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Transport Act 1983

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Transport Act 1983 442 ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDO REGINAE VICTORIA Transport Act 1983 No. 9921 An Act to Re-enact with Amendments the Law relating to Transport including the Law with respect to Railways, Roads and Tramways, to repeal the Country Roads Act 1958, the Melbourne and Metropolitan Tramways Act 1958, the Ministry of Transport Act \ 958, the Railway Lands Acquisition Act 1958, the RailwaysAct \95^, the Road Traffic Act 1958, the Transport Regulation Act 1958, the Melbourne Underground Rail Loop Act 1910, the Recreation Vehicles Act 1973, the Railway Construction and Property Board Act 1979 and certain other Acts, to make consequential amendments to various Acts and for other purposes. [Assented to 23 June 1983] BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Le^slative Council and the Legislative Assembly of Victoria in this present Parliament 1983 Transport No. 9921 443 assembled and by the authority of the same as follows (that is to say): PART i.—PRELIMINARY 1. (1) This Act may be cited as the Transport Act 1983. sbontitie. (2) The several provisions of this Act shall come into operation or Cotninenoemefii be deemed to have come into operation as follows: (a) Section 246 shall be deemed to have come into operation on 5 May 1983; (b) Division 7 of Part VI. shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette, and (c) The remaining provisions of this Act shall come into operation on 1 July 1983. (3) This Act is divided into Parts and Divisions as follows: Divtsiori inio Pans and Part l.^*reliminary ss. 1-2. Diviiiom. Part II.—^Administration ss. 3-37. Division 1—The Ministry of Transport ss. 3-7. Division 2—-The Victorian Transport Directorate and the Victoria Transport Borrowing Agency ss. 8-12. Division 3—Establishment of the Authorities ss. 13-20. Division 4—General Provisions ss. 21-33. Division 5—Other Boards and Committees ss. 34-37. Part III.—Powers of the Authorities and the Agency ss. 38-56. Part IV.^^inancial ss. 57-81. Division 1—Budgets and Accounts ss. 57-67. Division 2—Borrowing Powers ss. 68-81. Part v.—The Victorian Transport Service ss. 82-85. Part VI.—^Traffic Regulation, Registration and Licensing ss. 86-207. Division 1 —General Provisions ss. 86-91. Division 2—Traffic Regulation ss. 92-97, Division 3—Recreation Vehicles ss. 98-118. Division 4—Road Transport Licensing Tribunal ss. 119-137. 444 1983 Transport No. 9921 Division 5—Commercial Passenger Vehicles ss. 138-162. Division 6—Private Omnibuses ss. 163-166, Division 7—Hire and Drive Omnibuses ss. 167-170. Division 8—Tow Trucks ss. 171-185. Division 9—Commercial Goods Vehicles ss. 186-197. Division 10—Passenger Ferry Services ss. 198-207. Part VII.—Prosecutions, Enforcement and Penalties ss. 208-230. Division I—Interpretations s. 208. Division 2—Infringements ss. 209-215. Division 3—Enforcement Provisions ss. 216-220, Division 4—Offences and Penalties ss. 221-228. Division 5—Prosecutions and Evidentiary Provisions ss. 229-230, Part VIII,—Miscellaneous and Transitional ss, 231-256. Division 1—Transfer of Powers Functions Assets Liabilities and Staff ss. 231-246, Division 2—Miscellaneous ss. 247-256, Schedule 1—Provisions Applicable to the j^ency and the Authorities. Schedule 2—Particular Powers of Authorities. Schedule 3—Further Particular Powers of State Transport Authority and Metropolitan Transit Authority. Schedule 4—Further Particular Powers of Road Construction Authority. Schedule 5—Provisions with respect to Roads. Schedule 6—Fees on Transfer of Commercial Passenger Vehicle Licences. Schedule 7—Covenants to be included in Deed of Assignment, Schedule 8—Classes, Kinds or Descriptions of Goods. Schedule 9—Prescribed Penalties for certain Traffic Infringements. Schedule 10—Offences in respect of which Transport Infringement Notices may be served, Schedule 11—Repeals. Schedule 12—Amendments to other Acts. 2. <1) In this Act unless inconsistent with the context or subject- matter "A«eocy,' "Agency" means the Victoria Transport Borrowing /^ncy established under Part II. 1983 Transport No. 9921 445 "Ancillary works" means works which while not forming part "Aociinry of a road or bridge are in the opinion of the Road •™'"" Construction Authority required to be executed in conjunction with— {a) the making of a new road or a deviation from or widening of an existing road; or {b) the construction, reconstruction, strengthening, widening or improvement of a bridge. "Appointed day" means 1 July 1983. "Appointed dty." "Authority" means— -Authority," (a) the State Transport Authority; (b) the Metropolitan Transit Authority; (c) the Road Construction Authority; or {d) the Road Traffic Authority. "Brieve" means a bridge for carrying the traffic of any street or "Bri<iie." road and includes— (a) a temporary bridge for use during the construction, reconstruction, strengthening, widening or improvement of any other bridge; and {b) the abutments of and approaches to a