Transport (Further Miscellaneous Amendments) Act 2002

i Transport (Further Miscellaneous Amendments) Act 2002 Act No. 32/2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 3 3. Definitions 3 4. Director's functions and powers 4 5. New sections 9A to 9J inserted 4 9A. Acquisition of land 4 9B. Director may use Crown lands reserved under Crown Land (Reserves) Act 1978 6 9C. Clearance of trees etc. 7 9D. No obligation to fence 8 9E. Power to break up roads, etc. 9 9F. Power to install stopping places, etc. 10 9G. Level crossings 10 9H. Tram infrastructure 11 9I. Overhead power supply 12 9J. Power to stop traffic 12 6. Definitions inserted in Part VI 13 7. New section 129VA inserted 14 129VA. Audit of medical records of safety workers 14 8. Commercial passenger vehicle licences 15 9. New section 142 substituted 15 142. Hire cars and special purpose vehicles 15 10. Taxi-cab licences 17 11. New section 144A inserted 19 144A. Determination of taxi fares or hiring rates 19 12. Cancellation or alteration of commercial passenger vehicle licences 20 13. New sections 158B and 158C inserted 20 158B. Offences relating to security cameras and privacy of passengers 20 158C. Agreements in relation to images obtained from security cameras 22 14. Regulations 23 -- 1 of 41 -- Section Page ii 15. New section 170 inserted 24 170. Objectives of Division 24 16. Trade towing of motor cycles 24 17. New section 177A substituted 24 177A. Cooling-off period for certain towing related repair agreements 25 18. New section 183D inserted 26 183D. Police may direct certain persons to leave the immediate vicinity of an accident 26 19. New section 184A substituted 27 184A. Tow truck charges 27 20. New Division 9 inserted in Part VI 28 Division 9—Commission Investigations 28 186. Reference by Minister 28 187. Conduct of investigation 29 188. Objectives not to apply 31 189. Powers relating to investigations 31 190. Reports 32 191. Application of confidentiality provisions of Essential Services Commission Act 2001 33 21. Verification of names and addresses 34 22. New section 255E inserted 35 255E. Supreme Court—limitation of jurisdiction 35 23. Statute Law Revision 35 24. Statute Law Revision—Transport (Further Amendment) Act 2001 36 25. Consequential amendment of Essential Services Commission Act 2001 37 26. New section 12 substituted in Melbourne City Link (Further Miscellaneous Amendments) Act 2002 37 12. Extension of time within which temporary registration may be back-dated 37 ═══════════════ ENDNOTES 39 -- 2 of 41 -- 1 Transport (Further Miscellaneous Amendments) Act 2002 † [Assented to 12 June 2002] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The main purposes of this Act are— (a) to amend the Transport Act 1983— (i) to amend the powers of the Director of Public Transport; (ii) to provide for the audit of the medical records of safety workers; Victoria No. 32 of 2002 -- 3 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 2 (iii) to implement reforms in the tow truck industry; (iv) to remove the public interest test for the issue of small commercial passenger vehicle licences other than taxi-cab licences and provide for licence fees for hire car licences and special purpose vehicle licences, with effect from 9 May 2002; (v) to change the way that taxi fares and tow truck charges are determined; (vi) to provide for the Essential Services Commission to investigate and report on licence fees, taxi fares and tow truck charges; (vii) to regulate the installation and use of security cameras in taxis; (viii) to allow for the accreditation of taxi depots, dispatch networks and taxi operators and drivers; (ix) to strengthen enforcement provisions by providing for verification of names and addresses of suspected offenders; (b) to amend the Essential Services Commission Act 2001 to confer further transport-related functions on the Essential Services Commission; (c) to amend the Melbourne City Link (Further Miscellaneous Amendments) Act 2002 in relation to the backdating of temporary registration. s. 1 -- 4 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 3 2. Commencement (1) This Act, except sections 6(1), 9, 17 and 24, comes into operation on the day after the day on which it receives the Royal Assent. (2) Section 24 is deemed to have come into operation on 2 October 2001. (3) Sections 6(1) and 9 are deemed to have come into operation on 9 May 2002. (4) Subject to sub-section (5), section 17 comes into operation on a day to be proclaimed. (5) If section 17 does not come into operation before 30 June 2003, it comes into operation on that day. 3. Definitions In section 2(1) of the Transport Act 1983 insert the following definitions— ' "rail infrastructure" has the same meaning as in the Rail Corporations Act 1996; "tram infrastructure" has the same meaning as in the Rail Corporations Act 1996;'. s. 2 See: Act No. 9921/1983. Reprint No. 7 as at 31 May 2000 and amending Act Nos 65/2000, 69/2000, 74/2000, 81/2000, 11/2001, 44/2001, 54/2001, 61/2001, 62/2001 and 94/2001. Law Today: www.dms. dpc.vic. gov.au -- 5 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 4 4. Director's functions and powers (1) In section 9(2) of the Transport Act 1983, after paragraph (a) insert— "(ab) develop or improve land for any purposes relating to, or connected with, the provision of passenger services or other transport services;". (2) In section 9(4) of the Transport Act 1983, after paragraph (b) insert— "(ba) operate services ancillary or incidental to the operation of a passenger service; (bb) acquire, own, build, maintain and operate rail infrastructure and tram infrastructure;". 