Rail Management Act 1996 (Vic)

Version No. 069

Rail Management Act 1996

No. 79 of 1996

Version incorporating amendments as at

6 August 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

3ATransport Integration Act 2010

Part 2A—Rail access

Division 1—Preliminary

38ADefinitions

38BMeaning of operate

38CMeaning of rail transport service

38DDeclaration of persons to be access providers

38EDeclaration of rail transport services

38FObject of Part

38GPrinciple of passenger priority

Division 2—Ministerial instruments for the purposes of this Part

Subdivision 1—Rail access guidelines

38HPreparation of rail access guidelines

38IPublic availability of rail access guidelines

Subdivision 2—Rail access maximum pricing

38JInitial specification of rail access maximum prices

38KAnnual changes in rail access maximum prices

38LReview of specified maximum prices following change in railway track standards

38MIncrease in maximum prices at request of access provider

Subdivision 3—Public consultation requirements

38NPublic consultation for draft rail access guidelines and proposed rail access maximum prices

Division 3—Rail access agreement content order

38ORail access agreement content order

Division 4—Statement of Freight Network Capability

38PStatement of Freight Network Capability

38QPreparation of new Statement of Freight Network Capability if there is a material change

38RMinister to be notified of amendment to railway track standards

Division 5—Rail access arrangements

38SPreparation and publication of rail access arrangement that accords with this Division

38TScope of rail access arrangement

38UContent of rail access arrangements

38VAmendment of rail access arrangements

38WPublication of rail access arrangements

38XWhen rail access arrangements take effect

Division 6—Requests for access

38YRequests for access

38ZAssessment of requests for access

Division 7—Disputes about rail access

Subdivision 1—Preliminary

38ZAMeaning of access regime dispute

Subdivision 2—Notification

38ZBNotification of access regime dispute

Subdivision 3—Independent panel

38ZCHead, Transport for Victoria must constitute independent panel to hear and determine access regime dispute

38ZDDisclosure of interests of independent panel members

38ZEMember of independent panel ceases to be or becomes incapable of being a member

38ZFFunction of independent panel

Subdivision 4—Hearing of access regime disputes

38ZGHearings for the purposes of access regime disputes

38ZHHearings to be in private

38ZIRight to representation

38ZJParticular powers for the purposes of hearing and determining access regime disputes

38ZKPower to take evidence on oath or affirmation

38ZLDecisions of independent panel

38ZMCosts to be paid by parties to access regime dispute

38ZNIndependent panel may award costs in certain cases

38ZODetermination of access regime dispute

38ZPCompliance with directions and determinations of independent panel

Division 8—Enforcement and other proceedings

38ZQProceedings for contraventions of penalty provisions

38ZRPecuniary penalties to be paid into Consolidated Fund

38ZSInjunctions

38ZTDeclaratory relief

38ZUEnforcement of determinations of access regime disputes

38ZVAppeal to Supreme Court on a question of law from a decision of an independent panel

Division 9—Reporting

38ZWAccess providers to report on freight network activity and performance

Division 10—Collection and use of information

38ZXDefinitions

38ZYRegulatory entity must have regard to certain matters

38ZZGeneral power to obtain information and documents

38ZZAProvision of information relating to declared rail transport services provided by access provider

38ZZBCompliance with requirement to provide information or document

38ZZCOffence to give false or misleading information

38ZZDOffence to threaten, intimidate or coerce person or take, threaten to take or incite

38ZZENo liability for giving information or document in compliance with requirement

38ZZFRestriction on disclosure of confidential information

38ZZGRegulatory entity must not disclose exempt freedom of information documents

Part 3—Transfer of property and staff

Division 1—Definitions

39Definitions

Division 2—Property

40Minister may direct transfer of PTC property to rail corporation or person

41Minister may direct transfer of rail corporation property to other rail corporations or persons

42Property transferred in accordance with direction

43Allocation of property etc. subject to encumbrances

44Payments in respect of financial obligations

45Certificate of Administrator or CEO

46Value of transferred property

47Substitution of party to agreement

48Former PTC and rail corporation instruments

49Proceedings

50Interests in land

51Easements

52Amendment of Register

53Taxes

54Evidence

55Validity of things done under this Division

56Minister may direct PTC or rail corporation to lease land to rail corporation or person

Division 3—Staff

57List of PTC staff

58Transfer of PTC staff

59Future terms and conditions of transferred employees

59AList of RC staff

59BTransfer of RC staff

59CFuture terms and conditions of transferred employees

Part 4—Rail and tram operators

Division 1—Certain powers

60Person to whom this section applies may require clearance of trees

60ARelevant rail transport operator to whom this section applies may clear trees without obtaining permit

61No obligation to fence

62Power to break up roads, etc.

63Power to install stopping places, etc.

64Level crossings

65Tram infrastructure

66Overhead power supply

67Power to stop traffic

Division 1A—Powers of the Secretary and the Head, Transport for Victoria

67AClearance of trees or wood

67BNo obligation to fence

67CPower to open and break up roads and divert traffic

67DPower to install stopping places and associated facilities

67ELevel crossings

67FTram infrastructure

67GOverhead power supply

67HPower to stop traffic

67IExercise of powers

Division 1B—Private crossings

Subdivision 1—Preliminary

67JDefinitions

67KModification of Land Acquisition and Compensation Act 1986—general

Subdivision 2—Private crossing closures

67LSecretary may close private crossings

67MNotice of intention to close

67NForm of notice of intention

67ORestrictions on dealings with land

67PLapse of notice

67QNotice of closure

67RTime limits

67SForm of notice of closure

67TService of copy of notice of closure

67UEffect of notice of closure

67VRight to compensation and assessment of compensation

67WInitial offer of compensation

67XResponse to initial offer of compensation and determination of disputes

Subdivision 3—Acquisition of private crossing adjoining land

67YAcquisition of private crossing adjoining land

67ZApplication of Land Acquisition and Compensation Act 1986—private crossing adjoining land

Subdivision 4—General

67ZAService

67ZBMinor misdescription not to invalidate documents

67ZCExtension or abridgement of time

Division 2—Provisions applying to certain agreements

68Civil penalty provisions

69Validity of certain provisions

Division 3—Certain operating assets

70Assets of certain operators

71Allocation statement

72Assets transferred in accordance with statement

73Allocation of assets subject to encumbrances

74Certificate signed by the Head, Transport for Victoria

75Consideration for transferred property

76Former transferor instruments and agreements

77Proceedings

78Taxes

79Evidence

80Validity of things done under this Division

Part 6—General

103Delegation

104Freedom of Information Act 1982

105Supreme Court—limitation of jurisdiction

106Regulations

Part 7—Transitional

106APrivatisation of V/Line Freight

107Orders under repealed sections

108Repeals consequential on new Part 4

109Abolition of Met Train 1

110Abolition of Met Train 2

111Abolition of Met Tram 1

112Abolition of Met Tram 2

113Abolition of V/Line Passenger Corporation

114Order relating to no obligation to fence

115Order relating to power to stop traffic

116Meaning of relevant date in sections 117 and 118

117Transitional provision concerning change of name of Station

118Transitional and savings provisions concerning change of name of Authority

118AAllocation statement relating to PTC

118BBinding access arrangements continue in effect until rail access arrangements take effect

Part 8—Southern Cross Station Authority

119Definitions

120Southern Cross Station Authority abolished

121List of staff to be transferred

122Transferred employees

123Interests in land

124Taxes

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 069

Rail Management Act 1996

No. 79 of 1996

Version incorporating amendments as at

6 August 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The main purpose of this Act is to establish a regime for the management of rail infrastructure in Victoria.

2Commencement

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

(2)Subject to subsection (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 subsection (2) does not come into operation before 1 January 1998, it comes into operation on that day.

