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PARLIAMENT OF VICTORIA
Transport Legislation (Further Miscellaneous
Amendments) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 2
1. Purpose 2
2. Commencement 3
PART 2--AMENDMENTS TO THE MELBOURNE CITY LINK
ACT 1995 4
3. Miscellaneous minor amendments 4
PART 3--AMENDMENTS TO THE MITCHAM-FRANKSTON
PROJECT ACT 2004 5
4. Change of name of Act and road 5
5. Insertion of section 259 6
259. Saving provision concerning change of Act name 6
PART 4--AMENDMENTS TO THE PUBLIC TRANSPORT
COMPETITION ACT 1995 7
6. Insertion of section 3B 7
3B. Additional matters concerning the meaning of
"regular passenger services" 7
7. Expanded grounds for disciplinary action against accredited
person 8
8. Additional offence concerning regular passenger services 11
i
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Clause Page
PART 5--AMENDMENTS TO THE RAIL CORPORATIONS
ACT 1996 12
9. Change of name of Station and Authority 12
10. Clearance of trees 13
11. Insertion of sections 116-118 14
116. Meaning of "relevant date" in sections 117 and 118 14
117. Transitional provision concerning change of name of
Station 14
118. Transitional and savings provisions concerning
change of name of Authority 15
12. Consequential amendments to other Acts 15
PART 6--AMENDMENTS TO THE ROAD MANAGEMENT
ACT 2004 17
13. Consequential amendments concerning EastLink 17
14. Repeal of redundant provisions 18
PART 7--AMENDMENTS TO THE ROAD SAFETY ACT 1986 19
15. Defective vehicles 19
16. Insertion of section 79A 19
79A. Evidence of engine management system data 19
17. Modification of effect of payment of infringement penalties 20
18. Disclosure of information outside Victoria to assist in the
enforcement of infringement penalties 20
19. Additional regulation-making power 21
PART 8--AMENDMENTS TO THE TOBACCO (AMENDMENT)
ACT 2005 22
20. Change to definition in relation to smoking offences 22
PART 9--AMENDMENTS TO THE TRANSPORT ACT 1983 23
Division 1--Regulation of Entitlement to Use Public Transport
Services 23
21. Definitions 23
22. Change to Division heading 23
23. Insertion of sections 220A-220D 24
220A. Offence to dishonestly obtain a ticket etc. 24
220B. Offence to counterfeit or alter a ticket 24
220C. Offence to claim exemption or concession if not
entitled 24
220D. Director may determine conditions 25
24. Repeal of former ticketing provisions 26
ii
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Clause Page
25. Substitution of section 221AA 26
221AA. Regulations concerning entitlement to use public
transport services 26
Division 2--Amendments Concerning Authorised Officers 29
26. Additional definition 29
27. Authorisation of other authorised officers 29
28. Minor house-keeping amendment 31
29. Insertion of sections 221CB and 221CC 32
221CB. Scope of authorisation may be limited 32
221CC. Non-compliance with a limit 32
30. Insertion of section 221FA 33
221FA. Clarification of places in which certain authorised
officers may operate 33
Division 3--Other Miscellaneous Amendments 33
31. Additional powers of the Director 33
32. Clearance of trees 35
33. Clarification of delegation power 36
34. Additional regulation-making powers 36
35. Criteria for granting hire car licences 39
36. Allocation scheme not to apply to certain freeway towing 40
37. Additional regulation-making powers concerning graduated
penalties 41
38. Additional power to inspect motor vehicles 41
39. Additional inspection power concerning heavy vehicles 42
40. Power to require name and address 42
41. Insertion of section 220AA 43
220AA. False reports to officers 43
42. Repeal of smoking offence 44
43. Insertion of section 224 44
224. Offence to provide false or misleading information 44
44. Consequential repeals of other false information provisions 46
45. Substitution of section 225 46
225. Offence to assault or obstruct officers etc. 46
46. Substitution of section 225B 48
225B. Offence to impersonate an officer 48
47. Substitution of section 225C 48
225C. Offence to offer, give, solicit or accept a bribe 48
ENDNOTES 50
iii
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Melbourne City Link Act 1995, the Mitcham-
Frankston Project Act 2004, the Public Transport Competition
Act 1995, the Rail Corporations Act 1996, the Road Management
Act 2004, the Road Safety Act 1986, the Tobacco (Amendment)
Act 2005 and the Transport Act 1983 and for other purposes.
Transport Legislation (Further
Miscellaneous Amendments) Act 2005
The Parliament of Victoria enacts as follows:
1
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 1--Preliminary Matters
s. 1
PART 1--PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is--
(a) to change the name of the Mitcham-
Frankston Project Act 2004 and the road
5
being constructed under that Act; and
(b) to amend the Public Transport
Competition Act 1995 with respect to
regular passenger services and the grounds
for taking disciplinary action against a
10
person accredited under that Act; and
(c) to amend the Rail Corporations Act 1996
to change the name of the Spencer Street
Station to the Southern Cross Station; and
(d) to amend the Road Safety Act 1986--
15
(i) to enable the use of information
obtained from the engine management
systems of vehicles for various
enforcement purposes; and
(ii) to facilitate the operation of a good
20
driver scheme; and
(e) to amend the Transport Act 1983--
(i) to make various changes concerning the
regulation of entitlements to use public
transport services; and
25
(ii) to widen the category of who may be
appointed as an authorised officer; and
(iii) to make various miscellaneous changes
to improve the operation of that Act;
and
30
2
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 1--Preliminary Matters
s. 2
(f) to make minor amendments to the
Melbourne City Link Act 1995, the Road
Management Act 2004 and the Tobacco
(Amendment) Act 2005.
2. Commencement
5
(1) This Act, other than Part 4, Division 1 of Part 9
and sections 9, 11, 12, 34, 35 and 40 to 47, comes
into operation on the day after the day on which it
receives the Royal Assent.
(2) Part 4, Division 1 of Part 9 and sections 34, 35
10
and 40 come into operation on a day or days to be
proclaimed.
(3) Sections 9, 11 and 12 come into operation on a
day to be proclaimed.
(4) Sections 41 to 47 come into operation on a day to
15
be proclaimed.
(5) If a provision referred to in sub-section (2), (3)
or (4) does not come into operation before
1 January 2007, it comes into operation on that
day.
20
__________________
3
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 2--Amendments to the Melbourne City Link Act 1995
s. 3
PART 2--AMENDMENTS TO THE MELBOURNE CITY LINK
ACT 1995
3. Miscellaneous minor amendments
(1) In the Melbourne City Link Act 1995--
(a) in the heading to section 6B, for "Director"
5
substitute "Roads Corporation";
(b) in section 11(1), for "Translink" substitute
"TransLink";
(c) in section 78(1), for "section 77(1)(a)"
substitute "section 77(1)(b)(i)";
10
(d) in section 80(2)(b)(ii), for "77(1)(b)(ii)
or section 87(3)(a)" substitute
"72(3) or 87(3)";
(e) in section 87(5) omit "or section
77(1)(b)(ii)".
