Transport (Miscellaneous Amendments) Act 2003

i Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY MATTERS 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENTS TO THE TRANSPORT ACT 1983 4 3. Increased penalty for false statements 4 4. Insertion of sections 129WA and 129WB 4 129WA. Codes of practice 4 129WB. Use of codes of practice in proceedings 6 5. Consequential amendments relating to codes of practice 7 6. Grounds of refusal of driver's certificate 7 7. Grounds of revocation of driver's certificate 8 8. Insertion of sections 157A and 157B 9 157A. Extension of meaning of "conviction" as used in sections 156, 157 and 157B 9 157B. Notification of convictions 10 9. Insertion of sections 175A–175D 11 175A. Other conditions of tow truck licence 11 175B. Delayed effect on introduction of new scheme 13 175C. Delayed effect on introduction of new code of practice 14 175D. Delayed effect if new requirements introduced 15 10. Additional regulation-making power 16 11. Divulging of restricted information 16 12. Insertion of section 221T 17 221T. Investigation by Ombudsman 17 13. Minor amendments 18 -- 1 of 30 -- Section Page ii PART 3—AMENDMENTS TO THE RAIL CORPORATIONS ACT 1996 19 Division 1—V/Line Passenger Corporation 19 14. New Division 2A inserted 19 Division 2A—V/Line Passenger Corporation 19 14. Establishment 19 15. Trading name 20 16. V/Line Passenger Corporation not to represent the Crown 20 17. Objective 20 18. Functions and powers 20 15. Consequential amendments 22 16. Consequential amendments to other Acts 23 Division 2—Other Amendments 23 17. Additional functions 23 18. Restrictions concerning participation in certain schemes 24 PART 4—AMENDMENTS TO THE PUBLIC TRANSPORT COMPETITION ACT 1995 25 19. Insertion of sections 24A and 24B 25 24A. Codes of practice 25 24B. Use of codes of practice in proceedings 26 20. Other amendments 27 ═══════════════ ENDNOTES 28 -- 2 of 30 -- 1 Transport (Miscellaneous Amendments) Act 2003 † [Assented to 27 May 2003] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY MATTERS 1. Purposes The main purposes of this Act are— (a) to amend the Transport Act 1983— (i) to provide for codes of practice in relation to rail operations; and Victoria No. 34 of 2003 -- 3 of 30 -- Part 1—Preliminary Matters Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 2 (ii) to enable people who have been convicted of serious offences to be disqualified from applying for driver's certificates for specified periods; and (iii) to provide for schemes of accreditation and codes of practice in the towing industry; and (iv) to enable certain information to be given to a public transport industry ombudsman; and (v) to enable the Ombudsman to investigate the activities of any person authorised to carry out certain public transport related functions, even if the person is an employee of a private company; and (b) to amend the Rail Corporations Act 1996— (i) to establish V/Line Passenger Corporation; and (ii) to ensure that the rail corporations under that Act are able to participate in a public transport industry ombudsman scheme, but only with the approval of the Minister; and (c) to amend the Public Transport Competition Act 1995 to provide for codes of practice in relation to bus operations and to repeal some obsolete provisions. 2. Commencement (1) This Act (other than Division 1 of Part 3) comes into operation on the day after the day on which it receives the Royal Assent. (2) Division 1 of Part 3 comes into operation on a day or days to be proclaimed. s. 2 -- 4 of 30 -- Part 1—Preliminary Matters Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 3 (3) If a provision of this Act does not come into operation before 1 July 2004, it comes into operation on that day. __________________ s. 2 -- 5 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 4 PART 2—AMENDMENTS TO THE TRANSPORT ACT 1983 3. Increased penalty for false statements At the foot of section 91 of the Transport Act 1983 insert— "Penalty: 60 penalty units.". 4. Insertion of sections 129WA and 129WB Before section 129X of the Transport Act 1983 insert— "129WA. Codes of practice (1) For the purpose of providing practical guidance to accredited managers of rail infrastructure, accredited providers and operators of rolling stock and any other person who may be placed under an obligation by or under this Division, the Minister may approve one or more codes of practice. s. 3 See: Act No. 9921/1983. Reprint No. 8 as at 13 June 2002 and amending Act Nos 81/2000 and 54/2001 (as amended by Act No. 32/2002), 94/2001, 32/2002, 35/2002, 37/2002 and 54/2002. LawToday: www.dms. dpc. vic. gov.au -- 6 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 5 (2) A code of practice— (a) may consist of any code, standard, rule, specification or provision relating to any aspect of the management of rail infrastructure or