Rail Corporations (Further Amendment) Act 1998 (Vic)

No judgment structure available for this case.

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1
2. Commencement 1

PART 2—RAIL CORPORATIONS ACT 1996 3

3. Principal Act 3
4. Definitions 3
5. New section 8A inserted 6

8A. Rail Track may trade as VicTrack 6

6. Functions and powers of Rail Track 6
7. Amendment of section 13F 6
8. New section 18AA inserted 7
18AA. Met Train 1 may trade as Bayside Trains 7
9. New section 18GA inserted 7
18GA. Met Train 2 may trade as Hillside Trains 7
10. New section 18MA inserted 7
18MA. Met Tram 1 may trade as Swanston Trams 7
11. New section 18TA inserted 7
18TA. Met Tram 2 may trade as Yarra Trams 7
12. New section 18ZAA inserted 8
18ZAA. Trading name 8
13. Amendment of section 39 8
14. New sections 59A to 59C inserted 9

59A. List of RC staff 9
59B. Transfer of RC staff 10
59C. Future terms and conditions of transferred employees 11

15. New Parts 4 to 7 inserted 12
PART 4—RAIL AND TRAM OPERATORS 12
Division 1—Certain powers 12

60. Clearance of trees etc. 12
61. No obligation to fence 15
62. Power to break up roads, etc. 16
63. Power to install stopping places, etc. 18

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Section Page

64. Level crossings 19
65. Tram infrastructure 21
66. Overhead power supply 22
67. Power to stop traffic 24

Division 2—Provisions applying to certain agreements 25

68. Civil penalty provisions 25
69. Validity of certain provisions 27

Division 3—Certain operating assets 28

70. Assets of certain operators 28
71. Allocation statement 29
72. Assets transferred in accordance with statement 30
73. Allocation of assets subject to encumbrances 30
74. Certificate of Director 31
75. Consideration for transferred property 31
76. Former transferor instruments and agreements 32
77. Proceedings 32
78. Taxes 32
79. Evidence 33
80. Validity of things done under this Division 33

PART 5—PROHIBITED INTERESTS 34
Division 1—Preliminary 34

81. Definitions 34
82. Relevant interest in, and entitlement to, shares 35
83. Corporations Law 36
84. Unit trusts 37
85. Stock 37
86. Controlling interest 38
87. Application of Part to partnerships 39
88. Certain shareholders agreements to be disregarded 40
89. Certain "see-through" interests to be disregarded 41
90. Effect of certificate under section 88 or 89 44
91. Application and construction of Part 44

Division 2—Prohibited interests 45

92. Prohibited interests 45
93. Other provisions relating to prohibited interests 45
94. Temporary exemption from prohibition 46
95. Power to require information relating to interests 47
96. Disposal of interest 48
97. Voting rights in respect of certain shares 52
98. Annulment of certain resolutions 52

ii

Section Page
99. Making, review and revocation of determination by

ORG 53
100.

Appeal against determination of ORG 53
101.

Sale of forfeited shares 54
102.

Service 55

PART 6—GENERAL 55

103. Delegation 55
104. Freedom of Information Act 1982 56
105. Supreme Court—limitation of jurisdiction 56
106. Regulations 56

PART 7—TRANSITIONAL 57

107. Orders under repealed sections 57
108. Repeals consequential on new Part 4 57

16. New section 106A inserted 57

106A. Privatisation of V/Line Freight 57

PART 3—TRANSPORT ACT 1983 59

17. Principal Act 59
18. Definitions: general 59
19. Heading to Division 1, Part 2 61
20. New section 4A inserted 61

4A. Revenue allocation agreements 62

21. Powers of Secretary 62
22. New sections 8 and 9 inserted 62

8. Director of Public Transport 62
9. Functions and powers of Director 62

23. New section 10 inserted 64

10. Priority of passenger services 64

24. New section 11 inserted 68

11. Public Transport Fund 68

25. Contracts with Crown 69
26. Regulations 69
27. Definitions: Part VII 71
28. Amendment of Division heading 71
29. Amendment of section 211 71
30. Ticket and transport infringements 73
31. Power to require names and addresses 73
32. New section 219AA inserted 74
219AA. Power of authorised persons to detain suspected

offenders 74

33. Power to remove offenders 76
34. Ticket conditions 77

iii

Section Page

35. Graffiti 77
36. Prosecutions 78
37. Evidentiary provisions 79
38. New section 246B inserted 80

246B. Rail Corporations (Further Amendment) Act 1998 80

39. New section 249C inserted 80

249C. Exemption for tramway rollingstock 80

PART 4—OTHER ACTS 82

40. Rail Corporations (Amendment) Act 1997 82
41. Rail Corporations (Amendment) Act 1998 83
42. Access Regime 83

38B. Objectives of the Office of the Regulator-General 83

43. Further amendment of access regime 84
44. Borrowing and Investment Powers Act 1987 84
45. Country Fire Authority Act 1958 85
46. Docklands Authority Act 1991 85
47. Local Government Act 1989 85
48. Office of the Regulator-General Act 1994 86
49. Treasury Corporation of Victoria Act 1992 86

═══════════════

NOTES 87

iv

Victoria

No. 98 of 1998

Rail Corporations (Further Amendment) Act 1998†
[Assented to 24 November 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose
The purpose of this Act is to make further amendments to the Rail Corporations Act 1996 and the Transport Act 1983.

2. Commencement

Rail Corporations (Further Amendment) Act 1998
Act No. 98/1998

(1) This Part and sections 40 to 43 come into

operation on the day on which this Act receives
the Royal Assent.

(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 (Further Amendment) Act 1998

s. 3	Act No. 98/1998

PART 2—RAIL CORPORATIONS ACT 1996

3. Principal Act

No. 79/1996

as amended	In this Part, the Rail Corporations Act 1996 is
by Nos	called the Principal Act.
104/1997, 46/1998 and 47/1998.

4. Definitions
(1) In section 3(1) of the Principal Act insert—
"Director" means the Director of Public Transport under the Transport Act 1983;
"former transferor instrument", in Division 3

of Part 4, 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;

"former relevant assets", in relation to a

transferor, means assets of the transferor
that, under Division 3 of Part 4, have vested
in the State, another operator or another
person;

"metropolitan area" means the area within a radius of 30 kilometres of the post office at

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 4
the corner of Bourke Street and Elizabeth
Street, Melbourne;
"metropolitan train operator" means a body corporate specified in an Order under sub- section (2) to be a train operator for the
purposes of Part 5 which operates mainly in
the metropolitan area;
"metropolitan tram operator" means a body corporate specified in an Order under sub- section (3) to be a tram operator for the
purposes of Part 5 which operates mainly in
the metropolitan area;
"operator", in Division 3 of Part 4, means a train operator or a tram operator or other person to which section 70 applies;
"passenger service" means a service for the

carrying of passengers by railway or
tramway;

"relevant assets", in Division 3 of Part 4, means

assets of an operator which, under an
agreement referred to in section 70, the
parties agree are relevant assets for the
purposes of that Division;

"relevant date", in Division 3 of Part 4, in
section 71 or relevant assets allocated under
such a statement, means the date fixed by the
relation to an allocation statement under of that statement;
"train operator", in relation to Part 5 or another

provision of this Act, means a body
corporate specified in an Order under sub-
section (2) to be a train operator for the
purposes of that Part or that provision;

Rail Corporations (Further Amendment) Act 1998

s. 4	Act No. 98/1998

"tram operator", in relation to Part 5 or another

provision of this Act, means a body
corporate specified in an Order under sub-
section (3) to be a tram operator for the
purposes of that Part or that provision;

"transferee", in Division 3 of Part 4, means a

person to whom relevant assets are allocated
under an allocation statement under section
71;

"transferor", in Division 3 of Part 4, means the

operator from which relevant assets are
transferred under an allocation statement
under section 71;

"Secretary" means the Secretary to the

Department of Infrastructure.

(2) In section 3(1) of the Principal Act, in the

definition of "rail transport service", for "or the substitute ", the Crown, a train operator or a tram operator for the purpose of providing passenger services or other transport services";
(3) In section 3 of the Principal Act, after sub-section

(1) insert—
"(2) The Governor in Council, by Order

published in the Government Gazette, may and from a specified date, a train operator for the purposes of a specified provision of this Act.
declare that a specified body corporate,
being a body corporate that is a party to a
lease of rail infrastructure by the Director
acting on behalf of the Crown or the Public
(3) The Governor in Council, by Order
published in the Government Gazette, may

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Act No. 98/1998 s. 5

declare that a specified body corporate, and from a specified date, a tram operator for the purposes of a specified provision of this Act.".
being a body corporate that is a party to a
lease of tram infrastructure by the Director
acting on behalf of the Crown or the Public

5. New section 8A inserted
After section 8 of the Principal Act insert—
'8A. Rail Track may trade as VicTrack
Despite anything to the contrary in the Business Names Act 1962 or any other Act or law, Rail Track may carry on business under the name "VicTrack".'.

6. Functions and powers of Rail Track

(1) In section 11(1) of the Principal Act, after

paragraph (ba) insert—
"(bb) subject to section 13F, to develop, and

promote the development of, land vested in
it; ".

(2) In section 11 of the Principal Act, after sub-
section (3) insert—
"(4) Rail Track may, with the approval or at the
direction of the Minister, cease to perform all
or any of its functions.".

7. Amendment of section 13F

In section 13F of the Principal Act—

(a) sub-section (1) is repealed;

(b)

in sub-section (2)(a), for "any surplus land" substitute "or dispose of land or an interest in land";

Rail Corporations (Further Amendment) Act 1998

s. 8	Act No. 98/1998

(c) In sub-section (2)(c), omit "surplus".

8. New section 18AA inserted
After section 18A of the Principal Act insert—
'18AA. Met Train 1 may trade as Bayside Trains
Despite anything to the contrary in the Business Names Act 1962 or any other Act or law, Met Train 1 may carry on business under the name "Bayside Trains".'.

9. New section 18GA inserted
After section 18G of the Principal Act insert—
'18GA. Met Train 2 may trade as Hillside Trains
Despite anything to the contrary in the Business Names Act 1962 or any other Act or law, Met Train 2 may carry on business under the name "Hillside Trains".'.

10. New section 18MA inserted
After section 18M of the Principal Act insert—

'18MA. Met Tram 1 may trade as Swanston Trams
Despite anything to the contrary in the Business Names Act 1962 or any other Act or law, Met Tram 1 may carry on business under the name "Swanston Trams".'.

