Untitled document

Road Management Amendment (Bus Stop Delivery Powers) Act 2016

No. 45 of 2016

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Definitions for Division 4B of Part 4

5Application of Division 4B of Part 4

6Powers of Secretary

7Offence in relation to removal, demolition or relocation

8Resolution of disputes

9Guidelines

10Information to be provided by a municipal council

11Further transitional and savings provisions

12New clause 3 inserted into Schedule 10

13Repeal of amending Act

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Endnotes

1      General information

Road Management Amendment (Bus Stop Delivery Powers) Act 2016

No. 45 of 2016

[Assented to 23 August 2016]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Road Management Act 2004—

(a)to enable the Public Transport Development Authority to exercise certain powers and perform certain functions and duties in relation to bus stop infrastructure and bus stopping points; and

(b)to validate the purported exercise of such powers and purported performance of such functions and duties.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Principal Act

In this Act, the Road Management Act 2004 is called the Principal Act.

4Definitions for Division 4B of Part 4

In section 48H of the Principal Act, for the definition of Secretary substitute—

"relevant authority means—

(a)the Public Transport Development Authority; or

(b)the Secretary to the Department of Economic Development, Jobs, Transport and Resources;".

5Application of Division 4B of Part 4

In section 48I(2) of the Principal Act, for "Secretary" (where twice occurring) substitute "relevant authority".

6Powers of Secretary

(1)In the heading to section 48J of the Principal Act, for "Secretary" substitute "relevant authority".

(2)In section 48J(1), (2) and (3) of the Principal Act, for "Secretary" substitute "relevant authority".

(3)In section 48J(4) and (5) of the Principal Act, for "Secretary" (where twice occurring) substitute "relevant authority".

7Offence in relation to removal, demolition or relocation

In section 48K(1) of the Principal Act, for "Secretary" substitute "relevant authority".

8Resolution of disputes

In section 48L of the Principal Act, for "Secretary" substitute "relevant authority".

9Guidelines

(1)In section 48M(1) of the Principal Act, for "Secretary" substitute "relevant authority".

(2)In section 48M(3) of the Principal Act, for "Secretary" (where twice occurring) substitute "relevant authority".

10Information to be provided by a municipal council

In section 48N of the Principal Act, for "Secretary" substitute "relevant authority".

11Further transitional and savings provisions

In the heading to Schedule 10 to the Principal Act, after "provisions" insert "and other provisions".

12New clause 3 inserted into Schedule 10

After clause 2 of Schedule 10 to the Principal Act insert—

"3   Road Management Amendment (Bus Stop Delivery Powers) Act 2016

(1)If during the period commencing 2 April 2012 and ending 14 September 2015 the Public Transport Development Authority or a person on behalf of that Authority purported to perform a function or duty or exercise a power of the Secretary under Division 4B of Part 4 by installing bus stop infrastructure or designating a bus stopping point, the Public Transport Development Authority is taken to have had the same functions, duties and powers as the Secretary had to do so under that Division.

(2)If during the period commencing 2 April 2012 and ending 30 September 2015 the Public Transport Development Authority or a person on behalf of that Authority purported to perform a function or duty or exercise a power of the Secretary under Division 4B of Part 4 by removing, relocating or modifying bus stop infrastructure or removing or relocating a bus stopping point, the Public Transport Development Authority is taken to have had the same functions, duties and powers as the Secretary had to do so under that Division.".

13Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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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: 13 April 2016

Legislative Council: 9 June 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Road Management Act 2004 and for other purposes."