Transport Legislation Amendment Act 2019

Authorised by the Chief Parliamentary Counsel Authorised Version i Transport Legislation Amendment Act 2019 No. 49 of 2019 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3 Part 2—Amendment of Transport Integration Act 2010 4 Division 1—Head, Transport for Victoria—body corporate 4 3 Section 64A substituted and new sections 64AB to 64AF inserted 4 Division 2—Amendment of the objects, powers, functions and planning requirements of transport bodies 6 4 Objects of the Department 6 5 Functions of the Department 7 6 Section 33A substituted 7 7 Powers of the Secretary 10 8 Compulsory acquisition of land 11 9 Section 38 heading substituted 12 10 New sections 38A and 38B inserted 12 11 New Division 3A of Part 3 inserted 13 12 Transport plan 16 13 Corporate plans 17 14 Heading to Part 4A substituted and Division 1 heading repealed 18 15 Sections 64B and 64C substituted 18 16 Powers of the Head, Transport for Victoria 26 17 Sections 64E and 64F repealed 28 18 Compulsory acquisition of land 29 19 Grant of unalienated Crown land 30 20 New sections 64JA to 64JD inserted 30 21 Power of Treasurer to execute guarantee 34 22 New sections 64PA and 64PB inserted 35 23 New section 64SA inserted 36 24 Directions from Minister and Secretary 37 25 Section 64U repealed 37 26 Delegations giving rise to conflict and effect 37 -- 1 of 269 -- Section Page ii Authorised by the Chief Parliamentary Counsel 27 Corporate plan—Commercial Passenger Vehicle Commission 37 28 Section 115SD repealed 38 29 Functions of Victorian Rail Track 39 30 Annual report—Transport Corporation 39 31 Corporate plan—Transport Corporation 39 32 Section 166 repealed 40 Division 3—Amendment of Transport Restructuring Order and Transfer Order provisions 40 33 New Part heading inserted and Division heading amended 40 34 New section 65AA inserted 41 35 Transport Restructuring Orders—general provisions 41 36 Transport Restructuring Order may confer additional duty, function or power on the Secretary 42 37 Transport Restructuring Order may confer additional duty, function or power on a sector transport agency 42 38 Transport Restructuring Order may constitute a new sector transport agency 43 39 Effect of conferral of duties, functions or powers 43 40 Division heading amended 44 41 Application of Division—Transfer Orders 44 42 Transfer Orders 44 43 Certificate of chief executive officer of transferor transport body 44 44 New section 66MA inserted 45 45 Transfer of employees 47 Division 4—Roads Corporation interim period 48 46 Definitions 48 47 Heading to Part 5 substituted 48 48 Chief Executive of the Roads Corporation 48 49 Section 86 repealed 48 50 Section 87 substituted 48 51 Powers of the Roads Corporation 49 52 Sections 89, 89A and 89B repealed 49 53 Roads Corporation may employ persons 49 54 Sections 91 to 97 and 99 to 114 repealed 49 55 Delegation by Roads Corporation 50 Division 5—Abolition of certain transport bodies 50 Subdivision 1—Abolition of the Transport Infrastructure Development Agent 50 56 References to Transport Infrastructure Development Agent and related amendments 50 57 Division 4 of Part 3 repealed 50 -- 2 of 269 -- Section Page iii Authorised by the Chief Parliamentary Counsel Subdivision 2—Abolition of the Public Transport Development Authority 51 58 References to Public Transport Development Authority 51 59 Division 1A of Part 5 repealed 51 Subdivision 3—Abolition of the Roads Corporation 51 60 References to Roads Corporation and related amendments 51 61 Division 2 of Part 5 repealed 52 Subdivision 4—Abolition of the Linking Melbourne Authority 52 62 References to Linking Melbourne Authority 52 63 Division 3 of Part 6 repealed 52 Division 6—Savings and transitionals 53 64 New Part 12 inserted 53 65 New Division 6A of Part 12 inserted 72 Division 7—Consequential and other minor amendments 73 66 Definitions 73 67 Act binds the Crown 74 68 Recording of dealings 74 69 Delegation by Secretary 74 70 Easements 75 71 Head, Transport for Victoria may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978 75 72 Acquisition of land or interest in land to achieve environmental sustainability 75 73 Powers to enter land for investigative purposes 76 74 Power to enter building 76 75 Powers to enter land to construct or maintain works 76 76 Financial accommodation 76 77 Extra-territoriality 76 78 Delegation by the Head, Transport for Victoria 77 79 Contingency planning for exercise of certain powers 77 80 Functions of Commercial Passenger Vehicle Commission 77 81 Powers of the Commercial Passenger Vehicle Commission 78 82 Personal liability 78 83 Delegation 78 84 Grant of unalienated Crown land 78 85 Land 79 86 Functions of V/Line Corporation 79 87 Functions of Victorian Ports Corporation (Melbourne) 80 88 Functions of Victorian Regional Channels Authority 80 89 Functions of Port of Hastings Development Authority 80 90 Powers of a Transport Corporation 81 91 Delegation by a Transport Corporation 81 -- 3 of 269 -- Section Page iv Authorised by the Chief Parliamentary Counsel 92 Functions of Director, Transport Safety 81 93 Delegation by the Director, Transport Safety 81 94 Functions of the Chief Investigator, Transport Safety 81 95 Delegation by the Chief Investigator, Transport Safety 82 96 Immunity 82 97 Powers of transport safety appointee 82 Part 3—Amendment of Road Safety Act 1986 83 Division 1—Road safety measures 83 98 Definitions 83 99 Circumstances in which person is to be taken to be in charge of a motor vehicle 84 100 Offence if driver not licensed 84 101 Driver licences 84 102 Cancellation and disqualification—corresponding interstate drink-driving offence 84 103 Disqualified person must not apply for licence or permit 85 104 Persons required to provide certificate of completion of first- stage behaviour change program 85 105 Supervising driver offences 85 106 Interpretation 85 107 Interpretative provisions 86 108 Offences involving alcohol or other drugs 86 109 Offence to consume intoxicating liquor while supervising a learner driver 87 110 Provisions about cancellation and disqualification 87 111 Immediate suspension of driver licence or permit in certain circumstances 87 112 Zero blood or breath alcohol 87 113 Requirement to complete first-stage behaviour change program 88 114 Use of vehicle immobilising devices 88 Division 2—Roads Corporation restructuring amendments 89 115 New Part 8A inserted 89 116 Consequential amendments—Schedule 1 93 Division 3—Other amendments 93 117 Effecting registration, renewal or transfer 93 118 Appeal to Magistrates' Court 93 119 New Division 2A of Part 2 inserted 94 120 Power of Corporation to require tests to be undergone 99 121 Demerit point option notice 99 122 Interpretation 100 123 Information to which Part 7B applies 100 124 Authorised use or disclosure 100 -- 4 of 269 -- Section Page v Authorised by the Chief Parliamentary Counsel 125 Information protection agreements 101 126 Gazette notices may incorporate document etc. 101 Part 4—Amendment of Accident Towing Services Act 2007 102 127 Applications for standard tow truck licences 102 128 Approval of applications 102 129 Specified tow trucks 102 130 Application for transfer of tow truck licence 102 131 Temporary permits 102 132 Making of application 103 133 Issue of certificate of accreditation 103 134 Making of application 103 135 Issue of certificate of accreditation 103 136 Making of application 103 137 Charges to be adjusted for CPI 103 138 Power of VicRoads to determine fees 103 139 New Part 9 inserted 104 140 Consequential amendments—Schedule 2 108 Part 5—Amendment of Heavy Vehicle National Law Application Act 2013 109 141 Definitions 109 142 Application of Heavy Vehicle National Law 109 143 Meaning of generic terms in Heavy Vehicle National Law for the purposes of this jurisdiction 109 144 Section 15 substituted 109 145 Section 17 substituted 110 146 Road manager 110 147 Toll road authority 110 148 Section 30 repealed 111 149 Persons who may commence proceedings for offences 111 150 Certain matters indicated by prescribed road safety cameras are evidence 111 151 Part 5—Registration of heavy vehicles 112 152 Regulations 112 153 Repeal of transitional regulation making powers 112 154 New Division 3 of Part 6 inserted 112 155 Schedule—Part 2 repealed 114 Part 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 115 156 Purposes 115 157 Definitions 115 158 Functions and powers of the Secretary 115 159 Evidentiary certificates 116 160 Secretary may disclose certain information 116 161 Definitions 117 -- 5 of 269 -- Section Page vi Authorised by the Chief Parliamentary Counsel 162 Power to issue regular tow truck licences 117 163 Power to issue heavy tow truck licences 117 164 Definitions 117 165 Section 102 substituted 118 166 Section 103 substituted 118 167 Definitions 121 168 Section 124 substituted 121 169 Secretary may disclose certain information 121 170 Authorised officers 122 171 Section 134 substituted 122 172 New sections 134F and 134G inserted 122 Part 7—Amendment of other Acts 124 Division 1—Amendment of Road Management Act 2004 124 173 New section 71AA inserted 124 174 Authorised officers 124 175 Authorised officer's identity card 125 176 Entry to be reported to the appointing entity 126 177 Register of exercise of powers of entry 126 178 Complaints 126 179 Service of documents 126 180 Confidentiality 126 181 Indexation provision 127 182 New Part 8 inserted 127 183 Consequential amendments—Schedule 3 132 Division 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 132 184 New Division 15 of Part VIII inserted 132 Division 3—Amendment of Emergency Management Act 2013 134 185 Nomination of Industry Accountable Officer 134 Division 4—Amendment of other Acts 135 186 Consequential amendments—Schedule 4 135 Part 8—National Heavy Vehicle Regulator authorised officer staff amendments 136 Division 1—Amendment of Road Management Act 2004 136 187 Authorised officers 136 Division 2—Amendment of Road Safety Act 1986 136 188 Power to inspect motor vehicles and trailers 136 189 Seizure of number plates 136 190 Preliminary breath tests 136 191 General duty of driver or person in charge of motor vehicle 137 -- 6 of 269 -- Section Page vii Authorised by the Chief Parliamentary Counsel 192 Offence to sell, use or possess anti-speed measuring devices 137 193 Authorisation of authorised officers 138 Division 3—Amendment of Heavy Vehicle National Law Application Act 2013 138 194 Exclusion of legislation of this jurisdiction 138 195 New section 9A inserted 140 Part 8A—Amendment of Commercial Passenger Vehicle Industry Act 2017 141 195A New sections 267A and 267B inserted 141 Part 9—Repeal of this Act 143 196 Repeal of this Act 143 Schedule 1—Consequential amendments to Road Safety Act 1986 144 Schedule 2—Consequential amendments to Accident Towing Services Act 2007 178 Schedule 3—Consequential amendments to Road Management Act 2004 197 Schedule 4—Consequential amendments to other Acts 209 ═════════════ Endnotes 261 1 General information 261 -- 7 of 269 -- Section Page viii Authorised by the Chief Parliamentary Counsel -- 8 of 269 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Transport Legislation Amendment Act 2019† No. 49 of 2019 [Assented to 3 December 2019] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Transport Integration Act 2010— (i) to abolish the Roads Corporation (VicRoads), the Public Transport Development Authority, the Linking Melbourne Authority and the Transport Infrastructure Development Agent; and Victoria -- 9 of 269 -- Part 1—Preliminary Transport Legislation Amendment Act 2019 No. 49 of 2019 2 Authorised by the Chief Parliamentary Counsel (ii) to reconstitute the Office of the Head, Transport for Victoria as a corporation sole; and (iii) to reallocate the functions and powers of the abolished entities between the Secretary to the Department of Transport and the reconstituted Head, Transport for Victoria; and (b) to, as a consequence of the reallocation of functions and powers of the abolished entities between the Secretary to the Department of Transport and the reconstituted Head, Transport for Victoria, make consequential amendments to Acts in the Victorian Statute Book, including the Transport Integration Act 2010, the Road Safety Act 1986, the Road Management Act 2004, the Transport (Compliance and Miscellaneous) Act 1983, the Accident Towing Services Act 2007 and the Heavy Vehicle National Law Application Act 2013; and (c) to make amendments to the Road Safety Act 1986— (i) to implement a range of measures relating to zero blood alcohol requirements and the deployment of vehicle immobilisation devices to promote road safety; and (ii) to provide a process for the cancellation of the registration of vehicles with offensive advertisements on them; and (iii) to improve the operation of the Act; and -- 10 of 269 -- Part 1—Preliminary Transport Legislation Amendment Act 2019 No. 49 of 2019 3 Authorised by the Chief Parliamentary Counsel (d) to amend the Heavy Vehicle National Law Application Act 2013, the Road Management Act 2004 and the Road Safety Act 1986 to enable staff of the National Heavy Vehicle Regulator transferred to it from VicRoads to continue to act as authorised officers under those Acts; and (e) to amend the Commercial Passenger Vehicle Industry Act 2017 to provide for offences prohibiting— (i) persons from directly approaching other persons and offering them the provision of a commercial passenger vehicle service; and (ii) persons from advertising offers for the provision of commercial passenger services in certain specified cases. 2 Commencement (1) This Part and Division 3 of Part 2, section 66(2), Division 1 of Part 3, sections 117 to 119, 144, 148, 150 to 153, 155 and 195A and Part 8 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (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 subsection (2) does not come into operation before 30 June 2021, it comes into operation on that day. -- 11 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 4 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of Transport Integration Act 2010 Division 1—Head, Transport for Victoria—body corporate 3 Section 64A substituted and new sections 64AB to 64AF inserted For section 64A of the Transport Integration Act 2010 substitute— "64A Establishment (1) The Head, Transport for Victoria is established. (2) The Head, Transport for Victoria consists of one member appointed in accordance with section 64AE as entity Head of the Head, Transport for Victoria. (3) The Head, Transport for Victoria— (a) is a body corporate with perpetual succession; and (b) has an official seal; and (c) may sue and be sued; and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may by law do and suffer. 64AB Official seal (1) The official seal of the Head, Transport for Victoria— (a) must be kept in custody as directed by the Head, Transport for Victoria; and -- 12 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 5 Authorised by the Chief Parliamentary Counsel (b) must not be used except as authorised by the Head, Transport for Victoria. (2) All courts must take judicial notice of the seal of the Head, Transport for Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed. 64AC Head, Transport for Victoria represents the Crown In performing its functions and exercising its powers, the Head, Transport for Victoria represents the Crown. 64AD Role of entity Head The entity Head of the Head, Transport for Victoria is responsible for the management of the functions of the Head, Transport for Victoria consistent with the primary object of the Head, Transport for Victoria. 64AE Appointment of entity Head (1) The Secretary may appoint a person employed in the Department under Part 3 of the Public Administration Act 2004 as entity Head of the Head, Transport for Victoria. (2) Before any person is appointed as provided under subsection (1), the Minister must endorse that person's appointment. 64AF Appointment of acting entity Head (1) If the entity Head of the Head, Transport for Victoria is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of entity Head, the Secretary may appoint any of the following persons to act as entity Head— -- 13 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 6 Authorised by the Chief Parliamentary Counsel (a) a person employed in the Department under Part 3 of the Public Administration Act 2004; (b) an Administrative Office Head of an Administrative Office in relation to the Department; (c) the chief executive officer (however described) of a sector transport agency. (2) A person's appointment under subsection (1) need not be endorsed by the Minister before their appointment, if their appointment will be for a period not exceeding 4 weeks. (3) A person appointed under this section to act in the place of the entity Head of the Head, Transport for Victoria, while so acting— (a) has all the rights and powers, and must perform all the duties, of entity Head of the Head, Transport Victoria; and (b) is to be paid any remuneration and travelling or other allowances fixed by the Secretary from time to time. (4) In this section— Administrative Office and Administrative Office Head have the same meaning as in section 4(1) of the Public Administration Act 2004.". Division 2—Amendment of the objects, powers, functions and planning requirements of transport bodies 4 Objects of the Department In section 32(b) of the Transport Integration Act 2010, after "budgets of" insert "sector transport agencies,". -- 14 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 7 Authorised by the Chief Parliamentary Counsel 5 Functions of the Department (1) For section 33(1)(a) of the Transport Integration Act 2010 substitute— "(a) assist the Minister in relation to the performance of the Minister's functions and the exercise of the Minister's powers; and". (2) After section 33(2)(b) of the Transport Integration Act 2010 insert— "(ba) to assist the Head, Transport for Victoria in relation to the performance of its functions and exercise of its powers, if made available to the Head, Transport for Victoria by the Secretary under section 33A(1)(b); and". (3) In section 33(2)(c) of the Transport Integration Act 2010 omit "or regulations under this Act or other transport legislation". 6 Section 33A substituted For section 33A of the Transport Integration Act 2010 substitute— "33A Functions of the Secretary (1) The functions of the Secretary in relation to the transport system are to— (a) provide advice to the Minister regarding— (i) strategic and regulatory policy and legislation; and (ii) the administration of this Act and other transport legislation; and (b) make available staff in the Department and provide resources and other support as necessary to enable other transport bodies to perform the functions and exercise the powers conferred on them -- 15 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 8 Authorised by the Chief Parliamentary Counsel by or under this Act or any other Act; and (c) procure, develop, construct and commission transport infrastructure; and (d) procure and commission passenger services, rolling stock and transport assets; and (e) contract in relation to the things mentioned in paragraphs (c) and (d); and (f) lead the strategic planning of all forms of transport and the delivery of an integrated transport system; and (g) lead the development of strategic and regulatory policy relating to the integration and improvement of the transport system; and (h) undertake operational activities, including transport system operations, asset management and project management; and (i) provide registration, licensing and accreditation services for the transport system and related matters; and (j) carry out any enforcement functions conferred on the Secretary by or under this Act or any other Act; and (k) develop and implement policies to improve the safety of the road system for all road users; and (l) provide technical, project management, consultancy, data and information services relating to the transport system, including on a commercial -- 16 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 9 Authorised by the Chief Parliamentary Counsel basis consistent with government policy; and (m) protect future options for the improvement of the transport system, including by holding, retaining and reserving land for future transport corridors; and (n) seek to represent transport interests and wider State issues when liaising with other Victorian Departments and agencies and Departments and agencies of the Commonwealth, other States or Territories; and (o) direct and guide sector transport agencies in the performance of their functions and the exercise of their powers under this Act and other transport legislation; and (p) manage and administer matters, or develop initiatives, relating to— (i) the movement of freight within, or in and out of, Victoria; and (ii) the handling and storage of freight within Victoria; and (q) perform any other functions conferred or duties imposed on the Secretary by or under this Act or any other Act. (2) With the approval of the Minister, the Secretary may perform the functions specified in subsection (1)(i) or (l) for any purpose unrelated to the transport system.". -- 17 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 10 Authorised by the Chief Parliamentary Counsel 7 Powers of the Secretary (1) For section 34(1) of the Transport Integration Act 2010 substitute— "(1) The Secretary has power, on behalf of the Crown, to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the performance of the functions of the Secretary under this Act or any other Act.". (2) In section 34(2) of the Transport Integration Act 2010— (a) in paragraph (a), for "or dispose of" substitute ", dispose of or otherwise deal with"; (b) after paragraph (a) insert— "(ab) dispose of land, or an interest in land, to another transport body for nominal consideration; (ac) accept the transfer of land, or an interest in land, from another transport body for nominal consideration;". (3) After section 34(2A) of the Transport Integration Act 2010 insert— "(2B) Without limiting the generality of subsection (1), the Secretary has the following powers for the purposes of performing the functions specified in section 33A(1)(l) for any purpose unrelated to the transport system as approved under section 33A(2)— (a) to apply for, obtain and hold intellectual property rights (including patents, copyrights, trademarks and registered designs) on behalf of the Crown; -- 18 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 11 Authorised by the Chief Parliamentary Counsel (b) to enter into agreements or arrangements, on behalf of the Crown, for the commercial exploitation within or outside Victoria of those intellectual property rights and ancillary services on any terms or conditions as to royalties, lump sum payments or otherwise as the Secretary determines; (c) to enter into agreements or arrangements, on behalf of the Crown, within or outside Victoria for the provision by the Secretary of administration or management, or data and information, services or systems.". (4) For section 34(4) of the Transport Integration Act 2010 substitute— '(4) Any acquisition or disposition of or other dealing with land by the Secretary on behalf of the Crown must be made in the name of "Secretary (within the meaning of the Transport Integration Act 2010)". (4A) Without limiting the generality of subsections (1) and (4), the Secretary may, on behalf of the Crown, dispose of or otherwise deal with land held by the Secretary and that was acquired under this Act in the name of "Secretary (within the meaning of the Transport Integration Act 2010)" by any person who previously held, acted in or performed the duties of, the office of Secretary.'. 8 Compulsory acquisition of land In section 36(1) of the Transport Integration Act 2010, for "Department or the exercise of his or her powers" substitute "Secretary under this Act". -- 19 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 12 Authorised by the Chief Parliamentary Counsel 9 Section 38 heading substituted For the heading to section 38 of the Transport Integration Act 2010 substitute— "Secretary subject to general direction and control of the Minister". 10 New sections 38A and 38B inserted After section 38 of the Transport Integration Act 2010 insert— "38A Directions from the Secretary (1) The Secretary may give a written direction to a sector transport agency in respect of the performance by the sector transport agency of any of its functions. (2) A written direction under subsection (1) must not be inconsistent with— (a) any requirements under this Act or any transport legislation that apply to the sector transport agency in the performance of its functions or the exercise of its powers; or (b) any specific direction given by the Minister to the sector transport agency. (3) A sector transport agency must— (a) comply with a written direction given to it under subsection (1); and (b) provide a statement of its response to that direction to the Secretary, if required, within the period specified by the Secretary in the direction. (4) The Subordinate Legislation Act 1994 does not apply to a written direction given under this section. -- 20 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 13 Authorised by the Chief Parliamentary Counsel (5) The operation of this section is not limited by section 64T, 115MA or 163. 38B Conflicting directions (1) If there is any inconsistency between a written direction given to a sector transport agency by the Secretary and a written direction given by the Minister, the direction given by the Minister prevails to the extent of the inconsistency. (2) An act or decision or the performance of a function or exercise of any power by a sector transport agency is not invalid only because of any inconsistency between— (a) directions given to the sector transport agency; and (b) functions performed or powers exercised by the sector transport agency.". 11 New Division 3A of Part 3 inserted After Division 3 of Part 3 of the Transport Integration Act 2010 insert— "Division 3A—Public Transport Fund and Roads Fund 39A Public Transport Fund (1) There must be established in the Public Account as part of the Trust Fund an account to be known as the Public Transport Fund. (2) Subject to subsection (4) and section 39B(2), the Head, Transport for Victoria must pay into the Public Transport Fund all trading revenue, interest and other money received by or paid to the Head, Transport for Victoria. -- 21 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 14 Authorised by the Chief Parliamentary Counsel (3) Subject to subsection (4) and in addition to subsection (2), there must be paid into the Public Transport Fund— (a) all amounts received under agreements, leases or licences to which the Head, Transport for Victoria, or another person on behalf of the Head, Transport for Victoria, is a party relating to, or connected with, transport services; and (b) all amounts allocated to the Head, Transport for Victoria in accordance with any agreement referred to in section 64D(2)(e). (4) The Treasurer or Minister administering Part 7 of the Financial Management Act 1994 may specify a class or classes of money that would otherwise be payable into the Public Transport Fund under subsection (2) or (3) as money that must not be paid into that Fund. (5) There may be paid out of the Public Transport Fund— (a) amounts for, or in connection with, the performance of the functions of the Head, Transport for Victoria, including— (i) amounts to be paid under agreements, leases or licences to which the Head, Transport for Victoria, or another person on behalf of the Head, Transport for Victoria, is a party relating to, or connected with, transport services; and -- 22 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 15 Authorised by the Chief Parliamentary Counsel (ii) refunds of money under agreements relating to the provision of passenger services; or (b) amounts for other purposes as approved by the Treasurer or Minister administering Part 7 of the Financial Management Act 1994; or (c) amounts required to be paid out by or under this Act or any other Act. 39B Roads Fund (1) There must be established in the Public Account as part of the Trust Fund an account to be known as the Roads Fund. (2) Subject to subsection (3), the Secretary, or the Head, Transport for Victoria, must pay into the Roads Fund all trading revenue, interest and other money received by or paid to the Secretary, or the Head, Transport for Victoria, that is required to be paid into the Roads Fund by or under any Act. Note See also section 97 of the Road Safety Act 1986. (3) The Treasurer or Minister administering Part 7 of the Financial Management Act 1994 may specify a class or classes of money that would otherwise be payable into the Roads Fund under subsection (2) as money that must not be paid into that Fund. (4) There may be paid out of the Roads Fund— (a) amounts for, or in connection with, the performance of the functions of the Secretary, or the functions of the Head, Transport for Victoria, relating to the road system, including amounts to be paid under agreements, leases or -- 23 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 16 Authorised by the Chief Parliamentary Counsel licences to which the Secretary or Head, Transport for Victoria, or another person on behalf of the Secretary or Head, Transport for Victoria, is a party relating to, or connected with, transport services; or (b) amounts for other purposes as approved by the Treasurer or Minister administering Part 7 of the Financial Management Act 1994; or (c) amounts required to be paid out by or under this Act or any other Act. 39C Closure of funds (1) Section 19(4) of the Financial Management Act 1994 does not apply to the Public Transport Fund or Roads Fund. (2) The Minister administering section 19 of the Financial Management Act 1994 may, with the approval of the Minister administering section 39A or 39B, direct that a trust account established under section 39A or 39B be closed and, after all liabilities of the trust account have been met, the trust account must be closed accordingly. (3) Section 19(5) of the Financial Management Act 1994 applies for the purposes of this section as if a reference to a trust account closed under that section were a reference to a trust account closed under this section.". 12 Transport plan (1) For section 63(1) of the Transport Integration Act 2010 substitute— "(1) The Secretary must prepare and periodically revise the transport plan.". -- 24 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 17 Authorised by the Chief Parliamentary Counsel (2) Section 63(3) of the Transport Integration Act 2010 is repealed. 13 Corporate plans In section 64 of the Transport Integration Act 2010— (a) in subsection (1)(a) omit "for the outlook period"; (b) in subsection (2)(d), for "lead transport agency's" substitute "Department's"; (c) in subsection (3)— (i) in paragraph (a) omit "for the outlook period"; (ii) in paragraph (b), for "lead transport agency for approval" substitute "Department"; (d) after subsection (4)(b) insert— "(ba) complies with the guidelines issued by the Secretary (if any);"; (e) in subsection (4)(c), for "lead transport agency's" substitute "Department's"; (f) in subsection (6), for "lead transport agency" substitute "Department"; (g) in subsections (7)(a) and (10)(a) omit "for the outlook period"; (h) in subsection (15)— (i) in the definition of corporate plan, in paragraph (c), for "projects;" substitute "projects."; (ii) the definition of outlook period is repealed. -- 25 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 18 Authorised by the Chief Parliamentary Counsel 14 Heading to Part 4A substituted and Division 1 heading repealed (1) For the heading to Part 4A of the Transport Integration Act 2010 substitute— "Part 4A—Head, Transport for Victoria". (2) The heading to Division 1 of Part 4A of the Transport Integration Act 2010 is repealed. 15 Sections 64B and 64C substituted For sections 64B and 64C of the Transport Integration Act 2010 substitute— "64B Object of the Head, Transport for Victoria The primary object of the Head, Transport for Victoria is to coordinate, provide, operate and maintain the public transport system and the road system consistent with the vision statement and the transport system objectives and includes the following— (a) to ensure, in collaboration with other transport bodies and public entities, that the public transport system and the road system operate as part of an integrated transport system which seeks to meet the needs of all transport system users; (b) to manage the public transport system and the road system in a manner which supports a sustainable Victoria— (i) by seeking to increase the share of public transport, walking and cycling trips as a proportion of all transport trips in Victoria; and -- 26 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 19 Authorised by the Chief Parliamentary Counsel (ii) by actively promoting public transport to Victorian families and other members of the community as an alternative to travelling by motor car; and (iii) while seeking to give effect to subparagraphs (i) and (ii), by also seeking to improve the environmental performance and to minimise the adverse environmental impacts of the public transport system and the road system; (c) to contribute to social wellbeing by providing access to opportunities and supporting liveable communities; (d) to promote economic prosperity by facilitating efficient and reliable movement of public transport users, road users and goods while also supporting rail freight services; (e) to improve the safety of the public transport system and the road system for the users of those systems. 64C Functions of the Head, Transport for Victoria (1) The functions of the Head, Transport for Victoria are to— (a) improve the public transport system in Victoria by— (i) providing and disseminating, or arranging for the provision and dissemination of, including by maintaining a public transport website on the Internet, information on public transport -- 27 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 20 Authorised by the Chief Parliamentary Counsel matters, including services, fares and timetables; and (ii) providing consistent information and signage on public transport infrastructure; and (iii) managing relationships with, and between, stakeholders in the public transport system; and (b) in relation to transport infrastructure— (i) construct, maintain or vary public transport infrastructure, including rail infrastructure; and (ii) construct, maintain, vary or manage roads, road-related infrastructure, roadsides and other related transport assets; and (iii) manage operational public transport infrastructure (including rail infrastructure) and other transport assets, including by setting standards for the maintenance and condition of that infrastructure and those assets; and (c) manage leases of rail infrastructure used for the provision of freight and related services; and (d) manage the coordination of trams, trains and buses, including by providing operational advice and assurance to the Secretary regarding the implementation of timetabling and connectivity of passenger services; and -- 28 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 21 Authorised by the Chief Parliamentary Counsel (e) provide and disseminate information to Victorians about the road system and related matters, including on a commercial basis consistent with government policy; and (f) develop and implement operational policies, strategies and plans to improve— (i) the safety of passenger services; and (ii) the security of the public transport system; and (iii) the safety of the road system, including through works to improve the safety of road and road-related infrastructure; and (g) develop and implement, and support the development and implementation of, operational policies, strategies and plans, including through standards, guidelines and practices, for the public transport system, the road system and related matters under the Secretary's planning framework; and (h) support the Secretary to plan for the public transport system and road system as part of an integrated transport system under the Secretary's planning framework; and (i) provide advice to the Secretary to assist in the development of strategic and regulatory policy, and legislation, relating to the public transport system and road system and related matters; and -- 29 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 22 Authorised by the Chief Parliamentary Counsel (j) provide and operate, or facilitate the provision and operation of, public transport, including by— (i) entering into and managing contracts for the provision of passenger services and other ancillary or incidental transport services; and (ii) providing passenger services and other ancillary or incidental transport services; and (iii) putting into service and maintaining rolling stock, buses or other vehicles for passenger services or other ancillary or incidental transport services; and (iv) supporting the Secretary in procuring passenger services, rolling stock and transport assets, including other ancillary or incidental transport services and assets, as directed by the Secretary; and (v) with the approval of the Secretary, procuring passenger services, rolling stock and transport assets; and (k) provide and operate, or facilitate the provision and operation of, ticketing systems used for the public transport system and manage ongoing improvements in ticketing systems for the public transport system; and -- 30 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 23 Authorised by the Chief Parliamentary Counsel (l) operate the road system by managing access and controlling use, including by— (i) installing, operating and maintaining road and road-related infrastructure such as signals, signage, line markings, intelligent transport systems and other road management systems; and (ii) implementing road space allocation measures to give priority to particular modes of transport at certain times on specified roads or parts of roads; and (iii) managing road works and incidents and events on roads in a manner which minimises disruption to the road system; and (m) facilitate the establishment, management and operation of an integrated transport service centre as directed by the Secretary; and (n) monitor and report to the Minister and the Secretary on whether the provision of passenger services meets contractual obligations and Government and community expectations, including through conducting surveys in relation to customer satisfaction; and (o) protect, and support the Secretary to protect, future options for the improvement of the transport system, including by holding, retaining and reserving land for future transport corridors; and -- 31 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 24 Authorised by the Chief Parliamentary Counsel (p) support the development of, and develop and implement, effective environmental policies, strategies and management systems under the Secretary's planning framework to support a sustainable transport system, including minimising any adverse environmental impacts from the public transport system and road system; and (q) support the planning, development and maintenance of cycling and walking paths and related infrastructure; and (r) provide technical, project management, consultancy, data and information services relating to the transport system, including on a commercial basis consistent with government policy; and (s) carry out enforcement functions conferred on the Head, Transport for Victoria; and (t) if authorised by the Secretary to do so, carry out any of the Secretary's enforcement functions conferred by or under any Act that are specified in the authorisation, including by implementing an appropriate enforcement strategy as required by the Secretary; and (u) perform any other functions or duties conferred on the Head, Transport for Victoria by or under this Act or any other Act. -- 32 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 25 Authorised by the Chief Parliamentary Counsel (2) In performing the functions conferred on the Head, Transport for Victoria, the Head, Transport for Victoria must— (a) where relevant, engage with stakeholders so as to ensure better outcomes for all Victorians; and (b) efficiently deal with any complaints relating to the performance of— (i) the public transport system; and (ii) the functions of the Head, Transport for Victoria; and (iii) a public transport operator; and (c) perform the functions consistently with Government policies and strategies for rail freight in Victoria; and (d) balance the rail usage needs of public transport and freight. (3) After consultation with the Secretary and with the approval of the Minister, the Head, Transport for Victoria may perform the function specified in subsection (1)(r) for any purpose unrelated to the transport system including law enforcement. (4) The Head, Transport for Victoria must report to the Secretary in the manner and form determined by the Secretary on all matters relating to the performance of functions and the exercise of powers by the Head, Transport for Victoria by or under this Act and any other Act. -- 33 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 26 Authorised by the Chief Parliamentary Counsel (5) The Head, Transport for Victoria must have regard to the central role of the Secretary and the Department in respect of the transport system and related matters when performing the functions, and exercising the powers, of the Head, Transport for Victoria. (6) The functions of the Head, Transport for Victoria do not include the development of legislation, strategic and regulatory policy and related matters. (7) However, the Head, Transport for Victoria may advise or comment on the development of legislation, strategic and regulatory policy and related matters. (8) The Head, Transport for Victoria may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.". 