Rail Corporations (Amendment) Act 1997 (Vic)

No judgment structure available for this case.

Rail Corporations (Amendment) Act 1997

Act No. 104/1997

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1
2. Commencement 1

PART 2—AMENDMENT OF RAIL CORPORATIONS ACT 1996 3
Division 1—Privatisation of V/Line Freight 3

3. V/Line Freight functions 3
4. Repeal of provisions relating to V/Line Freight 3

Division 2—Corporatisation of Metropolitan Train Division of PTC 4

5. Definitions 4
6. New Division 2A inserted 4
Division 2A—Met Train 1 4

18A. Establishment 4
18B. Met Train 1 not to represent the Crown 5
18C. Objective 5
18D. Functions and powers 5
18E. No obligation to fence 6
18F. Power to break up roads, etc. 7

7. Definition of "rail corporation" 7
8. New Division 2B inserted 7
Division 2B—Met Train 2 7

18G. Establishment 8
18H. Met Train 2 not to represent the Crown 8
18I. Objective 8
18J. Functions and powers 8
18K. No obligation to fence 10
18L. Power to break up roads, etc. 10

9. Definition of "rail corporation" 11

Division 3—Corporatisation of Metropolitan Tram Division of PTC 11

i

Section Page

10. New Division 2C inserted 11
Division 2C—Met Tram 1 11
18M. Establishment 11

18N. Met Tram 1 not to represent the Crown 12
18O. Objective 12
18P. Functions and powers 12
18Q. No obligation to fence 14
18R. Power to break up roads, etc. 14
18S. Power to install stopping places, etc. 14

11. Definition of "rail corporation" 15
12. New Division 2D inserted 15
Division 2D—Met Tram 2 15

18T. Establishment 15
18U. Met Tram 2 not to represent the Crown 15
18V. Objective 16
18W. Functions and powers 16
18X. No obligation to fence 17
18Y. Power to break up roads, etc. 18
18Z. Power to install stopping places, etc. 18

13. Definition of "rail corporation" 18

Division 4—Transfer of Property 18

14. Allocation statements 18
15. Transfer of Crown land 19

Division 5—Transfer of Staff 19

16. Arrangement of Part 3 19
"Division 1—Definitions". 20
"Division 2—Property". 20
17. Definitions 20
18. New Division 3 inserted 22
Division 3—Staff 22

57. List of PTC staff 22
58. Transfer of PTC staff 23
59. Future terms and conditions of transferred employees 24

Division 6—Powers of Victorian Rail Track 25

19. Definitions etc. 25
20. Functions and powers in relation to tramways 26
21. No obligation to fence tramway 27
22. New sections 13A and 13B inserted 27

ii

Section Page

13A. Power to break up roads, etc. 27
13B. Power to install stopping places, etc. 27

23. New sections 13C to 13F inserted 28

13C. Acquisition of land 28
13D. Rail Track may use Crown lands reserved under Crown
Land (Reserves) Act 1978 29
13E. Grant of unalienated Crown land 31
13F. Surplus land 31

24. Declared railway services 34

Division 7—Other Amendments 34

25. Purpose of Act 34
26. Disclosure of interests 34

Division 8—Transitional Provisions 34

27. New Part 4 substituted 34
PART 4—MISCELLANEOUS 34

60. Privatisation of V/Line Freight 34

28. New section 61 inserted 35

61. No obligation to fence 35

29. New section 62 inserted 36

62. Power to break up roads, etc. 36

30. New section 63 inserted 37

63. Power to install stopping places, etc. 37

PART 3—AMENDMENT OF TRANSPORT ACT 1983 39

31. Definitions 39
32. New section 14A inserted 39

14A. Withdrawal of certain functions and powers from PTC 39

33. Loop developments 40
34. Authorised officers 40
35. Travelling without valid ticket 43
36. New sections 221A and 221B inserted 43
221A. Authorized persons 43

221B. Application by proposed employee 46

37. New Division 4A inserted in Part VII 46
Division 4A—Accreditation of passenger transport
companies 46
228A. Application for accreditation 46

228B. Matters to be considered by Secretary 47
228C. Giving or refusal of accreditation 47

228D. Conditions of accreditation 48

228E. Change of conditions etc. 48

iii

Section Page

228F. Duration of accreditation 49
228G. Requirement to notify Secretary about charges, etc. 49

228H. Periodical returns 49

228I. Application for renewal of accreditation 50
228J. Renewal of accreditation 51

228K. Nature of accreditation 52

228L. False or misleading information 52

228M. Secretary not liable for giving accreditation 53

228N. Supervision of accredited companies 53

228O. Procedure and powers 55

228P. Immediate power of suspension 55

228Q. Effect of suspension 56

228R. Review by AAT 56

38. Tourist railways 56

PART 4—AMENDMENT OF OTHER ACTS 58

39. Border Railways Act 1922 58
40. Borrowing and Investment Powers Act 1987 59
41. Country Fire Authority Act 1958 59
42. Crimes Act 1958 59
43. Docklands Authority Act 1991 59
44. Emergency Management Act 1986 60
45. Essential Services Act 1958 60
46. Estate Agents Act 1980 60
47. Fences Act 1968 60
48. Historic Buildings Act 1981 61
49. Land Act 1958 61
50. Limitation of Actions Act 1958 61
51. Melbourne and Metropolitan Board of Works Act 1958 62
52. Melbourne City Link Act 1995 63
53. National Parks Act 1975 63
54. Pipelines Act 1967 63
55. Survey Co-ordination Act 1958 64
56. Transport Accident Act 1986 64
57. Treasury Corporation of Victoria Act 1992 66
58. Water Act 1989 66
59. Wheat Marketing Act 1989 67

═══════════════

NOTES 68

iv

Victoria

No. 104 of 1997

Rail Corporations (Amendment) Act

1997†

[Assented to 16 December 1997]
The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose
The purpose of this Act is to reform the public transport system in Victoria.

2. Commencement
(1) This Part comes into operation on the day on which this Act receives the Royal Assent.

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 2

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does

not come into operation before 1 January 2000, it
comes into operation on that day.

_______________
Rail Corporations (Amendment) Act 1997

s. 3	Act No. 104/1997

PART 2—AMENDMENT OF RAIL CORPORATIONS ACT

1996

Division 1—Privatisation of V/Line Freight

3. V/Line Freight functions

No. 79/1996.

At the end of section 7 of the Rail Corporations
Act 1996 insert—
"(4) V/Line Freight may, with the approval or at

the direction of the Minister, cease to
perform all or any of its functions.
(5) Without limiting, or taking away, any of his or her other powers, the Minister, for and on behalf of the Crown, may be a party to any
agreement providing for the sale,
assignment, transfer or disposal of all or any
part of the property, rights, liabilities,
undertaking or business of V/Line Freight or
to any related franchise or other agreement
of any kind whatsoever.".

4. Repeal of provisions relating to V/Line Freight

(1) Division 1 of Part 2 of the Rail Corporations Act 1996 is repealed.
(2) In section 1 of the Rail Corporations Act 1996,
omit "V/Line Freight and".

(3) In the definition of "rail corporation" in section 3(1) of the Rail Corporations Act 1996, omit "V/Line Freight or".

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 5

Division 2—Corporatisation of Metropolitan Train Division

of PTC

5. Definitions
In section 3(1) of the Rail Corporations Act 1996, after the definition of "rights" insert— ' "road" includes street, lane, bridge,
thoroughfare and any other place open to or used by the public for passage with vehicles and includes every carriageway, footpath,
traffic island, nature strip and any area
provided to separate vehicular traffic on any
such street, lane, bridge, thoroughfare or
other place;'.

6. New Division 2A inserted
After Division 2 of Part 2 of the Rail
Corporations Act 1996 insert—
"Division 2A—Met Train 1

18A. Establishment
(1) Met Train 1 is established.
(2) Met Train 1—

(a)

is a body corporate with perpetual succession;

(b) has an official seal;
(c) may sue and be sued;

(d)

may acquire, hold and dispose of real and personal property;

(e)

may do and suffer all acts and things that a body corporate may by law do and suffer.
(3) All courts must take judicial notice of the
seal of Met Train 1 affixed to a document

Rail Corporations (Amendment) Act 1997

s. 6	Act No. 104/1997

and, until the contrary is proved, must
presume that it was duly affixed.
(4) The official seal of Met Train 1 must be kept

in such custody as Met Train 1 directs and
must not be used except as authorised by
Met Train 1.

18B. Met Train 1 not to represent the Crown
Met Train 1 is a public authority but does not represent the Crown.
18C. Objective
The principal objective of Met Train 1 is to perform its functions in an efficient and commercial manner.
18D. Functions and powers
(1) The functions of Met Train 1 are—

(a)

to operate metropolitan rail passenger services;

(b)

to operate services ancillary or incidental to its rail passenger services;

(c)

any other functions conferred on Met Train 1 by this or any other Act.
(2) Met Train 1—

(a) may enter into contracts, agreements, leases and licences for the carrying out of its functions;
(b)
may acquire and operate rail purpose of carrying out its functions;

(c) may engage agents or consultants;
(d) may act as agent of another person;

(e)

may do all things necessary or convenient to be done for, or in

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 6
connection with, carrying out its
functions or achieving its objectives.
(3) Without limiting the generality of the
functions and powers conferred on it, Met
Train 1—

(a) may form, or participate in the formation of, or be a member of companies;
(b)
formation of, and may participate in,
partnerships, trusts, unincorporated
may form, or participate in the for the sharing of profits;
(c) may act as trustee;

(d)
may engage in any business, performance of its functions;

(e) may make its staff and land and other property vested in or managed by it available for engagement or use by other persons.

