Transport Legislation Amendment Act 2019 (Vic)

Transport Legislation Amendment Act 2019

No. 49 of 2019

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Transport Integration Act 2010

Division 1—Head, Transport for Victoria—body corporate

3Section 64A substituted and new sections 64AB to 64AF inserted

Division 2—Amendment of the objects, powers, functions and planning requirements of transport bodies

4Objects of the Department

5Functions of the Department

6Section 33A substituted

7Powers of the Secretary

8Compulsory acquisition of land

9Section 38 heading substituted

10New sections 38A and 38B inserted

11New Division 3A of Part 3 inserted

12Transport plan

13Corporate plans

14Heading to Part 4A substituted and Division 1 heading repealed

15Sections 64B and 64C substituted

16Powers of the Head, Transport for Victoria

17Sections 64E and 64F repealed

18Compulsory acquisition of land

19Grant of unalienated Crown land

20New sections 64JA to 64JD inserted

21Power of Treasurer to execute guarantee

22New sections 64PA and 64PB inserted

23New section 64SA inserted

24Directions from Minister and Secretary

25Section 64U repealed

26Delegations giving rise to conflict and effect

27Corporate plan—Commercial Passenger Vehicle Commission

28Section 115SD repealed

29Functions of Victorian Rail Track

30Annual report—Transport Corporation

31Corporate plan—Transport Corporation

32Section 166 repealed

Division 3—Amendment of Transport Restructuring Order and Transfer Order provisions

33New Part heading inserted and Division heading amended

34New section 65AA inserted

35Transport Restructuring Orders—general provisions

36Transport Restructuring Order may confer additional duty, function or power on the Secretary

37Transport Restructuring Order may confer additional duty, function or power on a sector transport agency

38Transport Restructuring Order may constitute a new sector transport agency

39Effect of conferral of duties, functions or powers

40Division heading amended

41Application of Division—Transfer Orders

42Transfer Orders

43Certificate of chief executive officer of transferor transport body

44New section 66MA inserted

45Transfer of employees

Division 4—Roads Corporation interim period

46Definitions

47Heading to Part 5 substituted

48Chief Executive of the Roads Corporation

49Section 86 repealed

50Section 87 substituted

51Powers of the Roads Corporation

52Sections 89, 89A and 89B repealed

53Roads Corporation may employ persons

54Sections 91 to 97 and 99 to 114 repealed

55Delegation by Roads Corporation

Division 5—Abolition of certain transport bodies

Subdivision 1—Abolition of the Transport Infrastructure Development Agent

56References to Transport Infrastructure Development Agent and related amendments

57Division 4 of Part 3 repealed

Subdivision 2—Abolition of the Public Transport Development Authority

58References to Public Transport Development Authority

59Division 1A of Part 5 repealed

Subdivision 3—Abolition of the Roads Corporation

60References to Roads Corporation and related amendments

61Division 2 of Part 5 repealed

Subdivision 4—Abolition of the Linking Melbourne Authority

62References to Linking Melbourne Authority

63Division 3 of Part 6 repealed

Division 6—Savings and transitionals

64New Part 12 inserted

65New Division 6A of Part 12 inserted

Division 7—Consequential and other minor amendments

66Definitions

67Act binds the Crown

68Recording of dealings

69Delegation by Secretary

70Easements

71Head, Transport for Victoria may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978

72Acquisition of land or interest in land to achieve environmental sustainability

73Powers to enter land for investigative purposes

74Power to enter building

75Powers to enter land to construct or maintain works

76Financial accommodation

77Extra-territoriality

78Delegation by the Head, Transport for Victoria

79Contingency planning for exercise of certain powers

80Functions of Commercial Passenger Vehicle Commission

81Powers of the Commercial Passenger Vehicle Commission

82Personal liability

83Delegation

84Grant of unalienated Crown land

85Land

86Functions of V/Line Corporation

87Functions of Victorian Ports Corporation (Melbourne)

88Functions of Victorian Regional Channels Authority

89Functions of Port of Hastings Development Authority

90Powers of a Transport Corporation

91Delegation by a Transport Corporation

92Functions of Director, Transport Safety

93Delegation by the Director, Transport Safety

94Functions of the Chief Investigator, Transport Safety

95Delegation by the Chief Investigator, Transport Safety

96Immunity

97Powers of transport safety appointee

Part 3—Amendment of Road Safety Act 1986

Division 1—Road safety measures

98Definitions

99Circumstances in which person is to be taken to be in charge of a motor vehicle

100Offence if driver not licensed

101Driver licences

102Cancellation and disqualification—corresponding interstate drink-driving offence

103Disqualified person must not apply for licence or permit

104Persons required to provide certificate of completion of first-stage behaviour change program

105Supervising driver offences

106Interpretation

107Interpretative provisions

108Offences involving alcohol or other drugs

109Offence to consume intoxicating liquor while supervising a learner driver

110Provisions about cancellation and disqualification

111Immediate suspension of driver licence or permit in certain circumstances

112Zero blood or breath alcohol

113Requirement to complete first-stage behaviour change program

114Use of vehicle immobilising devices

Division 2—Roads Corporation restructuring amendments

115New Part 8A inserted

116Consequential amendments—Schedule 1

Division 3—Other amendments

117Effecting registration, renewal or transfer

118Appeal to Magistrates' Court

119New Division 2A of Part 2 inserted

120Power of Corporation to require tests to be undergone

121Demerit point option notice

122Interpretation

123Information to which Part 7B applies

124Authorised use or disclosure

125Information protection agreements

126Gazette notices may incorporate document etc.

Part 4—Amendment of Accident Towing Services Act 2007

127Applications for standard tow truck licences

128Approval of applications

129Specified tow trucks

130Application for transfer of tow truck licence

131Temporary permits

132Making of application

133Issue of certificate of accreditation

134Making of application

135Issue of certificate of accreditation

136Making of application

137Charges to be adjusted for CPI

138Power of VicRoads to determine fees

139New Part 9 inserted

140Consequential amendments—Schedule 2

Part 5—Amendment of Heavy Vehicle National Law Application Act 2013

141Definitions

142Application of Heavy Vehicle National Law

143Meaning of generic terms in Heavy Vehicle National Law for the purposes of this jurisdiction

