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; {$) To facilitate accountability at all levels within the Corporation by maintaining suitable information and reporting systems; (t) To manage its assets effectively, including real estate, to protect future options and to provide for the planning, design, construction and management of new infrastructure and facilities as required; (M) TO minimise interference to the community arising from the construction and maintenance activities of the Corporation; (v) To identify the transport needs of disadvantaged groups, particularly people with disabilities, and to implement appropriate services within the level of funds specifically provided for this purpose by Government; (w) To provide mechanisms and full information to enable effective and timely participation by the community in decision making about facilities and services; and {x) To encourage and facilitate cycling as an access mode for public transport. (3) Sub-section 2 (/) expires on 1 May 1993.". Roads Corporation "15. (1) There is established a Roads Corporation. (2) The Roads Corporation consists of one member appointed by the Governor in Council as Chief Executive of the Roads Corporation. (3) Schedule 1 applies to the Roads Corporation."

723 s. 9 Transport (Amendment) Act 1989

Objects and functions of Roads Corporation "16. (1) The Roads Corporation has the following functions: (a) To maintain, upgrade, vary and extend the State's declared road network; (6) In conjunction with municipalities, to assist in the maintenance, upgrading and construction of other roads; (c) To purchase, design, construct, erect, install, maintain and operate traffic signals and other traffic facilities for the purposes of traffic management and control; id) To determine load limits and advisory speed limits for any road, bridge or culvert and to determine maximum speed limits for travel on roads under construction or repair or over bridges or culverts; (e) To provide and maintain roadside reserves adjacent to any road for the use or enjoyment of people using that road; (/) To establish guidelines and requirements for the issue of vehicle mass and dimension permits; ig) To provide registration and licensing procedures and systems in connection with transport; (h) To develop and implement road safety strategies, and to develop, promote and administer road safety education and training programs; (0 To develop and implement traffic management strategies and practices; 0) To specify road accident prevention practices and to promote the adoption of those practices within the community; {k) To develop and supervise regulations applicable to road traffic; (/) To compete for work on the open market; (m) To investigate and to promote and undertake research into any matter related to the performance of its functions, powers or duties. (2) In addition to its powers, duties and functions under this Act, the Roads Corporation has any powers, duties and functions that are conferred on it by the Chattel Securities Act 1987, the Road Safety Act 1986 and any other Act. (3) In the exercise of its functions, the Roads 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 and with due regard to the eiihancement of the environment;

724 Transport (Amendment) Act 1989 s. 9

{b) To operate within Government policy and other parameters determined by the Victorian Transport Directorate; (c) To achieve the efficient and safe movement of road traffic; (d) To improve the community's awareness of road safety strategies and practices; (e) To improve and simplify registration and licensing procedures and systems; (/) To improve the State's principal road network to facilitate the efficient vehicular movement of people and goods; ig) To improve productivity; (A) To establish and maintain a satisfying work environment which ensures the broadest range of opportunities for career development and job enrichment; (0 To achieve an efficient and dynamic organisation by implementing appropriate technological and other changes through a process of consultation beginning at the contemplative stage; (J) To maintain an effective decentralised organisation arid to delegate decision making to appropriate levels in the Corporation; (/:) To maintain harmonious relations between management and staff and employee organisations through a process of effective consultation and participation in decision making; (/) To develop and train all personnel to carry out their duties and responsibilities effectively and efficiently, to interact with the pubUc in a helpful and courteous manner and to enhance their work skills; (m) 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; (n) To facilitate accountability at all levels within the Corporation by maintaining suitable information and reporting systems; (o) To manage its assets effectively, including real estate, to protect future options and to provide for the planning, design, construction and management of new infrastructure and facilities as required; (q) To minimise interference to the community arising from the construction and maintenance activities of the Corporation; (r) To provide mechanisms and full information to enable effective and timely participation by the community in decision making about facilities, services and road works.". 725 s. 10 Transport (Amendment) Act 1989

Repeal of section 26 10. Section 26 of the Principal Act is repealed. OflScial seal 11. In section 27 of the Principal Act, for "a common seal" substitute "an official seal". Repeal of section 28 12. Section 28 of the Principal Act is repealed. Exemption from liability 13. In section 29 of the Principal Act, for "Any member or officer" substitute "The Chief Executive or an officer". New section 30 substituted 14. For section 30 of the Principal Act substitute— Management of Corporations "30. (1) The Chief Executive of a Corporation is responsible for the management of the affairs of the Corporation. (2) The Minister must appoint a Board to advise the Chief Executive of each Corporation. (3) The members of the Public Transport Corporation Board shall be— (a) the Chief Executive of the Corporation; and {b) thirteen other members appointed by the Minister of whom— (i) one is a nominee of the Minister; and (ii) four are elected by the officers of the Corporation; and (iii) one has knowledge of and experience in the use of public transport facilities; and (iv) one is selected from a panel of three names submitted to the Minister by the Bus Proprietors' Association (Vic.) Inc.; and (v) one has knowledge of and experience in the use of country public transport passenger facilities; and (vi) one has knowledge of and experience in the use of public transport freight facilities; and (vii) one has knowledge of and experience in the tourist industry; and (viii) one is selected from a panel of 3 names submitted to the Minister by the Victorian Farmers Federation; and (ix) one is selected from a panel of 3 names submitted to the Minister by the Victorian Road Transport Association; and 726 Transport (Amendment) Act 1989 s. 14

(x) one is selected from a panel of 3 names submitted to the Minister by the Municipal Association of Victoria. (4) The members ofthe Roads Corporation Board shall be— (a) the Chief Executive ofthe Corporation; and (b) eleven other members appointed by the Minister of whom— (i) one is a nominee ofthe Minister; and (ii) three are elected by the officers ofthe Corporation; and (iii) one has knowledge of and experience in employment in the transport industry; and (iv) one has knowledge of and experience in the use of passenger cars; and (v) one is selected from a panel of 3 names submitted to the Minister by the Victorian Road Transport Association; and (vi) one is a councillor of a municipality; and (vii) one is a member ofthe Victoria Police Force; and (viii) one is selected from a panel of 3 names submitted to the Minister by the Victorian Farmers Federation; and (ix) one is selected from a panel of 3 names submitted to the Minister by the Royal Automobile Qub of Victoria. (5) A person is not entitled to be elected as a member ofthe Board for a Corporation by the officers ofthe Corporation unless the person is an officer for the time being employed in carrying out duties for the Corporation or a person performing duties for a union or association which represents the officers of that Corporation. (6) The Chief Executive of the Corporation is the Chairperson of the Board of that Corporation. (7) The Minister must determine the terms of reference of each Board. (8) TheMinister must, for each member of a Board other than the Chairperson, determine— (a) any remuneration and travelling and other allowances of the member, having regard to the rate of remuneration and other allowances for the time being payable to members of statutory corporations; and (b) all other terms and conditions of appointment of the member. (9) If a body that is requested to submit a panel of names under sub-section (3) (b) or (4) (b) fails to do so on or before the date specified

