Untitled document
Transport Legislation (Further Miscellaneous Amendments) Act 2005
Act No. 95/2005
table of provisions
Section Page
Part 1—Preliminary Matters
1.Purpose
2.Commencement
Part 2—Amendments to the Melbourne City Link Act 1995
3.Miscellaneous minor amendments
Part 3—Amendments to the Mitcham-Frankston Project Act 2004
4.Change of name of Act and road
5.Insertion of section 259
259.Saving provision concerning change of Act name
Part 4—Amendments to the Public Transport Competition Act 1995
6.Insertion of section 3B
3B.Additional matters concerning the meaning of
"regular passenger services"
7.Expanded grounds for disciplinary action against accredited person
8.Additional offence concerning regular passenger services
Part 5—Amendments to the Rail Corporations
Act 1996
9.Change of name of Station and Authority
10.Clearance of trees
11.Insertion of sections 116–118
116.Meaning of "relevant date" in sections 117 and 118
117.Transitional provision concerning change of name of Station
118.Transitional and savings provisions concerning
change of name of Authority
12.Consequential amendments to other Acts
Part 6—Amendments to the Road Management
Act 2004
13.Consequential amendments concerning EastLink
14.Repeal of redundant provisions
Part 7—Amendments to the Road Safety Act 1986
15.Defective vehicles
16.Insertion of section 79A
79A.Evidence of engine management system data
17.Modification of effect of payment of infringement penalties
18.Disclosure of information outside Victoria to assist in the enforcement of infringement penalties
19.Additional regulation-making power
Part 8—Amendments to the Tobacco (Amendment) Act 2005
20.Change to definition in relation to smoking offences
Part 9—Amendments to the Transport Act 1983
Division 1—Regulation of Entitlement to Use Public Transport Services
21.Definitions
22.Change to Division heading
23.Insertion of sections 220A–220D
220A.Offence to dishonestly obtain a ticket etc.
220B.Offence to counterfeit or alter a ticket
220C.Offence to claim exemption or concession if not
entitled220D.Director may determine conditions
24.Repeal of former ticketing provisions
25.Substitution of section 221AA
221AA.Regulations concerning entitlement to use public transport services
Division 2—Amendments Concerning Authorised Officers
26.Additional definition
27.Authorisation of other authorised officers
28.Minor house-keeping amendment
29.Insertion of sections 221CB and 221CC
221CB.Scope of authorisation may be limited
221CC.Non-compliance with a limit
30.Insertion of section 221FA
221FA.Clarification of places in which certain authorised officers may operate
Division 3—Other Miscellaneous Amendments
31.Additional powers of the Director
32.Clearance of trees
33.Clarification of delegation power
34.Additional regulation-making powers
35.Criteria for granting hire car licences
36.Allocation scheme not to apply to certain freeway towing
37.Additional regulation-making powers concerning graduated penalties
38.Additional power to inspect motor vehicles
39.Additional inspection power concerning heavy vehicles
40.Power to require name and address
41.Insertion of section 220AA
220AA.False reports to officers
42.Repeal of smoking offence
43.Insertion of section 224
224.Offence to provide false or misleading information
44.Consequential repeals of other false information provisions
45.Substitution of section 225
225.Offence to assault or obstruct officers etc.
46.Substitution of section 225B
225B.Offence to impersonate an officer
47.Substitution of section 225C
225C.Offence to offer, give, solicit or accept a bribe
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Endnotes
Transport Legislation (Further Miscellaneous Amendments) Act 2005
[Assented to 29 November 2005]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary Matters
1.Purpose
The purpose of this Act is—
(a)to change the name of the Mitcham-Frankston Project Act 2004 and the road being constructed under that Act; and
(b)to amend the Public Transport Competition Act 1995 with respect to regular passenger services and the grounds for taking disciplinary action against a person accredited under that Act; and
(c)to amend the Rail Corporations Act 1996 to change the name of the Spencer Street Station to the Southern Cross Station; and
(d)to amend the Road Safety Act 1986—
(i)to enable the use of information obtained from the engine management systems of vehicles for various enforcement purposes; and
(ii)to facilitate the operation of a good driver scheme; and
(e)to amend the Transport Act 1983—
(i)to make various changes concerning the regulation of entitlements to use public transport services; and
(ii)to widen the category of who may be appointed as an authorised officer; and
(iii)to make various miscellaneous changes to improve the operation of that Act; and
(f)to make minor amendments to the Melbourne City Link Act 1995, the Road Management Act 2004 and the Tobacco (Amendment) Act 2005.
2.Commencement
(1)This Act, other than Part 4, Division 1 of Part 9 and sections 9, 11, 12, 34, 35 and 40 to 47, comes into operation on the day after the day on which it receives the Royal Assent.
(2)Part 4, Division 1 of Part 9 and sections 34, 35 and 40 come into operation on a day or days to be proclaimed.
(3)Sections 9, 11 and 12 come into operation on a day to be proclaimed.
(4)Sections 41 to 47 come into operation on a day to be proclaimed.
(5)If a provision referred to in sub-section (2), (3) or (4) does not come into operation before 1 January 2007, it comes into operation on that day.
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Part 2—Amendments to the Melbourne City Link Act 1995
3.Miscellaneous minor amendments
(1)In the Melbourne City Link Act 1995—
(a)in the heading to section 6B, for "Director" substitute "Roads Corporation";
(b)in section 11(1), for "Translink" substitute "TransLink";
(c)in section 78(1), for "section 77(1)(a)" substitute "section 77(1)(b)(i)";
(d)in section 80(2)(b)(ii), for "77(1)(b)(ii) or section 87(3)(a)" substitute
"72(3) or 87(3)";
(e)in section 87(5) omit "or section 77(1)(b)(ii)".