144Section 15 substituted

145Section 17 substituted

146Road manager

147Toll road authority

148Section 30 repealed

149Persons who may commence proceedings for offences

150Certain matters indicated by prescribed road safety cameras are evidence

151Part 5—Registration of heavy vehicles

152Regulations

153Repeal of transitional regulation making powers

154New Division 3 of Part 6 inserted

155Schedule—Part 2 repealed

Part 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019

156Purposes

157Definitions

158Functions and powers of the Secretary

159Evidentiary certificates

160Secretary may disclose certain information

161Definitions

162Power to issue regular tow truck licences

163Power to issue heavy tow truck licences

164Definitions

165Section 102 substituted

166Section 103 substituted

167Definitions

168Section 124 substituted

169Secretary may disclose certain information

170Authorised officers

171Section 134 substituted

172New sections 134F and 134G inserted

Part 7—Amendment of other Acts

Division 1—Amendment of Road Management Act 2004

173New section 71AA inserted

174Authorised officers

175Authorised officer's identity card

176Entry to be reported to the appointing entity

177Register of exercise of powers of entry

178Complaints

179Service of documents

180Confidentiality

181Indexation provision

182New Part 8 inserted

183Consequential amendments—Schedule 3

Division 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983

184New Division 15 of Part VIII inserted

Division 3—Amendment of Emergency Management Act 2013

185Nomination of Industry Accountable Officer

Division 4—Amendment of other Acts

186Consequential amendments—Schedule 4

Part 8—National Heavy Vehicle Regulator authorised officer staff amendments

Division 1—Amendment of Road Management Act 2004

187Authorised officers

Division 2—Amendment of Road Safety Act 1986

188Power to inspect motor vehicles and trailers

189Seizure of number plates

190Preliminary breath tests

191General duty of driver or person in charge of motor vehicle

192Offence to sell, use or possess anti-speed measuring devices

193Authorisation of authorised officers

Division 3—Amendment of Heavy Vehicle National Law Application Act 2013

194Exclusion of legislation of this jurisdiction

195New section 9A inserted

Part 8A—Amendment of Commercial Passenger Vehicle Industry Act 2017

195ANew sections 267A and 267B inserted

Part 9—Repeal of this Act

196Repeal of this Act

Schedule 1—Consequential amendments to Road Safety Act 1986

Schedule 2—Consequential amendments to Accident Towing Services Act 2007

Schedule 3—Consequential amendments to Road Management Act 2004

Schedule 4—Consequential amendments to other Acts

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Endnotes

1      General information

Transport Legislation Amendment Act 2019

No. 49 of 2019

[Assented to 3 December 2019]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Transport Integration Act 2010—

(i)to abolish the Roads Corporation (VicRoads), the Public Transport Development Authority, the Linking Melbourne Authority and the Transport Infrastructure Development Agent; and

(ii)to reconstitute the Office of the Head, Transport for Victoria as a corporation sole; and

(iii)to reallocate the functions and powers of the abolished entities between the Secretary to the Department of Transport and the reconstituted Head, Transport for Victoria; and

(b)to, as a consequence of the reallocation of functions and powers of the abolished entities between the Secretary to the Department of Transport and the reconstituted Head, Transport for Victoria, make consequential amendments to Acts in the Victorian Statute Book, including the Transport Integration Act 2010, the Road Safety Act 1986, the Road Management Act 2004, the Transport (Compliance and Miscellaneous) Act 1983, the Accident Towing Services Act 2007 and the Heavy Vehicle National Law Application Act 2013; and

(c)to make amendments to the Road Safety Act 1986—

(i)to implement a range of measures relating to zero blood alcohol requirements and the deployment of vehicle immobilisation devices to promote road safety; and

(ii)to provide a process for the cancellation of the registration of vehicles with offensive advertisements on them; and

(iii)to improve the operation of the Act; and

(d)to amend the Heavy Vehicle National Law Application Act 2013, the Road Management Act 2004 and the Road Safety Act 1986 to enable staff of the National Heavy Vehicle Regulator transferred to it from VicRoads to continue to act as authorised officers under those Acts; and

(e)to amend the Commercial Passenger Vehicle Industry Act 2017 to provide for offences prohibiting—

(i)persons from directly approaching other persons and offering them the provision of a commercial passenger vehicle service; and

(ii)persons from advertising offers for the provision of commercial passenger services in certain specified cases.

2Commencement

(1)This Part and Division 3 of Part 2, section 66(2), Division 1 of Part 3, sections 117 to 119, 144, 148, 150 to 153, 155 and 195A and Part 8 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 30 June 2021, it comes into operation on that day.

Part 2—Amendment of Transport Integration Act 2010

Division 1—Head, Transport for Victoria—body corporate

3Section 64A substituted and new sections 64AB to 64AF inserted

For section 64A of the Transport Integration Act 2010 substitute—

"64A   Establishment

(1)The Head, Transport for Victoria is established.

(2)The Head, Transport for Victoria consists of one member appointed in accordance with section 64AE as entity Head of the Head, Transport for Victoria.

(3)The Head, Transport for Victoria—

(a)is a body corporate with perpetual succession; and

(b)has an official seal; and

(c)may sue and be sued; and

(d)may acquire, hold and dispose of real and personal property; and

(e)may do and suffer all acts and things that a body corporate may by law do and suffer.

64ABOfficial seal

(1)The official seal of the Head, Transport for Victoria—

(a)must be kept in custody as directed by the Head, Transport for Victoria; and

(b)must not be used except as authorised by the Head, Transport for Victoria.

(2)All courts must take judicial notice of the seal of the Head, Transport for Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

64ACHead, Transport for Victoria represents the Crown

In performing its functions and exercising its powers, the Head, Transport for Victoria represents the Crown.

64ADRole of entity Head

The entity Head of the Head, Transport for Victoria is responsible for the management of the functions of the Head, Transport for Victoria consistent with the primary object of the Head, Transport for Victoria.

64AEAppointment of entity Head

(1)The Secretary may appoint a person employed in the Department under Part 3 of the Public Administration Act 2004 as entity Head of the Head, Transport for Victoria.

(2)Before any person is appointed as provided under subsection (1), the Minister must endorse that person's appointment.

64AFAppointment of acting entity Head

(1)If the entity Head of the Head, Transport for Victoria is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of entity Head, the Secretary may appoint any of the following persons to act as entity Head—

(a)a person employed in the Department under Part 3 of the Public Administration Act 2004;

(b)an Administrative Office Head of an Administrative Office in relation to the Department;

(c)the chief executive officer (however described) of a sector transport agency.

(2)A person's appointment under subsection (1) need not be endorsed by the Minister before their appointment, if their appointment will be for a period not exceeding 4 weeks.

(3)A person appointed under this section to act in the place of the entity Head of the Head, Transport for Victoria, while so acting—

(a)has all the rights and powers, and must perform all the duties, of entity Head of the Head, Transport Victoria; and

(b)is to be paid any remuneration and travelling or other allowances fixed by the Secretary from time to time.

(4)In this section—

Administrative Office and Administrative Office Head have the same meaning as in section 4(1) of the Public Administration Act 2004.".

Division 2—Amendment of the objects, powers, functions and planning requirements of transport bodies

4Objects of the Department

In section 32(b) of the Transport Integration Act 2010, after "budgets of" insert "sector transport agencies,".

5Functions of the Department

(1)For section 33(1)(a) of the Transport Integration Act 2010 substitute—

"(a)assist the Minister in relation to the performance of the Minister's functions and the exercise of the Minister's powers; and".

(2)After section 33(2)(b) of the Transport Integration Act 2010 insert—

"(ba)to assist the Head, Transport for Victoria in relation to the performance of its functions and exercise of its powers, if made available to the Head, Transport for Victoria by the Secretary under section 33A(1)(b); and".

(3)In section 33(2)(c) of the Transport Integration Act 2010 omit "or regulations under this Act or other transport legislation".

