Untitled document
Transport Legislation Amendment Act 2007
No. 69 of 2007
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purposes
2Commencement
PART 2—AMENDMENTS TO TRANSPORT ACT 1983
Division 1—Smartcards
3Definitions for Part VII
4General evidentiary provision
5New sections 230AB to 230AH inserted
230ABEvidentiary provision—smartcards
230ACCertificate of authorised officer who operated hand held reader
230ADCertificate in respect of prescribed devices and processes
230AENotice by informant
230AFNotice by defendant
230AGInformant may adduce evidence in relation to ticket offence
230AHRegulations
Division 2—Other amendments
6Definitions
7Director of Public Transport—Functions and powers
8Safety Director—Functions and powers
9New section 12 inserted
12Financial assistance to train drivers following fatal incidents
10New section 158A substituted
158ATouting
11Security cameras and the privacy of passengers
12Regulations relating to taxi-cab equipment
13Imposition of conditions of accreditation
14Disqualification by Director from ability to apply for accreditation
15Certificate of accreditation
16New sections 169EA to 169EC inserted
169EAMandatory suspension in certain circumstances
169EBReinstatement of driver accreditation in certain circumstances where it has been suspended
169ECPerson whose driver licence or probationary licence is suspended or cancelled must notify the Director
17Review of decision by VCAT
18New section 169R substituted
169ROffence not to notify change of address and give driver accreditation
19Notification of suspension or cancellation of accreditation
20New section 169WA inserted
169WAOperator must not permit non-accredited driver to drive commercial passenger vehicle etc.
21New section 169WB inserted
169WBHolder of accreditation must not permit non‑accredited driver to drive commercial passenger vehicle etc.
22Director may determine conditions
23New section 220DA inserted
220DAConditions relating to overseas student travel
24New section 222B inserted
222BInterference with prescribed equipment
25No requirement for photograph of officer on identity cards in certain cases
26Forfeiture
27New section 228ZX inserted
228ZXForfeiture of seized thing
28Compensation for damage caused during exercise of powers under Division 4B of Part VII
29Improvement notices
30New section 228ZZH substituted
228ZZHClearance certificates for improvement notices
31Proceedings for offences not affected by improvement notices
32Prohibition notice
33New section 228ZZKA inserted
228ZZKAOral direction before prohibition notice served
34New section 228ZZN substituted
228ZZNCertificates that matters that give rise to immediate risks to safety remedied
35Proceedings for offences not affected by prohibition notices
36Reviewable decisions
37New sections 230DA to 23DC inserted
230DAExclusion orders
230DBCorporations Act displacement
230DCContravention of exclusion order
38Saving of delegations
39Transitional provisions—taxi-cab accreditation
40Statute law revision
PART 3—AMENDMENTS TO PUBLIC TRANSPORT COMPETITION ACT 1995
41New definition of motor vehicle inserted and definition of bus amended
42Conditions of accreditation
43New Division 1 heading inserted into Part 3
44Associate (sub-contracted) operators
45New Division 2 heading inserted into Part 3
46Interested persons
47Service contracts may also provide for penalties for breaches of performance requirements
48New section 27A inserted
27ACivil penalty provisions in operative service contracts
49Regions or routes of operation
50Repeal of section 29 because of insertion of new Division 4 of Part 3
51New Division 3 heading inserted into Part 3
52Variation, suspension or cancellation of service contracts
53New Divisions 4 and 5 of Part 3 inserted
Division 4—New regular passenger services
Subdivision 1—Interpretation
30ADefinitions
30BWhen is an affected service contract holder a materially affected service contract holder?
30CCertain affected service contract holders may be materially affected service contract holders
Subdivision 2—Stage 1 procurement process (affected service contract holders)
30DProposed new regular passenger services that will affect only one service contract holder
30EProposed new regular passenger service that will affect more than one existing service contract holder—
Stage 130FOutcome of stage 1 of procurement process if an affected service contract holder is successful
30GEnd of stage 1 process—No agreement (and there is no materially affected service contract holder)
30HEnd of stage 1 process—No agreement (and there is a materially affected service contract holder)
Subdivision 3—Stage 2 procurement process (materially affected service contract holders)
30IStage 2 procurement process—Only one materially affected service contract holder
30JStage 2 procurement process—More than one materially affected service contract holder
30KOutcome of stage 2 procurement process—More than one materially affected service contract holder
Division 5—Transfer of property used in provision of regular passenger services
30LDefinitions
30MProperty of certain holders of service contracts and associated operators
30NAllocation statement
30ORelevant property transferred in accordance with statement
30PAllocation of relevant property subject to
encumbrances30QCertificate of Director
30RConsideration for transferred property
30SFormer transferor instruments and agreements
30TInterests in land
30UAmendment of Register
30VProceedings
30WTaxes
30XEvidence
30YValidity of things done under this Division
30ZCorporations Act displacement
PART 4—AMENDMENTS TO RAIL SAFETY ACT 2006
54Amendment of definitions
55Rail safety work
56Principle of shared responsibility
57New section 22A inserted
22ADuties of persons providing rail operations by means of contracted personnel
58Rail operator must consult before establishing safety management system
59New section 29 substituted
29Safety audits
60New Division heading inserted in Part 4
61New Division 2 inserted in Part 4
Division 2—Safety interface agreements
34AWhat is a safety interface agreement?
34BSafety interface assessment by rail operator—rail operations
34CSafety interface assessment by rail infrastructure manager—rail infrastructure and public roadways or pathways
34DSafety interface assessment by rail infrastructure manager—rail infrastructure and relevant roadways or pathways
34ESafety interface assessment by relevant road manager of public roadway or pathway
34FSafety interface assessment by relevant road manager of relevant roadway or pathway
34GRequirements under sections 34E and 34F not to affect relevant road manager's functions, obligations or
powers34HIdentification and assessment of risks
34ISafety interface agreements
34JSafety Director may give directions if persons fail to make safety interface agreements
34KRegister of safety interface agreements
62Application for variation of accreditation is required in certain cases
63New sections 54A and 54B inserted
54AWhere application for variation relates to co‑operative rail operations
54BPrescribed conditions and restrictions
64Accreditation exemptions for private siding rail operations
65New section 69A inserted
69AAccredited rail operators to provide information
66General regulation making powers
67Expiry of transitional accreditations and post new scheme accreditations
PART 5—AMENDMENTS TO OTHER ACTS
Division 1—Marine Act 1988
68Power to prosecute
Division 2—Rail Corporations Act 1996
69Clearance of trees etc.
70New section 60A inserted
60ARelevant rail operator to whom this section applies may clear trees without obtaining permit
Division 3—Road Management Act 2004
71Definition
Division 4—Road Safety Act 1986
72Definitions
73Power to prosecute
74Service of parking infringement notices
Division 5—Terrorism (Community Protection) Act 2003
75New section 27A inserted
27ADelegation
76Reference to relevant Minister
Division 6—Transport (Taxi-cab Accreditation and Other Amendments) Act 2006
77Reference to Division
78Definition of taxi-cab network service
79Duration of accreditation
80Conditions and standards affecting accreditation
81Effect of suspension of accreditation
82Regulations
83Effect on taxi-cab licences of certain outcomes
Division 7—Amendment to Victims of Crime Assistance Act 1996
84Transport Act entitlement to be taken into account
PART 6—EXPIRY OF ACT
85Expiry of Act
═══════════════
ENDNOTES
Transport Legislation Amendment Act 2007
No. 69 of 2007
[Assented to 11 December 2007]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Transport Act 1983—
(i)to facilitate the use of smartcards for public transport; and
(ii)to otherwise improve the operation and enforcement of that Act; and
(b)to amend the Public Transport Competition Act 1995—
(i)in relation to regular passenger service contracts; and
(ii)to otherwise improve the operation of that Act; and
(c)to amend the Rail Safety Act 2006 to improve the operation of that Act; and
(d)to make miscellaneous amendments to—
(i)the Marine Act 1988; and
(ii)the Rail Corporations Act 1996; and
(iii)the Road Management Act 2004; and
(iv)the Road Safety Act 1986; and
(v)the Terrorism (Community Protection) Act 2003; and
(vi)the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006; and
(vii)the Victims of Crime Assistance Act 1996.
2Commencement
(1)This Part, sections 6, 7, 8, 11, 13 to 20, 22 to 32, 34 to 37, 39, 40(1), 40(3), 40(4), 40(6), 54(2), 56, 59 and 67, Part 3 (except section 42) and Divisions 1, 2, 5 and 6 of Part 5 and Part 6 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), section 9 and Division 7 of Part 5 come into operation on a day to be proclaimed.
(3)If section 9 and Division 7 of Part 5 do not come into operation before 1 July 2008, they come into operation on that day.
(4)Section 38 is deemed to have come into operation on 7 August 2006.
(5)Sections 40(2) and 42 are deemed to have come into operation on 1 July 2007.
(6)Section 40(5) is deemed to have come into operation on 30 March 2007.
(7)Sections 54(1), 58, 60, 61, 64 and 66 and Division 3 of Part 5 come into operation on 1 July 2010.
