Transport (Compliance and Miscellaneous) Act 1983 (Vic)

Version No. 227

Transport (Compliance and Miscellaneous) Act 1983

No. 9921 of 1983

Version incorporating amendments as at

6 August 2025

TABLE OF PROVISIONS

Section  Page

Part I—Preliminary

1Short title and commencement

2Definitions

2ATransport Integration Act 2010

Part II—Administration

Division 1—The Department

Subdivision 1—General

7Minister may make use of services of officers etc. of public service or public entities

Subdivision 4—Provisions relating to passenger services

10Priority of passenger services

12Financial assistance to train drivers following fatal incidents

Part III—Powers of the Corporation

43Special acquisition powers of Rail Track with respect to the Loop

54Provisions as to proposed developments along the line of the Loop

56Regulations

57Declaration of Southern Cross Station for purposes of regulations

Part IV—Financial

Division 2—Borrowing powers

77APower to give a guarantee in relation to a contract assigned by the Secretary

Part V—Chief Investigator, Transport Safety

Division 1—Preliminary matters

82Object

82CApplication of definitions to this Part

Division 3—Investigations

84Specific investigation powers—public transport safety matters or marine safety matters

84AChief Investigator, Transport Safety to carry photo identification

84AAProduction of photo identification

84ABChief Investigator, Transport Safety may require persons to attend and answer questions

84BIdentity cards

Division 4—Reports and miscellaneous matters

85Reports to be given promptly to the Minister

85AConsultation before report finalised

85CLimitations on disclosure etc. of information obtained under this Part

85DRelease of information in the interests of transport safety

85DAReports not admissible in evidence

85EChief Investigator, Transport Safety may authorise non-staff members to have access to information

85FConfidential reporting of safety information by transport workers

85HChief Investigator, Transport Safety may ask Commonwealth agency to investigate accident or incident

Part VI—Events affecting public transport

Division 1—General provisions

90No compensation payable

Division 10—Events affecting public transport

192Meaning of event and organiser

193Events to which this Division applies

194Meaning of regular public transport service

195Organiser must give notice of proposed event

196The Head, Transport for Victoria may ask that a public transport plan be submitted

197Public transport plans

198Preparation of public transport plans

199By when public transport plans to be submitted

200The Head, Transport for Victoria may impose fee

201Alternative arrangements if time limited

202The Head, Transport for Victoria may waive or reduce time limits

203Approval of public transport plans

204Consequences of a failure to comply with this Division

Part VII—Prosecutions, enforcement and penalties and other matters

Division 1—Interpretations and application

208Definitions

208AApplication of powers conferred on protective services officers under this Part

Division 2—Transport and ticket infringements

212Transport and ticket infringements

213AAdministrative costs in respect of ticket infringements

214Proof of prior convictions or findings of guilt

214ADifferences in penalties

215Regulations

Division 3—Enforcement provisions—vehicle inspections

216Inspection of motor vehicles

217Powers of officers authorised by the Secretary

217AAdditional inspection power concerning heavy vehicles

Division 3A—Other enforcement provisions

218BPower to require names and addresses

219Power to arrest suspected offenders

220Power to remove offenders

Division 4—Regulation of entitlement to use public transport services

220AAFalse reports to officers

220AOffence to dishonestly obtain a ticket etc.

220BOffence to counterfeit or alter a ticket

220COffence to claim exemption or concession if not entitled

220DHead, Transport for Victoria may determine conditions

220DAConditions relating to overseas student travel

221Unauthorised use or disclosure of public transport movement information

221AARegulations concerning entitlement to use public transport services

Division 4AA—Authorisation of persons for the purposes of enforcement

221AAuthorisation of Departmental authorised officers

221ABAuthorisation of other authorised officers

221BApplication for authorisation

221CQualification requirements

221CATime limits on section 221AB authorisations

221CBScope of authorisation may be limited

221CCNon-compliance with a limit

221DConditions of authorisation

221EChange of conditions

221FNon-compliance with a condition

221FAClarification of places in which certain authorised officers may operate

221GApplication for renewal of authorisation

221HRenewal of authorisation

221IIssue of identity cards

221JInquiry into conduct of authorised officer

221KEffect of suspension

221LRevocation of authorisation

221MTribunal reviews

221NAuthorisations cease to exist in certain circumstances

221OReturn of identity cards

221PLost, stolen or destroyed identity cards to be reported

221QReplacement of identity cards

221ROffence to falsely represent oneself as an authorised officer

221SApplication by proposed employee

Division 4AAA—Transport safety offences

Subdivision 1—Interpretation

221UDefinitions

221VExclusion of mistake of fact defence

221WStatement that mistake of fact defence does not apply not to affect other offences

Subdivision 2—Offences

221XOverdimensional vehicles crossing tracks

221XAPermit for overdimensional vehicles to cross tracks

221XBAdditional charges

221XCRefunds

221XDOffence to fail to comply with permit conditions

221YOperators of overdimensional vehicles crossing tracks without permission also guilty of offence

221ZReasonable steps defence—reliance on container weight declaration

221ZASpecification of vehicle limits and fees for overdimensional vehicles crossing tracks

221ZBAnimals on railway tracks

221ZCPlacing things on tracks

221ZDMounting a place not intended for travel etc.

221ZETravelling in a place not intended for travel etc.

221ZFApplying brake or emergency device

221ZGStopping a rail vehicle or road vehicle

221ZHOperating equipment

221ZIPermitting drainage

Division 4AB—Further offences

222BInterference with prescribed equipment

223Offence to trespass on land or premises of the Head, Transport for Victoria or Rail Track

224Offence to provide false or misleading information

225Offence to assault or obstruct officers etc.

225BOffence to impersonate an officer

225COffence to offer, give, solicit or accept a bribe

226Criminal liability of officers of bodies corporate—failure to exercise due diligence

227Offences by unincorporated bodies, partnerships etc.

227APower of court to require attendance at approved public transport education program

228General penalty

Division 4A—Accreditation of passenger transport companies

228AAObjective

228ABDefinition

228AApplication for accreditation

228BMatters to be considered by Secretary

228CGiving or refusal of accreditation

228DConditions of accreditation

228DAAccredited companies must comply with conditions

228DBOffence to employ or engage authorised officer without accreditation under this Division

228EChange of conditions etc.

228FDuration of accreditation

228GRequirement to notify Secretary about charges, etc.

228HNotifications

228HAAudit of certain books and records of accredited companies for compliance purposes

228IApplication for renewal of accreditation

228JRenewal of accreditation

228KNature of accreditation

228MSecretary not liable for giving accreditation

228NSupervision of accredited companies

228OProcedure and powers

228PImmediate power of suspension

228QEffect of suspension, cancellation or failure to renew

228QAImprovement notices

228QBFormal irregularities or defects in notice

228QCProceedings for offences not affected by improvement notices

228RTribunal reviews

Division 5—Prosecutions and evidentiary provisions

229Prosecutions

230Evidentiary provisions

230ABEvidentiary provision—smartcards

230ACCertificate of authorised officer who operated hand held reader

230ADCertificate in respect of prescribed devices and processes

230AENotice by informant

230AFNotice by accused

230AGInformant may adduce evidence in relation to ticket offence

230AHRegulations

Division 6—Sentences in relation to relevant transport laws

230ERelease on the giving of a safety undertaking

230FVariation or contravention of orders under section 230E

Division 7—Other matters

Subdivision 1—Interpretation

230GDefinitions

Subdivision 2—Liability

230IInteraction with the Occupational Health and Safety Act 2004

Part VIIA—Enforcement and related powers for the Port of Melbourne

Division 1—Preliminary

230KDefinitions

230LAppointment

230MIdentity cards

230NReturn of identity cards

230OProduction of identity card

Division 2—Powers of entry and search of vessels

230PPower to enter and inspect vessels

230QProduction of identity card by port safety officers before vessel searches

230RConsent not needed for inspections

Division 3—Powers of entry and search of premises

230SEntry of premises with consent

230TEntry of premises without consent

230UPowers that may be exercised on entry

230VSecuring a site

230WOffence to enter secured site

Division 4—Provisions as to use of or seizure of equipment or goods

230XUse of equipment to examine or process things

230YCopies of certain things seized to be given

230ZAccess to seized things

230ZARetention and return of seized documents or things

230ZBMagistrates' Court may extend 3 month period

Division 4A—Port safety infringement notices

230ZBAPort safety infringements

230ZBBRegulations

Division 5—General

230ZCRequirement to assist port safety officer during entry

230ZDProtection against self-incrimination

230ZEPersons who may bring proceedings

Part VIII—Miscellaneous and transitional

Division 1—Transfer of powers functions assets liabilities and staff

231Definitions

232Abolition of former Authorities

233Transfer of property liabilities contracts debts causes of actions leases etc. to Corporation

243Contributors to State Employees Retirement Benefits Fund

244Contributors to Superannuation Fund

244AMembers of Transport Superannuation Fund

245Contributors to other funds

246Country Roads Board

Division 1A—Transitional provisions

246ATransport Acts (Amendment) Act 1997

246BRail Corporations (Further Amendment) Act 1998

246CRail Corporations and Transport Acts (Amendment) Act 1999

246CAARail Safety Act 2006—Authorised officers for drug and alcohol testing

Division 1B—Validation

246CADefinitions

246CBAuthorized officers for the purposes of sections 212 and 213 appointed by MTA and STA