15
(2) After section 73(3A) of the Melbourne City Link
Act 1995 insert--
'(3B) In sub-section (3A), "invoice" means a
request for the payment of a toll in respect of
the trip and any associated toll
20
administration fee.'.
__________________
4
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 3--Amendments to the Mitcham-Frankston Project Act 2004
s. 4
PART 3--AMENDMENTS TO THE MITCHAM-FRANKSTON
PROJECT ACT 2004
4. Change of name of Act and road
(1) In the title to the Mitcham-Frankston Project
Act 2004, for "Mitcham-Frankston" substitute
5
"EastLink".
(2) In section 1 of the Mitcham-Frankston Project
Act 2004, for "the Mitcham-Frankston Freeway"
(wherever occurring) substitute "EastLink".
(3) In section 3(1) of the Mitcham-Frankston
10
Project Act 2004--
(a) insert the following definition--
' "EastLink" means land declared under
section 143 to be a road and includes
any part of that land;';
15
(b) the definition of "Mitcham-Frankston
Freeway" is repealed;
(c) in the definition of "freeway use agreement",
for "the Mitcham-Frankston Freeway"
substitute "EastLink";
20
(d) for the definition of "trip" substitute--
' "trip" means the driving of a vehicle on
EastLink uninterrupted by exit from
that freeway;'.
(4) In the Mitcham-Frankston Project Act 2004--
25
(a) in sections 35(a), 41(3), 41(4), 47(2)(a)
and 79(3), for "Mitcham-Frankston"
substitute "EastLink";
5
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 3--Amendments to the Mitcham-Frankston Project Act 2004
s. 5
(b) in sections 140, 142(4), 143(5), 147, 195,
196, 204, 205, 207(2)(b), 210(2), 219, 220,
227(1), 254 and 258(1)(b), for "the Mitcham-
Frankston Freeway" (wherever occurring)
substitute "EastLink";
5
(c) in the headings to sections 143, 147, 204
and 220, for "Mitcham-Frankston
Freeway" substitute "EastLink";
(d) in the heading to Division 4 of Part 7, for
"Freeway" substitute "EastLink";
10
(e) in sections 205(1) and 219(1), for "that
Freeway" substitute "that freeway";
(f) in the heading to Division 5 of Part 10, for
"Mitcham-Frankston Freeway" substitute
"EastLink".
15
(5) In section 198(4) of the Mitcham-Frankston
Project Act 2004, after "a freeway" insert "use".
5. Insertion of section 259
After section 258 of the Mitcham-Frankston
Project Act 2004 insert--
20
"259. Saving provision concerning change of
Act name
Any reference to the Mitcham-Frankston
Project Act 2004 in any Act, subordinate
instrument, agreement or other document as
25
far as it relates to any period after the
commencement of Part 3 of the Transport
Legislation (Further Miscellaneous
Amendments) Act 2005 is to be treated as a
reference to the EastLink Project Act 2004,
30
unless the contrary intention appears.".
__________________
6
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 4--Amendments to the Public Transport Competition Act 1995
s. 6
PART 4--AMENDMENTS TO THE PUBLIC TRANSPORT
COMPETITION ACT 1995
6. Insertion of section 3B
After section 3A of the Public Transport
Competition Act 1995 insert--
5
'3B. Additional matters concerning the
meaning of "regular passenger services"
For the purposes of paragraph (a) of the
definition of "regular passenger service" in
section 3(1)--
10
(a) a route is a fixed route even if--
(i) a stop on the route is not used on
every journey, or ceases to be
used altogether; or
(ii) different routes are used on
15
different journeys of the service to
get from one stop on the route to
another stop on the route;
(b) a service operates on a regular basis
even if--
20
(i) it only operates on any particular
occasion if there is a sufficient
level of demand for it; or
(ii) it requires a person using it to
book or reserve a place before
25
using it.'.
7
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 4--Amendments to the Public Transport Competition Act 1995
s. 7
7. Expanded grounds for disciplinary action against
accredited person
In section 20(2) of the Public Transport
Competition Act 1995--
(a) in paragraph (a), after "negligently" insert
5
", recklessly";
(b) in paragraph (c), for "improperly."
substitute "improperly; or";
(c) after paragraph (c) insert--
"(d) the person has failed to comply with a
10
condition prescribed under section
10(1)(b) that requires the person--
(i) to retain any document required to
demonstrate compliance with the
conditions of accreditation; or
15
(ii) to make those documents
available for inspection on
demand by a specified person; or
(iii) to give a specified person an
accurate copy of any of those
20
documents; or
(iv) to permit or assist a specified
person to audit and inspect those
documents for the purpose of
determining whether all or some
25
of the conditions of accreditation
are being complied with; or
(v) to provide a report about any
aspect of the operation of a road
transport passenger service
30
relevant to the conditions of
accreditation imposed by or under
this Act; or
8
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 4--Amendments to the Public Transport Competition Act 1995
s. 7
(vi) to have one or more of the
following management
information systems--
(A) a driver monitoring program
that includes a record of
5
complaints against drivers of
public passenger vehicles
operated by the person,
action taken by the person
regarding counselling,
10
discipline and response to
complainants and known
infringements against this
Act, the Road Safety Act
1986, the Transport Act
15
1983 and any regulations
made under those Acts;
(B) a fleet register that includes a
list of all public passenger
vehicles operated by the
20
person, the carrying capacity
of each vehicle and the
registration details of each
vehicle;
(C) an accident register
25
recording all accidents in
which public passenger
vehicles operated by the
person are involved;
(D) an emergency management
30
plan that includes plans and
procedures for drivers of
public passenger vehicles
operated by the person that
are involved in an accident
35
or subject to dangerous
conditions, and actions that
9
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 4--Amendments to the Public Transport Competition Act 1995
s. 7
drivers must undertake in the
event of an accident or an
emergency;
(E) a mobility enhancement
strategy that includes plans
5
to make public passenger
vehicles operated by the
person accessible for
disabled customers in
accordance with any
10
applicable national standards
established under the
Disability Discrimination
Act 1992 of the
Commonwealth;
15
(F) a public complaints register
that includes a record of all
complaints received by the
person that are not included
in sub-sub-paragraph (A) and
20
of the action taken by the
person in response to
complainants; or
(vii) to have measures in place to
ensure that drivers of public
25
passenger vehicles operated by the
person are made aware that they
are required to comply with
section 59(1)(c) of the Road
Safety Act 1986, or any other
30
specified law, and to have
appropriate procedures in place to
monitor and record such
compliance; or
10
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 4--Amendments to the Public Transport Competition Act 1995
s. 8
(viii) to ensure that all public passenger
vehicles operated by the person
are in a safe operating condition at
all times; or
(ix) to establish and maintain a
5
maintenance management system
for all public passenger vehicles
operated by the person; or
(x) to ensure that any public
passenger vehicle operated by the
10
person has undertaken and passed
an inspection by a specified tester;
or
(e) the person has failed to comply with a
condition imposed under section
15
10(1)(c); or
(f) the person has not paid any fee required
by the regulations within 30 days after
the date it was due.".
