Untitled document
Transport Legislation Amendment (Public Transport Development Authority) Act 2011
No. 61 of 2011
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—The Public Transport Development Authority
3New Division 1A of Part 5 inserted
Division 1A—Public Transport Development Authority
Subdivision 1—Establishment, Object, Functions and
Powers79APublic Transport Development Authority
79ABOfficial seal
79ACPublic Transport Development Authority represents
the Crown79ADObject of the Public Transport Development
Authority79AEFunctions of the Public Transport Development Authority
79AFPowers of the Public Transport Development
Authority79AGExtra-territoriality
Subdivision 2—Constitution, Procedures and Staff
79BBoard of directors
79BAConstitution of board of directors
79BCAppointment of directors
79BDActing appointments
79BEVacancies, resignations, removal from office
79BFValidity of acts or decisions
79BGProceedings of board of directors
79BHResolutions without meetings
79BIChief executive officer
79BJEmployees and other staff
79BKPower to enter into arrangements for the services of public servants
79BLDelegation by the Public Transport Development Authority
79BMPublic Transport Development Authority not to
make loans to directors79BNIndemnity
Subdivision 3—General Provisions
79CCompulsory acquisition of land
79DEasements
79EPublic Transport Development Authority may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978
79FGrant of unalienated Crown land
79GAcquisition of land or interest in land to achieve environmental sustainability
79HPowers to enter land for investigative purposes
79IPower to enter building
79JPowers to enter land to construct or maintain works
79KContingency planning for exercise of certain powers
79LPublic Transport Development Authority to conduct cost-benefit analysis of relevant rail safety projects
79MGuidelines for cost-benefit analysis and consultation
79NReports to Minister
79ODirections
79PCorporate plan
79QStatement of corporate intent
79RCorporate plan to be followed
79SNothing void merely because of non-compliance
79TBoard of directors to give notice of significant events
Subdivision 4—Financial Provisions
79UPublic Transport Development Authority to prepare budgets
79VMinister to submit budgets
79VAFunding of deficit
79VBRevised budget
79VCInterim budgets
79VDPublic Transport Development Authority to provide budgetary information
79VEGeneral fund
79VFFinancial accommodation
79VGPower of Treasurer to execute guarantee
Subdivision 5—Performance and Financial Reporting
79WPerformance reports
79XFinancial reports
Part 3—Transfer Provisions
4New Part 10 inserted
Part 10—Transport Legislation Amendment (Public Transport Development Authority) Act 2011
Division 1—Preliminary
240Purpose of Part
241Definitions
Division 2—Transfer of Property, Rights and Liabilities
and Staff242Minister may direct transfer of Director of Public Transport property, rights and liabilities held on
behalf of the Crown243Minister may direct transfer of Public Transport Ticketing Body property, rights and liabilities
244Minister may direct transfer of Victorian Rail Track property, rights and liabilities
245Minister may direct transfer of V/Line Corporation property, rights and liabilities
246Transfer of Metlink property, rights and liabilities
247Minister may direct transfer of Secretary property,
rights and liabilities held on behalf of the Crown248Property, rights and liabilities allocated in accordance with direction
249Allocation of property and rights subject to encumbrances
250Certificate of chief executive officer
251Certificate of Secretary—Metlink property, rights or liabilities
252Value of allocated property, rights or liabilities
253Substitution of party to agreement
254Former relevant transferor instruments
255Proceedings
256Interests in land
257Easements
258Amendment of Register
259Taxes
260Evidence
261Transfer of employees of Public Transport Ticketing Body to the Public Transport Development Authority
262Transfer of employees of Metlink to the Public
Transport Development Authority263Validity of things done under this Part
Part 4—Related and Consequential Amendments
Division 1—Transport Integration Act 2010
5Consequential amendments
6Amendment of section 33—Functions of the Department
7New section 37A inserted—Contingency planning for
exercise of certain powers37AContingency planning for exercise of certain powers
8Section 63 substituted
63Transport plan
9New section 69A inserted—Withdrawal of certain functions
and powers from the Director of Public Transport69AWithdrawal of certain functions and powers from
the Director of Public Transport
10Amendment of section 87—Functions of the Roads
Corporation11New section 109A inserted—Financial reports
109AFinancial reports
12Amendment of section 110—Corporate Plan
13Amendment of section 120—Functions of Victorian Rail
Track14Repeal of section 127
15Amendment of section 132—Functions of V/Line
Corporation16Amendment of section 138—Functions of the Linking Melbourne Authority
17Amendment of section 141E—Functions of the Port of Melbourne Corporation
18Amendment of section 141M—Functions of the Victorian Regional Channels Authority
19Amendment of section 165—Corporate Plan
20New section 203A and 203B inserted
203ASaving and transitionals—Transport Legislation Amendment (Public Transport Development
Authority) Act 2011203BTransitional regulations—Transport Legislation Amendment (Public Transport Development Authority) Act 2011
Division 2—Specified Acts
21Amendment of Rail Management Act 1996
Division 1A—Powers of the Secretary and the Public Transport Development Authority
67AClearance of trees or wood
67BNo obligation to fence
67CPower to open and break up roads and divert traffic
67DPower to install stopping places and associated
facilities67ELevel crossings
67FTram infrastructure
67GOverhead power supply
67HPower to stop traffic
67IExercise of powers
22Amendment of Rail Safety Act 2006
35APublic Transport Development Authority is exempt
35BSecretary to the Department of Transport is exempt
23Amendment of Transport (Compliance and Miscellaneous) Act 1983
24Amendment of section 220D of the Transport (Compliance
and Miscellaneous) Act 198325Consequential amendments to specified Acts
Part 5—Abolition or Dissolution of Transport Bodies
26Abolition of Director of Public Transport
27New Division 3 inserted in Part 10 of the Transport
Integration Act 2010Division 3—Administrator of the Public Transport
Ticketing Body264Provisions to prevail
265The Administrator
266Vacancy, resignation or removal from office
267Functions and powers
268Staff
269Delegation
270Directions
271Effect of appointment of Administrator
28New Division 4 inserted in Part 10 of the Transport
Integration Act 2010Division 4—Dissolution of the Public Transport
Ticketing Body272Dissolution of the Public Transport Ticketing Body
29Consequential amendments—Transport (Compliance and Miscellaneous) Act 1983
30Consequential amendment—Transport Integration Act 2010
31Repeal of amending Act
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SCHEDULES
SCHEDULE 1—References to the Director of Public Transport changed to Public Transport Development
Authority1Bus Services Act 1995
2Docklands Act 1991
3Duties Act 2000
4EastLink Project Act 2004
5Major Transport Projects Facilitation Act 2009
6Melbourne City Link Act 1995
7Planning and Environment Act 1987
8Rail Management Act 1996
9Rail Safety Act 2006
10Road Management Act 2004
11Road Safety Act 1986
12Tourist and Heritage Railways Act 2010
13Transport (Compliance and Miscellaneous) Act 1983
14Victorian Urban Development Authority Act 2003
SCHEDULE 2—Other changes to References to Director of
Public Transport1Education and Training Reform Act 2006
2Graffiti Prevention Act 2007
3Major Transport Projects Facilitation Act 2009
4Rail Management Act 1996
5Transport (Compliance and Miscellaneous) Act 1983
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Endnotes
Transport Legislation Amendment (Public Transport Development Authority) Act 2011
No. 61 of 2011
[Assented to 15 November 2011]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is to—
(a)amend the Transport Integration Act 2010 to establish the Public Transport Development Authority to—
(i)deliver more customer focused public transport services by planning, coordinating and managing the public transport system;
(ii)administer the arrangements for the provision of metropolitan trams, trains and buses and regional trains and buses;
(iii)operate as the face of public transport;
(iv)improve the public transport service experience and create a public transport shopfront for passengers and stakeholders;
(b)make related and consequential amendments to the Transport Integration Act 2010, the Transport (Compliance and Miscellaneous) Act 1983 and certain other Acts.
2Commencement
(1)Part 1 comes into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsections (3) and (4), the remaining provisions of this Act (including the items and provisions of items in a Schedule) come into operation on a day or days to be proclaimed.
(3)Subject to subsection (4), if a provision referred to in subsection (2) (including an item or a provision of an item in a Schedule) other than a provision of Part 5, does not come into operation before 1 July 2012, that provision comes into operation on that day.
(4)If a provision of Part 5 does not come into operation before 30 June 2013, that provision comes into operation on that day.
