Transport (Further Amendment) Act 2001

i Transport (Further Amendment) Act 2001 Act No. 54/2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENTS TO TRANSPORT ACT 1983 AND ROAD SAFETY ACT 1986 3 3. Principal Act 3 4. Amendments to definitions section 3 5. Objects and functions of the Department 4 6. Contracts for the provision of transport service 4 7. Particular powers of Secretary 4 8. Repeal of section 6C 4 9. Repeal of sections 13 and 14 and Division 3A of Part II 4 10. Repeal of section 26A 4 11. Repeal of section 39(2) 4 12. Power of former Corporation to assign its rights and liabilities 4 13. Repeal of section 68A 5 14. Insertion of new section 76A 5 76A. Power to give a guarantee in relation to a contract assigned by the Secretary 5 15. Guarantee provision—Change of references to Treasurer and power to amend guarantee 7 16. Guarantee provision—Repeal of power to execute guarantee in favour of PTC 9 17. Insertion of new section 77A 10 77A. Power to give a guarantee in relation to a contract assigned by the Secretary 10 18. Repeal of sections 79, 80 and 81 12 19. Powers of arrest and removal 12 20. Offences to smoke in carriage etc. in certain circumstances 12 21. Amendment to definition of graffiti clean-up program 12 22. Determination of differences 12 23. Amendment of regulation making power 13 24. Amendment to Schedule 5—provisions with respect to roads 13 -- 1 of 38 -- Section Page ii 25. Consequential amendments to Principal Act and Road Safety Act 1986 13 26. Insertion of new Division 3 of Part 8 13 Division 3—Transitional and Savings Provisions—Transport (Further Amendment) Act 2001 13 257. Definitions 13 258. Transfer of rights and liabilities etc. of PTC to the Secretary on behalf of the Crown 13 259. List of staff to be transferred 16 260. Transfer of staff of PTC 16 261. Savings provision—assignments 18 262. Savings provision—guarantees 18 263. Transitional provision—Power to amend or grant further guarantee on assignment of contract 18 27. Statute law revision 20 PART 3—AMENDMENTS TO THE RAIL CORPORATIONS ACT 1996 21 28. Definitions 21 29. Statute Law Revision 21 30. Removal of power of Minister to direct PTC to enter into lease 21 31. Amendment to requirement to fence 21 32. Amendment to level crossing provision 21 33. Amendment to provision relating to tram infrastructure 22 34. Amendment to provision relating to power to stop traffic 22 35. Amendment of provision relating to prohibited interests 22 36. Insertion of new sections 114 and 115 22 114. Order relating to no obligation to fence 22 115. Order relating to power to stop of traffic 23 PART 4—AMENDMENTS TO OTHER ACTS CONSEQUENT ON THE ABOLITION OF THE PUBLIC TRANSPORT CORPORATION 24 37. Amendment to Transport Accident Act 1986 24 38. Amendment to Transport Superannuation Act 1988 24 39. Amendments to Limitation of Actions Act 1958 24 40. Insertion of new definition of "Rail Track" in Melbourne and Metropolitan Board of Works Act 1958 25 41. Amendments to Melbourne and Metropolitan Board of Works Act 1958 25 42. Amendments to National Rail Corporation (Victoria) Act 1991 26 43. Amendment to Southgate Project Act 1994 26 -- 2 of 38 -- Section Page iii 44. Amendment to Water Industry Act 1994 27 PART 5—AMENDMENTS TO THE MELBOURNE CITY LINK ACT 1995 AND THE MELBOURNE CITY LINK (MISCELLANEOUS AMENDMENTS) ACT 2000 28 45. Temporary Registration 28 46. Offence to give fraudulent information 28 47. Repeal of sunset provisions—Melbourne City Link (Miscellaneous Amendments) Act 2000 28 _________________ SCHEDULE—Consequential amendments to Transport Act 1983 and Road Safety Act 1986 30 ═══════════════ ENDNOTES 35 -- 3 of 38 -- 1 Transport (Further Amendment) Act 2001† [Assented to 2 October 2001] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The main purposes of this Act are— (a) to make provision for the winding-up of the Public Transport Corporation; and (b) to make consequential and other minor amendments to the Transport Act 1983, the Victoria No. 54 of 2001 -- 4 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 2 Rail Corporations Act 1996 and other Acts; and (c) to make amendments to the tolling provisions in the Melbourne City Link Act 1995 and to make other minor amendments to that Act. 2. Commencement (1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-sections (3), (4) and (5) the remaining provisions of this Act (including the items in the Schedule) come into operation on a day or days to be proclaimed. (3) Section 14 is repealed on 29 June 2003, if it has not come into operation before 29 June 2003. (4) Section 17 is repealed on 29 June 2003, if it has not come into operation before 29 June 2003. (5) If a provision referred to in sub-section (2) (that is not a provision to which sub-section (3) or (4) applies) does not come into operation before 30 June 2003, it comes into operation on that day. _______________ s. 2 -- 5 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 3 PART 2—AMENDMENTS TO