246CCAuthorised officers for the purposes of Division 2 of Part VII appointed by PTC

246CDAuthorised officers for the purposes of section Division 2 of Part II appointed by Secretary

246CEAuthorized officer for the purposes of section 218 appointed by the MTA or STA

246CFAuthorized officer for the purposes of section 218 or 218B appointed by the PTC under section 218(1)

246CGAuthorised officers for the purposes of section 218B appointed by PTC under that section

246CHAuthorised officers for the purposes of section 218B by Secretary

246CIOfficers of the MTA and STA authorized for the purposes of section 219(2) or (4)

246CJOfficers of the PTC authorised for the purposes of section 219(2), (4) or (7)

246CKOfficers of the PTC authorised for the purposes of section 219A

246CLRelevant employees and authorised officers for the purposes of section 219

246CMAuthorised persons for the purposes of section 219AA

246CNAuthorised persons, authorised officers and relevant employees for the purposes of section 220

246COAuthorized persons for the purposes of section 221 authorized by MTA or STA

246CPAuthorized persons for the purposes of section 221 authorized by PTC

246CQAuthorized persons for the purposes of section 221 authorised by the Secretary

246CRAuthorised officers for the purposes of section 221AA

246CSExamples of things validated

246CTAccreditations under Division 4A of Part VII

246CUProsecutorial authorisations by the MTA or STA

246CVProsecutorial authorisations by the PTC

246CWProsecutorial authorisations by the Secretary

246CXOnly things done or purported to have been done under a purported authorisation and appointment validated

246CYEvidence

246CZDelegations generally in relation to authorisations

246CZADelegations generally in relation to accreditations

246CZBIncorrect delegations purportedly under section 6B

246CZCNo proceedings may be brought

246CZDPreservation of rights only in certain proceedings

Division 1C—Wheelchair accessible taxi-cab fixed term licence fee instalment amounts

246CZEDefinitions

246CZFInstalment amounts for licence fees for WAT fixed term licences changed

246CZGSet off of excess licence fee payments

246CZHRevocation of 2014 amending Order

Division 2—Miscellaneous

246DTemporary authorisations for the purposes of Division 4AA of Part VII

246ETemporary authorisation for the purposes of sections 211 and 218B

249Head, Transport for Victoria need not fence

249BRegulations with respect to services operated by a passenger transport company etc.

250Service of documents on natural persons

251Service of documents on corporations

251ASale of lost property found in or on public transport property

251BNuisances and noise emissions

252Determination of differences

253Revocation of reservations for tramways purposes

253ARevocation of part of Melbourne Park Reservation for tramways purposes

253BFurther revocation of reservations for tramways purposes

253CRe-reservation of certain land for Yarra Park

253DRegistrar of Titles to make necessary amendments

254Acts etc. deemed performed by Road Traffic Authority

254ARepeal of Part IIA

254BTransitional provision—Effect of repeal of Part IIA

255ASupreme Court—limitation of jurisdiction

255BSupreme Court—limitation of jurisdiction

255CSupreme Court—limitation of jurisdiction

255DSupreme Court—limitation of jurisdiction

255ESupreme Court—limitation of jurisdiction

255FSupreme Court—limitation of jurisdiction

256Regulations

Division 3—Transitional and savings provisions—Transport (Further Amendment) Act 2001

257Definitions

258Transfer of rights and liabilities etc. of PTC to the Secretary on behalf of the Crown

259List of staff to be transferred

260Transfer of staff of PTC

261Savings provision—assignments

262Savings provision—guarantees

263Transitional provision—Power to amend or grant further guarantee on assignment of contract

Division 4—Savings and transitional provisions—Transport (Rights and Responsibilities) Act 2003

264Commencement date

265Continuation of Departmental authorisations

266Continuation of Roads Corporation authorisations

267Continuation of passenger transport and bus company employee authorisations

Division 5—Transitional provisions—Transport Legislation (Further Amendment) Act 2006

268Definitions

269Old certificates deemed to be accreditations

270Saving of accreditations granted by Secretary

271Saving of agreements etc.

Division 6—Transitional provisions—Transport (Taxi-cab Accreditation and Other Amendments) Act 2006

272Taxi-cab accreditation

273Assignments

Division 7—Transitional provisions—Transport Legislation Amendment (Driver and Industry Standards) Act 2008

274Accreditations

Division 8—Transitional provisions—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009

275Transitional provision—direction to provide reasonable assistance

276Transitional provision—direction to state name and address

Division 9—Transitional provisions—Part 2 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011

Subdivision 1—Preliminary

277Definitions

Subdivision 2—Property transfers

278Minister may direct transfer of DPT property etc. to Secretary

279Property etc. transferred in accordance with direction

280Allocation of property etc. subject to encumbrances

281Substitution of party to agreement

282Former DPT instruments and agreements

283Proceedings

284Interests in land

285Action by Registrar of Titles

286Taxes

287Evidence

288Validity of things done under this Subdivision

Subdivision 3—Administrative and regulatory function transfers

289General transitional provisions

290Regulatory instruments

291Pending applications for accreditation

292Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations

293Disciplinary action taken against accredited persons

294Surrender of accreditations

295Application for commercial passenger vehicle licences

296Cancellation or alteration of licences

297Transfer of licences

298Assignments

299Substitution of vehicle where licensed vehicle undergoing repair

300Substitution of licensed vehicle

301Cancellation of licence for vehicles

302Revocation or suspension of licence, permit or certificate

303Application for driver accreditation

304Application for renewal of driver accreditation

305Actions Director may take in relation to holders of driver accreditations

306Pending applications for authorisations

307Pending applications for renewal of authorisations

308Identity cards of authorised officers

309Inquiries into conduct of authorised officers

310Pending applications for a certificate

311Pending applications for accreditation

312Change of accreditation conditions on application of accredited company

313Change of accreditation conditions on initiative of Director

314Pending applications for renewal of authorisations

315Supervision of accredited companies

316Proceedings

317References to the Director—certain statutory instruments

318Transitional regulations

Division 10—Transitional provisions—Part 3 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011

Subdivision 1—Preliminary

319Definitions

Subdivision 2—Property transfers

320Minister may direct transfer of property of Secretary etc. to TSC

321Property etc. transferred in accordance with direction

322Allocation of property etc. subject to encumbrances

323Substitution of party to agreement

324Former Secretary instruments and agreements

325Proceedings

326Interests in land

327Action by Registrar of Titles

328Taxes

329Evidence

330Validity of things done under this Subdivision

Subdivision 3—Administrative and regulatory function transfers

331General transitional provisions

332Regulatory instruments

333Pending applications for accreditation

334Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations

335Disciplinary action taken against accredited persons

336Surrender of accreditations

337Application for commercial passenger vehicle licences

338Cancellation or alteration of licences

339Transfer of licences

340Assignments

341Substitution of vehicle where licensed vehicle undergoing repair

342Substitution of licensed vehicle

343Cancellation of licence for vehicles

344Revocation or suspension of licence, permit or certificate

345Application for driver accreditation

346Application for renewal of driver accreditation

347Actions Secretary may take in relation to holders of driver accreditations

348Proceedings

349References to the Secretary—certain statutory instruments

350Transitional regulations

Division 11—Transitional provisions—Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014

351Definitions

352Continuation of Public Transport Fund

353Specification of money to be transferred

354Transfer of money and abolition of old fund

355References to old fund

Division 12—Transitional provisions—Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016

356Continuation of protection for persons who have paid on-the-spot penalty fares

357Allocation of on-the-spot penalty fares

Division 13—Transitional provisions—Commercial Passenger Vehicle Industry Act 2017

358Restricted hire vehicle licences taken to be hire car licences

359Special purpose vehicle licences taken to be hire car licences

360Taxi-cab licences

361Accredited providers of taxi-cab network services

Division 14—Transitional provisions—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019

362Permissions for overdimensional vehicles

363Fees and further charges

Division 15—Savings and transitional arrangements—Transport Legislation Amendment Act 2019

364Application of Interpretation of Legislation Act 1984

Division 16—Savings and transitional arrangements—Transport Legislation Amendment Act 2023

365Directions of the Minister under section 221

Schedules

Schedule 7––Covenants to be included in deed of assignment

Schedule 9––Partial revocation of reservation on Yarra Park Land

Schedule 10––Partial revocation of reservation on Yarra Park Land

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 227

Transport (Compliance and Miscellaneous) Act 1983

No. 9921 of 1983

Version incorporating amendments as at

6 August 2025

An Act to Re-enact with Amendments the Law relating to Transport including the Law with respect to Railways, Roads and Tramways, to repeal the Country Roads Act 1958, the Melbourne and Metropolitan Tramways Act 1958, the Ministry of Transport Act 1958, the Railway Lands Acquisition Act 1958, the Railways Act 1958, the Road Traffic Act 1958, the Transport Regulation Act 1958, the Melbourne Underground Rail Loop Act 1970, the Recreation Vehicles Act 1973, the Railway Construction and Property Board Act 1979 and certain other Acts, to make consequential amendments to various Acts and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART I—PRELIMINARY

1Short title and commencement

(1)This Act may be cited as the Transport (Compliance and Miscellaneous) Act 1983.

