Untitled document
Rail Corporations (Amendment) Act 1998
Act No. 47/1998
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2 3. Principal Act 2
PART 2—AMENDMENT OF PRINCIPAL ACT 3
4. Definitions 3 5. Functions and powers of V/Line Freight and Rail Track 3 6. New section 7A inserted 4
7A. Clearance of trees etc. 4 7B. No obligation to fence 5 7C. Power to break up roads, etc. 5
7. New Division 2E inserted 6 Division 2E—V/Line Passenger Corporation 6 18ZA. Establishment 6 18ZB. V/Line Passenger Corporation not to represent the Crown 7 18ZC. Objective 7 18ZD. Functions and powers 7 18ZE. No obligation to fence 9 18ZF. Power to break up roads, etc. 9 8. New section 37A inserted 9 37A. Directions 9 9. Annual report 10 10. New Part 2A inserted 10 PART 2A—ACCESS REGIME 10
38A. Application of Office of the Regulator-General Act
1994 10 38B.
Objective of the Office of the Regulator-General 10 38C.
Declaration of rail transport services 11 38D.
Meaning of "operate" 11 38E. Obligations of operator in relation to declared rail
transport services 12
i
Section Page
38F. Procedure if disputes arise 12 38G. What may determination deal with? 13 38H. Office may seek information 14 38I. Restriction on making determination 14 38J. Making of determination 14
38K. Costs 15
38L. Amendment or revocation of determination 15
38M. Pricing and other principles 15 38N. Hindering access 16
38O. Financial and business records 16 38P. Restriction on disclosure of confidential information 18 38Q. No appeals against determination 21 38R. Extra-territorial operation 22
11. New section 60A inserted 22
60A. Clearance of trees 22
12. Extension of sections 61 and 62 24 13. New section 64 inserted 25
64. Supreme Court—limitation of jurisdiction 25 14. Amendments consequential on appointment of administrator
of PTC 25
PART 3—AMENDMENT OF TRANSPORT ACT 1983 26
15. New Division 3A inserted in Part II 26 Division 3A—The PTC Administrator 26
17. Appointment of Administrator to PTC 26 18. Vacancy etc. in office of Administrator 26 19. Deputy Administrator 27 20. Resignation and removal 27 20A. Functions and powers 28 20B. Staff of Administrator 28 20C. Functions and powers 28
20D. Delegation 29 20E. Directions 29
16. Amendments consequential on appointment of administrator 30
═══════════════
NOTES 33
ii
Victoria
No. 47 of 1998
Rail Corporations (Amendment) Act
1998†
[Assented to 26 May 1998]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Rail
Corporations Act 1996 and the Transport Act1983 so as to—
(a)
establish a new statutory corporation to operate rural rail passenger services;
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 2
(b) regulate access to certain rail or tram infrastructure and facilitate the entering into of certain leasing arrangements in respect of rail or tram infrastructure; (c) enable binding Ministerial directions to be given to rail corporations; (d) provide for the appointment of an Corporation.
2. Commencement
(1) This Part comes 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 January 2000, it
comes into operation on that day.
3. Principal Act
In this Act, the Rail Corporations Act 1996 is
No. 79/1996. Amended by
called the Principal Act. No. 104/1997.
_______________
Rail Corporations (Amendment) Act 1998
| s. 4 | Act No. 47/1998 |
PART 2—AMENDMENT OF PRINCIPAL ACT
4. Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions—
' "declared rail transport service" means a rail
transport service declared by an Order under
section 38C;
"Office" means Office of the Regulator-General
established under the Office of the
Regulator-General Act 1994;
"rail transport service" means a service
comprising access to, or use of, rail or tram
infrastructure owned by Rail Track, the
Public Transport Corporation or the
Secretary to the Department of
Infrastructure;'.
(2) In the definition of "rail corporation" in section
3(1) of the Principal Act, after "means" insert
"V/Line Passenger Corporation or".
