Transport Legislation Amendment Act 2007

Transport Legislation Amendment Act 2007 No. 69 of 2007 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENTS TO TRANSPORT ACT 1983 4 Division 1—Smartcards 4 3 Definitions for Part VII 4 4 General evidentiary provision 5 5 New sections 230AB to 230AH inserted 5 230AB Evidentiary provision—smartcards 5 230AC Certificate of authorised officer who operated hand held reader 6 230AD Certificate in respect of prescribed devices and processes 7 230AE Notice by informant 7 230AF Notice by defendant 9 230AG Informant may adduce evidence in relation to ticket offence 11 230AH Regulations 11 Division 2—Other amendments 13 6 Definitions 13 7 Director of Public Transport—Functions and powers 13 8 Safety Director—Functions and powers 14 9 New section 12 inserted 14 12 Financial assistance to train drivers following fatal incidents 14 10 New section 158A substituted 15 158A Touting 15 11 Security cameras and the privacy of passengers 17 12 Regulations relating to taxi-cab equipment 17 13 Imposition of conditions of accreditation 18 14 Disqualification by Director from ability to apply for accreditation 18 15 Certificate of accreditation 18 i -- 1 of 104 -- Section Page 16 New sections 169EA to 169EC inserted 18 169EA Mandatory suspension in certain circumstances 18 169EB Reinstatement of driver accreditation in certain circumstances where it has been suspended 19 169EC Person whose driver licence or probationary licence is suspended or cancelled must notify the Director 19 17 Review of decision by VCAT 20 18 New section 169R substituted 20 169R Offence not to notify change of address and give driver accreditation 20 19 Notification of suspension or cancellation of accreditation 21 20 New section 169WA inserted 22 169WA Operator must not permit non-accredited driver to drive commercial passenger vehicle etc. 22 21 New section 169WB inserted 23 169WB Holder of accreditation must not permit non-accredited driver to drive commercial passenger vehicle etc. 23 22 Director may determine conditions 23 23 New section 220DA inserted 24 220DA Conditions relating to overseas student travel 24 24 New section 222B inserted 26 222B Interference with prescribed equipment 26 25 No requirement for photograph of officer on identity cards in certain cases 27 26 Forfeiture 27 27 New section 228ZX inserted 27 228ZX Forfeiture of seized thing 27 28 Compensation for damage caused during exercise of powers under Division 4B of Part VII 28 29 Improvement notices 28 30 New section 228ZZH substituted 29 228ZZH Clearance certificates for improvement notices 29 31 Proceedings for offences not affected by improvement notices 29 32 Prohibition notice 30 33 New section 228ZZKA inserted 30 228ZZKA Oral direction before prohibition notice served 30 34 New section 228ZZN substituted 32 228ZZN Certificates that matters that give rise to immediate risks to safety remedied 32 35 Proceedings for offences not affected by prohibition notices 33 36 Reviewable decisions 33 37 New sections 230DA to 23DC inserted 34 230DA Exclusion orders 34 230DB Corporations Act displacement 35 230DC Contravention of exclusion order 36 ii -- 2 of 104 -- Section Page 38 Saving of delegations 36 39 Transitional provisions—taxi-cab accreditation 36 40 Statute law revision 39 PART 3—AMENDMENTS TO PUBLIC TRANSPORT COMPETITION ACT 1995 40 41 New definition of motor vehicle inserted and definition of bus amended 40 42 Conditions of accreditation 40 43 New Division 1 heading inserted into Part 3 40 44 Associate (sub-contracted) operators 41 45 New Division 2 heading inserted into Part 3 41 46 Interested persons 41 47 Service contracts may also provide for penalties for breaches of performance requirements 42 48 New section 27A inserted 42 27A Civil penalty provisions in operative service contracts 42 49 Regions or routes of operation 43 50 Repeal of section 29 because of insertion of new Division 4 of Part 3 43 51 New Division 3 heading inserted into Part 3 43 52 Variation, suspension or cancellation of service contracts 44 53 New Divisions 4 and 5 of Part 3 inserted 44 Division 4—New regular passenger services 44 Subdivision 1—Interpretation 44 30A Definitions 44 30B When is an affected service contract holder a materially affected service contract holder? 46 30C Certain affected service contract holders may be materially affected service contract holders 48 Subdivision 2—Stage 1 procurement process (affected service contract holders) 49 30D Proposed new regular passenger services that will affect only one service contract holder 49 30E Proposed new regular passenger service that will affect more than one existing service contract holder— Stage 1 50 30F Outcome of stage 1 of procurement process if an affected service contract holder is successful 50 30G End of stage 1 process—No agreement (and there is no materially affected service contract holder) 51 30H End of stage 1 process—No agreement (and there is a materially affected service contract holder) 52 iii -- 3 of 104 -- Section Page Subdivision 3—Stage 2 procurement process (materially affected service contract holders) 52 30I Stage 2 procurement process—Only one materially affected service contract holder 52 30J Stage 2 procurement process—More than one materially affected service contract holder 54 30K Outcome of stage 2 procurement process—More than one materially affected service contract holder 54 Division 5—Transfer of property used in provision of regular passenger services 55 30L Definitions 55 30M Property of certain holders of service contracts and associated operators 58 30N Allocation statement 58 30O Relevant property transferred in accordance with statement 59 30P Allocation of relevant property subject to encumbrances 59 30Q Certificate of Director 59 30R Consideration for transferred property 60 30S Former transferor instruments and agreements 60 30T Interests in land 61 30U Amendment of Register 61 30V Proceedings 62 30W Taxes 62 30X Evidence 62 30Y Validity of things done under this Division 62 30Z Corporations Act displacement 64 PART 4—AMENDMENTS TO RAIL SAFETY ACT 2006 65 54 Amendment of definitions 65 55 Rail safety work 69 56 Principle of shared responsibility 69 57 New section 22A inserted 70 22A Duties of persons providing rail operations by means of contracted personnel 70 58 Rail operator must consult before establishing safety management system 71 59 New section 29 substituted 71 29 Safety audits 71 60 New Division heading inserted in Part 4 71 iv -- 4 of 104 -- Section Page 61 New Division 2 inserted in Part 4 72 Division 2—Safety interface agreements 72 34A What is a safety interface agreement? 72 34B Safety interface assessment by rail operator—rail operations 72 34C Safety interface assessment by rail infrastructure manager—rail infrastructure and public roadways or pathways 73 34D Safety interface assessment by rail infrastructure manager—rail infrastructure and relevant roadways or pathways 74 34E Safety interface assessment by relevant road manager of public roadway or pathway 75 34F Safety interface assessment by relevant road manager of relevant roadway or pathway 76 34G Requirements under sections 34E and 34F not to affect relevant road manager's functions, obligations or powers 77 34H Identification and assessment of risks 77 34I Safety interface agreements 78 34J Safety Director may give directions if persons fail to make safety interface agreements 78 34K Register of safety interface agreements 80 62 Application for variation of accreditation is required in certain cases 81 63 New sections 54A and 54B inserted 84 54A Where application for variation relates to co-operative rail operations 84 54B Prescribed conditions and restrictions 84 64 Accreditation exemptions for private siding rail operations 84 65 New section 69A inserted 84 69A Accredited rail operators to provide information 84 66 General regulation making powers 86 67 Expiry of transitional accreditations and post new scheme accreditations 86 PART 5—AMENDMENTS TO OTHER ACTS 87 Division 1—Marine Act 1988 87 68 Power to prosecute 87 Division 2—Rail Corporations Act 1996 87 69 Clearance of trees etc. 87 70 New section 60A inserted 88 60A Relevant rail operator to whom this section applies may clear trees without obtaining permit 88 v -- 5 of 104 -- Section Page Division 3—Road Management Act 2004 89 71 Definition 89 Division 4—Road Safety Act 1986 89 72 Definitions 89 73 Power to prosecute 90 74 Service of parking infringement notices 90 Division 5—Terrorism (Community Protection) Act 2003 91 75 New section 27A inserted 91 27A Delegation 91 76 Reference to relevant Minister 92 Division 6—Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 92 77 Reference to Division 92 78 Definition of taxi-cab network service 92 79 Duration of accreditation 93 80 Conditions and standards affecting accreditation 94 81 Effect of suspension of accreditation 94 82 Regulations 94 83 Effect on taxi-cab licences of certain outcomes 95 Division 7—Amendment to Victims of Crime Assistance Act 1996 96 84 Transport Act entitlement to be taken into account 96 PART 6—EXPIRY OF ACT 97 85 Expiry of Act 97 ═══════════════ ENDNOTES 98 vi -- 6 of 104 -- Victoria Transport Legislation Amendment Act 2007† No. 69 of 2007 [Assented to 11 December 2007] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Transport Act 1983— (i) to facilitate the use of smartcards for public transport; and (ii) to otherwise improve the operation and enforcement of that Act; and 1 -- 7 of 104 -- Part 1—Preliminary Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 2 (b) to amend the Public Transport Competition Act 1995— (i) in relation to regular passenger service contracts; and (ii) to otherwise improve the operation of that Act; and (c) to amend the Rail Safety Act 2006 to improve the operation of that Act; and (d) to make miscellaneous amendments to— (i) the Marine Act 1988; and (ii) the Rail Corporations Act 1996; and (iii) the Road Management Act 2004; and (iv) the Road Safety Act 1986; and (v) the Terrorism (Community Protection) Act 2003; and (vi) the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006; and (vii) the Victims of Crime Assistance Act 1996. 2 Commencement (1) This Part, sections 6, 7, 8, 11, 13 to 20, 22 to 32, 34 to 37, 39, 40(1), 40(3), 40(4), 40(6), 54(2), 56, 59 and 67, Part 3 (except section 42) and Divisions 1, 2, 5 and 6 of Part 5 and Part 6 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), section 9 and Division 7 of Part 5 come into operation on a day to be proclaimed. 2 -- 8 of 104 -- Part 1—Preliminary Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 2 (3) If section 9 and Division 7 of Part 5 do not come into operation before 1 July 2008, they come into operation on that day. (4) Section 38 is deemed to have come into operation on 7 August 2006. (5) Sections 40(2) and 42 are deemed to have come into operation on 1 July 2007. (6) Section 40(5) is deemed to have come into operation on 30 March 2007. (7) Sections 54(1), 58, 60, 61, 64 and 66 and Division 3 of Part 5 come into operation on 1 July 2010. (8) Section 55 comes into operation on 1 March 2008. (9) Sections 62 and 63 come into operation on 1 July 2008. (10) Subject to subsection (11), Division 4 of Part 5 comes into operation on a day to be proclaimed. (11) If Division 4 of Part 5 does not come into operation before 1 July 2008, it comes into operation on that day. (12) Subject to subsection (13), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (13) If a provision referred to in subsection (12) does not come into operation before 1 January 2009, it comes into operation on that day. __________________ 3 -- 9 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 3 PART 2—AMENDMENTS TO TRANSPORT ACT 1983 Division 1—Smartcards 3 Definitions for Part VII In section 208 of the Transport Act 1983 insert the following definitions— See: Act No. 9921. Reprint No. 12 as at 1 January 2007 and amending Act Nos 95/2005, 97/2005, 9/2006, 47/2006, 48/2006, 71/2006, 85/2006, 28/2007 and 30/2007. LawToday: www. legislation. vic.gov.au "hand held reader means a portable device or combination of portable devices capable of copying or transferring information from a smartcard and displaying and recording that information; prescribed device means— (a) a smartcard; or (b) a hand held reader of a prescribed kind; or (c) any other device prescribed by the regulations for the purposes of sections 230AB, 230AD and 230AE; smartcard means a plastic card or other thing that— (a) contains an imbedded computer microchip capable of receiving, storing, processing and transferring information; and (b) may lawfully be used for the purpose of obtaining or proving an entitlement to use a public transport service;". 4 -- 10 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 4 4 General evidentiary provision After section 230(6) of the Transport Act 1983 insert— "(7) A certificate purporting to be issued by— (a) the Public Transport Ticketing Body; or (b) the Chief Executive Officer of that Body; or (c) an officer, employee or agent of that Body authorised for that purpose by the Chief Executive Officer of that Body— certifying as to any matter relating to a smartcard issued by or on behalf of that Body that appears in or can be calculated from the records kept by that Body is admissible in evidence in any proceedings (other than proceedings for a ticket offence) and, in the absence of evidence to the contrary, is proof of that matter.". 5 New sections 230AB to 230AH inserted After section 230A of the Transport Act 1983 insert— "230AB Evidentiary provision—smartcards (1) If a fact relating to a smartcard is relevant in proceedings relating to a ticket offence, evidence of that fact as indicated or determined by a prescribed device that was used in the prescribed manner (if any) or by a printed document that was produced by a prescribed process is admissible in evidence in those proceedings. 5 -- 11 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 5 (2) For the purposes of this section, a fact relates to a smartcard if it relates to— (a) the smartcard itself, including its type, identifying numbers and manner of acquisition; or (b) the holder of the smartcard; or (c) the existence, or possible existence, of an entitlement to use a public transport service; or (d) the use of the smartcard. 