TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983
Table of Provisions
PART I--PRELIMINARY
PART II--ADMINISTRATION
- 7 Minister may make use of services of officers etc. of public service or public entities
- 10 Priority of passenger services
- 12 Financial assistance to train drivers following fatal incidents
PART III--POWERS OF THE CORPORATION
PART IV--FINANCIAL
Division 2--Borrowing powers
- 77A Power to give a guarantee in relation to a contract assigned by the Secretary
PART V--CHIEF INVESTIGATOR, TRANSPORT SAFETY
Division 1--Preliminary matters
- 82 Object
- 82C Application of definitions to this Part
Division 3--Investigations
- 84 Specific investigation powers—public transport safety matters or marine safety matters
- 84A Chief Investigator, Transport Safety to carry photo identification
- 84AA Production of photo identification
- 84AB Chief Investigator, Transport Safety 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
- 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, Transport Safety may authorise non-staff members to have access to information
- 85F Confidential reporting of safety information by transport workers
- 85H Chief Investigator, Transport Safety may ask Commonwealth agency to investigate accident or incident
PART VI--LICENSING OF CERTAIN VEHICLES AND DRIVER ACCREDITATION
Division 1--General provisions
- 86 Definitions
- 88 Part to bind Crown
- 90 No compensation payable
Division 6--Driver accreditation--commercial bus services and local bus services
- 163 Interpretation
- 164 Public care objective
- 165 Offence to drive certain vehicles without accreditation
- 166 Licensing authority's power to accredit persons
- 167 Tests, qualifications and other requirements
- 168 Term and renewal of accreditation
- 169 Matters to be considered by the licensing authority when issuing or renewing an accreditation
- 169A Imposition of conditions on accreditation
- 169B Offence to fail to comply with conditions
- 169C Disqualification by licensing authority 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 licensing authority
- 169F Powers of the licensing authority to consider disciplinary action
- 169G Notice to holder of accreditation
- 169H Submissions to licensing authority
- 169HA Licensing authority may extend time for making submissions
- 169I Actions licensing authority may take after consideration
- 169J Notice of licensing authority's decision
- 169K Interim suspension of accreditation
- 169L Re-instatement of accreditation
- 169M Compensation for lost income during suspension
- 169MA Application for internal review
- 169MB Effect of decision on application
- 169MC Determination of application for internal review
- 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
- 169WB Holder of accreditation must not permit non‑accredited driver to drive vehicle used to operate bus service
- 169X Offence not to produce certificate when asked
- 169Y Power of licensing authority to determine fees
- 169Z Regulations
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 The Head, Transport for Victoria 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 The Head, Transport for Victoria may impose fee
- 201 Alternative arrangements if time limited
- 202 The Head, Transport for Victoria may waive or reduce time limits
- 203 Approval of public transport plans
- 204 Consequences of a failure to comply with this Division
PART VII--PROSECUTIONS, ENFORCEMENT AND PENALTIES AND OTHER MATTERS
Division 1--Interpretations and application
- 208 Definitions
- 208A Application of powers conferred on protective services officers under this Part
Division 2--Transport and ticket infringements
- 212 Transport and ticket infringements
- 213A Administrative costs in respect of ticket infringements
- 214 Proof of prior convictions or findings of guilt
- 214A Differences in penalties
- 215 Regulations
Division 3--Enforcement provisions--vehicle inspections
- 216 Inspection of motor vehicles
- 217 Powers of officers authorised by the Secretary
- 217A Additional inspection power concerning heavy vehicles
Division 3A--Other enforcement provisions
- 218B Power to require names and addresses
- 219 Power to arrest suspected offenders
- 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 Head, Transport for Victoria 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
Division 4AAA--Transport safety offences
- 221U Definitions
- 221V Exclusion of mistake of fact defence
- 221W Statement that mistake of fact defence does not apply not to affect other offences
- 221X Overdimensional vehicles crossing tracks
- 221XA Permit for overdimensional vehicles to cross tracks
- 221XB Additional charges
- 221XC Refunds
- 221XD Offence to fail to comply with permit conditions
- 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
- 222B Interference with prescribed equipment
- 223 Offence to trespass on land or premises of the Head, Transport for Victoria or Rail Track
- 224 Offence to provide false or misleading information
- 225 Offence to assault or obstruct officers etc.
