Transport (Further Amendment) Act 2001 (Vic)

Transport (Further Amendment) Act 2001

Act No. 54/2001

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—AMENDMENTS TO TRANSPORT ACT 1983 AND

ROAD SAFETY ACT 1986 3

3.	Principal Act	3
4.	Amendments to definitions section	3
5.	Objects and functions of the Department	4
6.	Contracts for the provision of transport service	4
7.	Particular powers of Secretary	4
8.	Repeal of section 6C	4
9.	Repeal of sections 13 and 14 and Division 3A of Part II	4
10.	Repeal of section 26A	4
11.	Repeal of section 39(2)	4
12.	Power of former Corporation to assign its rights and liabilities	4
13.	Repeal of section 68A	5
14.	Insertion of new section 76A	5

76A.	Power to give a guarantee in relation to a contract
assigned by the Secretary 5

15.      Guarantee provision—Change of references to Treasurer and

power to amend guarantee 7

16.      Guarantee provision—Repeal of power to execute guarantee in

favour of PTC 9
17.	Insertion of new section 77A 10
77A. Power to give a guarantee in relation to a contract

assigned by the Secretary 10

18.	Repeal of sections 79, 80 and 81	12
19.	Powers of arrest and removal	12
20.	Offences to smoke in carriage etc. in certain circumstances	12
21.	Amendment to definition of graffiti clean-up program	12
22.	Determination of differences	12
23.	Amendment of regulation making power	13
24.	Amendment to Schedule 5—provisions with respect to roads	13

i

Section Page

25.      Consequential amendments to Principal Act and Road Safety

Act 1986 13
26.	Insertion of new Division 3 of Part 8 13

Division 3—Transitional and Savings Provisions—Transport

(Further Amendment) Act 2001 13

257. Definitions 13

258. Transfer of rights and liabilities etc. of PTC to the

Secretary on behalf of the Crown 13

259.	List of staff to be transferred	16
260.	Transfer of staff of PTC	16
261.	Savings provision—assignments	18
262.	Savings provision—guarantees	18
263.	Transitional provision—Power to amend or grant further
guarantee on assignment of contract	18

27. Statute law revision 20

PART 3—AMENDMENTS TO THE RAIL CORPORATIONS ACT

1996   21

28.	Definitions	21
29.	Statute Law Revision	21
30.	Removal of power of Minister to direct PTC to enter into lease	21
31.	Amendment to requirement to fence	21
32.	Amendment to level crossing provision	21
33.	Amendment to provision relating to tram infrastructure	22
34.	Amendment to provision relating to power to stop traffic	22
35.	Amendment of provision relating to prohibited interests	22
36.	Insertion of new sections 114 and 115	22

114.	Order relating to no obligation to fence	22
115.	Order relating to power to stop of traffic	23

PART 4—AMENDMENTS TO OTHER ACTS CONSEQUENT ON
THE ABOLITION OF THE PUBLIC TRANSPORT

CORPORATION 24

37.	Amendment to Transport Accident Act 1986	24
38.	Amendment to Transport Superannuation Act 1988	24
39.	Amendments to Limitation of Actions Act 1958	24
40.	Insertion of new definition of "Rail Track" in Melbourne and
Metropolitan Board of Works Act 1958	25
41.	Amendments to Melbourne and Metropolitan Board of Works
Act 1958	25
42.	Amendments to National Rail Corporation (Victoria) Act
1991	26
43.	Amendment to Southgate Project Act 1994	26

ii

Section Page

44. Amendment to Water Industry Act 1994 27

PART 5—AMENDMENTS TO THE MELBOURNE CITY LINK
ACT 1995 AND THE MELBOURNE CITY LINK

(MISCELLANEOUS AMENDMENTS) ACT 2000 28

45.	Temporary Registration	28
46.	Offence to give fraudulent information	28
47.	Repeal of sunset provisions—Melbourne City Link
(Miscellaneous Amendments) Act 2000	28

_________________

SCHEDULE—Consequential amendments to Transport Act 1983

and Road Safety Act 1986 30

═══════════════

ENDNOTES 35

iii

Victoria

No. 54 of 2001

Transport (Further Amendment) Act

2001†

[Assented to 2 October 2001]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a)	to make provision for the winding-up of the Public Transport Corporation; and
(b)	to make consequential and other minor amendments to the Transport Act 1983, the

Transport (Further Amendment) Act 2001

s. 2 Act No. 54/2001

Rail Corporations Act 1996 and other Acts; and

(c) to make amendments to the tolling provisions in the Melbourne City Link Act 1995 and to make other minor amendments to that Act.