8. Additional offence concerning regular passenger
20
services
(1) Insert the following heading to section 25 of the
Public Transport Competition Act 1995--
"Service must not be operated or offered
without service contract".
25
(2) At the end of section 25 of the Public Transport
Competition Act 1995 insert--
"(2) A person must not offer a regular passenger
service within (or partly within) the State to
the public, or a section of the public,
30
otherwise than under the authority of a
service contract.
Penalty: 100 penalty units.".
__________________
11
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 5--Amendments to the Rail Corporations Act 1996
s. 9
PART 5--AMENDMENTS TO THE RAIL CORPORATIONS
ACT 1996
9. Change of name of Station and Authority
(1) In the Rail Corporations Act 1996--
(a) in the heading to Division 2F of Part 2, for
5
"Spencer Street" substitute "Southern
Cross";
(b) in sections 18ZG, 18ZH, 18ZI, 18ZJ, 18ZK,
18ZL and 18ZM, for "Spencer Street"
(wherever occurring) substitute "Southern
10
Cross";
(c) insert the following heading to
section 18ZH--
"Authority does not represent the
Crown".
15
(2) In the Rail Corporations Act 1996--
(a) in section 3(1), in the definitions of
"precinct" and "rail corporation", for
"Spencer Street" substitute "Southern
Cross";
20
(b) in sections 3(2)(a), 3(3)(a) and 3A, for
"Spencer Street" substitute "Southern
Cross";
(c) insert the following heading to section 3A--
"Southern Cross Station precinct";
25
(d) in section 38A, in paragraph (c) of the
definition of "access provider", for "Spencer
Street" substitute "Southern Cross";
12
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 5--Amendments to the Rail Corporations Act 1996
s. 10
(e) in sections 61(3)(ea), 62(4)(ea), 69(4)(b)
and 70(3)(b), for "Spencer Street" (wherever
occurring) substitute "Southern Cross";
(f) in Schedule 2, in the heading, for "Spencer
Street" substitute "Southern Cross".
5
10. Clearance of trees
(1) For section 60(1) of the Rail Corporations Act
1996 substitute--
"(1) This section applies if any tree or wood in
the vicinity of a railway track operated or
10
maintained by a person to whom this section
applies poses a risk to the safety of anyone
on, or using, the railway track.
Examples
15 The following trees pose a risk to the safety of a
person using a railway track--
(a) a tree that obstructs a view of a signal box from
a portion of the track;
(b) a tree near the middle of a curve of the track
20 that restricts the view of the track of anyone
entering the curve;
(c) a tree whose roots are underneath the track.
(1A) The person may, by written notice, require
the owner or occupier of any land on which
the tree or wood is situated to fell and
25
remove the tree or wood.".
(2) In sections 60(2) and 60(3) of the Rail
Corporations Act 1996, for "sub-section (1)"
substitute "sub-section (1A)".
13
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 5--Amendments to the Rail Corporations Act 1996
s. 11
(3) After section 60(5) of the Rail Corporations
Act 1996 insert--
"(5A) Any person acting under sub-section (1A)
or (4) may fell or remove any tree or wood
that is the subject of a notice under sub-
5
section (1A) without the need to obtain a
permit under any relevant planning scheme
under the Planning and Environment
Act 1987, despite anything to the contrary in
or under that Act.".
10
11. Insertion of sections 116-118
After section 115 of the Rail Corporations Act
1996 insert--
'116. Meaning of "relevant date" in
sections 117 and 118
15
In sections 117 and 118 "relevant date"
means the date of commencement of
section 11 of the Transport Legislation
(Further Miscellaneous Amendments)
Act 2005.
20
117. Transitional provision concerning change
of name of Station
Any reference to Spencer Street Station in
any Act, subordinate instrument, agreement
or other document as far as it relates to any
25
period after the relevant date is to be treated
as a reference to Southern Cross Station,
unless the contrary intention appears.
14
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 5--Amendments to the Rail Corporations Act 1996
s. 12
118. Transitional and savings provisions
concerning change of name of Authority
(1) For all relevant legal purposes, the Southern
Cross Station Authority is to be taken to be
the same body as the Spencer Street Station
5
Authority was before the relevant date, in
spite of the change of its name, and no
matter or thing is to be affected because of
that change.
(2) Any reference to the Spencer Street Station
10
Authority in any Act, subordinate
instrument, agreement or other document as
far as it relates to any period after the
relevant date is to be treated as a reference to
the Southern Cross Station Authority, unless
15
the contrary intention appears.'.
12. Consequential amendments to other Acts
(1) In Schedule 1 to the Borrowing and Investment
Powers Act 1987, in item 13, for "Spencer Street"
substitute "Southern Cross".
20
(2) In the Docklands Act 1991--
(a) in section 28(2)--
(i) for ", Spencer Street" substitute
", Southern Cross";
(ii) for "1996 Spencer Street Station
25
Authority established under the Rail
Corporations Act 1996" substitute
"1996";
(b) in section 28(2A), for "Spencer Street"
substitute "Southern Cross".
30
(3) In sections 2(2C)(a) and 2(2D)(a) of the
Transport Act 1983, for "Spencer Street"
substitute "Southern Cross".
15
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 5--Amendments to the Rail Corporations Act 1996
s. 12
(4) In sections 53(2)(b) and 53(3) of the Victorian
Urban Development Authority Act 2003, for
"Spencer Street" substitute "Southern Cross".
__________________
16
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 6--Amendments to the Road Management Act 2004
s. 13
PART 6--AMENDMENTS TO THE ROAD MANAGEMENT
ACT 2004
13. Consequential amendments concerning EastLink
(1) In section 3(1) of the Road Management Act
2004--
5
(a) insert the following definitions--
' "EastLink" means EastLink within the
meaning of the EastLink Project Act
2004;
"EastLink Agreement" means the freeway
10
use agreement within the meaning of
the EastLink Project Act 2004;
"EastLink Corporation" means the
Freeway Corporation within the
meaning of the EastLink Project Act
15
2004;';
(b) the definitions of "Mitcham-Frankston
Freeway", "Mitcham-Frankston Freeway
Agreement" and "Mitcham-Frankston
Freeway Corporation" are repealed;
20
(c) in the definition of "State road authority", for
"the Mitcham-Frankston Freeway"
substitute "EastLink".
