Transport (Amendment) Act 1998 (Vic)

Transport (Amendment) Act 1998

Act No. 99/1998

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Definitions	2
4.	Minister may make Orders for the granting of taxi-cab licences in
taxi-cab zones	3
5.	Repeal of section 143B	3
6.	Conditions of taxi-cab licence	3
7.	Directions	3
146AA. Directions	3
8.	Assignments	4
9.	Variation of conditions of driver's certificate	4
10.	New section 158A inserted	4
158A. Touting not permitted	5
11.	Exception to general penalty	5
12.	New sections 253B, 253C and 253D inserted	5

253B.	Further revocation of reservations for tramways
purposes 5
253C.	Re-reservation of certain land for Yarra Park 6
253D.	Registrar of Titles to make necessary amendments 7

13.      Power of Roads Corporation to lease or licence land over which

there is a declared road 7
14.	New Schedule 10 inserted 8
15.	Statute law revision 8

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NOTES 10

i

Victoria

No. 99 of 1998

Transport (Amendment) Act 1998†

[Assented to 24 November 1998]

The Parliament of Victoria enacts as follows:

1. Purposes

The purposes of this Act are to—

(a)	facilitate and improve the administration of the taxi and hire car industry; and
(b)	permit the Roads Corporation to lease or licence areas of land over which there is a declared road; and
(c)	make adjustments to reservations over certain lands for the future re-location of a tramway.

Transport (Amendment) Act 1998

Act No. 99/1998 s. 2

2. Commencement

(1) Section 1, this section and sections 12, 13 and 14 come into operation on the day on which this Act receives the Royal Assent.

(2) 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 March 1999, it comes into operation on that day.

3. Definitions

(1) In section 86(1) of the Transport Act 1983, in the

definition of "restricted hire vehicle", after

paragraph (c), insert—

"; or

(d) has a seating capacity for 8 but not more than 12 people (including the driver) which is used or intended to be used in connection with the provision of a tour package;".

(2) In section 86(1) of the Transport Act 1983 insert

the following definition—

' "tour package" means a combination of

services provided for a price comprising—

(a)	the hire of a commercial passenger vehicle; and
(b)	as a substantial component of the package—

(i) accommodation; or

(ii) other services or facilities
appropriate to tourists.'.

Transport (Amendment) Act 1998

s. 4 Act No. 99/1998

4.  Minister may make Orders for the granting of taxi- cab licences in taxi-cab zones

In section 143A(1) of the Transport Act 1983 for

"Governor in Council" substitute "Minister".

5. Repeal of section 143B

Section 143B of the Transport Act 1983 is repealed.

6. Conditions of taxi-cab licence

(1) In section 144(1) of the Transport Act 1983,

after paragraph (d), insert—

"and

(e) that any direction given by the licensing authority or a delegate of the licensing authority under section 146AA is complied with.".

(2) In section 144(1A) of the Transport Act 1983, after "sub-section (1)(a)" insert "or (1)(e)".

7. Directions

After section 146 of the Transport Act 1983 insert—

"146AA. Directions

(1) Subject to this section, the licensing authority may at any time during the currency of a taxi-cab licence give, by any

means that the licensing authority thinks fit,

directions to—

(a) the holder of a taxi-cab licence or class of taxi-cab licence; or

Transport (Amendment) Act 1998

Act No. 99/1998 s. 8

(b) the driver of a taxi-cab—

about the carrying of passengers in
accordance with the conditions of the

licence.

(2) The licensing authority may, with the

approval of the Minister, by instrument,
delegate to a person by name or the holder of
an office or position any power of the

licensing authority under sub-section (1).".

8. Assignments

In section 150(6) of the Transport Act 1983 after "under this Division" insert "or it is satisfied that the assignee is not a fit and proper person to

operate a vehicle under a licence".

9. Variation of conditions of driver's certificate

After section 156(4) of the Transport Act 1983
insert—

"(5) The licensing authority may subject to the

regulations at any time during the currency

of a driver's certificate—

(a)	of its own motion and for reasons stated in writing sent to the certificate holder; or
(b)	on the application of the certificate holder—

vary or revoke any of the conditions of the
driver's certificate or impose a new

condition.".

10. New section 158A inserted

After section 158 of the Transport Act 1983 insert—

Transport (Amendment) Act 1998

s. 11 Act No. 99/1998

"158A. Touting not permitted

A person who touts for passengers or attempts to induce a passenger to hire a commercial passenger vehicle other than by a method allowed by the licence or the regulations is guilty of an offence and liable to a penalty of not more than 50 penalty units.".

