Transport Legislation Amendment Act 2007 - Victorian Legislation ...

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Transport Legislation Amendment Act 2007 - Victorian Legislation ...

Transport Legislation Amendment Act 2007

No. 69 of 2007

TABLE OF PROVISIONS

Section

Page

PART 1—PRELIMINARY 1

1 Purposes 1

2 Commencement 2

PART 2—AMENDMENTS TO TRANSPORT ACT 1983 4

Division 1—Smartcards 4

3 Definitions for Part VII 4

4 General evidentiary provision 5

5 New sections 230AB to 230AH inserted 5

230AB Evidentiary provision—smartcards 5

230AC

Certificate of authorised officer who operated hand

held reader 6

230AD Certificate in respect of prescribed devices and

processes 7

230AE Notice by informant 7

230AF Notice by defendant 9

230AG Informant may adduce evidence in relation to ticket

offence 11

230AH Regulations 11

Division 2—Other amendments 13

6 Definitions 13

7 Director of Public Transport—Functions and powers 13

8 Safety Director—Functions and powers 14

9 New section 12 inserted 14

12 Financial assistance to train drivers following fatal

incidents 14

10 New section 158A substituted 15

158A Touting 15

11 Security cameras and the privacy of passengers 17

12 Regulations relating to taxi-cab equipment 17

13 Imposition of conditions of accreditation 18

14 Disqualification by Director from ability to apply for

accreditation 18

15 Certificate of accreditation 18

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Section

Page

16 New sections 169EA to 169EC inserted 18

169EA Mandatory suspension in certain circumstances 18

169EB Reinstatement of driver accreditation in certain

circumstances where it has been suspended 19

169EC Person whose driver licence or probationary licence

is suspended or cancelled must notify the Director 19

17 Review of decision by VCAT 20

18 New section 169R substituted 20

169R Offence not to notify change of address and give

driver accreditation 20

19 Notification of suspension or cancellation of accreditation 21

20 New section 169WA inserted 22

169WA Operator must not permit non-accredited driver to

drive commercial passenger vehicle etc. 22

21 New section 169WB inserted 23

169WB Holder of accreditation must not permit

non-accredited driver to drive commercial passenger

vehicle etc. 23

22 Director may determine conditions 23

23 New section 220DA inserted 24

220DA Conditions relating to overseas student travel 24

24 New section 222B inserted 26

222B Interference with prescribed equipment 26

25 No requirement for photograph of officer on identity cards in

certain cases 27

26 Forfeiture 27

27 New section 228ZX inserted 27

228ZX Forfeiture of seized thing 27

28 Compensation for damage caused during exercise of powers

under Division 4B of Part VII 28

29 Improvement notices 28

30 New section 228ZZH substituted 29

228ZZH Clearance certificates for improvement notices 29

31 Proceedings for offences not affected by improvement notices 29

32 Prohibition notice 30

33 New section 228ZZKA inserted 30

228ZZKA Oral direction before prohibition notice served 30

34 New section 228ZZN substituted 32

228ZZN Certificates that matters that give rise to immediate

risks to safety remedied 32

35 Proceedings for offences not affected by prohibition notices 33

36 Reviewable decisions 33

37 New sections 230DA to 23DC inserted 34

230DA Exclusion orders 34

230DB Corporations Act displacement 35

230DC Contravention of exclusion order 36

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Section

Page

38 Saving of delegations 36

39 Transitional provisions—taxi-cab accreditation 36

40 Statute law revision 39

PART 3—AMENDMENTS TO PUBLIC TRANSPORT

COMPETITION ACT 1995 40

41 New definition of motor vehicle inserted and definition of bus

amended 40

42 Conditions of accreditation 40

43 New Division 1 heading inserted into Part 3 40

44 Associate (sub-contracted) operators 41

45 New Division 2 heading inserted into Part 3 41

46 Interested persons 41

47 Service contracts may also provide for penalties for breaches of

performance requirements 42

48 New section 27A inserted 42

27A Civil penalty provisions in operative service contracts 42

49 Regions or routes of operation 43

50 Repeal of section 29 because of insertion of new Division 4 of

Part 3 43

51 New Division 3 heading inserted into Part 3 43

52 Variation, suspension or cancellation of service contracts 44

53 New Divisions 4 and 5 of Part 3 inserted 44

Division 4—New regular passenger services 44

Subdivision 1—Interpretation 44

30A Definitions 44

30B When is an affected service contract holder a

materially affected service contract holder? 46

30C Certain affected service contract holders may be

materially affected service contract holders 48

Subdivision 2—Stage 1 procurement process (affected

service contract holders) 49

30D

30E

30F

30G

30H

Proposed new regular passenger services that will

affect only one service contract holder 49

Proposed new regular passenger service that will affect

more than one existing service contract holder—

Stage 1 50

Outcome of stage 1 of procurement process if an

affected service contract holder is successful 50

End of stage 1 process—No agreement (and there is

no materially affected service contract holder) 51

End of stage 1 process—No agreement (and there is a

materially affected service contract holder) 52

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Section

Page

Subdivision 3—Stage 2 procurement process (materially

affected service contract holders) 52

30I

30J

30K

Stage 2 procurement process—Only one materially

affected service contract holder 52

Stage 2 procurement process—More than one

materially affected service contract holder 54

Outcome of stage 2 procurement process—More than

one materially affected service contract holder 54

Division 5—Transfer of property used in provision of

regular passenger services 55

30L Definitions 55

30M Property of certain holders of service contracts and

associated operators 58

30N Allocation statement 58

30O Relevant property transferred in accordance with

statement 59

30P Allocation of relevant property subject to

encumbrances 59

30Q Certificate of Director 59

30R Consideration for transferred property 60

30S Former transferor instruments and agreements 60

30T Interests in land 61

30U Amendment of Register 61

30V Proceedings 62

30W Taxes 62

30X Evidence 62

30Y Validity of things done under this Division 62

30Z Corporations Act displacement 64

PART 4—AMENDMENTS TO RAIL SAFETY ACT 2006 65

54 Amendment of definitions 65

55 Rail safety work 69

56 Principle of shared responsibility 69

57 New section 22A inserted 70

22A

Duties of persons providing rail operations by means

of contracted personnel 70

58 Rail operator must consult before establishing safety

management system 71

59 New section 29 substituted 71

29 Safety audits 71

60 New Division heading inserted in Part 4 71

iv


Section

Page

61 New Division 2 inserted in Part 4 72

Division 2—Safety interface agreements 72

34A What is a safety interface agreement? 72

34B Safety interface assessment by rail operator—rail

operations 72

34C Safety interface assessment by rail infrastructure

manager—rail infrastructure and public roadways or

pathways 73

34D Safety interface assessment by rail infrastructure

manager—rail infrastructure and relevant roadways or

pathways 74

34E Safety interface assessment by relevant road manager

of public roadway or pathway 75

34F Safety interface assessment by relevant road manager

of relevant roadway or pathway 76

34G Requirements under sections 34E and 34F not to affect

relevant road manager's functions, obligations or

powers 77

34H Identification and assessment of risks 77

34I Safety interface agreements 78

34J Safety Director may give directions if persons fail to

make safety interface agreements 78

34K Register of safety interface agreements 80

62 Application for variation of accreditation is required in certain

cases 81

63 New sections 54A and 54B inserted 84

54A Where application for variation relates to co-operative

rail operations 84

54B Prescribed conditions and restrictions 84

64 Accreditation exemptions for private siding rail operations 84

65 New section 69A inserted 84

69A Accredited rail operators to provide information 84

66 General regulation making powers 86

67 Expiry of transitional accreditations and post new scheme

accreditations 86

PART 5—AMENDMENTS TO OTHER ACTS 87

Division 1—Marine Act 1988 87

68 Power to prosecute 87

Division 2—Rail Corporations Act 1996 87

69 Clearance of trees etc. 87

70 New section 60A inserted 88

60A Relevant rail operator to whom this section applies

may clear trees without obtaining permit 88

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Section

Page

Division 3—Road Management Act 2004 89

71 Definition 89

Division 4—Road Safety Act 1986 89

72 Definitions 89

73 Power to prosecute 90

74 Service of parking infringement notices 90

Division 5—Terrorism (Community Protection) Act 2003 91

75 New section 27A inserted 91

27A Delegation 91

76 Reference to relevant Minister 92

Division 6—Transport (Taxi-cab Accreditation and Other

Amendments) Act 2006 92

77 Reference to Division 92

78 Definition of taxi-cab network service 92

79 Duration of accreditation 93

80 Conditions and standards affecting accreditation 94

81 Effect of suspension of accreditation 94

82 Regulations 94

83 Effect on taxi-cab licences of certain outcomes 95

Division 7—Amendment to Victims of Crime Assistance Act 1996 96

84 Transport Act entitlement to be taken into account 96

PART 6—EXPIRY OF ACT 97

85 Expiry of Act 97

═══════════════

ENDNOTES 98

vi


Victoria

Transport Legislation Amendment Act

2007

No. 69 of 2007

[Assented to 11 December 2007]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to amend the Transport Act 1983—

(i) to facilitate the use of smartcards for

public transport; and

(ii) to otherwise improve the operation and

enforcement of that Act; and

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s. 2

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 1—Preliminary

(b) to amend the Public Transport

Competition Act 1995—

(i) in relation to regular passenger service

contracts; and

(ii) to otherwise improve the operation of

that Act; and

(c) to amend the Rail Safety Act 2006 to

improve the operation of that Act; and

(d) to make miscellaneous amendments to—

2 Commencement

(i) the Marine Act 1988; and

(ii) the Rail Corporations Act 1996; and

(iii) the Road Management Act 2004; and

(iv) the Road Safety Act 1986; and

(v) the Terrorism (Community

Protection) Act 2003; and

(vi) the Transport (Taxi-cab

Accreditation and Other

Amendments) Act 2006; and

(vii) the Victims of Crime Assistance Act

1996.

(1) This Part, sections 6, 7, 8, 11, 13 to 20, 22 to 32,

34 to 37, 39, 40(1), 40(3), 40(4), 40(6), 54(2), 56,

59 and 67, Part 3 (except section 42) and

Divisions 1, 2, 5 and 6 of Part 5 and Part 6 come

into operation on the day after the day on which

this Act receives the Royal Assent.

(2) Subject to subsection (3), section 9 and Division 7

of Part 5 come into operation on a day to be

proclaimed.

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 1—Preliminary

s. 2

(3) If section 9 and Division 7 of Part 5 do not come

into operation before 1 July 2008, they come into

operation on that day.

(4) Section 38 is deemed to have come into operation

on 7 August 2006.

(5) Sections 40(2) and 42 are deemed to have come

into operation on 1 July 2007.

(6) Section 40(5) is deemed to have come into

operation on 30 March 2007.

(7) Sections 54(1), 58, 60, 61, 64 and 66 and

Division 3 of Part 5 come into operation on 1 July

2010.

(8) Section 55 comes into operation on 1 March 2008.

(9) Sections 62 and 63 come into operation on 1 July

2008.

(10) Subject to subsection (11), Division 4 of Part 5

comes into operation on a day to be proclaimed.

(11) If Division 4 of Part 5 does not come into

operation before 1 July 2008, it comes into

operation on that day.

(12) Subject to subsection (13), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(13) If a provision referred to in subsection (12) does

not come into operation before 1 January 2009, it

comes into operation on that day.

__________________

3


s. 3

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

PART 2—AMENDMENTS TO TRANSPORT ACT 1983

Division 1—Smartcards

See:

Act No.

9921.

Reprint No. 12

as at

1 January

2007

and

amending

Act Nos

95/2005,

97/2005,

9/2006,

47/2006,

48/2006,

71/2006,

85/2006,

28/2007 and

30/2007.

LawToday:

www.

legislation.

vic.gov.au

3 Definitions for Part VII

In section 208 of the Transport Act 1983 insert

the following definitions—

"hand held reader means a portable device or

combination of portable devices capable of

copying or transferring information from a

smartcard and displaying and recording that

information;

prescribed device means—

(a) a smartcard; or

(b) a hand held reader of a prescribed kind;

or

(c) any other device prescribed by the

regulations for the purposes of sections

230AB, 230AD and 230AE;

smartcard means a plastic card or other thing

that—

(a) contains an imbedded computer

microchip capable of receiving, storing,

processing and transferring

information; and

(b) may lawfully be used for the purpose of

obtaining or proving an entitlement to

use a public transport service;".

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 4

4 General evidentiary provision

After section 230(6) of the Transport Act 1983

insert—

"(7) A certificate purporting to be issued by—

(a) the Public Transport Ticketing Body; or

(b) the Chief Executive Officer of that

Body; or

(c) an officer, employee or agent of that

Body authorised for that purpose by the

Chief Executive Officer of that Body—

certifying as to any matter relating to a

smartcard issued by or on behalf of that

Body that appears in or can be calculated

from the records kept by that Body is

admissible in evidence in any proceedings

(other than proceedings for a ticket offence)

and, in the absence of evidence to the

contrary, is proof of that matter.".

