integrated Transport Authority Act 2003 and the
Transport Act 1983, to consequentially amend certain other Acts and
for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to--
(a) make miscellaneous amendments to the
5 Marine Act 1988, the Port Services Act
1995, the Road Management Act 2004 and
the Southern and Eastern Integrated
Transport Authority Act 2003 to facilitate
the operation of those Acts;
561289B.I-2/12/2008 1 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 1--Preliminary
s. 2
(b) amend the Transport Act 1983 in relation to
the powers of the Chief Investigator to obtain
information;
(c) consequentially amend certain other Acts.
5 2 Commencement
(1) This Act (except sections 3, 4, 5, 20 and 21)
comes into operation on the day after the day on
which it receives the Royal Assent.
(2) Sections 4, 5, 20 and 21 come into operation on
10 1 July 2009.
(3) Subject to subsection (4), section 3 comes into
operation on a day to be proclaimed.
(4) If section 3 does not come into operation before
1 January 2010, it comes into operation on that
15 day.
__________________
561289B.I-2/12/2008 2 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 3
PART 2--MARINE ACT 1988
3 Amendments relating to the Australian Builders
Plate Standard
(1) In section 3(1) of the Marine Act 1988 after the See:
Act No.
5 definition of approved health professional 52/1988.
insert-- Reprint No. 7
as at
12 December
"Australian Builders Plate Standard means the 2007.
"National Standard for the Australian LawToday:
www.
Builders Plate for Recreational Boats" as legislation.
10 prescribed by regulations made under the vic.gov.au
Fair Trading Act 1999;".
(2) In section 13(1) of the Marine Act 1988 after "the
regulations" insert "or the Australian Builders
Plate Standard".
15 (3) In section 77(1)(b) of the Marine Act 1988 after
"the regulations" insert "or the Australian
Builders Plate Standard".
(4) After section 77(1)(b)(iii) of the Marine Act 1988
insert--
20 "(iiia) the information required to be on a vessel;
or".
(5) In section 77(1)(d) of the Marine Act 1988 after
"equipment" insert ", builders plate".
(6) In section 82D(a) of the Marine Act 1988 after
25 "the regulations" insert "and the Australian
Builders Plate Standard".
(7) After section 101A(1) of the Marine Act 1988
insert--
"(1A) Subsection (1) does not prevent the
30 disclosure or use of information obtained by
the Director or a relevant person under this
Act if the disclosure or use is made for the
purposes of enabling--
561289B.I-2/12/2008 3 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(a) the Director of Consumer Affairs
Victoria under the Fair Trading Act
1999; or
(b) a person authorised by the Director of
5 Consumer Affairs Victoria under the
Fair Trading Act 1999 for the
purposes of section 142A of that Act--
to bring proceedings for an offence against
the Fair Trading Act 1999, or regulations
10 made under that Act, relating to the
Australian Builders Plate Standard or to
receive information relating to compliance
with the Australian Builders Plate
Standard.".
15 (8) In Schedule 5 to the Marine Act 1988, in item 47
after "accompany applications" insert ", including
prescribing information in respect of compliance
with the Australian Builders Plate Standard".
4 New Divisions 4, 5, 6 and 7 inserted in Part 8
20 After Division 3 of Part 8 of the Marine Act 1988
insert--
"Division 4--Improvement notices
85AA Improvement notices
(1) An improvement notice may only be served
25 on a relevant person if the relevant person is
engaged in commercial marine operations.
(2) The Director or an inspector may serve on a
relevant person an improvement notice if the
Director or inspector believes on reasonable
30 grounds that the relevant person--
(a) is contravening a provision of a
relevant marine safety law; or
561289B.I-2/12/2008 4 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(b) has contravened a provision of a
relevant marine safety law in
circumstances that make it likely the
contravention will continue or be
5 repeated; or
(c) in the case of a relevant person who is
the holder of a certificate, licence or
registration--
(i) is contravening a condition or
10 restriction of the certificate,
licence or registration; or
(ii) has contravened a condition or
restriction of the certificate,
licence or registration in
15 circumstances that make it likely
the contravention will continue or
be repeated.
(3) The Director or an inspector may serve on
the relevant person an improvement notice
20 requiring the relevant person to remedy the
contravention or likely contravention, or the
matters or activities occasioning the
contravention or likely contravention, within
the period specified in the notice.
25 (4) An inspector must, before serving an
improvement notice under this section,
inform the Director of his or her intention to
do so.
(5) An improvement notice must--
30 (a) state the basis for the Director's or
inspector's belief on which the service
of the notice is based;
(b) specify the provision of the relevant
marine safety law in respect of which
35 that belief is held;
561289B.I-2/12/2008 5 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(c) specify a date (with or without a time)
by which the relevant person is required
to remedy the contravention or likely
contravention or the matters or
5 activities causing the contravention or
likely contravention, that the Director
or inspector considers is reasonable;
(d) include information about obtaining a
review of the decision to serve the
10 notice;
(e) set out the penalty for contravening the
notice;
(f) include a statement of the effect of
section 85AG;
15 (g) state that it is served under this section.
(6) An improvement notice may include
directions concerning the measures to be
taken to remedy the contravention or likely
contravention, or the matters or activities
20 causing the contravention or likely
contravention, to which the notice relates.
(7) Without limiting subsection (6), an
improvement notice may include a direction
that if the relevant person has not remedied
25 the contravention, likely contravention,
matters or activities (as the case may be) by
the date and time (if any) specified in the
notice, an activity to which the notice relates
is to cease until the Director or an inspector
30 serves a clearance certificate under
section 85AF.
561289B.I-2/12/2008 6 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
85AB Improvement notices--operation of vessel
or closure of mooring or other physical
structure associated with a vessel
(1) Without limiting section 85AA, an
5 improvement notice may require a relevant
person to stop operating, or to close a
mooring or other physical structure
associated with, a vessel--
(a) that the relevant person owns or
10 controls; or
(b) for which the relevant person is
responsible.
(2) If an improvement notice requires a relevant
person to stop operating, or to close a
15 mooring or other physical structure
associated with, a vessel, the relevant person
must publish a notice of the required
stoppage or closure in a newspaper
circulating--
20 (a) generally in the State; and
(b) in the area in which the vessel is
operated or the mooring or other
physical structure is located.
85AC Contravention of improvement notice
25 (1) A relevant person on whom an improvement
notice has been served must not refuse or fail
to comply with the notice unless the relevant
person has a reasonable excuse.
Penalty: In the case of a natural person,
30 500 penalty units;
In the case of a body corporate,
2500 penalty units.
561289B.I-2/12/2008 7 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(2) An offence against subsection (1) is an
indictable offence.
Note
However, the offence may be heard and determined
5 summarily (see section 53 of, and Schedule 4 to, the
Magistrates' Court Act 1989).
85AD Amendment of improvement notices
(1) An improvement notice served by the
Director may be amended by the Director.
10 (2) An improvement notice served by an
inspector may be amended by any inspector
or the Director.
(3) An amendment of an improvement notice is
effected by service on the relevant person
15 affected of a notice stating the terms of the
amendment.
(4) An amendment of an improvement notice is
ineffective if it purports to deal with a
contravention of a different provision of a
20 relevant marine safety law from that dealt
with in the improvement notice as first
served.
(5) A notice of an amendment of an
improvement notice must--
25 (a) state the reasons for the amendment;
(b) include information about obtaining a
review of the decision to amend the
notice;
(c) state that it is served under this section.
30 85AE Cancellation of improvement notices
(1) An improvement notice served on a relevant
person may only be cancelled by the
Director.
561289B.I-2/12/2008 8 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(2) Notice of cancellation of an improvement
notice is required to be served on the
relevant person affected.
85AF Clearance certificates for improvement
5 notices
(1) This section applies if the Director or an
inspector is satisfied that a relevant person
served with an improvement notice has
complied with all the requirements of, or a
10 requirement of, that notice.
(2) The Director or an inspector must serve a
clearance certificate on the relevant person to
the effect that (as the case requires)--
(a) all of the requirements of the
15 improvement notice have been
complied with; or
(b) the specific requirement of the
improvement notice has been complied
with.
20 (3) The clearance certificate must be served as
soon as practicable after the Director or an
inspector is so satisfied.
(4) A requirement of the improvement notice to
which the clearance certificate relates ceases
25 to be operative on receipt by the relevant
person of that certificate.
