Transport (Amendment) Act 2000 (Vic)
Transport (Amendment) Act 2000
Act No. 30/2000
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2
PART 2—AMENDMENTS TO THE TRANSPORT ACT 1983 3
3. Amendment of definitions section 3 4. Substitution of section 14 3
14. Functions of the Public Transport Corporation 3
5. Repeal of section 14A 4 6. Revocation of particular powers of Public Transport Corporation 4 7. Reference to "Corporation" 4 8. Special acquisition powers 4 9. Repeal of provision providing that Public Transport Corporation is not a common carrier 5 10. Repeal of provision providing for the Public Transport Corporation to grant permission to use certain rolling-stock 5 11. Repeal of provision relating to certain charges by Public Transport Corporation in relation to passenger services 5 12. Amendment of regulation making powers 5 13. Abolition of Victorian Transport Service 7 14. Substitution of definition 7 15. Amendment of provision concerning determinations of policy 7 16. Amendment of definition 7 17. Repeal of provisions relating to authorised officers of the Public Transport Corporation 8 18. Amendment of definition 8 19. Repeal of provision concerning powers of authorized officers of the Public Transport Corporation 8 20. Power to require names and addresses 8 21. Power to arrest suspected offenders 8 22. Power of officers of Public Transport Corporation to arrest people against whom warrants have been issued 9 23. Power to remove offenders 9 24. Travelling without valid ticket—amendment of definition 10
i
Section Page
25. Offence to smoke in carriage etc. in certain circumstances 10 26. Penalty for trespass 10 27. Graffiti clean up programs 10 28. Prosecutions 11 29. Evidentiary provisions 11 30. Regulations 12 31. Repeal of Schedule 3 13
PART 3—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 14
32. Country Fire Authority Act 1958 14 33. Docklands Authority Act 1991 14 34. Electricity Safety Act 1998 14 35. Essential Services Act 1958 14 36. Land Act 1958 15 37. National Parks Act 1975 15 38. Pipelines Act 1967 15 39. Rail Corporations Act 1996 16 40. Transport Accident Act 1986 17 41. Water Act 1989 17
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NOTES 18
ii
Victoria
No. 30 of 2000
Transport (Amendment) Act 2000†
[Assented to 30 May 2000]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The purposes of this Act are to amend the transport functions of the Public Transport Corporation and to make certain consequential amendments to certain other Acts.
Transport (Amendment) Act 2000
Act No. 30/2000 s. 2
2. Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
_______________
Transport (Amendment) Act 2000
| s. 3 | Act No. 30/2000 |
PART 2—AMENDMENTS TO THE TRANSPORT ACT 1983
3. Amendment of definitions section
| No. 9921. | (1) In section 2(1) of the Transport Act 1983, in the |
| Reprint No. 6 | |
| as at 1 July | definition of "passenger transport company", |
| 1998. Further | paragraph (a) is repealed. |
| amended by Nos 85/1998, 98/1998 (as | (2) In section 2(1) of the Transport Act 1983, the |
| amended by | definition of "transport service" is repealed. |
| No. 45/1999), | |
| 99/1998, | (3) In section 2(2C) of the Transport Act 1983, in |
| 102/1998, | |
| 6/1999, | paragraph (a), omit "or the Public Transport |
| 45/1999 and | Corporation". |
| 63/1999. |
(4) In section 2(2D) of the Transport Act 1983 in
paragraph (a), omit "or the Public Transport
Corporation".
4. Substitution of section 14
For section 14 of the Transport Act 1983
substitute—"14. Functions of the Public Transport
Corporation
The functions of the Public Transport
Corporation are—
(a) to carry out directions given to the Administrator under section 20E or to the Corporation under section 31, whether or not for purposes connected with other functions under this section; (b) to continue to comply with the terms of any contract or agreement entered into by the Corporation under this Act as in force before the commencement of the Transport (Amendment) Act 2000 and to perform any act or function
Transport (Amendment) Act 2000
Act No. 30/2000 s. 5 under or incidental to any such contract
or agreement;
(c) to acquire and dispose of real or personal property relating to its functions under this section; (d) Corporation and the relevant municipal
after consultation with the Roads stopping places and associated facilities for transport services on any street or road;
(e)
to carry out such other functions as are conferred on the Public Transport Corporation by this or any other Act.".