11. New section 18TA inserted
After section 18T of the Principal Act insert—

'18TA. Met Tram 2 may trade as Yarra Trams
Despite anything to the contrary in the Business Names Act 1962 or any other Act or law, Met Tram 2 may carry on business under the name "Yarra Trams".'.

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 12

12. New section 18ZAA inserted
After section 18ZA of the Principal Act insert—

'18ZAA. Trading name
Despite anything to the contrary in the or law, V/Line Passenger Corporation may carry on business under the name "V/Line Passenger".'.

13. Amendment of section 39

(1) In section 39(1) of the Principal Act—

(a)
for the definition of "new employer" ' "new employer"—

(a)
employee, means the rail
corporation by which, by virtue of
section 58, the transferred PTC
employee is regarded as being
in relation to a transferred PTC relevant date;

(b) in relation to a transferred RC employee, means the relevant person by which, by virtue of section 59B, the transferred RC
employee is regarded as being employed with effect from the relevant date;';

(b)
in the definition of "relevant date", after "(c) in relation to a document referred to in
section 59A(1), means the date fixed by the Minister under sub-section (2A) for the purposes of that document;";

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(c) insert—
' "RC" means a rail corporation which is
nominated by the Minister under
section 59A(1);

"relevant person" means a rail corporation,

the State, a statutory authority or a
body corporate all the shares in which
are held by, or on behalf of, the State or
a statutory authority;

"transferred RC employee" means a

person who, by virtue of section 59B, is
regarded as being employed by a new
employer with effect from the relevant
date;'.

(2) In section 39(2A) of the Principal Act, after
"57(1)" insert "or 59A(1)".

14. New sections 59A to 59C inserted
After section 59 of the Principal Act insert—

"59A. List of RC staff
(1) Before the relevant date, a rail corporation nominated by the Minister for this purpose must prepare and submit to the Minister a
document signed by the chief executive of officer or employee, the relevant person by which he or she is to be regarded as having been employed by virtue of section 59B with effect from the relevant date.
the RC listing officers and employees of the
(2) The document may be amended by
instrument signed by the chief executive of
the RC and given to the Minister and the
amendment is to be regarded as having
effect, or having had effect, from the relevant
date.

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 14
(3) Nothing in this section prevents a person

listed in the document as an officer or
employee of the RC from resigning or being
dismissed at any time before the relevant
date in accordance with the terms and
conditions of his or her appointment or
employment.

59B. Transfer of RC staff
(1) A person listed as an officer or employee of

the RC in a document under section 59A
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 RC; 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 RC, immediately
before the relevant date.
(2) The service of a transferred RC 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 RC.

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Act No. 98/1998

(3) A transferred RC 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 RC because of this Act.

(4) A certificate purporting to be signed by the

chief executive of the RC certifying that a
person named in the certificate was with
effect from the relevant date employed, by
virtue of this section, by the person named in
the certificate is admissible in evidence in
any proceedings and is conclusive proof of
the matters stated in it.

59C. Future terms and conditions of transferred
employees
(1) Nothing in section 59B prevents—

(a) any of the terms and conditions of employment of a transferred RC 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 RC employee from transferring to the employment of another relevant person at any time within 6 months after the relevant date on terms and conditions agreed to by the employee and that other relevant person; or
(c)
a transferred RC 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.

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 15
(2) The service of a transferred RC employee as an employee of another relevant person 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
the relevant date, as an officer or employee
of the RC and with his or her service on or
after that date as an employee of the other
relevant person mentioned in sub-section
(1)(b).
(3) A transferred RC employee is not entitled to

receive any payment or other benefit by
reason only of having ceased to be an
employee of a relevant person, being a
payment or benefit in respect of a period of
service as an officer or employee of the RC,
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
relevant person.".

15. New Parts 4 to 7 inserted
For Part 4 of the Principal Act substitute—
'PART 4—RAIL AND TRAM OPERATORS
Division 1—Certain powers

60. Clearance of trees etc.
(1) A person to which this section applies, by
written notice, may require the owner or
occupier of any land to fell and remove any
tree or wood on that land that is within

60 metres of a railway track operated or
maintained by that person and that could
obstruct or endanger the railway track or

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Act No. 98/1998

obstruct a view of a signal box from any
portion of the railway track.
(2) Notice under sub-section (1) may be served on an owner or occupier—
(a) personally; or

(b) by sending it by post to the owner or occupier at that person's usual or last known residential or business address;
or

(c)
residential or business address of the
owner or occupier with a person on the
premises who is apparently at least
by leaving it at the usual or last known employed there; or

(d) in a manner prescribed by any other Act or law for service on a person or class of person of the same type as the
owner or occupier; or

(e)

if the identity or address of the owner or occupier is not known—
(i) by displaying it on the land; and
(ii) by publishing a copy of it and a description of the land in a newspaper circulating generally in Victoria.

(3) In exercising a power under sub-section (1), a person to which this section applies—
(a) must act reasonably; and

(b)

must comply with any directions given by the Director in relation to the exercise of that power.

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Act No. 98/1998 s. 15
(4) If the owner or occupier of the land does not

comply with the notice within the time
specified in the notice, the person which
caused the notice to be served may—

(a) enter the land at any reasonable time and carry out the work specified in the notice; and
(b) recover the cost of carrying out the work from the owner or occupier as a debt.
(5) A person to which this section applies may exercise its powers under this section by its officers or employees or by any other person
authorised in writing by it or by the officers
or employees of any such person.
(6) This section applies to—
(a) V/Line Freight;
(b) Rail Track;
(c) Met Train 1 and Met Train 2;
(d) train operators;

(e)

a person specified in an Order under sub-section (7), subject to any terms and conditions specified in that Order.

(7) The Governor in Council, by Order
published in the Government Gazette, may the Crown in relation to any rail
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 specified in the Order that
is a party to a lease with Rail Track, the
Public Transport Corporation or the

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Act No. 98/1998

infrastructure owned by Rail Track, the
Public Transport Corporation or the Crown.
61. No obligation to fence
(1) Despite any Act or rule of law to the
contrary, a person 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.
(2) A person 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.

(3) This section applies to—
(a) V/Line Freight;
(b) V/Line Passenger Corporation;
(c) Rail Track;
(d) Met Train 1 and Met Train 2;
(e) Met Tram 1 and Met Tram 2;
(f) train operators;
(g) tram operators;

(h)

a person specified in an Order under sub-section (4), subject to any terms and conditions specified in that Order.

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Act No. 98/1998 s. 15
(4) The Governor in Council, by Order
published in the Government Gazette, may that—
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the

(a)

is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that person of a passenger service; or

(b)

is a party to a lease with Rail Track, the Public Transport Corporation, the Secretary or the Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Corporation or the Crown.
62. Power to break up roads, etc.
(1) After consultation with the Roads
Corporation and any relevant municipal council, a person 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; and
(b) may take possession of, and use, the whole or any portion of such a road.
(2) In exercising a power under sub-section (1), a person to which this section applies—
(a) must act reasonably; and

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(b) must comply with any directions given by the Director in relation to the exercise of that power.
(3) A person to which this section applies may exercise its powers under this section by its officers or employees or by any other person
authorised in writing by it or by the officers
or employees of any such person.
(4) This section applies to—
(a) V/Line Freight;
(b) V/Line Passenger Corporation;
(c) Rail Track;
(d) Met Train 1 and Met Train 2;
(e) Met Tram 1 and Met Tram 2;
(f) train operators;
(g) tram operators;

(h)

a person specified in an Order under sub-section (5), subject to any terms and conditions specified in that Order.
(5) The Governor in Council, by Order
published in the Government Gazette, may that—
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the

(a)

is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that person of a passenger service; or

(b)

is a party to a lease with Rail Track, the Public Transport Corporation or the

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s. 15
Act No. 98/1998
Secretary or the Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Corporation or the Crown.
63. Power to install stopping places, etc.
(1) After consultation with the Roads
Corporation and any relevant municipal
council, a person to which this section
applies may install, remove or re-locate
stopping places and associated facilities for
passenger services on any road on or
adjacent to which there is tram infrastructure
that is operated or maintained by that person.
(2) In exercising a power under sub-section (1), a person to which this section applies—
(a) must act reasonably; and

(b) must comply with any directions given by the Director in relation to the exercise of that power.
(3) A person to which this section applies may exercise its powers under this section by its officers or employees or by any other person
authorised in writing by it or by the officers
or employees of any such person.
(4) This section applies to—
(a) Rail Track;
(b) Met Tram 1 and Met Tram 2;
(c) tram operators;

(d)

a person specified in an Order under sub-section (5), subject to any terms and conditions specified in that Order.

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(5) The Governor in Council, by Order
published in the Government Gazette, may that—
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the

(a) is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that person of a passenger service; or
(b)
Public Transport Corporation or the
Secretary or the Director acting on
behalf of the Crown in relation to any
tram infrastructure owned by Rail
is a party to a lease with Rail Track, the Corporation or the Crown.

64. Level crossings
(1) Despite anything to the contrary in any other
Act or law, a person to which this section applies—

(a)

may use level crossings connecting parts of the rail infrastructure or tram infrastructure to which an agreement, lease or licence relating to, or connected with, a service provided by that person applies (being an agreement, lease or licence entered into by Rail Track, the Public Transport Corporation or the Secretary or the Director acting on behalf of the Crown) subject to and in accordance with that agreement, lease or licence; and

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(b)

may close the level crossing to road traffic while the railway track or tramway track is in use, subject to and in accordance with that agreement, lease or licence.
(2) This section applies to—
(a) V/Line Freight;
(b) V/Line Passenger Corporation;
(c) Rail Track;
(d) Met Train 1 and Met Train 2;
(e) Met Tram 1 and Met Tram 2;
(f) train operators;
(g) tram operators;

(h) a person specified in an Order under sub-section (3), subject to any terms and conditions specified in that Order;
(i) a person authorised, in accordance with the agreement, lease or licence referred to in sub-section (1), by a person

referred to in paragraph (a), (b), (c), (d),
(e), (f), (g) or (h) to exercise a power
conferred on the authorising person by
this section, subject to any terms and
conditions specified in the
authorisation.

