Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 2 Part 2—Governance 3 3 New Part 4A inserted—Governance 3 Part 3—Related and consequential amendments 48 4 Amendment of section 3—Definitions 48 5 New section 25A inserted 49 6 Section 32 substituted—Objects of the Department 50 7 Section 33 substituted—Functions of the Department 50 8 New section 33A inserted—Functions of the Secretary 51 9 Amendment of section 34—Powers of the Secretary 52 10 Repeal of section 37A—Contingency planning for exercise of certain powers 52 11 Repeal of Division 5 of Part 3 52 12 Amendment of section 63—Transport plan 53 13 Section 64 substituted—Corporate plans 53 14 Amendment of section 79AD—Object of the Public Transport Development Authority 57 15 Amendment of section 79AE—Functions of the Public Transport Development Authority 57 16 Amendment of section 79AF—Powers of the Public Transport Development Authority 62 17 Sections 79B to 79BI substituted 62 18 Amendment of section 79C—Compulsory acquisition of land 65 19 Consequential amendments 65 20 Amendment of section 80—Roads Corporation 66 21 Amendment of section 84—Chief Executive of the Roads Corporation 67 22 Amendment of section 86—Object of the Roads Corporation 67 23 Amendment of section 87—Functions of the Roads Corporation 67 -- 1 of 111 -- Section Page ii Authorised by the Chief Parliamentary Counsel 24 Amendment of section 88—Powers of the Roads Corporation 70 25 Miscellaneous amendments 71 26 Amendment of section 115F—Functions of Taxi Services Commission 71 27 Amendment of section 115G—Powers of the Taxi Services Commission 72 28 Amendment of section 115P 72 29 Amendment of section 115QA—Chief executive officer 72 30 New sections 115SC to 115SF inserted 73 31 Amendment of section 120—Functions of Victorian Rail Track 76 32 Amendment of section 132—Functions of V/Line Corporation 76 33 Amendment of section 138—Functions of the Linking Melbourne Authority 77 34 Amendment of section 138A—Compulsory acquisition of land 77 35 Amendment of section 141—General fund 77 36 Amendment of section 141E—Functions of Victorian Ports Corporation (Melbourne) 77 37 Amendment of section 141G 78 38 Amendment of section 141M—Functions of Victorian Regional Channels Authority 78 39 Amendment of section 141T—Functions of Port of Hastings Development Authority 78 40 Amendment of section 141U 79 41 Amendment of section 152—Powers of a Transport Corporation 79 42 Amendment of section 165—Corporate plan 79 43 Amendment of section 166—Statement of corporate intent 80 44 Amendment of section 167—Corporate plan to be followed 80 45 Amendment of section 169—Board of directors to give notice of significant events 80 46 Functions of Director, Transport Safety 80 47 Delegation by the Director, Transport Safety 81 48 Functions of the Chief Investigator, Transport Safety 82 49 Powers of transport safety appointee 82 50 Consequential amendments to specified Acts 82 Part 4—Transfer to V/Line Corporation 83 51 New Part 11 inserted 83 Part 5—Repeal 98 52 Repeal of amending Act 98 Schedule 1—Consequential amendments to other Acts 99 ═══════════════ Endnotes 109 1 General information 109 -- 2 of 111 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 † No. 3 of 2017 [Assented to 14 February 2017] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purpose The purpose of this Act is to— (a) amend the Transport Integration Act 2010 to improve overall transport integration in Victoria and enhance the transport user experience by reforming the governance of sector transport agencies and establishing Victoria -- 3 of 111 -- Part 1—Preliminary Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 2 Authorised by the Chief Parliamentary Counsel the Head, Transport for Victoria as the lead transport agency; and (b) amend the Transport Integration Act 2010 to provide for the ongoing public ownership of V/Line's operations; and (c) make related and consequential amendments to the Transport Integration Act 2010 and certain other Acts. 2 Commencement (1) Section 1 and this section 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 (including the items and provisions of items in Schedule 1) come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) (including the items and provisions of items in Schedule 1) does not come into operation before 31 December 2017, it comes into operation on that day. -- 4 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 3 Authorised by the Chief Parliamentary Counsel Part 2—Governance 3 New Part 4A inserted—Governance After Part 4 of the Transport Integration Act 2010 insert— 'Part 4A—Governance Division 1—Head, Transport for Victoria 64A Head, Transport for Victoria (1) The office of Head, Transport for Victoria is established. (2) Subject to this section, the person appointed to hold the office of Head, Transport for Victoria is to be employed under Part 3 of the Public Administration Act 2004. (3) For the purposes of Part 3 of the Public Administration Act 2004, the Secretary is the employer of the Head, Transport for Victoria. (4) The Secretary must not make an appointment under this section unless the appointment has been endorsed by the Minister. 64B Object of the Head, Transport for Victoria The primary object of the Head, Transport for Victoria is to be the lead transport agency in Victoria and includes the following— (a) ensuring that a transport system is provided that is consistent with the vision statement and the transport system objectives; -- 5 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 4 Authorised by the Chief Parliamentary Counsel (b) developing and implementing policies, strategies and plans to deliver better integrated and connected transport services that have an improved transport user focus and provide value for money to the community; (c) supporting, giving guidance to, and where appropriate, giving directions to, sector transport agencies to ensure improved governance and accountability in achieving their primary objects, performing their functions and exercising their powers; (d) reviewing the strategic plans, corporate plans, business plans and budgets of sector transport agencies to ensure that they are consistent with the vision statement, the transport system objectives and the decision making principles; (e) seeking to enhance the experience of transport system users by implementing measures to improve— (i) communication of information about transport services to provide greater choice across all transport modes; (ii) transport connections, transport services reliability and transport system efficiency; (f) building and promoting a culture across sector transport agencies that proactively and cooperatively focuses on integrated transport outcomes in response to the requirements of -- 6 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 5 Authorised by the Chief Parliamentary Counsel transport system users and communities; (g) consulting and collaborating with relevant bodies to achieve better integrated transport outcomes. 64C Functions of the lead transport agency (1) The functions of the lead transport agency are to— (a) be the lead in achieving greater efficiency and effectiveness in the transport system, including in the procurement, development, construction and commissioning of transport infrastructure and services, contracting for transport services and project development and delivery; (b) lead in the strategic planning of all forms of transport and the delivery of an integrated transport system; (c) be the lead in all of the strategic and regulatory policy, advice and legislation functions, including road safety legislation, and, where relevant, operational policy relating to the integration and improvement of the transport system and related matters; (d) develop strategies, plans, standards, performance indicators, programs and timetables to facilitate the integration and improvement of the transport system; (e) undertake operational activities, including transport system operations, asset management and project management, where necessary or -- 7 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 6 Authorised by the Chief Parliamentary Counsel desirable to achieve the object of the lead transport agency; (f) if authorised by the Secretary to do so, carry out, or support the Secretary in carrying out, any enforcement functions specified in the authorisation which are conferred on the Secretary by any other Act or any regulations under any other Act; (g) act on behalf of the Minister in carrying out efficiently and effectively any contract entered into by the Minister on behalf of the Crown; (h) seek to represent transport interests and wider State issues in liaising with Victorian, Commonwealth and other jurisdictions' Departments and agencies; (i) keep the Secretary informed of significant developments relating to the transport system and related matters, including the performance of the transport system; (j) direct, support, approve 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 any Transport Restructuring Orders; (k) perform any function that a sector transport agency has under this or any other Act which is conferred on the lead transport agency under a Transport Restructuring Order; -- 8 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 7 Authorised by the Chief Parliamentary Counsel (l) provide transport information to transport system users to enhance user experience; (m) perform any other functions or duties conferred on the lead transport agency under a Transport Restructuring Order or by or under this Act or any other Act or any regulations under this Act or any other Act. (2) The lead transport agency 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 lead transport agency under this Act and other transport legislation and any Transport Restructuring Orders. (3) The lead transport agency 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 lead transport agency. 64D Powers of the lead transport agency (1) The lead transport agency 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 as incidental to, the achievement of the object of the lead transport agency and the performance of the functions of the lead transport agency. (2) Without limiting the generality of subsection (1), the lead transport agency may on behalf of the Crown— (a) conduct or undertake the administration of arrangements entered into with any person or body to provide transport -- 9 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 8 Authorised by the Chief Parliamentary Counsel services in connection with the functions of the lead transport agency; (b) enter into any agreement or contract to support the provision of transport services in connection with the functions of the lead transport agency; (c) enter into any lease or licence to support the provision of transport services in connection with the functions of the lead transport agency; (d) acquire, own, build, maintain and operate public transport infrastructure and related infrastructure; (e) enter into an agreement relating to the allocation of revenue which is derived from the provision of transport services; (f) give indemnities, guarantees, releases and charges, and anything else of a similar nature; (g) exercise the powers conferred on the lead transport agency under a Transport Restructuring Order or by any other Act or any regulations under any other Act. (3) Without limiting the generality of subsection (1), the lead transport agency may on behalf of the Crown— (a) participate in the formation of a corporation, trust, partnership or other body; (b) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation; -- 10 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 9 Authorised by the Chief Parliamentary Counsel (c) become a member of a company limited by guarantee; (d) subscribe for or otherwise acquire, and hold and dispose of, units in a trust; (e) acquire, and hold and dispose of, an interest in a partnership or other body; (f) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the lead transport agency; (g) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trademark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information); (h) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right; (i) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; -- 11 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 10 Authorised by the Chief Parliamentary Counsel (j) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit, any Crown copyright; (k) engage consultants, contractors or agents; (l) act as an agent of another person. (4) Despite subsection (3)(a), the lead transport agency cannot in relation to the provision of regional transport services participate in the formation of a corporation without the consent of the Premier, the Treasurer and the Minister. (5) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on the lead transport agency. 64E Powers in relation to land (1) The lead transport agency may, on behalf of the Crown— (a) acquire, hold or dispose of land; and (b) otherwise deal with any land held by the lead transport agency. (2) Any acquisition (including any compulsory acquisition under section 64G) or disposition of or other dealing with land by the lead transport agency on behalf of the Crown must be made in the name of "Head, Transport for Victoria". 64F Recording of dealings (1) If the lead transport agency acquires any land on behalf of the Crown, any recording in the Register by the Registrar of Titles of the acquisition must be made in the name of -- 12 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 11 Authorised by the Chief Parliamentary Counsel "Head, Transport for Victoria" as registered proprietor. (2) If the lead transport agency, on behalf of the Crown, disposes of or otherwise deals with any land held in the name of "Head, Transport for Victoria", any recording in the Register by the Registrar of Titles of the disposition or dealing must be made in the name of "Head, Transport for Victoria". (3) If the lead transport agency, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land, the Registrar must make any recording in relation to that dealing in the name of "Head, Transport for Victoria". (4) To avoid doubt, land acquired in fee simple by the lead transport agency on behalf of the Crown is Crown land. (5) Despite subsection (4) and anything to the contrary in the Land Act 1958 or the Transfer of Land Act 1958, if land acquired by the lead transport agency on behalf of the Crown— (a) is under the operation of the Transfer of Land Act 1958, it remains under the operation of that Act; and (b) is not under the operation of the Transfer of Land Act 1958, it may be brought under the operation of that Act. 64G Compulsory acquisition of land (1) Subject to the approval of the Minister, the lead transport agency may on behalf of the Crown compulsorily acquire any land which is or may be required by the lead transport agency for or in connection with the -- 13 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 12 Authorised by the Chief Parliamentary Counsel performance of the functions or the exercise of the powers of the lead transport agency. (2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose— (a) the Transport Integration Act 2010 is the special Act; (b) the lead transport agency is the Authority; (c) land includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land; (d) section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority to enter any land and section 75(6) did not apply. (3) In full or part settlement of any compensation that the lead transport agency is liable to pay, the lead transport agency may on behalf of the Crown— (a) transfer a building from land owned by a person entitled to the compensation to other land owned either by that person or by the lead transport agency on behalf of the Crown; or (b) transfer a building from land owned by the lead transport agency on behalf of the Crown to other land owned either by the lead transport agency on behalf of the Crown or by a person entitled to the compensation. -- 14 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 13 Authorised by the Chief Parliamentary Counsel (4) If the lead transport agency acquires any land compulsorily under this section— (a) the lead transport agency may on behalf of the Crown require the owner of the land to take any land adjoining it that is owned by the lead transport agency on behalf of the Crown and is no longer required by the lead transport agency on behalf of the Crown; and (b) the value of that adjoining land must be deducted from any sum to be paid by way of compensation to the owner for the compulsory acquisition; and (c) if that value cannot be agreed between the lead transport agency on behalf of the Crown and the owner it must be settled in the same manner and at the same time as the compensation to be paid to the owner. 