Transport (Amendment) Act 2000

i Transport (Amendment) Act 2000 Act No. 30/2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENTS TO THE TRANSPORT ACT 1983 3 3. Amendment of definitions section 3 4. Substitution of section 14 3 14. Functions of the Public Transport Corporation 3 5. Repeal of section 14A 4 6. Revocation of particular powers of Public Transport Corporation 4 7. Reference to "Corporation" 4 8. Special acquisition powers 4 9. Repeal of provision providing that Public Transport Corporation is not a common carrier 5 10. Repeal of provision providing for the Public Transport Corporation to grant permission to use certain rolling-stock 5 11. Repeal of provision relating to certain charges by Public Transport Corporation in relation to passenger services 5 12. Amendment of regulation making powers 5 13. Abolition of Victorian Transport Service 7 14. Substitution of definition 7 15. Amendment of provision concerning determinations of policy 7 16. Amendment of definition 7 17. Repeal of provisions relating to authorised officers of the Public Transport Corporation 8 18. Amendment of definition 8 19. Repeal of provision concerning powers of authorized officers of the Public Transport Corporation 8 20. Power to require names and addresses 8 21. Power to arrest suspected offenders 8 22. Power of officers of Public Transport Corporation to arrest people against whom warrants have been issued 9 23. Power to remove offenders 9 24. Travelling without valid ticket—amendment of definition 10 -- 1 of 20 -- Section Page ii 25. Offence to smoke in carriage etc. in certain circumstances 10 26. Penalty for trespass 10 27. Graffiti clean up programs 10 28. Prosecutions 11 29. Evidentiary provisions 11 30. Regulations 12 31. Repeal of Schedule 3 13 PART 3—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 14 32. Country Fire Authority Act 1958 14 33. Docklands Authority Act 1991 14 34. Electricity Safety Act 1998 14 35. Essential Services Act 1958 14 36. Land Act 1958 15 37. National Parks Act 1975 15 38. Pipelines Act 1967 15 39. Rail Corporations Act 1996 16 40. Transport Accident Act 1986 17 41. Water Act 1989 17 ═══════════════ NOTES 18 -- 2 of 20 -- 1 Transport (Amendment) Act 2000 † [Assented to 30 May 2000] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are to amend the Transport Act 1983 to remove references to the transport functions of the Public Transport Corporation and to make certain consequential amendments to certain other Acts. Victoria No. 30 of 2000 -- 3 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. _______________ s. 2 -- 4 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 3 PART 2—AMENDMENTS TO THE TRANSPORT ACT 1983 3. Amendment of definitions section (1) In section 2(1) of the Transport Act 1983, in the definition of "passenger transport company", paragraph (a) is repealed. (2) In section 2(1) of the Transport Act 1983, the definition of "transport service" is repealed. (3) In section 2(2C) of the Transport Act 1983, in paragraph (a), omit "or the Public Transport Corporation". (4) In section 2(2D) of the Transport Act 1983 in paragraph (a), omit "or the Public Transport Corporation". 4. Substitution of section 14 For section 14 of the Transport Act 1983 substitute— "14. Functions of the Public Transport Corporation The functions of the Public Transport Corporation are— (a) to carry out directions given to the Administrator under section 20E or to the Corporation under section 31, whether or not for purposes connected with other functions under this section; (b) to continue to comply with the terms of any contract or agreement entered into by the Corporation under this Act as in force before the commencement of the Transport (Amendment) Act 2000 and to perform any act or function s. 3 No. 9921. Reprint No. 6 as at 1 July 1998. Further amended by Nos 85/1998, 98/1998 (as amended by No. 45/1999), 99/1998, 102/1998, 6/1999, 45/1999 and 63/1999. -- 5 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 4 under or incidental to any such contract or agreement; (c) to acquire and dispose of real or personal property relating to its functions under this section; (d) after consultation with the Roads Corporation and the relevant municipal council, to install remove or relocate stopping places and associated facilities for transport services on any street or road; (e) to carry out such other functions as are conferred on the Public Transport Corporation by this or any other Act.". 5. Repeal of section 14A Section 14A of the Transport Act 1983 is repealed. 6. Revocation of particular powers of Public Transport Corporation Section 40(1) of the Transport Act 1983 is repealed. 7. Reference to "Corporation" (1) In section 42(2A) of the Transport Act 1983 for "a Corporation" substitute "the Roads Corporation". (2) In section 42(3) of the Transport Act 1983 for "A Corporation" substitute "The Roads Corporation". 8. Special acquisition powers (1) In section 43(1) of the Transport Act 1983 for "The Public Transport Corporation" substitute "Rail Track". s. 5 -- 6 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 5 (2) In section 43(2) of the Transport Act 1983 for "the Public Transport Corporation" substitute "Rail Track". 