__________________
Part 2—The Public Transport Development Authority
3New Division 1A of Part 5 inserted
After Division 1 of Part 5 of the Transport Integration Act 2010 insert—
Division 1A—Public Transport Development Authority"
Subdivision 1—Establishment, Object, Functions and Powers
79APublic Transport Development Authority
(1)The Public Transport Development Authority is established.
(2)The Public Transport Development Authority—
(a)is a body corporate with perpetual succession;
(b)has an official seal;
(c)may sue and be sued;
(d)may acquire, hold and dispose of real and personal property;
(e)may do and suffer all acts and things that a body corporate may by law do and suffer.
79ABOfficial seal
(1)The official seal of the Public Transport Development Authority must—
(a)be kept in such custody as the Public Transport Development Authority directs;
(b)not be used except as authorised by the Public Transport Development Authority.
(2)All courts must take judicial notice of the official seal of the Public Transport Development Authority affixed to any document.
79ACPublic Transport Development Authority represents the Crown
In performing its functions and exercising its powers, the Public Transport Development Authority represents the Crown.
79ADObject of the Public Transport Development Authority
(1)The primary object of the Public Transport Development Authority is to plan, coordinate, provide, operate and maintain a safe, punctual, reliable and clean public transport system consistent with the vision statement and the transport system objectives.
(2)Without limiting the generality of subsection (1), the primary object includes the following—
(a)to ensure, in collaboration with other transport bodies and public entities, that the public transport system operates 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 in a manner which supports a sustainable Victoria by—
(i)seeking to increase the share of public transport trips as a proportion of all transport trips in Victoria;
(ii)actively promoting public transport to Victorian families and other members of the community as an alternative to travelling by motor car;
(iii)while seeking to give effect to subparagraphs (i) and (ii), also seeking to improve the environmental performance and minimise the adverse environmental impacts of the public transport system;
(c)to contribute to social wellbeing by providing access to opportunities and supporting liveable communities;
(d)to promote economic prosperity through efficient and reliable movement of public transport users while also supporting rail freight services;
(e)in collaboration with relevant bodies including the Department, the Roads Corporation, public transport operators, Victorian Rail Track, Municipal Councils, the Director, Transport Safety, the Department of Justice and Victoria Police, to improve the safety of public transport for public transport users.
79AEFunctions of the Public Transport Development Authority
(1)The functions of the Public Transport Development Authority are to—
(a)act as the public face of 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;
(ii)managing the public transport brand, including through consistent signage on public transport infrastructure;
(iii)managing relationships with, and between, stakeholders in the public transport system;
(iv)acting as an advocate and spokesperson for the public transport system in accordance with the Government's public transport policies and priorities and under the Department's planning framework;
(b)assist persons and bodies to construct, maintain or vary public transport infrastructure, including rail infrastructure, roads, road-related infrastructure, roadsides and other transport assets;
(c)construct or vary public transport infrastructure, including rail infrastructure, roads, road-related infrastructure, roadsides and other transport assets, as directed by the Minister;
(d)manage operational public transport infrastructure, including rail infrastructure and other transport assets, including by—
(i)undertaking or causing to be undertaken audits of that infrastructure and assets and reporting on the condition of, and works programs for, that infrastructure and those assets;
(ii)setting standards for the maintenance and condition of that infrastructure and those assets;
(iii)setting medium and long term asset management strategies for that infrastructure and those assets;
(e)plan for the development of public transport networks as part of an integrated transport system, including by undertaking feasibility studies, under the Department's planning framework;
(f)manage the coordination of trams, trains and buses, including by setting standards and parameters for timetabling and connectivity of passenger services;
(g)develop and implement policies and strategies to improve the safety of passenger services and the security of the public transport system;
(h)develop and implement operational and service policies, plans, guidelines, standards, limits and practices for the public transport system and related matters under the Department's planning framework;
(i)provide and operate, or facilitate the provision and operation of, public transport, including by—
(i)entering and managing contracts for passenger services and other ancillary or incidental transport services, including ticketing systems;
(ii)operating passenger services and other ancillary or incidental transport services;
(iii)putting into service and maintaining rolling stock, buses or other vehicles for passenger services or other ancillary or incidental transport services;
(iv)procuring passenger services, rolling stock and transport assets, including other ancillary or incidental transport services and assets, as directed by the Minister;
(j)provide and operate, or facilitate the provision and operation of, ticketing systems used for the public transport system and manage ongoing improvements in the ticketing systems for the public transport system, including advising the Secretary on the structure and level of fares;
(k)monitor and report to the Minister on whether the provision of passenger services meets contractual obligations and Government and community expectations, including through conducting surveys in relation to customer satisfaction with the provision of passenger services and with the public transport system generally;
(l)protect future options for the improvement of the transport system including holding, retaining and reserving land for future rail corridors;
(m)develop and implement effective environmental policies, strategies and management systems under the Department's planning framework to support a sustainable transport system, including minimising any adverse environmental impacts from the public transport system;
(n)provide support to tourist and heritage railway operators within the meaning of the Tourist and Heritage Railways Act 2010;
(o)manage and administer matters relating to freight as directed by the Minister, including matters relating to any transfer of property, rights or liabilities under Part 10;
(p)perform any other functions or duties conferred on the Public Transport Development Authority by any other Act or any regulations under any other Act.
(2)In performing the functions conferred on the Public Transport Development Authority, the Public Transport Development Authority must—
(a)where relevant, engage with stakeholders so as to ensure better outcomes for all Victorians;
(b)conduct research and collect information relating to the performance of its functions and the operation of the public transport system so as to enable the Public Transport Development Authority to meet the object of the Public Transport Development Authority, including information in relation to the performance and operation of the public transport system in comparable jurisdictions for the purpose of benchmarking;
(c)efficiently deal with any complaints relating to the performance of—
(i)the public transport system;
(ii)the functions of the Public Transport Development Authority;
(iii)a public transport operator;
(d)perform the functions consistently with Government policies and strategies for rail freight in Victoria.
(3)The functions of the Public Transport Development Authority do not include the development of legislation and regulatory policy relating to public transport and related matters.
(4)However, the Public Transport Development Authority may advise or comment on the development of legislation, regulatory policy and related matters.
79AFPowers of the Public Transport Development Authority
(1)The Public Transport Development Authority has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the Public Transport Development Authority and the performance of its functions.
(2)Without limiting the generality of subsection (1), the Public Transport Development Authority may—
(a)conduct or undertake the general administration of arrangements entered into with any person or body to provide passenger services or other transport services in connection with the functions of the Public Transport Development Authority;
(b)enter into any agreement or contract to support the provision of passenger services or other transport services in connection with the functions of the Public Transport Development Authority;
(c)enter into any lease or licence to support the provision of passenger services or other transport services in connection with the functions of the Public Transport Development Authority;
(d)acquire, own, build, maintain and operate public transport infrastructure and related infrastructure;
(e)enter into an agreement relating to the allocation of revenue which is derived from the provision of any passenger services or other transport services;
(f)give indemnities, guarantees, releases and charges, and anything else of a similar nature;
(g)exercise the powers conferred on the Public Transport Development Authority by any other Act or any regulations under any other Act.
(3)Without limiting the generality of subsection (1), the Public Transport Development Authority may—
(a)participate in the formation of a corporation, trust, partnership or other body;
(b)subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation;
(c)become a member of a company limited by guarantee;
(d)subscribe for or otherwise acquire, and hold and dispose of, units in a trust;
(e)acquire, and hold and dispose of, an interest in a partnership or other body;
(f)enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the Public Transport Development Authority;
(g)acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trademark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);
(h)assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right;
(i)seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;
(j)seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit, any Crown copyright;
(k)engage consultants, contractors or agents;
(l)act as an agent of another person.
(4)The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on the Public Transport Development Authority.
79AGExtra-territoriality
(1)The Public Transport Development Authority may also perform its functions and exercise its powers outside Victoria.
(2)Subject to any directions given, and conditions imposed, by the Minister, the Public Transport Development Authority may also perform its functions and exercise its powers outside Australia.
Subdivision 2—Constitution, Procedures and Staff
79BBoard of directors
(1)The Public Transport Development Authority must have a board of directors.
(2)The board of directors of the Public Transport Development Authority is to consist of not less than 3, and not more than 7, directors appointed in accordance with this Subdivision.
(3)The board of directors of the Public Transport Development Authority—
(a)is responsible for the management of the affairs of the Public Transport Development Authority;
(b)may exercise the powers of the Public Transport Development Authority.
