Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Transport Legislation (Further Amendment)
Bill
As Sent Print
EXPLANATORY MEMORANDUM
General
The three key proposals to be enacted by this Bill are bound together by the
theme of protecting members of the community, especially vulnerable
persons, and striving against the effects of disadvantage. These key
proposals will--
· introduce a new scheme for the accreditation of drivers of
commercial passenger vehicles (buses, taxis and hire cars) and
private bus services;
· strengthen the existing scheme for the accreditation of public
transport companies and associations who engage or employ
their own authorised officers to carry out law enforcement
functions on public transport;
· provide the Courts with an alternative measure for dealing with
certain public transport offenders, namely, participation in an
approved public transport education program.
The new driver accreditation scheme will be built around a "public care
objective" which is primarily concerned with the safety and the comfort,
amenity and convenience of the public, especially children and other
vulnerable persons. This principle will govern the entire accreditation cycle.
In addition, the provisions regarding applications for accreditation and the
taking of disciplinary action in relation to accredited drivers will make it very
difficult for the most unsuitable persons to perform this important work.
The most serious criminal background will result in automatic refusal or
cancellation of accreditation. To avoid a denial of procedural fairness to the
applicant or driver, the Bill will provide access to the Victorian Civil and
Administrative Tribunal.
1
551420 BILL LA AS SENT 15/6/2006
The strengthened enforcement accreditation scheme will similarly be
focussed not only on the technical competence of authorised officers but on
their conduct towards the public, especially children and other vulnerable
members of the community. The strength in the new provisions lies
primarily in the persistent reliance on the company's authorised officer
management system, the adequacy of which will be central throughout the
accreditation cycle. Further, there will be more serious consequences for the
company where it fails to ensure that its authorised officers conduct
themselves appropriately.
The innovative public transport education program will provide the Court
with a means of dealing more constructively with public transport offenders
whose health and social circumstances cause them to experience real
difficulty understanding and complying with their obligations as public
transport users. These people include persons who are disabled, who are
from diverse cultural backgrounds, who have limited English, who are
elderly or who are drug dependent. The program will explain such matters as
the ticketing and zoning system, other passenger obligations, the entitlement
of passengers generally to safety and to comfort, amenity and convenience as
travellers and the powers of authorised officers.
The Bill will make other amendments to the Transport Act 1983 and to
other public transport legislation.
Clause Notes
PART 1--PRELIMINARY
Clause 1 describes the purposes of the Bill, concentrating especially on the
three key proposals enacted by the Bill--namely, the new
accreditation scheme for drivers of commercial passenger
vehicles and private bus services, the strengthened accreditation
scheme for public transport companies who engage or employ
their own authorised officers and the new public transport
education programs for certain public transport offenders.
Clause 2 provides for the commencement of the various provisions of the
Bill. Most provisions will come into operation on a date to be
proclaimed, being no later than 1 January 2007.
2
PART 2--AMENDMENT OF THE TRANSPORT ACT 1983
Clause 3 enables the Director of Public Transport to delegate Director
powers, and makes amendments connected with clauses 4 to 7.
Clause 4 inserts section 9AC, a new section concerned with the ability of
the Director to acquire, hold and deal with land on behalf of the
Crown. This new section will enable the Director to acquire and
deal with land as "Director of Public Transport".
Clause 5 makes clear that section 9A is concerned with land acquisition
that is compulsory.
Clause 6 inserts section 9AAB, a new section concerned with the
Director's power to acquire an easement over land and to have the
easement registered on title.
Clause 7 inserts section 9BA, a new section which enables any
acquisitions of land or dealings with land by the Director to be
registered on title in the name of "Director of Public Transport".
Land acquired by the Director on behalf of the Crown will be
Crown land.
Clause 8 inserts into section 86 definitions that support the new
accreditation scheme for drivers of commercial passenger
vehicles and private bus services, including definitions of
"category 1 offence", "category 2 offence" and "category 3
offence".
