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Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999

Act No. 63/1999

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purposes 1
2. Commencement 2
PART 2—AMENDMENTS TO THE RAIL CORPORATIONS ACT
1996 3

3. Abolition of Met Train 1 3
4. Abolition of Met Train 2 3
5. Abolition of Met Tram 1 4
6. Abolition of Met Tram 2 4
7. Abolition of V/Line Passenger Corporation 4
8. New sections 109 to 113 inserted 5

"109. Abolition of Met Train 1 5
110. Abolition of Met Train 2 5
111. Abolition of Met Tram 1 6
112. Abolition of Met Tram 2 6
113. Abolition of V/Line Passenger Corporation 7

9. Minor amendments 7

PART 3—AMENDMENTS TO THE TRANSPORT ACT 1983 10

10. Power to arrest suspected offenders 10
11. Power to remove offenders 10
12. Minor amendments 11
13. Statute law revision 11

PART 4—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 12

14. Borrowing and Investment Powers Act 1987 12
15. Treasury Corporation of Victoria Act 1992 12

═══════════════

NOTES 14

i

Victoria

No. 63 of 1999

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999†
[Assented to 21 December 1999]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a)

to provide for the abolition of certain statutory corporations established under the Rail Corporations Act 1996; and

(b)

to amend the Transport Act 1983 to enable certain employees in the Department of

Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999

Act No. 63/1999 s. 2
Infrastructure to be authorised to exercise a power to arrest, or remove from public transport property or vehicles, persons suspected of having offended against that Act or the regulations made under it.

2. Commencement
(1) This Part and section 13 come into operation on the day after the day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 2001, it
comes into operation on that day.

_______________
Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999

s. 3	Act No. 63/1999

PART 2—AMENDMENTS TO THE RAIL CORPORATIONS

ACT 1996

3. Abolition of Met Train 1

No. 79/1996.	(1) Division 2A of Part 2 of the Rail Corporations
Reprint No. 1
as at 29 April	Act 1996 is repealed.
1999. Further
amended by	(2) In the definition of "rail corporation" in section
Nos 104/1997,
46/1998,	3(1) of the Rail Corporations Act 1996, omit
47/1998,	"Met Train 1 or".
85/1998,
98/1998 and	(3) In Part 4 of the Rail Corporations Act 1996—
45/1999.

(a) in section 60(6)(c), omit "Met Train 1"; (b) in section 61(3)(d), omit "Met Train 1"; (c) in section 62(4)(d), omit "Met Train 1"; (d) in section 64(2)(d), omit "Met Train 1"; (e) in section 66(4)(a), omit "Met Train 1"; (f) in section 67(3)(d), omit "Met Train 1".

4. Abolition of Met Train 2
(1) Division 2B of Part 2 of the Rail Corporations
Act 1996 is repealed.

(2) In the definition of "rail corporation" in section 3(1) of the Rail Corporations Act 1996, omit "Met Train 2 or".
(3) In Part 4 of the Rail Corporations Act 1996—
(a) in section 60(6)(c), omit "and Met Train 2"; (b) in section 61(3)(d), omit "and Met Train 2"; (c) in section 62(4)(d), omit "and Met Train 2"; (d) in section 64(2)(d), omit "and Met Train 2"; (e) in section 66(4)(a), omit "and Met Train 2"; (f) in section 67(3)(d), omit "and Met Train 2".

Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999

Act No. 63/1999 s. 5

5. Abolition of Met Tram 1
(1) Division 2C of Part 2 of the Rail Corporations
Act 1996 is repealed.

(2) In the definition of "rail corporation" in section 3(1) of the Rail Corporations Act 1996, omit "Met Tram 1 or".
(3) In Part 4 of the Rail Corporations Act 1996—
(a) in section 61(3)(e), omit "Met Tram 1"; (b) in section 62(4)(e), omit "Met Tram 1"; (c) in section 63(4)(b), omit "Met Tram 1"; (d) in section 64(2)(e), omit "Met Tram 1"; (e) in section 65(2)(a), omit "Met Tram 1"; (f) in section 66(4)(b), omit "Met Tram 1"; (g) in section 67(3)(e), omit "Met Tram 1".