2. Commencement

(1) Section 1 and this section come into operation on

the day after the day on which this Act receives
the Royal Assent.

(2) Subject to sub-sections (3), (4) and (5) the

remaining provisions of this Act (including the items in the Schedule) come into operation on a day or days to be proclaimed.

(3) Section 14 is repealed on 29 June 2003, if it has not come into operation before 29 June 2003.

(4) Section 17 is repealed on 29 June 2003, if it has not come into operation before 29 June 2003.

(5) If a provision referred to in sub-section (2) (that is

not a provision to which sub-section (3) or (4)
applies) does not come into operation before
30 June 2003, it comes into operation on that day.

_______________
Transport (Further Amendment) Act 2001

Act No. 54/2001 s. 3

PART 2—AMENDMENTS TO TRANSPORT ACT 1983 AND

ROAD SAFETY ACT 1986

See:

3. Principal Act Act No.
9921.

In this Part, the Transport Act 1983 is called the	Reprint No. 7
Principal Act.	as at 31 May 2000
and amending
Act Nos
69/2000,
74/2000 and
81/2000. LawToday:
dpc.vic.
gov.au

4. Amendments to definitions section

(1) In section 2(1) of the Principal Act—

(a) insert the following definition—
' "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;';

(b)	the definition of "Administrator" is repealed;
(c)	the definition of "Associated Authority" is repealed;
(d)	in the definition of "Corporation", omit "the Public Transport Corporation or";
(e)

in the definition of "officer" for "the Corporation";

Transport (Further Amendment) Act 2001

s. 5 Act No. 54/2001

(f) the definition of "Public Transport Corporation" is repealed.

(2) In section 2 of the Principal Act, sub-sections (4) (5) and (6) are repealed.

5. Objects and functions of the Department

In section 4(2)(aa) of the Principal Act, for "Public Transport Corporation" substitute "former Corporation".

6. Contracts for the provision of transport service

In section 5 of the Principal Act—

(a) in paragraph (a), for "services; and" substitute "services.";

(b) paragraphs (b) and (c) are repealed.

7. Particular powers of Secretary

Section 6A(3) of the Principal Act is repealed.

8. Repeal of section 6C

Section 6C of the Principal Act is repealed.

9.  Repeal of sections 13 and 14 and Division 3A of Part II

Sections 13 and 14 and Division 3A of Part II of the Principal Act are repealed.

10. Repeal of section 26A

Section 26A of the Principal Act is repealed.

11. Repeal of section 39(2)

Section 39(2) of the Principal Act is repealed.

12.  Power of former Corporation to assign its rights and liabilities

Section 40 of the Principal Act is repealed.

Transport (Further Amendment) Act 2001

Act No. 54/2001 s. 13

13. Repeal of section 68A

Section 68A of the Principal Act is repealed.

14. Insertion of new section 76A

After section 76 of the Principal Act insert—

'76A. Power to give a guarantee in relation to a contract assigned by the Secretary

(1) Where—

(a)	the rights and liabilities of the Public Transport Corporation under the relevant contract have been transferred to 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

Transport (Further Amendment) Act 2001

s. 14 Act No. 54/2001

(b) person under the relevant contract have

the obligations of the first-mentioned (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)	person under the relevant contract have

the obligations of the first-mentioned (1)—

the Treasurer may amend any guarantee
given by him under sub-section (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

this section must be paid out of the

fulfilling any guarantee given by him under 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.

Transport (Further Amendment) Act 2001

Act No. 54/2001 s. 15

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

15.  Guarantee provision—Change of references to Treasurer and power to amend guarantee

(1) In section 77(1) of the Principal Act, for "The Minister administering Part 7 of the Financial Management Act 1994" substitute "The

Treasurer".

(2) In section 77(1A) of the Principal Act, for "The

Minister administering Part 7 of the Financial
Management Act 1994" substitute "The
Treasurer".

(3) In section 77(1B) of the Principal Act —

(a)	for "the Minister administering Part 7 of the Financial Management Act 1994" substitute "the Treasurer";
(b)	for "that Minister" substitute "the Treasurer".

(4) In section 77 of the Principal Act, after sub-

section (1B) insert—

"(1C) Where the rights and liabilities of the Public

Transport Corporation arising under a contract entered into by the Corporation with a person pursuant to this Act are transferred to another person (whether by allocation or by any other operation of law), the Treasurer may amend any guarantee given by him or her under this section in respect of that contract so that it extends to guaranteeing the due performance of any obligations of that

Transport (Further Amendment) Act 2001

s. 15 Act No. 54/2001

other person under the contract (whether or

not that other person is the Secretary).