(3) The Governor in Council, by Order
published in the Government Gazette, may that—
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the

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(a)

is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that person of a passenger service; or

(b)

is a party to a lease with Rail Track, the Public Transport Corporation or the Secretary or the Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Corporation or the Crown.
65. Tram infrastructure
(1) Despite anything to the contrary in any other
Act or law, a person to which this section applies may use tram infrastructure to which an agreement, lease or licence relating to, or connected with, a passenger service provided by that person applies (being an agreement, lease or licence entered into by Rail Track, the Public Transport Corporation or the Secretary or the Director acting on behalf of the Crown) subject to and in accordance with that agreement, lease or licence.
(2) This section applies to—
(a) Met Tram 1 and Met Tram 2;
(b) tram operators;

(c)

a person specified in an Order under sub-section (3), subject to any terms and conditions specified in that Order;

(d)

a person authorised, in accordance with the agreement, lease or licence referred to in sub-section (1), by a person
referred to in paragraph (a), (b) or (c) to
exercise a power conferred on the

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s. 15
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authorising person by this section,
subject to any terms and conditions
specified in the authorisation.
(3) The Governor in Council, by Order
published in the Government Gazette, may that—
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the

(a) is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that person of a passenger service; or
(b)
Public Transport Corporation or the
Secretary or the Director acting on
behalf of the Crown in relation to any
tram infrastructure owned by Rail
is a party to a lease with Rail Track, the Corporation or the Crown.

66. Overhead power supply
(1) A person to which this section applies, after
consultation with the Roads Corporation or any relevant municipal council, may install, remove or relocate rail infrastructure or tram infrastructure consisting of structures
comprising or supporting overhead electrical power supply systems situated on or over, or partly on or over, property of the Roads
Corporation or the municipal council.
(2) In exercising a power under sub-section (1), a person to which this section applies—
(a) must act reasonably; and

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(b) must comply with any directions given by the Director in relation to the exercise of that power.
(3) A person to which this section applies may exercise its powers under this section by its officers or employees or by any other person
authorised in writing by it or by the officers
or employees of any such person.
(4) This section applies to—
(a) Met Train 1 and Met Train 2; (b) Met Tram 1 and Met Tram 2; (c) train operators;
(d) tram operators;

(e)

a person specified in an Order under sub-section (5), subject to any terms and conditions specified in that Order.

(5) The Governor in Council, by Order
published in the Government Gazette, may that—
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the

(a)

is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that person of a passenger service; or

(b)

is a party to a lease with Rail Track, the Public Transport Corporation or the Secretary or the Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure

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owned by Rail Track, the Public
Transport Corporation or the Crown.
67. Power to stop traffic
(1) A person to which this section applies,
subject to the agreement, lease or licence the Crown)—
relating to, or connected with, its provision
of a service or to a lease of rail infrastructure
or tram infrastructure (being an agreement,
lease or licence entered into by Rail Track,
the Public Transport Corporation or the

(a)
Corporation and any relevant municipal
council, may stop traffic in
after consultation with the Roads necessary to do so;

(b) in an emergency, may stop traffic. (2) In exercising a power under sub-section (1),
a person to which this section applies—
(a) must act reasonably; and

(b)

must comply with any directions given by the Director in relation to the exercise of that power.
(3) This section applies to—
(a) V/Line Freight;
(b) V/Line Passenger Corporation;
(c) Rail Track;
(d) Met Train 1 and Met Train 2;
(e) Met Tram 1 and Met Tram 2;
(f) train operators;
(g) tram operators;

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(h) a person specified in an Order under sub-section (4), subject to any terms and conditions specified in that Order;
(i) a person authorised, in accordance with the agreement, lease or licence referred to in sub-section (1), by a person

referred to in paragraph (a), (b), (c), (d),
(e), (f), (g) or (h) to exercise a power
conferred on the authorising person by
this section, subject to any terms and
conditions specified in the
authorisation.

(4) The Governor in Council, by Order
published in the Government Gazette, may that—
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the

(a)

is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that person of a passenger service; or

(b)

is a party to a lease with Rail Track, the Public Transport Corporation or the Secretary or the Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Corporation or the Crown.
Division 2—Provisions applying to certain
agreements

68. Civil penalty provisions

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(1) In this section, "civil penalty provision"
licence relating to, or connected with, a
passenger service entered into by the

means a provision of an agreement, lease or the Crown and a person to which this section applies, being a provision that, under the agreement, lease or licence, is expressed to be a civil penalty provision for the purposes of this Act.
(2) Despite anything to the contrary in any Act
or law, a person who breaches a civil penalty provision is liable to pay, as a debt due to the State, an amount determined in accordance
with the agreement, lease or licence as the
penalty for breach of that provision.
(3) This section applies to—
(a) a train operator; (b) a tram operator;

(c)

a person specified in an Order under sub-section (4), subject to any terms and conditions specified in that Order.

(4) The Governor in Council, by Order
published in the Government Gazette, may that—
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the

(a)

is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that person of a passenger service; or

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(b)

is a party to a lease with Rail Track, the Public Transport Corporation or the Secretary or the Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Corporation or the Crown.
69. Validity of certain provisions
(1) A provision in an agreement between the
Director acting on behalf of the Crown and a person to which this section applies relating to, or connected with, a passenger service
under which the Director may require the sale, transfer or assignment to the State or another person (including a provision
relating to the exercise of the Director's powers under Division 3) of property in which the person to which this section
applies has an interest is not invalid by
reason only of any mortgage, charge or other
interest by way of security held by the State
in respect of the property or any part of the
property.
(2) A provision in a mortgage, charge or other

interest by way of security over property
given by a person to which this section
applies securing, or purporting to secure,
payment to the State of an amount that is, or
may become, due or payable by the person to
the State is not invalid by reason only that
the property includes an amount that is, or
may become, due and payable by the State.

(3) This section applies to—
(a) train operators; (b) tram operators;

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(c)

a person specified in an Order under sub-section (4), subject to any terms and conditions specified in that Order.
(4) The Governor in Council, by Order
published in the Government Gazette, may that—
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the

(a)

is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that person of a passenger service; or

(b)

is a party to a lease with Rail Track, the Public Transport Corporation or the Secretary or the Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Corporation or the Crown.

Division 3—Certain operating assets
70. Assets of certain operators
(1) If a provision of an agreement between the
Director acting on behalf of the Crown and a person to which this section applies ("the operator") provides for the transfer of relevant assets of the operator to the State or any other person at the end of the term of the agreement or in specified circumstances, being a provision that, under the agreement,

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is expressed to be a transfer provision for the
purposes of this Division, the Director may
give to the Minister, at a time, or within a
period, determined under the agreement, a
statement or statements approved by the
Minister relating to the relevant assets.
(2) This section applies to—
(a) train operators; (b) tram operators;

(c)

a person specified in an Order under sub-section (3), subject to any terms and conditions specified in that Order.

(3) The Governor in Council, by Order
published in the Government Gazette, may that—
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the

(a)

is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that person of a passenger service; or

(b)

is a party to a lease with Rail Track, the Public Transport Corporation or the Secretary or the Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Corporation or the Crown.
71. Allocation statement
(1) A statement under section 70—

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(a) must allocate the relevant assets to or between the State and such persons as the Minister 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.
(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.
72. Assets transferred in accordance with statement
On the relevant date, the relevant assets that are allocated under an allocation statement under section 71 vest in the State or another person in accordance with the statement.
73. Allocation of assets subject to encumbrances

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Unless an allocation statement under section 71 otherwise provides, where, under this Division relevant assets vest in a transferee under section 72, the relevant assets so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting.
74. Certificate of Director
(1) A certificate signed by the Director
certifying that assets of the transferor specified in the certificate have been allocated under an allocation statement in
accordance with section 71 is, unless
revoked under sub-section (2), conclusive
evidence that the assets—
(a) have 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 sub-section (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 or other interested person.

75.
Consideration for transferred property by the State or a transferee on behalf of the State in respect of relevant assets that are allocated under an allocation statement is the

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amount determined in accordance with the
agreement referred to in section 70.

76. Former transferor instruments and
agreements
(1) Each former transferor instrument relating to

former relevant assets continues to have
effect according to its tenor on and after the
relevant date in relation to those assets as if a
reference in the instrument to the transferor
were a reference to the transferee.

(2) Where, under an allocation statement, a

transferor's interest in an agreement vests in
a transferee under section 72—

(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.

77.
Proceedings provides, if, immediately before the relevant date, proceedings relating to former relevant assets (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.

78.
Taxes under an Act is payable in respect of the vesting of relevant assets under this Division

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as if the vesting were effected by an
instrument.

79.
Evidence have been admissible for or against the interests of a transferor in relation to former relevant assets if this Division had not been enacted is admissible for or against the interests of the transferee.
80. Validity of things done under this Division 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

(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

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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 asset; 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 obligee wholly or in part from any obligation.
PART 5—PROHIBITED INTERESTS
Division 1—Preliminary

81. Definitions
In this Part—
"associate" has the meaning, in relation to a
person, it would have under Division 2 of Part 1.2 of the Corporations Law as if—

(a)

for paragraphs (b) and (c) of section 12(1) of that Law, there were substituted—
"or

(b)
whether the primary person a position to exercise certain powers in relation to a body corporate;"; and

(b)

sections 13, 14, 16(2) of that Law were repealed;

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"officer", in relation to a corporation, has

the same meaning as in section 9 of the
Corporations Law;

"ORG" means the Office of the Regulator-
General;

"related body corporate" has the same

meaning as in section 9 of the
Corporations Law;

"relevant agreement" means an agreement, arrangement or understanding—

(a)
whether formal or informal or and

(b)

whether written or oral or partly written and partly oral; and

(c)

whether or not having legal or equitable force and whether or not based on legal or equitable rights;

"relevant corporation" means a
metropolitan train operator or a
metropolitan tram operator;

"voting share", in relation to a corporation, has the same meaning as in section 9 of the Corporations Law.
82. Relevant interest in, and entitlement to, shares

(1) For the purposes of this Part, a person has a
person would be taken to have a relevant
interest in the share because of Division 5 of

relevant interest in a share if, and only if, the person does not have a relevant interest in a share in a corporation only because the

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person has a right of pre-emption in relation
to that share if the corporation—

(a) was formed by two or more persons for the purpose of enabling those persons to carry on an activity jointly by means of their joint control of, or by means of their ownership of shares in, that corporation; and
(b) those persons, or persons who have acquired some or all of the shares in that corporation, continue to carry on
that activity jointly by either of those
means.
(2) For the purposes of this Part, the shares in a

corporation to which a person (being the
corporation or any other person) is entitled to
include shares in the corporation to which
the person is entitled in accordance with
section 609 of the Corporations Law as if a
reference in that section of that Law to a
relevant interest were a reference to a
relevant interest to which sub-section (1)
applies.

(3) Without derogating from section 88 or 89,
the regulations may provide that relevant interests, or particular classes of relevant interests, in shares, or in particular classes of
shares, are, in such circumstances and
subject to such conditions (if any) as are
specified in the regulations, to be
disregarded for such purposes as are
specified in the regulations.