6Section 33A substituted

For section 33A of the Transport Integration Act 2010 substitute—

"33A   Functions of the Secretary

(1)The functions of the Secretary in relation to the transport system are to—

(a)provide advice to the Minister regarding—

(i)strategic and regulatory policy and legislation; and

(ii)the administration of this Act and other transport legislation; and

(b)make available staff in the Department and provide resources and other support as necessary to enable other transport bodies to perform the functions and exercise the powers conferred on them by or under this Act or any other Act; and

(c)procure, develop, construct and commission transport infrastructure; and

(d)procure and commission passenger services, rolling stock and transport assets; and

(e)contract in relation to the things mentioned in paragraphs (c) and (d); and

(f)lead the strategic planning of all forms of transport and the delivery of an integrated transport system; and

(g)lead the development of strategic and regulatory policy relating to the integration and improvement of the transport system; and

(h)undertake operational activities, including transport system operations, asset management and project management; and

(i)provide registration, licensing and accreditation services for the transport system and related matters; and

(j)carry out any enforcement functions conferred on the Secretary by or under this Act or any other Act; and

(k)develop and implement policies to improve the safety of the road system for all road users; and

(l)provide technical, project management, consultancy, data and information services relating to the transport system, including on a commercial basis consistent with government policy; and

(m)protect future options for the improvement of the transport system, including by holding, retaining and reserving land for future transport corridors; and

(n)seek to represent transport interests and wider State issues when liaising with other Victorian Departments and agencies and Departments and agencies of the Commonwealth, other States or Territories; and

(o)direct and guide sector transport agencies in the performance of their functions and the exercise of their powers under this Act and other transport legislation; and

(p)manage and administer matters, or develop initiatives, relating to—

(i)the movement of freight within, or in and out of, Victoria; and

(ii)the handling and storage of freight within Victoria; and

(q)perform any other functions conferred or duties imposed on the Secretary by or under this Act or any other Act.

(2)With the approval of the Minister, the Secretary may perform the functions specified in subsection (1)(i) or (l) for any purpose unrelated to the transport system.".

7Powers of the Secretary

(1)For section 34(1) of the Transport Integration Act 2010 substitute—

"(1)The Secretary has power, on behalf of the Crown, to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the performance of the functions of the Secretary under this Act or any other Act.".

(2)In section 34(2) of the Transport Integration Act 2010—

(a)in paragraph (a), for "or dispose of" substitute ", dispose of or otherwise deal with";

(b)after paragraph (a) insert—

"(ab)dispose of land, or an interest in land, to another transport body for nominal consideration;

(ac)accept the transfer of land, or an interest in land, from another transport body for nominal consideration;".

(3)After section 34(2A) of the Transport Integration Act 2010 insert—

"(2B)Without limiting the generality of subsection (1), the Secretary has the following powers for the purposes of performing the functions specified in section 33A(1)(l) for any purpose unrelated to the transport system as approved under section 33A(2)—

(a)to apply for, obtain and hold intellectual property rights (including patents, copyrights, trademarks and registered designs) on behalf of the Crown;

(b)to enter into agreements or arrangements, on behalf of the Crown, for the commercial exploitation within or outside Victoria of those intellectual property rights and ancillary services on any terms or conditions as to royalties, lump sum payments or otherwise as the Secretary determines;

(c)to enter into agreements or arrangements, on behalf of the Crown, within or outside Victoria for the provision by the Secretary of administration or management, or data and information, services or systems.".

(4)For section 34(4) of the Transport Integration Act 2010 substitute—

'(4)Any acquisition or disposition of or other dealing with land by the Secretary on behalf of the Crown must be made in the name of "Secretary (within the meaning of the Transport Integration Act 2010)".

(4A)Without limiting the generality of subsections (1) and (4), the Secretary may, on behalf of the Crown, dispose of or otherwise deal with land held by the Secretary and that was acquired under this Act in the name of "Secretary (within the meaning of the Transport Integration Act 2010)" by any person who previously held, acted in or performed the duties of, the office of Secretary.'.

8Compulsory acquisition of land

In section 36(1) of the Transport Integration Act 2010, for "Department or the exercise of his or her powers" substitute "Secretary under this Act".

9Section 38 heading substituted

For the heading to section 38 of the Transport Integration Act 2010 substitute—

"Secretary subject to general direction and control of the Minister".

10New sections 38A and 38B inserted

After section 38 of the Transport Integration Act 2010 insert—

"38A   Directions from the Secretary

(1)The Secretary may give a written direction to a sector transport agency in respect of the performance by the sector transport agency of any of its functions.

(2)A written direction under subsection (1) must not be inconsistent with—

(a)any requirements under this Act or any transport legislation that apply to the sector transport agency in the performance of its functions or the exercise of its powers; or

(b)any specific direction given by the Minister to the sector transport agency.

(3)A sector transport agency must—

(a)comply with a written direction given to it under subsection (1); and

(b)provide a statement of its response to that direction to the Secretary, if required, within the period specified by the Secretary in the direction.

(4)The Subordinate Legislation Act 1994 does not apply to a written direction given under this section.

(5)The operation of this section is not limited by section 64T, 115MA or 163.

38BConflicting directions

(1)If there is any inconsistency between a written direction given to a sector transport agency by the Secretary and a written direction given by the Minister, the direction given by the Minister prevails to the extent of the inconsistency.

(2)An act or decision or the performance of a function or exercise of any power by a sector transport agency is not invalid only because of any inconsistency between—

(a)directions given to the sector transport agency; and

(b)functions performed or powers exercised by the sector transport agency.".

11New Division 3A of Part 3 inserted

After Division 3 of Part 3 of the Transport Integration Act 2010 insert—

"Division 3A—Public Transport Fund and Roads Fund

39APublic Transport Fund

(1)There must be established in the Public Account as part of the Trust Fund an account to be known as the Public Transport Fund.

(2)Subject to subsection (4) and section 39B(2), the Head, Transport for Victoria must pay into the Public Transport Fund all trading revenue, interest and other money received by or paid to the Head, Transport for Victoria.

(3)Subject to subsection (4) and in addition to subsection (2), there must be paid into the Public Transport Fund—

(a)all amounts received under agreements, leases or licences to which the Head, Transport for Victoria, or another person on behalf of the Head, Transport for Victoria, is a party relating to, or connected with, transport services; and

(b)all amounts allocated to the Head, Transport for Victoria in accordance with any agreement referred to in section 64D(2)(e).

(4)The Treasurer or Minister administering Part 7 of the Financial Management Act 1994 may specify a class or classes of money that would otherwise be payable into the Public Transport Fund under subsection (2) or (3) as money that must not be paid into that Fund.

(5)There may be paid out of the Public Transport Fund—

(a)amounts for, or in connection with, the performance of the functions of the Head, Transport for Victoria, including—

(i)amounts to be paid under agreements, leases or licences to which the Head, Transport for Victoria, or another person on behalf of the Head, Transport for Victoria, is a party relating to, or connected with, transport services; and

(ii)refunds of money under agreements relating to the provision of passenger services; or

(b)amounts for other purposes as approved by the Treasurer or Minister administering Part 7 of the Financial Management Act 1994; or

(c)amounts required to be paid out by or under this Act or any other Act.

39BRoads Fund

(1)There must be established in the Public Account as part of the Trust Fund an account to be known as the Roads Fund.

(2)Subject to subsection (3), the Secretary, or the Head, Transport for Victoria, must pay into the Roads Fund all trading revenue, interest and other money received by or paid to the Secretary, or the Head, Transport for Victoria, that is required to be paid into the Roads Fund by or under any Act.

Note

See also section 97 of the Road Safety Act 1986.

(3)The Treasurer or Minister administering Part 7 of the Financial Management Act 1994 may specify a class or classes of money that would otherwise be payable into the Roads Fund under subsection (2) as money that must not be paid into that Fund.