230AC Certificate of authorised officer who operated hand held reader (1) A certificate purporting to be issued by an authorised officer who used a hand held reader to copy or transfer information from a smartcard produced to the authorised officer for inspection certifying as to the information copied or transferred from the smartcard in relation to all or any of the following matters— (a) the card number; (b) the card type; (c) the name of the card holder (if applicable); (d) the use of the card; (e) the entitlement to use a public transport service— is admissible in evidence in any proceedings relating to a ticket offence. (2) Subject to section 230AF, if a certificate is issued under subsection (1) in respect of a smartcard, it is presumed for the purposes of any proceedings relating to a ticket offence 6 -- 12 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 5 that the smartcard had accurately recorded and discharged the information copied or transferred from it by the hand held reader. 230AD Certificate in respect of prescribed devices and processes A certificate purporting to be issued by a person authorised by the Public Transport Ticketing Body or the Chief Executive Officer of that Body certifying that— (a) at all relevant times the prescribed devices specified in the certificate had operated correctly and had indicated or determined the facts (if any) stated in the certificate; or (b) at all relevant times, the printed documents specified in the certificate had been produced by a prescribed process— is admissible in evidence in any proceedings relating to a ticket offence. 230AE Notice by informant (1) If the informant in proceedings relating to a ticket offence serves on the defendant, by the required time, a copy of a certificate referred to in section 230AC, the certificate is conclusive proof of— (a) the facts and matters stated in that certificate; and (b) the fact that the hand held reader used was a prescribed device; and (c) the fact that the hand held reader was used in the prescribed manner (if any); and 7 -- 13 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 5 (d) the fact that the hand held reader had operated correctly. (2) If the informant in proceedings relating to a ticket offence serves on the defendant, within the required time, a notice setting out the presumptions set out in section 230AC(2), the facts that are the subject of the presumptions are to be taken to have been conclusively proved. (3) If the informant in proceedings relating to a ticket offence serves on the defendant, within the required time, copy of a certificate referred to in section 230AD, the certificate is conclusive proof— (a) that the person giving the certificate was authorised to do so; and (b) in the case of a certificate under section 230AD(a) of— (i) the fact that at all relevant times the prescribed devices specified in the certificate had operated correctly; and (ii) the facts (if any) stated in the certificate as indicated or determined by the prescribed devices; and (c) in the case of a certificate under section 230AD(b) of— (i) the fact that at all relevant times the printed documents specified in the certificate had been produced by a prescribed process; and (ii) the facts indicated or determined by the printed documents. 8 -- 14 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 5 (4) This section is subject to section 230AF. (5) In this section required time means no less than 56 days before the hearing for the relevant ticket offence. 230AF Notice by defendant (1) The defendant in any proceedings relating to a ticket offence may give notice in writing to the informant not less than 28 days before the hearing, or any shorter period ordered by the court or agreed to by the informant, that— (a) he or she requires the person giving a certificate referred to in section 230AD to be called as a witness; or (b) he or she intends to adduce evidence in rebuttal of any fact or matter— (i) stated in a certificate referred to in section 230AC or 230AD; or (ii) referred to in section 230AE(1) or 230AE(3); or (c) he or she intends to adduce evidence in rebuttal of any fact that is the subject of a presumption set out in section 230AC(2). (2) A notice under subsection (1) must specify any fact or matter with which issue is taken and indicate the nature of any expert evidence that the defendant intends to have adduced at the hearing. (3) The defendant may not, except with the leave of the court, introduce expert evidence at the hearing if the nature of that evidence was not indicated in a notice under subsection (1). 9 -- 15 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 5 (4) Subject to subsection (7), if a defendant gives a notice to the informant in accordance with subsection (1)(a), the certificate remains admissible as evidence of the facts or matters contained in the certificate or referred to in section 230AE(3) but ceases to be conclusive proof of those facts or matters. (5) Despite any order under subsection (7), if a defendant gives a notice to the informant under subsection (1)(b) in relation to a fact or matter contained in a certificate or referred to in section 230AE(1) or 230AE(3), the certificate— (a) remains admissible as evidence of that fact or matter but ceases to be conclusive proof of that fact or matter; and (b) remains admissible as conclusive proof of the facts or matters contained in the certificate or referred to in section 230AE(1) or 230AE(3) that are not specified in the notice. (6) If a defendant gives notice to the informant under subsection (1)(c) in relation to a fact set out in section 230AC(2), that fact ceases to be presumed and ceases to be taken to be conclusively proved but the certificate if admitted in evidence is deemed to be evidence of that fact. (7) If a defendant gives notice to the informant in accordance with subsection (1)(a) that he or she requires the person giving a certificate referred to in section 230AD to be called as a witness and the court is satisfied that that person— (a) is dead; or 10 -- 16 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 5 (b) is unfit by reason of his or her bodily or mental condition to testify as a witness; or (c) has ceased to be a person authorised by the Public Transport Ticketing Body or the Chief Executive Officer of that Body or is out of Victoria and it is not reasonably practicable to secure his or her attendance; or (d) cannot with reasonable diligence be found— the court must order that section 230AE has effect as if the notice had not been given. 230AG Informant may adduce evidence in relation to ticket offence (1) Nothing in section 230AE prevents the informant adducing evidence to explain any fact or matter contained in a certificate referred to in that section. (2) If an informant adduces evidence as provided in subsection (1), the certificate remains admissible in evidence but ceases to be conclusive proof of that fact or matter only. 230AH Regulations (1) The Governor in Council may make regulations for or with respect to— (a) prescribing devices for the purposes of sections 230AB, 230AD and 230AE and the manner of using (including testing) those devices; and (b) the processes for loading information onto a prescribed device, copying or transferring information between prescribed devices, storing of 11 -- 17 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 5 information by a prescribed device and producing a printed record of information stored by a prescribed device; and (c) generally prescribing any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division. (2) The regulations— (a) may be of general or of specially limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or a specified class of person; or (iii) as specified in both subparagraphs (i) and (ii); and (d) may apply, adopt or incorporate any matter contained in any document whether— (i) wholly or partially or as amended by the regulations; or (ii) as in force at a particular time or as in force from time to time; and (e) may confer a discretionary authority or impose a duty on a specified person or a specified class of person.". 12 -- 18 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 6 Division 2—Other amendments 6 Definitions In section 2(1) of the Transport Act 1983 insert the following definitions— "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 Ticketing Body or a bus company or passenger transport company; Public Transport Ticketing Body means— (a) the State body established for the purposes of the State Owned Enterprises Act 1992 by Order in Council made on 17 June 2003 and published in Special Government Gazette S119 on 17 June 2003; or (b) if the State body referred to in paragraph (a) is declared to be a State business corporation (by whatever name called) under the State Owned Enterprises Act 1992, that State business corporation;". 7 Director of Public Transport—Functions and powers (1) In section 9(7) of the Transport Act 1983, before "power of the Director" insert "function or". (2) In section 9AA of the Transport Act 1983, for "9(4)" substitute "9(4)(b) or 9(4)(ba)". 13 -- 19 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 8 8 Safety Director—Functions and powers (1) In section 9T(1)(b)(iii) of the Transport Act 1983, for "that the Minister may make" substitute "made". (2) In section 9Y of the Transport Act 1983 after "her" (where first occurring) insert "functions or". 9 New section 12 inserted After section 11 of the Transport Act 1983 insert— "12 Financial assistance to train drivers following fatal incidents (1) The Director of Public Transport must grant to a train driver engaged by a train operator an amount of financial assistance equal to the prescribed amount if the Director is satisfied that the train driver is eligible under this section to be awarded that amount. (2) A train driver is eligible under this section to be awarded financial assistance if— (a) the train driver was driving a train that was involved in an incident in which one or more persons died either by being struck by the train or by being in a vehicle struck by a train; and (b) the incident occurred on or after the commencement of section 9 of the Transport Legislation Amendment Act 2007. (3) A train driver is not eligible for financial assistance under this section if the train driver was convicted or found guilty of an offence under Part 6 of the Rail Safety Act 2006 involving alcohol or drugs in relation to the incident. 14 -- 20 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 10 (4) The financial assistance granted under this section must be paid out of the Public Transport Fund as a lump sum. (5) Despite anything to the contrary in the Accident Compensation Act 1985 or the Transport Accident Act 1986, a grant of financial assistance under this section is not to be taken into account in determining any amount of compensation, assistance or payment of any kind that the train driver is entitled to receive under either of those Acts. Note The financial assistance that a train driver has been awarded or is eligible to be awarded under this section is to be taken into account to reduce the amount of financial assistance awarded to the train driver under the Victims of Crime Assistance Act 1996. See section 16(ac) of that Act. (6) In this section the prescribed amount of financial assistance is $1300 or any higher amount that is prescribed as the maximum amount for the purposes of section 8A of the Victims of Crime Assistance Act 1996 in relation to a category C act of violence.". 10 New section 158A substituted For section 158A of the Transport Act 1983 substitute— "158A Touting (1) A person who at a specified place— (a) touts for the business of the hire of a motor vehicle; or (b) makes an offer to hire a motor vehicle; or (c) solicits custom for the hire of a motor vehicle; or 15 -- 21 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 10 (d) induces a person to hire a motor vehicle— by personally approaching a person on his or her own behalf or on behalf of another person or by displaying advertising material on or about his or her person is guilty of an offence. (2) A person who at a place other than a specified place— (a) touts for the business of the hire of a motor vehicle; or (b) makes an offer to hire a motor vehicle; or (c) solicits custom for the hire of a motor vehicle; or (d) induces a person to hire a motor vehicle— by personally approaching a person on his or her own behalf or on behalf of another person or by displaying advertising material on or about his or her person is guilty of an offence. (3) A person who is guilty of an offence under this section is liable to a penalty not exceeding 50 penalty units. (4) A person is not guilty of an offence under subsection (2) if— (a) the motor vehicle is a licensed commercial passenger vehicle; and (b) the conduct set out in subsection (2) is not in breach of the conditions of the licence or the regulations. 16 -- 22 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 11 (5) The Director of Public Transport may by notice published in the Government Gazette specify places for the purposes of this section. (6) In this section— advertising material does not include an insignia or business name when it forms part of a uniform; hire, in relation to a motor vehicle, means the hire of that vehicle together with the provision of a driver.". 11 Security cameras and the privacy of passengers In sections 158B(1) and 158B(2) of the Transport Act 1983, after "regulations" (wherever occurring) insert "(if any)". 12 Regulations relating to taxi-cab equipment After section 162(1)(bb) of the Transport Act 1983 insert— "(bc) information derived from or contained in equipment permitted by or under the regulations to be used in or on a taxi-cab, including— (i) the keeping of the information; and (ii) the provision of the information to the licensing authority; and (iii) the inspection or auditing of the information by or on behalf of the licensing authority;". 17 -- 23 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 13 13 Imposition of conditions of accreditation After section 169A(3) of the Transport Act 1983 insert— "(4) The Director must give the person to whom a driver accreditation is issued, or whose driver accreditation is renewed, a written copy of any conditions the Director imposes on the relevant driver accreditation.". 14 Disqualification by Director from ability to apply for accreditation (1) In section 169C(3)(b) of the Transport Act 1983, for "category 1 offence" substitute "category 2 offence or category 3 offence". (2) Sections 169C(5)(c) and 169C(5)(d) of the Transport Act 1983 are repealed. 15 Certificate of accreditation (1) In section 169D(b)(ii) of the Transport Act 1983, for "drive; and" substitute "drive.". (2) Section 169D(b)(iii) of the Transport Act 1983 is repealed. 