79BAConstitution of board of directors
The board of directors of the Public Transport Development Authority consists of—
(a)a chairperson;
(b)a deputy chairperson;
(c)subject to section 79B(2), any other directors as are appointed by the Minister in accordance with this Subdivision.
79BCAppointment of directors
(1)The chairperson, deputy chairperson and other directors of the Public Transport Development Authority must be appointed by the Minister.
(2)Until the expiry of the period of 12 months after the commencement of section 26 of the Transport Legislation Amendment (Public Transport Development Authority) Act 2011, the chairperson of the board of directors may also be appointed as the chief executive officer of the Public Transport Development Authority in accordance with section 79BI.
(3)As from the expiry of the period of 12 months after the commencement of section 26 of the Transport Legislation Amendment (Public Transport Development Authority) Act 2011, the Minister must appoint a person who is a community representative to be one of the directors of the Public Transport Development Authority.
(4)A director is appointed for the fixed term specified in the instrument of appointment.
(5)A director is appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.
(6)A director is eligible to be re-appointed.
(7)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director of the Public Transport Development Authority in respect of the office of director.
79BDActing appointments
(1)The deputy chairperson of the board of directors of the Public Transport Development Authority must act as chairperson—
(a)if the office of chairperson is vacant; or
(b)during any period when the chairperson is absent; or
(c)if the chairperson is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office.
(2)While the deputy chairperson is acting as chairperson, the deputy chairperson—
(a)has and may exercise all the powers, and must perform all the functions and duties, of the chairperson;
(b)is entitled to be paid the remuneration and allowances which the chairperson would have been entitled to.
(3)The Minister may appoint a director of the Public Transport Development Authority to act as deputy chairperson—
(a)during a vacancy in the office of deputy chairperson; or
(b)during any period when the deputy chairperson is absent; or
(c)during any period when the deputy chairperson is acting as chairperson; or
(d)if the deputy chairperson is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office.
(4)While a director is acting as deputy chairperson, the director—
(a)has and may exercise all the powers, and must perform all the functions and duties, of the deputy chairperson;
(b)is entitled to be paid the remuneration and allowances which the deputy chairperson would have been entitled to.
(5)The Minister may appoint a person to act as a director (other than the chairperson or deputy chairperson) of the Public Transport Development Authority—
(a)during a vacancy in the office of a director; or
(b)during any period when the director is absent; or
(c)during any period when the director is acting as deputy chairperson; or
(d)if the director is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office.
(6)While a person is acting as a director, the person—
(a)has and may exercise all the powers, and must perform all the functions and duties, of a director;
(b)is entitled to be paid the remuneration and allowances which a director would have been entitled to.
79BEVacancies, resignations, removal from office
(1)The office of a director of the Public Transport Development Authority becomes vacant if the director—
(a)without the approval of the board of directors, fails to attend 3 consecutive meetings of the board of directors; or
(b)becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
(c)is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence.
(2)A director may resign by notice in writing delivered to the Minister.
(3)The Minister may remove or suspend a director from office.
(4)A director must be removed from office by the Minister if the director is convicted of an offence relating to his or her duties as a director.
79BFValidity of acts or decisions
An act or decision of the board of directors of the Public Transport Development Authority is not invalid only—
(a)because of a vacancy in the membership of the board of directors, including a vacancy arising from the failure to appoint a director; or
(b)because of a defect or irregularity in, or in connection with, the appointment of a director or an acting director; or
(c)in the case of an acting director, on the grounds that the occasion for the person to act had not arisen or had ceased.
79BGProceedings of board of directors
(1)Subject to subsection (2), meetings of the board of directors of the Public Transport Development Authority must be held at the times and places determined by the board of directors.
(2)The chairperson—
(a)may at any time convene a meeting of the board of directors;
(b)must convene a meeting of the board of directors when requested by a director to do so.
(3)A majority of the directors of the board of directors for the time being constitutes a quorum of the board of directors.
(4)A question arising at a meeting of the board of directors is determined by a majority of votes.
(5)The person presiding at a meeting of the board of directors has—
(a)a deliberative vote; and
(b)in the case of an equality of votes, a second or casting vote.
(6)The board of directors must ensure that accurate minutes are kept of its meetings.
(7)The board of directors may permit directors to participate in a particular meeting, or all meetings, by telephone, closed-circuit television or other means of communication that does not require the physical presence of each director in the same place.
(8)Subject to this Act, the board of directors may regulate its own proceedings.
79BHResolutions without meetings
(1)If the directors for the time being of the Public Transport Development Authority (other than a director who is absent from Australia when the other directors sign) sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is deemed to have been passed at a meeting of the board of directors held—
(a)on the day on which the document is signed; or
(b)if the directors do not sign the document on the same day, on the day on which the last director to sign signs the document.
(2)If a resolution is deemed under subsection (1) to have been passed at a meeting of the board of directors, each director must be—
(a)advised as soon as practicable; and
(b)given a copy of the terms of the resolution.
(3)For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, are deemed to constitute one document.
79BIChief executive officer
(1)The board of directors of the Public Transport Development Authority, with the approval of the Minister, may appoint a person as the chief executive officer of the Public Transport Development Authority and may at any time remove or suspend a person from that office.
(2)The chief executive officer of the Public Transport Development Authority holds office, subject to this Act, on a full-time basis and on such terms and conditions as are determined by the Minister and specified in the instrument of appointment.
(3)The chief executive officer may be a director of the Public Transport Development Authority but cannot be appointed the chairperson except as provided by section 79BC(2).
(4)The chief executive officer may resign from the office in writing signed by the chief executive officer and delivered to the chairperson of the board of directors.
(5)If the chief executive officer is the chairperson of the board of directors, the chief executive officer may resign from the office in writing signed by the chief executive officer and delivered to the Minister.
(6)If the chief executive officer is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the office of chief executive officer, the board of directors may appoint another person to act in the place of the chief executive officer during the period of the inability.
(7)A person appointed under this section to act in the place of the chief executive officer while so acting—
(a)has all the rights and powers, and must perform all the duties, of the chief executive officer of the Public Transport Development Authority; and
(b)is to be paid any remuneration and travelling or other allowances fixed by the board of directors from time to time, having regard to the rate of remuneration and allowances for the time being payable to the chief executive officer of the Public Transport Development Authority.
(8)If the chief executive officer was immediately before his or her appointment an officer within the meaning of the State Superannuation Act 1988 or a member within the meaning of the Transport Superannuation Act 1988, he or she continues to be such an officer or member while serving with the Public Transport Development Authority.
79BJEmployees and other staff
(1)The Public Transport Development Authority may employ any persons for the purposes of carrying out the object, functions, powers and duties of the Public Transport Development Authority.
(2)Persons employed by the Public Transport Development Authority are to be employed on the terms and conditions determined by the Public Transport Development Authority and approved by the Minister.
(3)If a person employed by the Public Transport Development Authority was immediately before his or her appointment an officer within the meaning of the State Superannuation Act 1988 or a member within the meaning of the Transport Superannuation Act 1988, he or she continues to be such an officer or member while serving with the Public Transport Development Authority.
79BKPower to enter into arrangements for the services of public servants
(1)For the purposes of carrying out the object, functions, powers and duties of the Public Transport Development Authority, the Public Transport Development Authority, in addition to all other powers conferred on it by or under this or any other Act, may enter into arrangements for the services of persons employed under Part 3 of the Public Administration Act 2004.
(2)Without limiting the generality of subsection (1), the Public Transport Development Authority may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or public body.
(3)The Secretary may, if requested by the Public Transport Development Authority, give the Public Transport Development Authority such reasonable assistance as is necessary to assist the Public Transport Development Authority to carry out the object, functions, powers and duties of the Public Transport Development Authority.
79BLDelegation by the Public Transport Development Authority
(1)The Public Transport Development Authority by instrument may delegate to any person any power, duty or function of the Public Transport Development Authority under any Act or regulations including, subject to subsection (3), this power of delegation.
(2)A delegation under this section may be made—
(a)in relation to a person or class of persons specified in the instrument of delegation; or
(b)in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.
(3)A person to whom a power, duty or function has been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function.
(4)Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subsection (3) as if it were a delegation.
