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RAIL CORPORATIONS (AMENDMENT) BILL 1997

                 PARLIAMENT OF VICTORIA

         Rail Corporations (Amendment) Act 1997
                                  Act No.


                      TABLE OF PROVISIONS
Clause                                                              Page

PART 1--PRELIMINARY                                                    1
  1.     Purpose                                                       1
  2.     Commencement                                                  2

PART 2--AMENDMENT OF RAIL CORPORATIONS ACT 1996                        3
Division 1--Privatisation of V/Line Freight                            3
  3.     V/Line Freight functions                                      3
  4.     Repeal of provisions relating to V/Line Freight               3
Division 2--Corporatisation of Metropolitan Train Division of PTC      4
  5.     Definitions                                                   4
  6.     New Division 2A inserted                                      4
         Division 2A--Met Train 1                                      4
         18A. Establishment                                            4
         18B. Met Train 1 not to represent the Crown                   5
         18C. Objective                                                5
         18D. Functions and powers                                     5
         18E.     No obligation to fence                               6
         18F.     Power to break up roads, etc.                        7
  7.     Definition of "rail corporation"                              7
  8.     New Division 2B inserted                                      7
         Division 2B--Met Train 2                                      7
         18G. Establishment                                            8
         18H. Met Train 2 not to represent the Crown                   8
         18I.     Objective                                            8
         18J.     Functions and powers                                 8
         18K. No obligation to fence                                  10
         18L.     Power to break up roads, etc.                       10
  9.     Definition of "rail corporation"                             11


Division 3--Corporatisation of Metropolitan Tram Division of PTC      11


                                      i
531244B.I1-29/10/97

 


 

Clause Page 10. New Division 2C inserted 11 Division 2C--Met Tram 1 11 18M. Establishment 11 18N. Met Tram 1 not to represent the Crown 12 18O. Objective 12 18P. Functions and powers 12 18Q. No obligation to fence 14 18R. Power to break up roads, etc. 14 18S. Power to install stopping places, etc. 14 11. Definition of "rail corporation" 15 12. New Division 2D inserted 15 Division 2D--Met Tram 2 15 18T. Establishment 15 18U. Met Tram 2 not to represent the Crown 15 18V. Objective 16 18W. Functions and powers 16 18X. No obligation to fence 17 18Y. Power to break up roads, etc. 18 18Z. Power to install stopping places, etc. 18 13. Definition of "rail corporation" 18 Division 4--Transfer of Property 18 14. Allocation statements 18 15. Transfer of Crown land 19 Division 5--Transfer of Staff 19 16. Arrangement of Part 3 19 "Division 1--Definitions". 20 "Division 2--Property". 20 17. Definitions 20 18. New Division 3 inserted 22 Division 3--Staff 22 57. List of PTC staff 22 58. Transfer of PTC staff 23 59. Future terms and conditions of transferred employees 24 Division 6--Powers of Victorian Rail Track 25 19. Definitions etc. 25 20. Functions and powers in relation to tramways 26 21. No obligation to fence tramway 27 22. New sections 13A and 13B inserted 27 ii 531244B.I1-29/10/97

 


 

Clause Page 13A. Power to break up roads, etc. 27 13B. Power to install stopping places, etc. 27 23. New sections 13C to 13F inserted 28 13C. Acquisition of land 28 13D. Rail Track may use Crown lands reserved under Crown Land (Reserves) Act 1978 29 13E. Grant of unalienated Crown land 31 13F. Surplus land 31 24. Declared railway services 34 Division 7--Other Amendments 34 25. Purpose of Act 34 26. Disclosure of interests 34 Division 8--Transitional Provisions 34 27. New Part 4 substituted 34 PART 4--MISCELLANEOUS 34 60. Privatisation of V/Line Freight 34 28. New section 61 inserted 35 61. No obligation to fence 35 29. New section 62 inserted 36 62. Power to break up roads, etc. 36 30. New section 63 inserted 37 63. Power to install stopping places, etc. 37 PART 3--AMENDMENT OF TRANSPORT ACT 1983 39 31. Definitions 39 32. New section 14A inserted 39 14A. Withdrawal of certain functions and powers from PTC 39 33. Loop developments 40 34. Authorised officers 40 35. Travelling without valid ticket 43 36. New sections 221A and 221B inserted 43 221A. Authorized persons 43 221B. Application by proposed employee 46 37. New Division 4A inserted in Part VII 46 Division 4A--Accreditation of passenger transport companies 46 228A. Application for accreditation 46 228B. Matters to be considered by Secretary 47 228C. Giving or refusal of accreditation 47 228D. Conditions of accreditation 48 228E. Change of conditions etc. 48 iii 531244B.I1-29/10/97

 


 

Clause Page 228F. Duration of accreditation 49 228G. Requirement to notify Secretary about charges, etc. 49 228H. Periodical returns 49 228I. Application for renewal of accreditation 50 228J. Renewal of accreditation 51 228K. Nature of accreditation 52 228L. False or misleading information 52 228M. Secretary not liable for giving accreditation 53 228N. Supervision of accredited companies 53 228O. Procedure and powers 55 228P. Immediate power of suspension 55 228Q. Effect of suspension 56 228R. Review by AAT 56 38. Tourist railways 56 PART 4--AMENDMENT OF OTHER ACTS 58 39. Border Railways Act 1922 58 40. Borrowing and Investment Powers Act 1987 59 41. Country Fire Authority Act 1958 59 42. Crimes Act 1958 59 43. Docklands Authority Act 1991 59 44. Emergency Management Act 1986 60 45. Essential Services Act 1958 60 46. Estate Agents Act 1980 60 47. Fences Act 1968 60 48. Historic Buildings Act 1981 61 49. Land Act 1958 61 50. Limitation of Actions Act 1958 62 51. Melbourne and Metropolitan Board of Works Act 1958 62 52. Melbourne City Link Act 1995 63 53. National Parks Act 1975 63 54. Pipelines Act 1967 63 55. Survey Co-ordination Act 1958 64 56. Transport Accident Act 1986 64 57. Treasury Corporation of Victoria Act 1992 66 58. Water Act 1989 67 59. Wheat Marketing Act 1989 67 NOTES 68 iv 531244B.I1-29/10/97

 


 