(2)After section 73(3A) of the Melbourne City Link Act 1995 insert—
'(3B)In sub-section (3A), "invoice" means a request for the payment of a toll in respect of the trip and any associated toll administration fee.'.
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Part 3—Amendments to the Mitcham-Frankston Project Act 2004
4.Change of name of Act and road
(1)In the title to the Mitcham-Frankston Project Act 2004, for "Mitcham-Frankston" substitute "EastLink".
(2)In section 1 of the Mitcham-Frankston Project Act 2004, for "the Mitcham-Frankston Freeway" (wherever occurring) substitute "EastLink".
(3)In section 3(1) of the Mitcham-Frankston Project Act 2004—
(a)insert the following definition—
' "EastLink" means land declared under section 143 to be a road and includes any part of that land;';
(b)the definition of "Mitcham-Frankston Freeway" is repealed;
(c)in the definition of "freeway use agreement", for "the Mitcham-Frankston Freeway" substitute "EastLink";
(d)for the definition of "trip" substitute—
' "trip" means the driving of a vehicle on EastLink uninterrupted by exit from that freeway;'.
(4)In the Mitcham-Frankston Project Act 2004—
(a)in sections 35(a), 41(3), 41(4), 47(2)(a) and 79(3), for "Mitcham-Frankston" substitute "EastLink";
(b)in sections 140, 142(4), 143(5), 147, 195, 196, 204, 205, 207(2)(b), 210(2), 219, 220, 227(1), 254 and 258(1)(b), for "the Mitcham-Frankston Freeway" (wherever occurring) substitute "EastLink";
(c)in the headings to sections 143, 147, 204 and 220, for "Mitcham-Frankston Freeway" substitute "EastLink";
(d)in the heading to Division 4 of Part 7, for "Freeway" substitute "EastLink";
(e)in sections 205(1) and 219(1), for "that Freeway" substitute "that freeway";
(f)in the heading to Division 5 of Part 10, for "Mitcham-Frankston Freeway" substitute "EastLink".
(5)In section 198(4) of the Mitcham-Frankston Project Act 2004, after "a freeway" insert "use".
5.Insertion of section 259
After section 258 of the Mitcham-Frankston Project Act 2004 insert—
"259.Saving provision concerning change of Act name
Any reference to the Mitcham-Frankston Project Act 2004 in any Act, subordinate instrument, agreement or other document as far as it relates to any period after the commencement of Part 3 of the Transport Legislation (Further Miscellaneous Amendments) Act 2005 is to be treated as a reference to the EastLink Project Act 2004, unless the contrary intention appears.".
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Part 4—Amendments to the Public Transport Competition Act 1995
6.Insertion of section 3B
After section 3A of the Public Transport Competition Act 1995 insert—
'3B.Additional matters concerning the meaning of "regular passenger services"
For the purposes of paragraph (a) of the definition of "regular passenger service" in section 3(1)—
(a)a route is a fixed route even if—
(i)a stop on the route is not used on every journey, or ceases to be used altogether; or
(ii)different routes are used on different journeys of the service to get from one stop on the route to another stop on the route;
(b)a service operates on a regular basis even if—
(i)it only operates on any particular occasion if there is a sufficient level of demand for it; or
(ii)it requires a person using it to book or reserve a place before using it.'.
7.Expanded grounds for disciplinary action against accredited person
In section 20(2) of the Public Transport Competition Act 1995—
(a)in paragraph (a), after "negligently" insert
", recklessly";
(b)in paragraph (c), for "improperly." substitute "improperly; or";
(c)after paragraph (c) insert—
"(d)the person has failed to comply with a condition prescribed under section 10(1)(b) that requires the person—
(i)to retain any document required to demonstrate compliance with the conditions of accreditation; or
(ii)to make those documents available for inspection on demand by a specified person; or
(iii)to give a specified person an accurate copy of any of those documents; or
(iv)to permit or assist a specified person to audit and inspect those documents for the purpose of determining whether all or some of the conditions of accreditation are being complied with; or
(v)to provide a report about any aspect of the operation of a road transport passenger service relevant to the conditions of accreditation imposed by or under this Act; or
(vi)to have one or more of the following management information systems—
(A)a driver monitoring program that includes a record of complaints against drivers of public passenger vehicles operated by the person, action taken by the person regarding counselling, discipline and response to complainants and known infringements against this Act, the Road Safety Act 1986, the Transport Act 1983 and any regulations made under those Acts;
(B)a fleet register that includes a list of all public passenger vehicles operated by the person, the carrying capacity of each vehicle and the registration details of each vehicle;
(C)an accident register recording all accidents in which public passenger vehicles operated by the person are involved;
(D)an emergency management plan that includes plans and procedures for drivers of public passenger vehicles operated by the person that are involved in an accident or subject to dangerous conditions, and actions that drivers must undertake in the event of an accident or an emergency;
(E)a mobility enhancement strategy that includes plans to make public passenger vehicles operated by the person accessible for disabled customers in accordance with any applicable national standards established under the Disability Discrimination Act 1992 of the Commonwealth;
(F)a public complaints register that includes a record of all complaints received by the person that are not included in sub-sub-paragraph (A) and of the action taken by the person in response to complainants; or
(vii)to have measures in place to ensure that drivers of public passenger vehicles operated by the person are made aware that they are required to comply with section 59(1)(c) of the Road Safety Act 1986, or any other specified law, and to have appropriate procedures in place to monitor and record such compliance; or
(viii)to ensure that all public passenger vehicles operated by the person are in a safe operating condition at all times; or
(ix)to establish and maintain a maintenance management system for all public passenger vehicles operated by the person; or
(x)to ensure that any public passenger vehicle operated by the person has undertaken and passed an inspection by a specified tester; or
(e)the person has failed to comply with a condition imposed under section 10(1)(c); or
(f)the person has not paid any fee required by the regulations within 30 days after the date it was due.".
