Transport Acts (Amendment) Act 1997 (Vic)
Transport Acts (Amendment) Act 1997
Act No. 106/1997
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2
PART 2—AMENDMENT OF TRANSPORT ACT 1983 3 Division 1—Tow Trucks 3
3. Insertion of new definition 3 4. Changes to the definitions of level 1 and 2 offences 3 5. Minor consequential amendment 4 6. Change to meaning of heavy accident towing 4 7. Further restriction on who may hold towing licence 4 8. Insertion of sections 172O–172Q 4 172O. Former licence entitlements may be re-transferred 4 172P. Self-management areas 5 172Q. Offences concerning self-management areas 6 9. Implied condition of trade towing licence 6 10. Changes concerning storage charges 7 11. Substitution of section 176A 8 176A. Obligations on repairers in respect of towed vehicles 8 176B. Authority to tow checking procedure 9 176C. Copies of noted-up forms must be given to owners etc. 10 176D. Obligations on repairers if form defective or not provided 11 176E. Repairers must keep copies of towing forms 12 176F. Owner may apply for certificate if form defective or lost 13 176G. Exceptions in relation to sections 176A–176F 14 12. Authorised drivers may enter into storage agreements at accident scenes 14 13. Vehicle may be held pending the payment of storage charges 14 14. Insertion of section 177D 15 177D. Provisions concerning damaged vehicle storage 15 15. Accident towing driver authority may be suspended 16 16. Changes concerning the Demerits Register 17 17. Exemption concerning passengers in tow trucks 19 18. Correction of incorrect reference 19
i
Section Page
19. Job number only authorises towing of 1 car 19 20. Regulation-making power concerning self-management areas 19
Division 2—Private Omnibuses and Hire and Drive Omnibuses 20
21. Repeal of provisions relating to private omnibuses 20 22. Repeal of provisions relating to hire and drive omnibuses 21 23. Driver's certificate 21 24. New Division 1A inserted in Part VIII 22 Division 1A—Transitional Provisions 22
246A. Transport Acts (Amendment) Act 1997 22
Division 3—Regulations 22
25. Recovery of cost of storing and disposing of abandoned vehicles 23
Division 4—Revocation of Reservations 23
26. New sections 253 and 253A inserted 23 253. Revocation of reservations for tramways purposes 23 253A. Revocation of part of Melbourne Park Reservation for
tramways purposes 24
27. New Schedule 9 inserted 24 PART 3—AMENDMENT OF PUBLIC TRANSPORT
COMPETITION ACT 1995 26
28. Definitions 26 29. New section 3A inserted 27 3A. Application of Act 27 30. Conditions of accreditation 27 31. Driver's authority 27 32. Transitional provisions 28 33. New section 40 inserted 28 40. Transitional provisions (1997 amendments) 29
PART 4—REPEAL OF SPENT ACTS 31
34. South Australian and Victorian Border Railways Act 1930 31 35. King-street Bridge Act 1957 31 36. New section 255B inserted in Transport Act 1983 32 255B. Supreme Court—limitation of jurisdiction 32 37. Railways (Standardization Agreement) Act 1958 33
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NOTES 34
ii
Victoria
No. 106 of 1997
Transport Acts (Amendment) Act 1997†
[Assented to 16 December 1997]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to—
(a)
improve the regulation of the towing industry;
(b)
remove the requirement for certain classes of vehicles to be licensed under the Transport Act 1983 but require their operators to be
Transport Acts (Amendment) Act 1997
Act No. 106/1997 s. 2 accredited under the Public Transport
Competition Act 1995;
(c)
revoke reservations over certain lands for tramway purposes;
(d)
make miscellaneous amendments to the Public Transport Competition Act 1995;
(e) repeal certain spent Acts.
2. Commencement
(1) This Part and Part 4 come into operation on the day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1998, it
comes into operation on that day.
_______________
Transport Acts (Amendment) Act 1997
| s. 3 | Act No. 106/1997 |
PART 2—AMENDMENT OF TRANSPORT ACT 1983
Division 1—Tow Trucks
3. Insertion of new definition
| No. 9921. | In section 2(1) of the Transport Act 1983, after | |
| Reprint No. 5 | ||
| as at 1 June | the definition of "bridge" insert— | |
| 1997. Further | ||
| amended by | ' "business day" means a day that is not— | |
| Nos 28/1996 | ||
| and 37/1996. | (a) a Saturday or a Sunday; or | |
|
4. Changes to the definitions of level 1 and 2 offences
In section 86(1) of the Transport Act 1983—
(a)
in the definition of "level 1 offence", after paragraph (c) insert—
"; or
(d) an offence under section 321(1) of the Crimes Act 1958 (conspiracy) where the conspiracy is to commit an offence referred to in paragraph (a), (b) or (c);";
(b)
in the definition of "level 2 offence", after paragraph (b) insert—
"; or
(c) an offence under Division 3 of Part I of the Crimes Act 1958 (criminal damage to property); or (d) Compensation Act 1985 or the
an offence under the Accident only if the offence involves fraud; or
Transport Acts (Amendment) Act 1997
Act No. 106/1997 s. 5 (e)
an offence under section 321(1) of the Crimes Act 1958 (conspiracy) where the conspiracy is to commit an offence
referred to in paragraph (a), (b), (c) or
(d);".