5. Functions and powers of V/Line Freight and Rail Track
(1) In section 7(1) of the Principal Act, after
paragraph (b) insert—
"(ba) to direct, control and charge for access to,
and movement of rolling stock on,
railways;".
(2) In section 7(2) of the Principal Act, after
paragraph (a) insert—
"(ab) may establish, manage and maintain rail
infrastructure and acquire and operate rolling
stock for the purpose of carrying out its
functions;".
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 6 (3) In section 11(3)(e) of the Principal Act, after
"persons" insert "including leasing to any other
person any rail infrastructure or traminfrastructure owned by it".
6. New section 7A inserted
After section 7 of the Principal Act insert—
"7A. Clearance of trees etc.
(1) V/Line Freight, by written notice, may
require the owner or occupier of any land to
fell and remove any tree or wood on that
land that is within 60 metres of a railway
track operated or maintained by it and that
could obstruct or endanger the railway track
or obstruct a view of a signal box from any
portion of the railway track.(2) Notice under sub-section (1) may be served on an owner or occupier—
(a) personally; or
(b) by sending it by post to the owner or occupier at that person's usual or last known residential or business address; or
(c) residential or business address of the
owner or occupier with a person on the
premises who is apparently at leastby leaving it at the usual or last known employed there; or
(d) in a manner prescribed by any other Act or law for service on a person or class of persons of the same type as the owner or occupier; or
(e)
if the identity or address of the owner or occupier is not known—
Rail Corporations (Amendment) Act 1998
| s. 6 | Act No. 47/1998 |
(i) by displaying it on the land; and
(ii) by publishing a copy of it and a description of the land in a newspaper circulating generally in Victoria.
(3) If the owner or occupier of the land does not
comply with the notice within the time specified in the notice, V/Line Freight may—
(a)
enter the land at any reasonable time and carry out the work specified in the notice; and
(b)
recover the cost of carrying out the work from the owner or occupier as a debt.
7B. No obligation to fence
(1) Despite any Act or rule of law to the
contrary, V/Line Freight—
(a) is not required to fence or contribute to the fencing of any portion of a railway; and (b) is not liable for any damage that may be caused by reason of any railway not being fenced in or fenced off. (2) V/Line Freight may, but is not obliged to,
erect and maintain such fences in connection
with a railway as it thinks proper.
7C. Power to break up roads, etc.
After consultation with the Roads
Corporation and any relevant municipalcouncil, V/Line Freight—
(a)
may open and break up, and divert traffic from, any road on or adjacent to
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 7 which there is rail infrastructure that is
operated or maintained by V/Line
Freight; and
(b)
may take possession of, and use, the whole or any portion of such a road.".
7. New Division 2E inserted
Before Division 3 of Part 2 of the Principal Act insert—
"Division 2E—V/Line Passenger Corporation
18ZA. Establishment
(1) V/Line Passenger Corporation is established.
(2) V/Line Passenger Corporation—
(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 V/Line Passenger Corporation affixed
to a document and, until the contrary is
proved, must presume that it was duly
affixed.
(4) The official seal of V/Line Passenger
Corporation must be kept in such custody as
V/Line Passenger Corporation directs and
must not be used except as authorised by
V/Line Passenger Corporation.
Rail Corporations (Amendment) Act 1998
| s. 7 | Act No. 47/1998 |
18ZB. V/Line Passenger Corporation not to
represent the Crown
V/Line Passenger Corporation is a public authority but does not represent the Crown.
18ZC. Objective
The principal objective of V/Line Passenger Corporation is to perform its functions in an efficient and commercial manner.
18ZD. Functions and powers
(1) The functions of V/Line Passenger
Corporation are—
(a) to operate rural rail passenger services;
(b) incidental to its rail passenger services,
to operate services ancillary or services;
(c) any other functions conferred on or any other Act.
(2) V/Line Passenger Corporation—
(a) may enter into contracts, agreements, leases and licences for the carrying out of its functions; (b) may acquire and operate rail vehicles for the purpose of carrying out its functions;
(c) may engage agents or consultants;
(d) may act as agent of another person;
(e)
may do all things necessary or convenient to be done for, or in
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 7 connection with, carrying out its
functions or achieving its objectives.(3) Without limiting the generality of the
functions and powers conferred on it, V/Line
Passenger Corporation—
(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.
