Transport Legislation General Amendments Act 2009

i Transport Legislation General Amendments Act 2009 No. 26 of 2009 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENTS TO TRANSPORT ACT 1983 3 3 Transfers of licences 3 4 Regulations relating to taxi-cab equipment 3 5 Renewal and cancellation of authorisation 3 PART 3—AMENDMENTS TO RAIL CORPORATIONS ACT 1996 5 Division 1—Abolition of the Southern Cross Station Authority 5 6 Repeal of Division 2F of Part 2 of the Rail Corporations Act 1996 5 7 Consequential amendments 5 8 New Part 8 inserted 6 PART 8—SOUTHERN CROSS STATION AUTHORITY 6 119 Definitions 6 120 Southern Cross Station Authority abolished 6 121 List of staff to be transferred 9 122 Transferred employees 9 123 Interests in land 11 124 Taxes 12 Division 2—Other amendments 12 9 Pricing Principles Order 12 10 Amendment of section 68—Civil penalty provisions 13 -- 1 of 24 -- Section Page ii PART 4—AMENDMENTS TO RAIL SAFETY ACT 2006 15 11 New section 33A inserted 15 33A Safety Director may give directions in relation to safe arrangements for the conducting of works on rail land 15 PART 5—AMENDMENTS TO CHILDREN, YOUTH AND FAMILIES ACT 2005 19 12 CAYPINS 19 PART 6—AMENDMENT TO BORROWING AND INVESTMENT POWERS ACT 1987 20 13 Borrowing and Investment Powers Act 1987 20 PART 7—REPEAL OF AMENDING ACT 21 14 Repeal of amending Act 21 ═══════════════ ENDNOTES 22 -- 2 of 24 -- 1 Transport Legislation General Amendments Act 2009 † No. 26 of 2009 [Assented to 17 June 2009] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Transport Act 1983 in relation to authorisations, transfers of licences and the regulations relating to taxi-cab equipment; Victoria -- 3 of 24 -- Part 1—Preliminary Transport Legislation General Amendments Act 2009 No. 26 of 2009 2 (b) to amend the Rail Corporations Act 1996 in relation to— (i) the abolition of the Southern Cross Station Authority; and (ii) the Pricing Principles Order; and (iii) civil penalty provisions; (c) to amend the Rail Safety Act 2006 in relation to safe arrangements for the conduct of works on rail land; (d) to amend the Children, Youth and Families Act 2005 in relation to CAYPINS; (e) to make a consequential amendment to the Borrowing and Investment Powers Act 1987. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision referred to in subsection (1) does not come into operation before 1 January 2010, it comes into operation on that day. __________________ s. 2 -- 4 of 24 -- Part 2—Amendments to Transport Act 1983 Transport Legislation General Amendments Act 2009 No. 26 of 2009 3 PART 2—AMENDMENTS TO TRANSPORT ACT 1983 3 Transfers of licences For section 149(2) of the Transport Act 1983 substitute— "(2) The licensing authority must not authorise the transfer of— (a) a commercial passenger vehicle licence in respect of a vehicle which operates as a public commercial passenger vehicle unless the licensing authority is satisfied that the transfer is in the general interests of the public; or (b) a taxi-cab licence that is suspended by force of section 156A(2) or (6) unless the licensing authority agrees to lift that suspension.". 4 Regulations relating to taxi-cab equipment In section 162(1)(bc) of the Transport Act 1983, for "permitted by or under the regulations" substitute "required or permitted by or under this Act or the regulations". 5 Renewal and cancellation of authorisation (1) After section 221H(1) of the Transport Act 1983 insert— "(1A) The Director must not renew an authorisation of a person unless the Director is satisfied that the person meets the requirements of section 221C(1)(a) and (b).". s. 3 -- 5 of 24 -- Part 2—Amendments to Transport Act 1983 Transport Legislation General Amendments Act 2009 No. 26 of 2009 4 (2) After section 221L(a) of the Transport Act 1983 insert— "(ab) the person is not competent to exercise the functions conferred on the person as an authorised officer by this Part; or (ac) the person is not of good repute, having regard to character, honesty and integrity; or". __________________ s. 5 -- 6 of 24 -- Part 3—Amendments to Rail Corporations Act 1996 Transport Legislation General Amendments Act 2009 No. 26 of 2009 5 PART 3—AMENDMENTS TO RAIL CORPORATIONS ACT 1996 Division 1—Abolition of the Southern Cross Station Authority 6 Repeal of Division 2F of Part 2 of the Rail Corporations Act 1996 Division 2F of Part 2 of the Rail Corporations Act 1996 is repealed. 