Untitled document

Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016

No. 71 of 2016

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3Definitions—Section 2

4Definitions—Section 208

5Transport and ticket infringements

6Repeal of section 212AA

7Repeal of sections 220DB, 220DC, 220DD and 220DE

8Regulations concerning entitlement to use public transport services

9New Division 12 inserted in Part VIII

10Repeal

═══════════════

Endnotes

1      General information

Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016

No. 71 of 2016

[Assented to 29 November 2016]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend the Transport (Compliance and Miscellaneous) Act 1983—

(a)to abolish the on-the-spot penalty fares scheme; and

(b)to make minor and technical changes.

2Commencement

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

(2)If a provision of this Act does not come into operation before 1 October 2017, it comes into operation on that day.

3Definitions—Section 2

In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983, for the definition of entitlement to use a public transport service substitute—

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

4Definitions—Section 208

In section 208 of the Transport (Compliance and Miscellaneous) Act 1983, the definitions
of on-the-spot penalty fare, on-the-spot penalty ticket and on-the-spot penalty ticket offence are repealed.

5Transport and ticket infringements

In section 212(1B) of the Transport (Compliance and Miscellaneous) Act 1983,
for "Subject to section 212AA, any" substitute "Any".

6Repeal of section 212AA

Section 212AA of the Transport (Compliance and Miscellaneous) Act 1983 is repealed.

7Repeal of sections 220DB, 220DC, 220DD
and 220DE

Sections 220DB, 220DC, 220DD and 220DE of the Transport (Compliance and Miscellaneous) Act 1983 are repealed.

8Regulations concerning entitlement to use public transport services

Section 221AA(1)(a)(iii) to (ix) of the Transport (Compliance and Miscellaneous) Act 1983 are repealed.

9New Division 12 inserted in Part VIII

After Division 11 of Part VIII of the Transport (Compliance and Miscellaneous) Act 1983 insert—

"Division 12—Transitional provisions—Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016

356Continuation of protection for persons who have paid on-the-spot penalty fares

Section 212AA(7) as in force immediately before the commencement of section 6 of

the Transport (Compliance and Miscellaneous) Amendment (Abolition
of the Penalty Fares Scheme) Act 2016 continues to apply to a person who has

paid an on-the-spot penalty fare before

that commencement.

357Allocation of on-the-spot penalty fares

Section 220DD as in force immediately before the commencement of section 7

of the Transport (Compliance and Miscellaneous) Amendment (Abolition
of the Penalty Fares Scheme) Act 2016 continues to apply to—

(a)any amount of an on-the-spot penalty fare received by an authorised officer

or other person under section 212AA (as in force before its repeal) before that commencement that has not been dealt with by the officer or person in accordance with section 220DD before that commencement; and

(b)any amount of an on-the-spot penalty fare received by the Public Transport Development Authority under Part VII before that commencement that has not been dealt with by it in accordance with section 220DD before that commencement.".

10Repeal

This Act is repealed on 1 October 2018.

Note

The repeal of this Act does not affect the continuing

operation of the amendments made by it (see section 15(1)

of the Interpretation of Legislation Act 1984).

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 12 October 2016

Legislative Council: 8 November 2016

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