TRANSPORT LEGISLATION AMENDMENT ACT 2019 (NO. 49 OF 2019) - SECT 15 Sections 64B and 64C substituted

TRANSPORT LEGISLATION AMENDMENT ACT 2019 (NO. 49 OF 2019) - SECT 15

For sections 64B and 64C of the Transport Integration Act 2010 substitute —

        " 64B     Object of the Head, Transport for Victoria

The primary object of the Head, Transport for Victoria is to coordinate, provide, operate and maintain the public transport system and the road system consistent with the vision statement and the transport system objectives and includes the following—

        (a)     to ensure, in collaboration with other transport bodies and public entities, that the public transport system and the road system operate as part of an integrated transport system which seeks to meet the needs of all transport system users;

        (b)     to manage the public transport system and the road system in a manner which supports a sustainable Victoria—

              (i)     by seeking to increase the share of public transport, walking and cycling trips as a proportion of all transport trips in Victoria; and

              (ii)     by actively promoting public transport to Victorian families and other members of the community as an alternative to travelling by motor car; and

              (iii)     while seeking to give effect to subparagraphs (i) and (ii), by also seeking to improve the environmental performance and to minimise the adverse environmental impacts of the public transport system and the road system;

        (c)     to contribute to social wellbeing by providing access to opportunities and supporting liveable communities;

        (d)     to promote economic prosperity by facilitating efficient and reliable movement of public transport users, road users and goods while also supporting rail freight services;

        (e)     to improve the safety of the public transport system and the road system for the users of those systems.

        64C     Functions of the Head, Transport for Victoria

    (1)     The functions of the Head, Transport for Victoria are to—

        (a)     improve the public transport system in Victoria by—

              (i)     providing and disseminating, or arranging for the provision and dissemination of, including by maintaining a public transport website on the Internet, information on public transport matters, including services, fares and timetables; and

              (ii)     providing consistent information and signage on public transport infrastructure; and

              (iii)     managing relationships with, and between, stakeholders in the public transport system; and

        (b)     in relation to transport infrastructure—

              (i)     construct, maintain or vary public transport infrastructure, including rail infrastructure; and

              (ii)     construct, maintain, vary or manage roads, road-related infrastructure, roadsides and other related transport assets; and

              (iii)     manage operational public transport infrastructure (including rail infrastructure) and other transport assets, including by setting standards for the maintenance and condition of that infrastructure and those assets; and

        (c)     manage leases of rail infrastructure used for the provision of freight and related services; and

        (d)     manage the coordination of trams, trains and buses, including by providing operational advice and assurance to the Secretary regarding the implementation of timetabling and connectivity of passenger services; and

        (e)     provide and disseminate information to Victorians about the road system and related matters, including on a commercial basis consistent with government policy; and

        (f)     develop and implement operational policies, strategies and plans to improve—

              (i)     the safety of passenger services; and

              (ii)     the security of the public transport system; and

              (iii)     the safety of the road system, including through works to improve the safety of road and road-related infrastructure; and

        (g)     develop and implement, and support the development and implementation of, operational policies, strategies and plans, including through standards, guidelines and practices, for the public transport system, the road system and related matters under the Secretary's planning framework; and

        (h)     support the Secretary to plan for the public transport system and road system as part of an integrated transport system under the Secretary's planning framework; and

              (i)     provide advice to the Secretary to assist in the development of strategic and regulatory policy, and legislation, relating to the public transport system and road system and related matters; and

        (j)     provide and operate, or facilitate the provision and operation of, public transport, including by—

              (i)     entering into and managing contracts for the provision of passenger services and other ancillary or incidental transport services; and

              (ii)     providing passenger services and other ancillary or incidental transport services; and

              (iii)     putting into service and maintaining rolling stock, buses or other vehicles for passenger services or other ancillary or incidental transport services; and

              (iv)     supporting the Secretary in procuring passenger services, rolling stock and transport assets, including other ancillary or incidental transport services and assets, as directed by the Secretary; and

              (v)     with the approval of the Secretary, procuring passenger services, rolling stock and transport assets; and

        (k)     provide and operate, or facilitate the provision and operation of, ticketing systems used for the public transport system and manage ongoing improvements in ticketing systems for the public transport system; and

        (l)     operate the road system by managing access and controlling use, including by—

              (i)     installing, operating and maintaining road and road-related infrastructure such as signals, signage, line markings, intelligent transport systems and other road management systems; and

              (ii)     implementing road space allocation measures to give priority to particular modes of transport at certain times on specified roads or parts of roads; and

              (iii)     managing road works and incidents and events on roads in a manner which minimises disruption to the road system; and

        (m)     facilitate the establishment, management and operation of an integrated transport service centre as directed by the Secretary; and

        (n)     monitor and report to the Minister and the Secretary on whether the provision of passenger services meets contractual obligations and Government and community expectations, including through conducting surveys in relation to customer satisfaction; and

        (o)     protect, and support the Secretary to protect, future options for the improvement of the transport system, including by holding, retaining and reserving land for future transport corridors; and

        (p)     support the development of, and develop and implement, effective environmental policies, strategies and management systems under the Secretary's planning framework to support a sustainable transport system, including minimising any adverse environmental impacts from the public transport system and road system; and

        (q)     support the planning, development and maintenance of cycling and walking paths and related infrastructure; and

        (r)     provide technical, project management, consultancy, data and information services relating to the transport system, including on a commercial basis consistent with government policy; and

        (s)     carry out enforcement functions conferred on the Head, Transport for Victoria; and

        (t)     if authorised by the Secretary to do so, carry out any of the Secretary's enforcement functions conferred by or under any Act that are specified in the authorisation, including by implementing an appropriate enforcement strategy as required by the Secretary; and

        (u)     perform any other functions or duties conferred on the Head, Transport for Victoria by or under this Act or any other Act.    

    (2)     In performing the functions conferred on the Head, Transport for Victoria, the Head, Transport for Victoria must—

        (a)     where relevant, engage with stakeholders so as to ensure better outcomes for all Victorians; and

        (b)     efficiently deal with any complaints relating to the performance of—

              (i)     the public transport system; and

              (ii)     the functions of the Head, Transport for Victoria; and

              (iii)     a public transport operator; and

        (c)     perform the functions consistently with Government policies and strategies for rail freight in Victoria; and

        (d)     balance the rail usage needs of public transport and freight.

    (3)     After consultation with the Secretary and with the approval of the Minister, the Head, Transport for Victoria may perform the function specified in subsection (1)(r) for any purpose unrelated to the transport system including law enforcement.

    (4)     The Head, Transport for Victoria must report to the Secretary in the manner and form determined by the Secretary on all matters relating to the performance of functions and the exercise of powers by the Head, Transport for Victoria by or under this Act and any other Act.

    (5)     The Head, Transport for Victoria must have regard to the central role of the Secretary and the Department in respect of the transport system and related matters when performing the functions, and exercising the powers, of the Head, Transport for Victoria.

    (6)     The functions of the Head, Transport for Victoria do not include the development of legislation, strategic and regulatory policy and related matters.

    (7)     However, the Head, Transport for Victoria may advise or comment on the development of legislation, strategic and regulatory policy and related matters.

    (8)     The Head, Transport for Victoria may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.".