Transport (Compliance and Miscellaneous) (Ticketing) Amendment Regulations 2024 (Vic)

Transport (Compliance and Miscellaneous) (Ticketing) Amendment Regulations 2024

S.R. No. 129/2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions and reference provisions

6Obligation to hold valid ticket

7Regulation 9A amended

8Regulation 12 substituted

9Personal electronic device inoperable not a defence

10Ticket must not be transferred

11Ticket must be surrendered

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Endnotes

STATUTORY RULES 2024

S.R. No. 129/2024

Transport (Compliance and Miscellaneous) Act 1983

Transport (Compliance and Miscellaneous) (Ticketing) Amendment Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 19 November 2024

Responsible Minister:

GABRIELLE WILLIAMS
Minister for Public and Active Transport

ANGELA SMITH

Clerk of the Executive Council

1Objective

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

(a)to provide for the use of V/Line digital tickets; and

(b)to ensure that the relevant obligations and defences apply to those tickets.

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 19 November 2024.

4Principal Regulations

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

5Definitions and reference provisions

In regulation 5(1) of the Principal Regulations—

(a)in the definition of digital card, after "public transport service" insert "but does not include a V/Line digital ticket";

(b)for the definition of personal electronic device substitute—

"personal electronic device means an electronic device on which—

(a)a digital card is stored and that contains one or more imbedded computer microchips capable of receiving, storing, processing and transferring information; or

(b)a V/Line digital ticket is capable of being displayed;";

(c)the definition of smartcard reader is revoked;

(d)in the definition of V/Line Corporation, for "2010." substitute "2010;";

(e)insert the following definitions—

"smartcard and digital card reader means a machine that, when the smartcard or digital card is scanned by the machine as part of the actions necessary for the smartcard or digital card to be made valid for travel in a passenger vehicle or entry to a compulsory ticket area regardless of whether or not at any particular time the machine is in working order, is designed and intended—

(a)to electronically record and process information from a ticket that is a smartcard or digital card; and

(b)to perform related functions;

V/Line digital ticket means a ticket with a barcode that can be displayed on a personal electronic device and which may lawfully be used for the purpose of authorising travel in a passenger vehicle or entry to a compulsory ticket area.

Note

See regulations 7, 8 and 9A. A V/Line digital ticket must be able to be displayed at any time during the whole of the person's travel in that passenger vehicle, or when the person is in a compulsory ticket area, and must be displayed when the person is asked to produce the ticket for inspection.".

6Obligation 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—

(i)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

(ii)in the case of a ticket that is a V/Line digital ticket, a personal electronic device on which the V/Line digital ticket can be displayed on or about their person; or

(iii)in any other case, the ticket on or about their person; or

(b)the person is accompanied by another person and that other person holds—

(i)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 on behalf of the first‑mentioned person; or

(ii)in the case of a ticket that is a V/Line digital ticket, a personal electronic device on which the V/Line digital ticket can be displayed on or about their person on behalf of the first-mentioned person; or

(iii)in any other case, the ticket on or about their person on behalf of the first-mentioned person.".

7Regulation 9A amended

(1)In the heading to regulation 9A of the Principal Regulations, after "digital card" insert "or a V/Line digital ticket".

(2)In regulation 9A of the Principal Regulations, for "hand-held" substitute "hand held".

(3)At the end of regulation 9A of the Principal Regulations insert—

"(2)For the purposes of regulations 8 and 9, a person travelling using a ticket that is a V/Line digital ticket produces that ticket for inspection if the person displays the ticket on a personal electronic device when requested to do so by an authorised person (ticketing) and allows the authorised person (ticketing) to inspect and electronically read the ticket.".

8Regulation 12 substituted

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—

(a)the relevant ticket; or

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

(c)in the case of a ticket that is a V/Line digital ticket, a personal electronic device on which the V/Line digital ticket can be displayed; or

(d)evidence of entitlement—

on behalf of the first person, produces the ticket, personal electronic device or evidence for inspection by the authorised person (ticketing).".

9Personal electronic device inoperable not a defence

At the end of regulation 16A of the Principal Regulations insert—

"(2)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 V/Line digital ticket, 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 a personal electronic device on which the V/Line digital ticket is capable of being displayed was inoperable, the person did not take all reasonable steps that were available.".

10Ticket must not be transferred

For regulation 19(3) of the Principal Regulations substitute—

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

11Ticket must be surrendered

In regulation 21(1) of the Principal Regulations, after "digital card" insert ", a V/Line digital ticket".

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ENDNOTES

[1] Reg. 4: S.R. No. 48/2017 as amended by S.R. Nos 22/2018, 55/2018, 150/2018, 22/2019, 57/2019, 168/2019, 6/2020, 103/2020, 87/2021 and 48/2023.