727 s. 15 Transport (Amendment) Act 1989

by the Minister when making the request, the Minister may, without that submission, appoint a person to fill the vacancy.". Power of Minister and Director-General to give directions 15. (1) For section 31 (1) of the Principal Act substitute— "(1) Each Corporation must exercise its powers and dischai;ge its duties subject to the general direction and control of the Minister or the Director-General, and to any specific directions given by the Minister or the Director-General." (2) In section 31 (2) of the Principal Act, for "an Authority" substitute "a Corporation". Delegation 16. In section 32(1)— (a) after "this Act" (where secondly occurring) insert "or section 98 of the Road Safety Act 1986,"; and {b) in paragraph {b), after "89" insert "of this Act"; and (c) in paragraph (c), after "31" insert "of this Act". Standing Committees 17. (1) The Standing Committees established under section 33 (1) of the Principal Act are aboHshed, and the members go out of office, on the commencement of this section. (2) In section 33 of the Principal Act, for "Authority" (wherever occurring) substitute "Corporation". New section 34 substituted and old Board abolished 18. (1) For section 34 of the Principal Act substitute— Workshops Board "34. (1) There is established a Workshops Board. (2) The Board consists of the following people appointed by the Minister: {a) The Chief Executive of the PubUc Transport Corporation as Chairperson; {b) The Workshops Chief Executive Officer; (c) An officer from amongst senior managers of the workshops; {d) Two representatives fi-om the PubUc Transport Corporation; (e) Two members elected from amongst people employed in the workshops; (/) Any other members (but not less than 2) who the Minister considers will contribute high level business skills to the Board. (3) The Board may regulate its own procedure.

728 Transport (Amendment) Act 1989 s. 19

(4) The Board is responsible to the Public Transport Corporation for advising on the administration and management of the railway workshops at Newport, Ballarat and Bendigo and any other workshops that are specified from time to time by the Minister.". (2) The Workshops Management Board established under section 34 of the Principal Act as in operation immediately before the commencement of this section is abolished and, subject to sub-section (3), its members go out of office. (3) A person who, immediately before the commencement of this section, held office as an elected member of the Workshops Management Board under section 34 (2) {e) must be taken, on and from that commencement, to have been elected under section 34 (2) (e) of the Principal Act as amended by this Act, for the remainder of the term for which that person was elected under section 34 (2) (e) as in operation immediately before that commencement. New sections 40 and 41 substituted 19. For sections 40 and 41 of the Principal Act substitute— Further particular powers of Public Transport Corporation "40. The powers of the Pubhc Transport Corporation include the powers set out in Schedule 3." Further particular powers of Roads Corporation "41. The powers of the Roads Corporation include the powers set out in Schedule 4.". Acquisition of land 20. In section 42 of the Principal Act— (a) for sub-section (2) {b) substitute— "{b) the Public Transport Corporation or the Roads Corporation (as the case requires) is the Authority; and"; and ib) in sub-section (2A), for "the Authority" substitute "a Corporation". New section 49 substituted 21. For section 49 ofthe Principal Act substitute— Public Transport Corporation is not common carrier "49. The Public Transport Corporation is not a common carrier.". Provisions with respect to roads 22. In section 55 (2) of the Principal Act, for "State Transport Authority, the Metropolitan Transit Authority or the Road Traffic Authority" substitute "Pubhc Transport Corporation".

729 s. 23 Transport (Amendment) Act 1989

Borrowing powers 23. For section 68A (3) of the Principal Act substitute— "(3) In this Division (except section 76), Corporation, unless the context otherwise requires, includes an associated Authority.". Licensing 24. In section 86 (1) of the Principal Act— {a) omit the definitions of "Appropriate Autliority" and "Authority"; and {b) in the definition of "Carrying capacity", for "Authority" substitute "Roads Corporation"; and (c) in the definition of "Public commercial passenger vehicle", for paragraphs (a) to (c) substitute— "(fl) the Public Transport Corporation; or (b) any person, to be used under contract with— (i) the Public Transport Corporation; or (ii) the Education Department of Victoria, which contract is approved pursuant to section 141 (2); or". Determinations of policy 25. In section 89 (2) of the Principal Act, for paragraphs (a) to {d) substitute— "(a) the Public Transport Corporation; and (b) the Roads Corporation; and (c) the Tribunal—". Definitions 26. In section 231 of the Principal Act— (a) in the definition of "Existing securities", for "the appointed day" substitute "1 July 1989"; and {b) for the definition of "Former Authority" substitute— ' "Former Authority" means— (fl) the Metropolitan Transit Authority; or (b) the Road Construction Authority; or (c) the Road Traffic Authority; or {d) the State Transport Authority.'; and (c) for the definition of "Relevant former Authority" substitute— * "Relevant former Authority" means, in relation to— 730 Transport (Amendment) Act 19&9 s. 27

{a) the Roads Corporation— the Road Construction Authority and the Road Traffic Authority; and {b) the Public Transport Corporation— the Metropolitan Transit Authority and the State Transport Authority.'; and {d) for the definition of "Relevant successor Authority" substitute— ' "Relevant successor Corporation" means, in relation to— (a) the Road Construction Authority and the Road Traffic Authority—the Roads Corporation; and {b) the Metropolitan Transit Authority and the State Transport Authority—the Public Transport Corporation.'; and (e) in the definition of "Transferred officer"— (a) for "the appointed day" substitute "1 July 1989"; and (b) for "an Authority" substitute "a Corporation". II Abolition of former Authorities 27. In section 232 of the Principal Act— (a) for "the appointed day" substitute "1 July 1989"; and (b) for "successor Authorities" substitute "successor Corporations". Transfer of property, etc. 28. (1) In section 233 of the Principal Act— (a) for "the appointed day" (wherever occurring) substitute "1 July 1989"; and (b) for "successor Authority" (wherever occurring) substitute "successor Corporation"; and (c) for "this Act had not been passed" (wherever occurring) substitute "the Transport (Amendment) Act 1989 had not been passed". (2) In section 233 ofthe Principal Act (as amended by this Act)— (a) a reference to a former Authority must be taken to include a reference to an abolished Authority; and (b) a reference to the relevant successor Corporation of an abolished Authority must be taken to include a reference to the Corporation that is, on the commencement of this section, the relevant successor Corporation of the relevant successor Authority of that abolished Authority. (3) In sub-section (2), "abolished Authority" means— (a) the Board; or (b) the Railway Construction and Property Board; or

