Untitled document
Transport Legislation (Further Amendment) Act 2006
Act No. 47/2006
table of provisions
Section Page
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—Amendment of the Transport Act 1983
3.Functions and powers of Director
4.New section 9AD inserted
9AD.Director's powers in relation to land
5.Compulsory acquisition of land
6.New section 9AAB inserted
9AAB.Easements
7.New section 9BA inserted
9BA.Recording of dealings
8.Definitions
9.Fee for driver's certificate
10.Repeal of requirement for driver's certificate—commercial passenger vehicles
11.Amendment of section 157 consequent on repeal of driver's certificate
12.Repeal of certain offences—sections 157A and 157B
13.Amendment of section 162 consequent on repeal of driver's certificate
14.Insertion of new Division 6 in Part VI
Division 6—Driver Accreditation—Commercial Passenger Vehicles and Private Bus Services
163.Interpretation
164.Public care objective
165.Offence to drive certain vehicles without accreditation
166.Director's power to accredit persons
167.Tests, qualifications and other requirements
168.Term and renewal of accreditation
169.Matters to be considered by the Director when issuing
or renewing an accreditation169A.Imposition of conditions on accreditation
169B.Offence to fail to comply with conditions
169C.Disqualification by Director from ability to apply for accreditation
169D.Certificate of accreditation
169E.Mandatory cancellation in certain circumstances
169F.Powers of the Director to consider disciplinary action
169G.Notice to holder of accreditation
169H.Submissions to Director
169I.Actions Director may take after consideration
169J.Notice of Director's decision
169K.Interim suspension of accreditation
169L.Re-instatement of accreditation
169M.Compensation for lost income during suspension
169N.Jurisdiction of VCAT as to category 1 offenders
169O.Review of decision by VCAT
169P.Time period for making application for review
169Q.Offence not to sign certificate on receipt
169R.Offence not to notify of change of address
169S.Offence not to notify of suspension or cancellation of accreditation
169T.Offence not to notify of being charged with, or found guilty of, a disqualifying offence
169U.Offence to retain illegible certificate
169V.Offence to retain certificate if accreditation suspended
or cancelled169W.Offence not to carry certificate when driving
169X.Offence not to produce certificate when asked
169Y.Power of Director to determine fees
169Z.Regulations
15.Section 218B amended
16.Director to authorise Departmental authorised officers
17.Director to authorise other authorised officers
18.Insertion of new section 227A
227A.Power of court to require attendance at approved
public transport education program
19.New sections 228AA and 228AB inserted
228AA.Objective
228AB.Definition
20.Application for accreditation
21.Considerations as to and issue and renewal of accreditation by Director
22.New offence inserted
228DB.Offence to employ or engage authorised officer
without accreditation under this Division
23.Substitution of section 228H
228H.Notifications
24.Audit of certain books and records of accredited companies
25.Application for renewal of accreditation
26.Renewal of accreditation
27.Director not liable for giving accreditation
28.Supervision of accredited companies
29.Substitution of section 228Q
228Q.Effect of suspension, cancellation or failure to renew
30.Insertion of new Division 5 in Part VIII
Division 5—Transitional provisions—Transport Legislation (Further Amendment) Act 2006
268.Definitions
269.Old certificates deemed to be accreditations
270.Saving of accreditations granted by Secretary
271.Saving of agreements etc.
31.Further amendment of Transport Act 1983
Part 3—Amendment of other Acts
32.Insertion of new sections 13G to 13I
13G.Powers to enter land to construct or maintain works
13H.Obligations in relation to entry onto land
13I.Rail Track to pay compensation
33.Amendment of the Transport Legislation (Further Miscellaneous Amendments) Act 2005
34.Offences against officers
35.Amendment of the Public Transport Competition Act 1995
36.Consequential amendments to the Public Transport Competition Act 1995
37.Powers of V/Line—Amendment of the Rail Corporations
Act 199638.Change of reference to Secretary
Part 4—Amendment of Rail Safety Related Legislation
Division 1—Amendments to Rail Safety Act 2006
39.Amendment of commencement provision
40.New definition of "interface co-ordination plan" substituted
41.New section 28A inserted
28A.Provision of access to SMS to Safety Director or transport safety officer
42.Emergency planning
43.New section 62A inserted
62A.Co-ordination between Safety Director and corresponding Rail Safety Regulator
44.Reviewable decisions
45.Regulation making powers
46.New definitions to be inserted into Transport Act 1983
47.Transport safety officers
48.Self-incrimination
49.Review decisions
50.New definition inserted
51.Offences by bodies corporate, officers of bodies corporate, partnerships etc.
52.New Division 4 of Part 11 substituted
Division 4—Savings and Transitional Provisions
163.Definitions
164.General transitional provision
165.Savings and transitional regulations
166.Declaration Order in relation to tourist and heritage operation and railways
167.Orders and approvals relating to alcohol and other
drug controls under the Transport Act 1983168.Authorities for the purposes of Part 6
169.Specified procedures for carrying out assessment of
drug impairment170.Existing applications for accreditation
171.Review of decisions in relation to applications of accreditation transitioned under this Division
172.Existing accreditations deemed to be accreditations under this Act
173.Expiry of transitional accreditations and post new scheme accreditations
174.Conditions and restrictions of transitional accreditations may be varied in accordance with Division 4 of Part 5
175.Transitional accreditations may be surrendered
176.Existing application for changes of conditions or restrictions of accreditation
177.Change of conditions or restrictions on accreditation
on initiative of Secretary178.Compliance with certain provisions not required while accreditations under Division are in force
179.Accreditations transitioned under Division not Part 5 accreditations for purposes of section 65
180.Private sidings
181.References to Secretary in transitional accreditations to be read as references to Safety Director
182.Codes of Practice
53.Statute law revision
Division 2—Infringement Related Amendments to Transport
Act 1983
54.Definitions
55.Repeal of redundant provision
56.Safety work infringements
57.Effect of safety work infringement
58.Extension of time to object if no actual notice
59.Proof of prior convictions
60.Graffiti clean-up programs
Division 3—Rail Safety Related Transitional Amendment to Transport Act 1983
61.New section 246CAA inserted
246CAA.Rail Safety Act 2006—Authorised officers for drug and alcohol testing
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SCHEDULES
SCHEDULE 1—Consequential Amendment of Transport Act 1983
SCHEDULE 2—Consequential Amendment of Public Transport Competition Act 1995
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Endnotes
Transport Legislation (Further Amendment) Act 2006
[Assented to 25 July 2006]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purposes
The purposes of this Act are to—
(a)amend the Transport Act 1983—
(i)to provide for the accreditation of drivers of commercial passenger vehicles and private bus services; and
(ii)to provide for approved public transport education programs; and
(iii)to make further provision for the accrediting of transport companies that engage authorised officers; and
(iv)to make further provision for the Director's powers, particularly as to dealings in land; and
(v)to make provision for other matters; and
(b)to amend the Rail Corporations Act 1996 with respect to the powers of Rail Track and to make other minor amendments to that Act; and
(c)to make miscellaneous and minor, and transitional related, amendments to the Rail Safety Act 2006;
(d)to make further amendments to the Transport Legislation (Further Miscellaneous Amendments) Act 2005 and the Public Transport Competition Act 1995.