7 Consequential amendments (1) In section 3(1) of the Rail Corporations Act 1996, the definitions of precinct and public statutory body are repealed. (2) In section 3(1) of the Rail Corporations Act 1996, in the definition of rail corporation for ", V/Line Passenger Corporation or Southern Cross Station Authority" substitute "or V/Line Passenger Corporation". (3) In sections 3(2)(a) and 3(3)(a) of the Rail Corporations Act 1996 omit "or the Southern Cross Station Authority". (4) Section 3A of the Rail Corporations Act 1996 is repealed. (5) Sections 61(3)(ea) and 62(4)(ea) of the Rail Corporations Act 1996 are repealed. s. 6 See: Act No. 79/1996. Reprint No. 4 as at 30 October 2006 and amending Act Nos 69/2007 and 15/2008. LawToday: www. legislation. vic.gov.au -- 7 of 24 -- Part 3—Amendments to Rail Corporations Act 1996 Transport Legislation General Amendments Act 2009 No. 26 of 2009 6 (6) In sections 69(4)(b) and 70(3)(b) of the Rail Corporations Act 1996 omit ", Southern Cross Station Authority" (where twice occurring). (7) Schedule 2 to the Rail Corporations Act 1996 is repealed. 8 New Part 8 inserted After Part 7 of the Rail Corporations Act 1996 insert— "__________________ PART 8—SOUTHERN CROSS STATION AUTHORITY 119 Definitions In this Division— appointed day means the day on which section 6 of the Transport Legislation General Amendments Act 2009 comes into operation; Southern Cross Station Authority means the Authority established under section 18ZG; transferred employee means an officer or employee listed under section 121. 120 Southern Cross Station Authority abolished (1) On the appointed day— (a) the Southern Cross Station Authority is abolished and the directors and the chief executive officer cease to hold their offices under this Act; s. 8 -- 8 of 24 -- Part 3—Amendments to Rail Corporations Act 1996 Transport Legislation General Amendments Act 2009 No. 26 of 2009 7 (b) all rights, property and assets that, immediately before the appointed day were vested in the Southern Cross Station Authority, vest in the Secretary, on behalf of the Crown; (c) all debts, liabilities and obligations of the Southern Cross Station Authority existing immediately before the appointed day, become debts, liabilities and obligations of the Secretary, on behalf of the Crown; (d) the Secretary, on behalf of the Crown, is substituted as a party to any proceedings pending in any court or tribunal to which the Southern Cross Station Authority was a party immediately before the appointed day; (e) the Secretary, on behalf of the Crown, is substituted as a party to any arrangement or contract entered into by or on behalf of the Southern Cross Station Authority and in force immediately before the appointed day; (f) any reference to the Southern Cross Station Authority in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the appointed day, and if not inconsistent with the context or subject-matter, must be construed as a reference to the Secretary, on behalf of the Crown. s. 8 -- 9 of 24 -- Part 3—Amendments to Rail Corporations Act 1996 Transport Legislation General Amendments Act 2009 No. 26 of 2009 8 (2) Nothing effected under subsection (1) or done or suffered under subsection (1)— (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; (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) or other law or obligation or any provision in any agreement or understanding, including, but not limited to, any provision or obligation prohibiting or restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; (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; (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 asset, right or liability; (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; (f) is to be regarded as frustrating any contract; s. 8 -- 10 of 24 -- Part 3—Amendments to Rail Corporations Act 1996 Transport Legislation General Amendments Act 2009 No. 26 of 2009 9 (g) releases any surety or other obligor wholly or in part from any obligation. 121 List of staff to be transferred The Secretary must list in writing the officers and employees of the Southern Cross Station Authority employed by the Southern Cross Station Authority immediately before the appointed day who are to be employed under Part 3 of the Public Administration Act 2004. 