85AG Proceedings for offences not affected by
improvement notices or clearance
certificates
30 (1) The service, amendment or cancellation of
an improvement notice does not affect any
proceedings for an offence against a relevant
marine safety law in connection with any
matter in respect of which the improvement
35 notice was served.
561289B.I-2/12/2008 9 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(2) The issue of a clearance certificate under
section 85AF in respect of an improvement
notice does not affect any proceedings for an
offence against a relevant marine safety law
5 in connection with any matter in respect of
which the improvement notice was served.
Division 5--Prohibition notices
85AH Prohibition notice
(1) A prohibition notice may only be served on a
10 person who has or appears to have control
over an activity to which this section applies
occurring during commercial marine
operations.
(2) This section applies if--
15 (a) an activity is occurring on, or in
connection with the operation of, a
vessel, that involves or will involve an
immediate risk to the safety of a
person; or
20 (b) an activity is occurring at a place where
vessels are operated, stored, moored,
berthed or placed that involves or will
involve an immediate risk to the safety
of a person; or
25 (c) an activity may occur at a place where
vessels are operated, stored, moored,
berthed or placed that, if it occurs, will
involve an immediate risk to the safety
of a person; or
30 (d) an activity may occur at, on, or in the
immediate vicinity of, infrastructure
relating to the operation, storage,
mooring, berthing or placement of a
vessel, or vessels, that, if it occurs, will
561289B.I-2/12/2008 10 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
involve an immediate risk to the safety
of the operation of the vessel.
(3) If the Director or an inspector believes on
reasonable grounds that an activity referred
5 to in subsection (2) is occurring or may
occur, the Director or inspector may serve on
a person who has or appears to have control
over the activity a prohibition notice
prohibiting the carrying out of the activity, or
10 the carrying out of the activity in a specified
way, until the Director or inspector serves a
certificate under section 85AL.
(4) An inspector must, before serving a
prohibition notice under this section, inform
15 the Director of his or her intention to do so.
(5) A prohibition notice must--
(a) state the basis for the Director's or
inspector's belief on which the service
of the notice is based;
20 (b) specify the activity which the Director
or inspector believes involves or will
involve the risk and the matters which
give or will give rise to the risk;
(c) if the Director or inspector believes that
25 the activity involves a contravention or
likely contravention of a provision of a
relevant marine safety law, specify that
provision and state the basis for that
belief;
30 (d) set out the penalty for contravening the
notice;
(e) include information about obtaining a
review of the decision to serve the
notice;
561289B.I-2/12/2008 11 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(f) include a statement of the effect of
section 85AM;
(g) state that it is served under this section.
(6) A prohibition notice may include directions
5 on the measures to be taken to remedy the
risk, activities or matters to which the notice
relates, or the contravention or likely
contravention mentioned in
subsection (5)(c).
10 (7) A prohibition notice that prohibits the
carrying out of an activity in a specified way
may do so by specifying one or more of the
following--
(a) a vessel is not to be operated;
15 (b) a place where vessels are operated,
stored, moored, berthed or placed, at
which the activity is not to be carried
out;
(c) infrastructure or part of infrastructure
20 relating to the operation, storage,
mooring, berthing or placement of a
vessel or a place in the immediate
vicinity of infrastructure or vessels at
which the activity is not to be carried
25 out;
(d) any thing that is not to be used in
connection with the activity;
(e) any procedure that is not to be followed
in connection with the activity.
561289B.I-2/12/2008 12 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
85AI Contravention of prohibition notice
(1) A person on whom a prohibition notice is
served must not refuse or fail to comply with
the notice unless the person has a reasonable
5 excuse.
Penalty: In the case of a natural person,
500 penalty units;
In the case of a body corporate,
2500 penalty units.
10 (2) An offence against subsection (1) is an
indictable offence.
Note
However, the offence may be heard and determined
summarily (see section 53 of, and Schedule 4 to, the
15 Magistrates' Court Act 1989).
85AJ Amendment of prohibition notice
(1) A prohibition notice served by the Director
may be amended by the Director.
(2) A prohibition notice served by an inspector
20 may be amended by any inspector or the
Director.
(3) An amendment of a prohibition notice served
is effected by service on the relevant person
affected of a notice stating the terms of the
25 amendment.
(4) An amendment of a prohibition notice served
is ineffective if it purports to prohibit the
carrying out of an activity that is different
from the activity prohibited by the
30 prohibition notice as first served.
561289B.I-2/12/2008 13 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(5) A notice of an amendment of a prohibition
notice must--
(a) state the reasons for the amendment;
(b) include information about obtaining a
5 review of the decision to amend the
notice;
(c) state that it is served under this section.
85AK Withdrawal of prohibition notices
(1) A prohibition notice served on a relevant
10 person may only be withdrawn by the
Director.
(2) Notice of the withdrawal of a prohibition
notice is required to be served on the
relevant person affected.
15 85AL Certificates that matters that give rise to
immediate risks to safety remedied
(1) This section applies if the Director or an
inspector is satisfied that a relevant person
served with a prohibition notice has
20 remedied all of the matters or a matter--
(a) that gave, or will give, rise to an
immediate risk to the safety of a person
or the operation of a vessel because of
the carrying out of the activity; and
25 (b) specified in the prohibition notice.
(2) The Director or an inspector must serve a
certificate on the relevant person to the effect
that (as the case requires)--
(a) all of the matters or the matter that gave
30 rise to an immediate risk to the safety
of a person or the operation of a vessel
because of the activity specified in the
prohibition notice have been remedied;
or
561289B.I-2/12/2008 14 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(b) all of the matters or the matter that
could have given rise to an immediate
risk to the safety of a person or the
operation of a vessel because of the
5 activity specified in the prohibition
notice have been remedied.
(3) The certificate must be served as soon as
practicable after the Director or inspector is
so satisfied.
10 (4) A matter raised in the prohibition notice that
has been remedied to the satisfaction of the
Director or inspector, and to which the
certificate relates, ceases to be operative on
receipt by the relevant person of that
15 certificate.
85AM Proceedings for offences not affected by
prohibition notices or certificates issued
under section 85AL
(1) The service, amendment or withdrawal of a
20 prohibition notice does not affect any
proceedings for an offence against a relevant
marine safety law in connection with any
matter in respect of which the prohibition
notice was served.
25 (2) The issue of a certificate under section 85AL
in respect of a prohibition notice does not
affect any proceedings for an offence against
a relevant marine safety law in connection
with any matter in respect of which the
30 prohibition notice was served.
561289B.I-2/12/2008 15 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
Division 6--Review of decisions relating to
improvement and prohibition notices
85AN Reviewable decisions
(1) The following table sets out--
5 (a) decisions made under Divisions 4 and 5
that are reviewable in accordance with
this Division (reviewable decisions);
and
(b) who is eligible to apply for review of a
10 reviewable decision (the eligible person
in relation to the reviewable decision).
(2) To avoid doubt, sections 4 and 5 of the
Victorian Civil and Administrative
Tribunal Act 1998 apply for the purposes of
15 this Act.
Note
Under section 4 of that Act, a person makes a decision if the
person refuses to make a decision or an instrument, imposes
a condition or restriction or does or refuses to do any other
20 act or thing. Section 5 of that Act sets out when a person's
interests are affected by a decision.
Provision under
which reviewable Eligible person in relation
Item decision is made to reviewable decision
1 Section 85AA The person on whom the
(service of improvement notice is
improvement served.
notice)
2 Section 85AD The person served with the
(amendment of improvement notice that is
improvement being amended.
notice)
561289B.I-2/12/2008 16 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
Provision under
which reviewable Eligible person in relation
Item decision is made to reviewable decision
3 Section 85AF The person on whom the
(clearance improvement notice was
certificate to the served.
effect that all or any
specified
requirements of
improvement notice
have been complied
with)
4 Section 85AH The person on whom the
(service of prohibition notice is
prohibition notice) served.
5 Section 85AJ The person served with the
(amendment of prohibition notice that is
prohibition notice) being amended.
6 Section 85AL The person on whom the
(certificate that prohibition notice was
matters have been served.
remedied)
85AO Review by the Director
(1) An eligible person may, in relation to a
reviewable decision, other than a decision
made by the Director, apply to the Director
5 for review of the decision within--
(a) 28 days after the day on which the
decision first came to the eligible
person's notice; or
(b) such longer period as the Director
10 allows.
(2) The application must be in the form
approved in writing by the Director.
