TRANSPORT INTEGRATION ACT 2010 - SECT 242 Minister may direct transfer of Director of Public Transport property, rights and liabilities held on behalf of the Crown

TRANSPORT INTEGRATION ACT 2010 - SECT 242

    (1)     The Minister may give a direction in writing to the Director of Public Transport directing the Director of Public Transport on behalf of the Crown to transfer, in accordance with the direction, any property, rights and liabilities of a kind specified in the direction to—

        (a)     the Public Transport Development Authority; or

        (b)     the Secretary on behalf of the Crown; or

        (c)     Victorian Rail Track; or

        (d)     V/Line Corporation.

    (2)     A direction under subsection (1) may include directions as to the method of valuation to be used by the Director of Public Transport for the purposes of determining the value of property, rights and liabilities to be transferred.

    (3)     Within the time period specified in a direction under subsection (1), the Director of Public Transport must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities of the Director of Public Transport on behalf of the Crown to which the direction relates, as at the date specified by the Minister for the purposes of this section.

    (4)     Unless the relevant transferor otherwise agrees, the time period specified in a direction under subsection (1) must not be less than 45 days.

    (5)     A statement under this section—

        (a)     must give the value of the property, rights and liabilities of the Director of Public Transport on behalf of the Crown to be transferred; and

        (b)     must allocate the property, rights and liabilities of the Director of Public Transport on behalf of the Crown shown in the statement in accordance with the directions of the Minister; and

        (c)     must be signed by the Director of Public Transport.

    (6)     If a statement under this section is approved by the Minister—

        (a)     the Minister must sign the statement; and

        (b)     the statement is an allocation statement for the purposes of this Part.

    (7)     The Minister may at any time direct the Director of Public Transport to amend a statement given to him or her under this section as specified in the direction.

    (8)     An allocation statement under this section may be amended by writing signed by the Minister.

    (9)     An amendment under subsection (8) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the Director of Public Transport on behalf of the Crown, or as the case may be, the Public Transport Development Authority, the Secretary on behalf of the Crown, Victorian Rail Track or V/Line Corporation in relation to that statement.

S. 243 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).