Transport (Rights and Responsibilities) Act 2003 (Vic)

Transport (Rights and Responsibilities) Act 2003

ts	Act No. 101/2003
n
e
m	TABLE OF PROVISIONS

u	Section	Page
c
o	PART 1—PRELIMINARY MATTERS	1
D

1. Purpose 1

ry 2. Commencement 2

ta	PART 2—AMENDMENTS CONCERNING RAIL INCIDENT
n	INQUIRIES AND TAXI-CABS 3

e	3.	Insertion of section 129UA	3
m	129UA. Secretary may conduct inquiry	3
ia	129UB. Public release of report	4
rl	4.	Insertion of section 143D	5

143D. Condition forbidding transfer of taxi-cab licence 5

a	5.	Consequential amendments in relation to section 4	5
P	6.	Insertion of section 150A	6
d	150A.	Unauthorised person must not trade in taxi-cab licences	6
n	7.	Additional regulation-making powers	7
a

PART 3—AMENDMENTS TO PART VII OF THE TRANSPORT

n	ACT 1983	9
o
ti	Division 1—Preliminary Matter	9

la 8. Provisions amended by this Part 9

is Division 2—Enforcement 9

g	9.	Transfer of definitions	9
e	10.	Insertion of section 213A	9
L	213A.	Administrative costs in respect of ticket infringements	9

11. Regulation-making power in relation to administrative costs 10

n

12.	Graduated penalties for transport and ticket infringements	11
13.	Insertion of section 221AA	11
221AA. Power to inspect ticket after completion of journey	11

a
ri

to	14.	Consequential amendments	12
ic
V

i

Section	Page
Division 3—Authorised Officers	13

15.	Amendments concerning authorised officers	13
16.	Insertion of section 212A	14

ts	212A.	Offence to falsely represent oneself as an officer of the
n	Roads Corporation 14

e	17.	Further amendments concerning authorised officers	14
18.	Substitution of section 221A	16
m	221A.	Authorisation of Departmental authorised officers	16

u 221AB. Authorisation of other authorised officers 16

c	19.	Amendments concerning the authorisation of authorised officers	16
o	20.	Insertion of section 221CA	17
D	221CA. Time limits on section 221AB authorisations	17
21.	Further amendments concerning the authorisation of authorised
ry	officers	17
ta	22.	Amendments concerning accreditation in relation to authorised
officers	21
n

e	PART 4—AMENDMENT TO PART VIII OF THE TRANSPORT
m	ACT 1983 22

ia	23.	Insertion of Division 4 into Part VIII	22
rl	Division 4—Savings and Transitional Provisions—
a	Transport (Amendment) Act 2003	22
P	264.	Commencement date	22
d	265.	Continuation of Departmental authorisations	22
n	266.	Continuation of Roads Corporation authorisations	22
a	267.	Continuation of passenger transport and bus company
employee authorisations	23
n
o

ti PART 5—AMENDMENTS TO THE ROAD SAFETY ACT 1986 24

la	24.	Power to prosecute	24
25.	Service of parking infringement notices	25

is	═══════════════
g

e	ENDNOTES	26
L
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ii

ts
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c
o	Victoria
D
ry
ta
n	No. 101 of 2003
e
m
ia
rl	Transport (Rights and Responsibilities)
a	Act 2003†
P

[Assented to 2 December 2003]

d
n
a
n
o

ti	The Parliament of Victoria enacts as follows:
la
is
g	PART 1—PRELIMINARY MATTERS
e
L	1. Purpose
n	The purpose of this Act is—
a
ri	(a) to amend the Transport Act 1983—

to	(i)	to enable the Secretary to the
ic	Department of Infrastructure to conduct
V	inquiries in relation to rail