2.Commencement
(1)Section 1, this section and sections 3, 4, 5, 6, 7, 15, 30, 33(1), (2), (3), (4) and (5), 34, 36 and 37 and Division 1 of Part 4 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Section 38 comes into operation on the same day as the day on which section 155 of the Rail Safety Act 2006 comes into operation.
(3)Division 2 of Part 4 comes into operation on the same day as the day on which section 119 of the Rail Safety Act 2006 comes into operation.
(4)Division 3 of Part 4 comes into operation on the same day as the day on which section 125 of the Rail Safety Act 2006 comes into operation.
(5)Subject to sub-sections (6) and (7), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(6)If a provision referred to in sub-section (5), other than sections 8, 9, 10, 11, 12, 13 and 14 does not come into operation before 1 January 2007, it comes into operation on that day.
(7)If section 8, 9, 10, 11, 12, 13 or 14 does not come into operation before 1 August 2008, it comes into operation on that day.
__________________
Part 2—Amendment of the Transport Act 1983
3.Functions and powers of Director
(1)In section 9(2)(a) of the Transport Act 1983 omit "real or".
(2)In section 9(3) of the Transport Act 1983 after "Director" (where first occurring) insert
", on behalf of the Crown,".
(3)For section 9(7) of the Transport Act 1983 substitute—
"(7)The Director may, by instrument, delegate to a person by name or to the holder of an office any power of the Director other than this power of delegation.".
4.New section 9AD inserted
Before section 9A of the Transport Act 1983 insert—
'9AD.Director's powers in relation to land
(1)The Director may, on behalf of the Crown—
(a)acquire, hold or dispose of land; and
(b)otherwise deal with any land held by the Director.
(2)Any acquisition (including any compulsory acquisition under section 9A) or disposition of or other dealing with land by the Director on behalf of the Crown must be made in the name of "Director of Public Transport".
(3)Without limiting sub-section (1), the Director may, on behalf of the Crown, dispose of or otherwise deal with land that is held by the Director and was acquired under this Act in the name of "Director of Public Transport" by any person who previously held, acted in or performed the duties of, the office of Director.'.
5.Compulsory acquisition of land
In section 9A of the Transport Act 1983—
(a)in the heading to the section for "Acquisition" substitute "Compulsory acquisition"; and
(b)in sub-section (1) omit "purchase or"; and
(c)sub-sections (5), (6) and (7) are repealed.
6.New section 9AAB inserted
After section 9A of the Transport Act 1983 insert—
"9AAB.Easements
(1)If any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by the Director on behalf of the Crown, it is deemed for all purposes to be an easement even though there is no land vested in or held by the Director on behalf of the Crown that is in fact benefited or capable of being benefited by that right.
(2)If by or under this Act any private right of way or easement is extinguished or any easement is acquired by the Director on behalf of the Crown—
(a)the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and
(b)the holder of any relevant certificate of title must deliver it to the Registrar of Titles.
(3)Sub-section (2) does not apply to an easement acquired compulsorily by the Director on behalf of the Crown.".
7.New section 9BA inserted
After section 9B of the Transport Act 1983 insert—
'9BA.Recording of dealings
(1)If the Director acquires any land on behalf of the Crown, any recording in the Register by the Registrar of Titles of the acquisition must be made in the name of "Director of Public Transport" as registered proprietor.
(2)If the Director, on behalf of the Crown, disposes of or otherwise deals with any land held in the name of "Director of Public Transport", any recording in the Register by the Registrar of Titles of the disposition or dealing must be made in the name of "Director of Public Transport".
(3)If the Director, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land, the Registrar must make any recording in relation to that dealing in the name of "Director of Public Transport".
(4)To avoid doubt, land acquired in fee simple by the Director on behalf of the Crown is Crown land.
(5)Despite sub-section (4) and anything to the contrary in the Land Act 1958 or the Transfer of Land Act 1958, if land acquired by the Director on behalf of the Crown—
(a)is under the operation of the Transfer of Land Act 1958, it remains under the operation of that Act; and
(b)is not under the operation of the Transfer of Land Act 1958, it may be brought under the operation of that Act.'.
8.Definitions
In section 86(1) of the Transport Act 1983—
(a)insert the following definitions—
' "category 1 offence" means—
(a)an offence against the Crimes Act 1958 that involves sexual penetration (within the meaning given by section 35(1) of the Crimes Act 1958); or
(b)an offence against a provision of the Crimes Act 1958 amended or repealed before the commencement of section 8 of the Transport Legislation (Further Amendment) Act 2006 of which the necessary elements at the time it was committed consisted of elements that constitute an offence referred to in paragraph (a); or
(c)an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991, if the victim of the offence was a child or a person with a cognitive impairment, that is not an offence referred to in paragraph (a) or (b); or
(d)an offence specified in clause 3 of Schedule 1 to the Sentencing Act 1991; or
(e)a child pornography offence within the meaning of the Working with Children Act 2005; or
(f)an offence within the meaning of Division 101 of the Criminal Code Act 1995 of the Commonwealth;
"category 2 offence" means—
(a)an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991 that is not an offence referred to in paragraph (a), (b) or (c) of the definition of "category 1 offence"; or
(b)an offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 that is not an offence specified in clause 3 of that Schedule; or
(c)an offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991; or
(d)an offence involving fraud or dishonesty;
"category 3 offence" means a criminal offence that is not a category 1 offence or a category 2 offence;
"disqualifying offence" means a category 1 offence, a category 2 offence or a category 3 offence;
"drive", in relation to a vehicle, includes being in control of the vehicle;
"driver accreditation" means an accreditation under section 165;
"private bus service" has the same meaning as it has in the Public Transport Competition Act 1995;';
(b)for the definition of "Director" substitute—
' "director" has the same meaning as it has in section 9 of the Corporations Act;'.
9.Fee for driver's certificate
In section 147B(1)(a) of the Transport Act 1983, omit "156(1A),".
10.Repeal of requirement for driver's certificate—commercial passenger vehicles
Section 156 of the Transport Act 1983 is repealed.
11.Amendment of section 157 consequent on repeal of driver's certificate
(1)In sections 157(1) and (2) of the Transport Act 1983, for "licence, permit or certificate" (wherever occurring) substitute "licence or permit".
(2)Section 157(2A), section 157(2B) and section 157(2C) of the Transport Act 1983 are repealed.
(3)Section 157(5) and section 157(6) of the Transport Act 1983 are repealed.
12.Repeal of certain offences—sections 157A and 157B
Sections 157A and 157B of the Transport Act 1983 are repealed.
13.Amendment of section 162 consequent on repeal of driver's certificate
In section 162(1) of the Transport Act 1983—
(a)paragraph (g) is repealed;
(b)in paragraph (h), for "licences, permits and certificates" substitute "licences or permits";
(c)in paragraph (i), for "licences, permits or certificates" substitute "licences or permits".