(2)The several provisions of this Act shall come into operation or be deemed to have come into operation as follows—

(a)section 246 shall be deemed to have come into operation on 5 May 1983;

(b)Division 7 of Part VI shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette; and

(c)the remaining provisions of this Act shall come into operation on 1 July 1983.

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2Definitions

(1)In this Act unless inconsistent with the context or subject-matter—

accredited bus operator has the same meaning as it has in section 3(1) of the Bus Safety Act 2009;

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appointed day means 1 July 1983;

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booking service has same meaning as in the Commercial Passenger Vehicle Industry Act 2017;

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bus has the same meaning as it has in section 3(1) of the Bus Safety Act 2009;

Bus Association Victoria means the incorporated association registered as Bus Association Victoria Inc. (registration number A0023338R);

bus company means a person or body that is a party to a contract with the Crown or the Secretary on behalf of the Crown or the Head, Transport for Victoria, for the provision of any transport services (including a service contract within the meaning of the Bus Services Act 1995) but does not include a person or body that is a passenger transport company;

bus service has the same meaning as it has in section 3(1) of the Bus Safety Act 2009;

business day means a day that is not—

(a)a Saturday or a Sunday; or

(b)a day that is wholly or partly observed as a public holiday throughout Victoria;

Chief Executive of Safe Transport Victoria means the person appointed as the Chief Executive of Safe Transport Victoria under section 115H of the Transport Integration Act 2010;

Chief Investigator, Transport Safety has the same meaning as it has in section 3 of the Transport Integration Act 2010;

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Commonwealth means Commonwealth of Australia;

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Department means the Department of Transport and Planning;

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entitlement to use a public transport service includes an entitlement to use a public transport service arising under a contract or arrangement with, or under a licence or permission given by, the Head, Transport for Victoria or a bus company or passenger transport company;

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former Corporation means the Public Transport Corporation established under Division 3 of Part 2 of the Transport Act 1983 as in force immediately before the commencement of section 9 of the Transport (Further Amendment) Act 2001;

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

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improvement notice

has the same meaning

as in the Transport (Safety Schemes Compliance and Enforcement) Act 2014;

land includes any estate, interest, easement, servitude, privilege or right in or over land and strata above or below the surface of land and easements and rights to use strata above or below the surface of land;

licensing authority means Safe Transport Victoria;

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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;

(ii)impose, vary or revoke a condition on an accreditation of an accredited bus operator;

(iii)vary an accreditation of an accredited bus operator;

(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;

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;

(b)a decision of Safe Transport Victoria or 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;

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marine safety matter has the same meaning as it has in section 3 of the Transport Integration Act 2010;

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officer means a person for the time being employed in the Department;

passenger service has the same meaning as in the Rail Management Act 1996;

passenger transport company means—

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(d)V/Line Corporation; or

(e)a train operator; or

(f)a tram operator; or

(g)a person or body specified in an Order under subsection (2A), subject to any terms and conditions specified in that Order;

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police officer has the same meaning as in the Victoria Police Act 2013;

port safety officer means a person appointed under section 230L;

prescribed means prescribed by this Act or the regulations;

prohibition notice has the same meaning as in the Transport (Safety Schemes Compliance and Enforcement) Act 2014;

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public transport property means property that is used by a passenger transport company in the provision of a passenger service or by a bus company in the provision of transport services;

public transport safety matter has the same meaning as it has in section 3 of the Transport Integration Act 2010;

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rail corporation has the same meaning as in the Rail Management Act 1996;

rail freight operator means—

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(b)a person or body specified in an Order under subsection (2B), subject to any terms and conditions specified in that Order;

rail infrastructure has the same meaning as in the Rail Management Act 1996;

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

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road includes bridge, culvert, ferry and ford;

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Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

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Secretary means the Secretary to the Department;

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Southern Cross Station means those parts of the Southern Cross Station precinct that are declared to be the Southern Cross Station by Order under section 57(1);

Southern Cross Station precinct means the land hatched on the plan in Schedule 2 to the Rail Corporations Act 1996 as in force immediately before the commencement of section 7 of the Transport Legislation General Amendments Act 2009;

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the Loop means the rail tracks and ancillary worksauthorised to be constructed pursuant to the Melbourne Underground Rail Loop Act 1970;

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

tram infrastructure has the same meaning as in the Rail Management Act 1996;

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

transport safety officer means a person appointed under section 228T;

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Treasurer means the Treasurer of Victoria;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

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(2)Where a word or phrase is given a particular meaning in this Act, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings.

(2A)The Governor in Council, by Order published in the Government Gazette, may declare that a person or body specified in the Order, being a person or body that has entered into a contract with the Crown or the Secretary on behalf of the Crown or the Head, Transport for Victoria for the provision by that person or body of a passenger service, is, on and from a date specified in the Order and subject to any terms and conditions specified in the Order, a passenger transport company for the purposes of this Act.

(2B)The Governor in Council, by Order published in the Government Gazette, may declare that a person or body specified in the Order, being a person or body that operates rail freight services, is, on and from a date specified in the Order and subject to any terms and conditions specified in the Order, a rail freight operator for the purposes of this Act.

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

(a)is a party to a lease of rail infrastructure (within the meaning of the Rail Management Act 1996) by the Head, Transport for Victoria or Rail Track or the Southern Cross Station Authority; or

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

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

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

(a)is a party to a lease of tram infrastructure (within the meaning of the Rail Management Act 1996) by the Head, Transport for Victoria or Rail Track or the Southern Cross Station Authority; or

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

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

(3)If under the Public Administration Act 2004 the name of the Department of Transport, Planning and Local Infrastructure is changed, the reference in the definition of Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

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2ATransport Integration Act 2010

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

PART II—ADMINISTRATION

Division 1—The Department

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Subdivision 1—General

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7Minister may make use of services of officers etc. of public service or public entities

For the purposes of this Act the Minister administering this Act with the consent of the Minister administering the Department concerned or (as the case requires) of the body concerned may make use of the services of any officer or employee of the public service or a public entity subject to the agreement of that officer or employee.

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Subdivision 4—Provisions relating to passenger services

10Priority of passenger services

(1)If—

(a)an agreement relating to the provision or operation of passenger services between the Head, Transport for Victoria and a train operator provides for the Head, Transport for Victoria to require or approve a change in the timetable for a passenger service provided by the train operator; and

(b)in accordance with that agreement the Head, Transport for Victoria requires or approves a timetable change; and

(c)in order to provide the passenger service to which the timetable change relates, the train operator requires use of rail transport services or declared rail transport services; and

(d)the train operator is—

(i)a party to an agreement relating to the provision of those rail transport services or declared rail transport services; or

(ia)an access provider bound by a binding access arrangement relating to the provision of those rail transport services or declared rail transport services; or

(ii)an access provider bound by a dispute resolution decision relating to the provision of those rail transport services or declared rail transport services—

then—

(e)the person that is the operator for the purposes of Part 2A of the Rail Management Act 1996 of the rail infrastructure used to provide those rail transport services or declared rail transport services (in this section referred to as the rail infrastructure operator) must provide the train operator with such services as are necessary to enable the train operator to provide the passenger service in accordance with the timetable change; or

(f)if the train operator and the rail infrastructure operator are the same person, the train operator may use those services to the extent necessary to enable the train operator to provide the passenger service in accordance with the timetable change.

(2)Subsection (1) applies even if the use by the train operator of the rail transport services and declared rail transport services may—

(a)interfere with an existing use by the rail infrastructure operator of the rail transport services or declared rail transport services for the provision by that operator of a rail transport service other than a passenger service or a service that is predominantly a passenger service (in this section referred to as a non-passenger service); or

(b)interfere with an existing right of another person to use the rail transport services or declared rail transport services (as the case may be) to provide a non-passenger service.

(3)Subsection (1) is subject to—

(a)any existing use by the rail infrastructure operator of the rail transport services or declared rail transport services for the provision of, or predominantly for the provision of, a passenger service by that operator; or

(b)any existing right of a train operator to use the rail transport services or declared rail transport services for the provision of, or predominantly for the provision of, a passenger service.

(4)Nothing in subsection (2) or (3) affects any provision of an agreement or a dispute resolution decision referred to in subsection (1)(d) relating to a right to use rail transport services or declared rail transport services referred to in subsection (2)(b) or (3)(b) which specifies the respective rights or obligations of—

(a)in the case of an agreement, binding access arrangement, the parties to the agreement; or

(ab)in the case of a binding access arrangement, the access provider and any access seeker; or

(b)in the case of a dispute resolution decision, the parties bound by that decision—

as a result of—

(c)any interference with an existing use or right arising from the operation of this section; or

(d)the Head, Transport for Victoria requiring or approving a timetable change in accordance with an agreement referred

to in subsection (1)(a).