5. New sections 9A to 9J inserted After section 9 of the Transport Act 1983 insert— '9A. Acquisition of land (1) Subject to the approval of the Minister, the Director may on behalf of the Crown purchase or compulsorily acquire any land which is or may be required by the Director for or in connection with the performance of his or her functions or the exercise of his or her powers. (2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose— (a) the Transport Act 1983 is the special Act; and (b) the Director is the Authority; and s. 4 -- 6 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 5 (c) "land" includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land; and (d) section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority to enter any land and section 75(6) did not apply. (3) In full or part settlement of any compensation that the Director is liable to pay, the Director may on behalf of the Crown— (a) transfer a building from land owned by a person entitled to the compensation to other land owned either by that person or by the Director on behalf of the Crown; or (b) transfer a building from land owned by the Director on behalf of the Crown to other land owned either by the Director on behalf of the Crown or by a person entitled to the compensation. (4) If the Director acquires any land compulsorily under this section— (a) the Director may on behalf of the Crown require the owner of the land to take any land adjoining it that is owned by the Director on behalf of the Crown and is no longer required by the Director on behalf of the Crown; and (b) the value of that adjoining land must be deducted from any sum to be paid by way of compensation to the owner for the compulsory acquisition; and s. 5 -- 7 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 6 (c) if that value cannot be agreed between the Director on behalf of the Crown and the owner it must be settled in the same manner and at the same time as the compensation to be paid to the owner. (5) 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 notwithstanding that there is no land vested in the Director on behalf of the Crown which is in fact benefited or capable of being benefited by that right. (6) 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— (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. (7) Sub-section (6) does not apply to an easement acquired compulsorily by the Director on behalf of the Crown. 9B. Director may use Crown lands reserved under Crown Land (Reserves) Act 1978 (1) The Director, with the approval of the Minister administering the Land Act 1958 ("the relevant Minister") given after consultation with any other Ministers concerned with the management or use of the s. 5 -- 8 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 7 land, may on behalf of the Crown use any Crown land for transport purposes. (2) If any Crown land proposed to be so used by the Director is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use, the Director must not use the land unless and until the reservation is revoked in accordance with section 9 of that Act. 9C. Clearance of trees etc. (1) The Director may on behalf of the Crown, by written notice, require the owner or occupier of any land to fell and remove any tree or wood on that land that is within 60 metres of a railway track operated or maintained by the Director on behalf of the Crown and that could obstruct or endanger the railway track or obstruct a view of a signal box from any portion of the railway track. (2) Notice under sub-section (1) may be served on an owner or occupier— (a) personally; or (b) by sending it by post to the owner or occupier at that person's usual or last known residential or business address; or (c) by leaving it at the usual or last known residential or business address of the owner or occupier with a person on the premises who is apparently at least 16 years old and apparently residing or employed there; or (d) in a manner prescribed by any other Act or law for service on a person or class of person of the same type as the owner or occupier; or s. 5 -- 9 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 8 (e) if the identity or address of the owner or occupier is not known— (i) by displaying it on the land; and (ii) by publishing a copy of it and a description of the land in a newspaper circulating generally in Victoria. (3) In exercising a power under sub-section (1), the Director must act reasonably. (4) If the owner or occupier of the land does not comply with the notice within the time specified in the notice, the Director may— (a) enter the land at any reasonable time and carry out the work specified in the notice; and (b) recover on behalf of the Crown the cost of carrying out the work from the owner or occupier as a debt. (5) A power of the Director under this section may be exercised by— (a) the Director personally; or (b) any other person who is authorised in writing by the Director; or (c) any officer or employee of a person referred to in paragraph (b). 9D. No obligation to fence (1) Despite any Act or rule of law to the contrary, neither the Director nor the Crown— (a) is required to fence or contribute to the fencing of any portion of a railway or tramway; s. 5 -- 10 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 9 (b) is liable for any damage that may be caused by reason of any railway or tramway not being fenced in or fenced off. (2) The Director may, but is not obliged to, erect and maintain such fences in connection with a railway or tramway as he or she thinks proper. 