64H Easements (1) If any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by the lead transport agency on behalf of the Crown, it is deemed for all purposes to be an easement even though there is no land vested in or held by the lead transport agency on behalf of the Crown that is in fact benefited or capable of being benefited by that right. (2) If by or under this Act any private right of way or easement is extinguished or any easement is acquired by the lead transport agency on behalf of the Crown— -- 15 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 14 Authorised by the Chief Parliamentary Counsel (a) the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and (b) the holder of any relevant certificate of title must deliver it to the Registrar of Titles. (3) Subsection (2) does not apply to an easement acquired compulsorily by the lead transport agency on behalf of the Crown. 64I Lead transport agency may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978 (1) The lead transport agency may use any Crown land for transport purposes with the approval of the Minister administering the Act relating to the management or use of the land given by the Minister in accordance with any requirements which apply under that Act. (2) If any Crown land proposed to be so used or managed by the lead transport agency is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use or management, the lead transport agency cannot use or manage the land unless and until the reservation is revoked in accordance with section 9 of that Act. (3) The lead transport agency must make compensation, in respect of the use or management under this section by the lead transport agency of any Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose inconsistent with that use, in the manner and to the extent agreed upon by -- 16 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 15 Authorised by the Chief Parliamentary Counsel the lead transport agency and the Minister administering the Crown Land (Reserves) Act 1978. (4) An agreement under subsection (3) may provide for— (a) the payment by the lead transport agency of a sum of money as agreed upon by the lead transport agency and the Minister administering the Crown Land (Reserves) Act 1978; or (b) the undertaking of works or the making of provision by the lead transport agency in place of any improvements on the land as agreed upon by the lead transport agency and the Minister administering the Crown Land (Reserves) Act 1978; or (c) both the payment of a sum of money in accordance with paragraph (a) and the undertaking of works or the making of provision in accordance with paragraph (b). (5) If an agreement under subsection (3) provides for the payment of a sum of money, that money must, unless the Minister administering the Crown Land (Reserves) Act 1978 otherwise directs, be paid to that Minister. (6) The Minister administering the Crown Land (Reserves) Act 1978 may direct that money to be paid under an agreement under subsection (3) must be— (a) paid to— (i) the trustees in whom or the Council in which the land is vested; or -- 17 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 16 Authorised by the Chief Parliamentary Counsel (ii) the committee of management appointed in respect of the land; or (iii) the authority under whose control and management the land has been placed pursuant to section 18 of the Crown Land (Reserves) Act 1978; or (iv) any other person or persons as are agreed upon by the lead transport agency and the Minister administering the Crown Land (Reserves) Act 1978; and (b) applied as directed by the Minister. (7) If any dispute arises as to the amount of any sum of money payable under this section, that dispute is to be determined by the Governor in Council. 64J Grant of unalienated Crown land (1) This section applies to any land vested in the lead transport agency on behalf of the Crown under this Act which was immediately prior to its use or management for transport purposes unalienated land of the Crown whether set apart as a government road or not. (2) Subject to subsection (3), the Governor in Council, on the recommendation of the Minister administering section 22A of the Land Act 1958, may grant that land to the lead transport agency on behalf of the Crown subject to any conditions, exceptions and reservations as the Governor in Council considers appropriate. (3) This section is subject to section 8 of the Crown Land (Reserves) Act 1978 and section 349 of the Land Act 1958. -- 18 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 17 Authorised by the Chief Parliamentary Counsel 64K Acquisition of land or interest in land to achieve environmental sustainability (1) The power conferred by this section is in addition to, and does not limit, any other power conferred on the lead transport agency. (2) The lead transport agency may on behalf of the Crown acquire by negotiation any land or interest in any land which the lead transport agency considers is reasonably necessary to avoid, minimise and offset harm to the local and global environment arising out of the performance of its functions or the exercise of its powers. 64L Powers to enter land for investigative purposes (1) The lead transport agency may enter any land and do all things necessary and convenient for investigative purposes to determine whether the land should be compulsorily acquired. (2) The lead transport agency may exercise the powers conferred by this section on the lead transport agency by any person who is authorised in writing by the lead transport agency to do so. (3) The lead transport agency must not exercise a power under this section unless— (a) the lead transport agency has given 7 days' notice in writing to the occupier of the land that is to be entered; or (b) the occupier of the land consents to entry to the land; or (c) immediate entry is necessary because of an emergency. -- 19 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 18 Authorised by the Chief Parliamentary Counsel (4) A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless the occupier consents to a different time. (5) In exercising powers under this section, the lead transport agency must— (a) cause as little harm and inconvenience as possible; (b) stay on the land only for as long as is reasonably necessary to exercise the power; (c) remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there; (d) leave the land as nearly as possible in the condition in which the lead transport agency found it; (e) ensure that as little damage as possible is done to the land; (f) co-operate as much as possible with the owner and any occupier of the land. (6) If the lead transport agency has caused any damage to land while exercising a power under this section, the lead transport agency must pay compensation to the owner and any other person with an interest in the land. -- 20 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 19 Authorised by the Chief Parliamentary Counsel (7) Compensation under subsection (6)— (a) may, if so agreed by the person entitled to the compensation, be paid as a lump sum or by way of an annual rent; or (b) if no agreement can be reached, must be determined in the manner provided in the Land Acquisition and Compensation Act 1986. 64M Power to enter building The lead transport agency may after giving 7 days' notice in writing to the occupier of a building— (a) enter the building at any reasonable hour in the day-time; (b) inspect, make measurements and drawings and take photographs of the building; (c) take any other measures the lead transport agency considers are necessary to ascertain the construction and condition of the building. 64N Powers to enter land to construct or maintain works (1) The lead transport agency may enter any land and do all things necessary and convenient for constructing, maintaining, altering and using any works in the performance of its functions. (2) The lead transport agency may exercise the powers conferred by this section on the lead transport agency by any person who is authorised in writing by the lead transport agency to do so. -- 21 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 20 Authorised by the Chief Parliamentary Counsel (3) The lead transport agency must not exercise a power under this section unless— (a) the lead transport agency has given 7 days' notice in writing to the occupier of the land that is to be entered; or (b) the occupier of the land consents to entry to the land; or (c) immediate entry is necessary because of an emergency. (4) A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless the occupier consents to a different time. (5) In exercising powers under this section, the lead transport agency must— (a) cause as little harm and inconvenience as possible; (b) stay on the land only for as long as is reasonably necessary to exercise the power; (c) remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there; (d) leave the land as nearly as possible in the condition in which the lead transport agency found it; (e) ensure that as little damage as possible is done to the land; -- 22 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 21 Authorised by the Chief Parliamentary Counsel (f) co-operate as much as possible with the owner and any occupier of the land. (6) If the lead transport agency has caused any damage to land while exercising a power under this section, the lead transport agency must pay compensation to the owner and any other person with an interest in the land. (7) Compensation under subsection (6)— (a) may, if so agreed by the person entitled to the compensation, be paid as a lump sum or by way of an annual rent; or (b) if no agreement can be reached, must be determined in the manner provided in the Land Acquisition and Compensation Act 1986. 64O Financial accommodation (1) The lead transport agency may on behalf of the Crown, with the approval of the Secretary, obtain financial accommodation by way of overdraft of account at any authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth or other financial institution in Australia. (2) The Secretary must not give approval under subsection (1) unless the Secretary has obtained the agreement of the Minister and the Treasurer to the proposed financial accommodation. (3) The due repayment or satisfaction of any advances or financial accommodation obtained under this section and the due repayment of any interest or other charges payable in relation thereto is hereby guaranteed by the Government of Victoria. -- 23 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 22 Authorised by the Chief Parliamentary Counsel (4) Any money required by the Minister administering Part 7 of the Financial Management Act 1994 for fulfilling any guarantee given by this section must be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. (5) Any money received or recovered by the Minister administering Part 7 of the Financial Management Act 1994 from the lead transport agency or otherwise in respect of any money paid by that Minister under subsection (4) must be paid into the Consolidated Fund. 64P Power of Treasurer to execute guarantee (1) The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance of any obligations of the lead transport agency under a contract to be entered into by the lead transport agency on behalf of the Crown with that person under this Act. (2) The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance of any obligations of any person to whom the rights and liabilities of the lead transport agency on behalf of the Crown arising under a contract entered into by the lead transport agency on behalf of the Crown with the first-mentioned person under this Act have been assigned. (3) If the rights and liabilities of the lead transport agency on behalf of the Crown arising under a contract entered into by the lead transport agency on behalf of the Crown with a person under this Act have been assigned with the approval of the Treasurer -- 24 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 23 Authorised by the Chief Parliamentary Counsel to another person, the Treasurer may amend any guarantee given by the Treasurer under this section in respect of that contract so that it extends to guaranteeing the due performance of any obligations of that other person under that contract. (4) Any money required by the Treasurer for fulfilling any guarantee given by the Treasurer under this section must be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. (5) Any money received or recovered by the Treasurer from the lead transport agency on behalf of the Crown or otherwise in respect of any money paid by the Treasurer under subsection (4) must be paid into the Consolidated Fund. (6) If the rights and liabilities arising under a contract entered into by the lead transport agency on behalf of the Crown with a person have been assigned with the approval of the Treasurer to another person, the Treasurer may approve of the assignment to that other person of any guarantee given by the Treasurer under this section in respect of that contract. 64Q Extra-territoriality (1) The lead transport agency may on behalf of the Crown also perform its functions and exercise its powers outside Victoria. (2) Subject to any directions given, and conditions imposed, by the Minister or the Secretary, the lead transport agency may on behalf of the Crown also perform its -- 25 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 24 Authorised by the Chief Parliamentary Counsel functions and exercise its powers outside Australia. 64R Delegation by the lead transport agency (1) The lead transport agency by instrument may delegate to any person any power, duty or function of the lead transport agency under any Act or regulations including, subject to subsection (3), this power of delegation. (2) A delegation under this section may be made— (a) in relation to a person or class of persons specified in the instrument of delegation; or (b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. (3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function. (4) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subsection (3) as if it were a delegation. 64S Contingency planning for exercise of certain powers The lead transport agency must develop and maintain a contingency plan for the possible performance by the lead transport agency of the functions under section 64C(1)(a) and (1)(e). -- 26 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 25 Authorised by the Chief Parliamentary Counsel 64T Directions from Minister and Secretary (1) The lead transport agency— (a) is subject to the general direction and control of the Minister and must comply with any specific direction given by the Minister; and (b) is subject to the general direction and control of the Secretary and must comply with any specific direction given by the Secretary. (2) A specific direction given by the Secretary under subsection (1) must not be inconsistent with any specific direction given by the Minister. 64U Directions by the lead transport agency (1) The lead transport agency may give a written direction to a sector transport agency in respect of the performance by the sector transport agency 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 or any Transport Restructuring Order that apply to the sector transport agency in the performance of its functions or the exercise 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 -- 27 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 26 Authorised by the Chief Parliamentary Counsel (b) provide a statement of its response to that direction to the lead transport agency within the period specified by the lead transport agency in the direction. (4) The Subordinate Legislation Act 1994 does not apply to a written direction given under this section. (5) The operation of this section is not limited by sections 79O, 98 and 163. 