83.
Corporations Law Law is a reference to that Law as it would apply if references in that Law to a body

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corporate, corporation or company included
references to—

(a)

a body corporate of any kind wherever formed or incorporated and whether formed or incorporated under that Law or any other law; and

(b)

any unincorporated body, being a society, association, company of proprietors or other body, wherever
formed, that, under the law of its place
of formation, may sue or be sued, or
may hold property in the name of the
secretary or some other officer of the
society, association or body, or in the
name of any trustee or trustees; and

(c)

any unincorporated body, being a society, association, company of proprietors or other body or
undertaking to which is applied, under
the laws of the place of its formation
with or without exceptions, a law in
force in that place relating to a
company or corporation within the
meaning of that law.

84.
If assets used in, or liabilities of, the business
carried on by a relevant corporation form
Unit trusts the purposes of this Part, units in the unit trust are deemed to be shares in a relevant corporation the business of which is the business of the trust estate of the unit trust.

85.
Stock of a corporation consists of stock, a reference

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in this Part to a number of shares in the
corporation as a percentage is, in relation to
an amount of stock, a reference to the
amount of stock that represents that number
of shares.

86.
Controlling interest sections 88 and 89, a person has a controlling interest in a corporation if the person—

(a) is entitled to more than 20% of the voting shares in the corporation; or
(b) is entitled to shares in the corporation that confer or, if a dividend were declared or a distribution of profits were made by the corporation, would confer a right to receive the benefit of more than 20% of the dividend or distribution; or
(c) is entitled to shares in the corporation that confer or, in the event of any other distribution of property or rights by the corporation, whether on dissolution or otherwise, would confer an entitlement to receive the benefit of more than 20% of the property and rights; or
(d)
is able, whether alone or in concert omission or otherwise, to dominate or control—
(i) the corporation; or

(ii) the financial and operating
policies or management of the
corporation; or

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(iii)

the activities of the corporation as metropolitan tram operator.
87. Application of Part to partnerships
(1) In this section—
"partner" includes member of an
unincorporated joint venture;
"partnership" includes unincorporated joint
venture.

(2) This Part applies to partnerships, and

partners, as if a partnership were a
corporation and a partner were a member of
a corporation.

(3) For the purposes of this Part—

(a)

a partnership is deemed to be a corporation and a person;

(b) a partner is deemed—
(i) to be a member of the corporation; and

(ii)
proportion to all the shares in the
corporation as the partner's right
to hold shares bearing the same of the partnership bears to the sum of the rights of partners to receive such distributions;

(c)

rights and powers of a partner in respect of the partnership, including voting rights and rights to dispose of interests in the partnership or the partnership property are deemed to be rights and powers of a member of a corporation attached to and conferred

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by that member's shares in the
corporation;

(d)
the committee of management (by partnership is deemed to be the board of directors of the partnership;

(e)

a meeting of the partners of a partnership is deemed to be a general meeting of a corporation.

(4) For the purposes of this Part and its
application to a partnership, "relevant
corporation" includes a partnership the
members of which are persons who are
relevant corporations.
88. Certain shareholders agreements to be disregarded
For the purposes of determining under this Part whether a person has a controlling interest or an entitlement to shares in a relevant corporation, a relevant interest of an associate of the person must be disregarded if the Treasurer certifies in writing that the Treasurer is satisfied—

(a)

that the association arises solely under section 12(1)(e) or section 15(1) of the Corporations Law by virtue of
provisions of the articles of association
or other constituent documents of a
corporation or other entity, a
shareholders' agreement or other
consortium arrangements and that the
provisions are not unusual having
regard to conventional or usual
investment considerations; and

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(b)

that the person or any related body corporate does not have the power—

(i)
composition of the board of
directors of the relevant
corporation otherwise than by
control of the exercise at a general
meeting of the relevant
corporation of voting rights in
respect of particular shares or a
particular proportion of shares in
the relevant corporation or the
exercise of powers of appointment
to control or influence the of the relevant corporation; or

(ii)
of affairs of the relevant
corporation otherwise than by
control of the exercise at a general
meeting of the relevant
corporation of voting rights in
respect of particular shares or a
particular proportion of shares in
the relevant corporation or by the
to control or influence the conduct the person.

89. Certain "see-through" interests to be disregarded
For the purpose of determining under this Part whether a person has a controlling interest or an entitlement to shares in a relevant corporation, a relevant interest that the person has solely by virtue of section 32(c) or 33 of the Corporations Law must be disregarded if the Treasurer certifies in writing—

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(a)

that the Treasurer is satisfied that the person or any related body corporate of the person does not have the power—

(i)
composition of the board of
directors of the relevant
corporation otherwise than by
controlling the exercise at a
general meeting of the relevant
corporation of not more than 20%
of the votes that may be cast at
general meetings or exercising
powers of appointment of not
more than one-fifth of the
to control or influence the corporation; or

(ii)
of affairs of the relevant
corporation otherwise than by
controlling the exercise at a
general meeting of the relevant
corporation of voting rights in
to control or influence the conduct the voting shares or by the actions of directors appointed by it being not more than one-fifth of the directors of the relevant corporation; and
(b) that the Treasurer is satisfied that—

(i)
the person has a controlling
interest, the person does not
in the case of determining whether (A) the power to exercise the
votes in respect of, or to
control the disposal of, more

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than 20% of the voting
shares in the relevant
corporation, not including a
right of pre-emption whether
direct or indirect in relation
to those shares; or
(B) the right to receive directly or indirectly the benefit of more than 20% of the
dividends declared or
distribution of profits made
by the relevant corporation
in respect of a financial year
of the relevant corporation;
or
(C) the right to receive directly or indirectly the benefit of more than 20% of the
property and rights of the relevant corporation on a dissolution or otherwise; or
(ii) in the case of determining whether the person has an entitlement to shares, the person does not have— (A) the power to exercise the
votes in respect of, or to
control the disposal of any
voting shares in the relevant
corporation, other than a
right of pre-emption whether
direct or indirect in relation
to those shares; or
(B) the right to receive directly or indirectly the benefit of any dividends declared or distribution of profits made

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by the relevant corporation
in respect of a financial year
of the relevant corporation;
or
(C) the right to receive directly or indirectly the benefit of any property and rights of the relevant corporation on a
dissolution or otherwise.
90. Effect of certificate under section 88 or 89 A certificate of the Treasurer under section 88 or 89 continues to have effect unless
ORG determines that—

(a)

a change has occurred in respect of the matters to which the certificate relates; and

(b) the certificate ceases to have effect.
91. Application and construction of Part
(1) This Part (including any provision of the

Corporations Law referred to or applied for the purposes of this Part) applies in relation to any transaction, agreement, arrangement, understanding or undertaking—

(a)
arrangement, understanding or
whether the transaction, agreement, this State or elsewhere; and

(b)
transaction, agreement, arrangement,
understanding or undertaking relates
whether the shares (if any) to which the and

(c)

whether the proper law of the transaction, agreement, arrangement,

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understanding or undertaking is the law of this State or not.

(2) This Part is relevant legislation for the

purposes of the Office of the Regulator-
General Act 1994.

Division 2—Prohibited interests

92. Prohibited interests
(1) It is unlawful for a person to hold a

prohibited interest.
(2) A metropolitan train operator holds a

prohibited interest if it is entitled to shares in
or, because of section 86(d) otherwise has a
controlling interest in, the other metropolitan
train operator.

(3) A metropolitan tram operator holds a
prohibited interest if it is entitled to shares in
or, because of section 86(d) otherwise has a
controlling interest in, the other metropolitan
tram operator.
(4) A person who has a controlling interest in a

metropolitan train operator or a metropolitan
tram operator holds a prohibited interest if
the person is entitled to shares in or, because
of section 86(d) otherwise has a controlling
interest in, the other metropolitan train
operator or metropolitan tram operator, as
the case requires.

93. Other provisions relating to prohibited interests
(1) A person, not being a relevant corporation,
does not hold a prohibited interest within the meaning of section 92 because the person is

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entitled to shares in or, because of section
86(d) otherwise has a controlling interest in,
a relevant corporation if—

(a)

ORG is satisfied that each such interest is held only as a passive institutional investment; and

(b)

ORG determines in writing that the person does not hold a prohibited interest.

(2) At any time after a determination is made
under sub-section (1) in relation to a person, that person, determine that circumstances have changed so that it is no longer satisfied as to the matters set out in sub-section (1)(a) in relation to the person and that the person has a prohibited interest within the meaning of section 92.
(3) For the purposes of this Part a relevant corporation is not capable of having a prohibited interest in itself.
94. Temporary exemption from prohibition
(1) The Treasurer may, in writing given to ORG,
declare that a specified person does not, by
reason only of having a specified controlling
interest or specified entitlement to shares,
have a prohibited interest during a specified
period ending not more than 6 months after
the day on which the declaration is made.
(2) A declaration under sub-section (1) may be

made subject to such conditions as are
specified in it.

(3) A declaration under this section has effect

according to its terms and ceases to have
effect—

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(a) at the end of the specified period; or

(b) upon a breach of a condition to which it is expressed to be subject.
95. Power to require information relating to interests
(1) ORG may, by notice in writing served on a

person who is, or is suspected by ORG of
being—

(a) entitled to shares in a relevant corporation; or
(b) the holder of a controlling interest in a relevant corporation—
require the person to furnish information specified in the notice for the purpose of determining whether that person or any other
person has, or is taking action to acquire, a
prohibited interest.
(2) A notice under sub-section (1) may require the person on whom the notice is served or, if that person is a corporation, 2 directors of the corporation, to verify by statutory
declaration any information furnished in
compliance with the notice.
(3) If—

(a)

a person on whom a notice under sub- section (1) has been served fails to furnish, within the time allowed in the notice, the information required by the notice, verified as required by the notice; or

(b)

information furnished by the person in response to the notice is, in the opinion of ORG, by reason of anything

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included in it or omitted from it, false
or misleading in a material particular—
ORG may, by reason only of that fact, by notice in writing served on a person, do one or more of the following—

(c)

determine that the person is an associate of another, or that another is an associate of that person;

(d)

determine that the person, or another to whom a determination under paragraph (c) relates, is entitled to specified shares in a relevant corporation;

(e)

determine that the voting rights attaching to all or any of the shares to which a determination under paragraph (d) relates are suspended;

(f)

determine that the person, or another person to whom a determination under paragraph (c) relates, has a prohibited interest.
96. Disposal of interest
(1) If ORG—

(a)

makes a determination under section 95(3); or

(b) forms the opinion—
that a person (in this section referred to as
"the offender") has a prohibited interest,
ORG may, by notice in writing served—

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(c)
if the offender holds shares to which or

(d)

on any other person who holds shares to which the offender is entitled—
determine that the offender or that other
person must dispose of the relevant shares
otherwise than to an associate of the
offender, within a period specified in the
notice, being not less than 3 months after
service of the notice, and that, until those
shares are disposed of, the voting rights
attaching to all or to specified shares in a
relevant corporation to which the offender is
entitled are suspended.
(2) For the purposes of sub-section (1), the
relevant shares that a person may be required by a notice under that sub-section to dispose of otherwise than to an associate of the
offender are—

(a) subject to paragraph (b), any shares held by the person that would need to be disposed of in order to cause the offender to cease to have a prohibited interest; or
(b)
if, after all the shares held by the person so disposed of, the offender would continue to have a prohibited interest, the total number of those shares.