Transport (Rights and Responsibilities) Act 2003

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Part 1—Preliminary Matters

s. 2

infrastructure and rolling stock for

purposes relating to public safety; and

ts	(ii)	to further regulate the transfer and
n	assignment of taxi-cab licences; and

e	(iii) to enable the payment of administrative
m	costs to passenger transport and bus
u	companies in relation to certain ticket
c	infringements; and
o
D	(iv) to enable the imposition of graduated penalties for transport and ticket
ry	infringements; and
ta	(v) to enable authorised officers to inspect
n	tickets and evidence of ticket
e	concession entitlements after a public
m	transport journey has been completed;
ia
rl	and
a	(vi) to streamline provisions dealing with
P	authorised officers; and
d	(b) to amend the Road Safety Act 1986 to
n	enable authorised officers under the
a	Transport Act 1983 to take action in
n	relation to certain parking offences.
o
ti	2. Commencement
la	(1) This Act (other than section 6) comes into
is	operation on the day after the day on which it
g	receives the Royal Assent.
e	(2) Subject to sub-section (3), section 6 comes into
L	operation on a day to be proclaimed.
n
a	(3) If section 6 does not come into operation before
ri	30 December 2004, it comes into operation on that
to	day.
ic	__________________
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Transport (Rights and Responsibilities) Act 2003

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Part 2—Amendments Concerning Rail Incident Inquiries and Taxi-cabs

s. 3

PART 2—AMENDMENTS CONCERNING RAIL INCIDENT

INQUIRIES AND TAXI-CABS

ts

n 3. Insertion of section 129UA

e	After section 129U of the Transport Act 1983	See: Act No.
m	insert—	9921/1983.
u	Reprint No. 9
c	"129UA. Secretary may conduct inquiry	as at
o	15 July 2003.

(1) The Secretary may inquire into any accident or incident involving, or any method or LawToday:

D
dpc. vic.

ry	proposed method of doing anything in	gov.au
ta	relation to, any rail infrastructure or rolling
stock for the purpose of determining—
n
e	(a)	whether a risk to public safety exists;
m	and

ia	(b) if a risk exists, the nature and extent of
rl	the risk and how the risk should be
a	eliminated, minimised or managed; and
P

(c) in the case of an accident or incident,

d

n	what factors caused, contributed to or
a	were involved in, the accident or incident.
n
o	(2) In conducting an inquiry, the Secretary has
ti	the powers conferred by sections 14, 15, 16,
la	20, 20A and 21A of the Evidence Act 1958
is	on a board appointed by the Governor in
g	Council and those sections apply as if the
e	Secretary was the sole member of the board.
L	(3) In conducting an inquiry, the Secretary—
n
a	(a) must act fairly and according to equity
ri	and good conscience without regard to
to	technicalities or legal forms; and
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s. 3

(b) is not required to conduct the inquiry in a formal manner; and

ts	(c)	is not bound by rules or practice as to
n	evidence but may inform himself or
e	herself in relation to any matter in any
m	manner that he or she thinks fit.

u	(4) Subject to this Act and the regulations, the
c	procedure of the Secretary on, or in
o	connection with, an inquiry under this
D	section is in his or her discretion.
ry	129UB. Public release of report
ta	(1) At the completion of an inquiry under
n	section 129UA, the Secretary may make
e	public the report of the inquiry, or any part
m	of the report.
ia
rl	(2) During the course of an inquiry under
a	section 129UA, the Secretary may make
P	public any findings, interim findings or recommendations arising out of the inquiry.
d
n	(3) However, the Secretary may only make a
a	report, part of a report, finding or
n	recommendation public if—
o

ti	(a)	in the opinion of the Secretary, it is in
la	the public interest to do so; and
is	(b)	the making public of the report, part,
g	finding or recommendation will not be
e	likely to prejudice the rights of any
L	person in any criminal proceedings that
n	may be instituted in connection with the
a	matter that was investigated.".
ri
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s. 4

4. Insertion of section 143D

After section 143C of the Transport Act 1983

ts	insert—
n	"143D. Condition forbidding transfer of taxi-cab
e	licence
m	(1) In issuing a taxi-cab licence, the licensing
u
c	authority may attach one or more of the
o	following conditions to the licence—
D	(a) that the licence cannot be transferred,
ry	or cannot be transferred for a specified
ta	period;
n	(b) that the licence cannot be assigned, or
e	cannot be assigned for a specified
m	period.
ia	(2) The licensing authority may not attach such a
rl	condition in respect of a taxi-cab licence
a	granted under section 143A unless the
P	relevant Order under that section stated that
d	the licence would be subject to that
n	condition.
a

