(Amendment) Act 1989 No

Transport (Amendment) Act 1989 No. 44of 1989 TABLE OF PROVISIONS Section 1. Purposes 2. Commencement 3. Principal Act 4. E>efinitions 5. Ministry of Transport 6. Repeal of sections S and 6 7. New section 7A inserted— 7A. Director-General subject to Ministerial direction 8. Victorian Transport Directorate 9. New Division 3 substituted in Part II— Division 3—Establishment of the Corporations 13. Public Transport Corporation 14. Objects and fimctions of Public Transport Corporation 15. Roads Corporation 16. Objects and functions of Roads Corporation 10. Repeal of section 26 11. Official seal 12. Repeal of section 28 13. Exemption from liability 14. New section 30 substituted— 30. Management of Corporations 15. Power of Minister and Director-General to give directions 16. Delegation 17. Standing Committees 18. New section 34 substituted and old Board abolished— 34. Workshops Board 19. New sections 40 and 41 substituted— 40. Further particular powers of Public Transport Corporation 41. Further particular powers of Roads Corporation 20. Acquisition of land 21. New section 49 substituted— 49. Public Transport Corporation is not common carrier 22. Provisions with respect to roads 23. Borrowing powers 24. Licensing 25. £>eterminations of policy 26. Definitions 27. Abolition of former Authorities 28. Transfer of property, etc. 29. New section 234 inserted— 234. Audit for accounts of former Authorities 30. New section 239 substituted— 239. Rights of Deputy £>irectors-GeneraI and Assistant Directors-General ••' 717' 31. New section 240 substituted— 240. Rights of Managing Directors 32. Continuation of rights of staff 33. Repeal of section 242 34. Contributors to State Employees Retirement Benefits Fund 35. Contributors to Superannuation Fund 36. New section 244A inserted— 244A. Members of Transport Superannuation Fund 37. Contributors to other funds 38. Country Roads Board 39. Statute law revision 40. Consequential amendments to Principal Act 41. Consequential amendments to other Acts 42. Further consequential amendments to other Acts 43. Disallowance of regulations SCHEDULE 1 CONSEQUENTIAL AMENDMENTS TO THE PRINCIPAL ACT SCHEDULE! CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 718 Victoria No. 44 of 1989 Transport (Amendment) Act 1989 [Assented to 6 June 1989] The Parliament of Victoria enacts as follows: Purposes 1. The purposes of this Act are— (a) to reduce the number of Transport Authorities; and (b) to make other miscellaneous amendments to the Transport ^c/1983; and (c) to make consequential amendments to the Transport Act 1983 and other legislation. Commencement 2. (1) This Act (other than sections 16, 39 (2), 39 (3) and 42 and items 42.1, 42.11 and 42.12 of Schedule 2) comes into operation on 1 July 1989. (2) Sections 16 and 39 (3) and items 42.1, 42.11 and 42.12 of Schedule 2 come into operation on the day on which this Act receives the Royal Assent. (3) Section 39 (2) must be taken to have come into operation on 16 December 1986. 719 s- 3 Transport (Amendment) Act 1989 (4) Section 42 (1) comes into operation on the day on which section 208 of the Local Government Act 1989 comes into operation. (5) Section 42 (2) comes into operation on the day on which section 205 of the Local Government Act 1989 comes into operation. (6) Section 42 (3) comes into operation on the day on which sections 89c and 89D of the Road Safety Act 1986 come into operation. Principal Act Act No. 9921 3. In this Act, the Transport Act 1983 is called the Principal Act. Reprinted to Act • No. 45/1987 and Bubsequently amended by Nos. 32/1988,50/1988 and 52/1988. Definitions 4. In section 2(1) of the Principal Act— (a) in the definition of "Ancillary works", for "Road Construction Authority" substitute "Roads Corporation"; and {b) omit the definition of "Authority"; and (c) after the definition of "Commonwealth" insert— ' "Corporation" means the Public Transport Corporation or the Roads Corporation.'; and {d) in the definition of "Maintenance", for "Road Construction Authority" substitute "Roads Corporation"; and {e) omit the definition of "Metropolitan Transit Authority"; and (/) in the definition of "Officer", for " an Authority" substitute "a Corporation"; and ig) in the definition of "Permanent improvements", for "Road Construction Authority" substitute "Roads Corporation"; and (h) after the definition of "Prescribed" insert— ' "Public Transport Corporation" means the Public Transport Corporation established under Part II.'; and (0 for the definition of "Road Construction Authority" substitute— ' "Roads Corporation" means the Roads Corporation estabUshed under Part II.'; and 0) omit the definition of "Road Traffic Authority"; and {k) omit the definition of "State Transport Authority". 