TRANSPORT ACT 1983 AND ROAD SAFETY ACT 1986 3. Principal Act In this Part, the Transport Act 1983 is called the Principal Act. 4. Amendments to definitions section (1) In section 2(1) of the Principal Act— (a) insert the following definition— ' "former Corporation" means the Public Transport Corporation established under Division 3 of Part 2 of the Transport Act 1983 as in force immediately before the commencement of section 9 of the Transport (Further Amendment) Act 2001;'; (b) the definition of "Administrator" is repealed; (c) the definition of "Associated Authority" is repealed; (d) in the definition of "Corporation", omit "the Public Transport Corporation or"; (e) in the definition of "officer" for "a Corporation" substitute "the Corporation"; See: Act No. 9921. Reprint No. 7 as at 31 May 2000 and amending Act Nos 69/2000, 74/2000 and 81/2000. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 6 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 4 (f) the definition of "Public Transport Corporation" is repealed. (2) In section 2 of the Principal Act, sub-sections (4) (5) and (6) are repealed. 5. Objects and functions of the Department In section 4(2)(aa) of the Principal Act, for "Public Transport Corporation" substitute "former Corporation". 6. Contracts for the provision of transport service In section 5 of the Principal Act— (a) in paragraph (a), for "services; and" substitute "services."; (b) paragraphs (b) and (c) are repealed. 7. Particular powers of Secretary Section 6A(3) of the Principal Act is repealed. 8. Repeal of section 6C Section 6C of the Principal Act is repealed. 9. Repeal of sections 13 and 14 and Division 3A of Part II Sections 13 and 14 and Division 3A of Part II of the Principal Act are repealed. 10. Repeal of section 26A Section 26A of the Principal Act is repealed. 11. Repeal of section 39(2) Section 39(2) of the Principal Act is repealed. 12. Power of former Corporation to assign its rights and liabilities Section 40 of the Principal Act is repealed. s. 5 -- 7 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 5 13. Repeal of section 68A Section 68A of the Principal Act is repealed. 14. Insertion of new section 76A After section 76 of the Principal Act insert— '76A. Power to give a guarantee in relation to a contract assigned by the Secretary (1) Where— (a) the rights and liabilities of the Public Transport Corporation under the relevant contract have been transferred to the Secretary on behalf of the Crown, whether by an assignment or an allocation or by any other operation of law; and (b) those rights and liabilities under that contract are subsequently assigned to another person— the Treasurer may give a guarantee, in favour of any person, guaranteeing the due performance of any obligations of the person to whom the rights and liabilities under the relevant contract are assigned, being obligations arising under the relevant contract. (2) Where— (a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person; and s. 13 -- 8 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 6 (b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under sub-section (1)— the Treasurer may give a guarantee, in favour of any person, guaranteeing the due performance of any obligations of the second-mentioned person arising under the contract. (3) Where— (a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person; and (b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under sub-section (1)— the Treasurer may amend any guarantee given by him under sub-section (1) so that it extends to guaranteeing the due performance of any obligations of the second-mentioned person under the relevant contract. (4) Any sums required by the Treasurer for fulfilling any guarantee given by him under this section must be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the Treasurer from the person whose obligations are guaranteed, in respect of any sums so paid by the Treasurer must be paid into the Consolidated Fund. s. 14 -- 9 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 7 (5) In this section "relevant contract" means the service contract entered into between the Public Transport Corporation and OneLink Transit Systems Pty Ltd ACN 059 733 443 with effect from 24 May 1994 as amended, varied and restated from time to time.'. 