3Definitions

(1)In this Act—

associated rail infrastructure means—

(a)an office, building or house used in the provision of rail transport services;

(b)a workshop;

(c)a terminal;

(d)rolling stock;

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Department means the Department of Transport and Planning;

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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;

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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;

freight service means a service for the carrying of freight by railway;

Head, Transport for Victoria has the same meaning as it has in section 3 of the Transport Integration Act 2010;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

metropolitan area means the area within a radius of 30 kilometres of the post office at the corner of Bourke Street and Elizabeth Street, Melbourne;

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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;

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propertymeans any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

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public transport service means a service—

(a)for the manufacture, production, supply or issue of tickets, or the supply and maintenance of a ticketing system, for use by passengers on a railway or tramway;

(b)for the distribution of tickets amongst train operators and tram operators;

(c)for the collection of revenue from ticket sales and the distribution of that revenue amongst train operators and tram operators;

(d)for the provision of information to passengers or members of the public relating to the operation of a passenger service;

(e)for the marketing of passenger services or other transport services;

(f)for the construction and supply of rail infrastructure, train infrastructure or rolling stock;

(g)for the maintenance of rail infrastructure, tram infrastructure or rolling stock;

(h)that is ancillary or incidental to the provision of a passenger service or other transport service including, but not limited to, the provision of financial accommodation in connection with the acquisition of rolling stock;

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rail corporation means Rail Track or V/Line Corporation;

rail infrastructure means a facility that is used to operate a railway and includes—

(a)railway track, railway track sidings, associated track structures and works (such as cuttings, tunnels, bridges, stations, platforms, excavations, land fill, track support earthworks and drainage works), over-track structures, under-track structures, service roads, signalling systems, rolling stock control systems, communications systems, notices and signs, overhead electrical power supply systems and associated buildings, depots, yards, plant, machinery and equipment; and

(b)a facility or infrastructure not referred to in paragraph (a) that is used to operate a railway that is prescribed to be rail infrastructure—

but does not include associated rail infrastructure;

Rail Track means Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010;

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railway track includes heavy railway track and light railway track;

related body corporate has the same meaning as in section 9 of the Corporations Act;

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 relation to an allocation statement under section 71 or relevant assets allocated under such a statement, means the date, or the date and time, fixed by the Minister under section 71(5) for the purposes of that statement;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

road includes street, lane, bridge, thoroughfare and any other place open to or used by the public for passage with vehicles and includes every carriageway, footpath, traffic island, nature strip and any area provided to separate vehicular traffic on any such street, lane, bridge, thoroughfare or other place;

rolling stock means a vehicle that operates on or uses a railway track or tramway track, and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, road/rail vehicle, trolley, wagon or monorail vehicle;

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Secretary has the same meaning as it has in section 3 of the Transport Integration Act 2010;

terminal means a facility at which freight is loaded or unloaded from rolling stock, or stored, and includes hard stands, equipment and other infrastructure used for the loading or unloading of freight from rolling stock at the facility;

train operator, in relation to a provision of this Act, means a body corporate specified in an Order under subsection (2) to be a train operator for the purposes of that provision;

tram infrastructure means the facilities that are used to operate a tramway and includes, but is not limited to, tramway track, associated track structures and works (such as cuttings, tunnels, bridges, stopping places, excavations, land fill, track support earthworks and drainage works), over-track structures, under-track structures, service roads, signalling systems, rolling stock control systems, communications systems, notices and signs, overhead electrical power supply systems and associated buildings, workshops, depots, yards, plant, machinery and equipment, but does not include rolling stock;

tram operator, in relation to a provision of this Act, means a body corporate specified in an Order under subsection (3) to be a tram operator for the purposes of 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;

V/Line Corporation has the same meaning as it has in section 3 of the Transport Integration Act 2010.

(2)The Governor in Council, by Order published in the Government Gazette, may declare that a specified body corporate, being a body corporate that—

(a)is a party to a lease of rail infrastructure by the Head, Transport for Victoria or Rail Track; or

(b)is a party to a contract with the Secretary or the Head, Transport for Victoria for the provision by that body corporate of a passenger service—

is, on and from a specified date, a train operator for the purposes of a specified provision of this Act.

(3)The Governor in Council, by Order published in the Government Gazette, may declare that a specified body corporate, being a body corporate that—

(a)is a party to a lease of tram infrastructure by the Head, Transport for Victoria or Rail Track; or

(b)is a party to a contract with the Secretary or the Head, Transport for Victoria for the provision by that body corporate of a passenger service—

is, on and from a specified date, a tram operator for the purposes of a specified provision of this Act.

3ATransport Integration Act 2010

This Act is transport legislation within the meaning of the Transport Integration Act 2010.

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PART 2A—RAIL ACCESS

Division 1—Preliminary

38ADefinitions

In this Part—

access provider means any of the following persons if they provide, or are capable of providing, a declared rail transport service—

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(b)an accredited person within the meaning of the Rail Safety National Law (Victoria);

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(d)a rail infrastructure manager within the meaning of the Rail Safety National Law (Victoria) who is registered under Division 5 of Part 3 of that Law;

(e)the Southern Cross Station Authority;

(f)the Crown;

(g)a related body corporate of a person referred to in paragraphs (a) to (e);

(h)any other person declared by Order in Council under section 38D to be an access provider;

access regime dispute has the meaning given by section 38ZA;

access seeker means an accredited person within the meaning of the Rail Safety National Law (Victoria) who wants to be provided a declared rail transport service by an access provider;

capacity, in relation to a declared rail network, means the capability of the declared rail network, when used, to provide declared rail transport services;

declared rail network means the rail infrastructure used to provide declared rail transport services;

declared rail transport service means a rail transport service declared by an Order under section 38E;

independent panel means an independent panel constituted under section 38ZC;

operate has the meaning given by section 38B;

penalty provision means any of the following sections—

(a)section 38ZJ(2);

(b)section 38ZP(1);

(c)section 38ZP(2);

principle of passenger priority means the principle set out in section 38G;

rail access agreement content order means an Order under section 38O;

rail access guidelines means guidelines prepared under section 38H and includes any amendment to guidelines prepared under that section;

rail transport operator has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

rail transport service has the meaning given by section 38C;

specified maximum prices means prices specified under section 38J, 38K or 38M;

Statement of Freight Network Capability means a statement prepared under section 38P and includes any amendment to a statement prepared under that section;

user means an accredited person within the meaning of the Rail Safety National Law (Victoria) who is provided a declared rail transport service by an access provider.

38BMeaning of operate

A person operates rail infrastructure or tram infrastructure, or a rail network, for the purposes of this Part if the person—

(a)owns or leases rail infrastructure or tram infrastructure, or a rail network, or has a right conferred by an Act or a contract to manage rail infrastructure or tram infrastructure, or a rail network; and

(b)either—

(i)operates, or appoints an agent or contractor to operate, the signalling, rolling stock control and communications facilities of the railway or tramway, as the case requires; or

(ii)carries out, or appoints an agent or contractor to carry out, on or around the railway or tramway (as the case requires), the construction, maintenance, repair or alteration of any of the rail infrastructure or tram infrastructure, or rail network.

38CMeaning of rail transport service

(1)A rail transport service is a service provided, or that may be provided, by an access provider to any of the following entities by means of rail infrastructure or tram infrastructure owned or operated by that provider that enables the entity to provide freight services, passenger services or other transport services—

(a)a user;

(b)an access seeker;

(c)a related body corporate of the access provider.

(2)A rail transport service is also a service provided, or that may be provided, by an access provider to itself by means of rail infrastructure or tram infrastructure owned or operated by that provider that enables the provider to provide freight services, passenger services or other transport services.

(3)Without limiting subsection (1) or (2), a rail transport service includes any of the following services—

(a)the service of allowing a user to use rail infrastructure or tram infrastructure (as the case requires);

(b)the service of assessing the capacity of a rail network owned or operated by the access provider;

(c)the service of allocating the capacity of a rail network owned or operated by the access provider;

(d)the service of allocating train paths;

(e)the service of planning train services;

(f)the service of scheduling train services;

(g)the service of managing and controlling train services, including train traffic management;

(h)the service of managing and controlling a rail network owned or operated by the access provider;

(i)the service of maintaining a rail network owned or operated by the access provider;

(j)the service of extending, enhancing or expanding a rail network owned or operated by the access provider;

(k)any service that is ancillary to a service referred to in subsection (1) or (2), or this subsection.

38DDeclaration of persons to be access providers

The Governor in Council on the recommendation of the Minister, by Order published in the Government Gazette, may declare a person who provides, or is capable of providing, a rail transport service (other than a person referred to in paragraphs (b) to (f) of the definition of access provider) to be an access provider.

38EDeclaration of rail transport services

(1)The Governor in Council on the recommendation of the Minister, by Order published in the Government Gazette, may declare a rail transport service to be a declared rail transport service for the purposes of this Part until the date (if any) for the expiry of the declaration specified in the Order.

(2)An Order under subsection (1) must specify whether a rail transport service is a declared rail transport service in respect of passenger services, freight services or other transport services.

(3)An Order under subsection (1) may—

(a)specify that a rail transport service is a declared rail transport service in respect of a person named in the Order;

(b)declare a rail transport service as a declared rail transport service by reference to—

(i)the person who owns or operates the rail infrastructure used to provide the rail transport service; or

(ii)the location of the rail infrastructure used to provide the rail transport service; or

(iii)the type of rail infrastructure used to provide the rail transport service.

(4)The Minister may only make a recommendation under subsection (1) if the Minister is satisfied that it is necessary to do so in the interests of competition or economic efficiency.

38FObject of Part

The object of this Part is to regulate rail access in Victoria in the interests of competition and economic efficiency.

38GPrinciple of passenger priority

(1)The principle of passenger priority is the giving of priority to the provision of rail transport services to passenger service users over the provision of rail transport services to other users.

Note

Rail access guidelines may include guidelines about how the principle of passenger priority may be implemented.

(2)In this section—

other users means users of rail transport services who use those services to provide freight services and other transport services (other than passenger services);

passenger service users means users of rail transport services who use those services to provide passenger services.

