Untitled document
Rail Corporations and Transport Acts
(Amendment) Act 1999
Act No. 45/1999
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2
PART 2—RAIL CORPORATIONS ACT 1996 3
3. Principal Act 3 4. Definitions 3 5. Train operators and tram operators 3 6. New section 3A inserted 4
3A. Spencer Street Station precinct 4
7. New Division 2F inserted 4 Division 2F—Spencer Street Station Authority 5 18ZG. Establishment 5 18ZH. Spencer Street Station Authority not to represent the
Crown 6
18ZI. Objective 6
18ZJ. Functions and powers 6
18ZK. Surrender or divesting of land of other bodies 8
18ZL. Grant of land to the Authority 9
18ZM. Acquisition of land 10
8. Access regime 10 9. Amendment of section 41 11 10. New section 46 substituted 11
46. Value of transferred property 11
11. Amendment of section 49 11 12. Amendment of sections 61 and 62 12 13. Assets of certain operators 12 14. Prohibited interests 13 15. New Schedule 2 inserted 14 SCHEDULE 2—Spencer Street Station precinct 15
i
Section Page PART 3—TRANSPORT ACT 1983 16
16. Principal Act 16 17. Definitions 16 18. Director of Public Transport 18 19. Priority of passenger services 18 20. Regulations 19 21. Guarantees 19 22. Amendment of definition in section 86 20 23. Power to arrest suspected offenders 20 24. Power to remove offenders 21 25. Travelling without a valid ticket 23 26. Conditions to which tickets are subject 24 27. New Division 4AA of Part VII inserted 24 Division 4AA—Authorisation of persons for the purposes of enforcement 24 221A. Definition 24
221B. Application for authorisation 24
221C. Authorisation 25 221D. Conditions of authorisation 26
221E. Change of conditions 26 221F. Non-compliance with a condition 26 221G. Application for renewal of authorisation 27
221H. Renewal of authorisation 27
221I. Issue of identity cards 28 221J. Inquiries into conduct of authorised persons 29
221K. Effect of suspension 30
221L. Revocation of authorisation 30
221M. Tribunal reviews 31
221N. Authorisations cease to exist in certain circumstances 32 221O. Return of identity cards 32 221P. Lost, stolen or destroyed identity cards to be reported 33 221Q. Replacement of identity cards 33 221R. Offence to falsely represent oneself as an authorised person 33 221S. Application by proposed employee 33
28. Hindrance of officers etc. 34 29. False reports to officers 34 30. Prosecutions 35 31. Extension of evidentiary provisions to bus companies and rail corporations 35 32. New section 246C inserted 36
246C. Rail Corporations and Transport Acts (Amendment)
Act 1999 36
33. New sections 246D and 246E inserted 37
ii
Section Page
246D. Temporary authorisations for the purposes of
Division 4AA of Part VII 37 246E. Temporary authorisation for the purposes of
sections 211 and 218B 38
34. New sections 251A and 251B inserted 39
251A. Sale of lost property found in or on public transport
property 40 251B.
Nuisances and noise emissions 41
PART 4—PUBLIC TRANSPORT COMPETITION ACT 1995 44
35. Director of Public Transport 44 36. No compensation payable 44 37. Supreme Court—limitation of jurisdiction 45
PART 5—RAIL CORPORATIONS (AMENDMENT) ACT 1997 46
38. Repeal of proposed authorised persons provisions 46 39. Extension of accreditation provisions to bus companies 46 40. Passenger transport companies and bus companies to comply with conditions 47 228DA. Passenger transport companies and bus companies to
comply with conditions 48
41. Audit of accredited companies 48 228HA. Secretary may audit certain books and records of accredited companies to ensure compliance with conditions
48
42. Supervision of accredited companies 48 PART 6—RAIL CORPORATIONS (FURTHER AMENDMENT)
ACT 1998 50
43. Extension of enforcement provisions to bus companies 50 44. Repeal of proposed amendments to powers to remove offenders 51 45. Repeal of proposed amendment to Office of the Regulator- General Act 1994 51
PART 7—AMENDMENT OF OTHER ACTS 52
46. Amendment of Borrowing and Investment Powers Act 1987 52 47. Amendment of Docklands Authority Act 1991 52 48. Melbourne City Link Act 1995 52 49. Office of the Regulator-General Act 1994 53
═══════════════
NOTES 54
iii
Victoria
No. 45 of 1999
Rail Corporations and Transport Acts
(Amendment) Act 1999†
[Assented to 8 June 1999]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a)
to establish the Spencer Street Station Authority; and
(b)
to make further amendments to the Rail Corporations Act 1996; and
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 2
(c)
to extend the operation of Part VII of the Transport Act 1983 to bus companies; and
(d)
to make further provision for authorised persons under Part VII of the Transport Act 1983.
2. Commencement
(1) This Part, Parts 4, 5 and 6 and section 48 come
into operation on 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 July 2000, it
comes into operation on that day.
_______________
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 3 | Act No. 45/1999 |
PART 2—RAIL CORPORATIONS ACT 1996
| No. 79/1996. | 3. Principal Act |
| Reprint No. 1 | |
| as at 29 April | |
| 1999. Further | In this Part, the Rail Corporations Act 1996 is |
| amended by | called the Principal Act. |
| Nos 104/1997, 47/1998 and 98/1998. |
4. Definitions
(1) In section 3(1) of the Principal Act—
(a) in the definition of "rail corporation" after "Rail Track" insert "or Spencer Street Station Authority"; (b) in the definition of "relevant date", for "the date fixed" substitute "the date, or the date and time, fixed". (2) In section 3(1) of the Principal Act insert— ' "precinct" means the Spencer Street Station
precinct referred to in section 3A;
"public statutory body", in Division 2F of
Part 2, means a body established by or under an Act for a public purpose or a municipal council;'.
5. Train operators and tram operators
In section 3 of the Principal Act, for sub-sections
(2) and (3) substitute—"(2) The Governor in Council, by Order
published in the Government Gazette, may
declare that a specified body corporate,being a body corporate that—
(a)
is a party to a lease of rail infrastructure by the Director acting on behalf of the Crown or the Public Transport
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 6 Corporation or Rail Track or the
Spencer Street Station Authority; or
(b) is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that body corporate of a passenger service— is, on and from a specified date, a train operator for the purposes of a specified provision of this Act.
(3) The Governor in Council, by Order
published in the Government Gazette, may
declare that a specified body corporate,
being a body corporate that—
(a) is a party to a lease of tram infrastructure by the Director acting on behalf of the Crown or the Public Transport Corporation or Rail Track or the Spencer Street Station Authority; or (b) is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that body corporate of a passenger service— is, on and from a specified date, a tram operator for the purposes of a specified provision of this Act.".