(4) V/Line Passenger Corporation may, with the
approval or at the direction of the Minister, cease to perform all or any of its functions.
(5) Without limiting, or taking away, any of his or her other powers, the Minister, for and on behalf of the Crown, may be a party to any
agreement providing for the sale, other agreement of any kind whatsoever.
assignment, transfer or disposal of all or any
part of the property, rights, liabilities,
undertaking or business of V/Line Passenger
Rail Corporations (Amendment) Act 1998
| s. 8 | Act No. 47/1998 |
18ZE. No obligation to fence
(1) Despite any Act or rule of law to the
contrary, V/Line Passenger Corporation—
(a) is not required to fence or contribute to the fencing of any portion of a railway; and (b) is not liable for any damage that may be caused by reason of any railway not being fenced in or fenced off. (2) V/Line Passenger Corporation may, but is
not obliged to, erect and maintain such
fences in connection with a railway as it
thinks proper.
18ZF. Power to break up roads, etc.
After consultation with the Roads
Corporation and any relevant municipalcouncil, V/Line Passenger Corporation—
(a)
may open and break up, and divert traffic from, any road on or adjacent to which there is rail infrastructure that is operated or maintained by V/Line Passenger Corporation; and
(b)
may take possession of, and use, the whole or any portion of such a road.".
8. New section 37A inserted
After section 37 of the Principal Act insert—
"37A. Directions
(1) The Treasurer and the Minister, acting
jointly, may, from time to time, by written
notice to the board of a rail corporation, give
such directions to the board as the Treasurer
and Minister think fit.
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 9 (2) The board of a rail corporation must comply with a direction given under this section but an act or decision of the board is not invalid merely because of a failure to comply with
such a direction.".
9. Annual report
In section 38(a) of the Principal Act, after "32" insert "or 37A".
10. New Part 2A inserted
At the end of Part 2 of the Principal Act insert—
'PART 2A—ACCESS REGIME
38A. Application of Office of the Regulator-
General Act 1994
(1) This Part is relevant legislation for the
purposes of the Office of the Regulator-
General Act 1994.(2) For the purposes of Part 3 of the Office of the Regulator-General Act 1994—
(a) railways and rail infrastructure; and (b) tramways and tram infrastructure—
are a regulated industry.
38B. Objective of the Office of the Regulator-
General
The objective of the Office in relation to the regulated industry is, in addition to the objectives under section 7 of the Office of the Regulator-General Act 1994 (but subject to section 4(2) of that Act), to ensure users have fair and reasonable access to declared rail transport services.
Rail Corporations (Amendment) Act 1998
| s. 10 | Act No. 47/1998 |
38C. Declaration of rail transport services
(1) The Governor in Council on the
recommendation of the Minister, by Order published in the Government Gazette, may declare a rail transport service to be a
declared rail transport service for the
purposes of this Part until a date for the
expiry of the declaration specified in the
Order.(2) The Minister may make a recommendation
under sub-section (1) in relation to a rail
transport service only if he or she is satisfied
that it is necessary to do so to promote
competition or increase efficiency or the
level of services to the public.
(3) A rail transport service may be declared to
be a declared rail transport service under
sub-section (1) with effect from any time on
or after the expiry of an earlier declaration.
38D. Meaning of "operate"
A person operates rail or tram infrastructure for the purposes of this Part if the person—
(a)
owns or leases rail or tram infrastructure or has a right conferred by an Act or a contract to manage rail or tram infrastructure; and
(b) either—
(i) operates the signalling, rolling
stock control and communications
facilities of the railway or
tramway, as the case requires; or(ii) railway or tramway (as the case
carries out, on or about the maintenance, repair or alteration
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 10 of any of the rail infrastructure or
tram infrastructure.