9E. Power to break up roads, etc. (1) After consultation with the Roads Corporation and any relevant municipal council, the Director may on behalf of the Crown— (a) open and break up, and divert traffic from, any road on or adjacent to which there is rail infrastructure or tram infrastructure that is operated or maintained by the Director on behalf of the Crown; and (b) take possession of, and use, the whole or any portion of such a road. (2) In exercising a power under sub-section (1), the Director must act reasonably. (3) A power of the Director under this section may be exercised by— (a) the Director personally; or (b) any other person who is authorised in writing by the Director; or (c) any officer or employee of a person referred to in paragraph (b). s. 5 -- 11 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 10 9F. Power to install stopping places, etc. (1) After consultation with the Roads Corporation and any relevant municipal council, the Director may on behalf of the Crown install, remove or re-locate stopping places and associated facilities for passenger services on any road on or adjacent to which there is tram infrastructure that is operated or maintained by the Director on behalf of the Crown. (2) In exercising a power under sub-section (1), the Director must act reasonably. (3) A power of the Director under this section may be exercised by— (a) the Director personally; or (b) any other person who is authorised in writing by the Director; or (c) any officer or employee of a person referred to in paragraph (b). 9G. Level crossings (1) Despite anything to the contrary in any other Act or law, the Director may on behalf of the Crown— (a) use level crossings connecting parts of the rail infrastructure or tram infrastructure to which an agreement, lease or licence relating to, or connected with, a service provided by or on behalf of the Director applies (being an agreement, lease or licence entered into between the Director on behalf of the Crown and Rail Track) subject to and in accordance with that agreement, lease or licence; and s. 5 -- 12 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 11 (b) close the level crossing to road traffic while the railway track or tramway track is in use, subject to and in accordance with that agreement, lease or licence. (2) A power of the Director under this section may be exercised by the Director personally or by a person authorised in accordance with the agreement, lease or licence referred to in sub-section (1) to exercise a power conferred on the Director under this section, subject to any terms and conditions specified in the authorisation. 9H. Tram infrastructure (1) Despite anything to the contrary in any other Act or law, the Director may on behalf of the Crown use tram infrastructure to which an agreement, lease or licence relating to, or connected with, a passenger service provided by or on behalf of the Director applies (being an agreement, lease or licence entered into between the Director on behalf of the Crown and Rail Track) subject to and in accordance with that agreement, lease or licence. (2) A power of the Director under this section may be exercised by the Director personally or by a person authorised in accordance with the agreement, lease or licence referred to in sub-section (1) to exercise a power conferred on the Director under this section, subject to any terms and conditions specified in the authorisation. (3) Nothing in this section is to be taken as limiting any other power of the Director, including the Director's powers under section 9(4)(bb). s. 5 -- 13 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 12 9I. Overhead power supply (1) The Director, after consultation with the Roads Corporation or any relevant municipal council, may on behalf of the Crown install, remove or relocate rail infrastructure or tram infrastructure consisting of structures comprising or supporting overhead electrical power supply systems situated on or over, or partly on or over, property of the Roads Corporation or the municipal council. (2) In exercising a power under sub-section (1), the Director must act reasonably. (3) A power of the Director under this section may be exercised by— (a) the Director personally; or (b) any other person who is authorised in writing by the Director; or (c) any officer or employee of a person referred to in paragraph (b). 9J. Power to stop traffic (1) The Director, subject to the agreement, lease or licence relating to, or connected with, the provision of a service or to a lease of rail infrastructure or tram infrastructure (being an agreement, lease or licence entered into between the Director on behalf of the Crown and Rail Track)— (a) after consultation with the Roads Corporation and any relevant municipal council, may stop traffic in circumstances where it is reasonably necessary to do so; (b) in an emergency, may stop traffic. s. 5 -- 14 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 13 (2) In exercising a power under sub-section (1), the Director must act reasonably. (3) A power of the Director under this section may be exercised by the Director personally or by a person authorised in accordance with the agreement, lease or licence referred to in sub-section (1) to exercise a power conferred on the Director under this section, subject to any terms and conditions specified in the authorisation.'. 6. Definitions inserted in Part VI (1) In section 86(1) of the Transport Act 1983, insert the following definitions— ' "hire car licence" means a commercial passenger vehicle licence in respect of a vehicle which operates or is to operate as a hire car; "special purpose vehicle licence" means a commercial passenger vehicle licence in respect of a vehicle which operates or is to operate as a special purpose vehicle;'. (2) In section 86(1) of the Transport Act 1983, insert the following definitions— ' "Commission" means the Essential Services Commission established under the Essential Services Commission Act 2001; "motor cycle" has the same meaning as in the Road Safety Act 1986; "restricted hire vehicle licence" means a commercial passenger vehicle licence in respect of a vehicle which operates or is to operate as a restricted hire vehicle; "taxi-cab licence" means a commercial passenger vehicle licence in respect of a s. 6 -- 15 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 14 vehicle which operates or is to operate as a taxi-cab;'. 