6. Abolition of Met Tram 2
(1) Division 2D of Part 2 of the Rail Corporations
Act 1996 is repealed.

(2) In the definition of "rail corporation" in section 3(1) of the Rail Corporations Act 1996, omit "Met Tram 2 or".
(3) In Part 4 of the Rail Corporations Act 1996—
(a) in section 61(3)(e), omit "and Met Tram 2"; (b) in section 62(4)(e), omit "and Met Tram 2"; (c) in section 63(4)(b), omit "and Met Tram 2"; (d) in section 64(2)(e), omit "and Met Tram 2"; (e) in section 65(2)(a), omit "and Met Tram 2"; (f) in section 66(4)(b), omit "and Met Tram 2"; (g) in section 67(3)(e), omit "and Met Tram 2".

7. Abolition of V/Line Passenger Corporation
Rail Corporations and Transport Acts (Miscellaneous

Amendments) Act 1999

s. 8	Act No. 63/1999

(1) Division 2E of Part 2 of the Rail Corporations
Act 1996 is repealed.

(2) In the definition of "rail corporation" in section 3(1) of the Rail Corporations Act 1996, omit "V/Line Passenger Corporation or".
(3) In Part 4 of the Rail Corporations Act 1996—
(a) section 61(3)(b) is repealed; (b) section 62(4)(b) is repealed; (c) section 64(2)(b) is repealed; (d) in section 64(2)(i), omit "(b),";
(e) section 67(3)(b) is repealed;
(f) in section 67(3)(i), omit "(b),".

8. New sections 109 to 113 inserted
In Part 7 of the Rail Corporations Act 1996, after section 108 insert—

"109. Abolition of Met Train 1
On the commencement of section 3(1) of the
Rail Corporations and Transport Acts
(Miscellaneous Amendments) Act 1999—
(a) Met Train 1 is abolished;

(b)

all directors of Met Train 1 go out of office;

(c)

the chief executive officer of Met Train 1 goes out of office;
(d) the Public Transport Corporation
established under Part II of the
Transport Act 1983 becomes the
successor in law of Met Train 1.
110. Abolition of Met Train 2

Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999

Act No. 63/1999

On the commencement of section 4(1) of the
Rail Corporations and Transport Acts
(Miscellaneous Amendments) Act 1999—
(a) Met Train 2 is abolished;

(b)

all directors of Met Train 2 go out of office;

(c)

the chief executive officer of Met Train 2 goes out of office;
(d) the Public Transport Corporation
established under Part II of the
Transport Act 1983 becomes the
successor in law of Met Train 2.

111.
Abolition of Met Tram 1 Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999—
(a) Met Tram 1 is abolished;

(b)

all directors of Met Tram 1 go out of office;

(c)

the chief executive officer of Met Tram 1 goes out of office;
(d) the Public Transport Corporation
established under Part II of the
Transport Act 1983 becomes the
successor in law of Met Tram 1.

112.
Abolition of Met Tram 2 Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999—
(a) Met Tram 2 is abolished;

Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999

s. 9	Act No. 63/1999

(b) all directors of Met Tram 2 go out of office;
(c) the chief executive officer of Met Tram 2 goes out of office;
(d) the Public Transport Corporation
established under Part II of the
Transport Act 1983 becomes the
successor in law of Met Tram 2.
113. Abolition of V/Line Passenger Corporation On the commencement of section 7(1) of the Rail Corporations and Transport Acts
(Miscellaneous Amendments) Act 1999—

(a) V/Line Passenger Corporation is
abolished;
(b) all directors of V/Line Passenger Corporation go out of office;
(c)
the chief executive officer of V/Line office;

(d)
established under Part II of the
Transport Act 1983 becomes the
the Public Transport Corporation Corporation.".

9. Minor amendments
(1) In section 3(1) of the Rail Corporations Act
1996, in the definition of "rail transport service",
after "Corporation," insert "the Spencer Street
Station Authority,".

(2) In section 38O(1) of the Rail Corporations Act
1996, after "rail" (where first occurring) insert "or
tram".

Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999

Act No. 63/1999 s. 9
(3) The Rail Corporations Act 1996 is amended as
follows—
(a) section 60(6)(a) is repealed; (b) section 60(6)(c) is repealed; (c) section 61(3)(a) is repealed; (d) section 61(3)(d) is repealed; (e) section 61(3)(e) is repealed; (f) section 62(4)(a) is repealed; (g) section 62(4)(d) is repealed; (h) section 62(4)(e) is repealed; (i) section 63(4)(b) is repealed; (j) section 64(2)(a) is repealed; (k) section 64(2)(d) is repealed; (l) section 64(2)(e) is repealed;
(m) in section 64(2)(i), omit "(a),"; (n) in section 64(2)(i), omit "(d),"; (o) in section 64(2)(i), omit "(e),"; (p) section 65(2)(a) is repealed;
(q) in section 65(2)(d), omit "(a),";
(r) section 66(4)(a) is repealed;
(s) section 66(4)(b) is repealed;
(t) section 67(3)(a) is repealed;
(u) section 67(3)(d) is repealed;
(v) section 67(3)(e) is repealed;
(w) in section 67(3)(i), omit "(a),";
(x) in section 67(3)(i), omit "(d),";
(y) in section 67(3)(i), omit "(e),".

Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999

s. 9	Act No. 63/1999
_______________

Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999

Act No. 63/1999 s. 10

PART 3—AMENDMENTS TO THE TRANSPORT ACT 1983

10. Power to arrest suspected offenders

In section 219 of the Transport Act 1983, for No. 9921.
Reprint No. 6
sub-section (1AA) substitute— as at 1 July
1998. Further

'(1A) In this section—

amended by Nos 85/1998,

"relevant employee", in relation to the

98/1998, 99/1998,

Department, means an employee in the 102/1998,
Department employed under Part 3 of 6/1999 and
the Public Sector Management and 45/1999.
Employment Act 1998 who—

(a)
employment under that Part, was
immediately before their Corporation; or

(b)

is authorised in writing by the Secretary either generally or in a particular case for the purposes of this section.'.

11. Power to remove offenders
In section 220(1) of the Transport Act 1983, for
the definition of "relevant employee" substitute—
' "relevant employee", in relation to the
Department, means an employee in the
Department employed under Part 3 of the
Public Sector Management and
Employment Act 1998 who—

(a)

immediately before their employment under that Part, was an officer of the Public Transport Corporation; or

(b)

is authorised in writing by the Secretary either generally or in a particular case for the purposes of this section.'.

Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999

s. 12

Act No. 63/1999

12. Minor amendments
(1) In section 2(1) of the Transport Act 1983, in the
definition of "passenger transport company"—
(a) paragraph (b) is repealed;
(b) in paragraph (c), omit "Met Train 1";
(c) in paragraph (c), omit "and Met Train 2";
(d) paragraph (c) is repealed;
(e) in paragraph (d), omit "Met Tram 1";
(f) in paragraph (d), omit "and Met Tram 2";
(g) paragraph (d) is repealed.

(2) In section 2(1) of the Transport Act 1983, in the definition of "rail freight operator", paragraph (a) is repealed.

13. Statute law revision
(1) In section 208 of the Transport Act 1983, in
paragraph (b) of the definition of "safety work
infringement", for "93(6)" substitute "93(7)".
(2) In Part VII of the Transport Act 1983, for the
heading to Division 4 substitute "Division 4—
Ticket Offences".

(3) After section 221S of the Transport Act 1983
insert "Division 4AB—Further Offences".

(4) In section 228R(1)(a) of the Transport Act 1983,
after "renewal of accreditation" insert "by that
company".

_______________
Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999

Act No. 63/1999 s. 14

PART 4—CONSEQUENTIAL AMENDMENTS TO OTHER

ACTS

14. Borrowing and Investment Powers Act 1987

In Schedule 1 to the Borrowing and Investment

No. 13/1987. Reprint No. 5
Powers Act 1987— as at
1 February

(a) item 8A is repealed;

1999. Further amended by

(b) item 8B is repealed;

Nos 8/1999 and 45/1999.

(c) item 8C is repealed; (d) item 8D is repealed; (e) item 23B is repealed;
(f) item 23C is repealed.

15. Treasury Corporation of Victoria Act 1992

(1) In the definition of "public authority" in section

No. 80/1992. Reprint No. 2

36A of the Treasury Corporation of Victoria as at
Act 1992— 20 August
1998. Further

(a) omit "Met Train 1,"; amended by
No. 98/1998.