Division 2—Ministerial instruments for the purposes of this Part

Subdivision 1—Rail access guidelines

38HPreparation of rail access guidelines

(1)The Minister may prepare guidelines about the terms and conditions of rail access arrangements.

(2)Without limiting subsection (1), rail access guidelines may contain guidance material on any one or more of the following—

(a)the implementation by an access provider of the principle of passenger priority;

(b)the management and notification arrangements for temporary railway track or tramway track closures;

(c)the management and communication of freight train path availability;

(d)arrangements governing—

(i)how long rail access arrangements must be in effect; and

(ii)extensions to the time rail access arrangements are in effect;

(e)processes for amending rail access arrangements;

(f)arrangements and processes for resolving disputes between access providers and access seekers about access to the provision of declared rail transport services.

(3)The Minister may amend rail access guidelines.

38IPublic availability of rail access guidelines

(1)The Minister must—

(a)publish rail access guidelines in the Government Gazette within 30 days after the end of the period of time specified in a notice under section 38N(3)(a) for the draft of the guidelines; and

(b)make rail access guidelines available for inspection free of charge at the Department's offices.

(2)In addition, the Minister must cause rail access guidelines to be published on the Department's Internet site.

Subdivision 2—Rail access maximum pricing

38JInitial specification of rail access maximum prices

(1)The Minister, by notice published in the Government Gazette, may specify maximum prices for declared rail transport services provided by an access provider by means of a declared rail network for a financial year.

(2)For the purpose of specifying maximum prices under subsection (1), the Minister must have regard to—

(a)the costs of maintaining the declared rail network; and

(b)the opportunity for an access provider to recover any capital investment in the declared rail network; and

(c)the costs incurred by an access provider in providing the declared rail transport services; and

(d)the railway track standards specified in the applicable Statement of Freight Network Capability; and

(e)the Government's rail freight policies and programs.

(3)A notice under subsection (1) must—

(a)specify—

(i)the declared rail transport services to which the specified maximum prices will apply; and

(ii)the financial year during which the specified maximum prices will apply to the provision of declared rail transport services; and

(b)be published in accordance with that subsection before 1 June preceding the financial year.

38KAnnual changes in rail access maximum prices

(1)The Minister, by notice published in the Government Gazette, may specify new maximum prices that will apply to the provision of declared rail transport services provided by an access provider by means of a declared rail network for a financial year after the financial year in respect of which the Minister specified maximum prices under section 38J.

(2)In specifying new maximum prices under subsection (1), the Minister must have regard to published industry price indices that the Minister considers suitable.

(3)A notice under subsection (1) must—

(a)specify—

(i)the declared rail transport services to which the new specified maximum prices will apply; and

(ii)the financial year during which the new specified maximum prices will apply to the provision of declared rail transport services; and

(b)specify the industry price indices that the Minister had regard to for the purpose of specifying the new maximum prices; and

(c)be published in accordance with that subsection before 1 June in the year preceding the financial year in which the declared rail transport services will be provided by the access provider (and in respect of which the new maximum prices have been specified).

38LReview of specified maximum prices following change in railway track standards

(1)This section applies if the Head, Transport for Victoria notifies the Minister under section 38R of an amendment to a Statement of Freight Network Capability that includes an amendment to railway track standards specified in the Statement.

(2)The Minister must review any specified maximum prices for the provision of declared services that will be affected by the amendment of railway track standards. The review must be completed within 30 days after that amendment takes effect.

(3)The Minister must act under section 38K if following the review the Minister is of the opinion that new maximum prices should be specified for the provision of declared rail transport services affected by the amendment of railway track standards.

38MIncrease in maximum prices at request of access provider

(1)This section applies if an access provider—

(a)reopens or proposes to reopen a part of rail infrastructure owned or operated by the provider in order to provide declared rail transport services by means of that infrastructure; or

(b)makes or proposes to make improvements to rail infrastructure by means of which the provider provides declared rail transport services.

(2)The access provider may apply to the Minister for the specification of new maximum prices to apply to the provision of those declared rail transport services.

(3)An application must—

(a)describe the rail infrastructure by means of which the access provider will provide the declared rail transport services, and the declared rail transport services; and

(b)include the access provider's reasons for the specification of new maximum prices for the provision of the declared rail transport services.

(4)On receiving an application, the Minister, by notice published in the Government Gazette, may specify new maximum prices that will apply to the provision of the declared rail transport services set out in the application.

(5)For the purpose of specifying new maximum prices under subsection (4), the Minister must have regard to—

(a)the costs of maintaining the relevant rail infrastructure; and

(b)the opportunity for an access provider to recover any capital investment in the relevant rail infrastructure; and

(c)the costs incurred by an access provider in providing the declared rail transport services; and

(d)the railway track standards specified in the applicable Statement of Freight Network Capability; and

(e)the Government's rail freight policies and programs.

(6)Maximum prices specified under subsection (4)—

(a)supersede any maximum prices specified under section 38J or 38K; and

(b)may be superseded by maximum prices specified under section 38K or under subsection (4).

Subdivision 3—Public consultation requirements

38NPublic consultation for draft rail access guidelines and proposed rail access maximum prices

(1)This section applies if the Minister proposes to—

(a)prepare rail access guidelines; or

(b)specify maximum prices under section 38J or new maximum prices under section 38K.

(2)Before preparing rail access guidelines, specifying maximum prices under section 38J or new maximum prices under section 38K, the Minister must—

(a)prepare a draft of the guidelines or a draft of a notice under section 38J or 38K (a consultation draft); and

(b)invite submissions and comments from the public in accordance with this section on the consultation draft.

(3)The Minister must—

(a)cause notice of a consultation draft to be published—

(i)in a newspaper circulating generally throughout the State; and

(ii)on the Department's Internet site; and

(b)cause copies of a consultation draft to be made available to the public on the Department's Internet site; and

(c)make copies of a consultation draft available for inspection free of charge at the Department's offices.

(4)A notice under subsection (3)(a) must—

(a)include a summary of the content of the consultation draft; and

(b)specify the date by which a submission or comment must be made to the Minister; and

(c)specify how a submission or comment must be made; and

(d)specify that copies of the consultation draft are available—

(i)on the Department's Internet site; and

(ii)at the Department's offices during business hours free of charge.

(5)The period of time between publication of the notice and the date specified in the notice must not be less than 30 days.

Division 3—Rail access agreement content order

38ORail access agreement content order

(1)The Governor in Council on the recommendation of the Minister, by Order published in the Government Gazette, may specify terms and conditions for the provision of a declared rail transport service that must be included in a rail access agreement.

(2)A rail access agreement content order cannot specify a term or condition that sets the maximum price for the provision of a declared rail transport service.

Note

The Minister specifies maximum prices for the provision of declared rail transport services under a notice under section 38J, 38K or 38M(4).

(3)A rail access agreement content order is a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

Division 4—Statement of Freight Network Capability

38PStatement of Freight Network Capability

(1)The Head, Transport for Victoria must prepare a statement for every declared rail network that—

(a)describes the proposed level of access that may be provided by the access provider to access seekers; and

(b)provides information on the number of train paths for the provision of freight services; and

(c)specifies railway track standards for the network.

(2)In preparing a Statement of Freight Network Capability, the Head, Transport for Victoria must—

(a)have regard to the Government's rail freight policies and programs; and

(b)consult with the Minister.

(3)The Head, Transport for Victoria must give a copy of a Statement of Freight Network Capability to—

(a)the Minister; and

(b)the Secretary.

(4)After the Secretary receives a copy of a Statement of Freight Network Capability under subsection (3)(b), the Secretary must—

(a)make a copy of the Statement of Freight Network Capability available for inspection free of charge at the principal office of the Department; and

(b)publish the Statement of Freight Network Capability on the Department's Internet site.

38QPreparation of new Statement of Freight Network Capability if there is a material change

The Head, Transport for Victoria must prepare a new Statement of Freight Network Capability that supersedes the previous Statement of Freight Network Capability if there is a material change to—

(a)the declared rail network to which it relates; or

(b)the use of that network.

38RMinister to be notified of amendment to railway track standards

The Head, Transport for Victoria must notify, in writing, the Minister and the Secretary of any proposed amendment to a Statement of Freight Network Capability that will include an amendment to railway track standards specified in the Statement.

Division 5—Rail access arrangements

38SPreparation and publication of rail access arrangement that accords with this Division

An access provider must prepare and publish in accordance with this Division a rail access arrangement that meets the requirements of this Division.

38TScope of rail access arrangement

A rail access arrangement meets the requirements of this Division if it covers every declared rail transport service that the access provider provides by means of a declared rail network.