7. New section 129VA inserted After section 129V of the Transport Act 1983 insert— '129VA. Audit of medical records of safety workers (1) The Secretary or an inspector may from time to time and in accordance with the regulations conduct an audit of any medical records of people employed or engaged to perform railway safety work that are held by a person accredited under this Division or by a contractor of an accredited person. (2) An audit under this section consists of an inspection of the medical records to establish whether the accredited person or contractor has in place appropriate medical examination procedures and health monitoring systems to ensure that people employed or engaged by the accredited person or contractor to perform railway safety work are medically fit for the work they are required to perform. (3) For the purposes of an audit under this section, an accredited person or contractor must give the Secretary or an inspector access to the medical record of any person employed or engaged to perform railway safety work that is held by the accredited person or contractor. (4) The regulations may establish procedures for the conduct of audits under this section, including procedures to ensure the confidentiality of medical records. (5) In this section— s. 7 -- 16 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 15 "railway safety work" has the same meaning as in section 129X.'. 8. Commercial passenger vehicle licences In the Transport Act 1983— (a) in section 141(1), for "Sections 142, 143 and 146 do not apply" substitute "Section 146 does not apply"; (b) section 141A is repealed; (c) in section 141B, sub-section (1) is repealed. 9. New section 142 substituted For section 142 of the Transport Act 1983 substitute— "142. Hire cars and special purpose vehicles (1) Subject to this Division, the licensing authority must not grant an application for a hire car licence or a special purpose vehicle licence unless the licensing authority is satisfied that the applicant is a fit and proper person to hold the licence and— (a) the granting of the licence is consistent with any determination of policy made by the Minister under section 89; or (b) the Minister has approved the granting of the licence notwithstanding any inconsistency with a determination of policy made by him or her under section 89. (2) Subject to sub-section (7), a fee must be paid for a hire car licence or a special purpose vehicle licence granted on or after 9 May 2002. s. 8 -- 17 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 16 (3) The fee is an amount determined from time to time by the Minister by Order published in the Government Gazette. (4) Subject to sub-section (5), the fee is payable— (a) if the licence is granted before the day on which the Transport (Further Miscellaneous Amendments) Act 2002 receives the Royal Assent— within the period after that day specified by the licensing authority; or (b) in any other case—before the licence is granted. (5) The licensing authority may allow a licence fee to be paid by instalments and may issue a certificate evidencing the grant of the licence on the payment of the first instalment. (6) The licensing authority may suspend or cancel a licence if— (a) an instalment is not paid by the due date; or (b) in the case of a licence referred to in sub-section (4)(a), the licence fee is not paid within the period specified under that sub-section. (7) This Act, as in force immediately before 9 May 2002, continues to apply to the granting of a hire car licence or a special purpose vehicle licence if the application for the licence was made before that day. (8) Section 143 does not apply to the granting or refusal of a hire car licence or a special purpose vehicle licence if the application for the licence is made on or after 9 May 2002.". s. 9 -- 18 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 17 10. Taxi-cab licences (1) Insert the following heading to section 143 of the Transport Act 1983— "Taxi-cab licences". (2) In section 143 of the Transport Act 1983— (a) in sub-section (1), for "licence to which section 141A or 142 applies" substitute "taxi-cab licence,"; (b) in sub-section (3)— (i) for "commercial passenger vehicle licence" substitute "taxi-cab licence"; (ii) in paragraph (b), after "him" insert "or her". (3) In section 143 of the Transport Act 1983, after sub-section (3) insert— "(4) This section does not apply to the granting of a taxi-cab licence to operate in an area proclaimed as a taxi-cab zone under section 143A.". (4) In section 144(2) of the Transport Act 1983— (a) in paragraph (d)(i), for "the Secretary" substitute "the Minister"; (b) after paragraph (d) insert— "(da) that any late night surcharge payable by a passenger in a taxi-cab is to be retained by the driver of the taxi-cab;". (5) In section 144 of the Transport Act 1983, after sub-section (2) insert— s. 10 -- 19 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 18 '(3) In addition to the conditions implied by sub- section (1), the following are implied conditions of every taxi-cab licence— (a) that wireless equipment capable of transmitting images or data obtained from the use of a surveillance camera installed in the taxi-cab must not be installed in the taxi-cab; and (b) that equipment capable of making an audio recording, other than an emergency warning device, must not be installed in the taxi-cab. (4) A person who breaches a licence condition implied by sub-section (3) is guilty of an offence. Penalty: 10 penalty units for a first offence; 20 penalty units for a subsequent offence. (5) If a taxi-cab licence is subject to the condition referred to in sub-section (2)(da), a late night surcharge paid by a passenger in a taxi-cab may be retained by the driver of the taxi-cab despite any provision of any contract or agreement to the contrary. (6) Sub-section (5) applies to a contract or agreement whether entered into before or after the commencement of section 10 of