11. Exception to general penalty

After section 160(1) of the Transport Act 1983
insert—

"(2) Every person guilty of an offence against

section 158(1) where the vehicle has a
seating capacity for not more than 12 people
(including the driver) is liable to a penalty of

not more than 50 penalty units.".

12. New sections 253B, 253C and 253D inserted

After section 253A of the Transport Act 1983 insert—

"253B. Further revocation of reservations for

tramways purposes

(1) The Order in Council specified in Schedule 10 is revoked to the extent that it applies to the land shown hatched on the plan

numbered LEGL./98-75 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).

Transport (Amendment) Act 1998

Act No. 99/1998 s. 12

(3) On the revocation of the Order in Council

specified in Schedule 10 to the extent that it
applies 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
(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.

253C. Re-reservation of certain land for Yarra

Park

(1) The land shown cross-hatched on the plan numbered LEGL./98-75 and lodged in the Central Plan Office is deemed to be

permanently reserved under the Crown for which the land described in Schedule 10 is reserved.

(2) Crown grant Volume 600 Folio 902 is

deemed to include the land shown cross-
hatched on the plan referred to in sub-section
(1).

(3) The committee of management appointed in respect of the land described in Schedule 10 is deemed to be appointed committee of

management of the land shown cross-

Transport (Amendment) Act 1998

s. 13 Act No. 99/1998

hatched on the plan referred to in sub-section
(1).

(4) Any regulations made under section 13 of the Crown Land (Reserves) Act 1978 in respect of the land described in Schedule 10

extend and apply to the land shown cross-
hatched on the plan referred to in sub-

section (1).

253D. Registrar of Titles to make necessary

amendments

The Registrar of Titles must make any amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of sections 253 to 253C.".

13.  Power of Roads Corporation to lease or licence land over which there is a declared road

In Schedule 5 to the Transport Act 1983, after clause 13(2) insert—

'(3) Despite sub-clause (1) and anything to the contrary in

the Land Act 1958, the Roads Corporation may, on behalf of the Crown, grant leases or licences of land over which there is a declared road (other than the

Link road or the Extension road).

(4) A lease may be granted under sub-clause (3) for a

period of up to 21 years.

(5) A licence may be granted under sub-clause (3) for a period of up to 10 years.

(6) The Minister may, with the agreement of the relevant

Ministers, determine policies for the granting of leases and licences under sub-clause (3).

(7) The Minister must cause a copy of any policy

determined under sub-clause (6) to be published in the
Government Gazette.

(8) The Roads Corporation must comply with any policy determined under sub-clause (6) in granting a lease or licence under sub-clause (3).

Transport (Amendment) Act 1998

Act No. 99/1998 s. 14

(9) The Roads Corporation must give notice to the

Minister administering the Land Act 1958 of any lease or licence granted under sub-clause (3).

(10) Nothing in sub-clause (3) prevents the grant of a lease

or licence under the Land Act 1958 of land in a
declared road which is not subject to a lease or licence
granted under that sub-clause.

(11) In this clause "relevant Ministers" means the Minister

or Ministers administering the Land Act 1958, the the Crown Land (Reserves) Act 1978.'.

14. New Schedule 10 inserted

After Schedule 9 to the Transport Act 1983 insert—

"SCHEDULE 10

PARTIAL REVOCATION OF RESERVATION

ON YARRA PARK LAND

Situation and area of	At East Melbourne, City of
land:	Melbourne, 63·64 hectares less authorised excisions.
Instrument and date of	Order in Council dated 9 June
reservation:	1873
Description of land by	Government Gazettes dated
reference to Government	12 February 1864, page 350
Gazette:	and 13 June 1873, page 1059
Particulars of registration	Crown grant Volume 600
of Crown grant:	Folio 902
Purpose of reservation:	Public recreation (Yarra Park)
Extent of revocation:	Land shown hatched on the plan numbered LEGL./98-75 and lodged at the Central Plan Office.".

15. Statute law revision

Transport (Amendment) Act 1998

s. 15 Act No. 99/1998

(1) In section 175(1) of the Transport Act 1983, in

paragraph (i), for "the vehicle." substitute "the
vehicle; and".

(2) In Schedule 4 to the Transport Act 1983, in

clause 2, for "and the provisions sections"
substitute "and the provisions of sections".

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Transport (Amendment) Act 1998

Act No. 99/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 8 October 1998

Legislative Council: 10 November 1998

The long title for the Bill for this Act was "to amend the Transport Act
1983 and for other purposes."