14.Insertion of new Division 6 in Part VI
After Division 5 of Part VI of the Transport Act 1983 insert—
'Division 6—Driver Accreditation—Commercial Passenger Vehicles and Private Bus Services
163.Interpretation
(1)In this Division, a reference to a person who has been found guilty of an offence is a reference to a person—
(a)against whom a court has made a formal finding that he or she is guilty of the offence; or
(b)from whom a court has accepted a plea that he or she is guilty of the offence; or
(c)from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that he or she has committed the offence, or from whom a similar admission has been accepted under equivalent provisions of the laws of a jurisdiction other than Victoria; or
(d)against whom a finding has been made under—
(i)section 17(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she was not guilty of the offence because of mental impairment; or
(ii)under section 17(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she committed the offence—
or against whom a similar finding has been made under equivalent provisions of the laws of a jurisdiction other than Victoria—
being an admission, plea or finding that has not been subsequently quashed or set aside by a court.
(2)In this Division, a reference to a person who has been charged with an offence is a reference to a person—
(a)against whom a presentment has been made or an indictment has been laid for the offence; or
(b)against whom a charge has been filed for the offence, whether or not—
(i)a summons to answer to the charge; or
(ii)a warrant to arrest the person—
has been issued or served.
(3)In this Division, a reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally dealt with by—
(a)being withdrawn or by the entering of a nolle prosequi; or
(b)the charge having been dismissed by a court; or
(c)the person against whom the charge has been laid having been discharged by a court following a committal hearing; or
(d)the person against whom the charge has been laid having been acquitted or found guilty of the offence that was the subject of the charge by a court; or
(e)any other prescribed means.
164.Public care objective
(1)The public care objective is the objective that the services provided by drivers of commercial passenger vehicles and vehicles used for the operation of private bus services—
(a)be provided—
(i)with safety; and
(ii)with comfort, amenity and convenience—
to persons using the services and to other persons, particularly children and other vulnerable persons; and
(b)be carried out in a manner that is not fraudulent or dishonest.
Note:Other vulnerable persons include elderly and disabled persons.
(2)In this Division, a reference to the public care objective is a reference to the objective set out in sub-section (1).
165.Offence to drive certain vehicles without accreditation
(1)A person must not drive—
(a)a commercial passenger vehicle; or
(b)a vehicle being used for the operation of a private bus service—
unless that person holds a driver accreditation.
Penalty:60 penalty units.
(2)Sub-section (1)(a) does not apply to a person who is driving a commercial passenger vehicle, if there is no passenger being carried in the vehicle for hire or reward and the person is driving the vehicle—
(a)to test the vehicle; or
(b)as a trainee driver under instruction.
(3)Sub-section (1)(b) does not apply to a person who is driving a vehicle that is used for the operation of a private bus service—
(a)to test the vehicle; or
(b)as a trainee driver under instruction.
(4)Despite anything to the contrary in this section, it is not necessary for a driver of a commercial passenger vehicle to hold a driver accreditation if—
(a)he or she is driving a vehicle that is permitted by the laws of another State or Territory to operate as the equivalent of a commercial passenger vehicle; and
(b)he or she is driving the vehicle in Victoria in any of the circumstances set out in section 139(1B).
166.Director's power to accredit persons
(1)The Director may accredit a person to drive—
(a)a commercial passenger vehicle; or
(b)a vehicle being used for the operation of a private bus service.
(2)A person may apply to the Director for the issue of a driver accreditation.
(3)An application under sub-section (2) must be—
(a)in the form approved by the Director; and
(b)accompanied by any information or thing required by the Director; and
(c)accompanied by the fee (if any) for the application determined by the Director.
167.Tests, qualifications and other requirements
(1)The Director may require an applicant for a driver accreditation to pass any test and hold any qualification specified by the Director for the specified class of vehicle to which the accreditation applies that relates to and includes the following—
(a)the applicant's fitness to drive a vehicle;
(b)the applicant's medical condition;
(c)the applicant's knowledge of the names and location of significant streets and places in Melbourne or any other area relevant to the specified class of vehicle;
(d)the applicant's knowledge and use of the English language;
(e)the applicant's knowledge and skills relating to customer service in the field of commercial passenger transport and private bus services.
(2)The Director may require an applicant for a driver accreditation to—
(a)give the Director a certificate from a prescribed class of person stating that the applicant is not suffering from any condition which would prevent him or her from driving a vehicle; and
(b)give the Director a certificate stating that he or she has passed a prescribed vision acuteness test; and
(c)be photographed, or have a digitised image of the applicant made, at a place and in a manner specified by the Director; and
(d)give the Director 3 recent colour passport size photographs of the applicant showing his or her head and full face only; and
(e)give the Director a specimen signature at a place and in a manner specified by the Director.
168.Term and renewal of accreditation
(1)A driver accreditation remains in force for the period specified in the accreditation, which must not be more than 3 years.
(2)The holder of a driver accreditation may apply to the Director for renewal of the accreditation.
(3)An application under sub-section (2) must be—
(a)made before the expiry of the accreditation; and
(b)in the form approved by the Director; and
(c)accompanied by any information or thing required by the Director; and
(d)accompanied by the fee (if any) for the application determined by the Director.
(4)Despite sub-section (3)(a), the Director may accept an application that has been made after the expiry of the accreditation if the applicant pays the additional fee (if any) that is determined by the Director for the lodgement of late applications.
169.Matters to be considered by the Director when issuing or renewing an accreditation
(1)If sub-section (2), (3) or (4) does not apply to an applicant for the issue or renewal of a driver accreditation, the Director may grant the application if the Director is satisfied—
(a)that the issuing of accreditation is appropriate having regard to the public care objective; and
(b)that the applicant—
(i)is technically competent and sufficiently fit and healthy to be able to provide the service; and
(ii)is suitable in other respects to provide the service; and
(c)that the applicant has complied with the application requirements under this Division.
(2)The Director must not issue or renew a driver accreditation if the Director is aware that the applicant—
(a)does not hold—
(i)a driver licence under the Road Safety Act 1986; or
(ii)a probationary driver licence under the Road Safety Act 1986, where the applicant has also satisfied the Director that he or she is competent to provide the service because he or she has relevant experience or is a person to whom other special circumstances apply; or
(b)has been found guilty of a category 1 offence; or
(c)is a person who is subject to—
(i)reporting obligations referred to in section 12(1)(a) of the Working with Children Act 2005; or
(ii)an order referred to in section 12(1)(b) of the Working with Children Act 2005.
(3)The Director must not issue or renew a driver accreditation if the Director is aware that the applicant has been found guilty of a category 2 offence unless the Director is satisfied that the applicant has demonstrated that the issue or renewal of accreditation is appropriate having regard to the public care objective.
(4)The Director may refuse to issue or renew a driver accreditation if the Director is aware that the applicant—
(a)has been found guilty of a category 3 offence; or
(b)is the subject to a charge for a disqualifying offence that has not been finally disposed of at the time of considering the application.
(5)In making a decision under sub-section (3) or (4), the Director may have regard to any matter to which a consideration in section 169C(3)(b) would apply.
(6)The Director must not make a decision under sub-section (3) or (4) to issue or renew an accreditation unless the Director is satisfied of the matters set out in sub-section (1)(a) to (c).
169A.Imposition of conditions on accreditation
(1)The Director may impose conditions on a driver accreditation either—
(a)on issuing or renewing the accreditation; or
(b)at any time during the course of an accreditation.
(2)In considering whether or not to impose conditions on an accreditation, the Director must have regard to the public care objective.