8.Additional offence concerning regular passenger services
(1)Insert the following heading to section 25 of the Public Transport Competition Act 1995—
"Service must not be operated or offered without service contract".
(2)At the end of section 25 of the Public Transport Competition Act 1995 insert—
"(2)A person must not offer a regular passenger service within (or partly within) the State to the public, or a section of the public, otherwise than under the authority of a service contract.
Penalty:100 penalty units.".
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Part 5—Amendments to the Rail Corporations Act 1996
9.Change of name of Station and Authority
(1)In the Rail Corporations Act 1996—
(a)in the heading to Division 2F of Part 2, for "Spencer Street" substitute "Southern Cross";
(b)in sections 18ZG, 18ZH, 18ZI, 18ZJ, 18ZK, 18ZL and 18ZM, for "Spencer Street" (wherever occurring) substitute "Southern Cross";
(c)insert the following heading to section 18ZH—
"Authority does not represent the Crown".
(2)In the Rail Corporations Act 1996—
(a)in section 3(1), in the definitions of "precinct" and "rail corporation", for "Spencer Street" substitute "Southern Cross";
(b)in sections 3(2)(a), 3(3)(a) and 3A, for "Spencer Street" substitute "Southern Cross";
(c)insert the following heading to section 3A—
"Southern Cross Station precinct";
(d)in section 38A, in paragraph (c) of the definition of "access provider", for "Spencer Street" substitute "Southern Cross";
(e)in sections 61(3)(ea), 62(4)(ea), 69(4)(b) and 70(3)(b), for "Spencer Street" (wherever occurring) substitute "Southern Cross";
(f)in Schedule 2, in the heading, for "Spencer Street" substitute "Southern Cross".
10.Clearance of trees
(1)For section 60(1) of the Rail Corporations Act 1996 substitute—
"(1)This section applies if any tree or wood in the vicinity of a railway track operated or maintained by a person to whom this section applies poses a risk to the safety of anyone on, or using, the railway track.
Examples
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.
(1A)The person may, by written notice, require the owner or occupier of any land on which the tree or wood is situated to fell and remove the tree or wood.".
(2)In sections 60(2) and 60(3) of the Rail Corporations Act 1996, for "sub-section (1)" substitute "sub-section (1A)".
(3)After section 60(5) of the Rail Corporations Act 1996 insert—
"(5A)Any person acting under sub-section (1A) or (4) may fell or remove any tree or wood that is the subject of a notice under sub-section (1A) 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.".
11.Insertion of sections 116–118
After section 115 of the Rail Corporations Act 1996 insert—
'116.Meaning of "relevant date" in sections 117 and 118
In sections 117 and 118 "relevant date" means the date of commencement of section 11 of the Transport Legislation (Further Miscellaneous Amendments) Act 2005.
117.Transitional provision concerning change of name of Station
Any reference to Spencer Street Station in any Act, subordinate instrument, agreement or other document as far as it relates to any period after the relevant date is to be treated as a reference to Southern Cross Station, unless the contrary intention appears.
118.Transitional and savings provisions concerning change of name of Authority
(1)For all relevant legal purposes, the Southern Cross Station Authority is to be taken to be the same body as the Spencer Street Station Authority was before the relevant date, in spite of the change of its name, and no matter or thing is to be affected because of that change.
(2)Any reference to the Spencer Street Station Authority in any Act, subordinate instrument, agreement or other document as far as it relates to any period after the relevant date is to be treated as a reference to the Southern Cross Station Authority, unless the contrary intention appears.'.
12.Consequential amendments to other Acts
(1)In Schedule 1 to the Borrowing and Investment Powers Act 1987, in item 13, for "Spencer Street" substitute "Southern Cross".
(2)In the Docklands Act 1991—
(a)in section 28(2)—
(i)for ", Spencer Street" substitute ", Southern Cross";
(ii)for "1996 Spencer Street Station Authority established under the Rail Corporations Act 1996" substitute "1996";
(b)in section 28(2A), for "Spencer Street" substitute "Southern Cross".
(3)In sections 2(2C)(a) and 2(2D)(a) of the Transport Act 1983, for "Spencer Street" substitute "Southern Cross".
(4)In sections 53(2)(b) and 53(3) of the Victorian Urban Development Authority Act 2003, for "Spencer Street" substitute "Southern Cross".
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Part 6—Amendments to the Road Management Act 2004
13.Consequential amendments concerning EastLink
(1)In section 3(1) of the Road Management Act 2004—
(a)insert the following definitions—
' "EastLink" means EastLink within the meaning of the EastLink Project Act 2004;
"EastLink Agreement" means the freeway use agreement within the meaning of the EastLink Project Act 2004;
"EastLink Corporation" means the Freeway Corporation within the meaning of the EastLink Project Act 2004;';
(b)the definitions of "Mitcham-Frankston Freeway", "Mitcham-Frankston Freeway Agreement" and "Mitcham-Frankston Freeway Corporation" are repealed;
(c)in the definition of "State road authority", for "the Mitcham-Frankston Freeway" substitute "EastLink".