- 225B Offence to impersonate an officer
- 225C Offence to offer, give, solicit or accept a bribe
- 226 Criminal liability of officers of bodies corporate—failure to exercise due diligence
- 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 Secretary
- 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 Secretary 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
- 228M Secretary 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
- 228QA Improvement notices
- 228QB Formal irregularities or defects in notice
- 228QC Proceedings for offences not affected by improvement notices
- 228R Tribunal reviews
Division 5--Prosecutions and evidentiary provisions
- 229 Prosecutions
- 230 Evidentiary provisions
- 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 accused
- 230AG Informant may adduce evidence in relation to ticket offence
- 230AH Regulations
Division 6--Sentences in relation to relevant transport laws
- 230E Release on the giving of a safety undertaking
- 230F Variation or contravention of orders under section 230E
Division 7--Other matters
PART VIIA--ENFORCEMENT AND RELATED POWERS FOR THE PORT OF MELBOURNE
Division 1--Preliminary
- 230K Definitions
- 230L Appointment
- 230M Identity cards
- 230N Return of identity cards
- 230O Production of identity card
Division 2--Powers of entry and search of vessels
Division 3--Powers of entry and search of premises
- 230S Entry of premises with consent
- 230T Entry of premises without consent
- 230U Powers that may be exercised on entry
- 230V Securing a site
- 230W Offence to enter secured site
Division 4--Provisions as to use of or seizure of equipment or goods
- 230X Use of equipment to examine or process things
- 230Y Copies of certain things seized to be given
- 230Z Access to seized things
- 230ZA Retention and return of seized documents or things
- 230ZB Magistrates' Court may extend 3 month period
Division 4A--Port safety infringement notices
Division 5--General
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
- 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
Division 1C--Wheelchair accessible taxi-cab fixed term licence fee instalment amounts
- 246CZE Definitions
- 246CZF Instalment amounts for licence fees for WAT fixed term licences changed
- 246CZG Set off of excess licence fee payments
- 246CZH Revocation of 2014 amending Order
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
- 249 Head, Transport for Victoria need not fence
- 249B Regulations with respect to services operated by a passenger transport company etc.
- 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
- 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
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
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
Division 9--Transitional provisions--Part 2 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011
- 277 Definitions
- 278 Minister may direct transfer of DPT property etc. to Secretary
- 279 Property etc. transferred in accordance with direction
- 280 Allocation of property etc. subject to encumbrances
- 281 Substitution of party to agreement
- 282 Former DPT instruments and agreements
- 283 Proceedings
- 284 Interests in land
- 285 Action by Registrar of Titles
- 286 Taxes
- 287 Evidence
- 288 Validity of things done under this Subdivision
- 289 General transitional provisions
- 290 Regulatory instruments
- 291 Pending applications for accreditation
- 292 Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations
- 293 Disciplinary action taken against accredited persons
- 294 Surrender of accreditations
- 295 Application for commercial passenger vehicle licences
- 296 Cancellation or alteration of licences
- 297 Transfer of licences
- 298 Assignments
- 299 Substitution of vehicle where licensed vehicle undergoing repair
- 300 Substitution of licensed vehicle
- 301 Cancellation of licence for vehicles
- 302 Revocation or suspension of licence, permit or certificate
- 303 Application for driver accreditation
- 304 Application for renewal of driver accreditation
- 305 Actions Director may take in relation to holders of driver accreditations
- 306 Pending applications for authorisations
- 307 Pending applications for renewal of authorisations
- 308 Identity cards of authorised officers
- 309 Inquiries into conduct of authorised officers
- 310 Pending applications for a certificate
- 311 Pending applications for accreditation
- 312 Change of accreditation conditions on application of accredited company
- 313 Change of accreditation conditions on initiative of Director
- 314 Pending applications for renewal of authorisations
- 315 Supervision of accredited companies
- 316 Proceedings
- 317 References to the Director—certain statutory instruments
- 318 Transitional regulations
Division 10--Transitional provisions--Part 3 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011
- 319 Definitions
- 320 Minister may direct transfer of property of Secretary etc. to TSC
- 321 Property etc. transferred in accordance with direction
- 322 Allocation of property etc. subject to encumbrances
- 323 Substitution of party to agreement
- 324 Former Secretary instruments and agreements
- 325 Proceedings
- 326 Interests in land
- 327 Action by Registrar of Titles
- 328 Taxes
- 329 Evidence
- 330 Validity of things done under this Subdivision
- 331 General transitional provisions
- 332 Regulatory instruments
- 333 Pending applications for accreditation
- 334 Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations
- 335 Disciplinary action taken against accredited persons
- 336 Surrender of accreditations
- 337 Application for commercial passenger vehicle licences
- 338 Cancellation or alteration of licences
- 339 Transfer of licences
- 340 Assignments
- 341 Substitution of vehicle where licensed vehicle undergoing repair
- 342 Substitution of licensed vehicle
- 343 Cancellation of licence for vehicles
- 344 Revocation or suspension of licence, permit or certificate
- 345 Application for driver accreditation
- 346 Application for renewal of driver accreditation
- 347 Actions Secretary may take in relation to holders of driver accreditations
- 348 Proceedings
- 349 References to the Secretary—certain statutory instruments
- 350 Transitional regulations
Division 11--Transitional provisions--Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014
- 351 Definitions
- 352 Continuation of Public Transport Fund
- 353 Specification of money to be transferred
- 354 Transfer of money and abolition of old fund
- 355 References to old fund
Division 12--Transitional provisions--Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016
- 356 Continuation of protection for persons who have paid on-the-spot penalty fares
- 357 Allocation of on-the-spot penalty fares
Division 13--Transitional provisions--Commercial Passenger Vehicle Industry Act 2017
- 358 Restricted hire vehicle licences taken to be hire car licences
- 359 Special purpose vehicle licences taken to be hire car licences
- 360 Taxi-cab licences
- 361 Accredited providers of taxi-cab network services
Division 14--Transitional provisions--Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019
- 362 Permissions for overdimensional vehicles
- 363 Fees and further charges
Division 15--Savings and transitional arrangements--Transport Legislation Amendment Act 2019