5. Minor consequential amendment
In section 147B(1)(a) of the Transport Act 1983, after "172H(7)," insert "172O(3),".
6. Change to meaning of heavy accident towing
In sections 172A(2) and 172B(2) and (3) of the
Transport Act 1983, for "4·5 tonnes" substitute"4 tonnes".
7. Further restriction on who may hold towing licence
After section 172J(5)(b) of the Transport Act
1983 insert—
"; and
(c) includes a conviction for an offence against a the licensing authority, corresponds to a level 1 or 2 offence.".
8. Insertion of sections 172O–172Q
After section 172N of the Transport Act 1983 insert—
"172O. Former licence entitlements may be
re-transferred
(1) This section only applies in respect of an
accident towing licence to which an
entitlement was transferred before 1 October
1995 under section 174D (as in force
immediately before that date).
(2) The holder of the licence may re-transfer the entitlement back to the licence from which it was transferred.
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| s. 8 | Act No. 106/1997 |
(3) On the holder—
(a) lodging a transfer notice with the licensing authority in a form and manner approved by the licensing authority; and
(b)
paying the appropriate transfer fee determined under section 147B—
the licence to which the entitlement is to be
transferred is revived.(4) The licensing authority must issue a revived licence to the person who lodged the transfer notice (or to any person nominated in writing by that person).
(5) A transfer becomes effective on the licensing authority issuing the revived licence relating to that transfer.
(6) The issuing of a licence under this section
does not create any entitlement in respect of the licence other than the entitlement that is transferred to the licence under this section.
(7) This section applies even if the current
holder of a licence was not the holder of the
licence at the time an entitlement was
transferred to the licence.
172P. Self-management areas
(1) The licensing authority may declare an area to be a self-management area.
(2) A self-management area may include part of an area that is not a controlled area.
(3) All accident towing in a self-management area is to be conducted in accordance with regulations made in respect of that area
under section 185(1)(i).
Transport Acts (Amendment) Act 1997
Act No. 106/1997 s. 9 (4) The licensing authority may revoke a
declaration made under sub-section (1) at
any time.
(5) The revocation of a declaration
automatically revokes any rights created
under any regulations made under section185(1)(i).
172Q. Offences concerning self-management
areas
(1) A person must not operate a tow truck for accident towing within a self-management area unless the person—
(a)
is authorised under the regulations to operate from a depot within the area; or
(b)
is operating a heavy accident tow truck under a heavy accident tow truck towing licence to tow vehicles that have a gross vehicle mass of 4 tonnes or more from accident scenes.
Penalty: 50 penalty units.
(2) A person who is authorised under the
regulations to operate a tow truck from a
depot within a self-management area must
not operate that tow truck for accident
towing outside that area unless the person is
authorised to do so under this Act.Penalty: 50 penalty units.".
9. Implied condition of trade towing licence
(1) For section 175(1)(i) of the Transport Act 1983
substitute—
"(i) that the tow truck must not be used to lift and
carry, or tow, a damaged motor vehicle if
any person is travelling as a passenger in that
motor vehicle unless—
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| s. 10 | Act No. 106/1997 |
(i) the vehicle is being towed and has a gross vehicle mass of 4 tonnes or more; and
(ii) the vehicle can only be towed safely if a person steers or controls the vehicle.".
(2) After section 175(1A) of the Transport Act 1983
insert—
"(1B) It is an implied condition of every trade
towing licence that the tow truck must not be used to lift and carry, or tow, a motor vehicle if a person is travelling as a passenger in that motor vehicle unless—
(a) the vehicle is being towed and has a gross vehicle mass of 4 tonnes or more; and (b) the vehicle can only be towed safely if a person steers or controls the vehicle.".
(3) In section 175(2) of the Transport Act 1983, for "sub-section (1)" substitute "this section".
10. Changes concerning storage charges
For section 176(2)(d) of the Transport Act 1983
substitute—
"(d) storing a vehicle unless—(i) the storing was authorised in writing by the person from whom the sum or charge is being sought (or by that person's agent); and
(ii) the sum or charge is not more than the (A) dividing the total number of hours
that the vehicle was stored up to
the relevant time by 24; and
Transport Acts (Amendment) Act 1997
Act No. 106/1997 s. 11 (B) multiplying the result by the daily
storage fee.
