Victorian Consolidated Legislation

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;



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appointed day means 1 July 1983;

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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;





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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;

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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;

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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;







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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;



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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-

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   (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;

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prescribed means prescribed by this Act or the regulations; prohibition notice
means a notice served under section 228ZZJ;



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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-

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   (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;

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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;





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the Loop means the rail tracks and ancillary works authorised to be
constructed pursuant to the Melbourne Underground Rail Loop Act 1970;

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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;



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Treasurer means the Treasurer of Victoria;

Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998;

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(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.





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