Transport Legislation (Further Amendment) Act 2006

i Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENT OF THE TRANSPORT ACT 1983 4 3. Functions and powers of Director 4 4. New section 9AD inserted 4 9AD. Director's powers in relation to land 4 5. Compulsory acquisition of land 5 6. New section 9AAB inserted 5 9AAB. Easements 5 7. New section 9BA inserted 6 9BA. Recording of dealings 6 8. Definitions 7 9. Fee for driver's certificate 9 10. Repeal of requirement for driver's certificate—commercial passenger vehicles 9 11. Amendment of section 157 consequent on repeal of driver's certificate 9 12. Repeal of certain offences—sections 157A and 157B 9 13. Amendment of section 162 consequent on repeal of driver's certificate 10 14. Insertion of new Division 6 in Part VI 10 Division 6—Driver Accreditation—Commercial Passenger Vehicles and Private Bus Services 10 163. Interpretation 10 164. Public care objective 12 165. Offence to drive certain vehicles without accreditation 13 166. Director's power to accredit persons 14 167. Tests, qualifications and other requirements 14 168. Term and renewal of accreditation 16 169. Matters to be considered by the Director when issuing or renewing an accreditation 16 -- 1 of 99 -- Section Page ii 169A. Imposition of conditions on accreditation 18 169B. Offence to fail to comply with conditions 19 169C. Disqualification by Director from ability to apply for accreditation 19 169D. Certificate of accreditation 21 169E. Mandatory cancellation in certain circumstances 22 169F. Powers of the Director to consider disciplinary action 22 169G. Notice to holder of accreditation 23 169H. Submissions to Director 23 169I. Actions Director may take after consideration 24 169J. Notice of Director's decision 25 169K. Interim suspension of accreditation 25 169L. Re-instatement of accreditation 26 169M. Compensation for lost income during suspension 26 169N. Jurisdiction of VCAT as to category 1 offenders 27 169O. Review of decision by VCAT 28 169P. Time period for making application for review 29 169Q. Offence not to sign certificate on receipt 29 169R. Offence not to notify of change of address 30 169S. Offence not to notify of suspension or cancellation of accreditation 30 169T. Offence not to notify of being charged with, or found guilty of, a disqualifying offence 30 169U. Offence to retain illegible certificate 31 169V. Offence to retain certificate if accreditation suspended or cancelled 31 169W. Offence not to carry certificate when driving 32 169X. Offence not to produce certificate when asked 32 169Y. Power of Director to determine fees 32 169Z. Regulations 33 15. Section 218B amended 35 16. Director to authorise Departmental authorised officers 35 17. Director to authorise other authorised officers 35 18. Insertion of new section 227A 36 227A. Power of court to require attendance at approved public transport education program 36 19. New sections 228AA and 228AB inserted 37 228AA. Objective 37 228AB. Definition 37 20. Application for accreditation 38 21. Considerations as to and issue and renewal of accreditation by Director 39 22. New offence inserted 39 228DB. Offence to employ or engage authorised officer without accreditation under this Division 39 -- 2 of 99 -- Section Page iii 23. Substitution of section 228H 40 228H. Notifications 40 24. Audit of certain books and records of accredited companies 41 25. Application for renewal of accreditation 43 26. Renewal of accreditation 44 27. Director not liable for giving accreditation 45 28. Supervision of accredited companies 45 29. Substitution of section 228Q 46 228Q. Effect of suspension, cancellation or failure to renew 46 30. Insertion of new Division 5 in Part VIII 47 Division 5—Transitional provisions—Transport Legislation (Further Amendment) Act 2006 47 268. Definitions 47 269. Old certificates deemed to be accreditations 48 270. Saving of accreditations granted by Secretary 49 271. Saving of agreements etc. 50 31. Further amendment of Transport Act 1983 51 PART 3—AMENDMENT OF OTHER ACTS 52 32. Insertion of new sections 13G to 13I 52 13G. Powers to enter land to construct or maintain works 52 13H. Obligations in relation to entry onto land 53 13I. Rail Track to pay compensation 53 33. Amendment of the Transport Legislation (Further Miscellaneous Amendments) Act 2005 54 34. Offences against officers 55 35. Amendment of the Public Transport Competition Act 1995 55 36. Consequential amendments to the Public Transport Competition Act 1995 55 37. Powers of V/Line—Amendment of the Rail Corporations Act 1996 56 38. Change of reference to Secretary 56 PART 4—AMENDMENT OF RAIL SAFETY RELATED LEGISLATION 57 Division 1—Amendments to Rail Safety Act 2006 57 39. Amendment of commencement provision 57 40. New definition of "interface co-ordination plan" substituted 57 41. New section 28A inserted 58 28A. Provision of access to SMS to Safety Director or transport safety officer 58 42. Emergency planning 58 -- 3 of 99 -- Section Page iv 43. New section 62A inserted 59 62A. Co-ordination between Safety Director and corresponding Rail Safety Regulator 59 44. Reviewable decisions 61 45. Regulation making powers 61 46. New definitions to be inserted into Transport Act 1983 63 47. Transport safety officers 63 48. Self-incrimination 64 49. Review decisions 65 50. New definition inserted 66 51. Offences by bodies corporate, officers of bodies corporate, partnerships etc. 66 52. New Division 4 of Part 11 substituted 66 Division 4—Savings and Transitional Provisions 66 163. Definitions 66 164. General transitional provision 69 165. Savings and transitional regulations 69 166. Declaration Order in relation to tourist and heritage operation and railways 69 167. Orders and approvals relating to alcohol and other drug controls under the Transport Act 1983 70 168. Authorities for the purposes of Part 6 70 169. Specified procedures for carrying out assessment of drug impairment 71 170. Existing applications for accreditation 72 171. Review of decisions in relation to applications of accreditation transitioned under this Division 74 172. Existing accreditations deemed to be accreditations under this Act 75 173. Expiry of transitional accreditations and post new scheme accreditations 76 174. Conditions and restrictions of transitional accreditations may be varied in accordance with Division 4 of Part 5 76 175. Transitional accreditations may be surrendered 76 176. Existing application for changes of conditions or restrictions of accreditation 77 177. Change of conditions or restrictions on accreditation on initiative of Secretary 78 178. Compliance with certain provisions not required while accreditations under Division are in force 78 179. Accreditations transitioned under Division not Part 5 accreditations for purposes of section 65 79 180. Private sidings 79 -- 4 of 99 -- Section Page v 181. References to Secretary in transitional accreditations to be read as references to Safety Director 79 182. Codes of Practice 80 53. Statute law revision 80 Division 2—Infringement Related Amendments to Transport Act 1983 80 54. Definitions 80 55. Repeal of redundant provision 80 56. Safety work infringements 81 57. Effect of safety work infringement 81 58. Extension of time to object if no actual notice 81 59. Proof of prior convictions 81 60. Graffiti clean-up programs 81 Division 3—Rail Safety Related Transitional Amendment to Transport Act 1983 82 61. New section 246CAA inserted 82 246CAA. Rail Safety Act 2006—Authorised officers for drug and alcohol testing 82 __________________ SCHEDULES 83 SCHEDULE 1—Consequential Amendment of Transport Act 1983 83 SCHEDULE 2—Consequential Amendment of Public Transport Competition Act 1995 92 ═══════════════ ENDNOTES 94 -- 5 of 99 -- 1 Transport Legislation (Further Amendment) Act 2006 † [Assented to 25 July 2006] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are to— (a) amend the Transport Act 1983— (i) to provide for the accreditation of drivers of commercial passenger vehicles and private bus services; and Victoria No. 47 of 2006 -- 6 of 99 -- Part 1—Preliminary Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 2 (ii) to provide for approved public transport education programs; and (iii) to make further provision for the accrediting of transport companies that engage authorised officers; and (iv) to make further provision for the Director's powers, particularly as to dealings in land; and (v) to make provision for other matters; and (b) to amend the Rail Corporations Act 1996 with respect to the powers of Rail Track and to make other minor amendments to that Act; and (c) to make miscellaneous and minor, and transitional related, amendments to the Rail Safety Act 2006; (d) to make further amendments to the Transport Legislation (Further Miscellaneous Amendments) Act 2005 and the Public Transport Competition Act 1995. 2. Commencement (1) Section 1, this section and sections 3, 4, 5, 6, 7, 15, 30, 33(1), (2), (3), (4) and (5), 34, 36 and 37 and Division 1 of Part 4 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 38 comes into operation on the same day as the day on which section 155 of the Rail Safety Act 2006 comes into operation. (3) Division 2 of Part 4 comes into operation on the same day as the day on which section 119 of the Rail Safety Act 2006 comes into operation. s. 2 -- 7 of 99 -- Part 1—Preliminary Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 3 (4) Division 3 of Part 4 comes into operation on the same day as the day on which section 125 of the Rail Safety Act 2006 comes into operation. (5) Subject to sub-sections (6) and (7), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (6) If a provision referred to in sub-section (5), other than sections 8, 9, 10, 11, 12, 13 and 14 does not come into operation before 1 January 2007, it comes into operation on that day. (7) If section 8, 9, 10, 11, 12, 13 or 14 does not come into operation before 1 August 2008, it comes into operation on that day. __________________ s. 2 -- 8 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 4 PART 2—AMENDMENT OF THE TRANSPORT ACT 1983 3. Functions and powers of Director (1) In section 9(2)(a) of the Transport Act 1983 omit "real or". (2) In section 9(3) of the Transport Act 1983 after "Director" (where first occurring) insert ", on behalf of the Crown,". (3) For section 9(7) of the Transport Act 1983 substitute— "(7) The Director may, by instrument, delegate to a person by name or to the holder of an office any power of the Director other than this power of delegation.". 4. New section 9AD inserted Before section 9A of the Transport Act 1983 insert— '9AD. Director's powers in relation to land (1) The Director may, on behalf of the Crown— (a) acquire, hold or dispose of land; and (b) otherwise deal with any land held by the Director. (2) Any acquisition (including any compulsory acquisition under section 9A) or disposition of or other dealing with land by the Director on behalf of the Crown must be made in the name of "Director of Public Transport". See: Act No. 9921. Reprint No. 11 as at 1 March 2006 and amending Act Nos 95/2005, 97/2005, 9/2006 and 10/2006. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 9 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 5 (3) Without limiting sub-section (1), the Director may, on behalf of the Crown, dispose of or otherwise deal with land that is held by the Director and was acquired under this Act in the name of "Director of Public Transport" by any person who previously held, acted in or performed the duties of, the office of Director.'. 5. Compulsory acquisition of land In section 9A of the Transport Act 1983— (a) in the heading to the section for "Acquisition" substitute "Compulsory acquisition"; and (b) in sub-section (1) omit "purchase or"; and (c) sub-sections (5), (6) and (7) are repealed. 6. New section 9AAB inserted After section 9A of the Transport Act 1983 insert— "9AAB. Easements (1) If any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by the Director on behalf of the Crown, it is deemed for all purposes to be an easement even though there is no land vested in or held by the Director on behalf of the Crown that is in fact benefited or capable of being benefited by that right. (2) If by or under this Act any private right of way or easement is extinguished or any easement is acquired by the Director on behalf of the Crown— s. 5 -- 10 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 6 (a) the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and (b) the holder of any relevant certificate of title must deliver it to the Registrar of Titles. (3) Sub-section (2) does not apply to an easement acquired compulsorily by the Director on behalf of the Crown.". 7. New section 9BA inserted After section 9B of the Transport Act 1983 insert— '9BA. Recording of dealings (1) If the Director acquires any land on behalf of the Crown, any recording in the Register by the Registrar of Titles of the acquisition must be made in the name of "Director of Public Transport" as registered proprietor. (2) If the Director, on behalf of the Crown, disposes of or otherwise deals with any land held in the name of "Director of Public Transport", any recording in the Register by the Registrar of Titles of the disposition or dealing must be made in the name of "Director of Public Transport". (3) If the Director, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land, the Registrar must make any recording in relation to that dealing in the name of "Director of Public Transport". (4) To avoid doubt, land acquired in fee simple by the Director on behalf of the Crown is Crown land. s. 7 -- 11 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 7 (5) Despite sub-section (4) and anything to the contrary in the Land Act 1958 or the Transfer of Land Act 1958, if land acquired by the Director on behalf of the Crown— (a) is under the operation of the Transfer of Land Act 1958, it remains under the operation of that Act; and (b) is not under the operation of the Transfer of Land Act 1958, it may be brought under the operation of that Act.'. 