(3) For the purposes of this section a person is
not to be taken to have disposed of shares to which an offender is entitled unless and until the person ceases to hold the shares and the
offender ceases to be entitled to the shares.

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 15
(4) If a person served with a notice of
determination under sub-section (1)
requiring the person to dispose of shares fails
to comply with the notice within the period
specified in the notice, the shares last
registered in the name of that person that
caused the person to have a prohibited
interest and specified by ORG by notice in
writing served on the person are, by force of
this sub-section, forfeited to the State.
(5) If—

(a)

a person served with a notice of a determination under sub-section (1) requiring the person to dispose of shares fails to comply with the notice within the period specified in the notice; and

(b)

the person is a member of a partnership and the shares are an interest in the partnership; and

(c)

the person is one of 2 or more persons constituting a relevant corporation—
ORG—

(d)

may, by notice in writing given to the person, declare that, as from a date specified in the notice, any agreement, lease or licence to which the person and the Secretary or the Director acting on behalf of the Crown are parties and relating to the provision of a passenger service is terminated; or

(e)

may make a determination under section 97.
(6) ORG must cause written notice of—

Rail Corporations (Further Amendment) Act 1998

s. 15

Act No. 98/1998

(a) a determination under sub-section (1) requiring a person to dispose of shares in a relevant corporation; or
(b)

to be served on the relevant person.
a determination under section 95(3)(e) suspended—
(7) If ORG—

(a)

makes a determination under section 95(3); or

(b) forms the opinion—
that a person (in this section referred to as
"the offender") has a prohibited interest
because of the circumstances referred to in
section 86(d), ORG may, by notice in
writing served on the offender, determine
that the offender—

(c)
controlling the relevant corporation, the
financial and operating policies or
management of the corporation or the
activities of the corporation as a
must desist from dominating or metropolitan tram operator; and

(d) must terminate a relevant agreement— to the extent necessary to prevent it having a prohibited interest, within a period specified in the notice, not being less than 3 months
after service of the notice.
(8) If ORG makes a declaration under sub-

section (5)(d), the agreement, lease or
licence to which the declaration relates is
terminated as from the date specified in the
relevant notice.

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 15

97.
Voting rights in respect of certain shares corporation of a determination of ORG under this Part—

(a)

that a person is an associate of another; or

(b)

that a person has a prohibited interest in a relevant corporation; or
(c) that voting rights are suspended—

the determination is binding and has effect relevant corporation held after receipt by the relevant corporation of the notice.
for the purposes of the application of this
98. Annulment of certain resolutions
(1) If ORG is of the opinion that a resolution of
a general meeting of the relevant corporation
has been passed as a result of the admission
of votes that should not, by virtue of a
determination of ORG under section 95(3) or
96(1) have been admitted, ORG may, by
notice in writing served on the relevant
corporation, declare the resolution to have
been (at all times) null and void.
(2) If notice of a declaration under sub-section

(1) is served on a relevant corporation, ORG
must, at the same time or as soon as
practicable thereafter, cause written notice of
the declaration to be served on each person
whose votes should not, in the opinion of
ORG, have been admitted.

(3) A notice under sub-section (1) does not have any effect unless it is served on the relevant corporation within one month after the date of the resolution to which it relates.

Rail Corporations (Further Amendment) Act 1998

s. 15

Act No. 98/1998

99. Making, review and revocation of determination by ORG
(1) A determination may be made by ORG

under this Part on the basis of such
information as ORG considers sufficient in
the circumstances.

(2) A determination of ORG under this Part is effective when written notice is served on the relevant person.

(3) Notwithstanding that an application is made
under section 37 of the Office of the a determination of ORG under this Part, the determination continues to have effect pending determination of the application except as otherwise determined by ORG.
(4) ORG may, by notice in writing served on the person on whom notice of the determination was served, revoke or vary a determination
of ORG under this Part with effect from the date of the determination or some other date determined by ORG.
100. Appeal against determination of ORG
(1) Despite anything to the contrary in the
Office of the Regulator-General Act 1994, a person on whom notice of a determination of ORG is served under this Part may appeal to the Supreme Court against the
determination.
(2) An appeal under this section must be
instituted within 21 days after notice of the determination under appeal is served on the appellant and that period of limitation may not be extended.

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 15
(3) The Supreme Court may, on an appeal under
this section, if satisfied that proper grounds for making the determination did not exist, quash or vary the determination, either
conditionally or unconditionally and with
effect from the date of the determination or
some other date, as the Court thinks fit, and
make any consequential or ancillary orders
that may be just.
(4) Notwithstanding an appeal under this
section, a determination other than—

(a)

a determination under section 96(1) requiring a person to dispose of shares in the relevant corporation; or

(b)

a determination under section 96(4) that shares in the relevant corporation are forfeited to the State—
continues to have effect pending
determination of the appeal.

(5) Except as provided in this Part, a

determination of ORG under this Part may
not be challenged or called into question.
101. Sale of forfeited shares
(1) ORG is to sell any shares forfeited to the State under this Part.
(2) For the purposes of a sale of shares under sub-section (1), ORG is not bound by any restriction on the sale of shares whether
contained in the memorandum or articles of association of the relevant corporation or in any other document.
(3) Any money realised from the sale of

forfeited shares under this section must, after
deduction of the reasonable costs of the

Rail Corporations (Further Amendment) Act 1998

s. 15

Act No. 98/1998

forfeiture and sale be paid to the person from
whom the shares were forfeited.

102.
Service to be served on a person—
(a) in the case of a natural person—
(i) may be served personally on the person; or
(ii) may be sent by post to the person at his or her last known place of residence, business or employment; or

(b)

in the case of a company or other body, may be left at, or sent by post to, its registered office or a place of business of the company or body whether within the State or elsewhere.
PART 6—GENERAL

103.
Delegation to—
(a) the Secretary; or

(b)

the Secretary to the Department of Treasury and Finance; or
(c) the Director; or

(d)
Public Sector Management and
an executive within the meaning of the the Department—

any of his or her powers under this Act other
than this power of delegation.

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 15

104. Freedom of Information Act 1982

(1) The Freedom of Information Act 1982

does not apply to a document to the extent to
which the document discloses information
about—

(a) the identity of any person expressing an interest in purchasing, or making an offer to purchase—
(i) any property of V/Line Freight, V/Line Passenger Corporation, Met Train 1, Met Train 2, Met Tram 1 or Met Tram 2; or
(ii) any shares in a relevant body corporate or any property or rights of a relevant body corporate; or

(b)

the terms of any expression of interest or offer referred to in paragraph (a).
(2) In this section—
"relevant body corporate" means a train operator or a tram operator.

105.
It is the intention of section 100(5) to alter or
Supreme Court—limitation of jurisdiction 1975.

106.
Regulations regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

Rail Corporations (Further Amendment) Act 1998

s. 16

Act No. 98/1998

PART 7—TRANSITIONAL

107.
Orders under repealed sections before the commencement of section 15 of the Rail Corporations (Further Amendment) Act 1998 has effect—

(a)

in the case of an Order under section 60A, as if it were an Order under section 60 as amended by that Act;

(b)

in the case of an Order under section 61, as if it were an Order under section 61 as amended by that Act;

(c)

in the case of an Order under section 62, as if it were an Order under section 62 as amended by that Act;

(d)

in the case of an Order under section 63, as if it were an Order under section 63 as amended by that Act.

108.
Repeals consequential on new Part 4 18F, 18K, 18L, 18Q, 18R, 18S, 18X, 18Y, 18Z, 18ZE and 18ZF are repealed.'.

16. New section 106A inserted
In Part 7 of the Principal Act, before section 107 insert—

"106A. Privatisation of V/Line Freight

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

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 16

(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.".

_______________
Rail Corporations (Further Amendment) Act 1998

s. 17

Act No. 98/1998

PART 3—TRANSPORT ACT 1983

17. Principal Act

No. 9921.	In this Part, the Transport Act 1983 is called the
Reprint No. 6
as at 1 July	Principal Act.
1998.

18. Definitions: general
(1) In section 2(1) of the Principal Act insert— ' "Director" means the Director of Public

Transport under this Act;

"passenger service" has the same meaning as in the Rail Corporations Act 1996;
"public transport property" means property that

is used by a passenger transport company in
the provision of a passenger service;

"rail corporation" has the same meaning as in the Rail Corporations Act 1996;
"rail freight operator" means—
(a) V/Line Freight; or

(b)

a person or body specified in an Order under sub-section (2B), subject to any terms and conditions specified in that Order;
"train operator", in relation to a provision of
this Act, means a body corporate specified in an Order under sub-section (2C) to be a train operator for the purposes of that provision;
"tram operator", in relation to a provision of
this Act, means a body corporate specified in an Order under sub-section (2D) to be a tram operator for the purposes of that provision.'.

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 18

(2) In section 2(1) of the Principal Act, for the

definition of "passenger transport company"
substitute—
' "passenger transport company" means—
(a) the Public Transport Corporation; or
(b) V/Line Passenger Corporation; or
(c) Met Train 1 and Met Train 2; or
(d) Met Tram 1 and Met Tram 2; or
(e) a train operator; or
(f) a tram operator; or

(g)

a person or body specified in an Order under sub-section (2A), subject to any terms and conditions specified in that Order;'.
(3) In section 2 of the Principal Act, after sub-section
(2) insert—

"(2A) The Governor in Council, by Order

published in the Government Gazette, may purposes of this Act.
declare that a person or body specified in the
Order, being a person or body that has
entered into a contract with the Crown or the
Secretary or the Director on behalf of the
Crown for the provision by that person or
body of a passenger service, is, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
(2B) The Governor in Council, by Order
published in the Government Gazette, may rail freight services, is, on and from a date specified in the Order and subject to any

declare that a person or body specified in the

Rail Corporations (Further Amendment) Act 1998

s. 19

Act No. 98/1998

terms and conditions specified in the Order,
a rail freight operator for the purposes of this
Act.
(2C) The Governor in Council, by Order
published in the Government Gazette, may or Rail Track, is, on and from a specified date, a train operator for the purposes of a specified provision of this Act.
declare that a specified body corporate,
being a body corporate that is a party to a
lease of rail infrastructure (within the
meaning of the Rail Corporations Act
1996) by the Director acting on behalf of the
(2D) The Governor in Council, by Order
published in the Government Gazette, may or Rail Track, is, on and from a specified date, a tram operator for the purposes of a specified provision of this Act.".
declare that a specified body corporate,
being a body corporate that is a party to a
lease of tram infrastructure (within the
meaning of the Rail Corporations Act
1996) by the Director acting on behalf of the

19. Heading to Division 1, Part 2
In Part II of the Principal Act, for the heading to
Division 1 substitute—
"Division 1—The Department".