(2)In the Road Management Act 2004—
(a)in sections 5(8A), 5(8B), 52(2A), 134A and 134B, for "Mitcham-Frankston Freeway Agreement" (wherever occurring) substitute "EastLink Agreement";
(b)in sections 5(8A), 5(8B), 17(1)(da), 52(2A), 63(2)(ba), 134A and 134B, and in item 1(ha) of Schedule 1, for "Mitcham-Frankston" (wherever occurring) substitute "EastLink";
(c)in sections 5(8B), 37(1A), 71(5A), 101(2), 112(3)(ba), 133A(2), 134A and 134B, for "Mitcham-Frankston Freeway Corporation" (wherever occurring) substitute "EastLink Corporation";
(d)in sections 37(1A), 52(2A), 71(5A), 112(3)(ba), 133A, 134A and 134B, and in item 1(ha) of Schedule 1, for "the Mitcham-Frankston Freeway" (wherever occurring) substitute "EastLink";
(e)in the headings to sections 133A, 134A and 134B, for "Mitcham-Frankston Freeway" substitute "EastLink";
(f)in the heading to section 134A, for "Freeway Corporation" substitute "EastLink Corporation";
(g)in section 134B(4), for "The Mitcham-Frankston Freeway" substitute "EastLink".
14.Repeal of redundant provisions
In the Road Management Act 2004—
(a)in section 135, for "Schedule 9 has" substitute "Schedules 9 and 10 have";
(b)Part 8 is repealed.
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Part 7—Amendments to the Road Safety Act 1986
15.Defective vehicles
After section 14(1) of the Road Safety Act 1986 insert—
"(1A)A member of the police force or a person referred to in section 13(6) may, in accordance with the regulations, also take any of the actions listed in sub-section (1) if he or she reasonably suspects, on the basis of any information derived from a vehicle's engine management system using, in accordance with the regulations, an engine management system reading device specified by the regulations, that the vehicle does not comply with this Act or the regulations.".
16.Insertion of section 79A
After section 79 of the Road Safety Act 1986 insert—
"79A.Evidence of engine management system data
If in any criminal proceedings, or for any purpose under this Act, any information held in a vehicle's engine management system is relevant, any representation of that information derived from an engine management system reading device specified by the regulations is to be presumed, in the absence of evidence to the contrary, to be an accurate record of that information if the device is operated in the manner specified for that device in the regulations and the information is derived in accordance with the regulations.".
17.Modification of effect of payment of infringement penalties
After section 89(7) of the Road Safety Act 1986 insert—
"(8)Despite anything to the contrary in this section, the fact that a person paid a penalty, was found guilty, participated in a diversion program or had a conviction imposed by the court, in respect of an infringement for which an infringement notice was served—
(a)may be recorded for the purposes of any scheme to provide discounted fees to good drivers; and
(b)may be used to wholly or partly exclude the person from the scheme.".
18.Disclosure of information outside Victoria to assist in the enforcement of infringement penalties
For section 92(3)(h) of the Road Safety Act 1986 substitute—
"(h)in accordance with an arrangement between a Minister of the Crown in right of Victoria and a Minister of the Crown in right of the Commonwealth or another State or a Territory, for the purposes of—
(i)the investigation or prosecution of an offence against the laws of the Commonwealth or that other State or Territory; or
(ii)the enforcement of a judgment or order of a court in such a prosecution; or
(iii)the enforcement of an infringement penalty (by whatever name it is known in the relevant jurisdiction) by the Commonwealth or that other State or Territory; or".
19.Additional regulation-making power
In Schedule 2 to the Road Safety Act 1986, after item 38 insert—
"38A.Devices for the purposes of reading information held in the engine management systems of vehicles; the handling, storage, use and maintenance of those devices; and the precautions to be taken and the procedures and methods to be employed in the use of those devices for ensuring that they give accurate and reliable results.
38B.The manner in which images or messages produced by devices referred to in item 38A are to be processed, stored, transferred, produced, re‑configured or used to produce other forms of images or messages.".
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Part 8—Amendments to the Tobacco (Amendment) Act 2005
20.Change to definition in relation to smoking offences
In section 27 of the Tobacco (Amendment) Act 2005, in proposed section 222A(4) of the Transport Act 1983, for the definition of "occupier" substitute—
' "occupier" means—
(a)in relation to a tram stop or a bus stop, the infrastructure manager (as defined in section 3(1) of the Road Management Act 2004) of the stop;
(b)in relation to a train platform, the occupier of the platform;'.
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Part 9—Amendments to the Transport Act 1983
Division 1—Regulation of Entitlement to Use Public Transport Services
21.Definitions
In section 208 of the Transport Act 1983—
(a)insert the following definition—
' "public transport service" means a service provided by a bus company or a passenger transport company to transport members of the public, and includes any ancillary matters such as allowing entry to any place used in relation to the provision of such a service;';
(b)the definition of "ticket" is repealed;
(c)for the definition of "ticket offence" substitute—
' "ticket offence" means an offence against Division 4 or any regulations made under section 221AA;'.
22.Change to Division heading
In the heading to Division 4 of Part VII of the Transport Act 1983, for "Ticket Offences" substitute "Regulation of Entitlement to Use Public Transport Services".
23.Insertion of sections 220A–220D
Before section 221 of the Transport Act 1983 insert—
"220A.Offence to dishonestly obtain a ticket etc.
A person must not by fraudulent means, by false or misleading representation, or by other dishonesty, obtain a ticket or other thing that can be used to prove an entitlement to use a public transport service.
Penalty:20 penalty units.
