442 - australasian legal information institute · 1983 transport no. 9921 assembled and by the...

442

A N N O T R I C E S I M O S E C U N D O

ELIZABETHAE SECUNDO REGINAE VICTORIA

Transport Act 1983

No. 9921

An Act to Re-enact with Amendments the Law relating to Transport including the Law with respect to

Railways, Roads and Tramways, to repeal the Country Roads Act 1958, the Melbourne and Metropolitan Tramways Act 1958, the Ministry of Transport Act \ 958, the Railway Lands Acquisition Act 1958, the RailwaysAct \95^, the Road Traffic Act 1958, the

Transport Regulation Act 1958, the Melbourne Underground Rail Loop Act 1910, the Recreation Vehicles Act 1973, the Railway Construction and

Property Board Act 1979 and certain other Acts, to make consequential amendments to various Acts and

for other purposes.

[Assented to 23 June 1983]

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Le^slative Council and the Legislative Assembly of Victoria in this present Parliament

1983 Transport No. 9921

assembled and by the authority of the same as follows (that is to say):

443

Cotninenoemefii

PART i.—PRELIMINARY

1. (1) This Act may be cited as the Transport Act 1983. sbontitie.

(2) The several provisions of this Act shall come into operation or be deemed to have come into operation as follows:

(a) Section 246 shall be deemed to have come into operation on 5 May 1983;

(b) Division 7 of Part VI. shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette, and

(c) The remaining provisions of this Act shall come into operation on 1 July 1983.

(3) This Act is divided into Parts and Divisions as follows: Divtsiori inio Pans and

Part l .^*reliminary ss. 1-2. Diviiiom.

Part II.—^Administration ss. 3-37. Division 1—The Ministry of Transport ss. 3-7. Division 2—-The Victorian Transport Directorate

and the Victoria Transport Borrowing Agency ss. 8-12.

Division 3—Establishment of the Authorities ss. 13-20.

Division 4—General Provisions ss. 21-33. Division 5—Other Boards and Committees ss.

34-37.

Part III.—Powers of the Authorities and the Agency ss. 38-56.

Part IV.^^inancial ss. 57-81. Division 1—Budgets and Accounts ss. 57-67. Division 2—Borrowing Powers ss. 68-81.

Part v.—The Victorian Transport Service ss. 82-85.

Part VI.—^Traffic Regulation, Registration and Licensing ss. 86-207.

Division 1 —General Provisions ss. 86-91.

Division 2—Traffic Regulation ss. 92-97,

Division 3—Recreation Vehicles ss. 98-118.

Division 4—Road Transport Licensing Tribunal ss. 119-137.

444

"A«eocy,'


Division 5—Commercial Passenger Vehicles ss. 138-162.

Division 6—Private Omnibuses ss. 163-166, Division 7—Hire and Drive Omnibuses ss.

167-170. Division 8—Tow Trucks ss. 171-185. Division 9—Commercial Goods Vehicles

ss. 186-197. Division 10—Passenger Ferry Services ss.

198-207.

Part VII.—Prosecutions, Enforcement and Penalties ss. 208-230. Division I—Interpretations s. 208. Division 2—Infringements ss. 209-215. Division 3—Enforcement Provisions ss. 216-220, Division 4—Offences and Penalties ss. 221-228. Division 5—Prosecutions and Evidentiary

Provisions ss. 229-230, Part VIII,—Miscellaneous and Transitional ss, 231-256.

Division 1—Transfer of Powers Functions Assets Liabilities and Staff ss. 231-246,

Division 2—Miscellaneous ss. 247-256, Schedule 1—Provisions Applicable to the j^ency and the

Authorities. Schedule 2—Particular Powers of Authorities. Schedule 3—Further Particular Powers of State Transport

Authority and Metropolitan Transit Authority. Schedule 4—Further Particular Powers of Road Construction

Authority. Schedule 5—Provisions with respect to Roads. Schedule 6—Fees on Transfer of Commercial Passenger

Vehicle Licences. Schedule 7—Covenants to be included in Deed of Assignment, Schedule 8—Classes, Kinds or Descriptions of Goods. Schedule 9—Prescribed Penalties for certain Traffic

Infringements. Schedule 10—Offences in respect of which Transport

Infringement Notices may be served, Schedule 11—Repeals. Schedule 12—Amendments to other Acts.

2. <1) In this Act unless inconsistent with the context or subject-matter

"Agency" means the Victoria Transport Borrowing /^ncy established under Part II.

1983 Transport No. 9921 445

"Ancillary works" means works which while not forming part "Aociinry of a road or bridge are in the opinion of the Road •™'"" Construction Authority required to be executed in conjunction with— {a) the making of a new road or a deviation from or

widening of an existing road; or {b) the construction, reconstruction, strengthening,

widening or improvement of a bridge. "Appointed day" means 1 July 1983. "Appointed dty."

"Authority" means— -Authority," (a) the State Transport Authority; (b) the Metropolitan Transit Authority; (c) the Road Construction Authority; or {d) the Road Traffic Authority.

"Brieve" means a bridge for carrying the traffic of any street or "Bri<iie." road and includes— (a) a temporary bridge for use during the construction,

reconstruction, strengthening, widening or improvement of any other bridge; and

{b) the abutments of and approaches to a bridge. "Commonwealth" means Commonwealth of Australia. "Common-

"Declared road" means a freeway. State highway, main road, "Deetared road."

tourists' road, forest road, stock route, metropolitan bridge or the West Gate Bridge.

"Forest road" means a road declared to be a forest road under "Fore«ro«d." this Act or proclaimed to be a forest road under any corresponding previous enactment.

"Freeway" means a road declared to be or deemed to be a "Fretuoy,"

freeway or by-pass road under this Act or any corresponding previous enactment.

"Hoarding" means a structure for the exhibition of "Hoanling."

advertisements and includes a sky-sign. "Land" includes any estate, interest, easement, servitude, -LMXI."

privilege or right in or over land and strata above or below the surface of land and easements and rights to use strata above or below the surface of land.

"Main road" means a road declared to be or deemed to be a "Main road,"

main road under this Act or any corresponding previous enactment.

"Maintenance" of a road or bridge includes the execution of all -Mainiciunu." works of any description which are in the opinion of the Road Construction Authority required to keep the road or bridge in the state of utility in which it was— (a) in the case of a road, on the completion of the original

making thereof or of any further making or widening

446 i^83 Transport No. 9921

thereof or of the carrying out of any permanent improvements thereon;

{b) in the case of a bridge, on the completion of the construction thereof or of any reconstruction, strengthening, widening or improvement thereof

"Melbourne "Melbourne metropolitan area" means that area bounded by ™«ropoii.ai> ^^^ including the Shires of Werribee, Melton, Bulla,

Whittlesea, Eltham, Lilydale, Sherbrooke, Hastings and Hinders and those parts of the Shires of Healesville, Pakenham and Cranbourne bounded by and including the following: (d) In the case of Healesville—Smith Road, Myers Road,

Donellys Road, Weir Road, Maroondah Parade, Wallace Parade, Mt. Riddell Road and Don Road;

{b) In the case of Pakenham—Bailey Road, Ladd Road and Toomuc Creek to Cardinia Creek;

(c) In the case of Cranbourne—Ballarto Road and the east bank of Toomuc Creek, Deep Creek and Moody's Inlet—

and also includes any land (whether within the above-mentioned boundaries or not) which by Order of the Governor in Council under this Act is declared to be included in the Melbourne metropolitan area and excludes any area (previously included in the Melbourne metropolitan area) which by Order of the Governor in Council under this Act is declared to be excluded from the Melbourne metropolitan area.

Meiropoiiian "Metropolitan area" means the area described in the Second Schedule to the Town and Country Planning Act 1961,

Meiiopoittaii "Met ropo l i t an br idge" m e a n s a bridge declared o r d e e m e d to have been declared under this Act or any cor responding previous enac tmen t to be a metropol i tan bridge.

area.

bridge.

"Meifopoiitan "Met ropol i tan Transi t Author i ty" means the Metropol i tan IX'riiy" Transi t Authori ty established under Part II.

"Munic ipa l i ty" includes the city of Melbourne and the city of Geelong.

"owktr • "Officer" means a person for the t ime being employed in the Ministry of Transpor t or an Authori ty (whether or not that person is employed in the transport service).

•pernuneni " P e r m a n e n t improvemen t s " , in relation to a road, includes all imwovemeim. works of any dcscHption exclusive of maintenance which

are in the opinioa of the Road Construction Authority calculated to increase the utility, safety, capacity or amenities of the road or any part thereof.


"Permanent works", in relation to roads, includes new roads, deviations from and the widening of existing roads, ancillary works and permanent improvements to roads.

"Prescribed" means prescribed by this Act or the regulations. "Road" includes bridge, culvert, ferry and ford. "Road Construction Authority" means the Road Construction

Authority established under Part 11. "Road Traffic Authority" means the Road Traffic Authority

established under Part II. "State highway" means a road declared to be or deemed to be a

State highway under this Act or any corresponding previous enactment.

"State Transport Authority" means the State Transport Authority established under Part II.

"Stock route" means a route declared to be a stock route under this Act or proclaimed to be a stock route under any corresponding previous enactment.

"The Loop" means the rail tracks and ancillary works authorised to be constructed pursuant to the Melbourne Underground RaULoopAct 1970.

"Tourists* road" means a road declared to be a tourists* road -Togmuroad.-under this Act or proclaimed to be a tourists' road under any corresponding previous enactment.

"Transport service*' means the Viaorian Transport Service established under Part V.

"Pemunem worVj."

^'Prescribed/*

-Roai.'

"Road Construction Aulhorily.**

"Road Traffic Authority."

"Stale highway.'

"St»t« Transport AiiiKoriry."

•*Stoclt route.*

"The Loop."

"Tnnspon service,*'

"Treasurer*' means the Treasurer of Victoria. "West Gate Bridge" means the bridge constructed across the

River Yarra in the vicinity of Stony Creek and includes all roadworks, toll bars or gates and all permanent works and buildings constructed for the purposes of or ancillary to the construction, operation or use of the bridge and in particular any approach roads, traffic interchanges or other roadworks which connect the bridge to existing roads.

(2) Where a word or phrase is given a particular meaning in this Act, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings.

(3) Where a road is specified as part of the boundary of the Melbourne metropolitan area the whole of the carriageway shall be included within that area.

'Treaturer."

•*WeslGate Bridge,"

448 1983 Transport No. 992 i

PART II.—ADMINISTRATION

DIVISION 1—THEMINISTRYOFTRANSPORT

Miiustryof 3_ (]) Jhcrc shali continue to be a Ministry of Transport under a ranspon. Minister of Transport who shall be a responsible Minister of the Crown.

(2) The Ministry of Transport shall consist of— (a) the Minister of Transport; (b) the Director-General of Transport; (c) two Deputy Directors-General of Transport appointed by

the Governor in Council; (d) the Assistant Directors-General of Transport from time to

time appointed by the Governor in Council; and (e) the officers {if any) that are from time to time appointed.

(3) Officers appointed to the Ministry of Transport shall, where they are not determined to be officers in the transport service, be appointed subject to the Public Service Act 1974,

SSnsofihc ^' ^'^ ^^^ object of the Ministry of Transport is to improve the Ministry of efficiency and effectiveness of t ransport facilities and networks to meet Transport ^y^^ nccds of thc communi ty ,

(2) T h e functions of the Ministry of Transpor t a r e — (a) to develop, improve and co-ordinate the provision of

transport services;

(b) to formulate transport policies and performance targets; (c) to develop, co-ordinate, implement and monitor strategic

plans and resource budgets for the Ministry and the Authorities;

(d) to develop and implement co-ordinated personnel and industrial relations policies for the Authorities;

(e) to establish quantitative targets to be attained by the Authorities in the exercise of their functions;

{/) to develop, implement and monitor corporate financial management control techniques;

(g) to provide specialist property services for the development and sale of property of the Authorities;

(h) to provide project management services; (/) to carry out investigations and to promote and undertake

research into any matter related to the performance of its functions, powers or duties;

(j) to facilitate user, officer and public involvement in developing policies for the improvement, development and better co-ordination of transport;

(/c) to buy, sell, lease or hire vehicles or other equipment;

officers.


( / ) to lend or otherwise advance money to public or private bodies to assist those bodies to provide, improve or coordinate transport services;

(m) to assist public or private bodies to construct or improve transport facilities and to provide services ancillary to those facilities; and

(n) to do anything incidental or conducive to the performance of its object and functions.

(3) In performing its object and functions the Ministry of Transport shall have regard to any economic and financial guidelines and criteria established by the Treasurer for the purpose of pursuing efficiency and effectiveness in the use of public sector resources.

(4) Officers of the Ministry of Transport shall regularly consult with officers of the Department of Management and Budget in order to ensure that the object and functions of the Ministry of Transport are being performed in a way that is co-ordinated and consistent with similar activities in other sections of the public sector.

5. (I) The Director-General of Transport— Appointmemof {a) shall be appointed by the Governor in Council on the terms

and conditions specified in the instrument of his appointment;

{b) shall not in respect of his office be subject to the provisions of the Public Service Act 1974;

(c) subject to this Act shall be entitled to hold office for the term (not exceeding five years) for which he is appointed and shall be eligible for re-appointment;

(d) shall receive such salary and allowances as are determined by the Governor in Council; and

(e) shall not during his continuance in office directly or indirectly engage in paid employment outside the duties of his office without first obtaining the written approval of the Minister.

(2) A Deputy Director-General of Transport or Assistant Director-General of Transport—

(a) shall be apix)inted on the terms and conditions specified in the instrument of his appointment;

(b) shall not in respect of his office be subject to the provisions of the Public Service Act 1974;

(c) subject to this Act shall be entitled to hold office for the term {not exceeding five years) for which he, is appointed and shall be eligible for re-appointment;

(d) shall receive such salary and allowances as are determined by the Governor in Council; and

(e) shall not during his continuance in office directly or indirectly engage in paid employment outside the duties of

5BZ38/S3—15

450 1983 Transport No. 9921

Siupensvon (ram offices.

his office without first obtaining the written approval of the Minister.

6. (1) The Governor in Council may suspend the Director-General of Transport or a Deputy Director-General of Transport or Assistant Director-General of Transport from office but that person shall not be removed from office except as provided in this section.

(2) The Minister shall cause a full statement of the grounds of the suspension'of the pereon to be laid before the Legislative Council and the Legislative Assembly on or before the seventh day on which each of the Houses sits after the suspension.

(3) Any person so suspended shall be removed from office by the Governor in Council unless each House of Parliament, before the expiration of the seventh day of sitting after the day on which the statement is laid before it, declares by resolution that the person ought not to be removed from office, and if each House before the expiration of the said time so declares, the Governor in Council shall remove the suspension and restore the person to office.

(4) The office of the Director-General of Transport or a Deputy Director-General of Transport or Assistant Director-General of Transport shall become vacant—

(a) at the expiration of his term of office;

(b) if he dies;

(c) ifhe is incapable ofcontinuing in office;

(d) ifhe is removed from office under this section; or

{e) if he resigns in writing under his hand addressed to the Governor in Council.

(5) Where the Director-General of Transport or a Deputy Director-General of Transpyort or Assistant Director-General of Transport is unable to perform the duties of his office, whether by reason of illness or otherwise, the Governor in Council may appoint some person to act in his place during his absence and may remove any person so appointed.

(6) The person appointed to act in the place of the Director-General of Transport, Deputy Director-General of Transport or Assistant Ertrector-General of Transport (as the case may be) shall during the time for which he acts have all the powers and perform all the duties of that person.

MinuKr empowcmlto makctueof servicMof oAc«r>,&c.or puNtc service and ccmLii public

' auilMTiiies.

7. For the purposes of this Act the Minister of Transport with the consent of the Minister administering the E>epartment concerned or (as the case requires) of the body concerned may make use of the services of any officer or employee of the public service or a public authority subject to the agreement of that officer or employee.


DIVISION 2—THE VICTORJAN TRANSPORT DIRECTORATE AND THE VICTORIA TRANSPORT BORROWING AGENCY

8. (I) The Minister shall appoint a Victorian Transport Directorate TIK viciorun which shall consist of— D"^1^K.

(a) the Minister as Chairman; (6) the Director-General of Transport as Deputy Chairman; (c) the Deputy Directors-General of Transport; id) the Managing Director of each of the Authorities; {e) a person nominated by the Treasurer; and

( / ) such other persons as the Minister may appoint.

(2) The Minister may remove any person whom he has appointed to the Directorate.

(3) The Minister shall regulate the procedure of the Directorate. (4) The Minister shall determine the functions of the Directorate.

9. Where the Victorian Transport Directorate is so requested by AdviMwbe the Minister it shall provide advice on any of the following matters: Si^onlT

(a) Transport policy and resource allocation; {b) Performance targets, budgets and forward planning; (c) Monitoring operational and financial performance; {d) The co-ordination and evaluation of information from the

Authorities required for the Department of Man^ement and Budget and other Government Departments and bodies; and

(c) Such other matters as may be referred to it by the Minister,

10. The Minister shall for each member of the Victorian Transport Tcfmsand

Directorate detertnine- V^^Z^.^ {a) the remuneration (if any) and the travelling and other ^ ^ ^ , * '

allowances of the member (having regard to the rale of remuneration and allowances for the time being payable to members of statutory corporations); and

{b) all other terms and conditions of appointment of the member.

11. (1) There shall be a Viaoria Transport Bortowing Agency. E««biiiMMnior (2) The Agency shall be constituted by— Trt) 5Jrt*

(a) the Director-General of Transport, who shall be the Atency. Chairman;

{b) a Deputy Director-General of Transport, nominated by the Minister, who shall be the Deputy Chairman; and

(c) the Managing Director of each of the Authorities or his nominee.


E*ch Auihorily to pay certain 9un» lolhcAscnCY-

(3) The object of the Victoria Transport Borrowing Agency is to efficiently and effectively obtain and manage borrowings for transtwrt in accordance with Government policy.

(4) The functions of the Agency are— {a) to borrow money for transport purposes in Victoria whether

as principal or as j^ent for any Authority; {b) to lend any money borrowed by the Agency as principal to

the Authorities on such terms and conditions as the Agency determines from time to time;

(c) to assist the Authorities in the planning and management of their borrowings including the management of inscribed stock and bond registers;

id) to issue all bonds and to create and issue all inscribed stock issued or created and issued under this Act; and

(e) to do anything incidental or conducive to the performance of its object and functions.

(5) In performing its functions under this Act the Agency may negotiate, enter into and perform financial arrangements and other arrangements that in the opinion of the Agency are conducive to the carrying out of its functions under this Act.

(6) Part I. of Schedule 1 shall apply to the Agency.

12. Each Authority shall pay to the Agency such sums as the Agency from time to time determines are necessary to enable the Agency to pay interest and to repay any borrowings made by it for or on behalf of the Authority or any borrowings made by an Authority and to meet administrative and other costs associated with borrowings on behalf of the Authority or borrowings made by an Authority,

Stale Tianipon Authority-

DIVISIONS—ESTABLISHMENT OFTHE AUTHORITIES

13. (1) There shall be a State Transport Authority. (2) The members of the State Transport Authority shall be—

(a) the Director-General of Transport; and {b) nine other members appointed by the Governor in Council

of whom there shall be— (i) the Managing Director;

(ii) an officer of the Authority nominated by the Managing Director,

(iii) two persons elected by the officers of the Authority; (iv) a person having knowledge of and experience in the use

of country public transport passenger facilities; (v) a person having knowledge of and experience in the use

of public transport freight facilities; (vi) a person having knowledge of and experience in the

tourist industry; (vii) a person representing the Victorian Farmers and

Graziers Association; and


(viii) one other person.

(3) Part II. of Schedule 1 shall apply to the State Transport Authority.

14. (1) The State Transport Authority shall operate outside the otjecisand Melbourne metropolitan area and may, where the Minister so s"c!lKTran'' determines, operate inside the Melbourne metropolitan area. Auiiwriiy

(2) Notwithstanding sub-section (1), the State Transport Authority shall operate railway and ancillary services both inside and outside the Melbourne metropolitan area.

(3) The functions of the State Transport Authority are— {a) to provide, manage and operate transport services and

facilities for passengers and freight; {b) to arrange with the Metropolitan Transit Authority,

transport operators or other persons and bodies for the provision of transport services and facilities;

(c) to operate as employing authority for all officers engaged in the provision of railway and railway ancillary services in the State of Victoria;

{d) to control and maintain all railway and railway ancillary equipment and facilities in the State of Victoria;

{e) to co-ordinate transport services; ( / ) to develop new modes of transport; (g) to investigate and to promote and undertake research into

any matter related to the performance of its functions, powers or duties;

(A) to provide, manage and operate tourist and recreational facilities; and

(/) to compete for work on the open market.

(4) in the exercise of these functions the State Transport Authority shall have regard to the achievement of the following objects:

(a) to make use of available transport resources in ways which are most beneficial to the community;

{b) to operate within Government policy and other parameters determined by the Victorian Transport Directorate;

(c) to develop integrated freight handling systems and improve and develop standards of services for freight;

id) to effectively market integrated freight services and country passenger services and increase the use of these services;

(e) to improve standards of integrated accessible transport service and comfort for country passengers;

( / ) to improve and develop transport facilities; is) to improve productivity;


(h) to manage and operate ft-eight services at a profit so as to phase out freight subsidies and to provide funds for capital works;

(0 to establish, manage and operate without cross subsidisation through the Workshops Management Board, efficient reliable and technologically up to date workshops with a heavy engineering capacity and compete for work outside the Authority;

0) to achieve a rapid, reliable, efficient, courteous and effective level of service;

{k) to provide a competitive and efficient public freight and passenger transport alternative to private transport;

(t) to establish and maintain a satisfying work environment which ensures the broadest range of opportunities for career development and job enrichment;

(m) to achieve an efficient and dynamic organization by implementing appropriate technological and other changes

* through a process of consultation beginning at the contemplative stage;

(n) to delegate decision making to appropriate levels in the Authority;

(o) to maintain harmonious relations between management, staff and employee organizations through processes of effective consultation and participation in decision making;

(p) to develop and train all personnel to carry out their duties and responsibilities effectively and efficiently to interact with the public in a helpfyl and courteous manner and to enhance their workskills;

iq) to maintain a high level of motivation, performance, team work and safe working practices and develop a sense of commitmfent to the organisation with employment conditions in keeping with community standards;

(r) to facilitate accountability at all levels within the Authority by maintaining suitable information and reporting systems;

(s) to effectively manage its assets, including real estate, to protect future options and to provide for the planning, design, construction and manf^ement of new infrastructure and facilities as required;

(0 to minimize interference to the community arising from the construction and maintenance activities of the Authority;

(u) to identify the transport needs of disadvantaged groups, particularly the disabled and implement appropriate services within the level of fiinds specifically provided for this purpose by Government;


(v) to provide mechanisms and full information to enable effective and timely participation by the community in decision making about facilities and services; and

(w) to encourage and facilitate cycling as an access mode for public transport.

15, (1) There shall be a Metropolitan Transit Authority. MMrapoiiuii (2) ThemembersoftheMetropolitanTransit Authonty shall be— AuiISriiy.

(a) the Director-General of Transport; and

(b) eight other members appointed by the Governor in Council of whom there shall be—

(i) the Managing Director;

(ii) an officer of the Authority nominated by the Managing Director;

(iii) two persons elected by the officers of the Authority;

(iv) a person having knowledge of and experience in the use of public transport facilities;

(v) a person having knowledge of and experience in the operation of private buses; and

(vi) two other persons.

(3) Part II. of Schedule I shall apply to the Metropolitan Transit Authority.

16. (1) The Metropolitan Transit Authority shall operate inside o«»ect<ii«i the Melbourne metropolitan area and may where the Minister so tlJSiJISiun'* determines operate outside the Melbourne metropolitan area. I™""'

" . . . Auihomy,

(2) The functions of the Metropolitan Transit Authonty are— (a) to provide, manage and where in accordance with

government policy, to operate transport services and facilities for passengers andfreight;

(b) to arrange with the State Transport Authority, transport operators or other persons or bodies for the provision of transport services and facilities;

(c) to co-ordinate transport services;

(d) to develop integrated ticket systems;

(e) to develop new modes of transport;

( / ) to investigate and to promote and undertake research into any matter related to the performance of its functions, powers or duties;

(g) to provide, manage and operate tourist and recreational facilities; and

(A) to compete for work on the open market.


(3) In the exercise of these functions the Metropolitan Transit Authority shall have regard to the achievement of the following objects:

{a) to make use of available transport resources in ways which are most beneficial to the community;

{b) to operate within Government policy and other parameters determined by the Victorian Transport Directorate;

(c) to improve transit journey times by promoting and implementing schemes allocating traffic priority to on-street public transport services;

((/) to effectively market integrated suburbian passenger services and increase the use of these services;

{e) to improve standards of integrated accessible transport service and comfort for passengers;

( / ) to improve and develop transport facilities; (s) to improve productivity; (A) to encourage and facilitate cycling as an access mode for

public transport; (/) to achieve a rapid, reliable, efficient, courteous and effective

level of service; (/) to provide a competitive and efficient passenger transport

alternative to private transport; {k) to establish and maintain a satisfying work environment

which ensures the broadest range of opportunities for career development and job enrichment;

(/) to achieve an efficient and dynamic oi^nisation by implementing appropriate technological and other changes through a process of consultation beginning at the contemplative stage;

{m) to delegate decision making to appropriate levels in the Authority;

(n) to maintain harmonious relations t>etween management, staff and employee organisations through a process of effective consultation and participation in decision making;

(o) to develop and train all personnel to carry out their duties and responsibilities effectively and efficiently to interact with the public in a helpful and courteous manner and to enhance their workskills;

ip) to maintain a high level of motivation, performance, team work and safe working practices and develop a sense of commitment to the organisation with employment conditions in keeping with community standards;

{q) to facilitate accountability at all levels within the Authority by maintaining suitable information and reporting systems;

(r) to effectively manage its assets, including real estate, to


protect future options and to provide for the planning, design, construction and management of new infrastmaure and facilities as required;

is) to minimize interference to the community arising from the construction and maintenance activities of the Authority;

(/) to identify the transport needs of disadvantaged groups, particularly the disabled, and implement appropriate services within the level of funds specifically provided for this purpose by Government; and

(ti) to provide mechanisms and full information to enable effective and timely participation by the community in decision making about facilities and services.

17. (1) There shall be a Road Construction Authority. Ro»<i (2) The members of the Road Construction Authority shall be— Au?h iy'°"

(fl) the Director-General of Transport; and (6) nine other members appointed by the Governor in Council

of whom there shall be— (i) the Managing Director;


(iii) two persons elected by the officers of the Authority; (iv) a person having knowledge of and experience in

employment in the transport industry; (v) a person having knowledge of and experience in the use

of passenger cars; (vi) a person having knowledge of and experience in the

operation of road transport vehicles; (vii) a councillor of a municipality; and

(viii) one other person.

(3) Part II. of Schedule 1 shall apply to the Road Construction Authority.

18. (1) Thefunct ionsof the Road Construction Authority are— object>«iKi functions of the

(a) to maintain, ui^rade, vary and extend the State s declared Road road network; ^ rCJ**"

{b) in conjunction with municipalities, to assist in the maintenance, u(%rading and construction of other roads;

(c) subject to agreement with the Road Traffic Authority to purchase, design, construct, erect, install, maintain and operate traffic signals and other traffic facilities for the purposes of traffic management and control;

{d) to determine load limits and advisory speed limits for any road, bridge or culvert and to determine maximum speed


limits for travel on roads under construction or repair or over bridges or culverts;

{e) to provide and maintain roadside reserves adjacent to any road for the use or enjoyment of persons using any such road;

(/) to establish guidelines and requirements for the issue of vehicle mass and dimension permits;

(g) to compete on the open market for road construction and other projects; and

(/t) to investigate and to promote and undertake research into any matter related to the performance of its functions, powers or duties.

(2) In the exercise of these functions the Road Construction Authority shall have regard to the achievement of the following objects:

(a) to make use of available transport resources in ways which are most benehcial to the community and with due regard to the enhancement of the environment;

(b) to improve the State's principal road network to facilitate the efficient vehicular movement of persons and goods;

(c) to operate efficiently and effectively within Government policy and other parameters determined by the Victorian Transport Directorate;

(d) to improve productivity; (e) to establish and maintain a satisfying work environment

which ensures the broadest range of opportunities for career development and job enrichment;

(/) to achieve an efficient and dynamic organization by implementing appropriate technological and other changes through a process of consultation beginning at the contemplative stage;

ig) to maintain an effective decentralised organization and to delegate decision making to appropriate levels in the Authority;

(A) to maintain harmonious relations between man^ement staff and employee oi^nizations through processes of effective consultation and participation in decision making;

(0 to develop and train all personnel to carry out their duties and responsibilities effectively and efficiently to interact with the public in a helpftil and courteous manner and to enhance their workskills;

(/) to maintain a high level of motivation, performance, team work and safe working practices and develop a sense of


commitment to the organization with employment conditions in keeping with community standards;

(k) to facilitate accountability at all levels within the Authority by maintaining suitable information and reporting systems;

{/) to effectively manage its assets, including real estate, to protect future options and to provide for the planning, design, construction and management of new infrastucture and facilities as required;

(m) to minimize interference to the community arising from the construction and maintenance activities of the Authority;

(«) to provide mechanisms and full information to enable effective and timely participation by the community in decision making about roadworks.

RoadTralTk Auihohtyr 19. (1) There shall be a Road Traffic Authority.

(2) The members of the Road Traffic Authority shall be—

(a) the Director-General of Transport; and

(b) nine other members appointed by the Governor in Council of whom there shall be—

(i) the Managing Director;


(iii) one person elected by the officers of the Authority;

(iv) a person having knowledge of and experience in the use of passenger cars;

(v) a member of the Victoria Police Force;

(vi) a person having knowledge of and experience in the operation of road transpon vehicles;

(vii) a councillor of a municipality;

(viii) a person having knowledge of and experience in • employment in the transport industry; and

(ix) one other person,

(3) Part II. of Schedule 1 shall apply to the Road Traffic Authority.

20. (1) The functions of the Road Traffic Authority are: SSn''^f.he

(a) to provide registration and licensing procedures and systems Authority,

in connexion with transport;


(b) to develop and implement road safety strategies and develop promote and administer road safety education and training programs;

(c) to develop and implement traffic management strategies and practices;

{d) to specify road accident prevention practices and to promote the adoption of such practices within the community;

(e) to develop and supervise regulations applicable to road traffic;

( / ) to purchase, design, construct, erect, install, maintain and operate traffic signals;

(g) to investigate and to promote and undertake research into any matter related to the performance of its functions, powers and duties; and

(h) to compete for work on the open market.

(2) In addition to its powers, duties and functions under this Act, the Authority shall have such powers, duties and functions as are conferred on the Authority by the Motor Car Act 1958, the Motor BoatingAct \96l,ii\e Chattel Securities Act 1981 and any other Act.

(3) In the exercise of these functions the Road Traffic Authority shall have regard to the achievement of the following objects:

(a) to make use of available transport resources in ways which are most beneficial to the community;

(b) to operate efficiently and effectively within Government policy and other parameters determined by the Victorian Transport Directorate;

(c) to achieve the efficient and safe movement of road traffic; (d) to improve the community's awareness of road safety

strategies and practices; (e) to improve and simplify registration and licensing

procedures and systems; ( / ) to improve productivity;

(g) to establish and maintain a satisfying work environment which ensures the broadest range of opportunities for career development and job enrichment;

(/t) to achieve an efficient and dynamic ot^nisation by implementing appropriate technological and other changes through a process of consultation beginning at the contemplative stage;

(/) to maintain an effective decentralised organization and to delegate decision making to appropriate levels in the Authority;


(/) to maintain harmonious relations between management staff and employee organizations through processes of effective consultation and participation in decision making;

{k) to develop and train all personnel to carry out their duties and responsibilities effectively and efficiently to interact with the public in a helpful and courteous manner and to enhance their workskills;

(0 to maintain a high level of motivation, performance, teamwork and safe working practices and develop a sense of commitment to the organization with employment conditions in keeping with community standards;

(m) to facilitate accountability at all levels within the Authority by maintaining suitable information and reporting systems; and

(n) to provide mechanisms and full information to enable effective and timely participation by the community in decision making about facilities and services.

DIVISION 4—GENERAL PROVISIONS.

21. (1) Each Authority may from time to time employ such persons offic«5orthe as are necessary for the carrying out of the objects, functions, powers '*""'*<'"" and duties of the Authority.

(2) Persons employed by an Authority shall be employed on the terms and conditions determined by the Authority and approved by the Minister.

22. The Agency may, with the approval of the Minister and with suffindftdmio the consent of the Director-General of Transport or the relevant '"^'^• Authority (as the case requires) make use of the services of an officer of or the facilities of the Ministry of Transport or an Authority.

23. (1) Where a person ceases to hold a prescribed office and where RiiMton*nuT that person was, immediately prior to his appointment to that prescribed *""•""" office, an officer of an Authority appointed by the Authority or was engaged or employed in an eligible office he shall be eligible to be reappointed by the Authority to any office in the Authority with a classification salary other remuneration and leave entitlement corresponding with or higher than those which he last held in the Authority, as if his service in the prescribed office and, where applicable, his service in the eligible office had been service in the Authority and be classified accordingly and shall for the purposes of long service leave be deemed to have continued to have been an officer of the Authority for the period of his appointment in the prescribed office.

(2) For the purposes of sub-section (1) "eligible office" means an office or capacity occupied by the person upon the termination of which he would have been eli^ble on the recommendation of the Authority to be re-appointed to an office in the Authority.

24. (1) Where a person ceases to hold an office in a union or Ritmofunion association and where that person vras, immediately before his SSS '**""'

462 1^83 , Transport No. 9921

appointment to that office, an employee of an Authority or a former Authority, he shall be re-employed by the Authority which formerly employed him or by the relevant successor Authority of that Authority (as the case may be) in a position corresponding with or higher than that which he held in the Authority or the former Authority immediately before his appointment to the union or association as if the whole period of his service in the union or association had been service in the Authority or relevant successor Authority.

(2) For the purposes of this section "former Authority" and "relevant successor Authority" shall have the same meanings as in Division 1 of Part VIII.

Sfti.lL!! !'" 25- ( ) Where any person appointed to the position of Director-General of Transport, Deputy Director-General of Transport or Assistant Director-General of Transport or any person who holds a prescribed office ceases to hold that position or office and where that person was immediately before his appointment to the position or office an officer of the public service he shall be entitled (in all respects as if he were an officer of the public service) on the recommendation of the Public Service Board to be appointed to some office in the public service with a classification and emoluments corresponding with or higher than that which he held in the public service immediately prior to his appointment to the position of Director-General of Transport, Deputy Director-General of Transport or Assistant Director-General of Transport or the prescribed office and as if the whole period of his service in the public service and in the position or office had been a period of service in the public service.

(2) If any person at the time of his appointment as the Director-General of Transport or a Deputy Director-General of Transport or Assistant Director-General of Transport or to a prescribed office is an officer within the meaning of the Superannuation Act 19SS or any corresponding previous enactment he shall subject to that Act continue to be an officer within the meaning of that Act.

2<(. The Chairman of each Authority shall be appointed by the Governor in Council from the members of the Authority appointed by the Governor in Council.

J jn™"™^ 27. Each Authority and the Agency shall be a body corporate— A**"*- (a) having perpetual succession and a common seal;

{b) being capable in law of— (i) suing and being sued in the name of the Authority or

\ the Agency (as the case may be); (ii) purchasing, taking, holding, selling, leasing, taking on

lease, exchanging or disposing ojf real or personal property for the purposes of this Act; and

(iii) doing or suffering all other acts or things which a body corporate may by law do or suffer.