(8)Section 55 comes into operation on 1 March 2008.
(9)Sections 62 and 63 come into operation on 1 July 2008.
(10)Subject to subsection (11), Division 4 of Part 5 comes into operation on a day to be proclaimed.
(11)If Division 4 of Part 5 does not come into operation before 1 July 2008, it comes into operation on that day.
(12)Subject to subsection (13), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(13)If a provision referred to in subsection (12) does not come into operation before 1 January 2009, it comes into operation on that day.
__________________
PART 2—AMENDMENTS TO TRANSPORT ACT 1983
Division 1—Smartcards
3Definitions for Part VII
In section 208 of the Transport Act 1983 insert the following definitions—
"hand held reader means a portable device or combination of portable devices capable of copying or transferring information from a smartcard and displaying and recording that information;
prescribed device means—
(a)a smartcard; or
(b)a hand held reader of a prescribed kind; or
(c)any other device prescribed by the regulations for the purposes of sections 230AB, 230AD and 230AE;
smartcard means a plastic card or other thing that—
(a)contains an imbedded computer microchip capable of receiving, storing, processing and transferring information; and
(b)may lawfully be used for the purpose of obtaining or proving an entitlement to use a public transport service;".
4General evidentiary provision
After section 230(6) of the Transport Act 1983 insert—
"(7)A certificate purporting to be issued by—
(a)the Public Transport Ticketing Body; or
(b)the Chief Executive Officer of that Body; or
(c)an officer, employee or agent of that Body authorised for that purpose by the Chief Executive Officer of that Body—
certifying as to any matter relating to a smartcard issued by or on behalf of that Body that appears in or can be calculated from the records kept by that Body is admissible in evidence in any proceedings (other than proceedings for a ticket offence) and, in the absence of evidence to the contrary, is proof of that matter.".
5New sections 230AB to 230AH inserted
After section 230A of the Transport Act 1983 insert—
"230AB Evidentiary provision—smartcards
(1)If a fact relating to a smartcard is relevant in proceedings relating to a ticket offence, evidence of that fact as indicated or determined by a prescribed device that was used in the prescribed manner (if any) or by a printed document that was produced by a prescribed process is admissible in evidence in those proceedings.
(2)For the purposes of this section, a fact relates to a smartcard if it relates to—
(a)the smartcard itself, including its type, identifying numbers and manner of acquisition; or
(b)the holder of the smartcard; or
(c)the existence, or possible existence, of an entitlement to use a public transport service; or
(d)the use of the smartcard.
230ACCertificate of authorised officer who operated hand held reader
(1)A certificate purporting to be issued by an authorised officer who used a hand held reader to copy or transfer information from a smartcard produced to the authorised officer for inspection certifying as to the information copied or transferred from the smartcard in relation to all or any of the following matters—
(a)the card number;
(b)the card type;
(c)the name of the card holder (if applicable);
(d)the use of the card;
(e)the entitlement to use a public transport service—
is admissible in evidence in any proceedings relating to a ticket offence.
(2)Subject to section 230AF, if a certificate is issued under subsection (1) in respect of a smartcard, it is presumed for the purposes of any proceedings relating to a ticket offence that the smartcard had accurately recorded and discharged the information copied or transferred from it by the hand held reader.
230ADCertificate in respect of prescribed devices and processes
A certificate purporting to be issued by a person authorised by the Public Transport Ticketing Body or the Chief Executive Officer of that Body certifying that—
(a)at all relevant times the prescribed devices specified in the certificate had operated correctly and had indicated or determined the facts (if any) stated in the certificate; or
(b)at all relevant times, the printed documents specified in the certificate had been produced by a prescribed process—
is admissible in evidence in any proceedings relating to a ticket offence.
230AENotice by informant
(1)If the informant in proceedings relating to a ticket offence serves on the defendant, by the required time, a copy of a certificate referred to in section 230AC, the certificate is conclusive proof of—
(a)the facts and matters stated in that certificate; and
(b)the fact that the hand held reader used was a prescribed device; and
(c)the fact that the hand held reader was used in the prescribed manner (if any); and
(d)the fact that the hand held reader had operated correctly.
(2)If the informant in proceedings relating to a ticket offence serves on the defendant, within the required time, a notice setting out the presumptions set out in section 230AC(2), the facts that are the subject of the presumptions are to be taken to have been conclusively proved.
(3)If the informant in proceedings relating to a ticket offence serves on the defendant, within the required time, copy of a certificate referred to in section 230AD, the certificate is conclusive proof—
(a)that the person giving the certificate was authorised to do so; and
(b)in the case of a certificate under section 230AD(a) of—
(i)the fact that at all relevant times the prescribed devices specified in the certificate had operated correctly; and
(ii)the facts (if any) stated in the certificate as indicated or determined by the prescribed devices; and
(c)in the case of a certificate under section 230AD(b) of—
(i)the fact that at all relevant times the printed documents specified in the certificate had been produced by a prescribed process; and
(ii)the facts indicated or determined by the printed documents.
(4)This section is subject to section 230AF.
(5)In this section required time means no less than 56 days before the hearing for the relevant ticket offence.
230AFNotice by defendant
(1)The defendant in any proceedings relating to a ticket offence may give notice in writing to the informant not less than 28 days before the hearing, or any shorter period ordered by the court or agreed to by the informant, that—
(a)he or she requires the person giving a certificate referred to in section 230AD to be called as a witness; or
(b)he or she intends to adduce evidence in rebuttal of any fact or matter—
(i)stated in a certificate referred to in section 230AC or 230AD; or
(ii)referred to in section 230AE(1) or 230AE(3); or
(c)he or she intends to adduce evidence in rebuttal of any fact that is the subject of a presumption set out in section 230AC(2).
(2)A notice under subsection (1) must specify any fact or matter with which issue is taken and indicate the nature of any expert evidence that the defendant intends to have adduced at the hearing.
(3)The defendant may not, except with the leave of the court, introduce expert evidence at the hearing if the nature of that evidence was not indicated in a notice under subsection (1).
(4)Subject to subsection (7), if a defendant gives a notice to the informant in accordance with subsection (1)(a), the certificate remains admissible as evidence of the facts or matters contained in the certificate or referred to in section 230AE(3) but ceases to be conclusive proof of those facts or matters.
(5)Despite any order under subsection (7), if a defendant gives a notice to the informant under subsection (1)(b) in relation to a fact or matter contained in a certificate or referred to in section 230AE(1) or 230AE(3), the certificate—
(a)remains admissible as evidence of that fact or matter but ceases to be conclusive proof of that fact or matter; and
(b)remains admissible as conclusive proof of the facts or matters contained in the certificate or referred to in section 230AE(1) or 230AE(3) that are not specified in the notice.
(6)If a defendant gives notice to the informant under subsection (1)(c) in relation to a fact set out in section 230AC(2), that fact ceases to be presumed and ceases to be taken to be conclusively proved but the certificate if admitted in evidence is deemed to be evidence of that fact.
(7)If a defendant gives notice to the informant in accordance with subsection (1)(a) that he or she requires the person giving a certificate referred to in section 230AD to be called as a witness and the court is satisfied that that person—
(a)is dead; or
(b)is unfit by reason of his or her bodily or mental condition to testify as a witness; or
(c)has ceased to be a person authorised by the Public Transport Ticketing Body or the Chief Executive Officer of that Body or is out of Victoria and it is not reasonably practicable to secure his or her attendance; or
(d)cannot with reasonable diligence be found—
the court must order that section 230AE has effect as if the notice had not been given.
230AGInformant may adduce evidence in relation to ticket offence
(1)Nothing in section 230AE prevents the informant adducing evidence to explain any fact or matter contained in a certificate referred to in that section.
(2)If an informant adduces evidence as provided in subsection (1), the certificate remains admissible in evidence but ceases to be conclusive proof of that fact or matter only.
230AHRegulations
(1)The Governor in Council may make regulations for or with respect to—
(a)prescribing devices for the purposes of sections 230AB, 230AD and 230AE and the manner of using (including testing) those devices; and
(b)the processes for loading information onto a prescribed device, copying or transferring information between prescribed devices, storing of information by a prescribed device and producing a printed record of information stored by a prescribed device; and
(c)generally prescribing any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division.
(2)The regulations—
(a)may be of general or of specially limited application; and
(b)may differ according to differences in time, place or circumstance; and
(c)may require a matter affected by the regulations to be—
(i)in accordance with a specified standard or specified requirement; or
(ii)approved by or to the satisfaction of a specified person or a specified class of person; or
(iii)as specified in both subparagraphs (i) and (ii); and
(d)may apply, adopt or incorporate any matter contained in any document whether—
(i)wholly or partially or as amended by the regulations; or
(ii)as in force at a particular time or as in force from time to time; and
(e)may confer a discretionary authority or impose a duty on a specified person or a specified class of person.".
