Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025 (Vic)
Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025
No. 25 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Road Safety Act 1986
3Definitions
4Power to inspect motor vehicles and trailers
5Appeal to Magistrates' Court
6Direction to impose alcohol interlock condition
7Blood samples to be taken in certain cases
8Section 75 repealed
9Power to prosecute
10Section 77A substituted
11Appeal to the Magistrates' Court
12Orders Magistrates' Court may make in the proceeding
13Cross-examination as to offence with which person is charged
14Traffic infringements
15Extension of time to object if no actual notice
16Extension of time to lodge statement under section 84BE
17Regulations
18Statute law revisions
Part 3—Amendment of Road Management Act 2004
Division 1—Power to prescribe road authorities for road infrastructure
19Powers of a road authority
20Which road authority is the responsible road authority?
Division 2—Consent for works
21Consent of coordinating road authority
22Process applying to applications for written consent
Part 4—Amendment of Port Management Act 1995
Division 1—Port managers and port operations
23Definitions
24Appointment of port managers of local ports
25Port managers may provide services outside local port
26New section 44BB inserted
27Charges
28Port manager may act as harbour master if there is no harbour master
29Heading to Division 4 of Part 5B substituted
30New section 88PA inserted
31Section 88Q substituted
32Section 88R substituted
33Requirement to make enquiries as to owner of thing
34Disposal of thing
35Recovery of costs
36Section 88V substituted
37Proceeds of disposal where owner not located
38Division 1 of Part 6 repealed
39Port manager's responsibilities for management plans
40Section 91F substituted
41Ministerial directions
42Regulations
Division 2—Mooring services provider licensing scheme
43New Part 4C inserted
Division 3—Miscellaneous amendments
44Definitions
45Definitions in Part 4A
46Definitions in Part 4B
47Statute law revision
Part 5—Amendment of Marine Safety Act 2010
Division 1—Amendments relating to removal or disposal of abandoned things
48Heading to Division 2 of Part 5.5 substituted
49New section 219AA inserted
50Section 219A substituted
51Section 219B substituted
52Requirement to make enquiries as to owner of thing
53Disposal of thing
54Recovery of costs
55Section 219F substituted
Division 2—Miscellaneous amendments
56Sale or disposal of uncollected recreational vessels and items
57Sale or disposal of recreational vessel subject to forfeiture order
58Disposal of recreational vessel, item or thing subject to disposal order
59Protection from liability
60Definitions in Part 8.8A
Part 6—Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988
61Definitions
62Prevention of pollution caused by escape of oil
63Section 71AA amended
64Functions of the Secretary
Part 7—Amendment of Transport (Safety Schemes Compliance and Enforcement) Act 2014
65Section 1 substituted
66Definitions
67Part 2 heading amended
68Use of force
69Power to use force against persons to be exercised only by police officers
70New Part 2A inserted
71Reviewable decisions
72Review by Safe Transport Victoria
73New sections 101A and 101B inserted
74Review by VCAT
75Offence to give false or misleading information
76Criminal liability of officers of bodies corporate—failure to exercise due diligence
77Evidentiary certificates—this Act or transport safety laws
78Adverse publicity order
79Service of documents
80Regulations
81New Part 9 inserted
Part 8—Amendment of Transport (Compliance and Miscellaneous) Act 1983
82Definitions
83Part V repealed
84Definitions in Part VIIA
Part 9—Amendment of Transport Integration Act 2010
Division 1—Employment of executives
85Chief Executive
86Chief executive officer and other employees
87Chief executive officer of V/Line Corporation
Division 2—Appointment of acting chief executive officer of V/Line Corporation
88Acting chief executive officer of V/Line Corporation
Division 3—FOI requests related to investigation materials
89Section 178B amended
90New section 197AA inserted
Division 4—Chief Investigator, Transport Safety
91Power to investigate
92Delegation by the Chief Investigator, Transport Safety
Division 5—Other amendments
93Definitions
94Application
95Transport Corporation not to make loans to directors
96Indemnity
Part 10—Amendment of other Acts
Division 1—Accident Towing Services Act 2007
97Issue of certificate of accreditation
98Notification and reasons to be given if accreditation refused
Division 2—Crimes Act 1958
99Culpable driving causing death
Division 3—Environment Protection Act 2017
100Certificate concerning ownership of vehicle or vessel
Division 4—Fines Reform Act 2014
101Application of Part
Division 5—Local Government Act 1989
102Powers of Councils over traffic
Division 6—North East Link Act 2020
103Chief executive officer
Division 7—Rail Safety National Law Application Act 2013
104Definitions in Part 4A
Division 8—Sentencing Act 1991
105Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences
Division 9—Amendments updating Department references
106Amendments updating Department references
Part 11—Repeal of this Act
107Repeal of this Act
Schedule 1—Amendments updating Department references
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Endnotes
1 General information
Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025
No. 25 of 2025
[Assented to 5 August 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Road Safety Act 1986—
(i)to enable prescribed persons to collect blood and urine samples; and
(ii)to empower Victoria Police employees to issue infringement notices and prosecute drivers for certain offences if authorised to do so by the Chief Commissioner of Police; and
(iii)to further provide for the refunding of traffic infringement penalties and related fees or costs in circumstances where an infringement notice is cancelled; and
(iv)to extend the time limit for commencing proceedings for certain offences; and
(v)to make other miscellaneous amendments to that Act; and
(b)to amend the Road Management Act 2004—
(i)to enable responsible road authorities to be prescribed for certain road infrastructure; and
(ii)to amend the provisions relating to consent for works applications; and
(c)to amend the Port Management Act 1995—
(i)to clarify provisions relating to the appointment of port managers and to expand the functions conferred on port managers; and
(ii)to make further provision for the management of abandoned things in relevant ports; and
(iii)to establish a scheme for the licensing of mooring service providers; and
(iv)to improve the operation of that Act; and
(d)to amend the Marine Safety Act 2010—
(i)to clarify provisions relating to the management of abandoned things; and
(ii)to clarify a liability provision relating to harbour masters; and
(e)to amend the Marine (Drug, Alcohol and Pollution Control) Act 1988—
(i)to enable prescribed persons to collect blood and urine samples; and
(ii)in relation to marine pollution incidents; and
(f)to amend the Transport (Compliance and Miscellaneous) Act 1983 and the Transport (Safety Schemes Compliance and Enforcement) Act 2014 to relocate the investigation powers of the Chief Investigator, Transport Safety from the Transport (Compliance and Miscellaneous) Act 1983 to the Transport (Safety Schemes Compliance and Enforcement) Act 2014; and
(g)to amend the Transport Integration Act 2010 to improve the operation of that Act and to make other miscellaneous amendments; and
(h)to amend other Acts to update Department references and to make other miscellaneous amendments.
2Commencement
(1)This Part, Part 2 (other than sections 9 and 14), Division 1 of Part 3, Division 2 of Part 5, Part 9 (other than Divisions 3 and 4) and Part 10, sections 25, 26, 27, 28, 38, 39, 47, 61 and 84 and Schedule 1 come into operation on the day after 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 of this Act does not come into operation before 1 May 2026, it comes into operation on that day.
PART 2—AMENDMENT OF ROAD SAFETY ACT 1986
3Definitions
In section 3(1) of the Road Safety Act 1986—
(a)in the definition of approved health professional—
(i)in paragraph (a)(ii), for "profession;" substitute "profession; or";
(ii)in paragraph (b), for "Part 5;" substitute "Part 5; or";
(iii)after paragraph (b) insert—
"(c)a person or a member of a class of person prescribed by the regulations;";
(b)the definition of bill of sale is repealed;
(c)insert the following definition—
"Victoria Police employee has the same meaning as in the Victoria Police Act 2013;".
4Power to inspect motor vehicles and trailers
In section 13(6)(ab) of the Road Safety Act 1986 omit "within the meaning of the Victoria Police Act 2013,".
5Appeal to Magistrates' Court
For the note at the foot of section 46H(3)(b) of the Road Safety Act 1986 substitute—
"Notes
1 The circumstances in which the Secretary must record demerit points are specified in regulations 73 and 74 of the Road Safety (Drivers) Regulations 2019.
2 In certain circumstances the Secretary is required to record demerit points against the responsible person in relation to the motor vehicle—see section 84BC(4).".
6Direction to impose alcohol interlock condition
In section 50AAA(4) of the Road Safety Act 1986, for "the Court" substitute "the Secretary".
7Blood samples to be taken in certain cases
For section 56(4) of the Road Safety Act 1986 substitute—
"(4)Subsection (2) does not apply if, in the opinion of the doctor or approved health professional first responsible for the examination or treatment of the person, the taking of a blood sample from the person would be prejudicial to the person's proper care and treatment.".
8Section 75 repealed
Section 75 of the Road Safety Act 1986 is repealed.
9Power to prosecute
(1)After section 77(2)(c) of the Road Safety Act 1986 insert—
"(ca)a Victoria Police employee or a member of a class of Victoria Police employee who is authorised in writing to do so either generally or in any particular case by the Chief Commissioner of Police, if the offence is—
(i)an offence to which section 66 applies; and
(ii)not an excessive speed infringement;".
(2)In section 77(3) of the Road Safety Act 1986—
(a)after "a police officer" insert "or a Victoria Police employee";
(b)after "other police officer" insert "or Victoria Police employee".
10Section 77A substituted
For section 77A of the Road Safety Act 1986 substitute—
"77A Extension of time limit for certain prosecutions
Despite anything to the contrary in section 7(1) of the Criminal Procedure Act 2009, a proceeding for—
(a)a summary offence under section 61 or 61A; or
(b)an offence under Division 4 of Part 10 against a person in any capacity other than as a driver or operator of a vehicle—
may be commenced within 2 years after the commission of the alleged offence.".
11Appeal to the Magistrates' Court
In section 85S(3)(a) and (b) of the Road Safety Act 1986, after "licence" insert "or permit".
12Orders Magistrates' Court may make in the proceeding
In section 85T(1) and (3) of the Road Safety Act 1986, after "licence" insert "or permit".
13Cross-examination as to offence with which person is charged
In section 85U of the Road Safety Act 1986, after "licence" (where twice occurring) insert "or permit".
14Traffic infringements
(1)Before section 88(1AA) of the Road Safety Act 1986 insert—
"(1AAB)A person who is referred to in section 77(2)(ca) who has reason to believe that a person has committed a traffic infringement may issue or cause to be issued and serve or cause to be served on that person a traffic infringement notice if the traffic infringement is—
(a)of a kind prescribed for the purposes of this Part; and
(b)an offence to which section 66 applies; and
(c)not an excessive speed infringement.".
(2)In section 88(1AA) of the Road Safety Act 1986, for "or (1AAA)" substitute ", (1AAA) or (1AAB)".