79BMPublic Transport Development Authority not to make loans to directors
(1)The powers of the Public Transport Development Authority do not include a power, whether directly or indirectly—
(a)to make a loan to a director of the Public Transport Development Authority, a partner of such a director, or a relative (as defined in the Corporations Act) of such a director or partner; or
(b)to give a guarantee or provide security in connection with a loan made or to be made by another person to a director, partner or relative referred to in paragraph (a).
(2)Nothing in subsection (1) prohibits the Public Transport Development Authority entering into an agreement or arrangement with a person referred to in subsection (1) if similar agreements or arrangements are entered into by the Public Transport Development Authority with members of the public on the same terms and conditions.
79BNIndemnity
The powers of the Public Transport Development Authority do not include a power to exempt, whether directly or indirectly, a director of the Public Transport Development Authority from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of the Public Transport Development Authority against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to the Public Transport Development Authority.
Subdivision 3—General Provisions
79CCompulsory acquisition of land
(1)Subject to the approval of the Minister, the Public Transport Development Authority may compulsorily acquire any land which is or may be required by the Public Transport Development Authority for or in connection with the performance of its functions or the exercise of its powers.
(2)The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—
(a)the Transport Integration Act 2010 is the special Act;
(b)the Public Transport Development Authority is the Authority;
(c)land includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land;
(d)section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority to enter any land and section 75(6) did not apply.
(3)In full or part settlement of any compensation that the Public Transport Development Authority is liable to pay, the Public Transport Development Authority may—
(a)transfer a building from land owned by a person entitled to the compensation to other land owned either by that person or by the Public Transport Development Authority; or
(b)transfer a building from land owned by the Public Transport Development Authority to other land owned either by the Public Transport Development Authority or by a person entitled to the compensation.
(4)If the Public Transport Development Authority acquires any land compulsorily under this section—
(a)the Public Transport Development Authority may require the owner of the land to take any land adjoining it that is owned by the Public Transport Development Authority and is no longer required by the Public Transport Development Authority; and
(b)the value of that adjoining land must be deducted from any sum to be paid by way of compensation to the owner for the compulsory acquisition; and
(c)if that value cannot be agreed between the Public Transport Development Authority and the owner it must be settled in the same manner and at the same time as the compensation to be paid to the owner.
79DEasements
(1)If any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by the Public Transport Development Authority, it is deemed for all purposes to be an easement even though there is no land vested in or held by the Public Transport Development Authority that is in fact benefited or capable of being benefited by that right.
(2)If by or under this Act any private right of way or easement is extinguished or any easement is acquired by the Public Transport Development Authority—
(a)the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and
(b)the holder of any relevant certificate of title must deliver it to the Registrar of Titles.
(3)Subsection (2) does not apply to an easement acquired compulsorily by the Public Transport Development Authority.
79EPublic Transport Development Authority may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978
(1)The Public Transport Development Authority may use any Crown land for transport purposes with the approval of the Minister administering the Act relating to the management or use of the land given by the Minister in accordance with any requirements which apply under that Act.
(2)If any Crown land proposed to be so used or managed by the Public Transport Development Authority is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use or management, the Public Transport Development Authority cannot use or manage the land unless and until the reservation is revoked in accordance with section 9 of that Act.
(3)The Public Transport Development Authority must make compensation, in respect of the use or management under this section by the Public Transport Development Authority of any Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose inconsistent with that use, in the manner and to the extent agreed upon by the Public Transport Development Authority and the Minister administering the Crown Land (Reserves) Act 1978.
(4)An agreement under subsection (3) may provide for—
(a)the payment by the Public Transport Development Authority of a sum of money as agreed upon by the Public Transport Development Authority and the Minister administering the Crown Land (Reserves) Act 1978; or
(b)the undertaking of works or the making of provision by the Public Transport Development Authority in place of any improvements on the land as agreed upon by the Public Transport Development Authority and the Minister administering the Crown Land (Reserves) Act 1978; or
(c)both the payment of a sum of money in accordance with paragraph (a) and the undertaking of works or the making of provision in accordance with paragraph (b).
(5)If an agreement under subsection (3) provides for the payment of a sum of money, that money must, unless the Minister administering the Crown Land (Reserves) Act 1978 otherwise directs, be paid to that Minister.
(6)The Minister administering the Crown Land (Reserves) Act 1978 may direct that money to be paid under an agreement under subsection (3) must be—
(a)paid to—
(i)the trustees in whom or the Council in which the land is vested; or
(ii)the committee of management appointed in respect of the land; or
(iii)the authority under whose control and management the land has been placed pursuant to section 18 of the Crown Land (Reserves) Act 1978; or
(iv)any other person or persons as are agreed upon by the Public Transport Development Authority and the Minister administering the Crown Land (Reserves) Act 1978; and
(b)applied as directed by the Minister.
(7)If any dispute arises as to the amount of any sum of money payable under this section, that dispute is to be determined by the Governor in Council.
79FGrant of unalienated Crown land
(1)This section applies to any land vested in the Public Transport Development Authority under this Act which was immediately prior to its use or management for transport purposes unalienated land of the Crown whether set apart as a government road or not.
(2)Subject to subsection (3), the Governor in Council, on the recommendation of the Minister administering section 22A of the Land Act 1958, may grant that land to the Public Transport Development Authority subject to any conditions, exceptions and reservations as the Governor in Council considers appropriate.
(3)This section is subject to section 8 of the Crown Land (Reserves) Act 1978 and section 349 of the Land Act 1958.
79GAcquisition of land or interest in land to achieve environmental sustainability
(1)The power conferred by this section is in addition to, and does not limit, any other power conferred on the Public Transport Development Authority.
(2)The Public Transport Development Authority may acquire by negotiation any land or interest in any land which the Public Transport Development Authority considers is reasonably necessary to avoid, minimise and offset harm to the local and global environment arising out of the performance of its functions or the exercise of its powers.
79HPowers to enter land for investigative purposes
(1)The Public Transport Development Authority may enter any land and do all things necessary and convenient for investigative purposes to determine whether the land should be compulsorily acquired.
(2)The Public Transport Development Authority may exercise the powers conferred by this section on the Public Transport Development Authority by any person who is authorised in writing by the Public Transport Development Authority to do so.
(3)The Public Transport Development Authority must not exercise a power under this section unless—
(a)the Public Transport Development Authority has given 7 days' notice in writing to the occupier of the land that is to be entered; or
(b)the occupier of the land consents to entry to the land; or
(c)immediate entry is necessary because of an emergency.
(4)A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless the occupier consents to a different time.
(5)In exercising powers under this section, the Public Transport Development Authority must—
(a)cause as little harm and inconvenience as possible;
(b)stay on the land only for as long as is reasonably necessary to exercise the power;
(c)remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;
(d)leave the land as nearly as possible in the condition in which the Public Transport Development Authority found it;
(e)ensure that as little damage as possible is done to the land;
(f)co-operate as much as possible with the owner and any occupier of the land.
(6)If the Public Transport Development Authority has caused any damage to land while exercising a power under this section, the Public Transport Development Authority must pay compensation to the owner and any other person with an interest in the land.
(7)Compensation under subsection (6)—
(a)may, if so agreed by the person entitled to the compensation, be paid as a lump sum or by way of an annual rent; or
(b)if no agreement can be reached, must be determined in the manner provided in the Land Acquisition and Compensation Act 1986.
79IPower to enter building
The Public Transport Development Authority may after giving 7 days' notice in writing to the occupier of a building—
(a)enter the building at any reasonable hour in the day-time;
(b)inspect, make measurements and drawings and take photographs of the building;
(c)take any other measures the Public Transport Development Authority considers are necessary to ascertain the construction and condition of the building.
79JPowers to enter land to construct or maintain works
(1)The Public Transport Development Authority may enter any land and do all things necessary and convenient for constructing, maintaining, altering and using any works in the performance of its functions.
(2)The Public Transport Development Authority may exercise the powers conferred by this section on the Public Transport Development Authority by any person who is authorised in writing by the Public Transport Development Authority to do so.
(3)The Public Transport Development Authority must not exercise a power under this section unless—
(a)the Public Transport Development Authority has given 7 days' notice in writing to the occupier of the land that is to be entered; or
(b)the occupier of the land consents to entry to the land; or
(c)immediate entry is necessary because of an emergency.
(4)A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless the occupier consents to a different time.
(5)In exercising powers under this section, the Public Transport Development Authority must—
(a)cause as little harm and inconvenience as possible;
(b)stay on the land only for as long as is reasonably necessary to exercise the power;
(c)remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;
(d)leave the land as nearly as possible in the condition in which the Public Transport Development Authority found it;
(e)ensure that as little damage as possible is done to the land;
(f)co-operate as much as possible with the owner and any occupier of the land.