8. Definitions In section 86(1) of the Transport Act 1983— (a) insert the following definitions— ' "category 1 offence" means— (a) an offence against the Crimes Act 1958 that involves sexual penetration (within the meaning given by section 35(1) of the Crimes Act 1958); or (b) an offence against a provision of the Crimes Act 1958 amended or repealed before the commencement of section 8 of the Transport Legislation (Further Amendment) Act 2006 of which the necessary elements at the time it was committed consisted of elements that constitute an offence referred to in paragraph (a); or (c) an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991, if the victim of the offence was a child or a person with a cognitive impairment, that is not s. 8 -- 12 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 8 an offence referred to in paragraph (a) or (b); or (d) an offence specified in clause 3 of Schedule 1 to the Sentencing Act 1991; or (e) a child pornography offence within the meaning of the Working with Children Act 2005; or (f) an offence within the meaning of Division 101 of the Criminal Code Act 1995 of the Commonwealth; "category 2 offence" means— (a) an offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991 that is not an offence referred to in paragraph (a), (b) or (c) of the definition of "category 1 offence"; or (b) an offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 that is not an offence specified in clause 3 of that Schedule; or (c) an offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991; or (d) an offence involving fraud or dishonesty; "category 3 offence" means a criminal offence that is not a category 1 offence or a category 2 offence; "disqualifying offence" means a category 1 offence, a category 2 offence or a category 3 offence; s. 8 -- 13 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 9 "drive", in relation to a vehicle, includes being in control of the vehicle; "driver accreditation" means an accreditation under section 165; "private bus service" has the same meaning as it has in the Public Transport Competition Act 1995;'; (b) for the definition of "Director" substitute— ' "director" has the same meaning as it has in section 9 of the Corporations Act;'. 9. Fee for driver's certificate In section 147B(1)(a) of the Transport Act 1983, omit "156(1A),". 10. Repeal of requirement for driver's certificate— commercial passenger vehicles Section 156 of the Transport Act 1983 is repealed. 11. Amendment of section 157 consequent on repeal of driver's certificate (1) In sections 157(1) and (2) of the Transport Act 1983, for "licence, permit or certificate" (wherever occurring) substitute "licence or permit". (2) Section 157(2A), section 157(2B) and section 157(2C) of the Transport Act 1983 are repealed. (3) Section 157(5) and section 157(6) of the Transport Act 1983 are repealed. 12. Repeal of certain offences—sections 157A and 157B Sections 157A and 157B of the Transport Act 1983 are repealed. s. 9 -- 14 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 10 13. Amendment of section 162 consequent on repeal of driver's certificate In section 162(1) of the Transport Act 1983— (a) paragraph (g) is repealed; (b) in paragraph (h), for "licences, permits and certificates" substitute "licences or permits"; (c) in paragraph (i), for "licences, permits or certificates" substitute "licences or permits". 14. Insertion of new Division 6 in Part VI After Division 5 of Part VI of the Transport Act 1983 insert— 'Division 6—Driver Accreditation— Commercial Passenger Vehicles and Private Bus Services 163. Interpretation (1) In this Division, a reference to a person who has been found guilty of an offence is a reference to a person— (a) against whom a court has made a formal finding that he or she is guilty of the offence; or (b) from whom a court has accepted a plea that he or she is guilty of the offence; or (c) from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that he or she has committed the offence, or from whom a similar admission has been accepted under equivalent provisions of the laws of a jurisdiction other than Victoria; or s. 13 -- 15 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 11 (d) against whom a finding has been made under— (i) section 17(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she was not guilty of the offence because of mental impairment; or (ii) under section 17(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she committed the offence— or against whom a similar finding has been made under equivalent provisions of the laws of a jurisdiction other than Victoria— being an admission, plea or finding that has not been subsequently quashed or set aside by a court. (2) In this Division, a reference to a person who has been charged with an offence is a reference to a person— (a) against whom a presentment has been made or an indictment has been laid for the offence; or (b) against whom a charge has been filed for the offence, whether or not— (i) a summons to answer to the charge; or (ii) a warrant to arrest the person— has been issued or served. s. 14 -- 16 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 12 (3) In this Division, a reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally dealt with by— (a) being withdrawn or by the entering of a nolle prosequi; or (b) the charge having been dismissed by a court; or (c) the person against whom the charge has been laid having been discharged by a court following a committal hearing; or (d) the person against whom the charge has been laid having been acquitted or found guilty of the offence that was the subject of the charge by a court; or (e) any other prescribed means. 164. Public care objective (1) The public care objective is the objective that the services provided by drivers of commercial passenger vehicles and vehicles used for the operation of private bus services— (a) be provided— (i) with safety; and (ii) with comfort, amenity and convenience— to persons using the services and to other persons, particularly children and other vulnerable persons; and (b) be carried out in a manner that is not fraudulent or dishonest. Note: Other vulnerable persons include elderly and disabled persons. s. 14 -- 17 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 13 (2) In this Division, a reference to the public care objective is a reference to the objective set out in sub-section (1). 165. Offence to drive certain vehicles without accreditation (1) A person must not drive— (a) a commercial passenger vehicle; or (b) a vehicle being used for the operation of a private bus service— unless that person holds a driver accreditation. Penalty: 60 penalty units. (2) Sub-section (1)(a) does not apply to a person who is driving a commercial passenger vehicle, if there is no passenger being carried in the vehicle for hire or reward and the person is driving the vehicle— (a) to test the vehicle; or (b) as a trainee driver under instruction. (3) Sub-section (1)(b) does not apply to a person who is driving a vehicle that is used for the operation of a private bus service— (a) to test the vehicle; or (b) as a trainee driver under instruction. (4) Despite anything to the contrary in this section, it is not necessary for a driver of a commercial passenger vehicle to hold a driver accreditation if— (a) he or she is driving a vehicle that is permitted by the laws of another State or Territory to operate as the equivalent of a commercial passenger vehicle; and s. 14 -- 18 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 14 (b) he or she is driving the vehicle in Victoria in any of the circumstances set out in section 139(1B). 166. Director's power to accredit persons (1) The Director may accredit a person to drive— (a) a commercial passenger vehicle; or (b) a vehicle being used for the operation of a private bus service. (2) A person may apply to the Director for the issue of a driver accreditation. (3) An application under sub-section (2) must be— (a) in the form approved by the Director; and (b) accompanied by any information or thing required by the Director; and (c) accompanied by the fee (if any) for the application determined by the Director. 167. Tests, qualifications and other requirements (1) The Director may require an applicant for a driver accreditation to pass any test and hold any qualification specified by the Director for the specified class of vehicle to which the accreditation applies that relates to and includes the following— (a) the applicant's fitness to drive a vehicle; (b) the applicant's medical condition; s. 14 -- 19 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 15 (c) the applicant's knowledge of the names and location of significant streets and places in Melbourne or any other area relevant to the specified class of vehicle; (d) the applicant's knowledge and use of the English language; (e) the applicant's knowledge and skills relating to customer service in the field of commercial passenger transport and private bus services. (2) The Director may require an applicant for a driver accreditation to— (a) give the Director a certificate from a prescribed class of person stating that the applicant is not suffering from any condition which would prevent him or her from driving a vehicle; and (b) give the Director a certificate stating that he or she has passed a prescribed vision acuteness test; and (c) be photographed, or have a digitised image of the applicant made, at a place and in a manner specified by the Director; and (d) give the Director 3 recent colour passport size photographs of the applicant showing his or her head and full face only; and (e) give the Director a specimen signature at a place and in a manner specified by the Director. s. 14 -- 20 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 16 168. Term and renewal of accreditation (1) A driver accreditation remains in force for the period specified in the accreditation, which must not be more than 3 years. (2) The holder of a driver accreditation may apply to the Director for renewal of the accreditation. (3) An application under sub-section (2) must be— (a) made before the expiry of the accreditation; and (b) in the form approved by the Director; and (c) accompanied by any information or thing required by the Director; and (d) accompanied by the fee (if any) for the application determined by the Director. (4) Despite sub-section (3)(a), the Director may accept an application that has been made after the expiry of the accreditation if the applicant pays the additional fee (if any) that is determined by the Director for the lodgement of late applications. 169. Matters to be considered by the Director when issuing or renewing an accreditation (1) If sub-section (2), (3) or (4) does not apply to an applicant for the issue or renewal of a driver accreditation, the Director may grant the application if the Director is satisfied— (a) that the issuing of accreditation is appropriate having regard to the public care objective; and s. 14 -- 21 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 17 (b) that the applicant— (i) is technically competent and sufficiently fit and healthy to be able to provide the service; and (ii) is suitable in other respects to provide the service; and (c) that the applicant has complied with the application requirements under this Division. (2) The Director must not issue or renew a driver accreditation if the Director is aware that the applicant— (a) does not hold— (i) a driver licence under the Road Safety Act 1986; or (ii) a probationary driver licence under the Road Safety Act 1986, where the applicant has also satisfied the Director that he or she is competent to provide the service because he or she has relevant experience or is a person to whom other special circumstances apply; or (b) has been found guilty of a category 1 offence; or (c) is a person who is subject to— (i) reporting obligations referred to in section 12(1)(a) of the Working with Children Act 2005; or (ii) an order referred to in section 12(1)(b) of the Working with Children Act 2005. s. 14 -- 22 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 18 (3) The Director must not issue or renew a driver accreditation if the Director is aware that the applicant has been found guilty of a category 2 offence unless the Director is satisfied that the applicant has demonstrated that the issue or renewal of accreditation is appropriate having regard to the public care objective. (4) The Director may refuse to issue or renew a driver accreditation if the Director is aware that the applicant— (a) has been found guilty of a category 3 offence; or (b) is the subject to a charge for a disqualifying offence that has not been finally disposed of at the time of considering the application. (5) In making a decision under sub-section (3) or (4), the Director may have regard to any matter to which a consideration in section 169C(3)(b) would apply. (6) The Director must not make a decision under sub-section (3) or (4) to issue or renew an accreditation unless the Director is satisfied of the matters set out in sub-section (1)(a) to (c). 169A. Imposition of conditions on accreditation (1) The Director may impose conditions on a driver accreditation either— (a) on issuing or renewing the accreditation; or (b) at any time during the course of an accreditation. s. 14 -- 23 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 19 (2) In considering whether or not to impose conditions on an accreditation, the Director must have regard to the public care objective. (3) Nothing in the regulations is to be taken to limit the power of the Director to impose conditions under this section. 169B. Offence to fail to comply with conditions The holder of an accreditation under this Division must comply with any conditions imposed by the Director on the accreditation under section 169A. Penalty: 10 penalty units. 