9. Repeal of provision providing that Public Transport Corporation is not a common carrier Section 49 of the Transport Act 1983 is repealed. 10. Repeal of provision providing for the Public Transport Corporation to grant permission to use certain rolling-stock Section 50 of the Transport Act 1983 is repealed. 11. Repeal of provision relating to certain charges by Public Transport Corporation in relation to passenger services Section 51 of the Transport Act 1983 is repealed. 12. Amendment of regulation making powers (1) In section 56(1) of the Transport Act 1983— (a) in paragraph (a), for "a Corporation," substitute "the Roads Corporation, a"; (b) in paragraph (b), for "a Corporation," substitute "the Roads Corporation, a"; (c) in paragraph (c), for "a Corporation," substitute "the Roads Corporation, a"; (d) in paragraph (d), for "a Corporation" substitute "the Roads Corporation"; (e) in paragraph (e), for "a Corporation" substitute "the Roads Corporation"; (f) in paragraph (f), for "a Corporation" substitute "the Roads Corporation"; s. 9 -- 7 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 6 (g) in paragraph (g), for "a Corporation" substitute "the Roads Corporation"; (h) in paragraph (h), for "a Corporation" substitute "the Roads Corporation"; (i) in paragraph (i)— (i) for "a Corporation" substitute "the Roads Corporation"; (ii) for "the Corporation" substitute "that Corporation"; (j) in paragraph (j)— (i) for "a Corporation" substitute "the Roads Corporation"; (ii) for "the Corporation" (wherever occurring) substitute "that Corporation"; (k) in paragraph (k), for "a Corporation" substitute "the Roads Corporation"; (l) in paragraph (ma) omit "the Public Transport Corporation or"; (m) in paragraph (r), for "on a Corporation" substitute "on a passenger transport company, Rail Track or the Roads Corporation". (2) In section 56(3) of the Transport Act 1983— (a) in paragraph (c), for "a Corporation" substitute "the Roads Corporation"; (b) in paragraph (d), for "a Corporation" substitute "the Roads Corporation"; (c) in paragraph (f)— (i) for "a Corporation" substitute "the Roads Corporation"; s. 12 -- 8 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 7 (ii) for "the Corporation" substitute "that Corporation"; (d) in paragraph (g), for "a Corporation" (where twice occurring) substitute "the Roads Corporation". (4) In section 56(4) of the Transport Act 1983 for "of a Corporation" substitute "of the Roads Corporation". 13. Abolition of Victorian Transport Service Part V of the Transport Act 1983 is repealed. 14. Substitution of definition In section 86(1) of the Transport Act 1983, for the definition of "public commercial passenger vehicle" substitute— ' "public commercial passenger vehicle" means a commercial passenger vehicle operated by or proposed to be operated by— (a) any person, to be used under contract with the Department of Education of Victoria, which contract is approved by the Secretary; or (b) any person for the carriage of members of the public along a fixed route on a regular basis, whether or not fares are charged, and the operation of which commercial passenger vehicle is approved by the Secretary;'. 15. Amendment of provision concerning determinations of policy In section 89(2) of the Transport Act 1983, paragraph (a) is repealed. 16. Amendment of definition s. 13 -- 9 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 8 In section 93(1) of the Transport Act 1983, in the definition of "authorised officer" omit "(whether an officer of the Public Transport Corporation or not)". 17. Repeal of provisions relating to authorised officers of the Public Transport Corporation Section 100 of the Transport Act 1983 is repealed. 18. Amendment of definition In section 211(1) of the Transport Act 1983, for paragraph (a) substitute— "(a) in relation to a transport infringement, means an officer of the Roads Corporation appointed in writing by that Corporation or a person (whether an officer of that Corporation or not) appointed in writing by the Secretary either generally or in a particular case for the purposes of this Division;". 19. Repeal of provision concerning powers of authorized officers of the Public Transport Corporation Sections 218 and 218A of the Transport Act 1983 are repealed. 20. Power to require names and addresses For section 218B(1) of the Transport Act 1983 substitute— '(1) In this section "authorised officer" means a person appointed in writing by the Secretary for the purposes of this section.'. 21. Power to arrest suspected offenders s. 21 -- 10 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 9 In section 219(1) of the Transport Act 1983 omit "or any officer or agent of the Public Transport Corporation". 22. Power of officers of Public Transport Corporation to arrest people against whom warrants have been issued Section 219A of the Transport Act 1983 is repealed. 