the provision or operation of rolling stock; and (b) may apply, incorporate or refer to any document formulated or published by any body or authority as in force at the time the code of practice is approved, or as amended, formulated or published from time to time. (3) The approval of a code of practice takes effect on the day on which notice of the approval is published in the Government Gazette, or on any later day specified in the notice. (4) The Minister may— (a) approve any revision of the whole, or any part, of an approved code of practice; (b) revoke the approval of a code of practice. (5) The approval of a revision to an approved code of practice takes effect on the day on which notice of the approval of the revision is published in the Government Gazette, or on any later day specified in the notice. (6) The approval of an approved code of practice ceases to be of effect at the end of the day on which notice of the revocation of the approval is published in the Government Gazette, or on any later day specified in the notice. s. 4 -- 7 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 6 (7) The Minister must cause— (a) a current copy of every approved code of practice; and (b) a copy of every document applied, incorporated or referred to in an approved code of practice (in the form in which that document has effect in the code of practice)— to be made available for inspection by members of the public without charge at the office of the Secretary during normal office hours. (8) A person is not liable to any civil or criminal proceedings by reason only that he, she or it has failed to observe any provision of an approved code of practice. 129WB. Use of codes of practice in proceedings (1) This section applies if it is alleged in any proceedings under this Act that a person contravened or failed to comply with a provision of this Act or the regulations in relation to which an approved code of practice provided guidance at the time of the alleged contravention or failure. (2) The approved code of practice is admissible in evidence in the proceedings. (3) If the court is satisfied, in relation to any matter that it is necessary for the prosecution to prove in order to establish the alleged contravention or failure, that— (a) any provision of the approved code of practice is relevant to that matter; and s. 4 -- 8 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 7 (b) the person failed at any material time to observe that provision of the approved code of practice— that matter is to be taken as proved unless the court is satisfied that in respect of that matter the person complied with that provision of this Act or the regulations otherwise than by way of observance of that provision of the approved code of practice.". 5. Consequential amendments relating to codes of practice (1) In the heading to Subdivision 7 of Division 3 of Part 6 of the Transport Act 1983, before "Regulations" insert "Codes of Practice and". (2) After section 117(5) of the Transport Act 1983 insert— "(6) A condition requiring compliance with any provision of a code of practice (whether approved under section 129WA or not) is of no effect.". 6. Grounds of refusal of driver's certificate (1) After section 156(2) of the Transport Act 1983 insert— "(2A) Without limiting the discretion conferred on the licensing authority by sub-section (2), the licensing authority may refuse to grant a person's application for a driver's certificate if the person has been convicted of a level 1 or 2 offence. (2B) If the licensing authority refuses to grant a person's application for a driver's certificate because the person has been convicted of a level 1 or 2 offence, the licensing authority may declare that the person is ineligible to be s. 5 -- 9 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 8 granted a driver's certificate for a specified period. (2C) If the licensing authority makes a declaration, it must give the person notice in writing of the declaration. (2D) The licensing authority must refuse to grant an application for a driver's certificate made by a person while that person is ineligible to be granted a driver's certificate under sub- section (2B) or under section 157(2A)(b). (2E) Sub-sections (2A) and (2B) apply with respect to a conviction for an offence regardless of whether the offence was committed before or after the commencement of section 6 of the Transport (Miscellaneous Amendments) Act 2003.". (2) In section 156(4) of the Transport Act 1983, for "Subject to section 33 of the Public Transport Competition Act 1995, a" substitute "A". 