Transport (Compliance and Miscellaneous) (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 (Vic)
Version No. 001
Transport (Compliance and Miscellaneous) (Transport Legislation Amendment Act 2019) Transitional Regulations 2019
S.R. No. 171/2019
Version as at
1 January 2020
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Definitions
Part 2—Transitional provisions relating to the Act
5Things done by Roads Corporation or its chief executive before first commencement day
6Things commenced but not completed by Roads Corporation or its chief executive
7Superseded references
8Persons authorized by the Roads Corporation for the purposes of section 216 of the Act
9Persons authorized by Roads Corporation for the purposes of section 217 of the Act
10Documents that are authorities and signed by Chief Executive of Roads Corporation
11Permits for overdimensional vehicles to cross tracks
12Permissions relating to prescribed equipment
13Persons authorised to bring prosecutions
14Evidentiary provisions—Chief Executive of Roads Corporation
15Evidentiary provisions—Chief Executive Officer of Public Transport Development Authority
16Fees and further charges for overdimensional vehicle permits to cross tracks
Part 3—Transitional provisions relating to the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017
17Exemptions—Public Transport Development Authority authorisations
18Exemptions—Public Transport Development Authority determined areas
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Transport (Compliance and Miscellaneous) (Transport Legislation Amendment Act 2019) Transitional Regulations 2019
S.R. No. 171/2019
Version as at
1 January 2020
Part 1—Preliminary
1Objective
The objective of these Regulations is to provide for matters of a transitional nature arising as a result of the transfer, by the Transport Legislation Amendment Act 2019, of—
(a)functions and powers of the Roads Corporation under the Transport (Compliance and Miscellaneous) Act 1983 to the Secretary to the Department of Transport or the Head, Transport for Victoria; or
(b)functions and powers of the Public Transport Development Authority under the Transport (Compliance and Miscellaneous) Act 1983 to the Head, Transport for Victoria.
2Authorising provision
These Regulations are made under section 365 of the Transport (Compliance and Miscellaneous) Act 1983.
3Commencement
These Regulations come into operation on 1 January 2020.
4Definitions
In these Regulations—
commencement day means the day on which section 184 of the Transport Legislation Amendment Act 2019 comes into operation;
Public Transport Development Authority means the Public Transport Development Authority established under section 79A of the Transport Integration Act 2010 and in existence immediately before the commencement day;
Roads Corporation has the same meaning as in section 3 of the Transport Integration Act 2010;
the Act means the Transport (Compliance and Miscellaneous) Act 1983.
Part 2—Transitional provisions relating to the Act
5Things done by Roads Corporation or its chief executive before first commencement day
Anything done by the Roads Corporation or the Chief Executive of the Roads Corporation in the performance of a function or duty, or exercise of a power, under the Act before the commencement day is taken, on that day, to have been done by the Secretary in the performance of a function or duty, or exercise of a power, under the Act.
6Things commenced but not completed by Roads Corporation or its chief executive
(1)This section applies if, before the commencement day, the Roads Corporation or the Chief Executive of the Roads Corporation in the performance of a function or duty, or exercise of a power, under the Act has commenced a matter or thing and has not completed that matter or thing before that day.
(2)On and after the commencement day, the Secretary must continue and complete that matter or thing and, for the purposes of this section, anything done by the Roads Corporation or the Chief Executive of the Roads Corporation before that day is taken to have been done by the Secretary.
7Superseded references
Subject to this Part, a reference to the Roads Corporation or the Chief Executive of the Roads Corporation in any instrument (including a subordinate instrument) made under or for the purposes of the Act, or any other document (by whatever name) prepared or made under or for the purposes of the Act, must be construed as a reference to the Secretary—
(a)so far as the reference relates to any period on or after the commencement day; and
(b)if not inconsistent with the subject matter.
8Persons authorized by the Roads Corporation for the purposes of section 216 of the Act
(1)An officer of the Roads Corporation who, immediately before the commencement day, is authorized for the purposes of section 216 of the Act by the Roads Corporation continues, on and after that day to be authorized for the purposes of that section by the Secretary as if that officer were employed under Part 3 of the Public Administration Act 2004 in the Department.
(2)A person (other than an officer of the Roads Corporation) who, immediately before the commencement day, is authorized for the purposes of section 216 of the Act by the Roads Corporation continues, on and after that day, to be authorized for the purposes of that section by the Secretary.