220B.Offence to counterfeit or alter a ticket
(1)A person must not counterfeit a ticket or other thing that can be used to prove an entitlement to use a public transport service.
Penalty:20 penalty units.
(2)A person must not alter, or attempt to alter, a ticket or other thing that can be used to prove an entitlement to use a public transport service with the intention of obtaining a benefit to which the person is not entitled.
Penalty:20 penalty units.
220C.Offence to claim exemption or concession if not entitled
A person must not claim or take the benefit of an exemption to pay for an entitlement to use a public transport service, or of a concessionary discount of such a payment, to which he or she is not entitled, if he or she knows that he or she is not entitled to that benefit.
Penalty:10 penalty units.
220D.Director may determine conditions
(1)The Director may determine any conditions to which an entitlement to use a specified public transport service provided by a passenger transport company or a bus company is to be subject.
(2)The Director must publish any conditions determined under sub-section (1) in the Government Gazette.
(3)An entitlement to use a public transport service is subject to any condition determined under sub-section (1) that has been published in the Government Gazette and that applies to the entitlement.
(4)If there is any inconsistency between a condition that has been determined under sub-section (1) and published in the Government Gazette and any other condition relating to an entitlement to use a public transport service, the condition determined under sub-section (1) is to prevail.
(5)The Director may, under sub-section (1), determine conditions that are to apply in respect of entitlements that exist, but that have not been exercised, before the conditions are published in the Government Gazette.
(6)Any conditions that were determined and published under section 221(1A) and that were in force immediately before the date of commencement of section 24 of the Transport Legislation (Further Miscellaneous Amendments) Act 2005 are deemed to have been determined and published under this section.".
24.Repeal of former ticketing provisions
In section 221 of the Transport Act 1983—
(a)insert the following heading to the section—
"Information not to be disclosed";
(b)sub-sections (1A), (1B), (2), (3), (4), (4A), (5) and (6) are repealed.
25.Substitution of section 221AA
For section 221AA of the Transport Act 1983 substitute—
"221AA.Regulations concerning entitlement to use public transport services
(1)The Governor in Council may make regulations for or with respect to—
(a)regulating entitlement to use a public transport service including, for example—
(i)regulating or specifying methods of obtaining that entitlement and proving that such an entitlement exists;
(ii)regulating the use of tickets or other means by which proof of such entitlements may be made, including specifying the circumstances in which it or they, or anything that is claimed to be a ticket or other proof, is, or are, to be surrendered;
(b)deeming the existence of contracts, or the elements of contracts, between providers, sellers (whether retail or otherwise), buyers or users of entitlements to use a public transport service, or providers of a public transport service, in relation to those entitlements, and regulating or specifying the contents of those contracts;
Example
Under a particular ticketing system a person may be able to buy a ticket to use a tram operated by a passenger transport company from an agency that is independent of the company, and then to give that ticket to a person who uses it to travel on the tram. Paragraph (b) enables the making of a regulation that could deem a contract to exist between the passenger transport company and the person on the tram.
(c)ensuring that those using, or who have used, public transport services are, or were at the time of use, entitled to do so including, for example—
(i)providing for the ascertainment of whether a person using, or who has used, a public transport service was entitled to do so, and providing for the inspection, reading and testing (by whatever means, including mechanical means), whether before, during or after the use, of tickets or other proof of entitlement;
(ii)providing for the inspection of any documents that are required to show that the correct amount has been paid for a particular entitlement;
(d)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to ensure that users of public transport services fairly contribute to the cost of providing the services.
(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 sub-paragraphs (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; and
(f)may provide in a specified case or class of case for the exemption of people or things from any of the provisions of this Act or the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and
(g)may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.".
Division 2—Amendments Concerning Authorised Officers
26.Additional definition
In section 2(1) of the Transport Act 1983, insert the following definition—
' "Bus Association Victoria" means the incorporated association registered as Bus Association Victoria Inc. (registration number A0023338R);'.
27.Authorisation of other authorised officers
(1)This section amends the Transport Act 1983.
(2)At the end of section 221AB insert—
"(2)The Secretary may authorise a person who is employed or engaged by the Bus Association Victoria to act as an authorised officer for the purposes of this Part.".
(3)In section 221C(d) omit "of Part VII".
(4)At the end of section 221C insert—
"(2)In addition, in the case of a person who is employed or engaged by the Bus Association Victoria, the Secretary may only give the person an authorisation to act as an authorised officer if the Bus Association Victoria is accredited by the Secretary under Division 4A.".
(5)In section 221N—
(a)in paragraph (a) omit "of Part VII";
(b)in paragraph (b), for "4A of Part VII." substitute "4A; or";
(c)after paragraph (b) insert—
"(c)in the case of an authorisation granted under section 221AB(2)—
(i)the Bus Association Victoria ceases to be accredited under Division 4A; or
(ii)the authorised officer ceases to be employed or engaged by the Bus Association Victoria.".
(6)In section 221S(1), after "or bus company" insert "or by the Bus Association Victoria".
(7)In sections 228A(1) and 228DA, after "or bus company" insert "or the Bus Association Victoria".
(8)After section 228C(2) insert—
"(3)If the Secretary gives accreditation to the Bus Association Victoria, a reference in this Division to an accredited company is to be read as including a reference to that Association.".
(9)Insert the following heading to section 228DA—
"Accredited companies must comply with conditions".
(10)In section 228L(1), after "or a bus company" insert "or the Bus Association Victoria".
(11)In sections 228M and 228N, after "or bus company" (wherever occurring) insert "or the Bus Association Victoria".
