PARLIAMENT OF VICTORIA
Introduced in the Assembly
Transport Integration Bill 2009
A Bill for an Act to create a new framework for the provision of an integrated and sustainable transport system in Victoria, to amend the Transport Act 1983, the Marine Act 1988, the Rail Corporations Act 1996, the Eastlink Project Act 2004 and certain other Acts, to repeal the Southern and Eastern Integrated Transport Authority Act 2003 and for other purposes.
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose The purpose of this Act is to create a new framework for the provision of an integrated and 5 sustainable transport system in Victoria consistent with the vision statement.
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2 Commencement (1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent. 5 (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 July 2011, it 10 comes into operation on that day. 3 Definitions In this Act— bus has the same meaning as it has in section 3(1) of the Bus Safety Act 2009; 15 bus service has the same meaning as it has in section 3(1) of the Bus Safety Act 2009; Chief Investigator, Transport Safety means the person holding the position referred to in section 179(1); 20 commercial passenger vehicle has the same meaning as it has in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983; corresponding safety law means— 25 (a) a relevant marine safety law; or (b) a relevant transport safety law; or (c) the Public Transport Competition Act 1995; decision making principles means the principles 30 specified in Division 3 of Part 2; Department means the Department of Transport;
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development, in Division 4 of Part 3, has the same meaning as it has in section 3 of the Major Transport Projects Facilitation Act 2009; Director of Public Transport means the person 5 holding the position referred to in section 65(1); Director, Transport Safety means the person holding the position referred to in section 171(1); 10 harbour master has the same meaning as it has in section 3(1) of the Marine Act 1988; interface body means— (a) in respect of the Conservation, Forests and Lands Act 1987, the body 15 corporate established under that Act under the name Secretary to the Department of Sustainability and Environment; (b) in respect of the Local Government 20 Act 1989, a Municipal Council; (c) in respect of the Parks Victoria Act 1998, Parks Victoria established under that Act; (d) in respect of the Planning and 25 Environment Act 1987— (i) a planning authority under that Act; (ii) the Growth Areas Authority established under section 46AQ of 30 that Act;
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(e) in respect of the Major Transport Projects Facilitation Act 2009— (i) a project authority appointed under section 6 of that Act; 5 (ii) a project proponent appointed under section 15 of that Act; (iii) an assessment committee established under section 35 of that Act; 10 (f) in respect of the Project Development and Construction Management Act 1994, a Minister or facilitating agency; (g) in respect of the Victorian Urban Development Authority Act 2003, the 15 Victorian Urban Development Authority established under that Act; (h) in respect of any interface legislation, a Minister administering the interface legislation; 20 (i) in respect of land managed or controlled under the Wildlife Act 1975, the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the National Parks Act 1975, 25 Part 4 of the Water Industry Act 1994 or the Alpine Resorts (Management) Act 1997, the person or body responsible for the management or control of that land; 30 (j) a person or body which is declared to be an interface body— (i) by the Act under which the person is appointed or the body is established; or
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(ii) by the interface legislation under which functions or powers are conferred on the person or body— either generally or in respect of the 5 exercise of the functions or powers in respect of which the person or body is declared to be an interface body by the Act or interface legislation; (k) a public body which is declared to be 10 an interface body by an Order in Council made under section 4 either generally or in respect of the exercise of the functions or powers in respect of which it is declared to be an interface 15 body by the Order in Council; interface legislation means— (a) Alpine Resorts (Management) Act 1997; (b) Conservation, Forests and Lands Act 20 1987; (c) Crown Land (Reserves) Act 1978; (d) Forests Act 1958; (e) Land Act 1958; (f) Local Government Act 1989; 25 (g) Major Transport Projects Facilitation Act 2009; (h) National Parks Act 1975; (i) Parks Victoria Act 1998; (j) Planning and Environment Act 1987; 30 (k) Project Development and Construction Management Act 1994;
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(l) Victorian Urban Development Authority Act 2003; (m) Part 4 of the Water Industry Act 1994; 5 (n) Wildlife Act 1975; (o) any other Act or provision of any other Act which is declared to be interface legislation by that other Act; (p) any regulations or other subordinate 10 instrument made under an Act which is interface legislation; Linking Melbourne Authority means the body corporate established under section 134; mandatory marine safety decision has the same 15 meaning as it has in section 3(1) of the Marine Act 1988; mandatory rail safety decision has the same meaning as it has in section 2(1) of the Transport (Compliance and 20 Miscellaneous) Act 1983; mandatory transport safety decision means— (a) a mandatory marine safety decision; or (b) a mandatory rail safety decision; marine safety matter means— 25 (a) an incident involving a vessel that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to, or the loss of, the vessel or any other vessel, or to any 30 other property or equipment, and includes, for example— (i) any accident involving a vessel;
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(ii) any incident involving a vessel in which there is evidence of systematic safety deficiencies; (b) the occurrence of any event that 5 provides reasonable grounds for the belief— (i) that any pilot, pilot exempt master, harbour master, pilotage services provider or person 10 holding a certificate of competency or service under the Marine Act 1988 has acted incompetently in the course of his or her duties or in breach of that 15 Act or the regulations made under that Act; or (ii) that the holder of any harbour master licence has breached the conditions of that licence; or 20 (iii) that any pilot, pilot exempt master or pilotage services provider, who is registered under the Marine Act 1988 to act as a pilot, pilot exempt master or pilotage services 25 provider (as the case requires), has breached the conditions of that registration; (c) any other incident or any state of affairs involving, or in relation to, a vessel that 30 is specified by the regulations for the purposes of this definition; master has the same meaning as it has in section 3(1) of the Marine Act 1988; motor vehicle has the same meaning as it has in 35 section 3(1) of the Road Safety Act 1986;
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passenger services includes— (a) bus services; (b) commercial passenger vehicle services (including taxi-cab services and hire- 5 car services); (c) ferry passenger services; (d) rail passenger services (including train and tram services provided by a passenger transport company within the 10 meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983); pilot has the same meaning as it has in section 3(1) of the Marine Act 1988; 15 pilot exempt master has the same meaning as it has in section 3(1) of the Marine Act 1988; pilotage services provider has the same meaning as it has in section 3(1) of the Marine Act 1988; 20 prescribed means prescribed by regulations made under this Act; public transport safety matter means— (a) an incident involving rolling stock, rail infrastructure, a bus or any 25 infrastructure used in bus operations that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to any property or equipment, and includes, 30 for example— (i) any derailment of any rolling stock; (ii) any collision involving any bus or rolling stock;
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(iii) any incident resulting from the construction, maintenance or operation of a railway or from the operation of a bus; 5 (iv) any failure of any part of rail infrastructure or any rolling stock or any part of any rolling stock; (v) any failure of any bus or part of a bus or of any equipment on a bus 10 or of anything used in bus operations; (vi) any failure or breach of any practice or procedure involving rolling stock or a bus; 15 (vii) any fire, explosion or other similar occurrence involving rolling stock or a bus; (viii) any incident in which there is evidence of systematic safety 20 deficiencies; (b) any other incident or any state of affairs involving, or in relation to, rolling stock, rail infrastructure, buses or any infrastructure used in bus operations 25 that is specified by the regulations for the purposes of this definition; public transport system means public transport and the public transport related components of the transport system including any 30 passenger services; rail infrastructure has the same meaning as it has in section 3(1) of the Rail Safety Act 2006;
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rail safety recommendation means a recommendation by the Director, Transport Safety to the Director of Public Transport for the Director of Public Transport to undertake 5 or fund a relevant rail safety project; rail safety worker has the same meaning as it has in section 3(1) of the Rail Safety Act 2006; railway has the same meaning as it has in section 3(1) of the Rail Safety Act 2006; 10 relevant marine safety law has the same meaning as it has in section 3(1) of the Marine Act 1988; relevant rail safety project means any project undertaken relating to, or connected with, the 15 provision or operation of a passenger service or rail freight service; relevant transport safety law has the same meaning as it has in section 2(1) of the Transport (Compliance and 20 Miscellaneous) Act 1983; road has the same meaning as it has in section 3(1) of the Road Management Act 2004; road-related infrastructure has the same meaning 25 as it has in section 3(1) of the Road Management Act 2004; road system means the roads and road related components of the transport system including any transport services, motor 30 vehicles and any other users of the road system; Road Transport-Related Project means a project declared to be any Road Transport-Related Project under section 136;
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Roads Corporation means the body corporate continued under section 80; roadside has the same meaning as it has in section 3(1) of the Road Management Act 5 2004; rolling stock has the same meaning as it has in section 3(1) of the Rail Safety Act 2006; Secretary means the Secretary to the Department; statement of policy principles means a statement 10 issued under section 22; transport body means— (a) the Minister; (b) the Minister administering any other transport legislation in respect of the 15 transport system; (c) the Department; (d) a Department or public entity engaged in the development of policy in respect of the transport system; 20 (e) the Secretary; (f) the Transport Infrastructure Development Agent; (g) the Director of Public Transport; (h) the Director, Transport Safety; 25 (i) the Chief Investigator, Transport Safety; (j) the Roads Corporation; (k) the licensing authority within the meaning of section 2(1) of the 30 Transport (Compliance and Miscellaneous) Act 1983; (l) the Linking Melbourne Authority;
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(m) the Public Transport Ticketing Body within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983; 5 (n) the Victorian Rail Track; (o) the V/Line Corporation; (p) the Port of Melbourne Corporation established under section 10 of the Port Services Act 1995; 10 (q) the Port of Hastings Corporation established under section 17A of the Port Services Act 1995; (r) the Victorian Regional Channels Authority established under section 18 15 of the Port Services Act 1995; (s) a local authority within the meaning of section 3(1) of the Marine Act 1988; (t) a waterway manager within the meaning of section 3(1) of the Marine 20 Act 1988; (u) the Infrastructure Reference Panel established under section 31 of the Road Management Act 2004; (v) the Essential Services Commission 25 established under section 7 of the Essential Services Commission Act 2001 when it is exercising its functions and powers under any transport legislation in respect of the transport 30 system; (w) a coordinating road authority within the meaning of section 3(1) of the Road Management Act 2004;
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(x) a committee, board, council or other body established by the Minister under any transport legislation; (y) a person or body which is declared to 5 be a transport body— (i) by the Act under which the person is appointed or the body is established; or (ii) by the transport legislation under 10 which functions or powers are conferred on the person or body— either generally or in respect of the exercise of the functions or powers in respect of which the person or body is 15 declared to be a transport body by the Act or transport legislation; (z) a public body which is declared to be a transport body under any transport legislation by an Order in Council made 20 under section 4 either generally or in respect of the exercise of the functions or powers in respect of which the public body is declared to be a transport body by the Order in Council; 25 Transport Corporation means— (a) the Linking Melbourne Authority; or (b) the Victorian Rail Track; or (c) the V/Line Corporation; Transport Infrastructure Development Agent 30 means the body corporate established under section 40;
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Transport Infrastructure Project means any project declared to be a Transport Infrastructure Project by an Order made under section 49; 5 transport legislation means— (a) Accident Towing Services Act 2007; (b) Border Railways Act 1922; (c) Bus Safety Act 2009; (d) Public Transport Competition Act 10 1995; (e) Business Franchise (Petroleum Products) Act 1979; (f) Eastlink Project Act 2004; (g) Marine Act 1988; 15 (h) Melbourne City Link Act 1995; (i) National Rail Corporation (Victoria) Act 1991; (j) Pollution of Waters by Oil and Noxious Substances Act 1986; 20 (k) Port Services Act 1995; (l) Rail Management Act 1996; (m) Rail Safety Act 2006; (n) Road Management Act 2004; (o) Road Safety Act 1986; 25 (p) Transport (Compliance and Miscellaneous) Act 1983; (q) Very Fast Train (Route Investigation) Act 1989; (r) Westernport (Crib Point Terminal) 30 Act 1963;
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(s) any other Act or provision of any other Act which is declared to be transport legislation by that other Act; (t) this Act; 5 (u) any regulations or other subordinate instrument made under an Act which is transport legislation; transport-related land, infrastructure and assets includes the land, tracks, crossings, signals, 10 buildings and structures including bridges, overhead wiring, power substations, communications networks, base stations, depots and associated buildings and rolling stock whether— 15 (a) operational because it has been released to the Secretary, the Director of Public Transport or any other person for transport purposes to support the transport system or related matters; or 20 (b) non-operational because it has not been released to the Secretary, the Director of Public Transport or any other person for transport purposes; transport safety, in Part 7, means safety for the 25 operation of rail, bus and marine transport; transport safety agency means a transport safety appointee; transport safety appointee means— (a) the Chief Investigator, Transport 30 Safety; (b) the Director, Transport Safety;
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transport safety matter means— (a) a marine safety matter; (b) a public transport safety matter; transport safety officer has the same meaning as 5 it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983; transport services includes— (a) passenger services; (b) rail freight services; 10 (c) road freight services; (d) any other services that are provided to support the transport system; transport system means all the components which make up the system for the movement of 15 persons and goods including— (a) the physical components such as— (i) transport networks, paths and ways including roads, railways, shipping lanes, waterways, air 20 flight paths, crossings, cycling paths and footpaths; (ii) facilities for accessing, disembarking, unloading and the interchange of, persons and goods 25 and for the storage of freight and vehicles, including train stations, tram stops, bus stops, inter-modal transfer facilities, freight yards, port facilities, airports and taxi 30 stands, depots and networks;
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(iii) motor vehicles, taxis, hire-cars, trains, trams, buses, ferries, boats, ships, aeroplanes, motor cycles, bicycles and mobility aids; 5 (iv) control, communications and location systems and technology, information, and other systems and equipment; (b) the management components such as— 10 (i) strategic planning including plans for building the network, acquiring vehicles, reserving land for future development and business continuity; 15 (ii) operations planning including business plans, corporate plans, operations plans and contingency plans; (iii) operational matters required to 20 operate the transport system including schedules, timetables and ticketing systems; (iv) administration, maintenance and information management matters; 25 (v) research and marketing including advertising and promotions; (vi) legislative and regulatory systems such as registration, licensing and accreditation; 30 (c) the labour components including all the persons involved in planning, policy development, operations and regulating and managing the physical and management components of the 35 transport system;
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(d) the services components including passenger, freight and any other transport services to move persons and goods; 5 transport system agency means— (a) the Director of Public Transport; or (b) the Roads Corporation; transport system objectives means the objectives specified in Division 2 of Part 2; 10 vessel has the same meaning as it has in section 3(1) of the Marine Act 1988; Victorian Rail Track means the body corporate continued under section 116; vision statement means the statement set out in 15 section 6; V/Line Corporation means the body corporate continued under section 128. 4 Order in Council declaring body to be a transport body or interface body 20 (1) The Governor in Council may, on the recommendation of the Minister, by Order in Council published in the Government Gazette declare— (a) a public body to be a transport body for the 25 purposes of this Act, either generally or when carrying out particular functions or powers under any transport legislation, as is specified in the Order in Council; (b) a public body to be an interface body for the 30 purposes of this Act, either generally or when carrying out particular functions or powers under any interface legislation, as is specified in the Order in Council.
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(2) The Minister must not make a recommendation under this section unless the Minister has consulted with the Minister responsible for the administration of the public body. 5 5 Act binds the Crown (1) This Act binds the Crown— (a) in the right of the State of Victoria; and (b) to the extent that the legislative power of the Parliament permits, in all its other capacities. 10 (2) To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations. ______
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Part 2—Vision Statement, Objectives, Principles and Statements of Policy s. 6 Principles
PART 2—VISION STATEMENT, OBJECTIVES, PRINCIPLES AND STATEMENTS OF POLICY PRINCIPLES
Division 1—Vision statement
6 Vision statement 5 The Parliament recognises the aspirations of Victorians for an integrated and sustainable transport system that contributes to an inclusive, prosperous and environmentally responsible State.
Division 2—Transport system objectives
10 7 Transport system objectives This Division specifies the transport system objectives. 8 Social and economic inclusion The transport system should provide a means by 15 which persons can access social and economic opportunities to support individual and community wellbeing including by— (a) minimising barriers to access so that so far as is possible the transport system is available 20 to as many persons as wish to use it; (b) providing tailored infrastructure, services and support for persons who find it difficult to use the transport system. 9 Economic prosperity 25 The transport system should facilitate economic prosperity by— (a) enabling efficient and effective access for persons and goods to places of employment, markets and services;
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(b) increasing efficiency through reducing costs and improving timeliness; (c) fostering competition by providing access to markets; 5 (d) facilitating investment in Victoria; (e) supporting financial sustainability. 10 Environmental sustainability The transport system should actively contribute to environmental sustainability by— 10 (a) protecting, conserving and improving the natural environment; (b) avoiding, minimising and offsetting harm to the local and global environment, including through transport-related emissions and 15 pollutants and the loss of biodiversity; (c) promoting forms of transport and the use of forms of energy and transport technologies which have the least impact on the natural environment; 20 (d) improving the environmental performance of all forms of transport and the forms of energy used in transport. 11 Integration of transport and land use (1) The transport system should provide for the 25 effective integration of transport and land use and facilitate access to social and economic opportunities. (2) Without limiting the generality of subsection (1), transport and land use should be effectively 30 integrated so as to improve accessibility and transport efficiency with a focus on—
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(a) maximising access to residences, employment, markets, services and recreation; (b) planning and developing the transport system 5 more effectively; (c) reducing the need for private motor vehicle transport and the extent of travel; (d) facilitating better access to, and greater mobility within, local communities. 10 (3) Without limiting the generality of subsection (1), the transport system and land use should be aligned, complementary and supportive and ensure that— (a) transport decisions are made having regard 15 to the current and future impact on land use; (b) land use decisions are made having regard for the current and future development and operation of the transport system; (c) transport infrastructure and services are 20 provided in a timely manner to support changing land use and associated transport demand. (4) Without limiting the generality of subsection (1), the transport system should improve the amenity 25 of communities and minimise impacts of the transport system on adjacent land uses. 12 Efficiency, coordination and reliability (1) The transport system should facilitate network- wide efficient, coordinated and reliable 30 movements of persons and goods at all times.
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(2) Without limiting the generality of subsection (1), the transport system should— (a) balance efficiency across the network so as to optimise the network capacity of all 5 modes of transport and reduce journey times; (b) maximise the efficient use of resources including infrastructure, land, services and energy; (c) facilitate integrated and seamless travel 10 within and between different modes of transport; (d) provide predictable and reliable services and journey times and minimise any inconvenience caused by disruptions to the 15 transport system. 13 Safety and health and wellbeing (1) The transport system should be safe and support health and wellbeing. (2) Without limiting the generality of subsection (1), 20 the transport system should— (a) seek to continually improve the safety performance of the transport system through— (i) safe transport infrastructure; 25 (ii) safe forms of transport; (iii) safe transport system user behaviour; (b) avoid and minimise the risk of harm to persons arising from the transport system; (c) promote forms of transport and the use of 30 forms of energy which have the greatest benefit for, and least negative impact on, health and wellbeing.
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Division 3—Decision making principles
14 Decision making principles This Division specifies the decision making principles. 5 15 Principle of integrated decision making The principle of integrated decision making means seeking to achieve Government policy objectives through coordination between all levels of government and government agencies and with 10 the private sector. 16 Principle of triple bottom line assessment The principle of triple bottom-line assessment means an assessment of all the economic, social and environmental costs and benefits taking into 15 account externalities and value for money. 17 Principle of equity The principle of equity means— (a) equity between persons irrespective of their— 20 (i) personal attributes, including age, physical ability, ethnicity, culture, gender and financial situation; or (ii) location, including whether in a growth, urban, regional, rural or remote area; 25 (b) equity between generations by not compromising the ability of future generations to meet their needs. 18 Principle of the transport system user perspective The transport system user perspective means— 30 (a) understanding the requirements of transport system users, including their information needs;
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(b) enhancing the useability of the transport system and the quality of experiences of the transport system. 19 Precautionary principle 5 (1) The precautionary principle means that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. 10 (2) The precautionary principle includes— (a) a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and (b) an assessment of the risk-weighted 15 consequences of various options. 20 Principle of stakeholder engagement and community participation The principle of stakeholder engagement and community participation means— 20 (a) taking into account the interests of stakeholders, including transport system users and members of the local community; (b) adopting appropriate processes for stakeholder engagement. 25 21 Principle of transparency The principle of transparency means members of the public should have access to reliable and relevant information in appropriate forms to facilitate a good understanding of transport issues 30 and the process by which decisions in relation to the transport system are made.
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Division 4—Statements of policy principles
22 Minister may issue a statement of policy principles (1) The Minister may issue a statement of policy principles for the purposes of this Act. 5 (2) If the Minister proposes to issue a statement of policy principles which will apply to, or affect, an interface body, the Minister must obtain the agreement of the Minister responsible for the interface body before issuing the statement of 10 policy principles. (3) A statement of policy principles must be consistent with the vision statement and the transport system objectives. (4) The Minister must have regard to the decision 15 making principles in preparing a statement of policy principles. (5) If at any time more than one Minister has responsibility for the administration of this Act— (a) each Minister may issue a statement of 20 policy principles in respect of the administration of the provisions of the Act for which that Minister is responsible; (b) two or more Ministers may issue a joint statement of policy principles in respect of 25 the administration of the provisions of the Act for which those Ministers are responsible. (6) A statement of policy principles may specify that specified policy principles apply to— 30 (a) a specified transport body in the exercise of powers or the performance of functions under the transport legislation;
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(b) a specified interface body in the exercise of powers or the performance of functions under the interface legislation; (c) the exercise of specified powers or the 5 performance of specified functions by a transport body or an interface body. (7) The Minister must ensure that a statement of policy principles is published— (a) in the Government Gazette; and 10 (b) on an Internet website maintained by the Department. (8) The Minister must provide a copy of a statement of policy principles to any transport body or interface body affected by the statement of policy 15 principles as soon as practicable after the statement of policy principles is issued.
Division 5—Interpretation and guidance
23 Interpretation It is the intention of Parliament that this Act is to 20 be administered and interpreted having regard to the following— (a) the vision statement; (b) the transport system objectives; (c) the decision making principles; 25 (d) any statement of policy principles. 24 Application to a transport body (1) A transport body must have regard to the transport system objectives in exercising its powers and performing its functions under any transport 30 legislation.
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(2) A transport body must have regard to the decision making principles in making decisions under any transport legislation. (3) If a transport body is a specified transport body in 5 a statement of policy principles, it must have regard to the specified policy principles which apply to it under the statement of policy principles. (4) If a transport body is exercising a power which is 10 a specified power in a statement of policy principles or performing a function which is a specified function in a statement of policy principles, it must have regard to the specified policy principles which apply under the statement 15 of policy principles. (5) An Act specified in the heading to an item in Schedule 1 is amended as set out in that item. 25 Application to an interface body (1) An interface body must have regard to the 20 transport system objectives when exercising powers and performing functions under any interface legislation which are likely to have a significant impact on the transport system. (2) An interface body must have regard to the 25 decision making principles in making decisions under any interface legislation which are likely to have a significant impact on the transport system. (3) If an interface body is a specified interface body in a statement of policy principles, it must have 30 regard to the specified policy principles which apply to it under the statement of policy principles.
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(4) If an interface body is exercising a power which is a specified power in a statement of policy principles or performing a function which is a specified function in a statement of policy 5 principles, it must have regard to the specified policy principles which apply under the statement of policy principles. (5) An Act specified in the heading to an item in Schedule 2 is amended as set out in that item. 10 26 Weight to be given to transport system objectives For the purposes of sections 24 and 25, a transport body or interface body may determine the weight to give to each transport system objective. 27 Weight to be given to decision making principles 15 For the purposes of sections 24 and 25, a transport body or interface body may determine the weight to give to each decision making principle. 28 Effect of this Part The Parliament does not intend by this Part to 20 create in any person any legal right or to give rise to any civil cause of action. ______
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Part 3—Administration s. 29
PART 3—ADMINISTRATION
Division 1—The Minister
29 General powers (1) The Minister has power to do anything that is 5 specified in this Act or that is necessary or convenient to be done for or in connection with, or as incidental to, the functions of the Minister under this or any other Act. (2) Nothing in this section limits the powers of a 10 Minister at common law or under any convention or practice relating to powers of Ministers generally. 30 Minister may appoint a person or establish a body to provide advice 15 (1) The Minister may from time to time by Order published in the Government Gazette appoint any person or establish any body comprising persons with experience or expertise in, or able to offer informed advice about, the transport system— 20 (a) to advise the Minister on any matter relating to the transport system referred to the person or body by the Minister; and (b) to exercise any of the powers and functions of the Minister that are delegated to the 25 person or body under this Act or any other transport legislation. (2) The Minister may, in any Order made under subsection (1), make any provision with respect to the terms and conditions of appointment of the 30 person or of the members of the body and the functions and procedures of the person or the body as the Minister thinks fit.
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(3) A person appointed, or a body established, under this section, is declared to be a transport body. (4) Nothing in this section limits the powers of the Minister to establish advisory committees or other 5 similar bodies or have regard to the advice of any person, committee or other body. 31 Delegation by Minister (1) The Minister by instrument may delegate to any person any power, duty or function of the Minister 10 under any transport legislation other than— (a) this power of delegation; (b) any power conferred on the Minister to make statements of policy principles or determinations of policy or give directions. 15 (2) A delegation under this section may be made— (a) in relation to a person or class of persons specified in the instrument of delegation; or (b) in relation to the holder, or the holder from time to time, of an office specified, or of 20 each office in a class of offices specified, in the instrument of delegation.
Division 2—The Department
32 Objects of the Department The objects of the Department are to— 25 (a) ensure that a transport system is provided consistent with the vision statement and the transport system objectives; (b) determine strategic policies which specify priorities for the transport system that 30 address current and future challenges;
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(c) ensure in collaboration with transport bodies and other bodies that policies and plans for an integrated and sustainable transport system are developed, aligned and 5 implemented. 33 Functions of the Department (1) The principal function of the Department is to assist the Minister in the administration of this Act and other transport legislation and to do anything 10 that is necessary or convenient to be done for or in connection with, or as incidental to, the achievement of its objects. (2) Without limiting the generality of subsection (1), the functions of the Department include to— 15 (a) be the lead in all of the strategic policy, advice and legislation functions relating to the transport system and related matters other than road safety; (b) coordinate the development of regulatory 20 policy and legislation advice relating to the transport system and related matters; (c) lead in the improvement of the transport system, including the development and construction of new transport infrastructure 25 and the provision of new transport services; (d) develop strategies, plans, standards, performance indicators, programs and projects relating to the transport system and related matters; 30 (e) develop and issue guidelines with respect to the implementation and operation of this Act;
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(f) coordinate corporate planning and budgets so as to assist transport bodies with the development, alignment, implementation and monitoring of their corporate plans and 5 budgets; (g) undertake operational activities including transport system operations, asset management and project management; (h) collect transport data and undertake research 10 into the transport system to support the functions specified in paragraphs (a), (b), (c), (d), (f) and (g); (i) provide corporate, financial management, property and other specialist services to 15 transport bodies; (j) provide assistance to public entities and private bodies to construct or improve transport facilities and to provide services ancillary to those facilities; 20 (k) carry out efficiently and effectively any contract entered into by the Minister on behalf of the Crown; (l) perform any other functions or duties conferred on the Department by any other 25 Act or any regulations under any other Act.
Division 3—The Secretary
34 Powers of the Secretary (1) The Secretary has power, on behalf of the Crown, to do all things that are necessary or convenient to 30 be done for or in connection with, or as incidental to, the achievement of the objects of the Department and the performance of its functions.
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(2) Without limiting the generality of subsection (1), the Secretary may on behalf of the Crown— (a) acquire, hold or dispose of real or personal property; 5 (b) enter into any agreement or contract; (c) enter into any lease or licence; (d) participate in the formation of a corporation, trust, partnership or other body; (e) subscribe for or otherwise acquire, and hold 10 and dispose of, shares in, or debentures or other securities of, a corporation; (f) become a member of a company limited by guarantee; (g) subscribe for or otherwise acquire, and hold 15 and dispose of, units in a trust; (h) acquire, and hold and dispose of, an interest in a partnership or other body; (i) enter into partnership or into any arrangement for sharing of profits, union of 20 interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside 25 Victoria relating to, or connected with, any function of the Secretary or the Department; (j) give indemnities, guarantees, releases and charges, and anything else of a similar nature;
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(k) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property 5 right (for example, a trademark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information); 10 (l) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right; (m) seek any remedy in relation to, or do anything necessary to enforce, protect, 15 maintain, register or exploit, any intellectual property right; (n) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright; 20 (o) engage consultants, contractors or agents; (p) act as trustee; (q) act as an agent of another person. (3) The Secretary may use any Crown land for transport purposes with the approval of the 25 Minister administering the Act relating to the management or use of the land given by the Minister in accordance with any requirements which apply under that Act. (4) Without limiting the generality of subsection (1), 30 the Secretary may exercise the powers conferred on the Secretary by any other Act or regulations under any other Act. (5) The generality of this section is not limited by any other provision of this Act or any other Act which 35 confers a power on the Secretary.
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35 Recording of dealings (1) If the Secretary acquires any land on behalf of the Crown, any recording in the Register by the Registrar of Titles of the acquisition must be made 5 in the name of "Secretary to the Department of Transport" as registered proprietor. (2) If the Secretary, on behalf of the Crown, disposes of or otherwise deals with any land held in the name of "Secretary to the Department of 10 Transport", any recording in the Register by the Registrar of Titles of the disposition or dealing must be made in the name of "Secretary to the Department of Transport". (3) If the Secretary to the Department of Transport, 15 on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land, the Registrar must make any recording in relation to that dealing in the name of "Secretary to the Department of Transport". 20 (4) To avoid doubt, land acquired in fee simple by the Secretary to the Department of Transport on behalf of the Crown is Crown land. (5) Despite subsection (4) and anything to the contrary in the Land Act 1958 or the Transfer of 25 Land Act 1958, if land acquired by the Secretary to the Department of Transport on behalf of the Crown— (a) is under the operation of the Transfer of Land Act 1958, it remains under the 30 operation of that Act; and (b) is not under the operation of the Transfer of Land Act 1958, it may be brought under the operation of that Act.
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36 Compulsory acquisition of land (1) Subject to the approval of the Minister, the Secretary may on behalf of the Crown compulsorily acquire any land which is or may be 5 required by the Secretary for or in connection with the performance of the functions of the Department or the exercise of his or her powers. (2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose— 10 (a) the Transport Integration Act 2009 is the special Act; (b) the Secretary is the Authority; (c) land includes strata above or below the surface of land and easements and rights to 15 use land or strata above or below the surface of the land; (d) section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority to enter any land 20 and section 75(6) did not apply. (3) In full or part settlement of any compensation that the Secretary is liable to pay, the Secretary may on behalf of the Crown— (a) transfer a building from land owned by a 25 person entitled to the compensation to other land owned either by that person or by the Secretary on behalf of the Crown; or (b) transfer a building from land owned by the Secretary on behalf of the Crown to other 30 land owned either by the Secretary on behalf of the Crown or by a person entitled to the compensation.
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(4) If the Secretary acquires any land compulsorily under this section— (a) the Secretary may on behalf of the Crown require the owner of the land to take any land 5 adjoining it that is owned by the Secretary on behalf of the Crown and is no longer required by the Secretary on behalf of the Crown; and (b) the value of that adjoining land must be 10 deducted from any sum to be paid by way of compensation to the owner for the compulsory acquisition; and (c) if that value cannot be agreed between the Secretary on behalf of the Crown and the 15 owner it must be settled in the same manner and at the same time as the compensation to be paid to the owner. 37 Powers to enter land for investigative purposes (1) The Secretary may enter any land and do all 20 things necessary and convenient for investigative purposes to determine whether the land should be compulsorily acquired. (2) The Secretary may exercise the powers conferred by this section on the Secretary by any person 25 who is authorised in writing by the Secretary to do so. (3) The Secretary must not exercise a power under this section unless— (a) the Secretary has given 7 days notice in 30 writing to the occupier of the land that is to be entered; or (b) the occupier of the land consents to entry to the land; or (c) immediate entry is necessary because of an 35 emergency.
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(4) A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to a 5 different time. (5) In exercising powers under this section, the Secretary must— (a) cause as little harm and inconvenience as possible; 10 (b) stay on the land only for as long as is reasonably necessary to exercise the power; (c) remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings 15 brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there; (d) leave the land as nearly as possible in the condition in which he or she found it; 20 (e) ensure that as little damage as possible is done to the land; (f) co-operate as much as possible with the owner and any occupier of the land. (6) If the Secretary has caused any damage to land 25 while exercising a power under this section, the Secretary must pay compensation to the owner and any other person with an interest in the land. (7) Compensation under subsection (6)— (a) may, if so agreed by the person entitled to 30 the compensation, be paid as a lump sum or by way of an annual rent; or
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(b) if no agreement can be reached, must be determined in the manner provided in the Land Acquisition and Compensation Act 1986. 5 38 Directions (1) The Secretary— (a) is subject to the general direction and control of the Minister; and (b) must comply with any specific direction 10 given by the Minister. (2) The Minister cannot give the Secretary any direction as to the quantum of any amount payable under section 68 of the Rail Management Act 1996 for breach of a civil penalty provision within 15 the meaning of that section. 39 Delegation by Secretary (1) The Secretary by instrument may delegate to any person any power, duty or function of the Secretary under any Act or regulations including, 20 subject to subsection (3), this power of delegation. (2) A delegation under this section may be made— (a) in relation to a person or class of persons specified in the instrument of delegation; or (b) in relation to the holder, or the holder from 25 time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. (3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject 30 to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function.
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(4) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subsection (3) as if it were a delegation.
Division 4—Transport Infrastructure Development Agent
5 40 Transport Infrastructure Development Agent (1) The Transport Infrastructure Development Agent is established. (2) The Transport Infrastructure Development Agent consists of one member appointed by the 10 Governor in Council in accordance with section 48. (3) The Transport Infrastructure Development Agent— (a) is a body corporate with perpetual 15 succession; (b) has an official seal; (c) may sue and be sued; (d) may acquire, hold and dispose of real and personal property; 20 (e) may do and suffer all things that a body corporate may by law do and suffer. 41 Official seal (1) The official seal of the Transport Infrastructure Development Agent must— 25 (a) be kept in such custody as the Transport Infrastructure Development Agent directs; (b) not be used except as authorised by the Transport Infrastructure Development Agent. (2) All courts must take judicial notice of the official 30 seal of the Transport Infrastructure Development Agent affixed to any document.
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42 Transport Infrastructure Development Agent represents the Crown In performing its functions and exercising its powers, the Transport Infrastructure Development 5 Agent represents the Crown. 43 Object of the Transport Infrastructure Development Agent The object of the Transport Infrastructure Development Agent is to— 10 (a) scope and develop any Transport Infrastructure Project; and (b) deliver the Transport Infrastructure Project if it is specified as the facilitating agency under the Project Development and Construction 15 Management Act 1994 or appointed as the project authority under the Major Transport Projects Facilitation Act 2009— consistent with the vision statement and transport 20 system objectives. 44 Functions of the Transport Infrastructure Development Agent The Transport Infrastructure Development Agent has the following functions in respect of any 25 Transport Infrastructure Project— (a) to facilitate, on behalf of the State, the scoping and development of any Transport Infrastructure Project; (b) to seek and evaluate submissions from 30 persons interested in undertaking the scoping and development of any Transport Infrastructure Project;
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(c) to negotiate with persons interested in undertaking the scoping and development of any Transport Infrastructure Project; (d) to make recommendations in relation to 5 contractual arrangements between the State and any other person for the scoping and development of any Transport Infrastructure Project; (e) to administer and manage agreements and 10 arrangements between the State and any other person for, or relating to, the scoping and development of any Transport Infrastructure Project; (f) to facilitate and co-ordinate consultations 15 with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the scoping and development of any Transport Infrastructure Project; 20 (g) to negotiate and enter into arrangements with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the scoping and development of any Transport Infrastructure Project; 25 (h) to make recommendations to the Minister in relation to facilitating any Transport Infrastructure Project and co-ordinating with statutory authorities, agencies of the State and other bodies or persons involved in, or 30 affected by, the scoping and development of any Transport Infrastructure Project; (i) to ensure that agreements and arrangements between the State and any other person for, or relating to, the scoping and development 35 of any Transport Infrastructure Project are performed in accordance with their terms;
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(j) to deliver the Transport Infrastructure Project if it is specified as the facilitating agency under the Project Development and Construction Management Act 1994 or 5 appointed as the project authority under the Major Transport Projects Facilitation Act 2009. 45 Powers of the Transport Infrastructure Development Agent 10 (1) The Transport Infrastructure Development Agent has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the Transport Infrastructure Development 15 Agent and the performance of its functions. (2) Without limiting subsection (1), the Transport Infrastructure Development Agent may, in the performance of its functions under section 44— (a) enter into any agreements or arrangements 20 with any person or body; (b) do all things necessary or convenient to be done to give effect to the agreements and arrangements referred to in paragraph (a); (c) with the approval of the Treasurer, form, 25 participate in the formation of, or be a member of a body corporate, association, partnership, trust or other body and enter into a joint venture with any other person. (3) The Transport Infrastructure Development Agent 30 may exercise its powers within or outside Victoria.
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46 Directions (1) In the exercise of its powers and the performance of its functions the Transport Infrastructure Development Agent is subject to the direction and 5 control of the Minister. (2) If the Transport Infrastructure Development Agent is not constituted by the Secretary, the Transport Infrastructure Development Agent— (a) is subject to the specific direction of the 10 Minister; and (b) must perform its functions and exercise its powers under the general direction and control of the Secretary. 47 Delegation by the Transport Infrastructure 15 Development Agent (1) The Transport Infrastructure Development Agent by instrument may delegate to any person any power, duty or function of the Transport Infrastructure Development Agent under any Act 20 or regulations including, subject to subsection (3), this power of delegation. (2) A delegation under this section may be made— (a) in relation to a person or class of persons specified in the instrument of delegation; or 25 (b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. (3) A person to whom a power, duty or function has 30 been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function.
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(4) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subsection (3) as if it were a delegation. 48 Appointment of member 5 (1) The Governor in Council may, on the recommendation of the Premier and the Minister, by Order in Council published in the Government Gazette appoint a person employed in an office of the Department named in the Order in Council to 10 be the member constituting the Transport Infrastructure Development Agent for the period specified in the Order in Council. (2) An appointment for the purposes of subsection (1) is to be made by reference to the office held by 15 that person and continues to apply to any person who is the holder of that office from time to time. 49 Transport Infrastructure Project Orders (1) The Minister may by Order published in the Government Gazette declare any transport project 20 to be a Transport Infrastructure Project. (2) An Order under subsection (1) may provide for any matter necessary or convenient to give effect to the Order. (3) An Order under subsection (1) takes effect— 25 (a) on the day the Order is published in the Government Gazette; or (b) on a later day specified in the Order.
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Part 3—Administration s. 50
50 Revocation of Transport Infrastructure Project Order The Minister may by Order published in the Government Gazette— 5 (a) revoke an Order made under section 49; and (b) provide for transfer, apportionment, settlement or determination of any real or personal property, income, assets, rights, liabilities or other matters.
10 Division 5—Transfer of transport projects
51 Definitions In this Division— instrument includes a document and an oral agreement; 15 liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; Order in Council means an Order in Council made under section 52 and published in the 20 Government Gazette; property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; 25 rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; transfer date means the date specified under section 52(2) for the purposes of the transfer;
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transport project means any project for the transport system including any Road Transport-Related Project or Transport Infrastructure Project; 5 transferee transport body means the transport body to which a property, liability, right or transport project is to be transferred; transferor transport body means the transport body from which a property, liability, right 10 or transport project is to be transferred. 52 Transfer of transport project (1) The Governor in Council may, on the recommendation of the Minister and the Treasurer, by Order in Council— 15 (a) transfer any property, rights and liabilities specified in the Order in Council of a transferor transport body specified in the Order in Council to a transferee transport body specified in the Order in Council; 20 (b) transfer any property, rights and liabilities specified in the Order in Council of a transferor transport body specified in the Order in Council in relation to a transport project specified in the Order in Council to a 25 transferee transport body specified in the Order in Council. (2) The Order in Council must specify the transfer date on which the transfer is to take effect. (3) Nothing in this section affects or limits any 30 approval, agreement or other authority that a transferor transport body or transferee transport body may require or need to obtain before it can be a party to the transfer.
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53 Transfer subject to encumbrances Unless the Order in Council otherwise provides, if under the Order in Council property and rights vest in the transferee transport body or liabilities 5 become liabilities of the transferee transport body— (a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; 10 and (b) the rights to which the transferor transport body was entitled in respect of those liabilities immediately before they ceased to be liabilities of the transferor transport body 15 vest in the transferee transport body. 54 Substitution of party to agreement If, under an Order in Council the rights and liabilities of the transferor transport body under an agreement are transferred to the transferee 20 transport body— (a) the transferee transport body becomes, on the transfer date, a party to the agreement in place of the transferor transport body; and (b) on and after the transfer date, the agreement 25 has effect as if the transferee transport body had always been a party to the agreement. 55 Instruments Each transferor transport body instrument relating to property, rights or liabilities transferred to the 30 transferee transport body continues to have effect according to its tenor on and after the transfer date as if a reference in the instrument to the transferor transport body were a reference to the transferee transport body.
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56 Proceedings If, immediately before the transfer date, proceedings relating to property, rights or liabilities transferred to the transferee transport 5 body (including arbitration proceedings) to which the transferor transport body was a party were pending or existing in any court or tribunal, then, on and after the transfer date, the transferee transport body is substituted for the transferor 10 transport body as a party to the proceedings and has the same rights in the proceedings as the transferor transport body had. 57 Interests in land Without affecting the generality of this Division 15 and despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities) or law, if, immediately before the transfer date, the transferor transport body is, in relation to property, rights or liabilities 20 transferred to the transferee transport body, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the transfer date— (a) the transferee transport body is deemed to be 25 the registered proprietor of that interest in land; and (b) the transferee transport body has the same rights and remedies in respect of that interest as the transferor transport body had. 30 58 Action by Registrar of Titles On being requested to do so and on delivery of any relevant instrument, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this 35 Division.
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Part 3—Administration s. 59
59 Taxes No stamp duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction 5 connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities under an 10 Order in Council. 60 Evidence Documentary or other evidence that would have been admissible for or against the interests of the transferor transport body in relation to property, 15 rights or liabilities transferred to the transferee transport body is admissible for or against the interests of the transferee transport body. 61 Transfer of employees (1) This section applies to an employee who is not 20 employed under Part 3 of the Public Administration Act 2004. (2) If as a result of an Order in Council it is necessary to transfer any employees from the transferor transport body to the transferee transport body, the 25 Secretary must list in writing the persons who were employed by the transferor transport body before the transfer date and who the Secretary determines should be transferred to the transferee transport body.
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(3) An employee transferred under this section is to be regarded as— (a) being employed by the transferee transport body with effect from the transfer date; 5 (b) having been so employed on the same terms and conditions as those that applied to the person immediately before the transfer date; (c) having accrued an entitlement to benefits in connection with that employment that is 10 equivalent to the entitlement that the person had accrued immediately before the transfer date. (4) The service of an employee transferred under this section is to be regarded for all purposes as having 15 been continuous with the service of the employee immediately before the transfer date. (5) An employee transferred under this section is not entitled to receive any payment or other benefit by reason only of having ceased to be employed by 20 the transferor transport body because of the operation of this Division. (6) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the transfer date, 25 employed by virtue of this section by the transferee transport body, is admissible in evidence in any proceedings as evidence of the matters stated in it. (7) The superannuation entitlements of any person 30 who is transferred under this section are to be taken not to be affected by that person being transferred.
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(8) Nothing in this section prevents— (a) any of the terms and conditions of employment of a person transferred under this section from being altered by or under 5 any law, award or agreement with effect from any time after the transfer date; or (b) a person transferred under this section from resigning or being dismissed at any time after the transfer date in accordance with the 10 then existing terms and conditions of his or her employment with the transferee transport body. 62 Validity of things done under this Division Nothing effected by, or done or suffered under, 15 this Division— (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or 20 (b) is to be regarded as placing any person in breach of or as constituting a default under any Act (other than the Charter of Human Rights and Responsibilities) or other law or any provision in any agreement, arrangement 25 or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or 30 (c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or
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(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a 5 change in the beneficial or legal ownership of any property, right or liability; or (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or 10 (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligee wholly or in part from any obligation. ______
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Part 4—Planning s. 63
PART 4—PLANNING
63 Victorian Transport Plan (1) The Department must prepare and periodically revise the Victorian Transport Plan for the 5 Minister. (2) The Victorian Transport Plan must— (a) be prepared and revised having regard to the vision statement, transport system objectives and decision making principles; 10 (b) include explicit links to the vision statement and transport system objectives; (c) set out the policy context for the Victorian Transport Plan including transport and land use policies and the impacts of those 15 policies; (d) demonstrate an integrated approach to transport and land use planning; (e) identify the challenges that the Victorian Transport Plan seeks to address; 20 (f) include medium to long term strategic directions, priorities and actions; (g) include a short term action plan that is regularly updated. (3) The Minister may direct the Department to 25 prepare a revision of the Victorian Transport Plan. (4) The Minister may publish the Victorian Transport Plan as revised from time to time. (5) The Victorian Transport Plan published by the Government in 2008 is deemed to have been 30 prepared under this section.