561289B.I-2/12/2008 17 BILL LA INTRODUCTION 2/12/2008
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Part 2--Marine Act 1988
s. 4
(3) If an application is made to the Director in
accordance with this section, the Director
must make a decision--
(a) to affirm or vary the reviewable
5 decision; or
(b) to set aside the reviewable decision and
substitute another decision that the
Director considers appropriate.
(4) The Director must give a written notice to
10 the applicant setting out--
(a) the Director's decision under
subsection (3) and the reasons for the
decision; and
(b) the findings on material questions of
15 fact that led to the decision, referring to
the evidence or other material on which
those findings were based--
and must do so within 28 days after the
application is made or, if the reviewable
20 decision was made under section 85AA(5) or
85AH(5) within 7 days after the application
is made.
(5) If the Director has not notified an
applicant of a decision in accordance with
25 subsection (4), the Director is taken to have
made a decision to affirm the reviewable
decision.
(6) An application under this section does not
affect the operation of the reviewable
30 decision or prevent the taking of any action
to implement it unless the Director, on his or
her own initiative or on the application of the
applicant for review, stays the operation of
the decision pending the determination of the
35 review.
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Part 2--Marine Act 1988
s. 4
(7) The Director must make a decision on an
application for a stay within 24 hours after
the making of the application.
(8) If the Director has not made a decision in
5 accordance with subsection (7), the Director
is taken to have made a decision to grant a
stay.
(9) The Director may attach any conditions to a
stay of the operation of a reviewable decision
10 that he or she considers appropriate.
85AP Review by VCAT
(1) A person may apply to VCAT for review
of--
(a) a reviewable decision made by the
15 Director; or
(b) a decision made, or taken to have been
made, by the Director under section
85AO in respect of a reviewable
decision, including a decision
20 concerning a stay of the operation of
the reviewable decision--
if the person is an eligible person in relation
to the reviewable decision.
(2) The application must be made--
25 (a) within 28 days after the day on which
the decision first came to the applicant's
notice; or
(b) if the Director is required by the
Victorian Civil and Administrative
30 Tribunal Act 1998 to give the
applicant a statement of reasons, within
28 days after the day on which the
applicant is given the statement--
whichever period ends last.
561289B.I-2/12/2008 19 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
Division 7--Sentencing orders in relation to
relevant marine safety laws
85AQ Commercial benefits penalty order
(1) A court that finds a person guilty of an
5 offence against a relevant marine safety law
arising out of commercial marine operations
may, on the application of the prosecutor or
the Director, make an order under this
section.
10 (2) The court may make a commercial benefits
penalty order requiring the person to pay, as
a fine, an amount not exceeding 3 times the
amount estimated by the court to be the gross
commercial benefit that--
15 (a) was obtained or obtainable, by the
person or by an associate of the person,
from the commission of the offence;
and
(b) in the case of a journey that was
20 interrupted or not commenced because
of action taken by the Director or an
inspector in connection with the
commission of the offence, would have
been obtained or obtainable, by the
25 person or by an associate of the person,
from the commission of the offence had
the journey been completed.
(3) In estimating the gross commercial benefit
that was or would have been obtained or
30 obtainable from the commission of the
offence, the court may take into account--
(a) benefits of any kind, whether monetary
or otherwise; and
561289B.I-2/12/2008 20 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(b) monetary savings or a reduction in any
operating or capital expenditure of any
kind achieved because of the
commission of the offence; and
5 (c) any other matters that it considers
relevant, including (for example)--
(i) the value per tonne or per
kilometre of the carriage of the
goods involved in the offence as
10 freight; and
(ii) the distance over which any such
goods were or were to be carried.
(4) However, in estimating the gross commercial
benefit that was or would have been obtained
15 or obtainable from the commission of the
offence, the court is required to disregard
any costs, expenses or liabilities incurred by
the person or by an associate of the person.
(5) Nothing in this section prevents the court
20 from ordering payment of an amount that
is--
(a) less than 3 times the estimated gross
commercial benefit; or
(b) less than the estimated gross
25 commercial benefit.
85AR Supervisory intervention order
(1) A court that finds a person guilty of an
offence against a relevant marine safety law
arising out of commercial marine operations
30 may, on the application of the prosecutor or
the Director, if the court considers the person
to be a systematic or persistent offender
against a relevant marine safety law, make
an order under this section.
561289B.I-2/12/2008 21 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(2) The court may make a supervisory
intervention order requiring the person (at
the person's own expense and for a specified
period not exceeding one year) to do all or
5 any of the following--
(a) to do specified things that the court
considers will improve the person's
compliance with relevant marine safety
law or specified aspects of a relevant
10 marine safety law, including (for
example) the following--
(i) appointing or removing staff to or
from particular activities or
positions;
15 (ii) training and supervising staff;
(iii) obtaining expert advice as to
maintaining appropriate
compliance;
(iv) installing, monitoring,
20 compliance, managerial or
operational equipment;
(v) implementing, monitoring,
compliance, managerial or
operational practices, systems or
25 procedures;
(b) to conduct specified monitoring,
compliance, managerial or operational
practices, systems or procedures subject
to the direction of the Director or a
30 person nominated by the Director;
(c) to furnish compliance reports to the
Director or the court or both as
specified in the order;
561289B.I-2/12/2008 22 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(d) to appoint a person to have
responsibilities--
(i) to assist the person in improving
compliance with a relevant marine
5 safety law or specified aspects of a
relevant marine safety law; and
(ii) to monitor the person's
performance in complying with a
relevant marine safety law or
10 specified aspects of a relevant
marine safety law and in
complying with the requirements
of the order; and
(iii) to furnish compliance reports to
15 the Director or the court or both as
specified in the order.
(3) The court may specify matters that are to be
dealt with in compliance reports and the
form, manner and frequency in which
20 compliance reports are to be prepared and
furnished.
(4) The court may require that compliance
reports or aspects of compliance reports be
made public, and may specify the form,
25 manner and frequency in which they are to
be made public.
(5) The court may only make a supervisory
intervention order if it is satisfied that the
order is capable of improving the person's
30 ability or willingness to comply with the
relevant marine safety law, having regard
to--
(a) the offences against a relevant marine
safety law of which the person has been
35 previously found guilty; and
561289B.I-2/12/2008 23 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(b) the offences against a relevant marine
safety law for which the person has
been proceeded against by way of
unwithdrawn infringement notices; and
5 (c) any other offences or other matters that
the court considers to be relevant to the
conduct of the person in connection
with the safety of marine operations.
(6) The order may direct that any other penalty
10 or sanction imposed for the offence by the
court is suspended until the court determines
that there has been a substantial failure to
comply with the order.
(7) A court that has power to make supervisory
15 intervention orders may revoke or amend a
supervisory intervention order on the
application of--
(a) the Director; or
(b) the person in respect of whom the order
20 was made, but in that case only if the
court is satisfied that there has been a
change of circumstances warranting
revocation or amendment.
(8) The court may have regard to any offence
25 committed by the person against a relevant
marine safety law before the commencement
of section 4 of the Transport Legislation
Miscellaneous Amendments Act 2008 for
the purposes of--
30 (a) considering whether a person is a
systematic or persistent offender
against a relevant marine safety law;
and
(b) having regard to offences of which the
35 person has been previously found guilty
under subsection (5)(a).
561289B.I-2/12/2008 24 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(9) In this section, compliance report, in relation
to a person in respect of whom a supervisory
intervention order is made, means a report
relating to--
5 (a) the performance of the person in
complying with--
(i) a relevant marine safety law or
specified aspects of a relevant
marine safety law specified in the
10 order; and
(ii) the requirements of the order; and
(b) without limiting the above--
(i) things done by the person to
ensure that any failure by the
15 person to comply with the relevant
marine safety law or the specified
aspects of the relevant marine
safety law does not continue; and
(ii) the results of those things having
20 been done.
85AS Contravention of supervisory intervention
order
A person who is subject to a requirement of a
supervisory intervention order must not
25 engage in conduct that results in
contravention of the requirement.
Penalty: In the case of a natural person,
120 penalty units;
In the case of a body corporate,
30 600 penalty units.
561289B.I-2/12/2008 25 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
85AT Exclusion orders
(1) A court that finds a person guilty of an
offence against a relevant marine safety law
arising out of commercial marine operations
5 may, on the application of the prosecutor or
the Director, if the court considers the person
to be a systematic or persistent offender
against the relevant marine safety laws, make
an order under this section.