(5)Subject to the terms of any agreement, binding access agreement, or a dispute resolution decision relating to a right referred to in subsection (2)(b), if the operation of this section interferes with that right, the rail infrastructure operator must use all reasonable endeavours to provide alternative rail transport services or declared rail transport services (as the case requires) to the person whose right to use those services is interfered with so as to minimise that interference.

(6)In deciding whether to require or approve a timetable change in accordance with an agreement referred to in subsection (1)(a), the Head, Transport for Victoria must have regard to the objective of ensuring that the provision

of a passenger service has priority over any non‑passenger service unless, in the particular circumstances, the interference with a non‑passenger service resulting from according that priority would in the opinion of the Head, Transport for Victoria be serious and unreasonable.

(7)In this section access provider, access seeker, binding access arrangement, dispute resolution decision, rail transport service and declared rail transport service have the meanings given to them under section 38A of the Rail Management Act 1996.

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12Financial assistance to train drivers following fatal incidents

(1)The Secretary must grant to a train driver employed or engaged by a train operator an amount of financial assistance equal to the prescribed amount if the Secretary is satisfied that the train driver is eligible under this section to be awarded that amount.

(2)A train driver is eligible under this section to be awarded financial assistance if—

(a)a train is involved in an incident in which one or more persons die either by being struck by the train or by being in a vehicle struck by the train and the train driver is—

(i)driving the train; or

(ii)rostered for work and in the driver's cabin of the train with the authority of the train operator; and

(b)the incident occurred on or after the commencement of section 9 of the Transport Legislation Amendment Act2007.

(3)A train driver is not eligible for financial assistance under this section if the train driver was convicted or found guilty of an offence under Part 4A of the Rail Safety National Law Application Act 2013 or Division 9 of Part 3 of the Rail Safety National Law (Victoria) involving alcohol or drugs in relation to the incident.

(4)The financial assistance granted under this section must be paid out as a lump sum.

(5)Despite anything to the contrary in the Accident Compensation Act 1985 or the Transport Accident Act 1986, a grant of financial assistance under this section is not to be taken into account in determining any amount of compensation, assistance or payment of any kind that the train driver is entitled to receive under either of those Acts.

Note

The financial assistance that a train driver has been awarded or is eligible to be awarded under this section is to be taken into account to reduce the amount of financial assistance awarded to the train driver under the Victims of Crime Assistance Act 1996 (see section 16(ac) of that Act) or paid to the train driver under the Victims of Crime (Financial Assistance Scheme) Act 2022 (see section 18(1)(a)(iii) of that Act).

(6)In this section the prescribed amount of financial assistance is $1300 or any higher amount that is prescribed as the maximum amount for the purposes of section 11 of the Victims of Crime (Financial Assistance Scheme) Act 2022 in relation to a category C act of violence.

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PART III—POWERS OF THE CORPORATION

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43Special acquisition powers of Rail Track with respect to the Loop

(1)Rail Track may—

(a)purchase or, with the approval of the Minister, compulsorily acquire any land in the City of Melbourne shown hatched in Schedule 3 to the Melbourne Underground Rail Loop Act 1970;

(b)purchase any land in the City of Melbourne shown hatched in Schedule 4 to the Melbourne Underground Rail Loop Act 1970 and, with the approval of the Minister, compulsorily acquire the right, title or interest in any street, lane or road set out on that land.

(2)Notwithstanding anything in this or any other Act, compensation shall not be payable by Rail Track in respect of any lands used by that Corporation to complete the construction of the Loop under, over or upon any lands comprised in any public or private road, street or way or any public place or any lands vested in or controlled by any person or body corporate or unincorporate for public purposes.

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54Provisions as to proposed developments along the line of the Loop

(1)Any person who proposes to develop any land along or in the immediate proximity of the Loop shall before commencing the development and without in any way limiting his obligation under any other Act to obtain any other approval or consent submit to Rail Track full details of his proposed development and shall comply with any conditions imposed by Rail Track which it thinks may be necessary for the protection of the Loop or the proposed development.

(2)If in the case of any development there is a breach of subsection (1), Rail Track may by notice in writing to the owner of the land to which the breach relates require—

(a)the demolition of the whole or any part of any structure;

(b)the making of any additions or extensions to or alterations of any structure; or

(c)the carrying out of any other work upon above or below the surface of the land which Rail Track thinks may be necessary for the protection of the Loop or the development.

(3)A notice given pursuant to subsection (2) shall specify a day (being, except in the case of an emergency, not less than 30 days after the day on which it is given) before which the notice is to be complied with.

(4)If any notice given pursuant to subsection (2) is not complied with by the day so specified, Rail Track may without any further notice enter upon the land and carry out the works required by the notice.

(5)The costs and expenses of carrying out any work pursuant to subsection (4) shall be a civil debt recoverable summarily by Rail Track from the owner of the land in any court of competent jurisdiction.

(6)Nothing in this section shall limit any rights of Rail Track to have any development restrained in consequence of a breach of this section or otherwise.

(7)In this section develop any land means erect or demolish any structure in or upon the land, alter any such structure substantially or excavate the land.

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56Regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)generally regulating and controlling the carrying out of any works or undertaking by the Head, Transport for Victoria, a passenger transport company or rail freight operator;

(b)prohibiting conduct in relation to, or regulating the conduct of anyone in Southern Cross Station or in or on, any vehicle or place belonging to, or under the control of, Rail Track, the Head, Transport for Victoria, a passenger transport company, a rail freight operator or a bus company, including, for example, prohibiting or regulating the following conduct on the vehicle or place—

(i)littering;

(ii)gambling;

(iii)graffiti;

(iv)damage to property;

(v)the possession of open containers of liquor or containers that purport to contain liquor;

(vi)the crossing of railway tracks and tramway tracks in specified circumstances;

(ba)providing for the removal and disposal of open containers of liquor, or containers that purport to contain liquor, in or on a vehicle or place referred to in paragraph (b);

(c)preventing interference with or damage to Southern Cross Station or any property, works or undertaking in Southern Cross Station or belonging to or under the control of the Head, Transport for Victoria, a passenger transport company or rail freight operator;

(ca)preventing interference with or damage to any vehicle belonging to or under the control of a bus company;

(d)prohibiting the discharge of sewage or drainage onto Southern Cross Station or any land or premises the property of the Head, Transport for Victoria or Rail Track;

(e)preventing trespassing upon Southern Cross Station or any land or premises the property of the Head, Transport for Victoria or Rail Track or under the control of the Secretary or the Head, Transport for Victoria or of a passenger transport company or rail freight operator;

(f)excluding or removing persons, animals or vehicles or specified classes of persons, animals or vehicles from Southern Cross Station or any land or premises the property of the Head, Transport for Victoria or Rail Track or under the control of the Secretary or the Head, Transport for Victoria or of a passenger transport company or rail freight operator;

(g)prescribing the persons or classes of persons permitted to leave vehicles standing in Southern Cross Station or upon any parking area provided by the Head, Transport for Victoria and the periods for which and the conditions under which vehicles may be so left standing;

(ga)in relation to the parking of vehicles in Southern Cross Station or on any place belonging to, or under the control of, Rail Track, a passenger transport company, a rail freight operator or a bus company—

(i)regulating the circumstances in which vehicles may be parked or removed, including, for example—

(A)specifying the conditions and restrictions to which the parking or removal is subject, or to which it may be made subject (including the payment of fees and whether operator onus applies under Part 6AA of the Road Safety Act 1986);

(B)providing for different provisions or conditions and restrictions to apply to different areas of the place;

(ii)providing for signs and marks, and for control devices such as barriers and devices to restrict entry or exit;

(iii)specifying the legal effects of signs, marks and devices, and the evidence that is sufficient to prove their existence and effect;

(iv)providing for authorised officers to require an occupant, or an intending occupant, of a vehicle that is at or has just left the place to produce evidence that any condition or restriction applying to parking at or removal from that place has been complied with, regardless of where the person is at the time the requirement is made;

(v)providing for the person in control of the place, any person acting on behalf of that person and authorised officers to give directions to the owner or driver of a vehicle in relation to the parking of the vehicle at, or removal of the vehicle from, the place (including directions that the vehicle not be parked at the place, or that the vehicle be removed from the place, or that a vehicle that has just left the place must stop), regardless of whether the owner or driver is in the vehicle, and regardless of where the person giving the direction is at the time the direction is given, and regardless of whether the vehicle is at or has just left the place at the time the direction is given;

(vi)authorising the person in control of the place, a person acting on behalf of that person or an authorised officer, to do anything that is necessary to enable the enforcement of regulations made under this paragraph;

(h)regulating and controlling the placing by persons of refuse, rubbish or other materials in Southern Cross Station or on land or premises the property of the Head, Transport for Victoria or Rail Track or under the control of the Secretary or the Head, Transport for Victoria or of a passenger transport company or rail freight operator and the removal from such land or premises of refuse, rubbish or other materials;

(i)the filling up by the Head, Transport for Victoria of any excavation made by any person on land the property of the Head, Transport for Victoria;

(j)the recovery by the Head, Transport for Victoria in the Magistrates' Court from the persons responsible of expenses incurred by the Head, Transport for Victoria in removing refuse, rubbish or material placed on land or premises the property of the Head, Transport for Victoria or in filling up any excavation made by any person on land the property of the Head, Transport for Victoria in contravention of regulations made under this Part;