the Transport (Further Miscellaneous Amendments) Act 2002. (7) Sub-sections (2)(d)(i) (as amended by section 10(4)(a) of the Transport (Further Miscellaneous Amendments) Act 2002), (2)(da) and (3) apply to a taxi-cab licence whether granted before or after the commencement of section 10 of that Act. s. 10 -- 20 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 19 (8) For the purposes of the licence condition referred to in sub-section (2)(d)(i), a determination by the Secretary of fares or hiring rates that was in force immediately before the commencement of section 10 of the Transport (Further Miscellaneous Amendments) Act 2002 is taken to be a determination of the Minister, until the Minister makes a determination under section 144A. (9) In this section— "emergency warning device" means an emergency warning device required to be installed in a taxi-cab under the regulations that is capable of activating an audio recording in the case of an emergency; "late night surcharge" means that part of a taxi-cab fare or hiring rate specified as a late night surcharge under section 144A(3).'. 11. New section 144A inserted After section 144 of the Transport Act 1983 insert— "144A. Determination of taxi fares or hiring rates (1) For the purposes of the licence condition referred to in section 144(2)(d)(i), the Minister may from time to time determine the taxi-cab fares or hiring rates that may be charged. (2) The Minister cannot determine a fare or hiring rate under sub-section (1) unless he or she— (a) has referred the matter to the Commission for investigation under s. 11 -- 21 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 20 Division 9 and has received the Commission's report on the investigation; and (b) has received a report from the Director. (3) The Minister may specify part of a fare or hiring rate as a late night surcharge.". 12. Cancellation or alteration of commercial passenger vehicle licences In the Transport Act 1983— (a) in section 146, sub-sections (3), (4), (6) and (7) are repealed; (b) section 146A is repealed. 13. New sections 158B and 158C inserted After section 158A of the Transport Act 1983 insert— '158B. Offences relating to security cameras and privacy of passengers (1) A person must not download or print an image or other data obtained from the use of a security camera installed in a taxi-cab unless— (a) the person is acting in accordance with— (i) an agreement under section 158C; and (ii) the regulations; or (b) the person is employed in the Department and is acting in accordance with— (i) the written authorisation of the Secretary; and (ii) the regulations. s. 12 -- 22 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 21 Penalty: In the case of a natural person, 240 penalty units; In the case of a body corporate, 1200 penalty units. (2) A person must not— (a) possess, publish, transmit or disclose to any other person an image or other data obtained from the use of a security camera in a taxi-cab; or (b) transmit images or data directly from a security camera in a taxi-cab— unless the person is acting in accordance with— (c) the written authorisation of the Secretary; and (d) the regulations. Penalty: In the case of a natural person, 240 penalty units; In the case of a body corporate, 1200 penalty units. (3) The Secretary's written authorisation for the purpose of sub-section (1)(b) or (2) is subject to— (a) any conditions determined by the Secretary and specified in the authorisation; and (b) any conditions prescribed by the regulations. (4) A person must not make an audio recording of any person who has hired a taxi-cab ("the passenger") while the passenger is travelling in the taxi-cab. s. 13 -- 23 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 22 Penalty: In the case of a natural person, 240 penalty units; In the case of a body corporate, 1200 penalty units. (5) Sub-section (4) does not apply to an audio recording resulting from the operation of an emergency warning device within the meaning of section 144(9). (6) Nothing in this section— (a) applies to prohibit anything done by a member of the police force in the course of his or her duty that would be lawful apart from this section; or (b) affects or takes away from the provisions of the Surveillance Devices Act 1999. 158C. Agreements in relation to images obtained from security cameras (1) The Secretary may make an agreement with a person for the downloading or printing of images or other data obtained from the use of a security camera installed in a taxi-cab. (2) The agreement may authorise the person with whom it is made, or a person employed or engaged by that person, to download or print images or other data obtained from the use of a security camera installed in a taxi- cab, on the terms and conditions contained in the agreement. (3) The Information Privacy Act 2000 applies to a person with whom the Secretary makes an agreement under this section as if— (a) the person were a contracted service provider; and s. 13 -- 24 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 23 (b) the agreement were a State contract— within the meaning of that Act. (4) Without limiting the application of sub- section (3), an agreement under this section between the Secretary and a person must provide for the person to be bound by the Information Privacy Principles under the Information Privacy Act 2000 and any applicable code of practice under that Act with respect to any act done, or practice engaged in, by the person for the purposes of the agreement in the same way and to the same extent as the Secretary would have been bound by them in respect of that act or practice had it been directly done or engaged in by the Secretary.'. 