PARLIAMENT OF VICTORIA A BILL to reform the public transport system in Victoria, to amend the Rail Corporations Act 1996, the Transport Act 1983 and certain other Acts and for other purposes. Rail Corporations (Amendment) Act 1997 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to reform the public transport system in Victoria. 1 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 2 Act No. 2. Commencement (1) This Part comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining 5 provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 January 2000, it comes into operation on that day. 10 _______________ 2 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 3 Act No. PART 2--AMENDMENT OF RAIL CORPORATIONS ACT 1996 Division 1--Privatisation of V/Line Freight 3. V/Line Freight functions No. 79/1996. 5 At the end of section 7 of the Rail Corporations Act 1996 insert-- "(4) V/Line Freight may, with the approval or at the direction of the Minister, cease to perform all or any of its functions. 10 (5) Without limiting, or taking away, any of his or her other powers, the Minister, for and on behalf of the Crown, may be a party to any agreement providing for the sale, assignment, transfer or disposal of all or any 15 part of the property, rights, liabilities, undertaking or business of V/Line Freight or to any related franchise or other agreement of any kind whatsoever.". 4. Repeal of provisions relating to V/Line Freight 20 (1) Division 1 of Part 2 of the Rail Corporations Act 1996 is repealed. (2) In section 1 of the Rail Corporations Act 1996, omit "V/Line Freight and". (3) In the definition of "rail corporation" in section 25 3(1) of the Rail Corporations Act 1996, omit "V/Line Freight or". 3 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 5 Act No. Division 2--Corporatisation of Metropolitan Train Division of PTC 5. Definitions In section 3(1) of the Rail Corporations Act 5 1996, after the definition of "rights" insert-- ' "road" includes street, lane, bridge, thoroughfare and any other place open to or used by the public for passage with vehicles and includes every carriageway, footpath, 10 traffic island, nature strip and any area provided to separate vehicular traffic on any such street, lane, bridge, thoroughfare or other place;'. 6. New Division 2A inserted 15 After Division 2 of Part 2 of the Rail Corporations Act 1996 insert-- "Division 2A--Met Train 1 18A. Establishment (1) Met Train 1 is established. 20 (2) Met Train 1-- (a) is a body corporate with perpetual succession; (b) has an official seal; (c) may sue and be sued; 25 (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. 30 (3) All courts must take judicial notice of the seal of Met Train 1 affixed to a document 4 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 6 Act No. and, until the contrary is proved, must presume that it was duly affixed. (4) The official seal of Met Train 1 must be kept in such custody as Met Train 1 directs and 5 must not be used except as authorised by Met Train 1. 18B. Met Train 1 not to represent the Crown Met Train 1 is a public authority but does not represent the Crown. 10 18C. Objective The principal objective of Met Train 1 is to perform its functions in an efficient and commercial manner. 18D. Functions and powers 15 (1) The functions of Met Train 1 are-- (a) to operate metropolitan rail passenger services; (b) to operate services ancillary or incidental to its rail passenger services; 20 (c) any other functions conferred on Met Train 1 by this or any other Act. (2) Met Train 1-- (a) may enter into contracts, agreements, leases and licences for the carrying out 25 of its functions; (b) may acquire and operate rail infrastructure and rolling stock for the purpose of carrying out its functions; (c) may engage agents or consultants; 30 (d) may act as agent of another person; (e) may do all things necessary or convenient to be done for, or in 5 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 6 Act No. connection with, carrying out its functions or achieving its objectives. (3) Without limiting the generality of the functions and powers conferred on it, Met 5 Train 1-- (a) may form, or participate in the formation of, or be a member of companies; (b) may form, or participate in the 10 formation of, and may participate in, partnerships, trusts, unincorporated joint ventures and other arrangements for the sharing of profits; (c) may act as trustee; 15 (d) may engage in any business, undertaking or activity incidental to the performance of its functions; (e) may make its staff and land and other property vested in or managed by it 20 available for engagement or use by other persons. (4) Met Train 1 may, with the approval or at the direction of the Minister, cease to perform all or any of its functions. 25 (5) Without limiting, or taking away, any of his or her other powers, the Minister, for and on behalf of the Crown, may be a party to any agreement providing for the sale, assignment, transfer or disposal of all or any 30 part of the property, rights, liabilities, undertaking or business of Met Train 1 or to any related franchise or other agreement of any kind whatsoever. 18E. No obligation to fence 6 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 7 Act No. (1) Despite any Act or rule of law to the contrary, Met Train 1-- (a) is not required to fence or contribute to the fencing of any portion of a railway; 5 and (b) is not liable for any damage that may be caused by reason of any railway not being fenced in or fenced off. (2) Met Train 1 may, but is not obliged to, erect 10 and maintain such fences in connection with a railway as it thinks proper. 18F. Power to break up roads, etc. After consultation with the Roads Corporation and any relevant municipal 15 council, Met Train 1-- (a) may open and break up, and divert traffic from, any road on or adjacent to which there is rail infrastructure that is operated or maintained by Met Train 1; 20 and (b) may take possession of, and use, the whole or any portion of such a road.". 7. Definition of "rail corporation" In the definition of "rail corporation" in section 25 3(1) of the Rail Corporations Act 1996, after "means" insert "Met Train 1 or". 8. New Division 2B inserted After proposed Division 2A of Part 2 of the Rail Corporations Act 1996 insert-- 30 "Division 2B--Met Train 2 7 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 8 Act No. 18G. Establishment (1) Met Train 2 is established. (2) Met Train 2-- (a) is a body corporate with perpetual 5 succession; (b) has an official seal; (c) may sue and be sued; (d) may acquire, hold and dispose of real and personal property; 10 (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the seal of Met Train 2 affixed to a document 15 and, until the contrary is proved, must presume that it was duly affixed. (4) The official seal of Met Train 2 must be kept in such custody as Met Train 2 directs and must not be used except as authorised by 20 Met Train 2. 18H. Met Train 2 not to represent the Crown Met Train 2 is a public authority but does not represent the Crown. 18I. Objective 25 The principal objective of Met Train 2 is to perform its functions in an efficient and commercial manner. 18J. Functions and powers (1) The functions of Met Train 2 are-- 8 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 8 Act No. (a) to operate metropolitan rail passenger services; (b) to operate services ancillary or incidental to its rail passenger services; 5 (c) any other functions conferred on Met Train 2 by this or any other Act. (2) Met Train 2-- (a) may enter into contracts, agreements, leases and licences for the carrying out 10 of its functions; (b) may acquire and operate rail infrastructure and rolling stock for the purpose of carrying out its functions; (c) may engage agents or consultants; 15 (d) may act as agent of another person; (e) may do all things necessary or convenient to be done for, or in connection with, carrying out its functions or achieving its objectives. 20 (3) Without limiting the generality of the functions and powers conferred on it, Met Train 2-- (a) may form, or participate in the formation of, or be a member of 25 companies; (b) may form, or participate in the formation of, and may participate in, partnerships, trusts, unincorporated joint ventures and other arrangements 30 for the sharing of profits; (c) may act as trustee; 9 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 8 Act No. (d) may engage in any business, undertaking or activity incidental to the performance of its functions; (e) may make its staff and land and other 5 property vested in or managed by it available for engagement or use by other persons. (4) Met Train 2 may, with the approval or at the direction of the Minister, cease to perform all 10 or any of its functions. (5) Without limiting, or taking away, any of his or her other powers, the Minister, for and on behalf of the Crown, may be a party to any agreement providing for the sale, 15 assignment, transfer or disposal of all or any part of the property, rights, liabilities, undertaking or business of Met Train 2 or to any related franchise or other agreement of any kind whatsoever. 20 18K. No obligation to fence (1) Despite any Act or rule of law to the contrary, Met Train 2-- (a) is not required to fence or contribute to the fencing of any portion of a railway; 25 and (b) is not liable for any damage that may be caused by reason of any railway not being fenced in or fenced off. (2) Met Train 2 may, but is not obliged to, erect 30 and maintain such fences in connection with a railway as it thinks proper. 18L. Power to break up roads, etc. 10 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 9 Act No. After consultation with the Roads Corporation and any relevant municipal council, Met Train 2-- (a) may open and break up, and divert 5 traffic from, any road on or adjacent to which there is rail infrastructure that is operated or maintained by Met Train 2; and (b) may take possession of, and use, the 10 whole or any portion of such a road.". 9. Definition of "rail corporation" In the definition of "rail corporation" in section 3(1) of the Rail Corporations Act 1996, after "means" insert "Met Train 2 or". 15 Division 3--Corporatisation of Metropolitan Tram Division of PTC 10. New Division 2C inserted After proposed Division 2B of Part 2 of the Rail Corporations Act 1996 insert-- 20 "Division 2C--Met Tram 1 18M. Establishment (1) Met Tram 1 is established. (2) Met Tram 1-- (a) is a body corporate with perpetual 25 succession; (b) has an official seal; (c) may sue and be sued; (d) may acquire, hold and dispose of real and personal property; 11 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 10 Act No. (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the 5 seal of Met Tram 1 affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (4) The official seal of Met Tram 1 must be kept in such custody as Met Tram 1 directs and 10 must not be used except as authorised by Met Tram 1. 18N. Met Tram 1 not to represent the Crown Met Tram 1 is a public authority but does not represent the Crown. 15 18O. Objective The principal objective of Met Tram 1 is to perform its functions in an efficient and commercial manner. 