731 s. 29 Transport (Amendment) Act 1989

(c) the Melbourne and Metropolitan Tramways Board; or {d) the Melbourne Underground Rail Loop Authority; or (e) the Country Roads Board; or (/) the Transport Regulation Board; or ig) the Road Safety and Traffic Authority. New section 234 inserted 29. After section 233 of the Principal Act, insert— Audit for accounts of former Authorities "234. (1) The relevant successor Corporation must, as soon as practicable after 1 July 1989 and not later than 1 December 1989, cause to be prepared a statement of accounts in respect of each former Authority for the year ending on 30 June 1989, in a form appropriate to the activities of the former Authority and certified to be correct by the Chief Executive and the principal accounting officer (by whatever name called) of the relevant successor Corporation and including any information that is necessary to give a true and fair view of the financial transactions and state of affairs of the former Authority. (2) The statement of accounts must be audited by the Auditor-General, who has in respect of the accounts and records of the former Authority all the powers conferred on the Auditor-General by any law relating to the audit of the public accounts. (3) The relevant successor Corporation must, not later than 1 December 1989, submit to the Minister the audited statement of accounts. (4) The Minister must cause the audited statements of accounts submitted to him or her under this section to be laid before the Legislative Council and the Legislative Assembly before the expiration of the fourteenth sitting day of the Council or the Assembly (as the case may be) after the accounts have been received by the Minister. (5) The relevant successor Corporation must pay to the ConsoUdated Fund an amount to be determined by the AucUtor-General to defi^y the costs and expenses of an audit under this section.". New section 239 substituted 30. For section 239 of the Principal Act substitute— Rights of Deputy Directors-General and Assistant Directors-General "239. A person holding office immediately before 1 July 1989 as a Deputy Director-General of Transport or an Assistant Director-General of Transport shall, on and from 1 July 1989, be employed in the Ministry of Transport with remuneration and conditions of employment no less favourable than those on which he or she was employed immediately before 1 July 1989, for the remainder of the term for

732 Transport (Amendment) Act 1989 s. 31 which he or she was appointed and with the benefit of all rights accrued immediately before that day.".

New section 240 substituted 31. For section 240 of the Principal Act substitute—

Rights of Managing Directors "240. A person holding office immediately before 1 July 1989 as the Managing Director of a former Authority shall, on and from 1 July 1989, be employed in the relevant successor Corporation with remuneration and conditions of employment no less favourable than those on which he or she was employed immediately before 1 July 1989, for the remainder of the term for which he or she was appointed and with the benefit of all rights accrued immediately before that day.".

Continuation of rights of staff 32. In section 241 of the Principal Act— (fl) for "the appointed day" (wherever occurring) substitute "1 July 1989"; and (b) for "successor Authority" (wherever occurring) substitute "successor Corporation".

Repeal of section 242 33. Section 242 of the Principal Act is repealed.

Contributors to State Employees Retirement Benefits Fund 34. In section 243 of the Principal Act— (a) for "the appointed day" (wherever occurring) substitute "1 July 1989"; and (b) for "an Authority" (wherever occurring) substitute "a Corporation".

Contributors to Superannuation Fund 35. In section 244 of the Principal Act— (a) for "the appointed day" (wherever occurring) substitute "1 July 1989";and {b) for "an Authority" (wherever occurring) substitute "a Corporation". 733 s. 36 Transport (Amendment) Act 1989

New section 244A inserted 36. After section 244 of the Principal Act insert— Members of Transport Superannuation Fund "244A. A transferred officer who was immediately before 1 July 1989 a member of the Transport Superannuation Fund continues, on and after 1 July 1989 for as long as he or she is employed in a Corporation, to be a member of that Fund.". Contributors to other funds , 37. In section 245 of the Principal Act— (a) for "the appointed day" (wherever occurring) substitute "1 July 1989"; and {b) for "an Authority" (wherever occurring) substitute "a Corporation"; and (c) for "or the Superannuation Fund" substitute ", the Superannuation Fund or the Transport Superannuation Fund". Country Roads Board 38. In section 246 (3) of the Principal Act, for "an Authority" substitute "a Corporation". Statute law revision 39. (1) The Principal Act is amended as follows: (a) In the heading to Division 2 of Part II, omit "and the Victoria Transport Borrowing Agency"; ib) In section 127 (7) for "1958" substitute "1986"; (c) In section 148 (6), after "vehicle" insert "licence"; id) In section 162 (1) (c), for "cars" substitute "vehicles"; {e) In section 178 (2), for "are determined" substitute "is determined"; (/) Section 213 (5) is repealed; ig) In clause 3 (1) (Z>) of Schedule 5, omit ",as the case may be"; {h) In clause 18 (3) of Schedule 5, for "or a main road" substitute ", a main road or a tourists' road"; (0 In clause 19 (13) of Schedule 5, for "and main roads" substitute ", main roads and tourists' roads"; 0) In the heading to Schedule 10, omit "TRANSPORT"; {k) In Schedule 10, for "a transport" substitute "an". (2) The Transport (Amendment) Act 1986 is amended as follows: (a) In section 14 (c) (/), for ' "an application'" substitute ' "application" (where first occurring)';