(2) In the Road Management Act 2004--
(a) in sections 5(8A), 5(8B), 52(2A), 134A and
25
134B, for "Mitcham-Frankston Freeway
Agreement" (wherever occurring) substitute
"EastLink Agreement";
(b) in sections 5(8A), 5(8B), 17(1)(da), 52(2A),
63(2)(ba), 134A and 134B, and in item 1(ha)
30
of Schedule 1, for "Mitcham-Frankston"
(wherever occurring) substitute
"EastLink";
17
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 6--Amendments to the Road Management Act 2004
s. 14
(c) in sections 5(8B), 37(1A), 71(5A), 101(2),
112(3)(ba), 133A(2), 134A and 134B, for
"Mitcham-Frankston Freeway Corporation"
(wherever occurring) substitute "EastLink
Corporation";
5
(d) in sections 37(1A), 52(2A), 71(5A),
112(3)(ba), 133A, 134A and 134B, and in
item 1(ha) of Schedule 1, for "the Mitcham-
Frankston Freeway" (wherever occurring)
substitute "EastLink";
10
(e) in the headings to sections 133A, 134A and
134B, for "Mitcham-Frankston Freeway"
substitute "EastLink";
(f) in the heading to section 134A, for
"Freeway Corporation" substitute
15
"EastLink Corporation";
(g) in section 134B(4), for "The Mitcham-
Frankston Freeway" substitute "EastLink".
14. Repeal of redundant provisions
In the Road Management Act 2004--
20
(a) in section 135, for "Schedule 9 has"
substitute "Schedules 9 and 10 have";
(b) Part 8 is repealed.
__________________
18
551374B.I1-19/10/2005 BILL LA INTRODUCTION 19/10/2005
Transport Legislation (Further Miscellaneous Amendments) Act
2005
Act No.
Part 7--Amendments to the Road Safety Act 1986
s. 15
PART 7--AMENDMENTS TO THE ROAD SAFETY ACT 1986
15. Defective vehicles
After section 14(1) of the Road Safety Act 1986
insert--
"(1A) A member of the police force or a person
5
referred to in section 13(6) may, in
accordance with the regulations, also take
any of the actions listed in sub-section (1) if
he or she reasonably suspects, on the basis of
any information derived from a vehicle's
10
engine management system using, in
accordance with the regulations, an engine
management system reading device specified
by the regulations, that the vehicle does not
comply with this Act or the regulations.".
15
16. Insertion of section 79A
After section 79 of the Road Safety Act 1986
insert--
"79A. Evidence of engine management system
data
20
If in any criminal proceedings, or for any
purpose under this Act, any information held
in a vehicle's engine management system is
relevant, any representation of that
information derived from an engine
25
management system reading device specified
by the regulations is to be presumed, in the
absence of evidence to the contrary, to be an
accurate record of that information if the
device is operated in the manner specified
30
for that device in the regulations and the
information is derived in accordance with the
regulations.".
19
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Act No.
Part 7--Amendments to the Road Safety Act 1986
s. 17
17. Modification of effect of payment of infringement
penalties
After section 89(7) of the Road Safety Act 1986
insert--
"(8) Despite anything to the contrary in this
5
section, the fact that a person paid a penalty,
was found guilty, participated in a diversion
program or had a conviction imposed by the
court, in respect of an infringement for
which an infringement notice was served--
10
(a) may be recorded for the purposes of
any scheme to provide discounted fees
to good drivers; and
(b) may be used to wholly or partly
exclude the person from the scheme.".
15
18. Disclosure of information outside Victoria to assist
in the enforcement of infringement penalties
For section 92(3)(h) of the Road Safety Act 1986
substitute--
"(h) in accordance with an arrangement between
20
a Minister of the Crown in right of Victoria
and a Minister of the Crown in right of the
Commonwealth or another State or a
Territory, for the purposes of--
(i) the investigation or prosecution of an
25
offence against the laws of the
Commonwealth or that other State or
Territory; or
(ii) the enforcement of a judgment or order
of a court in such a prosecution; or
30
(iii) the enforcement of an infringement
penalty (by whatever name it is known
in the relevant jurisdiction) by the
Commonwealth or that other State or
Territory; or".
35
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Act No.
Part 7--Amendments to the Road Safety Act 1986
s. 19
19. Additional regulation-making power
In Schedule 2 to the Road Safety Act 1986, after
item 38 insert--
"38A. Devices for the purposes of reading information held
5 in the engine management systems of vehicles; the
handling, storage, use and maintenance of those
devices; and the precautions to be taken and the
procedures and methods to be employed in the use of
those devices for ensuring that they give accurate and
10 reliable results.
38B. The manner in which images or messages produced
by devices referred to in item 38A are to be
processed, stored, transferred, produced,
re-configured or used to produce other forms of
15 images or messages.".
__________________
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Act No.
Part 8--Amendments to the Tobacco (Amendment) Act 2005
s. 20
PART 8--AMENDMENTS TO THE TOBACCO
(AMENDMENT) ACT 2005
20. Change to definition in relation to smoking offences
In section 27 of the Tobacco (Amendment) Act
2005, in proposed section 222A(4) of the
5
Transport Act 1983, for the definition of
"occupier" substitute--
' "occupier" means--
(a) in relation to a tram stop or a bus stop,
the infrastructure manager (as defined
10
in section 3(1) of the Road
Management Act 2004) of the stop;
(b) in relation to a train platform, the
occupier of the platform;'.
__________________
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Act No.
Part 9--Amendments to the Transport Act 1983
s. 21
PART 9--AMENDMENTS TO THE TRANSPORT ACT 1983
Division 1--Regulation of Entitlement to Use Public
Transport Services
21. Definitions
In section 208 of the Transport Act 1983--
5
(a) insert the following definition--
' "public transport service" means a
service provided by a bus company or a
passenger transport company to
transport members of the public, and
10
includes any ancillary matters such as
allowing entry to any place used in
relation to the provision of such a
service;';
(b) the definition of "ticket" is repealed;
15
(c) for the definition of "ticket offence"
substitute--
' "ticket offence" means an offence against
Division 4 or any regulations made
under section 221AA;'.
20
22. Change to Division heading
In the heading to Division 4 of Part VII of the
Transport Act 1983, for "Ticket Offences"
substitute "Regulation of Entitlement to Use
Public Transport Services".
