Transport (Further Miscellaneous Amendments) Act 2002 (Vic)

Transport (Further Miscellaneous Amendments)

Act 2002

Act No. 32/2002

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	3
3.	Definitions	3
4.	Director's functions and powers	4
5.	New sections 9A to 9J inserted	4

9A.	Acquisition of land	4
9B.	Director may use Crown lands reserved under Crown
Land (Reserves) Act 1978	6
9C.	Clearance of trees etc.	7
9D.	No obligation to fence	8
9E.	Power to break up roads, etc.	9
9F.	Power to install stopping places, etc.	10
9G.	Level crossings	10
9H.	Tram infrastructure	11
9I.	Overhead power supply	12
9J.	Power to stop traffic	12

6.	Definitions inserted in Part VI	13
7.	New section 129VA inserted	14
129VA. Audit of medical records of safety workers	14
8.	Commercial passenger vehicle licences	15
9.	New section 142 substituted	15

142. Hire cars and special purpose vehicles 15

10.	Taxi-cab licences	17
11.	New section 144A inserted	19

144A. Determination of taxi fares or hiring rates 19

12.      Cancellation or alteration of commercial passenger vehicle

licences 20
13.	New sections 158B and 158C inserted 20
158B. Offences relating to security cameras and privacy of

passengers	20
158C.	Agreements in relation to images obtained from
security cameras 22

14. Regulations 23

i

Section Page

15. New section 170 inserted 24

170. Objectives of Division 24

16.	Trade towing of motor cycles	24
17.	New section 177A substituted	24

177A.	Cooling-off period for certain towing related repair
agreements 25

18. New section 183D inserted 26

183D.	Police may direct certain persons to leave the
immediate vicinity of an accident 26

19. New section 184A substituted 27

184A. Tow truck charges 27

20.	New Division 9 inserted in Part VI	28
Division 9—Commission Investigations	28

186.	Reference by Minister	28
187.	Conduct of investigation	29
188.	Objectives not to apply	31
189.	Powers relating to investigations	31
190.	Reports	32
191.	Application of confidentiality provisions of Essential
Services Commission Act 2001	33

21.	Verification of names and addresses	34
22.	New section 255E inserted	35

255E. Supreme Court—limitation of jurisdiction 35

23.	Statute Law Revision	35
24.	Statute Law Revision—Transport (Further Amendment)
Act 2001	36
25.	Consequential amendment of Essential Services
Commission Act 2001	37
26.	New section 12 substituted in Melbourne City Link
(Further Miscellaneous Amendments) Act 2002	37

12.          Extension of time within which temporary

registration may be back-dated 37

═══════════════

ENDNOTES 39

ii

Victoria

No. 32 of 2002

Transport (Further Miscellaneous

Amendments) Act 2002†

[Assented to 12 June 2002]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a) to amend the Transport Act 1983—

(i)  to amend the powers of the Director of Public Transport;

(ii)  to provide for the audit of the medical records of safety workers;

Transport (Further Miscellaneous Amendments) Act 2002

s. 1 Act No. 32/2002

(iii)  to implement reforms in the tow truck industry;

(iv) issue of small commercial passenger
vehicle licences other than taxi-cab
licences and provide for licence fees for
hire car licences and special purpose

to remove the public interest test for the 9 May 2002;

(v)  to change the way that taxi fares and tow truck charges are determined;

(vi)  to provide for the Essential Services Commission to investigate and report on licence fees, taxi fares and tow truck charges;

(vii)  to regulate the installation and use of security cameras in taxis;

(viii)  to allow for the accreditation of taxi depots, dispatch networks and taxi operators and drivers;

(ix)

to strengthen enforcement provisions and addresses of suspected offenders;

(b)	Commission Act 2001 to confer further	to amend the Essential Services Services Commission;
(c)	(Further Miscellaneous Amendments) Act to amend the Melbourne City Link temporary registration.

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 2

2. Commencement

(1) This Act, except sections 6(1), 9, 17 and 24,

comes into operation on the day after the day on

which it receives the Royal Assent.

(2) Section 24 is deemed to have come into operation

on 2 October 2001.

(3) Sections 6(1) and 9 are deemed to have come into

operation on 9 May 2002.

(4) Subject to sub-section (5), section 17 comes into

operation on a day to be proclaimed.

(5) If section 17 does not come into operation before

30 June 2003, it comes into operation on that day.

3. Definitions

See:

In section 2(1) of the Transport Act 1983 insert	Act No.
the following definitions—	9921/1983. Reprint No. 7
' "rail infrastructure" has the same meaning as in the Rail Corporations Act 1996;	as at 31 May 2000
and amending
"tram infrastructure" has the same meaning as in the Rail Corporations Act 1996;'.	Act Nos
65/2000,
69/2000,
74/2000,
81/2000, 11/2001,
44/2001, 54/2001,
61/2001, 62/2001 and
94/2001. Law Today:
dpc.vic.
gov.au

Transport (Further Miscellaneous Amendments) Act 2002

s. 4 Act No. 32/2002

4. Director's functions and powers

(1) In section 9(2) of the Transport Act 1983, after

paragraph (a) insert—

"(ab) develop or improve land for any purposes

relating to, or connected with, the provision
of passenger services or other transport
services;".