16 Powers of the Head, Transport for Victoria (1) In the heading to section 64D of the Transport Integration Act 2010, for "lead transport agency" substitute "Head, Transport for Victoria". (2) For section 64D(1) of the Transport Integration Act 2010 substitute— "(1) The Head, Transport for Victoria has power to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the achievement of its object and the performance of its functions.". (3) In section 64D(2) of the Transport Integration Act 2010— (a) for "lead transport agency may on behalf of the Crown" substitute "Head, Transport for Victoria may"; -- 34 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 27 Authorised by the Chief Parliamentary Counsel (b) in paragraph (a), for "lead transport agency" substitute "Head, Transport for Victoria"; (c) paragraphs (b) and (c) are repealed; (d) in paragraph (f), for "nature;" substitute "nature."; (e) paragraph (g) is repealed. (4) In section 64D(3) of the Transport Integration Act 2010— (a) for "lead transport agency may on behalf of the Crown" substitute "Head, Transport for Victoria may"; (b) before paragraph (a) insert— "(aaa) enter into any agreement or contract; (aab) enter into any lease or licence;"; (c) in paragraph (f), for "lead transport agency" substitute "Head, Transport for Victoria"; (d) after paragraph (f) insert— "(fa) make any land or other property vested in or managed by the Head, Transport for Victoria available for use or engagement by any other person; (fb) dispose of land, or an interest in land, to another transport body for nominal consideration; (fc) accept the transfer of land, or an interest in land, from another transport body for nominal consideration;"; (e) in paragraph (j) omit "Crown". -- 35 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 28 Authorised by the Chief Parliamentary Counsel (5) After section 64D(3) of the Transport Integration Act 2010 insert— "(3A) Without limiting the generality of subsection (1), the Head, Transport for Victoria has the following powers for the purposes of performing the functions specified in section 64C(1)(r) for any purpose unrelated to the transport system as approved under section 64C(3)— (a) to apply for, obtain and hold intellectual property rights (including patents, copyrights, trademarks and registered designs); (b) to enter into agreements or arrangements for the commercial exploitation within or outside Victoria of those intellectual property rights and ancillary services on any terms or conditions as to royalties, lump sum payments or otherwise as the Head, Transport for Victoria determines; (c) to enter into agreements or arrangements within or outside Victoria for the provision by the Head, Transport for Victoria of administration or management, or data and information, services or systems.". (6) In section 64D(4) and (5) of the Transport Integration Act 2010, for "lead transport agency" substitute "Head, Transport for Victoria". 17 Sections 64E and 64F repealed Sections 64E and 64F of the Transport Integration Act 2010 are repealed. -- 36 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 29 Authorised by the Chief Parliamentary Counsel 18 Compulsory acquisition of land (1) For section 64G(1) of the Transport Integration Act 2010 substitute— "(1) Subject to the approval of the Minister, the Head, Transport for Victoria may compulsorily acquire any land which is or may be required by it for or in connection with the performance of its functions or the exercise of its powers.". (2) In section 64G(2)(b) of the Transport Integration Act 2010, for "lead transport agency" substitute "Head, Transport for Victoria". (3) In section 64G(3) of the Transport Integration Act 2010— (a) for "lead transport agency" (where first occurring) substitute "Head, Transport for Victoria"; (b) for "lead transport agency may on behalf of the Crown" substitute "Head, Transport for Victoria may"; (c) for "lead transport agency on behalf of the Crown" (wherever occurring) substitute "Head, Transport for Victoria". (4) In section 64G(4) of the Transport Integration Act 2010— (a) for "lead transport agency" (where first occurring) substitute "Head, Transport for Victoria"; (b) in paragraph (a), for "lead transport agency may on behalf of the Crown" substitute "Head, Transport for Victoria may"; -- 37 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 30 Authorised by the Chief Parliamentary Counsel (c) for "lead transport agency on behalf of the Crown" (wherever occurring) substitute "Head, Transport for Victoria". 19 Grant of unalienated Crown land (1) In section 64J(1) of the Transport Integration Act 2010, for "vested in the lead transport agency on behalf of the Crown" substitute "used or managed by the Head, Transport for Victoria". (2) In section 64J(2) of the Transport Integration Act 2010, for "lead transport agency on behalf of the Crown" substitute "Head, Transport for Victoria". 20 New sections 64JA to 64JD inserted After section 64J of the Transport Integration Act 2010 insert— "64JA Obligations of Head, Transport for Victoria in relation to Yarra River land (1) The Head, Transport for Victoria— (a) must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Head, Transport for Victoria when performing a function or duty or exercising a power under this Act or any other Act in relation to Yarra River land; and (b) must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Head, Transport for Victoria, when performing a function or duty or exercising a power under this Act or any other Act in relation to the Yarra Strategic Plan area that may affect Yarra River land. -- 38 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 31 Authorised by the Chief Parliamentary Counsel (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Head, Transport for Victoria in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009. 64JB Obligations of Head, Transport for Victoria in relation to declared areas (1) The Head, Transport for Victoria, when performing a function or duty or exercising a power under this Act in relation to a declared area— (a) must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Head, Transport for Victoria; and (b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Head, Transport for Victoria; and (c) must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987. (2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Head, Transport for Victoria in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009. 64JC Disposal of assets in exchange for lease The Head, Transport for Victoria may, after consultation with the Secretary and with the approval of the Minister administering Part 7 of the Financial Management Act 1994 and the Minister, dispose of any real or personal property under an arrangement by which the -- 39 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 32 Authorised by the Chief Parliamentary Counsel Head, Transport for Victoria is to take a lease of the property disposed of or of any other real or personal property. 64JD Surplus land (1) The Head, Transport for Victoria may, after consultation with the Secretary and with the approval of the Minister, do any one or more of the following— (a) sell any surplus land; (b) grant leases of any surplus land, or in the case of the Secretary, Victorian Rail Track or V/Line Corporation, grant a lease of any land for nominal consideration, and may do so notwithstanding that the land is— (i) land which was granted to the Head, Transport for Victoria or to any other person subject to a trust or condition requiring it to be used for some particular purpose; or (ii) land temporarily or permanently reserved for any purpose under the Crown Land (Reserves) Act 1978 or any previous Act relating to Crown land; (c) develop any surplus land and for this purpose may do any one or more of the following— (i) subdivide and re-subdivide the land; (ii) consolidate the title to the land; -- 40 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 33 Authorised by the Chief Parliamentary Counsel (iii) grant or create in favour of any person any easement over the land upon the terms and conditions that the Head, Transport for Victoria considers appropriate; (iv) effect or arrange with other persons for the development of the land upon the terms and conditions that the Head, Transport for Victoria considers appropriate; (v) maintain, operate and manage, or arrange with other persons to maintain, operate and manage, the land and any buildings, works, structures and other property on the land; (vi) promote a Property Trust and— (A) with the consent of the Minister administering Part 7 of the Financial Management Act 1994, subscribe for or otherwise acquire and dispose of any unit or units in the Trust; or (B) enter into arrangements with the Trust for the management by the Head, Transport for Victoria of the Trust; or (C) enter into contracts with the Trust as the Head, Transport for Victoria considers are necessary to guarantee to unit holders in the Trust an agreed return; or -- 41 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 34 Authorised by the Chief Parliamentary Counsel (D) make loans to the Trust on the terms the Head, Transport for Victoria considers appropriate. (2) Any Property Trust promoted under this section must provide that the trustees are to be appointed by the Minister. (3) In this section— develop means improve land for any commercial or civic or other public or private purpose, including by the construction, demolition or substantial alteration of any structure in or upon the land or the excavation of the land; surplus land means land which— (a) is vested in the Head, Transport for Victoria; and (b) is no longer required for transport purposes.". 21 Power of Treasurer to execute guarantee (1) For section 64P(1) of the Transport Integration Act 2010 substitute— "(1) The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance of any obligations of the Head, Transport for Victoria under a contract— (a) to be entered into by the Head, Transport for Victoria with that person under this Act; or (b) with the person to which the Head, Transport for Victoria is substituted as a party under Division 4 of Part 12; or -- 42 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 35 Authorised by the Chief Parliamentary Counsel (c) to which the person is a party which was assigned or novated to the Head, Transport for Victoria by the Public Transport Development Authority or the Roads Corporation.". (2) In section 64P(2) and (3) of the Transport Integration Act 2010, for "lead transport agency on behalf of the Crown" (where twice occurring) substitute "Head, Transport for Victoria". (3) In section 64P(5) and (6) of the Transport Integration Act 2010, for "lead transport agency on behalf of the Crown" substitute "Head, Transport for Victoria". 22 New sections 64PA and 64PB inserted After section 64P of the Transport Integration Act 2010 insert— "64PA Performance reports (1) The requirements in this section are in addition to any other requirements under this Act or the Financial Management Act 1994. (2) The Head, Transport for Victoria must provide a performance report to the Secretary on the performance of the public transport system. (3) The performance report under subsection (2) must be laid before each House of the Parliament together with the report of operations prepared under Part 7 of the Financial Management Act 1994 in respect of that year. -- 43 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 36 Authorised by the Chief Parliamentary Counsel 64PB Financial reports (1) The requirements in this section are in addition to any other requirements under this Act or the Financial Management Act 1994. (2) The Head, Transport for Victoria must provide a monthly financial report to the Department to support the financial reporting obligations imposed on the Secretary. (3) A monthly financial report— (a) must contain the matters required by the Secretary; and (b) may contain any other information that the Head, Transport for Victoria considers appropriate. (4) The Secretary may, if the Secretary considers it reasonable to do so, request the Head, Transport for Victoria to provide a financial report to the Department containing the matters required by the Secretary at any other time during the year.". 23 New section 64SA inserted After section 64S of the Transport Integration Act 2010 insert— "64SA Reports to Minister and Secretary (1) The Minister may, in writing, require the Head, Transport for Victoria to give the Minister any information that the Minister reasonably requires. (2) The Secretary may, in writing, require the Head, Transport for Victoria to give the Secretary any information that the Secretary reasonably requires.". -- 44 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 37 Authorised by the Chief Parliamentary Counsel 24 Directions from Minister and Secretary (1) In section 64T(1) of the Transport Integration Act 2010, for "lead transport agency" substitute "Head, Transport for Victoria". (2) After section 64T(2) of the Transport Integration Act 2010 insert— "(3) The Head, Transport for Victoria cannot be given any direction by the Minister or Secretary as to the quantum of any amount payable under section 68 of the Rail Management Act 1996 for breach of a civil penalty provision within the meaning of that section.". 25 Section 64U repealed Section 64U of the Transport Integration Act 2010 is repealed. 26 Delegations giving rise to conflict and effect (1) For the heading to section 64V of the Transport Integration Act 2010 substitute— "Delegations giving rise to conflict and effect". (2) Section 64V(1) and (2) of the Transport Integration Act 2010 are repealed. (3) In section 64V(3) and (4) of the Transport Integration Act 2010, for "lead transport agency" substitute "Head, Transport for Victoria". 27 Corporate plan—Commercial Passenger Vehicle Commission (1) In section 115SC(2) of the Transport Integration Act 2010, for "lead transport agency" substitute "Secretary". -- 45 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 38 Authorised by the Chief Parliamentary Counsel (2) For section 115SC(3) and (4) of the Transport Integration Act 2010 substitute— "(3) The proposed corporate plan must be in a form approved by the Secretary. (3A) The Secretary must give any comments on the proposed corporate plan within 6 weeks after the proposed corporate plan was given to the Secretary. (4) The Commercial Passenger Vehicle Commission must consider any comments on the proposed corporate plan made by the Secretary within 6 weeks after the comments were given by the Secretary.". (3) In section 115SC(5)(a), (b) and (c), (6) and (7) of the Transport Integration Act 2010, for "lead transport agency" substitute "Secretary". (4) In section 115SC(8) of the Transport Integration Act 2010, for "lead transport agency" (where twice occurring) substitute "Secretary". (5) In section 115SC(9) of the Transport Integration Act 2010— (a) for "lead transport agency" substitute "Secretary"; (b) omit "a statement of corporate intent,". (6) In section 115SC(10) of the Transport Integration Act 2010, for "lead transport agency" substitute "Secretary". (7) In section 115SC(12) of the Transport Integration Act 2010 omit "the statement of corporate intent,". 28 Section 115SD repealed Section 115SD of the Transport Integration Act 2010 is repealed. -- 46 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 39 Authorised by the Chief Parliamentary Counsel 29 Functions of Victorian Rail Track In section 120(1) of the Transport Integration Act 2010— (a) in paragraph (a), for "Public Transport Development Authority" substitute "Head, Transport for Victoria"; (b) in paragraph (f) omit "and that support is provided to tourist and heritage operators"; (c) after paragraph (f) insert— "(fa) to provide support to tourist and heritage railway operators within the meaning of the Tourist and Heritage Railways Act 2010;"; (d) in paragraph (l) omit "or regulations under this Act or any other Act". 30 Annual report—Transport Corporation In section 164(1) of the Transport Integration Act 2010— (a) in paragraph (a), for "direction; and" substitute "direction."; (b) paragraph (b) is repealed. 31 Corporate plan—Transport Corporation (1) For section 165(3) and (4) of the Transport Integration Act 2010 substitute— "(3) The proposed corporate plan must be in a form approved by the Minister. (3A) The Minister must give any comments on the proposed corporate plan within 6 weeks after the proposed corporate plan was given to the Minister. -- 47 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 40 Authorised by the Chief Parliamentary Counsel (4) The board of directors of a Transport Corporation must consider any comments on the proposed corporate plan made by the Minister within 6 weeks after the comments were given by the Minister.". (2) In section 165(9) of the Transport Integration Act 2010 omit "a statement of corporate intent,". (3) In section 165(12) of the Transport Integration Act 2010 omit "the statement of corporate intent,". (4) In section 165(13) of the Transport Integration Act 2010— (a) in paragraph (a), for "(3)(a)" substitute "(3), (3A)"; (b) paragraph (b) is repealed. (5) In section 165(14) of the Transport Integration Act 2010, for "lead transport agency" substitute "Secretary". 32 Section 166 repealed Section 166 of the Transport Integration Act 2010 is repealed. Division 3—Amendment of Transport Restructuring Order and Transfer Order provisions 33 New Part heading inserted and Division heading amended (1) Before the heading to Division 2 of Part 4A of the Transport Integration Act 2010 insert— "Part 4B—Transport Restructuring Orders and Transfer Orders". -- 48 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 41 Authorised by the Chief Parliamentary Counsel (2) In the heading to Division 2 of Part 4A of the Transport Integration Act 2010, for "2" substitute "1". 34 New section 65AA inserted After section 65 of the Transport Integration Act 2010 insert— "65AA Effect of Transport Restructuring Order A Transport Restructuring Order has force and effect despite anything to the contrary in any other Act.". 35 Transport Restructuring Orders—general provisions In section 65A of the Transport Integration Act 2010— (a) in subsection (1)(d)— (i) after "transitional" insert "or savings"; (ii) for "lead transport agency" substitute "Secretary"; (b) after subsection (3)(a) insert— "(ab) must be published in the Government Gazette;"; (c) for subsection (4)(f) substitute— "(f) contain provisions of a savings, transitional or consequential nature on the making of the Order in Council, including providing for the construction of references in any Act or subordinate legislation or in any other document of any kind;"; -- 49 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 42 Authorised by the Chief Parliamentary Counsel (d) in subsection (4)(g), for "this Act" (where twice occurring) substitute "any transport legislation". 36 Transport Restructuring Order may confer additional duty, function or power on the Secretary (1) In the heading to section 65C of the Transport Integration Act 2010, for "lead transport agency" substitute "Secretary". (2) In section 65C of the Transport Integration Act 2010— (a) in subsection (1), for "this Act on the lead transport agency" substitute "any transport legislation on the Secretary"; (b) in subsections (2)(a) and (b) and (3), for "lead transport agency" substitute "Secretary"; (c) in subsection (4), for "lead transport agency by this Act" substitute "Secretary by any transport legislation". 37 Transport Restructuring Order may confer additional duty, function or power on a sector transport agency In section 65D of the Transport Integration Act 2010— (a) in subsection (1)— (i) for "lead transport agency" substitute "Secretary"; (ii) for "this Act" substitute "any transport legislation"; -- 50 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 43 Authorised by the Chief Parliamentary Counsel (b) in subsection (3), for "this Act" substitute "any transport legislation". 38 Transport Restructuring Order may constitute a new sector transport agency In section 65E(2) of the Transport Integration Act 2010— (a) in paragraph (a), for "lead transport agency" substitute "Secretary"; (b) in paragraphs (a) and (b), for "this Act" substitute "any transport legislation". 39 Effect of conferral of duties, functions or powers (1) In section 65F(1) and (2) of the Transport Integration Act 2010— (a) for "lead transport agency" (where twice occurring) substitute "Secretary"; (b) for "conferred by this Act" substitute "previously conferred". (2) In section 65F(3) of the Transport Integration Act 2010, for "this Act" substitute "any transport legislation". (3) For section 65F(5) of the Transport Integration Act 2010 substitute— "(5) If as a result of a Transport Restructuring Order a duty, function or power may be performed or exercised concurrently by— (a) the Secretary and a sector transport agency; or (b) 2 sector transport agencies— the Minister may direct that in a particular case the function or power is to be performed or exercised only by the Secretary or the sector transport agency as specified in the direction. -- 51 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 44 Authorised by the Chief Parliamentary Counsel (5A) If as a result of a Transport Restructuring Order a duty, function or power may be performed or exercised concurrently by 2 sector transport agencies, the Secretary may direct that in a particular case the function or power is to be performed or exercised only by one of the sector transport agencies as specified in the direction.". (4) In section 65F(6) of the Transport Integration Act 2010, after "subsection (5)" insert "or (5A)". 40 Division heading amended In the heading to Division 3 of Part 4A of the Transport Integration Act 2010, for "3" substitute "2". 41 Application of Division—Transfer Orders After section 66(b) of the Transport Integration Act 2010 insert— "(ba) necessary to enable the transfer of any property, rights and liabilities on the amendment of any transport legislation; or". 42 Transfer Orders In section 66B(1) of the Transport Integration Act 2010— (a) in paragraph (a), after "as specified" insert ", or described by reference to a class,"; (b) in paragraphs (b), (c) and (d), after "liabilities specified" insert ", or described by reference to a class,". 43 Certificate of chief executive officer of transferor transport body (1) In the heading to section 66M of the Transport Integration Act 2010, after "officer" insert "of transferor transport body". -- 52 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 45 Authorised by the Chief Parliamentary Counsel (2) For section 66M(4) of the Transport Integration Act 2010 substitute— "(4) If the transferor transport body is the Secretary on behalf of the Crown, a reference in this section to the chief executive officer of the transferor transport body is to be construed as a reference to the Secretary. (5) If the transferor transport body is the Head, Transport for Victoria, a reference in this section— (a) to a certificate signed by the chief executive officer of a transferor transport body is to be construed as a certificate to which the official seal of the Head, Transport for Victoria has been affixed; and (b) subject to paragraph (a), a reference to the chief executive officer of the transferor transport body is to be construed as a reference to the Head, Transport for Victoria.". 44 New section 66MA inserted After section 66M of the Transport Integration Act 2010 insert— "66MA Certificate of chief executive of recipient transport body (1) This section applies if— (a) a certificate has not been signed under section 66M that specifies a property, right or liability transferred under a Transfer Order; and -- 53 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 46 Authorised by the Chief Parliamentary Counsel (b) the transport body that transferred the property, right or liability under the Transfer Order has been abolished. (2) A certificate signed by the chief executive officer of a recipient transport body certifying that property or rights specified in the certificate have vested in, or liabilities specified in the certificate have become the liabilities of, the recipient transport body is, unless revoked under subsection (3), admissible as evidence and, in the absence of evidence to the contrary is proof— (a) that the property, rights or liabilities so specified are the property, rights and liabilities to which the Transfer Order applied; and (b) that the Transfer Order is a Transfer Order for the purposes of this Division. (3) If the Minister so directs the chief executive officer of the recipient transport body in writing, the chief executive officer must revoke a certificate given under subsection (2) by issuing another certificate in place of the first certificate. (4) The chief executive officer of the recipient transport body— (a) must keep a register of certificates issued under this section; and (b) must make the register reasonably available for inspection by any interested person. (5) If the recipient transport body is the Secretary on behalf of the Crown, a reference in this section to the chief executive officer of the recipient transport -- 54 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 47 Authorised by the Chief Parliamentary Counsel body is to be construed as a reference to the Secretary. (6) If the recipient transport body is the Head, Transport for Victoria, a reference in this section— (a) to a certificate signed by the chief executive officer of a recipient transport body is to be construed as a certificate to which the official seal of the Head, Transport for Victoria has been affixed; and (b) subject to paragraph (a), a reference to the chief executive officer of the recipient transport body is to be construed as a reference to the Head, Transport for Victoria. (7) In this section— recipient transport body means the transport body to which a property, liability, right or transport project was transferred.". 45 Transfer of employees In section 66N of the Transport Integration Act 2010— (a) in subsection (2)— (i) for "the transferee transport body" (where first occurring) substitute "any other transport body"; (ii) for "the transferee transport body" (where secondly occurring) substitute "another transport body"; (b) in subsections (3)(a), (6) and (8)(b), for "transferee transport body" substitute "other transport body". -- 55 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 48 Authorised by the Chief Parliamentary Counsel Division 4—Roads Corporation interim period 46 Definitions In section 3 of the Transport Integration Act 2010, in the definition of transport system agency, paragraph (b) is repealed. 47 Heading to Part 5 substituted For the heading to Part 5 of the Transport Integration Act 2010 substitute— "Part 5—Roads Corporation and Commercial Passenger Vehicle Commission". 48 Chief Executive of the Roads Corporation Section 84(2) of the Transport Integration Act 2010 is repealed. 49 Section 86 repealed Section 86 of the Transport Integration Act 2010 is repealed. 50 Section 87 substituted For section 87 of the Transport Integration Act 2010 substitute— "87 Functions of the Roads Corporation The functions of the Roads Corporation are— (a) to assist the Secretary— (i) to provide registration, licensing and accreditation services for the transport system and related matters; and -- 56 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 49 Authorised by the Chief Parliamentary Counsel (ii) to carry out any enforcement functions conferred on the Secretary by or under this Act or any other Act; and (b) make available staff of the Roads Corporation and provide resources and other support as necessary to assist the Secretary to perform the functions and exercise the powers conferred on the Secretary by or under this Act or any other Act.". 51 Powers of the Roads Corporation (1) In section 88(1) of the Transport Integration Act 2010 omit "the achievement of the object of the Roads Corporation and". (2) For section 88(3) of the Transport Integration Act 2010 substitute— "(3) Without limiting the generality of subsection (1), the Roads Corporation may exercise the powers conferred on the Roads Corporation by or under this Act or any other Act.". 52 Sections 89, 89A and 89B repealed Sections 89, 89A and 89B of the Transport Integration Act 2010 are repealed. 53 Roads Corporation may employ persons In section 90(1) of the Transport Integration Act 2010 omit "object,". 54 Sections 91 to 97 and 99 to 114 repealed Sections 91 to 97 and 99 to 114 of the Transport Integration Act 2010 are repealed. -- 57 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 50 Authorised by the Chief Parliamentary Counsel 55 Delegation by Roads Corporation In section 115(1) of the Transport Integration Act 2010, for "under any Act or regulations" substitute "conferred or imposed by or under any Act". Division 5—Abolition of certain transport bodies Subdivision 1—Abolition of the Transport Infrastructure Development Agent 56 References to Transport Infrastructure Development Agent and related amendments (1) In section 3 of the Transport Integration Act 2010— (a) in the definition of transport body, paragraph (f) is repealed; (b) the definitions of Transport Infrastructure Development Agent and Transport Infrastructure Project are repealed. (2) In section 66A of the Transport Integration Act 2010, in the definition of transport project omit "including any Road Transport-Related Project or Transport Infrastructure Project". 57 Division 4 of Part 3 repealed Division 4 of Part 3 of the Transport Integration Act 2010 is repealed. -- 58 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 51 Authorised by the Chief Parliamentary Counsel Subdivision 2—Abolition of the Public Transport Development Authority 58 References to Public Transport Development Authority (1) In section 3 of the Transport Integration Act 2010— (a) the definition of Public Transport Development Authority is repealed; (b) in the definition of sector transport agency, paragraph (a) is repealed; (c) in the definition of transport body, paragraph (ia) is repealed; (d) in the definition of transport-related land, infrastructure and assets, in paragraphs (a) and (b) omit ", the Public Transport Development Authority"; (e) in the definition of transport system agency, paragraph (ab) is repealed. (2) Section 27A(1A) of the Transport Integration Act 2010 is repealed. 59 Division 1A of Part 5 repealed Division 1A of Part 5 of the Transport Integration Act 2010 is repealed. Subdivision 3—Abolition of the Roads Corporation 60 References to Roads Corporation and related amendments (1) In section 3 of the Transport Integration Act 2010— (a) the definition of Roads Corporation is repealed; (b) in the definition of sector transport agency, paragraph (b) is repealed; -- 59 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 52 Authorised by the Chief Parliamentary Counsel (c) in the definition of transport body, paragraph (j) is repealed. (2) For the heading to Part 5 of the Transport Integration Act 2010 substitute— "Part 5—Commercial Passenger Vehicle Commission". (3) The heading to Division 3 of Part 5 of the Transport Integration Act 2010 is repealed. 61 Division 2 of Part 5 repealed Division 2 of Part 5 of the Transport Integration Act 2010 is repealed. Subdivision 4—Abolition of the Linking Melbourne Authority 62 References to Linking Melbourne Authority In section 3 of the Transport Integration Act 2010— (a) the definitions of Linking Melbourne Authority and Road Transport-Related Project are repealed; (b) in the definition of sector transport agency, paragraph (e) is repealed; (c) in the definition of transport body, paragraph (l) is repealed; (d) in the definition of Transport Corporation, paragraph (a) is repealed. 63 Division 3 of Part 6 repealed Division 3 of Part 6 of the Transport Integration Act 2010 is repealed. -- 60 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 53 Authorised by the Chief Parliamentary Counsel Division 6—Savings and transitionals 64 New Part 12 inserted After Part 11 of the Transport Integration Act 2010 insert— "Part 12—Transport Legislation Amendment Act 2019 Division 1—Preliminary 294 Definitions In this Part— amending Act means the Transport Legislation Amendment Act 2019; first commencement day means the day on which section 3 of the amending Act comes into operation; former Head, Transport for Victoria means the person appointed under section 64A as in force immediately before the first commencement day; former Public Transport Development Authority property means property, rights or liabilities of the Public Transport Development Authority that, under Division 4, have become property, rights or liabilities of the Head, Transport for Victoria; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; money standing to the credit of the old public transport fund includes money that is income from the investment of money standing to the credit of the old -- 61 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 54 Authorised by the Chief Parliamentary Counsel public transport fund and that is the proceeds of sale of any investment; money standing to the credit of the old roads fund includes money that is income from the investment of money standing to the credit of the old roads fund and that is the proceeds of sale of any investment; old public transport fund means the general fund established under section 79VE as in force immediately before the first commencement day; old roads fund means the general fund continued under section 107 as in force immediately before the first commencement day; property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective. 295 Application of Interpretation of Legislation Act 1984 Except where the contrary intention appears, this Part, and any regulations made under this Part, do not affect or take away from the Interpretation of Legislation Act 1984. -- 62 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 55 Authorised by the Chief Parliamentary Counsel Division 2—Head, Transport for Victoria 296 Head, Transport for Victoria—transfer of property, rights and liabilities On the first commencement day, all property, rights and liabilities of the former Head, Transport for Victoria on behalf of the Crown immediately before the first commencement day become property, rights and liabilities of the Head, Transport for Victoria. 297 Things done by former Head, Transport for Victoria Anything done by the former Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, under this Act or any other Act before the first commencement day is taken, on that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, under the relevant Act. 298 Things commenced but not completed by former Head, Transport for Victoria (1) This section applies if, before the first commencement day, the former Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, under this Act or any other Act has commenced a matter or thing and has not completed that matter or thing before that day. (2) On and after the first commencement day, the Head, Transport for Victoria must continue and complete that matter or thing and, for the purposes of this section, -- 63 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 56 Authorised by the Chief Parliamentary Counsel anything done by the former Head, Transport for Victoria before that day is taken to have been done by the Head, Transport for Victoria. Division 3—Transport Infrastructure Development Agent 299 Transport Infrastructure Development Agent abolished On the first commencement day— (a) the Transport Infrastructure Development Agent is abolished and the person appointed to be the member constituting the Transport Infrastructure Development Agent under section 48 goes out of office; and (b) all property, rights and liabilities of the Transport Infrastructure Development Agent immediately before its abolition become property, rights and liabilities of the Crown. Division 4—Public Transport Development Authority 300 Public Transport Development Authority abolished On the first commencement day— (a) the Public Transport Development Authority is abolished and the person appointed to the office of Chief Executive of the Public Transport Development Authority under section 79BA goes out of office; and -- 64 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 57 Authorised by the Chief Parliamentary Counsel (b) subject to this Part— (i) the Head, Transport for Victoria becomes the successor in law of the Public Transport Development Authority; and (ii) all property of the Public Transport Development Authority immediately before its abolition becomes the property of the Head, Transport for Victoria; and (iii) all rights and liabilities of the Public Transport Development Authority immediately before its abolition become rights and liabilities of the Head, Transport for Victoria; and (iv) the Head, Transport for Victoria is substituted for the Public Transport Development Authority as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the Public Transport Development Authority; and (v) the Head, Transport for Victoria must continue and complete any other continuing matter or thing commenced by or against or in relation to the Public Transport Development Authority. 