38UContent of rail access arrangements

A rail access arrangement meets the requirements of this Division if it—

(a)includes the following in relation to every declared rail transport service to which the arrangement relates—

(i)a description of the service;

(ii)the terms and conditions for the provision of the service in compliance with an applicable rail access agreement content order;

(iii)the price for the service (which must not exceed the maximum price specified for the service by the Minister under Subdivision 2 of Division 2); and

(b)describes available capacity on the declared rail network; and

(c)describes how the arrangement has regard to the rail access guidelines and, if relevant, the Statement of Freight Network Capability; and

(d)includes a description of the information that the access provider will make available to an access seeker; and

(e)sets out the procedure for the making of an application by an access seeker for the provision to them of a declared rail transport service; and

(f)describes the procedure and method as to how the access provider will assess and determine an application for the provision by them of a declared rail transport service to an access seeker.

38VAmendment of rail access arrangements

(1)An access provider must amend a rail access arrangement as soon as practicable after there is—

(a)a change in any regulatory requirements that necessitates an amendment to the arrangement in order for the arrangement to comply with the requirements of this Division; or

(b)a significant change in a matter referred to in the arrangement in order for the arrangement to reflect that change.

(2)For the purposes of subsection (1)(b), a matter includes the declared rail network or the declared transport services the provider provides. 

(3)In this section—

regulatory requirements means—

(a)section 38U; or

(b)rail access guidelines; or

(c)a rail access agreement content order.

38WPublication of rail access arrangements

An access provider must publish the first rail access arrangement it is required to prepare under this Division and every amended rail access arrangement that meets the requirements of this Division on the provider's Internet site.

38XWhen rail access arrangements take effect

(1)The first rail access arrangement that meets the requirements of this Division takes effect 60 days after the day on which the maximum prices specified by the Minister under section 38J that apply to the declared rail transport services to which the arrangement relates take effect.

(2)An amended rail access arrangement takes effect on the day on which it is published on the provider's Internet site.

Division 6—Requests for access

38YRequests for access

(1)An access seeker who wants to be provided with declared rail transport services must request access to those services in accordance with this section.

(2)The access seeker must submit a request for access to the access provider who provides the declared rail transport services.

(3)A request must be in writing and contain the following—

(a)a description of the declared rail transport services that the access seeker wants to be provided with;

(b)a description of the services that the access seeker will provide through the use of the declared rail transport services;

(c)details of the access seeker's—

(i)management competency; and

(ii)financial viability; and

(iii)relevant policies of insurance.

38ZAssessment of requests for access

(1)An access provider who receives a request for access under section 38Y must assess the request within 30 days after receiving it and inform the access seeker of whether the provider accepts or rejects the request.

(2)In assessing a request for access, an access provider must have regard to the rail access guidelines.

(3)An access provider may reject a request for access if the provider is of the opinion that the request does not meet the requirements set out in section 38Y(3).

(4)An access provider who rejects a request for access must give the access seeker written reasons for that rejection at the same time the provider informs the access seeker of the provider's decision.

Division 7—Disputes about rail access

Subdivision 1—Preliminary

38ZAMeaning of access regime dispute

(1)An access regime dispute is a dispute between an access provider and an access seeker where the access provider and access seeker are unable to agree as to the terms and conditions for the provision of a declared rail transport service to the access seeker.

(2)In addition, an access regime dispute is taken to arise between an access provider and an access seeker if—

(a)an access seeker is of the opinion that—

(i)an access provider has not complied with section 38W; or

(ii)an access provider's rail access arrangement does not meet the requirements of Division 5; or

(b)an access provider rejects a request for access under section 38Z; or

(c)the access provider's rail access arrangement does not comply with an applicable rail access agreement content order.

Subdivision 2—Notification

38ZBNotification of access regime dispute

(1)An access seeker or an access provider may notify the Head, Transport for Victoria of an access regime dispute. A notification must be in writing.

(2)On receiving a notification under subsection (1), the Head, Transport for Victoria must notify, in writing, of the access regime dispute—

(a)the access provider, if an access seeker notified the Head, Transport for Victoria of the access regime dispute under subsection (1); and

(b)the access seeker if the access provider notified the Head, Transport for Victoria of the access regime dispute under subsection (1).

(3)The person notifying the Head, Transport for Victoria of an access regime dispute under subsection (1) and any persons notified by the Head, Transport for Victoria under subsection (2) are the parties to the access regime dispute.

Subdivision 3—Independent panel

38ZCHead, Transport for Victoria must constitute independent panel to hear and determine access regime dispute

(1)Within 30 days after receiving a notification under section 38ZB of an access regime dispute, the Head, Transport for Victoria must constitute an independent panel to hear and determine the dispute.

(2)An independent panel must consist of 3 members—

(a)being a chairperson and 2 other persons appointed by the Head, Transport for Victoria; and

(b)each of whom must have knowledge of, or experience in, one of the following fields—

(i)engineering;

(ii)economics;

(iii)law.

(3)In addition, at least one member must have knowledge of, or experience in, reviewing rail access arrangements.

38ZDDisclosure of interests of independent panel members

(1)If a person is, or is to be, a member of an independent panel and the person has or acquires any interests, pecuniary or otherwise, that could conflict with the proper performance of the functions of that person in relation to the hearing and determination of an access regime dispute—

(a)the person must disclose the interest to the Head, Transport for Victoria; and

(b)the person must not take part, or continue to take part, in the hearing and determination of the access regime dispute if—

(i)the Head, Transport for Victoria gives a direction under subsection (2)(a); or

(ii)if the Head, Transport for Victoria has caused the interest of the person to be disclosed to the parties to the dispute, all the parties do not consent to the person being a member of the independent panel.

(2)If the Head, Transport for Victoria receives a disclosure of an interest under subsection (1) or becomes aware that a person is, or is to be, a member of an independent panel in relation to a hearing and that the person has in relation to the hearing such an interest—

(a)if the Head, Transport for Victoria considers that the person should not take part, or should not continue to take part, in the hearing—the Head, Transport for Victoria must give a direction to the person accordingly; or

(b)in any other case—the Head, Transport for Victoria must cause the interest of the person to be disclosed to the parties to the dispute.

38ZEMember of independent panel ceases to be or becomes incapable of being a member

(1)This section applies if a member of an independent panel—

(a)ceases to be a member of the panel before the determination of an access regime dispute; or

Example

A person may cease to be a member if the person dies or is directed not to take part in the hearing of an access regime dispute under section 38ZD.

(b)becomes incapable of participating in the hearing and determination of the access regime dispute.

Example

A person may become too ill to continue to be a member.

(2)The Head, Transport for Victoria must—

(a)in the case where the member ceases to

be a member of the panel before the determination of the access regime dispute, appoint another person as a member of the panel; and

(b)in the case where the member becomes incapable of participating in the hearing and determination of the access regime dispute, remove the member and appoint another person as a member of the panel.

(3)An independent panel constituted in accordance with this section may have regard to any record of proceedings for the hearing and determination of the access regime dispute of the independent panel as previously constituted.

38ZFFunction of independent panel

(1)The function of an independent panel is to hear and determine an access regime dispute.

(2)In hearing and determining an access regime dispute, an independent panel must have regard to the object of this Part and, as the case requires, any one or more of the following—

(a)the rail access guidelines;

(b)the Statement of Freight Network Capability;

(c)a rail access agreement content order.

Subdivision 4—Hearing of access regime disputes

38ZGHearings for the purposes of access regime disputes

(1)An independent panel must conduct a hearing for the purposes of determining an access regime dispute.

(2)In any hearing for the purposes of determining an access regime dispute, an independent panel—

(a)is not bound by technicalities, legal forms or rules of evidence but must accord procedural fairness; and

(b)must act as speedily as a proper consideration of the access regime dispute allows, having regard to the need to carefully and quickly inquire into and investigate the access regime dispute and all matters affecting the merits, and fair settlement, of the access regime dispute; and

(c)may inform itself of any matter relevant to the access regime dispute in any way it thinks appropriate.

(3)An independent panel may decide the periods that are reasonably necessary for the fair and adequate presentation of the respective cases of the parties to an access regime dispute, and may require that the cases be presented within those periods.

(4)An independent panel may require evidence or argument to be presented in writing, and may decide the matters on which it will hear oral evidence or argument.

(5)An independent panel may decide that a hearing is to be conducted by—

(a)telephone; or

(b)closed circuit television; or

(c)any other means of communication.

38ZHHearings to be in private

(1)A hearing of an access regime dispute is to be conducted in private.

(2)However, a hearing or part of a hearing may be conducted in public if the parties to the dispute agree.

(3)The chairperson of an independent panel that is conducting a hearing in private may give written directions as to the persons who may be present.

(4)In giving a direction under subsection (3), the chairperson of an independent panel must have regard to the wishes of the parties to the dispute and the need for commercial confidentiality.

38ZIRight to representation

In a hearing before an independent panel under this Division, a party to an access regime dispute may—

(a)appear in person; or

(b)be represented by someone else if the panel agrees.