(3)Nothing in the regulations is to be taken to limit the power of the Director to impose conditions under this section.
169B.Offence to fail to comply with conditions
The holder of an accreditation under this Division must comply with any conditions imposed by the Director on the accreditation under section 169A.
Penalty:10 penalty units.
169C.Disqualification by Director from ability to apply for accreditation
(1)If the Director has refused the application for the issue or renewal of the accreditation the Director may determine that the applicant is disqualified from applying for accreditation under this Division for the period determined by the Director.
(2)The period determined by the Director under sub-section (1) must not exceed 5 years.
(3)In making a determination under sub-section (1), the Director must have regard to—
(a)the public care objective; and
(b)if the applicant has been found guilty of a category 1 offence—
(i)the nature and gravity of the offence and its relevance to the service to be provided by the applicant; and
(ii)the period of time since the applicant committed the offence; and
(iii)whether a finding of guilt or conviction was recorded; and
(iv)the sentence imposed for the offence; and
(v)the age of the applicant when the offence was committed; and
(vi)in relation to any sexual offence, the age of any victim; and
(vii)whether or not the conduct that constituted the offence has been decriminalised since the offence was committed; and
(viii)the applicant's behaviour since committing the offence; and
(ix)the likelihood of the applicant committing another such offence in the future, in particular, any future threat to a child or other vulnerable person; and
(x)any information given by the applicant; and
(xi)any other matter the Director considers relevant.
(4)A person who has been disqualified under this section is not entitled to make a further application for the issue of accreditation until the period determined by the Director has elapsed unless, since the date of disqualification, there has been a relevant change in circumstances.
(5)For the purposes of sub-section (4), a "relevant change in circumstances" includes where—
(a)a charge that the person was subject to, that was pending at the date of the disqualification, is finally dealt with, without the person being found guilty of the offence; or
(b)a finding of guilt of the person is quashed or set aside by a court after the date of the disqualification; or
(c)the person ceases to be subject to reporting obligations referred to in section 12(1)(a) of the Working with Children Act 2005; or
(d)the person ceases to be subject to an order referred to in section 12(1)(b) of the Working with Children Act2005; or
(e)a finding on which the decision to disqualify the person under sub-section (1) was based is quashed or set aside after the date of the disqualification.
169D.Certificate of accreditation
On issuing or renewing a driver accreditation the Director must issue a certificate of accreditation that—
(a)is in the form approved by the Director; and
(b)sets out—
(i)the name of the holder of the accreditation; and
(ii)the type of vehicle the holder is accredited to drive; and
(iii)any conditions to which the accreditation is subject.
169E.Mandatory cancellation in certain circumstances
If the holder of a driver accreditation has been found guilty of a category 1 offence or becomes subject to the reporting obligations, or an order, referred to in section 169(2)(c), the Director must cancel that person's accreditation.
169F.Powers of the Director to consider disciplinary action
If the Director is satisfied that there are reasonable grounds for believing that the holder of a driver accreditation—
(a)has been found guilty of a category 2 offence or a category 3 offence or is subject to a charge for a disqualifying offence that has not been finally disposed of; or
(b)has failed to comply with a condition of the accreditation; or
(c)would no longer satisfy any one or more of the matters set out in section 169(1)(a) or (b)—
the Director may consider taking action under section 169I(1).
169G.Notice to holder of accreditation
Before taking action under section 169I(1) the Director must give to the holder a notice—
(a)stating that the Director is satisfied that there are grounds for taking action under section 169I(1); and
(b)setting out those grounds; and
(c)specifying that the holder may make a written submission under section 169H and setting out the date by which the submission must be made under section 169H(2).
169H.Submissions to Director
(1)A person who has received a notice from the Director—
(a)under section 169G; or
(b)in any case where the Director has suspended an accreditation under section 169K, a notice under section 169K(3)—
may make a written submission to the Director as to the matters set out in the notice.
(2)A submission under this section must be received by the Director—
(a)in the case where the Director has suspended the accreditation of the person under section 169K, no later than 14 days after the day on which the person received the notice under section 169G or if a later date has been specified by the Director in the notice, that date; or
(b)in any other case, no later than 28 days after the day on which the person received the notice under section 169G or if a later date has been specified by the Director in the notice, that date.
169I.Actions Director may take after consideration
(1)If, after considering all the material available, the Director is of the opinion that the ground on which the Director considered taking action has been established, the Director may decide to take one or more of the following actions—
(a)reprimand the holder of the accreditation;
(b)warn the holder of the accreditation that more serious action may be taken in the future if the holder repeats the behaviour;
(c)impose a further condition on the accreditation;
(d)suspend the accreditation for a specified period or until a specified event occurs;
(e)cancel the accreditation;
(f)disqualify the holder of the accreditation from being accredited or applying for accreditation for a specified period not exceeding 5 years.
(2)In making a decision under sub-section (1), if the holder of the accreditation is alleged to have committed a disqualifying offence, the Director must have regard to any matter to which a consideration in section 169C(3)(b) would apply.
169J.Notice of Director's decision
On making a decision under section 169I(1), the Director must notify the holder of the accreditation, in writing, of the decision and of the reasons for the decision.
169K.Interim suspension of accreditation
(1)On making a decision under section 169F to consider taking action under section 169I, the Director may suspend the driver accreditation of the person in respect of whom the decision is made, if the Director is satisfied that it is necessary to do so, having regard to the public care objective.
(2)The Director, on being satisfied that the holder of a driver accreditation—
(a)has been charged with a category 1 offence and the charge has not been finally disposed of, must suspend the driver accreditation; or
(b)has been charged with a category 2 offence or a category 3 offence and the charge has not been finally disposed of, may suspend the driver accreditation.
(3)The Director must serve notice of a suspension under this section of a driver accreditation on the holder of the accreditation.
(4)A notice under sub-section (3) must set out the reasons for the suspension.
(5)A suspension under sub-section (1) remains in force—
(a)until the Director has made a decision as to the action to be taken under section 169I; or
(b)until the Director re-instates the accreditation—
whichever is the earlier.
(6)A suspension under sub-section (2) remains in force—
(a)until the charge is finally disposed of; or
(b)until the Director re-instates the accreditation—
whichever is the earlier.
169L.Re-instatement of accreditation
If the Director has suspended the driver accreditation of a person under section 169I or 169K pending the hearing of a charge for a disqualifying offence, and the person is not found guilty of the offence, the Director must re-instate the accreditation of the person.
169M.Compensation for lost income during suspension
(1)The holder of a driver accreditation to whom section 169L applies may apply to the Director for a determination of compensation for any income lost during the period of suspension.
(2)An application under sub-section (1) must be—
(a)in writing; and
(b)in the form approved by the Director; and
(c)accompanied by any information or thing required by the Director.
(3)On receiving an application under sub-section (1), the Director may determine the amount of compensation to which the holder of the accreditation is entitled.
(4)An amount determined by the Director under sub-section (3) may be recovered as a debt owed by the Crown to the holder of the accreditation.
169N.Jurisdiction of VCAT as to category 1 offenders
(1)A person—
(a)whose application for the issue or renewal of a driver accreditation is refused on a ground set out in section 169(2)(b) or (c); or
(b)whose driver accreditation is cancelled under section 169E—
may apply to VCAT for an order that the Director issue, renew or reinstate the driver accreditation (as the case may be).