15. Guarantee provision—Change of references to Treasurer and power to amend guarantee (1) In section 77(1) of the Principal Act, for "The Minister administering Part 7 of the Financial Management Act 1994" substitute "The Treasurer". (2) In section 77(1A) of the Principal Act, for "The Minister administering Part 7 of the Financial Management Act 1994" substitute "The Treasurer". (3) In section 77(1B) of the Principal Act — (a) for "the Minister administering Part 7 of the Financial Management Act 1994" substitute "the Treasurer"; (b) for "that Minister" substitute "the Treasurer". (4) In section 77 of the Principal Act, after sub- section (1B) insert— "(1C) Where the rights and liabilities of the Public Transport Corporation arising under a contract entered into by the Corporation with a person pursuant to this Act are transferred to another person (whether by allocation or by any other operation of law), the Treasurer may amend any guarantee given by him or her under this section in respect of that contract so that it extends to guaranteeing the due performance of any obligations of that s. 15 -- 10 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 8 other person under the contract (whether or not that other person is the Secretary). (1D) Where— (a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person or transferred to another person (whether by way of allocation or by any other operation of law); and (b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under this section— the Treasurer may give a guarantee, in favour of any person, guaranteeing the due performance of any obligations of the second-mentioned person arising under the contract (whether or not the second- mentioned person is the Secretary). (1E) Where— (a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person or transferred to another person (whether by way of allocation or by any other operation of law); and (b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under this section— the Treasurer may amend any guarantee under this section so that it extends to guaranteeing the due performance of any obligations of the second-mentioned person under the relevant contract (whether or not the second-mentioned person is the Secretary).". s. 15 -- 11 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 9 (5) In section 77(2) of the Principal Act— (a) for "the Minister administering Part 7 of the Financial Management Act 1994" substitute "the Treasurer"; (b) for "that Minister" (wherever occurring) substitute "the Treasurer". (6) In section 77(3) of the Principal Act — (a) for "the Minister administering Part 7 of the Financial Management Act 1994" substitute "the Treasurer"; (b) for "that Minister" substitute "the Treasurer". (7) At the end of section 77 of the Principal Act insert— '(4) In this section "relevant contract" means the service contract entered into between the Public Transport Corporation and OneLink Transit Systems Pty Ltd ACN 059 733 443 with effect from 24 May 1994 as amended, varied and restated from time to time.'. 16. Guarantee provision—Repeal of power to execute guarantee in favour of PTC (1) In section 77(1) of the Principal Act, for "a Corporation" substitute "the Corporation". (2) In section 77(1A) of the Principal Act, for "a Corporation" substitute "the Corporation". (3) In section 77(1B) of the Principal Act, for "a Corporation" substitute "the Corporation". (4) In section 77 of the Principal Act, sub-sections (1C), (1D) and (1E) are repealed. s. 16 -- 12 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 10 (5) In section 77(3) of the Principal Act, for "a Corporation" substitute "the Corporation". (6) In section 77 of the Principal Act, sub-section (4) is repealed. 17. Insertion of new section 77A After section 77 of the Principal Act insert— '77A. Power to give a guarantee in relation to a contract assigned by the Secretary (1) Where— (a) the rights and liabilities of the former Corporation under the relevant contract have been transferred to or vested in the Secretary on behalf of the Crown, whether by an assignment or an allocation or by any other operation of law; and (b) those rights and liabilities under that contract are subsequently assigned to another person— the Treasurer may give a guarantee, in favour of any person, guaranteeing the due performance of any obligations of the person to whom the rights and liabilities under the relevant contract are assigned, being obligations arising under the relevant contract. (2) Where— (a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person; and s. 17 -- 13 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 11 (b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under sub-section (1)— the Treasurer may give a guarantee, in favour of any person, guaranteeing the due performance of any obligations of the second-mentioned person arising under the contract. (3) Where— (a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person; and (b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under sub-section (1)— the Treasurer may amend any guarantee given by him or her under sub-section (1) so that it extends to guaranteeing the due performance of any obligations of the second-mentioned person under the relevant contract. (4) Any sums required by the Treasurer for fulfilling any guarantee given by him or her under this section must be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the Treasurer from the person whose obligations are guaranteed, in respect of any sums so paid by the Treasurer, must be paid into the Consolidated Fund. s. 17 -- 14 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 12 (5) In this section "relevant contract" means the service contract entered into between the former Corporation and OneLink Transit Systems Pty Ltd ACN 059 733 443 with effect from 24 May 1994 as amended, varied and restated from time to time.'