301 Things done by Public Transport Development Authority Anything done by the Public Transport Development Authority in the performance of a function or duty, or exercise of a power, -- 65 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 58 Authorised by the Chief Parliamentary Counsel under this Act or any other Act before the first commencement day is taken, on that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty or exercise of a power under the relevant Act. 302 Decisions and things done under or for the purposes of the Tourist and Heritage Railways Act 2010 On the first commencement day, any decision made under, or thing done, or any instrument made or any other document (by whatever name) prepared or made, under or for the purposes of, the Tourist and Heritage Railways Act 2010, by the Public Transport Development Authority is taken to be a decision made, thing done, instrument made or document prepared or made, by Victorian Rail Track under that Act. 303 Superseded references A reference to the Public Transport Development Authority in any Act (other than this Act) or in any instrument (including a subordinate instrument) made under or for the purposes of any Act, or any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to the Head, Transport for Victoria— (a) so far as the reference relates to any period on or after the first commencement day; and (b) if not inconsistent with the subject matter. -- 66 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 59 Authorised by the Chief Parliamentary Counsel 304 Transfer subject to encumbrances If, under this Division, property, rights and liabilities of the Public Transport Development Authority become property, rights or liabilities of the Head, Transport for Victoria— (a) the property and rights become property and rights of the Head, Transport for Victoria subject to the encumbrances (if any) to which they were subject immediately before the operation of this Division; and (b) the rights to which the Public Transport Development Authority was entitled in respect of those liabilities immediately before they ceased to be its liabilities become liabilities of the Head, Transport for Victoria. 305 Interests in land Without affecting the generality of this Division and despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006) or law, if, immediately before the first commencement day, the Public Transport Development Authority is, in relation to property, rights or liabilities that become, under this Division, the property, rights or liabilities of the Head, Transport for Victoria, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that day— -- 67 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 60 Authorised by the Chief Parliamentary Counsel (a) the Head, Transport for Victoria is taken to be the registered proprietor of that interest in land; and (b) the Head, Transport for Victoria has the same rights and remedies in respect of that interest as the Public Transport Development Authority had. 306 Easements If the Head, Transport for Victoria acquires any right in the nature of an easement (whether as a result of the operation of this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the Head, Transport for Victoria which is benefited or capable of being benefited by that right. 307 Action by Registrar of Titles On being requested to do so and on delivery of any relevant instrument, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division. 308 Continuation of old public transport fund (1) On and after the first commencement day, the old public transport fund continues despite the repeal of section 79VE. (2) While the old public transport fund is continued under this section, section 79VE continues in force as if it had not been repealed and as if a reference in that section to the Public Transport Development Authority were a reference to the Head, Transport for Victoria. -- 68 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 61 Authorised by the Chief Parliamentary Counsel (3) Nothing in this section affects the abolition of the old public transport fund in accordance with section 310. 309 Specification of money to be transferred (1) While the old public transport fund is continued under section 308, the Governor in Council, on the recommendation of the Minister and Treasurer, by Order published in the Government Gazette, may specify— (a) an amount of money standing to the credit of the old public transport fund that is to be transferred to the Public Transport Fund; and (b) the day on which the amount of money specified under paragraph (a) is to be transferred (the specified day). (2) The amount of money specified under an Order under subsection (1) may be— (a) an amount specified in the Order; or (b) an amount that can be determined— (i) through the application of a formula or methodology specified in the Order; or (ii) by reference to the basis on which it was paid or is payable into the old public transport fund. 310 Transfer of money and abolition of old public transport fund (1) On the specified day— (a) the amount of money specified under an Order under section 309(1) is paid out of the old public transport fund and forms part of the Public Transport Fund; and -- 69 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 62 Authorised by the Chief Parliamentary Counsel (b) all other money standing to the credit of the old public transport fund forms part of the Consolidated Fund; and (c) the old public transport fund is abolished. (2) In this section— specified day means the day specified in an Order under section 309(1). 311 References to old public transport fund A reference to the old public transport fund in any Act (other than this Act), subordinate instrument, agreement, lease, licence or other document (by whatever name) is taken to be a reference to the Public Transport Fund, unless the contrary intention appears. 312 Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of the Public Transport Development Authority in relation to former Public Transport Development Authority property, if this Division had not been enacted, is admissible for or against the interests of the Head, Transport for Victoria, if that property becomes property, rights or liabilities of the Head, Transport for Victoria. (2) The Evidence Act 2008 applies with respect to the books of account of the Public Transport Development Authority and to entries made in those books of account before the first commencement day, whether or not they relate to former Public Transport Development Authority property, as if those books of account and entries were business records of the Head, Transport for Victoria. -- 70 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 63 Authorised by the Chief Parliamentary Counsel Division 5—Linking Melbourne Authority 313 Linking Melbourne Authority abolished On the first commencement day— (a) the Linking Melbourne Authority is abolished; and (b) all property, rights and liabilities of the Linking Melbourne Authority immediately before its abolition become property, rights and liabilities of the Crown. Division 6—Initial transitional arrangements for the Roads Corporation 314 Definition In this Division— specified Act means— (a) the Accident Towing Services Act 2007; or (b) the Heavy Vehicle National Law Application Act 2013; or (c) the Road Management Act 2004; or (d) the Road Safety Act 1986; or (e) the Transport (Compliance and Miscellaneous) Act 1983. -- 71 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 64 Authorised by the Chief Parliamentary Counsel 315 Things done by Roads Corporation or its chief executive before first commencement day Anything done by the Roads Corporation or the Chief Executive of the Roads Corporation in the performance of a function or duty, or exercise of a power, under this Act or any other Act (other than a specified Act) before the first commencement day is taken, on that day, to have been done by the Secretary in the performance of a function or duty, or exercise of a power, under the relevant Act. 316 Things commenced but not completed by Roads Corporation or its chief executive (1) This section applies if, before the first commencement day, the Roads Corporation or the Chief Executive of the Roads Corporation in the performance of a function or duty, or exercise of a power, under this Act or any other Act (other than a specified Act) has commenced a matter or thing and has not completed that matter or thing before that day. (2) On and after the first commencement day, the Secretary must continue and complete that matter or thing and, for the purposes of this section, anything done by the Roads Corporation or the Chief Executive of the Roads Corporation before that day is taken to have been done by the Secretary. 317 Superseded references to Roads Corporation or its chief executive (1) Subject to sections 318 and 319, a reference to the Roads Corporation in any Act (other than this Act or a specified Act) or in any -- 72 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 65 Authorised by the Chief Parliamentary Counsel instrument made under or for the purposes of any Act (other than a regulation made under this Act or a specified Act), or any other document (by whatever name) prepared or made under or for the purposes of any Act (other than this Act or a specified Act), must be construed as a reference to the Secretary— (a) so far as the reference relates to any period on or after the first commencement day; and (b) if not inconsistent with the subject matter. (2) A reference to the Chief Executive of the Roads Corporation in any Act (other than this Act or a specified Act) or in any instrument made under or for the purposes of any Act (other than a regulation made under this Act or a specified Act), or any other document (by whatever name) prepared or made under or for the purposes of any Act (other than this Act or a specified Act), must be construed as a reference to the Secretary— (a) so far as the reference relates to any period on or after the first commencement day; and (b) if not inconsistent with the subject matter. 318 Corporation specified as a referral authority under a planning scheme (1) This section applies if, immediately before the first commencement day, a planning scheme within the meaning of the Planning and Environment Act 1987— -- 73 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 66 Authorised by the Chief Parliamentary Counsel (a) specifies the Roads Corporation (whether as the Roads Corporation or as VicRoads) as a referral authority within the meaning of that Act; or (b) refers to or specifies the Roads Corporation (whether as the Roads Corporation or as VicRoads) in some other way. (2) On the first commencement day— (a) the specification of the Roads Corporation as a referral authority is taken to be a specification of the Head, Transport for Victoria as a referral authority; and (b) every reference to, or specification of, the Roads Corporation (whether as the Roads Corporation or as VicRoads) must be construed as a reference to, or specification of, the Head, Transport for Victoria— (i) so far as the reference, or specification, relates to any period on or after the first commencement day; and (ii) if not inconsistent with the subject matter. 319 Roads Corporation as a responsible entity under Part 7A of the Emergency Management Act 2013 (1) This section applies if there is in effect, immediately before the first commencement day, an Order in Council under section 74H of the Emergency Management Act 2013 designating the Roads Corporation as a responsible entity in respect of vital critical infrastructure specified in the Order. -- 74 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 67 Authorised by the Chief Parliamentary Counsel (2) On the first commencement day, the Order in Council is taken to designate the Head, Transport for Victoria as the responsible entity within the meaning of Part 7A of that Act in respect of the vital critical infrastructure specified in that Order. (3) In this section— responsible entity and vital critical infrastructure have the same meaning as in section 74B of the Emergency Management Act 2013. 320 Continuation of old roads fund (1) On and after the first commencement day, the old roads fund continues despite the repeal of section 107. (2) While the old roads fund is continued under this section, section 107 continues in force as if it had not been repealed and as if a reference in that section to the Roads Corporation were a reference to the Secretary. (3) Nothing in this section affects the abolition of the old roads fund in accordance with section 322. 321 Specification of money to be transferred (1) While the old roads fund is continued under section 320, the Governor in Council, on the recommendation of the Minister and Treasurer, by Order published in the Government Gazette, may specify— (a) an amount of money standing to the credit of the old roads fund that is to be transferred to the Roads Fund; and -- 75 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 68 Authorised by the Chief Parliamentary Counsel (b) the day on which the amount of money specified under paragraph (a) is to be transferred (the specified day). (2) The amount of money specified under an Order under subsection (1) may be— (a) an amount specified in the Order; or (b) an amount that can be determined— (i) through the application of a formula or methodology specified in the Order; or (ii) by reference to the basis on which it was paid or is payable into the old roads fund. 322 Transfer of money and abolition of old roads fund (1) On the specified day— (a) the amount of money specified under an Order under section 321(1) is paid out of the old roads fund and forms part of the Roads Fund; and (b) all other money standing to the credit of the old roads fund forms part of the Consolidated Fund; and (c) the old roads fund is abolished. (2) In this section— specified day means the day specified in an Order under section 321(1). 323 References to old roads fund A reference to the old roads fund in any Act (other than this Act), subordinate instrument, agreement, lease, licence or other document (by whatever name) is taken to be a -- 76 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 69 Authorised by the Chief Parliamentary Counsel reference to the Roads Fund, unless the contrary intention appears. Division 7—Miscellaneous 324 Taxes No stamp duty or other tax is chargeable under any Act in respect of anything done under Division 2 or 4 or in respect of any act or transaction connected with or necessary to be done by reason of Division 2 or 4, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the former Head, Transport for Victoria or Public Transport Development Authority, as the case requires. 325 Validity of things done under this Part Nothing effected by, or done or suffered under, this Part— (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or (b) is to be regarded as placing any person in breach of or as constituting a default under any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer -- 77 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 70 Authorised by the Chief Parliamentary Counsel of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligee wholly or in part from any obligation. 326 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Transport Legislation Amendment Act 2019, including any repeals and amendments made by or as a result of the enactment of that Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or after a date not earlier than the day on which the Transport Legislation -- 78 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 71 Authorised by the Chief Parliamentary Counsel Amendment Act 2019 receives the Royal Assent; (b) be of limited or general application; (c) differ according to time, place or circumstances; (d) leave any matter or thing to be decided by a specified person or class of person. (3) To the extent to which any provision of the regulations under this section takes effect from a date that is earlier than the date of its making, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making. (4) Regulations under this section have effect despite anything to the contrary in— (a) this Act or any other Act (other than the Transport Legislation Amendment Act 2019 or the Charter of Human Rights and Responsibilities Act 2006); or (b) any subordinate instrument. (5) The following are not required for any proposed statutory rule that is to be made under this section— -- 79 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 72 Authorised by the Chief Parliamentary Counsel (a) consultation under section 6 of the Subordinate Legislation Act 1994; (b) the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994. (6) This section expires on the second anniversary of the day on which it comes into operation.". 65 New Division 6A of Part 12 inserted (1) In section 294 of the Transport Integration Act 2010— (a) in the definition of rights, for "prospective." substitute "prospective;"; (b) insert the following definition— "second commencement day means the day on which section 61 of the amending Act comes into operation.". (2) After Division 6 of Part 12 of the Transport Integration Act 2010 insert— "Division 6A—Abolition of Roads Corporation 323A Roads Corporation abolished On second commencement day— (a) the Roads Corporation is abolished and the person appointed to the office of Chief Executive of the Roads Corporation under section 84 goes out of office; and (b) all property, rights and liabilities of the Roads Corporation immediately before its abolition become property, rights and liabilities of the Crown.". -- 80 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 73 Authorised by the Chief Parliamentary Counsel Division 7—Consequential and other minor amendments 66 Definitions (1) In section 3 of the Transport Integration Act 2010— (a) in the definition of Department omit ", Planning and Local Infrastructure"; (b) in the definition of Head, Transport for Victoria, for "office established under section 64A" substitute "body corporate established under section 64A"; (c) in the definition of transport-related land, infrastructure and assets, in paragraphs (a) and (b), for "lead transport agency" substitute "Head, Transport for Victoria"; (d) in the definition of sector transport agency, before paragraph (c) insert— "(ba) the Head, Transport for Victoria;"; (e) the definitions of lead transport agency and transport system agency are repealed; (f) insert the following definitions— "Public Transport Fund—see section 39A; Roads Fund—see section 39B;". (2) In section 3 of the Transport Integration Act 2010— (a) in the definition of Transfer Order, for "Division 3 of Part 4A" substitute "Division 2 of Part 4B"; (b) in the definition of Transport Restructuring Order, for "Division 2 of Part 4A" substitute "Division 1 of Part 4B". -- 81 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 74 Authorised by the Chief Parliamentary Counsel 67 Act binds the Crown Section 5(2) of the Transport Integration Act 2010 is repealed. 68 Recording of dealings (1) In section 35(1) of the Transport Integration Act 2010, for "to the Department of Transport, Planning and Local Infrastructure" substitute "(within the meaning of the Transport Integration Act 2010)". (2) In section 35(2) of the Transport Integration Act 2010, for "to the Department of Transport, Planning and Local Infrastructure" (where twice occurring) substitute "(within the meaning of the Transport Integration Act 2010)". (3) In section 35(3) of the Transport Integration Act 2010— (a) omit "to the Department of Transport, Planning and Local Infrastructure" (where first occurring); (b) for "to the Department of Transport, Planning and Local Infrastructure" (where secondly occurring) substitute "(within the meaning of the Transport Integration Act 2010)". (4) In section 35(4) and (5) of the Transport Integration Act 2010 omit "to the Department of Transport, Planning and Local Infrastructure". 69 Delegation by Secretary In section 39(1) of the Transport Integration Act 2010, for "under any Act or regulations" substitute "conferred or imposed by or under any Act". -- 82 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 75 Authorised by the Chief Parliamentary Counsel 70 Easements In section 64H of the Transport Integration Act 2010— (a) in subsection (1), for "lead transport agency on behalf of the Crown" (where twice occurring) substitute "Head, Transport for Victoria"; (b) in subsections (2) and (3), for "lead transport agency on behalf of the Crown" substitute "Head, Transport for Victoria". 71 Head, Transport for Victoria may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978 (1) In the heading to section 64I of the Transport Integration Act 2010, for "Lead transport agency" substitute "Head, Transport for Victoria". (2) In section 64I of the Transport Integration Act 2010, for "lead transport agency" (wherever occurring) substitute "Head, Transport for Victoria". 72 Acquisition of land or interest in land to achieve environmental sustainability In section 64K of the Transport Integration Act 2010— (a) in subsection (1), for "lead transport agency" substitute "Head, Transport for Victoria"; (b) in subsection (2)— (i) for "lead transport agency may on behalf of the Crown" substitute "Head, Transport for Victoria may"; -- 83 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 76 Authorised by the Chief Parliamentary Counsel (ii) for "lead transport agency considers" substitute "Head, Transport for Victoria considers". 73 Powers to enter land for investigative purposes In section 64L of the Transport Integration Act 2010, for "lead transport agency" (wherever occurring) substitute "Head, Transport for Victoria". 74 Power to enter building In section 64M of the Transport Integration Act 2010, for "lead transport agency" (where twice occurring) substitute "Head, Transport for Victoria". 75 Powers to enter land to construct or maintain works In section 64N of the Transport Integration Act 2010, for "lead transport agency" (wherever occurring) substitute "Head, Transport for Victoria". 76 Financial accommodation In section 64O of the Transport Integration Act 2010— (a) in subsection (1), for "lead transport agency may on behalf of the Crown" substitute "Head, Transport for Victoria may"; (b) in subsection (5), for "lead transport agency" substitute "Head, Transport for Victoria". 77 Extra-territoriality In section 64Q(1) and (2) of the Transport Integration Act 2010, for "lead transport agency may on behalf of the Crown" substitute "Head, Transport for Victoria may". -- 84 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 77 Authorised by the Chief Parliamentary Counsel 78 Delegation by the Head, Transport for Victoria (1) In the heading to section 64R of the Transport Integration Act 2010, for "lead transport agency" substitute "Head, Transport for Victoria". (2) In section 64R(1) of the Transport Integration Act 2010— (a) for "lead transport agency" (where first occurring) substitute "Head, Transport for Victoria"; (b) for "lead transport agency under any Act or regulations" substitute "Head, Transport for Victoria conferred or imposed by or under any Act". 79 Contingency planning for exercise of certain powers In section 64S of the Transport Integration Act 2010— (a) for "lead transport agency" (where twice occurring) substitute "Head, Transport for Victoria"; (b) for "section 64C(1)(a) and (1)(e)" substitute "section 64C(1)(j)(ii)". 80 Functions of Commercial Passenger Vehicle Commission In section 115F(1) of the Transport Integration Act 2010— (a) in paragraphs (aa), (dc), (df) and (dh), for "lead transport agency" substitute "Secretary"; (b) in paragraph (e), for "lead transport agency" (where twice occurring) substitute "Secretary"; -- 85 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 78 Authorised by the Chief Parliamentary Counsel (c) for paragraph (f) substitute— "(f) to perform any other functions or duties conferred or imposed on the Commission by or under this Act or any other Act.". 81 Powers of the Commercial Passenger Vehicle Commission For section 115G(3) of the Transport Integration Act 2010 substitute— "(3) Without limiting the generality of subsection (1), the Commission may exercise the powers conferred on the Commission by or under this Act or any other Act.". 82 Personal liability For section 115S(1)(a) and (b) of the Transport Integration Act 2010 substitute— "(a) in the exercise of a power or the performance of a function by or under, or in connection with, this Act or any other Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function by or under, or in connection with, this Act or any other Act.". 83 Delegation In section 115T(1) of the Transport Integration Act 2010, for "under any Act or regulations" substitute "conferred or imposed by or under any Act". 84 Grant of unalienated Crown land In section 124(1) of the Transport Integration Act 2010, for "vested in" substitute "used by". -- 86 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 79 Authorised by the Chief Parliamentary Counsel 85 Land For section 125(1)(c) and (d) of the Transport Integration Act 2010 substitute— "(c) dispose of land, or an interest in land, to the Secretary, the Head, Transport for Victoria, or any other Transport Corporation for nominal consideration; or (d) accept the transfer of land, or an interest in land, from the Secretary, the Head, Transport for Victoria or any other Transport Corporation for nominal consideration; or". 86 Functions of V/Line Corporation In section 132(1) of the Transport Integration Act 2010— (a) in paragraph (e), for "Public Transport Development Authority in accordance with sections 79AE and 79AF" substitute "Head, Transport for Victoria in accordance with sections 64C and 64D"; (b) in paragraph (f), for "lead transport agency" substitute "Secretary"; (c) in paragraph (g), for "Public Transport Development Authority" (where twice occurring) substitute "Head, Transport for Victoria"; (d) in paragraph (h), for "lead transport agency's" substitute "Secretary's"; (e) for paragraph (k) substitute— "(k) perform any other functions or duties conferred on V/Line Corporation by or under this Act or any other Act.". -- 87 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 80 Authorised by the Chief Parliamentary Counsel 87 Functions of Victorian Ports Corporation (Melbourne) In section 141E(1) of the Transport Integration Act 2010— (a) in paragraph (a)(i), for "lead transport agency" substitute "Secretary"; (b) for paragraph (l) substitute— "(l) to perform any other functions or duties conferred on the Victorian Ports Corporation (Melbourne) by or under this Act or any other Act.". 88 Functions of Victorian Regional Channels Authority In section 141M(1) of the Transport Integration Act 2010— (a) in paragraph (c), for "lead transport agency" substitute "Secretary"; (b) for paragraph (e) substitute— "(e) any other functions or duties conferred on the Victorian Regional Channels Authority by or under this Act or any other Act.". 89 Functions of Port of Hastings Development Authority For section 141T(1)(i) of the Transport Integration Act 2010 substitute— "(i) to perform any other functions or duties conferred on the Port of Hastings Development Authority by or under this Act or any other Act.". -- 88 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 81 Authorised by the Chief Parliamentary Counsel 90 Powers of a Transport Corporation For section 152(4) of the Transport Integration Act 2010 substitute— "(4) Without limiting the generality of subsection (1), a Transport Corporation may exercise the powers conferred on the Transport Corporation by or under this Act or any other Act.". 91 Delegation by a Transport Corporation In section 170(1) of the Transport Integration Act 2010, for "under any Act or regulations" substitute "conferred or imposed by or under any Act". 92 Functions of Director, Transport Safety Section 173(1)(a)(ii) of the Transport Integration Act 2010 is repealed. 93 Delegation by the Director, Transport Safety In section 178(1) of the Transport Integration Act 2010— (a) after "Director, Transport Safety" (where secondly occurring) insert "conferred or imposed by or"; (b) for "under any other Act or the regulations under any Act" substitute "any other Act". 94 Functions of the Chief Investigator, Transport Safety Section 181(3)(a)(ii) of the Transport Integration Act 2010 is repealed. -- 89 of 269 -- Part 2—Amendment of Transport Integration Act 2010 Transport Legislation Amendment Act 2019 No. 49 of 2019 82 Authorised by the Chief Parliamentary Counsel 95 Delegation by the Chief Investigator, Transport Safety In section 183(1) of the Transport Integration Act 2010— (a) after "Chief Investigator, Transport Safety" (where secondly occurring) insert "conferred or imposed by or"; (b) for "any other Act or the regulations under any Act" substitute "any other Act". 96 Immunity In section 190(1)(a) and (b) of the Transport Integration Act 2010 omit "or regulations under this Act or any other Act". 97 Powers of transport safety appointee In section 193(3) of the Transport Integration Act 2010 omit "or regulations under this Act or any other Act". -- 90 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 83 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of Road Safety Act 1986 Division 1—Road safety measures 98 Definitions In section 3(1) of the Road Safety Act 1986— (a) the definitions of accompanying driver offence and accompanying licensed driver are repealed; (b) insert the following definitions— "supervising driver means a person, other than a commercial driving instructor acting as such, who is sitting beside a person, who is driving a motor vehicle for which that person does not hold an appropriate driver licence, for the purpose of enabling that person lawfully to drive that motor vehicle on a highway; supervising driver offence means an offence under section 49(1) which is committed by a person who is taken to be in charge of a motor vehicle by reason of the operation of section 3AA(1)(d);"; (c) in the definition of drink-driving infringement, for "an accompanying" substitute "a supervising"; (d) in the definition of drug-driving infringement, for "an accompanying" substitute "a supervising". -- 91 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 84 Authorised by the Chief Parliamentary Counsel 99 Circumstances in which person is to be taken to be in charge of a motor vehicle In section 3AA(1)(d) of the Road Safety Act 1986— (a) for "an accompanying licensed" substitute "a supervising"; (b) for "he or she" substitute "the supervising driver". 100 Offence if driver not licensed After section 18(3)(c)(i) of the Road Safety Act 1986 insert— "(ia) the Magistrates' Court has made a licence eligibility order in relation to the person and the person has not been granted a driver licence or learner permit by the Secretary; or". 101 Driver licences (1) In section 19(2)(a) of the Road Safety Act 1986, after "assessments" insert "and to undergo any appropriate training". (2) For section 19(7B) of the Road Safety Act 1986 substitute— "(7B) A person who has been issued with a driver licence which authorises the person to drive a motor cycle must have the licence in their possession at all times while driving or in charge of a motor cycle during the period of 3 years from the first issue of that licence. Penalty: 5 penalty units.". 102 Cancellation and disqualification—corresponding interstate drink-driving offence In section 25(2)(b) of the Road Safety Act 1986, for "an accompanying" substitute "a supervising". -- 92 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 85 Authorised by the Chief Parliamentary Counsel 103 Disqualified person must not apply for licence or permit In section 28B(1) of the Road Safety Act 1986, for "the Sentencing Act 1991 or the Infringements Act 2006" substitute "the Sentencing Act 1991, the Infringements Act 2006 or any law of another State, a Territory or another country". 104 Persons required to provide certificate of completion of first-stage behaviour change program In section 31E(2)(b) of the Road Safety Act 1986, for "an accompanying" substitute "a supervising". 105 Supervising driver offences (1) In the heading to section 31L of the Road Safety Act 1986, for "Accompanying" substitute "Supervising". (2) In section 31L of the Road Safety Act 1986— (a) for "31KA" substitute "31KC"; (b) for "an accompanying" substitute "a supervising". 106 Interpretation In section 34 of the Road Safety Act 1986, for the definition of unlicensed driver substitute— "unlicensed driver means— (a) a person— (i) who does not hold and has never held a Victorian driver licence or learner permit; or -- 93 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 86 Authorised by the Chief Parliamentary Counsel (ii) whose Victorian driver licence or learner permit has expired— but does not include a person whose Victorian driver licence or learner permit has been cancelled or suspended under another provision of this Act or under the regulations or another Act or by a court or by operation of this Act; or (b) a person who does not hold a licence or permit issued in another State, a Territory or a country that under the regulations authorises the person to drive a motor vehicle on a highway;". 107 Interpretative provisions In section 48(2)(d) of the Road Safety Act 1986, for "an accompanying" substitute "a supervising". 108 Offences involving alcohol or other drugs (1) In section 49(2) of the Road Safety Act 1986, for "an accompanying" substitute "a supervising". (2) In section 49(2A) of the Road Safety Act 1986, for "an accompanying" substitute "a supervising". (3) In section 49(3) of the Road Safety Act 1986, for "an accompanying" substitute "a supervising". (4) In section 49(3AAA) of the Road Safety Act 1986, for "an accompanying" substitute "a supervising". (5) In section 49(3AAB) of the Road Safety Act 1986, for "an accompanying" substitute "a supervising". (6) In section 49(3AA) of the Road Safety Act 1986, for "an accompanying" substitute "a supervising". -- 94 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 87 Authorised by the Chief Parliamentary Counsel 109 Offence to consume intoxicating liquor while supervising a learner driver (1) In the heading to section 49C of the Road Safety Act 1986, for "accompanying" substitute "supervising". (2) In section 49C of the Road Safety Act 1986, for "an accompanying licensed" substitute "a supervising". 110 Provisions about cancellation and disqualification In section 50(6) of the Road Safety Act 1986, for "an accompanying" substitute "a supervising". 111 Immediate suspension of driver licence or permit in certain circumstances (1) In section 51(1B)(c)(iii) of the Road Safety Act 1986, for "an accompanying" substitute "a supervising". (2) After section 51(14) of the Road Safety Act 1986 insert— "(15) This section does not apply to a person who is convicted or found guilty of a supervising driver offence.". 112 Zero blood or breath alcohol (1) For section 52(1)(b) of the Road Safety Act 1986 substitute— "(b) is— (i) the holder of a licence which— (A) was issued in another State, a Territory or another country; and (B) is not a provisional licence or a licence on probation; and -- 95 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 88 Authorised by the Chief Parliamentary Counsel (C) is not subject to a condition that the person have zero concentration of alcohol present in that person's blood or breath; and (ii) exempted under the regulations from the requirement to hold a driver licence or learner permit.". (2) In section 52(1A) of the Road Safety Act 1986 omit "which authorises him or her to drive a large vehicle,". 113 Requirement to complete first-stage behaviour change program (1) In section 58C(2)(a) of the Road Safety Act 1986, for "an accompanying" substitute "a supervising". (2) For section 58C(2)(b)(iii) of the Road Safety Act 1986 substitute— "(iii) an offence referred to in section 89(4) of the Sentencing Act 1991.". (3) In section 58C(3)(a)(ii) of the Road Safety Act 1986, after "1991" insert "committed while the person was under the influence of alcohol or drugs, or both". 114 Use of vehicle immobilising devices In section 63B(1) of the Road Safety Act 1986— (a) in paragraph (b), for "officers." substitute "officers; or"; (b) after paragraph (b) insert— "(c) to stop or assist in stopping a vehicle from entering a place on or near a road or road related area at which— (i) there is a public gathering; or -- 96 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 89 Authorised by the Chief Parliamentary Counsel (ii) a non-road activity within the meaning of section 99B is being conducted.". Division 2—Roads Corporation restructuring amendments 115 New Part 8A inserted After Part 8 of the Road Safety Act 1986 insert— "Part 8A—Transitional arrangements—Transport Legislation Amendment Act 2019 105B Definition In this Part— commencement day means the day on which Division 4 of Part 2 of the Transport Legislation Amendment Act 2019 comes into operation. 105C Application of Interpretation of Legislation Act 1984 Except where the contrary intention appears, this Part, and any regulations made under this Part, do not affect or take away from the Interpretation of Legislation Act 1984. 