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Part 4—Planning s. 64
64 Corporate Plans (1) The Department must— (a) prepare a corporate plan which specifies the outlook for a 3 year period; 5 (b) submit the corporate plan to the Minister. (2) The Department must ensure that the corporate plan— (a) gives effect to the objects of the Department; (b) supports the vision statement and seeks to 10 implement the transport system objectives; (c) specifies strategic priorities and performance measures for the transport system. (3) A transport body to which this section applies must— 15 (a) prepare a corporate plan which specifies the outlook for a period of not less than 3 years; (b) submit the corporate plan to the Minister. (4) A transport body to which this section applies must ensure that the corporate plan— 20 (a) gives effect to the object of the transport body; (b) supports the vision statement and seeks to implement the transport system objectives; (c) is consistent with the strategic priorities and 25 performance measures specified in the Department's corporate plan. (5) A transport body to which this section applies must when preparing its corporate plan— (a) consult with the Department;
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(b) consult with any other transport body which may be affected by the corporate plan so as to ensure that any possible effects are dealt with in an agreed manner. 5 (6) The Department must provide assistance to transport bodies and facilitate consultation between transport bodies to enable them to comply with this section. (7) In this section— 10 corporate plan means an annual plan that includes— (a) challenges, priorities and strategies; (b) performance measures; (c) major initiatives and projects; 15 transport body to which this section applies means— (a) a transport corporation; (b) a transport safety agency; (c) a transport system agency. ______
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Part 5—Transport System Agencies s. 65
PART 5—TRANSPORT SYSTEM AGENCIES
Division 1—Director of Public Transport
65 Director of Public Transport (1) There is to be a Director of Public Transport 5 employed under Part 3 of the Public Administration Act 2004. (2) The person who is the Director of Public Transport immediately before the commencement of this section under section 8 of the Transport 10 Act 1983 (as in force immediately before the commencement of this section) continues, subject to this Act, to be the Director of Public Transport. 66 Object of Director of Public Transport (1) The primary object of the Director of Public 15 Transport is to provide, operate and maintain the public transport system consistent with the vision statement and the transport system objectives. (2) Without limiting the generality of subsection (1), the primary object includes the following— 20 (a) to ensure, in collaboration with other transport bodies and public entities, that the public transport system operates as part of an integrated transport system which seeks to meet the needs of all transport system users; 25 (b) to manage the public transport system in a manner which supports a sustainable Victoria by— (i) seeking to increase the share of public transport trips as a proportion of all 30 transport trips in Victoria;
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(ii) while seeking to give effect to subparagraph (i), also seeking to improve the environmental performance and minimise the adverse 5 environmental impacts of the public transport system; (c) to contribute to social wellbeing by providing access to opportunities and supporting liveable communities; 10 (d) to promote economic prosperity through efficient and reliable movement of public transport users while also supporting rail freight services; (e) in collaboration with relevant bodies 15 including the Roads Corporation, public transport operators, Victorian Rail Track, Municipal Councils, the Director, Transport Safety, the Department of Justice and Victoria Police, to improve the safety of 20 public transport for public transport users. 67 Functions of the Director of Public Transport (1) The functions of the Director of Public Transport are to— (a) construct, maintain or vary, or assist other 25 transport bodies to construct, maintain or vary, public transport infrastructure, including rail infrastructure, roads, road- related infrastructure, roadsides and other transport assets; 30 (b) plan for the public transport system as part of an integrated transport system; (c) develop and implement policies and strategies to improve the safety and security of the public transport system;
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(d) develop and implement operational policies, plans, guidelines, standards, limits and practices for the public transport system and related matters consistent with strategic 5 policies and plans of the Department; (e) provide and operate, or facilitate the provision and operation of, public transport including by— (i) entering and managing contracts for 10 passenger services and other ancillary or incidental transport services; (ii) operating passenger services and other ancillary or incidental transport services; 15 (iii) purchasing, putting into service and maintaining rolling stock, buses or other vehicles for passenger services or other transport services; (f) provide licensing and accreditation services 20 for the public transport system and related matters; (g) provide advice to the Secretary to assist in the development of strategic policy and legislation relating to the transport system 25 and related matters; (h) monitor and report to the Minister on whether the provision of passenger services meets Government, contractual and community expectations; 30 (i) protect future options for the improvement of the transport system including holding, retaining and reserving land for future rail corridors for passenger and rail freight services;
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(j) develop and implement effective environmental policies, strategies and management systems consistent with the strategic policy of the Department to support 5 a sustainable transport system, including minimising any adverse environmental impacts from the public transport system; (k) provide, or arrange for the provision and dissemination of, information to Victorians 10 about public transport matters including services, fares and timetables; (l) perform any other functions or duties conferred on the Director of Public Transport by any other Act or any regulations under 15 any other Act. (2) In performing the functions conferred on the Director of Public Transport, the Director of Public Transport must— (a) engage with stakeholders so as to ensure 20 better outcomes for all Victorians; (b) conduct research and collect information relating to the performance of the functions and the operation of the public transport system so as to enable the Director of Public 25 Transport to meet the object of the Director of Public Transport; (c) efficiently deal with, or make arrangements for dealing with, any complaints relating to the performance of the functions of the 30 Director of Public Transport or the performance of a public transport operator.
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68 Powers of the Director of Public Transport (1) The Director of Public Transport has power, on behalf of the Crown, to do all things that are necessary or convenient to be done for or in 5 connection with, or as incidental to, the achievement of the object of the Director of Public Transport and the performance of his or her functions. (2) Without limiting the generality of subsection (1), 10 the Director of Public Transport may on behalf of the Crown— (a) conduct or undertake the general administration of arrangements entered into with a body corporate to provide passenger 15 services or other transport services in connection with the functions of the Director of Public Transport; (b) enter into any agreement or contract to support the provision of passenger services 20 or other transport services in connection with the functions of the Director of Public Transport; (c) enter into any lease or licence to support the provision of passenger services or other 25 transport services in connection with the functions of the Director of Public Transport; (d) acquire, own, build, maintain and operate public transport infrastructure and related infrastructure; 30 (e) enter into an agreement relating to the allocation of revenue which is derived from the provision of any passenger services or other transport services; (f) give indemnities, guarantees, releases and 35 charges, and anything else of a similar nature;
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(g) exercise the powers conferred on the Director of Public Transport by any other Act or any regulations under any other Act. (3) Without limiting the generality of subsection (1), 5 the Director of Public Transport may on behalf of the Crown— (a) acquire, hold or dispose of real or personal property; (b) participate in the formation of a corporation, 10 trust, partnership or other body; (c) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation; (d) become a member of a company limited by 15 guarantee; (e) subscribe for or otherwise acquire, and hold and dispose of, units in a trust; (f) acquire, and hold and dispose of, an interest in a partnership or other body; 20 (g) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or 25 about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the Director of Public Transport; (h) acquire (whether by creation, lease, licence, 30 receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trademark, patent, design, copyright (including an associated 35 moral right), plant breeder's right, circuit
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layout right, trade secret, or right arising from confidential information); (i) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or 5 dispose of, any intellectual property right; (j) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; 10 (k) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright; (l) engage consultants, contractors or agents; (m) act as an agent of another person. 15 (4) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on the Director of Public Transport. 69 Powers in relation to land 20 (1) The Director of Public Transport may, on behalf of the Crown— (a) acquire, hold or dispose of land; and (b) otherwise deal with any land held by the Director of Public Transport. 25 (2) Any acquisition (including any compulsory acquisition under section 71) or disposition of or other dealing with land by the Director of Public transport on behalf of the Crown must be made in the name of "Director of Public Transport". 30 (3) Without limiting subsection (1), the Director of Public Transport may, on behalf of the Crown, dispose of or otherwise deal with land that is held by the Director of Public Transport and was acquired under this Act or the Transport Act
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1983 (as in force immediately before the commencement of this section) in the name of "Director of Public Transport" by any person who previously held, acted in or performed the duties 5 of, the office of Director of Public Transport. 70 Recording of dealings (1) If the Director of Public Transport acquires any land on behalf of the Crown, any recording in the Register by the Registrar of Titles of the 10 acquisition must be made in the name of "Director of Public Transport" as registered proprietor. (2) If the Director of Public Transport, on behalf of the Crown, disposes of or otherwise deals with any land held in the name of "Director of Public 15 Transport", any recording in the Register by the Registrar of Titles of the disposition or dealing must be made in the name of "Director of Public Transport". (3) If the Director of Public Transport, on behalf of 20 the Crown, lodges with the Registrar of Titles any dealing in relation to any land, the Registrar must make any recording in relation to that dealing in the name of "Director of Public Transport". (4) To avoid doubt, land acquired in fee simple by the 25 Director of Public Transport on behalf of the Crown is Crown land. (5) Despite subsection (4) and anything to the contrary in the Land Act 1958 or the Transfer of Land Act 1958, if land acquired by the Director 30 of Public Transport on behalf of the Crown— (a) is under the operation of the Transfer of Land Act 1958, it remains under the operation of that Act; and (b) is not under the operation of the Transfer of 35 Land Act 1958, it may be brought under the operation of that Act.
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71 Compulsory acquisition of land (1) Subject to the approval of the Minister, the Director of Public Transport may on behalf of the Crown compulsorily acquire any land which is or 5 may be required by the Director of Public Transport for or in connection with the performance of his or her functions or the exercise of his or her powers. (2) The Land Acquisition and Compensation Act 10 1986 applies to this Act and for that purpose— (a) the Transport Integration Act 2009 is the special Act; (b) the Director of Public Transport is the Authority; 15 (c) land includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land; (d) section 75 of the Land Acquisition and 20 Compensation Act 1986 has effect as if it empowered the Authority to enter any land and section 75(6) did not apply. (3) In full or part settlement of any compensation that the Director of Public Transport is liable to pay, 25 the Director of Public Transport may on behalf of the Crown— (a) transfer a building from land owned by a person entitled to the compensation to other land owned either by that person or by the 30 Director of Public Transport on behalf of the Crown; or
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(b) transfer a building from land owned by the Director of Public Transport on behalf of the Crown to other land owned either by the Director of Public Transport on behalf of the 5 Crown or by a person entitled to the compensation. (4) If the Director of Public Transport acquires any land compulsorily under this section— (a) the Director of Public Transport may on 10 behalf of the Crown require the owner of the land to take any land adjoining it that is owned by the Director of Public Transport on behalf of the Crown and is no longer required by the Director on behalf of the 15 Crown; and (b) the value of that adjoining land must be deducted from any sum to be paid by way of compensation to the owner for the compulsory acquisition; and 20 (c) if that value cannot be agreed between the Director of Public Transport on behalf of the Crown and the owner it must be settled in the same manner and at the same time as the compensation to be paid to the owner. 25 72 Easements (1) If any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by the Director of Public Transport on behalf of the Crown, it is deemed for all purposes 30 to be an easement even though there is no land vested in or held by the Director of Public Transport on behalf of the Crown that is in fact benefited or capable of being benefited by that right.
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(2) If by or under this Act any private right of way or easement is extinguished or any easement is acquired by the Director of Public Transport on behalf of the Crown— 5 (a) the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and (b) the holder of any relevant certificate of title 10 must deliver it to the Registrar of Titles. (3) Subsection (2) does not apply to an easement acquired compulsorily by the Director of Public Transport on behalf of the Crown. 73 Director of Public Transport may use Crown lands 15 reserved under Crown Land (Reserves) Act 1978 (1) The Director of Public Transport may use any Crown land for transport purposes with the approval of the Minister administering the Act relating to the management or use of the land 20 given by the Minister in accordance with any requirements which apply under that Act. (2) If any Crown land proposed to be so used by the Director of Public Transport is reserved under the Crown Land (Reserves) Act 1978 for a purpose 25 which is inconsistent with that use, the Director of Public Transport must not use the land unless and until the reservation is revoked in accordance with section 9 of that Act. 74 Extra-territoriality 30 The Director of Public Transport may also perform the functions and exercise the powers conferred on the Director of Public Transport outside Victoria.
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75 Directions (1) The Director of Public Transport— (a) is subject to the general direction and control of the Minister; and 5 (b) must comply with any specific direction given by the Minister. (2) The Director of Public Transport cannot be given any direction by the Minister or the Secretary as to the quantum of any amount payable under 10 section 68 of the Rail Management Act 1996 for breach of a civil penalty provision within the meaning of that section. 76 Contingency planning for exercise of certain powers The Director of Public Transport must develop 15 and maintain a contingency plan for the possible exercise of a power under section 67(1)(e)(ii). 77 Director of Public Transport to conduct cost-benefit analysis of relevant rail safety projects (1) This section applies to a relevant rail safety 20 project in relation to which— (a) the Director, Transport Safety makes a rail safety recommendation; and (b) the Director of Public Transport considers may have the effect of resulting in significant 25 costs or expenses being incurred by the Crown. (2) The Director of Public Transport, before undertaking or funding a relevant rail safety project the subject of a rail safety 30 recommendation, must— (a) conduct or cause to be conducted a cost- benefit analysis of the relevant rail safety project; and
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(b) consult with— (i) the Premier, the Treasurer and any other Minister whose area of responsibility may be affected by the 5 proposed rail safety project; and (ii) any other person specified in guidelines prepared under section 78. (3) The cost-benefit analysis and consultation must be conducted— 10 (a) in accordance with guidelines prepared under section 78; and (b) before the Director of Public Transport undertakes or funds the relevant rail safety project. 15 78 Guidelines for cost-benefit analysis and consultation (1) The Minister may prepare guidelines for the purposes of cost-benefit analysis and consultation conducted under section 77. (2) Before preparing guidelines under this section the 20 Minister must consult with the Premier and the Treasurer. (3) Guidelines prepared under this section may— (a) include guidelines about the methodology to be applied in a cost-benefit analysis 25 conducted under section 77; (b) require the Director of Public Transport to obtain an independent assessment about the methodology to be applied in a cost-benefit analysis that is conducted under section 77; 30 (c) include guidelines about the procedure for consultation under section 77.
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79 Delegation by Director of Public Transport (1) The Director of Public Transport by instrument may delegate to any person any power, duty or function of the Director of Public Transport under 5 any Act or regulations including, subject to subsection (3), this power of delegation. (2) A delegation under this section may be made— (a) in relation to a person or class of persons specified in the instrument of delegation; or 10 (b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. (3) A person to whom a power, duty or function has 15 been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function. 20 (4) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subsection (3) as if it were a delegation.
Division 2—Roads Corporation
80 Roads Corporation 25 (1) The Roads Corporation established under section 15 of the Transport Act 1983 (as in force immediately before the commencement of this section) is continued under this Act. (2) The Roads Corporation consists of one member 30 appointed by the Governor in Council as Chief Executive of the Roads Corporation.
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(3) The Chief Executive of the Roads Corporation is responsible for the management of the functions of the Roads Corporation consistent with the primary object of the Roads Corporation. 5 (4) The Roads Corporation— (a) is a body corporate with perpetual succession; (b) has an official seal; (c) may sue and be sued; 10 (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. 81 Official seal 15 (1) The official seal of the Roads Corporation must— (a) be kept in such custody as the Roads Corporation directs; (b) not be used except as authorised by the Roads Corporation. 20 (2) All courts must take judicial notice of the official seal of the Roads Corporation affixed to any document. 82 Trading name Despite anything to the contrary in the Business 25 Names Act 1962 or any other Act or law, the Roads Corporation may carry on business under the name "VicRoads". 83 Roads Corporation represents the Crown In performing its functions and exercising its 30 powers, the Roads Corporation represents the Crown.
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84 Chief Executive of the Roads Corporation (1) The Governor in Council may appoint a person to the office of Chief Executive of the Roads Corporation and may at any time remove or 5 suspend a person from that office. (2) The person who immediately before the commencement of this section is the Chief Executive of the Roads Corporation under clause 1(1) of Schedule 1A to the Transport Act 10 1983 (as in force immediately before the commencement of this section) continues, subject to this Act, to be the Chief Executive of the Roads Corporation. (3) The Chief Executive of the Roads Corporation 15 may resign from the office in writing signed by the Chief Executive and delivered to the Governor in Council. (4) If the Chief Executive of the Roads Corporation is unable, whether because of illness, suspension, 20 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. (5) A person appointed under this section to act in the 25 place of the Chief Executive of the Roads Corporation while so acting— (a) has all the rights and powers, and must perform all the duties, of the Chief Executive of the Roads Corporation; and 30 (b) is to be paid any remuneration and travelling 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 Executive of the 35 Roads Corporation.
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(6) The Chief Executive of the Roads Corporation— (a) holds office— (i) for the period (not more than 5 years) that is specified in his or her instrument 5 of appointment and is eligible to be re-appointed; (ii) on the terms and conditions specified in his or her instrument of appointment; (b) is entitled to be paid any remuneration and 10 travelling and other allowances fixed from time to time by the Governor in Council; (c) is to be appointed on a full-time basis. (7) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Chief Executive 15 of the Roads Corporation in respect of the office of the Chief Executive of the Roads Corporation. 85 Validity of acts or decisions An act or decision of the Roads Corporation is not invalid only— 20 (a) because of a vacancy in the office of Chief Executive; or (b) because of a defect or irregularity in, or in connection with, the appointment of the Chief Executive; or 25 (c) in the case of a person appointed to act as the Chief Executive, on the grounds that the occasion for the person so acting had not arisen or had ceased. 86 Object of the Roads Corporation 30 (1) The primary object of the Roads Corporation is to provide, operate and maintain the road system consistent with the vision statement and the transport system objectives.
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(2) Without limiting the generality of subsection (1), the primary object includes the following— (a) to ensure, in collaboration with other transport bodies and public entities, that the 5 road system operates as part of an integrated transport system which seeks to meet the needs of all transport system users; (b) to manage the road system in a manner which supports a sustainable Victoria by— 10 (i) seeking to increase the share of public transport, walking and cycling trips as a proportion of all transport trips in Victoria; (ii) while seeking to give effect to 15 subparagraph (i), also seeking to improve the environmental performance and minimise the adverse environmental impacts of the road system; 20 (c) to contribute to social wellbeing by providing access to opportunities and supporting liveable communities; (d) to promote economic prosperity through efficient and reliable movement of persons 25 and goods; (e) in collaboration with relevant bodies including other road authorities, Victoria Police, the Transport Accident Commission, the Director of Public Transport, the 30 Director, Transport Safety, the Department and the Department of Justice, to improve the safety of the road system for road users and seek to reduce deaths and injuries.
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87 Functions of the Roads Corporation (1) The functions of the Roads Corporation are to— (a) construct, maintain or vary roads, rail infrastructure and other transport assets; 5 (b) provide and maintain roadsides; (c) plan for the road system as part of an integrated transport system; (d) lead in the development and implementation of strategic and operational policies and 10 plans to improve the safety of the road system for all users, including through— (i) works to improve the safety of road and road-related infrastructure; (ii) information and advice on the safety of 15 motor vehicles and motor vehicle standards; (iii) education and training to improve the safety of road user behaviour; (iv) enforcement activities; 20 (v) road safety legislation, regulations, standards, guidelines and practices; (e) develop and implement operational policies and plans, including through legislation, regulations, standards, guidelines and 25 practices, for the road system and related matters consistent with the strategic policies and plans of the Department; (f) operate the road system by managing access and controlling use, including by— 30 (i) installing, operating and maintaining road and road-related infrastructure such as signals, signage, line markings,
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intelligent transport systems and other road management systems; (ii) implementing road space allocation measures to give priority to particular 5 modes of transport at certain times on specified roads or parts of roads; (iii) managing road works and incidents and events on roads in a manner which minimises disruption to the road 10 system; (iv) implementing an appropriate enforcement strategy; (g) provide registration, licensing and accreditation services for the transport 15 system and related matters; (h) provide technical, project management, consultancy and information services related to the transport system, including on a commercial basis consistent with 20 government policy; (i) provide advice to the Secretary to assist in the development of strategic policy and legislation relating to the transport system and related matters; 25 (j) protect future options for the improvement of the transport system including reserving land for future transport corridors; (k) develop and implement effective environmental policies, strategies and 30 management systems consistent with the strategic policy of the Department to support a sustainable transport system, including minimising any adverse environmental impacts from the road system;
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(l) provide and disseminate information to Victorians about the road system and related matters, including on a commercial basis consistent with government policy; 5 (m) perform any other functions or duties conferred on the Roads Corporation by any other Act or any regulations under any other Act. (2) In performing the functions conferred on the 10 Roads Corporation, the Roads Corporation must— (a) engage with stakeholders so as to ensure better outcomes for all Victorians; (b) conduct research and collect information 15 relating to the performance of the functions and the operation of the road system so as to enable the Roads Corporation to meet the primary object of the Roads Corporation; (c) efficiently deal with any complaints relating 20 to the performance of its functions. (3) With the approval of the Minister, the Roads Corporation may perform the functions specified in subsections (1)(g) and (1)(h) for any purpose unrelated to the transport system including law 25 enforcement. 88 Powers of the Roads Corporation (1) The Roads Corporation has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the 30 achievement of the object of the Roads Corporation and the performance of its functions.
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(2) Without limiting the generality of subsection (1), the Roads Corporation may— (a) enter into any agreement or contract; (b) enter into any lease or licence; 5 (c) participate in the formation of a corporation, trust, partnership or other body; (d) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation; 10 (e) become a member of a company limited by guarantee; (f) subscribe for or otherwise acquire, and hold and dispose of, units in a trust; (g) acquire, and hold and dispose of, an interest 15 in a partnership or other body; (h) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any 20 person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction relating to, or connected with, any function of the Roads Corporation; (i) make any land or other property vested or 25 managed by the Roads Corporation or any person employed by the Roads Corporation available for use or engagement by any other person; (j) give an indemnity as part of entering into an 30 agreement, contract, lease or licence; (k) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property
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right (for example, a trademark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising 5 from confidential information); (l) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right; (m) seek any remedy in relation to, or do 10 anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; (n) seek any remedy in relation to, or do anything necessary to enforce, protect, 15 maintain or exploit any Crown copyright; (o) engage consultants, contractors or agents; (p) act as an agent of another person. (3) Without limiting the generality of subsection (1), the Roads Corporation may exercise the powers 20 conferred on the Roads Corporation by any other Act or regulations under any other Act. (4) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on the Roads Corporation. 25 89 Powers in relation to non-transport system functions Without limiting or derogating from any other powers of the Roads Corporation, the Roads Corporation has the following powers for the purposes of performing the functions specified in 30 section 87(3)— (a) to apply for, obtain and hold intellectual property rights (including patents, copyrights, trade marks and registered designs);
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(b) to enter into agreements or arrangements for the commercial exploitation within or outside Victoria of those intellectual property rights and ancillary services on any terms or 5 conditions as to royalties, lump sum payments or otherwise as the Roads Corporation determines; (c) to enter into agreements or arrangements within or outside Victoria for the provision 10 by the Roads Corporation of administration, management or information systems or services. 90 Roads Corporation may employ persons (1) The Roads Corporation may employ any persons 15 for the purpose of carrying out the object, functions, powers and duties of the Roads Corporation. (2) Persons employed by the Roads Corporation are to be employed on the terms and conditions 20 determined by the Roads Corporation and approved by the Minister. 91 Disposal of assets in exchange for lease The Roads Corporation may, with the approval of the Minister administering Part 7 of the Financial 25 Management Act 1994 and the Minister, dispose of any real or personal property under an arrangement by which the Roads Corporation is to take a lease of the property disposed of or of any other real or personal property.
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92 Roads Corporation may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978 (1) The Roads Corporation may use any Crown land 5 for transport purposes with the approval of the Minister administering the Act relating to the management or use of the land given by the Minister in accordance with any requirements which apply under that Act. 10 (2) If any Crown land proposed to be so used or managed by the Roads Corporation is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use or management, the Roads Corporation can not use 15 or manage the land unless and until the reservation is revoked in accordance with section 9 of that Act. (3) The Roads Corporation must make compensation, in respect of the use or management under this 20 section by the Roads Corporation of any Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose inconsistent with that use, in the manner and to the extent agreed upon by the Roads Corporation and the Minister administering 25 the Crown Land (Reserves) Act 1978. (4) An agreement under subsection (3) may provide for— (a) the payment by the Roads Corporation of a sum of money as agreed upon by the Roads 30 Corporation and the Minister administering the Crown Land (Reserves) Act 1978; or (b) the undertaking of works or the making of provision by the Roads Corporation in place of any improvements on the land as agreed 35 upon by the Roads Corporation and the
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Minister administering the Crown Land (Reserves) Act 1978; or (c) both the payment of a sum of money in accordance with paragraph (a) and the 5 undertaking of works or the making of provision in accordance with paragraph (b). (5) If an agreement under subsection (3) provides for the payment of a sum of money, that money must, unless the Minister administering the Crown 10 Land (Reserves) Act 1978 otherwise directs, be paid to that Minister. (6) The Minister administering the Crown Land (Reserves) Act 1978 may direct that money to be paid under an agreement under subsection (3) 15 must be— (a) paid to— (i) the trustees in whom or the Council in which the land is vested; or (ii) the committee of management 20 appointed in respect of the land; or (iii) the authority under whose control and management the land has been placed pursuant to section 18 of the Crown Land (Reserves) Act 1978; or 25 (iv) any other person or persons as are agreed upon by the Roads Corporation and the Minister administering the Crown Land (Reserves) Act 1978; and 30 (b) applied as directed by the Minister. (7) If any dispute arises as to the amount of any sum of money payable under this section, that dispute is to be determined by the Governor in Council.
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93 Grant of unalienated Crown land (1) This section applies to any land vested in the Roads Corporation under this Act or the Transport Act 1983 (as in force immediately 5 before the commencement of this section) which was immediately prior to its use or management for transport purposes unalienated land of the Crown whether set apart as a government road or not. 10 (2) Subject to subsection (3), the Governor in Council, on the recommendation of the Minister administering section 22A of the Land Act 1958 may grant that land to the Roads Corporation subject to any conditions, exceptions and 15 reservations as the Governor in Council considers appropriate. (3) This section is subject to section 8 of the Crown Land (Reserves) Act 1978 and section 349 of the Land Act 1958. 20 94 Surplus land (1) The Roads Corporation may with the approval of the Minister— (a) sell any surplus land; (b) grant leases of any surplus land, or in the 25 case of the Secretary, the Director of Public Transport, Victorian Rail Track or V/Line Corporation, grant a lease of any land for nominal consideration, and may do so notwithstanding that the land is land which 30 was granted to the Roads Corporation or to any other person subject to a trust or condition requiring it to be used for some particular purpose or land temporarily or permanently reserved for any purpose under 35 the Crown Land (Reserves) Act 1978 or any previous Act relating to Crown land;
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(c) develop any surplus land and for this purpose may— (i) subdivide and re-subdivide the land; (ii) consolidate the title to the land; 5 (iii) grant or create in favour of any person any easement over the land upon the terms and conditions that the Roads Corporation considers appropriate; (iv) effect or arrange with other persons for 10 the development of the land upon the terms and conditions that the Roads Corporation considers appropriate; (v) maintain, operate and manage, or arrange with other persons to maintain, 15 operate and manage, the land and any buildings, works, structures and other property on the land; (vi) promote a Property Trust and— (A) with the consent of the Minister 20 administering Part 7 of the Financial Management Act 1994, subscribe for or otherwise acquire and dispose of any unit or units in the Trust; 25 (B) enter into arrangements with the Trust for the management by the Roads Corporation of the Trust; (C) enter into contracts with the Trust as the Roads Corporation 30 considers are necessary to guarantee to unit holders in the Trust an agreed return; (D) make loans to the Trust on the terms the Roads Corporation 35 considers appropriate.
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(2) Any Property Trust promoted under this section must provide that the trustees are to be appointed by the Minister. (3) In this section— 5 develop means improve land for any commercial or civic or other public or private purpose, including by the construction, demolition or substantial alteration of any structure in or upon the land or the excavation of the land; 10 surplus land means land which— (a) is vested in the Roads Corporation; and (b) is no longer required for transport purposes. 95 Acquisition of land or interest in land to achieve 15 environmental sustainability (1) The power conferred by this section is in addition to, and does not limit, any other power conferred on the Roads Corporation. (2) The Roads Corporation may acquire by 20 negotiation any land or interest in any land which the Roads Corporation considers is reasonably necessary to avoid, minimise and offset harm to the local and global environment arising out of the performance of its functions or the exercise of its 25 powers. 96 Power to enter building The Roads Corporation may after giving 7 days notice in writing to the occupier of a building— (a) enter the building at any reasonable hour in 30 the day-time; (b) inspect, make measurements and drawings and take photographs of the building;
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(c) take any other measures the Roads Corporation considers are necessary to ascertain the construction and condition of the building. 5 97 Extra-territoriality (1) The Roads Corporation may also perform its functions and exercise its powers outside Victoria. (2) Subject to any directions given, and conditions imposed, by the Minister, the Roads Corporation 10 may also perform its functions and exercise its powers outside Australia. 98 Directions (1) The Roads Corporation is subject to— (a) the general direction and control of the 15 Minister; and (b) any specific directions given by the Minister. (2) If the Roads Corporation has been given a specific direction by the Minister, the Roads Corporation may publish the direction in the Government 20 Gazette. 99 Minister to set quantitative targets (1) The Minister must after consultation with the Roads Corporation make a written determination of the quantitative targets to be attained by the 25 Roads Corporation in a financial year. (2) The Minister must cause a copy of a determination of quantitative targets made by the Minister under subsection (1) to be— (a) served on the Roads Corporation as soon as 30 practicable after it is made; (b) laid before both Houses of Parliament as soon as practicable after it has been served on the Roads Corporation.
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(3) The Minister— (a) may at any time amend a determination of quantitative targets made under subsection (1); 5 (b) must cause a copy of the amendment to be— (i) served on the Roads Corporation as soon as practicable after it is made; (ii) laid before both Houses of Parliament as soon as practicable after it has been 10 served on the Roads Corporation. (4) A reference in this Act to quantitative targets determined by the Minister under subsection (1) is to be construed as a reference to those quantitative targets as amended from time to time by the 15 Minister under subsection (3). (5) The Roads Corporation must so far as is practicable in each financial year attain the quantitative targets determined by the Minister under subsection (1) in relation to that financial 20 year. 100 Treasurer or Minister to provide information (1) The Treasurer or the Minister administering Part 7 of the Financial Management Act 1994 (or the Treasurer and that Minister acting jointly, as the 25 case requires) must as soon as practicable after 1 May supply to the Minister information as to any guidelines, targets and parameters to be taken into account by the Roads Corporation in the preparation of its budgets for the next financial 30 year. (2) The Minister must provide the information received under subsection (1) to the Roads Corporation.
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101 Roads Corporation to prepare budgets (1) The Roads Corporation must submit to the Minister before the date fixed by the Minister an operating budget and a capital works budget for 5 the relevant financial year. (2) The budgets must be in the form and contain the matters required by the Minister after consultation with the Minister administering Part 7 of the Financial Management Act 1994. 10 (3) Before the Roads Corporation submits the proposed budgets to the Minister, the Roads Corporation must— (a) liaise with the Department in preparing the budgets; 15 (b) submit drafts of the proposed budgets to the Department by a date agreed with the Secretary for consideration by the Department. (4) The Minister must— 20 (a) consider the budgets submitted by the Roads Corporation; (b) as soon as practicable advise the Roads Corporation as to whether the Minister approves the budgets or approves the 25 budgets subject to any amendment required by the Minister. (5) The Roads Corporation must operate within the budgets as approved by the Minister for the Roads Corporation for the relevant financial year. 30 (6) If during the course of a financial year— (a) a change has occurred in the budgetary situation of the Roads Corporation which the Roads Corporation or the Minister considers to be a significant change; or
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(b) the Minister considers that revised budgets are necessary— the Roads Corporation must submit to the Minister, on its own initiative or at the Minister's 5 direction, revised budgets for the remainder of the year. (7) Before the Roads Corporation submits the revised budgets to the Minister, the Roads Corporation must— 10 (a) liaise with the Department in preparing the revised budgets; (b) submit drafts of the proposed revised budgets to the Department by a date agreed with the Secretary for consideration by the 15 Department. (8) The Minister must— (a) consider the revised budgets submitted under subsection (6); (b) as soon as practicable, advise the Roads 20 Corporation as to whether the Minister approves the revised budgets or approves the revised budgets subject to any amendment required by the Minister. (9) If revised budgets are approved, the Roads 25 Corporation must operate within the revised budgets from the date that the revised budgets are approved until the end of the financial year. (10) The Roads Corporation must provide to the Minister within the time and in the form requested 30 by the Minister any information which the Minister may request relating to— (a) the budgetary position; (b) the finances and cash position; (c) the workforce position;
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(d) any other factors relevant to the Roads Corporation's operations or capital works program— for the year or for any ensuing year or years. 5 102 Minister to submit budgets Before the Minister approves any budgets or revised budgets, the Minister must— (a) submit the budgets the Minister proposes to approve for the Roads Corporation for the 10 whole financial year to the Minister administering Part 7 of the Financial Management Act 1994 for that Minister's consideration and approval; (b) submit to the Minister administering Part 7 15 of the Financial Management Act 1994 any proposed revised budgets for a portion of a financial year for that Minister's consideration and approval together with an estimate of the result of the budgets for the 20 Roads Corporation for which a revised budget is not proposed. 103 Funding of deficit If— (a) the Treasurer has approved the budgets for 25 the Roads Corporation for the whole financial year as submitted or with any amendment required by the Minister, the Minister administering Part 7 of the Financial Management Act 1994 and the 30 Treasurer; and (b) either or both of those budgets include a deficit— the Treasurer, the Minister and the Minister administering Part 7 of that Act must consider 35 how that deficit is to be funded.
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104 Revised budget If, during the course of a year, the Minister has submitted to the Treasurer and the Minister administering Part 7 of the Financial 5 Management Act 1994 a proposed revised budget for the Roads Corporation for the remainder of the year, the Minister, the Minister administering Part 7 of that Act and the Treasurer must consider that revised budget and the method 10 of funding any changes in deficits in the budget of the Roads Corporation. 105 Interim budgets (1) If at the commencement of a financial year the budget for the Roads Corporation has not been 15 approved, the Roads Corporation must operate within an interim budget agreed to by the Minister, the Minister administering Part 7 of the Financial Management Act 1994 and the Treasurer. 20 (2) Any deficit included in an interim budget may be funded in whole or in part by any appropriation available for the purpose. (3) An interim budget lapses when a final budget is approved for the Roads Corporation. 25 106 Roads Corporation to provide budgetary information If the Minister administering Part 7 of the Financial Management Act 1994 requests through the Minister any information relating to 30 the budgets or budgetary or financial position of the Roads Corporation, the Roads Corporation must as soon as possible provide that information as far as is practicable.
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107 General fund (1) The general fund established under section 66 of the Transport Act 1983 (as in force immediately before the commencement of this section) is 5 continued under this section. (2) The Roads Corporation must maintain the general fund. (3) The Roads Corporation, with the approval of the Minister administering Part 7 of the Financial 10 Management Act 1994, must— (a) open and maintain accounts with any authorised deposit-taking institution or institutions within the meaning of the Banking Act 1959 of the Commonwealth; 15 (b) maintain at least one of those accounts to be used for the purposes of its general fund. (4) Subject to subsection (5), the Roads Corporation must pay into its general fund all trading revenue, interest and other money received by or paid to 20 the Roads Corporation. (5) Subject to subsection (6), the Roads Corporation must pay into the Works and Services Account— (a) all money borrowed by the Roads Corporation under this Act; 25 (b) all money resulting from the disposal by the Roads Corporation of any real or personal property, whether or not under an arrangement by which the Roads Corporation is to enter into a lease of the 30 property so disposed of; (c) the proceeds of any advances or financial accommodation obtained by the Roads Corporation under section 108.
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(6) Subsection (5) does not apply if— (a) the money or proceeds are to be used for the operating or trading activity of the Roads Corporation; or 5 (b) the Minister administering Part 7 of the Financial Management Act 1994 otherwise approves. (7) All payments made by the Roads Corporation must be made out of its general fund. 10 (8) The Roads Corporation may invest money in its general fund in any manner approved by the Minister administering Part 7 of the Financial Management Act 1994. 108 Financial accommodation 15 (1) The Roads Corporation may, with the approval of the Treasurer, obtain financial accommodation by way of overdraft of account at any authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth or 20 other financial institution in Australia. (2) The due repayment or satisfaction of any advances or financial accommodation obtained under this section and the due repayment of any interest or other charges payable in relation thereto is hereby 25 guaranteed by the Government of Victoria. (3) Any money required by the Minister administering Part 7 of the Financial Management Act 1994 for fulfilling any guarantee given by this section or section 76 of 30 the Transport Act 1983 (as in force immediately before the commencement of this section) must be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.
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(4) Any money received or recovered by the Minister administering Part 7 of the Financial Management Act 1994 from the Roads Corporation or otherwise in respect of any money 5 paid by that Minister under subsection (3) must be paid into the Consolidated Fund. 109 Power of Treasurer to execute guarantee (1) The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance 10 of any obligations of the Roads Corporation under a contract to be entered into by the Roads Corporation with that person under this Act or the Transport Act 1983 (as in force immediately before the commencement of this section). 15 (2) The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance of any obligations of any person to whom the rights and liabilities of the Roads Corporation arising under a contract entered into by the Roads 20 Corporation with the first-mentioned person under this Act or the Transport Act 1983 (as in force immediately before the commencement of this section) have been assigned. (3) If the rights and liabilities of the Roads 25 Corporation arising under a contract entered into by the Roads Corporation with a person under this Act or the Transport Act 1983 (as in force immediately before the commencement of this section) have been assigned with the approval of 30 the Treasurer to another person, the Treasurer may amend any guarantee given by him or her under this section or section 77 of the Transport Act 1983 (as in force immediately before the commencement of this section) in respect of that 35 contract so that it extends to guaranteeing the due performance of any obligations of that other person under that contract.
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(4) Any money required by the Treasurer for fulfilling any guarantee given by the Treasurer under this section or section 77 of the Transport Act 1983 (as in force immediately before the 5 commencement of this section) must be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. (5) Any money received or recovered by the Treasurer from the Roads Corporation or 10 otherwise in respect of any money paid by the Treasurer under subsection (4) must be paid into the Consolidated Fund. (6) If the rights and liabilities arising under a contract entered into by the Roads Corporation with a 15 person have been assigned with the approval of the Treasurer to another person, the Treasurer may approve of the assignment to that other person of any guarantee given by the Treasurer under this section or section 77 of the Transport Act 1983 20 (as in force immediately before the commencement of this section) in respect of that contract. 110 Corporate plan (1) The requirements in this section are in addition to 25 the requirements under section 64. (2) The Roads Corporation must give a copy of the proposed corporate plan to the Minister on or before 31 May in each year. (3) The proposed corporate plan must— 30 (a) be in a form approved by the Minister; (b) include a statement of corporate intent in accordance with section 111; (c) include a business plan and financial statements containing any information that 35 the Minister requires.
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(4) The Roads Corporation must consider any comments on the proposed corporate plan that are made by the Minister within 2 months after the proposed corporate plan was submitted to the 5 Minister. (5) The Roads Corporation must— (a) consult in good faith with the Minister following communication to the Roads Corporation of the comments; 10 (b) make such changes to the plan as are agreed between the Minister and the Roads Corporation; (c) deliver the completed corporate plan to the Minister within 2 months after the 15 commencement of the financial year. (6) The corporate plan, or any part of the corporate plan, must not be published or made available except for the purposes of this Part without the prior approval of the Roads Corporation and the 20 Minister. (7) The corporate plan may be modified at any time by the Roads Corporation with the agreement of the Minister. (8) If the Roads Corporation, by written notice to the 25 Minister, proposes a modification to the corporate plan, the Roads Corporation may make the modification unless the Minister, by written notice within 14 days, directs the Roads Corporation not to make the modification. 30 (9) The Minister may, by written notice, direct the Roads Corporation to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters.
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(10) Before giving a direction under this section, the Minister must consult with the Roads Corporation as to the matters referred to in the notice. (11) The Roads Corporation must comply with a 5 direction under this section. (12) At any particular time, the statement of corporate intent, the business plan or the financial statements for the Roads Corporation are the statements and plan last completed, with any 10 modifications or deletions made in accordance with this Division. 111 Statement of corporate intent The statement of corporate intent of the Roads Corporation must specify for the Roads 15 Corporation and its subsidiaries (if any), in respect of the financial year to which it relates and each of the 2 following financial years, the following information— (a) the business objectives of the Roads 20 Corporation and of its subsidiaries; (b) the main undertakings of the Roads Corporation and of its subsidiaries; (c) the nature and scope of the activities to be undertaken by the Roads Corporation and its 25 subsidiaries; (d) the accounting policies to be applied in the accounts; (e) the performance targets and other measures by which the performance of the Roads 30 Corporation and of its subsidiaries may be judged in relation to their stated business objectives; (f) the kind of information to be provided to the Minister by the Roads Corporation during 35 the course of those financial years;
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(g) any other matters as may be agreed on by the Minister and the Roads Corporation. 112 Corporate plan to be followed (1) Unless subsection (2) applies, the Roads 5 Corporation must act only in accordance with its corporate plan. (2) The Roads Corporation must obtain the written approval of the Minister before it can act in any manner that is contrary to its corporate plan. 10 113 Nothing void merely because of non-compliance Nothing done by the Roads Corporation is void or unenforceable merely because the Roads Corporation has failed to comply with section 110, 111 or 112. 15 114 Roads Corporation to give notice of significant events (1) This section applies if the Roads Corporation determines that matters have arisen— (a) that may prevent, or significantly affect, the 20 achievement of the business objectives of the Roads Corporation and its subsidiaries (if any) under the corporate plan; or (b) that may prevent, or significantly affect, the achievement of the targets under the plan. 25 (2) If this section applies, the Roads Corporation must immediately notify the Minister of its determination and the reasons for the determination. 115 Delegation by Roads Corporation 30 (1) The Roads Corporation by instrument may delegate to any person any power, duty or function of the Roads Corporation under any Act or regulations including, subject to subsection (3), this power of delegation.
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(2) A delegation under this section may be made— (a) in relation to a person or class of persons specified in the instrument of delegation; or (b) in relation to the holder, or the holder from 5 time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. (3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject 10 to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function. (4) Sections 42 and 42A of the Interpretation of 15 Legislation Act 1984 apply to a sub-delegation under subsection (3) as if it were a delegation. ______
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PART 6—TRANSPORT CORPORATIONS
Division 1—Victorian Rail Track
116 Victorian Rail Track Victorian Rail Track established under section 8 5 of the Rail Corporations Act 1996 (as in force immediately before the commencement of this section) is continued under this Act. 117 Trading name Despite anything to the contrary in the Business 10 Names Act 1962 or any other Act or law, Victorian Rail Track may carry on business under the name "VicTrack". 118 Victorian Rail Track not to represent the Crown Victorian Rail Track is a public entity, but does 15 not represent the Crown. 119 Object of Victorian Rail Track (1) The primary object of Victorian Rail Track is to act as the custodial owner of the State's transport- related land, infrastructure and assets consistent 20 with the vision statement and the transport system objectives. (2) Without limiting the generality of subsection (1), Victorian Rail Track must ensure that the State's transport-related land, infrastructure and assets are 25 developed and used— (a) primarily to support the transport system; (b) for other purposes which support government policy; (c) only for commercial gain if the development 30 or use will not compromise the current or future transport system.
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120 Functions of Victorian Rail Track (1) The functions of Victorian Rail Track are— (a) to release in a timely and cooperative manner to the Secretary or the Director of Public 5 Transport for nominal consideration any transport-related land, infrastructure and assets required for the transport system and related matters; (b) to act as the custodian and asset manager of 10 the non-operational transport-related land, infrastructure and assets and any other land, infrastructure and assets identified by the Minister; (c) to provide or enable access to the non- 15 operational transport-related land, infrastructure and assets where this supports the transport system, including— (i) for walking and cycling; (ii) for tourist and heritage rail operations; 20 (iii) through the granting of leases for business or community purposes consistent with the object specified in section 119; (d) to manage and support access to transport- 25 related land, infrastructure and assets; (e) without limiting paragraph (b), to ensure that in managing non-operational transport- related land, infrastructure and assets— (i) graffiti, vandalism and litter are 30 managed to reasonably improve public safety and amenity; (ii) fuel build up is managed to reasonably reduce the likelihood of fire;
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(iii) a program of land remediation is undertaken to improve the condition of land and facilitate its future use; (f) to ensure, in collaboration with the 5 Secretary, that transport-related land, infrastructure and assets which are registered as heritage infrastructure and assets in the Victorian Heritage Register are protected and maintained whilst ensuring that reasonable 10 access is provided for public enjoyment and historical appreciation and that support is provided to tourist and heritage operators; (g) if directed to do so by the Minister by Order published in the Government Gazette— 15 (i) operate rolling stock for transport system purposes; (ii) operate services ancillary or incidental to operating rolling stock for transport system purposes; 20 (h) to provide strategic advice and assistance to the Department and other persons in relation to the environmental aspects of sustainable land management and the use of land for specific projects and initiatives related to 25 transport; (i) to develop its telecommunications network and telecommunications services and other information systems and project management services to support the transport 30 system; (j) to maintain accurate and accessible data in respect of transport-related land, infrastructure and assets;
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(k) subject to section 125, to promote the sustainable development of land vested in Victorian Rail Track which is not required for the future development of the transport 5 system; (l) any other functions or duties conferred on Victorian Rail Track by any other Act or any regulations under any other Act. (2) In performing the functions conferred on 10 Victorian Rail Track, Victorian Rail Track must— (a) engage with stakeholders so as to ensure better outcomes for all Victorians; (b) conduct research and collect information relating to the performance of the functions 15 and the operation of the transport system so as to enable Victorian Rail Track to meet the object of Victorian Rail Track; (c) efficiently deal with any complaints relating to the performance of its functions. 20 (3) Victorian Rail Track may, with the approval or at the direction of the Minister, cease to perform all or any of its functions. 121 Compulsory acquisition of land (1) Subject to the approval of the Minister, Victorian 25 Rail Track may compulsorily acquire any land which is or may be required by Victorian Rail Track for or in connection with the performance of its functions or the exercise of its powers. (2) The Land Acquisition and Compensation Act 30 1986 applies to this Act and for that purpose— (a) the Transport Integration Act 2009 is the special Act; (b) Victorian Rail Track is the Authority;
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(c) land includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land; 5 (d) section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered Victorian Rail Track to enter any land and section 75(6) did not apply. 122 Easements 10 (1) If any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by Victorian Rail Track, it is deemed for all purposes to be an easement even though there is no land vested in or held by Victorian Rail 15 Track that is in fact benefited or capable of being benefited by that right. (2) If by or under this Act any private right of way or easement is extinguished or any easement is acquired by Victorian Rail Track— 20 (a) the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and (b) the holder of any relevant certificate of title 25 must deliver it to the Registrar of Titles. (3) Subsection (2) does not apply to an easement acquired compulsorily by Victorian Rail Track. 123 Victorian Rail Track may use Crown lands reserved under Crown Land (Reserves) Act 1978 30 (1) Victorian Rail Track may use any Crown land for transport purposes with the approval of the Minister administering the Act relating to the management or use of the land given by the Minister in accordance with any requirements 35 which apply under that Act.
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(2) If any Crown land proposed to be so used by Victorian Rail Track is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use, Victorian Rail Track 5 can not use the land unless and until the reservation is revoked in accordance with section 9 of that Act. (3) Victorian Rail Track must make compensation, in respect of the use under this section by Victorian 10 Rail Track of any Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose inconsistent with that use, in the manner and to the extent agreed upon by Victorian Rail Track and the Minister administering the Crown Land 15 (Reserves) Act 1978. (4) An agreement under subsection (3) may provide for— (a) the payment by Victorian Rail Track of a sum of money as agreed upon by Victorian 20 Rail Track and the Minister administering the Crown Land (Reserves) Act 1978; or (b) the undertaking of works or the making of provision by Victorian Rail Track in place of any improvements on the land as agreed 25 upon by Victorian Rail Track and the Minister administering the Crown Land (Reserves) Act 1978; or (c) both the payment of a sum of money in accordance with paragraph (a) and the 30 undertaking of works or the making of provision in accordance with paragraph (b). (5) If an agreement under subsection (3) provides for the payment of a sum of money, that money must, unless the Minister administering the Crown 35 Land (Reserves) Act 1978 otherwise directs, be paid to that Minister.