(k)regulating and controlling noise and other emissions from Southern Cross Station or land the property of the Head, Transport for Victoria or Rail Track or under the control of the Secretary or the Head, Transport for Victoria or of a passenger transport company or rail freight operator and the manner of recording and measuring any noise or emission and the instruments to be used therefor;

(l)the conditions upon which passengers and goods shall be carried or other services provided and prohibiting the carriage or delivery for carriage of dangerous goods other than dangerous goods within the meaning of the Dangerous Goods Act 1985 where that Act deals with their carriage or delivery for carriage;

(m)the requirements to be observed and the precautions to be taken in connexion with the carriage or delivery for carriage of dangerous goods other than dangerous goods within the meaning of the Dangerous Goods Act 1985 where that Act deals with their carriage or delivery for carriage;

(ma)prohibiting entry onto Southern Cross Station or any specified land or premises the property of a passenger transport company or Rail Track by persons not holding a ticket authorising that entry;

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(p)regulating the disposal of unclaimed goods and the passing of title therein;

(q)regulating the manner of crossing any line of railway on the level and prescribing the charges to be demanded in respect of any such crossing; and

(r)generally prescribing any matter or thing that by this Part or Division 4, 4AA or 4A of Part VII is authorized or required or permitted to be prescribed or that is necessary to be prescribed for carrying out or giving effect to this Part or Division 4, 4AA or 4A of Part VII or giving effect to the powers conferred on a passenger transport company, Rail Track or the Head, Transport for Victoria by this Part or on the Secretary by Division 4, 4AA or 4A of Part VII.

(2)The Governor in Council may make regulations for or with respect to—

(a)regulating or prohibiting the digging up of any road;

(b)prohibiting the driving, drawing or carrying over any road of a greater mass than that fixed by the Secretary;

(c)preventing interference with or damage to the soil, pavement flags, sods or other materials of any road or any fence on any road or any scrapings of any road or sand on any road;

(d)prohibiting the discharge onto any road of sewage or drainage;

(e)preventing interference with or damage to any guide-post, bridge hand-rail, sign, notice, light or other fixture or equipment situated or placed upon any road;

(f)regulating or prohibiting the making of any building, hedge, ditch, fence, hole, heap, drain or obstruction on, across or in any road;

(g)keeping any road clear from all seedlings, suckers and other off-sets from any hedge or live fence and preventing any branch thereof from overhanging the road;

(h)regulating or prohibiting the erection and construction of hoardings on or in the vicinity of declared roads or regulating, restricting, preventing or controlling the exhibition of advertisements on or in the vicinity of declared roads;

(i)requiring the droving of live stock along stock routes and prohibiting or regulating the droving of live stock along roads or the carriageway of roads in cases where roads or sections thereof in the vicinity of those roads or where parts of those roads have been proclaimed to be stock routes;

(j)prohibiting or regulating excavating and blasting operations in the vicinity of any road;

(k)prohibiting or regulating the removal of grass growing on any road or the seed of such grass;

(l)preventing the cutting, breaking, barking, rooting up or otherwise destroying, damaging or removing of the whole or any part of any tree, sapling, shrub, underwood or timber in or upon any road without the written permission of the Head, Transport for Victoria;

(m)conferring upon the Head, Transport for Victoria with respect to roads any right, power, protection, privilege or obligation relating to the construction, improvement or maintenance of roads conferred upon a municipal council by any Act relating to local government;

(n)impounding cattle which are on any part of any State highway, main road, freeway, tourists' road or metropolitan bridge;

(o)preventing a municipal council from causing to be sealed any plan of subdivision of land abutting on a freeway or a proposed freeway except with the consent in writing of the Head, Transport for Victoria or, in any case where the Head, Transport for Victoria has failed or refused so to consent, of the Governor in Council;

(p)the manner of entering, crossing or leaving any freeway;

(q)prohibiting or regulating the taking or entering or being upon any freeway of any animal;

(r)the removal of dead animals or of vehicles abandoned or left standing on any land or premises the property of the Head, Transport for Victoria or on any part of a declared road or any other road maintained by the Head, Transport for Victoria and the recovery of the cost of their removal and regulating the storage and disposal of such vehicles and the passing of title therein and providing for the recovery of the cost of their storage and disposal;

(s)permitting or prohibiting the use of freeways or any freeway or any class of freeways by traffic or any class of traffic;

(t)prohibiting or regulating the parking of vehicles on freeways or any freeway or any class of freeways;

(u)generally providing for the control, management and proper use of freeways;

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(z)regulating the use of roadside reserves and requiring such charges as are approved by the Minister to be paid by persons using roadside reserves or facilities on roadside reserves.

(3)Regulations made under this Part—

(a)may be of general or of specially limited application;

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

(c)may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Head, Transport for Victoria or any government department, municipal council or other public authority or by any officer thereof or, in the case of regulations relating to subsection (1)(ga), by a passenger transport company or by any officer thereof;

(d)may confer powers or impose duties in connexion with the regulations on the Head, Transport for Victoria or passenger transport company or bus company or any government department, municipal council, responsible authority under the Planning and Environment Act 1987 or other public authority or on any officer thereof or on the owner or occupier of any land, building or premises or on any other person whomsoever;

(e)may apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act, as in force at a particular time or as in force from time to time;

(f)may appoint fees which may be charged and received by the Head, Transport for Victoria or passenger transport company or bus company for any permit which may be granted under the regulations by the Head, Transport for Victoria, that passenger transport company or bus company;

(g)may provide that an application may be made to the Tribunal for review of a decision of the Head, Transport for Victoria or for a declaration concerning the validity of any such decision; and

(h)may impose a penalty not exceeding 20 penalty units for any contravention of or failure to comply with the regulations.

(3A)A reference in subsection (1) to—

(a)a passenger transport company is a reference to such a company only in its capacity as a provider of a passenger service; and

(ab)a bus company is a reference to such a company only in its capacity as a provider of transport services; and

(b)a rail freight operator is a reference to such an operator only in its capacity as an operator of rail freight services—

and regulations cannot be made under that subsection that have any effect in relation to such a company or operator in the performance by it of any other function or the exercise by it of any other power.

(4)A reference in subsection (2)—

(a)to a road includes a road under construction; and

(b)to land the property of the Head, Transport for Victoria includes land taken or used by the Head, Transport for Victoria on which a highway is proposed to be or is being constructed.

(5)A reference to parking in subsection (1)(ga) includes a reference to leaving a vehicle standing.

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57Declaration of Southern Cross Station for purposes of regulations

(1)The Governor in Council may, by notice published in the Government Gazette, declare a part of the Southern Cross Station precinct to be the Southern Cross Station.

(2)A declaration under subsection (1) may be by reference to a map.

PART IV—FINANCIAL

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Division 2—Borrowing powers

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77APower to give a guarantee in relation to a contract assigned by the Secretary

(1)Where—

(a)the rights and liabilities of the former Corporation under the relevant contract have been transferred to or vested in the Secretary on behalf of the Crown, whether by an assignment or an allocation or by any other operation of law; and

(b)those rights and liabilities under that contract are subsequently assigned to another person—

the Treasurer may give a guarantee, in favour of any person, guaranteeing the due performance of any obligations of the person to whom the rights and liabilities under the relevant contract are assigned, being obligations arising under the relevant contract.

(2)Where—

(a)the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person; and

(b)the obligations of the first-mentioned person under the relevant contract have been guaranteed under subsection (1)—

the Treasurer may give a guarantee, in favour of any person, guaranteeing the due performance of any obligations of the second-mentioned person arising under the contract.

(3)Where—

(a)the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person; and

(b)the obligations of the first-mentioned person under the relevant contract have been guaranteed under subsection (1)—

the Treasurer may amend any guarantee given by him or her under subsection (1) so that it extends to guaranteeing the due performance of any obligations of the second-mentioned person under the relevant contract.

(4)Any sums required by the Treasurer for fulfilling any guarantee given by him or her under this section must be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the Treasurer from the person whose obligations are guaranteed, in respect of any sums so paid by the Treasurer, must be paid into the Consolidated Fund.

(5)In this section relevant contract means the service contract entered into between the former Corporation and OneLink Transit Systems Pty Ltd ACN 059 733 443 with effect from 24 May 1994 as amended, varied and restated from time to time.

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PART V—CHIEF INVESTIGATOR, TRANSPORT SAFETY

Division 1—Preliminary matters

82Object

The object of this Part is to improve public transport and marine safety by providing for the independent investigation of public transport safety matters and marine safety matters.

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82CApplication of definitions to this Part

(1)In this Part, the expressions rail infrastructure, rail safety work and rolling stock have the same meanings as in section 4(1) of the Rail Safety National Law (Victoria).

(2)In this Part, the expression vessel has the same meaning as in section 3(1) of the Marine Safety Act 2010.