18P. Functions and powers 20 (1) The functions of Met Tram 1 are-- (a) to operate metropolitan tram services; (b) to operate services ancillary or incidental to its tram services; (c) any other functions conferred on Met 25 Tram 1 by this or any other Act. (2) Met Tram 1-- (a) may enter into contracts, agreements, leases and licences for the carrying out of its functions; 30 (b) may acquire and operate tram infrastructure and rolling stock for the purpose of carrying out its functions; 12 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 10 Act No. (c) may engage agents or consultants; (d) may act as agent of another person; (e) may do all things necessary or convenient to be done for, or in 5 connection with, carrying out its functions or achieving its objectives. (3) Without limiting the generality of the functions and powers conferred on it, Met Tram 1-- 10 (a) may form, or participate in the formation of, or be a member of companies; (b) may form, or participate in the formation of, and may participate in, 15 partnerships, trusts, unincorporated joint ventures and other arrangements for the sharing of profits; (c) may act as trustee; (d) may engage in any business, 20 undertaking or activity incidental to the performance of its functions; (e) may make its staff and land and other property vested in or managed by it available for engagement or use by 25 other persons. (4) Met Tram 1 may, with the approval or at the direction of the Minister, cease to perform all or any of its functions. (5) Without limiting, or taking away, any of his 30 or her other powers, the Minister, for and on behalf of the Crown, may be a party to any agreement providing for the sale, assignment, transfer or disposal of all or any part of the property, rights, liabilities, 13 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 10 Act No. undertaking or business of Met Tram 1 or to any related franchise or other agreement of any kind whatsoever. 18Q. No obligation to fence 5 (1) Despite any Act or rule of law to the contrary, Met Tram 1-- (a) is not required to fence or contribute to the fencing of any portion of a tramway; and 10 (b) is not liable for any damage that may be caused by reason of any tramway not being fenced in or fenced off. (2) Met Tram 1 may, but is not obliged to, erect and maintain such fences in connection with 15 a tramway as it thinks proper. 18R. Power to break up roads, etc. After consultation with the Roads Corporation and any relevant municipal council, Met Tram 1-- 20 (a) may open and break up, and divert traffic from, any road on or adjacent to which there is tram infrastructure that is operated or maintained by Met Tram 1; and 25 (b) may take possession of, and use, the whole or any portion of such a road. 18S. Power to install stopping places, etc. After consultation with the Roads Corporation and any relevant municipal 30 council, Met Tram 1 may install, remove or re-locate stopping places and associated facilities for transport services on any road on or adjacent to which there is tram 14 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 11 Act No. infrastructure that is operated or maintained by Met Tram 1.". 11. Definition of "rail corporation" In the definition of "rail corporation" in section 5 3(1) of the Rail Corporations Act 1996, after "means" insert "Met Tram 1 or". 12. New Division 2D inserted After proposed Division 2C of Part 2 of the Rail Corporations Act 1996 insert-- 10 "Division 2D--Met Tram 2 18T. Establishment (1) Met Tram 2 is established. (2) Met Tram 2-- (a) is a body corporate with perpetual 15 succession; (b) has an official seal; (c) may sue and be sued; (d) may acquire, hold and dispose of real and personal property; 20 (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the seal of Met Tram 2 affixed to a document 25 and, until the contrary is proved, must presume that it was duly affixed. (4) The official seal of Met Tram 2 must be kept in such custody as Met Tram 2 directs and must not be used except as authorised by 30 Met Tram 2. 18U. Met Tram 2 not to represent the Crown 15 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 12 Act No. Met Tram 2 is a public authority but does not represent the Crown. 18V. Objective The principal objective of Met Tram 2 is to 5 perform its functions in an efficient and commercial manner. 18W. Functions and powers (1) The functions of Met Tram 2 are-- (a) to operate metropolitan tram services; 10 (b) to operate services ancillary or incidental to its tram services; (c) any other functions conferred on Met Tram 2 by this or any other Act. (2) Met Tram 2-- 15 (a) may enter into contracts, agreements, leases and licences for the carrying out of its functions; (b) may acquire and operate tram infrastructure and rolling stock for the 20 purpose of carrying out its functions; (c) may engage agents or consultants; (d) may act as agent of another person; (e) may do all things necessary or convenient to be done for, or in 25 connection with, carrying out its functions or achieving its objectives. (3) Without limiting the generality of the functions and powers conferred on it, Met Tram 2-- 30 (a) may form, or participate in the formation of, or be a member of companies; 16 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 12 Act No. (b) may form, or participate in the formation of, and may participate in, partnerships, trusts, unincorporated joint ventures and other arrangements 5 for the sharing of profits; (c) may act as trustee; (d) may engage in any business, undertaking or activity incidental to the performance of its functions; 10 (e) may make its staff and land and other property vested in or managed by it available for engagement or use by other persons. (4) Met Tram 2 may, with the approval or at the 15 direction of the Minister, cease to perform all or any of its functions. (5) Without limiting, or taking away, any of his or her other powers, the Minister, for and on behalf of the Crown, may be a party to any 20 agreement providing for the sale, assignment, transfer or disposal of all or any part of the property, rights, liabilities, undertaking or business of Met Tram 2 or to any related franchise or other agreement of 25 any kind whatsoever. 18X. No obligation to fence (1) Despite any Act or rule of law to the contrary, Met Tram 2-- (a) is not required to fence or contribute to 30 the fencing of any portion of a tramway; and (b) is not liable for any damage that may be caused by reason of any tramway not being fenced in or fenced off. 17 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 13 14 Act No. (2) Met Tram 2 may, but is not obliged to, erect and maintain such fences in connection with a tramway as it thinks proper. 18Y. Power to break up roads, etc. 5 After consultation with the Roads Corporation and any relevant municipal council, Met Tram 2-- (a) may open and break up, and divert traffic from, any road on or adjacent to 10 which there is tram infrastructure that is operated or maintained by Met Tram 2; and (b) may take possession of, and use, the whole or any portion of such a road. 15 18Z. Power to install stopping places, etc. After consultation with the Roads Corporation and any relevant municipal council, Met Tram 2 may install, remove or re-locate stopping places and associated 20 facilities for transport services on any road on or adjacent to which there is tram infrastructure that is operated or maintained by Met Tram 2.". 13. Definition of "rail corporation" 25 In the definition of "rail corporation" in section 3(1) of the Rail Corporations Act 1996, after "means" insert "Met Tram 2 or". Division 4--Transfer of Property 14. Allocation statements 30 (1) In the definition of "former PTC property" in section 39(1) of the Rail Corporations Act 1996, after "rail corporation" insert "or another person". 18 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 16 Act No. (2) In section 40(1) of the Rail Corporations Act 1996, after "rail corporation" insert "or another person or other persons nominated by the Minister". 5 (3) In section 40(4)(a) of the Rail Corporations Act 1996, omit "identify and". (4) In section 41(4)(a) of the Rail Corporations Act 1996, omit "identify and". (5) In section 42(a) and (b) of the Rail Corporations 10 Act 1996, after "rail corporation" insert "or other person or persons". (6) In section 53(b) of the Rail Corporations Act 1996, omit "between the PTC and Rail Track". (7) In section 56 of the Rail Corporations Act 15 1996-- (a) after "PTC" insert "or a rail corporation"; (b) for "Rail Track" substitute "a rail corporation or other person specified in the direction". 20 15. Transfer of Crown land Section 39(3) of the Rail Corporations Act 1996 is repealed. Division 5--Transfer of Staff 16. Arrangement of Part 3 25 (1) In the heading to Part 3 of the Rail Corporations Act 1996, after "PROPERTY" insert "AND STAFF". 19 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 Act No. (2) After the heading to Part 3 of the Rail Corporations Act 1996 insert-- "Division 1--Definitions". (3) After section 39 of the Rail Corporations Act 5 1996 insert-- "Division 2--Property". (4) In sections 40(5)(b), 41(5)(b), 43, 50, 51(1), 51(2), 52(1), 52(2), 52(3), 53, 54(1) and 55 for "this Part" (wherever occurring) substitute "this 10 Division". 17. Definitions (1) In section 39(1) of the Rail Corporations Act 1996-- (a) insert the following definitions-- 15 ' "new employer", in relation to a transferred PTC employee, means the rail corporation by which, by virtue of section 58, the transferred PTC employee is regarded as being 20 employed with effect from the relevant date; "transferred PTC employee" means a person who, by virtue of section 58, is regarded as being employed by a new 25 employer with effect from the relevant date;'; (b) in the definitions of "former PTC property" and "former rail corporation property" for "this Part" substitute "Division 2"; 30 (c) for the definition of "relevant date" substitute-- 20 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 17 Act No. ' "relevant date"-- (a) in relation to an allocation statement under section 40 or 41 or property, rights or liabilities 5 allocated under such a statement, means the date fixed by the Minister under sub-section (2) for the purposes of that statement; (b) in relation to a document referred 10 to in section 57(1), means the date fixed by the Minister under sub- section (2A) for the purposes of that document;'. (2) In section 39 of the Rail Corporations Act 1996, 15 after sub-section (2) insert-- "(2A) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of a document referred to in section 57(1). 20 (2B) Despite anything to the contrary in this or any other Act or in any rule of law, a building or other improvement of any kind on land may be transferred to a person in accordance with Division 2 irrespective of 25 whether the land-- (a) is being, has been or is to be transferred to that person; or (b) is being, has been or is to be transferred to a different person. 30 (2C) Despite anything to the contrary in this or any other Act or in any rule of law, land may be transferred to a person in accordance with Division 2 irrespective of whether a building or other improvement of any kind on the 35 land-- 21 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 18 Act No. (a) is being, has been or is to be transferred to that person; or (b) is being, has been or is to be transferred to a different person. 