38E. Obligations of operator in relation to
declared rail transport services
(1) An operator of rail or tram infrastructure
must—
(a) the requirements of a person seeking
use all reasonable endeavours to meet services; and
(b) make a formal proposal of terms and conditions for access within 14 days after receiving a request or within such longer period as is allowed by the
Office; and(c) at the request of a person seeking, or considering seeking, access to a declared rail transport service, provide to that person information of a kind and in the form specified by the Office in a notice given to the operator for the purposes of this paragraph. (2) The terms and conditions of access may vary according to the actual and opportunity costs to the operator, but must not vary simply
because of the identity of the person seeking
access.
38F. Procedure if disputes arise
(1) If an operator has not made a formal proposal in accordance with section 38E(1)(b), the person seeking access to a
declared rail transport service may apply in
writing to the Office for the making of a
determination in accordance with section 26
of the Office of the Regulator-General Act
Rail Corporations (Amendment) Act 1998
| s. 10 | Act No. 47/1998 |
1994 on access to the declared rail transport
service.
(2) If an operator and a person seeking access
cannot agree on the terms and conditions on which access is to be provided, the operator or the person seeking access may apply in
writing to the Office for the making of a
determination in accordance with section 26
of the Office of the Regulator-General Act
1994 on access to the declared rail transportservice.
(3) A person who considers that their right of
been hindered in contravention of section
38N may apply in writing to the Office for
the making of a determination in accordance
with section 26 of the Office of theaccess to a declared rail transport service has the declared rail transport service.
38G. What may determination deal with?
(1) A determination may deal with any matter
relating to access to the declared rail
transport service including, but not limited
to—
(a) requiring the operator to provide access to the service to the person seeking access; (b) specifying the terms and conditions of access; (c) specifying the extent to which the determination overrides an earlier determination relating to access to the service.
(2) A determination does not—
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 10
(a)
have to require the operator to provide access to the person seeking access; or
(b)
require the person seeking access to accept access.
38H. Office may seek information
Within 20 days after receiving an application under section 38F, the Office must give notice in writing to the person making the application or to any other person from whom the Office is entitled to require information under the Office of the Regulator-General Act 1994 specifying—
(a)
any information that the Office requires the person to give so that the Office can make a determination; and
(b)
a reasonable time within which the information must be provided.
38I. Restriction on making determination
The Office must not make a determination
providing access if the Office considers that
the making of the determination would
substantially impede the existing right of
access of another person unless the Office
has considered whether that person should be
compensated by the person seeking access
and, if it considers that compensation should
be paid by that person, has fixed the amount
of that compensation and made provision inthe determination for its payment.
38J. Making of determination
Rail Corporations (Amendment) Act 1998
| s. 10 | Act No. 47/1998 |
(1) In making a determination the Office must—
(a) consider the matters specified in the Competition Principles Agreement made on 11 April 1995 between the Commonwealth and all of the States and Territories of the Commonwealth; and
(b) apply any policies or principles section 38M(1).
(2) Subject to sub-section (3), the Office must
endeavour to determine an application under section 38F within 30 days after receiving it, excluding the period of time between the day on which notice is given under section 38H
and the day on which the requiredinformation is received by the Office.
(3) The Office may refuse to make a
determination if the Office considers that the
dispute is vexatious.
38K. Costs
The costs of the Office in making a determination for the purposes of this Part are to be paid equally by the operator and the person seeking access.
38L. Amendment or revocation of determination
A person who is bound by a determination may apply in writing to the Office for the amendment or revocation of the determination on the ground that there has been a material change in circumstances.
38M. Pricing and other principles
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 10 (1) The Governor in Council, by Order
published in the Government Gazette, may specify policies or principles to be applied by the Office in—
(a)
determining any amount to be paid for access to a specified declared rail transport service; or
(b)
determining the terms and conditions of access; or
(c) generally determining an application
under section 38F.(2) If an Order made under sub-section (1)
specifies a date on which the Order is to cease to have effect, the Order cannot be amended, varied or revoked before that date.