7. Grounds of revocation of driver's certificate (1) After section 157(2) of the Transport Act 1983 insert— "(2A) If the licensing authority is satisfied that a person holding a driver's certificate has been convicted of a level 1 or 2 offence, it may, by notice in writing— (a) revoke the driver's certificate; and (b) declare that the person is ineligible to be granted a driver's certificate for a specified period. (2B) If the licensing authority makes a declaration, it must give the person notice in writing of the declaration. s. 7 -- 10 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 9 (2C) Sub-section (2A)— (a) does not limit the discretion conferred on the licensing authority by sub- section (2)(b); and (b) applies with respect to a conviction for an offence regardless of whether the offence was committed before or after the commencement of section 7 of the Transport (Miscellaneous Amendments) Act 2003.". (2) For sections 157(5) and 157(6) of the Transport Act 1983 substitute— "(5) If the licensing authority suspends or revokes a person's certificate under this section, or makes a declaration in relation to a person under sub-section (2A)(b), the person may appeal against the licensing authority's decision to the Magistrates' Court within 28 days after receiving written notice of the decision. (6) On filing a notice of appeal under sub- section (5) at the Magistrates' Court, the person must give a copy of the notice of appeal to the licensing authority.". 8. Insertion of sections 157A and 157B After section 157 of the Transport Act 1983 insert— '157A. Extension of meaning of "conviction" as used in sections 156, 157 and 157B A reference in section 156, 157 or 157B to a conviction of a person for an offence— (a) includes a reference to a court finding the offence proven against the person, even though the court does not record a s. 8 -- 11 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 10 conviction against the person for the offence; and (b) includes a conviction incurred outside Victoria for an offence that, in the opinion of the licensing authority, corresponds to a level 1 or 2 offence; and (c) includes a conviction for an offence against a Commonwealth Act that, in the opinion of the licensing authority, corresponds to a level 1 or 2 offence. 157B. Notification of convictions (1) This section applies to a person— (a) who— (i) holds a driver's certificate; or (ii) has applied for a driver's certificate but who has not had the application determined; and (b) who becomes aware that he or she has been charged with, or been convicted of— (i) a level 1 or 2 offence; or (ii) an offence against section 64 or 65 of the Road Safety Act 1986. (2) The person must immediately after becoming aware of the charge or conviction give the licensing authority details of the charge or conviction. Penalty: 10 penalty units. (3) Sub-section (2) does not require a person to give the licensing authority any details that he or she has already provided to the licensing authority. s. 8 -- 12 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 11 (4) This section only applies with respect to charges that are laid, or convictions that occur, on or after the date of commencement of section 8 of the Transport (Miscellaneous Amendments) Act 2003.'. 9. Insertion of sections 175A–175D After section 175 of the Transport Act 1983 insert— "175A. Other conditions of tow truck licence (1) The purpose of this section is to facilitate— (a) the achievement of the objectives of this Division (as set out in section 170) with respect to accident towing and heavy accident towing; and (b) the maintenance of public confidence in the accident towing and heavy accident towing industries. (2) The licensing authority may, from time to time, determine that all the holders of accident towing licences or heavy accident tow truck towing licences— (a) must be accredited to operate in the relevant towing industry under a specified industry accreditation scheme; or (b) must observe one or more specified codes of practice that provide guidance to the operators of tow trucks. (3) The licensing authority may only make such a determination if— (a) in respect of an accreditation scheme, the scheme is confined to the matters specified in the regulations as matters that may be dealt with by an s. 9 -- 13 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 12 accreditation scheme for the purposes of this section; and (b) in respect of a code of practice, the code is confined to the matters specified in the regulations as matters that may be dealt with by a code of practice for the purposes of this section; and (c) the scheme or code of practice otherwise complies with the regulations. (4) If the licensing authority makes a determination under sub-section (2)(a), it is an implied condition of an accident towing licence or a heavy accident tow truck towing licence (as the case may be) that the holder of the licence be accredited to operate in the towing industry under the accreditation scheme specified in the determination. (5) If the licensing authority makes a determination