38ZJParticular powers for the purposes of hearing and determining access regime disputes

(1)An independent panel may do any of the following things for the purpose of determining an access regime dispute—

(a)give a direction in the course of, or for the purposes of, a hearing;

(b)sit at any place;

(c)adjourn to any time and place;

(d)refer any matter to an expert and accept the expert's report as evidence;

(e)generally give all such directions, and do all such things, as are necessary or expedient for the speedy hearing and making of a determination.

(2)A party to an access regime dispute must not do any act or thing in relation to the hearing of an access regime dispute that would be a contempt of court if the independent panel were a court of record.

(3)The chairperson of an independent panel may give an oral or written direction to any party to an access regime dispute not to divulge or communicate to anyone else specified information that was given to the party in the course of an access regime dispute unless the party has the chairperson's permission.

38ZKPower to take evidence on oath or affirmation

(1)An independent panel may take evidence on oath or affirmation and for that purpose the chairperson of the independent panel may administer an oath or affirmation.

(2)The power conferred under this section may be exercised only for the purpose of determining an access regime dispute.

38ZLDecisions of independent panel

Any question before an independent panel (including the determination of an access regime dispute) is to be decided by a majority of the members of the panel.

38ZM   Costs to be paid by parties to access regime dispute

(1)Subject to section 38ZN, each party to an access regime dispute is to bear their own costs in a hearing.

(2)In addition, the parties to an access regime dispute must pay to the Head, Transport for Victoria the costs incurred by the State for the constitution of the independent panel to hear and determine the access regime dispute. Those costs may include—

(a)the fees, allowances and expenses paid to each member of the independent panel; and

(b)the costs incurred by the State to provide appropriate indemnities for each member of the independent panel in relation to the performance of their functions and exercise of their powers under this Division.

(3)Subject to subsection (4), the Head, Transport for Victoria must—

(a)determine the proportion of costs referred to in subsection (2) that a party to an access regime dispute is to pay to the Head, Transport for Victoria; and

(b)notify, in writing, the party of the amount of costs represented by that proportion.

(4)If an independent panel determines that a party to an access regime dispute pay a proportion of the costs referred to in subsection (2), the Head, Transport for Victoria must apportion the costs under subsection (3) in accordance with that determination.

(5)The Head, Transport for Victoria may recover from a party to an access regime dispute, as

a debt due to the State, in a court of competent jurisdiction any costs of which the Head, Transport for Victoria has given notice to the party under subsection (3).

38ZNIndependent panel may award costs in certain cases

(1)At any time, an independent panel may direct that a party to an access regime dispute pay all or a specified part of the costs of the other party to the dispute.

(2)An independent panel may make a direction under subsection (1) only if satisfied that it is fair to do so, having regard to the following—

(a)whether the party has conducted themselves in the hearing in a way that unnecessarily disadvantaged the other party by conduct such as—

(i)failing to comply with a direction of the panel without reasonable excuse; or

(ii)failing to comply with this Part; or

(iii)asking for an adjournment as a result of subparagraph (i) or (ii); or

(iv)causing an adjournment; or

(v)attempting to deceive another party or the independent panel; or

(vi)vexatiously conducting the hearing;

(b)whether a party has been responsible for prolonging unreasonably the time taken to complete the hearing;

(c)the relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law;

(d)the nature and complexity of the matters before the panel;

(e)any other matter the panel considers relevant.

(3)If an independent panel considers that the representative of a party to an access regime dispute, rather than the party, is responsible for conduct described in subsection (2)(a) or (b), the panel may order that the representative in their own capacity compensate another party for any costs incurred unnecessarily.

(4)Before making an order under subsection (3), an independent panel must give the representative a reasonable opportunity to be heard.

(5)If an independent panel makes a direction as to costs before the completion of the hearing, the panel may require that the direction be complied with before it continues with the hearing.

38ZODetermination of access regime dispute

(1)On hearing an access regime dispute, an independent panel must determine the dispute within 60 days after the independent panel was constituted.

(2)A determination under this section may include a requirement that a party to the access regime dispute do any one or more of the following—

(a)take specified action;

(b)cease or refrain from taking specified action;

(c)require a party to pay a specified proportion of the costs incurred by the State for the constitution of the independent panel to hear and determine the dispute. 

(3)A determination under this section takes effect on the day it is made or on any later date specified in the determination.

(4)A copy of a determination under this section, and a statement of reasons for the determination, must be given to the parties to the access regime dispute without delay.

38ZPCompliance with directions and determinations of independent panel

(1)A party to an access regime dispute must comply with a direction under this Division of the independent panel constituted to hear and determine the dispute.

(2)A party to an access regime dispute must comply with the determination under section 38ZO of the independent panel constituted to hear and determine the dispute.

Division 8—Enforcement and other proceedings

38ZQProceedings for contraventions of penalty provisions

(1)The Secretary or the Head, Transport for Victoria may apply to the Supreme Court for an order under this Part in respect of a contravention by a person of a penalty provision or the doing by a person of any other thing mentioned in subsection (2).

(2)If the Court is satisfied that a person—

(a)has contravened a penalty provision; or

(b)has attempted to contravene such a provision; or

(c)has aided, abetted, counselled or procured another person to contravene such a provision; or

(d)has induced, or attempted to induce, another person whether by threats or promises or otherwise, to contravene such a provision; or

(e)has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by another person of such a provision; or

(f)has conspired with others to contravene such a provision—

the Court may order the person to pay a pecuniary penalty to the Minister in respect of each act or omission by the person to which this section applies as the Court determines to be appropriate, being an amount not exceeding $1 000 000.

(3)In determining the amount of the pecuniary penalty to be paid by the person, the Court may have regard to all relevant matters including—

(a)the nature and extent of the act or omission and of any loss or damage suffered as a result of the act or omission; and

(b)the circumstances in which the act or omission took place; and

(c)whether the person has previously been found by the Court in proceedings under this Division to have contravened a penalty provision.

38ZRPecuniary penalties to be paid into Consolidated Fund

Every pecuniary penalty received by the Minister must be paid into the Consolidated Fund.

38ZSInjunctions

(1)If, on an application by the Secretary or the Head, Transport for Victoria, the Supreme Court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—

(a)a contravention of a penalty provision; or

(b)attempting to contravene a penalty provision—

the Court may grant an injunction in such terms as the Court determines to be appropriate.

(2)If an application for an injunction under subsection (1) has been made the Court may, if the Court determines it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that a person has engaged, or is proposing to engage, in conduct of a kind mentioned in subsection (1).

(3)If in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1).

(4)The Court may rescind or vary an injunction granted under subsection (1) or (2).

(5)The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised—

(a)whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

(b)whether or not the person has previously engaged in conduct of that kind.

(6)The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised—

(a)whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and

(b)whether or not the person has previously refused or failed to do that act or thing.

(7)The Court must not, in any application to the Court for the grant of an injunction under this section, require the Secretary, the Head, Transport for Victoria or any other person to give any undertaking as to damages as a condition of granting an interim injunction.

38ZTDeclaratory relief

(1)The Supreme Court, on an application

by the Secretary or the Head, Transport for Victoria may, by order, declare whether or not the person to which the application relates has contravened a penalty provision.

(2)If the order declares the person to have contravened a penalty provision, the order may include one or more of the following—

(a)a requirement that the person cease, within a specified period, the act, activity or practice constituting the contravention;

(b)a requirement that the person take such action, or adopt such practice, as the Court requires for remedying the contravention or preventing a recurrence of the contravention.

38ZUEnforcement of determinations of access regime disputes

(1)If the Supreme Court is satisfied, on the application of a party to an access regime dispute in respect of which an independent panel has made a determination, that another party to that access regime dispute engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of the determination, the Court may make all or any of the following orders—

(a)an order granting an injunction on such terms as the Court thinks appropriate—

(i)restraining the other party from engaging in the conduct; or

(ii)if the conduct involves refusing or failing to do something—requiring the other party to do that thing;

(b)an order directing the other party to compensate the applicant for loss or damage suffered as a result of the contravention;

(c)any other order that the Court thinks appropriate.

(2)If the Supreme Court has power under subsection (1) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the Court may make any other orders (including granting an injunction) that it thinks appropriate against any other person who was involved in the contravention concerned.

(3)A reference in this section to a person involved in the contravention is a reference to a person who has—

(a)aided, abetted, counselled or procured the contravention; or

(b)induced the contravention, whether through threats or promises or otherwise; or

(c)been in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or

(d)conspired with others to effect the contravention.

38ZVAppeal to Supreme Court on a question of law from a decision of an independent panel

A party to an access regime dispute may appeal to the Supreme Court on a question of law from a decision of an independent panel.

Division 9—Reporting

38ZW   Access providers to report on freight network activity and performance

(1)An access provider must give to the Head, Transport for Victoria, one month after each quarter of a financial year, a report (a network activity and performance report) that reports on the performance indicators in respect of the previous quarter.

(2)An access provider who does not comply with subsection (1) must provide written reasons to the Minister and the Head, Transport for Victoria for not complying with that subsection.

(3)The Head, Transport for Victoria must determine performance indicators which must be reported on in a network activity and performance report.