(2) In section 9(4) of the Transport Act 1983, after

paragraph (b) insert—

"(ba) operate services ancillary or incidental to the operation of a passenger service;

(bb) acquire, own, build, maintain and operate rail infrastructure and tram infrastructure;".

5. New sections 9A to 9J inserted

After section 9 of the Transport Act 1983 insert—

'9A. Acquisition of land

(1) Subject to the approval of the Minister, the

Director may on behalf of the Crown purchase or compulsorily acquire any land which is or may be required by the Director for or in connection with the performance of his or her functions or the exercise of his or her powers.

(2) The Land Acquisition and Compensation

Act 1986 applies to this Act and for that purpose—

(a) the Transport Act 1983 is the special Act; and

(b) the Director is the Authority; and

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 5

(c) "land" includes strata above or below the surface of land and easements and rights to use land or strata above or

below the surface of the land; and

(d) section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority to enter any land and section 75(6) did not apply.

(3) In full or part settlement of any

compensation that the Director is liable to
pay, the Director may on behalf of the

Crown—

(a)	transfer a building from land owned by a person entitled to the compensation to other land owned either by that person
or by the Director on behalf of the Crown; or
(b)	transfer a building from land owned by the Director on behalf of the Crown to other land owned either by the Director
on behalf of the Crown or by a person entitled to the compensation.

(4) If the Director acquires any land

compulsorily under this section—

(a)	the Director may on behalf of the Crown require the owner of the land to take any land adjoining it that is owned by the Director on behalf of the Crown and is no longer required by the Director on behalf of the Crown; and
(b)	the value of that adjoining land must be deducted from any sum to be paid by way of compensation to the owner for the compulsory acquisition; and

Transport (Further Miscellaneous Amendments) Act 2002

s. 5 Act No. 32/2002

(c) if that value cannot be agreed between the Director on behalf of the Crown and the owner it must be settled in the same manner and at the same time as the compensation to be paid to the owner.

(5) If any right to use land or any right in the

nature of an easement or purporting to be an
easement is acquired by the Director on
behalf of the Crown, it is deemed for all
purposes to be an easement notwithstanding
that there is no land vested in the Director on
behalf of the Crown which is in fact
benefited or capable of being benefited by
that right.

(6) If by or under this Act any private right of

way or easement is extinguished or any easement is acquired by the Director on behalf of the Crown—

(a)	the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and
(b)	the holder of any relevant certificate of title must deliver it to the Registrar of Titles.

(7) Sub-section (6) does not apply to an

easement acquired compulsorily by the

Director on behalf of the Crown.

9B. Director may use Crown lands reserved
under Crown Land (Reserves) Act 1978

(1) The Director, with the approval of the

Minister administering the Land Act 1958
("the relevant Minister") given after
consultation with any other Ministers
concerned with the management or use of the

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 5

land, may on behalf of the Crown use any

Crown land for transport purposes.

(2) If any Crown land proposed to be so used by

the Director is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use, the

Director must not use the land unless and until the reservation is revoked in accordance with section 9 of that Act.

9C. Clearance of trees etc.

(1) The Director may on behalf of the Crown, by written notice, require the owner or occupier of any land to fell and remove any tree or

wood on that land that is within 60 metres of a railway track operated or maintained by the Director on behalf of the Crown and that

could obstruct or endanger the railway track or obstruct a view of a signal box from any portion of the railway track.

(2) Notice under sub-section (1) may be served on an owner or occupier—

(a) personally; or

(b) by sending it by post to the owner or occupier at that person's usual or last known residential or business address;

or

(c) residential or business address of the
owner or occupier with a person on the
premises who is apparently at least

by leaving it at the usual or last known employed there; or

(d) in a manner prescribed by any other Act or law for service on a person or class of person of the same type as the

owner or occupier; or

Transport (Further Miscellaneous Amendments) Act 2002

s. 5 Act No. 32/2002

(e) if the identity or address of the owner or occupier is not known—

(i) by displaying it on the land; and

(ii)  by publishing a copy of it and a description of the land in a newspaper circulating generally in Victoria.

(3) In exercising a power under sub-section (1), the Director must act reasonably.

(4) If the owner or occupier of the land does not

comply with the notice within the time
specified in the notice, the Director may—

(a)	enter the land at any reasonable time and carry out the work specified in the notice; and
(b)	recover on behalf of the Crown the cost of carrying out the work from the owner or occupier as a debt.

(5) A power of the Director under this section may be exercised by—

(a) the Director personally; or

(b)	any other person who is authorised in writing by the Director; or
(c)	any officer or employee of a person referred to in paragraph (b).

9D. No obligation to fence

(1) Despite any Act or rule of law to the contrary, neither the Director nor the Crown—

(a) is required to fence or contribute to the fencing of any portion of a railway or tramway;

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 5

(b) is liable for any damage that may be caused by reason of any railway or tramway not being fenced in or fenced off.