(3)In section 88(1A) of the Road Safety Act 1986, after "subsection (1)" insert "and subject to subsection (1AAB)".
(4)In section 88(2) of the Road Safety Act 1986, for "subsection (1) and (1AAA)" substitute "subsections (1), (1AAA) and (1AAB)".
15Extension of time to object if no actual notice
After section 89B(3)(e) of the Road Safety Act 1986 insert—
"(ea)any infringement fine or part of an infringement fine within the meaning of the Fines Reform Act 2014, any infringement penalty or part of an infringement penalty within the meaning of the Infringements Act 2006 and any additional fee or cost that has been added to the infringement penalty under the Fines Reform Act 2014, the Infringements Act 2006 or the regulations made under either of those Acts or any infringement penalty or part of an infringement penalty within the meaning of the Youth Justice Act 2024 and any prescribed fee, cost or charge payable in relation to that infringement penalty or part infringement penalty under the Youth Justice Act 2024 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly); and".
16Extension of time to lodge statement under section 84BE
(1)In section 89BA(5)(f) of the Road Safety Act 1986, for "cancelled." substitute "cancelled; and".
(2)After section 89BA(5)(f) of the Road Safety Act 1986 insert—
"(fa)any infringement fine or part of an infringement fine within the meaning of the Fines Reform Act 2014, any infringement penalty or part of an infringement penalty within the meaning of the Infringements Act 2006 and any additional fee or cost that has been added to the infringement penalty under the Fines Reform Act 2014, the Infringements Act 2006 or the regulations made under either of those Acts or any infringement penalty or part of an infringement penalty within the meaning of the Youth Justice Act 2024 and any prescribed fee, cost or charge payable in relation to that infringement penalty or part infringement penalty under the Youth Justice Act 2024 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly).".
17Regulations
Section 95(9) of the Road Safety Act 1986 is repealed.
18Statute law revisions
(1)In section 3(1) of the Road Safety Act 1986, in the definition of prescribed illicit drug, in paragraph (ab), for "(MDMA);" substitute "(MDMA); or".
(2)At the foot of section 79(2) of the Road Safety Act 1986 insert—
"Note
See section 84BAA.".
(3)In section 84ZH(2)(aa) of the Road Safety Act 1986, for "84GB;" substitute "84GB; and".
(4)In section 103ZN of the Road Safety Act 1986 (where secondly occurring), for "103ZN" substitute "103ZNA".
PART 3—AMENDMENT OF ROAD MANAGEMENT ACT 2004
Division 1—Power to prescribe road authorities for road infrastructure
19Powers of a road authority
In section 35(5) of the Road Management Act 2004, for "road-related" (wherever occurring) substitute "road".
20Which road authority is the responsible road authority?
(1)In section 37(2A) of the Road Management Act 2004—
(a)before "(2)" insert "(1) or";
(b)for "road-related" (where twice occurring) substitute "road";
(c)after "infrastructure," (where secondly occurring) insert "forming part of or".
(2)After section 37(2A) of the Road Management Act 2004 insert—
"(2B)If a road authority is prescribed for the purposes of subsection (2A) as the responsible road authority for prescribed road infrastructure, or a prescribed class of road infrastructure, forming part of or on a prescribed road, or a prescribed class of road, the road authority that otherwise would have been the responsible road authority must include information to this effect in its register of public roads.".
Division 2—Consent for works
21Consent of coordinating road authority
(1)In clause 16(1) of Schedule 7 to the Road Management Act 2004—
(a)for "A person" substitute "The works manager or the infrastructure manager responsible for proposed works on a road";
(b)for "proposed works on a road" substitute "the proposed works".
(2)After clause 16(2) of Schedule 7 to the Road Management Act 2004 insert—
"(2A)An application made under this clause must—
(a)be made in accordance with the regulations; and
(b)include the prescribed information (if any); and
(c)be accompanied by—
(i)the prescribed application fee (if any); and
(ii)any other things that are prescribed.
(2B)To avoid doubt, if an application does not comply with subclause (2A), the coordinating road authority may refuse to consider the application and may continue to do so until the application complies with that subclause.
(2C)Without limiting subclause (2B), a coordinating road authority may request further information in relation to an application and may refuse to consider the application until the applicant provides all the requested information.".
22Process applying to applications for written consent
(1)In clause 17(1) of Schedule 7 to the Road Management Act 2004, for "If" substitute "Subject to subclauses (1A) and (1B), if".
(2)After clause 17(1) of Schedule 7 to the Road Management Act 2004 insert—
"(1A)To avoid doubt, subclause (1) does not apply unless an application under clause 16 complies with that clause.
(1B)In addition, without limiting subclause (1A), subclause (1) does not apply if—
(a)the application is for the conduct of proposed works on a freeway; or
(b)the applicant is not a road authority, provider of public transport, a utility or an employee or agent of a road authority, provider of public transport or a utility.".
PART 4—AMENDMENT OF PORT MANAGEMENT ACT 1995
Division 1—Port managers and port operations
23Definitions
(1)In section 3(1) of the Port Management Act 1995, for the definition of abandoned thing substitute—
"abandoned thing means a thing that a port manager determines is an abandoned thing in accordance with section 88PA;".
(2)In section 3(1) of the Port Management Act 1995 insert—
"unattended thing means a thing to which Division 4 of Part 5B applies, and includes an abandoned thing;".
24Appointment of port managers of local ports
(1)In section 44A(1) of the Port Management Act 1995, for "by instrument" substitute "by Order published in the Government Gazette".
(2)In section 44A(2) of the Port Management Act 1995—
(a)for "Council may" substitute "Council, by Order published in the Government Gazette, may";
(b)in paragraph (b), for "make corresponding amendments to the instrument of appointment of the port manager" substitute "make corresponding amendments to the Order of appointment".
(3)In section 44A(3)(d) of the Port Management Act 1995—
(a)for "local authority" substitute "waterway manager";
(b)after "port" insert ", if the port manager is appointed as the waterway manager under that Act".
(4)In section 44A(7) of the Port Management Act 1995, for "takes effect on the day after the day" substitute "under this section takes effect on the day".
25Port managers may provide services outside local port
(1)In section 44BA of the Port Management Act 1995, after "marine service" insert "(including any technical, advisory, maintenance and other services)".
(2)At the end of section 44BA of the Port Management Act 1995 insert—
"(2)A direction or authorisation under subsection (1) is subject to any conditions or limitations that the Minister specifies.
(3)The Minister may permit a port manager to impose a charge in accordance with section 44D for the provision of the service to which the direction or authorisation relates.
(4)If the Minister permits a port manager to impose a charge in accordance with section 44D, the Minister—
(a)must specify whether or not the amount of the charge the port manager may impose is permitted to exceed the cost of providing the service; and
(b)may specify the basis on which the port manager is permitted to calculate the amount of the charge, including whether or not the charge may be calculated on a commercial basis; and
(c)may specify circumstances in which the port manager is required to waive or reduce the charge, in addition to any exemptions the port manager may provide for under section 44D(4).".
26New section 44BB inserted
After section 44BA of the Port Management Act 1995 insert—
44BBPort managers may provide certain services"
(1)The Minister may direct or authorise a port manager of a local port to provide technical, advisory, maintenance and related services to persons or bodies that own, control, operate or maintain, or propose to own, control, operate or maintain, infrastructure or marine assets in the port lands or waters of the port manager's local port.
(2)A direction or authorisation under subsection (1) is subject to any conditions or limitations that the Minister specifies.
(3)The Minister may permit a port manager to impose a charge in accordance with section 44D for the provision of the service to which the direction or authorisation relates.
(4)If the Minister permits a port manager to impose a charge in accordance with section 44D, the Minister—
(a)must specify whether or not the amount of the charge the port manager may impose is permitted to exceed the cost of providing the service; and
(b)may specify the basis on which the port manager is permitted to calculate the amount of the charge, including whether or not the charge may be calculated on a commercial basis; and
(c)may specify circumstances in which the port manager is required to waive or reduce the charge, in addition to any exemptions the port manager may provide for under section 44D(4).".
27Charges
(1)For section 44D(1) of the Port Management Act 1995 substitute—
"(1)Subject to subsection (3), the port manager of a local port may impose a charge for the following—
(a)the use of a facility in the port;
(b)the provision of any service or part of a service (other than a service referred to in section 44BB) by the port manager in the port;
(c)the provision of a service outside the port lands or waters of its local port in accordance with a direction or authorisation under section 44BA, to the extent the direction or authorisation authorises a charge to be imposed;
(d)the provision of a service in the port lands or waters of its local port in accordance with a direction or authorisation under section 44BB, to the extent the direction or authorisation authorises a charge to be imposed.".
(2)In section 44D(2) of the Port Management Act 1995—
(a)after "reference" (where first occurring) insert "in this section";
(b)for paragraph (b) substitute—
"(b)to the use of an area for a swing mooring.".
(3)Section 44D(2A), (2B) and (3A) of the Port Management Act 1995 are repealed.
(4)In section 44D(8) of the Port Management Act 1995, for "local authority" substitute "port manager".
28Port manager may act as harbour master if there is no harbour master
In section 44G(2) of the Port Management Act 1995, for "local authority for the port" substitute "port manager for the local port".
29Heading to Division 4 of Part 5B substituted
For the heading to Division 4 of Part 5B of the Port Management Act 1995 substitute—
"Division 4—Unattended things".
30New section 88PA inserted
After section 88P of the Port Management Act 1995 insert—
88PAAbandoned things"
(1)For the purposes of this Division, a port manager may determine that a thing (including a vessel or other item) is an abandoned thing if the thing has been left in a relevant port for more than one month and—
(a)the port manager cannot establish both the identity and location of the owner of the thing despite making all reasonable enquiries; or
(b)the port manager has identified the owner and—
(i)reasonably believes that the owner of the thing will not move the thing; or
(ii)has served written notice on the owner of the thing stating that the thing must be moved before a date specified in the notice (being a date not less than 14 days after the day on which the notice is served on the owner), and the thing has not been moved by that date.
(2)A notice under subsection (1)(b)(ii) may be served on an owner in or outside Victoria—
(a)personally or by sending it by post addressed to the owner at the usual or last known place of residence or business of that owner; or
(b)by sending it to a fax number or email address or by any other form of electronic communication nominated by the owner; or
(c)by sending it to the owner at an authorised address within the meaning of section 163A of the Infringements Act 2006.
(3)A notice under subsection (1)(b)(ii) served in accordance with subsection (2)(c) and returned undelivered to its sender is taken to have been served 7 days after the date specified in the notice as the date of the notice, despite it being returned to the sender as undelivered.