(1D) Where—

(a)	the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person or transferred to another person (whether by way of allocation or by any other operation of law); and
(b)

the obligations of the first-mentioned been guaranteed under this section—

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 (whether or not the second-

mentioned person is the Secretary).

(1E) Where—

(a)	the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person or transferred to another person (whether by way of allocation or by any other operation of law); and
(b)

the obligations of the first-mentioned been guaranteed under this section—

the Treasurer may amend any guarantee
under this section so that it extends to
guaranteeing the due performance of any
obligations of the second-mentioned person
under the relevant contract (whether or not
the second-mentioned person is the
Secretary).".

Transport (Further Amendment) Act 2001

Act No. 54/2001 s. 16

(5) In section 77(2) of the Principal Act—

(a)	for "the Minister administering Part 7 of the Financial Management Act 1994" substitute "the Treasurer";
(b)	for "that Minister" (wherever occurring) substitute "the Treasurer".

(6) In section 77(3) of the Principal Act —

(a)	for "the Minister administering Part 7 of the Financial Management Act 1994" substitute "the Treasurer";
(b)	for "that Minister" substitute "the Treasurer".

(7) At the end of section 77 of the Principal Act

insert—

'(4) In this section "relevant contract" means

the service contract entered into between the Transit Systems Pty Ltd ACN 059 733 443 with effect from 24 May 1994 as amended, varied and restated from time to time.'.

16.  Guarantee provision—Repeal of power to execute guarantee in favour of PTC

(1) In section 77(1) of the Principal Act, for

"a Corporation" substitute "the Corporation". (2) In section 77(1A) of the Principal Act, for
"a Corporation" substitute "the Corporation". (3) In section 77(1B) of the Principal Act, for

"a Corporation" substitute "the Corporation". (4) In section 77 of the Principal Act, sub-sections (1C), (1D) and (1E) are repealed.

Transport (Further Amendment) Act 2001

s. 17 Act No. 54/2001

(5) In section 77(3) of the Principal Act, for
"a Corporation" substitute "the Corporation". (6) In section 77 of the Principal Act, sub-section (4)

is repealed.

17. Insertion of new section 77A

After section 77 of the Principal Act insert—

'77A. Power 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

Transport (Further Amendment) Act 2001

Act No. 54/2001 s. 17

(b) person under the relevant contract have

the obligations of the first-mentioned (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)	person under the relevant contract have

the obligations of the first-mentioned (1)—

the Treasurer may amend any guarantee
given by him or her under sub-section (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

under this section must be paid out of the

fulfilling any guarantee given by him or her 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.

Transport (Further Amendment) Act 2001

s. 18 Act No. 54/2001

(5) In this section "relevant contract" means

former Corporation and OneLink Transit

the service contract entered into between the effect from 24 May 1994 as amended, varied and restated from time to time.'.

18. Repeal of sections 79, 80 and 81

Sections 79, 80 and 81 of the Principal Act are repealed.

19. Powers of arrest and removal

(1) In section 219(1A) of the Principal Act, in the

definition of "relevant employee", paragraph (a) is
repealed.

(2) In section 219 of the Principal Act, sub-section (7)

is repealed.

(3) In section 220(1) of the Principal Act, in the

definition of "relevant employee", paragraph (a) is
repealed.

20.  Offences to smoke in carriage etc. in certain circumstances

In section 222(3)(e) of the Principal Act, for
"the Public Transport Corporation" substitute
"a passenger transport company".

21. Amendment to definition of graffiti clean-up program In section 223A(3) of the Principal Act, for "Chief Executive of the Public Transport Corporation"

substitute "Secretary".

22. Determination of differences

In section 252(1) of the Principal Act, for
"a Corporation" substitute "the Corporation".

Transport (Further Amendment) Act 2001

Act No. 54/2001 s. 23

23. Amendment of regulation making power

In section 256(1)(a) of the Principal Act, for
"a Corporation" (where twice occurring)
substitute "the Corporation".

24.  Amendment to Schedule 5—provisions with respect to roads

In clause 26A(5) of Schedule 5 to the Principal
Act, for "the Public Transport Corporation"
(where twice occurring) substitute "Rail Track".

25. Consequential amendments to Principal Act and Road Safety Act 1986

On the coming into operation of an item in the item is amended as set out in that item.