734 Transport (Amendment) Act 1989 s. 40

{b) In section 26 (2), for "vehicle" (where first occurring) substitute "car"; (c) In section 31 {a), for "vehicle" substitute "car". (3) In section 13 of the Chattel Securities Act 1987— (a) for "motor boats within the meaning of the Motor Boating Act 1961" (wherever occurring) substitute "vessels within the meaning of the Marine Act 1988 which have engines and do not exceed 20 metres in length"; and (Jb) in sub-section (1) (d), for "motor boats that are" substitute "vessels that are". Consequential amendments to Principal Act 40. The Principal Act is amended as specified in Schedule 1. Consequential amendments to other Acts 41. The Acts specified in Schedule 2 are amended as specified in that Schedule. Further consequential amendments to other Acts 42. (1) In section 208 of the Local Government Act 1989, for "Road Traffic Authority and the Road Construction Authority" substitute "Roads Corporation". (2) In Schedule 11 to the U)cal Government Act 1989— (a) for "Road Traffic Authority" (wherever occurring) substitute "Roads Corporation"; and {b) omit "established under the Transport Act 1983" (wherever occurring); and (c) for "Road Construction Authority" substitute "Roads Corporation". (3) In sections 89c and 89D of the Road Safety Act 1986, for "Authority" (wherever occurring) substitute "Corporation". Disallowance of regulations 43. After section 256 (2) of the Principal Act insert— "(3) Regulations made under this section may be disallowed in whole or in part, by resolution of either House of Parliament in accordance with the requirements of section 6 (2) of the Subordinate Legislation Act 1962. (4) Disallowance of a regulation under sub-section (3) must be taken to be disallowance by Parliament for the purposes of the Subordinate Legislation Act 1962.".

735 Sch. 1 Transport (Amendment) Act 1989

SCHEDULE 1 Section 40 CONSEQUENTIAL AMENDMENTS TO THE PRINCIPAL ACT 1. In the following sections, for "An Authority" (wherever occurring) substitute "A Corporation": Sections 32 (2), 42,45,47 (2), 66 (6), 67 (7), 76, 81A. 2.1 In the following sections, for "an Authority" (wherever occurring) substitute "a Corporation": Sections 21 (2), 23 (1), 29, 38 (2), 39, 42, 45 (2), 46, 47 (1), 51, 56, 60 (5), 63, 64, 65, 66 (5), 77, 81, 82, 218 (2), 229, 230, 252 (1), 256 (1). 2.2 In the following sections, for "an Authority" (wherever occurring) substitute "the Public Transport Corporation": Sections 221 (1), 222 (3) {e), 223. 3.1 In section 56 (3)— (a) in paragraphs (c) and (d), for "any Authority," substitute "a Corporation or any"; and (b) in paragraph (/), for "any Authority" substitute "a Corporation". 3.2 In section 185 (2) (ba), for "any Authority," substitute "the Roads Corporation or any". 4. In section 81, for "another Authority" (wherever occurring) substitute "the other Corporation". 5. In the following sections, for "appropriate Authority" (wherever occurring) substitute "Public Transport Corporation": Sections 141, 144 (2), 148, 149 (2) (a). 6.1 In the following sections, for "Authority" (wherever occurring) substitute "Corporation": Sections 21 (1), 23 (2), 27, 58, 76 (4). 6.2 In the following sections, for "Authority" (wherever occurring) substitute "Roads Corporation": Sections 132, 133, 138 {b), 139 (2), 143A, 146, 146A, 146B, 147, 147A (3), 147B, 150, 151 (1), 152, 153, 154, 155(1), 156, 157, 162(1), 164, 165, 167(3), 168, 169, 172, 173, 174, 174A, 174B (1), 175, 179, 180(1), 181, 182, 184A, 185 (1)(^), 187 (1), 189,190,191,193,197 (1) (/), 199,201,202, 202A, 203,204,205, 205A, 206. 6.3 In section 60 (7), for "Authority's" substitute "Corporation's". 7.1 In the following sections, for "Authorities" (wherever occurring) substitute "Corporations": Sections 4 (2), 9 (d), 59, 60 (3), 61 (6), 81, 256 (1). 7.2 In section 219 (3), for "Authorities" substitute "Corporation". 7.3 In section 61 (a), for "all the Authorities" substitute "each Corporation". 7.4 In section 62— (a) for "all Authorities" substitute "each Corporation"; and (b) for "all or any" substitute "either or both". 7.5 In section 63— (a) for "or Authorities" substitute "or Corporations"; and (b) for "other Authorities" substitute "the other Corporation"; and (c) for "of Authorities" substitute "of Corporations". 8.1 In the following sections, for "the Authority" (wherever occurring) substitute "the Corporation": Sections 21 (2), 23 (1), 29, 32 (2), 42 (1), 42 (5), 42 (6), 42 (8), 45, 46, 47,48 (2), 51, 56,60,64 (2), 65,66,67, 77,81 (2), 81A, 218 (2), 230,252 (1). 736 Transport (Amendment) Act 1989 Sch. 1

SCHEDULE \—continued

8.2 In section 48 (1), for "of the Authority" substitute "of the Board of the Roads Corporation". 8.3 In the following sections, for "the Authority" (wherever occurring) substitute "the Roads Corporation": Sections 141, 142, 143, 144, 148, 149. 8.4 In the following sections, for "The Authority" (wherever occurring) substitute "The Roads Corporation": Sections 141,142(1), 143(3), 144 (1B), 145, 148(4), 149(3). 9. In section 229 (3), for "the relevant Authority" substitute "the relevant Corporation". 10. In the following sections, for "Each Authority" (wherever occurring) substitute "Each Corporation": Sections38(l), 60, 66, 67. 11. In the following sections, for "each Authority" (wherever occurring) substitute "each Corporation": Sections 60, 66, 67. 12. In the following sections, for "that Authority" (wherever occurring) substitute "that Corporation": Sections 43 (2), 44, 50 (1), 54, 64 (1), 212 (2), 216 (1), 217 (1), 220 (1), 230 (3). 13. In the following sections, for "Managing Director" (wherever occurring) substitute "Chief Executive": Sections 67 (3) («/), 142 (5), 146 (6), 172 (5), 212 (2), 217 (3), 230. 14. In the following sections, for "State Transport Authority" (wherever occurring) substitute "Public Transport Corporation": Sections 50(1) (a), 247. 15. In the following sections, for "Road Traffic Authority" substitute "Roads Corporation": Sections 35 (2), 141 (5), 216,217. 16. In the following sections, for "Metropolitan Transit Authority" substitute "Public Transport Corporation": Sections43, 52(2), 54. 17. In the following sections, for "Road Construction Authority" (wherever occurring) substitute "Roads Corporation": Sections 44,48, 56,224,230 (3). 18. In section 219, for "State Transport Authority and the Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation". 19.1 In the following sections, for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation": Sections 47,50 (1), 51,212 (2), 219,220,221 (6), 222,225 (a), 248. 19.2 In section 248 (a), omit "(as the case may be)". 20. In section 24— (a) for "an Authority or a former Authority" substitute "a Corporation, a former Authority or an abolished Authority"; and (b) for "the Authority which" substitute "the Corporation which"; and (c) for "relevant successor Authority of that Authority" substitute "relevant • successor Corporation of that former Authority or abolished Authority"; and (d) for "the Authority or the former Authority" (wherever occurring) substitute "the Corporation, the former Authority or the abolished Authority"; and