(3) Despite section 146, the licensing authority

n	cannot remove or alter a condition attached
o
ti	to a licence under sub-section (1).".
la	5. Consequential amendments in relation to section 4
is	(1) For section 149(1) of the Transport Act 1983
g	substitute—
e
L	"(1) Subject to this section, the holder of a
n	commercial passenger vehicle licence may
a	apply to the licensing authority for authority
ri	to transfer the licence to a specified person.
to
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s. 6

(1AA) Sub-section (1) does not apply to the holder

of—

ts	(a) a restricted hire vehicle licence; or
n	(b) a licence granted temporarily for a
e	particular purpose of limited duration;
m	or
u
c	(c) a taxi-cab licence that has attached to it
o	a current condition imposed under
D	section 143D that states that the licence
ry	cannot be transferred.".
ta	(2) After section 150(1) of the Transport Act 1983

insert—

n

e	"(1A) Sub-section (1) does not apply to the holder
m	of a taxi-cab licence that has attached to it a
ia	current condition imposed under
rl	section 143D that states that the licence
a	cannot be assigned.".
P	6. Insertion of section 150A
d	After section 150 of the Transport Act 1983
n
a	insert—
n	"150A. Unauthorised person must not trade in
o
ti

taxi-cab licences

(1) A person must not trade in taxi-cab licences

la	unless he, she or it is authorised to do so
is	under regulations made under section
g	162(1)(ma).
e
L	Penalty: 500 penalty units.
n	(2) For the purposes of this section, a person
a
ri	trades in taxi-cab licences if he, she or it—
to	(a) negotiates on behalf of another person

for the transfer of a taxi-cab licence to

ic	that other person or for the assignment
V	of the right to operate a vehicle under a taxi-cab licence to that other person;

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(b) negotiates on behalf of another person for the transfer of a taxi-cab licence held by that other person or for the

ts	transfer of an assignment of a right to
n	operate a vehicle under a taxi-cab
e	licence held by that other person;
m
u	(c) advertises that he, she or it is able or
c	willing to do anything set out in
o	paragraph (a) or (b);
D	(d) in any way holds himself, herself or
ry	itself out to another person as being
ta	able or willing to do anything set out in
paragraph (a) or (b).".
n
e	7. Additional regulation-making powers
m	After section 162(1)(m) of the Transport Act
ia
rl	1983 insert—
a	"(ma) regulating trading in taxi-cab licences
P	(within the meaning of section 150A), including—
d
n	(i) requiring that a person trading in taxi-
a	cab licences be accredited to do so;
n	(ii) providing for a system of accreditation
o
ti	to support such a requirement,
la	including—
is	(A) imposing minimum requirements
g	concerning integrity, competence
e	and financial capacity;
L	(B) the conditions to be observed by
n	an accredited person in trading in
a
ri	taxi-cab licences (including
conditions concerning the
to	amounts that may be charged for
ic	carrying out that trading);
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s. 7

(iii)  exempting a person, or a class of person, from compliance with section

ts	150A in specified circumstances;
n	(iv) requiring that specified information, or
e	information of a specified type, be
m	provided to a person to whom a taxi-
u	cab licence is to be transferred or to
c	whom a right to operate a vehicle under
o	a taxi-cab licence is to be assigned;
D	(v) requiring the transfer of taxi-cab
ry	licences and the assignment of rights to
ta	operate vehicles under taxi-cab licences to be transacted through a securities
n
e	exchange or through any other system specified by the Secretary;".
m
ia	__________________
rl
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Transport (Rights and Responsibilities) Act 2003