28. A person shall not be entitled to be elected as a member of an Authority by the officers in the Authority finless he is an officer for the

1983 Transport No. 9921 4^3

time being employed in carrying out duties for the Authority or a person performing duties for a union or associatior which represents the officers of that Authority.

29. Any member or oflFicer of an Authority or the Agency shall not Exemption of

be subject to any action, liability, claim or demand for any matter or 1^!^/""" thing done or contract entered into by the Authority or Agency if the matter or thing is done or contract is entered into in good faith for the purposes of carrying out a power or duty of the Authority or Agency under this Act.

30. The Managing Director of an Authority or the Chairman of the Manasemcnl of

Agency shall be responsible, as Managing Director of the Authority or 'f'**""""'"' Chairman of the Agency, for the management of the affairs of the Authority or Agency (as the case may be) in accordance with the directions given to him by the Authority or Agency (as the case may be).

31. (1) Each Authority and the Agency shall exercise the powers po««r or Minister and discharge the duties conferred or imposed on it by this or any other ""•"' •'•'«"<"''• Act subject to the general direction and control of the Minister and to any specific directions given by him in relation to a matter or class of matters specified in the directions.

(2) Where an Authority or the Agency has been given a direction by the Minister it may cause that direction to be published in the Government Gazette.

32. (!) The Minister may delegate to any person employed under Dekiatioik.

this Act any of his powers or duties under this Act other than— (a) this power of delegation; (b) his power to make determinations under sections 82 and

89; and (c) his power to give directions under section 31.

(2) An Authority may delegate to the Managing Director or an officer of the Authority either by name or by reference to the officer's office only (and where the reference is to the office only the holder for the time being of the office shall be the delegate) any power or duty of it under this Act or any other Act other than this power of delegation.

(3) The Agency may delegate to the Chairman or a person for the time being employed in carrying out duties for the Agency any of its powers or duties under this Act other than this power of delegation.

(4) The instrument of delegation shall specify the period of time during which the delegation of the power or duty may be exercised or, where the person or body giving the delegation has resolved that the delegation shall be exercisable for an unlimited period of time, the instrument shall so specify.

(5) The person or body giving the delegation may vary or revoke a delegation made by him or it.

(6) A power or duty delegated by a person or body shall be exercised or performed in accordance with the instrument of delegation and shall

4 ^ 2983 Transport No. 9921

be subject to the conditions and limitations specified in the instrument of delegation.

(7) The delegation of a power or duty by a person or body does not prevent the exercise of the power or the performance of the duty by the person or body giving the delegation.

(8) Any act or thing done in performance of a duty or the exercise of a power by the delegate under sub-seclion (1) has the same force and effect as if it had been done by the person or body giving the delegation.

(9) N o act of a delegate d o n e within the scope of a delegation u n d e r this section dur ing the period in which that delegation remains in force shall be invalidated by reason of a later revocation or variat ion of the delegation.

{10) Where a power o r duty which has been delegated requires that the delegator reach an opin ion belief o r decision in relation to any mat ter then the opinion behef or decision may be tha t of the person to whom the power or duty has been delegated.

swndine 3 3 . ( I ) The re shall be for each Authori ty a Standing C o m m i t t e e on ^ 7 ) ^ I ^ ° " consul ta t ion procedures responsible to the Authori ty for the mat ters procedurei set ou t in sub-scctiou (3).

(2) The Authority shall ensure that the determinations of the Standing Committee are implemented.

(3) The functions of each Standing Committee shall be— {a) to review all significant planning activities and changes

within the Authority in order to determine appropriate and effective consultation procedures; and

(b) to determine appropriate and effective consultation procedures between the Authority, officers of the Authority and other persons having a long term interest in the Authority.

(4) The Standing Committee shall be formed of— (a) five representatives of the management of the Authority,

appointed by the Authority; {b) one representative of each of the five unions or associations

with the largest number of members among the officers of the Authority, appointed by the Authority; and

(c) five representatives from those groups of persons who use the services or facilities provided by the Authority, appointed by the Minister,

(5) The representatives referred to in paragraph (c) of sub-section ( 4 ) -

{d) shall be appointed by the Minister after consultation with the representatives appointed under paragraphs {a) and (6) of sub-section (4); and

{b) shall hold office for a period of two years from the date of appointment.

1983 Transport No. 9921 ^g^

<6) The Authority shall on the nomination of the Standing Committee appoint a person to act as the Co-ordinator of the Standing Committee.

(7) The Co-ordinator shall— {a) be appointed for the term recommended by the Standing

Committee which shall not exceed four years; {b) be eligible for re-appointment for further terms; {c) be appointed on a full-time basis; (d) be entitled to be paid the remuneration and travelling and

other allowances hxed from time to time by the Minister; and

{e) in all other respects be an officer of the Authority subject to the other terms and conditions of employment applicable to an officer of the Authority.

DIVISIONS—OTHER BOARDS ANDCOMMITTEES.

34. (1) There shall be a Workshops Management Board. Workshops

(2) The Workshops Management Board shall be appointed by the " *'"*"" Minister and shall be constituted by—

(a) the Chairman of the State Transport Authority as Chairman; (b) the Workshops Chief Executive Officer; (c) an officer from amongst senior managers of the Workshops; {d) one representative from the State Transport Authority and

one representative from the Metropolitan Transit Authority; {e) two members elected from amongst persons employed in

the Workshops; ( / ) such other members (but not less than two) who the Minister

considers will contribute high level business skills to the Board.

(3) The Workshops Management Board may regulate its own procedure.

(4) The Workshops Management Board shall be responsible to the State Transport Authority for the administration and management of the railway workshop!! at Newport, Ballarat and Bendigo and the electrical workshops *'A" and " B " at Melbourne.

35. (1) There shall be a Road Safety Board. Rmd safety (2) The Road Safety Board shall report to the Road Traffic ^"^

Authority. (3) The members of the Road Safety Board shall be appointed by

the Minister on such terms and conditions as he sees fit. (4) The Road Safety Board may regulate its own procedure. 36. (1) The Minister may from time to time establish consultative Cciiifuiiativc

committees and regional advisory boards. ^^ 'Si« , ry


RemuMration «nd tcrmt and conditions of employnwnt

(2) The Minister shall give notice in the Government Gazette of the establishment of each consultative committee or regional advisory board.

(3) A consultative committee or regional advisory board may, in a like manner, be dissolved.

(4) The Minister shall determine the terms of reference of each consultative committee or regional advisory board and shall appoint the persons who are to constitute the committee or board.

(5) Each consultative committee and regional advisory board may regulate its own procedure.

37. The Minister shall for each member of the Workshops Management Board, the Road Safety Board, any consultative committee and any regional advisory board, determine—

(a) the remuneration (if any) and the travelling and other allowances of the member (having regard to the rate of remuneration and other allowances for the time being payable to members of statutory corporations); and

(b) all other terms and conditions of appointment of the member.

Powefsof Authori Lies and ttre Agency.

Pankular powcis of Authoniies.

Further particular pOwcfsofSTA andMTA,

Further particular powcraofRCA,

Acquisilion of land.

PART III.—POWERS OF THE AUTHORITIES AND THE AGENCY

38. (1) Each Authority and the Agency has power to do all things that are necessary or convenient to be done for or in connexion with, or as incidental to, the performance of its fiinctions and the achievement of its objects.

(2) The generality of sub-section (1) shall not be taken to be limited by any other provisions of this Act conferring a power on an Authority or the Agency. . 39. The powers of an Authority include the powers set out in

Schedule 2. 40. The powers of the State Transport Authority and the

Metropolitan Transit Authority include the powers set out in Schediile 3.

41. The powers of the Road Construction Authority include the powers set out in Schedule 4.

42. (1) An Authority may, with the approval of the Minister, purchase or compulsorily take any land which is or may be required by the Authority for or in connexion with the performance of its functions or the achievement of its objects.

(2) The Lands Compensation Act 1958 is hereby incorporated with this Act and, subject to and so far as is consistent with this Act, shall be construed as one therewith and shall take effect with regard to the acquisition of land by an Authority under this Act and for the purposes of this Act in the construction of the Lands Compensation Act 1958 unless inconsistent with the context or subject-riiatter—

(a) "Lands" includes strata above or below the surface of land and easements and rights to use land or strata above or


below the surface of land and the provisions of the Lands Compensation Act 1958 shall with any necessary modifications and adaptations apply accordingly and without limiting the generality of the foregoing any reference in that Act to the purchase taking appropriating or taking possession of lands by an Authority shall be deemed to include a reference to the acquisition (whether compulsory or by agreement) use or exercise by the Authority of an easement or right to use land whether such easement or right is acquired separately from or together with any land and the provisions of section 4 of that Act shall be deemed to authorize an Authority to enter upon the lands or grounds of any person either at the surface thereof or at any other level whether the Authority requires to purchase and take the surface thereof or some stratum thereof at some other level or an easement or other right over the surface thereof or some stratum thereof;

(b) "Minister of Public Works" or "Minister" means the-Authority;

(c) "Special Act" means this Act; and {d) In section 63 (I) of that Act—

(i) the expression "not being more than t SO metres distant from the works or undertaking, and not being a garden orchard or plantation attached or belonging to a house, nor a park planted walk avenue or ground ornamentally planted, and not being nearer to the mansion-house of the owner of any such lands than 450 metres therefrom," shall be deemed to be omitted;

(ii) for the expression "For the purpose of obtaining materials" there shall be deemed to be substituted the expression "For the purpose of carrying out investigations and searching for and obtaining materials"; and

(iii) after the expression "by the side of the works or undertaking," the following paragraph shall be deemed to be inserted:

"For the purposes of excavating the same in order to gain access to the works or undertaking or any part thereof".

(3) An Authority may, for the purpose of obtaining materials therefrom, enter upon any lands being a river, creek, water-course or Crown lands reserved under the Crown Land (Reserves) Act 1978 (being Crown lands reserved for the supply of sand, gravel, stone and other materials for the construction of public roads, buildings and other works) but so as not to damage any building, street, road, bridge or ford

467

468 1983 Transport No, 9921

or to divert or interrupt the course of any river or creek and so as not to search for, dig, raise, gather or take any such materials within 50 metres of any bridge, dam, jetty or other structure.

(4) Upon the service ofa notice pursuant to section 9 of the Lands Compensation Act 1958 an Authority shall be authorized to forthwith take and use all such land as is described in that notice.

(5) In full or in part settlement of any compensation which an Authority is liable to pay, the Authority—

(a) may transfer a building from land owned by a person entitled to the compensation to other land owned either by that person or by the Authority; or

{b) may transfer a building from land owned by the Authority to other land owned either by the Authority or by a person entitled to the compensation.

(6) Where by the exercise by an Authority of any of the powers contained in this section it is necessary to take any land from the owner thereof the Authority may require that owner to take any land adjoining that land which is owned by the Authority and is no longer required by the Authority and the value of that land shall be deducted from any sum to be paid by way of compensation to the owner of the land taken by the Authority and if that value cannot be agreed upon between the Authority and the owner it shall be settled in the same manner and at the same time as the compensation to be paid to that owner.

(7) AH private rights of way or easements over any land which is compulsorily acquired by an Authority pursuant to this Act shall on and from the date of that acquisition be extinguished.

(8) Where any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by an Authority that right shall be deemed for all purposes to be an easement notwithstanding thai there is no land vested in the Authority or its successors which is in fact benefited or capable of being benefited by that right.

(9) Where pursuant to or by virtue of this Act any private right of way or easement is extinguished or any easement is acquired by an Authority—

{a) the Registrar-General is authorized and directed to make all such entries upon the records of enrolment of any Crown grant or upon any memorial as are necessary or expedient in consequence of that extinguishment or acquisition; and

(i) the Registrar of Titles is authorized and directed to make all such entries upwn any Crown grant or certificate of title and duplicate Crown grant or duplicate certificate of title or other document as are necessary or expedient in consequence of that extinguishment or acquisition and the holder of any such duplicate Crown grant or duplicate certificate of title or other document shall produce the same to the Registrar of Titles for that purpose.


special aoquiution poiMRorMTA with Inspect ID itMLODIX.

43. (1) The Metropolitan Transit Authority may— (a) purchase or, with the approval of the Minister, compulsorily

acquire any land in the City of Melbourne shown hatched iri Schedule 3 to the Melbourne Underground Rail Loop Act 1970;

{b) purchase any land in the City of Melbourne shown hatched in Schedule 4 to the Melbourne Underground Rail Loop Act 1970 and, with the approval of the Minister, compulsorily acquire the right, title or interest in any street, lane or road set out on that land.

(2) Notwithstanding anything in this or any other Act, compensation shall not be payable by the Metropolitan Transit Authority in respect of any lands used by that Authority to complete the construction of the Loop under, over or upon any lands comprised in any public or private road, street or way or any public place or any lands vested in or controlled by any person or body corporate or unincorporate for public purposes.

44. In addition to any other provision of this Act relating to i>n>vi»o«; compensation payable by the Road Construction Authority the **«*''"»"> following provisions shall apply: payabkbyRoMi

(a) All bridges tunnels or other crossings made necessary by the Authonty.

construction of a freeway through private property shall be constructed by that Authority and if the owner or occupier of the property and that Authority do not ?gree upon the number, description and position of the bridges, tunnels or other crossings the matter shall be determined by a stipendiary magistrate or, on the application of either party, by a county court judge and the determination of such magistrate or judge shall be hna) and binding on all parties;

(b) In lieu of constructing, any^^uch bridges tunnels or other crossings the Road Construction Authority, after giving notice in writing to the owner or occupier of its intention, may— (i) in any case where alternative access to the lands

concerned is available or can be provided, pay compensation to the owner or occupier concerned for injurious affection of any land isolated or cut off by a freeway;

(ii) where alternative access is not so available or cannot be so provided, purchase any such land and dispose of it as land not required for the purposes of this Act—

but if the owner or occupier is a^eved by any intended action of the Road Construction Authority under this paragraph he may on giving notice to that Authority have it determined by a stipendiary magistrate or, on the application of either party, by a county court judge whether


Auilboritin may vit Crown Lands reserved uiHkr Crown Land (RwwWJjAcl 1978.

having regard to relative expense and other circumstances such intended action shall be given effect to or a bridge, tunnel or other crossing made and the determination of such magistrate or judge shall be final and binding on all parties;

(c) Any limitation impwsed by or under this Act on access to land which abutted on a highway immediately before the inclusion of such highway in a freeway shall be an injury for which compensation shall be payable by the Road Construction Authority.

45. (1) An Authority may, with the approval of the Minister administering the Land Act 1958 (in this section referred to as "the relevant Minister") given after consultation with any other Ministers concerned with the management or use of the land, use any Crown land for transport purposes.

(2) Where any Crown land proposed to be so used by an Authority is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use, the Authority shall not use the land unless and until the reservation is revoked in accordance with section 9 of that Act.

(3) An Authority shall make compensation, in respect of the use under this section by the Authority of any Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose inconsistent with that use, in such manner and to such extent as are agreed upon by the Authority and the relevant Minister.

(4) An agreement under sub-section (3) may provide for— (a) the payment by the Authority of a sum of money as agreed

upon by the Authority and the relevant Minister; (b) the undertaking of works or making of provision by the

Authority in place of any improvements on the land as agreed upon by the Authority and the relevant Minister, or

(c) both the payment of a sum of money in accordance with paragraph (a) and the undertaking of works or making of provision in accordance with paragraph (b).

(5) Where an agreement under sub-section (3) provides for the payment of a sum of money, that money shall, unless the relevant Minister otherwise directs, be paid to him.

(6) The relevant Minister may direct that money to be paid under an agreement under sub-section (3) shall be paid to—

(a) the trustees in whom or the municipality in which the land is vested;

(b) the committee of management appointed in respect of the land;

(c) the authority under whose control and management the land has been placed pursuant to section 18 of the Crown Land (Reserves) Act 1978; or

1983 Transport No, 9921 47^

id) such other person or persons as are agreed upon by the Authority and the relevant Minister—

and may further direct how the money shall be applied.

(7) Where any dispute arises as to the amount of any sum of money payable under this section, that dispute shall be determined by the Governor in Council.

46. Where any land vested in an Authority pursuant to this Act cramof was immediately prior to its use for transport purposes unalienated CTOwn""! land of the Crown whether set apart as a government road or not, the Governor in Council, subject to section 8 of the Crown Land {Reserves) Act 1978 or to section 349 of the Land Act 1958 (as the case requires) on the recommendation of the Minister administering the Land Act 1958 may grant that land to the Authority subject to such conditions, exceptions and reservations as the Governor in Council thinks fit.

47. (1) In this section surplus land means land which is vested in s«rpiusiai«i. an Authority but which is no longer required by the Authority for or in connexion with the performance of its functions.

(2) An Authority may with the approval of the Minister— (a) sell any surplus land; (/>) grant leases of any surplus land and may do so

notwithstanding that the land is land which was granted to the Authority or to any other person subject to a trust or condition requiring it to be used for sohie 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; or

{€) develop any surplus land and for this purpose may—

(i) subdivide and re-subdivide the land; (ii) consolidate the title to the land;

(iii) grant or create in favour of any person any easement over the land upon such terms and conditions as the Authority thinks fit;

(iv) effect or arrange with other persons for the development of the land upon such terms and conditions as the Authority thinks fit;

(v) maintain, operate and manage or 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—

(A) with the consent of the Treasurer, subscribe for or otherwise acquire and dispose of any unit or units in the Trust;


RCA as commiuce of manage m^l of certain Crown lands.

STA and MTA not common earner,

Auttionty empowered to ^ n 1 permission wiih re$pecito use of rolling, stock.

(B) enter into arrangements with the Trust for the management by the Authority of the Trust;

(C) enter into such contracts with the Trust as the Authority deems necessary to guarantee to unit holders in the Trust an agreed return;

(D) make such loans to the Trust on such terms as the Authority thinks ht.

(3) Any Property Trust promoted under this section shall provide that the trustees shall be appointed by the Minister,

(4) In this section "develop" means improve land for any commercial or civic or other public or private purpose and includes the construction, demolition or substantial alteration of any structure in or upon the land or the excavation of the land.

(5) Notwithstanding anything to the contrary in any Act, the provisions of the Sale of Land Act 1962 shall not apply to the sale by the State Transport Authority or the Metropolitan Transit Authority of any land upon under or over which there was constructed a railway.

(6) Upon the sale of any such land as is mentioned in sub-section (5) the liability (if any) of the State Transport Authority or the Metropolitan Transit Authority to—

(a) maintain a railway upon under or over that land; and (6) maintain any bridge bearing any road over that land or part

thereof or any crossing, culvert, drain or stream diversion appurtenant to that land—

shall absolutely cease and determine.

48. (1) Notwithstanding anything in any Act, the Road Construction Authority may be appointed to be a committee of management under the Crown Land (Reserves) Act 1978 of any areas of Crown land which are adjacent to any tourists' road and are reserved under section 4 of that Act and for the purposes of that Act the members of the Authority shall be deemed to be the members of the committee of management.

(2) Notwithstanding anything in any Act, the Road Construction Authority may out of its general fund expend mi. upon the improvement of such an area of Crown land as is rt red to in sub-section (1) and of which the Authority is appointed a committee of management including, without affecting the generality of the foregoing, the provision of sanitary facilities thereon.

49. Neither the State Transport Authority nor the Metropolitan Transit Authority is a common carrier.

50. (I) The State Transport Authority or the Metropolitan Transit Authority may permit—

(a) rolling-stock owned by or under the control of the Commonwealth or another State or a Territory of the


Commonwealth or any statutory body constituted under the law of the Commonwealth or another State or a Territory of the Commonwealth or, with the written approval of the Minister, rolling-stock owned by or under the control of any other person or body to be operated on any line of railway vested in that Authority by officers of the State Transport Authority; or

(b) rolling-stock owned by or under the control of that Authority to operate on any line of railway vested in any other person or body (including the Commonwealth or another State or a Territory of the Commonwealth or any statutory body constituted under the law of the Commonwealth or another State or a Territory of the Commonwealth)—

on such terms and conditions as may be agreed upon between that Authority and that other person or body.

(2) The law of Victoria shall apply with respect to the operation on any line of railway in Victoria of rolling-stock owned by any such person or body as is referred to in sub-section (1).

(3) Nothing in sub-section {1) shall affect any agreement with respect to the operation of rolling-stock in force immediately before the commencement of this Act.

51. (1) Subject to sub-section (2), the charges to be demanded by OUHR, the State Transport Authority or the Metropolitan Transit Authority in respect of the passenger services provided by it shall be as from time to time determined by the Authority.

(2) The Slate Transport Authority or the Metropolitan Transit Authority may not at any time increase the charges demanded by it in respect of a passenger service except with the concurrence of the Minister.

(3) The chai]ges to be demanded by the State Transport Authority or the Metropolitan Transit Authority in respect of the goods services provided by it shall be as from time to time determined by the Authority.

(4) In this section— (a) "charges" includes fares, tolls, commissions and demurrage;

and {b) "goods" includes merchandise and chattels of every

description and animals alive or dead. (5) If on demand any person fails to pay the charges due to an

Authority in respect of any passenger service provided by it, the Authority may sue for and recover the charges in any magistrates^ court as a civil debt recoverable summarily.

(6) If on demand any person fails to pay the charges due to an Authority in respect of any goods service provided by it, the Authority may—

(a) sue for and recover the charges in any magistrates' court as a civil debt recoverable summarily; or

473


(b) detain and sell— (i) the whole or any part of the goods; or

(ii) if those goods have been removed from the premises of the Authority detain and sell any other goods within those premises belonging to the person liable to pay those charges—

and in either case retain out of the money arising from the sale the charges due to the Authority and the expenses of the detention and sale and render the surplus (if any) of the money arising from the sale and any goods that remain unsold to the person entitled thereto.

paynwnisby ^2. (1) The Govemor in Couocil shall ttot latcr than 31 Octobcr in MMBWandciiy each financial year certify as to the estimated amount required to be ofMeiboume, p^jj ^^ ^^^ Metropolitan Transit Authority during that financial year

for the purposes of providing for loan redemption payments in respect of the Loop falling due in that year adjusting for any surplus or deficiency in the amount certified to by him in the previous year compared with the amount of loan redemption payments actually paid in that year.

(2) In this section "loan redemption payments" means— (a) repayments of principal money borrowed by or advanced

to the Metropolitan Transit Authority or the Melbourne Underground Rail Loop Authority constituted under the Melbourne Underground Rail Loop Act 1970 for the purposes of the Loop;

ib) payments of interest or other chaises in relation to any money so borrowed or advanced;

(c) payments of the administrative costs incurred by the Metropolitan Transit Authority in respect of any money so borrowed or advanced; and

(d) payments into sinking funds provided pursuant to this Act or the Melbourne Underground Rait Loop Act 1970—

otherwise than from any such sinking fund or from money borrowed by or advanced to the Metropolitan Transit Authority or the Melbourne Undei^ound Rail Loop Authority constituted under the Melbourne Underground Rail Loop Act 1970.

(3) Not later than 31 December in each financial year— (a) the Melbourne and Metropolitan Board of Works shall pay

to the Metropolitan Transit Authority out of the Metropolitan Improvement Fund an amount equal to 15 per centum of the amount certified to by the Governor in Council under sub-section (1); and

(b) the City of Melbourne shall pay to the Metropohtan Transit Authority out of the Town Fund or out of any other money lawfully available for that purpose an amount equal to 10


per centum of the amount certifiedto by the Governor in Council under sub-section (1),

(4) Notwithstanding anything in any Act the City of Melbourne may borrow on the security of the revenues of the municipality any amount necessary to make any payment that it is required to make under this section,

53. (1) The council of the City of Melbourne may in addition to provisioiwajw any other rates that it is authorized to make and levy under the Local Se"^^!'^"' Governmeni Act 1958 or any other Act make and levy a special underground railway rate to or towards meeting the amount of the obligation of the City of Melbourne to the Metropolitan Transit Authority under this Act.

(2) Any such rate shall be made and levied on rateable property within the City of Melbourne and shall be based on the same rateable value of that property as is assigned to the property for the purposes of any rate made and levied by the council under the Local Government Act 1958 or any other Act.

(3) The council may exempt any rateable property which is used principally for residential purposes from all or any pan of such rate.

(4) Subject to this section any such rates shall be charged on the land and levied and collected by the council as if it were a general rate made and levied by the council under the Local Government Act 1958 and the provisions of that Act shall extend and apply accordingly.

54. (1) Any person who proposes to develop any land along or in PMviswnsmo the immediate proximity of the Loop shall before commencing the ^JS^„u development and without in any way limiting his obligation under any Jjj^^''""•' other Act to obtain any other approval or consent submit to the Metropolitan Transit Authority full details of his proposed development and shall comply with any conditions imposed by that Authority which it thinks may be necessary for the protection of the Loop or the proposed development.

(2) If in the case of any development there is a breach of sub-section (1), the Metropolitan Transit Authority may by notice in writing to the owner of the land to which the breach relates require—

(a) the demolition of the whole or any part of any structure; (/>) the making of any additions or extensions to or alterations

of any structure; or (c) the carrying out of any other work upon above or below the

surface of the land which that Authority thinks may be necessary for the protection of the Loop or the development,

(3) A notice given pursuant to sub-section (2) shall specify a day (being, except in the case of an emergency, not less than 30 days after the day on which it is given) before which the notice is to be complied with.

(4) If any notice given pursuant to sub-section (2) is not complied with by the day so specified, the Metropolitan Transit Authority may


without any further notice enter upon the land and carry out the works required by the notice.

(5) The costs and expenses of carrying out any work pursuant to sub-section (4) shall be a civil debt recoverable summarily by the Metropolitan Transit Authority from the owner of the land in any court of competent jurisdiction.

(6) Nothing in this section shall limit any rights of the Metropohtan Transit Authority to have any development restrained in consequence of a breach of this section or otherwise.

(7) In this section "develop any land" means erect or demolish any structure in or upon the land, alter any such structure substantially or excavate the land.

Schedules. 55. (1) The provisions of Schedule 5 shall have effect with respect to roads.

(2) Nothing in Schedule 5 shall be construed as conferring a power on the State Transport Authority, the Metropolitan Transit Authority or the Road Traffic Authority.

56. (1) TheGovemor in Council may make regulations for or with respect t o ^

(a) generally regulating and controlling the carrying out of any works or undertaking by an Authority;

(b) regulating the conduct of pwrsons in or upon any vehicle or premises belonging to or under the control of an Authority;

(c) preventing interference with or damage to any property, works or undertaking belonging to or under the control of an Authority;

(d) prohibiting the discharge of sewerage or drainage onto any land or premises the property of an Authority;

(e) preventing trespassing upon any land or premises the property of an Authority;

(/) excluding or removing persons, animals or vehicles or specified classes of persons, animals or vehicles from any land or premises the property of an Authority;

(g) prescribing the persons or classes of persons permitted to leave vehicles standing upwn any parking area provided by an Authority and the periods for which and the conditions under which vehicles may be so left standing;

{h) regulating and controlling the placing by persons of refuse, rubbish or other materials on land or preinises the property of an Authority and the removal from such land or premises of refuse, rubbish or other materials;

(/) the filling up by an Authority of any excavation made by any person on land the property of the Authority;

0) the recovery by an Authority in a magistrates' court from the persons responsible of expenses incurred by the


Authority in removing refuse, rubbish or material placed on land or premises the property of the Authority or in filling up any excavation made by any person on land the property of the Authority in contravention of regulations made under this Part;

(fc) regulating and controlling noise and other emissions from land the property of an Authority and the manner of recording and measuring any noise or emission and the instruments to be used therefor;

(/) the conditions upon which passengers and goods shall be carried or other services provided and prohibiting the carriage or delivery for carriage of dangerous goods;

(m) the requirements to be observed and the precautions to be taken in connexion with the carriage or delivery for carriage of dangerous goods;

in) the requirements to be complied with by persons with respect to tickets;

(o) preventing the counterfeiting of tickets; (p) regulating the disposal of unclaimed goods and the passing

of title therein; (4) regulating the manner of crossing any line of railway on the

level and prescribing the charges to be demanded in respect of any such crossing; and

(r) generally prescribing any matter or thing that by this Part is authorized or required or permitted to be prescribed or that is necessary to be prescribed for carrying out or giving effect to this Part or giving effect to the powers conferred on an Authority by this Part.

(2) The Governor in Council may make regulations for or with respect to—

(a) regulating or prohibiting the digging up of any road; (b) prohibiting the driving, drawing or carrying over any road

of a greater mass than that fixed by the Road Construction Authority;

(c) preventing interference with or damage to the soil, pavement flags, sods or other materials of any road or any fence on any road or any scrapings of any road or sand on any road;

(d) prohibiting the discharge onto any road of sewerage or drainage;

(e) preventing interference with or damage to any guide-post, bridge hand-rail, sign, notice, light or other fixture or equipment situated or placed upon any road;

(/) regulating or prohibiting the making of any building, hedge,

477


ditch, fence, hole, heap, drain or obstruction on, across or in any road;

{g) keeping any road clear from all seedhngs, suckers and other off-sets from any hedge or live fence and preventing any branch thereof from overhanging the road;

ih) regulating or prohibiting the erection and construction of hoardings on or in the vicinity of declared roads or regulating, restricting, preventing or controlling the exhibition of advertisements on or in the vicinity of declared roads;

{i) requiring the droving of live stock along stock routes and prohibiting or regulating the droving of live stock along roads or the carriageway of roads in cases where roads or sections thereof in the vicinity of those roads or where parts of those roads have been proclaimed to be stock routes;

{j) prohibiting or regulating excavating and blasting operations in the vicinity of any road;

{k) prohibiting or regulating the removal of grass growing on any road or the seed of such grass;

(/) preventing the cutting, breaking, barking, rooting up or otherwise destroying, damaging or removing of the whole or any part of any tree, sapling, shrub, underwood or timber in or upon any road without the written permission of the Road Construction Authority;

{m) conferring upon the Road Construction Authority with respect to roads any right, power, protection, privilege or obligation relating to the construction, improvement or maintenance of roads conferred upon the council of a municipality by any Act relating to local government;

(«) impounding cattle which are on any part of any State highway, main road, freeway, tourists' road or metropolitan bridge;

(o) preventing a municipal council from causing to be sealed any plan of subdivision of land abutting on a freeway or a proposed freeway except with the consent in writing of the Road Construction Authority or, in any case where the Road Construction Authority has failed or refused so to consent, of the Governor in Council;

ip) the manner of entering, crossing or leaving any freeway; {q) prohibiting or regulating the taking or entering or being

upon any freeway of any animal; (/•) the removal of dead animals or of vehicles abandoned or

left standing on any land or premises the property of an Authority or on any part of a declared road or any other road maintained by the Road Construction Authority and


the recovery of the cost of their removal and regulating the storage and disposal of such vehicles andthe passing of title therein;

{s) permitting or prohibiting the use of freeways or any freeway or any class of freeways by traffic or any class of traffic;

(0 prohibitingorregulatingtheparkingofvehicleson freeways or any freeway or any class of freeways;

(M) generally providing for the control, management and proper use of freeways;

(v) preventing any vehicle from crossing the West Gate Bridge unless the prescribed toll is paid in respect of that vehicle and prescribing the amounts payable as tolls and charges in respect of all traffic or any class or classes of traffic across the West Gate Bridge and the method or methods of collection of those tolls or charges;

(tv) the regulation or prohibition of traffic or any class of traffic in or upon the West Gate Bridge or on any particular section thereof;

(x) the prevention and removal of obstructions in or upon the West Gate Bridge and the recovery of the cost of their removal;

(y) prohibiting climbing or loitering in or upon the West Gate Bridge; and

(z) regulating the use of roadside reserves and requiring such charges as are approved by the Minister to be ijaid by persons using roadside reserves or facilities on roadside reserves.

(3) Regulations made under this Part— (a) may be of general or of specially limited application; {b) may differ according to differences in time, place or

circumstance; (c) may leave any matter or thing to be from time to time

determined, applied, dispensed with or regulated by any Authority, government department, municipal council or other public authority or by any officer thereof;

{d) may confer powers or impose duties in connexion with the regulations on any Authority, government department, municipal council, responsible authority under the Town and Country Planning Act 1961 or other public authority or on any officer thereof or on the owner or occupier of any land, building or premises or on any other person whomsoever;

{€) may apply, adopt or incorporate, with or without modification, the provisions of any Act or of any r^ulations


made under any Act, as in force at a particular time or as in force from time to time;

(/) may appoint fees which may be charged and received by any Authority for any permit which may be granted under the regulations by the Authority;

(g) may provide that an appeal against a decision of an Authority or an oflficer of an Authority be made to the Planning Appeals Board established under the Planning Appeals Board Acl 1980 and make provision with respect to the hearing and determination of such appeals; and

(A) may impose a penalty not exceeding 8 penalty units for any contravention of or failure to comply with the regulations.

(4) A reference in sub-section (2)— {a) to a road includes a road under construction; and {b) to land the property of an Authority includes land taken or

used by the Road Construction Authority on which a highway is proposed to be or is being constructed.

(5) Notwithstanding the provisions of sub-section (3) {,h\ regulations made under paragraph (/) or (m) of sub-section (1) may impose a penalty not exceeding 20 penalty units for any contravention of or failure to comply with the regulations.

InKrprtlation.

MinLflcrtoKt quantitative urgets.

PART IV.—FINANCIAL

DIVISION 1—BUDGETSANDACCOUNTS

57. In this Division, unless the context otherwise requires, Authority includes the Agency.

58. (1) The Minister shall after consultation with each Authority make a written determination of the quantitative targets to be attained by each Authority in a financial year.

(2) The Minister shall cause a copy of every determination of quantitative targets made by him under sub-section (1) to be served on the relevant Authority as soon as practicable after it is made.

(3) The Minister may at any time amend a determination of quantitative targets made by him under sub-section (1) and shall cause a copy of every such amendment to be served on the relevant Authority.

(4) Any reference in this Act to quantitative targets determined by the Minister under sub-section (1) shall be construed as a reference to those quantitative targets as amended from time to time by the Minister under sub-section (3).

(5) Each Authority shall so far as is practicable in each financial year attain the quantitative targets determined by the Minister under sub-section (1) in relation to that financial year.

(6) A copy of every determination of quantitative targets made by the Minister under sub-section (1) and a copy of every amendment of


such a determination made by the Minister under sub-section (3) shall be laid before both Houses of Parliament as soon as may be after it has been served on the relevant Authority.

59. To assist the Authorities in the preparation of their budgets for Treasurer 10

the next financial year the Treasurer shall as soon as practicable after I ^^^^"r^"" May supply to the Minister information as to any guidelines, targets «uiiJeiin«s,<Mc. and parameters to be taken into account in such preparation and the Minister shall inform the Authorities accordingly.

60. (1) Before such date as may be fixed by the Minister each Aulhohliesto

Authority shall submit to the Minister an operating budget and a capital '"^" '""*"' works budget for the relevant financial year.

(2) Each budget shall be in such form and contain such matter as is required by the Minister after consultation vi'ith the Treasurer.

(3) The Minister shall consider the budgets submitted by each Authority and shall as soon as practicable advise the Authorities as to whether he approves the budgets or approves the budgets as amended by him.

(4) Each Authority shall operate within the budgets as approved by the Minister for the Authority for the relevant financial year.

(5) Where, during the course of a financial year, a change has occurred in the budgetary situation of an Authority which, in the view of the Authority or of the Minister is judged to be a significant change, or where the Minister deems it necessary, the Authority shall submit to the Minister on its own initiative or at the Minister's direction, a revised budget for the remainder of the year and the Minister shall consider that revised budget and shall, as soon as practicable, advise the Authority as to whether he approves the revised budget or approves a revised budget as amended by him.

(6) Each Authority shall operate within the revised budget, if any, from the date that the revised budget is approved by the Minister for the remainder of the financial year.

