Victorian Consolidated Legislation

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.