Transport Legislation Amendment (Public
Transport Development Authority) Act 2011
No. 61 of 2011
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purpose
Commencement
1
2
PART 2—THE PUBLIC TRANSPORT DEVELOPMENT
AUTHORITY
3
3
New Division 1A of Part 5 inserted
3
Division 1A—Public Transport Development Authority
3
Subdivision 1—Establishment, Object, Functions and
Powers
3
79A
79AB
79AC
Public Transport Development Authority
Official seal
Public Transport Development Authority represents
the Crown
79AD Object of the Public Transport Development
Authority
79AE Functions of the Public Transport Development
Authority
79AF Powers of the Public Transport Development
Authority
79AG Extra-territoriality
11
14
Subdivision 2—Constitution, Procedures and Staff
14
79B
79BA
79BC
79BD
79BE
79BF
79BG
79BH
79BI
79BJ
14
15
15
16
18
19
19
20
21
23
Board of directors
Constitution of board of directors
Appointment of directors
Acting appointments
Vacancies, resignations, removal from office
Validity of acts or decisions
Proceedings of board of directors
Resolutions without meetings
Chief executive officer
Employees and other staff
i
3
3
4
4
6
Section
Page
79BK
Power to enter into arrangements for the services of
public servants
79BL Delegation by the Public Transport Development
Authority
79BM Public Transport Development Authority not to
make loans to directors
79BN Indemnity
23
24
25
26
Subdivision 3—General Provisions
26
79C
79D
79E
26
28
79F
79G
79H
79I
79J
79K
79L
79M
79N
79O
79P
79Q
79R
79S
79T
Compulsory acquisition of land
Easements
Public Transport Development Authority may use or
manage Crown lands reserved under Crown Land
(Reserves) Act 1978
Grant of unalienated Crown land
Acquisition of land or interest in land to achieve
environmental sustainability
Powers to enter land for investigative purposes
Power to enter building
Powers to enter land to construct or maintain works
Contingency planning for exercise of certain powers
Public Transport Development Authority to conduct
cost-benefit analysis of relevant rail safety projects
Guidelines for cost-benefit analysis and consultation
Reports to Minister
Directions
Corporate plan
Statement of corporate intent
Corporate plan to be followed
Nothing void merely because of non-compliance
Board of directors to give notice of significant events
Subdivision 4—Financial Provisions
Public Transport Development Authority to prepare
budgets
79V
Minister to submit budgets
79VA Funding of deficit
79VB Revised budget
79VC Interim budgets
79VD Public Transport Development Authority to provide
budgetary information
79VE General fund
79VF Financial accommodation
79VG Power of Treasurer to execute guarantee
29
31
31
32
34
34
36
37
38
38
39
39
41
42
43
43
43
79U
ii
43
46
47
47
47
48
48
50
51
Section
Page
Subdivision 5—Performance and Financial Reporting
52
79W
79X
52
53
Performance reports
Financial reports
PART 3—TRANSFER PROVISIONS
4
55
New Part 10 inserted
55
PART 10—TRANSPORT LEGISLATION AMENDMENT
(PUBLIC TRANSPORT DEVELOPMENT AUTHORITY)
ACT 2011
55
Division 1—Preliminary
55
240
241
55
55
Purpose of Part
Definitions
Division 2—Transfer of Property, Rights and Liabilities
and Staff
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
Minister may direct transfer of Director of Public
Transport property, rights and liabilities held on
behalf of the Crown
Minister may direct transfer of Public Transport
Ticketing Body property, rights and liabilities
Minister may direct transfer of Victorian Rail Track
property, rights and liabilities
Minister may direct transfer of V/Line Corporation
property, rights and liabilities
Transfer of Metlink property, rights and liabilities
Minister may direct transfer of Secretary property,
rights and liabilities held on behalf of the Crown
Property, rights and liabilities allocated in accordance
with direction
Allocation of property and rights subject to
encumbrances
Certificate of chief executive officer
Certificate of Secretary—Metlink property, rights or
liabilities
Value of allocated property, rights or liabilities
Substitution of party to agreement
Former relevant transferor instruments
Proceedings
Interests in land
Easements
Amendment of Register
Taxes
Evidence
iii
59
59
61
63
65
66
68
70
70
71
72
72
73
73
73
74
74
74
75
76
Section
Page
261
262
263
Transfer of employees of Public Transport Ticketing
Body to the Public Transport Development Authority
Transfer of employees of Metlink to the Public
Transport Development Authority
Validity of things done under this Part
76
78
80
PART 4—RELATED AND CONSEQUENTIAL AMENDMENTS
82
Division 1—Transport Integration Act 2010
82
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Consequential amendments
Amendment of section 33—Functions of the Department
New section 37A inserted—Contingency planning for
exercise of certain powers
37A
Contingency planning for exercise of certain powers
Section 63 substituted
63
Transport plan
New section 69A inserted—Withdrawal of certain functions
and powers from the Director of Public Transport
69A
Withdrawal of certain functions and powers from
the Director of Public Transport
Amendment of section 87—Functions of the Roads
Corporation
New section 109A inserted—Financial reports
109A Financial reports
Amendment of section 110—Corporate Plan
Amendment of section 120—Functions of Victorian Rail
Track
Repeal of section 127
Amendment of section 132—Functions of V/Line
Corporation
Amendment of section 138—Functions of the Linking
Melbourne Authority
Amendment of section 141E—Functions of the Port of
Melbourne Corporation
Amendment of section 141M—Functions of the Victorian
Regional Channels Authority
Amendment of section 165—Corporate Plan
New section 203A and 203B inserted
203A Saving and transitionals—Transport Legislation
Amendment (Public Transport Development
Authority) Act 2011
203B Transitional regulations—Transport Legislation
Amendment (Public Transport Development
Authority) Act 2011
iv
82
84
85
85
85
85
86
86
87
88
88
89
89
89
89
90
90
90
90
91
91
92
Section
Page
Division 2—Specified Acts
21
93
Amendment of Rail Management Act 1996
93
Division 1A—Powers of the Secretary and the Public
Transport Development Authority
93
67A
67B
67C
67D
22
23
24
25
Clearance of trees or wood
No obligation to fence
Power to open and break up roads and divert traffic
Power to install stopping places and associated
facilities
67E
Level crossings
67F
Tram infrastructure
67G
Overhead power supply
67H
Power to stop traffic
67I
Exercise of powers
Amendment of Rail Safety Act 2006
35A
Public Transport Development Authority is exempt
35B
Secretary to the Department of Transport is exempt
Amendment of Transport (Compliance and Miscellaneous)
Act 1983
Amendment of section 220D of the Transport (Compliance
and Miscellaneous) Act 1983
Consequential amendments to specified Acts
PART 5—ABOLITION OR DISSOLUTION OF TRANSPORT
BODIES
26
27
Abolition of Director of Public Transport
New Division 3 inserted in Part 10 of the Transport
Integration Act 2010
Division 3—Administrator of the Public Transport
Ticketing Body
28
264
Provisions to prevail
265
The Administrator
266
Vacancy, resignation or removal from office
267
Functions and powers
268
Staff
269
Delegation
270
Directions
271
Effect of appointment of Administrator
New Division 4 inserted in Part 10 of the Transport
Integration Act 2010
93
95
95
96
96
96
97
97
98
99
99
99
99
100
101
102
102
103
103
103
103
104
104
105
105
105
106
107
Division 4—Dissolution of the Public Transport
Ticketing Body
107
272
107
Dissolution of the Public Transport Ticketing Body
v
Section
29
30
31
Page
Consequential amendments—Transport (Compliance and
Miscellaneous) Act 1983
Consequential amendment—Transport Integration Act 2010
Repeal of amending Act
__________________
108
108
108
SCHEDULES
109
SCHEDULE 1—References to the Director of Public Transport
changed to Public Transport Development
Authority
109
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Bus Services Act 1995
Docklands Act 1991
Duties Act 2000
EastLink Project Act 2004
Major Transport Projects Facilitation Act 2009
Melbourne City Link Act 1995
Planning and Environment Act 1987
Rail Management Act 1996
Rail Safety Act 2006
Road Management Act 2004
Road Safety Act 1986
Tourist and Heritage Railways Act 2010
Transport (Compliance and Miscellaneous) Act 1983
Victorian Urban Development Authority Act 2003
SCHEDULE 2—Other changes to References to Director of
Public Transport
1
2
3
4
5
Education and Training Reform Act 2006
Graffiti Prevention Act 2007
Major Transport Projects Facilitation Act 2009
Rail Management Act 1996
Transport (Compliance and Miscellaneous) Act 1983
═══════════════
ENDNOTES
109
111
112
112
112
113
113
113
119
120
120
120
121
123
124
124
124
124
124
124
126
vi
Victoria
Transport Legislation Amendment
(Public Transport Development
Authority) Act 2011†
No. 61 of 2011
[Assented to 15 November 2011]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The purpose of this Act is to—
(a) amend the Transport Integration Act 2010
to establish the Public Transport
Development Authority to—
1
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
s. 2
Part 1—Preliminary
(i) deliver more customer focused public
transport services by planning,
coordinating and managing the public
transport system;
(ii) administer the arrangements for the
provision of metropolitan trams, trains
and buses and regional trains and buses;
(iii) operate as the face of public transport;
(iv) improve the public transport service
experience and create a public transport
shopfront for passengers and
stakeholders;
(b) make related and consequential amendments
to the Transport Integration Act 2010, the
Transport (Compliance and
Miscellaneous) Act 1983 and certain other
Acts.
2 Commencement
(1) Part 1 comes into operation on the day after the
day on which this Act receives the Royal Assent.
(2) Subject to subsections (3) and (4), the remaining
provisions of this Act (including the items and
provisions of items in a Schedule) come into
operation on a day or days to be proclaimed.
(3) Subject to subsection (4), if a provision referred to
in subsection (2) (including an item or a provision
of an item in a Schedule) other than a provision of
Part 5, does not come into operation before 1 July
2012, that provision comes into operation on that
day.
(4) If a provision of Part 5 does not come into
operation before 30 June 2013, that provision
comes into operation on that day.
__________________
2
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
Part 2—The Public Transport Development Authority
s. 3
PART 2—THE PUBLIC TRANSPORT DEVELOPMENT
AUTHORITY
3 New Division 1A of Part 5 inserted
After Division 1 of Part 5 of the Transport
Integration Act 2010 insert—
"Division 1A—Public Transport Development
Authority
Subdivision 1—Establishment, Object,
Functions and Powers
79A Public Transport Development Authority
(1) The Public Transport Development
Authority is established.
(2) The Public Transport Development
Authority—
(a) is a body corporate with perpetual
succession;
(b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real
and personal property;
(e) may do and suffer all acts and things
that a body corporate may by law do
and suffer.
79AB Official seal
(1) The official seal of the Public Transport
Development Authority must—
(a) be kept in such custody as the Public
Transport Development Authority
directs;
3
See:
Act No.
6/2010.
Reprint No. 1
as at
1 September
2010
and
amending
Act Nos
13/2009,
6/2010,
54/2010,
65/2010,
79/2010,
34/2011,
35/2011 and
38/2011.
LawToday:
www.
legislation.
vic.gov.au
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
s. 3
Part 2—The Public Transport Development Authority
(b) not be used except as authorised by the
Public Transport Development
Authority.
(2) All courts must take judicial notice of the
official seal of the Public Transport
Development Authority affixed to any
document.
79AC Public Transport Development Authority
represents the Crown
In performing its functions and exercising its
powers, the Public Transport Development
Authority represents the Crown.
79AD Object of the Public Transport
Development Authority
(1) The primary object of the Public Transport
Development Authority is to plan,
coordinate, provide, operate and maintain a
safe, punctual, reliable and clean public
transport system consistent with the vision
statement and the transport system
objectives.
(2) Without limiting the generality of subsection
(1), the primary object includes the
following—
(a) to ensure, in collaboration with other
transport bodies and public entities, that
the public transport system operates as
part of an integrated transport system
which seeks to meet the needs of all
transport system users;
(b) to manage the public transport system
in a manner which supports a
sustainable Victoria by—
4
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
Part 2—The Public Transport Development Authority
(i) seeking to increase the share of
public transport trips as a
proportion of all transport trips in
Victoria;
(ii) actively promoting public
transport to Victorian families and
other members of the community
as an alternative to travelling by
motor car;
(iii) while seeking to give effect to
subparagraphs (i) and (ii), also
seeking to improve the
environmental performance and
minimise the adverse
environmental impacts of the
public transport system;
(c) to contribute to social wellbeing by
providing access to opportunities and
supporting liveable communities;
(d) to promote economic prosperity
through efficient and reliable
movement of public transport users
while also supporting rail freight
services;
(e) in collaboration with relevant bodies
including the Department, the Roads
Corporation, public transport operators,
Victorian Rail Track, Municipal
Councils, the Director, Transport
Safety, the Department of Justice and
Victoria Police, to improve the safety
of public transport for public transport
users.
5
s. 3
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
s. 3
Part 2—The Public Transport Development Authority
79AE Functions of the Public Transport
Development Authority
(1) The functions of the Public Transport
Development Authority are to—
(a) act as the public face of the public
transport system in Victoria by—
(i) providing and disseminating, or
arranging for the provision and
dissemination of, including by
maintaining a public transport
website on the Internet,
information on public transport
matters including services, fares
and timetables;
(ii) managing the public transport
brand, including through
consistent signage on public
transport infrastructure;
(iii) managing relationships with, and
between, stakeholders in the
public transport system;
(iv) acting as an advocate and
spokesperson for the public
transport system in accordance
with the Government's public
transport policies and priorities
and under the Department's
planning framework;
(b) assist persons and bodies to construct,
maintain or vary public transport
infrastructure, including rail
infrastructure, roads, road-related
infrastructure, roadsides and other
transport assets;
6
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
Part 2—The Public Transport Development Authority
(c) construct or vary public transport
infrastructure, including rail
infrastructure, roads, road-related
infrastructure, roadsides and other
transport assets, as directed by the
Minister;
(d) manage operational public transport
infrastructure, including rail
infrastructure and other transport assets,
including by—
(i) undertaking or causing to be
undertaken audits of that
infrastructure and assets and
reporting on the condition of, and
works programs for, that
infrastructure and those assets;
(ii) setting standards for the
maintenance and condition of that
infrastructure and those assets;
(iii) setting medium and long term
asset management strategies for
that infrastructure and those
assets;
(e) plan for the development of public
transport networks as part of an
integrated transport system, including
by undertaking feasibility studies,
under the Department's planning
framework;
(f) manage the coordination of trams,
trains and buses, including by setting
standards and parameters for
timetabling and connectivity of
passenger services;
7
s. 3
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
s. 3
Part 2—The Public Transport Development Authority
(g) develop and implement policies and
strategies to improve the safety of
passenger services and the security of
the public transport system;
(h) develop and implement operational and
service policies, plans, guidelines,
standards, limits and practices for the
public transport system and related
matters under the Department's
planning framework;
(i) provide and operate, or facilitate the
provision and operation of, public
transport, including by—
(i) entering and managing contracts
for passenger services and other
ancillary or incidental transport
services, including ticketing
systems;
(ii) operating passenger services and
other ancillary or incidental
transport services;
(iii) putting into service and
maintaining rolling stock, buses or
other vehicles for passenger
services or other ancillary or
incidental transport services;
(iv) procuring passenger services,
rolling stock and transport assets,
including other ancillary or
incidental transport services and
assets, as directed by the Minister;
(j) provide and operate, or facilitate the
provision and operation of, ticketing
systems used for the public transport
system and manage ongoing
improvements in the ticketing systems
8
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
Part 2—The Public Transport Development Authority
for the public transport system,
including advising the Secretary on the
structure and level of fares;
(k) monitor and report to the Minister on
whether the provision of passenger
services meets contractual obligations
and Government and community
expectations, including through
conducting surveys in relation to
customer satisfaction with the provision
of passenger services and with the
public transport system generally;
(l) protect future options for the
improvement of the transport system
including holding, retaining and
reserving land for future rail corridors;
(m) develop and implement effective
environmental policies, strategies and
management systems under the
Department's planning framework to
support a sustainable transport system,
including minimising any adverse
environmental impacts from the public
transport system;
(n) provide support to tourist and heritage
railway operators within the meaning of
the Tourist and Heritage Railways
Act 2010;
(o) manage and administer matters relating
to freight as directed by the Minister,
including matters relating to any
transfer of property, rights or liabilities
under Part 10;
9
s. 3
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
s. 3
Part 2—The Public Transport Development Authority
(p) perform any other functions or duties
conferred on the Public Transport
Development Authority by any other
Act or any regulations under any other
Act.