5. Repeal of section 14A
Section 14A of the Transport Act 1983 is repealed.
6. Revocation of particular powers of Public Transport Corporation
Section 40(1) of the Transport Act 1983 is repealed.
7. Reference to "Corporation"
(1) In section 42(2A) of the Transport Act 1983 for
"a Corporation" substitute "the Roads
Corporation".
(2) In section 42(3) of the Transport Act 1983 for
"A Corporation" substitute "The Roads
Corporation".
8. Special acquisition powers
(1) In section 43(1) of the Transport Act 1983 for "The Public Transport Corporation" substitute "Rail Track".
Transport (Amendment) Act 2000
| s. 9 | Act No. 30/2000 |
(2) In section 43(2) of the Transport Act 1983 for
"the Public Transport Corporation" substitute
"Rail Track".
9. Repeal of provision providing that Public Transport Corporation is not a common carrier
Section 49 of the Transport Act 1983 is repealed.
10. Repeal of provision providing for the Public Transport Corporation to grant permission to use certain rolling-stock
Section 50 of the Transport Act 1983 is repealed.
11. Repeal of provision relating to certain charges by Public Transport Corporation in relation to passenger services
Section 51 of the Transport Act 1983 is repealed.
12. Amendment of regulation making powers
(1) In section 56(1) of the Transport Act 1983—
(a)
in paragraph (a), for "a Corporation," substitute "the Roads Corporation, a";
(b)
in paragraph (b), for "a Corporation," substitute "the Roads Corporation, a";
(c)
in paragraph (c), for "a Corporation," substitute "the Roads Corporation, a";
(d)
in paragraph (d), for "a Corporation" substitute "the Roads Corporation";
(e)
in paragraph (e), for "a Corporation" substitute "the Roads Corporation";
(f)
in paragraph (f), for "a Corporation" substitute "the Roads Corporation";
Transport (Amendment) Act 2000
Act No. 30/2000 s. 12
(g)
in paragraph (g), for "a Corporation" substitute "the Roads Corporation";
(h)
in paragraph (h), for "a Corporation" substitute "the Roads Corporation";
(i) in paragraph (i)—
(i) for "a Corporation" substitute "the Roads Corporation";
(ii) for "the Corporation" substitute "that Corporation";
(j) in paragraph (j)—
(i) for "a Corporation" substitute "the Roads Corporation";
(ii) for "the Corporation" (wherever
occurring) substitute "that
Corporation";(k)
in paragraph (k), for "a Corporation" substitute "the Roads Corporation";
(l)
in paragraph (ma) omit "the Public Transport Corporation or";
(m)
in paragraph (r), for "on a Corporation" substitute "on a passenger transport company, Rail Track or the Roads Corporation".
(2) In section 56(3) of the Transport Act 1983—
(a)
in paragraph (c), for "a Corporation" substitute "the Roads Corporation";
(b)
in paragraph (d), for "a Corporation" substitute "the Roads Corporation";
(c) in paragraph (f)—
(i) for "a Corporation" substitute "the Roads Corporation";
Transport (Amendment) Act 2000
| s. 13 | Act No. 30/2000 |
(ii) for "the Corporation" substitute "that Corporation";
(d) in paragraph (g), for "a Corporation" (where twice occurring) substitute "the Roads Corporation". (4) In section 56(4) of the Transport Act 1983 for
"of a Corporation" substitute "of the Roads
Corporation".
13. Abolition of Victorian Transport Service
Part V of the Transport Act 1983 is repealed.