16 New sections 169EA to 169EC inserted After section 169E of the Transport Act 1983 insert— "169EA Mandatory suspension in certain circumstances (1) This section applies if the holder of a driver accreditation has his or her driver licence or probationary licence under the Road Safety Act 1986 suspended or cancelled under that Act. 18 -- 24 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 16 (2) The Director must suspend that person's driver accreditation. (3) A suspension under this section of a driver accreditation remains in force until the Director reinstates the accreditation of the person in accordance with section 169EB. 169EB Reinstatement of driver accreditation in certain circumstances where it has been suspended The Director must reinstate the accreditation of a person suspended in accordance with section 169EA if— (a) the person gives evidence, to the satisfaction of the Director, that— (i) the suspension of the person's driver licence or probationary licence under the Road Safety Act 1986 has ceased; or (ii) the person has been granted a driver licence or probationary licence under the Road Safety Act 1986; and (b) there are no grounds for the Director to consider taking action under section 169I(1). 169EC Person whose driver licence or probationary licence is suspended or cancelled must notify the Director The holder of a driver accreditation, whose driver licence or probationary licence under the Road Safety Act 1986 is suspended or cancelled under that Act, must, within 7 days of that suspension or cancellation— 19 -- 25 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 17 (a) notify the Director of that suspension or cancellation; and (b) return to the Director his or her certificate of accreditation. Penalty: 5 penalty units.". 17 Review of decision by VCAT (1) In section 169O(1)(c) of the Transport Act 1983, for "Division." substitute "Division; or". (2) After section 169O(1)(c) of the Transport Act 1983 insert— "(d) a determination of the Director to disqualify the person from applying for the issue of an accreditation under this Division (where the person's application for the issue or renewal of that accreditation is refused); or (e) a decision of the Director not to, or a failure by the Director to, under section 169EB reinstate the accreditation of a person suspended in accordance with section 169EA.". 18 New section 169R substituted For section 169R of the Transport Act 1983 substitute— "169R Offence not to notify change of address and give driver accreditation The holder of a driver accreditation must, within 7 days of changing his or her residential address— (a) notify the Director of the change of residential address; and 20 -- 26 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 19 (b) return to the Director his or her certificate of accreditation. Penalty: 5 penalty units.". 19 Notification of suspension or cancellation of accreditation (1) In section 169S of the Transport Act 1983— (a) for "person who holds a licence or accreditation to operate a vehicle as a commercial passenger vehicle under Division 5," substitute "relevant operator"; and (b) for "holder of the licence or accreditation" substitute "relevant operator". (2) At the end of section 169S of the Transport Act 1983 insert— "(2) In this section— relevant operator means a person who— (a) is the operator of a taxi-cab; or (b) holds a licence granted under Division 5 in respect of a commercial passenger vehicle (other than a taxi-cab); or (c) is an accredited person. Note Accredited person is defined in the Public Transport Competition Act 1995. See also section 3(3) of that Act.". 21 -- 27 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 20 20 New section 169WA inserted After section 169W of the Transport Act 1983 insert— "169WA Operator must not permit non-accredited driver to drive commercial passenger vehicle etc. (1) In this section— relevant operator means a person who— (a) is an operator of a taxi-cab; or (b) holds a licence granted under Division 5 in respect of a commercial passenger vehicle (other than a taxi-cab); or (c) is an accredited person. Note Accredited person is defined in the Public Transport Competition Act 1995. See also section 3(3) of that Act. (2) A relevant operator must not permit a person who is not a holder of a driver accreditation (the second person) to drive— (a) a commercial passenger vehicle operated by the relevant operator; or (b) a vehicle being used by the relevant operator for the operation of a private bus service. Penalty: 10 penalty units. (3) A relevant operator is not guilty of an offence under subsection (2) if the operator believed, after making all reasonable enquiries, that the second person was the holder of a driver accreditation.". 22 -- 28 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 21 21 New section 169WB inserted After section 169WA of the Transport Act 1983 insert— "169WB Holder of accreditation must not permit non-accredited driver to drive commercial passenger vehicle etc. (1) The holder of a driver accreditation must not permit a person who is not a holder of a driver accreditation (the second person) to drive— (a) a commercial passenger vehicle; or (b) a vehicle being used for the operation of a private bus service. Penalty: 10 penalty units. (2) A holder of a driver accreditation is not guilty of an offence under subsection (1) if the holder believed, after making all reasonable enquiries, that the second person was the holder of a driver accreditation.". 22 Director may determine conditions After section 220D(1) of the Transport Act 1983 insert— "(1A) A condition determined under subsection (1) may apply, adopt or incorporate any matter contained in any document whether— (a) wholly or partially or as amended by the condition; or (b) as in force at a particular time or as in force from time to time.". 23 -- 29 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 23 23 New section 220DA inserted After section 220D of the Transport Act 1983 insert— "220DA Conditions relating to overseas student travel (1) The conditions determined under section 220D(1) may include a condition providing that overseas students or specified classes of overseas students are not eligible for student concessions to use a public transport service. (2) If the conditions under section 220D include a condition of a kind referred to in subsection (1), overseas students or overseas students of a class specified in the condition are not entitled to student concessions to use a public transport service to which the condition applies. (3) The determination or publication by the Director under section 220D of, or compliance by a person with, a condition of a kind referred to in subsection (1) does not constitute discrimination on the basis of race for the purposes of the Equal Opportunity Act 1995. (4) For the avoidance of doubt it is declared that— (a) the determination or publication by the Director under section 220D of, or the compliance by a person with, any condition determined under section 220D before the commencement day; or (b) the approval by the Secretary or Director of the determination of, or the determination or publication by a passenger transport company or a bus 24 -- 30 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 23 company of, or the compliance by any person with, any condition determined under section 221(1A) before its repeal— that provided that overseas students or overseas students of a class specified in the condition were not eligible for student concessions to use a public transport service is to be taken— (c) never to have constituted discrimination on the basis of race for the purposes only of the Equal Opportunity Act 1995; and (d) to be and always to have been conduct that was authorised. (5) Subsection (4) does not apply to affect— (a) any decision in respect of, or any proceeding arising from, Complaint No. 3064890 before the Victorian Human Rights and Equal Opportunity Commission to the extent only that that complaint or proceeding applies to the individual named in the complaint, as at 23 March 2007, as the person on whose behalf the complaint was lodged; or (b) any proceeding that was completed or in which judgment was given before the commencement day. (6) In this section— commencement day means the date of commencement of section 23 of the Transport Legislation Amendment Act 2007; 25 -- 31 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 24 overseas student means a person holding a visa under the Migration Act 1958 of the Commonwealth which allows the person, whether expressly or otherwise, to study in Victoria but does not include a person who is— (a) an Australian citizen; or (b) a permanent resident of Australia; or (c) a student with refugee status; or (d) an overseas exchange student; or (e) in receipt of an Australian Development Scholarship from the Commonwealth Government.". 24 New section 222B inserted Before section 223 of the Transport Act 1983 insert— "222B Interference with prescribed equipment (1) A person must not— (a) move or attempt to move; or (b) interfere with or attempt to interfere with; or (c) tamper or attempt to tamper with— any prescribed equipment or equipment in a prescribed class of equipment owned by the Public Transport Ticketing Body or operated by or on behalf of the Public Transport Ticketing Body. Penalty: 20 penalty units. 26 -- 32 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 25 (2) Subsection (1) does not apply to anything done by any person acting on behalf of, or with the permission of, the Public Transport Ticketing Body.". 25 No requirement for photograph of officer on identity cards in certain cases (1) In section 228U(2) of the Transport Act 1983— (a) in paragraph (a), omit "and a photograph"; (b) in paragraph (b), for "this Division." substitute "section 228T; and"; (c) after paragraph (b) insert— "(c) subject to subsection (3), contain a photograph of the transport safety officer appointed under section 228T.". (2) After section 228U(2) of the Transport Act 1983 insert— "(3) An identity card need not contain a photograph of the transport safety officer if the officer being issued with the identity card has been appointed under section 228T to only exercise powers under Part 6 of the Rail Safety Act 2006.". 26 Forfeiture In section 228ZV(2)(c) of the Transport Act 1983 omit "under an order". 27 New section 228ZX inserted For section 228ZX of the Transport Act 1983 substitute— "228ZX Forfeiture of seized thing (1) Any thing that a transport safety officer has seized and retained under this Division is forfeited to the State if the transport safety officer— 27 -- 33 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 28 (a) cannot find the thing's owner despite making reasonable enquiries; or (b) cannot return the thing to the owner despite making reasonable efforts; or (c) considers it necessary to retain the thing to prevent the commission of an offence against a relevant transport safety law. (2) If a thing is forfeited to the State under subsection (1)(c), the transport safety officer must notify (in writing) the owner accordingly, setting out how the owner may seek review of the decision to forfeit the thing, unless the transport safety officer cannot find the owner despite making reasonable enquiries.". 28 Compensation for damage caused during exercise of powers under Division 4B of Part VII In section 228ZZB(2)(b) of the Transport Act 1983 for "in searching for" substitute "in inspecting, or searching for,". 29 Improvement notices In section 228ZZC(6) of the Transport Act 1983 for "has certified in writing that the contravention, likely contravention, matters or activities have been remedied" substitute "serves a clearance certificate under section 228ZZH". 28 -- 34 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 30 30 New section 228ZZH substituted For section 228ZZH of the Transport Act 1983 substitute— "228ZZH Clearance certificates for improvement notices (1) This section applies if the Safety Director or a transport safety officer is satisfied that a relevant person served with an improvement notice has complied with all the requirements of, or a requirement of, that notice. (2) The Safety Director or a transport safety officer must serve a clearance certificate on the relevant person to the effect that (as the case requires)— (a) all of the requirements of the improvement notice have been complied with; or (b) the specific requirement of the improvement notice has been complied with. (3) The clearance certificate must be served as soon as practicable after the Safety Director or a transport safety officer is so satisfied. (4) A requirement of the improvement notice to which the clearance certificate relates ceases to be operative on receipt by the relevant person of that certificate.". 31 Proceedings for offences not affected by improvement notices (1) In the heading to section 228ZZI of the Transport Act 1983 after "notices" insert "or clearance certificates". 29 -- 35 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 32 (2) At the end of section 228ZZI of the Transport Act 1983 insert— "(2) The issue of a clearance certificate under section 228ZZH in respect of an improvement notice does not affect any proceedings for an offence against a relevant transport safety law in connection with any matter in respect of which the improvement notice was served.". 32 Prohibition notice In section 228ZZJ(2) of the Transport Act 1983 for "has certified in writing that the matters that give or will give rise to the risk have been remedied" substitute "serves a certificate under section 228ZZN". 33 New section 228ZZKA inserted After section 228ZZK of the Transport Act 1983 insert— "228ZZKA Oral direction before prohibition notice served (1) This section applies if the Safety Director or a transport safety officer— (a) believes on reasonable grounds that an activity referred to in section 228ZZJ(1) is occurring or may occur; and (b) considers that it is not possible or reasonable to immediately serve a prohibition notice under that section. (2) The Safety Director or transport safety officer may give an oral direction to a person who has or appears to have control over the activity to do or not to do a stated act by telling the person— 30 -- 36 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 33 (a) to do or not to do the stated act; and (b) the reason for the Safety Director or transport safety officer giving the direction. (3) A person to whom a direction is given under subsection (2) must comply with the direction unless the person has a reasonable excuse. Penalty: In the case of a natural person, 500 penalty units; In the case of a body corporate, 2500 penalty units. (4) It is a reasonable excuse if the Safety Director or transport safety officer did not tell the person that the person commits an offence if the person does not comply with the direction. (5) If the Safety Director or transport safety officer gives a direction under subsection (2) in respect of an activity but does not, within 5 days after giving the direction, serve a prohibition notice in respect of the activity, the direction ceases to have effect. (6) An offence against subsection (3) is an indictable offence. Note However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989).". 