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

Division 3—Investigations

84Specific investigation powers—public transport safety matters or marine safety matters

For the purposes of this Part, Part 2 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 as in force immediately before the commencement of Part 3 of the Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019 applies—

(a)as if a reference in that Part—

(i)to public transport premises includes a reference to any place where an incident involving a bus occurred and where the bus, or anything that is, or that is possibly, relevant to an investigation into the incident, is still present; and

(ii)to compliance and investigative purposes were a reference to the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter; and

(iii)to a transport safety officer were a reference to the Chief Investigator, Transport Safety; and

(iv)to Safe Transport Victoria were a reference to the Chief Investigator, Transport Safety; and

(b)as if for the purpose of the application of Part 2, in section 3 there were inserted the following definition after the definition of Secretary—

"specified person means—

(a)a rail transport operator; or

(b)an operator of any bus service; or

(c)an employee of a rail transport operator; or

(d)a driver of a bus used to provide a bus service; or

(e)a contractor of a rail transport operator; or

(f)a procurer of a bus service within the meaning of the Bus Safety Act 2009; or

(g)a rail safety worker; or

(h)a bus safety worker; or

(i)a utility; or

(j)an employee of a utility; or

(k)a works contractor within the meaning of section 85 of the Electricity Industry Act 2000, section 48A of the Road Management Act 2004, section 137A(4) of the Water Act 1989; or

(l)a person authorised in writing by a gas distribution company or gas transmission company under section 148(7) or 149(6) of the Gas Industry Act 2001;

(m)a person whom the Chief Investigator believes on reasonable grounds may be able to provide information, documents or assistance for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter;"; and

(c)as if for section 8(1)(i) there were substituted—

"(i)seize any thing (including a document)—

(i)at the premises or in a road vehicle at the premises; or

(ii)on the rolling stock, bus or vessel—

if the Chief Investigator reasonably believes that seizure of the thing is necessary for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter;"; and

(d)as if for section 8(1)(m) there were substituted—

"(m)exercise any power that is reasonably necessary to be exercised by the Chief Investigator for the purposes of an investigation into a public transport safety matter or a marine safety matter."; and

(e)as if for section 12(3) there were substituted—

"(3)The Magistrates' Court may order such an extension if satisfied that the continued detention of a vessel is necessary—

(a)for the purposes of an investigation into a marine safety matter; or

(b)because the vessel is, or is likely to be, required for the purposes of an investigation into a marine safety matter."; and

(f)as if in section 13(2)(a) for "this Act or a transport safety or infrastructure law" there were substituted "this Part"; and

(g)as if in section 14(2) for "determining whether a provision of this Act or a transport safety or infrastructure law has been contravened" there were substituted "an investigation into a public transport safety matter or marine safety matter"; and

(h)as if for section 18(3)(a) there were substituted—

"(a)there is a particular thing or activity (the evidence) that may be significant to an investigation into a public transport safety matter or a marine safety matter; and"; and

(i)as if for section 18(4)(b) there were substituted—

"(b)a brief description of the investigation in respect of which the warrant is sought; and"; and

(j)as if for section 19(a)(ii) there were substituted—

"(ii)is of significance to an investigation into a public transport safety matter or a marine safety matter; and"; and

(k)as if in section 19(b) the words "or its use in the commission of an offence against this Act or a transport safety or infrastructure law" were omitted; and

(l)as if for section 22 there were substituted—

"22  Power to require production of documents and related items

(1)The Chief Investigator may, for the purposes of an investigation into a public transport safety matter or a marine safety matter, direct a specified person to provide to the Chief Investigator—

(a)any document required to be kept under a relevant transport safety or infrastructure law; and

(b)any documents, devices or other things in his, her or its possession or control relating to—

(i)the provision of bus services; or

(ii)railway operations; or

(iii)marine operations.

(2)The direction must state where and to whom the documents, devices or other things are to be produced.

(3)In giving a direction, the Chief Investigator may specify particular documents, devices or other things, or particular classes of documents, devices or other things.

(4)The Chief Investigator may do any or all of the following—

(a)inspect any documents, devices or other things that are produced;

(b)copy any documents, devices or other things that are produced;

(c)seize and remove any documents, devices or other things that are produced that the Chief Investigator believes on reasonable grounds are significant for the purposes of the investigation into the public transport safety matter or a marine safety matter."; and

(m)as if section 23(3) were omitted; and

(n)as if after section 24(3) there were inserted—

"(4)Nothing in this section limits the powers of the Chief Investigator under section 84AB."; and

(o)as if for section 33(1)(c) there were substituted—

"(c)reasonably believes it is necessary to forfeit the thing for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter."; and

(p)as if for section 34(3) there were substituted—

"(3)For the purposes of subsection (2), a reasonable ground to retain the thing is for the purpose of carrying out an investigation into a public safety matter or a marine safety matter."; and

(q)as if in section 36, the words "under a transport safety or infrastructure law or" were omitted; and

(r)as if in section 37(1), the words "under a transport safety or infrastructure law or" were omitted; and

(s)as if section 39(a) were omitted; and

(t)as if section 40(1)(b) were omitted; and

(u)as if for section 41(1) there were substituted—

"(1)The Chief Investigator may require a person to provide the person's name and residential address if the Chief Investigator believes, on reasonable grounds, that the person is a specified person."; and

Assent Date:	15.12.09
Commencement Date:	Ss 36, 49(4) on 17.12.09: Government Gazette 17.12.09 p. 3339; s. 15 on 1.11.10: Government Gazette 21.10.10 p. 2531
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Integration Act 2010, No. 6/2010

Assent Date:	2.3.10
Commencement Date:	Ss 24(5)(Sch. 1 item 16), 199(1)(3)(Sch. 3) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Equal Opportunity Act 2010, No. 16/2010 (as amended by No. 29/2011)

Assent Date:	27.4.10
Commencement Date:	S. 209(Sch. item 9) on 1.8.11: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010 (as amended by No. 29/2011)

Assent Date:	18.5.10
Commencement Date:	Ss 18, 77–79, 81 on 22.5.10: Government Gazette 20.5.10 p. 988; ss 72–74 on 11.6.10: Government Gazette 10.6.10 p. 1149; ss 4–13, 17, 19–33, 75, 76, 80 on 30.6.10: Government Gazette 10.6.10 p. 1149; ss 69, 70 on 31.12.10: Government Gazette 10.6.10 p. 1149; ss 3, 14, 15 on 1.5.11: Special Gazette (No. 125) 19.4.11 p. 1; ss 34, 67, 68 on 1.7.11: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010

Assent Date:	17.8.10
Commencement Date:	S. 56 on 1.9.10: Special Gazette (No. 337) 24.8.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Firearms and Other Acts Amendment Act 2010, No. 52/2010

Assent Date:	7.9.10
Commencement Date:	S. 34 on 1.11.10: Government Gazette 28.10.10 p. 2583
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Marine Safety Act 2010, No. 65/2010 (as amended by No. 78/2011)

Assent Date:	28.9.10
Commencement Date:	Ss 394–417A on 1.7.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Road Legislation Miscellaneous Amendments Act 2010, No. 75/2010

Assent Date:	19.10.10
Commencement Date:	S. 24(3) on 25.10.10: Government Gazette 21.10.10 p. 2531; s. 24(1)(2) on 1.11.10: Government Gazette 21.10.10 p. 2531
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Tourist and Heritage Railways Act 2010, No. 79/2010

Assent Date:	19.10.10
Commencement Date:	S. 33 on 1.10.11: Special Gazette (No. 298) 22.9.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 98) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011, No. 34/2011 (as amended by No. 43/2013)

Assent Date:	5.7.11
Commencement Date:	Ss 9, 15(1), 52–58 on 19.7.11: Special Gazette (No. 236) 19.7.11 p. 1; ss 8, 10–14, 15(2), 16–51, 59–101 on 1.8.11: Special Gazette (No. 236) 19.7.11 p. 1; ss 122–125 on 1.7.13: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Accident Towing Services Amendment Act 2011, No. 40/2011

Assent Date:	6.9.11
Commencement Date:	S. 22 on 7.9.11: s. 2
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011

Assent Date:	6.9.11
Commencement Date:	Ss 55–62 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Legislation Amendment (Public Transport Safety) Act 2011, No. 49/2011

Assent Date:	22.9.11
Commencement Date:	Ss 4–14 on 5.10.11: Special Gazette (No. 313) 4.10.11 p. 1 (see Erratum: Special Gazette (No. 315) 4.10.11 p. 1)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011 (as amended by No. 66/2012)

Assent Date:	15.11.11
Commencement Date:	Ss 23(5), 24(2)(3), 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; ss 23(1)–(4), 24(1), Sch. 1 items 13.1(a)(c), 13.2–13.5, 13.7–13.14, Sch. 2 item 5 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1; Sch. 1 items 13.1(b), 13.6 on 1.7.12: s. 2(3); s. 29 on 1.1.13: Special Gazette (No. 444) 19.12.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011

Assent Date:	22.11.11
Commencement Date:	S. 107(Sch. item 14) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 23) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 53) on 28.6.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Working with Children Amendment Act 2012, No. 61/2012

Assent Date:	23.10.12
Commencement Date:	Ss 19, 20 on 31.12.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Legislation Amendment (Marine Drug and Alcohol Standards Modernisation and Other Matters) Act 2012, No. 66/2012