(4)There may be paid out of the Roads Fund—

(a)amounts for, or in connection with, the performance of the functions of the Secretary, or the functions of the Head, Transport for Victoria, relating to the road system, including amounts to be paid under agreements, leases or licences to which the Secretary or Head, Transport for Victoria, or another person on behalf of the Secretary or Head, Transport for Victoria, is a party relating to, or connected with, transport services; or

(b)amounts for other purposes as approved by the Treasurer or Minister administering Part 7 of the Financial Management Act 1994; or

(c)amounts required to be paid out by or under this Act or any other Act.

39CClosure of funds

(1)Section 19(4) of the Financial Management Act 1994 does not apply to the Public Transport Fund or Roads Fund.

(2)The Minister administering section 19 of the Financial Management Act 1994 may, with the approval of the Minister administering section 39A or 39B, direct that a trust account established under section 39A or 39B be closed and, after all liabilities of the trust account have been met, the trust account must be closed accordingly.

(3)Section 19(5) of the Financial Management Act 1994 applies for the purposes of this section as if a reference to a trust account closed under that section were a reference to a trust account closed under this section.".

12Transport plan

(1)For section 63(1) of the Transport Integration Act 2010 substitute—

"(1)The Secretary must prepare and periodically revise the transport plan.".

(2)Section 63(3) of the Transport Integration Act 2010 is repealed.

13Corporate plans

In section 64 of the Transport Integration Act 2010—

(a)in subsection (1)(a) omit "for the outlook period";

(b)in subsection (2)(d), for "lead transport agency's" substitute "Department's";

(c)in subsection (3)—

(i)in paragraph (a) omit "for the outlook period";

(ii)in paragraph (b), for "lead transport agency for approval" substitute "Department";

(d)after subsection (4)(b) insert—

"(ba)complies with the guidelines issued by the Secretary (if any);";

(e)in subsection (4)(c), for "lead transport agency's" substitute "Department's";

(f)in subsection (6), for "lead transport agency" substitute "Department";

(g)in subsections (7)(a) and (10)(a) omit "for the outlook period";

(h)in subsection (15)—

(i)in the definition of corporate plan, in paragraph (c), for "projects;" substitute "projects.";

(ii)the definition of outlook period is repealed.

14Heading to Part 4A substituted and Division 1 heading repealed

(1)For the heading to Part 4A of the Transport Integration Act 2010 substitute—

"Part 4A—Head, Transport for Victoria".

(2)The heading to Division 1 of Part 4A of the Transport Integration Act 2010 is repealed.

15Sections 64B and 64C substituted

For sections 64B and 64C of the Transport Integration Act 2010 substitute—

"64B   Object of the Head, Transport for Victoria

The primary object of the Head, Transport for Victoria is to coordinate, provide, operate and maintain the public transport system and the road system consistent with the vision statement and the transport system objectives and includes the following—

(a)to ensure, in collaboration with other transport bodies and public entities, that the public transport system and the road system operate as part of an integrated transport system which seeks to meet the needs of all transport system users;

(b)to manage the public transport system and the road system in a manner which supports a sustainable Victoria—

(i)by seeking to increase the share of public transport, walking and cycling trips as a proportion of all transport trips in Victoria; and

(ii)by actively promoting public transport to Victorian families and other members of the community as an alternative to travelling by motor car; and

(iii)while seeking to give effect to subparagraphs (i) and (ii), by also seeking to improve the environmental performance and to minimise the adverse environmental impacts of the public transport system and the road system;

(c)to contribute to social wellbeing by providing access to opportunities and supporting liveable communities;

(d)to promote economic prosperity by facilitating efficient and reliable movement of public transport users, road users and goods while also supporting rail freight services;

(e)to improve the safety of the public transport system and the road system for the users of those systems.

64CFunctions of the Head, Transport for Victoria

(1)The functions of the Head, Transport for Victoria are to—

(a)improve the public transport system in Victoria by—

(i)providing and disseminating, or arranging for the provision and dissemination of, including by maintaining a public transport website on the Internet, information on public transport matters, including services, fares and timetables; and

(ii)providing consistent information and signage on public transport infrastructure; and

(iii)managing relationships with, and between, stakeholders in the public transport system; and

(b)in relation to transport infrastructure—

(i)construct, maintain or vary public transport infrastructure, including rail infrastructure; and

(ii)construct, maintain, vary or manage roads, road-related infrastructure, roadsides and other related transport assets; and

(iii)manage operational public transport infrastructure (including rail infrastructure) and other transport assets, including by setting standards for the maintenance and condition of that infrastructure and those assets; and

(c)manage leases of rail infrastructure used for the provision of freight and related services; and

(d)manage the coordination of trams, trains and buses, including by providing operational advice and assurance to the Secretary regarding the implementation of timetabling and connectivity of passenger services; and

(e)provide and disseminate information to Victorians about the road system and related matters, including on a commercial basis consistent with government policy; and

(f)develop and implement operational policies, strategies and plans to improve—

(i)the safety of passenger services; and

(ii)the security of the public transport system; and

(iii)the safety of the road system, including through works to improve the safety of road and road-related infrastructure; and

(g)develop and implement, and support the development and implementation of, operational policies, strategies and plans, including through standards, guidelines and practices, for the public transport system, the road system and related matters under the Secretary's planning framework; and

(h)support the Secretary to plan for the public transport system and road system as part of an integrated transport system under the Secretary's planning framework; and

(i)provide advice to the Secretary to assist in the development of strategic and regulatory policy, and legislation, relating to the public transport system and road system and related matters; and

(j)provide and operate, or facilitate the provision and operation of, public transport, including by—

(i)entering into and managing contracts for the provision of passenger services and other ancillary or incidental transport services; and

(ii)providing passenger services and other ancillary or incidental transport services; and

(iii)putting into service and maintaining rolling stock, buses or other vehicles for passenger services or other ancillary or incidental transport services; and

(iv)supporting the Secretary in procuring passenger services, rolling stock and transport assets, including other ancillary or incidental transport services and assets, as directed by the Secretary; and

(v)with the approval of the Secretary, procuring passenger services, rolling stock and transport assets; and

(k)provide and operate, or facilitate the provision and operation of, ticketing systems used for the public transport system and manage ongoing improvements in ticketing systems for the public transport system; and

(l)operate the road system by managing access and controlling use, including by—

(i)installing, operating and maintaining road and road-related infrastructure such as signals, signage, line markings, intelligent transport systems and other road management systems; and

(ii)implementing road space allocation measures to give priority to particular modes of transport at certain times on specified roads or parts of roads; and

(iii)managing road works and incidents and events on roads in a manner which minimises disruption to the road system; and

(m)facilitate the establishment, management and operation of an integrated transport service centre as directed by the Secretary; and

(n)monitor and report to the Minister and the Secretary on whether the provision of passenger services meets contractual obligations and Government and community expectations, including through conducting surveys in relation to customer satisfaction; and

(o)protect, and support the Secretary to protect, future options for the improvement of the transport system, including by holding, retaining and reserving land for future transport corridors; and

(p)support the development of, and develop and implement, effective environmental policies, strategies and management systems under the Secretary's planning framework to support a sustainable transport system, including minimising any adverse environmental impacts from the public transport system and road system; and

(q)support the planning, development and maintenance of cycling and walking paths and related infrastructure; and

(r)provide technical, project management, consultancy, data and information services relating to the transport system, including on a commercial basis consistent with government policy; and

(s)carry out enforcement functions conferred on the Head, Transport for Victoria; and

(t)if authorised by the Secretary to do so, carry out any of the Secretary's enforcement functions conferred by or under any Act that are specified in the authorisation, including by implementing an appropriate enforcement strategy as required by the Secretary; and

(u)perform any other functions or duties conferred on the Head, Transport for Victoria by or under this Act or any other Act.