(4) Met Train 1 may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.
(5) Without limiting, or taking away, any of his or her other powers, the Minister, for and on behalf of the Crown, may be a party to any
agreement providing for the sale,
assignment, transfer or disposal of all or any
part of the property, rights, liabilities,
undertaking or business of Met Train 1 or to
any related franchise or other agreement of
any kind whatsoever.
18E. No obligation to fence

Rail Corporations (Amendment) Act 1997

s. 7	Act No. 104/1997

(1) Despite any Act or rule of law to the contrary, Met Train 1—

(a) is not required to fence or contribute to the fencing of any portion of a railway; and
(b) is not liable for any damage that may be caused by reason of any railway not being fenced in or fenced off.
(2) Met Train 1 may, but is not obliged to, erect and maintain such fences in connection with a railway as it thinks proper.

18F. Power to break up roads, etc.

After consultation with the Roads
Corporation and any relevant municipal
council, Met Train 1—

(a)

may open and break up, and divert traffic from, any road on or adjacent to which there is rail infrastructure that is operated or maintained by Met Train 1; and

(b)

may take possession of, and use, the whole or any portion of such a road.".
7. Definition of "rail corporation"
In the definition of "rail corporation" in section 3(1) of the Rail Corporations Act 1996, after "means" insert "Met Train 1 or".

8. New Division 2B inserted
After proposed Division 2A of Part 2 of the Rail
Corporations Act 1996 insert—
"Division 2B—Met Train 2

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 8
18G. Establishment
(1) Met Train 2 is established.
(2) Met Train 2—

(a)

is a body corporate with perpetual succession;

(b) has an official seal;
(c) may sue and be sued;

(d) may acquire, hold and dispose of real and personal property;
(e) may do and suffer all acts and things that a body corporate may by law do and suffer.
(3) All courts must take judicial notice of the seal of Met Train 2 affixed to a document and, until the contrary is proved, must
presume that it was duly affixed.
(4) The official seal of Met Train 2 must be kept

in such custody as Met Train 2 directs and
must not be used except as authorised by
Met Train 2.

18H. Met Train 2 not to represent the Crown
Met Train 2 is a public authority but does not represent the Crown.
18I. Objective
The principal objective of Met Train 2 is to perform its functions in an efficient and commercial manner.
18J. Functions and powers
(1) The functions of Met Train 2 are—

Rail Corporations (Amendment) Act 1997

s. 8	Act No. 104/1997

(a)

to operate metropolitan rail passenger services;

(b)

to operate services ancillary or incidental to its rail passenger services;

(c)

any other functions conferred on Met Train 2 by this or any other Act.
(2) Met Train 2—

(a) may enter into contracts, agreements, leases and licences for the carrying out of its functions;
(b)
may acquire and operate rail purpose of carrying out its functions;

(c) may engage agents or consultants;
(d) may act as agent of another person;

(e)

may do all things necessary or convenient to be done for, or in connection with, carrying out its functions or achieving its objectives.

(3) Without limiting the generality of the
functions and powers conferred on it, Met
Train 2—

(a) may form, or participate in the formation of, or be a member of companies;
(b)
formation of, and may participate in,
partnerships, trusts, unincorporated
may form, or participate in the for the sharing of profits;

(c) may act as trustee;
Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 8

(d)
may engage in any business, performance of its functions;

(e) may make its staff and land and other property vested in or managed by it available for engagement or use by other persons.

(4) Met Train 2 may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.
(5) Without limiting, or taking away, any of his or her other powers, the Minister, for and on behalf of the Crown, may be a party to any
agreement providing for the sale,
assignment, transfer or disposal of all or any
part of the property, rights, liabilities,
undertaking or business of Met Train 2 or to
any related franchise or other agreement of
any kind whatsoever.
18K. No obligation to fence
(1) Despite any Act or rule of law to the contrary, Met Train 2—

(a) is not required to fence or contribute to the fencing of any portion of a railway; and
(b) is not liable for any damage that may be caused by reason of any railway not being fenced in or fenced off.
(2) Met Train 2 may, but is not obliged to, erect and maintain such fences in connection with a railway as it thinks proper.

18L. Power to break up roads, etc.
Rail Corporations (Amendment) Act 1997

s. 9	Act No. 104/1997

After consultation with the Roads
Corporation and any relevant municipal
council, Met Train 2—

(a)

may open and break up, and divert traffic from, any road on or adjacent to which there is rail infrastructure that is operated or maintained by Met Train 2; and

(b)

may take possession of, and use, the whole or any portion of such a road.".
9. Definition of "rail corporation"
In the definition of "rail corporation" in section 3(1) of the Rail Corporations Act 1996, after "means" insert "Met Train 2 or".

Division 3—Corporatisation of Metropolitan Tram Division

of PTC

10. New Division 2C inserted
After proposed Division 2B of Part 2 of the Rail
Corporations Act 1996 insert—
"Division 2C—Met Tram 1

18M. Establishment
(1) Met Tram 1 is established.
(2) Met Tram 1—

(a)

is a body corporate with perpetual succession;

(b) has an official seal;
(c) may sue and be sued;

(d)

may acquire, hold and dispose of real and personal property;

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 10

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.
(3) All courts must take judicial notice of the seal of Met Tram 1 affixed to a document and, until the contrary is proved, must
presume that it was duly affixed.
(4) The official seal of Met Tram 1 must be kept

in such custody as Met Tram 1 directs and
must not be used except as authorised by
Met Tram 1.

18N. Met Tram 1 not to represent the Crown
Met Tram 1 is a public authority but does not represent the Crown.
18O. Objective
The principal objective of Met Tram 1 is to perform its functions in an efficient and commercial manner.
18P. Functions and powers
(1) The functions of Met Tram 1 are—
(a) to operate metropolitan tram services;

(b)

to operate services ancillary or incidental to its tram services;

(c)

any other functions conferred on Met Tram 1 by this or any other Act.
(2) Met Tram 1—

(a) may enter into contracts, agreements, leases and licences for the carrying out of its functions;
(b)
may acquire and operate tram purpose of carrying out its functions;

Rail Corporations (Amendment) Act 1997

s. 10

Act No. 104/1997

(c) may engage agents or consultants;
(d) may act as agent of another person;

(e)

may do all things necessary or convenient to be done for, or in connection with, carrying out its functions or achieving its objectives.

(3) Without limiting the generality of the
functions and powers conferred on it, Met
Tram 1—

(a) may form, or participate in the formation of, or be a member of companies;
(b)
formation of, and may participate in,
partnerships, trusts, unincorporated
may form, or participate in the for the sharing of profits;
(c) may act as trustee;

(d)
may engage in any business, performance of its functions;

(e) may make its staff and land and other property vested in or managed by it available for engagement or use by other persons.

(4) Met Tram 1 may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.
(5) Without limiting, or taking away, any of his or her other powers, the Minister, for and on behalf of the Crown, may be a party to any

agreement providing for the sale,
assignment, transfer or disposal of all or any
part of the property, rights, liabilities,

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 10
undertaking or business of Met Tram 1 or to
any related franchise or other agreement of
any kind whatsoever.
18Q. No obligation to fence
(1) Despite any Act or rule of law to the contrary, Met Tram 1—

(a) is not required to fence or contribute to the fencing of any portion of a tramway; and
(b) is not liable for any damage that may be caused by reason of any tramway not being fenced in or fenced off.
(2) Met Tram 1 may, but is not obliged to, erect and maintain such fences in connection with a tramway as it thinks proper.

18R. Power to break up roads, etc.

After consultation with the Roads
Corporation and any relevant municipal
council, Met Tram 1—

(a)

may open and break up, and divert traffic from, any road on or adjacent to which there is tram infrastructure that is operated or maintained by Met Tram 1; and

(b)

may take possession of, and use, the whole or any portion of such a road.
18S. Power to install stopping places, etc.
After consultation with the Roads Corporation and any relevant municipal council, Met Tram 1 may install, remove or re-locate stopping places and associated facilities for transport services on any road on or adjacent to which there is tram

Rail Corporations (Amendment) Act 1997

s. 11

Act No. 104/1997

infrastructure that is operated or maintained
by Met Tram 1.".
11. Definition of "rail corporation"
In the definition of "rail corporation" in section 3(1) of the Rail Corporations Act 1996, after "means" insert "Met Tram 1 or".

12. New Division 2D inserted
After proposed Division 2C of Part 2 of the Rail
Corporations Act 1996 insert—
"Division 2D—Met Tram 2

18T. Establishment
(1) Met Tram 2 is established.
(2) Met Tram 2—

(a)

is a body corporate with perpetual succession;

(b) has an official seal;
(c) may sue and be sued;

(d) may acquire, hold and dispose of real and personal property;
(e) may do and suffer all acts and things that a body corporate may by law do and suffer.
(3) All courts must take judicial notice of the seal of Met Tram 2 affixed to a document and, until the contrary is proved, must
presume that it was duly affixed.
(4) The official seal of Met Tram 2 must be kept

in such custody as Met Tram 2 directs and
must not be used except as authorised by
Met Tram 2.

18U. Met Tram 2 not to represent the Crown

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 12
Met Tram 2 is a public authority but does not represent the Crown.
18V. Objective
The principal objective of Met Tram 2 is to perform its functions in an efficient and commercial manner.
18W. Functions and powers
(1) The functions of Met Tram 2 are—
(a) to operate metropolitan tram services;

(b)

to operate services ancillary or incidental to its tram services;

(c)

any other functions conferred on Met Tram 2 by this or any other Act.
(2) Met Tram 2—

(a) may enter into contracts, agreements, leases and licences for the carrying out of its functions;
(b)
may acquire and operate tram purpose of carrying out its functions;

(c) may engage agents or consultants;
(d) may act as agent of another person;

(e)

may do all things necessary or convenient to be done for, or in connection with, carrying out its functions or achieving its objectives.