5 New sections 230AB to 230AH inserted

After section 230A of the Transport Act 1983

insert—

"230AB Evidentiary provision—smartcards

(1) If a fact relating to a smartcard is relevant in

proceedings relating to a ticket offence,

evidence of that fact as indicated or

determined by a prescribed device that was

used in the prescribed manner (if any) or by

a printed document that was produced by a

prescribed process is admissible in evidence

in those proceedings.

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s. 5

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

(2) For the purposes of this section, a fact relates

to a smartcard if it relates to—

(a) the smartcard itself, including its type,

identifying numbers and manner of

acquisition; or

(b) the holder of the smartcard; or

(c) the existence, or possible existence, of

an entitlement to use a public transport

service; or

(d) the use of the smartcard.

230AC Certificate of authorised officer who

operated hand held reader

(1) A certificate purporting to be issued by an

authorised officer who used a hand held

reader to copy or transfer information from a

smartcard produced to the authorised officer

for inspection certifying as to the

information copied or transferred from the

smartcard in relation to all or any of the

following matters—

(a) the card number;

(b) the card type;

(c) the name of the card holder (if

applicable);

(d) the use of the card;

(e) the entitlement to use a public transport

service—

is admissible in evidence in any proceedings

relating to a ticket offence.

(2) Subject to section 230AF, if a certificate is

issued under subsection (1) in respect of a

smartcard, it is presumed for the purposes of

any proceedings relating to a ticket offence

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 5

that the smartcard had accurately recorded

and discharged the information copied or

transferred from it by the hand held reader.

230AD Certificate in respect of prescribed devices

and processes

A certificate purporting to be issued by a

person authorised by the Public Transport

Ticketing Body or the Chief Executive

Officer of that Body certifying that—

(a) at all relevant times the prescribed

devices specified in the certificate had

operated correctly and had indicated or

determined the facts (if any) stated in

the certificate; or

(b) at all relevant times, the printed

documents specified in the certificate

had been produced by a prescribed

process—

is admissible in evidence in any proceedings

relating to a ticket offence.

230AE Notice by informant

(1) If the informant in proceedings relating to a

ticket offence serves on the defendant, by the

required time, a copy of a certificate referred

to in section 230AC, the certificate is

conclusive proof of—

(a) the facts and matters stated in that

certificate; and

(b) the fact that the hand held reader used

was a prescribed device; and

(c) the fact that the hand held reader was

used in the prescribed manner (if any);

and

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

(d) the fact that the hand held reader had

operated correctly.

(2) If the informant in proceedings relating to a

ticket offence serves on the defendant, within

the required time, a notice setting out the

presumptions set out in section 230AC(2),

the facts that are the subject of the

presumptions are to be taken to have been

conclusively proved.

(3) If the informant in proceedings relating to a

ticket offence serves on the defendant, within

the required time, copy of a certificate

referred to in section 230AD, the certificate

is conclusive proof—

(a) that the person giving the certificate

was authorised to do so; and

(b) in the case of a certificate under section

230AD(a) of—

(i) the fact that at all relevant times

the prescribed devices specified in

the certificate had operated

correctly; and

(ii) the facts (if any) stated in the

certificate as indicated or

determined by the prescribed

devices; and

(c) in the case of a certificate under section

230AD(b) of—

(i) the fact that at all relevant times

the printed documents specified in

the certificate had been produced

by a prescribed process; and

(ii) the facts indicated or determined

by the printed documents.

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 5

(4) This section is subject to section 230AF.

(5) In this section required time means no less

than 56 days before the hearing for the

relevant ticket offence.

230AF Notice by defendant

(1) The defendant in any proceedings relating to

a ticket offence may give notice in writing to

the informant not less than 28 days before

the hearing, or any shorter period ordered by

the court or agreed to by the informant,

that—

(a) he or she requires the person giving a

certificate referred to in section 230AD

to be called as a witness; or

(b) he or she intends to adduce evidence in

rebuttal of any fact or matter—

(i) stated in a certificate referred to in

section 230AC or 230AD; or

(ii) referred to in section 230AE(1) or

230AE(3); or

(c) he or she intends to adduce evidence in

rebuttal of any fact that is the subject of

a presumption set out in section

230AC(2).

(2) A notice under subsection (1) must specify

any fact or matter with which issue is taken

and indicate the nature of any expert

evidence that the defendant intends to have

adduced at the hearing.

(3) The defendant may not, except with the

leave of the court, introduce expert evidence

at the hearing if the nature of that evidence

was not indicated in a notice under

subsection (1).

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s. 5

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

(4) Subject to subsection (7), if a defendant

gives a notice to the informant in accordance

with subsection (1)(a), the certificate remains

admissible as evidence of the facts or matters

contained in the certificate or referred to in

section 230AE(3) but ceases to be conclusive

proof of those facts or matters.

(5) Despite any order under subsection (7), if a

defendant gives a notice to the informant

under subsection (1)(b) in relation to a fact

or matter contained in a certificate or

referred to in section 230AE(1) or 230AE(3),

the certificate—

(a) remains admissible as evidence of that

fact or matter but ceases to be

conclusive proof of that fact or matter;

and

(b) remains admissible as conclusive proof

of the facts or matters contained in the

certificate or referred to in section

230AE(1) or 230AE(3) that are not

specified in the notice.

(6) If a defendant gives notice to the informant

under subsection (1)(c) in relation to a fact

set out in section 230AC(2), that fact ceases

to be presumed and ceases to be taken to be

conclusively proved but the certificate if

admitted in evidence is deemed to be

evidence of that fact.

(7) If a defendant gives notice to the informant

in accordance with subsection (1)(a) that he

or she requires the person giving a certificate

referred to in section 230AD to be called as a

witness and the court is satisfied that that

person—

(a) is dead; or

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 5

(b) is unfit by reason of his or her bodily or

mental condition to testify as a witness;

or

(c) has ceased to be a person authorised by

the Public Transport Ticketing Body or

the Chief Executive Officer of that

Body or is out of Victoria and it is not

reasonably practicable to secure his or

her attendance; or

(d) cannot with reasonable diligence be

found—

the court must order that section 230AE has

effect as if the notice had not been given.

230AG Informant may adduce evidence in

relation to ticket offence

(1) Nothing in section 230AE prevents the

informant adducing evidence to explain any

fact or matter contained in a certificate

referred to in that section.

(2) If an informant adduces evidence as

provided in subsection (1), the certificate

remains admissible in evidence but ceases to

be conclusive proof of that fact or matter

only.

230AH Regulations

(1) The Governor in Council may make

regulations for or with respect to—

(a) prescribing devices for the purposes of

sections 230AB, 230AD and 230AE

and the manner of using (including

testing) those devices; and

(b) the processes for loading information

onto a prescribed device, copying or

transferring information between

prescribed devices, storing of

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s. 5

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

information by a prescribed device and

producing a printed record of

information stored by a prescribed

device; and

(c) generally prescribing any other matter

or thing required or permitted by this

Division to be prescribed or necessary

to be prescribed to give effect to this

Division.

(2) The regulations—

(a) may be of general or of specially

limited application; and

(b) may differ according to differences in

time, place or circumstance; and

(c) may require a matter affected by the

regulations to be—

(i) in accordance with a specified

standard or specified requirement;

or

(ii) approved by or to the satisfaction

of a specified person or a specified

class of person; or

(iii) as specified in both subparagraphs

(i) and (ii); and

(d) may apply, adopt or incorporate any

matter contained in any document

whether—

(i) wholly or partially or as amended

by the regulations; or

(ii) as in force at a particular time or

as in force from time to time; and

(e) may confer a discretionary authority or

impose a duty on a specified person or

a specified class of person.".

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 6

Division 2—Other amendments

6 Definitions

In section 2(1) of the Transport Act 1983 insert

the following definitions—

"entitlement to use a public transport service

includes an entitlement to use a public

transport service arising under a contract or

arrangement with, or under a licence or

permission given by, the Public Transport

Ticketing Body or a bus company or

passenger transport company;

Public Transport Ticketing Body means—

(a) the State body established for the

purposes of the State Owned

Enterprises Act 1992 by Order in

Council made on 17 June 2003 and

published in Special Government

Gazette S119 on 17 June 2003; or

(b) if the State body referred to in

paragraph (a) is declared to be a State

business corporation (by whatever

name called) under the State Owned

Enterprises Act 1992, that State

business corporation;".

7 Director of Public Transport—Functions and

powers

(1) In section 9(7) of the Transport Act 1983, before

"power of the Director" insert "function or".

(2) In section 9AA of the Transport Act 1983, for

"9(4)" substitute "9(4)(b) or 9(4)(ba)".

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s. 8

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

8 Safety Director—Functions and powers

(1) In section 9T(1)(b)(iii) of the Transport Act

1983, for "that the Minister may make" substitute

"made".

(2) In section 9Y of the Transport Act 1983 after

"her" (where first occurring) insert "functions or".

9 New section 12 inserted

After section 11 of the Transport Act 1983

insert—

"12 Financial assistance to train drivers

following fatal incidents

(1) The Director of Public Transport must grant

to a train driver engaged by a train operator

an amount of financial assistance equal to the

prescribed amount if the Director is satisfied

that the train driver is eligible under this

section to be awarded that amount.

(2) A train driver is eligible under this section to

be awarded financial assistance if—

(a) the train driver was driving a train that

was involved in an incident in which

one or more persons died either by

being struck by the train or by being in

a vehicle struck by a train; and

(b) the incident occurred on or after the

commencement of section 9 of the

Transport Legislation Amendment

Act 2007.

(3) A train driver is not eligible for financial

assistance under this section if the train

driver was convicted or found guilty of an

offence under Part 6 of the Rail Safety Act

2006 involving alcohol or drugs in relation

to the incident.

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 10

(4) The financial assistance granted under this

section must be paid out of the Public

Transport Fund as a lump sum.

(5) Despite anything to the contrary in the

Accident Compensation Act 1985 or the

Transport Accident Act 1986, a grant of

financial assistance under this section is not

to be taken into account in determining any

amount of compensation, assistance or

payment of any kind that the train driver is

entitled to receive under either of those Acts.

Note

The financial assistance that a train driver has been

awarded or is eligible to be awarded under this section

is to be taken into account to reduce the amount of

financial assistance awarded to the train driver under

the Victims of Crime Assistance Act 1996. See

section 16(ac) of that Act.

(6) In this section the prescribed amount of

financial assistance is $1300 or any higher

amount that is prescribed as the maximum

amount for the purposes of section 8A of the

Victims of Crime Assistance Act 1996 in

relation to a category C act of violence.".

10 New section 158A substituted

For section 158A of the Transport Act 1983

substitute—

"158A Touting

(1) A person who at a specified place—

(a) touts for the business of the hire of a

motor vehicle; or

(b) makes an offer to hire a motor vehicle;

or

(c) solicits custom for the hire of a motor

vehicle; or

15


s. 10

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

(d) induces a person to hire a motor

vehicle—

by personally approaching a person on his or

her own behalf or on behalf of another

person or by displaying advertising material

on or about his or her person is guilty of an

offence.

(2) A person who at a place other than a

specified place—

(a) touts for the business of the hire of a

motor vehicle; or

(b) makes an offer to hire a motor vehicle;

or

(c) solicits custom for the hire of a motor

vehicle; or

(d) induces a person to hire a motor

vehicle—

by personally approaching a person on his or

her own behalf or on behalf of another

person or by displaying advertising material

on or about his or her person is guilty of an

offence.

(3) A person who is guilty of an offence under

this section is liable to a penalty not

exceeding 50 penalty units.

(4) A person is not guilty of an offence under

subsection (2) if—

(a) the motor vehicle is a licensed

commercial passenger vehicle; and

(b) the conduct set out in subsection (2) is

not in breach of the conditions of the

licence or the regulations.

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 11

(5) The Director of Public Transport may by

notice published in the Government Gazette

specify places for the purposes of this

section.

(6) In this section—

advertising material does not include an

insignia or business name when it

forms part of a uniform;

hire, in relation to a motor vehicle, means

the hire of that vehicle together with the

provision of a driver.".

11 Security cameras and the privacy of passengers

In sections 158B(1) and 158B(2) of the

Transport Act 1983, after "regulations"

(wherever occurring) insert "(if any)".

