TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983

Victorian Current Acts

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TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983

TABLE OF PROVISIONS

PART I--PRELIMINARY

1. Short title and commencement
2. Definitions
2A. Transport Integration Act 2010

PART II--ADMINISTRATION

Division 1--The Department

7. Minister may make use of services of officers etc. of public service or public entities
10. Priority of passenger services
12. Financial assistance to train drivers following fatal incidents

PART III--POWERS OF THE CORPORATION

43. Special acquisition powers of Rail Track with respect to the Loop
54. Provisions as to proposed developments along the line of the Loop
56. Regulations
57. Declaration of Southern Cross Station for purposes of regulations

PART IV--FINANCIAL

Division 2--Borrowing powers

77A. Power to give a guarantee in relation to a contract assigned by the Secretary

PART V--CHIEF INVESTIGATOR, TRANSPORT SAFETY

Division 1--Preliminary matters

82. Object
82C. Application of definitions to this Part

Division 3--Investigations

84. Specific investigation powers—public transport safety matters or marine safety matters
84A. Chief Investigator, Transport Safety to carry photo identification
84AA. Production of photo identification
84AB. Chief Investigator, Transport Safety may require persons to attend and answer questions
84B. Identity cards

Division 4--Reports and miscellaneous matters

85. Reports to be given promptly to the Minister
85A. Consultation before report finalised
85C. Limitations on disclosure etc. of information obtained under this Part
85D. Release of information in the interests of transport safety
85DA. Reports not admissible in evidence
85E. Chief Investigator, Transport Safety may authorise non-staff members to have access to information
85F. Confidential reporting of safety information by transport workers
85H. Chief Investigator, Transport Safety may ask Commonwealth agency to investigate accident or incident

PART VI--LICENSING OF CERTAIN VEHICLES AND DRIVER ACCREDITATION

Division 1--General provisions

86. Definitions
88. Part to bind Crown
90. No compensation payable

Division 6--Driver accreditation--commercial bus services and local bus services

163. Interpretation
164. Public care objective
165. Offence to drive certain vehicles without accreditation
166. Licensing authority's power to accredit persons
167. Tests, qualifications and other requirements
168. Term and renewal of accreditation
169. Matters to be considered by the licensing authority when issuing or renewing an accreditation
169A. Imposition of conditions on accreditation
169B. Offence to fail to comply with conditions
169C. Disqualification by licensing authority from ability to apply for accreditation
169D. Certificate of accreditation
169E. Mandatory cancellation in certain circumstances
169EA. Mandatory suspension in certain circumstances
169EB. Reinstatement of driver accreditation in certain circumstances where it has been suspended
169EC. Person whose driver licence or probationary licence is suspended or cancelled must notify the licensing authority
169F. Powers of the licensing authority to consider disciplinary action
169G. Notice to holder of accreditation
169H. Submissions to licensing authority
169HA. Licensing authority may extend time for making submissions
169I. Actions licensing authority may take after consideration
169J. Notice of licensing authority's decision
169K. Interim suspension of accreditation
169L. Re-instatement of accreditation
169M. Compensation for lost income during suspension
169MA. Application for internal review
169MB. Effect of decision on application
169MC. Determination of application for internal review
169N. Jurisdiction of VCAT as to category 1 offenders
169O. Review of decision by VCAT
169P. Time period for making application for review
169Q. Offence not to sign certificate on receipt
169R. Offence not to notify change of address and give driver accreditation
169S. Offence not to notify of suspension or cancellation of accreditation
169T. Offence not to notify of being charged with, or found guilty of, a disqualifying offence
169U. Offence to retain illegible certificate
169V. Offence to retain certificate if accreditation suspended or cancelled
169W. Offence not to carry certificate when driving
169WB. Holder of accreditation must not permit non‑accredited driver to drive vehicle used to operate bus service
169X. Offence not to produce certificate when asked
169Y. Power of licensing authority to determine fees
169Z. Regulations