(3) Without limiting the generality of the
functions and powers conferred on it, Met
Tram 2—

(a)

may form, or participate in the formation of, or be a member of companies;

Rail Corporations (Amendment) Act 1997

s. 12

Act No. 104/1997

(b)
formation of, and may participate in,
partnerships, trusts, unincorporated
may form, or participate in the for the sharing of profits;
(c) may act as trustee;

(d)
may engage in any business, performance of its functions;

(e) may make its staff and land and other property vested in or managed by it available for engagement or use by other persons.

(4) Met Tram 2 may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.
(5) Without limiting, or taking away, any of his or her other powers, the Minister, for and on behalf of the Crown, may be a party to any
agreement providing for the sale,
assignment, transfer or disposal of all or any
part of the property, rights, liabilities,
undertaking or business of Met Tram 2 or to
any related franchise or other agreement of
any kind whatsoever.
18X. No obligation to fence
(1) Despite any Act or rule of law to the contrary, Met Tram 2—

(a)

is not required to fence or contribute to the fencing of any portion of a tramway; and

(b)

is not liable for any damage that may be caused by reason of any tramway not being fenced in or fenced off.

Rail Corporations (Amendment) Act 1997

s. 13
s. 14

Act No. 104/1997

(2) Met Tram 2 may, but is not obliged to, erect and maintain such fences in connection with a tramway as it thinks proper.

18Y. Power to break up roads, etc.

After consultation with the Roads
Corporation and any relevant municipal
council, Met Tram 2—

(a)

may open and break up, and divert traffic from, any road on or adjacent to which there is tram infrastructure that is operated or maintained by Met Tram 2; and

(b)

may take possession of, and use, the whole or any portion of such a road.
18Z. Power to install stopping places, etc.
After consultation with the Roads Corporation and any relevant municipal council, Met Tram 2 may install, remove or re-locate stopping places and associated facilities for transport services on any road on or adjacent to which there is tram infrastructure that is operated or maintained by Met Tram 2.".
13. Definition of "rail corporation"
In the definition of "rail corporation" in section 3(1) of the Rail Corporations Act 1996, after "means" insert "Met Tram 2 or".
Division 4—Transfer of Property

14. Allocation statements
(1) In the definition of "former PTC property" in
section 39(1) of the Rail Corporations Act 1996, after "rail corporation" insert "or another person".

Rail Corporations (Amendment) Act 1997

s. 16

Act No. 104/1997

(2) In section 40(1) of the Rail Corporations Act 1996, after "rail corporation" insert "or another person or other persons nominated by the
Minister".

(3) In section 40(4)(a) of the Rail Corporations Act 1996, omit "identify and".
(4) In section 41(4)(a) of the Rail Corporations Act 1996, omit "identify and".
(5) In section 42(a) and (b) of the Rail Corporations Act 1996, after "rail corporation" insert "or other person or persons".
(6) In section 53(b) of the Rail Corporations Act
1996, omit "between the PTC and Rail Track".
(7) In section 56 of the Rail Corporations Act
1996—
(a) after "PTC" insert "or a rail corporation";

(b)

for "Rail Track" substitute "a rail corporation or other person specified in the direction".

15. Transfer of Crown land
Section 39(3) of the Rail Corporations Act 1996 is repealed.

Division 5—Transfer of Staff

16. Arrangement of Part 3
(1) In the heading to Part 3 of the Rail Corporations

Act 1996, after "PROPERTY" insert "AND
STAFF".

Rail Corporations (Amendment) Act 1997

Act No. 104/1997

(2) After the heading to Part 3 of the Rail

Corporations Act 1996 insert—

"Division 1—Definitions".
(3) After section 39 of the Rail Corporations Act 1996 insert—
"Division 2—Property".

(4) In sections 40(5)(b), 41(5)(b), 43, 50, 51(1),

51(2), 52(1), 52(2), 52(3), 53, 54(1) and 55 for
"this Part" (wherever occurring) substitute "this
Division".

17. Definitions
(1) In section 39(1) of the Rail Corporations Act
1996—

(a) insert the following definitions— ' "new employer", in relation to a
transferred PTC employee, means the rail corporation by which, by virtue of section 58, the transferred PTC
employee is regarded as being
employed with effect from the relevant
date;

"transferred PTC employee" means a
person who, by virtue of section 58, is regarded as being employed by a new employer with effect from the relevant date;';

(b)

in the definitions of "former PTC property" and "former rail corporation property" for "this Part" substitute "Division 2";

(c)

for the definition of "relevant date" substitute—

Rail Corporations (Amendment) Act 1997

s. 17

Act No. 104/1997

' "relevant date"—

(a)
statement under section 40 or 41
or property, rights or liabilities
allocated under such a statement,
means the date fixed by the
in relation to an allocation the purposes of that statement;

(b) in relation to a document referred to in section 57(1), means the date fixed by the Minister under sub-
section (2A) for the purposes of
that document;'.
(2) In section 39 of the Rail Corporations Act 1996, after sub-section (2) insert—
"(2A) The Minister, by notice published in the
Government Gazette, may fix the relevant date for the purposes of a document referred to in section 57(1).
(2B) Despite anything to the contrary in this or

any other Act or in any rule of law, a
building or other improvement of any kind
on land may be transferred to a person in
accordance with Division 2 irrespective of
whether the land—

(a)

is being, has been or is to be transferred to that person; or

(b)

is being, has been or is to be transferred to a different person.
(2C) Despite anything to the contrary in this or
any other Act or in any rule of law, land may be transferred to a person in accordance with Division 2 irrespective of whether a building or other improvement of any kind on the
land—

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 18

(a) is being, has been or is to be transferred to that person; or
(b) is being, has been or is to be transferred to a different person.
(2D) For the purpose of sub-sections (2B) and

(2C), a building or other improvement
situated on land must be taken to be personal
property that is not affixed, within the
meaning of any law relating to real property,
to the land.".

18. New Division 3 inserted
In Part 3 of the Rail Corporations Act 1996, at the end of the Part insert—
"Division 3—Staff

57. List of PTC staff
(1) Before the relevant date, the PTC must
prepare and submit to the Minister a officer or employee, the rail corporation by which he or she is to be regarded as having been employed by virtue of section 58 with effect from the relevant date.
document signed by the chief executive of
the PTC listing officers and employees of the
(2) The document may be amended by

instrument signed by the chief executive of
the PTC and given to the Minister and the
amendment is to be regarded as having
effect, or having had effect, from the relevant
date.

(3) Nothing in this section prevents a person

listed in the document as an officer or
employee of the PTC from resigning or
being dismissed at any time before the

Rail Corporations (Amendment) Act 1997

s. 18

Act No. 104/1997

relevant date in accordance with the terms and conditions of his or her appointment or employment.
58. Transfer of PTC staff
(1) A person listed as an officer or employee of
the PTC in a document under section 57 who
was such an officer or employee
immediately before the relevant date is to be
regarded as—

(a) having been employed by the new employer with effect from the relevant date; and
(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of the PTC; and
(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that
is equivalent to the entitlement that the
person had accrued, as an officer or
employee of the PTC, immediately
before the relevant date.
(2) The service of a transferred PTC employee

as an employee of the new employer is to be
regarded for all purposes as having been
continuous with the service of the employee,
immediately before the relevant date, as an
officer or employee of the PTC.

(3) A transferred PTC employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer
or employee of the PTC because of this Act.

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 18
(4) A certificate purporting to be signed by the chief executive of the PTC certifying that a person named in the certificate was with
effect from the relevant date employed, by virtue of this section, by a rail corporation named in the certificate is admissible in
evidence in any proceedings and is
conclusive proof of the matters stated in it.
59. Future terms and conditions of transferred employees

(1) Nothing in section 58 prevents—

(a) any of the terms and conditions of employment of a transferred PTC employee from being altered by or
under any law, award or agreement with effect from any time after the relevant date; or

(b) a transferred PTC employee from transferring to the employment of another rail corporation at any time
within 6 months after the relevant date
on terms and conditions agreed to by
the employee and that other rail
corporation; or
(c)
a transferred PTC employee from time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer.

(2) The service of a transferred PTC employee

as an employee of another rail corporation to
which he or she transfers as mentioned in
sub-section (1)(b) is to be regarded for all
purposes as having been continuous with the
service of the employee, immediately before

Rail Corporations (Amendment) Act 1997

s. 19

Act No. 104/1997

the relevant date, as an officer or employee of the PTC and with his or her service on or after that date as an employee of the other
rail corporation mentioned in sub-section
(1)(b).
(3) A transferred PTC employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an
employee of a rail corporation, being a
payment or benefit in respect of a period of
service as an officer or employee of the PTC,
if he or she has received a payment or other
benefit in respect of that period by reason of
having ceased to be an employee of another
rail corporation.".

Division 6—Powers of Victorian Rail Track

19. Definitions etc.
(1) In section 3(1) of the Rail Corporations Act
1996—

(a)

for the definition of "railway" substitute— ' "railway track" includes heavy railway
track and light railway track;';

(b) in the definition of "rolling stock"—
(i)  after "railway track" insert "or tramway track";
(ii)  after "rail motor," insert "light rail vehicle,";
(iii)  after "train," insert "tram, light inspection vehicle,";

(c)

after the definition of "rolling stock" insert—

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 20
' "tram infrastructure" means the facilities that are used to operate a tramway and includes, but is not limited to, tramway track, associated track structures and
works (such as cuttings, tunnels,
bridges, stopping places, excavations,
land fill, track support earthworks and
drainage works), over-track structures,
under-track structures, service roads,
signalling systems, rolling stock control
systems, communications systems,
notices and signs, overhead electrical
power supply systems and associated
buildings, workshops, depots, yards,
plant, machinery and equipment, but
does not include rolling stock.'.