(2) The Director may, but is not obliged to, erect and maintain such fences in connection with a railway or tramway as he or she thinks

proper.

9E. Power to break up roads, etc.

(1) After consultation with the Roads

Corporation and any relevant municipal
council, the Director may on behalf of the

Crown—

(a)	open and break up, and divert traffic from, any road on or adjacent to which there is rail infrastructure or tram infrastructure that is operated or maintained by the Director on behalf of the Crown; and
(b)	take possession of, and use, the whole or any portion of such a road.

(2) In exercising a power under sub-section (1), the Director must act reasonably.

(3) A power of the Director under this section may be exercised by—

(a) the Director personally; or

(b)	any other person who is authorised in writing by the Director; or
(c)	any officer or employee of a person referred to in paragraph (b).

Transport (Further Miscellaneous Amendments) Act 2002

s. 5 Act No. 32/2002

9F. Power to install stopping places, etc.

(1) After consultation with the Roads

Corporation and any relevant municipal council, the Director may on behalf of the Crown install, remove or re-locate stopping places and associated facilities for passenger services on any road on or adjacent to which there is tram infrastructure that is operated or maintained by the Director on behalf of the Crown.

(2) In exercising a power under sub-section (1), the Director must act reasonably.

(3) A power of the Director under this section may be exercised by—

(a) the Director personally; or

(b)	any other person who is authorised in writing by the Director; or
(c)	any officer or employee of a person referred to in paragraph (b).

9G. Level crossings

(1) Despite anything to the contrary in any other Act or law, the Director may on behalf of the Crown—

(a) use level crossings connecting parts of the rail infrastructure or tram infrastructure to which an agreement, lease or licence relating to, or connected with, a service provided by or on behalf of the Director applies (being an agreement, lease or licence entered into between the Director on behalf of the Crown and Rail Track) subject to and in accordance with that agreement, lease or licence; and

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 5

(b) close the level crossing to road traffic while the railway track or tramway track is in use, subject to and in accordance with that agreement, lease or licence.

(2) A power of the Director under this section

may be exercised by the Director personally or by a person authorised in accordance with the agreement, lease or licence referred to in sub-section (1) to exercise a power conferred on the Director under this section, subject to any terms and conditions specified in the

authorisation.

9H. Tram infrastructure

(1) Despite anything to the contrary in any other Act or law, the Director may on behalf of the Crown use tram infrastructure to which an

agreement, lease or licence relating to, or
connected with, a passenger service provided
by or on behalf of the Director applies (being
an agreement, lease or licence entered into
between the Director on behalf of the Crown
and Rail Track) subject to and in accordance

with that agreement, lease or licence.

(2) A power of the Director under this section

may be exercised by the Director personally or by a person authorised in accordance with the agreement, lease or licence referred to in sub-section (1) to exercise a power conferred on the Director under this section, subject to any terms and conditions specified in the
authorisation.

(3) Nothing in this section is to be taken as

limiting any other power of the Director,
including the Director's powers under
section 9(4)(bb).

Transport (Further Miscellaneous Amendments) Act 2002

s. 5 Act No. 32/2002

9I. Overhead power supply

(1) The Director, after consultation with the

Roads Corporation or any relevant municipal council, may on behalf of the Crown install, remove or relocate rail infrastructure or tram infrastructure consisting of structures comprising or supporting overhead electrical power supply systems situated on or over, or partly on or over, property of the Roads Corporation or the municipal council.

(2) In exercising a power under sub-section (1), the Director must act reasonably.

(3) A power of the Director under this section may be exercised by—

(a) the Director personally; or

(b)	any other person who is authorised in writing by the Director; or
(c)	any officer or employee of a person referred to in paragraph (b).

9J. Power to stop traffic

(1) The Director, subject to the agreement, lease or licence relating to, or connected with, the provision of a service or to a lease of rail

infrastructure or tram infrastructure (being an
agreement, lease or licence entered into
between the Director on behalf of the Crown

and Rail Track)—

(a) Corporation and any relevant municipal
council, may stop traffic in

after consultation with the Roads necessary to do so;

(b) in an emergency, may stop traffic.

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 6

(2) In exercising a power under sub-section (1), the Director must act reasonably.

(3) A power of the Director under this section

may be exercised by the Director personally or by a person authorised in accordance with the agreement, lease or licence referred to in sub-section (1) to exercise a power conferred on the Director under this section, subject to any terms and conditions specified in the

authorisation.'.

6. Definitions inserted in Part VI

(1) In section 86(1) of the Transport Act 1983,

insert the following definitions—

' "hire car licence" means a commercial

passenger vehicle licence in respect of a
vehicle which operates or is to operate as a
hire car;

"special purpose vehicle licence" means a

commercial passenger vehicle licence in
respect of a vehicle which operates or is to
operate as a special purpose vehicle;'.