5 (2D) For the purpose of sub-sections (2B) and (2C), a building or other improvement situated on land must be taken to be personal property that is not affixed, within the meaning of any law relating to real property, 10 to the land.". 18. New Division 3 inserted In Part 3 of the Rail Corporations Act 1996, at the end of the Part insert-- "Division 3--Staff 15 57. List of PTC staff (1) Before the relevant date, the PTC must prepare and submit to the Minister a document signed by the chief executive of the PTC listing officers and employees of the 20 PTC and specifying, in respect of each such officer or employee, the rail corporation by which he or she is to be regarded as having been employed by virtue of section 58 with effect from the relevant date. 25 (2) The document may be amended by instrument signed by the chief executive of the PTC and given to the Minister and the amendment is to be regarded as having effect, or having had effect, from the relevant 30 date. (3) Nothing in this section prevents a person listed in the document as an officer or employee of the PTC from resigning or being dismissed at any time before the 22 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 18 Act No. relevant date in accordance with the terms and conditions of his or her appointment or employment. 58. Transfer of PTC staff 5 (1) A person listed as an officer or employee of the PTC in a document under section 57 who was such an officer or employee immediately before the relevant date is to be regarded as-- 10 (a) having been employed by the new employer with effect from the relevant date; and (b) having been so employed on the same terms and conditions as those that 15 applied to the person, immediately before the relevant date, as an officer or employee of the PTC; and (c) having accrued an entitlement to benefits, in connection with that 20 employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of the PTC, immediately before the relevant date. 25 (2) The service of a transferred PTC employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an 30 officer or employee of the PTC. (3) A transferred PTC 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 PTC because of this Act. 23 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 18 Act No. (4) A certificate purporting to be signed by the chief executive of the PTC certifying that a person named in the certificate was with effect from the relevant date employed, by 5 virtue of this section, by a rail corporation named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. 59. Future terms and conditions of transferred 10 employees (1) Nothing in section 58 prevents-- (a) any of the terms and conditions of employment of a transferred PTC employee from being altered by or 15 under any law, award or agreement with effect from any time after the relevant date; or (b) a transferred PTC employee from transferring to the employment of 20 another rail corporation at any time within 6 months after the relevant date on terms and conditions agreed to by the employee and that other rail corporation; or 25 (c) a transferred PTC employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her 30 employment by the new employer. (2) The service of a transferred PTC employee as an employee of another rail corporation to which he or she transfers as mentioned in sub-section (1)(b) is to be regarded for all 35 purposes as having been continuous with the service of the employee, immediately before 24 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 19 Act No. the relevant date, as an officer or employee of the PTC and with his or her service on or after that date as an employee of the other rail corporation mentioned in sub-section 5 (1)(b). (3) A transferred PTC employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of a rail corporation, being a 10 payment or benefit in respect of a period of service as an officer or employee of the PTC, if he or she has received a payment or other benefit in respect of that period by reason of having ceased to be an employee of another 15 rail corporation.". Division 6--Powers of Victorian Rail Track 19. Definitions etc. (1) In section 3(1) of the Rail Corporations Act 1996-- 20 (a) for the definition of "railway" substitute-- ' "railway track" includes heavy railway track and light railway track;'; (b) in the definition of "rolling stock"-- (i) after "railway track" insert "or 25 tramway track"; (ii) after "rail motor," insert "light rail vehicle,"; (iii) after "train," insert "tram, light inspection vehicle,"; 30 (c) after the definition of "rolling stock" insert-- 25 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 20 Act No. ' "tram infrastructure" means the facilities that are used to operate a tramway and includes, but is not limited to, tramway track, associated track structures and 5 works (such as cuttings, tunnels, bridges, stopping places, excavations, land fill, track support earthworks and drainage works), over-track structures, under-track structures, service roads, 10 signalling systems, rolling stock control systems, communications systems, notices and signs, overhead electrical power supply systems and associated buildings, workshops, depots, yards, 15 plant, machinery and equipment, but does not include rolling stock.'. (2) Section 3(2) of the Rail Corporations Act 1996 is repealed. (3) In section 8 of the Rail Corporations Act 1996-- 20 (a) for "(2) All" substitute "(3) All"; (b) for "(3)" substitute "(4)". 20. Functions and powers in relation to tramways (1) In section 11(1) of the Rail Corporations Act 1996-- 25 (a) after paragraph (a) insert-- "(ab) to establish, manage and maintain tramways and tram infrastructure;"; (b) in paragraph (b) after "railways" insert "and tramways"; 30 (c) after paragraph (b) insert-- 26 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 21 Act No. "(ba) if directed to do so by the Minister by Order published in the Government Gazette-- (i) to operate metropolitan rail 5 passenger services or metropolitan tram services; (ii) to operate services ancillary or incidental to its rail passenger or tram services;". 10 (2) In section 11(2)(b) of the Rail Corporations Act 1996, after "operate" insert "rail infrastructure, tram infrastructure or". 21. No obligation to fence tramway In section 13(1) and (2) of the Rail Corporations 15 Act 1996, after "railway" (wherever occurring) insert "or tramway". 22. New sections 13A and 13B inserted After section 13 of the Rail Corporations Act 1996 insert-- 20 "13A. Power to break up roads, etc. After consultation with the Roads Corporation and any relevant municipal council, Rail Track may-- (a) open and break up, and divert traffic 25 from, any road on or adjacent to which there is rail infrastructure or tram infrastructure that is operated or maintained by it; and (b) take possession of, and use, the whole 30 or any portion of such a road. 13B. Power to install stopping places, etc. 27 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 23 Act No. After consultation with the Roads Corporation and any relevant municipal council, Rail Track may install, remove or re-locate stopping places and associated 5 facilities for transport services on any road on or adjacent to which there is tram infrastructure that is operated or maintained by it.". 23. New sections 13C to 13F inserted 10 After proposed section 13B of the Rail Corporations Act 1996 insert-- '13C. Acquisition of land (1) Rail Track may, with the approval of the Minister, purchase or compulsorily acquire 15 any land which is or may be required by it for, or in connection with, carrying out its functions or achieving its objectives. (2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that 20 purpose-- (a) the Rail Corporations Act 1996 is the special Act; and (b) Rail Track is the Authority; and (c) "land" includes strata above or below 25 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 30 effect as if it empowered Rail Track to enter any land and section 75(6) did not apply. (3) If any right to use land or any right in the nature of an easement or purporting to be an 28 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 23 Act No. easement is acquired by Rail Track, that right is deemed for all purposes to be an easement despite there being no land vested in Rail Track or its successors which is in 5 fact benefited or capable of being benefited by that right. (4) If by or under this Act any private right of way or easement is extinguished or any easement is acquired by Rail Track-- 10 (a) the Registrar-General is authorised and directed to make any entries in the records of enrolment of any Crown grant or in any memorial that are necessary or expedient in consequence 15 of that extinguishment or acquisition; and (b) the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that 20 extinguishment or acquisition and the holder of any relevant certificate of title must deliver it to the Registrar of Titles. (5) Sub-section (4) does not apply to an 25 easement acquired compulsorily by Rail Track. 13D. Rail Track may use Crown lands reserved under Crown Land (Reserves) Act 1978 (1) Rail Track may, with the approval of the 30 Minister administering section 22A of the Land Act 1958 (in this section referred to as "the relevant Minister") given after consultation with any other Ministers concerned with the management or use of the 35 land, use any Crown land for transport purposes. 29 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 23 Act No. (2) If any Crown land proposed to be used for transport purposes by Rail Track is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that 5 use, Rail Track must not use the land unless and until the reservation is revoked in accordance with section 9 of that Act. (3) Rail Track must make compensation, in respect of the use under this section by it of 10 any Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose inconsistent with that use, in the manner and to the extent agreed by Rail Track and the relevant Minister. 15 (4) An agreement under sub-section (3) may provide for-- (a) the payment by Rail Track of a sum of money agreed by Rail Track and the relevant Minister; or 20 (b) the undertaking of works or making of provision by Rail Track in place of any improvements on the land as agreed by Rail Track and the relevant Minister; or (c) both matters referred to in paragraphs 25 (a) and (b). (5) If an agreement under sub-section (3) provides for the payment of a sum of money, that money must be paid to the relevant Minister, unless he or she otherwise directs. 30 (6) The relevant Minister may direct that money to be paid under an agreement under sub- section (3) must be paid to-- (a) the trustees in whom or the municipal council in which the land is vested; or 30 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 23 Act No. (b) the committee of management appointed in respect of the land; or (c) the authority under whose control and management the land has been placed 5 under section 18 of the Crown Land (Reserves) Act 1978; or (d) any other person or persons agreed by Rail Track and the relevant Minister-- and may further direct how the money is to 10 be applied. (7) If any dispute arises as to the amount of any sum of money payable under this section, that dispute is to be determined by the Governor in Council. 