(2) Section 3(2) of the Rail Corporations Act 1996
is repealed.

(3) In section 8 of the Rail Corporations Act 1996—

(a) for "(2) All" substitute "(3) All";
(b) for "(3)" substitute "(4)".

20. Functions and powers in relation to tramways
(1) In section 11(1) of the Rail Corporations Act
1996—

(a)

after paragraph (a) insert— "(ab) to establish, manage and maintain
tramways and tram infrastructure;";

(b)

in paragraph (b) after "railways" insert "and tramways";
(c) after paragraph (b) insert—

Rail Corporations (Amendment) Act 1997

s. 21

Act No. 104/1997

"(ba) if directed to do so by the Minister by

Order published in the Government
Gazette—

(i) to operate metropolitan rail
passenger services or metropolitan
tram services;
(ii)
to operate services ancillary or tram services;".
(2) In section 11(2)(b) of the Rail Corporations Act

1996, after "operate" insert "rail infrastructure,
tram infrastructure or".

21. No obligation to fence tramway

In section 13(1) and (2) of the Rail Corporations insert "or tramway".

22. New sections 13A and 13B inserted
After section 13 of the Rail Corporations Act
1996 insert—

"13A. Power to break up roads, etc.

After consultation with the Roads
Corporation and any relevant municipal
council, Rail Track may—

(a)

open and break up, and divert traffic from, any road on or adjacent to which there is rail infrastructure or tram infrastructure that is operated or maintained by it; and

(b)

take possession of, and use, the whole or any portion of such a road.
13B. Power to install stopping places, etc.

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 23
After consultation with the Roads Corporation and any relevant municipal council, Rail Track may install, remove or re-locate stopping places and associated facilities for transport services on any road on or adjacent to which there is tram infrastructure that is operated or maintained by it.".

23. New sections 13C to 13F inserted
After proposed section 13B of the Rail
Corporations Act 1996 insert—

'13C. Acquisition of land
(1) Rail Track may, with the approval of the
Minister, purchase or compulsorily acquire any land which is or may be required by it for, or in connection with, carrying out its functions or achieving its objectives.
(2) The Land Acquisition and Compensation
Act 1986 applies to this Act and for that purpose—

(a)

the Rail Corporations Act 1996 is the special Act; and

(b) Rail Track is the Authority; and

(c) "land" includes strata above or below the surface of land and easements and rights to use land or strata above or
below the surface of the land; and

(d)
and Compensation Act 1986 has
section 75 of the Land Acquisition enter any land and section 75(6) did not apply.

(3) If any right to use land or any right in the nature of an easement or purporting to be an

Rail Corporations (Amendment) Act 1997

s. 23

Act No. 104/1997

easement is acquired by Rail Track, that right is deemed for all purposes to be an easement despite there being no land vested
in Rail Track or its successors which is in
fact benefited or capable of being benefited
by that right.
(4) If by or under this Act any private right of

way or easement is extinguished or any
easement is acquired by Rail Track—

(a)
the Registrar-General is authorised and records of enrolment of any Crown grant or in any memorial that are necessary or expedient in consequence of that extinguishment or acquisition; and

(b)
recordings in the Register that are
necessary or expedient because of that
extinguishment or acquisition and the
holder of any relevant certificate of title
the Registrar of Titles must make any Titles.

(5) Sub-section (4) does not apply to an
easement acquired compulsorily by Rail
Track.
13D. Rail Track may use Crown lands reserved under Crown Land (Reserves) Act 1978

(1) Rail Track may, with the approval of the
Minister administering section 22A of the Land Act 1958 (in this section referred to as "the relevant Minister") given after consultation with any other Ministers concerned with the management or use of the land, use any Crown land for transport purposes.

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 23
(2) If any Crown land proposed to be used for

transport purposes by Rail Track is reserved
under the Crown Land (Reserves) Act 1978
for a purpose which is inconsistent with that
use, Rail Track must not use the land unless
and until the reservation is revoked in
accordance with section 9 of that Act.

(3) Rail Track must make compensation, in
respect of the use under this section by it of any Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose
inconsistent with that use, in the manner and
to the extent agreed by Rail Track and the
relevant Minister.
(4) An agreement under sub-section (3) may provide for—

(a)

the payment by Rail Track of a sum of money agreed by Rail Track and the relevant Minister; or

(b)

the undertaking of works or making of provision by Rail Track in place of any improvements on the land as agreed by Rail Track and the relevant Minister; or

(c)

both matters referred to in paragraphs (a) and (b).
(5) If an agreement under sub-section (3)
provides for the payment of a sum of money,
that money must be paid to the relevant
Minister, unless he or she otherwise directs.
(6) The relevant Minister may direct that money

to be paid under an agreement under sub-
section (3) must be paid to—

(a)

the trustees in whom or the municipal council in which the land is vested; or

Rail Corporations (Amendment) Act 1997

s. 23

Act No. 104/1997

(b) the committee of management
appointed in respect of the land; or

(c)

the authority under whose control and management the land has been placed under section 18 of the Crown Land (Reserves) Act 1978; or

(d)

any other person or persons agreed by Rail Track and the relevant Minister—
and may further direct how the money is to
be applied.
(7) If any dispute arises as to the amount of any

sum of money payable under this section,
that dispute is to be determined by the
Governor in Council.

13E. Grant of unalienated Crown land

(1) If any land vested in Rail Track under this
Act was immediately before its use for transport purposes unalienated land of the Crown, whether set apart as a government road or not, the Governor in Council, on the recommendation of the Minister administering section 22A of the Land Act 1958, may grant that land to Rail Track subject to any conditions, exceptions and reservations that the Governor in Council thinks fit.
(2) Sub-section (1) is subject to section 8 of the
Crown Land (Reserves) Act 1978 and section 349 of the Land Act 1958.
13F. Surplus land
(1) In this section "surplus land" means land

which is vested in Rail Track but which is no
longer required by Rail Track for, or in
connection with, carrying out its functions or
achieving its objectives.

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 23
(2) Rail Track with the approval of the
Minister—
(a) may sell any surplus land; or

(b)

may grant leases of any land even land which was granted to Rail Track or to any other person subject to a trust or
condition requiring it to be used for
some particular purpose or land
temporarily or permanently reserved for
any purpose under the Crown Land
(Reserves) Act 1978 or any previous
Act relating to Crown land; or

(c)

may develop any surplus land and for this purpose may—

(i) subdivide and re-subdivide the
land; or
(ii) consolidate the title to the land; or
(iii) grant or create in favour of any person any easement over the land on any terms and conditions that Rail Track thinks fit; or

(iv)
effect or arrange with other land on any terms and conditions that Rail Track thinks fit; or

(v)
arrange with other persons to
maintain, operate and manage the
land and any buildings, works,
maintain, operate and manage or the land; or
(vi) promote a Property Trust and— (A) with the consent of the
Treasurer, subscribe for or

Rail Corporations (Amendment) Act 1997

s. 23

Act No. 104/1997

otherwise acquire and
dispose of any unit or units
in the Trust; or
(B) enter into arrangements with
the Trust for the
management by Rail Track
of the Trust; or
(C) enter into any contracts with
the Trust that Rail Track
deems necessary to
guarantee to unit holders in
the Trust an agreed return; or
(D) make any loans to the Trust on any terms that Rail Track thinks fit.
(3) Any Property Trust promoted under this

section must provide that the trustees are to
be appointed by the Minister.

(4) In this section "develop" means improve land for any commercial or civic or other public or private purpose and includes the construction, demolition or substantial
alteration of any structure in or on the land
or the excavation of the land.
(5) On Rail Track divesting itself, or being

divested, of its interest in any land on, under
or over which there was constructed a
railway or tramway, the liability (if any) of
Rail Track to—

(a) maintain a railway or tramway on, under or over that land; and
(b)
maintain any bridge bearing a road over any crossing, culvert, drain or stream diversion appurtenant to that land—

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 24
absolutely ceases and determines.'.

24. Declared railway services
(1) In section 3(1) of the Rail Corporations Act

1996, the definitions of "declared railway service"
and "Office" are repealed.

(2) Sections 14 to 18 of the Rail Corporations Act 1996 are repealed.

Division 7—Other Amendments

25. Purpose of Act
In section 1 of the Rail Corporations Act 1996, after "Track" insert "and certain passenger transport corporations".

26. Disclosure of interests

In clause 11 of Schedule 1 to the Rail insert—

"(5)

Sub-clauses (1) and (2) do not apply in relation to a matter relating to an existing or proposed contract of insurance or instrument of indemnity merely because the contract or instrument insures or indemnifies, or would insure or indemnify, a director against a

liability (other than a liability referred to in section 26) incurred by the director as an officer of the rail corporation.".

Division 8—Transitional Provisions

27. New Part 4 substituted
For Part 4 of the Rail Corporations Act 1996 substitute—
"PART 4—MISCELLANEOUS

60. Privatisation of V/Line Freight
Rail Corporations (Amendment) Act 1997

s. 28

Act No. 104/1997

On the commencement of section 4 of the
Rail Corporations (Amendment) Act
1997—
(a) V/Line Freight is abolished;

(b)

all directors of V/Line Freight go out of office;

(c)

the chief executive officer of V/Line Freight goes out of office;
(d) the Public Transport Corporation
established under Part II of the
Transport Act 1983 becomes the
successor in law of V/Line Freight.".
28. New section 61 inserted
In Part 4 of the Rail Corporations Act 1996,
after proposed section 60 insert—
"61. No obligation to fence
(1) The Governor in Council, by Order
published in the Government Gazette, may
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person or body specified in the
Order that—

(a)

has entered into a contract with the Secretary (within the meaning of the Transport Act 1983) on behalf of the Crown for the provision by that person or body of a service carrying passengers by railway or tramway; or

(b)

has taken an assignment of the rights and liabilities of a person or body (other than the Secretary) under a contract referred to in paragraph (a).