58726/89—24 737 Sch. 1 Transport (Amendment) Act 1989

SCHEDULE {—continued

(e) for sub-section (2) substitute— '(2) For the purposes of this section— {a) "former Anthority" and "relevant successor Corporation" have the same meanings as in Division 1 of Part VIII; and (b) "abolished Authority" means— (i) the Victorian Railways Board; or (ii) the Railway Construction and Property Board; or (iii) the Melbourne and Metropolitan Tramways Board; or (iv) the Melbourne Underground Rail Lx)op Authority; or (v) the Country Roads Board; or (vi) the Transport Regulation Board; or (vii) the Road Safety and Traffic Authority.'. 21. In section 141 (5), for "State Transport Authority, the Metropolitan Transit Authority" substitute "Public Transport Corporation". 22. In section 143 (1), for paragraph (e) substitute— "(e) any report submitted by the Public Transport Corporation or a regional advisory board established under section 36;". 23. For section 218(1) substitute— '(1) In this section— (a) "authorized officer" means an officer of the Public Transport Corporation appointed in writing by that Corporation— (i) generally; or (ii) for a particular case; or (iii) for particular areas of land; or (iv) for particular types of premises— for the purposes of this section; and (b) "Corporation" means the Public Transport Corporation.'. 24. In section 249— (a) omit sub-section (1); and (b) in sub-section (2)— (i) omit "(2)"; and (ii) for "an Authority to which this section applies" substitute "a Corporation"; and (iii) for "the Authority" substitute "the Corporation". 25. In sections 37 and 256 (1), omit "Management" (wherever occurring). 26. For Schedule I to the Principal Act substitute—

SCHEDULE 1 Sections 13 (3) and 15 (3) PROVISIONS APPLICABLE TO THE CORPORATIONS Chief Executive 1. (1) The Governor in Council may appoint a person to the office of Chief Executive of a Corporation and may at any time remove or suspend a person from that office. (2) The Chief Executive of a Corporation may resign from the office by writing signed by the Chief Executive and delivered to the Governor in Council. (3) If the Chief Executive of a Corporation is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the office of Chief Executive, the Minister may appoint another person to act in the place of the Chief Executive during the period of the inability.

738 Transport (Amendment) Act 1989 Sch. 1

SCHEDULE \—continued

(4) A person appointed under this clause to act in the place of the Chief Executive of a Corporation while so acting— {a) has all the rights and powers, and must perform all the duties, of the Chief Executive of the Corporation; and (b) is to be paid any remuneration and traveUing or other allowances fixed by the Minister from time to time, having regard to the rate of remuneration and allowances for the time being payable to the Chief Executives of the Corporations. Conditions of office 2. The Chief Executive of a Corporation— (a) holds office— (i) for the period (not more than 5 years) that is specified in his or her instrument of appointment and is eligible to be re-appointed; and (ii) on the terms .and conditions specified in his or her instrument of appointment; and (b) is entitled to be paid any remuneration and travelling and other allowances fixed from time to time by the Governor in Council; and (c) shall be appointed on a full-time basis; and (d) is not, in respect of the office of Chief Executive, subject to the Public Service Act 1974. (2) A person who is 65 years old or more is not eligible to be appointed as, or to act as, the Chief Executive of a Corporation. Official seal 3. (1) The official seal of a Corporation must be kept in the custody of an officer authorised by the Corporation, and must only be affixed to a document in the presence of 2 officers of the Corporation authorised for that purpose by the Corporation, with an attestation by the signature of those officers of the fact of the affixing of the seal. (2) All courts must take judicial notice of the official seal of a Corporation affixed to any document. Validity of acts or decisions 4. An act or decision of a Corporation is not invalid only— (a) because of a vacancy in the office of Chief Executive; or (b) because of an irregularity in, or in connection with, the appointment of the Chief Executive; or (c) in the case of a person appointed to act as the Chief Executive, on the ground that the occasion for his or her so acting had not arisen or had ceased.". 27.1 In Schedule 2— (a) in the heading, for "AUTHORITIES" substitute "CORPORATIONS"; and (b) for "the Authority" (wherever occurring) substitute "the Corporation"; and (c) for "another Authority" substitute "the other Corporation"; and (d) for "other Authority" (wherever occurring) substitute "other Corporation". 28.1 In Schedule 3— (a) in the heading, for "STATE TRANSPORT AUTHORITY AND METROPOLITAN TRANSIT AUTHORITY" substitute "PUBLIC TRANSPORT CORPORATION"; and (b) for "the Authority" (wherever occurring) substitute "the Corporation"; and (c) in Clause 6, for "Road Traffic Authority" substitute "Roads Corporation". 29. In Schedule 4— (a) in the heading, for "ROAD CONSTRUCTION AUTHORITY" substitute "ROADS CORPORATION"; and (b) for "Authority" (wherever occurring) substitute "Corporation". 739 Sch. 2 Transport (Amendment) Act 1989

SCHEDULE \—continued

30. In Schedule 5— (a) for "Road Construction Authority" (wherever occurring) substitute "Roads Corporation"; and (fc) for "the Authority" (wherever occurring) "substitute "the Corporation"; and (c) for "that Authority" (wherever occurring) substitute "that Corporation"; and {d ) in clause 19(1) (a), for "Managing Director" substitute "Chief Executive". 31. In Schedule 7, for "Authority" (wherever occurring) substitute "Roads Corporation". 32. In Schedule 10, for "an Authority" substitute "a Corporation".

SCHEDULE! Section 41 CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 1. Albury-WodoHga Agreement Act 1973 1. In section IS (9), for "Road Construction Authority" substitute "Roads Corporation".

2. Annual Reporting Act 19S3 2. In Schedule 2— (a) for "Metropolitan Transit Authority" substitute "Public Transport Corporation"; and (b) omit the item relating to the State Transport Authority.

3. Bayside Project Act 1988 3.1 In section 34 (6), for "Metropolitan Transit Authority or the State Transport Authority" substitute "Public Transport Corporation". 3.2 In section 36, for ", the Metropolitan Transit Authority or the State Transport Authority" substitute "or the Public Transport Corporation".