(4)The performance indicators that are determined under subsection (3) may include—

(a)the number of freight services provided using a specified railway track or specified part of a railway track that is part of a declared rail network; and

(b)the volume and type of freight carried by rolling stock on a specified railway track or specified part of a railway track that is part of a declared rail network; and

(c)the average speed limit for rolling stock carrying freight travelling on a specified railway track or specified part of a railway track that is part of a declared rail network; and

(d)any other matter agreed to between the Head, Transport for Victoria and the access provider.

(5)The Head, Transport for Victoria must—

(a)publish the performance indicators it determines under subsection (3) on its Internet site; and

(b)give those indicators, in writing, to the access provider to whom they will apply.

Division 10—Collection and use of information

38ZXDefinitions

In this Division—

information requirement means any requirement under section 38ZZ or 38ZZA;

regulatory entity means—

(a)the Minister; or

(b)the Head, Transport for Victoria.

38ZYRegulatory entity must have regard to certain matters

A regulatory entity must have regard to the following matters when exercising the powers conferred on the entity under this Division—

(a)the relevance of the information or document to the function being performed by the regulatory entity under this Part;

(b)the estimated compliance costs for a person to comply with an information requirement.

38ZZGeneral power to obtain information and documents

(1)If a regulatory entity considers that it is necessary to do so for the purposes of performing its functions or exercising its powers under this Part, the entity may require a person that the entity has reason to believe has any relevant information or document to provide that information or document to the entity.

(2)For the purposes of subsection (1), a regulatory entity may require the person to appear before the entity to provide the information or document.

(3)A requirement must be made in a written notice specifying—

(a)the information or document required; and

(b)the period of time within which the requirement must be complied with; and

(c)the form in which the information or a copy of the document is to be given to the regulatory entity; and

(d)whether or not the person is required to appear before the regulatory entity; and

(e)that the requirement is made under this section.

(4)The notice must include a copy of this Division.

38ZZA  Provision of information relating to declared rail transport services provided by access provider

(1)A regulatory entity, by written notice given to an access provider, may require the access provider to give to the entity information relating to the provision of declared rail transport services by the access provider.

(2)A notice under subsection (1) may specify the manner and form in which the information must be given.

(3)If information the subject of a notice under subsection (1) is held by a third party, a regulatory entity may require the access provider to enter into an arrangement with the third party under which the third party is to give the information to the regulatory entity.

38ZZB   Compliance with requirement to provide information or document

(1)A person who without lawful excuse fails to comply with any information requirement given to the person is guilty of an offence.

Penalty:120 penalty units.

(2)It is a lawful excuse for the purposes of subsection (1) that compliance may tend to incriminate the person or make the person liable to a penalty for any other offence.

38ZZC  Offence to give false or misleading information

A person must not, in purported compliance with any information requirement given to the person, knowingly give a regulatory entity information that is false or misleading.

Penalty:120 penalty units or imprisonment for 6 months.

38ZZD  Offence to threaten, intimidate or coerce person or take, threaten to take or incite

A person must not—

(a)threaten, intimidate or coerce another person; or

(b)take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, injury or disadvantage—

because that other person complied, or intends to comply, with an information requirement.

Penalty:120 penalty units.

38ZZE   No liability for giving information or document in compliance with requirement

A person is not liable in any way for any loss, damage or injury suffered by another person because of the giving in good faith of any information or a document to a regulatory entity under this Division.

38ZZF   Restriction on disclosure of confidential information

(1)This section applies if—

(a)information or a document is given to a regulatory entity under an information requirement; and

(b)at the time the information or document is given, the person giving it states that it is of a confidential or commercially sensitive nature.

(2)Before a regulatory entity makes a decision under subsection (3), the entity must—

(a)give the person giving the information or document an opportunity to make a submission to the entity specifying—

(i)why the information or document is of a confidential or commercially sensitive nature; and

(ii)the detriment that would be caused by the disclosure of the information or document; and

(b)consider any submission made by that person.

(3)A regulatory entity must not disclose the information or the contents of the document to any person unless—

(a)the regulatory entity is of the opinion—

(i)that the disclosure of the information or document would not cause detriment to the person giving it; or

(ii)that although the disclosure of the information or document would cause detriment to the person giving it, the public benefit in disclosing it outweighs that detriment; and

(b)the regulatory entity is of the opinion, in relation to any other person who is aware of the information or the contents of the document and who might be detrimentally affected by the disclosure—

(i)that the disclosure of the information or document would not cause detriment to that person; or

(ii)that although the disclosure of the information or document would cause detriment to that person, the public benefit in disclosing it outweighs that detriment; and

(c)the regulatory entity gives the person who gave the information or document a written notice—

(i)stating that the entity wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure and setting out detailed reasons why the entity wishes to make the disclosure; and

(ii)stating that the entity is of the opinion required by paragraph (a) and setting out detailed reasons why it is of that opinion; and

(iii)setting out a copy of this section; and

(d)if the regulatory entity is aware that the person who gave the information or document in turn received the information or document from another person and is aware of that other person's identity and address, the entity gives that other person a written notice—

(i)containing the details required by paragraph (c); and

(ii)stating that the entity is of the opinion required by paragraph (b) in relation to the other person and setting out detailed reasons why it is of that opinion.

Penalty:120 penalty units.

(4)Subsection (3) does not prevent—

(a)the Minister from disclosing information or the contents of a document to—

(i)a person employed in the Department under Part 3 of the Public Administration Act 2004; or

(ii)a person engaged by the Minister or the Secretary to assist the Minister to perform the Minister's functions or exercise the Minister's powers under this Part; or

(b)the Head, Transport for Victoria from disclosing information or the contents of a document to—

(i)a person employed in the Department under Part 3 of the Public Administration Act 2004; or

(ii)a consultant, contractor or agent engaged by the Head, Transport for Victoria for the purpose of assisting the Head, Transport for Victoria to perform its functions or exercise its powers under this Part.

(5)For the purposes of this section, the disclosure of anything that is already in the public domain at the time a regulatory entity wishes to disclose it can not cause detriment to any person referred to in subsection (3)(a) or (b).

38ZZG  Regulatory entity must not disclose exempt freedom of information documents

(1)A regulatory entity must not disclose to any person any document that it has obtained from any agency (as defined in the Freedom of Information Act 1982) or a Minister that is an exempt document under the Freedom of Information Act 1982 in the hands of the agency or Minister.

(2)Subsection (1) does not prevent a regulatory entity from doing anything specified in section 38ZZF(4).

PART 3—TRANSFER OF PROPERTY AND STAFF

Division 1—Definitions

39Definitions

(1)In this Part—

former PTC instrument means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the relevant date—

(a)to which the PTC was a party; or

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

(c)that refers to the PTC; or

(d)under which—

(i)money is, or may become, payable to the PTC; or

(ii)other property is to be, or may become liable to be, transferred to or by the PTC;

former PTC property means property, rights or liabilities of the PTC that, under Division 2, have vested in, or become liabilities of, a rail corporation or another person;

former rail corporation instrument means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the relevant date—

(a)to which a rail corporation was a party; or

(b)that was given to, or in favour of, a rail corporation; or

(c)that refers to a rail corporation; or

(d)under which—

(i)money is, or may become, payable to a rail corporation; or

(ii)other property is to be, or may become liable to be, transferred to or by a rail corporation;

former rail corporation property means property, rights or liabilities of a rail corporation that, under Division 2, have vested in, or become liabilities of, another person;

new employer—

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

(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;

PTC means Public Transport Corporation established under Part II of the Transport Act 1983;

RC means a rail corporation which is nominated by the Minister under section 59A(1);

relevant date—

(a)in relation to an allocation statement under section 40 or 41 or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;

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

(c)in relation to a document referred to in section 59A(1), means the date fixed by the Minister under subsection (2A) for the purposes of that document;

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;

transferee means a person to whom property is allocated under an allocation statement under section 40 or 41;

transferor means the PTC or rail corporation from which property is transferred under an allocation statement under section 40 or 41;

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

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)The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under section 40 or 41.

(2A)The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of a document referred to in section 57(1) or 59A(1).

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

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

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

77Proceedings

Unless an allocation statement otherwise 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.

78Taxes

Stamp duty and any other tax chargeable under an Act is payable in respect of the vesting of relevant assets under this Division as if the vesting were effected by an instrument.

79Evidence

Documentary or other evidence that would 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.

80Validity 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 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 6—GENERAL

103Delegation

The Minister may, by instrument, delegate to—

(a)the Secretary; or

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

(ba)the Head, Transport for Victoria; or

*                *                *                *                *

(d)an executive within the meaning of the Public Administration Act 2004 employed in the Department—

any of the Minister's powers under this Act other than this power of delegation.

104Freedom 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 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.

V/Line Corporation means, as the case requires—

(a)V/Line Passenger Corporation as established under Division 2E of Part 2 before that Division was repealed; or

(b)V/Line Passenger Corporation as established under Division 2A of Part 2 before that Part was repealed; or

(c)V/Line Corporation as continued by section 128 of the Transport Integration Act 2010.