31 -- 37 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 34 34 New section 228ZZN substituted For section 228ZZN of the Transport Act 1983 substitute— "228ZZN Certificates that matters that give rise to immediate risks to safety remedied (1) This section applies if the Safety Director or a transport safety officer is satisfied that a relevant person served with a prohibition notice has remedied all of the matters or a matter— (a) that gave, or will give, rise to an immediate risk to the safety of a person or rail operations because of the carrying out of the activity; and (b) specified in the prohibition notice. (2) The Safety Director or a transport safety officer must serve a certificate on the relevant person to the effect that (as the case requires)— (a) all of the matters or the matter that gave rise to an immediate risk to the safety of a person or rail operations because of the activity specified in the prohibition notice have been remedied; or (b) all of the matters or the matter that could have given rise to an immediate risk to the safety of a person or rail operations because of the activity specified in the prohibition notice have been remedied. (3) The certificate must be served as soon as practicable after the Safety Director or transport safety officer is so satisfied. 32 -- 38 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 35 (4) A matter raised in the prohibition notice that has been remedied to the satisfaction of the Safety Director or transport safety officer, and to which the certificate relates, ceases to be operative on receipt by the relevant person of that certificate.". 35 Proceedings for offences not affected by prohibition notices (1) In the heading to section 228ZZO of the Transport Act 1983 after "notices" insert "or certificates issued under section 228ZZN". (2) In section 228ZZO of the Transport Act 1983 after "service" insert ", amendment or withdrawal". (3) At the end of section 228ZZO of the Transport Act 1983 insert— "(2) The issue of a certificate under section 228ZZN in respect of a prohibition notice does not affect any proceedings for an offence against a relevant transport safety law in connection with any matter in respect of which the prohibition notice was served.". 36 Reviewable decisions (1) In section 228ZZQ(1)(a) of the Transport Act 1983, after "Subdivisions" insert "7,". (2) In the Table in section 228ZZQ of the Transport Act 1983, before item 1 insert the following item— "1AA Section 228ZX (forfeiture of seized things) The owner of the thing forfeited.". 33 -- 39 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 37 37 New sections 230DA to 23DC inserted After section 230D of the Transport Act 1983 insert— "230DA Exclusion orders (1) A court that finds a person guilty of an offence against a relevant transport safety law may, on the application of the prosecutor or the Safety Director, if the court considers the person to be a systematic or persistent offender against the relevant transport safety laws, make an order under this section. (2) For the purpose of restricting opportunities for the person to commit or be involved in the commission of further offences against relevant transport safety laws, the court may, if it considers it appropriate to do so, make an exclusion order prohibiting the person, for a specified period, from— (a) managing rail infrastructure, or operating rolling stock, or managing or operating a particular type of rail infrastructure or rolling stock; or (b) being a director, secretary or officer concerned in the management of a body corporate involved in managing rail infrastructure that is in the State or operating rolling stock in the State; or (c) being involved in managing rail infrastructure that is in the State or operating rolling stock in the State except by driving a train or rolling stock. 34 -- 40 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 37 (3) The court may only make an order under this section if it is satisfied that the person should not continue the things the subject of the proposed order and that a supervisory intervention order under section 230C is not appropriate, having regard to— (a) the offences against a relevant transport safety law of which the person has previously been found guilty; and (b) any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with rail operations. (4) A court that has power to make an exclusion order may revoke or amend the exclusion order on the application of— (a) the Safety Director; or (b) the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting the revocation or amendment. 230DB Corporations Act displacement Section 230DA is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D of that Act. Note Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. 35 -- 41 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 38 230DC Contravention of exclusion order A person who is subject to an exclusion order must not engage in conduct that results in a contravention of the order. Penalty: In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units.". 38 Saving of delegations After section 271(1) of the Transport Act 1983 insert— "(1A) An instrument of delegation made by the Secretary under section 32(1A) and in force immediately before the commencement of section 31(1) of the Transport Legislation (Further Amendment) Act 2006 is on that commencement deemed to be an instrument of delegation made by the Director under section 9(7) to the extent that a power delegated under that instrument is a power under a relevant section or a power conferred on a licensing authority by or under this Act.". 39 Transitional provisions—taxi-cab accreditation (1) In section 272(1) of the Transport Act 1983 for "12 months" substitute "2 years". (2) After section 272(2) of the Transport Act 1983 insert— "(2A) If— (a) an application for the grant of a taxi- cab licence under section 143 or 143A; or 36 -- 42 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 39 (b) an application under section 149 for authority to transfer a taxi-cab licence; or (c) an application under section 150 for authority to assign the right to operate a vehicle under a taxi-cab licence— is made but not determined before the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, the application must be considered and determined in accordance with this Act as in force immediately before that commencement. (2B) Subject to this section, a person who holds a taxi-cab licence— (a) that was granted to the person in response to an application to which subsection (2A)(a) applies; or (b) that was transferred to the person in response to an application to which subsection (2A)(b) applies— is deemed for the period commencing on the date of the grant or transfer of the taxi-cab licence (as the case requires) and ending 2 years after the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 to be accredited under Division 4 of Part VI as a taxi-cab licence holder. (2C) Subject to this section, a person to whom the right to operate a vehicle under a taxi-cab licence is assigned under an assignment for which an authority was given in response to an application to which subsection (2A)(c) applies is deemed for the period commencing on the date that the authority 37 -- 43 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 39 was given and ending 2 years after the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 to be accredited under Division 4 of Part VI as a taxi-cab operator. (2D) Subject to this section, if, before a taxi-cab licence is granted or transferred to a person in response to an application to which subsection (2A)(a) or (2A)(b) applies, the licensing authority determines on reasonable grounds that the person does not intend to assign the right to operate a vehicle under the licence to another person— (a) the licensing authority may determine that the person is to be accredited as a taxi-cab operator; and (b) if a determination under paragraph (a) is made and notified in writing to the person, the person is deemed for the period commencing on the date that the licence was granted or transferred and ending 2 years after the commencement of Part 2 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 to be accredited under Division 4 of Part VI as a taxi-cab operator.". (3) In sections 272(3) and 272(4) of the Transport Act 1983 for "subsection (1) or (2)" substitute "subsection (1), (2), (2B), (2C) or (2D)". 38 -- 44 of 104 -- Part 2—Amendments to Transport Act 1983 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 40 40 Statute law revision (1) In section 32(1)(b) of the Transport Act 1983, for "sections 82 and" substitute "section". (2) In section 86(1) of the Transport Act 1983, in the definition of driver accreditation, for "165" substitute "166". (3) In section 221S(1) of the Transport Act 1983, for "221C(2)(a)" substitute "221C(1)(a)". (4) In section 223 of the Transport Act 1983, for "owed" substitute "owned". (5) In section 228H of the Transport Act 1983— (a) in subsection (4)— (i) for "(3) must" substitute "(2) must"; (ii) for "(5)" substitute "(3)"; (b) in subsection (5)(a), for "(3)" substitute "(1)". (6) In section 228ZZJ(2) (where twice occurring), 228ZZJ(6) and 228ZZL(4) of the Transport Act 1983, for "carrying on" substitute "carrying out". __________________ 39 -- 45 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 41 PART 3—AMENDMENTS TO PUBLIC TRANSPORT COMPETITION ACT 1995 41 New definition of motor vehicle inserted and definition of bus amended (1) In section 3(1) of the Public Transport Competition Act 1995 insert the following definition— See: Act No. 68/1995. Reprint No. 2 as at 17 June 2004 and amending Act Nos 95/2005, 9/2006 and 47/2006. LawToday: www. legislation. vic.gov.au "motor vehicle means a motor vehicle within the meaning of the Road Safety Act 1986 and includes a trailer attached to the motor vehicle;". (2) In section 3(1) of the Public Transport Competition Act 1995, in the definition of bus, after "means a" insert "motor". 42 Conditions of accreditation In section 10(1)(a) of the Public Transport Competition Act 1995, for "driver's certificate granted under section 156(2) of the Transport Act 1983 will be employed or engaged as a driver of" substitute "driver accreditation (within the meaning of section 86(1) of the Transport Act 1983) will be permitted to drive". 43 New Division 1 heading inserted into Part 3 Before section 25 of the Public Transport Competition Act 1995 insert— "Division 1—Service contract requirement for regular passenger services". 40 -- 46 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 44 44 Associate (sub-contracted) operators After section 25(2) of the Public Transport Competition Act 1995 insert— "(3) Subsection (1) or (2) does not apply if the person operates a regular passenger service within (or partly within) the State— (a) under a subcontract or other arrangement with the holder of a service contract (the primary service contract); and (b) the subcontract or other arrangement is authorised or otherwise permitted under the primary service contract.". 45 New Division 2 heading inserted into Part 3 After section 25 of the Public Transport Competition Act 1995 insert— "Division 2—Service contracts". 46 Interested persons For section 26(4) of the Public Transport Competition Act 1995 substitute— "(4) In awarding a service contract the Director may apply any principles determined by him or her for the purpose of awarding service contracts. (4A) The Director must give a copy of the principles referred to in subsection (4) to— (a) a person whom the Director invites to tender for a service contract; (b) a person who tenders for a service contract; (c) a person who applies to the Director for the granting of a service contract; 41 -- 47 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 47 (d) a person who requests, in writing, a copy of the principles.". 47 Service contracts may also provide for penalties for breaches of performance requirements For section 27(3)(b) of the Public Transport Competition Act 1995 substitute— "(b) monetary or other penalties— (i) for a breach of contract; (ii) for a failure (not being a breach of contract) to meet a performance requirement specified in the contract; (iii) payable on the termination of the contract; (ba) the recovery of monetary and other penalties referred to in paragraph (b) in accordance with the contract or this Act;". 48 New section 27A inserted After section 27 of the Public Transport Competition Act 1995 insert— "27A Civil penalty provisions in operative service contracts (1) In this section— operative service contract means a service contract that— (a) is in force on the day on which section 48 of the Transport Legislation Amendment Act 2007 comes into operation; or (b) is entered into on or after the day on which section 48 of the Transport Legislation Amendment Act 2007 comes into operation. 42 -- 48 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 49 (2) This section applies if— (a) an operative service contract makes provision for or with respect to a penalty— (i) for a breach of the contract; or (ii) for a failure (not being a breach of contract) to meet a performance requirement specified in the contract; or (iii) that is payable on the termination of the contract; and (b) that provision is expressed under the operative service contract to be a civil penalty provision for the purposes of this Act. (3) A person is liable to pay, as a debt due to the State, the amount as required by a civil penalty provision in an operative service contract despite anything to the contrary in a rule of, or principle at, common law.". 49 Regions or routes of operation Section 28(3) of the Public Transport Competition Act 1995 is repealed. 50 Repeal of section 29 because of insertion of new Division 4 of Part 3 Section 29 of the Public Transport Competition Act 1995 is repealed. 