(4)Subsection (3) has effect despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984.".
31Section 88Q substituted
For section 88Q of the Port Management Act 1995 substitute—
"88Q Removal of things
(1)A port manager may move any thing or cause any thing to be moved from a relevant port if the port manager has determined that the thing is an abandoned thing in accordance with section 88PA.
(2)A port manager may immediately remove a thing from a port if—
(a)the port manager is of the opinion that the thing has been left unattended at the relevant port and—
(i)is causing an impediment to the operations of the port; or
(ii)is causing an environmental hazard to the port; or
(iii)is a risk to the safety or security of the port or port operations; or
(iv)is a danger to public health; and
(b)the port manager—
(i)cannot establish both the identity and location of the owner of the thing; or
(ii)reasonably believes that the owner will not move the thing.
(3)A port manager when moving a thing under this section must move it to a place that the port manager reasonably believes is the nearest safe and convenient place.".
32Section 88R substituted
For section 88R of the Port Management Act 1995 substitute—
"88R Powers in relation to moving or disposing of things
A person acting on behalf of a port manager may enter a vehicle or vessel using, if necessary, reasonable force, for the purpose of—
(a)conveniently or expeditiously moving the vehicle or vessel in accordance with section 88Q(1) or (2); or
(b)facilitating the sale or disposal of the vehicle or vessel in accordance with section 88T.".
33Requirement to make enquiries as to owner of thing
In section 88S of the Port Management Act 1995—
(a)for "88Q(1) or (2)" substitute "88Q(2)";
(b)for "the identity or location" substitute "both the identity and the location".
34Disposal of thing
(1)For section 88T(1) of the Port Management Act 1995 substitute—
"(1)A port manager may dispose of a thing by gift, sale or destruction of the thing or by otherwise dealing with the thing if the port manager—
(a)has determined that the thing is an abandoned thing in accordance with section 88PA(1) or has moved the thing under section 88Q(2); and
(b)is unable to establish both the identity and location of the owner of the thing after reasonable enquiries.".
(2)For section 88T(4) of the Port Management Act 1995 substitute—
"(4)If a port manager establishes both the identity and location of the owner of a thing that the port manager has determined is an abandoned thing in accordance with section 88PA(1) or that has been moved under section 88Q(2), the port manager must give the owner notice in writing that the port manager intends to dispose of the thing.".
(3)After section 88T(5) of the Port Management Act 1995 insert—
"(5A) A person to whom a port manager gives or sells a thing under subsection (1) or (5) obtains good title to that thing.".
(4)For section 88T(6) of the Port Management Act 1995 substitute—
"(6)Despite subsections (4) and (5), if the thing is a perishable item, the port manager is not required to give notice to the owner of the thing before disposing of the thing.".
35Recovery of costs
For section 88U(1) of the Port Management Act 1995 substitute—
"(1)The port manager may recover any costs incurred in dealing with a thing under section 88Q, 88R or 88T from the owner of the thing, including any costs incurred in the course of—
(a)moving, storing or disposing of the thing; or
(b)returning the thing to its owner.".
36Section 88V substituted
For section 88V of the Port Management Act 1995 substitute—
"88V Application of proceeds of sale and compensation
(1)Subject to section 88W, a port manager who sells a thing in accordance with section 88T must apply the proceeds of sale in the following order of priority—
(a)to pay the costs of the sale, including any costs of moving or storing the thing;
(b)to discharge any security interest over the thing, such as a bank loan or a lease arrangement, that existed immediately before the thing—
(i)was determined by the port manager to be an abandoned thing under section 88PA(1); or
(ii)was moved under section 88Q(2);
(c)to pay any outstanding fees the owner of the thing owes to the port manager;
(d)to pay to the owner of the thing and to any other person with an interest in the thing (other than a person with a security interest referred to in paragraph (b)) an amount referred to in subsection (3).
(2)If a person with a security interest over the thing is unable to recover possession of the thing because the thing has been sold under this Division, a port manager must pay to the person an amount commensurate with the value of the person's interest in the thing from the proceeds of the sale, after the amounts referred to in subsection (1)(a) have been paid.
(3)If the owner of a thing is unable to recover possession of the thing because the thing has been sold under this Division, a port manager must pay to the owner and to any other person with an interest in the thing (other than a person with a security interest referred to in subsection (1)(b)) an amount commensurate with the value of the owner's or person's interest in the thing from the proceeds of the sale, after the amounts referred to in subsection (1)(a), (b) and (c) have been paid.
(4)The owner or other person with an interest in a thing disposed of under this Division is not entitled to any payments under this section—
(a)if the thing is disposed of other than by sale; or
(b)if the thing is disposed of by sale and there are no net proceeds remaining after the amounts referred to in—
(i)subsection (1)(a), (b) and (c) have been paid, in the case of the owner or a person with an interest other than a security interest in the thing; or
(ii)subsection (1)(a) have been paid, in the case of the person with a security interest in the thing.
(5)A person with an interest in a thing that has been disposed of under this Division may make an application to the Magistrates' Court for an order that compensation be paid in accordance with subsection (2) or (3) (as the case requires) and the Court may make either or both of the following orders, where appropriate—
(a)an order that compensation be paid to that person commensurate with the value of the person's interest in the thing, less the amounts referred to in—
(i)subsection (1)(a), in the case of a person with a security interest in the thing; or
(ii)subsection (1)(a), (b) and (c), in the case of the owner or a person with an interest other than a security interest in the thing;
(b)an order that the port manager may retain the following out of the proceeds of the sale of the thing—
(i)the costs incurred by the port manager in storing, moving or disposing of the thing under this Division;
(ii)any outstanding fees owed by the owner of the thing to the port manager.
(6)An application under subsection (5) must be made within 12 months of the date of the disposal of the thing.
(7)Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to an interest arising out of the operation of this Division.".
37Proceeds of disposal where owner not located
For section 88W(b) of the Port Management Act 1995 substitute—
"(b)if no claim has been made under section 88V within 12 months of the disposal of the thing, any proceeds from the disposal of the thing, after the recovery of any costs under paragraph (a), must be paid to the State.".
38Division 1 of Part 6 repealed
Division 1 of Part 6 of the Port Management Act 1995 is repealed.
39Port manager's responsibilities for management plans
In section 91C(4)(c) of the Port Management Act 1995, for "91F" substitute "91FA".
40Section 91F substituted
For section 91F of the Port Management Act 1995 substitute—
91FWhen must an audit be conducted? "
(1)The port manager of a port must ensure that an audit under section 91E is conducted within 3 years after the previous audit was conducted.
(2)If the Minister gives the port manager a direction under section 91H(1) to prepare a new management plan, the port manager must ensure that—
(a)an audit under section 91E is conducted within 6 months after the plan is prepared; and
(b)subsequent audits are conducted in accordance with subsection (1).
(3)Despite subsections (1) and (2), the Minister may, by notice in writing to a port manager, specify an alternative time within which an audit under section 91E must be completed if—
(a)the Minister is of the opinion that the change is necessary or appropriate; and
(b)the Minister has consulted with the relevant Ministers, if the time specified under this subsection is earlier than otherwise required by subsection (1) or (2).".
41Ministerial directions
Section 91H(4) and (4A) of the Port Management Act 1995 are repealed.
42Regulations
(1)In section 98(1)(cc) of the Port Management Act 1995, for "abandoned" substitute "unattended".
(2)In section 98(1)(cd) of the Port Management Act 1995, for "abandoned" (wherever occurring) substitute "unattended".
Division 2—Mooring services provider licensing scheme
43New Part 4C inserted
After Part 4B of the Port Management Act 1995 insert—
"PART 4C—REGULATION OF THE PROVISION OF MOORING SERVICES
Division 1—Preliminary
73ZRDefinitions
In this Part—
berth means any dock, pier, jetty, quay, wharf, marine terminal or similar structure (whether floating or not) at which a vessel may tie up using mooring lines, and includes any plant or premises, other than a vessel, used for purposes ancillary or incidental to the loading or unloading of cargoes;
disciplinary action—see section 73ZZI;
licence holder means a holder of a mooring service licence;
mooring means the process of securing a vessel to a berth by attaching the mooring lines of the vessel to the mooring infrastructure of the berth;
mooring service means the service of mooring and unmooring vessels;
mooring service determination means a determination under section 73ZS;
mooring service licence means a licence issued under section 73ZY;
mooring service provider means an individual or organisation who provides a mooring service;
mooring vessel means a vessel under the control of a mooring service provider that is used to assist in the provision of mooring services;
show cause notice—see section 73ZZJ;
unmooring means the process of releasing a vessel from a berth by detaching the mooring lines of the vessel from the mooring infrastructure of the berth.
Division 2—Mooring service determination
73ZSMooring service determination
(1)Ports Victoria may make a determination that sets out the requirements and standards that are to apply to the provision of a mooring service in a prescribed commercial trading port.
(2)Without limiting subsection (1), a determination under that subsection must specify—
(a)the period during which its provisions operate (the determination period); and
(b)the prescribed commercial trading port to which the determination applies.
(3)A determination under subsection (1) may—
(a)be of general or limited application; and
(b)differ according to differences in time, place or circumstances; and
(c)provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the determination—
(i)whether unconditionally or on specified conditions; and
(ii)either wholly or to any extent that is specified.
(4)The determination period under subsection (2)(a)—
(a)must commence on the day on which the previous determination period relating to the same prescribed commercial trading port ends, in the case of a second or subsequent determination for the port; and
(b)must be of sufficient duration to allow for preparation and publication of the next proposed determination for the port in accordance with the requirements of subsection (5) and section 73ZT.
(5)A determination under subsection (1) must be published—
(a)at least 6 months before the day on which it comes into operation, if no previous determination has been made for the prescribed commercial trading port under this section; or
(b)at least 2 months before the day on which it comes into operation, in the case of a second or subsequent determination.
(6)In making a determination under subsection (1), Ports Victoria—
(a)must have regard to—
(i)the requirements that are necessary for the safe and efficient operation of the relevant commercial trading port for the determination period; and
(ii)any submissions made under section 73ZU as to the proposed determination notified under section 73ZT; and
(b)must not make a determination that imposes more onerous requirements than the requirements set out in the proposed determination notified under section 73ZT.
(7)A determination under subsection (1)—
(a)must be published in the Government Gazette; and
(b)has effect from the date of publication; and
(c)operates for the determination period.
73ZTNotice and consultation requirements for proposal to make mooring service determination
(1)Subject to subsection (2), Ports Victoria must publish notice of a proposal to make a mooring service determination in the Government Gazette at least 30 days before making the determination.
(2)Ports Victoria must consult the port managers of the prescribed commercial trading port to which the proposed determination is to apply at least 30 days before publishing notice of the proposal.
