Transport (Compliance and Miscellaneous) (Ticketing) Amendment Regulations 2019 (Vic)

Transport (Compliance and Miscellaneous) (Ticketing) Amendment Regulations 2019

S.R. No. 22/2019

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Validity for travel or entry

7Obligation to hold valid ticket

8New regulation 9A inserted

9Application of regulations 8 to 11 if a person's ticket or evidence of entitlement is held by another person

10New regulation 16A inserted

11Ticket must not be transferred

12Ticket must be surrendered

13Bus drivers' myki ticketing obligations

14Prescribed devices

15Prescribed processes

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Endnotes

STATUTORY RULES 2019

S.R. No. 22/2019

Transport (Compliance and Miscellaneous) Act 1983

Transport (Compliance and Miscellaneous) (Ticketing) Amendment Regulations 2019

The Governor in Council, on the recommendation of the Minister for Public Transport, makes the following Regulations:

Dated: 26 March 2019

Responsible Minister:

MELISSA HORNE
Minister for Public Transport

ANDREW ROBINSON

Clerk of the Executive Council

1    Objectives

The objectives of these Regulations are to amend the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017—

(a)to provide for the use of new digital ticketing technology on Victoria's public transport ticketing system; and

(b)to clarify how the requirements of those Regulations apply in relation to digital ticketing technology; and

(c)to prescribe a computer microchip for the purposes of Part VII of the Transport (Compliance and Miscellaneous) Act 1983; and

(d)to prescribe certain processes for the purposes of Division 5 of Part VII of that Act.

2Authorising provisions

These Regulations are made under sections 56, 221AA and 230AH of the Transport (Compliance and Miscellaneous) Act 1983.

3Commencement

These Regulations come into operation on 28 March 2019.

4Principal Regulations

In these Regulations, the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017[1] are called the Principal Regulations.

5Definitions

(1)In regulation 5(1) of the Principal Regulations—

(a)in the definition of central computer system, after "smartcards" insert ", digital cards";

(b)in the definition of compulsory ticket area, for "smartcard reader" (where twice occurring) substitute "smartcard and digital card reader";

(c)in the definition of smartcard reader—

(i)after "smartcard" (where first occurring) insert "and digital card";

(ii)after "smartcard" (where secondly and thirdly occurring) insert "or digital card";

(d)in paragraph (a) of the definition of smartcard security access module, after "smartcard" insert "or digital

card".

(2)In regulation 5(1) of the Principal Regulations, insert the following definitions—

"digital card means a software application on a personal electronic device or other thing processed through a software application on a personal electronic device that may lawfully be used for the purpose of obtaining or proving an entitlement to use a public transport service;

personal electronic device means an electronic device on which a digital card is stored and that contains one or more imbedded computer microchips capable of receiving, storing, processing and transferring information;".

(3)In regulation 5(1) of the Principal Regulations, for the definition of myki substitute—

"myki means a ticket that is a smartcard, as defined in section 208 of the Act, or a digital card that is capable of—

(a)recording a myki product or myki money; and

(b)in respect of myki money—

(i)recording the value of that myki money; and

(ii)transferring information to other electronic devices so as to effect modifications to that value to reflect payment for travel in a passenger vehicle or entry to a compulsory ticket area; and

(iii)recording that value as so modified;".

6Validity for travel or entry

In the Examples at the foot of regulation 6 of the Principal Regulations, after "smartcard" insert "and digital card".

7Obligation to hold valid ticket

For regulation 7(3) of the Principal Regulations substitute—

"(3)   For the purposes of this regulation, a person has a ticket in the person's possession only if—

(a)the person holds the ticket or, in the case of a ticket that is a digital card, the personal electronic device on which the digital card is stored on or about their person; or

(b)the person is accompanied by another person and that other person holds the ticket or personal electronic device on or about their person on behalf of the first‑mentioned person.".

8New regulation 9A inserted

After regulation 9 of the Principal Regulations insert—

"9A   Production of ticket that is a digital card for inspection

For the purposes of regulations 8, 9 and 24, a person travelling using a ticket that is a digital card produces that ticket for inspection if the person makes the personal electronic device on which the digital card is stored available to an authorised person (ticketing) so that the validity of the ticket can be electronically tested or read using a hand-held reader or Handheld V/Line.".