14. Substitution of definition
In section 86(1) of the Transport Act 1983, for
the definition of "public commercial passenger
vehicle" substitute—' "public commercial passenger vehicle" means
a commercial passenger vehicle operated by
or proposed to be operated by—
(a) any person, to be used under contract with the Department of Education of Victoria, which contract is approved by the Secretary; or
(b) any person for the carriage of members of the public along a fixed route on a regular basis, whether or not fares are charged, and the operation of which commercial passenger vehicle is approved by the Secretary;'.
15. Amendment of provision concerning determinations of policy
In section 89(2) of the Transport Act 1983, paragraph (a) is repealed.
16. Amendment of definition
Transport (Amendment) Act 2000
Act No. 30/2000 s. 21 In section 93(1) of the Transport Act 1983, in the definition of "authorised officer" omit "(whether an officer of the Public Transport Corporation or not)".
17. Repeal of provisions relating to authorised officers of the Public Transport Corporation
Section 100 of the Transport Act 1983 is repealed.
18. Amendment of definition
In section 211(1) of the Transport Act 1983, for
paragraph (a) substitute—"(a) in relation to a transport infringement, means
an officer of the Roads Corporation the Secretary either generally or in a particular case for the purposes of this Division;".
appointed in writing by that Corporation or a
person (whether an officer of that
19. Repeal of provision concerning powers of authorized officers of the Public Transport Corporation
Sections 218 and 218A of the Transport Act
1983 are repealed.
20. Power to require names and addresses
For section 218B(1) of the Transport Act 1983
substitute—'(1) In this section "authorised officer" means a
person appointed in writing by the Secretary
for the purposes of this section.'.
21. Power to arrest suspected offenders
Transport (Amendment) Act 2000
Act No. 30/2000
In section 219(1) of the Transport Act 1983 omit
"or any officer or agent of the Public Transport
Corporation".22. Power of officers of Public Transport Corporation to arrest people against whom warrants have been issued
Section 219A of the Transport Act 1983 is repealed.
23. Power to remove offenders
(1) In section 220(1A) of the Transport Act 1983—
(a)
omit "an officer or agent of the Public Transport Corporation,";
(b)
in paragraph (a), omit "the Public Transport Corporation,";
(c)
in paragraph (b), omit "the Public Transport Corporation or".
(2) In section 220(1B) of the Transport Act 1983—
(a)
in paragraph (a), omit "or an officer or agent of the Public Transport Corporation";
(b)
in paragraph (c), in sub-paragraph (ii), omit ", or any of the officers or agents of the Public Transport Corporation".
(3) In section 220(1C) of the Transport Act 1983
omit "an officer or agent of the Public Transport
Corporation,".
(4) In section 220(2) of the Transport Act 1983 omit
"or an officer or agent of the Public Transport
Corporation".
(5) In section 220(3) of the Transport Act 1983 omit
"against the Public Transport Corporation or any
of its officers or agents or".
Transport (Amendment) Act 2000
Act No. 30/2000 s. 24 (6) In section 220(4) of the Transport Act 1983 omit
"an officer or agent of the Public Transport
Corporation or".
24. Travelling without valid ticket—amendment of definition
For section 221(1)(c) of the Transport Act 1983
substitute—'(c) "authorized person" means a person who is
authorised in writing by the Secretary for the
purposes of this section.'.
25. Offence to smoke in carriage etc. in certain circumstances
(1) In section 222(1) of the Transport Act 1983, for paragraph (b), substitute— "(b) in or upon any public transport property or
any part of such property where a notice is displayed that smoking on that property or that part of such property is prohibited—".
(2) In section 222(2) of the Transport Act 1983 omit
"or the Public Transport Corporation".
26. Penalty for trespass
In section 223 of the Transport Act 1983 for "a Corporation" substitute "the Roads Corporation or Rail Track".
27. Graffiti clean up programs
In section 223E(5) of the Transport Act 1983, in paragraph (a), for "Public Transport Corporation" substitute "passenger transport company whose
property was injured, damaged or defaced within
the meaning of section 223B(1)".