Division 10--Events affecting public transport

192. Meaning of event and organiser
193. Events to which this Division applies
194. Meaning of regular public transport service
195. Organiser must give notice of proposed event
196. The Head, Transport for Victoria may ask that a public transport plan be submitted
197. Public transport plans
198. Preparation of public transport plans
199. By when public transport plans to be submitted
200. The Head, Transport for Victoria may impose fee
201. Alternative arrangements if time limited
202. The Head, Transport for Victoria may waive or reduce time limits
203. Approval of public transport plans
204. Consequences of a failure to comply with this Division

PART VII--PROSECUTIONS, ENFORCEMENT AND PENALTIES AND OTHER MATTERS

Division 1--Interpretations and application

208. Definitions
208A. Application of powers conferred on protective services officers under this Part

Division 2--Transport and ticket infringements

212. Transport and ticket infringements
213A. Administrative costs in respect of ticket infringements
214. Proof of prior convictions or findings of guilt
214A. Differences in penalties
215. Regulations

Division 3--Enforcement provisions--vehicle inspections

216. Inspection of motor vehicles
217. Powers of officers authorised by the Secretary
217A. Additional inspection power concerning heavy vehicles

Division 3A--Other enforcement provisions

218B. Power to require names and addresses
219. Power to arrest suspected offenders
220. Power to remove offenders

Division 4--Regulation of entitlement to use public transport services

220AA. False reports to officers
220A. Offence to dishonestly obtain a ticket etc.
220B. Offence to counterfeit or alter a ticket
220C. Offence to claim exemption or concession if not entitled
220D. Head, Transport for Victoria may determine conditions
220DA. Conditions relating to overseas student travel
221. Information not to be disclosed
221AA. Regulations concerning entitlement to use public transport services

Division 4AA--Authorisation of persons for the purposes of enforcement

221A. Authorisation of Departmental authorised officers
221AB. Authorisation of other authorised officers
221B. Application for authorisation
221C. Qualification requirements
221CA. Time limits on section 221AB authorisations
221CB. Scope of authorisation may be limited
221CC. Non-compliance with a limit
221D. Conditions of authorisation
221E. Change of conditions
221F. Non-compliance with a condition
221FA. Clarification of places in which certain authorised officers may operate
221G. Application for renewal of authorisation
221H. Renewal of authorisation
221I. Issue of identity cards
221J. Inquiry into conduct of authorised officer
221K. Effect of suspension
221L. Revocation of authorisation
221M. Tribunal reviews
221N. Authorisations cease to exist in certain circumstances
221O. Return of identity cards
221P. Lost, stolen or destroyed identity cards to be reported
221Q. Replacement of identity cards
221R. Offence to falsely represent oneself as an authorised officer
221S. Application by proposed employee

Division 4AAA--Transport safety offences

221U. Definitions
221V. Exclusion of mistake of fact defence
221W. Statement that mistake of fact defence does not apply not to affect other offences
221X. Overdimensional vehicles crossing tracks
221XA. Permit for overdimensional vehicles to cross tracks
221XB. Additional charges
221XC. Refunds
221XD. Offence to fail to comply with permit conditions
221Y. Operators of overdimensional vehicles crossing tracks without permission also guilty of offence
221Z. Reasonable steps defence—reliance on container weight declaration
221ZA. Specification of vehicle limits and fees for overdimensional vehicles crossing tracks
221ZB. Animals on railway tracks
221ZC. Placing things on tracks
221ZD. Mounting a place not intended for travel etc.
221ZE. Travelling in a place not intended for travel etc.
221ZF. Applying brake or emergency device
221ZG. Stopping a rail vehicle or road vehicle
221ZH. Operating equipment
221ZI. Permitting drainage

Division 4AB--Further offences

222B. Interference with prescribed equipment
223. Offence to trespass on land or premises of the Head, Transport for Victoria or Rail Track
224. Offence to provide false or misleading information
225. Offence to assault or obstruct officers etc.
225B. Offence to impersonate an officer
225C. Offence to offer, give, solicit or accept a bribe
226. Criminal liability of officers of bodies corporate—failure to exercise due diligence
227. Offences by unincorporated bodies, partnerships etc.
227A. Power of court to require attendance at approved public transport education program
228. General penalty