(2) In performing the functions conferred on the
Public Transport Development Authority, the
Public Transport Development Authority
must—
(a) where relevant, engage with
stakeholders so as to ensure better
outcomes for all Victorians;
(b) conduct research and collect
information relating to the performance
of its functions and the operation of the
public transport system so as to enable
the Public Transport Development
Authority to meet the object of the
Public Transport Development
Authority, including information in
relation to the performance and
operation of the public transport system
in comparable jurisdictions for the
purpose of benchmarking;
(c) efficiently deal with any complaints
relating to the performance of—
(i) the public transport system;
(ii) the functions of the Public
Transport Development Authority;
(iii) a public transport operator;
(d) perform the functions consistently with
Government policies and strategies for
rail freight in Victoria.
10
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
Part 2—The Public Transport Development Authority
(3) The functions of the Public Transport
Development Authority do not include the
development of legislation and regulatory
policy relating to public transport and related
matters.
(4) However, the Public Transport Development
Authority may advise or comment on the
development of legislation, regulatory policy
and related matters.
79AF Powers of the Public Transport
Development Authority
(1) The Public Transport Development
Authority has power to do all things that are
necessary or convenient to be done for or in
connection with, or as incidental to, the
achievement of the object of the Public
Transport Development Authority and the
performance of its functions.
(2) Without limiting the generality of subsection
(1), the Public Transport Development
Authority may—
(a) conduct or undertake the general
administration of arrangements entered
into with any person or body to provide
passenger services or other transport
services in connection with the
functions of the Public Transport
Development Authority;
(b) enter into any agreement or contract to
support the provision of passenger
services or other transport services in
connection with the functions of the
Public Transport Development
Authority;
11
s. 3
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
s. 3
Part 2—The Public Transport Development Authority
(c) enter into any lease or licence to
support the provision of passenger
services or other transport services in
connection with the functions of the
Public Transport Development
Authority;
(d) acquire, own, build, maintain and
operate public transport infrastructure
and related infrastructure;
(e) enter into an agreement relating to the
allocation of revenue which is derived
from the provision of any passenger
services or other transport services;
(f) give indemnities, guarantees, releases
and charges, and anything else of a
similar nature;
(g) exercise the powers conferred on the
Public Transport Development
Authority by any other Act or any
regulations under any other Act.
(3) Without limiting the generality of subsection
(1), the Public Transport Development
Authority may—
(a) participate in the formation of a
corporation, trust, partnership or other
body;
(b) subscribe for or otherwise acquire, and
hold and dispose of, shares in, or
debentures or other securities of, a
corporation;
(c) become a member of a company
limited by guarantee;
(d) subscribe for or otherwise acquire, and
hold and dispose of, units in a trust;
12
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
Part 2—The Public Transport Development Authority
(e) acquire, and hold and dispose of, an
interest in a partnership or other body;
(f) enter into partnership or into any
arrangement for sharing of profits,
union of interest, co-operation, joint
venture, reciprocal concession or
otherwise, with any person or body
carrying on or engaged in, or about to
carry on or engage in, any business or
transaction whether within or outside
Victoria relating to, or connected with,
any function of the Public Transport
Development Authority;
(g) acquire (whether by creation, lease,
licence, receiving the assignment or
grant of, or otherwise), hold, accept as a
security, or otherwise deal with, any
intellectual property right (for example,
a trademark, patent, design, copyright
(including an associated moral right),
plant breeder's right, circuit layout
right, trade secret, or right arising from
confidential information);
(h) assign, grant, lease, licence, sell,
mortgage, use as a security, or
otherwise encumber or dispose of, any
intellectual property right;
(i) seek any remedy in relation to, or do
anything necessary to enforce, protect,
maintain, register or exploit, any
intellectual property right;
(j) seek any remedy in relation to, or do
anything necessary to enforce, protect,
maintain or exploit, any Crown
copyright;
13
s. 3
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
s. 3
Part 2—The Public Transport Development Authority
(k) engage consultants, contractors or
agents;
(l) act as an agent of another person.
(4) The generality of this section is not limited
by any other provision of this Act or any
other Act which confers a power on the
Public Transport Development Authority.
79AG Extra-territoriality
(1) The Public Transport Development
Authority may also perform its functions and
exercise its powers outside Victoria.
(2) Subject to any directions given, and
conditions imposed, by the Minister, the
Public Transport Development Authority
may also perform its functions and exercise
its powers outside Australia.
Subdivision 2—Constitution, Procedures and
Staff
79B Board of directors
(1) The Public Transport Development
Authority must have a board of directors.
(2) The board of directors of the Public
Transport Development Authority is to
consist of not less than 3, and not more
than 7, directors appointed in accordance
with this Subdivision.
(3) The board of directors of the Public
Transport Development Authority—
(a) is responsible for the management of
the affairs of the Public Transport
Development Authority;
(b) may exercise the powers of the Public
Transport Development Authority.
14
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
Part 2—The Public Transport Development Authority
79BA Constitution of board of directors
The board of directors of the Public
Transport Development Authority consists
of—
(a) a chairperson;
(b) a deputy chairperson;
(c) subject to section 79B(2), any other
directors as are appointed by the
Minister in accordance with this
Subdivision.
79BC Appointment of directors
(1) The chairperson, deputy chairperson and
other directors of the Public Transport
Development Authority must be appointed
by the Minister.
(2) Until the expiry of the period of 12 months
after the commencement of section 26 of the
Transport Legislation Amendment
(Public Transport Development
Authority) Act 2011, the chairperson of the
board of directors may also be appointed as
the chief executive officer of the Public
Transport Development Authority in
accordance with section 79BI.
(3) As from the expiry of the period of
12 months after the commencement of
section 26 of the Transport Legislation
Amendment (Public Transport
Development Authority) Act 2011, the
Minister must appoint a person who is a
community representative to be one of the
directors of the Public Transport
Development Authority.
(4) A director is appointed for the fixed term
specified in the instrument of appointment.
15
s. 3
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
s. 3
Part 2—The Public Transport Development Authority
(5) A director is appointed on the terms and
conditions (including remuneration and
allowances) that are specified in the
instrument of appointment.
(6) A director is eligible to be re-appointed.
(7) The Public Administration Act 2004 (other
than Part 3 of that Act) applies to a director
of the Public Transport Development
Authority in respect of the office of director.
79BD Acting appointments
(1) The deputy chairperson of the board of
directors of the Public Transport
Development Authority must act as
chairperson—
(a) if the office of chairperson is vacant; or
(b) during any period when the chairperson
is absent; or
(c) if the chairperson is, for any other
reason, unable to attend meetings of the
board of directors or otherwise unable
to perform the duties of the office.
(2) While the deputy chairperson is acting as
chairperson, the deputy chairperson—
(a) has and may exercise all the powers,
and must perform all the functions and
duties, of the chairperson;
(b) is entitled to be paid the remuneration
and allowances which the chairperson
would have been entitled to.
(3) The Minister may appoint a director of the
Public Transport Development Authority to
act as deputy chairperson—
(a) during a vacancy in the office of deputy
chairperson; or
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(b) during any period when the deputy
chairperson is absent; or
(c) during any period when the deputy
chairperson is acting as chairperson; or
(d) if the deputy chairperson is, for any
other reason, unable to attend meetings
of the board of directors or otherwise
unable to perform the duties of the
office.
(4) While a director is acting as deputy
chairperson, the director—
(a) has and may exercise all the powers,
and must perform all the functions and
duties, of the deputy chairperson;
(b) is entitled to be paid the remuneration
and allowances which the deputy
chairperson would have been entitled
to.
(5) The Minister may appoint a person to act as
a director (other than the chairperson or
deputy chairperson) of the Public Transport
Development Authority—
(a) during a vacancy in the office of a
director; or
(b) during any period when the director is
absent; or
(c) during any period when the director is
acting as deputy chairperson; or
(d) if the director is, for any other reason,
unable to attend meetings of the board
of directors or otherwise unable to
perform the duties of the office.
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(6) While a person is acting as a director, the
person—
(a) has and may exercise all the powers,
and must perform all the functions and
duties, of a director;
(b) is entitled to be paid the remuneration
and allowances which a director would
have been entitled to.
79BE Vacancies, resignations, removal from
office
(1) The office of a director of the Public
Transport Development Authority becomes
vacant if the director—
(a) without the approval of the board of
directors, fails to attend 3 consecutive
meetings of the board of directors; or
(b) becomes bankrupt, applies to take the
benefit of any law for the relief of
bankrupt or insolvent debtors,
compounds with his or her creditors or
makes an assignment of his or her
remuneration for their benefit; or
(c) is convicted of an indictable offence or
an offence that, if committed in
Victoria, would be an indictable
offence.
(2) A director may resign by notice in writing
delivered to the Minister.
(3) The Minister may remove or suspend a
director from office.
(4) A director must be removed from office by
the Minister if the director is convicted of an
offence relating to his or her duties as a
director.
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79BF Validity of acts or decisions
An act or decision of the board of directors
of the Public Transport Development
Authority is not invalid only—
(a) because of a vacancy in the
membership of the board of directors,
including a vacancy arising from the
failure to appoint a director; or
(b) because of a defect or irregularity in, or
in connection with, the appointment of
a director or an acting director; or
(c) in the case of an acting director, on the
grounds that the occasion for the person
to act had not arisen or had ceased.
79BG Proceedings of board of directors
(1) Subject to subsection (2), meetings of the
board of directors of the Public Transport
Development Authority must be held at the
times and places determined by the board of
directors.
(2) The chairperson—
(a) may at any time convene a meeting of
the board of directors;
(b) must convene a meeting of the board of
directors when requested by a director
to do so.
(3) A majority of the directors of the board of
directors for the time being constitutes a
quorum of the board of directors.
(4) A question arising at a meeting of the board
of directors is determined by a majority of
votes.
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(5) The person presiding at a meeting of the
board of directors has—
(a) a deliberative vote; and
(b) in the case of an equality of votes, a
second or casting vote.
(6) The board of directors must ensure that
accurate minutes are kept of its meetings.
(7) The board of directors may permit directors
to participate in a particular meeting, or all
meetings, by telephone, closed-circuit
television or other means of communication
that does not require the physical presence of
each director in the same place.
(8) Subject to this Act, the board of directors
may regulate its own proceedings.
79BH Resolutions without meetings
(1) If the directors for the time being of the
Public Transport Development Authority
(other than a director who is absent from
Australia when the other directors sign) sign
a document containing a statement that they
are in favour of a resolution in the terms set
out in the document, a resolution in those
terms is deemed to have been passed at a
meeting of the board of directors held—
(a) on the day on which the document is
signed; or
(b) if the directors do not sign the
document on the same day, on the day
on which the last director to sign signs
the document.
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(2) If a resolution is deemed under subsection
(1) to have been passed at a meeting of the
board of directors, each director must be—
(a) advised as soon as practicable; and
(b) given a copy of the terms of the
resolution.
(3) For the purposes of subsection (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by
one or more directors, are deemed to
constitute one document.
79BI Chief executive officer
(1) The board of directors of the Public
Transport Development Authority, with the
approval of the Minister, may appoint a
person as the chief executive officer of the
Public Transport Development Authority and
may at any time remove or suspend a person
from that office.
(2) The chief executive officer of the Public
Transport Development Authority holds
office, subject to this Act, on a full-time
basis and on such terms and conditions as are
determined by the Minister and specified in
the instrument of appointment.
(3) The chief executive officer may be a director
of the Public Transport Development
Authority but cannot be appointed the
chairperson except as provided by section
79BC(2).
(4) The chief executive officer may resign from
the office in writing signed by the chief
executive officer and delivered to the
chairperson of the board of directors.
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(5) If the chief executive officer is the
chairperson of the board of directors, the
chief executive officer may resign from the
office in writing signed by the chief
executive officer and delivered to the
Minister.
(6) If the chief executive officer is unable,
whether because of illness, suspension,
absence or otherwise, to perform the duties
of the office of chief executive officer, the
board of directors may appoint another
person to act in the place of the chief
executive officer during the period of the
inability.
(7) A person appointed under this section to act
in the place of the chief executive officer
while so acting—
(a) has all the rights and powers, and must
perform all the duties, of the chief
executive officer of the Public
Transport Development Authority; and
(b) is to be paid any remuneration and
travelling or other allowances fixed by
the board of directors from time to
time, having regard to the rate of
remuneration and allowances for the
time being payable to the chief
executive officer of the Public
Transport Development Authority.
(8) If the chief executive officer was
immediately before his or her appointment
an officer within the meaning of the State
Superannuation Act 1988 or a member
within the meaning of the Transport
Superannuation Act 1988, he or she
continues to be such an officer or member
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while serving with the Public Transport
Development Authority.
79BJ Employees and other staff
(1) The Public Transport Development
Authority may employ any persons for the
purposes of carrying out the object,
functions, powers and duties of the Public
Transport Development Authority.
(2) Persons employed by the Public Transport
Development Authority are to be employed
on the terms and conditions determined by
the Public Transport Development Authority
and approved by the Minister.
(3) If a person employed by the Public Transport
Development Authority was immediately
before his or her appointment an officer
within the meaning of the State
Superannuation Act 1988 or a member
within the meaning of the Transport
Superannuation Act 1988, he or she
continues to be such an officer or member
while serving with the Public Transport
Development Authority.
79BK Power to enter into arrangements for the
services of public servants
(1) For the purposes of carrying out the object,
functions, powers and duties of the Public
Transport Development Authority, the Public
Transport Development Authority, in
addition to all other powers conferred on it
by or under this or any other Act, may enter
into arrangements for the services of persons
employed under Part 3 of the Public
Administration Act 2004.
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(2) Without limiting the generality of subsection
(1), the Public Transport Development
Authority may enter into agreements or
arrangements for the use of the services of
any staff of a Department, statutory authority
or public body.
(3) The Secretary may, if requested by the
Public Transport Development Authority,
give the Public Transport Development
Authority such reasonable assistance as is
necessary to assist the Public Transport
Development Authority to carry out the
object, functions, powers and duties of the
Public Transport Development Authority.
79BL Delegation by the Public Transport
Development Authority
(1) The Public Transport Development
Authority by instrument may delegate to any
person any power, duty or function of the
Public Transport Development Authority
under any Act or regulations including,
subject to subsection (3), this power of
delegation.
(2) A delegation under this section may be
made—
(a) in relation to a person or class of
persons specified in the instrument of
delegation; or
(b) in relation to the holder, or the holder
from time to time, of an office
specified, or of each office in a class of
offices specified, in the instrument of
delegation.
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(3) A person to whom a power, duty or function
has been delegated under subsection (1) may,
subject to and in accordance with the
instrument of delegation under subsection
(1), by instrument delegate to another person
that power, duty or function.
(4) Sections 42 and 42A of the Interpretation
of Legislation Act 1984 apply to a subdelegation under subsection (3) as if it were
a delegation.
79BM Public Transport Development Authority
not to make loans to directors
(1) The powers of the Public Transport
Development Authority do not include a
power, whether directly or indirectly—
(a) to make a loan to a director of the
Public Transport Development
Authority, a partner of such a director,
or a relative (as defined in the
Corporations Act) of such a director or
partner; or
(b) to give a guarantee or provide security
in connection with a loan made or to be
made by another person to a director,
partner or relative referred to in
paragraph (a).
(2) Nothing in subsection (1) prohibits the
Public Transport Development Authority
entering into an agreement or arrangement
with a person referred to in subsection (1) if
similar agreements or arrangements are
entered into by the Public Transport
Development Authority with members of the
public on the same terms and conditions.
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79BN Indemnity
The powers of the Public Transport
Development Authority do not include a
power to exempt, whether directly or
indirectly, a director of the Public Transport
Development Authority from, or to
indemnify (whether by paying a premium in
respect of a contract of insurance or
otherwise) a director of the Public Transport
Development Authority against, any liability
that by law would otherwise attach to the
director in respect of a wilful breach of duty
or breach of trust of which the director may
be guilty in relation to the Public Transport
Development Authority.
Subdivision 3—General Provisions
79C Compulsory acquisition of land
(1) Subject to the approval of the Minister, the
Public Transport Development Authority
may compulsorily acquire any land which is
or may be required by the Public Transport
Development Authority for or in connection
with the performance of its functions or the
exercise of its powers.