105Supreme Court—limitation of jurisdiction

(1)It is the intention of section 100(5) to alter or vary section 85 of the Constitution Act 1975.

(2)It is the intention of section 100(5), as that section applies in respect of a determination of ORG under Part 5 as amended by the Corporations (Consequential Amendments) Act 2001, to alter or vary section 85 of the Constitution Act 1975.

(3)It is the intention of section 38ZZZC to alter or vary section 85 of the Constitution Act 1975.

106Regulations

(1)The Governor in Council may make 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.

(2)Regulations made under this Act—

(a)may be of general or limited application;

(b)may differ according to differences in time, place or circumstance.

PART 7—TRANSITIONAL

106APrivatisation of V/Line Freight

On the commencement of section 4 of the Rail Corporations (Amendment) Act 1997—

(a)V/Line Freight is abolished;

(b)all directors of V/Line Freight go out of office;

(c)the chief executive officer of V/Line Freight goes out of office;

(d)the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of V/Line Freight.

107Orders under repealed sections

An Order in force under Part 4 immediately 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.

108Repeals consequential on new Part 4

Sections 7A, 7B, 7C, 12, 13, 13A, 13B, 18E, 18F, 18K, 18L, 18Q, 18R, 18S, 18X, 18Y, 18Z, 18ZE and 18ZF are repealed.

109Abolition of Met Train 1

On the commencement of section 3(1) of the Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999—

(a)Met Train 1 is abolished;

(b)all directors of Met Train 1 go out of office;

(c)the chief executive officer of Met Train 1 goes out of office;

(d)the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of Met Train 1.

110Abolition of Met Train 2

On the commencement of section 4(1) of the Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999—

(a)Met Train 2 is abolished;

(b)all directors of Met Train 2 go out of office;

(c)the chief executive officer of Met Train 2 goes out of office;

(d)the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of Met Train 2.

111Abolition of Met Tram 1

On the commencement of section 5(1) of the Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999—

(a)Met Tram 1 is abolished;

(b)all directors of Met Tram 1 go out of office;

(c)the chief executive officer of Met Tram 1 goes out of office;

(d)the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of Met Tram 1.

112Abolition of Met Tram 2

On the commencement of section 6(1) of the Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999—

(a)Met Tram 2 is abolished;

(b)all directors of Met Tram 2 go out of office;

(c)the chief executive officer of Met Tram 2 goes out of office;

(d)the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of Met Tram 2.

113Abolition of V/Line Passenger Corporation

On the commencement of section 7(1) of the Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999—

(a)V/Line Passenger Corporation is abolished;

(b)all directors of V/Line Passenger Corporation go out of office;

(c)the chief executive officer of V/Line Passenger Corporation 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 Passenger Corporation.

114Order relating to no obligation to fence

Despite the commencement of section 31 of the Transport (Further Amendment) Act 2001, an Order of the Governor in Council in force under section 61(4) immediately before that commencement continues in force subject to any terms and conditions specified in the Order.

115Order relating to power to stop traffic

Despite the commencement of section 33 of the Transport (Further Amendment) Act 2001, an Order of the Governor in Council in force under section 65(3) immediately before that commencement continues in force subject to any terms and conditions specified in the Order.

116Meaning of relevant date in sections 117 and 118

In sections 117 and 118 relevant date means the date of commencement of section 11 of the Transport Legislation (Further Miscellaneous Amendments) Act 2005.

117Transitional provision concerning change of name of Station

Any reference to Spencer Street Station in any Act, subordinate instrument, agreement or other document as far as it relates to any period after the relevant date is to be treated as a reference to Southern Cross Station, unless the contrary intention appears.

118Transitional and savings provisions concerning change of name of Authority

(1)For all relevant legal purposes, the Southern Cross Station Authority is to be taken to be the same body as the Spencer Street Station Authority was before the relevant date, in spite of the change of its name, and no matter or thing is to be affected because of that change.

(2)Any reference to the Spencer Street Station Authority in any Act, subordinate instrument, agreement or other document as far as it relates to any period after the relevant date is to be treated as a reference to the Southern Cross Station Authority, unless the contrary intention appears.

118AAllocation statement relating to PTC

(1)The relevant PTC allocation statement is taken, and is always to have been taken, to have the same force and effect it would have had the Minister fixed the date of 30 June 1998 under section 39(2) as the relevant date for the purposes of the relevant PTC allocation statement.

(2)In this section—

relevant PTC allocation statement means the allocation statement dated 30 June 1998—

(a)allocating certain property, rights and liabilities of the PTC to RailTrack; and

(b)given to the Minister in accordance with section 40;

the PTC means the former Corporation (within the meaning of the Transport Act 1983).

118BBinding access arrangements continue in effect until rail access arrangements take effect

A binding access arrangement that is binding on an access provider and is in effect immediately before the commencement of section 89 of the Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017 continues in effect on and after that commencement until a rail access arrangement published by that access provider in accordance with section 38W takes effect.

PART 8—SOUTHERN CROSS STATION AUTHORITY

119Definitions

In this Division—

appointed day means the day on which section 6 of the Transport Legislation General Amendments Act 2009 comes into operation;

Southern Cross Station Authority means the Authority established under section 18ZG;

transferred employee means an officer or employee listed under section 121.

120Southern Cross Station Authority abolished

(1)On the appointed day—

(a)the Southern Cross Station Authority is abolished and the directors and the chief executive officer cease to hold their offices under this Act;

(b)all rights, property and assets that, immediately before the appointed day were vested in the Southern Cross Station Authority, vest in the Secretary, on behalf of the Crown;

(c)all debts, liabilities and obligations of the Southern Cross Station Authority existing immediately before the appointed day, become debts, liabilities and obligations of the Secretary, on behalf of the Crown;

(d)the Secretary, on behalf of the Crown, is substituted as a party to any proceedings pending in any court or tribunal to which the Southern Cross Station Authority was a party immediately before the appointed day;

(e)the Secretary, on behalf of the Crown, is substituted as a party to any arrangement or contract entered into by or on behalf of the Southern Cross Station Authority and in force immediately before the appointed day;

(f)any reference to the Southern Cross Station Authority in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the appointed day, and if not inconsistent with the context or subject-matter, must be construed as a reference to the Secretary, on behalf of the Crown.

(2)Nothing effected under subsection (1) or done or suffered under subsection (1)—

(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;

(b)is to be regarded as placing any person in breach of, or as constituting a default under any Act (other than the Charter of Human Rights and Responsibilities) or other law or obligation or any provision in any agreement or understanding, including, but not limited to, any provision or obligation prohibiting or restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information;

(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;

(d)is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability;

(e)is to be regarded as causing any contract or instrument to be void or otherwise unenforceable;

(f)is to be regarded as frustrating any contract;

(g)releases any surety or other obligor wholly or in part from any obligation.

121List of staff to be transferred

The Secretary must list in writing the officers and employees of the Southern Cross Station Authority employed by the Southern Cross Station Authority immediately before the appointed day who are to be employed under Part 3 of the Public Administration Act 2004.

122Transferred employees

(1)A transferred employee is to be regarded as—

(a)having been employed under Part 3 of the Public Administration Act 2004, with effect from the appointed day;

(b)having been so employed on the same terms and conditions as those that applied to the person immediately before the appointed day as an officer or employee of the Southern Cross Station Authority;

(c)having accrued an entitlement to benefits in connection with that employment under Part 3 of the Public Administration Act 2004 that is equivalent to the entitlement that the person had accrued, as an officer or employee of the Southern Cross Station Authority, immediately before the appointed day.

(2)The service of a transferred employee as an employee under Part 3 of the Public Administration Act 2004 is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the appointed day, as an officer or employee of the Southern Cross Station Authority.

(3)A transferred 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 Southern Cross Station Authority because of the operation of this Division.

(4)A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the appointed day, employed, by virtue of this section, under Part 3 of the Public Administration Act 2004, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

(5)The superannuation entitlements of any person who is a transferred employee are to be taken not to be affected by that person becoming a transferred employee.

(6)Nothing in this section prevents—

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

(b)a transferred employee from resigning or being dismissed at any time after the appointed day in accordance with the then existing terms and conditions of his or her employment under Part 3 of the Public Administration Act 2004.

123Interests in land

(1)Without prejudice to the generality of this Division and despite anything to the contrary in any other Act or law if, immediately before the appointed day, the Southern Cross Station Authority is, in relation to former Southern Cross Station Authority property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the appointed day—

(a)the Secretary is to be taken to be the registered proprietor of that interest in land; and

(b)the Secretary has the same rights and remedies in respect of that interest as the Southern Cross Station Authority had.

(2)The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Southern Cross Station Authority as the transferor of former Southern Cross Station Authority property, must make any amendments in the Register that are necessary because of the operation of this Division.