Transport (Amendment) Act 2000
| s. 28 | Act No. 30/2000 |
28. Prosecutions
(1) In section 229(1) of the Transport Act 1983 for
"a Corporation" substitute "the Roads
Corporation".
(2) In section 229(1A) of the Transport Act 1983 for
"a Corporation" substitute "the Roads
Corporation".
(3) In section 229(1B) of the Transport Act 1983 for
"Corporation" substitute "Roads Corporation".(4) In section 229(3) of the Transport Act 1983—
(a)
for "a Corporation" substitute "the Roads Corporation";
(b)
for "the relevant Corporation" substitute "that Corporation".
29. Evidentiary provisions
(1) In section 230(1) of the Transport Act 1983—
(a)
for "a Corporation" (where first occurring) substitute "the Roads Corporation";
(b)
for "a Corporation" (where secondly occurring) substitute "that Corporation".
(2) In section 230(2) of the Transport Act 1983—
(a) for "a Corporation" substitute "the Roads Corporation"; (b) for "the Corporation" substitute "the Roads Corporation".
(3) For section 230(3A) of the Transport Act 1983 substitute—
"(3A) A certificate purporting to be under the hand of a person who is employed or engaged by a passenger transport company, a bus company or a rail corporation authorised to sign that
certificate by the chief executive of that
Transport (Amendment) Act 2000
Act No. 30/2000 s. 29 company or the rail corporation (as the case requires), certifying as to any matter which appears in or can be calculated from the
records kept by or on behalf of that company
or rail corporation (as the case requires) in
connection with any ticketing system
operated by it or on its behalf is admissible
in evidence in any proceedings and, in the
absence of evidence to the contrary, is proofof the matters stated in the certificate.".
(4) For section 230(4) of the Transport Act 1983
substitute—
"(4) Any notice, statement, certificate or other
document purporting to be under the hand of
the Secretary or the Chief Executive of the
Roads Corporation or of an officer of the
Department or of that Corporation or of a
person who is employed or engaged by a
passenger transport company, a bus company
or a rail corporation authorised to sign that
notice, statement, certificate or other
document by the Secretary or the Chief
Executive of the Roads Corporation or of the
passenger transport company, the bus
company or the rail corporation (as the case
requires) shall be admissible in evidence in
any proceedings and, in the absence of
evidence to the contrary, shall be proof ofthe matters therein set forth.".
(5) In section 230(5) of the Transport Act 1983—
(a)
for "a Corporation" substitute "the Roads Corporation";
(b)
for "the Corporation" substitute "that Corporation".
30. Regulations
Transport (Amendment) Act 2000
Act No. 30/2000
In section 249B(1) of the Transport Act 1983 for "that is not being operated by the Public Transport Corporation" substitute "that is being operated by a passenger transport company or a rail freight
operator".
31. Repeal of Schedule 3
Schedule 3 to the Transport Act 1983 is repealed.
_______________
Transport (Amendment) Act 2000
Act No. 30/2000 s. 32
PART 3—CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
32. Country Fire Authority Act 1958
In section 3 of the Country Fire Authority Act No. 6228.
Reprint No. 91958, in the definition of "heat engine", omit "the as at Public Transport Corporation or". 14 October
1999.
33. Docklands Authority Act 1991
(1) In section 28(2) of the Docklands Authority Act 1991 for "Public Transport Corporation"
No. 22/1991. Reprint No. 2
as at 1 July
substitute "Spencer Street Station Authority 1999. established under the Rail Corporations Act
1996".
(2) In section 28(2A) of the Docklands Authority
Act 1991 after "Victorian Rail Track" insert "or the Spencer Street Station Authority established under the Rail Corporations Act 1996".
34. Electricity Safety Act 1998
Section 46(1)(a)(iii) of the Electricity Safety Act
No. 25/1998. Reprint No. 1
1998 is repealed. as at
31 December1999.
35. Essential Services Act 1958
In section 3 of the Essential Services Act 1958, No. 6244.