(2) The Land Acquisition and Compensation
Act 1986 applies to this Act and for that
purpose—
(a) the Transport Integration Act 2010 is
the special Act;
(b) the Public Transport Development
Authority is the Authority;
(c) land includes strata above or below the
surface of land and easements and
rights to use land or strata above or
below the surface of the land;
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(d) section 75 of the Land Acquisition
and Compensation Act 1986 has
effect as if it empowered the Authority
to enter any land and section 75(6) did
not apply.
(3) In full or part settlement of any
compensation that the Public Transport
Development Authority is liable to pay, the
Public Transport Development Authority
may—
(a) transfer a building from land owned by
a person entitled to the compensation to
other land owned either by that person
or by the Public Transport
Development Authority; or
(b) transfer a building from land owned by
the Public Transport Development
Authority to other land owned either by
the Public Transport Development
Authority or by a person entitled to the
compensation.
(4) If the Public Transport Development
Authority acquires any land compulsorily
under this section—
(a) the Public Transport Development
Authority may require the owner of the
land to take any land adjoining it that is
owned by the Public Transport
Development Authority and is no
longer required by the Public Transport
Development Authority; and
(b) the value of that adjoining land must be
deducted from any sum to be paid by
way of compensation to the owner for
the compulsory acquisition; and
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(c) if that value cannot be agreed between
the Public Transport Development
Authority and the owner it must be
settled in the same manner and at the
same time as the compensation to be
paid to the owner.
79D Easements
(1) If any right to use land or any right in the
nature of an easement or purporting to be an
easement is acquired by the Public Transport
Development Authority, it is deemed for all
purposes to be an easement even though
there is no land vested in or held by the
Public Transport Development Authority
that is in fact benefited or capable of being
benefited by that right.
(2) If by or under this Act any private right of
way or easement is extinguished or any
easement is acquired by the Public Transport
Development Authority—
(a) the Registrar of Titles must make any
recordings in the Register that are
necessary or expedient because of that
extinguishment or acquisition; and
(b) the holder of any relevant certificate of
title must deliver it to the Registrar of
Titles.
(3) Subsection (2) does not apply to an easement
acquired compulsorily by the Public
Transport Development Authority.
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79E Public Transport Development Authority
may use or manage Crown lands reserved
under Crown Land (Reserves) Act 1978
(1) The Public Transport Development
Authority may use any Crown land for
transport purposes with the approval of the
Minister administering the Act relating to the
management or use of the land given by the
Minister in accordance with any
requirements which apply under that Act.
(2) If any Crown land proposed to be so used or
managed by the Public Transport
Development Authority is reserved under the
Crown Land (Reserves) Act 1978 for a
purpose which is inconsistent with that use
or management, the Public Transport
Development Authority cannot use or
manage the land unless and until the
reservation is revoked in accordance with
section 9 of that Act.
(3) The Public Transport Development
Authority must make compensation, in
respect of the use or management under this
section by the Public Transport Development
Authority of any Crown land reserved under
the Crown Land (Reserves) Act 1978 for a
purpose inconsistent with that use, in the
manner and to the extent agreed upon by the
Public Transport Development Authority and
the Minister administering the Crown Land
(Reserves) Act 1978.
(4) An agreement under subsection (3) may
provide for—
(a) the payment by the Public Transport
Development Authority of a sum of
money as agreed upon by the Public
Transport Development Authority and
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the Minister administering the Crown
Land (Reserves) Act 1978; or
(b) the undertaking of works or the making
of provision by the Public Transport
Development Authority in place of any
improvements on the land as agreed
upon by the Public Transport
Development Authority and the
Minister administering the Crown
Land (Reserves) Act 1978; or
(c) both the payment of a sum of money in
accordance with paragraph (a) and the
undertaking of works or the making of
provision in accordance with
paragraph (b).
(5) If an agreement under subsection (3)
provides for the payment of a sum of money,
that money must, unless the Minister
administering the Crown Land (Reserves)
Act 1978 otherwise directs, be paid to that
Minister.
(6) The Minister administering the Crown Land
(Reserves) Act 1978 may direct that money
to be paid under an agreement under
subsection (3) must be—
(a) paid to—
(i) the trustees in whom or the
Council in which the land is
vested; or
(ii) the committee of management
appointed in respect of the land; or
(iii) the authority under whose control
and management the land has
been placed pursuant to section 18
of the Crown Land (Reserves)
Act 1978; or
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(iv) any other person or persons as are
agreed upon by the Public
Transport Development Authority
and the Minister administering the
Crown Land (Reserves) Act
1978; and
(b) applied as directed by the Minister.
(7) If any dispute arises as to the amount of any
sum of money payable under this section,
that dispute is to be determined by the
Governor in Council.
79F Grant of unalienated Crown land
(1) This section applies to any land vested in the
Public Transport Development Authority
under this Act which was immediately prior
to its use or management for transport
purposes unalienated land of the Crown
whether set apart as a government road or
not.
(2) Subject to subsection (3), the Governor in
Council, on the recommendation of the
Minister administering section 22A of the
Land Act 1958, may grant that land to the
Public Transport Development Authority
subject to any conditions, exceptions and
reservations as the Governor in Council
considers appropriate.
(3) This section is subject to section 8 of the
Crown Land (Reserves) Act 1978 and
section 349 of the Land Act 1958.
79G Acquisition of land or interest in land to
achieve environmental sustainability
(1) The power conferred by this section is in
addition to, and does not limit, any other
power conferred on the Public Transport
Development Authority.
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(2) The Public Transport Development
Authority may acquire by negotiation any
land or interest in any land which the Public
Transport Development Authority considers
is reasonably necessary to avoid, minimise
and offset harm to the local and global
environment arising out of the performance
of its functions or the exercise of its powers.
79H Powers to enter land for investigative
purposes
(1) The Public Transport Development
Authority may enter any land and do all
things necessary and convenient for
investigative purposes to determine whether
the land should be compulsorily acquired.
(2) The Public Transport Development
Authority may exercise the powers conferred
by this section on the Public Transport
Development Authority by any person who
is authorised in writing by the Public
Transport Development Authority to do so.
(3) The Public Transport Development
Authority must not exercise a power under
this section unless—
(a) the Public Transport Development
Authority has given 7 days' notice in
writing to the occupier of the land that
is to be entered; or
(b) the occupier of the land consents to
entry to the land; or
(c) immediate entry is necessary because
of an emergency.
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(4) A person who is exercising a power under
this section must not enter land that is used
primarily for residential purposes except
between 7.30 a.m. and 6 p.m. unless the
occupier consents to a different time.
(5) In exercising powers under this section, the
Public Transport Development Authority
must—
(a) cause as little harm and inconvenience
as possible;
(b) stay on the land only for as long as is
reasonably necessary to exercise the
power;
(c) remove from the land on completing
the exercise of the power, all plant,
machinery, equipment, goods or
temporary buildings brought onto the
land for the exercise of the power, other
than anything that the owner or
occupier of the land agrees may be left
there;
(d) leave the land as nearly as possible in
the condition in which the Public
Transport Development Authority
found it;
(e) ensure that as little damage as possible
is done to the land;
(f) co-operate as much as possible with the
owner and any occupier of the land.
(6) If the Public Transport Development
Authority has caused any damage to land
while exercising a power under this section,
the Public Transport Development Authority
must pay compensation to the owner and any
other person with an interest in the land.
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(7) Compensation under subsection (6)—
(a) may, if so agreed by the person entitled
to the compensation, be paid as a lump
sum or by way of an annual rent; or
(b) if no agreement can be reached, must
be determined in the manner provided
in the Land Acquisition and
Compensation Act 1986.
79I Power to enter building
The Public Transport Development
Authority may after giving 7 days' notice in
writing to the occupier of a building—
(a) enter the building at any reasonable
hour in the day-time;
(b) inspect, make measurements and
drawings and take photographs of the
building;
(c) take any other measures the Public
Transport Development Authority
considers are necessary to ascertain the
construction and condition of the
building.
79J Powers to enter land to construct or
maintain works
(1) The Public Transport Development
Authority may enter any land and do all
things necessary and convenient for
constructing, maintaining, altering and using
any works in the performance of its
functions.
(2) The Public Transport Development
Authority may exercise the powers conferred
by this section on the Public Transport
Development Authority by any person who
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is authorised in writing by the Public
Transport Development Authority to do so.
(3) The Public Transport Development
Authority must not exercise a power under
this section unless—
(a) the Public Transport Development
Authority has given 7 days' notice in
writing to the occupier of the land that
is to be entered; or
(b) the occupier of the land consents to
entry to the land; or
(c) immediate entry is necessary because
of an emergency.
(4) A person who is exercising a power under
this section must not enter land that is used
primarily for residential purposes except
between 7.30 a.m. and 6 p.m. unless the
occupier consents to a different time.
(5) In exercising powers under this section, the
Public Transport Development Authority
must—
(a) cause as little harm and inconvenience
as possible;
(b) stay on the land only for as long as is
reasonably necessary to exercise the
power;
(c) remove from the land on completing
the exercise of the power, all plant,
machinery, equipment, goods or
temporary buildings brought onto the
land for the exercise of the power, other
than anything that the owner or
occupier of the land agrees may be left
there;
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(d) leave the land as nearly as possible in
the condition in which the Public
Transport Development Authority
found it;
(e) ensure that as little damage as possible
is done to the land;
(f) co-operate as much as possible with the
owner and any occupier of the land.
(6) If the Public Transport Development
Authority has caused any damage to land
while exercising a power under this section,
the Public Transport Development Authority
must pay compensation to the owner and any
other person with an interest in the land.
(7) Compensation under subsection (6)—
(a) may, if so agreed by the person entitled
to the compensation, be paid as a lump
sum or by way of an annual rent; or
(b) if no agreement can be reached, must
be determined in the manner provided
in the Land Acquisition and
Compensation Act 1986.
79K Contingency planning for exercise of
certain powers
The Public Transport Development
Authority must develop and maintain a
contingency plan for the possible exercise of
a power under section 79AE(1)(i)(ii).
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79L Public Transport Development Authority
to conduct cost-benefit analysis of relevant
rail safety projects
(1) This section applies to a relevant rail safety
project in relation to which—
(a) the Director, Transport Safety makes a
rail safety recommendation; and
(b) the Public Transport Development
Authority considers may have the effect
of resulting in significant costs or
expenses being incurred by the Public
Transport Development Authority or
the Crown.
(2) The Public Transport Development
Authority, before undertaking or funding a
relevant rail safety project the subject of a
rail safety recommendation, must—
(a) conduct or cause to be conducted a
cost-benefit analysis of the relevant rail
safety project; and
(b) consult with—
(i) the Premier, the Treasurer and any
other Minister whose area of
responsibility may be affected by
the proposed rail safety project;
and
(ii) any other person specified in
guidelines prepared under
section 79M.
(3) The cost-benefit analysis and consultation
must be conducted—
(a) in accordance with guidelines prepared
under section 79M; and
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(b) before the Public Transport
Development Authority undertakes or
funds the relevant rail safety project.
79M Guidelines for cost-benefit analysis and
consultation
(1) The Minister may prepare guidelines for the
purposes of cost-benefit analysis and
consultation conducted under section 79L.
(2) Before preparing guidelines under this
section the Minister must consult with the
Premier and the Treasurer.
(3) Guidelines prepared under this section
may—
(a) include guidelines about the
methodology to be applied in a costbenefit analysis conducted under
section 79L;
(b) require the Public Transport
Development Authority to obtain an
independent assessment about the
methodology to be applied in a costbenefit analysis that is conducted under
section 79L;
(c) include guidelines about the procedure
for consultation under section 79L.
79N Reports to Minister
The Minister may, in writing, require the
board of directors of the Public Transport
Development Authority to give the Minister
any information that the Minister reasonably
requires.
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79O Directions
(1) The Public Transport Development
Authority—
(a) is subject to the general direction and
control of the Minister; and
(b) must comply with any specific
direction given by the Minister.
(2) If the Public Transport Development
Authority has been given a specific direction
by the Minister, the Public Transport
Development Authority may publish the
specific direction in the Government
Gazette.
(3) The Public Transport Development
Authority cannot be given any direction by
the Minister as to the quantum of any
amount payable under section 68 of the Rail
Management Act 1996 for breach of a civil
penalty provision within the meaning of that
section.
79P Corporate plan
(1) The requirements in this section are in
addition to the requirements under
section 64.
(2) The board of directors of the Public
Transport Development Authority must give
a copy of the proposed corporate plan to the
Minister on or before 31 May in each year.
(3) The proposed corporate plan must—
(a) be in a form approved by the Minister;
(b) include a statement of corporate intent
in accordance with section 79Q;
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(c) include a business plan and financial
statements containing any information
that the Minister requires.
(4) The board of directors of the Public
Transport Development Authority must
consider any comments on the proposed
corporate plan that are made to the board of
directors by the Minister within 6 weeks
after the proposed corporate plan was
submitted to the Minister.
(5) The board of directors of the Public
Transport Development Authority must—
(a) consult in good faith with the Minister
following communication to the board
of directors of the comments;
(b) make such changes to the plan as are
agreed between the Minister and the
board of directors;
(c) deliver the completed corporate plan to
the Minister within 2 months after the
commencement of the financial year.
(6) The corporate plan, or any part of the
corporate plan, must not be published or
made available except for the purposes of
this Part without the prior approval of the
board of directors of the Public Transport
Development Authority and the Minister.
(7) The corporate plan may be modified at any
time by the board of directors of the Public
Transport Development Authority with the
agreement of the Minister.
(8) If the board of directors of the Public
Transport Development Authority, by
written notice to the Minister, proposes a
modification to the corporate plan, the board
of directors may make the modification
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unless the Minister, by written notice within
14 days, directs the board of directors not to
make the modification.
(9) The Minister may, by written notice, direct
the board of directors of the Public Transport
Development Authority to include in, or omit
from, a statement of corporate intent, a
business plan or a financial statement of a
specified kind, any specified matters.
(10) Before giving a direction under this section,
the Minister must consult with the board of
directors of the Public Transport
Development Authority as to the matters
referred to in the notice.
(11) The board of directors of the Public
Transport Development Authority must
comply with a direction under this section.
(12) At any particular time, the statement of
corporate intent, the business plan or the
financial statements for the Public Transport
Development Authority are the statements
and plan last completed, with any
modifications or deletions made in
accordance with this Division.
79Q Statement of corporate intent
The statement of corporate intent of the
Public Transport Development Authority
must specify for the Public Transport
Development Authority and its subsidiaries
(if any), in respect of the financial year to
which it relates and each of the 2 following
financial years, the following information—
(a) the business objectives of the Public
Transport Development Authority and
of its subsidiaries;
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(b) the main undertakings of the Public
Transport Development Authority and
of its subsidiaries;
(c) the nature and scope of the activities to
be undertaken by the Public Transport
Development Authority and its
subsidiaries;
(d) the accounting policies to be applied in
the accounts;
(e) the performance targets and other
measures by which the performance of
the Public Transport Development
Authority and of its subsidiaries may be
judged in relation to their stated
business objectives;
(f) the kind of information to be provided
to the Minister by the Public Transport
Development Authority during the
course of those financial years;
(g) any other matters as may be agreed on
by the Minister and the board of
directors of the Public Transport
Development Authority.
79R Corporate plan to be followed
(1) Unless subsection (2) applies, the Public
Transport Development Authority must act
only in accordance with its corporate plan.
(2) The Public Transport Development
Authority must obtain the written approval
of the Minister before it can act in any
manner that is contrary to its corporate plan.
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79S Nothing void merely because of noncompliance
Nothing done by the Public Transport
Development Authority is void or
unenforceable merely because the Public
Transport Development Authority has failed
to comply with section 79P, 79Q or 79R.
79T Board of directors to give notice of
significant events
(1) This section applies if the board of directors
of the Public Transport Development
Authority determines that matters have
arisen—
(a) that may prevent, or significantly
affect, the achievement of the business
objectives of the Public Transport
Development Authority and its
subsidiaries (if any) under the corporate
plan; or
(b) that may prevent, or significantly
affect, the achievement of the targets
under the plan.
(2) If this section applies, the board of directors
of the Public Transport Development
Authority must immediately notify the
Minister of its determination and the reasons
for the determination.