64V Conflicting directions or functions and powers (1) If there is any inconsistency between a written direction given to any person by the lead transport agency and a written direction given by the Secretary, the direction given by the Secretary 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 person is not invalid only because of any inconsistency between— (a) directions given to the person; or (b) functions performed or powers exercised by the person. (3) The lead transport agency must not delegate a function or power to a person who is performing functions or exercising powers as an employee of the Department or as a delegate of the Secretary that is inconsistent with the person's functions or powers as an employee of the Department or a delegate of the Secretary. -- 28 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 27 Authorised by the Chief Parliamentary Counsel (4) Despite subsection (3), an act or decision or the performance of a function or exercise of any power by a person as a delegate of the lead transport agency is not invalid only because of any inconsistency between— (a) that function or power; and (b) the person's functions or powers as an employee of the Department or a delegate of the Secretary. Division 2—Transport Restructuring Orders 65 Purpose of Division The purpose of this Division is to enable the making of Transport Restructuring Orders as a flexible mechanism for responding to changing priorities and circumstances and facilitating the delivery of better integrated and connected transport services that have an improved transport user focus and provide value for money to the community. 65A Transport Restructuring Orders—general provisions (1) A Transport Restructuring Order is an Order in Council made by the Governor in Council on the recommendation of the Minister which provides for any or all of the following— (a) any of the matters or things that can be included in a Transport Restructuring Order; (b) any matter necessary or convenient to give effect to this Division or to any other Order in Council made under this Division and to enable the effective -- 29 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 28 Authorised by the Chief Parliamentary Counsel implementation of any proposed restructuring; (c) if a Transfer Order is required in relation to any proposed restructuring, specifying the property, rights and liabilities to be transferred and whether the transfer of any employees will be necessary; (d) transitional provisions in relation to any act, matter or thing done or required to be done by or in relation to the lead transport agency or any sector transport agency affected by the Order in Council or to enable the effective implementation of any proposed restructuring. (2) Without limiting the generality of subsection (1), an Order in Council made under this Division may do any of the following— (a) change the name of a sector transport agency; (b) give a name to a new sector transport agency; (c) alter the constitution and membership of a sector transport agency; (d) provide for the constitution and membership of a new sector transport agency. (3) An Order in Council made under this Division— (a) must specify a day or days upon which the Order in Council comes into operation; -- 30 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 29 Authorised by the Chief Parliamentary Counsel (b) upon being published in the Government Gazette has the like force and effect as if it were expressly enacted in this Act; (c) may be amended or revoked by another Order in Council; (d) has full force and effect despite any non-compliance with any of the matters required by this Division as preliminary to the making of the Order in Council. (4) An Order in Council made under this Division may— (a) apply generally or be limited in its application by reference to specified matters or things; (b) apply differently according to different factors or subject to specified exceptions; (c) leave any matter or things to be from time to time determined, applied, dispensed with or regulated by a person or body specified in the Order in Council; (d) confer powers or impose duties in connection with the Order in Council on a person or body specified in the Order in Council; (e) apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act; (f) contain provisions of a savings and transitional nature consequent on the making of the Order in Council, including providing for the construction -- 31 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 30 Authorised by the Chief Parliamentary Counsel of references in this Act or any regulation or instrument or in any other document of any kind; (g) provide that while the Order in Council is in force or during a period specified in the Order in Council, the provisions of this Act specified in the Order in Council apply as varied or modified by the Order in Council or that references in this Act or any regulation or instrument or in any other document of any kind are to be construed as provided in the Order in Council. 65B Limitations on power of Minister to recommend the making of a Transport Restructuring Order (1) The Minister must not recommend that a Transport Restructuring Order be made unless the Minister is satisfied that— (a) the proposed Transport Restructuring Order is consistent with the vision statement and the transport system objectives; and (b) the restructuring to be effected by the proposed Transport Restructuring Order is necessary to facilitate— (i) the better integration or any improvement of the transport system; or (ii) the delivery of a specific strategy, policy, program, transport service or transport project. -- 32 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 31 Authorised by the Chief Parliamentary Counsel (2) Before the Minister makes a recommendation that a Transport Restructuring Order be made, the Minister must consult with— (a) any Minister responsible for a sector transport agency affected by the proposed restructuring; and (b) the Treasurer if— (i) the proposed restructuring includes the constitution of a new sector transport agency; or (ii) a provision of this Act which would be affected by the proposed restructuring requires the approval of, or consultation with, the Treasurer. 65C Transport Restructuring Order may confer additional duty, function or power on the lead transport agency (1) A Transport Restructuring Order may confer a duty, function or power which is conferred on a sector transport agency under this Act on the lead transport agency. (2) The conferral of a duty, function or power under subsection (1) may be conferred subject to any of the following— (a) the duty, function or power is to be performed or exercised concurrently with the sector transport agency or only by the lead transport agency; (b) the duty, function or power is to be performed or exercised by the lead transport agency for a period specified in the Transport Restructuring Order or on an ongoing basis. -- 33 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 32 Authorised by the Chief Parliamentary Counsel (3) A duty, function or power conferred under this section is to be performed or exercised by the lead transport agency on behalf of the Crown. (4) Any duty, function or power conferred under this section is in addition to, and does not limit, any other duty, function or power conferred on the lead transport agency by this Act. 65D Transport Restructuring Order may confer additional duty, function or power on a sector transport agency (1) A Transport Restructuring Order may confer a duty, function or power which is conferred on the lead transport agency or a sector transport agency under this Act on a sector transport agency. (2) The conferral of a duty, function or power under subsection (1) may be conferred subject to any of the following— (a) the duty, function or power is to be performed or exercised concurrently or only by the sector transport agency on which the duty, function or power is conferred; (b) the duty, function or power is to be performed or exercised by the sector transport agency on which the duty, function or power is conferred for a period specified in the Transport Restructuring Order or on an ongoing basis. (3) Any duty, function or power conferred under this section is in addition to, and does not limit, any other duty, function or power -- 34 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 33 Authorised by the Chief Parliamentary Counsel conferred on a sector transport agency by this Act. 65E Transport Restructuring Order may constitute a new sector transport agency (1) A Transport Restructuring Order may constitute a new sector transport agency. (2) A Transport Restructuring Order under subsection (1) may confer— (a) a duty, function or power which is conferred on the lead transport agency or a sector transport agency under this Act; or (b) all of the duties, functions or powers which are conferred on a sector transport agency under this Act— on the new sector transport agency. (3) A new sector transport agency constituted under subsection (1)— (a) is a body corporate with perpetual succession; (b) has an official seal; (c) may sue and be sued; (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (4) If only some of the duties, functions or powers of a sector transport agency are conferred under subsection (2), the duties, functions or powers may be conferred subject to any of the following— -- 35 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 34 Authorised by the Chief Parliamentary Counsel (a) the duties, functions or powers are to be performed or exercised concurrently or only by the new sector transport agency; (b) the duties, functions or powers are to be performed or exercised by the new sector transport agency for a period specified in the Transport Restructuring Order or on an ongoing basis. 65F Effect of conferral of duties, functions or powers (1) If a Transport Restructuring Order confers a duty, function or power on the lead transport agency, a sector transport agency or a new sector transport agency and provides that the duty, function or power is only to be performed by the lead transport agency, sector transport agency or new sector transport agency on an ongoing basis, the sector transport agency on which that duty, function or power was conferred by this Act does not have that duty, function or power and any power or duty that the sector transport agency has in connection with, or as incidental to, the performance of that duty, function or power is withdrawn accordingly. (2) If a Transport Restructuring Order confers a duty, function or power on the lead transport agency, a sector transport agency or a new sector transport agency and provides that the duty, function or power is only to be performed by the lead transport agency, sector transport agency or new sector transport agency during a specified period, the sector transport agency on which that duty, function or power was conferred by this Act does not have that duty, function or -- 36 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 35 Authorised by the Chief Parliamentary Counsel power during that specified period and any power or duty that the sector transport agency has in connection with, or as incidental to, the performance of that duty, function or power is withdrawn accordingly during that specified period. (3) If a Transport Restructuring Order confers a duty, function or power that is subject to any condition, restriction or requirement under this Act, the duty, function or power is conferred subject to that condition, restriction or requirement and must only be performed or exercised subject to that condition, restriction or requirement. (4) If as a result of a Transport Restructuring Order— (a) a duty, function or power of a person or a person on behalf of the Crown is conferred on another person or another person on behalf of the Crown; and (b) that duty, function or power relates to an act, matter or thing of a continuing nature— that act, matter or thing continues to have effect as if that duty, function or power had always been performed or exercised by the person or person on behalf of the Crown on whom the duty, function or power is conferred. (5) If as a result of a Transport Restructuring Order a duty, function or power may be performed or exercised concurrently by— -- 37 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 36 Authorised by the Chief Parliamentary Counsel (a) the lead transport agency and a sector transport agency; or (b) two sector transport agencies— the Minister or the Secretary may direct that in a particular case the power is to be exercised only by the lead transport agency or the sector transport agency as specified in the direction. (6) A direction given under subsection (5) does not affect the application of any other direction given under this Act. (7) This section is to be construed subject to any specific provision made in respect of the application of this section in the Transport Restructuring Order or in regulations made under section 65G. 65G Transitional regulations (1) The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the making of a Transport Restructuring Order. (2) A provision mentioned in subsection (1) may be retrospective in operation to the commencement of the Transport Restructuring Order. (3) Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any Transport Restructuring Order or subordinate instrument. -- 38 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 37 Authorised by the Chief Parliamentary Counsel Division 3—Transfer Orders 66 Application of Division This Division applies to the making of a Transfer Order— (a) required to be made by a Transport Restructuring Order; or (b) necessary to enable the transfer of a transport project; or (c) otherwise necessary to enable the transfer of any property, rights and liabilities. 66A Definitions In this Division— instrument includes a document and an oral agreement; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; 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; transfer date means the date specified under section 66B(2) for the purposes of the transfer; transferee transport body means the transport body to which a property, liability, right or transport project is to be transferred; -- 39 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 38 Authorised by the Chief Parliamentary Counsel transferor transport body means the transport body from which a property, liability, right or transport project is to be transferred; transferor transport body instrument means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the transfer date— (a) to which the transferor transport body was a party; or (b) that was given to, or in favour of, the transferor transport body; or (c) that refers to the transferor transport body; or (d) under which— (i) money is, or may become, payable to the transferor transport body; or (ii) other property is to be, or may become liable to be, transferred to or by the transferor transport body; transport project means any project for the transport system including any Road Transport-Related Project or Transport Infrastructure Project. 66B Transfer Orders (1) The Governor in Council may, on the recommendation of the Minister and the Treasurer, by Order in Council do any of the following— -- 40 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 39 Authorised by the Chief Parliamentary Counsel (a) transfer any or all of the property, rights and liabilities as specified in the Order in Council of a transferor transport body specified in the Order in Council to a transferee transport body specified in the Order in Council; (b) transfer any property, rights and liabilities specified in the Order in Council of a transferor transport body specified in the Order in Council in relation to a transport project specified in the Order in Council to a transferee transport body specified in the Order in Council; (c) transfer any property, rights and liabilities specified in the Order in Council of a transferor transport body specified in the Order in Council in relation to a Transport Restructuring Order specified in the Order in Council to a transferee transport body specified in the Order in Council; (d) transfer all of the property, rights and liabilities specified in the Order in Council of a transferor transport body specified in the Order in Council in relation to a Transport Restructuring Order specified in the Order in Council to a transferee transport body specified in the Order in Council. (2) The Transfer Order must— (a) be published in the Government Gazette; (b) specify the transfer date on which the transfer is to take effect. -- 41 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 40 Authorised by the Chief Parliamentary Counsel 66C Property, rights and liabilities transferred in accordance with Transfer Order On the transfer date— (a) all property and rights of the transferor transport body, wherever located, that are transferred under the Transfer Order, vest in the transferee transport body in accordance with the Transfer Order; (b) all liabilities of the transferor transport body, wherever located, that are transferred under the Transfer Order, become liabilities of the transferee transport body in accordance with the Transfer Order. 