RAIL CORPORATIONS ACT 1996

Victorian Consolidated Legislation

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RAIL CORPORATIONS ACT 1996

No. 79 of 1996
Version incorporating amendments as at 31 July 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
3A. Repealed

PART 2-RAIL CORPORATIONS

Division 1-Repealed

4-7C. Repealed

Division 2-Victorian Rail Track

8. Establishment
8A. Rail Track may trade as VicTrack
9. Rail Track not to represent the Crown
10. Objective
11. Functions and powers
12. Contingency planning for exercise of certain powers
13-13B. Repealed
13C. Acquisition of land
13D. Rail Track may use Crown lands reserved under Crown Land (Reserves) Act 1978.
13E. Grant of unalienated Crown land
13F. Land
13G. Powers to enter land to construct or maintain works
13H. Obligations in relation to entry onto land
13I. Rail Track to pay compensation

Division 2A-V/Line Passenger Corporation

14. Establishment
15. Trading name
16. V/Line Passenger Corporation not to represent the Crown
17. Objective
18. Functions and powers
18A-18F Repealed

Divisions 2B-2F-Repealed

18G-18ZM Repealed

Division 3-Rail corporations generally

19. Schedule 1.
20. Extra-territoriality
21. Delegation
22. Borrowing and investment by rail corporations
23. Duties of directors
24. Rail corporation or Minister may bring proceedings
25. Rail corporation not to make loans to directors
26. Indemnity
27. Corporate plan
28. Statement of corporate intent: contents
29. Corporate plan to be followed
30. Nothing void merely because of non-compliance
31. Board to give notice of significant events
32. Non-commercial functions
33. Determination of initial capital
34. Capital
35. Repayment of capital
36. Dividends
37. Reports to Minister
37A. Directions
38. Annual report

PART 2A-ACCESS REGIME

Division 1-Introduction

38A. Definitions
38B. Associated rail infrastructure may be declared to be rail infrastructure
38C. Tabling and disallowance of Orders under section 38B.
38DA. Repealed
38D. Declaration of persons to be access providers
38E. Application of Essential Services Commission Act 2001.
338EA-38EC Repealed
8F. Objectives of the Commission
38G. Meaning of operate
38H. Principle of passenger priority
38I. Declaration of rail transport services
38J. Pricing Principles Order
38K. Declaration of certain agreements to be relevant rail infrastructure agreements
38L. Extra-territorial operation

Division 2-Commission rules and guidelines

38M. Definition
38N. Procedural requirements for the making of a Commission instrument
38O. Commission instruments may incorporate documents and
other material
38P. General powers applicable to the making of a Commission instrument
38PA. Repealed
38Q. Commission instruments must be in force at all times
38QA-38QC Repealed
38R. Account keeping rules
38RA. Repealed
38S. Ring fencing rules
38T. Capacity use rules
38U. Network management rules
38V. Negotiation guidelines

Division 3-Access arrangements

38W. Submission of access arrangement to Commission for approval
38X. Contents of proposed access arrangements
38Y. Notification by Commission of submission to it of proposed access arrangement
38Z. Submission and comments in relation to proposed access arrangement
38ZA. Consideration of submission or comments by Commission
38ZB. Draft decision on whether proposed access arrangement
will be approved
38ZC. Access provider may submit revisions to proposed access arrangement
38ZD. Submission and comments in relation to draft decision
38ZE. Consideration of submissions and comments on draft
decision
38ZF. Final decision on proposed access arrangement
38ZG. Time within Commission must make a final decision
38ZH. Giving and publishing a final decision
38ZI. Matters to be taken into account in making a final decision
38ZJ. Commission to make access arrangement in certain cases
38ZK. Deemed access arrangement if Commission fails to make
a certain access arrangement
38ZL. Deemed access arrangements may be replaced in certain circumstances
38ZM. Period of operation of access arrangement
38ZN. Effect of access arrangement approved under this Division
or made by the Commission
38ZO. Variation of a binding access arrangement on the
application of the access provider
38ZP. Variation of a binding access arrangement by Commission
38ZQ. Substitution of access provider to a binding access arrangement
38ZR. Renewal of access arrangement
38ZS. Appeals from Commission decisions under Division 3.

Division 4-Interconnection of railways

38ZT. Interconnection

Division 5-Dispute resolution

38ZU. What is an access regime dispute?
38ZV. Notification of access regime dispute
38ZW. Withdrawal of notice of access regime dispute
38ZX. Commission must decide on access regime disputes
38ZY. Time within which Commission must make dispute
resolution decision
38ZZ. Minister may extend time within which Commission may make decision
38ZZA. Commission may decide not to make dispute resolution decision in certain cases
38ZZB. Matters to be taken into account in making decision
38ZZC. Decisions must not be inconsistent with principles
and rules
38ZZD. Decisions must not be inconsistent with an access arrangement
38ZZE. Decisions must not interfere with certain directions of the Safety Director
38ZZF. Certain decisions must not be made without prior
consultation with Secretary and Director
38ZZG. Decisions in relation to extensions of rail infrastructure
38ZZH. Hearings for the purposes of a dispute resolution decision
38ZZI. Hearing to be in private
38ZZJ. Right to representation
38ZZK. Particular powers of the Commission for the purposes of making a dispute resolution decision
38ZZL. Power to take evidence on oath or affirmation
38ZZM. Commission may give directions in relation to negotiations
38ZZN. Two or more access regime disputes may be decided
together
38ZZO. Commission may make interim decision
38ZZP. Variation or revocation of dispute resolution decisions
38ZZQ. Appeals from decisions of the Commission under
Division 5.
38ZZR. Commission may recover its costs in certain cases