(2A) If the result of the calculation made under sub-
section (2)(d)(ii)(A) is not a whole number, it may
be increased to the next highest whole number.".
11. Substitution of section 176A
For section 176A of the Transport Act 1983 substitute—
'176A. Obligations on repairers in respect of towed
vehicles
(1) This section and sections 176B to 176F
apply if a motor vehicle is damaged in an
accident that occurs in a controlled area and
is towed from the accident scene by a tow
truck.
(2) A person must not begin to prepare a
quotation for the cost of the damage to the vehicle, or to repair the vehicle, unless the person—
(a)
has complied with section 176B in relation to the vehicle; or
(b)
has been given a copy of a duplicate authority to tow form that already has on it the details required by section 176B(1)(c) and (d); or
(c)
has been given a copy of a certificate issued under section 176F in relation to the vehicle.
Penalty: 50 penalty units.
(3) If a person—
Transport Acts (Amendment) Act 1997
| s. 11 | Act No. 106/1997 |
(a)
agrees to prepare a quotation for a damaged vehicle, or to repair a damaged vehicle; and
(b)
is given a duplicate copy of an authority to tow form in respect of which section 176B has not been complied with—
the person must attempt to obtain the
confirmation described in section 176B(1)(b)
as soon as is practicable after being given the
form.Penalty: 50 penalty units.
176B. Authority to tow checking procedure
(1) To comply with this section, a person
must—
(a) obtain a duplicate copy of the authority to tow form that has written on it— (i) the job number assigned to the damaged motor vehicle by the relevant allocation centre; and
(ii) the name and tow truck driver authority number of the driver of the tow truck, the address of the depot from which the tow truck operates and the name and address of the holder of the tow truck licence under which the tow truck operates; and
(b) confirm with the allocation centre that the job number is accurate and that the tow truck was authorised to tow the vehicle; and
Transport Acts (Amendment) Act 1997
Act No. 106/1997 s. 11 (c) write on the form a note stating—
(i) his or her name and business address; and
(ii) that the confirmation has been obtained; and
(iii) the date and time that the confirmation was obtained; and
(iv) the confirmation number assigned
to the confirmation by the
allocation centre; and
(d) sign the note.
(2) A person must not sign the note described in
sub-section (1)(c) if the person knows that
any of the details in the note are false.
Penalty: 50 penalty units.
176C. Copies of noted-up forms must be given to
owners etc.
(1) A person who complies with section 176B in relation to a duplicate copy of an authority to tow form must give a copy of the form
signed by him or her to the owner of the vehicle (or the owner's agent) and to any person authorised by the owner to repair, or
to prepare a quotation in relation to, the
vehicle if asked to do so by the owner (or
agent) or authorised person.
Penalty: 50 penalty units.(2) A person must ensure that any written
quotation prepared by the person and given
to the owner of the vehicle (or to the owner's
agent) is accompanied by a copy of the
authority to tow form.
Penalty: 50 penalty units.
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| s. 11 | Act No. 106/1997 |
176D. Obligations on repairers if form defective
or not provided
(1) If any of the details required by section
176B(1)(a) are missing from a copy of a duplicate authority to tow form, a person who attempts to comply with section 176B
in respect of the form must notify the
licensing authority in writing that the details
are missing within 5 business days afterbeing given the copy of the form.
Penalty: 50 penalty units. (2) If the owner (or the owner's agent)—
(a)
asks a person to prepare a quotation, or to repair, a damaged vehicle; and
(b)
does not give the person a copy of the duplicate authority to tow form (or a certificate under section 176F) in relation to the vehicle within 5 business days after making the request—
the person must notify the licensing authority
in writing of that failure within 5 businessdays after the end of that 5 day period.
Penalty: 50 penalty units. (3) If—
(a)
the owner (or the owner's agent) asks a person (the "repairer") to prepare a quotation in relation to, or to repair, a damaged vehicle and states that another person has complied with section 176B in relation to the duplicate authority to tow form relating to the vehicle; and
(b)
the repairer asks for a copy of the form from that other person, but does not receive a copy of that form from that
Transport Acts (Amendment) Act 1997
Act No. 106/1997 s. 11 person within 5 business days after
making the request—the repairer must notify the licensing
authority in writing within 5 business days
after the end of that 5 day period that thecopy of the form has not been received.
Penalty: 50 penalty units.
176E. Repairers must keep copies of towing forms
(1) A person who receives a copy of an authority
to tow form for the purpose of preparing a
quotation, or repairing, a damaged vehicle—
(a)
must keep a copy of the form for 3 years after receiving it; and
(b)
must produce for inspection that copy and any records the person keeps in relation to quotations on being asked to do so by a member of the police force or an officer.