(3) Nothing in an Order made under sub-section (1) limits the capacity of an operator to agree to provide a person with access on terms and conditions that are inconsistent within
anything specified in that Order.
38N. Hindering access
An operator of rail or tram infrastructure or any person having access to a declared rail transport service must not engage in any
conduct having the purpose of hindering
access to a declared rail transport service by
any other person in the reasonable exerciseof a right of access.
38O. Financial and business records
Rail Corporations (Amendment) Act 1998
| s. 10 | Act No. 47/1998 |
(1) An operator of rail infrastructure must keep financial and business records in respect of declared rail transport services that are
separate from other aspects of any business
conducted by the operator.(2) The financial and business records in respect
of declared rail transport services must be
prepared and maintained in accordance with
guidelines made by the Office.
(3) The operator must make the financial and
business records available to the Office when
required to do so by notice in writing given
by the Office.
(4) A requirement under sub-section (3) must
identify the information or document
required and must specify—
(a) by when the requirement must be complied with; and (b) in what form the information or copy of the document is to be given to the Office; and (c) that the requirement is made under this section and must include a copy of this section and section 38P. (5) A person must not, without lawful excuse,
fail to comply with a requirement made
under this section.
Penalty: 100 penalty units or imprisonment
for 2 years.(6) It is a lawful excuse for the purposes of sub-
section (5) that compliance may tend to
incriminate the person or make the person
liable to a penalty for any other offence.
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 10 (7) A person must not, in purported compliance with a requirement made under this section, knowingly give the Office information that is
false or misleading.
Penalty: 100 penalty units or imprisonment
for 2 years.(8) A person must not—
(a) threaten, intimidate or coerce another person; or (b) take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, injury or disadvantage—
because that other person complied, or
intends to comply, with a requirement madeunder this section.
Penalty: 100 penalty units or imprisonment
for 2 years.(9) A person is not liable in any way for any
loss, damage or injury suffered by another
person because of the giving in good faith of
a document or information to the Office
under this section.
(10) Part 3A of the Office of the Regulator-
General Act 1994 does not apply to financial and business records kept by an operator of rail or tram infrastructure in respect of declared rail transport services.
38P. Restriction on disclosure of confidential
information
(1) This section applies if information or a document is given to the Office under section 38O and, at the time it is given, the
person giving it states that it is of a
Rail Corporations (Amendment) Act 1998
| s. 10 | Act No. 47/1998 |
confidential or commercially sensitive
nature.(2) The Office must not disclose the information
or the contents of the document to any
person unless—
(a) it is of the opinion—
(i) information or document would
that the disclosure of the supplying it; or
(ii) information or document would
cause detriment to the person
supplying it, the disclosure would
assist in achieving the objectives
of this Part and the benefit of
achieving those objectives wouldthat although the disclosure of the the disclosure; and
(b)
it is of the opinion, in relation to any other person who is aware of the information or the contents of the document and who might be detrimentally affected by the disclosure—
(i) information or document would
that the disclosure of the or
(ii) information or document would
cause detriment to that person, the
disclosure would assist inthat although the disclosure of the Part and the benefit of achieving
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 10 those objectives would outweigh
any detriment caused by thedisclosure; and
(c)
it gives the person who supplied the information or document a written notice—
(i) disclose the information or
contents of the document,
specifying the nature of the
intended disclosure and setting outstating that the Office wishes to wishes to make the disclosure; and
(ii) opinion required by paragraph (a)
stating that the Office is of the why it is of that opinion; and
(d) supplied the information or document
if it is aware that the person who document from another person and is aware of that other person's identity and address, it gives that other person a written notice—
(i) containing the details required by paragraph (c); and
(ii) stating that the Office is of the opinion required by paragraph (b) in relation to him, her or it and setting out detailed reasons why it is of that opinion.
Penalty: 100 penalty units or imprisonment
for 2 years.
