TRANSPORT ACT 1983 No. 9921 of 1983 Version incorporating amendments as at 6 August 2009 Transport Act 1983 - TABLE OF PROVISIONS Section Page PART I-PRELIMINARY 1. Short title and commencement 2. Definitions PART II-ADMINISTRATION Division 1-The Department 3. Repealed Subdivision 1-General 4. Objects and functions of Department 4A. Revenue allocation agreements 5. Contracts for the provision of transport services 6. Powers of Secretary 6A. Particular powers of Secretary 6B. Delegation 6C. Repealed 7. Minister may make use of services of officers etc. of public service or public entities 7A. Secretary to Department subject to Ministerial direction Subdivision 2-Director of Public Transport 8. Director of Public Transport 9. Functions and powers of Director 9AA. Contingency planning for exercise of certain powers 9AB. Director to conduct cost-benefit analysis of relevant rail safety projects 9AC. Guidelines for cost-benefit analysis and consultation 9AD. Director's powers in relation to land 9A. Compulsory acquisition of land 9AAB. Easements 9B. Director may use Crown lands reserved under Crown Land (Reserves) Act 1978. 9BA. Recording of dealings 9C. Clearance of trees etc. 9D. No obligation to fence 9E. Power to break up roads, etc. 9F. Power to install stopping places, etc. 9G. Level crossings 9H. Tram infrastructure 9I. Overhead power supply 9J. Power to stop traffic Subdivision 3-Director, Public Transport Safety 9K. Director, Public Transport Safety 9L. Appointment and terms and conditions 9M. When the Safety Director ceases to hold office 9N. Resignation 9O. Suspension and removal from office for misconduct etc. 9P. Acting appointment 9Q. Validity of acts and decisions 9R. Safety Director not subject to Ministerial direction or control 9S. Immunity 9T. Functions of Safety Director 9U. Powers of Safety Director 9V. Safety Director to have regard to certain objectives 9W. Ministerial direction to investigate public transport safety matters 9X. Staff 9Y. Delegation 9Z. Information disclosure by Safety Director 9ZA. Safety Director to conduct cost-benefit analysis of and consult about mandatory rail safety decisions 9ZB. Guidelines 9ZC. Memoranda of understanding 9ZD. Power to give advice on compliance Subdivision 4-Provisions relating to passenger services 10. Priority of passenger services 11. Public Transport Fund 12. Financial assistance to train drivers following fatal incidents Division 2-Repealed Division 3-Establishment of the Corporation 13-14A. Repealed 15. Roads Corporation 15A. Trading name 15B. Extra territoriality 16. Objects and functions of Roads Corporation Division 3A-Repealed 17-20E. Repealed Division 4-General provisions 21. Officers of Corporations 22-26A. Repealed 27. Incorporation of Corporations 28. Repealed 29. Exemption of officers from liability 30. Management of Roads Corporation 31. Power of Minister to give directions 32. Delegation 33. Repealed Division 5-Other boards and committees 34. Repealed 35. Road Safety Board 36. Consultative committees and regional advisory boards 37. Remuneration and terms and conditions of employment PART IIA-Repealed 37A. Repealed PART III-POWERS OF THE CORPORATION 38. Powers of Corporations 39. Particular powers of Corporations 40-42. Repealed 43. Special acquisition powers of Rail Track with respect to the Loop 44. Repealed 45. Corporations may use Crown lands reserved under Crown Land (Reserves) Act 1978. 46. Grant of unalienated Crown land 47. Surplus land 48-53. Repealed 54. Provisions as to proposed developments along the line of the Loop 55. Repealed 56. Regulations 56A, 56B Repealed PART IV-FINANCIAL Division 1-Budgets and accounts 57. Repealed 58. Minister to set quantitative targets 59. Treasurer or Minister to advise of budgetary guidelines etc. 60. Corporations to prepare budgets 61. Minister to submit budgets 62. Funding of deficit 63. Revised budgets 64. Interim budgets 65. Corporations to provide budgetary information 66. General funds 67. Repealed Division 2-Borrowing powers 68-75. Repealed 76. Financial accommodation 77. Power of Minister to execute guarantee 77A. Power to give a guarantee in relation to a contract assigned by the Secretary 78-81. Repealed 81A. Disposal of assets in exchange for lease Division 3-Borrowing and investment powers of Public Transport Corporation 81B. Repealed PART V-CHIEF INVESTIGATOR, TRANSPORT AND MARINE SAFETY INVESTIGATIONS Division 1-Preliminary matters 82. Object 82A. What is a public transport safety matter? 82B. What is a marine safety matter? 82C. Application of definitions to this Part Division 2-Appointment, functions and general powers 83. Chief Investigator 83A. Principal function 83B. Other functions 83C. Chief Investigator to act independently 83D. General powers 83E. Appointment and terms of office 83F. When the Chief Investigator ceases to hold office 83G. Suspension and removal from office for misconduct etc. 83H. Acting Chief Investigator 83I. Staff 83J. Delegation 83K. Protection of Chief Investigator from liability 83L. Validity of acts and decisions Division 3-Investigations 84. Specific investigation powers-public transport safety matters 84A. Specific investigation powers-marine safety matters 84AB. Chief Investigator may require persons to attend and answer questions 84B. Identity cards Division 4-Reports and miscellaneous matters 85. Reports to be given promptly to the Minister 85A. Consultation before report finalised 85B. Minister may direct that investigation be conducted 85C. Limitations on disclosure etc. of information obtained under this Part 85D. Release of information in the interests of transport safety 85DA. Reports not admissible in evidence 85E. Chief Investigator may authorise non-staff members to have access to information 85F. Confidential reporting of safety information by transport workers 85G. Memorandum of understanding 85H. Chief Investigator may ask Commonwealth official to investigate accident or incident PART VI-LICENSING OF CERTAIN VEHICLES AND DRIVER ACCREDITATION Division 1-General provisions 86. Definitions 87. Operation of motor vehicle as a commercial passenger vehicle or commercial goods vehicle 88. Part to bind Crown 89. Determinations of policy 90. No compensation payable 91. Repealed Divisions 2, 3-Repealed 92-129Y Repealed Division 4-Accreditation of taxi-cab industry participants Subdivision 1-Preliminary 130. Purpose of accreditation 130A. Definitions and interpretative provisions Subdivision 2-Requirement for accreditation 131. Offence for taxi-cab operator not to be accredited 131A. Offence for provider of taxi-cab network services not to be accredited Subdivision 3-Application for accreditation 132. Making of application 132A. Time within which licensing authority must deal with application 132B. Circumstances in which application may be approved 132C. How long accreditation lasts 132D. Mandatory refusal of accreditation 132E. Presumption in favour of refusal of accreditation 132F. Discretionary refusal of accreditation 132G. Notification and reasons to be given if accreditation refused 132H. Disqualification by licensing authority from ability to apply for accreditation Subdivision 4-Accreditation conditions and business and service standards 133. Restrictions and conditions concerning accreditation 133A. Licensing authority may vary, revoke or impose new conditions, restrictions or other limitations 133B. Offence to fail to comply with conditions etc. 133C. Business and service standards Subdivision 5-Certificates of accreditation 134. Issue of certificate of accreditation 134A. Offence not to produce certificate when required Subdivision 6-Disciplinary action and improvement notices 135. When the licensing authority may take disciplinary action 135A. Disciplinary actions that may be taken in relation to accreditations 135B. Procedure for taking disciplinary action 135C. Immediate suspension of accreditation 135D. Effect of suspension of accreditation 135E. Return of certificate of accreditation 135F. Improvement notices 135G. Formal irregularities or defects in notice 135H. Proceedings for offences not affected by improvement notices Subdivision 7-Review of decisions 136. Jurisdiction of VCAT in relation to mandatory refusal or cancellation of accreditation 136A. Review of decision by VCAT 136B. Time period for making application to VCAT Subdivision 8-Miscellaneous 137. Accreditation cannot be transferred 137A. Holder of accreditation to notify of relevant change in circumstances 137B. Surrender of accreditation 137C. False representation in relation to accreditation 137D. Communication with responsible person 137E. Regulations Division 5-Commercial passenger vehicles 138. Application of Division 138A. Repealed 139. Vehicles not to be operated unless licensed 140. Application for licence 141. Public commercial passenger vehicles 141A. Repealed 141B. Restricted hire vehicles 142. Hire cars and special purpose vehicles 143. Taxi-cab licences 143A. Power to make Orders for the granting of taxi-cab licences in taxi-cab zones 143B. Repealed 143C. Review by Tribunal of refusal to grant licence 143D. Condition forbidding transfer of taxi-cab licence 144. Conditions 144A. Determination of taxi fares or hiring rates 145. Classification of vehicles 146. Cancellation or alteration of licences 146AA. Directions 146A. Repealed 146B. Power to vary public commercial passenger vehicle licence 146C. Review by Tribunal of licence cancellation etc. 147. Repealed 147A. Annual licence fees 147B. Setting of fees 148. Repealed 149. Transfers of licences 150. Assignments 150A. Unauthorised person must not trade in taxi-cab licences 151. Use of substitute vehicles where licensed vehicles undergoing repair 152. As to substitution of vehicles generally 153. Cancellation of licence for vehicles 154. Temporary permit 155. Goods vehicle used as passenger vehicle to be licensed 156. Repealed 156A. Effect on taxi-cab licences of certain outcomes 157. Revocation or suspension of licence, permit or certificate 157A, 157B Repealed 158. Offences 158A. Touting 158B. Offences relating to security cameras and privacy of passengers 158C. Agreements in relation to images obtained from security cameras 159. Onus of proof upon defendant in certain cases 160. General penalty 161. Penalty for failure to pay hiring rate 162. Regulations Division 6-Driver accreditation-commercial passenger vehicles and private bus services 163. Interpretation 164. Public care objective 165. Offence to drive certain vehicles without accreditation 166. Director's power to accredit persons 167. Tests, qualifications and other requirements 168. Term and renewal of accreditation 169. Matters to be considered by the Director when issuing or renewing an accreditation 169A. Imposition of conditions on accreditation 169B. Offence to fail to comply with conditions 169C. Disqualification by Director from ability to apply for accreditation 169D. Certificate of accreditation 169E. Mandatory cancellation in certain circumstances 169EA. Mandatory suspension in certain circumstances 169EB. Reinstatement of driver accreditation in certain circumstances where it has been suspended 169EC. Person whose driver licence or probationary licence is suspended or cancelled must notify the Director 169F. Powers of the Director to consider disciplinary action 169G. Notice to holder of accreditation 169H. Submissions to Director 169I. Actions Director may take after consideration 169J. Notice of Director's decision 169K. Interim suspension of accreditation 169L. Re-instatement of accreditation 169M. Compensation for lost income during suspension 169N. Jurisdiction of VCAT as to category 1 offenders 169O. Review of decision by VCAT 169P. Time period for making application for review 169Q. Offence not to sign certificate on receipt 169R. Offence not to notify change of address and give driver accreditation 169S. Offence not to notify of suspension or cancellation of accreditation 169T. Offence not to notify of being charged with, or found guilty of, a disqualifying offence 169U. Offence to retain illegible certificate 169V. Offence to retain certificate if accreditation suspended or cancelled 169W. Offence not to carry certificate when driving 169WA. Operator must not permit non-accredited driver to drive commercial passenger vehicle etc. 169WB. Holder of accreditation must not permit non-accredited driver to drive commercial passenger vehicle etc. 169X. Offence not to produce certificate when asked 169Y. Power of Director to determine fees 169Z. Regulations Divisions 7, 8-Repealed 170-185A Repealed Division 9-Commission investigations 186. Reference by Minister 187. Conduct of investigation 188. Objectives not to apply 189. Powers relating to investigations 190. Reports 191. Application of confidentiality provisions of Essential Services Commission Act 2001. Division 10-Events affecting public transport 192. Meaning of event and organiser 193. Events to which this Division applies 194. Meaning of regular public transport service 195. Organiser must give notice of proposed event 196. Director may ask that a public transport plan be submitted 197. Public transport plans 198. Preparation of public transport plans 199. By when public transport plans to be submitted 200. Director may impose fee 201. Alternative arrangements if time limited 202. Director may waive or reduce time limits 203. Approval of public transport plans 204. Consequences of a failure to comply with this Division 205-207. Repealed PART VII-PROSECUTIONS, ENFORCEMENT AND PENALTIES AND OTHER MATTERS Division 1-Interpretations 208. Definitions Division 2-Transport and ticket infringements 209-211. Repealed 212. Transport and ticket infringements 212A. Offence to falsely represent oneself as an officer of the Roads Corporation 213. Repealed 213A. Administrative costs in respect of ticket infringements 214. Proof of prior convictions or findings of guilt 214A. Differences in penalties 215. Regulations Division 2A-Safety work infringements 215A. Repealed 215B. Safety work infringements 215C. Effect of safety work infringement 215D. Extension of time to object if no actual notice 215E. Application of Infringements Act 2006. 215F. Proof of prior convictions 215G. Regulations Division 3-Enforcement provisions-vehicle inspections 216. Inspection of motor vehicles 217. Powers of officers authorized by Roads Corporation 217A. Additional inspection power concerning heavy vehicles 218-218A Repealed Division 3A-Other enforcement provisions 218B. Power to require names and addresses 219. Power to arrest suspected offenders 219AA-219A Repealed 220. Power to remove offenders Division 4-Regulation of entitlement to use public transport services 220AA. False reports to officers 220A. Offence to dishonestly obtain a ticket etc. 220B. Offence to counterfeit or alter a ticket 220C. Offence to claim exemption or concession if not entitled 220D. Director may determine conditions 220DA. Conditions relating to overseas student travel 221. Information not to be disclosed 221AA. Regulations concerning entitlement to use public transport services Division 4AA-Authorisation of persons for the purposes of enforcement 221A. Authorisation of Departmental authorised officers 221AB. Authorisation of other authorised officers 221B. Application for authorisation 221C. Qualification requirements 221CA. Time limits on section 221AB authorisations 221CB. Scope of authorisation may be limited 221CC. Non-compliance with a limit 221D. Conditions of authorisation 221E. Change of conditions 221F. Non-compliance with a condition 221FA. Clarification of places in which certain authorised officers may operate 221G. Application for renewal of authorisation 221H. Renewal of authorisation 221I. Issue of identity cards 221J. Inquiry into conduct of authorised officer 221K. Effect of suspension 221L. Revocation of authorisation 221M. Tribunal reviews 221N. Authorisations cease to exist in certain circumstances 221O. Return of identity cards 221P. Lost, stolen or destroyed identity cards to be reported 221Q. Replacement of identity cards 221R. Offence to falsely represent oneself as an authorised officer 221S. Application by proposed employee 221T. Investigation by Ombudsman Division 4AAA-Transport safety offences Subdivision 1-Interpretation 221U. Definitions 221V. Exclusion of mistake of fact defence 221W. Statement that mistake of fact defence does not apply not to affect other offences Subdivision 2-Offences 221X. Overdimensional vehicles crossing tracks 221Y. Operators of overdimensional vehicles crossing tracks without permission also guilty of offence 221Z. Reasonable steps defence-reliance on container weight declaration 221ZA. Specification of vehicle limits and fees for overdimensional vehicles crossing tracks 221ZB. Animals on railway tracks 221ZC. Placing things on tracks 221ZD. Mounting a place not intended for travel etc. 221ZE. Travelling in a place not intended for travel etc. 221ZF. Applying brake or emergency device 221ZG. Stopping a rail vehicle or road vehicle 221ZH. Operating equipment 221ZI. Permitting drainage Division 4AB-Further offences 222, 222A Repealed 222B. Interference with prescribed equipment 223. Offence to trespass on land or premises of Roads Corporation or Rail Track 223A-223F Repealed 224. Offence to provide false or misleading information 225. Offence to assault or obstruct officers etc. 225A. Repealed 225B. Offence to impersonate an officer 225C. Offence to offer, give, solicit or accept a bribe 226. Offences by bodies corporate 227. Offences by unincorporated bodies, partnerships etc. 227A. Power of court to require attendance at approved public transport education program 228. General penalty Division 4A-Accreditation of passenger transport companies 228AA. Objective 228AB. Definition 228A. Application for accreditation 228B. Matters to be considered by Director 228C. Giving or refusal of accreditation 228D. Conditions of accreditation 228DA. Accredited companies must comply with conditions 228DB. Offence to employ or engage authorised officer without accreditation under this Division 228E. Change of conditions etc. 228F. Duration of accreditation 228G. Requirement to notify Director about charges, etc. 228H. Notifications 228HA. Audit of certain books and records of accredited companies for compliance purposes 228I. Application for renewal of accreditation 228J. Renewal of accreditation 228K. Nature of accreditation 228L. Repealed 228M. Director not liable for giving accreditation 228N. Supervision of accredited companies 228O. Procedure and powers 228P. Immediate power of suspension 228Q. Effect of suspension, cancellation or failure to renew 228R. Tribunal reviews Division 4B-Enforcement of relevant transport safety laws Subdivision 1-Interpretation 228S. Definitions 228SA. Crown to be bound Subdivision 2-Transport safety officers 228T. Appointment 228U. Identity cards 228V. Return of identity cards 228W. Production of identity card 228X. Transport safety officers subject to Safety Director's direction 228Y. Investigation by Ombudsman of actions etc. of transport safety officers Subdivision 3-Powers of entry 228Z. Power of entry 228ZA. Procedure for entry with consent Subdivision 4-Inspection, inquiry, search and seizure powers 228ZB. General inspection, inquiry and search powers 228ZC. Securing a site 228ZD. Offence to enter secured site 228ZE. Seizure power 228ZF. Use of equipment to examine or process things Subdivision 5-Search warrants 228ZG. Search warrant 228ZH. Seizure of things not mentioned in the warrant 228ZI. Announcement before entry 228ZJ. Copy of warrant to be given to occupier Subdivision 6-Directions 228ZK. Power to require production of documents and related items 228ZL. Direction to provide reasonable assistance 228ZM. Direction to provide certain information 228ZN. Direction to state name and address 228ZO. Directions for the protection of evidence Subdivision 7-Seized things and samples taken 228ZP. Securing seized things 228ZQ. Offence to tamper with seized thing 228ZR. Powers to support seizure 228ZS. Transport safety officer may direct a thing's return 228ZT. Receipt for seized things 228ZU. Copies of certain seized things to be given 228ZV. Return of seized things 228ZW. Magistrates' Court may extend period 228ZX. Forfeiture of seized thing Subdivision 8-Miscellaneous provisions relating to enforcement powers 228ZY. Manner in which transport safety officers may give directions under this Division 228ZZ. Use of force 228ZZA. Use or seizure of electronic equipment 228ZZB. Compensation for damage caused during exercise of powers under this Division Subdivision 9-Improvement notices 228ZZC. Improvement notices 228ZZD. Improvement notices-closures of level crossings, bridges or other structures 228ZZE. Contravention of improvement notice 228ZZF. Amendment of improvement notices 228ZZG. Cancellation of improvement notices 228ZZH. Clearance certificates for improvement notices 228ZZI. Proceedings for offences not affected by improvement notices or clearance certificates Subdivision 10-Prohibition notices 228ZZJ. Prohibition notice 228ZZK. Contravention of prohibition notice 228ZZKA. Oral direction before prohibition notice served 228ZZL. Amendment of prohibition notice 228ZZM. Withdrawal of prohibition notices 228ZZN. Certificates that matters that give rise to immediate risks to safety remedied 228ZZO. Proceedings for offences not affected by prohibition notices or certificates issued under section 228ZZN. Subdivision 11-Other Matters 228ZZP. Self-incrimination not an excuse Subdivision 12-Review of decisions relating to improvement and prohibition notices 228ZZQ. Reviewable decisions 228ZZR. Review by the Safety Director 228ZZS. Review by the Tribunal Division 5-Prosecutions and evidentiary provisions 229. Prosecutions 229A. Who may only bring proceedings for offences against relevant transport safety laws 229B. Limitation period for prosecutions for indictable offences against relevant transport safety laws 230. Evidentiary provisions 230A. Evidentiary certificates-relevant transport safety laws 230AB. Evidentiary provision-smartcards 230AC. Certificate of authorised officer who operated hand held reader 230AD. Certificate in respect of prescribed devices and processes 230AE. Notice by informant 230AF. Notice by defendant 230AG. Informant may adduce evidence in relation to ticket offence 230AH. Regulations Division 6-Sentencing orders in relation to relevant transport safety laws 230B. Commercial benefits penalty order 230C. Supervisory intervention order 230D. Contravention of supervisory intervention order 230DA. Exclusion orders 230DB. Corporations Act displacement 230DC. Contravention of exclusion order 230E. Release on the giving of a safety undertaking 230F. Variation or breach of orders under section 230E. Division 7-Other matters Subdivision 1-Interpretation 230G. Definitions Subdivision 2-Liability 230H. Civil liability not affected by a relevant rail safety duty law 230I. Interaction with the Occupational Health and Safety Act 2004. 230J. Offences by bodies corporate, officers of bodies corporate, partnerships etc. PART VIII-MISCELLANEOUS AND TRANSITIONAL Division 1-Transfer of powers functions assets liabilities and staff 231. Definitions 232. Abolition of former Authorities 233. Transfer of property liabilities contracts debts causes of actions leases etc. to Corporation 234-242. Repealed 243. Contributors to State Employees Retirement Benefits Fund 244. Contributors to Superannuation Fund 244A. Members of Transport Superannuation Fund 245. Contributors to other funds 246. Country Roads Board Division 1A-Transitional provisions 246A. Transport Acts (Amendment) Act 1997. 246B. Rail Corporations (Further Amendment) Act 1998. 246C. Rail Corporations and Transport Acts (Amendment) Act 1999. 246CAA. Rail Safety Act 2006-Authorised officers for drug and alcohol testing Division 1B-Validation 246CA. Definitions 246CB. Authorized officers for the purposes of sections 212 and 213 appointed by MTA and STA 246CC. Authorised officers for the purposes of Division 2 of Part VII appointed by PTC 246CD. Authorised officers for the purposes of section Division 2 of Part VII appointed by Secretary 246CE. Authorized officer for the purposes of section 218 appointed by the MTA or STA 246CF. Authorized officer for the purposes of section 218 or 218B appointed by the PTC under section 218(1) 246CG. Authorised officers for the purposes of section 218B appointed by PTC under that section 246CH. Authorised officers for the purposes of section 218B by Secretary 246CI. Officers of the MTA and STA authorized for the purposes of section 219(2) or (4) 246CJ. Officers of the PTC authorised for the purposes of section 219(2), (4) or (7) 246CK. Officers of the PTC authorised for the purposes of section 219A. 246CL. Relevant employees and authorised officers for the purposes of section 219. 246CM. Authorised persons for the purposes of section 219AA. 246CN. Authorised persons, authorised officers and relevant employees for the purposes of section 220. 246CO. Authorized persons for the purposes of section 221 authorized by MTA or STA 246CP. Authorized persons for the purposes of section 221 authorized by PTC 246CQ. Authorized persons for the purposes of section 221 authorised by the Secretary 246CR. Authorised officers for the purposes of section 221AA. 246CS. Examples of things validated 246CT. Accreditations under Division 4A of Part VII 246CU. Prosecutorial authorisations by the MTA or STA 246CV. Prosecutorial authorisations by the PTC 246CW. Prosecutorial authorisations by the Secretary 246CX. Only things done or purported to have been done under a purported authorisation and appointment validated 246CY. Evidence 246CZ. Delegations generally in relation to authorisations 246CZA. Delegations generally in relation to accreditations 246CZB. Incorrect delegations purportedly under section 6B. 246CZC. No proceedings may be brought 246CZD. Preservation of rights only in certain proceedings Division 2-Miscellaneous 246D. Temporary authorisations for the purposes of Division 4AA of Part VII 246E. Temporary authorisation for the purposes of sections 211 and 218B. 247. Power to Governor in Council to authorize tourist railways 248. Provisions applicable to tourist railways 249. Corporations need not fence 249A. Repealed 249B. Regulations with respect to services operated by a passenger transport company etc. 249C. Repealed 250. Service of documents on natural persons 251. Service of documents on corporations 251A. Sale of lost property found in or on public transport property 251B. Nuisances and noise emissions 252. Determination of differences 253. Revocation of reservations for tramways purposes 253A. Revocation of part of Melbourne Park Reservation for tramways purposes 253B. Further revocation of reservations for tramways purposes 253C. Re-reservation of certain land for Yarra Park 253D. Registrar of Titles to make necessary amendments 254. Acts etc. deemed performed by Road Traffic Authority 254A. Repeal of Part IIA 254B. Transitional provision-Effect of repeal of Part IIA 255. Supreme Court-limitation of jurisdiction 255A. Supreme Court-limitation of jurisdiction 255B. Supreme Court-limitation of jurisdiction 255C. Supreme Court-limitation of jurisdiction 255D. Supreme Court-limitation of jurisdiction 255E. Supreme Court-limitation of jurisdiction 255F. Supreme Court-limitation of jurisdiction 256. Regulations Division 3-Transitional and savings provisions-Transport (Further Amendment) Act 2001. 257. Definitions 258. Transfer of rights and liabilities etc. of PTC to the Secretary on behalf of the Crown 259. List of staff to be transferred 260. Transfer of staff of PTC 261. Savings provision-assignments 262. Savings provision-guarantees 263. Transitional provision-Power to amend or grant further guarantee on assignment of contract Division 4-Savings and transitional provisions-Transport (Rights and Responsibilities) Act 2003. 264. Commencement date 265. Continuation of Departmental authorisations 266. Continuation of Roads Corporation authorisations 267. Continuation of passenger transport and bus company employee authorisations Division 5-Transitional provisions-Transport Legislation (Further Amendment) Act 2006. 268. Definitions 269. Old certificates deemed to be accreditations 270. Saving of accreditations granted by Secretary 271. Saving of agreements etc. Division 6-Transitional provisions-Transport (Taxi-cab Accreditation and Other Amendments) Act 2006. 272. Taxi-cab accreditation 273. Assignments Division 7-Transitional Provisions-Transport Legislation Amendment (Driver and Industry Standards) Act 2008. 274. Accreditations Division 8-Transitional provisions-Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009. 275. Transitional provision-direction to provide reasonable assistance 276. Transitional provision-direction to state name and address __________________ SCHEDULE 1-Repealed SCHEDULE 1A-Provisions Applicable to the Roads Corporation 1. Chief Executive 2. Conditions of office 3. Official seal 4. Validity of acts or decisions SCHEDULE 2-Particular Powers of the Corporation 3-6-Repealed SCHEDULE 7-Covenants to be Included in Deed of Assignment SCHEDULE 8-Repealed SCHEDULE 9-Partial Revocation of Reservation on Yarra Park Land SCHEDULE 10-Partial Revocation of Reservation on Yarra Park Land 11, 12-Repealed --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Transport Act 1983 - PART I PART I PRELIMINARY Transport Act 1983 - SECT 1 Short title and commencement 1. Short title and commencement (1) This Act may be cited as the Transport Act 1983. (2) The several provisions of this Act shall come into operation or be deemed to have come into operation as follows- (a) section 246 shall be deemed to have come into operation on 5 May 1983; (b) Division 7 of Part VI shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette; and (c) the remaining provisions of this Act shall come into operation on 1 July 1983. * * * * * Transport Act 1983 - SECT 2 Definitions 2. Definitions (1) In this Act unless inconsistent with the context or subject-matter- accredited rail operator has the same meaning as in the Rail Safety Act 2006; * * * * * * * * * * * * * * * appointed day means 1 July 1983; * * * * * * * * * * * * * * * Bus Association Victoria means the incorporated association registered as Bus Association Victoria Inc. (registration number A0023338R); bus company means a person or body that has entered into a contract with the Crown, or the Secretary or the Director on behalf of the Crown, for the provision of any transport services (including a service contract within the meaning of the Public Transport Competition Act 1995) but does not include a person or body that is a passenger transport company; business day means a day that is not- (a) a Saturday or a Sunday; or (b) a day that is wholly or partly observed as a public holiday throughout Victoria; Chief Investigator means the Chief Investigator, Transport and Marine Safety Investigations under this Act (see Part V); Commonwealth means Commonwealth of Australia; Corporation means the Roads Corporation; * * * * * Department means the Department of Infrastructure; Director means the Director of Public Transport under this Act; Director of Marine Safety means the Director of Marine Safety referred to in section 63 of the Marine Act 1988; Director, Public Transport Safety or Safety Director means the person appointed under section 9L; entitlement to use a public transport service includes an entitlement to use a public transport service arising under a contract or arrangement with, or under a licence or permission given by, the Public Transport Ticketing Body or a bus company or passenger transport company; * * * * * * * * * * former Corporation means the Public Transport Corporation established under Division 3 of Part 2 of the Transport Act 1983 as in force immediately before the commencement of section 9 of the Transport (Further Amendment) Act 2001; * * * * * * * * * * improvement notice means a notice served under section 228ZZC; land includes any estate, interest, easement, servitude, privilege or right in or over land and strata above or below the surface of land and easements and rights to use strata above or below the surface of land; licensing authority means the Director; * * * * * * * * * * * * * * * mandatory rail safety decision means- (a) a decision of the Safety Director under the Rail Safety Act 2006 whether to- (i) accredit or refuse to accredit- (A) the rail infrastructure operations carried out by a rail infrastructure manager; or (B) the rolling stock operations carried out by a rolling stock operator; or (ii) to impose, vary or revoke a condition or restriction on an accreditation of an accredited rail operator; or (iii) to vary an accreditation of an accredited rail operator; or (b) a decision of the Safety Director or a transport safety officer to- (i) serve an improvement notice; or (ii) amend an improvement notice under section 228ZZF; or (c) a decision of the Safety Director or a transport safety officer to- (i) serve a prohibition notice; or (ii) amend a prohibition notice under section 228ZZL; marine safety matter has the meaning set out in section 82B; * * * * * * * * * * * * * * * * * * * * * * * * * officer means a person for the time being employed in the Department or in or by the Corporation (whether or not that person is employed in the transport service); passenger service has the same meaning as in the Rail Corporations Act 1996; passenger transport company means- * * * * * * * * * * * * * * * (d) V/Line Passenger Corporation; or (e) a train operator; or (f) a tram operator; or (g) a person or body specified in an Order under subsection (2A), subject to any terms and conditions specified in that Order; * * * * * * * * * * prescribed means prescribed by this Act or the regulations; prohibition notice means a notice served under section 228ZZJ; * * * * * public transport property means property that is used by a passenger transport company in the provision of a passenger service or by a bus company in the provision of transport services; public transport safety matter has the meaning set out in section 82A; Public Transport Ticketing Body means- (a) the State body established for the purposes of the State Owned Enterprises Act 1992 by Order in Council made on 17 June 2003 and published in Special Government Gazette S119 on 17 June 2003; or (b) if the State body referred to in paragraph (a) is declared to be a State business corporation (by whatever name called) under the State Owned Enterprises Act 1992, that State business corporation; rail corporation has the same meaning as in the Rail Corporations Act 1996; rail freight operator means- * * * * * (b) a person or body specified in an Order under subsection (2B), subject to any terms and conditions specified in that Order; rail infrastructure has the same meaning as in the Rail Corporations Act 1996; rail infrastructure manager has the same meaning as in the Rail Safety Act 2006; rail infrastructure operations has the same meaning as in the Rail Safety Act 2006; rail operations has the same meaning as in the Rail Safety Act 2006; rail safety recommendation means a recommendation by the Safety Director to the Director for the Director to undertake or fund a relevant rail safety project; Rail Track means Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996; relevant rail safety project means any project undertaken relating to, or connected with, the provision, or operation, of a passenger service or rail freight service; relevant transport safety law means- (a) Divisions 4B and 6 of Part VII or any regulations made under this Act for the purposes of those Divisions; (b) the Rail Safety Act 2006 or any regulations made under that Act; (c) section 93A, 93B or 93C of the Electricity Industry Act 2000; (d) section 149A, 149B or 149C of the Gas Industry Act 2001; (e) Division 4A of Part 4 of the Road Management Act 2004; (f) section 137A, 137B or 137C of the Water Act 1989; (g) section 62A, 62B or 62C of the Water Industry Act 1994; (h) section 23 of the Crimes Act 1958 but only in relation to conduct engaged in by a person on or at, or in the immediate vicinity of, rail infrastructure or rolling stock that places or may place another person in danger of serious injury; road includes bridge, culvert, ferry and ford; * * * * * Roads Corporation means the Roads Corporation established under Part II; rolling stock operations has the same meaning as in the Rail Safety Act 2006; rolling stock operator has the same meaning as in the Rail Safety Act 2006; Secretary means the Secretary to the Department; * * * * * * * * * * * * * * * * * * * * the Loop means the rail tracks and ancillary works authorised to be constructed pursuant to the Melbourne Underground Rail Loop Act 1970; * * * * * train operator, in relation to a provision of this Act, means a body corporate specified in an Order under subsection (2C) to be a train operator for the purposes of that provision; tram infrastructure has the same meaning as in the Rail Corporations Act 1996; tram operator, in relation to a provision of this Act, means a body corporate specified in an Order under subsection (2D) to be a tram operator for the purposes of that provision; transport safety officer means a person appointed under section 228T; * * * * * Treasurer means the Treasurer of Victoria; Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; * * * * * (2) Where a word or phrase is given a particular meaning in this Act, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings. (2A) The Governor in Council, by Order published in the Government Gazette, may declare that a person or body specified in the Order, being a person or body that has entered into a contract with the Crown or the Secretary or the Director on behalf of the Crown for the provision by that person or body of a passenger service, is, on and from a date specified in the Order and subject to any terms and conditions specified in the Order, a passenger transport company for the purposes of this Act. (2B) The Governor in Council, by Order published in the Government Gazette, may declare that a person or body specified in the Order, being a person or body that operates rail freight services, is, on and from a date specified in the Order and subject to any terms and conditions specified in the Order, a rail freight operator for the purposes of this Act. (2C) The Governor in Council, by Order published in the Government Gazette, may declare that a specified body corporate, being a body corporate that- (a) is a party to a lease of rail infrastructure (within the meaning of the Rail Corporations Act 1996) by the Director acting on behalf of the Crown or Rail Track or the Southern Cross Station Authority; or (b) is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that body corporate of a passenger service- is, on and from a specified date, a train operator for the purposes of a specified provision of this Act. (2D) The Governor in Council, by Order published in the Government Gazette, may declare that a specified body corporate, being a body corporate that- (a) is a party to a lease of tram infrastructure (within the meaning of the Rail Corporations Act 1996) by the Director acting on behalf of the Crown or Rail Track or the Southern Cross Station Authority; or (b) is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that body corporate of a passenger service- is, on and from a specified date, a tram operator for the purposes of a specified provision of this Act. (3) If under the Public Administration Act 2004 the name of the Department of Infrastructure is changed, the reference in the definition of Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. * * * * * __________________ Transport Act 1983 - PART II PART II ADMINISTRATION Division 1-The Department * * * * * Subdivision 1-General Transport Act 1983 - SECT 4 Objects and functions of Department 4. Objects and functions of Department (1) The objects of the Department under this Act are- (a) to improve the efficiency and effectiveness of transport facilities and networks to meet the needs of the community; and (b) to ensure that a public transport system is provided in Victoria that is efficient, effective, safe and reliable and has due recognition for the needs and interests of the users of that system and the taxpayers of Victoria; and (c) to ensure the achievement of optimum overall transport outcomes by undertaking integrated transport planning and integrated transport system and service development linked to the overall planning strategies and other policies of the Government. (2) The functions of the Department under this Act are- (aa) to carry out efficiently and effectively any contract for the provision by a person or body of any transport services (including a service contract within the meaning of the Public Transport Competition Act 1995) that is entered into by the Crown or the Secretary or the Director on behalf of the Crown with that person or body or, having been entered into by the former Corporation with that person or body, is subsequently assigned by that Corporation to the Crown or the Secretary or the Director on behalf of the Crown; (a) to develop, improve and co-ordinate the provision of transport services; (b) to formulate transport policies and performance targets; (c) to develop, co-ordinate, implement and monitor strategic plans and resource budgets for the Department and the Corporation; (ca) to develop policy for- (i) public transport safety regulation and related matters; and (ii) the development of legislation relating to public transport safety regulation and related matters; (d) to develop and implement co-ordinated personnel and industrial relations policies for the Corporation; (e) to establish quantitative targets to be attained by the Corporation in the exercise of its functions; (f) to develop, implement and monitor corporate financial management control techniques; (g) to provide specialist property services for the development and sale of property of the Corporation; (h) to provide project management services; (i) to carry out investigations and to promote and undertake research into any matter related to the performance of its functions, powers or duties; (j) to facilitate user, officer and public involvement in developing policies for the improvement, development and better co-ordination of transport; (k) to buy, sell, lease or hire vehicles or other equipment; (l) to lend or otherwise advance money to public or private bodies to assist those bodies to provide, improve or co-ordinate transport services; (m) to assist public or private bodies to construct or improve transport facilities and to provide services ancillary to those facilities; and (n) to do anything incidental or conducive to the performance of its objects and functions. (3) In performing its objects and functions the Department shall have regard to any economic and financial guidelines and criteria established by the Minister administering Part 7 of the Financial Management Act 1994 for the purpose of pursuing efficiency and effectiveness in the use of public sector resources. (4) Employees in the Department shall regularly consult with officers of the Department of Treasury and Finance in order to ensure that the objects and functions of the Department are being performed in a way that is co-ordinated and consistent with similar activities in other sections of the public sector. Transport Act 1983 - SECT 4A Revenue allocation agreements 4A. Revenue allocation agreements (1) The Crown may enter into agreements relating to the allocation of revenue derived from the provision by any person or body of any passenger services or other transport services. (2) An agreement referred to in subsection (1) may be entered into on behalf of the Crown by the Secretary or the Director or the Secretary and the Director acting jointly. Transport Act 1983 - SECT 5 Contracts for the provision of transport services1 5. Contracts for the provision of transport services1 Despite anything to the contrary in this Act, the Secretary or the Director has authority on behalf of the Crown- (a) to enter into a contract with any person or body for the provision by that person or body of any transport services. * * * * * Transport Act 1983 - SECT 6 Powers of Secretary 6. Powers of Secretary (1) The Secretary has power, on behalf of the Crown, to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the performance of the functions of the Department and the achievement of its objects under this Act. (2) The generality of subsection (1) must not be taken to be limited by any other provisions of this Act conferring a power on the Secretary. Transport Act 1983 - SECT 6A Particular powers of Secretary 6A. Particular powers of Secretary (1) The Secretary, on behalf of the Crown, may acquire, hold or dispose of real or personal property in connection with the performance of the functions of the Department and the achievement of its objects under this Act. * * * * * * * * * * (4) The Secretary, on behalf of the Crown, may enter into an agreement referred to in section 4A(1). Transport Act 1983 - SECT 6B Delegation 6B. Delegation The Secretary may with the approval of the Minister, by instrument, delegate to a person by name or to the holder of an office or position any power of the Secretary under section 5, 6 or 6A. * * * * * Transport Act 1983 - SECT 7 Minister may make use of services of officers etc. of public service or public entities 7. Minister may make use of services of officers etc. of public service or public entities For the purposes of this Act the Minister administering this Act with the consent of the Minister administering the Department concerned or (as the case requires) of the body concerned may make use of the services of any officer or employee of the public service or a public entity subject to the agreement of that officer or employee. Transport Act 1983 - SECT 7A Secretary to Department subject to Ministerial direction 7A. Secretary to Department subject to Ministerial direction (1) The Secretary to the Department- (a) is subject to the general direction and control of the Minister; and (b) must comply with any specific direction given by the Minister. (2) The Minister cannot give to the Secretary any direction as to the quantum of any amount payable under section 68 of the Rail Corporations Act 1996 for breach of a civil penalty provision within the meaning of that section. Subdivision 2-Director of Public Transport Transport Act 1983 - SECT 8 Director of Public Transport 8. Director of Public Transport There shall be a Director of Public Transport employed under Part 3 of the Public Administration Act 2004. Transport Act 1983 - SECT 9 Functions and powers of Director 9. Functions and powers of Director (1) The Director has the general administration of arrangements entered into with a body corporate that is a train operator or tram operator. (2) The Director may on behalf of the Crown- (a) acquire, hold or dispose of personal property; (ab) develop or improve land for any purposes relating to, or connected with, the provision of passenger services or other transport services; (b) participate in the formation of a corporation, trust, partnership or other body; (c) subscribe for or otherwise acquire, and hold and dispose of, shares in or debentures or other securities of, a corporation; (d) become a member of a company limited by guarantee; (e) subscribe for or otherwise acquire, and hold and dispose of, units in a trust; (f) acquire, and hold and dispose of, an interest in a partnership or other body; (g) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside the State relating to, or connected with, the provision of passenger services or other transport services; (h) give indemnities, guarantees, releases and charges, and anything else of a similar nature; (i) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information); (j) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right; (k) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; (l) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright. (3) The Director, on behalf of the Crown, also has any other functions and powers conferred on the Director by or under this or any other Act. (4) Without derogating from the Director's functions and powers under subsections (1), (2) and (3) and section 5, the Director may on behalf of the Crown- (a) enter into agreements, leases or licences relating to, or connected with, the provision or operation by a person or body of a passenger service; (b) operate a passenger service; (ba) operate services ancillary or incidental to the operation of a passenger service; (bb) acquire, own, build, maintain and operate rail infrastructure and tram infrastructure; (c) enter into an agreement referred to in section 4A(1); (ca) enter into a service contract under Part 3 of the Public Transport Competition Act 1995; (d) enter into any other agreement, lease or licence or do any other thing that it is necessary or convenient to enter into or do for, or in connection with, or as incidental to, the performance of his or her functions. (4A) The Director must perform or exercise his or her functions referred to in this section in a safe, efficient and commercial manner. (5) The Director must comply with any directions given by the Minister. (6) Neither the Minister nor the Secretary can give to the Director any direction as to the quantum of any amount payable under section 68 of the Rail Corporations Act 1996 for breach of a civil penalty provision within the meaning of that section. (7) The Director may, by instrument, delegate to a person by name or to the holder of an office any function or power of the Director other than this power of delegation. (8) The Director is deemed to have been authorised- (a) to give any indemnity, guarantee, release, charge or thing of a similar nature that was given by the Director before the date of commencement of section 31 of the Transport Legislation (Further Miscellaneous Amendments) Act 2005; and (b) to have done anything referred to in paragraphs (i), (j), (k) and (l) that was done by the Director before that date. Transport Act 1983 - SECT 9AA Contingency planning for exercise of certain powers 9AA. Contingency planning for exercise of certain powers The Director must develop and maintain a contingency plan for the possible exercise of a power under section 9(4)(b) or 9(4)(ba). Transport Act 1983 - SECT 9AB Director to conduct cost-benefit analysis of relevant rail safety projects 9AB. Director to conduct cost-benefit analysis of relevant rail safety projects (1) This section applies to a relevant rail safety project- (a) in relation to which the Safety Director makes a rail safety recommendation; and (b) the Director considers may have the effect of resulting in significant costs or expenses being incurred by the Crown. (2) The Director, before undertaking or funding a relevant rail safety project the subject of a rail safety recommendation, must- (a) conduct or cause to be conducted a cost-benefit analysis of the relevant rail safety project; and (b) consult with- (i) the Premier, the Treasurer and any other Minister whose area of responsibility may be affected by the proposed rail safety project; and (ii) any other person specified in guidelines prepared under section 9AC. (3) The cost-benefit analysis and consultation must be conducted- (a) in accordance with guidelines prepared under section 9AC; and (b) before the Director undertakes or funds the relevant rail safety project. Transport Act 1983 - SECT 9AC Guidelines for cost-benefit analysis and consultation 9AC. Guidelines for cost-benefit analysis and consultation (1) The Minister may prepare guidelines for the purposes of cost-benefit analyses and consultation conducted under section 9AB. (2) Before preparing guidelines under this section the Minister must consult with the Premier and the Treasurer. (3) Guidelines prepared under this section may- (a) include guidelines about the methodology to applied in a cost-benefit analysis conducted under section 9AB; (b) require the Director to obtain an independent assessment about the methodology to be applied in a cost-benefit analysis that is conducted under section 9AB; (c) include guidelines about the procedure for consultation under section 9AB. Transport Act 1983 - SECT 9AD Director's powers in relation to land 9AD. Director's powers in relation to land (1) The Director may, on behalf of the Crown- (a) acquire, hold or dispose of land; and (b) otherwise deal with any land held by the Director. (2) Any acquisition (including any compulsory acquisition under section 9A) or disposition of or other dealing with land by the Director on behalf of the Crown must be made in the name of "Director of Public Transport". (3) Without limiting subsection (1), the Director may, on behalf of the Crown, dispose of or otherwise deal with land that is held by the Director and was acquired under this Act in the name of "Director of Public Transport" by any person who previously held, acted in or performed the duties of, the office of Director. Transport Act 1983 - SECT 9A Compulsory acquisition of land 9A. Compulsory acquisition of land (1) Subject to the approval of the Minister, the Director may on behalf of the Crown compulsorily acquire any land which is or may be required by the Director for or in connection with the performance of his or her functions or the exercise of his or her powers. (2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose- (a) the Transport Act 1983 is the special Act; and (b) the Director is the Authority; and (c) land includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land; and (d) section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority to enter any land and section 75(6) did not apply. (3) In full or part settlement of any compensation that the Director is liable to pay, the Director may on behalf of the Crown- (a) transfer a building from land owned by a person entitled to the compensation to other land owned either by that person or by the Director on behalf of the Crown; or (b) transfer a building from land owned by the Director on behalf of the Crown to other land owned either by the Director on behalf of the Crown or by a person entitled to the compensation. (4) If the Director acquires any land compulsorily under this section- (a) the Director may on behalf of the Crown require the owner of the land to take any land adjoining it that is owned by the Director on behalf of the Crown and is no longer required by the Director on behalf of the Crown; and (b) the value of that adjoining land must be deducted from any sum to be paid by way of compensation to the owner for the compulsory acquisition; and (c) if that value cannot be agreed between the Director on behalf of the Crown and the owner it must be settled in the same manner and at the same time as the compensation to be paid to the owner. * * * * * Transport Act 1983 - SECT 9AAB Easements 9AAB. Easements (1) If any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by the Director on behalf of the Crown, it is deemed for all purposes to be an easement even though there is no land vested in or held by the Director on behalf of the Crown that is in fact benefited or capable of being benefited by that right. (2) If by or under this Act any private right of way or easement is extinguished or any easement is acquired by the Director on behalf of the Crown- (a) the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and (b) the holder of any relevant certificate of title must deliver it to the Registrar of Titles. (3) Subsection (2) does not apply to an easement acquired compulsorily by the Director on behalf of the Crown. Transport Act 1983 - SECT 9B Director may use Crown lands reserved under Crown Land (Reserves) Act 1978 9B. Director may use Crown lands reserved under Crown Land (Reserves) Act 1978 (1) The Director, with the approval of the Minister administering the Land Act 1958 (the relevant Minister) given after consultation with any other Ministers concerned with the management or use of the land, may on behalf of the Crown use any Crown land for transport purposes. (2) If any Crown land proposed to be so used by the Director is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use, the Director must not use the land unless and until the reservation is revoked in accordance with section 9 of that Act. Transport Act 1983 - SECT 9BA Recording of dealings 9BA. Recording of dealings (1) If the Director acquires any land on behalf of the Crown, any recording in the Register by the Registrar of Titles of the acquisition must be made in the name of "Director of Public Transport" as registered proprietor. (2) If the Director, on behalf of the Crown, disposes of or otherwise deals with any land held in the name of "Director of Public Transport", any recording in the Register by the Registrar of Titles of the disposition or dealing must be made in the name of "Director of Public Transport". (3) If the Director, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land, the Registrar must make any recording in relation to that dealing in the name of "Director of Public Transport". (4) To avoid doubt, land acquired in fee simple by the Director on behalf of the Crown is Crown land. (5) Despite subsection (4) and anything to the contrary in the Land Act 1958 or the Transfer of Land Act 1958, if land acquired by the Director on behalf of the Crown- (a) is under the operation of the Transfer of Land Act 1958, it remains under the operation of that Act; and (b) is not under the operation of the Transfer of Land Act 1958, it may be brought under the operation of that Act. Transport Act 1983 - SECT 9C Clearance of trees etc. 9C. Clearance of trees etc. (1) This section applies if any tree or wood in the vicinity of a railway track operated or maintained by the Director on behalf of the Crown poses a risk to the safety of anyone on, or using, the railway track. Examples The following trees pose a risk to the safety of a person using a railway track- (a) a tree that obstructs a view of a signal box from a portion of the track; (b) a tree near the middle of a curve of the track that restricts the view of the track of anyone entering the curve; (c) a tree whose roots are underneath the track. (1A) The Director may, on behalf of the Crown, by written notice, require the owner or occupier of any land on which the tree or wood is situated to fell and remove the tree or wood. (2) Notice under subsection (1A) may be served on an owner or occupier- (a) personally; or (b) by sending it by post to the owner or occupier at that person's usual or last known residential or business address; or (c) by leaving it at the usual or last known residential or business address of the owner or occupier with a person on the premises who is apparently at least 16 years old and apparently residing or employed there; or (d) in a manner prescribed by any other Act or law for service on a person or class of person of the same type as the owner or occupier; or (e) if the identity or address of the owner or occupier is not known- (i) by displaying it on the land; and (ii) by publishing a copy of it and a description of the land in a newspaper circulating generally in Victoria. (3) In exercising a power under subsection (1A), the Director must act reasonably. (4) If the owner or occupier of the land does not comply with the notice within the time specified in the notice, the Director may- (a) enter the land at any reasonable time and carry out the work specified in the notice; and (b) recover on behalf of the Crown the cost of carrying out the work from the owner or occupier as a debt. (5) A power of the Director under this section may be exercised by- (a) the Director personally; or (b) any other person who is authorised in writing by the Director; or (c) any officer or employee of a person referred to in paragraph (b). (6) Any person acting under subsection (1A) or (4) may fell or remove any tree or wood that is the subject of a notice under subsection (1A) without the need to obtain a permit under any relevant planning scheme under the Planning and Environment Act 1987, despite anything to the contrary in or under that Act. Transport Act 1983 - SECT 9D No obligation to fence 9D. No obligation to fence (1) Despite any Act or rule of law to the contrary, neither the Director nor the Crown- (a) is required to fence or contribute to the fencing of any portion of a railway or tramway; (b) is liable for any damage that may be caused by reason of any railway or tramway not being fenced in or fenced off. (2) The Director may, but is not obliged to, erect and maintain such fences in connection with a railway or tramway as he or she thinks proper. Transport Act 1983 - SECT 9E Power to break up roads, etc. 9E. Power to break up roads, etc. (1) Subject to the Road Management Act 2004, the Director may on behalf of the Crown- (a) open and break up, and divert traffic from, any public road within the meaning of the Road Management Act 2004 on or adjacent to which there is rail infrastructure or tram infrastructure that is operated or maintained by the Director on behalf of the Crown; and (b) take possession of, and use, the whole or any portion of that public road. (2) In exercising a power under subsection (1), the Director must act reasonably. (3) A power of the Director under this section may be exercised by- (a) the Director personally; or (b) any other