51 New Division 3 heading inserted into Part 3 Before section 30 of the Public Transport Competition Act 1995 insert— "Division 3—Variation, suspension, cancellation of service contracts". 43 -- 49 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 52 52 Variation, suspension or cancellation of service contracts (1) In section 30(1) of the Public Transport Competition Act 1995, after "regulations" insert "or the service contract". (2) For section 30(2) of the Public Transport Competition Act 1995 substitute— "(2) If the service contract does not provide for any manner by which the Director may vary, suspend or cancel the service contract, the Director must— (a) give a person referred to in subsection (1)(a) written notice of the intended action under that subsection; and (b) allow that person to make written representations about that intended action within 10 working days before taking the intended action against that person.". 53 New Divisions 4 and 5 of Part 3 inserted After section 30 of the Public Transport Competition Act 1995 insert— 'Division 4—New regular passenger services Subdivision 1—Interpretation 30A Definitions In this Division— affected exclusive region means an exclusive region within which there will be a part of a route of operation for a new regular passenger service (whether or not that route of operation will overlap with or cross a route of 44 -- 50 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 operation along which a regular passenger service is provided); affected exclusive route of operation means an exclusive route of operation— (a) that will overlap with a part of a route of operation for a new regular passenger service; or (b) over which a part of a route of operation for a new regular passenger service will cross; affected service contract holder means a person who holds a service contract under which the person provides a regular passenger service— (a) along an affected exclusive route of operation; or (b) within an affected exclusive region; exclusive region means a region of operation specified in a service contract within which the holder of the service contract provides a regular passenger service on an exclusive basis; exclusive right of operation means a right, conferred under a service contract, to provide a regular passenger service— (a) along an exclusive route of operation; or (b) within an exclusive region, except to the extent that that right is modified by the service contract, or extinguished by the service contract or by force of operation of a provision of this Act; 45 -- 51 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 exclusive route of operation means a route of operation specified in a service contract along which the holder of the service contract provides a regular passenger service on an exclusive basis; materially affected, in relation to an affected exclusive route of operation or affected exclusive region, has the meaning given by section 30B(2); materially affected service contract holder has the meaning given by section 30B; stage 2 procurement process means the process provided for under section 30J. 30B When is an affected service contract holder a materially affected service contract holder? (1) An affected service contract holder is a materially affected service contract holder if— (a) the affected service contract holder provides a regular passenger service— (i) along an affected exclusive route of operation that will be materially affected; or (ii) within an affected exclusive region that will be materially affected; or (b) a determination under section 30C applies to that affected service contract holder. 46 -- 52 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 (2) For the purposes of this section, an affected exclusive route of operation, or an affected exclusive region, will be materially affected if— Xro > 2) N ( % 100 + where— Xro is the relevant overlap (expressed as a percentage); and N is the number of affected service contract holders. (3) In subsection (2), relevant overlap means— B A where— A is— (a) in the case of an affected exclusive route of operation—that part, or the sum of the parts, of the affected exclusive route of operation, as measured in vehicle service kilometres, that will, when the new regular passenger service is provided, overlap with, or cross, any part of the route of operation for the new regular passenger service (as measured in vskms); (b) in the case of an affected exclusive region—that part, or the sum of the parts, of the route of operation along which the new regular passenger service will be provided that will be within that affected exclusive region of 47 -- 53 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 operation, as measured in vskms, (whether or not that route of operation will overlap with or cross another route of operation); B means the total length of the route of operation along which the new regular passenger service will be provided (as measured in vskms). (4) In this section— vehicle service kilometres or vskms means the length (measured in kilometres) of a route, or a part or a route, of operation for the provision of a regular passenger service multiplied by the number of times the regular passenger service is provided on that route in a day. 30C Certain affected service contract holders may be materially affected service contract holders On application by an affected service contract holder, the Director may determine that that affected service contract holder is a materially affected service contract holder for the purposes of this Division if— (a) the affected service contract holder provides a regular passenger service along an affected exclusive route of operation or within an affected exclusive region and that holder would be a materially affected service contract holder under section 30B(1)(a) if, in section 30B(2) for— "Xro > 2) N ( % 100 + ", there were substituted— 48 -- 54 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 "Xro > 3) N ( % 100 + "; and (b) the provision of a new regular passenger service will, in the Director's opinion, have a significant adverse impact on the business of that affected service contract holder. Subdivision 2—Stage 1 procurement process (affected service contract holders) 30D Proposed new regular passenger services that will affect only one service contract holder (1) This section applies if— (a) the Director considers that a new regular passenger service should be provided; and (b) there will be only one affected service contract holder when that regular passenger service is provided. (2) The Director must give the affected service contract holder the opportunity to negotiate exclusively with the Director for the right to provide the new regular passenger service. (3) If, after 28 days from commencing negotiations with the affected service contract holder, the Director has not received from the affected service contract holder a written offer for the provision of the new regular passenger service by that contract holder setting out terms and conditions that the Director considers are reasonable in light of— (a) the nature and extent of that new regular passenger service; and 49 -- 55 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 (b) the provisions of this Act and the regulations; and (c) the circumstances of the case— the exclusive right of operation of the affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect. 30E Proposed new regular passenger service that will affect more than one existing service contract holder—Stage 1 (1) This section applies if— (a) the Director considers that a new regular passenger service should be provided; and (b) there will be more than one affected service contract holder when that regular passenger service is provided. (2) The Director must give each of the affected service contract holders an opportunity to negotiate with the Director for the right to provide the new regular passenger service. 30F Outcome of stage 1 of procurement process if an affected service contract holder is successful (1) This section applies if, following negotiations with each of the affected service contract holders in accordance with section 30E, the Director and one or more of those affected service contract holders agree that the service contract holder or contract 50 -- 56 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 holders (as the case requires) (a successful party) may provide the new regular passenger service. (2) The exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable a successful party to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect. 30G End of stage 1 process—No agreement (and there is no materially affected service contract holder) (1) This section applies if— (a) after 28 days from commencing negotiations with each of the affected service contract holders in accordance with section 30E, the Director is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the affected service contract holders; and (b) none of the affected service contract holders is a materially affected service contract holder; and (c) the Director is of the view that it is in the public interest that the new regular passenger service should be provided. (2) The exclusive rights of operation of all of the affected service contract holders are, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection 51 -- 57 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect. 30H End of stage 1 process—No agreement (and there is a materially affected service contract holder) (1) This section applies if— (a) after 28 days from commencing negotiations with each of the affected service contract holders in accordance with section 30E, the Director is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the affected service contract holders; and (b) at least one of the affected service contract holders is a materially affected service contract holder. (2) The Director must take action under— (a) section 30I if there is only one materially affected service contract holder; (b) section 30J if there is more than one materially affected service contract holder. Subdivision 3—Stage 2 procurement process (materially affected service contract holders) 30I Stage 2 procurement process—Only one materially affected service contract holder (1) The Director must give the materially affected service contract holder the opportunity to negotiate exclusively with the 52 -- 58 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 Director for the right to provide the new regular passenger service. (2) If, following negotiations with the materially affected service contract holder, the Director and that contract holder agree that the contract holder may provide the new regular passenger service, the exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable the materially affected service contract holder to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect. (3) If, however, after 28 days from commencing negotiations with the materially affected service contract holder, the Director has not received from the materially affected service contract holder a written offer for the provision of the new regular passenger service by that contract holder on terms and conditions that the Director considers are reasonable in light of— (a) the nature and extent of that new regular passenger service; and (b) the provisions of this Act and the regulations; and (c) the circumstances of the case— the exclusive right of operation of the affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection 53 -- 59 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect. 30J Stage 2 procurement process—More than one materially affected service contract holder The Director must invite all materially affected service contract holders to participate in a process (to be determined by the Director) for the procurement of the new regular passenger service. 30K Outcome of stage 2 procurement process—More than one materially affected service contract holder (1) Subsection (2) applies if, following the stage 2 procurement process, the Director and one or more of the materially affected service contract holders agree that the service contract holder or contract holders (as the case requires) (a successful party) may provide the new regular passenger service. (2) The exclusive right of operation of every other affected service contract holder to provide a regular passenger service is, to the extent necessary to enable a successful party to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, the service contract or variation of service contract for the provision of the new regular passenger service takes effect. 