Subdivision 4—Financial Provisions
79U Public Transport Development Authority
to prepare budgets
(1) The Public Transport Development
Authority must submit to the Minister before
the date fixed by the Minister an operating
budget and a capital works budget for the
relevant financial year.
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(2) The budgets must be in the form and contain
the matters required by the Minister after
consultation with the Minister administering
Part 7 of the Financial Management Act
1994.
(3) Before the Public Transport Development
Authority submits the proposed budgets to
the Minister, the Public Transport
Development Authority must—
(a) liaise with the Department in preparing
the budgets;
(b) submit drafts of the proposed budgets
to the Department by a date agreed with
the Secretary for consideration by the
Department.
(4) The Minister must—
(a) consider the budgets submitted by the
Public Transport Development
Authority;
(b) as soon as practicable, advise the Public
Transport Development Authority as to
whether the Minister approves the
budgets or approves the budgets subject
to any amendment required by the
Minister.
(5) The Public Transport Development
Authority must operate within the budgets as
approved by the Minister for the Public
Transport Development Authority for the
relevant financial year.
(6) If during the course of a financial year—
(a) a change has occurred in the budgetary
situation of the Public Transport
Development Authority which the
Public Transport Development
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Authority or the Minister considers to
be a significant change; or
(b) the Minister considers that revised
budgets are necessary—
the Public Transport Development Authority
must submit to the Minister, on its own
initiative or at the Minister's direction,
revised budgets for the remainder of the
year.
(7) Before the Public Transport Development
Authority submits the revised budgets to the
Minister, the Public Transport Development
Authority must—
(a) liaise with the Department in preparing
the revised budgets;
(b) submit drafts of the proposed revised
budgets to the Department by a date
agreed with the Secretary for
consideration by the Department.
(8) The Minister must—
(a) consider the revised budgets submitted
under subsection (6);
(b) as soon as practicable, advise the Public
Transport Development Authority as to
whether the Minister approves the
revised budgets or approves the revised
budgets subject to any amendment
required by the Minister.
(9) If revised budgets are approved, the Public
Transport Development Authority must
operate within the revised budgets from the
date that the revised budgets are approved
until the end of the financial year.
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(10) The Public Transport Development
Authority must provide to the Minister
within the time and in the form requested by
the Minister any information which the
Minister may request relating to—
(a) the budgetary position;
(b) the finances and cash position;
(c) the workforce position;
(d) any other factors relevant to the Public
Transport Development Authority's
operations or capital works program—
for the year or for any ensuing year or years.
79V Minister to submit budgets
Before the Minister approves any budgets or
revised budgets, the Minister must—
(a) submit the budgets the Minister
proposes to approve for the Public
Transport Development Authority for
the whole financial year to the Minister
administering Part 7 of the Financial
Management Act 1994 for that
Minister's consideration and approval;
(b) submit to the Minister administering
Part 7 of the Financial Management
Act 1994 any proposed revised budgets
for a portion of a financial year for that
Minister's consideration and approval
together with an estimate of the result
of the budgets for the Public Transport
Development Authority for which a
revised budget is not proposed.
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79VA Funding of deficit
If—
(a) the Treasurer has approved the budgets
for the Public Transport Development
Authority for the whole financial year
as submitted or with any amendment
required by the Minister, the Minister
administering Part 7 of the Financial
Management Act 1994 and the
Treasurer; and
(b) either or both of those budgets include
a deficit—
the Treasurer, the Minister and the Minister
administering Part 7 of that Act must
consider how that deficit is to be funded.
79VB Revised budget
If, during the course of a year, the Minister
has submitted to the Treasurer and the
Minister administering Part 7 of the
Financial Management Act 1994 a
proposed revised budget for the Public
Transport Development Authority for the
remainder of the year, the Minister, the
Minister administering Part 7 of that Act and
the Treasurer must consider that revised
budget and the method of funding any
changes in deficits in the budget of the
Public Transport Development Authority.
79VC Interim budgets
(1) If at the commencement of a financial year
the budget for the Public Transport
Development Authority has not been
approved, the Public Transport Development
Authority must operate within an interim
budget agreed to by the Minister, the
Minister administering Part 7 of the
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Financial Management Act 1994 and the
Treasurer.
(2) Any deficit included in an interim budget
may be funded in whole or in part by any
appropriation available for the purpose.
(3) An interim budget lapses when a final budget
is approved for the Public Transport
Development Authority.
79VD Public Transport Development Authority
to provide budgetary information
If the Minister administering Part 7 of the
Financial Management Act 1994 requests
through the Minister any information relating
to the budgets or budgetary or financial
position of the Public Transport
Development Authority, the Public Transport
Development Authority must as soon as
possible provide that information as far as is
practicable.
79VE General fund
(1) The Public Transport Development
Authority must establish and maintain a
general fund.
(2) The Public Transport Development
Authority, with the approval of the Minister
administering Part 7 of the Financial
Management Act 1994, must—
(a) open and maintain accounts with any
authorised deposit-taking institution or
institutions within the meaning of the
Banking Act 1959 of the
Commonwealth;
(b) maintain at least one of those accounts
to be used for the purposes of its
general fund.
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(3) Subject to subsection (4), the Public
Transport Development Authority must pay
into its general fund all trading revenue,
interest and other money received by or paid
to the Public Transport Development
Authority.
(4) Subject to subsection (5), the Public
Transport Development Authority must pay
into the Public Account—
(a) all money borrowed by the Public
Transport Development Authority
under this Act;
(b) all money resulting from the disposal
by the Public Transport Development
Authority of any real or personal
property, whether or not under an
arrangement by which the Public
Transport Development Authority is to
enter into a lease of the property so
disposed of;
(c) the proceeds of any advances or
financial accommodation obtained by
the Public Transport Development
Authority under section 79VF.
(5) Subsection (4) does not apply if—
(a) the money or proceeds are to be used
for the operating or trading activity of
the Public Transport Development
Authority; or
(b) the Minister administering Part 7 of the
Financial Management Act 1994
otherwise approves.
(6) All payments made by the Public Transport
Development Authority must be made out of
its general fund.
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(7) The Public Transport Development
Authority may invest money in its general
fund in any manner approved by the Minister
administering Part 7 of the Financial
Management Act 1994.
79VF Financial accommodation
(1) The Public Transport Development
Authority may, with the approval of the
Treasurer, obtain financial accommodation
by way of overdraft of account at any
authorised deposit-taking institution within
the meaning of the Banking Act 1959 of the
Commonwealth or other financial institution
in Australia.
(2) The due repayment or satisfaction of any
advances or financial accommodation
obtained under this section and the due
repayment of any interest or other charges
payable in relation thereto is hereby
guaranteed by the Government of Victoria.
(3) Any money required by the Minister
administering Part 7 of the Financial
Management Act 1994 for fulfilling any
guarantee given by this section must be paid
out of the Consolidated Fund which is
hereby to the necessary extent appropriated
accordingly.
(4) Any money received or recovered by the
Minister administering Part 7 of the
Financial Management Act 1994 from the
Public Transport Development Authority or
otherwise in respect of any money paid by
that Minister under subsection (3) must be
paid into the Consolidated Fund.
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79VG Power of Treasurer to execute guarantee
(1) The Treasurer may execute a guarantee in
favour of any person guaranteeing the due
performance of any obligations of the Public
Transport Development Authority under a
contract—
(a) to be entered into by the Public
Transport Development Authority with
that person under this Act; or
(b) with the person to which the Public
Transport Development Authority is
substituted as a party under Part 10; or
(c) to which the person is a party which is
assigned or novated to the Public
Transport Development Authority by
the Director of Public Transport or the
Secretary on behalf of the Crown.
(2) The Treasurer may execute a guarantee in
favour of any person guaranteeing the due
performance of any obligations of any
person to whom the rights and liabilities of
the Public Transport Development Authority
arising under a contract entered into by the
Public Transport Development Authority
with the first-mentioned person under this
Act have been assigned.
(3) If the rights and liabilities of the Public
Transport Development Authority arising
under a contract entered into by the Public
Transport Development Authority with a
person under this Act have been assigned
with the approval of the Treasurer to another
person, the Treasurer may amend any
guarantee given by him or her under this
section in respect of that contract so that it
extends to guaranteeing the due performance
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of any obligations of that other person under
that contract.
(4) Any money required by the Treasurer for
fulfilling any guarantee given by the
Treasurer under this section must be paid out
of the Consolidated Fund which is hereby to
the necessary extent appropriated
accordingly.
(5) Any money received or recovered by the
Treasurer from the Public Transport
Development Authority or otherwise in
respect of any money paid by the Treasurer
under subsection (4) must be paid into the
Consolidated Fund.
(6) If the rights and liabilities arising under a
contract entered into by the Public Transport
Development Authority with a person have
been assigned with the approval of the
Treasurer to another person, the Treasurer
may approve of the assignment to that other
person of any guarantee given by the
Treasurer under this section in respect of that
contract.
Subdivision 5—Performance and Financial
Reporting
79W Performance reports
(1) The requirements in this section are in
addition to any other requirements under this
Act or the Financial Management Act
1994.
(2) The Public Transport Development
Authority must provide a performance report
to the Minister on the performance of the
public transport system.
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(3) The performance report under subsection (2)
must be provided and tabled together with
the annual report prepared under Part 7 of
the Financial Management Act 1994 in
respect of that year.
(4) In addition to subsection (2), the Public
Transport Development Authority must
provide a further report to the Minister on
the performance of the public transport
system—
(a) as at 6 months after the Public
Transport Development Authority is
established; and
(b) as at 18 months after the Public
Transport Development Authority is
established.
(5) The Minister must cause a copy of each
report received by the Minister under
subsection (4) to be laid before each House
of the Parliament within 14 sitting days of
the House of the Parliament after receiving
the report.
79X Financial reports
(1) The requirements in this section are in
addition to any other requirements under this
Act or the Financial Management Act
1994.
(2) The Public Transport Development
Authority must provide a monthly financial
report to the Department to support the
financial reporting obligations imposed on
the Secretary.
(3) A monthly financial report—
(a) must contain the matters required by
the Secretary; and
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(b) may contain any other information
which the Public Transport
Development Authority considers
appropriate.
(4) The Secretary may, if the Secretary considers
it reasonable to do so, request the Public
Transport Development Authority to provide
a financial report to the Department
containing the matters required by the
Secretary at any other time during the year.".
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PART 3—TRANSFER PROVISIONS
4 New Part 10 inserted
After Part 9 of the Transport Integration Act
2010 insert—
"PART 10—TRANSPORT LEGISLATION
AMENDMENT (PUBLIC TRANSPORT
DEVELOPMENT AUTHORITY) ACT 2011
Division 1—Preliminary
240 Purpose of Part
The purpose of this Part is to facilitate the
establishment of the Public Transport
Development Authority.
241 Definitions
(1) In this Part—
allocation statement means an allocation
statement given under section 242, 243,
244, 245, 246 or 247 and includes a
statement that has been amended under
the relevant section;
former relevant transferor instrument
means an instrument (including a
legislative instrument other than this
Act) or an oral agreement subsisting
immediately before the relevant date—
(a) to which the relevant transferor
was a party; or
(b) that was given to, or in favour of,
the relevant transferor; or
(c) that refers to the relevant
transferor; or
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(d) under which—
(i) money is, or may become,
payable to the relevant
transferor; or
(ii) other property is to be, or
may become liable to be,
transferred to or by the
relevant transferor;
former relevant transferor property means
property, rights or liabilities of the
relevant transferor that, under this Part,
have vested in, or become liabilities of,
the relevant transferee;
instrument includes a document and an oral
agreement;
liabilities means all liabilities, duties and
obligations, whether actual, contingent
or prospective;
Metlink means Metlink Victoria Pty Ltd
(ACN 105 274 904);
property means any legal or equitable estate
or interest (whether present or future
and whether vested or contingent) in
real or personal property of any
description;
Public Transport Ticketing Body has the
same meaning as it has in section 2(1)
of the Transport (Compliance and
Miscellaneous) Act 1983;
relevant date, in relation to an allocation
statement or property, rights or
liabilities allocated under such a
statement, means the date fixed by the
Minister under subsection (2) for the
purposes of that statement;
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relevant transferee means—
(a) in respect of an allocation
statement given under section 242,
the Public Transport Development
Authority, the Secretary on behalf
of the Crown, Victorian Rail
Track or V/Line Corporation as
specified in the allocation
statement;
(b) in respect of an allocation
statement given under section 243,
the Public Transport Development
Authority or the Secretary on
behalf of the Crown as specified
in the allocation statement;
(c) in respect of an allocation
statement given under section 244,
the Public Transport Development
Authority;
(d) in respect of an allocation
statement given under section 245,
the Public Transport Development
Authority;
(e) in respect of an allocation
statement given under section 246,
the Public Transport Development
Authority or the Secretary on
behalf of the Crown as specified
in the allocation statement;
(f) in respect of an allocation
statement given under section 247,
the Public Transport Development
Authority;
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relevant transferor means—
(a) in respect of an allocation
statement given under section 242,
the Director of Public Transport
on behalf of the Crown;
(b) in respect of an allocation
statement given under section 243,
the Public Transport Ticketing
Body;
(c) in respect of an allocation
statement given under section 244,
Victorian Rail Track;
(d) in respect of an allocation
statement given under section 245,
V/Line Corporation;
(e) in respect of an allocation
statement given under section 246,
Metlink;
(f) in respect of an allocation
statement given under section 247,
the Secretary on behalf of the
Crown;
rights means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective.
(2) The Minister, by notice published in the
Government Gazette, may fix the relevant
date for the purposes of an allocation
statement.
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Division 2—Transfer of Property, Rights and
Liabilities and Staff
242 Minister may direct transfer of Director
of Public Transport property, rights and
liabilities held on behalf of the Crown
(1) The Minister may give a direction in writing
to the Director of Public Transport directing
the Director of Public Transport on behalf of
the Crown to transfer, in accordance with the
direction, any property, rights and liabilities
of a kind specified in the direction to—
(a) the Public Transport Development
Authority; or
(b) the Secretary on behalf of the Crown;
or
(c) Victorian Rail Track; or
(d) V/Line Corporation.
(2) A direction under subsection (1) may include
directions as to the method of valuation to be
used by the Director of Public Transport for
the purposes of determining the value of
property, rights and liabilities to be
transferred.
(3) Within the time period specified in a
direction under subsection (1), the Director
of Public Transport must give to the Minister
a statement containing the information
required by the Minister relating to the
property, rights and liabilities of the Director
of Public Transport on behalf of the Crown
to which the direction relates, as at the date
specified by the Minister for the purposes of
this section.
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(4) Unless the relevant transferor otherwise
agrees, the time period specified in a
direction under subsection (1) must not be
less than 45 days.
(5) A statement under this section—
(a) must give the value of the property,
rights and liabilities of the Director of
Public Transport on behalf of the
Crown to be transferred; and
(b) must allocate the property, rights and
liabilities of the Director of Public
Transport on behalf of the Crown
shown in the statement in accordance
with the directions of the Minister; and
(c) must be signed by the Director of
Public Transport.
(6) If a statement under this section is approved
by the Minister—
(a) the Minister must sign the statement;
and
(b) the statement is an allocation statement
for the purposes of this Part.
(7) The Minister may at any time direct the
Director of Public Transport to amend a
statement given to him or her under this
section as specified in the direction.
(8) An allocation statement under this section
may be amended by writing signed by the
Minister.
(9) An amendment under subsection (8) to an
allocation statement made after the relevant
date in relation to that statement may be
made with effect from that relevant date if
the Minister is satisfied that the amendment
does not adversely affect any property, rights
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or liabilities of a person other than the
Director of Public Transport on behalf of the
Crown, or as the case may be, the Public
Transport Development Authority, the
Secretary on behalf of the Crown, Victorian
Rail Track or V/Line Corporation in relation
to that statement.
243 Minister may direct transfer of Public
Transport Ticketing Body property,
rights and liabilities
(1) The Minister may give a direction in writing
to the Public Transport Ticketing Body
directing the Public Transport Ticketing
Body to transfer, in accordance with the
direction, any property, rights and liabilities
of a kind specified in the direction to—
(a) the Public Transport Development
Authority; or
(b) the Secretary on behalf of the Crown.
(2) A direction under subsection (1) may include
directions as to the method of valuation to be
used by the Public Transport Ticketing Body
for the purposes of determining the value of
property, rights and liabilities to be
transferred.