person who is authorised in writing by the Director; or (c) any officer or employee of a person referred to in paragraph (b). $$A Transport Act 1983 - SECT 9F Power to install stopping places, etc. 9F. Power to install stopping places, etc. (1) Subject to the Road Management Act 2004, the Director may on behalf of the Crown install, remove or re-locate stopping places and associated facilities for passenger services on any public road within the meaning of the Road Management Act 2004 on or adjacent to which there is tram infrastructure that is operated or maintained by the Director on behalf of the Crown. (2) In exercising a power under subsection (1), the Director must act reasonably. (3) A power of the Director under this section may be exercised by- (a) the Director personally; or (b) any other person who is authorised in writing by the Director; or (c) any officer or employee of a person referred to in paragraph (b). Transport Act 1983 - SECT 9G Level crossings 9G. Level crossings (1) Despite anything to the contrary in any other Act or law, the Director may on behalf of the Crown- (a) use level crossings connecting parts of the rail infrastructure or tram infrastructure to which an agreement, lease or licence relating to, or connected with, a service provided by or on behalf of the Director applies (being an agreement, lease or licence entered into between the Director on behalf of the Crown and Rail Track) subject to and in accordance with that agreement, lease or licence; and (b) close the level crossing to road traffic while the railway track or tramway track is in use, subject to and in accordance with that agreement, lease or licence. (2) A power of the Director under this section may be exercised by the Director personally or by a person authorised in accordance with the agreement, lease or licence referred to in subsection (1) to exercise a power conferred on the Director under this section, subject to any terms and conditions specified in the authorisation. Transport Act 1983 - SECT 9H Tram infrastructure 9H. Tram infrastructure (1) Despite anything to the contrary in any other Act or law, the Director may on behalf of the Crown use tram infrastructure to which an agreement, lease or licence relating to, or connected with, a passenger service provided by or on behalf of the Director applies (being an agreement, lease or licence entered into between the Director on behalf of the Crown and Rail Track) subject to and in accordance with that agreement, lease or licence. (2) A power of the Director under this section may be exercised by the Director personally or by a person authorised in accordance with the agreement, lease or licence referred to in subsection (1) to exercise a power conferred on the Director under this section, subject to any terms and conditions specified in the authorisation. (3) Nothing in this section is to be taken as limiting any other power of the Director, including the Director's powers under section 9(4)(bb). Transport Act 1983 - SECT 9I Overhead power supply CT 9I. Overhead power supply (1) Subject to the Road Management Act 2004, the Director may on behalf of the Crown install, remove or relocate rail infrastructure or tram infrastructure consisting of structures comprising or supporting overhead electrical power supply systems situated on or over, or partly on or over, property of the Roads Corporation or the municipal council. (2) In exercising a power under subsection (1), the Director must act reasonably. (3) A power of the Director under this section may be exercised by- (a) the Director personally; or (b) any other person who is authorised in writing by the Director; or (c) any officer or employee of a person referred to in paragraph (b). Transport Act 1983 - SECT 9J Power to stop traffic 9J. Power to stop traffic (1) Subject to the Road Management Act 2004, the Director, subject to the agreement, lease or licence relating to, or connected with, the provision of a service or to a lease of rail infrastructure or tram infrastructure (being an agreement, lease or licence entered into between the Director on behalf of the Crown and Rail Track)- (a) may stop traffic in circumstances where it is reasonably necessary to do so; (b) in an emergency, may stop traffic. (2) In exercising a power under subsection (1), the Director must act reasonably. (3) A power of the Director under this section may be exercised by the Director personally or by a person authorised in accordance with the agreement, lease or licence referred to in subsection (1) to exercise a power conferred on the Director under this section, subject to any terms and conditions specified in the authorisation. Subdivision 3-Director, Public Transport Safety Transport Act 1983 - SECT 9K Director, Public Transport Safety 9K. Director, Public Transport Safety There is to be a Director, Public Transport Safety. Transport Act 1983 - SECT 9L Appointment and terms and conditions 9L. Appointment and terms and conditions (1) The Director, Public Transport Safety is to be appointed by the Governor in Council, and may be appointed for a period of up to 5 years. (2) A person appointed as the Director, Public Transport Safety is to hold office on the terms and conditions (including remuneration and allowances) set out in the instrument by which he or she was appointed. (3) A person who holds, or has held, the office of Director, Public Transport Safety may be re-appointed. (4) A person who is the Director, Public Transport Safety is not, in respect of his or her office as the Director, Public Transport Safety, subject to the Public Administration Act 2004. Transport Act 1983 - SECT 9M When the Safety Director ceases to hold office 9M. When the Safety Director ceases to hold office A person ceases to be the Director, Public Transport Safety- (a) at the expiry of his or her term of office; or (b) if he or she resigns in accordance with section 9N; or (c) if he or she ceases to hold office under section 9O; or (d) if he or she becomes an insolvent under administration; or (e) if he or she is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or (f) if he or she nominates for election as a member of the Parliament of any jurisdiction. Transport Act 1983 - SECT 9N Resignation 9N. Resignation The Director, Public Transport Safety may resign from office by notice in writing signed by him or her and delivered to the Minister. Transport Act 1983 - SECT 9O Suspension and removal from office for misconduct etc. 9O. Suspension and removal from office for misconduct etc. (1) The Governor in Council may suspend a person from office as the Director, Public Transport Safety on the recommendation of the Minister. (2) The Minister may make such a recommendation if he or she is of the opinion that the person- (a) is incapable (because of disability or otherwise) of performing his or her functions or duties as the Director, Public Transport Safety; or (b) has refused or neglected to perform his or functions or duties as the Director, Public Transport Safety; or (c) has engaged in misconduct; or (d) is otherwise unfit to continue to be the Director, Public Transport Safety. (3) Before making such a recommendation in relation to a person, the Minister must- (a) give the person written notice that the Minister is considering making such a recommendation, together with details of the reasons why the recommendation is being considered; and (b) consider any submissions made to him or her by, or on behalf of, the person in response to the notice. (4) If the Governor in Council suspends a person as the Director, Public Transport Safety, the Minister must, on or before the 3rd sitting day of each House of Parliament after that suspension, ensure that a statement of the grounds for the making of the recommendation that the person be suspended is laid before the House. (5) A person ceases to hold office as the Director, Public Transport Safety if each House of Parliament declares by resolution, passed within 7 sitting days of the House after the laying before it of the statement, that he or she should cease to hold office. (6) The suspension of a person as the Director, Public Transport Safety ceases- (a) if a resolution that he or she should cease to hold office is defeated before either House of Parliament; or (b) if such a resolution is not passed by each House of Parliament within 7 sitting days of the House after the laying before it of the statement. (7) If a person is suspended from office under this section, he or she remains entitled to his or her remuneration and allowances as the Director, Public Transport Safety during the period of suspension. Transport Act 1983 - SECT 9P Acting appointment 9P. Acting appointment (1) The Governor in Council may appoint a person to act in the office of Director, Public Transport Safety- (a) during a vacancy in that office; or (b) during a period or all periods when the person holding that office is absent from duty or is, for any reason, unable to perform the duties of the office. (2) An appointment under subsection (1) is for the period, not exceeding 6 months, that is specified in the instrument of appointment. (3) The Governor in Council may at any time remove the acting Director, Public Transport Safety from office. (4) While a person is acting in the office of the Director, Public Transport Safety in accordance with this section, the person- (a) has, and may exercise, all the powers and must perform all the duties of that office under this Act, the Rail Safety Act 2006, the Public Transport Competition Act 1995 or any other Act; and (b) is entitled to be paid the remuneration and allowances that the Director, Public Transport Safety would have been entitled to for performing those duties. Transport Act 1983 - SECT 9Q Validity of acts and decisions 9Q. Validity of acts and decisions An act or decision of the Director, Public Transport Safety or acting Director, Public Transport Safety is not invalid only because- (a) of a defect or irregularity in or in connection with his or her appointment; or (b) in the case of an acting Director, Public Transport Safety, that the occasion for so acting had not arisen or had ceased. Transport Act 1983 - SECT 9R Safety Director not subject to Ministerial direction or control 9R. Safety Director not subject to Ministerial direction or control Subject to sections 9U(2) and 9W, the Director, Public Transport Safety, when performing or exercising his or her functions or powers, is not subject to the direction and control of the Minister. Transport Act 1983 - SECT 9S Immunity 9S. Immunity (1) The Director, Public Transport Safety, or acting Director, Public Transport Safety, is not personally liable for anything done or omitted to be done in good faith- (a) in the exercise of a power or the discharge of a duty under a relevant transport safety law; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under a relevant transport safety law. (2) Any liability resulting from an act or omission that would, but for subsection (1), attach to the Director, Public Transport Safety or acting Director, Public Transport Safety attaches instead to the Crown. Transport Act 1983 - SECT 9T Functions of Safety Director 9T. Functions of Safety Director (1) The Director, Public Transport Safety has the following functions- (a) any functions conferred on the Director, Public Transport Safety by- (i) this Act, the Rail Safety Act 2006, the Public Transport Competition Act 1995 or any other Act; (ii) regulations made under this Act, the Rail Safety Act 2006, the Public Transport Competition Act 1995 or any other Act; (b) make recommendations to the Minister with respect to- (i) the operation, administration and enforcement of this Subdivision and Divisions 4B, 6 and 7 of Part VII and regulations made under this Act for the purposes of this Subdivision or those Divisions; (ii) the operation, administration and enforcement of the Rail Safety Act 2006 and regulations made under that Act; (iii) regulations made under the Rail Safety Act 2006 or under this Act for the purposes of this Subdivision or Divisions 4B, 6 and 7 of Part VII; (iv) codes of practice that the Minister proposes to approve under Part 8 of the Rail Safety Act 2006 or Part 2 of the Public Transport Competition Act 1995; (c) advise and make recommendations to the Minister in respect of matters relating to the safe operation of public transport in the State; (d) investigate and report on public transport safety matters; (e) prepare- (i) codes of practice (including codes of practice for approval by the Minister under Part 8 of the Rail Safety Act 2006 or Part 2 of the Public Transport Competition Act 1995); and (ii) guidelines- to provide practical guidance to accredited rail operators and any other person who may be placed under an obligation or duty by or under a relevant transport safety law; (f) promote education and training by- (i) devising, in co-operation with educational and other bodies, courses in public transport safety; and (ii) approving courses in public transport safety (whether or not devised in co-operation with another body); and (iii) facilitating access to those courses; and (iv) initiating or promoting events such as conferences and forums, and the publication of information, relating to public transport safety; (g) collect information and data relating to public transport safety matters; (h) promote awareness in the rail transport industry (including rail safety workers) and among the public about rail safety initiatives; (i) develop policy in relation to the administration of public transport safety regulation. (2) The functions of the Director, Public Transport Safety do not include the function of developing policy for- (a) public transport safety regulation and related matters; and (b) the development of legislation relating to public transport safety regulation and related matters. (3) However, the Director, Public Transport Safety may advise or comment on the development of policy referred to in subsection (2). Transport Act 1983 - SECT 9U Powers of Safety Director 9U. Powers of Safety Director (1) The Director, Public Transport Safety may do all things that are necessary or convenient to enable him or her to carry out his or her functions. (2) Subject to the approval of the Minister, the Director, Public Transport Safety may on behalf of the Crown- (a) acquire, hold or dispose of real or personal property; (b) enter into any agreement, lease or licence; (c) participate in the formation of a corporation, trust, partnership or other body; (d) subscribe for or otherwise acquire, and hold and dispose of, shares in or debentures or other securities of, a corporation; (e) become a member of a company limited by guarantee; (f) subscribe for or otherwise acquire, and hold and dispose of, units in a trust; (g) acquire, and hold and dispose of, an interest in a partnership or other body; (h) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the Director, Public Transport Safety; (i) engage consultants, contractors or agents. (3) The Director, Public Transport Safety may perform or exercise his or her functions or powers within or outside Victoria. Transport Act 1983 - SECT 9V Safety Director to have regard to certain objectives 9V. Safety Director to have regard to certain objectives In performing or exercising his or her functions or powers, the Director, Public Transport Safety must have regard to- (a) ensuring that the public transport system achieves the highest safety standards reasonably practicable; and (b) ensuring that societal costs are assessed and considered such that the benefits resulting from performing or exercising a function or power are proportionate to those costs; and (c) the objects of the Rail Safety Act 2006 set out in section 11 of that Act. Transport Act 1983 - SECT 9W Ministerial direction to investigate public transport safety matters 9W. Ministerial direction to investigate public transport safety matters (1) The Minister may direct the Director, Public Transport Safety to investigate a public transport safety matter. (2) The Minister must not give a direction under this section- (a) that directs the Director, Public Transport Safety as to how to conduct an investigation into a public transport safety matter; or (b) that directs the Director, Public Transport Safety as to which persons the Director, Public Transport Safety may request or direct to assist him or her in investigating a public transport safety matter; or (c) about the outcome of any investigation into a public transport safety matter; or (d) that directs the Director, Public Transport Safety to stop investigating any public transport safety matter. (3) A direction under this section- (a) must be published in the Government Gazette; and (b) takes effect on it being published in the Government Gazette. (4) The Minister must cause to be laid before each House of Parliament a copy of a direction under this section on or before the 3rd sitting day of the House after the direction is published in the Government Gazette. (5) The Director, Public Transport Safety must comply with a direction given under this section. Transport Act 1983 - SECT 9X Staff 9X. Staff There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary to enable the Director, Public Transport Safety to carry out his or her functions. Transport Act 1983 - SECT 9Y Delegation 9Y. Delegation The Director, Public Transport Safety may, by instrument, delegate any of his or her functions or powers under this Act, the Rail Safety Act 2006 or the Public Transport Competition Act 1995 (other than this power of delegation) to- (a) a transport safety officer; or (b) any employee employed under Part 3 of the Public Administration Act 2004 to enable the Director, Public Transport Safety to carry out his or her functions; or (c) a consultant, contractor or agent engaged by him or her. Transport Act 1983 - SECT 9Z Information disclosure by Safety Director 9Z. Information disclosure by Safety Director (1) The Safety Director may, if the Safety Director thinks it necessary for the safe operation of public transport, disclose information obtained or collected by the Safety Director in the performance or exercise of his or her functions or powers under this or any other Act to any other person. (2) The Safety Director may, if he or she thinks it desirable for the promotion of the safe operation of public transport, publish any information, including a report arising out of- (a) an investigation by him or her of a public transport safety matter; or (b) an inquiry under section 59 of the Rail Safety Act 2006. (3) A publication under subsection (2) must not identify a person by name. Transport Act 1983 - SECT 9ZA Safety Director to conduct cost-benefit analysis of and consult about mandatory rail safety decisions 9ZA. Safety Director to conduct cost-benefit analysis of and consult about mandatory rail safety decisions (1) This section applies to a mandatory rail safety decision that may result in significant costs or expenses being incurred by a person whose interests are affected by the decision. (2) The Safety Director must- (a) conduct or cause to be conducted a cost-benefit analysis of a mandatory rail safety decision; and (b) consult with- (i) the Premier, the Treasurer and any other Minister whose area of responsibility may be affected by a mandatory rail safety decision; and (ii) the person whose interests are affected by a mandatory rail safety decision. (3) The cost-benefit analysis and consultation must be conducted- (a) in accordance with guidelines prepared under section 9ZB; and (b) before a mandatory rail safety decision is made unless the Safety Director considers the mandatory rail safety decision must be made immediately to protect public safety. (4) If a mandatory rail safety decision is made immediately to protect public safety, the cost-benefit analysis and consultation must be conducted as soon as practicable after the decision is made. Transport Act 1983 - SECT 9ZB Guidelines 9ZB. Guidelines (1) The Minister may prepare guidelines for the purposes of cost-benefit analyses and consultation conducted under section 9ZA. (2) Before preparing guidelines under this section the Minister must consult with the Premier and the Treasurer. (3) Guidelines prepared under this section- (a) may include guidelines about the methodology to be applied in an analysis conducted under section 9ZA; and (b) may require the Safety Director to obtain an independent assessment about the methodology to be applied in a cost-benefit analysis conducted under section 9ZA; and (c) must include guidelines about the procedure for consultation under section 9ZA. Transport Act 1983 - SECT 9ZC Memoranda of understanding 9ZC. Memoranda of understanding (1) The Safety Director may enter into a memorandum of understanding with the Chief Investigator, or any other person or body that is permitted by the regulations, about the performance or exercise of their respective functions or powers. (2) A memorandum of understanding- (a) must include such matters, if any, required by the regulations; and (b) may include any other matters that the parties to the memorandum consider appropriate. (3) The Safety Director must ensure that a memorandum of understanding that he or she enters into is published- (a) in the Government Gazette; and (b) on the internet. Transport Act 1983 - SECT 9ZD Power to give advice on compliance 9ZD. Power to give advice on compliance (1) The Safety Director may give advice to a person who has a duty or obligation under a relevant transport safety law about complying with that duty or obligation. (2) The giving of such advice by the Safety Director does not give rise to- (a) any liability of, or other claim against, the Safety Director; or (b) any right, expectation, duty or obligation that would not otherwise be conferred or imposed on the person given the advice; or (c) any defence that would not otherwise be available to that person. (3) The Safety Director's power under this section to give advice may also be exercised by a transport safety officer or, if the Safety Director authorises any other person to exercise the power, that other person. Subdivision 4-Provisions relating to passenger services Transport Act 1983 - SECT 10 Priority of passenger services 10. Priority of passenger services (1) If- (a) an agreement relating to the provision or operation of passenger services entered into between the Director on behalf of the Crown and a train operator provides for the Director to require or approve a change in the timetable for a passenger service provided by the train operator; and (b) in accordance with that agreement the Director requires or approves a timetable change; and (c) in order to provide the passenger service to which the timetable change relates, the train operator requires use of rail transport services or declared rail transport services; and (d) the train operator is- (i) a party to an agreement relating to the provision of those rail transport services or declared rail transport services; or (ia) an access provider bound by a binding access arrangement relating to the provision of those rail transport services or declared rail transport services; or (ii) an access provider bound by a dispute resolution decision relating to the provision of those rail transport services or declared rail transport services- then- (e) the person that is the operator for the purposes of Part 2A of the Rail Corporations Act 1996 of the rail infrastructure used to provide those rail transport services or declared rail transport services (in this section referred to as the rail infrastructure operator) must provide the train operator with such services as are necessary to enable the train operator to provide the passenger service in accordance with the timetable change; or (f) if the train operator and the rail infrastructure operator are the same person, the train operator may use those services to the extent necessary to enable the train operator to provide the passenger service in accordance with the timetable change. (2) Subsection (1) applies even if the use by the train operator of the rail transport services and declared rail transport services may- (a) interfere with an existing use by the rail infrastructure operator of the rail transport services or declared rail transport services for the provision by that operator of a rail transport service other than a passenger service or a service that is predominantly a passenger service (in this section referred to as a non-passenger service); or (b) interfere with an existing right of another person to use the rail transport services or declared rail transport services (as the case may be) to provide a non-passenger service. (3) Subsection (1) is subject to- (a) any existing use by the rail infrastructure operator of the rail transport services or declared rail transport services for the provision of, or predominantly for the provision of, a passenger service by that operator; or (b) any existing right of a train operator to use the rail transport services or declared rail transport services for the provision of, or predominantly for the provision of, a passenger service. (4) Nothing in subsection (2) or (3) affects any provision of an agreement or a dispute resolution decision referred to in subsection (1)(d) relating to a right to use rail transport services or declared rail transport services referred to in subsection (2)(b) or (3)(b) which specifies the respective rights or obligations of- (a) in the case of an agreement, binding access arrangement, the parties to the agreement; or (ab) in the case of a binding access arrangement, the access provider and any access seeker; or (b) in the case of a dispute resolution decision, the parties bound by that decision- as a result of- (c) any interference with an existing use or right arising from the operation of this section; or (d) the Director requiring or approving a timetable change in accordance with an agreement referred to in subsection (1)(a). (5) Subject to the terms of any agreement, binding access agreement, or a dispute resolution decision relating to a right referred to in subsection (2)(b), if the operation of this section interferes with that right, the rail infrastructure operator must use all reasonable endeavours to provide alternative rail transport services or declared rail transport services (as the case requires) to the person whose right to use those services is interfered with so as to minimise that interference. (6) In deciding whether to require or approve a timetable change in accordance with an agreement referred to in subsection (1)(a), the Director must have regard to the objective of ensuring that the provision of a passenger service has priority over any non-passenger service unless, in the particular circumstances, the interference with a non-passenger service resulting from according that priority would in the opinion of the Director be serious and unreasonable. (7) In this section access provider, access seeker, binding access arrangement, dispute resolution decision, rail transport service and declared rail transport service have the meanings given to them under section 38A of the Rail Corporations Act 1996. Transport Act 1983 - SECT 11 Public Transport Fund 11. Public Transport Fund (1) There shall be established in the Trust Fund an account to be known as the "Public Transport Fund". (2) There shall be paid into the Public Transport Fund- (a) all amounts received under agreements, leases or licences entered into by or on behalf of the Crown relating to, or connected with, passenger services or other transport services; (b) all amounts allocated to the Crown in accordance with any agreement referred to in section 4A(1); (c) any income from the investment of money standing to the credit of the Fund and the proceeds of sale of any investment; (d) money appropriated by the Parliament for the purposes of the Fund; (e) any other money directed by the Treasurer to be paid into the Fund. (3) There shall be paid out of the Public Transport Fund- (a) all amounts payable by or on behalf of the Crown in accordance with agreements, leases or licences relating to passenger services or other transport services; (b) any other amounts authorised under this or any other Act to be paid out of the Fund. (4) Money standing to the credit of the Public Transport Fund may be invested in any manner in which trust funds may be invested under the Trustee Act 1958. Transport Act 1983 - SECT 12 Financial assistance to train drivers following fatal incidents 12. Financial assistance to train drivers following fatal incidents (1) The Director of Public Transport must grant to a train driver engaged by a train operator an amount of financial assistance equal to the prescribed amount if the Director is satisfied that the train driver is eligible under this section to be awarded that amount. (2) A train driver is eligible under this section to be awarded financial assistance if- (a) the train driver was driving a train that was involved in an incident in which one or more persons died either by being struck by the train or by being in a vehicle struck by a train; and (b) the incident occurred on or after the commencement of section 9 of the Transport Legislation Amendment Act 2007. (3) A train driver is not eligible for financial assistance under this section if the train driver was convicted or found guilty of an offence under Part 6 of the Rail Safety Act 2006 involving alcohol or drugs in relation to the incident. (4) The financial assistance granted under this section must be paid out of the Public Transport Fund as a lump sum. (5) Despite anything to the contrary in the Accident Compensation Act 1985 or the Transport Accident Act 1986, a grant of financial assistance under this section is not to be taken into account in determining any amount of compensation, assistance or payment of any kind that the train driver is entitled to receive under either of those Acts. Note The financial assistance that a train driver has been awarded or is eligible to be awarded under this section is to be taken into account to reduce the amount of financial assistance awarded to the train driver under the Victims of Crime Assistance Act 1996. See section 16(ac) of that Act. (6) In this section the prescribed amount of financial assistance is $1300 or any higher amount that is prescribed as the maximum amount for the purposes of section 8A of the Victims of Crime Assistance Act 1996 in relation to a category C act of violence. * * * * * Division 3-Establishment of the Corporation * * * * * * * * * * * * * * * Transport Act 1983 - SECT 15 Roads Corporation 15. Roads Corporation (1) There is established a Roads Corporation. (2) The Roads Corporation consists of one member appointed by the Governor in Council as Chief Executive of the Roads Corporation. (3) Schedule 1A applies to the Roads Corporation. Transport Act 1983 - SECT 15A Trading name 15A. Trading name Despite anything to the contrary in the Business Names Act 1962 or any other Act or law, the Roads Corporation may carry on business under the name "VicRoads". Transport Act 1983 - SECT 15B Extra territoriality 15B. Extra territoriality Subject to any directions given, and conditions imposed, by the Minister, the Roads Corporation may also perform its functions and exercise its powers outside Victoria and outside Australia. Transport Act 1983 - SECT 16 Objects and functions of Roads Corporation 16. Objects and functions of Roads Corporation (1) The Roads Corporation has the following functions- (a) to maintain, upgrade, vary and extend the State's declared road network in accordance with the Road Management Act 2004; (b) in conjunction with municipalities, to assist in the maintenance, upgrading and construction of other roads; (c) to purchase, design, construct, erect, install, maintain and operate traffic signals and other traffic facilities for the purposes of traffic management and control; (d) to determine load limits and advisory speed limits for any road, bridge or culvert and to determine maximum speed limits for travel on roads under construction or repair or over bridges or culverts; (e) to provide and maintain roadside reserves adjacent to any road for the use or enjoyment of people using that road; (f) to establish guidelines and requirements for the issue of vehicle mass and dimension permits; (g) to provide registration and licensing procedures and systems in connection with transport; (h) to develop and implement road safety strategies, and to develop, promote and administer road safety education and training programs; (i) to develop and implement traffic management strategies and practices; (j) to specify road accident prevention practices and to promote the adoption of those practices within the community; (k) to develop and supervise regulations applicable to road traffic; (l) to compete for work on the open market; (m) to investigate and to promote and undertake research into any matter related to the performance of its functions, powers or duties. (2) In addition to its powers, duties and functions under this Act, the Roads Corporation has any powers, duties and functions that are conferred on it by the Chattel Securities Act 1987, the Road Safety Act 1986, the Road Management Act 2004, the Accident Towing Services Act 2007 and any other Act. (3) In the exercise of its functions, the Roads Corporation must have regard to the achievement of the following objects- (a) to make use of available transport resources in ways which are most beneficial to the community and with due regard to the enhancement of the environment; (b) to operate within Government policy; (c) to achieve the efficient and safe movement of road traffic; (d) to improve the community's awareness of road safety strategies and practices; (e) to improve and simplify registration and licensing procedures and systems; (f) to improve the State's principal road network to facilitate the efficient vehicular movement of people and goods; (g) to improve productivity; (h) to establish and maintain a satisfying work environment which ensures the broadest range of opportunities for career development and job enrichment; (i) to achieve an efficient and dynamic organisation by implementing appropriate technological and other changes through a process of consultation beginning at the contemplative stage; (j) to maintain an effective decentralised organisation and to delegate decision making to appropriate levels in the Corporation; (k) to maintain harmonious relations between management and staff and employee organisations through a process of effective consultation and participation in decision making; (l) to develop and train all personnel to carry out their duties and responsibilities effectively and efficiently, to interact with the public in a helpful and courteous manner and to enhance their work skills; (m) to maintain a high level of motivation, performance, team work and safe working practices and to develop a sense of commitment to the organisation with employment conditions in keeping with community standards; (n) to facilitate accountability at all levels within the Corporation by maintaining suitable information and reporting systems; (o) to manage its assets effectively, including real estate, to protect future options and to provide for the planning, design, construction and management of new infrastructure and facilities as required; (q) to minimise interference to the community arising from the construction and maintenance activities of the Corporation; (r) to provide mechanisms and full information to enable effective and timely participation by the community in decision making about facilities, services and road works. * * * * * * * * * * Division 4-General provisions Transport Act 1983 - SECT 21 Officers of Corporations 21. Officers of Corporations (1) The Corporation may from time to time employ such persons as are necessary for the carrying out of the objects, functions, powers and duties of the Corporation. (2) Persons employed by the Corporation shall be employed on the terms and conditions determined by the Corporation and approved by the Minister. * * * * * * * * * * Transport Act 1983 - SECT 27 Incorporation of Corporations 27. Incorporation of Corporations The Corporation shall be a body corporate- (a) having perpetual succession and an official seal; (b) being capable in law of- (i) suing and being sued in the name of the Corporation; (ii) purchasing, taking, holding, selling, leasing, taking on lease, exchanging or disposing of real or personal property for the purposes of this Act; and (iii) doing or suffering all other acts or things which a body corporate may by law do or suffer. * * * * * Transport Act 1983 - SECT 29 Exemption of officers from liability 29. Exemption of officers from liability The Chief Executive or an officer of the Corporation shall not be subject to any action, liability, claim or demand for any matter or thing done or contract entered into by the Corporation if the matter or thing is done or contract is entered into in good faith for the purposes of carrying out a power or duty of the Corporation under this Act. Transport Act 1983 - SECT 30 Management of Roads Corporation 30. Management of Roads Corporation (1) The Chief Executive of the Roads Corporation is responsible for the management of the affairs of the Corporation. (2) The Minister must appoint a Board to advise the Chief Executive of the Roads Corporation. * * * * * (4) The members of the Roads Corporation Board shall be- (a) the Chief Executive of the Corporation; and (b) eleven other members appointed by the Minister of whom- (i) one is a nominee of the Minister; and (ii) three are elected by the officers of the Corporation; and (iii) one has knowledge of and experience in employment in the transport industry; and (iv) one has knowledge of and experience in the use of passenger cars; and (v) one is selected from a panel of 3 names submitted to the Minister by the Victorian Road Transport Association; and (vi) one is a councillor of a municipality; and (vii) one is a member of the Victoria Police Force; and (viii) one is selected from a panel of 3 names submitted to the Minister by the Victorian Farmers Federation; and (ix) one is selected from a panel of 3 names submitted to the Minister by the Royal Automobile Club of Victoria. (5) A person is not entitled to be elected as a member of the Board of the Roads Corporation by the officers of the Corporation unless the person is an officer for the time being employed in carrying out duties for the Corporation or a person performing duties for a union or association which represents the officers of that Corporation. (6) The Chief Executive of the Corporation is the Chairperson of the Board. (7) The Minister must determine the terms of reference of the Board. (8) The Minister must, for each member of the Board other than the Chairperson, determine- (a) any remuneration and travelling and other allowances of the member, having regard to the rate of remuneration and other allowances for the time being payable to members of statutory corporations; and (b) all other terms and conditions of appointment of the member. (9) If a body that is requested to submit a panel of names under subsection (4)(b) fails to do so on or before the date specified by the Minister when making the request, the Minister may, without that submission, appoint a person to fill the vacancy. Transport Act 1983 - SECT 31 Power of Minister to give directions 31. Power of Minister to give directions (1) The Corporation must exercise its powers and discharge its duties subject to the general direction and control of the Minister, and to any specific directions given by the Minister. (2) Where the Corporation has been given a direction by the Minister it may cause that direction to be published in the Government Gazette. Transport Act 1983 - SECT 32 Delegation 32. Delegation (1) The Minister may delegate to any person employed under this Act or the regulations any of his powers or duties under this Act or section 98 of the Road Safety Act 1986, other than- (a) this power of delegation; (b) his power to make determinations under section 89 of this Act; and (c) his power to give directions under section 31 of this Act. (1A) The Secretary may, by instrument, delegate to- (a) an officer or other person by name; or (b) the holder of an office or position; or (c) a body- any power of the Secretary conferred by or under this Act or by or under section 33 of the Road Safety Act 1986, other than a power under section 5, 6 or 6A of this Act and this power of delegation. (2) The Corporation may delegate any power or duty of the Corporation under this Act or any other Act or the regulations, other than this power of delegation, to- (a) an officer of the Corporation either by name or by reference to the officer's office only (and where the reference is to the office only the holder for the time being of the office shall be the delegate); (b) an employee in the Department of Infrastructure either by name or by reference to the employee's position only. * * * * * * * * * * * * * * * (4) The instrument of delegation shall specify the period of time during which the delegation of the power or duty or function may be exercised or, where the person or body giving the delegation has resolved that the delegation shall be exercisable for an unlimited period of time, the instrument shall so specify. (5) The person or body giving the delegation may vary or revoke a delegation made by him or it. (6) A power or duty or function delegated by a person or body shall be exercised or performed in accordance with the instrument of delegation and shall be subject to the conditions and limitations specified in the instrument of delegation. (7) The delegation of a power or duty or function by a person or body does not prevent the exercise of the power or the performance of the duty or function by the person or body giving the delegation. (8) Any act or thing done in performance of a duty or function or the exercise of a power by the delegate under subsection (1) has the same force and effect as if it had been done by the person or body giving the delegation. (9) No act of a delegate done within the scope of a delegation under this section during the period in which that delegation remains in force shall be invalidated by reason of a later revocation or variation of the delegation. (10) Where a power or duty or function which has been delegated requires that the delegator reach an opinion belief or decision in relation to any matter then the opinion belief or decision may be that of the person to whom the power or duty or function has been delegated. * * * * * Division 5-Other boards and committees * * * * * Transport Act 1983 - SECT 35 Road Safety Board 35. Road Safety Board (1) There shall be a Road Safety Board. (2) The Road Safety Board shall report to the Roads Corporation. (3) The members of the Road Safety Board shall be appointed by the Minister on such terms and conditions as he sees fit. (4) The Road Safety Board may regulate its own procedure. Transport Act 1983 - SECT 36 Consultative committees and regional advisory boards 36. Consultative committees and regional advisory boards (1) The Minister may from time to time establish consultative committees and regional advisory boards. (2) The Minister shall give notice in the Government Gazette of the establishment of each consultative committee or regional advisory board. (3) A consultative committee or regional advisory board may, in a like manner, be dissolved. (4) The Minister shall determine the terms of reference of each consultative committee or regional advisory board and shall appoint the persons who are to constitute the committee or board. (5) Each consultative committee and regional advisory board may regulate its own procedure. Transport Act 1983 - SECT 37 Remuneration and terms and conditions of employment 37. Remuneration and terms and conditions of employment The Minister shall for each member of the Road Safety Board, any consultative committee and any regional advisory board, determine- (a) the remuneration (if any) and the travelling and other allowances of the member (having regard to the rate of remuneration and other allowances for the time being payable to members of statutory corporations); and (b) all other terms and conditions of appointment of the member. __________________ * * * * * __________________ Transport Act 1983 - PART III PART III POWERS OF THE CORPORATION Transport Act 1983 - SECT 38 Powers of Corporations 38. Powers of Corporations (1) The Corporation has power to do all things that are necessary or convenient to be done for or in connexion with, or as incidental to, the performance of its functions and the achievement of its objects. (2) The generality of subsection (1) shall not be taken to be limited by any other provisions of this Act conferring a power on the Corporation. Transport Act 1983 - SECT 39 Particular powers of Corporations 39. Particular powers of Corporations (1) The powers of the Corporation include the powers set out in Schedule 2. * * * * * * * * * * * * * * * * * * * * Transport Act 1983 - SECT 43 Special acquisition powers of Rail Track with respect to the Loop 43. Special acquisition powers of Rail Track with respect to the Loop (1) Rail Track may- (a) purchase or, with the approval of the Minister, compulsorily acquire any land in the City of Melbourne shown hatched in Schedule 3 to the Melbourne Underground Rail Loop Act 1970; (b) purchase any land in the City of Melbourne shown hatched in Schedule 4 to the Melbourne Underground Rail Loop Act 1970 and, with the approval of the Minister, compulsorily acquire the right, title or interest in any street, lane or road set out on that land. (2) Notwithstanding anything in this or any other Act, compensation shall not be payable by Rail Track in respect of any lands used by that Corporation to complete the construction of the Loop under, over or upon any lands comprised in any public or private road, street or way or any public place or any lands vested in or controlled by any person or body corporate or unincorporate for public purposes. * * * * * Transport Act 1983 - SECT 45 Corporations may use Crown lands reserved under Crown Land (Reserves) Act 1978 45. Corporations may use Crown lands reserved under Crown Land (Reserves) Act 1978 (1) The Corporation may, with the approval of the Minister administering the Land Act 1958 (in this section referred to as the relevant Minister) given after consultation with any other Ministers concerned with the management or use of the land, use any Crown land for transport purposes. (2) Where any Crown land proposed to be so used by the Corporation is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use, the Corporation shall not use the land unless and until the reservation is revoked in accordance with section 9 of that Act. (3) The Corporation shall make compensation, in respect of the use under this section by the Corporation of any Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose inconsistent with that use, in such manner and to such extent as are agreed upon by the Corporation and the relevant Minister. (4) An agreement under subsection (3) may provide for- (a) the payment by the Corporation of a sum of money as agreed upon by the Corporation and the relevant Minister; (b) the undertaking of works or making of provision by the Corporation in place of any improvements on the land as agreed upon by the Corporation and the relevant Minister; or (c) both the payment of a sum of money in accordance with paragraph (a) and the undertaking of works or making of provision in accordance with paragraph (b). (5) Where an agreement under subsection (3) provides for the payment of a sum of money, that money shall, unless the relevant Minister otherwise directs, be paid to him. (6) The relevant Minister may direct that money to be paid under an agreement under subsection (3) shall be paid to- (a) the trustees in whom or the municipal council in which the land is vested; (b) the committee of management appointed in respect of the land; (c) the authority under whose control and management the land has been placed pursuant to section 18 of the Crown Land (Reserves) Act 1978; or (d) such other person or persons as are agreed upon by the Corporation and the relevant Minister- and may further direct how the money shall be applied. (7) Where any dispute arises as to the amount of any sum of money payable under this section, that dispute shall be determined by the Governor in Council. Transport Act 1983 - SECT 46 Grant of unalienated Crown land 46. Grant of unalienated Crown land Where any land vested in the Corporation pursuant to this Act was immediately prior to its use for transport purposes unalienated land of the Crown whether set apart as a government road or not, the Governor in Council, subject to section 8 of the Crown Land (Reserves) Act 1978 or to section 349 of the Land Act 1958 (as the case requires) on the recommendation of the Minister administering the Land Act 1958 may grant that land to the Corporation subject to such conditions, exceptions and reservations as the Governor in Council thinks fit. Transport Act 1983 - SECT 47 Surplus land 47. Surplus land (1) In this section surplus land means land which is vested in the Corporation but which is no longer required by the Corporation for or in connexion with the performance of its functions. (2) The Corporation may with the approval of the Minister- (a) sell any surplus land; (b) grant leases of any surplus land or, in the case of leases to the National Rail Corporation Limited or a rail corporation (within the meaning of the Rail Corporations Act 1996), any land, and may do so notwithstanding that the land is land which was granted to the Corporation or to any other person subject to a trust or condition requiring it to be used for some particular purpose or land temporarily or permanently reserved for any purpose under the Crown Land (Reserves) Act 1978 or any previous Act relating to Crown land; or (c) develop any surplus land and for this purpose may- (i) subdivide and re-subdivide the land; (ii) consolidate the title to the land; (iii) grant or create in favour of any person any easement over the land upon such terms and conditions as the Corporation thinks fit; (iv) effect or arrange with other persons for the development of the land upon such terms and conditions as the Corporation thinks fit; (v) maintain, operate and manage or arrange with other persons to maintain, operate and manage the land and any buildings, works, structures and other property on the land; or (vi) promote a Property Trust and- (A) with the consent of the Minister administering Part 7 of the Financial Management Act 1994, subscribe for or otherwise acquire and dispose of any unit or units in the Trust; (B) enter into arrangements with the Trust for the management by the Corporation of the Trust; (C) enter into such contracts with the Trust as the Corporation deems necessary to guarantee to unit holders in the Trust an agreed return; (D) make such loans to the Trust on such terms as the Corporation thinks fit. (3) Any Property Trust promoted under this section shall provide that the trustees shall be appointed by the Minister. (4) In this section develop means improve land for any commercial or civic or other public or private purpose and includes the construction, demolition or substantial alteration of any structure in or upon the land or the excavation of the land. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Transport Act 1983 - SECT 54 Provisions as to proposed developments along the line of the Loop $$NSECT 54. Provisions as to proposed developments along the line of the Loop (1) Any person who proposes to develop any land along or in the immediate proximity of the Loop shall before commencing the development and without in any way limiting his obligation under any other Act to obtain any other approval or consent submit to Rail Track full details of his proposed development and shall comply with any conditions imposed by Rail Track which it thinks may be necessary for the protection of the Loop or the proposed development. (2) If in the case of any development there is a breach of subsection (1), Rail Track may by notice in writing to the owner of the land to which the breach relates require- (a) the demolition of the whole or any part of any structure; (b) the making of any additions or extensions to or alterations of any structure; or (c) the carrying out of any other work upon above or below the surface of the land which Rail Track thinks may be necessary for the protection of the Loop or the development. (3) A notice given pursuant to subsection (2) shall specify a day (being, except in the case of an emergency, not less than 30 days after the day on which it is given) before which the notice is to be complied with. (4) If any notice given pursuant to subsection (2) is not complied with by the day so specified, Rail Track may without any further notice enter upon the land and carry out the works required by the notice. (5) The costs and expenses of carrying out any work pursuant to subsection (4) shall be a civil debt recoverable summarily by Rail Track from the owner of the land in any court of competent jurisdiction. (6) Nothing in this section shall limit any rights of Rail Track to have any development restrained in consequence of a breach of this section or otherwise. (7) In this section develop any land means erect or demolish any structure in or upon the land, alter any such structure substantially or excavate the land. * * * * * Transport Act 1983 - SECT 56 Regulations 56. Regulations (1) The Governor in Council may make regulations for or with respect to- (a) generally regulating and controlling the carrying out of any works or undertaking by the Roads Corporation, a passenger transport company or rail freight operator; (b) prohibiting conduct in relation to, or regulating the conduct of anyone in or on, any vehicle or place belonging to, or under the control of, Rail Track, the Roads Corporation, a passenger transport company, a rail freight operator or a bus company, including, for example, prohibiting or regulating the following conduct on the vehicle or place- (i) littering; (ii) gambling; (iii) graffiti; (iv) damage to property; (v) the possession of open containers of liquor or containers that purport to contain liquor; (vi) the crossing of railway tracks and tramway tracks in specified circumstances; (ba) providing for the removal and disposal of open containers of liquor, or containers that purport to contain liquor, in or on those vehicles or places; (c) preventing interference with or damage to any property, works or undertaking belonging to or under the control of the Roads Corporation, a passenger transport company or rail freight operator; (ca) preventing interference with or damage to any vehicle belonging to or under the control of a bus company; (d) prohibiting the discharge of sewage or drainage onto any land or premises the property of the Roads Corporation or Rail Track; (e) preventing trespassing upon any land or premises the property of the Roads Corporation or Rail Track or under the control of the Director or of a passenger transport company or rail freight operator; (f) excluding or removing persons, animals or vehicles or specified classes of persons, animals or vehicles from any land or premises the property of the Roads Corporation or Rail Track or under the control of the Director or of a passenger transport company or rail freight operator; (g) prescribing the persons or classes of persons permitted to leave vehicles standing upon any parking area provided by the Roads Corporation and the periods for which and the conditions under which vehicles may be so left standing; (ga) in relation to the parking of vehicles on any place belonging to, or under the control of, Rail Track, a passenger transport company, a rail freight operator or a bus company- (i) regulating the circumstances in which the parking may occur, including, for example- (A) specifying the conditions and restrictions to which the parking is subject, or to which it may be made subject (including the payment of fees and whether owner onus applies); (B) providing for different provisions or conditions and restrictions to apply to different areas of the place; (ii) providing for signs and marks, and for control devices such as barriers and devices to restrict entry or exit; (iii) specifying the legal effects of signs, marks and devices, and the evidence that is sufficient to prove their existence and effect; (iv) providing for authorised officers to require an occupant, or an intending occupant, of a vehicle at the place to produce evidence that any condition or restriction applying to parking at that place has been complied with; (v) providing for the person in control of the place, any person acting on behalf of that person and authorised officers to give directions in relation to the parking of a vehicle at the place (including directions that the vehicle not be parked at the place, or that the vehicle be removed from the place) to the owner or driver of the vehicle, regardless of whether the person is in the vehicle, and regardless of where the person giving the direction is at the time that the direction is given; (vi) authorising the person in control of the place, or an authorised officer, to do anything that is necessary to enable the enforcement of regulations made under this paragraph; (h) regulating and controlling the placing by persons of refuse, rubbish or other materials on land or premises the property of the Roads Corporation or Rail Track or under the control of the Director or of a passenger transport company or rail freight operator and the removal from such land or premises of refuse, rubbish or other materials; (i) the filling up by the Roads Corporation of any excavation made by any person on land the property of that Corporation; (j) the recovery by the Roads Corporation in the Magistrates' Court from the persons responsible of expenses incurred by that Corporation in removing refuse, rubbish or material placed on land or premises the property of that Corporation or in filling up any excavation made by any person on land the property of that Corporation in contravention of regulations made under this Part; (k) regulating and controlling noise and other emissions from land the property of the Roads Corporation or Rail Track or under the control of the Director or of a passenger transport company or rail freight operator and the manner of recording and measuring any noise or emission and the instruments to be used therefor; (l) the conditions upon which passengers and goods shall be carried or other services provided and prohibiting the carriage or delivery for carriage of dangerous goods other than dangerous goods within the meaning of the Dangerous Goods Act 1985 where that Act deals with their carriage or delivery for carriage; (m) the requirements to be observed and the precautions to be taken in connexion with the carriage or delivery for carriage of dangerous goods other than dangerous goods within the meaning of the Dangerous Goods Act 1985 where that Act deals with their carriage or delivery for carriage; (ma) prohibiting entry onto any specified land or premises the property of a passenger transport company or Rail Track by persons not holding a ticket authorising that entry; * * * * * * * * * * (p) regulating the disposal of unclaimed goods and the passing of title therein; (q) regulating the manner of crossing any line of railway on the level and prescribing the charges to be demanded in respect of any such crossing; and (r) generally prescribing any matter or thing that by this Part or Division 4, 4AA or 4A of Part VII is authorized or required or permitted to be prescribed or that is necessary to be prescribed for carrying out or giving effect to this Part or Division 4, 4AA or 4A of Part VII or giving effect to the powers conferred on a passenger transport company, Rail Track or the Roads Corporation by this Part or on the Secretary by Division 4, 4AA or 4A of Part VII. (2) The Governor in Council may make regulations for or with respect to- (a) regulating or prohibiting the digging up of any road; (b) prohibiting the driving, drawing or carrying over any road of a greater mass than that fixed by the Roads Corporation; (c) preventing interference with or damage to the soil, pavement flags, sods or other materials of any road or any fence on any road or any scrapings of any road or sand on any road; (d) prohibiting the discharge onto any road of sewage or drainage; (e) preventing interference with or damage to any guide-post, bridge hand-rail, sign, notice, light or other fixture or equipment situated or placed upon any road; (f) regulating or prohibiting the making of any building, hedge, ditch, fence, hole, heap, drain or obstruction on, across or in any road; (g) keeping any road clear from all seedlings, suckers and other off-sets from any hedge or live fence and preventing any branch thereof from overhanging the road; (h) regulating or prohibiting the erection and construction of hoardings on or in the vicinity of declared roads or regulating, restricting, preventing or controlling the exhibition of advertisements on or in the vicinity of declared roads; (i) requiring the droving of live stock along stock routes and prohibiting