(2)In performing the functions conferred on the Head, Transport for Victoria, the Head, Transport for Victoria must—

(a)where relevant, engage with stakeholders so as to ensure better outcomes for all Victorians; and

(b)efficiently deal with any complaints relating to the performance of—

(i)the public transport system; and

(ii)the functions of the Head, Transport for Victoria; and

(iii)a public transport operator; and

(c)perform the functions consistently with Government policies and strategies for rail freight in Victoria; and

(d)balance the rail usage needs of public transport and freight.

(3)After consultation with the Secretary and with the approval of the Minister, the Head, Transport for Victoria may perform the function specified in subsection (1)(r) for any purpose unrelated to the transport system including law enforcement.

(4)The Head, Transport for Victoria must report to the Secretary in the manner and form determined by the Secretary on all matters relating to the performance of functions and the exercise of powers by the Head, Transport for Victoria by or under this Act and any other Act.

(5)The Head, Transport for Victoria must have regard to the central role of the Secretary and the Department in respect of the transport system and related matters when performing the functions, and exercising the powers, of the Head, Transport for Victoria.

(6)The functions of the Head, Transport for Victoria do not include the development of legislation, strategic and regulatory policy and related matters.

(7)However, the Head, Transport for Victoria may advise or comment on the development of legislation, strategic and regulatory policy and related matters.

(8)The Head, Transport for Victoria may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.".

16Powers of the Head, Transport for Victoria

(1)In the heading to section 64D of the Transport Integration Act 2010, for "lead transport agency" substitute "Head, Transport for Victoria".

(2)For section 64D(1) of the Transport Integration Act 2010 substitute—

"(1)The Head, Transport for Victoria has power to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the achievement of its object and the performance of its functions.".

(3)In section 64D(2) of the Transport Integration Act 2010—

(a)for "lead transport agency may on behalf of the Crown" substitute "Head, Transport for Victoria may";

(b)in paragraph (a), for "lead transport agency" substitute "Head, Transport for Victoria";

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

(d)in paragraph (f), for "nature;" substitute "nature.";

(e)paragraph (g) is repealed.

(4)In section 64D(3) of the Transport Integration Act 2010—

(a)for "lead transport agency may on behalf of the Crown" substitute "Head, Transport for Victoria may";

(b)before paragraph (a) insert—

"(aaa)enter into any agreement or contract;

(aab)enter into any lease or licence;";

(c)in paragraph (f), for "lead transport agency" substitute "Head, Transport for Victoria";

(d)after paragraph (f) insert—

"(fa)make any land or other property vested in or managed by the Head, Transport for Victoria available for use or engagement by any other person;

(fb)dispose of land, or an interest in land, to another transport body for nominal consideration;

(fc)accept the transfer of land, or an interest in land, from another transport body for nominal consideration;";

(e)in paragraph (j) omit "Crown".

(5)After section 64D(3) of the Transport Integration Act 2010 insert—

"(3A)Without limiting the generality of subsection (1), the Head, Transport for Victoria has the following powers for the purposes of performing the functions specified in section 64C(1)(r) for any purpose unrelated to the transport system as approved under section 64C(3)—

(a)to apply for, obtain and hold intellectual property rights (including patents, copyrights, trademarks and registered designs);

(b)to enter into agreements or arrangements for the commercial exploitation within or outside Victoria of those intellectual property rights and ancillary services on any terms or conditions as to royalties, lump sum payments or otherwise as the Head, Transport for Victoria determines;

(c)to enter into agreements or arrangements within or outside Victoria for the provision by the Head, Transport for Victoria of administration or management, or data and information, services or systems.".

(6)In section 64D(4) and (5) of the Transport Integration Act 2010, for "lead transport agency" substitute "Head, Transport for Victoria".

17Sections 64E and 64F repealed

Sections 64E and 64F of the Transport Integration Act 2010 are repealed.

18Compulsory acquisition of land

(1)For section 64G(1) of the Transport Integration Act 2010 substitute—

"(1)Subject to the approval of the Minister, the Head, Transport for Victoria may compulsorily acquire any land which is or may be required by it for or in connection with the performance of its functions or the exercise of its powers.".

(2)In section 64G(2)(b) of the Transport Integration Act 2010, for "lead transport agency" substitute "Head, Transport for Victoria".

(3)In section 64G(3) of the Transport Integration Act 2010—

(a)for "lead transport agency" (where first occurring) substitute "Head, Transport for Victoria";

(b)for "lead transport agency may on behalf of the Crown" substitute "Head, Transport for Victoria may";

(c)for "lead transport agency on behalf of the Crown" (wherever occurring) substitute "Head, Transport for Victoria".

(4)In section 64G(4) of the Transport Integration Act 2010—

(a)for "lead transport agency" (where first occurring) substitute "Head, Transport for Victoria";

(b)in paragraph (a), for "lead transport agency may on behalf of the Crown" substitute "Head, Transport for Victoria may";

(c)for "lead transport agency on behalf of the Crown" (wherever occurring) substitute "Head, Transport for Victoria".

19Grant of unalienated Crown land

(1)In section 64J(1) of the Transport Integration Act 2010, for "vested in the lead transport agency on behalf of the Crown" substitute "used or managed by the Head, Transport for Victoria".

(2)In section 64J(2) of the Transport Integration Act 2010, for "lead transport agency on behalf of the Crown" substitute "Head, Transport for Victoria".

20New sections 64JA to 64JD inserted

After section 64J of the Transport Integration Act 2010 insert—

"64JA   Obligations of Head, Transport for Victoria in relation to Yarra River land

(1)The Head, Transport for Victoria—

(a)must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Head, Transport for Victoria when performing a function or duty or exercising a power under this Act or any other Act in relation to Yarra River land; and

(b)must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Head, Transport for Victoria, when performing a function or duty or exercising a power under this Act or any other Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by the Head, Transport for Victoria in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.

64JBObligations of Head, Transport for Victoria in relation to declared areas

(1)The Head, Transport for Victoria, when performing a function or duty or exercising a power under this Act in relation to a declared area—

(a)must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Head, Transport for Victoria; and

(b)must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Head, Transport for Victoria; and

(c)must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by the Head, Transport for Victoria in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.

64JCDisposal of assets in exchange for lease

The Head, Transport for Victoria may, after consultation with the Secretary and with the approval of the Minister administering Part 7 of the Financial Management Act 1994 and the Minister, dispose of any real or personal property under an arrangement by which the Head, Transport for Victoria is to take a lease of the property disposed of or of any other real or personal property.