25
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s. 23
23. Insertion of sections 220A-220D
Before section 221 of the Transport Act 1983
insert--
"220A. Offence to dishonestly obtain a ticket etc.
A person must not by fraudulent means, by
5
false or misleading representation, or by
other dishonesty, obtain a ticket or other
thing that can be used to prove an
entitlement to use a public transport service.
Penalty: 20 penalty units.
10
220B. Offence to counterfeit or alter a ticket
(1) A person must not counterfeit a ticket or
other thing that can be used to prove an
entitlement to use a public transport service.
Penalty: 20 penalty units.
15
(2) A person must not alter, or attempt to alter, a
ticket or other thing that can be used to prove
an entitlement to use a public transport
service with the intention of obtaining a
benefit to which the person is not entitled.
20
Penalty: 20 penalty units.
220C. Offence to claim exemption or concession
if not entitled
A person must not claim or take the benefit
of an exemption to pay for an entitlement to
25
use a public transport service, or of a
concessionary discount of such a payment, to
which he or she is not entitled, if he or she
knows that he or she is not entitled to that
benefit.
30
Penalty: 10 penalty units.
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s. 23
220D. Director may determine conditions
(1) The Director may determine any conditions
to which an entitlement to use a specified
public transport service provided by a
passenger transport company or a bus
5
company is to be subject.
(2) The Director must publish any conditions
determined under sub-section (1) in the
Government Gazette.
(3) An entitlement to use a public transport
10
service is subject to any condition
determined under sub-section (1) that has
been published in the Government Gazette
and that applies to the entitlement.
(4) If there is any inconsistency between a
15
condition that has been determined under
sub-section (1) and published in the
Government Gazette and any other condition
relating to an entitlement to use a public
transport service, the condition determined
20
under sub-section (1) is to prevail.
(5) The Director may, under sub-section (1),
determine conditions that are to apply in
respect of entitlements that exist, but that
have not been exercised, before the
25
conditions are published in the Government
Gazette.
(6) Any conditions that were determined and
published under section 221(1A) and that
were in force immediately before the date of
30
commencement of section 24 of the
Transport Legislation (Further
Miscellaneous Amendments) Act 2005 are
deemed to have been determined and
published under this section.".
35
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Act No.
Part 9--Amendments to the Transport Act 1983
s. 24
24. Repeal of former ticketing provisions
In section 221 of the Transport Act 1983--
(a) insert the following heading to the section--
"Information not to be disclosed";
(b) sub-sections (1A), (1B), (2), (3), (4), (4A),
5
(5) and (6) are repealed.
25. Substitution of section 221AA
For section 221AA of the Transport Act 1983
substitute--
"221AA. Regulations concerning entitlement to use
10
public transport services
(1) The Governor in Council may make
regulations for or with respect to--
(a) regulating entitlement to use a public
transport service including, for
15
example--
(i) regulating or specifying methods
of obtaining that entitlement and
proving that such an entitlement
exists;
20
(ii) regulating the use of tickets or
other means by which proof of
such entitlements may be made,
including specifying the
circumstances in which it or they,
25
or anything that is claimed to be a
ticket or other proof, is, or are, to
be surrendered;
(b) deeming the existence of contracts, or
the elements of contracts, between
30
providers, sellers (whether retail or
otherwise), buyers or users of
entitlements to use a public transport
service, or providers of a public
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s. 25
transport service, in relation to those
entitlements, and regulating or
specifying the contents of those
contracts;
5 Example
Under a particular ticketing system a person
may be able to buy a ticket to use a tram
operated by a passenger transport company
from an agency that is independent of the
10 company, and then to give that ticket to a
person who uses it to travel on the tram.
Paragraph (b) enables the making of a
regulation that could deem a contract to exist
between the passenger transport company and
15 the person on the tram.
(c) ensuring that those using, or who have
used, public transport services are, or
were at the time of use, entitled to do so
including, for example--
(i) providing for the ascertainment of
20
whether a person using, or who
has used, a public transport
service was entitled to do so, and
providing for the inspection,
reading and testing (by whatever
25
means, including mechanical
means), whether before, during or
after the use, of tickets or other
proof of entitlement;
(ii) providing for the inspection of any
30
documents that are required to
show that the correct amount has
been paid for a particular
entitlement;
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s. 25
(d) generally prescribing any other matter
or thing required or permitted by this
Act to be prescribed or necessary to be
prescribed to ensure that users of public
transport services fairly contribute to
5
the cost of providing the services.
(2) The regulations--
(a) may be of general or of specially
limited application; and
(b) may differ according to differences in
10
time, place or circumstance; and
(c) may require a matter affected by the
regulations to be--
(i) in accordance with a specified
standard or specified requirement;
15
or
(ii) approved by or to the satisfaction
of a specified person or a specified
class of person; or
(iii) as specified in both sub-
20
paragraphs (i) and (ii); and
(d) may apply, adopt or incorporate any matter
contained in any document whether--
(i) wholly or partially or as amended by
the regulations; or
25
(ii) as in force at a particular time or as in
force from time to time; and
(e) may confer a discretionary authority or
impose a duty on a specified person or a
specified class of person; and
30
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s. 26
(f) may provide in a specified case or class of
case for the exemption of people or things
from any of the provisions of this Act or the
regulations, whether unconditionally or on
specified conditions, and either wholly or to
5
such an extent as is specified; and
(g) may impose a penalty not exceeding
20 penalty units for a contravention of the
regulations.".
Division 2--Amendments Concerning Authorised Officers
10
26. Additional definition
In section 2(1) of the Transport Act 1983, insert
the following definition--
' "Bus Association Victoria" means the
incorporated association registered as Bus
15
Association Victoria Inc. (registration
number A0023338R);'.
27. Authorisation of other authorised officers
(1) This section amends the Transport Act 1983.
(2) At the end of section 221AB insert--
20
"(2) The Secretary may authorise a person who is
employed or engaged by the Bus Association
Victoria to act as an authorised officer for
the purposes of this Part.".
(3) In section 221C(d) omit "of Part VII".
25
(4) At the end of section 221C insert--
"(2) In addition, in the case of a person who is
employed or engaged by the Bus Association
Victoria, the Secretary may only give the
person an authorisation to act as an
30
authorised officer if the Bus Association
Victoria is accredited by the Secretary under
Division 4A.".
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s. 27
(5) In section 221N--
(a) in paragraph (a) omit "of Part VII";
(b) in paragraph (b), for "4A of Part VII."
substitute "4A; or";
(c) after paragraph (b) insert--
5
"(c) in the case of an authorisation granted
under section 221AB(2)--
(i) the Bus Association Victoria
ceases to be accredited under
Division 4A; or
10
(ii) the authorised officer ceases to be
employed or engaged by the Bus
Association Victoria.".