or regulating the droving of live stock along roads or the carriageway of roads in cases where roads or sections thereof in the vicinity of those roads or where parts of those roads have been proclaimed to be stock routes; (j) prohibiting or regulating excavating and blasting operations in the vicinity of any road; (k) prohibiting or regulating the removal of grass growing on any road or the seed of such grass; (l) preventing the cutting, breaking, barking, rooting up or otherwise destroying, damaging or removing of the whole or any part of any tree, sapling, shrub, underwood or timber in or upon any road without the written permission of the Roads Corporation; (m) conferring upon the Roads Corporation with respect to roads any right, power, protection, privilege or obligation relating to the construction, improvement or maintenance of roads conferred upon a municipal council by any Act relating to local government; (n) impounding cattle which are on any part of any State highway, main road, freeway, tourists' road or metropolitan bridge; (o) preventing a municipal council from causing to be sealed any plan of subdivision of land abutting on a freeway or a proposed freeway except with the consent in writing of the Roads Corporation or, in any case where the Roads Corporation has failed or refused so to consent, of the Governor in Council; (p) the manner of entering, crossing or leaving any freeway; (q) prohibiting or regulating the taking or entering or being upon any freeway of any animal; (r) the removal of dead animals or of vehicles abandoned or left standing on any land or premises the property of the Corporation or on any part of a declared road or any other road maintained by the Roads Corporation and the recovery of the cost of their removal and regulating the storage and disposal of such vehicles and the passing of title therein and providing for the recovery of the cost of their storage and disposal; (s) permitting or prohibiting the use of freeways or any freeway or any class of freeways by traffic or any class of traffic; (t) prohibiting or regulating the parking of vehicles on freeways or any freeway or any class of freeways; (u) generally providing for the control, management and proper use of freeways; * * * * * * * * * * (z) regulating the use of roadside reserves and requiring such charges as are approved by the Minister to be paid by persons using roadside reserves or facilities on roadside reserves. (3) Regulations made under this Part- (a) may be of general or of specially limited application; (b) may differ according to differences in time, place or circumstance; (c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Roads Corporation or any government department, municipal council or other public authority or by any officer thereof; (d) may confer powers or impose duties in connexion with the regulations on the Roads Corporation or passenger transport company or bus company or any government department, municipal council, responsible authority under the Planning and Environment Act 1987 or other public authority or on any officer thereof or on the owner or occupier of any land, building or premises or on any other person whomsoever; (e) may apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act, as in force at a particular time or as in force from time to time; (f) may appoint fees which may be charged and received by the Roads Corporation or passenger transport company or bus company for any permit which may be granted under the regulations by that Corporation or passenger transport company or bus company; (g) may provide that an application may be made to the Tribunal for review of a decision of the Roads Corporation or an officer of the Roads Corporation or for a declaration concerning the validity of any such decision; and (h) may impose a penalty not exceeding 20 penalty units for any contravention of or failure to comply with the regulations. (3A) A reference in subsection (1) to- (a) a passenger transport company is a reference to such a company only in its capacity as a provider of a passenger service; and (ab) a bus company is a reference to such a company only in its capacity as a provider of transport services; and (b) a rail freight operator is a reference to such an operator only in its capacity as an operator of rail freight services- and regulations cannot be made under that subsection that have any effect in relation to such a company or operator in the performance by it of any other function or the exercise by it of any other power. (4) A reference in subsection (2)- (a) to a road includes a road under construction; and (b) to land the property of the Roads Corporation includes land taken or used by the Roads Corporation on which a highway is proposed to be or is being constructed. (5) A reference to parking in subsection (1)(ga) includes a reference to leaving a vehicle standing. * * * * * * * * * * * * * * * __________________ Transport Act 1983 - PART IV PART IV FINANCIAL Division 1-Budgets and accounts * * * * * Transport Act 1983 - SECT 58 Minister to set quantitative targets 58. Minister to set quantitative targets (1) The Minister shall after consultation with the Corporation make a written determination of the quantitative targets to be attained by the Corporation in a financial year. (2) The Minister shall cause a copy of every determination of quantitative targets made by him under subsection (1) to be served on the Corporation as soon as practicable after it is made. (3) The Minister may at any time amend a determination of quantitative targets made by him under subsection (1) and shall cause a copy of every such amendment to be served on the Corporation. (4) Any reference in this Act to quantitative targets determined by the Minister under subsection (1) shall be construed as a reference to those quantitative targets as amended from time to time by the Minister under subsection (3). (5) The Corporation shall so far as is practicable in each financial year attain the quantitative targets determined by the Minister under subsection (1) in relation to that financial year. (6) A copy of every determination of quantitative targets made by the Minister under subsection (1) and a copy of every amendment of such a determination made by the Minister under subsection (3) shall be laid before both Houses of Parliament as soon as may be after it has been served on the Corporation. Transport Act 1983 - SECT 59 Treasurer or Minister to advise of budgetary guidelines etc. 59. Treasurer or Minister to advise of budgetary guidelines etc. To assist the Corporation in the preparation of its budgets for the next financial year the Treasurer or the Minister administering Part 7 of the Financial Management Act 1994 (or the Treasurer and that Minister acting jointly, as the case requires) shall as soon as practicable after 1 May supply to the Minister information as to any guidelines, targets and parameters to be taken into account in such preparation and the Minister shall inform the Corporation accordingly. Transport Act 1983 - SECT 60 Corporations to prepare budgets 60. Corporations to prepare budgets (1) Before such date as may be fixed by the Minister the Corporation shall submit to the Minister an operating budget and a capital works budget for the relevant financial year. (2) The budget shall be in such form and contain such matter as is required by the Minister after consultation with the Minister administering Part 7 of the Financial Management Act 1994. (3) The Minister shall consider the budgets submitted by the Corporation and shall as soon as practicable advise the Corporation as to whether he approves the budgets or approves the budgets as amended by him. (4) The Corporation shall operate within the budgets as approved by the Minister for the Corporation for the relevant financial year. (5) Where, during the course of a financial year, a change has occurred in the budgetary situation of the Corporation which, in the view of the Corporation or of the Minister is judged to be a significant change, or where the Minister deems it necessary, the Corporation shall submit to the Minister on its own initiative or at the Minister's direction, a revised budget for the remainder of the year and the Minister shall consider that revised budget and shall, as soon as practicable, advise the Corporation as to whether he approves the revised budget or approves a revised budget as amended by him. (6) The Corporation shall operate within the revised budget, if any, from the date that the revised budget is approved by the Minister for the remainder of the financial year. (7) The Corporation shall provide to the Minister in such form and containing such matter and within such time or times as the Minister directs such information as the Minister may request from time to time relating to the budgetary position, finances, cash position, manpower position or other factors relevant to the Corporation's operations or capital works programme for the year or for any ensuing year or years. Transport Act 1983 - SECT 61 Minister to submit budgets 61. Minister to submit budgets Before the Minister approves any budget or revised budget pursuant to section 60 he shall- (a) submit the budgets he proposes to approve for the Corporation for the whole financial year to the Minister administering Part 7 of the Financial Management Act 1994 for that Minister's consideration and approval; and (b) submit to the Minister administering Part 7 of the Financial Management Act 1994 any proposed revised budget for a portion of a financial year for that Minister's consideration and approval together with an estimate of the result of the budgets for the Corporation for which a revised budget is not proposed. Transport Act 1983 - SECT 62 Funding of deficit 62. Funding of deficit Where, pursuant to section 61, the Treasurer has approved the budgets for the Corporation for the whole financial year as submitted or with any amendments agreed to by the Minister, the Minister administering Part 7 of the Financial Management Act 1994 and the Treasurer, and either or both of those budgets include a deficit the Treasurer and the Minister, the Minister administering Part 7 of that Act shall consider how that deficit shall be funded. Transport Act 1983 - SECT 63 Revised budgets 63. Revised budgets Where, during the course of a year, the Minister has submitted to the Treasurer and the Minister administering Part 7 of the Financial Management Act 1994 a proposed revised budget for the Corporation for the remainder of the year the Minister, the Minister administering Part 7 of that Act and the Treasurer shall consider that revised budget and the method of funding any changes in deficits in the budget of the Corporation which result from those agreements. Transport Act 1983 - SECT 64 Interim budgets 64. Interim budgets (1) If at the commencement of a financial year the budget for the Corporation has not been approved pursuant to section 61 the Corporation shall operate within an interim budget agreed to by the Minister, the Minister administering Part 7 of the Financial Management Act 1994 and the Treasurer and any deficit included in that interim budget may be funded in whole or in part by any appropriation available for the purpose. (2) An interim budget shall lapse when a final budget is approved for the Corporation pursuant to section 61. Transport Act 1983 - SECT 65 Corporations to provide budgetary information 65. Corporations to provide budgetary information Where the Minister administering Part 7 of the Financial Management Act 1994, through the Minister, requests any information relating to the budgets or budgetary or financial position of the Corporation, the Corporation shall as soon as possible provide that information as far as is practicable. Transport Act 1983 - SECT 66 General funds 66. General funds (1) The Corporation shall establish a general fund. (2) The Corporation shall with the approval of the Minister administering Part 7 of the Financial Management Act 1994 open and maintain accounts with any authorised deposit-taking institution or institutions within the meaning of the Banking Act 1959 of the Commonwealth and shall maintain at all times at least one such account to be used for the purposes of its general fund. (3) Subject to subsection (4), the Corporation shall pay into its general fund- * * * * * (c) all trading revenue, interest and other money received by or paid to the Corporation. (4) Except where the Minister administering Part 7 of the Financial Management Act 1994 otherwise approves, the Corporation shall pay into the Works and Services Account- (a) all money borrowed by the Corporation under this Act; (b) all money resulting from the disposal by the Corporation of any real or personal property (whether or not under an arrangement by which the Corporation is to take a lease of the property so disposed of); and (c) the proceeds of any advances or financial accommodation obtained by the Corporation pursuant to section 76- unless such money or proceeds are to be used for the operating or trading activity of the Corporation. (5) All payments made by the Corporation shall be made out of its general fund. (6) The Corporation may invest money in its general fund in such manner as the Minister administering Part 7 of the Financial Management Act 1994 from time to time approves. * * * * * Division 2-Borrowing powers * * * * * * * * * * * * * * * Transport Act 1983 - SECT 76 Financial accommodation 76. Financial accommodation (1) The Corporation may, with the approval of the Treasurer, obtain financial accommodation for a period not exceeding 12 months by way of overdraft of account at any authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth or other financial institution in Australia. * * * * * (3) The due repayment or satisfaction of any advances or financial accommodation obtained under this section and the due repayment of any interest or other charges payable in relation thereto is hereby guaranteed by the Government of Victoria. (4) Any sums required by the Minister administering Part 7 of the Financial Management Act 1994 for fulfilling any guarantee given by this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by that Minister from the Corporation or otherwise in respect of any sum so paid by that Minister shall be paid into the Consolidated Fund. Transport Act 1983 - SECT 77 Power of Minister to execute guarantee 77. Power of Minister to execute guarantee (1) The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance of any obligations of the Corporation under a contract to be entered into by the Corporation with that person pursuant to this Act. (1A) The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance of any obligations of any person to whom the rights and liabilities of the Corporation arising under a contract entered into by that Corporation with the first-mentioned person pursuant to this Act have been assigned. (1B) Where the rights and liabilities of the Corporation arising under a contract entered into by that Corporation with a person pursuant to this Act have been assigned with the approval of the Treasurer to another person, the Treasurer may amend any guarantee given by him or her under this section in respect of that contract so that it extends to guaranteeing the due performance of any obligations of that other person under that contract. * * * * * (2) Any sums required by the Treasurer for fulfilling any guarantee given by him under this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the Treasurer from the Corporation or otherwise in respect of any sums so paid by the Treasurer shall be paid into the Consolidated Fund. (3) Where the rights and liabilities arising under a contract entered into by the Corporation with a person have been assigned with the approval of the Treasurer to another person, the Treasurer may approve of the assignment to that other person of any guarantee given by him under this section in respect of that contract. * * * * * Transport Act 1983 - SECT 77A Power to give a guarantee in relation to a contract assigned by the Secretary 77A. Power to give a guarantee in relation to a contract assigned by the Secretary (1) Where- (a) the rights and liabilities of the former Corporation under the relevant contract have been transferred to or vested in the Secretary on behalf of the Crown, whether by an assignment or an allocation or by any other operation of law; and (b) those rights and liabilities under that contract are subsequently assigned to another person- the Treasurer may give a guarantee, in favour of any person, guaranteeing the due performance of any obligations of the person to whom the rights and liabilities under the relevant contract are assigned, being obligations arising under the relevant contract. (2) Where- (a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person; and (b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under subsection (1)- the Treasurer may give a guarantee, in favour of any person, guaranteeing the due performance of any obligations of the second-mentioned person arising under the contract. (3) Where- (a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person; and (b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under subsection (1)- the Treasurer may amend any guarantee given by him or her under subsection (1) so that it extends to guaranteeing the due performance of any obligations of the second-mentioned person under the relevant contract. (4) Any sums required by the Treasurer for fulfilling any guarantee given by him or her under this section must be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the Treasurer from the person whose obligations are guaranteed, in respect of any sums so paid by the Treasurer, must be paid into the Consolidated Fund. (5) In this section relevant contract means the service contract entered into between the former Corporation and OneLink Transit Systems Pty Ltd ACN 059 733 443 with effect from 24 May 1994 as amended, varied and restated from time to time. * * * * * * * * * * * * * * * * * * * * Transport Act 1983 - SECT 81A Disposal of assets in exchange for lease 81A. Disposal of assets in exchange for lease The Corporation may, with the approval of the Minister administering Part 7 of the Financial Management Act 1994 and the Minister, dispose of any real or personal property under an arrangement by which the Corporation is to take a lease of the property disposed of or of any other real or personal property. Division 3-Borrowing and investment powers of Public Transport Corporation * * * * * __________________ Transport Act 1983 - PART V PART V CHIEF INVESTIGATOR, TRANSPORT AND MARINE SAFETY INVESTIGATIONS Division 1-Preliminary matters Transport Act 1983 - SECT 82 Object 82. Object The object of this Part is to improve public transport and marine safety by providing for the independent investigation of public transport safety matters and marine safety matters. Transport Act 1983 - SECT 82A What is a public transport safety matter? 82A. What is a public transport safety matter? A public transport safety matter is- (a) an incident involving rolling stock, rail infrastructure, a bus or any infrastructure used in bus operations that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to any property or equipment, and includes, for example- (i) any derailment of any rolling stock; (ii) any collision involving any bus or rolling stock; (iii) any incident resulting from the construction, maintenance or operation of a railway or from the operation of a bus; (iv) any failure of any part of rail infrastructure or any rolling stock or any part of any rolling stock; (v) any failure of any bus or part of a bus or of any equipment on a bus or of anything used in bus operations; (vi) any failure or breach of any practice or procedure involving rolling stock or a bus; (vii) any fire, explosion or other similar occurrence involving rolling stock or a bus; (viii) any incident in which there is evidence of systematic safety deficiencies; (b) any other incident or any state of affairs involving, or in relation to, rolling stock, rail infrastructure, buses or any infrastructure used in bus operations that is specified by the regulations for the purposes of this section. Transport Act 1983 - SECT 82B What is a marine safety matter? 82B. What is a marine safety matter? A marine safety matter is- (a) an incident involving a vessel that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to, or the loss of, the vessel or any other vessel, or to any other property or equipment, and includes, for example- (i) any accident involving a vessel; (ii) any incident involving a vessel in which there is evidence of systematic safety deficiencies; (b) the occurrence of any event that provides reasonable grounds for the belief- (i) that any pilot, pilot exempt master, harbour master, pilotage services provider or person holding a certificate of competency or service under the Marine Act 1988 has acted incompetently in the course of his or her duties or in breach of that Act or the regulations made under that Act; or (ii) that the holder of any harbour master licence has breached the conditions of that licence; or (iii) that any pilot, pilot exempt master or pilotage services provider, who is registered under the Marine Act 1988 to act as a pilot, pilot exempt master or pilotage services provider (as the case requires), has breached the conditions of that registration; (c) any other incident or any state of affairs involving, or in relation to, a vessel that is specified by the regulations for the purposes of this section. Transport Act 1983 - SECT 82C Application of definitions to this Part 82C. Application of definitions to this Part (1) In this Part, the expressions railway, rail infrastructure, rail safety work and rolling stock have the same meanings as in section 3 of the Rail Safety Act 2006. (2) In this Part, the expressions harbour master, master, owner, pilot, pilotage services provider, pilot exempt master and vessel have the same meanings as in section 3(1) of the Marine Act 1988. Division 2-Appointment, functions and general powers Transport Act 1983 - SECT 83 Chief Investigator 83. Chief Investigator There is to be a Chief Investigator, Transport and Marine Safety Investigations for the purposes of this Act and the Marine Act 1988. Transport Act 1983 - SECT 83A Principal function 83A. Principal function (1) The principal function of the Chief Investigator is to investigate public transport safety matters and marine safety matters, and to report the results of any investigations conducted by him or her to the Minister. (2) In investigating an incident, the Chief Investigator is to primarily focus on- (a) determining what factors caused the incident, rather than to apportion blame for the incident; and (b) identifying issues that may require review, monitoring or further consideration. Transport Act 1983 - SECT 83B Other functions 83B. Other functions The Chief Investigator also has the following functions- (a) to liaise with international, Commonwealth and State bodies and agencies that have similar functions to those of the Chief Investigator; (b) to administer any safety reporting system that is set up under section 85F; (c) to improve the quality and professionalism of his or her investigations by educating those who are involved in the operation or use of public transport or vessels; (d) to do anything else specified by the regulations. Transport Act 1983 - SECT 83C Chief Investigator to act independently ECT 83C. Chief Investigator to act independently Subject to section 85B, the Chief Investigator is not subject to the direction or control of the Minister in performing or exercising his or her functions or powers. Note Section 85B authorises the Minister to direct the Chief Investigator to investigate a public transport safety or marine safety matter. Transport Act 1983 - SECT 83D General powers 83D. General powers (1) The Chief Investigator may investigate any public transport safety matter or marine safety matter that occurs in Victoria. (2) The Chief Investigator may do all things that are necessary or convenient to enable him or her to carry out his or her functions. (3) Without limiting subsection (2), the Chief Investigator may- (a) acquire, hold or dispose of real or personal property; (b) engage consultants, contractors or agents. Transport Act 1983 - SECT 83E Appointment and terms of office 83E. Appointment and terms of office (1) The Chief Investigator is to be appointed by the Governor in Council, and may be appointed for a period of up to 5 years. (2) The Governor in Council may only appoint a person to be the Chief Investigator if, in the opinion of the Governor in Council, the person has at least 2 of the following attributes- (a) experience in accident investigations, in particular public transport and marine accidents; (b) appropriate tertiary qualifications; (c) experience in the management of public transport or marine safety systems for a period of at least 10 years; (d) experience in the marine, road or rail transport (freight and passenger) sectors; (e) senior level experience in the transport or legal sector. (3) A person appointed as the Chief Investigator is to hold office on the terms and conditions (including remuneration and allowances) set out in the instrument by which he or she was appointed. (4) A person who holds, or who has held, the office of Chief Investigator may be re-appointed to that office. (5) A person who is the Chief Investigator is not, in respect of his or her office as the Chief Investigator, subject to the Public Administration Act 2004. Transport Act 1983 - SECT 83F When the Chief Investigator ceases to hold office 83F. When the Chief Investigator ceases to hold office (1) A person ceases to be the Chief Investigator- (a) at the expiry of his or her term of office; or (b) if he or she resigns in accordance with subsection (2); or (c) if he or she ceases to hold office under section 83G; or (d) if he or she becomes an insolvent under administration; or (e) if he or she is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or (f) if he or she nominates for election as a member of the Parliament of any jurisdiction. (2) The Chief Investigator may resign by writing signed by him or her and delivered to the Minister. Transport Act 1983 - SECT 83G Suspension and removal from office for misconduct etc. 83G. Suspension and removal from office for misconduct etc. (1) The Governor in Council may suspend a person from office as the Chief Investigator on the recommendation of the Minister. (2) The Minister may make such a recommendation if he or she is of the opinion that the person- (a) is incapable (because of disability or otherwise) of performing his or her functions as the Chief Investigator; or (b) has refused or neglected to perform those functions; or (c) has engaged in misconduct; or (d) is otherwise unfit to continue to be the Chief Investigator. (3) Before making such a recommendation in relation to a person, the Minister must- (a) give the person written notice that the Minister is considering making such a recommendation, together with details of the reasons why the recommendation is being considered; and (b) consider any submissions made to him or her by, or on behalf of, the person in response to the notice. (4) If the Governor in Council suspends a person as the Chief Investigator, the Minister must, on or before the 3rd sitting day of each House of Parliament after that suspension, ensure that a statement of the grounds for the making of the recommendation that the person be suspended is laid before the House. (5) A person ceases to hold office as the Chief Investigator if each House of Parliament declares by resolution, passed within 7 sitting days of the House after the laying before it of the statement, that he or she should cease to hold office. (6) The suspension of a person as the Chief Investigator ceases- (a) if a resolution that he or she should cease to hold office is defeated before either House of Parliament; or (b) if such a resolution is not passed by each House of Parliament within 7 sitting days of the House after the laying before it of the statement. (7) If a person is suspended from office under this section, he or she remains entitled to his or her remuneration and allowances as the Chief Investigator during the period of suspension. Transport Act 1983 - SECT 83H Acting Chief Investigator 83H. Acting Chief Investigator (1) The Governor in Council may appoint a person to act as the Chief Investigator if- (a) the office of the Chief Investigator becomes vacant; or (b) the person holding that office becomes unable to carry out the duties of office; or (c) the person holding that office is suspended from that office under section 83G. (2) The Governor in Council may only appoint a person to act as the Chief Investigator if the person is eligible under section 83E(2) to be appointed as the Chief Investigator. (3) A person who is appointed to act as the Chief Investigator must carry out all of the functions of the Chief Investigator. (4) In appointing a person to act as the Chief Investigator, the Governor in Council must set out in the document appointing the person the conditions that are to apply to the person in respect of the appointment. Transport Act 1983 - SECT 83I Staff 83I. Staff Any officers or employees that are necessary to enable the Chief Investigator to carry out his or her functions may be employed under the Public Administration Act 2004. Transport Act 1983 - SECT 83J Delegation 83J. Delegation (1) The Chief Investigator may, in writing, delegate any of his or her powers or functions under this or any other Act (other than this power of delegation) to any member of his or her staff, or to any consultant, contractor or agent engaged by him or her. (2) If authorised in writing to do so by the Chief Investigator, a delegate may sub-delegate to another person any power or function delegated to the delegate by the Chief Investigator. Transport Act 1983 - SECT 83K Protection of Chief Investigator from liability 83K. Protection of Chief Investigator from liability (1) The Chief Investigator is not personally liable for anything done or omitted to be done in good faith- (a) in the exercise of a power or the performance of a function under or in connection with this Part; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under or in connection with this Part. (2) Any liability resulting from an act or omission that would, but for subsection (1), attach to the Chief Investigator because of that act or omission attaches instead to the Crown. Transport Act 1983 - SECT 83L Validity of acts and decisions 83L. Validity of acts and decisions An act or decision of the Chief Investigator is not invalid only because- (a) of a defect or irregularity in, or in connection with, his or her appointment; or (b) in the case of a person acting as the Chief Investigator, that the occasion for so acting or deciding had not arisen, or had ceased. Division 3-Investigations Transport Act 1983 - SECT 84 Specific investigation powers-public transport safety matters 84. Specific investigation powers-public transport safety matters For the purposes of this Part, Subdivisions 1, 3, 4, 5, 6, 7 and 8 of Division 4B of Part VII apply- (a) as if a reference in those provisions- (i) to a transport safety officer was a reference to the Chief Investigator; and (ii) to railway premises included a reference- (A) to any place where an incident involving a bus occurred and where the bus, or anything that is, or that is possibly, relevant to an investigation into the incident, is still present; and (B) to any premises used by a person to conduct bus operations or other related activities; and (iii) to rail operations included a reference to bus operations; and (iv) to a railway accident included a reference to an accident involving a bus; and (v) to rail infrastructure included a reference to any infrastructure used in relation to a bus operation; and (vi) to rolling stock included a reference to buses; and (vii) to compliance and investigative purposes was a reference to the purpose of carrying out an investigation into a public transport safety matter; and (viii) to "this Division" was a reference to this Part; and (b) as if section 228ZB(1)(f) were omitted; and (c) as if in section 228ZC- (i) there were substituted for subsections (1)(a) and (1)(b) the following- "for the purpose of carrying out an investigation into a public transport safety matter"; and (ii) in subsection (2) the words "or the Safety Director specifies" were omitted; and (d) as if in section 228ZG- (i) a reference to evidence of the commission of an offence against a relevant transport safety law was a reference to a thing or things of significance to an investigation into a public transport safety matter; and (ii) there were substituted for subsection (3)(a) the following paragraph- "(a) a brief description of the investigation in respect of which the warrant is issued; and"; and (e) as if in section 228ZH(b), the words "or its use in the commission of an offence against a relevant transport safety law" were omitted; and (f) as if in section 228ZL(2)(b) there were substituted for all words after "for the purpose of" the words "an investigation into a public transport safety matter"; and (g) as if section 228ZV(2)(a) were omitted; and (h) as if for section 228ZW(2) there were substituted the following subsection- "(2) The Magistrates' Court may order such an extension if it is satisfied that retention of the thing is still necessary for the purposes of the investigation into a public transport safety matter in respect of which the thing was seized."; and (i) as if in section 228ZZA(1)(c) there were substituted for all words after "is relevant to" the words "an investigation into a public transport safety matter"; and (j) as if section 228ZZB(2)(a) were omitted. Transport Act 1983 - SECT 84A Specific investigation powers-marine safety matters 84A. Specific investigation powers-marine safety matters (1) The Chief Investigator may exercise any of the powers conferred on an inspector by Division 3 of Part 8 of the Marine Act 1988 for the purpose of carrying out an investigation into a marine safety matter. (2) For the purposes of this Part, sections 83A and 83C of the Marine Act 1988 apply to the carrying out of an investigation into a marine safety matter by the Chief Investigator. (3) For the purposes of this section, Division 3 of Part 8 of the Marine Act 1988 applies as if a reference in that Division- (a) to an inspector was a reference to the Chief Investigator; and (b) to an investigation under section 82D was a reference to an investigation into a marine safety matter. Transport Act 1983 - SECT 84AB Chief Investigator may require persons to attend and answer questions 84AB. Chief Investigator may require persons to attend and answer questions (1) If the Chief Investigator considers it necessary for the purposes of an investigation into a public transport safety matter or a marine safety matter under this Part, the Chief Investigator may require a person to attend before the Chief Investigator and answer questions asked by the Chief Investigator relating to matters relevant to the investigation. (2) The requirement under subsection (1) must be by notice in writing. (3) The notice must- (a) be signed by the Chief Investigator; and (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 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. (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). (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 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 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. 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 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- (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 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 Governor in Council for the purposes of this section. Transport Act 1983 - SECT 84B Identity cards 84B. Identity cards (1) If the Chief Investigator delegates any power conferred on him or her by section 84 or 84A to another person, he or she must give the person an identity card that contains a photograph of the person and that identifies the person by name as a person authorised to exercise the power by the Chief Investigator. (2) If a person to whom an identity card has been issued ceases to be authorised to exercise any power referred to in the identity card, the person must return the identity card to the Chief Investigator as soon as is practicable after that cessation. Penalty: 1 penalty unit. Division 4-Reports and miscellaneous matters $$A Transport Act 1983 - SECT 85 Reports to be given promptly to the Minister 85. Reports to be given promptly to the Minister The Chief Investigator must, as soon as is practicable after completing an investigation into a public transport safety matter or a marine safety matter, give the Minister a report of the investigation. Transport Act 1983 - SECT 85A Consultation before report finalised 85A. Consultation before report finalised However, before reporting the results of an investigation to the Minister, the Chief Investigator must consult with- (a) the Director of Public Transport (in relation to an investigation into a public transport safety matter); and (b) the Director of Marine Safety (in relation to an investigation into a marine safety matter); and (c) the Safety Director; and (d) the Secretary; and (e) any person or body who has assisted the Chief Investigator with the investigation; and (f) any person or body to whom the report may be relevant. Transport Act 1983 - SECT 85B Minister may direct that investigation be conducted 85B. Minister may direct that investigation be conducted (1) The Minister may direct the Chief Investigator to investigate a public transport safety matter or a marine safety matter. (2) A direction takes effect on it being published in the Government Gazette. (3) The Minister must also ensure that a copy of a direction is laid before each House of Parliament on or before the 3rd sitting day of the House after the direction is published in the Government Gazette. (4) The Chief Investigator must comply with a direction made under this section. Transport Act 1983 - SECT 85C Limitations on disclosure etc. of information obtained under this Part 85C. Limitations on disclosure etc. of information obtained under this Part (1) A person must not disclose any information obtained while carrying out a function under this Part, or obtained under section 85E. Penalty: 60 penalty units. (2) However, the person may disclose such information if- (a) the disclosure is made in the performance of a duty under, or in connection with, this Part; or (b) the person has the consent of the person who originally supplied the information; or (c) subject to subsection (3), the disclosure is made in legal proceedings at the direction of a court; or (d) the information is in the public domain at the time it is disclosed. (3) A court may only direct a person to disclose the information if- (a) the disclosure is required for the purposes of a criminal proceeding for an offence against this Act; or (b) the disclosure is to be made in civil proceedings and the following 2 conditions are met- (i) the Chief Investigator has issued a certificate in relation to the information stating that the disclosure of the information is not likely to interfere with any investigation; and (ii) the court is satisfied that any adverse domestic and international impact that the disclosure of the information might have on any current or future investigations is outweighed by the public interest in the administration of justice. (4) In directing a person to disclose information, the court may also direct that the information, or any information obtained from the information, must not- (a) be published, or be communicated to any person; or (b) be published, or be communicated, except in a manner, and to a person, specified by the court. (5) Any information disclosed by a person in contravention of this section is not admissible in any civil or criminal proceedings (other than proceedings against the person under this section). (6) Subsection (2) is not intended to interfere with any rights another person may have with regard to the disclosure of the information. (7) A reference in this section to a court is to be read as including a reference to a tribunal and to a person exercising judicial authority. Transport Act 1983 - SECT 85D Release of information in the interests of transport safety 85D. Release of information in the interests of transport safety (1) The Chief Investigator may disclose information acquired by him or her in carrying out his or her functions under this or any other Act to any person if the Chief Investigator considers that the disclosure is necessary or desirable for the purposes of transport safety. (2) However, the Chief Investigator may only disclose information that is, or that contains, personal information in the circumstances allowed by the regulations. (3) In this section, personal information has the same meaning as in section 3 of the Information Privacy Act 2000. Transport Act 1983 - SECT 85DA Reports not admissible in evidence 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 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 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. (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. Transport Act 1983 - SECT 85E Chief Investigator may authorise non-staff members to have access to information 85E. Chief Investigator may authorise non-staff members to have access to information The Chief Investigator may authorise a person who is not a member of his or her staff to have access to information acquired by the Chief Investigator in carrying out his or her functions under this or any other Act if the Chief Investigator considers that it is necessary or desirable to do so. Note A person authorised to have access to information under this section is subject to the confidentiality requirements of section 85C. Transport Act 1983 - SECT 85F Confidential reporting of safety information by transport workers 85F. Confidential reporting of safety information by transport workers (1) In this section a transport worker is a person who, as an employee, as a contractor or as a volunteer- (a) carries out work for- (i) a person who operates a road transport passenger service (as defined by section 3(1) of the Public Transport Competition Act 1995); or (ii) a person who manages any rail infrastructure or who provides, or operates, any rolling stock; or (iii) a person who undertakes rail safety work; or (b) is involved with the operation of vessels. (2) The Chief Investigator may establish a system for the voluntary reporting by transport workers of public transport safety matters and marine safety matters. (3) The Chief Investigator must not disclose to any other person, or to any court, tribunal or person acting judicially, any information that may identify a transport worker who provides information under the voluntary reporting system unless- (a) the worker consents to the disclosure; or (b) the Chief Investigator or the court, tribunal or person is of the opinion that it is necessary in the public interest that the information be disclosed. Transport Act 1983 - SECT 85G Memorandum of understanding 85G. Memorandum of understanding (1) The Chief Investigator may enter into a memorandum of understanding with the Safety Director, or any other person or body with statutory functions or powers, about the performance or exercise of their respective functions or powers. (2) A memorandum of understanding- (a) must include the matters, if any, required by the regulations; and (b) may include any other matters that the parties to the memorandum consider appropriate. (3) The Chief Investigator must ensure that a copy of any memorandum of understanding that he or she enters into under this section is published- (a) in the Government Gazette; and (b) on the internet. Transport Act 1983 - SECT 85H Chief Investigator may ask Commonwealth official to investigate accident or incident 85H. Chief Investigator may ask Commonwealth official to investigate accident or incident The Chief Investigator may ask the Executive Director of Transport Safety Investigations appointed under section 12 of the Transport Safety Investigations Act 2003 of the Commonwealth to investigate any accident or incident that has occurred in Victoria that is a public transport safety matter or a marine safety matter. __________________ * * * * * __________________ Transport Act 1983 - PART VI PART VI LICENSING OF CERTAIN VEHICLES AND DRIVER ACCREDITATION Division 1-General provisions Transport Act 1983 - SECT 86 Definitions 86. Definitions (1) In this Part unless inconsistent with the context or subject-matter- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * carrying capacity, in relation to a motor vehicle, means the mass determined by the Roads Corporation to be the maximum permissible mass of any load which may be carried on that motor vehicle; category 1 offence means- (a) an offence against the Crimes Act 1958 that involves sexual penetration (within the meaning given by section 35(1) of the Crimes Act 1958); or (b) an offence against a provision of the Crimes Act 1958 amended or repealed before the commencement of section 8 of the Transport Legislation (Further Amendment) Act 2006 of which the necessary elements at the time it was committed consisted of elements that constitute an offence referred to in paragraph (a); or (c) an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991, if the victim of the offence was a child or a person with a cognitive impairment, that is not an offence referred to in paragraph (a) or (b); or (ca) an offence against section 5A of the Crimes Act 1958; or (cb) an offence against section 318 of the Crimes Act 1958; or (d) an offence specified in clause 3 of Schedule 1 to the Sentencing Act 1991; or (e) a child pornography offence within the meaning of the Working with Children Act 2005; or (f) an offence within the meaning of Division 101 of the Criminal Code Act 1995 of the Commonwealth; or (g) an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition; category 2 offence means- (a) an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991 that is not an offence referred to in paragraph (a), (b), (c), (cd) or (ce) of the definition of category 1 offence; or (b) an offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 that is not an offence specified in clause 3 of that Schedule; or (c) an offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991; or (ca) an offence against section 24 of the Crimes Act 1958 arising out of the driving of a motor vehicle by the offender; or (cb) an offence against section 21A of the Crimes Act 1958; or (cc) an offence against section 60B of the Crimes Act 1958; or (cd) an offence against section 319(1) of the Crimes Act 1958; or (ce) an offence against section 319(1A) of the Crimes Act 1958; or (cf) an offence against section 61 of the Road Safety Act 1986 resulting in a person being killed or suffering serious injury; or (cg) an offence against section 71AB or 71B of the Drugs, Poisons and Controlled Substances Act 1981; or (ch) an offence against section 46 or 47 or Part 5 of the Sex Offenders Registration Act 2004 (other than section 70); or (ci) an offence against the Serious Sex Offenders Monitoring Act 2005 (other than section 42(3)); or (cj) an offence against section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth other than in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section; or (d) an offence involving fraud or dishonesty; or (e) an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition; category 3 offence means- (a) a criminal offence that is not a category 1 offence or a category 2 offence; or (b) an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition; commercial goods vehicle means any motor vehicle (together with any trailer) which is used or intended to be used for carrying goods for hire or reward or for any consideration or in the course of any trade or business whatsoever, but does not include- (a) any such motor vehicle which is a licensed commercial passenger vehicle and is carrying goods in accordance with its licence and the regulations or any such motor vehicle the carrying capacity of which (together with any trailer) does not exceed 2 tonnes and which is owned by a primary producer and used by him solely in connexion with his business as a primary producer; or (b) a tow truck; commercial passenger vehicle means any motor vehicle (together with any trailer fore-car side-car or other vehicle or device, if any, attached thereto) which is used or intended to be used for carrying passengers for hire or reward; Commission means the Essential Services Commission established under the Essential Services Commission Act 2001; company has the same meaning as in section 9 of the Corporations Act; * * * * * corporation has the same meaning as that given by section 57A of the Corporations Act; costs incurred in making the journey includes- (a) fuel costs; and (b) maintenance costs; and (c) parking costs; and (d) insurance costs; and (e) vehicle depreciation; * * * * * * * * * * director has the same meaning as it has in section 9 of the Corporations Act; disqualifying offence means a category 1 offence, a category 2 offence or a category 3 offence; drive, in relation to a vehicle, includes being in control of the vehicle; driver accreditation means an accreditation under section 166; goods includes all chattels personal; * * * * * highway has the same meaning as in section 3(1) of the Road Safety Act 1986; hire car means a commercial passenger vehicle classified as a hire car by the licensing authority under section 145; * * * * * hire car licence means a commercial passenger vehicle licence in respect of a vehicle which operates or is to operate as a hire car; level 1 offence means- (a) murder, manslaughter or an offence under Subdivision (1), (1AA) or (4) of Division 1 of Part I of the Crimes Act 1958 (homicide and serious assaults); or (b) an offence under Subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of Part I of the Crimes Act 1958 (serious sexual offences) or under any corresponding previous enactment or an attempt to commit any such offence or an assault with intent to commit any such offence; or (c) any other assault punishable by imprisonment for 6 months or more; or (d) an offence under section 321(1) of the Crimes Act 1958 (conspiracy) where the conspiracy is to commit an offence referred to in paragraph (a), (b) or (c); level 2 offence means- (a) an offence under section 71, 71AA, 71AB or 71AC of the Drugs, Poisons and Controlled Substances Act 1981 (drug trafficking); or (ab) an offence under section 71 of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001; or (b) an offence under Division 2 of Part I of the Crimes Act 1958 (theft and similar or associated offences); or (c) an offence under Division 3 of Part I of the Crimes Act 1958 (criminal damage to property); or (d) an offence under the Accident Compensation Act 1985 or the Transport Accident Act 1986, but only if the offence involves fraud; or (e) an offence under section 321(1) of the Crimes Act 1958 (conspiracy) where the conspiracy is to commit an offence referred to in paragraph (a), (b), (c) or (d); * * * * * motor cycle has the same meaning as in the Road Safety Act 1986; motor vehicle means a motor vehicle within the meaning of the Road Safety Act 1986 and includes a trailer attached to the vehicle; operate means- (a) in the case of a commercial passenger vehicle (other than a taxi-cab), carry passengers for hire or reward; and (ab) in the case of a taxi-cab, carry passengers for hire or reward and includes to ply or stand for hire or to use the taxi-cab in any other way for the purpose of carrying passengers for hire or reward; and (b) in the case of a commercial goods vehicle, carry goods for hire or reward or for any consideration or in the course of any trade or business whatsoever. * * * * * operator in relation to a taxi-cab, means- (a) unless paragraph (b) applies, the holder of the licence under which the taxi-cab is operated; or (b) if the right to operate the taxi-cab has been assigned to a person under section 150, that person while the assignment remains in force; * * * * * Order in Council means an Order made by the Governor in Council and published in the Government Gazette; owner includes- (a) every person who is the owner or joint owner of a commercial passenger vehicle or commercial goods vehicle; (b) any person who has the use of a commercial passenger vehicle or commercial goods vehicle under a hiring or hire-purchase agreement; and (c) any person in whose name- (i) a commercial passenger vehicle; (ii) a commercial goods vehicle- * * * * * * * * * * * * * * * is registered under the Road Safety Act 1986 or any Act or Ordinance of any State or Territory of the Commonwealth corresponding to that Act but does not include an unpaid vendor of any such vehicle under a hire-purchase agreement; * * * * * primary producer has the same meaning as in the Road Safety Act 1986; private bus service has the same meaning as it has in the Public Transport Competition Act 1995; * * * * * public commercial passenger vehicle means a commercial passenger vehicle operated by or proposed to be operated by- (a) any person, to be used under contract with the Department of Education and Early Childhood Development of Victoria, which contract is approved by the Director; or (b) any person for the carriage of members of the public along a fixed route on a regular basis, whether or not fares are charged, and the operation of which commercial passenger vehicle is approved by the Director; public place means- (a) any bridge, footpath, court, alley, passage or thoroughfare open to or used by the public; (b) any park, garden, reserve or other place of public recreation or resort; (c) any open place to which the public, whether upon or without payment for admittance, have or are permitted to have access; (d) any wharf, pier or jetty; and (e) any school or the land or premises in connexion therewith- but does not include a highway; recreation vehicle means a vehicle propelled by internal combustion, steam, gas, oil, electricity or any other power but does not include- (a) a railway locomotive, railway carriage, tram-car or tram-motor; (b) a tractor; or (c) a vehicle of a type specified by Order of the Governor in Council for the purposes of this section; restricted hire vehicle means a commercial passenger vehicle which is licensed to operate solely after the vehicle has been hired from the place or places specified in the licence granted in respect of it and which- (a) is- (i) a classic and historic motor car; or (ii) a veteran motor car; or (iii) a vintage motor car- within the meaning of Part 4 of the Motor Car Traders Act 1986; or (b) because of the nature of its construction or the manner in which it is equipped is capable of providing a passenger transport service of a kind that no other category of vehicle licensed in accordance with Division 5 is capable of providing; or (c) was manufactured more than 25 years before the date of the application for a licence in respect of it and which is of a category of vehicle that the Minister, by notice published in the Government Gazette, declares to be a category of vehicle to which this paragraph applies; or (d) has a seating capacity for 8 but not more than 12 people (including the driver) which is used or intended to be used in connection with the provision of a tour package; restricted hire vehicle licence means a commercial passenger vehicle licence in respect of a vehicle which operates or is to operate as a restricted hire vehicle; special purpose vehicle means a commercial passenger vehicle classified as a special purpose vehicle by the licensing authority under section 145; special purpose vehicle licence means a commercial passenger vehicle licence in respect of a vehicle which operates or is to operate as a special purpose vehicle; taxi-cab means a commercial passenger vehicle which is used or intended to be used for hiring by the public on demand and which operates by being hailed or from a stand appointed for the use of such vehicles or which has been previously booked or ordered but does not include such a vehicle which operates solely by being previously booked or ordered; taxi-cab licence means a commercial passenger vehicle licence in respect of a vehicle which operates or is to operate as a taxi-cab; tour package means a combination of services provided for a price comprising- (a) the hire of a commercial passenger vehicle; and (b) as a substantial component of the package- (i) accommodation; or (ii) other services or facilities appropriate to tourists; * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * vehicle pool matching service means a service under which a person undertakes for reward or for any consideration to introduce a passenger and a driver for the purpose of entering into a vehicle pooling agreement. (2) Any Order in Council made under this Part may by like Order in Council be amended, varied or revoked. Transport Act 1983 - SECT 87 Operation of motor vehicle as a commercial passenger vehicle or commercial goods vehicle 87. Operation of motor vehicle as a commercial passenger vehicle or commercial goods vehicle (1) A motor vehicle shall be deemed to operate as a commercial passenger vehicle if passengers are carried therein for hire or reward. (2) A motor vehicle (other than a vehicle licensed under this Part) shall be deemed not to operate as a commercial passenger vehicle and shall be deemed not to operate for hire or reward for the purposes of this Part or any other Act or any contract of insurance by reason only of the carriage of passengers if the carriage is made pursuant to a vehicle pooling agreement. (3) For the purposes of subsection (2) a carriage of passengers is made pursuant to a vehicle pooling agreement when the carriage is- (a) incidental to the main purpose of the journey; (b) not the result of touting for passengers by the driver or any other person on any highway; (c) limited to a maximum of 7 passengers in any one vehicle; and (d) made pursuant to any arrangement for the carriage of the passengers for a consideration that is merely- (i) the undertaking by the passenger to carry the driver or a member of the family of the driver on a similar journey in exchange for his carriage or the carriage of a member of his family; or (ii) the payment by the passenger of a share of the costs incurred in making the journey and does not involve profit to the driver or any other person. (4) A motor vehicle (other than a vehicle licensed under this Part) shall be deemed not to operate as a commercial passenger vehicle or a commercial goods vehicle and shall be deemed not to operate for hire or reward for the purposes of this Part or any contract of insurance by reason only of the carriage of goods or passengers if the carriage is made pursuant to a charitable arrangement. (5) For the purposes of subsection (4) a carriage of goods or passengers is made pursuant to a charitable arrangement when- (a) the main purpose of the journey or intended journey is to carry the goods or passengers; (b) the journey is or is to be undertaken for or on behalf of a municipality or prescribed organization as part of its charitable or benevolent work or its work for the relief or welfare of members of the public; (c) the motor vehicle is or is to be driven by a person who receives no remuneration in respect of the journey except pursuant to an arrangement mentioned in paragraph (d); and (d) the journey is or is to be made pursuant to any arrangement for the carriage of the goods or passengers for a consideration that is merely the payment by a passenger, or by the municipality or the prescribed organization for which the work is done of the costs or part of the costs incurred in making the journey and does not involve profit to the driver or any other person. (6) A person who- (a) conducts a vehicle pool matching service without the consent of the Roads Corporation; or (b) contravenes a condition to which that consent is subject- is guilty of an offence. (7) A consent under subsection (6) may be given- (a) by instrument in writing to the person concerned; or (b) in relation to a class of cases, by notice published in the Government Gazette. Transport Act 1983 - SECT 88 Part to bind Crown 88. Part to bind Crown This Part binds the Crown, not only in right of the State of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. Transport Act 1983 - SECT 89 Determinations of policy 89. Determinations of policy (1) The Minister may from time to time make written determinations of policy in relation to the operation of this Part. (2) The Minister shall cause a copy of every determination of policy made by him under subsection (1) to be served on- * * * * * (b) the Roads Corporation; and (c) the Director. * * * * * and to be published in the Government Gazette. Transport Act 1983 - SECT 90 No compensation payable 90. No compensation payable (1) No compensation shall be payable to any person in respect of or as a consequence of any decision or determination made pursuant to this Part- (a) to