(6)If the Public Transport Development Authority has caused any damage to land while exercising a power under this section, the Public Transport Development Authority must pay compensation to the owner and any other person with an interest in the land.
(7)Compensation under subsection (6)—
(a)may, if so agreed by the person entitled to the compensation, be paid as a lump sum or by way of an annual rent; or
(b)if no agreement can be reached, must be determined in the manner provided in the Land Acquisition and Compensation Act 1986.
79KContingency planning for exercise of certain powers
The Public Transport Development Authority must develop and maintain a contingency plan for the possible exercise of a power under section 79AE(1)(i)(ii).
79LPublic Transport Development Authority to conduct cost-benefit analysis of relevant rail safety projects
(1)This section applies to a relevant rail safety project in relation to which—
(a)the Director, Transport Safety makes a rail safety recommendation; and
(b)the Public Transport Development Authority considers may have the effect of resulting in significant costs or expenses being incurred by the Public Transport Development Authority or the Crown.
(2)The Public Transport Development Authority, before undertaking or funding a relevant rail safety project the subject of a rail safety recommendation, must—
(a)conduct or cause to be conducted a cost-benefit analysis of the relevant rail safety project; and
(b)consult with—
(i)the Premier, the Treasurer and any other Minister whose area of responsibility may be affected by the proposed rail safety project; and
(ii)any other person specified in guidelines prepared under section 79M.
(3)The cost-benefit analysis and consultation must be conducted—
(a)in accordance with guidelines prepared under section 79M; and
(b)before the Public Transport Development Authority undertakes or funds the relevant rail safety project.
79MGuidelines for cost-benefit analysis and consultation
(1)The Minister may prepare guidelines for the purposes of cost-benefit analysis and consultation conducted under section 79L.
(2)Before preparing guidelines under this section the Minister must consult with the Premier and the Treasurer.
(3)Guidelines prepared under this section may—
(a)include guidelines about the methodology to be applied in a cost-benefit analysis conducted under section 79L;
(b)require the Public Transport Development Authority to obtain an independent assessment about the methodology to be applied in a cost-benefit analysis that is conducted under section 79L;
(c)include guidelines about the procedure for consultation under section 79L.
79NReports to Minister
The Minister may, in writing, require the board of directors of the Public Transport Development Authority to give the Minister any information that the Minister reasonably requires.
79ODirections
(1)The Public Transport Development Authority—
(a)is subject to the general direction and control of the Minister; and
(b)must comply with any specific direction given by the Minister.
(2)If the Public Transport Development Authority has been given a specific direction by the Minister, the Public Transport Development Authority may publish the specific direction in the Government Gazette.
(3)The Public Transport Development Authority cannot be given any direction by the Minister 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.
79PCorporate plan
(1)The requirements in this section are in addition to the requirements under section 64.
(2)The board of directors of the Public Transport Development Authority must give a copy of the proposed corporate plan to the Minister on or before 31 May in each year.
(3)The proposed corporate plan must—
(a)be in a form approved by the Minister;
(b)include a statement of corporate intent in accordance with section 79Q;
(c)include a business plan and financial statements containing any information that the Minister requires.
(4)The board of directors of the Public Transport Development Authority must consider any comments on the proposed corporate plan that are made to the board of directors by the Minister within 6 weeks after the proposed corporate plan was submitted to the Minister.
(5)The board of directors of the Public Transport Development Authority must—
(a)consult in good faith with the Minister following communication to the board of directors of the comments;
(b)make such changes to the plan as are agreed between the Minister and the board of directors;
(c)deliver the completed corporate plan to the Minister within 2 months after the commencement of the financial year.
(6)The corporate plan, or any part of the corporate plan, must not be published or made available except for the purposes of this Part without the prior approval of the board of directors of the Public Transport Development Authority and the Minister.
(7)The corporate plan may be modified at any time by the board of directors of the Public Transport Development Authority with the agreement of the Minister.
(8)If the board of directors of the Public Transport Development Authority, by written notice to the Minister, proposes a modification to the corporate plan, the board of directors may make the modification unless the Minister, by written notice within 14 days, directs the board of directors not to make the modification.
(9)The Minister may, by written notice, direct the board of directors of the Public Transport Development Authority to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters.
(10)Before giving a direction under this section, the Minister must consult with the board of directors of the Public Transport Development Authority as to the matters referred to in the notice.
(11)The board of directors of the Public Transport Development Authority must comply with a direction under this section.
(12)At any particular time, the statement of corporate intent, the business plan or the financial statements for the Public Transport Development Authority are the statements and plan last completed, with any modifications or deletions made in accordance with this Division.
79QStatement of corporate intent
The statement of corporate intent of the Public Transport Development Authority must specify for the Public Transport Development Authority and its subsidiaries (if any), in respect of the financial year to which it relates and each of the 2 following financial years, the following information—
(a)the business objectives of the Public Transport Development Authority and of its subsidiaries;
(b)the main undertakings of the Public Transport Development Authority and of its subsidiaries;
(c)the nature and scope of the activities to be undertaken by the Public Transport Development Authority and its subsidiaries;
(d)the accounting policies to be applied in the accounts;
(e)the performance targets and other measures by which the performance of the Public Transport Development Authority and of its subsidiaries may be judged in relation to their stated business objectives;
(f)the kind of information to be provided to the Minister by the Public Transport Development Authority during the course of those financial years;
(g)any other matters as may be agreed on by the Minister and the board of directors of the Public Transport Development Authority.
79RCorporate plan to be followed
(1)Unless subsection (2) applies, the Public Transport Development Authority must act only in accordance with its corporate plan.
(2)The Public Transport Development Authority must obtain the written approval of the Minister before it can act in any manner that is contrary to its corporate plan.
79SNothing void merely because of non-compliance
Nothing done by the Public Transport Development Authority is void or unenforceable merely because the Public Transport Development Authority has failed to comply with section 79P, 79Q or 79R.
79TBoard of directors to give notice of significant events
(1)This section applies if the board of directors of the Public Transport Development Authority determines that matters have arisen—
(a)that may prevent, or significantly affect, the achievement of the business objectives of the Public Transport Development Authority and its subsidiaries (if any) under the corporate plan; or
(b)that may prevent, or significantly affect, the achievement of the targets under the plan.
(2)If this section applies, the board of directors of the Public Transport Development Authority must immediately notify the Minister of its determination and the reasons for the determination.
Subdivision 4—Financial Provisions
79UPublic Transport Development Authority to prepare budgets
(1)The Public Transport Development Authority must submit to the Minister before the date fixed by the Minister an operating budget and a capital works budget for the relevant financial year.
(2)The budgets must be in the form and contain the matters required by the Minister after consultation with the Minister administering Part 7 of the Financial Management Act 1994.
(3)Before the Public Transport Development Authority submits the proposed budgets to the Minister, the Public Transport Development Authority must—
(a)liaise with the Department in preparing the budgets;
(b)submit drafts of the proposed budgets to the Department by a date agreed with the Secretary for consideration by the Department.
(4)The Minister must—
(a)consider the budgets submitted by the Public Transport Development Authority;
(b)as soon as practicable, advise the Public Transport Development Authority as to whether the Minister approves the budgets or approves the budgets subject to any amendment required by the Minister.
(5)The Public Transport Development Authority must operate within the budgets as approved by the Minister for the Public Transport Development Authority for the relevant financial year.
(6)If during the course of a financial year—
(a)a change has occurred in the budgetary situation of the Public Transport Development Authority which the Public Transport Development Authority or the Minister considers to be a significant change; or
(b)the Minister considers that revised budgets are necessary—
the Public Transport Development Authority must submit to the Minister, on its own initiative or at the Minister's direction, revised budgets for the remainder of the year.
(7)Before the Public Transport Development Authority submits the revised budgets to the Minister, the Public Transport Development Authority must—
(a)liaise with the Department in preparing the revised budgets;
(b)submit drafts of the proposed revised budgets to the Department by a date agreed with the Secretary for consideration by the Department.
(8)The Minister must—
(a)consider the revised budgets submitted under subsection (6);
(b)as soon as practicable, advise the Public Transport Development Authority as to whether the Minister approves the revised budgets or approves the revised budgets subject to any amendment required by the Minister.