10 (2) For the purpose of restricting opportunities
for the person to commit or be involved in
the commission of further offences against
relevant marine safety laws, the court may, if
it considers it appropriate to do so, make an
15 exclusion order prohibiting the person, for a
specified period, from--
(a) operating a vessel on State waters; or
(b) managing infrastructure relating to the
operation, storage, mooring, berthing or
20 placement of a vessel; or
(c) being involved in managing
infrastructure relating to the operation,
storage, mooring, berthing or placement
of a vessel that is in the State or
25 operating a vessel in the State except as
a pilot.
(3) The court may only make an order under this
section if it is satisfied that the person should
not continue the things the subject of the
30 proposed order and that a supervisory
intervention order under section 85AR is not
appropriate, having regard to--
(a) the offences against a relevant marine
safety law of which the person has
35 previously been found guilty; and
561289B.I-2/12/2008 26 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(b) any other offences or other matters that
the court considers to be relevant to the
conduct of the person in connection
with the safety of marine operations.
5 (4) A court that has power to make an exclusion
order may revoke or amend the exclusion
order on the application of--
(a) the Director; or
(b) the person in respect of whom the order
10 was made, but in that case only if the
court is satisfied that there has been a
change of circumstances warranting the
revocation or amendment.
(5) The court may have regard to any offence
15 committed by the person against a relevant
marine safety law before the commencement
of section 4 of the Transport Legislation
Miscellaneous Amendments Act 2008 for
the purposes of--
20 (a) considering whether a person is a
systematic or persistent offender
against a relevant marine safety law;
and
(b) having regard to offences of which the
25 person has been previously found guilty
under subsection (3)(a).
85AU Contravention of exclusion order
A person who is subject to an exclusion
order must not engage in conduct that results
30 in a contravention of the order.
Penalty: In the case of a natural person,
120 penalty units;
In the case of a body corporate,
600 penalty units.
561289B.I-2/12/2008 27 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
85AV Release on the giving of a safety
undertaking
(1) If a court convicts a person or finds a person
guilty of an offence against a relevant marine
5 safety law arising out of commercial marine
operations, the court may (with or without
recording a conviction) adjourn the
proceeding for a period of up to 2 years and
make an order for the release of the offender
10 on the offender giving an undertaking with
specified conditions.
(2) An undertaking must specify the following
conditions--
(a) that the offender appears before the
15 court if called on to do so during the
period of the adjournment and, if the
court so specifies, at the time to which
the further hearing is adjourned;
(b) that the offender does not commit,
20 during the period of the adjournment,
any offence against a relevant marine
safety law;
(c) that the offender observes any special
conditions imposed by the court.
25 (3) Without limiting subsection (2)(c), the court
may impose on an offender special
conditions that the offender--
(a) engage a consultant, who is approved in
writing by the Director, to advise on or
30 assist with safety matters; and
(b) develop and implement a systematic
approach to managing risks to safety
that arise or may arise in the conduct of
the offender's undertaking; and
561289B.I-2/12/2008 28 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 4
(c) arrange for the carrying out of an audit
of the offender's undertaking in relation
to safety by an independent person who
is approved in writing by the Director.
5 (4) An offender who has given an undertaking
under this section may be called on to appear
before the court--
(a) by order of the court; or
(b) by notice issued by the proper officer
10 (within the meaning of section 72(4) of
the Sentencing Act 1991) of the court.
(5) An order or notice under subsection (4) must
be served on the offender not less than
4 days before the time specified in it for the
15 appearance.
(6) If the court is satisfied at the time to which a
further hearing of a proceeding is adjourned
that the offender has observed the conditions
of the undertaking, it must discharge the
20 offender without any further hearing of the
proceeding.
(7) The court may make an order under this
section in relation to an offender in addition
to or instead of--
25 (a) imposing a penalty on the offender; or
(b) making any other order that the court
may make in relation to the offence.
85AW Variation or breach of orders under
section 85AV
30 Sections 78 and 79 of the Sentencing Act
1991 (and any definitions in that Act of
terms used in those sections) apply to an
order under section 85AV for the release of
an offender as though they were incorporated
35 into this Act and as though--
561289B.I-2/12/2008 29 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 5
(a) a reference to Subdivision (2) or (3)
were instead a reference to section
85AV; and
(b) a reference to a prescribed person, a
5 member of a prescribed class of
persons, the informant or a police
prosecutor were instead a reference to
the Director; and
(c) the reference in section 79(4) of the
10 Sentencing Act 1991 to a level 10 fine
were instead a reference to a fine not
exceeding 10 penalty units for a natural
person or 50 penalty units for a body
corporate; and
15 (d) any other necessary modifications were
made.".
5 Amendments consequential to amendments made by
section 4
In section 3(1) of the Marine Act 1988 insert the
20 following definitions--
"commercial marine operations means any
activity in connection with the operation of a
fishing vessel, government vessel or trading
vessel;
25 relevant marine safety law means--
(a) a provision of this Act or of any
regulations made under this Act;
(b) a provision of the Port Services Act
1995 or any regulations made under
30 that Act;
561289B.I-2/12/2008 30 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 2--Marine Act 1988
s. 5
(c) section 37 of the Pollution of Waters
by Oil and Noxious Substances Act
1986 or any regulations made for the
purposes of that section;".
__________________
561289B.I-2/12/2008 31 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 3--Port Services Act 1995
s. 6
PART 3--PORT SERVICES ACT 1995
6 Amendment of section 13--Functions of Port of
Melbourne Corporation
See: After section 13(2)(d) of the Port Services Act
Act No.
5 82/1995. 1995 insert--
Reprint No. 4
as at "(da) has regard to the benefits of increased
1 July 2004
and
competition between persons and bodies that
amending provide services related to the operation of
Act Nos
75/2004,
the port of Melbourne; and".
107/2004,
108/2004,
110/2004,
80/2006,
63/2007 and
12/2008.
LawToday:
www.
legislation.
vic.gov.au
10 7 Amendment of section 17D--Functions of Port of
Hastings Corporation
After section 17D(2)(d) of the Port Services Act
1995 insert--
"(da) has regard to the benefits of increased
15 competition between persons and bodies that
provide services related to the operation of
the port of Hastings; and".
8 Amendment of section 21--Functions and powers of
VRCA
20 After section 21(7)(d) of the Port Services Act
1995 insert--
"(da) has regard to the benefits of increased
competition between persons and bodies that
provide services related to the operation of
25 the area where it is carrying out the
functions; and".
561289B.I-2/12/2008 32 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 3--Port Services Act 1995
s. 9
9 New Part 6B--Port Development Strategy
After Part 6A of the Port Services Act 1995
insert--
"PART 6B--PORT DEVELOPMENT STRATEGY
5 91J Definitions
In this Part--
direction means a direction issued by the
Minister under section 91N;
guidelines means guidelines made under
10 section 91M;
Port Development Strategy means a Port
Development Strategy for each
commercial trading port prepared under
this Part;
15 port land owner means--
(a) the owner of the land where the
relevant commercial trading port
is located; or
(b) if there is more than one owner of
20 the land where the relevant
commercial trading port is
located, the owner of the land that
comprises the largest single area
of land on which the relevant
25 commercial trading port is
located;
relevant port authority means--
(a) in the case of the port of
Melbourne, the Port of Melbourne
30 Corporation;
561289B.I-2/12/2008 33 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 3--Port Services Act 1995
s. 9
(b) in the case of the port of Hastings,
the Port of Hastings Corporation;
(c) in the case of any other
commercial trading port, the port
5 land owner.
91K Port Development Strategy
(1) The relevant port authority must at intervals
of 4 years prepare a Port Development
Strategy in accordance with this Part.
10 (2) A Port Development Strategy must
include--
(a) projections of trade through the
commercial trading port;
(b) current and projected land use
15 requirements, including transitional
land uses designed to protect the port
from constraints on efficient operations
and mitigate adverse impacts of port
operations on adjacent uses;
20 (c) current and projected infrastructure
requirements for land and water in the
commercial trading port;
(d) current and projected transport
infrastructure requirements for land and
25 water in the commercial trading port;
(e) any other matters specified in any
guidelines.
(3) The first Port Development Strategy must be
prepared by the date specified in the
30 guidelines.
(4) A Port Development Strategy must be
prepared and submitted to the Minister in
accordance with the guidelines.
561289B.I-2/12/2008 34 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 3--Port Services Act 1995
s. 9
91L Consultation requirements
(1) If a commercial trading port is located on
land owned by different owners, the relevant
port authority must consult with all the other
5 land owners in preparing the Port
Development Strategy.