12 Regulations relating to taxi-cab equipment

After section 162(1)(bb) of the Transport Act

1983 insert—

"(bc) information derived from or contained in

equipment permitted by or under the

regulations to be used in or on a taxi-cab,

including—

(i) the keeping of the information; and

(ii) the provision of the information to the

licensing authority; and

(iii) the inspection or auditing of the

information by or on behalf of the

licensing authority;".

17


s. 13

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

13 Imposition of conditions of accreditation

After section 169A(3) of the Transport Act 1983

insert—

"(4) The Director must give the person to whom a

driver accreditation is issued, or whose

driver accreditation is renewed, a written

copy of any conditions the Director imposes

on the relevant driver accreditation.".

14 Disqualification by Director from ability to apply

for accreditation

(1) In section 169C(3)(b) of the Transport Act 1983,

for "category 1 offence" substitute "category 2

offence or category 3 offence".

(2) Sections 169C(5)(c) and 169C(5)(d) of the

Transport Act 1983 are repealed.

15 Certificate of accreditation

(1) In section 169D(b)(ii) of the Transport Act 1983,

for "drive; and" substitute "drive.".

(2) Section 169D(b)(iii) of the Transport Act 1983 is

repealed.

16 New sections 169EA to 169EC inserted

After section 169E of the Transport Act 1983

insert—

"169EA Mandatory suspension in certain

circumstances

(1) This section applies if the holder of a driver

accreditation has his or her driver licence or

probationary licence under the Road Safety

Act 1986 suspended or cancelled under that

Act.

18


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 16

(2) The Director must suspend that person's

driver accreditation.

(3) A suspension under this section of a driver

accreditation remains in force until the

Director reinstates the accreditation of the

person in accordance with section 169EB.

169EB Reinstatement of driver accreditation in

certain circumstances where it has been

suspended

The Director must reinstate the accreditation

of a person suspended in accordance with

section 169EA if—

(a) the person gives evidence, to the

satisfaction of the Director, that—

(i) the suspension of the person's

driver licence or probationary

licence under the Road Safety

Act 1986 has ceased; or

(ii) the person has been granted a

driver licence or probationary

licence under the Road Safety

Act 1986; and

(b) there are no grounds for the Director to

consider taking action under section

169I(1).

169EC Person whose driver licence or

probationary licence is suspended or

cancelled must notify the Director

The holder of a driver accreditation, whose

driver licence or probationary licence under

the Road Safety Act 1986 is suspended or

cancelled under that Act, must, within 7 days

of that suspension or cancellation—

19


s. 17

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

(a) notify the Director of that suspension or

cancellation; and

(b) return to the Director his or her

certificate of accreditation.

Penalty: 5 penalty units.".

17 Review of decision by VCAT

(1) In section 169O(1)(c) of the Transport Act 1983,

for "Division." substitute "Division; or".

(2) After section 169O(1)(c) of the Transport Act

1983 insert—

"(d) a determination of the Director to disqualify

the person from applying for the issue of an

accreditation under this Division (where the

person's application for the issue or renewal

of that accreditation is refused); or

(e) a decision of the Director not to, or a failure

by the Director to, under section 169EB

reinstate the accreditation of a person

suspended in accordance with

section 169EA.".

18 New section 169R substituted

For section 169R of the Transport Act 1983

substitute—

"169R Offence not to notify change of address

and give driver accreditation

The holder of a driver accreditation must,

within 7 days of changing his or her

residential address—

(a) notify the Director of the change of

residential address; and

20


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 19

(b) return to the Director his or her

certificate of accreditation.

Penalty: 5 penalty units.".

19 Notification of suspension or cancellation of

accreditation

(1) In section 169S of the Transport Act 1983—

(a) for "person who holds a licence or

accreditation to operate a vehicle as a

commercial passenger vehicle under

Division 5," substitute "relevant operator";

and

(b) for "holder of the licence or accreditation"

substitute "relevant operator".

(2) At the end of section 169S of the Transport Act

1983 insert—

"(2) In this section—

relevant operator means a person who—

(a) is the operator of a taxi-cab; or

(b) holds a licence granted under

Division 5 in respect of a

commercial passenger vehicle

(other than a taxi-cab); or

(c) is an accredited person.

Note

Accredited person is defined in the

Public Transport Competition Act

1995. See also section 3(3) of that Act.".

21


s. 20

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

20 New section 169WA inserted

After section 169W of the Transport Act 1983

insert—

"169WA Operator must not permit non-accredited

driver to drive commercial passenger

vehicle etc.

(1) In this section—

relevant operator means a person who—

(a) is an operator of a taxi-cab; or

(b) holds a licence granted under

Division 5 in respect of a

commercial passenger vehicle

(other than a taxi-cab); or

(c) is an accredited person.

Note

Accredited person is defined in the

Public Transport Competition Act

1995. See also section 3(3) of that Act.

(2) A relevant operator must not permit a person

who is not a holder of a driver accreditation

(the second person) to drive—

(a) a commercial passenger vehicle

operated by the relevant operator; or

(b) a vehicle being used by the relevant

operator for the operation of a private

bus service.

Penalty: 10 penalty units.

(3) A relevant operator is not guilty of an

offence under subsection (2) if the operator

believed, after making all reasonable

enquiries, that the second person was the

holder of a driver accreditation.".

22


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 21

21 New section 169WB inserted

After section 169WA of the Transport Act 1983

insert—

"169WB Holder of accreditation must not permit

non-accredited driver to drive commercial

passenger vehicle etc.

(1) The holder of a driver accreditation must not

permit a person who is not a holder of a

driver accreditation (the second person) to

drive—

(a) a commercial passenger vehicle; or

(b) a vehicle being used for the operation

of a private bus service.

Penalty: 10 penalty units.

(2) A holder of a driver accreditation is not

guilty of an offence under subsection (1) if

the holder believed, after making all

reasonable enquiries, that the second person

was the holder of a driver accreditation.".

22 Director may determine conditions

After section 220D(1) of the Transport Act 1983

insert—

"(1A) A condition determined under subsection (1)

may apply, adopt or incorporate any matter

contained in any document whether—

(a) wholly or partially or as amended by

the condition; or

(b) as in force at a particular time or as in

force from time to time.".

23


s. 23

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

23 New section 220DA inserted

After section 220D of the Transport Act 1983

insert—

"220DA Conditions relating to overseas student

travel

(1) The conditions determined under section

220D(1) may include a condition providing

that overseas students or specified classes of

overseas students are not eligible for student

concessions to use a public transport service.

(2) If the conditions under section 220D include

a condition of a kind referred to in

subsection (1), overseas students or overseas

students of a class specified in the condition

are not entitled to student concessions to use

a public transport service to which the

condition applies.

(3) The determination or publication by the

Director under section 220D of, or

compliance by a person with, a condition of

a kind referred to in subsection (1) does not

constitute discrimination on the basis of race

for the purposes of the Equal Opportunity

Act 1995.

(4) For the avoidance of doubt it is declared

that—

(a) the determination or publication by the

Director under section 220D of, or the

compliance by a person with, any

condition determined under section

220D before the commencement day;

or

(b) the approval by the Secretary or

Director of the determination of, or the

determination or publication by a

passenger transport company or a bus

24


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 23

company of, or the compliance by any

person with, any condition determined

under section 221(1A) before its

repeal—

that provided that overseas students or

overseas students of a class specified in the

condition were not eligible for student

concessions to use a public transport service

is to be taken—

(c) never to have constituted discrimination

on the basis of race for the purposes

only of the Equal Opportunity Act

1995; and

(d) to be and always to have been conduct

that was authorised.

(5) Subsection (4) does not apply to affect—

(a) any decision in respect of, or any

proceeding arising from, Complaint No.

3064890 before the Victorian Human

Rights and Equal Opportunity

Commission to the extent only that that

complaint or proceeding applies to the

individual named in the complaint, as at

23 March 2007, as the person on whose

behalf the complaint was lodged; or

(b) any proceeding that was completed or

in which judgment was given before the

commencement day.

(6) In this section—

commencement day means the date of

commencement of section 23 of the

Transport Legislation Amendment

Act 2007;

25


s. 24

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

overseas student means a person holding a

visa under the Migration Act 1958 of

the Commonwealth which allows the

person, whether expressly or otherwise,

to study in Victoria but does not

include a person who is—

(a) an Australian citizen; or

(b) a permanent resident of Australia;

or

(c) a student with refugee status; or

(d) an overseas exchange student; or

(e) in receipt of an Australian

Development Scholarship from

the Commonwealth

Government.".

24 New section 222B inserted

Before section 223 of the Transport Act 1983

insert—

"222B Interference with prescribed equipment

(1) A person must not—

(a) move or attempt to move; or

(b) interfere with or attempt to interfere

with; or

(c) tamper or attempt to tamper with—

any prescribed equipment or equipment in a

prescribed class of equipment owned by the

Public Transport Ticketing Body or operated

by or on behalf of the Public Transport

Ticketing Body.

Penalty: 20 penalty units.

26


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 25

(2) Subsection (1) does not apply to anything

done by any person acting on behalf of, or

with the permission of, the Public Transport

Ticketing Body.".

25 No requirement for photograph of officer on

identity cards in certain cases

(1) In section 228U(2) of the Transport Act 1983—

(a) in paragraph (a), omit "and a photograph";

(b) in paragraph (b), for "this Division."

substitute "section 228T; and";

(c) after paragraph (b) insert—

"(c) subject to subsection (3), contain a

photograph of the transport safety

officer appointed under section 228T.".

(2) After section 228U(2) of the Transport Act 1983

insert—

"(3) An identity card need not contain a

photograph of the transport safety officer if

the officer being issued with the identity card

has been appointed under section 228T to

only exercise powers under Part 6 of the Rail

Safety Act 2006.".

26 Forfeiture

In section 228ZV(2)(c) of the Transport Act

1983 omit "under an order".

27 New section 228ZX inserted

For section 228ZX of the Transport Act 1983

substitute—

"228ZX Forfeiture of seized thing

(1) Any thing that a transport safety officer has

seized and retained under this Division is

forfeited to the State if the transport safety

officer—

27


s. 28

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

(a) cannot find the thing's owner despite

making reasonable enquiries; or

(b) cannot return the thing to the owner

despite making reasonable efforts; or

(c) considers it necessary to retain the thing

to prevent the commission of an

offence against a relevant transport

safety law.

(2) If a thing is forfeited to the State under

subsection (1)(c), the transport safety officer

must notify (in writing) the owner

accordingly, setting out how the owner may

seek review of the decision to forfeit the

thing, unless the transport safety officer

cannot find the owner despite making

reasonable enquiries.".

28 Compensation for damage caused during exercise of

powers under Division 4B of Part VII

In section 228ZZB(2)(b) of the Transport Act

1983 for "in searching for" substitute

"in inspecting, or searching for,".

29 Improvement notices

In section 228ZZC(6) of the Transport Act 1983

for "has certified in writing that the contravention,

likely contravention, matters or activities have

been remedied" substitute "serves a clearance

certificate under section 228ZZH".

28


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 30

30 New section 228ZZH substituted

For section 228ZZH of the Transport Act 1983

substitute—

"228ZZH Clearance certificates for improvement

notices

(1) This section applies if the Safety Director or

a transport safety officer is satisfied that a

relevant person served with an improvement

notice has complied with all the

requirements of, or a requirement of, that

notice.

(2) The Safety Director or a transport safety

officer must serve a clearance certificate on

the relevant person to the effect that (as the

case requires)—

(a) all of the requirements of the

improvement notice have been

complied with; or

(b) the specific requirement of the

improvement notice has been complied

with.

(3) The clearance certificate must be served as

soon as practicable after the Safety Director

or a transport safety officer is so satisfied.

(4) A requirement of the improvement notice to

which the clearance certificate relates ceases

to be operative on receipt by the relevant

person of that certificate.".

31 Proceedings for offences not affected by

improvement notices

(1) In the heading to section 228ZZI of the

Transport Act 1983 after "notices" insert

"or clearance certificates".

29


s. 32

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

(2) At the end of section 228ZZI of the Transport

Act 1983 insert—

"(2) The issue of a clearance certificate under

section 228ZZH in respect of an

improvement notice does not affect any

proceedings for an offence against a relevant

transport safety law in connection with any

matter in respect of which the improvement

notice was served.".

32 Prohibition notice

In section 228ZZJ(2) of the Transport Act 1983

for "has certified in writing that the matters that

give or will give rise to the risk have been

remedied" substitute "serves a certificate under

section 228ZZN".

33 New section 228ZZKA inserted

After section 228ZZK of the Transport Act 1983

insert—

"228ZZKA Oral direction before prohibition notice

served

(1) This section applies if the Safety Director or

a transport safety officer—

(a) believes on reasonable grounds that an

activity referred to in section

228ZZJ(1) is occurring or may occur;

and

(b) considers that it is not possible or

reasonable to immediately serve a

prohibition notice under that section.