105D Officers of the Corporation who are authorised officers continue as authorised officers (1) This section applies to an authorisation— (a) of an officer of the Corporation who has been authorised by the Corporation to be an authorised officer under a specified section before the commencement day; and -- 97 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 90 Authorised by the Chief Parliamentary Counsel (b) which is in effect immediately before that day. (2) Despite anything to the contrary in this Act, that authorisation continues in effect on and after the commencement day as if that authorisation had been made by the Secretary under the specified section and the officer were an employee in the Department. (3) In this section— specified section means section 13(6), 16(1A), 16(2), 53(2), 55D(2), 55E, 59, 74, 77 or 112. Note An officer of the Corporation who has been authorised by the Corporation to inspect and search premises under section 112(1)(a), 112(1)(c) or 112(1)(d), and whose authorisation is an authorisation to which this section applies, will also continue to be an authorised inspector— see paragraph (a) of the definition of authorised inspector in section 119. 105E Officers of the Corporation authorised as prosecution officers continue as prosecution officers (1) This section applies to an authorisation— (a) of an officer of the Corporation who has been authorised by the Corporation to be a prosecution officer under paragraph (b) of the definition of prosecution officer in section 3(1) before the commencement day; and (b) which is in effect immediately before that day. -- 98 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 91 Authorised by the Chief Parliamentary Counsel (2) Despite anything to the contrary in this Act, that authorisation continues in effect on and after the commencement day as if that authorisation had been made by the Secretary under section 77(2)(c) and the officer were an employee in the Department. 105F Secretary may appoint Corporation officers as authorised officers and persons who may commence and conduct proceedings (1) Despite anything to the contrary in this Act, the Secretary may authorise, in writing, an officer or employee of the Corporation to commence and conduct proceedings either generally or in a particular case. (2) Despite anything to the contrary in this Act, the Secretary may under or for the purposes of a prescribed provision authorise, in writing, an officer or employee of the Corporation as an authorised officer under or for the purposes of that prescribed provision. 105G Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Transport Legislation Amendment Act 2019, including any repeals and amendments made by or as a result of the enactment of that Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or after a date not earlier than the day on which the Transport Legislation -- 99 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 92 Authorised by the Chief Parliamentary Counsel Amendment Act 2019 receives the Royal Assent; (b) be of limited or general application; (c) differ according to time, place or circumstances; (d) leave any matter or thing to be decided by a specified person or class of person. (3) To the extent to which any provision of the regulations under this section takes effect from a date that is earlier than the date of its making, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making. (4) Regulations under this section have effect despite anything to the contrary in— (a) this Act or any other Act (other than the Transport Legislation Amendment Act 2019 or the Charter of Human Rights and Responsibilities Act 2006); or (b) any subordinate instrument. (5) The following are not required for any proposed statutory rule that is to be made under this section— -- 100 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 93 Authorised by the Chief Parliamentary Counsel (a) consultation under section 6 of the Subordinate Legislation Act 1994; (b) the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994. (6) This section expires on the second anniversary of the day on which it comes into operation.". 116 Consequential amendments—Schedule 1 On the commencement of an item, or a provision of an item, in Schedule 1, the Road Safety Act 1986 is amended as set out in that item or provision. Division 3—Other amendments 117 Effecting registration, renewal or transfer In section 9(1) of the Road Safety Act 1986, for "regulations" substitute "regulations, Division 2A of this Part". 118 Appeal to Magistrates' Court In section 12(1) of the Road Safety Act 1986— (a) in paragraph (a), after "trailer" insert "other than a refusal under section 16AH"; (b) for paragraph (c) substitute— "(c) cancel or suspend the registration of a motor vehicle or trailer other than— (i) a suspension in accordance with Part 8 of the Fines Reform Act 2014 under section 9AA; or (ii) a cancellation under section 16AE—". -- 101 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 94 Authorised by the Chief Parliamentary Counsel 119 New Division 2A of Part 2 inserted After Division 2 of Part 2 of the Road Safety Act 1986 insert— "Division 2A—Cancellation of registration for offensive advertisements 16AA Definitions In this Division— Ad Standards means Ad Standards Limited ACN 084 452 666; advertising breach notice means a notice sent under section 16AB(1); advertising code means— (a) the Code of Ethics published by the Australian Association of National Advertisers ACN 003 179 673, as in force from time to time; or (b) another document prescribed for the purposes of this Division to be the advertising code; board means a board appointed by Ad Standards that has the function of considering complaints about advertising made by members of the public to determine whether the advertising breaches the advertising code; registration cancellation notice means a notice sent under section 16AC(1). -- 102 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 95 Authorised by the Chief Parliamentary Counsel 16AB Advertising breach notice (1) Ad Standards may send a notice to the Secretary if— (a) a board determines that an advertisement on a motor vehicle or trailer is in breach of the advertising code; and (b) the determination of the board is final and any internal review of the determination has concluded; and (c) no action has been taken to modify or remove the advertisement on the motor vehicle or trailer. (2) An advertising breach notice must— (a) be in writing; and (b) include the details of the determination and state that the determination is final. (3) Ad Standards, by written notice sent to the Secretary, may withdraw an advertising breach notice. 16AC Registration cancellation notice (1) If the Secretary receives an advertising breach notice, the Secretary may send a notice to the registered operator of a motor vehicle or trailer informing the registered operator— (a) that the Secretary has been notified by Ad Standards— (i) that a determination has been made that advertising on that motor vehicle or trailer is in breach of the advertising code; and -- 103 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 96 Authorised by the Chief Parliamentary Counsel (ii) that no action has been taken by the registered operator to modify or remove the advertisement on the motor vehicle or trailer; and (b) the Secretary may cancel the registration of the motor vehicle or trailer on a stated day unless Ad Standards withdraws the advertising breach notice it sent to the Secretary before that day. (2) The day stated in a registration cancellation notice must be at least 14 days after the notice is sent to the registered operator. (3) The Secretary may send a notice to the registered operator stating a later day on which the registration of the motor vehicle or trailer may be cancelled. 16AD Withdrawal of advertising breach notice (1) This section applies if— (a) the Secretary sends a registration cancellation notice to a registered operator of a motor vehicle or trailer; and (b) before the Secretary cancels the registration of the motor vehicle or trailer under section 16AE, Ad Standards sends a notice to the Secretary withdrawing the advertising breach notice. (2) The Secretary must— (a) take no further action under this Division to cancel the registration of the motor vehicle or trailer; and -- 104 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 97 Authorised by the Chief Parliamentary Counsel (b) send a notice to the registered operator of the motor vehicle or trailer stating that— (i) the notice from Ad Standards has been withdrawn; and (ii) no further action will be taken to cancel the registration of the motor vehicle or trailer. 16AE Cancellation of registration (1) Subject to section 16AD, the Secretary may cancel the registration of a motor vehicle or trailer the subject of a registration cancellation notice on or after the cancellation day. (2) If the Secretary cancels the registration of a motor vehicle or trailer under subsection (1), the Secretary must send the registered operator of the motor vehicle or trailer notice of the cancellation. (3) If the Secretary decides not to cancel the registration of the motor vehicle or trailer, the Secretary must send the registered operator of the motor vehicle or trailer notice that no further action will be taken to cancel the registration. (4) If the registration of a motor vehicle or trailer is cancelled under subsection (1), the vehicle is unregistered for the purposes of this Part. (5) Despite subsection (4), it is not an offence against this Act to leave a vehicle whose registration has been cancelled under this section standing on a highway. -- 105 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 98 Authorised by the Chief Parliamentary Counsel (6) In this section— cancellation day means the day stated in a registration cancellation notice, or a later day stated in a notice sent under section 16AC(3), as the day on which the registration of the motor vehicle or trailer will be cancelled. 16AF No transfer of registration The Secretary must not record a transfer of the registration of a motor vehicle or trailer if— (a) a registration cancellation notice for the motor vehicle or trailer has been sent to the registered operator; and (b) the Secretary has not sent the registered operator a notice that no further action will be taken to cancel the registration of the motor vehicle or trailer under section 16AD(2)(b) or section 16AE(3). 16AG No refund of registration fees The registered operator of a motor vehicle or trailer is not entitled to a refund of the registration fees, in whole or in part, paid for the motor vehicle or trailer because of a cancellation of registration under section 16AE. 16AH Applying for registration after cancellation (1) This section applies to an application made under the regulations for the registration of a motor vehicle or trailer that has— (a) had its registration cancelled under section 16AE(1); and -- 106 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 99 Authorised by the Chief Parliamentary Counsel (b) not been registered under this Part since that cancellation. (2) The application must be accompanied by a statutory declaration by the applicant stating that the advertisement the subject of the registration cancellation notice has been removed from the motor vehicle or trailer. (3) The Secretary must refuse to accept an application for registration unless it is accompanied by the statutory declaration.". 120 Power of Corporation to require tests to be undergone (1) In section 27(1) and (1A) of the Road Safety Act 1986, for "The" substitute "Subject to subsection (3A), the". (2) After section 27(3) of the Road Safety Act 1986 insert— "(3A) The Secretary must not use or disclose any information collected or received by the Secretary under section 90J(1) in relation to the accessible parking permit scheme in the exercise of any power under this section.". (3) In section 27(6) of the Road Safety Act 1986 insert the following definition— "accessible parking permit scheme has the same meaning as in section 90I;". 121 Demerit point option notice In section 36(4) of the Road Safety Act 1986— (a) in paragraph (b), for "Division; or" substitute "Division—"; (b) paragraph (c) is repealed; (c) omit "or disqualification". -- 107 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 100 Authorised by the Chief Parliamentary Counsel 122 Interpretation In section 90I of the Road Safety Act 1986 insert the following definitions— "accessible parking permit scheme means a scheme administered by the Secretary for the issue, by municipal councils, of parking permits to enable vehicles displaying a parking permit for people with disabilities to be parked in accordance with the Road Rules; parking permit for people with disabilities has the same meaning as in the Road Rules;". 123 Information to which Part 7B applies In section 90J(1)(a) of the Road Safety Act 1986, after "activities" insert "or in relation to the accessible parking permit scheme". 124 Authorised use or disclosure After section 90K(a)(iv) of the Road Safety Act 1986 insert— "(iva) administering the accessible parking permit scheme, including— (A) facilitating the assessment of whether a person is entitled to be issued a parking permit for people with disabilities; and (B) facilitating the issue of parking permits for people with disabilities by municipal councils; and (C) maintaining a record of persons who have been issued a parking permit for people with disabilities; and -- 108 of 269 -- Part 3—Amendment of Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 101 Authorised by the Chief Parliamentary Counsel (D) enabling any law enforcement agency to determine whether a person is using a valid parking permit for people with disabilities which that person is entitled to use; or". 125 Information protection agreements In section 90N(1) of the Road Safety Act 1986, after "(a)(iv)," insert "(a)(iva),". 126 Gazette notices may incorporate document etc. In section 95E of the Road Safety Act 1986, after "section 95D" insert "or a provision of the regulations". -- 109 of 269 -- Part 4—Amendment of Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 102 Authorised by the Chief Parliamentary Counsel Part 4—Amendment of Accident Towing Services Act 2007 127 Applications for standard tow truck licences For section 18(2)(b)(i) of the Accident Towing Services Act 2007 substitute— "(i) the prescribed fee (if any); and". 128 Approval of applications For section 20(1)(b) of the Accident Towing Services Act 2007 substitute— "(b) if the prescribed fee (if any) has not been paid.". 129 Specified tow trucks After section 27(5)(a) of the Accident Towing Services Act 2007 insert— "(ab) be accompanied by the prescribed fee (if any); and". 130 Application for transfer of tow truck licence After section 30(2)(a) of the Accident Towing Services Act 2007 insert— "(ab) be accompanied by the prescribed fee (if any); and". 131 Temporary permits After section 35(4) of the Accident Towing Services Act 2007 insert— "(4A) An application for a permit under this section must be accompanied by the prescribed fee (if any).". -- 110 of 269 -- Part 4—Amendment of Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 103 Authorised by the Chief Parliamentary Counsel 132 Making of application For section 60(1)(c)(i) of the Accident Towing Services Act 2007 substitute— "(i) the prescribed fee (if any); and". 133 Issue of certificate of accreditation In section 76(3) of the Accident Towing Services Act 2007, for "the fee (if any) determined by VicRoads under section 213" substitute "the prescribed fee (if any)". 134 Making of application For section 102(1)(c)(i) of the Accident Towing Services Act 2007 substitute— "(i) the prescribed fee (if any); and". 135 Issue of certificate of accreditation In section 116(2) of the Accident Towing Services Act 2007, for "the fee (if any) determined by VicRoads under section 213" substitute "the prescribed fee (if any)". 136 Making of application For section 140E(1)(c)(i) of the Accident Towing Services Act 2007 substitute— "(i) the prescribed fee (if any); and". 137 Charges to be adjusted for CPI In section 212H(1) of the Accident Towing Services Act 2007, for "as at 15 June in the financial year immediately preceding the relevant year" substitute "before the relevant year". 138 Power of VicRoads to determine fees Section 213 of the Accident Towing Services Act 2007 is repealed. -- 111 of 269 -- Part 4—Amendment of Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 104 Authorised by the Chief Parliamentary Counsel 139 New Part 9 inserted After Part 8 of the Accident Towing Services Act 2007 insert— 'Part 9—Transitional provisions— Transport Legislation Amendment Act 2019 225 Definitions In this Part— commencement day means the day on which Division 4 of Part 2 of the Transport Legislation Amendment Act 2019 comes into operation; VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010. 226 Application of Interpretation of Legislation Act 1984 Except where the contrary intention appears, this Part, and any regulations made under this Part, do not affect or take away from the Interpretation of Legislation Act 1984. 227 Superseded references A reference to VicRoads in this Act or in any instrument (including a subordinate instrument) made under or for the purposes of this Act, or any other document (by whatever name) prepared or made under or for the purposes of this Act, must be construed as a reference to the Secretary— (a) so far as the reference relates to any period on or after the commencement day; and -- 112 of 269 -- Part 4—Amendment of Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 105 Authorised by the Chief Parliamentary Counsel (b) if not inconsistent with the subject matter. 228 Things done by VicRoads before commencement day Anything done by VicRoads in the performance of a function or duty, or exercise of a power, under this Act before the commencement day is taken, on that day, to have been done by the Secretary in the performance of a function or duty or exercise of a power under this Act. 229 Things commenced but not completed by VicRoads before commencement day (1) This section applies if, before the commencement day, VicRoads, in the performance of a function or duty, or exercise of a power, under this Act has commenced to do a thing and has not completed that thing before that day. (2) On and after the commencement day, the Secretary must complete that thing and, for the purposes of this section, anything done by VicRoads before that day is taken to have been done by the Secretary. 230 Fees determined by VicRoads (1) Despite the repeal of section 213, the fees notice continues in effect on and after the commencement of section 138 of the Transport Legislation Amendment Act 2019 until the first regulations prescribing fees for the purposes of any of the fee provisions come into operation. -- 113 of 269 -- Part 4—Amendment of Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 106 Authorised by the Chief Parliamentary Counsel (2) In this section— fees notice means the notice titled "Determination of Fees" made under section 213 (as then in force) published in the Government Gazette on 1 July 2019; fee provisions means section 18(2)(b)(i), 20(1)(b), 27(5)(ab), 30(2)(ab), 35(4A), 60(1)(c)(i), 76(3), 102(1)(c)(i), 116(2) or 140E(1)(c)(i). 231 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Transport Legislation Amendment Act 2019, including any repeals and amendments made by or as a result of the enactment of that Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or after a date not earlier than the day on which the Transport Legislation Amendment Act 2019 receives the Royal Assent; (b) be of limited or general application; (c) differ according to time, place or circumstances; (d) leave any matter or thing to be decided by a specified person or class of person. -- 114 of 269 -- Part 4—Amendment of Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 107 Authorised by the Chief Parliamentary Counsel (3) To the extent to which any provision of the regulations under this section takes effect from a date that is earlier than the date of its making, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making. (4) Regulations under this section have effect despite anything to the contrary in— (a) this Act or any other Act (other than the Transport Legislation Amendment Act 2019 or the Charter of Human Rights and Responsibilities Act 2006); or (b) any subordinate instrument. (5) The following are not required for any proposed statutory rule that is to be made under this section— (a) consultation under section 6 of the Subordinate Legislation Act 1994; (b) the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994. (6) This section expires on the second anniversary of the day on which it comes into operation.'. -- 115 of 269 -- Part 4—Amendment of Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 108 Authorised by the Chief Parliamentary Counsel 140 Consequential amendments—Schedule 2 On the commencement of an item, or a provision of an item, in Schedule 2, the Accident Towing Services Act 2007 is amended as set out in that item or provision. -- 116 of 269 -- Part 5—Amendment of Heavy Vehicle National Law Application Act 2013 Transport Legislation Amendment Act 2019 No. 49 of 2019 109 Authorised by the Chief Parliamentary Counsel Part 5—Amendment of Heavy Vehicle National Law Application Act 2013 141 Definitions In section 3(1) of the Heavy Vehicle National Law Application Act 2013— (a) the definition of Roads Corporation is repealed; (b) insert the following definitions— "Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010; Secretary means the Secretary to the Department of Transport;". 142 Application of Heavy Vehicle National Law In section 4(a) of the Heavy Vehicle National Law Application Act 2013 omit "subject to Part 5,". 143 Meaning of generic terms in Heavy Vehicle National Law for the purposes of this jurisdiction In section 10 of the Heavy Vehicle National Law Application Act 2013, the definition of Roads Corporation is repealed. 144 Section 15 substituted For section 15 of the Heavy Vehicle National Law Application Act 2013 substitute— "15 Relevant tribunal or court (1) VCAT is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria) other than Division 2 of Part 9.4 and Part 10.1A of that Law. -- 117 of 269 -- Part 5—Amendment of Heavy Vehicle National Law Application Act 2013 Transport Legislation Amendment Act 2019 No. 49 of 2019 110 Authorised by the Chief Parliamentary Counsel Note See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of relevant tribunal or court. (2) The Magistrates' Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes Division 2 of Part 9.4 and Part 10.1A of the Heavy Vehicle National Law (Victoria).". 145 Section 17 substituted For section 17 of the Heavy Vehicle National Law Application Act 2013 substitute— "17 Road authority (1) The Head, Transport for Victoria is declared to be the road authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Victoria) other than section 712(a), (b) and (c). Note See section 5 of the Heavy Vehicle National Law (Victoria) for the definition of road authority. (2) In addition, the Secretary is declared to be a road authority for this jurisdiction for the purposes of section 712 of the Heavy Vehicle National Law (Victoria).". 146 Road manager In section 18(1)(a) of the Heavy Vehicle National Law Application Act 2013, for "Roads Corporation" substitute "Secretary". 147 Toll road authority In section 28(c) of the Heavy Vehicle National Law Application Act 2013, for "Roads Corporation" substitute "Head, Transport for Victoria". -- 118 of 269 -- Part 5—Amendment of Heavy Vehicle National Law Application Act 2013 Transport Legislation Amendment Act 2019 No. 49 of 2019 111 Authorised by the Chief Parliamentary Counsel 148 Section 30 repealed Section 30 of the Heavy Vehicle National Law Application Act 2013 is repealed. 149 Persons who may commence proceedings for offences In section 31(1) of the Heavy Vehicle National Law Application Act 2013— (a) paragraphs (b) and (c) are repealed; (b) in paragraph (e), for "Roads Corporation" substitute "Secretary". 150 Certain matters indicated by prescribed road safety cameras are evidence (1) In section 36(1) of the Heavy Vehicle National Law Application Act 2013— (a) omit "section 204, 205, 206, 207, 208, 209, 210, 211, 212, 213 or 219 of"; (b) after "(Victoria)" insert "or national regulations,". (2) In section 36(2) of the Heavy Vehicle National Law Application Act 2013— (a) omit "section 204, 205, 206, 207, 208, 209, 210, 211, 212, 213 or 219 of"; (b) after "(Victoria)" insert "or national regulations,". (3) After section 36(2) of the Heavy Vehicle National Law Application Act 2013 insert— "(2A) For the purposes of subsection (1), if an image produced by a prescribed process when used in the prescribed manner depicts one or more motor vehicles, a marker on a particular motor vehicle that is a heavy vehicle and a message stating the speed of that heavy vehicle is, without prejudice to -- 119 of 269 -- Part 5—Amendment of Heavy Vehicle National Law Application Act 2013 Transport Legislation Amendment Act 2019 No. 49 of 2019 112 Authorised by the Chief Parliamentary Counsel any other mode of proof and in the absence of evidence to the contrary, proof of the speed of that heavy vehicle on that occasion.". (4) In section 36(3) of the Heavy Vehicle National Law Application Act 2013— (a) omit "section 204, 205, 206, 207, 208, 209, 210, 211, 212, 213 or 219 of"; (b) after "(Victoria)" insert "or national regulations,". 151 Part 5—Registration of heavy vehicles Part 5 of the Heavy Vehicle National Law Application Act 2013 is repealed. 152 Regulations Section 54(3), (4), (5) and (6) of the Heavy Vehicle National Law Application Act 2013 are repealed. 153 Repeal of transitional regulation making powers Section 55 of the Heavy Vehicle National Law Application Act 2013 is repealed. 154 New Division 3 of Part 6 inserted After Division 2 of Part 6 of the Heavy Vehicle National Law Application Act 2013 insert— "Division 3—Savings and transitional arrangements—Transport Legislation Amendment Act 2019 59A Application of Interpretation of Legislation Act 1984 Except where the contrary intention appears, any regulations made under this Division do not affect or take away from the Interpretation of Legislation Act 1984. -- 120 of 269 -- Part 5—Amendment of Heavy Vehicle National Law Application Act 2013 Transport Legislation Amendment Act 2019 No. 49 of 2019 113 Authorised by the Chief Parliamentary Counsel 59B Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Transport Legislation Amendment Act 2019, including any repeals and amendments made by or as a result of the enactment of that Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or after a date not earlier than the day on which the Transport Legislation Amendment Act 2019 receives the Royal Assent; (b) be of limited or general application; (c) differ according to time, place or circumstances; (d) leave any matter or thing to be decided by a specified person or class of person. (3) To the extent to which any provision of the regulations under this section takes effect from a date that is earlier than the date of its making, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or -- 121 of 269 -- Part 5—Amendment of Heavy Vehicle National Law Application Act 2013 Transport Legislation Amendment Act 2019 No. 49 of 2019 114 Authorised by the Chief Parliamentary Counsel (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making. (4) Regulations under this section have effect despite anything to the contrary in— (a) this Act or any other Act (other than the Transport Legislation Amendment Act 2019 or the Charter of Human Rights and Responsibilities Act 2006); or (b) the Heavy Vehicle National Law (Victoria); or (c) any subordinate instrument. (5) The following are not required for any proposed statutory rule that is to be made under this section— (a) consultation under section 6 of the Subordinate Legislation Act 1994; (b) the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994. (6) This section expires on the second anniversary of the day on which it comes into operation.". 155 Schedule—Part 2 repealed Part 2 of the Schedule to the Heavy Vehicle National Law Application Act 2013 is repealed. -- 122 of 269 -- Part 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 Transport Legislation Amendment Act 2019 No. 49 of 2019 115 Authorised by the Chief Parliamentary Counsel Part 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 156 Purposes In section 1(e)(i) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, for "VicRoads" substitute "the Secretary to the Department of Transport". 157 Definitions In section 3 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019— (a) insert the following definition— "Department means the Department of Transport;"; (b) in the definition of operator, for "VicRoads" (wherever occurring) substitute "the Secretary"; (c) the definition of VicRoads is repealed. 158 Functions and powers of the Secretary (1) In section 7(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, for "subsection (4)" substitute "this section". (2) After section 7(4) insert— "(4A) Despite subsections (3) and (4), the Secretary may carry out any of the Secretary's functions under section 59 without being authorised to do so in accordance with subsection (3).". -- 123 of 269 -- Part 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 Transport Legislation Amendment Act 2019 No. 49 of 2019 116 Authorised by the Chief Parliamentary Counsel 159 Evidentiary certificates (1) In section 56(1) and (5) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, for "VicRoads" substitute "the Secretary". (2) In section 56(3) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, for "VicRoads" substitute "the Secretary, the Head, Transport for Victoria". 160 Secretary may disclose certain information (1) In the heading to section 59 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, for "VicRoads" substitute "Secretary". (2) In section 59(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019— (a) for "VicRoads" (where first occurring) substitute "The Secretary"; (b) for paragraph (b) substitute— "(b) to a person who is employed in the Department or who is engaged to provide services for the Secretary, a relevant person or an enforcement agency.". (3) In section 59(2) and (3) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, for "VicRoads" substitute "The Secretary". (4) In section 59(4) and (6) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, for "VicRoads" (wherever occurring) substitute "the Secretary". -- 124 of 269 -- Part 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 Transport Legislation Amendment Act 2019 No. 49 of 2019 117 Authorised by the Chief Parliamentary Counsel 161 Definitions Section 79(3) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 is repealed. 162 Power to issue regular tow truck licences In section 80(2) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, in proposed subsection (4) to be inserted in section 10 of the Accident Towing Services Act 2007, for "VicRoads" substitute "the Secretary". 163 Power to issue heavy tow truck licences In section 81 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, in proposed subsection (4) to be inserted in section 11 of the Accident Towing Services Act 2007, for "VicRoads" substitute "the Secretary". 164 Definitions In section 92(4) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, in the proposed definition of operator to be substituted for the definition of operator in section 3 of the EastLink Project Act 2004, for "VicRoads" (wherever occurring) substitute "the Transport Secretary". -- 125 of 269 -- Part 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 Transport Legislation Amendment Act 2019 No. 49 of 2019 118 Authorised by the Chief Parliamentary Counsel 165 Section 102 substituted For section 102 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 substitute— '102 Evidence of certificate or document from Transport Secretary In section 221(1), (2) and (3) of the EastLink Project Act 2004, after "vehicle" (where twice occurring) insert "or trailer".'. 166 Section 103 substituted For section 103 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 substitute— '103 Transport Secretary may disclose certain information to Freeway Corporation (1) In the heading to section 223 of the EastLink Project Act 2004 omit "to Freeway Corporation". (2) For section 223(1) of the EastLink Project Act 2004 substitute— "(1) The Transport Secretary or a relevant person may disclose information about a vehicle or trailer registered under Part 2 of the Road Safety Act 1986, for the purposes of this Part— (a) to an enforcement agency; or (b) to a person who is employed in the Department, or who is engaged to provide services for the Transport Secretary, a relevant person or an enforcement agency. -- 126 of 269 -- Part 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 Transport Legislation Amendment Act 2019 No. 49 of 2019 119 Authorised by the Chief Parliamentary Counsel (1A) The Transport Secretary or a relevant person may disclose information about a vehicle or trailer registered under Part 2 of the Road Safety Act 1986, for the purpose of sending a request to a responsible person for the payment of a toll or a toll administration fee— (a) to the Freeway Corporation; or (b) to a person who is employed by, or who is engaged to provide services for, the Freeway Corporation. (1B) The Transport Secretary or a relevant person may disclose the driver licence information of a responsible person, for the purpose of taking action for the recovery of a toll or a toll administration fee from the responsible person in accordance with arrangements that comply with the minimum debt recovery requirements— (a) to the Freeway Corporation; or (b) to a person who is employed by, or who is engaged to provide services for, the Freeway Corporation. (1C) Despite section 90N of the Road Safety Act 1986, the Transport Secretary or a relevant person may disclose information under subsection (1) even if the Transport Secretary or the relevant person has not entered into an information protection agreement with the enforcement agency or the person.". -- 127 of 269 -- Part 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 Transport Legislation Amendment Act 2019 No. 49 of 2019 120 Authorised by the Chief Parliamentary Counsel (3) In section 223(2) of the EastLink Project Act 2004, for "this section as if it were a disclosure" substitute "subsection (1A) or (1B) as if it were a disclosure of information authorised". (4) After section 223(2) of the EastLink Project Act 2004 insert— "(3) In this section— driver licence information means any of the following information held by the Transport Secretary for the purpose of the Secretary's licensing functions under Part 3 of the Road Safety Act 1986— (a) a person's name; (b) a driver licence number; (c) a date of birth; (d) a telephone number; (e) an email address; (f) a residential address; information protection agreement has the same meaning as in section 90I of the Road Safety Act 1986; minimum debt recovery requirements means the requirements specified by the Minister under section 203A(1); relevant person has the same meaning as in section 90I of the Road Safety Act 1986.".'. -- 128 of 269 -- Part 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 Transport Legislation Amendment Act 2019 No. 49 of 2019 121 Authorised by the Chief Parliamentary Counsel 167 Definitions In section 116(4) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, in the proposed definition of operator to be substituted for the definition of operator in section 69 of the Melbourne City Link Act 1995, for "Roads Corporation" (wherever occurring) substitute "Secretary". 168 Section 124 substituted For section 124 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 substitute— '124 General evidentiary provisions In section 89(2), (3), (3A) and (3B) of the Melbourne City Link Act 1995, after "vehicle" (where twice occurring) insert "or trailer".'. 169 Secretary may disclose certain information (1) In the heading to section 125 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, for "Roads Corporation" substitute "Secretary". (2) In section 125(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, in proposed subsections (1) (except proposed subsection (1)(b)), (1A) and (1B) to be inserted in section 90 of the Melbourne City Link Act 1995, for "Roads Corporation" (wherever occurring) substitute "Secretary". (3) In section 125(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, in proposed subsection (1)(b) to be inserted in section 90 of the Melbourne City Link Act 1995, for "by, or who is engaged to provide services for, the Roads Corporation" -- 129 of 269 -- Part 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 Transport Legislation Amendment Act 2019 No. 49 of 2019 122 Authorised by the Chief Parliamentary Counsel substitute "in the Department, or who is engaged to provide services, for the Secretary". (4) In section 125(4) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, in proposed subsection (4) to be inserted in section 90 of the Melbourne City Link Act 1995, for "Roads Corporation" substitute "Secretary". 170 Authorised officers In section 136(3) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, in proposed subsection (5C) to be inserted in section 71 of the Road Management Act 2004 omit "as if VicRoads were the responsible road authority". 171 Section 134 substituted In section 140 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, in proposed section 134 of the Road Management Act 2004— (a) in subsections (3), (10) and (15), for "VicRoads" substitute "the Head, Transport for Victoria"; (b) in subsections (4) and (5), for "VicRoads" (where twice occurring) substitute "the Secretary". 172 New sections 134F and 134G inserted In section 144 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, in proposed section 134F of the Road Management Act 2004— (a) in subsections (3), (9) and (13), for "VicRoads" substitute "the Head, Transport for Victoria"; -- 130 of 269 -- Part 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 Transport Legislation Amendment Act 2019 No. 49 of 2019 123 Authorised by the Chief Parliamentary Counsel (b) in subsection (4), for "VicRoads" (where twice occurring) substitute "the Secretary". -- 131 of 269 -- Part 7—Amendment of other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 124 Authorised by the Chief Parliamentary Counsel Part 7—Amendment of other Acts Division 1—Amendment of Road Management Act 2004 173 New section 71AA inserted Before section 71 of the Road Management Act 2004 insert— "71AA Definition In this Division— appointing entity, in relation to an authorised officer, means— (a) if the authorised officer is appointed under section 71(1), the Secretary; or (b) if the authorised officer is appointed under section 71(2), the State road authority that appoints the authorised officer; or (c) if the authorised officer is appointed under section 71(3), the municipal council that appoints the authorised officer.". 