122 Transferred employees (1) A transferred employee is to be regarded as— (a) having been employed under Part 3 of the Public Administration Act 2004, with effect from the appointed day; (b) having been so employed on the same terms and conditions as those that applied to the person immediately before the appointed day as an officer or employee of the Southern Cross Station Authority; (c) having accrued an entitlement to benefits in connection with that employment under Part 3 of the Public Administration Act 2004 that is equivalent to the entitlement that the person had accrued, as an officer or employee of the Southern Cross Station Authority, immediately before the appointed day. s. 8 -- 11 of 24 -- Part 3—Amendments to Rail Corporations Act 1996 Transport Legislation General Amendments Act 2009 No. 26 of 2009 10 (2) The service of a transferred employee as an employee under Part 3 of the Public Administration Act 2004 is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the appointed day, as an officer or employee of the Southern Cross Station Authority. (3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of the Southern Cross Station Authority because of the operation of this Division. (4) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the appointed day, employed, by virtue of this section, under Part 3 of the Public Administration Act 2004, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. (5) The superannuation entitlements of any person who is a transferred employee are to be taken not to be affected by that person becoming a transferred employee. (6) Nothing in this section prevents— (a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the appointed day; or s. 8 -- 12 of 24 -- Part 3—Amendments to Rail Corporations Act 1996 Transport Legislation General Amendments Act 2009 No. 26 of 2009 11 (b) a transferred employee from resigning or being dismissed at any time after the appointed day in accordance with the then existing terms and conditions of his or her employment under Part 3 of the Public Administration Act 2004. 123 Interests in land (1) Without prejudice to the generality of this Division and despite anything to the contrary in any other Act or law if, immediately before the appointed day, the Southern Cross Station Authority is, in relation to former Southern Cross Station Authority property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the appointed day— (a) the Secretary is to be taken to be the registered proprietor of that interest in land; and (b) the Secretary has the same rights and remedies in respect of that interest as the Southern Cross Station Authority had. (2) 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 Southern Cross Station Authority as the transferor of former Southern Cross Station Authority property, must make any amendments in the Register that are necessary because of the operation of this Division. s. 8 -- 13 of 24 -- Part 3—Amendments to Rail Corporations Act 1996 Transport Legislation General Amendments Act 2009 No. 26 of 2009 12 124 Taxes No duty or other tax is chargeable under any Act in respect of anything 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 instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Southern Cross Station Authority.". Division 2—Other amendments 9 Pricing Principles Order In section 38J(5) of the Rail Corporations Act 1996— (a) the definitions of PIL rail infrastructure, Primary Infrastructure Lease, relevant rail infrastructure agreement and relevant rail infrastructure are repealed; (b) insert the following definitions— 'Regional Infrastructure Lease means the agreement entitled the "Regional Infrastructure Lease", entered into between the Director and V/Line Passenger Pty Ltd (ACN 087 425 269) on or about 4 May 2007 as varied from time to time; relevant rail infrastructure means— (a) RIL rail infrastructure; or (b) rail infrastructure that is the subject of a relevant rail infrastructure agreement (other than the Regional Infrastructure Lease); s. 9 -- 14 of 24 -- Part 3—Amendments to Rail Corporations Act 1996 Transport Legislation General Amendments Act 2009 No. 26 of 2009 13 relevant rail infrastructure agreement means— (a) the Regional Infrastructure Lease; or (b) any agreement declared by the Governor in Council under section 38K; RIL rail infrastructure means rail infrastructure that is "Railway Infrastructure" as defined in the Regional Infrastructure Lease.'; (c) in the definition of relevant user for "infrastructure." substitute "infrastructure;". 