(2)On an application under sub-section (1) VCAT may by order direct the Director to—
(a)issue a driver accreditation to the applicant; or
(b)renew the driver accreditation of the applicant; or
(c)reinstate the driver accreditation of the applicant.
(3)VCAT must not make an order under sub-section (2) to issue, renew or reinstate an accreditation unless—
(a)VCAT is satisfied of the matters set out in section 169(1)(b); and
(b)the applicant has demonstrated that the issue, renewal or reinstatement is appropriate having regard to the public care objective.
(4)In making an order under sub-section (2) in a matter involving a category 1 offence VCAT may have regard to any matter to which a consideration in section 169C(3)(b) would apply.
(5)The Director must comply with an order made by VCAT under this section.
169O.Review of decision by VCAT
(1)A person, who is affected by the relevant decision, may apply to VCAT for a review of—
(a)a decision of the Director to refuse to issue or renew an accreditation under this Division; or
(b)a decision of the Director to suspend or cancel an accreditation under this Division; or
(c)a decision of the Director to impose a condition on an accreditation under this Division.
(2)To avoid doubt, sub-section (1) does not apply to a refusal of the Director to issue or renew a driver accreditation or to a cancellation of a driver accreditation in the circumstances in which section 169N(1) applies.
(3)VCAT must not make a decision under sub-section (1) unless VCAT is satisfied that the decision is appropriate having regard to the public care objective.
(4)VCAT must not make a decision under this section to issue, renew or reinstate an accreditation unless VCAT is satisfied of the matters set out in section 169(1)(b).
(5)In making a decision under this section on a matter involving a disqualifying offence VCAT may have regard to any matter to which a consideration in section 169C(3)(b) would apply.
169P.Time period for making application for review
(1)An application to VCAT for an order under section 169N must be made within 28 days of the refusal of the application for driver accreditation or the cancellation of the driver accreditation (as the case requires).
(2)An application for review under section 169O must be made within 28 days of the later of—
(a)the day on which the decision was made; or
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
169Q.Offence not to sign certificate on receipt
The holder of a driver accreditation, on receiving a certificate of accreditation under section 169D, must sign the certificate.
Penalty:5 penalty units.
169R.Offence not to notify of change of address
The holder of a driver accreditation must notify the Director of any change of his or her residential address within 7 days of changing that address.
Penalty:5 penalty units.
169S.Offence not to notify of suspension or cancellation of accreditation
If the holder of a driver accreditation is employed or engaged by a person who holds a licence or accreditation to operate a vehicle as a commercial passenger vehicle under Division 5, the holder of the driver accreditation must notify the holder of the licence or accreditation of any suspension or cancellation of his or her driver accreditation within 28 days of receiving notice of the suspension or cancellation.
Penalty:5 penalty units.
169T.Offence not to notify of being charged with, or found guilty of, a disqualifying offence
(1)If the holder of a driver accreditation is charged with, or found guilty of, a disqualifying offence the holder must notify the Director of the charge or the finding of guilt within 28 days of the holder being so charged or found guilty.
Penalty:5 penalty units.
(2)If the holder of a driver accreditation becomes subject to—
(a)the reporting obligations; or
(b)an order—
referred to in section 169(2)(c), the holder must notify the Director of the obligation or order within 28 days of the holder becoming so subject.
Penalty:5 penalty units.
169U.Offence to retain illegible certificate
If the certificate of accreditation of the holder of a driver accreditation becomes illegible or is altered or defaced, the holder must return the certificate to the Director and apply for the issue of a replacement certificate.
Penalty:5 penalty units.
169V.Offence to retain certificate if accreditation suspended or cancelled
If the accreditation of the holder of a driver accreditation is suspended or cancelled, the holder must return his or her certificate of accreditation to the Director within 28 days of receiving notice of the suspension or cancellation.
Penalty:5 penalty units.
169W.Offence not to carry certificate when driving
If the holder of a driver accreditation is driving a vehicle in circumstances in which he or she is required under this Division to have the accreditation, he or she must carry his or her certificate of accreditation.
Penalty:5 penalty units.
169X.Offence not to produce certificate when asked
If the holder of a driver accreditation is driving a vehicle in circumstances in which he or she is required under this Division to have the accreditation, and if the holder is asked by an authorised officer or a member of the police force to produce his or her certificate of accreditation, he or she must do so.
Penalty:5 penalty units.
169Y.Power of Director to determine fees
(1)The Director may determine fees for applications under this Division.
(2)The Director must obtain the approval of the Minister for any determination made under sub-section (1).
(3)Any fee determined under sub-section (1) may differ according to differences to time, place or circumstance.
(4)Any fee determined by the Director under sub-section (1) must be published in the Government Gazette.
169Z.Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)prescribing and regulating in respect of persons who are holders of accreditations under this Division—
(i)the conduct and duties of such persons; and
(ii)the dress and appearance of such persons; and
(iii)the safeguarding and disposal of lost or unclaimed property left in or carried on vehicles that are required to be driven by such persons; and
(iv)generally, conditions relating to the operation and use of vehicles when driven by such persons;
(b)accreditations under this Division, including, but not limited to—
(i)conditions to which such accreditations or any class of such accreditations are subject; and
(ii)qualifications to be required of, and the tests to be passed by, applicants for such accreditations; and
(iii)applications for such accreditations and the cancellation or suspension of such accreditations;
(c)any matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division.
(2)Any regulations made under this section—
(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 prescribe penalties of not more than 20 penalty units for any contravention of or failure to comply with the regulations; and
(d)may confer a power or discretionary authority on a person or body or a class of person or body; and
(e)may apply adopt or incorporate (with or without modification) any matter contained in a document as in force at the time the regulations are made or at any time before then; and
(f)may provide for the exemption of a specified person, body or thing or a specified class of person, body or thing from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.'.
15.Section 218B amended
(1)In section 218B of the Transport Act 1983—
(a)in sub-section (6B), for "sub-section (6A)" substitute "sub-section (6)";
(b)in sub-section (6C), for "sub-section (6A)" substitute "sub-section (6)";
(c)in sub-section (6D), for "sub-section (6A)" substitute "sub-section (6)".
(2)In section 218B(6D)—
(a)in paragraph (b), for "proceedings." substitute "proceedings; or";
(b)after paragraph (b) insert—
"(c)for the purposes of discharging the law enforcement functions of the Sheriff; or
(d)for any other law enforcement purposes.".
16.Director to authorise Departmental authorised officers
In section 221A of the Transport Act 1983, for "Secretary" substitute "Director".
17.Director to authorise other authorised officers
In section 221AB of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (2), for "Secretary" substitute "Director".
18.Insertion of new section 227A
After section 227 of the Transport Act 1983 insert—
"227A.Power of court to require attendance at approved public transport education program
(1)If a person is charged with an offence under this Act, or under regulations made under this Act, and on the hearing of the charge the court considers it appropriate in view of the person's circumstances, the court may order the person to undertake a program approved under sub-section (2).