174 Authorised officers (1) For section 71(1) of the Road Management Act 2004 substitute— "(1) Subject to this section, the Secretary may by instrument appoint any of the following to be an authorised officer for the purposes of this Act— (a) an employee in the Department; (b) an officer or employee of VicRoads; -- 132 of 269 -- Part 7—Amendment of other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 125 Authorised by the Chief Parliamentary Counsel (c) a member of the staff of the Regulator within the meaning of the Heavy Vehicle National Law (Victoria).". (2) In section 71(2) of the Road Management Act 2004, after "State road authority" insert ", other than the Head, Transport for Victoria,". (3) After section 71(3) of the Road Management Act 2004 insert— "(3A) An authorised officer appointed under subsection (1) may exercise the powers of an authorised officer in respect of a road for which the Head, Transport for Victoria is the responsible road authority if the Head, Transport for Victoria has so requested.". (4) In section 71(4), (5), (5A) and (5B) of the Road Management Act 2004 omit "as if VicRoads were the responsible road authority". (5) In section 71(6) of the Road Management Act 2004, after "determined" insert "by the Secretary or". 175 Authorised officer's identity card (1) For section 72(1) of the Road Management Act 2004 substitute— "(1) An appointing entity must issue an identity card to each authorised officer the entity appoints.". (2) In section 72(2) of the Road Management Act 2004— (a) in paragraph (a), after "issued;" insert "and"; (b) for paragraph (b) substitute— "(b) state the name of the appointing entity; and". -- 133 of 269 -- Part 7—Amendment of other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 126 Authorised by the Chief Parliamentary Counsel 176 Entry to be reported to the appointing entity (1) In the heading to section 85 of the Road Management Act 2004, for "relevant road authority" substitute "appointing entity". (2) In section 85(1) of the Road Management Act 2004, for "relevant road authority" substitute "appointing entity". 177 Register of exercise of powers of entry In section 86 of the Road Management Act 2004— (a) for "The relevant road authority" substitute "An appointing entity"; (b) for "the relevant road authority" substitute "the appointing entity". 178 Complaints (1) In section 87(1) of the Road Management Act 2004, for "relevant road authority" substitute "appointing entity". (2) In section 87(2) of the Road Management Act 2004, for "relevant road authority" (where twice occurring) substitute "appointing entity". 179 Service of documents In section 88(2) of the Road Management Act 2004, for "relevant road authority" substitute "appointing entity". 180 Confidentiality In section 89(2)(d) of the Road Management Act 2004, for "relevant road authority" substitute "appointing entity". -- 134 of 269 -- Part 7—Amendment of other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 127 Authorised by the Chief Parliamentary Counsel 181 Indexation provision (1) Before section 111(1) of the Road Management Act 2004 insert— "(1AA) This section applies for the purposes of a financial year if the Minister determines that it applies for the purposes of that year.". (2) After section 111(4) of the Road Management Act 2004 insert— "(4A) If subsection (1) does apply for the purposes of a financial year, any increase in the amount resulting from application of the formula in that subsection for the purposes of a subsequent financial year applies only to the amount currently in use for the purposes of section 110.". 182 New Part 8 inserted After Part 7 of the Road Management Act 2004 insert— "Part 8—Transitional provisions— Transport Legislation Amendment Act 2019 136 Definitions In this Part— commencement day means the day on which Division 4 of Part 2 of the Transport Legislation Amendment Act 2019 comes into operation; VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010. -- 135 of 269 -- Part 7—Amendment of other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 128 Authorised by the Chief Parliamentary Counsel 137 Application of Interpretation of Legislation Act 1984 Except where the contrary intention appears, this Part, and any regulations made under this Part, do not affect or take away from the Interpretation of Legislation Act 1984. 138 Things done by VicRoads as a road authority before commencement day (1) Anything done by VicRoads in the performance of a function or duty, or exercise of a power, under this Act as a coordinating road authority before the commencement day is taken, on that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, as a coordinating road authority under this Act. (2) Anything done by VicRoads in the performance of a function or duty, or exercise of a power, under this Act as a responsible road authority before the commencement day is taken, on that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, as a responsible road authority under this Act. (3) Anything done by VicRoads in the performance of a function or duty, or exercise of a power, under this Act as a State road authority (except the exercise of the power under section 71(2) or section 96(1)(b)) before the commencement day is taken, on that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, as a State road authority under this Act. -- 136 of 269 -- Part 7—Amendment of other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 129 Authorised by the Chief Parliamentary Counsel 139 Things commenced but not completed by VicRoads as a road authority before commencement day (1) This section applies if, before the commencement day, VicRoads, in the performance of a function or duty, or exercise of a power, under this Act as a coordinating road authority, responsible road authority or State road authority, has commenced to do a thing and has not completed that thing before that day. (2) On and after the commencement day, the Head, Transport for Victoria must complete that thing and, for the purposes of this section, anything done by VicRoads before that day is taken to have been done by the Head, Transport for Victoria. 140 Superseded references A reference to VicRoads in this Act or in any instrument (including a subordinate instrument) made under or for the purposes of this Act, or any other document (by whatever name) prepared or made under or for the purposes of this Act, must be construed as a reference to the Head, Transport for Victoria— (a) so far as the reference relates to any period on or after the commencement day; and (b) if not inconsistent with the subject matter. -- 137 of 269 -- Part 7—Amendment of other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 130 Authorised by the Chief Parliamentary Counsel 141 Authorised officers authorised by VicRoads continue to be authorised officers An officer or employee of VicRoads who has been authorised by VicRoads under section 71(1) before the commencement day to be an authorised officer, and whose authorisation is in effect immediately before that day, is taken, on that day, to be an authorised officer authorised by the Secretary. 142 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Transport Legislation Amendment Act 2019, including any repeals and amendments made by or as a result of the enactment of that Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or after a date not earlier than the day on which the Transport Legislation Amendment Act 2019 receives the Royal Assent; (b) be of limited or general application; (c) differ according to time, place or circumstances; (d) leave any matter or thing to be decided by a specified person or class of person. -- 138 of 269 -- Part 7—Amendment of other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 131 Authorised by the Chief Parliamentary Counsel (3) To the extent to which any provision of the regulations under this section takes effect from a date that is earlier than the date of its making, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making. (4) Regulations under this section have effect despite anything to the contrary in— (a) this Act or any other Act (other than the Transport Legislation Amendment Act 2019 or the Charter of Human Rights and Responsibilities Act 2006); or (b) any subordinate instrument. (5) The following are not required for any proposed statutory rule that is to be made under this section— (a) consultation under section 6 of the Subordinate Legislation Act 1994; (b) the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994. (6) This section expires on the second anniversary of the day on which it comes into operation.". -- 139 of 269 -- Part 7—Amendment of other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 132 Authorised by the Chief Parliamentary Counsel 183 Consequential amendments—Schedule 3 On the commencement of an item, or a provision of an item, in Schedule 3, the Road Management Act 2004 is amended as set out in that item or provision. Division 2—Amendment of Transport (Compliance and Miscellaneous) Act 1983 184 New Division 15 of Part VIII inserted After Division 14 of Part VIII of the Transport (Compliance and Miscellaneous) Act 1983 insert— "Division 15—Savings and transitional arrangements—Transport Legislation Amendment Act 2019 364 Application of Interpretation of Legislation Act 1984 Except where the contrary intention appears, any regulations made under this Division do not affect or take away from the Interpretation of Legislation Act 1984. 365 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Transport Legislation Amendment Act 2019, including any repeals and amendments made by or as a result of the enactment of that Act. -- 140 of 269 -- Part 7—Amendment of other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 133 Authorised by the Chief Parliamentary Counsel (2) Regulations made under this section may— (a) have a retrospective effect to a day on or after a date not earlier than the day on which the Transport Legislation Amendment Act 2019 receives the Royal Assent; (b) be of limited or general application; (c) differ according to time, place or circumstances; (d) leave any matter or thing to be decided by a specified person or class of person. (3) To the extent to which any provision of the regulations under this section takes effect from a date that is earlier than the date of its making, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making. (4) Regulations under this section have effect despite anything to the contrary in— (a) this Act or any other Act (other than the Transport Legislation Amendment Act 2019 or the Charter of Human Rights and Responsibilities Act 2006); or (b) any subordinate instrument. -- 141 of 269 -- Part 7—Amendment of other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 134 Authorised by the Chief Parliamentary Counsel (5) The following are not required for any proposed statutory rule that is to be made under this section— (a) consultation under section 6 of the Subordinate Legislation Act 1994; (b) the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994. (6) This section expires on the second anniversary of the day on which it comes into operation.". Division 3—Amendment of Emergency Management Act 2013 185 Nomination of Industry Accountable Officer (1) After section 74I(2) of the Emergency Management Act 2013 insert— "(2A) If the Head, Transport for Victoria is a responsible entity, the natural person nominated under subsection (1) by it must be— (a) the entity Head of the Head, Transport for Victoria appointed under section 64AE of the Transport Integration Act 2010; or (b) an employee in the Department of Transport who— (i) in the opinion of the Secretary to that Department has the appropriate knowledge and skills to perform the functions of the Industry Accountable Officer in respect of the vital critical infrastructure of the Head, Transport for Victoria; and -- 142 of 269 -- Part 7—Amendment of other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 135 Authorised by the Chief Parliamentary Counsel (ii) has been approved by the Minister administering the Transport Integration Act 2010 to perform those functions.". (2) After section 74I(3) of the Emergency Management Act 2013 insert— "(4) In this section— Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010.". Division 4—Amendment of other Acts 186 Consequential amendments—Schedule 4 An Act specified in the heading to an item in Schedule 4 is amended, on the commencement of that item, or provision of that item, as set out in the item or provision. -- 143 of 269 -- Part 8—National Heavy Vehicle Regulator authorised officer staff amendments Transport Legislation Amendment Act 2019 No. 49 of 2019 136 Authorised by the Chief Parliamentary Counsel Part 8—National Heavy Vehicle Regulator authorised officer staff amendments Division 1—Amendment of Road Management Act 2004 187 Authorised officers In section 71(1) of the Road Management Act 2004, after "VicRoads" insert ", or a member of the staff of the Regulator within the meaning of the Heavy Vehicle National Law (Victoria),". Division 2—Amendment of Road Safety Act 1986 188 Power to inspect motor vehicles and trailers After section 13(6)(b) of the Road Safety Act 1986 insert— "(ba) a member of staff of the Regulator authorised by the Secretary for the purposes of this section; or". 189 Seizure of number plates In section 16(2) of the Road Safety Act 1986— (a) in paragraph (b), for "section." substitute "section; or"; (b) after paragraph (b) insert— "(c) a member of staff of the Regulator authorised by the Secretary for the purposes of this section.". 190 Preliminary breath tests (1) In section 53(2) of the Road Safety Act 1986, after "Victoria," insert "or a member of staff of the Regulator authorised in writing, by the Secretary,". -- 144 of 269 -- Part 8—National Heavy Vehicle Regulator authorised officer staff amendments Transport Legislation Amendment Act 2019 No. 49 of 2019 137 Authorised by the Chief Parliamentary Counsel (2) In section 53(3) of the Road Safety Act 1986, after "Department" insert "or the member of staff of the Regulator". 191 General duty of driver or person in charge of motor vehicle (1) After section 59(1)(a)(ia) of the Road Safety Act 1986 insert— "(ib) a member of staff of the Regulator authorised in writing by the Secretary for that purpose (an authorised Regulator employee); or". (2) In section 59(1)(c) and (d) of the Road Safety Act 1986, after "(being an officer of the Corporation authorised in writing by the Corporation in that behalf)" insert "or a member of staff of the Regulator authorised in writing by the Secretary for that purpose". (3) In section 59(4)(b)(i) of the Road Safety Act 1986, after "Department" insert "or an authorised Regulator employee". (4) In section 59(7) of the Road Safety Act 1986, after "(being an officer of the Corporation authorised in writing by the Corporation in that behalf)" insert "or a member of staff of the Regulator authorised in writing by the Secretary for that purpose". 192 Offence to sell, use or possess anti-speed measuring devices (1) For section 74(2) of the Road Safety Act 1986 substitute— "(2) A person must, if required to do so by a police officer or an authorised officer, surrender to that police officer or officer any device referred to in subsection (1). Penalty: 5 penalty units.". -- 145 of 269 -- Part 8—National Heavy Vehicle Regulator authorised officer staff amendments Transport Legislation Amendment Act 2019 No. 49 of 2019 138 Authorised by the Chief Parliamentary Counsel (2) After section 74(4) of the Road Safety Act 1986 insert— "(5) In this section— authorised officer means— (a) an officer of the Corporation authorised in writing by the Corporation for the purposes of this section; or (b) an employee in the Department authorised in writing by the Secretary or the Head, Transport for Victoria for the purposes of this section; or (c) a member of staff of the Regulator authorised in writing by the Secretary for the purposes of this section.". 193 Authorisation of authorised officers In section 112(1) of the Road Safety Act 1986, after "Department" insert ", and the Secretary may authorise a member of staff of the Regulator,". Division 3—Amendment of Heavy Vehicle National Law Application Act 2013 194 Exclusion of legislation of this jurisdiction (1) After section 5(4) of the Heavy Vehicle National Law Application Act 2013 insert— "(4A) The following Acts of this jurisdiction do not apply to a relevant authorised officer when the officer is performing a function or exercising a power under the Road Management Act 2004 or the Road Safety Act 1986— -- 146 of 269 -- Part 8—National Heavy Vehicle Regulator authorised officer staff amendments Transport Legislation Amendment Act 2019 No. 49 of 2019 139 Authorised by the Chief Parliamentary Counsel (a) the Audit Act 1994; (b) the Financial Management Act 1994; (c) the Freedom of Information Act 1982; (d) the Monetary Units Act 2004; (e) the Privacy and Data Protection Act 2014; (f) the Public Administration Act 2004; (g) the Public Records Act 1973.". (2) In section 5(5) of the Heavy Vehicle National Law Application Act 2013— (a) in the definition of public sector employee, for "2004." substitute "2004;"; (b) after the definition of public sector employee insert— "relevant authorised officer means a member of staff of the Regulator who is— (a) an authorised officer within the meaning of the Road Management Act 2004; or (b) an authorised officer for the purposes of section 13, 16, 74 or Part 9 of the Road Safety Act 1986; or (b) authorised for the purposes of section 53 or 59 of the Road Safety Act 1986.". -- 147 of 269 -- Part 8—National Heavy Vehicle Regulator authorised officer staff amendments Transport Legislation Amendment Act 2019 No. 49 of 2019 140 Authorised by the Chief Parliamentary Counsel 195 New section 9A inserted After section 9 of the Heavy Vehicle National Law Application Act 2013 insert— '9A Additional function of the Regulator Section 659 of the Heavy Vehicle National Law (Victoria) applies as if after section 659(2)(n) there were inserted— "(o) to make available members of staff of the Regulator to be— (i) authorised officers within the meaning of the Road Management Act 2004; or (ii) authorised officers for the purposes of section 13, 16, 74 or Part 9 of the Road Safety Act 1986; or (iii) authorised for the purposes of section 53 or 59 of the Road Safety Act 1986; (iv) authorised by or under a prescribed Act to perform functions or exercise powers under that Act.".'. -- 148 of 269 -- Part 8A—Amendment of Commercial Passenger Vehicle Industry Act 2017 Transport Legislation Amendment Act 2019 No. 49 of 2019 141 Authorised by the Chief Parliamentary Counsel Part 8A—Amendment of Commercial Passenger Vehicle Industry Act 2017 195A New sections 267A and 267B inserted Before section 268 of the Commercial Passenger Vehicle Industry Act 2017 insert— "267A Advertising offers for the provision of commercial passenger vehicle services in certain cases prohibited (1) A person commits an offence if the person advertises in any way an offer for the provision of a commercial passenger vehicle service and— (a) the motor vehicle to be used for the purpose of providing the commercial passenger vehicle service is not a commercial passenger vehicle; or (b) the person is not an accredited driver. (2) A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units for an individual or 300 penalty units for a body corporate. (3) This section does not apply to a person carrying out an activity set out in section 267B(1)(b). 267B Making offers in a certain way, or displaying offers on one's person, for the provision of commercial passenger vehicle services prohibited (1) A person must not— (a) directly approach another person and offer the provision of a commercial passenger vehicle service; or -- 149 of 269 -- Part 8A—Amendment of Commercial Passenger Vehicle Industry Act 2017 Transport Legislation Amendment Act 2019 No. 49 of 2019 142 Authorised by the Chief Parliamentary Counsel (b) display on or about their person, in any way, an offer for the provision of a commercial vehicle passenger service; or (c) offer the provision of a commercial passenger vehicle service through an activity that is prescribed. Penalty: 60 penalty units. (2) Subsection (1)(a) or (c) does not apply to a person who facilitates the provision of a commercial passenger vehicle service to a person at a place designated as a place where a commercial passenger vehicle may pick up passengers for the provision of the commercial passenger vehicle service. (3) A person does not commit an offence against subsection (1) in relation to an activity referred to in subsection (1)(a), (b) or (c) if the activity is— (a) a prescribed activity; or (b) carried out in the prescribed circumstances.". -- 150 of 269 -- Part 9—Repeal of this Act Transport Legislation Amendment Act 2019 No. 49 of 2019 143 Authorised by the Chief Parliamentary Counsel Part 9—Repeal of this Act 196 Repeal of this Act This Act is repealed on 30 June 2022. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). -- 151 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 144 Authorised by the Chief Parliamentary Counsel Schedule 1—Consequential amendments to Road Safety Act 1986 Section 116 1 In section 3(1)— (a) in the definitions of alcohol interlock condition direction, approved alcohol interlock and approved alcohol interlock supplier, for "Corporation" substitute "Secretary"; (b) in the definition of approved provider, in paragraphs (a) and (b), for "Corporation" substitute "Secretary"; (c) for the definition of authorised officer substitute— "authorised officer means an employee in the Department authorised in writing by the Secretary under section 112;"; (d) in the definition of chassis number, in paragraph (b), for "Corporation" substitute "Secretary"; (e) the definition of Corporation is repealed; (f) in the definition of corresponding Authority, for "Corporation" substitute "Secretary"; (g) for the definition of Department substitute— "Department means the Department of Transport;"; (h) in the definition of driver base, in paragraphs (a)(ii)(A) and (b)(ii)(A), for "Corporation" substitute "Secretary"; (i) in the definition of first-stage behaviour change program, for "Corporation" substitute "Secretary"; -- 152 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 145 Authorised by the Chief Parliamentary Counsel (j) in the definitions of GCM and GVM, in paragraph (b), for "Corporation" substitute "Secretary"; (k) in the definition of licence eligibility order, for "Corporation" substitute "Secretary"; (l) in the definition of miniaturised motor cycle, in paragraph (b), for "Corporation" substitute "Secretary"; (m) in the definition of prosecution officer, paragraph (b) is repealed; (n) in the definition of registration number, for "Corporation" substitute "Secretary"; (o) in the definition of second-stage behaviour change program, for "Corporation" substitute "Secretary"; (p) for the definition of Secretary substitute— "Secretary means the Secretary to the Department of Transport;"; (q) in the definition of vehicle identification number, in paragraph (b), for "Corporation" substitute "Secretary". 2 In the heading to Division 1 of Part 2, for "Corporation" substitute "Secretary". 3 Insert the following heading to section 5AA— "Functions of Secretary". 4 In section 5AA, for "Corporation" substitute "Secretary". 5 Insert the following heading to section 5AB— "Powers of Secretary". 6 In section 5AB— (a) in subsection (1)— (i) for "its" substitute "the Secretary's"; -- 153 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 146 Authorised by the Chief Parliamentary Counsel (ii) for "Corporation" (where twice occurring) substitute "Secretary"; (b) in subsection (2), for "Corporation" substitute "Secretary". 7 In section 5AC(1) and (4), for "Corporation" substitute "Secretary". 8 In section 5AD(1)(a), (b) and (c), (3), (4)(a), (5) and (6), for "Corporation" substitute "Secretary". 9 In section 5AE— (a) in subsection (1), for "Corporation" (where twice occurring) substitute "Secretary"; (b) in subsection (2), for "Corporation" substitute "Secretary". 10 Insert the following heading to section 6A— "Secretary not to register vehicles based outside Victoria". 11 In section 6A— (a) for "Corporation" substitute "Secretary"; (b) for "it" substitute "the Secretary". 12 In section 9AA(1) and (1A), for "Corporation" substitute "Secretary". 13 In section 9AB, for "Corporation" substitute "Secretary". 14 In section 9AC(1) and (2), for "Corporation" substitute "Secretary". 15 In section 9AD, for "Corporation" (where twice occurring) substitute "Secretary". 16 In section 9AE(1) and (2), for "Corporation" substitute "Secretary". 17 In section 9AF, for "Corporation" (where twice occurring) substitute "Secretary". -- 154 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 147 Authorised by the Chief Parliamentary Counsel 18 In section 9AG— (a) in subsection (1), for "Corporation" (wherever occurring) substitute "Secretary"; (b) in subsection (2)— (i) in paragraph (a), for "Corporation" (where twice occurring) substitute "Secretary"; (ii) in paragraph (b), for "Corporation" (where twice occurring) substitute "Secretary". 19 In section 9A(2)(a), (c) and (d), for "Corporation" substitute "Secretary". 20 In section 9B, for "Corporation" substitute "Secretary". 21 In section 12(1), (2)(b) and (c) and (3), for "Corporation" substitute "Secretary". 22 Section 13(6)(a) is repealed. 23 In section 15A— (a) in subsection (1)— (i) for "Corporation" substitute "Secretary"; (ii) for "it" substitute "the Secretary"; (b) in subsections (1A), (2), (3), (5), (6), (7) and (8)(b) and (c), for "Corporation" substitute "Secretary"; (c) in subsection (9)— (i) for "Corporation" (where first occurring) substitute "Secretary"; (ii) in paragraph (a), for "Corporation" (where twice occurring) substitute "Secretary"; -- 155 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 148 Authorised by the Chief Parliamentary Counsel (d) in subsection (10), for "Corporation" substitute "Secretary". 24 In section 16— (a) in subsection (1), for "Corporation" substitute "Secretary"; (b) in subsection (1A)— (i) for "officer of the Corporation authorised by the Corporation" substitute "employee in the Department authorised by the Secretary"; (ii) in paragraph (a), for "Corporation" substitute "Secretary"; (iii) for "Corporation or retain" substitute "Secretary or retain"; (c) for subsection (2)(a) substitute— "(a) an officer or agent of the Transport Accident Commission authorised in writing by the Secretary for the purposes of this section; or". 25 In section 16D— (a) in subsection (1), for "Corporation" substitute "Secretary"; (b) for subsection (2A) substitute— "(2A) In entering a vehicle on the register of written-off vehicles, the Secretary— (a) is entitled to rely on a determination made by an insurer or self-insurer under section 16C(1)(b) that a written-off vehicle is a statutory write-off or a repairable write-off; and -- 156 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 149 Authorised by the Chief Parliamentary Counsel (b) is not required to make any enquiries in relation to the matter before entering the vehicle on the register."; (c) in subsection (4)— (i) in paragraph (b), for "Corporation" substitute "Secretary"; (ii) for "Corporation" (where secondly occurring) substitute "Secretary". 26 In section 16E(1), (2)(a), (3)(b) and (c) and (4), for "Corporation" substitute "Secretary". 27 In section 16F— (a) in subsection (1), for "Corporation" substitute "Secretary"; (b) in subsection (2)— (i) for "Corporation" (where first occurring) substitute "Secretary"; (ii) in paragraph (b), for "Corporation" substitute "Secretary"; (c) in subsection (3), for "Corporation" substitute "Secretary"; (d) in subsection (4)— (i) for "Corporation" (where first occurring) substitute "Secretary"; (ii) in paragraph (b), for "Corporation" substitute "Secretary". 28 In the heading to section 16G, for "Corporation" substitute "Secretary". 29 In section 16G— (a) in subsection (1), for "Corporation" substitute "Secretary"; -- 157 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 150 Authorised by the Chief Parliamentary Counsel (b) in subsection (2)— (i) for "Corporation" (where first occurring) substitute "Secretary"; (ii) in paragraph (b), for "Corporation" substitute "Secretary". 30 In note 2 at the foot of section 16G, for "Corporation" substitute "Secretary". 31 In section 18(3)(c)(ii), for "Corporation" substitute "Secretary". 32 In section 18A(1)(b), for "Corporation" substitute "Secretary". 33 In the heading to section 18B, for "Corporation" substitute "Secretary". 34 In section 18B— (a) in subsections (1)(a) and (2), for "Corporation" substitute "Secretary"; (b) in subsection (3)— (i) for "Corporation" (where first and secondly occurring) substitute "Secretary"; (ii) in paragraph (a), for "Corporation" substitute "Secretary"; (c) in subsection (4), for "Corporation" substitute "Secretary". 35 In the heading to section 18C, for "Corporation" substitute "Secretary". 36 In section 18C, for "Corporation" (where twice occurring) substitute "Secretary". 37 In section 19— (a) in subsection (1)— (i) for "Corporation" substitute "Secretary"; -- 158 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 151 Authorised by the Chief Parliamentary Counsel (ii) for "it" substitute "the Secretary"; (b) in subsection (2), for "Corporation" substitute "Secretary"; (c) in subsection (3A)— (i) for "its" substitute "the Secretary's"; (ii) for "Corporation" substitute "Secretary"; (d) in subsection (4A), for "Corporation" (where twice occurring) substitute "Secretary". 38 In section 19A, for "Corporation" substitute "Secretary". 39 In section 19B— (a) for "Corporation" (where twice occurring) substitute "Secretary"; (b) for "2014.." substitute "2014.". 40 In section 20— (a) in subsection (1), for "Corporation" (where twice occurring) substitute "Secretary"; (b) in subsection (3), for "Corporation" (where first occurring) substitute "Secretary"; (c) in subsection (3)(c)— (i) for "it" substitute "the Secretary"; (ii) in subparagraphs (i) and (iii), for "Corporation" substitute "Secretary". 41 In section 21— (a) in subsection (1)(b), for "Corporation" substitute "Secretary"; -- 159 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 152 Authorised by the Chief Parliamentary Counsel (b) in subsection (2)— (i) for "Corporation" (where first occurring) substitute "Secretary"; (ii) in paragraph (b), for "Corporation" substitute "Secretary"; (c) in subsections (3)(e) and (6)(b), for "Corporation" substitute "Secretary". 42 In section 22— (a) in subsection (1)— (i) for "Corporation" substitute "Secretary"; (ii) for "it" substitute "the Secretary"; (b) in subsection (3), for "Corporation" substitute "Secretary". 43 In section 23, for "Corporation" substitute "Secretary". 44 In the heading to section 23A, for "Corporation" substitute "Secretary". 45 In section 23A, for "Corporation" substitute "Secretary". 46 In section 23B— (a) in subsection (1), for "Corporation" substitute "Secretary"; (b) in the example at the foot of subsection (1), for "Corporation" substitute "Secretary"; (c) in subsections (2) and (3), for "Corporation" (where twice occurring) substitute "Secretary". 47 Insert the following heading to section 24— "Cancellation, suspension or variation of licences and permits by Secretary". -- 160 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 153 Authorised by the Chief Parliamentary Counsel 48 In section 24— (a) in subsection (1), for "Corporation" substitute "Secretary"; (b) in subsection (1A), for "Corporation" (where twice occurring) substitute "Secretary"; (c) in subsection (1B), for "Corporation" substitute "Secretary"; (d) in subsection (2)— (i) for "Corporation" substitute "Secretary"; (ii) in paragraph (a), for "it" substitute "the Secretary"; (e) in subsection (3), for "Corporation" substitute "Secretary". 49 In section 25(3) and (6), for "Corporation" substitute "Secretary". 50 In section 25A— (a) in subsection (2), for "Corporation" substitute "Secretary"; (b) in the note at the foot of subsection (2), for "Corporation" substitute "Secretary". 51 In section 26— (a) in subsections (1), (2)(b) and (c), (3), (3A), (4) and (5), for "Corporation" substitute "Secretary"; (b) in subsection (5)(b), for "it" substitute "the Secretary". 52 Insert the following heading to section 27— "Power of Secretary to require tests to be undergone". -- 161 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 154 Authorised by the Chief Parliamentary Counsel 53 In section 27— (a) in subsections (1), (1A) and (2)(c), for "Corporation" substitute "Secretary"; (b) in subsection (3)— (i) for "Corporation" (where first occurring) substitute "Secretary"; (ii) in paragraph (b), for "Corporation" substitute "Secretary"; (c) in subsections (4) and (5), for "Corporation" substitute "Secretary". 54 In section 28(3), for "Corporation" substitute "Secretary". 55 In section 28A(1), for "Corporation" substitute "Secretary". 56 In section 30(1), for "Corporation" substitute "Secretary". 57 In section 31— (a) in subsections (1) and (3)(b), for "Corporation" substitute "Secretary"; (b) in subsection (4), for "Corporation" (where twice occurring) substitute "Secretary". 58 In section 31A(1), for "Corporation" substitute "Secretary". 59 In section 31E(1)(a) and (1A), for "Corporation" substitute "Secretary". 60 In section 31I(2), in the definition of relevant disqualification, in paragraph (b), for "Corporation" substitute "Secretary". 61 In the heading to section 31J, for "Corporation" substitute "Secretary". -- 162 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 155 Authorised by the Chief Parliamentary Counsel 62 In section 31J, for "Corporation" substitute "Secretary". 63 In section 31KA— (a) in subsection (2), for "Corporation" substitute "Secretary"; (b) in subsection (3), for "Corporation" (where twice occurring) substitute "Secretary". 64 In section 31KB— (a) in subsection (2), for "Corporation" substitute "Secretary"; (b) in subsection (3), for "Corporation" (where twice occurring) substitute "Secretary"; (c) in subsections (6)(b) and (7)(b)(ii), for "Corporation" substitute "Secretary"; (d) in subsection (8), for "Corporation" (where twice occurring) substitute "Secretary". 65 In section 33(2)(b), for "lead transport agency's" substitute "Head, Transport for Victoria's". 66 In section 33C(1), (2)(a) and (c)(ii) and (3), for "Corporation" substitute "Secretary". 67 In section 33D— (a) in subsection (1), for "Corporation" substitute "Secretary"; (b) in subsection (2)— (i) for "Corporation" (where first occurring) substitute "Secretary"; (ii) in paragraphs (c) and (g), for "Corporation" substitute "Secretary"; -- 163 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 156 Authorised by the Chief Parliamentary Counsel (c) in subsection (3), for "Corporation" substitute "Secretary"; (d) in subsection (4), for "Corporation" (where twice occurring) substitute "Secretary". 68 In section 33G— (a) in subsection (1)(a), for "Corporation" (where twice occurring) substitute "Secretary"; (b) in subsection (3), for "Corporation" substitute "Secretary". 69 In section 33H— (a) in subsection (1)— (i) for "Corporation" substitute "Secretary"; (ii) omit "granted by it"; (b) in subsection (1)(a), for "it" substitute "the Secretary"; (c) in subsection (2), for "Corporation" substitute "Secretary". 70 In the heading to section 33K, for "Corporation" substitute "Secretary". 71 In section 33K— (a) in subsections (1) and (2)(b), for "Corporation" substitute "Secretary"; (b) in subsection (3)— (i) for "Corporation" (where first occurring) substitute "Secretary"; (ii) in paragraph (b), for "Corporation" substitute "Secretary"; (c) in subsection (4), for "Corporation" substitute "Secretary". -- 164 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 157 Authorised by the Chief Parliamentary Counsel 72 In the heading to section 33L, for "Corporation" substitute "Secretary". 73 In section 33L(1) and (2), for "Corporation" substitute "Secretary". 74 In section 34, in the definitions of demerit point option notice and disqualification notice, for "Corporation" substitute "Secretary". 75 In section 35(1) and (2), for "Corporation" substitute "Secretary". 76 In section 36— (a) in subsections (1) and (1A), for "Corporation" substitute "Secretary"; (b) in the note at the foot of subsection (1A), for "Corporation" substitute "Secretary"; (c) in subsections (2)(c) and (3), for "Corporation" substitute "Secretary"; (d) in subsection (4), for "Corporation" (where twice occurring) substitute "Secretary". 77 In section 37(2), for "Corporation" substitute "Secretary". 78 In section 38(1), for "Corporation" substitute "Secretary". 79 In section 39(1)(a) and (2), for "Corporation" substitute "Secretary". 80 In section 40— (a) in subsections (1)(a) and (2), for "Corporation" substitute "Secretary"; (b) in the example at the foot of subsection (2)(a), for "Corporation" substitute "Secretary"; -- 165 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 158 Authorised by the Chief Parliamentary Counsel (c) in subsections (3) and (4), for "Corporation" substitute "Secretary". 81 In section 41— (a) in subsections (1) and (2), for "Corporation" substitute "Secretary"; (b) in subsection (3), for "Corporation" (where twice occurring) substitute "Secretary"; (c) in subsection (5), for "Corporation" substitute "Secretary". 82 In section 41A— (a) in subsections (1), (3) and (5), for "Corporation" (where twice occurring) substitute "Secretary"; (b) in subsection (6), for "Corporation" substitute "Secretary". 83 In section 42— (a) in subsections (1), (2), (2A)(a) and (b) and (3), for "Corporation" substitute "Secretary"; (b) in subsection (5), for "Corporation" (where twice occurring) substitute "Secretary"; (c) in the example at the foot of subsection (5), for "Corporation" substitute "Secretary". 84 In section 43(2)— (a) for "Corporation" substitute "Secretary"; (b) for "it" (where first occurring) substitute "the Secretary". 85 In section 44(1) and (2), for "Corporation" substitute "Secretary". -- 166 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 159 Authorised by the Chief Parliamentary Counsel 86 In section 45(2)(b) and (3), for "Corporation" substitute "Secretary". 87 In section 46(1) and (3), for "Corporation" substitute "Secretary". 88 In section 46A(1), for "Corporation" substitute "Secretary". 89 In section 46B(2) and (3), for "Corporation" substitute "Secretary". 90 In section 46C(2)— (a) for "Corporation" substitute "Secretary"; (b) for "it" (where first occurring) substitute "the Secretary". 91 In section 46F, for "Corporation" substitute "Secretary". 92 In section 46H— (a) in subsections (1), (2) and (3)(b)(i), for "Corporation" substitute "Secretary"; (b) in the note at the foot of subsection (3)(b), for "Corporation" substitute "Secretary"; (c) in subsections (5) and (7), for "Corporation" substitute "Secretary". 93 In section 46I(3)(b) and (5), for "Corporation" substitute "Secretary". 94 In section 48(4), for "or an officer of the Corporation" substitute ", the Secretary or an employee in the Department". 95 In note 1 at the foot of section 50, for "Corporation" substitute "Secretary". 96 In section 50AAA— (a) in subsections (2) and (3), for "Corporation that it" substitute "Secretary that the Secretary"; -- 167 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 160 Authorised by the Chief Parliamentary Counsel (b) in subsection (4), for "Corporation" substitute "Secretary". 