TRANSPORT INTEGRATION ACT 2010 - SECT 241 Definitions

TRANSPORT INTEGRATION ACT 2010 - SECT 241

    (1)     In this Part—

"allocation statement" means an allocation statement given under section 242, 243, 244, 245, 246 or 247 and includes a statement that has been amended under the relevant section;

"former relevant transferor instrument" means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the relevant date—

        (a)     to which the relevant transferor was a party; or

        (b)     that was given to, or in favour of, the relevant transferor; or

        (c)     that refers to the relevant transferor; or

        (d)     under which—

              (i)     money is, or may become, payable to the relevant transferor; or

              (ii)     other property is to be, or may become liable to be, transferred to or by the relevant transferor;

"former relevant transferor property" means property, rights or liabilities of the relevant transferor that, under this Part, have vested in, or become liabilities of, the relevant transferee;

"instrument" includes a document and an oral agreement;

"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;

"Metlink" means Metlink Victoria Pty Ltd (ACN 105 274 904);

"property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

"Public Transport Ticketing Body" has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 ;

"relevant date", in relation to an allocation statement or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;

"relevant transferee" means—

        (a)     in respect of an allocation statement given under section 242, the Public Transport Development Authority, the Secretary on behalf of the Crown, Victorian Rail Track or V/Line Corporation as specified in the allocation statement;

        (b)     in respect of an allocation statement given under section 243, the Public Transport Development Authority or the Secretary on behalf of the Crown as specified in the allocation statement;

        (c)     in respect of an allocation statement given under section 244, the Public Transport Development Authority;

        (d)     in respect of an allocation statement given under section 245, the Public Transport Development Authority;

        (e)     in respect of an allocation statement given under section 246, the Public Transport Development Authority or the Secretary on behalf of the Crown as specified in the allocation statement;

        (f)     in respect of an allocation statement given under section 247, the Public Transport Development Authority;

"relevant transferor" means—

        (a)     in respect of an allocation statement given under section 242, the Director of Public Transport on behalf of the Crown;

        (b)     in respect of an allocation statement given under section 243, the Public Transport Ticketing Body;

        (c)     in respect of an allocation statement given under section 244, Victorian Rail Track;

        (d)     in respect of an allocation statement given under section 245, V/Line Corporation;

        (e)     in respect of an allocation statement given under section 246, Metlink;

        (f)     in respect of an allocation statement given under section 247, the Secretary on behalf of the Crown;

"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective.

    (2)     The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement.

Division 2—Transfer of property, rights and liabilities and staff

S. 242 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).