(3)A notice under subsection (1) must set out—
(a)the proposed form and content of the determination; and
(b)the fact that written submissions may be made on the proposed determination to Ports Victoria; and
(c)the time within which the written submissions must be made under section 73ZU, being a period of least 30 days from the day on which the notice is published.
73ZUEntitlement to make submissions
(1)A person who is likely to be affected by a proposed determination set out in a notice under section 73ZT may make a written submission to Ports Victoria about the proposed determination.
(2)A submission under subsection (1) must be made within the time specified in the notice published under section 73ZT.
DIVISION 3—LICENCE REQUIRED TO PROVIDE MOORING SERVICE
73ZVWhat a mooring service licence authorises
(1)A mooring service licence authorises the licence holder to provide the mooring service specified in the licence in the commercial trading port specified in the licence.
(2)An authority referred to in subsection (1) is subject to—
(a)any other provision of this Act; and
(b)the conditions specified in this Act and in the mooring service licence.
73ZWOffence to provide mooring service without licence
A person must not provide a mooring service in a commercial trading port in respect of which there is a mooring service determination in effect unless the person holds a mooring service licence that—
(a)authorises them to provide the mooring service specified in the licence in that commercial trading port; and
(b)is in force.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 60 penalty units.
Division 4—Mooring service licensing process
73ZXApplicationfor mooring service licence
(1)A person who proposes to provide a mooring service in a commercial trading port may apply to Ports Victoria for the issue of a mooring service licence.
(2)An application under subsection (1) must—
(a)be in the form determined by Ports Victoria; and
(b)be accompanied by the prescribed fee (if any); and
(c)describe the mooring service proposed to be provided; and
(d)specify the commercial trading port in which the mooring service is proposed to be provided; and
(e)contain any other information required by Ports Victoria.
(3)Ports Victoria—
(a)may require an applicant to provide further information or material in respect of the application; and
(b)may require that the information or material be verified.
73ZYDetermination of application for mooring service licence
(1)On receiving an application under section 73ZX , Ports Victoria may—
(a)approve the application and issue a mooring service licence; or
(b)refuse the application.
(2)In making a decision under subsection (1), Ports Victoria—
(a)must have regard to whether the mooring service described in the application meets the requirements and standards set out in the applicable mooring service determination; and
(b)may have regard to any other matter that Ports Victoria considers relevant.
(3)Ports Victoria must give the applicant written notice of the decision made under subsection (1) as soon as practicable after making the decision.
(4)A notice under subsection (3) must—
(a)include a statement of reasons for the decision; and
(b)inform the applicant that they have a right to seek review of the decision under Division 9.
(5)In this section—
applicable mooring service determination, in relation to an application for a mooring service licence, means the mooring service determination that applies to the commercial trading port to which the application relates.
73ZZConditions of mooring service licence
(1)A mooring service licence is subject to any conditions that Ports Victoria thinks fit and specifies in the licence.
(2)Without limiting subsection (1), Ports Victoria may make a mooring service licence subject to a condition that the licence holder must provide the mooring service specified in the licence in the commercial trading port specified in the licence in a way—
(a)that meets the requirements and standards set out in the mooring service determination that apply to the provision of a mooring service in that commercial trading port; or
(b)that departs, as specified in the licence, from the requirements and standards set out in the mooring service determination that apply to the provision of a mooring service in that commercial trading port.
73ZZACompliance with conditions of mooring service licence
A licence holder must comply with the conditions to which the mooring service licence is subject.
Penalty:In the case of a natural person, 80 penalty units;
In the case of a body corporate, 240 penalty units.
73ZZBPeriod a mooring service licence is in effect
(1)A mooring service licence issued under section 73ZY(1)(a)—
(a)takes effect on the day the mooring service licence is issued; and
(b)remains in effect for the period of 5 years commencing on the day the licence takes effect unless suspended, cancelled or surrendered.
(2)A mooring service licence may be renewed under Division 5.
Division 5—Renewal of mooring service licence
73ZZCApplication to renew mooring service licence
(1)A licence holder may apply to Ports Victoria for the renewal of the mooring service licence they hold before the expiry of the licence.
(2)An application under subsection (1) must—
(a)be in the form determined by Ports Victoria; and
(b)be accompanied by the prescribed fee (if any); and
(c)describe the mooring service proposed to be provided under the renewed licence; and
(d)specify the commercial trading port in which the mooring service is proposed to be provided under the renewed licence; and
(e)contain any other information required by Ports Victoria.
(3)Ports Victoria—
(a)may require an applicant to provide further information or material in respect of the application; and
(b)may require that the information or material be verified.
(4)If an application that complies with this section is received by Ports Victoria but not decided before the day on which the mooring service licence to which it relates expires, that licence is taken to continue in force until the day on which Ports Victoria makes the decision.
73ZZDDetermination of application to renew mooring service licence
(1)On receiving an application under section 73ZZC, Ports Victoria may—
(a)approve the application and renew the mooring service licence that is the subject of the application; or
(b)refuse the application.
(2)In making a decision under subsection (1), Ports Victoria—
(a)must have regard to whether the mooring service described in the application meets the requirements and standards set out in the applicable mooring service determination; and
(b)may have regard to any other matter that Ports Victoria considers relevant.
(3)If Ports Victoria approves an application under subsection (1), Ports Victoria may—
(a)amend or remove any condition of the renewed mooring service licence; or
(b)impose a new condition on the renewed mooring service licence.
(4)A renewed mooring service licence—
(a)takes effect on the day the renewed mooring service licence is issued; and
(b)remains in effect for the period of 5 years commencing on the day the licence takes effect unless suspended, cancelled or surrendered.
(5)Ports Victoria must give the licence holder written notice of the decision made under subsection (1) as soon as practicable after making the decision that—
(a)includes a statement of reasons for the decision; and
(b)sets out details regarding any changes made by Ports Victoria under subsection (3); and
(c)informs the licence holder that they have a right to seek review of the decision under Division 9.
(6)In this section—
applicable mooring service determination, in relation to an application for renewal of a mooring service licence, means the mooring service determination that applies to the commercial trading port in which the mooring service is proposed to be provided under the renewed licence.
73ZZEMooring service licence may be renewed more than once
A mooring service licence may be renewed under this Division more than once.
Division 6—Amendment of mooring service licence conditions
73ZZFPorts Victoria may amend mooring service licence conditions
(1)Ports Victoria, on Ports Victoria's own initiative, or on the written application of the licence holder, may—
(a)amend or remove a condition of a mooring service licence; or
(b)impose a new condition on a mooring service licence.
(2)Ports Victoria must, before taking action under subsection (1) on its own initiative—
(a)give the licence holder written notice of the action that Ports Victoria proposes to take and of the reasons for taking it; and
(b)allow the licence holder to make written representations about the proposed action within 10 business days after being notified of it (or any other period agreed between Ports Victoria and the licence holder).
(3)Ports Victoria must give the licence holder written notice of the action taken under subsection (1) as soon as practicable after taking the action.
(4)A notice under subsection (3) must—
(a)include a statement of reasons for the action taken; and
(b)inform the licence holder that they have a right to seek review of the decision of Ports Victoria to take the action under Division 9.
Division 7—Surrender of mooring service licence
73ZZGSurrender
A licence holder may surrender their mooring service licence to Ports Victoria.
Division 8—Disciplinary action
73ZZHWhen Ports Victoria may take disciplinary action against a mooring service licence holder
Ports Victoria may take disciplinary action under this Division against the licence holder of a mooring service licence if Ports Victoria has reason to believe that—
(a)the licence holder has contravened or is contravening a condition imposed on the mooring service licence they hold; or
(b)the licence holder has contravened or is contravening this Part; or
(c)the mooring service licence held by the licence holder was obtained because of false or misleading information given as part of, or in relation to, the application for the licence.
73ZZIDisciplinary actions that may be taken in relation to mooring service licence holder
Subject to this Division, Ports Victoria may take the following actions (disciplinary actions) in relation to the licence holder of a mooring service licence—
(a)cancel the mooring service licence held by the licence holder;
(b)suspend the mooring service licence held by the licence holder—
(i)for a period determined by Ports Victoria; or
(ii)until an event determined by Ports Victoria occurs.
73ZZJProcedure for taking disciplinary action—show cause notice
(1)This section applies if Ports Victoria proposes to take disciplinary action against a licence holder under this Division.
(2)Ports Victoria must serve on the licence holder a notice (a show cause notice) that—
(a)specifies the proposed disciplinary action (including, if the action is a suspension, the matters set out in section 73ZZI(b)(i) or (ii), as the case requires); and
(b)specifies the grounds for the proposed disciplinary action; and
(c)contains an outline of the facts and circumstances forming the basis for the grounds for the proposed disciplinary action; and
(d)invites the licence holder to make a written submission within a specified period as to why the proposed disciplinary action should not be taken; and
(e)states the consequences for the licence holder of not responding to the notice.
(3)For the purposes of subsection (2)(d), the period specified in the show cause notice must be a period of at least 20 business days after the day on which the show cause notice is served on the licence holder.
73ZZKPorts Victoria may extend time for making submissions in relation to show cause notices
(1)A licence holder served a show cause notice under section 73ZZJ may request Ports Victoria to extend the time within which the holder may make a submission under a notice under that section.
(2)A request must be in writing and set out the reasons for the request.
(3)On receiving a request, Ports Victoria, by written notice served on the licence holder, may extend the time within which the holder may make the submission.
(4)A notice under subsection (3) must state the new date by which the licence holder may make the submission.
73ZZLDecision on taking disciplinary action
(1)If Ports Victoria is satisfied that grounds for taking disciplinary action against a licence holder have been established, it may take—
(a)any disciplinary action specified in the show cause notice; or
(b)disciplinary action that is less severe.
(2)In deciding whether to take disciplinary action, Ports Victoria must consider any submission made to it by the licence holder in accordance with the show cause notice served on the licence holder.
(3)Ports Victoria must, as soon as practicable, serve written notice on the licence holder of the decision with respect to taking, or not taking, disciplinary action.
(4)If the decision is to take disciplinary action, the written notice must set out—
(a)the disciplinary action being taken; and
(b)the reasons for the decision; and
(c)the date on which any cancellation or suspension takes effect; and
(d)in the case of a suspension, the period of the suspension or the event on which the ending of the suspension is contingent; and
(e)the right of the licence holder to seek review of the decision under Division 9.
(5)The date set out in a notice under subsection (4) must not be earlier than 5 business days after the day on which the notice under subsection (3) is served.
73ZZMEffect of suspension of mooring service licence
(1)This section applies if a person's mooring service licence is suspended under this Division.