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Part 3—Amendments to Part VII of the Transport Act 1983

s. 8

PART 3—AMENDMENTS TO PART VII OF THE

TRANSPORT ACT 1983

ts

n	Division 1—Preliminary Matter
e
m	8. Provisions amended by this Part
u
c	This Part amends Part VII (Prosecutions,
o	Enforcement and Penalties) of the Transport Act
D	1983.
ry	Division 2—Enforcement
ta	9. Transfer of definitions
n
e	(1) In section 208 insert the following definitions—
m
ia	' "carriage" means any passenger vehicle
rl	operated by or on behalf of a passenger
transport or bus company;
a
P	"ticket", in relation to a journey or to land or a
d	premises that is owned, occupied or
n	controlled by a passenger transport or bus
a	company, means a ticket, pass, symbol or
n	other thing issued to a person entitling the
o	person to make that journey or to be on that
ti	land or those premises;'.
la	10. Insertion of section 213A
is	After section 213 insert—
g
e	'213A. Administrative costs in respect of ticket
L	infringements
n	(1) In this section, "relevant ticket
a
ri	infringement" means a ticket infringement
to	committed—
ic	(a) on, or in relation to, a carriage; or
V	(b) in relation to a journey on, or in, a

carriage; or

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s. 11

(c) on, or in relation to, land or a premises owned, occupied or controlled by a

ts	passenger transport or bus company.
n	(2) This section applies if the regulations state
e	that administrative costs may be paid to
m	passenger transport and bus companies in
u	respect of relevant ticket infringements.
c	(3) The Director, on behalf of the Crown, may
o	agree with a passenger transport or bus
D	company to pay the company, and may pay
ry	the company in accordance with the
ta	agreement, the administrative costs permitted
to be paid to the company by the regulations.
n
e	(4) The Consolidated Fund is appropriated to the
m	extent necessary to allow payments to be
ia	made under sub-section (3).
rl	(5) If an infringement notice is withdrawn after
a	the penalty has been paid, the company must,
P	within 5 business days after being asked to
d	do so by the Director, refund to the Director
n	any administrative costs paid to it under sub-
a	section (3) in respect of the infringement
n	notice.
o
ti	(6) The Director may only pay administrative
la	costs to a company under this section in
respect of ticket infringements committed on
is	or after the day the agreement with the
g
e	company under this section is made.'.

L	11.	Regulation-making power in relation to
n	administrative costs
a

ri	After section 215(1)(g) insert—
to	"(ga) permitting the Director, on behalf of the
ic	Crown, to pay administrative costs to
passenger transport and bus companies in
V	respect of relevant ticket infringements (as defined in section 213A(1)); and

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s. 12

(gb) specifying the amount of those costs, or how those costs are to be calculated; and".

ts	12.	Graduated penalties for transport and ticket
n	infringements

e	After section 215(1) insert—
m	"(2) Despite anything to the contrary in section
u
c	213(1), regulations prescribing an amount as
o	the penalty for a transport or ticket
D	infringement may—

ry	(a)	prescribe a different amount of penalty
ta	according to the number of transport or
ticket infringements (or both)
n	committed by the same offender within
e	a specified period; and
m

ia	(b) specify the circumstances in which the
rl	different amounts of penalty apply.".
a	13. Insertion of section 221AA
P

After section 221 insert—

d

n	"221AA. Power to inspect ticket after completion of
a	journey
n	(1) A member of the police force or an
o
ti	authorised officer may ask a person who has
just left a carriage, or land or a premises for
la	entry to which a ticket is required—
is	(a) to produce for inspection the ticket that
g
e	the person used for the journey, or to be
L	on the land or premises; and
n	(b) if the person claims, or appears to have
a
ri	taken, the benefit of an exemption or
concessional deduction from the
to	payment of a toll, fare or charge in
ic	respect of the journey or presence on
V	the land or premises, to produce for inspection evidence of the person's

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s. 14

entitlement to the exemption or

concession.

ts	(2) A person must comply with a request made
n	under sub-section (1).
e	Penalty: 5 penalty units.
m	(3) If a person makes a journey in a carriage, or
u
c	is on land or a premises for entry to which a
o	ticket is required, without having in his or
D	her possession a ticket that is valid for that entry or journey, a failure by the person to
ry	comply with sub-section (2) is deemed to be
ta	the same act or omission as the making of
n	the journey, or the entering of the land or
e	premises, without having the required ticket.
m	(4) If a person makes a journey in a carriage, or
ia	is on land or a premises for entry to which a
rl	ticket is required, and claims or takes the
a	benefit of an exemption or concessional
P	deduction from the payment of a toll, fare or
d	charge in respect of the journey or entry, a
n	failure by the person to produce for
a	inspection in accordance with sub-section (2)
n	evidence of his or her entitlement to the
o
ti	exemption or concession is deemed to be the
same act or omission as any act or omission
la	of the person that constitutes an offence
is	under section 221(5) in relation to the
g	journey or entry.".
e	14. Consequential amendments
L
n	In section 208, in the definition of "ticket
a
ri	offence", after paragraph (b) insert—
to	"or
ic	(c) an offence against section 221AA;".
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s. 15