. 18. Repeal of sections 79, 80 and 81 Sections 79, 80 and 81 of the Principal Act are repealed. 19. Powers of arrest and removal (1) In section 219(1A) of the Principal Act, in the definition of "relevant employee", paragraph (a) is repealed. (2) In section 219 of the Principal Act, sub-section (7) is repealed. (3) In section 220(1) of the Principal Act, in the definition of "relevant employee", paragraph (a) is repealed. 20. Offences to smoke in carriage etc. in certain circumstances In section 222(3)(e) of the Principal Act, for "the Public Transport Corporation" substitute "a passenger transport company". 21. Amendment to definition of graffiti clean-up program In section 223A(3) of the Principal Act, for "Chief Executive of the Public Transport Corporation" substitute "Secretary". 22. Determination of differences In section 252(1) of the Principal Act, for "a Corporation" substitute "the Corporation". s. 18 -- 15 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 13 23. Amendment of regulation making power In section 256(1)(a) of the Principal Act, for "a Corporation" (where twice occurring) substitute "the Corporation". 24. Amendment to Schedule 5—provisions with respect to roads In clause 26A(5) of Schedule 5 to the Principal Act, for "the Public Transport Corporation" (where twice occurring) substitute "Rail Track". 25. Consequential amendments to Principal Act and Road Safety Act 1986 On the coming into operation of an item in the Schedule, the Act specified in the heading to that item is amended as set out in that item. 26. Insertion of new Division 3 of Part 8 In Part 8 of the Principal Act, after Division 2 insert— 'Division 3—Transitional and Savings Provisions—Transport (Further Amendment) Act 2001 257. Definitions In this Division, "appointed day" means the day on which section 9 of the Transport (Further Amendment) Act 2001 comes into operation. 258. Transfer of rights and liabilities etc. of PTC to the Secretary on behalf of the Crown (1) On the appointed day— (a) the offices of the Administrator of the Public Transport Corporation and the Deputy Administrator of the Public Transport Corporation are abolished s. 23 -- 16 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 14 and the person holding each office goes out of office; and (b) all rights, property and assets that, immediately before the appointed day were vested in the Public Transport Corporation, vest in the Secretary, on behalf of the Crown; and (c) all debts, liabilities and obligations of the Public Transport Corporation existing immediately before the appointed day, become debts, liabilities and obligations of the Secretary, on behalf of the Crown; and (d) the Secretary, on behalf of the Crown, is substituted as a party to any proceedings pending in any court or tribunal to which the Public Transport Corporation was a party immediately before the appointed day; and (e) the Secretary, on behalf of the Crown, is substituted as a party to any arrangement or contract entered into by or on behalf of the Public Transport Corporation and in force immediately before the appointed day; and (f) any reference to the Public Transport Corporation in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the appointed day, and if not inconsistent with the context or subject-matter, must be construed as a reference to the Secretary, on behalf of the Crown. s. 26 -- 17 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 15 (2) Nothing effected under sub-section (1) or done or suffered under sub-section (1)— (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; (b) is to be regarded as placing any person in breach of, or as constituting a default under any Act or other law or obligation or any provision in any agreement or understanding, including, but not limited to, any provision or obligation prohibiting or restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; (c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligor wholly or in part from any obligation. s. 26 -- 18 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 16 259. List of staff to be transferred The Secretary must list in writing the officers and employees of the Public Transport Corporation employed by the Public Transport Corporation immediately before the appointed day who are to be employed under Part 3 of the Public Sector Management and Employment Act 1998. 