bridge. "Commonwealth" means Commonwealth of Australia. "Common- "Declared road" means a freeway. State highway, main road, "Deetared road." tourists' road, forest road, stock route, metropolitan bridge or the West Gate Bridge. "Forest road" means a road declared to be a forest road under "Fore«ro«d." this Act or proclaimed to be a forest road under any corresponding previous enactment. "Freeway" means a road declared to be or deemed to be a "Fretuoy," freeway or by-pass road under this Act or any corresponding previous enactment. "Hoarding" means a structure for the exhibition of "Hoanling." advertisements and includes a sky-sign. "Land" includes any estate, interest, easement, servitude, -LMXI." privilege or right in or over land and strata above or below the surface of land and easements and rights to use strata above or below the surface of land. "Main road" means a road declared to be or deemed to be a "Main road," main road under this Act or any corresponding previous enactment. "Maintenance" of a road or bridge includes the execution of all -Mainiciunu." works of any description which are in the opinion of the Road Construction Authority required to keep the road or bridge in the state of utility in which it was— (a) in the case of a road, on the completion of the original making thereof or of any further making or widening 446 i^83 Transport No. 9921 thereof or of the carrying out of any permanent improvements thereon; {b) in the case of a bridge, on the completion of the construction thereof or of any reconstruction, strengthening, widening or improvement thereof "Melbourne "Melbourne metropolitan area" means that area bounded by ™«ropoii.ai> ^^^ including the Shires of Werribee, Melton, Bulla, Whittlesea, Eltham, Lilydale, Sherbrooke, Hastings and Hinders and those parts of the Shires of Healesville, Pakenham and Cranbourne bounded by and including the following: (d) In the case of Healesville—Smith Road, Myers Road, Donellys Road, Weir Road, Maroondah Parade, Wallace Parade, Mt. Riddell Road and Don Road; {b) In the case of Pakenham—Bailey Road, Ladd Road and Toomuc Creek to Cardinia Creek; (c) In the case of Cranbourne—Ballarto Road and the east bank of Toomuc Creek, Deep Creek and Moody's Inlet— and also includes any land (whether within the above- mentioned boundaries or not) which by Order of the Governor in Council under this Act is declared to be included in the Melbourne metropolitan area and excludes any area (previously included in the Melbourne metropolitan area) which by Order of the Governor in Council under this Act is declared to be excluded from the Melbourne metropolitan area. Meiropoiiian "Metropolitan area" means the area described in the Second area. Schedule to the Town and Country Planning Act 1961, Meiiopoittaii "Metropolitan bridge" means a bridge declared or deemed to bridge. have been declared under this Act or any corresponding previous enactment to be a metropolitan bridge. "Meifopoiitan "Metropolitan Transit Authority" means the Metropolitan IX'riiy" Transit Authority established under Part II. "Municipality" includes the city of Melbourne and the city of Geelong. "owktr • "Officer" means a person for the time being employed in the Ministry of Transport or an Authority (whether or not that person is employed in the transport service). •pernuneni "Permanent improvements", in relation to a road, includes all imwovemeim. works of any dcscHption exclusive of maintenance which are in the opinioa of the Road Construction Authority calculated to increase the utility, safety, capacity or amenities of the road or any part thereof. 1983 Transport No. 9921 447 "Permanent works", in relation to roads, includes new roads, "Pemunem deviations from and the widening of existing roads, ancillary worVj." works and permanent improvements to roads. "Prescribed" means prescribed by this Act or the regulations. ^'Prescribed/* "Road" includes bridge, culvert, ferry and ford. -Roai.' "Road Construction Authority" means the Road Construction "Road Construction Authority established under Part 11. Aulhorily.** "Road Traffic Authority" means the Road Traffic Authority "Road Traffic established under Part II. Authority." "State highway" means a road declared to be or deemed to be a "Stale highway.' State highway under this Act or any corresponding previous enactment. "State Transport Authority" means the State Transport "St»t« Transport Authority established under Part II. AiiiKoriry." "Stock route" means a route declared to be a stock route under •*Stoclt route.* this Act or proclaimed to be a stock route under any corresponding previous enactment. "The Loop" means the rail tracks and ancillary works authorised "The Loop." to be constructed pursuant to the Melbourne Underground RaULoopAct 1970. "Tourists* road" means a road declared to be a tourists* road -Togmuroad.- under this Act or proclaimed to be a tourists' road under any corresponding previous enactment. "Transport service*' means the Viaorian Transport Service "Tnnspon established under Part V.
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