Division 3—Authorised Officers

15. Amendments concerning authorised officers

ts	(1) In section 208 insert the following definition—
n
e	' "authorised officer" means a person authorised
m	by the Secretary under section 221A or
u	221AB;'.
c
o	(2) Section 211 is repealed.
D	(3) Insert the following heading to section 212—
ry	"Transport and ticket infringements".
ta	(4) In section 212(1), for "authorised officer in
n	relation to a transport infringement" substitute
e	"officer who is authorised to issue transport
m	infringement notices".
ia
rl	(5) For section 212(1A) substitute—
a	"(1A) A person is an officer who is authorised to
P	issue transport infringement notices if he or
d	she is either—
n	(a) an officer of the Roads Corporation
a	appointed in writing by that
n	Corporation to issue transport
o
ti	infringement notices; or
la	(b) an authorised officer authorised by the
is	Secretary under section 221A.
g	(1B) A member of the police force or an
e	authorised officer who has reason to believe
L	that a person has committed a ticket
n	infringement may, in accordance with the
a	regulations, serve on that person a ticket
ri	infringement notice.".
to
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s. 16

16. Insertion of section 212A

After section 212 insert—

ts	"212A. Offence to falsely represent oneself as an
n	officer of the Roads Corporation
e
A person must not falsely represent himself
m
u	or herself to be an officer of the Roads
c	Corporation appointed by that Corporation to
o	issue transport infringement notices.
D	Penalty: 10 penalty units.".
ry	17. Further amendments concerning authorised officers
ta	(1) In sections 213(1) and 213(2), for "authorised"
n	substitute "the".
e

(2) In the heading to Division 3 of Part VII, after

m

"Provisions" insert "—Vehicle Inspections".

ia
rl

(3) In section 216(6), for "an authorised officer or

a	member of the police force" substitute "the
P	person carrying out the inspection".
d	(4) Before section 218B insert—
n
a	"Division 3A—Other Enforcement
n	Provisions".
o
ti	(5) Sections 218B(1) to 218B(1G) and 219(1A) are
la	repealed.
is	(6) In section 218B(2A), for "employed or engaged
g	by a passenger transport company or bus
e	company" substitute "authorised under section
L	221AB".
n
a	(7) In section 219—
ri	(a) in sub-section (1), for "a relevant employee
to	of the Department" substitute "an authorised
ic	officer";
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s. 17

(b) in sub-sections (2) and (3), for ", officer, agent or relevant employee" (wherever

ts	occurring) substitute "or officer";
n	(c) in sub-sections (5) and (6), for "officer
e	authorised under sub-section (7)" (wherever
m	occurring) substitute "authorised officer".
u	(8) Section 219AA is repealed.
c
o	(9) In section 220—
D	(a) sub-sections (1) and (6) are repealed;
ry	(b) in sub-sections (1A) and (1C), for ", a
ta	relevant employee of the Department or an
n	authorised person" substitute "or an
e	authorised officer";
m	(c) for sub-sections (1B)(a) and (1B)(b)
ia	substitute—
rl	"(a) that the member of the police force or
a
P	authorised officer believes on reasonable grounds that the person is
d	committing an offence against this Act
n
a	or the regulations; and";
n	(d) in sub-section (1B)(c)(ii), for "relevant
o	employee of the Department" substitute
ti	"authorised officer";
la	(e) in sub-section (2), for "a relevant employee
is	of the Department or an authorised person"
g	substitute "an authorised officer".
e
L	(10) In section 221—
n	(a) sub-section (1) is repealed;
a
ri	(b) in sub-sections (2) and (5), after "he"
to	(wherever occurring) insert "or she";
ic	(c) in sub-section (3), after "his" insert "or her";
V	(d) in sub-sections (4) and (4A), for "authorized person" substitute "authorised officer";

