Victoria Police Amendment Regulations 2018 (Vic)

Victoria Police Amendment Regulations 2018

S.R. No. 39/2018

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Designated place

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Endnotes

STATUTORY RULES 2018

S.R. No. 39/2018

Victoria Police Act 2013

Victoria Police Amendment Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 27 March 2018

Responsible Minister:

LISA NEVILLE
Minister for Police

ANDREW ROBINSON

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Victoria Police Regulations 2014—

(a)to prescribe additional designated places at which protective services officers may exercise all the powers and have all the responsibilities imposed or conferred by section 52(2) of the Victoria Police Act 2013; and

(b)to substitute the definition of rail premises as a consequence of the revocation of the Transport (Conduct) Regulations 2005; and

(c)to make consequential and miscellaneous amendments; and

(d)to prescribe other matters for the purposes of the Victoria Police Act 2013.

2Authorising provision

These Regulations are made under section 277 of the Victoria Police Act 2013.

3Commencement

These Regulations come into operation on 1 April 2018.

4Principal Regulations

In these Regulations, the Victoria Police Regulations 2014[1] are called the Principal Regulations.

5Definitions

(1)In regulation 4 of the Principal Regulations, for the definition of rail premises substitute—

"rail premises means any land, building, premises or structure owned, occupied or leased by—

(a)a passenger transport company within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 in connection with its capacity as a provider of a passenger service within the meaning of section 3(1) of the Rail Management Act 1996; or

(b)a rail freight operator within the meaning of section 2(1) of the Transport (Compliance andMiscellaneous) Act 1983 in connection with its capacity as a provider of a rail freight

service; or

(c)Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010; or

(d)the Public Transport Development Authority within the meaning of section 3 of the Transport Integration Act 2010;".

(2)In regulation 4 of the Principal Regulations, in the definition of railway premises, for "or" substitute "and".

(3)In regulation 4 of the Principal Regulations insert the following definitions—

"bus has the same meaning as it has in section 3(1) of the Bus Safety Act 2009;

bus premises means—

(a)a depot or base of operations for a bus service by a specified route bus; or

(b)a place where bus safety work within the meaning of the Bus Safety Act 2009 is carried out in connection with the provision of a bus service by a specified route bus; or

(c)a specified route bus; or

(d)a rail replacement bus; or

(e)land on or in which is situated a bus stopping point and any associated bus stop infrastructure within the meaning of section 48H of the Road Management Act 2004;

bus service means the operation of one of more buses to provide a service for the transport of passengers by road;

bus stopping point means a location designated for a specified route bus or a rail replacement bus to stop for the purposes of passengers boarding and disembarking;

rail replacement bus means a bus providing a bus service of carrying passengers of a disrupted rail service or tram service;

road has the same meaning as it has in section 3(1) of the Road Safety
Act 1986;

specified bus premises means premises described in paragraph (a), (b) or (e) of the definition of bus premises;

specified route bus means a bus providing a route bus service within the meaning of the Bus Safety Act 2009 under the authority of a service contract within the meaning of the Bus Services Act 1995;".

6Designated place

(1)In regulation 27(c) of the Principal Regulations, after "rail premises" insert "or specified bus premises".

(2)In regulation 27(d) of the Principal Regulations—

(a)after "rail premises" insert "or specified bus premises";

(b)omit "bus stops and".

(3)In regulation 27(e) of the Principal Regulations, for "or in the vicinity of rail premises." substitute "rail premises or specified bus premises;".

(4)In regulation 27(f) of the Principal Regulations, for "or in the vicinity of rail premises" substitute "rail premises or specified bus premises".

(5)After regulation 27(f) of the Principal Regulations insert—

"(g)land on or in which is situated a tram stopping point within the meaning of section 48H of the Road Management Act 2004 and any associated tram stop infrastructure within the meaning of that section;

(h)any rail premises on or adjoining the land referred to in paragraph (g), including any car parking area on the rail premises;

(i)bus premises;

(j)a road on which a specified route bus or rail replacement bus provides a bus service at the time the service is in operation.".

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Endnotes

[1] Reg. 4: S.R. No. 79/2014.