(2) If the port waters of a commercial trading
port are managed by a channel operator who
is not the relevant port authority, the relevant
10 port authority must consult with the channel
operator in preparing the Port Development
Strategy.
91M Guidelines
(1) The Minister may issue guidelines about the
15 following matters in relation to a Port
Development Strategy--
(a) the form;
(b) the content;
(c) the method and process for preparation;
20 (d) processes to enable tenants, licensees
and service providers in the port to be
involved in the preparation;
(e) processes for consultation with people
affected;
25 (f) publication and availability.
(2) The guidelines must be published in the
Government Gazette and made available for
inspection free of charge at the office of the
Minister.
561289B.I-2/12/2008 35 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 3--Port Services Act 1995
s. 9
91N Ministerial directions
(1) If a relevant port authority fails to prepare
and submit a Port Development Strategy in
accordance with section 91K, the Minister
5 may, by notice in writing to the relevant port
authority, direct that a Port Development
Strategy for the relevant commercial trading
port must be prepared and submitted within
the time fixed by the Minister in the
10 direction being at least 3 months after the
date of the direction.
(2) A relevant port authority must comply with a
direction given to the relevant port authority
under subsection (1).
15 Penalty: 240 penalty units.
(3) If the Minister is of the opinion that the Port
Development Strategy submitted by a
relevant port authority--
(a) has not been prepared in accordance
20 with the guidelines; or
(b) does not include the matters referred to
in section 91K--
the Minister may, by notice in writing to the
relevant port authority, direct the relevant
25 port authority to amend and resubmit a Port
Development Strategy within the time fixed
by the Minister in the direction being at least
3 months after the date of the direction.
561289B.I-2/12/2008 36 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 3--Port Services Act 1995
s. 9
(4) A relevant port authority must comply with a
direction given to the relevant port authority
under subsection (3).
Penalty: 240 penalty units.
5 __________________".
__________________
561289B.I-2/12/2008 37 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 4--Road Management Act 2004
s. 10
PART 4--ROAD MANAGEMENT ACT 2004
10 Infrastructure manager
See: (1) In section 3(1) of the Road Management Act
Act No.
12/2004. 2004, in the definition of infrastructure manager,
5 Reprint No. 2 in paragraph (b), before "in relation" insert
as at
11 October "subject to subsection (5),".
2006
and (2) After section 3(4) of the Road Management Act
amending
Act Nos
2004 insert--
61/2005,
74/2006, "(5) A reference to an infrastructure manager in
10 85/2006, section 5, 48, 48A, 48C, 64, 101, 104 or 110
69/2007 and
74/2007. or Schedule 7, or any regulations made under
LawToday: this Act or a Code of Practice in relation to
www.
legislation. any non-road infrastructure does not include
vic.gov.au a reference to the Director of Public
15 Transport or Victorian Rail Track unless the
Director of Public Transport or Victorian
Rail Track (as the case may be)--
(a) is directly responsible for the provision,
installation, maintenance or operation
20 of that non-road infrastructure; or
(b) has not delegated responsibility for
those matters to another infrastructure
manager; or
(c) has not entered into a contract with
25 another infrastructure manager under
which responsibility for those matters is
accepted by that infrastructure
manager.".
561289B.I-2/12/2008 38 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 4--Road Management Act 2004
s. 11
11 Changes to Utilities' Infrastructure Reference Panel
(1) In section 3(1) of the Road Management Act
2004--
(a) after the definition of infrastructure
5 manager insert--
"Infrastructure Reference Panel means the
Panel established under section 31;";
(b) the definition of Utilities' Infrastructure
Reference Panel is repealed.
10 (2) In section 28(3) of the Road Management Act
2004 for "Utilities' Infrastructure Reference
Panel" substitute "Infrastructure Reference
Panel".
(3) In sections 31 and 32 of the Road Management
15 Act 2004 for "Utilities' Infrastructure Reference
Panel" (wherever occurring) substitute
"Infrastructure Reference Panel".
(4) In section 31(2) of the Road Management Act
2004 for "15" substitute "16".
20 (5) After section 31(2)(j) of the Road Management
Act 2004 insert--
"(ja) one is a nominee of the Minister
administering the Public Transport
Competition Act 1995;".
25 (6) After section 31(5) of the Road Management Act
2004 insert--
"(6) The Infrastructure Reference Panel is
deemed to be the same body as the Utilities'
Infrastructure Reference Panel was before
30 the commencement of section 11 of the
Transport Legislation Miscellaneous
Amendments Act 2008.
561289B.I-2/12/2008 39 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 4--Road Management Act 2004
s. 12
(7) Any reference to the Utilities' Infrastructure
Reference Panel in any Act or in any
proclamation, Order in Council, rule,
regulation, order, agreement, instrument,
5 deed or other document, so far as it relates to
any period after the commencement of
section 11 of the Transport Legislation
Miscellaneous Amendments Act 2008 and
if not inconsistent with the context or
10 subject-matter, must be construed as a
reference to the Infrastructure Reference
Panel.".
(7) In section 132(5) of the Road Management Act
2004 for "Utilities' Infrastructure Reference
15 Panel" substitute "Infrastructure Reference
Panel".
12 Providers of public transport
(1) In section 3(1) of the Road Management Act
2004--
20 (a) in the Examples to the definition of non-
road infrastructure, after "utilities" insert
"or providers of public transport";
(b) in the definition of road management
function, in paragraph (b) after "utility,"
25 insert "provider of public transport,";
(c) in the definition of utility paragraph (c) is
repealed.
(2) In section 4(2)(d) of the Road Management Act
2004 after "utility" (where twice occurring) insert
30 "and public transport".
(3) In section 15(1) of the Road Management Act
2004--
(a) for "or a utility" substitute ", a utility or a
provider of public transport";
561289B.I-2/12/2008 40 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 4--Road Management Act 2004
s. 12
(b) for "or to the utility" substitute ", the utility
or the provider of public transport".
(4) In section 15(1A) of the Road Management Act
2004--
5 (a) after "a utility" insert "or a provider of
public transport";
(b) after "the utility" insert "or the provider of
public transport".
(5) In section 20(2)(e) of the Road Management Act
10 2004 after "utility" insert "and public transport".
(6) After section 28(3) of the Road Management Act
2004 insert--
"(3A) Before the Minister makes a Code of
Practice which includes any matter or thing
15 relating to public transport infrastructure or
related works, the Minister must consult with
the Minister for Public Transport and with
the Infrastructure Reference Panel.".
(7) In section 32 of the Road Management Act
20 2004--
(a) in paragraph (a) after "utilities" insert "and
providers of public transport";
(b) in paragraph (b) after "utilities" insert
", providers of public transport".
25 (8) In section 34(1)(d) of the Road Management Act
2004 after "utility" insert "or public transport".
(9) In section 38(1)(i) of the Road Management Act
2004 after "utilities" insert ", providers of public
transport".
30 (10) In section 38(2)(e) of the Road Management Act
2004 after "utility" insert "and public transport".
561289B.I-2/12/2008 41 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 4--Road Management Act 2004
s. 13
(11) In the Example to section 40(5) of the Road
Management Act 2004 after "utility" insert
", provider of public transport".
(12) In section 63(2)(ba) of the Road Management
5 Act 2004 after "Utility" insert "within the
meaning of section 3(1) of the EastLink Project
Act 2004".
(13) In Schedule 7 to the Road Management Act
2004, in the Example to clause 6, for "or a utility"
10 substitute ", a utility or a provider of public
transport".
(14) In Schedule 7 to the Road Management Act
2004, in the Example to clause 16(5), after
"utility" insert "or a provider of public transport".
15 13 Definition of relevant Minister
(1) In section 3(1) of the Road Management Act
2004--
(a) after the definition of regulations insert--
"relevant Minister means--
20 (a) the Minister administering this
Act, if the coordinating road
authority is VicRoads;
(b) the Minister administering the
Local Government Act 1989, if
25 the coordinating road authority is
a municipal council;
(c) subject to paragraph (b), the
Minister administering the Crown
Land (Reserves) Act 1978, if the
30 coordinating road authority has
responsibility for roads under that
Act;
561289B.I-2/12/2008 42 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 4--Road Management Act 2004
s. 13
(d) the Minister administering the
Forests Act 1958, if the
coordinating road authority has
responsibility for roads under that
5 Act;
(e) the Minister administering the
Land Act 1958, if the
coordinating road authority has
responsibility for roads under that
10 Act;
(f) the Minister administering the
National Parks Act 1975, if the
coordinating road authority has
responsibility for roads under that
15 Act;
(g) if paragraphs (a) to (f) do not
apply, the Minister administering
the Act under which the road
authority has responsibility for
20 roads;";
(b) the definition of relevant road Minister is
repealed.