64JDSurplus land

(1)The Head, Transport for Victoria may, after consultation with the Secretary and with the approval of the Minister, do any one or more of the following—

(a)sell any surplus land;

(b)grant leases of any surplus land, or in the case of the Secretary, Victorian Rail Track or V/Line Corporation, grant a lease of any land for nominal consideration, and may do so notwithstanding that the land is—

(i)land which was granted to the Head, Transport for Victoria or to any other person subject to a trust or condition requiring it to be used for some particular purpose; or

(ii)land temporarily or permanently reserved for any purpose under the Crown Land (Reserves) Act 1978 or any previous Act relating to Crown land;

(c)develop any surplus land and for this purpose may do any one or more of the following—

(i)subdivide and re-subdivide the land;

(ii)consolidate the title to the land;

(iii)grant or create in favour of any person any easement over the land upon the terms and conditions that the Head, Transport for Victoria considers appropriate;

(iv)effect or arrange with other persons for the development of the land upon the terms and conditions that the Head, Transport for Victoria considers appropriate;

(v)maintain, operate and manage, or arrange with other persons to maintain, operate and manage, the land and any buildings, works, structures and other property on the land;

(vi)promote a Property Trust and—

(A)with the consent of the Minister administering Part 7 of the Financial Management Act 1994, subscribe for or otherwise acquire and dispose of any unit or units in the Trust; or

(B)enter into arrangements with the Trust for the management by the Head, Transport for Victoria of the Trust; or

(C)enter into contracts with the Trust as the Head, Transport for Victoria considers are necessary to guarantee to unit holders in the Trust an agreed return; or

(D)make loans to the Trust on the terms the Head, Transport for Victoria considers appropriate.

(2)Any Property Trust promoted under this section must provide that the trustees are to be appointed by the Minister.

(3)In this section—

develop means improve land for any commercial or civic or other public or private purpose, including by the construction, demolition or substantial alteration of any structure in or upon the land or the excavation of the land;

surplus land means land which—

(a)is vested in the Head, Transport for Victoria; and

(b)is no longer required for transport purposes.".

21Power of Treasurer to execute guarantee

(1)For section 64P(1) of the Transport Integration Act 2010 substitute—

"(1)The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance of any obligations of the Head, Transport for Victoria under a contract—

(a)to be entered into by the Head, Transport for Victoria with that person under this Act; or

(b)with the person to which the Head, Transport for Victoria is substituted as a party under Division 4 of Part 12; or

(c)to which the person is a party which was assigned or novated to the Head, Transport for Victoria by the Public Transport Development Authority or the Roads Corporation.".

(2)In section 64P(2) and (3) of the Transport Integration Act 2010, for "lead transport agency on behalf of the Crown" (where twice occurring) substitute "Head, Transport for Victoria".

(3)In section 64P(5) and (6) of the Transport Integration Act 2010, for "lead transport agency on behalf of the Crown" substitute "Head, Transport for Victoria".

22New sections 64PA and 64PB inserted

After section 64P of the Transport Integration Act 2010 insert—

"64PA   Performance reports

(1)The requirements in this section are in addition to any other requirements under this Act or the Financial Management Act 1994.

(2)The Head, Transport for Victoria must provide a performance report to the Secretary on the performance of the public transport system.

(3)The performance report under subsection (2) must be laid before each House of the Parliament together with the report of operations prepared under Part 7 of the Financial Management Act 1994 in respect of that year.

64PBFinancial reports

(1)The requirements in this section are in addition to any other requirements under this Act or the Financial Management Act 1994.

(2)The Head, Transport for Victoria must provide a monthly financial report to the Department to support the financial reporting obligations imposed on the Secretary.

(3)A monthly financial report—

(a)must contain the matters required by the Secretary; and

(b)may contain any other information that the Head, Transport for Victoria considers appropriate.

(4)The Secretary may, if the Secretary considers it reasonable to do so, request the Head, Transport for Victoria to provide a financial report to the Department containing the matters required by the Secretary at any other time during the year.".

23New section 64SA inserted

After section 64S of the Transport Integration Act 2010 insert—

"64SA   Reports to Minister and Secretary

(1)The Minister may, in writing, require the Head, Transport for Victoria to give the Minister any information that the Minister reasonably requires.

(2)The Secretary may, in writing, require the Head, Transport for Victoria to give the Secretary any information that the Secretary reasonably requires.".

24Directions from Minister and Secretary

(1)In section 64T(1) of the Transport Integration Act 2010, for "lead transport agency" substitute "Head, Transport for Victoria".

(2)After section 64T(2) of the Transport Integration Act 2010 insert—

"(3)The Head, Transport for Victoria cannot be given any direction by the Minister or Secretary as to the quantum of any amount payable under section 68 of the Rail Management Act 1996 for breach of a civil penalty provision within the meaning of that section.".

25Section 64U repealed

Section 64U of the Transport Integration Act 2010 is repealed.

26Delegations giving rise to conflict and effect

(1)For the heading to section 64V of the Transport Integration Act 2010 substitute—

"Delegations giving rise to conflict and effect".

(2)Section 64V(1) and (2) of the Transport Integration Act 2010 are repealed.

(3)In section 64V(3) and (4) of the Transport Integration Act 2010, for "lead transport agency" substitute "Head, Transport for Victoria".

27Corporate plan—Commercial Passenger Vehicle Commission

(1)In section 115SC(2) of the Transport Integration Act 2010, for "lead transport agency" substitute "Secretary".

(2)For section 115SC(3) and (4) of the Transport Integration Act 2010 substitute—

"(3)The proposed corporate plan must be in a form approved by the Secretary.

(3A)The Secretary must give any comments on the proposed corporate plan within 6 weeks after the proposed corporate plan was given to the Secretary.

(4)The Commercial Passenger Vehicle Commission must consider any comments on the proposed corporate plan made by the Secretary within 6 weeks after the comments were given by the Secretary.".

(3)In section 115SC(5)(a), (b) and (c), (6) and (7) of the Transport Integration Act 2010, for "lead transport agency" substitute "Secretary".

(4)In section 115SC(8) of the Transport Integration Act 2010, for "lead transport agency" (where twice occurring) substitute "Secretary".

(5)In section 115SC(9) of the Transport Integration Act 2010—

(a)for "lead transport agency" substitute "Secretary";

(b)omit "a statement of corporate intent,".

(6)In section 115SC(10) of the Transport Integration Act 2010, for "lead transport agency" substitute "Secretary".

(7)In section 115SC(12) of the Transport Integration Act 2010 omit "the statement of corporate intent,".

28Section 115SD repealed

Section 115SD of the Transport Integration Act 2010 is repealed.

29Functions of Victorian Rail Track

In section 120(1) of the Transport Integration Act 2010—

(a)in paragraph (a), for "Public Transport Development Authority" substitute "Head, Transport for Victoria";

(b)in paragraph (f) omit "and that support is provided to tourist and heritage operators";

(c)after paragraph (f) insert—

"(fa)to provide support to tourist and heritage railway operators within the meaning of the Tourist and Heritage Railways Act 2010;";

(d)in paragraph (l) omit "or regulations under this Act or any other Act".

30Annual report—Transport Corporation

In section 164(1) of the Transport Integration Act 2010—

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

(b)paragraph (b) is repealed.

31Corporate plan—Transport Corporation

(1)For section 165(3) and (4) of the Transport Integration Act 2010 substitute—

"(3)The proposed corporate plan must be in a form approved by the Minister.

(3A)The Minister must give any comments on the proposed corporate plan within 6 weeks after the proposed corporate plan was given to the Minister.