169C. Disqualification by Director from ability to apply for accreditation (1) If the Director has refused the application for the issue or renewal of the accreditation the Director may determine that the applicant is disqualified from applying for accreditation under this Division for the period determined by the Director. (2) The period determined by the Director under sub-section (1) must not exceed 5 years. (3) In making a determination under sub- section (1), the Director must have regard to— (a) the public care objective; and (b) if the applicant has been found guilty of a category 1 offence— (i) the nature and gravity of the offence and its relevance to the service to be provided by the applicant; and s. 14 -- 24 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 20 (ii) the period of time since the applicant committed the offence; and (iii) whether a finding of guilt or conviction was recorded; and (iv) the sentence imposed for the offence; and (v) the age of the applicant when the offence was committed; and (vi) in relation to any sexual offence, the age of any victim; and (vii) whether or not the conduct that constituted the offence has been decriminalised since the offence was committed; and (viii) the applicant's behaviour since committing the offence; and (ix) the likelihood of the applicant committing another such offence in the future, in particular, any future threat to a child or other vulnerable person; and (x) any information given by the applicant; and (xi) any other matter the Director considers relevant. (4) A person who has been disqualified under this section is not entitled to make a further application for the issue of accreditation until the period determined by the Director has elapsed unless, since the date of disqualification, there has been a relevant change in circumstances. s. 14 -- 25 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 21 (5) For the purposes of sub-section (4), a "relevant change in circumstances" includes where— (a) a charge that the person was subject to, that was pending at the date of the disqualification, is finally dealt with, without the person being found guilty of the offence; or (b) a finding of guilt of the person is quashed or set aside by a court after the date of the disqualification; or (c) the person ceases to be subject to reporting obligations referred to in section 12(1)(a) of the Working with Children Act 2005; or (d) the person ceases to be subject to an order referred to in section 12(1)(b) of the Working with Children Act 2005; or (e) a finding on which the decision to disqualify the person under sub- section (1) was based is quashed or set aside after the date of the disqualification. 169D. Certificate of accreditation On issuing or renewing a driver accreditation the Director must issue a certificate of accreditation that— (a) is in the form approved by the Director; and s. 14 -- 26 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 22 (b) sets out— (i) the name of the holder of the accreditation; and (ii) the type of vehicle the holder is accredited to drive; and (iii) any conditions to which the accreditation is subject. 169E. Mandatory cancellation in certain circumstances If the holder of a driver accreditation has been found guilty of a category 1 offence or becomes subject to the reporting obligations, or an order, referred to in section 169(2)(c), the Director must cancel that person's accreditation. 169F. Powers of the Director to consider disciplinary action If the Director is satisfied that there are reasonable grounds for believing that the holder of a driver accreditation— (a) has been found guilty of a category 2 offence or a category 3 offence or is subject to a charge for a disqualifying offence that has not been finally disposed of; or (b) has failed to comply with a condition of the accreditation; or (c) would no longer satisfy any one or more of the matters set out in section 169(1)(a) or (b)— the Director may consider taking action under section 169I(1). s. 14 -- 27 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 23 169G. Notice to holder of accreditation Before taking action under section 169I(1) the Director must give to the holder a notice— (a) stating that the Director is satisfied that there are grounds for taking action under section 169I(1); and (b) setting out those grounds; and (c) specifying that the holder may make a written submission under section 169H and setting out the date by which the submission must be made under section 169H(2). 169H. Submissions to Director (1) A person who has received a notice from the Director— (a) under section 169G; or (b) in any case where the Director has suspended an accreditation under section 169K, a notice under section 169K(3)— may make a written submission to the Director as to the matters set out in the notice. (2) A submission under this section must be received by the Director— (a) in the case where the Director has suspended the accreditation of the person under section 169K, no later than 14 days after the day on which the person received the notice under section 169G or if a later date has been specified by the Director in the notice, that date; or s. 14 -- 28 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 24 (b) in any other case, no later than 28 days after the day on which the person received the notice under section 169G or if a later date has been specified by the Director in the notice, that date. 169I. Actions Director may take after consideration (1) If, after considering all the material available, the Director is of the opinion that the ground on which the Director considered taking action has been established, the Director may decide to take one or more of the following actions— (a) reprimand the holder of the accreditation; (b) warn the holder of the accreditation that more serious action may be taken in the future if the holder repeats the behaviour; (c) impose a further condition on the accreditation; (d) suspend the accreditation for a specified period or until a specified event occurs; (e) cancel the accreditation; (f) disqualify the holder of the accreditation from being accredited or applying for accreditation for a specified period not exceeding 5 years. (2) In making a decision under sub-section (1), if the holder of the accreditation is alleged to have committed a disqualifying offence, the Director must have regard to any matter to which a consideration in section 169C(3)(b) would apply. s. 14 -- 29 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 25 169J. Notice of Director's decision On making a decision under section 169I(1), the Director must notify the holder of the accreditation, in writing, of the decision and of the reasons for the decision. 169K. Interim suspension of accreditation (1) On making a decision under section 169F to consider taking action under section 169I, the Director may suspend the driver accreditation of the person in respect of whom the decision is made, if the Director is satisfied that it is necessary to do so, having regard to the public care objective. (2) The Director, on being satisfied that the holder of a driver accreditation— (a) has been charged with a category 1 offence and the charge has not been finally disposed of, must suspend the driver accreditation; or (b) has been charged with a category 2 offence or a category 3 offence and the charge has not been finally disposed of, may suspend the driver accreditation. (3) The Director must serve notice of a suspension under this section of a driver accreditation on the holder of the accreditation. (4) A notice under sub-section (3) must set out the reasons for the suspension. (5) A suspension under sub-section (1) remains in force— (a) until the Director has made a decision as to the action to be taken under section 169I; or s. 14 -- 30 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 26 (b) until the Director re-instates the accreditation— whichever is the earlier. (6) A suspension under sub-section (2) remains in force— (a) until the charge is finally disposed of; or (b) until the Director re-instates the accreditation— whichever is the earlier. 169L. Re-instatement of accreditation If the Director has suspended the driver accreditation of a person under section 169I or 169K pending the hearing of a charge for a disqualifying offence, and the person is not found guilty of the offence, the Director must re-instate the accreditation of the person. 169M. Compensation for lost income during suspension (1) The holder of a driver accreditation to whom section 169L applies may apply to the Director for a determination of compensation for any income lost during the period of suspension. (2) An application under sub-section (1) must be— (a) in writing; and (b) in the form approved by the Director; and (c) accompanied by any information or thing required by the Director. s. 14 -- 31 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 27 (3) On receiving an application under sub- section (1), the Director may determine the amount of compensation to which the holder of the accreditation is entitled. (4) An amount determined by the Director under sub-section (3) may be recovered as a debt owed by the Crown to the holder of the accreditation. 169N. Jurisdiction of VCAT as to category 1 offenders (1) A person— (a) whose application for the issue or renewal of a driver accreditation is refused on a ground set out in section 169(2)(b) or (c); or (b) whose driver accreditation is cancelled under section 169E— may apply to VCAT for an order that the Director issue, renew or reinstate the driver accreditation (as the case may be). (2) On an application under sub-section (1) VCAT may by order direct the Director to— (a) issue a driver accreditation to the applicant; or (b) renew the driver accreditation of the applicant; or (c) reinstate the driver accreditation of the applicant. (3) VCAT must not make an order under sub- section (2) to issue, renew or reinstate an accreditation unless— (a) VCAT is satisfied of the matters set out in section 169(1)(b); and s. 14 -- 32 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 28 (b) the applicant has demonstrated that the issue, renewal or reinstatement is appropriate having regard to the public care objective. (4) In making an order under sub-section (2) in a matter involving a category 1 offence VCAT may have regard to any matter to which a consideration in section 169C(3)(b) would apply. (5) The Director must comply with an order made by VCAT under this section. 169O. Review of decision by VCAT (1) A person, who is affected by the relevant decision, may apply to VCAT for a review of— (a) a decision of the Director to refuse to issue or renew an accreditation under this Division; or (b) a decision of the Director to suspend or cancel an accreditation under this Division; or (c) a decision of the Director to impose a condition on an accreditation under this Division. (2) To avoid doubt, sub-section (1) does not apply to a refusal of the Director to issue or renew a driver accreditation or to a cancellation of a driver accreditation in the circumstances in which section 169N(1) applies. (3) VCAT must not make a decision under sub- section (1) unless VCAT is satisfied that the decision is appropriate having regard to the public care objective. s. 14 -- 33 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 29 (4) VCAT must not make a decision under this section to issue, renew or reinstate an accreditation unless VCAT is satisfied of the matters set out in section 169(1)(b). (5) In making a decision under this section on a matter involving a disqualifying offence VCAT may have regard to any matter to which a consideration in section 169C(3)(b) would apply. 169P. Time period for making application for review (1) An application to VCAT for an order under section 169N must be made within 28 days of the refusal of the application for driver accreditation or the cancellation of the driver accreditation (as the case requires). (2) An application for review under section 169O must be made within 28 days of the later of— (a) the day on which the decision was made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. 169Q. Offence not to sign certificate on receipt The holder of a driver accreditation, on receiving a certificate of accreditation under section 169D, must sign the certificate. Penalty: 5 penalty units. s. 14 -- 34 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 30 169R. Offence not to notify of change of address The holder of a driver accreditation must notify the Director of any change of his or her residential address within 7 days of changing that address. Penalty: 5 penalty units. 169S. Offence not to notify of suspension or cancellation of accreditation If the holder of a driver accreditation is employed or engaged by a person who holds a licence or accreditation to operate a vehicle as a commercial passenger vehicle under Division 5, the holder of the driver accreditation must notify the holder of the licence or accreditation of any suspension or cancellation of his or her driver accreditation within 28 days of receiving notice of the suspension or cancellation. Penalty: 5 penalty units. 169T. Offence not to notify of being charged with, or found guilty of, a disqualifying offence (1) If the holder of a driver accreditation is charged with, or found guilty of, a disqualifying offence the holder must notify the Director of the charge or the finding of guilt within 28 days of the holder being so charged or found guilty. Penalty: 5 penalty units. s. 14 -- 35 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 31 (2) If the holder of a driver accreditation becomes subject to— (a) the reporting obligations; or (b) an order— referred to in section 169(2)(c), the holder must notify the Director of the obligation or order within 28 days of the holder becoming so subject. Penalty: 5 penalty units. 169U. Offence to retain illegible certificate If the certificate of accreditation of the holder of a driver accreditation becomes illegible or is altered or defaced, the holder must return the certificate to the Director and apply for the issue of a replacement certificate. Penalty: 5 penalty units. 169V. Offence to retain certificate if accreditation suspended or cancelled If the accreditation of the holder of a driver accreditation is suspended or cancelled, the holder must return his or her certificate of accreditation to the Director within 28 days of receiving notice of the suspension or cancellation. Penalty: 5 penalty units. s. 14 -- 36 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 32 169W. Offence not to carry certificate when driving If the holder of a driver accreditation is driving a vehicle in circumstances in which he or she is required under this Division to have the accreditation, he or she must carry his or her certificate of accreditation. Penalty: 5 penalty units. 