Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016 No. 71 of 2016 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Definitions—Section 2 2 4 Definitions—Section 208 2 5 Transport and ticket infringements 2 6 Repeal of section 212AA 2 7 Repeal of sections 220DB, 220DC, 220DD and 220DE 3 8 Regulations concerning entitlement to use public transport services 3 9 New Division 12 inserted in Part VIII 3 10 Repeal 4 ═══════════════ Endnotes 5 1 General information 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016 † No. 71 of 2016 [Assented to 29 November 2016] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Transport (Compliance and Miscellaneous) Act 1983— (a) to abolish the on-the-spot penalty fares scheme; and (b) to make minor and technical changes. Victoria -- 2 of 6 -- Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016 No. 71 of 2016 2 Authorised by the Chief Parliamentary Counsel 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 October 2017, it comes into operation on that day. 3 Definitions—Section 2 In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983, for the definition of entitlement to use a public transport service substitute— "entitlement to use a public transport service includes an entitlement to use a public transport service arising under a contract or arrangement with, or under a licence or permission given by, the Public Transport Development Authority or a bus company or passenger transport company;". 4 Definitions—Section 208 In section 208 of the Transport (Compliance and Miscellaneous) Act 1983, the definitions of on-the-spot penalty fare, on-the-spot penalty ticket and on-the-spot penalty ticket offence are repealed. 5 Transport and ticket infringements In section 212(1B) of the Transport (Compliance and Miscellaneous) Act 1983, for "Subject to section 212AA, any" substitute "Any". 6 Repeal of section 212AA Section 212AA of the Transport (Compliance and Miscellaneous) Act 1983 is repealed. -- 3 of 6 -- Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016 No. 71 of 2016 3 Authorised by the Chief Parliamentary Counsel 7 Repeal of sections 220DB, 220DC, 220DD and 220DE Sections 220DB, 220DC, 220DD and 220DE of the Transport (Compliance and Miscellaneous) Act 1983 are repealed. 8 Regulations concerning entitlement to use public transport services Section 221AA(1)(a)(iii) to (ix) of the Transport (Compliance and Miscellaneous) Act 1983 are repealed. 9 New Division 12 inserted in Part VIII After Division 11 of Part VIII of the Transport (Compliance and Miscellaneous) Act 1983 insert— "Division 12—Transitional provisions— Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016 356 Continuation of protection for persons who have paid on-the-spot penalty fares Section 212AA(7) as in force immediately before the commencement of section 6 of the Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016 continues to apply to a person who has paid an on-the-spot penalty fare before that commencement. 357 Allocation of on-the-spot penalty fares Section 220DD as in force immediately before the commencement of section 7 of the Transport (Compliance and Miscellaneous) Amendment (Abolition -- 4 of 6 -- Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016 No. 71 of 2016 4 Authorised by the Chief Parliamentary Counsel of the Penalty Fares Scheme) Act 2016 continues to apply to— (a) any amount of an on-the-spot penalty fare received by an authorised officer or other person under section 212AA (as in force before its repeal) before that commencement that has not been dealt with by the officer or person in accordance with section 220DD before that commencement; and (b) any amount of an on-the-spot penalty fare received by the Public Transport Development Authority under Part VII before that commencement that has not been dealt with by it in accordance with section 220DD before that commencement.". 10 Repeal This Act is repealed on 1 October 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). ═══════════════ -- 5 of 6 -- Endnotes Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016 No. 71 of 2016 5 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: 8 November 2016 The long title for the Bill for this Act was "A Bill for an Act to amend the Transport (Compliance and Miscellaneous) Act 1983 to abolish the on-the-spot penalty fares scheme and for other purposes." -- 6 of 6 --