Penalty: 50 penalty units.
(2) For the purpose of checking whether sub-
section (1) and sections 176A to 176D have been complied with, a member of the police force or an officer may—
(a) at any reasonable time of the day or night enter any premises at which it appears damaged motor vehicles are being assessed or repaired; and (b) inspect and copy any document section (1).
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| s. 11 | Act No. 106/1997 |
176F. Owner may apply for certificate if form
defective or lost
(1) This section applies if the owner of a
damaged vehicle that was towed from an accident scene in a controlled area (or the owner's agent)—
(a) did not receive a duplicate of an authority to tow form in relation to the towing; or (b) received a duplicate of an authority to tow form in relation to the towing, but— (i) the form, or any note that has been subsequently added to the form, contains a defect that makes it impossible for a person to prepare a quotation in relation to the vehicle, or to repair the vehicle, as a result of section 176A(2)(a) or (b); or
(ii) the form has been lost, destroyed, partially illegible.
(2) The owner (or the owner's agent) may apply
to the licensing authority for a certificate
authorising the preparation of quotations in
relation to the vehicle and for the vehicle to
be repaired.
(3) An application for a certificate must be in a
form approved by the licensing authority and
must contain the details required by that
form.
(4) The licensing authority must comply with a
request for a certificate within 5 business
days after receiving—
Transport Acts (Amendment) Act 1997
Act No. 106/1997 s. 12
(a)
a completed application for the certificate; and
(b)
the fee (if any) permitted by the regulations.
176G. Exceptions in relation to sections 176A–
176F
(1) It is a defence to a charge under sections
176A to 176E if a person had a reasonable
belief that a damaged vehicle was not
damaged in a controlled area.
(2) Sections 176A to 176E do not apply in
respect of a motor vehicle that is towed from
an accident scene by a heavy accident tow
truck under the authority of a heavy accident
tow truck towing licence.'.
12. Authorised drivers may enter into storage agreements at accident scenes
After section 177(5) of the Transport Act 1983
insert—"(6) Despite sub-section (1), a tow truck driver
who is lawfully at the scene of an accident
may enter, or offer to enter, into an
agreement with a person to store a vehicle at
the authorised depot of the tow truck.".
13. Vehicle may be held pending the payment of storage charges
(1) After section 177C(4)(b) of the Transport Act 1983 insert—
"; or
(c) storage charges, but only if the person holds— (i) in the case of a disabled vehicle, a tow truck licence; or
Transport Acts (Amendment) Act 1997
| s. 14 | Act No. 106/1997 |
(ii) in the case of a damaged vehicle, an accident towing licence; or
(iii) in the case of a damaged vehicle that the holder of a heavy accident tow truck towing licence may tow, a heavy accident tow truck towing licence—
and the charges either do not exceed the
charges determined under section 184A or, if
no charges are determined under that section,are reasonable.".
(2) Section 177C(5)(a) of the Transport Act 1983 is
repealed.
14. Insertion of section 177D
After section 177C of the Transport Act 1983 insert—
"177D. Provisions concerning damaged vehicle
storage
(1) If a damaged vehicle is stored at the
authorised depot of the tow truck that towed
it from an accident scene, the holder of thetow truck licence—
(a)
must, within 10 business days after the day the vehicle is towed to the depot, give the owner of the vehicle (or the owner's agent) a written notice stating the amount of the storage charges that are owing at the date of the notice, the daily rate at which the charges are continuing to accumulate and the fact that those charges are continuing to accumulate; and
(b)
must continue to give the owner of the vehicle (or the owner's agent) such a notice before the expiry of each period
Transport Acts (Amendment) Act 1997
Act No. 106/1997 s. 15 of 20 business days after the date of the
issue of the first notice.
Penalty: 25 penalty units. (2) The obligation imposed on the holder of the licence by sub-section (1) ceases to apply as soon as—
(a)
the vehicle is removed from the depot; or
(b)
an agreement for the repair of the vehicle is signed with a person who operates at or from the depot and the agreement sets out the amount of the storage charges that is owed at the time that the agreement is signed.".
15. Accident towing driver authority may be suspended
(1) For section 181(1) of the Transport Act 1983
substitute—
"(1) Subject to sub-sections (3) and (4), the
licensing authority may suspend or revoke a
tow truck licence, or suspend an accidenttowing driver authority, if—
(a)
any of the conditions attached to the licence or authority or any of the provisions of this Act or the Road Safety Act 1986 or the regulations made under those Acts have not been complied with; and
(b)
the licensing authority is satisfied that the licence should be suspended or revoked, or the authority should be suspended, because of—
(i) the frequency of; or
(ii) the wilful commission of; or
Transport Acts (Amendment) Act 1997
| s. 16 | Act No. 106/1997 |
(iii) the danger to the public as a result of—
the failure to comply.".