20. New section 4A inserted
After section 4 of the Principal Act insert—

Rail Corporations (Further Amendment) Act 1998

s. 21
s. 22

Act No. 98/1998

"4A. Revenue allocation agreements
(1) The Crown may enter into agreements
relating to the allocation of revenue derived from the provision by any person or body of any passenger services or other transport
services.
(2) An agreement referred to in sub-section (1) may be entered into on behalf of the Crown by the Secretary or the Director or the
Secretary and the Director acting jointly.".

21. Powers of Secretary
(1) In section 6A of the Principal Act, sub-section (2)
is repealed.

(2) In section 6A of the Principal Act, after sub-

section (3) insert—
"(4) The Secretary, on behalf of the Crown, may

enter into an agreement referred to in section
4A(1).".
(3) In section 7A of the Principal Act, at the end of

the section insert—
"(2) The Minister cannot give to the Secretary

any direction as to the quantum of any penalty provision within the meaning of that section.".
amount payable under section 68 of the Rail

22. New sections 8 and 9 inserted
After section 7A of the Principal Act insert—

'8. Director of Public Transport

There shall be a Director of Public Transport employed under Part 3 of the Public Sector Management and Employment Act 1998.
9. Functions and powers of Director

Rail Corporations (Further Amendment) Act 1998
Act No. 98/1998

(1) The Director has the general administration

of arrangements entered into with a body
corporate that is a train operator or tram
operator.

(2) Subject to the approval of the Minister, the Director may on behalf of the Crown—

(a) acquire, hold or dispose of real or personal property;
(b)
participate in the formation of a body;

(c) subscribe for or otherwise acquire, and hold and dispose of, shares in or debentures or other securities of, a corporation;
(d) become a member of a company limited by guarantee;
(e) subscribe for or otherwise acquire, and hold and dispose of, units in a trust;
(f) acquire, and hold and dispose of, an interest in a partnership or other body;
(g) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside the State relating to, or connected with, the provision of passenger services or other transport services.
(3) The Director also has any other functions

and powers conferred on the Director by or
under this or any other Act.

Rail Corporations (Further Amendment) Act 1998

s. 22
s. 23

Act No. 98/1998

(4) Without derogating from the Director's

functions and powers under sub-sections (1),
(2) and (3) and section 5, the Director may
on behalf of the Crown—

(a)

enter into agreements, leases or licences relating to, or connected with, the provision or operation by a person or body of a passenger service;
(b) operate a passenger service;

(c) enter into an agreement referred to in section 4A(1);
(d) enter into any other agreement, lease or licence or do any other thing that it is necessary or convenient to enter into or do for, or in connection with, or as incidental to, the performance of his or her functions.
(5) The Director must comply with any directions given by the Minister.
(6) Neither the Minister nor the Secretary can give to the Director any direction as to the quantum of any amount payable under
section 68 of the Rail Corporations Act
1996 for breach of a civil penalty provision
within the meaning of that section.
(7) The Director may, by instrument, delegate to

a person by name or to the holder of an
office any power of the Director, other than
the power to enter into agreements, leases or
licences on behalf of the Crown or this
power of delegation.'.

23. New section 10 inserted
After section 9 of the Principal Act insert—
'10. Priority of passenger services

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998

(1) If—

(a) an agreement relating to the provision or operation of passenger services entered into between the Director on behalf of the Crown and a train operator provides for the Director to require or approve a change in the timetable for a passenger service provided by the train operator; and
(b)
in accordance with that agreement the timetable change; and

(c)
service to which the timetable change
relates, the train operator requires
in order to provide the passenger transport services within the meaning of the Rail Corporations Act 1996; and

(d)

the train operator is a party to an agreement relating to access to those declared rail transport services or is bound by a determination on such access made in accordance with section 26 of the Office of the Regulator- General Act 1994—
then—

(e)

the person that is the operator for the purposes of Part 2A of the Rail Corporations Act 1996 of the rail infrastructure used to provide those declared rail transport services (in this section referred to as "the rail infrastructure operator") must provide the train operator with such access to those services as is necessary to enable

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 23
the train operator to provide the
passenger service in accordance with
the timetable change; or

(f) if the train operator and the rail infrastructure operator are the same person, the train operator may use those services to the extent necessary to enable the train operator to provide the passenger service in accordance with the timetable change.
(2) Sub-section (1) applies even if the provision

of access to or use by the train operator
may—

(a)
infrastructure operator of the declared
interfere with an existing use by the rail by that operator of a rail transport service other than a passenger service or a service that is predominantly a passenger service (in this section referred to as "a non-passenger service"); or

(b)
interfere with an existing right of rail transport services to provide a non- passenger service.

(3) Sub-section (1) is subject to—

(a)

any existing use by the rail infrastructure operator of the declared rail transport services for the provision of, or predominantly for the provision of, a passenger service by that operator; or

(b)

any existing right of access of a train operator to the declared rail transport

Rail Corporations (Further Amendment) Act 1998

s. 23	Act No. 98/1998
services for the provision of, or predominantly for the provision of, a passenger service.

(4) Nothing in sub-section (2) or (3) affects any provision of an agreement or determination referred to in sub-section (1)(d) or relating to
a right of access referred to in sub-section
(2)(b) or (3)(b) which specifies the
respective rights and obligations of the
parties to the agreement or the parties bound
by the determination as a result of—

(a) any interference with an existing use or right of access arising from the operation of this section; or
(b)
timetable change in accordance with an
the Director requiring or approving a (1)(a).

(5) Subject to the terms of any agreement or determination relating to a right of access referred to in sub-section (2)(b), if the
operation of this section interferes with that
right of access, the rail infrastructure
operator must use all reasonable endeavours
to provide alternative access to the person
whose right of access is interfered with so as
to minimise that interference.
(6) In deciding whether to require or approve a

timetable change in accordance with an
agreement referred to in sub-section (1)(a),
the Director must have regard to the
objective of ensuring that the provision of a
passenger service has priority over any non-
passenger service unless, in the particular
circumstances, the interference with a non-
passenger service resulting from according

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 24
that priority would in the opinion of the Director be serious and unreasonable.'.

24. New section 11 inserted
At the end of Division 1 of Part II of the Principal
Act insert—
'11. Public Transport Fund
(1) There shall be established in the Trust Fund
an account to be known as the "Public
Transport Fund".
(2) There shall be paid into the Public Transport
Fund—

(a) all amounts received under agreements, leases or licences entered into by or on behalf of the Crown relating to, or
connected with, passenger services or
other transport services;
(b) all amounts allocated to the Crown in accordance with any agreement referred to in section 4A(1);
(c) any income from the investment of money standing to the credit of the Fund and the proceeds of sale of any
investment;

(d) money appropriated by the Parliament for the purposes of the Fund;
(e) any other money directed by the Treasurer to be paid into the Fund.
(3) There shall be paid out of the Public Transport Fund—

Rail Corporations (Further Amendment) Act 1998

s. 25

s. 26

Act No. 98/1998

(a)

all amounts payable by or on behalf of the Crown in accordance with agreements, leases or licences relating to passenger services or other transport services;

(b)

any other amounts authorised under this or any other Act to be paid out of the Fund.
(4) Money standing to the credit of the Public
Transport Fund may be invested in any manner in which trust funds may be invested under the Trustee Act 1958.'.

25. Contracts with Crown
In the Principal Act—

(a) in section 4(2)(aa), for "Secretary" (where twice occurring) substitute "Crown or the Secretary or the Director";
(b) in section 5, after "Secretary" insert "or the Director";
(c)
in section 14A(2)(b)(ii) and (iii), for Secretary or the Director";

(d)

in section 221(1)(a), after "Corporation" insert "or under a contract entered into by the Crown or the Director on behalf of the Crown";

(e)

in section 222(2), after "Corporation" insert "or under a contract entered into by the Crown or the Director on behalf of the Crown".

26. Regulations

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998

(1) In section 56(1) of the Principal Act—

(a)

in paragraphs (a), (b) and (c), after "Corporation" insert ", passenger transport company or rail freight operator";

(b)

in paragraph (d), after "Corporation" insert "or Rail Track";

(c)

in paragraphs (e), (f), (h) and (k), after "Corporation" insert "or Rail Track or under the control of the Director or of a passenger transport company or rail freight operator";

(d)

in paragraph (ma), after "Corporation" insert "or a passenger transport company or Rail Track";
(e) in paragraph (r)—
(i) after "Part" (where first and secondly occurring) insert "or Division 4A of Part VII";
(ii) after "Part" (where thirdly occurring) insert "or on the Secretary by Division 4A of Part VII".

(2) In section 56(3) of the Principal Act—

(a) in paragraph (d), after "Corporation" insert "or passenger transport company";
(b)
in paragraph (f), after "Corporation" (where transport company".
(3) In section 56 of the Principal Act, after sub-
section (3) insert—

"(3A) A reference in sub-section (1) to—

(a)

a passenger transport company is a reference to such a company only in its capacity as a provider of a passenger service; and

Rail Corporations (Further Amendment) Act 1998

s. 27

s. 28

Act No. 98/1998

(b)

a rail freight operator is a reference to such an operator only in its capacity as an operator of rail freight services—
and regulations cannot be made under that
sub-section that have any effect in relation to
such a company or operator in the
performance by it of any other function or
the exercise by it of any other power.".

27. Definitions: Part VII
(1) In section 208 of the Principal Act insert—
' "ticket infringement" means a ticket offence

that is prescribed for the purposes of this
Part;

"ticket offence" means—
(a) an offence against section 221; or

(b) an offence against a provision of this Act or the regulations relating to—
(i) a ticket within the meaning of section 221; or
(ii) conditions subject to which a person makes a journey.'.

(2) In section 208 of the Principal Act, in the

definition of "transport infringement" after "safety
work infringement" insert "or ticket
infringement".