Clause 9 makes an amendment to section 147B that is consequent on the
creation of the new driver accreditation scheme.
Clause 10 repeals section 156, which repeal is consequent on the creation of
the new driver accreditation scheme.
Clause 11 makes amendments to section 157 that are consequent on the
creation of the new driver accreditation scheme.
Clause 12 repeals sections 157A and 157B, which repeals are consequent
on the creation of the new driver accreditation scheme.
Clause 13 makes amendments to section 162 that are consequent on the
creation of the new driver accreditation scheme.
3
Clause 14 inserts new Division 6 of Part VI, which establishes the new
accreditation scheme for drivers of commercial passenger
vehicles and vehicles used in the provision of private bus
services. In particular--
New section 163 is an interpretation provision that describes the
circumstances that constitute a finding of guilt and a charge and
that describe when a charge is not finally disposed of.
New section 164 describes the public care objective which
governs the new accreditation scheme. The objective is that
services provided by drivers are provided with safety and with
comfort, amenity and convenience to persons using the services
and other persons, including children and other vulnerable
persons; and that such services are carried out in a way that is
not fraudulent or dishonest.
New section 165 prohibits the driving of a commercial passenger
vehicle or a vehicle used for the operation of a private bus service
if the driver is not accredited under the new Division. It is a
penal provision, and the penalty is 60 penalty units. This section
also provides exceptions for vehicle testing, driver training and
for persons from another State or Territory.
New section 166 empowers the Director of Public Transport to
accredit drivers under the scheme, and provides the application
process.
New section 167 enables the Director to require an applicant for
accreditation to demonstrate a number of matters including
fitness to drive, health, knowledge of streets and locations,
knowledge and use of the English language and knowledge and
skills in customer service, and to impose certain administrative
requirements on applicants.
New section 168 provides for the term of accreditation--a
maximum of 3 years--and for the process of accreditation
renewal.
New section 169 describes the grounds on which the Director
makes decisions on an application for issue or renewal of
accreditation. The positive criteria for accreditation are, the
appropriateness of accreditation having regard to the public care
objective, the fitness, health, technical competence and general
suitability of the applicant and compliance with the application
process. Accreditation must be refused if the applicant is not
licensed to drive, has been found guilty of a category 1 offence or
is subject to certain reporting obligations under the Sex
Offenders Registration Act 2004 or an extended supervision
order under the Serious Sex Offenders Monitoring Act 2005.
4
If the applicant has been found guilty of a category 2 offence, the
applicant can be accredited only by satisfying the Director that
accreditation is appropriate having regard to the public care
objective. An applicant who has been found guilty of a
category 3 offence or has been charged with a disqualifying
offence may also be refused accreditation. The section describes
the several matters to be considered by the Director in relation to
a category 2 or category 3 offence of which the applicant has
been found guilty or any disqualifying offence with which the
applicant has been charged.
New section 169A enables the Director to impose conditions on a
driver accreditation. The Director must have regard to the public
care objective.
New section 169B requires an accredited driver to comply
with any accreditation conditions imposed under
section 169A (10 penalty units).
New section 169C enables the Director, when refusing
accreditation, to disqualify the applicant from further applying
for up to 5 years. In deciding, the Director must have regard to
the public care objective and, in relation to a finding of guilt of a
disqualifying offence, to a number of specified matters.
New section 169D makes provision in relation to the certificate
of accreditation.
New section 169E requires the Director to cancel the
accreditation of a driver who is found guilty of a category 1
offence or who becomes subject to the sex offender reporting
obligations or supervision order referred to in new
section 169(2).
New section 169F empowers the Director to consider disciplinary
action against an accredited driver who has been found guilty of a
category 2 or category 3 offence, is charged with any
disqualifying offence, has failed to comply with a condition of
accreditation or no longer satisfies criteria of competence, health
and fitness, general suitability or appropriateness having regard
to the public care objective.