6. New section 3A inserted
After section 3 of the Principal Act insert—
"3A. Spencer Street Station precinct
The Spencer Street Station precinct is the
land shown hatched on the plan inSchedule 2.".
7. New Division 2F inserted
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999
After Division 2E of Part 2 of the Principal Act insert—
"Division 2F—Spencer Street Station
Authority
18ZG. Establishment
(1) Spencer Street Station Authority is
established.
(2) The Spencer Street Station Authority—
(a)
is a body corporate with perpetual succession;
(b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the
seal of the Spencer Street Station Authority
affixed to a document and, until the contrary
is proved, must presume that it was duly
affixed.
(4) The official seal of the Spencer Street Station Authority must be kept in such custody as the Authority directs and must not
be used except as authorised by the
Authority.
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 7 18ZH. Spencer Street Station Authority not to
represent the Crown
The Spencer Street Station Authority is a
public authority but does not represent theCrown.
18ZI. Objective
The principal objective of the Spencer Street Station Authority is to perform its functions in an efficient and commercial manner.
18ZJ. Functions and powers
(1) The functions of the Spencer Street Station Authority are—
(a) development, or redevelopment, of the
precinct for transport purposes andto manage the precinct and the or public purposes; and
(b) to monitor the requirements and likely facilities at the precinct; and
(c) any other functions conferred on the Authority by this or any other Act.
(2) In performing its functions, the Authority
must ensure that development or
redevelopment of the precinct is carried out
so that there is no more interference with
transport operations at the precinct than is
reasonably necessary.
(3) The Authority—
(a)
may enter into contracts, agreements, leases and licences for the carrying out of its functions;
(b) may acquire land or an interest in land;
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 7 | Act No. 45/1999 |
(c)
may, with the approval of the Minister, dispose of land or an interest in land;
(d)
may acquire an interest in rail infrastructure or tram infrastructure;
(e) may engage agents or consultants;
(f) may act as an agent of another person;
(g) may do all things necessary or convenient to be done for, or in connection with, carrying out its functions or achieving its objectives. (4) Without limiting the generality of the
functions and powers conferred on it, the
Authority—
(a) may form, or participate in the formation of, or be a member of companies; (b) formation of, and may participate in,
partnerships, trusts, unincorporatedmay form, or participate in the for the sharing of profits;
(c) may act as trustee;
(d) may engage in any business, performance of its functions;
(e) may make its staff and land and other property vested in or managed by it available for engagement or use by other persons.
(5) The Authority may, with the approval or at
the direction of the Minister, cease to
perform all or any of its functions.
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 7 18ZK. Surrender or divesting of land of other
bodies
(1) The Governor in Council, by Order published in the Government Gazette—
(a)
may require a public statutory body in which land forming part of the precinct is vested to surrender it to the Crown; or
(b)
may divest land forming part of the precinct from a public statutory body—
so that the land can be granted to the Spencer
Street Station Authority to be developed.(2) A public statutory body must comply with a requirement under sub-section (1)(a).
(3) On—
(a) the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of land that a public statutory body is required to surrender under sub-section (1)(a); or (b) the publication in the Government (1)(b)—
the land concerned is deemed to be
unalienated land of the Crown and, subject to
sub-section (4), is freed and discharged from
all limitations.(4) The divesting or surrender of land under this section does not affect any reservation of the land under the Crown Land (Reserves) Act 1978.
(5) The Governor in Council may, by Order
published in the Government Gazette, make
any amendments to any land description in
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 7 | Act No. 45/1999 |
any Act or subordinate instrument that are
necessary because of the divesting orsurrender of land under this section.
(6) A power may only be exercised under sub-
recommendation of the Minister and the
section (1) or (5) on the joint the public statutory body is created.
18ZL. Grant of land to the Authority
(1) The Governor in Council on behalf of the
Crown may grant to the Spencer Street simple—
(a) land divested or surrendered under this Division; (b) any other land in the precinct that is or is deemed to be unalienated land of the Crown and is not reserved under the Crown Land (Reserves) Act 1978.
(2) As a condition of granting land to the
Authority, the Minister may require it to agree to pay into the Consolidated Fund or, if the land was surrendered by or divested from a public statutory body, to that body, the net proceeds of any sale of that land by the Authority, less any holding and selling costs.
(3) The grant—
(a) must be limited to a depth not greater than 60 metres below the surface of the land; and (b) covenants, conditions, reservations,
may contain any other terms, Governor in Council determines.
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 8 (4) Land may be granted to the Authority with or without consideration being given by the Authority.
18ZM. Acquisition of land
(1) The Spencer Street Station Authority may
acquire by agreement an interest in land on
any terms (including consideration) that it
considers appropriate.
(2) The Authority, with the Minister's approval,
may acquire an interest in land by
compulsory process.
(3) The Land Acquisition and Compensation Act 1986 applies to sub-section (2) and for that purpose—
(a) sub-section (2) is the special Act; and
(b) the Spencer Street Station Authority is the Authority. (4) In determining the amount of compensation to be paid for the compulsory acquisition of land by the Authority, no allowance is to be made for the enhancement of the value of the
land attributable to any action of the
Authority.".
8. Access regime
In the Principal Act—
(a)
in section 38D(b)(i), after "operates" insert ", or appoints an agent or contractor to operate,";
(b)
in section 38D(b)(ii), after "carries out," insert "or appoints an agent or contractor to carry out,";
(c)
in section 38F(1), before "the person seeking access" insert "the operator or";
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 9 | Act No. 45/1999 |
(d) in section 38G(1)(b), omit "specifying the".
9. Amendment of section 41
(1) In section 41(1) of the Principal Act, after
"specified kind to" insert "another rail corporation
or".
(2) In section 41(4)(a) of the Principal Act, for "must"
substitute "may".
(3) After section 41(7) of the Principal Act insert—
"(7A) A direction under sub-section (6) or an
amendment under sub-section (7) in relation to an allocation statement that would affect a person nominated by the Minister under sub- section (1) must not be given or made unless the transferor and the transferee are, or are
wholly owned by, the State or a statutory
authority or have consented in writing to thedirection or amendment.".
10. New section 46 substituted
For section 46 of the Principal Act substitute—
"46. Value of transferred property(1) If the relevant allocation statement gives the
value of property, rights or liabilities of the
transferor that are allocated to the transferee,
the value to the transferee of the property,
rights or liabilities is the value so given.
