Untitled document

Transport (Compliance and Miscellaneous) Amendment (On-the-Spot Penalty Fares) Act 2013

No. 80 of 2013

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3Principal Act

4Definitions

5New definitions inserted

6Transport and ticket infringements

7New section 212AA inserted

212AAOn-the-spot penalty fares

8New sections 220DB to 220DE inserted

220DBConditions relating to on-the-spot penalty tickets

220DCDirections relating to on-the-spot penalty fares

220DDAllocation of on-the-spot penalty fares

220DERecord keeping for the issuing of on-the-spot penalty tickets

9Regulations concerning entitlement to use public transport services

10Variation or contravention of orders under section 230E

11Repeal of amending Act

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ENDNOTES

Transport (Compliance and Miscellaneous) Amendment (On-the-Spot Penalty Fares) Act 2013

No. 80 of 2013

[Assented to 17 December 2013]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Transport (Compliance and Miscellaneous) Act 1983 to establish an alternative mechanism for enforcing public transport ticket offences by providing for the payment of on-the-spot penalty fares.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2014, it comes into operation on that day.

3Principal Act

In this Act, the Transport (Compliance and Miscellaneous) Act 1983 is called the Principal Act.

4Definitions

In section 2(1) of the Principal Act, for the definition of entitlement to use a public transport service substitute—

"entitlement to use a public transport service includes—

(a)an entitlement to use a public transport service arising under a contract or arrangement with, or under a licence or permission given by, the Public Transport Development Authority or a bus company or passenger transport company; and

(b)an entitlement to use a public transport service arising from the payment of an on-the-spot penalty fare under section 212AA;".

5New definitions inserted

In section 208 of the Principal Act insert the following definitions—

"on-the-spot penalty fare means the amount prescribed for an on-the-spot penalty ticket;

on-the-spot penalty ticket means a ticket issued under section 212AA that entitles the person to whom it is issued to use or to have used a public transport service;

on-the-spot penalty ticket offence means an offence against any regulations made under section 221AA that is prescribed as an on‑the-spot penalty ticket offence;".

6Transport and ticket infringements

In section 212(1B) of the Principal Act, for "Any" substitute "Subject to section 212AA, any".

7New section 212AA inserted

After section 212 of the Principal Act insert—

212AAOn-the-spot penalty fares"

(1)An authorised officer authorised under section 221AB who believes on reasonable grounds that a person has committed an on‑the‑spot penalty ticket offence may offer the person an opportunity to pay an on‑the‑spot penalty fare.

(2)The offer of an opportunity to pay an on‑the‑spot penalty fare under subsection (1) is subject to any directions under section 220DC(1).

(3)A person who is offered an opportunity to pay an on-the-spot penalty fare may accept the offer by paying the fare or by arranging for another person to pay the fare—

(a)to the authorised officer; or

(b)to another person directed by the authorised officer to receive the fare and who is authorised by the Public Transport Development Authority to receive payments of on-the-spot penalty fares; or

(c)to the Public Transport Development Authority.

(4)An authorised officer may withdraw the offer of an opportunity to pay an on-the-spot penalty fare if the fare is not paid within a reasonable period of time.

(5)An authorised officer who offers a person an opportunity pay an on-the-spot penalty fare must issue, or cause to be issued by another person, an on-the-spot penalty ticket to the person upon payment of the fare.

Penalty:20 penalty units.

(6)An on-the-spot penalty ticket issued under subsection (5) entitles the person to whom it is issued to use a public transport service, subject to any conditions determined by the Secretary under section 220D(1).

(7)A person who pays an on-the-spot penalty fare in accordance with this section cannot be prosecuted or served with an infringement notice for—

(a)the ticket offence to which the on‑the‑spot penalty fare relates; or

(b)any other on-the-spot penalty ticket offence in respect of the same use of public transport services.".