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(6) The Minister administering the Crown Land (Reserves) Act 1978 may direct that money to be paid under an agreement under subsection (3) must be— 5 (a) paid to— (i) the trustees in whom or the Council in which the land is vested; or (ii) the committee of management appointed in respect of the land; or 10 (iii) the authority under whose control and management the land has been placed pursuant to section 18 of the Crown Land (Reserves) Act 1978; or (iv) any other person or persons as are 15 agreed upon by Victorian Rail Track and the Minister administering the Crown Land (Reserves) Act 1978; and (b) applied as directed by the Minister. 20 (7) If any dispute arises as to the amount of any sum of money payable under this section, that dispute is to be determined by the Governor in Council. 124 Grant of unalienated Crown land (1) This section applies to any land vested in 25 Victorian Rail Track under this Act or the Transport Act 1983 (as in force immediately before the commencement of this section) which was immediately prior to its use for transport purposes unalienated land of the Crown whether 30 set apart as a government road or not. (2) Subject to subsection (3), the Governor in Council, on the recommendation of the Minister administering section 22A of the Land Act 1958 may grant that land to Victorian Rail Track 35 subject to any conditions, exceptions and
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reservations as the Governor in Council considers appropriate. (3) This section is subject to section 8 of the Crown Land (Reserves) Act 1978 and section 349 of the 5 Land Act 1958. 125 Land (1) For the purpose of performing its functions, Victorian Rail Track may— (a) with the approval of the Minister and the 10 Treasurer, purchase land or an interest in land; or (b) after consultation with the Secretary and with the approval of the Minister and the Treasurer, sell land or an interest in land; or 15 (c) dispose of land or an interest in land to the Secretary, the Director of Public Transport or the Transport Infrastructure Development Agent for nominal consideration; or (d) accept the transfer of land or an interest in 20 land from the Secretary, the Director of Public Transport or the Transport Infrastructure Development Agent for nominal consideration; or (e) after consultation with the Secretary, grant a 25 lease of any land, including land which was granted to Victorian Rail Track or to any other person subject to a trust or condition requiring it to be used for some particular purpose or land temporarily or permanently 30 reserved for any purpose under the Crown Land (Reserves) Act 1978 or any previous Act relating to Crown land consistent with Victorian Rail Track's object so that the use will not compromise the current or future 35 transport system; or
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(f) with the approval of the Minister and the Treasurer, may develop any land and for this purpose may— (i) subdivide and re-subdivide the land; or 5 (ii) consolidate the title to the land; or (iii) grant or create in favour of any person any easement over the land on any terms and conditions that Victorian Rail Track considers appropriate; or 10 (iv) effect or arrange with other persons for the development of the land on any terms and conditions that Victorian Rail Track considers appropriate; or (v) maintain, operate and manage or 15 arrange with other persons to maintain, operate and manage the land and any buildings, works, structures and other property on the land; or (vi) promote a Property Trust and— 20 (A) with the consent of the Treasurer, subscribe for or otherwise acquire and dispose of any unit or units in the Trust; or (B) enter into arrangements with the 25 Trust for the management by Victorian Rail Track of the Trust; or (C) enter into any contracts with the Trust that Victorian Rail Track 30 deems necessary to guarantee to unit holders in the Trust an agreed return; or (D) make any loans to the Trust on any terms that Victorian Rail 35 Track considers appropriate.
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(2) Any Property Trust promoted under this section must provide that the trustees are to be appointed by the Minister. (3) On Victorian Rail Track divesting itself, or being 5 divested, of its interest in any land on, under or over which there was constructed a railway or tramway, any liability of Victorian Rail Track to— (a) maintain a railway or tramway on, under or 10 over that land; and (b) maintain any bridge bearing a road over the whole or any part of that land or any crossing, culvert, drain or stream diversion appurtenant to that land— 15 absolutely ceases and determines. (4) In this section develop means to improve land for any commercial or civic or other public or private purpose, including by the construction, demolition or substantial alteration of any structure in or on 20 the land or the excavation of the land. 126 Powers to enter land to construct or maintain works (1) Victorian Rail Track may enter any land and do all things necessary and convenient for constructing, maintaining, altering and using any 25 works supporting any rail signalling system. (2) Victorian Rail Track may exercise the powers conferred by this section on Victorian Rail Track by any person who is authorised in writing by Victorian Rail Track to do so. 30 (3) Victorian Rail Track must not exercise a power under this section unless— (a) Victorian Rail Track has given 7 days notice in writing to the occupier of the land that is to be entered; or
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(b) the occupier of the land consents to entry to the land; or (c) immediate entry is necessary because of an emergency. 5 (4) A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless the occupier consents to a different time. 10 (5) In exercising powers under this section, Victorian Rail Track must— (a) cause as little harm and inconvenience as possible; (b) stay on the land only for as long as is 15 reasonably necessary to exercise the power; (c) remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the 20 power, other than anything that the owner or occupier of the land agrees may be left there; (d) leave the land as nearly as possible in the condition in which Victorian Rail Track found it; 25 (e) ensure that as little damage as possible is done to the land; (f) co-operate as much as possible with the owner and any occupier of the land. (6) If Victorian Rail Track has caused any damage to 30 land while exercising a power under this section, Victorian Rail Track must pay compensation to the owner and any other person with an interest in the land.
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(7) Compensation under subsection (6)— (a) may, if so agreed by the person entitled to the compensation, be paid as a lump sum or by way of an annual rent; or 5 (b) if no agreement can be reached, must be determined in the manner provided in the Land Acquisition and Compensation Act 1986. 127 Contingency planning for exercise of certain powers 10 Victorian Rail Track must develop and maintain a contingency plan for the possible carrying out of rail operations by it in the event another person carrying out such operations using railways and rail infrastructure established, owned, managed or 15 maintained by Victorian Rail Track does not want, or is unable, to do so.
Division 2—V/Line Corporation
128 V/Line Corporation V/Line Passenger Corporation established under 20 section 14 of the Rail Corporations Act 1996 (as in force immediately before the commencement of this section) is continued under this Act as V/Line Corporation. 129 Trading name 25 Despite anything to the contrary in the Business Names Act 1962 or any other act or law, V/Line Corporation may carry on business under the name "V/Line". 130 V/Line Corporation not to represent the Crown 30 V/Line Corporation is a public entity, but does not represent the Crown.
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131 Object of V/Line Corporation (1) The primary object of V/Line Corporation is to provide rail passenger and rail freight services consistent with the vision statement and the 5 transport system objectives. (2) Without limiting the generality of subsection (1), the primary object includes the following— (a) to ensure, in collaboration with transport bodies and public entities, that its rail 10 passenger and rail freight services operate as part of an integrated transport system which seeks to meet the needs of all transport system users; (b) to manage its rail passenger and rail freight 15 services in a manner which supports a sustainable Victoria by— (i) seeking to increase the share of rail passenger and rail freight services as a proportion of all transport trips in 20 Victoria; (ii) while seeking to give effect to subparagraph (i), also seeking to improve the environmental performance and minimise the adverse 25 environmental impacts of its rail passenger and rail freight services; (c) to contribute to social wellbeing by providing accessible and reliable rail passenger services, particularly to regional, 30 rural and remote communities; (d) to support economic prosperity through efficient and reliable rail freight services; (e) in collaboration with relevant bodies, to improve the safety of rail passenger and rail 35 freight services.
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132 Functions of V/Line Corporation (1) The functions of V/Line Corporation are to— (a) operate rail passenger services; (b) operate services ancillary or incidental to its 5 rail passenger services, including any other transport services; (c) operate and maintain rail infrastructure and related infrastructure, including for communications, to support rail passenger 10 and rail freight services; (d) manage access to the rail network operated by V/Line Corporation; (e) independently perform a function specified in paragraph (a), (b), (c) or (d) to meet a 15 requirement as set by the Director of Public Transport in accordance with sections 67 and 68; (f) develop and deliver projects, including by acquiring rolling stock, constructing rail 20 infrastructure, roads or road-related infrastructure, or provide assistance to the Department or any other relevant body in making improvements to the transport system; 25 (g) provide advice to the Director of Public Transport to assist in operational policy development in relation to public transport system matters as requested by the Director of Public Transport; 30 (h) develop and implement effective environmental policies, strategies and management systems consistent with the strategic policy of the Department to support a sustainable transport system, including 35 minimising any adverse environmental
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impacts from rail passenger and rail freight services; (i) provide, or arrange for the provision and dissemination of, information to Victorians 5 about its rail passenger and rail freight services; (j) report on the activities of any other person carrying out a function specified in paragraph (a), (b), (c) or (d) on behalf of 10 V/Line Corporation; (k) perform any other functions or duties conferred on V/Line Corporation by any other Act or any regulations under any other Act. 15 (2) In performing the functions conferred on V/Line Corporation, V/Line Corporation must— (a) engage with stakeholders so as to ensure better outcomes for all Victorians; (b) conduct research and collect information 20 relating to the performance of the functions and the operation of the transport system so as to enable the V/Line Corporation to meet the primary object of V/Line Corporation; (c) efficiently deal with any complaints relating 25 to the performance of its functions. (3) V/Line Corporation may, with the approval or at the direction of the Minister, cease to perform all or any of its functions. 133 Contingency planning for exercise of certain powers 30 V/Line Corporation must develop and maintain a contingency plan for the possible carrying out of rail operations by it in the event another person carrying out rail operations does not want, or is unable, to do so.
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Division 3—Linking Melbourne Authority
134 Establishment of Linking Melbourne Authority (1) The Linking Melbourne Authority is established. (2) The Linking Melbourne Authority is the successor 5 in law of the Southern and Eastern Integrated Transport Authority established under section 6 of the Southern and Eastern Integrated Transport Authority Act 2003. 135 Linking Melbourne Authority represents the Crown 10 In performing its functions and exercising its powers, the Linking Melbourne Authority represents the Crown. 136 Declaration of any Road Transport-Related Project The Minister may, with the agreement of the 15 Premier and the Treasurer, by Order published in the Government Gazette declare any project to be a Road Transport-Related Project for the purposes of this Act. 137 Object of Linking Melbourne Authority 20 (1) The primary object of the Linking Melbourne Authority is to facilitate the efficient development, delivery and operation of any Road Transport- Related Project consistent with the vision statement and the transport system objectives. 25 (2) Without limiting the generality of subsection (1), the primary object includes the following— (a) to ensure, in collaboration with transport bodies and public entities, that any Road Transport-Related Project supports an 30 integrated transport system which seeks to meet the needs of all transport system users;
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(b) to ensure that any Road Transport-Related Project supports a sustainable Victoria by— (i) providing walking and cycling infrastructure for transport; 5 (ii) seeking to improve the environmental performance and minimise the adverse environmental impacts of the Road Transport-Related Project; (c) to contribute to social wellbeing by 10 providing access to opportunities and supporting liveable communities; (d) to promote economic prosperity through efficient and reliable movement of persons and goods; 15 (e) in collaboration with relevant bodies, to improve the safety of the road system for road users and seek to reduce deaths and injuries. 138 Functions of the Linking Melbourne Authority 20 (1) The functions of the Linking Melbourne Authority are— (a) to facilitate, on behalf of the State, the scoping, development, construction, delivery and operation of any Road Transport-Related 25 Project; (b) to seek and evaluate submissions from persons interested in undertaking any Road Transport-Related Project; (c) to negotiate with persons interested in 30 undertaking any Road Transport-Related Project;
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(d) to make recommendations in relation to contractual arrangements between the State and any other person for the development, delivery or operation of any Road Transport- 5 Related Project; (e) to administer and manage agreements and arrangements between the State and any other person for, or relating to, the development, delivery or operation of any 10 Road Transport-Related Project; (f) to facilitate and co-ordinate consultations with public entities and other bodies or persons involved in, or affected by, the development, delivery or operation of any 15 Road Transport-Related Project; (g) to negotiate and enter into arrangements with public entities and other bodies or persons involved in, or affected by, the development, delivery or operation of any Road Transport- 20 Related Project; (h) to make recommendations to the Minister in relation to facilitating any Road Transport- Related Project and co-ordinating with public entities and other bodies or persons 25 involved in, or affected by, the development, delivery or operation of the Road Transport- Related Project; (i) to ensure that agreements and arrangements between the State and any other person for, 30 or relating to, the development, delivery or operation of any Road Transport-Related Project are performed in accordance with their terms; (j) to enter into contractual arrangements with 35 any other person for the provision of any infrastructure or services in connection with
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or relating to the development, delivery or operation of any Road Transport-Related Project; (k) to perform any other functions or duties 5 conferred on the Linking Melbourne Authority by any other Act or any regulations under any other Act. (2) In performing the functions conferred on the Linking Melbourne Authority, the Linking 10 Melbourne Authority must— (a) engage with stakeholders so as to ensure better outcomes for all Victorians; (b) conduct research and collect information relating to the performance of the functions 15 and the operation of the transport system so as to enable the Linking Melbourne Authority to meet the object of the Linking Melbourne Authority; (c) efficiently deal with any complaints relating 20 to the performance of its functions. (3) The Linking Melbourne Authority may, with the approval or at the direction of the Minister, cease to perform all or any of its functions. 139 Power to enter into arrangements for the services of 25 public servants For the purpose of performing its functions, the Linking Melbourne Authority, in addition to all other powers conferred on it by or under this or any other Act may enter into arrangements for the 30 services of persons employed under Part 3 of the Public Administration Act 2004. 140 Money of the Linking Melbourne Authority (1) All money received by the Linking Melbourne Authority must be paid into a banking account 35 established by the Linking Melbourne Authority.
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(2) One or more banking accounts may be held in the name of the Linking Melbourne Authority. (3) The Linking Melbourne Authority may only expend money in accordance with a budget jointly 5 approved by the Minister and the Treasurer. 141 General fund (1) The Linking Melbourne Authority must establish and maintain a general fund. (2) The Linking Melbourne Authority, with the 10 approval of the Minister administering Part 7 of the Financial Management Act 1994, must— (a) open and maintain accounts with any authorised deposit-taking institution or institutions within the meaning of the 15 Banking Act 1959 of the Commonwealth; (b) maintain at least one of those accounts to be used for the purposes of its general fund. (3) Subject to subsection (4), the Linking Melbourne Authority must pay into its general fund all 20 trading revenue, interest and other money received by or paid to the Linking Melbourne Authority. (4) Subject to subsection (5), the Linking Melbourne Authority must pay into its bank account— (a) all money borrowed by the Linking 25 Melbourne Authority under this Act; (b) all money resulting from the disposal by the Linking Melbourne Authority of any real or personal property, whether or not under an arrangement by which the Linking 30 Melbourne Authority is to enter into a lease of the property so disposed of; (c) the proceeds of any advances or financial accommodation obtained by the Linking Melbourne Authority under section 154.
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(5) Subsection (4) does not apply if— (a) the money or proceeds are to be used for the operating or trading activity of the Linking Melbourne Authority; or 5 (b) the Minister administering Part 7 of the Financial Management Act 1994 otherwise approves. (6) All payments made by the Linking Melbourne Authority must be made out of its general fund. 10 (7) The Linking Melbourne Authority may invest money in its general fund in any manner approved by the Minister administering Part 7 of the Financial Management Act 1994.
Division 4—Provisions applying to Transport Corporations
15 142 Transport Corporation is a body corporate (1) A Transport Corporation— (a) is a body corporate with perpetual succession; (b) has an official seal; 20 (c) may sue and be sued; (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. 25 (2) All courts must take judicial notice of the official seal of a Transport Corporation affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (3) The official seal of a Transport Corporation 30 must— (a) be kept in such custody as the Transport Corporation directs;
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(b) not be used except as authorised by the Transport Corporation. 143 Board of directors (1) A Transport Corporation must have a board of 5 directors. (2) The board of directors of a transport corporation is to consist of not less than 3, and not more than 9, directors appointed in accordance with this Division. 10 (3) The board of directors of a Transport Corporation— (a) is responsible for the management of the affairs of the Transport Corporation; (b) may exercise the powers of the Transport 15 Corporation. 144 Constitution of board of directors The board of directors of a Transport Corporation consists of— (a) a chairperson; 20 (b) a deputy chairperson; (c) subject to section 143(2), any other directors as are appointed by the Governor in Council in accordance with this Division. 145 Appointment of directors 25 (1) The chairperson, deputy chairperson and other directors of a Transport Corporation must be appointed by the Governor in Council on the recommendation of the Minister made after consultation with the Treasurer. 30 (2) A director is appointed for the term not exceeding 3 years as is specified in the instrument of appointment.
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(3) A director is appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment. 5 (4) A director is eligible to be re-appointed. (5) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director of a Transport Corporation in respect of the office of director. 10 146 Acting appointments (1) The deputy chairperson of the board of directors of a Transport Corporation must act as chairperson if— (a) the office of chairperson is vacant; or 15 (b) during any period when the chairperson is absent; or (c) the chairperson is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the 20 duties of the office. (2) While the deputy chairperson is acting as chairperson, the deputy chairperson— (a) has and may exercise all the powers, and must perform all the functions and duties, of 25 the chairperson; (b) is entitled to be paid the remuneration and allowances which the chairperson would have been entitled to. (3) The Minister after consultation with the Treasurer 30 may appoint a director of a Transport Corporation to act as deputy chairperson— (a) during a vacancy in the office of deputy chairperson; or
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(b) during any period when the deputy chairperson is absent; or (c) during any period when the deputy chairperson is acting as chairperson; or 5 (d) if the deputy chairperson is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office. (4) While a director is acting as deputy chairperson, 10 the director— (a) has and may exercise all the powers, and must perform all the functions and duties, of the deputy chairperson; (b) is entitled to be paid the remuneration and 15 allowances which the deputy chairperson would have been entitled to. (5) The Minister after consultation with the Treasurer may appoint a person to act as a director (other than the chairperson or deputy chairperson) of a 20 Transport Corporation— (a) during a vacancy in the office of a director; or (b) during any period when the director is absent; or 25 (c) during any period when the director is acting as deputy chairperson; or (d) if the director is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of 30 the office.
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(6) While a person is acting as a director, the person— (a) has and may exercise all the powers, and must perform all the functions and duties, of 5 a director; (b) is entitled to be paid the remuneration and allowances which a director would have been entitled to. 147 Chief executive officer and other employees 10 (1) The board of directors of a Transport Corporation, with the approval of the Minister after consultation with the Treasurer, may appoint a person as the chief executive officer of the Transport Corporation and may at any time 15 remove or suspend a person from that office. (2) The chief executive officer of a Transport Corporation holds office, subject to this Act, on a full-time basis and on such terms and conditions as are determined by the Minister after 20 consultation with the Treasurer and specified in the instrument of appointment. (3) The chief executive officer may be a director of the Transport Corporation but may not be the chairperson of the board of directors. 25 (4) The chief executive officer may resign from the office in writing signed by the chief executive officer and delivered to the chairperson of the board of directors. (5) If the chief executive officer is unable, whether 30 because of illness, suspension, absence or otherwise, to perform the duties of the office of chief executive officer, the board of directors may appoint another person to act in the place of the chief executive officer during the period of the 35 inability.
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(6) A person appointed under this section to act in the place of the chief executive officer while so acting— (a) has all the rights and powers, and must 5 perform all the duties, of the chief executive officer of the Transport Corporation; and (b) is to be paid any remuneration and travelling or other allowances fixed by the board of directors from time to time, having regard to 10 the rate of remuneration and allowances for the time being payable to the chief executive officer of the Transport Corporation. (7) The board of directors of a Transport Corporation may employ any persons it considers are 15 necessary for the performance of its functions. (8) If the chief executive officer or a person employed by a Transport Corporation was immediately before his or her appointment an officer within the meaning of the State Superannuation Act 1988 20 or a member within the meaning of the Transport Superannuation Act 1988, he or she continues to be such an officer or member while serving with the Transport Corporation. 148 Vacancies, resignations, removal from office 25 (1) The office of a director of a Transport Corporation becomes vacant if the director— (a) without the approval of the board of directors, fails to attend 3 consecutive meetings of the board of directors; or 30 (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
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(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence. (2) A director may resign by notice in writing 5 delivered to the Minister. (3) The Governor in Council may remove or suspend a director from office. (4) A director must be removed from office by the Governor in Council if the director is convicted of 10 an offence relating to his or her duties as a director. 149 Validity of acts or decisions An act or decision of the board of directors of a Transport Corporation is not invalid only— 15 (a) because of a vacancy in the membership of the board of directors, including a vacancy arising from the failure to appoint a director; or (b) because of a defect or irregularity in, or in 20 connection with, the appointment of a director or an acting director; or (c) in the case of an acting director, on the grounds that the occasion for the person to act had not arisen or had ceased. 25 150 Proceedings of board of directors (1) Subject to subsection (2), meetings of the board of directors of a Transport Corporation must be held at the times and places determined by the board of directors. 30 (2) The chairperson— (a) may at any time convene a meeting of the board of directors;
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(b) must convene a meeting of the board of directors when requested by a director to do so. (3) A majority of the directors of the board of 5 directors for the time being constitutes a quorum of the board of directors. (4) A question arising at a meeting of the board of directors is determined by a majority of votes. (5) The person presiding at a meeting of the board of 10 directors has— (a) a deliberative vote; and (b) in the case of an equality of votes, a second or casting vote. (6) The board of directors must ensure that accurate 15 minutes are kept of its meetings. (7) The board of directors may permit directors to participate in a particular meeting, or all meetings, by telephone, closed-circuit television or other means of communication that does not require the 20 physical presence of each director in the same place. (8) Subject to this Act, the board of directors may regulate its own proceedings. 151 Resolutions without meetings 25 (1) If the directors for the time being of a Transport Corporation (other than a director who is absent from Australia when the other directors sign) sign a document containing a statement that they are in favour of a resolution in the terms set out in the 30 document, a resolution in those terms is deemed to have been passed at a meeting of the board of directors held— (a) on the day on which the document is signed; or
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(b) if the directors do not sign the document on the same day, on the day on which the last director to sign signs the document. (2) If a resolution is deemed under subsection (1) to 5 have been passed at a meeting of the board of directors, each director must be— (a) advised as soon as practicable; and (b) given a copy of the terms of the resolution. (3) For the purposes of subsection (1), 2 or more 10 separate documents containing a statement in identical terms, each of which is signed by one or more directors, are deemed to constitute one document. 152 Powers of a Transport Corporation 15 (1) A Transport Corporation has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the Transport Corporation and the performance of its functions. 20 (2) Without limiting the generality of subsection (1), a Transport Corporation may— (a) enter into any agreement or contract; (b) enter into any lease or licence; (c) participate in the formation of a corporation, 25 trust, partnership or other body; (d) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation; (e) become a member of a company limited by 30 guarantee; (f) subscribe for or otherwise acquire, and hold and dispose of, units in a trust;
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(g) acquire, and hold and dispose of, an interest in a partnership or other body; (h) enter into partnership or into any arrangement for sharing of profits, union of 5 interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside 10 Victoria relating to, or connected with, any function of the Transport Corporation; (i) make any land or other property vested or managed by the Transport Corporation or any person employed by the Transport 15 Corporation available for use or engagement by any other person; (j) engage in any business, undertaking or activity incidental to the performance of its functions; 20 (k) engage consultants, contractors or agents; (l) act as trustee; (m) act as an agent of another person. (3) Despite subsections (1) and (2), a Transport Corporation must not, without the written 25 approval of the Minister— (a) form, or participate in the formation of, or be a member of, or hold shares in, a company that carries out the functions of a public transport industry ombudsman; or 30 (b) enter into an agreement with respect to participating in a public transport industry ombudsman scheme.
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(4) Without limiting the generality of subsection (1), a Transport Corporation may exercise the powers conferred on the Transport Corporation by any other Act or the regulations under any other Act. 5 (5) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on a Transport Corporation. 153 Certain powers not affected (1) This Part does not affect or limit the power of the 10 Director of Public Transport to enter into any contract, agreement, lease or licence with another person to carry out a function of a Transport Corporation. (2) Without limiting or derogating from any other 15 power, the Minister for and on behalf of the Crown, may be a party to any agreement providing for the sale, assignment, transfer or disposal of all or any part of the property, rights, liabilities, undertaking or business of a Transport 20 Corporation or to any related franchise or other agreement of any kind. 154 Borrowing and investment by a Transport Corporation A Transport Corporation has the powers conferred 25 on it by the Borrowing and Investment Powers Act 1987. 155 Transport Corporation not to make loans to directors (1) The powers of a Transport Corporation do not 30 include a power, whether directly or indirectly— (a) to make a loan to a director of the Transport Corporation, a spouse of such a director, or a relative (as defined in the Corporations Act) of such a director or spouse; or
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(b) to give a guarantee or provide security in connection with a loan made or to be made by another person to a director, spouse or relative referred to in paragraph (a). 5 (2) Nothing in subsection (1) prohibits a Transport Corporation entering into an agreement or arrangement with a person referred to in subsection (1) if similar agreements or arrangements are entered into by the Transport 10 Corporation with members of the public on the same terms and conditions. 156 Extra-territoriality A Transport Corporation may perform its functions and exercise its powers within or outside 15 Victoria and outside Australia. 157 Indemnity The powers of a Transport Corporation do not include a power to exempt, whether directly or indirectly, a director of a Transport Corporation 20 from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of the Transport Corporation against, any liability that by law would otherwise attach to the director in respect of a wilful breach 25 of duty or breach of trust of which the director may be guilty in relation to the Transport Corporation. 158 Determination of initial capital (1) The Minister must determine the amount of initial 30 capital of a Transport Corporation. (2) In making the determination, the Minister must have regard to any relevant advice that the board of directors of the Transport Corporation has given to the Minister. 35 (3) The determination must be in writing.
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(4) The value of the capital is— (a) the value specified in the determination; or (b) if the Minister and the board of directors of the Transport Corporation agree that the 5 value so specified does not correctly represent the value, the value agreed by the Minister and the board of directors. (5) For the purposes of this Part, the amount of initial capital determined by the Minister in respect of 10 Victorian Rail Track and V/Line Passenger Corporation under section 33 of the Rail Corporations Act 1996 (as in force immediately before the commencement of this section) is deemed to have been determined under this 15 section. 159 Capital The capital of a Transport Corporation is equal to the sum of— (a) the amount of the Transport Corporation's 20 initial capital under this Act in accordance with section 158(1); and (b) any part of the Transport Corporation's liabilities that is converted into capital at the direction of the Minister; and 25 (c) any amounts paid to the Transport Corporation out of money appropriated by the Parliament for the purpose of providing capital; and (d) any part of the Transport Corporation's 30 reserves that is converted into capital at the direction of the Minister after consultation with the board of directors of the Transport Corporation— less any amount of capital repaid under 35 section 160.
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160 Repayment of capital (1) The capital of a Transport Corporation is repayable to the State at the times, and in the amounts, as the Minister directs in writing after 5 consultation with the board of directors of the Transport Corporation. (2) The Minister must have regard to any advice that the board of directors of the Transport Corporation has given to the Minister in relation 10 to the Transport Corporation's affairs before giving a direction under subsection (1). 161 Dividends A Transport Corporation must pay to the State the amounts, at the times and in the manner, as are 15 determined by the Treasurer after consultation with the board of directors of the Transport Corporation and the Minister. 162 Reports to Minister or Treasurer The Minister or the Treasurer may, in writing, 20 require the board of directors of a Transport Corporation to give the Minister or the Treasurer any information that the Minister or the Treasurer requires. 163 Directions 25 (1) A Transport Corporation must exercise its powers and discharge its duties subject to— (a) the general direction and control of the Minister; and (b) any specific directions given by the Minister 30 with the approval of the Treasurer. (2) Any specific directions given under subsection (1)(b) may be published in the Government Gazette.
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164 Annual report A Transport Corporation, in its annual report for a financial year under Part 7 of the Financial Management Act 1994, must include— 5 (a) a copy of each direction given to it during that year under section 163(1)(b) together with a statement of its response to that direction; and (b) a copy of the statement of corporate intent 10 last completed. 165 Corporate plan (1) The requirements in this section are in addition to the requirements under section 64. (2) The board of directors of a Transport Corporation 15 must give a copy of the proposed corporate plan to the Minister on or before 31 May in each year. (3) The proposed corporate plan must— (a) be in a form approved by the Minister; (b) include a statement of corporate intent in 20 accordance with section 166; (c) include a business plan and financial statements containing any information that the Minister requires. (4) The board of directors of a Transport Corporation 25 must consider any comments on the proposed corporate plan that are made to the board of directors by the Minister within 2 months after the proposed corporate plan was submitted to the Minister.
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(5) The board of directors of a Transport Corporation must— (a) consult in good faith with the Minister following communication to the board of 5 directors of the comments; (b) make such changes to the plan as are agreed between the Minister and the board of directors; (c) deliver the completed corporate plan to the 10 Minister within 2 months after the commencement of the financial year. (6) The corporate plan, or any part of the corporate plan, must not be published or made available except for the purposes of this Part without the 15 prior approval of the board of directors of the Transport Corporation and the Minister. (7) The corporate plan may be modified at any time by the board of directors of the Transport Corporation with the agreement of the Minister. 20 (8) If the board of directors of a Transport Corporation, by written notice to the Minister, proposes a modification to the corporate plan, the board of directors may make the modification unless the Minister, by written notice within 25 14 days, directs the board of directors not to make the modification. (9) The Minister may, by written notice, direct the board of directors of a Transport Corporation to include in, or omit from, a statement of corporate 30 intent, a business plan or a financial statement of a specified kind, any specified matters. (10) Before giving a direction under this section, the Minister must consult with the board of directors of the Transport Corporation as to the matters 35 referred to in the notice.
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(11) The board of directors of the Transport Corporation must comply with a direction under this section. (12) At any particular time, the statement of corporate 5 intent, the business plan or the financial statements for a Transport Corporation are the statements and plan last completed, with any modifications or deletions made in accordance with this Division. 10 166 Statement of corporate intent The statement of corporate intent of a Transport Corporation must specify for the Transport Corporation and its subsidiaries (if any), in respect of the financial year to which it relates and each of 15 the 2 following financial years, the following information— (a) the business objectives of the Transport Corporation and of its subsidiaries; (b) the main undertakings of the Transport 20 Corporation and of its subsidiaries; (c) the nature and scope of the activities to be undertaken by the Transport Corporation and its subsidiaries; (d) the accounting policies to be applied in the 25 accounts; (e) the performance targets and other measures by which the performance of the Transport Corporation and of its subsidiaries may be judged in relation to their stated business 30 objectives; (f) the kind of information to be provided to the Minister by the Transport Corporation during the course of those financial years;
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(g) any other matters as may be agreed on by the Minister and the board of directors of the Transport Corporation. 167 Corporate plan to be followed 5 (1) Unless subsection (2) applies, a Transport Corporation must act only in accordance with its corporate plan. (2) A Transport Corporation must obtain the written approval of the Minister before it can act in any 10 manner that is contrary to its corporate plan. 168 Nothing void merely because of non-compliance Nothing done by a Transport Corporation is void or unenforceable merely because the Transport Corporation has failed to comply with 15 section 165, 166 or 167. 169 Board of directors to give notice of significant events (1) This section applies if the board of directors of a Transport Corporation determines that matters have arisen— 20 (a) that may prevent, or significantly affect, the achievement of the business objectives of the Transport Corporation and its subsidiaries (if any) under the corporate plan; or (b) that may prevent, or significantly affect, the 25 achievement of the targets under the plan. (2) If this section applies, the board of directors of the Transport Corporation must immediately notify the Minister of its determination and the reasons for the determination.
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170 Delegation by a Transport Corporation (1) A Transport Corporation by instrument may delegate to any person any power, duty or function of the Transport Corporation under any 5 Act or regulations including, subject to subsection (3), this power of delegation. (2) A delegation under this section may be made— (a) in relation to a person or class of persons specified in the instrument of delegation; or 10 (b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. (3) A person to whom a power, duty or function has 15 been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function. 20 (4) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subsection (3) as if it were a delegation. ______
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PART 7—TRANSPORT SAFETY AGENCIES
Division 1—Director, Transport Safety
171 Director, Transport Safety (1) There is to be a Director, Transport Safety. 5 (2) The person who is the Director, Public Transport Safety immediately before the commencement of this section under section 9K of the Transport Act 1983 (as in force immediately before the commencement of this section) is, subject to this 10 Act, the Director, Transport Safety. (3) The Director, Transport Safety is the successor in law of the Director, Public Transport Safety and the Director of Marine Safety. 172 Object of Director, Transport Safety 15 (1) The primary object of the Director, Transport Safety is to independently seek the highest transport safety standards that are reasonably practicable consistent with the vision statement and the transport system objectives. 20 (2) Without limiting the generality of subsection (1), the primary object includes the specific objects or purposes specified in— (a) section 1(c) of the Marine Act 1988; (b) section 1 of the Public Transport 25 Competition Act 1995; (c) section 11 of the Rail Safety Act 2006.
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173 Functions of Director, Transport Safety (1) The functions of the Director, Transport Safety are to— (a) perform any functions or duties conferred on 5 the Director, Transport Safety by— (i) the Marine Act 1988, the Public Transport Competition Act 1995, the Rail Safety Act 2006, the Transport (Compliance and Miscellaneous) Act 10 1983 or any other Act; (ii) regulations made under the Marine Act 1988, the Public Transport Competition Act 1995, the Rail Safety Act 2006, the Transport (Compliance 15 and Miscellaneous) Act 1983 or any other Act; (b) make recommendations to the Minister with respect to— (i) the operation, administration and 20 enforcement of Divisions 4B, 6 and 7 of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 and regulations made under that Act for the purposes of those Divisions; 25 (ii) the operation, administration and enforcement of the Rail Safety Act 2006 and regulations made under that Act; (iii) regulations made under the Rail Safety 30 Act 2006 or under the Transport (Compliance and Miscellaneous) Act 1983 for the purposes of Divisions 4B, 6 and 7 of Part VII of the Transport (Compliance and Miscellaneous) Act 35 1983;
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(iv) codes of practice that the Minister proposes to approve under Part 8 of the Rail Safety Act 2006 or Part 2 of the Public Transport Competition Act 5 1995; (v) the operation, administration and enforcement of the Marine Act 1988 and regulations made under that Act; (vi) the operation and administration of 10 marine pollution legislation including the Pollution of Waters by Oil and Noxious Substances Act 1986; (c) advise and make recommendations to the Minister in respect of matters relating to 15 transport safety in the State and related matters; (d) investigate and report on transport safety matters; (e) prepare— 20 (i) codes of practice, including codes of practice for approval by the Minister under Part 2 of the Public Transport Competition Act 1995 or Part 8 of the Rail Safety Act 2006; and 25 (ii) guidelines— to provide practical guidance to accredited rail operators and any other person who may be placed under an obligation or duty by or under a corresponding safety law; 30 (f) provide guidance and information on marine safety matters;
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(g) promote education and training by— (i) devising, in co-operation with educational and other bodies, courses in transport safety; and 5 (ii) approving courses in transport safety (whether or not devised in co-operation with another body); and (iii) facilitating access to those courses; and (iv) initiating or promoting events such as 10 conferences and forums, and the publication of information, relating to transport safety; (h) conduct any education or training activity, and approve persons to provide education 15 and training, relevant to the functions of the Director, Transport Safety; (i) collect information and data about, and commission and sponsor research into, transport safety matters; 20 (j) promote awareness in the transport industry (including rail safety workers) and among the public about transport safety initiatives; (k) develop policy in relation to the administration of transport safety regulation. 25 (2) The functions of the Director, Transport Safety do not include the function of developing policy for— (a) transport safety regulation and related matters; and 30 (b) the development of legislation relating to transport safety regulation and related matters.
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(3) However, the Director, Transport Safety may advise or comment on the development of policy referred to in subsection (2). 174 Power to investigate 5 The Director, Transport Safety has the power to investigate any transport safety matter. 175 Director, Transport Safety to conduct cost-benefit analysis of and consult about mandatory transport safety decisions 10 (1) This section applies to a mandatory transport safety decision that may result in significant costs or expenses being incurred by a person whose interests are affected by the decision. (2) The Director, Transport Safety must— 15 (a) conduct or cause to be conducted a cost- benefit analysis of a mandatory transport safety decision; and (b) consult with— (i) the Premier, the Treasurer and any 20 other Minister whose area of responsibility may be affected by a mandatory transport safety decision; and (ii) the person whose interests are affected 25 by a mandatory transport safety decision. (3) The cost-benefit analysis and consultation must be conducted— (a) in accordance with guidelines prepared under 30 section 176; and (b) before a mandatory transport safety decision is made unless the Director, Transport Safety considers that the mandatory transport safety
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decision must be made immediately to protect public safety. (4) If a mandatory transport safety decision is made immediately to protect public safety, the cost- 5 benefit analysis and consultation must be conducted as soon as practicable after the decision is made. 176 Guidelines (1) The Minister may prepare guidelines for the 10 purposes of cost-benefit analysis and consultation conducted under section 175. (2) Before preparing guidelines under this section the Minister must consult with the Premier and the Treasurer. 15 (3) Guidelines prepared under this section— (a) may include guidelines about the methodology to be applied in an analysis conducted under section 175; (b) may require the Director, Transport Safety to 20 obtain an independent assessment about the methodology to be applied in a cost-benefit analysis conducted under section 175; (c) must include guidelines about the procedure for consultation under section 175. 25 177 Information disclosure by Director, Transport Safety (1) If the Director, Transport Safety considers it necessary for the safe operation of rail, bus and marine transport, the Director, Transport Safety 30 may disclose information obtained or collected by the Director, Transport Safety in the performance or exercise of his or her functions or powers under this or any other Act to any other person.
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(2) If the Director, Transport Safety considers it necessary for the safe operation of rail, bus or marine transport, the Director, Transport Safety may publish any information, including a report 5 arising out of— (a) an investigation by him or her of a transport safety matter; or (b) an inquiry under section 59 of the Rail Safety Act 2006. 10 (3) A publication under subsection (2) must not identify a person by name. 178 Delegation by the Director, Transport Safety (1) The Director, Transport Safety by instrument may delegate any power, duty or function of the 15 Director, Transport Safety under this Act, the Marine Act 1988, the Rail Safety Act 2006, the Public Transport Competition Act 1995, the Transport (Compliance and Miscellaneous) Act 1983 or under any other Act or the regulations 20 under any Act, including, subject to subsection (3) this power of delegation, to— (a) a transport safety officer; or (b) any employee employed under Part 3 of the Public Administration Act 2004 to enable 25 the Director, Transport Safety to carry out his or her functions; or (c) any officer or employee of a port management body, a local port manager or a waterway manager under the Marine Act 30 1988; or (d) a consultant, contractor or agent engaged by him or her.
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(2) A delegation under this section may be made— (a) in relation to a person or class of persons specified in the instrument of delegation; or (b) in relation to the holder, or the holder from 5 time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. (3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject 10 to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function. (4) Sections 42 and 42A of the Interpretation of 15 Legislation Act 1984 apply to a sub-delegation under subsection (3) as if it were a delegation.
Division 2—Chief Investigator, Transport Safety
179 Chief Investigator, Transport Safety (1) There is to be a Chief Investigator, Transport 20 Safety. (2) The person who is the Chief Investigator, Transport and Marine Safety Investigations immediately before the commencement of this section under section 83 of the Transport Act 25 1983 (as in force immediately before the commencement of this section) is, subject to this Act, the Chief Investigator, Transport Safety. (3) The Chief Investigator, Transport Safety is the successor in law of the Chief Investigator, 30 Transport and Marine Safety Investigations.
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180 Object of the Chief Investigator, Transport Safety The object of the Chief Investigator, Transport Safety is to seek to improve transport safety by providing for the independent no-blame 5 investigation of transport safety matters consistent with the vision statement and the transport system objectives. 181 Functions of the Chief Investigator, Transport Safety 10 (1) The principal function of the Chief Investigator, Transport Safety is to— (a) investigate transport safety matters; and (b) report the results of any investigations conducted by the Chief Investigator, 15 Transport Safety to the Minister. (2) In investigating an incident, the Chief Investigator, Transport Safety is to primarily focus on— (a) determining what factors caused the incident, 20 rather than to apportion blame for the incident; and (b) identifying issues that may require review, monitoring or further consideration. (3) The functions of the Chief Investigator, Transport 25 Safety are to— (a) perform any functions or duties conferred on the Chief Investigator, Transport Safety by— (i) the Marine Act 1988, the Transport (Compliance and Miscellaneous) Act 30 1983 or any other Act; (ii) regulations made under the Marine Act 1988, the Transport (Compliance and Miscellaneous) Act 1983 or any other Act;
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(b) liaise with international, Commonwealth and State bodies and agencies that have similar functions to those of the Chief Investigator, Transport Safety; 5 (c) administer any voluntary reporting system that is set up under section 85F of the Transport (Compliance and Miscellaneous) Act 1983; (d) to improve the quality and professionalism 10 of investigations by educating those who are involved in the operation or use of rail, bus and marine transport. 182 Power to investigate The Chief Investigator, Transport Safety has the 15 power to investigate any transport safety matter. 183 Delegation by the Chief Investigator, Transport Safety (1) The Chief Investigator, Transport Safety by instrument may delegate any power, duty or 20 function of the Chief Investigator, Transport Safety under this Act, the Marine Act 1988, the Transport (Compliance and Miscellaneous) Act 1983 or any other Act or the regulations under any Act including, subject to subsection (3), this 25 power of delegation, to— (a) any employee employed under Part 3 of the Public Administration Act 2004 to enable the Chief Investigator, Transport Safety to carry out his or her functions; or 30 (b) a consultant, contractor or agent engaged by him or her.
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(2) A delegation under this section may be made— (a) in relation to a person or class of persons specified in the instrument of delegation; or (b) in relation to the holder, or the holder from 5 time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. (3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject 10 to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function. (4) Sections 42 and 42A of the Interpretation of 15 Legislation Act 1984 apply to a sub-delegation under subsection (3) as if it were a delegation.
Division 3—Provisions applying to transport safety appointees
184 Appointment 20 (1) A transport safety appointee is to be appointed by the Governor in Council for a period of up to 5 years. (2) A transport safety appointee is to hold office on the terms and conditions (including remuneration 25 and allowances) set out in the instrument by which he or she was appointed. (3) A person who holds the office of transport safety appointee may be re-appointed. (4) The Governor in Council may only appoint a 30 person to an office of transport safety appointee if, in the opinion of the Governor in Council, the person has at least 2 of the following attributes—
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(a) experience relevant to the particular appointment; (b) appropriate tertiary qualifications; (c) experience in the management of public 5 transport or marine safety systems for a period of at least 10 years; (d) experience in the marine, road or rail transport (freight and passenger) sectors; (e) senior level experience in the transport or 10 legal sector. (5) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a transport safety appointee in respect of the office of the transport safety appointee. 15 185 Acting appointment (1) The Governor in Council may appoint a person to act in the office of a transport safety appointee— (a) during a vacancy in that office; or (b) during a period or all periods when the 20 person holding that office is absent from duty or is, for any reason, unable to perform the duties of the office. (2) An appointment under subsection (1) is for the period, not exceeding 6 months, which is specified 25 in the instrument of appointment. (3) The Governor in Council may at any time remove the person acting in the office of a transport safety appointee from office. (4) While a person is acting in the office of the 30 transport safety appointee in accordance with this section, the person—
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(a) has, and may exercise, all the powers and must perform all the duties of that office under this Act or any other Act; and (b) is entitled to be paid the remuneration and 5 allowances that the transport safety appointee would have been entitled to for performing those duties. 186 When a transport safety appointee ceases to hold office 10 A person ceases to be a transport safety appointee— (a) at the expiry of his or her term of office; or (b) if he or she resigns in accordance with section 187; or 15 (c) if he or she ceases to hold office under section 188; or (d) if he or she becomes an insolvent under administration; or (e) if he or she is convicted of an indictable 20 offence or of an offence which, if committed in Victoria, would be an indictable offence; or (f) if he or she nominates for election as a member of the Parliament of any 25 jurisdiction. 187 Resignation A transport safety appointee may resign from office by notice in writing signed by him or her and delivered to the Minister. 30 188 Suspension and removal from office (1) The Governor in Council may suspend a person from office as a transport safety appointee on the recommendation of the Minister.
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(2) The Minister may make the recommendation if the Minister is of the opinion that the person— (a) is incapable of performing his or her functions or duties; or 5 (b) has refused or neglected to perform his or functions or duties; or (c) has engaged in misconduct; or (d) is otherwise unfit to continue to be a transport safety appointee. 10 (3) Before making such a recommendation in relation to a person, the Minister must— (a) give the person written notice that the Minister is considering making the recommendation, together with details of the 15 reasons why the recommendation is being considered; and (b) consider any submissions made to the Minister by, or on behalf of, the person in response to the notice. 20 (4) If the Governor in Council suspends a person as a transport safety appointee, the Minister must, on or before the 3rd sitting day of each House of Parliament after that suspension, ensure that a statement of the grounds for the making of the 25 recommendation that the person be suspended is laid before the House. (5) A person ceases to hold office as a transport safety appointee if each House of Parliament declares by resolution, passed within 7 sitting days of the 30 House after the laying before it of the statement that he or she should cease to hold office.
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(6) The suspension of a person as a transport safety appointee ceases— (a) if a resolution that he or she should cease to hold office is defeated before either House of 5 Parliament; or (b) if such a resolution is not passed by each House of Parliament within 7 sitting days of the House after the laying before it of the statement. 10 (7) If a person is suspended from office under this section, he or she remains entitled to his or her remuneration and allowances as a transport safety appointee during the period of suspension. 189 Validity of acts and decisions 15 An act or decision of a transport safety appointee or acting transport safety appointee is not invalid only— (a) because of a defect or irregularity in, or in connection with, the appointment of the 20 transport safety appointee or acting transport safety appointee; or (b) in the case of an acting transport safety appointee, on the grounds that the occasion for so acting had not arisen or had ceased. 25 190 Immunity (1) A transport safety appointee or an acting transport safety appointee is not personally liable for anything done or omitted to be done in good faith— 30 (a) in the exercise of a power or the performance of a function or duty under this Act or under any other Act or regulations under this Act or any other Act; or
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(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under this Act or under any other Act or 5 regulations under this Act or any other Act. (2) Any liability resulting from an act or omission that would, but for subsection (1), attach to the transport safety appointee or acting transport safety appointee attaches instead to the Crown. 10 191 Ministerial direction to investigate public transport safety matter or marine safety matter (1) The Minister may direct the relevant transport safety appointee to investigate a public transport safety matter or a marine safety matter. 15 (2) The Minister must not give a direction under this section— (a) that directs the transport safety appointee as to how to conduct an investigation into a public transport safety matter or a marine 20 safety matter; or (b) that directs the transport safety appointee as to which persons the transport safety appointee may request or direct to assist him or her in investigating a public transport 25 safety matter or a marine safety matter; or (c) about the outcome of any investigation into a public transport safety matter or a marine safety matter; or (d) that directs the transport safety appointee to 30 stop investigating any public transport safety matter or marine safety matter.
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(3) A direction under this section— (a) must be published in the Government Gazette; and (b) takes effect on it being published in the 5 Government Gazette. (4) The Minister must cause to be laid before each House of Parliament a copy of a direction under this section on or before the 3rd sitting day of the House after the direction is published in the 10 Government Gazette. (5) The relevant transport safety appointee must comply with a direction given under this section. 192 Employment of persons There may be employed under Part 3 of the 15 Public Administration Act 2004 any persons that are necessary to enable a transport safety appointee to carry out his or her functions. 193 Powers of transport safety appointee (1) A transport safety appointee has power, on behalf 20 of the Crown, to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the transport safety appointee and the performance of his or her functions. 25 (2) Subject to the approval of the Minister, a transport safety appointee may on behalf of the Crown— (a) acquire, hold or dispose of real or personal property; (b) enter into any agreement or contract; 30 (c) enter into any lease or licence; (d) participate in the formation of a corporation, trust, partnership or other body;
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(e) subscribe for or otherwise acquire, and hold and dispose of, shares in or debentures or other securities of, a corporation; (f) become a member of a company limited by 5 guarantee; (g) subscribe for or otherwise acquire, and hold and dispose of, units in a trust; (h) acquire, and hold and dispose of, an interest in a partnership or other body; 10 (i) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or 15 about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the transport safety appointee; (j) assign, grant, lease, licence, sell, mortgage, 20 use as a security, or otherwise encumber or dispose of, any intellectual property right; (k) engage in any business, undertaking or activity incidental to the performance of its functions; 25 (l) engage consultants, contractors or agents; (m) act as trustee; (n) act as an agent of another person. (3) Without limiting the generality of subsection (1), a transport safety appointee may exercise the 30 powers conferred on the transport safety appointee by any other Act or the regulations under any other Act.