26. Insertion of new Division 3 of Part 8

In Part 8 of the Principal Act, after Division 2 insert—

'Division 3—Transitional and Savings Provisions—Transport (Further Amendment)

Act 2001

257.

Definitions the day on which section 9 of the Transport (Further Amendment) Act 2001 comes into operation.

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

(1) On the appointed day—

(a) the offices of the Administrator of the Public Transport Corporation and the Deputy Administrator of the Public

Transport Corporation are abolished

Transport (Further Amendment) Act 2001

s. 26	Act No. 54/2001
and the person holding each office goes out of office; and

(b) immediately before the appointed day

all rights, property and assets that, Corporation, vest in the Secretary, on behalf of the Crown; and

(c) the Public Transport Corporation
existing immediately before the
appointed day, become debts, liabilities

all debts, liabilities and obligations of behalf of the Crown; and

(d)	the Secretary, on behalf of the Crown, is substituted as a party to any proceedings pending in any court or tribunal to which the Public Transport Corporation was a party immediately before the appointed day; and
(e)	the Secretary, on behalf of the Crown, is substituted as a party to any arrangement or contract entered into by or on behalf of the Public Transport Corporation and in force immediately before the appointed day; and
(f)	any reference to the Public Transport Corporation in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the appointed day, and if not inconsistent with the context or subject-matter, must be construed as a reference to the Secretary, on behalf of the Crown.

Transport (Further Amendment) Act 2001

Act No. 54/2001 s. 26

(2) Nothing effected under sub-section (1) or

done or suffered under sub-section (1)—

(a)	is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong;
(b)	is to be regarded as placing any person in breach of, or as constituting a default under any Act or other law or
obligation or any provision in any agreement or understanding, including, but not limited to, any provision or obligation prohibiting or restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information;
(c)	is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in
respect of or to terminate any agreement or obligation; or
(d)	is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or
instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or
(e)	is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or
(f)	is to be regarded as frustrating any contract; or
(g)	releases any surety or other obligor wholly or in part from any obligation.

Transport (Further Amendment) Act 2001

s. 26 Act No. 54/2001

259.

List of staff to be transferred officers and employees of the Public Transport Corporation employed by the Public Transport Corporation immediately before the appointed day who are to be employed under Part 3 of the Public Sector Management and Employment Act 1998.

260. Transfer of staff of PTC

(1) A person listed under section 259

("transferred employee") is to be regarded

as—

(a) having been employed under Part 3 of the Public Sector Management and Employment Act 1998, with effect

from the appointed day; and

(b)	having been so employed on the same terms and conditions as those that applied to the person immediately before the appointed day as an officer or employee of the Public Transport Corporation; and
(c)	benefits in connection with that employment under Part 3 of the Public Sector Management and Employment Act 1998 that is equivalent to the entitlement that the person had accrued, as an officer or employee of the Public Transport

having accrued an entitlement to appointed day.

Transport (Further Amendment) Act 2001

Act No. 54/2001 s. 26

(2) The service of a transferred employee as an employee under Part 3 of the Public Sector Management and Employment Act 1998 is

to be regarded for all purposes as having
been continuous with the service of the
transferred employee, immediately before
the appointed day, as an officer or employee
of the Public Transport Corporation.

(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer

or employee of the Public Transport
Corporation because of the operation of this
Division.

(4) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the

appointed day, employed, by virtue of this section, under Part 3 of the Public Sector Management and Employment Act 1998,

is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

(5) The superannuation entitlements of any

person who is a transferred employee are to
be taken not to be affected by that person
becoming a transferred employee.

(6) Nothing in this section prevents—

(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the appointed day; or

Transport (Further Amendment) Act 2001

s. 26 Act No. 54/2001

(b) or being dismissed at any time after that

a transferred employee from resigning then existing terms and conditions of his or her employment under Part 3 of the Public Sector Management and Employment Act 1998.

261. Savings provision—assignments

(1) The commencement of section 12 of the Transport (Further Amendment) Act 2001 does not affect any assignment made

under the former section before that
commencement.

(2) In this section, "the former section" means section 40 as in force before its repeal.

262. Savings provision—guarantees

(1) The commencement of section 16 of the Transport (Further Amendment) Act 2001 does not affect the execution, validity,

amendment or assignment of any guarantee effected under the former section 77 before that commencement.

(2) In this section, "the former section 77"

means section 77 as in force before the
commencement of section 16 of the
Transport (Further Amendment) Act
2001.