9Persons authorized by Roads Corporation for the purposes of section 217 of the Act
A person (other than an officer of the Roads Corporation) who, immediately before the commencement day, is authorized for the purposes of section 217 of the Act by the Roads Corporation continues, on and after that day, to be authorized for the purposes of that section by the Secretary.
10Documents that are authorities and signed by Chief Executive of Roads Corporation
Without limiting regulation 7, a document signed by the Chief Executive of the Roads Corporation before the commencement day, and referred to in section 217(3) of the Act is taken, on that day, to be signed by the Secretary and continues on and after that day to have effect according to its tenor.
11Permits for overdimensional vehicles to cross tracks
A permit granted by the Roads Corporation under section 221XA of the Act that is in effect immediately before the commencement day is taken, on that day, to be a permit granted under that section by the Head, Transport for Victoria.
12Permissions relating to prescribed equipment
A permission given by the Public Transport Development Authority for the purposes of section 222B(2) of the Act that is in effect immediately before the commencement day is taken, on that day, to be a permission given under that section by the Head, Transport for Victoria.
13Persons authorised to bring prosecutions
(1)A person who, immediately before the commencement day, is authorised for the purposes of section 229(1) of the Act by the Roads Corporation continues, on and after that day, to be authorised for the purposes of that subsection by the Secretary.
(2)A person who, immediately before the commencement day, is authorised for the purposes of section 229(1A)(a) of the Act by the Roads Corporation continues, on and after that day, to be authorised for the purposes of that subsection by the Secretary.
14Evidentiary provisions—Chief Executive of Roads Corporation
(1)A certificate signed by the Chief Executive of the Roads Corporation before the commencement day, and referred to section 230(2) of the Act is taken, on that day, to have been issued by the Head, Transport for Victoria and continues on and after that day to have effect according to its tenor.
(2)A notice, statement, certificate or other document signed by the Chief Executive of the Roads Corporation before the commencement day, and referred to section 230(4) of the Act, of the Act is taken, on that day, to have been issued by the Head, Transport for Victoria and continues on and after that day to have effect according to its tenor.
15Evidentiary provisions—Chief Executive Officer of Public Transport Development Authority
(1)A notice, statement, certificate or other document signed by the Chief Executive Officer of the Public Transport Development Authority before the commencement day, and referred to section 230(4) of the Act is taken, on that day, to have been issued by the Head, Transport for Victoria and continues on and after that day to have effect according to its tenor.
(2)A certificate issued by the Chief Executive Officer of the Public Transport Development Authority before the commencement day, and referred to section 230AD of the Act is taken, on that day, to have been issued by the Head, Transport for Victoria and continues on and after that day to have effect according to its tenor.
(3)A certificate issued by a person authorised by the Public Transport Development Authority before the commencement day, and referred to section 230AD of the Act is taken, on that day, to have been issued by the Head, Transport for Victoria and continues on and after that day to have effect according to its tenor.
16Fees and further charges for overdimensional vehicle permits to cross tracks
On and after the commencement day, section 363 of the Act is to be read as if the reference to employees of the Roads Corporation in subsection (1)(d) of that section were omitted.
Part 3—Transitional provisions relating to the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017
17Exemptions—Public Transport Development Authority authorisations
An authorisation given by the Public Transport Development Authority for the purposes of regulation 27(c) of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017[1] that is in effect immediately before the commencement day is taken, on that day, to be an authorisation given by the Head, Transport for Victoria.
18Exemptions—Public Transport Development Authority determined areas
A determination of the Public Transport Development Authority for the purposes of regulation 27(d) of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017 that is in effect immediately before the commencement day is taken, on that day, to be determination made by the Head, Transport for Victoria.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Transport (Compliance and Miscellaneous) (Transport Legislation Amendment Act 2019) Transitional Regulations 2019, S.R. No. 171/2019 were made on 23 December 2019 by the Governor in Council under section 365 of the Transport (Compliance and Miscellaneous) Act 1983, No. 9921/1983 and came into operation on 1 January 2020: regulation 3.
The Transport (Compliance and Miscellaneous) (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 will sunset 10 years after the day of making on 23 December 2029 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Transport (Compliance and Miscellaneous) (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Reg. 17: S.R. No. 48/2017 as amended by S.R. Nos 22/2018, 55/2018, 150/2018, 22/2019 and 57/2019.
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