15 13E. Grant of unalienated Crown land (1) If any land vested in Rail Track under this Act was immediately before its use for transport purposes unalienated land of the Crown, whether set apart as a government 20 road or not, the Governor in Council, on the recommendation of the Minister administering section 22A of the Land Act 1958, may grant that land to Rail Track subject to any conditions, exceptions and 25 reservations that the Governor in Council thinks fit. (2) Sub-section (1) is subject to section 8 of the Crown Land (Reserves) Act 1978 and section 349 of the Land Act 1958. 30 13F. Surplus land (1) In this section "surplus land" means land which is vested in Rail Track but which is no longer required by Rail Track for, or in connection with, carrying out its functions or 35 achieving its objectives. 31 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 23 Act No. (2) Rail Track with the approval of the Minister-- (a) may sell any surplus land; or (b) may grant leases of any land even land 5 which was granted to Rail Track or to any other person subject to a trust or condition requiring it to be used for some particular purpose or land temporarily or permanently reserved for 10 any purpose under the Crown Land (Reserves) Act 1978 or any previous Act relating to Crown land; or (c) may develop any surplus land and for this purpose may-- 15 (i) subdivide and re-subdivide the land; or (ii) consolidate the title to the land; or (iii) grant or create in favour of any person any easement over the land 20 on any terms and conditions that Rail Track thinks fit; or (iv) effect or arrange with other persons for the development of the land on any terms and conditions 25 that Rail Track thinks fit; or (v) maintain, operate and manage or arrange with other persons to maintain, operate and manage the land and any buildings, works, 30 structures and other property on the land; or (vi) promote a Property Trust and-- (A) with the consent of the Treasurer, subscribe for or 32 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 23 Act No. otherwise acquire and dispose of any unit or units in the Trust; or (B) enter into arrangements with 5 the Trust for the management by Rail Track of the Trust; or (C) enter into any contracts with the Trust that Rail Track 10 deems necessary to guarantee to unit holders in the Trust an agreed return; or (D) make any loans to the Trust on any terms that Rail Track 15 thinks fit. (3) Any Property Trust promoted under this section must provide that the trustees are to be appointed by the Minister. (4) In this section "develop" means improve 20 land for any commercial or civic or other public or private purpose and includes the construction, demolition or substantial alteration of any structure in or on the land or the excavation of the land. 25 (5) On Rail Track divesting itself, or being divested, of its interest in any land on, under or over which there was constructed a railway or tramway, the liability (if any) of Rail Track to-- 30 (a) maintain a railway or tramway on, under or over that land; and (b) maintain any bridge bearing a road over the whole or any part of that land or any crossing, culvert, drain or stream 35 diversion appurtenant to that land-- 33 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 24 Act No. absolutely ceases and determines.'. 24. Declared railway services (1) In section 3(1) of the Rail Corporations Act 1996, the definitions of "declared railway service" 5 and "Office" are repealed. (2) Sections 14 to 18 of the Rail Corporations Act 1996 are repealed. Division 7--Other Amendments 25. Purpose of Act 10 In section 1 of the Rail Corporations Act 1996, after "Track" insert "and certain passenger transport corporations". 26. Disclosure of interests In clause 11 of Schedule 1 to the Rail 15 Corporations Act 1996, after sub-clause (4) insert-- "(5) Sub-clauses (1) and (2) do not apply in relation to a matter relating to an existing or proposed contract of insurance or instrument of indemnity merely because 20 the contract or instrument insures or indemnifies, or would insure or indemnify, a director against a liability (other than a liability referred to in section 26) incurred by the director as an officer of the rail corporation.". 25 Division 8--Transitional Provisions 27. New Part 4 substituted For Part 4 of the Rail Corporations Act 1996 substitute-- "PART 4--MISCELLANEOUS 30 60. Privatisation of V/Line Freight 34 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 28 Act No. On the commencement of section 4 of the Rail Corporations (Amendment) Act 1997-- (a) V/Line Freight is abolished; 5 (b) all directors of V/Line Freight go out of office; (c) the chief executive officer of V/Line Freight goes out of office; (d) the Public Transport Corporation 10 established under Part II of the Transport Act 1983 becomes the successor in law of V/Line Freight.". 28. New section 61 inserted In Part 4 of the Rail Corporations Act 1996, 15 after proposed section 60 insert-- "61. No obligation to fence (1) The Governor in Council, by Order published in the Government Gazette, may declare that this section applies, on and from 20 a date specified in the Order and subject to any terms and conditions specified in the Order, to a person or body specified in the Order that-- (a) has entered into a contract with the 25 Secretary (within the meaning of the Transport Act 1983) on behalf of the Crown for the provision by that person or body of a service carrying passengers by railway or tramway; or 30 (b) has taken an assignment of the rights and liabilities of a person or body (other than the Secretary) under a contract referred to in paragraph (a). 35 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 29 Act No. (2) This section also applies to a person or body to which the rights and liabilities under a contract referred to in sub-section (1) of a person or body specified in an Order made 5 under that sub-section have been assigned. (3) Despite any Act or rule of law to the contrary, a person or body to which this section applies-- (a) is not required to fence or contribute to 10 the fencing of any portion of a railway or tramway; and (b) is not liable for any damage that may be caused by reason of any railway or tramway not being fenced in or fenced 15 off. (4) A person or body to which this section applies may, but is not obliged to, erect and maintain such fences in connection with a railway or tramway as it thinks proper.". 20 29. New section 62 inserted In Part 4 of the Rail Corporations Act 1996, after proposed section 61 insert-- "62. Power to break up roads, etc. (1) The Governor in Council, by Order 25 published in the Government Gazette, may declare that this section applies, on and from a date specified in the Order and subject to any terms and conditions specified in the Order, to a person or body specified in the 30 Order that-- (a) has entered into a contract with the Secretary (within the meaning of the Transport Act 1983) on behalf of the Crown for the provision by that person 36 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 30 Act No. or body of a service carrying passengers by railway or tramway; or (b) has taken an assignment of the rights and liabilities of a person or body 5 (other than the Secretary) under a contract referred to in paragraph (a). (2) This section also applies to a person or body to which the rights and liabilities under a contract referred to in sub-section (1) of a 10 person or body specified in an Order made under that sub-section have been assigned. (3) After consultation with the Roads Corporation and any relevant municipal council, a person or body to which this 15 section applies-- (a) may 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 20 maintained by that person or body; and (b) may take possession of, and use, the whole or any portion of such a road.". 30. New section 63 inserted In Part 4 of the Rail Corporations Act 1996, 25 after proposed section 62 insert-- "63. Power to install stopping places, etc. (1) The Governor in Council, by Order published in the Government Gazette, may declare that this section applies, on and from 30 a date specified in the Order and subject to any terms and conditions specified in the Order, to a person or body specified in the Order that-- 37 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 30 Act No. (a) has entered into a contract with the Secretary (within the meaning of the Transport Act 1983) on behalf of the Crown for the provision by that person 5 or body of a service carrying passengers by tramway; or (b) has taken an assignment of the rights and liabilities of a person or body (other than the Secretary) under a 10 contract referred to in paragraph (a). (2) This section also applies to a person or body to which the rights and liabilities under a contract referred to in sub-section (1) of a person or body specified in an Order made 15 under that sub-section have been assigned. (3) After consultation with the Roads Corporation and any relevant municipal council, a person or body to which this section applies may install, remove or re- 20 locate stopping places and associated facilities for transport services on any road on or adjacent to which there is tram infrastructure that is operated or maintained by that person.". 25 _______________ 38 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 31 Act No. PART 3--AMENDMENT OF TRANSPORT ACT 1983 31. Definitions No. 9921. In section 2(1) of the Transport Act 1983, insert Reprint No. 5 the following definitions-- as at 1 June 1997. Further 5 ' "passenger transport company" means-- amended by Nos 28/1996 (a) the Public Transport Corporation; or and 37/1996. (b) a rail corporation within the meaning of the Rail Corporations Act 1996 that provides a service of carrying 10 passengers by railway or tramway; or (c) a person or body that has entered into a contract with the Secretary on behalf of the Crown for the provision by that person or body of a service carrying 15 passengers by railway or tramway; "Rail Track" means Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996;'. 32. New section 14A inserted 20 After section 14 of the Transport Act 1983 insert-- "14A. Withdrawal of certain functions and powers from PTC (1) If a person or body is given a function of 25 providing a transport service of a particular kind in a particular area and, but for this section, the Public Transport Corporation would also have that function in relation to that kind of transport service in that area, the 30 Public Transport Corporation does not have that function and any power or duty that the Public Transport Corporation has in 39 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 33 Act No. connection with, or as incidental to, the performance of that function is withdrawn accordingly. (2) Sub-section (1) applies-- 5 (a) despite anything to the contrary in this or any other Act; and (b) where a person or body is given a function-- (i) under Part 2 of the Rail 10 Corporations Act 1996; or (ii) under a contract entered into with the Secretary on behalf of the Crown; or (iii) under a contract rights and 15 liabilities under which have been assigned to the Secretary on behalf of the Crown; or (iv) by virtue of, or in connection with, a transfer of property, rights 20 or liabilities to that person or body under Division 2 of Part 3 of the Rail Corporations Act 1996.". 