under sub-section (2)(b), it is an implied condition of an accident towing licence or a heavy accident tow truck towing licence (as the case may be) that the holder of the licence must observe the provisions of the code or codes of practice specified in the determination. (6) Sub-sections (4) and (5) do not apply to a licence until the holder of the licence is given notice of the determination by the licensing authority by written notice addressed to the holder of the licence. s. 9 -- 14 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 13 (7) Subject to sub-sections (4) and (5) and section 181, a person is not liable to any civil or criminal proceedings by reason only that he, she or it— (a) is not accredited under an accreditation scheme that is the subject of a determination; or (b) has failed to observe any provision of a code of practice that is the subject of a determination. 175B. Delayed effect on introduction of new scheme (1) This section applies to any person holding an accident towing or a heavy accident tow truck towing licence immediately before the date the licensing authority makes a determination under section 175A(2)(a) that will apply to that licence. (2) Section 175A(4) does not apply to the licence with respect to the scheme that is the subject of the determination until— (a) the expiry of 2 years after the licensing authority gives the holder of the licence the notice described in section 175A(6) in relation to the scheme; or (b) if any longer period is specified by the licensing authority under sub-section (3), the expiry of that longer period. (3) The licensing authority— (a) may extend the 2 year period referred to in sub-section (2)(a) at any time before the expiry of that period; and (b) may extend an extended period at any time before the expiry of that extended period; and s. 9 -- 15 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 14 (c) may extend a period under this sub- section in relation to the holder of a licence, to a class of licence holders or to all holders of licences to whom the notice was given. (4) If the licensing authority extends a period under sub-section (3) at any time after giving the holder of a licence the notice described in section 175A(6), the licensing authority must give the holder of the licence written notice of the extension. 175C. Delayed effect on introduction of new code of practice (1) This section applies to any person holding an accident towing or a heavy accident tow truck towing licence immediately before the date the licensing authority makes a determination under section 175A(2)(b) that will apply to that licence. (2) In giving the holder of the licence the notice described in section 175A(6), the licensing authority must also state in the notice that the requirements of the code of practice that is the subject of the determination will not apply until a specified date. (3) For the purposes of sub-section (2), the licensing authority must specify a date that will ensure that licence holders have a reasonable, having regard to the nature of the new obligations that will be imposed on them by the code of practice, period of time within which to prepare to comply with those new obligations. s. 9 -- 16 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 15 (4) Section 175A(5) does not apply to the licence with respect to the code of practice that is the subject of the determination until— (a) the date required by sub-section (2) that is specified in the notice; or (b) if any longer period is specified by the licensing authority under sub-section (5), the expiry of that longer period. (5) The licensing authority— (a) may extend the date required by sub- section (2) at any time before that date; and (b) may extend an extended period at any time before the expiry of that extended period; and (c) may extend a period under this sub- section in relation to the holder of a licence, to a class of licence holders or to all holders of licences to whom the notice was given. (6) If the licensing authority extends a period under sub-section (5) at any time after giving the holder of a licence the notice described in section 175A(6), the licensing authority must give the holder of the licence written notice of the extension. 175D. Delayed effect if new requirements introduced (1) This section applies if changes are made to an accreditation scheme or a code of practice that is the subject of a determination made under section 175A. s. 9 -- 17 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 16 (2) Sections 175A(4) and 175A(5) do not apply to a licence with respect to any requirement of an accreditation scheme or code of practice that imposes a new obligation on the holder of the licence until— (a) the holder of the licence is given notice by the licensing authority of the requirement by written notice addressed to him, her or it; and (b) the period specified in the notice as the period of grace that applies in relation to compliance with the requirement expires. (3) For the purposes of sub-section (2)(b), the licensing authority must specify a reasonable period of grace.". 