169X. Offence not to produce certificate when asked If the holder of a driver accreditation is driving a vehicle in circumstances in which he or she is required under this Division to have the accreditation, and if the holder is asked by an authorised officer or a member of the police force to produce his or her certificate of accreditation, he or she must do so. Penalty: 5 penalty units. 169Y. Power of Director to determine fees (1) The Director may determine fees for applications under this Division. (2) The Director must obtain the approval of the Minister for any determination made under sub-section (1). (3) Any fee determined under sub-section (1) may differ according to differences to time, place or circumstance. (4) Any fee determined by the Director under sub-section (1) must be published in the Government Gazette. s. 14 -- 37 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 33 169Z. Regulations (1) The Governor in Council may make regulations for or with respect to— (a) prescribing and regulating in respect of persons who are holders of accreditations under this Division— (i) the conduct and duties of such persons; and (ii) the dress and appearance of such persons; and (iii) the safeguarding and disposal of lost or unclaimed property left in or carried on vehicles that are required to be driven by such persons; and (iv) generally, conditions relating to the operation and use of vehicles when driven by such persons; (b) accreditations under this Division, including, but not limited to— (i) conditions to which such accreditations or any class of such accreditations are subject; and (ii) qualifications to be required of, and the tests to be passed by, applicants for such accreditations; and (iii) applications for such accreditations and the cancellation or suspension of such accreditations; s. 14 -- 38 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 34 (c) any matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division. (2) Any regulations made under this section— (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 prescribe penalties of not more than 20 penalty units for any contravention of or failure to comply with the regulations; and (d) may confer a power or discretionary authority on a person or body or a class of person or body; and (e) may apply adopt or incorporate (with or without modification) any matter contained in a document as in force at the time the regulations are made or at any time before then; and (f) may provide for the exemption of a specified person, body or thing or a specified class of person, body or thing from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.'. s. 14 -- 39 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 35 15. Section 218B amended (1) In section 218B of the Transport Act 1983— (a) in sub-section (6B), for "sub-section (6A)" substitute "sub-section (6)"; (b) in sub-section (6C), for "sub-section (6A)" substitute "sub-section (6)"; (c) in sub-section (6D), for "sub-section (6A)" substitute "sub-section (6)". (2) In section 218B(6D)— (a) in paragraph (b), for "proceedings." substitute "proceedings; or"; (b) after paragraph (b) insert— "(c) for the purposes of discharging the law enforcement functions of the Sheriff; or (d) for any other law enforcement purposes.". 16. Director to authorise Departmental authorised officers In section 221A of the Transport Act 1983, for "Secretary" substitute "Director". 17. Director to authorise other authorised officers In section 221AB of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (2), for "Secretary" substitute "Director". s. 15 -- 40 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 36 18. Insertion of new section 227A After section 227 of the Transport Act 1983 insert— "227A. Power of court to require attendance at approved public transport education program (1) If a person is charged with an offence under this Act, or under regulations made under this Act, and on the hearing of the charge the court considers it appropriate in view of the person's circumstances, the court may order the person to undertake a program approved under sub-section (2). (2) For the purposes of this section, the Director may approve programs that educate users of public transport and other persons about issues relating to public transport, including but not limited to— (a) public transport safety; (b) the comfort, amenity and convenience of passengers on public transport; (c) the revenue implications of fare evasion for public transport operators and the State; (d) the obligations of passengers and other persons in relation to public transport; (e) the enforcement obligations of authorised officers; (f) the providers of public transport in Victoria; (g) any other matter related to public transport that the Director considers appropriate.". s. 18 -- 41 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 37 19. New sections 228AA and 228AB inserted Before section 228A of the Transport Act 1983 insert— '228AA. Objective The objective of this Division is that the authorised officer management systems provided by passenger transport companies, bus companies and the Bus Association Victoria be provided in a manner that promotes the safety, comfort, amenity and convenience of persons using the services provided by the bodies and other persons, particularly children and other vulnerable persons. 228AB. Definition In this Division, "authorised officer management system" means a system for the management of authorised officers that includes— (a) education and training relating to— (i) the use of enforcement powers; (ii) behaviour by authorised officers toward members of the public, particularly children and other vulnerable persons; (b) the reporting requirements and supervision of authorised officers; (c) any matter prescribed in the regulations for this purpose.'. s. 19 -- 42 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 38 20. Application for accreditation (1) In section 228A(1) of the Transport Act 1983, for "Secretary" substitute "Director". (2) In section 228A(2) of the Transport Act 1983— (a) in paragraph (a), for "Secretary" substitute "Director"; (b) for paragraph (b) substitute— "(b) must be accompanied by— (i) the application fee, if any, determined by the Director and published in the Government Gazette; (ii) a detailed description of the applicant's authorised officer management system; (iii) any other information or thing determined by the Director.". (3) After section 228A(2) of the Transport Act 1983 insert— "(2A) The Director must notify in writing all passenger transport companies, bus companies and the Bus Association Victoria of any determination made by the Director under sub-section (2).". (4) In section 228A(3) of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director". s. 20 -- 43 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 39 21. Considerations as to and issue and renewal of accreditation by Director (1) Insert the following heading to section 228B of the Transport Act 1983— "Matters to be considered by Director". (2) In section 228B of the Transport Act 1983— (a) for "Secretary" substitute "Director"; (b) for paragraph (a) substitute— "(a) whether the authorised officer management system that the applicant proposes to have in place is effective and appropriate; and". (3) In section 228C of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (2), for "Secretary" (wherever occurring) substitute "Director"; (c) in sub-section (3), for "Secretary" substitute "Director". 22. New offence inserted After section 228DA of the Transport Act 1983 insert— "228DB. Offence to employ or engage authorised officer without accreditation under this Division A passenger transport company, a bus company or the Bus Association Victoria must not employ or engage a person to act as an authorised officer without being accredited to do so under this Division. Penalty: 300 penalty units.". s. 21 -- 44 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 40 23. Substitution of section 228H For section 228H of the Transport Act 1983 substitute— '228H. Notifications (1) A company that holds an accreditation (other than a temporary accreditation) must notify the Director (in writing) of any relevant incident or occurrence within 14 days after the day on which the incident or occurrence took place. Penalty: 50 penalty units. (2) The Director may request a report from a company that holds an accreditation (other than a temporary accreditation) under this Division on any matter related to the authorised officers employed or engaged by the company. (3) A request by the Director under sub-section (2) must specify a reasonable period within which the report must be received by the Director. (4) A company that receives a request under sub-section (3) must comply with that request within the period specified by the Director under sub-section (5). Penalty: 50 penalty units. (5) The Director may request further information relating to— (a) the incident or occurrence to which a notification under sub-section (3) relates; or s. 23 -- 45 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 41 (b) a report provided to the Director under sub-section (4)— and may specify a reasonable period within which the further information must be received by the Director. (6) A company must comply with any request for further information under sub-section (5) within the period (if any) specified in that request. Penalty: 50 penalty units. (7) In this section, "relevant incident or occurrence" means an incident or occurrence that is determined by the Director to be an incident or occurrence to which this section applies. (8) The Director must cause to be published in the Government Gazette any determination made by the Director for the purpose of the definition of "relevant incident or occurrence". (9) The Director must notify in writing any company that holds an accreditation under this Division of any determination made by the Director for the purpose of the definition of "relevant incident or occurrence".'. 24. Audit of certain books and records of accredited companies (1) Insert the following heading to section 228HA of the Transport Act 1983— "Audit of certain books and records of accredited companies for compliance purposes". s. 24 -- 46 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 42 (2) For section 228HA(1) of the Transport Act 1983 substitute— "(1) An accredited company must keep books and records relating to the following— (a) any condition to which its accreditation is subject and its compliance with that condition; (b) the scope and operation of its authorised officer management system; (c) any notification, report or information provided by it under this Division; (d) any correspondence with the Director in relation to its accreditation, its authorised officer management system or any authorised officer employed or engaged by it; (e) any other prescribed matter. Penalty: 50 penalty units.". (3) In section 228HA(2) of the Transport Act 1983— (a) for "Secretary" substitute "Director"; (b) omit ", in accordance with the regulations,"; (c) after "sub-section (1)" insert "and may take copies of any books or records". (4) After section 228HA(2) of the Transport Act 1983 insert— "(2A) The Director may authorise an officer of the Department or any other suitably qualified person to conduct an audit under this section. s. 24 -- 47 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 43 (2B) A person authorised under sub-section (2A) may— (a) enter any premises in which the person reasonably believes a book or record is kept for the purpose of sub-section (1); and (b) inspect any such book or record; and (c) make copies of, or take extracts from, any such book or record.". (5) For section 228HA(3) of the Transport Act 1983 substitute— "(3) If an audit is conducted as a result of a notification, or the provision of a report, under section 228H, the Director may charge a fee that covers the reasonable costs of conducting that audit.". 25. Application for renewal of accreditation (1) In section 228I of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (2), for "Secretary" substitute "Director". (2) In section 228I(3) of the Transport Act 1983— (a) in paragraph (a), for "Secretary" substitute "Director"; (b) for paragraph (b) substitute— "(b) must be accompanied by— (i) the application fee, if any, determined by the Director and published in the Government Gazette; and s. 25 -- 48 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 44 (ii) any other information or thing determined by the Director.". (3) In section 228I of the Transport Act 1983— (a) in sub-section (5), for "Secretary" substitute "Director"; (b) in sub-section (5A), for "Secretary" substitute "Director"; (c) in sub-section (6), for "Secretary" substitute "Director". 26. Renewal of accreditation (1) In section 228J(1) of the Transport Act 1983, for "Secretary" substitute "Director". (2) After section 228J(1) of the Transport Act 1983 insert— "(1A) In renewing or refusing to renew any accreditation under sub-section (1), the Director must have regard to— (a) the applicant's authorised officer management system; and (b) the applicant's compliance with the conditions of the applicant's accreditation; and (c) the conduct of authorised officers employed or engaged by the company, including whether the authorised officers have complied with conditions to which their authorisations are subject; and (d) any other matter determined by the Director and published in the Government Gazette. s. 26 -- 49 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 45 (1B) The Director must notify each company in writing of any determination made by the Director under sub-section (1A)(d).". (3) In section 228J(2) of the Transport Act 1983— (a) for "Secretary" substitute "Director"; (b) in paragraph (c), after "accreditation" insert "(including conditions relating to the authorised officer management system of the company)". (4) In section 228J(3) of the Transport Act 1983, for "Secretary" substitute "Director". (5) In section 228J(5) of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director". 27. Director not liable for giving accreditation (1) Insert the following heading to section 228M of the Transport Act 1983— "Director not liable for giving accreditation". (2) In section 228M of the Transport Act 1983, for "Secretary" substitute "Director". 