97 In section 50AAAB— (a) for "Corporation" (wherever occurring) substitute "Secretary"; (b) in subsections (5) and (7), for "it" substitute "the Secretary"; (c) in subsection (7)(a), for "Corporation's" substitute "Secretary's". 98 In section 50AAAC, for "Corporation" (wherever occurring) substitute "Secretary". 99 In section 50AAAD— (a) for "Corporation" (wherever occurring) substitute "Secretary"; (b) in subsection (2)(a) and (b), for "it" substitute "the Secretary". 100 In section 50AAAE— (a) for "Corporation" (wherever occurring) substitute "Secretary"; (b) in subsection (7)(a), for "Corporation's" substitute "Secretary's". 101 In section 50AAAF, for "Corporation" (wherever occurring) substitute "Secretary". 102 In section 50AAC(1), for "Corporation" substitute "Secretary". 103 In the heading to section 50AACB, for "Corporation" substitute "Secretary". 104 In section 50AACB, for "Corporation" substitute "Secretary". 105 In section 50AAE— (a) in subsections (1), (2) and (2A), for "Corporation" substitute "Secretary"; -- 168 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 161 Authorised by the Chief Parliamentary Counsel (b) in subsection (3)— (i) for "Corporation" (where first occurring) substitute "Secretary"; (ii) for "it" (where first occurring) substitute "the Secretary"; (iii) in paragraph (b)(iv), for "Corporation" substitute "Secretary"; (c) in subsection (3B)(a), for "Corporation" substitute "Secretary"; (d) in subsection (4), for "Corporation" (where twice occurring) substitute "Secretary"; (e) in subsection (5)— (i) for "Corporation" (where first occurring) substitute "Secretary"; (ii) for "it" (where first occurring) substitute "the Secretary"; (iii) in paragraphs (f) and (h), for "Corporation" substitute "Secretary"; (f) in subsection (6)— (i) for "Corporation" substitute "Secretary"; (ii) for "it" substitute "the Secretary"; (g) in subsection (7), for "Corporation" (where twice occurring) substitute "Secretary"; (h) in subsection (8)— (i) for "Corporation" substitute "Secretary"; (ii) for "it" (where first occurring) substitute "the Secretary"; -- 169 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 162 Authorised by the Chief Parliamentary Counsel (i) in subsection (9), for "Corporation" substitute "Secretary". 106 In section 50AAEA— (a) for "Corporation" (wherever occurring) substitute "Secretary"; (b) in subsection (2)(a), for "it" substitute "the Secretary". 107 In section 50AAEB(2)(a) and (b), for "Corporation" substitute "Secretary". 108 In section 50AAF, for "Corporation" (wherever occurring) substitute "Secretary". 109 In section 50AAG(1), for "Corporation" (wherever occurring) substitute "Secretary". 110 In section 50AAH, for "Corporation" (wherever occurring) substitute "Secretary". 111 In section 50AAI, for "Corporation" (wherever occurring) substitute "Secretary". 112 In section 50AAIA, for "Corporation" (wherever occurring) substitute "Secretary". 113 In section 50AAIB(1), for "Corporation" substitute "Secretary". 114 In section 50AAIB(2), for "Corporation" (wherever occurring) substitute "Secretary". 115 In section 50AAIB(3)— (a) for "its" substitute "the Secretary's"; (b) for "Corporation" substitute "Secretary"; (c) in paragraph (b)— (i) for "itself" substitute "themself"; (ii) for "it" substitute "the Secretary". -- 170 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 163 Authorised by the Chief Parliamentary Counsel 116 For section 50AAIB(4) substitute— "(4) Subject to this section, the procedure on any inquiry under this section is at the discretion of the Secretary.". 117 In section 50AAJ(1) and (1A), for "Corporation" substitute "Secretary". 118 In section 50AAKA(2)— (a) for "Corporation" substitute "Secretary"; (b) in paragraph (a), for "it of the functions conferred on it by the Road Safety Amendment Act 2014" substitute "the Secretary of the relevant functions". 119 In section 50AAKA(3)(c) and (d), (5) and (7), for "Corporation" substitute "Secretary". 120 In section 50AAKA(8), for "Corporation must be paid by the Corporation into its general fund" substitute "Secretary must be paid by the Secretary into the Roads Fund or another account or fund determined by the Treasurer or Minister administering Part 7 of the Financial Management Act 1994". 121 After section 50AAKA(9) insert— "(10) In this section— relevant functions means the functions conferred on the Corporation by the Road Safety Amendment Act 2014 that have been conferred on the Secretary by the Transport Legislation Amendment Act 2019.". 122 In section 51— (a) in subsections (1) and (2), for "officer of the Corporation" (wherever occurring) substitute "employee in the Department"; -- 171 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 164 Authorised by the Chief Parliamentary Counsel (b) in subsections (4), (9A) and (13), for "Corporation" substitute "Secretary". 123 In section 52(1F)— (a) for "Corporation" substitute "Secretary"; (b) for "it" substitute "the Secretary". 124 In section 53— (a) in subsection (2)— (i) for "officer of the Corporation or of the Department" substitute "employee in the Department"; (ii) omit "the Corporation,"; (b) in subsection (3), for "officer of the Corporation or of the Department" substitute "employee in the Department". 125 In section 55(1)— (a) for "officer of the Corporation or of the Department" (wherever occurring) substitute "employee in the Department"; (b) omit "the Corporation,". 126 In section 55A(5), for "Corporation" substitute "Secretary". 127 In section 55BA(9), for "Corporation" substitute "Secretary". 128 In section 55D— (a) in subsection (2)— (i) for "officer of the Corporation or of" substitute "employee in"; (ii) omit "the Corporation or"; (b) in subsection (4)— (i) omit "Corporation or the"; -- 172 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 165 Authorised by the Chief Parliamentary Counsel (ii) for "officer" (where twice occurring) substitute "employee". 129 In section 55E(1), in the definition of authorised officer— (a) paragraph (b) is repealed; (b) in paragraphs (c) and (d), for "officer of the Department of Economic Development, Jobs, Transport and Resources" substitute "employee in the Department". 130 In section 55E(1), in the definition of enforcement officer, for "officer of the Corporation or of the Department of Economic Development, Jobs, Transport and Resources" substitute "employee in the Department". 131 In section 55E(6)— (a) paragraph (b) is repealed; (b) in paragraphs (c) and (d), for "officer of the Department of Economic Development, Jobs, Transport and Resources" substitute "employee in the Department". 132 In section 55E(7), omit "the Corporation or". 133 In section 55E(22)— (a) for "officer of the Corporation or of the Department of Economic Development, Jobs, Transport and Resources" (wherever occurring) substitute "employee in the Department"; (b) in paragraph (b), for "Corporation or signed by the Secretary or the Head, Transport for Victoria" substitute "Head, Transport for Victoria or signed by the Secretary"; -- 173 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 166 Authorised by the Chief Parliamentary Counsel (c) in paragraph (d)— (i) for "Corporation" (where first occurring) substitute "Head, Transport for Victoria"; (ii) omit "or the Head, Transport for Victoria". 134 In section 56(6)(d), for "Corporation" substitute "Secretary". 135 In section 58C— (a) for "Corporation" (wherever occurring) substitute "Secretary"; (b) in subsection (3), for "it" substitute "the Secretary". 136 In the heading to section 58E, for "Corporation" substitute "Secretary". 137 In section 58E, for "Corporation" (wherever occurring) substitute "Secretary". 138 In section 58F— (a) in subsections (2) and (4), for "Corporation" substitute "Secretary"; (b) in the note at the foot of subsection (2), for "Corporation" substitute "Secretary". 139 In section 58H, for "Corporation" (wherever occurring) substitute "Secretary". 140 In the heading to section 58I, for "Corporation" substitute "Secretary". 141 In section 58I— (a) for "Corporation" (wherever occurring) substitute "Secretary"; (b) in the example at the foot of subsection (4), for "Corporation" substitute "Secretary". -- 174 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 167 Authorised by the Chief Parliamentary Counsel 142 In the heading to section 58J, for "Corporation" substitute "Secretary". 143 In section 58J— (a) for "Corporation" (wherever occurring) substitute "Secretary"; (b) in the example at the foot of subsection (3), for "Corporation" substitute "Secretary"; (c) in subsection (4), for "it" substitute "the Secretary". 144 In section 58K— (a) for "Corporation" (wherever occurring) substitute "Secretary"; (b) in subsection (3), for "it" substitute "the Secretary". 145 In section 58L— (a) for "Corporation" (wherever occurring) substitute "Secretary"; (b) in subsection (2), for "it" substitute "the Secretary". 146 In section 58M(1), for "Corporation" substitute "Secretary". 147 In section 58N(1)(b), for "Corporation" substitute "Secretary". 148 In the heading to section 58O, for "Corporation" substitute "the Secretary". 149 In section 58O, for "Corporation" (wherever occurring) substitute "Secretary". 150 In the heading to section 58P, for "Corporation" substitute "Secretary". -- 175 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 168 Authorised by the Chief Parliamentary Counsel 151 In section 58P(1) and (3), for "Corporation" substitute "Secretary". 152 In section 58Q(2)(b), for "Corporation" substitute "Secretary". 153 In section 58R(1), for "Corporation" substitute "Secretary". 154 In section 59— (a) for subsection (1)(a)(i) substitute— "(i) a police officer; or (ia) an employee in the Department authorised in writing by the Secretary for that purpose; or"; (b) in subsection (1)(c) and (d), for "officer of the Corporation (being an officer of the Corporation authorised in writing by the Corporation in that behalf)" substitute "employee in the Department authorised in writing by the Secretary for that purpose"; (c) in subsection (3), for "Corporation" substitute "Secretary"; (d) in subsection (4)(b)(i) omit "of the Corporation or"; (e) in subsection (7), for "officer of the Corporation (being an officer of the Corporation authorised in writing by the Corporation in that behalf)" substitute "employee in the Department authorised in writing by the Secretary for that purpose". 155 In section 60(3)(c)(i) and (ii), for "Corporation" substitute "Secretary". 156 In section 60A(3)(c)(i) and (ii), for "Corporation" substitute "Secretary". -- 176 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 169 Authorised by the Chief Parliamentary Counsel 157 In section 68A— (a) in subsection (1)(b) and (c), for "Corporation" substitute "Head, Transport for Victoria"; (b) in subsection (1)(d), for "Corporation" substitute "Secretary or the Head, Transport for Victoria"; (c) in subsection (1A)(b), for "Corporation" substitute "Head, Transport for Victoria"; (d) in subsection (1A)(c), (2), (3) and (4), for "Corporation" substitute "Secretary or the Head, Transport for Victoria". 158 In section 73(a) and (b), for "Corporation" substitute "Secretary". 159 In section 74(5), in the definition of authorised officer, paragraph (a) is repealed. 160 In section 77— (a) subsection (2)(d) is repealed; (b) in subsection (3)— (i) omit "or an officer of the Corporation"; (ii) omit "or officer of the Corporation". 161 In section 78A(2), for "Corporation" substitute "Secretary". 162 In section 84— (a) in subsection (1), for "Corporation" (wherever occurring) substitute "Secretary"; (b) in subsections (3) and (4A), for "Corporation" substitute "Secretary"; (c) in subsection (4C), for "Corporation" substitute "Secretary or the Department"; (d) in subsection (6), for "officer of the Corporation or of" substitute "employee in"; -- 177 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 170 Authorised by the Chief Parliamentary Counsel (e) in subsection (8), in the definition of authorised person, for "Corporation" substitute "Secretary". 163 In section 84BB— (a) in the definition of corresponding body, for "Corporation" substitute "Secretary"; (b) in the definition of operator, for "Corporation" (wherever occurring) substitute "Secretary". 164 In section 84BL(5), for "Corporation" substitute "Secretary". 165 In the heading to section 84BM, for "Corporation" substitute "Secretary". 166 In section 84BM, for "Corporation" (where twice occurring) substitute "Secretary". 167 In section 84BN, for "Corporation" (wherever occurring) substitute "Secretary". 168 In the heading to section 84BO, for "Corporation" substitute "Secretary". 169 In section 84BO— (a) for "Corporation" (wherever occurring) substitute "Secretary"; (b) in subsection (3), for "it" substitute "the Secretary". 170 In the heading to section 84BP, for "Corporation" substitute "Secretary". 171 In section 84BP(1) and (2), for "Corporation" substitute "Secretary". 172 In section 84BQ— (a) for "Corporation" (wherever occurring) substitute "Secretary"; -- 178 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 171 Authorised by the Chief Parliamentary Counsel (b) in subsection (3), for "it" substitute "the Secretary". 173 In section 84BR— (a) in subsection (1), for "Corporation" (wherever occurring) substitute "Secretary"; (b) in subsection (2)— (i) for "Corporation" substitute "Secretary"; (ii) for "it" substitute "the Secretary". 174 In section 84BS(1), for "Corporation" substitute "Secretary". 175 In section 84BT(1), for "Corporation" substitute "Secretary". 176 In the heading to section 84BU, for "Corporation" substitute "Secretary". 177 In section 84BU, for "Corporation" (wherever occurring) substitute "Secretary". 178 In the heading to section 84BV, for "Corporation" substitute "Secretary". 179 In section 84BV(1) and (3), for "Corporation" substitute "Secretary". 180 In section 84TA(2), for "Corporation" substitute "Secretary". 181 In section 84WA(2), for "Corporation" substitute "Secretary". 182 In section 84Y(1)(d), for "Corporation" substitute "Secretary". 183 In section 84YA(1) and (3), for "Corporation" (wherever occurring) substitute "Secretary". -- 179 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 172 Authorised by the Chief Parliamentary Counsel 184 In the heading to section 84YB, for "Corporation" substitute "Secretary". 185 In section 84YB(1) and (2), for "Corporation" substitute "Secretary". 186 In section 84ZD(3)(a), for "Corporation" substitute "Secretary". 187 In section 84ZQA(1)(a)(iv), for "Corporation" substitute "Secretary". 188 In section 84ZQC(2), for "Corporation" substitute "Secretary". 189 In section 84ZRA(1)(a)(iv), for "Corporation" substitute "Secretary". 190 In section 84ZRB(2), for "Corporation" substitute "Secretary". 191 In section 84ZU(2)(a)(iv), for "Corporation" substitute "Secretary". 192 In section 84ZUA(2), for "Corporation" substitute "Secretary". 193 In section 84ZWA(2), for "Corporation" substitute "Secretary". 194 In section 87(1AF), for "Economic Development, Jobs, Transport and Resources" substitute "Transport". 195 In section 89C(5), for "Corporation" (where twice occurring) substitute "Secretary". 196 In section 89D(4), for "Corporation" (where twice occurring) substitute "Secretary". 197 In section 90I— (a) in the definition of information protection agreement, for "Corporation" substitute "Secretary"; -- 180 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 173 Authorised by the Chief Parliamentary Counsel (b) in the definition of intergovernmental agreement— (i) in paragraph (a)(i) and (ii), for "Corporation" substitute "Secretary"; (ii) in paragraph (b), for "Corporation and another public sector body or other" substitute "Secretary and a public sector body or"; (c) for the definition of relevant person substitute— "relevant person means— (a) the Head, Transport for Victoria; and (b) employees in the Department; and (c) a person who is a delegate or subdelegate of the Secretary; and (d) a person engaged to provide services for the Secretary;". 198 In section 90J(1)(a), (1A)(a), (3) and (4)— (a) for "Corporation" substitute "Secretary"; (b) for "its" substitute "the Secretary's". 199 In section 90K, for "Corporation" (where twice occurring) substitute "Secretary". 200 In section 90L— (a) in subsection (2)— (i) for "Corporation must publish a notice on its website" substitute "Secretary must cause to be published a notice on a website maintained by the Department"; (ii) in paragraph (b), for "Corporation" substitute "Secretary"; -- 181 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 174 Authorised by the Chief Parliamentary Counsel (b) in subsection (3)— (i) for "its" substitute "the"; (ii) for "Corporation" (where first occurring) substitute "Secretary"; (iii) in paragraph (a), for "Corporation" substitute "Secretary". 201 In section 90M, for "Corporation" (wherever occurring) substitute "Secretary". 202 In section 90N, for "Corporation" (wherever occurring) substitute "Secretary". 203 In section 90O, for "Corporation" substitute "Secretary". 204 In the note at the foot of section 90O, for "Corporation" substitute "Secretary". 205 In section 90Q(1), for "Corporation" substitute "Secretary". 206 In section 90R(1), for "Corporation" substitute "Secretary". 207 Section 91 is repealed. 208 In section 93— (a) in subsection (1)(d), for "Corporation" substitute "Secretary"; (b) in the example at the foot of subsection (2), for "Corporation" substitute "Department"; (c) in subsection (5)— (i) in paragraph (b), for "Corporation" substitute "Secretary"; (ii) for "Corporation" (where secondly occurring) substitute "Secretary"; (d) in subsection (6), for "Corporation" (where twice occurring) substitute "Secretary". -- 182 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 175 Authorised by the Chief Parliamentary Counsel 209 In section 93A(1), for "Corporation" substitute "Secretary". 210 In section 93B(1), (2), (3) and (4), for "Corporation" substitute "Secretary". 211 Insert the following heading to section 94— "Approvals by Chief Commissioner or Secretary". 212 In section 94, for "Corporation" substitute "Secretary". 213 In section 95— (a) in subsection (3)(ca), for "Corporation" substitute "Secretary"; (b) in subsection (3B), for "Corporation" (where twice occurring) substitute "Secretary"; (c) in subsections (3F) and (7), for "Corporation" substitute "Secretary". 214 In section 96B(2)(b), for "Corporation" substitute "Secretary". 215 In section 97— (a) in paragraph (a), for "Corporation" (where twice occurring) substitute "Secretary"; (b) in paragraph (b)— (i) for "Corporation" (where first occurring) substitute 'Secretary"; (ii) for "Corporation into its general fund" substitute "Secretary into the Roads Fund or another account or fund determined by the Treasurer or the Minister administering Part 7 of the Financial Management Act 1994". -- 183 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 176 Authorised by the Chief Parliamentary Counsel 216 In section 97A(1) and (2), for "Corporation" substitute "Secretary". 217 In section 112— (a) in subsection (1), for "Corporation may authorise an officer of the Corporation, and the Secretary or the Head, Transport for Victoria may authorise an officer of the Department, and the Secretary may authorise a staff member of the Regulator," substitute "Secretary may authorise an employee in the Department, an officer of the Corporation or a staff member of the Regulator"; (b) in subsections (2), (3) and (4), for "Corporation or Secretary or the Head, Transport for Victoria" substitute "Secretary". 218 In section 112(1) omit ", an officer of the Corporation". 219 For section 113(c) substitute— "(c) in or on any premises— (i) occupied or owned by the Head, Transport for Victoria or by any other public authority; or (ii) occupied by the Secretary or the Department; or". 220 In section 119, in the definition of authorised inspector, in paragraph (a), for "Corporation or the Secretary or the Head, Transport for Victoria" substitute "Secretary". 221 In section 142— (a) in subsection (1)(c)(ii), for "the Corporation or the Secretary or the Head, Transport for Victoria" substitute "the Secretary"; -- 184 of 269 -- Schedule 1—Consequential amendments to Road Safety Act 1986 Transport Legislation Amendment Act 2019 No. 49 of 2019 177 Authorised by the Chief Parliamentary Counsel (b) in subsection (3) omit ", the Head, Transport for Victoria, the Corporation". 222 For section 159(1)(c) substitute— "(c) in or on any premises— (i) occupied or owned by the Head, Transport for Victoria or by any other public authority; or (ii) occupied by the Secretary or the Department; or". 223 In section 190(1), for "Corporation" substitute "Secretary". 224 In section 191E, for "Corporation" substitute "Secretary". 225 In Schedule 2— (a) in item 8, for "Corporation" substitute "Secretary"; (b) in item 12, for "Corporation" (where twice occurring) substitute "Secretary"; (c) in items 13, 15A, 15C, 15D, 15E, 15F, 27, 28, 28A, 37A(b) and (e), 39B, 39C and 41 for "Corporation" substitute "Secretary"; (d) in item 60, for "Corporation" substitute "Secretary or the Head, Transport for Victoria". (e) in items 83, 85, 97, 98, 99 and 100(b) for "Corporation" substitute "Secretary". -- 185 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 178 Authorised by the Chief Parliamentary Counsel Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Section 140 1 In section 3(1)— (a) in paragraph (b) of the definition of allocation body, for "VicRoads" substitute "the Secretary"; (b) in the definition of Department, for "Transport, Planning and Local Infrastructure;" substitute "Transport;"; (c) insert the following definition— "Secretary means Secretary to the Department of Transport;"; (d) the definition of VicRoads is repealed. 2 In section 10(1), (2) and (3), for "VicRoads" substitute "the Secretary". 3 In section 11(1), (2) and (3), for "VicRoads" substitute "the Secretary". 4 In section 12, for "VicRoads" (wherever occurring) substitute "the Secretary". 5 In section 14(5)(a), for "VicRoads" substitute "the Secretary". 6 In section 15(4)(a), for "VicRoads" substitute "the Secretary". 7 In section 17, for "VicRoads" substitute "the Secretary". 8 In section 18, for "VicRoads" (wherever occurring) substitute "the Secretary". 9 In the heading to section 19, for "VicRoads" substitute "the Secretary". -- 186 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 179 Authorised by the Chief Parliamentary Counsel 10 In section 19— (a) in subsection (1), for "VicRoads" substitute "The Secretary"; (b) in subsection (2), for "VicRoads" substitute "the Secretary". 11 In section 20— (a) in subsections (1) and (3), for "VicRoads" substitute "The Secretary"; (b) in subsections (1)(a), (2) and (4), for "VicRoads" substitute "the Secretary". 12 In section 21— (a) for "VicRoads" (where first occurring) substitute "The Secretary"; (b) for "VicRoads" (where secondly and thirdly occurring) substitute "the Secretary". 13 In the heading to section 22, for "VicRoads'" substitute "The Secretary's"; 14 In section 22— (a) for "VicRoads" (where first occurring) substitute "The Secretary"; (b) for "VicRoads" (where secondly occurring) substitute "the Secretary". 15 In section 23(2), for "VicRoads" substitute "the Secretary". 16 In section 24(1) and (2), for "VicRoads" substitute "the Secretary". 17 In section 25— (a) in subsection (1), for "VicRoads" (where twice occurring) substitute "the Secretary"; -- 187 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 180 Authorised by the Chief Parliamentary Counsel (b) in subsection (2)— (i) for "VicRoads" substitute "The Secretary"; (ii) for "VicRoads'" substitute "the Secretary's"; (c) in subsection (3)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads'" substitute "the Secretary's"; (iii) for "VicRoads" (where secondly occurring) substitute "the Secretary". 18 In section 27— (a) in subsections (1), (2), (4) and (5), for "VicRoads" (wherever occurring) substitute "the Secretary"; (b) in subsection (3), for "VicRoads" substitute "The Secretary". 19 In section 29— (a) in subsection (1), for "VicRoads" substitute "the Secretary"; (b) in subsection (2)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where secondly occurring) substitute "the Secretary". 20 In section 30, for "VicRoads" (wherever occurring) substitute "the Secretary". 21 In section 31— (a) in subsections (1), (2) and (3), for "VicRoads" (wherever occurring) substitute "the Secretary"; -- 188 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 181 Authorised by the Chief Parliamentary Counsel (b) in subsection (4), for "VicRoads" substitute "The Secretary". 22 In the heading to section 32, for "VicRoads" substitute "The Secretary". 23 In section 32— (a) in subsections (1) and (6), for "VicRoads" substitute "The Secretary"; (b) in subsections (2), (3) and (4), for "VicRoads" (wherever occurring) substitute "the Secretary"; (c) in subsection (5)— (i) for "VicRoads" substitute "The Secretary"; (ii) in paragraph (b), for "VicRoads'" substitute "the Secretary's". 24 In section 34, for "VicRoads" substitute "the Secretary". 25 In section 35— (a) in subsection (1), for "VicRoads" substitute "The Secretary"; (b) in subsection (2)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where secondly occurring) substitute "the Secretary". (c) in subsections (3) and (4), for "VicRoads" substitute "the Secretary". 26 In section 42(3)(c), for "VicRoads" substitute "the Secretary". 27 In section 46(1), for "VicRoads" substitute "The Secretary". -- 189 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 182 Authorised by the Chief Parliamentary Counsel 28 In section 47— (a) in subsection (1), for "VicRoads" substitute "The Secretary"; (b) in subsection (2), for "VicRoads" substitute "the Secretary". 29 In section 52(1) and (3), for "VicRoads" substitute "The Secretary". 30 In the heading to section 57, for "VicRoads" substitute "The Secretary". 31 In section 57(1) and (2), for "VicRoads" substitute "The Secretary". 32 In section 58(1)(b) and (2), for "VicRoads" substitute "the Secretary". 33 In section 59(1) and (2), for "VicRoads" substitute "the Secretary". 34 In section 60(1) and (2), for "VicRoads" (wherever occurring) substitute "the Secretary". 35 In the heading to section 61, for "VicRoads" substitute "The Secretary". 36 In section 61— (a) in subsection (1), for "VicRoads" (where first occurring) substitute "The Secretary"; (b) in subsection (1)(a) and (b), for "VicRoads" (wherever occurring) substitute "the Secretary". 37 In the heading to section 62, for "VicRoads" substitute "the Secretary". 38 In section 62, for "VicRoads" (where twice occurring) substitute "the Secretary". 39 In the heading to section 63, for "VicRoads" substitute "the Secretary". -- 190 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 183 Authorised by the Chief Parliamentary Counsel 40 In section 63— (a) in subsections (1) and (3), for "VicRoads" (wherever occurring) substitute "the Secretary"; (b) in subsection (2), for "VicRoads" substitute "The Secretary". 41 In section 64— (a) in subsections (2)(a), (2)(c) and (4), for "VicRoads" substitute "the Secretary"; (b) in subsection (3), for "VicRoads" substitute "The Secretary". 42 In the heading to section 65, for "VicRoads" substitute "the Secretary". 43 In section 65— (a) in subsection (1)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where secondly occurring) substitute "the Secretary"; (b) in subsection (2), for "VicRoads" substitute "the Secretary". 44 In section 66(1)— (a) for "VicRoads" (where first occurring) substitute "The Secretary"; (b) for "VicRoads" (where secondly occurring) substitute "the Secretary"; (c) in the note at the foot of paragraph (b), for "VicRoads" (where twice occurring) substitute "the Secretary". 45 In the heading to section 67, for "VicRoads" substitute "the Secretary". -- 191 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 184 Authorised by the Chief Parliamentary Counsel 46 In section 67— (a) for "VicRoads" (where first occurring) substitute "The Secretary"; (b) for "VicRoads" (where secondly occurring) substitute "the Secretary". 47 In section 68— (a) in subsections (1) and (2), for "VicRoads" substitute "The Secretary"; (b) in subsection (3)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where secondly occurring) substitute "the Secretary"; (c) in subsection (4), for "VicRoads" (where twice occurring) substitute "the Secretary". 48 In section 69(1), (2) and (3), for "VicRoads" (wherever occurring) substitute "the Secretary". 49 In section 70— (a) in subsections (1), (2), (3) and (4), for "VicRoads" (wherever occurring) substitute "the Secretary"; (b) in subsection 4(b)(ii), for "VicRoads'" substitute "the Secretary's". 50 In section 71— (a) in subsections (1) and (2), for "VicRoads" (wherever occurring) substitute "the Secretary"; (b) in the note at the foot of subsection (1), for "VicRoads" substitute "the Secretary". -- 192 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 185 Authorised by the Chief Parliamentary Counsel 51 In section 72— (a) in subsection (1), for "VicRoads" substitute "the Secretary"; (b) in the example at the foot of subsection (1), for "VicRoads" substitute "The Secretary". 52 In the heading to section 73, for "VicRoads" substitute "The Secretary". 53 In section 73— (a) in subsection (1)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where secondly occurring) substitute "the Secretary"; (b) in subsections (2) and (3), for "VicRoads" (wherever occurring) substitute "the Secretary"; (c) in subsection (4)— (i) for "VicRoads" substitute "The Secretary"; (ii) in paragraph (b), for "VicRoads'" substitute "the Secretary's". 54 In section 75(2)(a)(ii) and (2)(b)(ii), for "VicRoads" substitute "the Secretary". 55 In section 76— (a) in subsections (1), (2) and (4), for "VicRoads" (wherever occurring) substitute "the Secretary"; (b) in subsection (3)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where thirdly occurring) substitute "the Secretary". -- 193 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 186 Authorised by the Chief Parliamentary Counsel 56 In section 77, for "VicRoads" (wherever occurring) substitute "the Secretary". 57 In section 78, for "VicRoads" substitute "the Secretary". 58 In the heading to section 79, for "VicRoads" substitute "the Secretary". 59 In section 79, for "VicRoads" (where twice occurring) substitute "the Secretary". 60 In the heading to section 80, for "VicRoads" substitute "the Secretary". 61 In section 80— (a) in subsection (1), for "VicRoads" substitute "The Secretary"; (b) in subsection (2), for "VicRoads" (where twice occurring) substitute "the Secretary". 62 In section 81, for "VicRoads" (wherever occurring) substitute "the Secretary". 63 In section 82, for "VicRoads" (wherever occurring) substitute "the Secretary". 64 In section 83, for "VicRoads" substitute "The Secretary". 65 In section 84(1), (2) and (5)(b), for "VicRoads" (wherever occurring) substitute "the Secretary". 66 In section 86, for "VicRoads" (wherever occurring) substitute "the Secretary". 67 In section 87(2), (3) and (4), for "VicRoads" (wherever occurring) substitute "the Secretary". 68 In section 88(1) and (2), for "VicRoads" substitute "the Secretary". 69 In section 89(1) and (2)(a), for "VicRoads" substitute "the Secretary". -- 194 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 187 Authorised by the Chief Parliamentary Counsel 70 In section 90(1)(b) and (2)(b), for "VicRoads" (wherever occurring) substitute "the Secretary". 71 In the heading to section 92, for "VicRoads" substitute "the Secretary". 72 In section 92, for "VicRoads" (wherever occurring) substitute "the Secretary". 73 In section 94(1) and (2)(a), for "VicRoads" substitute "the Secretary". 74 In section 95— (a) in subsections (1) and (3), for "VicRoads" (wherever occurring) substitute "the Secretary"; (b) in subsection (2)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where secondly occurring) substitute "the Secretary". 75 In the heading to section 96, for "VicRoads" substitute "the Secretary". 76 In section 96— (a) in subsection (1)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where secondly occurring) substitute "the Secretary"; (b) in subsection (2), for "VicRoads" substitute "The Secretary". 77 In the heading to section 99, for "VicRoads" substitute "The Secretary". 78 In section 99, for "VicRoads" substitute "The Secretary". -- 195 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 188 Authorised by the Chief Parliamentary Counsel 79 In section 101, for "VicRoads" substitute "the Secretary". 80 In section 102, for "VicRoads" (wherever occurring) substitute "the Secretary". 81 In the heading to section 103, for "VicRoads" substitute "The Secretary". 82 In section 103— (a) for "VicRoads" (where first occurring) substitute "The Secretary"; (b) in paragraphs (a), (b), (c) and (d), for "VicRoads" (wherever occurring) substitute "the Secretary". 83 In the heading to section 104, for "VicRoads" substitute "the Secretary". 84 In section 104, for "VicRoads" (where twice occurring) substitute "the Secretary". 85 In the heading to section 105, for "VicRoads" substitute "the Secretary". 86 In section 105— (a) in subsections (1) and (3), for "VicRoads" (wherever occurring) substitute "the Secretary"; (b) in subsection (2)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where secondly occurring) substitute "the Secretary". 87 In the heading to section 106, for "VicRoads" substitute "the Secretary". 88 In section 106— (a) for "VicRoads" (where first occurring) substitute "The Secretary"; -- 196 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 189 Authorised by the Chief Parliamentary Counsel (b) in paragraphs (b) and (c)(ii), for "VicRoads" substitute "the Secretary". 89 In section 107— (a) in subsection (1)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where secondly occurring) substitute "the Secretary"; (b) in the note at the foot of subsection (1)(c), for "VicRoads" (where twice occurring) substitute "the Secretary". 90 In the heading to section 108, for "VicRoads" substitute "the Secretary". 91 In section 108— (a) for "VicRoads" (where first occurring) substitute "The Secretary"; (b) for "VicRoads" (where secondly and thirdly occurring) substitute "the Secretary". 92 In section 109— (a) in subsections (1) and (2)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where secondly occurring) substitute "the Secretary"; (b) in subsection (3), for "VicRoads" (where twice occurring) substitute "the Secretary". 93 In section 110, for "VicRoads" (wherever occurring) substitute "the Secretary". -- 197 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 190 Authorised by the Chief Parliamentary Counsel 94 In section 111— (a) in subsections (1), (2), (3) and (4), for "VicRoads" (wherever occurring) substitute "the Secretary"; (b) in subsection (4)(b)(ii), for "VicRoads'" substitute "the Secretary's". 95 In section 112— (a) for "VicRoads" (wherever occurring) substitute "the Secretary"; (b) in the note at the foot of subsection (1), for "VicRoads" substitute "the Secretary". 96 In section 113— (a) in subsection (1), for "VicRoads" substitute "The Secretary"; (b) in subsection (2), for "VicRoads" substitute "the Secretary". 97 In the heading to section 114, for "VicRoads" substitute "The Secretary". 98 In section 114— (a) in subsection (1), for "VicRoads" substitute "The Secretary"; (b) in subsections (2) and (3), for "VicRoads" (wherever occurring) substitute "the Secretary"; (c) in subsection (4)— (i) for "VicRoads" substitute "The Secretary"; (ii) for "VicRoads'" substitute "the Secretary's". -- 198 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 191 Authorised by the Chief Parliamentary Counsel 99 In section 116— (a) in subsections (1) and (3), for "VicRoads" (wherever occurring) substitute "the Secretary"; (b) in subsection (2)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where thirdly occurring) substitute "the Secretary". 100 In section 118, for "VicRoads" (wherever occurring) substitute "the Secretary". 101 In section 119, for "VicRoads" substitute "the Secretary". 102 In the heading to section 122, for "VicRoads" substitute "the Secretary". 103 In section 122, for "VicRoads" (where twice occurring) substitute "the Secretary". 104 In the heading to section 124, for "VicRoads" substitute "the Secretary". 105 In section 124— (a) in subsection (1), for "VicRoads" substitute "The Secretary"; (b) in subsection (2), for "VicRoads" (where twice occurring) substitute "the Secretary". 106 In section 125, for "VicRoads" (where twice occurring) substitute "the Secretary". 107 In section 126, for "VicRoads" (wherever occurring) substitute "the Secretary". 108 In section 127, for "VicRoads" substitute "The Secretary". -- 199 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 192 Authorised by the Chief Parliamentary Counsel 109 In section 128— (a) in subsections (1), (3), (6)(b) and (7), for "VicRoads" (wherever occurring) substitute "the Secretary". (b) in subsection (2), for "VicRoads" substitute "The Secretary". 110 In section 130, for "VicRoads" (wherever occurring) substitute "the Secretary". 111 In section 131(1), (2)(b), (2)(c), (3) and (4), for "VicRoads" substitute "the Secretary". 112 In section 132, for "VicRoads" (wherever occurring) substitute "the Secretary". 113 In section 133(1) and (2), for "VicRoads" substitute "the Secretary". 114 In section 134(1) and (2)(a), for "VicRoads" substitute "the Secretary". 115 In section 136, for "VicRoads" (wherever occurring) substitute "the Secretary". 116 In section 138(1) and (2)(a), for "VicRoads" substitute "the Secretary". 117 In section 139— (a) in subsections (1) and (3), for "VicRoads" (wherever occurring) substitute "the Secretary"; (b) in subsection (2)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where secondly occurring) substitute "the Secretary". 118 In the heading to section 140, for "VicRoads" substitute "the Secretary". -- 200 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 193 Authorised by the Chief Parliamentary Counsel 119 In section 140— (a) in subsection (1)— (i) for "VicRoads" (where first occurring) substitute "The Secretary"; (ii) for "VicRoads" (where secondly and thirdly occurring) substitute "the Secretary"; (b) in subsection (2), for "VicRoads" substitute "The Secretary". 120 In section 140A— (a) in subsection (1), for "VicRoads" substitute "The Secretary"; (b) in subsection (2), for "VicRoads" substitute "the Secretary". 121 In section 140C— (a) in subsection (1), for "VicRoads" substitute "The Secretary"; (b) in subsection (2), for "VicRoads" (where twice occurring) substitute "the Secretary". 122 In section 140D, for "VicRoads" substitute "the Secretary". 123 In section 140E, for "VicRoads" (wherever occurring) substitute "the Secretary". 124 In the heading to section 140F, for "VicRoads" substitute "The Secretary". 