Rail Corporations (Amendment) Act 1998
| s. 10 | Act No. 47/1998 |
(3) Sub-section (2) does not prevent the
Office—
(a)
from disclosing information or the contents of a document to—
(i) an Associate Regulator-General;
or(ii) an officer or employee appointed or employed under section 20(1) of the Office of the Regulator- General Act 1994; or
(iii) a member of staff referred to in section 20(2) of that Act; or
(iv) a consultant engaged under
section 21 of that Act; or(v) a member of a committee or panel acting under a delegation under section 22 of that Act; or
(b)
from using information or a document for the purposes of an inquiry; or
(c)
from disclosing information or the contents of a document to the Minister in a report prepared in the form required by section 33(1A) of that Act.
(4) For the purposes of this section, the
disclosure of anything that is already in the public domain at the time the Office wishes to disclose it cannot cause detriment to any person referred to in sub-section (2)(a) or
(b).
38Q. No appeals against determination
(1) A determination or purported determination made by the Office for the purposes of this Part is not liable to be challenged, appealed against, reviewed, quashed or called in
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 11 question in any court or tribunal on any
account.
(2) Section 37 of the Office of the Regulator-
General Act 1994 does not apply to a determination made by the Office for the purposes of this Part.
(3) Nothing in this section affects the operation of section 38L.
38R. Extra-territorial operation
It is the intention of the Parliament that the operation of this Part should, so far as possible, include operation in relation to—
(a)
railways and rail infrastructure situated outside Victoria;
(b)
a rail transport service operating outside Victoria.'.
11. New section 60A inserted
After section 60 of the Principal Act insert—
"60A. Clearance of trees
(1) The Governor in Council, by Order
published in the Government Gazette, may
declare that this section applies, on and from
a date specified in the Order and subject to
any terms and conditions specified in the
Order, to a person or body specified in theOrder that—
(a) Track, the Public Transport
Corporation or the Secretary to the
Department of Infrastructure in relationhas entered into a lease with Rail infrastructure owned by Rail Track, the Public Transport Corporation or the
Rail Corporations (Amendment) Act 1998
| s. 11 | Act No. 47/1998 |
| Secretary to the Department of Infrastructure; or |
(b) has taken an assignment of the rights, liabilities and obligations of a person or body under a lease referred to in paragraph (a) entered into by that person or body with Rail Track, the Public Transport Corporation or the Secretary to the Department of Infrastructure. (2) Subject to any terms and conditions specified
in the Order under sub-section (1), a person
or body to which this section applies, by
written notice, may require the owner or
occupier of any land to fell and remove any
tree or wood on that land that is within 60
metres of a railway track operated or
maintained by that person or body and that
could obstruct or endanger the railway track
or obstruct a view of a signal box from any
portion of the railway track.
(3) Notice under sub-section (2) may be served on an owner or occupier—
(a) personally; or
(b) by sending it by post to the owner or occupier at that person's usual or last known residential or business address; or
(c)
by leaving it at the usual or last known residential or business address of the owner or occupier with a person on the premises who is apparently at least 16 years old and apparently residing or employed there; or
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 12
(d) in a manner prescribed by any other Act or law for service on a person or class of persons of the same type as the owner or occupier; or
(e)
if the identity or address of the owner or occupier is not known—
(i) by displaying it on the land; and
(ii) by publishing a copy of it and a description of the land in a newspaper circulating generally in Victoria.
(4) If the owner or occupier of the land does not
comply with the notice within the time
specified in the notice, the person or body
which caused the notice to be served may—
(a)
enter the land at any reasonable time and carry out the work specified in the notice; and
(b)
recover the cost of carrying out the work from the owner or occupier as a debt.".
12. Extension of sections 61 and 62
In section 61(1) and 62(1) of the Principal Act, at the end of paragraph (b) insert—
"; or
(c)
has entered into a lease with Rail Track, the Public Transport Corporation or the Secretary to the Department of Infrastructure in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Corporation or the Secretary to the Department of Infrastructure; or
Rail Corporations (Amendment) Act 1998
| s. 13 | Act No. 47/1998 |
(d)
has taken an assignment of the rights, liabilities and obligations of a person or body under a lease referred to in paragraph (c) entered into by that person or body with Rail Track, the Public Transport Corporation or the Secretary to the Department of Infrastructure.".