33. Loop developments (1) In section 54(1), (2), (4), (5) and (6) of the 25 Transport Act 1983, for "the Public Transport Corporation" substitute "Rail Track". (2) In section 54(1) and (2)(c) of the Transport Act 1983, for "that Corporation" substitute "Rail Track". 30 34. Authorised officers (1) In section 211 of the Transport Act 1983, after sub-section (2) insert-- 40 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 34 Act No. "(3) The Secretary may only appoint under sub- section (1) a person whom the Secretary is satisfied-- (a) is competent to exercise the functions 5 conferred on an authorised officer; and (b) is of good repute, having regard to character, honesty and integrity; and (c) has agreed in writing to exercise the functions conferred on an authorised 10 officer according to performance criteria established from time to time by the Secretary. (4) The Secretary must issue an identity card to any person appointed by him or her under 15 sub-section (1). (5) An identity card under sub-section (4) must-- (a) contain a photograph of the authorised officer; and 20 (b) contain the signature of the authorised officer; and (c) be signed by an officer of the Department authorised by the Secretary to do so either generally or in any 25 particular case. (6) A person issued with an identity card under sub-section (4) must produce it on being requested to do so. Penalty: 5 penalty units. 30 (7) Any action taken or thing done by an authorised officer is not invalidated by his or her failure to produce his or her identity card. 41 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 34 Act No. (8) A person must not falsely represent himself or herself to be an authorised officer. Penalty: 10 penalty units.". (2) In section 218B of the Transport Act 1983, after 5 sub-section (1A) insert-- "(1B) The Secretary may only appoint under sub- section (1) a person whom the Secretary is satisfied-- (a) is competent to exercise the functions 10 conferred on an authorised officer; and (b) is of good repute, having regard to character, honesty and integrity; and (c) has agreed in writing to exercise the functions conferred on an authorised 15 officer according to performance criteria established from time to time by the Secretary. (1C) The Secretary must issue an identity card to any person appointed by him or her under 20 sub-section (1). (1D) An identity card under sub-section (1C) must-- (a) contain a photograph of the authorised officer; and 25 (b) contain the signature of the authorised officer; and (c) be signed by an officer of the Department authorised by the Secretary to do so either generally or in any 30 particular case. 42 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 35 Act No. (1E) A person issued with an identity card under sub-section (1C) must produce it on being requested to do so. Penalty: 5 penalty units. 5 (1F) Any action taken or thing done by an authorised officer is not invalidated by his or her failure to produce his or her identity card. (1G) A person must not falsely represent himself 10 or herself to be an authorised officer. Penalty: 10 penalty units.". 35. Travelling without valid ticket (1) In section 221(1)(b) of the Transport Act 1983, for "the Public Transport Corporation" substitute 15 "a passenger transport company". (2) In section 221(6) of the Transport Act 1983, for "the Public Transport Corporation" substitute "a passenger transport company". (3) In section 221(7) of the Transport Act 1983-- 20 (a) for "the Public Transport Corporation" substitute "a passenger transport company"; (b) for "that Corporation" (wherever occurring) substitute "that company". 36. New sections 221A and 221B inserted 25 After section 221 of the Transport Act 1983 insert-- "221A. Authorized persons (1) The Secretary may only authorise under section 221(1)(c) a person whom the 30 Secretary is satisfied-- (a) is competent to exercise the functions conferred on an authorized person; and 43 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 36 Act No. (b) is of good repute, having regard to character, honesty and integrity; and (c) has agreed in writing to exercise the functions conferred on an authorized 5 person according to performance criteria established from time to time by the Secretary; and (d) is employed or engaged by a passenger transport company that has in place a 10 system for the management of authorized persons that is accredited by the Secretary under Division 4A as being adequate for the purposes of section 221. 15 (2) The Secretary must issue an identity card to any person authorised by him or her under section 221(1)(c). (3) An identity card under sub-section (2) must-- 20 (a) contain a photograph of the authorized person; and (b) contain the signature of the authorized person; and (c) be signed by an officer of the 25 Department authorised by the Secretary to do so either generally or in any particular case. (4) A person issued with an identity card under sub-section (2) must produce it on being 30 requested to do so. Penalty: 5 penalty units. (5) Any action taken or thing done by an authorized person is not invalidated by his or 44 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 36 Act No. her failure to produce his or her identity card. (6) A person must not falsely represent himself or herself to be an authorized person. 5 Penalty: 10 penalty units. (7) The Secretary may at any time, by written notice served on the authorized person, revoke an authorisation under section 221(1)(c) if satisfied that-- 10 (a) the authorized person has on any occasion in exercising his or her functions acted unreasonably or abused his or her power; or (b) the authorized person has been 15 convicted or found guilty of an offence of a kind that, in the opinion of the Secretary, renders it inappropriate that he or she continue as an authorized person; or 20 (c) the authorized person has, in connection with the granting of the authorisation, given false or misleading information. (8) An authorisation under section 221(1)(c) 25 ceases to exist by force of this sub-section if-- (a) the passenger transport company by which the authorized person is employed or engaged ceases to be 30 accredited for the purposes of section 221; or (b) the authorized person ceases to be employed or engaged by that company. 45 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 37 Act No. (9) An authorized person may apply to the Administrative Appeals Tribunal for a review of a decision by the Secretary under sub-section (7) to revoke his or her 5 authorisation. 221B. Application by proposed employee (1) A person who is seeking, or proposing to seek, to become employed or engaged by a passenger transport company may apply to 10 the Secretary for a certificate as to whether or not, in the opinion of the Secretary, that person meets the criteria specified in section 221A(1)(a) and (b). (2) An application-- 15 (a) must be made in the manner and form determined by the Secretary; (b) must be accompanied by-- (i) the prescribed application fee; (ii) any other things that are 20 prescribed. (3) The Secretary may require an applicant-- (a) to furnish further information specified by the Secretary; or (b) to verify, by statutory declaration, 25 information furnished for the purposes of the application.". 37. New Division 4A inserted in Part VII After Division 4 of Part VII of the Transport Act 1983 insert-- 30 "Division 4A--Accreditation of passenger transport companies 228A. Application for accreditation 46 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 37 Act No. (1) A passenger transport company may apply to the Secretary for accreditation for the purposes of section 221. (2) An application-- 5 (a) must be made in the manner and form determined by the Secretary; (b) must be accompanied by-- (i) the prescribed application fee; (ii) any other things that are 10 prescribed. (3) The Secretary may require an applicant for accreditation-- (a) to furnish further information specified by the Secretary; or 15 (b) to verify, by statutory declaration, information furnished for the purposes of the application. 228B. Matters to be considered by Secretary In determining whether to give an 20 accreditation, the Secretary must consider-- (a) the system that the applicant has in place, or proposes to have in place, for the management of authorized persons; and 25 (b) any matters that are prescribed. 228C. Giving or refusal of accreditation (1) The Secretary may give or refuse to give an accreditation. (2) If the Secretary refuses to give an 30 accreditation, the Secretary must notify the 47 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 37 Act No. applicant in writing of the refusal and the reasons for it. 228D. Conditions of accreditation (1) An accreditation is subject to-- 5 (a) any prescribed condition; (b) any other condition imposed by the Secretary. (2) Particulars of an accreditation and of the conditions to which it is subject are to be 10 given in writing by the Secretary to the accredited company. 228E. Change of conditions etc. (1) The Secretary may at any time vary or revoke a condition of an accreditation or 15 impose a new condition. (2) The Secretary may act under sub-section (1)-- (a) of his or her own initiative; or (b) on the written application of the 20 accredited company. (3) Except where the Secretary considers it necessary to take action in the interests of public safety, the Secretary must, before taking action under sub-section (2)(a), give 25 the accredited company written notice of the intended action and allow it to make written representations about the intended action within 10 working days. 48 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 37 Act No. (4) Particulars of any action taken under sub- section (1) are to be given in writing by the Secretary to the accredited company. 228F. Duration of accreditation 5 (1) An accreditation remains in force for the prescribed period unless-- (a) the accreditation is sooner cancelled or surrendered; or (b) that period is shortened under section 10 228N(3)(b)(iii). (2) The Secretary may give a temporary accreditation for a period of less than 12 months. 228G. Requirement to notify Secretary about 15 charges, etc. If at any time while an accreditation is in force-- (a) the accredited company becomes aware that an authorized person employed or 20 engaged by it has been convicted or found guilty of an offence or has been charged with an offence and the charge has not been finally disposed of; and (b) particulars of that conviction, finding or 25 charge have not previously been given by the accredited company to the Secretary-- the accredited company must immediately notify the Secretary of the particulars of that 30 conviction, finding or charge. Penalty: 10 penalty units. 228H. Periodical returns 49 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 37 Act No. (1) A company that holds an accreditation (other than a temporary accreditation) must, for each prescribed period, lodge with the Secretary by the prescribed date a return 5 containing the prescribed information. (2) If an accredited company fails to comply with sub-section (1), the Secretary may, by notice in writing served on it, require that company to make good the default. 