(3) Within the time period specified in a
direction under subsection (1), the Public
Transport Ticketing Body must give to the
Minister a statement containing the
information required by the Minister relating
to the property, rights and liabilities of the
Public Transport Ticketing Body to which
the direction relates, as at the date specified
by the Minister for the purposes of this
section.
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(4) Unless the relevant transferor otherwise
agrees, the time period specified in a
direction under subsection (1) must not be
less than 45 days.
(5) A statement under this section—
(a) must give the value of the property,
rights and liabilities of the Public
Transport Ticketing Body to be
transferred; and
(b) must allocate the property, rights and
liabilities of the Public Transport
Ticketing Body shown in the statement
in accordance with the directions of the
Minister; and
(c) must be signed by the chief executive
officer of the Public Transport
Ticketing Body.
(6) If a statement under this section is approved
by the Minister—
(a) the Minister must sign the statement;
and
(b) the statement is an allocation statement
for the purposes of this Part.
(7) The Minister may at any time direct the
Public Transport Ticketing Body to amend a
statement given to him or her under this
section as specified in the direction.
(8) An allocation statement under this section
may be amended by writing signed by the
Minister.
(9) An amendment under subsection (8) to an
allocation statement made after the relevant
date in relation to that statement may be
made with effect from that relevant date if
the Minister is satisfied that the amendment
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does not adversely affect any property, rights
or liabilities of a person other than the Public
Transport Ticketing Body, or as the case
may be, the Public Transport Development
Authority or the Secretary on behalf of the
Crown in relation to that statement.
244 Minister may direct transfer of Victorian
Rail Track property, rights and liabilities
(1) The Minister may give a direction in writing
to Victorian Rail Track directing Victorian
Rail Track to transfer, in accordance with the
direction, any property, rights and liabilities
of a kind specified in the direction to the
Public Transport Development Authority.
(2) A direction under subsection (1) may include
directions as to the method of valuation to be
used by Victorian Rail Track for the
purposes of determining the value of
property, rights and liabilities to be
transferred.
(3) Within the time period specified in a
direction under subsection (1), Victorian Rail
Track must give to the Minister a statement
containing the information required by the
Minister relating to the property, rights and
liabilities of Victorian Rail Track to which
the direction relates, as at the date specified
by the Minister for the purposes of this
section.
(4) Unless Victorian Rail Track otherwise
agrees, the time period specified in a
direction under subsection (1) must not be
less than 45 days.
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(5) A statement under this section—
(a) must give the value of the property,
rights and liabilities of Victorian Rail
Track to be transferred; and
(b) must allocate the property, rights and
liabilities of Victorian Rail Track
shown in the statement in accordance
with the directions of the Minister; and
(c) must be signed by the chief executive
officer of Victorian Rail Track.
(6) If a statement under this section is approved
by the Minister—
(a) the Minister must sign the statement;
and
(b) the statement is an allocation statement
for the purposes of this Part.
(7) The Minister may at any time direct
Victorian Rail Track to amend a statement
given to him or her under this section as
specified in the direction.
(8) An allocation statement under this section
may be amended by writing signed by the
Minister.
(9) An amendment under subsection (8) to an
allocation statement made after the relevant
date in relation to that statement may be
made with effect from that relevant date if
the Minister is satisfied that the amendment
does not adversely affect any property, rights
or liabilities of a person other than Victorian
Rail Track or the Public Transport
Development Authority in relation to that
statement.
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245 Minister may direct transfer of V/Line
Corporation property, rights and
liabilities
(1) The Minister may give a direction in writing
to V/Line Corporation directing V/Line
Corporation to transfer, in accordance with
the direction, any property, rights and
liabilities of a kind specified in the direction
to the Public Transport Development
Authority.
(2) A direction under subsection (1) may include
directions as to the method of valuation to be
used by V/Line Corporation for the purposes
of determining the value of property, rights
and liabilities to be transferred.
(3) Within the time period specified in a
direction under subsection (1), V/Line
Corporation must give to the Minister a
statement containing the information
required by the Minister relating to the
property, rights and liabilities of V/Line
Corporation to which the direction relates, as
at the date specified by the Minister for the
purposes of this section.
(4) Unless V/Line Corporation otherwise agrees,
the time period specified in a direction under
subsection (1) must not be less than 45 days.
(5) A statement under this section—
(a) must give the value of the property,
rights and liabilities of V/Line
Corporation to be transferred; and
(b) must allocate the property, rights and
liabilities of V/Line Corporation shown
in the statement in accordance with the
directions of the Minister; and
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(c) must be signed by the chief executive
officer of V/Line Corporation.
(6) If a statement under this section is approved
by the Minister—
(a) the Minister must sign the statement;
and
(b) the statement is an allocation statement
for the purposes of this Part.
(7) The Minister may at any time direct V/Line
Corporation to amend a statement given to
him or her under this section as specified in
the direction.
(8) An allocation statement under this section
may be amended by writing signed by the
Minister.
(9) An amendment under subsection (8) to an
allocation statement made after the relevant
date in relation to that statement may be
made with effect from that relevant date if
the Minister is satisfied that the amendment
does not adversely affect any property, rights
or liabilities of a person other than V/Line
Corporation or the Public Transport
Development Authority in relation to that
statement.
246 Transfer of Metlink property, rights and
liabilities
(1) If Metlink and the Secretary enter into an
agreement which includes a provision
expressed to be a transfer provision for the
purposes of this section, the Secretary may in
accordance with the agreement give the
Minister a statement approved by the
Minister relating to the transfer of property,
rights and liabilities specified in the
agreement to—
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(a) the Public Transport Development
Authority; or
(b) the Secretary on behalf of the Crown.
(2) A statement under this section—
(a) must allocate the property, rights and
liabilities of Metlink shown in the
statement in accordance with the
agreement; and
(b) must be signed by the Secretary.
(3) If a statement under this section is approved
by the Minister—
(a) the Minister must sign the statement;
and
(b) the statement is an allocation statement
for the purposes of this Part.
(4) An allocation statement under this section
may be amended by writing signed by the
Minister.
(5) An amendment under subsection (4) to an
allocation statement made after the relevant
date in relation to that statement may be
made with effect from that relevant date if
the Minister is satisfied that the amendment
is in accordance with the agreement between
Metlink and the Secretary and does not
adversely affect any property, rights or
liabilities of a person other than Metlink, or
as the case may be, the Public Transport
Development Authority or the Secretary on
behalf of the Crown in relation to that
statement.
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247 Minister may direct transfer of Secretary
property, rights and liabilities held on
behalf of the Crown
(1) The Minister may give a direction in writing
to the Secretary directing the Secretary to
transfer, in accordance with the direction,
any property, rights and liabilities held by
the Secretary on behalf of the Crown of a
kind specified in the direction to the Public
Transport Development Authority.
(2) A direction under subsection (1) may include
directions as to the method of valuation to be
used by the Secretary for the purposes of
determining the value of property, rights and
liabilities to be transferred.
(3) Within the time period specified in a
direction under subsection (1), the Secretary
must give to the Minister a statement
containing the information required by the
Minister relating to the property, rights and
liabilities held by the Secretary on behalf of
the Crown to which the direction relates, as
at the date specified by the Minister for the
purposes of this section.
(4) Unless the Secretary otherwise agrees, the
time period specified in a direction under
subsection (1) must not be less than 45 days.
(5) A statement under this section—
(a) must give the value of the property,
rights and liabilities held by the
Secretary on behalf of the Crown to be
transferred; and
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(b) must allocate the property, rights and
liabilities held by the Secretary on
behalf of the Crown shown in the
statement in accordance with the
directions of the Minister; and
(c) must be signed by the Secretary.
(6) If a statement under this section is approved
by the Minister—
(a) the Minister must sign the statement;
and
(b) the statement is an allocation statement
for the purposes of this Part.
(7) The Minister may at any time direct the
Secretary to amend a statement given to him
or her under this section as specified in the
direction.
(8) An allocation statement under this section
may be amended by writing signed by the
Minister.
(9) An amendment under subsection (8) to an
allocation statement made after the relevant
date in relation to that statement may be
made with effect from that relevant date if
the Minister is satisfied that the amendment
does not adversely affect any property, rights
or liabilities of a person other than the
Secretary on behalf of the Crown or the
Public Transport Development Authority in
relation to that statement.
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248 Property, rights and liabilities allocated in
accordance with direction
On the relevant date—
(a) all property and rights of the relevant
transferor, wherever located, that are
allocated under an allocation statement,
vest in the relevant transferee in
accordance with the statement;
(b) all liabilities of the relevant transferor,
wherever located, that are allocated
under an allocation statement, become
liabilities of the relevant transferee in
accordance with the statement.
249 Allocation of property and rights subject
to encumbrances
Unless an allocation statement otherwise
provides, where, under this Part, property
and rights vest in, or liabilities become
liabilities of, the relevant transferee in
accordance with an allocation statement—
(a) the property and rights so vested are
subject to the encumbrances (if any) to
which they were subject immediately
before so vesting; and
(b) the rights to which the relevant
transferor was entitled in respect of
those liabilities immediately before
they ceased to be liabilities of the
relevant transferor vest in the relevant
transferee.
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250 Certificate of chief executive officer
(1) A certificate signed by the chief executive
officer of the relevant transferor certifying
that property, rights or liabilities of the
relevant transferor specified in the certificate
have been allocated is, unless revoked under
subsection (2), admissible as evidence and,
in the absence of evidence to the contrary is
proof—
(a) that the property, rights or liabilities so
specified are the property, rights and
liabilities to which the allocation
statement applies; and
(b) that the allocation statement is an
allocation statement for the purposes of
this Part.
(2) If the Minister so directs the chief executive
officer of the relevant transferor in writing,
the chief executive officer must revoke a
certificate given under subsection (1) by
issuing another certificate in place of the first
certificate.
(3) The chief executive officer of the relevant
transferor—
(a) must keep a register of certificates
issued under this section; and
(b) must make the register reasonably
available for inspection by the relevant
transferee or other interested person.
(4) If the relevant transferor is the Director of
Public Transport on behalf of the Crown, a
reference in this section to the chief
executive officer of the relevant transferor is
to be construed as a reference to the Director
of Public Transport.
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(5) This section does not apply if the relevant
transferor is Metlink.
251 Certificate of Secretary—Metlink
property, rights or liabilities
(1) A certificate signed by the Secretary
certifying that property, rights or liabilities of
Metlink specified in the certificate have been
allocated is, unless revoked under subsection
(2), admissible as evidence and, in the
absence of evidence to the contrary is
proof—
(a) that the property, rights or liabilities so
specified are the property rights and
liabilities to which the allocation
statement applies; and
(b) that the allocation statement is an
allocation statement for the purposes of
this Part.
(2) If the Minister so directs the Secretary in
writing, the Secretary must revoke a
certificate given under subsection (1) by
issuing another certificate in place of the first
certificate.
(3) The Secretary—
(a) must keep a register of certificates
issued under this section; and
(b) must make the register reasonably
available for inspection by the relevant
transferee or other interested person.
252 Value of allocated property, rights or
liabilities
If the relevant allocation statement gives the
value of property, rights or liabilities of the
relevant transferor that are allocated to the
relevant transferee, the value to the relevant
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transferee of the property, rights or liabilities
is the value so given.
253 Substitution of party to agreement
Where, under an allocation statement, the
rights and liabilities of the relevant transferor
under an agreement are allocated to the
relevant transferee—
(a) the relevant transferee becomes, on the
relevant date, a party to the agreement
in place of the relevant transferor; and
(b) on and after the relevant date, the
agreement has effect as if the relevant
transferee had always been a party to
the agreement.
254 Former relevant transferor instruments
Unless an allocation statement otherwise
provides, each former relevant transferor
instrument relating to former relevant
transferor property continues to have effect
according to its tenor on and after the
relevant date in relation to that property as if
a reference in the instrument to the relevant
transferor were a reference to the relevant
transferee.
255 Proceedings
Unless an allocation statement otherwise
provides, if, immediately before the relevant
date, proceedings relating to former relevant
transferor property (including arbitration
proceedings) to which the relevant transferor
was a party were pending or existing in any
court or tribunal, then, on and after that date,
the relevant transferee is substituted for the
relevant transferor as a party to the
proceedings and has the same rights in the
proceedings as the relevant transferor had.
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256 Interests in land
Without limiting this Part and despite
anything to the contrary in any other Act or
law if, immediately before the relevant date,
the relevant transferor is, in relation to
former relevant transferor property, the
registered proprietor of an interest in land
under the Transfer of Land Act 1958, then
on and after that date—
(a) the relevant transferee is to be taken to
be the registered proprietor of that
interest in land; and
(b) the relevant transferee has the same
rights and remedies in respect of that
interest as the relevant transferor had.
257 Easements
If the relevant transferee acquires any right
in the nature of an easement (whether as a
result of an allocation under this Part or
otherwise), that right must be taken to be an
easement even though there is no land vested
in the relevant transferee which is benefited
or capable of being benefited by that right.
258 Amendment of Register
(1) The Registrar of Titles, on being requested to
do so and on delivery of any relevant
certificate of title or instrument and
certificate of the chief executive officer of
the relevant transferor of former relevant
transferor property, must make any
amendments in the Register that are
necessary because of the operation of this
Part.
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(2) Despite subsection (1), it is not necessary to
produce a certificate of title in the case of a
request for amendment of the Register in
relation to property that is an easement
registered under the Transfer of Land Act
1958.
(3) If the relevant transferor is—
(a) the Director of Public Transport on
behalf of the Crown, the reference in
subsection (1) to the chief executive
officer of the relevant transferor is to be
construed as a reference to the Director
of Public Transport;
(b) if the relevant transferor is Metlink, the
reference in subsection (1) to the chief
executive officer of the relevant
transferor is to be construed as a
reference to the Secretary.
259 Taxes
No stamp duty or other tax is chargeable
under any Act in respect of anything effected
by or done under this Part or in respect of
any act or transaction connected with or
necessary to be done by reason of this Part,
including a transaction entered into or an
instrument made, executed, lodged or given,
for the purpose of, or connected with the
transfer of property, rights or liabilities of the
relevant transferor.
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260 Evidence
(1) Documentary or other evidence that would
have been admissible for or against the
interests of the relevant transferor in relation
to former relevant transferor property if this
Division had not been enacted is admissible
for or against the interests of the relevant
transferee.
(2) The Evidence Act 2008 applies with respect
to the books of account of the relevant
transferor and to entries made in those books
of account before the relevant date, whether
or not they relate to former relevant
transferor property, as if those books of
account and entries were business records.
261 Transfer of employees of Public
Transport Ticketing Body to the Public
Transport Development Authority
(1) This section applies to an employee of the
Public Transport Ticketing Body who is not
employed under Part 3 of the Public
Administration Act 2004.
(2) If as a result of an allocation statement it is
necessary to transfer any employees from the
Public Transport Ticketing Body to the
Public Transport Development Authority, the
chief executive officer of the Public
Transport Ticketing Body must list in
writing the persons who were employed by
the Public Transport Ticketing Body before
the relevant date and who the chief executive
officer of the Public Transport Ticketing
Body determines should be transferred to the
Public Transport Development Authority.
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(3) An employee who is listed under subsection
(2) is transferred under this section and is to
be regarded as—
(a) being employed by the Public
Transport Development Authority with
effect from the relevant date;
(b) having been so employed on the same
terms and conditions as those that
applied to the person immediately
before the relevant date;
(c) having accrued an entitlement to
benefits in connection with that
employment that is equivalent to the
entitlement that the person had accrued
immediately before the relevant date.
(4) The service of an employee transferred under
this section is to be regarded for all purposes
as having been continuous with the service
of the employee immediately before the
relevant date.
(5) An employee transferred under this section is
not entitled to receive any payment or other
benefit by reason only of having ceased to be
employed by the Public Transport Ticketing
Body because of the operation of this Part.
(6) A certificate purporting to be signed by the
Secretary certifying that a person named in
the certificate was, with effect from the
relevant date, employed by virtue of this
section by the Public Transport Development
Authority, is admissible in evidence in any
proceedings as evidence of the matters stated
in it.
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(7) The superannuation entitlements of any
person who is transferred under this section
are to be taken not to be affected by that
person being transferred.
(8) Nothing in this section prevents—
(a) any of the terms and conditions of
employment of a person transferred
under this section from being altered by
or under any law, award or agreement
with effect from any time after the
relevant date; or
(b) a person transferred under this section
from resigning or being dismissed at
any time after the relevant date in
accordance with the then existing terms
and conditions of his or her
employment with the Public Transport
Development Authority.