(2) In section 86(1) of the Transport Act 1983,

insert the following definitions—

' "Commission" means the Essential Services

Commission established under the Essential

Services Commission Act 2001;

"motor cycle" has the same meaning as in the

Road Safety Act 1986;

"restricted hire vehicle licence" means a

commercial passenger vehicle licence in
respect of a vehicle which operates or is to

operate as a restricted hire vehicle;

"taxi-cab licence" means a commercial

passenger vehicle licence in respect of a

Transport (Further Miscellaneous Amendments) Act 2002

s. 7 Act No. 32/2002

vehicle which operates or is to operate as a

taxi-cab;'.

7. New section 129VA inserted

After section 129V of the Transport Act 1983 insert—

'129VA. Audit of medical records of safety workers

(1) The Secretary or an inspector may from time

to time and in accordance with the
regulations conduct an audit of any medical

records of people employed or engaged to
perform railway safety work that are held by
a person accredited under this Division or by
a contractor of an accredited person.

(2) An audit under this section consists of an

inspection of the medical records to establish
whether the accredited person or contractor
has in place appropriate medical examination
procedures and health monitoring systems to
ensure that people employed or engaged by
the accredited person or contractor to
perform railway safety work are medically
fit for the work they are required to perform.

(3) For the purposes of an audit under this

section, an accredited person or contractor
must give the Secretary or an inspector
access to the medical record of any person
employed or engaged to perform railway
safety work that is held by the accredited
person or contractor.

(4) The regulations may establish procedures for

the conduct of audits under this section,
including procedures to ensure the
confidentiality of medical records.

(5) In this section—

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 8

"railway safety work" has the same

meaning as in section 129X.'.

8. Commercial passenger vehicle licences

In the Transport Act 1983—

(a) in section 141(1), for "Sections 142, 143 and 146 do not apply" substitute "Section 146 does not apply";

(b) section 141A is repealed;

(c) in section 141B, sub-section (1) is repealed.

9. New section 142 substituted

For section 142 of the Transport Act 1983 substitute—

"142. Hire cars and special purpose vehicles

(1) Subject to this Division, the licensing

authority must not grant an application for a hire car licence or a special purpose vehicle licence unless the licensing authority is
satisfied that the applicant is a fit and proper

person to hold the licence and—

(a)	the granting of the licence is consistent with any determination of policy made by the Minister under section 89; or
(b)	of the licence notwithstanding any

the Minister has approved the granting policy made by him or her under section 89.

(2) Subject to sub-section (7), a fee must be paid

for a hire car licence or a special purpose vehicle licence granted on or after 9 May 2002.

Transport (Further Miscellaneous Amendments) Act 2002

s. 9 Act No. 32/2002

(3) The fee is an amount determined from time

to time by the Minister by Order published in
the Government Gazette.

(4) Subject to sub-section (5), the fee is

payable—

(a) on which the Transport (Further
Miscellaneous Amendments) Act
2002 receives the Royal Assent—

if the licence is granted before the day specified by the licensing authority; or

(b) in any other case—before the licence is granted.

(5) The licensing authority may allow a licence

fee to be paid by instalments and may issue a certificate evidencing the grant of the licence on the payment of the first instalment.

(6) The licensing authority may suspend or cancel a licence if—

(a)	an instalment is not paid by the due date; or
(b)	in the case of a licence referred to in sub-section (4)(a), the licence fee is not paid within the period specified under that sub-section.

(7) This Act, as in force immediately before

9 May 2002, continues to apply to the
granting of a hire car licence or a special
purpose vehicle licence if the application for
the licence was made before that day.

(8) Section 143 does not apply to the granting or

refusal of a hire car licence or a special
purpose vehicle licence if the application for
the licence is made on or after 9 May 2002.".

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 10

10. Taxi-cab licences

(1) Insert the following heading to section 143 of the

Transport Act 1983—

"Taxi-cab licences".

(2) In section 143 of the Transport Act 1983—

(a) in sub-section (1), for "licence to which section 141A or 142 applies" substitute "taxi-cab licence,";

(b) in sub-section (3)—

(i) for "commercial passenger vehicle
licence" substitute "taxi-cab licence";

(ii)  in paragraph (b), after "him" insert "or her".

(3) In section 143 of the Transport Act 1983, after sub-section (3) insert—

"(4) This section does not apply to the granting of

a taxi-cab licence to operate in an area
proclaimed as a taxi-cab zone under
section 143A.".

(4) In section 144(2) of the Transport Act 1983—

(a) in paragraph (d)(i), for "the Secretary" substitute "the Minister";

(b) after paragraph (d) insert—

"(da) that any late night surcharge payable by

a passenger in a taxi-cab is to be
retained by the driver of the taxi-cab;".

(5) In section 144 of the Transport Act 1983, after sub-section (2) insert—

Transport (Further Miscellaneous Amendments) Act 2002

s. 10 Act No. 32/2002

'(3) In addition to the conditions implied by sub-

section (1), the following are implied conditions of every taxi-cab licence—

(a)	that wireless equipment capable of transmitting images or data obtained from the use of a surveillance camera installed in the taxi-cab must not be installed in the taxi-cab; and
(b)	audio recording, other than an

that equipment capable of making an installed in the taxi-cab.

