Transport Legislation (Further Amendment) Act 2006

Transport Legislation (Further Amendment) Act 2006

Act No. 47/2006

table of provisions

Section Page

Part 1—Preliminary 1

1. Purposes 1

2. Commencement 2

Part 2—Amendment of the Transport Act 1983 4

3. Functions and powers of Director 4

4. New section 9AD inserted 4

9AD. Director's powers in relation to land 4

5. Compulsory acquisition of land 5

6. New section 9AAB inserted 5

9AAB. Easements 5

7. New section 9BA inserted 6

9BA. Recording of dealings 6

8. Definitions 7

9. Fee for driver's certificate 9

10. Repeal of requirement for driver's certificate—commercial passenger vehicles 9

11. Amendment of section 157 consequent on repeal of driver's certificate 9

12. Repeal of certain offences—sections 157A and 157B 9

13. Amendment of section 162 consequent on repeal of driver's certificate 10

14. Insertion of new Division 6 in Part VI 10

Division 6—Driver Accreditation—Commercial Passenger Vehicles and Private Bus Services 10

163. Interpretation 10

164. Public care objective 12

165. Offence to drive certain vehicles without accreditation 13

166. Director's power to accredit persons 14

167. Tests, qualifications and other requirements 14

168. Term and renewal of accreditation 16

169. Matters to be considered by the Director when issuing
or renewing an accreditation 16

169A. Imposition of conditions on accreditation 18

169B. Offence to fail to comply with conditions 19

169C. Disqualification by Director from ability to apply for accreditation 19

169D. Certificate of accreditation 21

169E. Mandatory cancellation in certain circumstances 22

169F. Powers of the Director to consider disciplinary action 22

169G. Notice to holder of accreditation 23

169H. Submissions to Director 23

169I. Actions Director may take after consideration 24

169J. Notice of Director's decision 25

169K. Interim suspension of accreditation 25

169L. Re-instatement of accreditation 26

169M. Compensation for lost income during suspension 26

169N. Jurisdiction of VCAT as to category 1 offenders 27

169O. Review of decision by VCAT 28

169P. Time period for making application for review 29

169Q. Offence not to sign certificate on receipt 29

169R. Offence not to notify of change of address 30

169S. Offence not to notify of suspension or cancellation of accreditation 30

169T. Offence not to notify of being charged with, or found guilty of, a disqualifying offence 30

169U. Offence to retain illegible certificate 31

169V. Offence to retain certificate if accreditation suspended
or cancelled 31

169W. Offence not to carry certificate when driving 32

169X. Offence not to produce certificate when asked 32

169Y. Power of Director to determine fees 32

169Z. Regulations 33

15. Section 218B amended 35

16. Director to authorise Departmental authorised officers 35

17. Director to authorise other authorised officers 35

18. Insertion of new section 227A 36

227A. Power of court to require attendance at approved
public transport education program 36

19. New sections 228AA and 228AB inserted 37

228AA. Objective 37

228AB. Definition 37

20. Application for accreditation 38

21. Considerations as to and issue and renewal of accreditation by Director 39

22. New offence inserted 39

228DB. Offence to employ or engage authorised officer
without accreditation under this Division 39

23. Substitution of section 228H 40

228H. Notifications 40

24. Audit of certain books and records of accredited companies 41

25. Application for renewal of accreditation 43

26. Renewal of accreditation 44

27. Director not liable for giving accreditation 45

28. Supervision of accredited companies 45

29. Substitution of section 228Q 46

228Q. Effect of suspension, cancellation or failure to renew 46

30. Insertion of new Division 5 in Part VIII 47

Division 5—Transitional provisions—Transport Legislation (Further Amendment) Act 2006 47

268. Definitions 47

269. Old certificates deemed to be accreditations 48

270. Saving of accreditations granted by Secretary 49

271. Saving of agreements etc. 50

31. Further amendment of Transport Act 1983 51

Part 3—Amendment of other Acts 52

32. Insertion of new sections 13G to 13I 52

13G. Powers to enter land to construct or maintain works 52

13H. Obligations in relation to entry onto land 53

13I. Rail Track to pay compensation 53

33. Amendment of the Transport Legislation (Further Miscellaneous Amendments) Act 2005 54

34. Offences against officers 55

35. Amendment of the Public Transport Competition Act 1995 55

36. Consequential amendments to the Public Transport Competition Act 1995 55

37. Powers of V/Line—Amendment of the Rail Corporations
Act 1996 56

38. Change of reference to Secretary 56

Part 4—Amendment of Rail Safety Related Legislation 57

Division 1—Amendments to Rail Safety Act 2006 57

39. Amendment of commencement provision 57

40. New definition of "interface co-ordination plan" substituted 57

41. New section 28A inserted 58

28A. Provision of access to SMS to Safety Director or transport safety officer 58