(2) If an agreement for the sale of the business
or assets of a rail corporation ascribes a
value to property, rights or liabilities
allocated under an allocation statement, that
value is deemed to be consideration paid to,
or received by, the rail corporation.".
11. Amendment of section 49
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999
In section 49 of the Principal Act, for "If," substitute "Unless an allocation statement otherwise provides, if,".
12. Amendment of sections 61 and 62
(1) After section 61(3)(e) of the Principal Act
insert—
"(ea) Spencer Street Station Authority;".
(2) After section 62(4)(e) of the Principal Act
insert—
"(ea) Spencer Street Station Authority;".
13. Assets of certain operators
(1) After section 69(3)(c) of the Principal Act
insert—
"(d) a person specified in an agreement referred
to in sub-section (1) as a person to whom
this section applies.".(2) In section 69(4)(b) of the Principal Act, after "Rail
Track," (where twice occurring) insert "Spencer
Street Station Authority,".
(3) In section 69(4) of the Principal Act, after
paragraph (b) insert—
"; or
(c)
is the owner of, or has an interest in, rolling stock used by a person who is a party to a contract or lease referred to in paragraph (a) or (b); or
(d)
provides services to a person who is a party to a contract or lease referred to in paragraph (a) or (b).".
(4) After section 70(2)(c) of the Principal Act
insert—
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 14 | Act No. 45/1999 |
"(d) a person specified in an agreement referred
to in sub-section (1) as a person to whom
this section applies.".
(5) In section 70(3)(b) of the Principal Act, after "Rail
Track," (where twice occurring) insert "Spencer
Street Station Authority,".
(6) In section 70(3) of the Principal Act, after
paragraph (b) insert—
"; or
(c)
is the owner of, or has an interest in, rolling stock used by a person who is a party to a contract or lease referred to in paragraph (a) or (b); or
(d)
provides services to a person who is a party to a contract or lease referred to in paragraph (a) or (b).".
14. Prohibited interests
(1) In section 92(2) of the Principal Act, for
"otherwise has a controlling interest in, the other
metropolitan train operator" substitute "has a
controlling interest in, another metropolitan train
operator, unless the operators are engaged in thesame metropolitan business".
(2) In section 92(3) of the Principal Act, for
"otherwise has a controlling interest in, the other
metropolitan tram operator" substitute "has a
controlling interest in, another metropolitan tram
operator, unless the operators are engaged in the
same metropolitan business".(3) In section 92 of the Principal Act, for sub-section
(4) substitute—
"(4) A person who has a controlling interest in a
metropolitan train operator holds a
prohibited interest if the person is entitled to
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 15 shares in or, because of section 86(d) has a controlling interest in, another metropolitan train operator, unless the operators are
engaged in the same metropolitan business.
(5) A person who has a controlling interest in a
metropolitan tram operator holds a
prohibited interest if the person is entitled to
shares in or, because of section 86(d) has a
controlling interest in, another metropolitan
tram operator, unless the operators areengaged in the same metropolitan business.
(6) For the purposes of this section—
(a)
a metropolitan train operator and another metropolitan train operator; or
(b)
a metropolitan tram operator and another metropolitan tram operator—
are engaged in the same metropolitan
business if one operator provides passenger
services under a contract with the Secretary
or Director acting on behalf of the Crown
that are predominantly on infrastructure that
is subject to a lease entered into by the other
operator with the Director acting on behalf
of the Crown, the Public Transport
Corporation, Rail Track or the SpencerStreet Station Authority.".
15. New Schedule 2 inserted
After Schedule 1 of the Principal Act insert—
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999
"SCHEDULE 2
SPENCER STREET STATION PRECINCT
".
______________
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 16
PART 3—TRANSPORT ACT 1983
16. Principal Act
In this Part, the Transport Act 1983 is called the No. 9921.
Reprint No. 6Principal Act. as at 1 July
1998. Furtheramended by Nos 85/1998,
98/1998, 99/1998,
102/1998 and
6/1999.
17. Definitions
(1) In section 2(1) of the Principal Act—
(a) after the definition of "bridge" insert— ' "bus company" means a person or body that has entered into a contract with the Crown, or the Secretary or the Director on behalf of the Crown, for the
provision of any transport services include a person or body that is a passenger transport company;';
(including a service contract within themeaning of the Public Transport
(b) in the definition of "public transport property", after "passenger service" insert "or by a bus company in the provision of transport services". (2) In section 2 of the Principal Act, for sub-sections (2C) and (2D) substitute—
"(2C) The Governor in Council, by Order
published in the Government Gazette, may
declare that a specified body corporate,
being a body corporate that—
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 17 | Act No. 45/1999 |
(a) is a party to a lease of rail infrastructure (within the meaning of the Rail Corporations Act 1996) by the Director acting on behalf of the Crown or the Public Transport Corporation or Rail Track or the Spencer Street Station Authority; or (b) is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that body corporate of a passenger service— is, on and from a specified date, a train operator for the purposes of a specified provision of this Act.
(2D) The Governor in Council, by Order
published in the Government Gazette, may
declare that a specified body corporate,
being a body corporate that—
(a) is a party to a lease of tram infrastructure (within the meaning of the Rail Corporations Act 1996) by the Director acting on behalf of the Crown or the Public Transport Corporation or Rail Track or the Spencer Street Station Authority; or (b) is a party to a contract with the Secretary or the Director acting on behalf of the Crown for the provision by that body corporate of a passenger service— is, on and from a specified date, a tram operator for the purposes of a specified provision of this Act.".
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 18
18. Director of Public Transport
In section 9(4) of the Principal Act, after
paragraph (c) insert—"(ca) enter into a service contract under Part 3 of
the Public Transport Competition Act
1995;".
19. Priority of passenger services
(1) In section 10(1) of the Principal Act—
(a)
in paragraph (c), after "use of" insert "rail transport services or";
(b)
in paragraph (d), after "to those" insert "rail transport services or";
(c)
in paragraph (e), after "provide those" insert "rail transport services or".
(2) In section 10(2) of the Principal Act—
(a) in paragraph (a), for "declared rail transport services" substitute "rail transport services or declared rail transport services"; (b) in paragraph (b), for "declared rail transport services" substitute "rail transport services or declared rail transport services (as the case may be)".
(3) In section 10(3) of the Principal Act, in
paragraphs (a) and (b), for "declared rail transport
services" substitute "rail transport services or
declared rail transport services".