66D Transfer subject to encumbrances Unless the Transfer Order otherwise provides, if under the Transfer Order property and rights vest in the transferee transport body or liabilities become liabilities of the transferee transport body— (a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (b) the rights to which the transferor transport body was entitled in respect of those liabilities immediately before they ceased to be liabilities of the transferor transport body vest in the transferee transport body. -- 42 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 41 Authorised by the Chief Parliamentary Counsel 66E Substitution of party to agreement If, under a Transfer Order the rights and liabilities of the transferor transport body under an agreement are transferred to the transferee transport body— (a) the transferee transport body becomes, on the transfer date, a party to the agreement in place of the transferor transport body; and (b) on and after the transfer date, the agreement has effect as if the transferee transport body had always been a party to the agreement. 66F Transferor transport body instruments Unless the Transfer Order otherwise provides, each transferor transport body instrument relating to property, rights or liabilities transferred to the transferee transport body continues to have effect according to its tenor on and after the transfer date as if a reference in the instrument to the transferor transport body were a reference to the transferee transport body. 66G Proceedings Unless the Transfer Order otherwise provides, if, immediately before the transfer date, proceedings relating to property, rights or liabilities transferred to the transferee transport body (including arbitration proceedings) to which the transferor transport body was a party were pending or existing in any court or tribunal, then, on and after the transfer date, the transferee transport body is substituted for the transferor transport body as a party to -- 43 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 42 Authorised by the Chief Parliamentary Counsel the proceedings and has the same rights in the proceedings as the transferor transport body had. 66H 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 transfer date, the transferor transport body is, in relation to property, rights or liabilities transferred to the transferee transport body, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the transfer date— (a) the transferee transport body is deemed to be the registered proprietor of that interest in land; and (b) the transferee transport body has the same rights and remedies in respect of that interest as the transferor transport body had. 66I Easements If the transferee transport body acquires any right in the nature of an easement (whether as a result of a transfer under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the transferee transport body which is benefited or capable of being benefited by that right. 66J 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 -- 44 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 43 Authorised by the Chief Parliamentary Counsel Register that are necessary because of the operation of this Division. Note See also sections 35 and 64F. 66K Taxes No stamp duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, 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 under an Order in Council. 66L Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of the transferor transport body in relation to property, rights or liabilities transferred to the transferee transport body is admissible for or against the interests of the transferee transport body. (2) The Evidence Act 2008 applies with respect to the books of account of the transferor transport body and to entries made in those books of account before the transfer date, whether or not they relate to transferor transport body property, as if those books of account and entries were business records of the transferee transport body. 66M Certificate of chief executive officer (1) A certificate signed by the chief executive officer of a transferor transport body certifying that property, rights or liabilities -- 45 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 44 Authorised by the Chief Parliamentary Counsel of the transferor transport body specified in the certificate have been transferred is, unless revoked under subsection (2), 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 applies; and (b) that the Transfer Order is a Transfer Order for the purposes of this Division. (2) If the Minister so directs the chief executive officer of the transferor transport body in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate in place of the first certificate. (3) The chief executive officer of the transferor transport body— (a) must keep a register of certificates issued under this section; and (b) must make the register reasonably available for inspection by the transferee transport body or other interested person. (4) If the transferor transport body is the lead transport agency 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 Head, Transport for Victoria. -- 46 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 45 Authorised by the Chief Parliamentary Counsel 66N Transfer of employees (1) This section applies to an employee who is not employed under Part 3 of the Public Administration Act 2004. (2) If as a result of a Transport Restructuring Order or a Transfer Order it is necessary to transfer any employees from the transferor transport body to the transferee transport body, the Secretary must list in writing the persons who were employed by the transferor transport body before the transfer date and who the Secretary determines should be transferred to the transferee transport body. (3) An employee transferred under this section is to be regarded as— (a) being employed by the transferee transport body with effect from the transfer date; (b) having been so employed on terms and conditions of employment determined by the Secretary that are no less favourable overall than those that applied to the person immediately before the transfer date; (c) having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued immediately before the transfer date. (4) The service of an employee transferred under this section is to be regarded for all purposes as having been continuous with the service of the employee immediately before the transfer date. -- 47 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 46 Authorised by the Chief Parliamentary Counsel (5) An employee transferred under this section is not entitled to receive any payment or other benefit by reason only of having ceased to be employed by the transferor transport body because of the operation of this Division. (6) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the transfer date, employed by virtue of this section by the transferee transport body, is admissible in evidence in any proceedings as evidence of the matters stated in it. (7) The superannuation entitlements of any person who is transferred under this section are to be taken not to be affected by that person being transferred. (8) Nothing in this section prevents— (a) any of the terms and conditions of employment of a person transferred under this section from being altered by or under any law, award or agreement with effect from any time after the transfer date; or (b) a person transferred under this section from resigning or being dismissed at any time after the transfer date in accordance with the then existing terms and conditions of their employment with the transferee transport body. 66O Validity of things done under this Division (1) Nothing effected by, or done or suffered under, this Division— (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 -- 48 of 111 -- Part 2—Governance Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 47 Authorised by the Chief Parliamentary Counsel (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 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. (2) In this section Act does not include the Charter of Human Rights and Responsibilities Act 2006.'. -- 49 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 48 Authorised by the Chief Parliamentary Counsel Part 3—Related and consequential amendments 4 Amendment of section 3—Definitions In section 3 of the Transport Integration Act 2010— (a) insert the following definitions— "Head, Transport for Victoria means the office established under section 64A; lead transport agency means the Head, Transport for Victoria; sector transport agency means— (a) the Public Transport Development Authority; or (b) the Roads Corporation; or (c) the Taxi Services Commission; or (d) the V/Line Corporation; or (e) the Linking Melbourne Authority; or (f) the Victorian Ports Corporation (Melbourne); or (g) the Victorian Regional Channels Authority; or (h) the Port of Hastings Development Authority; or (i) any new sector transport agency constituted under a Transport Restructuring Order; Transfer Order means an Order in Council made under Division 3 of Part 4A; -- 50 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 49 Authorised by the Chief Parliamentary Counsel Transport Restructuring Order means an Order in Council made under Division 2 of Part 4A;"; (b) in the definition of transport body, after paragraph (e) insert— "(ea) the Head, Transport for Victoria; (eb) any new sector transport agency constituted under a Transport Restructuring Order;"; (c) in the definition of transport-related land, infrastructure and assets, after "Secretary," (where twice occurring) insert "the lead transport agency,". 5 New section 25A inserted After section 25 of the Transport Integration Act 2010 insert— "25A Objects and functions of the Department and powers of the Secretary (1) Divisions 2 and 3 of Part 3 do not limit or derogate from any object or function of the Department, or any function or power of the Secretary, under an Act that is not transport legislation. (2) In addition, an object or function of the Department, or a function or power of the Secretary, under an Act that is not transport legislation is not limited by an object or function under Division 2 of Part 3 or a power under Division 3 of Part 3.". -- 51 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 50 Authorised by the Chief Parliamentary Counsel 6 Section 32 substituted—Objects of the Department For section 32 of the Transport Integration Act 2010 substitute— "32 Objects of the Department The objects of the Department include— (a) to give effect to the vision statement, the transport system objectives and the decision making principles; and (b) to review the strategic plans, corporate plans, business plans and budgets of VicTrack and transport safety agencies to ensure that they are consistent with the vision statement, the transport system objectives and the decision making principles.". 7 Section 33 substituted—Functions of the Department For section 33 of the Transport Integration Act 2010 substitute— "33 Functions of the Department (1) The principal function of the Department in relation to the transport system, including the delivery of integrated and connected transport services, is to— (a) assist the Minister in the administration of this Act and other transport legislation, including acting on behalf of the Minister in carrying out efficiently and effectively any contract entered into by the Minister on behalf of the Crown; and -- 52 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 51 Authorised by the Chief Parliamentary Counsel (b) do anything that is necessary or convenient to be done for or in connection with, or incidental to, the achievement of its objects. (2) Without limiting the generality of subsection (1), the functions of the Department include— (a) to support the Secretary in performing any functions or exercising any powers under this Act and other transport legislation in relation to the transport system and any related matters; and (b) if the Secretary requests support from the Department in relation to any enforcement functions conferred on the Secretary, to provide that support; and (c) any other functions conferred on the Department by or under this Act or other transport legislation or regulations under this Act or other transport legislation in relation to the transport system.". 8 New section 33A inserted—Functions of the Secretary Before section 34 of the Transport Integration Act 2010 insert— "33A Functions of the Secretary The functions of the Secretary under this Act are to— (a) provide advice to the Minister in relation to the administration of this Act and other transport legislation; -- 53 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 52 Authorised by the Chief Parliamentary Counsel (b) oversee the lead transport agency; (c) direct, support, approve and guide the lead transport agency in the performance of the functions and the exercise of the powers of the lead transport agency; (d) provide regulatory policy and legislation advice in relation to the transport system and related matters; (e) provide the staff, resources and other support which is necessary to enable the lead transport agency and other transport bodies to perform their functions and exercise their powers conferred by or under this Act and other transport legislation or regulations under this Act or other transport legislation.". 9 Amendment of section 34—Powers of the Secretary (1) In section 34(1) of the Transport Integration Act 2010, after "functions" insert "and the functions of the Secretary under this Act". (2) In section 34(4) of the Transport Integration Act 2010, for "by any other Act or regulations under any other Act" substitute "by or under this Act or any other Act or regulations under this Act or any other Act". 10 Repeal of section 37A—Contingency planning for exercise of certain powers Section 37A of the Transport Integration Act 2010 is repealed. 11 Repeal of Division 5 of Part 3 Division 5 of Part 3 of the Transport Integration Act 2010 is repealed. -- 54 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 53 Authorised by the Chief Parliamentary Counsel 12 Amendment of section 63—Transport plan (1) For section 63(1) of the Transport Integration Act 2010 substitute— "(1) The lead transport agency, in consultation with the Department, must prepare and periodically revise the transport plan for the Secretary. (1A) The Secretary must provide a copy of the transport plan to the Minister.". (2) For section 63(3) of the Transport Integration Act 2010 substitute— "(3) The Secretary may direct the lead transport agency to prepare a revision of the transport plan.". 