New section 169G requires the Director to notify the accredited
driver of a decision to consider disciplinary action.
New section 169H allows the accredited driver to make a written
submission to the Director in relation to a notification under
section 169G (or section 169K).
5
New section 169I describes the range of disciplinary action the
Director may take--from a reprimand to cancellation of
accreditation (including a disqualification for up to 5 years).
If the Director is considering a disqualifying offence, the Director
must have regard to the matters specified in section 169C.
New section 169J requires the Director to notify the accredited
driver of the decision to take disciplinary action, and the reasons.
New section 169K empowers the Director to impose an interim
suspension if satisfied that this is necessary having regard to the
public care objective. Interim suspension is mandatory if the
accredited driver is charged with a category 1 offence.
The section describes the duration of interim suspension.
New section 169L, if the interim suspension occurs because of a
charge for a disqualifying offence, requires the Director to
reinstate the accreditation if the driver is not found guilty of the
offence.
New section 169M enables a driver to whom section 169L
applies to be compensated by the Director for income lost during
the period of suspension.
New section 169N enables a person affected by a mandatory
refusal to issue or renew accreditation, or a mandatory
cancellation of accreditation, to apply to the Victorian Civil and
Administrative Tribunal for an order that accreditation be issued,
renewed or reinstated. Although the Director's action was
mandatory, VCAT has a discretion: it must consider the public
care objective and, in relation to a finding of guilt for a
category 1 offence, may have regard to the matters specified in
section 169C. The Director must comply with any order made by
VCAT.
New section 169O provides for VCAT's general jurisdiction to
review decisions of the Director under the new Division,
including the matters it is to consider in conducting the review.
New section 169P provides for the time by which an application
to VCAT must be made under section 169N and section 169O.
New section 169Q requires an accredited driver to sign the
certificate of accreditation (5 penalty units).
New section 169R requires an accredited drive to notify the
Director of a change of residential address (5 penalty units).
New section 169S requires an accredited driver to notify the
operator of the vehicle of any suspension or cancellation of the
driver's accreditation (5 penalty units).
6
New section 169T requires an accredited driver to notify the
Director of any finding of guilt or charge of a disqualifying
offence or of becoming subject to the sex offender reporting
obligations or supervision order referred to in new section 169(2)
(5 penalty units).
New section 169U requires an accredited driver to return a
certificate of accreditation that has become illegible or has been
altered or defaced (5 penalty units).
New section 169V requires an accredited driver to return the
certificate of accreditation if the accreditation is suspended or
cancelled (5 penalty units).
New section 169W requires an accredited driver to carry the
certificate of accreditation when driving the vehicle for which the
driver is accredited (5 penalty units).
New section 169X requires an accredited driver to produce the
certificate of accreditation on request by an authorised officer or
a member of the police force (5 penalty units).
New section 169Y makes provision for the power of the Director
to determine administrative fees for the application processes.
The fees must be published in the Government Gazette.
New section 169Z provides power for the making of regulations.
Clause 15 amends section 218B by permitting the divulgence of
information acquired under the section to the Sheriff's Office and
for law enforcement purposes. Statute law revision amendments
are also made.
Clause 16 substitutes Director of Public Transport for the Secretary to the
Department of Infrastructure as the person who appoints persons
employed or engaged by the Department as authorised officers.
Clause 17 substitutes Director of Public Transport for the Secretary to the
Department of Infrastructure as the person who appoints persons
employed or engaged by a passenger transport company, a bus
company or the Bus Association Victoria as authorised officers.
Clause 18 inserts new section 227A, which enables the court to order a
public transport offender to undertake a public transport
education program approved by the Director. The new section
describes matters that may be included in the program.
7
Clause 19 inserts new section 228AA and 228AB in Division 4A of
Part VII.
New section 228AA provides the objective for the Division.