(4) A person who breaches a licence condition implied by sub-section (3) is guilty of an

offence. Penalty:  10 penalty units for a first offence;
20 penalty units for a subsequent
offence.

(5) If a taxi-cab licence is subject to the

condition referred to in sub-section (2)(da), a late night surcharge paid by a passenger in a taxi-cab may be retained by the driver of the taxi-cab despite any provision of any
contract or agreement to the contrary.

(6) Sub-section (5) applies to a contract or

agreement whether entered into before or
after the commencement of section 10 of the
Transport (Further Miscellaneous
Amendments) Act 2002.

(7) Sub-sections (2)(d)(i) (as amended by

section 10(4)(a) of the Transport (Further (2)(da) and (3) apply to a taxi-cab licence whether granted before or after the commencement of section 10 of that Act.

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 11

(8) For the purposes of the licence condition

determination by the Secretary of fares or
hiring rates that was in force immediately
before the commencement of section 10 of
the Transport (Further Miscellaneous

referred to in sub-section (2)(d)(i), a determination of the Minister, until the Minister makes a determination under section 144A.

(9) In this section—

"emergency warning device" means an

emergency warning device required to
be installed in a taxi-cab under the
regulations that is capable of activating
an audio recording in the case of an
emergency;

"late night surcharge" means that part of a taxi-cab fare or hiring rate specified as a late night surcharge under

section 144A(3).'.

11. New section 144A inserted

After section 144 of the Transport Act 1983 insert—

"144A. Determination of taxi fares or hiring rates

(1) For the purposes of the licence condition referred to in section 144(2)(d)(i), the the taxi-cab fares or hiring rates that may be charged.

(2) The Minister cannot determine a fare or

hiring rate under sub-section (1) unless he or
she—

(a) has referred the matter to the Commission for investigation under

Transport (Further Miscellaneous Amendments) Act 2002

s. 12	Act No. 32/2002
Division 9 and has received the Commission's report on the investigation; and

(b) has received a report from the Director. (3) The Minister may specify part of a fare or

hiring rate as a late night surcharge.".

12.  Cancellation or alteration of commercial passenger vehicle licences

In the Transport Act 1983—

(a) in section 146, sub-sections (3), (4), (6) and (7) are repealed;

(b) section 146A is repealed.

13. New sections 158B and 158C inserted

After section 158A of the Transport Act 1983 insert—

'158B. Offences relating to security cameras and

privacy of passengers

(1) A person must not download or print an

image or other data obtained from the use of
a security camera installed in a taxi-cab
unless—

(a) the person is acting in accordance with—

(i)  an agreement under section 158C; and

(ii) the regulations; or

(b) the person is employed in the Department and is acting in accordance with—

(i)  the written authorisation of the Secretary; and

(ii) the regulations.

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 13

Penalty:  In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.

(2) A person must not—

(a) possess, publish, transmit or disclose to any other person an image or other data obtained from the use of a security

camera in a taxi-cab; or

(b) transmit images or data directly from a security camera in a taxi-cab—

unless the person is acting in accordance

with—

(c) the written authorisation of the Secretary; and

(d) the regulations.

Penalty:  In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.

(3) The Secretary's written authorisation for the

purpose of sub-section (1)(b) or (2) is subject
to—

(a)

any conditions determined by the authorisation; and

(b) any conditions prescribed by the regulations.

(4) A person must not make an audio recording of any person who has hired a taxi-cab ("the passenger") while the passenger is travelling in the taxi-cab.

Transport (Further Miscellaneous Amendments) Act 2002

s. 13 Act No. 32/2002

Penalty:  In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.

(5) Sub-section (4) does not apply to an audio

recording resulting from the operation of an
emergency warning device within the
meaning of section 144(9).

(6) Nothing in this section—

(a)	applies to prohibit anything done by a member of the police force in the course of his or her duty that would be lawful apart from this section; or
(b)

affects or takes away from the Act 1999.

158C. Agreements in relation to images obtained from security cameras

(1) The Secretary may make an agreement with a person for the downloading or printing of images or other data obtained from the use of

a security camera installed in a taxi-cab. (2) The agreement may authorise the person

with whom it is made, or a person employed
or engaged by that person, to download or
print images or other data obtained from the
use of a security camera installed in a taxi-
cab, on the terms and conditions contained in
the agreement.

(3) The Information Privacy Act 2000 applies to a person with whom the Secretary makes an agreement under this section as if—

(a) the person were a contracted service provider; and

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 14

(b) the agreement were a State contract—

within the meaning of that Act.

(4) Without limiting the application of sub-

between the Secretary and a person must
provide for the person to be bound by the

section (3), an agreement under this section Information Privacy Act 2000 and any applicable code of practice under that Act with respect to any act done, or practice engaged in, by the person for the purposes of the agreement in the same way and to the same extent as the Secretary would have been bound by them in respect of that act or practice had it been directly done or engaged in by the Secretary.'.

