Untitled document

Transport Acts (Amendment) Act 1998

Act No. 16/1998

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—NATIONAL RAIL CORPORATION (VICTORIA) ACT

1991   3

3.        Restriction on the Corporation engaging in intra-State rail

services without consent abolished 3

4.        Repeal of provisions concerning the transfer of certain land to

the Corporation 3
5.	Consequential amendments to section 12 on repeal of section 11 3
6.	Consequential amendment to section 13 on repeal of section 11 3
7.	Repeal of spent provisions 3

PART 3—TRANSPORT ACT 1983 4

8.	Abolition of restriction on the carriage of certain goods	4
9.	Repeal of Schedule of classes, kinds or description of certain
goods	4
10.	References to Subordinate Legislation Act	4

PART 4—RAIL CORPORATIONS (AMENDMENT) ACT 1997 6

11. Authorized persons 6

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NOTES 7

i

Victoria

No. 16 of 1998

Transport Acts (Amendment) Act 1998†

[Assented to 28 April 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is—

(a) to repeal certain provisions of the National Rail Corporation (Victoria) Act 1991 in order to facilitate the sale of the shares of the State of Victoria in National Rail Corporation Limited; and

Transport Acts (Amendment) Act 1998

Act No. 16/1998 s. 2

(b)	to repeal provisions of the Transport Act 1983 that restrict the carriage of certain goods by commercial goods vehicle; and
(c)	to make a minor amendment to the Rail Corporations (Amendment) Act 1997 concerning the appointment of an authorized
person under section 221(1)(c) of the Transport Act 1983.

2. Commencement

(1) This Part and Part 3 come into operation on the
day on which this Act receives the Royal Assent.

(2) Part 4 is deemed to have come into operation on

16 December 1997.

(3) The remaining provisions of this Act come into

operation on a day or days to be proclaimed.

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Transport Acts (Amendment) Act 1998

s. 3 Act No. 16/1998

PART 2—NATIONAL RAIL CORPORATION (VICTORIA)
ACT 1991

3.  Restriction on the Corporation engaging in intra- State rail services without consent abolished

No. 76/1991. Section 9 of the National Rail Corporation
(Victoria) Act 1991 is repealed.

4.  Repeal of provisions concerning the transfer of certain land to the Corporation

(1) Section 11 of the National Rail Corporation

(Victoria) Act 1991 is repealed.

(2) Schedule 2 to the National Rail Corporation

(Victoria) Act 1991 is repealed.

5.  Consequential amendments to section 12 on repeal of section 11

In section 12 of the National Rail Corporation

(Victoria) Act 1991—

(a) omit ", and a declaration must not be made under section 11,";

(b) omit "or of the land".

6.  Consequential amendment to section 13 on repeal of section 11

Section 13(b) of the National Rail Corporation

(Victoria) Act 1991 is repealed.

7. Repeal of spent provisions

Part 6 of the National Rail Corporation

(Victoria) Act 1991 is repealed.

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Transport Acts (Amendment) Act 1998

Act No. 16/1998 s. 8

PART 3—TRANSPORT ACT 1983

8.  Abolition of restriction on the carriage of certain goods

Division 9 of Part VI of the Transport Act 1983	No. 9921. Reprint No. 5.
is repealed.	as at 1 June 1997. Further
amended by Nos 63/1997,
104/1997 and 106/1997.

9.  Repeal of Schedule of classes, kinds or description of certain goods

Schedule 8 to the Transport Act 1983 is repealed.

10. References to Subordinate Legislation Act

(1) For section 81(6) of the Transport Act 1983

substitute—
"(6) An Order made under sub-section (1) is

subject to disallowance by Parliament and Part 5 of the Subordinate Legislation Act 1994 applies to an Order as if the Order were

a statutory rule within the meaning of that published in the Government Gazette on the day on which the Order was so published.".

(2) In section 83(1) of the Transport Act 1983 after

"shall" insert "by notice published in the

Government Gazette".

(3) After section 83(1) of the Transport Act 1983

insert—

"(1A) A determination comes into operation on the day on which it is published in the is specified in the determination.".

Transport Acts (Amendment) Act 1998

s. 10 Act No. 16/1998

(4) For section 83(3) of the Transport Act 1983

substitute—
"(3) The determinations of the Minister are

subject to disallowance by the Parliament or by a House of the Parliament and section 15 and Part 5 of the Subordinate Legislation

Act 1994 apply to a determination as if the determination were a statutory rule within the meaning of that Act, notice of the making

of which had been published in the determination was so published.".

(5) In section 215 of the Transport Act 1983, sub-

sections (2) and (3) are repealed.

(6) In section 256 of the Transport Act 1983, sub-

sections (3) and (4) are repealed.

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Transport Acts (Amendment) Act 1998

Act No. 16/1998 s. 11

PART 4—RAIL CORPORATIONS (AMENDMENT) ACT 1997

11. Authorized persons

In section 36 of the Rail Corporations	No. 104/1997.
(Amendment) Act 1997, in paragraph (d) of the proposed new section 221A(1) of the Transport Act 1983, for "is employed or engaged"
substitute "in the case of a person who is employed or engaged by a passenger transport company, is employed or engaged".

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Transport Acts (Amendment) Act 1998

Notes Act No. 16/1998

NOTES

†

Minister's second reading speech—

Legislative Assembly: 19 March 1998

Legislative Council: 8 April 1998

The long title for the Bill for this Act was "to amend the National Rail
Corporation (Victoria) Act 1991, the Transport Act 1983 and the Rail
Corporations (Amendment) Act 1997 and for other purposes."