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SPECIAL Victoria Government Gazette Victoria Government Gazette No. S 258 Wednesday 26 June 2019 By Authority of Victorian Government Printer Transport Integration Act 2010 TRANSPORT RESTRUCTURING ORDER (ROADS CORPORATION) NO. 1/2019 Order in Council This Order may be cited as the Transport Restructuring Order (Roads Corporation) No. 1/2019. The Governor in Council under Division 2 of Part 4A of the Transport Integration Act 2010 orders that: 1. Commencement This Order comes into operation on 1 July 2019. 2. Definitions 2.1 In this Order – ‘conferred functions’ means the functions conferred on the Head, Transport for Victoria by paragraph 3 of this Order. 2.2 Terms used in this Order have the same meaning as that term has in the Transport Integration Act 2010, unless the context otherwise requires. 3. Conferred functions The functions specified in Part A of Schedule 1 are conferred on the Head, Transport for Victoria. 4. Ongoing and concurrent conferral 4.1 The conferred functions are conferred on the Head, Transport for Victoria on an ongoing basis. 4.2 The conferred functions are to be performed or exercised concurrently by the Head, Transport for Victoria and the Roads Corporation (meaning that each of the Head, Transport for Victoria and the Roads Corporation may exercise the functions independently of the other). 5. Effect of conferral on the Head, Transport for Victoria The conferred functions are conferred on the Head, Transport for Victoria only to the extent that the exercise or performance of the function does not require the exercise of a function, power or duty conferred exclusively on another person or body by or under another Act. 6. Application of s 87(2) of the Transport Integration Act 2010 6.1 Section 87(2) of the Transport Integration Act 2010 applies to the Head, Transport for Victoria in exercising or performing the conferred functions. 6.2 References to the Roads Corporation in s 87(2) of the Transport Integration Act 2010 are to be construed as references to the Roads Corporation and the Head, Transport for Victoria, or either the Roads Corporation or the Head, Transport for Victoria, as the case requires. 7. Construction of other Transport Integration Act 2010 provisions Other references to the Roads Corporation in the Transport Integration Act 2010, or in instruments made under that Act, are to be construed as references to the Roads Corporation and the Head, Transport for Victoria, or either the Roads Corporation or the Head, Transport for Victoria, as the case requires, to the extent necessary to enable the exercise or performance by the Head, Transport for Victoria of the conferred functions. SPECIAL 2 S 258 26 June 2019 Victoria Government Gazette 8. Saving of Roads Corporation functions and acts Nothing in this Order limits the capacity of the Roads Corporation to perform or exercise functions, powers or duties conferred on it by or under any Act, or affects any act lawfully done by the Roads Corporation. 9. Severability of any provision or part of this Order If any provision or part of this Order is invalid, the invalid provision or part is severed, and the Order otherwise continues to be valid and of legal effect. Dated 25 June 2019 Responsible Minister: HON JACINTA ALLAN MP Minister for Transport Infrastructure PIETA TAVROU Clerk of the Executive Council SCHEDULE 1 DUTIES, FUNCTIONS AND POWERS CONFERRED ON THE HEAD, TRANSPORT FOR VICTORIA Part A: Functions conferred on the Head, Transport for Victoria Section 87(1)(a) 87(1)(b) 87(1)(d) 87(1)(e) 87(1)(f) 87(1)(g) 87(1)(i) 87(1)(m) Victoria Government Gazette S 258 26 June 2019 3 Transport Integration Act 2010 TRANSPORT RESTRUCTURING ORDER (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) NO. 1/2019 Order in Council This Order may be cited as the Transport Restructuring Order (Public Transport Development Authority) No. 1/2019. The Governor in Council under Division 2 of Part 4A of the Transport Integration Act 2010 orders that: 1. Commencement This Order comes into operation on 1 July 2019. 2. Definitions 2.1 In this Order – ‘conferred functions’ means the functions conferred on the Head, Transport for Victoria by paragraph 3 of this Order. 2.2 Terms used in this Order have the same meaning as that term has in the Transport Integration Act 2010, unless the context otherwise requires. 3. Conferred functions 3.1 The following functions are conferred on the Head, Transport for Victoria: (a) the functions specified in Part A of Schedule 1; (b) the functions specified in Column 1 of the Table in Part B of Schedule 1, to the extent described in Column 2 of the Table. 