13 Section 64 substituted—Corporate plans For section 64 of the Transport Integration Act 2010 substitute— "64 Corporate plans (1) The Department must— (a) prepare a corporate plan for the outlook period; (b) submit the corporate plan to the Secretary. (2) The Department must ensure that the corporate plan— (a) gives effect to the objects of the Department under this Act; (b) supports the vision statement and seeks to implement the transport system objectives; -- 55 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 54 Authorised by the Chief Parliamentary Counsel (c) specifies strategic priorities and performance measures for the transport system; (d) specifies the lead transport agency's strategic priorities and performance measures. (3) A sector transport agency must— (a) prepare a corporate plan for the outlook period; (b) submit the corporate plan to the lead transport agency for approval. (4) A sector transport agency must ensure that the corporate plan— (a) gives effect to the object of the sector transport agency; (b) supports the vision statement and seeks to implement the transport system objectives; (c) is consistent with the strategic priorities and performance measures specified in the lead transport agency's corporate plan. (5) A sector transport agency must when preparing its corporate plan consult with any other transport body which may be affected by the corporate plan so as to ensure that any possible effects are dealt with in an agreed manner. (6) The lead transport agency must provide assistance to sector transport agencies and facilitate consultation between transport bodies to enable sector transport agencies to comply with this section. -- 56 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 55 Authorised by the Chief Parliamentary Counsel (7) VicTrack must— (a) prepare a corporate plan for the outlook period; (b) submit the corporate plan to the Department. (8) VicTrack must ensure that the corporate plan— (a) gives effect to the object of VicTrack; (b) supports the vision statement and seeks to implement the transport system objectives; (c) is consistent with the strategic priorities and performance measures specified in the Department's corporate plan. (9) VicTrack must when preparing its corporate plan— (a) consult with the Department; (b) consult with any other transport body which may be affected by the corporate plan so as to ensure that any possible effects are dealt with in an agreed manner. (10) A transport safety agency must— (a) prepare a corporate plan for the outlook period; (b) submit the corporate plan to the Department. (11) A transport safety agency must ensure that the corporate plan— (a) gives effect to the object of the transport safety agency; -- 57 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 56 Authorised by the Chief Parliamentary Counsel (b) supports the vision statement and seeks to implement the transport system objectives; (c) is consistent with the strategic priorities and performance measures specified in the Department's corporate plan. (12) A transport safety agency must when preparing its corporate plan— (a) consult with the Department; (b) consult with any other transport body which may be affected by the corporate plan so as to ensure that any possible effects are dealt with in an agreed manner. (13) The Department must provide assistance to VicTrack and transport safety agencies and facilitate consultation between transport bodies to enable VicTrack and transport safety agencies to comply with this section. (14) The Secretary must provide a copy of all corporate plans submitted under this section to the Minister. (15) In this section— corporate plan means an annual plan that includes— (a) challenges, priorities and strategies; (b) performance measures; (c) major initiatives and projects; outlook period means the 4 year outlook period determined under the Financial Management Act 1994.". -- 58 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 57 Authorised by the Chief Parliamentary Counsel 14 Amendment of section 79AD—Object of the Public Transport Development Authority In section 79AD(2)(e) of the Transport Integration Act 2010, after "including" insert "the lead transport agency,". 15 Amendment of section 79AE—Functions of the Public Transport Development Authority (1) For section 79AE(1) of the Transport Integration Act 2010 substitute— "(1) The functions of the Public Transport Development Authority 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 matters including services, fares and timetables; (ii) managing the public transport brand, including through consistent signage on public transport infrastructure; (iii) managing relationships with, and between, stakeholders in the public transport system; (iv) acting as an advocate and spokesperson for the public transport system in accordance with the Government's public transport policies and priorities and under the lead transport agency's planning framework; -- 59 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 58 Authorised by the Chief Parliamentary Counsel (b) assist persons and bodies to construct, maintain or vary public transport infrastructure, including rail infrastructure, roads, road-related infrastructure, roadsides and other transport assets; (c) construct or vary public transport infrastructure, including rail infrastructure, roads, road-related infrastructure, roadsides and other transport assets, as directed by the Minister; (d) manage operational public transport infrastructure, including rail infrastructure and other transport assets, including by— (i) undertaking or causing to be undertaken audits of that infrastructure and assets and reporting on the condition of, and works programs for, that infrastructure and those assets; (ii) setting standards for the maintenance and condition of that infrastructure and those assets; (e) support the lead transport agency in planning for the development of public transport networks as part of an integrated transport system, including by undertaking feasibility studies, under the lead transport agency's planning framework; (f) provide advice to the Secretary, the Department and the lead transport agency to assist in the development of strategic policy and legislation relating -- 60 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 59 Authorised by the Chief Parliamentary Counsel to the transport system and related matters; (g) manage the coordination of trams, trains and buses, including by providing operational advice and assurance to the lead transport agency regarding the implementation of timetabling and connectivity of passenger services; (h) support the development of, and implement, operational policies and strategies to improve the safety of passenger services and the security of the public transport system; (i) support the development of, and implement, operational and service policies, plans, guidelines, standards, limits and practices for the public transport system and related matters under the lead transport agency's planning framework; (j) provide and operate, or facilitate the provision and operation of, public transport, including by— (i) entering and managing contracts for passenger services and other ancillary or incidental transport services, including ticketing systems; (ii) operating passenger services and other ancillary or incidental transport services; (iii) putting into service and maintaining rolling stock, buses or other vehicles for passenger services or other ancillary or incidental transport services; -- 61 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 60 Authorised by the Chief Parliamentary Counsel (iv) supporting the lead transport agency in procuring passenger services, rolling stock and transport assets, including other ancillary or incidental transport services and assets, as directed by the lead transport agency; (v) with the approval of the lead transport agency, procuring passenger services, rolling stock and transport assets; (k) provide and operate, or facilitate the provision and operation of, ticketing systems used for the public transport system and manage ongoing improvements in the ticketing systems for the public transport system; (l) facilitate the establishment, management and operation of an integrated transport service centre as directed by the lead transport agency; (m) monitor and report to the Minister and the lead transport agency on whether the provision of passenger services meets contractual obligations and Government and community expectations, including through conducting surveys in relation to customer satisfaction with the provision of passenger services and with the public transport system generally; (n) support the lead transport agency to protect future options for the improvement of the transport system including holding, retaining and reserving land for future rail corridors; -- 62 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 61 Authorised by the Chief Parliamentary Counsel (o) support the development of, and with the approval of the lead transport agency, develop and implement, effective environmental policies, strategies and management systems under the lead transport agency's planning framework to support a sustainable transport system, including minimising any adverse environmental impacts from the public transport system; (p) provide support to tourist and heritage railway operators within the meaning of the Tourist and Heritage Railways Act 2010; (q) manage and administer matters relating to freight as directed by the Minister, including matters relating to any transfer of property, rights or liabilities under Part 10; (r) perform any other functions or duties conferred on the Public Transport Development Authority under a Transport Restructuring Order or by or under this Act or any other Act or regulations under this Act or any other Act.". (2) After section 79AE(4) of the Transport Integration Act 2010 insert— "(5) The Public Transport Development Authority may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.". -- 63 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 62 Authorised by the Chief Parliamentary Counsel 16 Amendment of section 79AF—Powers of the Public Transport Development Authority (1) In section 79AF(2)(g) of the Transport Integration Act 2010, for "by any other Act or any regulations under any other Act" substitute "under a Transport Restructuring Order or by or under this Act or any other Act or regulations under this Act or any other Act". (2) After section 79AF(3) of the Transport Integration Act 2010 insert— "(3A) Despite subsection (3)(a), the Public Transport Development Authority cannot in relation to the provision of regional transport services participate in the formation of a corporation without the consent of the Premier, the Treasurer and the Minister.". 17 Sections 79B to 79BI substituted For sections 79B to 79BI of the Transport Integration Act 2010 substitute— "79B Constitution (1) The Public Transport Development Authority consists of one member appointed in accordance with section 79BA as Chief Executive of the Public Transport Development Authority. (2) The Chief Executive of the Public Transport Development Authority is responsible for the management of the functions of the Public Transport Development Authority consistent with the primary object of the Public Transport Development Authority. -- 64 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 63 Authorised by the Chief Parliamentary Counsel 79BA Chief Executive of the Public Transport Development Authority (1) The Governor in Council may on the recommendation of the Minister appoint a person to the office of Chief Executive of the Public Transport Development Authority and may at any time remove or suspend a person from that office. (2) The lead transport agency may nominate a person to the Secretary for recommendation by the Minister to be appointed to the office of the Chief Executive of the Public Transport Development Authority. (3) The Chief Executive of the Public Transport Development Authority may resign from the office in writing signed by the Chief Executive and delivered to the Governor in Council. (4) If the Chief Executive of the Public Transport Development Authority is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the office of Chief Executive, the Minister may appoint another person to act in the place of the Chief Executive during the period of the inability. (5) A person appointed under this section to act in the place of the Chief Executive of the Public Transport Development Authority while so acting— (a) has all the rights and powers, and must perform all the duties, of the Chief Executive of the Public Transport Development Authority; and -- 65 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 64 Authorised by the Chief Parliamentary Counsel (b) is to be paid any remuneration and travelling or other allowances fixed by the Minister from time to time, having regard to the rate of remuneration and allowances for the time being payable to the Chief Executive of the Public Transport Development Authority. (6) The Chief Executive of the Public Transport Development Authority— (a) holds office— (i) for the period (not more than 5 years) that is specified in their instrument of appointment and is eligible to be reappointed; (ii) on the terms and conditions specified in their instrument of appointment; (b) is entitled to be paid any remuneration and travelling and other allowances fixed from time to time by the Governor in Council; (c) is to be appointed on a full-time basis. (7) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Chief Executive of the Public Transport Development Authority in respect of the office of the Chief Executive of the Public Transport Development Authority. 79BB Public Transport Development Authority is the same body The Public Transport Development Authority continues to be the same body despite the change to its membership as a result of the commencement of section 17 of the Transport Integration Amendment -- 66 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 65 Authorised by the Chief Parliamentary Counsel (Head, Transport for Victoria and Other Governance Reforms) Act 2017.". 18 Amendment of section 79C—Compulsory acquisition of land In section 79C(1) of the Transport Integration Act 2010, after "Subject to" insert "consultation with the lead transport agency and". 19 Consequential amendments (1) Sections 79BM and 79BN of the Transport Integration Act 2010 are repealed. (2) In the Transport Integration Act 2010— (a) in section 79N omit "the board of directors of"; (b) in section 79P(2) omit "board of directors of the"; (c) in section 79P(4) omit "board of directors of the"; (d) in section 79P(4) for "the board of directors" substitute "the Public Transport Development Authority"; (e) in section 79P(5) omit "board of directors of the" (where first occurring); (f) in section 79P(5)(a) and (b) for "board of directors" substitute "Public Transport Development Authority"; (g) in section 79P(6), (7) and (8) omit "the board of directors of"; (h) in section 79P(8) for "board of directors" (where secondly and thirdly occurring) substitute "Public Transport Development Authority"; (i) in section 79P(9) and (10) omit "the board of directors of"; -- 67 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 66 Authorised by the Chief Parliamentary Counsel (j) in section 79P(11) omit "board of directors of the"; (k) in section 79Q(g) omit "the board of directors of"; (l) in the heading to section 79T for "Board of directors" substitute "Public Transport Development Authority"; (m) in section 79T(1) and (2) omit "the board of directors of". (3) In the Transport Integration Act 2010— (a) in section 79E(1) after "purposes" insert "after consultation with the lead transport agency and"; (b) in sections 79P, 79Q, 79R(2), 79T(2), 79U(1), 79U(3), 79U(4),79U(5), 79U(6), 79U(7), 79U(8), 79U(10) and 79W(2) for "Minister" (wherever occurring) substitute "lead transport agency"; (c) in section 79U(6) for "Minister's" substitute "lead transport agency's"; (d) in section 79VE(2) after "Authority," insert "after consultation with the lead transport agency and"; (e) section 79W(4) and (5) are repealed; (f) in section 79X(2) and (4) for "Department" substitute "lead transport agency". 20 Amendment of section 80—Roads Corporation In section 80(2) of the Transport Integration Act 2010, for "by the Governor in Council" substitute "in accordance with section 84". -- 68 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 67 Authorised by the Chief Parliamentary Counsel 21 Amendment of section 84—Chief Executive of the Roads Corporation For section 84(1) and (2) of the Transport Integration Act 2010 substitute— "(1) The Governor in Council may on the recommendation of the Minister appoint a person to the office of Chief Executive of the Roads Corporation and may at any time remove or suspend a person from that office. (2) The lead transport agency may nominate a person to the Secretary for recommendation by the Minister to be appointed to the office of the Chief Executive of the Roads Corporation.". 22 Amendment of section 86—Object of the Roads Corporation In section 86(2)(e) of the Transport Integration Act 2010, after "Commission," insert "the lead transport agency,". 