The authorised officer management systems provided by
passenger transport companies, bus companies and the Bus
Association Victorian who employ or engage their own
authorised officers must be provided in a manner that promotes
the safety, comfort, amenity and convenience of persons using
the services and other persons, particularly children and other
vulnerable persons.
New section 228AB provides for some of the matters to be
included in a company's authorised officer management system.
Clause 20 amends section 228A by providing for fees and other matters
relating to an application for accreditation, and by identifying the
Director of Public Transport as the regulator.
Clause 21 amends section 228B by identifying the authorised officer
management system as the key criterion in a decision on an
application, and by identifying the Director of Public Transport
as the regulator.
Clause 22 inserts new section 228DB which prohibits a passenger transport
company, bus company of the Bus Association Victoria from
employing or engaging an authorised officer without being
accredited under the Division (300 penalty units).
Clause 23 replaces section 228H with a new section requiring an accredited
company to notify the Director of certain incidents or
occurrences, to provide the Director with a report on request and
further information as required (50 penalty units).
Clause 24 amends section 228HA by expanding the categories of books and
records an accredited company must keep (50 penalty units), by
providing a process for the audit of such books and records and
by identifying the Director of Public Transport as the regulator.
Clause 25 amends section 228I by providing for fees and other matters
relating to an application for renewal of accreditation, and by
identifying the Director of Public Transport as the regulator.
Clause 26 amends section 228J by providing for the matters to be
considered by the Director in deciding on a renewal application,
including the applicant's authorised officer management system
and compliance with accreditation conditions and the conduct of
the applicant's authorised officers.
8
Clause 27 amends section 228M by identifying the Director of Public
Transport as the regulator.
Clause 28 amends section 228N by including the company's compliance
with reporting obligations among the grounds for disciplinary
action, and by identifying the Director of Public Transport as the
regulator.
Clause 29 replaces section 228Q with a new section which also provides
that an authorised officer employed or engaged by a company
that loses its accreditation ceases to be an authorised officer
unless he or she is engaged by more than one company or
becomes employed or engaged by another company within
30 days.
Clause 30 inserts new Division 5 into Part VIII to address matters of
transition arising out of the Bill.
New section 268 contains definitions to support the new
Division.
New section 269 makes provision for drivers of commercial
passenger vehicles who hold a certificate under the outgoing
provisions. Generally, old certificates will be deemed to be
certificates of a new accreditation, subject to the new provisions.
Current certified drivers who have been found guilty of a
category 1 offence must, in order to be deemed to be accredited,
satisfy the Director that such deeming is appropriate having
regard to the public care objective under new Division 6 of
Part VI.
New section 270 saves accreditations granted by the Secretary
before commencement of the provisions that identify the Director
of Public Transport as public transport regulator.
New section 271 saves agreements etc entered into by the
Secretary before commencement of the provisions that identify
the Director of Public Transport as public transport regulator.
Clause 31 provides that the Act is amended as set out in Schedule 1 which
makes several amendments replacing the Secretary to the
Department of Infrastructure with the Director of Public
Transport.
9
PART 3--AMENDMENT OF OTHER ACTS
Clause 32 inserts new sections 13G, 13H and 13I into the Rail
Corporations Act 1996.
New section 13G empowers Rail Track to enter land for the
purpose of constructing and of maintaining, altering or using any
works supporting any rail signalling system. The section
provides for who may exercise the power, the times at which it
may be exercised and the requirement to give notice.
New section 13H imposes requirements on Rail Track in relation
to the exercise of the powers under new section 13G, including
causing as little harm and inconvenience as possible, leaving the
land as nearly as possible in the condition it was in before entry
and co-operating with the owner and any occupier of the land.
New section 13I requires Rail Track to compensate the owner
and any other person with an interest in the land in relation to any
damage to the land.
Clause 33 makes a number of amendments to the Transport Legislation
(Further Miscellaneous Amendments) Act 2005, including in
relation to the commencement of various provisions of that Act
and in identifying the Director of Public Transport as the
regulator for public transport.