Division 6-Access provider obligations

38ZZS. Hindering or preventing access
38ZZT. Compliance with access arrangement
38ZZU. Compliance with account keeping rules
38ZZV. Compliance with ring fencing rules
38ZZW. Compliance with capacity use rules
38ZZX. Compliance with network management rules
38ZZY. Access provider obligation in relation to calculating prices
for declared rail transport services

Division 7-Confidential information

38ZZZ. Access provider confidential information obligations
38ZZZA. Access seeker and user confidential information
obligations
38ZZZB. Access provider system and business rules for the
handling of confidential information

Division 8-Enforcement and other proceedings

38ZZZC. Proceedings
38ZZZD. Criminal proceedings do not lie
38ZZZE. Proceedings for contraventions of penalty provisions
38ZZZF. Pecuniary penalties to be paid into the Consolidated
Fund
38ZZZG. Injunctions
38ZZZH. Declaratory relief
38ZZZI. Enforcement of dispute resolution decisions

Division 9-Repealed

38ZZZJ. Repealed

PART 3-TRANSFER OF PROPERTY AND STAFF

Division 1-Definitions

39. Definitions

Division 2-Property

40. Minister may direct transfer of PTC property to rail
corporation or person
41. Minister may direct transfer of rail corporation property to
other rail corporations or persons
42. Property transferred in accordance with direction
43. Allocation of property etc. subject to encumbrances
44. Payments in respect of financial obligations
45. Certificate of Administrator or CEO
46. Value of transferred property
47. Substitution of party to agreement
48. Former PTC and rail corporation instruments
49. Proceedings
50. Interests in land
51. Easements
52. Amendment of Register
53. Taxes
54. Evidence
55. Validity of things done under this Division
56. Minister may direct PTC or rail corporation to lease land to
rail corporation or person

Division 3-Staff

57. List of PTC staff
58. Transfer of PTC staff
59. Future terms and conditions of transferred employees
59A. List of RC staff
59B. Transfer of RC staff
59C. Future terms and conditions of transferred employees

PART 4-RAIL AND TRAM OPERATORS

Division 1-Certain powers

60. Person to whom this section applies may require clearance of trees
60A. Relevant rail operator to whom this section applies may clear trees without obtaining permit
61. No obligation to fence
62. Power to break up roads, etc.
63. Power to install stopping places, etc.
64. Level crossings
65. Tram infrastructure
66. Overhead power supply
67. Power to stop traffic

Division 2-Provisions applying to certain agreements

68. Civil penalty provisions
69. Validity of certain provisions

Division 3-Certain operating assets

70. Assets of certain operators
71. Allocation statement
72. Assets transferred in accordance with statement
73. Allocation of assets subject to encumbrances
74. Certificate of Director
75. Consideration for transferred property
76. Former transferor instruments and agreements
77. Proceedings
78. Taxes
79. Evidence
80. Validity of things done under this Division

PART 5-Repealed

81-102. Repealed

PART 6-GENERAL

103. Delegation
104. Freedom of Information Act 1982.
105. Supreme Court-limitation of jurisdiction
106. Regulations

PART 7-TRANSITIONAL

106A. Privatisation of V/Line Freight
107. Orders under repealed sections
108. Repeals consequential on new Part 4.
109. Abolition of Met Train 1.
110. Abolition of Met Train 2.
111. Abolition of Met Tram 1.
112. Abolition of Met Tram 2.
113. Abolition of V/Line Passenger Corporation
114. Order relating to no obligation to fence
115. Order relating to power to stop of traffic
116. Meaning of relevant date in sections 117 and 118.
117. Transitional provision concerning change of name of Station
118. Transitional and savings provisions concerning change of name of Authority

PART 8-SOUTHERN CROSS STATION AUTHORITY

119. Definitions
120. Southern Cross Station Authority abolished
121. List of staff to be transferred
122. Transferred employees
123. Interests in land
124. Taxes
__________________
SCHEDULE 1-Provisions Applying to Rail Corporations
1. Board of directors
2. Constitution of board
3. Appointment of directors
4. Terms and conditions of appointment
5. Acting appointment
6. Chief executive officer and other staff
7. Vacancies, resignations, removal from office
8. Validity of acts or decisions
9. Proceedings of board
10. Resolutions without meetings
11. Disclosure of interests
SCHEDULE 2-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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