23 Amendment of section 87—Functions of the Roads Corporation (1) For section 87(1) of the Transport Integration Act 2010 substitute— "(1) The functions of the Roads Corporation are to— (a) construct, maintain or vary roads, rail infrastructure and other transport assets; (b) provide and maintain roadsides; (c) support the lead transport agency to plan for the road system as part of an integrated transport system, including by the development of feasibility studies under the lead transport agency's planning framework; -- 69 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 68 Authorised by the Chief Parliamentary Counsel (d) support the development of strategies in respect of policies and plans to improve the safety of the road system for all users; (e) develop and implement operational policies to improve the safety of the road system for all road users, including through— (i) works to improve the safety of road and road-related infrastructure; (ii) information and advice on the safety of motor vehicles and motor vehicle standards; (iii) education and training to improve the safety of road user behaviour; (iv) enforcement activities; (f) develop and implement operational policies and plans, including through legislation, regulations, standards, guidelines and practices, for the road system and related matters under the lead transport agency's planning framework; (g) 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; -- 70 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 69 Authorised by the Chief Parliamentary Counsel (ii) implementing road space allocation measures to give priority to particular modes of transport at certain times on specified roads or parts of roads; (iii) managing road works and incidents and events on roads in a manner which minimises disruption to the road system; (iv) implementing an appropriate enforcement strategy; (h) provide registration, licensing and accreditation services for the transport system and related matters; (i) provide technical, project management, consultancy and information services related to the transport system, including on a commercial basis consistent with government policy; (j) provide advice to the Secretary, the Department and the lead transport agency to assist in the development of strategic policy and legislation relating to the transport system and related matters; (k) support the lead transport agency to protect future options for the improvement of the transport system including reserving land for future transport corridors; (l) support the development of, and with the approval of the lead transport agency, develop and implement, effective environmental policies, strategies and management systems under the lead transport agency's -- 71 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 70 Authorised by the Chief Parliamentary Counsel planning framework to support a sustainable transport system, including minimising any adverse environmental impacts from the road system; (m) provide and disseminate information to Victorians about the road system and related matters, including on a commercial basis consistent with government policy; (n) facilitate the establishment, management and operation of an integrated transport service centre as directed by the lead transport agency; (o) perform any other functions or duties conferred on the Roads Corporation under a Transport Restructuring Order or by or under this Act or any other Act or regulations under this Act or any other Act.". (2) For section 87(3) of the Transport Integration Act 2010 substitute— "(3) After consultation with the lead transport agency and with the approval of the Minister, the Roads Corporation may perform the functions specified in subsections (1)(h) and (1)(i) for any purpose unrelated to the transport system including law enforcement. (4) The Roads Corporation may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.". 24 Amendment of section 88—Powers of the Roads Corporation In section 88(3) of the Transport Integration Act 2010, for "by any other Act or regulations under any other Act" substitute "under a -- 72 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 71 Authorised by the Chief Parliamentary Counsel Transport Restructuring Order or by or under this Act or any other Act or regulations under this Act or any other Act". 25 Miscellaneous amendments In the Transport Integration Act 2010— (a) in section 91 after "may," insert "after consultation with the lead transport agency and"; (b) in section 92(1) after "purposes" insert "after consultation with the lead transport agency and"; (c) in section 94(1) after "Roads Corporation may" insert ", after consultation with the lead transport agency and"; (d) in section 94(1)(b) after "Secretary," insert "the lead transport agency,"; (e) in section 107(3) after "Roads Corporation," insert "after consultation with the lead transport agency and"; (f) in sections 110, 111, 112(2) and 114(2) for "Minister" (wherever occurring) substitute "lead transport agency". 26 Amendment of section 115F—Functions of Taxi Services Commission In section 115F(1) of the Transport Integration Act 2010— (a) after paragraph (a) insert— "(aa) to support the development of strategic policies by the lead transport agency;"; (b) in paragraph (db) after "to" insert "monitor,"; (c) in paragraph (dc) before "Minister" insert "lead transport agency or the"; -- 73 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 72 Authorised by the Chief Parliamentary Counsel (d) in paragraphs (df) and (dh) before "Minister" insert "lead transport agency and the"; (e) in paragraph (e) for "Secretary" (where twice occurring) substitute "lead transport agency"; (f) in paragraph (f) for "by or under this Act or any other Act" substitute "under a Transport Restructuring Order or by or under this Act or any other Act or regulations under this Act or any other Act". 27 Amendment of section 115G—Powers of the Taxi Services Commission In section 115G(3) of the Transport Integration Act 2010, for "by any other Act or regulations made under any other Act" substitute "under a Transport Restructuring Order or by or under this Act or any other Act or regulations under this Act or any other Act". 28 Amendment of section 115P (1) In the heading to section 115P of the Transport Integration Act 2010, for "Director of Public Transport" substitute "the lead transport agency". (2) In section 115P of the Transport Integration Act 2010, for "Director of Public Transport" substitute "lead transport agency". 29 Amendment of section 115QA—Chief executive officer In section 115QA(1) of the Transport Integration Act 2010, after "Commission," insert "after consultation with the lead transport agency and". -- 74 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 73 Authorised by the Chief Parliamentary Counsel 30 New sections 115SC to 115SF inserted After section 115SB of the Transport Integration Act 2010 insert— "115SC Corporate plan (1) The requirements in this section are in addition to the requirements under section 64. (2) The Taxi Services Commission must give a copy of the proposed corporate plan to the lead transport agency on or before 31 May in each year. (3) The proposed corporate plan must— (a) be in a form approved by the lead transport agency; (b) include a statement of corporate intent in accordance with section 115SD; (c) include a business plan and financial statements containing any information that the lead transport agency requires. (4) The Taxi Services Commission must consider any comments on the proposed corporate plan that are made by the lead transport agency within 6 weeks after the proposed corporate plan was submitted to the lead transport agency. (5) The Taxi Services Commission must— (a) consult in good faith with the lead transport agency following communication to the Taxi Services Commission of the comments; (b) make such changes to the plan as are agreed between the lead transport agency and the Taxi Services Commission; -- 75 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 74 Authorised by the Chief Parliamentary Counsel (c) deliver the completed corporate plan to the lead transport agency within 2 months after the commencement of the financial year. (6) The corporate plan, or any part of the corporate plan, must not be published or made available except for the purposes of this Part without the prior approval of the Taxi Services Commission and the lead transport agency. (7) The corporate plan may be modified at any time by the Taxi Services Commission with the agreement of the lead transport agency. (8) If the Taxi Services Commission, by written notice to the lead transport agency, proposes a modification to the corporate plan, the Taxi Services Commission may make the modification unless the lead transport agency, by written notice within 14 days, directs the Taxi Services Commission not to make the modification. (9) The lead transport agency may, by written notice, direct the Taxi Services Commission to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters. (10) Before giving a direction under this section, the lead transport agency must consult with the Taxi Services Commission as to the matters referred to in the notice. (11) The Taxi Services Commission must comply with a direction under this section. (12) At any particular time, the statement of corporate intent, the business plan or the financial statements for the Taxi Services -- 76 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 75 Authorised by the Chief Parliamentary Counsel Commission are the statements and plan last completed, with any modifications or deletions made in accordance with this Division. 115SD Statement of corporate intent The statement of corporate intent of the Taxi Services Commission must specify for the Taxi Services Commission and its subsidiaries (if any), in respect of the financial year to which it relates and each of the 2 following financial years, the following information— (a) the business objectives of the Taxi Services Commission and of its subsidiaries; (b) the main undertakings of the Taxi Services Commission and of its subsidiaries; (c) the nature and scope of the activities to be undertaken by the Taxi Services Commission and its subsidiaries; (d) the accounting policies to be applied in the accounts; (e) the performance targets and other measures by which the performance of the Taxi Services Commission and of its subsidiaries may be judged in relation to their stated business objectives; (f) the kind of information to be provided to the lead transport agency by the Taxi Services Commission during the course of those financial years; -- 77 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 76 Authorised by the Chief Parliamentary Counsel (g) any other matters as may be agreed on by the lead transport agency and the Taxi Services Commission. 115SE Corporate plan to be followed (1) Unless subsection (2) applies, the Taxi Services Commission must act only in accordance with its corporate plan. (2) The Taxi Services Commission must obtain the written approval of the lead transport agency before it can act in any manner that is contrary to its corporate plan. 115SF Nothing void merely because of non-compliance Nothing done by the Taxi Services Commission is void or unenforceable merely because the Taxi Services Commission has failed to comply with section 115SC, 115SD or 115SE.". 31 Amendment of section 120—Functions of Victorian Rail Track In section 120(1)(l) of the Transport Integration Act 2010, for "by any other Act or any regulations under any other Act" substitute "by or under this Act or any other Act or regulations under this Act or any other Act". 32 Amendment of section 132—Functions of V/Line Corporation In section 132(1) of the Transport Integration Act 2010— (a) in paragraph (f) for "Department" substitute "lead transport agency"; (b) in paragraph (h) for "Department's" substitute "lead transport agency's"; -- 78 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 77 Authorised by the Chief Parliamentary Counsel (c) in paragraph (k) for "by any other Act or any regulations under any other Act" substitute "under a Transport Restructuring Order or by or under this Act or any other Act or regulations under this Act or any other Act". 33 Amendment of section 138—Functions of the Linking Melbourne Authority In section 138(1) of the Transport Integration Act 2010— (a) in paragraph (h) after "recommendations to" insert "the lead transport agency and"; (b) in paragraph (k) for "by any other Act or any regulations under any other Act" substitute "under a Transport Restructuring Order or by or under this Act or any other Act or regulations under this Act or any other Act". 34 Amendment of section 138A—Compulsory acquisition of land In section 138A(1) of the Transport Integration Act 2010, after "Subject to" insert "consultation with the lead transport agency and". 35 Amendment of section 141—General fund In section 141(2) of the Transport Integration Act 2010, after "Authority," insert "after consultation with the lead transport agency and". 36 Amendment of section 141E—Functions of Victorian Ports Corporation (Melbourne) In section 141E(1) of the Transport Integration Act 2010— (a) in paragraph (a) before "to plan" insert "to support the lead transport agency"; (b) in paragraph (l) for "by any other Act or any regulations under any other Act" substitute "under a Transport Restructuring Order or -- 79 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 78 Authorised by the Chief Parliamentary Counsel by or under this Act or any other Act or regulations under this Act or any other Act". 37 Amendment of section 141G (1) In the heading to section 141G of the Transport Integration Act 2010, for "approved" substitute "subject to consultation with the lead transport agency and approval". (2) In section 141G(1) of the Transport Integration Act 2010, after "must" insert "consult with the lead transport agency and". 38 Amendment of section 141M—Functions of Victorian Regional Channels Authority In section 141M(1) of the Transport Integration Act 2010— (a) in paragraph (c) before "with" (where first occurring) insert "after consultation with the lead transport agency and"; (b) in paragraph (e) for "by any other Act or any regulations under any other Act" substitute "under a Transport Restructuring Order or by or under this Act or any other Act or regulations under this Act or any other Act". 39 Amendment of section 141T—Functions of Port of Hastings Development Authority In section 141T(1)(i) of the Transport Integration Act 2010, for "by any other Act or any regulations under any other Act" substitute "under a Transport Restructuring Order or by or under this Act or any other Act or regulations under this Act or any other Act". -- 80 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 79 Authorised by the Chief Parliamentary Counsel 40 Amendment of section 141U (1) In the heading to section 141U of the Transport Integration Act 2010, for "approved" substitute "subject to consultation with the lead transport agency and approval". (2) In section 141U(1) of the Transport Integration Act 2010, after "must" insert "consult with the lead transport agency and". 41 Amendment of section 152—Powers of a Transport Corporation (1) In section 152(4) of the Transport Integration Act 2010, for "by any other Act or the regulations under any other Act" substitute "under a Transport Restructuring Order or by or under this Act or any other Act or regulations under this Act or any other Act". (2) After section 152(4) of the Transport Integration Act 2010 insert— "(4A) Despite subsection (2)(c), a Transport Corporation cannot in relation to the provision of regional transport services participate in the formation of a corporation without the consent of the Premier, the Treasurer and the Minister.". 42 Amendment of section 165—Corporate plan After section 165(13) of the Transport Integration Act 2010 insert— "(14) This section applies to a Transport Corporation that is a sector transport agency with the further modification that any reference to the Minister is taken to be a reference to the lead transport agency.". -- 81 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 80 Authorised by the Chief Parliamentary Counsel 43 Amendment of section 166—Statement of corporate intent After section 166(2) of the Transport Integration Act 2010 insert— "(3) This section applies to a Transport Corporation that is a sector transport agency with the further modification that any reference to the Minister is taken to be a reference to the lead transport agency.". 44 Amendment of section 167—Corporate plan to be followed After section 167(3) of the Transport Integration Act 2010 insert— "(4) This section applies to a Transport Corporation that is a sector transport agency with the further modification that any reference to the Minister is taken to be a reference to the lead transport agency.". 45 Amendment of section 169—Board of directors to give notice of significant events After section 169(3) of the Transport Integration Act 2010 insert— "(4) This section applies to a Transport Corporation that is a sector transport agency with the further modification that any reference to the Minister is taken to be a reference to the lead transport agency.". 