125 In section 140F— (a) for "VicRoads" (where first occurring) substitute "The Secretary"; (b) in paragraphs (a), (b), (c) and (d), for "VicRoads" (wherever occurring) substitute "the Secretary". -- 201 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 194 Authorised by the Chief Parliamentary Counsel 126 In the heading to section 140G, for "VicRoads" substitute "the Secretary". 127 In section 140G, for "VicRoads" (where twice occurring) substitute "the Secretary". 128 In section 140H— (a) in subsection (1), for "VicRoads" substitute "The Secretary"; (b) in subsections (2) and (3), for "VicRoads" substitute "the Secretary". 129 In section 150(1A)(a)(ii), for "VicRoads" substitute "the Secretary". 130 In section 155(a)(ii), for "VicRoads" substitute "the Secretary". 131 In section 160(1), (2) and (3), for "VicRoads" substitute "the Secretary". 132 In section 162— (a) in subsections (1) and (2), for "VicRoads" (wherever occurring) substitute "the Secretary"; (b) in subsection (3), for "VicRoads" substitute "The Secretary". 133 In section 164, for "VicRoads" substitute "The Secretary". 134 In the heading to section 167, for "VicRoads" substitute "The Secretary". 135 In section 167(1), for "VicRoads" substitute "The Secretary". 136 In section 169(1), for "VicRoads" substitute "the Secretary". 137 In section 170, for "VicRoads" substitute "The Secretary". -- 202 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 195 Authorised by the Chief Parliamentary Counsel 138 In section 172, for "VicRoads" (wherever occurring) substitute "the Secretary". 139 In section 174— (a) for "VicRoads" (wherever occurring) substitute "the Secretary"; (b) in subsection (2)(a), for "VicRoads'" substitute "the Secretary's". 140 In section 177(1) and (2)(a), for "VicRoads" substitute "the Secretary". 141 In section 178(1), for "VicRoads" substitute "The Secretary". 142 In section 179(1), for "VicRoads" substitute "The Secretary". 143 In section 180, for "VicRoads" substitute "the Secretary". 144 In section 188(3)(e), for "VicRoads" substitute "the Secretary". 145 In section 203(1), for "VicRoads" substitute "the Secretary". 146 In section 204— (a) in subsection (1)(a) and (b), for "VicRoads" substitute "the Secretary"; (b) in subsection (2), for "VicRoads" substitute "The Secretary". 147 In section 208, for "VicRoads" substitute "the Secretary". 148 In section 212(1)(b), for "VicRoads" substitute "the Secretary". 149 In section 212B(6), for "VicRoads" substitute "the Department". 150 In section 212H(4), for "VicRoads" substitute "the Secretary". -- 203 of 269 -- Schedule 2—Consequential amendments to Accident Towing Services Act 2007 Transport Legislation Amendment Act 2019 No. 49 of 2019 196 Authorised by the Chief Parliamentary Counsel 151 Section 214 is repealed. 152 In section 216(2), for "VicRoads" substitute "the Secretary". 153 In section 220— (a) in subsection (1), for "Chief Executive of VicRoads, appointed under section 90 of the Transport Integration Act 2010," substitute "Secretary"; (b) in subsection (2)(f), for "VicRoads" substitute "the Secretary". -- 204 of 269 -- Schedule 3—Consequential amendments to Road Management Act 2004 Transport Legislation Amendment Act 2019 No. 49 of 2019 197 Authorised by the Chief Parliamentary Counsel Schedule 3—Consequential amendments to Road Management Act 2004 Section 183 1 In section 3(1)— (a) insert the following definitions— "Department means the Department of Transport; Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010; Secretary means Secretary to the Department of Transport;"; (b) in paragraph (b) of the definition of municipal road, for "VicRoads" substitute "the Head, Transport for Victoria"; (c) in paragraph (a) of the definition of relevant Minister, for "VicRoads" substitute "the Head, Transport for Victoria"; (d) the definition of VicRoads is repealed. 2 In section 3(1), the definition of Public Transport Development Authority is repealed. 3 In section 3(5)— (a) omit "48C,"; (b) for "Public Transport Development Authority" (where twice occurring) substitute "Head, Transport for Victoria". 4 In section 5(3), for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria". 5 In section 11(5), (6) and (10A), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria". -- 205 of 269 -- Schedule 3—Consequential amendments to Road Management Act 2004 Transport Legislation Amendment Act 2019 No. 49 of 2019 198 Authorised by the Chief Parliamentary Counsel 6 In section 12(2)(b), (10)(c) and (12)(b), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria". 7 In section 13(2), for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria". 8 In the heading to section 14, for "VicRoads" substitute "Head, Transport for Victoria". 9 In section 14— (a) in subsection (1), for "VicRoads" substitute "The Head, Transport for Victoria"; (b) in subsections (3), (4), (5), (6), (7) and (8), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria". 10 In the example at the foot of section 15(3), for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria". 11 In section 19(4)(b), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria". 12 In section 19(5A), for "authority." substitute "authority or, if the road authority is the Head, Transport for Victoria, by or on behalf of the Department.". 13 For section 31(2)(b) substitute— "(b) one is the person appointed under section 64AE of the Transport Integration Act 2010 as entity Head for the Head, Transport for Victoria, or a nominee of that person;". 14 In section 36(a), for "VicRoads" substitute "the Head, Transport for Victoria". -- 206 of 269 -- Schedule 3—Consequential amendments to Road Management Act 2004 Transport Legislation Amendment Act 2019 No. 49 of 2019 199 Authorised by the Chief Parliamentary Counsel 15 In section 37— (a) in subsection (1)(a), (b) and (d), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria"; (b) in the example at the foot of subsection (2), for "VicRoads" substitute "The Head, Transport for Victoria". 16 In section 38(2)(a)(i), for "VicRoads" substitute "the Head, Transport for Victoria". 17 In section 42A— (a) in subsections (1), (5) and (6), for "VicRoads" substitute "The Head, Transport for Victoria"; (b) in subsection (6)(c), for "VicRoads" substitute "the Head, Transport for Victoria"; (c) in subsection (7), for "VicRoads" substitute "or on behalf of the Department". 18 Section 42A(8) is repealed. 19 In the example at the foot of section 44(2), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria". 20 In section 45A(1), for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria". 21 In section 48H, for the definition of relevant authority substitute— "relevant authority means— (a) the Head, Transport for Victoria; or (b) the Secretary to the Department of Transport;". -- 207 of 269 -- Schedule 3—Consequential amendments to Road Management Act 2004 Transport Legislation Amendment Act 2019 No. 49 of 2019 200 Authorised by the Chief Parliamentary Counsel 22 In the heading to section 48O, for "Public Transport Development Authority" substitute "relevant authority". 23 In section 48O(1), for "Public Transport Development Authority" substitute "relevant authority". 24 In the heading to section 48P, for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 25 In section 48P, for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 26 In section 60(1) and (2), for "VicRoads" substitute "the Head, Transport for Victoria". 27 In the example at the foot of section 63(2)(a), for "VicRoads" substitute "the Head, Transport for Victoria". 28 Section 71(1)(b) is repealed. 29 In section 96— (a) in subsection (1)— (i) in paragraph (b), for "authority." substitute "authority; or"; (ii) after paragraph (b) insert— "(c) a person authorised for that purpose by the Secretary."; (b) in subsection (2)— (i) after "given by" insert "the Secretary or by"; (ii) after "relevant road authority" (where first occurring) insert ", other than the Head, Transport for Victoria,"; -- 208 of 269 -- Schedule 3—Consequential amendments to Road Management Act 2004 Transport Legislation Amendment Act 2019 No. 49 of 2019 201 Authorised by the Chief Parliamentary Counsel (iii) after "authorised by" insert "the Secretary or by"; (c) after subsection (2) insert— "(3) A certificate given by the Head, Transport for Victoria to the effect that a specified person has been authorised by the Head, Transport for Victoria to commence a proceeding for an offence against this Act is admissible in evidence and, in the absence of evidence to the contrary, is proof.". 30 In the heading to section 119, for "VicRoads" substitute "the Head, Transport for Victoria". 31 In section 119, for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria". 32 In section 119A— (a) in subsection (1)— (i) for "VicRoads" (where first occurring) substitute "The Head, Transport for Victoria"; (ii) for "VicRoads" (where secondly and thirdly occurring) substitute "the Head, Transport for Victoria"; (b) in the note at the foot of subsection (1), for "VicRoads" substitute "the Head, Transport for Victoria"; (c) in subsection (4), for "VicRoads" substitute "The Head, Transport for Victoria". 33 In section 119B(1) and (2), for "VicRoads" substitute "The Head, Transport for Victoria". 34 In section 120, for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria". -- 209 of 269 -- Schedule 3—Consequential amendments to Road Management Act 2004 Transport Legislation Amendment Act 2019 No. 49 of 2019 202 Authorised by the Chief Parliamentary Counsel 35 In section 124(1), after "authority" (where first occurring) insert "or the Head, Transport for Victoria, as the case requires,". 36 In section 132(2)(p), for "VicRoads" substitute "the Head, Transport for Victoria". 37 In section 133(2), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria". 38 In section 133A(2), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria". 39 In section 133B(2), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria". 40 In section 134— (a) in subsection (3), for "VicRoads" substitute "The Head, Transport for Victoria"; (b) in subsection (4), for "VicRoads" (wherever occurring) substitute "the Secretary"; (c) in subsections (6), (9), (10), (11) and (12), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria". 41 In section 134A— (a) in subsections (3), (9) and (13), for "VicRoads" substitute "the Head, Transport for Victoria"; (b) in subsection (4), for "VicRoads" (where twice occurring) substitute "the Secretary". 42 In section 134D— (a) in subsections (3), (9) and (13), for "VicRoads" substitute "the Head, Transport for Victoria"; -- 210 of 269 -- Schedule 3—Consequential amendments to Road Management Act 2004 Transport Legislation Amendment Act 2019 No. 49 of 2019 203 Authorised by the Chief Parliamentary Counsel (b) in subsection (4), for "VicRoads" (where twice occurring) substitute "the Secretary". 43 In Schedule 2— (a) in clause 1, for "VicRoads" substitute "the Head, Transport for Victoria"; (b) in the heading to clause 4, for "VicRoads" substitute "Head, Transport for Victoria"; (c) in clause 4(1) and (2), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria". 44 In Schedule 4, in clause 2(2), for "VicRoads" substitute "The Head, Transport for Victoria". 45 In Schedule 5— (a) in clause 1(6)(b), for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria"; (b) in clause 9— (i) in subclause (1), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria"; (ii) in subclauses (3), (4) and (7), for "VicRoads" substitute "The Head, Transport for Victoria"; (c) in the heading to clause 13, for "VicRoads" substitute "Head, Transport for Victoria"; (d) in clause 13— (i) for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria"; (ii) in subclause (2), for "its general fund" substitute "the Roads Fund or another account or fund determined by the Treasurer or the Minister administering -- 211 of 269 -- Schedule 3—Consequential amendments to Road Management Act 2004 Transport Legislation Amendment Act 2019 No. 49 of 2019 204 Authorised by the Chief Parliamentary Counsel Part 7 of the Financial Management Act 1994"; (e) in the heading to clause 15, for "VicRoads" substitute "Head, Transport for Victoria"; (f) in clause 15(1), for "VicRoads" substitute "the Head, Transport for Victoria". 46 In Schedule 5A— (a) in clause 1, insert the following definition— "Head, Transport for Victoria area means any part of the Redevelopment Project area other than the Link Upgrade area;"; (b) in clause 1, in the definition of Road Minister, for "Act;" substitute "Act."; (c) in clause 1, the definition of VicRoads area is repealed; (d) in clause 4(1), for "VicRoads" (where twice occurring) substitute "Head, Transport for Victoria"; (e) in the heading to clause 8, for "VicRoads" substitute "Head, Transport for Victoria"; (f) in clause 8, for "VicRoads" substitute "The Head, Transport for Victoria"; (g) in clause 9(b), for "VicRoads" substitute "the Head, Transport for Victoria"; (h) in clause 10(1) and (3), for "VicRoads" substitute "the Head, Transport for Victoria"; (i) in the heading to clause 14, for "VicRoads" substitute "the Head, Transport for Victoria"; -- 212 of 269 -- Schedule 3—Consequential amendments to Road Management Act 2004 Transport Legislation Amendment Act 2019 No. 49 of 2019 205 Authorised by the Chief Parliamentary Counsel (j) in clause 14, for "VicRoads" substitute "The Head, Transport for Victoria"; (k) in clause 15(1), (2) and (3), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria"; (l) in clause 16, for "VicRoads" substitute "the Head, Transport for Victoria"; (m) in clause 17— (i) in paragraph (d)— (A) for "VicRoads" (where first occurring) substitute "The Head, Transport for Victoria"; (B) for "VicRoads" (where secondly occurring) substitute "the Head, Transport for Victoria"; (ii) in paragraphs (e) and (f), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria"; (n) in clause 20— (i) in subclause (1), for "VicRoads" substitute "The Head, Transport for Victoria"; (ii) in subclause (2)(b), for "VicRoads" substitute "the Head, Transport for Victoria"; (o) in clause 21(1), (2), (4), (5) and (6), for "VicRoads" substitute "the Head, Transport for Victoria"; (p) in clause 22— (i) in subclauses (1) and (3), for "VicRoads" substitute "the Head, Transport for Victoria"; -- 213 of 269 -- Schedule 3—Consequential amendments to Road Management Act 2004 Transport Legislation Amendment Act 2019 No. 49 of 2019 206 Authorised by the Chief Parliamentary Counsel (ii) in subclause (4), for "VicRoads" substitute "The Head, Transport for Victoria"; (q) in clause 26(3), for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria"; (r) in clause 28(6), for "VicRoads" substitute "the Head, Transport for Victoria"; (s) in clause 33(8), for "VicRoads" substitute "the Head, Transport for Victoria"; (t) in clause 36, in paragraph (b) of the definition of redevelopment project land, for "VicRoads" substitute "the Head, Transport for Victoria"; (u) in clause 37, for "VicRoads" substitute "the Head, Transport for Victoria"; (v) in the heading to clause 38, for "VicRoads" substitute "Head, Transport for Victoria"; (w) in clause 38— (i) for "VicRoads" (where first occurring) substitute "The Head, Transport for Victoria"; (ii) for "VicRoads" (where secondly occurring) substitute "the Head, Transport for Victoria"; (x) in clause 39, for "VicRoads" substitute "the Head, Transport for Victoria"; (y) in clause 40(1), (3) and (5), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria"; -- 214 of 269 -- Schedule 3—Consequential amendments to Road Management Act 2004 Transport Legislation Amendment Act 2019 No. 49 of 2019 207 Authorised by the Chief Parliamentary Counsel (z) in clause 41— (i) in subclauses (1) and (2), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria"; (ii) in subclause (3), for "VicRoads" substitute "The Head, Transport for Victoria"; (za) in clause 42, for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria"; (zb) in clause 43, for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria"; (zc) in clause 44, for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria"; (zd) in clause 45(1), (2), (3), (5) and (7), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria"; (ze) in clause 47, for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria"; (zf) in clause 49, for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria"; (zg) in clause 50(2), for "VicRoads" substitute "the Head, Transport for Victoria"; (zh) in clause 51(2), for "VicRoads" substitute "the Head, Transport for Victoria"; (zi) in clause 52, for "VicRoads" substitute "the Head, Transport for Victoria". -- 215 of 269 -- Schedule 3—Consequential amendments to Road Management Act 2004 Transport Legislation Amendment Act 2019 No. 49 of 2019 208 Authorised by the Chief Parliamentary Counsel 47 In Schedule 6, in clause 4(2)— (a) for "VicRoads" (where first occurring) substitute "The Head, Transport for Victoria"; (b) for "VicRoads" (where secondly occurring) substitute "the Head, Transport for Victoria". 48 In Schedule 7, in clause 7(1), for "Unless subclause (2) applies, an" substitute "An". 49 In Schedule 7, after clause 7(1) insert— "(1A) For the avoidance of doubt, subclause (1) does not apply to an infrastructure manager or works manager which is also the relevant coordinating road authority.". 50 In Schedule 7, after clause 13(1) insert— "(1A) For the avoidance of doubt, subclause (1) does not apply to a works manager which is also the relevant coordinating road authority.". 51 In Schedule 7, in note 1 at the foot of clause 13(3), for "notice" substitute "notice.". 52 In Schedule 7, after clause 16(4) insert— "(4A) For the avoidance of doubt, the coordinating road authority is not required to consult with the responsible road authority under subclause (4) if the coordinating road authority is also the responsible road authority.". 53 In Schedule 7A, in clause 3(2)(b), for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria". 54 In Schedule 7A, clause 4 is repealed. -- 216 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 209 Authorised by the Chief Parliamentary Counsel Schedule 4—Consequential amendments to other Acts Section 186 1 Aboriginal Heritage Act 2006 1.1 In section 4(1)— (a) insert the following definition— "Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;"; (b) in the definition of public land manager, in paragraph (e), for "VicRoads" substitute "the Head, Transport for Victoria"; (c) the definition of VicRoads is repealed. 2 Alpine Resorts (Management) Act 1997 2.1 In section 3— (a) insert the following definition— "Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;"; (b) the definition of VicRoads is repealed. 2.2 In section 7A(5)(b), for "VicRoads" substitute "the Head, Transport for Victoria". 2.3 In section 8A(4)(b), for "VicRoads" substitute "the Head, Transport for Victoria". 2.4 In the heading to section 57C, for "VicRoads" substitute "the Head, Transport for Victoria". 2.5 In section 57C(1), for "VicRoads" (where first occurring) substitute "The Head, Transport for Victoria". -- 217 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 210 Authorised by the Chief Parliamentary Counsel 2.6 In section 57C(1), for "VicRoads" (where secondly occurring) substitute "the Head, Transport for Victoria". 2.7 In section 57C(3), for "VicRoads" substitute "the Head, Transport for Victoria". 2.8 In section 57D(1)(a), for "VicRoads" substitute "the Head, Transport for Victoria". 3 Australian Consumer Law and Fair Trading Act 2012 3.1 In section 64(1), for "Roads Corporation" substitute "Secretary to the Department of Transport". 3.2 In section 64(3), for "Roads Corporation, if it" substitute "Secretary to the Department of Transport, if the Secretary". 3.3 In section 64(4), the definition of Roads Corporation is repealed. 4 Borrowing and Investment Powers Act 1987 4.1 Items 6AA and 19 of Schedule 1 are repealed. 5 Bus Services Act 1995 5.1 In section 3(1)— (a) the definition of Public Transport Development Authority is repealed; (b) for the definition of Secretary substitute— "Secretary means Secretary to the Department of Transport;"; (c) the definition of working day is repealed. 5.2 In the heading to section 4A, for "Public Transport Development Authority" substitute "the Head, Transport for Victoria". -- 218 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 211 Authorised by the Chief Parliamentary Counsel 5.3 In section 4A, for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 5.4 In section 26— (a) in subsections (2), (3), (4) and (4A), for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria"; (b) in subsection (4), for "Head, Transport for Victoria" substitute "Secretary"; (c) in subsection (5), for "Public Transport Development Authority by section 79AG(2)" substitute "Head, Transport for Victoria by section 64Q". 5.5 In section 27(3)(f) and (5), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 5.6 In section 30, for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 5.7 After section 30(4), insert— "(5) For the purpose of subsection 2(b), working day means any day which is not a holiday within the meaning of section 44(4) of the Interpretation of Legislation Act 1984.". 5.8 In section 30C— (a) for "Public Transport Development Authority" substitute "Head, Transport for Victoria"; (b) in paragraph (b), for "Public Transport Development Authority's" substitute "Head, Transport for Victoria's". -- 219 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 212 Authorised by the Chief Parliamentary Counsel 5.9 In section 30D, for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 5.10 In section 30E, for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 5.11 In section 30F(1), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 5.12 In section 30G(1)(a) and (c), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 5.13 In section 30H(1)(a) and (2), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 5.14 In section 30I, for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 5.15 In section 30J, for "Public Transport Development Authority" (where twice occurring) substitute "Head, Transport for Victoria". 5.16 In section 30K(1) and (3), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 5.17 In section 30L— (a) in the definition of former property, for "Public Transport Development Authority" substitute "Head, Transport for Victoria"; (b) in the definition of related contract, for "Public Transport Development Authority" substitute "Head, Transport for Victoria"; -- 220 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 213 Authorised by the Chief Parliamentary Counsel (c) in paragraph (b) of the definition of related deed, for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 5.18 In section 30M(1)(a) and (2), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 5.19 In section 30N— (a) in subsections (1)(a) and (3), for "Public Transport Development Authority" substitute "Head, Transport for Victoria"; (b) in subsection (1)(b), for "chief executive officer of the Public Transport Development Authority" substitute "Head, Transport for Victoria". 5.20 In the heading to section 30Q, for "Chief Executive Officer of the Public Transport Development Authority" substitute "Head, Transport for Victoria". 5.21 In section 30Q— (a) in subsections (1) and (2), for "Chief Executive Officer of the Public Transport Development Authority" substitute "Head, Transport for Victoria"; (b) in subsections (2) and (3), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 5.22 In section 30R, for "Public Transport Development Authority" (where twice occurring) substitute "Head, Transport for Victoria". 5.23 In section 30U, for "Public Transport Development Authority" substitute "Head, Transport for Victoria". -- 221 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 214 Authorised by the Chief Parliamentary Counsel 5.24 In section 34, for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 5.25 In section 36(1A), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 6 Business Franchise (Petroleum Products) Act 1979 6.1 For section 13(6)(c) substitute— "(c) the Secretary to the Department of Transport;". 6.2 In section 13(7), the definition of VicRoads is repealed. 7 Catchment and Land Protection Act 1994 7.1 In section 3(1)— (a) insert the following definition— "Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;"; (b) in the definition of land owner, in paragraph (f), for "Roads Corporation" substitute "Head, Transport for Victoria". 8 Commercial Passenger Vehicle Industry Act 2017 8.1 In section 3— (a) in the definition of Department, for "Economic Development, Jobs, Transport and Resources" substitute "Transport"; (b) the definition of Roads Corporation is repealed. 8.2 In section 276(1)(c), for "Roads Corporation" substitute "Head, Transport for Victoria and the Secretary". -- 222 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 215 Authorised by the Chief Parliamentary Counsel 9 Criminal Procedure Act 2009 9.1 In Schedule 3— (a) in item 36, for "officer of the Roads Corporation authorised under section 77(2)(d)" substitute "employee in the Department of Transport authorised under section 77(2)(c)"; (b) in item 37, for "officer of the Roads Corporation" substitute "employee in the Department of Transport". 10 Dangerous Goods Act 1985 10.1 In section 10B(5)(a), for "officer of the Roads Corporation" substitute "employee in the Department of Transport". 10.2 In section 41(3), for "officer of the Roads Corporation" substitute "employee in the Department of Transport". 11 Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016 11.1 In the heading to section 40 omit "VicRoads". 11.2 In section 40(1), for "VicRoads" substitute "The Secretary to the Department of Transport". 11.3 In section 40(2), for "VicRoads" substitute "the Secretary to the Department of Transport". 12 Development Victoria Act 2003 12.1 In section 53(2)(a), for "Roads Corporation" substitute "Head, Transport for Victoria within the meaning of the Transport Integration Act 2010". 12.2 In section 53(2), for "that Corporation," substitute "the Head, Transport for Victoria, that". -- 223 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 216 Authorised by the Chief Parliamentary Counsel 12.3 In section 53(3), for "Public Transport Development Authority established under" substitute "Head, Transport for Victoria within the meaning of". 13 Docklands Act 1991 13.1 In section 28(2), for "Roads Corporation" substitute "the Head, Transport for Victoria within the meaning of the Transport Integration Act 2010". 13.2 In section 28(2A), for "Public Transport Development Authority established under section 79A" substitute "Head, Transport for Victoria within the meaning". 14 Duties Act 2000 14.1 Section 47A(1)(a) is repealed. 14.2 In section 47A(1)(aa) omit "on behalf of the Crown". 14.3 In section 47A(1)(b), for "Infrastructure; or" substitute "Infrastructure.". 14.4 Section 47A(1)(c) is repealed. 14.5 In section 47A(2), the definition of Public Transport Development Authority is repealed. 14.6 In section 52(d)— (a) for "Roads Corporation" substitute "Head, Transport for Victoria"; (b) omit "section 3 of". 15 EastLink Project Act 2004 15.1 In section 1(c) and (e), for "VicRoads" substitute "the Head, Transport for Victoria". 15.2 In section 3(1)— (a) the definition of VicRoads is repealed; -- 224 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 217 Authorised by the Chief Parliamentary Counsel (b) insert the following definitions— "Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010; Transport Secretary means the Secretary to the Department of Transport;"; (c) in the definition of Authority, for "VicRoads" substitute "the Head, Transport for Victoria;"; (d) in the definition of operator— (i) in paragraph (b), for "VicRoads" (where twice occurring) substitute "the Transport Secretary"; (ii) in paragraphs (c), (d)(i) and (ii) and (e), for "VicRoads" substitute "the Transport Secretary"; (e) in the definition of Utility, for paragraph (c) substitute— "(c) the Head, Transport for Victoria; or". 15.3 In the heading to section 4A, for "VicRoads" substitute "the Head, Transport for Victoria". 15.4 In section 4A— (a) in subsection (1), for "VicRoads" substitute "the Head, Transport for Victoria"; (b) in subsection (2), for "VicRoads" substitute "The Head, Transport for Victoria". 15.5 Section 13(1)(b) is repealed. 15.6 In section 35(b), for "VicRoads" substitute "the Head, Transport for Victoria". 15.7 In section 47(2)(b), for "VicRoads" substitute "the Head, Transport for Victoria". -- 225 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 218 Authorised by the Chief Parliamentary Counsel 15.8 In section 143(5), for "VicRoads" substitute "the Head, Transport for Victoria". 15.9 In the heading to section 146, for "VicRoads" substitute "Head, Transport for Victoria". 15.10 In section 146(1), for "VicRoads" substitute "the Head, Transport for Victoria". 15.11 In section 195(2A), for "VicRoads" substitute "the Transport Secretary". 15.12 In the heading to section 221, for "VicRoads" substitute "Transport Secretary". 15.13 In section 221— (a) in subsections (1) and (3), for "VicRoads or the Department of Transport, Planning and Local Infrastructure" substitute "the Transport Secretary"; (b) in subsection (5), for "VicRoads" substitute "the Transport Secretary". 15.14 In the heading to section 223, for "VicRoads" substitute "Transport Secretary". 15.15 In section 223(1)— (a) for "VicRoads" (where first occurring) substitute "The Transport Secretary"; (b) in paragraph (c), for "VicRoads" substitute "the Transport Secretary". 15.16 In section 227(1), for "VicRoads" substitute "the Head, Transport for Victoria". 15.17 Part 12 is repealed. 16 Electricity Safety Act 1998 16.1 In section 3, insert the following definition— "Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;". -- 226 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 219 Authorised by the Chief Parliamentary Counsel 16.2 In section 46(1)(a)(v), for "Roads Corporation" substitute "Head, Transport for Victoria". 16.3 In section 86(9), for "Roads Corporation" substitute "Head, Transport for Victoria". 16.4 In section 87(5)(a), for "an officer or employee of the Roads Corporation" substitute "a person employed under Part 3 of the Public Administration Act 2004 in the Department of Transport". 17 Environment Protection Act 1970 17.1 In section 57B, for "Roads Corporation" substitute "Secretary to the Department of Transport". 18 Environment Protection Act 2017 18.1 In section 338(a), for "Roads Corporation" substitute "Secretary to the Department of Transport". 19 Estate Agents Act 1980 19.1 In section 5(1)(b)— (a) omit "the Public Transport Corporation,"; (b) omit "the Roads Corporation,". 20 Fines Reform Act 2014 20.1 In section 3— (a) in the definition of driver and vehicle sanction, for "VicRoads" substitute "the Transport Secretary"; (b) insert the following definition— "Transport Secretary means the Secretary to the Department of Transport;"; (c) the definition of VicRoads is repealed. -- 227 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 220 Authorised by the Chief Parliamentary Counsel 20.2 In section 89(1), for "VicRoads" (where twice occurring) substitute "the Transport Secretary". 20.3 In section 91, for "VicRoads" substitute "the Transport Secretary". 20.4 In section 93(1), for "VicRoads" substitute "the Transport Secretary". 20.5 In section 94, for "VicRoads" substitute "the Transport Secretary". 20.6 In section 94A(1), for "VicRoads" substitute "the Transport Secretary". 20.7 In section 94A(2), for "VicRoads" (where twice occurring) substitute "the Transport Secretary". 20.8 In section 140, for "VicRoads" substitute "the Transport Secretary". 20.9 In the heading to section 142, for "VicRoads" substitute "Transport Secretary". 20.10 In section 142(a), for "VicRoads" substitute "the Transport Secretary". 20.11 In section 142(b), for "VicRoads" substitute "the Transport Secretary". 20.12 In the heading to section 143, for "VicRoads" substitute "Transport Secretary". 20.13 In section 143, for "VicRoads" (where twice occurring) substitute "the Transport Secretary". 20.14 In section 147(2), for "VicRoads" substitute "the Transport Secretary". 20.15 In section 147(3), for "VicRoads" (where twice occurring) substitute "the Transport Secretary". 21 Housing Act 1983 21.1 In Schedule 5, in clause 7, for "Roads Corporation" substitute "Secretary to the Department of Transport". -- 228 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 221 Authorised by the Chief Parliamentary Counsel 21.2 In Schedule 5, in clause 8(2), for "Roads Corporation" substitute "Secretary to the Department of Transport". 22 Impounding of Livestock Act 1994 22.1 In section 3— (a) the definition of officer of the Roads Corporation is repealed; (b) insert the following definition— "authorised officer of the Department of Transport means an employee in the Department of Transport authorised under subsection (2);". 22.2 At the end of section 3 insert— "(2) The Head, Transport for Victoria may, in writing, authorise an employee in the Department of Transport or an employee in that Department of a specified class for the purposes of the definition of authorised officer of the Department of Transport in subsection (1).". 22.3 In section 5(2)(c), for "officer of the Roads Corporation" substitute "authorised officer of the Department of Transport". 22.4 Insert the following heading to section 13— "13 Duties of authorised officer of the Department of Transport". 22.5 In section 13, for "officer of the Roads Corporation" substitute "authorised officer of the Department of Transport". 22.6 In section 17(2)(d), for "officer of the Roads Corporation" substitute "authorised officer of the Department of Transport". -- 229 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 222 Authorised by the Chief Parliamentary Counsel 22.7 In section 31, for "officer of the Roads Corporation" substitute "authorised officer of the Department of Transport". 23 Land Acquisition and Compensation Act 1986 23.1 Section 5(4C) is repealed. 24 Land (Further Miscellaneous Matters) Act 1990 24.1 In section 13— (a) for "Roads Corporation" substitute "Head, Transport for Victoria"; (b) for "Mildland" substitute "Midland". 24.2 In section 14(1), for "Roads Corporation of Victoria" substitute "Head, Transport for Victoria within the meaning of the Transport Integration Act 2010". 24.3 In section 14(2)(b), for "Roads Corporation" substitute "Head, Transport for Victoria". 24.4 In section 14(2)(c), for "Roads Corporation" substitute "Head, Transport for Victoria". 24.5 In section 14(4)(b), for "Roads Corporation" substitute "Head, Transport for Victoria". 25 Local Government Act 1989 25.1 In section 3(1), insert the following definition— "Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;". 25.2 In section 208(1), for "Roads Corporation" substitute "Head, Transport for Victoria and the Secretary to the Department of Transport". 25.3 In Schedule 11— (a) in clause 9(2) and (4), for "Roads Corporation" substitute "Head, Transport for Victoria"; -- 230 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 223 Authorised by the Chief Parliamentary Counsel (b) in clause 10(2) and (3), for "Roads Corporation" substitute "Head, Transport for Victoria". 26 Major Transport Projects Facilitation Act 2009 26.1 In section 3— (a) for the definition of Department substitute— "Department means the Department of Transport;"; (b) the definition of Public Transport Development Authority is repealed; (c) the definition of VicRoads is repealed. 26.2 Section 104(2)(ab) and (b) are repealed. 27 Marine Safety Act 2010 27.1 In section 298C(2), for "Roads Corporation" substitute "Secretary to the Department of Transport". 28 Melbourne City Link Act 1995 28.1 In section 3— (a) the definition of Roads Corporation is repealed; (b) insert the following definitions— "Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010; Secretary means the Secretary to the Department of Transport;". 28.2 In the heading to section 6B, for "Roads Corporation" substitute "the Head, Transport for Victoria". -- 231 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 224 Authorised by the Chief Parliamentary Counsel 28.3 In section 6B— (a) in subsection (1), for "Roads Corporation" (where first occurring) substitute "Head, Transport for Victoria"; (b) in subsections (1)(g) and (3), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.4 In section 18B(1), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.5 In section 21(1)— (a) in the definition of approved Utility agreement, for "Roads Corporation" substitute "Head, Transport for Victoria"; (b) in the definition of Utility, for paragraph (c) substitute— "(c) the Head, Transport for Victoria; or". 28.6 In the heading to Division 2 of Part 2B, for "Roads Corporation" substitute "the Head, Transport for Victoria". 28.7 In the heading to section 22, for "Roads Corporation" substitute "Head, Transport for Victoria". 28.8 In section 22— (a) in subsection (1), for "VicRoads" substitute "The Head, Transport for Victoria"; (b) in subsections (2) and (3), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.9 In section 23— (a) in subsection (1), for "Roads Corporation" substitute "Head, Transport for Victoria"; -- 232 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 225 Authorised by the Chief Parliamentary Counsel (b) in subsection (2), for "Roads Corporation" (where twice occurring) substitute "Head, Transport for Victoria". 28.10 In the heading to section 25, for "Roads Corporation" substitute "Head, Transport for Victoria". 28.11 In section 25(1), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.12 In section 27(1), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.13 In section 28(1), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.14 In section 34(1), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.15 In section 35(c), (d) and (e), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.16 In section 36(1), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.17 In section 37(1), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.18 In section 39(1), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.19 In the heading to section 52, for "Roads Corporation" substitute "Head, Transport for Victoria". 28.20 In section 52, for "Roads Corporation" substitute "Head, Transport for Victoria". 28.21 In section 53(2), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.22 In the heading to section 56A, for "Roads Corporation" substitute "the Head, Transport for Victoria". -- 233 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 226 Authorised by the Chief Parliamentary Counsel 28.23 In section 56A(1) and (2), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.24 In section 56K, for "Roads Corporation" substitute "Head, Transport for Victoria". 28.25 In section 56V(2), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.26 In section 56ZE— (a) in subsection (1), for "Roads Corporation" (where twice occurring) substitute "Head, Transport for Victoria"; (b) in subsection (3), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.27 In section 56ZF, for "Roads Corporation" substitute "Head, Transport for Victoria". 