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 29
(2) This section also applies to a person or body
to which the rights and liabilities under a contract referred to in sub-section (1) of a person or body specified in an Order made under that sub-section have been assigned.
(3) Despite any Act or rule of law to the

contrary, a person or body to which this
section applies—

(a) is not required to fence or contribute to the fencing of any portion of a railway or tramway; and
(b) is not liable for any damage that may be caused by reason of any railway or tramway not being fenced in or fenced off.
(4) A person or body to which this section

applies may, but is not obliged to, erect and
maintain such fences in connection with a
railway or tramway as it thinks proper.".

29. New section 62 inserted
In Part 4 of the Rail Corporations Act 1996,
after proposed section 61 insert—
"62. Power to break up roads, etc.
(1) The Governor in Council, by Order
published in the Government Gazette, may
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person or body specified in the
Order that—

(a)

has entered into a contract with the Secretary (within the meaning of the Transport Act 1983) on behalf of the Crown for the provision by that person

Rail Corporations (Amendment) Act 1997

s. 30	Act No. 104/1997
or body of a service carrying passengers by railway or tramway; or

(b)

has taken an assignment of the rights and liabilities of a person or body (other than the Secretary) under a contract referred to in paragraph (a).
(2) This section also applies to a person or body
to which the rights and liabilities under a contract referred to in sub-section (1) of a person or body specified in an Order made under that sub-section have been assigned.

(3) After consultation with the Roads

Corporation and any relevant municipal council, a person or body to which this section applies—

(a)

may open and break up, and divert traffic from, any road on or adjacent to which there is rail infrastructure or tram infrastructure that is operated or maintained by that person or body; and

(b)

may take possession of, and use, the whole or any portion of such a road.".
30. New section 63 inserted
In Part 4 of the Rail Corporations Act 1996,
after proposed section 62 insert—
"63. Power to install stopping places, etc.
(1) The Governor in Council, by Order
published in the Government Gazette, may
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person or body specified in the
Order that—

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 30

(a)

has entered into a contract with the Secretary (within the meaning of the Transport Act 1983) on behalf of the Crown for the provision by that person or body of a service carrying passengers by tramway; or

(b)

has taken an assignment of the rights and liabilities of a person or body (other than the Secretary) under a contract referred to in paragraph (a).
(2) This section also applies to a person or body
to which the rights and liabilities under a contract referred to in sub-section (1) of a person or body specified in an Order made under that sub-section have been assigned.

(3) After consultation with the Roads

Corporation and any relevant municipal council, a person or body to which this section applies may install, remove or re-
locate stopping places and associated
facilities for transport services on any road
on or adjacent to which there is tram
infrastructure that is operated or maintained
by that person.".

_______________
Rail Corporations (Amendment) Act 1997

s. 31

Act No. 104/1997

PART 3—AMENDMENT OF TRANSPORT ACT 1983
31. Definitions

No. 9921.

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

Reprint No. 5

as at 1 June

the following definitions—

1997. Further

amended by

' "passenger transport company" means—

Nos 28/1996

and 37/1996.

(a) the Public Transport Corporation; or

(b)	a rail corporation within the meaning of the Rail Corporations Act 1996 that provides a service of carrying passengers by railway or tramway; or
(c)	a person or body that has entered into a contract with the Secretary on behalf of the Crown for the provision by that

person or body of a service carrying
passengers by railway or tramway;
"Rail Track" means Victorian Rail Track

established by Division 2 of Part 2 of the
Rail Corporations Act 1996;'.

32. New section 14A inserted
After section 14 of the Transport Act 1983 insert—

"14A. Withdrawal of certain functions and powers
from PTC
(1) If a person or body is given a function of

providing a transport service of a particular
kind in a particular area and, but for this
section, the Public Transport Corporation
would also have that function in relation to
that kind of transport service in that area, the
Public Transport Corporation does not have
that function and any power or duty that the
Public Transport Corporation has in

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 33
connection with, or as incidental to, the
performance of that function is withdrawn
accordingly.

(2) Sub-section (1) applies—

(a) despite anything to the contrary in this or any other Act; and
(b) where a person or body is given a function—
(i) under Part 2 of the Rail Corporations Act 1996; or
(ii) under a contract entered into with the Secretary on behalf of the Crown; or

(iii)
liabilities under which have been
under a contract rights and behalf of the Crown; or

(iv)
by virtue of, or in connection or liabilities to that person or body under Division 2 of Part 3 of the Rail Corporations Act 1996.".

33. Loop developments

(1) In section 54(1), (2), (4), (5) and (6) of the

Transport Act 1983, for "the Public Transport
Corporation" substitute "Rail Track".
(2) In section 54(1) and (2)(c) of the Transport Act

1983, for "that Corporation" substitute "Rail
Track".

34. Authorised officers
(1) In section 211 of the Transport Act 1983, after sub-section (2) insert—

Rail Corporations (Amendment) Act 1997

s. 34

Act No. 104/1997

"(3) The Secretary may only appoint under sub- section (1) a person whom the Secretary is satisfied—

(a) is competent to exercise the functions conferred on an authorised officer; and
(b) is of good repute, having regard to character, honesty and integrity; and
(c) has agreed in writing to exercise the functions conferred on an authorised officer according to performance
criteria established from time to time by
the Secretary.
(4) The Secretary must issue an identity card to

any person appointed by him or her under
sub-section (1).

(5) An identity card under sub-section (4)
must—

(a) contain a photograph of the authorised officer; and
(b) contain the signature of the authorised officer; and
(c) be signed by an officer of the Department authorised by the Secretary to do so either generally or in any particular case.
(6) A person issued with an identity card under

sub-section (4) must produce it on being
requested to do so.
Penalty: 5 penalty units.

(7) Any action taken or thing done by an

authorised officer is not invalidated by his or
her failure to produce his or her identity
card.

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 34
(8) A person must not falsely represent himself

or herself to be an authorised officer.
Penalty: 10 penalty units.".

(2) In section 218B of the Transport Act 1983, after sub-section (1A) insert—
"(1B) The Secretary may only appoint under sub- section (1) a person whom the Secretary is satisfied—

(a) is competent to exercise the functions conferred on an authorised officer; and
(b) is of good repute, having regard to character, honesty and integrity; and
(c) has agreed in writing to exercise the functions conferred on an authorised officer according to performance
criteria established from time to time by
the Secretary.
(1C) The Secretary must issue an identity card to

any person appointed by him or her under
sub-section (1).

(1D) An identity card under sub-section (1C)
must—

(a)

contain a photograph of the authorised officer; and

(b)

contain the signature of the authorised officer; and

(c)

be signed by an officer of the Department authorised by the Secretary to do so either generally or in any particular case.

Rail Corporations (Amendment) Act 1997

s. 35

Act No. 104/1997

(1E) A person issued with an identity card under

sub-section (1C) must produce it on being
requested to do so.
Penalty: 5 penalty units.

(1F) Any action taken or thing done by an

authorised officer is not invalidated by his or
her failure to produce his or her identity
card.

(1G) A person must not falsely represent himself

or herself to be an authorised officer.
Penalty: 10 penalty units.".

35. Travelling without valid ticket
(1) In section 221(1)(b) of the Transport Act 1983,

for "the Public Transport Corporation" substitute
"a passenger transport company".

(2) In section 221(6) of the Transport Act 1983, for "the Public Transport Corporation" substitute "a passenger transport company".
(3) In section 221(7) of the Transport Act 1983—

(a)

for "the Public Transport Corporation" substitute "a passenger transport company";

(b)

for "that Corporation" (wherever occurring) substitute "that company".

36. New sections 221A and 221B inserted
After section 221 of the Transport Act 1983 insert—

"221A. Authorized persons
(1) The Secretary may only authorise under

section 221(1)(c) a person whom the
Secretary is satisfied—

(a)

is competent to exercise the functions conferred on an authorized person; and

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 36

(b) is of good repute, having regard to character, honesty and integrity; and
(c) has agreed in writing to exercise the functions conferred on an authorized person according to performance
criteria established from time to time by
the Secretary; and
(d) is employed or engaged by a passenger transport company that has in place a system for the management of authorized persons that is accredited by the Secretary under Division 4A as being adequate for the purposes of section 221.
(2) The Secretary must issue an identity card to

any person authorised by him or her under
section 221(1)(c).

(3) An identity card under sub-section (2)
must—

(a) contain a photograph of the authorized person; and
(b) contain the signature of the authorized person; and
(c) be signed by an officer of the Department authorised by the Secretary to do so either generally or in any particular case.
(4) A person issued with an identity card under

sub-section (2) must produce it on being
requested to do so.
Penalty: 5 penalty units.

(5) Any action taken or thing done by an authorized person is not invalidated by his or

Rail Corporations (Amendment) Act 1997

s. 36

Act No. 104/1997

her failure to produce his or her identity
card.
(6) A person must not falsely represent himself

or herself to be an authorized person.
Penalty: 10 penalty units.

(7) The Secretary may at any time, by written

notice served on the authorized person,
revoke an authorisation under section
221(1)(c) if satisfied that—

(a) the authorized person has on any occasion in exercising his or her functions acted unreasonably or abused

his or her power; or

(b) the authorized person has been convicted or found guilty of an offence of a kind that, in the opinion of the Secretary, renders it inappropriate that he or she continue as an authorized person; or
(c)
connection with the granting of the
the authorized person has, in information.

(8) An authorisation under section 221(1)(c)

ceases to exist by force of this sub-section
if—

(a)
which the authorized person is
the passenger transport company by accredited for the purposes of section 221; or

(b)

the authorized person ceases to be employed or engaged by that company.