263.

Transitional provision—Power to amend or contract

(1) Where—

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

Transport (Further Amendment) Act 2001

Act No. 54/2001	s. 26
person (whether by way of allocation or by any other operation of law); and

(b)

the obligations of the first-mentioned been guaranteed under section 77 (as in force before the commencement of section 16 of the Transport (Further Amendment) Act 2001—

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 (whether or not the second-

mentioned person is the Secretary).

(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 or transferred to another person (whether by way of allocation or by any other operation of law); and
(b)

the obligations of the first-mentioned been guaranteed under section 77 (as in force before the commencement of section 16 of the Transport (Further Amendment) Act 2001)—

the Treasurer may amend any guarantee
under section 77 (as so in force) so that it
extends to guaranteeing the due performance
of any obligations of the second-mentioned
person under the relevant contract (whether
or not the second-mentioned person is the
Secretary).

Transport (Further Amendment) Act 2001

s. 27 Act No. 54/2001

(3) In this section "relevant contract" means

former Corporation and OneLink Transit

the service contract entered into between the effect from 24 May 1994 as amended, varied and restated from time to time.'.

27. Statute law revision

In section 139(1) of the Principal Act, for "to sub- section (1B)" substitute "sub-section (1A)".

_______________
Transport (Further Amendment) Act 2001

Act No. 54/2001 s. 28

PART 3—AMENDMENTS TO THE RAIL CORPORATIONS

ACT 1996

See:

28. Definitions Act No. 79/1996.

In section 3(3) of the Rail Corporations Act	Reprint No. 2
1996, in paragraph (a) omit "or the Public	as at 1 January
Transport Corporation".	2001. LawToday:
dpc.vic.
gov.au

29. Statute Law Revision

In section 55(g) of the Rail Corporations Act
1996, for "obligee" substitute "obligor".

30.  Removal of power of Minister to direct PTC to enter into lease

In section 56 of the Rail Corporations Act 1996, omit "the PTC or".

31. Amendment to requirement to fence

In section 61(4)(b) of the Rail Corporations Act

1996—

(a) omit "the Public Transport Corporation,";

(b) for "the Public Transport Corporation or" substitute "or".

32. Amendment to level crossing provision

In section 64(1)(a) of the Rail Corporations Act 1996, for "entered into by Rail Track, the Public Transport Corporation or the Secretary or the

Director acting on behalf of" substitute "between that person and Rail Track or that person and".

Transport (Further Amendment) Act 2001

s. 33 Act No. 54/2001

33.  Amendment to provision relating to tram infrastructure

In section 65(1) of the Rail Corporations Act that person and Rail Track or that person and".

1996, for "entered into by Rail Track, the Public
Transport Corporation or the Secretary or the

34.  Amendment to provision relating to power to stop traffic

In section 67 of the Rail Corporations Act

1996—

(a)	in sub-section (1), for "entered into by Rail Track, the Public Transport Corporation or the Secretary or the Director acting on behalf
of" substitute "between that person and Rail Track or that person and"; and
(b)	in sub-section (4), in paragraph (b) omit ", the Public Transport Corporation" (wherever occurring).

35.  Amendment of provision relating to prohibited interests

In section 92(6) of the Rail Corporations Act
1996, for "entered into by the other operator with
the Director acting on behalf of the Crown, the
Public Transport Corporation, Rail Track"
substitute "between that person and the Crown,

Rail Track".

36. Insertion of new sections 114 and 115

After section 113 of the Rail Corporations Act

1996 insert—

"114. Order relating to no obligation to fence

Despite the commencement of section 31 of the Transport (Further Amendment) Act 2001, an Order of the Governor in Council in

Transport (Further Amendment) Act 2001

Act No. 54/2001 s. 36

force under section 61(4) immediately before
that commencement continues in force
subject to any terms and conditions specified

in the Order.

115.

Order relating to power to stop of traffic the Transport (Further Amendment) Act 2001, an Order of the Governor in Council in force under section 65(3) immediately before that commencement continues in force subject to any terms and conditions specified in the Order.".