(7) Each Authority shall provide to the Minister in such form and containing such matter and within such time or times as the Minister directs such information as the Minister may request from time to time relating to the budgetary position, finances, cash position, manpower position or other factors relevant to the Authority's operations or capital works programme for the year or for any ensuing year or years.

61. Before the Minister approves any budget or revised budget Miniu«to pursuant to section 60 he shall— 'hc"rS" '°

(a) submit the budgets he proposes to approve for all the Authorities for the whole financial year to the Treasurer for the Treasurer's consideration and approval; and

(b) submit to the Treasurer any proposed revised budget for a portion of a financial year for the Treasurer's consideration and approval together with an estimate of the result of the budgets for those Authorities for whom a revised budget is not proposed.

59238/83-18


Fundi i>g of deficit.

Revised tnidgeis.

tniehm budgets.

AuihoritiMio provide budgetary information.

General funds.

62. Where, pursuant to section 61, the Treasurer has approved the budgets for all Authonties for the whole financial year as submitted or with any amendments agreed to by the Minister and the Treasurer, and all or any of those budgets include a deficit the Treasurer and the Minister shall consider how that deficit shall be funded.

63. Where, during the course of a year, the Minister has submitted to the Treasurer a propwsed revised budget for an Authority or Authorities for the remainder of the year the Minister and the Treasurer shall consider that revised budget and any consequent changes that may be necessary to the budgets of other Authorities and to the method of funding any changes in deficits in the budgets of Authorities which result from those agreements.

64. (1) If at the commencement of a financial year the budget for an Authority has not been approved pursuant to section 61 that Authority shall operate within an interim budget agreed to by the Minister and the Treasurer and any deficit included in that interim budget may be funded in whole or in part by any appropriation available for the purpose.

(2) An interim budget shall lapse when a final budget is approved for the Authority pursuant to section 61.

65. Where the Treasurer, through the Minister, requests any information relating to the budgets or budgetary or financial position of an Authority the Authority shall as soon as possible provide that information as far as is practicable.

66. (1) Each Authority shall establish a general fund. (2) Each Authority shall with the approval of the Treasurer open

and maintain accounts with the State Bank of Victoria or any other bank or banks and shall maintain at all times at least one such account to be used for the purposes of its general fund.

(3) Subject to sub-section (4), each Authority shall pay into its general fund—

(a) all money appropriated by Parliament for the purposes of the Authority;

(b) all money paid to the Authority out of the Works and Services Account; and

(c) all trading revenue, interest and other money received by or paid to the Authority.

(4) Except where the Treasurer otherwise approves, each Authority shall pay into the Works and Services Account—

(a) all money borrowed by the Authority under this Act;

{b) all money resulting from the disposal by the Authority of any real or personal property {whether or not under an arrangement by which the Authority is to take a lease of the property so disposed oO; and

Audit «nd tnnutl


{c) the proceeds of any advances or financial accommodation obtained by the Authority pursuant to section 76—

unless such money or proceeds are to be used for the operating or trading activity of the Authority.

(5) All payments made by an Authority shall be made out of its general fund.

(6) An Authority may invest money in its general fund in such manner as the Treasurer from time to time approves.

67. (1) Each Authority shall cause to be kept proper accounts and records of the transactions and affairs of the Authority and such other nvon records as will sufficiently explain the financial position of the Authority and shall do all things necessary to ensure that all payments made by the Authority are correctly made and property authorized and that adequate control is maintained over the assets of, or in the custody of, the Authority and over the incurring of liabilities by the Authority.

(2) Each Authority shall at the end of each financial year cause to be prepared a statement of accounts in the manner and in the form approved by the Treasurer.

(3) The statement of accounts in respect of a financial year shall— (a) contain such matters as the Treasurer determines; {,b) give a true and fair view of the financial transactions of the

Authority during the year; (c) state whether the Authority is at the date of the statement

aware of any circumstances that would render any particulars included in the statement misleading or inaccurate; and

{d) be signed by the Managing Director (or, in the case of the Agency, the Chairman of the Agency) and the principal accounting officer (by whatever name called) of the Authority.

(4) The statement of accounts shall be audited by the Auditor-General who shall have in respect of the accounts and records of each Authority all the jpowers conferred on him by any law now or hereafter in force relating to the audit of the public accounts.

(5) Each Authority shall as soon as practicable after the end of each financial year and liot later than the following 30 September submit to the Minister a report of its operations during the financial year together with the audited statement of accounts.

(6) The Minister shall cause the reports and the audited statements of accounts submitted to him under this section to be laid before the Legislative Council and the Legislative Assembly before the expiration of the fourteenth sitting day of the Council or the Assembly (as the case may be) after the reports and accounts have been received by him.

(7) An Authority shall include in its annual report submitted to the Minister under sub-section (5)—•

{a) a statement of the objects of the Authority and an indication


of the extent to which those objects were achieved by the Authority in the financial year to which ihe report relates;

(b) a statement of the quantitative tai^ets determined by the Minister under section 58 in relation to that financial year; and

(c) a statement as to the extent to which those quantitative targets were attained by the Authority in that financial year.

(8) Each Authority shall pay each year to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of the audit under this section.

(9) The financial year of each Authority shall be the year ending on 30 June.

Power to Auihoriiy 10 borrow mon^-

Bonds and nock.

DIVISION 2—BORROWING POWERS

68, Each Authority and the Agency may within such limits as are from time to time fixed by the Treasurer on the recommendation of the Minister from time to time borrow or re-borrow such money as it deems necessary for the purposes of this Act.

69. (1) Any sums which the Authorities or the Agency are under this Act authorized to borrow may be raised as one loan or as several loans.

(2) Except as is otherwise expressly provided every loan raised by an Authority or the Agency under this Act shall be raised—

(a) by the issue of bonds to be called "Victoria Transport Bonds" payable to bearer with interest coupons attached (in this Act referred to as "bonds");

{b) by the creation and issue of inscribed stock to be called "Victoria Transport Inscribed Stock" (in this Act referred to as "stock"); or

(c) partly in one way and partly in the other. (3) All such bonds and stock respectively—

(a) shall be issued or created and issued by the Agency; (b) shall with interest thereon be charged and secured upon the

revenues of the relevant Authority; (c) shall bear interest at such rate and be redeemable at such

date or dates and at such place or places in or outside the Commonwealth as the Authority or the Agency as the case requires with the consent of the Treasurer and the sanction of the Governor in Council determines;

(d) may with the consent of the holder or the registered owner thereof respectively be paid off at any time previous to the due date thereof at not more than the par face value thereof or (with the consent of the Treasurer) at a pi^mium, with interest thereon to date of payment only; and


{e) shall be in :.ach form and subject to such other terms and conditions as the Agency with the consent of the Treasurer and the sanction of the Governor in Council determines.

(4) Interest secured by any such bonds or stock shall accrue at such intervals and shall be payable at such times and places in or outside the Commonwealth as the Agency, with the consent of the Treasurer, determines.

(5) The Agency at the request of the holder of any bond or of the registered owner of any stock issued under this Act may in lieu thereof issue to him stock or bonds (as the case may be) in respect of the same loan and of the same amount bearing the same interest and of the same currency.

(6) The due repayment of the principal sums and the payment of all interest secured by any bonds or stock issued under this Act is hereby guaranteed by the Government of Victoria.

(7) Any sums required by the Treasurer for fulfilling any guarantee given by this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the Treasurer from an Authority or the Agency or otherwise in respect of any sum so paid by the Treasurer shall be paid into the Consolidated Fund.

70. In any case where under this Act an Authority or the Agency Raisingioansin borrows or re-borrows any sums of money by way of loan to be raised at any place outside the Commonwealth the following provisions shall have effect:

(a) The Authority or the Agency may enter into arrangements for the raising of any such loan at any place outside the Commonwealth or for any matter in connexion therewith;

(b) Without affecting the generality of the foregoing provisions of this section, any such arrangement may provide for all or any of the following matters: (i) The creation, inscription and issue at any place outside

the Commonwealth, of stock; (ii) Regulating transfers and transmissions of such stock;

(iii) Paying interest on such stock; (iv) Issuing stock certificates and as often as occasion

requires re-inscribing stock and re-issuing such certificates;

(v) The opening and keeping at any place outside the Commonwealth of stock ledgers and transfer books for the purposes of this section;

(vi) Providing for the payment of brokerage and other expenses; and

{vii) Generally conducting all business connected with such stock or the raising of the sums of money aforesaid;

(c) An Authority may from time to time under its common

places outside the Commonwealth,


Power to invest in MCUlitics.

NMiceofinmin fetition ID Iwadi orjioclinoi nccivable.

Ownenof iecuritin not respc<n$ib)e (or ip^icttiooof money.

Sinking Fund

seal appoint the Agency or any of its £^ents who carry on business in any place or places outside the Commonwealth or both in the Commonwealth and at any place or places outside the Commonwealth to be registrar and deputy-registrar respectively for the issuing and recording of the issue of such stock and transfers and transmissions thereof and for doing such other acts matters or things as may be necessary to give effect to any arrangements under this section;

(d) The provisions of this section shall be read and construed as in aid of and not in derogation firom the other provisions of this Act with respect to borrowing powers of Authorities and the Agency.

71. (1) Any trustee unless expressly forbidden by the instrument (if any) creating the trust may invest any trust funds in his hands in any bonds or stock issued under this Act.

(2) Such bonds and stock shall be a lawful investment for any money which any company or body corporate incorporated by any Act of the Parliament of Victoria is authorized or directed to invest in addition to any other investments expressly authorized for the investment of such money.

(3) Any trustee or company or body corporate referred to in subsection (1) or (2) may pursuant to this Act convert any such bonds in his or its tiands into such stock.

72. (1) No notice of any trust express implied or constructive shall be received by an Authority or the Agency or by any officer of the same in relation to any bond issued under this Act and an Authority or the Agency or any such officer shall not be bound to see to the execution of any such trust to which any such bond may be subject.

(2) No notice of any trust express implied or constructive shall be received by the registrar or an Authority or the Agency in relation to any stock or entered in any stock ledger or other book kept by the registrar and the registrar, an Authority and the Agency shall not be bound to see to the execution of any trust to which any part of that stock may be subject.

73. A person advancing money to an Authority or the Agency and receiving in consideration of that advance any bond or stock issued under this Act shall not be bound to inquire into the application of the money advanced or be in any way responsible for the non-application or misapplication thereof.

74. (1) An Authority or the Agency may provide a sinking fund in respea of any loan raised by it or on its behalf, at such rate and for such period as the Treasurer approves.

(2) Whenever it is necessary to have resort to a sinking fund for the purpose of paying off any loan in respect of which the fund was established, the Authority or the Agency may sell any securities in


which the fund is invested or obtain an advance thereon from any bank or banks in Victoria or elsewhere.

(3) A sinking fund shall be invested in such manner as the Treasurer from time to time approves.

75.The Governor in Council may make regulations generally for or Rtguiaii™5wiih with respect to bonds and stock issued under this Act, including dl k*™"*' prescribing—

(a) the form of bonds; (b) the rights ofthe bearer of a bond; (c) the manner of keeping registers of bonds; (d) the fees to be paid for an inspection of a register of bonds or

the obtaining of a copy of or extract from a register of bonds; (e) the issue of duplicate bonds;

{/) the issue of new bonds in lieu of defaced bonds; (g) the destruction of discharged bonds; (h) the establishment of a registry or registries for the inscription

of stock; (0 the appointment of registrars and deputy-registrars of stock; if) the sale of stock; (k) the keeping of stock ledgers; (/) the transfer of stock;

(m) the circumstances in which a judge of the Supreme Court may prohibit the transfer of stock; and

(n) any matter or thing that is necessary to be prescribed for carrying the provisions of this Part relating to bonds and stock into effect.

76. (1) For the financial accommodation of an Authority or the Fiiuncui Agency, the Authority or the Agency may obtain advances or financial «™"'"<*"'<"' accommodation from any person whether in Victoria or elsewhere of such amount and secured or arranged in such manner as is approved by the Treasurer on the recommendation ofthe Minister in each case.

(2) In addition to the powers conferred on the Authority by this Act to borrow and re-borrow money and to obtain advances or atccommodation an Authority may with the approval ofthe Treasurer and the Minister dispose of any real or personal property under an arrangement by which the Authority is to take a lease ofthe property so disp>osed of

(3) The due repayment or satisfaction ofany advances or financial accommodation obtained under this section and the due repayment of any interest or other chaises payable in relation thereto is hereby guaranteed by the Government of Victoria.

(4) Any sums required by the Treasurer for fulfilling any guarantee given by this section shall be paid out ofthe Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any


Pttwtjgf Treasurer to exccule guareniec.

Making UAx ta'ay in books, !x

AuUionly 10 provide inicffest And rcpaymeni inslaliDenls on loan money.

sums received or recovered by the Treasurer from the Authority or the Agency or otherwise in respect of any sum so paid by the Treasurer shall be paid into the Consolidated Fund.

77. (1) The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance of any obligations of an Authority or the Agency under a contract to be entered into by the Authority or the Agency with that person pursuant to this Act,

(2) Any sums required by the Treasurer for fulfilling any guarantee given by him under this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the Treasurer from the Authority or the Agency or otherwise in respect of any sums so paid by the Treasurer shall be paid into the Consolidated Fund.

(3) Where the rights and liabilities arising under a contract entered into by an Authority or the Agency 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 him under this section in respect of that contract.

78. (1) A person shall not wilfully and with intent to defraud— {a) make a false entry in or altera word or figure in a book kept

by an Authority or the Agency in which are entered the accounts of the owners of any stock issued under this Act;

{b) in any manner falsify the accounts of an owner of any stock issued under this Act in such a book; or

(c) make a transfer of a share or interest of or in stock issued under this Act in the name of any person not being the true and lawful owner of such share or interest.

Penalty: Imprisonment for fifteen years. (2) An officer or servant of or a person employed or entrusted by

the Authority or the Agency shall not knowingly and with intent to defraud make out or deliver any interest cheque or warrant for payment of any interest or money payable in respect of any stock issued under this Act for a greater or lesser amount than the amount to which the person on whose behalf the cheque or warrant is made out is entitled.

Penalty: Imprisonment for seven years. (3) A person shall not forge or alter or offer utter or dispose of or

put off knowing it to be forged or altered any bond made out and issued or purporting to be made out and issued under this Act.

Penalty: Imprisonment for ten years. (4) The provisions of this section shall be read and construed as in

aid of and not in derogation from the provisions of the Crimes Act 1958 or of any other Act or any other law with respect to offences relating to stock or bonds.

79. An Authority and the Agency shall pay to the Treasurer such sums as the Treasurer may determine from time to time in respect of the payment of interest and the repayment of any amount made


available by way of loan from the Works and Services Account or the Consolidated Fund as provided under this Part.

80. In addition to the power conferred upon the Agency under this Power to give

Part to issue bonds or stock or to secure borrowings by an Authority or ^ ^ ^ ^ the Agency, the Autlionty and the Agency may secure any borrowing by the Authority or the Agency in such other inanner as may be approved by the Treasurer.

81. (1) The Minister may from time to time after causing such Tran5ferofas$«$ investigations to be made as he thinks fit and after consulting with the ^ ' 'llhilrif o Authorities concerned by Order under his hand published in the anwher. Government Gazette transfer such assets or liabilities as are specified in the Order from an Authority to another Authority.

(2) Any land or other assets transferred by Order under sub-section (1) shall without any further authority upon publication of the Order in the Government Gazette vest in the Authority to which it is transferred and the Registrar of Titles and any other person responsible for the maintenance of any register or other records shall do all such things as are necessary to effect the transfer.

(3) Where any liabilities are transferred from an Authority to another Authority all such entries as are necessary to give effect to that transfer shall be made in the books of the relevant Authorities as the case requires.

(4) Notwithstanding anything to the contrary in any other Act or law, no duty of any kind is chargeable or payable on any instrument, certificate or document or in respect of any act or transaction executed, done, suffered or entered into pursuant to this section.

(5) A copy of every Order made under sub-section (1) shall be laid before both Houses of Parliament as soon as practicable after it is made.

(6) An Order made under sub-section (1) shall be subject to disallowance by Parliament and the provisions of section 6 of the Subordinate Legislation Act 1962 shall apply as if the Order were a statutory rule within the meaning of that Act.

(7) Where an Order made under sub-section (1) is disallowed by Parliament the Minister shall do all such things as are necessary to give effect to the disallowance.

PART V.—THE VICTORIAN TRANSPORT SERVICE

82. (1) There shall be a Victorian Transport Service. Vktorian

(2) The transport service shall consist of those persons employed in ^ 1 ^ * ^ the Ministry of Transport or an Authority whom the Minister determines shall form part of the transport service.

(3) A determination of the Minister under sub-section (2)— (a) may be made in respect of a class of persons; and (b) shall be made only after consultation with the union or

association to which the person or class of persons, in respect of whom the determination is being made, belongs.


(4) Where the Minister has made a determination under sub-section (2), the person or class of persons, in respect of whom the determination is made, shall be transferred to and form part of the transport service,

(5) A person who is transferred to the transport service under subsection (4) shall be appointed to an office in that service corresponding with that held by him immediately before his transfer and on terms and conditions no less favourable than the terms and conditions of his former office and with the benefit of all rights accrued in respect of his former office.

Determinations with respect to salaho. wages andtheieitnsaiul condiiiofls of emptoymeiit.

83. (1) The Minister shall determine— (a) the salaries, wages and other remuneration of officers; (b) the classification of offices including the alteration of a

classification; (c) the hours of duty, the nature of duties and times of

attendance of officers; {d) entitlement to leave of absence; and {e) any other terms and conditions of employment or matters

dealing with the nature of employment in the transport service—

where there is no other Act or law governing these matters. (2) In making any determination under this section in relation to an office or class of offices in the transport service, the Minister shall have regard to the public service determinations for the time being in force under the Public Service Act 1974 in relation to the corresponding office or class of offices in the public service. (3) The determinations of the Minister shall be subject to disallowance by Parliament and the provisions of section 6 of the Subordinate Legislation Act 1962 shall apply as if the determinations were statutory rules.

84. (l) A person who holds an office in the transport service who was, immediately prior to his appointment to the transport service, an officer of the public service shall be entitled to be re-appointed to any office in the public service with a classification salary other remuneration and leave entitlement corresponding with or higher than those which he last held in the public service as if his service in the transport service had been service in the public service and be classified accordingly and shall for the purposes of long service leave be deemed to have continued to have been an officer of the public service for the period of his appointment in the transport service.

(2) If any person at the time of his appointment to the transport service was 'an officer within the meaning of the Superannuation Act 1958 or any corresponding previous enactment he shall subject to that Act continue to be an officer within the meaning of that Act.

Regutauoni. 85. The Governor in Council may make regulations with respect to the following matters—

(a) the establishment and operation of a tribunal to hear appeals

Eki^biUty for re. ai^poimineni to publtc service


with respect to matters of promotion in the transport service and a tribunal to hear appeals with respect to matters of discipline in the transport service;

(b) terms and conditions of employment of members of those tribunals;

(c) any matters relating to the bringing, hearing and determination of appeals before those tribunals;

(rf) the qualification and experience required to occupy offices or classes of offices in the transport service;

(e) the form and method of making application for appointment to the transport service;

(/) the conditions of admission to the transport service, the nature and standard of examinations or tests for any office in the transport service and the appointment and remuneration of examiners; and

ig) the registers, records and lists which may be kept for the purposes of appointments or promotions in the transport service.

PART VI.—TRAFHC REGUIJ^TTON, REGISTRATION AND UCENSING DIVISION 1—GENERAL PROVISIONS

86. (1) In this Part unless inconsistent with the context or subject- tmtrpreuiioos. matter—

"Allocation centre" means an allocation centre established in -Aiiocai™ respect of a controlled area pursuant to regulations made under section 185.

"Appropriate Authority", in respect of an application for a public -Appropnaw commercial passenger vehicle licence or a passenger ferry licence or an application for the transfer or renewal of a public commercial passenger vehicle licence or a passenger ferry licence, means— (a) the Authority (being the Metropolitan Transit Authority

or the State Transport Authority) which operates or contracts for the operation of a public comniercial passenger vehicle or a passenger ferry in the route or area which is likely to be affected by the granting of the application; or

(b) if both the Metropolitan Transit Authority and the State Transport Authority operate or contract for the operation of a public commercial passenger vehicle or a passenger ferry in the route or area which is likely to be affected by the granting of the application, then whichever of the Metropolitan Transit Authority or the State Transport Authority operates or contracts for the operation of a public commercial passenger vehicle or

«nln.

Authprily."


"Authority, •

"Authority to low."

"Carry."

"Carrying capacity."

"CommMCial goods vthicle."

*'CommercJaJ passenger vehicle,"

"Comrolled area."

"Corporaliofl."

"Dait^aged motor car."

"Director."

"Goods,"

"Highway."

" Hire airw) drive omnitvs,"

a passenger ferry in the route or area which is more likely to be affected by the granting of the application.

"Authority" means the Road Traffic Authority established under Part II. y

"Authority to tow" means an authority in the prescribed form authorising the removal of a damaged motor car by a tow truck.

"Carry" includes draw or tow, "Carrying capacity" has the same meaning as in the Motor Car

Act 1958. "Commercial goods vehicle" means any motor car (together

with any trailer) which is used or intended to be used for carrying goods for hire or reward or for any consideration or in the course of any trade or business whatsoever, but does not include— (a) any such motor car which is a licensed commercial

passenger vehicle and is carrying goods in accordance with its licence and the regulations or any such motor car the carrying capacity of which (together with any trailer) does not exceed 2 tonnes and which is owned by a primary producer and used by him solely in connexion with his business as a primary producer; or

ib) a tow truck. "Commercial passenger vehicle" means any motor car (together

with any trailer fore-car side-car or other vehicle or device, if any, attached thereto) which is used or intended to be used for carrying passengers for hire or reward or for any consideration or in the course of any trade or business whatsoever.

"Controlled area" means an area declared to be a controlled area pursuant to regulations made under section 185.

"Corporation" has the same meaning as in section 5 of the Companies (Victoria) Code.

"Etemaged motor car" means a motor car damaged in an accident.

"Director" has the same meaning as in section 5 of the Companies (Victoria) Code.

"Goods" includes all chattels personal, "Highway" has the same meaning as in section 3 (1) of the

Motor Car Act 1958, "Hire and drive omnibus" means a motor car with a seating

capacity for more than 8 passengers (not including the driver) which is used or intended to be used for hiring (otherwise than under a hire-purchase agreement within the meaning of the Hire-Purchase Act 1959) to a person or persons for a certain period for valuable consideration on the condition that it wilt be driven during that period by the hirer or by some person on behalf of the hirer.

1983 Transport No . 9921 493

"Moto r car" means a motor car within the meaning of the Motor "Moiorar.-Car Act 1958 and includes a trailer or semi-trailer attached thereto.

"Opera te" means— "Operatt,"

(a) in the case of a commercial passenger vehicle, carry passengers for hire or reward or for any consideration or in the course of any trade or business whatsoever; and

{b) in the case of a commercial goods vehicle, carry goods for hire or reward or for any consideration or in the course of any trade or business whatsoever.

"Operator", in relation to a tow truck, includes the owner of "Qpertior,"

the tow truck and the driver of the tow truck. "Order in Counci l" means an Order made by the Governor in -cwwiB

Council and published in the Government Gazette. COUIKII. • "Owner" includes-^- "Owmw, •

{a) every person who is the owner or jo in t owner of a commercial passenger vehicle, commercial goods vehicle or tow truck;

(b) any person who has the use of a commercial passenger vehicle, commercial goods vehicle or tow truck under a hiring or hire-purchase agreement; and

(c) any person in whose name— (i) a commercial passenger vehicle;

(ii) a commercial goods vehicle; (iii) a hire and drive omnibus; (iv) a private omnibus; (v) a tow truck—

is registered under the Motor Car Act 1958 or any Act or Ordinance of any State or Territory of the Commonwealth corresponding to that Act but does not include an unpaid vendor of any such vehicle under a hire-purchase agreement.

"Pr imary producer" has the same meaning as in the Motor Car -Pnmm Act 1958. ^'^•"

"Private omnibus" means a motor car with a seating capacity -pri^te for more than twelve passengers (not including the driver) •>"•"''»"' which is used or intended to be used for the carriage of passengers for or in connexion with the activities of any religious, philanthropic, educational, sporting or social body but does not include a commercial passenger vehicle.


"Public cointiMrciu

"PuMic ptoce."

"Rcoeattoiii

"T<w.'

"Public commercial passenger vehicle" means a commercial passenger vehicle operated by or proposed to be operated b y -{a) the State Transport Authority; (b) the Metropolitan Transit Authority; (c) any person to be used under contract with—

(i) the State Transport Authority; (ii) the Metropolitan Transit Authority; or

(iii) the Education Department of Victoria which contract is approved pursuant to section 141 (2); or

id) any person for the carriage of members of the public along a fixed route on a regular basis, whether or not fares are charged, and the operation of which commercial passenger vehicle is approved pursuant to section 141 (2).

"Public place" means— (a) any bridge, footpath, court, alley, passage or

thoroughfare open to or used by the public; (i») any park, garden, reserve or other place of public

recreation or resort; (c) any open place to which the pubhc, whether upon or

without payment for admittance, have or are permitted to have access;

(d) any wharf, pier or jetty; and (e) any school or the land or premises in connexion

therewith—

but does not include a highway. "Recreation vehicle" means a vehicle propelled by internal

combustion, steam, gas, oil, electricity or any other power but does not include—

(a) a railway locomotive, railway carrii^e, tram-car or tram-motor;

• (b) a motor tractor; or (c) a vehicle of a type specified by Order of the

Governor in Council for the purposes of this section.

"Tow", in relation to a motor car, includes— (a) lift and tow; {b) lift and carry; and (c) lift for the purpose of towing.


"Tow truck" means any motor car equipped with a crane, winch, -TOIV iruck.-ramp or other Hiding device used or intended to be used for the hfting and carrying or towing of damaged or disabled motor cars and including any motor car to which is attached (temporarily or otherwise) a trailer or device which is used or intended to be used for the lifting and carrying or towing of damaged or disabled motor cars.

"Trailer" means any trailer fore-car side-car or other device -Traiitr," attached {temporarily or otherwise) to a motor car and capable of being used to carry goods.

"Tribunal" means the Road Transport Licensing Tribunal -Tribunaj" established under Division 4.

(2) Any Order in Council made under this Part may by like Order in Council be amended, varied or revoked.

87. (1) A motor car shall be deemed to operate as a commercial opcrationof passenger vehicle if any offer is made to carry passengers therein for " " ^ 1 ^ ' " hire or reward or for any consideration or in the course of any trade or osssenjer vehicle business whatsoever. fv 'hl i' .

(2) A motor car (other than a vehicle licensed under this Part) shall be deemed not to operate as a commercial passenger vehicle and shall be deemed not to operate for hire or reward for the purposes of this Part or any other Act or any contract of insurance by reason only of the carriage of passengers or the offer to carry passengers if the offer or carriage is made pursuant to a car pooling agreement.

(3) For the purposes of sub-section (2) an offer to carry passengers or a carriage of passengers is made pursuant to a car pooling agreement when the offer or carriage is—

(a) incidental to the main purpose of the journey; (b) not the result of touting for passengers by the driver or any

other person on any highway; (c) limited to a maximum of five passengers; and (d) made pursuant to an informal arrangement for the carriage

of the passengers for a consideration that is merely— (i) the undertaking by the passenger to carry the driver or

a member of the family of the driver on a similar journey in exchange for his carriage or the carriage of a member of his family; or

(ii) the payment by the passenger of a share of the costs incurred in making the journey.

(4) A motor car (other than a vehicle licensed under this Part) shall be deemed not to operate as a commercial passenger vehicle or a commercial goods vehicle and shall be deemed not to operate for hire or reward or for consideration for the purposes of this Part or any contract of insurance by reason only of the carriage of goods or

496 1983 Transport No. 992 r

Pan to bind the CfOWIL

Dctcrminatiom of policy.

Nocompensaiioo payable.

passengers or the offer to carry goods or passengers if the carriage or offer is made pursuant to a charitable arrangement.

{5) For the purposes of sub-section (4) a carriage of goods or passengers or an offer to carry goods or passengers is made pursuant to a charitable arrangement when—

(a) the main purpose of the journey or intended journey is to carry the goods or passengers;

{b) the journey is or is to be undertaken for or on behalf of a municipality or prescribed organization as part of its charitable or benevolent work or its work for the relief or welfare of members of the public;

(c) the motor car is or is to be driven by a person who receives no remuneration in respect of the journey except pursuant to an arrangement mentioned in paragraph {d); and

{d) the journey is or is to be made pursuant to an informal arrangement for the carriage of the goods or passengers for a consideration that is merely the payment by a passenger, or by the municipality or the prescribed organization for which the work is done of the costs or part of the costs incurred in making the journey.

88. This Part binds the Crown, not only in right of the State of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

89. (1) The Minister may from time to time make written determinations of policy in relation to the operation of this Part.

(2) The Minister shall cause a copy of every determination of policy made by him under sub-section (1) to be served on—

{a) the Road Traffic Authority; {b) the Metropolitan Transit Authority; {c) the State Transport Authority; and {d) the Tribunal—

and to be published in the Government Gazette.

90. No compensation shall be payable to any person in respect of or as a consequence of any decision or determination made pursuant to this Part—

{a) to grant, issue, renew, reject, cancel, suspend or revoke any licence, certificate, permit, assignment or other authority under this Part;

(b) to add, alter or vary any condition or term of or attached to any licence, certificate, permit, assignment or other authority under this Part; or

(c) to alter the route or area in respect of which any licence has been granted under this Part.


91. Any person who gives any false material particulars in any F»iseitattnwni>, application under this Part shall be guilty pf an offence against this Act.

DIVISION 2—TRAFHC REGULATION

92. In this Division unless inconsistent with the context or subject- imfnweiaiion matter—

"Owner", in respect of a vehicle— -owntr." ia) where the vehicle is a motor car, means the person in whose

name the motor car is registered under the Motor Car Act 1958 or any Act or Ordinance of any State or Territory of the Commonwealth corresponding to that Act (whether the property in the motor car is vested in him or not); and

(6) where the vehicle is not a motor car, includes a sole owner, joint owner or pan owner of the vehicle or any person who has the possession and use thereof under or subject to a hire-purchase agreement or bill of sale or like instrument.

93. (1) The Governor in Council may make regulations for or with Rtgutaionsisio respect to the regulation and control of vehicular animal or pedestrian ™""''< "' ' traffic on streets or roads and any matter incidental or related thereto and in particular without affecting the generality of the foregoing for and with respect to—

(a) prescribing rules to be observed by persons driving or in charge of vehicles or animals and by pedestrians and maximum speeds for vehicles;

{b) prescribing standard warning and operative signs and safety devices and the siting thereof and regulating the installation and maintenance thereof;

(c) prescribing marks for use on the surface of streets or roads; {d) prescribing the legal effect of any such signs devices or marks

and the evidence that shall be sufficient to prove the existence of any such sign device or mark;

{e) eliminating causes of danger and of congestion of traffic; (/) delating—

(i) to a municipal council or any officer of a municipal council;

(ii) to a prescribed public authority or any other officer of a prescribed public authority; or

(iii) to any other prescribed person— any authority, discretion or power in relation to the regulations subject to any conditions or restrictions that the Governor in Council thinks fit;

ig) regulating bicycle racing or speed trials on any highway; (/t) prescribing penalties not exceeding 8 penalty units for any

breach of the regulations; and


{/) generally prescribing any matter or thing authorized or required to be prescribed by this Division.

(2) Any such regulation may be general or may be restricted in operation as to time place vehicles persons or circumstances whether any such time place vehicle person or circumstance is determined or ascertainable before at or after the making of the regulation.

(3) Regulations made under sub-section (I) shall have full force and effect notwithstanding anything to the contrary in any regulation or by-law made under this Act or under any other Act.

(4) Any provisions of any regulation or by-law made under any other Part of this Act or under any other Act which are inconsistent with any regulation made under sub-section (1) or any by-taw which Hmits the speed at which vehicles may be driven shall be of no force or effect.

(5) The Governor in Council may by Order at the request of any public authority or other person prescribed for the purposes of this section extend the application of the provisions of this Division to any land or premises vested therein or under the control thereof and thereupon the provisions of this Division and the regulations made hereunder shall extend and apply to the land or premises so far as applicable and with such modifications as are necessary in all respects as if the land or premises were a street or road and, in particular, with the modification that in any such regulations any reference to a highway authority shall be read and construed as including the public authority or other person in which the land or premises is vested or by which the land or premises is controlled (as the case requires).

(6) The Governor in Council may by Order at the request of the Minister of Public Works extend the application of the provisions of this Division to any land or premises used for or in connexion with any public ofiices of the Crown and thereupon the provisions of this Division and any regulations made hereunder shall extend and apply to the land or premises so far as applicable and with such modifications as are necessary in all respects as if the land or premises were a street or road and, in particular, with the modification that in any such regulation any reference to a highway authority shall be read and construed as including the Minister of Public Works.

(7) Any person or body corporate having authority pursuant to the regulations made under this Division so to do may, without unduly obstructing the thoroughfare, install and maintain in or upon any street or road any standard warning or operative sign or safety device or mark, parking area, traffic island, or other device or thing prescribed or authorized by such regulations for the regulation and control of vehicular animal or pedestrian traffic.

(8) The mere presence on any street or road of any such installation or of any pole barrier stand or other device used in connexion therewith or for the support thereof shall not of itself constitute the installation or any such pole barrier stand or pther device an unlawful obstruction of or interference with any such street or road or the use thereof


Where any such installation or any barrier pole flag or other device operated or used in connexion therewith requires or is authorized to be operated or used by some person to be effective for the regulation and control of vehicular animal or pedestrian traffic the operation or use thereof in accordance with the regulations shall not for any purpose be regarded as an unlawful obstruction of or interference with any such street or road or the use thereof.

94. ( t ) The Governor in Council may by Order require the council vomot of any munic ipa l i ty - S;: ,^" ' '

(a) to remove, establish, renovate, alter or improve any particular works and facilities for the purpose of traffic management and control or to remove any parking area obstruction or erection, in or on any street or road;

{b) to take any particular action under the Petrol Pumps Act 1958; or

(c) to adopt the road accident prevention practices specified in the Order.

(2) The Governor in Council shall not make an Order referred to in sub-section (1) unless the council of the municipality has been given the opportunity to make any representation on the matter.

(3) Ati Order made under sub-section (1) shall be given effect to by the council of the municipality.

95. Any person guilty of an offence against this Division or who oferKM. contravenes or fails to comply with any provision of the regulations made under this Division for which no other penalty is provided shall be liable to a penalty of not more than 8 penalty units.

96. Any member of the police force may without warrant arrest PowetofanHi, any person who within his view commits any offence against this Division or against any regulation made under this Division and who upon being requested to give his name and address refuses or fails to do so or gives a name or address which the member of the police force reasonably suspects to be false.

97. (1) Proceedings for any breach of any regulation made under whomay this Division may subject to sub-section (4) be taken by— p«»«uie,

{a) any member of the police force; {b) any officer appointed either generally or in any particular

case by the Authority; (c) any officer appointed either generally or in any particular

case by the council of the municipahty within the municipal district of which such breach occurs; and

{d) any officer appointed either generally or in any particular case by a public authority or other person prescribed for the purposes of this sub-section where the breach occurs upon land or premises vested in or under the control of that public authority or other person.


Noprocmdings in cenain cases ««P<by direction.

EAkcacyor resoiulion and direction.

Evidence or auLlwrily to ^vc direct ion and of direction.

