Victorian Consolidated Legislation

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.