54 -- 60 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 (3) If, however, following the stage 2 procurement process, the Director— (a) is unable to agree on the terms and conditions for the provision of the new regular passenger service with any of the materially affected service contract holders; and (b) is of the view that it is in the public interest that the new regular passenger service should be provided— the exclusive right of operation of every other affected service contract holder is, to the extent necessary to enable another person to provide the new regular passenger service, extinguished by force of this subsection when, as the case requires, a service contract or a variation of service contract for the provision of the new regular passenger service takes effect. Division 5—Transfer of property used in provision of regular passenger services 30L Definitions In this Division— associated operator means a person specified in a primary contract— (a) as an associated operator; and (b) as a person to whom this Division applies; former property means relevant property that, under this Division, has vested in the State or another person in accordance with an allocation statement; 55 -- 61 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 former transferor instrument means an instrument or an oral agreement subsisting immediately before the relevant date— (a) to which the transferor was a party; or (b) that was given to, or in favour of, the transferor; or (c) that refers to the transferor; or (d) under which— (i) money is, or may become, payable to or by the transferor; or (ii) other property is to be, or may become liable to be, transferred to or by the transferor; primary contract means a service contract referred to in section 30M(1) (as amended from time to time); 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; related contract means a contract entered into by the holder of a primary contract, or an associated operator, and the Director or a nominee of the Director in accordance with the primary contract, and if such a contract is amended, that contract as amended; 56 -- 62 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 related deed means a deed— (a) known as an option deed under a primary contract; and (b) entered into by the holder of that primary contract, or an associated operator, and the Director or a nominee of the Director in accordance with the primary contract— and if the deed is amended, that deed as amended; relevant property means property of a holder of a service contract, or an associated operator, which, under a primary contract, the parties to that contract agree is relevant property for the purposes of this Division; relevant date, in relation to an allocation statement under section 30N or relevant property allocated under such a statement, means the date, or the date and time, fixed by the Minister under section 30N(5) for the purposes of that statement; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; transferee means a person to whom relevant property is allocated under an allocation statement under section 30N; transferor means the holder of a service contract, or an associated operator, from which relevant property is transferred under an allocation statement under section 30N. 57 -- 63 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 30M Property of certain holders of service contracts and associated operators (1) This section applies if— (a) a provision of a service contract provides for the transfer of relevant property of the holder of that contract, or an associated operator, to the State or any other person (whether in accordance with that service contract or a related contract or a related deed) in circumstances specified in that contract; and (b) that provision is expressed to be a transfer provision for the purposes of this Division. (2) The Director may give to the Minister, at a time, or within a period, determined under the primary contract, a statement or statements to be approved by the Minister relating to any or all of the relevant property. 30N Allocation statement (1) A statement under section 30M— (a) must allocate relevant property to or between the State and such persons as the Director nominates in writing; and (b) must be signed by the Director. (2) If a statement under this section is approved by the Minister— (a) the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Division. 58 -- 64 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 (3) The Minister may at any time direct the Director to amend a statement given under this section as specified in the direction. (4) An allocation statement under this section may be amended in writing signed by the Minister. (5) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under this section. (6) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section. 30O Relevant property transferred in accordance with statement On the relevant date, the relevant property that is allocated under an allocation statement under section 30N vests in the State or another person in accordance with the statement. 30P Allocation of relevant property subject to encumbrances Unless an allocation statement under section 30N otherwise provides if, under this Division, relevant property vests in a transferee under section 30O, the relevant property so vested is subject to the encumbrances (if any) to which it was subject immediately before so vesting. 30Q Certificate of Director (1) A certificate signed by the Director certifying that property of the transferor specified in the certificate has been allocated under an allocation statement in accordance 59 -- 65 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 with section 30N is, unless revoked under subsection (2), conclusive evidence that the property— (a) has been so allocated; and (b) vested in the transferee on the relevant date. (2) If the Minister so directs the Director in writing, the Director must revoke a certificate given under subsection (1) by issuing another certificate in place of the first certificate. (3) The Director— (a) must keep a register of certificates issued under this section; and (b) must make the register reasonably available for inspection by a transferee or other interested person. 30R Consideration for transferred property The consideration payable to the transferor by the State or a transferee on behalf of the State in respect of relevant property that is allocated under an allocation statement is the amount determined in accordance with— (a) the primary contract; and (b) a related contract. 30S Former transferor instruments and agreements (1) Each former transferor instrument relating to former 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 the transferor were a reference to the transferee. 60 -- 66 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 (2) Where, under an allocation statement, a transferor's interest in an agreement vests in a transferee under section 30O— (a) the transferee becomes, on the relevant date, a party to the agreement in place of the transferor; and (b) on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement. 30T Interests in land Without prejudice to the generality of this Division if, immediately before the relevant date, a transferor is, in relation to former property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date— (a) the transferee is to be taken to be the registered proprietor of that interest in land; and (b) the transferee has the same rights and remedies in respect of that interest as the transferor had. 30U Amendment of Register 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 Director referred to in section 30Q, must make any amendments in the Register that are necessary because of the operation of this Division. 61 -- 67 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 30V Proceedings Unless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former property (including arbitration proceedings) to which a transferor was a party were pending or existing in any court or tribunal, then, on and after that date, the transferee is substituted for the transferor as a party to the proceedings and has the same rights in the proceedings as the transferor had. 30W Taxes Duty and any other tax chargeable under an Act is payable in respect of the vesting of relevant property under this Division as if the vesting were effected by an instrument. 30X Evidence Documentary or other evidence that would have been admissible for or against the interests of a transferor in relation to former property if this Division had not been enacted is admissible for or against the interests of the transferee. 30Y Validity of things done under this Division (1) Nothing effected or to be effected by this Division 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 62 -- 68 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 (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 beneficial or legal ownership of any relevant property; 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. 63 -- 69 of 104 -- Part 3—Amendments to Public Transport Competition Act 1995 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 53 30Z Corporations Act displacement The provisions of this Division are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 of that Act. Note Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.'. __________________ 64 -- 70 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 54 PART 4—AMENDMENTS TO RAIL SAFETY ACT 2006 54 Amendment of definitions (1) In section 3(1) of the Rail Safety Act 2006— See: Act No. 9/2006 and amending Act No. 47/2006 LawToday: www. legislation. vic.gov.au (a) insert the following definitions— "coordinating road authority has the same meaning as in the Road Management Act 2004; footpath has the same meaning as in the Road Rules; level crossing means— (a) an area where a public roadway or a relevant roadway and railway (other than a tramway or light railway) cross at substantially the same level, whether or not there is a level crossing sign on the roadway at all or any of the entrances to the area; or (b) an area where a public roadway or a relevant roadway and a tramway or light railway cross at substantially the same level and that has a level crossing sign on the roadway at each entrance to the area; public highway has the same meaning as in the Road Management Act 2004; public pathway means a footpath or shared path forming part of a public road; 65 -- 71 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 54 public road has the same meaning as in the Road Management Act 2004; public roadway means an area within the meaning of paragraph (a) of the definition of roadway within the meaning of section 3(1) of the Road Management Act 2004; rail or road crossing means— (a) a railway crossing; or (b) a bridge carrying— (i) a public roadway or relevant roadway over a railway; or (ii) a public pathway or relevant pathway over a railway; or (c) a bridge carrying a railway over— (i) a public roadway or relevant roadway; or (ii) a public pathway or relevant pathway; railway crossing means— (a) a level crossing; (b) any area where a public pathway or relevant pathway crosses a railway at substantially the same level; relevant pathway means a footpath or shared path that does not form part of a public road; 66 -- 72 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 54 relevant road manager means— (a) in relation to a public roadway or public pathway—the coordinating road authority in respect of the public road of which that roadway or pathway is a part; (b) in relation to a relevant roadway or relevant pathway—the person who has care and management of the relevant roadway or relevant pathway or is the owner or occupier of the land on which there is that relevant roadway or relevant pathway; relevant roadway means an area that is developed for, or has as one of its main uses, the driving or riding of motor vehicles, whether or not that area is— (a) open to or used by the public; or (b) a public highway— but does not include a public roadway; road infrastructure has the same meaning as in the Road Management Act 2004; Road Rules means the Road Rules within the meaning of the Road Safety (Road Rules) Regulations 1999; safety interface agreement—see Division 2 of Part 4; shared path has the same meaning as in Rule 242 of the Road Rules;"; (b) the definition of interface co-ordination plan is repealed. 67 -- 73 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 54 (2) In section 3(1) of the Rail Safety Act 2006, for the definition of safety audit substitute— "safety audit means an inspection of— (a) any of the following or a part of the following— (i) rail infrastructure used in carrying out accredited rail operations; (ii) rolling stock used in carrying out accredited rail operations; (iii) accredited rail operations; or (b) the performance of, or any aspect of the performance of— (i) the employees of an accredited rail operator; or (ii) a rail contractor within the meaning of paragraph (b) of the definition of rail contractor who supplies rail operations to an accredited rail operator;". (3) After section 3(4) of the Rail Safety Act 2006 insert— "(5) For the purposes of this Act— (a) a rail infrastructure manager is deemed to carry out rail infrastructure operations carried out for that manager by a labour-hire contractor; (b) a rolling stock operator is deemed to carry out rolling stock operations carried out for that operator by a labour-hire contractor. 68 -- 74 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 55 (6) In subsection (5)— labour-hire contractor means an individual whose services are supplied to a rail infrastructure manager or rolling stock operator under an agreement or arrangement between— (a) the person that employs or engages that individual; and (b) as the case requires, that manager or operator— to carry out rail infrastructure operations or rolling stock operations (as the case requires).". 55 Rail safety work After section 7(c) of the Rail Safety Act 2006 insert— "(ca) loading or unloading rolling stock;". 56 Principle of shared responsibility At the end of section 13 of the Rail Safety Act 2006 insert— "(2) The level and nature of responsibility that a person referred to in subsection (1), or falling within a class of person referred to in subsection (1), has for rail safety is dependent on the nature of the risk to rail safety that the person creates from the carrying out of an activity (or the making of a decision) and the capacity that person has to control, eliminate or mitigate that risk.". 69 -- 75 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 57 57 New section 22A inserted After section 22 of the Rail Safety Act 2006 insert— "22A Duties of persons providing rail operations by means of contracted personnel (1) A person (a labour-hire entity) who under an agreement or arrangement supplies to a rail infrastructure manager the services of an individual that labour-hire entity employs or engages to carry out rail infrastructure operations for that manager must, so far as is reasonably practicable, ensure that that individual is competent to carry out the rail infrastructure operations. Penalty: In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. (2) A person (a labour-hire entity) who under an agreement or arrangement supplies to a rolling stock operator the services of an individual that labour-hire entity employs or engages to carry out rolling stock operations for that operator must, so far as is reasonably practicable, ensure that that individual is competent to carry out rolling stock operations. Penalty: In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. 70 -- 76 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 58 (3) An offence against subsection (1) or (2) is an indictable offence. Note However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989).". 58 Rail operator must consult before establishing safety management system In section 26(c) of the Rail Safety Act 2006 for "an interface co-ordination plan" substitute "a safety interface agreement". 59 New section 29 substituted For section 29 of the Rail Safety Act 2006 substitute— "29 Safety audits The Safety Director may conduct, or cause to be conducted, a safety audit, to determine whether or not an accredited rail operator is satisfactorily complying with the requirements of Parts 3 and 5.". 60 New Division heading inserted in Part 4 After the heading to Part 4 of the Rail Safety Act 2006 insert— "Division 1—Rail operations and utility works". 