Division 2—Other amendments
6Definitions
In section 2(1) of the Transport Act 1983 insert the following definitions—
"entitlement to use a public transport service includes an entitlement to use a public transport service arising under a contract or arrangement with, or under a licence or permission given by, the Public Transport Ticketing Body or a bus company or passenger transport company;
Public Transport Ticketing Body means—
(a)the State body established for the purposes of the State Owned Enterprises Act 1992 by Order in Council made on 17 June 2003 and published in Special Government Gazette S119 on 17 June 2003; or
(b)if the State body referred to in paragraph (a) is declared to be a State business corporation (by whatever name called) under the State Owned Enterprises Act 1992, that State business corporation;".
7Director of Public Transport—Functions and powers
(1)In section 9(7) of the Transport Act 1983, before "power of the Director" insert "function or".
(2)In section 9AA of the Transport Act 1983, for "9(4)" substitute "9(4)(b) or 9(4)(ba)".
8Safety Director—Functions and powers
(1)In section 9T(1)(b)(iii) of the Transport Act 1983, for "that the Minister may make" substitute "made".
(2)In section 9Y of the Transport Act 1983 after "her" (where first occurring) insert "functions or".
9New section 12 inserted
After section 11 of the Transport Act 1983 insert—
"12 Financial assistance to train drivers following fatal incidents
(1)The Director of Public Transport must grant to a train driver engaged by a train operator an amount of financial assistance equal to the prescribed amount if the Director is satisfied that the train driver is eligible under this section to be awarded that amount.
(2)A train driver is eligible under this section to be awarded financial assistance if—
(a)the train drive r was driving a train that was involved in an incident in which one or more persons died either by being struck by the train or by being in a vehicle struck by a train; and
(b)the incident occurred on or after the commencement of section 9 of the Transport Legislation Amendment Act 2007.
(3)A train driver is not eligible for financial assistance under this section if the train driver was convicted or found guilty of an offence under Part 6 of the Rail Safety Act 2006 involving alcohol or drugs in relation to the incident.
(4)The financial assistance granted under this section must be paid out of the Public Transport Fund as a lump sum.
(5)Despite anything to the contrary in the Accident Compensation Act 1985 or the Transport Accident Act 1986, a grant of financial assistance under this section is not to be taken into account in determining any amount of compensation, assistance or payment of any kind that the train driver is entitled to receive under either of those Acts.
Note
The financial assistance that a train driver has been awarded or is eligible to be awarded under this section is to be taken into account to reduce the amount of financial assistance awarded to the train driver under the Victims of Crime Assistance Act 1996. See section 16(ac) of that Act.
(6)In this section the prescribed amount of financial assistance is $1300 or any higher amount that is prescribed as the maximum amount for the purposes of section 8A of the Victims of Crime Assistance Act 1996 in relation to a category C act of violence.".
10New section 158A substituted
For section 158A of the Transport Act 1983 substitute—
"158A Touting
(1)A person who at a specified place—
(a)touts for the business of the hire of a motor vehicle; or
(b)makes an offer to hire a motor vehicle; or
(c)solicits custom for the hire of a motor vehicle; or
(d)induces a person to hire a motor vehicle—
by personally approaching a person on his or her own behalf or on behalf of another person or by displaying advertising material on or about his or her person is guilty of an offence.
(2)A person who at a place other than a specified place—
(a)touts for the business of the hire of a motor vehicle; or
(b)makes an offer to hire a motor vehicle; or
(c)solicits custom for the hire of a motor vehicle; or
(d)induces a person to hire a motor vehicle—
by personally approaching a person on his or her own behalf or on behalf of another person or by displaying advertising material on or about his or her person is guilty of an offence.
(3)A person who is guilty of an offence under this section is liable to a penalty not exceeding 50 penalty units.
(4)A person is not guilty of an offence under subsection (2) if—
(a)the motor vehicle is a licensed commercial passenger vehicle; and
(b)the conduct set out in subsection (2) is not in breach of the conditions of the licence or the regulations.
(5)The Director of Public Transport may by notice published in the Government Gazette specify places for the purposes of this section.
(6)In this section—
advertising material does not include an insignia or business name when it forms part of a uniform;
hire, in relation to a motor vehicle, means the hire of that vehicle together with the provision of a driver.".
11Security cameras and the privacy of passengers
In sections 158B(1) and 158B(2) of the Transport Act 1983, after "regulations" (wherever occurring) insert "(if any)".
12Regulations relating to taxi-cab equipment
After section 162(1)(bb) of the Transport Act 1983 insert—
"(bc)information derived from or contained in equipment permitted by or under the regulations to be used in or on a taxi-cab, including—
(i)the keeping of the information; and
(ii)the provision of the information to the licensing authority; and
(iii)the inspection or auditing of the information by or on behalf of the licensing authority;".
13Imposition of conditions of accreditation
After section 169A(3) of the Transport Act 1983 insert—
"(4)The Director must give the person to whom a driver accreditation is issued, or whose driver accreditation is renewed, a written copy of any conditions the Director imposes on the relevant driver accreditation.".
14Disqualification by Director from ability to apply for accreditation
(1)In section 169C(3)(b) of the Transport Act 1983, for "category 1 offence" substitute "category 2 offence or category 3 offence".
(2)Sections 169C(5)(c) and 169C(5)(d) of the Transport Act 1983 are repealed.
15Certificate of accreditation
(1)In section 169D(b)(ii) of the Transport Act 1983, for "drive; and" substitute "drive.".
(2)Section 169D(b)(iii) of the Transport Act 1983 is repealed.
16New sections 169EA to 169EC inserted
After section 169E of the Transport Act 1983 insert—
"169EA Mandatory suspension in certain circumstances
(1)This section applies if the holder of a driver accreditation has his or her driver licence or probationary licence under the Road Safety Act 1986 suspended or cancelled under that Act.
(2)The Director must suspend that person's driver accreditation.
(3)A suspension under this section of a driver accreditation remains in force until the Director reinstates the accreditation of the person in accordance with section 169EB.
169EBReinstatement of driver accreditation in certain circumstances where it has been suspended
The Director must reinstate the accreditation of a person suspended in accordance with section 169EA if—
(a)the person gives evidence, to the satisfaction of the Director, that—
(i)the suspension of the person's driver licence or probationary licence under the Road Safety Act 1986 has ceased; or
(ii)the person has been granted a driver licence or probationary licence under the Road Safety Act 1986; and
(b)there are no grounds for the Director to consider taking action under section 169I(1).
169ECPerson whose driver licence or probationary licence is suspended or cancelled must notify the Director
The holder of a driver accreditation, whose driver licence or probationary licence under the Road Safety Act 1986 is suspended or cancelled under that Act, must, within 7 days of that suspension or cancellation—
(a)notify the Director of that suspension or cancellation; and
(b)return to the Director his or her certificate of accreditation.
Penalty:5 penalty units.".
17Review of decision by VCAT
(1)In section 169O(1)(c) of the Transport Act 1983, for "Division." substitute "Division; or".
(2)After section 169O(1)(c) of the Transport Act 1983 insert—
"(d)a determination of the Director to disqualify the person from applying for the issue of an accreditation under this Division (where the person's application for the issue or renewal of that accreditation is refused); or
(e)a decision of the Director not to, or a failure by the Director to, under section 169EB reinstate the accreditation of a person suspended in accordance with section 169EA.".
18New section 169R substituted
For section 169R of the Transport Act 1983 substitute—
"169R Offence not to notify change of address and give driver accreditation
The holder of a driver accreditation must, within 7 days of changing his or her residential address—
(a)notify the Director of the change of residential address; and
(b)return to the Director his or her certificate of accreditation.
Penalty:5 penalty units.".
19Notification of suspension or cancellation of accreditation
(1)In section 169S of the Transport Act 1983—
(a)for "person who holds a licence or accreditation to operate a vehicle as a commercial passenger vehicle under Division 5," substitute "relevant operator"; and
(b)for "holder of the licence or accreditation" substitute "relevant operator".
(2)At the end of section 169S of the Transport Act 1983 insert—
"(2)In this section—
relevant operator means a person who—
(a)is the operator of a taxi-cab; or
(b)holds a licence granted under Division 5 in respect of a commercial passenger vehicle (other than a taxi-cab); or
(c)is an accredited person.
Note
Accredited person is defined in the Public Transport Competition Act 1995. See also section 3(3) of that Act.".
20New section 169WA inserted
After section 169W of the Transport Act 1983 insert—
"169WAOperator must not permit non-accredited driver to drive commercial passenger vehicle etc.
(1)In this section—
relevant operator means a person who—
(a)is an operator of a taxi-cab; or
(b)holds a licence granted under Division 5 in respect of a commercial passenger vehicle (other than a taxi-cab); or
(c)is an accredited person.
Note
Accredited person is defined in the Public Transport Competition Act 1995. See also section 3(3) of that Act.
(2)A relevant operator must not permit a person who is not a holder of a driver accreditation (the second person) to drive—
(a)a commercial passenger vehicle operated by the relevant operator; or
(b)a vehicle being used by the relevant operator for the operation of a private bus service.
Penalty:10 penalty units.
(3)A relevant operator is not guilty of an offence under subsection (2) if the operator believed, after making all reasonable enquiries, that the second person was the holder of a driver accreditation.".