28. Supervision of accredited companies (1) In section 228N(1) of the Transport Act 1983, for "Secretary" substitute "Director". (2) For section 228N(2)(a) of the Transport Act 1983 substitute— "(a) the company has failed to maintain an effective and appropriate authorised officer management system; or (aa) the company has failed to comply with section 228H; or". s. 27 -- 50 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 46 (3) In section 228N(3) of the Transport Act 1983— (a) for "Secretary" (wherever occurring) substitute "Director"; (b) in paragraph (b)(ii), after "accreditation" insert "(including conditions relating to the authorised officer management system of the company)". (4) In section 228N(4) of the Transport Act 1983, for "Secretary" substitute "Director". 29. Substitution of section 228Q For section 228Q of the Transport Act 1983 substitute— "228Q. Effect of suspension, cancellation or failure to renew (1) A company or association whose accreditation is suspended is not accredited during the period of suspension. (2) If— (a) a person who is employed or engaged by a company or association is authorised under section 221AB to act as an authorised officer; and (b) the accreditation of the company or association is suspended, cancelled or not renewed while that person is so employed or engaged— the person ceases to be authorised under section 221AB during the period of suspension or cancellation or until the accreditation is renewed. (3) Sub-section (2) does not apply to a person who is authorised under section 221AB to act as an authorised officer if— s. 29 -- 51 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 47 (a) the person is employed or engaged by more than one company or association and at least one such company or association continues to be the holder of an accreditation under this Division; or (b) the person is employed or engaged by another accredited company or association within 30 days following the day on which the accreditation of the company or association by whom he or she was employed or engaged was suspended, cancelled or not renewed.". 30. Insertion of new Division 5 in Part VIII After Division 4 of Part VIII of the Transport Act 1983 insert— 'Division 5—Transitional provisions— Transport Legislation (Further Amendment) Act 2006 268. Definitions "appointed day" means the day on which section 10 of the Transport Legislation (Further Amendment) Act 2006 comes into operation; "driver accreditation" has the same meaning as in Part VI; "old driver's certificate" means a certificate, in force immediately before the appointed day, under section 156, as in force immediately before the appointed day. s. 30 -- 52 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 48 269. Old certificates deemed to be accreditations (1) An old driver's certificate is deemed to be, on and from the appointed day, a driver accreditation. (2) An old driver's certificate that is deemed to be a driver accreditation under sub- section (1)— (a) is subject to any conditions to which the certificate was subject immediately before the appointed day, and any such conditions may be dealt with as if they were imposed under Division 6 of Part VI; and (b) remains in force for the remainder of the term that applied to the certificate immediately before the appointed day, unless, before the end of that term, the accreditation is suspended or cancelled under Division 6 of Part VI; and (c) except where this section indicates a contrary intention, the provisions of Division 6 of Part VI apply accordingly. (3) Despite sub-section (1), if a person who is the holder of an old driver's certificate is a person who has been found guilty of a category 1 offence, or is subject to the reporting obligations, or an order referred to in section 169(2)(c), the person is not deemed to be the holder of a driver accreditation. s. 30 -- 53 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 49 (4) Sub-section (3) does not apply if the holder of the certificate can demonstrate to the satisfaction of the Director, having regard to the public care objective under Division 6 of Part VI, that it is appropriate for that person to be deemed to be the holder of such an accreditation. (5) A person referred to in sub-section (3) may apply to VCAT for an order that his or her old driver's certificate be deemed to be a driver accreditation under this section. (6) If VCAT makes an order under sub- section (5), sub-section (2) applies to the deemed driver accreditation. (7) At least 28 days before the appointed day the Director must give each holder of an old driver's certificate to whom sub-section (3) applies written notice of the effect of sub- sections (3), (4), (5) and (6) and allow the person 28 days in which to provide the Director with information for the purposes of sub-section (4). 270. Saving of accreditations granted by Secretary Despite the commencement of section 21 of the Transport Legislation (Further Amendment) Act 2006, an accreditation under Division 4A of Part VII (and any condition to which the accreditation is subject) granted by the Secretary and in force immediately before that commencement is deemed to continue in force as if the accreditation were granted by the Director. s. 30 -- 54 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 50 271. Saving of agreements etc. (1) Any reference to the Secretary in any relevant agreement, instrument, deed or other document, so far as it relates to any period after the commencement of section 31(1) of the Transport Legislation (Further Amendment) Act 2006 and if not inconsistent with the context or subject- matter, must be construed as a reference to the Director. (2) In this section— "relevant agreement, instrument, deed or other document" means any agreement, instrument, deed or other document— (a) entered into under a relevant section of this Act or the Public Transport Competition Act 1995; and (b) in force immediately before the commencement of section 31(1) of the Transport Legislation (Further Amendment) Act 2006; "relevant section" means a section of this Act or the Public Transport Competition Act 1995 in which a reference to "Secretary" was amended by the Transport Legislation (Further Amendment) Act 2006 to be a reference to "Director".'. s. 30 -- 55 of 99 -- Part 2—Amendment of the Transport Act 1983 Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 51 31. Further amendment of Transport Act 1983 (1) The Transport Act 1983 is amended as set out in Part 1 of Schedule 1. (2) The Transport Act 1983 is amended as set out in Part 2 of Schedule 1. __________________ s. 31 -- 56 of 99 -- Part 3—Amendment of other Acts Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 52 PART 3—AMENDMENT OF OTHER ACTS 32. Insertion of new sections 13G to 13I After section 13F of the Rail Corporations Act 1996 insert— "13G. Powers to enter land to construct or maintain works (1) Rail Track may enter any land and do all things necessary and convenient for constructing, maintaining, altering and using any works supporting any rail signalling system. (2) Rail Track may exercise its powers under this section by any officer or employee of Rail Track who is authorised in writing by Rail Track to do so. (3) Rail Track must not exercise a power under this section unless— (a) Rail Track has given 7 days notice in writing to the occupier of the land that is to be entered; or (b) the occupier of the land consents to entry to the land; or (c) immediate entry is necessary because of an emergency. (4) A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to a different time. s. 32 See: Act No. 79/1996. Reprint No. 3 as at 15 July 2003 and amending Act Nos 73/2003, 12/2004, 49/2004, 108/2004, 110/2004, 25/2005, 95/2005 and 9/2006. LawToday: www.dms. dpc.vic. gov.au -- 57 of 99 -- Part 3—Amendment of other Acts Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 53 13H. Obligations in relation to entry onto land In exercising the powers under section 13G, Rail Track must— (a) cause as little harm and inconvenience as possible; and (b) stay on the land only for as long as is reasonably necessary to exercise the power; and (c) remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there; and (d) leave the land as nearly as possible in the condition in which he or she found it; and (e) ensure that as little damage as possible is done to the land; and (f) co-operate as much as possible with the owner and any occupier of the land. 13I. Rail Track to pay compensation (1) If Rail Track has caused any damage to land while exercising a power under section 13G, Rail Track must pay compensation to the owner and any other person with an interest in the land. (2) Compensation under sub-section (1) may, if so agreed by the person entitled to the compensation, be paid as a lump sum or by way of an annual rent, and, if no agreement can be reached, must be determined in the s. 32 -- 58 of 99 -- Part 3—Amendment of other Acts Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 54 manner provided in the Land Acquisition and Compensation Act 1986.". 33. Amendment of the Transport Legislation (Further Miscellaneous Amendments) Act 2005 (1) After section 2(1) of the Transport Legislation (Further Miscellaneous Amendments) Act 2005 insert— "(1A) Section 40 comes into operation on the same day as the day on which section 15(1) of the Transport Legislation (Further Amendment) Act 2006 comes into operation.". (2) In section 2(2) of the Transport Legislation (Further Miscellaneous Amendments) Act 2005, for "34, 35 and 40" substitute "34 and 35". (3) For section 2(4) of the Transport Legislation (Further Miscellaneous Amendments) Act 2005 substitute— "(4) Sections 41 to 47 come into operation on a day or days to be proclaimed.". (4) In section 2(5) of the Transport Legislation (Further Miscellaneous Amendments) Act 2005, after "or (4)" insert ", other than section 42,". (5) After section 2(5) of the Transport Legislation (Further Miscellaneous Amendments) Act 2005 insert— "(6) If section 42 does not come into operation before 30 June 2008, it comes into operation on that day.". (6) In section 220AA(d) of the Transport Act 1983, as proposed to be inserted by section 41 of the Transport Legislation (Further Miscellaneous Amendments) Act 2005, after "Rail Track" insert ", the Director". See: Act No. 95/2005. LawToday: www.dms. dpc.vic. gov.au s. 33 -- 59 of 99 -- Part 3—Amendment of other Acts Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 55 (7) In section 225(1) of the Transport Act 1983, as proposed to be inserted by section 45 of the Transport Legislation (Further Miscellaneous Amendments) Act 2005, in paragraph (c) of the definition of "officer", for "or the Secretary" substitute ", the Secretary or the Director". 34. Offences against officers In section 225(3) of the Transport Act 1983, as proposed to be inserted by section 45 of the Transport Legislation (Further Miscellaneous Amendments) Act 2005— (a) in paragraph (a), for "obstruct, hinder or refuse to comply with" substitute "resist, obstruct, hinder or refuse to comply with"; (b) in paragraph (b), for "obstruct, hinder or refuse to comply with" substitute "resist, obstruct, hinder or refuse to comply with". 35. Amendment of the Public Transport Competition Act 1995 (1) In section 26 of the Public Transport Competition Act 1995— (a) in sub-section (2), omit "Secretary or the"; (b) in sub-section (3), omit "Secretary or the"; (c) in sub-section (4), omit "Secretary or the". (2) Section 36(1) of the Public Transport Competition Act 1995 is repealed. (3) After section 36(1A)(b) of the Public Transport Competition Act 1995 insert— "(ba) to prohibit a person from driving a vehicle;". 36. Consequential amendments to the Public Transport Competition Act 1995 The Public Transport Competition Act 1995 is amended as set out in Schedule 2. s. 34 See: Act No. 68/1995. Reprint No. 2 as at 17 June 2004 and amending Act Nos 95/2005 and 9/2006. LawToday: www.dms. dpc.vic. gov.au -- 60 of 99 -- Part 3—Amendment of other Acts Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 56 37. Powers of V/Line—Amendment of the Rail Corporations Act 1996 (1) After section 18(1)(c) of the Rail Corporations Act 1996 insert— "(ca) to report on the activities of any person carrying out a function specified in paragraph (a), (b) or (c);". (2) After section 18(2) of the Rail Corporations Act 1996 insert— "(2A) Nothing in this Act affects or limits the Director's power under section 9(4) of the Transport Act 1983 to enter into an agreement, lease or licence with another person to carry out a function specified in sub-section (1).". 38. Change of reference to Secretary In the heading to section 38ZZE of the Rail Corporations Act 1996, for "Secretary" substitute "Safety Director". __________________ s. 37 -- 61 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 57 PART 4—AMENDMENT OF RAIL SAFETY RELATED LEGISLATION Division 1—Amendments to Rail Safety Act 2006 39. Amendment of commencement provision (1) In section 2(1) of the Rail Safety Act 2006, for "sub-section (4)" substitute "sub-sections (4) and (5)". (2) In section 2(4) of the Rail Safety Act 2006, after "Act" insert "(except section 123)". (3) After section 2(4) of the Rail Safety Act 2006 insert— "(5) If section 123 does not come into operation before 30 June 2008, it comes into operation on that day.". 40. New definition of "interface co-ordination plan" substituted In section 3(1) of the Rail Safety Act 2006, for the definition of "interface co-ordination plan" substitute— ' "interface co-ordination plan" means a plan developed by a rail operator that identifies and specifies— (a) the potential risks to the safety of rail operations carried out by that rail operator at a place that may be caused or contributed, wholly or in part by— (i) the activities or rail operations of another rail operator or activities of another person at that place; or See: Act No. 9/2006. LawToday: www.dms. dpc.vic. gov.au s. 39 -- 62 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 58 (ii) the ownership, occupation or management of that place by another rail operator or another person; (b) any other matter or thing that is prescribed;'. 