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(4) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on a transport safety appointee. 194 Independence of transport safety appointee 5 Subject to sections 191 and 193(2), a transport safety appointee, when performing or exercising his or her functions or powers, is independent and is not subject to the direction and control of the Minister. 10 195 Extra-territoriality A transport safety appointee may perform or exercise his or her functions or powers within or outside Victoria. 196 Memoranda of understanding 15 (1) A transport safety appointee may enter into a memorandum of understanding with another transport safety appointee, or any other person or body that is permitted by the regulations, about the performance or exercise of their respective 20 functions or powers. (2) A memorandum of understanding— (a) must include any matters required by the regulations; (b) may include any other matters that the 25 parties to the memorandum consider appropriate. (3) A transport safety appointee must ensure that a memorandum of understanding that he or she enters into is published— 30 (a) in the Government Gazette; and (b) on the Internet.
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197 Power to give advice on compliance (1) A transport safety appointee may give advice to a person who has a duty or obligation under a corresponding safety law about complying with 5 that duty or obligation. (2) The giving of advice by a transport safety appointee under subsection (1) does not give rise to— (a) any liability of, or other claim against, the 10 transport safety appointee; or (b) any right, expectation, duty or obligation that would not otherwise be conferred or imposed on the person given the advice; or (c) any defence that would not otherwise be 15 available to that person. (3) A transport safety appointee's power under this section to give advice may also be exercised by a delegate of the transport safety appointee who has been authorised to do so. ______
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PART 8—GENERAL
Division 1—Regulations
198 Regulations (1) The Governor in Council may make regulations 5 for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— 10 (a) may be of general or specially limited application; (b) may differ according to differences in time, place or circumstance; (c) may leave any matter or thing to be from 15 time to time determined, applied, dispensed with or regulated by a specified person or class of persons; (d) may provide in a specified case or class of case for the exemption of persons or things 20 or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified; (e) may confer powers or impose duties in 25 connection with the regulations on any specified person or specified class of persons; (f) may apply, adopt or incorporate with or without modification, any matter contained 30 in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—
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(i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are 5 made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; (g) may impose a penalty not exceeding 20 penalty units for a contravention of the 10 regulations.
Division 2—Miscellaneous
199 Transport Act 1983 (1) In section 1(1) of the Transport Act 1983 for "Transport Act 1983" substitute "Transport 15 (Compliance and Miscellaneous) Act 1983". (2) On and after the commencement of this section, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Transport Act 1983 20 is to be construed as a reference to the Transport (Compliance and Miscellaneous) Act 1983, unless the contrary intention appears. (3) The Transport Act 1983 is amended as set out in Schedule 3. 25 (4) Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under the Transport Act 1983 or existing or continuing under that Act immediately before the 30 commencement of this section continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if that Act had not been amended by this Act.
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(5) Nothing in this section limits or otherwise affects the operation of the Interpretation of Legislation Act 1984. 200 Rail Corporations Act 1996 5 (1) In the title to the Rail Corporations Act 1996 for "Rail Corporations Act 1996" substitute "Rail Management Act 1996". (2) On and after the commencement of this section, any reference in any Act (other than this Act), 10 regulation, subordinate instrument or other document whatsoever to the Rail Corporations Act 1996 is to be construed as a reference to the Rail Management Act 1996, unless the contrary intention appears. 15 (3) The Rail Corporations Act 1996 is amended as set out in Schedule 4. (4) Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under 20 the Rail Corporations Act 1996 or existing or continuing under that Act immediately before the commencement of this section continue under and subject to this Act to have the same status, operation and effect as they respectively would 25 have had if that Act had not been amended by this Act. (5) Nothing in this section limits or otherwise affects the operation of the Interpretation of Legislation Act 1984. 30 201 Marine Act 1988 (1) The Marine Act 1988 is amended as set out in Schedule 5. (2) Except as in this Act expressly or by necessary implication provided, all persons, things and 35 circumstances appointed or created by or under
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the Marine Act 1988 or existing or continuing under that Act immediately before the commencement of this section continue under and subject to this Act to have the same status, 5 operation and effect as they respectively would have had if that Act had not been amended by this Act. (3) Nothing in this section limits or otherwise affects the operation of the Interpretation of Legislation 10 Act 1984. 202 Repeal of Southern and Eastern Integrated Transport Authority Act 2003 (1) The Southern and Eastern Integrated Transport Authority Act 2003 is repealed. 15 (2) Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under the Southern and Eastern Integrated Transport Authority Act 2003 or existing or continuing 20 under that Act immediately before the commencement of this section continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if that Act had not been repealed by this 25 Act. (3) In Schedule 1 to the Borrowing and Investment Powers Act 1987 item 12A is repealed. (4) Nothing in this section limits or otherwise affects the operation of the Interpretation of Legislation 30 Act 1984.
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203 Consequential amendments to other Acts (1) An Act specified in the heading to an item in Schedule 6 is amended as set out in that item. (2) Except as in this Act expressly or by necessary 5 implication provided, all persons, things and circumstances appointed or created by or under an Act specified in the heading to an item in Schedule 6 or existing or continuing under that Act immediately before the commencement of 10 this section continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if that Act had not been amended by this Act. (3) Nothing in this section limits or otherwise affects 15 the operation of the Interpretation of Legislation Act 1984. 204 Amendment relating to the Transport Infrastructure Development Agent (1) In Schedule 1 to the Borrowing and Investment 20 Powers Act 1987, after item 18 insert— "19. Transport 5, 8, 10, 11, 11AA, 11AB, 13, Infrastructure 14, 14A, 15, 20, 20A and 21". Development Agent (2) After section 5(4B) of the Land Acquisition and Compensation Act 1986 insert— "(4AA) Subsection (1) does not apply to any land specified in an application order under the 25 Project Development and Construction Management Act 1994 where the Transport Infrastructure Development Agent established under section 40 of the Transport Integration Act 2009 is the 30 facilitating agency.".
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205 Transitional regulations (1) The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act. 5 (2) A provision mentioned in subsection (1) may be retrospective in operation to the commencement of section 198. (3) Regulations made under this section have effect despite anything to the contrary in any Act (other 10 than this Act or the Charter of Human Rights and Responsibilities) or in any subordinate instrument. (4) This section expires on 1 July 2012. 206 Repeal of amending provisions Section 204, this section and Schedules 1 to 6 are 15 repealed on 1 July 2012. Note The repeal of these provisions does not affect the continuing operation of the amendments made by those provisions (see section 15(1) of the Interpretation of Legislation Act 1984). ______
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SCHEDULES
SCHEDULE 1
AMENDMENTS TO TRANSPORT LEGISLATION
1 Accident Towing Services Act 2007 5 After section 4 insert— "4A Transport Integration Act 2009 This Act is transport legislation within the meaning of the Transport Integration Act 2009.". 10 2 Border Railways Act 1922 After section 4 insert— "4A Transport Integration Act 2009 This Act is transport legislation within the meaning of the Transport Integration Act 15 2009.". 3 Business Franchise (Petroleum Products) Act 1979 After section 2 insert— "2A Transport Integration Act 2009 This Act is transport legislation within the 20 meaning of the Transport Integration Act 2009.". 4 Bus Safety Act 2009 After section 3 insert— "3A Transport Integration Act 2009 25 This Act is transport legislation within the meaning of the Transport Integration Act 2009.".
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5 Eastlink Project Act 2004 After section 3 insert— "3A Transport Integration Act 2009 This Act is transport legislation within the 5 meaning of the Transport Integration Act 2009.". 6 Marine Act 1988 After section 3 insert— "3A Transport Integration Act 2009 10 This Act is transport legislation within the meaning of the Transport Integration Act 2009.". 7 Melbourne City Link Act 1995 After section 4 insert— 15 "5 Transport Integration Act 2009 This Act is transport legislation within the meaning of the Transport Integration Act 2009.". 8 National Rail Corporation (Victoria) Act 1991 20 After section 3 insert— "3A Transport Integration Act 2009 This Act is transport legislation within the meaning of the Transport Integration Act 2009.". 25 9 Pollution of Waters by Oil and Noxious Substances Act 1986 After section 3 insert— "3A Transport Integration Act 2009 This Act is transport legislation within the 30 meaning of the Transport Integration Act 2009.".
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10 Port Services Act 1995 After section 3 insert— "3A Transport Integration Act 2009 This Act is transport legislation within the 5 meaning of the Transport Integration Act 2009.". 11 Public Transport Competition Act 1995 After section 3B insert— "3C Transport Integration Act 2009 10 This Act is transport legislation within the meaning of the Transport Integration Act 2009.". 12 Rail Corporations Act 1996 After section 3 insert— 15 "3A Transport Integration Act 2009 This Act is transport legislation within the meaning of the Transport Integration Act 2009.". 13 Rail Safety Act 2006 20 After section 3 insert— "3A Transport Integration Act 2009 This Act is transport legislation within the meaning of the Transport Integration Act 2009.". 25 14 Road Management Act 2004 14.1 In section 4(1) for "safe and efficient road networks at State and local levels" substitute "a road network at State and local levels that operates as part of an integrated and sustainable 30 transport system consistent with the transport system objectives under the Transport Integration Act 2009".
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14.2 After section 5 insert— "5A Transport Integration Act 2009 This Act is transport legislation within the meaning of the Transport Integration Act 5 2009.". 14.3 For section 20(1) substitute— "(1) The principal object of road management is to ensure that a network of roads is provided primarily for the movement of persons and 10 goods as part of an integrated transport system and that road reserves are available for other appropriate uses.". 14.4 In section 20(1A) after "road management" insert "consistent with the transport system objectives 15 under the Transport Integration Act 2009". 14.5 After section 22(1)(b) insert— "(ba) to perform a function or exercise a power of a road authority under any other Act where the performance of that function or the 20 exercise of that power is necessary to enable the effective performance of a function or the effective exercise of a power under this Act or is incidental to the performance of a function or the exercise of a power under this 25 Act; or". 15 Road Safety Act 1986 After section 3AC insert— "3B Transport Integration Act 2009 This Act is transport legislation within the 30 meaning of the Transport Integration Act 2009.".
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16 Transport Act 1983 After section 2 insert— "2A Transport Integration Act 2009 This Act is transport legislation within the 5 meaning of the Transport Integration Act 2009.". 17 Very Fast Train (Route Investigation) Act 1989 After section 3 insert— "3A Transport Integration Act 2009 10 This Act is transport legislation within the meaning of the Transport Integration Act 2009.". 18 Westernport (Crib Point Terminal) Act 1963 After section 2A insert— 15 "2B Transport Integration Act 2009 This Act is transport legislation within the meaning of the Transport Integration Act 2009.". ______
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SCHEDULE 2
AMENDMENTS TO INTERFACE LEGISLATION
1 Alpine Resorts (Management) Act 1997 After section 3A insert— 5 "3B Transport Integration Act 2009 This Act is interface legislation within the meaning of the Transport Integration Act 2009.". 2 Conservation, Forests and Lands Act 1987 10 After section 4 insert— "4A Transport Integration Act 2009 This Act is interface legislation within the meaning of the Transport Integration Act 2009.". 15 3 Crown Land (Reserves) Act 1978 After section 3A insert— "3B Transport Integration Act 2009 This Act is interface legislation within the meaning of the Transport Integration Act 20 2009.". 4 Forests Act 1958 After section 3A insert— "3B Transport Integration Act 2009 This Act is interface legislation within the 25 meaning of the Transport Integration Act 2009.".
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5 Land Act 1958 After section 3A insert— "3B Transport Integration Act 2009 This Act is interface legislation within the 5 meaning of the Transport Integration Act 2009.". 6 Local Government Act 1989 6.1 After section 3 insert— "3AA Transport Integration Act 2009 10 This Act is interface legislation within the meaning of the Transport Integration Act 2009.". 6.2 Before section 204 insert— "203 Transport plan 15 (1) A Council may develop and implement a transport plan which facilitates a sustainable transport system that provides for the effective integration of transport and land use. 20 Note See section 11 of the Transport Integration Act 2009. (2) A Council may prepare a transport plan jointly with one or more other Councils. 25 203A Transport services A Council may procure, provide or enable transport services within the municipal district.". 6.3 For the heading to Division 2 of Part 9 30 substitute—
"Division 2—Provisions relating to transport".
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7 Major Transport Projects Facilitation Act 2009 After section 3 insert— "3A Transport Integration Act 2009 This Act is interface legislation within the 5 meaning of the Transport Integration Act 2009.". 8 National Parks Act 1975 After section 4A insert— "4B Transport Integration Act 2009 10 This Act is interface legislation within the meaning of the Transport Integration Act 2009.". 9 Parks Victoria Act 1998 After section 3 insert— 15 "3A Transport Integration Act 2009 This Act is interface legislation within the meaning of the Transport Integration Act 2009.". 10 Planning and Environment Act 1987 20 10.1 After section 3 insert— "3A Transport Integration Act 2009 This Act is interface legislation within the meaning of the Transport Integration Act 2009.". 25 10.2 After section 46AR(a) insert— "(aa) to integrate land use and transport to enable the coordinated provision of a sustainable transport system for the benefit of the community;".
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11 Project Development and Construction Management Act 1994 After section 5 insert— "5A Transport Integration Act 2009 5 This Act is interface legislation within the meaning of the Transport Integration Act 2009.". 12 Victorian Urban Development Authority Act 2003 After section 3 insert— 10 "3A Transport Integration Act 2009 This Act is interface legislation within the meaning of the Transport Integration Act 2009.". 13 Water Industry Act 1994 15 After the heading to Part 4 insert—
"Division 1—Interface Legislation
107 Transport Integration Act 2009 This Part is interface legislation within the meaning of the Transport Integration Act 20 2009.". 14 Wildlife Act 1975 After section 3 insert— "4 Transport Integration Act 2009 This Act is interface legislation within the 25 meaning of the Transport Integration Act 2009.". ______
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SCHEDULE 3
CONSEQUENTIAL AMENDMENTS TO THE TRANSPORT ACT 1983
1 Amendment of Part 1 5 1.1 In section 2(1)— (a) the definitions of Corporation, Director of Marine Safety, rail safety recommendation and relevant rail safety project are repealed; (b) insert the following definition— 10 "bus has the same meaning as it has in section 3(1) of the Bus Safety Act 2009;"; (c) for the definition of Chief Investigator substitute— 15 "Chief Investigator, Transport Safety has the same meaning as it has in section 3 of the Transport Integration Act 2009;"; (d) for the definition of Department 20 substitute— "Department means the Department of Transport;"; (e) for the definition of Director substitute— "Director means the Director of Public 25 Transport within the meaning of section 3 of the Transport Integration Act 2009;";
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(f) for the definition of Director, Public Transport Safety or Safety Director substitute— "Safety Director means the Director, 5 Transport Safety within the meaning of section 3 of the Transport Integration Act 2009;"; (g) in the definition of passenger service for "Rail Corporations Act 1996" substitute 10 "Rail Management Act 1996"; (h) in the definition of passenger transport company, in paragraph (d) for "V/Line Passenger Corporation" substitute "V/Line Corporation"; 15 (i) for the definition of public transport safety matter substitute— "public transport safety matter has the same meaning as it has in section 3 of the Transport Integration Act 2009;"; 20 (j) for the definition of marine safety matter substitute— "marine safety matter has the same meaning as it has in section 3 of the Transport Integration Act 2009;"; 25 (k) in the definition of rail corporation for "Rail Corporations Act 1996" substitute "Rail Management Act 1996"; (l) in the definition of rail infrastructure for "Rail Corporations Act 1996" substitute 30 "Rail Management Act 1996"; (m) for the definition of Rail Track substitute— "Rail Track means Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2009;";
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(n) in the definition of relevant transport safety law, after paragraph (e) insert— "(ea) the Transport Integration Act 2009 or any regulations made under that Act;"; 5 (o) for the definition of Roads Corporation substitute— "Roads Corporation has the same meaning as it has in section 3 of the Transport Integration Act 2009;"; 10 (p) in the definition of tram infrastructure for "Rail Corporations Act 1996" substitute "Rail Management Act 1996". 1.2 In section 2(2C)(a) for "Rail Corporations Act 1996" substitute "Rail Management Act 1996". 15 1.3 In section 2(2D)(a) for "Rail Corporations Act 1996" substitute "Rail Management Act 1996". 1.4 In section 2(3) for "Department of Infrastructure" substitute "Department of Transport". 2 Amendment of Division 1 of Part II 20 2.1 Sections 4, 6, 6A, 6B, 7A, 8, 9, 9AA, 9AB, 9AC, 9AD, 9A, 9AAB, 9B and 9BA are repealed. 2.2 Subdivision 3 of Division 1 of Part II is repealed. 2.3 In section 10(1)(e) for "Rail Corporations Act 1996" substitute "Rail Management Act 1996". 25 2.4 In section 10(7) for "Rail Corporations Act 1996" substitute "Rail Management Act 1996". 2.5 In section 12(1) for "Director of Public Transport" substitute "Director". 3 Repeal of Division 3 of Part II 30 Division 3 of Part II is repealed. 4 Repeal of Division 4 of Part II Division 4 of Part II is repealed.
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5 Repeal of Division 5 of Part II Division 5 of Part II is repealed. 6 Repeal of certain sections of Part III Sections 38, 39, 45, 46 and 47 are repealed. 5 7 Repeal of Division 1 of Part IV Division 1 of Part IV is repealed. 8 Repeal of certain sections of Division 2 of Part IV Sections 76, 77 and 81A are repealed. 9 Amendment of Parts V and VI 10 9.1 Sections 82A, 82B, 83, 83A, 83B, 83C, 83D, 83E, 83F, 83G, 83H, 83I, 83J, 83K, 83L, 85B and 85G are repealed. 9.2 In sections 84(a)(i), 84A(1), 84A(2), 84A(3)(a), 84AB(1), 84AB(3), 84AB(5), 84AB(6), 84AB(7), 15 84AB(8), 84AB(11), 84B(1), 84B(2), 85, 85C(3)(b)(i), 85D(1), 85D(2), 85E, 85F(2), 85F(3) and 85H for "Chief Investigator" (wherever occurring) substitute "Chief Investigator, Transport Safety". 20 9.3 In the heading to sections 84AB, 85E and 85H for "Chief Investigator" substitute "Chief Investigator, Transport Safety". 9.4 In section 84B(2) after "issued" insert "under subsection (1)". 25 9.5 In section 85A— (a) for "Chief Investigator" (wherever occurring) substitute "Chief Investigator, Transport Safety"; (b) in paragraph (a) for "Director of Public 30 Transport" substitute "Director"; (c) paragraph (b) is repealed.
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9.6 In section 158A(5) for "Director of Public Transport" substitute "Director". 10 Repeal of Schedule 1A Schedule 1A is repealed. 5 11 Repeal of Schedule 2 Schedule 2 is repealed. 12 Consequential amendments caused by the repeal of definitions 12.1 In section 56(2)(r) for "Corporation" (where first 10 occurring) substitute "Roads Corporation". 12.2 In 225B(a), 249(1), 252(1) and 256(1)(a) for "Corporation" (wherever occurring) substitute "Roads Corporation". 12.3 In section 225(1) in paragraph (a) of the definition 15 of officer, for "Corporation" substitute "Roads Corporation". 12.4 Insert the following heading to section 249— "Roads Corporation need not fence". ______
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SCHEDULE 4
CONSEQUENTIAL AMENDMENTS TO THE RAIL CORPORATIONS ACT 1996
1 Section 1 substituted 5 For section 1 substitute— "1 Purpose The main purpose of this Act is to establish a regime for the management of rail infrastructure in Victoria.". 10 2 Amendments to section 3 In section 3(1)— (a) for the definition of Director substitute— "Director means the Director of Public Transport within the meaning of 15 section 3 of the Transport Integration Act 2009;"; (b) in the definition of rail corporation for "V/Line Passenger Corporation" substitute "V/Line Corporation"; 20 (c) for the definition of Rail Track, substitute— "Rail Track means Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2009;"; 25 (d) for the definition of Safety Director, substitute— "Safety Director means the Director, Transport Safety within the meaning of section 3 of the Transport Integration 30 Act 2009;";
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(e) for the definition of Secretary, substitute— "Secretary has the same meaning as it has in section 3 of the Transport Integration Act 2009;"; 5 (f) after the definition of transferor insert— "V/Line Corporation has the same meaning as it has in section 3 of the Transport Integration Act 2009.". 3 Repeal of Part 2 10 Part 2 is repealed. 4 Amendment of certain sections of Part 4 4.1 For section 61(3)(d) substitute— "(d) V/Line Corporation;". 4.2 For section 62(4)(d) substitute— 15 "(d) V/Line Corporation;". 4.3 For section 64(2)(d) substitute— "(d) V/Line Corporation;". 4.4 For section 67(3)(d) substitute— "(d) V/Line Corporation;". 20 5 Amendment to section 104 5.1 In section 104(1)(a)(i) for "V/Line Passenger Corporation" substitute "V/Line Corporation". 5.2 In section 104(2) for the definition of V/Line Passenger Corporation substitute— 25 "V/Line Corporation means, as the case requires— (a) V/Line Passenger Corporation as established under Division 2E of Part 2 before that Division was repealed; or
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(b) V/Line Passenger Corporation as established under Division 2A of Part 2 before that Part was repealed; or (c) V/Line Corporation as continued by 5 section 128 of the Transport Integration Act 2009.". 6 Repeal of Schedule 1 Schedule 1 is repealed. ______
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SCHEDULE 5
CONSEQUENTIAL AMENDMENTS TO THE MARINE ACT 1988
1 Amendments to Part 1 5 In section 3(1)— (a) for the definition of Director substitute— "Director means the Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 10 2009;"; (b) insert the following definition— "mandatory marine safety decision means— (a) a decision of the Director under this Act to— 15 (i) issue, cancel or suspend a registration, certificate or licence; (ii) refuse to renew a registration, certificate or 20 licence; (iii) prohibit the operation of a particular vessel, including the imposition of any condition or for a specified 25 period; (iv) impose a condition on a registration; (v) impose a variation on a licence;
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(vi) refuse an application for a personal watercraft endorsement; (vii) refuse an application to 5 renew or vary a personal watercraft endorsement; (viii) impose or vary a condition on a personal watercraft endorsement; 10 (ix) revoke a personal watercraft endorsement; (b) a decision of the Director or an inspector under this Act to— (i) serve an improvement 15 notice; (ii) amend an improvement notice; (iii) serve a prohibition notice; (iv) amend a prohibition notice; 20 (v) issue or not issue a clearance certificate; (vi) issue or not issue a certificate under section 85AL;"; (c) after paragraph (c) in the definition of 25 relevant marine safety law insert— "(d) a provision of the Transport Integration Act 2009 or any regulations made under that Act;".
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2 Amendments to Division 1 of Part 8 2.1 Sections 63, 66(3), 66(4), 68 and 69 are repealed. 2.2 For section 66(1) substitute— "(1) Without derogating from any other functions 5 or powers of the Director under any other Act, the Director may do all things that are necessary or convenient to enable him or her to carry out his or her functions under this Act, including, but not limited to, the powers 10 specified in Schedule 4.". 2.3 In section 65— (a) paragraphs (ca), (cb), (cc), (cd), (e), (jg) and (l) are repealed; (b) for paragraph (c) substitute— 15 "(c) in addition to the power specified in section 173(1)(d) of the Transport Integration Act 2009, to investigate incidents adequately in order to identify deficiencies in operational procedures, 20 vessel standards or crew training;"; (c) in paragraph (k) for "; and" substitute ".". 3 Amendments to Schedule 4 Item 19 of Schedule 4 and the heading to that item are repealed. ______
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SCHEDULE 6
CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
1 Accident Towing Services Act 2007 1.1 In section 3(1)— 5 (a) in the definition of motor vehicle, for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983"; (b) in the definition of VicRoads, for 10 "established under Part II of the Transport Act 1983" substitute "within the meaning of section 3 of the Transport Integration Act 2009". 1.2 In section 32(1)(b) for "Transport Act 1983" 15 substitute "Transport (Compliance and Miscellaneous) Act 1983". 1.3 In section 212(1)(a) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 20 1.4 In section 214 for "section 32(2) of the Transport Act 1983" substitute "section 115 of the Transport Integration Act 2009". 1.5 In the Note to section 214 for "Section 32(2) of the Transport Act 1983" substitute "Section 115 25 of the Transport Integration Act 2009". 1.6 In section 220 for "the Transport Act 1983" substitute "section 90 of the Transport Integration Act 2009".
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2 Border Railways Act 1922 2.1 In section 4(1) for the definition of Authority substitute— "Authority means Victorian Rail Track within the 5 meaning of section 3 of the Transport Integration Act 2009;". 2.2 In clause 1 of Schedule 2 for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983 and the Transport 10 Integration Act 2009". 3 Borrowing and Investment Powers Act 1987 3.1 In Schedule 1 to the Borrowing and Investment Powers Act 1987, after item 6A insert— "6AA. Linking 5, 8, 10, 11, 11AA, 11AB, 13, Melbourne 14, 14A, 15, 20, 20A and 21". Authority 3.2 In Schedule 1 to the Borrowing and Investment 15 Powers Act 1987, in item 23B for "V/Line Passenger Corporation" substitute "V/Line Corporation". 4 Bus Safety Act 2009 4.1 In section 1(b) for "Transport Act 1983" 20 substitute "Transport (Compliance and Miscellaneous) Act 1983". 4.2 In section 3(1)— (a) in the definition of bus, for "Transport Act 1983" substitute "Transport (Compliance 25 and Miscellaneous) Act 1983"; (b) for the definition of Safety Director, substitute— "Safety Director means the Director, Transport Safety within the meaning of 30 section 3 of the Transport Integration Act 2009;".
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4.3 In section 23 for "Transport Act 1983" (wherever occurring) substitute "Transport (Compliance and Miscellaneous) Act 1983". 4.4 In section 35(a), for "Transport Act 1983" 5 substitute "Transport (Compliance and Miscellaneous) Act 1983". 4.5 In the Heading to Division 7 of Part 9 and in sections 91, 92(5), 92(6), 92(7), 92(8), 94, 95, 96, 97, 98, 99, 100 and 101, for "Transport Act 10 1983" (wherever occurring) substitute "Transport (Compliance and Miscellaneous) Act 1983". 4.6 Sections 92(1), 92(2), 92(3), 92(4) and 93 are repealed. 15 4.7 After section 101 insert—
'Division 8—Transport Integration Act 2009
101A Consequential amendments (1) In section 3 of the Transport Integration Act 2009— 20 (a) in the definition of corresponding safety law— (i) omit "or" after paragraph (b); (ii) paragraph (c) is repealed; (b) after the definition of Linking 25 Melbourne Authority insert— "mandatory bus safety decision has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) 30 Act 1983;";
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(c) in the definition of mandatory transport safety decision, after paragraph (b) insert— "or 5 (c) a mandatory bus safety decision;"; (d) in the definition of transport legislation, in paragraph (d) for "Public Transport Competition Act 1995" substitute "Bus Services Act 1995". 10 (2) For section 172(2)(b) of the Transport Integration Act 2009 substitute— "(b) section 4 of the Bus Safety Act 2009;". (3) In sections 173(1)(a) and 178(1) of the Transport Integration Act 2009, for 15 "Public Transport Competition Act 1995" (wherever occurring) substitute "Bus Safety Act 2009". (4) In sections 173(1)(b)(iv) and 173(1)(e)(i) of the Transport Integration Act 2009, for 20 "Part 2 of the Public Transport Competition Act 1995" substitute "Part 7 of the Bus Safety Act 2009".'. 5 Charter of Human Rights and Responsibilities Act 2006 25 In the Example to section 4(2)(a) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 6 Children, Youth and Families Act 2005 6.1 In clause 6(2)(ea) of Schedule 3 for "Transport 30 Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983".
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6.2 In clause 8(3) of Schedule 3 for "Transport Act 1983" (wherever occurring) substitute "Transport (Compliance and Miscellaneous) Act 1983". 5 7 Chinatown Historic Precinct Act 1984 In section 15(15) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 8 Commonwealth Arrangements Act 1958 10 In section 7 for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983 or the Transport Integration Act 2009". 9 Constitution Act 1975 15 9.1 In section 61 for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983, the Transport Integration Act 2009". 9.2 In section 95(3)(a) for "Transport Act 1983" 20 substitute "Transport (Compliance and Miscellaneous) Act 1983 or the Transport Integration Act 2009". 10 Country Fire Authority Act 1958 In section 3(1)— 25 (a) in the definition of heat engine for "established by Division 2 of Part 2 of the Rail Corporations Act 1996" substitute "within the meaning of section 3 of the Transport Integration Act 2009"; 30 (b) in the definition of private street— (i) omit "declared"; (ii) for "Transport Act 1983" substitute "Road Management Act 2004".
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11 Criminal Procedure Act 2009 In item 29 of Schedule 3 for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 5 12 Docklands Act 1991 12.1 In section 28(2)— (a) omit "Southern Cross Station Authority established under the Rail Corporations Act 1996,"; 10 (b) for "established by Division 2 of Part 2 of the Rail Corporations Act 1996" substitute "within the meaning of section 3 of the Transport Integration Act 2009". 12.2 In section 28(2A)— 15 (a) omit "or the Southern Cross Station Authority established under the Rail Corporations Act 1996"; (b) for "the Transport Act 1983" substitute "section 65 of the Transport Integration 20 Act 2009". 13 Duties Act 2000 13.1 After section 47 insert— "47A Transfer to Victorian Rail Track (1) No duty is chargeable under this Chapter in 25 respect of a transfer of dutiable property to Victorian Rail Track from— (a) the Director of Public Transport; or (b) the Secretary to the Department of Transport; or 30 (c) the Transport Infrastructure Development Agent.
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(2) In this section— Director of Public Transport has the same meaning as it has in section 3 of the Transport Integration Act 2009; 5 Transport Infrastructure Development Agent has the same meaning as it has in section 3 of the Transport Integration Act 2009; Victorian Rail Track has the same meaning 10 as it has in section 3 of the Transport Integration Act 2009.". 13.2 For section 52(d) substitute— "(d) the Roads Corporation within the meaning of section 3 of the Transport Integration Act 15 2009; or". 13.3 In section 219(2)(a) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 13.4 In section 233C(2)(d) for "Transport Act 1983" 20 substitute "Transport (Compliance and Miscellaneous) Act 1983". 13.5 In section 233D(2)(e) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 25 14 Eastlink Project Act 2004 In section 3(1)— (a) for the definition of Utility substitute— "Utility means— (a) a utility within the meaning of the 30 Road Management Act 2004; or (b) a provider of public transport within the meaning of the Road Management Act 2004; or
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(c) the Director of Public Transport within the meaning of section 3 of the Transport Integration Act 2009; or 5 (d) any person who manages rail infrastructure within the meaning of Part 5 of the Rail Safety Act 2006; or (e) any person who operates rolling 10 stock within the meaning of Part 5 of the Rail Safety Act 2006;"; (b) in paragraph (b) of the definition of Utility infrastructure for "Rail Corporations Act 1996" substitute "Rail Management Act 15 1996"; (c) In the definition of VicRoads for "established under Part II of the Transport Act 1983" substitute "continued under section 80 of the Public Transport 20 Integration Act 2009". 15 Electricity Industry Act 2000 In section 16(2) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 25 16 Electricity Safety Act 1998 16.1 In section 46(1)(a)— (a) for paragraph (iv) substitute— "(iv) Victorian Rail Track, within the meaning of section 3 of the Transport 30 Integration Act 2009, for the purposes of its functions or powers under that or any other Act; or";
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(b) after paragraph (iv) insert— "(iva) V/Line Corporation, within the meaning of section 3 of the Transport Integration Act 2009, for the purposes 5 of its functions or powers under that or any other Act; or". 16.2 In section 86(9)(b) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 10 16.3 In section 87(5)(a) for "Transport Act 1983" substitute "Transport Integration Act 2009". 16.4 In section 91(5)(b) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 15 16.5 In section 91(5)(ba) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 17 Emerald Tourist Railway Act 1977 17.1 In section 6(1) for "Transport Act 1983" 20 substitute "Transport Integration Act 2009". 17.2 In section 47(1) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 18 Emergency Management Act 1986 25 In section 22(2) for "Rail Corporations Act 1996" substitute "Rail Management Act 1996". 19 Essential Services Act 1958 In section 3 in the definition of essential service— (a) for "Transport Act 1983" substitute 30 "Transport (Compliance and Miscellaneous) Act 1983"; (b) for "Rail Corporations Act 1996" substitute "Rail Management Act 1996".
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20 Essential Services Commission Act 2001 In section 10(i) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 5 21 Estate Agents Act 1980 In section 5(1)(b) for "established by Division 2 of Part 2 of the Rail Corporations Act 1996" substitute "within the meaning of section 3 of the Transport Integration Act 2009". 10 22 Fences Act 1968 For section 19(4) substitute— "(4) This section does not apply to— (a) Crown lands; or (b) any land vested in— 15 (i) the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2009; or (ii) Victorian Rail Track within the 20 meaning of section 3 of the Transport Integration Act 2009; or (iii) V/Line Corporation within the meaning of section 3 of the 25 Transport Integration Act 2009; or (iv) a passenger transport company within the meaning of the Transport (Compliance and 30 Miscellaneous) Act 1983; or (v) any "Authority" under the Water Act 1989.".
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23 Forests Act 1958 In section 99(29) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 5 24 Graffiti Prevention Act 2007 In section 3 in the definition of transport company— (a) for "Transport Act 1983" (wherever occurring) substitute "Transport 10 (Compliance and Miscellaneous) Act 1983"; (b) for "Rail Corporations Act 1996" substitute "Rail Management Act 1996". 25 Housing Act 1983 15 In clause 1 of Schedule 5 in the definition of owner for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 26 Infringements Act 2006 20 26.1 In section 3(1) in the definition of VicRoads for "established under Part II of the Transport Act 1983" substitute "within the meaning of section 3 of the Transport Integration Act 2009". 26.2 In section 16(2)(b) for "Transport Act 1983" 25 substitute "Transport (Compliance and Miscellaneous) Act 1983". 26.3 In section 17(2)(b) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 30 26.4 In section 18(6)(b) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983".
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26.5 In section 21(b) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 26.6 In section 28(b) for "Transport Act 1983" 5 substitute "Transport (Compliance and Miscellaneous) Act 1983". 26.7 In section 31(b) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 10 26.8 In section 36(c) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 26.9 In section 61(1)— (a) in paragraph (a) for "Transport Act 1983" 15 substitute "Transport (Compliance and Miscellaneous) Act 1983"; (b) in paragraph (b) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous Act 1983". 20 26.10 In section 63A(1)(b) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 26.11 In section 163A(3)(b) for "Transport Act 1983" substitute "Transport (Compliance and 25 Miscellaneous) Act 1983". 27 Land Act 1958 27.1 In section 22A(6) for "Transport Act 1983" substitute "Transport Integration Act 2009". 27.2 In section 339A(7)(b)— 30 (a) omit "declared"; (b) for "Transport Act 1983" substitute "Road Management Act 2004".
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27.3 In section 341(1)(c) for "established by Division 2 of Part 2 of the Rail Corporations Act 1996" substitute "within the meaning of section 3 of the Transport Integration Act 2009". 5 27.4 In section 348— (a) for "established by Division 2 of Part 2 of the Rail Corporations Act 1996" substitute "within the meaning of section 3 of the Transport Integration Act 2009"; 10 (b) for "Rail Track within the meaning of section 3(2) of the Rail Corporations Act 1996" substitute "Victorian Rail Track". 27.5 In section 355 for "established by Division 2 of Part 2 of the Rail Corporations Act 1996" 15 substitute "within the meaning of section 3 of the Transport Integration Act 2009". 28 Limitation of Actions Act 1958 In section 7A for "established by Division 2 of Part 2 of the Rail Corporations Act 1996" 20 substitute "within the meaning of section 3 of the Transport Integration Act 2009". 29 Local Government Act 1989 29.1 In section 3(2)(b) for "Transport Act 1983" substitute "Transport (Compliance and 25 Miscellaneous) Act 1983". 29.2 In section 154(3A)(a) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 2003". 29.3 For the heading to section 208 substitute— 30 "Transport Integration Act 2009, Transport (Compliance and Miscellaneous) Act 1983, Road Management Act 2004 and Road Safety Act 1986".
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29.4 In section 208— (a) in subsection (1) for "Transport Act 1983" substitute "Transport Integration Act 2009, the Transport (Compliance and 5 Miscellaneous) Act 1983"; (b) in subsection (2) for "Transport Act 1983" substitute "Transport Integration Act 2009, the Transport (Compliance and Miscellaneous) Act 1983". 10 30 Major Transport Projects Facilitation Act 2009 In section 3— (a) for the definition of Director of Public Transport substitute— "Director of Public Transport has the same 15 meaning as it has in section 3 of the Transport Integration Act 2009;"; (b) for the definition of VicRoads substitute— "VicRoads means the Roads Corporation within the meaning of section 3 of the 20 Transport Integration Act 2009;". 31 Melbourne City Link Act 1995 31.1 In section 3— (a) in paragraph (g) of the definition of public body for "Transport Act 1983" substitute 25 "Transport (Compliance and Miscellaneous) Act 1983"; (b) in the definition of Roads Corporation for "Transport Act 1983" substitute "Transport Integration Act 2009". 30 31.2 In section 12(1)— (a) in paragraph (c) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983";
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(b) in paragraph (d) for "section 183B(4) of the Transport Act 1983" substitute "section 43 of the Accident Towing Services Act 2007". 5 31.3 In section 12(1A)— (a) in paragraph (c) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983"; (b) in paragraph (d) for "section 183B(4) of the 10 Transport Act 1983" substitute "section 43 of the Accident Towing Services Act 2007". 31.4 In section 12C(1)— (a) in paragraph (e) for "Transport Act 1983" 15 substitute "Transport (Compliance and Miscellaneous) Act 1983"; (b) in paragraph (f) for "section 183B(4) of the Transport Act 1983" substitute "section 4 of the Accident Towing Services Act 20 2007". 31.5 Section 20B is repealed. 31.6 In section 21(1)— (a) for the definition of Utility substitute— "Utility means— 25 (a) a utility within the meaning of the Road Management Act 2004; or (b) a provider of public transport within the meaning of the Road Management Act 2004; or 30 (c) the Director of Public Transport within the meaning of section 3 of the Transport Integration Act 2009; or
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(d) any person who manages rail infrastructure within the meaning of Part 5 of the Rail Safety Act 2006; or 5 (e) any person who operates rolling stock within the meaning of Part 5 of the Rail Safety Act 2006;"; (b) in paragraph (b) of the definition of Utility infrastructure for "Rail Corporations Act 10 1996" substitute "Rail Management Act 1996". 31.7 In section 62(1) for "Transport Act 1983" substitute "Transport Integration Act 2009 or the regulations under that Act, the Transport 15 (Compliance and Miscellaneous) Act 1983". 31.8 In section 69 in the definition of taxi-cab for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 31.9 In section 90 for "Transport Act 1983" 20 substitute "Transport (Compliance and Miscellaneous) Act 1983". 31.10 In section 90A(2)(ab)(ii) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 25 31.11 In section 90A(3)(a) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 31.12 In section 90E(2)(b) for "Transport Act 1983" substitute "Transport (Compliance and 30 Miscellaneous) Act 1983". 31.13 In section 93I(1) for "Transport Act 1983" substitute "Transport Integration Act 2009 or the regulations under that Act or the Transport (Compliance and Miscellaneous) Act 1983".
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31.14 In section 94(1)— (a) in paragraph (b) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983"; 5 (b) after paragraph (b) insert— "(ba) the Transport Integration Act 2009 or the regulations made under that Act; or"; (c) for "Transport Act 1983" (where secondly 10 occurring) substitute "Transport Integration Act 2009 or the regulations under that Act or the Transport (Compliance and Miscellaneous) Act 1983". 15 31.15 In section 94(3)— (a) in paragraph (b) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983"; (b) after paragraph (b) insert— 20 "(ba) the Transport Integration Act 2009 or the regulations made under that Act; or"; (c) for "Transport Act 1983" (where secondly occurring) substitute "Transport 25 Integration Act 2009 or the regulations under that Act or the Transport (Compliance and Miscellaneous) Act 1983". 31.16 In section 103(2) for "Transport Act 1983" 30 substitute "Transport Integration Act 2009 or the regulations under that Act or the Transport (Compliance and Miscellaneous) Act 1983".
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32 National Parks Act 1975 32.1 In section 3(2) for "established by Division 2 of Part 2 of the Rail Corporations Act 1996" substitute "within the meaning of section 3 of the 5 Transport Integration Act 2009". 32.2 In section 33(3)(e) for "Part 4 of the Transport Act 1983" substitute "the Transport Integration Act 2009". 33 Owner Drivers and Forestry Contractors Act 2005 10 In section 56(3) in the definition of Roads Corporation for "established by section 15 of the Transport Act 1983" substitute "within the meaning of section 3 of the Transport Integration Act 2009". 15 34 Pipelines Act 2005 In section 5 for the definition of Victorian Rail Track substitute— "Victorian Rail Track has the same meaning as it has in section 3 of the Transport 20 Integration Act 2009;". 35 Planning and Environment Act 1987 35.1 In section 201R for the definition of Director of Public Transport substitute— "Director of Public Transport has the same 25 meaning as it has in section 3 of the Transport Integration Act 2009;". 35.2 Insert the following definition in section 201R— "Secretary to the Department of Transport means the Secretary within the meaning of section 3 30 of the Transport Integration Act 2009;". 35.3 In section 201TC(1)(b) before "the Director of Public Transport" insert "the Secretary to the Department of Transport or".
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35.4 In sections 201TC(1)(b)(i) and 201TC(1)(b)(ii) before "the Director" insert "the Secretary to the Department of Transport or". 35.5 In section 201TF(6) after "public authority" insert 5 ", the Secretary to the Department of Transport". 36 Port Services Act 1995 36.1 In section 3(1)— (a) for the definition of Director of Marine Safety substitute— 10 "Director, Transport Safety has the same meaning as it has in section 3 of the Transport Integration Act 2009;"; (b) in the definition of licensed harbour master for "Director of Marine Safety" substitute 15 "Director, Transport Safety". 36.2 In sections 13(1)(ga), 13(1)(gb), 21(1)(a), 21(1)(b), 44A(3)(c), 44A(3)(e), 55(2), 84(5), 88A(1), 93(1)(a), 93(1)(c) and 93(1)(d) for "Director of Marine Safety" (wherever occurring) 20 substitute "Director, Transport Safety". 36.3 In section 117 in the definition of designated agency for "Director of Marine Safety" substitute "Director, Transport Safety". 37 Private Security Act 2004 25 In section 4(d) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 38 Project Development and Construction Management Act 1994 30 In section 80, in the definition of relevant Ministers for "Transport Act 1983" substitute "Transport Integration Act 2009".
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39 Public Transport Competition Act 1995 39.1 In sections 3(2), 3(3), 10(1)(a) and 20(2)(d)(vi)(A) for "Transport Act 1983" (wherever occurring) substitute "Transport (Compliance and 5 Miscellaneous) Act 1983". 39.2 For section 26(5) substitute— "(5) Nothing in this section limits any authority conferred on the Director by section 68(2) of the Transport Integration Act 2009.". 10 40 Rail Safety Act 2006 40.1 In section 3(1)— (a) in the definition of binding access arrangement for "Rail Corporations Act 1996" substitute "Rail Management Act 15 1996"; (b) for the definition of Chief Investigator substitute— "Chief Investigator means the Chief Investigator, Transport Safety within 20 the meaning of section 3 of the Transport Integration Act 2009;"; (c) in the definition of dispute resolution decision for "Rail Corporations Act 1996" substitute "Rail Management Act 1996"; 25 (d) for the definition of public transport safety matter substitute— "public transport safety matter has the same meaning as it has in section 3 of the Transport Integration Act 2009;";
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(e) for the definition of Safety Director substitute— "Safety Director means the Director, Transport Safety within the meaning of 5 section 3 of the Transport Integration Act 2009;"; (f) in the definition of transport safety officer for "in the Transport Act 1983" substitute "it has in section 2(1) of the Transport 10 (Compliance and Miscellaneous) Act 1983". 40.2 In section 33A(1) for the definition of Rail Track substitute— "Rail Track means Victorian Rail Track within 15 the meaning of section 3 of the Transport Integration Act 2009;"; 40.3 In section 59(2)(a) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 20 40.4 In section 75 for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 40.5 In section 100(5) in the definition of agency for "Transport Act 1983" substitute "Transport 25 Integration Act 2009". 40.6 Part 10 of the Rail Safety Act 2006 is repealed. 40.7 Divisions 1, 2 and 3 of Part 11 of the Rail Safety Act 2006 are repealed. 41 Road Management Act 2004 30 41.1 In section 3(1)— (a) in paragraph (a) of the definition of provider of public transport for "Rail Corporations Act 1996" substitute "Rail Management Act 1996";
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(b) in paragraph (a)(iv) of the definition of road management function for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983"; 5 (c) after paragraph (a)(iv) of the definition of road management function insert— "(iva) the Transport Integration Act 2009;"; (d) in the definition of VicRoads for "established under Part II of the Transport Act 1983" 10 substitute "within the meaning of section 3 of the Transport Integration Act 2009". 41.2 In section 5(3) for "Transport Act 1983" substitute "Transport Integration Act 2009 and the Transport (Compliance and Miscellaneous) 15 Act 1983". 41.3 Section 5(10)(a) is repealed. 41.4 In section 5(10)(b) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 20 41.5 In section 31(2)— (a) in paragraph (a) for "Transport Act 1983" substitute "Transport Integration Act 2009"; (b) in paragraph (d) for "Transport Act 1983" 25 substitute "Transport (Compliance and Miscellaneous) Act 1983"; (c) in paragraph (k) for "Rail Corporations Act 1996" substitute "Rail Management Act 1996". 30 41.6 In section 125(3) for "Transport Act 1983" substitute "Transport Integration Act 2009".
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42 Road Safety Act 1986 42.1 In section 3(1)— (a) in the definition of bus company for "Transport Act 1983" substitute 5 "Transport (Compliance and Miscellaneous) Act 1983"; (b) in paragraph (a) of the definition of commercial motor vehicle for "Transport Act 1983" substitute "Transport 10 (Compliance and Miscellaneous) Act 1983"; (c) in the definition of passenger transport company for "Transport Act 1983" substitute "Transport (Compliance and 15 Miscellaneous) Act 1983"; (d) for the definition of Rail Track substitute— "Rail Track means Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2009;"; 20 (e) in the definition of road or transport law for "Transport Act 1983" (wherever occurring) substitute "Transport (Compliance and Miscellaneous) Act 1983"; (f) in the definition of taxi-cab for "Transport 25 Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983"; (g) in paragraph (c) in the definition of traffic infringement for "Transport Act 1983" 30 substitute "Transport (Compliance and Miscellaneous) Act 1983".