42. Emergency planning 58

43. New section 62A inserted 59

62A. Co-ordination between Safety Director and corresponding Rail Safety Regulator 59

44. Reviewable decisions 61

45. Regulation making powers 61

46. New definitions to be inserted into Transport Act1983 63

47. Transport safety officers 63

48. Self-incrimination 64

49. Review decisions 65

50. New definition inserted 66

51. Offences by bodies corporate, officers of bodies corporate, partnerships etc. 66

52. New Division 4 of Part 11 substituted 66

Division 4—Savings and Transitional Provisions 66

163. Definitions 66

164. General transitional provision 69

165. Savings and transitional regulations 69

166. Declaration Order in relation to tourist and heritage operation and railways 69

167. Orders and approvals relating to alcohol and other
drug controls under the Transport Act 1983 70

168. Authorities for the purposes of Part 6 70

169. Specified procedures for carrying out assessment of
drug impairment 71

170. Existing applications for accreditation 72

171. Review of decisions in relation to applications of accreditation transitioned under this Division 74

172. Existing accreditations deemed to be accreditations under this Act 75

173. Expiry of transitional accreditations and post new scheme accreditations 76

174. Conditions and restrictions of transitional accreditations may be varied in accordance with Division 4 of Part 5 76

175. Transitional accreditations may be surrendered 76

176. Existing application for changes of conditions or restrictions of accreditation 77

177. Change of conditions or restrictions on accreditation
on initiative of Secretary 78

178. Compliance with certain provisions not required while accreditations under Division are in force 78

179. Accreditations transitioned under Division not Part5 accreditations for purposes of section 65 79

180. Private sidings 79

181. References to Secretary in transitional accreditations to be read as references to Safety Director 79

182. Codes of Practice 80

53. Statute law revision 80

Division 2—Infringement Related Amendments to Transport
Act 1983 80

54. Definitions 80

55. Repeal of redundant provision 80

56. Safety work infringements 81

57. Effect of safety work infringement 81

58. Extension of time to object if no actual notice 81

59. Proof of prior convictions 81

60. Graffiti clean-up programs 81

Division 3—Rail Safety Related Transitional Amendment to Transport Act 1983 82

61. New section 246CAA inserted 82

246CAA. Rail Safety Act 2006—Authorised officers for drug and alcohol testing 82

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SCHEDULES 83

SCHEDULE 1—Consequential Amendment of Transport Act1983 83

SCHEDULE 2—Consequential Amendment of Public Transport Competition Act 1995 92

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Endnotes 94

Section Page

Victoria

No. 47 of 2006

Section Page

Transport Legislation (Further Amendment) Act 2006[(]

[Assented to 25 July 2006]

Act No. 47/2006

Transport Legislation (Further Amendment) Act 2006

Act No. 47/2006

Transport Legislation (Further Amendment) Act 2006

The Parliament of Victoria enacts as follows:

Part 2—Amendment of the Transport Act 1983

Transport Legislation (Further Amendment) Act 2006

Act No. 47/2006

Part 1—Preliminary

1. Purposes

The purposes of this Act are to—

(a) amend the Transport Act 1983—

(i) to provide for the accreditation of drivers of commercial passenger vehicles and private bus services; and

(ii) to provide for approved public transport education programs; and

(iii) to make further provision for the accrediting of transport companies that engage authorised officers; and

(iv) to make further provision for the Director's powers, particularly as to dealings in land; and

(v) to make provision for other matters; and

(b) to amend the Rail Corporations Act 1996 with respect to the powers of Rail Track and to make other minor amendments to that Act; and

(d) to make further amendments to the Transport Legislation (Further Miscellaneous Amendments) Act 2005 and the Public Transport Competition Act 1995.