14. Regulations

(1) In section 162(1) of the Transport Act 1983, after paragraph (ba) insert—

"(bb) without limiting paragraph (b)—

(i)  requiring the installation of security cameras in taxi-cabs; and

(ii)  regulating the installation and use of security cameras in taxi-cabs and the downloading, printing, possession,

publication, transmission and disclosure
of images or other data obtained from
them;".

(2) In section 162(1) of the Transport Act 1983, after paragraph (n) insert—

Transport (Further Miscellaneous Amendments) Act 2002

s. 15 Act No. 32/2002

"(na) the accreditation of taxi depots and

communications networks that receive and
dispatch bookings on behalf of taxi-cabs;

(nb) the accreditation of taxi-cab licensees and taxi-cab drivers;".

15. New section 170 inserted

After the heading to Division 8 of Part VI of the

Transport Act 1983 insert—

"170. Objectives of Division

The objectives of this Division are to—

(a)	protect vehicle owners in their dealings with tow truck operators and vehicle repairers;
(b)

promote the safe and timely clearance scenes;

(c) prevent undesirable behaviour by tow truck operators.".

16. Trade towing of motor cycles

In section 172(4) of the Transport Act 1983—

(a) in paragraph (b), for "area." substitute "area; or";

(b) after paragraph (b) insert—

"(c) to operate a tow truck for the trade towing of a motor cycle.".

17. New section 177A substituted

For section 177A of the Transport Act 1983 substitute—

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 17

'177A. Cooling-off period for certain towing related repair agreements

(1) Subject to sub-section (2), if—

(a) the owner of a damaged motor vehicle (or a person authorised by the owner) signs an authority to repair the vehicle;

and

(b)	after the accident in which the vehicle was last damaged, the vehicle was towed to the place specified in the authority to tow; and
(c)	the vehicle was still in or near that place at the time of the signing of the authority to repair—

the owner of the vehicle (or the owner's
agent) may, within 72 hours after the signing
of the authority to repair, revoke the
authority to repair by giving written notice to
the person to whom the authority was given
or to an employee of that person.

(2) The owner of a vehicle (or the owner's agent)

cannot revoke an authority to repair the
vehicle if, following the period of 48 hours
after the signing of the authority, the owner
or agent signs a written waiver of the right to
revoke the authority.

(3) If an authority to repair is revoked under this section, the owner is not liable to the person to whom the authority was given for—

(a) any damages or costs arising as a result of the signing of the authority or the revocation of the authority; or

Transport (Further Miscellaneous Amendments) Act 2002

s. 18 Act No. 32/2002

(b) the cost of any work performed on the vehicle after it was towed to the storage place.

(4) In this section—

"authority to repair" includes any

document that authorises the repair of a
vehicle, regardless of the form of the

document.'.

18. New section 183D inserted

After section 183C of the Transport Act 1983 insert—

'183D. Police may direct certain persons to leave the immediate vicinity of an accident

(1) A member of the police force may direct a

person referred to in sub-section (2) to leave
the immediate vicinity of an accident if the
member believes on reasonable grounds that
the person's presence is—

(a)	causing an unwarranted obstruction to traffic; or
(b)	hindering efforts to attend to injured persons or damaged property; or
(c)	otherwise hindering or obstructing the orderly salvage, recovery, removal or towing of a vehicle from the place

where the accident occurred.

(2) The persons to whom a direction may be given under sub-section (1) are—

(a) the holder of a tow truck licence;

(b) a tow truck driver;

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 19

(c)	a person who carries out, or is engaged in the business of carrying out, repair work on damaged motor vehicles;
(d)	a person acting on behalf of a person referred to in paragraph (a), (b) or (c).

(3) A person must not, without reasonable

excuse, fail to comply with a direction given
to him or her under sub-section (1).
Penalty: 50 penalty units.

(4) Sub-section (1) is in addition to any other

powers of a member of the police force
under any Act or at common law for or with
respect to maintaining public order.

(5) In this section, the "immediate vicinity" of

an accident means the area within a
500 metre radius from the approximate place
of the accident.'.

19. New section 184A substituted

For section 184A of the Transport Act 1983 substitute—

"184A. Tow truck charges

(1) The Minister may from time to time

determine the amounts that may be charged
by operators of tow trucks for the towing and
storage of damaged motor vehicles.

(2) The Minister cannot determine an amount under sub-section (1) unless he or she—

(a)

has referred the matter to the Division 9 and has received the

Transport (Further Miscellaneous Amendments) Act 2002

s. 20	Act No. 32/2002
Commission's report on the investigation; and

(b) has received a report from the Director. (3) A determination made under sub-section (1)

takes effect when it is published in the specified in the determination.

(4) Until the Minister makes a determination under this section, a determination by the licensing authority of the amounts that may

be charged for the towing and storage of taken to be a determination of the Minister under this section.".

damaged motor vehicles that was in force
immediately before the commencement of
section 19 of the Transport (Further

20. New Division 9 inserted in Part VI

After Division 8 of Part VI of the Transport Act
1983 insert—

'Division 9—Commission Investigations 186. Reference by Minister

(1) The Commission must conduct an

investigation into any matter relating to—

(a) licence fees for hire car licences or special purpose vehicle licences; or

(b) taxi-cab fares or hiring rates; or

(c) tow truck charges—

that the Minister by written notice refers to the Commission for investigation under this Division.