21New section 169WB inserted
After section 169WA of the Transport Act 1983 insert—
"169WB Holder of accreditation must not permit non‑accredited driver to drive commercial passenger vehicle etc.
(1)The holder of a driver accreditation must not permit a person who is not a holder of a driver accreditation (the second person) to drive—
(a)a commercial passenger vehicle; or
(b)a vehicle being used for the operation of a private bus service.
Penalty:10 penalty units.
(2)A holder of a driver accreditation is not guilty of an offence under subsection (1) if the holder believed, after making all reasonable enquiries, that the second person was the holder of a driver accreditation.".
22Director may determine conditions
After section 220D(1) of the Transport Act 1983 insert—
"(1A)A condition determined under subsection (1) may apply, adopt or incorporate any matter contained in any document whether—
(a)wholly or partially or as amended by the condition; or
(b)as in force at a particular time or as in force from time to time.".
23New section 220DA inserted
After section 220D of the Transport Act 1983 insert—
"220DA Conditions relating to overseas student travel
(1)The conditions determined under section 220D(1) may include a condition providing that overseas students or specified classes of overseas students are not eligible for student concessions to use a public transport service.
(2)If the conditions under section 220D include a condition of a kind referred to in subsection (1), overseas students or overseas students of a class specified in the condition are not entitled to student concessions to use a public transport service to which the condition applies.
(3)The determination or publication by the Director under section 220D of, or compliance by a person with, a condition of a kind referred to in subsection (1) does not constitute discrimination on the basis of race for the purposes of the Equal Opportunity Act 1995.
(4)For the avoidance of doubt it is declared that—
(a)the determination or publication by the Director under section 220D of, or the compliance by a person with, any condition determined under section 220D before the commencement day; or
(b)the approval by the Secretary or Director of the determination of, or the determination or publication by a passenger transport company or a bus company of, or the compliance by any person with, any condition determined under section 221(1A) before its repeal—
that provided that overseas students or overseas students of a class specified in the condition were not eligible for student concessions to use a public transport service is to be taken—
(c)never to have constituted discrimination on the basis of race for the purposes only of the Equal Opportunity Act 1995; and
(d)to be and always to have been conduct that was authorised.
(5)Subsection (4) does not apply to affect—
(a)any decision in respect of, or any proceeding arising from, Complaint No. 3064890 before the Victorian Human Rights and Equal Opportunity Commission to the extent only that that complaint or proceeding applies to the individual named in the complaint, as at 23 March 2007, as the person on whose behalf the complaint was lodged; or
(b)any proceeding that was completed or in which judgment was given before the commencement day.
(6)In this section—
commencement day means the date of commencement of section 23 of the Transport Legislation Amendment Act 2007;
overseas student means a person holding a visa under the Migration Act 1958 of the Commonwealth which allows the person, whether expressly or otherwise, to study in Victoria but does not include a person who is—
(a)an Australian citizen; or
(b)a permanent resident of Australia; or
(c)a student with refugee status; or
(d)an overseas exchange student; or
(e)in receipt of an Australian Development Scholarship from the Commonwealth Government.".
24New section 222B inserted
Before section 223 of the Transport Act 1983 insert—
"222B Interference with prescribed equipment
(1)A person must not—
(a)move or attempt to move; or
(b)interfere with or attempt to interfere with; or
(c)tamper or attempt to tamper with—
any prescribed equipment or equipment in a prescribed class of equipment owned by the Public Transport Ticketing Body or operated by or on behalf of the Public Transport Ticketing Body.
Penalty:20 penalty units.
(2)Subsection (1) does not apply to anything done by any person acting on behalf of, or with the permission of, the Public Transport Ticketing Body.".
25No requirement for photograph of officer on identity cards in certain cases
(1)In section 228U(2) of the Transport Act 1983—
(a)in paragraph (a), omit "and a photograph";
(b)in paragraph (b), for "this Division." substitute "section 228T; and";
(c)after paragraph (b) insert—
"(c)subject to subsection (3), contain a photograph of the transport safety officer appointed under section 228T.".
(2)After section 228U(2) of the Transport Act 1983 insert—
"(3)An identity card need not contain a photograph of the transport safety officer if the officer being issued with the identity card has been appointed under section 228T to only exercise powers under Part 6 of the Rail Safety Act 2006.".
26Forfeiture
In section 228ZV(2)(c) of the Transport Act 1983 omit "under an order".
27New section 228ZX inserted
For section 228ZX of the Transport Act 1983 substitute—
"228ZX Forfeiture of seized thing
(1)Any thing that a transport safety officer has seized and retained under this Division is forfeited to the State if the transport safety officer—
(a)cannot find the thing's owner despite making reasonable enquiries; or
(b)cannot return the thing to the owner despite making reasonable efforts; or
(c)considers it necessary to retain the thing to prevent the commission of an offence against a relevant transport safety law.
(2)If a thing is forfeited to the State under subsection (1)(c), the transport safety officer must notify (in writing) the owner accordingly, setting out how the owner may seek review of the decision to forfeit the thing, unless the transport safety officer cannot find the owner despite making reasonable enquiries.".
28Compensation for damage caused during exercise of powers under Division 4B of Part VII
In section 228ZZB(2)(b) of the Transport Act 1983 for "in searching for" substitute
"in inspecting, or searching for,".
29Improvement notices
In section 228ZZC(6) of the Transport Act 1983 for "has certified in writing that the contravention, likely contravention, matters or activities have been remedied" substitute "serves a clearance certificate under section 228ZZH".
30New section 228ZZH substituted
For section 228ZZH of the Transport Act 1983 substitute—
"228ZZH Clearance certificates for improvement notices
(1)This section applies if the Safety Director or a transport safety officer is satisfied that a relevant person served with an improvement notice has complied with all the requirements of, or a requirement of, that notice.
(2)The Safety Director or a transport safety officer must serve a clearance certificate on the relevant person to the effect that (as the case requires)—
(a)all of the requirements of the improvement notice have been complied with; or
(b)the specific requirement of the improvement notice has been complied with.
(3)The clearance certificate must be served as soon as practicable after the Safety Director or a transport safety officer is so satisfied.
(4)A requirement of the improvement notice to which the clearance certificate relates ceases to be operative on receipt by the relevant person of that certificate.".
31Proceedings for offences not affected by improvement notices
(1)In the heading to section 228ZZI of the Transport Act 1983 after "notices" insert
"or clearance certificates".
(2)At the end of section 228ZZI of the Transport Act 1983 insert—
"(2)The issue of a clearance certificate under section 228ZZH in respect of an improvement notice does not affect any proceedings for an offence against a relevant transport safety law in connection with any matter in respect of which the improvement notice was served.".
32Prohibition notice
In section 228ZZJ(2) of the Transport Act 1983 for "has certified in writing that the matters that give or will give rise to the risk have been remedied" substitute "serves a certificate under section 228ZZN".
33New section 228ZZKA inserted
After section 228ZZK of the Transport Act 1983 insert—
"228ZZKA Oral direction before prohibition notice served
(1)This section applies if the Safety Director or a transport safety officer—
(a)believes on reasonable grounds that an activity referred to in section 228ZZJ(1) is occurring or may occur; and
(b)considers that it is not possible or reasonable to immediately serve a prohibition notice under that section.
(2)The Safety Director or transport safety officer may give an oral direction to a person who has or appears to have control over the activity to do or not to do a stated act by telling the person—
(a)to do or not to do the stated act; and
(b)the reason for the Safety Director or transport safety officer giving the direction.
(3)A person to whom a direction is given under subsection (2) must comply with the direction unless the person has a reasonable excuse.
Penalty:In the case of a natural person, 500 penalty units;
In the case of a body corporate, 2500 penalty units.
(4)It is a reasonable excuse if the Safety Director or transport safety officer did not tell the person that the person commits an offence if the person does not comply with the direction.
(5)If the Safety Director or transport safety officer gives a direction under subsection (2) in respect of an activity but does not, within 5 days after giving the direction, serve a prohibition notice in respect of the activity, the direction ceases to have effect.
(6)An offence against subsection (3) is an indictable offence.
Note
However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989).".
34New section 228ZZN substituted
For section 228ZZN of the Transport Act 1983 substitute—
"228ZZN Certificates that matters that give rise to immediate risks to safety remedied
(1)This section applies if the Safety Director or a transport safety officer is satisfied that a relevant person served with a prohibition notice has remedied all of the matters or a matter—
(a)that gave, or will give, rise to an immediate risk to the safety of a person or rail operations because of the carrying out of the activity; and
(b)specified in the prohibition notice.
(2)The Safety Director or a transport safety officer must serve a certificate on the relevant person to the effect that (as the case requires)—
(a)all of the matters or the matter that gave rise to an immediate risk to the safety of a person or rail operations because of the activity specified in the prohibition notice have been remedied; or
(b)all of the matters or the matter that could have given rise to an immediate risk to the safety of a person or rail operations because of the activity specified in the prohibition notice have been remedied.
(3)The certificate must be served as soon as practicable after the Safety Director or transport safety officer is so satisfied.