14. Regulations (1) In section 162(1) of the Transport Act 1983, after paragraph (ba) insert— "(bb) without limiting paragraph (b)— (i) requiring the installation of security cameras in taxi-cabs; and (ii) regulating the installation and use of security cameras in taxi-cabs and the downloading, printing, possession, publication, transmission and disclosure of images or other data obtained from them;". (2) In section 162(1) of the Transport Act 1983, after paragraph (n) insert— s. 14 -- 25 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 24 "(na) the accreditation of taxi depots and communications networks that receive and dispatch bookings on behalf of taxi-cabs; (nb) the accreditation of taxi-cab licensees and taxi-cab drivers;". 15. New section 170 inserted After the heading to Division 8 of Part VI of the Transport Act 1983 insert— "170. Objectives of Division The objectives of this Division are to— (a) protect vehicle owners in their dealings with tow truck operators and vehicle repairers; (b) promote the safe and timely clearance of damaged vehicles from accident scenes; (c) prevent undesirable behaviour by tow truck operators.". 16. Trade towing of motor cycles In section 172(4) of the Transport Act 1983— (a) in paragraph (b), for "area." substitute "area; or"; (b) after paragraph (b) insert— "(c) to operate a tow truck for the trade towing of a motor cycle.". 17. New section 177A substituted For section 177A of the Transport Act 1983 substitute— s. 15 -- 26 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 25 '177A. Cooling-off period for certain towing related repair agreements (1) Subject to sub-section (2), if— (a) the owner of a damaged motor vehicle (or a person authorised by the owner) signs an authority to repair the vehicle; and (b) after the accident in which the vehicle was last damaged, the vehicle was towed to the place specified in the authority to tow; and (c) the vehicle was still in or near that place at the time of the signing of the authority to repair— the owner of the vehicle (or the owner's agent) may, within 72 hours after the signing of the authority to repair, revoke the authority to repair by giving written notice to the person to whom the authority was given or to an employee of that person. (2) The owner of a vehicle (or the owner's agent) cannot revoke an authority to repair the vehicle if, following the period of 48 hours after the signing of the authority, the owner or agent signs a written waiver of the right to revoke the authority. (3) If an authority to repair is revoked under this section, the owner is not liable to the person to whom the authority was given for— (a) any damages or costs arising as a result of the signing of the authority or the revocation of the authority; or s. 17 -- 27 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 26 (b) the cost of any work performed on the vehicle after it was towed to the storage place. (4) In this section— "authority to repair" includes any document that authorises the repair of a vehicle, regardless of the form of the document.'. 18. New section 183D inserted After section 183C of the Transport Act 1983 insert— '183D. Police may direct certain persons to leave the immediate vicinity of an accident (1) A member of the police force may direct a person referred to in sub-section (2) to leave the immediate vicinity of an accident if the member believes on reasonable grounds that the person's presence is— (a) causing an unwarranted obstruction to traffic; or (b) hindering efforts to attend to injured persons or damaged property; or (c) otherwise hindering or obstructing the orderly salvage, recovery, removal or towing of a vehicle from the place where the accident occurred. (2) The persons to whom a direction may be given under sub-section (1) are— (a) the holder of a tow truck licence; (b) a tow truck driver; s. 18 -- 28 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 27 (c) a person who carries out, or is engaged in the business of carrying out, repair work on damaged motor vehicles; (d) a person acting on behalf of a person referred to in paragraph (a), (b) or (c). (3) A person must not, without reasonable excuse, fail to comply with a direction given to him or her under sub-section (1). Penalty: 50 penalty units. (4) Sub-section (1) is in addition to any other powers of a member of the police force under any Act or at common law for or with respect to maintaining public order. (5) In this section, the "immediate vicinity" of an accident means the area within a 500 metre radius from the approximate place of the accident.'. 19. New section 184A substituted For section 184A of the Transport Act 1983 substitute— "184A. Tow truck charges (1) The Minister may from time to time determine the amounts that may be charged by operators of tow trucks for the towing and storage of damaged motor vehicles. (2) The Minister cannot determine an amount under sub-section (1) unless he or she— (a) has referred the matter to the Commission for investigation under Division 9 and has received the s. 19 -- 29 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 28 Commission's report on the investigation; and (b) has received a report from the Director. (3) A determination made under sub-section (1) takes effect when it is published in the Government Gazette or on the later date specified in the determination. (4) Until the Minister makes a determination under this section, a determination by the licensing authority of the amounts that may be charged for the towing and storage of damaged motor vehicles that was in force immediately before the commencement of section 19 of the Transport (Further Miscellaneous Amendments) Act 2002 is taken to be a determination of the Minister under this section.". 