23. Power to remove offenders (1) In section 220(1A) of the Transport Act 1983— (a) omit "an officer or agent of the Public Transport Corporation,"; (b) in paragraph (a), omit "the Public Transport Corporation,"; (c) in paragraph (b), omit "the Public Transport Corporation or". (2) In section 220(1B) of the Transport Act 1983— (a) in paragraph (a), omit "or an officer or agent of the Public Transport Corporation"; (b) in paragraph (c), in sub-paragraph (ii), omit ", or any of the officers or agents of the Public Transport Corporation". (3) In section 220(1C) of the Transport Act 1983 omit "an officer or agent of the Public Transport Corporation,". (4) In section 220(2) of the Transport Act 1983 omit "or an officer or agent of the Public Transport Corporation". (5) In section 220(3) of the Transport Act 1983 omit "against the Public Transport Corporation or any of its officers or agents or". -- 11 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 10 (6) In section 220(4) of the Transport Act 1983 omit "an officer or agent of the Public Transport Corporation or". 24. Travelling without valid ticket—amendment of definition For section 221(1)(c) of the Transport Act 1983 substitute— '(c) "authorized person" means a person who is authorised in writing by the Secretary for the purposes of this section.'. 25. Offence to smoke in carriage etc. in certain circumstances (1) In section 222(1) of the Transport Act 1983, for paragraph (b), substitute— "(b) in or upon any public transport property or any part of such property where a notice is displayed that smoking on that property or that part of such property is prohibited—". (2) In section 222(2) of the Transport Act 1983 omit "or the Public Transport Corporation". 26. Penalty for trespass In section 223 of the Transport Act 1983 for "a Corporation" substitute "the Roads Corporation or Rail Track". 27. Graffiti clean up programs In section 223E(5) of the Transport Act 1983, in paragraph (a), for "Public Transport Corporation" substitute "passenger transport company whose property was injured, damaged or defaced within the meaning of section 223B(1)". s. 24 -- 12 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 11 28. Prosecutions (1) In section 229(1) of the Transport Act 1983 for "a Corporation" substitute "the Roads Corporation". (2) In section 229(1A) of the Transport Act 1983 for "a Corporation" substitute "the Roads Corporation". (3) In section 229(1B) of the Transport Act 1983 for "Corporation" substitute "Roads Corporation". (4) In section 229(3) of the Transport Act 1983— (a) for "a Corporation" substitute "the Roads Corporation"; (b) for "the relevant Corporation" substitute "that Corporation". 29. Evidentiary provisions (1) In section 230(1) of the Transport Act 1983— (a) for "a Corporation" (where first occurring) substitute "the Roads Corporation"; (b) for "a Corporation" (where secondly occurring) substitute "that Corporation". (2) In section 230(2) of the Transport Act 1983— (a) for "a Corporation" substitute "the Roads Corporation"; (b) for "the Corporation" substitute "the Roads Corporation". (3) For section 230(3A) of the Transport Act 1983 substitute— "(3A) A certificate purporting to be under the hand of a person who is employed or engaged by a passenger transport company, a bus company or a rail corporation authorised to sign that certificate by the chief executive of that s. 28 -- 13 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 12 company or the rail corporation (as the case requires), certifying as to any matter which appears in or can be calculated from the records kept by or on behalf of that company or rail corporation (as the case requires) in connection with any ticketing system operated by it or on its behalf is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.". (4) For section 230(4) of the Transport Act 1983 substitute— "(4) Any notice, statement, certificate or other document purporting to be under the hand of the Secretary or the Chief Executive of the Roads Corporation or of an officer of the Department or of that Corporation or of a person who is employed or engaged by a passenger transport company, a bus company or a rail corporation authorised to sign that notice, statement, certificate or other document by the Secretary or the Chief Executive of the Roads Corporation or of the passenger transport company, the bus company or the rail corporation (as the case requires) shall be admissible in evidence in any proceedings and, in the absence of evidence to the contrary, shall be proof of the matters therein set forth.". (5) In section 230(5) of the Transport Act 1983— (a) for "a Corporation" substitute "the Roads Corporation"; (b) for "the Corporation" substitute "that Corporation". 30. Regulations s. 29 -- 14 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 13 In section 249B(1) of the Transport Act 1983 for "that is not being operated by the Public Transport Corporation" substitute "that is being operated by a passenger transport company or a rail freight operator". 31. Repeal of Schedule 3 Schedule 3 to the Transport Act 1983 is repealed. _______________ -- 15 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 14 PART 3—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 32. Country Fire Authority Act 1958 In section 3 of the Country Fire Authority Act 1958, in the definition of "heat engine", omit "the Public Transport Corporation or". 