10. Additional regulation-making power After section 185(1)(g) of the Transport Act 1983 insert— "(ga) with respect to matters specified for the purposes of section 175A(3)— (i) what requirements may, or may not, be imposed by an accreditation scheme or code of practice; (ii) what things must, or must not, be included in an accreditation scheme or code of practice;". 11. Divulging of restricted information (1) In section 221(7) of the Transport Act 1983, for "sub-section (8)" substitute "sub-sections (8) and (9)". s. 10 -- 18 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 17 (2) After section 221(8) of the Transport Act 1983 insert— "(9) Sub-section (7) also does not prevent the divulging, use or revealing of information to a person— (a) who the Secretary certifies in writing— (i) is a public transport industry ombudsman; and (ii) has an appropriate privacy protection policy in operation in relation to any information of the nature of the information that is to be divulged to, used by, or revealed to, the person; and (b) who states in writing that the information is needed to investigate or otherwise deal with a complaint concerning public transport made to the person.". 12. Insertion of section 221T After section 221S of the Transport Act 1983 insert— "221T. Investigation by Ombudsman (1) The Ombudsman may enquire into or investigate— (a) any action taken, or not taken, by a person— (i) who is authorised under a relevant provision; or (ii) who is an authorised officer in relation to a transport or ticket infringement under Division 2 of Part VII; or s. 12 -- 19 of 30 -- Part 2—Amendments to the Transport Act 1983 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 18 (iii) who is an authorised officer within the meaning of section 218B— in the person's capacity as an authorised person under the relevant authorising provision; and (b) any matter relating to such an action or inaction. (2) For the purposes of sub-section (1), the Ombudsman Act 1973 applies as if— (a) the employer of the person was a public statutory body within the meaning of that Act; and (b) the senior executive officer of the employer (by whatever title he or she is known) was the principal officer of that public statutory body.". 13. Minor amendments In the Transport Act 1983— (a) in section 7, for "of Transport" substitute "for Transport"; (b) in section 100A(1)(b), for "by the Department" substitute "by the Secretary"; (c) in section 100A(4)(b), for "the restrictions" substitute "any restrictions"; (d) in section 174AB(1)(a), omit "174(4),". __________________ s. 13 -- 20 of 30 -- Part 3—Amendments to the Rail Corporations Act 1996 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 19 PART 3—AMENDMENTS TO THE RAIL CORPORATIONS ACT 1996 Division 1—V/Line Passenger Corporation 14. New Division 2A inserted After Division 2 of Part 2 of the Rail Corporations Act 1996 insert— 'Division 2A—V/Line Passenger Corporation 14. Establishment (1) V/Line Passenger Corporation is established. (2) V/Line Passenger Corporation— (a) is a body corporate with perpetual succession; and (b) is to have an official seal; and (c) may sue and be sued; and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the seal of V/Line Passenger Corporation affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (4) The official seal of V/Line Passenger Corporation must be kept in such custody as V/Line Passenger Corporation directs and must not be used except as authorised by V/Line Passenger Corporation. s. 14 See: Act No. 79/1996. Reprint No. 2 as at 1 January 2001 and amending Act Nos 44/2001, 54/2001, 62/2001 and 20/2002. LawToday: www.dms. dpc.vic. gov.au -- 21 of 30 -- Part 3—Amendments to the Rail Corporations Act 1996 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 20 15. Trading name Despite anything to the contrary in the Business Names Act 1962 or any other act or law, V/Line Passenger Corporation may carry on business under the name "V/Line Passenger". 16. V/Line Passenger Corporation not to represent the Crown V/Line Passenger Corporation is a public authority, but does not represent the Crown. 17. Objective The principal objective of V/Line Passenger Corporation is to perform its functions in an efficient and commercial manner. 