(2)During the period of the suspension of the mooring service licence—
(a)the mooring service licence is taken not to be in effect; and
(b)the person is taken not to be a licence holder; and
(c)the person is disqualified from applying for a mooring service licence.
Division 9—Internal and VCAT review of decisions
73ZZNReviewable decisions
(1)The following Table sets out—
(a)decisions made under this Part that are reviewable in accordance with this Part (reviewable decisions); and
(b)who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision).
Table
Item
Provision under which reviewable decision is madeEligible person in relation to reviewable decision 1 Section 73ZY(1)(b) (refusal of application for mooring service licence) Applicant for mooring service licence 2 Section 73ZZ (imposition of condition on mooring service licence) Licence holder 3 Section 73ZZD(1)(b) (refusal of application for renewal of mooring service licence) Licence holder 4 Section 73ZZD(3)(a) (amendment or removal of condition of renewed mooring service licence) Licence holder 5 Section 73ZZD(3)(b) (imposition of new condition on renewed mooring service licence) Licence holder 6 Section 73ZZF(1)(a) (amendment or removal of condition of mooring service licence by Ports Victoria on own initiative) Licence holder 7 Section 73ZZF(1)(a) (refusal to amend or remove condition of mooring service licence) Licence holder 8 Section 73ZZF(1)(b) (imposition of new condition on mooring service licence by Ports Victoria on own initiative) Licence holder 9 Section 73ZZL (the taking of disciplinary action) Licence holder (2)A reviewable decision does not include a decision referred to in the Table in subsection (1) that was affirmed, varied or substituted for another decision under section 73ZZQ.
73ZZOApplication for internal review
(1)An eligible person may apply to Ports Victoria for review of a reviewable decision.
Note
Section 73ZZR provides for the review by VCAT of a reviewable decision.
(2)An application under subsection (1) must be made within—
(a)20 business days after the day on which the eligible person receives written notice of the decision; or
(b)such longer period as Ports Victoria allows.
(3)An application under subsection (1) must be made in the manner and form determined by Ports Victoria.
73ZZPPorts Victoria may stay operation of decision subject to application for internal review
(1)An application under section 73ZZO does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless Ports Victoria stays the operation of the decision pending the determination of the internal review—
(a)on Ports Victoria's own initiative; or
(b)on the application of the applicant for review.
(2)Ports Victoria must make a decision on an application for a stay within 2 business days after the making of that application.
(3)If Ports Victoria has not made a decision in accordance with subsection (2), it is taken to have made a decision to grant a stay.
(4)Ports Victoria may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate.
73ZZQDetermination of application for internal review
(1)On receiving an application made in accordance with section 73ZZO, Ports Victoria must make a fresh decision—
(a)that affirms or varies the reviewable decision; or
(b)that sets aside the reviewable decision and substitutes another decision that it considers appropriate.
(2)Ports Victoria must give a written notice (a decision notice) to the applicant setting out—
(a)the decision of Ports Victoria under subsection (1) and the reasons for the decision; and
(b)the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.
(3)Ports Victoria must give a decision notice to the applicant within 20 business days after the application is made.
(4)If Ports Victoria does not comply with subsection (3), Ports Victoria is taken to have made a decision to affirm the reviewable decision.
73ZZRReview of Ports Victoria decisions by VCAT
(1)An eligible person may apply to VCAT for review of a decision referred to in the Table in section 73ZZN(1) made by Ports Victoria under section 73ZZQ or otherwise.
(2)An application under subsection (1) must be made within 28 days after the later of—
(a)the day on which the eligible person receives notice of the decision; or
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
Division 10—Register
73ZZSRegister of holders of mooring service licences
(1)Ports Victoria must keep and maintain a register of every holder of a mooring service licence.
(2)The register kept under subsection (1) must set out—
(a)the name and address of each holder of a mooring service licence; and
(b)the date of issue of each mooring service licence held by a holder of a mooring service licence; and
(c)any other information that Ports Victoria determines should be included in the register.".
Division 3—Miscellaneous amendments
44Definitions
In section 3(1) of the Port Management Act 1995 insert the following definition—
"business day means a day other than—
(a)a Saturday or Sunday; or
(b)a day appointed under the Public Holidays Act 1993 as a public holiday or public half-holiday throughout the whole of Victoria;".
45Definitions in Part 4A
In section 73A of the Port Management Act 1995, the definition of business day is repealed.
46Definitions in Part 4B
In section 73ZC of the Port Management Act 1995, the definition of business day is repealed.
47Statute law revision
In section 88M(1A) of the Port Management Act 1995, for "hazardous activity" substitute "hazardous port activity".
PART 5—AMENDMENT OF MARINE SAFETY ACT 2010
Division 1—Amendments relating to removal or disposal of abandoned things
48Heading to Division 2 of Part 5.5 substituted
For the heading to Division 2 of Part 5.5 of the Marine Safety Act 2010 substitute—
"Division 2—Abandoned things and unattended things".
49New section 219AA inserted
Before section 219A of the Marine Safety Act 2010 insert—
219AAAbandoned things"
(1)For the purposes of this Division, a waterway manager may determine that a thing (including a vessel or other item) is an abandoned thing if the thing has been left in waters under the control of the waterway manager for more than one month and—
(a)the waterway manager cannot establish both the identity and location of the owner of the thing despite making all reasonable enquiries; or
(b)the waterway manager has identified the owner and—
(i)reasonably believes that the owner of the thing will not move the thing; or
(ii)has served written notice on the owner of the thing stating that the thing must be moved before a date specified in the notice (being a date not less than 14 days after the day on which the notice is served on the owner), and the thing has not been moved by that date.
(2)A notice under subsection (1)(b)(ii) may be served on an owner in or outside Victoria—
(a)personally or by sending it by post addressed to the owner at the usual or last known place of residence or business of that owner; or
(b)by sending it to a fax number or email address or by any other form of electronic communication nominated by the owner; or
(c)by sending it to the owner at an authorised address within the meaning of section 163A of the Infringements Act 2006.
(3)A notice under subsection (1)(b)(ii) served in accordance with subsection (2)(c) and returned undelivered to its sender is taken to have been served 7 days after the date specified in the notice as the date of the notice, despite it being returned to the sender as undelivered.
(4)Subsection (3) has effect despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984.".
50Section 219A substituted
For section 219A of the Marine Safety Act 2010 substitute—
219ARemoval of things"
(1)A waterway manager may move any thing or cause any thing to be moved from waters under the control of the waterway manager if the waterway manager has determined that the thing is an abandoned thing in accordance with section 219AA.
(2)A waterway manager may immediately remove a thing from waters under the control of the waterway manager if—
(a)the waterway manager is of the opinion that the thing has been left unattended in or on those waters and—
(i)is causing an impediment to the use of those waters; or
(ii)is causing an environmental hazard to those waters; or
(iii)is a risk to the safety or security of those waters; or
(iv)is a danger to public health; and
(b)the waterway manager—
(i)cannot establish both the identity and location of the owner of the thing; or
(ii)reasonably believes that the owner will not move the thing.
(3)A waterway manager when moving a thing under this section must move it to a place that the waterway manager reasonably believes is the nearest safe and convenient place.".
51Section 219B substituted
For section 219B of the Marine Safety Act 2010 substitute—
219BPowers in relation to moving or disposing of things"
A person acting on behalf of a waterway manager may enter a vehicle or vessel using, if necessary, reasonable force, for the purpose of—
(a)conveniently or expeditiously moving the vehicle or vessel in accordance with section 219A(1) or (2); or
(b)facilitating the sale or disposal of the vehicle or vessel in accordance with section 219D.".
52Requirement to make enquiries as to owner of thing
In section 219C of the Marine Safety Act 2010—
(a)for "219A(1) or (2)" substitute "219A(2)";
(b)for "the identity or location" substitute "both the identity and the location".
53Disposal of thing
(1)For section 219D(1) of the Marine Safety Act 2010 substitute—
"(1)A waterway manager may dispose of a thing by gift, sale or destruction of the thing or by otherwise dealing with the thing if the waterway manager—
(a)has determined that the thing is an abandoned thing under section 219AA(1) or has moved the thing under section 219A(2); and
(b)is unable to establish both the identity and location of the owner of the thing after reasonable enquiries.".
(2)For section 219D(4) of the Marine Safety Act 2010 substitute—
"(4)If a waterway manager establishes both the identity and location of the owner of a thing that the waterway manager has determined is an abandoned thing under section 219AA(1) or that has been moved under section 219A(2), the waterway manager must give the owner notice in writing that the waterway manager intends to dispose of the thing.".
(3)After section 219D(5) of the Marine Safety Act 2010 insert—
"(5A)A person to whom the waterway manager gives or sells a thing under subsection (1) or (5) obtains good title to that thing.".
(4)For section 219D(6) of the Marine Safety Act 2010 substitute—
"(6)Despite subsections (4) and (5), if the thing is a perishable item, the waterway manager is not required to give notice to the owner of the thing before disposing of the thing.".
54Recovery of costs
For section 219E(1) of the Marine Safety Act 2010 substitute—
"(1)The waterway manager may recover any costs incurred in dealing with a thing under section 219A, 219B or 219D from the owner of the thing, including any costs incurred in the course of—
(a)moving, storing or disposing of the thing; or
(b)returning the thing to its owner.".
55Section 219F substituted
For section 219F of the Marine Safety Act 2010 substitute—
"219F Application of proceeds of sale and compensation
(1)Subject to section 219G, a waterway manager who sells a thing in accordance with section 219D must apply the proceeds of sale in the following order of priority—
(a)to pay the costs of the sale, including any costs of moving or storing the thing;
(b)to discharge any security interest over the thing, such as a bank loan or a lease arrangement, that existed immediately before the thing—
(i)was determined by the waterway manager to be an abandoned thing under section 219AA(1); or
(ii)was moved under section 219A(2);
(c)to pay any outstanding fees the owner of the thing owes to the waterway manager;
(d)to pay to the owner of the thing and to any other person with an interest in the thing (other than a person with a security interest referred to in paragraph (b)) an amount referred to in subsection (3).
(2)If a person with a security interest over the thing is unable to recover possession of the thing because the thing has been sold under this Division, a waterway manager must pay to the person an amount commensurate with the value of the person's interest in the thing from the proceeds of the sale, after the amounts referred to in subsection (1)(a) have been paid.
(3)If the owner of a thing is unable to recover possession of the thing because the thing has been sold under this Division, a waterway manager must pay to the owner and to any other person with an interest in the thing (other than a person with a security interest referred to in subsection (1)(b)) an amount commensurate with the value of the owner's or person's interest in the thing from the proceeds of the sale, after the amounts referred to in subsection (1)(a), (b) and (c) have been paid.