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 37
(9) An authorized person may apply to the Administrative Appeals Tribunal for a review of a decision by the Secretary under
sub-section (7) to revoke his or her
authorisation.

221B. Application by proposed employee

(1) A person who is seeking, or proposing to
seek, to become employed or engaged by a passenger transport company may apply to the Secretary for a certificate as to whether or not, in the opinion of the Secretary, that person meets the criteria specified in section
221A(1)(a) and (b).
(2) An application—

(a)

must be made in the manner and form determined by the Secretary;

(b) must be accompanied by—
(i) the prescribed application fee;
(ii) any other things that are prescribed.

(3) The Secretary may require an applicant—

(a) to furnish further information specified by the Secretary; or
(b)
to verify, by statutory declaration, of the application.".

37. New Division 4A inserted in Part VII
After Division 4 of Part VII of the Transport Act
1983 insert—
"Division 4A—Accreditation of passenger
transport companies

228A. Application for accreditation
Rail Corporations (Amendment) Act 1997

s. 37

Act No. 104/1997

(1) A passenger transport company may apply to

the Secretary for accreditation for the
purposes of section 221.

(2) An application—

(a)

must be made in the manner and form determined by the Secretary;

(b) must be accompanied by—
(i) the prescribed application fee;
(ii) any other things that are prescribed.

(3) The Secretary may require an applicant for accreditation—

(a) to furnish further information specified by the Secretary; or
(b)
to verify, by statutory declaration, of the application.
228B. Matters to be considered by Secretary
In determining whether to give an accreditation, the Secretary must consider—

(a)

the system that the applicant has in place, or proposes to have in place, for the management of authorized persons; and

(b) any matters that are prescribed.

228C. Giving or refusal of accreditation

(1) The Secretary may give or refuse to give an accreditation.
(2) If the Secretary refuses to give an
accreditation, the Secretary must notify the

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 37
applicant in writing of the refusal and the
reasons for it.
228D. Conditions of accreditation
(1) An accreditation is subject to—
(a) any prescribed condition;

(b) any other condition imposed by the Secretary.
(2) Particulars of an accreditation and of the conditions to which it is subject are to be given in writing by the Secretary to the
accredited company.

228E. Change of conditions etc.
(1) The Secretary may at any time vary or

revoke a condition of an accreditation or
impose a new condition.

(2) The Secretary may act under sub-section
(1)—
(a) of his or her own initiative; or

(b) on the written application of the accredited company.
(3) Except where the Secretary considers it

necessary to take action in the interests of
public safety, the Secretary must, before
taking action under sub-section (2)(a), give
the accredited company written notice of the
intended action and allow it to make written
representations about the intended action
within 10 working days.

Rail Corporations (Amendment) Act 1997

s. 37

Act No. 104/1997

(4) Particulars of any action taken under sub-

section (1) are to be given in writing by the
Secretary to the accredited company.

228F. Duration of accreditation
(1) An accreditation remains in force for the prescribed period unless—

(a) the accreditation is sooner cancelled or surrendered; or
(b) that period is shortened under section 228N(3)(b)(iii).
(2) The Secretary may give a temporary

accreditation for a period of less than 12
months.

228G. Requirement to notify Secretary about
charges, etc.
If at any time while an accreditation is in force—

(a)

the accredited company becomes aware that an authorized person employed or engaged by it has been convicted or found guilty of an offence or has been charged with an offence and the charge has not been finally disposed of; and

(b)

particulars of that conviction, finding or charge have not previously been given by the accredited company to the Secretary—
the accredited company must immediately
notify the Secretary of the particulars of that
conviction, finding or charge.
Penalty: 10 penalty units.

228H. Periodical returns
Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 37

(1) A company that holds an accreditation (other
each prescribed period, lodge with the
than a temporary accreditation) must, for containing the prescribed information.
(2) If an accredited company fails to comply

with sub-section (1), the Secretary may, by
notice in writing served on it, require that
company to make good the default.

(3) If an accredited company fails to comply

with a notice under sub-section (2) within 14
days after service of the notice, the
accreditation is, by force of this sub-section,
suspended until it complies with the notice.

(4) If an accredited company fails to comply

with a notice under sub-section (2) within 6
months after service of the notice, the
accreditation is, by force of this sub-section,
cancelled.

228I. Application for renewal of accreditation
(1) An accredited company (other than the
holder of a temporary accreditation) may apply to the Secretary for renewal of the accreditation.
(2) The holder of a temporary accreditation may, within the period of 2 years beginning at the commencement of section 37 of the Rail
Corporations (Amendment) Act 1997, apply to the Secretary for renewal of the temporary accreditation.
(3) A renewal application—

(a)

must be made in the manner and form determined by the Secretary;

(b) must be accompanied by—

Rail Corporations (Amendment) Act 1997

s. 37

Act No. 104/1997

(i) the prescribed renewal application
fee;
(ii) any other things that are prescribed.
(4) A renewal application must be made not later than the prescribed number of days before the expiry of the accreditation.
(5) Despite sub-section (4), the Secretary may consider a renewal application made later than the time applying under sub-section (4)
if the applicant pays the prescribed late
renewal application fee.
(6) The Secretary may refuse to consider a

renewal application made earlier than the
day prescribed for the purposes of this sub-
section.

228J. Renewal of accreditation
(1) The Secretary may renew or refuse to renew an accreditation.
(2) On renewing an accreditation the Secretary
may—
(a) renew it as then in force; or

(b) vary or revoke any of the conditions to which the accreditation is subject; or
(c) impose a new condition on the accreditation.
(3) Particulars of the renewal of an accreditation

and of the conditions to which it is subject
are to be given in writing by the Secretary to
the accredited company.

(4) A renewed accreditation remains in force for the prescribed period unless—

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 37

(a)

the accreditation is sooner cancelled or surrendered; or

(b)

that period is shortened under section 228N(3)(b)(iii).
(5) If the Secretary refuses to renew an
accreditation, the Secretary must notify the
accredited company in writing of the refusal
and the reasons for it.
228K. Nature of accreditation
(1) An accreditation—
(a) is personal to the accredited company;

(b) is not capable of being transferred or assigned to any other person or, subject to sub-section (3), otherwise dealt with by the accredited company;
(c) does not vest by operation of law in any other person.
(2) A purported transfer or assignment of an

accreditation and any other purported
dealing by the accredited company with an
accreditation (otherwise than under and in
accordance with sub-section (3)) is of no
effect.

(3) An accredited company may, with the
consent of the Secretary and in accordance
with the regulations, surrender an
accreditation.
(4) This section has effect despite anything in any Act or rule of law to the contrary.

228L. False or misleading information

(1) A passenger transport company must not in,

or in relation to, an application for
accreditation or for the renewal of an

Rail Corporations (Amendment) Act 1997

s. 37

Act No. 104/1997

accreditation give information that is false or
misleading in a material particular.
Penalty: 60 penalty units.
(2) In a proceeding for an offence against sub- section (1) it is a defence to the charge for the accused to prove that at the time at which
the offence is alleged to have been
committed, the accused believed on
reasonable grounds—

(a) in the case of false information—that the information was true; or
(b)
in the case of misleading information— misleading.
228M. Secretary not liable for giving accreditation
No liability attaches to the Secretary for giving an accreditation to any passenger transport company under this Division.

228N. Supervision of accredited companies
(1) The Secretary may hold an inquiry for the

purpose of determining whether proper cause
exists for taking action against a passenger
transport company that is, or has been, an
accredited company.

(2) There is proper cause for taking action
against a passenger transport company that is, or has been, an accredited company if—

(a)

the company has failed to maintain an adequate system for the management of authorized persons; or

(b)

the company obtained the accreditation improperly.

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 37
(3) If, following an inquiry, the Secretary is

satisfied that proper cause for taking action
against the passenger transport company
exists, the Secretary has power to do one or
more of the following—

(a) reprimand the company;
(b) if the company is accredited—
(i)  warn the company that should further proper cause for taking action be found to exist, the
company may be disqualified from holding an accreditation;
(ii)  impose one or more new conditions on the accreditation;
(iii)  shorten the period for which the accreditation is to remain in force;

(iv)
specified period or until a
specified event or until a further
suspend the accreditation for a Secretary;

(v)
cancel the accreditation specified later date;

(c)

disqualify the company from holding an accreditation—
(i) until a specified event; or
(ii) until a further determination made by the Secretary.

(4) The Secretary may exercise the powers

conferred by this section in relation to
conduct occurring before or after the
commencement of section 37 of the Rail
Corporations (Amendment) Act 1997.

Rail Corporations (Amendment) Act 1997

s. 37

Act No. 104/1997

228O. Procedure and powers
(1) In exercising his or her powers under section 228N, the Secretary—

(a)

must act fairly and according to equity and good conscience without regard to technicalities or legal forms;

(b)

is not required to conduct himself or herself in a formal manner;

(c)

is not bound by rules or practice as to evidence but may inform himself or herself in relation to any matter in any manner that he or she thinks fit.

(2) For the purpose of and in connection with
any inquiry under section 228N, the sections 14, 15, 16, 20, 20A and 21A of the Evidence Act 1958 on a board appointed by the Governor in Council and those sections apply as if the Secretary were the sole member of the board.
(3) Subject to this Division and the regulations,

the procedure of the Secretary on or in
connection with an inquiry under section
228N is in his or her discretion.

228P. Immediate power of suspension

(1) The Secretary may, subject to and in
holding an inquiry under section 228N,
immediately suspend an accreditation given
to a passenger transport company under this

accordance with the regulations, without necessary to do so in the interests of public safety.
(2) A suspension under this section may be for a
specified period or until a specified event or

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 38
until a further determination made by the
Secretary.