(2) The Safety Director or transport safety

officer may give an oral direction to a person

who has or appears to have control over the

activity to do or not to do a stated act by

telling the person—

30


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 33

(a) to do or not to do the stated act; and

(b) the reason for the Safety Director or

transport safety officer giving the

direction.

(3) A person to whom a direction is given under

subsection (2) must comply with the

direction unless the person has a reasonable

excuse.

Penalty: In the case of a natural person,

500 penalty units;

In the case of a body corporate,

2500 penalty units.

(4) It is a reasonable excuse if the Safety

Director or transport safety officer did not

tell the person that the person commits an

offence if the person does not comply with

the direction.

(5) If the Safety Director or transport safety

officer gives a direction under subsection (2)

in respect of an activity but does not, within

5 days after giving the direction, serve a

prohibition notice in respect of the activity,

the direction ceases to have effect.

(6) An offence against subsection (3) is an

indictable offence.

Note

However, the offence may be heard and determined

summarily (see section 53 of, and Schedule 4 to, the

Magistrates' Court Act 1989).".

31


s. 34

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

34 New section 228ZZN substituted

For section 228ZZN of the Transport Act 1983

substitute—

"228ZZN Certificates that matters that give rise to

immediate risks to safety remedied

(1) This section applies if the Safety Director or

a transport safety officer is satisfied that a

relevant person served with a prohibition

notice has remedied all of the matters or a

matter—

(a) that gave, or will give, rise to an

immediate risk to the safety of a person

or rail operations because of the

carrying out of the activity; and

(b) specified in the prohibition notice.

(2) The Safety Director or a transport safety

officer must serve a certificate on the

relevant person to the effect that (as the case

requires)—

(a) all of the matters or the matter that gave

rise to an immediate risk to the safety

of a person or rail operations because of

the activity specified in the prohibition

notice have been remedied; or

(b) all of the matters or the matter that

could have given rise to an immediate

risk to the safety of a person or rail

operations because of the activity

specified in the prohibition notice have

been remedied.

(3) The certificate must be served as soon as

practicable after the Safety Director or

transport safety officer is so satisfied.

32


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 35

(4) A matter raised in the prohibition notice that

has been remedied to the satisfaction of the

Safety Director or transport safety officer,

and to which the certificate relates, ceases to

be operative on receipt by the relevant

person of that certificate.".

35 Proceedings for offences not affected by prohibition

notices

(1) In the heading to section 228ZZO of the

Transport Act 1983 after "notices" insert

"or certificates issued under section 228ZZN".

(2) In section 228ZZO of the Transport Act 1983

after "service" insert ", amendment or

withdrawal".

(3) At the end of section 228ZZO of the Transport

Act 1983 insert—

"(2) The issue of a certificate under section

228ZZN in respect of a prohibition notice

does not affect any proceedings for an

offence against a relevant transport safety

law in connection with any matter in respect

of which the prohibition notice was served.".

36 Reviewable decisions

(1) In section 228ZZQ(1)(a) of the Transport Act

1983, after "Subdivisions" insert "7,".

(2) In the Table in section 228ZZQ of the Transport

Act 1983, before item 1 insert the following

item—

"1AA

Section 228ZX

(forfeiture of seized

things)

The owner of the thing

forfeited.".

33


s. 37

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

37 New sections 230DA to 23DC inserted

After section 230D of the Transport Act 1983

insert—

"230DA Exclusion orders

(1) A court that finds a person guilty of an

offence against a relevant transport safety

law may, on the application of the prosecutor

or the Safety Director, if the court considers

the person to be a systematic or persistent

offender against the relevant transport safety

laws, make an order under this section.

(2) For the purpose of restricting opportunities

for the person to commit or be involved in

the commission of further offences against

relevant transport safety laws, the court may,

if it considers it appropriate to do so, make

an exclusion order prohibiting the person, for

a specified period, from—

(a) managing rail infrastructure, or

operating rolling stock, or managing or

operating a particular type of rail

infrastructure or rolling stock; or

(b) being a director, secretary or officer

concerned in the management of a body

corporate involved in managing rail

infrastructure that is in the State or

operating rolling stock in the State; or

(c) being involved in managing rail

infrastructure that is in the State or

operating rolling stock in the State

except by driving a train or rolling

stock.

34


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 37

(3) The court may only make an order under this

section if it is satisfied that the person should

not continue the things the subject of the

proposed order and that a supervisory

intervention order under section 230C is not

appropriate, having regard to—

(a) the offences against a relevant transport

safety law of which the person has

previously been found guilty; and

(b) any other offences or other matters that

the court considers to be relevant to the

conduct of the person in connection

with rail operations.

(4) A court that has power to make an exclusion

order may revoke or amend the exclusion

order on the application of—

(a) the Safety Director; or

(b) the person in respect of whom the order

was made, but in that case only if the

court is satisfied that there has been a

change of circumstances warranting the

revocation or amendment.

230DB Corporations Act displacement

Section 230DA is declared to be a

Corporations legislation displacement

provision for the purposes of section 5G of

the Corporations Act in relation to the

provisions of Chapter 2D of that Act.

Note

Section 5G of the Corporations Act provides that if a State

law declares a provision of a State law to be a Corporations

legislation displacement provision, any provision of the

Corporations legislation with which the State provision

would otherwise be inconsistent does not apply to the extent

necessary to avoid the inconsistency.

35


s. 38

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

230DC Contravention of exclusion order

A person who is subject to an exclusion

order must not engage in conduct that results

in a contravention of the order.

Penalty: In the case of a natural person,

120 penalty units;

In the case of a body corporate,

600 penalty units.".

38 Saving of delegations

After section 271(1) of the Transport Act 1983

insert—

"(1A) An instrument of delegation made by the

Secretary under section 32(1A) and in force

immediately before the commencement of

section 31(1) of the Transport Legislation

(Further Amendment) Act 2006 is on that

commencement deemed to be an instrument

of delegation made by the Director under

section 9(7) to the extent that a power

delegated under that instrument is a power

under a relevant section or a power conferred

on a licensing authority by or under this

Act.".

39 Transitional provisions—taxi-cab accreditation

(1) In section 272(1) of the Transport Act 1983 for

"12 months" substitute "2 years".

(2) After section 272(2) of the Transport Act 1983

insert—

"(2A) If—

(a) an application for the grant of a taxicab

licence under section 143 or 143A;

or

36


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 39

(b) an application under section 149 for

authority to transfer a taxi-cab licence;

or

(c) an application under section 150 for

authority to assign the right to operate a

vehicle under a taxi-cab licence—

is made but not determined before the

commencement of Part 2 of the Transport

(Taxi-cab Accreditation and Other

Amendments) Act 2006, the application

must be considered and determined in

accordance with this Act as in force

immediately before that commencement.

(2B) Subject to this section, a person who holds a

taxi-cab licence—

(a) that was granted to the person in

response to an application to which

subsection (2A)(a) applies; or

(b) that was transferred to the person in

response to an application to which

subsection (2A)(b) applies—

is deemed for the period commencing on the

date of the grant or transfer of the taxi-cab

licence (as the case requires) and ending

2 years after the commencement of Part 2 of

the Transport (Taxi-cab Accreditation and

Other Amendments) Act 2006 to be

accredited under Division 4 of Part VI as a

taxi-cab licence holder.

(2C) Subject to this section, a person to whom the

right to operate a vehicle under a taxi-cab

licence is assigned under an assignment for

which an authority was given in response to

an application to which subsection (2A)(c)

applies is deemed for the period

commencing on the date that the authority

37


s. 39

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

was given and ending 2 years after the

commencement of Part 2 of the Transport

(Taxi-cab Accreditation and Other

Amendments) Act 2006 to be accredited

under Division 4 of Part VI as a taxi-cab

operator.

(2D) Subject to this section, if, before a taxi-cab

licence is granted or transferred to a person

in response to an application to which

subsection (2A)(a) or (2A)(b) applies, the

licensing authority determines on reasonable

grounds that the person does not intend to

assign the right to operate a vehicle under the

licence to another person—

(a) the licensing authority may determine

that the person is to be accredited as a

taxi-cab operator; and

(b) if a determination under paragraph (a)

is made and notified in writing to the

person, the person is deemed for the

period commencing on the date that the

licence was granted or transferred and

ending 2 years after the commencement

of Part 2 of the Transport (Taxi-cab

Accreditation and Other

Amendments) Act 2006 to be

accredited under Division 4 of Part VI

as a taxi-cab operator.".

(3) In sections 272(3) and 272(4) of the Transport

Act 1983 for "subsection (1) or (2)" substitute

"subsection (1), (2), (2B), (2C) or (2D)".

38


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 2—Amendments to Transport Act 1983

s. 40

40 Statute law revision

(1) In section 32(1)(b) of the Transport Act 1983,

for "sections 82 and" substitute "section".

(2) In section 86(1) of the Transport Act 1983, in the

definition of driver accreditation, for "165"

substitute "166".

(3) In section 221S(1) of the Transport Act 1983, for

"221C(2)(a)" substitute "221C(1)(a)".

(4) In section 223 of the Transport Act 1983, for

"owed" substitute "owned".

(5) In section 228H of the Transport Act 1983—

(a) in subsection (4)—

(i) for "(3) must" substitute "(2) must";

(ii) for "(5)" substitute "(3)";

(b) in subsection (5)(a), for "(3)" substitute

"(1)".

(6) In section 228ZZJ(2) (where twice occurring),

228ZZJ(6) and 228ZZL(4) of the Transport Act

1983, for "carrying on" substitute "carrying out".

__________________

39


s. 41

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 3—Amendments to Public Transport Competition Act 1995

PART 3—AMENDMENTS TO PUBLIC TRANSPORT

COMPETITION ACT 1995

See:

Act No.

68/1995.

Reprint No. 2

as at

17 June 2004

and

amending

Act Nos

95/2005,

9/2006 and

47/2006.

LawToday:

www.

legislation.

vic.gov.au

41 New definition of motor vehicle inserted and

definition of bus amended

(1) In section 3(1) of the Public Transport

Competition Act 1995 insert the following

definition—

"motor vehicle means a motor vehicle within the

meaning of the Road Safety Act 1986 and

includes a trailer attached to the motor

vehicle;".

(2) In section 3(1) of the Public Transport

Competition Act 1995, in the definition of bus,

after "means a" insert "motor".

42 Conditions of accreditation

In section 10(1)(a) of the Public Transport

Competition Act 1995, for "driver's certificate

granted under section 156(2) of the Transport

Act 1983 will be employed or engaged as a driver

of" substitute "driver accreditation (within the

meaning of section 86(1) of the Transport Act

1983) will be permitted to drive".

43 New Division 1 heading inserted into Part 3

Before section 25 of the Public Transport

Competition Act 1995 insert—

"Division 1—Service contract requirement for

regular passenger services".

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44 Associate (sub-contracted) operators

After section 25(2) of the Public Transport

Competition Act 1995 insert—

"(3) Subsection (1) or (2) does not apply if the

person operates a regular passenger service

within (or partly within) the State—

(a) under a subcontract or other

arrangement with the holder of a

service contract (the primary service

contract); and

(b) the subcontract or other arrangement is

authorised or otherwise permitted under

the primary service contract.".

45 New Division 2 heading inserted into Part 3

After section 25 of the Public Transport

Competition Act 1995 insert—

"Division 2—Service contracts".

46 Interested persons

For section 26(4) of the Public Transport

Competition Act 1995 substitute—

"(4) In awarding a service contract the Director

may apply any principles determined by him

or her for the purpose of awarding service

contracts.

(4A) The Director must give a copy of the

principles referred to in subsection (4) to—

(a) a person whom the Director invites to

tender for a service contract;

(b) a person who tenders for a service

contract;

(c) a person who applies to the Director for

the granting of a service contract;

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(d) a person who requests, in writing, a

copy of the principles.".

47 Service contracts may also provide for penalties for

breaches of performance requirements

For section 27(3)(b) of the Public Transport

Competition Act 1995 substitute—

"(b) monetary or other penalties—

(i) for a breach of contract;

(ii) for a failure (not being a breach of

contract) to meet a performance

requirement specified in the contract;

(iii) payable on the termination of the

contract;

(ba) the recovery of monetary and other penalties

referred to in paragraph (b) in accordance

with the contract or this Act;".

48 New section 27A inserted

After section 27 of the Public Transport

Competition Act 1995 insert—

"27A Civil penalty provisions in operative

service contracts

(1) In this section—

operative service contract means a service

contract that—

(a) is in force on the day on which

section 48 of the Transport

Legislation Amendment Act

2007 comes into operation; or

(b) is entered into on or after the day

on which section 48 of the

Transport Legislation

Amendment Act 2007 comes into

operation.