4. Chattel Securities Act 1991 4.1 In section 3(1)— (a) omit the definition of "Authority"; and (b) after the definition of "Commercial vehicle" insert— ' "Corporation" means the Roads Corporation.'. 4.2 In the following sections, for "Authority" (wherever occurring) substitute "Corporation": Sections 14,15, 16,18,19,20, 21, 22, 23,24, 25 and 26.

5. Coal Mines (Pensions) Act 19Si 5. In section 116 (3) (c), for "State Transport Authority" substitute "Public Transport Corporation".

6. Country Fire Authority Act 1958 6. In section 3, in the definition of "Heat engine", for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation".

7. Crimes Act 19S8 7. In the Appendix to the Sixth Schedule, in Form 21, for "State Transport Authority or the Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation".

740 Transport (Amendment) Act 1989 Sch. 2

SCHEDULE 2—continued 8. Dangerous Goods Act 1985 8.1 In section 3(1), omit the definition of "Road Traffic Authority". 8.2 In section 14 (3) (a), omit "Road Traffic Authority" and insert "Roads Corporation". 8.3 In section 41(3), omit "Road Traffic Authority" and insert "Roads Corporation". 9. Drainage Areas Act 1958 9.1 In section 23 (2)— (a) for "Victorian Railways Board the Railway Construction and Property Board" substitute "the Public Transport Corporation"; and (i) for "such Board" substitute "that Corporation". 9.2 In section 35— (a) for "State Transport Authority, the Metropolitan Transit Authority" substitute "Public Transport Corporation"; and ^ (b) for "County Roads Board" substitute "Roads Corporation". 10. Drainage of Land Act 1915 10. In section 31, for "State Transport Authority or the Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation".

11. Electric Light and Power Act 1958 11.1 In section 3(1)— (a) in the definition of "Government purposes", for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation"; and (b) in the definition of "Telegraphic line", for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation". 11.2 In section 4— (a) for "State Transport Authority and the Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation"; and (b) for "the ordinary business of their departments" substitute "its ordinary business". 11.3 In section 5, for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation". 11.4 In section 37, for "State Transport Authority or the Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation". 11.5 In section 38— (a) for "State Transport Authority and the Metropolitan Transit Authority" substitute "Public Transport Corporation"; and (b) for "State Transport Authority or the Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation"; and (c) omit "(as the case may be)" (wherever occurring); and (d) omit "or they".

12. Essential Services Act 19Si 12. In section 3, in the definition of "Essential service", for "State Transport Authority, Metropolitan Transit Authority" substitute "Public Transport Corporation".

13. Extractive Industries Act 19^ 13. In section 27 (1), for "Road Construction Authority" substitute "Roads Corporation". 741 Sch. 2 Transport (Amendment) Act \9%9

SCHEDULE 2—continued 14. Farm Produce Merchants and Commission Agents Act 1965 14. In section 5(1)— (a) for "State Transport Authority, the Metropolitan Transit Authority" substitute "Public Transport Corporation"; and {b) for "Road Construction Authority" substitute "Roads Corporation".

IS. Fences Act \96i 15. In section 19 (4), for 'the any "Authority" within the meaning of section 2 of substitute "a Corporation under".

16. Firearms Act l9Si 16. In section 26 {\)(dc), for "General Manager of the Metropolitan Rail Division of the State Transport Authority established under Part II of the Transport Act 1983" substitute "Executive of the Public Transport Corporation".

17. Footscray Land Act 198S 17. In sections 11 and 12, for "State Transport Authority" (wherever occurring) substitute "Public Transport Corporation". 18. Geelong Waterworks and Sewerage Act 1958 18.1 In section 52— (a) for "State Transport Authority, Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation"; and (b) for "relevant Authority" (wherever occurring) substitute "Corporation or Authority". 18.2 In section 76, for "State Transport Authority, Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation". 18.3 In section 83— (a) for "State Transport Authority, Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation"; and (b) for "relevant Authority" substitute "Corporation or Authority". 18.4 In section 92, for "State Transport Authority, the Metropolitan Transit Authority" substitute "Public Transport Corporation". 18.5 In section 171 (1), in the definition of "Public corporation"— (a) for "State Transport Authority, Metropolitan Transit Authority" substitute "Public Transport Corporation"; and (b) for "Road Construction Authority" substitute "Roads Corporation". 18.6 In section 173 (1) (b), for "State Transport Authority, MetropoUtan Transit Authority" substitute "Public Transport Corporation". 19. Grain Elevators Act 1958 19.1 In section 3 (1), in the definition of "Public corporation",— (a) for "State Transport Authority, Metropolitan Transit Authority" substitute "Public Transport Corporation"; and {b) for "Road Construction Authority" substitute "Roads Corporation". 19.2 In section 5 (3), for "State Transport Authority" (wherever occurring) substitute "Board of the Public Transport Corporation". 19.3 In section 11 (4), for "State Transport Authority" substitute "Public Transport Corporation". 19.4 In section 12— (a) for "State Transport Authority or Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation"; and

742 Transport (Amendment) Act 1989 Sch. 2

SCHEDULE 2—continued {b) for "said Commissioners" substitute "Public Transport Corporation". 19.5 In section 23— (a) for "State Transport Authority or Metropolitan Transit Authority" substitute "Public Transport Corporation"; and (b) for "Victorian Railways Board" substitute "Public Transport Corporation". 20. Historic Buildings Act 19»l 20. In section 3, in the definition of "Public authority"— (a) for "Road Construction Authority" substitute "Roads Corporation"; and (b) for "Metropolitan Transit Authority" substitute "Public Transport Corporation"; and (c) omit", the State Transport Authority". 21. Housing Act 19S3 21. In Schedule 5— (a) in clause 7, for "signed by the officer in charge of the Registration and Regulation Bureau of the Road Traffic Authority constituted under the Transport Act 1983 or his or her deputy" substitute "issued by the Roads Corporation"; and {b) in clause 8 (2), for "in the Registration and Regulation Bureau of the Road Traffic Authority constituted under the Transport Act 1983" substitute "by the Roads Corporation".