Interpretation of ' Parliamentaty Reserve"

(2) Proceedings for any breach of a regulation relating to the parking or leaving standing of a vehicle made under this Division may be taken by any officer appointed either generally or in any particular case by a public authority or other person prescribed for the purposes of this subsection where the breach occurs upon land or premises vested in or under the control of that public authority or other person,

(3) Any money recovered by way of fine for a breach of any regulation made under this Division shall be paid into the Consolidated Fund unless the information is laid by an officer appointed by a public authority or other persons prescribed for the purposes of this subsection in which case the money recovered by way of fine shall be paid into the prescribed fund in respect of that public authority or other person.

(4) Where a breach of any regulation made under this Division occurs on land being land that is part of the Pariiamentary Reserve, no prosecution shall be taken in respect thereof except upon a direction in writing signed by an officer of the Parliament of Victoria authorized for the purpose either generally or in any particular case by resolution of the House Committee.

(5) A resolution of the House Committee authorizing an officer to institute prosecutions shall continue in force until it is revoked whether during the same or a subsequent session of Parliament and any direction signed pursuant thereto before any revocation thereof—

(a) shall continue in force notwithstanding the revocation; and

0) shall continue in force during any period when the House Committee has ceased to be in office by reason of the expiry of the Legislative Assembly by effluxion of time or the dissolution of either House of Parliament.

(6) In any prosecution for a breach of any regulation made under this Division—

(a) a certificate purporting to be signed by the chairman or the secretary of the House Committee that any person is an officer authorized by resolution of the House Committee to institute prosecutions shall be prima facie evidence that the officer is so authorized and it shall be presumed until the contrary is proved that the resolution was passed at a properly convened and constituted meeting of the House Committee; and

(b) the court shall take judicial notice of the signature to a direction to institute prosecutions of any person who is or has been an officer authorized by resolution of the House Committee to sign such a direction.

(7) In this section "Parliamentary Reserve" means the land delineated and shown hatched on the plan in the Schedule to the Parliamentary Committees Act 1968.


DIVISION 3—RECREATION VEHICLES

98. (1) In this Division unless inconsistent with the context o r Intcrpitution.

subject-matter— "Owner" in respect of a recreation vehicle includes any person •xjwncr.-

who is the sole joint or part owner thereof and any person who has the possession and use of the vehicle under or subject to a hire-purchase agreement or a bill of sale or like instrument or under or subject to a written hiring ^ reement (not being a hire-purchase agreement) which requires that person to register the recreation vehicle in his name but does not include any person in whom the property in the vehicle or any absolute or conditional right or licence to take possession of the vehicle is vested under or subject to a hire-purchase agreement or a bill of sale or like instrument or written hiring agreement which requires another person to register the recreation vehicle in the name of that other person but who has not for the time being the possession and use thereof.

(2) Save as otherwise provided either expressly or by necessary implication words used in this Division shall have the same meaning asinlht Motor Car Act 1958.

(3) This Division does not ajjply to or in relation to a vehicle used in a public place solely—

(a) for or in connexion with primary production, cultivation, construction or maintenance; or

(b) for the conveyance of an incapacitated person.

99. The provisions of Division 1 of Part V, of the Motor Car Act -nM-iany 1958 shall, with such adaptations and variations as are necessary, apply pXi!"<^of to and in relation to a recreation vehicle. MmofCirAaio

100. (1) Registration of a recreation vehicle may be obtained by R llniian. presenting the vehicle at a registration office and delivering to the Authority or a registration officer—

(a) a duly completed application for registration; (b) the appropriate prescribed registration fee; and (c) a certificate of insurance in accordance with Division 1 of

Part V. of the Motor Car Act 1958 for the period and the vehicle for which registration is sought or a duly completed form of nomination of an authorized insurer in the prescribed form together with the appropriate insurance premium and the surcharge thereon.

(2) An application for registration of a recreation vehicle shall be made by or on behalf of the owner in the form prescribed and the vehicle if registered shall be registered in the name of such person as owner thereof.

502 1983 Transport No. 992]

Renewal of i«gislrali(Hi.

Authority not required ^a i«giuerceitain vehklei.

Registration oertilicatc aiM] number plates to be issued.

Number ^ t e s .

(3) A recreation vehicle shall not be registered in the name of a person under the age of 18 years.

(4) Registration of a recreation vehicle shall commence on the day on which the documents and moneys referred to in sub-section (]) are received by the Authority or registration officer and shall expire on the day being 12 months after such commencement:

101. (1) Renewal oflhe registration ofareaeation vehicle may be obtained by delivering to the Authority by post or otherwise the documents and money referred to in section 100.

(2) Any such renewed registration— (a) shall commence—

(i) where the documents and money are received by the Authority at any time up to 14 days after the expiration of the prior registration immediately after such expiration; and

(ii) in any other case, on the day on which the documents and money are received by the Authority; and

{b) shall expire on the day being 12 months after the expiration of the prior registration.

102. Nothing in this Division shall require the Authority or a registration officer to register a recreation vehicle which—

{a) does not comply with the regulations with respect to construction of recreation vehicles; or

(6) is so constructed or in such condition that in the opinion of the Authority or registration officer it would be dangerous or unsafe to use the vehicle in a public place.

103. (1) Upon the registration of a recreation vehicle under this Division the Authority shall cause—

(a) an identifying number to be assigned to the vehicle; and {by a certificate of registration and number plates bearing such

identifying number to be issued to the owner. (2) The Authority shall cause to be kept a register of all recreation

vehicles registered under this Division and shall cause the identifying number assigned to each vehicle so registered to be entered in the register.

104. (1) Number plates issued under section 103 shall be and remain the property of the Crown;

(2) Each person to whom a number plate is issued shall pay the prescribed fee in respect of the use of the number plate.

(3) The Authority on being satisfied that a number plate is lost mutilated defaced or illegible may, upon payment of the prescribed fee, issue a new number plate bearing the same identifying number.

(4) If on the expiration of the registration of a recreation vehicle the registration is not renewed or if a recreation vehicle is sold or otherwise disposed of to a person outside Victoria, the person in whose


name the vehicle was registered at the tithe of such expiration sale or disposal (as the case may be) shall forthwith return the number plates issued in respect of the vehicle to the Authority or a registration officer.

Penalty: 1 penalty unit.

105. A person who— oiiencn concerning

(a) fraudulently alters or defaces any number plate issued under ""•"*«• p' '" this Division;

(b) fraudulently uses or permits to be used any number plate so issued; or

(c) causes or permits to be fixed on a recreation vehicle a number plate other than one issued under this Division in respect of that vehicle—

shall be guilty of an offence.

Penalty: 10 penalty units.

106. (l) Where a recreation vehicle registered under this Division saieordispom is sold or otherwise disposed of— wh™"""

(a) the person in whose name the vehicle is registered shall forthwith forward to the Authority— (i) the current certificate of registration of the vehicle; and

(ii) a notice of disposal in or to the effect of the form prescribed; and

ib) the person who acquires possession of the vehicle shall forthwith forward to the Authority— (i) a notice of acquisition in or to the effect of the form

prescribed; and

(ii) the prescribed transfer fee.

(2) Where— (a) the provisions of sub-section (1) have been complied with;

or (b) the provisions of sub-section (l) (b) have been complied

with and the person in whose name the recreation vehicle I is registered has failed to show cause against any alteration _ of the register for fourteen days after notice has been given

to him of the Authority's intention to alter the register—

the Authority shall cause the registration of the vehicle concerned to be transferred to the name of the person who has acquired possession.

107. (1) Where the Authority is satisfied that a recreation vehicle suspeMioBof registered under this Division is in such condition that it would be "*"'"""" dangerous or unsafe to use the vehicle in a public place the Authority may, by notice in the prescribed form served personally or by post on the owner, suspend the registration of the vehicle.

503


Ortcnccj concefning gsc of recrcatioD vehicles tn publtc pUcct.

Driver 10 wear pfDtecttve helmet.

Recreation vehide not to be driven in public plac« b<y pcfsoit uoder tight yetn.

(2) Where the registration of a recreation vehicle is suspended the Authority, if satisfied that the deficiencies and defects in the vehicle have been remedied and that it would no longer be dangerous or unsafe to use the vehicle in a public place may, by notice in writing in the prescribed form served personally or by post on the owner, withdraw the suspension.

(3) During any period of suspension of the registration of a recreation vehicle the vehicle shall for all purposes of this Division be regarded as an unregistered recreation vehicle.

108. (1) If a recreation vehicle is used in a public place without being registered under this Division or the Motor Car Act 1958 the person driving the vehicle and the owner shall be severally guilty of an offence and shall be liable—

(a) upon conviction for a first offence to a penalty of not more than 2 penalty units; aiid

{b) upon conviction for a second or subsequent- offence to a penalty of not more than 5 penalty units.

(2) If a recreation vehicle is used in a public place— (a) without the number plates issued in respect of the vehicle

being fixed in a conspicuous position on the front and rear thereof; or

0) where the number plates are so fixed, if the identifying number thereon is in any way obstructed or rendered or allowed to become not easily distinguishable—

the person driving the vehicle and the owner shall be severally guilty of an offence.

Penalty: I penalty unit.

(3) It shall be a defence to a prosecution under sub-section (2) (b) if the person charged with the offence satisfies the court that he had taken all reasonable steps to prevent the identifying number being obscured or rendered not easily distinguishable.

(4) This section shall not apply to or in relation to a recreation vehicle used in a public place in connexion with a racing programme organized by or under the auspices of an association approved in that behalf by the Authority.

109. A person shall not drive in a public place a recreation vehicle with two or three wheels unless he is wearing securely on his head a protective helmet of a type approved by the Authority.

Penalty: 2 penalty units. 110. (1) A recreation vehicle shall not be driven in a public place

by a person under the age of 8 years.

(2) Where a recreation vehicle is driven contrary to sub-section (1) the owner of the vehicle shall be guilty of an offence unless he satisfies


the court that the vehicle was so driven without his knowledge or consent.

111. (1) A person under the age of 15 years shall no t dr ive in a oitncK public place a recreation vehicle— ™v?, J,?

{a) with 2 or 3 wheels and an engine capacity of more than 80 [Xdnpuwit cubic cent imetres; piacesbype™ns

under Al^een

{b) with more than 3 wheels having tyres with an outer diameter j ai* of more than 305 millimetres; or

(c) at a speed exceeding 30 kilometres per hour.

(2) Where a recreation vehicle is driven in contravention of sub-section (1) the person driving the vehicle and the owner shall be severally guilty of an offence.

(3) It shall be a defence to a prosecution under this section against the owner of a recreation vehicle if the owner satisfies the court that on the occasion in question the vehicle was driven by the person concerned without his knowledge or consent.

112. Where a recreation vehicle is driven in a public place recklessly R«kicKor or at a speed or in a manner which is dangerous to the public having ^n"^" regard to all the circumstances of the case the person driving the vehicle shall be guilty of an offence.

Penalty: 10 penalty units. 113. (I) A person who drives a recreation vehicle in a public place Drivingundeniie

while under the influence of intoxicating liquor or of any drug to such !Uj' 'r'! a''dni» an extent as to be incapable of having proper control of the vehicle shall be guilty of an offence.

Penalty: 15 penalty units, (2) In this section "drug" means any substance or preparation

declared for the time being by the Governor in Council to be a drug for the purposes of section 318 of the Crimes Act 1958.

114. The owner of a recreation vehicle shall, upon request by a own«tQgi« member of the police force acting in the course of his duty, give any '"f*™"™ information within his power which may lead to the identification of the driver of the recreation vehicle on any particular occasion.


115. (1) If any member of the police force acting in the course of Dnvenoeivt his duty has reasonable grounds for believing that the provisions of '"f"™"'*"-this Division or the regulations made under this Division are being contravened by any person driving a recreation vehicle in a public place he may—

(a) request or signal that person to stop the recreation vehicle; and

{b) request that person to state his name and address. (2) A person who—

{a) fails to stop a recreation vehicle when so requested or signalled pursuant to sub-section (1); or


Offences.

Rcsulations.

Proof of Rtiitralion. ownership. &c.

(ft) refuses to slate his name and address when so requested pursuant to sub-section (I) or who states a false name or false address—

shall be guilty of an offence. Penally: 5 penally units. 116. (1) A person who contravenes or fails to comply with any

provision of this Division or the regulations made under this Division shall be guilty of an offence.

(2) A person guilty of an offence against this Division or the regulations made under this Division in respect of which no penalty is expressly provided shall be liable—

{a) upon conviction for a first offence to a penalty of not more than I penally unit; and

{b) upon conviction for a second or subsequent offence to a penalty of not more than 2 penalty units.

117. The Governor in Council may make regulations for or with respect to—

(a) facilitating the registration and identification of recreation vehicles;

(i>) the register of recreation vehicles; (c) the construction of recreation vehicles;

{d) prohibiting or regulating noise or smells from recreation vehicles;

{e) prescribing fees not exceeding $100 for the purposes of this Division;

( / ) forms for the purposes of this Division; and ig) any other matter or thing authorized or required to be

prescribed for the purposes of this Division.

118. (I) A certificate signed or purporting to be signed by the officer in charge of the Registration and Regulation Bureau of the Authority or his deputy setting out—

ia) that on a specified date a recreation vehicle or motor car— (i) was or was not registered; or

(ii) was registered in the name of a specified person; or {b) any other matter which appears in or can be calculated from

the records kept in the Registration and Regulation Bureau of the Authority—

shall, in any proceedings for an offence against this Division or the regulations, be prima facie evidence of the facts stated therein.

(2) A certificate under sub-section (I) {a) (ii) shall, in any proceedings for an offence against this Division or the regulations, be

19S3 Transport No. 9921 507

prima facie evidence that the person in whose name the vehicle was registered was, on the date specified, the owner of the vehicle.

DIVISION 4—ROAD TRANSPORT LICENSING TRIBUNAL

119. In this Division unless inconsistent with the context or inwrpieuiionj. subject-matter—

"Determination" in relation to the Tribunal includes grant, ^Oelennjnationr

order, direction, decision or declaration. "Member" means a member of the Tribunal and includes an -Member-

acting member pursuant to section 123. "Registrar" means Registrar of the Tribunal. "Rt^stnr."

120. (1) There is hereby established a Tribunal to be known as the EstaMishmcnl of

Road Transport Licensing Tribunal. ^"*^' (2) The Tribunal shall havejurisdiction to hearand determine any Junidictiafi.

matter in respect ofwhichjurisdiction is conferred on it by — (a) this Act; (b) Xhe Motor Car Act ]95S\ or (c) any other Act.

(3) In determining an application to or any proceedings before the Malienlobe

Tribunal, the Tribunal— 2^^:r (a) shall have regard to any determinations of policy made by

the Minister pursuant to section 89; and (b) shall take account of any matter which the Tribunal is

required by the provisions of this Act or any other Act to take account of in determining the particular application or proceedings before the Tribunal.

121. (I) The Tribunal shall be constituted by three members Appointmcnl of

appointed by the Governor in Council. memben, (2) In appointing members the Governor in Council shall have

regard to the matters which the Tribunal has jurisdiction to hear and determine and to the need for the Tribunal to be comprised of persons qualified with appropriate knowledge and experience to enable the Tribunal to exercise its jurisdiction.

122. (1) Aniember— Gcncnl provisions u to

(a) shall subject to this Part, hold office for such tenn not mtmitn. exceeding 3 years as is specified in the instrument of his appointment and shall be eligible for re-appointment;

{b) shall be entitled to be paid— (i) such remuneration (if any); and

(ii) such travelling and other allowances and expenses— as may be fixed from time to time by the Governor in Council; and


(c) shall not in respect ofhis office as member be subject to the provisions of the Public Service Act 1974,

(2) The Governor in Council may in the instrument of appointment of a member specify terms and conditions of employment.

(3) The Governor in Council may at any time remove a member from office.

(4) The office of a member shall become vacant— (a) at the expiration ofhis term of office; (b) if he dies; (c) ifhe attains the age of 65 years;

(d) if he resigns his office by writing addressed to the Governor in Council;

(e) ifhe is removed from office pursuant to sub-section (3); {/) ifhe becomes bankrupt or applies to take the benefit of any

Act for the relief of bankrupt or insolvent debtors or by any deed or writing compounds with his creditors;

(g) ifhe becomes incapable of performing his duties; or (/)) ifhe engages in paid employment outside the duties ofhis

office without the approval of the Governor in Council.

(5) A person who has attained the age of 65 years shall not be capable of being apjwinted or re-appointed as a member.

(6) If the appointment of any member expires whether by reason of effluxion of time or his attaining the age of 65 years at a time when that member is engaged in any hearing of the Tribunal the term of appointment of that person shall, notwithstanding anything in this Part, be deemed to continue until that hearing has been finally determined.

Actingmcirbeft, 123. (I) Where a mcmbcr is unablc, wHethcr on account of illuess or otherwise, to perform the duties ofhis office, the Governor in Council may appoint an eligible person to act as such a member during the period of inability.

(2) Where a person has been ap]X)inted under this section to act as a member during the period of inability of a member and that member ceases to hold office without having resumed the performance of the duties ofhis office, the period of appointment of the person so appointed shall be deemed to continue until the appointment is terminated by the Governor in Council or until the expiration of the period of 12 months after the date on which the member ceases to hold office, whichever first occurs.

(3) A person appointed under this section to act as a member shall while so acting—

(a) have all the powers and perform all the duties of the member for whom he is acting; and

(b) be entitled to be paid— (i) such remuneration (if any); and

1983 Transport . No. 9921 509

(ii) such travelling and other allowances and expenses—

as may be fixed from time to time by the Governor in Council.

(4) Where a person has been appointed under this section to act as a member and his appointment to act as such expires, whether by reason of the fact that the member for whom he is acting has resumed the performance of the duties of his office or the relevant vacancy has been filled, at a time wheti the acting member is engaged in a hearing by the Tribunal, the period of appointment of that person shall, notwithstanding anything in this Part, be deemed to continue until that hearing has been finally determined.

124. (1) An application to or proceedings before the Tribunal may constitution of having regard to the nature of the application or proceedings be heard "' "*' and determined by one member or by three members.

(2) The Tribunal or a majority of the members shall from time to time determine which members of the Tribunal shall be available for the purpose of hearing and determining applications or proceedings and the times and places at which the members will be so available.

(3) Where the Tribunal is constituted by 3 members a matter arising for determination may be determined by a majority of the members.

125. (1) Subject to this Act, the Governor in Council shall appoint R<«isuarof a Registrar of the Tribunal who shall be entitled to be paid— inbuwi.

(a) such remuneration (if any); and (b) such travelling and other allowances and expenses—

as may be fixed from time to time by the Governor in Council and who shall be employed for the term and in accordance with the terms and conditions of employment specified by the Governor in Council in the instrument of appointment of the Registrar.

(2) The Governor in Council may at any time remove the Registrar from office and the Registrar may at any time resign his office by writing addressed to the Governor in Council.

(3) The Registrar shall keep a register in the prescribed form containing the prescribed particulars of all applications to and proceedings before the Tribunal and of the determinations made by the Tribunal thereon.

126. (1) The Tribunal— procwmreof Tribunat.

(o) isboundbytherulesofnaturaljustice;and (b) is not required to conduct any proceeding in a formal

manner.

(2) Without affecting any other powers of the Tribunal to take and receive evidence, the provisions of sections 14, 15, 16, 20 and 20A of the Evidence Act 1958 and of rules and orders made under section 20 (4) of that Act apply to and in relation to the Tribunal and the proceedings of the Tribunal as if the Tribunal were a Board appointed by the Governor in Council.


(3) Subject to sub-section (4), the hearing of an application to or proceedings before the Tribunal shall be held in public.

(4) Where any person tendering evidence as to his financial position requests that such evidence be taken in private, the hearing of that evidence shalf be held in private and that evidence shall not be published unless the Minister requests in writing that the Tribunal provide to the Minister an accurate report of that evidence.

(5) Subject to this Part and the regulations, the procedure of the Tribunal is in its discretion.

DeKiTOinaiionof 127, (1) Where a question of law arises in an application to or qgcMionofiw, proceedings before the Tribunal—

(a) the Tribunal may; and {b) where a party to the application or proceedings so requests,

the Tribunal shall—

reserve the question in the form of a special case stated for the opinion of the Supreme Court.

(2) Where a question of law arising in an application to or proceedings before the Tribunal has been reserved for the opinion of the Supreme Court under sub-section (1) the Tribunal shall not—

(a) make a determination to which the question is relevant until the Supreme Court has given its opinion on the question of law; or

{b) proceed in a manner or make a determination that is inconsistent with the opinion of the Supreme Court on the question of law.

(3) Where a question of law arises in an application to or proceedings before the Tribunal and is not reserved for the opinion of the Supreme Court under sub-section (I), a party to the application or proceedings may—

{a) within 28 days after the determination of the application or proceedings; or

{b) where he is or becomes entitled under section 129 to receive a copy in writing of the reasons for the determination within 28 days after receiving that copy—

appeal to the Supreme Court against the decision on that question of law as if the decision were an order of the County Court.

(4) An appeal to the Supreme Court under sub-section (3) shall be heard and determined by a judge of the Supreme Court and the provisions of section 74 of the County Court Act 1958 shall apply with such modifications as are necessary.

(5) Where the Supreme Court hears and determines an appeal on a question of law under sub-section (4), the Supreme Court may direct that the application or proceedings in which the question of law arose be re-heard by the Tribunal.

1983 Transpori No. 9921 511

(6) Where the Supreme Court orders an application or proceedings to be re-heard by the Tribunal under sub-section (5), the application or proceedings shall be re-heard by the Tribunal constituted by the member or inembers who made ihe determination against which the appeal was • made unless—

(a) the Supreme Court otherwise directs; or ib) a member who made the determination is not available.

{7) Subject 10 the Supreme Conn Act 1958, thejudges of the Supreme Court may make rules, including rules with respect to costs, for or with respect to—

(a) special cases stated for the opinion of the Supreme Court under sub-section (1); and

{/:) appeals under sub-section (4).

128. .A party to an application to or proceedings before the Tribunal Ap arancr may app -'ar and be heard—

(a) personally; (b) by a duly qualified legal practitioner; (c) where the party is a body corporate, by a director, secretary

or other officer of the body corporate; or {d) by any other pwrson approved by the Tribunal.

129. (I) A party to an application to or proceedings before the Ktasonsfur Tribunal may within fourteen days after the Tribunal makes a''' ''""'"*"™ determination in the proceedings, request a copy in writing of the reasons for the determination.

(2) The Tribunal shall comply with a request made under subsection (I).

130. (1) A determination of the Tribunal shall be in writing and oeitrnnnaiioni shall be signed by the member or members who constituted the Tribunal that made the determination.

(2) The production in any proceedings of a document purporting to be a copy of a determination made by the Tribunal and purporting to be signed by a member or members of the Tribunal shall be conclusive evidence of the due making and existence of the determination,

131. The Tribunal may at any time of its own motion or on the iwer to amend application of any party to an application to or proceeding before the Tribunal make an order correcting a determination made by the Tribunal where there is in the determination—

(a) a clerical mistake or an error arising from any accidental slip or omission; or

(b) an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or properly referred to in the determination.

132. The Authority shall take such action as may be necessary to Authontyioeivf give effect to a determination of the Tribunal, deitintiina lions.


TKbuoal cnay requcii Authoriiy 10 tnveslJBate mutKr.

C<Mktemp* of Tribunal.

Judicia) iM>lk«.

SKitcy,

RegulatioflL

133. The Tribunal may request the Authority to investigate a matter that has arisen in or in relation to an application to or proceedings before the Tribunal.

134. A person shall not— (a) insult a member of the Tribunal in the performance of his

functions or the exercise of his powers as a member at a hearing before the Tribunal;

{b) interrupt a hearing before the Tribunal; (c) create a disturbance or take part in creating or continuing a

disturbance in or near a place where the Tribunal is holding a hearing; or

{d) do any other act that would, if the Tribunal were a court of record, constitute contempt of that court.

Penalty: 10 penalty units or imprisonment for 3 months. 135. All courts, judges and persons acting judicially shall take

judicial notice of— (a) the signature of any person who is or has been a Registrar

or member of the Tribunal when appearing on a document issuing out of the Tribunal; and

{b) of the fact that that person is or was the Registrar or a member of the Tribunal as the case may be.

136. (1) This section applies to every person who is or has been a member of the Tribunal or the Registrar or a member of the other staff assisting the Tribunal.

(2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly, except in legal proceedings or in the performance of a duty under or in connexion with this Act, make a record of, or divulge or communicate to any person, any information concerning the affairs of any person acquired by him by reason of his office or employment under or for the purposes of this Act.

Penalty; 5 penalty units. 137. The Governor in Council may make regulations for or with

respect to— {a) the practice and procedure of the Tribunal; (b) prescribing the form of the Register to be kept by the

Registrar; and (c) generally prescribing any matter or thing that by this

Division is authorized or permitted to be prescribed or that is necessary to be prescribed for carrying out or giving effect to this Division.

Applkation or envision.

DIVISION 5—COMMERCIAL PASSENGER VEHICLES

138. This Division shall not apply with respect to any motor car while being used exclusively—

(a) by a commercial traveller in the ordinary course of his


business and carrying one or more other commercial travellers on a journey connected with the employment of such other commercial traveller or travellers as such; or

(b) for the purposes of essential emergency transport of persons necessitated by failure break-down or stoppage of the ordinary passenger transport service in cases where the facts relating to such emei^ency transport are reported by the owner of the vehicle so used to the Authority within seven days after the act of transport is completed.

139. (I) A commercial passenger vehicle shall not operate on any vehicksMuobe highway unless it is licensed in accordance with this Division. HJ^!^""''"

(2) Subject to this Division on the application of— (a) the owner; or {b) a person who intends to become the owner—

of a commercial passenger vehicle the Authority may in respect of that vehicle grant that owner or intending owner a commercial passenger vehicle licence.

140. An application for a commercial passenger vehicle licence AppltcaUon tot

shall specify— ''™" (a) the routes or area upon or in which it is intended that the

vehicle is to operate; (b) a description of the vehicle; (c) the maximum number of passengers to be carried at any

one time on the vehicle; {d) the type and level of service proposed to be provided; (e) the fares proposed to be charged;

( / ) whether the vehicle is to operate as a public commercial passenger vehicle; and

(g) such other particulars as may be prescribed.

141. (I) Where an application for a commercial passenger vehicle puwic licence is made in respect of a vehicle which is to operate as a public ^ " j ; ^ ' commercial passenger vehicle— vthtcin.

(a) the Authority shall, subject to this section, grant a licence in respect of that vehicle; and

(b) the provisions of sections 142, 143 and 146 shall not apply in respect of the application and the licence.

(2) The Authority shall not grant a licence pursuant to sub-section (1) unless the applicant has obtained the approval of the appropriate Authority.

(3) The appropriate Authority in considering whether to give its approval—

(a) shall consult with and take into consideration any submission from the Authority; and

59238^83—17


Hanntof

M«ncnwb« tlkeninlo

bdbfCfnMor nAualofliCMioe,

(b) may approve of the granting of the licence subject to such conditions, including the maximum duration of the licence, as it considers appropriate.

(4) The Authority shall in granting a licence under this section give effect to any condition specified by the appropriate Authority under sub-section (3).

(5) Notwithstanding anything in this section no commercial passenger vehicle shall be operated by or under contract with the State Transport Authority, the Metropolitan Transit Authority or any other public authority unless there has been paid in respect of that vehicle to the Road Traffic Authority an amount equal to the fees payable under the Motor Car Act 1958 for the registration or renewal of registration of the vehicle as a motor car.

142. (1) The Authority shall publish a notice in'the Government Gazette of every application pursuant to section 139 (2) other than an application—

{ i) in respect of a public commercial passenger vehicle; and (b) for a temporary licence for any particular purpose of limited

duration. (2) The notice referred to in sub-section (1) shall specify a day being

a day which is not less than 14 days after the publication of the notice upon which the Authority proposes to consider the application or if there are any objections to the application upon which the application will be considered by the Tribunal.

(3) Any person interested in the granting of an application may within 14 days of the publication of the notice notify the Authority in writing that he objects to the granting of the application and that he proposes to appear and give evidence before the Tribunal in accordance with the provisions of this Part.

(4) Where the Authority receives any notice of objection pursuant to sub-section (3) the Authority shall subject to sub-section (5) refer the application and any notice of objection to the granting of the application to the Tribunal for determination in accordance with this EMvision.

(5) Where the Authority receives any notice of objection pursuant to sub-section (3) the Authority may invite any person who has objected to the granting of the application and the person who has made the application to attend a conference to be conducted by the Managing Director of the Authority for the purpose of providing a forum in which those persons may discuss their respective reasons for the application or objection and where possible resolve the matter.

(6) Where any person declines to attend a conference pursuant to sub-section (5) or the matter is not resolved at the conference the Authority shall refer the application and any notice of objection to the granting of the application to the Tribunal for determination in accordance with this E>ivision.

143. (1) Before granting or refusing to grant any application for a licence to which section 142 applies the Authority or the Tribunal as

1983 Transport No, 9921 515

the case may be shall have regard primarily to the interests of the public generally including those of persons requiring as well as those of persons providing facilities for the transport of passengers, and without restricting the generality of the foregoing requirement shall take into consideration—

{a) the advantages of the service proposed to be provided, the saving of time which would be effected thereby, and the convenience (including the advantage arising from journeys not being broken) which would be afforded to the public by the provision of that service;

{b) the existing transportation service for the conveyance of passengers upon the routes or within the area proposed to be served in relation to— (i) its present adequacy and probabilities of improvement

to meet all reasonable public demands; (ii) the effect upon that existing service of the service

proposed to be provided; and (iii) the fares paid by those passengers;

(c) the benefit to any particular district or districts or to the residents thereof which would be afforded by the service proposed to be provided;

(rf) any report submitted by the council of any municipality in the municipal district of which the service is proposed to be provided;

{€) any report submitted by— (i) the Metropolitan Transit Authority; (ii) the State Transport Authority; or (iii) a regional advisory board established pursuant to

section 36; (/) the condition of the roads to be included in any proposed

route or area; ig) the character, qualifications and financial stability of the

applicant; and (/)) any other relevant matters which the Authority or the

Tribunal as the case may be considers will affect the interests of the public.

(2) Subject to this Division, the Authority or the Tribunal as the case may be may grant the application with or without variation or may refuse to grant the application.

(3) The Authority or the Tribunal shall not grant or renew a commercial passenger vehicle licence unless—

(fl) the granting or renewal of the licence is consistent with any


determination ot policy made by the Minister under section 89; or

{b) the Minister has approved the granting or renewal of the licence notwithstanding any inconsistency with a determination of policy made by him under section 89.

condiiionN 144, (1) The following shall be implied conditions of every commercial passenger vehicle licence—

{a) that the vehicle is maintained in a fit and serviceable condition;

ib) that in relation to the vehicle, the provisions of any Act or regulation thereunder with respect to— (i) the manner in which and ihe persons by whom the

vehicle may be driven and the appropriate industrial awards applicable to such persons;

(ii) the number of passengers that may be carried in the vehicle;

(iii) the construction equipment and condition of the vehicle; and

(iv) limitation of hours of driving—

are complied with; and (c) that the vehicle is not, without the consent in writing of the

Authority, operated by any person other than the owner or a person employed by the owner.

(2) Subject to such conditions as may be required by the appropriate Authority pursuant to section 141 (3), the Authority or the Tribunal as the case may be may in its discretion attach to any commercial passenger vehicle licence all or any of the following conditions, namely—

(a) that the vehicle shall operate only upon specified routes or in a specified area;

{b) that not more than a specified number of passengers shall be carried at any one time on the vehicle;

(c) that specified time-tables shall be observed; {d) that reasonable specified fares or hiring rates shall be

charged; {e) that prescribed records shall be kept;

( / ) that goods shall only be carried in accordance with the conditions specified; and

ig) such other conditions appropriate to the service to be provided as the Authority or the Tribunal as the case may be thinks proper to impose in the public interest.

Classification <>f 145. The Authority may classify vehicles into different categories vehicles having regard to the type of vehicle and the commerciat passenger


service to be provided and in respect of which categories different types of licences may be granted.

146. (1) Subject to this section the Authority may at any time c»ncciii..i«.or during the currency of a commercial passenger vehicle licence— hc cHs"""'

(a) upon its own motion and for reasons stated in writing sent to the owner of the vehicle in respect of which that licence was granted; or

(b) upon the application of the owner of the vehicle in respect of which that licence was granted—

cancel the hcence or alter the conditions attached to that licence or alter the route or area in respect of which that licence was granted.

(2) Notwithstanding anything in this section, the charter or touring condition* attached to a commercial passenger vehicle licence shall not be cancelled or altered pursuant to this section except upon the application of the owner of the vehicle in respect of which that licence was granted.

(3) The Authority shall publish a notice in the Government Gazette of every proposal or application pursuant to sub-section (I) or subsection (2) specifying a day being a day which is not less than 14 days after the publication of the notice upon which the Authority proposes to consider the application or proposal or if there are any objections to the proposal or application the objections and the proposal or the application will be considered by the Tribunal.

(4) Any person interested in the proposal or application may within 14 days of the publication of the notice notify the Authority in writing that he objects to the proposal or application and that he proposes to appear and give evidence before the Tribunal in accordance with the provisions of this Part.

(5) Where the Authority receives any notice of objection pursuant to sub-section (4) the Authority shall subject to sub-section (6) refer the proposal or application and any notice of objection to the Tribunal for determination.

(6) Where the Authority receives any notice of objection pursuant to sub-section <4) the Authority may invite any person who has objected to the granting of the application and the person who has made the application to attend a conference to be conducted by the Managing Director of the Authority for the purpose of providing a forum in which those persons may discuss their respective reasons for the application or objection and where possible resolve the matter.

(7) Where any person declines to attend a conference pursuant to sub-section (6) or the matter is not resolved at the conference the Authority shall refer the application and any notice of objection to the granting of the application to the Tribunal for determination.

147. (1) Subject to sub-sections (2) and (3), a commercial passenger Duraiion of

vehicle licence granted by the Authority or the Tribunal as the case ''"""'


Rtnewal of commercial passenger vehicle licence.

may be shall unless sooner cancelled remain in force for such period being of a duration not less than 2 years or more than 7 years as the Authority or the Tribunal as the case may be considers appropriate and which period shall be specified in the licence.

(2) Notwithstanding the provisions of sub-section (1) the Authority may grant a commercial passenger vehicle licence of a duration less than that specified in sub-section (1) where the licence is granted temporarily for a particular purpose of limited duration.

(3) Notwithstanding the provisions of sub-section (1) where a commercial passenger vehicle licence is granted in respect of a public commercial passenger vehicle the licence shall so far as it relates to the operation of that vehicle as a public commercial passenger vehicle under contract cease to have effect if the contract is terminated or is not renewed.

148. (I) A holder of a commercial passenger vehicle licence other than a licence granted temporarily for a particular purpose of limited duration may, within the period of 6 months before the day on which the licence expires apply to the Authority for the renewal of the licence.

(2) Except as otherwise provided in sub-sections (3) and (4), a renewal of a commercial passenger vehicle licence by the Authority shall be for such period being of a duration not less than 2 years or more than 7 years as the Authority considers appropriate and which period shall be specified in the licence.

(3) Where a commercial passenger vehicle licence is renewed in respect of a public commercial passenger vehicle the licence so far as it relates to the operation of that vehicle as a public commercial passenger vehicle under contract shall notwithstanding sub-section (2) cease to have effect if the contract is terminated or is not renewed.

(4) The Authority shall not except with the approval of the appropriate Authority renew a public commercial passenger vehicle licence.

(5) Subject to sub-section (4), the Authority shall grant a renewal of a commercial passenger vehicle licence for the route or area in respect of which the licence was granted to the existing holder unless for some sufficient reason specified in writing the Authority considers that—

{a) a renewal of the licence should not be granted to the existing holder; or

{b) a licence should not be granted to any person—

in respect of the route or area concerned. (6) Where pursuant to this section the Authority grants the renewal

of a public commercial passenger vehicle the renewal shall include such revised conditions as the appropriate Authority may require.