(4)A matter raised in the prohibition notice that has been remedied to the satisfaction of the Safety Director or transport safety officer, and to which the certificate relates, ceases to be operative on receipt by the relevant person of that certificate.".
35Proceedings for offences not affected by prohibition notices
(1)In the heading to section 228ZZO of the Transport Act 1983 after "notices" insert
"or certificates issued under section 228ZZN".
(2)In section 228ZZO of the Transport Act 1983 after "service" insert ", amendment or withdrawal".
(3)At the end of section 228ZZO of the Transport Act 1983 insert—
"(2)The issue of a certificate under section 228ZZN in respect of a prohibition notice does not affect any proceedings for an offence against a relevant transport safety law in connection with any matter in respect of which the prohibition notice was served.".
36Reviewable decisions
(1)In section 228ZZQ(1)(a) of the Transport Act 1983, after "Subdivisions" insert "7,".
(2)In the Table in section 228ZZQ of the Transport Act 1983, before item 1 insert the following item—
"1AA Section 228ZX (forfeiture of seized things) The owner of the thing forfeited.".
37New sections 230DA to 23DC inserted
After section 230D of the Transport Act 1983 insert—
"230DA Exclusion orders
(1)A court that finds a person guilty of an offence against a relevant transport safety law may, on the application of the prosecutor or the Safety Director, if the court considers the person to be a systematic or persistent offender against the relevant transport safety laws, make an order under this section.
(2)For the purpose of restricting opportunities for the person to commit or be involved in the commission of further offences against relevant transport safety laws, the court may, if it considers it appropriate to do so, make an exclusion order prohibiting the person, for a specified period, from—
(a)managing rail infrastructure, or operating rolling stock, or managing or operating a particular type of rail infrastructure or rolling stock; or
(b)being a director, secretary or officer concerned in the management of a body corporate involved in managing rail infrastructure that is in the State or operating rolling stock in the State; or
(c)being involved in managing rail infrastructure that is in the State or operating rolling stock in the State except by driving a train or rolling stock.
(3)The court may only make an order under this section if it is satisfied that the person should not continue the things the subject of the proposed order and that a supervisory intervention order under section 230C is not appropriate, having regard to—
(a)the offences against a relevant transport safety law of which the person has previously been found guilty; and
(b)any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with rail operations.
(4)A court that has power to make an exclusion order may revoke or amend the exclusion order on the application of—
(a)the Safety Director; or
(b)the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting the revocation or amendment.
230DBCorporations Act displacement
Section 230DA is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D of that Act.
Note
Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.
230DCContravention of exclusion order
A person who is subject to an exclusion order must not engage in conduct that results in a contravention of the order.
Penalty:In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.".
38Saving of delegations
After section 271(1) of the Transport Act 1983 insert—
"(1A)An instrument of delegation made by the Secretary under section 32(1A) and in force immediately before the commencement of section 31(1) of the Transport Legislation (Further Amendment) Act 2006 is on that commencement deemed to be an instrument of delegation made by the Director under section 9(7) to the extent that a power delegated under that instrument is a power under a relevant section or a power conferred on a licensing authority by or under this Act.".
39Transitional provisions—taxi-cab accreditation
(1)In section 272(1) of the Transport Act 1983 for "12 months" substitute "2 years".
(2)After section 272(2) of the Transport Act 1983 insert—
"(2A)If—
(a)an application for the grant of a taxi-cab licence under section 143 or 143A; or
(b)an application under section 149 for authority to transfer a taxi-cab licence; or
(c)an application under section 150 for authority to assign the right to operate a vehicle under a taxi-cab licence—
is made but not determined before the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, the application must be considered and determined in accordance with this Act as in force immediately before that commencement.
(2B)Subject to this section, a person who holds a taxi-cab licence—
(a)that was granted to the person in response to an application to which subsection (2A)(a) applies; or
(b)that was transferred to the person in response to an application to which subsection (2A)(b) applies—
is deemed for the period commencing on the date of the grant or transfer of the taxi-cab licence (as the case requires) and ending 2 years after the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 to be accredited under Division 4 of Part VI as a taxi-cab licence holder.
(2C)Subject to this section, a person to whom the right to operate a vehicle under a taxi-cab licence is assigned under an assignment for which an authority was given in response to an application to which subsection (2A)(c) applies is deemed for the period commencing on the date that the authority was given and ending 2 years after the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 to be accredited under Division 4 of Part VI as a taxi-cab operator.
(2D)Subject to this section, if, before a taxi-cab licence is granted or transferred to a person in response to an application to which subsection (2A)(a) or (2A)(b) applies, the licensing authority determines on reasonable grounds that the person does not intend to assign the right to operate a vehicle under the licence to another person—
(a)the licensing authority may determine that the person is to be accredited as a taxi-cab operator; and
(b)if a determination under paragraph (a) is made and notified in writing to the person, the person is deemed for the period commencing on the date that the licence was granted or transferred and ending 2 years after the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 to be accredited under Division 4 of Part VI as a taxi-cab operator.".
(3)In sections 272(3) and 272(4) of the Transport Act 1983 for "subsection (1) or (2)" substitute "subsection (1), (2), (2B), (2C) or (2D)".
40Statute law revision
(1)In section 32(1)(b) of the Transport Act 1983, for "sections 82 and" substitute "section".
(2)In section 86(1) of the Transport Act 1983, in the definition of driver accreditation, for "165" substitute "166".
(3)In section 221S(1) of the Transport Act 1983, for "221C(2)(a)" substitute "221C(1)(a)".
(4)In section 223 of the Transport Act 1983, for "owed" substitute "owned".
(5)In section 228H of the Transport Act 1983—
(a)in subsection (4)—
(i)for "(3) must" substitute "(2) must";
(ii)for "(5)" substitute "(3)";
(b)in subsection (5)(a), for "(3)" substitute "(1)".
(6)In section 228ZZJ(2) (where twice occurring), 228ZZJ(6) and 228ZZL(4) of the Transport Act 1983, for "carrying on" substitute "carrying out".
__________________
PART 3—AMENDMENTS TO PUBLIC TRANSPORT COMPETITION ACT 1995
41New definition of motor vehicle inserted and definition of bus amended
(1)In section 3(1) of the Public Transport Competition Act 1995 insert the following definition—
"motor vehicle means a motor vehicle within the meaning of the Road Safety Act 1986 and includes a trailer attached to the motor vehicle;".
(2)In section 3(1) of the Public Transport Competition Act 1995, in the definition of bus, after "means a" insert "motor".
42Conditions of accreditation
In section 10(1)(a) of the Public Transport Competition Act 1995, for "driver's certificate granted under section 156(2) of the Transport Act 1983 will be employed or engaged as a driver of" substitute "driver accreditation (within the meaning of section 86(1) of the Transport Act 1983) will be permitted to drive".
43New Division 1 heading inserted into Part 3
Before section 25 of the Public Transport Competition Act 1995 insert—
"Division 1—Service contract requirement for regular passenger services".
44Associate (sub-contracted) operators
After section 25(2) of the Public Transport Competition Act 1995 insert—
"(3)Subsection (1) or (2) does not apply if the person operates a regular passenger service within (or partly within) the State—
(a)under a subcontract or other arrangement with the holder of a service contract (the primary service contract); and
(b)the subcontract or other arrangement is authorised or otherwise permitted under the primary service contract.".
45New Division 2 heading inserted into Part 3
After section 25 of the Public Transport Competition Act 1995 insert—
"Division 2—Service contracts".
46Interested persons
For section 26(4) of the Public Transport Competition Act 1995 substitute—
"(4)In awarding a service contract the Director may apply any principles determined by him or her for the purpose of awarding service contracts.
(4A)The Director must give a copy of the principles referred to in subsection (4) to—
(a)a person whom the Director invites to tender for a service contract;
(b)a person who tenders for a service contract;
(c)a person who applies to the Director for the granting of a service contract;
(d)a person who requests, in writing, a copy of the principles.".
47Service contracts may also provide for penalties for breaches of performance requirements
For section 27(3)(b) of the Public Transport Competition Act 1995 substitute—
"(b)monetary or other penalties—
(i)for a breach of contract;
(ii)for a failure (not being a breach of contract) to meet a performance requirement specified in the contract;
(iii)payable on the termination of the contract;
(ba)the recovery of monetary and other penalties referred to in paragraph (b) in accordance with the contract or this Act;".
48New section 27A inserted
After section 27 of the Public Transport Competition Act 1995 insert—
"27A Civil penalty provisions in operative service contracts
(1)In this section—
operative service contract means a service contract that—
(a)is in force on the day on which section 48 of the Transport Legislation Amendment Act 2007 comes into operation; or
(b)is entered into on or after the day on which section 48 of the Transport Legislation Amendment Act 2007 comes into operation.
(2)This section applies if—
(a)an operative service contract makes provision for or with respect to a penalty—
(i)for a breach of the contract; or
(ii)for a failure (not being a breach of contract) to meet a performance requirement specified in the contract; or
(iii)that is payable on the termination of the contract; and
(b)that provision is expressed under the operative service contract to be a civil penalty provision for the purposes of this Act.