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 20 | Act No. 45/1999 |
20. Regulations
(1) In section 56(1) of the Principal Act—
(a)
after paragraph (b) insert— "(ba) regulating the conduct of persons in
any vehicle belonging to or under the
control of a bus company;";
(b)
after paragraph (c) insert— "(ca) preventing interference with or damage
to any vehicle belonging to or under the
control of a bus company;";
(c) in paragraph (r), for "Division 4A" 4AA or 4A".
(2) In section 56(3) of the Principal Act—
(a) in paragraph (d), after "or passenger company";
(b)
in paragraph (f), after "or passenger transport company" (wherever occurring) insert "or bus company".
(3) In section 56(3A) of the Principal Act, after
paragraph (a) insert—
"(ab) a bus company is a reference to such a
company only in its capacity as a provider of
transport services; and".
21. Guarantees
In section 77 of the Principal Act, after sub- section (1) insert—
"(1A) The Minister administering Part 7 of the Financial Management Act 1994 may execute a guarantee in favour of any person
guaranteeing the due performance of any
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 22 obligations of any person to whom the rights and liabilities of a Corporation arising under a contract entered into by that Corporation
with the first-mentioned person pursuant to
this Act have been assigned.
(1B) Where the rights and liabilities of a
Corporation arising under a contract entered into by that Corporation with a person pursuant to this Act have been assigned with the approval of the Minister administering Part 7 of the Financial Management Act 1994 to another person, that Minister may amend any guarantee given by him or her under this section in respect of that contract so that it extends to guaranteeing the due performance of any obligations of that other person under that contract.".
22. Amendment of definition in section 86
In section 86(1) of the Principal Act, in paragraph (b)(ii) and (d) of the definition of "public commercial passenger vehicle", for "approved pursuant to section 141(2)" substitute "approved by the Secretary".
23. Power to arrest suspected offenders
(1) In section 219 of the Principal Act, before sub- section (1) insert—
'(1AA) In this section—
"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,
immediately before their employment
under that Part, was an officer of the
Public Transport Corporation.'.
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 24 | Act No. 45/1999 |
(2) In section 219(1) of the Principal Act, after
"Corporation" insert "or a relevant employee of
the Department".
(3) In section 219(2) of the Principal Act, for "or
agent" (where twice occurring) substitute ", agent
or relevant employee".
(4) In section 219(3) of the Principal Act, for "or
agent" substitute ", agent or relevant employee".
24. Power to remove offenders
(1) In section 220 of the Principal Act, for sub-section
(1) substitute—
'(1) In this section—
"authorised person" means a person who is
transport company or bus company and
who is authorised in writing by theemployed or engaged by a passenger particular case for the purposes of this section; "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,
immediately before their employment
under that Part, was an officer of the
Public Transport Corporation.
(1A) A member of the police force, an officer or
agent of the Public Transport Corporation, a
relevant employee of the Department or an
authorised person may summarily remove a
person and the person's property (if any)
from—
(a)
any vehicle owned or operated by or on behalf of the Public Transport
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 24 Corporation, a passenger transport
company or a bus company; or
(b)
any premises or property of the Public Transport Corporation or a passenger transport company—
in the circumstances referred to in sub-
section (1B).(1B) For the purposes of sub-section (1A), the circumstances are—
(a) force or an officer or agent of the
in the case of a member of the police relevant employee of the Department, if he or she believes on reasonable grounds that the person is committing an offence against this Act or the regulations; and
(b) in the case of an authorised person, if he or she believes on reasonable grounds that the person is committing an offence against this Part or against any regulation made under this Part or section 56 or section 249B; and (c) that the commission of the offence is or is likely to be attended with— (i) danger or annoyance to the public; or
(ii) police force, or any of the officers
or agents of the Public Transport
Corporation or any relevant
employee of the Department or
any employee of, or personhindrance to any member of the company or bus company—
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 25 | Act No. 45/1999 |
| in lawful use of the vehicle, premises or property. |
(1C) In addition to the power to summarily
section (1A), a member of the police force,
an officer or agent of the Public Transportremove a person in accordance with sub- Department or an authorised person may take such other action as is necessary to obviate or remove any danger, annoyance or hindrance of the kind referred to in sub- section (1B)(c).'.
(2) In section 220(2) of the Principal Act—
(a) after "Corporation" insert "or a relevant employee of the Department or an authorised person"; (b) for "sub-section (1)" substitute "sub-section (1A) or (1C)". (3) In section 220(4) of the Principal Act, for "sub- section (1)" substitute "sub-section (1A) or (1C)".
(4) In section 220 of the Principal Act, after sub-
section (5) insert—
"(6) An authorised person may only exercise
powers under this section in relation to
offences or suspected offences relating to a
passenger transport company or bus
company committed, or that the authorised
person believes were committed, on or in
relation to public transport property of that
passenger transport company or buscompany (as the case requires).".
25. Travelling without a valid ticket
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999
(1) In section 221(1) of the Principal Act, for
paragraph (a) substitute—
'(a) "carriage" means any passenger vehicle
operated by or on behalf of a passenger
transport company or bus company;'.(2) In section 221(6) and (7) of Principal Act, after "a
passenger transport company" insert "or bus
company".
26. Conditions to which tickets are subject
In section 221 of the Principal Act—
(a) in sub-section (1A)—
(i) after "company" insert "or bus company";
(ii) in paragraph (a), for "by it" substitute "by or on behalf of it";
(b) in sub-section (1B), for "by a passenger transport company" substitute "by or on behalf of a passenger transport company or bus company".
27. New Division 4AA of Part VII inserted
After section 221 of the Principal Act insert—
'Division 4AA—Authorisation of persons for the purposes of enforcement
221A. Definition
In this Division—
"relevant provision" means section
219AA, 220 or 221.
221B. Application for authorisation
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 27 | Act No. 45/1999 |
(1) A person may apply to the Secretary to be authorised under a relevant provision.
(2) An application—
(a)
must be in the manner and form determined by the Secretary;
(b) must be accompanied by—
(i) the prescribed application fee, if any;
(ii) any other things that are prescribed.
(3) The Secretary may require an applicant—
(a) to furnish his or her date of birth, address and any further information specified by the Secretary; or (b) to verify, by statutory declaration, of the application.
221C. Authorisation
(1) Subject to sub-section (2), the Secretary may
give a person an authorisation under a
relevant provision for a period not exceeding
the prescribed period.