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(2) This section applies if—

(a) an operative service contract makes

provision for or with respect to a

penalty—

(i) for a breach of the contract; or

(ii) for a failure (not being a breach of

contract) to meet a performance

requirement specified in the

contract; or

(iii) that is payable on the termination

of the contract; and

(b) that provision is expressed under the

operative service contract to be a civil

penalty provision for the purposes of

this Act.

(3) A person is liable to pay, as a debt due to the

State, the amount as required by a civil

penalty provision in an operative service

contract despite anything to the contrary in a

rule of, or principle at, common law.".

49 Regions or routes of operation

Section 28(3) of the Public Transport

Competition Act 1995 is repealed.

50 Repeal of section 29 because of insertion of new

Division 4 of Part 3

Section 29 of the Public Transport Competition

Act 1995 is repealed.

51 New Division 3 heading inserted into Part 3

Before section 30 of the Public Transport

Competition Act 1995 insert—

"Division 3—Variation, suspension,

cancellation of service contracts".

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52 Variation, suspension or cancellation of service

contracts

(1) In section 30(1) of the Public Transport

Competition Act 1995, after "regulations" insert

"or the service contract".

(2) For section 30(2) of the Public Transport

Competition Act 1995 substitute—

"(2) If the service contract does not provide for

any manner by which the Director may vary,

suspend or cancel the service contract, the

Director must—

(a) give a person referred to in subsection

(1)(a) written notice of the intended

action under that subsection; and

(b) allow that person to make written

representations about that intended

action within 10 working days before

taking the intended action against that

person.".

53 New Divisions 4 and 5 of Part 3 inserted

After section 30 of the Public Transport

Competition Act 1995 insert—

'Division 4—New regular passenger services

Subdivision 1—Interpretation

30A Definitions

In this Division—

affected exclusive region means an

exclusive region within which there

will be a part of a route of operation for

a new regular passenger service

(whether or not that route of operation

will overlap with or cross a route of

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operation along which a regular

passenger service is provided);

affected exclusive route of operation means

an exclusive route of operation—

(a) that will overlap with a part of a

route of operation for a new

regular passenger service; or

(b) over which a part of a route of

operation for a new regular

passenger service will cross;

affected service contract holder means a

person who holds a service contract

under which the person provides a

regular passenger service—

(a) along an affected exclusive route

of operation; or

(b) within an affected exclusive

region;

exclusive region means a region of operation

specified in a service contract within

which the holder of the service contract

provides a regular passenger service on

an exclusive basis;

exclusive right of operation means a right,

conferred under a service contract, to

provide a regular passenger service—

(a) along an exclusive route of

operation; or

(b) within an exclusive region,

except to the extent that that right is

modified by the service contract, or

extinguished by the service contract or

by force of operation of a provision of

this Act;

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exclusive route of operation means a route

of operation specified in a service

contract along which the holder of the

service contract provides a regular

passenger service on an exclusive basis;

materially affected, in relation to an affected

exclusive route of operation or affected

exclusive region, has the meaning given

by section 30B(2);

materially affected service contract holder

has the meaning given by section 30B;

stage 2 procurement process means the

process provided for under section 30J.

30B When is an affected service contract

holder a materially affected service

contract holder?

(1) An affected service contract holder is a

materially affected service contract holder

if—

(a) the affected service contract holder

provides a regular passenger service—

(i) along an affected exclusive route

of operation that will be materially

affected; or

(ii) within an affected exclusive

region that will be materially

affected; or

(b) a determination under section 30C

applies to that affected service contract

holder.

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(2) For the purposes of this section, an affected

exclusive route of operation, or an affected

exclusive region, will be materially affected

if—

X ro >

where—

100%

(N + 2)

X ro is the relevant overlap (expressed as a

percentage); and

N is the number of affected service

contract holders.

(3) In subsection (2), relevant overlap means—

A

B

where—

A is—

(a) in the case of an affected

exclusive route of operation—that

part, or the sum of the parts, of the

affected exclusive route of

operation, as measured in vehicle

service kilometres, that will, when

the new regular passenger service

is provided, overlap with, or cross,

any part of the route of operation

for the new regular passenger

service (as measured in vskms);

(b) in the case of an affected

exclusive region—that part, or the

sum of the parts, of the route of

operation along which the new

regular passenger service will be

provided that will be within that

affected exclusive region of

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operation, as measured in vskms,

(whether or not that route of

operation will overlap with or

cross another route of operation);

B means the total length of the route of

operation along which the new regular

passenger service will be provided

(as measured in vskms).

(4) In this section—

vehicle service kilometres or vskms means

the length (measured in kilometres) of a

route, or a part or a route, of operation

for the provision of a regular passenger

service multiplied by the number of

times the regular passenger service is

provided on that route in a day.

30C Certain affected service contract holders

may be materially affected service

contract holders

On application by an affected service

contract holder, the Director may determine

that that affected service contract holder is a

materially affected service contract holder

for the purposes of this Division if—

(a) the affected service contract holder

provides a regular passenger service

along an affected exclusive route of

operation or within an affected

exclusive region and that holder would

be a materially affected service contract

holder under section 30B(1)(a) if, in

section 30B(2) for—

"X ro >

100%

",

(N + 2)

there were substituted—

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"X ro >

100%

"; and

(N + 3)

(b) the provision of a new regular

passenger service will, in the Director's

opinion, have a significant adverse

impact on the business of that affected

service contract holder.

Subdivision 2—Stage 1 procurement process

(affected service contract holders)

30D Proposed new regular passenger services

that will affect only one service contract

holder

(1) This section applies if—

(a) the Director considers that a new

regular passenger service should be

provided; and

(b) there will be only one affected service

contract holder when that regular

passenger service is provided.

(2) The Director must give the affected service

contract holder the opportunity to negotiate

exclusively with the Director for the right to

provide the new regular passenger service.

(3) If, after 28 days from commencing

negotiations with the affected service

contract holder, the Director has not received

from the affected service contract holder a

written offer for the provision of the new

regular passenger service by that contract

holder setting out terms and conditions that

the Director considers are reasonable in light

of—

(a) the nature and extent of that new

regular passenger service; and

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(b) the provisions of this Act and the

regulations; and

(c) the circumstances of the case—

the exclusive right of operation of the

affected service contract holder is, to the

extent necessary to enable another person to

provide the new regular passenger service,

extinguished by force of this subsection

when, as the case requires, a service contract

or a variation of service contract for the

provision of the new regular passenger

service takes effect.

30E Proposed new regular passenger service

that will affect more than one existing

service contract holder—Stage 1

(1) This section applies if—

(a) the Director considers that a new

regular passenger service should be

provided; and

(b) there will be more than one affected

service contract holder when that

regular passenger service is provided.

(2) The Director must give each of the affected

service contract holders an opportunity to

negotiate with the Director for the right to

provide the new regular passenger service.

30F Outcome of stage 1 of procurement

process if an affected service contract

holder is successful

(1) This section applies if, following

negotiations with each of the affected service

contract holders in accordance with

section 30E, the Director and one or more of

those affected service contract holders agree

that the service contract holder or contract

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holders (as the case requires) (a successful

party) may provide the new regular

passenger service.

(2) The exclusive right of operation of every

other affected service contract holder to

provide a regular passenger service is, to the

extent necessary to enable a successful party

to provide the new regular passenger service,

extinguished by force of this subsection

when, as the case requires, the service

contract or variation of service contract for

the provision of the new regular passenger

service takes effect.

30G End of stage 1 process—No agreement

(and there is no materially affected service

contract holder)

(1) This section applies if—

(a) after 28 days from commencing

negotiations with each of the affected

service contract holders in accordance

with section 30E, the Director is unable

to agree on the terms and conditions for

the provision of the new regular

passenger service with any of the

affected service contract holders; and

(b) none of the affected service contract

holders is a materially affected service

contract holder; and

(c) the Director is of the view that it is in

the public interest that the new regular

passenger service should be provided.

(2) The exclusive rights of operation of all of the

affected service contract holders are, to the

extent necessary to enable another person to

provide the new regular passenger service,

extinguished by force of this subsection

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when, as the case requires, a service contract

or a variation of service contract for the

provision of the new regular passenger

service takes effect.

30H End of stage 1 process—No agreement

(and there is a materially affected service

contract holder)

(1) This section applies if—

(a) after 28 days from commencing

negotiations with each of the affected

service contract holders in accordance

with section 30E, the Director is unable

to agree on the terms and conditions for

the provision of the new regular

passenger service with any of the

affected service contract holders; and

(b) at least one of the affected service

contract holders is a materially affected

service contract holder.

(2) The Director must take action under—

(a) section 30I if there is only one

materially affected service contract

holder;

(b) section 30J if there is more than one

materially affected service contract

holder.

Subdivision 3—Stage 2 procurement process

(materially affected service contract holders)

30I Stage 2 procurement process—Only one

materially affected service contract holder

(1) The Director must give the materially

affected service contract holder the

opportunity to negotiate exclusively with the

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Director for the right to provide the new

regular passenger service.

(2) If, following negotiations with the materially

affected service contract holder, the Director

and that contract holder agree that the

contract holder may provide the new regular

passenger service, the exclusive right of

operation of every other affected service

contract holder to provide a regular

passenger service is, to the extent necessary

to enable the materially affected service

contract holder to provide the new regular

passenger service, extinguished by force of

this subsection when, as the case requires,

the service contract or variation of service

contract for the provision of the new regular

passenger service takes effect.

(3) If, however, after 28 days from commencing

negotiations with the materially affected

service contract holder, the Director has not

received from the materially affected service

contract holder a written offer for the

provision of the new regular passenger

service by that contract holder on terms and

conditions that the Director considers are

reasonable in light of—

(a) the nature and extent of that new

regular passenger service; and

(b) the provisions of this Act and the

regulations; and

(c) the circumstances of the case—

the exclusive right of operation of the

affected service contract holder is, to the

extent necessary to enable another person to

provide the new regular passenger service,

extinguished by force of this subsection

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when, as the case requires, a service contract

or a variation of service contract for the

provision of the new regular passenger

service takes effect.

30J Stage 2 procurement process—More than

one materially affected service contract

holder

The Director must invite all materially

affected service contract holders to

participate in a process (to be determined by

the Director) for the procurement of the new

regular passenger service.

30K Outcome of stage 2 procurement

process—More than one materially

affected service contract holder

(1) Subsection (2) applies if, following the

stage 2 procurement process, the Director

and one or more of the materially affected

service contract holders agree that the

service contract holder or contract holders

(as the case requires) (a successful party)

may provide the new regular passenger

service.

(2) The exclusive right of operation of every

other affected service contract holder to

provide a regular passenger service is, to the

extent necessary to enable a successful party

to provide the new regular passenger service,

extinguished by force of this subsection

when, as the case requires, the service

contract or variation of service contract for

the provision of the new regular passenger

service takes effect.

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(3) If, however, following the stage 2

procurement process, the Director—

(a) is unable to agree on the terms and

conditions for the provision of the new

regular passenger service with any of

the materially affected service contract

holders; and

(b) is of the view that it is in the public

interest that the new regular passenger

service should be provided—

the exclusive right of operation of every

other affected service contract holder is, to

the extent necessary to enable another person

to provide the new regular passenger service,

extinguished by force of this subsection

when, as the case requires, a service contract

or a variation of service contract for the

provision of the new regular passenger

service takes effect.

Division 5—Transfer of property used in

provision of regular passenger services

30L Definitions

In this Division—

associated operator means a person

specified in a primary contract—

(a) as an associated operator; and

(b) as a person to whom this Division

applies;

former property means relevant property

that, under this Division, has vested in

the State or another person in

accordance with an allocation

statement;

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former transferor instrument means an

instrument or an oral agreement

subsisting immediately before the

relevant date—

(a) to which the transferor was a

party; or

(b) that was given to, or in favour of,

the transferor; or

(c) that refers to the transferor; or

(d) under which—

(i) money is, or may become,

payable to or by the

transferor; or

(ii) other property is to be, or

may become liable to be,

transferred to or by the

transferor;

primary contract means a service contract

referred to in section 30M(1) (as

amended from time to time);

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;

related contract means a contract entered

into by the holder of a primary contract,

or an associated operator, and the

Director or a nominee of the Director in

accordance with the primary contract,

and if such a contract is amended, that

contract as amended;

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related deed means a deed—

(a) known as an option deed under a

primary contract; and

(b) entered into by the holder of that

primary contract, or an associated

operator, and the Director or a

nominee of the Director in

accordance with the primary

contract—

and if the deed is amended, that deed as

amended;

relevant property means property of a holder

of a service contract, or an associated

operator, which, under a primary

contract, the parties to that contract

agree is relevant property for the

purposes of this Division;

relevant date, in relation to an allocation

statement under section 30N or relevant

property allocated under such a

statement, means the date, or the date

and time, fixed by the Minister under

section 30N(5) for the purposes of that

statement;

rights means all rights, powers, privileges

and immunities, whether actual,

contingent or prospective;

transferee means a person to whom relevant

property is allocated under an

allocation statement under section 30N;

transferor means the holder of a service

contract, or an associated operator,

from which relevant property is

transferred under an allocation

statement under section 30N.