(3)A person is liable to pay, as a debt due to the State, the amount as required by a civil penalty provision in an operative service contract despite anything to the contrary in a rule of, or principle at, common law.".
49Regions or routes of operation
Section 28(3) of the Public Transport Competition Act 1995 is repealed.
50Repeal of section 29 because of insertion of new Division 4 of Part 3
Section 29 of the Public Transport Competition Act 1995 is repealed.
51New Division 3 heading inserted into Part 3
Before section 30 of the Public Transport Competition Act 1995 insert—
"Division 3—Variation, suspension, cancellation of service contracts".
52Variation, suspension or cancellation of service contracts
(1)In section 30(1) of the Public Transport Competition Act 1995, after "regulations" insert "or the service contract".
(2)For section 30(2) of the Public Transport Competition Act 1995 substitute—
"(2)If the service contract does not provide for any manner by which the Director may vary, suspend or cancel the service contract, the Director must—
(a)give a person referred to in subsection (1)(a) written notice of the intended action under that subsection; and
(b)allow that person to make written representations about that intended action within 10 working days before taking the intended action against that person.".
53New Divisions 4 and 5 of Part 3 inserted
After section 30 of the Public Transport Competition Act 1995 insert—
'Division 4—New regular passenger services
Subdivision 1—Interpretation
30ADefinitions
In this Division—
affected exclusive region means an exclusive region within which there will be a part of a route of operation for a new regular passenger service (whether or not that route of operation will overlap with or cross a route of operation along which a regular passenger service is provided);
affected exclusive route of operation means an exclusive route of operation—
(a)that will overlap with a part of a route of operation for a new regular passenger service; or
(b)over which a part of a route of operation for a new regular passenger service will cross;
affected service contract holder means a person who holds a service contract under which the person provides a regular passenger service—
(a)along an affected exclusive route of operation; or
(b)within an affected exclusive region;
exclusive region means a region of operation specified in a service contract within which the holder of the service contract provides a regular passenger service on an exclusive basis;
exclusive right of operation means a right, conferred under a service contract, to provide a regular passenger service—
(a)along an exclusive route of operation; or
(b)within an exclusive region,
except to the extent that that right is modified by the service contract, or extinguished by the service contract or by force of operation of a provision of this Act;
exclusive route of operation means a route of operation specified in a service contract along which the holder of the service contract provides a regular passenger service on an exclusive basis;
materially affected, in relation to an affected exclusive route of operation or affected exclusive region, has the meaning given by section 30B(2);
materially affected service contract holder has the meaning given by section 30B;
stage 2 procurement process means the process provided for under section 30J.
30BWhen is an affected service contract holder a materially affected service contract holder?
(1)An affected service contract holder is a materially affected service contract holder if—
(a)the affected service contract holder provides a regular passenger service—
(i)along an affected exclusive route of operation that will be materially affected; or
(ii)within an affected exclusive region that will be materially affected; or
(b)a determination under section 30C applies to that affected service contract holder.
(2)For the purposes of this section, an affected exclusive route of operation, or an affected exclusive region, will be materially affected if—
Xro >
where—
Xro is the relevant overlap (expressed as a percentage); and
Nis the number of affected service contract holders.
(3)In subsection (2), relevant overlap means—
where—
Ais—
(a)in the case of an affected exclusive route of operation—that part, or the sum of the parts, of the affected exclusive route of operation, as measured in vehicle service kilometres, that will, when the new regular passenger service is provided, overlap with, or cross, any part of the route of operation for the new regular passenger service (as measured in vskms);
(b)in the case of an affected exclusive region—that part, or the sum of the parts, of the route of operation along which the new regular passenger service will be provided that will be within that affected exclusive region of operation, as measured in vskms, (whether or not that route of operation will overlap with or cross another route of operation);
Bmeans the total length of the route of operation along which the new regular passenger service will be provided (as measured in vskms).
(4)In this section—
vehicle service kilometres or vskms means the length (measured in kilometres) of a route, or a part or a route, of operation for the provision of a regular passenger service multiplied by the number of times the regular passenger service is provided on that route in a day.
30CCertain affected service contract holders may be materially affected service contract holders
On application by an affected service contract holder, the Director may determine that that affected service contract holder is a materially affected service contract holder for the purposes of this Division if—
(a)the affected service contract holder provides a regular passenger service along an affected exclusive route of operation or within an affected exclusive region and that holder would be a materially affected service contract holder under section 30B(1)(a) if, in section 30B(2) for—
"Xro > ",
there were substituted—
"Xro > "; and
(b)the provision of a new regular passenger service will, in the Director's opinion, have a significant adverse impact on the business of that affected service contract holder.
Subdivision 2—Stage 1 procurement process (affected service contract holders)
30DProposed new regular passenger services that will affect only one service contract holder
(1)This section applies if—
(a)the Director considers that a new regular passenger service should be provided; and
(b)there will be only one affected service contract holder when that regular passenger service is provided.
(2)The Director must give the affected service contract holder the opportunity to negotiate exclusively with the Director for the right to provide the new regular passenger service.
(3)If, after 28 days from commencing negotiations with the affected service contract holder, the Director has not received from the affected service contract holder a written offer for the provision of the new regular passenger service by that contract holder setting out terms and conditions that the Director considers are reasonable in light of—
(a)the nature and extent of that new regular passenger service; and
(b)the provisions of this Act and the regulations; and
(c)the circumstances of the case—
the exclusive right of operation of the affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.
30EProposed new regular passenger service that will affect more than one existing service contract holder—Stage 1
(1)This section applies if—
(a)the Director considers that a new regular passenger service should be provided; and
(b)there will be more than one affected service contract holder when that regular passenger service is provided.
(2)The Director must give each of the affected service contract holders an opportunity to negotiate with the Director for the right to provide the new regular passenger service.
30FOutcome of stage 1 of procurement process if an affected service contract holder is successful
(1)This section applies if, following negotiations with each of the affected service contract holders in accordance with section 30E, the Director and one or more of those affected service contract holders agree that the service contract holder or contract holders (as the case requires) (a successful party) may provide the new regular passenger service.
(2)The exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable a successful party to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect.
30GEnd of stage 1 process—No agreement (and there is no materially affected service contract holder)
(1)This section applies if—
(a)after 28 days from commencing negotiations with each of the affected service contract holders in accordance with section 30E, the Director is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the affected service contract holders; and
(b)none of the affected service contract holders is a materially affected service contract holder; and
(c)the Director is of the view that it is in the public interest that the new regular passenger service should be provided.
(2)The exclusive rights of operation of all of the affected service contract holders are, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.
30HEnd of stage 1 process—No agreement (and there is a materially affected service contract holder)
(1)This section applies if—
(a)after 28 days from commencing negotiations with each of the affected service contract holders in accordance with section 30E, the Director is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the affected service contract holders; and
(b)at least one of the affected service contract holders is a materially affected service contract holder.
(2)The Director must take action under—
(a)section 30I if there is only one materially affected service contract holder;
(b)section 30J if there is more than one materially affected service contract holder.
Subdivision 3—Stage 2 procurement process (materially affected service contract holders)
30IStage 2 procurement process—Only one materially affected service contract holder
(1)The Director must give the materially affected service contract holder the opportunity to negotiate exclusively with the Director for the right to provide the new regular passenger service.
(2)If, following negotiations with the materially affected service contract holder, the Director and that contract holder agree that the contract holder may provide the new regular passenger service, the exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable the materially affected service contract holder to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect.
(3)If, however, after 28 days from commencing negotiations with the materially affected service contract holder, the Director has not received from the materially affected service contract holder a written offer for the provision of the new regular passenger service by that contract holder on terms and conditions that the Director considers are reasonable in light of—
(a)the nature and extent of that new regular passenger service; and
(b)the provisions of this Act and the regulations; and
(c)the circumstances of the case—
the exclusive right of operation of the affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.
30JStage 2 procurement process—More than one materially affected service contract holder
The Director must invite all materially affected service contract holders to participate in a process (to be determined by the Director) for the procurement of the new regular passenger service.
30KOutcome of stage 2 procurement process—More than one materially affected service contract holder
(1)Subsection (2) applies if, following the stage 2 procurement process, the Director and one or more of the materially affected service contract holders agree that the service contract holder or contract holders (as the case requires) (a successful party) may provide the new regular passenger service.
(2)The exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable a successful party to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect.
(3)If, however, following the stage 2 procurement process, the Director—
(a)is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the materially affected service contract holders; and
(b)is of the view that it is in the public interest that the new regular passenger service should be provided—
the exclusive right of operation of every other affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect.