(12)After section 228N(4) insert—
"(5)If the Bus Association Victoria is, or was, given accreditation, a reference to a company in this section is to be read as including a reference to that Association.".
(13)In section 228P(1) omit "given to a passenger transport company or bus company".
(14)In sections 228P(3), 228Q and 228R(1), for "passenger transport company or bus company" substitute "company or association".
(15)In section 228R(1)—
(a)in paragraphs (a) and (c), after "company" insert "or association";
(b)in paragraph (b), after "company's" insert "or association's".
(16)In section 228R(2), for "passenger transport company" (wherever occurring) substitute "company or association".
(17)In section 229(1AA), after "or a bus company" insert "or, if it is accredited under Division 4A, the Bus Association Victoria".
28.Minor house-keeping amendment
In sections 221C(a) and 221C(c) of the Transport Act 1983, for "person" substitute "officer".
29.Insertion of sections 221CB and 221CC
After section 221CA of the Transport Act 1983 insert—
"221CB.Scope of authorisation may be limited
(1)The Secretary or the Director may at any time limit the scope of an authorisation given to a person by—
(a)specifying that the person may only exercise specified powers or functions under the authorisation; or
(b)specifying that the person may not exercise specified powers or functions under the authorisation.
(2)If the Secretary or Director limits the scope of a person's authorisation, he or she must give the person written details of the limitations that apply to the authorisation.
(3)A limitation on a person's authorisation under this section only takes effect when the person receives the details required by sub-section (2).
221CC.Non-compliance with a limit
A person whose authorisation is subject to a limit imposed under section 221CB must not knowingly exercise, or attempt to exercise, a power or function in contravention of the limit.
Penalty:10 penalty units.".
30.Insertion of section 221FA
After section 221F of the Transport Act 1983 insert—
"221FA.Clarification of places in which certain authorised officers may operate
A person authorised under section 221AB may exercise the powers of an authorised officer in, on or in relation to—
(a)any vehicle owned or operated by, or on behalf of, a passenger transport company or a bus company; or
(b)any land, building or other property of a passenger transport company or a bus company—
regardless of whether or not he or she is employed or engaged by that company.".
Division 3—Other Miscellaneous Amendments
31.Additional powers of the Director
(1)In section 9(2) of the Transport Act 1983—
(a)for "Subject to the approval of the Minister, the" substitute "The";
(b)in paragraph (g), for "services." substitute "services;";
(c)after paragraph (g) insert—
"(h)give indemnities, guarantees, releases and charges, and anything else of a similar nature;
(i)acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);
(j)assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right;
(k)seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;
(l)seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright.".
(2)After section 9(7) of the Transport Act 1983 insert—
"(8)The Director is deemed to have been authorised—
(a)to give any indemnity, guarantee, release, charge or thing of a similar nature that was given by the Director before the date of commencement of section 31 of the Transport Legislation (Further Miscellaneous Amendments) Act 2005; and
(b)to have done anything referred to in paragraphs (i), (j), (k) and (l) that was done by the Director before that date.".
32.Clearance of trees
(1)For section 9C(1) of the Transport Act 1983 substitute—
"(1)This section applies if any tree or wood in the vicinity of a railway track operated or maintained by the Director on behalf of the Crown poses a risk to the safety of anyone on, or using, the railway track.
Examples
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.
(1A)The Director may, on behalf of the Crown, by written notice, require the owner or occupier of any land on which the tree or wood is situated to fell and remove the tree or wood.".
(2)In sections 9C(2) and 9C(3) of the Transport Act 1983, for "sub-section (1)" substitute
"sub-section (1A)".
(3)After section 9C(5) of the Transport Act 1983 insert—
"(6)Any person acting under sub-section (1A) or (4) may fell or remove any tree or wood that is the subject of a notice under sub-section (1A) 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.".
33.Clarification of delegation power
In section 32(1A) of the Transport Act 1983, for "under this Act or the regulations" substitute "conferred by or under this Act or by".
34.Additional regulation-making powers
(1)For sections 56(1)(b) and 56(1)(ba) of the Transport Act 1983 substitute—
"(b)prohibiting conduct in relation to, or regulating the conduct of anyone in or on, any vehicle or place belonging to, or under the control of, Rail Track, the Roads Corporation, a passenger transport company, a rail freight operator or a bus company, including, for example, prohibiting or regulating the following conduct on the vehicle or place—
(i)littering;
(ii)gambling;
(iii)graffiti;
(iv)damage to property;
(v)the possession of open containers of liquor or containers that purport to contain liquor;
(vi)the crossing of railway tracks and tramway tracks in specified circumstances;
(ba)providing for the removal and disposal of open containers of liquor, or containers that purport to contain liquor, in or on those vehicles or places;".
(2)After section 56(1)(g) of the Transport Act 1983 insert—
"(ga)in relation to the parking of vehicles on any place belonging to, or under the control of, Rail Track, a passenger transport company, a rail freight operator or a bus company—
(i)regulating the circumstances in which the parking may occur, including, for example—
(A)specifying the conditions and restrictions to which the parking is subject, or to which it may be made subject (including the payment of fees and whether owner onus applies);
(B)providing for different provisions or conditions and restrictions to apply to different areas of the place;
(ii)providing for signs and marks, and for control devices such as barriers and devices to restrict entry or exit;
(iii)specifying the legal effects of signs, marks and devices, and the evidence that is sufficient to prove their existence and effect;
(iv)providing for authorised officers to require an occupant, or an intending occupant, of a vehicle at the place to produce evidence that any condition or restriction applying to parking at that place has been complied with;
(v)providing for the person in control of the place, any person acting on behalf of that person and authorised officers to give directions in relation to the parking of a vehicle at the place (including directions that the vehicle not be parked at the place, or that the vehicle be removed from the place) to the owner or driver of the vehicle, regardless of whether the person is in the vehicle, and regardless of where the person giving the direction is at the time that the direction is given;
(vi)authorising the person in control of the place, or an authorised officer, to do anything that is necessary to enable the enforcement of regulations made under this paragraph;".