2. Commencement

s. 2

(1) Section 1, this section and sections 3, 4, 5, 6, 7, 15, 30, 33(1), (2), (3), (4) and (5), 34, 36 and 37 and Division 1 of Part 4 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Section 38 comes into operation on the same day as the day on which section 155 of the Rail Safety Act 2006 comes into operation.

(3) Division 2 of Part 4 comes into operation on the same day as the day on which section 119 of the Rail Safety Act 2006 comes into operation.

(4) Division 3 of Part 4 comes into operation on the same day as the day on which section 125 of the Rail Safety Act 2006 comes into operation.

(5) Subject to sub-sections (6) and (7), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(6) If a provision referred to in sub-section (5), other than sections 8, 9, 10, 11, 12, 13 and 14 does not come into operation before 1 January 2007, it comes into operation on that day.

s. 2

(7) If section 8, 9, 10, 11, 12, 13 or 14 does not come into operation before 1 August 2008, it comes into operation on that day.

______

See:
Act No.
9921.
Reprint No. 11
as at
1 March 2006
and amending
Act Nos
95/2005, 97/2005, 9/2006 and 10/2006.
LawToday:
www.dms.
dpc.vic.
gov.au

Part 2—Amendment of the Transport Act 1983

3. Functions and powers of Director

s. 3

(1) In section 9(2)(a) of the Transport Act 1983 omit "real or".

(2) In section 9(3) of the Transport Act 1983 after "Director" (where first occurring) insert
", on behalf of the Crown,".

(3) For section 9(7) of the Transport Act 1983 substitute—

"(7) The Director may, by instrument, delegate to a person by name or to the holder of an office any power of the Director other than this power of delegation.".

4. New section 9AD inserted

Before section 9A of the Transport Act 1983 insert—

'9AD. Director's powers in relation to land

(1) The Director may, on behalf of the Crown—

(a) acquire, hold or dispose of land; and

(b) otherwise deal with any land held by the Director.

(2) Any acquisition (including any compulsory acquisition under section 9A) or disposition of or other dealing with land by the Director on behalf of the Crown must be made in the name of "Director of Public Transport".

(3) Without limiting sub-section (1), the Director may, on behalf of the Crown, dispose of or otherwise deal with land that is held by the Director and was acquired under this Act in the name of "Director of Public Transport" by any person who previously held, acted in or performed the duties of, the office of Director.'.

5. Compulsory acquisition of land

s. 5

In section 9A of the Transport Act 1983—

(a) in the heading to the section for "Acquisition" substitute "Compulsory acquisition"; and

(b) in sub-section (1) omit "purchase or"; and

6. New section 9AAB inserted

After section 9A of the Transport Act 1983 insert—

"9AAB. Easements

(1) If any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by the Director on behalf of the Crown, it is deemed for all purposes to be an easement even though there is no land vested in or held by the Director on behalf of the Crown that is in fact benefited or capable of being benefited by that right.

(2) If by or under this Act any private right of way or easement is extinguished or any easement is acquired by the Director on behalf of the Crown—

(a) the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and

(b) the holder of any relevant certificate of title must deliver it to the Registrar of Titles.

(3) Sub-section (2) does not apply to an easement acquired compulsorily by the Director on behalf of the Crown.".

7. New section 9BA inserted

s. 7

After section 9B of the Transport Act 1983 insert—

'9BA. Recording of dealings

(1) If the Director acquires any land on behalf of the Crown, any recording in the Register by the Registrar of Titles of the acquisition must be made in the name of "Director of Public Transport" as registered proprietor.

(2) If the Director, on behalf of the Crown, disposes of or otherwise deals with any land held in the name of "Director of Public Transport", any recording in the Register by the Registrar of Titles of the disposition or dealing must be made in the name of "Director of Public Transport".

(3) If the Director, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land, the Registrar must make any recording in relation to that dealing in the name of "Director of Public Transport".

(4) To avoid doubt, land acquired in fee simple by the Director on behalf of the Crown is Crown land.

(5) Despite sub-section (4) and anything to the contrary in the Land Act 1958 or the Transfer of Land Act 1958, if land acquired by the Director on behalf of the Crown—

(a) is under the operation of the Transfer of Land Act 1958, it remains under the operation of that Act; and

(b) is not under the operation of the Transfer of Land Act 1958, it may be brought under the operation of that Act.'.

8. Definitions

s. 8

In section 86(1) of the Transport Act 1983—

(a) insert the following definitions—