Clause 34 amends section 225(3), as proposed to be amended by the
Transport Legislation (Further Miscellaneous Amendments)
Act 2005, by restoring the word "resist" to the actions that
constitute an offence under that provision.
Clause 35 amends sections 26 and 36 of the Public Transport
Competition Act 1995 by identifying the Director of Public
Transport as the regulator for public transport.
Clause 36 provides that the Public Transport Competition Act 1995 is
amended as set out in Schedule 2, which contains a number of
amendments identifying the Director of Public Transport as the
regulator for public transport.
Clause 37 makes a technical amendment to section 18 of the Rail
Corporations Act 1996 in relation to the powers of V/Line
Passenger Corporation.
Clause 38 amends section 382ZE of the Rail Corporations Act 1996 to
substitute a reference in the heading to the section to "Secretory"
with a reference to the "Safety Director".
10
PART 4--AMENDMENT OF RAIL SAFETY RELATED
LEGISLATION
Part 4 makes a series of minor, miscellaneous and transitional amendments to
the Rail Safety Act 2006 and the Transport Act 1983 to facilitate the rail
safety and wider public transport safety schemes established by those Acts.
Division 1--Amendments to Rail Safety Act 2006
Clause 39 amends section 2 of the Rail Safety Act 2006 so as to provide a
different default commencement date for section 123 of that Act.
This will enable the amendment made by that provision to better
align with the broader reform and restructuring of public
transport conduct offences effected by statute and regulations,
including in relation to the sunset of the current Transport
(Ticketing and Conduct) Regulations 2005.
Clause 40 amends section 3 of the Rail Safety Act 2006 by substituting an
improved definition of "interface co-ordination plan" which will,
among other things, facilitate the making of regulations in
relation to those plans.
Clause 41 inserts a new section 28A into the Rail Safety Act 2006 to
empower the Safety Director to request a rail operator to give
him or her, or a transport safety officer, access to the railway
premises of the rail operator, and any equipment or document, for
the enabling of the Safety Director, or the transport safety officer,
to inspect the safety management system of the rail operator.
A failure to comply with a request will be an offence.
Clause 42 amends section 52(4) of the Rail Safety Act 2006 by substituting
a new paragraph (a) that describes the matters (major incidents
and relevant hazards) that an emergency plan must address.
The provision also adds a new paragraph (ab) which is in
substance current paragraph (a) of the sub-section.
Clause 43 inserts new section 62A into the Rail Safety Act 2006 which
makes provision for a mandatory process which the Safety
Director must follow in relation to accreditation applications and
applications for variations to conditions or restrictions of
accreditations by persons who have similar applications on foot
in another State or Territory. The objective of the provision is for
consultation on the matters between the relevant safety regulators
of each jurisdiction. The Minister is empowered to prepare
guidelines on the manner of consultation which the Safety
Director must take into account. Taken together with the existing
mutual recognition provisions in the Rail Safety Act in relation
to safety accreditation, the provision will further facilitate the
11
pursuit of national uniformity or consistency in accreditations,
and in rail safety regulation generally.
Clause 44 amends the table in section 87 of the Rail Safety Act 2006
identifying the reviewable decision under new section 62A.
The provision provides a right of review for eligible rail
operators in relation to new section 62A (which is being added to
the Rail Safety Act 2006 by clause 42) and the requirement in
the new provision (new section 62A(3)) that the Safety Director
must take into account guidelines in relation to the consultation
required under new section 62A(2).
Clause 45 amends sections 105, 108 and 110 of the Rail Safety Act 2006
by providing new regulation-making powers in relation to a
number of rail safety matters including rail safety workers,
reports and information, notices, fees, interface coordination
plans, reviews and access to the safety management systems of
rail operators.