Tnnsfereor licences.

149. (1) Subject to this section, a holder of a commercial passenger vehicle licence other than a licence granted temix)rarily for a particular


purpose of limited duration may apply to the Authority for authority to transfer that licence to a person specified in the application.

(2) Where an application to the Authority for authority to transfer a commercial passenger vehicle licence pursuant to sub-section (I) is made in respect of a public commercial passenger vehicle the Authority shall not authorize the transfer of that licence unless the applicant has obtained the approval of the appropriate Authority.

(3) The Authority may, subject to sub-section (2), authorize the transfer of a commercial passenger vehicle licence if it is satisfied—

(a) that the person to whom it is proposed to transfer the licence is a suitable person having regard to his character, qualifications and financial stability; or

(b) where the person to whom it is proposed to transfer the licence is a corporation— (i) that the directors of the corporation are suitable persons

having regard to their character and qualifications; and (ii) as to the financial stability of the corporation,

(4) Where the Authority has authorized the transfer of a licence, the licence shall be transferred by the Authority upon receipt of—

(a) a transfer— (i) in the prescribed form; (ii) containing the prescribed particulars; and

(iii) executed by the transferor and the transferee; and 0) the fee payable on the transfer of a licence calculated in

accordance with the provisions of Schedule 6. (5) For the purpose of fixing the fee under this section the value of

the licence shall be the current market value of the licence as determined by the Authority at the time that it considers the application to authorize the transfer of the licence.

150. (I) A holder of a licence to operate a taxi-cab (hereafter in this section referred to as the assignor) may apply to the Authority for authority to assign to a person specified in the application (hereafter in this section referred to as the assignee) his right to operate a vehicle underthe licence for a specified period or until the expiry of the licence.

(2) The Authority may grant any application under sub-section (I) or may refuse any such application.

(3) Where the Authority grants an application under sub-section (I) the Authority shall upon payment of the prescribed fee authorize the assignment of the right to operate a vehicle under the licence.

(4) An authority under this section shall be subject to such of the following conditions as are applicable in the circumstances, namely:

(a) That an agreement containing covenants in the form of Schedule 7 or to the like effect be entered into by the assignor

520 1983 Transport No. 992!

and the assignee and a copy thereof lodged with the Authority before the assignee operates a vehicle under the assignment;

(b) That if the assignee proposes, in the course of exercising his rights under the assignment, to operate a vehicle owned by or under the control of the assignor the assignor and the assignee shall enter into an agreement approved by the Authority for leasing the vehicle for the period of the assignment of the rights under the licence;

(c) That the assignee shall for the purposes of this Envision and the regulations made under this Division have all the privileges, duties and responsibilities of the assignor as holder of the licence with respect to the operation of the vehicle under the licence—

and subject to such other conditions, Umitations and restrictions— (d) as are prescribed; or (e) as the Authority considers are appropriate.

(5) The assignee of a licence under this section shall not assign or attempt to assign his rights under the assignment.

(6) The Authority may cancel or suspend an assignment under this section where either the assignor or the assignee is convicted of an offence against this Division or the regulations made under this Division.

(7) The fee payable on the assignment of a licence pursuant to this section shall be such sum not exceeding $200 as is prescribed.

ISl. (1) Where any licensed vehicle is temporarily out of use while undergoing repair the Authority may on the application of the owner authorize him in writing to use a substitute vehicle for such period as it thinks proper and the terms and conditions of the licence in respect of the original vehicle shall extend and apply to such substitute vehicle during the period for which it is so used.

No tee piytMe. (2) No fee shall be payable in respect of the authority to use such substitute vehicle.

liie ofiuMilute vdiictet whcic Itceiued vehjcin

At to sutstilulion ofvchidei jenenUly.

152. The Authority may on the application of the owner of a licensed vehicle and on the payment of the prescribed fee authorize the owner to substitute a vehicle for the licensed vehicle and where any such substitution is authorized the terms and conditions of the licence in respect of the original vehicle shall extend and apply to the substituted vehicle for the remainder of the period for which the licence was originally granted.

At to cameltttioii ofUoeDcefbr vehiclei.

153. (I) Where the Authority is satisfied that any vehicle licensed under this Division is no longer fit and suitable for the purpose for which it is licensed or has been in use for a period longer than is prescribed in relation to vehicles of the class to which the vehicle


belongs the Authority may after notifying the owner of the licensed vehicle that the Authority proposes to cancel the licence issued in respect of the vehicle from such date as is specified in the notice cancel that licence as from that date.

(2) An owner of a licensed vehicle who is aggrieved by a decision ofthe Authority pursuant to sub-section (1) may apply to the Tribunal to have the decision ofthe Authority revoked and may appear before the Tribunal and give evidence in accordance with the provisions of this Part.

(3) The Tribunal may on an application pursuant to sub-section ( 2 ) -

(a) confirm the decision ofthe Authority; or {b) direct the Authority to revoke its decision, in which case

the Authority shall give effect to that direction. (4) The Authority may revoke any cancellation made pursuant to

sub-section (1) if the owner— (o) applies to have a suitable vehicle substituted for the vehicle

licensed under this Division; or {b) in a case where the licence is cancelled on the ground that

the vehicle licensed under this Division is no longer fit and suitable for the purpose for which it is licensed satisfies the Authority that the vehicle has been made fit and suitable for that purpose.

154. (I) The Authority or any person authorized in that behalf by Temporary

the Authority in writing (whether generally or in any particular case) may grant to the owner of any licensed vehicle a permit authorizing such vehicle to operate temporarily in any manner not specified in the licence.

(2) There shall be paid in respect of each permit granted pursuant to sub-section (1) such fee not exceeding $200 as is prescribed.

155. (I) No motor car constructed or ordinarily used for the carriage Motor can

of goods shall be used for the carriage of passengers for hire or reward ^^JJj^"J| or for any consideration or in the course of any trade or business eoodjnoitobe whatsoever unless such motor car— ^^H.^JJ'

(a) is licensed as a commercial passenger vehicle; or s^Xui!^'^ (b) is licensed under a special licence for the purpose which the *'rii«p'"p<»e.

Authority or any person authorized whether generally or in any particular case in that behalf by the Authority is hereby authorized to grant upon such conditions as it thinks fit.

(2) Sub-section (1) shall not apply in respect of a passenger who is—

(a) the owner ofthe vehicle; (b) a member ofthe owner's family and who resides in the same

household with him; {c) an employee of the owner and actually employed and


cciUAcaliSr

Rtvocaiion or suspension of licdrtce^permitor cfrTilkate.

remunerated by him in connexion with the operation of the vehicle at the time; or

(d) carried in a licensed tow truck while proceeding to a damaged or disabled motor car or while such a motor car is being lifted, carried or lowed, if the carriage of such person is not in breach of the licence relating to that tow truck.

(3) Subject to sub-section (4), the owner and the driver of any motor car which is used in contravention of this section shall be severally guilty of an offence against this Division.

(4) In any prosecution against the driver of any motor car under this section it shall be a good defence if the driver satisfies the court hearing the prosecution that he did not know that the motor car was not licensed as required by this section.

156. (1) A person who proposes to drive a commercial passenger vehicle or a commercial passenger vehicle of any specified class which pursuant to regulations made under section 162 is permitted to be driven only by the holder of a driver's certificate may apply in the prescribed form to the Authority for the granting of a driver's certificate to him.

(2) The Authority may subject to the regulations made under section 162—

(a) grant the application for a driver's certificate subject to any conditions it considers appropriate; or

(b) refuse to grant the application for a driver's certificate.

(3) Where the Authority refuses to grant an application fora driver's certificate it shall advise the applicant in writing of the reasons for that refusal.

(4) A person who drives a commercial passenger vehicle without being the holder of a driver's certificate granted to him pursuant to subsection (2) shall be guilty of an offence against this Division.


157. (1) Subject to sub-section (3), the Authority may by notice in writing to the holder of a licence, permit or certificate granted under this Division, suspend or revoke the licence, permit or cenificate on the ground that any of the conditions attached to the licence, pernnit or certificate or the provisions of this Act or the Motor Car Act 1958 applicable thereto have not been complied with, if the Authority is satisfied that because of—

(a) the frequency of; (b) the wilful commission of; or (c) the danger to the public as a result of—

the breach of those conditions or the provisions of this Act or the Motor Car Act 1958, the licence, permit or certificate should be revoked or suspended.


(2) Subject to sub-section (3), the Authority may by notice in writing suspend or revoke a licence, permit or certificate granted under this Division if it is satisfied that—

(a) any statement made to the Authority or the Tribunal as the case may be was wilfully false in any material particular; or

(b) the holder of the licence, permit or certificate is not a fit and proper person to hold that licence, permit or cenificate.

(3) The Authority shall not suspend or revoke a licence or permit pursuant to this section unless the holder of the licence or permit has been given a reasonable opportunity to appear before the Tribunal to show cause why the licence or permit should not be suspended or revoked.

(4) Where the holder of a licence or permit exercises the right to appear before the Tribunal pursuant to sub-section (3) the Tribunal shall determine whether or not the licence or permit should be suspended or revoked on the grounds specified in sub-secticns (1) or (2).

(5) Where the Authority suspends or revokes a certificate under this section the holder of the certificate may appeal against that suspension or revocation to a Magistrates* Court.

(6) Where the holder of a certificate appeals against the suspension or revocation of that certificate pursuant to sub-section (5) he shall—

(a) lodge a notice of appeal in writing with the Clerk of the Magistrates' Court nearest to his place of residence or place of business; and

ib) send a copy of the notice of appeal to the Authority—

within 28 days of the date of the notice of suspension or revocation. 158. (1) Subject to sub-section (2), the driver and the owner of any offences.

commercial passenger vehicle which operates as a commercial passenger vehicle on any highway without being authorized to so operate by a licence, permit or other authority required by or under this Division shall be severally guilty of an offence against this Division.

(2) In any prosecution against the driver pursuant to sub-section {l)it shall be a good defence ifthe driver satisfies the court hearing the prosecution that he did not know that the vehicle was not authorized to so operate.

(3) The driver and the owner of any licensed commercial passenger vehicle which operates otherwise than in accordance with the provisions or conditions of any licence, permit or other authority required by or under this Division or any regulations made under section 162 shall be severally guilty of an offence against this Division.

(4) In any prosecution under this section it shall be a good defence ifthe defendant satisfies the court that—

(a) the commercial passenger vehicle operated in contravention of this section without his knowledge; or

524 . 1983 Transport No. 9921

Onus of proof upon dd^endant in certain cases.

General penally.

Penally fi>r failure lopay hiring rale.

Regulations.

(6) the vehicle was used only in a case of emei^ency for the purpose ofcompleting a journey in substitution for a vehicle authorized to operate by a licence, permit or other authority required by or under this Division.

159. In any prosecution against the owner or driver of any commercial passenger vehicle the onus shall lie upon the defendant of proving that the passengers carried upon such vehicle were not carried for reward at separate and distinct fares for each passenger but the defendant shall not be under any obligation to discharge such onus until the informant first discharges the onus of proving that the passengers carried upon such vehicle were carried for reward,

160. (l) Subject to sub-section (2), every person guilty of an offence against this Division or any regulations made under section 162 for which a penalty is not expressly provided shall be liable—

(a) in the case of a first offence, to a penalty of not more than 2 penalty units;

ib) in thecaseofasecondoffence,toapenalty of not less than 1 penalty unit and not more than 4 penalty units; and

(f) in the case of a third or any subsequent offence, to a penalty of not less than 2 penalty units and not more than $ penalty units.

(2) The court may, in respect of any offence by a driver who is not the owner of the vehicle in question, which is a second or subsequent offence, impose less than the minimum penalty provided in sub-section (I).

161. Where any person is convicted of the offence of not paying a hiring rate in the manner prescribed in the regulations under section 162 the court before which he is convicted may in addition to any other penalty order the person to pay to the person to whom the hiring rate should have been paid an amount equal to the amount that should have been paid by way of hiring rate together with sUch compensation, as the court thinks fit, for the expense and inconvenience caused to the person to whom the hiring rate should have been paid, by the nonpayment,

162. (I) The Governor in Council may make regulations for or with respect t o ^

(a) the design and construction of commercial passenger vehicles so as to secure the safety comfort and convenience of drivers, passengers and the public;

{b) the fitting of screens equipment and warning devices on commercial passenger vehicles of such dimensions design and construction as the Authority shall approve so as to secure the safety of drivers, and the prohibiting of the operation of such equipment or devices except on prescribed occasions;

(c) prescribing and regulating in respect of vehicles (including


motor cars operating under a special licence under section I55>— (i) the conduct and duties of owners, drivers, conductors

and passengers; (ii) the dress and appearance of drivers and conductors; (iii) the fares or hiring rates to be paid by passengers, the

collection thereof and the issue of tickets; (iv) the safeguarding and disposal of lost or unclaimed

property left in or carried on such vehicles; (v) agreements between owners and drivers of such

vehicles; (vi) generally, conditions relating to the operation and use

of such vehicles; {d) prohibiting or regulating the carriage of goods in commercial

passenger vehicles; {e) the maintenance and repair of vehicles;

{/) the publication of time-tables, fares and rates in or on vehicles whether by exhibition or otherwise;

{g) prohibiting the driving of a commercial passenger vehicle of any specified class by a person not being the holder of a certificate authorizing him to drive the vehicle and prescribing— (i) a period during which any such certificate shall be in

force; (ii) the issue ofprobationary and temporary certificates; (iii) the qualifications to be required of, and the tests to be

passed by, applicants for such certificates; and (iv) fees not exceeding $50 to be paid for the testing of

applicants and the granting of certificates; (h) the form and conditions of and any particulars to be set out

in licences, permits or certificates; (0 applications for licences, permits or certificates and the

revocation or suspension thereof; ij) records to be kept in relation to vehicles; (Ar) the furnishing by owners of vehicles of statistical and other

information; (0 the refund of fees paid under this Division;

(/n) the transfer of Ucences and the prescribing of fees in connexion with such transfers;

(rt) the licensing of booking offices and depots which accept hirings on behalf of the owner of any vehicle licensed to operate as a taxi-cab or private hire car,

{o) the assignment of rights under licences, the fees to be paid


upon such assignments, the conditions to which assignments are to be subject and the cancellation or suspension of such assignments; and

(p) generally, all such matters and things as are authorized or permitted to be prescribed or aire necessary or expedient to be prescribed.for carrying this Division into effect,

(2) Any regulations made under this section— (a) may be of general or of specially limited application; (b) may differ according to differences in time, place or

circumstance; and (c) may prescribe penalties of not more than 8 penalty units for

any breach thereof.

DIVISION 6—PRIVATE OMNIBUSES

prime 163. (I) A private omnibus shall not be driven on any highway MnniiMKt. unless it is licensed in accordance with this Division.

(2) The driver and the 6wner of any private omnibus which is driven on any highway contrary to the provisions of sub-section (1) shall be severally iguilty of an offence.

Penalty: 2 penalty units, priv«e«imibiu ' 164. (1) Subject to this Division, on the application in the

prescribed form and manner of the owner or of a person who intends to become an owner of a private omnibus the Authority shall grant that owner or intending owner a private omnibus licence in respect of that omnibus. .

(2) A private omnibus licence— {a) shall be in the prescribed form; ib) shall be granted for a period of 1 year; and (c) shall on the application in the prescribed form and manner

of the holder of the licence from time to time be renewed by the Authority for a further period of 1 year.

SulttbUityof .. 165. Nothing in this Division shall require the Authority to grant or renew a private omnibus licence in respect of a private omnibus which the Authority is not satisfied is fit and suitable for use as a private omnibus.

166. (1) The Governor in Council may make regulations for or with respect to—

{a) the design and construction of private omnibuses; (b) the maintenance and repair of private omnibuses; (c) the form of and any particulars to be set out in a private

omnibus licence; {d} the form of an application for a private omnibus licence

and for renewal thereof; and


(e) penalties not exceeding 8 penalty units for any breach of the regulations.

(2) The provisions of— (a) sections 151, 152, 153 and 156; and

{b) any other section in Division 5 of this Part which the Governor in Council may by regulation specify—

shall apply to and in relation to a private omnibus as if it were a commercial passenger vehicle.

(3) Any regulations made under this section— (a) may be of general or of specially limited application; and (b) may differ according to diflferences in time, place or

circumstance.

DIVISION 7—HIREANDDRIVEOMNIBUSES

167. (1) A hire and dr ive o m n i b u s shall not be dr iven on any highway unless it is licensed in accordance with this Divis ion. omnibus«

(2) The driver and the owner of any hire and drive omnibus which is driven on any highway contrary to the provisions of sub-section (1) shall be severally guilty of an offence and liable to a penalty not exceeding 2 penalty units.

(3) The driver and the owner of any hire and drive omnibus which is operated as a commercial passenger vehicle without being licensed as a commercial passenger vehicle under Division 5 or without a special licence for the purpose which the Authority is hereby authorized to grant upon such conditions as it thinks fit shall be severally guilty of an offence and liable to a penalty not exceeding 2 penalty units.

168. (1) Subject to this Division, on the application in the Hire and drivr

prescribed form and manner of the owner or of a person who intends <"""''»'=« ii«n«s to become an owner of a hire and drive omnibus the Authority shall grant that owner or intending owner a hire and drive omnibus licence in respect of that omnibus.

(2) A hire and drive omnibus licence— (a) shall be in the prescribed form;

(b) shall be granted for a period of 1 year; and (c) shall on the application in the prescribed form and manner

of the holder of the licence from time to time be renewed by the Authority for a further period of 1 year.

169. Nothing in this Division shall require the Authority to grant Suiubililyofhire

or renew a hire and drive omnibus licence in respect of a hire and drive '^^^l omnibus which the Authority is not satisfied is fit and suitable for use as a hire and drive omnibus.


Regulaiions. 170. (1) The Governor in Council may make regulations for or with respect to—

(a) the design and construction of hire and drive omnibuses; {b) the maintenance and repair of hire and drive omnibuses; (c) the form of and any particulars to be set out in a hire and

drive omnibus licence; (rf) the form of an application for a hire and drive omnibus

licence and for renewal thereof; and {€) penalties not exceeding 8 penalty units for any breach of the

regulations.

(2) The provisions of— (a) sections 151, 152, 153 and 156; and {,b) any other section in Division 5 of this Part which the

Governor in Council may by regulation specify—

shall apply to and in relation to a hireanddriveomnibusasif it werea commercial passenger vehicle.

(3) Any regulations made under this section— (a) may be of general or of specially limited application; and ib) may differ according to differences in time, place or

circumstance.

Tovr irucki 10 bt licensed.

Applkation Tor low midt UoenWr

DIVISION 8—TOW TRUCKS

171. A tow truck shall not operate on any highway unless it is authorized to so operate by a licence granted in accordance with this Division.

172. (1) Subject to this Division, on the application in the prescribed form of—

(a) the owner; or {b) the person who intends to become the owner—

of a tow truck and on the payment of the prescribed fee the Authority may in respect of that tow truck grant that owner or intending owner a tow truck licence or a renewal of that tow truck licence.

(2) The Authority shall publish a notice in the Government Gazette of every application other than for a renewal pursuant to sul>section (l)specifyingadaybeingaday which is not less than 14 days after the publication of the notice upon which the Authority proposes to consider the application or if there are any objections to the application upon which the application will be considered by the Tribunal.

(3) Any person interested in the granting of an application may within 14 days of the publication of the notice notify the Authority in writing that he objects to the granting of the application and that he


proposes to appear and give evidence before the Tribunal in accordance with the provisions of this Part.

(4) Where the Authority receives any notice of objection pursuant to sub-section (3) the Authority shall, subject to sub-section (5), refer the application and any notice of objection to the Tribunal for determination in accordance with this Division.

(5) Where the Authority receives any notice of objection pursuant to sub-section (3) the Authority may invite any person who has objected to the granting of the application and the person who has made the application to attend a conference to be conducted by the Managing Director of the Authority for the purpose of providing a forum in which those persons may discuss their respective reasons for the application or objection and where possible resolve the matter.

(6) Where any person declines to attend a conference pursuant to sub-section (5) or the matter is not resolved at the conference the Authority shall refer the application and any notice of-objection to the granting of the application to the Tribunal for determination in accordance with this Division.

173. {!) The Authority or the Tribunal shall not grant or renew a oramingoftow tow truck licence unless— '"^'''"™'

(a) the granting or renewal of the licence is consistent with any determination of policy made by the Minister under section 89; or

{b) the Minister has approved the granting or renewal of the licence notwithstanding any inconsistency with a determination of policy made by him under section 89.

(2) The Authority or the Tribunal in determining whether to grant or renew a tow truck licence and the Minister in determining whether to approve the granting or renewal of a tow truck licence shall have regard primarily to the interests of the public generally including the interests of persons requiring as well as of persons providing tow truck facilities.

174. (1) A tow truck licence shall— Formand duraiion of tow

{a) be in the prescnbed form; truckiicenc« (6) contain the prescribed-particulars; (c) contain such conditions as the Authority or the Tribunal

considers appropriate; and (d) unless cancelled or suspended pursuant to this Division

continue in force for the period being not less than 1 year or more than 4 years as determined by the Authority or the Tribunal and specified in the licence.

(2) The Authority may on the application of the owner of a licensed tow truck and on the payment of the prescribed fee authorize the owner to substitute a tow truck for the licensed tow truck and where any such substitution is authorized the terms and conditions of the licence in respect of the original tow truck shall extend and apply to the substituted


tow truck for the remainder of the period for which the licence was originally granted.

condiiioniofiow 175. (1) The foUowing shall be implied conditions of every tow truck iKtncc. (1^^^ liccnce—

(a) that before a signature is obtained on the authority to tow there shall be entered on the form the full address of the place to which the motor car is to be removed and, where the place bears a name, the full name of the place;

(b) that all reasonable precautions be taken to prevent loss of or from or damage to a damaged motor car while being lifted and carried or towed by the tow truck or stored under the control of the owner ofthe tow truck;

(c) that the damaged motor car shall be removed from the scene of the accident by a tow truck only to the place specified in the authority to tow;

(d) that a motor car which has been removed to the place specified in the authority to tow shall not, unless it is being returned to the owner of the motor car or the agent authorized in writing by the owner, be removed to another place without the separate written authority ofthe owner or agent;

(e) that where a damaged motor car is removed to a place which is under the control of the holder of a tow truck licence and the prescribed charges, or where no charges are prescribed, reasonable charges in respect of towing and storage and when repair work has been authorized repairs so authorized have been paid or tendered, delivery of the motor car to the owner or to an agent authorized in writing by him shall not be refused upon request during ordinary business hours;

( / ) that no person other than a person certificated by the Authority to drive the tow truck shall accompany the driver of the tow truck while proceeding to a damaged or disabled motor car and that, while that motor car is being lifted, carried or towed, no person other than a person so certificated or a person who was the driver of or passenger in that damaged or disabled motor car shall accompany the driver ofthe tow truck;

ig) that no person other than the driver of a tow truck which is present at the scene of an accident shall obtain or attempt to obtain any form of authority whether written or not for the removal of a damaged motor car from the scene of such accident;

(A) that the tow truck shall not be left standing on a highway in a manner that could cause any obstruction or for longer

be carried out I owner's

1983 Transport - No. 9921 53J

than is necessary to obtain authority for the removal of a damaged motor car from the scene of an accident; and

((') that the tow truck shall not be used to lift and carry or tow a damaged motor car where any person is travelling as a passenger in that motor car.

(2) Where in respect of any journey in a tow truck to a damaged motor car an offer to tow or the towing of a damaged motor car by a tow truck or the storage of such motor car while awaiting repair there is failure to comply with any of the conditions specified in sub-section ( 0 -

(a) the owner ofthe tow truck; and {b) the driver ofthe tow truck or any other person responsible—

shall be guilty of an offence against this Division.

176. (I) Where repair work on a damaged motor car is commenced uortxmrwtvio or carried out without the approval in writing ofthe owner ofthe motor ^ ,^^ ' car or his authorized agent any person who is responsible for the »w>rovaj. commencement or carrying out of unauthorized repair work shall be guilty of an offence against this Division.

(2) No person shall be entitled to sue for or recover any sum or charge for commencing or carrying out any unauthorized repair work referred to in sub-section (1), and if any sum or charge is recovered the person on whose behalf it is so recovered shall, unless he repays it forthwith, be guilty of an offence against this Division.

177. Any person who obtains or attempts to obtain an authority otxainim from any other person for the repair of a damaged motor car— re^lTa'/mnt of

(a) at the scene ofan accident; or JTs't^^lo'C (b) at any time prior to the motor car being stored at the address '"^ *"'

mentioned in the authority to tow—

shall be guilty ofan offence against this Division.

178. (1) Anypersonwho— No™sid«a)ion 10 be laid for (a) so as to obtain any work in respect of a damaged motor car obuinin or

tr ^ handiftgavcf any offers to pay or pays; or work Jmp«« of (b) so as to hand over any work to another in respect of a ^r.

damaged motor car receives—

any consideration whatsoever other than the prescribed sum or where no sum is prescribed a reasonable sum for the towing and where applicable the salvage or storage of the damaged motor car shall be guilty ofan offence against this Division.

(2) Any person who charges any sum other than the prescribed sum or where no sum is prescribed a reasonable sum for the towing and where applicable the salvage or storage of a damaged motor car shall be guilty ofan offence against this Division.


Driver's certificates.

Chan^ of Direciofs.

Power lo revoke or suspendlow (ruck lictnces.

179. (1) A person shall not drive a tow truck unless he is the holder of a driver's certificate granted to him by the Authority,

(2) A person may apply in the prescribed manner and form to the Authority for a driver's certificate authorizing him to drive a tow truck.

(3) The Authority may subject to the regulations made under section 185—

(a) grant the application for a driver's certificate subject to any conditions it considers appropriate; or

(b) refuse to grant the application for a driver's certificate.

(4) Where the Authority refuses to grant an application for a driver's certificate it shall advise the applicant in writing of the reasons for that refusal.

(5) A person who drives a tow truck in contravention of sub-section (1) shall be guilty of an offence against this Division.


180. (1) Where a corporation is the owner or one of the owners of a tow truck and the corporation is the holder of a tow truck licence under this Division it shall be an implied condition of the tow truck licence that the corporation shall notify the Authority within seven days of any change in the persons who constitute the directors of that corporation.

(2) For the purposes of section 181 (2) (b) every person who is or becomes a director of a corporation within the meaning of sub-section {1) shall be deemed to be the holder of the tow truck licence held by that corporation.

181. (1) Subject to sub-section (3), the Authority may revoke or suspend a tow truck licence or a driver's certificate on the ground that any of the conditions attached to the licence or certificate have not been complied with and the Authority is satisfied that because of—

(a) the frequency of; (b) the wilful commission of; or (c) the danger to the public as a result of—

the breach of the conditions, that the tow truck licence or driver's certificate should be revoked or suspended.

(2) Subject to sub-section (3), the Authority may revoke or suspend a tow truck licence or driver's certificate if the Authority is satisfied that—

(a) any statement made to the Authority in connexion with the application for the tow truck licence or the driver's certificate was wilfully false in any material particular; or

(b) the holder of the tow truck licence or driver's certificate is not a fit and proper person to hold that licence or certificate.


(3) The Authority shall not revoke or suspend a tow truck licence pursuant to this section unless the holder of the tow truck licence has been given a reasonable opportunity to appear before the Tribunal to show cause why the tow truck licence should not be revoked or suspended.

(4) Where the holder of a tow truck licence exercises the right to appear before the Tribunal pursuant to sub-section (3) the Tribunal shall determine whether or not the licence should be suspended or revoked on the grounds specified in sub-sections (1) or (2).

(5) Where the Authority suspends or revokes a driver's certificate under this section the holder of the certificate may appeal against that suspension or revocation to a Magistrates' Court.

(6) Where the holder of a driver's certificate appeals against the suspension or revocation of that certificate pursuant to sub-section (5) he shall—

{a) lodge a notice of appeal in writing with the Oerk of the Magistrates' Court nearest to his place of residence or place of business; and

{b) send a copy of the notice of appeal to the Authority—

within 2S days of the date of the notice of suspension or revocation. 182. (1) A holder of a tow truck licence may apply in the prescribed Tmnftfofw*

form and manner to the Authority for authority to transfer the licence '™^''""^ to a person specified in the application.

(2) The Authority may authorize the transfer of the tow truck licence ifit is satisfied—

{a) that the person to whom it is proposed to transfer the tow truck licence is a suitable pei^n having regard to his character, qualifications and financial stability; or

{b) where the person to whom it is proposed to transfer the tow truck licence is a corporation— (i) that the directors of the corporation are suitable persons

having regard to their character and qualifications; and (ii) as to the financial stability of the corporation.

(3) Where the Authority has authorized the transfer of the tow truck licence, the licence shall be transferred by the Authority upon receipt of—

{a) a transfer— (i) in the prescribed form; (ii) containing the prescribed particulars; and (iii) executed by the transferor and the transferee; and

{b) the prescribed fee payable on the transfer. 183. (1) The driver and the owner ofany tow truck which operates cMimceio

otherwise than in accordance with this Division or the conditions of cvntnveniiMi of Oiviiion.

534 1983 Transport No. 992 J

the tow truck licence granted in respect of that tow truck or any regulations rhade under this E>ivision shall be severally guilty of an offence against this Division.

(2) In any prosecution under this section it shall be a good defence if the defendant satisfies the court that the vehicle operated in contravention of this section without his knowledge.

Ptnaiiies. 184. (!) Subjcct to this section, every person guilty of an offence against this Division or any regulation made under this Division for which a penalty is not expressly providied shall be liable—

(a) in the case of a first offence, to a penalty of not more than 2 penalty units;

(b) in the case of a second offence, to a penalty of not less than 1 penalty unit and not more than 4 penalty units;

(c) in the case of a third or any subsequent offence, to a penalty of not less than 2 penalty units and not more than 8 penalty units.

(2) The court may, in respect of any offence by a driver who is not the owner of the vehicle in question, impose (in the case of a second or subsequent offence) less than the minimum penalty provided in sub-section (1).

(3) The court shall, in respect of any offence by the owner of a tow truck which is not licensed under this Division impose in addition to any penalty imposed under sub-section (I) a further penalty equal in amount to the licence fee then payable in respect of a tow tnick licence.

Rttuiitions. 185. (1) The Governor in Council may make regulations for or with respect to—

(a) generally regulating and controlling the operation of tow trucks and without prejudice to the generality of the preceding words, for or with respect to— (i) the establishment, functions, duties and method of

operation of Allocation Centres in controlled areas; (ii) notwithstanding the licence rights of a tow truck licence

holder declaring any area to be a controlled area; (iii) generally regulating and controlling the towing of

damaged motor cars by tow trucks; (iv) prescribing the circumstances in which and conditions

under which the operators of tow trucks may tow or offer to tow d a m p e d motor cars;

(v) prohibiting the operator of a tow truck from attending at the scene of an accident in a controlled area for the purpose of towing or offering to tow a damaged motor car unless authorized by an Allocation Centre;

(vi) fixing the amounts to be charged by operators of tow trucks for the towing and storage of damaged motor cars and any conditions in respect thereof;

(vii) the receipt of or the payment or offer to pay of any


consideration for furnishing information or advice as to the occurrence of any accident involving a motor car or the presence of a damaged motor car in controlled areas;

(viii) the establishment of a steering committee to advise the Minister with respect to the operation of Allocation Centres; and

(ix) the membership, functions and duties of the steering committee referred to in sub-paragraph (viii);

(b) the design, construction, equipment, maintenance and repair of tow trucks;

(c) the conduct and duties of owners of tow trucks including the keeping of records, the publication of rates and charges and the furnishing of statistical and other information;

{d) prescribing the particulars to be included in applications for the granting or renewal of tow truck licences and applications for driver's certificates;

(e) prescribing the fee not exceeding $ 1000 to be paid in respect of the granting or renewal of tow truck licences;

( / ) the transfer of tow truck licences and prescribing the fee not exceeding $1000 in respect thereof;

(g) prescribing the duration of driver's certificates and the qualifications to be required of and the tests to be passed by applicants for such certificates and prescribing conditions which the Authority may attach to such certificates;

(h) prescribing the fee not exceeding $50 to be paid in respect of the testing of applicants and the granting of driver's certificates;

{)*) the refund of any fees paid under this Division; 0) prescribing forms for the purposes of this Division; and {k) generally, all such matters and things as are authorized or

permitted to be prescribed or are necessary to be prescribed for carrying this Division into effect,

(2) Any regulations made under this section— (a) may be of general or of specially limited application; {b) may differ according to differences in time, place or

circumstances; and (c) may prescribe penalties of not more than 8 penalty units for

any contravention of or failure to comply with the regulations.

DIVISION 9—COMMERCIAL GOODS VEHICLES 186. A commercial goods vehicle shall not operate on any highway commtKiai

unless it is authorized to so operate by a licence or permit granted in ^rafunkS' accordance with this Division. wthoriied.


Resifktiod on the carriBtcofocrtitD

ApplicaUon for 187. ( I ) Subject to this Division, on the application in the To^rvS^ic prescribed form o f -"""" (a) the owner; or

{b) a person who intends to become the owner—

of a commercial goods vehicle before or at the t ime of obtaining the registration or renewal of registration of that vehicle in accordance with the Motor Car Act 1958 the Authority shall in respect of that vehicle grant that owner or intending owner a commercial goods vehicle licence.

(2) A licence granted under sub-section (1)— {a) shall take the form of an appropriate endorsement on the

certificate of registration issued in respect of the vehicle under the Motor Car Act 1958;

{b) shall take effect at the same t ime as the registration or renewal of registration (as the case may b e ) takes effect; and

(c) shall continue in force during the period of registration or of renewal of registration (as the case may be).

188. (1) A c o m m e r c i a l g o o d s vehicle in respect of which a licence has been granted under this Division shall not be used for the carriage ofgoods—

(a) of any of the classes, kinds or descriptions mentioned in column one of Part A of Schedule 8 beyond such radius from the place of consignment of the goods as is specified in relation to those goods in column two of Part A of Schedule 8; or

{b) of any of the classes, kinds or descriptions ment ioned in column one of Part B of Schedule 8 from such place as is specified in relation to those goods in column two of Part B of Schedule 8 to such place as is respectively so specified—

unless the owner of that vehicle has been granted a permit for that purpose under section 189.

(2) Nothing in sub-section (1) shall apply to a commercial goods vehicle owned by a primary producer and used solely for the c a m i ^ e of goods and produce in connexion with his business as a primary producer or goods for his own use or for the use of any member of his household or any person in his employ.

permiu, 189. (1) Subjcct to this Divisiott, the Authority may, on the application in the prescribed form of the owner of a commercial goods vehicle licensed under this Division grant to that owner a permit authorizing the commercial goods vehicle to operate in any m a n n e r not permitted by the licence and specified in the permit subject to such condi t ions as the Authority specifies in the permit.

(2). A permit shall not be granted under sub-section (1) in respect of a commercial goods vehicle unless—

{a) the granting of the permit is consistent with any


determination of policy made by the Minister under section 89; or

(b) the Minister has approved the granting of the permit notwithstanding any inconsistency with a determination of policy made by him under section 89.

(3) The Authority in determining whether to grant a permit under sub-section (1) in respect of any vehicle and the Minister in determining wheiher to approve the granting of any such permit pursuant to subsection (2) shall have regard primarily to the interests of the public generally including the interests of persons requiring as well as of persons providing facilities for the transport of goods.

190. A permit granted pursuant to section 189(l)shall— Formed , , , . , •, • f. duraiionof {a) be m the prescribed form; ucmiiis. {b) contain the prescribed particulars; (c) continue in force for the period not exceeding I year as is

determined by the Authority and is specified in the permit; and

{d) not be issued unless the prescribed fee has been forwarded to the Authority.