71 -- 77 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 61 61 New Division 2 inserted in Part 4 After section 34 of the Rail Safety Act 2006 insert— "Division 2—Safety interface agreements 34A What is a safety interface agreement? A safety interface agreement is an agreement about managing risks to safety identified and assessed under this Division that includes provisions for— (a) the implementation and maintenance of measures to manage those risks; and (b) the evaluation, testing and, if appropriate, revision of those measures; and (c) the respective roles and responsibilities of each party to the agreement in relation to those measures; and (d) the procedures by which each party to the agreement will monitor compliance with the obligations under the agreement; and (e) a process for keeping the agreement under review. 34B Safety interface assessment by rail operator—rail operations (1) A rail operator must— (a) identify and assess, so far as is reasonably practicable, risks to safety that may arise from rail operations carried out by or on behalf of the rail operator because of, or partly because of, rail operations carried out by or on behalf of any other rail operator; and 72 -- 78 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 61 (b) determine measures to manage, so far as is reasonably practicable, any risks identified and assessed. (2) A rail operator must seek to enter into a safety interface agreement with the other rail operator carrying out rail operations for the purpose of managing the risks to safety identified and assessed under subsection (1). 34C Safety interface assessment by rail infrastructure manager—rail infrastructure and public roadways or pathways (1) A rail infrastructure manager must— (a) identify and assess, so far as is reasonably practicable, risks to safety that may arise from rail infrastructure operations carried out on or in relation to the rail infrastructure manager's rail infrastructure because of, or partly because of, the existence or use of any rail or road crossing that is part of the road infrastructure of any public roadway or that is a public pathway; and (b) determine measures to manage, so far as is reasonably practicable, any risks identified and assessed. (2) A rail infrastructure manager must seek to enter into a safety interface agreement with the relevant road manager for that public roadway or public pathway for the purpose of managing the risks identified and assessed under subsection (1). 73 -- 79 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 61 34D Safety interface assessment by rail infrastructure manager—rail infrastructure and relevant roadways or pathways (1) A rail infrastructure manager must— (a) identify and assess, so far as is reasonably practicable, risks to safety that may arise from rail infrastructure operations carried out on or in relation to the rail infrastructure manager's rail infrastructure because of, or partly because of, the existence or use of any rail or road crossing that is part of the road infrastructure of any relevant roadway or that is a relevant pathway; and (b) consider and form an opinion about whether it is necessary to manage those risks to safety in conjunction with the relevant road manager for that relevant roadway or relevant pathway. (2) If a rail infrastructure manager is of the opinion that it is necessary to manage the risks to safety identified and assessed under subsection (1) in conjunction with the relevant road manager, the rail infrastructure manager must— (a) give the relevant road manager written notice of that opinion; and (b) determine measures, so far as is reasonably practicable, to manage those risks to safety. (3) If the rail infrastructure manager is of the opinion that the risks to safety do not need to be managed in conjunction with the relevant 74 -- 80 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 61 road manager, the rail infrastructure manager must keep a written record of that opinion. (4) Unless subsection (3) applies, a rail infrastructure manager must seek to enter into a safety interface agreement with the relevant road manager for the purpose of managing the risks identified and assessed under subsection (1). 34E Safety interface assessment by relevant road manager of public roadway or pathway (1) A relevant road manager in relation to a public roadway or public pathway must— (a) identify and assess, so far as is reasonably practicable, risks to safety that may arise from the existence or use of any rail or road crossing that is part of the road infrastructure of that public roadway or that is a public pathway because of, or partly because of, rail infrastructure operations; (b) determine measures to manage, so far as is reasonably practicable, any risks identified and assessed. (2) A relevant road manager must have regard to— (a) the principal object of road management; and (b) the works and infrastructure management principles; and (c) the functions, powers and duties of infrastructure managers under the Road Management Act 2004— when determining measures to manage risks identified under subsection (1). 75 -- 81 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 61 (3) A relevant road manager must seek to enter into a safety interface agreement with any rail infrastructure manager whose rail infrastructure operations are identified as contributing to a risk identified under subsection (1) for the purposes of managing that risk. (4) In this section— principal object of road management has the same meaning as in the Road Management Act 2004; works and infrastructure management principles means the principles set out in section 20(2) of the Road Management Act 2004; infrastructure manager has the same meaning as in the Road Management Act 2004. 34F Safety interface assessment by relevant road manager of relevant roadway or pathway (1) If a relevant road manager receives written notice under section 34D(2)(a) in relation to a relevant roadway or relevant pathway, the relevant road manager must— (a) identify and assess, so far as is reasonably practicable, risks to safety that may arise from the existence or use of any rail or road crossing that is part of the road infrastructure of that relevant roadway or that is a relevant pathway because of, or partly because of, rail infrastructure operations; and (b) determine measures to manage, so far as is reasonably practicable, any risks identified and assessed. 76 -- 82 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 61 (2) A relevant road manager in relation to a relevant roadway or relevant pathway must seek to enter into a safety interface agreement with any rail infrastructure manager whose rail infrastructure operations are identified as contributing to a risk identified under subsection (1) for the purposes of managing that risk. 34G Requirements under sections 34E and 34F not to affect relevant road manager's functions, obligations or powers Nothing in section 34E or 34F authorises or requires a relevant road manager to act inconsistently with, or without regard to, the functions, obligations or powers conferred on the manager by or under an Act other than this Act. 34H Identification and assessment of risks A rail operator or relevant road manager may identify and assess risks to safety as required under section 34B, 34C, 34D, 34E or 34F— (a) by identifying and assessing those risks independently; or (b) by identifying and assessing those risks jointly with, as the case requires, another rail operator or a relevant road manager; or (c) by adopting the identification and assessment of those risks carried out by, as the case requires, another rail operator or a relevant road manager. 77 -- 83 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 61 34I Safety interface agreements A safety interface agreement under this Division may— (a) be entered into by 2 or more rail operators or by one or more rail operators and one or more relevant road managers; (b) include measures to manage any number of risks to safety that may arise because of, or partly because of, any rail operations; (c) include measures to manage any number of risks to safety that may arise from any rail operations because of, or partly because of, the existence or use of any road infrastructure; (d) make provision for or in relation to any matter by applying, adopting or incorporating any matter contained in any document; (e) consist of 2 or more documents. 34J Safety Director may give directions if persons fail to make safety interface agreements (1) This section applies if the Safety Director is satisfied that a rail operator or relevant road manager referred to in section 34B, 34C, 34D, 34E or 34F is— (a) unreasonably refusing or failing to enter into a safety interface agreement with another person as required under this Division; or (b) unreasonably delaying the negotiation of that agreement. 78 -- 84 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 61 (2) The Safety Director may serve a written notice on the rail operator or relevant road manager (as the case requires). (3) A written notice under subsection (2)— (a) must warn the rail operator or relevant road manager (as the case requires) of the powers of the Safety Director under this section, including the power to issue a direction under subsection (5) at any time after a specified date; and (b) must contain a copy of this section; and (c) may contain suggested terms for inclusion in a safety interface agreement. (4) If the Safety Director serves a notice under subsection (2) to a rail operator or relevant road manager, the Safety Director may, in writing, request the person served with the notice to provide such information as the Safety Director reasonably requires for the purposes of making a direction under subsection (5). (5) If a notice is issued under this section and a safety interface agreement has not been entered into by or on the date specified in that notice, the Safety Director— (a) may determine the arrangements to apply in relation to the management of risks to safety referred to in section 34B, 34C, 34D, 34E or 34F (as the case requires); and 79 -- 85 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 61 (b) may direct either or both persons to whom the notice is issued to give effect to those arrangements; and (c) must specify by when a direction must be complied with. (6) A direction under subsection (5)— (a) must be in writing; and (b) must set out any arrangements determined by the Safety Director. (7) A person who is given a direction under subsection (5) must comply with the direction. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. 34K Register of safety interface agreements (1) A rail operator must maintain a register of— (a) safety interface agreements to which the rail operator is a party; and (b) arrangements determined by the Safety Director under section 34J— that are applicable to its rail operations. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. (2) A relevant road manager must maintain a register of— (a) safety interface agreements to which the road manager is a party; and 80 -- 86 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 62 (b) arrangements determined by the Safety Director under section 34J— that are applicable to any public roadway or public pathway or relevant roadway or relevant pathway in relation to which they are the relevant road manager. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units.". 62 Application for variation of accreditation is required in certain cases (1) For section 54(1) of the Rail Safety Act 2006 substitute— "(1) This section applies if an accredited rail operator proposes to make a change to, or to the manner of carrying out, accredited rail operations that may reasonably be expected— (a) to change the nature, character and scope of the accredited rail operations; or (b) to not be within the competence and capacity for which the accredited rail operator is accredited. (1A) The accredited rail operator must apply to the Safety Director for a variation of its accreditation.". 81 -- 87 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 62 (2) For section 54(3) of the Rail Safety Act 2006 substitute— "(3) An application under this section must— (a) be in writing; and (b) describe— (i) the nature, character and scope of the change in rail operations; or (ii) how those operations are not, or may not be, within the competence and capacity for which the accredited rail operator is accredited; and (c) contain the prescribed information (if any).". (3) After section 54(3) of the Rail Safety Act 2006 insert— "(3A) The Safety Director may require an accredited rail operator who has applied for a variation— (a) to supply further information requested by the Safety Director; (b) to verify by statutory declaration any information supplied to the Safety Director.". (4) For section 54(5) of the Rail Safety Act 2006 substitute— "(5) The Safety Director must grant or refuse to grant the variation within the relevant period.". 82 -- 88 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 62 (5) For section 54(7) of the Rail Safety Act 2006 substitute— "(7) A notification under subsection (6)(a) and a statement of reasons under subsection (6)(b) must be in writing.". (6) After section 54(8) of the Rail Safety Act 2006 insert— "(9) In this section— relevant period, in relation to a decision to grant or refuse to grant a variation, means— (a) 6 months after the application for that variation was received by the Safety Director; or (b) if the Safety Director requests further information for the purposes of making that decision, 6 months, or such other period, as is agreed between the Safety Director and the accredited rail operator, after the Safety Director receives the last of the information requested; or (c) if the Safety Director, by notice in writing given to the accredited rail operator before the expiry of the relevant 6 months, specifies another period, that period— whichever is longer.". 83 -- 89 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 63 63 New sections 54A and 54B inserted After section 54 of the Rail Safety Act 2006 insert— "54A Where application for variation relates to co-operative rail operations Sections 43 and 62A apply to an application for variation of an accreditation as if a reference in those sections to an application for accreditation were a reference to an application for variation of accreditation. 54B Prescribed conditions and restrictions The accreditation of a rail operator that is varied under this Part is subject to any conditions or restrictions prescribed by the regulations and that are applicable to the accreditation as varied.". 