10 (3) If an accredited company fails to comply with a notice under sub-section (2) within 14 days after service of the notice, the accreditation is, by force of this sub-section, suspended until it complies with the notice. 15 (4) If an accredited company fails to comply with a notice under sub-section (2) within 6 months after service of the notice, the accreditation is, by force of this sub-section, cancelled. 20 228I. Application for renewal of accreditation (1) An accredited company (other than the holder of a temporary accreditation) may apply to the Secretary for renewal of the accreditation. 25 (2) The holder of a temporary accreditation may, within the period of 2 years beginning at the commencement of section 37 of the Rail Corporations (Amendment) Act 1997, apply to the Secretary for renewal of the 30 temporary accreditation. (3) A renewal application-- (a) must be made in the manner and form determined by the Secretary; (b) must be accompanied by-- 50 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 37 Act No. (i) the prescribed renewal application fee; (ii) any other things that are prescribed. 5 (4) A renewal application must be made not later than the prescribed number of days before the expiry of the accreditation. (5) Despite sub-section (4), the Secretary may consider a renewal application made later 10 than the time applying under sub-section (4) if the applicant pays the prescribed late renewal application fee. (6) The Secretary may refuse to consider a renewal application made earlier than the 15 day prescribed for the purposes of this sub- section. 228J. Renewal of accreditation (1) The Secretary may renew or refuse to renew an accreditation. 20 (2) On renewing an accreditation the Secretary may-- (a) renew it as then in force; or (b) vary or revoke any of the conditions to which the accreditation is subject; or 25 (c) impose a new condition on the accreditation. (3) Particulars of the renewal of an accreditation and of the conditions to which it is subject are to be given in writing by the Secretary to 30 the accredited company. (4) A renewed accreditation remains in force for the prescribed period unless-- 51 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 37 Act No. (a) the accreditation is sooner cancelled or surrendered; or (b) that period is shortened under section 228N(3)(b)(iii). 5 (5) If the Secretary refuses to renew an accreditation, the Secretary must notify the accredited company in writing of the refusal and the reasons for it. 228K. Nature of accreditation 10 (1) An accreditation-- (a) is personal to the accredited company; (b) is not capable of being transferred or assigned to any other person or, subject to sub-section (3), otherwise dealt with 15 by the accredited company; (c) does not vest by operation of law in any other person. (2) A purported transfer or assignment of an accreditation and any other purported 20 dealing by the accredited company with an accreditation (otherwise than under and in accordance with sub-section (3)) is of no effect. (3) An accredited company may, with the 25 consent of the Secretary and in accordance with the regulations, surrender an accreditation. (4) This section has effect despite anything in any Act or rule of law to the contrary. 30 228L. False or misleading information (1) A passenger transport company must not in, or in relation to, an application for accreditation or for the renewal of an 52 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 37 Act No. accreditation give information that is false or misleading in a material particular. Penalty: 60 penalty units. (2) In a proceeding for an offence against sub- 5 section (1) it is a defence to the charge for the accused to prove that at the time at which the offence is alleged to have been committed, the accused believed on reasonable grounds-- 10 (a) in the case of false information--that the information was true; or (b) in the case of misleading information-- that the information was not misleading. 15 228M. Secretary not liable for giving accreditation No liability attaches to the Secretary for giving an accreditation to any passenger transport company under this Division. 228N. Supervision of accredited companies 20 (1) The Secretary may hold an inquiry for the purpose of determining whether proper cause exists for taking action against a passenger transport company that is, or has been, an accredited company. 25 (2) There is proper cause for taking action against a passenger transport company that is, or has been, an accredited company if-- (a) the company has failed to maintain an adequate system for the management of 30 authorized persons; or (b) the company obtained the accreditation improperly. 53 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 37 Act No. (3) If, following an inquiry, the Secretary is satisfied that proper cause for taking action against the passenger transport company exists, the Secretary has power to do one or 5 more of the following-- (a) reprimand the company; (b) if the company is accredited-- (i) warn the company that should further proper cause for taking 10 action be found to exist, the company may be disqualified from holding an accreditation; (ii) impose one or more new conditions on the accreditation; 15 (iii) shorten the period for which the accreditation is to remain in force; (iv) suspend the accreditation for a specified period or until a specified event or until a further 20 determination made by the Secretary; (v) cancel the accreditation immediately or with effect from a specified later date; 25 (c) disqualify the company from holding an accreditation-- (i) until a specified event; or (ii) until a further determination made by the Secretary. 30 (4) The Secretary may exercise the powers conferred by this section in relation to conduct occurring before or after the commencement of section 37 of the Rail Corporations (Amendment) Act 1997. 54 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 37 Act No. 228O. Procedure and powers (1) In exercising his or her powers under section 228N, the Secretary-- (a) must act fairly and according to equity 5 and good conscience without regard to technicalities or legal forms; (b) is not required to conduct himself or herself in a formal manner; (c) is not bound by rules or practice as to 10 evidence but may inform himself or herself in relation to any matter in any manner that he or she thinks fit. (2) For the purpose of and in connection with any inquiry under section 228N, the 15 Secretary has the powers conferred by sections 14, 15, 16, 20, 20A and 21A of the Evidence Act 1958 on a board appointed by the Governor in Council and those sections apply as if the Secretary were the sole 20 member of the board. (3) Subject to this Division and the regulations, the procedure of the Secretary on or in connection with an inquiry under section 228N is in his or her discretion. 25 228P. Immediate power of suspension (1) The Secretary may, subject to and in accordance with the regulations, without holding an inquiry under section 228N, immediately suspend an accreditation given 30 to a passenger transport company under this Division if the Secretary considers it necessary to do so in the interests of public safety. (2) A suspension under this section may be for a 35 specified period or until a specified event or 55 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 38 Act No. until a further determination made by the Secretary. (3) A passenger transport company whose accreditation has been suspended under this 5 section may, by notice served on the Secretary, require the Secretary to hold an inquiry under section 228N. (4) The Secretary must commence an inquiry under section 228N within 7 days after the 10 service on him or her of a notice under sub- section (3). (5) If an inquiry is held under section 228N, a suspension under this section, if then still in effect, ceases to have effect on the 15 completion of that inquiry. (6) Nothing in this section limits any power of the Secretary under section 228N. 228Q. Effect of suspension A passenger transport company whose 20 accreditation is suspended is not accredited during the period of suspension. 228R. Review by AAT A passenger transport company may apply to the Administrative Appeals Tribunal for 25 review of a decision by the Secretary under this Division in relation to-- (a) an application for accreditation or renewal of an accreditation; or (b) an accreditation; or 30 (c) a passenger transport company that is, or has been, accredited under this Division.". 38. Tourist railways 56 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 38 Act No. In section 248 of the Transport Act 1983-- (a) in paragraph (a), for "the Public Transport Corporation" substitute "a passenger transport company or Rail Track"; 5 (b) in paragraph (b)(ii) and (iii), for "the Public Transport Corporation" substitute "a passenger transport company". _______________ 57 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 39 Act No. PART 4--AMENDMENT OF OTHER ACTS No. 3194. 39. Border Railways Act 1922 Amended by (1) For the definition of "Authority" in section 4 of Nos 9921, 9956 and the Border Railways Act 1922 substitute-- 31/1994. 5 ' "Authority" means Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996;'. (2) In section 4 of the Border Railways Act 1922, at the end of the section insert-- 10 "(2) On the commencement of section 39 of the Rail Corporations (Amendment) Act 1997, Victorian Rail Track becomes the successor in law of the Public Transport Corporation as the Authority under and for 15 the purposes of this Act and the Agreement and, without limiting the generality of this provision, on that commencement Victorian Rail Track shall, by force of this sub- section-- 20 (a) be substituted as a party to any arrangement or contract to which the Public Transport Corporation as the Authority was a party immediately before that commencement; and 25 (b) be substituted as a party to any proceedings pending in any court or tribunal to which the Public Transport Corporation as the Authority was a party immediately before that 30 commencement.". 58 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 40 Act No. 40. Borrowing and Investment Powers Act 1987 No. 13/1987. Reprint No. 4 In Schedule 1 to the Borrowing and Investment as at 12 Powers Act 1987, after item 8 insert-- September 1997. "8A. Met Train 1 5, 8, 10, 11, 11AA, 11AB, 5 13, 14, 14A, 15, 20, 20A and 21 8B. Met Train 2 5, 8, 10, 11, 11AA, 11AB, 13, 14, 14A, 15, 20, 20A and 21 10 8C. Met Tram 1 5, 8, 10, 11, 11AA, 11AB, 13, 14, 14A, 15, 20, 20A and 21 8D. Met Tram 2 5, 8, 10, 11, 11AA, 11AB, 13, 14, 14A, 15, 20, 20A 15 and 21.". No. 6228. 41. Country Fire Authority Act 1958 Reprint No. 7 as at In section 3 of the Country Fire Authority Act 7 November 1958, in the definition of "heat engine" after 1996. Further amended by "Corporation" insert "or Victorian Rail Track Nos 59/1996, 20 established by Division 2 of Part 2 of the Rail 24/1997 and 36/1997. Corporations Act 1996". No. 6231. 