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30M Property of certain holders of service

contracts and associated operators

(1) This section applies if—

(a) a provision of a service contract

provides for the transfer of relevant

property of the holder of that contract,

or an associated operator, to the State or

any other person (whether in

accordance with that service contract or

a related contract or a related deed) in

circumstances specified in that contract;

and

(b) that provision is expressed to be a

transfer provision for the purposes of

this Division.

(2) The Director may give to the Minister, at a

time, or within a period, determined under

the primary contract, a statement or

statements to be approved by the Minister

relating to any or all of the relevant property.

30N Allocation statement

(1) A statement under section 30M—

(a) must allocate relevant property to or

between the State and such persons as

the Director nominates in writing; and

(b) must be signed by the Director.

(2) 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 Division.

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(3) The Minister may at any time direct the

Director to amend a statement given under

this section as specified in the direction.

(4) An allocation statement under this section

may be amended in writing signed by the

Minister.

(5) The Minister, by notice published in the

Government Gazette, may fix the relevant

date for the purposes of an allocation

statement under this section.

(6) In this section, statement and allocation

statement include a statement or allocation

statement amended in accordance with this

section.

30O Relevant property transferred in

accordance with statement

On the relevant date, the relevant property

that is allocated under an allocation

statement under section 30N vests in the

State or another person in accordance with

the statement.

30P Allocation of relevant property subject to

encumbrances

Unless an allocation statement under

section 30N otherwise provides if, under this

Division, relevant property vests in a

transferee under section 30O, the relevant

property so vested is subject to the

encumbrances (if any) to which it was

subject immediately before so vesting.

30Q Certificate of Director

(1) A certificate signed by the Director

certifying that property of the transferor

specified in the certificate has been allocated

under an allocation statement in accordance

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with section 30N is, unless revoked under

subsection (2), conclusive evidence that the

property—

(a) has been so allocated; and

(b) vested in the transferee on the relevant

date.

(2) If the Minister so directs the Director in

writing, the Director must revoke a

certificate given under subsection (1) by

issuing another certificate in place of the first

certificate.

(3) The Director—

(a) must keep a register of certificates

issued under this section; and

(b) must make the register reasonably

available for inspection by a transferee

or other interested person.

30R Consideration for transferred property

The consideration payable to the transferor

by the State or a transferee on behalf of the

State in respect of relevant property that is

allocated under an allocation statement is the

amount determined in accordance with—

(a) the primary contract; and

(b) a related contract.

30S Former transferor instruments and

agreements

(1) Each former transferor instrument relating to

former property continues to have effect

according to its tenor on and after the

relevant date in relation to that property as if

a reference in the instrument to the transferor

were a reference to the transferee.

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(2) Where, under an allocation statement, a

transferor's interest in an agreement vests in

a transferee under section 30O—

(a) the transferee becomes, on the relevant

date, a party to the agreement in place

of the transferor; and

(b) on and after the relevant date, the

agreement has effect as if the transferee

had always been a party to the

agreement.

30T Interests in land

Without prejudice to the generality of this

Division if, immediately before the relevant

date, a transferor is, in relation to former

property, the registered proprietor of an

interest in land under the Transfer of Land

Act 1958, then on and after that date—

(a) the transferee is to be taken to be the

registered proprietor of that interest in

land; and

(b) the transferee has the same rights and

remedies in respect of that interest as

the transferor had.

30U Amendment of Register

The Registrar of Titles, on being requested to

do so and on delivery of any relevant

certificate of title or instrument and

certificate of the Director referred to in

section 30Q, must make any amendments in

the Register that are necessary because of the

operation of this Division.

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30V Proceedings

Unless an allocation statement otherwise

provides, if, immediately before the relevant

date, proceedings relating to former property

(including arbitration proceedings) to which

a transferor was a party were pending or

existing in any court or tribunal, then, on and

after that date, the transferee is substituted

for the transferor as a party to the

proceedings and has the same rights in the

proceedings as the transferor had.

30W Taxes

Duty and any other tax chargeable under an

Act is payable in respect of the vesting of

relevant property under this Division as if the

vesting were effected by an instrument.

30X Evidence

Documentary or other evidence that would

have been admissible for or against the

interests of a transferor in relation to former

property if this Division had not been

enacted is admissible for or against the

interests of the transferee.

30Y Validity of things done under this Division

(1) Nothing effected or to be effected by this

Division or done or suffered under this

Division—

(a) is to be regarded as placing any person

in breach of contract or confidence or

as otherwise making any person guilty

of a civil wrong; or

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(b) is to be regarded as placing any person

in breach of, or as constituting a default

under, any Act or other law or

obligation or any provision in any

agreement, arrangement or

understanding including, but not

limited to, any provision or obligation

prohibiting, restricting or regulating the

assignment, transfer, sale or disposal of

any property or the disclosure of any

information; or

(c) is to be regarded as fulfilling any

condition that allows a person to

exercise a power, right or remedy in

respect of or to terminate any

agreement or obligation; or

(d) is to be regarded as giving rise to any

remedy for a party to a contract or an

instrument or as causing or permitting

the termination of any contract or

instrument because of a change in the

beneficial or legal ownership of any

relevant property; or

(e) is to be regarded as causing any

contract or instrument to be void or

otherwise unenforceable; or

(f) is to be regarded as frustrating any

contract; or

(g) releases any surety or other obligor

wholly or in part from any obligation.

(2) In this section Act does not include the

Charter of Human Rights and

Responsibilities.

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30Z Corporations Act displacement

The provisions of this Division are declared

to be Corporations legislation displacement

provisions for the purposes of section 5G of

the Corporations Act in relation to the

provisions of Chapter 5 of that Act.

Note

Section 5G of the Corporations Act provides that if a State

law declares a provision of a State law to be a Corporations

legislation displacement provision, any provision of the

Corporations legislation with which the State provision

would otherwise be inconsistent does not apply to the extent

necessary to avoid the inconsistency.'.

__________________

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

s. 54

PART 4—AMENDMENTS TO RAIL SAFETY ACT 2006

54 Amendment of definitions

(1) In section 3(1) of the Rail Safety Act 2006—

See:

Act No.

(a) insert the following definitions—

"coordinating road authority has the same

meaning as in the Road Management

Act 2004;

footpath has the same meaning as in the

Road Rules;

level crossing means—

(a) an area where a public roadway or

a relevant roadway and railway

(other than a tramway or light

railway) cross at substantially the

same level, whether or not there is

a level crossing sign on the

roadway at all or any of the

entrances to the area; or

(b) an area where a public roadway or

a relevant roadway and a tramway

or light railway cross at

substantially the same level and

that has a level crossing sign on

the roadway at each entrance to

the area;

public highway has the same meaning as in

the Road Management Act 2004;

public pathway means a footpath or shared

path forming part of a public road;

9/2006

and

amending

Act No.

47/2006

LawToday:

www.

legislation.

vic.gov.au

65


s. 54

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

public road has the same meaning as in the

Road Management Act 2004;

public roadway means an area within the

meaning of paragraph (a) of the

definition of roadway within the

meaning of section 3(1) of the Road

Management Act 2004;

rail or road crossing means—

(a) a railway crossing; or

(b) a bridge carrying—

(i) a public roadway or relevant

roadway over a railway; or

(ii) a public pathway or relevant

pathway over a railway; or

(c) a bridge carrying a railway over—

(i) a public roadway or relevant

roadway; or

(ii) a public pathway or relevant

pathway;

railway crossing means—

(a) a level crossing;

(b) any area where a public pathway

or relevant pathway crosses a

railway at substantially the same

level;

relevant pathway means a footpath or shared

path that does not form part of a public

road;

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

s. 54

relevant road manager means—

(a) in relation to a public roadway or

public pathway—the coordinating

road authority in respect of the

public road of which that roadway

or pathway is a part;

(b) in relation to a relevant roadway

or relevant pathway—the person

who has care and management of

the relevant roadway or relevant

pathway or is the owner or

occupier of the land on which

there is that relevant roadway or

relevant pathway;

relevant roadway means an area that is

developed for, or has as one of its main

uses, the driving or riding of motor

vehicles, whether or not that area is—

(a) open to or used by the public; or

(b) a public highway—

but does not include a public roadway;

road infrastructure has the same meaning as

in the Road Management Act 2004;

Road Rules means the Road Rules within

the meaning of the Road Safety (Road

Rules) Regulations 1999;

safety interface agreement—see Division 2

of Part 4;

shared path has the same meaning as in

Rule 242 of the Road Rules;";

(b) the definition of interface co-ordination

plan is repealed.

67


s. 54

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

(2) In section 3(1) of the Rail Safety Act 2006, for

the definition of safety audit substitute—

"safety audit means an inspection of—

(a) any of the following or a part of the

following—

(i) rail infrastructure used in carrying

out accredited rail operations;

(ii) rolling stock used in carrying out

accredited rail operations;

(iii) accredited rail operations; or

(b) the performance of, or any aspect of the

performance of—

(i) the employees of an accredited

rail operator; or

(ii) a rail contractor within the

meaning of paragraph (b) of the

definition of rail contractor who

supplies rail operations to an

accredited rail operator;".

(3) After section 3(4) of the Rail Safety Act 2006

insert—

"(5) For the purposes of this Act

(a) a rail infrastructure manager is deemed

to carry out rail infrastructure

operations carried out for that manager

by a labour-hire contractor;

(b) a rolling stock operator is deemed to

carry out rolling stock operations

carried out for that operator by a

labour-hire contractor.

68


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

s. 55

(6) In subsection (5)—

labour-hire contractor means an individual

whose services are supplied to a rail

infrastructure manager or rolling stock

operator under an agreement or

arrangement between—

(a) the person that employs or

engages that individual; and

(b) as the case requires, that manager

or operator—

to carry out rail infrastructure

operations or rolling stock operations

(as the case requires).".

55 Rail safety work

After section 7(c) of the Rail Safety Act 2006

insert—

"(ca) loading or unloading rolling stock;".

56 Principle of shared responsibility

At the end of section 13 of the Rail Safety Act

2006 insert—

"(2) The level and nature of responsibility that a

person referred to in subsection (1), or

falling within a class of person referred to in

subsection (1), has for rail safety is

dependent on the nature of the risk to rail

safety that the person creates from the

carrying out of an activity (or the making of

a decision) and the capacity that person has

to control, eliminate or mitigate that risk.".

69


s. 57

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

57 New section 22A inserted

After section 22 of the Rail Safety Act 2006

insert—

"22A Duties of persons providing rail

operations by means of contracted

personnel

(1) A person (a labour-hire entity) who under an

agreement or arrangement supplies to a rail

infrastructure manager the services of an

individual that labour-hire entity employs or

engages to carry out rail infrastructure

operations for that manager must, so far as is

reasonably practicable, ensure that that

individual is competent to carry out the rail

infrastructure operations.

Penalty: In the case of a natural person,

1800 penalty units;

In the case of a body corporate,

9000 penalty units.

(2) A person (a labour-hire entity) who under an

agreement or arrangement supplies to a

rolling stock operator the services of an

individual that labour-hire entity employs or

engages to carry out rolling stock operations

for that operator must, so far as is reasonably

practicable, ensure that that individual is

competent to carry out rolling stock

operations.

Penalty: In the case of a natural person,

1800 penalty units;

In the case of a body corporate,

9000 penalty units.

70


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

s. 58

(3) An offence against subsection (1) or (2) is an

indictable offence.

Note

However, the offence may be heard and determined

summarily (see section 53 of, and Schedule 4 to, the

Magistrates' Court Act 1989).".

58 Rail operator must consult before establishing safety

management system

In section 26(c) of the Rail Safety Act 2006 for

"an interface co-ordination plan" substitute

"a safety interface agreement".

59 New section 29 substituted

For section 29 of the Rail Safety Act 2006

substitute—

"29 Safety audits

The Safety Director may conduct, or cause to

be conducted, a safety audit, to determine

whether or not an accredited rail operator is

satisfactorily complying with the

requirements of Parts 3 and 5.".

60 New Division heading inserted in Part 4

After the heading to Part 4 of the Rail Safety Act

2006 insert—

"Division 1—Rail operations and utility

works".

71


s. 61

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

61 New Division 2 inserted in Part 4

After section 34 of the Rail Safety Act 2006

insert—

"Division 2—Safety interface agreements

34A What is a safety interface agreement?