8New sections 220DB to 220DE inserted

After section 220DA of the Principal Act insert—

220DBConditions relating to on-the-spot penalty tickets"

The conditions determined under section 220D(1)—

(a)may specify the public transport services that a person to whom an on‑the‑spot penalty ticket has been issued is entitled to use; and

(b)may provide for the entitlement to use a public transport service to apply retrospectively to the start of the person's use of the public transport services.

220DCDirections relating to on-the-spot penalty fares

(1)The Public Transport Development Authority may give directions to authorised officers authorised under section 221AB in relation to the offering of an opportunity to pay on-the-spot penalty fares and the payment of on‑the‑spot penalty fares under section 212AA.

(2)Without limiting subsection (1), the directions—

(a)may specify conditions to which the exercise of an authorised officer's power to offer a person an opportunity to pay an on-the-spot penalty fare is subject; and

(b)may specify the methods by which an on‑the‑spot penalty fare must be paid.

220DDAllocation of on-the-spot penalty fares

(1)The amount of any on-the-spot penalty fares received by an authorised officer or other person under section 212AA must be paid by the authorised officer or other person to the Public Transport Development Authority at the time and in the manner specified by the Authority.

(2)The Public Transport Development Authority may deduct from the total amount of any on-the-spot penalty fares it receives under this Part any reasonable costs in administering the on‑the‑spot penalty fares scheme incurred by—

(a)the Public Transport Development Authority; and

(b)passenger transport companies; and

(c)bus companies; and

(d)Bus Association Victoria.

(3)After deducting any reasonable costs under subsection (2), the Public Transport Development Authority must pay into the Consolidated Fund the remaining amount of any on‑the‑spot penalty fares it has received.

(4)For the purposes of subsection (2), the reasonable costs in administering the on‑the‑spot penalty fares scheme must be determined by the Minister for Public Transport with the approval of the Treasurer.

(5)A determination under subsection (4) must specify the amounts of the reasonable costs, or the method by which the amounts must be calculated.

220DERecord keeping for the issuing of on-the-spot penalty tickets

(1)The Public Transport Development Authority must keep the prescribed records in relation to the issuing of on-the-spot penalty tickets and the receipt of on-the-spot penalty fares in the prescribed form and manner.

(2)A passenger transport company, a bus company and Bus Association Victoria must each keep the prescribed records in relation to the issuing of on‑the‑spot penalty tickets and the receipt of on-the-spot penalty fares in the prescribed form and manner.

Penalty:10 penalty units.".

9Regulations concerning entitlement to use public transport services

After section 221AA(1)(a)(ii) of the Principal Act insert—

"(iii)prescribing the offences against any regulations made under this section as on‑the‑spot penalty ticket offences;

(iv)prescribing the amount of the on-the-spot penalty fare;

(v)providing for the on-the-spot penalty fare to be annually adjusted by the same rate at which the amount of a penalty unit is adjusted under the Monetary Units Act 2004;

(vi)providing for an on-the-spot penalty fare that is annually adjusted to be rounded to the nearest dollar or to the nearest dollar amount that is divisible by $5;

(vii)requiring the Public Transport Development Authority to publish in the Government Gazette and on the Authority's Internet site the amount of an on-the-spot penalty fare that has been annually adjusted;

(viii)prescribing the records that must be kept by the Public Transport Development Authority, a passenger transport company, a bus company and Bus Association Victoria in relation to the issuing of on-the-spot penalty tickets and the receipt of on-the-spot penalty fares;

(ix)prescribing the form and manner of the records referred to in paragraph (viii);".

10Variation or contravention of orders under section 230E

In section 230F of the Principal Act, after "that section" insert "or".

11Repeal of amending Act

This Act is repealed on 1 July 2015.

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

Minister's second reading speech—

Legislative Assembly: 31 October 2013

Legislative Council: 28 November 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Transport (Compliance and Miscellaneous) Act 1983 to provide for on-the-spot penalty fares and for other purposes."