(6) In section 221S(1), after "or bus company" insert
"or by the Bus Association Victoria".
15
(7) In sections 228A(1) and 228DA, after "or bus
company" insert "or the Bus Association
Victoria".
(8) After section 228C(2) insert--
"(3) If the Secretary gives accreditation to the
20
Bus Association Victoria, a reference in this
Division to an accredited company is to be
read as including a reference to that
Association.".
(9) Insert the following heading to section 228DA--
25
"Accredited companies must comply with
conditions".
(10) In section 228L(1), after "or a bus company"
insert "or the Bus Association Victoria".
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s. 28
(11) In sections 228M and 228N, after "or bus
company" (wherever occurring) insert "or the Bus
Association Victoria".
(12) After section 228N(4) insert--
"(5) If the Bus Association Victoria is, or was,
5
given accreditation, a reference to a company
in this section is to be read as including a
reference to that Association.".
(13) In section 228P(1) omit "given to a passenger
transport company or bus company".
10
(14) In sections 228P(3), 228Q and 228R(1), for
"passenger transport company or bus company"
substitute "company or association".
(15) In section 228R(1)--
(a) in paragraphs (a) and (c), after "company"
15
insert "or association";
(b) in paragraph (b), after "company's" insert
"or association's".
(16) In section 228R(2), for "passenger transport
company" (wherever occurring) substitute
20
"company or association".
(17) In section 229(1AA), after "or a bus company"
insert "or, if it is accredited under Division 4A,
the Bus Association Victoria".
28. Minor house-keeping amendment
25
In sections 221C(a) and 221C(c) of the Transport
Act 1983, for "person" substitute "officer".
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Act No.
Part 9--Amendments to the Transport Act 1983
s. 29
29. Insertion of sections 221CB and 221CC
After section 221CA of the Transport Act 1983
insert--
"221CB. Scope of authorisation may be limited
(1) The Secretary or the Director may at any
5
time limit the scope of an authorisation given
to a person by--
(a) specifying that the person may only
exercise specified powers or functions
under the authorisation; or
10
(b) specifying that the person may not
exercise specified powers or functions
under the authorisation.
(2) If the Secretary or Director limits the scope
of a person's authorisation, he or she must
15
give the person written details of the
limitations that apply to the authorisation.
(3) A limitation on a person's authorisation
under this section only takes effect when the
person receives the details required by sub-
20
section (2).
221CC. Non-compliance with a limit
A person whose authorisation is subject to a
limit imposed under section 221CB must not
knowingly exercise, or attempt to exercise, a
25
power or function in contravention of the
limit.
Penalty: 10 penalty units.".
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Act No.
Part 9--Amendments to the Transport Act 1983
s. 30
30. Insertion of section 221FA
After section 221F of the Transport Act 1983
insert--
"221FA. Clarification of places in which certain
authorised officers may operate
5
A person authorised under section 221AB
may exercise the powers of an authorised
officer in, on or in relation to--
(a) any vehicle owned or operated by, or
on behalf of, a passenger transport
10
company or a bus company; or
(b) any land, building or other property of a
passenger transport company or a bus
company--
regardless of whether or not he or she is
15
employed or engaged by that company.".
Division 3--Other Miscellaneous Amendments
31. Additional powers of the Director
(1) In section 9(2) of the Transport Act 1983--
(a) for "Subject to the approval of the Minister,
20
the" substitute "The";
(b) in paragraph (g), for "services." substitute
"services;";
(c) after paragraph (g) insert--
"(h) give indemnities, guarantees, releases
25
and charges, and anything else of a
similar nature;
(i) acquire (whether by creation, lease,
licence, receiving the assignment or
grant of, or otherwise), hold, accept as a
30
security, or otherwise deal with, any
intellectual property right (for example,
33
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s. 31
a trade mark, patent, design, copyright
(including an associated moral right),
plant breeder's right, circuit layout
right, trade secret, or right arising from
confidential information);
5
(j) assign, grant, lease, licence, sell,
mortgage, use as a security, or
otherwise encumber or dispose of, any
intellectual property right;
(k) seek any remedy in relation to, or do
10
anything necessary to enforce, protect,
maintain, register or exploit, any
intellectual property right;
(l) seek any remedy in relation to, or do
anything necessary to enforce, protect,
15
maintain or exploit any Crown
copyright.".
(2) After section 9(7) of the Transport Act 1983
insert--
"(8) The Director is deemed to have been
20
authorised--
(a) to give any indemnity, guarantee,
release, charge or thing of a similar
nature that was given by the Director
before the date of commencement of
25
section 31 of the Transport
Legislation (Further Miscellaneous
Amendments) Act 2005; and
(b) to have done anything referred to in
paragraphs (i), (j), (k) and (l) that was
30
done by the Director before that date.".
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Act No.
Part 9--Amendments to the Transport Act 1983
s. 32
32. Clearance of trees
(1) For section 9C(1) of the Transport Act 1983
substitute--
"(1) This section applies if any tree or wood in
the vicinity of a railway track operated or
5
maintained by the Director on behalf of the
Crown poses a risk to the safety of anyone
on, or using, the railway track.
Examples
10 The following trees pose a risk to the safety of a
person using a railway track--
(a) a tree that obstructs a view of a signal box from
a portion of the track;
(b) a tree near the middle of a curve of the track
15 that restricts the view of the track of anyone
entering the curve;
(c) a tree whose roots are underneath the track.
(1A) The Director may, on behalf of the Crown,
by written notice, require the owner or
occupier of any land on which the tree or
20
wood is situated to fell and remove the tree
or wood.".
(2) In sections 9C(2) and 9C(3) of the Transport
Act 1983, for "sub-section (1)" substitute
"sub-section (1A)".
25
(3) After section 9C(5) of the Transport Act 1983
insert--
"(6) Any person acting under sub-section (1A)
or (4) may fell or remove any tree or wood
that is the subject of a notice under sub-
30
section (1A) without the need to obtain a
permit under any relevant planning scheme
under the Planning and Environment
Act 1987, despite anything to the contrary in
or under that Act.".
35
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Part 9--Amendments to the Transport Act 1983
s. 33
33. Clarification of delegation power
In section 32(1A) of the Transport Act 1983, for
"under this Act or the regulations" substitute
"conferred by or under this Act or by".