41. New section 28A inserted After section 28 of the Rail Safety Act 2006 insert— "28A. Provision of access to SMS to Safety Director or transport safety officer (1) The Safety Director may request, in writing, a rail operator to provide the Safety Director, or a transport safety officer, access to the railway premises of the rail operator, and any document or equipment at those railway premises, for the purpose of enabling the Safety Director, or the transport safety officer, to inspect the safety management system of the rail operator. (2) A rail operator must comply with a request under sub-section (1) within 7 days after receiving the request. Penalty: 15 penalty units.". 42. Emergency planning For section 52(4)(a) of the Rail Safety Act 2006 substitute— "(a) at least address all— (i) major incidents identified under section 50; and (ii) hazards identified under section 50 that could cause or contribute to causing the major incidents identified under that section; and s. 41 -- 63 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 59 (ab) address and include any other matters or things that are prescribed; and". 43. New section 62A inserted After section 62 of the Rail Safety Act 2006 insert— '62A. Co-ordination between Safety Director and corresponding Rail Safety Regulator (1) This section applies if the Safety Director receives an application for accreditation under Division 2, or for variation of accreditation or the conditions or restrictions of accreditation under Division 4, that indicates that the applicant is accredited, or is seeking accreditation in another State or a Territory of the Commonwealth under a corresponding law to carry out rail operations of a similar kind to those the subject of the application under Division 2 or 4. (2) The Safety Director must, as soon as possible and before deciding whether or not to grant the application, consult with the relevant corresponding Rail Safety Regulator, or Regulators, in relation to the application with a view to the outcome of the application being consistent with the outcome of applications made in the other jurisdiction or jurisdictions. (3) The Safety Director, in complying with sub- section (2), must take into account any guidelines prepared under sub-section (5). (4) If the Safety Director does not, in relation to an application, act consistently with the provisions of any guidelines prepared under sub-section (5), the Safety Director must give the applicant reasons for not so acting. s. 43 -- 64 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 60 (5) The Minister may prepare guidelines about the manner of the consultation the Safety Director is required to undertake under sub- section (2). (6) In this section— "corresponding law" means— (a) the law of another State or a Territory of the Commonwealth corresponding, or substantially corresponding, to this Act; or (b) a law of another State or a Territory of the Commonwealth that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act; "corresponding Rail Safety Regulator" means— (a) the person who, or body that, has functions or powers under a corresponding law that substantially correspond to the functions and powers of the Safety Director under this Part; or (b) a person prescribed by the regulations as the corresponding Rail Safety Regulator for another State or a Territory of the Commonwealth for the purposes of this Act.'. s. 43 -- 65 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 61 44. Reviewable decisions In section 87 of the Rail Safety Act 2006, in the table after item 15 insert— "15A. Section 62A(3) (Safety Director not acting in accordance with guidelines) A rail operator who has applied for accreditation under Division 2, or for variation of accreditation or the conditions or restrictions of accreditation under Division 4.". 45. Regulation making powers (1) In section 105(b) of the Rail Safety Act 2006 before "annual" (where first occurring) insert "accreditation fees, including". (2) In section 108 of the Rail Safety Act 2006— (a) in paragraph (a), for "people" substitute "rail safety workers"; (b) for paragraph (c) substitute— "(c) requiring a rail operator to ensure that rail safety workers employed or engaged by them or employed or engaged by a rail contractor engaged directly or indirectly by the rail operator to supply rail operations to that rail operator— (i) are fit to carry out rail safety work; (ii) are competent or appropriately trained or qualified to carry out rail safety work;". (c) in paragraph (d), for "persons" (where twice occurring) substitute "rail safety workers". s. 44 -- 66 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 62 (3) For section 110(1)(b) of the Rail Safety Act 2006 substitute— "(b) requiring notice of, reports and information about, prescribed activities, matters or things to be given to the Safety Director or a transport safety officer; (ba) the content, manner and form of a notice, reports and information referred to in paragraph (b) to be given to the Safety Director or a transport safety officer; (bb) interface co-ordination plans, including— (i) requiring a rail operator to develop interface co-ordination plans; (ii) the matters or things that interface co-ordination plans developed by a rail operator must identify or specify; (iii) requiring a rail operator to keep a register of interface co-ordination plans the rail operator has developed; (bc) requiring a rail operator to undertake reviews about rail operations the rail operator carries out, including— (i) the subject matter of the reviews; (ii) requiring the rail operator to give reports to the Safety Director of findings made in the reviews;". s. 45 -- 67 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 63 46. New definitions to be inserted into Transport Act 1983 (1) In section 125 of the Rail Safety Act 2006, in proposed new section 228S(1) of the Transport Act 1983 insert the following proposed new definitions— ' "officer" has the same meaning as in the Rail Safety Act 2006; "person" has the same meaning as in the Rail Safety Act 2006;'. (2) In section 125 of the Rail Safety Act 2006, in proposed new section 228S(1) of the Transport Act 1983— (a) in the proposed new definition of "utility", in proposed new paragraph (b), for "2004." substitute "2004;"; (b) after the proposed new definition of "utility" insert the following proposed new definition— ' "volunteer" has the same meaning as in the Rail Safety Act 2006.'. 47. Transport safety officers (1) In section 125 of the Rail Safety Act 2006, in proposed new section 228T of the Transport Act 1983, for "this Division" substitute "a relevant transport safety law". (2) In section 125 of the Rail Safety Act 2006, at the end of proposed new section 228T of the Transport Act 1983 insert— "(2) An appointment under this section is for a term, and subject to the conditions, specified in the instrument. s. 46 -- 68 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 64 (3) Without limiting the conditions to which the appointment of a transport safety officer may be subject, a condition may specify one or more of the following— (a) the functions and powers under a relevant transport safety law that may not be exercised by the transport safety officer; (b) the only functions and powers under a relevant transport safety law that may be exercised by the transport safety officer; (c) the circumstances or manner in which a function or power under a relevant transport safety law may be performed by the transport safety officer.". (3) In section 125 of the Rail Safety Act 2006, in proposed new section 228U(2)(b) of the Transport Act 1983, after "officer" (where secondly occurring) insert "appointed". (4) In section 125 of the Rail Safety Act 2006, in proposed new section 228W of the Transport Act 1983, for "this Division" (wherever occurring) substitute "a relevant transport safety law". (5) In section 125 of the Rail Safety Act 2006, in proposed new section 228X(1) of the Transport Act 1983, for "this Division" substitute "a relevant transport safety law". 48. Self-incrimination In section 125 of the Rail Safety Act 2006, in proposed new section 228ZZP of the Transport Act 1983— (a) in proposed new sub-section (1), after "may" insert "result in information being provided that"; s. 48 -- 69 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 65 (b) in proposed new sub-section (1)(a) omit "result in information being provided that"; (c) in proposed new sub-section (1)(b), before "make" insert "may"; (d) in proposed new sub-section (2), after "under" insert "a direction given under". 49. Review decisions (1) In section 125 of the Rail Safety Act 2006, for the heading to proposed new section 228ZZR of the Transport Act 1983 substitute— "Review by the Safety Director". (2) In section 125 of the Rail Safety Act 2006, for proposed new section 228ZZR(1) of the Transport Act 1983 substitute— "(1) An eligible person— (a) in relation to a reviewable decision made by the Safety Director may, within 28 days after the decision was made, apply to the Safety Director for a review of the decision; (b) in relation to a reviewable decision, other than a decision made by the Safety Director, may apply to the Safety Director for review of the decision within— (i) 28 days after the day on which the decision first came to the eligible person's notice; or (ii) such longer period as the Safety Director allows.". s. 49 -- 70 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 66 50. New definition inserted In section 127 of the Rail Safety Act 2006, in proposed new section 230G of the Transport Act 1983 insert the following proposed new definition— ' "improvement or prohibition notice contravention provision" means section 228ZE(1) or 228ZK(1);'. 51. Offences by bodies corporate, officers of bodies corporate, partnerships etc. In section 127 of the Rail Safety Act 2006, in proposed new section 230J(1) of the Transport Act 1983 after "relevant rail protection law" insert "or an improvement or prohibition notice contravention provision". 52. New Division 4 of Part 11 substituted For Division 4 of Part 11 of the Rail Safety Act 2006 substitute— 'Division 4—Savings and Transitional Provisions 163. Definitions In this Division— "accredited commercial rail operator" means a person (other than an accredited tourist and heritage rail operator) who— (a) under a transitional accreditation carries out rail infrastructure operations or rolling stock operations; or (b) by operation of section 170(4) holds a post new scheme accreditation under which the s. 50 -- 71 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 67 person carries out rail infrastructure operations or rolling stock operations; "accredited tourist and heritage rail operator" means a person who— (a) under a transitional accreditation carries out rail infrastructure operations or rolling stock operations— (i) that are tourist and heritage rail operations; or (ii) for the purpose of operating a tourist and heritage railway; or (b) by operation of section 170(4) holds a post new scheme accreditation under which the person carries out rail infrastructure operations or rolling stock operations— (i) that are tourist and heritage rail operations; or (ii) for the purpose of operating a tourist and heritage railway; "commencement day" means the day on which section 119 comes into operation; "manage", in relation to rail infrastructure, has the meaning given to it by section 107 of the Transport Act 1983 (as in force immediately before the commencement day); s. 52 -- 72 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 68 "old accreditation" means an accreditation under Division 3 of Part VI of the Transport Act 1983; "operate", in relation to rolling stock, has the meaning given to it by section 109(2) of the Transport Act 1983 (as in force immediately before the commencement day); "post new scheme accreditation" means an accreditation under Part 5 referred to in section 170(4); "private siding" has the same meaning as in section 104(1) of the Transport Act 1983 (as in force immediately before the commencement day); "provide", in relation to rolling stock, has the meaning given to it by section 109(1) of the Transport Act 1983 (as in force immediately before the commencement day); "rail infrastructure" has the same meaning as in section 104(1) of the Transport Act 1983 (as in force immediately before the commencement of section 119); "railway" has the same meaning as in section 104(1) of the Transport Act 1983 (as in force immediately before the commencement day); "rolling stock" has the same meaning as in section 104(1) of the Transport Act 1983 (as in force immediately before the commencement day); s. 52 -- 73 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 69 "tourist and heritage rail operations" means rail infrastructure operations or rolling stock operations carried out by a person named in an Order under section 166 that have been declared under that Order to be tourist and heritage rail operations; "tourist and heritage railway" means a railway named in an Order under section 166 that is declared under that Order to be a tourist and heritage railway; "transitional accreditation" has the meaning given by section 172(1). 164. General transitional provision This Division does not affect or take away from the Interpretation of Legislation Act 1984. 165. Savings and transitional regulations The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act and the repeal of Divisions 2 and 3 of Part VI of the Transport Act 1983. 166. Declaration Order in relation to tourist and heritage operation and railways The Minister, by Order published in the Government Gazette, may, for the purposes of this Division, declare— (a) rail infrastructure operations or rolling stock operations carried out by a person named in the Order to be tourist and heritage rail operations; (b) a railway named in the Order to be a tourist and heritage railway. s. 52 -- 74 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 70 167. Orders and approvals relating to alcohol and other drug controls under the Transport Act 1983 On the commencement day— (a) an Order made under section 93(1AA) of the Transport Act 1983, and in force immediately before the commencement day, is deemed to be an Order made under section 4 and may be amended or revoked accordingly; (b) an approval under section 93(1A) of the Transport Act 1983, and in force immediately before the commencement day, is deemed to be an Order made under section 8 and may be amended or revoked accordingly; (c) an Order made under the Transport Act 1983 for the purposes of the definition of "corresponding law" as defined by section 93(1) of that Act, and in force immediately before the commencement day, is deemed to be an Order made under section 9 and may be amended or revoked accordingly. 