22. Land Act 19SS 22.1 In section 270, for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation". 22.2 Insection341 (l)(c), for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation". 22.3 In section 348, for "State Transport Authority or the Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation". 22.4 In section 355, for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation". 22.5 In the Third Schedule, for "State Transport Authority" (wherever occurring) substitute "Public Transport Corporation". 23. Latrobe Valley Act 1958 23. In section 15, in the definition of "Public authority"— (a) for "State Transport Authority" substitute "Public Transport Corporation"; and (b) for "Road Construction Authority" substitute "Roads Corporation". 24. Liner Act 1987 24. In section 15 (1), for "Road Traffic Authority" substitute "Roads Corporation".

25. Local Government Act 195S 25.1 In section 197— (a) in sub-section (1) (xxxi) (d), for "Road Construction Authority" substitute "Roads Corporation"; and (b) in sub-section (3), for "Road Traffic Authority established under the Transport Act 1983" substitute "Roads Corporation". 25.2 In section 198, for "Road Construction Authority" substitute "Roads Corporation".

743 Sch. 2 Transport (Amendment) Act 1989

SCHEDULE l^-continued 25.3 In section 505 (2), for "Road Construction Authority" substitute "Roads Corporation". 25.4 In section 516, for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation". 25.5 In section 534 (3), for "Road Construction Authority" substitute "Roads Corporation". 25.6 In section 539A (3), for "Road Traffic Authority" (wherever occiuring) substitute "Roads Corporation". 25.7 In section 539AB— (a) in sub-section (2), for "Road Traffic Authority" substitute "Roads Corporation"; and (b) in sub-section (10), for "Road Construction Authority" substitute "Roads Corporation". 25.8 In section 539B (17), for "Road Construction Authority" substitute "Roads Corporation". 25.9 In section 539c (5), for "Road Traffic Authority" substitute "Roads Corporation". 25.10 In section 546 (2B), for "Road Construction Authority" substitute "Roads Corporation". 25.11 In section 642 (3), for "State Transport Authority or in the Metropolitan Transit Authority" substitute "Public Transport Corporation". 25.12 In section 851— (a) for "State Transport Authority or the Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation"; and (b) in sub-section (5), for "them" substitute "that Corporation". 26. Marine Act \9«i 26.1 In section 10 (3), for "Road Traffic Authority" substitute "Roads Corporation". 26.2 In section 77— (a) for "an Authority" substitute "a Corporation"; and (b) after "relevant" insert "Corporation or". 27. Melbourne and Metropolitan Board of Works Act 1958 27.1 In section 60 (1), for "the Metropolitan Transit Authority or State Transport Authority" substitute ", the Public Transport Corporation". 27.2 In section 149— (a) for "Metropolitan Transit Authority or State Transport Authority" (wherever occurring) substitute "Public Transport Corporation"; and (b) for "deliver" substitute "delivers"; and (c) for "their" substitute "its"; and (d) for "they" (wherever occurring) substitute "it". 27.3 In section 152, for "MetropoUtan Transit Authority or State Transport Authority" substitute "Public Transport Corporation". 27.4 In section 180, for "Metropolitan Transit Authority or State Transport Authority" (wherever occurring) substitute "Public Transport Corporation". 27.5 In section 181, for "Metropolitan Transit Authority or State Transport Authority" (wherever occurring) substitute "Public Transport Corporation". 27.6 In section 183, for "MetropoUtan Transit Authority or State Transport Authority" substitute "Public Transport Corporation". 27.7 In section 217A (1), for "Metropolitan Transit Authority" substitute "Public Transport Corporation".

744 Transport (Amendment) Act 1989 Sch. 2

SCHEDULE 2—continued 27.8 In section 239, for"Metropolita n Transit Authority or State Transport Authority" substitute "Pubhc Transport Corporation". 27.9 In section 259 (1), in the definition of "Public corporation"— (a) for "State Transport Authority, Metropolitan Transit Authority" substitute "Public Transport Corporation"; and (b) for "Road Construction Authority" substitute "Roads Corporation". 27.10 In section 263 (5), for "Metropolitan Transit Authority or State Transport Authority" substitute "I^iblic Transport Corporation". 27.11 In section 272 (6) (/), for "Metropolitan Transit Authority or State Transport Authority" substitute "Public Transport Corporation". 27.12 In section 276— (a) for "Metropolitan Transit Authority or State Transport Authority" substitute "Public Transport Corporation"; and (ft) for "them" (wherever occurring) substitute "it"; and (c) for "their" substitute "its". 28. Motor Car Traders Act 1986 28. In section 76 (1) (d), for "Road Traffic Authority" substitute "Roads Corporation". 29. National Parki Act 1915 29.1 In section 3 (2)— (a) for "Road Construction Authority" substitute "Roads Corporation"; and (b) for "State Transport Authority the Metropolitan Transit Authority" substitute "Public Transport Corporation". 29.2 In section 27A, for "Road Construction Authority" (wherever occurring) substitute "Roads Corporation". 29.3 In section 28, for "State Transport Authority" substitute "Public Transport Corporation". 29.4 In section 37A— (a) for "Road Construction Authority" (wherever occurring) substitute "Roads Corporation"; and (b) for "Road Traffic Authority" substitute "Roads Corporation". 29.5 In section 48 (4) (b), for "Road Construction Authority" substitute "Roads Corporation". 30. Pipelines Act 1961 30. In section 32, for "State Transport Authority or the Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation". 31. Planning and Environment Act 19S1 31. In section 44 (1) (c) (ii), for "Road Construction Authority" substitute "Roads Corporation". 32. Port of Geelong Authority Act 1958 32. In section 101, for "State Transport Authority" substitute "Public Transport Corporation".

33. Port of Melbourne Authority Act 1958 33.1 In section 90B (2), for "in the Registration and Regulation Bureau of the Road Traffic Authority constituted under the Transport Act 1983" substitute "by the Roads Corporation". 33.2 In section 100(2)— 745 Sch. 2 Transport (Amendment) Act 1989

SCHEDULE 2—continued (a) for paragraph (c) substitute— "(c) the Public Transport Corporation;"; and (b) omit paragraph (e); and (c) for paragraph (/i) substitute— "(h) the Roads Corporation;". 33.4 In section 141, for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation".