Division 4A--Accreditation of passenger transport companies

228AA. Objective
228AB. Definition
228A. Application for accreditation
228B. Matters to be considered by Secretary
228C. Giving or refusal of accreditation
228D. Conditions of accreditation
228DA. Accredited companies must comply with conditions
228DB. Offence to employ or engage authorised officer without accreditation under this Division
228E. Change of conditions etc.
228F. Duration of accreditation
228G. Requirement to notify Secretary about charges, etc.
228H. Notifications
228HA. Audit of certain books and records of accredited companies for compliance purposes
228I. Application for renewal of accreditation
228J. Renewal of accreditation
228K. Nature of accreditation
228M. Secretary not liable for giving accreditation
228N. Supervision of accredited companies
228O. Procedure and powers
228P. Immediate power of suspension
228Q. Effect of suspension, cancellation or failure to renew
228QA. Improvement notices
228QB. Formal irregularities or defects in notice
228QC. Proceedings for offences not affected by improvement notices
228R. Tribunal reviews

Division 5--Prosecutions and evidentiary provisions

229. Prosecutions
230. Evidentiary provisions
230AB. Evidentiary provision—smartcards
230AC. Certificate of authorised officer who operated hand held reader
230AD. Certificate in respect of prescribed devices and processes
230AE. Notice by informant
230AF. Notice by accused
230AG. Informant may adduce evidence in relation to ticket offence
230AH. Regulations

Division 6--Sentences in relation to relevant transport laws

230E. Release on the giving of a safety undertaking
230F. Variation or contravention of orders under section 230E

Division 7--Other matters

230G. Definitions
230I. Interaction with the Occupational Health and Safety Act 2004

PART VIIA--ENFORCEMENT AND RELATED POWERS FOR THE PORT OF MELBOURNE

Division 1--Preliminary

230K. Definitions
230L. Appointment
230M. Identity cards
230N. Return of identity cards
230O. Production of identity card

Division 2--Powers of entry and search of vessels

230P. Power to enter and inspect vessels
230Q. Production of identity card by port safety officers before vessel searches
230R. Consent not needed for inspections

Division 3--Powers of entry and search of premises

230S. Entry of premises with consent
230T. Entry of premises without consent
230U. Powers that may be exercised on entry
230V. Securing a site
230W. Offence to enter secured site

Division 4--Provisions as to use of or seizure of equipment or goods

230X. Use of equipment to examine or process things
230Y. Copies of certain things seized to be given
230Z. Access to seized things
230ZA. Retention and return of seized documents or things
230ZB. Magistrates' Court may extend 3 month period

Division 4A--Port safety infringement notices

230ZBA. Port safety infringements
230ZBB. Regulations

Division 5--General

230ZC. Requirement to assist port safety officer during entry
230ZD. Protection against self-incrimination
230ZE. Persons who may bring proceedings

PART VIII--MISCELLANEOUS AND TRANSITIONAL

Division 1--Transfer of powers functions assets liabilities and staff

231. Definitions
232. Abolition of former Authorities
233. Transfer of property liabilities contracts debts causes of actions leases etc. to Corporation
243. Contributors to State Employees Retirement Benefits Fund
244. Contributors to Superannuation Fund
244A. Members of Transport Superannuation Fund
245. Contributors to other funds
246. Country Roads Board

Division 1A--Transitional provisions

246A. Transport Acts (Amendment) Act 1997
246B. Rail Corporations (Further Amendment) Act 1998
246C. Rail Corporations and Transport Acts (Amendment) Act 1999
246CAA. Rail Safety Act 2006—Authorised officers for drug and alcohol testing