34. Additional regulation-making powers
5
(1) For sections 56(1)(b) and 56(1)(ba) of the
Transport Act 1983 substitute--
"(b) prohibiting conduct in relation to, or
regulating the conduct of anyone in or on,
any vehicle or place belonging to, or under
10
the control of, Rail Track, the Roads
Corporation, a passenger transport company,
a rail freight operator or a bus company,
including, for example, prohibiting or
regulating the following conduct on the
15
vehicle or place--
(i) littering;
(ii) gambling;
(iii) graffiti;
(iv) damage to property;
20
(v) the possession of open containers of
liquor or containers that purport to
contain liquor;
(vi) the crossing of railway tracks and
tramway tracks in specified
25
circumstances;
(ba) providing for the removal and disposal of
open containers of liquor, or containers that
purport to contain liquor, in or on those
vehicles or places;".
30
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s. 34
(2) After section 56(1)(g) of the Transport Act 1983
insert--
"(ga) in relation to the parking of vehicles on any
place belonging to, or under the control of,
Rail Track, a passenger transport company, a
5
rail freight operator or a bus company--
(i) regulating the circumstances in which
the parking may occur, including, for
example--
(A) specifying the conditions and
10
restrictions to which the parking is
subject, or to which it may be
made subject (including the
payment of fees and whether
owner onus applies);
15
(B) providing for different provisions
or conditions and restrictions to
apply to different areas of the
place;
(ii) providing for signs and marks, and for
20
control devices such as barriers and
devices to restrict entry or exit;
(iii) specifying the legal effects of signs,
marks and devices, and the evidence
that is sufficient to prove their existence
25
and effect;
(iv) providing for authorised officers to
require an occupant, or an intending
occupant, of a vehicle at the place to
produce evidence that any condition or
30
restriction applying to parking at that
place has been complied with;
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(v) providing for the person in control of
the place, any person acting on behalf
of that person and authorised officers to
give directions in relation to the parking
of a vehicle at the place (including
5
directions that the vehicle not be parked
at the place, or that the vehicle be
removed from the place) to the owner
or driver of the vehicle, regardless of
whether the person is in the vehicle,
10
and regardless of where the person
giving the direction is at the time that
the direction is given;
(vi) authorising the person in control of the
place, or an authorised officer, to do
15
anything that is necessary to enable the
enforcement of regulations made under
this paragraph;".
(3) Sections 56(1)(n) and 56(1)(o) of the Transport
Act 1983 are repealed.
20
(4) After section 56(4) of the Transport Act 1983
insert--
"(5) A reference to parking in sub-section (1)(ga)
includes a reference to leaving a vehicle
standing.".
25
(5) The amendment made by sub-section (1) does not
affect the validity of the Transport (Ticketing and
Conduct) Regulations 2005 or the Transport
(Passenger Vehicles) Regulations 2005.
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s. 35
35. Criteria for granting hire car licences
(1) For sections 142(1)(a) and 142(1)(b) of the
Transport Act 1983 substitute--
"(a) either--
(i) the granting of the licence is consistent
5
with any determination of policy made
by the Minister under section 89; or
(ii) the Minister has approved the granting
of the licence even though to do so
would be inconsistent with a
10
determination of policy made by him or
her under section 89; and
(b) in the case of an application for a hire car
licence in respect of a hire car that is to be
operated from a place in a specified area--
15
(i) the licensing authority has had regard to
the interests of the people who either
require, or provide, taxi-cab services or
hire car services in any particular
district or districts within which the
20
service is proposed to be provided that
is, or that are, in the specified area; and
(ii) the licensing authority has had regard to
whether or not the granting of the
application would be likely to adversely
25
affect the viability of the provision of
existing taxi-cab or hire car services in
that district or those districts.".
(2) After section 142(1) of the Transport Act 1983
insert--
30
'(1A) For the purposes of sub-section (1)(b), a
"specified area" is an area specified by the
licensing authority for the purposes of sub-
section (1)(b) by notice published in the
Government Gazette.'.
35
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s. 36
36. Allocation scheme not to apply to certain freeway
towing
(1) After section 183B(4) of the Transport Act 1983
insert--
"(5) This section does not apply to a tow truck
5
driver who attends an accident scene, or who
tows or attempts to tow a damaged vehicle
from an accident scene, if--
(a) the accident scene is on a freeway or a
road that has been declared to be a road
10
to which section 119A of the Road
Management Act 2004 applies; and
(b) the tow truck driver is authorised under
section 119A of the Road
Management Act 2004 to attend
15
accident scenes on that road; and
(c) in a case in which the tow truck driver
tows the damaged vehicle from the
accident scene, the tow truck driver
tows the vehicle to a safe and
20
convenient place near the road.".
(2) At the end of section 183C of the Transport Act
1983 insert--
"(2) A tow truck driver must not, without having
obtained authorisation from, and been given
25
a job number by, an allocation centre tow, or
attempt to tow, a damaged vehicle that was
towed in the circumstances set out in
section 183B(5) to a safe and convenient
place from that place.".
30
(3) Section 119A(3) of the Road Management Act
2004 is repealed.
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s. 37
37. Additional regulation-making powers concerning
graduated penalties
In section 215(2) of the Transport Act 1983--
(a) in paragraph (b), for "apply." substitute
"apply; and";
5
(b) after paragraph (b) insert--
"(c) provide for a penalty imposed to be
revised if--
(i) one or more of the infringement
notices on which the amount of
10
the penalty is based is cancelled
after the penalty is imposed; or
(ii) the penalty is imposed on the
basis of an incorrect number of
earlier infringement notices; and
15
(d) if a penalty imposed is revised, provide
for a refund of any amount of penalty
that has been overpaid.".
38. Additional power to inspect motor vehicles
In section 216(6) of the Transport Act 1983--
20
(a) in paragraph (c), for "inspected." substitute
"inspected; and";
(b) after paragraph (c) insert--
"(d) extract or copy any information that is
held in any engine management system
25
or related system of the vehicle.".
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s. 39
39. Additional inspection power concerning heavy
vehicles
(1) In section 217A(3) of the Transport Act 1983,
after "discovers" insert ", or reasonably
suspects,".
5
(2) After section 217A(3) of the Transport Act 1983
insert--
'(4) For the purposes of sub-section (3),
"reasonably suspects" means that the
person has formed a reasonable suspicion on
10
the basis of information derived from the
vehicle's engine management system using,
in accordance with regulations made under
the Road Safety Act 1986, an engine
management system reading device specified
15
by those regulations.'.
40. Power to require name and address
(1) For section 218B(3) of the Transport Act 1983
substitute--
"(3) An authorised officer or member of the
20
police force who makes a request under sub-
section (2) must--
(a) inform the person of the grounds for his
or her belief in sufficient detail to allow
the person to understand the nature of
25
the offence or suspected offence; and
(b) must, except in the case of a member of
the police force who is in uniform--
(i) inform the person that he or she is
an authorised officer or member
30
of the police force; and
(ii) state his or her name; and
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s. 41
(iii) produce for inspection by the
person proof that he or she is an
authorised officer or a member of
the police force; and
(c) inform the person that a failure to
5
comply with the request, or the
provision of a false name or address, is
an offence.".