46 Functions of Director, Transport Safety (1) In section 173(1)(a) of the Transport Integration Act 2010— (a) for "Safety by" substitute "Safety by or under"; and -- 82 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 81 Authorised by the Chief Parliamentary Counsel (b) in subparagraph (i), for "Transport (Compliance and Miscellaneous) Act 1983" substitute "Transport (Safety Schemes Compliance and Enforcement) Act 2014"; and (c) in subparagraph (ii), for "or any other Act" substitute ", this Act or any other Act". (2) In section 173(1)(b)(i) of the Transport Integration Act 2010, for "Divisions 4B, 6 and 7 of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 and regulations made under that Act for the purposes of those Divisions" substitute "the Transport (Safety Schemes Compliance and Enforcement) Act 2014 and regulations made under that Act". (3) In section 173(1)(b)(iii) of the Transport Integration Act 2010, for "the Transport (Compliance and Miscellaneous) Act 1983 for the purposes of Divisions 4B, 6 and 7 of Part VII of the Transport (Compliance and Miscellaneous) Act 1983" substitute "the Transport (Safety Schemes Compliance and Enforcement) Act 2014". 47 Delegation by the Director, Transport Safety In section 178(1) of the Transport Integration Act 2010, for "Transport (Compliance and Miscellaneous) Act 1983" substitute "Transport (Safety Schemes Compliance and Enforcement) Act 2014". -- 83 of 111 -- Part 3—Related and consequential amendments Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 82 Authorised by the Chief Parliamentary Counsel 48 Functions of the Chief Investigator, Transport Safety In section 181(3)(a) of the Transport Integration Act 2010— (a) for "Safety by" substitute "Safety by or under"; (b) in subparagraphs (i) and (ii), for "or any other Act" substitute ", this Act or any other Act". 49 Powers of transport safety appointee In section 193(3) of the Transport Integration Act 2010, for "by any other Act or the regulations under any other Act" substitute "by or under this Act or any other Act or regulations under this Act or any other Act". 50 Consequential amendments to specified Acts An Act specified in the heading to an item in Schedule 1 is amended, on the commencement of that item or a provision of that item, as set out in that item or provision. -- 84 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 83 Authorised by the Chief Parliamentary Counsel Part 4—Transfer to V/Line Corporation 51 New Part 11 inserted After Part 10 of the Transport Integration Act 2010 insert— "Part 11—Transfer to V/Line Corporation Division 1—Preliminary 273 Purpose of Part The purpose of this Part is to facilitate the transfer of the passenger and freight business of V/Line Pty Ltd and its assets, rights, liabilities, obligations and employees and employees' entitlements to V/Line Corporation. 274 Definitions (1) In this Part— agreement means an agreement between V/Line Pty Ltd and V/Line Corporation which includes a provision that is expressed to be a transfer provision for the purposes of this Part; allocation statement means an allocation statement given under section 275 and includes a statement that has been amended under the relevant section; former V/Line Pty Ltd instrument means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the relevant date— (a) to which V/Line Pty Ltd was a party; or -- 85 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 84 Authorised by the Chief Parliamentary Counsel (b) that was given to, or in favour of, V/Line Pty Ltd; or (c) that refers to V/Line Pty Ltd; or (d) under which— (i) money is, or may become, payable to V/Line Pty Ltd; or (ii) other property is to be, or may become liable to be, transferred to or by V/Line Pty Ltd; former V/Line Pty Ltd property means property, rights or liabilities of V/Line Pty Ltd that, under this Part, have vested in, or become liabilities of, V/Line Corporation; instrument includes a document and an oral agreement; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; 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; relevant date, in relation to an allocation statement or property, rights or liabilities allocated under such a statement, means— (a) the date fixed by the Minister under subsection (2) for the purposes of that statement; or -- 86 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 85 Authorised by the Chief Parliamentary Counsel (b) if V/Line Pty Ltd has resolved to voluntarily wind up when an agreement is signed, the date stated to be the relevant date in that agreement; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; V/Line Pty Ltd means V/Line Pty Ltd (ACN 087 425 269). (2) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement given under an agreement entered into before V/Line Pty Ltd has resolved to voluntarily wind up. Division 2—Transfer of property, rights and liabilities and staff 275 Transfer of V/Line Pty Ltd property, rights and liabilities (1) This section applies if, with the consent of the Minister, V/Line Pty Ltd enters into an agreement with V/Line Corporation for the purposes of this Part. (2) If more than one agreement is entered under subsection (1), this section applies in respect of each of those agreements. (3) V/Line Pty Ltd may enter into an agreement under subsection (1) before or after it has resolved to voluntarily wind up. (4) If this section applies, the Chair of the Board of V/Line Corporation may in accordance with the agreement give the Minister a statement relating to the transfer -- 87 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 86 Authorised by the Chief Parliamentary Counsel of property, rights and liabilities specified in the agreement to V/Line Corporation. (5) A statement under this section— (a) must allocate the property, rights and liabilities of V/Line Pty Ltd shown in the statement in accordance with the agreement; and (b) must be signed by the Chair of the Board of V/Line Corporation. (6) If a statement under this section is given under an agreement entered into before V/Line Pty Ltd has resolved to voluntarily wind up, the Minister— (a) may approve the statement; and (b) if the Minister approves the statement, must sign the statement. (7) If a statement under this section is given under an agreement entered into after V/Line Pty Ltd has resolved to voluntarily wind up, the Minister must— (a) approve the statement; and (b) sign the statement. (8) A statement signed by the Minister is an allocation statement for the purposes of this Part. (9) Subject to subsection (10), an allocation statement under this section may be amended by writing signed by the Minister. (10) An amendment under subsection (9) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if— -- 88 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 87 Authorised by the Chief Parliamentary Counsel (a) the Minister is satisfied that the amendment is in accordance with the agreement between V/Line Pty Ltd and V/Line Corporation and does not adversely affect any property, rights or liabilities of a person other than V/Line Pty Ltd or V/Line Corporation; and (b) the Minister has obtained the consent of the liquidator of V/Line Pty Ltd to the proposed amendment if the statement was given under an agreement entered into after V/Line Pty Ltd has resolved to voluntarily wind up. 276 Property, rights and liabilities allocated in accordance with statement On the relevant date— (a) all property and rights of V/Line Pty Ltd, wherever located, that are allocated under an allocation statement, vest in V/Line Corporation in accordance with the statement; (b) all liabilities of V/Line Pty Ltd, wherever located, that are allocated under an allocation statement, become liabilities of V/Line Corporation in accordance with the statement. 277 Allocation of property and rights subject to encumbrances Unless an allocation statement otherwise provides, where, under this Part, property and rights vest in, or liabilities become liabilities of, V/Line Corporation in accordance with an allocation statement— -- 89 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 88 Authorised by the Chief Parliamentary Counsel (a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (b) the rights to which V/Line Pty Ltd was entitled in respect of those liabilities immediately before they ceased to be liabilities of the V/Line Pty Ltd vest in V/Line Corporation. 278 Certificate of Secretary (1) A certificate signed by the Secretary certifying that property, rights or liabilities of V/Line Pty Ltd specified in the certificate have been allocated is, unless revoked under subsection (2), 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 allocation statement applies; and (b) that the allocation statement is an allocation statement for the purposes of this Part. (2) If the Minister so directs the Secretary in writing, the Secretary must revoke a certificate issued under subsection (1) by issuing another certificate in place of the first certificate. (3) The Secretary must give a copy of any certificate issued under this section to the chief executive officer of V/Line Corporation. -- 90 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 89 Authorised by the Chief Parliamentary Counsel 279 Register of certificates The chief executive officer of V/Line Corporation must— (a) keep a register of certificates given by the Secretary to the chief executive officer of V/Line Corporation under section 278; and (b) make the register reasonably available for inspection by V/Line Corporation or other interested person. 280 Value of allocated property, rights or liabilities If an allocation statement gives the value of property, rights or liabilities of V/Line Pty Ltd that are allocated to V/Line Corporation, the value to V/Line Corporation of the property, rights or liabilities is the value so given. 281 Substitution of party to agreement Where, under an allocation statement, the rights and liabilities of V/Line Pty Ltd under an agreement are allocated to V/Line Corporation— (a) V/Line Corporation becomes, on the relevant date, a party to the agreement in place of V/Line Pty Ltd; and (b) on and after the relevant date, the agreement has effect as if V/Line Corporation had always been a party to the agreement. 282 Former V/Line Pty Ltd instruments Unless an allocation statement otherwise provides, each former V/Line Pty Ltd instrument relating to former V/Line Pty Ltd -- 91 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 90 Authorised by the Chief Parliamentary Counsel property continues to have effect according to its tenor on and after the relevant date in relation to that property as if a reference in the instrument to V/Line Pty Ltd were a reference to V/Line Corporation. 283 Proceedings (1) Subject to subsection (2), unless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former V/Line Pty Ltd property (including arbitration proceedings) to which V/Line Pty Ltd was a party were pending or existing in any court or tribunal, then, on and after that date, V/Line Corporation is substituted for V/Line Pty Ltd as a party to the proceedings and has the same rights in the proceedings as V/Line Pty Ltd had. (2) Subsection (1) does not apply to any proceedings pending or existing in any court or tribunal immediately before the relevant date if the allocation statement was given under an agreement entered into after V/Line Pty Ltd has resolved to voluntarily wind up unless the agreement specifically provides that subsection (1) is to apply to those proceedings. 284 Interests in land Without limiting this Part and despite anything to the contrary in any other Act or law if, immediately before the relevant date, V/Line Pty Ltd is, in relation to former V/Line Pty Ltd property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date— -- 92 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 91 Authorised by the Chief Parliamentary Counsel (a) V/Line Corporation is to be taken to be the registered proprietor of that interest in land; and (b) V/Line Corporation has the same rights and remedies in respect of that interest as V/Line Pty Ltd had. 285 Easements If V/Line Corporation acquires any right in the nature of an easement (whether as a result of an allocation under this Part or otherwise), that right must be taken to be an easement even though there is no land vested in V/Line Corporation which is benefited or capable of being benefited by that right. 286 Amendment of Register (1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer of V/Line Corporation, must make any amendments in the Register that are necessary because of the operation of this Part. (2) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment of the Register in relation to property that is an easement registered under the Transfer of Land Act 1958. 287 Taxes No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an -- 93 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 92 Authorised by the Chief Parliamentary Counsel instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of V/Line Pty Ltd. 288 Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of V/Line Pty Ltd in relation to former V/Line Pty Ltd property if this Part had not been enacted is admissible for or against the interests of V/Line Corporation. (2) The Evidence Act 2008 applies with respect to the books of account of the V/Line Pty Ltd and to entries made in those books of account before the relevant date, whether or not they relate to former V/Line Pty Ltd property, as if those books of account and entries were business records of V/Line Corporation. 289 Transfer of employees of V/Line Pty Ltd to V/Line Corporation (1) This section applies to an employee of V/Line Pty Ltd who is not employed under Part 3 of the Public Administration Act 2004. (2) If as a result of an allocation statement it is necessary to transfer any employees from V/Line Pty Ltd to V/Line Corporation, the persons who were employed by V/Line Pty Ltd before the relevant date and are listed in the allocation statement are transferred to V/Line Corporation under this section. (3) An employee who is transferred under this section is to be regarded as— (a) being employed by V/Line Corporation with effect from the relevant date; -- 94 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 93 Authorised by the Chief Parliamentary Counsel (b) having been so employed on the same terms and conditions as those that applied to the person immediately before the relevant date; (c) having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued immediately before the relevant date. (4) The service of an employee transferred under this section is to be regarded for all purposes as having been continuous with the service of the employee immediately before the relevant date. (5) An employee transferred under this section is not entitled to receive any payment or other benefit by reason only of having ceased to be employed by V/Line Pty Ltd because of the operation of this Part. (6) A certificate purporting to be signed by the chief executive officer of V/Line Corporation certifying that a person named in the certificate was, with effect from the relevant date, employed by virtue of this section by V/Line Corporation, is admissible in evidence in any proceedings as evidence of the matters stated in it. (7) The superannuation entitlements of any person who is transferred under this section are to be taken not to be affected by that person being transferred. (8) Nothing in this section prevents— (a) any of the terms and conditions of employment of a person transferred under this section from being altered by or under any law, award or agreement -- 95 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 94 Authorised by the Chief Parliamentary Counsel with effect from any time after the relevant date; or (b) a person transferred under this section from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of their employment with V/Line Corporation. 