720 Transport (Amendment) Act 1989 s. 5 Ministry of Transport 5. In section 3 (2) of the Principal Act— (a) for paragraph (c) substitute— "(c) the Deputy Directors-General of Transport (if any) that are from time to time appointed; and"; and {b) for paragraph (t/) substitute— "(rf) the Assistant Directors-General of Transport (if any) that are from time to time appointed; and". Repeal of sections 5 and 6 6. Sections 5 and 6 of the Principal Act are repealed. New section 7A inserted 7. After section 7 of the Principal Act insert— Director-General subject to Ministerial direction "7A. The Director-General of Transport— (a) is subject to the general direction and control of the Minister, and {b) must comply with any specific direction given by the Minister." Victorian Transport Directorate 8. (1) In section 8 (1) of the Principal. Act, for paragraph {d) substitute— "(rf) the Chief Executive of each of the Corporations; and" New Division 3 substituted in Part II. 9. For Division 3 of Part II. of the Principal Act substitute^ "Division 3—Establishment of the Corporations" Public Transport Corporation "13. (1) There is established a Public Transport Corporation. (2) The Public Transport Corporation consists of one member appointed by the Governor in Council as Chief Executive of the Public Transport Corporation. (3) Schedule 1 applies to the PubUc Transport Corporation." Objects and functions of Public Transport Corporation "14. (1) The Pubhc Transport Corporation has the following functions: (a) To provide, manage and operate transport services and facilities for passengers and freight; 721 s. 9 Transport (Amendment) Act 1989 {b) To arrange with transport operators or other people and bodies for the provision of transport services and facilities; (c) To control and maintain all railway and railway ancillary equipment and facilities in Victoria; {d) To co-ordinate transport services; {e) To develop integrated ticket systems; (/) To develop new modes of transport; (jg) To investigate and to promote and undertake research into any matter related to the performance of its functions, powers or duties; Qi) To provide, manage and operate tourist and recreational facilities; (0 To compete for work on the open market. (2) In the exercise of its functions, the Public Transport Corporation must have regard to the achievement of the following objects: (a) To make use of available transport resources in ways which are most beneficial to the community; {b) To operate within Government policy and other parameters determined by the Victorian Transport Directorate; (c) To develop integrated freight handling systems and improve and develop standards of services for freight; {d) To market integrated freight services and passenger services effectively and to increase the use of these services; (e) To improve transit times by promoting and implementing schemes allocating traffic priority to on-street public transport services; if) To improve standards of integrated accessible transport service and comfort for passengers; [g) To improve and develop transport facilities; (A) To improve productivity; (0 To manage and operate freight services at a profit so as to phase out freight subsidies and to provide funds for capital works and, in the case of grain freight services, to manage and operate those services at a profit based on wheels up only cost; 0) To establish, manage and operate without cross subsidisation through the Workshops Board efficient, reliable and technologically up to date workshops with a heavy engineering capacity, and to compete for work outside the Corporation; {k) To achieve a rapid, reUable, efficient, courteous and effective level of service; (/) To provide a competitive and efficient public freight and passenger transport alternative to private transport; 722 Transport (Amendment) Act 1989 s. 9 (m) To estabhsh and maintain a satisfying work environment which ensures the broadest range of opportunities for career development and job enrichment; (n) To achieve an efficient and dynamic organisation by implementing appropriate technological and other changes through a process of consultation beginning at the contemplative stage; (o) To delegate decision making to appropriate levels in the Corporation; (j)) To maintain harmonious relations between management and staff and employee organisations through a process of effective consultation and participation in decision making; {q) To develop and train all personnel to carry out their duties and responsibilities effectively and efficiently, to interact with the public in a helpful and courteous manner and to enhance their work skills; (r) To maintain a high level of motivation, performance, team work and safe working practices and to develop a sense of commitment to the organisation with employment conditions in keeping with community standards;

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