_______________
Transport (Further Amendment) Act 2001

s. 37 Act No. 54/2001

PART 4—AMENDMENTS TO OTHER ACTS CONSEQUENT
ON THE ABOLITION OF THE PUBLIC TRANSPORT

CORPORATION

See:

Act No.	37. Amendment to Transport Accident Act 1986
111/1986.
Reprint No. 7	After section 135(4) of the Transport Accident
as at	Act 1986, insert—
1 July 2000
Law Today:
'(5) In this section "Public Transport
dpc.vic.gov.	Corporation" has the same meaning as
au	"former Corporation" has in the Transport Act 1983.'.
See:
Act No.	38. Amendment to Transport Superannuation Act 1988
33/1988.
Reprint No. 3	In section 3(1) of the Transport Superannuation
as at	Act 1988, in the definition of "Transport
1 July 1999
and	Authority", omit paragraph (a).
amending
Act Nos
29/2000 and
95/2000.
Law Today:	See:
Act No.	39. Amendments to Limitation of Actions Act 1958
6295.
Reprint No. 6	In section 7A of the Limitation of Actions Act
as at	1958—
8 December
1994.
LawToday:	(a) omit "the Public Transport Corporation
established under the Transport Act 1983 or
dpc.vic.	of";
gov.au

(b) for "that Corporation or Victorian Rail Track (as the case requires)" substitute "Victorian Rail Track".

Transport (Further Amendment) Act 2001

Act No. 54/2001 s. 40

40. Insertion of new definition of "Rail Track" in See:
Act No.

Melbourne and Metropolitan Board of Works Act	6310.
1958	Reprint No. 9 as at

In section 3(1) of the Melbourne and	1 July 1999 and
Metropolitan Board of Works Act 1958, insert	amending
the following definition—	Act Nos 66/2000,
' "Rail Track" means the body established under Division 2 of Part 2 of the Rail	69/2000 and 81/2000.
Law Today:
Corporations Act 1996;'.	dpc.vic.gov.
au

41. Amendments to Melbourne and Metropolitan Board of Works Act 1958

(1) In section 152 of the Melbourne and

Metropolitan Board of Works Act 1958 for "the Public Transport Corporation" substitute "Rail Track".

(2) In section 180 of the Melbourne and

Metropolitan Board of Works Act 1958 for "the Public Transport Corporation" (wherever occurring) substitute "Victorian Rail Track".

(3) In section 181 of the Melbourne and

Metropolitan Board of Works Act 1958 for "the Public Transport Corporation" (wherever occurring) substitute "Rail Track".

(4) In section 183 of the Melbourne and

Metropolitan Board of Works Act 1958 for "the Public Transport Corporation" substitute "Rail Track".

(5) In section 239 of the Melbourne and

Metropolitan Board of Works Act 1958 for "the Public Transport Corporation" substitute "Rail Track".

(6) In section 259(1) of the Melbourne and

Metropolitan Board of Works Act 1958, in the

Transport (Further Amendment) Act 2001

s. 42 Act No. 54/2001

definition of "public corporation", omit "the

Public Transport Corporation,".

(7) Section 263 of the Melbourne and Metropolitan

Board of Works Act 1958, sub-section (5) is repealed.

(8) In section 272(b)(i) of the Melbourne and

Metropolitan Board of Works Act 1958 for "the Public Transport Corporation" substitute "Victorian Rail Track".

See:

Act No.	42. Amendments to National Rail Corporation (Victoria)
76/1991	Act 1991
and
amending	(1) In section 3 of the National Rail Corporation
Act Nos
16/1998 and	(Victoria) Act 1991—
85/1998.  LawToday:	(a) the definition of "PTC" is repealed;
	dpc.vic.	(b) in the definition of "rail freight assets", omit
gov.au	"or of the PTC".

(2) Section 10 of the National Rail Corporation (Victoria) Act 1991 is repealed.

See:

Act No.	43. Amendment to Southgate Project Act 1994
57/1994.  LawToday:	In paragraph (a) of the definition of "owner" in
section 3 of the Southgate Project Act 1994, for
dpc.vic.
gov.au	"the Public Transport Corporation" substitute "Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996".

Transport (Further Amendment) Act 2001

Act No. 54/2001 s. 44

44. Amendment to Water Industry Act 1994 See:
Act No.

In Schedule 1 to the Water Industry Act 1994—	121/1994. Reprint No. 3
(a) in item 1, for "the Public Transport Corporation" substitute "Victorian Rail	as at 1 January
1999
Track established by Division 2 of Part 2 of	and amending
the Rail Corporations Act 1996";	Act Nos 22/1999,
(b) in item 2, for "the Public Transport Corporation" substitute "Victorian Rail	59/2000 and
66/2000. LawToday:
Track established by Division 2 of Part 2 of
the Rail Corporations Act 1996".	dpc.vic.
gov.au