(2) For section 181(3) of the Transport Act 1983
substitute—
"(3) The licensing authority must not revoke or
suspend a tow truck licence under this
section unless it has given the holder of the
licence a reasonable opportunity to show
cause why the licence should not be revokedor suspended.
(4) The licensing authority must not suspend an
accident towing driver authority under this section unless it has given the holder of the authority a reasonable opportunity to show cause why the authority should not be
suspended.".(3) After section 182G(c) of the Transport Act 1983
insert—
"(d) to suspend an accident towing driver
authority under section 181.".
16. Changes concerning the Demerits Register
(1) For section 181B(1) of the Transport Act 1983
substitute—
"(1) The Secretary must keep a Demerits Register
and must record in the Register the demerit
points—
(a)
that each tow truck licence holder incurs; and
(b)
that each holder of an accident towing driver authority incurs; and
Transport Acts (Amendment) Act 1997
Act No. 106/1997 s. 16
(c) that each person who does not hold a tow truck licence would have incurred if the person had held a tow truck licence; and (d) that each person who does not hold an accident towing driver authority would have incurred if the person had held such an authority.".
(2) After section 181B(5) of the Transport Act 1983
insert—
"(5A) A reference in sub-sections (3), (4) and (5) to demerit points incurred in a person's capacity as the holder of a licence includes a
reference to demerit points that have been
recorded in respect of the person under sub-
section (1)(c).(5B) A reference in sub-sections (3), (4) and (5) to demerit points incurred in a person's capacity as the holder of an accident towing driver
authority includes a reference to demerit
points that have been recorded in respect ofthe person under sub-section (1)(d).".
(3) After section 181B(9) of the Transport Act 1983
insert—
"(10) On the transfer of a tow truck licence, any
demerit points that have been recorded
against the holder of the licence under this
section are automatically transferred to the
new holder of the licence (regardless of
whether or not the points were recorded
against the person while he, she or it held the
licence).
(11) If an accident towing driver authority expires
while it is suspended under this section, the person who held the authority is not eligible
Transport Acts (Amendment) Act 1997
s. 17
| s. 20 | Act No. 106/1997 |
to hold another accident towing driver
authority until the expiry of the period of
suspension that applied to the expiredauthority.".
17. Exemption concerning passengers in tow trucks
After section 182A(4A) of the Transport Act
1983 insert—"(4B) Despite sub-sections (1)(b), (2) and (3), a
person who was the driver of, or a passenger
in, a vehicle at the time the vehicle was
damaged or became disabled may
accompany, and may be allowed to
accompany, the driver of the accident tow
truck or heavy accident tow truck if—
(a)
the vehicle is outside a controlled area; and
(b)
the tow truck is travelling to the vehicle for the purpose of towing it.".
18. Correction of incorrect reference
In section 182E(b) of the Transport Act 1983, for "sub-section (5)" substitute "sub-sections (6) and (7)".
19. Job number only authorises towing of 1 car
After section 183B(1) of the Transport Act 1983 insert—
"(1A) A tow truck driver who has been given a job
number by an allocation centre must not, in relation to that number, tow more than one damaged vehicle from the accident scene. Penalty: 50 penalty units.".
20. Regulation-making power concerning self-
management areas
Transport Acts (Amendment) Act 1997
Act No. 106/1997
After section 185(1)(h) of the Transport Act
1983 insert—"(i) generally regulating and controlling the
operation of tow trucks for accident towing
in a self-management area, and without
restricting the scope of this paragraph, for or
with respect to—(i) who may operate tow trucks for accident towing in the area; and
(ii) how work is to be allocated or distributed in the area; and
(iii) providing for the suspension of the operators of tow trucks from any allocation system for the area for a failure to comply with the regulations relating to the area; and
(iv) fees payable to any person or body regulations;".
Division 2—Private Omnibuses and Hire and Drive
Omnibuses
21. Repeal of provisions relating to private omnibuses
(1) Division 6 of Part 6 of the Transport Act 1983 is
repealed.
(2) In section 86(1) of the Transport Act 1983—
(a)
in the definition of "owner", paragraph (c)(iv) is repealed;
(b)
the definition of "private omnibus" is repealed.
(3) In section 147A of the Transport Act 1983—
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| s. 22 | Act No. 106/1997 |
(a) in sub-section (1)—
(i) omit ", private omnibus licence";
(ii) omit ", private omnibus";
(b)
in sub-section (3) omit ", private omnibus licence".