Assent Date:	7.11.12
Commencement Date:	Ss 29, 30 on 8.11.12; ss 31, 32 on 1.12.12: Special Gazette (No. 373) 7.11.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	S. 297 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Co-operatives National Law Application Act 2013, No. 9/2013

Assent Date:	13.3.13
Commencement Date:	S. 42(Sch. 2 item 18) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Rail Safety National Law Application Act 2013, No. 22/2013 (as amended by No. 27/2014)

Assent Date:	23.4.13
Commencement Date:	Ss 90, 91(1), 92–96 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2; s. 91(2) never proclaimed, repealed by No. 27/2014 s. 157(2)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Legislation Amendment (Rail Safety Local Operations and Other Matters) Act 2013, No. 23/2013 (as amended by No. 27/2014)

Assent Date:	23.4.13
Commencement Date:	Ss 106, 107, 109–124 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 1; s. 108 never proclaimed, repealed by No. 27/2014 s. 158
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013

Assent Date:	4.6.13
Commencement Date:	S. 45 on 5.6.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Marine (Domestic Commercial Vessel National Law Application) Act 2013, No. 36/2013

Assent Date:	18.6.13
Commencement Date:	Ss 89–91 on 1.7.13: Special Gazette (No. 226) 25.6.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, No. 43/2013 (as amended by No. 35/2014)

Assent Date:	28.6.13
Commencement Date:	Ss 46–52 on 1.7.13: s. 2(2); ss 23, 24(1), 26, 27, 28(2), 30 on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1; ss 3–18, 19(2), 20–22, 24(2)–(7), 25, 28(1), 29, 32 on 30.6.14: s. 2(4); s. 19(1) never proclaimed, repealed by No. 35/2014 s. 49
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 52) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport (Compliance and Miscellaneous) Amendment (On-the-Spot Penalty Fares) Act 2013, No. 80/2013

Assent Date:	17.12.13
Commencement Date:	Ss 4–10 on 1.7.14: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport (Safety Schemes Compliance and Enforcement) Act 2014, No. 27/2014

Assent Date:	8.4.14
Commencement Date:	Ss 137–156 on 19.5.14: Special Gazette (No. 148) 13.5.14 pp 1, 2
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014, No. 35/2014[17]

Assent Date:	13.5.14
Commencement Date:	Ss 45, 46 on 14.5.14: s. 2(1); ss 4–21, 25–31, 36–44 on 30.6.14: Special Gazette (No. 188) 17.6.14 p. 1; ss 22–24, 32–35 on 30.9.14: Special Gazette (No. 330) 23.9.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 171) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Road Safety Amendment Act 2014, No. 49/2014

Assent Date:	1.7.14
Commencement Date:	S. 61(3)(4) on 2.7.14: s. 2(1); s. 61(1)(2) on 1.7.15: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:	26.8.14
Commencement Date:	S. 153 on 31.10.14: Special Gazette (No. 330) 23.9.14: p. 1
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 46) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 38) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 55) on 1.8.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016

Assent Date:	22.3.16
Commencement Date:	S. 179(Sch. 1 item 9) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport (Compliance and Miscellaneous) Amendment (Public Safety) Act 2016, No. 33/2016

Assent Date:	15.6.16
Commencement Date:	S. 3 on 16.6.16: s. 2
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016

Assent Date:	6.9.16
Commencement Date:	S. 46 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016, No. 71/2016

Assent Date:	29.11.16
Commencement Date:	Ss 3–9 on 1.1.17: Special Gazette (No. 389) 20.12.16 p. 2
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

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

Assent Date:	14.2.17
Commencement Date:	S. 50(Sch. 1 item 10) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Small Business Commission Act 2017, No. 16/2017

Assent Date:	10.5.17
Commencement Date:	Ss 24–28 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Commercial Passenger Vehicle Industry Act 2017, No. 35/2017 (as amended by No. 63/2017)

Assent Date:	22.8.17
Commencement Date:	Ss 53–68 on 23.8.17: s. 2(1); ss 21‒34 on 9.10.17: Special Gazette (No. 331) 3.10.17 p. 1; ss 35–50 on 2.11.17: Special Gazette (No. 351) 17.10.17 p. 1; ss 51, 52 on 1.7.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

Assent Date:	26.9.17
Commencement Date:	S. 58 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017, No. 63/2017

Assent Date:	19.12.17
Commencement Date:	S. 21(Sch. 1 item 10) on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Serious Offenders Act 2018, No. 27/2018

Assent Date:	26.6.18
Commencement Date:	S. 368 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 58 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019

Assent Date:	26.3.19
Commencement Date:	S. 38 on 27.3.19: s. 2(1); s. 47 on 8.7.19: Special Gazette (No. 282) 2.7.19 p. 1; ss 48–56 on 1.12.19: s. 2(3)
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

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

Assent Date:	6.11.19
Commencement Date:	Ss 107–116 on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	Ss 184, 186(Sch. 4 item 45) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 104) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Worker Screening Act 2020, No. 34/2020

Assent Date:	4.11.20
Commencement Date:	Ss 242, 243 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Legislation Amendment Act 2020, No. 41/2020

Assent Date:	1.12.20
Commencement Date:	S. 54 on 2.12.20: s. 2(1)
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

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

Assent Date:	10.8.21
Commencement Date:	S. 97 on 1.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

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

Assent Date:	24.5.22
Commencement Date:	S. 95 on 1.7.22: Government Gazette 23.6.22 p. 2737
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Victims of Crime (Financial Assistance Scheme) Act 2022, No. 21/2022

Assent Date:	7.6.22
Commencement Date:	S. 81 on 18.11.24: Special Gazette (No. 610) 12.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date:	21.11.23
Commencement Date:	Ss 65, 70, 127(Sch. 1 item 17) on 22.11.23: s. 2(1); ss 66–69 on 1.10.24: Special Gazette (No. 508) 24.9.24 p. 1; ss 63, 64 on 17.10.24 s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

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

Assent Date:	5.8.25
Commencement Date:	S. 84 on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Transport (Compliance and Miscellaneous) Act 1983

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

Special Gazette (No. 26)    6 June 1990 page 1

Government Gazette     23 December 1993 page 3416

Government Gazette     11 August 1994 page 2225

Government Gazette     22 December 1994 page 3444

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

3   Explanatory details

[1] S. 2(1) def. of mandatory marine safety decision: The amendment proposed by section 137(1)(b)(iv) (repealed) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, No. 27/2014 is not included in this publication because paragraph (c)(ii) is not part of this definition.

Section 137(1)(b)(iv) read as follows:

137Definitions

(1)In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983—

(b)in the definition of mandatory marine safety decision—

(iv)in paragraph (c)(ii), for "section 228ZZL" substitute "section 64 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014";

[2] S. 37A(2) (repealed): The amendment proposed by section 117(1) (Schedule 3 item 208.2) of the Public Administration Act 2004, No. 108/2004 is not included in this publication due to the earlier repeal of Part 2A (Heading and section 37A) by section 254A of this Act.

[3]S. 56(3)(f): The amendment proposed by section 186(Schedule 4 item 45.7(d)) of the Transport Legislation Amendment Act 2019, No. 49/2019 is not included in this publication due to the earlier amendment of section 56(3)(f) made by section 186(Sch. 4 item 45.7(b)(ii)).

Schedule 4 item 45.7(d) reads as follows:

Schedule 4—Consequential amendments to other Acts

45Transport (Compliance and Miscellaneous) Act 1983

45.7In section 56(3)—

(d)in paragraph (f), for "that Corporation" substitute "the Head, Transport for Victoria".

[4] Pt 5 (Heading and ss 82–85) amended by Nos 10220 s. 4(a)–(c), 50/1988 s. 93(2)(Sch. 2 Pt 2 item 59), 52/1988 s. 161(Sch. 6 items 14.2, 14.3), 44/1989 s. 40(Sch. 1 item 2.1), 68/1992 s. 114(Sch. 7 item 4), 85/1992 s. 9(1)(e), 82/1994 s. 13(Sch. 2 item 9), 28/1996 s. 4(j), 59/1996 s. 10(Sch. 2 item 23), 79/1996 s. 58(2), 16/1998 s. 10(2)–(4), 46/1998 s. 7(Sch. 1), repealed by No. 30/2000 s. 13.

[5] S. 86 amended by Nos 10087 s. 3(1)(Sch. 1 item 275), 10220 ss 5(1)(a), 11(1), 13(7)(a), 127/1986 s. 102(Sch. 4 item 28.2), 44/1989 s. 24(a)–(c), 79/1991 ss 3(1), 4(1), 120/1993 s. 5(a)–(d), 17/1995 s. 3, 58/1995 s. 19, 106/1997 ss 4, 21(2), 22(2), 46/1998 s. 7(Sch. 1), 99/1998 s. 3, 6/1999 s. 9, 45/1999 s. 22, 30/2000 s. 14, 74/2000 s. 3(Sch. 1 item 130), 44/2001 s. 3(Sch. item 115.1), 61/2001 s. 16(3), 32/2002 s. 6, 35/2002 s. 28(Sch. item 7), 77/2005 s. 8(5), 47/2006 ss 8 (as amended by No. 71/2006 s. 21), 31(1)(Sch. 1 Pt 1 item 1(2)), 71/2006 s. 16, 30/2007 s. 227, 58/2007 s. 55, 69/2007 s. 40(2), 85/2008 s. 3, 13/2009 s. 94 (as amended by No. 6/2010 s. 203(1)(Sch. 6 item 4.5)), 91/2009 s. 219(Sch. 3 item 5), 93/2009 s. 49(4)(a), 19/2010 ss 17, 67, 29/2011 s. 3(Sch. 1 item 98.5), 34/2011 s. 9, 49/2011 s. 8, 61/2011 s. 25(Sch. 1 item 13.6), 43/2013 ss 3, 23, 35/2014 ss 34, 43, 47/2016 s. 46(1), 35/2017 s. 21, 63/2017 s. 21(Sch. 1 items 10.2–10.4), 27/2018 s. 368, 41/2019 s. 111, 34/2020 s. 242, repealed by No. 34/2023 s. 67.