34. Road Safety Act 19»6 34.1 In section 3(1)— (a) omit the definition of "Authority"; and (b) after the definition of "Commercial motor vehicle" insert— ' "Corporation" means the Roads Corporation.'; and (c) in the definition of "Prosecution officer", for "Authority" (wherever occurring) substitute "Corporation". 34.2 In section 77 (1), for the definition of "Authority" substitute— ' "Corporation" means the Roads Corporation or the PubUc Transport Corporation; and'. 34.3 In section 91 (1), for "common" substitute "ofiicial". 34.4 In the following sections, for "Authority" (wherever occurring) substitute "Corporation": Sections 9, 11, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 31, 33, 37, 39,40,41,48, 51, 52, 53, 55, 56, 59, 66, 73, 74, 77 (2), 77 (3), 84,85, 88, 91, 92,94, 95,97,103(1). 34.5 In Schedule 2, in clauses 12,13, 27, 28, 28A, 41 and 60, for "Authority" substitute "Corporation". 35. Railways (Standardization Agreement) Act 19S8 35.1 In section 1 (2), for "Authority" substitute "Corporation". 35.2 In section 2, for the definition of "Authority" substitute— ' "Corporation" means the Public Transport Corporation.'. 35.3 In the heading to Part II, for "AUTHORITY" substitute "CORPORATION". 35.4 In section 4— (a) in sub-section (1), for "Commissioners are" substitute "Corporation is"; and (b) in sub-section (2), for "Authority" substitute "Corporation". 35.5 In section 5— (a) for "Authority" (wherever occurring) substitute "Corporation"; and (6) in sub-section (1), for "them" substitute "it". 35.6 In section 6 (6), for "State Transport Authority" substitute "Corporation". 35.7 In section 7, for "Authority" (wherever occurring) substitute "Corporation". 35.8 In section 8, for "Authority" (wherever occurring) substitute "Corporation". 35.9 In section 9 (2), for "Authority" (wherever occurring) substitute "Corporation".

36. Sewerage Districts Act 1958 36.1 In section 122 (1), for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation". 36.2 In section 125 (4), for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation". 746 Transport (Amendment) Act 1989 Sch. 2

SCHEDULE 2—continued 36.3 In section 132, for "State Transport Authority or the Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation".

37. Soil Conservation and Land Utilization Act 1958 37. In section 3 (1A)— (a) for paragraph (a) substitute— "(a) the Roads Corporation;"; and (b) for paragraph (/c) substitute— "(k) the Public Transport Corporation;". 38. Stamps Act 195S 38.1 In section 137c, for "Road Traffic Authority" substitute "Roads Corporation". 38.2 In the Third Schedule, in Part VI, exemption (2), for "any Authority or the Agency" substitute "any Corporation". 38.3 In the Third Schedule, in Part VIII, exemption (2), for "any Authority or the Agency" substitute "any Corporation". 39. State Electricity Comniision Act 1958 39.1 In section 3 (1), in the definition of "Government Department"— (a) for "State Transport Authority Metropolitan Transit Authority" substitute "Public Transport Corporation"; and (b) for "Road Construction Authority" substitute "Roads Corporation". 39.2 In section 17, for "State Transport Authority" (wherever occurring) substitute "Public Transport Corporation". 39.3 In section 18, for "State Transport Authority" (wherever occurring) substitute "Public Transport Corporation". 39.4 In section 60 (4), for "Road Construction Authority" substitute "Roads Corporation". 39.5 In section 62 (10), for "Road Construction Authority" substitute "Roads Corporation". 39.6 In section 63 (5) (a) (i), for "Road Construction Authority" substitute "Roads Corporation".

40. State Superannuation Act 19SS 40.1 In section 37 (1) (a) (ii), for "State Transport Authority" substitute "Public Transport Corporation". 40.2 In section 90 (2), for "State Transport Authority" (wherever occurring) substitute "Public Transport Corporation". 41. Survey Co-ordination Act 1958 41. In section 23, in the definition of "Public authority", for "State Transport Authority, Metropolitan Transit Authority, Road Construction Authority" substitute "Public Transport Corporation, Roads Corporation".

42. Transport Accident Act 19S6 42.1 Section 23 is repealed. 42.2 In section 64 (2), for "State Transport Authority, Metropolitan Transit Authority" substitute "Public Transport Corporation". 42.3 In section 94 (2) (b), for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation". 42.4 In section 113—

747 Sch. 2 Transport (Amendment) Act 1989

SCHEDULE 2—continued (a) for "State Transport Authority (wherever occurring) substitute "Public Transport Corporation"; and (b) after "trains" insert "and trams"; and (c) for "that Authority" (wherever occurring) substitute "that Corporation". 42.5 Section 114 is repealed. 42.6 In section 115, for "State Transport Authority or the Metropolitan Transit Authority" (wherever occurring) substitute "Public Transport Corporation". 42.7 In section 135 (3) (a)— (a) for "State Transport Authority or the Metropolitan Transit Authority" substitute "Public Transport Corporation"; and (b) for "Authority operating that railway train" substitute "Corporation". 42.8 In section 135 (3) {b), for "State Transport Authority or the Metropolitan Transit Authority" substitute "Ihiblic Transport Corporation". 42.9 In section 135(3) (c)— {a) for "Metropolitan Transit Authority" substitute "Public Transport Corporation"; and (b) for "that Authority" substitute "that Corporation". 42.10 In section 135 (3) (rf), for "Metropolitan Transit Authority" substitute "Public Transport Corporation". • 42.11 Section 180 (1) is repealed. 42.12 Item 1 of Schedule 2 is repealed.

43. Transport Superannuation Act 1988 43. In section 3 (1), in the definition of "Transport Authority", for paragraphs (a) to (d) substitute— "(a) the Public Transport Corporation; or (b) the Roads Corporation; or".

44. Water Act \9S» 44.1 In section 5, in the last paragraph, for "Melbourne Harbour Trust Commissioners or of the State Transport Authority or the Metropolitan Transit Authority" substitute "Port of Melbourne Authority or of the Public Transport Corporation". 44.2 In section 97 (2), for "State Transport Authority or the Metropolitan Transit Authority" (wherever occurring) substitute "Pubhc Transport Corporation".

45. Weights and Measures Actl 958 45. In section 3 (1), in the definition of "Government Department"— (a) for "State Transport Authority, Metropolitan Transit Authority, Road Traffic Authority" substitute "Public Transport Corporation"; and (b) for "Road Construction Authority" substitute "Roads Corporation".

748 Transport (Amendment) Act 1989

NOTES

Minister's second reading speech— Legislative Assembly: 16 March 1989 Legislative Council: 11 May 1989 The long title for the Bill for this Act was "A Bill to amend the Transport Act 1983 and for other purposes.".

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