290 Validity of things done under this Part (1) Nothing effected or to be effected by this Part 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 or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition that allows a person to exercise a power, 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 -- 96 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 95 Authorised by the Chief Parliamentary Counsel beneficial or legal ownership of any asset, 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 obligor wholly or in part from any obligation. (2) In this section Act does not include the Charter of Human Rights and Responsibilities Act 2006. Division 3—General 291 Emergency Management Act 2013 (1) On the relevant date— (a) the declaration made under the Terrorism (Community Protection) Act 2003 of V/Line Pty Ltd as an operator of an essential service of transport for the purposes of that Act and continued under Part 7A of the Emergency Management Act 2013 is to be taken to be a declaration of V/Line Corporation as an operator of an essential service of transport for the purposes of Part 7A of the Emergency Management Act 2013; (b) the risk management plan prepared by V/Line Pty Ltd in accordance with Part 6 of the Terrorism (Community Protection) Act 2003 and continued in force by section 74X of the Emergency Management Act 2013 is to be taken to be the risk management plan -- 97 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 96 Authorised by the Chief Parliamentary Counsel prepared by V/Line Corporation for the purposes of the application of Part 7A of the Emergency Management Act 2013 to that risk management plan. (2) As from the relevant date, any act, matter or thing required to be done by V/Line Pty Ltd under Part 7A of the Emergency Management Act 2013, is to done by V/Line Corporation. 292 Rail Safety National Law Application Act 2013 If— (a) V/Line Corporation is accredited under the Rail Safety National Law (Victoria) as a rail transport operator; and (b) the responsibility for railway operations or associated infrastructure is transferred to, or becomes the responsibility of, V/Line Corporation whether as the result of an allocation statement or otherwise— V/Line Corporation is, as from the date specified in a certificate issued by the Secretary under this section, to be taken to be a rail transport operator in substitution for V/Line Pty Ltd under any interface agreement to which V/Line Pty Ltd was a party immediately before that date. 293 Rail Management Act 1996 (1) As from the relevant date— (a) for the purposes of any access arrangement in respect of which V/Line Pty Ltd is an access provider, V/Line Corporation is to be taken to be the -- 98 of 111 -- Part 4—Transfer to V/Line Corporation Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 97 Authorised by the Chief Parliamentary Counsel access provider in substitution for V/Line Pty Ltd; (b) the Regional Infrastructure Lease within the meaning of section 38J(5) of the Rail Management Act 1996 has effect as if V/Line Corporation were substituted for V/Line Pty Ltd as a party to that agreement. (2) For the purposes of this section, access arrangement and access provider have the same respective meanings as they have under section 38A of the Rail Management Act 1996.". -- 99 of 111 -- Part 5—Repeal Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 98 Authorised by the Chief Parliamentary Counsel Part 5—Repeal 52 Repeal of amending Act This Act is repealed on 31 December 2018. 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). -- 100 of 111 -- Schedule 1—Consequential amendments to other Acts Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 99 Authorised by the Chief Parliamentary Counsel Schedule 1—Consequential amendments to other Acts 1 Bus Services Act 1995 In section 26(4) for "Public Transport Development Authority" (where secondly occurring) substitute "Head, Transport for Victoria". 2 Duties Act 2000 2.1 After section 47A(1)(a) insert— "(aa) the Head, Transport for Victoria on behalf of the Crown; or". 2.2 In section 47A(2), before the definition of Public Transport Development Authority insert— "Head, Transport for Victoria has the same meaning as it has in section 3 of the Transport Integration Act 2010;". 3 Melbourne City Link Act 1995 In section 89(2) after "Corporation" insert ", the Head, Transport for Victoria". 4 Planning and Environment Act 1987 4.1 In section 3(1), after the definition of Growth Areas Authority insert— "Head, Transport for Victoria has the same meaning as it has in section 3 of the Transport Integration Act 2010;". 4.2 After section 201TC(1)(a) insert— "(aa) if land vested in or held by the Head, Transport for Victoria on behalf of the Crown— -- 101 of 111 -- Schedule 1—Consequential amendments to other Acts Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 100 Authorised by the Chief Parliamentary Counsel (i) is transferred by the Head, Transport for Victoria on behalf of the Crown to a public authority or to a municipal council; or (ii) is exchanged by the Head, Transport for Victoria on behalf of the Crown for land vested in or held by a public authority or a municipal council; (ab) if land vested in or held by the Secretary on behalf of the Crown— (i) is transferred by the Secretary on behalf of the Crown to the Head, Transport for Victoria on behalf of the Crown; or (ii) is exchanged by the Secretary on behalf of the Crown for land vested in or held by the Head, Transport for Victoria on behalf of the Crown;". 5 Port Management Act 1995 In section 49M(4) for "Department's Internet site" substitute "Head, Transport for Victoria's Internet site". 6 Rail Management Act 1996 6.1 In section 3(1), after the definition of freight service insert— "Head, Transport for Victoria has the same meaning as it has in section 3 of the Transport Integration Act 2010;". 6.2 In sections 3(2)(a) and 3(3)(a) after "Authority" insert ", the Head, Transport for Victoria on behalf of the Crown". 6.3 In sections 3(2)(b) and 3(3)(b) after "Secretary" insert ", the Head, Transport for Victoria on behalf of the Crown". -- 102 of 111 -- Schedule 1—Consequential amendments to other Acts Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 101 Authorised by the Chief Parliamentary Counsel 6.4 In the heading to section 38ZZF, after "Secretary" insert ", the Head, Transport for Victoria". 6.5 In sections 38ZZF(1)(a), 38ZZF(1)(b), 60(3)(b), 62(2)(b), 62(2A), 63(2)(b), 63(2A), 66(2)(b), 66(2A), 67(2)(b), 67(2A), 67A(2) and 67A(4), after "Secretary" insert ", the Head, Transport for Victoria". 6.6 In sections 60(7), 62(5)(b), 63(5)(b), 64(3)(b), 65(3)(b), 66(5)(b), 67(4)(b), 68(4)(b), 69(4)(b) and 70(3)(b) after "Secretary" insert "or the Head, Transport for Victoria on behalf of the Crown". 6.7 In sections 61(4)(a), 61(4)(b), 62((5)(a), 63(5)(a), 64(3)(a), 65(3)(a), 66(5)(a), 67(4)(a), 67B(1), 68(3)(ba), 68(4)(a), 69(4)(a) and 70(3)(a) after "Secretary" insert ", the Head, Transport for Victoria on behalf of the Crown". 6.8 In sections 64(1)(a), 65(1) and 67(1) after "Rail Track" insert "or that person and the Head, Public Transport for Victoria on behalf of the Crown". 6.9 In the heading to Division 1A of Part 4 after "Secretary" insert ", the Head, Transport for Victoria". 6.10 In section 67A(1) after "Crown" insert "or the Head, Transport for Victoria on behalf of the Crown". 6.11 In sections 67B(2), 67C, 67D, 67E, 67F(1) and 67G after "Crown" (wherever occurring) insert ", the Head, Transport for Victoria on behalf of the Crown". 6.12 After section 67F(2)(a) insert— "(aa) the Head, Transport for Victoria; or". -- 103 of 111 -- Schedule 1—Consequential amendments to other Acts Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 102 Authorised by the Chief Parliamentary Counsel 6.13 In section 67H— (a) after "Secretary" (where first occurring) insert ", the Head, Transport for Victoria"; (b) after "Rail Track" (where first occurring) insert "or the Head, Transport for Victoria on behalf of the Crown and Rail Track". 6.14 After section 67I(2) insert— "(2A) In exercising a power under section 67A, 67C, 67D, 67E, 67F(1), 67G or 67H, the Head, Transport for Victoria must act reasonably under the direction of the Minister. (2B) A power of the Head, Transport for Victoria under a section referred to in subsection (2A) may be exercised by— (a) the Head, Transport for Victoria personally; or (b) any other person who is authorised in writing by the Head, Transport for Victoria; or (c) any officer or employee of a person referred to in paragraph (b).". 6.15 For section 67I(5) substitute— "(5) Despite anything to the contrary in this Division, where a power is conferred on the Secretary, the Head, Transport for Victoria and the Public Transport Development Authority, the Minister may direct that in a particular case the power is to be exercised only by the Secretary or the Head, Transport for Victoria or the Public Transport Development Authority as specified in the direction.". -- 104 of 111 -- Schedule 1—Consequential amendments to other Acts Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 103 Authorised by the Chief Parliamentary Counsel 6.16 In section 68(1), in the definition of agreement, lease or licence— (a) in paragraph (a) after "Secretary" insert ", the Head, Transport for Victoria on behalf of the Crown"; (b) in paragraph (b) after "Secretary," (where twice occurring) insert "the Head, Transport for Victoria on behalf of the Crown,". 6.17 In sections 69(1), 69(2), 70(1), 71(1), 72 and 75 after "Authority" (wherever occurring) insert "or the Head, Transport for Victoria on behalf of the Crown". 6.18 In section 69(1) after "Division 3" insert "or the Head, Transport for Victoria's powers under that Division". 6.19 In sections 71(3) and 74 after "Authority" (wherever occurring) insert "or the Head, Transport for Victoria". 6.20 In the heading to section 74 after "Authority" insert "or the Head, Transport for Victoria". 6.21 After section 103(b) insert— "(ba) the Head, Transport for Victoria; or". 7 Rail Safety (Local Operations) Act 2006 7.1 After section 35B insert— "35C Head, Transport for Victoria is exempt The Head, Transport for Victoria is exempt from the requirement to be accredited under this Part.". 7.2 In section 44(3)(b) after "Secretary" insert "and the Head, Transport for Victoria". -- 105 of 111 -- Schedule 1—Consequential amendments to other Acts Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 104 Authorised by the Chief Parliamentary Counsel 8 Road Management Act 2004 8.1 For section 42A(2) substitute— "(2) Subject to subsection (3), a road or part of a road may be specified to be a specified road— (a) in the case of a specified tram road, jointly by the Minister and the Minister for Public Transport after consultation with the Head, Transport for Victoria; (b) in the case of a specified bus road, jointly by the Minister and the Minister for Public Transport after consultation with the Head, Transport for Victoria; (c) in the case of a specified bicycle road, by the Minister after consultation with the Head, Transport for Victoria; (d) in the case of a specified pedestrian road, by the Minister after consultation with the Head, Transport for Victoria; (e) in the case of a specified freight road, by the Minister after consultation with the Head, Transport for Victoria; (f) in the case of a specified road in respect of any other mode of transport, by the Minister after consultation with the Head, Transport for Victoria.". 8.2 After section 42A(7) insert— "(8) In this section, Head, Transport for Victoria has the same meaning as it has in section 3 of the Transport Integration Act 2010.". -- 106 of 111 -- Schedule 1—Consequential amendments to other Acts Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 105 Authorised by the Chief Parliamentary Counsel 9 Road Safety Act 1986 9.1 In section 3(1)— (a) in the definition of authorised officer after "Secretary" insert "or the Head, Transport for Victoria"; (b) after the definition of GVM insert— "Head, Transport for Victoria has the same meaning as it has in section 3 of the Transport Integration Act 2010;". 9.2 In sections 13(6)(b) and 16(2)(b) after "Infrastructure" (where secondly occurring) insert "or the Head, Transport for Victoria". 9.3 In section 33(1)— (a) for "Secretary to the Department of Transport, Planning and Local Infrastructure" substitute "Head, Transport for Victoria"; (b) for "the Secretary" substitute "the Head, Transport for Victoria". 9.4 In section 33(2), (4), (5), (6), (7), (10), (11), (13), (14), (15) and (16) for "Secretary" (wherever occurring) substitute "Head, Transport for Victoria". 9.5 In section 33(2)(b) for "Secretary's" substitute "lead transport agency's". 9.6 In section 53(2) after "Infrastructure" (where secondly occurring) insert "or the Head, Transport for Victoria". 9.7 In section 55(1) after "Infrastructure" (where last occurring) insert "or the Head, Transport for Victoria". 9.8 In section 55D(2) and (4) after "Secretary" insert "or the Head, Transport for Victoria". -- 107 of 111 -- Schedule 1—Consequential amendments to other Acts Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 106 Authorised by the Chief Parliamentary Counsel 9.9 In section 55E(1), in the definition of authorised officer, after paragraph (c) insert— "(d) an officer of the Department of Economic Development, Jobs, Transport and Resources authorised in writing under subsection (6) by the Head, Transport for Victoria;". 9.10 In section 55E(6)— (a) in paragraph (c) for "section." substitute "section; or"; (b) after paragraph (c) insert— "(d) an officer of the Department of Economic Development, Jobs, Transport and Resources authorised in writing by the Head, Transport for Victoria for the purposes of this section.". 9.11 In sections 55E(7), 55E(22), 112(1), 112(2), 112(3) and 112(4) after "Secretary" insert "or the Head, Transport for Victoria". 9.12 In section 74(2) after "Infrastructure" (where thirdly occurring) insert "or the Head, Transport for Victoria". 9.13 In section 77(2)(c) after "Infrastructure" (where secondly occurring) insert "or the Head, Transport for Victoria". 9.14 In section 119, in the definition of authorised inspector, in paragraph (a) after "Secretary" insert "or the Head, Transport for Victoria". 9.15 In section 142(1)(c)(ii) after "Secretary" insert "or the Head, Transport for Victoria". 9.16 In section 142(3) after "Secretary," insert "the Head, Transport for Victoria,". -- 108 of 111 -- Schedule 1—Consequential amendments to other Acts Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 107 Authorised by the Chief Parliamentary Counsel 10 Transport (Compliance and Miscellaneous) Act 1983 10.1 In section 2(1)— (a) in the definition of bus company after "on behalf of the Crown" insert "or the Head, Transport for Victoria on behalf of the Crown"; (b) in the definition of entitlement to use a public transport service, in paragraph (a) after "Authority" insert "or the Head, Transport for Victoria on behalf of the Crown"; (c) after the definition of former Corporation insert— "Head, Transport for Victoria has the same meaning as it has in section 3 of the Transport Integration Act 2010;". 10.2 In section 2(2A) after "on behalf of the Crown" insert "or the Head, Transport for Victoria". 10.3 In sections 2(2C)(a) and 2(2D)(a) after "Development Authority" insert "or the Head, Transport for Victoria on behalf of the Crown". 10.4 In sections 2(2C)(b) and 2(2D)(b) after "Crown" insert "or the Head, Transport for Victoria on behalf of the Crown". 10.5 In section 10(1), (4)(d) and (6) for "Public Transport Development Authority" (wherever occurring) substitute "Head, Transport for Victoria". 10.6 After section 85A(d) insert— "(da) the Head, Transport for Victoria; and". 10.7 In section 221(7) after "Secretary," (where twice occurring) insert "the Head, Transport for Victoria,". -- 109 of 111 -- Schedule 1—Consequential amendments to other Acts Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 108 Authorised by the Chief Parliamentary Counsel 10.8 In section 221(9)(a) after "Secretary" insert "or the Head, Transport for Victoria". 10.9 In section 221U— (a) in the definition of authorised person after "Rail Track" insert ", the Head, Transport for Victoria"; (b) in the definitions of rail premises, railway track and tramway track after "Crown" insert "or the Head, Transport for Victoria". 10.10 In section 230(4) after "Secretary," (where twice occurring) insert "the Head, Transport for Victoria,". 11 Very Fast Train (Route Investigation) Act 1989 11.1 In section 3, after the definition of approved person insert— "Head, Transport for Victoria has the same meaning as it has in section 3 of the Transport Integration Act 2010;". 11.2 After section 21(a) insert— "(ab) the Head, Transport for Victoria; or". ═══════════════ -- 110 of 111 -- Endnotes Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017 No. 3 of 2017 109 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: 12 October 2016 Legislative Council: 10 November 2016 The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Integration Act 2010 to reform the governance of sector transport agencies and to establish the Head, Transport for Victoria as the lead transport agency, to provide for the ongoing public ownership of V/Line's operations, to make related and consequential amendments to the Transport Integration Act 2010 and certain other Acts and for other purposes." -- 111 of 111 --