Reprint No. 4in the definition of "essential service" for "a rail as at 15 May corporation within the meaning of the Rail
1997. Further amended by
Corporations Act 1996" substitute "a train Nos 91/1997, operator or a tram operator as defined in section 104/1997 and 3(1) of the Rail Corporations Act 1996". 25/1998.
Transport (Amendment) Act 2000
| s. 36 | Act No. 30/2000 |
36. Land Act 1958
| No. 6284. | (1) In section 341(1)(c) of the Land Act 1958 omit |
| Reprint No. 9 | |
| as at | "or the Public Transport Corporation". |
| 24 September | |
| 1998. Further | (2) In section 348 of the Land Act 1958— |
| amended by | |
| Nos 76/1998 | (a) omit "the Public Transport Corporation or" |
| and 85/1998. | (where first occurring); |
(b) for "the Public Transport Corporation or Victorian Rail Track (as the case requires)" substitute "Rail Track within the meaning of section 3(2) of the Rail Corporations Act 1996". (3) In section 355 of the Land Act 1958 omit "or the Public Transport Corporation".
(4) In section 385(2) of the Land Act 1958, paragraph (c) is repealed.
37. National Parks Act 1975
| No. 8702. | In section 3(2) of the National Parks Act 1975 |
| Reprint No. 7 | |
| as at 1 July | omit "the Public Transport Corporation,". |
| 1999. |
38. Pipelines Act 1967
| No. 7541. | (1) In section 32(1) of the Pipelines Act 1967 omit |
| Reprint No. 4 | |
| as at | "the Public Transport Corporation and" (where |
| 15 December | twice occurring). |
| 1998. |
(2) In section 32(2) of the Pipelines Act 1967 omit "the Public Transport Corporation,".
(3) In section 32(3) of the Pipelines Act 1967 omit "the Public Transport Corporation,".
Transport (Amendment) Act 2000
Act No. 30/2000 s. 39
39. Rail Corporations Act 1996
(1) In section 3(1) of the Rail Corporations Act
No. 79/1996. Reprint No. 1
1996, in the definition of "rail transport service", as at 29 April omit "the Public Transport Corporation,".
1999. Further amended by
(2) In section 3(2) of the Rail Corporations Act Nos 45/1999 and 63/1999. 1996 omit "or the Public Transport Corporation".
(3) In section 60(7) of the Rail Corporations Act 1996 omit ", the Public Transport Corporation" (where twice occurring).
(4) In section 62(5) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
(5) In section 63(5) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
(6) In section 64(3) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
(7) In section 65(3) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
(8) In section 66(5) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
(9) In section 68(4) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
(10) In section 69(4) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
(11) In section 70(3) of the Rail Corporations Act
1996, in paragraph (b), omit ", the Public
Transport Corporation" (where twice occurring).
Transport (Amendment) Act 2000
| s. 40 | Act No. 30/2000 |
40. Transport Accident Act 1986
| No. 111/1986. | In section 64(2) of the Transport Accident Act |
| Reprint No. 6 | |
| as at | 1986 for "The Public Transport Corporation and |
| 26 August | any other person" substitute "Any person". |
| 1999. |
41. Water Act 1989
| No. 80/1989. | (1) In section 241(3) of the Water Act 1989 omit |
| Reprint No. 5 | |
| as at 18 May | ", the Public Transport Corporation". |
| 1999. Further | |
| amended by | (2) In section 241(4) of the Water Act 1989 omit |
| No. 65/1999. | ", the Public Transport Corporation". |
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Transport (Amendment) Act 2000
Act No. 30/2000 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 4 May 2000
Legislative Council: 24 May 2000
The long title for the Bill for this Act was "to amend the Transport Act
1983 to remove references to the transport functions of the Public
Transport Corporation, to make certain consequential amendments to
certain other Acts and for other purposes."
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