260. Transfer of staff of PTC (1) A person listed under section 259 ("transferred employee") is to be regarded as— (a) having been employed under Part 3 of the Public Sector Management and Employment Act 1998, with effect from the appointed day; and (b) having been so employed on the same terms and conditions as those that applied to the person immediately before the appointed day as an officer or employee of the Public Transport Corporation; and (c) having accrued an entitlement to benefits in connection with that employment under Part 3 of the Public Sector Management and Employment Act 1998 that is equivalent to the entitlement that the person had accrued, as an officer or employee of the Public Transport Corporation, immediately before the appointed day. s. 26 -- 19 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 17 (2) The service of a transferred employee as an employee under Part 3 of the Public Sector Management and Employment Act 1998 is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the appointed day, as an officer or employee of the Public Transport Corporation. (3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of the Public Transport Corporation because of the operation of this Division. (4) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the appointed day, employed, by virtue of this section, under Part 3 of the Public Sector Management and Employment Act 1998, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. (5) The superannuation entitlements of any person who is a transferred employee are to be taken not to be affected by that person becoming a transferred employee. (6) Nothing in this section prevents— (a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the appointed day; or s. 26 -- 20 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 18 (b) a transferred employee from resigning or being dismissed at any time after that commencement in accordance with the then existing terms and conditions of his or her employment under Part 3 of the Public Sector Management and Employment Act 1998. 261. Savings provision—assignments (1) The commencement of section 12 of the Transport (Further Amendment) Act 2001 does not affect any assignment made under the former section before that commencement. (2) In this section, "the former section" means section 40 as in force before its repeal. 262. Savings provision—guarantees (1) The commencement of section 16 of the Transport (Further Amendment) Act 2001 does not affect the execution, validity, amendment or assignment of any guarantee effected under the former section 77 before that commencement. (2) In this section, "the former section 77" means section 77 as in force before the commencement of section 16 of the Transport (Further Amendment) Act 2001. 263. Transitional provision—Power to amend or grant further guarantee on assignment of contract (1) Where— (a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person or transferred to another s. 26 -- 21 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 19 person (whether by way of allocation or by any other operation of law); and (b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under section 77 (as in force before the commencement of section 16 of the Transport (Further Amendment) Act 2001— the Treasurer may give a guarantee, in favour of any person, guaranteeing the due performance of any obligations of the second-mentioned person arising under the contract (whether or not the second- mentioned person is the Secretary). (2) Where— (a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person or transferred to another person (whether by way of allocation or by any other operation of law); and (b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under section 77 (as in force before the commencement of section 16 of the Transport (Further Amendment) Act 2001)— the Treasurer may amend any guarantee under section 77 (as so in force) so that it extends to guaranteeing the due performance of any obligations of the second-mentioned person under the relevant contract (whether or not the second-mentioned person is the Secretary). s. 26 -- 22 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 20 (3) In this section "relevant contract" means the service contract entered into between the former Corporation and OneLink Transit Systems Pty Ltd ACN 059 733 443 with effect from 24 May 1994 as amended, varied and restated from time to time.'. 27. Statute law revision In section 139(1) of the Principal Act, for "to sub- section (1B)" substitute "sub-section (1A)". _______________ s. 27 -- 23 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 21 PART 3—AMENDMENTS TO THE RAIL CORPORATIONS ACT 1996 28. Definitions In section 3(3) of the Rail Corporations Act 1996, in paragraph (a) omit "or the Public Transport Corporation". 29. Statute Law Revision In section 55(g) of the Rail Corporations Act 1996, for "obligee" substitute "obligor". 30. Removal of power of Minister to direct PTC to enter into lease In section 56 of the Rail Corporations Act 1996, omit "the PTC or". 31. Amendment to requirement to fence In section 61(4)(b) of the Rail Corporations Act 1996— (a) omit "the Public Transport Corporation,"; (b) for "the Public Transport Corporation or" substitute "or". 