(2)For the purposes of this section, the Director may approve programs that educate users of public transport and other persons about issues relating to public transport, including but not limited to—
(a)public transport safety;
(b)the comfort, amenity and convenience of passengers on public transport;
(c)the revenue implications of fare evasion for public transport operators and the State;
(d)the obligations of passengers and other persons in relation to public transport;
(e)the enforcement obligations of authorised officers;
(f)the providers of public transport in Victoria;
(g)any other matter related to public transport that the Director considers appropriate.".
19.New sections 228AA and 228AB inserted
Before section 228A of the Transport Act 1983 insert—
'228AA.Objective
The objective of this Division is that the authorised officer management systems provided by passenger transport companies, bus companies and the Bus Association Victoria be provided in a manner that promotes the safety, comfort, amenity and convenience of persons using the services provided by the bodies and other persons, particularly children and other vulnerable persons.
228AB.Definition
In this Division, "authorised officer management system" means a system for the management of authorised officers that includes—
(a)education and training relating to—
(i)the use of enforcement powers;
(ii)behaviour by authorised officers toward members of the public, particularly children and other vulnerable persons;
(b)the reporting requirements and supervision of authorised officers;
(c)any matter prescribed in the regulations for this purpose.'.
20.Application for accreditation
(1)In section 228A(1) of the Transport Act 1983, for "Secretary" substitute "Director".
(2)In section 228A(2) of the Transport Act 1983—
(a)in paragraph (a), for "Secretary" substitute "Director";
(b)for paragraph (b) substitute—
"(b)must be accompanied by—
(i)the application fee, if any, determined by the Director and published in the Government Gazette;
(ii)a detailed description of the applicant's authorised officer management system;
(iii)any other information or thing determined by the Director.".
(3)After section 228A(2) of the Transport Act 1983 insert—
"(2A)The Director must notify in writing all passenger transport companies, bus companies and the Bus Association Victoria of any determination made by the Director under sub-section (2).".
(4)In section 228A(3) of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director".
21.Considerations as to and issue and renewal of accreditation by Director
(1)Insert the following heading to section 228B of the Transport Act 1983—
"Matters to be considered by Director".
(2)In section 228B of the Transport Act 1983—
(a)for "Secretary" substitute "Director";
(b)for paragraph (a) substitute—
"(a)whether the authorised officer management system that the applicant proposes to have in place is effective and appropriate; and".
(3)In section 228C of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (2), for "Secretary" (wherever occurring) substitute "Director";
(c)in sub-section (3), for "Secretary" substitute "Director".
22.New offence inserted
After section 228DA of the Transport Act 1983 insert—
"228DB.Offence to employ or engage authorised officer without accreditation under this Division
A passenger transport company, a bus company or the Bus Association Victoria must not employ or engage a person to act as an authorised officer without being accredited to do so under this Division.
Penalty:300 penalty units.".
23.Substitution of section 228H
For section 228H of the Transport Act 1983 substitute—
'228H.Notifications
(1)A company that holds an accreditation (other than a temporary accreditation) must notify the Director (in writing) of any relevant incident or occurrence within 14 days after the day on which the incident or occurrence took place.
Penalty:50 penalty units.
(2)The Director may request a report from a company that holds an accreditation (other than a temporary accreditation) under this Division on any matter related to the authorised officers employed or engaged by the company.
(3)A request by the Director under sub-section (2) must specify a reasonable period within which the report must be received by the Director.
(4)A company that receives a request under sub-section (3) must comply with that request within the period specified by the Director under sub-section (5).
Penalty:50 penalty units.
(5)The Director may request further information relating to—
(a)the incident or occurrence to which a notification under sub-section (3) relates; or
(b)a report provided to the Director under sub-section (4)—
and may specify a reasonable period within which the further information must be received by the Director.
(6)A company must comply with any request for further information under sub-section (5) within the period (if any) specified in that request.
Penalty:50 penalty units.
(7)In this section, "relevant incident or occurrence" means an incident or occurrence that is determined by the Director to be an incident or occurrence to which this section applies.
(8)The Director must cause to be published in the Government Gazette any determination made by the Director for the purpose of the definition of "relevant incident or occurrence".
(9)The Director must notify in writing any company that holds an accreditation under this Division of any determination made by the Director for the purpose of the definition of "relevant incident or occurrence".'.
24.Audit of certain books and records of accredited companies
(1)Insert the following heading to section 228HA of the Transport Act 1983—
"Audit of certain books and records of accredited companies for compliance purposes".
(2)For section 228HA(1) of the Transport Act 1983 substitute—
"(1)An accredited company must keep books and records relating to the following—
(a)any condition to which its accreditation is subject and its compliance with that condition;
(b)the scope and operation of its authorised officer management system;
(c)any notification, report or information provided by it under this Division;
(d)any correspondence with the Director in relation to its accreditation, its authorised officer management system or any authorised officer employed or engaged by it;
(e)any other prescribed matter.
Penalty:50 penalty units.".
(3)In section 228HA(2) of the Transport Act 1983—
(a)for "Secretary" substitute "Director";
(b)omit ", in accordance with the regulations,";
(c)after "sub-section (1)" insert "and may take copies of any books or records".
(4)After section 228HA(2) of the Transport Act 1983 insert—
"(2A)The Director may authorise an officer of the Department or any other suitably qualified person to conduct an audit under this section.
(2B)A person authorised under sub-section (2A) may—
(a)enter any premises in which the person reasonably believes a book or record is kept for the purpose of sub-section (1); and
(b)inspect any such book or record; and
(c)make copies of, or take extracts from, any such book or record.".
(5)For section 228HA(3) of the Transport Act 1983 substitute—
"(3)If an audit is conducted as a result of a notification, or the provision of a report, under section 228H, the Director may charge a fee that covers the reasonable costs of conducting that audit.".
25.Application for renewal of accreditation
(1)In section 228I of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (2), for "Secretary" substitute "Director".
(2)In section 228I(3) of the Transport Act 1983—
(a)in paragraph (a), for "Secretary" substitute "Director";
(b)for paragraph (b) substitute—
"(b)must be accompanied by—
(i)the application fee, if any, determined by the Director and published in the Government Gazette; and
(ii)any other information or thing determined by the Director.".
(3)In section 228I of the Transport Act 1983—
(a)in sub-section (5), for "Secretary" substitute "Director";
(b)in sub-section (5A), for "Secretary" substitute "Director";
(c)in sub-section (6), for "Secretary" substitute "Director".
26.Renewal of accreditation
(1)In section 228J(1) of the Transport Act 1983, for "Secretary" substitute "Director".
(2)After section 228J(1) of the Transport Act 1983 insert—
"(1A)In renewing or refusing to renew any accreditation under sub-section (1), the Director must have regard to—
(a)the applicant's authorised officer management system; and
(b)the applicant's compliance with the conditions of the applicant's accreditation; and
(c)the conduct of authorised officers employed or engaged by the company, including whether the authorised officers have complied with conditions to which their authorisations are subject; and
(d)any other matter determined by the Director and published in the Government Gazette.
(1B)The Director must notify each company in writing of any determination made by the Director under sub-section (1A)(d).".
(3)In section 228J(2) of the Transport Act 1983—
(a)for "Secretary" substitute "Director";
(b)in paragraph (c), after "accreditation" insert "(including conditions relating to the authorised officer management system of the company)".