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s. 18

(e) in sub-section (6)—

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

ts	(ii) after "police force" insert ", an
n	authorised officer";
e

(iii) omit "or authorised in writing by the

m

u	Secretary for the purposes of this
c	section";
o	(f) in sub-section (7), for "a person authorised in
D	writing by the Secretary for the purposes of
ry	this section" (wherever occurring) substitute
ta	"an authorised officer".
n	18. Substitution of section 221A
e	For section 221A substitute—
m
ia	"221A. Authorisation of Departmental authorised
rl	officers
a	The Secretary may authorise a person who is
P	employed or engaged by the Department to
d	act as an authorised officer for the purposes
n	of this Part.
a	221AB. Authorisation of other authorised officers
n
o	The Secretary may authorise a person who is
ti	employed or engaged by a passenger
la	transport or bus company to act as an
is	authorised officer for the purposes of this
g	Part.".
e	19. Amendments concerning the authorisation of
L	authorised officers
n	(1) For section 221B(1) substitute—
a
ri	"(1) A person may apply to the Secretary for
to	authorisation under section 221AB to act as
ic	an authorised officer.".
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s. 20

(2) Insert the following heading to section 221C—

"Qualification requirements".

ts	(3) Section 221C(1) is repealed.
n
e	(4) In section 221C—
m	(a) in sub-section (2), for the phrase starting "(2)
u	The Secretary" and ending "the person—"
c	substitute—
o
D	"The Secretary may only give a person an authorisation to act as an authorised
ry	officer if the Secretary is satisfied that
ta	the person—".
n	(b) in sub-sections (2)(a) and (2)(c), for "the
e	relevant provision" substitute "this Part";
m
ia	(c) in sub-section (2)(d), omit "for the purposes
rl	of the relevant provision".
a	20. Insertion of section 221CA
P	After section 221C insert—
d
n	"221CA. Time limits on section 221AB
a	authorisations
n	(1) In giving a person an authorisation under
o
ti	section 221AB, the Secretary must specify
the period for which the authorisation
la	remains valid.
is	(2) The Secretary must not specify a period that
g
e	is greater than the maximum (if any)
L	specified by the regulations for the purposes of this section.".
n
a	21. Further amendments concerning the authorisation
ri	of authorised officers
to	(1) In section 221D—
ic	(a) in sub-section (1) omit "under a relevant
V	provision";

Transport (Rights and Responsibilities) Act 2003

Act No. 101/2003

Part 3—Amendments to Part VII of the Transport Act 1983

s. 21

(b) in sub-section (2) omit "under the relevant provision".

ts	(2) In section 221E(2) omit "under the relevant
n	provision".
e	(3) In section 221F, for "a relevant provision"
m	substitute "this Part".
u
c	(4) For section 221G(1) substitute—
o	"(1) A person authorised under section 221AB
D	may apply to the Secretary for the renewal of
ry	his or her authorisation.".
ta	(5) In section 221H—
n	(a) in sub-section (1) omit "under a relevant
e	provision";
m
ia	(b) in sub-section (3), for "person" substitute
rl	"officer";
a	(c) in sub-section (5), for "authorised person"
P	substitute "person who applied for the
d	renewal".
n	(6) For section 221I(1) substitute—
a

"(1) The Secretary must issue an identity card to

n

o	any person authorised to act as an authorised
ti	officer.
la	(1A) Despite sub-section (1), the Secretary must
is	not issue an identity card to a person
g	authorised under section 221AB unless the
e	person has paid the fee (if any) specified by
L	the regulations for the purposes of this
n	section.
a
ri	(1B) A person must not act or purport to act as an
to	authorised officer unless he or she has been
issued with an identity card under this
ic	section.
V	Penalty: 10 penalty units.".

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Act No. 101/2003

Part 3—Amendments to Part VII of the Transport Act 1983

s. 21

(7) In section 221I—

(a) in sub-sections (2)(a) and (2)(b), for "person"

ts	substitute "officer";
n	(b) in sub-section (3), for "sub-section (1)"
e	substitute "this section";
m	(c) in sub-section (4)—
u
c	(i) for "Any" substitute "Subject to sub-
o	section (1B), any";
D

(ii) for "person" substitute "officer".

ry	(8) After section 221I(4) insert—
ta	"(5) Sub-sections (3) and (4) apply regardless of
n
e	whether or not the person is exercising a
m	power under this Act or under any other
ia
rl
Act.".