(4)The owner or other person with an interest in a thing disposed of under this Division is not entitled to any payments under this section—
(a)if the thing is disposed of other than by sale; or
(b)if the thing is disposed of by sale and there are no net proceeds remaining after the amounts referred to in—
(i)subsection (1)(a), (b) and (c) have been paid, in the case of the owner or a person with an interest other than a security interest in the thing; or
(ii)subsection (1)(a) have been paid, in the case of the person with a security interest in the thing.
(5)A person with an interest in a thing that has been disposed of under this Division may make an application to the Magistrates' Court for an order that compensation be paid in accordance with subsection (2) or (3) (as the case requires) and the Court may make either or both of the following orders, where appropriate—
(a)an order that compensation be paid to that person commensurate with the value of the person's interest in the thing, less the amounts referred to in—
(i)subsection (1)(a), in the case of a person with a security interest in the thing; or
(ii)subsection (1)(a), (b) and (c), in the case of the owner or a person with an interest other than a security interest in the thing;
(b)an order that the waterway manager may retain the following out of the proceeds of the sale of the thing—
(i)the costs incurred by the waterway manager in storing, moving or disposing of the thing under this Division;
(ii)any outstanding fees owed by the owner of the thing to the waterway manager.
(6)An application under subsection (5) must be made within 12 months of the date of the disposal of the thing.
(7)Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to an interest arising out of the operation of this Division.".
Division 2—Miscellaneous amendments
56Sale or disposal of uncollected recreational vessels and items
After section 144(3) of the Marine Safety Act 2010 insert—
"(4)A person to whom the Chief Commissioner of Police gives or sells a recreational vessel or any item or thing left in or on the recreational vessel under subsection (1) obtains good title to that vessel, item or thing.".
57Sale or disposal of recreational vessel subject to forfeiture order
After section 145(2) of the Marine Safety Act 2010 insert—
"(3)A person to whom the Chief Commissioner of Police gives or sells a recreational vessel or any item or thing left in or on the recreational vessel under subsection (1) obtains good title to that vessel, item or thing.".
58Disposal of recreational vessel, item or thing subject to disposal order
After section 147(2) of the Marine Safety Act 2010 insert—
"(3)A person to whom the Chief Commissioner of Police gives or sells a recreational vessel or any item or thing left in or on the recreational vessel under subsection (1) obtains good title to that vessel, item or thing.".
59Protection from liability
After section 238(2) of the Marine Safety Act 2010 insert—
"(3)To avoid doubt, the liability referred to in subsection (2) does not attach to a port management body, local port manager or waterway manager who—
(a)did not directly engage the harbour master; and
(b)received the services of the harbour master from another port management body, local port manager or waterway manager.".
60Definitions in Part 8.8A
In section 298A of the Marine Safety Act 2010, in the definition of law enforcement agency—
(a)after paragraph (a) insert—
"(ab)Ports Victoria; or
(ac)a local port manager or waterway manager; or";
(b)in paragraph (b) omit "other" (where first occurring).
PART 6—AMENDMENT OF MARINE (DRUG, ALCOHOL AND POLLUTION CONTROL) ACT 1988
61Definitions
In section 3(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988, in the definition of approved health professional—
(a)in paragraph (a)(ii), for "profession;" substitute "profession; or";
(b)in paragraph (b), for "Part 4;" substitute "Part 4; or";
(c)after paragraph (b) insert—
"(c)a person or a member of a class of person prescribed by the regulations;".
62Prevention of pollution caused by escape of oil
(1)In section 47(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988—
(a)the definitions of adjusted net tonnage and tonnage factor are repealed;
(b)in paragraph (c) of the definition of third party, for "tanker;" substitute "tanker.".
(2)After section 47(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 insert—
"(1A)This section applies in circumstances where oil enters State waters after escaping from a tanker inside or outside State waters.".
(3)In section 47(3) of the Marine (Drug, Alcohol and Pollution Control) Act 1988—
(a)in paragraph (c), for "oil—" substitute "oil.";
(b)omit "but, if the oil escaped without the fault or privity of the owner, the owner is liable only to the extent that the total of those amounts does not exceed the maximum liability applicable to the tanker under subsection (6) in relation to that incident.".
(4)Section 47(6) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 is repealed.
(5)For section 47(7) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute—
"(7)For the purposes of this section, if—
(a)oil escapes 2 or more tankers and it is not reasonably practicable to identify the oil that has escaped from a particular tanker; and
(b)the damage caused by the pollution is not a result of any owner's intentional or reckless act or omission—
all of the oil is taken to have escaped from each of those tankers.
(8)Despite subsection (7), the Crown is not entitled to recover from the owners of those tankers amounts that in aggregate exceed the total amount of the expenses and liabilities incurred by the Minister in the exercise of the Minister's powers under subsection (2) in relation to the oil.".
63Section 71AA amended
(1)For the heading to section 71AA of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute—
"Definitions".
(2)In section 71AA of the Marine (Drug, Alcohol and Pollution Control) Act 1988 insert the following definitions—
"maritime facility means a wharf, berth or mooring at which a vessel can be tied up during the process of loading or unloading cargo or passengers;
maritime source means any of the following—
(a)a vessel;
(b)a maritime facility;
(c)an oil terminal;
(d)a chemical terminal;
(e)an offshore petroleum facility;
offshore petroleum facility means a facility operating in accordance with the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth and the Offshore Petroleum and Greenhouse Gas Storage Act 2010;
place on land has the same meaning as in Part 5;
prohibited discharge has the same meaning as in Part 5;".
64Functions of the Secretary
(1)In section 71A(1)(c) of the Marine (Drug, Alcohol and Pollution Control) Act 1988, for "occurring" substitute "originating from a maritime source, where the incident is".
(2)After section 71A(1)(c) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 insert—
"(ca)if requested, to take action to support other entities to deal with marine pollution incidents that do not originate from a maritime source; and
(cb)to take action to prevent and deal with prohibited discharges from any place on land; and".
PART 7—AMENDMENT OF TRANSPORT (SAFETY SCHEMES COMPLIANCE AND ENFORCEMENT) ACT 2014
65Section 1 substituted
For section 1 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 substitute—
"1 Purposes
The purposes of this Act are to—
(a)provide a scheme for the enforcement of transport system safety legislation; and
(b)facilitate independent investigations of transport safety matters by the Chief Investigator, Transport Safety.".
66Definitions
In section 3 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014—
(a)in the definition of residential premises, after "premises," (where twice occurring) insert "rolling stock,";
(b)for the definition of road vehicle substitute—
"road vehicle means any vehicle propelled by any form of motive power but does not include—
(a)a bus; or
(b)rolling stock;";
(c)for the definition of searchable premises substitute—
"searchable premises means—
(a)bus premises or marine premises or other premises entered by a transport safety officer under Part 2; or
(b)public transport premises or marine premises or other premises entered by the Chief Investigator under Part 2A;";
(d)insert the following definitions—
"Chief Investigator, Transport Safety or Chief Investigator means Chief Investigator, Transport Safety within the meaning of the Transport Integration Act 2010;
(i)a person who operates a commercial bus service (within the meaning of section 3(1) of the Bus Safety Act 2009); or
(ii)a person who manages any rail infrastructure or who provides, or operates, any rolling stock; or
(iii)a person who undertakes rail safety work; or
(b)is involved with the operation of vessels.
49ZZGChief Investigator may ask Commonwealth agency to investigate accident or incident
The Chief Investigator may ask the Australian Transport Safety Bureau established under section 12 of the Transport Safety Investigation Act 2003 of the Commonwealth to investigate any accident or incident that has occurred in Victoria that is a public transport safety matter or a marine safety matter.".
71Reviewable decisions
After item 1 in the Table in section 99(2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 insert—
"1A Section 49ZE (forfeiture of seized things) The person entitled to the thing.". 72Review by Safe Transport Victoria
Before section 100(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 insert—
"(1AA)This section applies to a reviewable decision other than a decision made by the Chief Investigator, Transport Safety under section 49ZE.".
73New sections 101A and 101B inserted
After section 101 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 insert—
"101A Review by Chief Investigator, Transport Safety
(1)An eligible person may apply to the Chief Investigator, Transport Safety for a review of a reviewable decision made under section 49ZE.
(2)The Chief Investigator may appoint a person to review decisions on application under subsection (1) (who must not be the person who made the decision the subject of the review).
(3)An application under subsection (1) must be made—
(a)within 28 days after the decision was made; and
(b)in the form approved (in writing) by the Chief Investigator.
(4)If an application is made to the Chief Investigator in accordance with this section, the Chief Investigator may make a decision—
(a)to affirm or vary the reviewable decision; or
(b)to set aside the reviewable decision and substitute another decision that the Chief Investigator considers appropriate.
(5)An application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the Chief Investigator, on the Chief Investigator's own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the review.
(6)The Chief Investigator must make a decision on an application for a stay by the end of the next business day following the day on which the application is made.
(7)If the Chief Investigator has not made a decision in accordance with subsection (5), the Chief Investigator is taken to have made a decision to grant a stay.
(8)The Chief Investigator may attach any conditions to a stay of the operation of a reviewable decision that the Chief Investigator considers appropriate.
101BNotification of decision of Chief Investigator, Transport Safety
(1)The Chief Investigator, Transport Safety must give a written notice to the applicant setting out—
(a)the Chief Investigator's decision under section 101A(4) and the reasons for the decision; and
(b)the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.
(2)A notice under subsection (1) must be given within 14 days after the application is made.
(3)If the Chief Investigator has not notified an applicant of a decision in accordance with subsection (1), the Chief Investigator is taken to have made a decision to affirm the reviewable decision.".
74Review by VCAT
In section 102(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014—
(a)in paragraph (a), after "Victoria" insert "or the Chief Investigator, Transport Safety";
(b)in paragraph (b), for "—" substitute "; or";
(c)after paragraph (b) insert—
"(c)a decision made, or taken to have been made, by the Chief Investigator under section 101A in respect of a reviewable decision (including a decision concerning a stay of the operation of the reviewable decision)—".
75Offence to give false or misleading information
In section 103(4) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "41 or 43" substitute "41, 43, 49ZM or 49ZN".
76Criminal liability of officers of bodies corporate—failure to exercise due diligence
After section 104(2)(d) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 insert—
"(da)section 49D(2);
(db)section 49R(5);
(dc)section 49ZA(4);
(dd)section 49ZN(2);".
77Evidentiary certificates—this Act or transport safety laws
(1)In section 107(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, after "this Act" (wherever occurring) insert "(other than Part 2A)".