Clause 46 amends section 125 of the Rail Safety Act 2006 by amending
some of the definitions being inserted into the Transport Act
1983 under new section 228S. The clause also inserts new
definitions of "officer", "person", and "volunteer" into new
section 228S.
Clause 47 makes amendments to section 125 of the Rail Safety Act 2006 in
relation to transport safety officers by amending provisions to be
inserted into the Transport Act 1983 (sections 228T, 228U,
228W and 228X). The amendment in sub-clause (2), enables the
capacity to make an appointment subject to the terms and
conditions specified in the condition of appointment which may
include circumscribing the powers and functions under a relevant
transport safety law that may or may not be exercised by the
relevant transport safety officer.
Clause 48 makes further amendments to section 125 of the Rail Safety Act
2006 in relation to self-incrimination matters by amending
proposed new section 228ZZP of the Transport Act 1983 which
is being inserted by that section.
Clause 49 makes further amendments to section 125 of the Rail Safety Act
2006 by amending new section 228ZZR of the Transport Act
1983 in relation to rights of review.
12
Clause 50 amends section 127 of the Rail Safety Act 2006 by amending
new section 230G of the Transport Act 1983 to insert a new
definition in relation to improvement or prohibition notices.
Clause 51 makes further amendment to section 127 of the Rail Safety Act
2006 by amending new section 230J of the Transport Act 1983.
Clause 52 substitutes a new Division 4 of Part 11 of the Rail Safety Act
2006 (Savings and Transitional Provisions).
The new Division re-enacts existing provisions and includes new
provisions in relation to savings and transitional matters,
particularly concerning the proper transition from the existing rail
safety accreditation scheme for relevant operators established by
the Transport Act 1983 and the new accreditation scheme for
rail operators established by the Rail Safety Act 2006.
New section 163 provides for a suite of relevant definitions.
This encompasses definitions of "accredited commercial rail
operator", "accredited tourist and heritage rail operator",
"commencement day", "manage", "old accreditation", "operate",
"post new scheme accreditation", "private siding", "provide",
"rail infrastructure", "railway", "rolling stock", "tourist and
heritage rail operations", "tourist and heritage railway" and
"transitional accreditation".
New section 164 preserves the application of the Interpretation
of Legislation Act 1984.
New section 165 empowers regulations to be made that may
contain savings and transitional provisions consequent on the
enactment of the Rail Safety Act 2006 and the repeal of the
relevant rail safety-related provisions in the Transport Act 1983.
New section 166 enables the Minister to for the purposes of the
Division; make declarations concerning tourist and heritage rail
operations and railways.
New section 167 makes provision for the continuation and effect
of certain Orders and approvals under the Transport Act 1983
so that those Orders and approvals must be taken to be continued
under the relevant provisions of the Rail Safety Act 2006 and be
able to be amended and revoked accordingly.
New section 168 makes provision for the continuation and effect
of certain authorities given under the Transport Act 1983 so that
those authorities must be taken to be continued under the relevant
provisions of the Rail Safety Act 2006 and be able to be
amended and revoked accordingly.
13
New section 169 saves certain drug assessment procedures.
It makes provision for the continuation and effect of the drug
assessment procedures in force under the Transport Act 1983 so
that those procedures must be taken to be continued under the
relevant provision of the Rail Safety Act 2006 and be able to be
amended and revoked accordingly.
New section 170 saves certain existing applications for
accreditation. It makes provision for the continuation and effect
of the applications and specifies that from the commencement
day they are to be determined as if the relevant provisions of the
Transport Act 1983 were not repealed. The section then
provides that if the Safety Director decides to accredit the
applicant, the person is deemed to hold the relevant accreditation
under Part 5 of the Rail Safety Act 2006, which may be amended
and revoked accordingly.
New section 171 saves the review procedure under the
Transport Act 1983 in relation to certain accreditation decisions.