Division 5—Transfer of property used in provision of regular passenger services
30LDefinitions
In this Division—
associated operator means a person specified in a primary contract—
(a)as an associated operator; and
(b)as a person to whom this Division applies;
former property means relevant property that, under this Division, has vested in the State or another person in accordance with an allocation statement;
former transferor instrument means an instrument or an oral agreement subsisting immediately before the relevant date—
(a)to which the transferor was a party; or
(b)that was given to, or in favour of, the transferor; or
(c)that refers to the transferor; or
(d)under which—
(i)money is, or may become, payable to or by the transferor; or
(ii)other property is to be, or may become liable to be, transferred to or by the transferor;
primary contract means a service contract referred to in section 30M(1) (as amended from time to time);
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;
related contract means a contract entered into by the holder of a primary contract, or an associated operator, and the Director or a nominee of the Director in accordance with the primary contract, and if such a contract is amended, that contract as amended;
related deed means a deed—
(a)known as an option deed under a primary contract; and
(b)entered into by the holder of that primary contract, or an associated operator, and the Director or a nominee of the Director in accordance with the primary contract—
and if the deed is amended, that deed as amended;
relevant property means property of a holder of a service contract, or an associated operator, which, under a primary contract, the parties to that contract agree is relevant property for the purposes of this Division;
relevant date, in relation to an allocation statement under section 30N or relevant property allocated under such a statement, means the date, or the date and time, fixed by the Minister under section 30N(5) for the purposes of that statement;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
transferee means a person to whom relevant property is allocated under an allocation statement under section 30N;
transferor means the holder of a service contract, or an associated operator, from which relevant property is transferred under an allocation statement under section 30N.
30MProperty of certain holders of service contracts and associated operators
(1)This section applies if—
(a)a provision of a service contract provides for the transfer of relevant property of the holder of that contract, or an associated operator, to the State or any other person (whether in accordance with that service contract or a related contract or a related deed) in circumstances specified in that contract; and
(b)that provision is expressed to be a transfer provision for the purposes of this Division.
(2)The Director may give to the Minister, at a time, or within a period, determined under the primary contract, a statement or statements to be approved by the Minister relating to any or all of the relevant property.
30NAllocation statement
(1)A statement under section 30M—
(a)must allocate relevant property to or between the State and such persons as the Director nominates in writing; and
(b)must be signed by the Director.
(2)If a statement under this section is approved by the Minister—
(a)the Minister must sign the statement; and
(b)the statement is an allocation statement for the purposes of this Division.
(3)The Minister may at any time direct the Director to amend a statement given under this section as specified in the direction.
(4)An allocation statement under this section may be amended in writing signed by the Minister.
(5)The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under this section.
(6)In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.
30ORelevant property transferred in accordance with statement
On the relevant date, the relevant property that is allocated under an allocation statement under section 30N vests in the State or another person in accordance with the statement.
30PAllocation of relevant property subject to encumbrances
Unless an allocation statement under section 30N otherwise provides if, under this Division, relevant property vests in a transferee under section 30O, the relevant property so vested is subject to the encumbrances (if any) to which it was subject immediately before so vesting.
30QCertificate of Director
(1)A certificate signed by the Director certifying that property of the transferor specified in the certificate has been allocated under an allocation statement in accordance with section 30N is, unless revoked under subsection (2), conclusive evidence that the property—
(c)by adopting the identification and assessment of those risks carried out by, as the case requires, another rail operator or a relevant road manager.
34ISafety interface agreements
A safety interface agreement under this Division may—
(a)be entered into by 2 or more rail operators or by one or more rail operators and one or more relevant road managers;
(b)include measures to manage any number of risks to safety that may arise because of, or partly because of, any rail operations;
(c)include measures to manage any number of risks to safety that may arise from any rail operations because of, or partly because of, the existence or use of any road infrastructure;
(d)make provision for or in relation to any matter by applying, adopting or incorporating any matter contained in any document;
(e)consist of 2 or more documents.
34JSafety Director may give directions if persons fail to make safety interface agreements
(1)This section applies if the Safety Director is satisfied that a rail operator or relevant road manager referred to in section 34B, 34C, 34D, 34E or 34F is—
(a)unreasonably refusing or failing to enter into a safety interface agreement with another person as required under this Division; or
(b)unreasonably delaying the negotiation of that agreement.
(2)The Safety Director may serve a written notice on the rail operator or relevant road manager (as the case requires).
(3)A written notice under subsection (2)—
(a)must warn the rail operator or relevant road manager (as the case requires) of the powers of the Safety Director under this section, including the power to issue a direction under subsection (5) at any time after a specified date; and
(b)must contain a copy of this section; and
(c)may contain suggested terms for inclusion in a safety interface agreement.
(4)If the Safety Director serves a notice under subsection (2) to a rail operator or relevant road manager, the Safety Director may, in writing, request the person served with the notice to provide such information as the Safety Director reasonably requires for the purposes of making a direction under subsection (5).
(5)If a notice is issued under this section and a safety interface agreement has not been entered into by or on the date specified in that notice, the Safety Director—
(a)may determine the arrangements to apply in relation to the management of risks to safety referred to in section 34B, 34C, 34D, 34E or 34F (as the case requires); and
(b)may direct either or both persons to whom the notice is issued to give effect to those arrangements; and
(c)must specify by when a direction must be complied with.
(6)A direction under subsection (5)—
(a)must be in writing; and
(b)must set out any arrangements determined by the Safety Director.
(7)A person who is given a direction under subsection (5) must comply with the direction.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
34KRegister of safety interface agreements
(1)A rail operator must maintain a register of—
(a)safety interface agreements to which the rail operator is a party; and
(b)arrangements determined by the Safety Director under section 34J—
that are applicable to its rail operations.
Penalty:In the case of a natural person, 10 penalty units;
In the case of a body corporate, 50 penalty units.
(2)A relevant road manager must maintain a register of—
(a)safety interface agreements to which the road manager is a party; and
(b)arrangements determined by the Safety Director under section 34J—
that are applicable to any public roadway or public pathway or relevant roadway or relevant pathway in relation to which they are the relevant road manager.
Penalty:In the case of a natural person, 10 penalty units;
In the case of a body corporate, 50 penalty units.".
62Application for variation of accreditation is required in certain cases
(1)For section 54(1) of the Rail Safety Act 2006 substitute—
"(1)This section applies if an accredited rail operator proposes to make a change to, or to the manner of carrying out, accredited rail operations that may reasonably be expected—
(a)to change the nature, character and scope of the accredited rail operations; or
(b)to not be within the competence and capacity for which the accredited rail operator is accredited.
(1A)The accredited rail operator must apply to the Safety Director for a variation of its accreditation.".
(2)For section 54(3) of the Rail Safety Act 2006 substitute—
"(3)An application under this section must—
(a)be in writing; and
(b)describe—
(i)the nature, character and scope of the change in rail operations; or
(ii)how those operations are not, or may not be, within the competence and capacity for which the accredited rail operator is accredited; and
(c)contain the prescribed information (if any).".
(3)After section 54(3) of the Rail Safety Act 2006 insert—
"(3A)The Safety Director may require an accredited rail operator who has applied for a variation—
(a)to supply further information requested by the Safety Director;
(b)to verify by statutory declaration any information supplied to the Safety Director.".
(4)For section 54(5) of the Rail Safety Act 2006 substitute—
"(5)The Safety Director must grant or refuse to grant the variation within the relevant period.".
(5)For section 54(7) of the Rail Safety Act 2006 substitute—
"(7)A notification under subsection (6)(a) and a statement of reasons under subsection (6)(b) must be in writing.".
(6)After section 54(8) of the Rail Safety Act 2006 insert—
"(9)In this section—
relevant period, in relation to a decision to grant or refuse to grant a variation, means—
(a)6 months after the application for that variation was received by the Safety Director; or
(b)if the Safety Director requests further information for the purposes of making that decision, 6 months, or such other period, as is agreed between the Safety Director and the accredited rail operator, after the Safety Director receives the last of the information requested; or
(c)if the Safety Director, by notice in writing given to the accredited rail operator before the expiry of the relevant 6 months, specifies another period, that period—
whichever is longer.".
63New sections 54A and 54B inserted
After section 54 of the Rail Safety Act 2006 insert—
"54A Where application for variation relates to co‑operative rail operations
Sections 43 and 62A apply to an application for variation of an accreditation as if a reference in those sections to an application for accreditation were a reference to an application for variation of accreditation.
54BPrescribed conditions and restrictions
The accreditation of a rail operator that is varied under this Part is subject to any conditions or restrictions prescribed by the regulations and that are applicable to the accreditation as varied.".
64Accreditation exemptions for private siding rail operations
(1)For section 63(2)(b)(i) of the Rail Safety Act 2006 substitute—
"(i)a safety interface agreement; and".
(2)In section 63(4)(d) of the Rail Safety Act 2006 for "interface co-ordination plan" substitute "safety interface agreement".
65New section 69A inserted
After section 69 of the Rail Safety Act 2006 insert—
"69A Accredited rail operators to provide information
(1)The Safety Director may, by notice in writing given to an accredited rail operator, require the accredited rail operator to provide to the Safety Director on or before a specified date and in a manner and form approved by the Safety Director, any or all of the following—
(a)information concerning measures taken by the accredited rail operator to promote rail safety;
(b)information relating to the financial capacity or insurance arrangements of the accredited rail operator;
(c)other matters relating to rail safety or the accreditation of the accredited rail operator that the Safety Director reasonably requires.
(2)An accredited rail operator must comply with a notice given to the accredited rail operator under subsection (1).