20. New Division 9 inserted in Part VI After Division 8 of Part VI of the Transport Act 1983 insert— 'Division 9—Commission Investigations 186. Reference by Minister (1) The Commission must conduct an investigation into any matter relating to— (a) licence fees for hire car licences or special purpose vehicle licences; or (b) taxi-cab fares or hiring rates; or (c) tow truck charges— that the Minister by written notice refers to the Commission for investigation under this Division. s. 20 -- 30 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 29 (2) The Minister must consult with the Minister administering the Essential Services Commission Act 2001 before referring a matter to the Commission. (3) The written notice must specify the terms of reference for the investigation. (4) The Minister referring a matter— (a) may specify a period within which a report is to be submitted to the Minister; (b) may require the Commission to make a draft report publicly available or available to specified persons or bodies during the investigation; (c) may require the Commission to consider specified matters; (d) may give the Commission specific directions in respect of the conduct of the investigation; (e) may specify objectives that the Commission is to have in performing its functions and exercising its powers in relation to the investigation. (5) If the Minister has referred a matter to the Commission for investigation, the Minister may, by written notice given to the Commission, withdraw or amend the reference at any time before the Minister has received the report from the Commission. (6) The Minister must cause a notice given to the Commission under this section to be published in the Government Gazette. 187. Conduct of investigation s. 20 -- 31 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 30 (1) Subject to this Act and any directions under section 186(4)(d), the Commission may conduct an investigation under this Division in any manner the Commission considers appropriate. (2) In conducting an investigation, the Commission is not bound by rules or practices as to evidence but may inform itself in relation to any matter in any manner the Commission considers appropriate. (3) The Commission may receive written submissions or statements. (4) If the Commission holds a public hearing— (a) the Commission has a discretion as to whether any person may appear before the Commission in person or be represented by another person; (b) the Commission may determine that the hearing, or part of the hearing, be held in private if it is satisfied that— (i) it would be in the public interest; or (ii) the evidence is of a confidential or commercially sensitive nature. (5) In conducting an investigation, the Commission— (a) may consult with any person that it considers appropriate; (b) may hold public seminars and hold workshops; s. 20 -- 32 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 31 (c) may establish working groups and task forces. 188. Objectives not to apply Except to the extent (if any) that the Minister otherwise determines, the objectives of the Commission under the Essential Services Commission Act 2001 or any other Act do not apply to the functions and powers of the Commission under this Division. 189. Powers relating to investigations (1) The Commission may serve upon any person a summons— (a) to provide specified information; (b) to produce specified documents; (c) to appear before the Commission to give evidence. (2) The Commission may make an order for the manner of service, including substituted service, of a summons under sub-section (1). (3) A person must not, without lawful excuse, disobey a summons of the Commission. Penalty: 60 penalty units. (4) It is a lawful excuse for the purposes of sub- section (3) that compliance may tend to incriminate the person or make the person liable to a penalty for any other offence. (5) A person must not give information to the Commission that he or she knows is false or misleading. Penalty: 120 penalty units or imprisonment for 6 months. (6) A person must not— s. 20 -- 33 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 32 (a) threaten, intimidate or coerce another person; or (b) take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, injury or disadvantage— because that other person assisted, or intends to assist, any investigation conducted by the Commission. Penalty: 120 penalty units. (7) Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person because of the making in good faith of a statement, or the giving in good faith of a document or information to the Commission in connection with an investigation under this Division, whether or not the statement is made, or the document or information is given, in connection with a written submission or a public hearing. 190. Reports (1) The Commission must submit a copy of its report on an investigation to the Minister. (2) If, in the opinion of the Commission, a report will contain confidential or commercially sensitive information, the Commission must divide the report into— (a) a document containing the confidential or commercially sensitive information; and (b) another document containing the rest of the report. (3) Any information that the Commission may disclose under section 38 of the Essential s. 20 -- 34 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 33 Services Commission Act 2001 is not confidential or commercially sensitive for the purposes of sub-section (2) unless an appeal panel states that it is imposing a restriction under section 56(7)(b)(i) of that Act. (4) If the Commission submits a final report to the Minister in the form required by sub- section (2), a reference to the final report in sub-sections (5), (6) and (7) is to be read as a reference to the document described in sub- section (2)(b). (5) The Minister must cause a copy of the final report to be laid before each House of the Parliament within 7 sitting days of the House after receiving the final report. (6) The Minister must, after the final report has been laid before each House of the Parliament, or if the Parliament is not sitting, within 30 days after receiving a final report, ensure that a copy of the final report is available for public inspection. (7) After the Minister has made a final report publicly available, the Commission must ensure that copies are made publicly available. 