Victorian Consolidated Legislation

Rail Corporations Act 1996 - SECT 68

Civil penalty provisions

68. Civil penalty provisions





(1) In this section-

agreement, lease or licence means-

   (a)  an agreement, lease or licence relating to, or connected with, a
        passenger service or public transport service entered into by the
        Secretary or the Director acting on behalf of the Crown and a person
        to whom this section applies;

   (b)  an agreement, lease or licence entered into by the Secretary, a
        statutory body, the Director or any other person acting on behalf of
        the Crown and a person to whom this section applies under which-

   (i)  works are to be carried out which the Secretary, statutory body,
        Director or other person acting on behalf of the Crown considers on
        reasonable grounds may affect public transport operations or public
        transport infrastructure; or

   (ii) a person is authorised to occupy land necessary for, or otherwise
        associated with, public transport operations or public transport
        infrastructure; civil penalty provision means a provision in an
        agreement, lease or licence which is expressed to be a civil penalty
        provision for the purposes of this Act.

(2) Despite anything to the contrary in any Act or law, a person who breaches
a civil penalty provision is liable to pay, as a debt due to the State, an
amount determined in accordance with the agreement, lease or licence as the
penalty for breach of that provision.

(3) This section applies to-

   (a)  a train operator;

   (b)  a tram operator;

   (ba) a person who is a party to a contract with the Secretary or the
        Director acting on behalf of the Crown (whether entered into before or
        after the commencement of section 21(2) of the Transport Legislation
        (Miscellaneous Amendments) Act 2004) for the provision by that person
        of a public transport service;

   (c)  a person specified in an Order under subsection (4) or (5), subject to
        any terms and conditions specified in that Order.

(4) The Governor in Council, by Order published in the Government Gazette, may
declare that this section applies, on and from a date specified in the Order
and subject to any terms and conditions specified in the Order, to a person
specified in the Order that-

   (a)  is a party to a contract with the Secretary or the Director acting on
        behalf of the Crown for the provision by that person of a passenger
        service; or

   (b)  is a party to a lease with Rail Track or the Secretary or the Director
        acting on behalf of the Crown in relation to any rail infrastructure
        or tram infrastructure owned by Rail Track or the Crown.

(5) Without derogating from subsection (4), the Governor in Council, by Order
published in the Government Gazette, may declare that this section applies, on
and from a date specified in the Order and subject to any terms and conditions
specified in the Order, to a person specified in the Order in respect of the
agreement, lease or licence specified in the Order.