32. Amendment to level crossing provision In section 64(1)(a) of the Rail Corporations Act 1996, for "entered into by Rail Track, the Public Transport Corporation or the Secretary or the Director acting on behalf of" substitute "between that person and Rail Track or that person and". See: Act No. 79/1996. Reprint No. 2 as at 1 January 2001. LawToday: www.dms. dpc.vic. gov.au s. 28 -- 24 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 22 33. Amendment to provision relating to tram infrastructure In section 65(1) of the Rail Corporations Act 1996, for "entered into by Rail Track, the Public Transport Corporation or the Secretary or the Director acting on behalf of" substitute "between that person and Rail Track or that person and". 34. Amendment to provision relating to power to stop traffic In section 67 of the Rail Corporations Act 1996— (a) in sub-section (1), for "entered into by Rail Track, the Public Transport Corporation or the Secretary or the Director acting on behalf of" substitute "between that person and Rail Track or that person and"; and (b) in sub-section (4), in paragraph (b) omit ", the Public Transport Corporation" (wherever occurring). 35. Amendment of provision relating to prohibited interests In section 92(6) of the Rail Corporations Act 1996, for "entered into by the other operator with the Director acting on behalf of the Crown, the Public Transport Corporation, Rail Track" substitute "between that person and the Crown, Rail Track". 36. Insertion of new sections 114 and 115 After section 113 of the Rail Corporations Act 1996 insert— "114. Order relating to no obligation to fence Despite the commencement of section 31 of the Transport (Further Amendment) Act 2001, an Order of the Governor in Council in s. 33 -- 25 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 23 force under section 61(4) immediately before that commencement continues in force subject to any terms and conditions specified in the Order. 115. Order relating to power to stop of traffic Despite the commencement of section 33 of the Transport (Further Amendment) Act 2001, an Order of the Governor in Council in force under section 65(3) immediately before that commencement continues in force subject to any terms and conditions specified in the Order.". _______________ s. 36 -- 26 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 24 PART 4—AMENDMENTS TO OTHER ACTS CONSEQUENT ON THE ABOLITION OF THE PUBLIC TRANSPORT CORPORATION 37. Amendment to Transport Accident Act 1986 After section 135(4) of the Transport Accident Act 1986, insert— '(5) In this section "Public Transport Corporation" has the same meaning as "former Corporation" has in the Transport Act 1983.'. 38. Amendment to Transport Superannuation Act 1988 In section 3(1) of the Transport Superannuation Act 1988, in the definition of "Transport Authority", omit paragraph (a). 39. Amendments to Limitation of Actions Act 1958 In section 7A of the Limitation of Actions Act 1958— (a) omit "the Public Transport Corporation established under the Transport Act 1983 or of"; (b) for "that Corporation or Victorian Rail Track (as the case requires)" substitute "Victorian Rail Track". See: Act No. 111/1986. Reprint No. 7 as at 1 July 2000 Law Today: www.dms. dpc.vic.gov. au s. 37 See: Act No. 33/1988. Reprint No. 3 as at 1 July 1999 and amending Act Nos 29/2000 and 95/2000. Law Today: www.dms. dpc.vic.gov. au See: Act No. 6295. Reprint No. 6 as at 8 December 1994. LawToday: www.dms. dpc.vic. gov.au -- 27 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 25 40. Insertion of new definition of "Rail Track" in Melbourne and Metropolitan Board of Works Act 1958 In section 3(1) of the Melbourne and Metropolitan Board of Works Act 1958, insert the following definition— ' "Rail Track" means the body established under Division 2 of Part 2 of the Rail Corporations Act 1996;'. 41. Amendments to Melbourne and Metropolitan Board of Works Act 1958 (1) In section 152 of the Melbourne and Metropolitan Board of Works Act 1958 for "the Public Transport Corporation" substitute "Rail Track". (2) In section 180 of the Melbourne and Metropolitan Board of Works Act 1958 for "the Public Transport Corporation" (wherever occurring) substitute "Victorian Rail Track". (3) In section 181 of the Melbourne and Metropolitan Board of Works Act 1958 for "the Public Transport Corporation" (wherever occurring) substitute "Rail Track". (4) In section 183 of the Melbourne and Metropolitan Board of Works Act 1958 for "the Public Transport Corporation" substitute "Rail Track". (5) In section 239 of the Melbourne and Metropolitan Board of Works Act 1958 for "the Public Transport Corporation" substitute "Rail Track". (6) In section 259(1) of the Melbourne and Metropolitan Board of Works Act 1958, in the See: Act No. 6310. Reprint No. 9 as at 1 July 1999 and amending Act Nos 66/2000, 69/2000 and 81/2000. Law Today: www.dms. dpc.vic.gov. au s. 40 -- 28 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 26 definition of "public corporation", omit "the Public Transport Corporation,". (7) Section 263 of the Melbourne and Metropolitan Board of Works Act 1958, sub-section (5) is repealed. (8) In section 272(b)(i) of the Melbourne and Metropolitan Board of Works Act 1958 for "the Public Transport Corporation" substitute "Victorian Rail Track". 