168. Authorities for the purposes of Part 6 On the commencement day— (a) an authority given under or for the purposes of section 96(3) of the Transport Act 1983 by the Chief Commissioner of Police, and in force immediately before the commencement day, is deemed to be an authority given under or for the purposes of section 78(4) by the Chief Commissioner of Police and may be amended or revoked accordingly; s. 52 -- 75 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 71 (b) an authority given under or for the purposes of section 96A(5)(b) of the Transport Act 1983 by the Chief Commissioner of Police, and in force immediately before the commencement day, is deemed to be an authority given under or for the purposes of section 79(5)(b) by the Chief Commissioner of Police and may be amended or revoked accordingly; (c) an authority given under or for the purposes of section 96A(5)(a) of the Transport Act 1983 by the Secretary, and in force immediately before the commencement day, is deemed to be an authority given under or for the purposes of section 79(5)(a) by the Safety Director and may be amended or revoked accordingly. 169. Specified procedures for carrying out assessment of drug impairment On the commencement day, a procedure for the carrying out of an assessment of drug impairment specified by the Secretary under section 96A(7) of the Transport Act 1983, and in force immediately before the commencement day, is deemed to be a procedure for the carrying out of an assessment of drug impairment specified by the Safety Director under section 79(7) and may be amended or revoked accordingly. s. 52 -- 76 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 72 170. Existing applications for accreditation (1) Despite section 119, an application under section 111 of the Transport Act 1983— (a) for accreditation as a manager of rail infrastructure by a person who manages or proposes to manage rail infrastructure; and (b) in respect of which the Secretary has not made a decision under Division 3 of Part VI of that Act to accredit or refuse to accredit the person as a manager of rail infrastructure before the commencement day— must, on and from the commencement day, be dealt with and decided by the Safety Director under Division 3 of Part VI of that Act as if— (c) Division 3 of Part VI of the Transport Act 1983 was not repealed by section 119; and (d) a reference to the Secretary in Division 3 of Part VI of the Transport Act 1983 were a reference to the Safety Director. (2) Despite section 119, an application under section 111 of the Transport Act 1983— (a) for accreditation as a provider of rolling stock by a person who provides, or proposes to provide, rolling stock; and s. 52 -- 77 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 73 (b) in respect of which the Secretary has not made a decision under Division 3 of Part VI of that Act to accredit or refuse to accredit the person as a provider of rolling stock before the commencement day— must, on and from the commencement day, be dealt with and decided by the Safety Director under Division 3 of Part VI of that Act as if— (c) Division 3 of Part VI of the Transport Act 1983 was not repealed by section 119; and (d) a reference to the Secretary in Division 3 of Part VI of the Transport Act 1983 were a reference to the Safety Director. (3) Despite section 119, an application under section 111 of the Transport Act 1983— (a) for accreditation as an operator of rolling stock by a person who operates, or proposes to operate, rolling stock; and (b) in respect of which the Secretary has not made a decision under Division 3 of Part VI of that Act to accredit or refuse to accredit the person as an operator of rolling stock before the commencement day— must, on and from the commencement day, be dealt with and decided by the Safety Director under Division 3 of Part VI of that Act as if— (c) Division 3 of Part VI of the Transport Act 1983 was not repealed by section 119; and s. 52 -- 78 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 74 (d) a reference to the Secretary in Division 3 of Part VI of the Transport Act 1983 were a reference to the Safety Director. (4) If, by force of sub-section (1), (2) or (3), the Safety Director decides to accredit a person who made an application referred to in those sub-sections, that person is deemed, on the accreditation of that person, to hold— (a) in the case of a person accredited as a manager of rail infrastructure and who is a rail infrastructure manager, an accreditation under Part 5 in respect of the rail infrastructure operations the person carries out; (b) in the case of a person accredited as a provider of rolling stock and who is a rolling stock operator, an accreditation under Part 5 in respect of the rolling stock operations the person carries out; (c) in the case of a person accredited as an operator of rolling stock and who is a rolling stock operator, an accreditation under Part 5 in respect of the rolling stock operations the person carries out. 171. Review of decisions in relation to applications of accreditation transitioned under this Division Despite section 119, section 129B of the Transport Act 1983 applies to an application referred to in section 170 as if— (a) section 129B of that Act were not repealed; and (b) a reference to the Secretary in section 129B of that Act were a reference to the Safety Director. s. 52 -- 79 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 75 172. Existing accreditations deemed to be accreditations under this Act (1) A person who, immediately before the commencement day, held an old accreditation is, on the commencement day, deemed to hold an accreditation under Part 5 ("transitional accreditation") as an accredited rail operator— (a) if the person is a rail infrastructure manager, in respect of the rail infrastructure operations the operator carries out; (b) if the person is a rolling stock operator, in respect of the rolling stock operations the operator carries out. (2) Subject to this Division, the transitional accreditation is deemed to be subject to the conditions and restrictions— (a) to which the old accreditation was subject immediately before the commencement day; and (b) that are not inconsistent with this Act. (3) However, the conditions set out in section 117(4) and (4A) of the Transport Act 1983 and any condition specified in the regulations made under that Act applying to an old accreditation do not continue to apply to the transitional accreditation. (4) To avoid doubt, the conditions set out in section 46(4) and (5), and any condition specified in the regulations, apply to the transitional accreditation. s. 52 -- 80 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 76 173. Expiry of transitional accreditations and post new scheme accreditations Despite anything to the contrary in Part 5, on the making of an Order under section 166, a transitional accreditation or post new scheme accreditation— (a) held by an accredited commercial operator expires on the second anniversary of the commencement day; (b) held by an accredited tourist and heritage rail operator expires on the third anniversary of the commencement day. 174. Conditions and restrictions of transitional accreditations may be varied in accordance with Division 4 of Part 5 To avoid doubt, the conditions or restrictions to which a transitional accreditation is subject may be varied or revoked by the Safety Director under sections 53 and 55 as if those conditions or restrictions had been imposed by the Safety Director under section 46. 175. Transitional accreditations may be surrendered To avoid doubt, a transitional accreditation may be surrendered to the Safety Director in accordance with section 56 as if that accreditation were an accreditation under Part 5. s. 52 -- 81 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 77 176. Existing application for changes of conditions or restrictions of accreditation (1) An application under section 119 of the Transport Act 1983— (a) for a variation of (as the case requires) a restriction or condition of an old accreditation; and (b) in respect of which the Secretary has not, before the commencement day, made a decision under that section whether to vary the restriction or condition the subject of the application— is deemed, on and from the commencement day, to be an application under section 53 for a variation of (as the case requires) a restriction or condition of an accreditation. (2) An application under section 119 of the Transport Act 1983— (a) for the revocation of (as the case requires) a restriction or condition of an old accreditation; and (b) in respect of which the Secretary has not, before the commencement day, made a decision under that section whether to revoke the restriction or condition the subject of the application— is deemed, on and from the commencement day, to be an application under section 53 for a revocation of (as the case requires) a restriction or condition of an accreditation. s. 52 -- 82 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 78 (3) This Act applies to an application referred to in sub-section (1) or (2). 177. Change of conditions or restrictions on accreditation on initiative of Secretary (1) A variation or revocation of (as the case requires) a restriction or condition of an old accreditation proposed by the Secretary under section 119 of the Transport Act 1983, and in respect of which the Secretary has not varied or revoked (as the case requires) the restriction or condition of the old accreditation, is deemed, on and from the commencement day, to be a proposal by the Safety Director, under section 55, to vary or revoke (as the case requires) a restriction or condition of an accreditation. (2) This Act applies to an application referred to in sub-section (1). 178. Compliance with certain provisions not required while accreditations under Division are in force Despite anything to the contrary in this Act, a rail operator who holds a transitional accreditation or post new scheme accreditation is not required to comply with any of the following while the transitional accreditation or post new scheme accreditation is in force— (a) Division 4 of Part 3; (b) section 54. s. 52 -- 83 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 79 179. Accreditations transitioned under Division not Part 5 accreditations for purposes of section 65 Despite anything to the contrary in this Act, a transitional accreditation or post new scheme accreditation is not be taken to be an accreditation for the purposes of section 65. 180. Private sidings (1) A person who, immediately before the commencement day, was registered under regulation 12 of the Transport (Rail Safety) Regulations 1998 to manage a private siding is, on the commencement day, deemed to have been granted an exemption under section 63. (2) An exemption referred to in sub-section (1) is subject to the same conditions that— (a) applied to the registration under regulation 12 of the Transport (Rail Safety) Regulations 1998 immediately before the commencement day; and (b) are not inconsistent with this Act. (3) However, despite anything to the contrary in section 63 or 64, an exemption referred to in sub-section (1), expires on the second anniversary of the commencement day. 181. References to Secretary in transitional accreditations to be read as references to Safety Director On and from the commencement day, every reference in a transitional accreditation to the Secretary is to be read as the Safety Director unless the context otherwise requires. s. 52 -- 84 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 80 182. Codes of Practice On the commencement day, a code of practice approved by the Minister under section 129WA of the Transport Act 1983, and in force immediately before the commencement day, is deemed to be an approved code of practice and may be amended or revoked accordingly.'. 53. Statute law revision (1) In section 116 of the Rail Safety Act 2006, in proposed new section 9AC(3)(b) of the Transport Act 1983, after "Director" insert "to". (2) In section 125 of the Rail Safety Act 2006, in proposed new section 228S(1) of the Transport Act 1983, in the proposed new definition of "relevant person", in proposed new paragraph (i), after "may" insert "be". Division 2—Infringement Related Amendments to Transport Act 1983 54. Definitions In section 208 of the Transport Act 1983— (a) insert the following definition— ' "rail safety worker" has the same meaning as in the Rail Safety Act 2006;'; (b) in the definition of "safety work infringement", in paragraph (a), for "worker" substitute "rail safety worker"; (c) the definition of "worker" is repealed. 55. Repeal of redundant provision Section 215A of the Transport Act 1983 is repealed. s. 53 -- 85 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 81 56. Safety work infringements (1) In section 215B(1) of the Transport Act 1983, for "worker" (where twice occurring) substitute "rail safety worker". (2) In section 215B(8) of the Transport Act 1983, for "Division 2 of Part VI" substitute "Part 6 of the Rail Safety Act 2006". 57. Effect of safety work infringement (1) In section 215C(1), (2) and (4)(b) of the Transport Act 1983, for "worker" substitute "rail safety worker". (2) In section 215C(3) of the Transport Act 1983, for "worker" (wherever occurring) substitute "rail safety worker". 58. Extension of time to object if no actual notice (1) In section 215D(1) of the Transport Act 1983, for "worker" (wherever occurring) substitute "rail safety worker". (2) In section 215D(2) and (3)(d) of the Transport Act 1983, for "worker" substitute "rail safety worker". 59. Proof of prior convictions (1) In section 215F(1) of the Transport Act 1983, for "worker" substitute "rail safety worker". (2) In section 215F(3) of the Transport Act 1983, for "worker" (wherever occurring) substitute "rail safety worker". 