(3) A passenger transport company whose
section may, by notice served on the
accreditation has been suspended under this inquiry under section 228N.
(4) The Secretary must commence an inquiry under section 228N within 7 days after the service on him or her of a notice under sub-
section (3).
(5) If an inquiry is held under section 228N, a

suspension under this section, if then still in
effect, ceases to have effect on the
completion of that inquiry.

(6) Nothing in this section limits any power of the Secretary under section 228N.
228Q. Effect of suspension
A passenger transport company whose accreditation is suspended is not accredited during the period of suspension.

228R. Review by AAT
A passenger transport company may apply to the Administrative Appeals Tribunal for review of a decision by the Secretary under this Division in relation to—

(a)

an application for accreditation or renewal of an accreditation; or

(b) an accreditation; or

(c)

a passenger transport company that is, or has been, accredited under this Division.".

38. Tourist railways

Rail Corporations (Amendment) Act 1997

s. 38

Act No. 104/1997

In section 248 of the Transport Act 1983—

(a)
in paragraph (a), for "the Public Transport transport company or Rail Track";

(b)

in paragraph (b)(ii) and (iii), for "the Public Transport Corporation" substitute "a passenger transport company".

_______________
Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 39

PART 4—AMENDMENT OF OTHER ACTS

39. Border Railways Act 1922 No. 3194.
Amended by

(1) For the definition of "Authority" in section 4 of the Border Railways Act 1922 substitute— Nos 9921,
9956 and
31/1994.
' "Authority" means Victorian Rail Track

established by Division 2 of Part 2 of the
Rail Corporations Act 1996;'.

(2) In section 4 of the Border Railways Act 1922, at

the end of the section insert—
"(2) On the commencement of section 39 of the

Rail Corporations (Amendment) Act 1997, Victorian Rail Track becomes the successor in law of the Public Transport Corporation as the Authority under and for
the purposes of this Act and the Agreement section—
and, without limiting the generality of this
provision, on that commencement Victorian

(a)
arrangement or contract to which the
Public Transport Corporation as the
be substituted as a party to any before that commencement; and

(b)
proceedings pending in any court or
tribunal to which the Public Transport
Corporation as the Authority was a
be substituted as a party to any commencement.".

Rail Corporations (Amendment) Act 1997

s. 40	Act No. 104/1997
No. 13/1987.	40. Borrowing and Investment Powers Act 1987
Reprint No. 4
as at 12	In Schedule 1 to the Borrowing and Investment
September	Powers Act 1987, after item 8 insert—
1997.

"8A. Met Train 1 5, 8, 10, 11, 11AA, 11AB,
13, 14, 14A, 15, 20, 20A
and 21
8B. Met Train 2 5, 8, 10, 11, 11AA, 11AB,
13, 14, 14A, 15, 20, 20A
and 21
8C. Met Tram 1 5, 8, 10, 11, 11AA, 11AB,
13, 14, 14A, 15, 20, 20A
and 21
8D. Met Tram 2 5, 8, 10, 11, 11AA, 11AB,
13, 14, 14A, 15, 20, 20A
and 21.".

No. 6228.	41. Country Fire Authority Act 1958
Reprint No. 7
as at
7 November	In section 3 of the Country Fire Authority Act
1996. Further	1958, in the definition of "heat engine" after
amended by
Nos 59/1996,	"Corporation" insert "or Victorian Rail Track
24/1997 and	established by Division 2 of Part 2 of the Rail
36/1997.	Corporations Act 1996".
No. 6231.	42. Crimes Act 1958
Reprint No. 13
as at 5 June
1997. Further	In Form 21 in the Sixth Schedule to the Crimes
amended by	Act 1958, for "the Public Transport Corporation"
Nos 66/1996,
26/1997,	(where twice occurring) substitute "C.D.".
30/1997, 44/1997 and 48/1997.
No. 22/1991.	43. Docklands Authority Act 1991
Reprinted to No. 107/1995. Further	In section 28(2) of the Docklands Authority Act
amended by	1991—
Nos 9/1996
and 73/1996.	(a) after "Public Transport Corporation" insert ", Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996";

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 44

(b)

for "Authority or Corporation" substitute "Corporation, Authority or other body".

44. Emergency Management Act 1986

No. 30/1986. Reprinted to

In section 22 of the Emergency Management No. 97/1994.
Act 1986, at the end of the section insert—
"(2) For the purposes of this Part, a rail
corporation within the meaning of the Rail Corporations Act 1996 is deemed to be a government agency.
(3) Sub-section (2) does not prevent a rail
corporation deemed by that sub-section to be
a government agency from receiving
compensation under section 24 for the taking
and use of its property.".

45. Essential Services Act 1958 No. 6244.
Reprint No. 4

In section 3 of the Essential Services Act 1958, as at 15 May
1997.

in the definition of "essential service" for "the passenger transport company within the meaning of the Transport Act 1983, a rail corporation within the meaning of the Rail Corporations Act 1996".

46. Estate Agents Act 1980 No. 9428.
Reprint No. 5

In section 5(1)(b) of the Estate Agents Act 1980, as at 23
January 1997.
after "Public Transport Corporation," insert
"Victorian Rail Track established by Division 2 of
Part 2 of the Rail Corporations Act 1996,".

47. Fences Act 1968 No. 7733.
Reprint No. 5

In section 19(4) of the Fences Act 1968, after as at 22
August 1997.
"1983" insert "or a passenger transport company
within the meaning of that Act or in a rail
corporation within the meaning of the Rail
Corporations Act 1996".

Rail Corporations (Amendment) Act 1997

s. 48	Act No. 104/1997
No. 9667.	48. Historic Buildings Act 1981
Reprinted to
No. 62/1991	In section 3 of the Historic Buildings Act 1981,
and	in the definition of "public authority" after "Public
subsequently
amended by	Transport Corporation," insert "Victorian Rail
Nos 126/1993,	Track established by Division 2 of Part 2 of the
130/1993,
31/1994,	Rail Corporations Act 1996,".
49/1994, 53/1994, 110/1994, 112/1994, 31/1995, 56/1995, 82/1995, 93/1995, 100/1995 and
71/1996.
No. 6284.	49. Land Act 1958
Reprint No. 8
as at 1
February	(1) In section 341(1)(c) of the Land Act 1958, after

1997. "Corporation" insert "or Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996".

(2) In section 348 of the Land Act 1958—

(a) after "Corporation" (where first occurring) insert "or Victorian Rail Track established by Division 2 of Part 2 of the Rail
Corporations Act 1996";

(b)
after "Corporation" (where secondly (as the case requires)".

(3) In section 355 of the Land Act 1958, after

"Corporation" insert "or Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996".

No. 6295.	50. Limitation of Actions Act 1958
Reprinted to
No. 120/1993.	In section 7A of the Limitation of Actions Act 1958—

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 51

(a)

after "1983" insert "or of Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996";

(b)

after "that Corporation" insert "or Victorian Rail Track (as the case requires)".

51. Melbourne and Metropolitan Board of Works Act No. 6310.
Reprint No. 8
1958 as at 17 April 1997. Further

(1) In section 149 of the Melbourne and amended by

Metropolitan Board of Works Act 1958— Nos 38/1997
and 45/1997.

(a) for "the Public Transport Corporation" (where first occurring) substitute "a passenger transport company within the meaning of the Transport Act 1983 or a rail corporation within the meaning of the Rail Corporations Act 1996";
(b)
for "the Public Transport Corporation" company or corporation";

(c) for "the Public Transport Corporation" (where thirdly occurring) substitute "a passenger transport company or rail
corporation";

(d)

for "objections it have" substitute "objections it has".

(2) In section 259(1) of the Melbourne and

Metropolitan Board of Works Act 1958, in the
definition of "public corporation" after "Public
Transport Corporation," insert "Victorian Rail
Track established by Division 2 of Part 2 of the
Rail Corporations Act 1996,".

(3) In section 276(7) of the Melbourne and

Metropolitan Board of Works Act 1958—

(a)

for "the Public Transport Corporation" substitute "a passenger transport company

Rail Corporations (Amendment) Act 1997

s. 52

Act No. 104/1997

within the meaning of the Transport Act
1983 or Victorian Rail Track established by
Division 2 of Part 2 of the Rail
Corporations Act 1996";

(b) for "them" substitute "it".

No. 107/1995.

52. Melbourne City Link Act 1995

Reprint No. 1 as at 8 August 1997.

1995, in the definition of "public body" after

In section 3 of the Melbourne City Link Act "(g) a passenger transport company within the

meaning of the Transport Act 1983;".

No. 8702.	53. National Parks Act 1975
Reprint No. 6
as at 12
September	(1) In section 3(2) of the National Parks Act 1975,
1997.

after "Public Transport Corporation" insert of Part 2 of the Rail Corporations Act 1996,".
(2) In section 28 of the National Parks Act 1975, for

"The Public Transport Corporation" substitute
"Victorian Rail Track established by Division 2 of
Part 2 of the Rail Corporations Act 1996".

No. 7541.	54. Pipelines Act 1967
Reprinted to
No. 52/1994.	(1) In section 32(1)(i) of the Pipelines Act 1967, after "Corporation" insert "and Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996".
(2) In section 32(1)(ii) of the Pipelines Act 1967, after "Corporation" insert "and Victorian Rail Track established by Division 2 of Part 2 of the

Rail Corporations Act 1996".
(3) In section 32(2) of the Pipelines Act 1967, after

"Public Transport Corporation" insert ", Victorian
Rail Track".

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 55
(4) In section 32(3) of the Pipelines Act 1967, after

"Public Transport Corporation" insert ", Victorian
Rail Track,".

55. Survey Co-ordination Act 1958 No. 6388.
Reprinted to

In section 23 of the Survey Co-ordination Act No. 56/1995.
1958, in paragraph (b) of the definition of "public
authority" after "the Public Transport
Corporation," insert "Victorian Rail Track
established by Division 2 of Part 2 of the Rail
Corporations Act 1996,".