124Taxes

No duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Southern Cross Station Authority.

*                *                *                *                *

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 31 October 1996

Legislative Council: 3 December 1996

The long title for the Bill for this Act was "to establish V/Line Freight and Victorian Rail Track, to amend the Borrowing and Investment Powers Act 1987, the Transport Act 1983 and the Treasury Corporation of Victoria Act 1992 and for other purposes."

The Rail Corporations Act 1996 was assented to on 17 December 1996 and came into operation as follows:

Part 1 (sections 1–3) on 17 December 1996: section 2 (1); rest of Act (except Part 2 Division 2) on 1 March 1997; Part 2 Division 2 (sections 8–18) on 1 April 1997: Special Gazette (No. 11) 28 January 1997 page 1.

The title of this Act was changed from the Rail Corporations Act 1996 to the Rail Management Act 1996 by section 200(1) of the Transport Integration Act 2010, No. 6/2010.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Rail Management Act 1996 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

Assent Date:	16.12.97
Commencement Date:	Ss 3, 5, 14–24, 26 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1; ss 6–13, 25, 27–30 on 11.6.98: Government Gazette 11.6.98 p. 1314; s. 4 on 1.7.99: Government Gazette 1.7.99 p. 1521
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Rail Corporations (Amendment) Act 1998, No. 47/1998 (as amended by No. 98/1998)

Assent Date:	26.5.98
Commencement Date:	Ss 4–9, 11, 12 on 11.6.98: Government Gazette 11.6.98 p. 1314; s. 13 never proclaimed, repealed by s. 41(b) of No. 98/1998; s. 10 on 29.4.99: Government Gazette 29.4.99 p. 967; s. 14 on 23.12.99:  Government Gazette 23.12.99 p. 2764
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 49) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

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

Assent Date:	24.11.98
Commencement Date:	Ss 4–15 on 29.4.99: Government Gazette 29.4.99 p. 967; s. 16 on 1.7.99: Government Gazette 1.7.99 p. 1521
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Rail Corporations and Transport Acts (Amendment) Act 1999, No. 45/1999

Assent Date:	8.6.99
Commencement Date:	Ss 3–5, 8–11, 13, 14 on 24.8.99: Government Gazette 19.8.99 p. 1901; ss 6, 7, 12, 15 on 1.7.00: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999, No. 63/1999

Assent Date:	21.12.99
Commencement Date:	Ss 3–6, 8, 9(2)(3) on 23.12.99: Government Gazette 23.12.99 p. 2764; s. 7 on 1.1.01: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport (Amendment) Act 2000, No. 30/2000

Assent Date:	30.5.00
Commencement Date:	S. 39 on 31.5.00: s. 2
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport (Miscellaneous Amendments) Act 2000, No. 65/2000

Assent Date:	8.11.00
Commencement Date:	9.11.00: s. 2
CurrentState:	All of Act in operation

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 97) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport (Further Amendment) Act 2001, No. 54/2001

Assent Date:	2.10.01
Commencement Date:	Ss 28–36 on 30.6.03: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Essential Services Commission Act 2001, No. 62/2001

Assent Date:	23.10.01
Commencement Date:	Ss 89, 90 on 1.1.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Rail Corporations (Amendment) Act 2002, No. 20/2002

Assent Date:	21.5.02
Commencement Date:	22.5.02: s. 2
CurrentState:	All of Act in operation

Transport (Miscellaneous Amendments) Act 2003, No. 34/2003

Assent Date:	27.5.03
Commencement Date:	Ss 17, 18 on 28.5.03: s. 2(1); ss 14, 15 on 15.7.03: Special Gazette (No. 138) 15.7.03 p. 1
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Grain Handling and Storage (Amendment) Act 2003, No. 73/2003

Assent Date:	21.10.03
Commencement Date:	S. 19 on 22.10.03: s. 2
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Road Management Act 2004, No. 12/2004

Assent Date:	11.5.04
Commencement Date:	S. 174 on 1.1.05: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004

Assent Date:	16.6.04
Commencement Date:	Ss 20–22 on 17.6.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 172) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation (Amendment) Act 2004, No. 110/2004

Assent Date:	21.12.04
Commencement Date:	S. 19 on 22.12.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation (Further Amendment) Act 2005, No. 25/2005

Assent Date:	31.5.05
Commencement Date:	Ss 3, 4, 6–8 on 31.5.05: s. 2(1); s. 5 on 1.1.06: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005

Assent Date:	29.11.05
Commencement Date:	S. 10 on 30.11.05: s. 2(1); ss 9, 11 on 13.12.05: Special Gazette (No. 254) 13.12.05 p. 1
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Rail Safety Act 2006, No. 9/2006

Assent Date:	4.4.06
Commencement Date:	S. 156(1) on 1.1.06: s. 2(3); s. 156(2) on 5.4.06: s. 2(2); ss 150–155 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Statute Law (Further Revision) Act 2006, No. 29/2006

Assent Date:	6.6.06
Commencement Date:	S. 3(Sch. 1 item 34) on 7.6.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation (Further Amendment) Act 2006, No. 47/2006

Assent Date:	25.7.06
Commencement Date:	S. 37 on 26.7.06: s. 2(1); s. 38 on 1.8.06: s. 2(2); s. 32 on 30.10.06: Government Gazette 28.9.06 p. 2048
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 92) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation Amendment Act 2007, No. 69/2007

Assent Date:	11.12.07
Commencement Date:	Ss 69, 70 on 12.12.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Essential Services Commission Amendment Act 2008, No. 15/2008

Assent Date:	23.4.08
Commencement Date:	S. 27 on 1.7.08: Government Gazette 26.6.08 p. 1388
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation General Amendments Act 2009, No. 26/2009

Assent Date:	17.6.09
Commencement Date:	Ss 6–10 on 31.7.09: Special Gazette (No. 259) 28.7.09 p. 1
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 49) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	Ss 24(5)(Sch. 1 item 12), 200(1), 200(3)(Sch. 4) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010

Assent Date:	18.5.10
Commencement Date:	S. 82 on 22.5.10: Government Gazette 20.5.10 p. 988
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 79) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011

Assent Date:	15.11.11
Commencement Date:	S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11. p. 1; s. 21, Sch. 1 item 8, Sch. 2 item 4 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Rail Safety National Law Application Act 2013, No. 22/2013

Assent Date:	23.4.13
Commencement Date:	Ss 63–65 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Road Safety Amendment Act 2014, No. 49/2014

Assent Date:	1.7.14
Commencement Date:	S. 48 on 1.10.14: s. 2(6)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017

Assent Date:	14.2.17
Commencement Date:	S. 50(Sch. 1 item 6) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017, No. 68/2017

Assent Date:	19.12.17
Commencement Date:	Ss 87–89 on 1.11.18: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019

Assent Date:	6.11.19
Commencement Date:	S. 117(Sch. 1 item 10) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1
Current State:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 35) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation Amendment Act 2020, No. 41/2020

Assent Date:	1.12.20
Commencement Date:	S. 8 on 2.12.20: s. 2(1); s. 7 on 1.4.21: Special Gazette (No. 152) 30.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation Miscellaneous Amendments Act 2021, No. 30/2021

Assent Date:	10.8.21
Commencement Date:	Ss 90–93 on 11.8.21: s. 2(1)
Current State:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022

Assent Date:	24.5.22
Commencement Date:	Ss 77–81 on 25.5.22: s. 2(1)
Current State:	This information relates only to the provision/s amending the Rail Management Act 1996

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date:	21.11.23
Commencement Date:	S. 127(Sch. 1 item 11) on 22.11.23: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Rail Management Act 1996

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 35) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Rail Management Act 1996

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Pt 2A (Heading and ss 38A–38P, 38R): Pt 2A (Heading and ss 38A–38P, 38R) inserted by No. 47/1998 s. 10 (as amended by No. 98/1998 ss 41(a), 42, 43)), amended by Nos 45/1999 s. 8, 63/1999 s. 9(2), 65/2000 ss 9–16, 62/2001 ss 89(1)(c)–(n)(2), 90, 20/2002 ss 4–7, 73/2003 s. 19, 110/2004 s. 19, 25/2005 ss 4–6, 95/2005 s. 9(2)(d), 9/2006 ss 154–156, 47/2006 s. 38, 15/2008 s. 27, 26/2009 s. 9, 61/2011 s. 25(Sch. 1 items 8.3, 8.4), 22/2013 ss 63, 64, 49/2014 s. 48, 3/2017 s. 50(Sch. 1 items 6.4, 6.5), substituted as Part 2A (Headings and ss 38A-38ZZG) by No. 68/2017 s. 88.

[2] S. 52(3) (repealed): The amendment proposed by section 14(3) of the Rail Corporations (Amendment) Act 1998, No. 47/1998 is not included in this publication because of the earlier repeal of section 52(3) by section 24 (Schedule item 49.2) of the Transfer of Land (Single Register) Act 1998, No. 85/1998.