(3)Sections 56(1)(n) and 56(1)(o) of the Transport Act 1983 are repealed.
(4)After section 56(4) of the Transport Act 1983 insert—
"(5)A reference to parking in sub-section (1)(ga) includes a reference to leaving a vehicle standing.".
(5)The amendment made by sub-section (1) does not affect the validity of the Transport (Ticketing and Conduct) Regulations 2005 or the Transport (Passenger Vehicles) Regulations 2005.
35.Criteria for granting hire car licences
(1)For sections 142(1)(a) and 142(1)(b) of the Transport Act 1983 substitute—
"(a)either—
(i)the granting of the licence is consistent with any determination of policy made by the Minister under section 89; or
(ii)the Minister has approved the granting of the licence even though to do so would be inconsistent with a determination of policy made by him or her under section 89; and
(b)in the case of an application for a hire car licence in respect of a hire car that is to be operated from a place in a specified area—
(i)the licensing authority has had regard to the interests of the people who either require, or provide, taxi-cab services or hire car services in any particular district or districts within which the service is proposed to be provided that is, or that are, in the specified area; and
(ii)the licensing authority has had regard to whether or not the granting of the application would be likely to adversely affect the viability of the provision of existing taxi-cab or hire car services in that district or those districts.".
(2)After section 142(1) of the Transport Act 1983 insert—
'(1A)For the purposes of sub-section (1)(b), a "specified area" is an area specified by the licensing authority for the purposes of sub-section (1)(b) by notice published in the Government Gazette.'.
36.Allocation scheme not to apply to certain freeway towing
(1)After section 183B(4) of the Transport Act 1983 insert—
"(5)This section does not apply to a tow truck driver who attends an accident scene, or who tows or attempts to tow a damaged vehicle from an accident scene, if—
(a)the accident scene is on a freeway or a road that has been declared to be a road to which section 119A of the Road Management Act 2004 applies; and
(b)the tow truck driver is authorised under section 119A of the Road Management Act 2004 to attend accident scenes on that road; and
(c)in a case in which the tow truck driver tows the damaged vehicle from the accident scene, the tow truck driver tows the vehicle to a safe and convenient place near the road.".
(2)At the end of section 183C of the Transport Act 1983 insert—
"(2)A tow truck driver must not, without having obtained authorisation from, and been given a job number by, an allocation centre tow, or attempt to tow, a damaged vehicle that was towed in the circumstances set out in section 183B(5) to a safe and convenient place from that place.".
(3)Section 119A(3) of the Road Management Act 2004 is repealed.
37.Additional regulation-making powers concerning graduated penalties
In section 215(2) of the Transport Act 1983—
(a)in paragraph (b), for "apply." substitute "apply; and";
(b)after paragraph (b) insert—
"(c)provide for a penalty imposed to be revised if—
(i)one or more of the infringement notices on which the amount of the penalty is based is cancelled after the penalty is imposed; or
(ii)the penalty is imposed on the basis of an incorrect number of earlier infringement notices ; and
(d)if a penalty imposed is revised, provide for a refund of any amount of penalty that has been overpaid.".
38.Additional power to inspect motor vehicles
In section 216(6) of the Transport Act 1983—
(a)in paragraph (c), for "inspected." substitute "inspected; and";
(b)after paragraph (c) insert—
"(d)extract or copy any information that is held in any engine management system or related system of the vehicle.".
39.Additional inspection power concerning heavy vehicles
(1)In section 217A(3) of the Transport Act 1983, after "discovers" insert ", or reasonably suspects,".
(2)After section 217A(3) of the Transport Act 1983 insert—
'(4)For the purposes of sub-section (3), "reasonably suspects" means that the person has formed a reasonable suspicion on the basis of information derived from the vehicle's engine management system using, in accordance with regulations made under the Road Safety Act 1986, an engine management system reading device specified by those regulations.'.
40.Power to require name and address
(1)For section 218B(3) of the Transport Act 1983 substitute—
"(3)An authorised officer or member of the police force who makes a request under sub-section (2) must—
(a)inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence; and
(b)must, except in the case of a member of the police force who is in uniform—
(i)inform the person that he or she is an authorised officer or member of the police force; and
(ii)state his or her name; and
(iii)produce for inspection by the person proof that he or she is an authorised officer or a member of the police force; and
(c)inform the person that a failure to comply with the request, or the provision of a false name or address, is an offence.".
(2)For section 218B(5) of the Transport Act 1983 substitute—
"(5)Despite sub-section (4), it is not an offence for a person to fail to comply with a request made under sub-section (2) if the authorised officer or member of the police force did not fully comply with sub-section (3)(b) or (3)(c) in making the request.".
(3)For sections 218B(6) and 218B(6A) of the Transport Act 1983 substitute—
"(6)If a person states a name and address in response to a request made under sub-section (2), the officer or member may request the person to provide evidence of the correctness of the name and address.".