(2) For section 218B(5) of the Transport Act 1983
substitute--
10
"(5) Despite sub-section (4), it is not an offence
for a person to fail to comply with a request
made under sub-section (2) if the authorised
officer or member of the police force did not
fully comply with sub-section (3)(b) or (3)(c)
15
in making the request.".
(3) For sections 218B(6) and 218B(6A) of the
Transport Act 1983 substitute--
"(6) If a person states a name and address in
response to a request made under sub-
20
section (2), the officer or member may
request the person to provide evidence of the
correctness of the name and address.".
41. Insertion of section 220AA
After the heading to Division 4 of Part VII of the
25
Transport Act 1983 insert--
"220AA. False reports to officers
A person must not give information that is
relevant or possibly relevant for the purposes
of this Division (including for the purposes
30
of any relevant regulations) and that the
person knows, or believes, to be false to any
of the following who is performing a
function under this Division--
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s. 42
(a) any member of the police force;
(b) an authorised officer;
(c) a person employed by a passenger
transport company or a bus company
who has duties in relation to the issue,
5
inspection or collection of tickets for,
or the operation of, a vehicle operated
by the company;
(d) any other person appointed in writing
by a passenger transport company, a
10
bus company, a rail freight operator,
Rail Track or the Secretary for the
purposes of the regulations.
Penalty: 10 penalty units.".
42. Repeal of smoking offence
15
Section 222A of the Transport Act 1983 is
repealed.
43. Insertion of section 224
After section 223F of the Transport Act 1983
insert--
20
'224. Offence to provide false or misleading
information
(1) A person must not either deliberately or
recklessly--
(a) provide any information under this Act
25
that is false or misleading in a material
detail; or
(b) provide under this Act any document
that is false or misleading in a material
detail; or
30
(c) make any representation under this Act
that provides a false or misleading
impression of a material detail; or
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s. 43
(d) fail to include any material matter in
any information or document provided
under this Act if the failure causes the
information or document to be false or
misleading; or
5
(e) engage in conduct, or a course of
conduct, for a purpose that is relevant
to this Act, if that conduct is misleading
or deceptive, or is likely to mislead or
deceive.
10
Penalty: 300 penalty units, in the case of a
corporation;
Level 9 imprisonment (6 months
maximum) or 60 penalty units or
both, in any other case.
15
(2) Sub-section (1) does not apply to any
conduct that is an offence under
section 220AA (providing false information
in relation to an entitlement to use a public
transport service).
20
(3) Sub-section (1)(b) does not apply if, at the
time the person provided the document to the
person or body to whom the document was
provided, the person either--
(a) informed that person or body that the
25
record contained a material detail that
was false or misleading and specified in
what respect it was false or misleading;
or
(b) took all reasonable steps to provide that
30
person or body with that information.
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s. 44
(4) A reference in this section to "under this
Act" or "relevant to this Act" is to be read as
including a reference to any purpose
associated with this Act or the regulations,
and regardless of whether the information,
5
document, representation or conduct was
required to be provided, or was provided
voluntarily.'.
44. Consequential repeals of other false information
provisions
10
Sections 91, 125, 129R(3), 225A and 228L of the
Transport Act 1983 are repealed.
45. Substitution of section 225
For section 225 of the Transport Act 1983
substitute--
15
'225. Offence to assault or obstruct officers etc.
(1) In this section--
"officer" means--
(a) any officer or agent of the
Corporation or of the Department,
20
or an authorised officer, who is
acting in the execution of his or
her duty under this or any other
Act, or under regulations made
under this Act;
25
(b) a person employed by a passenger
transport company or a bus
company who has duties in
relation to the issue, inspection or
collection of tickets for, or the
30
operation of, a vehicle operated by
the company who is acting in the
execution of his or her duties;
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Part 9--Amendments to the Transport Act 1983
s. 45
(c) any other person appointed in
writing by a passenger transport
company, a bus company, a rail
freight operator, Rail Track or the
Secretary for the purposes of the
5
regulations who is acting in the
execution of his or her duties in
relation to the appointment;
"officer's assistant" means any person
lawfully assisting an officer in the
10
execution of his or her duty under this
or any other Act, or under regulations
made under this Act.
(2) A person must not, without reasonable
excuse, assault or incite or encourage any
15
other person to assault an officer or an
officer's assistant.
Penalty: 300 penalty units, in the case of a
corporation;
Level 9 imprisonment (6 months
20
maximum) or 60 penalty units or
both, in any other case.
(3) A person must not, without reasonable
excuse--
(a) obstruct, hinder or refuse to comply
25
with a lawful request or direction of; or
(b) incite or encourage any other person to
obstruct, hinder or refuse to comply
with a lawful request or direction of--
an officer or an officer's assistant.
30
Penalty: 300 penalty units, in the case of a
corporation;
60 penalty units, in any other
case.'.
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s. 46
46. Substitution of section 225B
For section 225B of the Transport Act 1983
substitute--
"225B. Offence to impersonate an officer
A person must not, directly or indirectly,
5
falsely represent himself, herself or itself to
be--
(a) an officer of the Department or the
Corporation; or
(b) an authorised officer (within the
10
meaning of any provision of this Act);
or
(c) a person who is authorised to exercise a
power or to carry out a function under
this Act.
15
Penalty: 300 penalty units, in the case of a
corporation;
Level 9 imprisonment (6 months
maximum) or 60 penalty units or
both, in any other case.".
20
47. Substitution of section 225C
For section 225C of the Transport Act 1983
substitute--
'225C. Offence to offer, give, solicit or accept a
bribe
25
(1) In this section--
"bribe" means anything that provides, or
that would provide, a benefit or an
advantage to an officer or to anyone
known to an officer;
30
"officer" means any officer of the
Department, or an authorised officer.
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s. 47
(2) A person must not, directly or indirectly,
give, offer to give, cause to be given or
attempt to give any bribe to an officer for the
purpose of inducing the officer to forgo his
or her duty, or to carry out his or her duty in
5
a manner that he or she would not usually
carry it out.
Penalty: 300 penalty units, in the case of a
corporation;
60 penalty units, in any other case.
10
(3) An officer must not, directly or indirectly,
solicit or accept, or attempt to solicit or
accept, any bribe for the purpose of inducing
him or her to forgo his or her duty, or to
carry out his or her duty in a manner that he
15
or she would not usually carry it out.
Penalty: Level 9 imprisonment (6 months
maximum) or 60 penalty units or
both.'.
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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