60. Graffiti clean-up programs In section 223E(5)(a) of the Transport Act 1983, for "worker" substitute "rail safety worker". s. 56 -- 86 of 99 -- Part 4—Amendment of Rail Safety Related Legislation Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 82 Division 3—Rail Safety Related Transitional Amendment to Transport Act 1983 61. New section 246CAA inserted After section 246C of the Transport Act 1983 insert— '246CAA. Rail Safety Act 2006—Authorised officers for drug and alcohol testing (1) A person who, immediately before the relevant date, was an authorised officer appointed by the Secretary under section 100A is, on the relevant date, deemed to be appointed under section 228T— (a) as a transport safety officer; and (b) subject to the same restrictions that applied to his or her appointment under section 100A. (2) Despite section 228U, the Safety Director is not required to issue a person referred to in sub-section (1) an identity card. (3) However, section 228W applies to a person referred to in sub-section (1) as if a reference in that section to an identity card were a reference to the certificate issued to the person by the Secretary under section 100A(4). (4) In this section— "relevant date" means the day on which section 125 of the Rail Safety Act 2006 comes into operation.'. __________________ s. 61 -- 87 of 99 -- Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 83 SCHEDULES SCHEDULE 1 CONSEQUENTIAL AMENDMENT OF TRANSPORT ACT 1983 PART 1 Section 31(1) 1. Definitions (1) In section 2(1) of the Transport Act 1983, in the definition of "licensing authority", for "Secretary" substitute "Director". (2) In section 86(1) of the Transport Act 1983, in the definition of "public commercial passenger vehicle"— (a) in paragraph (a), for "Secretary" substitute "Director"; (b) in paragraph (b), for "Secretary" substitute "Director". 2. Determinations of policy In section 89(2)(c) of the Transport Act 1983, for "Secretary" substitute "Director". 3. Public commercial passenger vehicles In section 141(5) of the Transport Act 1983, for "Secretary" substitute "Director". 4. Transfers of licences In section 149(3A) of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director". 5. Assignments In section 150(2A) of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director". Sch. 1 -- 88 of 99 -- Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 84 6. Offences relating to security cameras and privacy of passengers In section 158B of the Transport Act 1983— (a) in sub-section (1)(b)(i), for "Secretary" substitute "Director"; (b) in sub-section (2)(c), for "Secretary" substitute "Director"; (c) in sub-section (3)— (i) for "Secretary's" substitute "Director's"; (ii) in paragraph (a), for "Secretary" substitute "Director". 7. Agreements in relation to images obtained from security cameras In section 158C of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (3), for "Secretary" substitute "Director"; (c) in sub-section (4), for "Secretary" (wherever occurring) substitute "Director". 8. Regulations In section 162(1) of the Transport Act 1983— (a) in paragraph (mc), for "Secretary" (wherever occurring) substitute "Director"; (b) in paragraph (md), for "Secretary" (wherever occurring) substitute "Director"; (c) in paragraph (me), for "Secretary" substitute "Director". 9. Eligibility of person who has committed serious traffic offences to hold authority In section 182D(4)(b) of the Transport Act 1983, for "Secretary" substitute "Director". 10. Definition In section 208 of the Transport Act 1983, in the definition of "authorised officer", for "Secretary" substitute "Director". Sch. 1 -- 89 of 99 -- Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 85 11. Transport and ticket infringements In section 212(1A)(b) of the Transport Act 1983, for "Secretary" substitute "Director". 12. Inspection of motor vehicles In section 216(1) of the Transport Act 1983, for "Secretary" substitute "Director". 13. Powers of officers authorized by Roads Corporation In section 217 of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (3), for "Secretary" (wherever occurring) substitute "Director". 14. Making false reports In section 220AA(d) of the Transport Act 1983, for "Secretary" substitute "Director". 15. Information not to be disclosed In section 221 of the Transport Act 1983— (a) in sub-section (1A) omit "the Secretary or"; (b) in sub-section (1B) omit "the Secretary or"; (c) in sub-section (7), after "Secretary" (wherever occurring) insert ", the Director"; (d) in sub-section (9)(a), for "Secretary" substitute "Director". 16. Application for authorisation In section 221B of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (2)(a), for "Secretary" substitute "Director"; (c) in sub-section (3), for "Secretary" (wherever occurring) substitute "Director". Sch. 1 -- 90 of 99 -- Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 86 17. Qualification requirements In section 221C of the Transport Act 1983— (a) in sub-section (1), for "Secretary" (wherever occurring) substitute "Director"; (b) in sub-section (2), for "Secretary" (wherever occurring) substitute "Director". 18. Time limits on section 221AB authorisations In section 221CA of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (2), for "Secretary" substitute "Director". 19. Scope of authorisation may be limited In section 221CB of the Transport Act 1983— (a) in sub-section (1), omit "Secretary or the"; (b) in sub-section (2), omit "Secretary or". 20. Conditions of authorisation In section 221D of the Transport Act 1983— (a) in sub-section (1)(b), for "Secretary" substitute "Director"; (b) in sub-section (2), for "Secretary" substitute "Director". 21. Change of conditions In section 221E of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (2), for "Secretary" substitute "Director". 22. Application for renewal of authorisation In section 221G of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (2)(a), for "Secretary" substitute "Director"; Sch. 1 -- 91 of 99 -- Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 87 (c) in sub-section (4), for "Secretary" substitute "Director"; (d) in sub-section (4A), for "Secretary" substitute "Director"; (e) in sub-section (5), for "Secretary" substitute "Director". 23. Renewal of authorisation In section 221H of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (2), for "Secretary" substitute "Director"; (c) in sub-section (3), for "Secretary" substitute "Director"; (d) in sub-section (4), for "Secretary" substitute "Director"; (e) in sub-section (5), for "Secretary" (wherever occurring) substitute "Director". 24. Issue of identity cards In section 221I of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (1A), for "Secretary" substitute "Director"; (c) in sub-section (2)(c), for "Secretary" substitute "Director". 25. Inquiry into conduct of authorised officer In section 221J of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (2), for "Secretary" (wherever occurring) substitute "Director"; (c) in sub-section (3), for "Secretary" (wherever occurring) substitute "Director". Sch. 1 -- 92 of 99 -- Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 88 26. Revocation of authorisation In section 221L of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director". 27. Tribunal reviews In section 221M(1) of the Transport Act 1983, for "Secretary" substitute "Director". 28. Return of identity cards In section 221O of the Transport Act 1983— (a) in sub-section (1), for "Secretary" (wherever occurring) substitute "Director"; (b) in sub-section (2), for "Secretary" substitute "Director". 29. Lost, stolen or destroyed identity cards to be reported In section 221P of the Transport Act 1983, for "Secretary" substitute "Director". 30. Replacement of identity cards In section 221Q of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director". 31. Application by proposed employee In section 221S of the Transport Act 1983— (a) in sub-section (1), for "Secretary" (wherever occurring) substitute "Director"; (b) in sub-section (2)(a), for "Secretary" substitute "Director"; (c) in sub-section (3), for "Secretary" (wherever occurring) substitute "Director". 32. Offence to smoke in carriage etc. in certain circumstances In section 222(2) of the Transport Act 1983 omit "contract to the Secretary or under". 33. Smoking offences In section 222A(4) of the Transport Act 1983, in the definition of "carriage", for "Secretary" substitute "Director". Sch. 1 -- 93 of 99 -- Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 89 34. Definition In section 223A(3) of the Transport Act 1983, for "Secretary" (where secondly occurring) substitute "Director". 35. Conditions of accreditation In section 228D of the Transport Act 1983— (a) in sub-section (1)(b), for "other condition imposed by the Secretary" substitute "condition imposed by the Director"; (b) in sub-section (2), for "Secretary" substitute "Director". 36. Change of conditions etc. In section 228E of the Transport Act 1983— (a) in sub-section (1)— (i) for "Secretary" substitute "Director"; (ii) after "an accreditation" insert "referred to in section 228D(1)(b)"; (b) in sub-section (2), for "Secretary" substitute "Director"; (c) in sub-section (3), for "Secretary" (wherever occurring) substitute "Director"; (d) in sub-section (4), for "Secretary" substitute "Director". 37. Duration of accreditation In section 228F of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (1A), for "Secretary" substitute "Director"; (c) in sub-section (2), for "Secretary" substitute "Director". Sch. 1 -- 94 of 99 -- Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 90 38. Requirement to notify Director about charges, etc. (1) Insert the following heading to section 228G of the Transport Act 1983— "Requirement to notify Director about charges, etc.". (2) In section 228G of the Transport Act 1983, for "Secretary" (wherever occurring) substitute "Director". 39. Nature of accreditation In section 228K(3) of the Transport Act 1983, for "Secretary" substitute "Director". 40. Procedure and powers In section 228O of the Transport Act 1983— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (2), for "Secretary" (wherever occurring) substitute "Director"; (c) in sub-section (3), for "Secretary" substitute "Director". 41. Immediate power of suspension In section 228P of the Transport Act 1983— (a) in sub-section (1), for "Secretary" (wherever occurring) substitute "Director"; (b) in sub-section (2), for "Secretary" substitute "Director"; (c) in sub-section (3), for "Secretary" (wherever occurring) substitute "Director"; (d) in sub-section (4), for "Secretary" substitute "Director"; (e) in sub-section (6), for "Secretary" substitute "Director". 42. Tribunal reviews In section 228R(1) of the Transport Act 1983, for "Secretary" substitute "Director". Sch. 1 -- 95 of 99 -- Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 91 43. Prosecutions In section 229 of the Transport Act 1983— (a) in sub-section (1), after "Secretary" insert ", the Director"; (b) in sub-section (1AA), for "Secretary" substitute "Director"; (c) in sub-section (1A)(b), for "Secretary" substitute "Director"; (d) in sub-section (1B)(a), after "Secretary" insert ", the Director". 44. Evidentiary provisions In section 230(4) of the Transport Act 1983, after "Secretary" (wherever occurring) insert ", the Director". PART 2 Section 31(2) 45. Victorian Taxi Directorate Division 4 of Part VI of the Transport Act 1983 is repealed. __________________ Sch. 1 -- 96 of 99 -- Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 92 SCHEDULE 2 Section 36 CONSEQUENTIAL AMENDMENT OF PUBLIC TRANSPORT COMPETITION ACT 1995 1. Definition In section 3(1) of the Public Transport Competition Act 1995 in the definition of "working day"— (a) for "Secretary" substitute "Director"; (b) for "Department of Infrastructure" substitute "Director". 2. Purpose of accreditation In section 6(c) of the Public Transport Competition Act 1995, for "Secretary" substitute "Director". 3. Nature of service contracts In section 27 of the Public Transport Competition Act 1995— (a) in sub-section (3)(f), omit "Secretary or the"; (b) in sub-section (5), omit "Secretary or the". 4. Regions or routes of operation In section 28(3) of the Public Transport Competition Act 1995, omit "Secretary or the". 5. New services In section 29 of the Public Transport Competition Act 1995— (a) in sub-section (1), omit "Secretary or the" (wherever occurring); (b) in sub-section (2), omit "Secretary or the". 6. Variation, suspension or cancellation of service contracts In section 30 of the Public Transport Competition Act 1995— (a) in sub-section (1), omit "Secretary or the" (wherever occurring); (b) in sub-section (2), omit "Secretary or the"; Sch. 2 -- 97 of 99 -- Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 93 (c) in sub-section (4), omit "Secretary or the" (wherever occurring). 7. Fees In section 34 of the Public Transport Competition Act 1995— (a) in sub-section (1), for "Secretary" substitute "Director"; (b) in sub-section (2), for "Secretary" (wherever occurring) substitute "Director"; (c) in sub-section (3), for "Secretary" substitute "Director"; (d) in sub-section (5), for "Secretary" substitute "Director"; (e) in sub-section (6), for "Secretary" substitute "Director". 8. Delegation Section 35(1) of the Public Transport Competition Act 1995 is repealed. ═══════════════ Sch. 2 -- 98 of 99 -- Transport Legislation (Further Amendment) Act 2006 Act No. 47/2006 94 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 June 2006 Legislative Council: 18 July 2006 The long title for the Bill for this Act was "to amend the Transport Act 1983 to provide for the accrediting of drivers of certain types of vehicles, to confer certain powers on the Director, to make other amendments to the Transport Act 1983, to amend the Rail Corporations Act 1996 with respect to the powers of Rail Track and to make other minor amendments to that Act, to make miscellaneous and minor, and transitional related, amendments to the Rail Safety Act 2006, to make minor amendments to the Transport Legislation (Further Miscellaneous Amendments) Act 2005 and the Public Transport Competition Act 1995 and for other purposes." Endnotes -- 99 of 99 --