41.Insertion of section 220AA
After the heading to Division 4 of Part VII of the Transport Act 1983 insert—
"220AA.False reports to officers
A person must not give information that is relevant or possibly relevant for the purposes of this Division (including for the purposes of any relevant regulations) and that the person knows, or believes, to be false to any of the following who is performing a function under this Division—
(a)any member of the police force;
(b)an authorised officer;
(c)a person employed by a passenger transport company or a bus company who has duties in relation to the issue, inspection or collection of tickets for, or the operation of, a vehicle operated by the company;
(d)any other person appointed in writing by a passenger transport company, a bus company, a rail freight operator, Rail Track or the Secretary for the purposes of the regulations.
Penalty:10 penalty units.".
42.Repeal of smoking offence
Section 222A of the Transport Act 1983 is repealed.
43.Insertion of section 224
After section 223F of the Transport Act 1983 insert—
'224.Offence to provide false or misleading information
(1)A person must not either deliberately or recklessly—
(a)provide any information under this Act that is false or misleading in a material detail; or
(b)provide under this Act any document that is false or misleading in a material detail; or
(c)make any representation under this Act that provides a false or misleading impression of a material detail; or
(d)fail to include any material matter in any information or document provided under this Act if the failure causes the information or document to be false or misleading; or
(e)engage in conduct, or a course of conduct, for a purpose that is relevant to this Act, if that conduct is misleading or deceptive, or is likely to mislead or deceive.
Penalty:300 penalty units, in the case of a corporation;
Level 9 imprisonment (6 months maximum) or 60 penalty units or both, in any other case.
(2)Sub-section (1) does not apply to any conduct that is an offence under section 220AA (providing false information in relation to an entitlement to use a public transport service).
(3)Sub-section (1)(b) does not apply if, at the time the person provided the document to the person or body to whom the document was provided, the person either—
(a)informed that person or body that the record contained a material detail that was false or misleading and specified in what respect it was false or misleading; or
(b)took all reasonable steps to provide that person or body with that information.
(4)A reference in this section to "under this Act" or "relevant to this Act" is to be read as including a reference to any purpose associated with this Act or the regulations, and regardless of whether the information, document, representation or conduct was required to be provided, or was provided voluntarily.'.
44.Consequential repeals of other false information provisions
Sections 91, 125, 129R(3), 225A and 228L of the Transport Act 1983 are repealed.
45.Substitution of section 225
For section 225 of the Transport Act 1983 substitute—
'225.Offence to assault or obstruct officers etc.
(1)In this section—
"officer" means—
(a)any officer or agent of the Corporation or of the Department, or an authorised officer, who is acting in the execution of his or her duty under this or any other Act, or under regulations made under this Act;
(b)a person employed by a passenger transport company or a bus company who has duties in relation to the issue, inspection or collection of tickets for, or the operation of, a vehicle operated by the company who is acting in the execution of his or her duties;
(c)any other person appointed in writing by a passenger transport company, a bus company, a rail freight operator, Rail Track or the Secretary for the purposes of the regulations who is acting in the execution of his or her duties in relation to the appointment;
"officer's assistant" means any person lawfully assisting an officer in the execution of his or her duty under this or any other Act, or under regulations made under this Act.
(2)A person must not, without reasonable excuse, assault or incite or encourage any other person to assault an officer or an officer's assistant.
Penalty:300 penalty units, in the case of a corporation;
Level 9 imprisonment (6 months maximum) or 60 penalty units or both, in any other case.
(3)A person must not, without reasonable excuse—
(a)obstruct, hinder or refuse to comply with a lawful request or direction of; or
(b)incite or encourage any other person to obstruct, hinder or refuse to comply with a lawful request or direction of—
an officer or an officer's assistant.
Penalty:300 penalty units, in the case of a corporation;
60 penalty units, in any other case.'.
46.Substitution of section 225B
For section 225B of the Transport Act 1983 substitute—
"225B.Offence to impersonate an officer
A person must not, directly or indirectly, falsely represent himself, herself or itself to be—
(a)an officer of the Department or the Corporation; or
(b)an authorised officer (within the meaning of any provision of this Act); or
(c)a person who is authorised to exercise a power or to carry out a function under this Act.
Penalty:300 penalty units, in the case of a corporation;
Level 9 imprisonment (6 months maximum) or 60 penalty units or both, in any other case.".
47.Substitution of section 225C
For section 225C of the Transport Act 1983 substitute—
'225C.Offence to offer, give, solicit or accept a bribe
(1)In this section—
"bribe" means anything that provides, or that would provide, a benefit or an advantage to an officer or to anyone known to an officer;
"officer" means any officer of the Department, or an authorised officer.
(2)A person must not, directly or indirectly, give, offer to give, cause to be given or attempt to give any bribe to an officer for the purpose of inducing the officer to forgo his or her duty, or to carry out his or her duty in a manner that he or she would not usually carry it out.
Penalty:300 penalty units, in the case of a corporation;
60 penalty units, in any other case.
(3)An officer must not, directly or indirectly, solicit or accept, or attempt to solicit or accept, any bribe for the purpose of inducing him or her to forgo his or her duty, or to carry out his or her duty in a manner that he or she would not usually carry it out.
Penalty:Level 9 imprisonment (6 months maximum) or 60 penalty units or both.'.
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Endnotes
Minister's second reading speech—
Legislative Assembly: 19 October 2005
Legislative Council: 16 November 2005
The long title for the Bill for this Act was "to amend the Melbourne City Link Act 1995, the Mitcham-Frankston Project Act 2004, the Public Transport Competition Act 1995, the Rail Corporations Act 1996, the Road Management Act 2004, the Road Safety Act 1986, the Tobacco (Amendment) Act 2005 and the Transport Act 1983 and for other purposes."
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