33. Docklands Authority Act 1991 (1) In section 28(2) of the Docklands Authority Act 1991 for "Public Transport Corporation" substitute "Spencer Street Station Authority established under the Rail Corporations Act 1996". (2) In section 28(2A) of the Docklands Authority Act 1991 after "Victorian Rail Track" insert "or the Spencer Street Station Authority established under the Rail Corporations Act 1996". 34. Electricity Safety Act 1998 Section 46(1)(a)(iii) of the Electricity Safety Act 1998 is repealed. 35. Essential Services Act 1958 In section 3 of the Essential Services Act 1958, in the definition of "essential service" for "a rail corporation within the meaning of the Rail Corporations Act 1996" substitute "a train operator or a tram operator as defined in section 3(1) of the Rail Corporations Act 1996". s. 32 No. 6228. Reprint No. 9 as at 14 October 1999. No. 22/1991. Reprint No. 2 as at 1 July 1999. No. 25/1998. Reprint No. 1 as at 31 December 1999. No. 6244. Reprint No. 4 as at 15 May 1997. Further amended by Nos 91/1997, 104/1997 and 25/1998. -- 16 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 15 36. Land Act 1958 (1) In section 341(1)(c) of the Land Act 1958 omit "or the Public Transport Corporation". (2) In section 348 of the Land Act 1958— (a) omit "the Public Transport Corporation or" (where first occurring); (b) for "the Public Transport Corporation or Victorian Rail Track (as the case requires)" substitute "Rail Track within the meaning of section 3(2) of the Rail Corporations Act 1996". (3) In section 355 of the Land Act 1958 omit "or the Public Transport Corporation". (4) In section 385(2) of the Land Act 1958, paragraph (c) is repealed. 37. National Parks Act 1975 In section 3(2) of the National Parks Act 1975 omit "the Public Transport Corporation,". 38. Pipelines Act 1967 (1) In section 32(1) of the Pipelines Act 1967 omit "the Public Transport Corporation and" (where twice occurring). (2) In section 32(2) of the Pipelines Act 1967 omit "the Public Transport Corporation,". (3) In section 32(3) of the Pipelines Act 1967 omit "the Public Transport Corporation,". s. 36 No. 6284. Reprint No. 9 as at 24 September 1998. Further amended by Nos 76/1998 and 85/1998. No. 8702. Reprint No. 7 as at 1 July 1999. No. 7541. Reprint No. 4 as at 15 December 1998. -- 17 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 16 39. Rail Corporations Act 1996 (1) In section 3(1) of the Rail Corporations Act 1996, in the definition of "rail transport service", omit "the Public Transport Corporation,". (2) In section 3(2) of the Rail Corporations Act 1996 omit "or the Public Transport Corporation". (3) In section 60(7) of the Rail Corporations Act 1996 omit ", the Public Transport Corporation" (where twice occurring). (4) In section 62(5) of the Rail Corporations Act 1996, in paragraph (b), omit ", the Public Transport Corporation" (where twice occurring). (5) In section 63(5) of the Rail Corporations Act 1996, in paragraph (b), omit ", the Public Transport Corporation" (where twice occurring). (6) In section 64(3) of the Rail Corporations Act 1996, in paragraph (b), omit ", the Public Transport Corporation" (where twice occurring). (7) In section 65(3) of the Rail Corporations Act 1996, in paragraph (b), omit ", the Public Transport Corporation" (where twice occurring). (8) In section 66(5) of the Rail Corporations Act 1996, in paragraph (b), omit ", the Public Transport Corporation" (where twice occurring). (9) In section 68(4) of the Rail Corporations Act 1996, in paragraph (b), omit ", the Public Transport Corporation" (where twice occurring). (10) In section 69(4) of the Rail Corporations Act 1996, in paragraph (b), omit ", the Public Transport Corporation" (where twice occurring). (11) In section 70(3) of the Rail Corporations Act 1996, in paragraph (b), omit ", the Public Transport Corporation" (where twice occurring). s. 39 No. 79/1996. Reprint No. 1 as at 29 April 1999. Further amended by Nos 45/1999 and 63/1999. -- 18 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 17 40. Transport Accident Act 1986 In section 64(2) of the Transport Accident Act 1986 for "The Public Transport Corporation and any other person" substitute "Any person". 41. Water Act 1989 (1) In section 241(3) of the Water Act 1989 omit ", the Public Transport Corporation". (2) In section 241(4) of the Water Act 1989 omit ", the Public Transport Corporation". ═══════════════ s. 40 No. 111/1986. Reprint No. 6 as at 26 August 1999. No. 80/1989. Reprint No. 5 as at 18 May 1999. Further amended by No. 65/1999. -- 19 of 20 -- Act No. 30/2000 Transport (Amendment) Act 2000 18 NOTES † Minister's second reading speech— Legislative Assembly: 4 May 2000 Legislative Council: 24 May 2000 The long title for the Bill for this Act was "to amend the Transport Act 1983 to remove references to the transport functions of the Public Transport Corporation, to make certain consequential amendments to certain other Acts and for other purposes." Notes -- 20 of 20 --