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 20

(2) The Minister must consult with the Minister

administering the Essential Services matter to the Commission.

(3) The written notice must specify the terms of reference for the investigation.

(4) The Minister referring a matter—

(a)	may specify a period within which a report is to be submitted to the Minister;
(b)	may require the Commission to make a draft report publicly available or available to specified persons or bodies during the investigation;
(c)	may require the Commission to consider specified matters;
(d)	may give the Commission specific directions in respect of the conduct of the investigation;
(e)

may specify objectives that the its functions and exercising its powers in relation to the investigation.

(5) If the Minister has referred a matter to the

Commission for investigation, the Minister may, by written notice given to the Commission, withdraw or amend the reference at any time before the Minister has received the report from the Commission.

(6) The Minister must cause a notice given to

the Commission under this section to be
published in the Government Gazette.

187. Conduct of investigation

Transport (Further Miscellaneous Amendments) Act 2002

s. 20 Act No. 32/2002

(1) Subject to this Act and any directions under

section 186(4)(d), the Commission may
conduct an investigation under this Division
in any manner the Commission considers
appropriate.

(2) In conducting an investigation, the

Commission is not bound by rules or practices as to evidence but may inform itself in relation to any matter in any manner the Commission considers appropriate.

(3) The Commission may receive written submissions or statements.

(4) If the Commission holds a public hearing—

(a)	the Commission has a discretion as to whether any person may appear before the Commission in person or be represented by another person;
(b)	the Commission may determine that the hearing, or part of the hearing, be held in private if it is satisfied that—

(i)  it would be in the public interest; or

(ii)  the evidence is of a confidential or commercially sensitive nature.

(5) In conducting an investigation, the

Commission—

(a)	may consult with any person that it considers appropriate;
(b)	may hold public seminars and hold workshops;

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 20

(c) may establish working groups and task forces.

188.

Objectives not to apply otherwise determines, the objectives of the Commission under the Essential Services Commission Act 2001 or any other Act do not apply to the functions and powers of the Commission under this Division.

189. Powers relating to investigations

(1) The Commission may serve upon any person a summons—

(a) to provide specified information;

(b) to produce specified documents;

(c) to appear before the Commission to give evidence.

(2) The Commission may make an order for the

manner of service, including substituted
service, of a summons under sub-section (1).

(3) A person must not, without lawful excuse,

disobey a summons of the Commission.
Penalty: 60 penalty units.

(4) It is a lawful excuse for the purposes of sub-

section (3) that compliance may tend to
incriminate the person or make the person
liable to a penalty for any other offence.

(5) A person must not give information to the

Commission that he or she knows is false or misleading.

Penalty:  120 penalty units or imprisonment
for 6 months.

(6) A person must not—

Transport (Further Miscellaneous Amendments) Act 2002

s. 20 Act No. 32/2002

(a)	threaten, intimidate or coerce another person; or
(b)	take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, injury

or disadvantage—

because that other person assisted, or intends to assist, any investigation conducted by the Commission.

Penalty: 120 penalty units.

(7) Civil proceedings do not lie against a person

in respect of loss, damage or injury of any kind suffered by another person because of the making in good faith of a statement, or the giving in good faith of a document or

information to the Commission in made, or the document or information is given, in connection with a written submission or a public hearing.

connection with an investigation under this

190. Reports

(1) The Commission must submit a copy of its report on an investigation to the Minister.

(2) If, in the opinion of the Commission, a report

will contain confidential or commercially
sensitive information, the Commission must
divide the report into—

(a)	a document containing the confidential or commercially sensitive information; and
(b)	another document containing the rest of the report.

(3) Any information that the Commission may disclose under section 38 of the Essential

Transport (Further Miscellaneous Amendments) Act 2002
Act No. 32/2002

Services Commission Act 2001 is not confidential or commercially sensitive for the purposes of sub-section (2) unless an appeal panel states that it is imposing a restriction under section 56(7)(b)(i) of that Act.

(4) If the Commission submits a final report to

the Minister in the form required by sub-
section (2), a reference to the final report in
sub-sections (5), (6) and (7) is to be read as a
reference to the document described in sub-
section (2)(b).

(5) The Minister must cause a copy of the final

(6) The Minister must, after the final report has	report to be laid before each House of the after receiving the final report.
been laid before each House of the within 30 days after receiving a final report, ensure that a copy of the final report is available for public inspection.

(7) After the Minister has made a final report publicly available, the Commission must ensure that copies are made publicly

available.