28.28 In section 56ZG(b), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.29 In section 56ZI, for "Roads Corporation" substitute "Head, Transport for Victoria". 28.30 In section 56ZK(4)(d), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.31 In section 56ZL(3) and (4)(a), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.32 In section 56ZN(1), for "Roads Corporation" (where first occurring) substitute "Head, Transport for Victoria". 28.33 In section 56ZN(2)— (a) for "Roads Corporation" (where first occurring) substitute "Head, Transport for Victoria"; -- 234 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 227 Authorised by the Chief Parliamentary Counsel (b) for "the head office of the Roads Corporation at 60 Denmark Street, Kew, Victoria, or any subsequent address of that head office," substitute "its offices". 28.34 In section 56ZO(5)(d), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.35 In section 56ZP(3) and (4)(a), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.36 In section 57(1), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.37 In section 62— (a) in subsection (1)(b), for "Roads Corporation and" substitute "Head, Transport for Victoria,"; (b) in subsection (1A), for "Roads Corporation" (where twice occurring) substitute "Head, Transport for Victoria". 28.38 In section 69, in the definition of operator— (a) in paragraph (b), for "Roads Corporation" (where twice occurring) substitute "Secretary"; (b) in paragraphs (c), (d)(i) and (ii) and (e), for "Roads Corporation" substitute "Secretary". 28.39 In section 89— (a) in subsection (2), for "Roads Corporation, the Head, Transport for Victoria or the Department of Transport, Planning and Local Infrastructure" substitute "the Head, Transport for Victoria or the Secretary"; (b) in subsection (3A), for "Roads Corporation or the Department of Transport, Planning and Local Infrastructure" substitute "Secretary"; -- 235 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 228 Authorised by the Chief Parliamentary Counsel (c) in subsection (5), for "Roads Corporation" substitute "Secretary". 28.40 In the heading to section 90, for "Roads Corporation" substitute "Secretary". 28.41 In section 90— (a) in subsection (1), for "Roads Corporation" (where first occurring) substitute "Secretary"; (b) in subsections (1)(c) and (2), for "Roads Corporation" substitute "Secretary". 28.42 In section 93I(1)(b), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.43 In the heading to section 94, for "Roads Corporation" substitute "the Head, Transport for Victoria". 28.44 In section 94(1) and (3), for "Roads Corporation" substitute "Head, Transport for Victoria". 28.45 In the heading to section 115A, for "Roads Corporation" substitute "Head, Transport for Victoria and Secretary". 28.46 In section 115A— (a) for "signed by the Chief Executive of the Roads Corporation" substitute "issued by the Head, Transport for Victoria"; (b) in paragraph (b), for "Roads Corporation" (where twice occurring) substitute "Head, Transport for Victoria". 29 Mineral Resources (Sustainable Development) Act 1990 29.1 In section 4(1), insert the following definition— "Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;". -- 236 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 229 Authorised by the Chief Parliamentary Counsel 29.2 In section 84AB— (a) for paragraph (a) substitute— "(a) the Department Head of the Department of Transport; (ab) the Department Head of the Department of Jobs, Precincts and Regions;"; (b) in paragraph (j), for "Roads Corporation under the Transport Integration Act 2010" substitute "Head, Transport for Victoria". 30 Motor Car Traders Act 1986 30.1 In section 42A(1)(b), for "Roads Corporation" substitute "Secretary to the Department of Transport". 30.2 In section 69(3)(c), for "Roads Corporation" substitute "Secretary to the Department of Transport". 30.3 In section 76(1)(d), for "Roads Corporation" substitute "Secretary to the Department of Transport". 31 National Parks Act 1975 31.1 In section 3(1), insert the following definition— "Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;". 31.2 In section 3(2), for "Roads Corporation" substitute "Head, Transport for Victoria". 31.3 In section 37A(1) and (5)(b)(ii), for "Roads Corporation" (wherever occurring) substitute "Head, Transport for Victoria". 31.4 In section 48(4)(b), for "Roads Corporation" substitute "Head, Transport for Victoria". -- 237 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 230 Authorised by the Chief Parliamentary Counsel 32 Owner Drivers and Forestry Contractors Act 2005 32.1 In section 56(1)(b) and in the note at the foot of section 56(1)(b), for "Roads Corporation" substitute "Secretary to the Department of Transport". 32.2 Section 56(3) is repealed. 32.3 In section 59(1)(b), for "Economic Development, Jobs, Transport and Resources" substitute "Transport". 33 Planning and Environment Act 1987 33.1 In section 3(1), in the definition of responsible public entity, for paragraph (b)(vii) substitute— "(vii) the Head, Transport for Victoria within the meaning of the Transport Integration Act 2010;". 33.2 In section 44(1)(c)(ii), for "Roads Corporation" substitute "Head, Transport for Victoria". 34 Port Management Act 1995 34.1 In section 3(1), in the definition of Secretary, for "Transport, Planning and Local Infrastructure" substitute "Transport". 34.2 In section 49M(4), for "the Head, Transport for Victoria's Internet site" substitute "an internet site maintained by the Department of Transport". 35 Rail Management Act 1996 35.1 In section 3(1)— (a) for the definition of Department substitute— "Department means the Department of Transport;"; (b) the definition of Public Transport Development Authority is repealed. -- 238 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 231 Authorised by the Chief Parliamentary Counsel 35.2 In section 3(2)— (a) in paragraph (a)— (i) omit "the Public Transport Development Authority,"; (ii) omit "on behalf of the Crown"; (b) in paragraph (b)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "on behalf of the Crown"; (iii) omit "or the Public Transport Development Authority". 35.3 In section 3(3)— (a) in paragraph (a)— (i) omit "the Public Transport Development Authority,"; (ii) omit "on behalf of the Crown"; (b) in paragraph (b)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "on behalf of the Crown"; (iii) omit "or the Public Transport Development Authority". 35.4 In section 38L(1), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 35.5 In section 38P(1) and (2), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". -- 239 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 232 Authorised by the Chief Parliamentary Counsel 35.6 For section 38P(3) and (4) substitute— "(3) The Head, Transport for Victoria must give a copy of a Statement of Freight Network Capability to— (a) the Minister; and (b) the Secretary. (4) After the Secretary receives a copy of a Statement of Freight Network Capability under subsection (3)(b), the Secretary must— (a) make a copy of the Statement of Freight Network Capability available for inspection free of charge at the principal office of the Department; and (b) publish the Statement of Freight Network Capability on the Department's Internet site.". 35.7 In section 38Q, for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 35.8 In the heading to section 38R, omit "and Head, Transport for Victoria". 35.9 In section 38R— (a) for "Public Transport Development Authority" substitute "Head, Transport for Victoria"; (b) for "Head, Transport for Victoria" substitute "Secretary". 35.10 In section 38ZQ(1), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". -- 240 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 233 Authorised by the Chief Parliamentary Counsel 35.11 In section 38ZS(1) and (7), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 35.12 In section 38ZT(1), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 35.13 In section 38ZW— (a) in subsection (1), omit "and the Public Transport Development Authority"; (b) in subsection (2)— (i) for "Minister," substitute "Minister and"; (ii) omit "and the Public Transport Development Authority"; (c) in subsection (3)— (i) omit "Public Transport Development Authority, after consultation with the"; (ii) for "Victoria," substitute "Victoria"; (d) in subsections (4)(d) and (5), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 35.14 In section 38ZX, in the definition of regulatory entity, for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 35.15 For section 38ZZF(4)(b) substitute— "(b) the Head, Transport for Victoria from disclosing information or the contents of a document to— (i) a person employed in the Department under Part 3 of the Public Administration Act 2004; or -- 241 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 234 Authorised by the Chief Parliamentary Counsel (ii) a consultant, contractor or agent engaged by the Head, Transport for Victoria for the purpose of assisting the Head, Transport for Victoria to perform its functions or exercise its powers under this Part.". 35.16 In section 60— (a) in subsection (3)(b)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "or the Public Transport Development Authority"; (b) in subsection (7)— (i) omit "on behalf of the Crown or the Public Transport Development Authority"; (ii) for "Public Transport Development Authority" (where secondly occurring) substitute "Head, Transport for Victoria". 35.17 In section 61— (a) in subsection (4)(a)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "on behalf of the Crown or the Public Transport Development Authority"; (b) in subsection (4)(b)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "on behalf of the Crown or the Public Transport Development Authority"; -- 242 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 235 Authorised by the Chief Parliamentary Counsel (iii) for "Public Transport Development Authority" (where secondly occurring) substitute "Head, Transport for Victoria". 35.18 In section 62— (a) in subsections (2)(b) and (2A)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "or the Public Transport Development Authority"; (b) in subsection (5)(a)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "on behalf of the Crown or the Public Transport Development Authority"; (c) in subsection (5)(b)— (i) omit "on behalf of the Crown or the Public Transport Development Authority"; (ii) for "Public Transport Development Authority" (where secondly occurring) substitute "Head, Transport for Victoria". 35.19 In section 63— (a) in subsections (2)(b) and (2A)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "or the Public Transport Development Authority"; -- 243 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 236 Authorised by the Chief Parliamentary Counsel (b) in subsection (5)(a)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "on behalf of the Crown or the Public Transport Development Authority"; (c) in subsection (5)(b)— (i) omit "on behalf of the Crown or the Public Transport Development Authority"; (ii) for "Public Transport Development Authority" (where secondly occurring) substitute "Head, Transport for Victoria". 35.20 In section 64— (a) in subsection (1)(a)— (i) for "Head, Public Transport for Victoria on behalf of the Crown" substitute "Head, Transport for Victoria"; (ii) omit "or that person and the Public Transport Development Authority"; (b) in subsection (3)(a)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "on behalf of the Crown or the Public Transport Development Authority"; (c) in subsection (3)(b)— (i) omit "on behalf of the Crown or the Public Transport Development Authority"; -- 244 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 237 Authorised by the Chief Parliamentary Counsel (ii) omit ", the Public Transport Development Authority". 35.21 In section 65— (a) in subsection (1)— (i) for "Head, Public Transport for Victoria" substitute "Head, Transport for Victoria"; (ii) omit "on behalf of the Crown or that person and the Public Transport Development Authority"; (b) in subsection (3)(a)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "on behalf of the Crown or the Public Transport Development Authority"; (c) in subsection (3)(b)— (i) omit "on behalf of the Crown or the Public Transport Development Authority"; (ii) for "Public Transport Development Authority" (where secondly occurring) substitute "Head, Transport for Victoria". 35.22 In section 66— (a) in subsection (1), for "Roads Corporation" substitute "Head, Transport for Victoria"; (b) in subsections (2)(b) and (2A)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "or the Public Transport Development Authority"; -- 245 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 238 Authorised by the Chief Parliamentary Counsel (c) in subsection (5)(a)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "on behalf of the Crown or the Public Transport Development Authority"; (d) in subsection (5)(b)— (i) omit "on behalf of the Crown or the Public Transport Development Authority"; (ii) for "Public Transport Development Authority" (where secondly occurring) substitute "Head, Transport for Victoria". 35.23 In section 67— (a) in subsection (1)— (i) for "Head, Public Transport for Victoria" substitute "Head, Transport for Victoria"; (ii) omit "on behalf of the Crown or that person and the Public Transport Development Authority"; (b) in subsections (2)(b) and (2A)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "or the Public Transport Development Authority"; (c) in subsection (4)(a)— (i) for "Secretary," substitute "Secretary or"; -- 246 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 239 Authorised by the Chief Parliamentary Counsel (ii) omit "on behalf of the Crown or the Public Transport Development Authority"; (d) in subsection (4)(b)— (i) omit "on behalf of the Crown or the Public Transport Development Authority"; (ii) for "Public Transport Development Authority" (where secondly occurring) substitute "Head, Transport for Victoria". 35.24 In the heading to Division 1A of Part 4— (a) for "Secretary," substitute "Secretary and"; (b) omit "and the Public Transport Development Authority". 35.25 In section 67A— (a) in subsection (1), omit "on behalf of the Crown or the Public Transport Development Authority"; (b) in subsection (2)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "or the Public Transport Development Authority"; (c) in subsection (4)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "or the Public Transport Development Authority"; (iii) in paragraph (b) omit "on behalf of the Crown". -- 247 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 240 Authorised by the Chief Parliamentary Counsel 35.26 In section 67B— (a) in subsection (1), omit "on behalf of the Crown, the Public Transport Development Authority"; (b) in subsection (2)— (i) for "Crown," (where twice occurring) substitute "Crown or"; (ii) omit "on behalf of the Crown or the Public Transport Development Authority" (where twice occurring). 35.27 In section 67C— (a) for "Crown," (where twice occurring) substitute "Crown or"; (b) omit "on behalf of the Crown or the Public Transport Development Authority" (where twice occurring). 35.28 In section 67D— (a) for "Crown," (where twice occurring) substitute "Crown or"; (b) omit "on behalf of the Crown or the Public Transport Development Authority" (where twice occurring). 35.29 In section 67E— (a) for "Crown," (wherever occurring) substitute "Crown or"; (b) omit "on behalf of the Crown or the Public Transport Development Authority" (wherever occurring). 35.30 In section 67F— (a) in subsection (1)— (i) for "Crown," (where twice occurring) substitute "Crown or"; -- 248 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 241 Authorised by the Chief Parliamentary Counsel (ii) omit "on behalf of the Crown or the Public Transport Development Authority" (where twice occurring); (b) in subsection (2)— (i) in paragraph (aa), for "Victoria; or" substitute "Victoria."; (ii) paragraph (b) is repealed. 35.31 In section 67G— (a) for "Crown," substitute "Crown or"; (b) omit "on behalf of the Crown or the Public Transport Development Authority"; (c) omit "the Roads Corporation or". 35.32 In section 67H— (a) for "Secretary," substitute "Secretary or"; (b) omit "or the Public Transport Development Authority"; (c) for "Head, Transport for Victoria on behalf of the Crown" substitute "Head, Transport for Victoria"; (d) omit "or the Public Transport Development Authority and Rail Track". 35.33 In section 67I— (a) subsections (3) and (4) are repealed; (b) in subsection (5)— (i) for "Secretary," substitute "Secretary and"; (ii) omit "and the Public Transport Development Authority"; (iii) omit "or the Public Transport Development Authority". -- 249 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 242 Authorised by the Chief Parliamentary Counsel 35.34 In section 68(1), in the definition of agreement, lease or licence— (a) in paragraph (a)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "on behalf of the Crown or the Public Transport Development Authority"; (b) in paragraph (b)— (i) omit "on behalf of the Crown" (where first occurring); (ii) omit ", the Public Transport Development Authority"; (iii) in subparagraph (i)— (A) omit "on behalf of the Crown" (where first occurring); (B) for "statutory body" substitute "the statutory body"; (C) omit ", Public Transport Development Authority"; (D) for "other person" substitute "any other person". 35.35 In section 68(3)(ba) and (4)(a)— (a) for "Secretary," substitute "Secretary or"; (b) omit "on behalf of the Crown or the Public Transport Development Authority". 35.36 In section 68(4)(b)— (a) omit "on behalf of the Crown or the Public Transport Development Authority"; (b) omit ", the Public Transport Development Authority". -- 250 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 243 Authorised by the Chief Parliamentary Counsel 35.37 In section 69— (a) in subsection (1)— (i) omit "the Public Transport Development Authority or" (wherever occurring); (ii) omit "on behalf of the Crown" (wherever occurring); (iii) omit "the Public Transport Development Authority's powers under Division 3 or"; (iv) for "that Division" substitute "Division 3"; (b) in subsection (2)— (i) omit "the Public Transport Development Authority or" (wherever occurring); (ii) omit "on behalf of the Crown" (wherever occurring); (c) in subsection (4)(a)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "on behalf of the Crown or the Public Transport Development Authority"; (d) in subsection (4)(b)— (i) omit "on behalf of the Crown or the Public Transport Development Authority"; (ii) for "Public Transport Development Authority" (where secondly occurring) substitute "Head, Transport for Victoria". -- 251 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 244 Authorised by the Chief Parliamentary Counsel 35.38 In section 70— (a) in subsection (1)— (i) omit "the Public Transport Development Authority or" (wherever occurring); (ii) omit "on behalf of the Crown" (wherever occurring); (b) in subsection (3)(a)— (i) for "Secretary," substitute "Secretary or"; (ii) omit "on behalf of the Crown or the Public Transport Development Authority"; (c) in subsection (3)(b)— (i) omit "on behalf of the Crown or the Public Transport Development Authority"; (ii) for "Public Transport Development Authority" (where secondly occurring) substitute "Head, Transport for Victoria". 35.39 In section 71— (a) in subsection (1)(a)— (i) omit "the Public Transport Development Authority or"; (ii) omit "on behalf of the Crown"; (b) in subsection (1)(b)— (i) for "signed by the Chief Executive Officer of the Public Transport Development Authority or" substitute "issued by"; (ii) omit "on behalf of the Crown"; -- 252 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 245 Authorised by the Chief Parliamentary Counsel (c) in subsection (3), omit "the Public Transport Development Authority or"; 35.40 In section 72— (a) omit "the Public Transport Development Authority or"; (b) omit "on behalf of the Crown". 35.41 In the heading to section 74, omit "the Chief Executive Officer of the Public Transport Development Authority or". 35.42 In section 74— (a) in subsections (1) and (2), omit "the Chief Executive Officer of the Public Transport Development Authority or"; (b) in subsections (2) and (3), omit "Public Transport Development Authority or the". 35.43 In section 75— (a) omit "the Public Transport Development Authority or" (where twice occurring); (b) omit "on behalf of the Crown" (where twice occurring). 35.44 Section 103(c) is repealed. 35.45 In section 103, for "his or her" substitute "the Minister's". 36 Road Safety Camera Commissioner Act 2011 36.1 In the heading to section 19A, for "Roads Corporation" substitute "the Secretary to the Department of Transport". 36.2 In section 19A(1), for "Roads Corporation" substitute "Secretary to the Department of Transport". -- 253 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 246 Authorised by the Chief Parliamentary Counsel 37 Sentencing Act 1991 37.1 In section 10AA, in paragraph (i) of the definition of emergency worker, for "Economic Development, Jobs, Transport and Resources" substitute "Transport or the Department of Jobs, Precincts and Regions". 37.2 In the heading to section 87Q, for "Roads Corporation" substitute "the Secretary to the Department of Transport". 37.3 In section 87Q, for "Roads Corporation" substitute "Secretary to the Department of Transport". 37.4 In note 2 at the foot of section 89, for "Roads Corporation" substitute "Secretary to the Department of Transport". 37.5 In note 2 at the foot of section 89A, for "Roads Corporation" substitute "Secretary to the Department of Transport". 37.6 In the note at the foot of section 89C, for "Roads Corporation" substitute "Secretary to the Department of Transport". 38 State Electricity Commission Act 1958 38.1 In section 3(1), in the definition of government department— (a) omit "the Public Transport Corporation"; (b) for "Roads Corporation" substitute "Head, Transport for Victoria". 39 Sustainable Forests (Timber) Act 2004 39.1 In section 3, the definition of VicRoads is repealed. 39.2 In Schedule 2, in item 10, for "VicRoads" substitute "the Department of Transport". -- 254 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 247 Authorised by the Chief Parliamentary Counsel 40 Taxation Administration Act 1997 40.1 In section 92(1)(e)(ve), for "Roads Corporation (within the meaning of section 3 of the Transport Integration Act 2010)" substitute "Secretary to the Department of Transport". 41 Tourist and Heritage Railways Act 2010 41.1 In section 3, the definition of Public Transport Development Authority is repealed. 41.2 In section 6— (a) for "The Public Transport Development Authority" substitute "VicTrack"; (b) for "the Public Transport Development Authority" substitute "VicTrack"; (c) for "section 79BJ" substitute "section 147(7)". 41.3 In section 8(1)— (a) for "The Public Transport Development Authority" substitute "VicTrack"; (b) for "the Public Transport Development Authority" substitute "VicTrack". 41.4 In section 9(1), for "The Public Transport Development Authority" substitute "VicTrack". 41.5 In section 22(1), for "The Public Transport Development Authority" substitute "VicTrack". 41.6 In section 24(2) and (3), for "the Public Transport Development Authority" substitute "VicTrack". 42 Transport Accident Act 1986 42.1 In section 3(1), insert the following definitions— "Department means the Department of Transport; Secretary means Secretary to the Department of Transport;". -- 255 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 248 Authorised by the Chief Parliamentary Counsel 42.2 In section 120(1A), for "an officer of the Roads Corporation of Victoria" substitute "the Secretary or an employee in the Department who is authorised to do so by the Secretary". 42.3 In the heading to section 126C, for "Roads Corporation" substitute "the Secretary to the Department of Transport". 42.4 In section 126C(1), for "Roads Corporation" substitute "Secretary to the Department of Transport". 43 Transport Integration Act 2010 43.1 For section 27A(1)(c) substitute— "(c) the Commercial Passenger Vehicle Commission;". 43.2 In section 80(3) omit "consistent with the primary object of the Roads Corporation". 43.3 In the heading to section 115P omit "and the lead transport agency". 43.4 In section 115P omit "and the lead transport agency". 43.5 In section 115QA(1), for "lead transport agency" substitute "Secretary". 43.6 In section 115SE(2), for "lead transport agency" substitute "Secretary". 43.7 In section 115SF omit ", 115SD". 43.8 In the heading to section 141G, for "lead transport agency" substitute "Secretary". 43.9 In section 141G(1), for "lead transport agency" substitute "Secretary". 43.10 In the heading to section 141U, for "lead transport agency" substitute "Secretary". -- 256 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 249 Authorised by the Chief Parliamentary Counsel 43.11 In section 141U(1), for "lead transport agency" substitute "Secretary". 43.12 In section 153(1), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 43.13 In section 167(4), for "lead transport agency" substitute "Secretary". 43.14 In section 168 omit ", 166". 43.15 In section 169(4), for "lead transport agency" substitute "Secretary". 43.16 In section 197A, in the definition of regulator, for paragraph (e) substitute— "(e) the Commercial Passenger Vehicle Commission;". 44 Transport Superannuation Act 1988 44.1 In section 3(1), in paragraph (b) of the definition of Transport Authority, for "Roads Corporation" substitute "Secretary to the Department of Transport". 45 Transport (Compliance and Miscellaneous) Act 1983 45.1 In section 2(1)— (a) in the definition of bus company omit "on behalf of the Crown or the Public Transport Development Authority"; (b) for the definition of Department substitute— "Department means the Department of Transport;"; -- 257 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 250 Authorised by the Chief Parliamentary Counsel (c) in the definition of entitlement to use a public transport service— (i) omit "the Public Transport Development Authority or"; (ii) omit "on behalf of the Crown"; (d) in the definition of officer omit "or in or by the Corporation (whether or not that person is employed in the transport service)"; (e) the definition of Public Transport Development Authority is repealed; (f) the definition of Roads Corporation is repealed. 45.2 In section 2(2A), omit "or the Public Transport Development Authority". 45.3 In section 2(2C)— (a) in paragraph (a)— (i) omit "the Public Transport Development Authority or"; (ii) omit "on behalf of the Crown"; (b) in paragraph (b) omit "on behalf of the Crown or the Public Transport Development Authority"; 45.4 In section 2(2D)— (a) in paragraph (a)— (i) omit "the Public Transport Development Authority or"; (ii) omit "on behalf of the Crown"; (b) in paragraph (b) omit "on behalf of the Crown or the Public Transport Development Authority"; -- 258 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 251 Authorised by the Chief Parliamentary Counsel 45.5 In section 56(1)— (a) in paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) and (r), for "Roads Corporation" substitute "Head, Transport for Victoria"; (b) in paragraphs (e), (f), (h) and (k), for "Public Transport Development Authority" substitute "Head, Transport for Victoria"; (c) in paragraphs (i) and (j), for "that Corporation" (wherever occurring) substitute "the Head, Transport for Victoria". 45.6 In section 56(2)— (a) in paragraph (b), for "Roads Corporation" substitute "Secretary"; (b) in paragraphs (l), (m), (o) and (r), for "Roads Corporation" (wherever occurring) substitute "Head, Transport for Victoria". 45.7 In section 56(3)— (a) in paragraphs (c) and (d), for "Roads Corporation" substitute "Head, Transport for Victoria"; (b) in paragraph (f)— (i) for "Roads Corporation" substitute "Head, Transport for Victoria"; (ii) for "that Corporation or" substitute "the Head, Transport for Victoria, that"; (c) in paragraph (g), for "Roads Corporation or an officer of the Roads Corporation" substitute "Head, Transport for Victoria"; (d) in paragraph (f), for "that Corporation" substitute "the Head, Transport for Victoria". -- 259 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 252 Authorised by the Chief Parliamentary Counsel 45.8 In section 56(4)(b), for "Roads Corporation" (where twice occurring) substitute "Head, Transport for Victoria". 45.9 Section 85A(a) is repealed. 45.10 In section 195(1) and (2)(b), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 45.11 In the heading to section 196, for "Public Transport Development Authority" substitute "The Head, Transport for Victoria". 45.12 In section 196, for "Public Transport Development Authority" (where twice occurring) substitute "Head, Transport for Victoria". 45.13 In section 198(1), for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 45.14 In section 199(1) and (2) for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 45.15 In the heading to section 200, for "Public Transport Development Authority" substitute "The Head, Transport for Victoria". 45.16 In section 200(1), for "Public Transport Development Authority" (where twice occurring) substitute "Head, Transport for Victoria". 45.17 In section 200(2), for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 45.18 In section 200(3), for "Public Transport Development Authority" (where twice occurring) substitute "Head, Transport for Victoria". -- 260 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 253 Authorised by the Chief Parliamentary Counsel 45.19 In section 201(1)(a), (b) and (2), for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 45.20 In the heading to section 202, for "Public Transport Development Authority" substitute "The Head, Transport for Victoria". 45.21 In section 202(1) and (2), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 45.22 In section 203(1), (2) and (3), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 45.23 In section 204, for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 45.24 Section 212(1A)(a) is repealed. 45.25 Section 212A is repealed. 45.26 In section 213A(3), (5) and (6), for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 45.27 In section 215(1)(ga), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 45.28 In section 216(1)— (a) for "officer of the Roads Corporation" (where twice occurring) substitute "employee in the Department"; (b) for "that Corporation" substitute "the Secretary". -- 261 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 254 Authorised by the Chief Parliamentary Counsel 45.29 In section 216(2)— (a) for "officer" (where first occurring) substitute "employee"; (b) for "officer of" substitute "employee or". 45.30 Insert the following heading to section 217— "217 Powers of officers authorised by the Secretary". 45.31 In section 217(1)— (a) for "officer of the Roads Corporation" substitute "employee in the Department"; (b) for "that Corporation" (where twice occurring) substitute "the Secretary". 45.32 In section 217(2), for "officer of the Roads Corporation" substitute "employee in the Department". 45.33 In section 217(3), for "Chief Executive of the Roads Corporation" (wherever occurring) substitute "Secretary". 45.34 In section 217(4), for "officer" (where twice occurring) substitute "employee". 45.35 In section 220D(1B), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 45.36 In section 221(7)— (a) for "Victoria," (where first occurring) substitute "Victoria or"; (b) omit "a director, member of staff or the Chief Executive Officer of the Public Transport Development Authority or" (where twice occurring). -- 262 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 255 Authorised by the Chief Parliamentary Counsel 45.37 In section 221U— (a) in paragraph (a) of the definition of rail premises, omit "or the Public Transport Development Authority"; (b) in the definition of railway track, omit "or the Public Transport Development Authority"; (c) in the definition of tramway track, omit "or the Public Transport Development Authority". 45.38 In section 221X(1) and (2), for "Roads Corporation" substitute "Head, Transport for Victoria". 45.39 In section 221XA(1), (3) and (4), for "Roads Corporation" substitute "Head, Transport for Victoria". 45.40 In section 221XB— (a) in subsection (1)— (i) for "Roads Corporation's opinion" substitute "opinion of the Head, Transport for Victoria"; (ii) omit "or employees of the Roads Corporation"; (iii) for "Roads Corporation" (where secondly occurring) substitute "Head, Transport for Victoria"; (b) in subsection (2), for "Roads Corporation's opinion" substitute "opinion of the Head, Transport for Victoria". 45.41 In section 221XC(1), for "Roads Corporation" substitute "Head, Transport for Victoria". 45.42 In section 221XD, for "Roads Corporation" substitute "Head, Transport for Victoria". -- 263 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 256 Authorised by the Chief Parliamentary Counsel 45.43 In section 221Y(1)(c), for "Roads Corporation" substitute "Head, Transport for Victoria". 45.44 In section 221ZA(1), for "Roads Corporation" substitute "Head, Transport for Victoria". 45.45 In section 221ZH(1), for "Public Transport Development Authority" substitute "Head, Transport for Victoria". 45.46 In section 222B(1) and (2), for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 45.47 In the heading to section 223, for "Roads Corporation" substitute "the Head, Transport for Victoria". 45.48 In section 223, for "Roads Corporation" substitute "Head, Transport for Victoria". 45.49 In section 225(1), in paragraph (a) of the definition of officer— (a) for "officer or agent of the Roads Corporation," substitute "employee in the Department or of"; (b) omit "or of the Department,". 45.50 For section 225B(a) substitute— "(a) an employee in the Department; or (ab) the person appointed under section 64AE of the Transport Integration Act 2010 as entity Head for the Head, Transport for Victoria; or". 45.51 In section 229(1) and (1B)(a), for "Roads Corporation" substitute "Head, Transport for Victoria". -- 264 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 257 Authorised by the Chief Parliamentary Counsel 45.52 In section 229(1A)(a)— (a) for "Roads Corporation" substitute "Secretary or the Head, Transport for Victoria"; (b) for "that Corporation" substitute "the Secretary or the Head, Transport for Victoria". 45.53 In section 229(3), for "Roads Corporation shall be paid into the general fund of that Corporation" substitute "Secretary shall be paid into the Roads Fund or another account or fund determined by the Treasurer or the Minister administering Part 7 of the Financial Management Act 1994". 45.54 In section 230— (a) in subsection (1)— (i) for "Roads Corporation" substitute "Head, Transport for Victoria"; (ii) for "that Corporation" substitute "the Head, Transport for Victoria"; (b) in subsection (2)— (i) for "under the hand of the Chief Executive of the Roads Corporation," substitute "issued by the Head, Transport for Victoria or signed by the chief executive of"; (ii) for "Roads Corporation" (where secondly occurring) substitute "Head, Transport for Victoria"; (c) in subsection (3)— (i) for "officer of the Roads Corporation" substitute "employee in the Department"; -- 265 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 258 Authorised by the Chief Parliamentary Counsel (ii) for "authorized" substitute "authorised"; (iii) for "Chief Executive of that Corporation" substitute "Head, Transport for Victoria or the Secretary"; (d) in subsection (3A), for "under the hand of" substitute "issued by"; (e) in subsection (4)— (i) for "under the hand of" substitute "signed by"; (ii) omit ", the Head, Transport for Victoria, the Chief Executive Officer of the Public Transport Development Authority or the Chief Executive of the Roads Corporation" (where twice occurring); (iii) for "officer of the Department" substitute "officer in the Department"; (iv) omit "or a director or member of staff of that Authority or of that Corporation"; (f) after subsection (4) insert— "(4A) A notice, statement, certificate or other document purporting to be issued by the Head, Transport for Victoria is admissible in evidence in any proceeding and, in the absence of evidence to the contrary, is proof of the matters set out in the notice, statement, certificate or document."; (g) in subsection (5)— (i) for "Roads Corporation" substitute "Head, Transport for Victoria"; -- 266 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 259 Authorised by the Chief Parliamentary Counsel (ii) for "under the hand of the Chief Executive of that Corporation or" substitute "by the Head, Transport for Victoria or the chief executive of"; (h) subsection (7) is repealed. 45.55 In section 230AD, for "Public Transport Development Authority or the Chief Executive Officer of the Public Transport Development Authority" substitute "Head, Transport for Victoria". 45.56 In section 230AF(7)(c), for "Public Transport Development Authority or the Chief Executive Officer of the Public Transport Development Authority" substitute "Head, Transport for Victoria". 45.57 In the heading to section 249, for "Roads Corporation" substitute "Head, Transport for Victoria". 45.58 In section 249(1), for "Roads Corporation" (where twice occurring) substitute "Head, Transport for Victoria". 45.59 In section 252(1), for "Roads Corporation" (where twice occurring) substitute "Head, Transport for Victoria". 45.60 In section 256(1)(a), for "Roads Corporation" (where twice occurring) substitute "Head, Transport for Victoria". 46 Workplace Injury Rehabilitation and Compensation Act 2013 46.1 In the heading to section 557, for "VicRoads" substitute "The Secretary to the Department of Transport". -- 267 of 269 -- Schedule 4—Consequential amendments to other Acts Transport Legislation Amendment Act 2019 No. 49 of 2019 260 Authorised by the Chief Parliamentary Counsel 46.2 In section 557(1)— (a) for "Roads Corporation" substitute "Secretary to the Department of Transport"; (b) for "the Corporation" substitute "the Secretary to the Department of Transport" 46.3 In item 3 of Schedule 8 omit ", Planning and Local Infrastructure". 47 Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 47.1 In section 3(1)— (a) insert the following definition— "Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;"; (b) in the definition of responsible public entity, for paragraph (f) substitute— "(f) the Head, Transport for Victoria; or". ═════════════ -- 268 of 269 -- Transport Legislation Amendment Act 2019 No. 49 of 2019 Endnotes 261 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 30 October 2019 Legislative Council: 14 November 2019 The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Integration Act 2010, the Road Safety Act 1986, the Accident Towing Services Act 2007, the Heavy Vehicle National Law Application Act 2013, the Road Management Act 2004, the Transport (Compliance and Miscellaneous) Act 1983 and the Commercial Passenger Vehicle Industry Act 2017, to make consequential amendments to other Acts and for other purposes." -- 269 of 269 --