(9)If revised budgets are approved, the Public Transport Development Authority must operate within the revised budgets from the date that the revised budgets are approved until the end of the financial year.
(10)The Public Transport Development Authority must provide to the Minister within the time and in the form requested by the Minister any information which the Minister may request relating to—
(a)the budgetary position;
(b)the finances and cash position;
(c)the workforce position;
(d)any other factors relevant to the Public Transport Development Authority's operations or capital works program—
for the year or for any ensuing year or years.
79VMinister to submit budgets
Before the Minister approves any budgets or revised budgets, the Minister must—
(a)submit the budgets the Minister proposes to approve for the Public Transport Development Authority for the whole financial year to the Minister administering Part 7 of the Financial Management Act 1994 for that Minister's consideration and approval;
(b)submit to the Minister administering Part 7 of the Financial Management Act 1994 any proposed revised budgets for a portion of a financial year for that Minister's consideration and approval together with an estimate of the result of the budgets for the Public Transport Development Authority for which a revised budget is not proposed.
79VAFunding of deficit
If—
(a)the Treasurer has approved the budgets for the Public Transport Development Authority for the whole financial year as submitted or with any amendment required by the Minister, the Minister administering Part 7 of the Financial Management Act 1994 and the Treasurer; and
(b)either or both of those budgets include a deficit—
the Treasurer, the Minister and the Minister administering Part 7 of that Act must consider how that deficit is to be funded.
79VBRevised budget
If, during the course of a year, the Minister has submitted to the Treasurer and the Minister administering Part 7 of the Financial Management Act 1994 a proposed revised budget for the Public Transport Development Authority for the remainder of the year, the Minister, the Minister administering Part 7 of that Act and the Treasurer must consider that revised budget and the method of funding any changes in deficits in the budget of the Public Transport Development Authority.
79VCInterim budgets
(1)If at the commencement of a financial year the budget for the Public Transport Development Authority has not been approved, the Public Transport Development Authority must operate within an interim budget agreed to by the Minister, the Minister administering Part 7 of the Financial Management Act 1994 and the Treasurer.
(2)Any deficit included in an interim budget may be funded in whole or in part by any appropriation available for the purpose.
(3)An interim budget lapses when a final budget is approved for the Public Transport Development Authority.
79VDPublic Transport Development Authority to provide budgetary information
If the Minister administering Part 7 of the Financial Management Act 1994 requests through the Minister any information relating to the budgets or budgetary or financial position of the Public Transport Development Authority, the Public Transport Development Authority must as soon as possible provide that information as far as is practicable.
79VEGeneral fund
(1)The Public Transport Development Authority must establish and maintain a general fund.
(2)The Public Transport Development Authority, with the approval of the Minister administering Part 7 of the Financial Management Act 1994, must—
(a)open and maintain accounts with any authorised deposit-taking institution or institutions within the meaning of the Banking Act 1959 of the Commonwealth;
(b)maintain at least one of those accounts to be used for the purposes of its general fund.
(3)Subject to subsection (4), the Public Transport Development Authority must pay into its general fund all trading revenue, interest and other money received by or paid to the Public Transport Development Authority.
(4)Subject to subsection (5), the Public Transport Development Authority must pay into the Public Account—
(a)all money borrowed by the Public Transport Development Authority under this Act;
(b)all money resulting from the disposal by the Public Transport Development Authority of any real or personal property, whether or not under an arrangement by which the Public Transport Development Authority is to enter into a lease of the property so disposed of;
(c)the proceeds of any advances or financial accommodation obtained by the Public Transport Development Authority under section 79VF.
(5)Subsection (4) does not apply if—
(a)the money or proceeds are to be used for the operating or trading activity of the Public Transport Development Authority; or
(b)the Minister administering Part 7 of the Financial Management Act 1994 otherwise approves.
(6)All payments made by the Public Transport Development Authority must be made out of its general fund.
(7)The Public Transport Development Authority may invest money in its general fund in any manner approved by the Minister administering Part 7 of the Financial Management Act 1994.
79VFFinancial accommodation
(1)The Public Transport Development Authority may, with the approval of the Treasurer, obtain financial accommodation by way of overdraft of account at any authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth or other financial institution in Australia.
(2)The due repayment or satisfaction of any advances or financial accommodation obtained under this section and the due repayment of any interest or other charges payable in relation thereto is hereby guaranteed by the Government of Victoria.
(3)Any money required by the Minister administering Part 7 of the Financial Management Act 1994 for fulfilling any guarantee given by this section must be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.
(4)Any money received or recovered by the Minister administering Part 7 of the Financial Management Act 1994 from the Public Transport Development Authority or otherwise in respect of any money paid by that Minister under subsection (3) must be paid into the Consolidated Fund.
79VGPower of Treasurer to execute guarantee
(1)The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance of any obligations of the Public Transport Development Authority under a contract—
(a)to be entered into by the Public Transport Development Authority with that person under this Act; or
(b)with the person to which the Public Transport Development Authority is substituted as a party under Part 10; or
(c) to which the person is a party which is assigned or novated to the Public Transport Development Authority by the Director of Public Transport or the Secretary on behalf of the Crown.
(2)The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance of any obligations of any person to whom the rights and liabilities of the Public Transport Development Authority arising under a contract entered into by the Public Transport Development Authority with the first-mentioned person under this Act have been assigned.
(3)If the rights and liabilities of the Public Transport Development Authority arising under a contract entered into by the Public Transport Development Authority with a person under this Act have been assigned with the approval of the Treasurer to another person, the Treasurer may amend any guarantee given by him or her under this section in respect of that contract so that it extends to guaranteeing the due performance of any obligations of that other person under that contract.
(4)Any money required by the Treasurer for fulfilling any guarantee given by the Treasurer under this section must be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.
(5)Any money received or recovered by the Treasurer from the Public Transport Development Authority or otherwise in respect of any money paid by the Treasurer under subsection (4) must be paid into the Consolidated Fund.
(6)If the rights and liabilities arising under a contract entered into by the Public Transport Development Authority with a person have been assigned with the approval of the Treasurer to another person, the Treasurer may approve of the assignment to that other person of any guarantee given by the Treasurer under this section in respect of that contract.
Subdivision 5—Performance and Financial Reporting
79WPerformance 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 Public Transport Development Authority must provide a performance report to the Minister on the performance of the public transport system.
(3)The performance report under subsection (2) must be provided and tabled together with the annual report prepared under Part 7 of the Financial Management Act 1994 in respect of that year.
(4)In addition to subsection (2), the Public Transport Development Authority must provide a further report to the Minister on the performance of the public transport system—
(a)as at 6 months after the Public Transport Development Authority is established; and
(b)as at 18 months after the Public Transport Development Authority is established.
(5)The Minister must cause a copy of each report received by the Minister under subsection (4) to be laid before each House of the Parliament within 14 sitting days of the House of the Parliament after receiving the report.
79XFinancial 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 Public Transport Development Authority 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 which the Public Transport Development Authority considers appropriate.
(4)The Secretary may, if the Secretary considers it reasonable to do so, request the Public Transport Development Authority to provide a financial report to the Department containing the matters required by the Secretary at any other time during the year.".
__________________
Part 3—Transfer Provisions
4New Part 10 inserted
After Part 9 of the Transport Integration Act 2010 insert—
Part 10—Transport Legislation Amendment (Public Transport Development Authority) Act 2011"
Division 1—Preliminary
240Purpose of Part
The purpose of this Part is to facilitate the establishment of the Public Transport Development Authority.