(2) After section 3(3) of the Road Management Act
2004 insert--
25 "(3A) A reference in any Regulations or a Code of
Practice to the relevant road Minister is to be
construed as a reference to the relevant
Minister.".
(3) In the Road Management Act 2004--
30 (a) in sections 12(11)(b), 21, 22(1), 22(2), 39(6),
103(a), 117(2), 125(1), 125(2), 125(3) and
132(7)(d) for "relevant road Minister"
(wherever occurring) substitute "relevant
Minister";
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Part 4--Road Management Act 2004
s. 14
(b) in sections 28(2) and 125(1) for "relevant
road Ministers" substitute "relevant
Ministers";
(c) in clause 1(i) of Schedule 1 for "relevant
5 road Minister" substitute "relevant
Minister";
(d) in clause 9(5) of Schedule 5 for "relevant
Ministers" substitute "administering
Ministers";
10 (e) in clause 9(10) of Schedule 5 for "relevant
Ministers" substitute "administering
Ministers".
14 Principal object and management principles
(1) After section 20(1) of the Road Management Act
15 2004 insert--
"(1A) In giving effect to the principal object of
road management, the road network is to be
managed to reflect the priorities of different
modes of transport having regard to the
20 intended function or functions of different
parts of the road network.
(1B) Subject to subsection (1C), priority is to be
given to the following modes of transport in
respect of the specified roads for that mode
25 of transport--
(a) trams on specified tram roads;
(b) buses on specified bus roads;
(c) bicycles on specified bicycle roads;
(d) pedestrians on specified pedestrian
30 roads;
(e) freight on specified freight roads;
561289B.I-2/12/2008 44 BILL LA INTRODUCTION 2/12/2008
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Part 4--Road Management Act 2004
s. 14
(f) any other mode of transport on
specified roads for that mode of
transport.
(1C) Subsection (1B) has effect--
5 (a) without limiting the generality of
subsection (1A); and
(b) to the extent that it is reasonably
practicable having regard to the works
and infrastructure management
10 principles.".
(2) In section 3(1) of the Road Management Act
2004, after the definition of shoulder insert--
"specified bicycle road means a road or part of a
road which is specified under section 42A to
15 be a specified bicycle road;
specified bus road means a road or part of a road
which is specified under section 42A to be a
specified bus road;
specified freight road means a road or part of a
20 road which is specified under section 42A to
be a specified freight road;
specified pedestrian road means a road or part of
a road which is specified under section 42A
to be a specified pedestrian road;
25 specified road means a road or part of a road
which is specified under section 42A to be a
specified road in respect of which a mode of
transport is to have priority;
specified tram road means a road or part of a road
30 which is specified under section 42A to be a
specified tram road;".
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Part 4--Road Management Act 2004
s. 15
(3) After section 4(2)(c) of the Road Management
Act 2004 insert--
"(ca) provides for the assigning of priority to
different modes of transport on specified
5 roads;".
(4) After section 4(2)(e) of the Road Management
Act 2004 insert--
"(ea) provides for the keeping of a register of
specified roads and the transport modes that
10 have priority in respect of those specified
roads;".
(5) After section 20(2)(d) of the Road Management
Act 2004 insert--
"(da) the priority of different modes of transport
15 on specified roads;".
(6) In Schedule 7 to the Road Management Act
2004, after clause 14(3)(c) insert--
"(ca) minimise any disruption to users of different
modes of transport which have priority on
20 specified roads;".
15 New section 42A inserted--Specified roads
After section 42 of the Road Management Act
2004 insert--
"42A Specified roads
25 (1) VicRoads must keep a register of specified
roads under this section specifying the mode
of transport which is, or the modes of
transport which are, to have priority in
respect of each specified road.
30 (2) Subject to subsection (3), a road or part of a
road may be specified to be a specified
road--
561289B.I-2/12/2008 46 BILL LA INTRODUCTION 2/12/2008
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Part 4--Road Management Act 2004
s. 15
(a) in the case of a specified tram road,
jointly by the Minister and the Minister
for Public Transport after consultation
with VicRoads and the Director of
5 Public Transport;
(b) in the case of a specified bus road,
jointly by the Minister and the Minister
for Public Transport after consultation
with VicRoads and the Director of
10 Public Transport;
(c) in the case of a specified bicycle road,
by the Minister;
(d) in the case of a specified pedestrian
road, by the Minister;
15 (e) in the case of a specified freight road,
by the Minister;
(f) in the case of a specified road in respect
of any other mode of transport, by the
Minister.
20 (3) If a road or part of a road is a municipal
road, there must also be consultation with the
Minister for Local Government before the
road or part of the road can be specified to be
a specified road.
25 (4) VicRoads must publish a notice in the
Government Gazette--
(a) identifying the road or part of the road
which is specified to be a specified
road, whether by naming the road or
30 part of the road or showing the road or
part of the road on a plan or map;
(b) stating the mode of transport or the
modes of transport specified as having
priority in respect of that specified
35 road;
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Part 4--Road Management Act 2004
s. 16
(c) stating the date from which the
specification of the road or part of the
road as a specified road is to take
effect.
5 (5) VicRoads must ensure that the register of
specified roads is available for inspection by
members of the public--
(a) free of charge;
(b) during normal business hours;
10 (c) at the place or places determined by
VicRoads.
(6) It is sufficent for the purposes of
subsection (5), if a copy of the register of
specified roads is published on an Internet
15 website maintained by VicRoads.".
16 Amendment of section 48A--Definitions
In section 48A of the Road Management Act
2004, in the definition of works contractor, for
"State road authority" (where twice occurring)
20 substitute "responsible road authority".
17 Sections 48B and 48C substituted
For sections 48B and 48C of the Road
Management Act 2004 substitute--
"48B Duty of responsible road authority,
25 infrastructure manager or works manager
in relation to works on or in immediate
vicinity of rail infrastructure or rolling
stock
A responsible road authority or an
30 infrastructure manager or works manager
must, when exercising a power or
performing a duty under this Act on or in the
immediate vicinity of rail infrastructure or
rolling stock, ensure, so far as is reasonably
561289B.I-2/12/2008 48 BILL LA INTRODUCTION 2/12/2008
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Part 4--Road Management Act 2004
s. 18
practicable, that he, she or it exercises the
power or performs the duty safely.
Penalty: In the case of a natural person,
1800 penalty units;
5 In the case of a body corporate,
9000 penalty units.".
18 New sections 48DA, 48DB and 48DC inserted
After section 48D of the Road Management Act
2004 insert--
10 "48DA Only one offence committed
If both sections 48B and 48D apply to a
person in respect of a failure to exercise a
power or perform a duty safely, the person
can only be convicted of an offence under
15 one of those sections in respect of that
failure.
48DB Duty of rail operator in relation to works
on or in immediate vicinity of road
infrastructure
20 A rail operator must, when exercising a
power or performing a duty under this Act
on or in the immediate vicinity of road
infrastructure, ensure, so far as is reasonably
practicable, that he, she or it exercises the
25 power or performs the duty safely.
Penalty: In the case of a natural person,
1800 penalty units;
In the case of a body corporate,
9000 penalty units.
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Part 4--Road Management Act 2004
s. 18
48DC Exercising a power or performing a duty
safely
(1) To avoid doubt, a duty imposed on a person
under this Division to ensure, so far as is
5 reasonably practicable, that a power is
exercised, or a duty is performed, safely
requires the person to--
(a) eliminate risks to safety so far as is
reasonably practicable; and
10 (b) if it is not reasonably practicable to
eliminate risks to safety, to reduce
those risks so far as is reasonably
practicable.
(2) To avoid doubt, for the purposes of this
15 Division, regard must be had to the
following matters in determining what is (or
was at a particular time) reasonably
practicable in relation to ensuring that a
power is exercised, or a duty is performed,
20 safely--
(a) the likelihood of the hazard or risk
concerned eventuating;
(b) the degree of harm that would result if
the hazard or risk eventuated;
25 (c) what the person concerned knows, or
ought reasonably to know, about the
hazard or risk and any ways of
eliminating or reducing the hazard or
risk;
30 (d) the availability and suitability of ways
to eliminate or reduce the hazard or
risk;
(e) the cost of eliminating or reducing the
hazard or risk.".