191.  Application of confidentiality provisions of Essential Services Commission Act 2001

For the purposes of this Division, section 38 of the Essential Services Commission Act 2001 applies as if—

(a) in sub-section (1)(a) of that section, after "section 37, 44 or 51" there were inserted "or section 189 of the Transport Act 1983"; and

Transport (Further Miscellaneous Amendments) Act 2002

s. 21

s. 21 Act No. 32/2002

(b)	in sub-section (2)(c)(iii) of that section, after "section 45 or 52" there were inserted "or section 190 of the Transport Act 1983"; and
(c)	in sub-section (3)(c) of that section, after "section 45(2) or 52(2)" there were inserted "or section 190(2) of the

Transport Act 1983".'.

21. Verification of names and addresses

(1) In section 218B(4) of the Transport Act 1983, after "made" insert "under sub-section (2)".

(2) In section 218B of the Transport Act 1983, after

sub-section (6) insert—

"(6A) If—

(a)	a person states a name and address in response to a request made under sub- section (2); and
(b)	the authorised officer or member of the police force who made the request suspects on reasonable grounds that the stated name or address may be false—

the officer or member may request the
person to provide evidence of the correctness
of the name and address.

(6B) A person must comply with a request made under sub-section (6A), unless he or she has a reasonable excuse for not doing so.

Penalty: 5 penalty units.
Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 22

(6C) It is not an offence for a person to fail to comply with a request made under sub- section (6A) if the authorised officer or member of the police force did not inform

the person, at the time the request was made, that it is an offence to fail to comply with the request.

(6D) An authorised officer or a member of the police force must not divulge to any other person or use for any purpose any

information received by the officer or
member in response to a request made under

sub-section (6A), except—

(a)	in connection with the administration of this Act or the regulations; or
(b)	for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of such proceedings.

Penalty: 50 penalty units.".

22. New section 255E inserted

Before section 256 of the Transport Act 1983 insert—

"255E. Supreme Court—limitation of jurisdiction

It is the intention of section 189(7) to alter or
vary section 85 of the Constitution Act

1975.".

23. Statute Law Revision

In the Transport Act 1983—

(a) in section 147B(1)(a), omit "164(1A),";

(b) in section 216(1)—

Transport (Further Miscellaneous Amendments) Act 2002

s. 24 Act No. 32/2002

(i)  for "the secretary" substitute "the Secretary";

(ii)  in paragraph (b), after "his" insert "or her";

(c) in section 216(2)—

(i) after "him" insert "or her";

(ii) after "his" insert "or her";

(iii) for "he" substitute ", the driver";

(d)	in section 216(3), for "he" substitute ", the member, officer or person";
(e)	in section 217(1) and (3), for "the secretary" (wherever occurring) substitute "the Secretary";

(f) in section 217(4)(a)—

(i)  for "him" (where first occurring) substitute "the officer or other person";

(ii)  after "him" (where secondly occurring) insert "or her".

24. Statute Law Revision—Transport (Further
Amendment) Act 2001

See:

Act No.	In the Transport (Further Amendment) Act
54/2001.	2001—
Statute Book:
(a) in section 26, in proposed section 263(1)(b),
dpc.vic.
gov.au	for "Act 2001—" substitute "Act 2001)—"; (b) in the Schedule—

(i)  in clause 1.58, for "The corporation" substitute "The Corporation";

Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 s. 26

(ii)  in clause 1.66(b)(ii), for "the other Corporation" substitute "the other Corporation,".

25. Consequential amendment of Essential Services Commission Act 2001

In section 10 of the Essential Services

Commission Act 2001—

(a) in paragraph (h), for "Act." substitute "Act;";

(b) after paragraph (h) insert—

"(i) to perform the functions conferred on

the Commission by or under Part VI of
the Transport Act 1983.".

See:

26. New section 12 substituted in Melbourne City Link Act No.

(Further Miscellaneous Amendments) Act 2002	13/2002. Statute Book:
For section 12 of the Melbourne City Link	dpc.vic.
(Further Miscellaneous Amendments) Act 2002	gov.au
substitute—
'12. Extension of time within which temporary registration may be back-dated

In section 73C of the Melbourne City Link Act 1995, for sub-section (2A) substitute—

"(2A) If registration is sought on a particular

day for a period of 24 hours, the
commencement of the registration may
be back-dated to a time not earlier than
the beginning of the day that is 3 days
before the day on which registration is
sought.

Transport (Further Miscellaneous Amendments) Act 2002
Act No. 32/2002

(2B) If registration is sought for a specified

period (other than a period of 24 hours)
and is sought—

(a) period or within the period of

before the end of that specified end of that specified period; or

(b)

not later than 6 days after the period—

(whichever is the earlier), the
commencement of registration may be
back-dated to a time not earlier than the

beginning of that specified period.".'.

═══════════════
Transport (Further Miscellaneous Amendments) Act 2002

Act No. 32/2002 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 9 May 2002

Legislative Council: 30 May 2002

The long title for the Bill for this Act was "to amend the Transport Act 1983, the Essential Services Commission Act 2001 and the Melbourne City Link (Further Miscellaneous Amendments) Act 2002 and for

other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 9 May 2002

Legislative Council: 30 May 2002

Absolute majorities:

Legislative Assembly: 29 May 2002

Legislative Council: 5 June 2002