(4) In section 147B(1)(b) of the Transport Act
1983—
(a) omit ", private omnibuses";
(b) omit ", private omnibus".
22. Repeal of provisions relating to hire and drive omnibuses
(1) Division 7 of Part 6 of the Transport Act 1983 is
repealed.
(2) In section 86(1) of the Transport Act 1983—
(a)
the definition of "hire and drive omnibus" is repealed.
(b)
in the definition of "owner", paragraph (c)(iii) is repealed.
23. Driver's certificate
(1) In section 156 of the Transport Act 1983, after
sub-section (1) insert—
"(1AA) A person who proposes to drive a vehicle
service within the meaning of the Public
that is used for operating a private bus apply in the form approved by the licensing authority to the licensing authority for the granting of a driver's certificate to him or her.".
(2) In section 156 of the Transport Act 1983—
Transport Acts (Amendment) Act 1997
Act No. 106/1997 s. 24
(a) in sub-section (1A) for "The application" (1) or (1AA)";
(b)
in sub-section (4) after "vehicle" insert "or a vehicle referred to in sub-section (1AA)".
24. New Division 1A inserted in Part VIII
After Division 1 of Part VIII of the Transport
Act 1983 insert—
"Division 1A—Transitional Provisions
246A. Transport Acts (Amendment) Act 1997(1) Despite the repeal of Division 6 of Part 6 by
section 21(1) of the Transport Acts
(Amendment) Act 1997, that Division
continues to apply with respect to a private
omnibus licence granted under it or any
corresponding previous enactment and in
force immediately before that repeal.
(2) A licence referred to in sub-section (1) continues in force despite the repeal of Division 6 of Part 6 but may be suspended,
revoked or cancelled in accordance with this
Act as in force immediately before that
repeal and, unless sooner revoked or
cancelled, expires on the date on which, by
force of section 40(3) of the Public
Transport Competition Act 1995, it is to be
taken to expire for the purposes of section40(2) of that Act.".
Division 3—Regulations
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| s. 25 | Act No. 106/1997 |
25. Recovery of cost of storing and disposing of abandoned vehicles
In section 56(2)(r) of the Transport Act 1983, after "therein" insert "and providing for the recovery of the cost of their storage and disposal".
Division 4—Revocation of Reservations
26. New sections 253 and 253A inserted
After section 252 of the Transport Act 1983 insert—
"253. Revocation of reservations for tramways
purposes
(1) The Order in Council specified in Schedule 9
is revoked to the extent that it applies to the
land shown hatched on the plan numbered
LEGL./97-215 and lodged in the Central
Plan Office.
(2) Crown grant Volume 600 Folio 902 is
revoked to the extent that it applies to the
land shown hatched on the plan referred to in
sub-section (1).
(3) On the revocation of the Order in Council specified in Schedule 9 to the extent that it relates to the land shown hatched on the plan
referred to in sub-section (1)—
(a) land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions,the land is deemed to be unalienated and
(b)
the appointment of any committee of management is revoked to the extent that it applies to the land; and
Transport Acts (Amendment) Act 1997
s. 26
s. 27
Act No. 106/1997
(c) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land. 253A. Revocation of part of Melbourne Park Reservation for tramways purposes
(1) The deemed temporary reservation of land
under Part 5 of the Melbourne and extent that it applies to the land shown cross- hatched on the plan numbered LEGL./97- 215 and lodged in the Central Plan Office.
(2) Despite anything to the contrary in the
Melbourne and Olympic Parks Act 1985 and the Crown Land (Reserves) Act 1978, on the revocation of that part of the deemed temporary reservation shown cross-hatched on the plan referred to in sub-section (1)—
(a) land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions,the land is deemed to be unalienated and
(b) Olympic Parks Trust to manage
the appointment of the Melbourne and extent that it applies to the land; and
(c)
any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land.".
27. New Schedule 9 inserted
After Schedule 8 of the Transport Act 1983 insert—
Transport Acts (Amendment) Act 1997
Act No. 106/1997
"SCHEDULE 9
Partial revocation of reservation on Yarra Park Land
Situation and area of land:
At East Melbourne, City of Melbourne, 63.64 hectares less authorised excisions.
Instrument and date of Order in Council dated 9 June 1873 reservation: Description of land by Government Gazettes dated 12 February reference to Government 1864, page 350 and 13 June 1873, page Gazette: 1059 Particulars of registration of Crown grant Volume 600 Folio 902 Crown grant: Purpose of reservation: Yarra Park Extent of revocation: Land shown hatched on the plan
numbered LEGL./97-215 and lodged at
the Central Plan Office.".