18. Functions and powers (1) The functions of V/Line Passenger Corporation are— (a) to operate rural rail passenger services; (b) to operate services ancillary or incidental to its rail passenger services, including road transport passenger services; (c) to efficiently deal with any complaints concerning the way it carries out its functions; (d) to do anything else it is required to do by this or any other Act. (2) For the purpose of carrying out its functions and achieving its objectives, V/Line Passenger Corporation may— (a) enter into contracts, agreements, leases and licences; s. 14 -- 22 of 30 -- Part 3—Amendments to the Rail Corporations Act 1996 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 21 (b) acquire and operate rail infrastructure, rolling stock and other vehicles; (c) engage agents or consultants; (d) act as agent of another person; (e) do any thing else that is necessary or convenient to be done for, or in connection with, achieving that purpose. (3) Without limiting the generality of the functions and powers conferred on it, V/Line Passenger Corporation may— (a) form, or participate in the formation of, or be a member of companies; (b) form, or participate in the formation of, and may participate in, partnerships, trusts, unincorporated joint ventures and other arrangements for the sharing of profits; (c) act as trustee; (d) engage in any business, undertaking or activity incidental to the performance of its functions; (e) make its staff and land and other property vested in or managed by it available for engagement or use by other persons. (4) Despite sub-sections (2) and (3), V/Line Passenger Corporation must not, without the written approval of the Minister— (a) form, or participate in the formation of, or be a member of, or hold shares in, a company that carries out the functions of a public transport industry ombudsman; or s. 14 -- 23 of 30 -- Part 3—Amendments to the Rail Corporations Act 1996 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 22 (b) enter into an agreement with respect to participating in a public transport industry ombudsman scheme. (5) V/Line Passenger Corporation may, with the approval or at the direction of the Minister, cease to perform all or any of its functions. (6) Without limiting, or taking away, any of his or her other powers, the Minister, for and on behalf of the Crown, may be a party to any agreement providing for the sale, assignment, transfer or disposal of all or any part of the property, rights, liabilities, undertaking or business of V/Line Passenger Corporation or to any related franchise or other agreement of any kind.'. 15. Consequential amendments In the Rail Corporations Act 1996— (a) in section 3(1), in the definition of "rail corporation", after "Rail Track" insert ",V/Line Passenger Corporation"; (b) after sections 61(3)(c), 62(4)(c), 64(2)(c) and 67(3)(c) insert— "(d) V/Line Passenger Corporation;"; (c) in sections 64(2)(i) and 67(3)(i), after "paragraph (c)," insert "(d),"; (d) in section 104(2), insert the following definition— ' "V/Line Passenger Corporation" means both— (a) V/Line Passenger Corporation as established under Division 2E of Part 2 before that Division was repealed; and s. 15 -- 24 of 30 -- Part 3—Amendments to the Rail Corporations Act 1996 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 23 (b) V/Line Passenger Corporation as established under Division 2A of Part 2.'. 16. Consequential amendments to other Acts (1) In section 2(1) of the Transport Act 1983, in the definition of "passenger transport company", before paragraph (e) insert— "(d) V/Line Passenger Corporation; or". (2) In Schedule 1 to the Borrowing and Investment Powers Act 1987, after item 23A insert— "23B. V/Line Passenger Corporation 5, 8, 10, 11, 11AA, 11AB, 13, 14, 14A, 15, 20, 20A and 21". (3) In the Treasury Corporation of Victoria Act 1992— (a) in section 36A, in the definition of "public authority", after "Victorian Rail Track," insert "V/Line Passenger Corporation,"; (b) in Schedule 1, after the entry relating to Victorian Rail Track insert— "V/Line Passenger Corporation Rail Corporations Act 1996". Division 2—Other Amendments 17. Additional functions (1) After section 11(1)(bb) of the Rail Corporations Act 1996 insert— "(bc) to efficiently deal with any complaints concerning the way it carries out its functions;". s. 16 -- 25 of 30 -- Part 3—Amendments to the Rail Corporations Act 1996 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 24 (2) After section 18ZJ(1)(b) of the Rail Corporations Act 1996 insert— "(ba) to efficiently deal with any complaints concerning the way it carries out its functions; and". 