28. Amendment of Division heading
In the heading to Division 2 of Part VII of the Principal Act, after "Transport" insert "and Ticket".

29. Amendment of section 211

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998

In section 211 of the Principal Act, for sub-section
(1) substitute—
'(1) In this Division—

"authorised officer"—

(a)
infringement, means an officer of
the Public Transport Corporation
or the Roads Corporation
appointed in writing by that
in relation to a transport an officer of any such Corporation or not) appointed in writing by the Secretary either generally or in a particular case for the purposes of this Division;

(b)

in relation to a ticket infringement, means—

(i)
a person who is employed or transport company; or
(ii) a person who is employed in the Department under Part 3 of the Public Sector

Management and
Employment Act 1998; or

(iii)
engaged by a person
providing transport services
under an agreement entered
into with the Secretary or the
a person who is employed or Crown—
and who is appointed in writing by the Secretary either generally

Rail Corporations (Further Amendment) Act 1998

s. 30

s. 31

Act No. 98/1998

or in a particular case for the
purposes of this Division.'.

30. Ticket and transport infringements
(1) In section 212(1) of the Principal Act for "an

authorised officer" substitute "a person who is an
authorised officer in relation to a transport
infringement".

(2) After section 212(1) of the Principal Act insert—
"(1A) A member of the police force or a person

who is an authorised officer in relation to a
ticket infringement who has reason to
believe that a person has committed a ticket
infringement may, in accordance with the
regulations, serve on that person a ticket
infringement notice.".

(3) In section 212(2) and (3) of the Principal Act,

after "transport infringement notice" insert "or
ticket infringement notice".

(4) In section 212(5) of the Principal Act, after
"transport infringement" insert "or ticket
infringement".

(5) In section 215(1) of the Principal Act—

(a)

after paragraph (a) insert— "(ab) prescribing ticket infringements for
which a ticket infringement notice may
be served; and";

(b)

in paragraphs (b) and (c) for "a transport" substitute "an";

(c)

in paragraph (f) after "infringement" insert "or ticket infringement".

31. Power to require names and addresses

Rail Corporations (Further Amendment) Act 1998
Act No. 98/1998

In section 218B of the Principal Act, after sub- section (2) insert—
"(2A) Despite anything to the contrary in sub- section (2), an authorised officer who is employed or engaged by a passenger
transport company may only make a request
under that sub-section if the authorised
officer believes on reasonable grounds that
the person has committed or is about to
commit an offence against this Part or
against any regulation made under this Part
or section 56 or 249B.".

32. New section 219AA inserted
After section 219 of the Principal Act insert—

'219AA. Power of authorised persons to detain
suspected offenders
(1) In this section—
"authorised person" means a person who is

employed or engaged by a passenger
transport company and who is
authorised in writing by the Secretary
either generally or in a particular case
for the purposes of this section.

(2) Subject to sub-section (7), this section

applies if an authorised person believes on
reasonable grounds that a person has
committed an offence against this Part or
against any regulation made under this Part
or section 56 or 249B.

(3) The authorised person may detain the person

if the authorised person believes on
reasonable grounds that the detention is
necessary for any one or more of the
following reasons—

Rail Corporations (Further Amendment) Act 1998

s. 32

Act No. 98/1998

(a)

to ensure the appearance of the person before a court of competent jurisdiction;
(b) to preserve public order;

(c) to prevent the continuation or repetition of the offence or the commission of a further offence;
(d) for the safety or welfare of members of the public or of the person.
(4) The authorised person may ask any other

person to assist him or her to detain an
alleged offender, and that other person may
assist in the detention.

(5) The authorised person must give the alleged offender into the charge of a member of the police force as soon as is practicable after

detaining him or her.

(6) A member of the police force who is given
section (5) must release the alleged offender
or convey him or her as soon as is
practicable before a bail justice or the

charge of an alleged offender under sub- to law.
(7) An authorised person—

(a)
section in relation to offences or
suspected offences relating to a
passenger transport company
may only exercise powers under this believes were committed on or in relation to public transport property of that passenger transport company; and

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 33

(b)

in exercising powers under this section may not use any more force than is reasonable in the circumstances.'.

33. Power to remove offenders
(1) In section 220 of the Principal Act, before sub- section (1) insert—
'(1AA) In this section—
"authorised person" means a person who is

employed or engaged by a passenger
transport company and who is
appointed in writing by the Secretary
either generally or in a particular case
for the purposes of this section.'.

(2) In section 220 of the Principal Act—

(a)
in sub-section (1), after "Corporation" authorised person";

(b)
insert "or, in the case of an authorised
person, an offence against this Part or against

in sub-section (1)(a), after "regulations" section 56 or 249B";

(c)
in sub-section (1)(b), for "that Corporation in property of that Corporation" substitute "that Corporation or of the passenger transport company in lawful use of any vehicle or premises or property of that Corporation or company";

(d) in sub-section (1), for "officers or agents of that Corporation or any of them" substitute "officer or agent of that Corporation or the
authorised person";

Rail Corporations (Further Amendment) Act 1998

s. 34

s. 35

Act No. 98/1998

(e) in sub-section (1), after "that Corporation" (where fourthly and fifthly occurring) insert "or company";
(f) in sub-section (2), after "Corporation" insert "or an authorised person".
(3) After section 220(5) of the Principal Act insert— "(6) An authorised person may only exercise
powers under this section in relation to
offences or suspected offences relating to a
passenger transport company committed or
that the authorised person believes were
committed on or in relation to public
transport property of that passenger transport
company.".

34. Ticket conditions
In section 221 of the Principal Act, after sub- section (1) insert—

"(1A) A passenger transport company may—

(a) with the approval of the Secretary or the Director, determine conditions to which a ticket of a specified class
issued by it is to be subject; and

(b) publish those conditions in the Government Gazette.
(1B) A ticket issued by a passenger transport company that is of a class in respect of which conditions approved by the Secretary
or the Director have been published in the section (1A) is issued subject to those conditions.".

35. Graffiti
(1) In the Principal Act—

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 36

(a)
"the Public Transport Corporation"
in sections 223A(1) and 223B(1) and (3), for passenger transport company";

(b)
(c) in section 223B(4)—
in section 223A(1), for "that Corporation" company";

(i)
for "the Public Transport Corporation" passenger transport company";
(ii) for "the Public Transport Corporation" (where secondly occurring) substitute "the passenger transport company".

(2) In section 223A(1) of the Principal Act, omit the definition of "authorised officer".
(3) In section 223C of the Principal Act—
(a) omit "or an authorised officer";

(b)
for "the Public Transport Corporation" passenger transport company";
(c) omit "or officer";

(d)
in paragraph (a), for "Public Transport company".

(4) In section 223D of the Principal Act, omit "or an authorised officer".

36. Prosecutions
(1) In section 229 of the Principal Act, after sub- section (1) insert—

Rail Corporations (Further Amendment) Act 1998
Act No. 98/1998

"(1AA) Despite anything to the contrary in sub-

section (1), a proceeding for a ticket offence
may be brought by a person who is
employed or engaged by a passenger
transport company and who is authorised in
writing by the Secretary either generally or
in a particular case for the purposes of this
section.".

(2) In section 229(1B) of the Principal Act, after "(1)"

insert ", (1AA)".
37. Evidentiary provisions

(1) In section 230(2) of the Principal Act—

(a)

after "a Corporation" insert "or a passenger transport company";
(b) after "the Corporation" insert "or company".

(2) In section 230(3A) of the Principal Act—

(a)

after "the Corporation" (where first occurring) insert ", or under the hand of a person who is employed or engaged by a passenger transport company authorised to sign that certificate by the chief executive of the company,";

(b)

after "the Corporation" (where secondly occurring) insert "or company (as the case requires)".

(3) In section 230(4) of the Principal Act—

(a)

after "or of a Corporation" insert "or of a person who is employed or engaged by a passenger transport company";

(b)

after "Chief Executive of the Corporation" insert "or of the company".

(4) In section 230(5) of the Principal Act—
Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 38

(a)

after "a Corporation" insert "or a passenger transport company";
(b) after "the Corporation" insert "or company".

38. New section 246B inserted
After section 246A of the Principal Act insert—

"246B. Rail Corporations (Further Amendment)
Act 1998
On the repeal of section 6A(2) by section 21(1) of the Rail Corporations (Further Amendment) Act 1998, any property vested
by force of that section in the Secretary and
his or her successors immediately before that
repeal vests in the Crown by force of this
section.".

39. New section 249C inserted
After section 249B of the Principal Act insert—

"249C. Exemption for tramway rollingstock

(1) Nothing done or omitted to be done by a
passenger transport company, government department or any other person or body in relation to—

(a) authorising, permitting or requiring the use of, or using, a tram or light rail vehicle in the provision of a service for the carrying of passengers by tramway that is so constructed or designed that ingress to it or egress from it is denied or limited to certain persons; or
(b)
provision of, or providing, stopping
places or associated facilities for
passenger services on any land on
authorising, permitting or requiring the within the meaning of the Rail

Rail Corporations (Further Amendment) Act 1998

s. 39	Act No. 98/1998
Corporations Act 1996 that are so constructed or designed that use of them is denied or limited to certain persons—

constitutes discrimination on the basis of impairment for the purposes of the Equal Opportunity Act 1995 and any conduct
referred to in this section is authorised. (2) This section expires on 1 January 2008.".

_______________
Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 40

PART 4—OTHER ACTS

40. Rail Corporations (Amendment) Act 1997 No. 104/1997.

(1) In section 36 of the Rail Corporations

(Amendment) Act 1997, in proposed new section
221A of the Transport Act 1983—

(a) in sub-section (1), for "section 221(1)(c)" (where first occurring) substitute "a relevant provision";
(b)
in sub-section (1), for paragraph (a) "(a) is competent to exercise the functions
conferred on an authorised person by
the relevant provision; and";

(c)

in sub-section (1)(d), for "section 221" substitute "the relevant provision";

(d)

in sub-sections (2), (7) and (8), for "section 221(1)(c)" substitute "a relevant provision";

(e)

in sub-section (8)(a) for "section 221" substitute "the relevant provision".

(2) In section 36 of the Rail Corporations

(Amendment) Act 1997, after proposed new
section 221A(9) of the Transport Act 1983
insert—
'(10) In this section—
"relevant provision" means section
219AA, 220 or 221.'.

(3) In section 37 of the Rail Corporations

(Amendment) Act 1997, in proposed new

Rail Corporations (Further Amendment) Act 1998

s. 41

Act No. 98/1998

Division 4A to be inserted in Part VII of the
Transport Act 1983—

(a)

in section 228A(1), for "section 221" substitute "a relevant provision within the meaning of section 221A";

(b)

in section 228A(2)(b)(i), after "fee" insert ", if any".