(b) omit "Met Train 2,"; (c) omit "Met Tram 1,"; (d) omit "Met Tram 2,"; (e) omit "V/Line Freight,";
(f) omit "V/Line Passenger Corporation,".

(2) In Schedule 1 to the Treasury Corporation of
Victoria Act 1992—
(a) omit the item relating to Met Train 1; (b) omit the item relating to Met Train 2; (c) omit the item relating to Met Tram 1; (d) omit the item relating to Met Tram 2; (e) omit the item relating to V/Line Freight;

Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999

s. 15

Act No. 63/1999

(f)

omit the item relating to V/Line Passenger Corporation.

═══════════════
Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999

Act No. 63/1999 Notes

NOTES

†
Minister's second reading speech—
Legislative Council: 1 December 1999
Legislative Assembly: 8 December 1999
The long title for the Bill for this Act was "to amend the Rail
Corporations Act 1996 and the Transport Act 1983, to make
consequential amendments to certain other Acts and for other purposes."

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3.	Abolition of Met Train 1	3
4.	Abolition of Met Train 2	3
5.	Abolition of Met Tram 1	4
6.	Abolition of Met Tram 2	4
7.	Abolition of V/Line Passenger Corporation	4
8.	New sections 109 to 113 inserted	5

"109.	Abolition of Met Train 1	5
110.	Abolition of Met Train 2	5
111.	Abolition of Met Tram 1	6
112.	Abolition of Met Tram 2	6
113.	Abolition of V/Line Passenger Corporation	7

10.	Power to arrest suspected offenders	10
11.	Power to remove offenders	10
12.	Minor amendments	11
13.	Statute law revision	11

14.	Borrowing and Investment Powers Act 1987	12
15.	Treasury Corporation of Victoria Act 1992	12

(a)	to provide for the abolition of certain statutory corporations established under the Rail Corporations Act 1996; and
(b)	to amend the Transport Act 1983 to enable certain employees in the Department of

(b)	all directors of Met Train 1 go out of office;
(c)	the chief executive officer of Met Train 1 goes out of office;
(d)	the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of Met Train 1.

(b)	all directors of Met Train 2 go out of office;
(c)	the chief executive officer of Met Train 2 goes out of office;
(d)	the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of Met Train 2.
111.

(b)	all directors of Met Tram 1 go out of office;
(c)	the chief executive officer of Met Tram 1 goes out of office;
(d)	the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of Met Tram 1.
112.

(b)	all directors of Met Tram 2 go out of office;
(c)	the chief executive officer of Met Tram 2 goes out of office;
(d)	the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of Met Tram 2.

(a)	V/Line Passenger Corporation is abolished;
(b)	all directors of V/Line Passenger Corporation go out of office;
(c)

In section 219 of the Transport Act 1983, for	No. 9921. Reprint No. 6
sub-section (1AA) substitute—	as at 1 July 1998. Further
'(1A) In this section—	amended by Nos 85/1998,

Department, means an employee in the	102/1998,
Department employed under Part 3 of	6/1999 and
the Public Sector Management and	45/1999.
Employment Act 1998 who—
(a)	employment under that Part, was

(a)	immediately before their employment under that Part, was an officer of the Public Transport Corporation; or
(b)	is authorised in writing by the Secretary either generally or in a particular case for the purposes of this section.'.

In Schedule 1 to the Borrowing and Investment	No. 13/1987. Reprint No. 5
Powers Act 1987—	as at 1 February
(a) item 8A is repealed;	1999. Further amended by
(b) item 8B is repealed;	Nos 8/1999 and 45/1999.
(c) item 8C is repealed; (d) item 8D is repealed; (e) item 23B is repealed;
(f) item 23C is repealed.

36A of the Treasury Corporation of Victoria	as at
Act 1992—	20 August 1998. Further
(a) omit "Met Train 1,";	amended by
No. 98/1998.
(b) omit "Met Train 2,"; (c) omit "Met Tram 1,"; (d) omit "Met Tram 2,"; (e) omit "V/Line Freight,";
(f) omit "V/Line Passenger Corporation,".