(9) Insert the following heading to section 221J—

a	"Inquiry into conduct of authorised officer".
P

(10) In section 221J—

d

n	(a) in sub-section (1), for "a relevant provision"
a	substitute "section 221AB";
n	(b) in sub-section (2), for "under the relevant
o
ti	provision during" substitute "during";
la	(c) in sub-section (2)(b), for "under the relevant
is	provision" substitute "as an authorised
g	officer";
e	(d) in sub-section (3) omit "authorised under the
L	relevant provision".
n
a	(11) In section 221K omit "under a relevant
ri	provision".
to	(12) In section 221L—
ic	(a) for "on the authorised person" substitute "on
V	a person authorised under section 221AB";

Transport (Rights and Responsibilities) Act 2003

Act No. 101/2003

Part 3—Amendments to Part VII of the Transport Act 1983

s. 21

(b) omit "under a relevant provision";

(c) in paragraphs (a), (c) and (d) omit

ts	"authorised";
n	(d) in paragraph (b)—
e

(i) for "the authorised" substitute "the";

m

u	(ii) for "person;" substitute "officer;".
c
o	(13) In section 221M—
D	(a) in sub-section (1) omit "under a relevant
ry	provision" (wherever occurring);

ta	(b)	in sub-section (2) omit "authorised"
n	(wherever occurring).

e	(14) In section 221N—
m	(a) for "a relevant provision" substitute
ia
rl	"section 221AB";
a	(b) in paragraphs (a) and (b)—
P	(i) for "person" substitute "officer";
d	(ii) omit "for the purposes of the relevant
n
a	provision".
n	(15) In section 221O(1), for "a relevant provision"
o
ti	substitute "section 221AB".
la	(16) In section 221P, for "to a person under section

221I(1)" substitute "under section 221I to a

is	person authorised under section 221AB".
g
e	(17) In section 221Q, for "an authorised person"
L	substitute "a person authorised under section
n	221AB".
a
ri	(18) Insert the following heading to section 221R—
to	"Offence to falsely represent oneself as an
ic	authorised officer".
V	(19) In section 221R, for "person under a relevant

provision" substitute "officer".

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Act No. 101/2003

Part 3—Amendments to Part VII of the Transport Act 1983

s. 22

(20) For section 221T(1)(a) substitute—

"(a) any action taken, or not taken, by a person

ts	who is an authorised officer in the person's
n	capacity as an authorised officer; and".
e	(21) In sections 225(a) and 225A omit "(within the
m	meaning of section 211 or 218B)".
u
c	(22) In section 225, after "his" (wherever occurring)
o	insert "or her".
D	22. Amendments concerning accreditation in relation to
ry	authorised officers
ta	(1) For section 228A(1) substitute—
n	"(1) A passenger transport company or bus
e	company may apply to the Secretary for
m	accreditation to employ or engage people
ia	authorised under section 221AB to act as
rl	authorised officers.".
a	(2) In sections 228B(a) and 228N(2)(a), for "persons"
P

substitute "officers".

d

n	(3) In section 228G(a), for "person" substitute
a	"officer".
n	__________________
o
ti
la
is
g
e
L
n
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ri
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Transport (Rights and Responsibilities) Act 2003

Act No. 101/2003

Part 4—Amendment to Part VIII of the Transport Act 1983

s. 23

PART 4—AMENDMENT TO PART VIII OF THE

TRANSPORT ACT 1983

ts

n	23. Insertion of Division 4 into Part VIII
e	After Division 3 of Part VIII of the Transport
m	Act 1983 insert—
u
c	'Division 4—Savings and Transitional
o	Provisions—Transport (Rights and
D	Responsibilities) Act 2003
ry
ta	264. Commencement date
n	In this Division, "commencement date"
e	means the date of commencement of
m	Division 3 of Part 3 of the Transport
ia
rl
(Rights and Responsibilities) Act 2003.