_______________
Transport (Further Amendment) Act 2001

s. 45 Act No. 54/2001

PART 5—AMENDMENTS TO THE MELBOURNE CITY LINK

ACT 1995 AND THE MELBOURNE CITY LINK (MISCELLANEOUS AMENDMENTS) ACT 2000

See:

Act No.	45. Temporary Registration
107/1995.
Reprint No. 3	(1) In section 73C(1) of the Melbourne City Link
as at	Act 1995, for "27 hours" substitute "14 days".
1 July 1999
and
amending	(2) For section 73C(2) of the Melbourne City Link
Act Nos	Act 1995 substitute—
102/1998,
4/2000,	"(2) Registration in accordance with this section
69/2000,
74/2000 and	may be granted subject to conditions of use
81/2000.	notified to the person seeking the registration
LawToday:
either orally or in writing or partly orally and
dpc.vic.	in writing.
gov.au

(2A) If registration is sought on a particular day, the commencement of the registration may be back-dated to a time not earlier than the beginning of the immediately preceding

day.".

46. Offence to give fraudulent information

At the end of section 75 of the Melbourne City
Link Act 1995 insert—
"(2) A person who seeks the right to drive a

vehicle on a tollway must not make a false representation to a relevant corporation in seeking to do so.

Penalty: 10 penalty units.".

47.  Repeal of sunset provisions—Melbourne City Link (Miscellaneous Amendments) Act 2000

(1) In section 22(2) of the Melbourne City Link (Miscellaneous Amendments) Act 2000, proposed sub-section (1B) of section 77 of the Melbourne City Link Act 1995 is repealed.

Transport (Further Amendment) Act 2001

Act No. 54/2001 s. 47

(2) In section 23 of the Melbourne City Link (Miscellaneous Amendments) Act 2000, proposed sub-section (1B) of section 78 of the

Melbourne City Link Act 1995 is repealed.

_________________
Transport (Further Amendment) Act 2001

Sch. Act No. 54/2001

SCHEDULE

CONSEQUENTIAL AMENDMENTS TO TRANSPORT ACT

1983 AND ROAD SAFETY ACT 1986

1. Transport Act 1983

1.1 In section 4(2), in paragraph (c), for "Corporations"

substitute "Corporation".

1.2 In section 4(2), in paragraph (d), for "Corporations"

substitute "Corporation".

1.3 In section 4(2), in paragraph (e), for "Corporations in the exercise of their functions" substitute "Corporation in the exercise of its functions".

1.4 In section 4(2), in paragraph (g), for "Corporations"

substitute "Corporation".

1.5 In the heading to Division 3 of Part II, for "Corporations"
substitute "Corporation".

1.6 In section 21(1) for "Each" substitute "The".

1.7 In section 21(2) for "a Corporation" substitute

"the Corporation".

1.8 In section 27 for "Each" substitute "The".

1.9 In section 29 for "a Corporation" substitute

"the Corporation".

1.10 In section 31(1) for "Each" substitute "The".

1.11 In section 31(2) for "a Corporation" substitute

"the Corporation".

1.12 In section 32(2) for "A Corporation" substitute

"The Corporation".

1.13 In the heading to Part III for "CORPORATIONS"

substitute "CORPORATION".

1.14 Sections 32(2A) and 32(3A) are repealed.

1.15 In section 38(1) for "Each" substitute "The".

1.16 In section 38(2) for "a Corporation" substitute

"the Corporation".

Transport (Further Amendment) Act 2001

Act No. 54/2001 Sch.

1.17 In section 39(1) for "a Corporation" substitute

"the Corporation".

1.18 In section 39(2) for "a Corporation" substitute

"the Corporation".

1.19 In section 42(1) for "A Corporation" substitute

"The Corporation".

1.20 In section 42(2)(b), for "Public Transport Corporation or the

Roads Corporation (as the case requires)" substitute
"Corporation".

1.21 In section 42(5) for "a Corporation" substitute

"the Corporation".

1.22 In section 42(6) for "a Corporation" substitute

"the Corporation".

1.23 In section 42(8) for "a Corporation" substitute

"the Corporation".

1.24 In section 42(9) for "a Corporation" substitute

"the Corporation".

1.25 In section 42(10) for "a Corporation" substitute

"the Corporation".

1.26 In section 45(1) for "A Corporation" substitute

"The Corporation".

1.27 In section 45(2) for "a Corporation" substitute

"the Corporation".

1.28 In section 45(3) for "A Corporation" substitute

"The Corporation".

1.29 In section 46 for "a Corporation" substitute

"the Corporation".