191. (I) The Authority or any person authorized in that behalf by TempoTaiy

the Authority in writing whether generally or in any particular case nhTdef"' may grant to the owner of any commercial goods vehicle registered in regisieredoutside any other State or any Territory of the Commonwealth a permit authorising the vehicle to operate in Victoria in the same manner as it could if that vehicle were licensed under this Division subject to such conditions as the Authority or the authorized person specifies in the permit.

(2) Apermitgranted pursuant tosub-section(l)shali— (a) be in the prescribed form; {b) contain the prescribed particulars; (c) continue in force for such period not exceeding I year as is

determined by the Authority and is specified in the permit; and

{d) not be issued unless the prescribed fee has been forwarded to the Authority.

192. (1) Wheregoodsarecarriedinstagesfromoneplacetoanother ca rriagf of £oods

on different vehicles (whether operated by the same or different owners) ''>"=* ' the carriage of those goods shall be a contravention of this Division in respect of the carriage for each stage unless at least one of the vehicles engaged on one stage of the carriage of the goods was authorized under this Division to carry the goods for hire or reward over all the stages over which the goods were carried and the owner and driver of each vehicle which is used for the carriage of the goods over any one of those stages shall be guilty of an offence against this Division and shall for all

Victoria.


TfBiKfrrof Ikrnccs and penniis.

Odtncelo Qpenlc in C0nlr4vti\vi<>n of Division.

Penalties for operating in coitlrsveniion of ihis DivisjoDr

purposes be deemed to have carried the goods over all of the stages over which the goods were carried.

(2) This section shall apply notwithstanding that but for this section the carriage of the goods by road over each stage may have been lawful

(3) It shall be a defence to a prosecution for an offence against this section if the defendant satisfies the court that he did not know and could not reasonably have been expected to know that the carriage of the goods was to be continued on another vehicle or that the goods had been carried on another vehicle over a prior stage of the journey.

193. Where the registration of any commercial goods vehicle is transferred in accordance with the A/owr Car .4c( 1958 from the name of one person to the name of another person—

(a) any licence granted to the first-mentioned person by the Authority under section 187 shall, upon application made to it in the prescribed form by that person and upon payment of the prescribed fee, be transferred by the Authority to the second-mentioned person; and

{b) unless the Authority otherwise deterinines in any particular case, any other licence or permit granted to the first-mentioned person by the Authority under this Division shall cease to have any force or effect.

194. (1) Subject to sub-section (2), thedriverandtheownerofany commercial goods vehicle which—

(a) operates as such on any highway; and {b) is not as required by this Division authorized by licence or

permit to operate as such—

shall be severally guilty of an offence against this Division. (2) In any prosecution against the driver of a commercial goods

vehicle under sub-section (1) it shall be a good defence if the driver satisfies the court that he did not know that the vehicle was not authorized as required by this Division to so operate.

(3) The driver and the owner of any commercial goods vehicle licensed under this Division which operates otherwise than in accordance with this Division or any licence or permit granted under this Division or any regulations made under this Division shall be severally guilty of an offence against this Division.

(4) In any prosecution under this section it shall be a good defence if the defendant satisfies the court that the vehicle operated in contravention of this section without his knowledge,

195. (1) Subject to this section, every person guilty of an offence against this Division or any regulation made under this Division for which a penally is not expressly provided shall be liable—

{a) in the case of a first offence, to a penalty of not more than 2 penalty units;

ib) in the case of a second offence, to a penalty of not less than 1 penalty unit and not more than 4 penaltyunits;

(c) in the case of a third or any subsequent offence, to a penalty


of not less than 2 penalty units and not more than 8 penalty units.

(2) The court may, in respect of any offence by a driver who is not the owner of the vehicle in question, impose (in the case of a second or subsequent offence) less than the minimum penalty provided in sub-section (1).

196. (I) The Governor in Council may by Order amend Schedule Powtnoamtnd „ Schcduk.

(a) by deleting from column one of Part A of that Schedule a class, kind or description of goods and the radius specified in relation to those goods in column two of Part A of that Schedule;

{b) by increasing the radius specified in column two of Part A of that Schedule in relation to any class, kind or description of goods mentioned in column one of Part A of that Schedule;

{c) by deleting from column one of Part B of that Schedule a class, kind or description of goods and the particulars of transportation specified in relation to those goods in column two of Part B of that Schedule; or

{d) by amending the particulars of transportation specified in column two of Fart B of that Schedule in relation to any class, kind or description of goods mentioned in column one of Part B of that Schedule in such a manner as to render the restrictions imposed by this Part on the carriage of any such goods less stringent.

(2) An Order made by the Governor in Council under this section shall take effect from such day as is specified in the Order being a day not earlier than the day on which the Order is published in the Government Gazette pursuant to sub-section (I).

(3) A copy of every Order made under this section shall be laid before both Houses of Parliament as soon as practicable after it is made.

197. (1) The Governor in Council may make regulations for or Reminioni, with respect to—

(a) generally regulating and controlling the operation of commercial goods vehicles;

{b) the maintenance and repair of commercial goods vehicles and the conduct and duties of owners thereof;

(c) the design, construction and equipment of commercial goods vehicles or any class or classes of such vehicles;

((/) the qualifications, testing and certification of drivers of

540 1^83 Transport No. 9921

commercial goods vehicles or any class or classes of such vehicles;

{€) records to be kept in relation to commercial goods vehicles and the goods carried by such vehicles;

( / ) the furnishing by owners of commercial goods vehicles of statistical and other information;

{g) the publication of time-tables and rates whether by exhibition in or on commercial goods vehicles or otherwise;

(/)) prescribing the particulars to be included in applications for licences and permits under this Division and applications for the transfer of such licences and permits;

{() prescribing conditions to be implied in permits; (y ) prescribing conditions which the Authority may attach to

permits; {k) prescribing the fee not exceeding $200 for the granting of

permits; ( / ) the refund of fees paid under this Division; (m) prescribing forms for the purposes of this Division; and («) generally, all such matters and things as are authorized or

permitted to be prescribed or are necessary to be prescribed for carrying this Division into effect.

(2) Any regulations made under this section— (a) may be of general or of specially limited application; (b) may differ according to differences in time, place or

circumstances; and (c) may prescribe penalties of not more than 8 penalty units for

any contravention of or failure to comply with the regulations.

DIVISION 10—PASSENGER FERRY SERVICES

intapttutian. 198- (1) In this Division— "Passenger ferry" means a vessel which is used or is intended

'^' to be used as a means of transjxjrtation of passengers or passengers and vehicles along a regular hxed route on any Victorian waters for hire or reward or for any valuable consideration but does not include a vessel— (a) used or intended to be used on a regular basis for the

transportation of passengers in connexion with a fishing excursion in a vessel licensed for that purpose under the Fisheries Act 1968; or

(b) which is available on a regular basis for charter for a particular trip or excursion.

1983 Transport ] No. 9921 541

"Victorian waters" means any lake, river or water-course in •vioonsn Victoria and any part of the sea within a distance of 3 miles ****"" from any part of the coast of Victoria or any estuary or inlet of the sea.

(2) The provisions of this Division shall apply to any passenger Appdaiionor ferry service operated by the council of a municipality pursuant to Part ^"'"o" XXXI. of the Local Government Act 1958.

(3) The provisions of this Division shall be construed as being in consimctionof addition to and not in derogation from the provisions of the Marine p™"'"™ Act 1958, the Motor Boating Act 1961 or any other Act or regulations for or with respect to the licensing of boats and the regulation of the use of Victorian waters.

199. (1) A passenger ferry shall not operate on any Victorian waters PtaenvrTan unless it is licensed in accordance with this Division. SJH ik^ ,

(2) Subject to this Division, on the application to the Authority of—

(a) the owner; or {b) a person who intends to become the owner—

of a passenger ferry the Authority may in respect of that ferry grant that owner or intending owner a passenger ferry licence.

200. An application for a passenger ferry licence shall specify— Appikaikmior (a) the routes or area upon or in which it is intended that the

passenger ferry is to operate; (b) a description ofthe passenger ferry; (c) the maximum number of passengers and vehicles to be

carried at any one time on the passenger ferry; (d) the fares proposed to be chained; {e) the particulars of any licence required to be held under the

Marine Act 1958 and evidence ofthe seaworthiness ofthe passenger ferry;

( / ) the qualifications held by the master ofthe passenger ferry; and

(g) such other particulars as may be prescribed.

201. (I) The Authority shall not grant a licence pursuant to section Detmnin.iiorof 199 (2) unless the applicant has obtained the approval ofthe appropriate "p"'*"'™* Authority.

(2) The appropriate Authority in considering whether to give its approval shall have regard to—

(a) co-ordination with other transport services; (6) the frequency and reliability of the service to be provided;

and (c) any written determinations of policy made by the Minister

pursuant to section 89.


Hearing or applications.

Graniinguf licent^s.

Form and duration of liceuCK.

202. (1) The Authority shall publish a notice in the Governmenl Gazette of every application pursuant to section 199 specifying a day being a day which is nol less than fourteen days after the publication of the notice upon which the appropriate Authority proposes to consider the application referred to in the notice.

(2) Any person interested in the granting of an application may within fourteen days of the publication of the notice notify the Authority in writing that he objects to the granting of the application and that he proposes to appear and give evidence before the appropriate Authority:

203. (1) Subject to this Division, the appropriate Authority may approve with or without variation or may refuse to grant an application pursuant to section 199.

(2) The appropriate Authority may in its discretion attach to any passenger ferry licence all or any of the following conditions;

(a) That the passenger ferry shall operate only upon the specified routes or specified areas;

{b) That not more than the specified number of passengers and vehicles shall be carried at any one time;

ic) That reasonable specified fares or hiring rates shall be charged; and

id) Such other conditions appropriate to the passenger ferry service as the appropriate Authority thinks proper to impose in the public interest,

204. (1) A passenger ferry licence shall be issued by the Authority upon the payment of the prescribed fee and—

(a) shall be in the prescribed form; {b) shall specify the conditions subject to which it is granted; {c) shall be granted for such period being of a duration of not

less than 2 years or more than 7 years as the appropriate Authority considers appropriate and which period shall be specified in the licence.

(2) A holder of a passenger ferry licence may within the period of six months before the day on which the licence expires apply to the Authority for the renewal of the licence.

(3) A renewal of a passenger ferry licence by the Authority shall be for such period being of a duration of not less than 2 years or more than 7 years as the Authority considers appropriate and which period shall be specified in the licence.

(4) The Authority shall subject to the approval of the appropriate Authority grant a renewal of a passenger ferry licence for the route or area in respect of which that licence was granted to the existing holder unless for some sufficient reason specified in writing the Authority considers thai—

(a) a renewal of the licence should not be granted to the existing holder; or


(b) a licence should not be granted to any person—

in respect of the route or area concerned.

(5) A holder of a passenger ferry licence may apply to the Authority for authority to transfer the licence to a person specified in the application.

(6) The Authority shall authorize the transfer of the licence if it is satisfied that the person to whom it is proposed to transfer the licence is a suitable person having regard to his character, qualifications and financial stability.

(7) Where the Authority has authorized the transfer of a licence, the licence shall be transferred by the Authority upon receipt of a transfer in the prescribed form and the payment of the prescribed fee.

205. The Authority may upon the application of the owner of a suteihuiionor licensed passenger ferry and upon payment of the prescribed fee """' authorize the owner to substitute a passenger ferry for the licensed passenger ferry and where any such substitution is authorized the terms and conditions of the licence in respect of the original passenger ferry shall extend and apply to the substituted passenger ferry for the remainder of the period for which the licence was originally granted.

206. (1) Where the Authority is satisfied that a passenger ferry c«ft«ii.iioi>, licensed under this Division is no longer fit and suitable for the purpose "^5^"^^ the Authority may after notifying the owner of the licensed passenger ii«n« ferry that the Authority proposes.to cancel the licence issued in respect of the passenger ferry from such date as is specified in the notice cancel that licence as from that date.

(2) The Authority may by notice in writing to the owner of the licensed passenger ferry suspend or revoke the licence on the ground that any of the conditions attached to the licence or the provisions of this Act applicable thereto have not been complied with, if the Authority is satisfied that because of—

(a) the frequency of; (b) the wilful commission; or (c) the danger to the public as a result of—

the breach of those conditions or provisions, the licence should be revoked or suspended.

(3) Where the Authority cancels, suspends or revokes a licence under this section the owner of the licensed passenger ferry may appeal against that decision to a Magistrates' Court by—

(a) lodging a notice of appeal in writing with the Clerk of the Magistrates' Court nearest to his place of residence or place of business; and

(b) sending a copy of the notice of appeal to the Authority—

within 28 days of the date of the notice of cancellation, suspension or revocation.

544 1983 Transport No . 9921

Reggiations, 207. (1) The Governor in Council may make regulations for or with respect to—

(a) prescribing fees not exceeding $200 for the purposes of this Division;

{b) conditions relating to the operation and use of passenger ferries and the conduct and duties of owners and passengers;

(c) the publication of time-tables, fares and rates; {d) applications for passenger ferry licences and the transfer or

renewal thereof; {e) penalties not exceeding 8 penalty units for any breach of the

regulations; and ( / ) generally, all such matters and things as are authorized or

permitted to be prescribed or are necessary or expedient to be prescribed for carrying this Division into effect.

(2) Any regulation made under this section— (a) may be of general or of specially limited application; and (6) may differ according to differences in time, place or

circumstances.

PART V M . — P R O S E C U T I O N S , ENFORCEMENT A N D PENALTIES

DIVISION 1—INTERPRETATIONS

inlcrpretations. 208. In this Part unless inconsistent with the context or subject-matter—

"AuihoriKd " A u t h o r i z e d officer" m e a n s a person w h o m a y take proceedings offi'". • for any breach of regulations m a d e u n d e r section 93 pursuan t

tosection97(l)or97(2). •'[(ifringcmcni." " In f r ingement" means a parking infringement, a traffic

infringement or a transport infringement. "Motorcar" "Motor Car" means a motor car within the meaning of the

Motor Car Act 1958 and includes a trailer. •Owner," "Owner"—

(a) where the vehicle is a motor car, means the person in whose name the motor car is registered under the Motor Car Act 1958 or any Act or Ordinance of any State or Territory of the Commonwealth corresponding to that Act (whether the property in the motor car is vested in him or not); and

(b) where the vehicle is not a motor car, includes a sole owner, joint owner or part owner of the vehicle or any person who has the possession and use thereof under or subject to a hire-purchase agreement or bill of sale or like instrument.


"Parking infringement" means the parking or leaving standing -Parking of a vehicle (whether unattended or not) in contravention '''f"'«<"*"'" of— (a) any regulation made under section 93; (b) section 555AofthQ Local Government Act 1958; or (c) any provision of any other Act or of any rule, regulation

or by-law under any other Act. "Prosecution officer" means a person appointed for the purposes "ProMrcuiion

of this Pan by the Chief Commissioner of Police or a person "*"'" who may take proceedings for any breach of a regulation made under section 93 pursuant to paragraph (b), (c) or (rf) of section 97(1).

"Traffic infringement" means— "TiafiK ~, , . . . - , inffingtrntnt."

(a) any offence (not bemg a parking infnngement) against any regulations made under section 93;

(b) any offence against— (i) section I7(l)(rf);

(ii) Divisions 1 and 2 of Part IV.; (iii) section 79; (iv) section 83 (I); (v) any regulations made under section 93— of ihe Motor Car Act 1958;

(c) any offence against Part III. of the A/o^or Car <:( 1958 relating to the driving of a motor car— (i) without being licensed; or

(ii) without an appropriately endorsed licence—

but not including the offence referred to in section 28 ofthat Act;or

id) any offence against section 3 (I) or 3c of the Litter Act 1964 relating to throwing down or dropping litter from a motor car on a highway.

DIVISION 2—INFRINGEMENTS

209. (I) When any parking infringement occurs in relation to any Liabimyofowner vehicle the person who at the time of the occurrence of the parking ^^1^'"'*^ infringement is the owner of the vehicle shall by virtue of this section infriiwnnentt be and be deemed to be guilty of an offence E^inst the Act by-law rule or regulation concerned in all respects as if he were the actual offender guilty of the infringement unless the court is satisfied that the vehicle was a stolen vehicle or a vehicle illegally taken or used.

(2) Nothing in sub-section (I) shall affect the liability of the actual offender, but where the full amount of any penalty has been paid by the

59238/^3-ie


actual offender or owner in relation to any parking infringement (whether pursuant to section 210 or upon the order of a stipendiary magistrate or Magistrates' Court) no further penalty shall be imposed on or recovered from the owner or actual offender in relation thereto.

(3) Notwithstanding anything in sub-sections (1) or (2) no owner of the vehicle shall by virtue of this section be guilty of an offence if—

(a) before or within fourteen days after the service on him of a summons in respect of the parking infringement concerned he supplies in a sworn statement in writing to the informant the name and address of the person who was in charge of the vehicle at the relevant time; or

(b) he satisfies the court that he did not know and could not with reasonable diligence have ascertained such name and address.

(4) Any statement purporting to be made under sub-section (3) (a) if produced in any proceedings against the i>erson named therein and in respect of the parking infringement concerned shall be prima facie' evidence that such person was in chaise of the vehicle at alt relevant times relating to such parking infringement.

Service of paAint 210. (1) Where 3 member of the police force or an authorized wli "™"" officer has reason to believe that a parking infringement has been

committed in respect of any vehicle he may serve or cause to be served a parking infringement notice as provided in sub-section (2).

(2) A i>arking infringement notice may be served— {a) by serving the notice personally upon the person who

appears to have committed the infringement or any person who is driving or appears to be in charge of the vehicle;

{b) by affixing the notice to the vehicle in a prescribed manner; or

(c) by serving the notice personally on the owner of the vehicle or by sending the notice by post addressed to the owner of the vehicle at his last known place of residence or business, arid for that purpose, where the vehicle is a motor car, the address appearing as the latest address of the owner in a certificate of registration of the motor car shall be taken to be his last known place of residence or business (as the case may be).

Fomi of parking (3) Evcry parking infringement notice shall be in or to the effect of the prescribed form and shall contain—

( i) a schedule of the most common parking infringements showing the penalty prescribed for the purposes of this section for each such infringement;

{b) provision for the insertion of other infringements and appropriate prescribed penalties; '

(c) a statement to the effect that if the appropriate amount

infringeflnent notice.


specified in the notice as the penalty for the infringement is tendered at the place referred to in the notice the matter will not be brought before the court; and

(d) such other particulars and instructions as are prescribed.

(4) The penalty prescribed for the purposes of this section for any pmcnptionof parking infringement other than a penalty fixed by the council of any ^^^^ municipality pursuant to sub-section (5) shall be the amount (being an amount of $12 or $30) prescribed by the regulations in respect of infringements of the kind in question, and different kinds of infringements may be prescribed by reference to place, time or other circumstance provided that,,where the infringement—

(a) occurs on a carriageway which is at the time of the infringement a clearway within the meaning of the regulations;

(b) consists of leaving a vehicle standing so that any portion of the vehicle is between any other vehicle left standing and the centre of a carrii^eway within the meaning of the regulations; or

(c) consists of parking a vehicle or leaving a vehicle standitig within any minimum distance prescribed by the regulations from a pedestrian crossing or school crossing within the meaning of the regulations—

the penalty shall be $40. (5) Notwithstanding the provisions of sub-section (4), the council

of any municipality may by resolution fix a penalty of an amount not greater than $2S for parking infringements in contravention of section 555A of the Local Government Act 1958 and such penalty so fixed shall be the penalty prescribed for the purposes of this section in respect of such parking infringements occurring within the municipal district of the municipality.

(6) Every parking infringement notice served shall have clearly ComlcDlof

shownthereon— ^ll^Si. (a) the day, time and place of the alleged infringement; (b) the kind of the alleged infringement and the appropriate

prescribed penalty (and any such particulars may be indicated by prescribed markings on the schedule of infringements and penalties contained in the form); -

(c) the place or places at which the penalty may in accordance with the regulations be paiid;

{d) the date of the notice and a statement that the penalty may be paid within a period of fourteen days after that date; and

{e) such other particulars as are prescribed. (7) Where a parking infringement notice is served by affixing the

notice to the vehicle the notice shall be addressed to "the owner" of the

infri:


Traffic infniiicinentL

Power 10 serve iraAic infringement notices

Servke of traffic inmngcmcnt notices.

Form orirank infringenKnt notices.

vehicle without further description or addition, and in every other case the notice shall have clearly shown thereon the surname and given names or initials of the owner or other alleged offend';r and his address.

211. (I) Where a member of the police force or an officer of the Road Traffic Authority appointed in writing by the Managing Director of that Authority either generally or in a particular case for the purposes of this section (in this section referred to as an "authorized officer") has reason to believe that a person has committed a traffic infringement he may if that person fails to produce his licence when requested require that person to state whether or not he is the holder of any licence to drive a motor car and if he is the holder of a licence whether or not the licence was issued on probation.

(2) If any such person^ (a) refuses or fails to state—

(i) whether or not he is the holder of a licence; or (ii) whether or not he is the holder of a licence issued on

probation; or {b) states falsely that he is not the holder of a licence issued on

probation—

he shall be guilty of an offence against this section and liable to a penalty of not more than 2 penalty units.

(3) Where a member of the police force or an authorized officer has reason to believe that a person has committed a traffic infringement of a kind described in Schedule 9 he may serve on that person a traffic infringement notice as provided in sub-section (4).

(4) A traffic infringement notice may be served— (a) by personally serving the notice upon the alleged offender;

or {b) by sending the notice by post addressed to him at his last

known place of residence or business, and for that purpose, where the alleged offence arose out of the driving of a motor car, the address appearing as his latest address in the licence to drive (if any) produced by him at the time of the alleged offence or upon the investigation thereof may, in the absence of evidence of any other place of residence or business, be deemed and taken to be his last known place of residence or business (as the case may be).

(5) Every traffic infringement notice shall be in or to the effect of the prescribed form and shall contain—

(a) a schedule of the traffic infringements described in Schedule 9 showing the penalty prescribed for the purposes of this section for each such infringement;

(b) a statement to the effect that if the appropriate amount specified in the notice as the penalty for the infringement is tendered at the place referred to in the notice the matter will


not be brought before the court unless before the expiration of the period specified in the notice as the time for the payment of the penalty a prosecution officer gives notice that the traffic infringement notice has been withdrawn; and

(c) such other particulars and instructions as are prescribed.

(6) A traffic infringement notice may be withdrawn, whether the appropriate penalty has been paid or not, at any time within 28 days of the service of the notice, by sending by post a notice in the prescribed form signed by a prosecution officer to the effect that the traffic infringement notice has been withdrawn addressed to the alleged offender at his last known place of residence or business, and for that purpose, where the alleged offence arose out of the driving of a motor car, the address appearing as his latest address in the licence to drive (if any) produced by him at the time of the alleged offence or upon an investigation thereof may, in the absence of evidence of any other place of residence or business, be deemed and taken to be his last known place of residence or business (as the case may be).

(7) Wherelhe appropriate amount specified in the notice as the penalty for the infringement has been paid before the notice is withdrawn the amount so paid shall be refunded upon the notice of withdrawal being given.

(8) The penalty prescribed for the purposes of this section in respect of any traffic infringement of a kind described in Schedule 9 shall be the amount set out in that Schedule opposite the description of the relevant infringement.

(9) Every traffic infringement notice served shall have clearly shown thereon—

(a) the day, time and place of the alleged infringement; (b) the kind of the alleged infringement and the appropriate

prescribed penalty (and any such particulars may be indicated by prescribed markings on the schedule of infringements and penalties contained in the form);

(c) the place or places at which the penalty may in accordance with the regulations be paid;

(d) the date of the notice and a statement that the penalty may be paid within a period of 28 days after that date;

(e) a summary of the provisions of this Act relating to the withdrawal of traffic infringement notices; and

( / ) such other particulars as are prescribed.

212. (1) Where an authorized officer has reason to believe that a person has committed an offence referred to in Schedule 10 he may jjjj'jj '"'"' serve on thai person a transport infringement notice under this section.

(2) For the purposes of this section "authorized officer" means an officer of the State Transport Authority or the Metropolitan Transit Authority appointed in writing by the Managing Director of that


Authority either generally or in a particular case for the purposes of this section.

(3) A transport infringement notice may be served— {a) by personally serving it upon the alleged offender; or (b) by sending it by post addressed to him at his last known

place of residence or business. (4) Every transport infringement notice shall be in or to the efFea

of the prescribed form and shall have clearly shown thereon— (a) a statement of the day, time and place of the alleged offence; (b) a statement of the penalty fixed by this section for the

offence; (c) a statement of the place or places at which the penalty may

be paid; (d) the dale of the notice and a statement that the penalty may

be paid within a period of one month after that date; (e) a statement to the effect that if the penalty is paid at a place

specified in the notice the matter will not be brought before a court unless, before the expiration of the period specified in the notice as the period within which payment may be made, notice is given that the transport infringement notice is withdrawn;

( / ) a summary of the provisions of this Act relating to the withdrawal of transport infringement notices; and

(g) such other particulars and instructions as are required by this Act or prescribed by regulations made under this Act.

(5) A transport infringement notice may be withdrawn, whether the appropriate penalty has been paid or not, at any time within one month after the service of the transport infringement notice by—

(a) serving personally upon the alleged offender, or (b) sending by post to the alleged offender at his last known

place of residence or business— a notice in the prescribed form signed by an authorized officer to the effect that the transport infringement notice is withdrawn,

(6) Where the amount of the penalty for the offence is paid before the transport infringement notice is withdrawn pursuant to sub-section (5), the amount so paid shall be refunded upon notice of the withdrawal being given.

(7) The penalty recoverable for an offence proceeded against under this section shall be $50.

piymentof 213. (1) Subjcct to sub-scction (4), if bcforc the Bxpiratiou of thc (^^andeifeci pgnod Specified in the infringement notice for the payment of the

penalty or, where a prosecution officer or, in the case of a transpwrt infringement notice Uie authorized officer giving the notice, so allows,


at any time before service of a summons in respect of the infringement, the amount of the penahy shown on the notice is paid at the appropriate place—

{a) the offender shall be deemed to have expiated the infringement by payment of the penalty therefor;

{b) no further proceedings shall be taken in respect of the infringement; and

(c) no conviction for the infringement shall be regarded as having been recorded.

(2) Every penalty paid pursuant to this section shall be applied in the same manner as if the offender had been convicted of the infringement in a Magistrates' Court upon the information of the member of the police force or authorized officer who served the infringement notice or caused it to be served.

(3) Payment of any penalty under this section may be effected by cash, cheque or money order either lodged at or sent by post to the place referred to in the notice, but in the case of a cheque payment shall be deemed not to be made unless and until the cheque is honoured upon presentation.

(4) Where an infringement notice has been served as aforesaid and the amount of the penalty is not paid before the expiration of the period specified in the notice as the time for payment or where, in the case of a traffic infringement notice or a transport infringement notice, the notice has been withdrawn, nothing in this section shall in any way prejudice the institution or prosecution of proceedings for the infringement in question (whether pursuant to Part VII. of the Magistrates (Sumrnary Proceedings) Act 1975 or otherwise) but in any case, where the court or magistrate is satisfied that an infringement notice was served in respect of the infringement and has not been withdrawn, the conviction imposed by the magistrate or court shall be deemed not to be a conviction for any purpose (including, without limiting the generality of the foregoing, the purposes of any enactment imposing or authorizing or requiring the imposition of any disqualification or disability or higher penalty on convicted persons or persons convicted on more than one occasion) except in relation to—

(a) themakingoftheconvictionitself;and

(b) any subsequent proceedings which may be taken in respect of the conviction itself, including proceedings by way of appeal or order to review.

214. (1) Where a person is served with a summons for any cnxtfofprior infringement and it is alleged that he has been previously convicted of ™!]Sittoi any infringement or infringements there may be served with the iifniwe™""* summons a separate document in the prescribed form signed by the informant setting out particulars of the alleged prior convictions.

552 m^ rrun sport No. 9921

ftcgul&liomr

(2) The document setting out the alleged prior convictions— (a) shall be indorsed with a notice in the prescribed form

advising the defendant that— (i) if he does not appear in answer to the summons; and (ii) if he is convicted of the alleged offence—

the document will be admissible evidence that he has been so convicted as alleged; and

{b) may be served in any manner in which the summons for the infringement may be served.

(3) Where the stipendiary magistrate or court by whom any person has been convicted is satisfied that a copy of any such document was served on the defendant at least fourteen days before the hearing of the information the document shall be admissible and shall be prima facie evidence that the defendant was convicted of the offences alleged in the document and of the particulars relating to the convictions set out in the document.

(4) Any such document shall not be tendered in evidence without the consent of the defendant if the defendant is present at the hearing of the information.

(5) Without limiting the generality of the provisions of Part XVII. of the Magistrates (Summary Proceedings) Act 1975 it is hereby declared that, where any evidence of prior convictions has been tendered pursuant to the provisions of this section, the court may set aside on such terms as to costs or otherwise as the court thinks just any conviction or order if it has reasonable grounds to believe that the document tendered in evidence was not in fact brought to the notice of the defendant or that the defendant was not in fact convicted of the offences as alleged in the document.

215. The Governor in Council may make regulations for or with respect to—

{a) forms for the purposes of this Division; and (b) any matter or thing necessary or expedient to be prescribed

to give effect to this Division.

[nspcciion of motorcars.

DIVlSrON 3—ENFORCEMENT PROVISIONS

216. (1) For the purpose ofascertaining whether the provisions of this Act or any other Act relating to transport are being observed any officer of the Road Traffic Authority or any person authorized in that behalf by that Authority in writing (whether generally or in any particular case) or any member of the police force may request the driver of any motor car—

(a) to produce for inspection any licence, permit or document

1983 Trans/fori ' No. 9921 553

which is required to be carried in, or by the driver of, the motor car;

(b) to state his name and address; (c) to permit an inspection and examination to be made of the

motor car and any trailer attached thereto and of any load carried thereon and of any equipment required to be fitted thereto or carried thereon by or under any Act;

(d) to keep the motor car stationary for a sufficient period of time to enable any such inspection or examination to be made;

(e) to move the motor car and any trailer attached thereto to the nearest convenient place where the motor car, trailer, load and equipment can be inspected and examined with safety;

( / ) to present such motor car and trailer at some other reasonable time and place for inspection and examination , by an officer of the Road Traffic Authority and for the weighing thereof

(2) If the driver of any motor car fails to stop the motor car when any officer, person or member referred to in sub-section (I) calls to or signals him so to do or fails to produce any such document or refuses to state his name and address or states a false name or address or refuses or fails to comply with any request made by any such officer, person or member pursuant to sub-section (1) he shall be guilty of an offence against this Act.

(3) Where in the opinion of any member of the police force, any officer of the Road Traffic Authority or person authorized pursuant to sub-section (I) any motor car is operating as a commercial passenger vehicle and is not duly licensed to operate as such he may remove from the vehicle and seize any taxi-meter, "for hire" sign, identification plate or other prescribed article carried on or attached to the vehicle.

(4) Subject to sub-section (5), any article seized pursuant to sub-section (3) may on conviction of the owner or driver of the vehicle be forfeited by order of the court imposing the conviction,

(5) Where— (a) at the expiration of one month after the seizure of an article

pursuant to sub-section (3) no prosecution has been instituted against the owner or driver of the vehicle;

(b) the owner or driver of the vehicle is not convicted; or (c) the court does not make an order for the forfeiture of the

article—

the article shall be returned to the owner or driver of the vehicle.

217. (I) In addition to and without in any way derogating from poweroroiiK«s any of the provisions of section 216 any officer of the Road Traffic R " J ^ ^

Aulhorily^


Authority thereunto authorized in writing by that Authority or any other person authorized in that behalf by that Authority in writing so to do may for the purpose of ascertaining whether the provisions of this Act or any other Act relating to transport are being observed weigh any motor car or trailer or any riiotor car and trailer and any load carried thereon.

(2) An officer of the Road Traffic Authority or any other person referred to in sub-section (1) may exercise the powers conferred by that sub-section at the request of any person who is authorized by any Act or law to request any other person to present the motor car or trailer or the motor car and trailer for weighing.

(3) The production of a document purporting to be an authority in writing referred to in sub-section (1) and purporting to be signed by the Managing Director of the Road Traffic Authority or purporting to be the signature of the Managing Director of the Road Traffic Authority affixed by authority of the Managing Director of the Road Traffic Authority shall be prima facie evidence of that authority.

(4) Evidence by an officer or other person authorized to weigh any motor car or trailer or any motor car and trailer pursuant to the provisions of sub-section (I)—

{a) that the weighbridge or the device prescribed under section 91B (a) of the Motor Car Act 1958 used by him on any occasion was in proper working order and properly operated

. by him; and (6) that in relation to the weighbridge or device all requirements

for the proper operation of the weighbridge or device were complied with—

shall be prima facie t\'iAtT\ct of those facts.

Pa*«.ofoffi«n 2»8- (1) In this section— IT!^«^TA. i^) "Authority" means the State Transport Authority or the

Metropolitan Transit Authority; and (Jb) "authorized officer", in relation to an Authority, means an

officer of the Authority appointed in writing by the Managing Director of the Authority either generally or in a particular case for the purposes of this section.

(2) An authorized officer of an Authority may, on production, if so required, of his authority—

(a) stop any vehicle or person upon any land or premises the property of the Authority being land or premises where any luggage, parcels or other goods are received, despatched or delivered;

(b) inspect, search and examine any such vehicle or any goods in or upon any such vehicle or in the possession of any such person;

(c) demand the production of consignment notes, delivery

19X3 Trafispori No. 9921 555

dockets or other documents relating to the receipt, despatch, dehvery or ownership of any goods found upon the inspection, search or examination.

(3) Any person who—

(a) being the driver or person in charge of a vehicle upon any such land or premises as are mentioned in sub-section (2) (a), refuses or fails to stop the vehicle when directed lo do so by an authorized officer;

(b) refuses to submit any such vehicle or any goods in or upon such vehicle or in his possession to inspection, search and examination in accordance with the directions of an authorized officer;

(c) wilfully obstructs or avoids an inspection, search or examination by an authorized officer;

{d) refuses to produce to an authorized officer any consignment note, delivery docket or other document relating to the receipt, despatch, delivery or ownership of any goods found upon an inspection, search or examination by the authorized officer; or

(e) forges or counterfeits an authority of an authorized officer or makes use of any forged, counterfeited or false authority or personates the officer named in an authority or falsely pretends to be an authorized officer—

is guilty of an offence.


219. Any officer or agent ofthe State Transport Authority or the ofr<rnd«n.a>i)e Metropolitan Transit Authority and any person called by such an officer '"*''**' or agent to his assistance may without warrant seize and detain any person whom he believes on reasonable grounds to have committed an offence against the provisions of this Act or of the regulations and whose name and address are unknown to the officer or agent and may give that person in charge to a member of the police force who shall, without any warrant or other authority than this Act, convey him with all convenient despatch before a justice to be dealt with according to law.

220. (1) If any officer or agent of the State Transport Authority or powenoTtmovt the Metropolitan Transit Authority believes on reasonable grounds—

(a) that a person is committing an offence against this Act or the regulations; and

(b) that the commission of the offence is or is likely to be attended with danger or annoyance to the public or hindrance to any of the officers or agents of that Authority

offtiKketx

556 19K3 Transpon No. 9921

in lawful use of any vehicle or premises or property of that Authority—

the officers or agents of that Authority or any of them may, if the person is in or on any vehicle owned or operated by or on behalf of that Authority or any premises or property of that Authority, summarily remove him therefrom or take such other action as is necessary to obviate or remove the danger, annoyance or hindrance.