(4)The board of directors of a Transport Corporation must consider any comments on the proposed corporate plan made by the Minister within 6 weeks after the comments were given by the Minister.".

(2)In section 165(9) of the Transport Integration Act 2010 omit "a statement of corporate intent,".

(3)In section 165(12) of the Transport Integration Act 2010 omit "the statement of corporate intent,".

(4)In section 165(13) of the Transport Integration Act 2010—

(a)in paragraph (a), for "(3)(a)" substitute "(3), (3A)";

(b)paragraph (b) is repealed.

(5)In section 165(14) of the Transport Integration Act 2010, for "lead transport agency" substitute "Secretary".

32Section 166 repealed

Section 166 of the Transport Integration Act 2010 is repealed.

Division 3—Amendment of Transport Restructuring Order and Transfer Order provisions

33New Part heading inserted and Division heading amended

(1)Before the heading to Division 2 of Part 4A of the Transport Integration Act 2010 insert—

"Part 4B—Transport Restructuring Orders and Transfer Orders".

(2)In the heading to Division 2 of Part 4A of the Transport Integration Act 2010, for "2" substitute "1".

34New section 65AA inserted

After section 65 of the Transport Integration Act 2010 insert—

"65AA   Effect of Transport Restructuring Order

A Transport Restructuring Order has force and effect despite anything to the contrary in any other Act.".

42.1In section 3(1), insert the following definitions—

"Department means the Department of Transport;

Secretary means Secretary to the Department of Transport;".

42.2In section 120(1A), for "an officer of the Roads Corporation of Victoria" substitute "the Secretary or an employee in the Department who is authorised to do so by the Secretary".

42.3In the heading to section 126C, for "Roads Corporation" substitute "the Secretary to the Department of Transport".

42.4In section 126C(1), for "Roads Corporation" substitute "Secretary to the Department of Transport".

43Transport Integration Act 2010

43.1For section 27A(1)(c) substitute—

"(c)the Commercial Passenger Vehicle Commission;".

43.2In section 80(3) omit "consistent with the primary object of the Roads Corporation".

43.3In the heading to section 115P omit "and the lead transport agency".

43.4In section 115P omit "and the lead transport agency".

43.5In section 115QA(1), for "lead transport agency" substitute "Secretary".

43.6In section 115SE(2), for "lead transport agency" substitute "Secretary".

43.7In section 115SF omit ", 115SD".

43.8In the heading to section 141G, for "lead transport agency" substitute "Secretary".

43.9In section 141G(1), for "lead transport agency" substitute "Secretary".

43.10In the heading to section 141U, for "lead transport agency" substitute "Secretary".

43.11In section 141U(1), for "lead transport agency" substitute "Secretary".

43.12In section 153(1), for "Public Transport Development Authority" substitute "Head, Transport for Victoria".

43.13In section 167(4), for "lead transport agency" substitute "Secretary".

43.14In section 168 omit ", 166".

43.15In section 169(4), for "lead transport agency" substitute "Secretary".

43.16In section 197A, in the definition of regulator, for paragraph (e) substitute—

"(e)the Commercial Passenger Vehicle Commission;".

44Transport Superannuation Act 1988

44.1In section 3(1), in paragraph (b) of the definition of Transport Authority, for "Roads Corporation" substitute "Secretary to the Department of Transport".

45Transport (Compliance and Miscellaneous) Act 1983

45.1In section 2(1)—

(a)in the definition of bus company omit "on behalf of the Crown or the Public Transport Development Authority";

(b)for the definition of Department substitute—

"Department means the Department of Transport;";

(c)in the definition of entitlement to use a public transport service—

(i)omit "the Public Transport Development Authority or";

(ii)omit "on behalf of the Crown";

(d)in the definition of officer omit "or in or by the Corporation (whether or not that person is employed in the transport service)";

(e)the definition of Public Transport Development Authority is repealed;

(f)the definition of Roads Corporation is repealed.

45.2In section 2(2A), omit "or the Public Transport Development Authority".

45.3In section 2(2C)—

(a)in paragraph (a)—

(i)omit "the Public Transport Development Authority or";

(ii)omit "on behalf of the Crown";

(b)in paragraph (b) omit "on behalf of the Crown or the Public Transport Development Authority";

45.4In section 2(2D)—

(a)in paragraph (a)—

(i)omit "the Public Transport Development Authority or";

(ii)omit "on behalf of the Crown";

(b)in paragraph (b) omit "on behalf of the Crown or the Public Transport Development Authority";

45.5In section 56(1)—

(a)in paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) and (r), for "Roads Corporation" substitute "Head, Transport for Victoria";

(b)in paragraphs (e), (f), (h) and (k), for "Public Transport Development Authority" substitute "Head, Transport for Victoria";

(c)in paragraphs (i) and (j), for "that Corporation" (wherever occurring) substitute "the Head, Transport for Victoria".

45.6In section 56(2)—

(a)in paragraph (b), for "Roads Corporation" substitute "Secretary";

(b)in paragraphs (l), (m), (o) and (r), for "Roads Corporation" (wherever occurring) substitute "Head, Transport for Victoria".

45.7In section 56(3)—

(a)in paragraphs (c) and (d), for "Roads Corporation" substitute "Head, Transport for Victoria";

(b)in paragraph (f)—

(i)for "Roads Corporation" substitute "Head, Transport for Victoria";

(ii)for "that Corporation or" substitute "the Head, Transport for Victoria, that";

(c)in paragraph (g), for "Roads Corporation or an officer of the Roads Corporation" substitute "Head, Transport for Victoria";

(d)in paragraph (f), for "that Corporation" substitute "the Head, Transport for Victoria".

45.8In section 56(4)(b), for "Roads Corporation" (where twice occurring) substitute "Head, Transport for Victoria".

45.9Section 85A(a) is repealed.

45.10In section 195(1) and (2)(b), for "Public Transport Development Authority" substitute "Head, Transport for Victoria".

45.11In the heading to section 196, for "Public Transport Development Authority" substitute "The Head, Transport for Victoria".

45.12In section 196, for "Public Transport Development Authority" (where twice occurring) substitute "Head, Transport for Victoria".

45.13In section 198(1), for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria".

45.14In section 199(1) and (2) for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria".

45.15In the heading to section 200, for "Public Transport Development Authority" substitute "The Head, Transport for Victoria".

45.16In section 200(1), for "Public Transport Development Authority" (where twice occurring) substitute "Head, Transport for Victoria".

45.17In section 200(2), for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria".

45.18In section 200(3), for "Public Transport Development Authority" (where twice occurring) substitute "Head, Transport for Victoria".

45.19In section 201(1)(a), (b) and (2), for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria".

45.20In the heading to section 202, for "Public Transport Development Authority" substitute "The Head, Transport for Victoria".

45.21In section 202(1) and (2), for "Public Transport Development Authority" substitute "Head, Transport for Victoria".

45.22In section 203(1), (2) and (3), for "Public Transport Development Authority" substitute "Head, Transport for Victoria".

45.23In section 204, for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria".

45.24Section 212(1A)(a) is repealed.

45.25Section 212A is repealed.

45.26In section 213A(3), (5) and (6), for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria".

45.27In section 215(1)(ga), for "Public Transport Development Authority" substitute "Head, Transport for Victoria".