1.30 In section 47(1) for "a Corporation" substitute

"the Corporation".

1.31 In section 47(2) for "A Corporation" substitute

"The Corporation".

1.32 Sections 47(5) and 47(6) are repealed.

1.33 Section 55(2) is repealed.

1.34 In section 56(2)(r), for "a Corporation" substitute

"the Corporation".

1.35 In section 58(1) for "each Corporation (where twice
occurring)" substitute "the Corporation".
Transport (Further Amendment) Act 2001

Sch. Act No. 54/2001

1.36 In section 58(2) omit "relevant". 1.37 In section 58(3) omit "relevant". 1.38 In section 58(5) for "Each" substitute "The".

1.39 In section 58(6) omit "relevant".

1.40 In section 59—

(a)	for "Corporations in the preparation of their budgets" substitute "Corporation in the preparation of its budgets"; and
(b)	for "inform the Corporations" substitute "inform the Corporation".

1.41 In section 60(1) for "each" substitute "the".
1.42 In section 60(2) for "Each" substitute "The".

1.43 In section 60(3)—

(a) for "each" substitute "the"; and

(b) for "Corporations" substitute "Corporation".

1.44 In section 60(4) for "Each" substitute "The".

1.45 In section 60(5) for "a Corporation" substitute

"the Corporation".

1.46 In section 60(6) for "Each" substitute "The". 1.47 In section 60(7), for "Each" substitute "The". 1.48 In section 61—

(a) in paragraph (a), for "each" substitute "the"; and

(b) in paragraph (b), for "those Corporations" substitute "the Corporation".

1.49 In section 62 for "each" substitute "the".

1.50 In section 63—

(a)	for "a Corporation or Corporations" substitute "the Corporation";
(b)	omit "any consequent changes that may be necessary to the budgets of the other Corporation and to";
(c)	for "budgets of Corporations" substitute "budget of the Corporation".

1.51 In section 64(1)—

Transport (Further Amendment) Act 2001

Act No. 54/2001 Sch.

(a) for "a Corporation" substitute "the Corporation"; and

(b) for "that Corporation" substitute "the Corporation".

1.52 In section 65 for "a Corporation" substitute

"the Corporation,".

1.53 In section 66(1) for "Each" substitute "The". 1.54 In section 66(2) for "Each" substitute "The". 1.55 In section 66(3) for "each" substitute "the".

1.56 In section 66(4) for "each" substitute "the".

1.57 In section 66(5) for "a Corporation" substitute

"the Corporation".

1.58 In section 66(6) for "A Corporation" substitute

"The corporation".

1.59 In section 76(1) for "Roads Corporation" substitute

"Corporation".

1.60 In section 81A for "A corporation" substitute

"The Corporation".

1.61 Section 81B is repealed.

1.62 In section 97(5)(d), omit "or the Public Transport

Corporation".

1.63 In section 143(1)(e), omit "the Public Transport

Corporation or".

1.64 In section 149(2), paragraph (a) is repealed.

1.65 In section 249(1) for "a Corporation" substitute

"the Corporation".

1.66 In Schedule 2—

(a) in the heading, for "CORPORATIONS" substitute "THE CORPORATION";

(b) in item 2—

(i)  omit "the other Corporation," (where first occurring); and

(ii)  in paragraph (a), for "the other Corporation", (where twice occurring) substitute "a"; and

(iii)  in paragraph (b) for "the other Corporation," substitute "a".

Transport (Further Amendment) Act 2001

Sch.	Act No. 54/2001
See:	2. Road Safety Act 1986
Act No.
127/1986.	2.1 In section 77(1), paragraph (a) is repealed;
Reprint No. 6
as at	2.2 In section 77(2)—
1/12/2000.	(a) for "a Corporation" substitute "the Corporation"; and
LawToday:
(b) for "that Corporation" substitute "the Corporation";
dpc.vic.
gov.au	2.3 In section 77(3)—

(a) for "a Corporation" substitute "the Corporation"; and

(b) for "that Corporation" substitute "the Corporation".

═══════════════
Transport (Further Amendment) Act 2001

Act No. 54/2001 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 7 June 2001

Legislative Council: 18 September 2001

The long title for the Bill for this Act was "to amend the Rail
Corporations Act 1996 and the Transport Act 1983 and other Acts to
make provision for the winding-up of the Public Transport Corporation,
to amend the Melbourne City Link Act 1995 and the Melbourne City
Link (Miscellaneous Amendments) Act 2000 and for other purposes."