56. Transport Accident Act 1986

No. 111/1986. Reprint No. 4

(1) In section 3(1) of the Transport Accident Act
1986, after the definition of "injury" insert—
' "manage", in relation to a railway or tramway,
as at 10 April
1997.
means responsible for providing access to
railway trains or trams to operate on the
railway or tramway;'.

(2) In section 64(2) of the Transport Accident Act
1986—

(a)

after "Victoria" insert "and the person who manages a railway or tramway in Victoria";

(b)

for "that Authority or person" substitute "it or on a railway or tramway managed by it (as the case requires)".

(3) In section 94(1)(b) of the Transport Accident
Act 1986, after "tram" (where first occurring) insert ", and the manager of the railway or tramway on which a railway train or tram is operated,".

(4) In section 94(2)(b) of the Transport Accident Act 1986, omit "113 or".
(5) Section 113 of the Transport Accident Act 1986
is repealed.

Rail Corporations (Amendment) Act 1997

s. 56

Act No. 104/1997

(6) In section 115 of the Transport Accident Act 1986, for sub-sections (1) and (2) substitute— "(1) The Commission may enter into an
agreement with the manager of a railway or
tramway in relation to the payment of
charges for the purposes of this Act in
respect of the operation of railway trains or
trams on that railway or tramway.
(2) A person must not provide access to a
railway or tramway to the owner or operator
of a railway train or a tram if there is not in
force an agreement under sub-section (1) in
relation to that railway or tramway.
(2A) A person who is seeking to enter into an
agreement with the Commission under sub- section (1), or who has entered into such an agreement, must furnish to the Commission any documents and other information that
the Commission may reasonably require in
order to enable it to determine the amount of
charges payable for the purposes of this Act
in respect of the operation of railway trains
or trams on a railway or tramway.".

(7) In section 115(3) of the Transport Accident Act 1986, after "(2)" insert "or (2A)".
(8) In section 115 of the Transport Accident Act

1986, after sub-section (3) insert—
"(4) An agreement under section 113 or sub-

section (1) in force immediately before the continues in force with respect to a railway or tramway until—
commencement of section 56 of the Rail

Rail Corporations (Amendment) Act 1997

Act No. 104/1997 s. 57

(a)

an agreement is made under sub-section (1) with the manager of that railway or tramway; or

(b)

the date on which it expires under the terms of the agreement—
whichever is the sooner, despite the
commencement of that section and despite
anything to the contrary in the agreement.".

57. Treasury Corporation of Victoria Act 1992

No. 80/1992. Reprinted to

(1) In section 36A of the Treasury Corporation of Victoria Act 1992, in the definition of "public

No. 100/1995. Further
amended by

authority", after "Grain Elevators Board," insert Nos 73/1996, 79/1996 and
"Met Train 1, Met Train 2, Met Tram 1, Met Tram 35/1997.
2,".

(2) In Schedule 1 to the Treasury Corporation of

Victoria Act 1992, after the entry relating to
Victorian Channels Authority insert—

"Met Train 1 Rail Corporations

Act 1996

Met Train 2 Rail Corporations
Act 1996
Met Tram 1 Rail Corporations
Act 1996
Met Tram 2 Rail Corporations
Act 1996".

58. Water Act 1989

No. 80/1989. Reprint No. 3

(1) In section 241 of the Water Act 1989, after sub- section (2) insert— as at 28 July
1997.
"(2A) If land in respect of which a right of access is sought is owned by Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996, the notice required under section 234(1) must be served
on Victorian Rail Track, and Victorian Rail

Rail Corporations (Amendment) Act 1997

s. 59

Act No. 104/1997

Track may enter into an agreement under section 234 with the person seeking the right of access.".
(2) In section 241(3) and (4) of the Water Act 1989,

for "or the Public Transport Corporation"
substitute ", the Public Transport Corporation or
Victorian Rail Track".

No. 46/1989.	59. Wheat Marketing Act 1989
Reprint No. 1
as at
31 October	In section 7(6) of the Wheat Marketing Act
1996.	1989, for "the Public Transport Corporation" substitute "a person or body operating rail freight services".

═══════════════
Rail Corporations (Amendment) Act 1997

Act No. 104/1997 Notes

NOTES

†
Minister's second reading speech—
Legislative Assembly: 30 October 1997
Legislative Council: 20 November 1997
The long title for the Bill for this Act was "to reform the public transport
system in Victoria, to amend the Rail Corporations Act 1996, the
Transport Act 1983 and certain other Acts and for other purposes."

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Rail Corporations (Amendment) Act 1997 (Vic)

Cases Citing This Decision

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Statutory Material Cited

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3.	V/Line Freight functions	3
4.	Repeal of provisions relating to V/Line Freight	3

5.	Definitions	4
6.	New Division 2A inserted	4
Division 2A—Met Train 1	4

18A.	Establishment	4
18B.	Met Train 1 not to represent the Crown	5
18C.	Objective	5
18D.	Functions and powers	5
18E.	No obligation to fence	6
18F.	Power to break up roads, etc.	7

7.	Definition of "rail corporation"	7
8.	New Division 2B inserted	7
Division 2B—Met Train 2	7

18G.	Establishment	8
18H.	Met Train 2 not to represent the Crown	8
18I.	Objective	8
18J.	Functions and powers	8
18K.	No obligation to fence	10
18L.	Power to break up roads, etc.	10

10.	New Division 2C inserted	11
Division 2C—Met Tram 1	11
18M. Establishment	11

18N.	Met Tram 1 not to represent the Crown	12
18O.	Objective	12
18P.	Functions and powers	12
18Q.	No obligation to fence	14
18R.	Power to break up roads, etc.	14
18S.	Power to install stopping places, etc.	14

11.	Definition of "rail corporation"	15
12.	New Division 2D inserted	15
Division 2D—Met Tram 2	15

18T.	Establishment	15
18U.	Met Tram 2 not to represent the Crown	15
18V.	Objective	16
18W.	Functions and powers	16
18X.	No obligation to fence	17
18Y.	Power to break up roads, etc.	18
18Z.	Power to install stopping places, etc.	18

16.	Arrangement of Part 3	19
"Division 1—Definitions".	20
"Division 2—Property".	20
17.	Definitions	20
18.	New Division 3 inserted	22
Division 3—Staff	22

57.	List of PTC staff	22
58.	Transfer of PTC staff	23
59.	Future terms and conditions of transferred employees	24

19.	Definitions etc.	25
20.	Functions and powers in relation to tramways	26
21.	No obligation to fence tramway	27
22.	New sections 13A and 13B inserted	27

13A.	Power to break up roads, etc.	27
13B.	Power to install stopping places, etc.	27

13C.	Acquisition of land	28
13D.	Rail Track may use Crown lands reserved under Crown
Land (Reserves) Act 1978	29
13E.	Grant of unalienated Crown land	31
13F.	Surplus land	31

33.	Loop developments	40
34.	Authorised officers	40
35.	Travelling without valid ticket	43
36.	New sections 221A and 221B inserted	43
221A. Authorized persons	43

37.	New Division 4A inserted in Part VII	46
Division 4A—Accreditation of passenger transport
companies	46
228A. Application for accreditation	46

228B.	Matters to be considered by Secretary	47
228C.	Giving or refusal of accreditation	47

228F.	Duration of accreditation	49
228G.	Requirement to notify Secretary about charges, etc.	49

228I.	Application for renewal of accreditation	50
228J.	Renewal of accreditation	51

39.	Border Railways Act 1922	58
40.	Borrowing and Investment Powers Act 1987	59
41.	Country Fire Authority Act 1958	59
42.	Crimes Act 1958	59
43.	Docklands Authority Act 1991	59
44.	Emergency Management Act 1986	60
45.	Essential Services Act 1958	60
46.	Estate Agents Act 1980	60
47.	Fences Act 1968	60
48.	Historic Buildings Act 1981	61
49.	Land Act 1958	61
50.	Limitation of Actions Act 1958	61
51.	Melbourne and Metropolitan Board of Works Act 1958	62
52.	Melbourne City Link Act 1995	63
53.	National Parks Act 1975	63
54.	Pipelines Act 1967	63
55.	Survey Co-ordination Act 1958	64
56.	Transport Accident Act 1986	64
57.	Treasury Corporation of Victoria Act 1992	66
58.	Water Act 1989	66
59.	Wheat Marketing Act 1989	67

(d)	may acquire, hold and dispose of real and personal property;
(e)	may do and suffer all acts and things that a body corporate may by law do and suffer.

(a)	to operate metropolitan rail passenger services;
(b)	to operate services ancillary or incidental to its rail passenger services;
(c)	any other functions conferred on Met Train 1 by this or any other Act.

(a)	may enter into contracts, agreements, leases and licences for the carrying out of its functions;
(b)

Act No. 104/1997	s. 6
connection with, carrying out its functions or achieving its objectives.

(a)	may form, or participate in the formation of, or be a member of companies;
(b)	formation of, and may participate in, partnerships, trusts, unincorporated

(a)	is not required to fence or contribute to the fencing of any portion of a railway; and
(b)	is not liable for any damage that may be caused by reason of any railway not being fenced in or fenced off.

(a)	may open and break up, and divert traffic from, any road on or adjacent to which there is rail infrastructure that is operated or maintained by Met Train 1; and
(b)	may take possession of, and use, the whole or any portion of such a road.".

(b)	in the definitions of "former PTC property" and "former rail corporation property" for "this Part" substitute "Division 2";
(c)	for the definition of "relevant date" substitute—

(b)	in relation to a document referred to in section 57(1), means the date fixed by the Minister under sub-
section (2A) for the purposes of that document;'.

(a)	is being, has been or is to be transferred to that person; or
(b)	is being, has been or is to be transferred to a different person.