10 Amendment of section 68—Civil penalty provisions (1) For section 68(1) of the Rail Corporations Act 1996 substitute— "(1) In this section— agreement, lease or licence means— (a) an agreement, lease or licence relating to, or connected with, a passenger service or public transport service entered into by the Secretary or the Director acting on behalf of the Crown and a person to whom this section applies; (b) an agreement, lease or licence entered into by the Secretary, a statutory body, the Director or any other person acting on behalf of the Crown and a person to whom this section applies under which— s. 10 -- 15 of 24 -- Part 3—Amendments to Rail Corporations Act 1996 Transport Legislation General Amendments Act 2009 No. 26 of 2009 14 (i) works are to be carried out which the Secretary, statutory body, Director or other person acting on behalf of the Crown considers on reasonable grounds may affect public transport operations or public transport infrastructure; or (ii) a person is authorised to occupy land necessary for, or otherwise associated with, public transport operations or public transport infrastructure; civil penalty provision means a provision in an agreement, lease or licence which is expressed to be a civil penalty provision for the purposes of this Act.". (2) In section 68(3)(c) of the Rail Corporations Act 1996 after "(4)" insert "or (5)". (3) After section 68(4) of the Rail Corporations Act 1996 insert— "(5) Without derogating from subsection (4), the Governor in Council, by Order published in the Government Gazette, may declare that this section applies, on and from a date specified in the Order and subject to any terms and conditions specified in the Order, to a person specified in the Order in respect of the agreement, lease or licence specified in the Order.". __________________ s. 10 -- 16 of 24 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation General Amendments Act 2009 No. 26 of 2009 15 PART 4—AMENDMENTS TO RAIL SAFETY ACT 2006 11 New section 33A inserted After section 33 of the Rail Safety Act 2006 insert— "33A Safety Director may give directions in relation to safe arrangements for the conducting of works on rail land (1) In this section— access means a right to access any rail land for the purpose of conducting road works or ancillary rail works; rail land includes— (a) any land specified in paragraphs (a) and (b) of the definition of railway premises in section 3(1); and (b) any land occupied by a railway infrastructure manager under the relevant rail infrastructure lease; Rail Track means Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996; road authority has the same meaning as it has in section 3(1) of the Road Management Act 2004; works contractor means any person engaged directly or indirectly by Rail Track or a road authority to conduct road works or ancillary rail works on behalf of Rail Track or the road authority, including a subcontractor; works manager means Rail Track, a road authority or a works contractor. s. 11 See: Act No. 9/2006. Reprint No. 1 as at 21 August 2008 and amending Act No. 69/2007. LawToday: www. legislation. vic.gov.au -- 17 of 24 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation General Amendments Act 2009 No. 26 of 2009 16 (2) This section applies if— (a) Rail Track or a road authority applies to the Safety Director for a direction under this section; and (b) the Safety Director is satisfied that Rail Track, the road authority or a works contractor engaged by Rail Track or the road authority requires access; and (c) the Safety Director is satisfied that— (i) Rail Track or the road authority has made a reasonable attempt to obtain an agreement for access from the rail infrastructure manager and the rail infrastructure manager is unreasonably refusing to enter such an agreement, or is otherwise unreasonably delaying the negotiation of such an agreement on the grounds of purported safety concerns; or (ii) Rail Track or the road authority has entered into an agreement for access with the rail infrastructure manager and the rail infrastructure manager is unreasonably denying or limiting access on the grounds of purported safety concerns. (3) If this section applies and the Safety Director is satisfied that arrangements for access can be made under which the proposed road works or ancillary rail works can be conducted safely, the Safety Director may issue a written notice to the rail infrastructure manager and Rail Track or the road authority warning that the Safety Director may issue a direction under this section. s. 11 -- 18 of 24 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation General Amendments Act 2009 No. 26 of 2009 17 (4) A