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Transport Legislation Miscellaneous Amendments Bill 2008
Part 4--Road Management Act 2004
s. 19
19 Section 48E substituted and sections 48EA, 48EB
and 48EC inserted
For section 48E of the Road Management Act
2004 substitute--
5 "48E Only one offence committed
If more than of one of sections 48EA, 48EB,
48EC and 48F apply to a person in respect of
a failure to give the required notification, the
person can only be convicted of an offence
10 under one of those sections in respect of that
failure.
48EA Notification by responsible road
authority, infrastructure manager or
works manager
15 A responsible road authority or an
infrastructure manager or works manager
must, before exercising a power or
performing a duty under this Act on or in the
immediate vicinity of rail infrastructure or
20 rolling stock, notify the owner or occupier of
the land on which the rail infrastructure or
rolling stock is located of the intended
exercise of the power or the performance of
the duty if the exercise of the power or
25 performance of the duty will threaten, or is
likely to threaten, the safety of the rail
infrastructure or rolling stock.
Penalty: In the case of a natural person,
60 penalty units;
30 In the case of a body corporate,
300 penalty units.
48EB Notification by works contractor
A works contractor must, before carrying out
works on or in the immediate vicinity of rail
35 infrastructure or rolling stock, notify the
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Part 4--Road Management Act 2004
s. 20
owner or occupier of the land on which the
rail infrastructure or rolling stock is located
of the intention to carry out the works if the
carrying out of the works will threaten, or is
5 likely to threaten, the safety of the rail
infrastructure or rolling stock.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
10 300 penalty units.
48EC Notification by rail operator
A rail operator must, before exercising a
power or performing a duty under this Act
on or in the immediate vicinity of a road
15 authority's road infrastructure, notify that
road authority of the intended exercise of the
power or the performance of the duty if the
exercise of the power or performance of the
duty will threaten, or is likely to threaten, the
20 safety of the road infrastructure.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.".
25 20 Amendments relating to notification requirements
(1) At the end of section 48EA of the Road
Management Act 2004 insert--
"(2) Notification under this section must be
given--
30 (a) in writing; and
(b) unless subsection (3) applies, at least
28 days before the proposed exercise of
the power or the performance of the
duty.
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Part 4--Road Management Act 2004
s. 20
(3) If the proposed exercise of the power or the
performance of the duty is due to the
existence of an emergency or the
requirement to carry out urgent works, the
5 period of notice should be as much as is
reasonably practicable in the circumstances.
Notes
1 See clause 8 of Schedule 7 for notification
requirements in certain circumstances.
10 2 There may also be notification obligations which
are relevant under the Rail Safety Act 2006.".
(2) At the end of section 48EB of the Road
Management Act 2004 insert--
"(2) Notification under this section must be
15 given--
(a) in writing; and
(b) unless subsection (3) applies, at least
28 days before the proposed carrying
out of the works.
20 (3) If the proposed carrying out of the works is
due to the existence of an emergency or the
requirement to carry out urgent works, the
period of notice should be as much as is
reasonably practicable in the circumstances.
25 Notes
1 See clause 8 of Schedule 7 for notification
requirements in certain circumstances.
2 There may also be notification obligations which
are relevant under the Rail Safety Act 2006.".
30 (3) At the end of section 48EC of the Road
Management Act 2004 insert--
"(2) Notification under this section must be
given--
(a) in writing; and
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Part 4--Road Management Act 2004
s. 20
(b) unless subsection (3) applies, at least
28 days before the proposed exercise of
the power or the performance of the
duty.
5 (3) If the proposed exercise of the power or the
performance of the duty is due to the
existence of an emergency or the
requirement to carry out urgent works, the
period of notice should be as much as is
10 reasonably practicable in the circumstances.
Notes
1 See clause 8 of Schedule 7 for notification
requirements in certain circumstances.
2 There may also be notification obligations which
15 are relevant under the Rail Safety Act 2006.".
(4) At the end of section 48F of the Road
Management Act 2004 insert--
"(2) Notification under this section must be
given--
20 (a) in writing; and
(b) unless subsection (3) applies, at least
28 days before the proposed carrying
out of the rail operations.
(3) If the proposed carrying out of the rail
25 operations is due to the existence of an
emergency or the requirement to carry out
urgent works, the period of notice should be
as much as is reasonably practicable in the
circumstances.
30 Notes
1 See clause 8 of Schedule 7 for notification
requirements in certain circumstances.
2 There may also be notification obligations which
are relevant under the Rail Safety Act 2006.".
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Part 4--Road Management Act 2004
s. 21
(5) In Schedule 7 to the Road Management Act
2004, at the foot of clause 8 insert--
"Notes
1 See sections 48EA, 48EB, 48EC and 48F for
5 notification requirements in certain circumstances.
2 There may also be notification obligations which are
relevant under the Rail Safety Act 2006.".
21 Further amendments relating to notification
requirements
10 In sections 48EA(1) and 48EB(1) of the Road
Management Act 2004 after "is located" insert
"and any relevant provider of public transport".
22 Consequential amendment to section 48G
In section 48G of the Road Management Act
15 2004 for "48C or 48D" substitute "48D or
48DB".
23 New Division 4B inserted in Part 4
After Division 4A of Part 4 of the Road
Management Act 2004 insert--
20 "Division 4B--Specific provisions relating to
bus stop infrastructure and tram stop
infrastructure
48H Definitions
In this Division--
25 bus stop infrastructure means the facilities,
signage and amenities provided in
connection with a bus stopping point
including poles, bus stop flags, bus
timetable information and real time
30 information signage, tactile ground
surface indicators, connecting paths,
bus stop hardstands, bus shelters and
other public transport related signage;
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s. 23
bus stopping point means a location
designated for a bus to stop for the
purposes of passengers boarding and
disembarking the bus;
5 Secretary means the Secretary to the
Department of Transport;
tram stop infrastructure means the facilities,
signage and amenities provided in
connection with a tram stopping point
10 including poles, tram stop flags, tram
timetable information and real time
information signage, tactile ground
surface indicators, tram stop platforms
and shelters and other public transport
15 related signage;
tram stopping point means a location
designated for a tram to stop for the
purposes of passengers boarding and
disembarking the tram.
20 48I Application of Division
(1) This Division does not limit the application
of any other provisions of this Act which
apply generally in relation to infrastructure
and works on roads.
25 (2) The Secretary must comply with the
requirements of clause 16 of Schedule 7
before conducting any proposed works in the
exercise of the powers conferred on the
Secretary under this Division.
30 48J Powers of Secretary
(1) The Secretary may--
(a) install bus stop infrastructure and
designate bus stopping points;
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Part 4--Road Management Act 2004
s. 23
(b) remove, relocate or modify any bus
stop infrastructure installed under
paragraph (a);
(c) remove or relocate any bus stopping
5 point.
(2) The Secretary may for the purposes of this
section conduct any works which are
necessary or desirable including--
(a) opening and breaking up any roadway,
10 pathway or area of roadside; and
(b) temporarily stopping the traffic on any
roadway, pathway or area of roadside.
(3) In completing the works, the Secretary must
after the works are completed reinstate the
15 roadway, pathway or area of roadside to the
standard before the works were
commenced--
(a) as promptly as is reasonably
practicable; and
20 (b) as nearly as is reasonably practicable to
an equivalent standard of quality and
design; and
(c) so as to ensure that any feature to assist
persons with a disability is restored.
25 (4) If the Secretary has conducted works on any
roadway, pathway or area of roadside, the
Secretary must bear or pay all reasonable
expenses of the reinstatement of the
roadway, pathway or area of roadside and
30 any related road infrastructure for 12 months
after it is restored, so far as those expenses
have been incurred by conducting the works
on the roadway, pathway or area of roadside.
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s. 23
(5) The powers conferred on the Secretary under
this section are in addition to, and do not
derogate from, any other powers conferred
on the Secretary.
5 48K Offence in relation to removal, demolition
or relocation
(1) A person must not without obtaining the
consent of the Secretary--
(a) remove or relocate a bus stopping
10 point; or
(b) remove, demolish or relocate any bus
stop infrastructure installed under
section 48J.
Penalty: In the case of a natural person,
15 10 penalty units;
In the case of a body corporate,
50 penalty units.
(2) This section is in addition to any other
requirements which may apply under
20 clause 16 of Schedule 7.
48L Resolution of disputes
Any dispute arising under section 48J
between the Secretary and a road authority is
to be determined by the Minister for Public
25 Transport, the Minister responsible for the
coordinating road authority and the Minister
responsible for the responsible road authority
or their respective nominees.