grant, issue, renew, reject, cancel, suspend or revoke any licence, certificate, permit, consent, assignment or other authority under this Part; (b) to add, alter or vary any condition or term of or attached to any licence, certificate, permit, consent, assignment or other authority under this Part; or (c) to alter the route or area in respect of which any licence has been granted under this Part. (2) Without limiting subsection (1), no compensation is payable to any person in respect of, or as a consequence of, a decision of the licensing authority under Division 4- (a) to approve or refuse an application for accreditation; or (b) to impose a condition, restriction or other limitation on an accreditation; or (c) to vary or revoke a condition, restriction or other limitation on an accreditation; or (d) to take disciplinary action; or (e) to serve an improvement notice. * * * * * * * * * * * * * * * Division 4-Accreditation of taxi-cab industry participants Subdivision 1-Preliminary Transport Act 1983 - SECT 130 Purpose of accreditation 130. Purpose of accreditation The purpose of accreditation under this Division is to facilitate the provision of safe, reliable and efficient taxi-cab services that meet reasonable community expectations by ensuring that only suitable persons hold taxi-cab licences, operate taxi-cabs or permit them to be operated or provide taxi-cab network services. Transport Act 1983 - SECT 130A Definitions and interpretative provisions 130A. Definitions and interpretative provisions (1) In this Division- co-operative has the same meaning as in the Co-operatives Act 1996; disqualifying offence means a tier 1 offence, a tier 2 offence or a tier 3 offence; incorporated association has the same meaning as in the Associations Incorporation Act 1981; officer, in relation to a body corporate other than a company, co-operative or incorporated association, means a member of the committee of management of the body corporate; officer, in relation to a company, means- (a) a director or secretary of the company; or (b) a person- (i) who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the company; or (ii) who has the capacity to affect significantly the company's financial standing; or (iii) in accordance with whose instructions or wishes the directors of the company are accustomed to act (excluding advice given by the person in the proper performance of functions attaching to the person's professional capacity or their business relationship with the directors of the company); officer, in relation to a co-operative, means- (a) a director or secretary of the co-operative; or (b) a person who is concerned, or takes part, in the management of the co-operative, whether or not as a director; officer, in relation to an incorporated association, means- (a) the public officer (within the meaning of the Associations Incorporation Act 1981) of the incorporated association; or (b) a member of the committee (within the meaning of the Associations Incorporation Act 1981) of the incorporated association; or (c) a person who is concerned, or takes part, in the management of the incorporated association; person includes a body corporate, an unincorporated body or association and a partnership; relevant person, in relation to an applicant for accreditation or an accredited person, means- (a) if the applicant or accredited person is an individual, any person who is concerned, or takes part, in the management of the activities to which the application or the accreditation relates, whether as an employee of the applicant or accredited person or otherwise; or (b) if the applicant or accredited person is a partnership, each partner and any other person who is concerned, or takes part, in the management of the activities to which the application or the accreditation relates, whether as an employee of the applicant or accredited person or otherwise; or (c) if the applicant or accredited person is an unincorporated body or association other than a partnership, each member of the committee of management of the body or association and any other person who is concerned, or takes part, in the management of the activities to which the application or the accreditation relates, whether as an employee of the applicant or accredited person or otherwise; or (d) if the applicant or accredited person is a company, a co-operative or an incorporated association, each officer of the company, co-operative or incorporated association; or (e) if the applicant or accredited person is a body corporate other than a company, co-operative or incorporated association, each officer of the body and any other person who is concerned, or takes part, in the management of the activities to which the application or the accreditation relates, whether as an employee of the applicant or accredited person or otherwise; responsible person, in relation to an applicant for accreditation or an accredited person, means- (a) if the applicant or accredited person is an individual, the applicant or accredited person; or (b) in any other case, a relevant person nominated by the applicant or accredited person as the responsible person; taxi-cab network service means- (a) the receipt and dispatch of bookings or orders for the hiring of taxi-cabs; or (b) the provision for taxi-cabs of a central communications system- and includes the provision by or on behalf of a provider of a service of a kind referred to in paragraph (a) or (b) of all or any of the following- (c) a global positioning system for taxi-cabs; (d) maintenance of information management systems in relation to the hiring, and bookings and orders for the hiring, of taxi-cabs; (e) brand identification for taxi-cabs; (f) support services for taxi-cab operators and drivers; (g) maintenance of a system for receiving and handling customer complaints relating to the hiring, and bookings and orders for the hiring, of taxi-cabs; (h) taxi-cab driver training; tier 1 offence means- (a) an offence against the Crimes Act 1958 that involves sexual penetration (within the meaning given by section 35(1) of that Act); or (b) an offence against a provision of the Crimes Act 1958 amended or repealed before the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 of which the necessary elements at the time it was committed consisted of elements that constitute an offence referred to in paragraph (a); or (c) an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991, if the victim of the offence was a child or a person with a cognitive impairment, that is not an offence referred to in paragraph (a) or (b); or (ca) an offence against section 5A of the Crimes Act 1958; or (cb) an offence against section 318 of the Crimes Act 1958; or (d) a child pornography offence within the meaning of the Working with Children Act 2005; or (e) an offence within the meaning of Division 101 of the Criminal Code of the Commonwealth; or (f) an offence specified in clause 3 of Schedule 1 to the Sentencing Act 1991; or (g) an indictable offence involving fraud or dishonesty; or (h) an offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991; or (i) an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition; tier 2 offence means- (a) an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991 that is not an offence referred to in paragraph (a), (b), (c), (ca), (cb) or (d) of the definition of tier 1 offence; or (b) an offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 that is not an offence specified in clause 3 of that Schedule; or (ba) an offence against section 24 of the Crimes Act 1958 arising out of the driving of a motor vehicle by the offender; or (bb) an offence against section 319(1) of the Crimes Act 1958; or (bc) an offence against section 319(1A) of the Crimes Act 1958; or (bd) an offence against section 61 of the Road Safety Act 1986 resulting in a person being killed or suffering serious injury; or (c) a summary offence involving fraud or dishonesty; or (d) an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition; tier 3 offence means- (a) a criminal offence that is not a tier 1 offence or a tier 2 offence; or (b) an offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence of a kind listed in this definition; (2) In this Division, a reference to a person who has been found guilty of an offence is a reference to a person- (a) against whom a court has made a formal finding that he or she is guilty of the offence; or (b) from whom a court has accepted a plea that he or she is guilty of the offence; or (c) from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that he or she has committed the offence, or from whom a similar admission has been accepted under equivalent provisions of the laws of a jurisdiction other than Victoria; or (d) against whom a finding has been made under- (i) section 17(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she was not guilty of the offence because of mental impairment; or (ii) section 17(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she committed the offence or an offence available as an alternative; or (iii) the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 of not guilty because of mental impairment- or against whom a similar finding has been made under equivalent provisions of the laws of a jurisdiction other than Victoria (including jurisdictions outside Australia)- being an admission, plea or finding that has not been subsequently quashed or set aside by a court. (3) In this Division, a reference to a person who has been charged with an offence is a reference to a person- (a) against whom a presentment has been made or an indictment has been laid for the offence; or (b) against whom a charge has been filed for the offence, whether or not- (i) a summons to answer to the charge; or (ii) a warrant to arrest the person- has been issued or served. (4) In this Division, a reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally dealt with by- (a) being withdrawn or by the entering of a nolle prosequi; or (b) the charge having been dismissed by a court; or (c) the person against whom the charge has been laid having been discharged by a court following a committal hearing; or (d) the person against whom the charge has been laid having been acquitted or found guilty of the offence that was the subject of the charge by a court; or (e) any other prescribed means. (5) In this Division, a reference to an application for accreditation includes a reference to an application for renewal of accreditation. Subdivision 2-Requirement for accreditation Transport Act 1983 - SECT 131 Offence for taxi-cab operator not to be accredited 131. Offence for taxi-cab operator not to be accredited The operator of a taxi-cab must not operate the taxi-cab, or permit the taxi-cab to be operated, unless the operator is accredited under this Division as a taxi-cab operator. Penalty: 60 penalty units. Transport Act 1983 - SECT 131A Offence for provider of taxi-cab network services not to be accredited 131A. Offence for provider of taxi-cab network services not to be accredited (1) A person must not- (a) provide a taxi-cab network service; or (b) advertise or in any other way hold themselves out as able or willing to provide a taxi-cab network service- unless the person is accredited under this Division to provide that service or is exempted by the regulations from the requirement to be accredited under this Division. Penalty: In the case of a natural person, 240 penalty units; In the case of a body corporate, 1200 penalty units. (2) Subsection (1) does not apply to- (a) in the case of a taxi-cab network service of a kind referred to in paragraph (a) of the definition of taxi-cab network service in section 130A(1)- (i) a driver of a taxi-cab who receives a booking or order for the hiring of that taxi-cab directly from the person making the booking or placing the order or directly from the operator of the taxi-cab as described in subparagraph (ii); or (ii) the operator of a taxi-cab who receives a booking or order for the hiring of that taxi-cab directly from the person making the booking or placing the order which the operator then passes on directly to the driver of the taxi-cab; or (iii) a driver or the operator of a taxi-cab who receives a booking or order for the hiring of that taxi-cab directly from the person making the booking or placing the order which the driver or operator then passes on directly to a person who is accredited to provide that service; or (b) in any case, a driver or the operator of a taxi-cab who provides a taxi-cab network service and who is a member of an unincorporated body or association comprising drivers and operators of taxi-cabs that is accredited to provide that service. Subdivision 3-Application for accreditation Transport Act 1983 - SECT 132 Making of application 132. Making of application (1) A person may apply to the licensing authority for accreditation as a- (a) taxi-cab licence holder; or (b) taxi-cab operator; or (c) provider of taxi-cab network services. Note See subsection (5) for restriction on applications by unincorporated bodies or associations. (2) An application must- (a) be made in the manner and form determined by the licensing authority; and (b) be accompanied by- (i) the fee (if any) for the application determined by the licensing authority under section 147B; and (ii) evidence, as required by the regulations, that each relevant person in relation to the applicant, satisfies the requirements for the relevant accreditation; and (iii) any other things that are required by the regulations; and (c) in the case of an application by a person that is not an individual, nominate a relevant person as the responsible person in relation to the applicant. (3) The licensing authority may require an applicant to- (a) supply further information specified by the licensing authority; (b) verify, by a statutory declaration signed by or on behalf of the applicant, information supplied for the purposes of the application. (4) The application, and any further information supplied by the applicant under subsection (3), must be- (a) if the regulations so provide, signed in accordance with the regulations; and (b) declared by each signatory to be true and correct. (5) An unincorporated body or association, other than a partnership, is not capable of applying for, or holding, an accreditation as a taxi-cab licence holder or a taxi-cab operator. (6) In the case of an application by a person that is not an individual, the licensing authority is entitled to communicate with the responsible person in relation to the application. Transport Act 1983 - SECT 132A Time within which licensing authority must deal with application 132A. Time within which licensing authority must deal with application (1) Subject to this section, the licensing authority must decide whether to approve or refuse an application for accreditation within 90 days after receiving the application. (2) The licensing authority may, before the expiry of the period specified in subsection (1), decide to extend the period within which he or she may decide whether to approve or refuse an application. (3) If the licensing authority decides to extend the period within which he or she may decide whether to approve or refuse an application, the licensing authority must notify the applicant of that decision and the new period within which the licensing authority intends to make his or her decision whether to approve or refuse an application. (4) A notification under subsection (3) must be in writing. Transport Act 1983 - SECT 132B Circumstances in which application may be approved 132B. Circumstances in which application may be approved Subject to this Subdivision, the licensing authority may approve an application for accreditation if the licensing authority is satisfied that the applicant- (a) is suitable to be accredited; and (b) has complied with the application requirements under this Subdivision. Note See Subdivision 4 for conditions, restrictions and other limitations that may be imposed on an accreditation and for business and service standards that must be met. Transport Act 1983 - SECT 132C How long accreditation lasts 132C. How long accreditation lasts (1) Subject to subsection (2), an accreditation remains in force until- (a) it is cancelled or surrendered; or (b) the expiry of the period specified in the certificate of accreditation, which must not be more than 5 years- whichever is the sooner. (2) If an application for renewal of an accreditation is made before the expiry of the period specified in the certificate of accreditation, the licensing authority may determine to extend the period of operation of the accreditation. (3) If the licensing authority makes a determination under subsection (2), the accreditation (unless it is sooner cancelled or surrendered) remains in force until- (a) the expiry of the period specified in the certificate of accreditation; or (b) 7 days after the licensing authority gives the applicant notice of its decision on the application for renewal of the accreditation- whichever is the later. Transport Act 1983 - SECT 132D Mandatory refusal of accreditation 132D. Mandatory refusal of accreditation (1) The licensing authority must refuse an application for accreditation if the licensing authority believes, on reasonable grounds, that- (a) in the case of accreditation as a taxi-cab operator, the applicant or a relevant person in relation to the applicant- (i) has been found guilty of a tier 1 offence; or (ii) is a person who is subject to- (A) reporting obligations referred to in section 12(1)(a) of the Working with Children Act 2005; or (B) an order referred to in section 12(1)(b) of the Working with Children Act 2005; and (ab) in the case of accreditation as a provider of taxi-cab network services, the applicant or a relevant person in relation to the applicant- (i) has been found guilty of a tier 1 offence other than an offence under section 318 of the Crimes Act 1958; or (ii) is a person who is subject to- (A) reporting obligations referred to in section 12(1)(a) of the Working with Children Act 2005; or (B) an order referred to in section 12(1)(b) of the Working with Children Act 2005; and (b) in any case, the applicant- (i) is disqualified under section 132H or 135A from applying for the relevant accreditation; or (ii) does not personally or through relevant persons in relation to the applicant, have a sound knowledge of the activities in respect of which accreditation is sought; or (iii) does not personally or through relevant persons in relation to the applicant, have the competency and capacity (other than financial) to meet the business and service standards for the activities in respect of which accreditation is sought; or (iv) does not have the financial capacity to meet the business and service standards for the activities in respect of which accreditation is sought. (2) In determining the financial capacity of an applicant, the licensing authority may have regard to whether the applicant, or a relevant person in relation to the applicant, is or has been- (a) bankrupt under the law of Australia or of any place outside Australia; or (b) an officer of a company that is, or has been, placed in administration or liquidation or been wound up, or in respect of property of which a receiver has been appointed, under the law of Australia or of any place outside Australia. (3) An applicant must be taken not to have the required financial capacity if- (a) the applicant is a company and- (i) a receiver or receiver and manager, within the meaning of the Corporations Act, has been appointed in relation to the applicant; or (ii) the applicant has been placed in administration under the Corporations Act or under the law of any place outside Australia; or (iii) a court has made an order under the Corporations Act for the winding up of the applicant; or (b) the applicant, or a relevant person in relation to the applicant, is an undischarged bankrupt under the law of Australia or of any place outside Australia; or (c) the applicant, or a relevant person in relation to the applicant, is disqualified from managing a corporation under Part 2D.6 of the Corporations Act or under the law of any place outside Australia; or (d) the applicant, or a relevant person in relation to the applicant, has been found guilty of an offence against section 209(3) or Part 5.8 of the Corporations Act or of an offence against a law of a place outside Australia that corresponds to that section or Part. (4) The licensing authority must not refuse to issue an accreditation to a person on a ground referred to in subsection (1)(a)(i) if a decision to refuse to issue an accreditation or a decision to cancel an accreditation in respect of that person on that ground has previously been overturned by VCAT. Transport Act 1983 - SECT 132E Presumption in favour of refusal of accreditation 132E. Presumption in favour of refusal of accreditation The licensing authority must refuse an application for accreditation- (a) as a taxi-cab licence holder if the licensing authority is aware that the applicant, or a relevant person in relation to the applicant, has been found guilty of a tier 1 or tier 2 offence; or (b) as a taxi-cab operator if the licensing authority is aware that the applicant, or a relevant person in relation to the applicant, has been found guilty of a tier 2 offence; or (c) as a provider of taxi-cab network services if the licensing authority is aware that the applicant, or a relevant person in relation to the applicant, has been found guilty of a tier 2 offence or an offence under section 318 of the Crimes Act 1958- unless the licensing authority is satisfied that the applicant has demonstrated that the issue of the accreditation is appropriate having regard to the purpose of accreditation set out in section 130. Transport Act 1983 - SECT 132F Discretionary refusal of accreditation 132F. Discretionary refusal of accreditation (1) The licensing authority may refuse an application for accreditation if the licensing authority is aware that the applicant, or a relevant person in relation to the applicant- (a) has been found guilty of a tier 3 offence; or (b) is the subject to a charge for a disqualifying offence that has not been finally disposed of at the time of considering the application. (2) In exercising a discretion under subsection (1), the licensing authority must have regard to- (a) the nature and gravity of the offence and its relevance to the activities in respect of which accreditation is sought; and (b) the period of time since the offence was committed; and (c) whether a finding of guilt or conviction was recorded; and (d) the sentence (if any) imposed for the offence; and (e) the age of the applicant or relevant person when the offence was committed; and (f) in relation to any sexual offence, the age of any victim; and (g) whether or not the conduct that constituted the offence has been decriminalised since the offence was committed; and (h) the behaviour of the applicant or relevant person since committing the offence; and (i) the likelihood of the applicant or relevant person committing another such offence in the future, in particular, any future threat to a child or other vulnerable person; and (j) any information given by the applicant or relevant person; and (k) any other matter that the licensing authority considers relevant. (3) The licensing authority may refuse an application for accreditation if the licensing authority believes on reasonable grounds that- (a) the applicant has contravened a business or service standard applicable to an accreditation held, or previously held, by the applicant under this Division; or Note Business and service standards may be determined under section 133C. (b) the applicant has contravened a condition, restriction or other limitation imposed on an accreditation held, or previously held, by the applicant under this Division; or (c) the applicant, or a relevant person in relation to the applicant, has contravened a provision of this Act. (4) Nothing in this section limits a discretion of the licensing authority to approve or refuse an application for accreditation. (5) To avoid doubt, in exercising a discretion to approve or refuse an application for accreditation, the licensing authority may have regard to- (a) where the applicant, or any relevant person in relation to the applicant, resides or carries on business; and (b) in the case of an applicant that is a company, whether the applicant is registered under the Corporations Act and where it has its principal place of business. Note A condition may be imposed under Subdivision 4 with respect to place of residence or business. Transport Act 1983 - SECT 132G Notification and reasons to be given if accreditation refused 132G. Notification and reasons to be given if accreditation refused (1) If the licensing authority decides to refuse to accredit an applicant, the licensing authority must- (a) notify the applicant- (i) of the decision; and (ii) that the applicant has a right to seek review of the decision under Subdivision 7; and (b) give the applicant a statement of reasons for the decision. (2) A notification under subsection (1)(a) and a statement of reasons under subsection (1)(b) must be- (a) in writing; and (b) given to the applicant as soon as practicable after the licensing authority makes his or her decision to refuse to accredit the applicant. Transport Act 1983 - SECT 132H Disqualification by licensing authority from ability to apply for accreditation 132H. Disqualification by licensing authority from ability to apply for accreditation (1) If the licensing authority decides to refuse an application for accreditation, the licensing authority may determine that the applicant is disqualified from applying for accreditation of that kind under this Division for the period determined by the licensing authority. (2) The period determined by the licensing authority under subsection (1) must not exceed 5 years. Subdivision 4-Accreditation conditions and business and service standards Transport Act 1983 - SECT 133 Restrictions and conditions concerning accreditation 133. Restrictions and conditions concerning accreditation (1) In accrediting an applicant, the licensing authority may limit the accreditation in any way the licensing authority thinks appropriate. (2) Without limiting subsection (1), the licensing authority may- (a) impose conditions on the accreditation that are not inconsistent with any condition applicable under subsection (3); or (b) restrict the scope of the accreditation. (3) An accreditation is also subject to any condition set out in the regulations as in force from time to time that applies to the accreditation. (4) Without affecting any limitation imposed on an accreditation of a taxi-cab operator under this section, the accreditation is subject to the condition that there must be in place at all times in respect of the taxi-cab when the taxi-cab operator is operating it, or permitting it to be operated, arrangements approved by the licensing authority between the taxi-cab operator and a person accredited to supply taxi-cab network services for the provision of such services as are specified by the licensing authority. Note It is an offence against section 133B not to comply with this condition. (5) Without affecting any limitation imposed on an accreditation of a person accredited to supply taxi-cab network services under this section, the accreditation is subject to the condition that the accredited person must not, without reasonable excuse, refuse to enter into, with an accredited taxi-cab operator, arrangements approved by the licensing authority for the provision of such services as are specified by the licensing authority in respect of the taxi-cab when the taxi-cab operator is operating it or permitting it to be operated. Note It is an offence against section 133B not to comply with this condition. Transport Act 1983 - SECT 133A Licensing authority may vary, revoke or impose new conditions, restrictions or other limitations 133A. Licensing authority may vary, revoke or impose new conditions, restrictions or other limitations (1) The licensing authority may at any time on his or her own initiative or on the written application of the accredited person- (a) vary or revoke a condition, restriction or other limitation imposed by the licensing authority on an accreditation; or (b) impose a new condition, restriction or other limitation on an accreditation. (2) Before taking action under this section, the licensing authority must- (a) give the accredited person written notice of the action that the licensing authority proposes to take and of the reasons for taking that action; and (b) allow the accredited person to make written representations about the intended action within 10 business days (or any other period that the licensing authority and the accredited person agree upon). (3) Subsection (2) does not apply if the licensing authority considers it necessary to take immediate action in the interests of public safety. (4) The licensing authority must- (a) give the accredited person- (i) details of any action taken under subsection (1); and (ii) a statement of reasons for any action taken under subsection (1); and (b) notify the accredited person that the person has a right to seek review of the licensing authority's decision under Subdivision 7. (5) The licensing authority must give the details, the statement of reasons and notice under subsection (4) in writing. Transport Act 1983 - SECT 133B Offence to fail to comply with conditions etc. 133B. Offence to fail to comply with conditions etc. An accredited person must comply with any condition, restriction or other limitation imposed on the accreditation by or under this Division of which the person has been given notice. Penalty: In the case of an accreditation as a taxi-cab licence holder or taxi-cab operator, 30 penalty units; In the case of an accreditation as a provider of taxi-cab network services, 120 penalty units for a natural person and 600 penalty units for a body corporate. Transport Act 1983 - SECT 133C Business and service standards 133C. Business and service standards (1) The Minister may, by notice published in the Government Gazette, determine minimum business and service standards to be met by all accredited persons or by a specified class, or specified classes, of accredited person. (2) The Minister may only determine standards under subsection (1) if he or she has caused a notice in accordance with subsection (3) to be published in respect of the proposed standards- (a) in the Government Gazette; and (b) in a daily newspaper circulating generally throughout Victoria; and (c) if the Minister considers it appropriate, in such trade, professional or public interest publications as he or she determines- and has ensured that all comments and submissions received in response to the notice have been considered. (3) A notice must- (a) state the reason for, and the objectives of, the proposed standards; and (b) specify where a copy of the proposed standards can be obtained; and (c) invite public comments or submissions within such time (being not less than 28 days from the publication of the notice) as is specified in the notice. (4) Standards may be determined under this section in relation to- (a) compliance with applicable legislation; (b) business capability; (c) information and records management; (d) financial viability; (e) safety of taxi-cab drivers, customers and members of the public; (f) customer service; (g) dealings with industry participants, customers and government; (h) complaint handling processes; (i) education and training; (j) any other matter that the Minister considers appropriate. (5) A business or service standard may apply to an accreditation in force at the time the standard is determined or in force at any time after that. Subdivision 5-Certificates of accreditation Transport Act 1983 - SECT 134 Issue of certificate of accreditation 134. Issue of certificate of accreditation (1) On accrediting an applicant under this Division the licensing authority must allocate an accreditation number to the accredited person and issue a certificate of accreditation that- (a) is in the form approved by the licensing authority; and (b) sets out- (i) the accreditation number allocated to the accredited person; and (ii) the name of the holder of the accreditation; and (iii) the kind of accreditation; and (iv) any conditions, restrictions or other limitations to which the accreditation is subject; and (v) the date of expiry of the accreditation; and (vi) any additional information that the licensing authority considers appropriate. (2) On accrediting an applicant under this Division the licensing authority must also give the accredited person a copy of the business and service standards applicable to the accreditation. Note Business and service standards may be determined under section 133C. (3) The licensing authority may, on the application of the accredited person accompanied by the fee (if any) determined by the licensing authority, issue a replacement certificate of accreditation if the licensing authority is satisfied (whether on the production of a statutory declaration or otherwise) that the certificate last issued to the accredited person has been lost, stolen or destroyed. (4) A person who has made an application under subsection (3) on the ground that a certificate has been lost or stolen and who subsequently recovers the lost or stolen certificate must, within 14 days after the day on which the certificate is recovered- (a) notify the licensing authority of the recovery; and (b) return the recovered certificate to the licensing authority unless informed by the licensing authority that it is not necessary to do so. Penalty: 20 penalty units. Transport Act 1983 - SECT 134A Offence not to produce certificate when required $$T 134A. Offence not to produce certificate when required (1) A member of the police force, or a person authorised in writing to do so by the Director, may require a person who is carrying out an activity for which an accreditation is required and who claims to be accredited to carry out that activity to produce the person's certificate of accreditation for inspection. (2) An accredited person must not fail to produce the person's certificate of accreditation for inspection when required to do so under subsection (1). Penalty: 5 penalty units. (3) In a proceeding for an offence against this section it is a defence to the charge if- (a) the defendant has a reasonable excuse for failing to produce the certificate of accreditation when required to do so under subsection (1); and (b) within 5 days after being required to produce the certificate, the defendant produces it at the place directed by the member of the police force or authorised person. Subdivision 6-Disciplinary action and improvement notices Transport Act 1983 - SECT 135 When the licensing authority may take disciplinary action 135. When the licensing authority may take disciplinary action The licensing authority may take disciplinary action against an accredited person in respect of an accreditation held by that person if satisfied- (a) that a ground for refusal of an application for the accreditation under section 132D, 132E or 132F exists in relation to the accredited person or a relevant person in relation to the accredited person; or (b) that a ground for the service under section 135F of an improvement notice on the accredited person in respect of the accreditation exists; or (c) that the accreditation was obtained because of a false or misleading statement made, or false or misleading information supplied, by the accredited person or a relevant person in relation to the accredited person; or (d) that a relevant person in relation to the accredited person has failed to comply with a requirement under section 137A(6). Note The licensing authority is required to take disciplinary action in the circumstances set out in section 135A(3). Transport Act 1983 - SECT 135A Disciplinary actions that may be taken in relation to accreditations 135A. Disciplinary actions that may be taken in relation to accreditations (1) The licensing authority may take one or more of the following actions (disciplinary actions) in relation to an accreditation held by a person- (a) cancel the accreditation and disqualify the holder from applying for an accreditation of that kind for a period not exceeding 5 years; (b) suspend the accreditation for any period; (c) if the accreditation is already suspended, do either of the following- (i) cancel the accreditation and disqualify the holder from applying for an accreditation of that kind for a period not exceeding 5 years; (ii) suspend the accreditation for an additional period; (d) direct the person, or a relevant person in relation to the person, to undertake particular training; (e) impose a new condition, restriction or other limitation on, or vary a condition, restriction or other limitation on, the accreditation; (f) reprimand the accredited person. (2) If an accredited person holds more than one kind of accreditation under this Division, the licensing authority may take action in relation to any one or more of the accreditations. (3) If the licensing authority is satisfied that a ground for refusal of an application for accreditation under section 132D(1)(a) or (ab) exists in relation to the accredited person or a relevant person in relation to the accredited person, the licensing authority must take disciplinary action of a kind referred to in subsection (1)(a) in relation to the accreditation held by the accredited person. Transport Act 1983 - SECT 135B Procedure for taking disciplinary action 135B. Procedure for taking disciplinary action (1) If the licensing authority proposes to take disciplinary action against an accredited person, the licensing authority must serve on that person a notice (a disciplinary notice) that- (a) states the proposed action (including any proposed period of suspension or disqualification from applying for an accreditation of a particular kind); and (b) if the accredited person holds more than one kind of accreditation under this Division, states the accreditation or accreditations to which the proposed action relates; and (c) states the grounds for the proposed action; and (d) invites the person to make a written submission within a stated period as to why the proposed action should not be taken. (2) For the purposes of subsection (1)(d), the period stated in the disciplinary notice must be- (a) if an immediate suspension notice is also served under section 135C, a period of at least 14 days after the day on which the disciplinary notice is served on the accredited person; or (b) in any other case, a period of at least 28 days after the day on which the disciplinary notice is served on the accredited person. (3) In deciding whether to take disciplinary action, the licensing authority must consider any response given to the authority in accordance with subsection (1)(d). (4) If the licensing authority is satisfied that grounds for taking disciplinary action against a person have been established, the licensing authority may- (a) take any disciplinary action of which notice was given in the disciplinary notice or any disciplinary action that is of lesser severity than that of which notice was given in the disciplinary notice; and (b) in any case- (i) direct the person, or a relevant person in relation to the person, to undertake particular training; or (ii) reprimand the person. (5) The licensing authority must, as soon as practicable, serve written notice on the accredited person of the decision with respect to taking, or not taking, disciplinary action and, if the decision is to take disciplinary action, of- (a) the disciplinary action being taken; and (b) the date, which must not be earlier than 7 days after the day on which the notice under this subsection is served, on which any cancellation, suspension, disqualification or new or amended condition, limitation or other restriction takes effect. Transport Act 1983 - SECT 135C Immediate suspension of accreditation 135C. Immediate suspension of accreditation (1) This section applies if the licensing authority- (a) has decided to serve, or has served, a disciplinary notice on a person; and (b) believes, on reasonable grounds, that it is in the public interest that the accreditation held by the person be suspended as soon as practicable before a decision is made to take action under section 135B(4) in relation to the person. (2) In forming the belief referred to in subsection (1)(b), the licensing authority must consider- (a) the circumstances leading to the decision to serve the disciplinary notice; and (b) the grounds stated, or proposed to be stated, in the disciplinary notice. (3) The licensing authority may serve on the person a notice (an immediate suspension notice) suspending the accreditation. (4) If an immediate suspension notice is served on the person, the accreditation is suspended on that service. (5) An immediate suspension notice served in relation to an accreditation ends- (a) if the accreditation is cancelled or suspended under section 135B(4)-when the cancellation or suspension takes effect; or (b) if a condition, restriction or other limitation is imposed on the accreditation, or a condition, restriction or other limitation on the accreditation is amended-when the condition, restriction or other limitation or amended condition, restriction or other limitation, takes effect; or (c) in any other case-when the person is notified under section 135B(5) of the decision made on the disciplinary notice. Transport Act 1983 - SECT 135D Effect of suspension of accreditation 135D. Effect of suspension of accreditation (1) This section applies if the licensing authority suspends a person's accreditation. (2) During the period of the suspension, the person is taken not to hold an accreditation of that kind and to be disqualified from applying for an accreditation of that kind. Transport Act 1983 - SECT 135E Return of certificate of accreditation 135E. Return of certificate of accreditation (1) The holder of a cancelled or suspended accreditation must, not later than 7 days after the cancellation or suspension takes effect- (a) return the certificate of accreditation to the licensing authority; or (b) if the certificate has been lost, stolen or destroyed, give the authority a statement, verified by a statutory declaration signed by or on behalf of the holder, that the certificate has been lost, stolen or destroyed. Penalty: 20 penalty units. (2) If a person's accreditation is suspended and it has not expired when the suspension ends, the licensing authority must return the certificate of accreditation to the person. Transport Act 1983 - SECT 135F Improvement notices 135F. Improvement notices (1) If the licensing authority reasonably believes on reasonable grounds- (a) that an accredited person is contravening- (i) a condition, restriction or other limitation on the accreditation; or (ii) an applicable business or service standard; or Note Business and service standards may be determined under section 133C. (b) that an accredited person, or a relevant person in relation to an accredited person, is contravening a provision of this Act or of the regulations; or (c) that- (i) an accredited person has contravened a condition, restriction or other limitation on the accreditation or an applicable business or service standard; or (ii) an accredited person, or a relevant person in relation to an accredited person, has contravened a provision of this Act or of the regulations- in circumstances that make it likely the contravention will continue or be repeated- the licensing authority may serve on the accredited person an improvement notice requiring the person to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, within the period specified in the notice. (2) An improvement notice must- (a) state the basis for the licensing authority's belief on which the service of the notice is based; and (b) specify the condition, restriction, limitation, standard or provision that the licensing authority believes has been or is likely to be contravened; and (c) specify a date (with or without a time) by which the accredited person is required to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention, that the licensing authority considers reasonable having regard to the purpose of the accreditation and the nature of the contravention or likely contravention; and (d) set out the penalty for contravening the notice; and (e) include a statement of the effect of section 135H (proceedings for offences not affected by improvement notices); and (f) state that the notice is served under this section; and (g) state how the accredited person may seek review of the service of the notice. (3) An improvement notice may include directions concerning the measures to be taken to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates. (4) Without limiting subsection (3), an improvement notice may include- (a) a direction that if the accredited person has not remedied 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 licensing authority has certified in writing that the contravention or likely contravention has, or the matters or activities have, been remedied; and (b) interim directions, or interim conditions, restrictions or other limitations on the carrying out of any activities to which the notice relates, that the licensing authority considers necessary to minimise risks to safety or the risk of a serious failure to provide a reliable and efficient taxi-cab service. (5) An accredited person on whom an improvement notice is served must comply with the notice. Penalty: 20 penalty units. (6) If an application for review of a decision under this section has been made under Subdivision 7, the licensing authority must not give a certificate under subsection (4)(a) in relation to the improvement notice concerned until after the review ends. Transport Act 1983 - SECT 135G Formal irregularities or defects in notice 135G. Formal irregularities or defects in notice An improvement notice is not invalid merely because of- (a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or (b) a failure to use the correct name of the accredited person on whom the notice is served if the notice sufficiently identifies the person and is served on the person in accordance with section 250 or 251, as the case requires. Transport Act 1983 - SECT 135H Proceedings for offences not affected by improvement notices 135H. Proceedings for offences not affected by improvement notices The service of an improvement notice does not affect any proceeding for an offence against this Act or the regulations in connection with any matter in respect of which the notice was served. Subdivision 7-Review of decisions Transport Act 1983 - SECT 136 Jurisdiction of VCAT in relation to mandatory refusal or cancellation of accreditation 136. Jurisdiction of VCAT in relation to mandatory refusal or cancellation of accreditation (1) A person- (a) whose application for accreditation is refused (wholly or partly) on a ground set out in section 132D(1)(a) or (ab); or (b) whose accreditation is cancelled (wholly or partly) under section 135A(3)- may apply to VCAT for an order that the licensing authority approve, or not refuse on a ground referred to in paragraph (a) or reinstate, or not cancel in reliance on section 135A(3), the accreditation (as the case requires). (2) On an application under subsection (1) VCAT may by order direct the licensing authority to- (a) accredit the applicant; or (b) re-consider the application for accreditation on the basis that a ground set out in section 132D(1)(a) or (ab) is not a ground for refusal; or (c) reinstate the accreditation of the applicant; or (d) re-consider the cancellation on the basis that cancellation is not required under section 135A(3). (3) VCAT must not make an order applied for under subsection (1) unless it is satisfied that the applicant has demonstrated that holding the accreditation is appropriate having regard to the purpose of accreditation set out in section 130. (4) In making an order under subsection (2) in a matter involving a tier 1 offence VCAT may have regard to- (a) any matter referred to in section 132F(2)(a) to (j); and (b) any other matter that VCAT considers relevant. (5) The licensing authority must comply with an order made by VCAT under subsection (2). Transport Act 1983 - SECT 136A Review of decision by VCAT 136A. Review of decision by VCAT (1) An applicant for accreditation, an accredited person or a relevant person in relation to an applicant or accredited person whose interests are affected by a decision to which this subsection applies made by the licensing authority under this Division may apply to VCAT for review of the decision. (2) Subsection (1) applies to a decision- (a) to refuse an application for accreditation; or (b) to impose a condition, restriction or other limitation on an accreditation; or (c) to vary or revoke a condition, restriction or other limitation on an accreditation; or (d) to take disciplinary action; or (e) to serve an improvement notice. (3) Subsection (1) does not apply to a decision to the extent to which an application may be made by the applicant under section 136(1) for an order in respect of the decision. Transport Act 1983 - SECT 136B Time period for making application to VCAT 136B. Time period for making application to VCAT An application under section 136(1) or for review under section 136A(1) must be made within 28 days after the later of- (a) the day on which the decision of the licensing authority was made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Subdivision 8-Miscellaneous Transport Act 1983 - SECT 137 Accreditation cannot be transferred 137. Accreditation cannot be transferred (1) An accreditation- (a) is personal to the person who holds it; (b) is not capable of being transferred or assigned to any other person or otherwise dealt with by the person who holds it; (c) does not vest by operation of law in any other person. (2) A purported transfer, assignment or lease of an accreditation and any other purported dealing with an accreditation by the person who holds it is of no effect. (3) The holder of an accreditation must not purport to transfer or assign it to any other person or otherwise purport to deal with it. Penalty: 60 penalty units. (4) This section- (a) does not apply to the surrender of an accreditation in accordance with this Division; and (b) has effect despite anything in any Act or rule of law to the contrary. Transport Act 1983 - SECT 137A Holder of accreditation to notify of relevant change in circumstances 137A. Holder of accreditation to notify of relevant change in circumstances (1) If a relevant change in circumstances occurs with respect to an accreditation or an accredited person, the accredited person must notify the licensing authority of the change in writing within 7 days after becoming aware of the change. (2) For the purposes of subsection (1) a relevant change in circumstances is a change in circumstances- (a) that has resulted or will result in any particular set out in- (i) the application for the accreditation or in any document that accompanied that application or was supplied in connection with it; or (ii) the certificate of accreditation- becoming inaccurate or inapplicable; or (b) with respect to the manner of carrying out any activity to which the accreditation relates that has resulted or will or may result in the accredited person not being able to meet the business and service standards applicable to that activity; or (c) that has resulted or will or may result in a ground for refusal of accreditation referred to in section 132D, 132E or 132F becoming applicable to the accredited person or a relevant person in relation to the accredited person. (3) If the relevant change in circumstances has resulted or will result in any particular set out in the certificate of accreditation becoming inaccurate or inapplicable, the accredited person must surrender the certificate to the licensing authority within 7 days after becoming aware of the change. (4) An accredited person who contravenes subsection (1) or (3) is guilty of an offence and liable to- (a) in the case of a person accredited as a taxi-cab licence holder or as a taxi-cab operator, a penalty not exceeding 60 penalty units; and (b) in the case of a person accredited as a provider of taxi-cab network services, a penalty not exceeding 240 penalty units for a natural person and 1200 penalty units for a body corporate. (5) If a certificate of accreditation is surrendered to the licensing authority in accordance with subsection (3), the licensing authority may amend the certificate or issue a replacement certificate for the remainder of the period of the accreditation. (6) The licensing authority may require a person who is a relevant person in relation to an accredited person to provide any other information or comply with any other requirement (including a criminal records check) that the licensing authority reasonably requires to decide whether, because of a relevant change of circumstances, the accredited person is no longer a suitable person to be accredited. (7) A person must not fail to comply with a requirement under subsection (6). Penalty: 20 penalty units. Note A failure to comply with subsection (6) is also a ground for taking disciplinary action against the accredited person under section 135(d). Transport Act 1983 - SECT 137B Surrender of accreditation SECT 137B. Surrender of accreditation (1) An accredited person may apply in writing to the licensing authority for consent to the surrender of the accreditation. (2) An application under subsection (1) must be accompanied by the certificate of accreditation unless- (a) the certificate has already been returned to the licensing authority; or (b) the certificate has been lost, stolen or destroyed. (3) If subsection (2)(b) applies, the application must be accompanied by a statement, verified by a statutory declaration signed by or on behalf of the accredited person, that the certificate has been lost, stolen or destroyed. (4) If an application is made in accordance with this section, the licensing authority must consent to the surrender unless it is taking, or proposing to take, action to cancel or suspend the accreditation. (5) Despite subsection (4), the licensing authority may impose any condition on the grant of the consent that the licensing authority reasonably considers necessary to protect the interests of a third party. Transport Act 1983 - SECT 137C False representation in relation to accreditation 137C. False representation in relation to accreditation A person must not falsely represent that the person is accredited under this Division or holds an accreditation under this Division of a specified kind. Penalty: 30 penalty units. Transport Act 1983 - SECT 137D Communication with responsible person 137D. Communication with responsible person If an accredited person is not an individual, the licensing authority is entitled to communicate at any time in relation to the accreditation with the person who is the responsible person in relation to the accredited person. Transport Act 1983 - SECT 137E Regulations 137E. Regulations (1) The Governor in Council may make regulations for or with respect to- (a) accreditations under this Division, including, but not limited to, conditions to which accreditations, or any class of accreditation, are subject; and (b) exempting any provider of taxi-cab network services or class of provider of taxi-cab network services, or all providers of taxi-cab network services from the requirement to be accredited under this Division; and (c) any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division. (2) Without limiting subsection (1)(a), conditions prescribed under that subsection may include conditions relating to- (a) the keeping of records, including records as to gross revenue earned and complaints received and how dealt with; (b) the submission of information (including copies of records) to the licensing authority; (c) the inspection or auditing of records. (3) Any regulations made under this section- (a) may be of general or of specially limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may prescribe penalties of not more than 20 penalty units for any contravention of the regulations; and (d) may confer a power or discretionary authority on a person or a class of person; and (e) may apply adopt or incorporate (with or without modification) any matter contained in a document as in force at the time the regulations are made or at any time before then; and (f) may provide for the exemption of a specified person or thing or a specified class of person or thing from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified. Division 5-Commercial passenger vehicles2 Transport Act 1983 - SECT 138 Application of Division 138. Application of Division This Division shall not apply with respect to any motor vehicle while being used exclusively- (a) by a commercial traveller in the ordinary course of his business and carrying one or more other commercial travellers on a journey connected with the employment of such other commercial traveller or travellers as such; or (b) for the purposes of essential emergency transport of persons necessitated by failure break-down or stoppage of the ordinary passenger transport service in cases where the facts relating to such emergency transport are reported by the owner of the vehicle so used to the licensing authority within seven days after the act of transport is completed; (c) for the purposes of providing ambulance services (within the meaning of the Ambulance Services Act 1986) or for providing non-emergency patient transport services (within the meaning of the Non-Emergency Patient Transport Act 2003). * * * * * Transport Act 1983 - SECT 139 Vehicles not to be operated unless licensed 139. Vehicles not to be operated unless licensed (1) Subject to the regulations and subsections (1A) and (1B), a commercial passenger vehicle shall not operate on any highway unless it is licensed in accordance with this Division. (1A) The regulations may exempt from subsection (1) a specified commercial passenger vehicle or a specified class of commercial passenger vehicle operated by a specified person or a specified class of person who is accredited under Part 2 of the Public Transport Competition Act 1995 to operate a road transport passenger service within the meaning of that Act. (1B) A vehicle that is permitted under the laws of another State or Territory to operate as the equivalent of a commercial passenger vehicle may operate on a highway, if, in accordance with those laws- (a) it is used to pick up a passenger in that other State or Territory and to take the passenger to a destination in Victoria, and it operates on the highway solely for that purpose; or (b) having been pre-booked to do so, it is used to pick up a passenger in Victoria for the purpose of taking the passenger to a destination in that other State or Territory, and it operates on the highway solely for that purpose; or (c) it is used to pick up a passenger in a State or Territory other than Victoria and to take the passenger to a destination in a State or Territory other than Victoria, and it operates on the highway solely for that purpose. (1C) Subsection (1B) does not apply to a vehicle that is being used to operate a road transport passenger service within the meaning of the Public Transport Competition Act 1995. (2) Subject to this Division and Division 4 on the application of- (a) the owner; or (b) a person who intends to become the owner- of a commercial passenger vehicle the licensing authority may in respect of that vehicle grant that owner or intending owner a commercial passenger vehicle licence. Transport Act 1983 - SECT 140 Application for licence 140. Application for licence (1) An application for a commercial passenger vehicle licence must- (a) be in the form approved by the licensing authority; and (b) contain the particulars required by the licensing authority. (2) An application for a commercial passenger vehicle licence must be accompanied by the appropriate application fee determined under section 147B. Transport Act 1983 - SECT 141 Public commercial passenger vehicles 141. Public commercial passenger vehicles (1) Section 146 does not apply in relation to an application for a commercial passenger vehicle licence in respect of a vehicle which is to operate as a public commercial passenger vehicle or in relation to a commercial passenger vehicle licence granted in respect of such a vehicle. * * * * * * * * * * * * * * * (5) Notwithstanding anything in this section no commercial passenger vehicle shall be operated by or under contract with the Director or any other public authority unless there has been paid in respect of that vehicle to the Roads Corporation an amount equal to the fees payable under the Road Safety Act 1986 for the registration or renewal of registration of the vehicle as a motor vehicle. * * * * * Transport Act 1983 - SECT 141B Restricted hire vehicles 141B. Restricted hire vehicles * * * * * (2) Subject to this Division, the licensing authority must not grant an application for a restricted hire vehicle licence unless satisfied that the applicant is a fit and proper person to hold such a licence. (3) A restricted hire vehicle licence is not transferable to any other person. Transport Act 1983 - SECT 142 Hire cars and special purpose vehicles 142. Hire cars and special purpose vehicles (1) Subject to this Division, the licensing authority must not grant an application for a hire car licence or a special purpose vehicle licence unless the licensing authority is satisfied that the applicant is a fit and proper person to hold the licence and- (a) either- (i) the granting of the licence is consistent with any determination of policy made by the Minister under section 89; or (ii) the Minister has approved the granting of the licence even though to do so would be inconsistent with a determination of policy made by him or her under section 89; and (b) in the case of an application for a hire car licence in respect of a hire car that is to be operated from a place in a specified area- (i) the licensing authority has had regard to the interests of the people who either require, or provide, taxi-cab services or hire car services in any particular district or districts within which the service is proposed to be provided that is, or that are, in the specified area; and (ii) the licensing authority has had regard to whether or not the granting of the application would be likely to adversely affect the viability of the provision of existing taxi-cab or hire car services in that district or those districts. (1A) For the purposes of subsection (1)(b), a specified area is an area specified by the licensing authority for the purposes of subsection (1)(b) by notice published in the Government Gazette. (2) Subject to subsection (7), a fee must be paid for a hire car licence or a special purpose vehicle licence granted on or after 9 May 2002. (3) The fee is an amount determined from time to time by the Minister by Order published in the Government Gazette. (4) Subject to subsection (5), the fee is payable- (a) if the licence is granted before the day on which the Transport (Further Miscellaneous Amendments) Act 2002 receives the Royal Assent-within the period after that day specified by the licensing authority; or (b) in any other case-before the licence is granted. (5) The licensing authority may allow a licence fee to be paid by instalments and may issue a certificate evidencing the grant of the licence on the payment of the first instalment. (6) The licensing authority may suspend or cancel a licence if- (a) an instalment is not paid by the due date; or (b) in the case of a licence referred to in subsection (4)(a), the licence fee is not paid within the period specified under that subsection. (7) This Act, as in force immediately before 9 May 2002, continues to apply to the granting of a hire car licence or a special purpose vehicle licence if the application for the licence was made before that day. (8) Section 143 does not apply to the granting or refusal of a hire car licence or a special purpose vehicle licence if the application for the licence is made on or after 9 May 2002. Transport Act 1983 - SECT 143 Taxi-cab licences 143. Taxi-cab licences (1) Before granting or refusing to grant any application for a taxi-cab licence, the licensing authority shall have regard primarily to the interests of the public generally including those of persons requiring as well as those of persons providing facilities for the transport of passengers, and without restricting the generality of the foregoing requirement shall take into consideration- (a) the advantages of the service proposed to be provided, the saving of time which would be effected thereby, and the convenience (including the advantage arising from journeys not being broken) which would be afforded to the public by the provision of that service; (b) the existing transportation service for the conveyance of passengers upon the routes or within the area proposed to be served in relation to- (i) its present adequacy and probabilities of improvement to meet all reasonable public demands; (ii) the effect upon that existing service of the service proposed to be provided; and (iii) the fares paid by those passengers; (c) the benefit to any particular district or districts or to the residents thereof which would be afforded by the service proposed to be provided; (d) any report submitted by the council of any municipal council in the municipal district of which the service is proposed to be provided; (e) any report submitted by a regional advisory board established under section 36; (f) the condition of the roads to be included in any proposed route or area; * * * * * (h) any other relevant matters which the licensing authority considers will affect the interests of the public. (2) Subject to this Division, the licensing authority may grant the application with or without variation or may refuse to grant the application. (2A) The licensing authority must not grant a taxi-cab licence unless the applicant is accredited under Division 4 as a taxi-cab licence holder. (2B) The licensing authority must not grant a taxi-cab licence to which a condition referred to in section 143D(1)(b) is to be attached unless the applicant is accredited under Division 4 as a taxi-cab operator. (3) The licensing authority shall not grant a taxi-cab licence unless- (a) the granting of the licence is consistent with any determination of policy made by the Minister under section 89; or (b) the Minister has approved the granting of the licence notwithstanding any inconsistency with a determination of policy made by him or her under section 89. (4) This section does not apply to the granting of a taxi-cab licence to operate in an area proclaimed as a taxi-cab zone under section 143A. Transport Act 1983 - SECT 143A Power to make Orders for the granting of taxi-cab licences in taxi-cab zones 143A. Power to make Orders for the granting of taxi-cab licences in taxi-cab zones (1) The Minister may, by Order published in the Government Gazette- (a) proclaim an area or areas as a taxi-cab zone or zones; (b) specify whether the fees to be paid for taxi-cab licences are to be determined by tender or are to be a fixed price; (c) specify the classes of people and the qualifications of people eligible to apply and the procedures to be followed for the granting of taxi-cab licences; (d) specify the particulars that must be included in an application for a taxi-cab licence; (e) specify the date by which applications for taxi-cab licences must be lodged with the licensing authority; (f) provide that all applications for taxi-cab licences to operate in a proclaimed zone made before a specified time are to lapse. (2) Subject to an Order, on the application of- (a) the owner; or (b) a person who intends to become the owner- of a taxi-cab, the licensing authority may grant the owner or intending owner a taxi-cab licence. (3) If an Order specifies that a fixed price method be adopted for granting licences, the Order must also specify the price. (4) A fee must be paid for a taxi-cab licence. (5) If the fixed price method is adopted for granting licences, the fixed price is the licence fee payable. (6) If the tender method is adopted for granting licences, the amount specified in the tender is the licence fee payable. (7) An application for a taxi-cab licence must be accompanied by- (a) any particular required by the Order; and (b) the appropriate application fee determined under section 147B. (8) The licensing authority may grant taxi-cab licences to applicants at any time within one year of the closing date for applications. (9) On granting a licence, the licensing authority may give to the licence holder a certificate evidencing the grant of the licence. (10) The licensing authority may allow a licence fee to be paid by instalments and may issue a certificate evidencing the grant of the licence on the payment of the first instalment. (11) The licensing authority may suspend or cancel a licence if an instalment is not paid by the due date. (12) The licensing authority must not grant a taxi-cab licence to operate in an area proclaimed as a taxi-cab zone under this section unless the owner or intending owner is accredited under Division 4 as a taxi-cab licence holder. (13) The licensing authority must not grant a taxi-cab licence (being a licence to operate in an area proclaimed as a taxi-cab zone under this section) to which a condition referred to in section 143D(1)(b) is to be attached unless the owner or intending owner is accredited under Division 4 as a taxi-cab operator. * * * * * Transport Act 1983 - SECT 143C Review by Tribunal of refusal to grant licence 143C. Review by Tribunal of refusal to grant licence (1) An applicant may apply to the Tribunal for review of a decision by the licensing authority to refuse to grant an application for a commercial passenger vehicle licence other than an application in respect of a vehicle which is to operate as a public commercial passenger vehicle. (2) An application for review must be made within 28 days after the later of- (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given. Transport Act 1983 - SECT 143D Condition forbidding transfer of taxi-cab licence 143D. Condition forbidding transfer of taxi-cab licence (1) In issuing a taxi-cab licence, the licensing authority may attach one or more of the following conditions to the licence- (a) that the licence cannot be transferred, or cannot be transferred for a specified period; (b) that the licence cannot be assigned, or cannot be assigned for a specified period. (2) The licensing authority may not attach such a condition in respect of a taxi-cab licence granted under section 143A unless the relevant Order under that section stated that the licence would be subject to that condition. (3) Despite section 146, the licensing authority cannot remove or alter a condition attached to a licence under subsection (1). Transport Act 1983 - SECT 144 Conditions 144. Conditions (1) Subject to subsection (1AA), the following shall be implied conditions of every commercial passenger vehicle licence- (a) that the vehicle is maintained in a fit and serviceable condition; (b) that in relation to the vehicle, the provisions of any Act or regulation thereunder with respect to- (i) the manner in which and the persons by whom the vehicle may be driven; (ii) the number of passengers that may be carried in the vehicle; (iii) the construction equipment and condition of the vehicle; and (iv) limitation of hours of driving- are complied with; and (c) that the vehicle is not, without the consent in writing of the licensing authority, operated by any person other than the owner or a person employed by the owner; and (d) that if the licence holder does not commence to operate a commercial passenger vehicle service within 90 days of being sent notice by the licensing authority that it has granted the licence, the licensing authority may cancel the licence; and (e) that any direction given by the licensing authority or a delegate of the licensing authority under section 146AA is complied with. (1AA) Subsection (1) applies in respect of a restricted hire vehicle licence as if in paragraph (c) for the expression "owner or a person employed by the owner" there were substituted the expression "licence holder or a person employed by the licence holder". (1A) A person who breaches the licence condition implied by subsection (1)(a) or (1)(e) is guilty of an offence. Penalty: 10 penalty units for a first offence; 20 penalty units for a subsequent offence. (1B) The licensing authority may cancel a licence if the licence condition implied by subsection (1)(d) is breached. (1C) The licensing authority may give consent for the purposes of subsection (1)(c) by notice published in the Government Gazette relating to all commercial passenger vehicles or to a specified commercial passenger vehicle or a specified class of commercial passenger vehicle. (2) The licensing authority may in its discretion attach to any commercial passenger vehicle licence all or any of the following conditions, namely- (a) that the vehicle shall operate only upon specified routes or in a specified area; (b) that not more than a specified number of passengers shall be carried at any one time on the vehicle; (c) that specified time-tables shall be observed; (d) that reasonable fares or hiring rates shall be charged- (i) in the case of taxi-cabs, as determined by the Minister; and (ii) in all other cases, as specified in the conditions; (da) that any late night surcharge payable by a passenger in a taxi-cab is to be retained by the driver of the taxi-cab; (e) that prescribed records shall be kept; (f) that goods shall only be carried in accordance with the conditions specified; and (g) such other conditions appropriate to the service to be provided as the licensing authority thinks proper to impose in the public interest. (3) In addition to the conditions implied by subsection (1), the following are implied conditions of every taxi-cab licence- (a) that wireless equipment capable of transmitting images or data obtained from the use of a surveillance camera installed in the taxi-cab must not be installed in the taxi-cab; and (b) that equipment capable of making an audio recording, other than an emergency warning device, must not be installed in the taxi-cab. (4) A person who breaches a licence condition implied by subsection (3) is guilty of an offence. Penalty: 10 penalty units for a first offence; 20 penalty units for a subsequent offence. (5) If a taxi-cab licence is subject to the condition referred to in subsection (2)(da), a late night surcharge paid by a passenger in a taxi-cab may be retained by the driver of the taxi-cab despite any provision of any contract or agreement to the contrary. (6) Subsection (5) applies to a contract or agreement whether entered into before or after the commencement of section 10 of the Transport (Further Miscellaneous Amendments) Act 2002. (7) Subsections (2)(d)(i) (as amended by section 10(4)(a) of the Transport (Further Miscellaneous Amendments) Act 2002), (2)(da) and (3) apply to a taxi-cab licence whether granted before or after the commencement of section 10 of that Act. (8) For the purposes of the licence condition referred to in subsection (2)(d)(i), a determination by the Secretary of fares or hiring rates that was in force immediately before the commencement of section 10 of the Transport (Further Miscellaneous Amendments) Act 2002 is taken to be a determination of the Minister, until the Minister makes a determination under section 144A. (9) In this section- emergency warning device means an emergency warning device required to be installed in a taxi-cab under the regulations that is capable of activating an audio recording in the case of an emergency; late night surcharge means that part of a taxi-cab fare or hiring rate specified as a late night surcharge under section 144A(3). Transport Act 1983 - SECT 144A Determination of taxi fares or hiring rates 144A. Determination of taxi fares or hiring rates (1) For the purposes of the licence condition referred to in section 144(2)(d)(i), the Minister may from time to time determine the taxi-cab fares or hiring rates that may be charged. (2) The Minister cannot determine a fare or hiring rate under subsection (1) unless he or she- (a) has referred the matter to the Commission for investigation under Division 9 and has received the Commission's report on the investigation; and (b) has received a report from the Director. (3) The Minister may specify part of a fare or hiring rate as a late night surcharge. Transport Act 1983 - SECT 145 Classification of vehicles 145. Classification of vehicles The licensing authority may classify vehicles into different categories having regard to the type of vehicle and the commercial passenger service to be provided and in respect of which categories different types of licences may be granted and may at any time during the currency of a licence change the classification of a vehicle and the type of licence. Transport Act 1983 - SECT 146 Cancellation or alteration of licences 146. Cancellation or alteration of licences (1) Subject to this section the licensing authority may at any time during the currency of a commercial passenger vehicle licence- (a) upon its own motion and for reasons stated in writing sent to the licence holder; or (b) upon the application of the licence holder- cancel the licence or alter the conditions attached to that licence or alter the route or area in respect of which that licence was granted. (2) Notwithstanding anything in this section, the charter or touring conditions attached to a commercial passenger vehicle licence shall not be cancelled or altered pursuant to this section except upon the application of the owner of the vehicle in respect of which that licence was granted. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Transport Act 1983 - SECT 146AA Directions 146AA. Directions (1) Subject to this section, the licensing authority may at any time during the currency of a taxi-cab licence give, by any means that the licensing authority thinks fit, directions to- (a) the holder of a taxi-cab licence or class of taxi-cab licence; or (b) the driver of a taxi-cab- about the carrying of passengers in accordance with the conditions of the licence. (2) The licensing authority may, with the approval of the Minister, by instrument, delegate to a person by name or the holder of an office or position any power of the licensing authority under subsection (1). * * * * * Transport Act 1983 - SECT 146B Power to vary public commercial passenger vehicle licence 146B. Power to vary public commercial passenger vehicle licence Upon the application of the holder of a commercial passenger vehicle licence in respect of a vehicle which operates as a public commercial passenger vehicle, the licensing authority may vary any licence condition except a condition relating to routes or school contract operations. Transport Act 1983 - SECT 146C Review by Tribunal of licence cancellation etc. 146C. Review by Tribunal of licence cancellation etc. (1) The holder of a commercial passenger vehicle licence may apply to the Tribunal for review of a decision by the licensing authority- (a) to suspend the licence under section 143A(11) or 147A(3); or (b) to cancel the licence under section 143A(11), 144(1B), 146(1) or 147A(3); or (c) to alter the conditions attached to the licence or alter the route or area in respect of which it was granted under section 146(1) or 146B. (2) An application for review must be made within 28 days after the later of- (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the licence holder requests a statement of reasons for the decision, the day on which the statement of reasons is given to the licence holder or the licence holder is informed under section 46(5) of that Act that a statement of reasons will not be given. * * * * * * * * * * Transport Act 1983 - SECT 147A Annual licence fees 147A. Annual licence fees (1) The holder of a commercial passenger vehicle licence must pay the appropriate annual licence fee determined under section 147B in respect of every commercial passenger vehicle for which the holder has a licence. (2) Subsection (1) does not apply to vehicles licensed to operate solely as public commercial passenger vehicles. (3) The licensing authority may suspend or cancel a commercial passenger vehicle licence if the holder of the licence fails to pay any fee or instalment required to be paid in respect of the licence or the vehicle by or under this Act. * * * * * Transport Act 1983 - SECT 147B Setting of fees 147B. Setting of fees (1) The licensing authority may determine- (a) the fees payable under sections 140(2), 143A(7)(b), 147A(1) and (4), 149(1A)(b), 150(3), 151(2), 152 and 154(2); and (b) fees to be paid for inspections of commercial passenger vehicles or any other thing done by the licensing authority in relation to a commercial passenger vehicle or a licence for such a vehicle including, without limiting the generality of this paragraph, the fee to be paid for the issue of a replacement licence if a licence is lost, destroyed or mutilated. (2) The licensing authority must obtain the approval of the Minister for any fee determined by the licensing authority. (3) Fees take effect upon publication in the Government Gazette or upon any later date specified in a notice accompanying the publication of the fees in the Government Gazette. * * * * * Transport Act 1983 - SECT 149 Transfers of licences 149. Transfers of licences (1) Subject to this section, the holder of a commercial passenger vehicle licence may apply to the licensing authority for authority to transfer the licence to a specified person. (1AA) Subsection (1) does not apply to the holder of- (a) a restricted hire vehicle licence; or (b) a licence granted temporarily for a particular purpose of limited duration; or (c) a taxi-cab licence that has attached to it a current condition imposed under section 143D that states that the licence cannot be transferred. (1A) The application must be accompanied by- (a) a copy of the transfer agreement signed by the applicant and the intended transferee; and (b) the appropriate application fee determined under section 147B. (2) The licensing authority must not authorise the transfer of- (a) a commercial passenger vehicle licence in respect of a vehicle which operates as a public commercial passenger vehicle unless the licensing authority is satisfied that the transfer is in the general interests of the public; or (b) a taxi-cab licence that is suspended by force of section 156A(2) or (6) unless the licensing authority agrees to lift that suspension. (3) The licensing authority may, subject to subsection (2), authorize the transfer of a commercial passenger vehicle licence if it is satisfied- (a) other than in the case of a taxi-cab licence, that the person to whom it is proposed to transfer the licence is a suitable person having regard to his character, qualifications and financial stability; or (b) other than in the case of a taxi-cab licence, where the person to whom it is proposed to transfer the licence is a corporation- (i) that the directors of the corporation are suitable persons having regard to their character and qualifications; and (ii) as to the financial stability of the corporation; or (c) where the licence is subject to a condition that it must not be transferred for a specified time after it is issued, that there are special circumstances warranting the transfer within the period of time covered by the condition. (3AA) In addition to subsection (3)(c), the licensing authority may authorise the transfer of a taxi-cab licence if satisfied that- (a) the person to whom it is proposed to transfer the licence is accredited under Division 4 as a taxi-cab licence holder; and (b) in the case of a licence to which a condition referred to in section 143D(1)(b) is attached, the person to whom it is proposed to transfer the licence is accredited under Division 4 as a taxi-cab operator. (3A) In addition to subsections (3)(c) and (3AA), the licensing authority may authorize the transfer of a taxi-cab licence if- (a) a relevant dealing is a dealing of a kind or a class, and related information is information of a kind or class, that is required under the regulations to be, as the case requires, conducted, recorded or disclosed in accordance with- (i) the rules of a securities exchange or other system specified by the Director; or (ii) a method or rules specified by the Director; and (b) the licensing authority is satisfied that- (i) the relevant dealing has been so conducted, recorded or disclosed; and (ii) the related information has been so recorded or disclosed. (3B) In subsection (3A)- relevant dealing means a dealing for or in connection with the transfer of a taxi-cab licence; related information means information relating to a relevant dealing or necessary to enable a relevant dealing to be conducted. (4) Where the licensing authority has authorized the transfer of a licence, the licence must be transferred by the licensing authority upon it receiving a transfer- (a) in the form approved by the licensing authority; and (b) containing the particulars required by the licensing authority; and (c) executed by the transferor and transferee. * * * * * Transport Act 1983 - SECT 150 Assignments 150. Assignments (1) A holder of a licence to operate a taxi-cab (hereafter in this section referred to as the assignor) may apply to the licensing authority for authority to assign to a person specified in the application (hereafter in this section referred to as the assignee) his right to operate a vehicle under the licence. (1A) Subsection (1) does not apply to the holder of a taxi-cab licence that has attached to it a current condition imposed under section 143D that states that the licence cannot be assigned. (2) The licensing authority may grant any application under subsection (1) or may refuse any such application. (2AA) Without limiting subsection (2), the licensing authority must refuse an application unless the assignee is accredited under Division 4 as a taxi-cab operator. (2A) Without limiting subsection (2), the licensing authority must refuse an application if- (a) a relevant dealing is a dealing of a kind or a class, and related information is information of a kind or class, that is required under the regulations to be, as the case requires, conducted, recorded or disclosed in accordance with- (i) the rules of a securities exchange or other system specified by the Director; or (ii) a method or rules specified by the Director; and (b) the licensing authority is not satisfied that- (i) the relevant dealing has been so conducted, recorded or disclosed; and (ii) the related information has been so recorded or disclosed. (2B) In subsection (2A)- relevant dealing means a dealing for or in connection with the assignment of the right to operate a vehicle under a taxi-cab licence; related information means information relating to a relevant dealing or necessary to enable a relevant dealing to be conducted. (3) Where the licensing authority grants an application under subsection (1) the licensing authority shall upon payment of the appropriate application fee determined under section 147B authorize the assignment of the right to operate a vehicle under the licence. (4) An authority under this section shall be subject to such of the following conditions as are applicable in the circumstances, namely: (a) That an agreement containing covenants in the form of Schedule 7 or to the like effect be entered into by the assignor and the assignee and a copy thereof lodged with the licensing authority before the assignee operates a vehicle under the assignment; (b) That if the assignee proposes, in the course of exercising his rights under the assignment, to operate a vehicle owned by or under the control of the assignor the assignor and the assignee shall enter into an agreement approved by the licensing authority for leasing the vehicle for the period of the assignment of the rights under the licence; (c) That the assignee shall for the purposes of this Division and the regulations made under this Division have all the privileges, duties and responsibilities of the assignor as holder of the licence with respect to the operation of the vehicle under the licence- and subject to such other conditions, limitations and restrictions- (d) as are prescribed; or (e) as the licensing authority considers are appropriate. (4A) An assignment or purported assignment under this section is of no effect if- (a) it is not authorised by the licensing authority under this section; or (b) it is not made in writing; or (c) subject to subsection (4B), it is not for a fixed period of 3 years or less. (4B) An assignment under this section may provide for the termination of the assignment in specified circumstances before the expiry of the period of the assignment. (4C) An assignment under this section cannot be renewed and cannot be varied so as to extend the period of the assignment. (4D) Nothing in subsection (4C) prevents a fresh application being made under subsection (1) for authority to assign the right to operate a vehicle under a licence to operate a taxi-cab to an assignee or former assignee of that right. (5) The assignee of a licence under this section shall not assign or attempt to assign his rights under the assignment. * * * * * (7) Unless sooner cancelled under subsection (6) or otherwise terminated, an assignment under this section ends at the expiration of the period of the assignment. Transport Act 1983 - SECT 150A Unauthorised person must not trade in taxi-cab licences 150A. Unauthorised person must not trade in taxi-cab licences (1) A person must not trade in taxi-cab licences unless he, she or it is authorised to do so under regulations made under section 162. Penalty: 500 penalty units. (2) For the purposes of this section, a person trades in taxi-cab licences if he, she or it- (a) negotiates on behalf of another person for the transfer of a taxi-cab licence to that other person or for the assignment of the right to operate a vehicle under a taxi-cab licence to that other person; (b) negotiates on behalf of another person for the transfer of a taxi-cab licence held by that other person or for the assignment of a right to operate a vehicle under a taxi-cab licence held by that other person; (c) advertises that he, she or it is able or willing to do anything set out in paragraph (a) or (b); (d) in any way holds himself, herself or itself out to another person as being able or willing to do anything set out in paragraph (a) or (b). Transport Act 1983 - SECT 151 Use of substitute vehicles where licensed vehicles undergoing repair 151. Use of substitute vehicles where licensed vehicles undergoing repair (1) Where any licensed vehicle is temporarily out of use while undergoing repair the licensing authority may on the application of the owner authorize him in writing to use a substitute vehicle for such period as it thinks proper and the terms and conditions of the licence in respect of the original vehicle shall extend and apply to such substitute vehicle during the period for which it is so used. (2) The application must be accompanied by the appropriate application fee determined under section 147B. Transport Act 1983 - SECT 152 As to substitution of vehicles generally 152. As to substitution of vehicles generally The licensing authority may on the application of the owner of a licensed vehicle and on the payment of the appropriate application fee determined under section 147B authorize the owner to substitute a vehicle for the licensed vehicle and where any such substitution is authorized the terms and conditions of the licence in respect of the original vehicle shall extend and apply to the substituted vehicle. Transport Act 1983 - SECT 153 Cancellation of licence for vehicles 153. Cancellation of licence for vehicles (1) Where the licensing authority is satisfied that any vehicle licensed under this Division is no longer fit and suitable for the purpose for which it is licensed or has been in use for a period longer than is prescribed in relation to vehicles of the class to which the vehicle belongs the licensing authority may after notifying the owner of the licensed vehicle that the licensing authority proposes to cancel the licence issued in respect of the vehicle from such date as is specified in the notice cancel that licence as from that date. (2) The owner of a licensed vehicle may apply to the Tribunal for review of a decision by the licensing authority to cancel the licence under subsection (1). (3) An application for review must be made within 28 days after the later of- (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the owner or the owner is informed under section 46(5) of that Act that a statement of reasons will not be given. (4) The licensing authority may revoke any cancellation made pursuant to subsection (1) if the owner- (a) applies to have a suitable vehicle substituted for the vehicle licensed under this Division; or (b) in a case where the licence is cancelled on the ground that the vehicle licensed under this Division is no longer fit and suitable for the purpose for which it is licensed satisfies the licensing authority that the vehicle has been made fit and suitable for that purpose. Transport Act 1983 - SECT 154 Temporary permit 154. Temporary permit (1) The licensing authority or any person authorized in that behalf by the licensing authority in writing (whether generally or in any particular case) may grant to the owner of any licensed vehicle a permit authorizing such vehicle to operate temporarily in any manner not specified in the licence. (2) There shall be paid in respect of each permit granted pursuant to subsection (1) the appropriate fee determined under section 147B. Transport Act 1983 - SECT 155 Goods vehicle used as passenger vehicle to be licensed 155. Goods vehicle used as passenger vehicle to be licensed (1) No motor vehicle constructed or ordinarily used for the carriage of goods shall be used for the carriage of passengers for hire or reward unless such motor vehicle- (a) is licensed as a commercial passenger vehicle; or (b) is licensed under a special licence for the purpose which the licensing authority or any person authorized whether generally or in any particular case in that behalf by the licensing authority is hereby authorized to grant upon such conditions as it thinks fit. (2) Subsection (1) shall not apply in respect of a passenger who is- (a) the owner of the vehicle; (b) a member of the owner's family and who resides in the same household with him; (c) an employee of the owner and actually employed and remunerated by him in connexion with the operation of the vehicle at the time; or (d) carried in a tow truck, if that carriage is not prohibited under the Accident Towing Services Act 2007. (3) Subject to subsection (4), the owner and the driver of any motor vehicle which is used in contravention of this section shall be severally guilty of an offence against this Division. (4) In any prosecution against the driver of any motor vehicle under this section it shall be a good defence if the driver satisfies the court hearing the prosecution that he did not know that the motor vehicle was not licensed as required by this section. * * * * * Transport Act 1983 - SECT 156A Effect on taxi-cab licences of certain outcomes 156A. Effect on taxi-cab licences of certain outcomes (1) If the accreditation under Division 4 of a person as a taxi-cab licence holder is cancelled under Subdivision 6 of that Division or under section 272(5) or is surrendered with the consent of the licensing authority under section 137B or expires without being renewed- (a) any taxi-cab licence held by the person to which a condition referred to in section 143D(1)(a) is attached is revoked by force of this subsection; and (b) any other taxi-cab licence held by the person is revoked by force of this subsection on the expiry of the period of 90 days after that cancellation or surrender or expiry of accreditation (or any longer period allowed by the licensing authority) unless the licence is transferred in accordance with this Division to another person before then. (2) If the accreditation under Division 4 of a person as a taxi-cab licence holder is suspended under Subdivision 6 of that Division, any taxi-cab licence held by the person (including any licence the right to operate a vehicle under which has been assigned by that person under section 150) is, subject to section 149(2), suspended by force of this subsection for the same period as the accreditation is suspended. (3) If a taxi-cab licence to which a condition referred to in section 143D(1)(b) is not attached is transferred in accordance with this Division to a person who is accredited as a taxi-cab licence holder, but not as a taxi-cab operator, the licence is revoked by force of this subsection on the expiry of the period of 90 days after that transfer (or any longer period allowed by the licensing authority) unless before then the transferee in accordance with this Division- (a) assigns to another person the right to operate a vehicle under the licence; or (b) transfers the licence to another person. (4) If the operator of a taxi-cab is found guilty of an offence against section 131- (a) if the right to operate a vehicle under a taxi-cab licence has been assigned to the operator under section 150, the assignment is revoked by force of this subsection; and (b) if the operator is the holder of a taxi-cab licence to which conditions under both section 143D(1)(a) and (b) are attached, the licence is revoked by force of this subsection; and (c) if the operator is the holder of a taxi-cab licence to which conditions under both section 143D(1)(a) and (b) are not attached, the licence is revoked by force of this subsection on the expiry of the period of 90 days after the finding (or any longer period allowed by the licensing authority) unless before then the operator in accordance with this Division- (i) assigns to another person the right to operate a vehicle under the licence; or (ii) transfers the licence to another person. (5) If the accreditation under Division 4 of a person as a taxi-cab operator is cancelled under Subdivision 6 of that Division or under section 272(5) or is surrendered with the consent of the licensing authority under section 137B or expires without being renewed- (a) if the right to operate a vehicle under a taxi-cab licence has been assigned to the operator under section 150, the assignment is revoked by force of this subsection; and (b) if the operator is the holder of a taxi-cab licence to which conditions under both section 143D(1)(a) and (b) are attached, the licence is revoked by force of this subsection; and (c) if the operator is the holder of a taxi-cab licence to which conditions under both section 143D(1)(a) and (b) are not attached, the licence is revoked by force of this subsection on the expiry of the period of 90 days after the cancellation or surrender or expiry of accreditation (or any longer period allowed by the licensing authority) unless before then the operator in accordance with this Division- (i) assigns to another person the right to operate a vehicle under the licence; or (ii) transfers the licence to another person. (6) If the accreditation under Division 4 of a person as a taxi-cab operator is suspended under Subdivision 6 of that Division- (a) any assignment to the operator under section 150 of the right to operate a vehicle under a taxi-cab licence is suspended by force of this subsection for the same period as the accreditation is suspended; and (b) any taxi-cab licence held by the operator (other than any licence the right to operate a vehicle under which has been assigned by that person under section 150) is, subject to section 149(2), suspended by force of this subsection for the same period as the accreditation is suspended. Transport Act 1983 - SECT 157 Revocation or suspension of licence, permit or certificate 157. Revocation or suspension of licence, permit or certificate (1) Subject to subsection (3), the licensing authority may by notice in writing to the holder of a licence or permit granted under this Division, suspend or revoke the licence or permit on the ground that any of the conditions attached to the licence or permit or the provisions of this Act or the Road Safety Act 1986 or the regulations made under those Acts applicable thereto have not been complied with, if the licensing authority is satisfied that because of- (a) the frequency of; (b) the wilful commission of; or (c) the danger to the public as a result of- the breach of those conditions or the provisions of this Act or the Road Safety Act 1986 or the regulations, the licence or permit should be revoked or suspended. (2) Subject to subsection (3), the licensing authority may by notice in writing suspend or revoke a licence or permit granted under this Division if it is satisfied that- (a) any statement made to the licensing authority was wilfully false in any material particular; or (b) the holder of the licence or permit is not a fit and proper person to hold that licence or permit. * * * * * (3) The licensing authority shall not suspend or revoke a licence or permit pursuant to this section unless the holder of the licence or permit has been given a reasonable opportunity to show cause why the licence or permit should not be suspended or revoked. (4) The holder of a licence or permit granted under this Division may apply to the Tribunal for review of a decision by the licensing authority under this section to suspend or revoke the licence or permit3. (4A) An application for review must be made within 28 days after the later of- (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the licence or permit holder requests a statement of reasons for the decision, the day on which the statement of reasons is given to the licence or permit holder or the licence or permit holder is informed under section 46(5) of that Act that a statement of reasons will not be given. * * * * * * * * * * * * * * * * * * * * Transport Act 1983 - SECT 158 Offences 158. Offences (1) Subject to subsection (2), the driver and the owner of any commercial passenger vehicle which operates as a commercial passenger vehicle on any highway without being authorized to so operate by a licence, permit or other authority required by or under this Division shall be severally guilty of an offence against this Division. (2) In any prosecution against the driver pursuant to subsection (1) it shall be a good defence if the driver satisfies the court hearing the prosecution that he did not know that the vehicle was not authorized to so operate. (3) The driver and the owner of any licensed commercial passenger vehicle which operates otherwise than in accordance with the provisions or conditions of any licence, permit or other authority required by or under this Division or any regulations made under section 162 shall be severally guilty of an offence against this Division. (4) In any prosecution under this section it shall be a good defence if the defendant satisfies the court that- (a) the commercial passenger vehicle operated in contravention of this section without his knowledge; or (b) the vehicle was used only in a case of emergency for the purpose of completing a journey in substitution for a vehicle authorized to operate by a licence, permit or other authority required by or under this Division. Transport Act 1983 - SECT 158A Touting 158A. Touting (1) A person who at a specified place- (a) touts for the business of the hire of a motor vehicle; or (b) makes an offer to hire a motor vehicle; or (c) solicits custom for the hire of a motor vehicle; or (d) induces a person to hire a motor vehicle- by personally approaching a person on his or her own behalf or on behalf of another person or by displaying advertising material on or about his or her person is guilty of an offence. (2) A person who at a place other than a specified place- (a) touts for the business of the hire of a motor vehicle; or (b) makes an offer to hire a motor vehicle; or (c) solicits custom for the hire of a motor vehicle; or (d) induces a person to hire a motor vehicle- by personally approaching a person on his or her own behalf or on behalf of another person or by displaying advertising material on or about his or her person is guilty of an offence. (3) A person who is guilty of an offence under this section is liable to a penalty not exceeding 50 penalty units. (4) A person is not guilty of an offence under subsection (2) if- (a) the motor vehicle is a licensed commercial passenger vehicle; and (b) the conduct set out in subsection (2) is not in breach of the conditions of the licence or the regulations. (5) The Director of Public Transport may by notice published in the Government Gazette specify places for the purposes of this section. (6) In this section- advertising material does not include an insignia or business name when it forms part of a uniform; hire, in relation to a motor vehicle, means the hire of that vehicle together with the provision of a driver. Transport Act 1983 - SECT 158B Offences relating to security cameras and privacy of passengers 158B. Offences relating to security cameras and privacy of passengers (1) A person must not download or print an image or other data obtained from the use of a security camera installed in a taxi-cab unless- (a) the person is acting in accordance with- (i) an agreement under section 158C; and (ii) the regulations (if any); or (b) the person is employed in the Department and is acting in accordance with- (i) the written authorisation of the Director; and (ii) the regulations (if any). Penalty: In the case of a natural person, 240 penalty units; In the case of a body corporate, 1200 penalty units. (2) A person must not- (a) possess, publish, transmit or disclose to any other person an image or other data obtained from the use of a security camera in a taxi-cab; or (b) transmit images or data directly from a security camera in a taxi-cab- unless the person is acting in accordance with- (c) the written authorisation of the Director; and (d) the regulations (if any). Penalty: In the case of a natural person, 240 penalty units; In the case of a body corporate, 1200 penalty units. (3) The Director's written authorisation for the purpose of subsection (1)(b) or (2) is subject to- (a) any conditions determined by the Director and specified in the authorisation; and (b) any conditions prescribed by the regulations. (4) A person must not make an audio recording of any person who has hired a taxi-cab (the passenger) while the passenger is travelling in the taxi-cab. Penalty: In the case of a natural person, 240 penalty units; In the case of a body corporate, 1200 penalty units. (5) Subsection (4) does not apply to an audio recording resulting from the operation of an emergency warning device within the meaning of section 144(9). (6) Nothing in this section- (a) applies to prohibit anything done by a member of the police force in the course of his or her duty that would be lawful apart from this section; or (b) affects or takes away from the provisions of the Surveillance Devices Act 1999. Transport Act 1983 - SECT 158C Agreements in relation to images obtained from security cameras 158C. Agreements in relation to images obtained from security cameras (1) The Director may make an agreement with a person for the downloading or printing of images or other data obtained from the use of a security camera installed in a taxi-cab. (2) The agreement may authorise the person with whom it is made, or a person employed or engaged by that person, to download or print images or other data obtained from the use of a security camera installed in a taxi-cab, on the terms and conditions contained in the agreement. (3) The Information Privacy Act 2000 applies to a person with whom the Director makes an agreement under this section as if- (a) the person were a contracted service provider; and (b) the agreement were a State contract- within the meaning of that Act. (4) Without limiting the application of subsection (3), an agreement under this section between the Director and a person must provide for the person to be bound by the Information Privacy Principles under the Information Privacy Act 2000 and any applicable code of practice under that Act with respect to any act done, or practice engaged in, by the person for the purposes of the agreement in the same way and to the same extent as the Director would have been bound by them in respect of that act or practice had it been directly done or engaged in by the Director. Transport Act 1983 - SECT 159 Onus of proof upon defendant in certain cases 159. Onus of proof upon defendant in certain cases In any prosecution against the owner or driver of any commercial passenger vehicle the onus shall lie upon the defendant of proving that the passengers carried upon such vehicle were not carried for reward at separate and distinct fares for each passenger but the defendant shall not be under any obligation to discharge such onus until the informant first discharges the onus of proving that the passengers carried upon such vehicle were carried for reward. Transport Act 1983 - SECT 160 General penalty 160. General penalty (1) Subject to subsection (2), every person guilty of an offence against this Division or any regulations made under section 162 for which a penalty is not expressly provided shall be liable- (a) in the case of a first offence, to a penalty of not more than 5 penalty units; and (b) in the case of a second or any subsequent offence, to a penalty of not more than 10 penalty units. * * * * * (2) Every person guilty of an offence against section 158(1) where the vehicle has a seating capacity for not more than 12 people (including the driver) is liable to a penalty of not more than 50 penalty units. Transport Act 1983 - SECT 161 Penalty for failure to pay hiring rate 161. Penalty for failure to pay hiring rate Where any person is convicted of the offence of not paying a hiring rate in the manner prescribed in the regulations under section 162 the court before which he is convicted may in addition to any other penalty order the person to pay to the person to whom the hiring rate should have been paid an amount equal to the amount that should have been paid by way of hiring rate together with such compensation, as the court thinks fit, for the expense and inconvenience caused to the person to whom the hiring rate should have been paid, by the non-payment. Transport Act 1983 - SECT 162 Regulations 162. Regulations (1) The Governor in Council may make regulations for or with respect to- (a) the design and construction of commercial passenger vehicles so as to secure the safety comfort and convenience of drivers, passengers and the public; (aa) empowering an officer of the licensing authority to exempt particular commercial passenger vehicles or classes of those vehicles from any of the provisions made under paragraph (a); (b) the fitting of screens equipment and warning devices on commercial passenger vehicles of such dimensions design and construction as the licensing authority shall approve so as to secure the safety of drivers, and the prohibiting of the operation of such equipment or devices except on prescribed occasions; (ba) the equipment to be used, or not to be used, in or on commercial passenger vehicles; (bb) without limiting paragraph (b)- (i) requiring the installation of security cameras in taxi-cabs; and (ii) regulating the installation and use of security cameras in taxi-cabs and the downloading, printing, possession, publication, transmission and disclosure of images or other data obtained from them; (bc) information derived from or contained in equipment required or permitted by or under this Act or the regulations to be used in or on a taxi-cab, including- (i) the keeping of the information; and (ii) the provision of the information to the licensing authority; and (iii) the inspection or auditing of the information by or on behalf of the licensing authority; (c) prescribing and regulating in respect of vehicles (including motor vehicles operating under a special licence under section 155)- (i) the conduct and duties of owners, drivers, conductors and passengers; (ii) the dress and appearance of drivers and conductors; (iia) the appearance of the vehicles (including the signs, notices and labels to be used, or not to be used, in or on the vehicles); (iii) the fares or hiring rates to be paid by passengers, the collection thereof and the issue of tickets; (iv) the safeguarding and disposal of lost or unclaimed property left in or carried on such vehicles; (v) agreements between owners and drivers of such vehicles; (vi) generally, conditions relating to the operation and use of such vehicles; (ca) appointing stands and feeder ranks for commercial passenger vehicles; (d) prohibiting or regulating the carriage of goods in commercial passenger vehicles; (e) the alteration, maintenance and repair of vehicles; (ea) the inspection of commercial passenger vehicles; (f) the publication of time-tables, fares and rates in or on vehicles whether by exhibition or otherwise; * * * * * * * * * * (gb) exempting from section 139(1) a specified commercial passenger vehicle or a specified class of commercial passenger vehicle operated by a specified person or a specified class of person of a kind referred to in section 139(1A); (h) the conditions to which licences or permits are subject; (i) applications for licences or permits and the revocation or suspension thereof; (ia) specifying, in relation to the granting of taxi-cab licences under section 143A- (i) the classes of people and the qualifications of people eligible to apply for licences; and (ii) the procedures to be followed for the granting of licences; (j) records to be kept in relation to vehicles and the inspection of those records; (k) the furnishing by owners of vehicles of statistical and other information; * * * * * (m) the transfer of licences; (ma) regulating trading in taxi-cab licences (within the meaning of section 150A), including- (i) requiring that a person trading in taxi-cab licences be accredited to do so; (ii) providing for a system of accreditation to support such a requirement, including- (A) imposing minimum requirements concerning integrity, competence and financial capacity; (B) the conditions to be observed by an accredited person in trading in taxi-cab licences (including conditions concerning the amounts that may be charged for carrying out that trading); * * * * * (iv) requiring that specified information, or information of a specified type, be provided by a person trading in taxi-cab licences to a person to whom a taxi-cab licence is to be transferred or to whom a right to operate a vehicle under a taxi-cab licence is to be assigned; * * * * * (mb) authorising a person, or class of person, to trade in taxi-cab licences (within the meaning of section 150A) in specified circumstances; (mc) specifying dealings or classes of dealings for or in connection with the transfer of taxi-cab licences or the assignment of rights to operate vehicles under taxi-cab licences that must be conducted, recorded or disclosed in accordance with- (i) the rules of a securities exchange or other system specified by the Director; or (ii) a method or rules specified by the Director; (md) specifying information or classes of information- (i) relating to dealings or classes of dealings referred to in paragraph (mc); or (ii) necessary to enable dealings or classes of dealings referred to in paragraph (mc) to be conducted- that must be recorded or disclosed in accordance with the rules of a securities exchange or other system specified by the Director, or a method or rules specified by the Director; (me) enabling the Director to specify a securities exchange or other system or a method or rules referred to in paragraphs (mc) and (md); * * * * * * * * * * (o) the assignment of rights under licences, the conditions to which assignments are to be subject and the cancellation or suspension of such assignments; and (oa) prohibiting or regulating smoking in vehicles; (p) generally, all such matters and things as are authorized or permitted to be prescribed or are necessary or expedient to be prescribed for carrying this Division into effect. (2) Any regulations made under this section- (a) may be of general or of specially limited application; (b) may differ according to differences in time, place or circumstance; and (c) may prescribe penalties of not more than 20 penalty units for any breach thereof; and (d) may confer a power or a discretionary authority on a person or body or a class of people or bodies; and (e) may apply, adopt or incorporate (with or without modification) any matter contained in a document as in force at the time the regulations are made or at any time before then; and (f) may provide for the exemption of a specified person, body or thing or a specified class of persons, bodies or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and (g) may provide that an application may be made to the Tribunal for review of a decision made by a specified person in the exercise or purported exercise of a power conferred by the regulations. Division 6-Driver accreditation-commercial passenger vehicles and private bus services Transport Act 1983 - SECT 163 Interpretation 163. Interpretation (1) In this Division, a reference to a person who has been found guilty of an offence is a reference to a person- (a) against whom a court has made a formal finding that he or she is guilty of the offence; or (b) from whom a court has accepted a plea that he or she is guilty of the offence; or (c) from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that he or she has committed the offence, or from whom a similar admission has been accepted under equivalent provisions of the laws of a jurisdiction other than Victoria; or (d) against whom a finding has been made under- (i) section 17(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she was not guilty of the offence because of mental impairment; or (ii) section 17(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she committed the offence or an offence available as an alternative; or (iii) the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 of not guilty because of mental impairment- or against whom a similar finding has been made under equivalent provisions of the laws of a jurisdiction other than Victoria- being an admission, plea or finding that has not been subsequently quashed or set aside by a court. (2) In this Division, a reference to a person who has been charged with an offence is a reference to a person- (a) against whom a presentment has been made or an indictment has been laid for the offence; or (b) against whom a charge has been filed for the offence, whether or not- (i) a summons to answer to the charge; or (ii) a warrant to arrest the person- has been issued or served. (3) In this Division, a reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally dealt with by- (a) being withdrawn or by the entering of a nolle prosequi; or (b) the charge having been dismissed by a court; or (c) the person against whom the charge has been laid having been discharged by a court following a committal hearing; or (d) the person against whom the charge has been laid having been acquitted or found guilty of the offence that was the subject of the charge by a court; or (e) any other prescribed means. Transport Act 1983 - SECT 164 Public care objective 164. Public care objective (1) The public care objective is the objective that the services provided by drivers of commercial passenger vehicles and vehicles used for the operation of private bus services- (a) be provided- (i) with safety; and (ii) with comfort, amenity and convenience- to persons using the services and to other persons, particularly children and other vulnerable persons; and (b) be carried out in a manner that is not fraudulent or dishonest. Note Other vulnerable persons include elderly and disabled persons. (2) In this Division, a reference to the public care objective is a reference to the objective set out in subsection (1). Transport Act 1983 - SECT 165 Offence to drive certain vehicles without accreditation 165. Offence to drive certain vehicles without accreditation (1) A person must not drive- (a) a commercial passenger vehicle; or (b) a vehicle being used for the operation of a private bus service- unless that person holds a driver accreditation. Penalty: 60 penalty units. (2) Subsection (1)(a) does not apply to a person who is driving a commercial passenger vehicle, if there is no passenger being carried in the vehicle for hire or reward and the person is driving the vehicle- (a) to test the vehicle; or (b) as a trainee driver under instruction; or (c) in the case of a commercial passenger vehicle that is not a taxi-cab, solely for private use. (3) Subsection (1)(b) does not apply to a person who is driving a vehicle that is used for the operation of a private bus service- (a) to test the vehicle; or (b) as a trainee driver under instruction; or (c) solely for private use. (4) Despite anything to the contrary in this section, it is not necessary for a driver of a commercial passenger vehicle to hold a driver accreditation if- (a) he or she is driving a vehicle that is permitted by the laws of another State or Territory to operate as the equivalent of a commercial passenger vehicle; and (b) he or she is driving the vehicle in Victoria in any of the circumstances set out in section 139(1B). Transport Act 1983 - SECT 166 Director's power to accredit persons 166. Director's power to accredit persons (1) The Director may accredit a person to drive- (a) a commercial passenger vehicle; or (b) a vehicle being used for the operation of a private bus service. (2) A person may apply to the Director for the issue of a driver accreditation. (3) An application under subsection (2) must be- (a) in the form approved by the Director; and (b) accompanied by any information or thing required by the Director; and (c) accompanied by the fee (if any) for the application determined by the Director. Transport Act 1983 - SECT 167 Tests, qualifications and other requirements 167. Tests, qualifications and other requirements (1) The Director may require an applicant for driver accreditation to do all or any of the following- (a) to undertake a specified course of training; (b) to hold a specified qualification; (c) to pass tests specified by the Director including tests relating to- (i) the applicant's fitness to