(4)In section 228J(3) of the Transport Act 1983, for "Secretary" substitute "Director".
(5)In section 228J(5) of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director".
27.Director not liable for giving accreditation
(1)Insert the following heading to section 228M of the Transport Act 1983—
"Director not liable for giving accreditation".
(2)In section 228M of the Transport Act 1983, for "Secretary" substitute "Director".
28.Supervision of accredited companies
(1)In section 228N(1) of the Transport Act 1983, for "Secretary" substitute "Director".
(2)For section 228N(2)(a) of the Transport Act 1983 substitute—
"(a)the company has failed to maintain an effective and appropriate authorised officer management system; or
(aa)the company has failed to comply with section 228H; or".
(3)In section 228N(3) of the Transport Act 1983—
(a)for "Secretary" (wherever occurring) substitute "Director";
(b)in paragraph (b)(ii), after "accreditation" insert "(including conditions relating to the authorised officer management system of the company)".
(4)In section 228N(4) of the Transport Act 1983, for "Secretary" substitute "Director".
29.Substitution of section 228Q
For section 228Q of the Transport Act 1983 substitute—
"228Q.Effect of suspension, cancellation or failure to renew
' "rail safety worker" has the same meaning as in the Rail Safety Act 2006;';
(b)in the definition of "safety work infringement", in paragraph (a), for "worker" substitute "rail safety worker";
(c)the definition of "worker" is repealed.
55.Repeal of redundant provision
Section 215A of the Transport Act 1983 is repealed.
56.Safety work infringements
(1)In section 215B(1) of the Transport Act 1983, for "worker" (where twice occurring) substitute "rail safety worker".
(2)In section 215B(8) of the Transport Act 1983, for "Division 2 of Part VI" substitute "Part 6 of the Rail Safety Act 2006".
57.Effect of safety work infringement
(1)In section 215C(1), (2) and (4)(b) of the Transport Act 1983, for "worker" substitute "rail safety worker".
(2)In section 215C(3) of the Transport Act 1983, for "worker" (wherever occurring) substitute
"rail safety worker".
58.Extension of time to object if no actual notice
(1)In section 215D(1) of the Transport Act 1983, for "worker" (wherever occurring) substitute
"rail safety worker".
(2)In section 215D(2) and (3)(d) of the Transport Act 1983, for "worker" substitute "rail safety worker".
59.Proof of prior convictions
(1)In section 215F(1) of the Transport Act 1983, for "worker" substitute "rail safety worker".
(2)In section 215F(3) of the Transport Act 1983, for "worker" (wherever occurring) substitute
"rail safety worker".
60.Graffiti clean-up programs
In section 223E(5)(a) of the Transport Act 1983, for "worker" substitute "rail safety worker".
Division 3—Rail Safety Related Transitional Amendment to Transport Act 1983
61.New section 246CAA inserted
After section 246C of the Transport Act 1983 insert—
'246CAA.Rail Safety Act 2006—Authorised officers for drug and alcohol testing
(1)A person who, immediately before the relevant date, was an authorised officer appointed by the Secretary under section 100A is, on the relevant date, deemed to be appointed under section 228T—
(a)as a transport safety officer; and
(b)subject to the same restrictions that applied to his or her appointment under section 100A.
(2)Despite section 228U, the Safety Director is not required to issue a person referred to in sub-section (1) an identity card.
(3)However, section 228W applies to a person referred to in sub-section (1) as if a reference in that section to an identity card were a reference to the certificate issued to the person by the Secretary under section 100A(4).
(4)In this section—
"relevant date" means the day on which section 125 of the Rail Safety Act 2006 comes into operation.'.
__________________
SCHEDULES
SCHEDULE 1
Consequential Amendment of Transport Act 1983
PART 1
Section 31(1)
1.Definitions
(1)In section 2(1) of the Transport Act 1983, in the definition of "licensing authority", for "Secretary" substitute "Director".
(2)In section 86(1) of the Transport Act 1983, in the definition of "public commercial passenger vehicle"—
(a)in paragraph (a), for "Secretary" substitute "Director";
(b)in paragraph (b), for "Secretary" substitute "Director".
2.Determinations of policy
In section 89(2)(c) of the Transport Act 1983, for "Secretary" substitute "Director".
3.Public commercial passenger vehicles
In section 141(5) of the Transport Act 1983, for "Secretary" substitute "Director".
4.Transfers of licences
In section 149(3A) of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director".
5.Assignments
In section 150(2A) of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director".
6.Offences relating to security cameras and privacy of passengers
In section 158B of the Transport Act 1983—
(a)in sub-section (1)(b)(i), for "Secretary" substitute "Director";
(b)in sub-section (2)(c), for "Secretary" substitute "Director";
(c)in sub-section (3)—
(i)for "Secretary's" substitute "Director's";
(ii)in paragraph (a), for "Secretary" substitute "Director".
7.Agreements in relation to images obtained from security cameras
In section 158C of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (3), for "Secretary" substitute "Director";
(c)in sub-section (4), for "Secretary" (wherever occurring) substitute "Director".
8.Regulations
In section 162(1) of the Transport Act 1983—
(a)in paragraph (mc), for "Secretary" (wherever occurring) substitute "Director";
(b)in paragraph (md), for "Secretary" (wherever occurring) substitute "Director";
(c)in paragraph (me), for "Secretary" substitute "Director".
9.Eligibility of person who has committed serious traffic offences to hold authority
In section 182D(4)(b) of the Transport Act 1983, for "Secretary" substitute "Director".
10.Definition
In section 208 of the Transport Act 1983, in the definition of "authorised officer", for "Secretary" substitute "Director".
11.Transport and ticket infringements
In section 212(1A)(b) of the Transport Act 1983, for "Secretary" substitute "Director".
12.Inspection of motor vehicles
In section 216(1) of the Transport Act 1983, for "Secretary" substitute "Director".
13.Powers of officers authorized by Roads Corporation
In section 217 of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (3), for "Secretary" (wherever occurring) substitute "Director".
14.Making false reports
In section 220AA(d) of the Transport Act 1983, for "Secretary" substitute "Director".
15.Information not to be disclosed
In section 221 of the Transport Act 1983—
(a)in sub-section (1A) omit "the Secretary or";
(b)in sub-section (1B) omit "the Secretary or";
(c)in sub-section (7), after "Secretary" (wherever occurring) insert ", the Director";
(d)in sub-section (9)(a), for "Secretary" substitute "Director".
16.Application for authorisation
In section 221B of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (2)(a), for "Secretary" substitute "Director";
(c)in sub-section (3), for "Secretary" (wherever occurring) substitute "Director".
17.Qualification requirements
In section 221C of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" (wherever occurring) substitute "Director";
(b)in sub-section (2), for "Secretary" (wherever occurring) substitute "Director".
18.Time limits on section 221AB authorisations
In section 221CA of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (2), for "Secretary" substitute "Director".
19.Scope of authorisation may be limited
In section 221CB of the Transport Act 1983—
(a)in sub-section (1), omit "Secretary or the";
(b)in sub-section (2), omit "Secretary or".
20.Conditions of authorisation
In section 221D of the Transport Act 1983—
(a)in sub-section (1)(b), for "Secretary" substitute "Director";
(b)in sub-section (2), for "Secretary" substitute "Director".