(2) The Secretary may only give an
authorisation under a relevant provision if the Secretary is satisfied that the person—
(a)
is competent to exercise the functions conferred on an authorised person by the relevant provision; and
(b)
is of good repute, having regard to character, honesty and integrity; and
(c)
has agreed in writing to exercise the functions conferred on an authorised
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 27 person by the relevant provision
according to performance criteria
established from time to time by the
Secretary; and
(d) in the case of a person who is employed company or bus company, is employed or engaged by a passenger transport company or bus company that is accredited by the Secretary under Division 4A of Part VII for the purposes of the relevant provision.
221D. Conditions of authorisation
(1) An authorisation under a relevant provision is subject to—
(a) any prescribed condition;
(b) any other condition imposed by the Secretary. (2) Particulars of an authorisation and of the conditions to which it is subject are to be given by the Secretary to the person
authorised under the relevant provision.
221E. Change of conditions
(1) The Secretary may at any time vary or
revoke a condition of an authorisation or
impose a new condition.
(2) Particulars of any action taken under sub-
section (1) are to be given in writing by the Secretary to the person authorised under the relevant provision.
221F. Non-compliance with a condition
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 27 | Act No. 45/1999 |
A person authorised under a relevant provision must comply with any condition to which his or her authorisation is subject. Penalty: 10 penalty units.
221G. Application for renewal of authorisation
(1) An authorised person may apply to the
Secretary for renewal of an authorisation under a relevant provision.
(2) A renewal application—
(a)
must be made in the manner and form determined by the Secretary;
(b) must be accompanied by—
(i) the prescribed renewal application
fee, if any;(ii) any other things that are prescribed.
(3) A renewal application must be made not later than the prescribed number of days before the expiry of the authorisation.
(4) Despite sub-section (3), the Secretary may consider a renewal application made later than the time applying under sub-section (3)
if the applicant pays the prescribed late
renewal application fee (if any).(5) The Secretary may refuse to consider a
renewal application made earlier than the
day prescribed for the purposes of this sub-
section.
221H. Renewal of authorisation
(1) The Secretary may renew or refuse to renew
an authorisation under a relevant provision.
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 27 (2) On renewing an authorisation the Secretary
may—
(a) renew it as then in force; or
(b) vary or revoke any of the conditions to which the authorisation is subject; or (c) impose a new condition on the authorisation. (3) Particulars of the renewal of an authorisation
and of the conditions to which it is subject
are to be given in writing by the Secretary to
the authorised person.
(4) A renewed authorisation remains in force for
a period determined by the Secretary not
exceeding the prescribed period unless the
authorisation is sooner revoked.
(5) If the Secretary refuses to renew an
authorisation, the Secretary must notify the
authorised person in writing of the refusal
and the reasons for it.
221I. Issue of identity cards
(1) The Secretary must, on payment of the
prescribed fee (if any), issue an identity card to any person authorised by him or her under a relevant provision.
(2) An identity card under sub-section (1)
must—
(a)
contain a photograph of the authorised person; and
(b)
contain the signature of the authorised person; and
(c)
be signed by an officer of the Department authorised by the Secretary
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 27 | Act No. 45/1999 |
| to do so either generally or in any particular case. |
(3) A person issued with an identity card under
sub-section (1) must produce it on being
requested to do so.
Penalty: 5 penalty units.
(4) Any action taken or thing done by an
authorised person is not invalidated by his or
her failure to produce his or her identity
card.
221J. Inquiries into conduct of authorised
persons
(1) The Secretary may hold an inquiry for the
purpose of determining whether a
circumstance referred to in section 221L has
occurred in relation to a person authorised
under a relevant provision.
(2) Whilst the Secretary is conducting an inquiry
under sub-section (1), the Secretary may
immediately suspend a person's authorisation
under the relevant provision during the
period of the inquiry if the Secretary—
(a) considers it necessary to do so in the interest of personal safety of passengers; or (b) believes, on reasonable grounds, that the person has not exercised his or her power under the relevant provision in an appropriate manner. (3) If, following the inquiry, the Secretary is
satisfied that a circumstance referred to in
section 221L has occurred in relation to the
person authorised under the relevant
provision, the Secretary may—
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 27 (a) reprimand the person;
(b) warn the person that should the circumstance occur again in relation to him or her, the person's authorisation may be revoked; (c) impose one or more new conditions on the authorisation; (d)
suspend the authorisation for a event or until a further determination made by the Secretary;
(e)
revoke the authorisation immediately or with effect from a specified later date.
221K. Effect of suspension
A person whose authorisation under a relevant provision is suspended under section 221J is not authorised during the
period of suspension.
221L. Revocation of authorisation
The Secretary may at any time, by written notice served on the authorised person, revoke an authorisation under a relevant provision if satisfied that—
(a) the authorised person has on any occasion in exercising his or her functions acted unreasonably or abused his or her power; or
(b)
the authorised person has been convicted or found guilty of an offence of a kind that, in the opinion of the Secretary, renders it inappropriate that he or she continue as an authorised person; or
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 27 | Act No. 45/1999 |
(c) connection with the granting of the
the authorised person has, in information;
(d)
the authorised person has not complied with a condition to which his or her authorisation is subject.
221M. Tribunal reviews
(1) A person may apply to the Tribunal for review of a decision of the Secretary in relation to—
(a) an application for an authorisation of an authorisation under a relevant provision by that person; or
(b)
that person's authorisation under a relevant provision; or
(c) that person.
(2) An application for review must be made within 28 days after the later of—
(a) the day on which the decision is made;
(b)
if, under the Victorian Civil and Administrative Tribunal Act 1998, the authorised person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the authorised person or the authorised person is informed under section 46(5) of that Act that a statement of reasons will not be given.
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 27 221N. Authorisations cease to exist in certain
circumstances
An authorisation under a relevant provision ceases to exist by force of this section if—
(a) the passenger transport company or bus company by which the authorised person is employed or engaged ceases to be accredited under Division 4A of Part VII for the purposes of the relevant provision; or (b) employed or engaged by a passenger
transport company or bus company that
is accredited under Division 4A ofthe authorised person ceases to be provision.
221O. Return of identity cards
(1) If a person's authorisation under a relevant
provision—
(a) is revoked by the Secretary under section 221L; or (b) ceases to exist by force of section 221N— the person must immediately deliver to the Secretary the identity card issued to him or her under section 221I(1).
Penalty: 10 penalty units.
(2) If an identity card issued to a person under section 221I(1)—
(a) becomes illegible; or
(b) is altered; or
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 27 | Act No. 45/1999 |
(c) is defaced—
the person issued with that identity card must
immediately deliver the identity card to the
Secretary.Penalty: 10 penalty units.