(2) An officer or agent of the State Transport Authority or the Metropolitan Transit Authority acting under the authority of sub-section (I) may, in order to remove a person from a vehicle or premises or property or to obviate or remove a danger, annoyance or hindrance, use such force as is reasonable in the circumstances.

(3) A person who—

(a) is removed from a vehicle or any premises or property under the authority of this section; or

{b) is otherwise affected by any action taken under the authority of this section—

shall have no right of action whatsoever in law against the State Transport Authority or the Metropolitan Transit Authority or any of its officers or agents arising out of that removal or action.

(4) A person who alleges that an officer or agent of the State Transport Authority or the Metropolitan Transit Authority acting or purporting to act under the authority of sub-section (I) used more force than is jjermitted by sub-section (2) shall bear the onus of proving that more force than is permitted was used.

(5) Any action taken under this section shall not prevent the institution of proceedings in respect of the offence.

DIVJSION 4 — O F F E N C E S A N D PENALTIES

luh^u'tiid 221. (1) In this s e c t i o n - , (a) "Carriage" means any passenger vehicle operated by, on

behalf of or under contract to an Authority;

(b) "Ticket", in relation to a journey, means a ticket, pass, symbol or other thing issued to a person entitling that person to make that journey; and

(c) "Authorized person" means a person employed or authorized by an Authority who has duties in relation to the issue, inspection or collection of tickets or platform tickets.

(2) A person may make a journey in a carriage without a ticket if—

(a) prior to commencing the journey he takes all reasonable steps to purchase a ticket;

(b) while making the journey he has no reasonable opportunity to purchase a ticket; and

(ict^ct.

1983 Transporl . No. 9921 557

(c) on completion of the journey he takes all reasonable steps to purchase a ticket.

(3) Subject to sub-section (2), a person who makes a journey in a carriage without having in his possession a ticket that is valid for that journey is guilty of an offence.

Penalty: 2 penalty units. (4) A person who makes a journey in a carriage and, not being

entitled to make that journey without a ticket, fails, upon request being made by an authorized person, to produce a ticket that is valid for that journey is guilty of an offence.

Penalty: 2 penalty units. (5) A person who by fraudulent or collusive means or false

representation— (a) obtains a ticket; or (b) claims or takes the benefit of an exemption or concessional

deduction to which he is not entitled from the payment of a toll, fare or charge in respect of a journey in a carriage—


Penalty: 5 penalty units. (6) The provisions of sub-sections (3) and (4) shall not apply in

relation to anything done or omitted to be done in the course of his duties by a person employed by the State Transport Authority or the Metropolitan Transit Authority,

222. (1) A person who smokes tobacco or any other substance— offence w smoke in carriage. ^ . .

(a) in or upon a carriage or part of a carriage (not being a xntttwn carriage or part of a carriage set apart for that purpose); or '="™'"""*

(b) in or upon any land or premises the property of the State Transport Authority or the Metropolitan Transit Authority or any part of such land or premises where a notice is displayed stating that smoking on that land or those premises or on that part of that land or those premises is prohibited—

is guilty of an offence. Penalty: 2 penalty units. (2) In this section "carri^e" means any passenger vehicle operated

by, on behalf of or under contract to the State Transport Authority or the Metropolitan Transit Authority.

223. Any person who wilfully trespasses upon any land or premises peraiiyfor the property of an Authority is guilty of an offence. """^

Penalty: For a first offence—2 penalty units. For a second or subsequent offence—3 penalty units or imprisonment for three months.

224. A person who drives or draws or causes to be driven or drawn offei.eeto«««i over any road or part of a road that is under construction or being ESTSiid'"''**

Con91Tuc1ion Auihority,

558 19«? Transport No. 9921

Hindrance oT otIiCByAjC*

Ottattatif bodtdcorpoiMe,

OKencetbt

General pdulty.

repaired or over a bridge or a culvert a vehicle at a rate of speed greater than that indicated in a notice placed on or near that road or part of a road or bridge or culvert by the Road Construaion Authority is guilty of an offence.

Penalty: 2 penalty units. 225. Any person who assaiilts, resists, obstructs, hinders or delays

or incites or encourages any other person to assault, resist, obstruct, hinder or delay—

(a) any officer or agent of the State Transport Authority or the Metropolitan Transit Authority in the execution of his duty under this or any other Act; or

(b) any person lawfully assisting any such officer or agent in the execution of his duty under this or any other Act—


Penalty: 10 penalty units or imprisonment for two months. 226. (1) Where a body corporate is guilty ofan offence against this

Act any person who is concerned or takes part in the management of that body corporate is also guilty of that offence and liable to the penalty for that offence.

(2) It is a defence to a charge brought pursuant to sub-section (1) against a person who is concerned or takes pan in the management of a body corporate to prove that the offence was corrimitted by the body corporate without his consent or connivance and that he exercised due diligence to prevent the commission of the offence.

227. Where this Act provides that a person, being an unincorporated body, is guilty ofan offence, that reference to a person shall be construed as a reference to each member ofthe committee of management of the body:.

228. A person who is guilty ofan offence against this Act for which a specific penalty is not prescribed by another provision of this Act is liable to a penalty not exceeding 10 penalty units.

Evideniiiry

DIVISION 5—PROSECLfTlONS AND EVIDENTIARY PROVISIONS

229. (I) Proceedings for an offence against this Act or the regulations may be brought by any person authorized by an Authority either generally or in any particular case.

(2) In proceedings for an offence against this Act or the regulations it sliall be presumed, in the absence of evidence to the contrary, that the person brining the proceedings was authorized to bring the proceedings.

(3) Except as otherwise provided by or pursuant to this Act, all penalties recovered in relation to an offence against this Act or the regulations shall be paid into the general fund ofthe relevant Authority.

230. (1) On the prosecution ofany person for stealing any property in or from any vehicle or premises the property ofan Authority or for

1*J83 Tmnsport No. 9921 559

receiving or having in his possession any property suspected of being so stolen—

{a) evidence may be given of any writing or marks on the property or on any package or container in which the property was enclosed or on any lat-el attached to the property or that package or container without producing or giving notice to produce the original writing or marks; and

(b) a document purporting to be a consignment note, tally note, bill of lading, shipping or railway receipt, delivery order, specification, schedule, packing list or invoice relating to the property shall be admissible in evidence and, in the absence of evidence to the contrary, shall be proof of the particulars contained in the document.

(2) A certificate purporting to be under the hand of the Managing Director of an Authority certifying that any land, buildings or other property (whether real or personal) described in the certificate is vested in the Authority shall be admissible in evidence in any proceedings and, in the absence of evidence to the contrary, shall be proof of the matters stated in the certificate.

(3) In any prosecution or legal proceedings under this or any other Act or under regulations or by-laws made under this or any other Act a statement {whether oral or in writing) by an officer of the Road Construction Authority (being an officer authorized to make the statement by the Managing Director of that Authority) that—

{a) a road is a State highway, main road, tourists' road, forest road, freeway, stock route or metropolitan bridge; or

{b) a place road structure or thing is or forms part of the West Gate Bridge—

shall be sufficient evidence of that fact until the contrary is shown.

(4) Any notice, statement, certificate or other document purporting to be under the hand of the Managing Director of an Authority or of an officer of an Authority authorized to sign that notice, statement, certificate or other document by the Managing Director of the Authority shall be admissible in evidence in any proceedings and, in the absence of evidence to the contrary, shall be proof of the matters therein set forth.

(5) Any minute or record of the proceedings of an Authority or a copy of such a minute or record certified as correct under the hand of the Managing Director of the Authority shall be presumed to be correct until the contrary is shown.

(6) A document purporting to be a minute or record or copy referred to in sub-section (5) shall, until the contrary is shown, be deemed to be such a minute or record or copy.

560 \^m TntDsport No. 9921

Inlcrprclaiion.

'*Exisiiiig Securiiies."

'TormeT Aulhohiy"

"Reltvanl former Auihoriiy"

*'Relevant $vcceuoT Aviltorily'*

"Slate Employees Retitetnent Benefits FUIKI."

PART Vlll.—MISCELLANEOUSANDTRANSITIONAL

DIVISION [ — T R A N S F E R OF POWERS FUNCTIONS ASSETS LIABILITIES AND STAFF

231. In this Division— "Existing securities" means debentures, stock, bonds or other

securities issued by a former Authority and in existence immediately before the appointed day.

"Former Authority" means— (a) the Victorian Railways Board; (b) the Railway Construction and Property Board; (c) the Melbourne and Metropolitan Tramways Board; id) the Melbourne Underground Rail Loop Authority; {e) the Country Roads Board;

( / ) the Transport Regulation Board; or ig) the Road Safety and Traffic Authority.

"Relevant former Authority" means in relation to— {a) the State Transport Authority, the Victorian Railways

Board and the Railway Construction and Property Board;

{b) the Metropolitan Transit Authority, the Melbourne and Metropolitan Tramways Board and the Melbourne Underground Rail Loop Authority;

{c) the Road Construction Authority, the Country Roads Board;

id) the Road Traffic Authority, the Transport Regulation Board and the Road Safety and Traffic Authority.

"Relevant successor Authority" means subject to this Act— (a) in relation to the Victorian Railways Board and the

Railway Construction and Property Board, the State Transport Authority;

{b) in relation to the Melbourne and Metropolitan Tramways Board and the Melbourne Undei^ground Rail Loop Authority, the Metropolitan Transit Authority;

(c) in relation to the Country Roads Board, the Road Construction Authority; and

{d) in relation to the Transport Regulation Board and the Road Safety and Traffic Authority, the Road Traffic Authority.

"State Employees Retirement Benefits Fund" means the State Employees Retirement Benefits Fund established under the State Employees Retirement Benefits Act 1979.


"Superannuation Fund" means the Superannuation Fund •'^v^™^o»»o^ Fund,

offktr/'

leases, Ac, to Authofity,

established under the Superannuation Act 1958. "Transferred officer" means a person who was immediately ^^'.1^"**

before the appointed day employed in a former Authority and who by reason of the operation of section 241 becomes employed on and from the appointed day in an Authority.

232. On the appointed day— ^^^'""^ {a) the fonner Authorities shall be abolished and the members ' '"*""iii«

thereof shall go out of office; and {b) the relevant successor Authorities shall become and be the

successors in law of the relevant former Authorities. 233. Without affecting the generality of section 232 the following Tnnsferor

provisions shall have effect on and from the appointed day: HabiUlies

{a) All real and personal property whatsoever including without causes of actions

affecting the generality of the foregoing all land buildings undertakings machinery and plant and all choses in action and all moneys and all interests rights benefits and advantages appurtenant to connected with or relating to all or any of the same vested in a former Authority shall be vested in the relevant successor Authority for the appropriate purpose under this Act;

{b) All liabilities of a former Authority in respect of all outstanding principal moneys together with outstanding and future interest thereon lawfully advanced to or borrowed by the fonner Authority shall be transferred to and be borne and dischar;ged by the relevant successor Authority;

(c) All contracts deeds bonds agreements arrangements and other instruments lawfully made or entered into by or on behalf of or in relation to a fonner Authority and in force immediately before the appointed day shall be as binding and of as full force and effect in favour of or against or in relation to the relevant successor Authority as they would have been in favour of or against or in relation to the former Authority if this Act had not been passed and may be enforced as fully and effectually as if the same had been made or entered into by or on behalf of or in relation to the relevant successor Authority;

(rf) All debts lawfully incurred by or owing by or to a former Authority and due and owing immediately before the appointed day shall be deemed to have been incurred by or owing by or to the relevant successor Authority and may be recovered from or by the relevant successor Authority accordingly;

(e) All actions causes of action proceedings and claims for compensation (including any claim for arbitration thereon


or appeal iherefirom or proceeding thereunder or matter arising thereout) immediately before the appointed day pending or existing by or gainst a former Authority shall not abate or be discontinued or be in any way prejudicially affected by reason of this Part but may be continued prosecuted and enforced by or against the relevant successor Authority as they might have been by or against the former Authority if this Act had not been passed and not further or otherwise;

(/) Any penalty forfeiture or punishment incurred or imposed by or under any Act repealed by this Act may be imposed enforced or recovered by or against the relevant successor Authority in like manner and to the like extent as the same might have been imposed enforced or recovered by or against the relevant former Authority if this Act had not been passed, and any proceeding or remedy in respect thereof may be instituted continued or enforced by or a^inst the relevant successor Authority;

(g) All authorities charges assignments mortgages indemnities and notices made given or granted or issued by or to or in relation to or at the instance of a former Authority and subsisting immediately before the appointed day shall unless the same are sooner suspended cancelled or revoked continue in force for the period for which they were made given or granted or issued and shall be deemed to have been made given granted or issued by or to or in relation to or at the instance of the relevant successor Authority;

(h) All proclamations Orders in Council by-laws and other instruments made in relation to a former Authority and in force immediately before the appointed day shall so far as they relate to matters continued in force or operation by this Act remain, subject to this Act, in full force and operation in relation to the relevant successor Authority;

(I) All funds vested in or held by or in relation to a former Authority immediately before the appointed day for any particular purpose or subject to any Act or enactment or particular trusts shall be tmnsferred to and vested in or held by or in relation to the relevant successor Authority for the like purposes and subject to the like Act enactment or triists, and no right interest or claim in or with respect to any such fund shall abate or be in any way prejudicially affected by reason of that transfer;

ij) All other acts matters and things of a continuing nature made done or commenced by or on behalf of or in relation to a former Authority and immediately before the appointed day of any force or effect or capable of acquiring any force or effect by virtue of any Act shall be deemed and taken to

19X3 Tmttspori No. 9921 563

have been made done or commenced by or on behalf of or in relation to the relevant successor Authority and shall have eflfect and may be continued and completed by or on behalf of or in relation to the relevant successor Authority accordingly; and

(k) Any reference to a former Authority in any Act proclamation Order in Council rule regulation by-law notice demand order legal or other proceeding deed contract lease mortgage agreement instrument document or any writing of any kind whatsoever shall, so far as relates to any period after the appointed day, if not inconsistent with the context or subject-matter be deemed and taken to refer to the relevant successor Authority.

234. (1) The relevant successor Authority shall as soon as practicable after I July 1983 and not later than I December 1983 cause to be prepared a statement of accounts in respect of the former Authority for the year ending on 30 June 1983 in a form appropriate to the activities of the former Authority and certified to be correct by the Managing Director and the principal accounting officer (by whatever name called) of the relevant successor Authority and including such information as is necessary to give a true and fair view of the financial transactions and state of affairs of the former Authority.

(2) The statement of accounts shall be audited by the Auditor-General who shall have in respect of the accounts and records of the former Authority all the powers conferred on him by any law now or hereafter in force relating to the audit of the public accounts.

(3) The relevant successor Authority shall not later than 1 December 1983 submit to the Minister the audited statement of accounts.

(4) The Minister shall cause the audited statements of accounts submitted to him under this section to be laid before the Legislative Council and the Legislative Assembly before the expiration of the fourteenth sitting day of the Council or the Assembly (as the case may be) after the accounts have been received by him.

(5) The relevant successor Authority shall pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of the audit under this section.

235. ( l ) Notwithstanding anything in this Act, on the appointed day all existing securities of the former Authorities shall be cancelled.

(2) The cancellation of existing securities under sub-section (1) shall not constitute an event on which money secured by the securities shall become payable.

236. (1) Subjectto sub-section (2)— (a) a person who immediately before the appointed day held

existing securities which have been cancelled pursuant to section 235 shall be entitled to be issued with Victoria Transport Inscribed Stock in replacement of the existing securities so cancelled;

(b) a person who immediately before the appointed day was

Audit oficcoun Is offorniLT Aulhorilics.

Canceiiationof tH idling sccuhlies.

N*w «curitits 10 issue to leplAce canctlled secuhti«r


Holders of existing securities may request new slock to bf issued.

Continuation of aificesin Ministty of Transpon.

Chief Executive Oflicetsto become ManjtfiiriB Dtreclors.

pursuant to section 45 of the West Gate Bridge Authority Act 1980 or to any other Act or enactment entitled to be issued with securities in place of any previous securities issued by a former Authority and who has not exercised that entitlement shall in satisfaction of that entitlement be entitled to be issued with Victoria Transport Inscribed Stock.

(2) Notwithstanding anything in this Act, Victoria Transport Inscribed Stock issued pursuant to an entitlement under sub-section (1) or under section 237 shall have the same maturity date bear the same principal sum and bear the same rate of interest payable on the same dates as the cancelled existing securities but shall otherwise be issued subject to the provisions of this Act relating to the issue of stock.

(3) Notwithstanding anything in this Act, a person entitled pursuant to sub-section (l) or section 237 to be issued with new securities in place of any previous securities shall, pending the issue of the new securities, have the same rights benefits and advantages in all respects as he would have if the new securities had been issued.

237. A person who produces to the Victoria Transpwrt Borrowing Agency—

{a) a West Gate Bridge Debenture certificate issued under the West Gate Bridge Authority Act 1980;

ib) a West Gate Bridge Inscribed Stock cenificate issued under the West Gate Bridge Authority Act 1980; or

{c) a Debenture Stock certificate which immediately before the appointed day would under the West Gate Bridge Authority Act 1980 have entitled the person to be issued with inscribed stock under that Act and in respect of which inscribed stock has not been issued—

shall be entitled to be issued by the Agency with stock in accordance with section 236.

238. For the purpose of calculating any interest payable in respect of stock issued under sections 236 or 237 the interest payable shall include any interest accruing up to the day on which the stock was issued but not paid before that day.

239. The person holding the office of Director-General of Transport and the persons holding the offices of Deputy Directors-General of Transpwrt and Assistant Directors-General of Transport under the Ministry of Transport Act 1958 immediately before the appointed day shall continue to hold those offices under this Act upon the same terms and conditions as those upon which they held their respective former offices and for the remainder of the term for which they had been appointed to those former offices.

240. (1) The person occupying the office of Chief Executive Officer (State Transport) under the Ministry of Transport Act 1958 immediately before the appointed day shall on and from the appointed day occupy the office of Managing Director of the State Transport Authority under


this Act upon the same terms and conditions as those upon which he held the office of Chief Executive Officer (State Transport) and for the remainder of the term for which he had been appointed to that former position and shall be Chairman of that Authority for the remainder of that term.

(2) The person occupying the office of Chief Executive Officer (Metropolitan Transit) under the Ministry of Transport Act 1958 immediately before the appointed day shall on and from the appointed day occupy the office of Managing Director of the Metropolitan Transit Authority under this Act upon the same terms and conditions as those upon which he held the office of Chief Executive Officer (Metropolitan Transit) and for the remainder of the term for which he had been appointed to that former office and shall be Chairman ofthat Authority for the remainder of that term.

(3) The person occupying the office of Chief Executive Officer (Road Construction) under the Ministry of Transport Act 1958 immediately before the appointed day shall on and from the appointed day occupy the office of Managing Director of the Road Constru«ion Authority under this Act upon the same terms and conditions as those upon which he held the Office of Chief Executive Officer (Road Construction) and for the remainder of the term for which he had been appointed to that former pKtsition and shall be Chairman of that Authority for the remainder of that term.

(4) The person occupying the office of Chief Executive Officer (Road Traffic) under the Ministry of Transport Act 1958 immediately before the appointed day shall on and from the appointed day occupy the office of Managing EHrector of the Road Traffic Authority under this Act upon the same terms and conditions as those upon which he held the office of Chief Executive Officer (Road Traffic) and for the remainder of the term for which he had been appointed to that former office and shall be Chairman of that Authority for the remainder of that term.

241. (1) A person employed by a former Authority (other than a person employewi under the Public Service Act 1974) immediately before the appointed day shall be on and from the appointed day employed by the relevant successor Authority with terms and conditions no less favourable than those upon which he was employed immediately before the appointed day and with the benefit of all rights accrued immediately before the appointed day.

(2) A person employed under the Public Service Act 1974 in a former Authority shall on and from the appointed day continue to be employed under the Public Service Act 1974 in the relevant successor Authority with terms and conditions no less favourable than those upon which he was employed immediately before the appointed day and with the benefit of all rights accrued immediately before the appointed day.

242. A person (other than a person to whom section 239 or 240 applies)—

{a) who was immediately before the appointed day occupying

ContinuBlion of rifhlscfslair

Continuation of righu oTittigiory appointees.


Contributors to State Employees Retirement Benefits Fund.

Conlhbutor^ to Superannuation FuiKl.

Cofllributof^lo orKer funds.

Couniry Roads

a position as a member in a former Authority created by an Act of Parliament; and .

{b) who is appointed to a position in the Ministry of Transport or an Authority, which appointment takes effect on and from the appointed day—

shall be appointed to that position with terms and conditions no less favourable than the terms and conditions of his previous position and with the benefit of all rights accrued in respect of his former position.

243. (1) A transferred officer who was imniediately before the appointed day a contributor to the State Employees Retirement Benefits Fund shall on and after the appointed day, for so long as he is employed in an Authority, continue to be a contributor to that Fund.

(2) A transferred officer who continues to be a contributor to the State Employees Retirement Benefits Fund under sub-section (1) shall for so long as he is employed in an Authority, be deemed to be a permanent employee within the meaning of the State Employees Retirement Benefits Act 1979 and the provisions of that Act shall apply as if that pei-son had continued in employment with the. former Authority in which he was employed.

244. (1) A transferred officer who was immediately before the appointed day a contributor to the Superannuation Fund shaU on and after the appointed day, for so long as he is employed in an Authority, continue to be a comributor to that Fund.

(2) A transferred officer who continues to be a contributor to the Superannuation Fiind under sub-section (1) shall, for so long as he is employed in an Authority, be deemed to be an officer within the meaning of the Superannuation Act 1958 and the provisions of the Act shall apply as if that person had continued in ernployment with the former Authority in which he was employed.

245. (1) A transferred officer who was immediately before the appointed day a contributor to or member of a superannuation fund or arrangement, other than the State Employees Retirement Benefits Fund or the Superannuation Fund, shall on and after the appointed day, for so long as he is employed in an Authority, continue to be a contributor to or member of that Fund.

(2) The terms and conditions of a superannuation fund or arrangement to which a transferred officer under sub-section (1) continues to contribute to or of which he CQntinues to be a member of shall, for so long as the transferred officer is employed in an Authority, apply to that transferred officer as if he had continued in employment with the former Authority with which he had been employed.

246. (1) A person— (a) who was appointed or employed as an officer or employee

of the Country Roads Board under section 109N of the Country Roads Act 1958 as in force imniediately before the coming into operation of Schedule ll;and

IW3 Transpori No. 9921 567

(b) who occupies a position in the Country Roads Board by supcrannuBiion reason of which he would become eligible to contribute to [ 'nsf/f from the State Employees Retirement Benefits Fund but who has * ' ''„,horii not on the coming into operation of this section commenced toc™nt!fjRMds contributing to that Fund— *^"'

may notwithstanding anything to the contrary in the State Employees Retirement Benefits Act 1979 elect not to contribute to that Fund.

(2) An election under sub-section (1) may be made at any time between the coming into operation of this section and 30 June 1983,

(3) A person to whom sub-section (1) applies, who does not make an election under that sub-section shall on and from 30 June 1983 be deemed to be a permanent employee within the meaning of the State Employees Retirement Benefits Act 1979 for so long as he is employed in an Authority and the provisions of that Act shall apply accordingly.

(4) In this section the "Country Roads Board" means the Country Roads Board established by the Country Roads Act 1958 as in force immediately before the coming into operation of Schedule 11.

DIVISION 2—MISCELLANEOUS

247, (1) Where any railway or part thereof has been closed for traffic the Governor in Council may by Order published in the Government Gazette xant to any person the right to occupy that railway or part thereof for a tourist railway and to manage, operate and maintain a tourist railway service thereon.

(2) Any Order under sub-section (1) may be made subject to such terms and conditions as the Governor in Council thinks fit and shall provide that the tourist railway shall not be operated unless the State Transport Authority certifies at such intervals of time as are specified in the Order that satisfactory and safe working systems have been implemented and that the persons operating the tourist railway are as qualified to do so as the persons operating the train services of the State Transport Authority.

(3) Any Order made under sub-section (1) may be revoked at any time by the Governor in Council.

(4) The State Transport Authority shall not be subject to any action, liability, claim or demand in respect of any certificate given by it pursuant to an Order made under sub-section (1).

248. While an Order under section 247 (1) is in force the following provisions shall apply in relation to the tourist railway:

(a) All powers, duties and liabilities of the State Transport Authority or the Metropolitan Transit Authority (as the case may be) to or in relation to the railway or part thereof shall be suspended; and

(6) The Governor in Council may make regulations for or with respect to all matters which are necessary or convenient to be prescribed for or in relation to the management, operation

Power i(j Goveriwr in Couivcil lo aolhoriictourisi rail vays.

Provisions applicable la louhsi railways.

568 I9S3 I ran^port No. 9921

Authorities need hoi fenct

Service of documents on natkiral persons.

Service of documents on coiporationL

and maintenance of the tourist railway and in particular for the following: (i) Any matter or thing that is incidental to the

maintenance of safety in connexion with the operation of the tourist railway;

(ii) Conferring on the operator of the tourist railway any power that the State Transport Authority or the Metropolitan Transit Authority might exercise in relation to a railway under its management and control; and

(iii) Imposing any duty or obligation upon the person authorized to operate the railway that the State Transport Authority or the Metropolitan Transit Authority would be subject to if it were operating the railway.

249. (1) This section applies to— (a) the State Transport Authority; {b) the Metropolitan Transit Authority; and (c) the Road Construction Authority.

(2) Notwithstanding any Act or rule of law to the contrary, an Authority to which this section applies shall not, unless the Minister so directs, be required to fence or contribute to the fencing of any portion of a railway, tramway or road and shall not be liable for any damage which may be caused by reason of any railway, tramway or road not being fenced in or fenced off but the Authority may erect and maintain such fences in connexion therewith as it thinks proper,

250. A document required or permitted by this Act to be served on a person other than a corporation shall be served—

{a) by delivering the document to that person personally; {b) by prepaying and posting the document as a letter addressed

to that person at his last known place of residence or business or, if he is carrying on business ait two or more places, at one of those places;

{c) by leaving the document at the last known place of residence of that person with some person apparently a resident of that place and apparently not less than sixteen years of age; or

{d) by leaving the document at the last known place of business of that person, or if he is carrying on business at two or more places, at one of those places, with some person apparently in the service of that person and apparently not less than sixteen years of age.

251. A document required by this Act to be served upon a person, being a corporation, shall be served—

(a) by prepaying and posting the document as a letter addressed

1983 Tratis/yori No. 9921 5^9

to the corporation at its last known place of business or, if it is carrying on business at two or more places, at one of those .places; or

(b) by leaving it at that place, or at one of those places, with some person apparently in the service of the corporation and apparently not less than sixteen years of age.

252. (1) Where any difference (whether or not arising out of the Determination of

construction of this Act or any other Act) arises between an Authority <'''''™'"' and any government department, municipality or body constituted by or under any Act touching or relating to the carrying out or exercise of the duties, powers, privileges or authorities of the Authority or any of those bodies, the difference may be determined by the Governor in Council.

(2) The determination of any difference by the Governor in Council under this section shall be final and conclusive upon the parties thereto.

253. Subject to any express provisions of this Act and Provisions 0} la

notwithstanding the repeal of any Act repealed by this Act, all by-laws " ooT* and regulations— ™niii«diii

operaiion.

(a) made under any Act repealed by this Act; and (b) in force immediately before the appointed day—

so far as the same are not inconsistent with or repugnant to this Act may be revoked, rescinded, amended or varied as if they were regulations made under this Act and until so revoked or rescinded or until 1 July 1984 (whichever first occurs) shall with such alterations modifications and substitutions as are necessary—

(c) continue in force; and (d) have the like force and effect and be dealt with and enforced

as if they were regulations made under this Act.

254. (1) The Acts mentioned in Schedule 11 are hereby repealed. sch«iu>e 11 (2) Except as in this Act expressly or by necessary implication

provided— (a) all persons things and circumstances appointed or created

by or under any Act which is repealed by this Act or existing or continuing under any such Act immediately before the appointed day shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if this Act had not been enacted; and

(b) in particular and without affecting the generality of paragraph (a), this Act shall not disturb the continuity of status operation or effect of any proclamation regulation rule by-law order determination decision declaration direction report recommendation confirmation rescission resolution proposal petition approval disapproval nomination appointment delegation application


classification warrant apportionment contribution reference election grant revocation suspension condition certificate security agreement lease licence permit registration easement pension compensation debenture stock contract notice instrument vesting transfer sale acquisition rate fee indemnity immunity permission consent authority sanction charge summons proceeding action appeal matter thing liability or right made done effected obtained issued granted given presented passed imposed paid fixed accrued incurred or acquired or existing or continuing before the appointed day by or under any Act which is repealed by this Act,

(3) All developmental roads within the meaning of the Country Roads Act 1958 in existence immediately before the appointed day shall on that day cease to be developmental roads.

(4) Sub-section (5) applies to any act matter or thing which before the appoinied day was required to be done or performed by, on behalf of or in relation to the Chief Commissioner of Police and which as a result of the operation of this Act is required on and after the appointed day to be done or performed by, on behalf of or in relation to the Road Traffic Authority, '•

(5) Any act matter or thing.of a continuing nature to which this sub-section applies done or performed before the appointed day by, on behalf of or in relation to the Chief Commissioner of Police shall be deemed to have been done or performed by, on behalf of or in relation to the Road Traffic Authority.

Schedule 11 255. The Acts mentioned in Schedule 12 to the extent thereby expressed to be amended are hereby amended accordingly,

Rtgulations, 256. (1) The Governor in Council may make regulations for or with respect to any matter or thing that by this Act is authorized or required or permitted to be prescribed or that is necessary to be prescribed for carrying this Act into effect, including prescribing—

{a) fees to be charged for the supply of any equipment, goods or materials by an Authority or for the supply of any service by an Authority;

(b) any matter to do with elections of officers to be members of the Authorities or the Workshops Management Board;

(c) any matter to do with the appointment of members to the Workshops Management Board;

(d) any matter to do with meetings of the Authorities and the conduct of business of the Authorities;

{e) forms to be used for the purposes of this Act; ( / ) the method by which the functions of a Standing Committee

appointed under section 33 may be implemented; ig) the duties and responsibilities of the Co-ordinator of a

Standing Committee appointed under section 33; (h) the class or classes of information to be made available by


an Authority to a Standing Committee appointed under section 33 and to the Co-ordinator of that Committee and the conditions under which that class or those classes of information shall be made available; and

((•) the meeting procedures of a Standing Committee appointed under section 33 including joint meetings of two or more Standing Committees appointed under section 33.

(2) Where any form is prescribed by regulations made under this Act, ariy form in or to the like effect of the prescribed form shall be sufficient in law.


Sections 11 («)!, IJ(3K15(3),17 Ol .andWD).

Validtiy of deciuont.

Meetings.

Commoik seat

SCHEDULE I

PROVISIONS APPLICABLE TO THE A G E N C Y AND THE A U T H O R I T I E S

PART I.—PROVISIONS APPLICABLE TOTHEAUENCY

1. AnactordecisionoftheAgency is not invalid by reason only of a vacancy in the office of a member or irregularity in or in connexion with the appointment of a member or, in the case of a person appointed to act as a member, on the ground that the occasion for his so acting had not arisen or had ceased.

2. (1) The Chairman of the Agency shall preside at a meeting of the Agency at which he is present and i f he is not present at a meeting the Deputy Chairman shall preside.

(2) A majority of the members of the Agency of whom one shall be either the Chairman or Deputy Chairman shall constitute a quorum.

(3) Subject to the presence of a quorum the Agency may act notwithstanding any vacancy in its membership.

(4) The powers and functions of the Agency may be exercised in accordance with the majority of the votes of the members of the Agency present at any meeting and in the event of an equality of votes the person presiding shall have an additional or casting vote,

(5) A member who has a pecuniary interest whether direct or indirect in any matter to be coitsidered by the Agency shall declare the nature of his interest at every meeting at which the matter is considered.

(6) The Agency shall meet at such times and places as are determined by the Agency or the Chairman.

3. ThecommonsealoftheAgencyshallbekeptin the custody of an officer authorized by the Agency and shall only be affixed to any instrument or document in the presence of two persons authorized in that behalf by the Agency with an attestation by the signature of those persons of the fact of the affixing of the seal.

PART I (.—PROVISIONS APPLICABLE TO THE AUTHORITIES

Condiiiootof ^- f ) The Managing Director of an Authority— metnbenhip. (^j shall hold office—

(i) for the period (not exceeding five years) that is specified in his instrument of appointment and shall be eligible to be re-appointed; and

(ii) on the terms and conditions specihed in his instrument of appointment; (b) shall be entitled to be paid the remuneration and travelling and other

allowances fixed from lime to time by the Governor in Council;

{c) shall be appointed on a full-time basis; and

(</) shall not in respect of his office as Managing Director be subject to the provisionsofthe/'uW(cServ(ce/4c( 1974.

(2) A member of an Authority (other than the Managing Director or the Director-General of Transport)—

{a) shall hold office for the period (not exceeding five years) that is determined by the Governor in Council and shall be eligible for re-appointment;

(6) shall be entitled to be paid the remuneration (if any) and the travelling and other allowances fixed from time to time by the Governor in Council;

{c) shall be appointed on a part-time basis; and

(rf) shall not in respect of his office as member be subject to the provisions of the Public Service Aci 1974,

1 )83 Traiispotl No. 9921 573

SCHEDULE \—i-oniinued

(3) A person who is of or above the age of 65 years is not eligible to act as the Managing Director of an Authority.

5. (1) The Director-General of Transport may appoint a Deputy Director-General of Transport or Assistant Director-General of Transport as an aliemaie member of an Authority in his place during such period as he thinks fit.

(2) An alternate member is entitled to notice of meeting of the Authority and, if the Director-General of Transport is not present at such a meeting, is entitled to attend and vote in his stead.

(3) An alternate member may exercise any powers that the Director-General of Transport may exercise as a member of the Authority and the exercise of any such power by the alternate member shall be deemed to be the exercise of the power by the Director-General of Transport.

(4) The appointment of an alternate member may be terminated at any time by the Director-General of Transport notwithstanding that the period of the appointment of the alternate member has not expired and the appointment terminates in any event if the Director-General of Transport vacates his office as Director-General of Transport.

(5) An appointment, or the termination of an appointment, of an alternate member shallbeeffectedby a notice in writing signed by the Director-General and served on the Authority.

6. {I) Where any member of an Authority is unable whether on account of illness or Temporary Otherwise to perform the duties ofhis office the Minister may appoint an eligible person "aancy. to act in iheplaceofthatmemberduring the period of inability,

(2) A person appointed under this clause to act in the placeof a member shall while so acting—

(a) have all the rigjits and powers and perform all the duties of the member for whom he is acting; and

(b) be paid the remuneration (if any) and travelling or other allowances fixed by the Minister from time to time having regard to the rale of remuneration and other allowances for the time being payable to members of statutory corporations.

7. (I) The Governor in Council may at any time remove or suspend any member pttmaiKnt of an Authority from office. vacancy.

(2) A member of an Authority may resign his office by writing signed by him and delivered to the Governor in Council.

(3) Ifany member ofan Authority— (a) beinga futl-time member, engages in Victoria or elsewhere in paid employment

outside the duties ofhis pffice without first obtaining the approval in writing of the Minister,

(b) becomes bankrupt or his property becomes in any manner subject to control under the law relating to bankruptcy;

(c) becomes incapable of performing his duties; (d) is removed frorri office or resigns his office; (e) is convicted ofan indictable offence;

( / ) is absent from three consecutive meetings of the Authority (without leave granted by the Minister); or

C?) dies —

his office as a member shall become vacant. (4)TheMinister may grant leave of absence from any meeting of the Authority.