3.2 The conferred functions specified in Column 1 of the Table in Part B of Schedule 1 are to be construed, for the purposes of the exercise or performance of that function by the Head, Transport for Victoria, as if the text shown in strikethrough in Column 2 of the Table was deleted. 4. Ongoing and concurrent conferral 4.1 The conferred functions are conferred on the Head, Transport for Victoria on an ongoing basis. 4.2 The conferred functions are to be performed or exercised concurrently by the Head, Transport for Victoria and the Public Transport Development Authority (meaning that each of the Head, Transport for Victoria and the Public Transport Development Authority may exercise the functions independently of the other). 5. Transfer Order and transfer of employees 5.1 Transfer of employees from the Public Transport Development Authority to the Secretary will be necessary by reason of this Order. 5.2 A Transfer Order is otherwise required to be made under Division 3 of Part 4A of the Transport Integration Act 2010 in order to transfer property, rights and liabilities: (a) from the Public Transport Development Authority to the Head, Transport for Victoria, insofar as the property, rights and liabilities relate to the conferred functions; and (b) from the Public Transport Development Authority to the Secretary, insofar as the property, rights and liabilities of the Public Transport Development Authority relate to staff to be transferred from the Public Transport Development Authority to the Secretary. 6. Application of s 79AE(2) of the Transport Integration Act 2010 6.1 Section 79AE(2) of the Transport Integration Act 2010 applies to the Head, Transport for Victoria in exercising or performing the conferred functions. 4 S 258 26 June 2019 Victoria Government Gazette 6.2 References to the Public Transport Development Authority in section 79AE(2) of the Transport Integration Act 2010 are to be construed as references to the Public Transport Development Authority and the Head, Transport for Victoria, or either Public Transport Development Authority or the Head, Transport for Victoria, as the case requires. 7. Construction of other Transport Integration Act 2010 provisions 7.1 References to the Public Transport Development Authority in sections 120(1)(a), 125(1)(c), 125(1)(d), 132(1)(a) and s 132(2)(e) of the Transport Integration Act 2010 are amended and are be construed as references to the Head, Transport for Victoria or the Public Transport Development Authority (as the case requires). 7.2 Other references to the Public Transport Development Authority in the Transport Integration Act 2010, or in instruments made under that Act, are to be construed as references to the Public Transport Development Authority and the Head, Transport for Victoria, or either the Public Transport Development Authority or the Head, Transport for Victoria, as the case requires, to the extent necessary to enable the exercise or performance of the conferred functions by the Head, Transport for Victoria. 8. Saving of Public Transport Development Authority functions and acts Nothing in this Order limits the capacity of the Public Transport Development Authority to perform or exercise functions, powers or duties conferred on it by or under any Act, or affects any act lawfully done by the Public Transport Development Authority. 9. Limitation on power of direction 9.1 Nothing in this Order makes the Head, Transport for Victoria subject to direction by the Minister or the Secretary under section 64T of the Transport Integration Act 2010 in relation 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. 9.2 The power of direction under section 64T of the Transport Integration Act 2010 is to be construed as excluding a power to make a direction of the type described in paragraph 9.1. 10. Severability of any provision or part of this Order If any provision or part of this Order is invalid, the invalid provision or part is severed, and the Order otherwise continues to apply. Dated 25 June 2019 Responsible Minister: HON JACINTA ALLAN MP Minister for Transport Infrastructure PIETA TAVROU Clerk of the Executive Council Victoria Government Gazette S 258 26 June 2019 5 SCHEDULE 1 DUTIES, FUNCTIONS AND POWERS CONFERRED ON THE HEAD, TRANSPORT FOR VICTORIA Part A: Functions conferred on the Head, Transport for Victoria Section 79AE(1)(a) 79AE(1)(b) 79AE(1)(c) 79AE(1)(d) 79AE(1)(j)(i), (ii), (iii) 79AE(1)(k) 79AE(1)(p) Part B: Functions conferred on the Head, Transport for Victoria Section Extent of function conferred (Column 1) (Column 2) 79AE(1)(g) manage the coordination of trams, trains and buses, including by providing operational advice and assurance to the lead transport agency regarding the implementation of timetabling and connectivity of passenger services 79AE(1)(h) support the development of, and implement, operational policies and strategies to improve
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