241Definitions
(1)In this Part—
allocation statement means an allocation statement given under section 242, 243, 244, 245, 246 or 247 and includes a statement that has been amended under the relevant section;
former relevant transferor instrument means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the relevant date—
(a)to which the relevant transferor was a party; or
(b)that was given to, or in favour of, the relevant transferor; or
(c)that refers to the relevant transferor; or
(d)under which—
(i)money is, or may become, payable to the relevant transferor; or
(ii)other property is to be, or may become liable to be, transferred to or by the relevant transferor;
former relevant transferor property means property, rights or liabilities of the relevant transferor that, under this Part, have vested in, or become liabilities of, the relevant transferee;
instrument includes a document and an oral agreement;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
Metlink means Metlink Victoria Pty Ltd (ACN 105 274 904);
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
Public Transport Ticketing Body has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983;
relevant date, in relation to an allocation statement or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;
relevant transferee means—
(a)in respect of an allocation statement given under section 242, the Public Transport Development Authority, the Secretary on behalf of the Crown, Victorian Rail Track or V/Line Corporation as specified in the allocation statement;
(b)in respect of an allocation statement given under section 243, the Public Transport Development Authority or the Secretary on behalf of the Crown as specified in the allocation statement;
(c)in respect of an allocation statement given under section 244, the Public Transport Development Authority;
(d)in respect of an allocation statement given under section 245, the Public Transport Development Authority;
(e)in respect of an allocation statement given under section 246, the Public Transport Development Authority or the Secretary on behalf of the Crown as specified in the allocation statement;
(f)in respect of an allocation statement given under section 247, the Public Transport Development Authority;
relevant transferor means—
(a)in respect of an allocation statement given under section 242, the Director of Public Transport on behalf of the Crown;
(b)in respect of an allocation statement given under section 243, the Public Transport Ticketing Body;
(c)in respect of an allocation statement given under section 244, Victorian Rail Track;
(d)in respect of an allocation statement given under section 245, V/Line Corporation;
(e)in respect of an allocation statement given under section 246, Metlink;
(f)in respect of an allocation statement given under section 247, the Secretary on behalf of the Crown;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective.
(2)The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement.
Division 2—Transfer of Property, Rights and Liabilities and Staff
242Minister may direct transfer of Director of Public Transport property, rights and liabilities held on behalf of the Crown
(1)The Minister may give a direction in writing to the Director of Public Transport directing the Director of Public Transport on behalf of the Crown to transfer, in accordance with the direction, any property, rights and liabilities of a kind specified in the direction to—
(a)the Public Transport Development Authority; or
(b)the Secretary on behalf of the Crown; or
(c)Victorian Rail Track; or
(d)V/Line Corporation.
(2)A direction under subsection (1) may include directions as to the method of valuation to be used by the Director of Public Transport for the purposes of determining the value of property, rights and liabilities to be transferred.
(4)Subsection (3) is to be construed subject to any specific provision made in respect of the application of subsection (3) in an allocation statement under Part 10 or regulations made under section 203B.".
29Consequential amendments—Transport (Compliance and Miscellaneous) Act 1983
(1)In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983—
(a)in the definition of entitlement to use a public transport service for "Public Transport Ticketing Body" substitute "Public Transport Development Authority";
(b)the definition of Public Transport Ticketing Body is repealed.
(2)In sections 222B, 230(7), 230AD and 230AF(7) of the Transport (Compliance and Miscellaneous) Act 1983 for "Public Transport Ticketing Body" (wherever occurring) substitute "Public Transport Development Authority".
(3)In sections 230(7), 230AD and 230AF(7) of the Transport (Compliance and Miscellaneous) Act 1983 for "that Body" substitute "the Public Transport Development Authority".
30Consequential amendment—Transport Integration Act 2010
In section 3 of the Transport Integration Act 2010, paragraph (m) of the definition of transport body is repealed.
31Repeal of amending Act
This Act is repealed on 30 June 2014.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984).
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SCHEDULES
SCHEDULE 1
References to the Director of Public Transport changed to Public Transport Development Authority
1Bus Services Act 1995
1.1In section 3(1)—
(a)insert the following definition—
"Public Transport Development Authority means the Public Transport Development Authority established under section 79A of the Transport Integration Act 2010;";
(b)in the definition of working day for "Director" (where twice occurring) substitute "Public Transport Development Authority".
1.2In the heading to section 4A for "Director" substitute "Public Transport Development Authority".
1.3In sections 4A, 26(3), 26(4), 26(4A), 26(5), 27(3)(f), 27(5), 30, 30C, 30D, 30E, 30F(1), 30G(1), 30H, 30I, 30J, 30K, 30M(2), 30N(1)(a), 30N(3) and 30U, for "Director" (wherever occurring) substitute "Public Transport Development Authority".
1.4For section 26(2) substitute—
"(2)The Public Transport Development Authority may enter into a service contract with an accredited person.".
1.5In section 26(4) for "him or her" substitute "the Public Transport Development Authority".
1.6In section 26(5) for "section 68(2)" substitute "section 79AG(2)".
1.7In section 30C(b) for "Director's" substitute "Public Transport Development Authority's".
1.8In section 30L—
(a)in the definition of former property for "State" substitute "Public Transport Development Authority";
(b)for the definition of related contract substitute—
"related contract means a contract between the holder of the primary contract, or an associated operator, and the Public Transport Development Authority in accordance with the primary contract, and if such contract is amended, that contract as amended;";
(c)in the definition of related deed for paragraph (b) substitute—
"(b)between the holder of the primary contract, or an associated operator, and the Public Transport Development Authority in accordance with the primary contract—".
1.9In sections 30M(1)(a) and 30O(1)(a) for "State" substitute "Public Transport Development Authority".
1.10In section 30N(1)(b) for "Director" substitute "chief executive officer of the Public Transport Development Authority".
1.11In section 30Q—
(a)in the heading for "of Director" substitute "signed by the Chief Executive Officer of the Public Transport Development Authority";
(b)in subsection (1) for "Director" substitute "Chief Executive Officer of the Public Transport Development Authority";
(c)in subsection (2) for "Director" (where first occurring) substitute "Public Transport Development Authority";
(d)in subsection (2) for "Director" (where secondly occurring) substitute "Chief Executive Officer of the Public Transport Development Authority";
(e)in subsection (3) for "Director" substitute "Public Transport Development Authority".
1.12In section 30R for "State" (where twice occurring) substitute "Public Transport Development Authority".
1.13In section 34 for "Director or" (wherever occurring) substitute "Public Transport Development Authority or".
1.14Section 35 is repealed.
1.15In section 36(1A) for "Director" substitute "Public Transport Development Authority".
2Docklands Act 1991
In section 28(2A) for "Director of Public Transport appointed under section 65" substitute "Public Transport Development Authority established under section 79A".
3Duties Act 2000
3.1In section 47A(1)(a) for "Director of Public Transport" substitute "Public Transport Development Authority".
3.2In section 47A(2)—
(a)the definition of Director of Public Transport is repealed;
(b)insert the following definition—
"Public Transport Development Authority has the same meaning as it has in section 3 of the Transport Integration Act 2010;".
4EastLink Project Act 2004
In section 3(1), in paragraph (c) of the definition of Utility, for "Director of Public Transport" substitute "Public Transport Development Authority".
5Major Transport Projects Facilitation Act 2009
5.1In section 3—
(a)the definition of Director of Public Transport is repealed;
(b)insert the following definition—
"Public Transport Development Authority has the same meaning as it has in section 3 of the Transport Integration Act 2010;".
5.2After section 104(2)(a) insert—
"(ab)a person employed by the Public Transport Development Authority; or".
6Melbourne City Link Act 1995
In section 21(1), in paragraph (c) of the definition of Utility, for "Director of Public Transport" substitute "Public Transport Development Authority".
7Planning and Environment Act 1987
7.1In section 201R the definition of Director of Public Transport is repealed.
7.2In section 201TC(1)(b)—
(a)omit "or the Director of Public Transport";
(b)in subparagraphs (i) and (ii) omit "or the Director".
7.3For section 201TF(6) substitute—
"(6)In this section agency means a public authority or the Secretary to the Department of Transport.".
8Rail Management Act 1996
8.1In section 3(1)—
(a)the definition of Director is repealed;
(b)insert the following definition—
"Public Transport Development Authority has the same meaning as it has in section 3 of the Transport Integration Act 2010;".
8.2In sections 3(2)(a), 3(2)(b), 3(3)(a) and 3(3)(b) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".
8.3In section 38J, in the definition of Regional Infrastructure Lease, after "Director" insert
"of Public Transport".
8.4In section 38ZZF for "Director" (wherever occurring) substitute "Public Transport Development Authority".
8.5In section 60(7) for "Director acting on behalf of the Crown in relation to any rail infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any rail infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".
8.6In section 61(4)(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".
8.7In section 61(4)(b) for "Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track, or the Crown" substitute "Public Transport Development Authority in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".
8.8In section 62(5)(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".
8.9In section 62(5)(b) for "Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".
8.10In section 63(5)(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".
8.11In section 63(5)(b) for "Director acting on behalf of the Crown in relation to any tram infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".
8.12In section 64(1)(a) after "Rail Track" insert "or that person and the Public Transport Development Authority".
8.13In section 64(3)(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".
8.14In section 64(3)(b) for "Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".
8.15In section 65(1) after "Rail Track" insert "or that person and the Public Transport Development Authority".