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(3)An accredited rail operator must provide to the Safety Director, in a manner and form approved by the Safety Director and at the prescribed times and in respect of the prescribed periods, information prescribed by the regulations for the purposes of this subsection relating to rail safety or accreditation.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.".
66General regulation making powers
For section 110(1)(bb) of the Rail Safety Act 2006 substitute—
"(bb)matters or things safety interface agreements may provide for;".
67Expiry of transitional accreditations and post new scheme accreditations
In section 173 of the Rail Safety Act—
(a)omit "on the making of an Order under section 166,";
(b)in paragraph (a), for "the second anniversary of the commencement day" substitute "1 July 2008";
(c)in paragraph (b), for "the third anniversary of the commencement day" substitute "1 July 2009".
__________________
PART 5—AMENDMENTS TO OTHER ACTS
Division 1—Marine Act 1988
68Power to prosecute
For section 87(2) of the Marine Act 1988 substitute—
"(2)If proceedings are brought by a member of the police force, or by a person authorised by the Director, or by a person or body authorised by a public authority, the proceedings may be conducted before the court by—
(a)any other member of the police force; or
(b)any other person authorised by the Director; or
(c)any other person or body authorised by the public authority.".
Division 2—Rail Corporations Act 1996
69Clearance of trees etc.
Insert the following heading to section 60 of the Rail Corporations Act 1996—
"Person to whom this section applies may require clearance of trees".
70New section 60A inserted
After section 60 of the Rail Corporations Act 1996 insert—
"60A Relevant rail operator to whom this section applies may clear trees without obtaining permit
(1)This section applies if any tree or wood—
(a)is on land owned or occupied by a relevant rail operator; and
(b)is in the vicinity of a railway track operated or maintained by a relevant rail operator; and
(c)poses a risk to the safety of anyone on, or using, the railway track.
Example
The following trees pose a risk to the safety of a person using a railway track—
(a)a tree that obstructs a view of a signal box from a portion of the track;
(b)a tree near the middle of a curve of the track that restricts the view of the track of anyone entering the curve;
(c)a tree whose roots are underneath the track.
(2)A relevant rail operator may fell and remove the tree or wood without the need to obtain a permit under any relevant planning scheme under the Planning and Environment Act 1987, despite anything to the contrary in or under that Act.
(3)In this section—
relevant rail operator means a person specified in section 60(6).".
Division 3—Road Management Act 2004
71Definition
In section 3(1) of the Road Management Act 2004, in paragraph (a)(v) of the definition of road management function, after "roads" insert "including Division 2 of Part 4 of the Rail Safety Act 2006".
Division 4—Road Safety Act 1986
72Definitions
In section 3(1) of the Road Safety Act 1986 insert the following definitions—
"bus company has the same meaning as in the Transport Act 1983;
park and ride facility means land or premises—
(a)vested in or under the control of a rail or bus operator; and
(b)to which specified provisions of this Act and the regulations relating to the regulation or control of the parking of a vehicle, or the leaving standing of a vehicle, apply under an Order under section 98 (whether or not other provisions of this Act or the regulations also apply under that Order);
passenger transport company has the same meaning as in the Transport Act 1983;
rail or bus operator means a bus company, a passenger transport company or Rail Track;
Rail Track means Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996;".
73Power to prosecute
(1)After section 77(2)(da) of the Road Safety Act 1986 insert—
"(db)a person authorised under section 229(1AA) of the Transport Act 1983 to bring a proceeding for a ticket offence (within the meaning of section 208 of that Act), if the offence against this Act or the regulations occurs on or in a park and ride facility;".
(2)Sections 77(2A) and 77(2B) of the Road Safety Act 1986 are repealed.
(3)After section 77(3) of the Road Safety Act 1986 insert—
"(3A)If proceedings are taken by a person referred to in subsection (2)(db), the proceedings may be conducted before the court by any employee in the Department of Infrastructure.".
74Service of parking infringement notices
(1)In section 87(1) of the Road Safety Act 1986 after "section 77(2)" insert "(other than a person referred to in paragraph (db) of that subsection)".
(2)For section 87(1AD) of the Road Safety Act 1986 substitute—
"(1AD)If an authorised officer within the meaning of section 208 of the Transport Act 1983 (as authorised under section 221AB of that Act) has reason to believe that a parking infringement has been committed in respect of any vehicle that is on or in a park and ride facility, the person may serve or cause to be served, in accordance with the regulations, a parking infringement notice.".
Division 5—Terrorism (Community Protection) Act 2003
75New section 27A inserted
After section 27 of the Terrorism (Community Protection) Act 2003 insert—
"27A Delegation
(1)A relevant Minister, by instrument, may delegate to a relevant public service officer his or her functions or powers under this Part other than—
(a)this power of delegation; or
(b)a function or power conferred on the relevant Minister under section 28(1), 31(f), 36 or 37.
(2)In subsection (1)—
relevant public service officer means—
(a)a non-executive employee (within the meaning of the Public Administration Act 2004) who is employed as a non-executive employee Grade 6 or Senior Technical Specialist; or
(b)an executive (within the meaning of the Public Administration Act 2004).".
76Reference to relevant Minister
In section 33(1) of the Terrorism (Community Protection) Act 2003, for "Minister" (where first occurring) substitute "relevant Minister".
Division 6—Transport (Taxi-cab Accreditation and Other Amendments) Act 2006
77Reference to Division
In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, for "After Division 3 of Part VI" substitute "Before Division 5 of Part VI".
78Definition of taxi-cab network service
In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, in proposed section 130A(1) of the Transport Act 1983, for the definition of taxi-cab network service substitute—
"taxi-cab network service means—
(a)the receipt and dispatch of bookings or orders for the hiring of taxi-cabs; or
(b)the provision for taxi-cabs of a central communications system—
and includes the provision by or on behalf of a provider of a service of a kind referred to in paragraph (a) or (b) of all or any of the following—
(c)a global positioning system for taxi-cabs;
(d)maintenance of information management systems in relation to the hiring, and bookings and orders for the hiring, of taxi-cabs;
(e)brand identification for taxi-cabs;
(f)support services for taxi-cab operators and drivers;
(g)maintenance of a system for receiving and handling customer complaints relating to the hiring, and bookings and orders for the hiring, of taxi-cabs;
(h)taxi-cab driver training;".
79Duration of accreditation
(1)In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, in proposed section 132C of the Transport Act 1983, for "An accreditation" substitute "Subject to subsection (2), an accreditation".
(2)In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, at the end of proposed section 132C of the Transport Act 1983 insert—
"(2)If an application for renewal of an accreditation is made before the expiry of the period specified in the certificate of accreditation, the licensing authority may determine to extend the period of operation of the accreditation.
(3)If the licensing authority makes a determination under subsection (2), the accreditation (unless it is sooner cancelled or surrendered) remains in force until—
(a)the expiry of the period specified in the certificate of accreditation; or
(b)7 days after the licensing authority gives the applicant notice of its decision on the application for renewal of the accreditation—
whichever is the later.".
80Conditions and standards affecting accreditation
(1)In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, in proposed section 133(3) of the Transport Act 1983, after "regulations" insert "as in force from time to time".
(2)In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, after proposed section 133C(4) of the Transport Act 1983 insert—
"(5)A business or service standard may apply to an accreditation in force at the time the standard is determined or in force at any time after that.".
81Effect of suspension of accreditation
In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, in the heading to proposed section 135D of the Transport Act 1983, omit "on licence".
82Regulations
In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, in proposed section 137E(1)(b) of the Transport Act 1983, before "from the requirement" insert ", or all providers of taxi-cab network services".
83Effect on taxi-cab licences of certain outcomes
In section 11 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, in proposed section 156A of the Transport Act 1983—
(a)in the heading to the section for "outcomes under Division 4" substitute "certain outcomes";
(b)in subsection (1)—
(i)after "that Division" insert "or under section 272(5)"; and
(ii)before "surrendered" insert "is"; and
(iii)after "section 137B" insert "or expires without being renewed"; and
(iv)in paragraph (b) after "surrender" insert "or expiry of accreditation";
(c)in subsection (5)—
(i)after "that Division" insert "or under section 272(5)"; and
(ii)before "surrendered" insert "is"; and
(iii)after "section 137B" insert "or expires without being renewed"; and
(iv)in paragraph (c), after "surrender" insert "or expiry of accreditation".
Division 7—Amendment to Victims of Crime Assistance Act 1996
84Transport Act entitlement to be taken into account
After section 16(ab) of the Victims of Crime Assistance Act 1996 insert—
"(ac)must take into account and reduce the amount by any amount of financial assistance that the applicant has been awarded or is eligible to be awarded under section 12 of the Transport Act 1983 in relation to the incident to which the application relates; and".
__________________
PART 6—EXPIRY OF ACT
85Expiry of Act
This Act expires on 1 July 2011.
═══════════════
ENDNOTES
Minister's second reading speech—
Legislative Assembly: 20 September 2007
Legislative Council: 11 October 2007
The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Act 1983, the Public Transport Competition Act 1995, the Rail Safety Act 2006 and other Acts and for other purposes."
0
0
0