64 Accreditation exemptions for private siding rail operations (1) For section 63(2)(b)(i) of the Rail Safety Act 2006 substitute— "(i) a safety interface agreement; and". (2) In section 63(4)(d) of the Rail Safety Act 2006 for "interface co-ordination plan" substitute "safety interface agreement". 65 New section 69A inserted After section 69 of the Rail Safety Act 2006 insert— "69A Accredited rail operators to provide information (1) The Safety Director may, by notice in writing given to an accredited rail operator, require the accredited rail operator to provide to the Safety Director on or before a 84 -- 90 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 65 specified date and in a manner and form approved by the Safety Director, any or all of the following— (a) information concerning measures taken by the accredited rail operator to promote rail safety; (b) information relating to the financial capacity or insurance arrangements of the accredited rail operator; (c) other matters relating to rail safety or the accreditation of the accredited rail operator that the Safety Director reasonably requires. (2) An accredited rail operator must comply with a notice given to the accredited rail operator under subsection (1). Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. (3) An accredited rail operator must provide to the Safety Director, in a manner and form approved by the Safety Director and at the prescribed times and in respect of the prescribed periods, information prescribed by the regulations for the purposes of this subsection relating to rail safety or accreditation. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units.". 85 -- 91 of 104 -- Part 4—Amendments to Rail Safety Act 2006 Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 66 66 General regulation making powers For section 110(1)(bb) of the Rail Safety Act 2006 substitute— "(bb) matters or things safety interface agreements may provide for;". 67 Expiry of transitional accreditations and post new scheme accreditations In section 173 of the Rail Safety Act— (a) omit "on the making of an Order under section 166,"; (b) in paragraph (a), for "the second anniversary of the commencement day" substitute "1 July 2008"; (c) in paragraph (b), for "the third anniversary of the commencement day" substitute "1 July 2009". __________________ 86 -- 92 of 104 -- Part 5—Amendments to Other Acts Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 68 PART 5—AMENDMENTS TO OTHER ACTS Division 1—Marine Act 1988 68 Power to prosecute For section 87(2) of the Marine Act 1988 substitute— See: Act No. 52/1988. Reprint No. 6 as at 19 August 2004 and amending Act Nos 94/2003, 108/2004, 97/2005, 10/2006 and 32/2006. LawToday: www. legislation. vic.gov.au "(2) If proceedings are brought by a member of the police force, or by a person authorised by the Director, or by a person or body authorised by a public authority, the proceedings may be conducted before the court by— (a) any other member of the police force; or (b) any other person authorised by the Director; or (c) any other person or body authorised by the public authority.". Division 2—Rail Corporations Act 1996 69 Clearance of trees etc. Insert the following heading to section 60 of the Rail Corporations Act 1996— See: Act No. 79/1996. Reprint No. 4 as at 30 October 2006. LawToday: www. legislation. vic.gov.au "Person to whom this section applies may require clearance of trees". 87 -- 93 of 104 -- Part 5—Amendments to Other Acts Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 70 70 New section 60A inserted After section 60 of the Rail Corporations Act 1996 insert— "60A Relevant rail operator to whom this section applies may clear trees without obtaining permit (1) This section applies if any tree or wood— (a) is on land owned or occupied by a relevant rail operator; and (b) is in the vicinity of a railway track operated or maintained by a relevant rail operator; and (c) poses a risk to the safety of anyone on, or using, the railway track. Example The following trees pose a risk to the safety of a person using a railway track— (a) a tree that obstructs a view of a signal box from a portion of the track; (b) a tree near the middle of a curve of the track that restricts the view of the track of anyone entering the curve; (c) a tree whose roots are underneath the track. (2) A relevant rail operator may fell and remove the tree or wood without the need to obtain a permit under any relevant planning scheme under the Planning and Environment Act 1987, despite anything to the contrary in or under that Act. (3) In this section— relevant rail operator means a person specified in section 60(6).". 88 -- 94 of 104 -- Part 5—Amendments to Other Acts Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 71 Division 3—Road Management Act 2004 71 Definition In section 3(1) of the Road Management Act 2004, in paragraph (a)(v) of the definition of road management function, after "roads" insert "including Division 2 of Part 4 of the Rail Safety Act 2006". See: Act No. 12/2004. Reprint No. 2 as at 11 October 2006 and amending Act Nos 61/2005, 74/2006 and 85/2006. LawToday: www. legislation. vic.gov.au Division 4—Road Safety Act 1986 72 Definitions In section 3(1) of the Road Safety Act 1986 insert the following definitions— See: Act No. 127/1986. Reprint No. 10 as at 9 November 2006 and amending Act Nos 19/1991, 97/2005, 48/2006, 81/2006, 14/2007 and 30/2007. LawToday: www. legislation. vic.gov.au "bus company has the same meaning as in the Transport Act 1983; park and ride facility means land or premises— (a) vested in or under the control of a rail or bus operator; and (b) to which specified provisions of this Act and the regulations relating to the regulation or control of the parking of a vehicle, or the leaving standing of a vehicle, apply under an Order under section 98 (whether or not other provisions of this Act or the regulations also apply under that Order); 89 -- 95 of 104 -- Part 5—Amendments to Other Acts Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 73 passenger transport company has the same meaning as in the Transport Act 1983; rail or bus operator means a bus company, a passenger transport company or Rail Track; Rail Track means Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996;". 73 Power to prosecute (1) After section 77(2)(da) of the Road Safety Act 1986 insert— "(db) a person authorised under section 229(1AA) of the Transport Act 1983 to bring a proceeding for a ticket offence (within the meaning of section 208 of that Act), if the offence against this Act or the regulations occurs on or in a park and ride facility;". (2) Sections 77(2A) and 77(2B) of the Road Safety Act 1986 are repealed. (3) After section 77(3) of the Road Safety Act 1986 insert— "(3A) If proceedings are taken by a person referred to in subsection (2)(db), the proceedings may be conducted before the court by any employee in the Department of Infrastructure.". 74 Service of parking infringement notices (1) In section 87(1) of the Road Safety Act 1986 after "section 77(2)" insert "(other than a person referred to in paragraph (db) of that subsection)". 90 -- 96 of 104 -- Part 5—Amendments to Other Acts Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 75 (2) For section 87(1AD) of the Road Safety Act 1986 substitute— "(1AD) If an authorised officer within the meaning of section 208 of the Transport Act 1983 (as authorised under section 221AB of that Act) has reason to believe that a parking infringement has been committed in respect of any vehicle that is on or in a park and ride facility, the person may serve or cause to be served, in accordance with the regulations, a parking infringement notice.". Division 5—Terrorism (Community Protection) Act 2003 75 New section 27A inserted After section 27 of the Terrorism (Community Protection) Act 2003 insert— See: Act No. 7/2003. Reprint No. 1 as at 9 March 2006 and amending Act Nos 30/2006, 48/2006 and 28/2007. LawToday: www. legislation. vic.gov.au "27A Delegation (1) A relevant Minister, by instrument, may delegate to a relevant public service officer his or her functions or powers under this Part other than— (a) this power of delegation; or (b) a function or power conferred on the relevant Minister under section 28(1), 31(f), 36 or 37. (2) In subsection (1)— relevant public service officer means— (a) a non-executive employee (within the meaning of the Public Administration Act 2004) who is employed as a non-executive employee Grade 6 or Senior Technical Specialist; or 91 -- 97 of 104 -- Part 5—Amendments to Other Acts Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 76 (b) an executive (within the meaning of the Public Administration Act 2004).". 76 Reference to relevant Minister In section 33(1) of the Terrorism (Community Protection) Act 2003, for "Minister" (where first occurring) substitute "relevant Minister". Division 6—Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 77 Reference to Division In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, for "After Division 3 of Part VI" substitute "Before Division 5 of Part VI". See: Act No. 71/2006. Statute Book: www. legislation. vic.gov.au 78 Definition of taxi-cab network service In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, in proposed section 130A(1) of the Transport Act 1983, for the definition of taxi- cab network service substitute— "taxi-cab network service means— (a) the receipt and dispatch of bookings or orders for the hiring of taxi-cabs; or (b) the provision for taxi-cabs of a central communications system— and includes the provision by or on behalf of a provider of a service of a kind referred to in paragraph (a) or (b) of all or any of the following— (c) a global positioning system for taxi- cabs; 92 -- 98 of 104 -- Part 5—Amendments to Other Acts Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 79 (d) maintenance of information management systems in relation to the hiring, and bookings and orders for the hiring, of taxi-cabs; (e) brand identification for taxi-cabs; (f) support services for taxi-cab operators and drivers; (g) maintenance of a system for receiving and handling customer complaints relating to the hiring, and bookings and orders for the hiring, of taxi-cabs; (h) taxi-cab driver training;". 79 Duration of accreditation (1) In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, in proposed section 132C of the Transport Act 1983, for "An accreditation" substitute "Subject to subsection (2), an accreditation". (2) In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, at the end of proposed section 132C of the Transport Act 1983 insert— "(2) If an application for renewal of an accreditation is made before the expiry of the period specified in the certificate of accreditation, the licensing authority may determine to extend the period of operation of the accreditation. (3) If the licensing authority makes a determination under subsection (2), the accreditation (unless it is sooner cancelled or surrendered) remains in force until— (a) the expiry of the period specified in the certificate of accreditation; or 93 -- 99 of 104 -- Part 5—Amendments to Other Acts Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 80 (b) 7 days after the licensing authority gives the applicant notice of its decision on the application for renewal of the accreditation— whichever is the later.". 80 Conditions and standards affecting accreditation (1) In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, in proposed section 133(3) of the Transport Act 1983, after "regulations" insert "as in force from time to time". (2) In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, after proposed section 133C(4) of the Transport Act 1983 insert— "(5) A business or service standard may apply to an accreditation in force at the time the standard is determined or in force at any time after that.". 81 Effect of suspension of accreditation In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, in the heading to proposed section 135D of the Transport Act 1983, omit "on licence". 82 Regulations In section 3 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, in proposed section 137E(1)(b) of the Transport Act 1983, before "from the requirement" insert ", or all providers of taxi-cab network services". 94 -- 100 of 104 -- Part 5—Amendments to Other Acts Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 83 83 Effect on taxi-cab licences of certain outcomes In section 11 of the Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, in proposed section 156A of the Transport Act 1983— (a) in the heading to the section for "outcomes under Division 4" substitute "certain outcomes"; (b) in subsection (1)— (i) after "that Division" insert "or under section 272(5)"; and (ii) before "surrendered" insert "is"; and (iii) after "section 137B" insert "or expires without being renewed"; and (iv) in paragraph (b) after "surrender" insert "or expiry of accreditation"; (c) in subsection (5)— (i) after "that Division" insert "or under section 272(5)"; and (ii) before "surrendered" insert "is"; and (iii) after "section 137B" insert "or expires without being renewed"; and (iv) in paragraph (c), after "surrender" insert "or expiry of accreditation". 95 -- 101 of 104 -- Part 5—Amendments to Other Acts Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 84 Division 7—Amendment to Victims of Crime Assistance Act 1996 84 Transport Act entitlement to be taken into account After section 16(ab) of the Victims of Crime Assistance Act 1996 insert— See: Act No. 81/1996. Reprint No. 4 as at 1 December 2006 and amending Act Nos 23/2006, 48/2006 and 9/2007. LawToday: www. legislation. vic.gov.au "(ac) must take into account and reduce the amount by any amount of financial assistance that the applicant has been awarded or is eligible to be awarded under section 12 of the Transport Act 1983 in relation to the incident to which the application relates; and". __________________ 96 -- 102 of 104 -- Part 6—Expiry of Act Transport Legislation Amendment Act 2007 No. 69 of 2007 s. 85 PART 6—EXPIRY OF ACT 85 Expiry of Act This Act expires on 1 July 2011. ═══════════════ 97 -- 103 of 104 -- Transport Legislation Amendment Act 2007 No. 69 of 2007 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 20 September 2007 Legislative Council: 11 October 2007 The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Act 1983, the Public Transport Competition Act 1995, the Rail Safety Act 2006 and other Acts and for other purposes." 98 -- 104 of 104 --