221P. Lost, stolen or destroyed identity cards to be
reported
If an identity card issued to a person under section 221I(1) is lost, stolen or destroyed, the person issued with that identity card must
immediately notify, in writing, the Secretary
of that fact.Penalty: 10 penalty units.
221Q. Replacement of identity cards
The Secretary, on the payment of the prescribed fee (if any), may issue a new identity card to an authorised person if the Secretary is satisfied that the identity card issued to that person under section 221I(1)—
(a) is illegible;
(b) has been altered or defaced; or(c) has been lost, stolen or destroyed.
221R. Offence to falsely represent oneself as an
authorised person
A person must not falsely represent himself or herself to be an authorised person under a relevant provision.
Penalty: 10 penalty units.
221S. Application by proposed employee
(1) A person who is seeking, or proposing to
seek, to become employed or engaged by a
passenger transport company or bus
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 28 company may apply to the Secretary for a
certificate as to whether or not, in the
opinion of the Secretary, that person meets
the criteria specified in section 221C(2)(a)and (b).
(2) An application—
(a)
must be made in the manner and form determined by the Secretary;
(b) must be accompanied by—
(i) the prescribed application fee, if any;
(ii) any other things that are prescribed.
(3) The Secretary may require an applicant—
(a) to furnish further information specified by the Secretary; or (b) to verify, by statutory declaration, of the application.'.
28. Hindrance of officers etc.
In section 225 of the Principal Act—
(a)
in paragraph (a), after "the Department" insert "or an authorised officer (within the meaning of section 211 or 218B)";
(b)
in paragraph (b), after "agent" insert "or authorised officer".
29. False reports to officers
In section 225A of the Principal Act, after "the
Department" insert "or an authorised officer
(within the meaning of section 211 or 218B)".
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 30 | Act No. 45/1999 |
30. Prosecutions
In section 229 of the Principal Act, for sub-section
(1A) substitute—
"(1A) A proceeding for any other summary offence
or for an indictable offence triable
summarily may—
(a) if the offence is alleged to have been committed on property owned or occupied by a Corporation, only be brought by a member of the police force or a person authorised by that Corporation either generally or in a particular case; or (b) if the offence is alleged to have been committed on public transport property of a passenger transport company, only be brought by a member of the police force or a person authorised in writing by the Secretary either generally or in a particular case for the purposes of this section.". 31. Extension of evidentiary provisions to bus companies and rail corporations
(1) In section 230(2) of the Principal Act—
(a)
for "or a passenger transport company" substitute ", a passenger transport company, a bus company or a rail corporation";
(b)
for "or company" substitute ", that company or the rail corporation (as the case requires)".
(2) In section 230(3A) of the Principal Act—
(a)
after "by a passenger transport company" insert ", a bus company or a rail corporation";
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 32
(b)
for "the company" substitute "that company or the rail corporation (as the case requires)";
(c)
for "or company" substitute "or that company or rail corporation".
(3) In section 230(4) of the Principal Act—
(a)
after "by a passenger transport company" insert ", a bus company or a rail corporation";
(b)
for "or of the company" substitute "or of the passenger transport company, the bus company or the rail corporation".
(4) In section 230(5) of the Principal Act—
(a)
for "or a passenger transport company" substitute ", a passenger transport company, a bus company or a rail corporation";
(b)
for "or company" substitute "or that company or the rail corporation (as the case requires)".
32. New section 246C inserted
After section 246B of the Principal Act insert—
"246C. Rail Corporations and Transport Acts
(Amendment) Act 1999
(1) Subject to sub-section (3) and (4), any
officer or employee of the Public Transport Corporation who, immediately before their transfer under Division 3 of Part 3 of the
Rail Corporations Act 1996 to another passenger transport company, was authorised under section 211, 218B, 221 or 229 continues, on and from that transfer, to be authorised under that provision, for a period of 12 months after the date of that transfer or until they cease to be an employee of a
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 33 | Act No. 45/1999 |
passenger transport company (whichever
occurs sooner).
(2) Subject to sub-section (3), a person
employed in the Department under Part 3 of before their employment under that Part, was an officer of the Public Transport Corporation authorised under section 211, 218B, 221 or 229 continues, on and from their date of employment under that Part, to be authorised under those provisions, for a period of 12 months after that date or until they cease to be employed in the Department under that Part (whichever occurs sooner).
the Public Sector Management and
(3) The Secretary may at any time, in writing, revoke or suspend an authorisation that has continued by force of this section.
(4) On or after the transfer of a person to whom
sub-section (1) applies, an authorisation of
that person—
(a)
under section 211 ceases to be an authorisation in relation to a transport infringement; and
(b)
under section 229 is only with respect to a ticket offence.".
33. New sections 246D and 246E inserted
Before section 247 of the Principal Act insert—
'246D. Temporary authorisations for the purposes of Division 4AA of Part VII
(1) Despite anything to the contrary in
Division 4AA of Part VII, the Secretary may, in writing, temporarily authorise under a relevant provision a person employed or engaged by a passenger transport company
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 33 or bus company for a period not extending
beyond the first anniversary of the
commencement of section 32 of the Rail
Corporations and Transport Acts
(Amendment) Act 1999.(2) Without limiting sub-section (1), the
Secretary may give a temporary
authorisation to a person—
(a) without any application having been authorisation; and
(b) without any need to be satisfied of any matter referred to in section 221C(2); and (c) without any need to issue to the person an identity card under section 221I(1). (3) A temporary authorisation given under sub-
section (1) remains in force for the period for
which it is given unless—
(a) it is sooner revoked, in writing, by the Secretary; or (b) the person authorised under the relevant provision ceases to be an employee or engaged by a passenger transport company or bus company before the expiry of that period. (4) The Secretary may at any time, in writing, suspend an authorisation given under sub- section (1).
(5) In this section, "relevant provision" has the same meaning as in section 221A.
246E. Temporary authorisation for the purposes of sections 211 and 218B
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 34 | Act No. 45/1999 |
(1) Despite anything to the contrary in
section 211 or 218B, the Secretary may, in
writing, temporarily authorise under either or
both provisions a person employed or
engaged by a passenger transport company
or bus company for a period not extending
beyond the first anniversary of the
commencement of section 32 of the Rail
Corporations and Transport Acts
(Amendment) Act 1999.(2) Without limiting sub-section (1), the
Secretary may give a temporary
authorisation to a person—
(a) without any need to be satisfied of any matter referred to in section 211(3) or 218B(1B) (as the case requires); and (b) without any need to issue to the person an identity card under section 211(4) or 218B(1C) (as the case requires). (3) A temporary authorisation given under sub-
section (1) remains in force for the period for
which it is given unless—
(a) it is sooner revoked, in writing, by the Secretary; or (b) the person ceases to be an employee or engaged by a passenger transport company or bus company before the expiry of that period. (4) The Secretary may at any time, in writing, suspend an authorisation given under sub- section (1).'.