8.16In section 65(3)(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".
8.17In section 65(3)(b) for "Director acting on behalf of the Crown in relation to any tram infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".
8.18In section 66(5)(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".
8.19In section 66(5)(b) for "Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".
8.20In section 67(1) after "Rail Track" insert "or that person and the Public Transport Development Authority".
8.21In section 67(4)(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".
8.22In section 67(4)(b) for "Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".
8.23In section 68(1), in the definition of agreement, lease or licence—
(a)in paragraph (a) for "by the Secretary or the Director acting on behalf of the Crown" substitute "between the Secretary or the Public Transport Development Authority";
(b)in paragraph (b) for "by the Secretary, a statutory body, the Director" substitute "between the Secretary, a statutory body, the Public Transport Development Authority";
(c)in paragraph (b)(i) for "Director" substitute "Public Transport Development Authority".
8.24In section 68(2) after "State" insert "or other relevant party to the agreement, lease or licence".
8.25In section 68(3)(ba) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".
8.26In section 68(4)(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".
8.27In section 68(4)(b) for "Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".
8.28In section 69(1)—
(a)for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority";
(b)for "Director may" substitute "Public Transport Development Authority may";
(c)after "State or" insert "the Public Transport Development Authority or";
(d)for "Director's" substitute "Public Transport Development Authority's";
(e)after "by the State" insert "or the Public Transport Development Authority".
8.29In section 69(2) after "State" (wherever occurring) insert "or the Public Transport Development Authority".
8.30In section 69(4)(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".
8.31In section 69(4)(b) for "Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".
8.32In section 70(1)—
(a)for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority";
(b)for "State" substitute "Public Transport Development Authority";
(c)for "Director may" substitute "Public Transport Development Authority may".
8.33In section 70(3)(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".
8.34In section 70(3)(b) for "Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".
8.35In section 71(1)—
(a)for "State" substitute "Public Transport Development Authority";
(b)for "Director" substitute "Chief Executive Officer of the Public Transport Development Authority".
8.36In section 71(3) for "Director" substitute "Public Transport Development Authority".
8.37In section 72 for "State" substitute "Public Transport Development Authority".
8.38In section 74—
(a)insert the following heading to section 74—
"Certificate signed by the Chief Executive Officer of the Public Transport Development Authority";
(b)in subsection (1) for "Director" substitute "Chief Executive Officer of the Public Transport Development Authority";
(c)in subsection (2) for "Director" (where first occurring) substitute "Public Transport Development Authority";
(d)in subsection (2) for "Director" (where secondly occurring) substitute "Chief Executive Officer of the Public Transport Development Authority";
(e)in subsection (3) for "Director" substitute "Public Transport Development Authority".
8.39In section 75 for "State" (where twice occurring) substitute "Public Transport Development Authority".
8.40In section 103(c) for "Director" substitute "Public Transport Development Authority".
9Rail Safety Act 2006
Section 100(5) is repealed.
10Road Management Act 2004
10.1In section 3(1), insert the following definition—
"Public Transport Development Authority has the same meaning as it has in section 3 of the Transport Integration Act 2010;".
10.2In section 3(5)—
(a)for "Director of Public Transport" (where twice occurring) substitute "Public Transport Development Authority";
(b)for "has not entered into" substitute "is not a party to".
10.3In sections 42A(2), 48O and 48P for "Director of Public Transport" (wherever occurring) substitute "Public Transport Development Authority".
11Road Safety Act 1986
In section 92(1), in paragraph (a) of the definition of public transport regulator for "Director of Public Transport" substitute "Public Transport Development Authority".
12Tourist and Heritage Railways Act 2010
12.1In section 3—
(a)the definition of Director is repealed;
(b)insert the following definition—
"Public Transport Development Authority has the same meaning as it has in section 3 of the Transport Integration Act 2010;".
12.2In sections 6, 8(1), 9(1), 22(1), 24(2) and 24(3) for "Director" (wherever occurring) substitute "Public Transport Development Authority".
13Transport (Compliance and Miscellaneous) Act 1983
13.1In section 2(1)—
(a)in the definition of bus company for "has entered into a contract with the Crown, or the Secretary or the Director on behalf of the Crown" substitute "is a party to a contract with the Crown or the Secretary on behalf of the Crown or the Public Transport Development Authority";
(b)the definition of Director is repealed;
(c)insert the following definition—
"Public Transport Development Authority has the same meaning as it has in section 3 of the Transport Integration Act 2010;".
13.2In section 2(2A) for "or the Director on behalf of the Crown" substitute "on behalf of the Crown or the Public Transport Development Authority".
13.3In sections 2(2C)(a) and 2(2D)(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".
13.4In sections 2(2C)(b) and 2(2D)(b) for "or the Director acting on behalf of the Crown" substitute "on behalf of the Crown or the Public Transport Development Authority".
13.5In section 10—
(a)in subsection (1)(a) for "entered into between the Director on behalf of the Crown and a train operator provides for the Director" substitute "between the Public Transport Development Authority and a train operator provides for the Public Transport Development Authority";
(b)in subsections (1)(b), (4)(d) and (6) for "Director" (wherever occurring) substitute "Public Transport Development Authority".
13.6In sections 85A(a), 86(1) (in the definition of public commercial passenger vehicle), 89(2)(c), 141(5), 195, 196, 198(1), 199, 200, 201, 202, 203, 204, 213A(5), 213A(6), 221X, 221Y(1)(c), 221ZA(1) and 221ZH(1) for "Director" (wherever occurring) substitute "Public Transport Development Authority".
13.7Section 191D(1)(c) is repealed.
13.8In section 200(3) for "he or she" substitute
"the Public Transport Development Authority".
13.9In sections 213A(3) and 215(1)(ga) for "Director, on behalf of the Crown," substitute "Public Transport Development Authority".
13.10In sections 220DA(4)(a) and 220DA(4)(b) after "Director" insert "of Public Transport".
13.11In section 221(7)—
(a)for "the Director" substitute "a director, member of staff or the Chief Executive Officer of the Public Transport Development Authority";
(b)in paragraph (b) for "his or her" substitute "their";
(c)in paragraph (c) for "Director" substitute "Director of Public Transport or a director, member of staff or the Chief Executive Officer of the Public Transport Development Authority".
13.12In section 221X(8) for "Director's" substitute "Public Transport Development Authority's".
13.13In sections 229(1) and 229(1B)(a) omit
", the Director".
13.14In section 230(4)—
(a)for "Director" (where twice occurring) substitute "Chief Executive Officer of the Public Transport Development Authority";
(b)after "Department" insert "or a director or member of staff of that Authority".
14Victorian Urban Development Authority Act 2003
In section 53(3) for "Director of Public Transport appointed" substitute "Public Transport Development Authority established".
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SCHEDULE 2
Other changes to References to Director of Public Transport
1Education and Training Reform Act 2006
For section 2.6.51(1)(ga) substitute—
"(ga)to the licensing authority within the meaning of the Transport (Compliance and Miscellaneous) Act 1983; and".
2Graffiti Prevention Act 2007
In section 17A(5) for "Director of Public Transport" substitute "Secretary".
3Major Transport Projects Facilitation Act 2009
In section 104—
(a)for "Director of Public Transport" (wherever occurring) substitute "Secretary";
(b)for "Director" substitute "Secretary".
4Rail Management Act 1996
In sections 60(3)(b), 62(2)(b), 62(2A), 63(2)(b), 63(2A), 66(2)(b), 66(2A), 67(2)(b) and 67(2A) for "Director" substitute "Secretary or the Public Transport Development Authority".
5Transport (Compliance and Miscellaneous) Act 1983
5.1In sections 12(1), 220AA(d), 220D, 220DA(3), 221(9) and 229(1A)(b) for "Director" (wherever occurring) substitute "Secretary".
5.2In section 56(1) for "Director" (wherever occurring) substitute "Secretary or the Public Transport Development Authority".
5.2In section 221U—
(a)in paragraph (e) of the definition of authorised person for "Director" substitute "Secretary";
(b)in the definitions of rail premises, railway track and tramway track, for "Director" substitute "Secretary on behalf of the Crown or the Public Transport Development Authority".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 14 September 2011
Legislative Council: 27 October 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Integration Act 2010 to establish the Public Transport Development Authority, to make related and consequential amendments to that Act, the Transport (Compliance and Miscellaneous) Act 1983 and certain other Acts and for other purposes."
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