262 Transfer of employees of Metlink to the
Public Transport Development Authority
(1) This section applies to an employee of
Metlink who accepts an offer of employment
made by the Public Transport Development
Authority.
(2) If as a result of an allocation statement it is
necessary to transfer any employees from
Metlink to the Public Transport
Development Authority, the chief executive
officer of Metlink must list in writing the
persons who were employed by Metlink
before the relevant date and who the chief
executive officer of Metlink determines have
accepted an offer of employment made by
the Public Transport Development Authority
and should be transferred to the Public
Transport Development Authority.
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(3) An employee who is listed under subsection
(2) is transferred under this section and is to
be regarded as—
(a) being employed by the Public
Transport Development Authority with
effect from the relevant date;
(b) having been so employed on the same
terms and conditions as those that
applied to the person immediately
before the relevant date;
(c) having accrued an entitlement to
benefits in connection with that
employment that is equivalent to the
entitlement that the person had accrued
immediately before the relevant date.
(4) The service of an employee transferred under
this section is to be regarded for all purposes
as having been continuous with the service
of the employee immediately before the
relevant date.
(5) An employee transferred under this section is
not entitled to receive any payment or other
benefit by reason only of having ceased to be
employed by Metlink because of the
operation of this Part.
(6) A certificate purporting to be signed by the
Secretary certifying that a person named in
the certificate was, with effect from the
relevant date, employed by virtue of this
section by the Public Transport Development
Authority, is admissible in evidence in any
proceedings as evidence of the matters stated
in it.
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(7) The superannuation entitlements of any
person who is transferred under this section
are to be taken not to be affected by that
person being transferred.
(8) Nothing in this section prevents—
(a) any of the terms and conditions of
employment of a person transferred
under this section from being altered by
or under any law, award or agreement
with effect from any time after the
relevant date; or
(b) a person transferred under this section
from resigning or being dismissed at
any time after the relevant date in
accordance with the then existing terms
and conditions of his or her
employment with the Public Transport
Development Authority.
263 Validity of things done under this Part
(1) Nothing effected or to be effected by this
Part or done or suffered under this Part—
(a) is to be regarded as placing any person
in breach of contract or confidence or
as otherwise making any person guilty
of a civil wrong; or
(b) is to be regarded as placing any person
in breach of, or as constituting a default
under, any Act or other law or
obligation or any provision in any
agreement, arrangement or
understanding including, but not
limited to, any provision or obligation
prohibiting, restricting or regulating the
assignment, transfer, sale or disposal of
any property or the disclosure of any
information; or
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(c) is to be regarded as fulfilling any
condition that allows a person to
exercise a power, right or remedy in
respect of or to terminate any
agreement or obligation; or
(d) is to be regarded as giving rise to any
remedy for a party to a contract or an
instrument or as causing or permitting
the termination of any contract or
instrument because of a change in the
beneficial or legal ownership of any
asset, right or liability; or
(e) is to be regarded as causing any
contract or instrument to be void or
otherwise unenforceable; or
(f) is to be regarded as frustrating any
contract; or
(g) releases any surety or other obligor
wholly or in part from any obligation.
(2) In this section Act does not include the
Charter of Human Rights and
Responsibilities Act 2006.
__________________".
__________________
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Part 4—Related and Consequential Amendments
PART 4—RELATED AND CONSEQUENTIAL AMENDMENTS
Division 1—Transport Integration Act 2010
5 Consequential amendments
(1) In section 3 of the Transport Integration Act
2010—
(a) in the definition of passenger services,
paragraph (b) is repealed;
(b) insert the following definition—
"Public Transport Development Authority
means the body corporate established
under section 79A;";
(c) in the definition of rail safety
recommendation, after "Director of Public
Transport" (where twice occurring) insert
"or the Public Transport Development
Authority";
(d) in the definition of transport body, after
paragraph (i) insert—
"(ia) the Public Transport Development
Authority;";
(e) in the definition of transport-related land,
infrastructure and assets after "Director of
Public Transport" (where twice occurring)
insert "or the Public Transport Development
Authority";
(f) in the definition of transport services, after
paragraph (c) insert—
"(ca) commercial passenger vehicle
services;";
(g) in the definition of transport system agency,
after paragraph (a) insert—
"(ab) the Public Transport Development
Authority; or".
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(2) After section 27A(1) of the Transport
Integration Act 2010 insert—
'(1A) This section applies to the Public Transport
Development Authority as a transport system
agency as if in subsection (4) for "1 July
2011" there were substituted "1 July 2012".'.
(3) After section 34(2) of the Transport Integration
Act 2010 insert—
"(2A) Without limiting the generality of subsection
(1), the Secretary on behalf of the Crown
may enter into—
(a) agreements relating to the allocation of
revenue derived from the provision by
any person or body of any transport
services;
(b) a contract with any person or body for
the provision of any transport services
by that person or body.".
(4) In sections 86(2)(e), 94(1)(b), 120(1)(a),
125(1)(c), 125(1)(d) and 153(1) of the Transport
Integration Act 2010 for "Director of Public
Transport" substitute "Public Transport
Development Authority".
(5) In section 132(1)(e) of the Transport Integration
Act 2010 for "Director of Public Transport in
accordance with sections 67 and 68" substitute
"Public Transport Development Authority in
accordance with sections 79AE and 79AF".
(6) In section 132(1)(g) of the Transport Integration
Act 2010 for "Director of Public Transport"
(where twice occurring) substitute "Public
Transport Development Authority".
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6 Amendment of section 33—Functions of the
Department
In section 33(2) of the Transport Integration
Act 2010—
(a) for paragraph (c) substitute—
"(c) lead in the improvement of the
transport system, including in the
procurement, development,
construction and commissioning of new
transport infrastructure and services;
(ca) establish a medium and long term
planning framework for all forms of
transport for the delivery of an
integrated transport system;
(cb) provide independent advice to the
Minister in relation to proposals and
initiatives of other transport bodies;";
(b) after paragraph (d) insert—
"(da) seek to ensure, in collaboration with the
Public Transport Development
Authority, the Roads Corporation and
Municipal Councils, that access to road
and rail is balanced in a manner which
is consistent with Government policies
and strategies for public transport and
freight;";
(c) after paragraph (k) insert—
"(ka) seek to represent transport interests in
liaising with other Victorian,
Commonwealth and other jurisdiction's
Departments and agencies, including in
relation to regulatory reform and
funding;
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(kb) support the Secretary in carrying out
any enforcement functions conferred on
the Secretary by any other Act or any
regulations under any other Act;".
7 New section 37A inserted—Contingency planning
for exercise of certain powers
After section 37 of the Transport Integration
Act 2010 insert—
"37A Contingency planning for exercise of
certain powers
The Secretary must develop and maintain a
contingency plan for the possible
performance by the Department of the
functions under sections 33(2)(c) and
33(2)(g).".
8 Section 63 substituted
For section 63 of the Transport Integration Act
2010 substitute—
"63 Transport plan
(1) The Department must prepare and
periodically revise a transport plan for the
Minister.
(2) The transport plan must—
(a) set the planning framework within
which transport bodies are to operate;
(b) set out the strategic policy context for
transport;
(c) include medium to long term strategic
directions, priorities and actions;
(d) be prepared having regard to the vision
statement, transport system objectives
and decision making principles;
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(e) be prepared having regard to national
transport and infrastructure priorities;
(f) demonstrate an integrated approach to
transport and land use planning;
(g) identify the challenges that the
transport plan seeks to address;
(h) include a short term action plan that is
regularly updated.
(3) The Minister may direct the Department to
prepare a revision of the transport plan.
(4) The Minister may publish the transport
plan.".
9 New section 69A inserted—Withdrawal of certain
functions and powers from the Director of Public
Transport
After section 69 of the Transport Integration
Act 2010 insert—
"69A Withdrawal of certain functions and
powers from the Director of Public
Transport
(1) If the Public Transport Development
Authority or the Secretary is given a function
or power and, but for this section, the
Director of Public Transport would also have
that function or power, the Director of Public
Transport does not have that function or
power and any power or duty that the
Director of Public Transport has in
connection with, or as incidental to, the
performance of that function or power is
withdrawn accordingly.
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(2) Subject to subsection (3), subsection (1)
applies despite anything to the contrary in
this or any other Act and where the Public
Transport Development Authority or the
Secretary or the Secretary on behalf of the
Crown—
(a) is given the function or power under an
amendment to an Act by a provision of
the Transport Legislation
Amendment (Public Transport
Development Authority) Act 2011; or
(b) is given the function or power under a
contract rights and liabilities under
which have been assigned to the Public
Transport Development Authority or
the Secretary or the Secretary on behalf
of the Crown; or
(c) is given the function or power by virtue
of, or in connection with, a transfer of
property, rights or liabilities to the
Public Transport Development
Authority or the Secretary or the
Secretary on behalf of the Crown under
Part 10.
(3) This section is to be construed subject to any
specific provision made in respect of the
application of this section in regulations
made under section 203B.".
10 Amendment of section 87—Functions of the Roads
Corporation
(1) In section 87(1) of the Transport Integration
Act 2010—
(a) in paragraph (c) after "system" (where
secondly occurrng) insert ", including by the
development of feasibility studies under the
Department's planning framework";
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(b) in paragraph (e) for "consistent with the
strategic policies and plans of the
Department" substitute "under the
Department's planning framework";
(c) in paragraph (k) for "consistent with the
strategic policy of the Department"
substitute "under the Department's planning
framework".
(2) In section 87(2) of the Transport Integration
Act 2010—
(a) in paragraph (a) before "engage" insert
"where relevant,";
(b) in paragraph (b) for "the functions"
substitute "those functions";
(c) in paragraph (b) after "of the Roads
Corporation" insert "including information
in relation to the performance and operation
of the road systems in comparable
jurisdictions for the purpose of
benchmarking".
11 New section 109A inserted—Financial reports
After section 109 of the Transport Integration
Act 2010 insert—
"109A Financial reports
(1) The requirements in this section are in
addition to any other requirements under this
Act or the Financial Management Act
1994.
(2) The Roads Corporation must provide a
monthly financial report to the Department
to support the financial reporting obligations
imposed on the Secretary.
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(3) A monthly financial report—
(a) must contain the matters required by
the Secretary; and
(b) may contain any other information
which the Roads Corporation considers
appropriate.
(4) The Secretary may, if the Secretary considers
it reasonable to do so, request the Roads
Corporation to provide a financial report to
the Department containing the matters
required by the Secretary at any other time
during the year.".
12 Amendment of section 110—Corporate Plan
In section 110(4) of the Transport Integration
Act 2010 for "2 months" substitute "6 weeks".
13 Amendment of section 120—Functions of Victorian
Rail Track
In section 120(2) of the Transport Integration
Act 2010—
(a) in paragraph (a) before "engage" insert
"where relevant,";
(b) in paragraph (b) for "the functions"
substitute "those functions".
14 Repeal of section 127
Section 127 of the Transport Integration Act
2010 is repealed.
15 Amendment of section 132—Functions of V/Line
Corporation
(1) In section 132(1)(h) of the Transport Integration
Act 2010 for "consistent with the strategic policy
of the Department" substitute "under the
Department's planning framework".
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(2) In section 132(2) of the Transport Integration
Act 2010—
(a) in paragraph (a) before "engage" insert
"where relevant,";
(b) in paragraph (b) for "the functions"
substitute "those functions".
16 Amendment of section 138—Functions of the
Linking Melbourne Authority
In section 138(2) of the Transport Integration
Act 2010—
(a) in paragraph (a) before "engage" insert
"where relevant,";
(b) in paragraph (b) for "the functions"
substitute "those functions".
17 Amendment of section 141E—Functions of the Port
of Melbourne Corporation
In section 141E(2)(b) of the Transport
Integration Act 2010, in subparagraph (iii), for
"the functions" substitute "those functions".
18 Amendment of section 141M—Functions of the
Victorian Regional Channels Authority
In section 141M(2) of the Transport Integration
Act 2010, in paragraph (b), for "the functions"
substitute "those functions".
19 Amendment of section 165—Corporate Plan
In section 165(4) of the Transport Integration
Act 2010 for "2 months" substitute "6 weeks".
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20 New section 203A and 203B inserted
After section 203 of the Transport Integration
Act 2010 insert—
"203A Saving and transitionals—Transport
Legislation Amendment (Public
Transport Development Authority) Act
2011
(1) Except as in this Act or in regulations made
under section 203B expressly or by
necessary implication provided, all persons,
things and circumstances appointed or
created by or under an Act amended by a
provision of the Transport Legislation
Amendment (Public Transport
Development Authority) Act 2011 or
existing or continuing under that Act
immediately before the commencement of
that provision continue under and subject to
this Act to have the same status, operation
and effect as they respectively would have
had if that Act had not been amended by that
provision.
(2) If as a result of an amendment of an Act
made by a provision of the Transport
Legislation Amendment (Public
Transport Development Authority) Act
2011—
(a) a duty, function or power of a person or
a person on behalf of the Crown is
transferred to another person or another
person on behalf of the Crown; and
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Part 4—Related and Consequential Amendments
(b) that duty, function or power relates to
an act, matter or thing of a continuing
nature—
that act, matter or thing continues to have
effect as if that duty, function or power had
always been performed or exercised by the
person or person on behalf of the Crown to
whom the duty, function or power is
transferred.
(3) Nothing in this section limits or otherwise
affects the operation of the Interpretation of
Legislation Act 1984.
203B Transitional regulations—Transport
Legislation Amendment (Public
Transport Development Authority) Act
2011
(1) The Governor in Council may make
regulations containing provisions of a
savings or transitional nature consequent on
the enactment of the Transport Legislation
Amendment (Public Transport
Development Authority) Act 2011.
(2) A provision mentioned in subsection (1) may
be retrospective in operation to the
commencement of section 5 of the
Transport Legislation Amendment
(Public Transport Development
Authority) Act 2011.
(3) Regulations made under this section have
effect despite anything to the contrary in any
Act (other than this Act or the Charter of
Human Rights and Responsibilities Act
2006) or in any subordinate instrument.
(4) This section expires on 30 June 2014.".
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s. 21
Division 2—Specified Acts
21 Amendment of Rail Management Act 1996
After Division 1 of Part 4 of the Rail
Management Act 1996 insert—
"Division 1A—Powers of the Secretary and the
Public Transport Development Authority
67A Clearance of trees or wood
(1) This section applies if any tree or wood in
the vicinity of a railway track operated or
maintained by the Secretary on behalf of the
Crown or the Public Transport Development
Authority poses a risk to the safety of anyone
on, or using, the railway track.
Examples
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 that
restricts the view of the track of anyone entering
the curve;
(c) a tree whose roots are underneath the track.
(2) The Secretary or the Public Transport
Development Authority may by written
notice require the owner or occupier of any
land on which the tree or wood is situated to
fell and remove the tree or wood.
(3) Notice under subsection (2) may be served
on an owner or occupier—
(a) personally; or
(b) by sending it by post to the owner or
occupier at that person's usual or last
known residential or business address;
or
93
See:
Act No.
79/1996.
Reprint No. 5
as at
1 July 2010
and
amending
Act No.
29/2011.
LawToday:
www.
legislation.
vic.gov.au
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
s. 21
Part 4—Related and Consequential Amendments
(c) by leaving it at the usual or last known
residential or business address of the
owner or occupier with a person on the
premises who is apparently at least
16 years old and apparently residing or
employed there; or
(d) in a manner prescribed by any other
Act or law for service on a person or
class of person of the same type as the
owner or occupier; or
(e) if the identity or address of the owner
or occupier is not known—
(i) by displaying it on the land; and
(ii) by publishing a copy of it and a
description of the land in a
newspaper circulating generally in
Victoria.
(4) If the owner or occupier of the land does not
comply with the notice within the time
specified in the notice, the Secretary or the
Public Transport Development Authority
may—
(a) enter the land at any reasonable time
and carry out the work specified in the
notice; and
(b) recover on behalf of the Crown the cost
of carrying out the work from the
owner or occupier as a debt.
(5) Any person acting under subsection (2) or
(4) may fell or remove any tree or wood that
is the subject of a notice under subsection (2)
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.
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67B No obligation to fence
(1) Despite any Act or rule of law to the
contrary, the Secretary, the Public Transport
Development Authority and the Crown are
not—
(a) required to fence or contribute to the
fencing of any portion of a railway or
tramway;
(b) liable for any damage that may be
caused by reason of any railway or
tramway not being fenced in or fenced
off.