(2)After section 107(1) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 insert—
"(1A)In a proceeding for an offence against Part 2A, a certificate signed, or purporting to be signed, by the Chief Investigator stating any of the following matters is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated—
(a)a stated document is one of the following things made, given, served or issued under this Act—
(i)a notice or notification under section 49B, 49C, 49S, 49ZA, 49ZE, 49ZI or 101B;
(ii)a direction under section 49E, 49F, 49M, 49R, 49ZB, 49ZN or 49ZO;
(iii)a requirement under section 49ZM;
(iv)a warning under section 49U;
(b)a stated document is a copy of a thing referred to in paragraph (a).".
78Adverse publicity order
In section 112(2)(a)(ii) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "specified person or specified class of persons" substitute "person or class of person specified in the order".
79Service of documents
In section 131(1) of Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "or a transport safety law" substitute "or a transport safety or infrastructure law".
80Regulations
In section 132(3)(c) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, for "specified person or a specified class of person" substitute "person or class of person specified in the regulations".
81New Part 9 inserted
After Part 8 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 insert—
"PART 9—TRANSITIONAL AND SAVINGS PROVISIONS
133Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025—Active investigations of the Chief Investigator, Transport Safety
(1)This section applies if the Chief Investigator has not completed an investigation into a transport safety matter (an active investigation) immediately before the commencement day.
Note
See section 182 of the Transport Integration Act 2010.
(2)On and after the commencement day, Part 2A applies to an active investigation.
(3)In addition, and without limiting section 16 of the Interpretation of Legislation Act 1984, anything done under Part V of the Transport (Compliance and Miscellaneous) Act 1983 before the commencement day for the purposes of, or in relation to, an active investigation is, on that day, taken to have been done under Part 2A.
(4)In this section—
commencement day means the day on which Part 7 of the Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025 comes into operation;
transport safety matter has the same meaning as in the Transport Integration Act 2010.".
PART 8—AMENDMENT OF TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983
82Definitions
In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983—
(a)the definitions of accredited bus operator, Chief Investigator, Transport Safety, mandatory bus safety decision, mandatory marine safety decision, marine safety matter and public transport safety matter are repealed;
(b)for the definition of transport safety officer substitute—
"transport safety officer has the same meaning as it has in section 3 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;".
83Part V repealed
Part V of the Transport (Compliance and Miscellaneous) Act 1983 is repealed.
84Definitions in Part VIIA
In section 230K of the Transport (Compliance and Miscellaneous) Act 1983—
(a)in the definition of Hazardous port activity provision, for "Port Services Act 1995" substitute "Port Management Act 1995";
(b)in the definition of port safety infringement law—
(i)in paragraph (a), for "Port Services Act 1995" substitute "Port Management Act 1995";
(ii)in paragraph (b), for "98(1)(ca)" substitute "98(1)(cb)".
PART 9—AMENDMENT OF TRANSPORT INTEGRATION ACT 2010
Division 1—Employment of executives
85Chief Executive
In section 115H(2)(a) of the Transport Integration Act 2010, after "full-time" insert "or part-time".
86Chief executive officer and other employees
In section 147(2) of the Transport Integration Act 2010, after "full-time" insert "or part-time".
87Chief executive officer of V/Line Corporation
In section 151A(2) of the Transport Integration Act 2010, after "full-time" insert "or part-time".
Division 2—Appointment of acting chief executive officer of V/Line Corporation
88Acting chief executive officer of V/Line Corporation
After section 151B(1) of the Transport Integration Act 2010 insert—
"(1A)Despite subsection (1), the Minister is not required to consult the Treasurer before appointing a person to act in the place of the chief executive officer under this section, if the person's appointment will be for a period not exceeding 4 weeks.".
Division 3—FOI requests related to investigation materials
89Section 178B amended
(1)For the heading to section 178B of the Transport Integration Act 2010 substitute—
"Definitions".
(2)In section 178B of the Transport Integration Act 2010 insert the following definition—
"document has the same meaning as in the Freedom of Information Act 1982;".
90New section 197AA inserted
After section 197 of the Transport Integration Act 2010 insert—
"197AA Exemption from Freedom of Information Act 1982
The Freedom of Information Act 1982 does not apply to a document that is in the possession of the Chief Investigator, Transport Safety, a delegate or agent of the Chief Investigator, Transport Safety or a person employed under section 192, to the extent to which—
(a)the document was obtained, received or created as part of an investigation into a public transport safety matter or a marine safety matter under this Part or Part 2A of the Transport (Safety Schemes Compliance and Enforcement) Act 2014; or
(b)the document is an incident report or complaint made in relation to a public transport safety matter or a marine safety matter, including a report made under section 49ZZF of the Transport (Safety Schemes Compliance and Enforcement) Act 2014; or
(c)the document—
(i)was acquired by the Chief Investigator as part of an investigation into a public transport safety matter or a marine safety matter; and
(ii)is obtained by any person authorised under section 49ZZE of the Transport (Safety Schemes Compliance and Enforcement) Act 2014.".
Division 4—Chief Investigator, Transport Safety
91Power to investigate
At the foot of section 182 of the Transport Integration Act 2010 insert—
"Note
See also Part 2A of the Transport (Safety Schemes Compliance and Enforcement) Act 2014.".
92Delegation by the Chief Investigator, Transport Safety
In section 183(1) of the Transport Integration Act 2010, for "Transport (Compliance and Miscellaneous) Act 1983" substitute "Transport (Safety Schemes Compliance and Enforcement) Act 2014".
Division 5—Other amendments
93Definitions
In section 3 of the Transport Integration Act 2010—
(a)for the definition of mandatory bus safety decision substitute—
"mandatory bus safety decision means—
(a)a decision of Safe Transport Victoria under the Bus Safety Act 2009 whether to—
(i)accredit or refuse to accredit an operator of a bus service within the meaning of the Bus Safety Act 2009; or
(ii)impose, vary or revoke a condition on an accreditation of an accredited bus operator; or
(iii)vary an accreditation of an accredited bus operator; or
(b)a decision of Safe Transport Victoria or a transport safety officer to—
(i)serve an improvement notice; or
(ii)amend an improvement notice under section 54 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014; or
(c)a decision of Safe Transport Victoria or a transport safety officer to—
(i)serve a prohibition notice; or
(ii)amend a prohibition notice under section 64 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;";
(b)for the definition of mandatory marine safety decision substitute—
"mandatory marine safety decision means—
(a)a decision of Safe Transport Victoria under the Marine Safety Act 2010 to determine—
(i)standards for navigation aids; or
(ii)standards for dredging and channel maintenance; or
(b)a decision of Safe Transport Victoria or a transport safety officer to—
(i)serve an improvement notice; or
(ii)amend an improvement notice under section 54 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014; or
(iii)serve a prohibition notice; or
(iv)amend a prohibition notice under section 64 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;";
(c)for the definition of transport safety officer substitute—
"transport safety officer has the same meaning as it has in section 3 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;";
(d)paragraph (u) of the definition of transport body is repealed;
(e)insert the following definition—
"accredited bus operator has the same meaning as it has in section 3(1) of the Bus Safety Act 2009;".
94Application
In section 142A of the Transport Integration Act 2010 omit "Transport".
95Transport Corporation not to make loans to directors
In section 155(1) and (2) of the Transport Integration Act 2010, for "V/Line Transport" substitute "V/Line".
96Indemnity
In section 157 of the Transport Integration Act 2010, for "V/Line Transport" substitute "V/Line".
PART 10—AMENDMENT OF OTHER ACTS
Division 1—Accident Towing Services Act 2007
97Issue of certificate of accreditation
In section 76(1)(b)(vii) of the Accident Towing Services Act 2007, for "VicRoads" substitute "the Secretary".
98Notification and reasons to be given if accreditation refused
In section 110(3) of the Accident Towing Services Act 2007, for "VicRoads" substitute "the Secretary".
Division 2—Crimes Act 1958
99Culpable driving causing death
In section 318(6) of the Crimes Act 1958, for "Marine Act 1988" substitute "Marine (Drug, Alcohol and Pollution Control) Act 1988".
Division 3—Environment Protection Act 2017
100Certificate concerning ownership of vehicle or vessel
In section 338(a) of the Environment Protection Act 2017, for "Roads Corporation" substitute "Secretary to the Department of Transport and Planning".
Division 4—Fines Reform Act 2014
101Application of Part
(1)In section 31(2)(e) of the Fines Reform Act 2014, for "1995." substitute "1995;".
(2)After section 31(2)(e) of the Fines Reform Act 2014 insert—
"(f)section 52 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;
(g)section 90 of the North East Link Act 2020.".
Division 5—Local Government Act 1989
102Powers of Councils over traffic
In the example at the foot of section 207 of the Local Government Act 1989, for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria".
Division 6—North East Link Act 2020
103Chief executive officer
In section 27(2) of the North East Link Act 2020, after "full-time" insert "or part-time".
Division 7—Rail Safety National Law Application Act 2013
104Definitions in Part 4A
In section 48A of the Rail Safety National Law Application Act 2013, in the definition of approved health professional—
(a)in paragraph (a)(ii), for "profession;" substitute "profession; or";
(b)in paragraph (b), for "Part;" substitute "Part; or";
(c)after paragraph (b) insert—
"(c)a person or a member of a class of person prescribed by the regulations;".
Division 8—Sentencing Act 1991
105Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences
In note 1 at the foot of section 89 of the Sentencing Act 1991, for "change" substitute "charge".
Division 9—Amendments updating Department references
106Amendments updating Department references
An Act specified in the heading to an item in Schedule 1 is amended, on the commencement of that item, or provision of that item, as set out in the item or provision.
PART 11—REPEAL OF THIS ACT
107Repeal of this Act
This Act is repealed on 1 May 2027.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
SCHEDULE 1—AMENDMENTS UPDATING DEPARTMENT REFERENCES
Section 106
1Aboriginal Heritage Act 2006
In section 4(1), in paragraph (b) of the definition of public land manager, for "Environment, Land, Water and Planning" substitute "Energy, Environment and Climate Action".
2Accident Towing Services Act 2007
2.1In section 3(1)—
(a)in the definition of Department, after "Transport" insert "and Planning";
(b)in the definition of Secretary omit "of Transport".
2.2In section 3(5), for "Transport, Planning and Local Infrastructure" substitute "Transport and Planning".
3Australian Consumer Law and Fair Trading Act 2012
In section 64(1) and (3), after "Transport" insert "and Planning".
4Business Franchise (Petroleum Products) Act 1979
In section 13(6)(c), after "Transport" insert "and Planning".
5Bus Safety Act 2009
In section 3(1), in the definition of Department, after "Transport" insert "and Planning".
6Bus Services Act 1995
In section 3(1), in the definition of Secretary, after "Transport" insert "and Planning".