45.28In section 216(1)—

(a)for "officer of the Roads Corporation" (where twice occurring) substitute "employee in the Department";

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

45.29In section 216(2)—

(a)for "officer" (where first occurring) substitute "employee";

(b)for "officer of" substitute "employee or".

45.30Insert the following heading to section 217—

"217   Powers of officers authorised by the Secretary".

45.31In section 217(1)—

(a)for "officer of the Roads Corporation" substitute "employee in the Department";

(b)for "that Corporation" (where twice occurring) substitute "the Secretary".

45.32In section 217(2), for "officer of the Roads Corporation" substitute "employee in the Department".

45.33In section 217(3), for "Chief Executive of the Roads Corporation" (wherever occurring) substitute "Secretary".

45.34In section 217(4), for "officer" (where twice occurring) substitute "employee".

45.35In section 220D(1B), for "Public Transport Development Authority" substitute "Head, Transport for Victoria".

45.36In section 221(7)—

(a)for "Victoria," (where first occurring) substitute "Victoria or";

(b)omit "a director, member of staff or the Chief Executive Officer of the Public Transport Development Authority or" (where twice occurring).

45.37In section 221U—

(a)in paragraph (a) of the definition of rail premises, omit "or the Public Transport Development Authority";

(b)in the definition of railway track, omit "or the Public Transport Development Authority";

(c)in the definition of tramway track, omit "or the Public Transport Development Authority".

45.38In section 221X(1) and (2), for "Roads Corporation" substitute "Head, Transport for Victoria".

45.39In section 221XA(1), (3) and (4), for "Roads Corporation" substitute "Head, Transport for Victoria".

45.40In section 221XB—

(a)in subsection (1)—

(i)for "Roads Corporation's opinion" substitute "opinion of the Head, Transport for Victoria";

(ii)omit "or employees of the Roads Corporation";

(iii)for "Roads Corporation" (where secondly occurring) substitute "Head, Transport for Victoria";

(b)in subsection (2), for "Roads Corporation's opinion" substitute "opinion of the Head, Transport for Victoria".

45.41In section 221XC(1), for "Roads Corporation" substitute "Head, Transport for Victoria".

45.42In section 221XD, for "Roads Corporation" substitute "Head, Transport for Victoria".

45.43In section 221Y(1)(c), for "Roads Corporation" substitute "Head, Transport for Victoria".

45.44In section 221ZA(1), for "Roads Corporation" substitute "Head, Transport for Victoria".

45.45In section 221ZH(1), for "Public Transport Development Authority" substitute "Head, Transport for Victoria".

45.46In section 222B(1) and (2), for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria".

45.47In the heading to section 223, for "Roads Corporation" substitute "the Head, Transport for Victoria".

45.48In section 223, for "Roads Corporation" substitute "Head, Transport for Victoria".

45.49In section 225(1), in paragraph (a) of the definition of officer—

(a)for "officer or agent of the Roads Corporation," substitute "employee in the Department or of";

(b)omit "or of the Department,".

45.50For section 225B(a) substitute—

"(a)an employee in the Department; or

(ab)the person appointed under section 64AE of the Transport Integration Act 2010 as entity Head for the Head, Transport for Victoria; or".

45.51In section 229(1) and (1B)(a), for "Roads Corporation" substitute "Head, Transport for Victoria".

45.52In section 229(1A)(a)—

(a)for "Roads Corporation" substitute "Secretary or the Head, Transport for Victoria";

(b)for "that Corporation" substitute "the Secretary or the Head, Transport for Victoria".

45.53In section 229(3), for "Roads Corporation shall be paid into the general fund of that Corporation" substitute "Secretary shall be paid into the Roads Fund or another account or fund determined by the Treasurer or the Minister administering Part 7 of the Financial Management Act 1994".

45.54In section 230—

(a)in subsection (1)—

(i)for "Roads Corporation" substitute "Head, Transport for Victoria";

(ii)for "that Corporation" substitute "the Head, Transport for Victoria";

(b)in subsection (2)—

(i)for "under the hand of the Chief Executive of the Roads Corporation," substitute "issued by the Head, Transport for Victoria or signed by the chief executive of";

(ii)for "Roads Corporation" (where secondly occurring) substitute "Head, Transport for Victoria";

(c)in subsection (3)—

(i)for "officer of the Roads Corporation" substitute "employee in the Department";

(ii)for "authorized" substitute "authorised";

(iii)for "Chief Executive of that Corporation" substitute "Head, Transport for Victoria or the Secretary";

(d)in subsection (3A), for "under the hand of" substitute "issued by";

(e)in subsection (4)—

(i)for "under the hand of" substitute "signed by";

(ii)omit ", the Head, Transport for Victoria, the Chief Executive Officer of the Public Transport Development Authority or the Chief Executive of the Roads Corporation" (where twice occurring);

(iii)for "officer of the Department" substitute "officer in the Department";

(iv)omit "or a director or member of staff of that Authority or of that Corporation";

(f)after subsection (4) insert—

"(4A)A notice, statement, certificate or other document purporting to be issued by the Head, Transport for Victoria is admissible in evidence in any proceeding and, in the absence of evidence to the contrary, is proof of the matters set out in the notice, statement, certificate or document.";

(g)in subsection (5)—

(i)for "Roads Corporation" substitute "Head, Transport for Victoria";

(ii)for "under the hand of the Chief Executive of that Corporation or" substitute "by the Head, Transport for Victoria or the chief executive of";

(h)subsection (7) is repealed.

45.55In section 230AD, for "Public Transport Development Authority or the Chief Executive Officer of the Public Transport Development Authority" substitute "Head, Transport for Victoria".

45.56In section 230AF(7)(c), for "Public Transport Development Authority or the Chief Executive Officer of the Public Transport Development Authority" substitute "Head, Transport for Victoria".

45.57In the heading to section 249, for "Roads Corporation" substitute "Head, Transport for Victoria".

45.58In section 249(1), for "Roads Corporation" (where twice occurring) substitute "Head, Transport for Victoria".

45.59In section 252(1), for "Roads Corporation" (where twice occurring) substitute "Head, Transport for Victoria".

45.60In section 256(1)(a), for "Roads Corporation" (where twice occurring) substitute "Head, Transport for Victoria".

46Workplace Injury Rehabilitation and Compensation Act 2013

46.1In the heading to section 557, for "VicRoads" substitute "The Secretary to the Department of Transport".

46.2In section 557(1)—

(a)for "Roads Corporation" substitute "Secretary to the Department of Transport";

(b)for "the Corporation" substitute "the Secretary to the Department of Transport"

46.3In item 3 of Schedule 8 omit ", Planning and Local Infrastructure".

47Yarra River Protection (Wilip-gin Birrarung murron) Act 2017

47.1In section 3(1)—

(a)insert the following definition—

"Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;";

(b)in the definition of responsible public entity, for paragraph (f) substitute—

"(f)the Head, Transport for Victoria; or".

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 30 October 2019

Legislative Council: 14 November 2019

The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Integration Act 2010, the Road Safety Act 1986, the Accident Towing Services Act 2007, the Heavy Vehicle National Law Application Act 2013, the Road Management Act 2004, the Transport (Compliance and Miscellaneous) Act 1983 and the Commercial Passenger Vehicle Industry Act 2017, to make consequential amendments to other Acts and for other purposes."