265. Continuation of Departmental

a	authorisations
P
A person who, immediately before the
d	commencement date, held an appointment by
n
a	the Secretary as an authorised officer under—
n
o	(a) paragraph (a) of the definition of
ti	"authorised officer" in section 211; or
la	(b) paragraph (b) of that definition by
is	virtue of being a person described in
g	paragraph (b)(ii) of that definition—
e
L	is deemed to have been appointed as an
n	authorised officer by the Secretary under
a
ri
section 221A.

266. Continuation of Roads Corporation

to	authorisations
ic	A person who, immediately before the
V	commencement date, held an appointment by the Roads Corporation under section 211 as

Transport (Rights and Responsibilities) Act 2003

Act No. 101/2003

Part 4—Amendment to Part VIII of the Transport Act 1983

s. 23

an authorised officer is deemed to be an
officer of the Roads Corporation appointed

in writing by that Corporation under

ts	section 212(1A) to issue transport
n	infringement notices.
e

267. Continuation of passenger transport and

m

u	bus company employee authorisations
c	(1) This section applies to a person who,
o	immediately before the commencement
D	date—
ry	(a) was employed or engaged by a
ta	passenger transport or bus company;
n	and
e	(b) was—
m
ia	(i) an authorised officer under
rl	section 211 or 218B appointed by
a	the Secretary; or

P	(ii)	an authorised person under
d	section 219AA or 220; or

n	(iii) an authorized person under
a

section 221.

n

o	(2) The person is deemed to have been
ti	authorised by the Secretary under
la	section 221AB to act as an authorised
is	officer.
g	(3) The expiry date and any conditions applying
e	to the person's authorisation immediately
L	before the commencement date continue to
n	apply to the authorisation.'.
a
ri	__________________
to
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Transport (Rights and Responsibilities) Act 2003

Act No. 101/2003

Part 5—Amendments to the Road Safety Act 1986

s. 24

PART 5—AMENDMENTS TO THE ROAD SAFETY ACT 1986

ts	24. Power to prosecute
n	(1) After section 77(2) of the Road Safety Act 1986
e	insert—
m
u	'(2A) A person who—
c	(a) is employed or engaged by a passenger
o	transport company (within the meaning
D	of the Transport Act 1983); and
ry	(b) is authorised in writing to do so either
ta	generally or in any particular case by
n	the Secretary to the Department of
e	Infrastructure—
m
ia	may prosecute any parking infringement in
rl	respect of any vehicle that is on or in any rail
car park that is controlled by the passenger
a	transport company by which the person is
P	employed or engaged.
d	(2B) For the purposes of sub-section (2A), "rail
n
a	car park" means any land or premises that
n	is provided for the parking of vehicles
o	(including vehicles other than cars) by
ti	people using the passenger transport services
la	of the passenger transport company.'.
is	(2) After section 77(5) of the Road Safety Act 1986
g	insert—
e	"(5A) Despite sub-section (5), any money that is recovered by way of fine by a prosecutor
L
n
a	authorised under sub-section (2A) must be
ri	paid into the Consolidated Fund.".
to
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Transport (Rights and Responsibilities) Act 2003

Act No. 101/2003

Part 5—Amendments to the Road Safety Act 1986

s. 25

25. Service of parking infringement notices

After section 87(1AC) of the Road Safety Act

ts	1986 insert—
n	"(1AD) If a person authorised under section 77(2A)
e	has reason to believe that a parking
m	infringement has been committed in respect
u	of any vehicle that is on or in any rail car
c	park (within the meaning of section 77(2B))
o	that is controlled by the passenger transport
D	company (within the meaning of the
ry	Transport Act 1983) by which the person is
ta	employed or engaged, he or she may serve or cause to be served a parking infringement
n
e	notice as provided in the regulations.".
m	═══════════════
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a
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Transport (Rights and Responsibilities) Act 2003

Act No. 101/2003

Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 8 October 2003
e
Legislative Council: 19 November 2003
m
u	The long title for the Bill for this Act was "to amend the Transport Act
c	1983 and the Road Safety Act 1986 and for other purposes."
o
D
ry
ta
n
e
m
ia
rl
a
P
d
n
a
n
o
ti
la
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n
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