41. Rail Corporations (Amendment) Act 1998

No. 47/1998.

In the Rail Corporations (Amendment) Act
1998—

(a)

in section 10, in proposed new Part 2A of the Rail Corporations Act 1996, section 38Q is repealed;
(b) section 13 is repealed.

42. Access Regime
In section 10 of the Rail Corporations
(Amendment) Act 1998, for proposed new
section 38B to be inserted in the Rail
Corporations Act 1996 substitute—

'38B. Objectives of the Office of the Regulator-
General
The objectives of the Office in relation to the regulated industry are, in addition to the objectives under section 7 of the Office of the Regulator-General Act 1994 (but subject to section 4(2) of that Act)—

(a) to ensure users have fair and reasonable access to declared rail transport services; and
(b)
access to declared rail transport
to ensure that users which require have priority over users which require

Rail Corporations (Further Amendment) Act 1998

s. 43
s. 44
Act No. 98/1998
such access to provide services other
than passenger services ("non-
passenger services").'.

43. Further amendment of access regime

(1) In section 10 of the Rail Corporations

(Amendment) Act 1998, at the end of proposed
new section 38C to be inserted in the Rail
Corporations Act 1996 insert—
"(4) Until 1 July 2001, sub-section (1) does not
apply to a rail transport service to the extent that the service relates to the use of railway track between Shepparton and Seymour or between Warrnambool and South Geelong for the purpose of providing passenger
services.".

(2) In section 10 of the Rail Corporations

(Amendment) Act 1998, at the end of proposed
new section 38H to be inserted in the Rail
Corporations Act 1996 insert—
"(2) The Office must not make a determination
providing access unless the Office has given
notice to the Director of the application
under section 38F at least 20 days before
making the determination and has considered
any submission made by the Director before
the determination is made.".

44. Borrowing and Investment Powers Act 1987

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998

No. 13/1987.	In Schedule 1 to the Borrowing and Investment
Reprint No. 4	Powers Act 1987, after item 23B insert—
as at

12 September	"23C.	V/Line Passenger	5, 8, 10, 11, 11AA,
1997. Further	Corporation	11AB, 13, 14, 14A,
amended by
Nos 84/1996,	15, 20, 20A and 21".
56/1997, 71/1997, 91/1997, 93/1997, 99/1997, 104/1997, 109/1997, 25/1998 and
43/1998.

45. Country Fire Authority Act 1958

No. 6228.	In section 3 of the Country Fire Authority Act
Reprint No. 8
as at	1958, in the definition of "heat engine" after
1 January	"railway line" insert "owned by or".
1998.

46. Docklands Authority Act 1991

No. 22/1991.	In section 28 of the Docklands Authority Act
Reprint No. 1
as at 9 May	1991, after sub-section (2) insert—
1996. Further
amended by	"(2A) Without limiting sub-section (2), if under
Nos 9/1996,
73/1996,	that sub-section the Authority is required to
63/1997,	get the approval of Victorian Rail Track
66/1997,	before doing anything under sub-section (1),
104/1997,
18/1998 and	the Authority must also get the approval of
46/1998.	the Director of Public Transport appointed under the Transport Act 1983 before doing that thing.".

47. Local Government Act 1989

No. 11/1989.	In section 154 of the Local Government Act
Reprint No. 4
as at 1 July	1989, after sub-section (3) insert—
1998.

"(3A) For the purposes of sub-section (2)(b), any

part of land does not cease to be used
exclusively for public purposes only because
it is leased—

Rail Corporations (Further Amendment) Act 1998

Act No. 98/1998 s. 48

(a)

to a rail freight operator within the meaning of the Transport Act 1983; or

(b)

to a passenger transport company within the meaning of that Act.".

48. Office of the Regulator-General Act 1994

(1) In section 3(2) of the Office of the Regulator- General Act 1994, for "sub-section (3)"

No. 42/1994. Reprint No. 2
as at 19 June

substitute "sub-sections (3) and (5)".

1997. Further amended by

(2) After section 3(4) of the Office of the Regulator-
General Act 1994 insert—
"(5) Sub-section (2) does not apply to—
No. 46/1998.
(a) railways and rail infrastructure; or
(b) tramways and tram infrastructure.".

49. Treasury Corporation of Victoria Act 1992

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

No. 80/1992. Reprint No. 2
as at

authority", after "V/Line Freight," insert "V/Line 20 August
Passenger Corporation,". 1998.

(2) In Schedule 1 to the Treasury Corporation of

Victoria Act 1992, after the entry relating to
V/Line Freight insert—

"V/Line Passenger Rail Corporations Act
Corporation 1996".

═══════════════
Rail Corporations (Further Amendment) Act 1998

Notes

Act No. 98/1998

NOTES

†
Minister's second reading speech—
Legislative Assembly: 27 October 1998
Legislative Council: 12 November 1998
The long title for the Bill for this Act was "to make further amendments to the Rail Corporations Act 1996 and the Transport Act 1983 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 10 November 1998
Legislative Council: 12 November 1998
Absolute majorities:
Legislative Assembly: 12 November 1998
Legislative Council: 17 November 1998

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Citations

Rail Corporations (Further Amendment) Act 1998 (Vic)

Cases Citing This Decision

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Statutory Material Cited

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6.	Functions and powers of Rail Track	6
7.	Amendment of section 13F	6
8.	New section 18AA inserted	7
18AA. Met Train 1 may trade as Bayside Trains	7
9.	New section 18GA inserted	7
18GA. Met Train 2 may trade as Hillside Trains	7
10.	New section 18MA inserted	7
18MA. Met Tram 1 may trade as Swanston Trams	7
11.	New section 18TA inserted	7
18TA. Met Tram 2 may trade as Yarra Trams	7
12.	New section 18ZAA inserted	8
18ZAA. Trading name	8
13.	Amendment of section 39	8
14.	New sections 59A to 59C inserted	9

59A.	List of RC staff	9
59B.	Transfer of RC staff	10
59C.	Future terms and conditions of transferred employees	11

15.	New Parts 4 to 7 inserted	12
PART 4—RAIL AND TRAM OPERATORS	12
Division 1—Certain powers	12

60.	Clearance of trees etc.	12
61.	No obligation to fence	15
62.	Power to break up roads, etc.	16
63.	Power to install stopping places, etc.	18

64.	Level crossings	19
65.	Tram infrastructure	21
66.	Overhead power supply	22
67.	Power to stop traffic	24

68.	Civil penalty provisions	25
69.	Validity of certain provisions	27

70.	Assets of certain operators	28
71.	Allocation statement	29
72.	Assets transferred in accordance with statement	30
73.	Allocation of assets subject to encumbrances	30
74.	Certificate of Director	31
75.	Consideration for transferred property	31
76.	Former transferor instruments and agreements	32
77.	Proceedings	32
78.	Taxes	32
79.	Evidence	33
80.	Validity of things done under this Division	33

81.	Definitions	34
82.	Relevant interest in, and entitlement to, shares	35
83.	Corporations Law	36
84.	Unit trusts	37
85.	Stock	37
86.	Controlling interest	38
87.	Application of Part to partnerships	39
88.	Certain shareholders agreements to be disregarded	40
89.	Certain "see-through" interests to be disregarded	41
90.	Effect of certificate under section 88 or 89	44
91.	Application and construction of Part	44

92.	Prohibited interests	45
93.	Other provisions relating to prohibited interests	45
94.	Temporary exemption from prohibition	46
95.	Power to require information relating to interests	47
96.	Disposal of interest	48
97.	Voting rights in respect of certain shares	52
98.	Annulment of certain resolutions	52

103.	Delegation	55
104.	Freedom of Information Act 1982	56
105.	Supreme Court—limitation of jurisdiction	56
106.	Regulations	56

107.	Orders under repealed sections	57
108.	Repeals consequential on new Part 4	57

17.	Principal Act	59
18.	Definitions: general	59
19.	Heading to Division 1, Part 2	61
20.	New section 4A inserted	61

8.	Director of Public Transport	62
9.	Functions and powers of Director	62

25.	Contracts with Crown	69
26.	Regulations	69
27.	Definitions: Part VII	71
28.	Amendment of Division heading	71
29.	Amendment of section 211	71
30.	Ticket and transport infringements	73
31.	Power to require names and addresses	73
32.	New section 219AA inserted	74
219AA. Power of authorised persons to detain suspected

35.	Graffiti	77
36.	Prosecutions	78
37.	Evidentiary provisions	79
38.	New section 246B inserted	80

40.	Rail Corporations (Amendment) Act 1997	82
41.	Rail Corporations (Amendment) Act 1998	83
42.	Access Regime	83

43.	Further amendment of access regime	84
44.	Borrowing and Investment Powers Act 1987	84
45.	Country Fire Authority Act 1958	85
46.	Docklands Authority Act 1991	85
47.	Local Government Act 1989	85
48.	Office of the Regulator-General Act 1994	86
49.	Treasury Corporation of Victoria Act 1992	86

(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 RC; 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 RC, immediately before the relevant date.

(a)	any of the terms and conditions of employment of a transferred RC 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 RC employee from transferring to the employment of another relevant person at any time within 6 months after the relevant date on terms and conditions agreed to by the employee and that other relevant person; or
(c)

(a)	enter the land at any reasonable time and carry out the work specified in the notice; and
(b)	recover the cost of carrying out the work from the owner or occupier as a debt.

(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.

(a)	is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that person of a passenger service; or
(b)	is a party to a lease with Rail Track, the Public Transport Corporation, the Secretary or the Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Corporation or the Crown.

(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; and
(b)	may take possession of, and use, the whole or any portion of such a road.

(a)	is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that person of a passenger service; or
(b)	Public Transport Corporation or the Secretary or the Director acting on behalf of the Crown in relation to any tram infrastructure owned by Rail

(c)	a person specified in an Order under sub-section (3), subject to any terms and conditions specified in that Order;
(d)	a person authorised, in accordance with the agreement, lease or licence referred to in sub-section (1), by a person
referred to in paragraph (a), (b) or (c) to exercise a power conferred on the

Act No. 98/1998	s. 15
owned by Rail Track, the Public Transport Corporation or the Crown.

Act No. 98/1998	s. 15
(a)	must allocate the relevant assets to or between the State and such persons as the Minister nominates in writing; and

(a)	the Minister must sign the statement; and
(b)	the statement is an allocation statement for the purposes of this Division.

(a)	must keep a register of certificates issued under this section; and
(b)

(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.
77.