A safety interface agreement is an agreement

about managing risks to safety identified and

assessed under this Division that includes

provisions for—

(a) the implementation and maintenance of

measures to manage those risks; and

(b) the evaluation, testing and, if

appropriate, revision of those measures;

and

(c) the respective roles and responsibilities

of each party to the agreement in

relation to those measures; and

(d) the procedures by which each party to

the agreement will monitor compliance

with the obligations under the

agreement; and

(e) a process for keeping the agreement

under review.

34B Safety interface assessment by rail

operator—rail operations

(1) A rail operator must—

(a) identify and assess, so far as is

reasonably practicable, risks to safety

that may arise from rail operations

carried out by or on behalf of the rail

operator because of, or partly because

of, rail operations carried out by or on

behalf of any other rail operator; and

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

s. 61

(b) determine measures to manage, so far

as is reasonably practicable, any risks

identified and assessed.

(2) A rail operator must seek to enter into a

safety interface agreement with the other rail

operator carrying out rail operations for the

purpose of managing the risks to safety

identified and assessed under subsection (1).

34C Safety interface assessment by rail

infrastructure manager—rail

infrastructure and public roadways or

pathways

(1) A rail infrastructure manager must—

(a) identify and assess, so far as is

reasonably practicable, risks to safety

that may arise from rail infrastructure

operations carried out on or in relation

to the rail infrastructure manager's rail

infrastructure because of, or partly

because of, the existence or use of any

rail or road crossing that is part of the

road infrastructure of any public

roadway or that is a public pathway;

and

(b) determine measures to manage, so far

as is reasonably practicable, any risks

identified and assessed.

(2) A rail infrastructure manager must seek to

enter into a safety interface agreement with

the relevant road manager for that public

roadway or public pathway for the purpose

of managing the risks identified and assessed

under subsection (1).

73


s. 61

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

34D Safety interface assessment by rail

infrastructure manager—rail

infrastructure and relevant roadways or

pathways

(1) A rail infrastructure manager must—

(a) identify and assess, so far as is

reasonably practicable, risks to safety

that may arise from rail infrastructure

operations carried out on or in relation

to the rail infrastructure manager's rail

infrastructure because of, or partly

because of, the existence or use of any

rail or road crossing that is part of the

road infrastructure of any relevant

roadway or that is a relevant pathway;

and

(b) consider and form an opinion about

whether it is necessary to manage those

risks to safety in conjunction with the

relevant road manager for that relevant

roadway or relevant pathway.

(2) If a rail infrastructure manager is of the

opinion that it is necessary to manage the

risks to safety identified and assessed under

subsection (1) in conjunction with the

relevant road manager, the rail infrastructure

manager must—

(a) give the relevant road manager written

notice of that opinion; and

(b) determine measures, so far as is

reasonably practicable, to manage those

risks to safety.

(3) If the rail infrastructure manager is of the

opinion that the risks to safety do not need to

be managed in conjunction with the relevant

74


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

s. 61

road manager, the rail infrastructure manager

must keep a written record of that opinion.

(4) Unless subsection (3) applies, a rail

infrastructure manager must seek to enter

into a safety interface agreement with the

relevant road manager for the purpose of

managing the risks identified and assessed

under subsection (1).

34E Safety interface assessment by relevant

road manager of public roadway or

pathway

(1) A relevant road manager in relation to a

public roadway or public pathway must—

(a) identify and assess, so far as is

reasonably practicable, risks to safety

that may arise from the existence or use

of any rail or road crossing that is part

of the road infrastructure of that public

roadway or that is a public pathway

because of, or partly because of, rail

infrastructure operations;

(b) determine measures to manage, so far

as is reasonably practicable, any risks

identified and assessed.

(2) A relevant road manager must have regard

to—

(a) the principal object of road

management; and

(b) the works and infrastructure

management principles; and

(c) the functions, powers and duties of

infrastructure managers under the Road

Management Act 2004—

when determining measures to manage risks

identified under subsection (1).

75


s. 61

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

(3) A relevant road manager must seek to enter

into a safety interface agreement with any

rail infrastructure manager whose rail

infrastructure operations are identified as

contributing to a risk identified under

subsection (1) for the purposes of managing

that risk.

(4) In this section—

principal object of road management has

the same meaning as in the Road

Management Act 2004;

works and infrastructure management

principles means the principles set out

in section 20(2) of the Road

Management Act 2004;

infrastructure manager has the same

meaning as in the Road Management

Act 2004.

34F Safety interface assessment by relevant

road manager of relevant roadway or

pathway

(1) If a relevant road manager receives written

notice under section 34D(2)(a) in relation to

a relevant roadway or relevant pathway, the

relevant road manager must—

(a) identify and assess, so far as is

reasonably practicable, risks to safety

that may arise from the existence or use

of any rail or road crossing that is part

of the road infrastructure of that

relevant roadway or that is a relevant

pathway because of, or partly because

of, rail infrastructure operations; and

(b) determine measures to manage, so far

as is reasonably practicable, any risks

identified and assessed.

76


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

s. 61

(2) A relevant road manager in relation to a

relevant roadway or relevant pathway must

seek to enter into a safety interface

agreement with any rail infrastructure

manager whose rail infrastructure operations

are identified as contributing to a risk

identified under subsection (1) for the

purposes of managing that risk.

34G Requirements under sections 34E and 34F

not to affect relevant road manager's

functions, obligations or powers

Nothing in section 34E or 34F authorises or

requires a relevant road manager to act

inconsistently with, or without regard to, the

functions, obligations or powers conferred

on the manager by or under an Act other than

this Act.

34H Identification and assessment of risks

A rail operator or relevant road manager may

identify and assess risks to safety as required

under section 34B, 34C, 34D, 34E or 34F—

(a) by identifying and assessing those risks

independently; or

(b) by identifying and assessing those risks

jointly with, as the case requires,

another rail operator or a relevant road

manager; or

(c) by adopting the identification and

assessment of those risks carried out

by, as the case requires, another rail

operator or a relevant road manager.

77


s. 61

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

34I Safety interface agreements

A safety interface agreement under this

Division may—

(a) be entered into by 2 or more rail

operators or by one or more rail

operators and one or more relevant road

managers;

(b) include measures to manage any

number of risks to safety that may arise

because of, or partly because of, any

rail operations;

(c) include measures to manage any

number of risks to safety that may arise

from any rail operations because of, or

partly because of, the existence or use

of any road infrastructure;

(d) make provision for or in relation to any

matter by applying, adopting or

incorporating any matter contained in

any document;

(e) consist of 2 or more documents.

34J Safety Director may give directions if

persons fail to make safety interface

agreements

(1) This section applies if the Safety Director is

satisfied that a rail operator or relevant road

manager referred to in section 34B, 34C,

34D, 34E or 34F is—

(a) unreasonably refusing or failing to

enter into a safety interface agreement

with another person as required under

this Division; or

(b) unreasonably delaying the negotiation

of that agreement.

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

s. 61

(2) The Safety Director may serve a written

notice on the rail operator or relevant road

manager (as the case requires).

(3) A written notice under subsection (2)—

(a) must warn the rail operator or relevant

road manager (as the case requires) of

the powers of the Safety Director under

this section, including the power to

issue a direction under subsection (5) at

any time after a specified date; and

(b) must contain a copy of this section; and

(c) may contain suggested terms for

inclusion in a safety interface

agreement.

(4) If the Safety Director serves a notice under

subsection (2) to a rail operator or relevant

road manager, the Safety Director may, in

writing, request the person served with the

notice to provide such information as the

Safety Director reasonably requires for the

purposes of making a direction under

subsection (5).

(5) If a notice is issued under this section and a

safety interface agreement has not been

entered into by or on the date specified in

that notice, the Safety Director—

(a) may determine the arrangements to

apply in relation to the management of

risks to safety referred to in section

34B, 34C, 34D, 34E or 34F (as the case

requires); and

79


s. 61

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

(b) may direct either or both persons to

whom the notice is issued to give effect

to those arrangements; and

(c) must specify by when a direction must

be complied with.

(6) A direction under subsection (5)—

(a) must be in writing; and

(b) must set out any arrangements

determined by the Safety Director.

(7) A person who is given a direction under

subsection (5) must comply with the

direction.

Penalty: In the case of a natural person,

20 penalty units;

In the case of a body corporate,

100 penalty units.

34K Register of safety interface agreements

(1) A rail operator must maintain a register of—

(a) safety interface agreements to which

the rail operator is a party; and

(b) arrangements determined by the Safety

Director under section 34J—

that are applicable to its rail operations.

Penalty: In the case of a natural person,

10 penalty units;

In the case of a body corporate,

50 penalty units.

(2) A relevant road manager must maintain a

register of—

(a) safety interface agreements to which

the road manager is a party; and

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

s. 62

(b) arrangements determined by the Safety

Director under section 34J—

that are applicable to any public roadway or

public pathway or relevant roadway or

relevant pathway in relation to which they

are the relevant road manager.

Penalty: In the case of a natural person,

10 penalty units;

In the case of a body corporate,

50 penalty units.".

62 Application for variation of accreditation is

required in certain cases

(1) For section 54(1) of the Rail Safety Act 2006

substitute—

"(1) This section applies if an accredited rail

operator proposes to make a change to, or to

the manner of carrying out, accredited rail

operations that may reasonably be

expected—

(a) to change the nature, character and

scope of the accredited rail operations;

or

(b) to not be within the competence and

capacity for which the accredited rail

operator is accredited.

(1A) The accredited rail operator must apply to

the Safety Director for a variation of its

accreditation.".

81


s. 62

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

(2) For section 54(3) of the Rail Safety Act 2006

substitute—

"(3) An application under this section must—

(a) be in writing; and

(b) describe—

(i) the nature, character and scope of

the change in rail operations; or

(ii) how those operations are not, or

may not be, within the

competence and capacity for

which the accredited rail operator

is accredited; and

(c) contain the prescribed information

(if any).".

(3) After section 54(3) of the Rail Safety Act 2006

insert—

"(3A) The Safety Director may require an

accredited rail operator who has applied for a

variation—

(a) to supply further information requested

by the Safety Director;

(b) to verify by statutory declaration any

information supplied to the Safety

Director.".

(4) For section 54(5) of the Rail Safety Act 2006

substitute—

"(5) The Safety Director must grant or refuse to

grant the variation within the relevant

period.".

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

s. 62

(5) For section 54(7) of the Rail Safety Act 2006

substitute—

"(7) A notification under subsection (6)(a) and a

statement of reasons under subsection (6)(b)

must be in writing.".

(6) After section 54(8) of the Rail Safety Act 2006

insert—

"(9) In this section—

relevant period, in relation to a decision to

grant or refuse to grant a variation,

means—

(a) 6 months after the application for

that variation was received by the

Safety Director; or

(b) if the Safety Director requests

further information for the

purposes of making that decision,

6 months, or such other period, as

is agreed between the Safety

Director and the accredited rail

operator, after the Safety Director

receives the last of the information

requested; or

(c) if the Safety Director, by notice in

writing given to the accredited rail

operator before the expiry of the

relevant 6 months, specifies

another period, that period—

whichever is longer.".

83


s. 63

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

63 New sections 54A and 54B inserted

After section 54 of the Rail Safety Act 2006

insert—

"54A Where application for variation relates to

co-operative rail operations

Sections 43 and 62A apply to an application

for variation of an accreditation as if a

reference in those sections to an application

for accreditation were a reference to an

application for variation of accreditation.

54B Prescribed conditions and restrictions

The accreditation of a rail operator that is

varied under this Part is subject to any

conditions or restrictions prescribed by the

regulations and that are applicable to the

accreditation as varied.".

64 Accreditation exemptions for private siding rail

operations

(1) For section 63(2)(b)(i) of the Rail Safety Act

2006 substitute—

"(i) a safety interface agreement; and".

(2) In section 63(4)(d) of the Rail Safety Act 2006

for "interface co-ordination plan" substitute

"safety interface agreement".

65 New section 69A inserted

After section 69 of the Rail Safety Act 2006

insert—

"69A Accredited rail operators to provide

information

(1) The Safety Director may, by notice in

writing given to an accredited rail operator,

require the accredited rail operator to provide

to the Safety Director on or before a

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

s. 65

specified date and in a manner and form

approved by the Safety Director, any or all of

the following—

(a) information concerning measures taken

by the accredited rail operator to

promote rail safety;

(b) information relating to the financial

capacity or insurance arrangements of

the accredited rail operator;

(c) other matters relating to rail safety or

the accreditation of the accredited rail

operator that the Safety Director

reasonably requires.

(2) An accredited rail operator must comply

with a notice given to the accredited rail

operator under subsection (1).