drive a vehicle; or (ii) the applicant's medical condition. (1A) The Director may specify courses of training by reference to either or both of the following- (a) the name of the course; (b) the provider of the course. (1B) In specifying a course of training, the Director must be satisfied as to- (a) the content or nature of the course; and (b) the materials, resources and equipment required to provide the course. (1C) In specifying a course of training under this section, the Director must have regard to- (a) the public care objective; and (b) the objective of ensuring that applicants are technically competent to operate a commercial passenger vehicle. (1D) Without limiting subsection (1) or (1A), the courses of training, qualifications and tests specified by the Director may include those relating to- (a) the driving of vehicles of a specified class or classes; (b) the knowledge of the names and location of significant streets and places in Melbourne or any other area relevant to the specified class of vehicle; (c) the knowledge and use of the English language; (d) customer service in the field of commercial passenger transport and private bus services. (1E) The Director must publish the name and provider of any course of training specified under this section on the Department's Internet site. (2) The Director may require an applicant for a driver accreditation to- (a) give the Director a certificate from a prescribed class of person stating that the applicant is not suffering from any condition which would prevent him or her from driving a vehicle; and (b) give the Director a certificate stating that he or she has passed a prescribed vision acuteness test; and (c) be photographed, or have a digitised image of the applicant made, at a place and in a manner specified by the Director; and (d) give the Director 3 recent colour passport size photographs of the applicant showing his or her head and full face only; and (e) give the Director a specimen signature at a place and in a manner specified by the Director. Transport Act 1983 - SECT 168 Term and renewal of accreditation 168. Term and renewal of accreditation (1) A driver accreditation remains in force for the period specified in the accreditation, which must not be more than 3 years. (2) The holder of a driver accreditation may apply to the Director for renewal of the accreditation. (3) An application under subsection (2) must be- (a) made before the expiry of the accreditation; and (b) in the form approved by the Director; and (c) accompanied by any information or thing required by the Director; and (d) accompanied by the fee (if any) for the application determined by the Director. (4) Despite subsection (3)(a), the Director may accept an application that has been made after the expiry of the accreditation if the applicant pays the additional fee (if any) that is determined by the Director for the lodgement of late applications. Transport Act 1983 - SECT 169 Matters to be considered by the Director when issuing or renewing an accreditation 169. Matters to be considered by the Director when issuing or renewing an accreditation (1) If subsection (2), (3) or (4) does not apply to an applicant for the issue or renewal of a driver accreditation, the Director may grant the application if the Director is satisfied- (a) that the issuing of accreditation is appropriate having regard to the public care objective; and (b) that the applicant- (i) is technically competent and sufficiently fit and healthy to be able to provide the service; and (ii) is suitable in other respects to provide the service; and (c) that the applicant has complied with the application requirements under this Division. (1A) For the purposes of subsection (1), the Director must have regard to whether the applicant has at any time been subject to a finding of a prescribed kind made by, or on behalf of a prescribed body, referred to in section 14(1)(a) of the Working with Children Act 2005. (2) The Director must not issue or renew a driver accreditation if the Director is aware that the applicant- (a) does not hold either- (i) a driver licence under the Road Safety Act 1986; or (ii) a probationary driver licence under the Road Safety Act 1986, where the applicant has also satisfied the Director that he or she is competent to provide the service because he or she has relevant experience or is a person to whom other special circumstances apply; or (b) has been found guilty of a category 1 offence; or (c) is a person who is subject to- (i) reporting obligations referred to in section 12(1)(a) of the Working with Children Act 2005; or (ii) an order referred to in section 12(1)(b) of the Working with Children Act 2005. (3) The Director must not issue or renew a driver accreditation if the Director is aware that the applicant is the subject of a charge for a category 1 offence or has been found guilty of a category 2 offence unless the Director is satisfied that the applicant has demonstrated that the issue or renewal of accreditation is appropriate having regard to the public care objective. (4) The Director may refuse to issue or renew a driver accreditation if the Director is aware that the applicant- (a) has been found guilty of a category 3 offence; or (b) is the subject to a charge for a category 2 offence or category 3 offence that has not been finally disposed of at the time of considering the application. (5) In making a decision under subsection (3) or (4), the Director may have regard to any matter to which a consideration in section 169C(3)(b) would apply. (6) The Director must not make a decision under subsection (3) or (4) to issue or renew an accreditation unless the Director is satisfied of the matters set out in subsection (1)(a) to (c). (7) The Director must not refuse to issue or renew an accreditation to a person on a ground referred to in subsection (2) if a decision to refuse to issue an accreditation or renew an accreditation or a decision to cancel an accreditation in respect of that person on that ground has previously been overturned by VCAT. Transport Act 1983 - SECT 169A Imposition of conditions on accreditation 169A. Imposition of conditions on accreditation (1) The Director may impose conditions on a driver accreditation either- (a) on issuing or renewing the accreditation; or (b) at any time during the course of an accreditation. (2) In considering whether or not to impose conditions on an accreditation, the Director must have regard to the public care objective. (2A) Without limiting subsection (1), the Director may impose on a driver accreditation a condition requiring the holder of the accreditation to undertake a course of training or to pass a test specified under section 167. (3) Nothing in the regulations is to be taken to limit the power of the Director to impose conditions under this section. (4) The Director must give the person to whom a driver accreditation is issued, or whose driver accreditation is renewed, a written copy of any conditions the Director imposes on the relevant driver accreditation. Transport Act 1983 - SECT 169B Offence to fail to comply with conditions 169B. Offence to fail to comply with conditions The holder of an accreditation under this Division must comply with any conditions imposed by the Director on the accreditation under section 169A. Penalty: 10 penalty units. Transport Act 1983 - SECT 169C Disqualification by Director from ability to apply for accreditation 169C. Disqualification by Director from ability to apply for accreditation (1) If the Director has refused the application for the issue or renewal of the accreditation the Director may determine that the applicant is disqualified from applying for accreditation under this Division for the period determined by the Director. (2) The period determined by the Director under subsection (1) must not exceed 5 years. (3) In making a determination under subsection (1), the Director must have regard to- (a) the public care objective; and (b) if the applicant has been found guilty of a category 2 offence or category 3 offence- (i) the nature and gravity of the offence and its relevance to the service to be provided by the applicant; and (ii) the period of time since the applicant committed the offence; and (iii) whether a finding of guilt or conviction was recorded; and (iv) the sentence imposed for the offence; and (v) the age of the applicant when the offence was committed; and (vi) in relation to any sexual offence, the age of any victim; and (vii) whether or not the conduct that constituted the offence has been decriminalised since the offence was committed; and (viii) the applicant's behaviour since committing the offence; and (ix) the likelihood of the applicant committing another such offence in the future, in particular, any future threat to a child or other vulnerable person; and (x) any information given by the applicant; and (xi) any other matter the Director considers relevant. (4) A person who has been disqualified under this section is not entitled to make a further application for the issue of accreditation until the period determined by the Director has elapsed unless, since the date of disqualification, there has been a relevant change in circumstances. (5) For the purposes of subsection (4), a relevant change in circumstances includes where- (a) a charge that the person was subject to, that was pending at the date of the disqualification, is finally dealt with, without the person being found guilty of the offence; or (b) a finding of guilt of the person is quashed or set aside by a court after the date of the disqualification; or * * * * * (e) a finding on which the decision to disqualify the person under subsection (1) was based is quashed or set aside after the date of the disqualification. Transport Act 1983 - SECT 169D Certificate of accreditation 169D. Certificate of accreditation On issuing or renewing a driver accreditation the Director must issue a certificate of accreditation that- (a) is in the form approved by the Director; and (b) sets out- (i) the name of the holder of the accreditation; and (ii) the type of vehicle the holder is accredited to drive. * * * * * Transport Act 1983 - SECT 169E Mandatory cancellation in certain circumstances 169E. Mandatory cancellation in certain circumstances (1) If the holder of a driver accreditation has been found guilty of a category 1 offence or becomes subject to the reporting obligations, or an order, referred to in section 169(2)(c), the Director must cancel that person's accreditation. (2) The Director must not cancel an accreditation of a person on a ground referred to in subsection (1) if a decision to refuse to issue an accreditation or renew an accreditation or a decision to cancel an accreditation in respect of that person on that ground has previously been overturned by VCAT. Transport Act 1983 - SECT 169EA Mandatory suspension in certain circumstances 169EA. Mandatory suspension in certain circumstances (1) This section applies if the holder of a driver accreditation has his or her driver licence or probationary licence under the Road Safety Act 1986 suspended or cancelled under that Act. (2) The Director must suspend that person's driver accreditation. (3) A suspension under this section of a driver accreditation remains in force until the Director reinstates the accreditation of the person in accordance with section 169EB. Transport Act 1983 - SECT 169EB Reinstatement of driver accreditation in certain circumstances where it has been suspended 169EB. Reinstatement of driver accreditation in certain circumstances where it has been suspended The Director must reinstate the accreditation of a person suspended in accordance with section 169EA if- (a) the person gives evidence, to the satisfaction of the Director, that- (i) the suspension of the person's driver licence or probationary licence under the Road Safety Act 1986 has ceased; or (ii) the person has been granted a driver licence or probationary licence under the Road Safety Act 1986; and (b) there are no grounds for the Director to consider taking action under section 169I(1). Transport Act 1983 - SECT 169EC Person whose driver licence or probationary licence is suspended or cancelled must notify the Director 169EC. Person whose driver licence or probationary licence is suspended or cancelled must notify the Director The holder of a driver accreditation, whose driver licence or probationary licence under the Road Safety Act 1986 is suspended or cancelled under that Act, must, within 7 days of that suspension or cancellation- (a) notify the Director of that suspension or cancellation; and (b) return to the Director his or her certificate of accreditation. Penalty: 5 penalty units. Transport Act 1983 - SECT 169F Powers of the Director to consider disciplinary action 169F. Powers of the Director to consider disciplinary action If the Director is satisfied that there are reasonable grounds for believing that the holder of a driver accreditation- (a) has been found guilty of a category 2 offence or a category 3 offence or is subject to a charge for a disqualifying offence that has not been finally disposed of; or (b) has failed to comply with a condition of the accreditation; or (c) would no longer satisfy any one or more of the matters set out in section 169(1)(a) or (b)- the Director may consider taking action under section 169I(1). Transport Act 1983 - SECT 169G Notice to holder of accreditation 169G. Notice to holder of accreditation Before taking action under section 169I(1) the Director must give to the holder a notice- (a) stating that the Director is satisfied that there are grounds for taking action under section 169I(1); and (b) setting out those grounds; and (c) specifying that the holder may make a written submission under section 169H and setting out the date by which the submission must be made under section 169H(2). Transport Act 1983 - SECT 169H Submissions to Director 169H. Submissions to Director (1) A person who has received a notice from the Director- (a) under section 169G; or (b) in any case where the Director has suspended an accreditation under section 169K, a notice under section 169K(3)- may make a written submission to the Director as to the matters set out in the notice. (2) A submission under this section must be received by the Director- (a) in the case where the Director has suspended the accreditation of the person under section 169K, no later than 14 days after the day on which the person received the notice under section 169G or if a later date has been specified by the Director in the notice, that date; or (b) in any other case, no later than 28 days after the day on which the person received the notice under section 169G or if a later date has been specified by the Director in the notice, that date. Transport Act 1983 - SECT 169I Actions Director may take after consideration 169I. Actions Director may take after consideration (1) If, after considering all the material available, the Director is of the opinion that the ground on which the Director considered taking action has been established, the Director may decide to take one or more of the following actions- (a) reprimand the holder of the accreditation; (b) warn the holder of the accreditation that more serious action may be taken in the future if the holder repeats the behaviour; (ba) require the holder of the accreditation to undertake a course of training or to pass a test specified under section 167; (c) impose a further condition on the accreditation; (d) suspend the accreditation for a specified period or until a specified event occurs; (e) cancel the accreditation; (f) disqualify the holder of the accreditation from being accredited or applying for accreditation for a specified period not exceeding 5 years. (2) In making a decision under subsection (1), if the holder of the accreditation is alleged to have committed a disqualifying offence, the Director must have regard to any matter to which a consideration in section 169C(3)(b) would apply. Transport Act 1983 - SECT 169J Notice of Director's decision 169J. Notice of Director's decision On making a decision under section 169I(1), the Director must notify the holder of the accreditation, in writing, of the decision and of the reasons for the decision. Transport Act 1983 - SECT 169K Interim suspension of accreditation 169K. Interim suspension of accreditation (1) On making a decision under section 169F to consider taking action under section 169I, the Director may suspend the driver accreditation of the person in respect of whom the decision is made, if the Director is satisfied that it is necessary to do so, having regard to the public care objective. (2) The Director, on being satisfied that the holder of a driver accreditation- (a) has been charged with a category 1 offence and the charge has not been finally disposed of, must suspend the driver accreditation; or (b) has been charged with a category 2 offence or a category 3 offence and the charge has not been finally disposed of, may suspend the driver accreditation. (3) The Director must serve notice of a suspension under this section of a driver accreditation on the holder of the accreditation. (4) A notice under subsection (3) must set out the reasons for the suspension. (5) A suspension under subsection (1) remains in force- (a) until the Director has made a decision as to the action to be taken under section 169I; or (b) until the Director re-instates the accreditation- whichever is the earlier. (6) A suspension under subsection (2) remains in force- (a) until the charge is finally disposed of; or (b) until the Director re-instates the accreditation- whichever is the earlier. Transport Act 1983 - SECT 169L Re-instatement of accreditation 169L. Re-instatement of accreditation If the Director has suspended the driver accreditation of a person under section 169I or 169K pending the hearing of a charge for a disqualifying offence, and the person is not found guilty of the offence, the Director must re-instate the accreditation of the person. Transport Act 1983 - SECT 169M Compensation for lost income during suspension 169M. Compensation for lost income during suspension (1) The holder of a driver accreditation to whom section 169L applies may apply to the Director for a determination of compensation for any income lost during the period of suspension. (2) An application under subsection (1) must be- (a) in writing; and (b) in the form approved by the Director; and (c) accompanied by any information or thing required by the Director. (3) On receiving an application under subsection (1), the Director may determine the amount of compensation to which the holder of the accreditation is entitled. (4) An amount determined by the Director under subsection (3) may be recovered as a debt owed by the Crown to the holder of the accreditation. Transport Act 1983 - SECT 169N Jurisdiction of VCAT as to category 1 offenders 169N. Jurisdiction of VCAT as to category 1 offenders (1) A person- (a) whose application for the issue or renewal of a driver accreditation is refused on a ground set out in section 169(2)(b) or (c); or (b) whose driver accreditation is cancelled under section 169E- may apply to VCAT for an order that the Director issue, renew or reinstate the driver accreditation (as the case may be). (2) On an application under subsection (1) VCAT may by order direct the Director to- (a) issue a driver accreditation to the applicant; or (b) renew the driver accreditation of the applicant; or (c) reinstate the driver accreditation of the applicant. (3) VCAT must not make an order under subsection (2) to issue, renew or reinstate an accreditation unless- (a) VCAT is satisfied of the matters set out in section 169(1)(b); and (b) the applicant has demonstrated that the issue, renewal or reinstatement is appropriate having regard to the public care objective; and (c) VCAT is satisfied that- (i) the making of the order would not pose an unjustifiable risk to the safety of persons using services provided by the drivers of commercial passenger vehicles and private bus services, having regard to- (A) the matters set out in section 169C(3)(b)(i) to (x); and (B) any other matter that VCAT considers relevant to the application; and (ii) in all the circumstances, it is in the public interest to make the order. * * * * * (5) The Director must comply with an order made by VCAT under this section. Transport Act 1983 - SECT 169O Review of decision by VCAT 169O. Review of decision by VCAT (1) A person, who is affected by the relevant decision, may apply to VCAT for a review of- (a) a decision of the Director to refuse to issue or renew an accreditation under this Division; or (b) a decision of the Director to suspend or cancel an accreditation under this Division; or (c) a decision of the Director to impose a condition on an accreditation under this Division; or (d) a determination of the Director to disqualify the person from applying for the issue of an accreditation under this Division (where the person's application for the issue or renewal of that accreditation is refused); or (e) a decision of the Director not to, or a failure by the Director to, under section 169EB reinstate the accreditation of a person suspended in accordance with section 169EA. (2) To avoid doubt, subsection (1) does not apply to a refusal of the Director to issue or renew a driver accreditation or to a cancellation of a driver accreditation in the circumstances in which section 169N(1) applies. (3) VCAT must not make a decision under subsection (1) unless VCAT is satisfied that the decision is appropriate having regard to the public care objective. (4) VCAT must not make a decision under this section to issue, renew or reinstate an accreditation unless VCAT is satisfied of the matters set out in section 169(1)(b). (5) In making a decision under this section on a matter involving a disqualifying offence VCAT may have regard to any matter to which a consideration in section 169C(3)(b) would apply. Transport Act 1983 - SECT 169P Time period for making application for review 169P. Time period for making application for review (1) An application to VCAT for an order under section 169N must be made within 28 days of the refusal of the application for driver accreditation or the cancellation of the driver accreditation (as the case requires). (2) An application for review under section 169O must be made within 28 days of the later of- (a) the day on which the decision was made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Transport Act 1983 - SECT 169Q Offence not to sign certificate on receipt 169Q. Offence not to sign certificate on receipt The holder of a driver accreditation, on receiving a certificate of accreditation under section 169D, must sign the certificate. Penalty: 5 penalty units. Transport Act 1983 - SECT 169R Offence not to notify change of address and give driver accreditation 169R. Offence not to notify change of address and give driver accreditation The holder of a driver accreditation must, within 7 days of changing his or her residential address- (a) notify the Director of the change of residential address; and (b) return to the Director his or her certificate of accreditation. Penalty: 5 penalty units. Transport Act 1983 - SECT 169S Offence not to notify of suspension or cancellation of accreditation 169S. Offence not to notify of suspension or cancellation of accreditation (1) If the holder of a driver accreditation is employed or engaged by a relevant operator the holder of the driver accreditation must notify the relevant operator of any suspension or cancellation of his or her driver accreditation within 7 days of receiving notice of the suspension or cancellation. Penalty: 5 penalty units. (2) In this section- relevant operator means a person who- (a) is the operator of a taxi-cab; or (b) holds a licence granted under Division 5 in respect of a commercial passenger vehicle (other than a taxi-cab); or (c) is an accredited person. Note Accredited person is defined in the Public Transport Competition Act 1995. See also section 3(3) of that Act. Transport Act 1983 - SECT 169T Offence not to notify of being charged with, or found guilty of, a disqualifying offence 169T. Offence not to notify of being charged with, or found guilty of, a disqualifying offence (1) If the holder of a driver accreditation is charged with, or found guilty of, a disqualifying offence the holder must notify the Director of the charge or the finding of guilt within 28 days of the holder being so charged or found guilty. Penalty: 5 penalty units. (2) If the holder of a driver accreditation becomes subject to- (a) the reporting obligations; or (b) an order- referred to in section 169(2)(c), the holder must notify the Director of the obligation or order within 28 days of the holder becoming so subject. Penalty: 5 penalty units. Transport Act 1983 - SECT 169U Offence to retain illegible certificate 169U. Offence to retain illegible certificate If the certificate of accreditation of the holder of a driver accreditation becomes illegible or is altered or defaced, the holder must return the certificate to the Director and apply for the issue of a replacement certificate. Penalty: 5 penalty units. Transport Act 1983 - SECT 169V Offence to retain certificate if accreditation suspended or cancelled 169V. Offence to retain certificate if accreditation suspended or cancelled If the accreditation of the holder of a driver accreditation is suspended or cancelled, the holder must return his or her certificate of accreditation to the Director within 28 days of receiving notice of the suspension or cancellation. Penalty: 5 penalty units. Transport Act 1983 - SECT 169W Offence not to carry certificate when driving 169W. Offence not to carry certificate when driving If the holder of a driver accreditation is driving a vehicle in circumstances in which he or she is required under this Division to have the accreditation, he or she must carry his or her certificate of accreditation. Penalty: 5 penalty units. Transport Act 1983 - SECT 169WA Operator must not permit non-accredited driver to drive commercial passenger vehicle etc. 169WA. Operator must not permit non-accredited driver to drive commercial passenger vehicle etc. (1) In this section- relevant operator means a person who- (a) is an operator of a taxi-cab; or (b) holds a licence granted under Division 5 in respect of a commercial passenger vehicle (other than a taxi-cab); or (c) is an accredited person. Note Accredited person is defined in the Public Transport Competition Act 1995. See also section 3(3) of that Act. (2) A relevant operator must not permit a person who is not a holder of a driver accreditation (the second person) to drive- (a) a commercial passenger vehicle operated by the relevant operator; or (b) a vehicle being used by the relevant operator for the operation of a private bus service. Penalty: 10 penalty units. (3) A relevant operator is not guilty of an offence under subsection (2) if the operator believed, after making all reasonable enquiries, that the second person was the holder of a driver accreditation. Transport Act 1983 - SECT 169WB Holder of accreditation must not permit non-accredited driver to drive commercial passenger vehicle etc. 169WB. Holder of accreditation must not permit non-accredited driver to drive commercial passenger vehicle etc. (1) The holder of a driver accreditation must not permit a person who is not a holder of a driver accreditation (the second person) to drive- (a) a commercial passenger vehicle; or (b) a vehicle being used for the operation of a private bus service. Penalty: 10 penalty units. (2) A holder of a driver accreditation is not guilty of an offence under subsection (1) if the holder believed, after making all reasonable enquiries, that the second person was the holder of a driver accreditation. Transport Act 1983 - SECT 169X Offence not to produce certificate when asked 169X. Offence not to produce certificate when asked If the holder of a driver accreditation is driving a vehicle in circumstances in which he or she is required under this Division to have the accreditation, and if the holder is asked by an authorised officer or a member of the police force to produce his or her certificate of accreditation, he or she must do so. Penalty: 5 penalty units. Transport Act 1983 - SECT 169Y Power of Director to determine fees 169Y. Power of Director to determine fees (1) The Director may determine fees for applications under this Division. (2) The Director must obtain the approval of the Minister for any determination made under subsection (1). (3) Any fee determined under subsection (1) may differ according to differences to time, place or circumstance. (4) Any fee determined by the Director under subsection (1) must be published in the Government Gazette. Transport Act 1983 - SECT 169Z Regulations 169Z. Regulations (1) The Governor in Council may make regulations for or with respect to- (a) prescribing and regulating in respect of persons who are holders of accreditations under this Division- (i) the conduct and duties of such persons; and (ii) the dress and appearance of such persons; and (iii) the safeguarding and disposal of lost or unclaimed property left in or carried on vehicles that are required to be driven by such persons; and (iv) generally, conditions relating to the operation and use of vehicles when driven by such persons; (b) accreditations under this Division, including, but not limited to- (i) conditions to which such accreditations or any class of such accreditations are subject; and (ii) qualifications to be required of, and the tests to be passed by, applicants for such accreditations; and (iii) applications for such accreditations and the cancellation or suspension of such accreditations; (c) any matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division. (2) Any regulations made under this section- (a) may be of general or of specially limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may prescribe penalties of not more than 20 penalty units for any contravention of or failure to comply with the regulations; and (d) may confer a power or discretionary authority on a person or body or a class of person or body; and (e) may apply adopt or incorporate (with or without modification) any matter contained in a document as in force at the time the regulations are made or at any time before then; and (f) may provide for the exemption of a specified person, body or thing or a specified class of person, body or thing from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified. * * * * * * * * * * * * * * * Division 9-Commission investigations Transport Act 1983 - SECT 186 Reference by Minister 186. Reference by Minister (1) The Commission must conduct an investigation into any matter relating to- (a) licence fees for hire car licences or special purpose vehicle licences; or (b) taxi-cab fares or hiring rates; or (c) charges determined under section 211 of the Accident Towing Services Act 2007- that the Minister by written notice refers to the Commission for investigation under this Division. (2) The Minister must consult with the Minister administering the Essential Services Commission Act 2001 before referring a matter to the Commission. (3) The written notice must specify the terms of reference for the investigation. (4) The Minister referring a matter- (a) may specify a period within which a report is to be submitted to the Minister; (b) may require the Commission to make a draft report publicly available or available to specified persons or bodies during the investigation; (c) may require the Commission to consider specified matters; (d) may give the Commission specific directions in respect of the conduct of the investigation; (e) may specify objectives that the Commission is to have in performing its functions and exercising its powers in relation to the investigation. (5) If the Minister has referred a matter to the Commission for investigation, the Minister may, by written notice given to the Commission, withdraw or amend the reference at any time before the Minister has received the report from the Commission. (6) The Minister must cause a notice given to the Commission under this section to be published in the Government Gazette. Transport Act 1983 - SECT 187 Conduct of investigation 187. Conduct of investigation (1) Subject to this Act and any directions under section 186(4)(d), the Commission may conduct an investigation under this Division in any manner the Commission considers appropriate. (2) In conducting an investigation, the Commission is not bound by rules or practices as to evidence but may inform itself in relation to any matter in any manner the Commission considers appropriate. (3) The Commission may receive written submissions or statements. (4) If the Commission holds a public hearing- (a) the Commission has a discretion as to whether any person may appear before the Commission in person or be represented by another person; (b) the Commission may determine that the hearing, or part of the hearing, be held in private if it is satisfied that- (i) it would be in the public interest; or (ii) the evidence is of a confidential or commercially sensitive nature. (5) In conducting an investigation, the Commission- (a) may consult with any person that it considers appropriate; (b) may hold public seminars and hold workshops; (c) may establish working groups and task forces. Transport Act 1983 - SECT 188 Objectives not to apply 188. Objectives not to apply Except to the extent (if any) that the Minister otherwise determines, the objectives of the Commission under the Essential Services Commission Act 2001 or any other Act do not apply to the functions and powers of the Commission under this Division. Transport Act 1983 - SECT 189 Powers relating to investigations 189. Powers relating to investigations (1) The Commission may serve upon any person a summons- (a) to provide specified information; (b) to produce specified documents; (c) to appear before the Commission to give evidence. (2) The Commission may make an order for the manner of service, including substituted service, of a summons under subsection (1). (3) A person must not, without lawful excuse, disobey a summons of the Commission. Penalty: 60 penalty units. (4) It is a lawful excuse for the purposes of subsection (3) that compliance may tend to incriminate the person or make the person liable to a penalty for any other offence. (5) A person must not give information to the Commission that he or she knows is false or misleading. Penalty: 120 penalty units or imprisonment for 6 months. (6) A person must not- (a) threaten, intimidate or coerce another person; or (b) take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, injury or disadvantage- because that other person assisted, or intends to assist, any investigation conducted by the Commission. Penalty: 120 penalty units. (7) Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person because of the making in good faith of a statement, or the giving in good faith of a document or information to the Commission in connection with an investigation under this Division, whether or not the statement is made, or the document or information is given, in connection with a written submission or a public hearing. Transport Act 1983 - SECT 190 Reports 190. Reports (1) The Commission must submit a copy of its report on an investigation to the Minister. (2) If, in the opinion of the Commission, a report will contain confidential or commercially sensitive information, the Commission must divide the report into- (a) a document containing the confidential or commercially sensitive information; and (b) another document containing the rest of the report. (3) Any information that the Commission may disclose under section 38 of the Essential Services Commission Act 2001 is not confidential or commercially sensitive for the purposes of subsection (2) unless an appeal panel states that it is imposing a restriction under section 56(7)(b)(i) of that Act. (4) If the Commission submits a final report to the Minister in the form required by subsection (2), a reference to the final report in subsections (5), (6) and (7) is to be read as a reference to the document described in subsection (2)(b). (5) The Minister must cause a copy of the final report to be laid before each House of the Parliament within 7 sitting days of the House after receiving the final report. (6) The Minister must, after the final report has been laid before each House of the Parliament, or if the Parliament is not sitting, within 30 days after receiving a final report, ensure that a copy of the final report is available for public inspection. (7) After the Minister has made a final report publicly available, the Commission must ensure that copies are made publicly available. Transport Act 1983 - SECT 191 Application of confidentiality provisions of Essential Services Commission Act 2001 191. Application of confidentiality provisions of Essential Services Commission Act 2001 For the purposes of this Division, section 38 of the Essential Services Commission Act 2001 applies as if- (a) in subsection (1)(a) of that section, after "section 37, 44 or 51" there were inserted "or section 189 of the Transport Act 1983"; and (b) in subsection (2)(c)(iii) of that section, after "section 45 or 52" there were inserted "or section 190 of the Transport Act 1983"; and (c) in subsection (3)(c) of that section, after "section 45(2) or 52(2)" there were inserted "or section 190(2) of the Transport Act 1983". * * * * * Division 10-Events affecting public transport Transport Act 1983 - SECT 192 Meaning of event and organiser 192. Meaning of event and organiser (1) In this Division, an event is a gathering of people for a common purpose or purposes that is organised by a person or body. (2) For the purposes of this Division, the organiser of an event is the person or body that is primarily responsible for organising the event. Transport Act 1983 - SECT 193 Events to which this Division applies 193. Events to which this Division applies This Division only applies to an event if it is reasonable to expect that the event will require the deviation, delay, replacement, supplementation or cancellation of a regular public transport service provided by a passenger transport company or a bus company. Transport Act 1983 - SECT 194 Meaning of regular public transport service 194. Meaning of regular public transport service For the purposes of this Division, a public transport service is regular if it is scheduled to occur on a regular basis at fixed times or frequencies on fixed routes. Transport Act 1983 - SECT 195 Organiser must give notice of proposed event 195. Organiser must give notice of proposed event (1) The organiser of an event must notify the Director that the event is to be held- (a) in the case of an event that is reasonably expected to attract an attendance of no more than 10 000 people, at least 120 days before the event starts, if the date of the event is set or known by the organiser at least 120 days before the event is to start; or (b) in the case of an event that is reasonably expected to attract an attendance of more than 10 000 people, at least 150 days before the event starts, if the date of the event is set or known by the organiser at least 150 days before the event is to start; or (c) as soon as is practicable after the date of the event is set or known by the organiser, if that date is only set or known less than 120 or 150 days (as the case may be) before the event is to start. (2) The notification of the event- (a) must be made in writing; and (b) must contain a description of the event and any other details required by the Director by notice published in the Government Gazette. Transport Act 1983 - SECT 196 Director may ask that a public transport plan be submitted 196. Director may ask that a public transport plan be submitted After receiving notification of an event, the Director may, after consultation with each municipal council in whose municipal district the event is to be held, ask the organiser of the event to submit a public transport plan for the event to the Director. Transport Act 1983 - SECT 197 Public transport plans 197. Public transport plans (1) A public transport plan is a document that identifies the impact an event is expected to have on regular public transport services and that sets out- (a) the measures by which it is proposed to mitigate that impact; and (b) any proposals to modify the affected services to provide for any additional public transport needs generated by the event. (2) Without limiting the generality of subsection (1), a public transport plan must address the following issues arising from the event to the extent that they contribute to the impact of the event on public transport- (a) the management of vehicular traffic; (b) the management of the movement of pedestrians; (c) the provision of public transport services; (d) the safety of people in relation to public transport services; (e) the provision of access by emergency services to, or through the area affected by, the event; (f) the maintenance of access to public transport services from properties in, or next to, the area affected by the event; (g) the existence, or provision, of parking facilities. Transport Act 1983 - SECT 198 Preparation of public transport plans 198. Preparation of public transport plans (1) If the organiser of an event is asked by the Director to prepare a public transport plan for the event, the organiser must- (a) advise all affected passenger transport companies and bus companies of the event and its expected impact, and seek proposals from them as to how to deal with that impact; and (b) in the light of those proposals, attempt to negotiate an agreement with those companies on how to deal with that impact; and (c) consult, in respect of the plan, with- (i) all affected municipal councils; and (ii) if asked by the Director, with the Director. (2) If the organiser of an event seeks a proposal from a passenger transport company or bus company under subsection (1), the company must take all reasonable steps to provide a reasonable proposal and must attempt to negotiate an agreement with the organiser as to how to deal with the impact of the event on its regular public transport services. Transport Act 1983 - SECT 199 By when public transport plans to be submitted 199. By when public transport plans to be submitted (1) If asked to provide a public transport plan to the Director under this Division, an event organiser must submit the plan to the Director- (a) if notification of the event was given to the Director under section 195(1)(a) or 195(1)(b), at least 60 days before the event is to start; or (b) if notification of the event was given to the Director under section 195(1)(c), by the date specified by the Director. (2) In specifying a date for the purposes of subsection (1)(b), the Director must ensure, having regard to the time available before the event is to start, that the date specified will enable the organiser to have sufficient time to prepare the plan. Transport Act 1983 - SECT 200 Director may impose fee 200. Director may impose fee (1) The Director may, by notice published in the Government Gazette, set a fee that is to be paid by an event organiser who submits a public transport plan to the Director. (2) If the Director has set a fee under subsection (1), an event organiser who submits a public transport plan to the Director must pay the fee to the Director. (3) If the Director has set a fee under subsection (1), he or she may refuse to consider a public transport plan until the fee payable in relation to the plan has been paid. Transport Act 1983 - SECT 201 Alternative arrangements if time limited 201. Alternative arrangements if time limited (1) This section applies if- (a) the Director receives notification of an event under section 195(1)(c); and (b) in the opinion of the Director- (i) it would be desirable to minimise the impact the event will have on regular public transport services; but (ii) there is insufficient time to require the organiser of the event to submit a public transport plan for the event. (2) The Director may require the organiser of the event, for the purpose, in the time available, of minimising the impact the event will have on regular public transport services, or of providing for any additional public transport needs that may be generated by the event, to do all or any of the following- (a) to liaise with specified passenger transport companies or bus companies; or (b) to attend meetings organised by the Director; or (c) to take any other action specified by the Director. Transport Act 1983 - SECT 202 Director may waive or reduce time limits 202. Director may waive or reduce time limits (1) The Director may waive or reduce any time limit referred to in section 195 or 199. (2) The Director must exercise the power conferred by this section reasonably. Transport Act 1983 - SECT 203 Approval of public transport plans 203. Approval of public transport plans (1) The Director must approve or not approve a public transport plan that has been submitted to him or her. (2) In approving a public transport plan, the Director may impose conditions to which his or her approval is subject. (3) Without limiting the generality of subsection (2), the Director may make the approval of a plan subject to the condition that the event organiser who submitted the plan meet all or part of any net additional costs incurred by the Department or a passenger transport company or bus company as a result of the holding of the event. Transport Act 1983 - SECT 204 Consequences of a failure to comply with this Division 204. Consequences of a failure to comply with this Division (1) This section applies if an event to which this Division applies is held and the organiser of the event- (a) fails to comply with section 195; or (b) fails to submit a public transport plan to the Director after being asked to do so; or (c) fails to comply with any conditions to which the approval of a public transport plan is subject; or (d) unreasonably fails to comply with any requirements imposed by the Director under section 201. (2) This section also applies if an event to which this Division applies is held after- (a) the Director has refused to approve a public transport plan submitted to the Director in relation to the event; or (b) a public transport plan is submitted to the Director, but it is not approved either because- (i) it was not submitted in accordance with this Division; or (ii) any fee payable in relation to the plan was not paid- and no such plan approved by the Director exists at the time the event is held. (3) The Director may recover from the organiser as a debt the whole or part of any net additional costs incurred by the Department or a passenger transport company or bus company as a result of the holding of the event or of the breach of conditions. (4) If the Director recovers under this section any costs incurred by a passenger transport company or bus company, the Director must remit those costs, less any reasonable costs incurred by the Director in recovering the costs, to the company as soon as is practicable after receiving them. (5) Except as provided by this section, the organiser of an event is not otherwise liable either criminally or civilly for any failure to comply with this Division. (6) The organiser of an event is not liable to be stopped from holding the event by way of injunction merely because there has been a failure to comply with this Division in respect of the event. _______________ Transport Act 1983 - PART VII PART VII PROSECUTIONS, ENFORCEMENT AND PENALTIES AND OTHER MATTERS Division 1-Interpretations Transport Act 1983 - SECT 208 Definitions 208. Definitions In this Part unless inconsistent with the context or subject-matter- authorised officer means a person authorised by the Director under section 221A or 221AB; * * * * * carriage means any passenger vehicle operated by or on behalf of a passenger transport or bus company; hand held reader means a portable device or combination of portable devices capable of copying or transferring information from a smartcard and displaying and recording that information; * * * * * * * * * * motor vehicle means a motor vehicle within the meaning of the Road Safety Act 1986 and includes a trailer attached to the vehicle; owner- (a) where the vehicle is a motor vehicle, means the person in whose name the motor vehicle is registered under the Road Safety Act 1986 or any Act or Ordinance of any State or Territory of the Commonwealth corresponding to that Act (whether the property in the motor vehicle is vested in him or not); and (b) where the vehicle is not a motor vehicle, includes a sole owner, joint owner or part owner of the vehicle or any person who has the possession and use thereof under or subject to a hire-purchase agreement or bill of sale or like instrument; prescribed device means- (a) a smartcard; or (b) a hand held reader of a prescribed kind; or (c) any other device prescribed by the regulations for the purposes of sections 230AB, 230AD and 230AE; public transport service means a service provided by a bus company or a passenger transport company to transport members of the public, and includes any ancillary matters such as allowing entry to any place used in relation to the provision of such a service; rail safety worker has the same meaning as in the Rail Safety Act 2006; safety work infringement means an offence under section 76(1)(a), (g) or (h) of the Rail Safety Act 2006 in circumstances where- (a) the concentration of alcohol in the blood or breath of the rail safety worker is less than 0×15 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires); and (b) the offence is a first offence having regard to the provisions of section 74 of the Rail Safety Act 2006; * * * * * * * * * * smartcard means a plastic card or other thing that- (a) contains an imbedded computer microchip capable of receiving, storing, processing and transferring information; and (b) may lawfully be used for the purpose of obtaining or proving an entitlement to use a public transport service; * * * * * ticket infringement means a ticket offence that is prescribed for the purposes of this Part; ticket offence means an offence against Division 4 or any regulations made under section 221AA; * * * * * transport infringement means an offence, other than a safety work infringement or ticket infringement, against this Act or the regulations which is prescribed for the purposes of this Part. * * * * * Division 2-Transport and ticket infringements * * * * * Transport Act 1983 - SECT 212 Transport and ticket infringements 212. Transport and ticket infringements (1) A member of the police force or a person who is an officer who is authorised to issue transport infringement notices who has reason to believe that a person has committed a transport infringement may serve on that person a transport infringement notice. (1A) A person is an officer who is authorised to issue transport infringement notices if he or she is either- (a) an officer of the Roads Corporation appointed in writing by that Corporation to issue transport infringement notices; or (b) an authorised officer authorised by the Director under section 221A. (1B) A member of the police force or an authorised officer who has reason to believe that a person has committed a ticket infringement may serve on that person a ticket infringement notice. (2) An offence for which- (a) a transport infringement notice referred to in subsection (1); or (b) a ticket infringement notice referred to in subsection (1B)- may be served is an infringement offence within the meaning of the Infringements Act 2006. * * * * * * * * * * (5) The penalty for the purposes of this section in respect of any transport infringement or ticket infringement is the amount prescribed in respect of that infringement. Transport Act 1983 - SECT 212A Offence to falsely represent oneself as an officer of the Roads Corporation 212A. Offence to falsely represent oneself as an officer of the Roads Corporation A person must not falsely represent himself or herself to be an officer of the Roads Corporation appointed by that Corporation to issue transport infringement notices. Penalty: 10 penalty units. * * * * * Transport Act 1983 - SECT 213A Administrative costs in respect of ticket infringements 213A. Administrative costs in respect of ticket infringements (1) In this section, relevant ticket infringement means a ticket infringement committed- (a) on, or in relation to, a carriage; or (b) in relation to a journey on, or in, a carriage; or (c) on, or in relation to, land or a premises owned, occupied or controlled by a passenger transport or bus company. (2) This section applies if the regulations state that administrative costs may be paid to passenger transport and bus companies in respect of relevant ticket infringements. (3) The Director, on behalf of the Crown, may agree with a passenger transport or bus company to pay the company, and may pay the company in accordance with the agreement, the administrative costs permitted to be paid to the company by the regulations. (4) The Consolidated Fund is appropriated to the extent necessary to allow payments to be made under subsection (3). (5) If an infringement notice is withdrawn after the penalty has been paid, the company must, within 5 business days after being asked to do so by the Director, refund to the Director any administrative costs paid to it under subsection (3) in respect of the infringement notice. (6) The Director may only pay administrative costs to a company under this section in respect of ticket infringements committed on or after the day the agreement with the company under this section is made. Transport Act 1983 - SECT 214 Proof of prior convictions or findings of guilt 214. Proof of prior convictions or findings of guilt (1) If a person is served with a summons for any infringement and it is alleged that the person has been previously convicted or found guilty of any infringement or infringements there may be served with the summons a separate document in the prescribed form signed by the informant setting out particulars of the alleged prior convictions or findings of guilt. (2) The document setting out the alleged prior convictions or findings of guilt- (a) must be endorsed with a notice in the prescribed form; and (b) may be served in any manner in which the summons for the infringement may be served. (3) If the court by which any person has been convicted or found guilty is satisfied that a copy of any such document was served on that person at least 14 days before the hearing of the charge, the document is admissible in evidence and, in the absence of evidence to the contrary, is proof- (a) that the person was convicted or found guilty of the offences alleged in the document; and (b) of the particulars relating to the convictions or findings of guilt set out in the document. (4) Any such document may not be tendered in evidence without the consent of the defendant if the defendant is present at the hearing of the charge. (5) Without limiting the generality of the provisions of Division 5 of Part 4 of the Magistrates' Court Act 1989, where any evidence of prior convictions or findings of guilt has been tendered pursuant to the provisions of this section, the court may set aside, on any terms as to costs or otherwise that the court decides, any conviction, finding or order if it has reasonable grounds to believe that the document tendered in evidence was not in fact brought to the notice of the defendant or that the defendant was not in fact convicted, or found guilty, of the offences as alleged in the document. Transport Act 1983 - SECT 214A Differences in penalties 214A. Differences in penalties The penalty for a transport infringement or a ticket infringement may differ according to whether the notice for the infringement is served by a member of the police force or by a person who is an officer who is authorised to issue a notice for a transport infringement or ticket infringement. Transport Act 1983 - SECT 215 Regulations 215. Regulations (1) The Governor in Council may make regulations for or with respect to- (a) prescribing transport infringements for which a transport infringement notice may be served; and (ab) prescribing ticket infringements for which a ticket infringement notice may be served; and (b) in addition to the requirements of section 13 of the Infringements Act 2006, any particulars, not inconsistent with that Act, to be contained in an infringement notice; * * * * * (d) the form of a withdrawal notice; and (e) the method of service of a withdrawal notice; and (f) the penalties for any transport infringement or ticket infringement; and * * * * * (ga) permitting the Director, on behalf of the Crown, to pay administrative costs to passenger transport and bus companies in respect of relevant ticket infringements (as defined in section 213A(1)); and (gb) specifying the amount of those costs, or how those costs are to be calculated; and (h) the form of the document setting out particulars of prior convictions; and (i) the form of notices to be endorsed on the document setting out particulars of prior convictions; and (j) generally prescribing any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division. (2) Despite anything to the contrary in Division 5 of Part 2 of the Infringements Act 2006, regulations prescribing an amount as the penalty for a transport or ticket infringement may- (a) prescribe a different amount of penalty according to the number of transport or ticket infringements (or both) committed by the same offender within a specified period; and (b) specify the circumstances in which the different amounts of penalty apply; and (ba) allow for a different amount of penalty according to whether the notice for the transport infringement or ticket infringement (or both) is served by a member of the police force or by an officer who is authorised to issue the notice; and (c) provide for a penalty imposed to be revised if- (i) one or more of the infringement notices on which the amount of the penalty is based is cancelled after the penalty is imposed; or (ii) the penalty is imposed on the basis of an incorrect number of earlier infringement notices; and (d) if a penalty imposed is revised, provide for a refund of any amount of penalty that has been overpaid. * * * * * Division 2A-Safety work infringements * * * * * Transport Act 1983 - SECT 215B Safety work infringements 215B. Safety work infringements (1) A member of the police force who has reason to believe that a rail safety worker has committed a safety work infringement may serve a safety work infringement notice on the rail safety worker. (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (2A) For the purposes of subsection (1), an infringement notice- (a) must be in the form required by section 13 of the Infringements Act 2006; and (b) must include the concentration of alcohol alleged to have been present in the person's blood or breath; and (c) may contain any additional prescribed details. (3) A safety work infringement notice may be withdrawn, whether the appropriate penalty has been paid or not, at any time within 28 days after the service of the notice, by serving on the alleged offender, in accordance with the regulations, a withdrawal notice in the prescribed form. (4) If the appropriate amount specified in the notice as the penalty for the infringement has been paid before the notice is withdrawn, the amount so paid must be refunded on the notice of withdrawal being given. (5) The penalty for the purposes of this section in respect of any safety work infringement is the amount prescribed in respect of that infringement. * * * * * (8) Section 218B applies with respect to offences against Part 6 of the Rail Safety Act 2006 as if it did not refer to an authorised officer. Transport Act 1983 - SECT 215C Effect of safety work infringement 215C. Effect of safety work infringement (1) Subject to section 215D, a safety work infringement takes effect, 28 days after the date of the notice, as a conviction of the offence specified in the notice, unless the rail safety worker to whom the notice was issued objects, within that time and in accordance with this section, to the infringement notice. (2) A rail safety worker may object to the infringement notice by giving notice in writing of the objection to the person specified for that purpose in the infringement notice. (3) A notice of objection must state- (a) that the rail safety worker to whom the infringement notice was issued refuses to pay the penalty; and (b) that the rail safety worker requests that the matter be dealt with by a court; and (c) that the rail safety worker intends to defend any charge arising out of the facts specified in the infringement notice. (4) The giving of notice of objection to the infringement notice has the effect that- (a) the infringement notice is cancelled; and (b) the rail safety worker to whom the infringement notice was issued may only be proceeded against by a charge filed for the alleged offence. Transport Act 1983 - SECT 215D Extension of time to object if no actual notice 215D. Extension of time to object if no actual notice (1) If a safety work infringement notice is not delivered personally to the rail safety worker to whom it was issued, and the rail safety worker is not in fact aware, before the notice takes effect as a