_______________
Transport Acts (Amendment) Act 1997
Act No. 106/1997 s. 28
PART 3—AMENDMENT OF PUBLIC TRANSPORT
COMPETITION ACT 1995
28. Definitions
In section 3(1) of the Public Transport
No. 68/1995. Amended by
Competition Act 1995— No. 28/1996. (a) in the definition of "bus" omit "public passenger"; (b) insert the following definitions—
' "courtesy service" means a serviceconsisting of the carriage of passengers by a bus for any consideration or in the course of any trade or business but does not include a road transport passenger
service;
"hire and drive service" means a service
consisting of the provision of a bus for
hiring (otherwise than under a hire-
purchase agreement within the meaning
of the Hire-Purchase Act 1959) by a
person for a certain period for valuable
consideration on the condition that it
will be driven during that period by the
hirer or another person on behalf of the
hirer;
"private bus service" means a service
consisting of the carriage of passengers
by a bus for or in connection with the
activities of a religious, philanthropic,
educational, sporting or social body but
does not include a road transport
passenger service;'.
Transport Acts (Amendment) Act 1997
| s. 29 | Act No. 106/1997 |
29. New section 3A inserted
After section 3 of the Public Transport
Competition Act 1995 insert—"3A. Application of Act
Subject to Part 2 and the regulations, this Act
(except sections 6(a)(i), 9(2) and (3), 13 and20(2)(b)) applies to a person who operates—
(a) a courtesy service; or
(b) a hire and drive service; or(c) a private bus service—
as if they were operating a road transport
passenger service.".
30. Conditions of accreditation
In section 10 of the Public Transport insert—
"(1A) An accreditation relating to a courtesy
service or a hire and drive service is not subject to the condition imposed by sub- section (1)(a).
(1B) Without limiting sub-section (1)(b), the
regulations may make it a condition of an
accreditation that the accredited person pay,
at the prescribed times and in the prescribed
manner, a prescribed annual accreditation
fee.".
31. Driver's authority
(1) In section 10(1)(a) of the Public Transport Competition Act 1995, omit "and in force immediately before the commencement of this
section".
Transport Acts (Amendment) Act 1997
s. 32
s. 33
Act No. 106/1997
(2) In section 32 of the Public Transport
Competition Act 1995, after sub-section (2) insert—
"(2A) The Secretary may refuse to accept an
application for the granting of a driver's
authority if the Secretary considers that the
person should instead apply for a driver's
certificate under section 156 of the
Transport Act 1983.
(2B) If the Secretary refuses under sub-section
(2A) to accept an application, the Secretary
must—
(a)
notify the applicant in writing of the refusal and the reason for it; and
(b)
refund to the applicant the prescribed application fee that accompanied the application; and
(c)
return to the applicant any other thing that accompanied the application.".
(3) In section 32(30)(a) of the Public Transport
Competition Act 1995, after "authority" (where secondly occurring) insert ", other than a decision under sub-section (2A)".
(4) In section 33 of the Public Transport
Competition Act 1995, after "service" insert "or a private bus service".
32. Transitional provisions
In section 39(3) of the Public Transport
Competition Act 1995—
(a) for "2 years" substitute "42 months";
(b) for "two years" substitute "42 months".
33. New section 40 inserted
Transport Acts (Amendment) Act 1997
Act No. 106/1997
In Part 4 of the Public Transport Competition
Act 1995, after section 39 insert—"40. Transitional provisions (1997 amendments)
(1) Sub-section (2) applies to a person who—
(a) immediately before the commencement (Amendment) Act 1997 operated a private bus service within (or partly within) the State and held a private omnibus licence granted under Division 6 of Part VI of the Transport Act 1983 or any corresponding previous enactment or more than one such licence; and
(b) but for sub-section (2) would be required under Part 2 of this Act to be accredited to operate that private bus service. (2) Despite anything to the contrary in this Act, a person to whom this sub-section applies is not required to be accredited in accordance with Part 2 to operate the private bus service
referred to in sub-section (1) during any
period when—
(a) that person holds a private omnibus licence for every vehicle operated by that person for the purposes of the private bus service; and (b) that person, in operating any vehicle referred to in paragraph (a), complies with the conditions attached to the licence and any other requirement imposed by or under Part VI of the Transport Act 1983 on the operation
of the vehicle.
Transport Acts (Amendment) Act 1997
Act No. 106/1997 s. 33 (3) For the purposes only of sub-section (2), a
private omnibus licence in force immediately
before the commencement of section 33 of
the Transport Acts (Amendment) Act
1997 that is not due to expire on any
particular date or that is due to expire on a
date that is later than 18 months after that
commencement, must be taken to expire at
the end of 18 months after that
commencement, despite any Act or rule of
law to the contrary and despite any provision
contained in the licence itself.