Penalty: In the case of a natural person,

60 penalty units;

In the case of a body corporate,

300 penalty units.

(3) An accredited rail operator must provide to

the Safety Director, in a manner and form

approved by the Safety Director and at the

prescribed times and in respect of the

prescribed periods, information prescribed

by the regulations for the purposes of this

subsection relating to rail safety or

accreditation.

Penalty: In the case of a natural person,

60 penalty units;

In the case of a body corporate,

300 penalty units.".

85


s. 66

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 4—Amendments to Rail Safety Act 2006

66 General regulation making powers

For section 110(1)(bb) of the Rail Safety Act

2006 substitute—

"(bb) matters or things safety interface agreements

may provide for;".

67 Expiry of transitional accreditations and post new

scheme accreditations

In section 173 of the Rail Safety Act

(a) omit "on the making of an Order under

section 166,";

(b) in paragraph (a), for "the second anniversary

of the commencement day" substitute

"1 July 2008";

(c) in paragraph (b), for "the third anniversary of

the commencement day" substitute "1 July

2009".

__________________

86


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 5—Amendments to Other Acts

s. 68

PART 5—AMENDMENTS TO OTHER ACTS

Division 1—Marine Act 1988

68 Power to prosecute

For section 87(2) of the Marine Act 1988

substitute—

"(2) If proceedings are brought by a member of

the police force, or by a person authorised by

the Director, or by a person or body

authorised by a public authority, the

proceedings may be conducted before the

court by—

(a) any other member of the police force;

or

(b) any other person authorised by the

Director; or

(c) any other person or body authorised by

the public authority.".

See:

Act No.

52/1988.

Reprint No. 6

as at

19 August

2004

and

amending

Act Nos

94/2003,

108/2004,

97/2005,

10/2006 and

32/2006.

LawToday:

www.

legislation.

vic.gov.au

Division 2—Rail Corporations Act 1996

69 Clearance of trees etc.

Insert the following heading to section 60 of the

Rail Corporations Act 1996—

"Person to whom this section applies may

require clearance of trees".

See:

Act No.

79/1996.

Reprint No. 4

as at

30 October

2006.

LawToday:

www.

legislation.

vic.gov.au

87


s. 70

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 5—Amendments to Other Acts

70 New section 60A inserted

After section 60 of the Rail Corporations Act

1996 insert—

"60A Relevant rail operator to whom this

section applies may clear trees without

obtaining permit

(1) This section applies if any tree or wood—

(a) is on land owned or occupied by a

relevant rail operator; and

(b) is in the vicinity of a railway track

operated or maintained by a relevant

rail operator; and

(c) poses a risk to the safety of anyone on,

or using, the railway track.

Example

The following trees pose a risk to the safety of a

person using a railway track—

(a) a tree that obstructs a view of a signal

box from a portion of the track;

(b) a tree near the middle of a curve of the

track that restricts the view of the track of

anyone entering the curve;

(c) a tree whose roots are underneath the

track.

(2) A relevant rail operator may fell and remove

the tree or wood without the need to obtain a

permit under any relevant planning scheme

under the Planning and Environment Act

1987, despite anything to the contrary in or

under that Act.

(3) In this section—

relevant rail operator means a person

specified in section 60(6).".

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 5—Amendments to Other Acts

s. 71

Division 3—Road Management Act 2004

71 Definition

In section 3(1) of the Road Management Act

2004, in paragraph (a)(v) of the definition of road

management function, after "roads" insert

"including Division 2 of Part 4 of the Rail Safety

Act 2006".

See:

Act No.

12/2004.

Reprint No. 2

as at

11 October

2006

and

amending

Act Nos

61/2005,

74/2006 and

85/2006.

LawToday:

www.

legislation.

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Division 4—Road Safety Act 1986

72 Definitions

In section 3(1) of the Road Safety Act 1986

insert the following definitions—

"bus company has the same meaning as in the

Transport Act 1983;

park and ride facility means land or premises—

(a) vested in or under the control of a rail

or bus operator; and

(b) to which specified provisions of this

Act and the regulations relating to the

regulation or control of the parking of a

vehicle, or the leaving standing of a

vehicle, apply under an Order under

section 98 (whether or not other

provisions of this Act or the regulations

also apply under that Order);

See:

Act No.

127/1986.

Reprint No. 10

as at

9 November

2006

and

amending

Act Nos

19/1991,

97/2005,

48/2006,

81/2006,

14/2007 and

30/2007.

LawToday:

www.

legislation.

vic.gov.au

89


s. 73

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 5—Amendments to Other Acts

passenger transport company has the same

meaning as in the Transport Act 1983;

rail or bus operator means a bus company, a

passenger transport company or Rail Track;

Rail Track means Victorian Rail Track

established by Division 2 of Part 2 of the

Rail Corporations Act 1996;".

73 Power to prosecute

(1) After section 77(2)(da) of the Road Safety Act

1986 insert—

"(db) a person authorised under section 229(1AA)

of the Transport Act 1983 to bring a

proceeding for a ticket offence (within the

meaning of section 208 of that Act), if the

offence against this Act or the regulations

occurs on or in a park and ride facility;".

(2) Sections 77(2A) and 77(2B) of the Road Safety

Act 1986 are repealed.

(3) After section 77(3) of the Road Safety Act 1986

insert—

"(3A) If proceedings are taken by a person referred

to in subsection (2)(db), the proceedings may

be conducted before the court by any

employee in the Department of

Infrastructure.".

74 Service of parking infringement notices

(1) In section 87(1) of the Road Safety Act 1986

after "section 77(2)" insert "(other than a person

referred to in paragraph (db) of that subsection)".

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Transport Legislation Amendment Act 2007

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Part 5—Amendments to Other Acts

s. 75

(2) For section 87(1AD) of the Road Safety Act

1986 substitute—

"(1AD) If an authorised officer within the meaning

of section 208 of the Transport Act 1983

(as authorised under section 221AB of that

Act) has reason to believe that a parking

infringement has been committed in respect

of any vehicle that is on or in a park and ride

facility, the person may serve or cause to be

served, in accordance with the regulations, a

parking infringement notice.".

Division 5—Terrorism (Community Protection) Act 2003

75 New section 27A inserted

After section 27 of the Terrorism (Community

Protection) Act 2003 insert—

"27A Delegation

(1) A relevant Minister, by instrument, may

delegate to a relevant public service officer

his or her functions or powers under this Part

other than—

(a) this power of delegation; or

(b) a function or power conferred on the

relevant Minister under section 28(1),

31(f), 36 or 37.

(2) In subsection (1)—

relevant public service officer means—

(a) a non-executive employee (within

the meaning of the Public

Administration Act 2004) who is

employed as a non-executive

employee Grade 6 or Senior

Technical Specialist; or

See:

Act No.

7/2003.

Reprint No. 1

as at

9 March 2006

and

amending

Act Nos

30/2006,

48/2006 and

28/2007.

LawToday:

www.

legislation.

vic.gov.au

91


s. 76

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 5—Amendments to Other Acts

(b) an executive (within the meaning

of the Public Administration Act

2004).".

76 Reference to relevant Minister

In section 33(1) of the Terrorism (Community

Protection) Act 2003, for "Minister" (where first

occurring) substitute "relevant Minister".

Division 6—Transport (Taxi-cab Accreditation and Other

Amendments) Act 2006

See:

Act No.

71/2006.

Statute Book:

www.

legislation.

vic.gov.au

77 Reference to Division

In section 3 of the Transport (Taxi-cab

Accreditation and Other Amendments) Act

2006, for "After Division 3 of Part VI" substitute

"Before Division 5 of Part VI".

78 Definition of taxi-cab network service

In section 3 of the Transport (Taxi-cab

Accreditation and Other Amendments) Act

2006, in proposed section 130A(1) of the

Transport Act 1983, for the definition of taxicab

network service substitute—

"taxi-cab network service means—

(a) the receipt and dispatch of bookings or

orders for the hiring of taxi-cabs; or

(b) the provision for taxi-cabs of a central

communications system—

and includes the provision by or on behalf of

a provider of a service of a kind referred to

in paragraph (a) or (b) of all or any of the

following—

(c) a global positioning system for taxicabs;

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 5—Amendments to Other Acts

s. 79

(d) maintenance of information

management systems in relation to the

hiring, and bookings and orders for the

hiring, of taxi-cabs;

(e) brand identification for taxi-cabs;

(f) support services for taxi-cab operators

and drivers;

(g) maintenance of a system for receiving

and handling customer complaints

relating to the hiring, and bookings and

orders for the hiring, of taxi-cabs;

(h) taxi-cab driver training;".

79 Duration of accreditation

(1) In section 3 of the Transport (Taxi-cab

Accreditation and Other Amendments) Act

2006, in proposed section 132C of the Transport

Act 1983, for "An accreditation" substitute

"Subject to subsection (2), an accreditation".

(2) In section 3 of the Transport (Taxi-cab

Accreditation and Other Amendments) Act

2006, at the end of proposed section 132C of the

Transport Act 1983 insert—

"(2) If an application for renewal of an

accreditation is made before the expiry of the

period specified in the certificate of

accreditation, the licensing authority may

determine to extend the period of operation

of the accreditation.

(3) If the licensing authority makes a

determination under subsection (2), the

accreditation (unless it is sooner cancelled or

surrendered) remains in force until—

(a) the expiry of the period specified in the

certificate of accreditation; or

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s. 80

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 5—Amendments to Other Acts

(b) 7 days after the licensing authority

gives the applicant notice of its decision

on the application for renewal of the

accreditation—

whichever is the later.".

80 Conditions and standards affecting accreditation

(1) In section 3 of the Transport (Taxi-cab

Accreditation and Other Amendments) Act

2006, in proposed section 133(3) of the

Transport Act 1983, after "regulations" insert

"as in force from time to time".

(2) In section 3 of the Transport (Taxi-cab

Accreditation and Other Amendments) Act

2006, after proposed section 133C(4) of the

Transport Act 1983 insert—

"(5) A business or service standard may apply to

an accreditation in force at the time the

standard is determined or in force at any time

after that.".

81 Effect of suspension of accreditation

In section 3 of the Transport (Taxi-cab

Accreditation and Other Amendments) Act

2006, in the heading to proposed section 135D of

the Transport Act 1983, omit "on licence".

82 Regulations

In section 3 of the Transport (Taxi-cab

Accreditation and Other Amendments) Act

2006, in proposed section 137E(1)(b) of the

Transport Act 1983, before "from the

requirement" insert ", or all providers of taxi-cab

network services".

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Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 5—Amendments to Other Acts

s. 83

83 Effect on taxi-cab licences of certain outcomes

In section 11 of the Transport (Taxi-cab

Accreditation and Other Amendments) Act

2006, in proposed section 156A of the Transport

Act 1983—

(a) in the heading to the section for "outcomes

under Division 4" substitute "certain

outcomes";

(b) in subsection (1)—

(i) after "that Division" insert "or under

section 272(5)"; and

(ii) before "surrendered" insert "is"; and

(iii) after "section 137B" insert "or expires

without being renewed"; and

(iv) in paragraph (b) after "surrender" insert

"or expiry of accreditation";

(c) in subsection (5)—

(i) after "that Division" insert "or under

section 272(5)"; and

(ii) before "surrendered" insert "is"; and

(iii) after "section 137B" insert "or expires

without being renewed"; and

(iv) in paragraph (c), after "surrender"

insert "or expiry of accreditation".

95


s. 84

Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 5—Amendments to Other Acts

Division 7—Amendment to Victims of Crime Assistance

Act 1996

See:

Act No.

81/1996.

Reprint No. 4

as at

1 December

2006

and

amending

Act Nos

23/2006,

48/2006 and

9/2007.

LawToday:

www.

legislation.

vic.gov.au

84 Transport Act entitlement to be taken into account

After section 16(ab) of the Victims of Crime

Assistance Act 1996 insert—

"(ac) must take into account and reduce the

amount by any amount of financial

assistance that the applicant has been

awarded or is eligible to be awarded under

section 12 of the Transport Act 1983 in

relation to the incident to which the

application relates; and".

__________________

96


Transport Legislation Amendment Act 2007

No. 69 of 2007

Part 6—Expiry of Act

s. 85

PART 6—EXPIRY OF ACT

85 Expiry of Act

This Act expires on 1 July 2011.

═══════════════

97


Transport Legislation Amendment Act 2007

No. 69 of 2007

Endnotes

ENDNOTES


Minister's second reading speech—

Legislative Assembly: 20 September 2007

Legislative Council: 11 October 2007

The long title for the Bill for this Act was "A Bill for an Act to amend the

Transport Act 1983, the Public Transport Competition Act 1995, the

Rail Safety Act 2006 and other Acts and for other purposes."

98

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