42. Amendments to National Rail Corporation (Victoria) Act 1991 (1) In section 3 of the National Rail Corporation (Victoria) Act 1991— (a) the definition of "PTC" is repealed; (b) in the definition of "rail freight assets", omit "or of the PTC". (2) Section 10 of the National Rail Corporation (Victoria) Act 1991 is repealed. 43. Amendment to Southgate Project Act 1994 In paragraph (a) of the definition of "owner" in section 3 of the Southgate Project Act 1994, for "the Public Transport Corporation" substitute "Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996". See: Act No. 76/1991 and amending Act Nos 16/1998 and 85/1998. LawToday: www.dms. dpc.vic. gov.au s. 42 See: Act No. 57/1994. LawToday: www.dms. dpc.vic. gov.au -- 29 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 27 44. Amendment to Water Industry Act 1994 In Schedule 1 to the Water Industry Act 1994— (a) in item 1, for "the Public Transport Corporation" substitute "Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996"; (b) in item 2, for "the Public Transport Corporation" substitute "Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996". _______________ See: Act No. 121/1994. Reprint No. 3 as at 1 January 1999 and amending Act Nos 22/1999, 59/2000 and 66/2000. LawToday: www.dms. dpc.vic. gov.au s. 44 -- 30 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 28 PART 5—AMENDMENTS TO THE MELBOURNE CITY LINK ACT 1995 AND THE MELBOURNE CITY LINK (MISCELLANEOUS AMENDMENTS) ACT 2000 45. Temporary Registration (1) In section 73C(1) of the Melbourne City Link Act 1995, for "27 hours" substitute "14 days". (2) For section 73C(2) of the Melbourne City Link Act 1995 substitute— "(2) Registration in accordance with this section may be granted subject to conditions of use notified to the person seeking the registration either orally or in writing or partly orally and in writing. (2A) If registration is sought on a particular day, the commencement of the registration may be back-dated to a time not earlier than the beginning of the immediately preceding day.". 46. Offence to give fraudulent information At the end of section 75 of the Melbourne City Link Act 1995 insert— "(2) A person who seeks the right to drive a vehicle on a tollway must not make a false representation to a relevant corporation in seeking to do so. Penalty: 10 penalty units.". 47. Repeal of sunset provisions—Melbourne City Link (Miscellaneous Amendments) Act 2000 (1) In section 22(2) of the Melbourne City Link (Miscellaneous Amendments) Act 2000, proposed sub-section (1B) of section 77 of the Melbourne City Link Act 1995 is repealed. See: Act No. 107/1995. Reprint No. 3 as at 1 July 1999 and amending Act Nos 102/1998, 4/2000, 69/2000, 74/2000 and 81/2000. LawToday: www.dms. dpc.vic. gov.au s. 45 -- 31 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 29 (2) In section 23 of the Melbourne City Link (Miscellaneous Amendments) Act 2000, proposed sub-section (1B) of section 78 of the Melbourne City Link Act 1995 is repealed. _________________ s. 47 -- 32 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 30 SCHEDULE CONSEQUENTIAL AMENDMENTS TO TRANSPORT ACT 1983 AND ROAD SAFETY ACT 1986 1. Transport Act 1983 1.1 In section 4(2), in paragraph (c), for "Corporations" substitute "Corporation". 1.2 In section 4(2), in paragraph (d), for "Corporations" substitute "Corporation". 1.3 In section 4(2), in paragraph (e), for "Corporations in the exercise of their functions" substitute "Corporation in the exercise of its functions". 1.4 In section 4(2), in paragraph (g), for "Corporations" substitute "Corporation". 1.5 In the heading to Division 3 of Part II, for "Corporations" substitute "Corporation". 1.6 In section 21(1) for "Each" substitute "The". 1.7 In section 21(2) for "a Corporation" substitute "the Corporation". 1.8 In section 27 for "Each" substitute "The". 1.9 In section 29 for "a Corporation" substitute "the Corporation". 1.10 In section 31(1) for "Each" substitute "The". 1.11 In section 31(2) for "a Corporation" substitute "the Corporation". 1.12 In section 32(2) for "A Corporation" substitute "The Corporation". 1.13 In the heading to Part III for "CORPORATIONS" substitute "CORPORATION". 1.14 Sections 32(2A) and 32(3A) are repealed. 1.15 In section 38(1) for "Each" substitute "The". 1.16 In section 38(2) for "a Corporation" substitute "the Corporation". Sch. -- 33 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 31 1.17 In section 39(1) for "a Corporation" substitute "the Corporation". 1.18 In section 39(2) for "a Corporation" substitute "the Corporation". 1.19 In section 42(1) for "A Corporation" substitute "The Corporation". 