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42.2 In section 77(2)(db) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 42.3 In section 87(1AD) for "Transport Act 1983" 5 substitute "Transport (Compliance and Miscellaneous) Act 1983". 42.4 In section 91(2) for "section 32 of the Transport Act 1983" substitute "section 115 of the Transport Integration Act 2009". 10 42.5 In section 92(1) for the definition of public transport regulator substitute— "public transport regulator means— (a) the Director of Public Transport within the meaning of section 3 of the 15 Transport Integration Act 2009; (b) the Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2009;". 42.6 In section 191BA for "Transport Act 1983" 20 substitute "Transport (Compliance and Miscellaneous) Act 1983". 43 Safety on Public Land Act 2004 In section 3 in the definition of transport authority— 25 (a) for "Rail Corporations Act 1996" (wherever occurring) substitute "Rail Management Act 1996"; (b) in paragraph (d) for "Transport Act 1983" substitute "Transport Integration Act 30 2009".
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44 Southgate Project Act 1994 In section 3 in paragraph (a) of the definition of owner— (a) for "a declared road within the meaning of 5 the Transport Act 1983" substitute "a road within the meaning of the Road Management Act 2004"; (b) for "established by Division 2 of Part 2 of the Rail Corporations Act 1996" substitute 10 "within the meaning of section 3 of the Transport Integration Act 2009". 45 Taxation Administration Act 1997 In section 92(1)(e)(ve) for "established by section 15 of the Transport Act 1983" substitute 15 "within the meaning of section 3 of the Transport Integration Act 2009". 46 Transport Accident Act 1986 46.1 In section 3(1) in paragraph (a) of the definition of recreation vehicle for "Transport Act 1983" 20 substitute "Transport (Compliance and Miscellaneous) Act 1983"; 46.2 In section 134 in paragraph (d) of the definition of registered motor car for "Transport Act 1983" substitute "Transport (Compliance and 25 Miscellaneous) Act 1983". 46.3 In section 135(3)(e)(i) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 46.4 In section 135(4)(b) for "Transport Act 1983" 30 substitute "Transport (Compliance and Miscellaneous) Act 1983". 46.5 In section 135(5) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983".
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47 Treasury Corporation of Victoria Act 1992 47.1 In section 36A in the definition of public authority for "V/Line Passenger Corporation" substitute "V/Line Corporation". 5 47.2 In column 1 of Schedule 1 for "V/Line Passenger Corporation" substitute "V/Line Corporation". 47.3 In column 2 of Schedule 1 for "Rail Corporations Act 1996" (wherever occurring) substitute "Transport Integration Act 2009". 10 48 Victims of Crime Assistance Act 1996 In section 16(ac) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 49 Victorian Civil and Administrative Tribunal 15 Act 1998 49.1 In section 52(4) in paragraph (h) of the definition of planning enactment for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 20 49.2 In clause 2 of Schedule 1 in paragraph (h) of the definition of planning enactment for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". 50 Victorian Urban Development Authority Act 2003 25 50.1 In section 53(2)— (a) paragraph (b) is repealed; (b) for paragraph (c) substitute— "(c) Victorian Rail Track within the meaning of section 3 of the Transport 30 Integration Act 2009; or"; (c) in paragraph (d) for "Rail Corporations Act 1996" substitute "Rail Management Act 1996".
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50.2 In section 53(3)— (a) omit "or the Southern Cross Station Authority"; (b) for "Transport Act 1983" substitute 5 "Transport Integration Act 2009". 51 Water Act 1989 51.1 In section 152(5)— (a) in paragraph (a) for "Transport Act 1983" substitute "Transport (Compliance and 10 Miscellaneous) Act 1983"; (b) in paragraph (b) for "Rail Corporations Act 1996" substitute "Rail Management Act 1996". 51.2 In section 241(2A) for "established by Division 2 15 of Part 2 of the Rail Corporations Act 1996" substitute "within the meaning of section 3 of the Transport Integration Act 2009". 52 Water Industry Act 1994 52.1 In clause 1 of Schedule 1 for "established by 20 Division 2 of Part 2 of the Rail Corporations Act 1996" substitute "within the meaning of section 3 of the Transport Integration Act 2009". 52.2 In clause 2 of Schedule 1 for "established by Division 2 of Part 2 of the Rail Corporations Act 25 1996" substitute "within the meaning of section 3 of the Transport Integration Act 2009". 53 Working with Children Act 2005 53.1 In section 32A(1) for "Transport Act 1983" substitute "Transport (Compliance and 30 Miscellaneous) Act 1983". 53.2 In section 32A(2) for "Transport Act 1983" (where first occurring) substitute "Transport Integration Act 2009".
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53.3 In section 32A(2)(a) for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". ═══════════════
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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Introduction Print
EXPLANATORY MEMORANDUM1
General The Transport Integration Bill 2009 (the Bill) establishes a new framework for the provision of an integrated and sustainable transport system in Victoria. The Bill does this by setting out a contemporary policy framework in law which includes— • a vision statement; • transport system objectives; and • decision making principles. Diagram 1 below summarises the policy framework—
NEW POLICY FRAMEWORK FOR TRANSPORT
Vision: an integrated and sustainable transport system that contributes to an inclusive, prosperous and environmentally responsible State. Transport system objectives: • social and economic inclusion
• economic prosperity • environmental sustainability • integration of transport and land use • efficiency, coordination and reliability • safety and health and wellbeing.
Decision making principles: • principle of integrated decision making • principle of triple bottom line assessment • principle of equity • principle of the transport system user perspective
• precautionary principle • principle of stakeholder engagement and community participation • principle of transparency.
561223 1 BILL LA INTRODUCTION 7/12/2009 Modern transport legislation is a crucial step in meeting the major transport challenges facing Victoria and supporting the State's current and future transport priorities. For the first time in Victoria, the Bill establishes a policy framework in legislation which applies to the entire transport portfolio. The framework provides a common direction for transport across the State, underpinned by contemporary policy, regulatory and operational settings. The Bill's core focus is integration and sustainability. It supports the delivery of a transport system in which each part of the system works as part of an integrated and sustainable whole. With this common vision, transport decision-makers will be charged with seeking to achieve the broader social, environmental and economic outcomes the community wants from its transport system. Crucially, the Bill highlights the importance of the integration of transport and land use. It also supports a collaborative approach in the planning and development of our transport system. The Bill recognises that an integrated and sustainable transport system is critical for an inclusive, prosperous and environmentally responsible Victoria. The Victorian Transport Plan The Victorian Transport Plan (VTP) is the Government's $38 billion program of action to modernise and increase the capacity of our transport system over the next decade and beyond. The vision for an integrated and sustainable transport system that contributes to a prosperous, inclusive, and environmentally responsible Victoria is enshrined in law by this landmark Bill and is strongly supported by the unprecedented investment in the transport system set out in the VTP. As noted in the VTP— The Transport Integration Bill will set a strong new direction for transport policy and legislation in Victoria, aimed at building an integrated and sustainable transport network. It will establish new overarching principles to provide transport decision-makers with a clear legislative framework and enable more effective planning and coordination of transport services, as well as consolidate existing legislation and remove duplicate and redundant provisions (page 146). The Bill guides long term planning in the portfolio, including future revisions of the VTP.
2 A new central statute for transport in Victoria This new principal transport statute presents an historic opportunity to refocus our policy and legislative settings to facilitate the delivery of an integrated and sustainable transport system. The Bill largely replaces the Transport Act 1983. Among the limitations of the current legislative arrangements for transport, including those in the Transport Act— • There is no clear vision for the transport system. • There is minimal guidance about social policy objectives. • Environmental objectives are barely mentioned, particularly in the Transport Act. • Transport bodies are established under different statutes and have different objectives which do not connect to a single and contemporary policy framework. • Some decision-makers who can influence transport outcomes are neither established in, nor recognised by, the Transport Act. Diagram 2 highlights some of these shortcomings. It depicts the Transport Act 1983 at the centre of a legislative structure which lacks a policy theme. In particular, the Transport Act is predominantly a land transport Act, while the ports and marine sectors are currently governed by discrete subject- specific Acts. Despite facing common challenges, land and water-based transport in Victoria are not governed by a single overarching statute. The current structure also lacks connection with key non-transport legislation which has important impacts on transport in Victoria.
3 Diagram 2
Victoria is leading the nation by developing modern transport legislation that strongly supports a clear vision for an integrated and sustainable transport system. Diagram 3 sets out the target structure for Victoria's transport legislation. The new framework represents major policy driven renewal and restructure of the current framework. Achieving the settings outlined in the structure establishes clearer directional accountabilities for all those involved in the planning, delivery, management and regulation of transport services and infrastructure in Victoria.
4 The structure depicts the connecting of ports and water-based transport settings with those for land transport. This is the first time that Victoria will have legislation integrating all of its transport components. The structure also depicts newly established connections to key transport related land use legislation such as the Planning and Environment Act 1987 and the Local Government Act 1989.
Diagram 3
5 The Transport Integration Bill The Transport Integration Bill has two major components— • The new policy framework for an integrated and sustainable transport system. • The establishment of transport bodies and their alignment to the new policy framework. These components combine to bring the entire transport system together.
The purpose—an integrated and sustainable transport system for Victoria The purpose of the Bill is to create a new framework for the provision of an integrated and sustainable transport system in Victoria consistent with the vision statement. This is set out in Part 1 of the Bill, in addition to preliminary matters such as definitions. It is intended that the vision statement, objectives and decision making principles provided in the Bill directs, and supports, the establishment of an integrated and sustainable transport system.
Integration The different parts of the transport system must operate together as far as possible as a seamless system to achieve transport integration. The Bill recognises that we have one transport system in Victoria to move people and goods—and that we must set policy, make decisions and manage this one system in an integrated way. The Bill recognises that transport planning and land use planning are two sides of the same coin. Land use decisions determine existing and future transport needs, and transport decisions can alter land use patterns. For example, the location of housing and businesses affects levels of travel to and from those locations. Building new transport infrastructure or providing new transport services may also increase demand for housing or commercial development in particular areas. A successful transport system relies on optimal arrangements for the location of activities and populations, to support prosperous and sustainable communities linked by high quality transport services. Such communities rely on an integrated transport system to provide a range of transport options, together with land use patterns that maximise access to transport as well as other services, goods and activities—for example, through building housing close to areas of employment.
6 Environmental, social and economic outcomes all rely on transport and land use being integrated. Interface bodies are also identified by the Bill. Though these are not transport agencies located in the transport portfolio itself, the Bill for the first time explicitly acknowledges the important role of non-transport agencies in creating an effective transport system. Agencies that plan for the development of our State—such as local government, land managers, VicUrban, the Growth Areas Authority and Parks Victoria—are listed as interface bodies under the Bill. Similarly, the legislation under which these bodies perform their functions is declared interface legislation and directed toward the new policy framework. This is a key aspect of this reform. The interface bodies are required to have regard to the vision, objectives and decision making principles when their decisions are likely to have a significant impact on the transport system. The Bill creates a common platform so a more integrated and coordinated effort can be built across many areas of government as a means of creating an even better transport system for Victorians.
Sustainability The transport system needs to be planned, operated and managed so that it is sustainable. A sustainable transport system works to secure ongoing economic, social and environmental benefits for the State. A transport system needs to support social outcomes by being inclusive and providing access to economic and social opportunities. It enables people to get to their jobs and visit their families and friends. The system can also support the health and wellbeing of individuals and communities, for example, by encouraging walking and cycling. A transport system needs to support prosperity through efficient and effective access to jobs, markets and services. It facilitates economic activity in vital sectors such as freight and logistics and the tourism industry. A transport system needs to support environmental responsibility by seeking to protect the local and global environment, by mitigating negative impacts, by promoting forms of transport as well as forms of energy and technologies which have the least impact on the natural environment, and by improving the environmental performance of all forms of transport. When transport and land use are integrated, they contribute to better environmental outcomes by minimising the amount of travel needed and increasing access to sustainable transport options, including walking and cycling.
7 Creating a sustainable transport system involves looking at impacts and outcomes over the long term. This requires robust strategic planning processes which set clear priorities and reflect integrated transport and land use planning. The Bill facilitates sustainability in many different ways. It does this through the inclusion of objectives, based on the core components of sustainable transport that embed sustainability into our thinking. It facilitates sustainability through the inclusion of key decision making principles such as the precautionary principle, the principle of triple bottom line assessment, and the equity principle.
A new policy framework for transport The policy framework in Part 2 of the Bill provides the guidance needed to better achieve an integrated and sustainable transport system. It comprises a vision, transport system objectives and decision making principles. The vision statement tells all decision-makers what the transport system should work towards now and in the future. The vision was introduced into the framework in response to stakeholder comments about the direction and structure of the policy framework. It was suggested that there should be an overall aspirational vision for transport in Victoria at the top level, under which the other objectives and principles would sit. Stakeholders commented that the vision needed to be bold and enduring and act as a guide for transport over the next 20 or more years. The objectives set out the outcomes the community wants from the transport system. The objectives centre on a triple bottom line approach—specific social, environmental and economic objectives—as well as objectives related to "transport and land use integration", "efficiency, coordination and reliability" and "safety and health and wellbeing" working together to support this aim. The decision making principles set out the other key considerations and processes which facilitate good decision making. Many reflect leading practices and are based on contemporary principles of sustainability. The Policy Statement, Towards an integrated and sustainable transport future: A new legislative framework for transport in Victoria, released in July 2009, provides additional guidance for decision-makers on the context and purpose of this new framework. Other transport policy documents, including Port Futures (2009), Freight Futures (2008) and the Victorian Cycling Strategy (2009), provide further context for integrated transport decisions. Part 2 of the Bill provides for the application of the policy framework to transport and interface bodies.
8 The Bill requires all transport bodies to have regard for the transport system objectives and the decision making principles, and all interface bodies to have regard for those objectives and principles (when those decisions are likely to have a significant impact on the transport system). Requiring transport bodies and some non-transport bodies to have regard for the objectives and decision making principles supports more consistent decision making. The objectives and decision making principles in the framework are to be considered in a wide range of transport decisions and activities. Having regard to the policy framework necessarily involves tensions between competing objectives and/or decision making principles. The need to balance competing considerations is inherent in the operation of the new framework. Transport bodies and interface bodies may themselves assess and determine the weight to be given to the transport system objectives and the decision making principles. The framework is flexible and dynamic rather than prescriptive. This enables it to operate effectively and over time. It provides an outcomes-based platform to enable transport bodies to develop innovative policies and practices to achieve these goals. Practical guidance and other supporting materials may be provided under the framework to enable the best transport decisions to be made. Part 2 of the Bill enables the Minister to make statements of policy principles that provide support to transport and interface bodies on the interpretation and application of the framework.
Changes supporting implementation of the framework and improved integration and coordination A contemporary approach to the transport portfolio is needed to achieve the vision for transport set out in the Bill. Parts 3 to 7 of the Bill establish transport bodies, with their charters aligned with the policy framework. This supports the coordination and integration of the transport portfolio and directs the bodies towards integration and sustainability outcomes. Part 3 of the Bill sets out the general powers of the Minister and Secretary of the Department of Transport as well as the charter of the Department to support the Minister in the administration of the Bill. It provides for the establishment of a Transport Infrastructure Development Agent (TIDA) to effectively and efficiently develop transport projects, including those in the Victorian Transport Plan, and to deliver those projects under the Project Development and Construction Management Act 1994 or Major Transport Projects Facilitation Projects Act 2009. The TIDA enables the transport portfolio to better deliver an integrated and sustainable transport system on the ground.
9 Part 4 sets out the planning requirements for the portfolio, including requiring the Department to prepare or revise both the Victorian Transport Plan and its corporate plan in line with the policy framework. The corporate planning provisions apply across all of the transport agencies established in the Bill and enable a more integrated planning process led by the Department and aligned to the policy framework. Provisions regarding planning are vital to underpin the longer term achievement of an integrated and sustainable transport system. Part 5 continues the establishment of Victoria's transport system agencies. It establishes the Director of Public Transport, who is responsible for managing our public transport system, and the Roads Corporation (VicRoads) which is responsible for road management, construction, maintenance and safety as well as supporting public transport, and walking and cycling. Part 6 provides for the State's transport corporations. It continues the establishment of Victorian Rail Track, V/Line Corporation and establishes the Linking Melbourne Authority (which is the successor in law to the Southern and Eastern Integrated Transport Authority). Part 7 provides for the State's independent safety compliance and investigation offices. It includes the Director, Transport Safety and the Chief Investigator, Transport Safety. The Director, Transport Safety is charged with the safety regulation of rail, bus and marine transport, thereby subsuming the current roles of the Director, Public Transport Safety and the Director of Marine Safety. The revised charters of the Director of Public Transport and VicRoads provide a cogent demonstration of an updated approach. A common goal is included for each agency to increase the share of transport trips made by sustainable modes and therefore these transport bodies are given a platform to work together to achieve more sustainable outcomes. This is expected to lead to greater coordination in planning an effective transport network catering for sustainable modes, supported by appropriate infrastructure and modal priority. While the formal transfer of port corporations into the future Transport Integration Act is expected to occur in 2010, the anticipated structure of agencies under the Transport Integration Bill in its final form is represented in the diagram below. Diagram 4 below sets out the structure of transport agencies proposed in the Bill. Diagram 5 depicts the final target structure for agencies in the portfolio.
10 Diagram 4
Diagram 5
11 Consequential Part 8 of the Bill relates to general matters, including regulation-making powers.
Clause Notes
PART 1—PRELIMINARY Part 1 of the Bill provides for preliminary matters, including the purpose, commencement and definitions.
Clause 1 The purpose of the Bill is to create a new framework for the provision of an integrated and sustainable transport system in Victoria consistent with the vision statement provided in clause 6 of the Bill. The framework consists of an overarching vision for the transport system (set out in Division 1 of Part 2), transport system objectives (set out in Division 2 of Part 2), decision making principles (set out in Division 3 of Part 2).
Clause 2 provides for the commencement of the Bill. Subclause (1) provides that clause 1 and clause 2 come into operation on the day after the day on which this Act receives the Royal Assent. Subclause (2) provides that subject to subclause (3), the remaining provisions of the Bill come into operation on a day or days to be proclaimed. Subclause (3) provides that if any of the provisions under subclause (2) do not come into operation before 1 July 2011, then those provisions of the Bill will come into operation on 1 July 2011.
Clause 3 sets out definitions for the purposes of the Bill. Key definitions used in the Bill include— decision making principles which refers to the principles specified in Division 3 of Part 2 of the Bill. interface body which refers to the persons and bodies listed in this definition of the Bill (such as a Municipal Council under the Local Government Act 1989). Aside from the listed interface bodies, a person or body can declared to be an interface body for the purposes of the Bill under another Act or by Order in Council made under the Bill.
12 interface legislation which refers to the legislation that has significant interface with the transport system. Interface legislation includes the Planning and Environment Act 1987, the Local Government Act 1989, the Parks Victoria Act 1998; and Part 4 of the Water Industry Act 1994. Consequential amendments make the status of these statutes as interface legislation for the purposes of the Bill apparent on the face of each Act. Aside from the listed interface legislation, legislation can be declared to be interface legislation for the purposes of the Bill under another Act. The term interface legislation operates in conjunction with the term interface body; public transport system which refers to public transport and the public transport related components of the transport system including any passenger services; road system which refers to the roads and road related components of the transport system including any transport services, motor vehicles and any other users of the road system. It should also be noted that the Road Management Act 2004 continues to define many aspects of the road system such as road, road-related infrastructure and roadside; transport body which refers to the bodies listed under this definition, including the Minister, the Secretary of the Department of Transport, the Department, or agencies involved in some aspect of the transport system. Apart from the listed transport bodies, a body can declared to be a transport body for the purposes of the Bill under another Act or by Order in Council made under the Bill; A transport body is a public body such as statutory appointees, statutory corporations and other administrative agencies which are established, or provided for, under transport legislation or have responsibility for the administration, implementation or enforcement of any provision of transport legislation. transport legislation refers to the legislation listed under this definition including the Road Management Act 2004, the Marine Act 1988 and the Rail Management Act 1996. Consequential amendments are made to each of these Acts so that their status as transport legislation for the purposes of the Bill is apparent for the face of the Act.
13 Transport legislation is intended to include all Victorian legislation that is primarily concerned with the transport system and accordingly falls under the policy and administrative framework established by the Bill. Apart from the listed transport legislation, legislation can also be declared transport legislation for the purposes of the Bill under another Act. transport system which refers to the components that make up the system for the movement of persons and goods, and includes— • the physical components; • the management components; • the labour components; • the services components. The term transport system is defined in broad terms and incorporates all aspects of rail, road and marine transport. transport system objectives which refers to the objectives specified in Division 2 of Part 2 of the Bill. The transport system objectives listed at Division 2 of Part 2 of the Bill are— • social and economic inclusion; • economic prosperity; • environmental sustainability; • integration of transport and land use; • efficiency, coordination and reliability; • safety and health and wellbeing. The transport system objectives have been developed to describe the outcomes that the transport system should seek to achieve; vision statement which refers to the vision statement set out in clause 6.
Clause 4 provides that a public body can be declared to be a transport body or an interface body by Order in Council. Subclause (1) provides that the Governor in Council, on the recommendation of the Minister, may declare by Order in Council published in the Government Gazette—
14 • a public body to be a transport body for the purpose of the Bill. The Order in Council may specify that a body is declared to be a transport body either generally or when carrying out particular functions or powers under any transport legislation; • a public body to be an interface body for the purpose of the Bill. The Order in Council may specify that a body is declared to be an interface body either generally or when carrying out particular functions or powers under any interface legislation. Transport bodies and interface bodies will not be private bodies. Subclause (2) provides that a recommendation under clause 4 that a body be declared a transport body or an interface body must only be made after the Minister has consulted with the Minister responsible for the administration of that body.
Clause 5 provides that the Bill is to bind the Crown in the right of Victoria and in all its other capacities. To avoid any doubt, the clause also provides that the Crown is a body corporate for the purposes of the Bill and any regulations made under the Bill.
PART 2—VISION STATEMENT, OBJECTIVES, PRINCIPLES AND STATEMENTS OF POLICY PRINCIPLES Part 2 of the Bill sets out the vision statement, the transport system objectives, the decision making principles and allows for the issuing of statements of policy principles. Collectively, the vision statement, transport system objectives, and decision making principles provide an overarching framework that defines the policy directions and outcomes for the transport system in Victoria. The overarching framework provides a common focus for the many different bodies involved in Victoria's transport system. Division 1 provides the vision statement, Division 2 provides the transport system objectives, Division 3 provides the decision making principles, Division 4 provides for the statements of policy principles and Division 5 provides interpretation and guidance.
15 Division 1—Vision Statement Division 1 of Part 2 of the Bill provides a vision statement for the transport system in Victoria. The vision statement is intended to be an enduring statement. The transport system objectives and decision making principles sit under, and support, the vision statement.
Clause 6 provides the vision statement for the transport system. The vision statement is that Parliament recognises the aspirations of Victorians for an integrated and sustainable transport system that contributes to an inclusive, prosperous and environmentally responsible State. This vision statement is linked to the purpose of the Bill, but has been provided separately as it is intended to be an aspirational statement of long term policy.
Division 2—Transport System Objectives Division 2 of Part 2 of the Bill provides transport system objectives. The transport system objectives aspire to specific consideration of social, environmental and economic objectives as well as objectives related to "transport and land use integration", "efficiency, coordination and reliability" and "safety and health and wellbeing". The context for each of the transport system objectives is explained in detail in the Government's 2009 Policy Statement: "Towards an integrated and sustainable transport future: A new legislative framework for transport in Victoria". The transport system objectives "cascade" down into the object of each transport agency established, or appointed, under the Bill. Aligning the transport system objectives to the objects in this way encourages transport agencies to recognise their role within one transport system and work consistently and cooperatively to achieve the intended outcomes, and reduce the risk of inconsistent activities.
Clause 7 sets out that Division 2 provides the transport system objectives for the purposes of the Bill. The six transport system objectives are set out in clauses 8, 9, 10, 11, 12 and 13 of the Bill.
Clause 8 describes the objective of social and economic inclusion. This objective outlines that the transport system should provide a means by which people can access social and economic opportunities to support individual and community wellbeing.
16 The objective of social and economic inclusion includes minimising barriers to access so that, so far as possible, the transport system is available to as many people as wish to use it. In addition, there is a need to provide tailored infrastructure, services and support for people who find it difficult to use the transport system. It may not be possible for the transport system to meet all highly specific accessibility needs because of cost or operational performance considerations. In these situations a tailored response is likely to be fairer as well as being more operationally effective and financially efficient.
Clause 9 describes the objective of economic prosperity. This objective acknowledges transport's role in supporting Victoria's economy and recognises that the transport system plays a role in facilitating economic prosperity. This objective includes— • enabling efficient and effective access for persons and goods to employment, markets and services; • increasing efficiency through reducing costs and improving timeliness; • fostering competition by providing access to markets; • facilitating investment in Victoria; • supporting financial sustainability.
Clause 10 describes the objective of environmental sustainability which intends to highlight the importance of supporting good environmental outcomes. This can occur by— • protecting, conserving and improving the natural environment; • avoiding, minimising and offsetting harm to the local and global environment (including through transport related emissions and pollutants and the loss of biodiversity); • promoting forms of transport and the use of forms of energy and transport technologies which have the least impact on the natural environment;
17 • improving the environmental performance of all forms of transport and the forms of energy used in transport.
Clause 11 describes the objective of integration of transport and land use. This objective recognises that transport and land use are two sides of the same coin. Land use decisions determine existing and future transport needs, and transport decisions can alter land use patterns. Subclause (1) describes that the transport system should provide for the effective integration of transport and land use and should facilitate access to social and economic opportunities. Subclause (2) provides that, without limiting the generality of subclause (1), transport and land use should be effectively integrated so as to improve accessibility and transport efficiency with a focus on— • maximising access to residences, employment, markets, services and recreation; • more effective planning and development of the transport system; • reducing the need for private motor vehicle transport and the extent of any travel; and • facilitating better access and mobility at the local area level. Subclause (3) provides that, without limiting the generality of subclause (1), transport and land use should be aligned, complementary and supportive and ensure that— • transport decisions are made having regard to the current and future impact on land use; • land use decisions are made having regard to the current and future development and operation of the transport system; • transport infrastructure and services are provided in a timely manner to support changing land use and associated transport demand. Subclause (4) provides that, without limiting the generality of subclause (1), the transport system should improve the amenity of communities and minimise impacts of the transport system on adjacent land uses.
18 Clause 12 describes the objective of efficiency, coordination and reliability. Subclause (1) provides that the transport system should facilitate network-wide efficient, coordinated and reliable movements of persons and goods at all times. Subclause (2) provides that, without limiting the generality of subclause (1), the transport system should— • balance efficiency across the network so as to optimise the network capacity of all modes of transport and reduce journey times; • maximise the efficient use of resources including infrastructure, land, services and energy; • facilitate integrated and seamless travel within and between different modes of transport; • provide predictable and reliable services and journey times and minimise any inconvenience caused by disruptions to the transport system.
Clause 13 describes the objective of safety and health and wellbeing. Subclause (1) states that the transport system should be safe and support health and wellbeing. Subclause (2) is not intended to limit the generality of subclause (1) and provides that the transport system should— • seek to continually improve the safety performance of the transport system through— • safe transport infrastructure; • safe forms of transport; • safe transport system user behaviour; • avoid and minimise the risk of harm to persons arising from the transport system; • promote forms of transport and the use of forms of energy which have the greatest benefit for, and least negative impact on, health and wellbeing.
19 Division 3—Decision making principles Division 3 of Part 2 of the Bill provides decision making principles for decisions affecting the transport system. The policy context for each of the decision making principles is explained in greater detail in the July 2009 Policy Statement: "Towards an integrated and sustainable transport future: A new legislative framework for transport in Victoria".
Clause 14 sets out that Division 3 provides the decision making principles for the purposes of the Bill. The seven decision making principles are set out in clauses 15, 16, 17, 18, 19, 20 and 21 of the Bill.
Clause 15 describes the principle of integrated decision making. The principle of integrated decision means seeking to achieve Government policy objectives through coordination between all levels of government and government agencies and with the private sector. The intention of this principle is to highlight that integrated decision making involves the achievement of broader policy, including policy beyond the transport portfolio and coordination across various tiers of the public sector and the private sector.
Clause 16 describes the principle of triple bottom line assessment. The principle of triple bottom line assessment means the assessment of economic, social and environmental costs and benefits taking into account externalities and value for money. The principle is intended to highlight the importance of a triple bottom line approach in making transport decisions.
Clause 17 describes the principle of equity. The principle of equity means equity between people irrespective of personal attributes, including age, physical ability, ethnicity, culture, gender and financial situation, or location including growth, urban, regional, rural or remote areas. The principle of equity also means equity between generations, that is, the current generation not compromising the ability of future generations to meet their needs. The principle of equity intends to highlight that the transport system needs to have regard for a range of equity considerations.
20 Clause 18 describes the principle of the transport system user perspective. The principle of the transport system user perspective means an understanding of the requirements of transport system users, including their information needs, and enhancing the useability of the transport system and the quality of experiences of the transport system. This principle emphasises that considering the requirements and needs of transport system users will lead to better transport system user experiences.
Clause 19 describes the precautionary principle. The precautionary principle means that the lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation if there are threats of serious or irreversible environmental damage. This requires decision making to include a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable and an assessment of the risk-weighted consequences of various options.
Clause 20 describes the principle of stakeholder engagement and community participation. The principle of stakeholder engagement and community participation means decision making taking into account the interests of stakeholders, including transport system users and members of the local community, and adopting appropriate processes for stakeholder engagement. This principle acknowledges the importance of considering stakeholder and community interests and allows for tailored engagement processes to be adopted depending on the activity.
Clause 21 describes the principle of transparency. The principle of transparency means giving members of the public access to reliable and relevant information in appropriate forms to facilitate a good understanding of transport issues and the process by which decisions in relation to the transport system are made.
21 Division 4—Statements of policy principles Division 4 of Part 2 of the Bill provides a mechanism by which the Minister can make statements of policy principles. This mechanism could be used, for example, to provide interpretation of the transport system objectives or decision making principles or give guidance as to the priority of transport system objectives or decision making principles. It could also be used by the Minister to provide further policy guidance to transport bodies or interface bodies, by identifying additional objectives or principles that may be appropriate from time to time either generally or in relation to particular powers or functions or classes of powers or functions. A statement of policy principles must be consistent with the vision statement and transport system objectives. The Minister will be required to have regard to the decision making principles in making any such statements of policy principles. Where there is more than one Minister who has responsibility for the transport portfolio, it is intended that either Minister will be able to issue statements of policy principles in respect of their respective areas of responsibility, and that joint statements can also be issued.
Clause 22 provides that the Minister may issue a statement of policy principles. Subclause (1) empowers the Minister to issue a statement of policy principles for the purposes of the Bill. Subclause (2) provides that where the Minister proposes to issue a statement of policy principles which will apply to, or affect, an interface body the Minister must obtain the agreement of the Minister responsible for that interface body before issuing the statement of policy principles. Subclause (3) stipulates that a statement of policy principles issued by the Minister must be consistent with the vision statement and the transport system objectives. Subclause (4) requires the Minister to have regard to the decision making principles in making any statements of policy principles. Subclause (5) provides for when there are two Ministers which have responsibility for the administration of the Bill. It is intended that either Minister should be able to issue a statement of policy principles in respect of their respective areas of responsibility, and that joint statements could also be issued.
22 Subclause (6) stipulates that a statement of policy principles may provide that specified policy principles apply to— • a specified transport body in the exercise of powers or the performance of functions under transport legislation; • a specified interface body in the exercise of powers or the performance of functions under interface legislation; • the exercise of specified powers or the performance of a specified function by a transport body or an interface body. Subclause (7) requires a statement of policy principles issued by a Minister to be published in the Government Gazette and also on an internet website maintained by the Department. Subclause (8) provides that the Minister must provide a copy of a statement of policy principles to any transport body or interface body affected by the statement of policy principles as soon as practicable after the statement of policy principles is issued by that Minister.
Division 5—Interpretations and guidance Division 5 of Part 2 of the Bill provides for interpretation and guidance for the Bill.
Clause 23 gives guidance for the interpretation of the Bill. It is the intention of Parliament that the Bill is to be administered and interpreted having regard to the following— • the vision statement; • the transport system objectives; • the decision making principles; • any statement of policy principles.
Clause 24 provides transport bodies with guidance on transport system objectives, decision making principles and statements of policy principles. Subclause (1) provides that a transport body must have regard to the transport system objectives when exercising its powers and performing its functions under any transport legislation. Subclause (2) provides that a transport body must have regard to the decision making principles in making decisions under any transport legislation.
23 Subclause (3) provides that if a transport body is a specified transport body in a statement of policy principles, then the transport body must have regard to the specified policy principles under that statement. Subclause (4) provides that if a transport body is exercising a power which is a specified power in a statement of policy principles or performing a function which is a specified function in a statement of policy principles, then that transport body must have regard to the specified policy principles under the statement of policy principles. Subclause (5) provides that an Act specified in the heading to an item in Schedule 1 of the Bill is amended, on the commencement of that item or a provision of that item as set out in that item or provision. Schedule 1 of the Bill provides for amendments to transport legislation.
Clause 25 provides interface bodies with guidance on transport system objectives, decision making principles and statements of policy principles. Subclause (1) provides that an interface body must have regard to the transport system objectives when exercising its powers and performing its functions under any interface legislation where those functions and powers are likely to have a significant impact on the transport system. Subclause (2) provides that an interface body must have regard to the decision making principles in making decisions under any interface legislation where those decisions are likely to have a significant impact on the transport system. Subclause (3) provides that if an interface body is a specified interface body in a statement of policy principles, then the interface body must have regard to the specified policy principles under that statement. Subclause (4) provides that if an interface body is exercising a power which is a specified power in a statement of policy principles or performing a function which is a specified function in a statement of policy principles, then that transport body must have regard to the specified policy principles under that statement. Subclause (5) provides that an Act specified in the heading to an item in Schedule 2 of the Bill is amended on the commencement of that item or a provision of that item as set out in that item or provision. Schedule 2 of the Bill provides for the amendments to interface legislation.
24 Clause 26 provides that a transport body or interface body may determine the weight to be given to transport system objectives. In particular, this clause provides that for the purposes of clause 24 and clause 25 a transport body or an interface body may determine the weight to be given to each transport system objective. It is the intention of clause 26 to recognise that there could be tension between two or more of the transport system objectives and the weight to be given will vary depending on the scale and impact of the decision at hand and all relevant circumstances. This means that the regard given will be flexible and dynamic, rather than restrictive.
Clause 27 provides that a transport body or interface body may determine the weight to be given to decision making principles. In particular, this clause provides that for the purposes of sections 24 and 25 a transport body or an interface body may determine the weight to be given to each decision making principle. It is the intention of clause 27 to recognise that there could be tension between two or more of the decision making principles and the weight to be given will vary depending on the scale and impact of the decision at hand and all relevant circumstances. This means that the regard given will be flexible and dynamic, rather than restrictive.
Clause 28 provides for the effect of Part 2. This clause provides that Parliament does not intend for anything within Part 2 of the Bill to create in any person any legal right or to give rise to any civil cause of action.
PART 3—ADMINISTRATION Part 3 provides for the administration of the Bill. Division 1 of Part 3 relates to the Minister or Ministers administering the Bill. Division 2 of Part 3 relates to the Department. Division 3 of Part 3 relates to the Secretary of the Department. Division 4 of Part 3 provides for the establishment of the Transport Infrastructure Development Agent. Division 5 of Part 3 provides a process for the transfer of transport projects.
25 Division 1—The Minister Division 1 of Part 3 of the Bill sets out provisions relating to the Minister. It is noted that responsibility for administering transport legislation is currently divided between two Ministers—the Minister for Public Transport and the Minister for Roads and Ports. Where there is more than one Minister who has responsibility for the transport portfolio, it is intended that Part 3 will apply to each of those Ministers.
Clause 29 prescribes general powers for the Minister. Subclause (1) provides the Minister with the power to do anything that is set out in the Bill or that is necessary or convenient to be done for or in connection with, or as incidental to, the functions of the Minister under the Bill or any other Act. Subclause (2) provides that nothing in clause 29 limits the powers of a Minister at common law or under any convention or practice relating to powers of Ministers generally.
Clause 30 empowers the Minister to appoint any person or establish any body to provide the Minister with advice. Subclause (1) provides that the Minister may from time to time appoint any person or establish any body comprising persons with experience or expertise in, or able to offer informed advice about, the transport system. The Minister can appoint a person or establish a body by Order published in the Government Gazette. The person appointed or body established can— • advise the Minister on any matter relating to the transport system referred to that person appointed or body established; or • exercise any of the powers and functions of the Minister that are delegated to that person appointed or body established under the Bill or any other transport legislation. Subclause (2) provides that the Minister who has made an Order under subclause (1) will be able to make any provision with respect to the terms and conditions of appointment of the person or of the members of the body and the functions and procedures of the person or the body as the Minister thinks fit. Subclause (3) provides that any person appointed or body established by the Minister under Subclause (1) is declared to be a transport body.
26 Subclause (4) provides that clause 30 of the Bill is not intended to limit any other power of the Minister to establish advisory committees or other similar bodies or to have regard to their advice.
Clause 31 provides a delegation power for the Minister. Subclause (1) provides that the Minister may delegate to any person, by instrument, any of its functions, duties or powers under any Act or regulations, other than— • this power of delegation; • any power conferred on the Minister to make statements of policy principles or determinations of policy or give directions. Subclause (2) provides that a delegation under this clause may be made— • in relation to a person or class of persons specified in the instrument of delegation; or • in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.
Division 2—The Department Division 2 of Part 3 of the Bill sets out provisions relating to the Department of Transport and clarifies that portfolio coordination and strategic policy is the responsibility of the Department. The Department is given a clear leadership role across the portfolio which includes— • assisting the Minister in the administration of the Bill and any transport legislation; • setting the strategic policy and performance measures for the transport portfolio; • leading strategic policy development and planning in the transport portfolio; • leading legislation development and coordination in the transport portfolio;
27 • managing and facilitating corporate planning for the transport portfolio; and • having a clearly articulated jurisdiction for the entire transport system, including public transport, ports, marine and roads matters. The Department's leadership role provides an important context for framing roles for the other agencies in the transport portfolio.
Clause 32 includes provisions that prescribe the objects of the Department. The Department's objects are to— • ensure that a transport system is provided consistent with the vision statement and transport system objectives; • determine strategic policies which specify priorities for the transport system that address current and future challenges; • ensure in collaboration with transport bodies and other bodies that policies and plans for an integrated and sustainable transport system are developed, aligned and implemented.
Clause 33 provides the functions of the Department. Subclause (1) provides the principal function of the Department. The principal function of the Department is to assist the Minister in administering the Bill and other transport legislation and to do all things that are necessary or convenient to be done for, or in connection with, or as incidental to, the achievement of its objects, outlined in clause 32. Subclause (2) is not intended to limit the principal function in subclause (1), and provides that the Department's functions also include— • to be the lead in all of the strategic policy, advice and legislation functions relating to the transport system and related matters other than road safety; • to coordinate the development of regulatory policy and legislation advice relating to the transport system and related matters;
28 • to lead in the improvement of the transport system, including the development and construction of new transport infrastructure and the provision of new transport services; • to develop strategies, plans, standards, performance indicators, programs and projects relating to the transport system and related matters; • to develop and issue guidelines with respect to the implementation and the operation of the Bill; • to coordinate corporate planning and budgets so as to assist transport bodies with the development, alignment, implementation and monitoring of their corporate plans and budgets; • to undertake operational activities including transport system operations, asset management and project management; • to collect transport data and undertake research into the transport system to support the functions that are outlined in paragraphs (a), (b), (c), (d), (f) and (g) of subclause (2) of clause 33; • to provide corporate, financial management, property and other specialist services to transport bodies; • to provide assistance to public entities or private bodies to construct or improve transport facilities and to provide services ancillary to those facilities; • to carry out efficiently and effectively any contract entered into by the Minister on behalf of the Crown; • to perform any other functions or duties conferred on the Department by any other Act or any regulations under any other Act. It is intended that the functions conferred on the Department under clause 33 will enable the Department to achieve its objects under clause 32.
29 Division 3—The Secretary Division 3 of Part 3 of the Bill sets out the provisions relating to the Secretary of the Department. It is noted that the applicable provisions of the Public Administration Act 2004 remain the statutory foundation for the Secretary's role in the transport portfolio, in common with other department heads.
Clause 34 empowers of the Secretary of the Department. Subclause (1) gives the Secretary power on behalf of the Crown to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of the functions of the Department and the achievement of its objects. Subclause (2) provides that the generality of subclause (1) should not be limited by the powers outlined in subclause (2). Under subclause (2) the Secretary can exercise the following powers on behalf of the Crown— • acquire, hold or dispose of real or personal property; • enter into any agreement or contract; • enter into any lease or licence; • participate in the formation of a corporation, trust, partnership or other body; • subscribe for or otherwise acquire, and hold and dispose of, shares in or debentures or other securities of, a corporation; • become a member of a company limited by guarantee; • subscribe for or otherwise acquire, and hold and dispose of, units in a trust; • acquire, hold and dispose of, an interest in a partnership or other body; • enter into a partnership, or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the Secretary or the Department;
30 • give indemnities, guarantees, releases and charges and anything else of a similar nature; • acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as security, or otherwise deal with, any intellectual property right (for example, a trade mark, patent, design, copyright, (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information); • assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right; • seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit any intellectual property right; • seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright; • engage consultants, contractors or agents; • act as trustee; • act as an agent of another person. Subclause (3) provides that the Secretary may use any Crown land for transport purposes. Before the Secretary uses the Crown land, the Secretary must have the approval of the Minister administering the Act relating to the management or use of the land, given by the Minister in accordance with any requirements which apply under that Act. Subclause (4) provides that, without limiting the generality of subclause (1), the Secretary may exercise the powers conferred on the Secretary by any other Act or regulations under any other Act. Subclause (5) provides that the generality of clause 34 is not limited by any other provisions in the Bill or any other Act which confers a power on the Secretary.
31 Clause 35 provides for the recording of land dealings. Subclause (1) provides that if the Secretary acquires any land on behalf of the Crown, any recording in the Register by the Registrar of Titles of the acquisition must be made in the name of "Secretary to the Department of Transport" as registered proprietor. Subclause (2) provides that if the Secretary, on behalf of the Crown, disposes of or otherwise deals with any land held in the name of "Secretary to the Department of Transport", any recording in the Register by the Registrar of Titles of the disposition or dealing must be made in the name of "Secretary to the Department of Transport". Subclause (3) provides that if the Secretary to the Department of Transport, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land, the Registrar must make any recording in relation to that dealing in the name of "Secretary to the Department of Transport". Subclause (4) provides that to avoid doubt, land acquired in fee simple by the Secretary to the Department of Transport on behalf of the Crown is Crown land. Subclause (5) provides that despite subclause (4) and anything to the contrary in the Land Act 1958 or the Transfer of Land Act 1958, if land acquired by the Secretary to the Department of Transport on behalf of the Crown— • is under the operation of the Transfer of Land Act 1958, it remains under the operation of that Act; and • is not under the operation of the Transfer of Land Act 1958, it may be brought under the operation of that Act.
Clause 36 provides the Secretary to the Department with compulsory acquisition powers. The compulsory acquisition power of the Secretary requires Ministerial approval and the acquisition and compensation requirements in the Land Acquisition and Compensation Act 2009 will apply. Subclause (1) allows the Secretary, subject to the approval of the Minister and on behalf of the Crown, to compulsorily acquire any land which is or may be required by the Secretary for or in connection with the performance of his or her functions or the exercise of his or her powers.
32 Subclause (2) provides that the Land Acquisition and Compensation Act 1986 applies to the Bill and for that purpose— • the Transport Integration Act 2009 is the special Act; • the Secretary is the Authority; • land includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land; • section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority to enter any land and section 75(6) did not apply. Subclause (3) provides that in full or part settlement of any compensation that the Secretary is liable to pay, the Secretary may on behalf of the Crown— • transfer a building from land owned by a person entitled to the compensation to other land owned either by that person or by the Secretary on behalf of the Crown; or • transfer a building from land owned by the Secretary on behalf of the Crown to other land owned either by the Secretary on behalf of the Crown or by a person entitled to the compensation. Subclause (4) provides that if the Secretary acquires any land compulsorily under this clause— • the Secretary may on behalf of the Crown require the owner of the land to take any land adjoining it that is owned by the Secretary on behalf of the Crown and is no longer required by the Secretary on behalf of the Crown; and • the value of that adjoining land must be deducted from any sum to be paid by way of compensation to the owner for the compulsory acquisition; and • if that value cannot be agreed between the Secretary on behalf of the Crown and the owner it must be settled in the same manner and at the same time as the compensation to be paid to the owner.
33 Clause 37 allows the Secretary to enter land for investigative purposes. Subclause (1) provides that the Secretary may enter any land and do all things necessary and convenient for investigative purposes to determine whether the land should be compulsorily acquired. Subclause (2) provides that the Secretary may exercise the powers conferred by this clause on the Secretary by any person who is authorised in writing by the Secretary to do so. Subclause (3) provides that the Secretary must not exercise a power under this clause unless— • the Secretary has given 7 days notice in writing to the occupier of the land that is to be entered; or • the occupier of the land consents to entry to the land; or • immediate entry is necessary because of an emergency. Subclause (4) provides that a person who is exercising a power under clause 37 must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to a different time. Subclause (5) provides that in exercising powers under this clause, the Secretary must— • cause as little harm and inconvenience as possible; and • stay on the land only for as long as is reasonably necessary to exercise the power; and • remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there; and • leave the land as nearly as possible in the condition in which he or she found it; and • ensure that as little damage as possible is done to the land; and • co-operate as much as possible with the owner and any occupier of the land.
34 Subclause (6) provides that if the Secretary has caused any damage to land while exercising a power under this clause, the Secretary must pay compensation to the owner and any other person with an interest in the land. Subclause (7) provides that any compensation under subclause (6)— • may, if so agreed by the person entitled to the compensation, be paid as a lump sum or by way of an annual rent; or • if no agreement can be reached, must be determined in the manner provided in the Land Acquisition and Compensation Act 1986.
Clause 38 provides that the Secretary is subject to the general direction and control of the Minister and must comply with any specific direction given by the Minister. This clause is subject to the proviso that the Minister cannot give the Secretary any direction as to the quantum of any amount payable under section 68 of the Rail Management Act 1996 for breach of a civil penalty provision within the meaning of that section. Section 68 of the Rail Management Act 1996 sets out civil penalty provisions for the purposes of that Act.
Clause 39 provides a delegation power for the Secretary. Subclause (1) provides that the Secretary may delegate to any person, by instrument, any of its functions, duties or powers under any Act or regulations, including the power of delegation subject to subclause (3). Subclause (2) provides that a delegation under this clause may be made— • in relation to a person or class of persons specified in the instrument of delegation; or • in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. Subclause (3) provides that a person to whom a power, duty or function has been delegated under subclause (1) may, subject to and in accordance with the instrument of delegation under subclause (1), by instrument delegate to another person that power, duty or function.