(4) A person who—
(a) immediately before the commencement (Amendment) Act 1997 operated a courtesy service or a hire and drive service within (or partly within) the State; and
(b) but for this sub-section would be required under Part 2 of this Act to be accredited to operate that service— is not required to be accredited in accordance with Part 2 to operate that service during the period of 12 months after the
commencement of section 33 of the
Transport Acts (Amendment) Act 1997.".
_______________
Transport Acts (Amendment) Act 1997
| s. 34 | Act No. 106/1997 |
PART 4—REPEAL OF SPENT ACTS
34. South Australian and Victorian Border Railways Act 1930
| No. 3932. | The South Australian and Victorian Border Railways Act 1930 is repealed. |
35. King-street Bridge Act 1957
| No. 6156. | (1) The King-street Bridge Act 1957 is repealed. (2) In Schedule 5 to the Transport Act 1983, after |
clause 26 insert—
'26A. King Street Bridge
(1) In this clause, "King Street Bridge" means the bridge
constructed under the authority of the King-street
Bridge Act 1957.
(2) The powers, authorities and duties of the Roads Corporation include—
(a)
the operation, maintenance and repair of the King Street Bridge and, in relation to that operation, maintenance and repair, the carrying out of ancillary works and ancillary tasks;
(b)
in relation to the King Street Bridge, the construction of ancillary works and ancillary structures and things;
(c)
the financing of the performance of the powers, authorities and duties referred to in paragraphs (a) and (b).
(3) No action, suit or other proceedings shall be
commenced or maintained against the State of Victoria
or the Roads Corporation or any municipal council or
against any person acting for or with the authority ofthe Roads Corporation for or in respect of—
(a)
any obstruction to the flow of water in, or of the navigation of, the River Yarra occasioned or alleged to be occasioned by—
(i) the King Street Bridge;
Transport Acts (Amendment) Act 1997
Act No. 106/1997 s. 36 (ii) any construction work carried out in or operation of the King Street Bridge;
(iii) connection with that construction,
maintenance repair or operation or works
preliminary or incidental to, or necessary
or convenient by reason of, thatthe carrying out of any works in operation; or
(b)
any injury, loss damage or accident occasioned or alleged to be occasioned by reason of any such obstruction or in any way whatever arising from it.
(4) If any part of the King Street Bridge consists of an
elevated roadway or other structure above any
unalienated Crown land (including any Government
road) which is not part of the bridge, the construction
of that part of the bridge, or its dedication to the public
as a public highway, does not affect that Crown land
and the provisions of the Land Act 1958 and the
Crown Land (Reserves) Act 1978 and all
reservations, proclamations and dedications in relation
to that land shall continue in force except to the extent
that they may be necessarily excluded, limited or
modified by the existence of the elevated roadway or
structure and its supports.(5) If any part of the King Street Bridge consists of an
elevated roadway or other structure above any land,
vested in or under the control of the Public Transport
Corporation, which is not part of the bridge, the
construction of that part of the bridge, or its dedication
to the public as a public highway, does not in any way
abridge or affect the right, title and interest of the
Public Transport Corporation in that land except to the
extent that they may be necessarily limited or modified
by the existence of the elevated roadway or structure
and its supports.'.
36. New section 255B inserted in Transport Act 1983
After section 255A of the Transport Act 1983 insert—
"255B. Supreme Court—limitation of jurisdiction
Transport Acts (Amendment) Act 1997
| s. 37 | Act No. 106/1997 |
It is the intention of clause 26A(3) of
Schedule 5 to alter or vary section 85 of theConstitution Act 1975.".
37. Railways (Standardization Agreement) Act 1958
| No. 6459. | (1) The Railways (Standardization Agreement) Act |
| Amended by | |
| Nos 9921, | 1958 is repealed. |
| 121/1986 and | |
| 44/1989. | (2) The repeal of the Railways (Standardization |
Agreement) Act 1958 does not affect any liability of the State of Victoria to pay any amount to the Commonwealth under Part III of the Agreement within the meaning of that Act and any such liability may be enforced as if that Act had not been repealed.
(3) The provisions of sub-section (2) are in addition to, and not in derogation from, the provisions of the Interpretation of Legislation Act 1984.
═══════════════
Transport Acts (Amendment) Act 1997
Act No. 106/1997 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 9 October 1997
Legislative Council: 28 October 1997
The long title for the Bill for this Act was "to amend the Transport Act
1983 and the Public Transport Competition Act 1995, to repeal the
South Australian and Victorian Border Railways Act 1930, the
King-street Bridge Act 1957 and the Railways (StandardizationAgreement) Act 1958 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 9 October 1997
Legislative Council: 11 November 1997
Absolute majorities:
Legislative Assembly: 28 October 1997 and 4 December 1997
Legislative Council: 19 November 1997
0
0
0