13. New section 64 inserted
After section 63 of the Principal Act insert—
"64. Supreme Court—limitation of jurisdiction
It is the intention of section 38Q to alter or
vary section 85 of the Constitution Act
1975.".
14. Amendments consequential on appointment of administrator of PTC
(1) In sections 40(4)(c), 57(1) and (2) and 58(4) of the
Principal Act, for "chief executive" substitute
"Administrator".(2) In section 45(1) of the Principal Act, for "chief executive of" substitute "Administrator of".
(3) In sections 45(2) and (3) and 52(1) and (3) of the Principal Act, for "chief executive or" (wherever occurring) substitute "Administrator or".
_______________
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 15
PART 3—AMENDMENT OF TRANSPORT ACT 1983
15. New Division 3A inserted in Part II
In Part II of the Transport Act 1983, after No. 9921.
Reprint No. 5Division 3 insert— as at 1 June
1997. Further
amended by"Division 3A—The PTC Administrator 17. Appointment of Administrator to PTC
Nos 28/1996,
37/1996,63/1997,
104/1997 and(1) There shall be an Administrator of the Public Transport Corporation.
106/1997.
(2) The Administrator shall be appointed by the
Treasurer after consultation with the
Minister.(3) The term of office of the Administrator is the term (not exceeding 2 years) specified in the instrument of appointment, and the
Administrator is eligible for re-appointment. (4) Subject to this section, the terms and
conditions of appointment of the after consultation with the Minister.
(5) The Administrator is not subject to the Public Sector Management Act 1992 (including Part 9) by reason only of the appointment as Administrator.
18. Vacancy etc. in office of Administrator (1) The office of the Administrator becomes
vacant if the Administrator—
(a)
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or
Rail Corporations (Amendment) Act 1998
| s. 15 | Act No. 47/1998 |
| makes an assignment of his or her remuneration for their benefit; or |
(b) is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence. (2) The Administrator may resign by writing delivered to the Treasurer.
(3) The Treasurer after consultation with the
Minister may remove the Administrator from office.
19. Deputy Administrator
(1) A Deputy Administrator may be appointed
by the Treasurer after consultation with the
Minister.
(2) The term of office of the Deputy
Administrator is the term, not exceeding
2 years, specified in the instrument of
appointment and the Deputy Administrator iseligible for re-appointment.
(3) Subject to this section, the terms and
conditions of appointment of the Deputy after consultation with the Minister.
(4) The Deputy Administrator is not subject to the Public Sector Management Act 1992 (including Part 9) by reason only of
appointment as Deputy Administrator.
20. Resignation and removal
(1) The Deputy Administrator may resign by
writing delivered to the Treasurer.
(2) The Treasurer, after consultation with the
Minister, may remove the Deputy
Administrator from office.
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 15 20A. Functions and powers
(1) The Deputy Administrator shall act as
Administrator—
(a) during a vacancy in the office of Administrator; and (b) during any period when the other reason, unable to perform the functions of Administrator—
but must not continue so to act for more than
6 months.
(2) The Deputy Administrator—
(a)
when acting as Administrator, has and may exercise all the powers of the Administrator under this or any other Act;
(b)
at any other time, has such powers of the Administrator under this or any other Act as are specified in the instrument of appointment or as are delegated to the Deputy Administrator by the Administrator under section 20D.
20B. Staff of Administrator
The Administrator may engage such officers and employees as are necessary for the performance of the Administrator's functions, on such terms and conditions of appointment or employment as are determined by the Administrator.
20C. Functions and powers
Rail Corporations (Amendment) Act 1998
| s. 15 | Act No. 47/1998 |
The Administrator has the functions and powers conferred on the Administrator under this or any other Act.
20D. Delegation
The Administrator may, in writing, delegate
to a person approved by the Minister any
function or power of the Administrator under
this or any other Act, other than this powerof delegation.