35 Subclause (4) provides that sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subclause (3) as if it were a delegation. Section 42 allows the delegate's state of mind to be applied to the exercise of a delegated power, duty or function where relevant to the exercise of that power or performance of a duty or function. Section 42A allows the delegator to exercise the delegated power or perform the delegated duty or function and allows for delegations to be subject to conditions.
Division 4—Transport Infrastructure Development Agent Division 4 of Part 3 of the Bill sets out the provisions relating to the Transport Infrastructure Development Agent. The Transport Infrastructure Development Agent has been established so that the Department can access body corporate powers for the purpose of scoping and developing any Transport Infrastructure Project and delivering the Transport Infrastructure Project if it is specified as the facilitating agency under the Project Development and Construction Management Act 1994 or appointed as a project authority under the Major Transport Projects Facilitation Project Act 2009.
Clause 40 establishes the Transport Infrastructure Development Agent. Subclause (1) establishes the Transport Infrastructure Development Agent. Subclause (2) provides that the Transport Infrastructure Development Agent will consist of one member. That member will be appointed by the Governor in Council in accordance with clause 48. Subclause (3) provides that Transport Infrastructure Development Agent— • is a body corporate with perpetual succession; • has an official seal; • may sue and be sued; • may acquire, hold and dispose of real and personal property; • may do and suffer all acts and things that a body corporate may by law do and suffer.
36 Clause 41 sets out the official seal provisions of the Transport Infrastructure Development Agent. Subclause (1) provides that the official seal of the Transport Infrastructure Development Agent must be kept in such custody as the Transport Infrastructure Development Agent directs and must not be used except as authorised by the Transport Infrastructure Development Agent. Subclause (2) provides that all courts must take judicial notice of the official seal of the Transport Infrastructure Development Agent affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
Clause 42 provides that the Transport Infrastructure Development Agent represents the Crown when it is performing its functions and exercising its powers.
Clause 43 provides an object for the Transport Infrastructure Development Agent. The object of the Transport Infrastructure Development Agent is to— • scope and develop any Transport Infrastructure Project; and • deliver the Transport Infrastructure Project if it is specified as the facilitating agency under the Project Development and Construction Management Act 1994 or appointed as a project authority under the Major Transport Projects Facilitation Project Act 2009— consistent with the vision statement and transport system objectives.
Clause 44 sets out the functions of the Transport Infrastructure Development Agent. The functions of the Transport Infrastructure Development Agent may be exercised in respect of any Transport Infrastructure Project. The Transport Infrastructure Development Agent will have the following functions in respect of any Transport Infrastructure Project— • to facilitate, on behalf of the State, the scoping and development of any Transport Infrastructure Project;
37 • to seek and evaluate submissions from persons interested in undertaking the scoping and development of any Transport Infrastructure Project; • to negotiate with persons interested in undertaking the scoping and development of any Transport Infrastructure Project; • to make recommendations in relation to contractual arrangements between the State and any other person for the scoping and development of any Transport Infrastructure Project; • to administer and manage agreements and arrangements between the State and any other person for, or relating to, the scoping and development of any Transport Infrastructure Project; • to facilitate and co-ordinate consultations with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the scoping and development of any Transport Infrastructure Project; • to negotiate and enter into arrangements with statutory authorities and agencies of the State and other bodies or persons involved in, or affected by, the scoping and development of any Transport Infrastructure Project; • to make recommendations to the Minister in relation to facilitating any Transport Infrastructure Project and co-ordinating with statutory authorities, agencies of the State and other bodies or persons involved in, or affected by, scoping and development of any Transport Infrastructure Project; • to ensure that agreements and arrangements between the State and any other person for, or relating to, the scoping and development of any Transport Infrastructure Project are performed in accordance with their terms; • to deliver the Transport Infrastructure Project if it is specified as the facilitating agency under the Project Development and Construction Management Act 1994 or appointed as a project authority under the Major Transport Projects Facilitation Project Act 2009.
38 Clause 45 provides the powers of the Transport Infrastructure Development Agent. It is intended that the powers will provide the Transport Infrastructure Development Agent with the capacity to undertake the functions conferred on the Transport Infrastructure Development Agent. It should be noted that aside from the powers in clause 45 the Transport Infrastructure Development Agent will have additional powers under the Project Development and Construction Management Act 1994 if it is specified to be a facilitating agency for the purposes of that Act or under the Major Transport Projects Facilitation Act 2009 if it is appointed the project authority under that Act. Subclause (1) provides the Transport Infrastructure Development Agent with all the powers necessary or convenient to be done for or in connection with, or as incidental to the achievement of the object of the Transport Infrastructure Development Agent under clause 43 and the performance of its functions under clause 44. It is the intention of subclause (2) to not limit subclause (1) and provide the Transport Infrastructure Delivery in performing its functions under clause 44 with the power to— • enter into any agreements or arrangements with any person or body; • do all things necessary or convenient to be done to give effect to those agreements and arrangements; • with the approval of the Treasurer, form, participate in the formation of, or be a member of a body corporate, association, partnership, trust or other body and enter into a joint venture with any other person. Subclause (3) provides the Transport Infrastructure Development Agent with extraterritorial powers, allowing it to exercise its powers outside of Victoria.
Clause 46 stipulates that the Transport Infrastructure Development Agent is subject to the direction and control of the responsible Minister. Subclause (1) provides that, when the Transport Infrastructure Development Agent is exercising its powers or performing its functions, the Transport Infrastructure Development Agent is subject to the direction and control of the Minister.
39 Subclause (2) provides that where the Transport Infrastructure Development Agent is not the Secretary then the Transport Infrastructure Development Agent— • is subject to the specific direction of the Minister; and • must perform its functions and exercise its powers under the general direction and control of the Secretary. Subclause (2) ensures that when the Secretary is the Transport Infrastructure Development Agent that he or she will still need to operate under the Minister's direction and control.
Clause 47 provides the Transport Infrastructure Development Agent with a power of delegation. Subclause (1) provides that the Transport Infrastructure Development Agent may be able to delegate to any person, by instrument, any of its functions, duties or powers under any Act or regulations, including the power of delegation subject to subclause (3). Subclause (2) provides that a delegation under this clause may be made— • in relation to a person or class of persons specified in the instrument of delegation; or • in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.
Clause 48 provides for the appointment of a member constituting the Transport Infrastructure Development Agent. Subclause (1) provides that the Governor in Council may, on the recommendation of the Premier and the Minister, by Order in Council appoint a person to be the member constituting the Transport Infrastructure Development Agent. The Order in Council will be able to specify the period of the appointment. The Order in Council is to be published in the Government Gazette. Subclause (2) provides that the appointment made under subclause (1) is to be made with reference to the office held and will apply to any person who holds that office. This ensures that even when there is a change in the person holding the office that the Transport Infrastructure Development Agent will continue to apply to a person who is the holder of that office.
40 Clause 49 provides that a Transport Infrastructure Project Order can be made. Subclause (1) specifies that the Minister may declare any transport project to be a Transport Infrastructure Project by Order published in the Government Gazette. Subclause (2) specifies that an Order made by the Minister under subclause (1) may provide for any matter necessary or convenient to give effect to the Order. Subclause (3) provides that an Order made by the Minister under subclause (1) takes effect— • on the day the Order is published in the Government Gazette; or • if the Order specifies a later day, on that day.
Clause 50 provides that a Transport Infrastructure Project Order can be revoked. This clause provides that the Minister may make an Order published in the Government Gazette that— • revokes the Order made under clause 49; • provides for the transfer, apportionment, settlement or determination of any real or personal property, income, assets, rights, liabilities or other matters.
Division 5—Transfer of transport project responsibility Division 5 of Part 3 of the Bill sets out the provisions for the transfer of project responsibilities including property, liabilities and rights or projects in their entirety from one transport body to another transport body. With the significant number of projects being, or that will be, undertaken in the transport portfolio, under varying client/deliverer/manager/operator arrangements, the Government believes it is prudent that the Bill sets out provisions which facilitate the transfer of property, rights, liabilities and responsibilities for a project from one body to another.
Clause 51 sets out definitions for the purposes of Division 5 of the Bill. Key definitions used in Division 5 include— transferee transport body refers to a transport body to which a property, liability, right or transport project is to be transferred under Division 5.
41 transferor transport body which refers to a transport body from which a property, liability, right or transport project is to be transferred under Division 5.
Clause 52 outlines the types of transfers that can occur under Division 5 of Part 3 of the Bill. Generally, there are two types of transfers—transfers of property, rights and liabilities from one transport body to another, or transfers of property, rights and liabilities related to a transport project from one body or another. The first type of transfer is intended for discrete transfers from one transport body to another. The second type of transfer is intended to be used where, for example, the management or operation of an entire transport project is being moved from one transport body to another. Subclause (1) provides that the Governor in Council may, on the recommendation of the Minister and the Treasurer, by Order in Council— • transfer any property, rights and liabilities specified in the Order in Council of a transferor transport body specified in the Order in Council to a transferee transport body specified in the Order in Council; • transfer any property, rights and liabilities specified in the Order in Council of a transferor transport body specified in the Order in Council in relation to a transport project specified in the Order in Council to a transferee transport body specified in the Order in Council. Subclause (2) provides that the Order in Council under subclause (1) must specify the transfer date on which the transfer is to take effect. Subclause (3) provides that nothing in clause 52 is intended to affect or limit any approval, agreement or other authority that a transferor transport body or transferee transport body may require or need to obtain before it can be a party to the transfer.
Clause 53 provides for where a transfer is subject to encumbrances. Unless the Order in Council otherwise provides, if under the Order in Council property and rights vest in the transferee transport body or liabilities become liabilities of the transferee transport body—
42 • the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and • the rights to which the transferor transport body was entitled in respect of those liabilities immediately before they ceased to be liabilities of the transferor transport body vest in the transferee transport body.
Clause 54 allows the substitution of party to an agreement. If, under an Order in Council the rights and liabilities of the transferor transport body under an agreement are transferred to the transferee transport body— • the transferee transport body becomes, on the transfer date, a party to the agreement in place of the transferor transport body; and • on and after the transfer date, the agreement has effect as if the transferee transport body had always been a party to the agreement.
Clause 55 creates a mechanism to effect the transfer of instruments relating to property, rights or liabilities. Each transferor transport body instrument relating to property, rights or liabilities transferred to the transferee transport body continues to have effect according to its tenor on and after the transfer date as if a reference in the instrument to the transferor transport body were a reference to the transferee transport body.
Clause 56 explains the impact on proceedings where a transfer has occurred or will occur under Division 5. If, immediately before the transfer date, proceedings relating to property, rights or liabilities transferred to the transferee transport body (including arbitration proceedings) to which the transferor transport body was a party were pending or existing in any court or tribunal, then, on and after the transfer date, the transferee transport body is substituted for the transferor transport body as a party to the proceedings and has the same rights in the proceedings as the transferor transport body had.
Clause 57 provides for transfers of interests in land. This clause is not intended to affect the generality of Division 5 and despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities) or law, if, immediately before the transfer date, the transferor transport body is, in relation to property, rights or liabilities transferred to
43 the transferee transport body, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the transfer date— • the transferee transport body is deemed to be the registered proprietor of that interest in land; and • the transferee transport body has the same rights and remedies in respect of that interest as the transferor transport body had.
Clause 58 provides for actions by the Registrar of Titles. On being requested to do so and on delivery of any relevant instrument, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of Division 5.
Clause 59 provides that no stamp duty or other tax is chargeable under any Act in respect of anything done under Division 5 or in respect of any act or transaction connected with or necessary to be done by reason of this Division. This includes a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities under an Order in Council.
Clause 60 states the admissibility of documents or other evidence. Documentary or other evidence that would have been admissible for or against the interests of the transferor transport body in relation to property, rights or liabilities transferred to the transferee transport body is admissible for or against the interests of the transferee transport body.
Clause 61 creates a process for the transfer of certain employees. Subclause (1) provides that clause 61 is intended to apply to an employee who is not employed under Part 3 of the Public Administration Act 2004. This is because there are other processes available for the transfer of employees who are employed under Part 3 of the Public Administration Act 2004 (for example, secondments). Subclause (2) provides that if as a result of an Order in Council it is necessary to transfer any employees from the transferor transport body to the transferee transport body, the Secretary must list in writing the persons who were employed by the transferor transport body before the transfer date and who the Secretary determines should be transferred to the transferee transport body.
44 Subclause (3) provides that an employee transferred under clause 61 is to be regarded as— • being employed by the transferee transport body with effect from the transfer date; • having been so employed on the same terms and conditions as those that applied to the person immediately before the transfer date; • having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued immediately before the transfer date. Subclause (4) provides that the service of an employee transferred under this clause is to be regarded for all purposes as having been continuous with the service of the employee immediately before the transfer date. Subclause (5) provides that an employee that is transferred under this clause is not entitled to receive any payment or other benefit by reason only of having ceased to be employed by the transferor transport body because of the operation of this Division. Subclause (6) provides that if a certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the transfer date, employed by virtue of this section by the transferee transport body, is admissible in evidence in any proceedings as evidence of the matters stated in it. Subclause (7) outlines that the superannuation entitlements of any person who is transferred under this clause are to be taken not to be affected by that person being transferred. Subclause (8) provides that nothing in clause 61 prevents— • any of the terms and conditions of employment of a person transferred under clause 61 from being altered by or under any law, award or agreement with effect from any time after the transfer date; or • a person transferred under clause 61 from resigning or being dismissed at any time after the transfer date in accordance with the then existing terms and conditions of his or her employment with the transferee transport body.
45 Clause 62 provides for the validity of things done under Division 5 of Part 3 of the Bill. Subclause (1) provides that it is intended that nothing effected by, or done or suffered under, this Division— • is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or • is to be regarded as placing any person in breach of or as constituting a default under any Act (other than the Charter of Human Rights and Responsibilities) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or • is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or • is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or • is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or • is to be regarded as frustrating any contract; or • releases any surety or other obligee wholly or in part from any obligation.
PART 4—PLANNING Part 4 of the Bill provides the planning requirements of the Department and certain transport bodies. Under the Bill the Department and certain transport bodies will have statutory obligations to prepare certain plans. The two types of plans dealt with under Part 4 are the Victorian Transport Plan and corporate plans.
46 Part 4 of the Bill also provides certain transport bodies with greater clarity in respect of corporate planning obligations. It requires corporate plans to support the new policy framework and be consistent with the corporate plan of the Department.
Clause 63 provides direction on the preparation of the Victorian Transport Plan. Subclause (1) requires the Department to prepare and periodically revise the Victorian Transport Plan for the Minister. As such, rather than a series of plans, the Victorian Transport Plan should be treated as a single plan that is continuously improved and updated. Subclause (2) sets out how the Victorian Transport Plan must be prepared and what it should achieve, namely that it— • be prepared and revised having regard to the vision statement described under Division 1 of Part 2 and transport system objectives described under Division 2 of Part 2 and decision making principles outlined in Division 3 of Part 2; • include explicit links to the vision statement described under Division 1 of Part 2 and transport system objectives described under Division 2 of Part 2; • set out the policy context for the Victorian Transport Plan including transport and land use policies and the impacts of those policies; • demonstrate an integrated approach to transport and land use planning. As part of this the Victorian Transport Plan can consider the short and long term impact of strategic directions and actions on land use and support Government land use policy. The planning portfolio can input into this aspect of the Victorian Transport Plan; • identify the challenges that the Victorian Transport Plan seeks to address. As part of this it is intended that the Victorian Transport Plan should identify the current and future transport challenges and broader challenges that transport has a role in addressing;
47 • include medium to long term strategic directions, priorities and actions. It is intended that as part of this the Victoria Transport Plan will have a degree of flexibility in adapting medium to long term directions, priorities and actions; • include a short term action plan that is regularly updated. As part of this the Victoria Transport Plan can identify funding, timeframes and responsibilities. This would include both infrastructure and non- infrastructure actions. Some of the actions may relate to preliminary work to progress medium and long term actions. Short term actions should be consistent with the medium to long term strategic directions. Subclause (3) allows the Minister to direct the Department to prepare a revision of the Victorian Transport Plan. Allowing the Minister to direct that the Department revise the Victorian Transport Plan ensures that the Victorian Transport Plan will be updated regularly so it remains practical and relevant. Subclause (4) provides that the Minister may publish Victorian Transport Plan, as it is revised from time to time. Subclause (5) stipulates that the Victorian Transport Plan which was published by the Victorian Government in 2008 will be deemed to have been prepared under clause 63.
Clause 64 provides guidance on the preparation of corporate plans by certain transport bodies. Subclause (1) provides that the Department must prepare a corporate plan which provides a three year outlook. The corporate plan must be submitted to the Minister. Subclause (2) states that the Department must ensure that the corporate plan— • gives effect to the objects of the Department; • supports the vision statement provided at Division 1 of Part 2 and seeks to implement the transport system objectives provided at Division 2 of Part 2; • specifies strategic priorities and performance measures for the transport system.
48 Subclause (3) provides guidance to transport bodies, to which clause 64 applies, for the preparation of the transport body's corporate plan. A transport body must ensure that it— • prepares a corporate plan which specifies the outlook for that transport body for a period of not less than three years; • submits its corporate plan to the Minister. Subclause (4) provides that a transport body to which clause 64 applies must ensure that the corporate plan— • gives effect to the object of the transport body; • supports the vision statement provided at Division 1 of Part 2 and seeks to implement the transport system objectives provided at Division 2 of Part 2; • is consistent with the strategic priorities and performance measures specified in the Department's corporate plan. Subclause (5) requires each transport body, during the development of its corporate plan, to consult with the Department and any transport bodies which will be affected by the corporate plan. It is intended that, in doing so, each transport body will have a better regard to how its corporate plan will impact upon the policy or operations of other transport bodies. Subclause (6) requires the Department to provide assistance to the transport bodies and facilitate consultation between them. For example, it is intended that the Department would assist transport bodies to identify areas where their respective corporate plans may impact upon one another. It is the intention of subclause (6) that to the extent that anything proposed by a transport body's corporate plan would impact upon the policy or operations of any other transport body, the Department will facilitate consultation between the relevant transport bodies and those transport bodies should endeavour to ensure consistency between their corporate plans. Subclause (7) clarifies that for the purposes of clause 64 that a— corporate plan means an annual plan that includes challenges, priorities, strategies, performance measures and major initiatives and projects;
49 transport body to which this section applies means a transport corporation, a transport safety agency or a transport system agency.
PART 5—TRANSPORT SYSTEM AGENCIES Part 5 of the Bill provides for Transport System Agencies, that is, the Director of Public Transport and the Roads Corporation. Transport System Agencies are characterised by their central role in the overall management and operation of the transport system and their largely similar infrastructure responsibilities. This grouping also reflects the interdependence of road and public transport (e.g. public transport operating on roads). It is the intention of this grouping to ensure collaboration between the Roads Corporation and the Director of Public Transport as part of an integrated transport system, which is also reflected in their similarly framed objects and functions. Division 1 provides the establishment, object, functions and powers of the Director of Public Transport and Division 2 provides for the establishment, object, functions and powers of the Roads Corporation.
Division 1—Director of Public Transport Division 1 of Part 5 of the Bill sets out the provisions relating to the Director of Public Transport.
Clause 65 provides that there is to be a Director of Public Transport. The Director of Public Transport is an office rather than an appointment and therefore the Bill does not provide for the appointment and removal of the Director of Public Transport. Subclause (1) provides that there is to be a Director of Public Transport who will be employed under Part 3 of the Public Administration Act 2004. Subclause (2) provides that the person who is the Director of Public Transport under section 8 of the Transport Act 1983 immediately before the commencement of clause 65 of the Bill continues to be the Director of Public Transport.
Clause 66 provides the object for the Director of Public Transport. The Director of Public Transport has a primary object which is supported by further detail which should be considered inclusive and indicative of the primary object, but not exhaustive. It is intended that the object for the Director of Public Transport will
50 be consistent with the vision statement and transport system objectives. Subclause (1) states that the primary object of the Director of Public Transport is to provide, operate and maintain the public transport system consistent with the vision statement and the transport system objectives. Subclause (2) provides that, without limiting the generality of subclause (1), the primary object includes that the Director of Public Transport will— • ensure, in collaboration with other transport bodies and public entities, that the public transport system operates as part of an integrated transport system which seeks to meet the needs of all transport system users; • manage the public transport system in a manner which supports a sustainable Victoria by— • seeking to increase the share of public transport trips as a proportion of all transport trips in Victoria; • while seeking to increase the share of public transport trips as a proportion of all transport trips in Victoria, also seeking to improve the environmental performance and minimise the adverse environmental impacts of the public transport system; • contribute to social wellbeing by providing access to opportunities and supporting liveable communities; • promote economic prosperity through efficient and reliable movement of public transport system users while also supporting rail freight services; • improve the safety of public transport for public transport system users in collaboration with relevant bodies.
Clause 67 provides the functions of the Director of Public Transport. The functions have been specifically conferred on the Director of Public Transport to enable the achievement of the object of the Director of Public Transport.
51 Subclause (1) provides that the functions of the Director of Public Transport are to— • construct, maintain or vary, or assist other transport bodies to construct, maintain or vary, public transport infrastructure, including rail infrastructure, roads, road- related infrastructure, roadsides and other transport assets; • plan for the public transport system as part of an integrated transport system; • develop and implement policies and strategies to improve the safety and security of the public transport system; • develop and implement operational policies, plans, guidelines, standards, limits and practices for the public transport system and related matters consistent with strategic policies and plans of the Department; • provide and operate, or facilitate the provision and operation of, public transport including by— • entering and managing contracts for passenger services and other ancillary or incidental transport services; • operating passenger services and other ancillary or incidental transport services; • purchasing, putting into service and maintaining rolling stock, buses or other vehicles for passenger services or other transport services; • provide licensing and accreditation services for the public transport system and related matters; • provide advice to the Secretary to assist in development of strategic policy and legislation relating to the transport system and related matters; • monitor and report to the Minister on whether the provision of passenger services meets Government, contractual and community expectations;
52 • protect future options for the improvement of the transport system including holding, retaining and reserving land for future rail corridors, for passenger and rail freight services; • develop and implement effective environmental policies, strategies and management systems consistent with the strategic policy of the Department to support a sustainable transport system and minimise any adverse environmental impacts from the public transport system; • provide, or arrange for the provision and dissemination of information to Victorians about public transport matters including services, fares and timetables; • perform any other functions or duties conferred on the Director of Public Transport by any other Act or any regulations under any other Act. Subclause (2) provides that, in performing its functions set out in subclause (1), the Director of Public Transport must— • engage with stakeholders so as to ensure better outcomes for all Victorians; • conduct research and collect information relating to the performance of the functions and the operation of the public transport system so as to enable the Director of Public Transport to meet the primary object of the Director of Public Transport; • efficiently deal with or make arrangements for dealing with any complaints relating to the performance of the functions of the Director of Public Transport or the performance of a public transport operator.
Clause 68 provides the Director of Public Transport with certain powers. It is intended that the powers will provide the Director of Public Transport with the capacity to undertake the functions conferred on the Director of Public Transport. Subclause (1) provides the Director of Public Transport with the power, on behalf of the Crown, to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the Director of Public Transport and the performance of his or her functions.
53 Subclause (2) provides that, without limiting the generality of subclause (1), the Director of Public Transport may on behalf of the Crown— • conduct or undertake the general administration of arrangements entered into with a body corporate to provide passenger services or other transport services in connection with the functions of the Director of Public Transport; • enter into any agreement or contract to support the provision of passenger services or other transport services in connection with the functions of the Director of Public Transport; • enter into any lease or license to support the provision of passenger services or other transport services in connection with the functions of the Director of Public Transport; • acquire, own, build, maintain and operate public transport infrastructure and related infrastructure; • enter into an agreement relating to the allocation of revenue which is derived from the provision of any passenger services or other transport services; • give indemnities, guarantees, releases and charges, and anything else of a similar nature; • exercise the powers conferred on the Director of Public Transport by any other Act or any regulations under any other Act. Subclause (3) provides that, without limiting the generality of subclause (1), the Director of Public Transport may on behalf of the Crown— • acquire, hold or dispose of real or personal property; • participate in the formation of a corporation, trust, partnership or other body; • subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation;
54 • become a member of a company limited by guarantee; • subscribe for or otherwise acquire, and hold and dispose of, units in a trust; • acquire, and hold and dispose of, an interest in a partnership or other body; • enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the Director of Public Transport; • acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information); • assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right; • seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; • seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright; • engage consultants, contractors or agents; • act as an agent of another person. Subclause (4) provides that the generality of clause 68 is not limited by any other provision of the Bill or any other Act which confers a power on the Director of Public Transport.
55 Clause 69 provides the Director of Public Transport with powers in relation to land. Subclause (1) provides that the Director of Public Transport may on behalf of the Crown, acquire, hold or dispose of land; and otherwise deal with any land held by the Director of Public Transport. Subclause (2) provides that any acquisition (including any compulsory acquisition under clause 71) or disposition of or other dealing with land by the Director of Public Transport on behalf of the Crown must be made in the name of "Director of Public Transport". Subclause (3) provides that without limiting subclause (1), the Director of Public Transport may, on behalf of the Crown, dispose of or otherwise deal with land that is held by the Director of Public Transport and was acquired under this Act or the Transport Act 1983 (is in force immediately before the commencement of clause 69) in the name of "Director of Public Transport" by any person who previously held, acted in or performed the duties of, the office of Director of Public Transport.
Clause 70 provides the process for the recording of dealings in land. Subclause (1) provides that if the Director of Public Transport acquires any land on behalf of the Crown, any recording in the Register by the Registrar of Titles of the acquisition must be made in the name of "Director of Public Transport" as registered proprietor. Subclause (2) provides that if the Director of Public Transport, on behalf of the Crown, disposes of or otherwise deals with any land held in the name of "Director of Public Transport", any recording in the Register by the Registrar of Titles of the disposition or dealing must be made in the name of "Director of Public Transport". Subclause (3) provides that if the Director of Public Transport, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land, the Registrar must make any recording in relation to that dealing in the name of "Director of Public Transport". Subclause (4) provides that to avoid doubt, land acquired in fee simple by the Director of Public Transport on behalf of the Crown is Crown land.
56 Subclause (5) provides that despite subclause (4) and anything to the contrary in the Land Act 1958 or the Transfer of Land Act 1958, if land acquired by the Director of Public Transport on behalf of the Crown— • is under the operation of the Transfer of Land Act 1958, it remains under the operation of that Act; and • is not under the operation of the Transfer of Land Act 1958, it may be brought under the operation of that Act.
Clause 71 provides the Director of Public Transport with compulsory acquisition powers. The compulsory acquisition power of the Director of Public Transport requires Ministerial approval and the acquisition and compensation requirements in the Land Acquisition and Compensation Act 2009 will apply. Subclause (1) allows the Director of Public Transport, subject to the approval of the Minister and on behalf of the Crown, to compulsorily acquire any land which is or may be required by the Director of Public Transport for or in connection with the performance of his or her functions or the exercise of his or her powers. Subclause (2) provides that the Land Acquisition and Compensation Act 1986 applies to the Bill and for that purpose— • the Transport Integration Act 2009 is the special Act; • the Director of Public Transport is the Authority; • land includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land; • section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority to enter any land and section 75(6) did not apply. Subclause (3) provides that where the Director of Public Transport is liable to pay in full or part settlement of any compensation, the Director of Public Transport, may on behalf of the Crown—
57 • transfer a building from land owned by a person entitled to the compensation to other land owned either by that person or by the Director of Public Transport on behalf of the Crown; or • transfer a building from land owned by the Director of Public Transport on behalf of the Crown to other land owned either by the Director of Public Transport on behalf of the Crown or by a person entitled to the compensation. Subclause (4) provides that if the Director of Public Transport compulsorily acquires any land under clause 71— • the Director of Public Transport may on behalf of the Crown require the owner of the land to take any land adjoining it that is owned by the Director of Public Transport on behalf of the Crown and is no longer required by the Director of Public Transport on behalf of the Crown; and • the value of that adjoining land must be deducted from any sum to be paid by way of compensation to the owner for the compulsory acquisition; and • if that value cannot be agreed between the Director of Public Transport on behalf of the Crown and the owner it must be settled in the same manner and at the same time as the compensation to be paid to the owner.
Clause 72 provides guidance for where the Director of Public Transport has acquired any right to use land or any right in the nature of an easement or purporting to be an easement. Subclause (1) provides that where the if any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by the Director of Public Transport on behalf of the Crown, it is deemed for all purposes to be an easement even though there is no land vested in or held by the Director of Public Transport on behalf of the Crown that is in fact benefited or capable of being benefited by that right. Subclause (2) provides that if by or under the Bill any private right of way or easement is extinguished or if any easement is acquired by the Director of Public Transport on behalf of the Crown then—
58 • the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and • the holder of any relevant certificate of title must deliver it to the Registrar of Titles. Subclause (3) provides that subclause (2) does not apply to an easement acquired compulsorily by the Director of Public Transport on behalf of the Crown.
Clause 73 allows the Director of Public Transport to use Crown lands reserved under the Crown Land (Reserves) Act 1978. Subclause (1) provides that the Director of Public Transport can use any Crown land for transport purposes. Before the Director of Public Transport uses the Crown land, the Director of Public Transport must have the approval of the Minister administering the Act relating to the management or use of the land, given by the Minister in accordance with any requirements which apply under that Act. Subclause (2) provides that if any Crown land proposed to be so used by the Director of Public Transport is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use, the Director of Public Transport must not use the land unless and until the reservation is revoked in accordance with section 9 of that Act.
Clause 74 provides the Director of Public Transport with extraterritorial powers, allowing it to perform its functions and execute its powers outside Victoria. The extraterritoriality powers will assist the Director of Public Transport achieve his or her object by, for example, enabling cross-border leasing or joint contracting with other states or territories.
Clause 75 prescribes that the Director of Public Transport is subject to the direction of the Minister. Subclause (1) provides that the Director of Public Transport is subject to the general direction and control of the Minister and must comply with any specific directions given by the Minister. Subclause (1) operates subject to subclause (2). Subclause (2) provides that the Director of Public Transport cannot be given any direction by the Minister or the Secretary as to the quantum of any amount payable under section 68 of the
59 Rail Management Act 1996 for breach of a civil penalty provision with the meaning of that section. Section 68 of the Rail Management Act 1996 sets out civil penalty provisions for the purposes of that Act.
Clause 76 requires the Director of Public Transport to develop contingency planning. Specifically, the Director of Public Transport must develop and maintain a contingency plan for the possible exercise of a power under clause 67(1)(e)(ii).
Clause 77 provides that the Director of Public Transport must conduct a cost-benefit analysis of relevant rail safety projects. Subclause (1) provides that clause 77 applies to a relevant rail safety project in relation to which— • the Director, Transport Safety makes a rail safety recommendation; and • the Director of Public Transport considers may have the effect of resulting in significant costs or expenses being incurred by the Crown. Subclause (2) provides that the Director of Public Transport, before undertaking or funding a relevant rail safety project the subject of a rail safety recommendation, must— • conduct or cause to be conducted a cost-benefit analysis of the relevant rail safety project; and • consult with— • the Premier, the Treasurer and any other Minister whose area of responsibility may be affected by the proposed rail safety project; and • any other person specified in guidelines prepared under clause 78. Subclause (3) provides that the cost-benefit analysis and consultation must be conducted— • in accordance with guidelines prepared under clause 78; and • before the Director of Public Transport undertakes or funds the relevant rail safety project.
60 Clause 78 provides that the Minister may prepare guidelines for the purposes of cost benefit analysis and consultation. Subclause (1) provides that the Minister may prepare guidelines for the purposes of cost-benefit analyses and consultation conducted under clause 77. Subclause (2) provides that before preparing guidelines under this clause the Minister must consult with the Premier and the Treasurer. Subclause (3) provides that guidelines under this clause may— • include guidelines about the methodology to be applied in a cost-benefit analysis conducted under clause 77; • require the Director of Public Transport to obtain an independent assessment about the methodology to be applied in a cost-benefit analysis that is conducted under clause 77; • include guidelines about the procedure for consultation under clause 77.
Clause 79 provides a delegation power for the Director of Public Transport. Subclause (1) provides that the Director of Public Transport may delegate to any person, by instrument, any of its functions, duties or powers under any Act or regulations, including the power of delegation subject to subclause (3). Subclause (2) provides that a delegation under this clause may be made— • in relation to a person or class of persons specified in the instrument of delegation; or • in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. Subclause (3) provides that a person to whom a power, duty or function has been delegated under subclause (1) may, subject to and in accordance with the instrument of delegation under subclause (1), by instrument delegate to another person that power, duty or function. Subclause (4) provides that Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub- delegation under subclause (3) as if it were a delegation.
61 Section 42 allows the delegate's state of mind to be applied to the exercise of a delegated power, duty or function where relevant to the exercise of that power or performance of a duty or function. Section 42A allows the delegator to exercise the delegated power or perform the delegated duty or function and allows for delegations to be subject to conditions.
Division 2—Roads Corporation Division 2 of Part 5 of the Bill sets out provisions relating to the Roads Corporation.
Clause 80 provides for the continuation of the Roads Corporation and matters relating to its constitution. Subclause (1) provides that the Roads Corporation in the Bill is the continuation of the Roads Corporation established under section 15 of the Transport Act 1983 as in force immediately before the commencement of clause 80 of the Bill. Subclause (2) sets out that the Roads Corporation is to consist of one member. That member is the person appointed as Chief Executive of the Roads Corporation by the Governor in Council. Subclause (3) provides the key responsibility of the Chief Executive of the Roads Corporation, namely that the Chief Executive is responsible for the management of the functions of the Roads Corporation consistent with the primary object of the Roads Corporation. Subclause (4) provides that the Roads Corporation— • is a body corporate with perpetual succession; • has an official seal; • may sue and be sued; • may acquire, hold and dispose of real and personal property; • may do and suffer all acts and things that a body corporate may by law do and suffer.
Clause 81 sets out the official seal provisions of the Roads Corporation. Subclause (1) provides that the official seal of the Roads Corporation must be kept in such custody as the Roads Corporation directs and must not be used except as authorised by the Roads Corporation.
62 Subclause (2) provides that all courts must take judicial notice of the official seal of the Roads Corporation affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
Clause 82 sets out the trading name for the Roads Corporation. Despite anything to the contrary in the Business Names Act 1962 or any other Act or law, the Roads Corporation will be able to carry on business under the name "VicRoads".
Clause 83 provides that the Roads Corporation represents the Crown when it is performing its functions and exercising its powers.
Clause 84 sets out matters relating to the office of the Chief Executive of the Roads Corporation. Subclause (1) provides that the Governor in Council may appoint a person to the office of Chief Executive of the Roads Corporation. The Governor in Council may also, at any time, remove or suspend a person from the office of the Chief Executive of the Roads Corporation. Subclause (2) provides that the person who immediately before the commencement of this clause was the Chief Executive of the Roads Corporation under clause 1(1) of Schedule 1A to the Transport Act 1983 (as in force immediately before the commencement of clause 84) will continue to be the Chief Executive of the Roads Corporation. Subclause (3) specifies that the Chief Executive has the ability to resign from the office in writing signed by the Chief Executive and delivered to the Governor in Council. If the Chief Executive of the Roads Corporation is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the office of Chief Executive, Subclause (4) allows the Minister to appoint another person to act in the place of the Chief Executive during the period of the inability. Subclause (5) indicates that a person who is appointed to act in place of the Chief Executive of the Roads Corporation under subclause (4) will— • have all the rights and powers, and must perform all the duties, of the Chief Executive of the Roads Corporation; and
63 • be paid any remuneration and travelling 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 Executive of the Roads Corporation. Subclause (6) provides direction on the appointment of the Chief Executive of the Roads Corporation, including that the Chief Executive— • holds office— • 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; • on the terms and conditions specified in his or her instrument of appointment; • is entitled to be paid any remuneration and travelling and other allowances fixed from time to time by the Governor in Council; • is to be appointed on a full-time basis. The applicability of Public Administration Act 2004 (other than Part 3 of that Act) to the Chief Executive of the Roads Corporation in respect of the office of the Chief Executive of the Roads Corporation is provided in subclause (7).
Clause 85 provides for the validity of acts or decisions of the Roads Corporation. Acts or decisions are not considered to be invalid because of a vacancy in the office of Chief Executive, or because of a defect or irregularity in, or in connection with, the appointment of the Chief Executive or in the case of a person appointed to act as the Chief Executive, on the ground that the occasion for the person so acting had not arisen or had ceased.
Clause 86 provides the object for the Roads Corporation. The Roads Corporation has a primary object which is supported by further detail which should be considered inclusive and indicative of the primary object, but not exhaustive. It is intended that the object for the Road Corporation will be consistent with the vision statement and transport system objectives.
64 Subclause (1) states that the primary object of the Roads Corporation is to provide, operate and maintain the road system consistent with the vision statement and the transport system objectives. Specific responsibilities for the Roads Corporation related to roads are principally provided in the Road Management Act 2004. Subclause (2) provides that, without limiting the generality of subclause (1), the primary object includes that the Roads Corporation will— • ensure, in collaboration with other transport bodies and public entities, that the road system operates as part of an integrated transport system which seeks to meet the needs of all transport system users; • manage the road system in a manner that supports a sustainable Victoria. This will include seeking to increase the share of public transport, walking and cycling trips as a proportion of all transport trips in Victoria. While seeking to increase the share of public transport, walking and cycling trips the Roads Corporation will also need to seek to improve the environmental performance and minimise the adverse environmental impacts of the road system; • contribute to social wellbeing by providing access to opportunities and supporting liveable communities; • promote economic prosperity through efficient and reliable movement of persons and goods; • in collaboration with relevant bodies including other road authorities, Victoria Police, the Transport Accident Commission, the Director of Public Transport, the Director, Transport Safety, the Department and the Department of Justice, to improve the safety of the road system for road users and seek to reduce deaths and injuries.
Clause 87 provides the functions of the Roads Corporation. Subclause (1) provides that that functions of the Roads Corporation are to— • construct, maintain or vary roads, rail infrastructure and other transport assets;
65 • provide and maintain roadsides; • plan for the road system as part of an integrated transport system; • lead in the development and implementation of strategic and operational policies and plans to improve the safety of the road system for all users. This can occur through— • works to improve the safety of road and road- related infrastructure; • information and advice on the safety of motor vehicles and motor vehicle standards; • education and training to improve the safety of road user behaviour; • enforcement activities; • road safety legislation, regulations, standards, guidelines and practices; • develop and implement operational policies and plans, including through legislation, regulations, standards, guidelines and practices, for the road system and related matters consistent with the strategic policies and plans of the Department; • operate the road system by managing access and controlling use. This includes— • installing, operating and maintaining road and road-related infrastructure such as signals, signage, line markings, intelligent transport systems and other road management systems; • implementing road space allocation measures to give priority to particular modes of transport at certain times on specified roads or parts of roads; • managing road works and incidents and events on roads in a manner which minimises disruption to the road system; • implementing an appropriate enforcement strategy;
66 • provide registration, licensing and accreditation services for the transport system and related matters; • provide technical, project management, consultancy and information services related to the transport system, including on a commercial basis consistent with government policy; • provide advice to the Secretary to assist in the development of strategic policy and legislation relating to the transport system and related matters; • protect future options for the improvement of the transport system including reserving land for future transport corridors; • develop and implement effective environmental policies, strategies and management systems consistent with the strategic policy of the Department to support a sustainable transport system, including minimising any adverse environmental impacts from the road system; • provide and disseminate information to Victorians about the road system and related matters, including on a commercial basis consistent with government policy; • perform any other functions or duties conferred on the Roads Corporation by any other Act or any regulations under any other Act. Subclause (2) provides that, in performing its functions set out in subclause (1), the Roads Corporation must— • engage with stakeholders so as to ensure better outcomes for all Victorians; • conduct research and collect information relating to the performance of the functions and the operation of the road system so as to enable the Roads Corporation to meet the primary object of the Roads Corporation; • efficiently deal with any complaints relating to the performance of its functions. Subclause (3) provides that the Roads Corporation must seek the approval of the Minister to perform the functions outlined in subclauses (1)(g) and (1)(h) where those functions are not related to the transport system including law enforcement.
67 Clause 88 provides the powers of the Roads Corporation. It is intended that the powers will provide the Roads Corporation with the capacity to undertake the functions conferred on the Roads Corporation. Subclause (1) sets out that the Roads Corporation has the power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the Roads Corporation and the performance of the functions of the Roads Corporation. Subclause (2) provides that, without limiting the generality of subclause (1), the Roads Corporation has the power to— • enter into any agreement or contract; • enter into any lease or licence; • participate in the formation of a corporation, trust, partnership or other body; • subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation; • become a member of a company limited by guarantee; • subscribe for or otherwise acquire, and hold and dispose of, units in a trust; • acquire, and hold and dispose of, an interest in a partnership or other body; • enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether relating to, or connected with, any function of the Roads Corporation; • make any land or other property vested or managed by the Roads Corporation or any person employed by the Roads Corporation available for use or engagement by any other person; • give an indemnity as part of entering into an agreement, contract, lease or licence;
68 • acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information); • assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right; • seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; • seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright; • engage consultants, contractors or agents; • act as an agent of another person. Subclause (3) sets out that without limiting the generality of subclause (1), the Roads Corporation will also be able to exercise powers conferred on the Roads Corporation by any other Act or regulations under any other Act. Subclause (4) provides that the generality of clause 88 is not limited by any other provision of the Bill or any other Act which confers a power on the Roads Corporation.
Clause 89 provides the Roads Corporation with powers in relation to non-transport system functions. Subclause (1) does not intend to limit or derogate from any other powers of the Roads Corporation. The powers of the Roads Corporation in relation to the non-transport system functions specified in clause 87(3) are— • to apply for, obtain and hold intellectual property rights (including patents, copyrights, trade marks and registered designs); • to enter into agreements or arrangements for the commercial exploitation within or outside Victoria of those intellectual property rights and ancillary services on any terms or conditions as to royalties, lump sum
69 payments or otherwise as the Roads Corporation determines; • to enter into agreements or arrangements within or outside Victoria for the provision by the Roads Corporation of administration, management or information systems or services.
Clause 90 allows the Roads Corporation to employ persons. Subclause (1) indicates that the Roads Corporation may employ any persons for the purpose of carrying out the object, functions, powers and duties of the Roads Corporation. Subclause (2) specifies that any persons employed by the Roads Corporation are to be employed on the terms and conditions determined by the Roads Corporation and approved by the Minister.
Clause 91 provides the Roads Corporation with the ability to dispose of assets in exchange for a lease. Only with the approval of the Minister administering Part 7 of the Financial Management Act 1994 and the Minister, the Roads Corporation may dispose of any real or personal property under an arrangement by which the Roads Corporation is to take a lease of the property disposed of or of any other real or personal property.
Clause 92 allows the Roads Corporation to use or manage Crown lands reserved under Crown Land (Reserves) Act 1978. Subclause (3) provides that the Roads Corporation may use any Crown land for transport purposes. Before the Roads Corporation uses the Crown land, the Roads Corporation must have the approval of the Minister administering the Act relating to the management or use of the land, given by the Minister in accordance with any requirements which apply under that Act. Subclause (2) provides that if any Crown land which is proposed to be so used or managed by the Roads Corporation is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use or management, the Roads Corporation can not use or manage the land unless and until the reservation is revoked in accordance with section 9 of that Act. Subclause (3) provides that the Roads Corporation must compensate, in respect of the use or management under clause 92 by the Roads Corporation of any Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose
70 inconsistent with that use, in the manner and to the extent agreed upon by the Roads Corporation and the Minister administering the Crown Land (Reserves) Act 1978. Subclause (4) provides that an agreement to compensate under subclause (3) may provide for— • the payment by the Roads Corporation of a sum of money as agreed upon by the Roads Corporation and the Minister administering the Crown Land (Reserves) Act 1978; or • the undertaking of works or the making of provision by the Roads Corporation in place of any improvements on the land as agreed upon by the Roads Corporation and the Minister administering the Crown Land (Reserves) Act 1978; or • both the payment of a sum of money as agreed upon by the Roads Corporation and the Minister administering the Crown Land (Reserves) Act 1978 and the undertaking of works or the making of provision by the Roads Corporation in place of any improvements on the land as agreed upon by the Roads Corporation and the Minister administering the Crown Land (Reserves) Act 1978. Where an agreement under subclause (3) provides for the payment of a sum of money, subclause (5) provides that the money must, unless the Minister administering the Crown Land (Reserves) Act 1978 otherwise directs, be paid to that Minister. Subclause (6) allows the Minister administering the Crown Land (Reserves) Act 1978 to direct that money to be paid under an agreement under subclause (3) to be paid to— • the trustees in whom or the Council in which the land is vested; or • the committee of management appointed in respect of the land; or • the authority under whose control and management the land has been placed pursuant to section 18 of the Crown Land (Reserves) Act 1978; or
71 • any other person or persons as are agreed upon by the Roads Corporation and the Minister administering the Crown Land (Reserves) Act 1978; and • applied as directed by the Minister. Subclause (7) allows the Governor in Council to determine any dispute arising about the amount of any sum of money payable under clause 92.
Clause 93 provides for the granting of unalienated land. In particular, subclause (1) specifies that clause 93 applies to any land which has been vested in the Roads Corporation under the Bill or the Transport Act 1983 (as in force immediately before the commencement of clause 93) which was immediately prior to its use or management for transport purposes unalienated land of the Crown whether set apart as a government road or not. Subclause (2) provides that the Governor in Council, on the recommendation of the Minister administering section 22A of the Land Act 1958 may grant that land to the Roads Corporation subject to any conditions, exceptions and reservations as the Governor in Council considers appropriate. Subclause (2) operates subject to subclause (3). Subclause (3) specifies that clause 93 is subject to section 8 of the Crown Land (Reserves) Act 1978 and section 349 of the Land Act 1958.
Clause 94 provides the Roads Corporation with guidance on dealing with surplus land and allows it to grant certain leases for nominal consideration. Subclause (1) provides that following the approval of the Minister, the Roads Corporation is able to deal with the surplus land in any way outlined in subparagraphs (a) to (c) such as sell the surplus land, grant leases of any surplus land or develop the surplus land. Subclause (2) specifies that if a Property Trust has been promoted under clause 94 then the trustees of that Property Trust must be appointed by the Minister. Subclause (3) provides definitional guidance for two terms used in clause 94, namely— develop which means improve land for any commercial or civic or other public or private purpose, including by the construction, demolition or substantial alteration of any structure in or upon the land or the excavation of the land; and
72 surplus land which means land which is vested in the Roads Corporation and no longer required for transport purposes.
Clause 95 provides the Roads Corporation with the power to acquire land or an interest in land to achieve environmental sustainability. This power will enable the Roads Corporation to better fulfil the objectives of the 2002 Native Vegetation Management: A Framework for action when considering proposals involving native vegetation, including deciding offsets and ensuring that net gain is the outcome for native vegetation and habitat where overall gains are greater than overall losses and individual losses are avoided where possible. Subclause (1) provides that the power to acquire land or an interest in land to achieve environmental sustainability is not intended to limit, any other power conferred on the Roads Corporation. Subclause (2) specifies that the Roads Corporation may acquire by negotiation any land or interest in any land which the Roads Corporation considers is reasonably necessary to avoid, minimise and offset harm to the local and global environment arising out of the performance of its functions or the exercise of its powers.