18. Restrictions concerning participation in certain schemes (1) After section 11(4) of the Rail Corporations Act 1996 insert— "(5) Despite sub-sections (2) and (3), Rail Track must not, without the written approval of the Minister— (a) form, or participate in the formation of, or be a member of, or hold shares in, a company that carries out the functions of a public transport industry ombudsman; or (b) enter into an agreement with respect to participating in a public transport industry ombudsman scheme.". (2) After section 18ZJ(5) of the Rail Corporations Act 1996 insert— "(6) Despite sub-sections (3) and (4), the Authority must not, without the written approval of the Minister— (a) form, or participate in the formation of, or be a member of, or hold shares in, a company that carries out the functions of a public transport industry ombudsman; or (b) enter into an agreement with respect to participating in a public transport industry ombudsman scheme.". __________________ s. 18 -- 26 of 30 -- Part 4—Amendments to the Public Transport Competition Act 1995 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 25 PART 4—AMENDMENTS TO THE PUBLIC TRANSPORT COMPETITION ACT 1995 19. Insertion of sections 24A and 24B After section 24 of the Public Transport Competition Act 1995 insert— "24A. Codes of practice (1) For the purpose of providing practical guidance to accredited operators of road transport passenger services and any other person who may be placed under an obligation by or under this Part, the Minister may approve one or more codes of practice. (2) A code of practice— (a) may consist of any code, standard, rule, specification or provision relating to any aspect of the provision or operation of road transport passenger services; and (b) may apply, incorporate or refer to any document formulated or published by any body or authority as in force at the time the code of practice is approved, or as amended, formulated or published from time to time. (3) The approval of a code of practice takes effect on the day on which notice of the approval is published in the Government Gazette, or on any later day specified in the notice. (4) The Minister may— (a) approve any revision of the whole, or any part, of an approved code of practice; s. 19 See: Act No. 68/1995. Reprint No. 1 as at 22 October 1998 and amending Act Nos 6/1999, 45/1999 and 62/2001. LawToday: www.dms. dpc.vic. gov.au -- 27 of 30 -- Part 4—Amendments to the Public Transport Competition Act 1995 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 26 (b) revoke the approval of a code of practice. (5) The approval of a revision to an approved code of practice takes effect on the day on which notice of the approval of the revision is published in the Government Gazette, or on any later day specified in the notice. (6) The approval of an approved code of practice ceases to be of effect at the end of the day on which notice of the revocation of the approval is published in the Government Gazette, or on any later day specified in the notice. (7) The Minister must cause— (a) a current copy of every approved code of practice; and (b) a copy of every document applied, incorporated or referred to in an approved code of practice (in the form in which that document has effect in the code of practice)— to be made available for inspection by members of the public without charge at the office of the Secretary during normal office hours. (8) A person is not liable to any civil or criminal proceedings by reason only that he, she or it has failed to observe any provision of an approved code of practice. 24B. Use of codes of practice in proceedings (1) This section applies if it is alleged in any proceedings under this Act that a person contravened or failed to comply with a provision of this Act or the regulations in relation to which an approved code of s. 19 -- 28 of 30 -- Part 4—Amendments to the Public Transport Competition Act 1995 Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 27 practice provided guidance at the time of the alleged contravention or failure. (2) The approved code of practice is admissible in evidence in the proceedings. (3) If the court is satisfied, in relation to any matter that it is necessary for the prosecution to prove in order to establish the alleged contravention or failure, that— (a) any provision of the approved code of practice is relevant to that matter; and (b) the person failed at any material time to observe that provision of the approved code of practice— that matter is to be taken as proved unless the court is satisfied that in respect of that matter the person complied with that provision of this Act or the regulations otherwise than by way of observance of that provision of the approved code of practice.". 20. Other amendments In the Public Transport Competition Act 1995— (a) in section 3(1), the definition of "disqualifying offence" is repealed; (b) sections 9(2), 9(3), 31, 32 and 33 are repealed. ═══════════════ s. 20 -- 29 of 30 -- Transport (Miscellaneous Amendments) Act 2003 Act No. 34/2003 28 ENDNOTES † Minister's second reading speech— Legislative Assembly: 9 April 2003 Legislative Council: 8 May 2003 The long title for the Bill for this Act was "to amend the Transport Act 1983, the Rail Corporations Act 1996 and the Public Transport Competition Act 1995 and for other purposes." Endnotes -- 30 of 30 --