Division 1B--Validation

246CA. Definitions
246CB. Authorized officers for the purposes of sections 212 and 213 appointed by MTA and STA
246CC. Authorised officers for the purposes of Division 2 of Part VII appointed by PTC
246CD. Authorised officers for the purposes of section Division 2 of Part II appointed by Secretary
246CE. Authorized officer for the purposes of section 218 appointed by the MTA or STA
246CF. Authorized officer for the purposes of section 218 or 218B appointed by the PTC under section 218(1)
246CG. Authorised officers for the purposes of section 218B appointed by PTC under that section
246CH. Authorised officers for the purposes of section 218B by Secretary
246CI. Officers of the MTA and STA authorized for the purposes of section 219(2) or (4)
246CJ. Officers of the PTC authorised for the purposes of section 219(2), (4) or (7)
246CK. Officers of the PTC authorised for the purposes of section 219A
246CL. Relevant employees and authorised officers for the purposes of section 219
246CM. Authorised persons for the purposes of section 219AA
246CN. Authorised persons, authorised officers and relevant employees for the purposes of section 220
246CO. Authorized persons for the purposes of section 221 authorized by MTA or STA
246CP. Authorized persons for the purposes of section 221 authorized by PTC
246CQ. Authorized persons for the purposes of section 221 authorised by the Secretary
246CR. Authorised officers for the purposes of section 221AA
246CS. Examples of things validated
246CT. Accreditations under Division 4A of Part VII
246CU. Prosecutorial authorisations by the MTA or STA
246CV. Prosecutorial authorisations by the PTC
246CW. Prosecutorial authorisations by the Secretary
246CX. Only things done or purported to have been done under a purported authorisation and appointment validated
246CY. Evidence
246CZ. Delegations generally in relation to authorisations
246CZA. Delegations generally in relation to accreditations
246CZB. Incorrect delegations purportedly under section 6B
246CZC. No proceedings may be brought
246CZD. Preservation of rights only in certain proceedings

Division 1C--Wheelchair accessible taxi-cab fixed term licence fee instalment amounts

246CZE. Definitions
246CZF. Instalment amounts for licence fees for WAT fixed term licences changed
246CZG. Set off of excess licence fee payments
246CZH. Revocation of 2014 amending Order

Division 2--Miscellaneous

246D. Temporary authorisations for the purposes of Division 4AA of Part VII
246E. Temporary authorisation for the purposes of sections 211 and 218B
249. Head, Transport for Victoria need not fence
249B. Regulations with respect to services operated by a passenger transport company etc.
250. Service of documents on natural persons
251. Service of documents on corporations
251A. Sale of lost property found in or on public transport property
251B. Nuisances and noise emissions
252. Determination of differences
253. Revocation of reservations for tramways purposes
253A. Revocation of part of Melbourne Park Reservation for tramways purposes
253B. Further revocation of reservations for tramways purposes
253C. Re-reservation of certain land for Yarra Park
253D. Registrar of Titles to make necessary amendments
254. Acts etc. deemed performed by Road Traffic Authority
254A. Repeal of Part IIA
254B. Transitional provision—Effect of repeal of Part IIA
255A. Supreme Court—limitation of jurisdiction
255B. Supreme Court—limitation of jurisdiction
255C. Supreme Court—limitation of jurisdiction
255D. Supreme Court—limitation of jurisdiction
255E. Supreme Court—limitation of jurisdiction
255F. Supreme Court—limitation of jurisdiction
256. Regulations

Division 3--Transitional and savings provisions--Transport (Further Amendment) Act 2001

257. Definitions
258. Transfer of rights and liabilities etc. of PTC to the Secretary on behalf of the Crown
259. List of staff to be transferred
260. Transfer of staff of PTC
261. Savings provision—assignments
262. Savings provision—guarantees
263. Transitional provision—Power to amend or grant further guarantee on assignment of contract

Division 4--Savings and transitional provisions--Transport (Rights and Responsibilities) Act 2003

264. Commencement date
265. Continuation of Departmental authorisations
266. Continuation of Roads Corporation authorisations
267. Continuation of passenger transport and bus company employee authorisations

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

268. Definitions
269. Old certificates deemed to be accreditations
270. Saving of accreditations granted by Secretary
271. Saving of agreements etc.