Clause 96 provides the Roads Corporation with the power to enter buildings after giving 7 days notice. This power of entry is required to allow the Roads Corporation to inspect and record the condition of properties in the vicinity of planned works, before those works commence. Following notice to the occupier of the building the Roads Corporation may— • enter the building at any reasonable hour in the day- time; • inspect, make measurements and drawings and take photographs of the building; • take any other measures the Roads Corporation considers are necessary to ascertain the construction and condition of the building.
Clause 97 provides the Roads Corporation with extraterritorial powers, allowing it to perform its functions and exercise its powers outside Victoria.
73 In addition, the Roads Corporation will be able to perform its functions and exercise its powers outside Australia subject to any directions given, and conditions imposed, by the Minister.
Clause 98 provides that the Roads Corporation is subject to the direction of the Minister. Subclause (1) provides that the Roads Corporation is subject to both the general direction and control, and specific directions given by the Minister. Subclause (2) provides that if the Roads Corporation has been given a specific direction by the Minister under subclause (1), the Roads Corporation may publish that specific direction in the Government Gazette.
Clause 99 provides that the Minister can set quantitative targets for the Roads Corporation. Subclause (1) specifies that the Minister must make a written determination of the quantitative targets to be attained by the Roads Corporation in a financial year. The Minister must set these targets after consultation with the Roads Corporation. Subclause (2) provides that where the Minister has determined quantitative targets for the Roads Corporation under subclause (1), a copy of the quantitative targets must be served on the Roads Corporation as soon as practicable after the determination is made and then the determination must be laid before both Houses of Parliament as soon as practicable after it has been served on the Roads Corporation. Subclause (3) provides the Minister with the ability to amend a determination made under subclause (1) and the procedures to follow following the amendment to the determination. Subclause (4) clarifies that where there is a reference to quantitative targets determined under subclause (1) in the Bill then that is a reference to the quantitative targets as amended under subclause (3) from time to time. Subclause (5) provides that the Roads Corporation must so far as is practicable in each financial year attain the quantitative targets determined by the Minister under subclause (1) in relation to that financial year.
Clause 100 allows the Treasurer or Minister administering Part 7 of the Financial Management Act 1994 to supply the Minister certain budgetary information for the Roads Corporation.
74 In particular, subclause (1) specifies that the Treasurer or the Minister administering Part 7 of the Financial Management Act 1994 (or the Treasurer and that Minister acting jointly, as the case requires) must as soon as practicable after 1 May supply to the Minister information about any guidelines, targets and parameters that will need to be taken into account by the Roads Corporation in the preparation of its budgets for the next financial year. Subclause (2) requires the Minister to provide the information received under subclause (1) to the Roads Corporation.
Clause 101 requires the Roads Corporation to prepare an operating budget and a capital works budget. Subclause (1) outlines that the Roads Corporation must submit an operating budget and a capital works budget for the relevant financial year to the Minister before the date fixed by the Minister. Subclause (2) provides that the budgets must be in a form and contain matters required by the Minister. The Minister is able to determine the form and matters contained following consultation with the Minister administering Part 7 of the Financial Management Act 1994. Subclause (3) provides that before the Roads Corporation submits the proposed operating budget and capital works budget, the Roads Corporation will need to liaise with, and submit drafts to, the Department. The date by which the drafts must be submitted to the Department will be a date agreed with the Secretary. After the Roads Corporation has submitted the operating budget and capital works budget subclause (4) provides that the Minister must consider the budgets and as soon as practicable after receiving the budgets advise the Roads Corporation as to whether the budgets are approved or are approved subject to amendment. Subclause (5) requires the Roads Corporation to operate within the budgets that have been approved by the Minister for the relevant financial year. Subclause (6) provides guidance where there is a significant change in the budgetary situation of the Roads Corporation or where the Minister considers that revised budgets are necessary for the Roads Corporation. In these cases, the Roads Corporation will need to submit to the Minister revised budgets for the remainder of the year.
75 Subclause (7) provides that where there is a revision to the budgets under subclause (6), the Roads Corporation will need to liaise with, and submit the revised budgets to, the Department. The date by which the revised budgets must be submitted to the Department will be a date agreed with the Secretary. Subclause (8) provides that the Minister must consider the revised budgets and as soon as practicable after receiving the revised budgets advise the Roads Corporation as to whether the revised budgets are approved or are approved subject to amendment. Subclause (9) provides that if the revised budgets are approved, the Roads Corporation must operate within the revised budgets from the date that the revised budgets are approved until the end of the financial year. Subclause (10) allows the Minister to request from the Roads Corporation information for the year or for any ensuing year or years about— • the budgetary position of the Roads Corporation; • the finances and cash position of the Roads Corporation; • the workforce position of the Roads Corporation; • any other factors relevant to the Roads Corporation's operations or capital works program.
Clause 102 provides that the Minister must submit the budgets or revised budgets that the Minister proposes to approve to the Minister administering Part 7 of the Financial Management Act 1994 for that Minister's consideration and approval. Where the Minister is submitting a revised budget the Minister will also need to submit an estimate of the result of the budgets for the Roads Corporation for which a revised budget is not proposed.
Clause 103 provides that in the event of budget deficits for approved or amended budgets, the Treasurer, the Minister and the Minister administering Part 7 of the Financial Management Act 1994 must consider how that deficit is to be funded.
Clause 104 provides that where the Minister has submitted to the Treasurer and the Minister administering Part 7 of the Financial Management Act 1994 a proposed revised budget for the Roads Corporation for the remainder of the year, the Minister, the Minister administering Part 7 of that Act and the Treasurer will
76 need to consider that revised budget and the method of funding any changes in deficits in the budget of the Roads Corporation.
Clause 105 provides the Roads Corporation with the ability to operate within an interim budget agreed to by the Minister, the Minister administering Part 7 of the Financial Management Act 1994 and the Treasurer. Subclause (1) provides that the Roads Corporation can operate within an interim budget if a budget for the Roads Corporation has not been approved at the commencement of the financial year. Subclause (2) provides that any deficit in an interim budget can be funded in whole or in part by any appropriation available for the purpose. Subclause (3) provides that an interim budget will lapse when a final budget is approved for the Roads Corporation.
Clause 106 allows the Minister administering Part 7 of the Financial Management Act 1994 to request through the Minister that the Roads Corporation provide budgetary information. If the Roads Corporation has received a request under this clause then it must as soon as possible provide that information as far as is practicable.
Clause 107 provides for the establishment of a general fund for the Roads Corporation. Subclause (1) provides for the continuation of the general fund that was established for the Roads Corporation under section 66 of the Transport Act 1983 (as in force immediately before the commencement of clause 107). Subclause (2) requires the Roads Corporation to maintain the general fund continued under subclause (1). Subclause (3) provides that the Roads Corporation must, with the approval of the Minister administering Part 7 of the Financial Management Act 1994— • open and maintain accounts with any authorised deposit-taking institution or institutions within the meaning of the Banking Act 1959 of the Commonwealth; • maintain at least one of those accounts to be used for the purposes of its general fund.
77 Subclause (4) provides that subject to subclause (5), the Roads Corporation must pay into its general fund all trading revenue, interest and other money received by or paid to the Roads Corporation. Subclause (5) operates subject to subclause (6) and requires the Roads Corporation to pay into the Works and Services Account— • all money borrowed by the Roads Corporation under the Bill; • all money resulting from the disposal by the Roads Corporation of any real or personal property, whether or not under an arrangement by which the Roads Corporation is to enter into a lease of the property so disposed of; • the proceeds of any advances or financial accommodation obtained by the Roads Corporation under clause 108. Subclause (6) clarifies that subclause (5) does not apply if— • the money or proceeds are to be used for the operating or trading activity of the Roads Corporation; or • the Minister administering Part 7 of the Financial Management Act 1994 otherwise approves. Subclause (7) requires that all payments made by the Roads Corporation must be made out of its general fund. Subclause (8) allows the Roads Corporation to invest money in its general fund in any manner approved by the Minister administering Part 7 of the Financial Management Act 1994.
Clause 108 provides that the Roads Corporation is able to obtain financial accommodation and provides a process for the payment of financial accommodation. Subclause (1) provides that the Roads Corporation can obtain financial accommodation by way of overdraft. To do this, the Roads Corporation needs to obtain the approval of the Treasurer. Subclause (2) provides that the due repayment or satisfaction of any advances or financial accommodation obtained under clause 108 and the due repayment of any interest or other charges payable will be guaranteed by the Government of Victoria.
78 Subclause (3) specifies that any money required by the Minister administering Part 7 of the Financial Management Act 1994 for fulfilling any guarantee given by clause 108 or section 76 of the Transport Act 1983 (as in force immediately before the commencement of clause 108) must be paid out of the Consolidated Fund which is to the necessary extent appropriated accordingly. Subclause (4) provides that if the Minister administering Part 7 of the Financial Management Act 1994 receives or recovers from the Roads Corporation any money paid by that Minister under subclause (3) from the Roads Corporation or otherwise, that money must be paid into the Consolidated Fund.
Clause 109 provides the Treasurer with the power to execute certain guarantees and the process to follow in fulfilling those guarantees and recovering any money to pay for those guarantees. Subclause (1) allows the Treasurer to execute a guarantee in favour of any person guaranteeing the due performance of any obligations of the Roads Corporation under contracts to be entered into by the Roads Corporation. Subclause (2) allows the Treasurer to execute a guarantee in favour of any person guaranteeing the due performance of any obligations of any person to whom the rights and liabilities of the Roads Corporation under a contract entered into by the Roads Corporations have been assigned. Subclause (3) clarifies that if the rights and liabilities of the Roads Corporation arising under a contract entered into by the Roads Corporation have been assigned with the approval of the Treasurer to another person, the Treasurer may amend any guarantee in respect of that contract so that it extends to guaranteeing the due performance of any obligations of that other person under that contract. Subclause (4) provides that money required by the Treasurer to fulfil a guarantee must be paid out of the Consolidated Fund which is to the necessary extent appropriated accordingly. Subclause (5) requires the Treasurer to pay into the Consolidated Fund any money received or recovered from the Roads Corporation or otherwise in respect of any money paid by the Treasurer under subclause (4).
79 Subclause (6) outlines that if the rights and liabilities arising under a contract entered into by the Roads Corporation with a person have been assigned with the approval of the Treasurer to another person, the Treasurer may approve of the assignment to that other person of any guarantee given by the Treasurer.
Clause 110 provides corporate plan requirements for the Roads Corporation. Subclause (1) clarifies that the corporate plan requirements in clause 110 operate in addition to the requirements in clause 64 of the Bill. Subclause (2) requires the Roads Corporation to give a copy of the proposed corporate plan to the Minister on or before 31 May in each year. Subclause (3) outlines the form of the proposed corporate plan, in that it must be in a form approved by the Minister, include a statement of corporate intent in accordance with clause 111 and include a business plan and financial statements containing any information that the Minister requires. Subclause (4) requires the Roads Corporation to consider any comments on the proposed corporate plan made by the Minister within 2 months after the proposed corporate plan is submitted to the Minister. Subclause (5) outlines that the Roads Corporation must consult the Minister about the comments on the corporate plan made by the Minister, make changes if agreed between the Roads Corporation and Minister and then deliver the complete corporate plan to the Minister within two months after the commencement of the financial year. Subclause (6) allows the corporate plan or any part of the corporate plan to be published or made available but only following the approval of the Roads Corporation and the Minister. Subclause (7) allows the corporate plan to be modified at any time by the Roads Corporation with the agreement of the Minister. Subclause (8) provides that the Roads Corporation can propose a modification to the corporate plan by written notice to the Minister. The Roads Corporation can then make that proposed modification unless the Minister, by written notice within 14 days, directs the Roads Corporation not to modify the corporate plan.
80 Subclause (9) allows the Minister to direct the Roads Corporation to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters. The Minister's direction must occur by written notice. Subclause (10) requires the Minister to consult with the Roads Corporation as to a direction given by the Minister under clause 110. Subclause (11) requires the Roads Corporation to comply with a direction given to the Roads Corporation under clause 110. Subclause (12) clarifies that at any particular time, the statement of corporate intent, the business plan or the financial statements for the Roads Corporation are the statements and plan last completed, with any modifications or deletions made in accordance with Division 2 of Part 5 of the Bill.
Clause 111 outlines the information that the Roads Corporation must provide in its statement of corporate intent. The statement of corporate intent will relate to the current financial year and each of the 2 following financial years and must also include information about any subsidiaries of the Roads Corporation. The statement of corporate intent will include information such as the business objectives, main undertakings and performance targets of the Roads Corporation or any of its subsidiaries.
Clause 112 provides that the Roads Corporation must act only in accordance with its corporate plan and must obtain the written approval of the Minister before it can act in manner contrary to the corporate plan.
Clause 113 provides that nothing done by the Roads Corporation is void or unenforceable merely because the Roads Corporation has failed to comply with clause 110, clause 111 or clause 112.
Clause 114 provides that this clause applies if the Roads Corporation determines that matters have arisen— • that may prevent, or significantly affect, achievement of the business objectives of the Roads Corporation and its subsidiaries (if any) under the corporate plan; or • that may prevent, or significantly affect, achievement of the targets under the plan.
81 Subclause (2) provides that if this clause applies the Roads Corporation must immediately notify the Minister of its determination and the reasons for the determination.
Clause 115 provides a delegation power for the Roads Corporation. Subclause (1) provides that the Roads Corporation may delegate to any person, by instrument, any of its functions, duties or powers under any Act or regulations, including the power of delegation subject to subclause (3). Subclause (2) provides that a delegation under this clause may be made— • in relation to a person or class of persons specified in the instrument of delegation; or • in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. Subclause (3) provides that a person to whom a power, duty or function has been delegated under subclause (1) may, subject to and in accordance with the instrument of delegation under subclause (1), by instrument delegate to another person that power, duty or function. Subclause (4) provides that sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subclause (3) as if it were a delegation. Section 42 allows the delegate's state of mind to be applied to the exercise of a delegated power, duty or function where relevant to the exercise of that power or performance of a duty or function. Section 42A allows the delegator to exercise the delegated power or perform the delegated duty or function and allows for delegations to be subject to conditions.
PART 6—TRANSPORT CORPORATIONS Part 6 of the Bill provides for Transport Corporations. The Transport Corporations currently in Part 6 of the Bill are: Victorian Rail Track, V/Line Corporation and the Linking Melbourne Authority. Transport Corporations are characterised as bodies that provide particular functions, often in competitive and commercial environments or in specific parts of the transport system.
82 Grouping these Transport Corporations together is designed to encourage collaborative and shared outcomes, reduce potential conflicts of interest, create efficiencies, improve organisation capability and better reflect the integration message of the Transport Integration Bill. Division 1 provides for the establishment, object, functions and powers of the Victorian Rail Track, Division 2 provides for the establishment, object, functions and powers of the V/Line Corporation and Division 3 provides for the establishment, object, functions and powers of the Linking Melbourne Authority. Division 4 provides for the provisions applying to all Transport Corporations.
Division 1—Victorian Rail Track The provisions for Victorian Rail Track strengthen and refine Victorian Rail Track's role in supporting the transport system. Victorian Rail Track's object, functions and powers recognise the crucial part that Victorian Rail Track has to play as custodial owner of much of the State's transport-related land, infrastructure and assets. While Victorian Rail Track's operations are diverse, the Bill reflects the Government's intention that its core responsibility should be the protection of transport-related land, infrastructure and assets for the benefit of present and future transport users.
Clause 116 provides that Victorian Rail Track as established under section 8 of the Rail Corporations Act 1996 (as in force immediately before the commencement of clause 116) is continued under this Act as Victorian Rail Track.
Clause 117 sets out the trading name for Victorian Rail Track. Despite anything to the contrary in the Business Names Act 1962 or any other Act or law, Victorian Rail Track will be able to carry on business under the name "VicTrack".
Clause 118 provides that the Victorian Rail Track is a public entity, but does not represent the Crown.
Clause 119 provides the object for Victorian Rail Track. Victorian Rail Track has a primary object which is supported by further detail which should be considered inclusive and indicative of the primary object, but not exhaustive. It is intended that the object for the Victorian Rail Track will be consistent with the vision statement and transport system objectives.
83 Subclause (1) states that the primary object of Victorian Rail Track is to act as the custodial owner of the State's transport- related land, infrastructure and assets consistent with the vision statement and the transport system objectives. Subclause (2) provides that, without limiting the generality of subclause (1). Victorian Rail Track must ensure that the State's transport-related land, infrastructure and assets are developed and used— • primarily to support the transport system; • for other purposes which support government policy; • only for commercial gain if the development or use will not compromise the current or future transport system.
Clause 120 provides the functions for Victorian Rail Track. Subclause (1) specifies the functions of Victorian Rail Track, which are— • to release in a timely and cooperative manner to the Secretary or the Director of Public Transport for nominal consideration any transport-related land, infrastructure and assets required for the transport system and related matters; • to act as the custodian and asset manager of the non- operational transport-related land, infrastructure and assets and any other land, infrastructure and assets identified by the Minister; • to provide or enable access to the non-operational transport-related land, infrastructure and assets where this supports the transport system, including— • for walking and cycling; • for tourist and heritage rail operations; • through the granting of leases for business or community purposes consistent with the object specified in clause 119; • to manage and support access to transport-related land, infrastructure and assets;
84 • without limiting subparagraph (b), to ensure that in managing non-operational transport-related land, infrastructure and assets— • graffiti, vandalism and litter are managed to reasonably improve public safety and amenity; • fuel build up is managed to reasonably reduce the likelihood of fire; • a program of land remediation is undertaken to improve the condition of land and facilitate its future use; • to ensure, in collaboration with the Secretary, that transport-related land, infrastructure and assets which are registered as heritage infrastructure and assets in the Victorian Heritage Register are protected and maintained whilst ensuring that reasonable access is provided for public enjoyment and historical appreciation and that support is provided to tourist and heritage operators; • if directed to do so by the Minister by Order published in the Government Gazette— • operate rolling stock for transport system purposes; • operate services ancillary or incidental to operating rolling stock for transport system purposes; • to provide strategic advice and assistance to the Department and other persons in relation to the environmental aspects of sustainable land management and the use of land for specific projects and initiatives related to transport; • to develop its telecommunications network and telecommunications services and other information systems and project management services to support the transport system; • to maintain accurate and accessible data in respect of transport-related land, infrastructure and assets;
85 • subject to clause 125, to promote the sustainable development of land vested in Victorian Rail Track which is not required for the future development of the transport system; • any other functions or duties conferred on Victorian Rail Track by any other Act or any regulations under any other Act. Subclause (2) provides that in performing its functions set out in subclause (1), Victorian Rail Track must— • engage with stakeholders so as to ensure better outcomes for all Victorians; • conduct research and collect information relating to the performance of the functions and the operation of the transport system so as to enable Victorian Rail Track to meet the object of Victorian Rail Track; • efficiently deal with any complaints relating to the performance of its functions. Subclause (3) provides that Victorian Rail Track may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.
Clause 121 provides Victorian Rail Track with compulsory acquisition powers. The compulsory acquisition power of Victorian Rail Track requires Ministerial approval and the acquisition and compensation requirements in the Land Acquisition and Compensation Act 2009 will apply. Subclause (1) allows Victorian Rail Track, subject to the approval of the Minister and on behalf of the Crown, to compulsorily acquire any land which is or may be required by Victorian Rail Track for or in connection with the performance of its functions or the exercise of its powers. Subclause (2) provides that the Land Acquisition and Compensation Act 1986 applies to the Bill and for that purpose— • the Transport Integration Act 2009 is the special Act; • Victorian Rail Track is the Authority;
86 • land includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land; • section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority to enter any land and section 75(6) did not apply.
Clause 122 provides guidance for where Victorian Rail Track acquires any right to use land or any right in the nature of an easement or purporting to be an easement. Subclause (1) provides that if any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by Victorian Rail Track then it is deemed for all purposes to be an easement even though there is no land vested in or held by Victorian Rail Track that is in fact benefited or capable of being benefited by that right. Subclause (2) provides that if by or under the Bill any private right of way or easement is extinguished or if any easement is acquired by Victorian Rail Track then— • the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and • the holder of any relevant certificate of title must deliver it to the Registrar of Titles.
Subclause (3) provides that subclause (2) does not apply to an easement acquired compulsorily by Victorian Rail Track.
Clause 123 provides that the Victorian Rail Track may use Crown lands reserved under Crown Land (Reserves) Act 1978. Subclause (1) provides that Victorian Rail Track may use any Crown land for transport purposes. Before Victorian Rail Track uses the Crown land, Victorian Rail Track must have the approval of the Minister administering the Act relating to the management or use of the land, given by the Minister in accordance with any requirements which apply under that Act. Subclause (2) provides that if any Crown land which is proposed to be used or managed by Victorian Rail Track is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use, Victorian Rail Track can not use the land unless and until the reservation is revoked in accordance with section 9 of that Act.
87 Subclause (3) provides that Victorian Rail Track must compensate, in respect of the use under clause 123 by the Victorian Rail Track of any Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose inconsistent with that use, in the manner and to the extent agreed upon by Victorian Rail Track and the Minister administering the Crown Land (Reserves) Act 1978. Subclause (4) provides that an agreement to compensate under subclause (3) may provide for— • the payment by the Victorian Rail Track of a sum of money as agreed upon by Victorian Rail Track and the Minister administering the Crown Land (Reserves) Act 1978; or • the undertaking of works or the making of provision by Victorian Rail Track in place of any improvements on the land as agreed upon by Victorian Rail Track and the Minister administering the Crown Land (Reserves) Act 1978; or • both the payment of a sum of money as agreed upon by Victorian Rail Track and the Minister administering the Land Act 1958 and the undertaking of works or the making of provision by Victorian Rail Track in place of any improvements on the land as agreed upon by Victorian Rail Track and the Minister administering the Crown Land (Reserves) Act 1978. Where an agreement under subclause (3) provides for the payment of a sum of money, subclause (5) provides that the money must, unless the Minister administering the Crown Land (Reserves) Act 1978 otherwise directs, be paid to that Minister. Subclause (6) allows the Minister administering the Crown Land (Reserves) Act 1978 to direct that money to be paid under an agreement under subclause (3) to be paid to— • the trustees in whom or the Council in which the land is vested; or • the committee of management appointed in respect of the land; or • the authority under whose control and management the land has been placed pursuant to section 18 of the Crown Land (Reserves) Act 1978; or
88 • any other person or persons as are agreed upon by the Victorian Rail Track and the Minister administering the Crown Land (Reserves) Act 1978; and • applied as directed by the Minister. Subclause (7) allows the Governor in Council to determine any dispute arising about the amount of any sum of money payable under clause 123.
Clause 124 provides for the granting of unalienated land. In particular, subclause (1) specifies that clause 124 applies to any land which has been vested in Victorian Rail Track under the Bill or the Transport Act 1983 (as in force immediately before the commencement of clause 124) which was immediately prior to its use for transport purposes unalienated land of the Crown whether set apart as a government road or not. Subclause (2) provides that the Governor in Council, on the recommendation of the Minister administering section 22A of the Land Act 1958 may grant that land to Victorian Rail Track subject to any conditions, exceptions and reservations as the Governor in Council considers appropriate. Subclause (2) operates subject to subclause (3). Subclause (3) specifies that clause 124 is subject to section 8 of the Crown Land (Reserves) Act 1978 and section 349 of the Land Act 1958.
Clause 125 provides guidance for Victorian Rail Track when dealing with land for the purpose of performing its functions. Subclause (1) specifies that Victorian Rail Track can deal with land in the following manner— • with the approval of the Minister and the Treasurer, purchase land or an interest in land; or • after consultation with the Secretary and with the approval of the Minister and the Treasurer, sell land or an interest in land; or • dispose of land or an interest in land to the Secretary, the Director of Public Transport or the Transport Infrastructure Development Agent for nominal consideration; or
89 • accept the transfer of land or an interest in land from the Secretary, the Director of Public Transport or the Transport Infrastructure Development Agent for nominal consideration; or • after consultation with the Secretary, grant a lease of any land, including land which was granted to Victorian Rail Track or to any other person subject to a trust or condition requiring it to be used for some particular purpose or land temporarily or permanently reserved for any purpose under the Crown Land (Reserves) Act 1978 or any previous Act relating to Crown land consistent with Victorian Rail Track's object so that the use will not compromise the current or future transport system; or • with the approval of the Minister and the Treasurer, develop any land, and this includes amongst other things, the ability to subdivide, consolidate, grant easements and promote a Property Trust. Subclause (2) specifies that where a Property Trust has been promoted by Victorian Rail Track under clause 125 the trustees must be appointed by the Minister. Subclause (3) provides that where Victorian Rail Track has divested itself, or is divested, of its interest in any land on, under or over which there was constructed a railway or tramway, then any liability or Victorian Rail Track with respect to— • maintaining a railway or tramway on, under or over that land; and • maintaining any bridge bearing a road over the whole or any part of that land or any crossing, culvert, drain or stream diversion appurtenant to that land— will cease and determine. Subclause (4) provide guidance for the definition of develop which for the purposes of clause 125 means to improve land for any commercial or civic or other public or private purpose, including by the construction, demolition or substantial alteration of any structure in or on the land or the excavation of the land.
90 Clause 126 provides Victorian Rail Track with the power to enter land to construct or maintain works. Subclause (1) provides Victorian Rail Track with the power to enter any land and do all things necessary and convenient for constructing, maintaining, altering and using any works supporting any rail signalling system. Subclause (2) provides that Victorian Rail Track may exercise the powers conferred by this clause on Victorian Rail Track by any person who is authorised in writing by Victorian Rail Track to do so. Subclause (3) provides that Victorian Rail Track must not exercise a power under this clause unless— • Victorian Rail Track has given 7 days notice in writing to the occupier of the land that is to be entered; or • the occupier of the land consents to entry to the land; or • immediate entry is necessary because of an emergency. Subclause (4) provides that a person who is exercising a power under clause 126 must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to a different time. Subclause (5) provides that in exercising powers under this clause Victorian Rail Track must— • cause as little harm and inconvenience as possible; and • stay on the land only for as long as is reasonably necessary to exercise the power; and • remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there; and • leave the land as nearly as possible in the condition in which it was found; and • ensure that as little damage as possible is done to the land; and • co-operate as much as possible with the owner and any occupier of the land.
91 Subclause (6) provides that if Victorian Rail Track has caused damage to the land while exercising a power under clause 126, Victorian Rail Track must pay compensation to the owner and any other person with an interest in the land. Subclause (7) outlines the compensation to be paid by Victorian Rail Track as a result of subclause (6) the person entitled to the compensation can agree to receive it as a lump sum or by way of annual rent. If Victorian Rail Track and the person entitled to the compensation cannot reach agreement on the compensation, the Land Acquisition and Compensation Act 1986 will provide the process for the determination of compensation.
Clause 127 provides that Victorian Rail Track must develop and maintain a contingency plan for the possible carrying out of rail operations by it in the event another person carrying out such operations using railways and rail infrastructure established, owned, managed or maintained by Victorian Rail Track does not want, or is unable, to do so.
Division 2—V/Line Corporation Division 2 of Part 6 of the Bill sets out provisions relating to the V/Line Corporation. The Government supports the ongoing role of V/Line in providing important passenger services to regional Victoria and its broader remit operating the network in relation to below-rail assets and rail freight. In light of this expanded role, the Corporation will be renamed simply V/Line Corporation, the "Passenger" term not being reflective of its broadened role.
Clause 128 provides that V/Line Passenger Corporation as established under section 14 of the Rail Corporations Act 1996 (as in force immediately before the commencement of clause 128) is continued under this Act as V/Line Corporation.
Clause 129 sets out the trading name for V/Line Corporation. Despite anything to the contrary in the Business Names Act 1962 or any other Act or law, V/Line Corporation will be able to carry on business under the name "V/Line".
Clause 130 provides that V/Line Corporation is a public entity, but does not represent the Crown.
92 Clause 131 provides the object for V/Line Corporation. V/Line Corporation has a primary object which is supported by further detail which should be considered inclusive and indicative of the primary object, but not exhaustive. It is intended that the object for V/Line Corporation all be consistent with the vision statement and transport system objectives. Subclause (1) states that the primary object of V/Line Corporation is to provide rail passenger and rail freight services consistent with the vision statement and the transport system objectives. Subclause (2) provides that, without limiting the generality of subclause (1), the primary object includes that V/Line Corporation will— • ensure, in collaboration with transport bodies and public entities, that its rail passenger and rail freight services operate as part of an integrated transport system which seeks to meet the needs of all transport system users; • manage its rail passenger and rail freight services in a manner which supports a sustainable Victoria; • This is done by seeking to increase the share of rail passenger and rail freight services as a proportion of all transport trips in Victoria. While seeking to increase the share of rail passenger and rail freight services as a proportion of all rail passenger and rail freight transport trips in Victoria Victorian Rail Track must also seek to improve the environmental performance and minimise the adverse environmental impacts of its rail passenger and rail freight services; • to contribute to social wellbeing by providing accessible and reliable rail passenger services, particularly to regional, rural and remote communities; • support economic prosperity through efficient and reliable rail freight services; • in collaboration with relevant bodies, improve the safety of rail passenger and rail freight services.
93 Clause 132 provides the functions of V/Line Corporation. Subclause (1) specifies that the functions of V/Line Corporation are to— • operate rail passenger services; • operate services ancillary or incidental to its rail passenger services, including any other transport services; • operate and maintain rail infrastructure and related infrastructure, including for communications, to support rail passenger and rail freight services; • manage access to the rail network operated by V/Line Corporation; • independently perform a function specified in paragraph (a), (b), (c) or (d) to meet a requirement as set by the Director of Public Transport in accordance with the functions and powers of the Director of Public Transport under clause 67 and clause 68; • develop and deliver projects, including by acquiring rolling stock , constructing rail infrastructure, roads or road-related infrastructure, or assist the Department or any other relevant body in making improvements to the transport system; • provide advice to the Director of Public Transport to assist in operational policy development in relation to public transport system matters as requested by the Director of Public Transport; • develop and implement effective environmental policies, strategies and management systems consistent with the strategic policy of the Department to support a sustainable transport system, including minimising any adverse environmental impacts from rail passenger and rail freight services; • provide, or arrange for the provision and dissemination of, information to Victorians about its rail passenger and rail freight services;
94 • report on the activities of any other person carrying out a function specified in paragraph (a), (b),(c) or (d) on behalf of V/Line Corporation; • perform any other functions or duties conferred on V/Line Corporation by any other Act or any regulations under any other Act. Subclause (2) provides that in performing its functions set out in subclause (1), V/Line Corporation must— • engage with stakeholders so as to ensure better outcomes for all Victorians; • conduct research and collect information relating to the performance of the functions and the operation of the transport system so as to enable V/Line Corporation to meet the primary object of V/Line Corporation; • efficiently deal with any complaints relating to the performance of its functions. Subclause (3) provides that the V/Line Corporation may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.
Clause 133 provides that V/Line Corporation must develop and maintain a contingency plan for the possible carrying out of rail operations by it in the event another person carrying out rail operations does not want, or is unable, to do so.
Division 3—Linking Melbourne Authority Division 3 of Part 6 of the Bill sets out the provisions relating to the Linking Melbourne Authority which has a broader, ongoing role in the delivery of road transport-related projects under the Victorian Transport Plan. Linking Melbourne Authority is the successor in law of the Southern and Eastern Integrated Transport Authority.
Clause 134 provides at subclause (1) for the establishment of the Linking Melbourne Authority. Subclause (2) clarifies that the Linking Melbourne Authority is the successor in law of the Southern and Eastern Integrated Transport Authority established under section 6 of the Southern and Eastern Integrated Transport Authority Act 2003.
95 Clause 135 provides that the Linking Melbourne Authority represents the Crown when it is performing its functions and exercising its powers.
Clause 136 provides for the declaration of any Road Transport-Related Project. In particular, the Minister may, with the agreement of the Premier and the Treasurer, declare any project to be a Road Transport-Related Project for the purposes of the Bill. The declaration is to occur by Order published in the Government Gazette.
Clause 137 provides the object for the Linking Melbourne Authority. The Linking Melbourne Authority has a primary object which is supported by further detail which should be considered inclusive and indicative of the primary object, but not exhaustive. It is intended that the object for the Linking Melbourne Authority will be consistent with the vision statement and transport system objectives. Subclause (1) states that the primary object of the Linking Melbourne Authority is to facilitate the efficient development, delivery and operation of any Road Transport-Related Project consistent with the vision statement and the transport system objectives. Subclause (2), provides that, without limiting the generality of subclause (1), the primary object includes that Linking Melbourne Authority will— • ensure, in collaboration with transport bodies and public entities, that any Road Transport-Related Project supports an integrated transport system which seeks to meet the needs of all transport system users; • ensure that any Road Transport-Related Project supports a sustainable Victoria by providing walking and cycling infrastructure for transport and seeking to improve the environmental performance and minimise the adverse environmental impacts of the Road Transport-Related Project; • contribute to social wellbeing by providing access to opportunities and supporting liveable communities; • promote economic prosperity through efficient and reliable movement of persons and goods;
96 • in collaboration with relevant bodies, improve the safety of the road system for road users and seek to reduce deaths and injuries.
Clause 138 provides the functions of the Linking Melbourne Authority. Subclause (1) provides the functions of the Linking Melbourne Authority, which are— • to facilitate, on behalf of the State, the scoping, development, construction, delivery and operation of any Road Transport-Related Project; • to seek and evaluate submissions from persons interested in undertaking any Road Transport-Related Project; • to negotiate with persons interested in undertaking any Road Transport-Related Project; • to make recommendations in relation to contractual arrangements between the State and any other person for the development, delivery or operation of any Road Transport-Related Project; • to administer and manage agreements and arrangements between the State and any other person for, or relating to, the development, delivery or operation of any Road Transport-Related Project; • to facilitate and co-ordinate consultations with public entities and other bodies or persons involved in, or affected by, the development, delivery or operation of any Road Transport-Related Project; • to negotiate and enter into arrangements with public entities and other bodies or persons involved in, or affected by, the development, delivery or operation of any Road Transport-Related Project; • to make recommendations to the Minister in relation to facilitating any Road Transport-Related Project and co-ordinating with public entities and other bodies or persons involved in, or affected by, the development, delivery or operation of the Road Transport-Related Project;
97 • to ensure that agreements and arrangements between the State and any other person for, or relating to, the development, delivery or operation of any Road Transport-Related Project are performed in accordance with their terms; • to enter into contractual arrangements with any other person for the provision of any infrastructure or services in connection with or relating to the development, delivery or operation of any Road Transport-Related Project; • to perform any other functions or duties conferred on the Linking Melbourne Authority by any other Act or any regulations under any other Act. Subclause (2) provides that, in performing its functions set out in subclause (1), the Linking Melbourne Authority must— • engage with stakeholders so as to ensure better outcomes for all Victorians; • conduct research and collect information relating to the performance of the functions and the operation of the road system so as to enable the Linking Melbourne Authority to meet the primary object of the Linking Melbourne Authority; • efficiently deal with any complaints relating to the performance of its functions. Subclause (3) provides that the Linking Melbourne Authority may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.
Clause 139 provides the Linking Melbourne Authority with the power to enter into arrangements for the services of persons employed under Part 3 of the Public Administration Act 2004. This power can be exercised for the purpose of performing its functions and in addition to all other powers conferred on the Linking Melbourne Authority by or under this or any other Act.
Clause 140 provides guidance for the money of the Linking Melbourne Authority. In particular money received by the Linking Melbourne Authority must be paid into a banking account established by the Linking Melbourne Authority.
98 Linking Melbourne Authority can hold one or more banking accounts in its name but can only expend money in accordance with a budget jointly approved by the Minister and the Treasurer.
Clause 141 provides for the establishment of a general fund for the Linking Melbourne Authority. Subclause (1) requires the Linking Melbourne Authority to establish and maintain a general fund. Subclause (2) requires the Linking Melbourne Authority to open and maintain accounts and use at least one of those accounts for its general fund. Linking Melbourne Authority must receive the approval of the Minister for the purpose of subclause (2). Subclause (3) operates subject to subclause (4) and requires the Linking Melbourne Authority to pay into its general fund all trading revenue, interest and other money received by or paid to the Linking Melbourne Authority. Subclause (4) operates subject to subclause (5) and requires the Linking Melbourne Authority to pay into its bank account the money the Linking Melbourne Authority borrows under this Act, money resulting from the disposal of any real or personal property, and/or the proceeds of any advances or financial accommodation obtained by the Linking Melbourne Authority under clause 154. Subclause (5) clarifies that subclause (4) does not apply where— • the money or proceeds are to be used for the operating or trading activity of the Linking Melbourne Authority; or • the Minister administering Part 7 of the Financial Management Act 1994 otherwise approves. Subclause (6) requires all payments made by the Linking Melbourne Authority to be made out of its general fund. Subclause (7) allows the Linking Melbourne Authority to invest money in its general fund in any manner approved by the Minister administering Part 7 of the Financial Management Act 1994.
99 Division 4—Provisions applying to Transport Corporations Division 4 of Part 6 of the Bill provides the provisions that are common to all Transport Corporations under Part 6. The provisions in Division 4 mainly related to the constitution of Transport Corporations and general powers of the Transport Corporations.
Clause 142 provides that a Transport Corporation is a body Corporate. Subclause (1) provides that a Transport Corporation— • is a body corporate with perpetual succession; • has an official seal; • may sue and be sued; • may acquire, hold and dispose of real and personal property; • may do and suffer all acts and things that a body corporate may by law do and suffer. Subclause (2) that all courts must take judicial notice of the official seal of a Transport Corporation affixed to a document and, until the contrary is proved, must presume that it was duly affixed. Subclause (3) provides that the official seal of a Transport Corporation must be kept in such custody as a Transport Corporation directs and must not be used except as authorised by a Transport Corporation.
Clause 143 and in particular subclause (1) requires a Transport Corporation to have a board of directors. Subclause (2) specifies that the board of directors of a Transport Corporation consists of not less than 3, and not more than 9, directors appointed in accordance with this Division. Subclause (3) provides that the board of directors of a Transport Corporation is responsible for the management of the affairs of the Transport Corporation and may exercise the powers of the Transport Corporation.
Clause 144 provides for the constitution of the board of directors of a Transport Corporation. The board of directors of a Transport Corporation consists of— • a chairperson; • a deputy chairperson;
100 • subject to subclause clause 143(2), any other directors as are appointed by the Governor in Council in accordance with this Division.
Clause 145 provides for the appointment of directors to the board of a Transport Corporation. Subclause (1) provides that the chairperson, deputy chairperson and other directors of a Transport Corporation must be appointed by the Governor in Council. Those members can only be appointed following the recommendation of the Minister made after consultation with the Treasurer. Subclause (2) provides that a director is appointed for the term not exceeding 3 years as is specified in the instrument of appointment. Subclause (3) requires a director to be appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment. Subclause (4) allows for the re-appointment of a director. Subclause (5) provides for the application of the Public Administration Act 2004 (other than Part 3 of that Act) to a director of a Transport Corporation in respect of the office of director.
Clause 146 provides for acting appointments on the board of directors of a Transport Corporation. Subclause (1) provides that the deputy chairperson of the board of directors of a Transport Corporation is to act as chairperson if— • the office of chairperson is vacant; or • during any period when the chairperson is absent; or • the chairperson is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office. Subclause (2) provides that while a deputy chairperson is acting as a chairperson under subclause (1) then the deputy chairperson— • has and may exercise all the powers, and must perform all the functions and duties, of the chairperson; • is entitled to be paid the remuneration and allowances which the chairperson would have been entitled to.
101 Subclause (3) allows the Minister, following consultation with the Treasurer, to appoint a director of a Transport Corporation to act as deputy chairperson— • during a vacancy in the office of deputy chairperson; or • during any period when the deputy chairperson is absent; or • during any period when the deputy chairperson is acting as chairperson; or • if the deputy chairperson is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office. Subclause (4) provides that while a director is acting as deputy chairperson under subclause (3), the director— • has and may exercise all the powers, and must perform all the functions and duties, of the deputy chairperson; • is entitled to be paid the remuneration and allowances which the deputy chairperson would have been entitled to. Subclause (5) allows the Minister, after consultation with the Treasurer, to appoint a person to act as a director (other than the chairperson or deputy chairperson) of a Transport Corporation— • during a vacancy in the office of a director; or • during any period when the director is absent; or • during any period when the director is acting as deputy chairperson; or • if the director is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office. Subclause (6) provides that while a person is acting as a director, the person— • has and may exercise all the powers, and must perform all the functions and duties, of a director; • is entitled to be paid the remuneration and allowances which a director would have been entitled to.
102 Clause 147 provides for the appointment and removal of the chief executive officer and other employees of a Transport Corporation. Subclause (1) specifies that the board of directors of a Transport Corporation may appoint a person as the chief executive officer of the Transport Corporation and may at any time remove or suspend a person from that office. The appointment, removal and/or suspension of the chief executive officer of the Transport Corporation can only occur with the approval of the Minister after consultation with the Treasurer. Subclause (2) provides that the chief executive officer of a Transport Corporation holds office, subject to the Bill, on a full- time basis and on such terms and conditions as are determined by the Minister after consultation with the Treasurer and specified in the instrument of appointment. Subclause (3) provides that the chief executive officer may be a director of the Transport Corporation but may not be the chairperson of the board of directors. Subclause (4) allows the chief executive officer to resign from the office in writing signed by the chief executive officer and delivered to the chairperson of the board of directors. Subclause (5) provides that if the chief executive officer is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the office of chief executive officer, the board of directors may appoint another person to act in the place of the chief executive officer during the period of the inability. Subclause (6) provides that if a person has been appointed under this section to act in the place of the chief executive officer, then while so acting— • has all the rights and powers, and must perform all the duties, of the chief executive officer of the Transport Corporation; and • is to be paid any remuneration and travelling or other allowances fixed by the board of directors from time to time, having regard to the rate of remuneration and allowances for the time being payable to the chief executive officer of the Transport Corporation. Subclause (7) allows the board of directors of a Transport Corporation to employ any persons it considers are necessary for the performance of its functions.
103 Subclause (8) provides that if the chief executive officer or a person employed by a Transport Corporation was immediately before his or her appointment an officer within the meaning of the State Superannuation Act 1988 or a member within the meaning of the Transport Superannuation Act 1988, he or she continues to be such an officer or member while serving with the Transport Corporation.
Clause 148 provides for the event of vacancies, resignations, removal from office. Subclause (1) specifies that the office of a director of a Transport Corporation becomes vacant if the director— • without the approval of the board of directors, fails to attend 3 consecutive meetings of the board of directors; or • becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or • is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence. Subclause (2) allows a director to resign by notice in writing delivered to the Minister. Subclause (3) allows the Governor in Council to remove or suspend a director from office. Subclause (4) requires a director to be removed from office by the Governor in Council if the director is convicted of an offence relating to his or her duties as a director.
Clause 149 provides that acts or decisions of the board of directors of a Transport Corporation is not invalid only— • because of a vacancy in the membership of the board of directors, including a vacancy arising from the failure to appoint a director; or • because of a defect or irregularity in, or in connection with, the appointment of a director or an acting director; or
104 • in the case of an acting director, on the grounds that the occasion for the person to act had not arisen or had ceased.
Clause 150 provides for the proceedings of the board of Directors of a Transport Corporation. Subclause (1) operates subject to subclause (2). It provides that the meetings of the board of directors of a Transport Corporation must be held at the times and places determined by the board of directors. Subclause (2) allows the chairperson to convene meetings of the board. The chairperson can convene a meeting at any time, and requires the chairperson to do so when requested to convene a meeting by a director. Subclause (3) defines that a quorum of the board of directors of a Transport Corporation is the majority of the directors of the board of directors. Subclause (4) provides that a majority of votes at a meeting of the board of directors determines a question arising at a meeting of the board of directors. Subclause (5) provides that a deliberative vote or second vote or casting vote can be given by the person presiding at a meeting of the board of directors. Subclause (6) requires the board of directors to keep accurate minutes of its meetings. Subclause (7) allows the board of directors to permit directors to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication that do not require the physical presence of each director in the same place. Subclause (8) allows the board of directors to regulate its own proceedings, subject to the Bill.
Clause 151 provides for resolutions without meetings. Subclause (1) provides for where the directors for the time being of a Transport Corporation (other than a director who is absent from Australia when the other directors sign) sign a document containing a statement that they are in favour of a resolution in the terms set out in the document. A resolution in those terms is deemed to have been passed at a meeting of the board of directors held—
105 • on the day on which the document is signed; or • if the directors do not sign the document on the same day, on the day on which the last director to sign signs the document. Subclause (2) provides that where a resolution is deemed under subclause (1) to have been passed at a meeting of the board of directors, then each director must be advised as soon as practicable and given a copy of the terms of the resolution. Subclause (3) provides that, for the purposes of subclause (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, are deemed to constitute one document.
Clause 152 provides the powers of a Transport Corporation. It is intended that the powers will provide the Transport Corporation with the capacity to undertake the functions conferred on the Transport Corporation. Subclause (1) provides the Transport Corporation with the power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the Transport Corporation and the performance of its functions. Subclause (2) provides that, without limiting the generality of subclause (1), a Transport Corporation has the power to— • enter into any agreement or contract; • enter into any lease or licence; • participate in the formation of a corporation, trust, partnership or other body; • subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation; • become a member of a company limited by guarantee; • subscribe for or otherwise acquire, and hold and dispose of, units in a trust; • acquire, and hold and dispose of, an interest in a partnership or other body;
106 • enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the Transport Corporation; • make any land or other property vested or managed by the Transport Corporation or any person employed by the Transport Corporation available for use or engagement by any other person; • engage in any business, undertaking or activity incidental to the performance of its functions; • engage consultants, contractors or agents; • act as trustee; • act as an agent of another person. Subclause (3) provides that, despite anything in subclauses (1) and (2), a Transport Corporation requires the written approval of the Minister to— • form, or participate in the formation of, or be a member of, or hold shares in, a company that carries out the functions of a public transport industry ombudsman; or • enter into an agreement with respect to participating in a public transport industry ombudsman scheme. Subclause (4), which is not intended to limit the generality of subclause (1), provides that a Transport Corporation may exercise the powers conferred on the Transport Corporation by any other Act or the regulations under any other Act. Subclause (5) provides that the generality of clause 152 is not limited by any other provision of the Bill or any other Act which confers a power on a Transport Corporation.
Clause 153 provides that this Part does not affect certain powers of the Director of Public Transport. Subclause (1) specifies that the powers of the Director of Public Transport to enter into any contract, agreement, lease or licence with another person to carry out a function of a Transport Corporation are not affected or limited by this Part.
107 Subclause (2) provides that the Minister for and on behalf of the Crown, may be a party to any agreement providing for the sale, assignment, transfer or disposal of all or any part of the property, rights, liabilities, undertaking or business of a Transport Corporation or to any related franchise or other agreement of any kind. This subclause is not intended to limit or derogate from any other power.
Clause 154 provides that the Borrowing and Investment Powers Act 1987 confers powers on a Transport Corporation.