(2) The Secretary on behalf of the Crown or the
Public Transport Development Authority
may, but are not obliged to, erect and
maintain such fences in connection with a
railway or tramway as the Secretary on
behalf of the Crown or the Public Transport
Development Authority thinks proper.
67C Power to open and break up roads and
divert traffic
Subject to the Road Management Act 2004,
the Secretary on behalf of the Crown or the
Public Transport Development Authority
may—
(a) open and break up, and divert traffic
from, any public road within the
meaning of the Road Management
Act 2004 on or adjacent to which there
is rail infrastructure or tram
infrastructure that is operated or
maintained by the Secretary on behalf
of the Crown or the Public Transport
Development Authority; and
(b) take possession of, and use, the whole
or any portion of that public road.
95
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67D Power to install stopping places and
associated facilities
Subject to the Road Management Act 2004,
the Secretary on behalf of the Crown or the
Public Transport Development Authority
may install, remove or re-locate stopping
places and associated facilities for passenger
services on any public road within the
meaning of the Road Management Act
2004 on or adjacent to which there is tram
infrastructure that is operated or maintained
by the Secretary on behalf of the Crown or
the Public Transport Development Authority.
67E Level crossings
Despite anything to the contrary in any other
Act or law—
(a) the Secretary on behalf of the Crown or
the Public Transport Development
Authority may use level crossings
connecting parts of the rail
infrastructure or tram infrastructure that
is operated or maintained by the
Secretary on behalf of the Crown or the
Public Transport Development
Authority;
(b) the Secretary on behalf of the Crown or
the Public Transport Development
Authority may close the level crossing
to road traffic while the railway track or
tramway track is in use.
67F Tram infrastructure
(1) Despite anything to the contrary in any other
Act or law, the Secretary on behalf of the
Crown or the Public Transport Development
Authority may use tram infrastructure that is
operated or maintained by the Secretary on
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behalf of the Crown or the Public Transport
Development Authority.
(2) Nothing in this section is to be taken as
limiting any other power of—
(a) the Secretary, including the Secretary's
powers under section 34(2A) of the
Transport Integration Act 2010; or
(b) the Public Transport Development
Authority, including the Public
Transport Development Authority's
powers under section 79AE(1)(i) of the
Transport Integration Act 2010.
67G Overhead power supply
Subject to the Road Management Act 2004,
the Secretary on behalf of the Crown or the
Public Transport Development Authority
may install, remove or relocate rail
infrastructure or tram infrastructure
consisting of structures comprising or
supporting overhead electrical power supply
systems situated on or over, or partly on or
over, property of the Roads Corporation or
the municipal council.
67H Power to stop traffic
Subject to the Road Management Act 2004,
the Secretary or the Public Transport
Development Authority, subject to the
agreement, lease or licence relating to, or
connected with, the provision of a service or
to a lease of rail infrastructure or tram
infrastructure (being an agreement, lease or
licence between the Secretary on behalf of
the Crown and Rail Track or the Public
Transport Development Authority and Rail
Track)—
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(a) may stop traffic in circumstances where
it is reasonably necessary to do so; or
(b) in an emergency, may stop traffic.
67I Exercise of powers
(1) In exercising a power under section 67A,
67C, 67D, 67E, 67F(1), 67G or 67H, the
Secretary must act reasonably under the
direction of the Minister.
(2) A power of the Secretary under a section
referred to in subsection (1) may be
exercised by—
(a) the Secretary personally; or
(b) any other person who is authorised in
writing by the Secretary; or
(c) any officer or employee of a person
referred to in paragraph (b).
(3) In exercising a power under section 67A,
67C, 67D, 67E, 67F(1), 67G or 67H, the
Public Transport Development Authority
must act reasonably under the direction of
the Minister.
(4) A power of the Public Transport
Development Authority under a section
referred to in subsection (3) may be
exercised by—
(a) any person who is authorised in writing
by the Public Transport Development
Authority; or
(b) any officer or employee of a person
referred to in paragraph (a).
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s. 22
(5) Despite anything to the contrary in this
Division, where a power is conferred on both
the Secretary and the Public Transport
Development Authority, the Minister may
direct that in a particular case the power is to
be exercised only by the Secretary or the
Public Transport Development Authority as
specified in the direction.".
22 Amendment of Rail Safety Act 2006
After section 35 of the Rail Safety Act 2006
insert—
"35A Public Transport Development Authority
is exempt
The Public Transport Development
Authority is exempt from the requirement to
be accredited under this Part.
35B Secretary to the Department of Transport
is exempt
The Secretary to the Department of
Transport is exempt from the requirement to
be accredited under this Part.".
23 Amendment of Transport (Compliance and
Miscellaneous) Act 1983
(1) Sections 4A and 5 of the Transport (Compliance
and Miscellaneous) Act 1983 are repealed.
(2) Subdivision 2 of Division 1 of Part II of the
Transport (Compliance and Miscellaneous) Act
1983 is repealed.
(3) In section 11(2)(a), (2)(b) and (3)(a) of the
Transport (Compliance and Miscellaneous) Act
1983 after "Crown" insert "or the Public
Transport Development Authority".
99
See:
Act No.
9/2006.
Reprint No. 1
as at
21 August
2008
and
amending
Act Nos
69/2007,
77/2008,
13/2009,
26/2009,
68/2009,
69/2009,
74/2009,
6/2010,
13/2010 and
19/2010.
LawToday:
www.
legislation.
vic.gov.au
See:
Act No.
9921.
Reprint No. 16
as at
7 September
2011
and
amending
Act Nos
79/2010,
34/2011 and
43/2011.
LawToday:
www.
legislation.
vic.gov.au
Transport Legislation Amendment (Public Transport Development
Authority) Act 2011
No. 61 of 2011
s. 24
Part 4—Related and Consequential Amendments
(4) In section 11(2)(b) of the Transport
(Compliance and Miscellaneous) Act 1983 for
"section 4A(1)" substitute "sections 34(2A)(a)
and 79AF(2)(e) of the Transport Integration Act
2010".
(5) In the headings to sections 169 and 169Y of the
Transport (Compliance and Miscellaneous) Act
1983 for "Director" substitute "licensing
authority".
24 Amendment of section 220D of the Transport
(Compliance and Miscellaneous) Act 1983
(1) After section 220D(1A) of the Transport
(Compliance and Miscellaneous) Act 1983
insert—
"(1B) Before the Secretary determines any
conditions under subsection (1), the
Secretary must consult with the Public
Transport Development Authority in respect
of the proposed conditions, including on the
structure and level of fares.".
(2) In section 220D(4) of the Transport
(Compliance and Miscellaneous) Act 1983 for
"If" substitute "Subject to subsection (4A), if".
(3) After section 220D(4) of the Transport
(Compliance and Miscellaneous) Act 1983
insert—
"(4A) If there is an inconsistency between a
condition that has been determined under
subsection (1) and any regulations made
under section 221AA, the regulations prevail
to the extent of the inconsistency.".
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25 Consequential amendments to specified Acts
An Act specified in the heading to an item in
Schedule 1 or 2 is amended, on the
commencement of that item or a provision of that
item, as set out in that item or provision.
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s. 26
Part 5—Abolition or Dissolution of Transport Bodies
PART 5—ABOLITION OR DISSOLUTION OF TRANSPORT
BODIES
26 Abolition of Director of Public Transport
(1) In section 3 of the Transport Integration Act
2010—
(a) the definition of Director of Public
Transport is repealed;
(b) in the definition of rail safety
recommendation omit "the Director of
Public Transport or" (where twice
occurring);
(c) paragraph (g) of the definition of transport
body is repealed;
(d) in the definition of transport-related land,
infrastructure and assets omit "Director of
Public Transport or" (where twice
occurring);
(e) paragraph (a) of the definition of transport
system agency is repealed.
(2) Division 1 of Part 5 of the Transport Integration
Act 2010 is repealed.
(3) After section 203A(1) of the Transport
Integration Act 2010 insert—
"(1A) Subject to subsection (1B), on and after the
commencement of section 26 of the
Transport Legislation Amendment
(Public Transport Development
Authority) Act 2011 any reference in any
Act (other than this Act), regulation,
subordinate instrument or other document
whatsoever to the Director of Public
Transport or to the Director of Public
Transport on behalf of the Crown is to be
construed as a reference to the Public
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Transport Development Authority unless the
contrary intention appears.
(1B) Subsection (1A) is to be construed subject to
any specific provision made in respect of the
application of subsection (1A) in an
allocation statement under Part 10 or
regulations made under section 203B.".
27 New Division 3 inserted in Part 10 of the Transport
Integration Act 2010
After Division 2 of Part 10 of the Transport
Integration Act 2010 insert—
"Division 3—Administrator of the Public
Transport Ticketing Body
264 Provisions to prevail
This Division applies despite anything to the
contrary in the State Owned Enterprises
Act 1992 or any other Act making any
provision in respect of the Public Transport
Ticketing Body.
265 The Administrator
(1) There shall be an Administrator of the Public
Transport Ticketing Body.
(2) The Administrator is to be appointed by the
Minister.
(3) The term of the office of the Administrator is
the term (not exceeding 2 years) specified in
the instrument of appointment.
(4) The Administrator is appointed on the terms
and conditions (including remuneration and
allowances) that are specified in the
instrument of appointment.
(5) Subject to this Division, the Administrator is
eligible for re-appointment.
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(6) The Public Administration Act 2004 does
not apply to the Administrator.
266 Vacancy, resignation or removal from
office
(1) The office of the Administrator becomes
vacant if the Administrator—
(a) becomes bankrupt, applies to take the
benefit of any law for the relief of
bankrupt or insolvent debtors,
compounds with his or her creditors or
makes an assignment of his or her
remuneration for their benefit; or
(b) is convicted of an indictable offence or
an offence that, if committed in
Victoria, would be an indictable
offence.
(2) The Administrator may resign by notice in
writing delivered to the Minister.
(3) The Minister may remove the Administrator
from office.
267 Functions and powers
(1) The Administrator has the functions and
powers conferred on the Administrator under
this or any other Act.
(2) Without limiting the generality of subsection
(1), the Administrator has the function of
procuring the orderly winding up of the
affairs of the Public Transport Ticketing
Body.
(3) The Administrator has the power to do all
things necessary or convenient to be done for
or in connection with or incidental to the
performance of the Administrator's
functions.
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268 Staff
(1) The Administrator may engage any officers
and employees that are necessary for the
performance of the Administrator's
functions.
(2) The Administrator may determine the terms
and conditions of appointment of officers
and employees under this section.
269 Delegation
The Administrator by instrument may
delegate to any person approved by the
Minister any function or power of the
Administrator, other than this power of
delegation.
270 Directions
(1) The Minister may by notice in writing give
directions to the Administrator.
(2) The Administrator must comply with a
direction given under this section.
(3) An act or decision of the Administrator is not
invalid merely because of a failure to comply
with a direction given under this section.
(4) The Administrator must keep a copy of each
direction given under this section available
for inspection at the office of the
Administrator during business hours, other
than any direction, or part of a direction, that
the Minister has declared to be confidential.
(5) The Administrator must include in the
annual report of the Public Transport
Ticketing Body under Part 7 of the
Financial Management Act 1994 a brief
summary, in a form approved by the
Minister, of each direction given under this
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section together with a statement of the
Administrator's response to the direction.
271 Effect of appointment of Administrator
(1) On and from the appointment of the
Administrator under section 265—
(a) the Board of Directors of the Public
Transport Ticketing Body go out of
office;
(b) the Chief Executive Officer of the
Public Transport Ticketing Body goes
out of office;
(c) any reference to the Board of Directors
or the Chief Executive Officer of the
Public Transport Ticketing Body in any
Act (other than in this section),
regulation, subordinate instrument or
other document whatsoever so far as it
relates to any period after that
appointment is to be construed as a
reference to the Administrator unless
the contrary intention appears.
(2) On and from the appointment of the
Administrator under section 265, the State
Owned Enterprises (State Body—Public
Transport Ticketing Body) Order 2003 is to
be construed subject to this Division.
(3) This section is to be construed subject to any
specific provision made in respect of the
application of this section in regulations
made under section 203B.".
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28 New Division 4 inserted in Part 10 of the Transport
Integration Act 2010
After Division 3 of Part 10 of the Transport
Integration Act 2010 insert—
"Division 4—Dissolution of the Public
Transport Ticketing Body
272 Dissolution of the Public Transport
Ticketing Body
(1) The Public Transport Ticketing Body is
wound up and dissolved.
(2) The State Owned Enterprises (State Body—
Public Transport Ticketing Body) Order
2003 is revoked by virtue of this section.
(3) Subject to subsection (4), on and after the
commencement of section 28 of the
Transport Legislation Amendment
(Public Transport Development
Authority) Act 2011 any reference in any
Act (other than this Act), regulation,
subordinate instrument or other document
whatsoever to the Public Transport Ticketing
Body is to be construed as a reference to the
Public Transport Development Authority
unless the contrary intention appears.
(4) Subsection (3) is to be construed subject to
any specific provision made in respect of the
application of subsection (3) in an allocation
statement under Part 10 or regulations made
under section 203B.".
107
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s. 29
Part 5—Abolition or Dissolution of Transport Bodies
29 Consequential amendments—Transport
(Compliance and Miscellaneous) Act 1983
(1) In section 2(1) of the Transport (Compliance
and Miscellaneous) Act 1983—
(a) in the definition of entitlement to use a
public transport service for "Public
Transport Ticketing Body" substitute
"Public Transport Development Authority";
(b) the definition of Public Transport Ticketing
Body is repealed.
(2) In sections 222B, 230(7), 230AD and 230AF(7) of
the Transport (Compliance and Miscellaneous)
Act 1983 for "Public Transport Ticketing Body"
(wherever occurring) substitute "Public Transport
Development Authority".
(3) In sections 230(7), 230AD and 230AF(7) of the
Transport (Compliance and Miscellaneous) Act
1983 for "that Body" substitute "the Public
Transport Development Authority".
30 Consequential amendment—Transport Integration
Act 2010
In section 3 of the Transport Integration Act
2010, paragraph (m) of the definition of transport
body is repealed.
31 Repeal of amending Act
This Act is repealed on 30 June 2014.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by this Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Sch. 1
SCHEDULES
SCHEDULE 1
REFERENCES TO THE DIRECTOR OF PUBLIC
TRANSPORT CHANGED TO PUBLIC TRANSPORT
DEVELOPMENT AUTHORITY
1 Bus Services Act 1995
1.1 In section 3(1)—
(a) insert the following definition—
"Public Transport Development Authority
means the Public Transport
Development Authority established
under section 79A of the Transport
Integration Act 2010;";
(b) in the definition of working day for
"Director" (where twice occurring)
substitute "Public Transport Development
Authority".
1.2 In the heading to section 4A for "Director"
substitute "Public Transport Development
Authority".
1.3 In sections 4A, 26(3), 26(4), 26(4A), 26(5),
27(3)(f), 27(5), 30, 30C, 30D, 30E, 30F(1),
30G(1), 30H, 30I, 30J, 30K, 30M(2), 30N(1)(a),
30N(3) and 30U, for "Director" (wherever
occurring) substitute "Public Transport
Development Authority".
1.4 For section 26(2) substitute—
"(2) The Public Transport Development
Authority may enter into a service contract
with an accredited person.".
1.5 In section 26(4) for "him or her" substitute "the
Public Transport Development Authority".
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1.6 In section 26(5) for "section 68(2)" substitute
"section 79AG(2)".
1.7 In section 30C(b) for "Director's" substitute
"Public Transport Development Authority's".
1.8 In section 30L—
(a) in the definition of former property for
"State" substitute "Public Transport
Development Authority";
(b) for the definition of related contract
substitute—
"related contract means a contract between
the holder of the primary contract, or an
associated operator, and the Public
Transport Development Authority in
accordance with the primary contract,
and if such contract is amended, that
contract as amended;";
(c) in the definition of related deed for
paragraph (b) substitute—
"(b) between the holder of the primary
contract, or an associated operator, and
the Public Transport Development
Authority in accordance with the
primary contract—".
1.9 In sections 30M(1)(a) and 30O(1)(a) for "State"
substitute "Public Transport Development
Authority".
1.10 In section 30N(1)(b) for "Director" substitute
"chief executive officer of the Public Transport
Development Authority".