Division 6--Transitional provisions--Transport (Taxi-cab Accreditation and Other Amendments) Act 2006

272. Taxi-cab accreditation
273. Assignments

Division 7--Transitional provisions--Transport Legislation Amendment (Driver and Industry Standards) Act 2008

274. Accreditations

Division 8--Transitional provisions--Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009

275. Transitional provision—direction to provide reasonable assistance
276. Transitional provision—direction to state name and address

Division 9--Transitional provisions--Part 2 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011

277. Definitions
278. Minister may direct transfer of DPT property etc. to Secretary
279. Property etc. transferred in accordance with direction
280. Allocation of property etc. subject to encumbrances
281. Substitution of party to agreement
282. Former DPT instruments and agreements
283. Proceedings
284. Interests in land
285. Action by Registrar of Titles
286. Taxes
287. Evidence
288. Validity of things done under this Subdivision
289. General transitional provisions
290. Regulatory instruments
291. Pending applications for accreditation
292. Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations
293. Disciplinary action taken against accredited persons
294. Surrender of accreditations
295. Application for commercial passenger vehicle licences
296. Cancellation or alteration of licences
297. Transfer of licences
298. Assignments
299. Substitution of vehicle where licensed vehicle undergoing repair
300. Substitution of licensed vehicle
301. Cancellation of licence for vehicles
302. Revocation or suspension of licence, permit or certificate
303. Application for driver accreditation
304. Application for renewal of driver accreditation
305. Actions Director may take in relation to holders of driver accreditations
306. Pending applications for authorisations
307. Pending applications for renewal of authorisations
308. Identity cards of authorised officers
309. Inquiries into conduct of authorised officers
310. Pending applications for a certificate
311. Pending applications for accreditation
312. Change of accreditation conditions on application of accredited company
313. Change of accreditation conditions on initiative of Director
314. Pending applications for renewal of authorisations
315. Supervision of accredited companies
316. Proceedings
317. References to the Director—certain statutory instruments
318. Transitional regulations

Division 10--Transitional provisions--Part 3 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011

319. Definitions
320. Minister may direct transfer of property of Secretary etc. to TSC
321. Property etc. transferred in accordance with direction
322. Allocation of property etc. subject to encumbrances
323. Substitution of party to agreement
324. Former Secretary instruments and agreements
325. Proceedings
326. Interests in land
327. Action by Registrar of Titles
328. Taxes
329. Evidence
330. Validity of things done under this Subdivision
331. General transitional provisions
332. Regulatory instruments
333. Pending applications for accreditation
334. Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations
335. Disciplinary action taken against accredited persons
336. Surrender of accreditations
337. Application for commercial passenger vehicle licences
338. Cancellation or alteration of licences
339. Transfer of licences
340. Assignments
341. Substitution of vehicle where licensed vehicle undergoing repair
342. Substitution of licensed vehicle
343. Cancellation of licence for vehicles
344. Revocation or suspension of licence, permit or certificate
345. Application for driver accreditation
346. Application for renewal of driver accreditation
347. Actions Secretary may take in relation to holders of driver accreditations
348. Proceedings
349. References to the Secretary—certain statutory instruments
350. Transitional regulations

Division 11--Transitional provisions--Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014

351. Definitions
352. Continuation of Public Transport Fund
353. Specification of money to be transferred
354. Transfer of money and abolition of old fund
355. References to old fund

Division 12--Transitional provisions--Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016

356. Continuation of protection for persons who have paid on-the-spot penalty fares
357. Allocation of on-the-spot penalty fares

Division 13--Transitional provisions--Commercial Passenger Vehicle Industry Act 2017

358. Restricted hire vehicle licences taken to be hire car licences
359. Special purpose vehicle licences taken to be hire car licences
360. Taxi-cab licences
361. Accredited providers of taxi-cab network services

Division 14--Transitional provisions--Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019

362. Permissions for overdimensional vehicles
363. Fees and further charges

Division 15--Savings and transitional arrangements--Transport Legislation Amendment Act 2019

364. Application of Interpretation of Legislation Act 1984
SCHEDULE 7
SCHEDULE 9
SCHEDULE 10
ENDNOTES

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