7Children, Youth and Families Act 2005
In section 25(2), for "Sustainability and Environment" substitute "Energy, Environment and Climate Action".
8Commercial Passenger Vehicle Industry Act 2017
In section 3, in the definition of Department, after "Transport" insert "and Planning".
9Criminal Procedure Act 2009
In items 36 and 37 of Schedule 3, after "Transport" insert "and Planning".
10Dangerous Goods Act 1985
10.1In section 10B(5)(a), after "Transport" insert "and Planning".
10.2In section 41(3), after "Transport" insert "and Planning".
11Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016
In section 40(1) and (2), after "Transport" insert "and Planning".
12Duties Act 2000
In section 47A(1)(b), after "Transport" insert "and Planning".
13EastLink Project Act 2004
In section 3(1), in the definition of Transport Secretary, after "Transport" insert "and Planning".
14Electricity Safety Act 1998
In section 87(5)(a), after "of Transport" insert "and Planning".
15Emergency Management Act 2013
In section 74I(2A)(b), after "of Transport" insert "and Planning".
16Fines Reform Act 2014
In section 3, in the definition of Transport Secretary, after "Transport" insert "and Planning".
17Forests Act 1958
In section 3A(2)(b), for "Environment and Primary Industries" substitute "Energy, Environment and Climate Action".
18Graffiti Prevention Act 2007
In section 25(2A)(a), for "Transport, Planning and Local Infrastructure" substitute "Transport and Planning".
19Great Ocean Road and Environs Protection Act 2020
19.1In section 3, in the definition of Department, for "Environment, Land, Water and Planning" substitute "Energy, Environment and Climate Action".
19.2In section 62R, after "of Transport" insert "and Planning".
20Heavy Vehicle National Law Application Act 2013
In section 3(1), in the definition of Secretary, after "Transport" insert "and Planning".
21Housing Act 1983
In Schedule 5—
(a)in clause 7, after "Transport" insert "and Planning";
(b)in clause 8(2), after "Transport" insert "and Planning".
22Impounding of Livestock Act 1994
22.1In section 3(1), in the definition of authorised officer of the Department of Transport—
(a)after "Transport" insert "and Planning";
(b)after "Transport" insert "and Planning".
22.2In section 3(2)—
(a)after "Department of Transport" insert "and Planning";
(b)after "Transport" insert "and Planning".
22.3In section 5(2)(c), after "Transport" insert "and Planning".
22.4In the heading to section 13, after "Transport" insert "and Planning".
22.5In section 13, after "Transport" insert "and Planning".
22.6In section 17(2)(d), after "Transport" insert "and Planning".
22.7In section 31, after "Transport" insert "and Planning".
23Local Government Act 1989
23.1In section 208(1), after "of Transport" insert "and Planning".
23.2In clause 4(2)(a) of Schedule 10, for "Sustainability and Environment" substitute "Energy, Environment and Climate Action".
24Marine and Coastal Act 2018
In section 3, in the definition of Department, for "Environment, Land, Water and Planning" substitute "Energy, Environment and Climate Action".
25Marine (Drug, Alcohol and Pollution Control) Act 1988
In section 3(1), in the definition of Department, for "Transport, Planning and Local Infrastructure" substitute "Transport and Planning".
26Marine Safety Act 2010
26.1In section 3(1) insert the following definition—
"Department means the Department of Transport and Planning;".
26.2In section 271H(1) omit "of Transport".
26.3In section 271H(3) omit "of Transport" (where twice occurring).
26.4In section 298C(2) omit "of Transport".
27Melbourne City Link Act 1995
27.1In section 3, in the definition of Secretary, after "Transport" insert "and Planning".
27.2In section 93AA, the definition of Secretary is repealed.
27.3In section 93AD, the definition of Secretary is repealed.
28Mineral Resources (Sustainable Development) Act 1990
In section 84AB(a), after "Transport" insert "and Planning".
29Motor Car Traders Act 1986
29.1In section 42A(1)(b), after "Transport" insert "and Planning".
29.2In section 69(3)(c), after "Transport" insert "and Planning".
29.3In section 76(1)(d), after "Transport" insert "and Planning".
30North East Link Act 2020
30.1In section 3, in the definition of Secretary, after "Transport" insert "and Planning".
30.2In section 97(1)(b), after "Transport" insert "and Planning".
31Owner Drivers and Forestry Contractors Act 2005
31.1In section 56(1)(b), after "Transport" insert "and Planning".
31.2In the note at the foot of section 56(1)(b), after "Transport" insert "and Planning".
32Planning and Environment Act 1987
32.1In section 3(1), in the definition of Department, for "Environment, Land, Water and Planning" substitute "Transport and Planning".
32.2In section 3(2), for "Transport, Planning and Local Infrastructure" substitute "Transport and Planning".
32.3In section 96Y(d)(ii), for "Transport, Planning and Local Infrastructure" substitute "Transport and Planning".
32.4In section 201R, for the definition of Secretary to the Department of Economic Development, Jobs, Transport and Resources substitute—
"Secretary to the Department of Transport and Planning means the Secretary within the meaning of the Transport Integration Act 2010;".
32.5In section 201TC(1)(b), for "Economic Development, Jobs, Transport and Resources" (wherever occurring) substitute "Transport and Planning".
32.6In section 201TF(6), for "Economic Development, Jobs, Transport and Resources" substitute "Transport and Planning".
33Port Management Act 1995
33.1In section 3(1), in the definition of Secretary, after "Transport" insert "and Planning".
33.2In section 49M(4), after "Transport" insert "and Planning".
33.3In section 93(1)(a), (c) and (d), for "Environment and Primary Industries" substitute "Transport and Planning".
34Project Development and Construction Management Act 1994
34.1In the heading to section 59, after "Transport" insert "and Planning".
34.2In section 59(1) and (2), after "Transport" insert "and Planning".
34.3In the heading to section 72, after "Transport" insert "and Planning".
34.4In section 72(1) and (2), after "of Transport" insert "and Planning".
35Rail Management Act 1996
In section 3(1), in the definition of Department, after "Transport" insert "and Planning".
36Rail Safety National Law Application Act 2013
In section 3(1), in the definition of Department, after "Transport" insert "and Planning".
37Residential Tenancies Act 1997
37.1In section 525(1) and (3), for "Planning and Community Development" substitute "Transport and Planning".
37.2In section 526(5), for "Planning and Community Development" substitute "Transport and Planning".
38Road Management Act 2004
38.1In section 3(1)—
(a)in the definition of Department, after "Transport" insert "and Planning";
(b)in the definition of Secretary omit "of Transport".
38.2In section 11(10) and (10A) omit "to the Department of Environment, Land, Water and Planning" (where twice occurring).
38.3In section 14(6), for "Environment and Primary Industries" substitute "Energy, Environment and Climate Action".
38.4In section 48H, in paragraph (b) of the definition of relevant authority, after "Transport" insert "and Planning".
38.5In clause 15(2)(d) of Schedule 5A, for "Environment and Primary Industries" substitute "Energy, Environment and Climate Action".
39Road Safety Act 1986
39.1In section 3(1)—
(a)in the definition of Department, after "Transport" insert "and Planning";
(b)in the definition of Secretary omit "of Transport".
39.2In section 87(1AF) omit "of Transport".
40Road Safety Camera Commissioner Act 2011
40.1In the heading to section 19A, after "Transport" insert "and Planning".
40.2In section 19A(1), after "Transport" insert "and Planning".
41Sentencing Act 1991
41.1In section 10AA(8), for paragraph (i) of the definition of emergency worker substitute—
"(i)a person with emergency response duties employed in the Department of Energy, Environment and Climate Action or the Department of Transport and Planning or the Department of Jobs, Skills, Industry and Regions; or".
41.2In the heading to section 87Q, after "Transport" insert "and Planning".
41.3In section 87Q, after "Transport" insert "and Planning".
41.4In note 2 at the foot of section 89, after "Transport" insert "and Planning".
41.5In note 2 at the foot of section 89A, after "Transport" insert "and Planning".
41.6In the note at the foot of section 89C, after "Transport" insert "and Planning".
42Suburban Rail Loop Act 2021
42.1In section 3, in the definition of Department, after "Transport" insert "and Planning".
42.2In section 66(2)(a) omit "of Environment, Land, Water and Planning".
43Survey Co-ordination Act 1958
In section 4, for "Environment, Land, Water and Planning" substitute "Transport and Planning".
44Surveying Act 2004
In section 3, in the definition of Department, for "Sustainability and Environment" substitute "Transport and Planning".
45Taxation Administration Act 1997
45.1In section 92(1)(e)(iib), for "Planning and Community Development" substitute "Transport and Planning".
45.2In section 92(1)(e)(ve), after "Transport" insert "and Planning".
46Tourist and Heritage Railways Act 2010
In section 3, in paragraph (b) of the definition of State entity, for "Transport, Planning and Local Infrastructure" substitute "Transport and Planning".
47Transport Accident Act 1986
47.1In section 3(1)—
(a)in the definition of Department, after "Transport" insert "and Planning";
(b)in the definition of Secretary omit "of Transport".
47.2In the heading to section 126C omit "of Transport".
47.3In section 126C(1) omit "of Transport".
48Transport (Safety Schemes Compliance and Enforcement) Act 2014
In section 3, in the definition of Department, after "Transport" insert "and Planning".
49Very Fast Train (Route Investigation) Act 1989
49.1In section 7(3)(b), for "Transport, Planning and Local Infrastructure" substitute "Transport and Planning".
49.2In section 12(1), for "Transport, Planning and Local Infrastructure" substitute "Transport and Planning".
49.3In section 21(a), for "Transport, Planning and Local Infrastructure" substitute "Transport and Planning".
50Water Act 1989
In section 216(2), for "Transport, Planning and Local Infrastructure" substitute "Transport and Planning".
51West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
51.1In section 3—
(a)in the definition of Department, after "Transport" insert "and Planning";
(b)in the definition of Secretary omit "of Transport".
51.2In section 56(1) omit "of Transport".
51.3In section 56(3) omit "of Transport".
52Workplace Injury Rehabilitation and Compensation Act 2013
52.1In the heading to section 557, after "Transport" insert "and Planning".
52.2In section 557(1), after "Transport" (where twice occurring) insert "and Planning".
52.3In item 3 of Schedule 8, after "Transport" insert "and Planning".
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 14 May 2025
Legislative Council: 19 June 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986, the Road Management Act 2004, the Port Management Act 1995, the Marine Safety Act 2010, the Marine (Drug, Alcohol and Pollution Control) Act 1988, the Transport (Safety Schemes Compliance and Enforcement) Act 2014, the Transport (Compliance and Miscellaneous) Act 1983, the Transport Integration Act 2010 and other Acts and for other purposes."
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