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1.11 In section 30Q—
(a) in the heading for "of Director" substitute
"signed by the Chief Executive Officer of
the Public Transport Development
Authority";
(b) in subsection (1) for "Director" substitute
"Chief Executive Officer of the Public
Transport Development Authority";
(c) in subsection (2) for "Director" (where first
occurring) substitute "Public Transport
Development Authority";
(d) in subsection (2) for "Director" (where
secondly occurring) substitute "Chief
Executive Officer of the Public Transport
Development Authority";
(e) in subsection (3) for "Director" substitute
"Public Transport Development Authority".
1.12 In section 30R for "State" (where twice occurring)
substitute "Public Transport Development
Authority".
1.13 In section 34 for "Director or" (wherever
occurring) substitute "Public Transport
Development Authority or".
1.14 Section 35 is repealed.
1.15 In section 36(1A) for "Director" substitute
"Public Transport Development Authority".
2 Docklands Act 1991
In section 28(2A) for "Director of Public
Transport appointed under section 65" substitute
"Public Transport Development Authority
established under section 79A".
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3 Duties Act 2000
3.1 In section 47A(1)(a) for "Director of Public
Transport" substitute "Public Transport
Development Authority".
3.2 In section 47A(2)—
(a) the definition of Director of Public
Transport is repealed;
(b) insert the following definition—
"Public Transport Development Authority
has the same meaning as it has in
section 3 of the Transport Integration
Act 2010;".
4 EastLink Project Act 2004
In section 3(1), in paragraph (c) of the definition
of Utility, for "Director of Public Transport"
substitute "Public Transport Development
Authority".
5 Major Transport Projects Facilitation Act 2009
5.1 In section 3—
(a) the definition of Director of Public
Transport is repealed;
(b) insert the following definition—
"Public Transport Development Authority
has the same meaning as it has in
section 3 of the Transport Integration
Act 2010;".
5.2 After section 104(2)(a) insert—
"(ab) a person employed by the Public Transport
Development Authority; or".
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6 Melbourne City Link Act 1995
In section 21(1), in paragraph (c) of the definition
of Utility, for "Director of Public Transport"
substitute "Public Transport Development
Authority".
7 Planning and Environment Act 1987
7.1 In section 201R the definition of Director of
Public Transport is repealed.
7.2 In section 201TC(1)(b)—
(a) omit "or the Director of Public Transport";
(b) in subparagraphs (i) and (ii) omit "or the
Director".
7.3 For section 201TF(6) substitute—
"(6) In this section agency means a public
authority or the Secretary to the Department
of Transport.".
8 Rail Management Act 1996
8.1 In section 3(1)—
(a) the definition of Director is repealed;
(b) insert the following definition—
"Public Transport Development Authority
has the same meaning as it has in
section 3 of the Transport Integration
Act 2010;".
8.2 In sections 3(2)(a), 3(2)(b), 3(3)(a) and 3(3)(b) for
"Director acting on behalf of the Crown"
substitute "Public Transport Development
Authority".
8.3 In section 38J, in the definition of Regional
Infrastructure Lease, after "Director" insert
"of Public Transport".
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8.4 In section 38ZZF for "Director" (wherever
occurring) substitute "Public Transport
Development Authority".
8.5 In section 60(7) for "Director acting on behalf of
the Crown in relation to any rail infrastructure
owned by Rail Track or the Crown" substitute
"Public Transport Development Authority in
relation to any rail infrastructure owned by Rail
Track, the Public Transport Development
Authority or the Crown".
8.6 In section 61(4)(a) for "Director acting on behalf
of the Crown" substitute "Public Transport
Development Authority".
8.7 In section 61(4)(b) for "Director acting on behalf
of the Crown in relation to any rail infrastructure
or tram infrastructure owned by Rail Track, or the
Crown" substitute "Public Transport
Development Authority in relation to any rail
infrastructure or tram infrastructure owned by Rail
Track, the Public Transport Development
Authority or the Crown".
8.8 In section 62(5)(a) for "Director acting on behalf
of the Crown" substitute "Public Transport
Development Authority".
8.9 In section 62(5)(b) for "Director acting on behalf
of the Crown in relation to any rail infrastructure
or tram infrastructure owned by Rail Track or the
Crown" substitute "Public Transport
Development Authority in relation to any rail
infrastructure or tram infrastructure owned by Rail
Track, the Public Transport Development
Authority or the Crown".
8.10 In section 63(5)(a) for "Director acting on behalf
of the Crown" substitute "Public Transport
Development Authority".
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8.11 In section 63(5)(b) for "Director acting on behalf
of the Crown in relation to any tram infrastructure
owned by Rail Track or the Crown" substitute
"Public Transport Development Authority in
relation to any tram infrastructure owned by Rail
Track, the Public Transport Development
Authority or the Crown".
8.12 In section 64(1)(a) after "Rail Track" insert "or
that person and the Public Transport Development
Authority".
8.13 In section 64(3)(a) for "Director acting on behalf
of the Crown" substitute "Public Transport
Development Authority".
8.14 In section 64(3)(b) for "Director acting on behalf
of the Crown in relation to any rail infrastructure
or tram infrastructure owned by Rail Track or the
Crown" substitute "Public Transport
Development Authority in relation to any rail
infrastructure or tram infrastructure owned by Rail
Track, the Public Transport Development
Authority or the Crown".
8.15 In section 65(1) after "Rail Track" insert "or that
person and the Public Transport Development
Authority".
8.16 In section 65(3)(a) for "Director acting on behalf
of the Crown" substitute "Public Transport
Development Authority".
8.17 In section 65(3)(b) for "Director acting on behalf
of the Crown in relation to any tram infrastructure
owned by Rail Track or the Crown" substitute
"Public Transport Development Authority in
relation to any tram infrastructure owned by Rail
Track, the Public Transport Development
Authority or the Crown".
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8.18 In section 66(5)(a) for "Director acting on behalf
of the Crown" substitute "Public Transport
Development Authority".
8.19 In section 66(5)(b) for "Director acting on behalf
of the Crown in relation to any rail infrastructure
or tram infrastructure owned by Rail Track or the
Crown" substitute "Public Transport
Development Authority in relation to any rail
infrastructure or tram infrastructure owned by Rail
Track, the Public Transport Development
Authority or the Crown".
8.20 In section 67(1) after "Rail Track" insert "or that
person and the Public Transport Development
Authority".
8.21 In section 67(4)(a) for "Director acting on behalf
of the Crown" substitute "Public Transport
Development Authority".
8.22 In section 67(4)(b) for "Director acting on behalf
of the Crown in relation to any rail infrastructure
or tram infrastructure owned by Rail Track or the
Crown" substitute "Public Transport
Development Authority in relation to any rail
infrastructure or tram infrastructure owned by Rail
Track, the Public Transport Development
Authority or the Crown".
8.23 In section 68(1), in the definition of agreement,
lease or licence—
(a) in paragraph (a) for "by the Secretary or the
Director acting on behalf of the Crown"
substitute "between the Secretary or the
Public Transport Development Authority";
(b) in paragraph (b) for "by the Secretary, a
statutory body, the Director" substitute
"between the Secretary, a statutory body, the
Public Transport Development Authority";
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(c) in paragraph (b)(i) for "Director" substitute
"Public Transport Development Authority".
8.24 In section 68(2) after "State" insert "or other
relevant party to the agreement, lease or licence".
8.25 In section 68(3)(ba) for "Director acting on behalf
of the Crown" substitute "Public Transport
Development Authority".
8.26 In section 68(4)(a) for "Director acting on behalf
of the Crown" substitute "Public Transport
Development Authority".
8.27 In section 68(4)(b) for "Director acting on behalf
of the Crown in relation to any rail infrastructure
or tram infrastructure owned by Rail Track or the
Crown" substitute "Public Transport
Development Authority in relation to any rail
infrastructure or tram infrastructure owned by Rail
Track, the Public Transport Development
Authority or the Crown".
8.28 In section 69(1)—
(a) for "Director acting on behalf of the Crown"
substitute "Public Transport Development
Authority";
(b) for "Director may" substitute "Public
Transport Development Authority may";
(c) after "State or" insert "the Public Transport
Development Authority or";
(d) for "Director's" substitute "Public Transport
Development Authority's";
(e) after "by the State" insert "or the Public
Transport Development Authority".
8.29 In section 69(2) after "State" (wherever occurring)
insert "or the Public Transport Development
Authority".
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8.30 In section 69(4)(a) for "Director acting on behalf
of the Crown" substitute "Public Transport
Development Authority".
8.31 In section 69(4)(b) for "Director acting on behalf
of the Crown in relation to any rail infrastructure
or tram infrastructure owned by Rail Track or the
Crown" substitute "Public Transport
Development Authority in relation to any rail
infrastructure or tram infrastructure owned by Rail
Track, the Public Transport Development
Authority or the Crown".
8.32 In section 70(1)—
(a) for "Director acting on behalf of the Crown"
substitute "Public Transport Development
Authority";
(b) for "State" substitute "Public Transport
Development Authority";
(c) for "Director may" substitute "Public
Transport Development Authority may".
8.33 In section 70(3)(a) for "Director acting on behalf
of the Crown" substitute "Public Transport
Development Authority".
8.34 In section 70(3)(b) for "Director acting on behalf
of the Crown in relation to any rail infrastructure
or tram infrastructure owned by Rail Track or the
Crown" substitute "Public Transport
Development Authority in relation to any rail
infrastructure or tram infrastructure owned by Rail
Track, the Public Transport Development
Authority or the Crown".
8.35 In section 71(1)—
(a) for "State" substitute "Public Transport
Development Authority";
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(b) for "Director" substitute "Chief Executive
Officer of the Public Transport Development
Authority".
8.36 In section 71(3) for "Director" substitute "Public
Transport Development Authority".
8.37 In section 72 for "State" substitute "Public
Transport Development Authority".
8.38 In section 74—
(a) insert the following heading to section 74—
"Certificate signed by the Chief Executive
Officer of the Public Transport
Development Authority";
(b) in subsection (1) for "Director" substitute
"Chief Executive Officer of the Public
Transport Development Authority";
(c) in subsection (2) for "Director" (where first
occurring) substitute "Public Transport
Development Authority";
(d) in subsection (2) for "Director" (where
secondly occurring) substitute "Chief
Executive Officer of the Public Transport
Development Authority";
(e) in subsection (3) for "Director" substitute
"Public Transport Development Authority".
8.39 In section 75 for "State" (where twice occurring)
substitute "Public Transport Development
Authority".
8.40 In section 103(c) for "Director" substitute "Public
Transport Development Authority".
9 Rail Safety Act 2006
Section 100(5) is repealed.
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10 Road Management Act 2004
10.1 In section 3(1), insert the following definition—
"Public Transport Development Authority has
the same meaning as it has in section 3 of the
Transport Integration Act 2010;".
10.2 In section 3(5)—
(a) for "Director of Public Transport" (where
twice occurring) substitute "Public
Transport Development Authority";
(b) for "has not entered into" substitute "is not a
party to".
10.3 In sections 42A(2), 48O and 48P for "Director of
Public Transport" (wherever occurring) substitute
"Public Transport Development Authority".
11 Road Safety Act 1986
In section 92(1), in paragraph (a) of the definition
of public transport regulator for "Director of
Public Transport" substitute "Public Transport
Development Authority".
12 Tourist and Heritage Railways Act 2010
12.1 In section 3—
(a) the definition of Director is repealed;
(b) insert the following definition—
"Public Transport Development Authority
has the same meaning as it has in
section 3 of the Transport Integration
Act 2010;".
12.2 In sections 6, 8(1), 9(1), 22(1), 24(2) and 24(3) for
"Director" (wherever occurring) substitute
"Public Transport Development Authority".
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13 Transport (Compliance and Miscellaneous)
Act 1983
13.1 In section 2(1)—
(a) in the definition of bus company for "has
entered into a contract with the Crown, or the
Secretary or the Director on behalf of the
Crown" substitute "is a party to a contract
with the Crown or the Secretary on behalf of
the Crown or the Public Transport
Development Authority";
(b) the definition of Director is repealed;
(c) insert the following definition—
"Public Transport Development Authority
has the same meaning as it has in
section 3 of the Transport Integration
Act 2010;".
13.2 In section 2(2A) for "or the Director on behalf of
the Crown" substitute "on behalf of the Crown or
the Public Transport Development Authority".
13.3 In sections 2(2C)(a) and 2(2D)(a) for "Director
acting on behalf of the Crown" substitute "Public
Transport Development Authority".
13.4 In sections 2(2C)(b) and 2(2D)(b) for "or the
Director acting on behalf of the Crown"
substitute "on behalf of the Crown or the Public
Transport Development Authority".
13.5 In section 10—
(a) in subsection (1)(a) for "entered into between
the Director on behalf of the Crown and a
train operator provides for the Director"
substitute "between the Public Transport
Development Authority and a train operator
provides for the Public Transport
Development Authority";
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(b) in subsections (1)(b), (4)(d) and (6) for
"Director" (wherever occurring) substitute
"Public Transport Development Authority".
13.6 In sections 85A(a), 86(1) (in the definition of
public commercial passenger vehicle), 89(2)(c),
141(5), 195, 196, 198(1), 199, 200, 201, 202, 203,
204, 213A(5), 213A(6), 221X, 221Y(1)(c),
221ZA(1) and 221ZH(1) for "Director" (wherever
occurring) substitute "Public Transport
Development Authority".
13.7 Section 191D(1)(c) is repealed.
13.8 In section 200(3) for "he or she" substitute
"the Public Transport Development Authority".
13.9 In sections 213A(3) and 215(1)(ga) for "Director,
on behalf of the Crown," substitute "Public
Transport Development Authority".
13.10 In sections 220DA(4)(a) and 220DA(4)(b) after
"Director" insert "of Public Transport".
13.11 In section 221(7)—
(a) for "the Director" substitute "a director,
member of staff or the Chief Executive
Officer of the Public Transport Development
Authority";
(b) in paragraph (b) for "his or her" substitute
"their";
(c) in paragraph (c) for "Director" substitute
"Director of Public Transport or a director,
member of staff or the Chief Executive
Officer of the Public Transport Development
Authority".
13.12 In section 221X(8) for "Director's" substitute
"Public Transport Development Authority's".
13.13 In sections 229(1) and 229(1B)(a) omit
", the Director".
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13.14 In section 230(4)—
(a) for "Director" (where twice occurring)
substitute "Chief Executive Officer of the
Public Transport Development Authority";
(b) after "Department" insert "or a director or
member of staff of that Authority".
14 Victorian Urban Development Authority Act 2003
In section 53(3) for "Director of Public Transport
appointed" substitute "Public Transport
Development Authority established".
__________________
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SCHEDULE 2
OTHER CHANGES TO REFERENCES TO DIRECTOR OF
PUBLIC TRANSPORT
1 Education and Training Reform Act 2006
For section 2.6.51(1)(ga) substitute—
"(ga) to the licensing authority within the meaning
of the Transport (Compliance and
Miscellaneous) Act 1983; and".
2 Graffiti Prevention Act 2007
In section 17A(5) for "Director of Public
Transport" substitute "Secretary".
3 Major Transport Projects Facilitation Act 2009
In section 104—
(a) for "Director of Public Transport" (wherever
occurring) substitute "Secretary";
(b) for "Director" substitute "Secretary".
4 Rail Management Act 1996
In sections 60(3)(b), 62(2)(b), 62(2A), 63(2)(b),
63(2A), 66(2)(b), 66(2A), 67(2)(b) and 67(2A) for
"Director" substitute "Secretary or the Public
Transport Development Authority".
5 Transport (Compliance and Miscellaneous)
Act 1983
5.1 In sections 12(1), 220AA(d), 220D, 220DA(3),
221(9) and 229(1A)(b) for "Director" (wherever
occurring) substitute "Secretary".
5.2 In section 56(1) for "Director" (wherever
occurring) substitute "Secretary or the Public
Transport Development Authority".
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5.2 In section 221U—
(a) in paragraph (e) of the definition of
authorised person for "Director" substitute
"Secretary";
(b) in the definitions of rail premises, railway
track and tramway track, for "Director"
substitute "Secretary on behalf of the Crown
or the Public Transport Development
Authority".
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Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 14 September 2011
Legislative Council: 27 October 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the
Transport Integration Act 2010 to establish the Public Transport
Development Authority, to make related and consequential amendments
to that Act, the Transport (Compliance and Miscellaneous) Act 1983
and certain other Acts and for other purposes."
126