New section 172 saves certain accreditations. It makes provision
for the continuation and effect of accreditations held under the
Transport Act 1983 and confirms that these transitional
accreditations are deemed to be subject to the conditions to which
the old accreditation were subject, subject to certain listed
exceptions.
New section 173 provides for the expiry of transitional or post
new scheme accreditations. The provision confirms that these
accreditations expire--
· for commercial operators, on the second anniversary of
the commencement day; and
· for tourist and heritage rail operators, on the third
anniversary of the commencement day.
New section 174 saves certain conditions and restrictions of
transitional accreditations. It confirms that the conditions or
restrictions to which a transitional accreditation is subject may be
varied or revoked by the Safety Director.
New section 175 enables transitional accreditations to be
surrendered.
New section 176 saves certain applications for the variation or
revocation of accreditation conditions or restrictions.
New section 177 saves certain variations of accreditation
conditions or restrictions initiated by the Secretary before the
commencement of the Rail Safety Act 2006.
14
New section 178 relieves the holder of certain transitional
accreditations from certain obligations under Division 4 of Part 3;
and section 54 of the Rail Safety Act 2006.
New section 179 further relieves the holder of certain transitional
accreditations from certain obligations in relation to section 65 of
the Rail Safety Act 2006 and the requirement to demonstrate
ongoing compliance with risk management requirements.
New section 180 provides a procedural saving for persons
registered to manage private sidings and deems those persons to
have been granted an exemption under section 63 of the Rail
Safety Act 2006 subject to listed conditions and the expiry of the
exemption on the second anniversary of the commencement day.
New section 181 requires references to "Safety Director" to be
read as "Secretary" in transitional accreditations and post new
scheme accreditations.
New section 182 saves certain approved codes of practice.
It makes provision for the continuation and effect of the codes by
specifying that the codes in force immediately under the
Transport Act 1983 before the commencement day are deemed
to be approved codes of practice under the Rail Safety Act 2006
and may be amended and revoked accordingly.
Clause 53 makes minor statute law revision amendments to sections 116
and 125 of the Rail Safety Act 2006. Both amendments insert
missing words to proposed new sections of the Transport Act
1983.
Division 2--Infringement Related Amendments to Transport Act
1983
Clause 54 amends some definitions ("rail safety worker", "safety work
infringement") and repeals a definition ("worker") contained in
section 208 of the Transport Act 1983.
Clause 55 repeals redundant section 215A of the Transport Act 1983.
Clause 56 makes wording changes to section 215B of the Transport Act
1983, by replacing "worker" with "rail safety worker" as a
consequence of the inclusion of the definition of "rail safety
worker" in the Rail Safety Act 2006.
Clause 57 makes wording changes to section 215C of the Transport Act
1983, by replacing "worker" with "rail safety worker" as a
consequence of the inclusion of the definition of "rail safety
worker" in the Rail Safety Act 2006.
15
Clause 58 makes wording changes to section 215D of the Transport Act
1983, by replacing "worker" with "rail safety worker" as a
consequence of the inclusion of the definition of "rail safety
worker" in the Rail Safety Act 2006.
Clause 59 makes wording changes to section 215F of the Transport Act
1983, by replacing "worker" with "rail safety worker" as a
consequence of the inclusion of the definition of "rail safety
worker" in the Rail Safety Act 2006.
Clause 60 makes a wording change to section 223E of the Transport Act
1983, by replacing "worker" with "rail safety worker" as a
consequence of the inclusion of the definition of "rail safety
worker" in the Rail Safety Act 2006.
Division 3--Rail Safety Related Transitional Amendment to
Transport Act 1983
Clause 61 inserts new section 246CAA into the Transport Act 1983.
The section deems certain authorised officers authorised for the
purposes of drug and alcohol testing under the Transport Act
1983 to be, on the relevant date, transport safety officers
appointed under section 228T of the Act. The relevant date is
defined as being section 125 of the Rail Safety Act 2006.
Section 125 inserts section 228T into the Transport Act 1983.
16