42. Crimes Act 1958 Reprint No. 13 as at 5 June In Form 21 in the Sixth Schedule to the Crimes 1997. Further Act 1958, for "the Public Transport Corporation" amended by 25 Nos 66/1996, (where twice occurring) substitute "C.D.". 26/1997, 30/1997, 44/1997 and 48/1997. No. 22/1991. 43. Docklands Authority Act 1991 Reprinted to In section 28(2) of the Docklands Authority Act No. 107/1995. Further 1991-- amended by Nos 9/1996 (a) after "Public Transport Corporation" insert and 73/1996. 30 ", Victorian Rail Track established by 59 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 44 Act No. Division 2 of Part 2 of the Rail Corporations Act 1996"; (b) for "Authority or Corporation" substitute "Corporation, Authority or other body". No. 30/1986. 5 44. Emergency Management Act 1986 Reprinted to In section 22 of the Emergency Management No. 97/1994. Act 1986, at the end of the section insert-- "(2) For the purposes of this Part, a rail corporation within the meaning of the Rail 10 Corporations Act 1996 is deemed to be a government agency. (3) Sub-section (2) does not prevent a rail corporation deemed by that sub-section to be a government agency from receiving 15 compensation under section 24 for the taking and use of its property.". No. 6244. 45. Essential Services Act 1958 Reprint No. 4 In section 3 of the Essential Services Act 1958, as at 15 May 1997. in the definition of "essential service" for "the 20 Public Transport Corporation" substitute "a passenger transport company within the meaning of the Transport Act 1983, a rail corporation within the meaning of the Rail Corporations Act 1996". No. 9428. 25 46. Estate Agents Act 1980 Reprint No. 5 In section 5(1)(b) of the Estate Agents Act 1980, as at 23 January 1997. after "Public Transport Corporation," insert "Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996,". No. 7733. 30 47. Fences Act 1968 Reprint No. 5 In section 19(4) of the Fences Act 1968, after as at 22 August 1997. "1983" insert "or a passenger transport company within the meaning of that Act or in a rail 60 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 48 Act No. corporation within the meaning of the Rail Corporations Act 1996". No. 9667. 48. Historic Buildings Act 1981 Reprinted to In section 3 of the Historic Buildings Act 1981, No. 62/1991 and 5 in the definition of "public authority" after "Public subsequently Transport Corporation," insert "Victorian Rail amended by Nos 126/1993, Track established by Division 2 of Part 2 of the 130/1993, Rail Corporations Act 1996,". 31/1994, 49/1994, 53/1994, 110/1994, 112/1994, 31/1995, 56/1995, 82/1995, 93/1995, 100/1995 and 71/1996. No. 6284. 49. Land Act 1958 Reprint No. 8 10 (1) In section 341(1)(c) of the Land Act 1958, after as at 1 February "Corporation" insert "or Victorian Rail Track 1997. established by Division 2 of Part 2 of the Rail Corporations Act 1996". (2) In section 348 of the Land Act 1958-- 15 (a) after "Corporation" (where first occurring) insert "or Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996"; 61 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 51 Act No. (b) after "Corporation" (where secondly occurring) insert "or Victorian Rail Track (as the case requires)". (3) In section 355 of the Land Act 1958, after 5 "Corporation" insert "or Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996". No. 6295. 50. Limitation of Actions Act 1958 Reprinted to In section 7A of the Limitation of Actions Act No. 120/1993. 10 1958-- (a) after "1983" insert "or of Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996"; (b) after "that Corporation" insert "or Victorian 15 Rail Track (as the case requires)". No. 6310. 51. Melbourne and Metropolitan Board of Works Act Reprint No. 8 1958 as at 17 April 1997. Further (1) In section 149 of the Melbourne and amended by Metropolitan Board of Works Act 1958-- Nos 38/1997 and 45/1997. 20 (a) for "the Public Transport Corporation" (where first occurring) substitute "a passenger transport company within the meaning of the Transport Act 1983 or a rail corporation within the meaning of the Rail 25 Corporations Act 1996"; (b) for "the Public Transport Corporation" (where secondly occurring) substitute "that company or corporation"; (c) for "the Public Transport Corporation" 30 (where thirdly occurring) substitute "a passenger transport company or rail corporation"; (d) for "objections it have" substitute "objections it has". 62 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 52 Act No. (2) In section 259(1) of the Melbourne and Metropolitan Board of Works Act 1958, in the definition of "public corporation" after "Public Transport Corporation," insert "Victorian Rail 5 Track established by Division 2 of Part 2 of the Rail Corporations Act 1996,". (3) In section 276(7) of the Melbourne and Metropolitan Board of Works Act 1958-- (a) for "the Public Transport Corporation" 10 substitute "a passenger transport company within the meaning of the Transport Act 1983 or Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996"; 15 (b) for "them" substitute "it". No. 107/1995. 52. Melbourne City Link Act 1995 Reprint No. 1 In section 3 of the Melbourne City Link Act as at 8 August 1997. 1995, in the definition of "public body" after paragraph (f) insert-- 20 "(g) a passenger transport company within the meaning of the Transport Act 1983;". No. 8702. 53. National Parks Act 1975 Reprint No. 6 (1) In section 3(2) of the National Parks Act 1975, as at 12 September after "Public Transport Corporation" insert 1997. 25 ", Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996,". (2) In section 28 of the National Parks Act 1975, for "The Public Transport Corporation" substitute "Victorian Rail Track established by Division 2 of 30 Part 2 of the Rail Corporations Act 1996". No. 7541. 54. Pipelines Act 1967 Reprinted to (1) In section 32(1)(i) of the Pipelines Act 1967, after No. 52/1994. "Corporation" insert "and Victorian Rail Track 63 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 55 Act No. established by Division 2 of Part 2 of the Rail Corporations Act 1996". (2) In section 32(1)(ii) of the Pipelines Act 1967, after "Corporation" insert "and Victorian Rail 5 Track established by Division 2 of Part 2 of the Rail Corporations Act 1996". (3) In section 32(2) of the Pipelines Act 1967, after "Public Transport Corporation" insert ", Victorian Rail Track". 10 (4) In section 32(3) of the Pipelines Act 1967, after "Public Transport Corporation" insert ", Victorian Rail Track,". No. 6388. 55. Survey Co-ordination Act 1958 Reprinted to In section 23 of the Survey Co-ordination Act No. 56/1995. 15 1958, in paragraph (b) of the definition of "public authority" after "the Public Transport Corporation," insert "Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996,". No. 111/1986. 20 56. Transport Accident Act 1986 Reprint No. 4 (1) In section 3(1) of the Transport Accident Act as at 10 April 1997. 1986, after the definition of "injury" insert-- ' "manage", in relation to a railway or tramway, means responsible for providing access to 25 railway trains or trams to operate on the railway or tramway;'. (2) In section 64(2) of the Transport Accident Act 1986-- (a) after "Victoria" insert "and the person who 30 manages a railway or tramway in Victoria"; (b) for "that Authority or person" substitute "it or on a railway or tramway managed by it (as the case requires)". 64 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 56 Act No. (3) In section 94(1)(b) of the Transport Accident Act 1986, after "tram" (where first occurring) insert ", and the manager of the railway or tramway on which a railway train or tram is 5 operated,". (4) In section 94(2)(b) of the Transport Accident Act 1986, omit "113 or". (5) Section 113 of the Transport Accident Act 1986 is repealed. 10 (6) In section 115 of the Transport Accident Act 1986, for sub-sections (1) and (2) substitute-- "(1) The Commission may enter into an agreement with the manager of a railway or tramway in relation to the payment of 15 charges for the purposes of this Act in respect of the operation of railway trains or trams on that railway or tramway. (2) A person must not provide access to a railway or tramway to the owner or operator 20 of a railway train or a tram if there is not in force an agreement under sub-section (1) in relation to that railway or tramway. (2A) A person who is seeking to enter into an agreement with the Commission under sub- 25 section (1), or who has entered into such an agreement, must furnish to the Commission any documents and other information that the Commission may reasonably require in order to enable it to determine the amount of 30 charges payable for the purposes of this Act in respect of the operation of railway trains or trams on a railway or tramway.". (7) In section 115(3) of the Transport Accident Act 1986, after "(2)" insert "or (2A)". 65 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 57 Act No. (8) In section 115 of the Transport Accident Act 1986, after sub-section (3) insert-- "(4) An agreement under section 113 or sub- section (1) in force immediately before the 5 commencement of section 56 of the Rail Corporations (Amendment) Act 1997 continues in force with respect to a railway or tramway until-- (a) an agreement is made under sub-section 10 (1) with the manager of that railway or tramway; or (b) the date on which it expires under the terms of the agreement-- whichever is the sooner, despite the 15 commencement of that section and despite anything to the contrary in the agreement.". No. 80/1992. 57. Treasury Corporation of Victoria Act 1992 Reprinted to (1) In section 36A of the Treasury Corporation of No. 100/1995. Further Victoria Act 1992, in the definition of "public amended by 20 authority", after "Grain Elevators Board," insert Nos 73/1996, 79/1996 and "Met Train 1, Met Train 2, Met Tram 1, Met Tram 35/1997. 2,". (2) In Schedule 1 to the Treasury Corporation of Victoria Act 1992, after the entry relating to 25 Victorian Channels Authority insert-- "Met Train 1 Rail Corporations Act 1996 Met Train 2 Rail Corporations Act 1996 30 Met Tram 1 Rail Corporations Act 1996 Met Tram 2 Rail Corporations Act 1996". 66 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 s. 59 Act No. 58. Water Act 1989 No. 80/1989. Reprint No. 3 (1) In section 241 of the Water Act 1989, after sub- as at 28 July section (2) insert-- 1997. "(2A) If land in respect of which a right of access is 5 sought is owned by Victorian Rail Track established by Division 2 of Part 2 of the Rail Corporations Act 1996, the notice required under section 234(1) must be served on Victorian Rail Track, and Victorian Rail 10 Track may enter into an agreement under section 234 with the person seeking the right of access.". (2) In section 241(3) and (4) of the Water Act 1989, for "or the Public Transport Corporation" 15 substitute ", the Public Transport Corporation or Victorian Rail Track". No. 46/1989. 59. Wheat Marketing Act 1989 Reprint No. 1 as at In section 7(6) of the Wheat Marketing Act 31 October 1989, for "the Public Transport Corporation" 1996. 20 substitute "a person or body operating rail freight services". 67 531244B.I1-29/10/97

 


 

Rail Corporations (Amendment) Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 68 531244B.I1-29/10/97

 


 

 


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