conviction, that it had been issued, the rail safety worker may, within 7 days after becoming aware of it, apply in accordance with the regulations to the Magistrates' Court to have the time for objecting to the notice extended. (2) The court must not grant an extension of time unless it is satisfied that the rail safety worker was not in fact aware, before the infringement notice took effect as a conviction, that it had been issued. (3) If the court grants an extension of time, and if a notice of objection is given, in accordance with section 215C(2) or with any order made by the court, before the expiry of the extended time, the giving of the notice has the effect that- (a) the conviction is set aside; and (b) any of the procedures set out in the Infringements Act 2006 that are being used for the enforcement of the amount specified in the infringement notice as payable in respect of the offence for which the notice was issued must be discontinued and any warrant issued under that Act ceases to have effect; and (c) the infringement notice is cancelled; and (d) the rail safety worker may only be proceeded against by a charge filed for the alleged offence. (4) Despite anything to the contrary in any other Act, a charge referred to in subsection (3)(d) may be filed not later than 12 months after the date of the notice of objection. Transport Act 1983 - SECT 215E Application of Infringements Act 2006 215E. Application of Infringements Act 2006 Subject to this Division, the procedures set out in the Infringements Act 2006 may be used for the enforcement of the amount specified in a safety work infringement notice as payable in respect of the infringement for which the notice was issued. Transport Act 1983 - SECT 215F Proof of prior convictions 215F. Proof of prior convictions (1) If a rail safety worker is served with a summons to answer to a charge of a safety work infringement and it is alleged that he or she has been previously convicted or found guilty of any such infringement or infringements there may be served with the summons a separate document in the prescribed form signed by the informant setting out particulars of the alleged prior convictions or findings of guilt. (2) The document setting out the alleged prior convictions or findings of guilt- (a) must be endorsed with a notice in the prescribed form; and (b) may be served in any manner in which the summons to answer to the charge may be served. (3) If the court by which a rail safety worker is convicted or found guilty is satisfied that a copy of the document referred to in subsection (1) was served on the rail safety worker at least 14 days before the hearing of the charge the document is admissible in evidence for the purpose of establishing- (a) that the rail safety worker was convicted or found guilty of the offences alleged in the document; and (b) the particulars relating to the convictions or findings of guilt set out in the document. (4) A document referred to in subsection (1) may not be tendered in evidence without the consent of the defendant if the defendant is present at the hearing of the charge. (5) Without limiting Division 5 of Part 4 of the Magistrates' Court Act 1989, if evidence of prior convictions or findings of guilt has been tendered under this section, the court may set aside, on any terms as to costs or otherwise that the court thinks just, the sentencing order within the meaning of that Act made by it if it has reasonable grounds to believe that- (a) the document tendered in evidence was not in fact brought to the notice of the defendant; or (b) the defendant was not in fact convicted, or found guilty, of the offences as alleged in the document. Transport Act 1983 - SECT 215G Regulations 215G. Regulations (1) The Governor in Council may make regulations for or with respect to- (a) any additional prescribed details to be included in a safety work infringement notice; and (b) the method of service of a safety work infringement notice; and (c) the form of a withdrawal notice; and (d) the method of service of a withdrawal notice; and (e) the penalty for any safety work infringement; and * * * * * (g) the form of the document setting out particulars of prior convictions or findings of guilt; and (h) the form of notice to be endorsed on a document referred to in paragraph (g); and (i) generally prescribing any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division. (2) Any regulations made under this section- (a) may be of general or of specially limited application; (b) may differ according to differences in time, place or circumstance. (3) Regulations made for the purposes of section 215G(1)(a) or (b) must not be inconsistent with the Infringements Act 2006. Division 3-Enforcement provisions-vehicle inspections Transport Act 1983 - SECT 216 Inspection of motor vehicles 216. Inspection of motor vehicles (1) For the purpose of ascertaining whether the requirements imposed by or under this Act or any other Act relating to transport are being observed any officer of the Roads Corporation or any person authorized in that behalf by that Corporation or the Director in writing (whether generally or in any particular case) or any member of the police force may request the driver of any motor vehicle- (a) to produce for inspection any licence, permit or document which is required to be carried in, or by the driver of, the motor vehicle; (b) to state his or her name and address; (c) to permit an inspection and examination to be made of the motor vehicle and any trailer attached thereto and of any load carried thereon and of any equipment required to be fitted thereto or carried thereon by or under any Act; (d) to keep the motor vehicle stationary for a sufficient period of time to enable any such inspection or examination to be made; (e) to move the motor vehicle and any trailer attached thereto to the nearest convenient place where the motor vehicle, trailer, load and equipment can be inspected and examined with safety; (f) to present the motor vehicle and trailer at some other reasonable time and place for inspection and examination by an officer of the Roads Corporation or a person authorised under this subsection and for the weighing thereof. (2) If the driver of any motor vehicle fails to stop the motor vehicle when any officer, person or member referred to in subsection (1) calls to or signals him or her so to do or fails to produce any such document or refuses to state his or her name and address or states a false name or address or refuses or fails to comply with any request made by any such officer, person or member pursuant to subsection (1), the driver shall be guilty of an offence against this Act. (3) Where in the opinion of any member of the police force, any officer of the Roads Corporation or person authorized pursuant to subsection (1) any motor vehicle is operating as a commercial passenger vehicle and is not duly licensed to operate as such, the member, officer or person may remove from the vehicle and seize any taxi-meter, "for hire" sign, identification plate or other prescribed article carried on or attached to the vehicle. (4) Subject to subsection (5), any article seized pursuant to subsection (3) may on conviction of the owner or driver of the vehicle be forfeited by order of the court imposing the conviction. (5) Where- (a) at the expiration of one month after the seizure of an article pursuant to subsection (3) no prosecution has been instituted against the owner or driver of the vehicle; (b) the owner or driver of the vehicle is not convicted; or (c) the court does not make an order for the forfeiture of the article- the article shall be returned to the owner or driver of the vehicle. (6) In conducting an inspection under this section, the person carrying out the inspection may- (a) carry out any tests that he or she considers to be appropriate; and (b) copy all or any part of a document, or the contents of a document, that he or she is authorised to inspect; and (c) extract or copy any data held in any equipment or device required to be fitted to, or carried on, any vehicle being inspected; and (d) extract or copy any information that is held in any engine management system or related system of the vehicle. (7) A reference to a driver in this section includes a reference to a person- (a) who is in charge of a motor vehicle within the meaning of section 3AA of the Road Safety Act 1986; (b) who is a driver within the meaning of section 3AB of the Road Safety Act 1986. Transport Act 1983 - SECT 217 Powers of officers authorized by Roads Corporation 217. Powers of officers authorized by Roads Corporation (1) In addition to and without in any way derogating from any of the requirements imposed by or under section 216 any officer of the Roads Corporation thereunto authorized in writing by that Corporation or any other person authorized in that behalf by that Corporation or the Director in writing so to do or any member of the police force may for the purpose of ascertaining whether the provisions of this Act or any other Act relating to transport are being observed weigh any motor vehicle or trailer or any motor vehicle and trailer and any load carried thereon. (2) An officer of the Roads Corporation or any other person referred to in subsection (1) may exercise the powers conferred by that subsection at the request of any person who is authorized by any Act or law to request any other person to present the motor vehicle or trailer or the motor vehicle and trailer for weighing. (3) The production of a document purporting to be an authority in writing referred to in subsection (1) and purporting to be signed by the Chief Executive of the Roads Corporation or the Director (as the case requires) or purporting to be the signature of the Chief Executive of the Roads Corporation or the Director (as the case requires) affixed by authority of the Chief Executive of the Roads Corporation or the Director (as the case requires) shall be prima facie evidence of that authority. (4) Evidence by an officer or other person authorized to weigh any motor vehicle or trailer or any motor vehicle and trailer pursuant to the provisions of subsection (1)- (a) that the weighbridge or the device prescribed under the Road Safety Act 1986 used by the officer or other person on any occasion was in proper working order and properly operated by him or her; and (b) that in relation to the weighbridge or device all requirements for the proper operation of the weighbridge or device were complied with- shall be prima facie evidence of those facts. Transport Act 1983 - SECT 217A Additional inspection power concerning heavy vehicles 217A. Additional inspection power concerning heavy vehicles (1) In this section, heavy vehicle has the same meaning as it has in section 3(1) of the Road Safety Act 1986, but also includes- (a) any other vehicle that is physically connected to the heavy vehicle (even if that other vehicle is not a heavy vehicle); and (b) a bus that is used, or that is intended to be used, to carry passengers for reward or in the course of a business. (2) A person who is authorised to exercise a power under section 216 or 217 may also exercise that power in relation to a heavy vehicle for the purpose of ascertaining whether the requirements imposed by or under the Road Safety Act 1986 are being complied with. (3) If a person acting under subsection (2) discovers, or reasonably suspects, that a heavy vehicle does not comply with the Road Safety Act 1986 or the regulations made under that Act, section 14 of that Act applies as if a reference in that section to "a member of the police force or a person referred to in section 13(6)" were a reference to him or her. (4) For the purposes of subsection (3), reasonably suspects means that the person has formed a reasonable suspicion on the basis of information derived from the vehicle's engine management system using, in accordance with regulations made under the Road Safety Act 1986, an engine management system reading device specified by those regulations. * * * * * * * * * * Division 3A-Other enforcement provisions Transport Act 1983 - SECT 218B Power to require names and addresses 218B. Power to require names and addresses * * * * * * * * * * * * * * * (2) An authorised officer or a member of the police force may request a person to state his or her name and address if the officer or member believes on reasonable grounds that the person has committed or is about to commit an offence against this Act or the regulations. (2A) Despite anything to the contrary in subsection (2), an authorised officer who is authorised under section 221AB may only make a request under that subsection if the authorised officer believes on reasonable grounds that the person has committed or is about to commit an offence against this Part or against any regulation made under this Part or section 56 or 249B. (3) An authorised officer or member of the police force who makes a request under subsection (2) must- (a) inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence; and (b) must, except in the case of a member of the police force who is in uniform- (i) inform the person that he or she is an authorised officer or member of the police force; and (ii) state his or her name; and (iii) produce for inspection by the person proof that he or she is an authorised officer or a member of the police force; and (c) inform the person that a failure to comply with the request, or the provision of a false name or address, is an offence. (4) A person must not, in response to a request made under subsection (2) by an authorised officer or member of the police force in accordance with this section- (a) refuse or fail to comply with the request; or (b) state a name that is false in a material particular; or (c) state an address other than the full and correct address of his or her ordinary place of residence or business. Penalty applying to this subsection: 5 penalty units. (5) Despite subsection (4), it is not an offence for a person to fail to comply with a request made under subsection (2) if the authorised officer or member of the police force did not fully comply with subsection (3)(b) or (3)(c) in making the request. (6) If a person states a name and address in response to a request made under subsection (2), the officer or member may request the person to provide evidence of the correctness of the name and address. * * * * * (6B) A person must comply with a request made under subsection (6), unless he or she has a reasonable excuse for not doing so. Penalty: 5 penalty units. (6C) It is not an offence for a person to fail to comply with a request made under subsection (6) if the authorised officer or member of the police force did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request. (6D) An authorised officer or a member of the police force must not divulge to any other person or use for any purpose any information received by the officer or member in response to a request made under subsection (6), except- (a) in connection with the administration of this Act or the regulations; or (b) for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of such proceedings; or (c) for the purposes of discharging the law enforcement functions of the Sheriff; or (d) for any other law enforcement purposes. Penalty: 50 penalty units. (7) This section is subject to section 215B(8). Transport Act 1983 - SECT 219 Power to arrest suspected offenders 219. Power to arrest suspected offenders * * * * * (1) This section applies if a member of the police force or an authorised officer believes on reasonable grounds that a person has committed an offence against this Act or any regulation made under this Act. (2) The member or officer may without warrant arrest the person if the member or officer believes on reasonable grounds that the arrest is necessary for any one or more of the following reasons- (a) to ensure the appearance of the person before a court of competent jurisdiction; or (b) to preserve public order; or (c) to prevent the continuation or repetition of the offence or the commission of a further offence; or (d) for the safety or welfare of members of the public or of the person. (3) The member or officer may ask any other person to assist him or her to arrest an alleged offender, and that other person may assist in the arrest. (4) If an alleged offender is arrested in respect of a summary offence, he or she may only be detained for so long as the reason for the arrest under subsection (2) continues. The person detaining the alleged offender must release the alleged offender as soon as the reason ceases to exist, regardless of whether or not the alleged offender has been charged with the offence. (5) If the person responsible for arresting an alleged offender is not a member of the police force or an authorised officer, the person must give the alleged offender into the charge of a member of the police force or an authorised officer as soon as is practicable after arresting the alleged offender (unless subsection (4) applies). (6) If a member of the police force or an authorised officer arrests an alleged offender or is given charge of an alleged offender, the member or officer must convey the alleged offender as soon as is practicable before a bail justice or the Magistrates' Court to be dealt with according to law (unless subsection (4) applies). * * * * * * * * * * * * * * * Transport Act 1983 - SECT 220 Power to remove offenders 220. Power to remove offenders * * * * * (1A) A member of the police force or an authorised officer may summarily remove a person and the person's property (if any) from- (a) any vehicle owned or operated by or on behalf of a passenger transport company or a bus company; or (b) any premises or property of a passenger transport company- in the circumstances referred to in subsection (1B). (1B) For the purposes of subsection (1A), the circumstances are- (a) that the member of the police force or authorised officer believes on reasonable grounds that the person is committing an offence against this Act or the regulations; and * * * * * (c) that the commission of the offence is or is likely to be attended with- (i) danger or annoyance to the public; or (ii) hindrance to any member of the police force or any authorised officer or any employee of, or person engaged by, a passenger transport company or bus company- in lawful use of the vehicle, premises or property. (1C) In addition to the power to summarily remove a person in accordance with subsection (1A), a member of the police force or an authorised officer may take such other action as is necessary to obviate or remove any danger, annoyance or hindrance of the kind referred to in subsection (1B)(c). (2) A member of the police force or an authorised officer acting under the authority of subsection (1A) or (1C) may, in order to remove a person or the property of the person from a vehicle or premises or property or to obviate or remove a danger, annoyance or hindrance, use such force as is reasonable in the circumstances. (3) A person who- (a) is removed or has any property removed from a vehicle or any premises or property under the authority of this section; or (b) is otherwise affected by any action taken under the authority of this section- shall have no right of action whatsoever in law against any member of the police force arising out of that removal or action. (4) A person who alleges that a member of the police force acting or purporting to act under the authority of subsection (1A) or (1C) used more force than is permitted by subsection (2) shall bear the onus of proving that more force than is permitted was used. (5) Any action taken under this section shall not prevent the institution of proceedings in respect of the offence. * * * * * Division 4-Regulation of entitlement to use public transport services Transport Act 1983 - SECT 220AA False reports to officers 220AA. False reports to officers A person must not give information that is relevant or possibly relevant for the purposes of this Division (including for the purposes of any relevant regulations) and that the person knows, or believes, to be false to any of the following who is performing a function under this Division- (a) any member of the police force; (b) an authorised officer; (c) a person employed by a passenger transport company or a bus company who has duties in relation to the issue, inspection or collection of tickets for, or the operation of, a vehicle operated by the company; (d) any other person appointed in writing by a passenger transport company, a bus company, a rail freight operator, Rail Track or the Director for the purposes of the regulations. Penalty: 10 penalty units. Transport Act 1983 - SECT 220A Offence to dishonestly obtain a ticket etc. 220A. Offence to dishonestly obtain a ticket etc. A person must not by fraudulent means, by false or misleading representation, or by other dishonesty, obtain a ticket or other thing that can be used to prove an entitlement to use a public transport service. Penalty: 20 penalty units. Transport Act 1983 - SECT 220B Offence to counterfeit or alter a ticket 220B. Offence to counterfeit or alter a ticket (1) A person must not counterfeit a ticket or other thing that can be used to prove an entitlement to use a public transport service. Penalty: 20 penalty units. (2) A person must not alter, or attempt to alter, a ticket or other thing that can be used to prove an entitlement to use a public transport service with the intention of obtaining a benefit to which the person is not entitled. Penalty: 20 penalty units. Transport Act 1983 - SECT 220C Offence to claim exemption or concession if not entitled 220C. Offence to claim exemption or concession if not entitled A person must not claim or take the benefit of an exemption to pay for an entitlement to use a public transport service, or of a concessionary discount of such a payment, to which he or she is not entitled, if he or she knows that he or she is not entitled to that benefit. Penalty: 10 penalty units. Transport Act 1983 - SECT 220D Director may determine conditions 220D. Director may determine conditions (1) The Director may determine any conditions to which an entitlement to use a specified public transport service provided by a passenger transport company or a bus company is to be subject. (1A) A condition determined under subsection (1) may apply, adopt or incorporate any matter contained in any document whether- (a) wholly or partially or as amended by the condition; or (b) as in force at a particular time or as in force from time to time. (2) The Director must publish any conditions determined under subsection (1) in the Government Gazette. (3) An entitlement to use a public transport service is subject to any condition determined under subsection (1) that has been published in the Government Gazette and that applies to the entitlement. (4) If there is any inconsistency between a condition that has been determined under subsection (1) and published in the Government Gazette and any other condition relating to an entitlement to use a public transport service, the condition determined under subsection (1) is to prevail. (5) The Director may, under subsection (1), determine conditions that are to apply in respect of entitlements that exist, but that have not been exercised, before the conditions are published in the Government Gazette. (6) Any conditions that were determined and published under section 221(1A) and that were in force immediately before the date of commencement of section 24 of the Transport Legislation (Further Miscellaneous Amendments) Act 2005 are deemed to have been determined and published under this section. Transport Act 1983 - SECT 220DA Conditions relating to overseas student travel 220DA. Conditions relating to overseas student travel (1) The conditions determined under section 220D(1) may include a condition providing that overseas students or specified classes of overseas students are not eligible for student concessions to use a public transport service. (2) If the conditions under section 220D include a condition of a kind referred to in subsection (1), overseas students or overseas students of a class specified in the condition are not entitled to student concessions to use a public transport service to which the condition applies. (3) The determination or publication by the Director under section 220D of, or compliance by a person with, a condition of a kind referred to in subsection (1) does not constitute discrimination on the basis of race for the purposes of the Equal Opportunity Act 1995. (4) For the avoidance of doubt it is declared that- (a) the determination or publication by the Director under section 220D of, or the compliance by a person with, any condition determined under section 220D before the commencement day; or (b) the approval by the Secretary or Director of the determination of, or the determination or publication by a passenger transport company or a bus company of, or the compliance by any person with, any condition determined under section 221(1A) before its repeal- that provided that overseas students or overseas students of a class specified in the condition were not eligible for student concessions to use a public transport service is to be taken- (c) never to have constituted discrimination on the basis of race for the purposes only of the Equal Opportunity Act 1995; and (d) to be and always to have been conduct that was authorised. (5) Subsection (4) does not apply to affect- (a) any decision in respect of, or any proceeding arising from, Complaint No. 3064890 before the Victorian Human Rights and Equal Opportunity Commission to the extent only that that complaint or proceeding applies to the individual named in the complaint, as at 23 March 2007, as the person on whose behalf the complaint was lodged; or (b) any proceeding that was completed or in which judgment was given before the commencement day. (6) In this section- commencement day means the date of commencement of section 23 of the Transport Legislation Amendment Act 2007; overseas student means a person holding a visa under the Migration Act 1958 of the Commonwealth which allows the person, whether expressly or otherwise, to study in Victoria but does not include a person who is- (a) an Australian citizen; or (b) a permanent resident of Australia; or (c) a student with refugee status; or (d) an overseas exchange student; or (e) in receipt of an Australian Development Scholarship from the Commonwealth Government. Transport Act 1983 - SECT 221 Information not to be disclosed 221. Information not to be disclosed * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (7) Subject to subsections (8) and (9), a passenger transport company or bus company or a person employed by, or engaged in providing services for, that company or the Secretary, the Director or an authorised officer must not- (a) except at the direction of the Minister, divulge to any person the contents of any record relating to the movement of a person into or out of or within a carriage or any land or premises the property of that company for entry to which a ticket is required; or (b) use, other than for the purposes of this Act or the regulations, his or her knowledge of any such record; or (c) reveal at any time (including a time after a person has ceased to be employed by, or to be engaged in providing services for, that company or has ceased to be the Secretary, the Director or an authorised officer) any information gained in an official capacity in relation to a matter referred to in paragraph (a). Penalty: 50 penalty units. (8) Subsection (7) does not prevent the divulging, use or revealing of information- (a) in connection with the administration of this Act or the regulations; or (b) for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of such proceedings. (9) Subsection (7) also does not prevent the divulging, use or revealing of information to a person- (a) who the Director certifies in writing- (i) is a public transport industry ombudsman ; and (ii) has an appropriate privacy protection policy in operation in relation to any information of the nature of the information that is to be divulged to, used by, or revealed to, the person; and (b) who states in writing that the information is needed to investigate or otherwise deal with a complaint concerning public transport made to the person. Transport Act 1983 - SECT 221AA Regulations concerning entitlement to use public transport services 221AA. Regulations concerning entitlement to use public transport services (1) The Governor in Council may make regulations for or with respect to- (a) regulating entitlement to use a public transport service including, for example- (i) regulating or specifying methods of obtaining that entitlement and proving that such an entitlement exists; (ii) regulating the use of tickets or other means by which proof of such entitlements may be made, including specifying the circumstances in which it or they, or anything that is claimed to be a ticket or other proof, is, or are, to be surrendered; (b) deeming the existence of contracts, or the elements of contracts, between providers, sellers (whether retail or otherwise), buyers or users of entitlements to use a public transport service, or providers of a public transport service, in relation to those entitlements, and regulating or specifying the contents of those contracts; Example Under a particular ticketing system a person may be able to buy a ticket to use a tram operated by a passenger transport company from an agency that is independent of the company, and then to give that ticket to a person who uses it to travel on the tram. Paragraph (b) enables the making of a regulation that could deem a contract to exist between the passenger transport company and the person on the tram. (c) ensuring that those using, or who have used, public transport services are, or were at the time of use, entitled to do so including, for example- (i) providing for the ascertainment of whether a person using, or who has used, a public transport service was entitled to do so, and providing for the inspection, reading and testing (by whatever means, including mechanical means), whether before, during or after the use, of tickets or other proof of entitlement; (ii) providing for the inspection of any documents that are required to show that the correct amount has been paid for a particular entitlement; (d) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to ensure that users of public transport services fairly contribute to the cost of providing the services. (2) The regulations- (a) may be of general or of specially limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may require a matter affected by the regulations to be- (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or a specified class of person; or (iii) as specified in both subparagraphs (i) and (ii); and (d) may apply, adopt or incorporate any matter contained in any document whether- (i) wholly or partially or as amended by the regulations; or (ii) as in force at a particular time or as in force from time to time; and (e) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and (f) may provide in a specified case or class of case for the exemption of people or things from any of the provisions of this Act or the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and (g) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations. Division 4AA-Authorisation of persons for the purposes of enforcement Transport Act 1983 - SECT 221A Authorisation of Departmental authorised officers 221A. Authorisation of Departmental authorised officers The Director may authorise a person who is employed or engaged by the Department to act as an authorised officer for the purposes of this Part. Transport Act 1983 - SECT 221AB Authorisation of other authorised officers 221AB. Authorisation of other authorised officers (1) The Director may authorise a person who is employed or engaged by a passenger transport or bus company to act as an authorised officer for the purposes of this Part. (2) The Director may authorise a person who is employed or engaged by the Bus Association Victoria to act as an authorised officer for the purposes of this Part. Transport Act 1983 - SECT 221B Application for authorisation 221B. Application for authorisation (1) A person may apply to the Director for authorisation under section 221AB to act as an authorised officer. (2) An application- (a) must be in the manner and form determined by the Director; (b) must be accompanied by- (i) the prescribed application fee, if any; (ii) any other things that are prescribed. (3) The Director may require an applicant- (a) to furnish his or her date of birth, address and any further information specified by the Director; or (b) to verify, by statutory declaration, information furnished for the purposes of the application. Transport Act 1983 - SECT 221C Qualification requirements 221C. Qualification requirements (1) The Director may only give a person an authorisation to act as an authorised officer if the Director is satisfied that the person- (a) is competent to exercise the functions conferred on an authorised officer by this Part; and (b) is of good repute, having regard to character, honesty and integrity; and (c) has agreed in writing to exercise the functions conferred on an authorised officer by this Part according to performance criteria established from time to time by the Director; and (d) in the case of a person who is employed or engaged by a passenger transport company or bus company, is employed or engaged by a passenger transport company or bus company that is accredited by the Director under Division 4A. (2) In addition, in the case of a person who is employed or engaged by the Bus Association Victoria, the Director may only give the person an authorisation to act as an authorised officer if the Bus Association Victoria is accredited by the Director under Division 4A. Transport Act 1983 - SECT 221CA Time limits on section 221AB authorisations 221CA. Time limits on section 221AB authorisations (1) In giving a person an authorisation under section 221AB, the Director must specify the period for which the authorisation remains valid. (2) The Director must not specify a period that is greater than the maximum (if any) specified by the regulations for the purposes of this section. Transport Act 1983 - SECT 221CB Scope of authorisation may be limited 221CB. Scope of authorisation may be limited (1) The Director may at any time limit the scope of an authorisation given to a person by- (a) specifying that the person may only exercise specified powers or functions under the authorisation; or (b) specifying that the person may not exercise specified powers or functions under the authorisation. (2) If the Director limits the scope of a person's authorisation, he or she must give the person written details of the limitations that apply to the authorisation. (3) A limitation on a person's authorisation under this section only takes effect when the person receives the details required by subsection (2). Transport Act 1983 - SECT 221CC Non-compliance with a limit 221CC. Non-compliance with a limit A person whose authorisation is subject to a limit imposed under section 221CB must not knowingly exercise, or attempt to exercise, a power or function in contravention of the limit. Penalty: 10 penalty units Transport Act 1983 - SECT 221D Conditions of authorisation 221D. Conditions of authorisation (1) An authorisation is subject to- (a) any prescribed condition; (b) any other condition imposed by the Director. (2) Particulars of an authorisation and of the conditions to which it is subject are to be given by the Director to the person authorised. Transport Act 1983 - SECT 221E Change of conditions 221E. Change of conditions (1) The Director may at any time vary or revoke a condition of an authorisation or impose a new condition. (2) Particulars of any action taken under subsection (1) are to be given in writing by the Director to the person authorised. Transport Act 1983 - SECT 221F Non-compliance with a condition 221F. Non-compliance with a condition A person authorised under this Part must comply with any condition to which his or her authorisation is subject. Penalty: 10 penalty units. Transport Act 1983 - SECT 221FA Clarification of places in which certain authorised officers may operate 221FA. Clarification of places in which certain authorised officers may operate A person authorised under section 221AB may exercise the powers of an authorised officer in, on or in relation to- (a) any vehicle owned or operated by, or on behalf of, a passenger transport company or a bus company; or (b) any land, building or other property of a passenger transport company or a bus company- regardless of whether or not he or she is employed or engaged by that company. Transport Act 1983 - SECT 221G Application for renewal of authorisation 221G. Application for renewal of authorisation (1) A person authorised under section 221AB may apply to the Director for the renewal of his or her authorisation. (2) A renewal application- (a) must be made in the manner and form determined by the Director; (b) must be accompanied by- (i) the prescribed renewal application fee, if any; (ii) any other things that are prescribed. (3) A renewal application must be made not later than 60 days before the expiry of the authorisation. (4) Despite subsection (3), the Director may consider a renewal application made later than the time applying under subsection (3). (4A) If the regulations prescribe a late renewal application fee, the Director may only consider a renewal application made later than the time for applying under subsection (3) if the applicant pays that fee. (5) The Director may refuse to consider a renewal application made earlier than 90 days before the expiry of the authorisation. Transport Act 1983 - SECT 221H Renewal of authorisation 221H. Renewal of authorisation (1) The Director may renew or refuse to renew an authorisation. (1A) The Director must not renew an authorisation of a person unless the Director is satisfied that the person meets the requirements of section 221C(1)(a) and (b). (2) On renewing an authorisation the Director may- (a) renew it as then in force; or (b) vary or revoke any of the conditions to which the authorisation is subject; or (c) impose a new condition on the authorisation. (3) Particulars of the renewal of an authorisation and of the conditions to which it is subject are to be given in writing by the Director to the authorised officer. (4) A renewed authorisation remains in force for a period determined by the Director not exceeding 3 years unless the authorisation is sooner revoked. (5) If the Director refuses to renew an authorisation, the Director must notify the person who applied for the renewal in writing of the refusal and the reasons for it. Transport Act 1983 - SECT 221I Issue of identity cards 221I. Issue of identity cards (1) The Director must issue an identity card to any person authorised to act as an authorised officer. (1A) Despite subsection (1), the Director must not issue an identity card to a person authorised under section 221AB unless the person has paid the fee (if any) specified by the regulations for the purposes of this section. (1B) A person must not act or purport to act as an authorised officer unless he or she has been issued with an identity card under this section. Penalty: 10 penalty units. (2) An identity card under subsection (1) must- (a) contain a photograph of the authorised officer; and (b) contain the signature of the authorised officer; and (c) be signed by an officer of the Department authorised by the Director to do so either generally or in any particular case. (3) A person issued with an identity card under this section must produce it on being requested to do so. Penalty: 5 penalty units. (4) Subject to subsection (1B), any action taken or thing done by an authorised officer is not invalidated by his or her failure to produce his or her identity card. (5) Subsections (3) and (4) apply regardless of whether or not the person is exercising a power under this Act or under any other Act. Transport Act 1983 - SECT 221J Inquiry into conduct of authorised officer 221J. Inquiry into conduct of authorised officer (1) The Director may hold an inquiry for the purpose of determining whether a circumstance referred to in section 221L has occurred in relation to a person authorised under section 221AB. (2) Whilst the Director is conducting an inquiry under subsection (1), the Director may immediately suspend a person's authorisation during the period of the inquiry if the Director- (a) considers it necessary to do so in the interest of personal safety of passengers; or (b) believes, on reasonable grounds, that the person has not exercised his or her power as an authorised officer in an appropriate manner. (3) If, following the inquiry, the Director is satisfied that a circumstance referred to in section 221L has occurred in relation to the person, the Director may- (a) reprimand the person; (b) warn the person that should the circumstance occur again in relation to him or her, the person's authorisation may be revoked; (c) impose one or more new conditions on the authorisation; (d) suspend the authorisation for a specified period or until a specified event or until a further determination made by the Director; (e) revoke the authorisation immediately or with effect from a specified later date. Transport Act 1983 - SECT 221K Effect of suspension 221K. Effect of suspension A person whose authorisation is suspended under section 221J is not authorised during the period of suspension. Transport Act 1983 - SECT 221L Revocation of authorisation 221L. Revocation of authorisation The Director may at any time, by written notice served on a person authorised under section 221AB, revoke an authorisation if satisfied that- (a) the person has on any occasion in exercising his or her functions acted unreasonably or abused his or her power; or (ab) the person is not competent to exercise the functions conferred on the person as an authorised officer by this Part; or (ac) the person is not of good repute, having regard to character, honesty and integrity; or (b) the person has been convicted or found guilty of an offence of a kind that, in the opinion of the Director, renders it inappropriate that he or she continue as an authorised officer; or (c) the person has, in connection with the granting of the authorisation, given false or misleading information; (d) the person has not complied with a condition to which his or her authorisation is subject. Transport Act 1983 - SECT 221M Tribunal reviews 221M. Tribunal reviews (1) A person may apply to the Tribunal for review of a decision of the Director in relation to- (a) an application for an authorisation or renewal of an authorisation by that person; or (b) that person's authorisation; or (c) that person. (2) An application for review must be made within 28 days after the later of- (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Transport Act 1983 - SECT 221N Authorisations cease to exist in certain circumstances 221N. Authorisations cease to exist in certain circumstances An authorisation under section 221AB ceases to exist by force of this section if- (a) the passenger transport company or bus company by which the authorised officer is employed or engaged ceases to be accredited under Division 4A; or (b) the authorised officer ceases to be employed or engaged by a passenger transport company or bus company that is accredited under Division 4A; or (c) in the case of an authorisation granted under section 221AB(2)- (i) the Bus Association Victoria ceases to be accredited under Division 4A; or (ii) the authorised officer ceases to be employed or engaged by the Bus Association Victoria. Transport Act 1983 - SECT 221O Return of identity cards 221O. Return of identity cards (1) If a person's authorisation under section 221AB- (a) is revoked by the Director under section 221L; or (b) ceases to exist by force of section 221N- the person must immediately deliver to the Director the identity card issued to him or her under section 221I(1). Penalty: 10 penalty units. (2) If an identity card issued to a person under section 221I(1)- (a) becomes illegible; or (b) is altered; or (c) is defaced- the person issued with that identity card must immediately deliver the identity card to the Director. Penalty: 10 penalty units. Transport Act 1983 - SECT 221P Lost, stolen or destroyed identity cards to be reported 221P. Lost, stolen or destroyed identity cards to be reported If an identity card issued under section 221I to a person authorised under section 221AB is lost, stolen or destroyed, the person issued with that identity card must immediately notify, in writing, the Director of that fact. Penalty: 10 penalty units. Transport Act 1983 - SECT 221Q Replacement of identity cards 221Q. Replacement of identity cards The Director, on the payment of the prescribed fee (if any), may issue a new identity card to a person authorised under section 221AB if the Director is satisfied that the identity card issued to that person under section 221I(1)- (a) is illegible; (b) has been altered or defaced; or (c) has been lost, stolen or destroyed. Transport Act 1983 - SECT 221R Offence to falsely represent oneself as an authorised officer 221R. Offence to falsely represent oneself as an authorised officer A person must not falsely represent himself or herself to be an authorised officer. Penalty: 10 penalty units. Transport Act 1983 - SECT 221S Application by proposed employee 221S. Application by proposed employee (1) A person who is seeking, or proposing to seek, to become employed or engaged by a passenger transport company or bus company or by the Bus Association Victoria may apply to the Director for a certificate as to whether or not, in the opinion of the Director, that person meets the criteria specified in section 221C(1)(a) and (b). (2) An application- (a) must be made in the manner and form determined by the Director; (b) must be accompanied by- (i) the prescribed application fee, if any; (ii) any other things that are prescribed. (3) The Director may require an applicant- (a) to furnish further information specified by the Director; or (b) to verify, by statutory declaration, information furnished for the purposes of the application. Transport Act 1983 - SECT 221T Investigation by Ombudsman 221T. Investigation by Ombudsman (1) The Ombudsman may enquire into or investigate- (a) any action taken, or not taken, by a person who is an authorised officer in the person's capacity as an authorised officer; and (b) any matter relating to such an action or inaction. (2) For the purposes of subsection (1), the Ombudsman Act 1973 applies as if- (a) the employer of the person was a public statutory body within the meaning of that Act; and (b) the senior executive officer of the employer (by whatever title he or she is known) was the principal officer of that public statutory body. Division 4AAA-Transport safety offences Subdivision 1-Interpretation Transport Act 1983 - SECT 221U Definitions 221U. Definitions In this Division- authorised person means- (a) a person employed by a passenger transport company or a bus company who has duties in relation to the operation of a road vehicle or a rail vehicle operated by the passenger transport company or bus company; or (b) a member of the police force; or (c) an authorised officer; or (d) a transport safety officer; or (e) any other person appointed in writing by a passenger transport company, a rail freight operator, Rail Track or the Director for the purposes of this Division; bicycle means a vehicle with one or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor), and- (a) includes a pedicab, penny-farthing, scooter, tricycle and unicycle; (b) does not include a wheelchair, wheeled recreational device, wheeled toy, or any vehicle with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating); commercial passenger vehicle has the same meaning as in section 86(1); container weight declaration for a freight container means a declaration that states, or that purports to state, the weight of the container and its contents; freight container has the same meaning as in the Road Safety Act 1986; level crossing means- (a) an area where a road and railway tracks cross at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area; or (b) an area where a road and tramway tracks cross at substantially the same level and that has a level crossing sign on the road at each entrance to the area; Note Rule 120 of the Road Rules includes diagrams of level crossing signs. As to what are the Road Rules, see the Road Safety (Road Rules) Regulations 1999. operator, in relation to a vehicle, means a person who is responsible for controlling or directing the operations of the vehicle in connection with a business for, or involving, the transport of goods or passengers by road but does not include a person who merely- (a) arranges for the registration of the vehicle; or (b) maintains, or arranges for the maintenance of, the vehicle; private omnibus means a motor vehicle that is used for operating a private bus service within the meaning of the Public Transport Competition Act 1995; rail premises means any land, building, premises or structure owned, occupied or leased by- (a) a passenger transport company or the Director in connection with their capacity as providers of passenger services; or (b) a rail freight operator in connection with its capacity as a provider of a rail freight service; or (c) Rail Track; railway track means a railway used by a passenger transport company, rail freight operator or the Director to operate a railway for the carriage of passengers or freight; rail vehicle means a vehicle that operates on or uses a railway track for the carriage of passengers or freight and includes a train, carriage and wagon; road vehicle means any vehicle propelled by any form of motive power that is used or intended for use by a passenger transport company, bus company or rail freight operator for the carriage of passengers or freight on any road and includes- (a) a tram that operates on or uses a tramway track; (b) a commercial passenger vehicle that is not a taxi-cab; (c) a private omnibus; taxi-cab has the same meaning as in section 86(1); tramway track means a railway used by a passenger transport company or the Director to operate a tramway for the carriage of passengers; vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes- (a) a motor vehicle; (b) a trailer; (c) a tram; (d) a train; (e) a bicycle; (f) an air-cushion vehicle; (g) an animal that is being ridden or is drawing a vehicle; (h) a combination of motor vehicles consisting of a motor vehicle connected to one or more vehicles- but does not include- (i) a wheelchair other than a motorised wheelchair capable of a speed of 10 kilometres per hour or more; or (j) a wheeled recreational device; or (k) a wheeled toy; wheeled recreational device means a wheeled device, built to transport a person, propelled by human power or gravity, and ordinarily used for recreation or play, and- (a) includes rollerblades, rollerskates, a skateboard or similar wheeled device; (b) does not include a golf buggy, pram, stroller or trolley, or a bicycle, wheelchair or wheeled toy; wheeled toy means a child's pedal car, scooter or tricycle or a similar toy. Transport Act 1983 - SECT 221V Exclusion of mistake of fact defence 221V. Exclusion of mistake of fact defence (1) This section applies if a provision of this Division states that a person does not have the benefit of the mistake of fact defence for an offence. (2) It is not a defence to a charge for the offence for the person to prove that, at or before the time of the conduct constituting the offence, the person was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence. Transport Act 1983 - SECT 221W Statement that mistake of fact defence does not apply not to affect other offences 221W. Statement that mistake of fact defence does not apply not to affect other offences A statement in this Division that a person does not have the benefit of the mistake of fact defence is solely intended for the purposes of this Division, and it is not intended to affect the question of whether that defence is, or is not, available to a person in relation to any offence outside this Division. Subdivision 2-Offences Transport Act 1983 - SECT 221X Overdimensional vehicles crossing tracks 221X. Overdimensional vehicles crossing tracks (1) A person must not, without the written permission of the Director, drive or attempt to drive or convey across a railway track- (a) a vehicle with a mass limit that exceeds a mass limit for that vehicle under the Road Safety (Vehicles) Regulations 1999; or (b) a vehicle which, either by itself or in combination with any load carried by it, exceeds- (i) the maximum allowable length; or (ii) the maximum allowable height (when measured from the highest surface of the track to be crossed); or (iii) the maximum allowable width- specified by notice under section 221ZA; or (c) a vehicle which may obstruct, displace or interfere with- (i) the track to be crossed; or (ii) any overhead power line of a rolling stock operator in the vicinity of the track. Penalty: 20 penalty units. (2) A person must not, without the written permission of the Director, drive or attempt to drive or convey across a tramway track- (a) a vehicle with a mass limit that exceeds a mass limit for that vehicle under the Road Safety (Vehicles) Regulations 1999; or (b) a vehicle which, either by itself or in combination with any load carried by it, exceeds- (i) the maximum allowable length; or (ii) the maximum allowable height (when measured from the highest surface of the track to be crossed); or (iii) the maximum allowable width- specified by notice under section 221ZA; or (c) a vehicle which may obstruct, displace or interfere with the track to be crossed or with any overhead power line or support wires of a rolling stock operator in the vicinity of the track. Penalty: 20 penalty units. (3) A person charged with an offence under subsection (1) or (2) does not have the benefit of the mistake of fact defence. Note Section 221V sets out how subsection (3) operates. (4) If a vehicle that exceeds a mass limit for that vehicle under the Road Safety (Vehicles) Regulations 1999 is driven or attempted to be driven or conveyed- (a) across a railway track in contravention of subsection (1); or (b) across a tramway track in contravention of subsection (2)- the person charged with an offence under subsection (1) or (2) has the benefit of the reasonable steps defence so far as it relates to reliance on the weight stated in a container weight declaration. Note Section 221Z sets out how this defence operates. (5) The Director may grant permission under subsection (1) or (2) and may impose conditions on that permission. (6) A person must comply with any conditions imposed by the Director in granting permission under subsection (1) or (2). Penalty: 20 penalty units. (7) The fee for the granting of permission is the fee specified by notice under section 221ZA. (8) If, in the Director's opinion, one or more of the Department's employees or passenger transport company, rail freight operator or Rail Track employees or agents must, in the interests of safety, be present when the vehicle crosses the railway track or the tramway track the Director may, in addition to the fee referred to in subsection (6) impose the further charge specified by notice under section 221ZA. (9) The Director may- (a) refund, in whole or in part, any fee or charge paid, under this section; or (b) waive, in whole or in part, any fee or charge payable, under this section. Transport Act 1983 - SECT 221Y Operators of overdimensional vehicles crossing tracks without permission also guilty of offence 221Y. Operators of overdimensional vehicles crossing tracks without permission also guilty of offence (1) If a vehicle is driven or attempted to be driven or conveyed- (a) across a railway track in contravention of section 221X(1); or (b) across a tramway track in contravention of section 221X(2); or (c) not in accordance with a condition imposed by the Director on a permission under section 221X(1) or (2)- the operator of the vehicle is guilty of an offence and is liable to a penalty not exceeding 20 penalty units. (2) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note Section 221V sets out how subsection (2) operates. (3) If a vehicle that exceeds a mass limit for that vehicle under the Road Safety (Vehicles) Regulations 1999 is driven or attempted to be driven or conveyed- (a) across a railway track in contravention of section 221X(1); or (b) across a tramway track in contravention of section 221X(2)- the person charged with an offence under subsection (1)(a) or (b) has the benefit of the reasonable steps defence so far as it relates to reliance on the weight stated in a container weight declaration. Note Section 221Z sets out how this defence operates. Transport Act 1983 - SECT 221Z Reasonable steps defence-reliance on container weight declaration 221Z. Reasonable steps defence-reliance on container weight declaration (1) This section applies if- (a) a person is charged with an offence under section 221X(1) or (2); or (b) the operator of a vehicle is charged with an offence under section 221Y(1)(a) or (b)- and the person or operator has (as the case requires) the benefit, under section 221X(4) or 221Y(3), of the reasonable steps defence so far as it relates to reliance on the weight stated in a container weight declaration. (2) To the extent that the weight of a freight container and its contents is relevant to the offence, the person charged may rely on the weight stated in the relevant container weight declaration, unless it is established that the person knew, or ought reasonably to have known, that- (a) the stated weight was lower than the actual weight; or (b) the distributed weight of the container and its contents, together with- (i) the mass or location of any other load; or (ii) the mass of the vehicle or any part of it- would result in the breach of a mass limit under the Road Safety (Vehicles) Regulations 1999. Transport Act 1983 - SECT 221ZA Specification of vehicle limits and fees for overdimensional vehicles crossing tracks 221ZA. Specification of vehicle limits and fees for overdimensional vehicles crossing tracks (1) The Director, by notice published in the Government Gazette, may specify- (a) the maximum allowable length, height or width for a vehicle either by itself or in combination with any load carried by it for the purposes of section 221X(1) or (2); (b) the fee payable for the granting of permission under section 221X; (c) the further charge payable for the purposes of section 221X(8). (2) The further charge specified by notice under this section for the purposes of section 221X(8) may differ according to differences in time, place or circumstance. Transport Act 1983 - SECT 221ZB Animals on railway tracks 221ZB. Animals on railway tracks A person must not take or attempt to take an animal across railway tracks at a pedestrian or level crossing- (a) when warning signals or devices are operating at the crossing; or (b) when gates at the crossing are closed or locked; or (c) when a rail vehicle is entering the crossing; or (d) when a rail vehicle can be seen or heard approaching and there would be a danger of a collision with the animal if it entered the crossing; or (e) if the crossing or the path beyond the crossing is blocked; or (f) when directed not to do so by an authorised person. Penalty: 20 penalty units. Transport Act 1983 - SECT 221ZC Placing things on tracks 221ZC. Placing things on tracks A person must not place any thing on a railway track or a tramway track unless the person is driving a vehicle and places the vehicle on a railway track or tramway track in the normal course of driving. Penalty: 20 penalty units. Transport Act 1983 - SECT 221ZD Mounting a place not intended for travel etc. 221ZD. Mounting a place not intended for travel etc. (1) A person must not, without reasonable excuse, mount or attempt to mount a part of a locomotive, rail vehicle or road vehicle not intended for the purpose of travel by passengers. Penalty: 15 penalty units. Example Mounting roof of a rail vehicle or road vehicle, leading brake van of a rail vehicle, brake van of a rail vehicle, driver's cabin of a road vehicle, coupling or communication platform of a rail vehicle. (2) A person must not, without reasonable excuse, walk or climb on any part of rail premises not intended for use by passengers or the public. Penalty: 15 penalty units. Transport Act 1983 - SECT 221ZE Travelling in a place not intended for travel etc. 221ZE. Travelling in a place not intended for travel etc. (1) A person must not, without reasonable excuse, travel or attempt to travel on a part of a locomotive, rail vehicle or road vehicle not intended for the purpose of travel. Penalty: 20 penalty units. Example Travelling on the roof of a rail vehicle or road vehicle, leading brake van of a rail vehicle, brake van of a rail vehicle, driver's cabin of a road vehicle, coupling or communication platform of a rail vehicle. (2) A rider of a bicycle or a person in or on a wheeled recreational device or wheeled toy must not attach or attempt to attach himself or herself or another person or the bicycle, wheeled recreational device or wheeled toy to the exterior of a rail vehicle or road vehicle for any purpose. Penalty: 20 penalty units. Example A bicycle rider attached to a tram to enable the rider and the bicycle to be pulled along behind the tram. Transport Act 1983 - SECT 221ZF Applying brake or emergency device 221ZF. Applying brake or emergency device A person must not, without reasonable excuse- (a) apply any brake or make use of any emergency device fitted to a rail vehicle or road vehicle; or (b) make use of any emergency device on rail premises. Penalty: 20 penalty units. Example Emergency devices include an emergency button on a station communication board or on an escalator. Transport Act 1983 - SECT 221ZG Stopping a rail vehicle or road vehicle 221ZG. Stopping a rail vehicle or road vehicle A person must not, without reasonable excuse, cause or attempt to cause a rail vehicle or road vehicle in motion to be stopped. Penalty: 20 penalty units. Transport Act 1983 - SECT 221ZH Operating equipment 221ZH. Operating equipment (1) A person must not, without the permission of an authorised person- (a) move or attempt to move; (b) interfere or attempt to interfere with; (c) tamper or attempt to tamper with; (d) operate or attempt to operate- any equipment, rail vehicle or road vehicle, owned or operated by a passenger transport company, bus company or the Director in connection with the operation of a passenger service. Penalty: 20 penalty units. (2) A person must not, without the permission of an authorised person- (a) move or attempt to move; (b) interfere or attempt to interfere with; (c) tamper or attempt to tamper with; (d) operate or attempt to operate- any equipment, rail vehicle, owned or operated by a rail freight operator in connection with its rail freight service or by Rail Track. Penalty: 20 penalty units. Transport Act 1983 - SECT 221ZI Permitting drainage 221ZI. Permitting drainage A person must not cause or permit drainage or sewage to flow or empty from any premises occupied by the person onto land or premises the property of Rail Track. Penalty: 20 penalty units. Division 4AB-Further offences * * * * * * * * * * Transport Act 1983 - SECT 222B Interference with prescribed equipment 222B. Interference with prescribed equipment (1) A person must not- (a) move or attempt to move; or (b) interfere with or attempt to interfere with; or (c) tamper or attempt to tamper with- any prescribed equipment or equipment in a prescribed class of equipment owned by the Public Transport Ticketing Body or operated by or on behalf of the Public Transport Ticketing Body. Penalty: 20 penalty units. (2) Subsection (1) does not apply to anything done by any person acting on behalf of, or with the permission of, the Public Transport Ticketing Body. Transport Act 1983 - SECT 223 Offence to trespass on land or premises of Roads Corporation or Rail Track 223. Offence to trespass on land or premises of Roads Corporation or Rail Track A person must not wilfully trespass on any land or premises owned or occupied by the Roads Corporation or Rail Track. Penalty: 20 penalty units. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Transport Act 1983 - SECT 224 Offence to provide false or misleading information 224. Offence to provide false or misleading information (1) A person must not either deliberately or recklessly- (a) provide any information under this Act that is false or misleading in a material detail; or (b) provide under this Act any document that is false or misleading in a material detail; or (c) make any representation under this Act that provides a false or misleading impression of a material detail; or (d) fail to include any material matter in any information or document provided under this Act if the failure causes the information or document to be false or misleading; or (e) engage in conduct, or a course of conduct, for a purpose that is relevant to this Act, if that conduct is misleading or deceptive, or is likely to mislead or deceive. Penalty: 300 penalty units, in the case of a corporation; Level 9 imprisonment (6 months maximum) or 60 penalty units or both, in any other case. (2) Subsection (1) does not apply to any conduct that is an offence under section 220AA (providing false information in relation to an entitlement to use a public transport service). (3) Subsection (1)(b) does not apply if, at the time the person provided the document to the person or body to whom the document was provided, the person either- (a) informed that person or body that the record contained a material detail that was false or misleading and specified in what respect it was false or misleading; or (b) took all reasonable steps to provide that person or body with that information. (4) A reference in this section to "under this Act" or "relevant to this Act" is to be read as including a reference to any purpose associated with this Act or the regulations, and regardless of whether the information, document, representation or conduct was required to be provided, or was provided voluntarily. Transport Act 1983 - SECT 225 Offence to assault or obstruct officers etc. 225. Offence to assault or obstruct officers etc. (1) In this section- officer means- (a) any officer or agent of the Corporation or of the Department, or an authorised officer, who is acting in the execution of his or her duty under this or any other Act, or under regulations made under this Act; (b) a person employed by a passenger transport company or a bus company who has duties in relation to the issue, inspection or collection of tickets for, or the operation of, a vehicle operated by the company who is acting in the execution of his or her duties; (c) any other person appointed in writing by a passenger transport company, a bus company, a rail freight operator, Rail Track or the Secretary for the purposes of the regulations who is acting in the execution of his or her duties in relation to the appointment; officer's assistant means any person lawfully assisting an officer in the execution of his or her duty under this or any other Act, or under regulations made under this Act. (2) A person must not, without reasonable excuse, assault or incite or encourage any other person to assault an officer or an officer's assistant. Penalty: 300 penalty units, in the case of a corporation; Level 9 imprisonment (6 months maximum) or 60 penalty units or both, in any other case. (3) A person must not, without reasonable excuse- (a) resist, obstruct, hinder or refuse to comply with a lawful request or direction of; or (b) incite or encourage any other person to resist, obstruct, hinder or refuse to comply with a lawful request or direction of- an officer or an officer's assistant. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. * * * * * Transport Act 1983 - SECT 225B Offence to impersonate an officer 225B. Offence to impersonate an officer A person must not, directly or indirectly, falsely represent himself, herself or itself to be- (a) an officer of the Department or the Corporation; or (b) an authorised officer (within the meaning of any provision of this Act); or (c) a person who is authorised to exercise a power or to carry out a function under this Act. Penalty: 300 penalty units, in the case of a corporation; Level 9 imprisonment (6 months maximum) or 60 penalty units or both, in any other case. Transport Act 1983 - SECT 225C Offence to offer, give, solicit or accept a bribe 225C. Offence to offer, give, solicit or accept a bribe (1) In this section- bribe means anything that provides, or that would provide, a benefit or an advantage to an officer or to anyone known to an officer; officer means any officer of the Department, or an authorised officer. (2) A person must not, directly or indirectly, give, offer to give, cause to be given or attempt to give any bribe to an officer for the purpose of inducing the officer to forgo his or her duty, or to carry out his or her duty in a manner that he or she would not usually carry it out. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. (3) An officer must not, directly or indirectly, solicit or accept, or attempt to solicit or accept, any bribe for the purpose of inducing him or her to forgo his or her duty, or to carry out his or her duty in a manner that he or she would not usually carry it out. Penalty: Level 9 imprisonment (6 months maximum) or 60 penalty units or both. Transport Act 1983 - SECT 226 Offences by bodies corporate 226. Offences by bodies corporate (1) Where a body corporate is guilty of an offence against this Act any person who is concerned or takes part in the management of that body corporate is also guilty of that offence and liable to the penalty for that offence. (2) It is a defence to a charge brought pursuant to subsection (1) against a person who is concerned or takes part in the management of a body corporate to prove that the offence was committed by the body corporate without his consent or connivance and that he exercised due diligence to prevent the commission of the offence. Transport Act 1983 - SECT 227 Offences by unincorporated bodies, partnerships etc. 227. Offences by unincorporated bodies, partnerships etc. Where this Act provides that a person, being a partnership or an unincorporated body or association, is guilty of an offence, that reference to the person- (a) in the case of a partnership-is to be read as a reference to each member of the partnership; and (b) in the case of an unincorporated body or association-is to be read as a reference to each member of the committee of management of the body or association. Transport Act 1983 - SECT 227A Power of court to require attendance at approved public transport education program 227A. Power of court to require attendance at approved public transport education program (1) If a person is charged with an offence under this Act, or under regulations made under this Act, and on the hearing of the charge the court considers it appropriate in view of the person's circumstances, the court may order the person to undertake a program approved under subsection (2). (2) For the purposes of this section, the Director may approve programs that educate users of public transport and other persons about issues relating to public transport, including but not limited to- (a) public transport safety; (b) the comfort, amenity and convenience of passengers on public transport; (c) the revenue implications of fare evasion for public transport operators and the State; (d) the obligations of passengers and other persons in relation to public transport; (e) the enforcement obligations of authorised officers; (f) the providers of public transport in Victoria; (g) any other matter related to public transport that the Director considers appropriate. Transport Act 1983 - SECT 228 General penalty 228. General penalty A person who is guilty of an offence against this Act for which a specific penalty is not prescribed by another provision of this Act is liable to a penalty not exceeding 10 penalty units. Division 4A-Accreditation of passenger transport companies Transport Act 1983 - SECT 228AA Objective 228AA. Objective The objective of this Division is that the authorised officer management systems provided by passenger transport companies, bus companies and the Bus Association Victoria be provided in a manner that promotes the safety, comfort, amenity and convenience of persons using the services provided by the bodies and other persons, particularly children and other vulnerable persons. Transport Act 1983 - SECT 228AB Definition 228AB. Definition In this Division, authorised officer management system means a system for the management of authorised officers that includes- (a) education and training relating to- (i) the use of enforcement powers; (ii) behaviour by authorised officers toward members of the public, particularly children and other vulnerable persons; (b) the reporting requirements and supervision of authorised officers; (c) any matter prescribed in the regulations for this purpose. Transport Act 1983 - SECT 228A Application for accreditation 228A. Application for accreditation (1) A passenger transport company or bus company or the Bus Association Victoria may apply to the Director for accreditation to employ or engage people authorised under section 221AB to act as authorised officers. (2) An application- (a) must be made in the manner and form determined by the Director; (b) must be accompanied by- (i) the application fee, if any, determined by the Director and published in the Government Gazette; (ii) a detailed description of the applicant's authorised officer management system; (iii) any other information or thing determined by the Director. (2A) The Director must notify in writing all passenger transport companies, bus companies and the Bus Association Victoria of any determination made by the Director under subsection (2). (3) The Director may require an applicant for accreditation- (a) to furnish further information specified by the Director; or (b) to verify, by statutory declaration, information furnished for the purposes of the application. Transport Act 1983 - SECT 228B Matters to be considered by Director 228B. Matters to be considered by Director In determining whether to give an accreditation, the Director must consider- (a) whether the authorised officer management system that the applicant proposes to have in place is effective and appropriate; and (b) any matters that are prescribed. Transport Act 1983 - SECT 228C Giving or refusal of accreditation 228C. Giving or refusal of accreditation (1) The Director may give or refuse to give an accreditation. (2) If the Director refuses to give an accreditation, the Director must notify the applicant in writing of the refusal and the reasons for it. (3) If the Director gives accreditation to the Bus Association Victoria, a reference in this Division to an accredited company is to be read as including a reference to that Association. Transport Act 1983 - SECT 228D Conditions of accreditation 228D. Conditions of accreditation (1) An accreditation is subject to- (a) any prescribed condition; (b) any condition imposed by the Director. (2) Particulars of an accreditation and of the conditions to which it is subject are to be given in writing by the Director to the accredited company. Transport Act 1983 - SECT 228DA Accredited companies must comply with conditions 228DA. Accredited companies must comply with conditions A passenger transport company or bus company or the Bus Association Victoria must not do, or omit to do, anything that is in breach of a condition to which its accreditation is subject. Penalty: 100 penalty units. Transport Act 1983 - SECT 228DB Offence to employ or engage authorised officer without accreditation under this Division 228DB. Offence to employ or engage authorised officer without accreditation under this Division A passenger transport company, a bus company or the Bus Association Victoria must not employ or engage a person to act as an authorised officer without being accredited to do so under this Division. Penalty: 300 penalty units. Transport Act 1983 - SECT 228E Change of conditions etc. 228E. Change of conditions etc. (1) The Director may at any time vary or revoke a condition of an accreditation referred to in section 228D(1)(b) or impose a new condition. (2) The Director may act under subsection (1)- (a) of his or her own initiative; or (b) on the written application of the accredited company. (3) Except where the Director considers it necessary to take action in the interests of public safety, the Director must, before taking action under subsection (2)(a), give the accredited company written notice of the intended action and allow it to make written representations about the intended action within 10 working days. (4) Particulars of any action taken under subsection (1) are to be given in writing by the Director to the accredited company. Transport Act 1983 - SECT 228F Duration of accreditation 228F. Duration of accreditation (1) An accreditation remains in force for the period specified by the Director. (1A) The Director must not specify a period that is greater than the maximum (if any) specified by the regulations for the purposes of this section. (2) The Director may give a temporary accreditation for a period of less than 12 months. Transport Act 1983 - SECT 228G Requirement to notify Director about charges, etc. 228G. Requirement to notify Director about charges, etc. If at any time while an accreditation is in force- (a) the accredited company becomes aware that an authorised officer employed or engaged by it has been convicted or found guilty of an offence or has been charged with an offence and the charge has not been finally disposed of; and (b) particulars of that conviction, finding or charge have not previously been given by the accredited company to the Director- the accredited company must immediately notify the Director of the particulars of that conviction, finding or charge. Penalty: 10 penalty units. Transport Act 1983 - SECT 228H Notifications 228H. Notifications (1) A company that holds an accreditation (other than a temporary accreditation) must notify the Director (in writing) of any relevant incident or occurrence within 14 days after the day on which the incident or occurrence took place. Penalty: 50 penalty units. (2) The Director may request a report from a company that holds an accreditation (other than a temporary accreditation) under this Division on any matter related to the authorised officers employed or engaged by the company. (3) A request by the Director under subsection (2) must specify a reasonable period within which the report must be received by the Director. (4) A company that receives a request under subsection (2) must comply with that request within the period specified by the Director under subsection (3). Penalty: 50 penalty units. (5) The Director may request further information relating to- (a) the incident or occurrence to which a notification under subsection (1) relates; or (b) a report provided to the Director under subsection (4)- and may specify a reasonable period within which the further information must be received by the Director. (6) A company must comply with any request for further information under subsection (5) within the period (if any) specified in that request. Penalty: 50 penalty units. (7) In this section, relevant incident or occurrence means an incident or occurrence that is determined by the Director to be an incident or occurrence to which this section applies. (8) The Director must cause to be published in the Government Gazette any determination made by the Director for the purpose of the definition of relevant incident or occurrence. (9) The Director must notify in writing any company that holds an accreditation under this Division of any determination made by the Director for the purpose of the definition of relevant incident or occurrence. Transport Act 1983 - SECT 228HA Audit of certain books and records of accredited companies for compliance purposes 228HA. Audit of certain books and records of accredited companies for compliance purposes (1) An accredited company must keep books and records relating to the following- (a) any condition to which its accreditation is subject and its compliance with that condition; (b) the scope and operation of its authorised officer management system; (c) any notification, report or information provided by it under this Division; (d) any correspondence with the Director in relation to its accreditation, its authorised officer management system or any authorised officer employed or engaged by it; (e) any other prescribed matter. Penalty: 50 penalty units. (2) The Director may audit all books and records referred to in subsection (1) and may take copies of any books or records. (2A) The Director may authorise an officer of the Department or any other suitably qualified person to conduct an audit under this section. (2B) A person authorised under subsection (2A) may- (a) enter any premises in which the person reasonably believes a book or record is kept for the purpose of subsection (1); and (b) inspect any such book or record; and (c) make copies of, or take extracts from, any such book or record. (3) If an audit is conducted as a result of a notification, or the provision of a report, under section 228H, the Director may charge a fee that covers the reasonable costs of conducting that audit. Transport Act 1983 - SECT 228I Application for renewal of accreditation 228I. Application for renewal of accreditation (1) An accredited company (other than the holder of a temporary accreditation) may apply to the Director for renewal of the accreditation. (2) The holder of a temporary accreditation may, within the period of 2 years beginning at the commencement of section 37 of the Rail Corporations (Amendment) Act 1997, apply to the Director for renewal of the temporary accreditation. (3) A renewal application- (a) must be made in the manner and form determined by the Director; (b) must be accompanied by- (i) the application fee, if any, determined by the Director and published in the Government Gazette; and (ii) any other information or thing determined by the Director. (4) A renewal application must be made not later than 60 days before the expiry of the accreditation. (5) Despite subsection (4), the Director may consider a renewal application made later than the time applying under subsection (4). (5A) If the regulations prescribe a late renewal application fee, the Director may only consider a renewal application made later than the time for applying under subsection (4) if the applicant pays that fee. (6) The Director may refuse to consider a renewal application made earlier than 90 days before the expiry of the accreditation. Transport Act 1983 - SECT 228J Renewal of accreditation 228J. Renewal of accreditation (1) The Director may renew or refuse to renew an accreditation. (1A) In renewing or refusing to renew any accreditation under subsection (1), the Director must have regard to- (a) the applicant's authorised officer management system; and (b) the applicant's compliance with the conditions of the applicant's accreditation; and (c) the conduct of authorised officers employed or engaged by the company, including whether the authorised officers have complied with conditions to which their authorisations are subject; and (d) any other matter determined by the Director and published in the Government Gazette. (1B) The Director must notify each company in writing of any determination made by the Director under subsection (1A)(d). (2) On renewing an accreditation the Director may- (a) renew it as then in force; or (b) vary or revoke any of the conditions to which the accreditation is subject; or (c) impose a new condition on the accreditation (including conditions relating to the authorised officer management system of the company). (3) Particulars of the renewal of an accreditation and of the conditions to which it is subject are to be given in writing by the Director to the accredited company. (4) A renewed accreditation remains in force for 5 years unless- (a) the accreditation is sooner cancelled or surrendered; or (b) that period is shortened under section 228N(3)(b)(iii). (5) If the Director refuses to renew an accreditation, the Director must notify the accredited company in writing of the refusal and the reasons for it. Transport Act 1983 - SECT 228K Nature of accreditation 228K. Nature of accreditation (1) An accreditation- (a) is personal to the accredited company; (b) is not capable of being transferred or assigned to any other person or, subject to subsection (3), otherwise dealt with by the accredited company; (c) does not vest by operation of law in any other person. (2) A purported transfer or assignment of an accreditation and any other purported dealing by the accredited company with an accreditation (otherwise than under and in accordance with subsection (3)) is of no effect. (3) An accredited company may, with the consent of the Director and in accordance with the regulations, surrender an accreditation. (4) This section has effect despite anything in any Act or rule of law to the contrary. * * * * * Transport Act 1983 - SECT 228M Director not liable for giving accreditation 228M. Director not liable for giving accreditation No liability attaches to the Director for giving an accreditation to any passenger transport company or bus company or the Bus Association Victoria under this Division. Transport Act 1983 - SECT 228N Supervision of accredited companies 228N. Supervision of accredited companies (1) The Director may hold an inquiry for the purpose of determining whether proper cause exists for taking action against a passenger transport company or bus company or the Bus Association Victoria that is, or has been, an accredited company. (2) There is proper cause for taking action against a passenger transport company or bus company or the Bus Association Victoria that is, or has been, an accredited company if- (a) the company has failed to maintain an effective and appropriate authorised officer management system; or (aa) the company has failed to comply with section 228H; or (ab) the company does, or omits to do, anything that is in breach of a condition to which its accreditation is subject; or (b) the company obtained the accreditation improperly. (3) If, following an inquiry, the Director is satisfied that proper cause for taking action against the passenger transport company or bus company or the Bus Association Victoria exists, the Director has power to do one or more of the following- (a) reprimand the company; (b) if the company is accredited- (i) warn the company that should further proper cause for taking action be found to exist, the company may be disqualified from holding an accreditation; (ii) impose one or more new conditions on the accreditation (including conditions relating to the authorised officer management system of the company); (iii) shorten the period for which the accreditation is to remain in force; (iv) suspend the accreditation for a specified period or until a specified event or until a further determination made by the Director; (v) cancel the accreditation immediately or with effect from a specified later date; (c) disqualify the company from holding an accreditation- (i) until a specified event; or (ii) until a further determination made by the Director. (4) The Director may exercise the powers conferred by this section in relation to conduct occurring before or after the commencement of section 37 of the Rail Corporations (Amendment) Act 1997. (5) If the Bus Association Victoria is, or was, given accreditation, a reference to a company in this section is to be read as including a reference to that Association. Transport Act 1983 - SECT 228O Procedure and powers 228O. Procedure and powers (1) In exercising his or her powers under section 228N, the Director- (a) must act fairly and according to equity and good conscience without regard to technicalities or legal forms; (b) is not required to conduct himself or herself in a formal manner; (c) is not bound by rules or practice as to evidence but may inform himself or herself in relation to any matter in any manner that he or she thinks fit. (2) For the purpose of and in connection with any inquiry under section 228N, the Director has the powers conferred by sections 14, 15, 16, 20, 20A and 21A of the Evidence Act 1958 on a board appointed by the Governor in Council and those sections apply as if the Director were the sole member of the board. (3) Subject to this Division and the regulations, the procedure of the Director on or in connection with an inquiry under section 228N is in his or her discretion. Transport Act 1983 - SECT 228P Immediate power of suspension 228P. Immediate power of suspension (1) The Director may, subject to and in accordance with the regulations, without holding an inquiry under section 228N, immediately suspend an accreditation under this Division if the Director considers it necessary to do so in the interests of public safety. (2) A suspension under this section may be for a specified period or until a specified event or until a further determination made by the Director. (3) A company or association whose accreditation has been suspended under this section may, by notice served on the Director, require the Director to hold an inquiry under section 228N. (4) The Director must commence an inquiry under section 228N within 7 days after the service on him or her of a notice under subsection (3). (5) If an inquiry is held under section 228N, a suspension under this section, if then still in effect, ceases to have effect on the completion of that inquiry. (6) Nothing in this section limits any power of the Director under section 228N. Transport Act 1983 - SECT 228Q Effect of suspension, cancellation or failure to renew 228Q. Effect of suspension, cancellation or failure to renew (1) A company or association whose accreditation is suspended is not accredited during the period of suspension. (2) If- (a) a person who is employed or engaged by a company or association is authorised under section 221AB to act as an authorised officer; and (b) the accreditation of the company or association is suspended, cancelled or not renewed while that person is so employed or engaged- the person ceases to be authorised under section 221AB during the period of suspension or cancellation or until the accreditation is renewed. (3) Subsection (2) does not apply to a person who is authorised under section 221AB to act as an authorised officer if- (a) the person is employed or engaged by more than one company or association and at least one such company or association continues to be the holder of an accreditation under this Division; or (b) the person is employed or engaged by another accredited company or association within 30 days following the day on which the accreditation of the company or association by whom he or she was employed or engaged was suspended, cancelled or not renewed. Transport Act 1983 - SECT 228R Tribunal reviews 228R. Tribunal reviews (1) A company or association may apply to the Tribunal for review of a decision of the Director under this Division in relation to- (a) an application for accreditation or renewal of accreditation by that company or association; or (b) that company's or association's accreditation; or (c) that company or association. (2) An application for review must be made within 28 days after the later of- (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the company or association requests a statement of reasons for the decision, the day on which the statement of reasons is given to the company or association or it is informed under section 46(5) of that Act that a statement of reasons will not be given. Division 4B-Enforcement of relevant transport safety laws Subdivision 1-Interpretation Transport Act 1983 - SECT 228S Definitions 228S. Definitions (1) In this Division- approved code of practice has the same meaning as in the Rail Safety Act 2006; compliance and investigative purposes includes purposes- (a) related to ascertaining whether a relevant transport safety law has been or is being complied with, including whether an offence has been committed against a relevant transport safety law; (b) related to ascertaining whether an approved compliance code has been or is being complied with; (c) related to an investigation into a public transport safety matter; (d) related to an audit under Division 5 of Part 3 of the Rail Safety Act 2006; contractor, in relation to an accredited rail operator, means a person engaged directly or indirectly by the accredited rail operator to supply rail infrastructure operations or rolling stock operations to that accredited rail operator, and includes a sub-contractor; major incident has the same meaning as in the Rail Safety Act 2006; officer has the same meaning as in the Rail Safety Act 2006; person has the same meaning as in the Rail Safety Act 2006; premises includes any structure, building or place (whether built on or not), and any part of such structure, building or place; rail infrastructure has the same meaning as in the Rail Safety Act 2006; railway has the same meaning as in the Rail Safety Act 2006; rail operations means rail infrastructure operations or rolling stock operations; railway premises has the same meaning as in the Rail Safety Act 2006; rail safety worker has the same meaning as in the Rail Safety Act 2006; relevant person means- (a) a rail operator or an accredited rail operator; or (b) an employee of a rail operator or accredited rail operator; or (c) a contractor of an accredited rail operator; or (d) a rail safety worker; or (e) a utility; or (f) an employee of a utility; or (g) a works contractor within the meaning of section 85 of the Electricity Industry Act 2000, section 48A of the Road Management Act 2004, section 137A(4) of the Water Act 1989 or section 62A(4) of the Water Industry Act 1994; or (h) a person authorised in writing by a gas distribution company or gas transmission company under section 148(7) or 149(6) of the Gas Industry Act 2001; (i) a person whom the Safety Director or a transport safety officer believes on reasonable grounds may be able to provide information, documents or assistance for compliance and investigative purposes; residential premises means premises, or a part of premises, that is used for predominantly residential purposes; retention period means a period of 90 days after the seizure of a thing under Subdivision 4 or a search warrant executed in accordance with Subdivision 5; rolling stock has the same meaning as in the Rail Safety Act 2006; utility means- (a) an entity (whether publicly or privately owned) which provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like services under the authority of an Act of Victoria or the Commonwealth; (b) a road authority within the meaning of the Road Management Act 2004; volunteer has the same meaning as in the Rail Safety Act 2006. (2) For the purposes of this Division, a premises or a part of a premises, that is used for the carrying out of rail operations, is not to be taken to be residential premises merely because sleeping or other accommodation is provided there to rail safety workers. Transport Act 1983 - SECT 228SA Crown to be bound 228SA. Crown to be bound (1) This Division binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) To avoid doubt, the Crown is a body corporate for the purposes of this Division. Subdivision 2-Transport safety officers Transport Act 1983 - SECT 228T Appointment 228T. Appointment (1) The Safety Director, by instrument, may appoint as a transport safety officer any person (including any person employed in the Department under Part 3 of the Public Administration Act 2004) who is suitably qualified or trained to exercise the powers of a transport safety officer under a relevant transport safety law. (2) An appointment under this section is for a term, and subject to the conditions, specified in the instrument. (3) Without limiting the conditions to which the appointment of a transport safety officer may be subject, a condition may specify one or more of the following- (a) the functions and powers under a relevant transport safety law that may not be exercised by the transport safety officer; (b) the only functions and powers under a relevant transport safety law that may be exercised by the transport safety officer; (c) the circumstances or manner in which a function or power under a relevant transport safety law may be performed by the transport safety officer. Transport Act 1983 - SECT 228U Identity cards 228U. Identity cards (1) The Safety Director must issue an identity card to a transport safety officer appointed under section 228T. (2) An identity card must- (a) contain the name of the transport safety officer to whom it is issued; and (b) identify the transport safety officer to whom it is issued as a transport safety officer appointed under section 228T; and (c) subject to subsection (3), contain a photograph of the transport safety officer appointed under section 228T. (3) An identity card need not contain a photograph of the transport safety officer if the officer being issued with the identity card has been appointed under section 228T to only exercise powers under Part 6 of the Rail Safety Act 2006. Transport Act 1983 - SECT 228V Return of identity cards 228V. Return of identity cards If a person to whom an identity card has been issued ceases to be a transport safety officer, the person must return the identity card to the Safety Director as soon as practicable. Penalty: 5 penalty units. Transport Act 1983 - SECT 228W Production of identity card 228W. Production of identity card (1) A transport safety officer must produce his or her identity card for inspection- (a) before exercising a power under a relevant transport safety law; or (b) if asked to do so by any person at any time during the exercise of a power under a relevant transport safety law. (2) However, a transport safety officer need not produce his or her identity card when asked to do so if- (a) the officer reasonably believes that the production of his or her identity card would- (i) affect the safety or welfare of any person; or (ii) frustrate the effective exercise of a power under a relevant transport safety law; or (b) the request to produce his or her identity card is made by a person to whom the officer has already produced that identity card on the same day before exercising a power under a relevant transport safety law. (3) Any action taken or thing done by a transport safety officer under a relevant transport safety law is not invalidated by his or her failure to produce his or her identity card. Transport Act 1983 - SECT 228X Transport safety officers subject to Safety Director's direction 228X. Transport safety officers subject to Safety Director's direction (1) The Safety Director may give a direction to a transport safety officer in relation to that officer's performance or exercise of a function or power under a relevant transport safety law. (2) A direction under subsection (1) may be of general nature or may relate to a specified matter or class of matter. Transport Act 1983 - SECT 228Y Investigation by Ombudsman of actions etc. of transport safety officers 228Y. Investigation by Ombudsman of actions etc. of transport safety officers (1) The Ombudsman may enquire into or investigate- (a) any action taken by a person who is a relevant transport safety officer who in the person's capacity as a transport safety officer; and (b) any matter relating to such an action. (2) For the purposes of subsection (1), the Ombudsman Act 1973 applies as if- (a) the employer of the person was a public statutory body within the meaning of that Act; and (b) the senior executive officer of the employer (by whatever title he or she is known) was the principal officer of that public statutory body. (3) In this section- relevant transport safety officer means a transport safety officer employed by any person other than a public statutory body within the meaning of the Ombudsman Act 1973. Subdivision 3-Powers of entry Transport Act 1983 - SECT 228Z Power of entry 228Z. Power of entry A transport safety officer may, for compliance and investigative purposes- (a) enter, without consent, any railway premises at any time during which rail operations or other related activities are being carried out or are usually carried out in or on the railway premises; or (b) enter any railway premises or residential premises at any time if- (i) the occupier of the railway premises or residential premises consents to the entry of those premises; or (ii) the transport safety officer is authorised to do so under a search warrant. Transport Act 1983 - SECT 228ZA Procedure for entry with consent 228ZA. Procedure for entry with consent (1) This section applies if a transport safety officer intends to ask an occupier of a railway premises or residential premises to consent to that officer entering the railway premises or residential premises in accordance with section 228Z(b)(i). (2) Before asking for the consent, the officer must inform the occupier- (a) of the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the officer may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must state- (a) that the occupier has been informed- (i) of the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the purpose of the entry; and (c) that the occupier gives the officer consent to enter the place and exercise powers under this Division; and (d) the time and date the consent was given. (5) If the occupier signs the acknowledgment, the transport safety officer must immediately give a copy to the occupier. (6) If, in any proceeding, an acknowledgment of the consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry by a transport safety officer and the exercise of powers by that officer under this Division. Subdivision 4-Inspection, inquiry, search and seizure powers Transport Act 1983 - SECT 228ZB General inspection, inquiry and search powers 228ZB. General inspection, inquiry and search powers (1) A transport safety officer who enters railway premises or residential premises under this Division may, for compliance and investigative purposes, do any of the following- (a) inspect rail infrastructure or a part of rail infrastructure, rolling stock or any other thing in or on the railway premises; (b) inquire into any railway accident or other incident affecting the- (i) safe operation, construction, maintenance, repair or alteration of rail infrastructure in or on the railway premises; or (ii) safe operation, maintenance, repair or alteration of rolling stock in or on the railway premises; (c) take measurements, make surveys and take levels and, for those purposes, dig trenches, break up the soil and set up any posts, stakes or markers in or on the railway premises; (d) make tests or sketches in connection with any inspection or inquiry; (e) take samples, photographs or film, videotape or otherwise record images or record sound in connection with any inspection or inquiry; (f) search for any thing that may be evidence of the commission of an offence against a relevant transport safety law or a breach of the conditions or restrictions of an accreditation of an accredited rail operator; (g) search for and inspect relevant documents; (h) require a person in or on the railway premises to produce to the officer, any relevant documents in the person's custody or under the person's control; (i) make copies of, or take extracts from, any document kept in or on the railway premises; (j) exercise any other power conferred on the officer by this Act. (2) In doing any thing referred to in subsection (1), a transport safety officer may be assisted by any person. (3) A film, photograph, videotape or image taken under subsection (1)(e) of rolling stock, or of any part of rolling stock, is not inadmissible as evidence by reason only of the fact that it includes the likeness of one or more of the rolling stock's passengers if the capturing of that likeness does not appear to have been the main reason for the taking of the film, photograph, videotape or image. Transport Act 1983 - SECT 228ZC Securing a site 228ZC. Securing a site (1) A transport safety officer may take all reasonable steps to secure the perimeter of any site at a railway premises entered into under this Division if he or she believes on reasonable grounds that it is necessary- (a) for the purpose of ascertaining whether an offence has been committed against a relevant transport safety law; or (b) to preserve evidence relating to the commission of an offence against a relevant transport safety law. (2) The perimeter of a site secured under this section may be for a period that the transport safety officer considers appropriate or the Safety Director specifies. Transport Act 1983 - SECT 228ZD Offence to enter secured site 228ZD. Offence to enter secured site A person must not enter a site the perimeter of which has been secured under section 228ZC unless the person has a reasonable excuse. Penalty: 60 penalty units. Transport Act 1983 - SECT 228ZE Seizure power 228ZE. Seizure power A transport safety officer who enters railway premises or residential premises under this Division may seize any thing at that premises if that officer reasonably believes that the seizure of the thing is necessary for compliance and investigative purposes. Transport Act 1983 - SECT 228ZF Use of equipment to examine or process things 228ZF. Use of equipment to examine or process things (1) A transport safety officer may bring on to any railway premises or residential premises any equipment reasonably necessary for the examination or processing of things found at the railway premises or residential premises in order to determine whether they are things that may be seized. (2) The transport safety officer, or a person assisting the transport safety officer, may operate equipment already at the railway premises or residential premises to carry out the examination or processing of a thing found at the railway premises or residential premises in order to determine whether it is a thing that may be seized, if the transport safety officer or person assisting believes on reasonable grounds that- (a) the equipment is suitable for the examination or processing; and (b) the examination or processing can be carried out without damage to the equipment or the thing. Subdivision 5-Search warrants Transport Act 1983 - SECT 228ZG Search warrant 228ZG. Search warrant (1) A transport safety officer may apply to a magistrate for the issue of a search warrant in relation to particular railway premises or residential premises if the transport safety officer believes on reasonable grounds that there is, or may be within the next 72 hours, in, or on, the railway premises or residential premises evidence of the commission of an offence against a relevant transport safety law. (2) If a magistrate is satisfied that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, in or on railway premises or residential premises a thing or things of a particular kind that may be evidence of the commission of an offence against relevant transport safety law, the magistrate may issue a search warrant authorising a transport safety officer named in the warrant and any assistants the transport safety officer considers necessary- (a) to enter the railway premises or residential premises, or the part of railway premises or residential premises, named or described in the warrant; and (b) to search for and seize any thing named or described in the warrant. (3) In addition to any other requirement, a search warrant issued under this section must state- (a) the offence suspected; and (b) the railway premises or residential premises to be searched; and (c) a description of the thing for which the search is to be made; and (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any time or during stated hours; and (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form set out in the regulations under that Act. (5) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise a transport safety officer to arrest a person. (6) Subject to any provision to the contrary in this Division, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section. Transport Act 1983 - SECT 228ZH Seizure of things not mentioned in the warrant 228ZH. Seizure of things not mentioned in the warrant A search warrant authorises the transport safety officer executing the warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if- (a) the transport safety officer believes, on reasonable grounds, that the thing- (i) is of a kind which could have been included in a warrant issued under this Division; or (ii) will afford evidence about the commission of an offence against a relevant transport safety law; and (b) in the case of seizure, the transport safety officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the commission of an offence against a relevant transport safety law. Transport Act 1983 - SECT 228ZI Announcement before entry 228ZI. Announcement before entry (1) Before executing a search warrant, the transport safety officer named in the warrant or a person assisting the transport safety officer must announce that he or she is authorised by the warrant to enter the railway premises or residential premises and give any person at the railway premises or residential premises an opportunity to allow entry to the railway premises or residential premises. (2) The transport safety officer or a person assisting the transport safety officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the railway premises or residential premises is required to ensure- (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. Transport Act 1983 - SECT 228ZJ Copy of warrant to be given to occupier 228ZJ. Copy of warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present at any railway premises or residential premises when a search warrant is being executed, the transport safety officer must- (a) identify himself or herself to that person by producing his or her identity card for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. Subdivision 6-Directions Transport Act 1983 - SECT 228ZK Power to require production of documents and related items 228ZK. Power to require production of documents and related items (1) A transport safety officer may, for compliance and investigative purposes, direct a relevant person to provide to the transport safety officer- (a) any document required to be kept under a relevant transport safety law; and (b) any documents, devices or other things in his, her or its possession or control relating to rail operations. (2) The direction must state where and to whom the documents, devices or other things are to be produced. (3) In giving a direction, the transport safety officer may specify particular documents, devices or other things, or particular classes of documents, devices or other things. (4) The transport safety officer may do any or all of the following- (a) inspect any documents, devices or other things that are produced; (b) copy any documents, devices or other things that are produced; (c) seize and remove any documents, devices or other things that are produced that the transport safety officer believes on reasonable grounds provide, or may on further inspection provide, evidence of a contravention of a relevant transport safety law. (5) A relevant person must not refuse or fail to comply with a direction under subsection (1) unless the relevant person has a reasonable excuse. Penalty: 60 penalty units. Note Section 228ZY sets out the manner in which a direction may be given under this Division by a transport safety officer. Transport Act 1983 - SECT 228ZL Direction to provide reasonable assistance 228ZL. Direction to provide reasonable assistance (1) A transport safety officer may direct a relevant person to provide assistance to the transport safety officer to enable the transport safety officer effectively to exercise a power under this Division. (2) Without limiting subsection (1), the transport safety officer may direct the person to do any or all of the following- (a) to find and gain access to electronically stored information; (b) to find and gain access to any information relating to rail operations in a useable form for the purpose of ascertaining compliance with any requirements imposed by or under a relevant transport safety law; (3) A relevant person must not refuse or fail to comply with a direction under subsection (1) unless the person has a reasonable excuse. Penalty: 60 penalty units. (4) In proceedings for an offence against subsection (3), it is a reasonable excuse if the direction was unreasonable. (5) In proceedings for an offence against subsection (3) it is a defence if the person charged proves on the balance of probabilities that the direction or its subject-matter was outside the scope of the business or other activities of the person. Note Section 228ZY sets out the manner in which a direction may be given under this Division by a transport safety officer. Transport Act 1983 - SECT 228ZM Direction to provide certain information 228ZM. Direction to provide certain information (1) A transport safety officer may direct, for compliance and investigative purposes, a rail operator or a rail safety worker who is associated with particular rolling stock- (a) to state the name, home address and business address of any other person who is associated with the rolling stock; (b) to give any information that it is within the power of the person to give that may lead to the identification of the owner or operator of the rolling stock on any occasion. (2) A person must not refuse or fail to comply with a direction under subsection (1). Penalty: 5 penalty units. (3) In this section- associated with means the owner or operator of, or in charge or apparently in charge of. Transport Act 1983 - SECT 228ZN Direction to state name and address 228ZN. Direction to state name and address (1) A transport safety officer may, for compliance and investigative purposes, direct an individual whom the transport safety officer believes on reasonable grounds is, or may be, a relevant person to state his or her name, home address and business address. (2) A person must comply immediately with a direction. Penalty: 5 penalty units. (3) A person must not, in purported compliance with a direction, knowingly provide a false name or address. Penalty: 5 penalty units. (4) In proceedings against a person for an offence of failing to state the person's business address, it is a defence if the person charged did not have a business address or the person's business address was not connected (directly or indirectly) with rail operations or works carried out by, or on behalf of, a utility. (5) This section does not affect any other law that requires a person to state the person's name or address. Note Section 228ZY sets out the manner in which a direction may be given under this Division by a transport safety officer. Transport Act 1983 - SECT 228ZO Directions for the protection of evidence 228ZO. Directions for the protection of evidence (1) For the purpose of protecting evidence that might be relevant for compliance or investigative purposes, a transport safety officer may direct the person in control of a specified thing or class of specified things that the specified thing, or specified class of things, must not be removed or interfered with except with the permission of the transport safety officer. (2) A person must not fail or refuse to comply with a direction under subsection (1). Penalty: 60 penalty units. (3) Subsection (2) does not apply if the conduct concerned was necessary- (a) to ensure the safety of persons, animals or property; or (b) for the movement of deceased persons or animals; or (c) to move rolling stock, or the wreckage of rolling stock, to a safe place; or (d) to protect the environment from significant damage or pollution. (4) A transport safety officer must not unreasonably withhold his or her permission under subsection (1). (5) In this section- in control, in relation to a thing or a specified class of things, means having, or reasonably appearing to a transport safety officer as having, authority to exercise control over the thing or specified class of things. Note Section 228ZY sets out the manner in which a direction may be given under this Division by a transport safety officer. Subdivision 7-Seized things and samples taken Transport Act 1983 - SECT 228ZP Securing seized things 228ZP. Securing seized things On seizing a thing under this Division, a transport safety officer may- (a) move the thing from the railway premises or residential premises where it was seized (the place of seizure); or (b) leave the thing at the place of seizure but take steps to restrict access to it; or (c) in relation to equipment that is seized-make the equipment inoperable. Transport Act 1983 - SECT 228ZQ Offence to tamper with seized thing 228ZQ. Offence to tamper with seized thing (1) If a transport safety officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without a transport safety officer's permission. Penalty: 60 penalty units. (2) If a transport safety officer makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without a transport safety officer's permission. Penalty: 60 penalty units. Transport Act 1983 - SECT 228ZR Powers to support seizure 228ZR. Powers to support seizure (1) To enable a thing to be seized under this Division, a transport safety officer may direct the person in control of it- (a) to take it to a specified place within a specified time; and (b) if necessary, to remain in control of it at the specified place for a period specified in the direction. (2) A further direction may be made under this section about the thing if it is necessary and reasonable to make the further direction. Example A further direction may be that the thing be transported during stated off-peak hours, be transported along a particular route, or be transported in a particular way. (3) A person given a direction under subsection (1) or (2) must not refuse or fail to comply with that direction unless the person has a reasonable excuse. Penalty: 60 penalty units. (4) Without limiting what may be a reasonable excuse under subsection (3), it is a reasonable excuse for a person in control of a thing to not comply with a direction under subsection (1) or (2) if in all the circumstances, the direction was unreasonable. (5) The cost of complying with subsection (1) or (2) must be borne by the person. (6) In this section- in control, in relation to a thing, means having, or reasonably appearing to a transport safety officer as having, authority to exercise control over the thing. Note Section 228ZY sets out the manner in which a direction may be given under this Division by a transport safety officer. Transport Act 1983 - SECT 228ZS Transport safety officer may direct a thing's return 228ZS. Transport safety officer may direct a thing's return (1) If a transport safety officer has directed a person to take a thing to a specified place within a specified time under section 228ZR(1), the officer may direct the person to return the thing to the place from which it was taken. (2) A person given a direction under subsection (1) must not refuse or fail to comply with that direction unless the person has a reasonable excuse. Penalty: 60 penalty units. (3) The cost of complying with a direction under subsection (1) must be borne by the person. Note Section 228ZY sets out the manner in which a direction may be given under this Division by a transport safety officer. Transport Act 1983 - SECT 228ZT Receipt for seized things 228ZT. Receipt for seized things (1) If a transport safety officer seizes a thing, or takes a sample of, or from, a thing at railway premises or residential premises under this Division, the officer must give a receipt for the thing to the person in charge of the thing or the railway premises or residential premises from which it was taken. (2) A receipt must- (a) identify the thing seized or sample taken; and (b) state the name of the transport safety officer who seized the thing or took the sample and the reason why the thing was seized or the sample was taken. (3) If for any reason it is not practicable for a transport safety officer to comply with subsection (1), the transport safety officer may- (a) leave the receipt at the railway premises or residential premises in a conspicuous position and in a reasonably secure way; or (b) send the receipt, by post, to the occupier of the railway premises or residential premises from where the thing was seized or the sample was taken. Transport Act 1983 - SECT 228ZU Copies of certain seized things to be given 228ZU. Copies of certain seized things to be given (1) If, under this Division, a transport safety officer seizes- (a) a document; or (b) a thing that can be readily copied; or (c) a storage device containing information that can be readily copied- the transport safety officer must give a copy of the thing or information to the owner or custodian of the document, thing or device as soon as practicable after the seizure. (2) Subsection (1) does not apply- (a) to any document, thing or device moved under section 228ZP(a) or 228ZR; or (b) if the transport safety officer is unable to discover the identity of the owner or custodian of any document, thing or device seized. Transport Act 1983 - SECT 228ZV Return of seized things 228ZV. Return of seized things (1) If a transport safety officer seizes a thing under this Division, the transport safety officer must take reasonable steps to return the thing to the person from whom it was seized if the reason for its seizure no longer exists. (2) If the thing has not been returned before the end of the retention period, the transport safety officer must take reasonable steps to return it unless- (a) proceedings have commenced within the retention period and those proceedings (including any appeal) have not been completed; or (b) the Magistrates' Court makes an order under section 228ZW extending the retention period; or (c) the thing has been forfeited to the State under section 228ZX. Transport Act 1983 - SECT 228ZW Magistrates' Court may extend period 228ZW. Magistrates' Court may extend period (1) A transport safety officer may apply to the Magistrates' Court within the retention period or within a period extended by the Court under this section for an extension of that period. (2)