34. New sections 251A and 251B inserted
After section 251 of the Principal Act insert—
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999
'251A. Sale of lost property found in or on public
transport property
(1) A person who finds lost property in or on
any public transport property of a passenger
transport company must deliver the lost
property to that passenger transport
company.
Penalty: 5 penalty units.
(2) A passenger transport company may sell or dispose of—
(a) any lost property which is not claimed and removed by the owner or the person in charge of the lost property; or (b) any goods left on a passenger transport company's premises, after a reasonable attempt has been made to contact the owner or person to whom the goods
were consigned.(3) A passenger transport company may sell or dispose of—
(a) any goods or lost property likely to deteriorate immediately; and (b) all other goods or lost property after the expiry of 60 days from the date the lost property was found or the goods were not claimed.
(4) If goods or lost property are sold by a
passenger transport company under this
section, the passenger transport company
may deduct from the proceeds of the sale the
expenses of the sale and any amounts for
freight, storage and other charges.
(5) The balance of the proceeds of the sale under this section of any goods or lost property,
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 34 | Act No. 45/1999 |
after deduction of any amounts authorised by
sub-section (4) to be deducted from those
proceeds, must be dealt with as unclaimed
moneys in accordance with Part 3 of the
Unclaimed Moneys Act 1962.(6) A purchaser of goods or lost property sold
under this section has good title in relation to
those goods or lost property.
(7) In this section—
"goods" means any goods delivered to a passenger transport company to be carried as freight and which are not claimed and removed by or on behalf of
the owner or the person to whom the
goods were consigned;
"lost property" means any thing that
appears to have been accidentally or
deliberately abandoned by the owner or
person in charge of it in or on any
public transport property of a passenger
transport company but does not include
litter within the meaning of the Litter
Act 1987.
251B. Nuisances and noise emissions
(1) Any noise emanating from rolling stock—
(a) whilst the rolling stock is travelling on a railway track or tramway track; or (b) whilst the rolling stock is entering or exiting a siding, yard, depot or workshop; or (c) whilst the rolling stock is in a siding, yard, depot or workshop and is— (i) powering up to commence to be used in connection with the
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 34 provision of a passenger service;
or(ii) shutting down after being used in connection with the provision of a passenger service—
does not constitute a nuisance.
(2) Nothing in the Environment Protection Act 1970 or the Local Government Act 1989 or any subordinate instrument within the
meaning of the Interpretation of those Acts applies in respect of noise emanating from rolling stock—
(a)
whilst the rolling stock is travelling on a railway track or tramway track; or
(b)
whilst the rolling stock is entering or exiting a siding, yard, depot or workshop; or
(c)
whilst the rolling stock is in a siding, yard, depot or workshop and is—
(i) used in connection with the
powering up to commence to be or
(ii) shutting down after being used in connection with the provision of a passenger service.
(3) In this section—
"rolling stock" means any vehicle, used by
a passenger transport company for the
provision of a passenger service, that
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 34 | Act No. 45/1999 |
| operates on or uses a railway track or tramway track including a locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, road/rail vehicle, trolley and wagon but not including a vehicle designed to operate both on and off a railway or tramway track when the vehicle is not operating on a railway or tramway track.'. |
_______________
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 35
PART 4—PUBLIC TRANSPORT COMPETITION ACT 1995
35. Director of Public Transport
(1) In section 26(2), (3), (4) and (5) of the Public Transport Competition Act 1995, after
No. 68/1995. Reprint No. 1
as at
"Secretary" insert "or the Director". 22 October
1998. Further
(2) In section 27(3)(f) and (5) of the Public
Transport Competition Act 1995, after
"Secretary" insert "or the Director".amended by No. 6/1999. (3) In section 28(3) of the Public Transport Competition Act 1995, after "Secretary" insert
"or the Director".
(4) In section 29(1)(a) and (b) and (2) of the Public
Transport Competition Act 1995, after
"Secretary" insert "or the Director".
(5) In section 30(1), (2) and (4) of the Public Transport Competition Act 1995, after "Secretary" (wherever occurring) insert "or the
Director".
(6) In section 35 of the Public Transport
Competition Act 1995, at the end of the section
insert—"(2) The Director may, by instrument, delegate
to—
(a) an officer or other person by name; or (b) the holder of an office or position; or (c) a body—
any power of the Director under this Act
other than this power of delegation.".
36. No compensation payable
After section 36(1) of the Public Transport
Competition Act 1995 insert—
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 37 | Act No. 45/1999 |
"(1A) No compensation is payable to any person in
respect of or as a consequence of any
decision of the Director under this Act—
(a)
to enter into or not to enter into a service contract with any person;
(b) not to renew a service contract;
(c) to vary, suspend or cancel a service contract.".
37. Supreme Court—limitation of jurisdiction In section 37 of the Public Transport Competition Act 1995, at the end of the section
insert—
"(2) It is the intention of section 36(1A) to alter
or vary section 85 of the Constitution Act
1975.".
_______________
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 38
PART 5—RAIL CORPORATIONS (AMENDMENT) ACT 1997
38. Repeal of proposed authorised persons provisions
Section 36 of the Rail Corporations No. 104/1997. (Amendment) Act 1997 is repealed. 39. Extension of accreditation provisions to bus companies
In section 37 of the Rail Corporations
(Amendment) Act 1997 in proposed new
Division 4A to be inserted in Part VII of theTransport Act 1983—
(a) in proposed new section 228A(1)—
(i) after "A passenger transport company" insert "or bus company";
(ii) for "section 221A" substitute
"Division 4AA of Part VII";(b)
in proposed new section 228B(a), for "authorized" substitute "authorised";
(c)
in proposed new section 228G(a), for "authorized" substitute "authorised";
(d)
in proposed new section 228I(3)(b)(i), after "renewal application fee" insert ", if any";
(e)
in proposed new section 228L(1), after "passenger transport company" insert "or a bus company";
(f)
in proposed new section 228M, after "any passenger transport company" insert "or bus company";
(g)
in proposed new section 228N(1) and (3), after "passenger transport company" insert "or bus company";
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 40 | Act No. 45/1999 |
(h) in proposed new section 228N(2)—
(i) after "a passenger transport company" insert "or bus company";
(ii) in paragraph (a), for "authorized" substitute "authorised";
(i) in proposed new section 228P(1) and (3), after "passenger transport company" insert "or bus company";
(j) in proposed new section 228Q, after bus company";
(k) in proposed new section 228R(1)—
(i) after "passenger transport company" (where first occurring) insert "or bus company";
(ii) in paragraph (a), after "renewal of an company";
(iii) in paragraph (b), for "an" substitute "that company's";
(iv) for paragraph (c) substitute— "(c) that company.".