48M Guidelines
30 (1) The Secretary may publish guidelines
relating to bus stopping points and bus stop
infrastructure.
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s. 23
(2) Without limiting the generality of
subsection (1), the guidelines may provide
for any matter or thing relating to the
location, design, construction, accessibility,
5 safety, amenity and appearance of bus
stopping points and bus stop infrastructure.
(3) The Secretary must consult with VicRoads,
municipal councils, other relevant road
authorities, the Bus Association Victoria and
10 any other person the Secretary considers
appropriate in developing guidelines under
this section.
48N Information to be provided by a
municipal council
15 If a municipal council installs, removes or
relocates a bus shelter, seat or hardstand
located at, or in the immediate vicinity of, a
bus stopping point, the municipal council
must within 28 days notify the Secretary of
20 the location of the bus stopping point and the
action that has been taken.
48O Consent of Director of Public Transport
required to install, attach or affix rubbish
bin or cigarette disposal unit
25 (1) A rubbish bin or cigarette disposal unit must
not be installed, attached or affixed to any
component of bus stop infrastructure or tram
stop infrastructure on which passenger
timetable information is provided without the
30 written consent of the Director of Public
Transport.
(2) This section is in addition to any other
requirements which may apply under
clause 16 of Schedule 7.
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s. 24
48P Power of Director of Public Transport to
remove rubbish bin or cigarette disposal
unit installed, attached or affixed without
consent
5 (1) The Director of Public Transport may
remove any rubbish bin or cigarette disposal
unit which has been installed, attached or
affixed to any component of bus stop
infrastructure or tram stop infrastructure on
10 which passenger timetable information is
provided by any person without obtaining
the written consent of the Director of Public
Transport.
(2) The Director of Public Transport may
15 recover any reasonable costs incurred under
subsection (1) from the person who installed,
attached or affixed the rubbish bin or
cigarette disposal unit in any court of
competent jurisdiction as a debt due to the
20 Director of Public Transport.".
24 Amendment of section 132--Regulations
(1) After section 132(3)(c) of the Road Management
Act 2004 insert--
"(ca) circumstances in which, or conditions
25 subject to which, the powers of a
coordinating road authority to impose
conditions on any consent may be
exercised;".
(2) In Schedule 7 to the Road Management Act
30 2004, in the note to clause 16(6)--
(a) after "restrict" insert "or provide for
circumstances or conditions relating to the
exercise of";
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s. 24
(b) for "section 132(3)(c)" substitute "sections
132(3)(c) and 132(3)(ca)".
__________________
561289B.I-2/12/2008 61 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 5--Southern and Eastern Integrated Transport Authority Act 2003
s. 25
PART 5--SOUTHERN AND EASTERN INTEGRATED
TRANSPORT AUTHORITY ACT 2003
25 Amendment of section 3--Definitions
See: In section 3 of the Southern and Eastern
Act No.
5 25/2003. Integrated Transport Authority Act 2003--
Reprint No. 1
as at (a) for the definition of Project substitute--
15 May 2008
and "Project means--
amending
Act No.
4//2008.
(a) the EastLink Project; or
LawToday:
www.
(b) a Road Transport-Related
10 legislation. Project;".
vic.gov.au
(b) insert the following definitions--
"EastLink Project means the project
described in section 4 or any part of
that project;
15 Road Transport-Related Project means a
project declared under section 4A to be
a Road Transport-Related Project.".
26 Amendment to heading to section 4
In the heading to section 4 of the Southern and
20 Eastern Integrated Transport Authority Act
2003 before "Project" insert "EastLink".
27 New section 4A inserted
After section 4 of the Southern and Eastern
Integrated Transport Authority Act 2003
25 insert--
"4A Road Transport-Related Projects
The Minister may by Order published in the
Government Gazette declare any project to
be a Road Transport-Related Project for the
30 purposes of this Act.".
__________________
561289B.I-2/12/2008 62 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 6--Transport Act 1983
s. 28
PART 6--TRANSPORT ACT 1983
28 New section 84AB inserted
After section 84A of the Transport Act 1983 See:
Act No.
insert-- 9921.
Reprint No. 13
5 "84AB Chief Investigator may require persons to as at
2 January
attend and answer questions 2008
and
(1) If the Chief Investigator considers it amending
necessary for the purposes of an Act Nos
95/2005,
investigation into a public transport safety 9/2006,
10 matter or a marine safety matter under this 71/2006,
30/2007,
Part, the Chief Investigator may require a 59/2007,
person to attend before the Chief Investigator 69/2007,
4/2008 and
and answer questions asked by the Chief 44/2008.
Investigator relating to matters relevant to LawToday:
www.
15 the investigation. legislation.
vic.gov.au
(2) The requirement under subsection (1) must
be by notice in writing.
(3) The notice must--
(a) be signed by the Chief Investigator; and
20 (b) specify the time and place at which the
person is required to attend before the
Chief Investigator.
(4) The time specified in the notice must be
reasonable having regard to the
25 circumstances.
(5) When a person attends before the Chief
Investigator under this section, the Chief
Investigator may require the questions to be
answered on oath or affirmation.
30 (6) Before requiring a person to answer a
question under this section, the Chief
Investigator must inform the person of the
effect of subsections (9) and (10).
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s. 28
(7) For the purpose of subsection (5), the Chief
Investigator may administer an oath or
affirmation.
(8) A person of whom a requirement is made
5 under this section must not--
(a) fail to attend before the Chief
Investigator in accordance with the
requirement; or
(b) refuse to take an oath or make an
10 affirmation when required by the Chief
Investigator to do so; or
(c) refuse or fail to answer a question
lawfully asked of the person by the
Chief Investigator.
15 Penalty: 30 penalty units.
(9) A person is not excused from answering a
question put to him or her under this section
on the ground that the answer to the question
might tend to incriminate the person or make
20 the person liable to a penalty.
(10) An answer given to a question put to a
person under this section is not admissible in
evidence against the person in any civil or
criminal proceeding other than--
25 (a) a proceeding in respect of an offence
against this section; or
(b) a proceeding in respect of the falsity of
an answer.
(11) A person who attends before the Chief
30 Investigator in accordance with a
requirement under this section is entitled to
be paid, in relation to that attendance, fees or
allowances fixed by or calculated in
accordance with an Order made by the
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Part 6--Transport Act 1983
s. 29
Governor in Council for the purposes of this
section.".
29 New section 85DA inserted
After section 85D of the Transport Act 1983
5 insert--
"85DA Reports not admissible in evidence
(1) A report of an investigation into a public
transport safety matter or marine safety
matter under this Part is not admissible in
10 evidence in any civil or criminal proceeding.
(2) Subsection (1) does not apply--
(a) to the admissibility of a final report in
evidence in a coronial inquiry; or
(b) if the court considers that a failure to
15 admit a report into evidence in a
criminal proceeding could prejudice the
fair trial of the accused.
(3) This section applies despite anything to the
contrary in sections 85C and 85D.
20 (4) In this section report means--
(a) final report; or
(b) draft report; or
(c) any document that is incidental to a
final report or draft report.".
__________________
561289B.I-2/12/2008 65 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 7--Consequential Amendments to other Acts
s. 30
PART 7--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
30 EastLink Project Act 2004
In section 3(1) of the EastLink Project Act 2004,
5 in the definition of Utility, after paragraph (a)
insert--
"(aa) a provider of public transport within the
meaning of the Road Management Act
2004; or".
10 31 Melbourne City Link Act 1995
In section 21(1) of the Melbourne City Link
Act 1995, in the definition of Utility, after
paragraph (a) insert--
"(aa) a provider of public transport within the
15 meaning of the Road Management Act
2004; or".
32 Road Safety Act 1986
(1) In section 92(3)(ie) of the Road Safety Act
1986--
20 (a) after "by a" insert "provider of public
transport,";
(b) before "road authority's" insert "provider of
public transport's,".
(2) In section 95(9) of the Road Safety Act 1986 for
25 "Utilities' Infrastructure Reference Panel"
substitute "Infrastructure Reference Panel".
__________________
561289B.I-2/12/2008 66 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Part 8--Repeal of Amending Act
s. 33
PART 8--REPEAL OF AMENDING ACT
33 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).
561289B.I-2/12/2008 67 BILL LA INTRODUCTION 2/12/2008
Transport Legislation Miscellaneous Amendments Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561289B.I-2/12/2008 68 BILL LA INTRODUCTION 2/12/2008
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