191. Application of confidentiality provisions of Essential Services Commission Act 2001 For the purposes of this Division, section 38 of the Essential Services Commission Act 2001 applies as if— (a) in sub-section (1)(a) of that section, after "section 37, 44 or 51" there were inserted "or section 189 of the Transport Act 1983"; and -- 35 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 34 (b) in sub-section (2)(c)(iii) of that section, after "section 45 or 52" there were inserted "or section 190 of the Transport Act 1983"; and (c) in sub-section (3)(c) of that section, after "section 45(2) or 52(2)" there were inserted "or section 190(2) of the Transport Act 1983".'. 21. Verification of names and addresses (1) In section 218B(4) of the Transport Act 1983, after "made" insert "under sub-section (2)". (2) In section 218B of the Transport Act 1983, after sub-section (6) insert— "(6A) If— (a) a person states a name and address in response to a request made under sub- section (2); and (b) the authorised officer or member of the police force who made the request suspects on reasonable grounds that the stated name or address may be false— the officer or member may request the person to provide evidence of the correctness of the name and address. (6B) A person must comply with a request made under sub-section (6A), unless he or she has a reasonable excuse for not doing so. Penalty: 5 penalty units. s. 21 s. 21 -- 36 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 35 (6C) It is not an offence for a person to fail to comply with a request made under sub- section (6A) if the authorised officer or member of the police force did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request. (6D) An authorised officer or a member of the police force must not divulge to any other person or use for any purpose any information received by the officer or member in response to a request made under sub-section (6A), except— (a) in connection with the administration of this Act or the regulations; or (b) for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of such proceedings. Penalty: 50 penalty units.". 22. New section 255E inserted Before section 256 of the Transport Act 1983 insert— "255E. Supreme Court—limitation of jurisdiction It is the intention of section 189(7) to alter or vary section 85 of the Constitution Act 1975.". 23. Statute Law Revision In the Transport Act 1983— (a) in section 147B(1)(a), omit "164(1A),"; (b) in section 216(1)— s. 22 -- 37 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 36 (i) for "the secretary" substitute "the Secretary"; (ii) in paragraph (b), after "his" insert "or her"; (c) in section 216(2)— (i) after "him" insert "or her"; (ii) after "his" insert "or her"; (iii) for "he" substitute ", the driver"; (d) in section 216(3), for "he" substitute ", the member, officer or person"; (e) in section 217(1) and (3), for "the secretary" (wherever occurring) substitute "the Secretary"; (f) in section 217(4)(a)— (i) for "him" (where first occurring) substitute "the officer or other person"; (ii) after "him" (where secondly occurring) insert "or her". 24. Statute Law Revision—Transport (Further Amendment) Act 2001 In the Transport (Further Amendment) Act 2001— (a) in section 26, in proposed section 263(1)(b), for "Act 2001—" substitute "Act 2001)—"; (b) in the Schedule— (i) in clause 1.58, for "The corporation" substitute "The Corporation"; s. 24 See: Act No. 54/2001. Statute Book: www.dms. dpc.vic. gov.au -- 38 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 37 (ii) in clause 1.66(b)(ii), for "the other Corporation" substitute "the other Corporation,". 25. Consequential amendment of Essential Services Commission Act 2001 In section 10 of the Essential Services Commission Act 2001— (a) in paragraph (h), for "Act." substitute "Act;"; (b) after paragraph (h) insert— "(i) to perform the functions conferred on the Commission by or under Part VI of the Transport Act 1983.". 26. New section 12 substituted in Melbourne City Link (Further Miscellaneous Amendments) Act 2002 For section 12 of the Melbourne City Link (Further Miscellaneous Amendments) Act 2002 substitute— '12. Extension of time within which temporary registration may be back-dated In section 73C of the Melbourne City Link Act 1995, for sub-section (2A) substitute— "(2A) If registration is sought on a particular day for a period of 24 hours, the commencement of the registration may be back-dated to a time not earlier than the beginning of the day that is 3 days before the day on which registration is sought. See: Act No. 13/2002. Statute Book: www.dms. dpc.vic. gov.au s. 26 -- 39 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 38 (2B) If registration is sought for a specified period (other than a period of 24 hours) and is sought— (a) before the end of that specified period or within the period of 2 days immediately following the end of that specified period; or (b) not later than 6 days after the beginning of that specified period— (whichever is the earlier), the commencement of registration may be back-dated to a time not earlier than the beginning of that specified period.".'. ═══════════════ -- 40 of 41 -- Act No. 32/2002 Transport (Further Miscellaneous Amendments) Act 2002 39 ENDNOTES † Minister's second reading speech— Legislative Assembly: 9 May 2002 Legislative Council: 30 May 2002 The long title for the Bill for this Act was "to amend the Transport Act 1983, the Essential Services Commission Act 2001 and the Melbourne City Link (Further Miscellaneous Amendments) Act 2002 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 9 May 2002 Legislative Council: 30 May 2002 Absolute majorities: Legislative Assembly: 29 May 2002 Legislative Council: 5 June 2002 Endnotes -- 41 of 41 --