Clause 155 provides that a Transport Corporation is not able to make loans to directors. Subclause (1) specifies that despite any powers that a Transport Corporation may have, a Transport Corporation is not able to, whether directly or indirectly— • to make a loan to a director of the Transport Corporation, a spouse of such a director, or a relative (as defined in the Corporations Act) of such a director or spouse; or • to give a guarantee or provide security in connection with a loan made or to be made by another person to a director, spouse or relative referred to in paragraph (a). Subclause (2) provides that nothing in subclause (1) prohibits a Transport Corporation entering into an agreement or arrangement with a person referred to in subclause (1) if similar agreements or arrangements are entered into by the Transport Corporation with members of the public on the same terms and conditions.
Clause 156 provides Transport Corporations with extraterritorial powers, allowing a Transport Corporation to perform its functions and exercise its powers within or outside Victoria and outside Australia.
Clause 157 limits the powers of a Transport Corporation in respect of granting indemnities to directors. Specifically, a Transport Corporation does not have the power to exempt, whether directly or indirectly, a director of a Transport Corporation from, or indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of the Transport Corporation against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to the Transport Corporation.
108 Clause 158 provides that the Minister must determine the amount of initial capital of a Transport Corporation. Subclause (2) provides that in making the determination, the Minister must have regard to any relevant advice that the board of directors of the Transport Corporation has given to the Minister. Subclause (3) outlines that the determination must be in writing. Subclause (4) provides that the value of the capital is the value specified in the determination or (if the Minister and the board of directors agree that specified value does not correctly represent the value) the value agreed by the Minister and the board of directors. Subclause (5) provides that the purposes of this Part, the amount of initial capital determined by the Minister in respect of Victorian Rail Track and V/Line Passenger Corporation under section 33 of the Rail Corporations Act 1996 (as in force immediately before the commencement of this section) is deemed to have been determined under this clause.
Clause 159 provides that the capital of a Transport Corporation is equal to the sum of— • the amount of the Transport Corporation's initial capital under the Bill in accordance with clause 158; and • any part of the Transport Corporation's liabilities that is converted into capital at the direction of the Minister; and • any amounts paid to the Transport Corporation out of money appropriated by the Parliament for the purpose of providing capital; and • any part of the Transport Corporation's reserves that is converted into capital at the direction of the Minister after consultation with the board of directors of the Transport Corporation— less any amount of capital repaid under clause 160.
Clause 160 provides that the capital of a Transport Corporation is repayable to the State at the times, and in the amounts, as the Minister directs in writing after consultation with the board of directors of the Transport Corporation. Subclause (2) provides that the Minister must have regard to any advice that the board of directors of the Transport Corporation has given to the Minister in relation to the Transport Corporation's affairs before giving that direction.
109 Clause 161 provides that a Transport Corporation must pay to the State the amounts, at the times and in the manner, as are determined by the Treasurer after consultation with board of directors of the Transport Corporation and the Minister.
Clause 162 provides that the Minister or the Treasurer may, in writing, require the board of directors of a Transport Corporation to give them information as required.
Clause 163 provides that a Transport Corporation must exercise its powers and discharge its duties subject to the general direction and control of the Minister and any specific directions given by the Minister with the approval of the Treasurer. Any specific directions may be published in the Government Gazette.
Clause 164 provides that a Transport Corporation, in its annual report for a financial year under Part 7 of the Financial Management Act 1994, must include a copy of the specific directions given to it under clause 163 together with a statement of its response to that direction and a copy of the statement of corporate intent last completed.
Clause 165 provides for the corporate planning requirements of a Transport Corporation. Subclause (1) clarifies that the corporate plan requirements in clause 165 operate in addition to the requirements in clause 64 of the Bill. Subclause (2) requires the board of directors of a Transport Corporation to give a copy of the proposed corporate plan to the Minister on or before 31 May in each year. Subclause (3) outlines the form of the proposed corporate plan, in that it must be in a form approved by the Minister, include a statement of corporate intent in accordance with clause 166 and include a business plan and financial statements containing any information that the Minister requires. Subclause (4) requires the board of directors of a Transport Corporation to consider any comments on the proposed corporate plan made to the board of directors by the Minister within 2 months after the proposed corporate plan is submitted to the Minister. Subclause (5) outlines that board of directors of a Transport Corporation must consult the Minister about the comments on the corporate plan made by the Minister, make changes if agreed between the board of directors of a Transport Corporation and Minister and then deliver the complete corporate plan to the
110 Minister within two months after the commencement of the financial year. Subclause (6) allows the corporate plan or any part of the corporate plan to be published or made available but only following the approval of the board of directors of a Transport Corporation and the Minister. Subclause (7) allows the corporate plan to be modified at any time by the board of directors of a Transport Corporation with the agreement of the Minister. Subclause (8) provides that the board of directors of a Transport Corporation can propose a modification to the corporate plan by written notice to the Minister. The board of directors of a Transport Corporation can then make that proposed modification unless the Minister, by written notice within 14 days, directs the board of directors of a Transport Corporation not to modify the corporate plan. Subclause (9) allows the Minister to direct the board of directors of a Transport Corporation to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters. The Minister's direction must occur by written notice. Subclause (10) requires the Minister to consult with the board of directors of a Transport Corporation as to a direction given by the Minister under clause 165. Subclause (11) requires the board of directors of a Transport Corporation to comply with a direction given to the Roads Corporation under clause 165. Subclause (12) clarifies that, at any particular time, the statement of corporate intent, the business plan or the financial statements for a Transport Corporation are the statements and plan last completed, with any modifications or deletions made in accordance with this Division.
Clause 166 outlines the information that a Transport Corporation must provide in its statement of corporate intent. The statement of corporate intent will relate to the current financial year and each of the 2 following financial years and must also include information about any subsidiaries of a Transport Corporation. The statement of corporate intent will include information such as the business objectives, main undertakings and performance targets of a Transport Corporation or any of its subsidiaries.
111 Clause 167 provides that a Transport Corporation must act only in accordance with its corporate plan and must obtain the written approval of the Minister before it can act in manner contrary to the corporate plan.
Clause 168 provides that nothing done by a Transport Corporation is void or unenforceable merely because the Transport Corporation has failed to comply with clause 165, clause 166 or clause 167.
Clause 169 provides that this clause applies if the board of directors of a Transport Corporation determines that matters have arisen— • that may prevent, or significantly affect, achievement of the business objectives of the Transport Corporation and its subsidiaries (if any) under the corporate plan; or • that may prevent, or significantly affect, achievement of the targets under the plan. Subclause (2) provides that if this clause applies the board must immediately notify the Minister of its determination and the reasons for the determination.
Clause 170 provides a delegation power for a Transport Corporation. Subclause (1) provides that a Transport Corporation may delegate to any person, by instrument, any of its functions, duties or powers under any Act or regulations, including the power of delegation subject to subclause (3). Subclause (2) provides that a delegation under this clause may be made— • in relation to a person or class of persons specified in the instrument of delegation; or • in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. Subclause (3) provides that a person to whom a power, duty or function has been delegated under subclause (1) may, subject to and in accordance with the instrument of delegation under subclause (1), by instrument delegate to another person that power, duty or function.
112 Subclause (4) provides that Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub- delegation under subclause (3) as if it were a delegation. Section 42 allows the delegate's state of mind to be applied to the exercise of a delegated power, duty or function where relevant to the exercise of that power or performance of a duty or function. Section 42A allows the delegator to exercise the delegated power or perform the delegated duty or function and allows for delegations to be subject to conditions.
PART 7—TRANSPORT SAFETY AGENCIES Part 7 of the Bill provides for transport safety agencies. The transport safety agencies are the Director, Transport Safety and the Chief Investigator, Transport Safety. Transport safety agencies are characterised by their specific regulatory or investigative roles that support better safety outcomes for rail, bus and marine transport. Transport safety agencies are independent statutory offices. Division 1 provides for the establishment, object, functions and powers of the Director, Transport Safety. Division 2 provides for the establishment, object, function and powers of the Chief Investigator, Transport Safety. Division 3 provides for the provisions applying to both transport safety agencies.
Division 1—Director, Transport Safety Division 1 of Part 7 of the Bill sets out the provisions relating to the Director, Transport Safety. The Director, Transport Safety is an amalgamation of the offices of the Director, Public Transport Safety and the Director of Marine Safety to create a single and independent office. This amalgamation supports the safety functions shared by the prior offices, providing greater consistency, efficiency and transparency in safety regulation. The Director, Transport Safety is charged with the independent safety regulation of rail, bus and marine transport. For the purposes of Part 7, 'transport safety' means safety for the operation of rail, bus and marine transport.
Clause 171 provides that there is to be a Director, Transport Safety. The clause further provides that the person who was the Director, Public Transport Safety, immediately before the
113 commencement of clause 171 under section 9K of the Transport Act 1983 (as in force immediately before the commencement of clause 171) becomes the Director, Transport Safety. Subclause (3) provides that the Director, Transport Safety is the successor in law of the Director, Public Transport Safety and the Director of Marine Safety.
Clause 172 provides that the object of the Director, Transport Safety is to independently seek the highest transport safety standards that are reasonably practicable and consistent with the vision statement and the transport system objectives. The Director Transport Safety has a primary object which is supported by further detail which should be considered inclusive and indicative of the primary object, but not exhaustive. It is intended that the object for the Director, Transport Safety will be consistent with the vision statement and transport system objectives. Subclause (2) provides that the primary object includes the specific objects or purposes specified in— • section 1(c) of the Marine Act 1988—that is, to provide for the efficient and safe operation of vessels on State waters; • section 1 of the Public Transport Competition Act 1995—that is, to improve the operation of road-based public transport by providing for the accreditation of operators; • section 11 of the Rail Safety Act 2006—that is, to provide for safe rail operations in Victoria.
Clause 173 sets out the functions of the Director, Transport Safety. These are to— • perform the functions and duties conferred on the Director, Transport Safety by— • the Marine Act 1988, the Public Transport Competition Act 1995, the Rail Safety Act 2006, the Transport (Compliance and Miscellaneous) Act 1983 or any other Act;
114 • regulations made under the Marine Act 1988, the Public Transport Competition Act 1995, the Rail Safety Act 2006, the Transport (Compliance and Miscellaneous) Act 1983 or any other Act; • make recommendations to the Minister with respect to— • the operation, administration and enforcement of Divisions 4B, 6 and 7 of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 and regulations under that Act. Divisions 4B, 6 and 7 of Part VII relate to the enforcement of transport safety laws; • the operation, administration and enforcement of the Rail Safety Act 2006 and regulations under that Act; • regulations made under the Rail Safety Act 2006 or under the Transport (Compliance and Miscellaneous) Act 1983 for the purposes of Divisions 4B, 6 and 7 of Part VII of the Transport (Compliance and Miscellaneous) Act 1983; • codes of practice that the Minister proposes to approve under Part 8 of the Rail Safety Act 2006 or Part 2 of the Public Transport Competition Act 1995; • the operation, administration and enforcement of the Marine Act 1988 and regulations made under that Act; • the operation and administration of marine pollution legislation, including the Pollution of Waters by Oil and Noxious Substances Act 1986. • advise and make recommendations to the Minister on matters relating to transport safety in the State and related matters; • investigate and report on transport safety matters;
115 • prepare codes of practice and guidelines to provide practical guidance to accredited rail operators and any other person who may be placed under an obligation or duty by or under a corresponding safety law; • provide guidance and information on marine safety matters; • promote education and training by— • devising, in co-operation with educational and other bodies, courses in transport safety; and • approving courses in transport safety (whether or not devised in co-operation with another body); and • facilitating access to those courses; and • initiating or promoting events such as conferences and forums, and the publication of information, relating to transport safety; • conduct any education or training activity, and approve persons to provide education and training, relevant to the functions of the Director, Transport Safety; • collect information and data about, and commission and sponsor research into, transport safety matters; • promote awareness in the transport industry (including rail safety workers) and among the public about transport safety initiatives; • develop policy in relation to the administration of transport safety regulation. Subclause (2) provides that the functions of Director, Transport Safety do not include the function of developing policy for firstly, transport safety regulation and related matters; and secondly, the development of legislation relating to transport safety regulation and related matters. Subclause (3) provides, however, that the Director, Transport Safety may advise or comment on the development of policy for the matters set out in subclause (2).
Clause 174 provides that the Director, Transport Safety has the power to investigate any transport safety matter.
116 Clause 175 provides that where a mandatory transport safety decisions may result in significant costs or expenses being incurred by a person whose interests are affected by the decision, the Director, Transport Safety must— • conduct or cause to be conducted a cost-benefit analysis of a mandatory transport safety decision; and • consult with the Premier, the Treasurer and any other Minister whose area of responsibility may be affected by a mandatory transport safety decision and the persons whose interests are affected by a mandatory transport safety decision. Subclause (3) provides that the cost-benefit analysis and consultation must be conducted— • in accordance with guidelines prepared under section 176; and • before a mandatory transport safety decision is made unless the Director, Transport Safety considers that decision must be made immediately to protect public safety. Subclause (4) provides that if a mandatory transport safety decision is made immediately to protect public safety, the cost- benefit analysis and consultation must be conducted as soon as practicable after the decision is made.
Clause 176 provides that the Minister may prepare guidelines for the purposes of cost-benefit analyses and consultation. Before preparing the guidelines, the Minister must consult with the Premier and Treasurer. These guidelines— • may include guidelines about the methodology to be applied in a cost-benefit analysis; • may require the Director, Transport Safety to obtain an independent assessment about the methodology to be applied in a cost-benefit analysis; • must include guidelines about the procedure for consultation under clause 175.
117 Clause 177 allows the Director, Transport Safety to disclose information obtained or collected in the performance or exercise of his or her functions of powers where he or she considers it necessary for the safe operation of rail, bus and marine transport. Subclause (2) provides that the Director, Transport Safety may, if he or she considers it necessary for the safe operation of rail, bus and marine transport, publish any information, including a report arising out of— • an investigation by him or her of a transport safety matter; or • an inquiry under section 59 of the Rail Safety Act 2006. Section 59 provides for the holding of an inquiry as to whether disciplinary action should be taken against an accredited rail operator. Subclause (3) provides that a publication under subclause (2) must not identify a person by name.
Clause 178 provides a delegation power for the Director, Transport Safety. Subclause (1) provides that the Director, Transport Safety may delegate, by instrument, any of its functions, duties or powers under a number of Act or regulations, including the power of delegation subject to subclause (3) to— • a transport safety officer under the Transport (Compliance and Miscellaneous) Act 1983; or • any employee employed under Part 3 of the Public Administration Act 2004 to enable the Director, Transport Safety to carry out his or her functions; or • any officer or employee of a port management body, a local port manager or a waterway manager under the Marine Act 1988; or • a consultant, contractor or agent engaged by him or her. Subclause (2) provides that a delegation under this clause may be made— • in relation to a person or class of persons specified in the instrument of delegation; or • in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.
118 Subclause (3) provides that a person to whom a power, duty or function has been delegated under subclause (1) may, subject to and in accordance with the instrument of delegation under subclause (1), by instrument delegate to another person that power, duty or function. Subclause (4) provides that Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subclause (3) as if it were a delegation. Section 42 allows the delegate's state of mind to be applied to the exercise of a delegated power, duty or function where relevant to the exercise of that power or performance of a duty or function. Section 42A allows the delegator to exercise the delegated power or perform the delegated duty or function and allows for delegations to be subject to conditions.
Division 2—Chief Investigator, Transport Safety Division 2 of Part 7 of the Bill sets out the provisions relating to the Chief Investigator, Public Transport Safety. This office is a renaming of the previous office of the Chief Investigator, Transport and Marine Safety Investigations to reflect that the marine sector is part of the transport system. The Bill continues the Chief Investigator's important 'no blame' investigative role for transport safety matters but leaves many of the Chief Investigator's investigative powers in the Transport (Compliance and Miscellaneous) Act 1983.
Clause 179 provides that there is to be a Chief Investigator, Transport Safety. The clause further provides that the person who was the Chief Investigator, Transport and Marine Safety Investigations, under section 83 of the Transport Act 1983 (as in force immediately before the commencement of clause 179) becomes the Chief Investigator, Transport Safety. Subclause (3) provides that the Chief Investigator, Transport Safety is the successor in law of the Chief Investigator, Transport and Marine Safety Investigations.
Clause 180 provides that the object of the Chief Investigator, Transport Safety is to seek to improve transport safety by providing for the independent no-blame investigation of transport safety matters consistent with the vision statement and the transport system objectives.
119 Clause 181 provides that the principal function of the Chief Investigator, Transport Safety is to— • investigate transport safety matters; and • report the results of any investigations conducted by the Chief Investigator, Transport Safety to the Minister. Subclause (2) provides that in investigating an incident, the Chief Investigator, Transport Safety is to primarily focus on— • determining what factors caused the incident, rather than to apportion blame for the incident; and • identifying issues that may require review, monitoring or further consideration. Subclause (3) provides that the functions of the Chief Investigator, Transport Safety are to— • perform any functions or duties conferred on the Chief Investigator, Transport Safety by the Marine Act 1988, the Transport (Compliance and Miscellaneous) Act 1983 or any other Act; • liaise with international, Commonwealth and State bodies and agencies that have similar functions to those of the Chief Investigator, Transport Safety; • administer any voluntary reporting system that is set up under section 85F of the Transport (Compliance and Miscellaneous) Act 1983; • improve the quality and professionalism of investigations by educating those who are involved in the operation or use of rail, bus or marine transport.
Clause 182 provides that the Chief Investigator, Transport Safety may investigate any transport safety matter.
Clause 183 provides a delegation power for the Chief Investigator, Transport Safety. Subclause (1) provides that the Chief Investigator, Transport Safety may delegate to any person, by instrument, any of its functions, duties or powers under any Act or regulations, including the power of delegation subject to subclause (3).
120 Subclause (2) provides that a delegation under this clause may be made— • in relation to a person or class of persons specified in the instrument of delegation; or • in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation. Subclause (3) provides that a person to whom a power, duty or function has been delegated under subclause (1) may, subject to and in accordance with the instrument of delegation under subclause (1), by instrument delegate to another person that power, duty or function. Subclause (4) provides that Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subclause (3) as if it were a delegation. Section 42 allows the delegate's state of mind to be applied to the exercise of a delegated power, duty or function where relevant to the exercise of that power or performance of a duty or function. Section 42A allows the delegator to exercise the delegated power or perform the delegated duty or function and allows for delegations to be subject to conditions.
Division 3—Provisions applying to transport safety appointees Division 3 of Part 7 of the Bill sets out the provisions that are common to the offices of transport safety appointees—the Chief Investigator, Transport Safety and the Director, Transport Safety.
Clause 184 provides that a transport safety appointee (the Chief Investigator, Transport Safety and the Director, Transport Safety) is to be appointed by the Governor in Council for a period of up to 5 years. Subclause (2) provides that the transport safety appointee is to hold office on the terms and conditions (including remuneration and allowances) set out in the instrument by which he or she was appointed. Subclause (3) provides that the person who holds the office of transport safety appointee may be re-appointed.
121 Subclause (4) provides that the transport safety appointee must (in the opinion of the Governor in Council) have at least two of the following attributes— • experience relevant to the particular appointment; • appropriate tertiary qualifications; • experience in the management of public transport or marine safety systems for a period of at least 10 years; • experience in the marine, road or rail transport (freight and passenger) sectors; • senior level experience in the transport or legal sector. Subclause (5) provides that the Public Administration Act 2004 (other than Part 3 of that Act) applies to a transport safety appointee in respect of the office of the transport safety appointee.
Clause 185 provides for acting appointments as a transport safety appointee. Subclause (1) provides that the Governor in Council may appoint a person to act in the office of a transport safety appointee during a vacancy in that office or during a period or all periods when the person holding that office is absent from duty or is, for any reason, unable to perform the duties of that office. Subclause (2) provides that an acting appointment is for the period, not exceeding six months, which is specified in the instrument of appointment. Subclause (3) provides that the Governor in Council may at any time remove the person acting from office. Subclause (4) provides that while a person is acting in the office of the transport safety appointee, the person— • has, and may exercise, all the powers and must perform all the duties of that office under this Act or any other Act; and • is entitled to be paid the remuneration and allowances that the transport safety appointee would have been entitled to for performing those duties.
122 Clause 186 provides that a person ceases to be a transport safety appointee— • at the expiry of his or her term of office; or • if he or she resigns in accordance with clause 187; or • if he or she ceases to hold office under clause 188; or • if he or she becomes an insolvent under administration; or • if he or she is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or • if he or she nominate for election as a member of the Parliament of any jurisdiction.
Clause 187 provides that a transport safety appointee may resign from office by notice in writing signed by him or her and delivered to the Minister.
Clause 188 provides that the Governor in Council may suspend a person from office as a transport safety appointee on the recommendation of the Minister. Subclause (2) provides that the Minister may recommend the suspension if he or she is of the opinion that the person— • is incapable of performing his or her functions or duties; or • has refused or neglected to perform his or her functions or duties; or • has engaged in misconduct; or • is otherwise unfit to continue to be a transport safety appointee. Subclause (3) provides that before making such a recommendation the Minister must— • give the person written notice that the Minister is considering making the recommendation, together with the details of the reasons why the recommendation is being considered; and • consider any submissions made to the Minister by, or on behalf of, the person in response to the notice.
123 Subclause (4) provides that if the Governor in Council suspends a person as a transport safety appointee, the Minister must, on or before the third siting day of each House of Parliament after that suspension, ensure that a statement of the grounds for the making of the recommendation that the person be suspended is laid before the House. Subclause (5) provides that a person ceases to hold office as a transport safety appointee if each House of Parliament declares by resolution, passed within 7 sitting days of the House after the laying before it of the statement that he or she should cease to hold office. Subclause (6) provides that the suspension of a person as a transport safety appointee ceases— • if a resolution that he or she should cease to hold office is defeated before either House of Parliament; or • if such a resolution is not passed by each House of Parliament within 7 sitting days of the House after the laying before it of the statement. Subclause (7) provides that if a person is suspended from office under this section, he or she remains entitled to his or her remuneration and allowances as a transport safety appointee during the period of suspension.
Clause 189 provides that an act or decision of a transport safety appointee or acting transport safety appointee is not invalid only— • because of a defect or irregularity in or in connection with the appointment; or • in the case of an acting transport safety appointee, on the grounds) that the occasion for so acting had not arisen or had ceased.
Clause 190 provides that a transport safety appointee or an acting transport safety appointee is not personally liable for anything done or omitted to be done in good faith— • in the exercise of a power or the performance of a function or duty under the Bill or under any other Act or regulation under the Bill or any other Act; or • in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under the Bill or under any other Acts or regulation under the Bill or any other Act.
124 Subclause (2) provides that any liability resulting from an act or omission that would otherwise attach to the transport safety appointee or acting transport safety appointee attaches instead to the Crown.
Clause 191 provides that the Minister may direct the relevant transport safety appointee to investigate a public transport safety matter or a marine safety matter. Subclause (2) provides that the Minister must not give a direction— • that directs the transport safety appointee as to how to conduct an investigation into a pubic transport safety matter or a marine safety matter; or • that directs the transport safety appointee as to which persons the transport safety appointee may request or direct to assist him or her in investigating a public transport safety matter or a marine safety matter; or • about the outcome of any investigation into a public transport safety matter or a marine safety matter; or • that directs the transport safety appointee to stop investigating any public transport safety matter or marine safety matter. Subclause (3) provides that directions under this section must be published in the Government Gazette and takes effect on it being published in the Government Gazette. Subclause (4) provides that the Minister must cause a copy of the direction to be laid before each House of Parliament on or before the third sitting day of the House after the direction is published in the Government Gazette. Subclause (5) provides that the relevant transport safety appointee must comply with a direction given under this clause.
Clause 192 provides that there may be employed under Part 3 of the Public Administration Act 2004 any persons that are necessary to enable a transport safety appointee to carry out his or her functions.
Clause 193 provides for the powers of transport safety appointees. It is intended that the powers will provide transport safety appointees with the capacity to undertake the functions conferred on the transport safety appointees.
125 Subclause (1) provides that a transport safety appointee has power, on behalf of the Crown, to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the transport safety appointee and the performance of his or her functions. Subclause (2) provides that subject to the approval of the Minister, a transport safety appointee may on behalf of the Crown— • acquire, hold, or dispose of real or personal property; • enter into any agreement or contract; • enter into any lease or licence; • participate in the formation of a corporation, trust, partnership or other body; • subscribe for or otherwise acquire, and hold and dispose of, shares in or debentures or other securities of, a corporation; • become a member of a company limited by guarantee; • subscribe for or other wise acquire, and hold and dispose of, units in a trust; • acquire, and hold and dispose of, an interest in a partnership or other body; • enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the transport safety appointee; • assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right; • engage in any business, undertaking or activity incidental to the performance of its functions;
126 • engage consultants, contractors or agents; • act as trustee; • act as an agent of another person. Subclause (3) provides that without limiting subclause (1), a transport safety appointee may exercise the powers conferred on the transport safety appointee by any other Act or the regulations under any other Act. Subclause (4) provides that the generality of this clause is not limited by another provision of the Bill or any other Act which confers a power on a transport safety appointee.
Clause 194 provides that (subject to clause 191 and clause 193(2)) a transport safety appointee, when performing or exercising his or her functions or powers, is independent and is not subject to the direction and control of the Minister.
Clause 195 provides a transport safety appointee with extraterritorial powers, allowing a transport safety appointee to perform his or her functions or powers within or outside Victoria.
Clause 196 provides that a transport safety appointee may enter into a memorandum of understanding with another transport safety appointee or any other person or body that is permitted by the regulations, about the performance or exercise of their respective functions or powers. Subclause (2) provides that a memorandum of understanding— • must include any matters required by the regulations; • may include any other matters that the parties to the memorandum consider appropriate. Subclause (3) provides that a transport safety appointee must ensure that a memorandum of understanding that he or she enters into is published both in the Government Gazette and on the internet.
Clause 197 provides that a transport safety appointee may give advice to a person who has a duty or obligation under a corresponding safety law. Subclause (2) provides that the giving of such advice does not give rise to— • any liability of, or other claim against, the transport safety appointee; or
127 • any right, expectation, duty or obligation that would not otherwise be conferred or imposed on the person given the advice; or • any defence that would not otherwise be available to that person. Subclause (3) provides that a transport safety appointee's power under this section to give advice may also be exercised by a delegate of the transport safety appointee who has been authorised to do so.
PART 8—GENERAL Part 8 of the Bill provides for the making of regulations and provides for amendments to the Transport Act 1983, the Rail Corporations Act 1996 and the Marine Act 1988. Part 8 also provides for the repeal of the Southern and Eastern Integrated Transport Authority Act 2003 and the consequential amendment of a number of other Acts. Part 8 also provides for the making of transitional regulations.
Division 1—Regulations
Clause 198 provides that the Governor in Council may make regulations for or with respect to any matter or thing required or permitted by the Bill to be prescribed or necessary to be prescribed to give effect to the Bill. More specifically, subclause (2) provides that the regulations— • may be of general or specially limited application; • may differ according to differences in time, place or circumstance; • may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or class of persons; • may provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified;
128 • may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons; • may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person— • wholly or partially or as amended by the regulations; or • as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or • as formulated, issued, prescribed or published from time to time; • may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.
Division 2—Miscellaneous
Clause 199 provides for the renaming of the Transport Act 1983 to the Transport (Compliance and Miscellaneous) Act 1983 and provides that upon the commencement of the clause, the Transport Act 1983 is to be known as the Transport (Compliance and Miscellaneous) Act 1983 in any Act (other than the Bill), regulation, subordinate instrument or other document unless the contrary intention appears. The clause also provides for the amendment of that Act by Schedule 3 to the Bill. The renamed Transport Act 1983 therefore becomes a supporting statute for the Transport Integration Bill and contains a repository of compliance and other provisions for transport and transport bodies. The resulting Transport (Compliance and Miscellaneous) Act 1983 will itself be the subject of policy and structural reform in coming years. Subclause (4) is a savings provision to ensure that all persons, things and circumstances appointed or created by or under the Transport Act 1983 or existing or continuing under that Act immediately before the commencement of this clause continue under and subject to the Bill.
129 Subclause (5) provides that nothing in this clause limits or otherwise affects the operation of the Interpretation of Legislation Act 1984.
Clause 200 provides for the renaming of the Rail Corporations Act 1996 to the Rail Management Act 1996 and amendments to that Act by Schedule 4 to the Bill. The rail corporations in the current Act are being transferred into the Transport Integration Bill, thereby leaving a remaining suite of provisions relating to the management of rail operations in Victoria. Subclause (2) provides that upon commencement of this clause, any reference in any Act (other than the Bill), regulation, subordinate instrument or other document whatsoever to the Rail Corporations Act 1996 is to be construed as a reference to the Rail Management Act 1996, unless the contrary intention appears. Subclause (4) is a savings provision to ensure that all persons, things and circumstances appointed or created by or under the Rail Corporations Act 1996 or existing or continuing under that Act immediately before the commencement of this clause continue under and subject to the Bill. Subclause (5) provides that nothing in this clause limits or otherwise affects the operation of the Interpretation of Legislation Act 1984.
Clause 201 provides for amendments to the Marine Act 1988 in Schedule 5 to the Bill. Subclause (2) is a savings provision to the effect that except as is expressly or by necessary implication provided in the Bill, all persons, things and circumstances appointed or created by or under the Marine Act 1988 or existing or continuing under that Act immediately before the commencement of this clause continue under and subject to the Bill to have the same status, operation and effect as they respectively would have had if that Act had not been amended by the Bill. Subclause (3) provides that nothing in this clause limits or otherwise affects the operation of the Interpretation of Legislation Act 1984.
130 Clause 202 repeals the Southern and Eastern Integrated Transport Authority Act 2003. The Act is no longer required following the completion of EastLink which is now in operation. Subclause (2) is a savings provision to the effect that except as is expressly or by necessary implication provided in the Bill, all persons, things and circumstances appointed or created by or under the Southern and Eastern Integrated Transport Authority Act 2003 or existing or continuing under that Act immediately before the commencement of this clause continue under and subject to the Bill to have the same status, operation and effect as they respectively would have had if that act has not been amended by this Bill. Subclause (3) makes a consequential amendment to Schedule 1 of the Borrowing and Investment Powers Act 1987 by repealing item 12A. Subclause (4) provides that nothing in this clause limits or otherwise affects the operation of the Interpretation of Legislation Act 1984.
Clause 203 provides for consequential amendments to a number of Acts as set out in Schedule 6 to the Bill.
Clause 204 provides for amendments to the Borrowing and Investment Powers Act 1987 and the Land Acquisition and Compensation Act 1986 with respect to the Transport Infrastructure Development Agent established under the Bill.
Clause 205 provides for the making of regulations by the Governor in Council containing provisions of a savings or transitional nature consequent on the enactment of the Bill. Such provisions may be retrospective in nature and have effect despite anything to the contrary in any Act (other than the Bill or the Charter of Human Rights and Responsibilities) or in any subordinate instrument. This clause expires on 1 July 2012.
Clause 206 provides for the repeal of clause 204, clause 206 and Schedules 1 to 6 on 1 July 2012.
131 SCHEDULES
SCHEDULE 1
Amendments to Transport Legislation Schedule 1 provides for amendments to transport legislation to provide that such legislation is "transport legislation" within the meaning of the Bill.
SCHEDULE 2
Amendments to Interface Legislation Schedule 2 provides for amendments to interface legislation to provide that such legislation is "interface legislation" within the meaning of the Bill.
SCHEDULE 3
Consequential Amendments to the Transport Act 1983 Schedule 3 provides for consequential amendments to the Transport Act 1983.
SCHEDULE 4
Consequential Amendments to the Rail Corporations Act 1996 Schedule 4 provides for consequential amendments to the Rail Corporations Act 1996.
SCHEDULE 5
Consequential Amendments to the Marine Act 1988 Schedule 5 provides for consequential amendments to the Marine Act 1988.
SCHEDULE 6
Consequential Amendments to other Acts Schedule 6 provides for consequential amendments to other Acts.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 This version of the Explanatory Memorandum contains corrections to the Explanatory Memorandum previously circulated.
132
PARLIAMENT OF VICTORIA
Transport Integration Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 3 Definitions 2 4 Order in Council declaring body to be a transport body or interface body 18 5 Act binds the Crown 19
PART 2—VISION STATEMENT, OBJECTIVES, PRINCIPLES AND STATEMENTS OF POLICY PRINCIPLES 20 Division 1—Vision statement 20 6 Vision statement 20 Division 2—Transport system objectives 20 7 Transport system objectives 20 8 Social and economic inclusion 20 9 Economic prosperity 20 10 Environmental sustainability 21 11 Integration of transport and land use 21 12 Efficiency, coordination and reliability 22 13 Safety and health and wellbeing 23 Division 3—Decision making principles 24 14 Decision making principles 24 15 Principle of integrated decision making 24 16 Principle of triple bottom line assessment 24 17 Principle of equity 24 18 Principle of the transport system user perspective 24 19 Precautionary principle 25 20 Principle of stakeholder engagement and community participation 25 21 Principle of transparency 25
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Division 4—Statements of policy principles 26 22 Minister may issue a statement of policy principles 26 Division 5—Interpretation and guidance 27 23 Interpretation 27 24 Application to a transport body 27 25 Application to an interface body 28 26 Weight to be given to transport system objectives 29 27 Weight to be given to decision making principles 29 28 Effect of this Part 29
PART 3—ADMINISTRATION 30 Division 1—The Minister 30 29 General powers 30 30 Minister may appoint a person or establish a body to provide advice 30 31 Delegation by Minister 31 Division 2—The Department 31 32 Objects of the Department 31 33 Functions of the Department 32 Division 3—The Secretary 33 34 Powers of the Secretary 33 35 Recording of dealings 36 36 Compulsory acquisition of land 37 37 Powers to enter land for investigative purposes 38 38 Directions 40 39 Delegation by Secretary 40 Division 4—Transport Infrastructure Development Agent 41 40 Transport Infrastructure Development Agent 41 41 Official seal 41 42 Transport Infrastructure Development Agent represents the Crown 42 43 Object of the Transport Infrastructure Development Agent 42 44 Functions of the Transport Infrastructure Development Agent 42 45 Powers of the Transport Infrastructure Development Agent 44 46 Directions 45 47 Delegation by the Transport Infrastructure Development Agent 45 48 Appointment of member 46 49 Transport Infrastructure Project Orders 46 50 Revocation of Transport Infrastructure Project Order 47
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Division 5—Transfer of transport projects 47 51 Definitions 47 52 Transfer of transport project 48 53 Transfer subject to encumbrances 49 54 Substitution of party to agreement 49 55 Instruments 49 56 Proceedings 50 57 Interests in land 50 58 Action by Registrar of Titles 50 59 Taxes 51 60 Evidence 51 61 Transfer of employees 51 62 Validity of things done under this Division 53
PART 4—PLANNING 55 63 Victorian Transport Plan 55 64 Corporate Plans 56
PART 5—TRANSPORT SYSTEM AGENCIES 58 Division 1—Director of Public Transport 58 65 Director of Public Transport 58 66 Object of Director of Public Transport 58 67 Functions of the Director of Public Transport 59 68 Powers of the Director of Public Transport 62 69 Powers in relation to land 64 70 Recording of dealings 65 71 Compulsory acquisition of land 66 72 Easements 67 73 Director of Public Transport may use Crown lands reserved under Crown Land (Reserves) Act 1978 68 74 Extra-territoriality 68 75 Directions 69 76 Contingency planning for exercise of certain powers 69 77 Director of Public Transport to conduct cost-benefit analysis of relevant rail safety projects 69 78 Guidelines for cost-benefit analysis and consultation 70 79 Delegation by Director of Public Transport 71 Division 2—Roads Corporation 71 80 Roads Corporation 71 81 Official seal 72 82 Trading name 72 83 Roads Corporation represents the Crown 72 84 Chief Executive of the Roads Corporation 73 85 Validity of acts or decisions 74
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86 Object of the Roads Corporation 74 87 Functions of the Roads Corporation 76 88 Powers of the Roads Corporation 78 89 Powers in relation to non-transport system functions 80 90 Roads Corporation may employ persons 81 91 Disposal of assets in exchange for lease 81 92 Roads Corporation may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978 82 93 Grant of unalienated Crown land 84 94 Surplus land 84 95 Acquisition of land or interest in land to achieve environmental sustainability 86 96 Power to enter building 86 97 Extra-territoriality 87 98 Directions 87 99 Minister to set quantitative targets 87 100 Treasurer or Minister to provide information 88 101 Roads Corporation to prepare budgets 89 102 Minister to submit budgets 91 103 Funding of deficit 91 104 Revised budget 92 105 Interim budgets 92 106 Roads Corporation to provide budgetary information 92 107 General fund 93 108 Financial accommodation 94 109 Power of Treasurer to execute guarantee 95 110 Corporate plan 96 111 Statement of corporate intent 98 112 Corporate plan to be followed 99 113 Nothing void merely because of non-compliance 99 114 Roads Corporation to give notice of significant events 99 115 Delegation by Roads Corporation 99
PART 6—TRANSPORT CORPORATIONS 101 Division 1—Victorian Rail Track 101 116 Victorian Rail Track 101 117 Trading name 101 118 Victorian Rail Track not to represent the Crown 101 119 Object of Victorian Rail Track 101 120 Functions of Victorian Rail Track 102 121 Compulsory acquisition of land 104 122 Easements 105 123 Victorian Rail Track may use Crown lands reserved under Crown Land (Reserves) Act 1978 105 124 Grant of unalienated Crown land 107
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125 Land 108 126 Powers to enter land to construct or maintain works 110 127 Contingency planning for exercise of certain powers 112 Division 2—V/Line Corporation 112 128 V/Line Corporation 112 129 Trading name 112 130 V/Line Corporation not to represent the Crown 112 131 Object of V/Line Corporation 113 132 Functions of V/Line Corporation 114 133 Contingency planning for exercise of certain powers 115 Division 3—Linking Melbourne Authority 116 134 Establishment of Linking Melbourne Authority 116 135 Linking Melbourne Authority represents the Crown 116 136 Declaration of any Road Transport-Related Project 116 137 Object of Linking Melbourne Authority 116 138 Functions of the Linking Melbourne Authority 117 139 Power to enter into arrangements for the services of public servants 119 140 Money of the Linking Melbourne Authority 119 141 General fund 120 Division 4—Provisions applying to Transport Corporations 121 142 Transport Corporation is a body corporate 121 143 Board of directors 122 144 Constitution of board of directors 122 145 Appointment of directors 122 146 Acting appointments 123 147 Chief executive officer and other employees 125 148 Vacancies, resignations, removal from office 126 149 Validity of acts or decisions 127 150 Proceedings of board of directors 127 151 Resolutions without meetings 128 152 Powers of a Transport Corporation 129 153 Certain powers not affected 131 154 Borrowing and investment by a Transport Corporation 131 155 Transport Corporation not to make loans to directors 131 156 Extra-territoriality 132 157 Indemnity 132 158 Determination of initial capital 132 159 Capital 133 160 Repayment of capital 134 161 Dividends 134 162 Reports to Minister or Treasurer 134 163 Directions 134 164 Annual report 135
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165 Corporate plan 135 166 Statement of corporate intent 137 167 Corporate plan to be followed 138 168 Nothing void merely because of non-compliance 138 169 Board of directors to give notice of significant events 138 170 Delegation by a Transport Corporation 139
PART 7—TRANSPORT SAFETY AGENCIES 140 Division 1—Director, Transport Safety 140 171 Director, Transport Safety 140 172 Object of Director, Transport Safety 140 173 Functions of Director, Transport Safety 141 174 Power to investigate 144 175 Director, Transport Safety to conduct cost-benefit analysis of and consult about mandatory transport safety decisions 144 176 Guidelines 145 177 Information disclosure by Director, Transport Safety 145 178 Delegation by the Director, Transport Safety 146 Division 2—Chief Investigator, Transport Safety 147 179 Chief Investigator, Transport Safety 147 180 Object of the Chief Investigator, Transport Safety 148 181 Functions of the Chief Investigator, Transport Safety 148 182 Power to investigate 149 183 Delegation by the Chief Investigator, Transport Safety 149 Division 3—Provisions applying to transport safety appointees 150 184 Appointment 150 185 Acting appointment 151 186 When a transport safety appointee ceases to hold office 152 187 Resignation 152 188 Suspension and removal from office 152 189 Validity of acts and decisions 154 190 Immunity 154 191 Ministerial direction to investigate public transport safety matter or marine safety matter 155 192 Employment of persons 156 193 Powers of transport safety appointee 156 194 Independence of transport safety appointee 158 195 Extra-territoriality 158 196 Memoranda of understanding 158 197 Power to give advice on compliance 159
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PART 8—GENERAL 160 Division 1—Regulations 160 198 Regulations 160 Division 2—Miscellaneous 161 199 Transport Act 1983 161 200 Rail Corporations Act 1996 162 201 Marine Act 1988 162 202 Repeal of Southern and Eastern Integrated Transport Authority Act 2003 163 203 Consequential amendments to other Acts 164 204 Amendment relating to the Transport Infrastructure Development Agent 164 205 Transitional regulations 165 206 Repeal of amending provisions 165 ______
SCHEDULES 166 SCHEDULE 1—Amendments to Transport Legislation 166 1 Accident Towing Services Act 2007 166 4A Transport Integration Act 2009 166 2 Border Railways Act 1922 166 4A Transport Integration Act 2009 166 3 Business Franchise (Petroleum Products) Act 1979 166 2A Transport Integration Act 2009 166 4 Bus Safety Act 2009 166 3A Transport Integration Act 2009 166 5 Eastlink Project Act 2004 167 3A Transport Integration Act 2009 167 6 Marine Act 1988 167 3A Transport Integration Act 2009 167 7 Melbourne City Link Act 1995 167 5 Transport Integration Act 2009 167 8 National Rail Corporation (Victoria) Act 1991 167 3A Transport Integration Act 2009 167 9 Pollution of Waters by Oil and Noxious Substances Act 1986 167 3A Transport Integration Act 2009 167 10 Port Services Act 1995 168 3A Transport Integration Act 2009 168 11 Public Transport Competition Act 1995 168 3C Transport Integration Act 2009 168 12 Rail Corporations Act 1996 168 3A Transport Integration Act 2009 168
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13 Rail Safety Act 2006 168 3A Transport Integration Act 2009 168 14 Road Management Act 2004 168 5A Transport Integration Act 2009 169 15 Road Safety Act 1986 169 3B Transport Integration Act 2009 169 16 Transport Act 1983 170 2A Transport Integration Act 2009 170 17 Very Fast Train (Route Investigation) Act 1989 170 3A Transport Integration Act 2009 170 18 Westernport (Crib Point Terminal) Act 1963 170 2B Transport Integration Act 2009 170
SCHEDULE 2—Amendments to Interface Legislation 171 1 Alpine Resorts (Management) Act 1997 171 3B Transport Integration Act 2009 171 2 Conservation, Forests and Lands Act 1987 171 4A Transport Integration Act 2009 171 3 Crown Land (Reserves) Act 1978 171 3B Transport Integration Act 2009 171 4 Forests Act 1958 171 3B Transport Integration Act 2009 171 5 Land Act 1958 172 3B Transport Integration Act 2009 172 6 Local Government Act 1989 172 3AA Transport Integration Act 2009 172 203 Transport plan 172 203A Transport services 172 7 Major Transport Projects Facilitation Act 2009 173 3A Transport Integration Act 2009 173 8 National Parks Act 1975 173 4B Transport Integration Act 2009 173 9 Parks Victoria Act 1998 173 3A Transport Integration Act 2009 173 10 Planning and Environment Act 1987 173 3A Transport Integration Act 2009 173 11 Project Development and Construction Management Act 1994 174 5A Transport Integration Act 2009 174 12 Victorian Urban Development Authority Act 2003 174 3A Transport Integration Act 2009 174 13 Water Industry Act 1994 174 Division 1—Interface Legislation 174 107 Transport Integration Act 2009 174
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14 Wildlife Act 1975 174 4 Transport Integration Act 2009 174
SCHEDULE 3—Consequential Amendments to the Transport Act 1983 175 1 Amendment of Part 1 175 2 Amendment of Division 1 of Part II 177 3 Repeal of Division 3 of Part II 177 4 Repeal of Division 4 of Part II 177 5 Repeal of Division 5 of Part II 178 6 Repeal of certain sections of Part III 178 7 Repeal of Division 1 of Part IV 178 8 Repeal of certain sections of Division 2 of Part IV 178 9 Amendment of Parts V and VI 178 10 Repeal of Schedule 1A 179 11 Repeal of Schedule 2 179 12 Consequential amendments caused by the repeal of definitions 179
SCHEDULE 4—Consequential Amendments to the Rail Corporations Act 1996 180 1 Section 1 substituted 180 1 Purpose 180 2 Amendments to section 3 180 3 Repeal of Part 2 181 4 Amendment of certain sections of Part 4 181 5 Amendment to section 104 181 6 Repeal of Schedule 1 182
SCHEDULE 5—Consequential Amendments to the Marine Act 1988 183 1 Amendments to Part 1 183 2 Amendments to Division 1 of Part 8 185 3 Amendments to Schedule 4 185
SCHEDULE 6—Consequential Amendments to other Acts 186 1 Accident Towing Services Act 2007 186 2 Border Railways Act 1922 187 3 Borrowing and Investment Powers Act 1987 187 4 Bus Safety Act 2009 187 Division 8—Transport Integration Act 2009 188 101A Consequential amendments 188 5 Charter of Human Rights and Responsibilities Act 2006 189
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6 Children, Youth and Families Act 2005 189 7 Chinatown Historic Precinct Act 1984 190 8 Commonwealth Arrangements Act 1958 190 9 Constitution Act 1975 190 10 Country Fire Authority Act 1958 190 11 Criminal Procedure Act 2009 191 12 Docklands Act 1991 191 13 Duties Act 2000 191 47A Transfer to Victorian Rail Track 191 14 Eastlink Project Act 2004 192 15 Electricity Industry Act 2000 193 16 Electricity Safety Act 1998 193 17 Emerald Tourist Railway Act 1977 194 18 Emergency Management Act 1986 194 19 Essential Services Act 1958 194 20 Essential Services Commission Act 2001 195 21 Estate Agents Act 1980 195 22 Fences Act 1968 195 23 Forests Act 1958 196 24 Graffiti Prevention Act 2007 196 25 Housing Act 1983 196 26 Infringements Act 2006 196 27 Land Act 1958 197 28 Limitation of Actions Act 1958 198 29 Local Government Act 1989 198 30 Major Transport Projects Facilitation Act 2009 199 31 Melbourne City Link Act 1995 199 32 National Parks Act 1975 203 33 Owner Drivers and Forestry Contractors Act 2005 203 34 Pipelines Act 2005 203 35 Planning and Environment Act 1987 203 36 Port Services Act 1995 204 37 Private Security Act 2004 204 38 Project Development and Construction Management Act 1994 204 39 Public Transport Competition Act 1995 205 40 Rail Safety Act 2006 205 41 Road Management Act 2004 206 42 Road Safety Act 1986 208 43 Safety on Public Land Act 2004 209 44 Southgate Project Act 1994 210 45 Taxation Administration Act 1997 210 46 Transport Accident Act 1986 210 47 Treasury Corporation of Victoria Act 1992 211 48 Victims of Crime Assistance Act 1996 211 49 Victorian Civil and Administrative Tribunal Act 1998 211
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50 Victorian Urban Development Authority Act 2003 211 51 Water Act 1989 212 52 Water Industry Act 1994 212 53 Working with Children Act 2005 212 ═══════════════
ENDNOTES 214
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