40. Passenger transport companies and bus companies to comply with conditions
In section 37 of the Rail Corporations section 228D insert—
(Amendment) Act 1997 in proposed new
Division 4A to be inserted in Part VII of the
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 41 "228DA. Passenger transport companies and bus
companies to comply with conditions
A passenger transport company or bus
company must not do, or omit to do,
anything that is in breach of a condition to
which its accreditation is subject.Penalty: 100 penalty units.".
41. Audit of accredited companies
In section 37 of the Rail Corporations section 228H insert—
(Amendment) Act 1997 in proposed newDivision 4A to be inserted in Part VII of the
"228HA. Secretary may audit certain books and
records of accredited companies to ensure
compliance with conditions(1) The regulations may require an accredited
company to keep books and records that will
enable the Secretary to determine whether
there has been compliance by the company
with the conditions to which its accreditation
is subject.
(2) The Secretary may, in accordance with the
regulations, audit all books and records
referred to in sub-section (1).
(3) In conducting an audit under sub-section (2),
the Secretary may, in the prescribed
circumstances, charge a fee that covers the
reasonable costs of conducting that audit.".
42. Supervision of accredited companies
In section 37 of the Rail Corporations
(Amendment) Act 1997 in proposed new
Division 4A to be inserted in Part VII of the
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 42 | Act No. 45/1999 |
Transport Act 1983, in proposed new
section 228N(2), after paragraph (a) insert—"(ab) the company does, or omits to do, anything
that is in breach of a condition to which its
accreditation is subject; or".
_______________
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 43
PART 6—RAIL CORPORATIONS (FURTHER AMENDMENT)
ACT 1998
43. Extension of enforcement provisions to bus companies
(1) In section 29 of the Rail Corporations (Further
Amendment) Act 1998, in proposed new
section 211(1) of the Transport Act 1983, in the
proposed new definition of "authorised officer"—No. 98/1998.
(a) in sub-paragraph (i) of paragraph (b), after "passenger transport company" insert "or bus company";
(b) omit sub-paragraph (iii) of paragraph (b). (2) In section 31 of the Rail Corporations (Further
Amendment) Act 1998, in proposed new section 218B(2A) of the Transport Act 1983, after "a passenger transport company" insert "or bus company".
(3) In section 32 of the Rail Corporations (Further
Amendment) Act 1998, in proposed new section 219AA of the Transport Act 1983—
(a) in proposed new sub-section (1), after bus company";
(b) in proposed new sub-section (7)(a)—
(i) after "passenger transport company" (where first occurring) insert "or bus company";
(ii) after "passenger transport company"
(where secondly occurring) insert "or
bus company (as the case requires)".
(4) In section 36(1) of the Rail Corporations
(Further Amendment) Act 1998, in proposed
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 44 | Act No. 45/1999 |
new section 229(1AA) of the Transport Act
1983, after "passenger transport company" insert
"or a bus company".44. Repeal of proposed amendments to powers to remove offenders
Section 33 of the Rail Corporations (Further
Amendment) Act 1998 is repealed.
45. Repeal of proposed amendment to Office of the Regulator-General Act 1994
Section 48 of the Rail Corporations (Further
Amendment) Act 1998 is repealed.
_______________
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 s. 46
PART 7—AMENDMENT OF OTHER ACTS
46. Amendment of Borrowing and Investment Powers Act 1987
In Schedule 1 of the Borrowing and Investment
Powers Act 1987, after item 12 insert—
"13. Spencer Street 5, 8, 10, 11, 11AA, 11AB, Station Authority 13, 14, 14A, 15, 20, 20A
and 21".
47. Amendment of Docklands Authority Act 1991
In section 28(2) of the Docklands Authority Act 1991 after "Rail Corporations Act 1996" insert "Spencer Street Station Authority established
under the Rail Corporations Act 1996.".
48. Melbourne City Link Act 1995
(1) In section 73 of the Melbourne City Link Act 1995, after sub-section (4) insert—
No. 107/1995. Reprint No. 2
as at 2 June
1998. Further"(4A) For the purposes of sub-section (4), a criminal proceeding commenced, or an
amended by
Nos 109/1997, 46/1998,
infringement notice issued, against a person 50/1998, in respect of an offence against sub-section 85/1998,
86/1998 and(1) is to be disregarded if the charge or 102/1998. infringement notice is withdrawn.".
(2) In section 77(1) of the Melbourne City Link Act
1995—
(a)
after "relevant corporation" (where first occurring) insert ", or a person authorised by the relevant corporation for the purposes of this section,";
(b)
after "relevant corporation" (where secondly occurring) insert "or authorised person".
Rail Corporations and Transport Acts (Amendment) Act 1999
| s. 49 | Act No. 45/1999 |
(3) In section 77(2) of the Melbourne City Link Act
1995, after "relevant corporation" insert "or an
authorised person".
(4) In section 78(1) of the Melbourne City Link Act
1995, after "relevant corporation" insert "or a
person authorised by a relevant corporation for the
purposes of section 77".
49. Office of the Regulator-General Act 1994
| No. 42/1994. | (1) In section 3(2) of the Office of the Regulator- |
| Reprint No. 2 | |
| as at 19 June | General Act 1994, for "sub-section (3) or (5)" |
| 1997. Further | substitute "sub-sections (3), (5) and (7)". |
| amended by | |
| Nos 46/1998, | |
| 91/1998 and | (2) After section 3(6) of the Office of the Regulator- |
| 98/1998. | General Act 1994 insert— "(7) Sub-section (2) does not apply to— |
(a) railways and rail infrastructure; or
(b) tramways and tram infrastructure.".
═══════════════
Rail Corporations and Transport Acts (Amendment) Act 1999
Act No. 45/1999 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 6 May 1999
Legislative Council: 1 June 1999
The long title for the Bill for this Act was "to amend the Rail
Corporations Act 1996, the Transport Act 1983, the Public TransportCompetition Act 1995 and certain other Acts and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 6 May 1999
Legislative Council: 1 June 1999
Absolute majorities:
Legislative Assembly: 28 May 1999
Legislative Council: 1 June 1999
0
0
0