9Application of regulations 8 to 11 if a person's ticket or evidence of entitlement is held by another person

For regulation 12 of the Principal Regulations substitute—

"12   Application of regulations 8 to 11 if a person's ticket, personal electronic device or evidence of entitlement is held by another person

For the purposes of regulations 8(2), 9(2), 10(3) and 11(3), a person is taken to have complied with a request made under, respectively, regulation 8(1), 9(1), 10(1) or 11(1) if, at the time the request is made, another person, who is accompanying the person and is holding the relevant ticket or, in the case of a ticket that is a digital card, personal electronic device on which the digital card is stored or evidence on behalf of the first person, produces the ticket, personal electronic device or evidence for inspection by the authorised person (ticketing).".

10New regulation 16A inserted

After regulation 16 of the Principal Regulations insert—

"16A   Personal electronic device inoperable not a defence

Without limiting the generality of regulations 13 and 14, for the purposes of those regulations, if, in the case of a ticket or purported ticket that is a digital card, the primary reason that the person did not possess or produce for inspection a ticket valid for the travel or entry (as the case requires) was because the personal electronic device on which the digital card is stored was inoperable, the person did not take all reasonable steps that were available.".

11Ticket must not be transferred

After regulation 19(2) of the Principal Regulations insert—

"(3)   For the purposes of this regulation, a person does not transfer a ticket that is a digital card to another person only by giving the personal electronic device on which the digital card is stored to that person for a purpose other than to authorise travel in a passenger vehicle or entry to a compulsory ticket area.".

12Ticket must be surrendered

In regulation 21(1) of the Principal Regulations, after "credit card" insert ", a digital card".

13Bus drivers' myki ticketing obligations

In regulation 24(4) of the Principal Regulations, after "smartcard" insert "and digital card".

14Prescribed devices

At the end of regulation 29 of the Principal Regulations insert—

"(2)A computer microchip which enables a digital card to be stored on a personal electronic device is a prescribed device for the purposes of sections 230AD and 230AE of the Act.".

15Prescribed processes

In Schedule 2 to the Principal Regulations—

(a)in item 27—

(i)in paragraph (a), after "smartcard" (wherever occurring) insert "or digital card";

(ii)in paragraph (b), after "smartcards" (where twice occurring) insert "or digital cards";

(b)in item 28—

(i)in paragraph (a), after "smartcard" (wherever occurring) insert "or digital card";

(ii)in paragraph (b), after "smartcards" (where twice occurring) insert "or digital cards";

(c)in item 29—

(i)in paragraph (a), after "smartcard" (wherever occurring) insert "or digital card";

(ii)in paragraph (b), after "smartcards" (where twice occurring) insert "or digital cards";

(d)in item 30—

(i)in paragraph (a), after "smartcard" (wherever occurring) insert "or digital card";

(ii)in paragraph (b), after "smartcards" (where twice occurring) insert "or digital cards";

(e)in item 31(a), after "smartcards" (where twice occurring) insert "or digital cards";

(f)in item 32(a), after "smartcards" (where twice occurring) insert "or digital cards";

(g)in item 33—

(i)in paragraph (a), after "smartcard" (wherever occurring) insert "or digital card";

(ii)in paragraph (b), after "smartcards" (where twice occurring) insert "or digital cards";

(h)in item 34—

(i)in paragraph (a), after "smartcard" (wherever occurring) insert "or digital card";

(ii)in paragraph (b), after "smartcards" (where twice occurring) insert "or digital cards";

(i)in item 35(a), after "smartcards" (where twice occurring) insert "or digital cards";

(j)in item 36—

(i)in paragraph (a), after "smartcard" (wherever occurring) insert "or digital card";

(ii)in paragraph (b), after "smartcards" (where twice occurring) insert "or digital cards";

(k)in item 37(a), after "smartcards" (where twice occurring) insert "or digital cards";

(l)in item 38—

(i)in paragraph (a), after "smartcard" (wherever occurring) insert "or digital card";

(ii)in paragraph (b), after "smartcards" (where twice occurring) insert "or digital cards";

(m)in item 39(a), after "smartcards" (where twice occurring) insert "or digital cards";

(n)in item 40—

(i)in paragraph (a), after "smartcard" (wherever occurring) insert "or digital card";

(ii)in paragraph (b), after "smartcards" (where twice occurring) insert "or digital cards";

(o)in item 41(a), after "smartcards" (where twice occurring) insert "or digital cards";

(p)in item 42—

(i)in paragraph (a), after "smartcard" (wherever occurring) insert "or digital card";

(ii)in paragraph (b), after "smartcards" (where twice occurring) insert "or digital cards";

(q)in item 43(a), after "smartcards" (where twice occurring) insert "or digital cards";

(r)in item 47(a), after "smartcards" (where twice occurring) insert "or digital cards".

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Endnotes

[1] Reg. 4: S.R. No. 48/2017 as amended by S.R. Nos 22/2018, 55/2018 and 150/2018.