21.Change of conditions
In section 221E of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (2), for "Secretary" substitute "Director".
22.Application for renewal of authorisation
In section 221G of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (2)(a), for "Secretary" substitute "Director";
(c)in sub-section (4), for "Secretary" substitute "Director";
(d)in sub-section (4A), for "Secretary" substitute "Director";
(e)in sub-section (5), for "Secretary" substitute "Director".
23.Renewal of authorisation
In section 221H of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (2), for "Secretary" substitute "Director";
(c)in sub-section (3), for "Secretary" substitute "Director";
(d)in sub-section (4), for "Secretary" substitute "Director";
(e)in sub-section (5), for "Secretary" (wherever occurring) substitute "Director".
24.Issue of identity cards
In section 221I of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (1A), for "Secretary" substitute "Director";
(c)in sub-section (2)(c), for "Secretary" substitute "Director".
25.Inquiry into conduct of authorised officer
In section 221J of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (2), for "Secretary" (wherever occurring) substitute "Director";
(c)in sub-section (3), for "Secretary" (wherever occurring) substitute "Director".
26.Revocation of authorisation
In section 221L of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director".
27.Tribunal reviews
In section 221M(1) of the Transport Act 1983, for "Secretary" substitute "Director".
28.Return of identity cards
In section 221O of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" (wherever occurring) substitute "Director";
(b)in sub-section (2), for "Secretary" substitute "Director".
29.Lost, stolen or destroyed identity cards to be reported
In section 221P of the Transport Act 1983, for "Secretary" substitute "Director".
30.Replacement of identity cards
In section 221Q of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director".
31.Application by proposed employee
In section 221S of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" (wherever occurring) substitute "Director";
(b)in sub-section (2)(a), for "Secretary" substitute "Director";
(c)in sub-section (3), for "Secretary" (wherever occurring) substitute "Director".
32.Offence to smoke in carriage etc. in certain circumstances
In section 222(2) of the Transport Act 1983 omit "contract to the Secretary or under".
33.Smoking offences
In section 222A(4) of the Transport Act 1983, in the definition of "carriage", for "Secretary" substitute "Director".
34.Definition
In section 223A(3) of the Transport Act 1983, for "Secretary" (where secondly occurring) substitute "Director".
35.Conditions of accreditation
In section 228D of the Transport Act 1983—
(a)in sub-section (1)(b), for "other condition imposed by the Secretary" substitute "condition imposed by the Director";
(b)in sub-section (2), for "Secretary" substitute "Director".
36.Change of conditions etc.
In section 228E of the Transport Act 1983—
(a)in sub-section (1)—
(i)for "Secretary" substitute "Director";
(ii)after "an accreditation" insert "referred to in section 228D(1)(b)";
(b)in sub-section (2), for "Secretary" substitute "Director";
(c)in sub-section (3), for "Secretary" (wherever occurring) substitute "Director";
(d)in sub-section (4), for "Secretary" substitute "Director".
37.Duration of accreditation
In section 228F of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (1A), for "Secretary" substitute "Director";
(c)in sub-section (2), for "Secretary" substitute "Director".
38.Requirement to notify Director about charges, etc.
(1)Insert the following heading to section 228G of the Transport Act 1983—
"Requirement to notify Director about charges, etc.".
(2)In section 228G of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director".
39.Nature of accreditation
In section 228K(3) of the Transport Act 1983, for "Secretary" substitute "Director".
40.Procedure and powers
In section 228O of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (2), for "Secretary" (wherever occurring) substitute "Director";
(c)in sub-section (3), for "Secretary" substitute "Director".
41.Immediate power of suspension
In section 228P of the Transport Act 1983—
(a)in sub-section (1), for "Secretary" (wherever occurring) substitute "Director";
(b)in sub-section (2), for "Secretary" substitute "Director";
(c)in sub-section (3), for "Secretary" (wherever occurring) substitute "Director";
(d)in sub-section (4), for "Secretary" substitute "Director";
(e)in sub-section (6), for "Secretary" substitute "Director".
42.Tribunal reviews
In section 228R(1) of the Transport Act 1983, for "Secretary" substitute "Director".
43.Prosecutions
In section 229 of the Transport Act 1983—
(a)in sub-section (1), after "Secretary" insert
", the Director";
(b)in sub-section (1AA), for "Secretary" substitute "Director";
(c)in sub-section (1A)(b), for "Secretary" substitute "Director";
(d)in sub-section (1B)(a), after "Secretary" insert
", the Director".
44.Evidentiary provisions
In section 230(4) of the Transport Act 1983, after "Secretary" (wherever occurring) insert ", the Director".
PART 2
Section 31(2)
45.Victorian Taxi Directorate
Division 4 of Part VI of the Transport Act 1983 is repealed.
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SCHEDULE 2
Section 36
Consequential Amendment of Public Transport Competition Act 1995
1.Definition
In section 3(1) of the Public Transport Competition Act 1995 in the definition of "working day"—
(a)for "Secretary" substitute "Director";
(b)for "Department of Infrastructure" substitute "Director".
2.Purpose of accreditation
In section 6(c) of the Public Transport Competition Act 1995, for "Secretary" substitute "Director".
3.Nature of service contracts
In section 27 of the Public Transport Competition Act 1995—
(a)in sub-section (3)(f), omit "Secretary or the";
(b)in sub-section (5), omit "Secretary or the".
4.Regions or routes of operation
In section 28(3) of the Public Transport Competition Act 1995, omit "Secretary or the".
5.New services
In section 29 of the Public Transport Competition Act 1995—
(a)in sub-section (1), omit "Secretary or the" (wherever occurring);
(b)in sub-section (2), omit "Secretary or the".
6.Variation, suspension or cancellation of service contracts
In section 30 of the Public Transport Competition Act 1995—
(a)in sub-section (1), omit "Secretary or the" (wherever occurring);
(b)in sub-section (2), omit "Secretary or the";
(c)in sub-section (4), omit "Secretary or the" (wherever occurring).
7.Fees
In section 34 of the Public Transport Competition Act 1995—
(a)in sub-section (1), for "Secretary" substitute "Director";
(b)in sub-section (2), for "Secretary" (wherever occurring) substitute "Director";
(c)in sub-section (3), for "Secretary" substitute "Director";
(d)in sub-section (5), for "Secretary" substitute "Director";
(e)in sub-section (6), for "Secretary" substitute "Director".
8.Delegation
Section 35(1) of the Public Transport Competition Act 1995 is repealed.
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Endnotes
Minister's second reading speech—
Legislative Assembly: 1 June 2006
Legislative Council: 18 July 2006
The long title for the Bill for this Act was "to amend the Transport Act 1983 to provide for the accrediting of drivers of certain types of vehicles, to confer certain powers on the Director, to make other amendments to the Transport Act 1983, to amend the Rail Corporations Act 1996 with respect to the powers of Rail Track and to make other minor amendments to that Act, to make miscellaneous and minor, and transitional related, amendments to the Rail Safety Act 2006, to make minor amendments to the Transport Legislation (Further Miscellaneous Amendments) Act 2005 and the Public Transport Competition Act 1995 and for other purposes."
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