[6] Pt 6 Div. 3 (Heading and ss 103–129Y) (repealed): The proposed repeal of sections 125 and 129R(3) by section 44 of the Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005 (repealed) is not included in this publication due to the earlier repeal of sections 125 and 129R(3) by section 119 of the Rail Safety Act 2006, No. 9/2006.

[7] Pt 6 Div. 4: Pt 6 Div. 4 (Heading and ss 119–137) amended by Nos 10087 s. 3(1)(Sch. 1 item 277), 100/1986 s. 8, 127/1986 s. 102(Sch. 4 item 28.5), 44/1989 ss 39(1)(b), 40(Sch. 1 item 6.2), repealed by No. 120/1993 s. 8(1), new Pt 6 Div. 4 (Heading and ss 130, 131) inserted by No. 60/1994 s. 13, amended by Nos 17/1995 s. 19(1), 28/1996 s. 4(j), repealed by No. 47/2006 s. 31(2)(Sch. 1 Pt 2 item 45), new Pt 6 Div. 4 (Heading and ss 130–137E) inserted by No. 71/2006 s. 3 (as amended by No. 69/2007 ss 77–82), amended by Nos 71/2006 s. 19, 85/2008 ss 4‒8, 68/2009 s. 97(Sch. items 124.1‒124.6), 93/2009 s. 49(4)(b)(c), 19/2010 ss 18‒26, 68, 34/2011 ss 11‒14, 20/2012 s. 226(Sch. 5 item 23), 9/2013 s. 42(Sch. 2 item 18), 35/2014 ss 4‒27, 46(2)(3), 37/2014 s. 10(Sch. item 171.2), 49/2014 s. 61(1), 55/2014 s. 153(1), 47/2016 s. 46(2), 35/2017 s. 35(2)(3), 36‒43, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).

[8] Pt 6 Div. 6 (Heading and ss 163–166) amended by Nos 100/1986 s. 20, 44/1989 s. 40(Sch. 1 item 6.2), 120/1993 ss 32, 33, 60/1994 s. 20, 37/1996 s. 9(7)–(9), repealed by No. 106/1997 s. 21(1), new Pt 6 Div. 6 (Heading and ss 163–169Z) inserted by No. 47/2006 s. 14 (as amended by No. 71/2006 ss 22–24), amended by Nos 69/2007 ss 13–21, 85/2008 ss 9–15, 13/2009 s. 95 (as amended by Nos 6/2010 s. 203(1)(Sch. 6 item 4.5), 19/2010 s. 64), 68/2009 s. 97(Sch. items 124.10–124.14), 19/2010 ss 29–34, 34/2011 ss 22–51, 123, 49/2011 ss 9–14, 61/2011 s. 23(5), 61/2012 ss 19, 20, 35/2014 ss 31–33, 44, 37/2014 s. 10(Sch. item 171.2), 49/2014 s. 61(2), 55/2014 s. 153(2), 21/2015 s. 3(Sch. 1 item 55.2), 35/2017 ss 56–60, 63/2017 s. 21(Sch. 1 items 10.9–10.20), 41/2019 s. 112, 34/2020 s. 243, repealed by No. 34/2023 s. 69.

[9] Pt 6 Div. 8 (Heading and ss 171–185) amended by Nos 10087 s. 3(1)(Sch. 1 items 278–280), 10220 ss 6–10, 100/1986 ss 22–25, 26(1)(2) (as amended by No. 44/1989 s. 39(2)(b)), 27–30, 31(a) (as amended by No. 44/1989 s. 39(2)(c)) (b)–(e), 127/1986 s. 102(Sch. 4 items 28.10, 28.11), 44/1989 ss 39(1)(e), 40(Sch. 1 items 3.2, 6.2, 13), 57/1989 s. 3(Sch. items 202.6, 202.7), 120/1993 ss 34–46, 60/1994 s. 21, 17/1995 ss 4–18, 21(1), 100/1995 s. 62, 28/1996 s. 16(1)(c), 106/1997 ss 6–20, 52/1998 s. 311(Sch. 1 items 96.16–96.26), 99/1998 s. 15(1), 102/1998 s. 39–41, 32/2002 ss 15–19, 34/2003 ss 9, 10, 13(d), 110/2004 s. 52, 95/2005 s. 36, 47/2006 s. 31(Sch. 1 Pt 1 item 9), 74/2007 ss 82–84, repealed by No. 30/2007 s. 231.

[10] S. 213 (repealed): The amendment proposed by Schedule 4 item 28.16(c) (repealed) of the Road Safety Act 1986, No. 127/1986 is not included in this publication because section 213 was substituted by section 42 of the Crimes Legislation (Miscellaneous Amendments) Act 1989, No. 25/1989 prior to this amendment coming into operation.

[11] S. 215B(1) (repealed): The amendment proposed by section 10(Schedule item 171.5) of the Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 (repealed) is not included in this publication due to the earlier repeal of Division 2A of Part 7 by section 142 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, No. 27/2014.

Schedule item 171.5 read as follows:

171Transport (Compliance and Miscellaneous) Act 1983

171.5In sections 212(1)(a) and (1B)(a), 214A, 215(2)(ba) and 215B(1), for "member of the police force" substitute "police officer".

[12] S. 221: The amendments proposed by section 31(1)(Schedule 1 Part 1 item 15(a)(b)) of the Transport Legislation (Further Amendment) Act 2006, No. 47/2006 (as amended by No. 71/2006) (repealed) are not included in this publication due to the earlier repeal of section 221(1A) and (1B) by section 24 of the Transport  Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005.

Schedule 1 Part 1 item 15(a)(b) read as follows:

15Information not to be disclosed

In section 221 of the Transport Act 1983—

(a)in sub-section (1A) omit "the Secretary or";

(b)in sub-section (1B) omit "the Secretary or";

[13] Pt 7 Div. 4B (Heading and ss 228S–228ZZS) (repealed): The amendment proposed by section 10(Schedule item 171.18) of the Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 (repealed) is not included in this publication due to the earlier repeal of Division 4B of Part 7 by section 144 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, No. 27/2014.

Schedule item 171.18 read as follows:

171Transport (Compliance and Miscellaneous) Act 1983

171.18In sections 228ZNA(1), 228ZZPA(1A), 229(1), (1A)(a) and (b) and (1B)(b) and 229A(4)(b), for "member of the police force" substitute "police officer".

[14] S. 229A(4)(b) (repealed): The amendment proposed by section 10(Schedule item 171.18) of the Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 (repealed) is not included in this publication due to the earlier repeal of section 229A by section 145 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, No. 27/2014.

Schedule item 171.18 read as follows:

171Transport (Compliance and Miscellaneous) Act 1983

171.18In sections 228ZNA(1), 228ZZPA(1A), 229(1), (1A)(a) and (b) and (1B)(b) and 229A(4)(b), for "member of the police force" substitute "police officer".

[15] Ss 234–242:

S. 234 repealed by No. 100/1986 s. 3(22), new s. 234 inserted by No. 44/1989 s. 29, repealed by No. 85/1992 s. 9(1)(f).

Ss 235–237 repealed by No. 100/1986 s. 3(22).

S. 238 amended by No. 10087 s. 3(1)(Sch. 1 item 288), repealed by No. 100/1986 s. 3(22).

S. 239 substituted by No. 44/1989 s. 30, repealed by No. 85/1992 s. 9(1)(f).

S. 240 substituted by No. 44/1989 s. 31, repealed by No. 85/1992 s. 9(1)(f).

S. 241 amended by No. 44/1989 s. 32(a)(b), repealed by No. 120/1993 s. 70(1).

S. 242 repealed by No. 44/1989 s. 33.

[16] Schs 11, 12:

Sch. 11 repealed by No. 10087 s. 4(1)(Sch. 2).

Sch. 12 amended by Nos 10049 s. 6, 10087 s. 3(1)(Sch. 1 items 294–304), repealed by No. 10087 s. 4(1)(Sch. 2).

[17] Table of Amendments (Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014): The amendment to section 212AA(5) proposed by section 46(4) of the Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014, No. 35/2014 (repealed) is not included in this publication as section 212AA was not part of this Act when section 46(4) came into operation.

Section 46(4) read as follows:

46Statute law revision

(4)In section 212AA(5) of the Principal Act, for "pay" substitute "to pay".