notice under subsection (3)— (a) must warn the rail infrastructure manager and Rail Track or the road authority of the Safety Director's powers under this section; and (b) may contain suggested arrangements for access under which the proposed road works or ancillary rail works can be conducted safely; and (c) may set a date by which— (i) an agreement for access is to be entered into; or (ii) if an agreement already exists, access is to be granted. (5) If a notice is given specifying a date under subsection (4)(c) and no agreement has been entered into, or access has not been granted, by or on that date, the Safety Director may— (a) determine the arrangements for access that are to apply; and (b) direct the rail infrastructure manager and Rail Track or the road authority to give effect to the arrangements. (6) A direction under subsection (5)— (a) must be in writing; and (b) must set out any arrangements determined by the Safety Director under that subsection; and (c) must be accompanied by a copy of this section. s. 11 -- 19 of 24 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation General Amendments Act 2009 No. 26 of 2009 18 (7) A person who is given a direction under subsection (5) must comply with the direction. Penalty: 100 penalty units. (8) If a person is guilty of an offence against subsection (7), the person is— (a) guilty of a further offence in respect of each day after the day on which the initial offence was committed during which the person fails to comply with the direction; and (b) liable to a penalty of up to 100 penalty units for each further offence. (9) The Safety Director must notify an applicant under this section of the Safety Director's decision— (a) to refuse the application or to issue a written notice under subsection (3); (b) to issue a direction under subsection (5).". __________________ s. 11 -- 20 of 24 -- Part 5—Amendments to Children, Youth and Families Act 2005 Transport Legislation General Amendments Act 2009 No. 26 of 2009 19 PART 5—AMENDMENTS TO CHILDREN, YOUTH AND FAMILIES ACT 2005 12 CAYPINS (1) In Schedule 3 to the Children, Youth and Families Act 2005, after clause 6(2)(e) insert— "(ea) in the case of an offence against the Transport Act 1983 or the regulations under that Act, request that consideration of the matter be deferred to another date so that the child may undertake a program approved under section 227A(2) of that Act; or". (2) In Schedule 3 to the Children, Youth and Families Act 2005, after clause 8(3)(b) insert— "(ba) in the case of an offence against the Transport Act 1983 or the regulations under that Act, defer making a decision to a later date so that the child may attend a program approved under section 227A(2) of that Act; or". (3) In Schedule 3 to the Children, Youth and Families Act 2005, after clause 8(3)(e) insert— "(ea) in the case of an offence against the Transport Act 1983 or the regulations under that Act, if the registrar is satisfied that the child has undertaken a program approved under section 227A(2) of that Act, order that payment of the registered amount that remains unpaid not be enforced; or". __________________ s. 12 See: Act No. 96/2005. Reprint No. 1 as at 23 April 2007 and amending Act Nos 97/2005, 23/2006, 24/2006, 51/2006, 81/2006, 24/2007, 28/2007, 56/2007, 7/2008, 8/2008, 9/2008, 12/2008 and 52/2008. LawToday: www. legislation. vic.gov.au -- 21 of 24 -- Part 6—Amendment to Borrowing and Investment Powers Act 1987 Transport Legislation General Amendments Act 2009 No. 26 of 2009 20 PART 6—AMENDMENT TO BORROWING AND INVESTMENT POWERS ACT 1987 13 Borrowing and Investment Powers Act 1987 In Schedule 1 to the Borrowing and Investment Powers Act 1987, item 13 is repealed. __________________ s. 13 -- 22 of 24 -- Part 7—Repeal of Amending Act Transport Legislation General Amendments Act 2009 No. 26 of 2009 21 PART 7—REPEAL OF AMENDING ACT 14 Repeal of amending Act This Act is repealed on 1 January 2011. 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). ═══════════════ s. 14 -- 23 of 24 -- Transport Legislation General Amendments Act 2009 No. 26 of 2009 22 ENDNOTES † Minister's second reading speech— Legislative Assembly: 4 December 2008 Legislative Council: 2 April 2009 The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Act 1983, the Rail Corporations Act 1996, the Rail Safety Act 2006, the Children, Youth and Families Act 2005 and the Borrowing and Investment Powers Act 1987 and for other purposes." Endnotes -- 24 of 24 --