20E. Directions
(1) The Treasurer and the Minister, acting
jointly, may from time to time, by written
notice to the Administrator, give such
directions to the Administrator as the
Treasurer and Minister think fit.(2) The Administrator must comply with a
direction given under this section but an act
or decision of the Administrator is not
invalid merely because of a failure to comply
with such a direction.
(3) The Administrator must keep a copy of each
for inspection at the office of the
direction given under this section available than any direction, or part of a direction, that the Treasurer and the Minister have declared to be confidential.
(4) The Administrator must include in the
annual report of the Public Transport Management Act 1994 a brief summary, in a form approved by the Treasurer, of each direction given to the Administrator under this section, together with a statement of the Administrator's response to the direction.
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 16 (5) A notice containing a direction given under
this section is an exempt document for the purposes of the Freedom of Information Act 1982.".
16. Amendments consequential on appointment of administrator
(1) In section 2(1) of the Transport Act 1983, before
the definition of "ancillary works" insert— ' "Administrator", in relation to the Public
Transport Corporation, means the of Part II and includes any Deputy Administrator so appointed when acting as the Administrator;'.
(2) In section 13(2) of the Transport Act 1983, for
"Board of the Corporation" substitute
"Administrator".
(3) In section 13 of the Transport Act 1983, for sub-
sections (3) to (6) substitute—
"(3) All courts must take judicial notice of the
seal of the Public Transport Corporation
affixed to a document and, until the contrary
is proved, must presume that it was dulyaffixed.
(4) The official seal of the Public Transport
Corporation must be kept in such custody as the Public Transport Corporation directs and must not be used except as authorised by the Public Transport Corporation.
(5) On the commencement of section 15 of the
Rail Corporations (Amendment) Act
1998—
(a)
the members of the Board of the Public Transport Corporation go out of office;
Rail Corporations (Amendment) Act 1998
| s. 16 | Act No. 47/1998 |
(b) any person appointed to be a deputy of a member of the Board of the Public Transport Corporation goes out of office; (c) the Chief Executive of the Public Transport Corporation goes out of office. (6) On and from the commencement of section
15 of the Rail Corporations (Amendment)
Act 1998, a reference to—
(a)
the Board of the Public Transport Corporation; or
(b)
the Chairperson or any other member of that Board; or
(c)
a deputy of the Chairperson or any other member of that Board; or
(d)
the Chief Executive of that Corporation—
in any Act (other than in this sub-section) or any period after that commencement and unless the context otherwise requires, must be construed as a reference to the Administrator.".
in any subordinate instrument within the
meaning of the Interpretation of(4) In section 32(2A) of the Transport Act 1983, for
paragraph (a) substitute—
"(a) the Administrator of the Corporation; or".
(5) Section 32(3) of the Transport Act 1983 is
repealed.
(6) In section 32(3A) of the Transport Act 1983, for
"Chief Executive" (where twice occurring)
substitute "Administrator".
Rail Corporations (Amendment) Act 1998
Act No. 47/1998 s. 16
(7) Schedule 1 to the Transport Act 1983 is
repealed.
(8) In Schedule 1A to the Transport Act 1983—
(a) in the heading to the Schedule for CORPORATION";
(b)
in clauses 1(1), (2), (3) and (4), 2(1), 3(1) and (2) and 4 for "a Corporation" (wherever occurring) substitute "the Roads Corporation";
(c)
in clause 1(4)(b) for "Corporations" substitute "Corporation".
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Rail Corporations (Amendment) Act 1998
| Notes | Act No. 47/1998 |
NOTES
†
Minister's second reading speech—
Legislative Assembly: 23 April 1998
Legislative Council: 13 May 1998
The long title for the Bill for this Act was "to amend the Rail
Corporations Act 1996 and the Transport Act 1983 and for otherpurposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 23 April 1998
Legislative Council: 13 May 1998
Absolute majorities:
Legislative Assembly: 12 May 1998
Legislative Council: 14 May 1998
0
0
0