1.20 In section 42(2)(b), for "Public Transport Corporation or the Roads Corporation (as the case requires)" substitute "Corporation". 1.21 In section 42(5) for "a Corporation" substitute "the Corporation". 1.22 In section 42(6) for "a Corporation" substitute "the Corporation". 1.23 In section 42(8) for "a Corporation" substitute "the Corporation". 1.24 In section 42(9) for "a Corporation" substitute "the Corporation". 1.25 In section 42(10) for "a Corporation" substitute "the Corporation". 1.26 In section 45(1) for "A Corporation" substitute "The Corporation". 1.27 In section 45(2) for "a Corporation" substitute "the Corporation". 1.28 In section 45(3) for "A Corporation" substitute "The Corporation". 1.29 In section 46 for "a Corporation" substitute "the Corporation". 1.30 In section 47(1) for "a Corporation" substitute "the Corporation". 1.31 In section 47(2) for "A Corporation" substitute "The Corporation". 1.32 Sections 47(5) and 47(6) are repealed. 1.33 Section 55(2) is repealed. 1.34 In section 56(2)(r), for "a Corporation" substitute "the Corporation". 1.35 In section 58(1) for "each Corporation (where twice occurring)" substitute "the Corporation". Sch. -- 34 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 32 1.36 In section 58(2) omit "relevant". 1.37 In section 58(3) omit "relevant". 1.38 In section 58(5) for "Each" substitute "The". 1.39 In section 58(6) omit "relevant". 1.40 In section 59— (a) for "Corporations in the preparation of their budgets" substitute "Corporation in the preparation of its budgets"; and (b) for "inform the Corporations" substitute "inform the Corporation". 1.41 In section 60(1) for "each" substitute "the". 1.42 In section 60(2) for "Each" substitute "The". 1.43 In section 60(3)— (a) for "each" substitute "the"; and (b) for "Corporations" substitute "Corporation". 1.44 In section 60(4) for "Each" substitute "The". 1.45 In section 60(5) for "a Corporation" substitute "the Corporation". 1.46 In section 60(6) for "Each" substitute "The". 1.47 In section 60(7), for "Each" substitute "The". 1.48 In section 61— (a) in paragraph (a), for "each" substitute "the"; and (b) in paragraph (b), for "those Corporations" substitute "the Corporation". 1.49 In section 62 for "each" substitute "the". 1.50 In section 63— (a) for "a Corporation or Corporations" substitute "the Corporation"; (b) omit "any consequent changes that may be necessary to the budgets of the other Corporation and to"; (c) for "budgets of Corporations" substitute "budget of the Corporation". 1.51 In section 64(1)— Sch. -- 35 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 33 (a) for "a Corporation" substitute "the Corporation"; and (b) for "that Corporation" substitute "the Corporation". 1.52 In section 65 for "a Corporation" substitute "the Corporation,". 1.53 In section 66(1) for "Each" substitute "The". 1.54 In section 66(2) for "Each" substitute "The". 1.55 In section 66(3) for "each" substitute "the". 1.56 In section 66(4) for "each" substitute "the". 1.57 In section 66(5) for "a Corporation" substitute "the Corporation". 1.58 In section 66(6) for "A Corporation" substitute "The corporation". 1.59 In section 76(1) for "Roads Corporation" substitute "Corporation". 1.60 In section 81A for "A corporation" substitute "The Corporation". 1.61 Section 81B is repealed. 1.62 In section 97(5)(d), omit "or the Public Transport Corporation". 1.63 In section 143(1)(e), omit "the Public Transport Corporation or". 1.64 In section 149(2), paragraph (a) is repealed. 1.65 In section 249(1) for "a Corporation" substitute "the Corporation". 1.66 In Schedule 2— (a) in the heading, for "CORPORATIONS" substitute "THE CORPORATION"; (b) in item 2— (i) omit "the other Corporation," (where first occurring); and (ii) in paragraph (a), for "the other Corporation", (where twice occurring) substitute "a"; and (iii) in paragraph (b) for "the other Corporation," substitute "a". Sch. -- 36 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 34 2. Road Safety Act 1986 2.1 In section 77(1), paragraph (a) is repealed; 2.2 In section 77(2)— (a) for "a Corporation" substitute "the Corporation"; and (b) for "that Corporation" substitute "the Corporation"; 2.3 In section 77(3)— (a) for "a Corporation" substitute "the Corporation"; and (b) for "that Corporation" substitute "the Corporation". ═══════════════ See: Act No. 127/1986. Reprint No. 6 as at 1/12/2000. LawToday: www.dms. dpc.vic. gov.au Sch. -- 37 of 38 -- Act No. 54/2001 Transport (Further Amendment) Act 2001 35 ENDNOTES † Minister's second reading speech— Legislative Assembly: 7 June 2001 Legislative Council: 18 September 2001 The long title for the Bill for this Act was "to amend the Rail Corporations Act 1996 and the Transport Act 1983 and other Acts to make provision for the winding-up of the Public Transport Corporation, to amend the Melbourne City Link Act 1995 and the Melbourne City Link (Miscellaneous Amendments) Act 2000 and for other purposes." Endnotes -- 38 of 38 --