8. An act or decision ofan Authority is not invalid by reason only of a vacancy in VaiidUyofactsor the office of a member or irregularity in or in connexion with the appointment of a ii«iiions. member (whether or not that vacancy occurs in the first appointment of members to the

574 l >H3 Transpori No. 9921

SCHEDULE ]—continued

Authority) or, in the case of a person appointed to act as a tnember, on the ground thai the occasion for his so acting had not arisen or had ceased.

Mwiings. 9, {]) TheChai rmanofan Authority shall presideat a meetingoftheAuihorityat which he is present and if he is not present at a meeting, the Director-General of Transport shall preside.

(2) A majority of the members of the Authority of whom one shall be either the Managing Director or Director-General of Transport shall constitute a quorum.

(3) Subject to the presence of a guorum the Authority may act notwithstanding any vacancy in its membership.

(4) The powers and functions of the Authority may be exercised in accordance with the majority of the-votes of the members of the Authority present at any meeting and in the event of an equality of votes the person presiding shall have an additional or casting vote.

(5) A member who has a pecuniary interest whether direct or indirect in any matter to be considered by the Authority shall declare the nature of his interest at every meeting at which the matter is considered.

(6) An Authority shall meet at such times and places as are determined by the Authority or the Chairman,

Common seal. 10. The common seal of an Authority shall be kept in the custody of an officer authorized by the Authority and shall only be affixed to any instrument or document in the presence of two officers of the Authority authorized in that behalf by the Authority with an attestation by the signature of those officers of the fact of the affixing of the seal.

SCHEDULE!

PARTICUIJ^R POWERS OF AUTHORITIES

Sjciio„3, 1- Subject to the approval of the Minister—

(o) to participate in the formation of a corporation, trust, partnership or other body;

(b) to subscribe for or othenj-ise acquire, and to hold and dispose of, shares in or debentures or other securities of a corporation;

(c) to become a member of a company limited by guarantee;

id) to subscribe for or otherwise acquire, and to hold and dispose of, units in a trust;

(e) to ac(|uire, and to hold and dispose of. an interest in a partnership or other body; and

( / ) toenter into partnership or into any arrangement for sharingof profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or corporation carrying on or engaged in, or about to carry on or engage in, any business or transaction capable of being conducted so as directly or indirectly to benefit the Authority.

2. To enter into an agreement or contract with another Authority, a government department or any other public statutory body with respect to—

(a) the exercise by the Authority and the other Authority, government department or other public statutory body (as the case requires) of their respective fiinciions or the carrying out or providing by the Authority for the other Authority, government department or other public statutory body (as the case requires) of any works or services; or

( i ) the use or joint use by the Authority and the other Authority, government department or other public statutory body (as the case requires) of their respective facilities or the services of their respective siafT

I9S3 Transport No. 9921 575

SCHEDULE l^coniinued

3, To enter into an agreement on transport matters with a department or public statuiorybody in another State or Territory of Australia or in the Commonwealth.

4. To compound and agree with any person who has entered into any contract with the Authority or with any person of whom the Authority is the successor in law or against whom any action or suit is brought for any penalty contained in any such contract or in any bond or other security for the performance thereof or for or on account of any breach or non-performance of any such contract, bond or security for such sum of money 01 other recompense as the Authority may think proper.

5, With the approval of the Minister, to make a loan to a person employed to carry out duties for the Authority for the purposes of assisting that person 10 purchase, whether alone or together with another person, a dwelling-house for use as his residence.

6. After giving reasonable notice in writing 10 the occupier, to enter at any reasonable hour in the day-time into and upon any building and inspect, make measurements and drawings and take photographs thereof and take such other measures as the Authority may think necessary to ascertain the construction and condition of the building.

SCHEDULES s„.„„40

FURTHER PARTICULAR POWERS OF STIVTE TRANSPORT AUTHORITV AND METKOPOUTAN TRANSITAUTHORITV

1. To open and break up and diven traffic from any road and 10 take possession of and use any road, street or way or portion Of a road, street or way.

2. To fel) and remove any tree or wood on any land within the distance of 60 metres from either side of a railway line which could otstruct or endanger the railway line or which may obstruct a view of a signal-box from any ponion of the railway line.

3. To open, examine and test any consignment of goods delivered or offered to the Authority for carriage.

4. With the approval of the Minister, to declare by notice published in the Government Gazette that any specified level crossing shall be closed from such date as is specified in the notice or upon the fulfilment of such conditions as are specified in the notice whereupon the rights of the public to use the level crossing shall cease and determine and the land over which the crossing is constructed shall be freed from all rights, easements or privileges existing or claimed as regards that land either in the public or by any person or body of persons whomsoever or whatsoever as incident to any past dedication or supposed dedication thereof or by virtue of any past user thereof or by any fiction of law and the land shall be vested in the Authority,

5. To declare by notice published in the Government Gazette any goods or class of goods to be dangerous goods which may only be delivered to the Authority for carriage with iheconsent of the Authority.

6. After consultation with the Road Traffic Authority and the relevant municipal council, to install, remove or re-locate stopping places and associated facilities for transport services on any street or road.

SCHEDULE4 s,„„„,,.

FURTHER PARTICUI-AR POWERS OF ROAD CONSTRUCTION AUTHORITY

1. To temporarily close any road or any part of a road and to temporarily stop all traffic or classes of traffic thereon.

2, To discontinue any existing road or part thereof and to sell any road or part so discontinued (and the provisionsof sub-sections (2), (3) and (3B) of section 526 and of sub-sections {I) to (6) of section 527 of the Local Government Act 1958 and the Twenty-ninth Schedule to that Act shall, so far as applicable and with such alterations modifications and substitutions as are necessary, extend to and apply in the case of any road or part so discontinued).

576 19X3 Tr(!H.\p<>rl No. 9921

SCHEDULE ^—continued

3. To cause any tree or hedge or a part of any tree or hedge growing or being on land adjoining any road lo be removed at ihe ejipense of Ihe owner or occupier of that land if the Authority is reasonably of the opinion that the road is in any manner prejudiced or obstructed by that tree or hedge or part,

4. To enter on any land for the purpose of removing anything causing any alteration or obstruction lo or interference with the natural (low of any surface water or any other (low of water being an alteration, obstruction or interference that causes any road for the maintenance of which the Authority is in whole or in part responsible to be injuriously a(fected by water,

5. To cause any structure, device or hoarding for the exhibition of advertisements erected or placed in or upon any declared road or any advertisement exhibited on any declared road without the consent in writingofthe Authority to be removed or obliterated.

Section 55, Dcd>raiions.

Makintaf roads.

SCHEDULES

PROVISIONS WITH RESPECT TO ROADS

1.(1) Subject to this clause, the Minister may from time to time declare any road or part of a road or any deviation from or widening of a road to be—

{a) a freeway;

(b) a State highway;

(c) a main road;

{</) a tourists' road;

(e) a forest road; or

( / ) a stock route.

(2) The Minisier may from time to time declare any bridge in the metropolitan area to be a metropolitan bridge.

(3) The Minister may vary or rescind a declaration made under sub-clause (1) or sub-clause (2) or a declaration or proclamation to the same e(rect made under any corresponding previous enactment.

(4) The Minister shall not declare any road or part of a road or any deviation from or widening of a road to be a tourists' road except on the recommendation of the Minister for the time being responsible for tourism and after consultation with the Minister administering the I^nrf^c( 1958.

(5) The Minister shall not declare any road or part ofa road or any deviation from or widening of a road to be a forest road except after consultation with the Minister administering the f(jre5«/lcf 1958 and the Minisier administering the Ljn^,4cf 1958.

(6) The Minister shall not declare any road or pan ofa road or any deviation from or widening ofa road to be a stock route except after consultation with the council or councils of the municipality or municipalities concerned but in no case shall the Minister declare the carriageway of any State highway or main road to be a stock route.

(7) The Minister shall cause to be published in the Government Gazette notice of any declaration made by him under this clause and upon the publication of that notice in the Government Gazette the road, part, deviation, widening or bridge described in that notice shall be or cease to be a freeway, State highway, main road, tourists' road, forest road, stock route or metropolitan bridge, as the case may be.

(8) A copy of the Government Gazette containing a notice under subclause (7) shall be admissible in evidence in any proceedings and, in the absence of evidence to the contrary, shall be proof that the road, part, deviation, widening or bridge described in that notice is or is not a freeway. State highway, main road, tourists' road, forest road, stock route or metropolitan bridge, as the case may be.

2. (I) Subject to the approval of the Minister, the Road Construction Authority may make a new road or a deviation from or widening of an existing road.

m?, ifiinspon No. 9921 577

SCHEDULE 5~continucd (2) When a new road or a deviation from or widening of an existing road made by

the Road Construction Authority is, in the opinion of that Authority, fit to be used as a publichighway the road, deviation or widening (whether constructed at the level of the surface of the land or not) shall, upon the publication in the Government Gazeiteby that Authority of a notice declaring it to be Rt to be used as a public highway, become and be absolutely dedicated to the public as a public highway within the meaning of any law now or hereafter in force.

3. (1) The Minister before declaring any road to be a main road and the Road counciisiobt Construction Authority before seeking the approval of the Minister to the making of a consulted bcraic new main road or a deviation frorn or widening of an existing main road shall serve on <i«i»">>™<'f the council of each municipality in whose municipal district the road is or new main JUj n™ ^°' road or deviation or widening is proposed to be constructed a notice— deviaiions.Ac.

(a) specifying the intention of the Ministerto declare the road to be a main road or the intention of the Road Construction Authority to make the new main road or thedeviation or widening, as the case may be; and

{b) fixing a day not less than 21 days from the service of the notice upon which any objections which may be made by any council will be considered by the Minister or the Authority, as the case may be.

(2) Any municipality which feels aggrieved by the decision of the Road Construction Authority to seek the approval of the Minister to the making of a new main road or a deviation from or widening of an existing main road may within 21 days after the considerationby the Authority of the objection made by the municipality appeal to the Minister against the decision of the Authority.

4. TheRoadConstruction Authority may approve of the carrying out of permanent pcrmanem improvements to any main road and those works shall be carried out as provided in this iuiprovcments. Act.

5. (1) Subject to subclause (2), the council of each municipality shall carry out all Pcrmanem works permanent works to be made within its municipal district in relation to main roads and and miinnnanci;. shall maintain all main roads within its municipal district.

(2) The Minister may direct that any permanent works specified by him shall be carried out by the Road Construction Authority or that the Road Construction Authority shall maintain any main road specified by him.

(3) The Road Construction Authority shall each year notify to the council of each municipality the amount that the council may expend on the main roads within its municipal district.

(4) All permanent works and works of maintenance carried out by a council shall be carriedoui to the satisfaction of the Road Construction Authority.

(5) Where any permanent works on main roads or State highways or works of maintenance on main roads have been carried out under this Act or any corresponding previous enactment by the council of a municipality to the satisfaction of the Road Construction Authority, that Authority may pay to the municipality such commission as that Authority thinks t t not exceeding S per centum of the cost of the.permanent works or 2-5 per centum of the cost of the works of maintenance and the municipality shall apply the commission in and towards recouping any expenses of the municipality incidental to carrying out the works.

6. (1) The Road Construction Authority shall before 1 January in each year apportion Awortignmem in accordance with subclause (2) between the various municipalities benefited thereby ^ ^ one-third of the amount expended during the preceding year on such works on main wi^s" roadsasaredeterminedby that Authority.

(2) The Road Construction Authority shall determine— (a) the works from which each of the municipalities respectively has benefited;

(b) in the case of each municipality which has benefited from such works, the proportion of the total amount expended on such works to be allocated to that municipality having regard to the benefits it has obtained therefrom; and

of the amounl cAptndedon

sssae/ea—19

578 IW3 Tiansiiori No. 9921

Notice to municLpil couibcthbcrort apfXHiionment of amount cipoHlcd d t worki.

SCHKIiUfL-5 -rontinuvd

(c) the contribution that municipahty shall pay in respect of the proportion so allocated.

(3) Subject to sub-clause (4), the contributions from the municipalities need not be at a uniform rate but may be varied in the case of each municipality according to its ability to pay.

(4) A municipality shall not be required to contribute more than two-thirds of the proportion of the total amount expended on the works from which it has benefited that is allocated to it by the Road Construction Authority pursuant to sub-clause (2) (b).

(5) The total amount of the contributions from the municipalities shall equal one-third of the amount expended during the preceding year on such works on main roads as are determined by the Road Construction Authority.

(6) Notwithstanding anything in this clause, the Road Construction Authority with the approval of the Minister may in the case of any municipality reduce the amount of its contribution determined in accordance with this clause in respect of works on main roads where it is proved to the satisfaction of that Authority that the cost of such works isexcessiveand that thatcost is due to motor traffic not of local origin or to timber traffic and, in exercising this authority, the Road Construction Authority shall take into account the revenue valuation and rating of the municipality and also its financial obligations on account of liability for loan expenditure incurred under clause S.

(7) A municipality may be benefited by expenditure on works on main roads within the meaning of this clause although those roads are not situated within its municipal district if substantial traffic to or from the municipal district of the municipality passes over or, in the case of a new main road, will in the opinion of the Road Construction Authority pass over a main road on which that expeiiditure has been made.

7. (I) Before making an apportionment under this Act the Road Construction Authority shall not later than 1 October serve a notice upon the council of each municipality proposed to be charged with a portion of the expenditure setting forth—

{a) the amount which is to be apportioned between the municipalities;

(b) the works each separately stated from which each of the municipalities respectively is deemed to have benefited and the amount expended thereon;

(c) the proportion of the amount expended on such works each separately statea which it is proposed to allocate to each of the municipalities benefited thereby: and

(d) the contribution it is proposed that each of the municipalities respectively shall pay in respect of the proportion allocated to it.

(2) A notice servedon a council under sub-clause (1) shall fix a day not less than two months from the date of service of the notice upon which objections to the proposed apportionment will be heard by the Road Construction Authority.

(3) Notice of any objections made by a council shall not less than one month before the day fixed under sub-dause (2) for them to be heard be served on the Road Construction Authority and on the councils of the other municipalities named in the notice served by the Road Construction Authority and on the council of any municipality not named therein which the objector claims should be chargeable with a portion of the expenditure.

(4) All municif^lities proposed to be charged with a ponion of the expenditure by the Road Construction Authority or any objector may be represented at the hearing of objections to the proposed apportionment.

(5) Subject to sub-clause (7), the decision of the Road Construction Authority as to the amount each municipality shall pay in respect of works shall be hnal and conclusive.

(6) The amount payable by a municipality shall be due and payable by it to the Road Construction Authority from 1 January following.

(7) The council of any municipality may within 14 days from the date on which the decision of the Road Construction Authority is given serve a notice on the other municipalities proposed to be charged and on the Road Construction A|ithority stating—

198.1 Truiispoi-i No, 9921 579

SCHEDULE 5—cwn((>iM«/ (d) thcintentionofthecounciltoappeal to the Minister against the decision of

that Authority; and {b) the grounds of the appeal.

(8) TheamountdecidedbytheMinistertobepayablebyany municipality in respect of works shall be due by it to the Road Construction Authority from 1 January following the decision of the Minister.

8. (I) Subject to sub-clause (2), a municipality specified in column I of the Table in this subclause shall in discharge of its liability in respect of permanent works as at I July 1983 punuant to section 33 of the Country Roads Act 1958 be liable to pay in each financial year to the Road Construction Authority the amount specified in column 3 of that Table in re Dect of that municipality until the outstanding balance specified in column 2 of that Table in respect of that municipality is reduced to nil.

TABLE

Column 1 Column 2

Municipality Balance

Outstanding as at 1/7/83

AMuid pijnwiit by >ni><>)c>|BlUin orpenxnufeoT immmtdoein fOpKXirwOrttt.

Column 3

Annual Repayments

City of AJtona Shire of Barrabool City of Box Hill City of Brixton City of Brunswick City of Cobiirg City of Collingwood City of Dbncaster & Templesiowe OtyofEsseiKlon pty of Fitzroy City of Footscray CitybfHeidclbeig CityofKcw City of Malvern QtyofMoorabbin CityOfMordialloc CityofNorthcote city of Nunawading atyofQaklcigh City of Preston City of Richmond Gty of Sandnngham Gty of Sunshine City of Waverley Qty of WilUamstown Shire of Winchelsea

315 558.44 98 224 01 58 720.01 23 780 41 26 884.69 27 860.18 74 990 44 12 074.91

134 730,85 33 937.07 10 559,74 82 073.47 74 990.44 28 214.22 96 948 96

1 732.23 42 276.00 7751.42

56180.61 59 643,02

711.72 164 384,83 116 136.35 24 031,99 4 153.50 46997,07

1623 546,58

24 205.00 7447,71 6 505 17 2417.21 3 791 80 4 238.89 8 331.10 1 147.60

10 601 33 2 475.60 1 251 52 8 595.58 8 331,10 4010.75

10 556.03 236.34

3 633.23 611.92

5713.34 8 366.37

73.67 n 736.10

, 7 875.05 3 039.88

580.20 6 930,53

152 703.02

(2) The Minister, on the recommendation of the Road Construction Authority, tnay in respect of any financial year relieve a municipality lirom-tb^ payment of the whole or any pan of the amount due to be paid by it in that year by virtue of sub-clause (I).

9. Every municipality shall before IJuly in eadi year pay to the Road Construction Authority the amount due by it in respect of main roads.

10. (1) The amounts payable byamunidpalily in respect of workson main roads, or pursuant to clause 8'$hall bepaidout of the municipal fund of the municipality and the council (in respect of all property rateable to the municipality under the Local

nw«et«r

^MiiltMewtK

580 1983 Traiisfyorl No. 9921

Enroramcnt of Jttbilily of munkiiMlity witli IHpMI to CO$l of workSr

On debuli of miinicittality nic miy be levied by ih^Roid Conwiiction Authority.

VesUntof dedand roads.

Recovefyof eipenwi of rvpiiirin|dam»|ic ctuied 1^ tnAc.

SCHEDULE S—continued Government Act 1958 in the whole or any part of the municipal district or of any subdivision thereof which district subdivision or part is in the opinion of the council benefited by the work) may make and levy a special rate sufficient to meet those amounts.

(2) A special rate shall be levied upon every person who occupies or if there is no occupier or if the occupier is the Crown or the Minister of Education or any of the persons or corporations mentioned in seaion 251 {\) o^ Wit Local Government Act 1958 then upon every owner of rateable property whatsoever within the municipal district or subdivision or part (as the case may be).

(3) A special rate shall, until paid, be a charge upon the land. <4) In this clause "owner" means the person for the time being entitled to receive or

who if the same were let to a tenant at a rack rent would be entitled to receive the rack rent of the property.

(5) The provisions of Parts X., Xll., XIII., XIV. and XLVli.of the Local Government Act 1958 shall so faras applicable apply to a special rate.

11. (1) Where a municipality has not before I July in any year paid to the Road Construction Authority any amount payable by it in respea of works on ntatn roads, or pursuant to clause 8 that amount together with interest thereon at the maximum rate approved by the Australian Loan Council asat 1S July in that year for long-term borrowing for new public securities issued by semi-government authorities from the date upon which that amount became payable to the Road Construction Authority—

(a) may be deducted by the Treasurer from any moneys that at any time are or become payable by him to the municipality out of the Consolidated Fund or on account of any fees, fines, penalties or equivalent of licence fees; and

(b) shall be a debt due and payable to Her Majesty and payment thereof and all remedies therefor may be enforced in the name of Her Majesty against the municipality and the municipal fund thereof.

(2) All moneys repaid, deducted or recovered under sub-clause (1) shall be placed to the credit of the general fund of the Road Construction Authority.

<3) The provisions of sub-clauses (I) and <2) shall be in aid and not in derogation of any powers of the Treasurer, the Minister or the Road Construction Authority under the other provisions of this. Act and shall not prejudice any other proceeding or remedy against or liability of the municipality.

12. (1) If before I July in each year a municipality has not paid to the Road Construction Authority the amount referred to in clause 11 then the Road Constrticiion Authority may itself levy a rate as hereinbefore provided sufficient to meet the amount so referred to together with interest thereon at the maximum rate approved by the Australian Loan Council asat 15 July in that year for long-term borrowing for new public securities issued by semi-government authorities from I January and the cost of making and recovering the rate.

(2) The provisionsof Pans X., XII., XEIL, XIV. and XL VII. of the Local Government Act 1958 shall sofarasapplicableand, with such modificationsasarenecessary, apply to a rate levied by the Road Constniction Authority under sub-clause (I).

13. (1) Theabsolutcproperty in the land ov^which there isadeclaredroad (whether the road is constructed at the level of the surface of the land or not) shall be vested in the Crown.

(2) The materials of all declared roads and all buildings, fences, gates, posts, boards, stones and erections placed upon declared roads and all scrapings of and sand on declared roads shall belong to the Road Construction Authority.

14. (1) Where it appears to the Road CottstrtKiion Authority that extraordinary expenses have been incurred by that Authority in repairing any road by reason of the damage caused by a particular vehicle passing along the road the Road Constniction Authority may recover before a magistrates' coun or in any court of competent jurisdiction from any person who caused that vehicle to pass along the road the amount of such expenses as may be proved to the satisfaction of the couri to have been incurred by that Authority by reason of the damage arising fiom that vehicle.

1983 Traiispori No. 9921 581

Fooiw»y).

Powenof municipaJiita.

SCHI-nm.r. 5 cimtimu'il <2) Any person against whom expenses are or may be recoverable under this clause

may enter into an agreement with the Road Construction Authority for the payment to it of a composition in respect of those expenses and thereupon the person paying that composition shall not be subject to any proceedings under this clause in respect of those expenses.

15. (I) The Road Construction Authority may at any time with theapproval of the Minister by notice published in the Government Gazette declare that any part of a declared road described in the notice shall be a footway and thereupon any Act relating to local government shall have the same operation in regard to that footway as if this Act had not been passed.

(2) Where the footwaysof any public highway have been fixed under any Act relating to local government prior to the highway becoming a declared road, any Act relating to local government shall have the same operation in regard to those footways as if this Act had not been passed.

16. Except insofar as it is inconsistent with this Act, every municipality shall have the same powers over the declared roads within itsmunicipaldistrict as it has over other public hi^ways within its municipal district.

17. Subject to clause 18, the Road Construction Authority shall be charged with the Road carrying out of permanent works on and permanent improvements to and the maintenance ''JJJUlf"?'" of every State highway and no municipality shall be liable to pay any contribution in ^miain'suie respect of the maintenance of a State highway. highway).

ID. (1) Wherethestreetlighting(beinganexisiinginstallation,animprovedexisting ( ojtQfsD t installation or a new installation) on any State highway or main road or any section of a lighting on suie State highway or main road is of a standard not lower than the standard determined by highvraysand the Sti«et Lighting Committee, and is approved by that Committee, the cost of— mam roads.

{a) the operation and maintenance of a lightit^ installation which the Committee approves as an existing installation requiring no improvements;

{b) the operation maintenance and improvement (being improvement made on or after the coming into operation of section 6 of the Country Roads (Amendment) Act 1978or the dale on which the road or section of the road in question becomes a State highway or main road, whichever of these events last happens, but before the date on which the lighting installation is approved as an improved existing installation) of a lighting installation which the Street Lighting Committee approves as an improved existing installation; and

(c) the installation operation and maintenance of a lighting installation which theStreet Li^tingCommitteeapprovesasa newinstallation—

shall be borne in the following proportions: (i) In the case of the lighting of a State hi^way or main road within the

municipal district of a municipality which is an undertaker within the meaning of the Electric Light and Power Act 1958—

(A) one-third by the Road Construction Authority; and (B) two-thiidsby the council of the municipality;

(ii) [n the case of the lighting of a State highway or main road within the municipal district of a municipality which is not an undertaker within the meaning of the Electric Light and Power Act 1958 but which receives power from a municipality which is such an undertaker—

(A) one-third by the Road Construction Authority; (B) one-third by the municipality which is not an undertaker; and (C) one*third by the municipality which is an undertaker; and

(lit) In the case of the lighting of a State highway or main road within the municipal distria of a municipality which is not an undertaker within

582 ^ Transit>ii No. 9921

SCHEDULE 5^<oniinued

the meaning of the Electric Light and Power Act 1958 and does not receive power from a municipahiy which is such an undertaker—

(A) one-third by the Road Construction Authority; (B) one-third by the municipahiy; and (C) one-third by the State Electricity Commission of Victoria,

(2) The following provisions shall apply to and in relation to any cost with respect to operation or maintenance referred to in sub-clause (1):

[a) The day from which any cost with respect to the operation or maintenance is 10 be borne shall be— (i) in the case where the installation is approved as a new installation—the

, day on which the installation comes into service; (ii) in the case where the installation is approved as an improved existing

installation—the day on which the installation comes into service after improvement (being improvement made before the installation was approved as an improved existing installation); and

(iii) in the case where the installation is approved as an existing installation— the first day of the month immediately following the month in which the Street Lighting Committee approves of the installation; and

(b) Where-(i) different parts of a new installation come into service at different times—

any reference in paragraph (a) to the day on which the installation comes into service shall, in relation to each of those parts, be construed as a reference to the day on which the parts of the installation come into operation and any reference in paragraph (a) or sub-clause (1) to any cost with respect to operation or maintenance of the installation shall, in relation to each part of the installation, be construed as a reference to the cost with respect to the operation or maintenance of the part of the installation; and

(ii) different parts of an improved existing installation come into service on different dates after improvement—any reference in paragraph (a) to the day on which the installation comes into service shall, in relation to each partoftheinstallation, be construed as a reference to the day on which the part of the installation comes into service after improvement, and any reference in paragraph (a) or sub-clause (I) to any cost with respect to operation or maintenance of the installation shall, in relation to each part of the installation, be construed as a reference to any cost with respect to the operation or maintenance of the part of the installation.

(3) The Road Construction Authority may enter into a contract with the Slate Electricity Commission of Victoria and the council of a municipality, or any of them, and the council and the State Electricity Commission of Victoria are hereby authorized and empowered to enter into a contract with the Road Construction Authority, for or in relation to the payment by the parties to the contract in such sums or proportions or on such other conditions as are specified in the contract, of the costs and changes or any of those costs or charges specified in the contract relating to the installation, improvement, maintenance or operation of street lighting on a road or a section of a road constructed or being constructed on land taken or proposed to be used for the purposes of a State highway or a main road, in respect of any period during which that road or section of a road is not a State highway or main road, and the Road Construction Authority, the council and the Stale Electricity Commission of Victoria are hereby authorized and empowered to do or suffer any thittg necessary or expedient for carrying out any such contract into effect.

(4) Any costs and charges reqiiired to be borne by the council of a municipality under this clause or under a contract entered into under this clause, other than costs and

1983 Tramptm No. 9921 583

SCHEDULE 5—continued

charges required to be borne by the council pursuant to the provisions of subclause (I) (i) shall be paid out of the Municipal Fund.

(3) Where the council of a municipality which is an undertaker within the meaning of \hc Electric Light ond Power Act 1958 pays moneys pursuant to the terms of a contract entered into under subclause (3), those moneys shall not for any purpose be regarded as having been paid for or in connexion with the electrical undertaking of the council and shall not be debited to any account established by the council in connexion with that undertaking.

(6) ForthepuTposesofsub-clauses<l)and(2)— (a) "cost" means—

(i) in the case of the lighting of a State highway or main road or a section of a State highway or main road within the municipal district of a municipality which is not an undertaker within the meaning of the f/ectnc Light and Power Act 1958 and does not receive power from a municipality which is such an undertaker—the charges with respect to street lighting as determined by reference to the current schedules of tariff charges relatir^ to lighting units lit by the State Electricity Commission of Victoria;

(ii) in thecaseof the lighting of a State highway or main road or a section of a State highway of main road within the municipal district of a municipality which is an undertaker within the meaning of the Electric Light and Power Act 1958 or receives power from a municipality which is such an undertaker—the charges with respect to street lighting as determined by reference to ihecurrent tarifTcharges which the undertaker is by or under that Act authorized to make in relation to lighting units lit by it; and

(iii) all other costs and charges associated with the installation, improvement, operation or maintenance of street lighting, other than the costs or charges associatedwith the removal and re-location without improvement of the whole or any part or parts of a lighting installation if it was necessary to removeandre-locaie the installation or part of the installation by reasoii of the carrying out of road works;

(b) "existing installation" means— (i) a lighting installation which existed before 19 May 1971; and <

(ii) a lightiitg installation installed on or after 19 May 1971 on a road or a section ofa road which afier the lighting was installed becomes a State highway or main road;

(c) "improved existing installation" means— (i) an existing installation referred to in sub-paragraph <i) of paragraph (b)

which is improved on or after 19 May 1971; and (ii) an existing installation referred to in sub-paragraph (ii) of paragraph (d)

which is improved on or after the date on which the road or the section of the road in question becomes a State highway or main road; and

{d} "new installation" means a lighting installation installed on or after 19 May 1971 on a road or section ofa road which is at the time at which the lighting is installed a State highway or main road

19. (I) There shall be a Street Lifting Committee consisting of three members sire«i Lighting appointed by the Governor in Council— Commjnw,

(a) one being a person nominated by the Managing Director of the Road Construction Authority who shall be the Chairman;

{b) one being a person nominated by the Chairman of the Slate Electricity Commission; aitd

(c) one being a person nominated by the Municipal Association of Victoria.

584 i *^^ 'fraitspori No. 9921

SCHEDVtl.E 5-(ont)nued

(2) A member of the Commtltee shall be appointed for 'inch period not exceeding three years as is specified in his instrument of appointment but shall be eligible for re-appointment.

(3) If a person or body of persons referred to in subclause (1) does not within one month after receiving a request in that behalf from the Minister submit to the Minister the name of a person to fill a vacancy or extraordinary vacancy in the office of a member of the Committee or of an acting member of the Committee (as the case may be), the Governor in Council may without thai nomination appoint a person to fill that vacancy or extraordi nary vacancy or to be an acting member of the Committee.

(4) Any member ofthe Committee may at any time be removed from office by the Governor in Council.

(5) The office of a member of the Committee becomes vacant if— (a) he is removed from office by the Governor in Council; (b) by writing under his hand addressed to the Governor in Council he resigns

his office as a member of the Committee; (c) he becomes incapable of performing his duties; (d) he t)ecomes bankrupt or his property becomes in any manner subject to

control under the law relating to bankruptcy; (e) he is convicted of an indictable offence or of an offence which, if committed

in Victoria, would be an indictable offence; or ( / ) he dies—

and every vacancy in the office of a member arising otherwise than by the expiration of the term for which the member was appointed shall be deemed to be an extraordinary vacancy. •

(6) Subject 10 sub-clause (3), an extraordinary vacancy in the office of a member of the Committee shall be filled by the appointment by the Governor in Council (on the nomination of the person by whom or the body of persons by which the member ceasing to hold office was appointed) of a person to fill the vacancy.

(7) A member appointed to fill an extraordinary vacancy shall, subject to this clause, be entitled to hold office during the residue of the term of the member whose place he fills, but shall be eligible for re-appointment.

(8) Subject to sub-clause (3), if any member of the Committee is uitable (whether through illness absence or otherwise) to perform the duties of his office, the Governor in Council may on the nomination of the person or body by whom or by which the member was appointed, appoint an acting member for a term of not more tlian six months.

(9) Every acting member appointed pursuant to sub-clause (S) shall be entitled to the travelling expenses and allowances to which the member in whose i^ce he acts is entitled, for the period during which that person is an acting member.

(10) The members of the Committee shall be paid such travelling expenses and allowances as are fixed by the Governor in Council.

(11) An officer of the Road Construaion Authority shall be the Secretary of the Committee.

(12) The Committee shall meet at such times and places as the Committee from time to time appoints and, subject to this clause, may regulate its own proceedings.

(13) The fiinctions of, the Committee in respect of State highways and main roads shall be—

(a) to determine a minimum standard of street lighting as required by sub-clause (l)of clause 18;

0) to examine [4ans and specifications for lighting installations and to examine lighting installations and, where the standard of lighting is not lower than the minimum standard determined by the Committee, to approve the ittstallations as set out in sub-clause (I) of clause 18;

1983 Tninspon No. 9921 585

SCHEDULES -<«nfi>jM*'(/

(c) to resolve any problems or disputes associated with the installation, improvement, operation or maintenance of street lighting schemes; and

(d) generally, to do all things that by this Act the Committee is required to do.

(14) AmemberoftheCommitteeshallnotbesubJect to any action, liability, claim or demand for any matter or thing done by the Committee if the matter or thing is done in good faith for the purposes of carrying out a power or duty of the Committee under this Act.

20, The Road Construction Authority shall be responsible— RnponsibiiUyor (a) for initiating such action as that Authority considers necessary to have street r ^ , ^ -

lighting to a standard not lower than the standard determined by the Street Authority.™ Lighting Committee installed on Stale highways or main roads or sections of State highways or main roads which in the opinion of that Authority require to be lit to a standard not lower than the standard determined by the Street Lighting Committee and to have existing street lighting installations on State highways or main roads or sections of State highways or main roads which in the opinion of that Authority require to be lit to a standard not lower than the standard determined by the Street Lighting Committee improved to such a standard;

{b) for making all necessary arrangements with the State Electricity Commission or with undertakers within the meaning of the Electric Light and Power Act 1958 concerning such installations or improvements ofstreet lighting;

(c) for requesting the Street Lighting Committee to approve street lighting installations which in the opinion of the Road Construction Authority are of a standard not lower than the standard determined by the Committee; and

(d) for taking all other action as the Road Construction Authority considers necessary to ensure that any Slate highway or main road or section of any State highway or main road which in the opinion of that Authority requires to be tit to a standard not lower than the standard determined by the Street Lighting Committee, is so lit.

21. (1) The Road Construction Authority shall be charged with the carrying out of Fncwtys. permanent works on and permanent improvements to and the maintenance of every freeway.

(2) A municipality shall not be liable to pay any contribution in respect of the maintenance of a freeway.

<3) The Road Construction Authority may construct, improve and maintain local access roads to serve any freeway and may carry any such local access road or other highway over or under any freeway or carry any freeway under or over any such local access road or other highvwiy and for such purposes may exercise the same powers in relation to any such local access road or other highway as it may exercise in relation to freeways.

(4) The Road Construction Authority may— (a) cause to be removed, destroyed or blocked any means of access to or from a

freeway constructed, formed or laid out without the consent of that Authority; and

(b) cause to be erected and maintained fences, posts or other obstructions along any part of a freeway or along or across any entrance, approach or means of access thereto for the purpose of preventing access to the freeway.

(5) Notwithstanding anything in any Act, a tower, pole, wire, pipe or other structure or apparatus shall not be placed on, over or under any freeway by any public authority or Government department or any person without the prior consent in writing of the Road Construction Authority.


Tourists^ roadSr

Foresi roads..

Slock nHitn,

Mctropoliun

W«$iGate Bridge.

SCHKDlJlbS ci>nli»ueiJ 22. The Road Construction Authority shall be chained with the carrying out of

permanent works on, of permanent improvements to and the maintenance of every tourists' road.

23. (1) The Road Construction Authority shall be charged with the carrying out of permanent works and permanent improvements to and the maintenance of ever>'forest road.

(2) Nothing in this Act shall be construed as restricting or limiting the right of the Forests Commission within any State forest to construct roads or maintain or carry out worksof permanent improvement, deviation or widening on roads so constructed in the exercise of its powers and duties in accordance with the provisions of the Forests Act 1958.

24. <I) The Road Construction Authority shall be charged with the carrying out of permanent works and permanent improvements to and the maintenance of every stock route.

(2) Where— {a) any road (other than a road which is a deviation from a State highway) or any

section thereof; or (b) any part of a main road or of any section thereof—

has been declared a stock route the Road Construction Authority may, by notice served not later than 1 October, require any municipality within or through the municipal district of which the stock route lies or runs, to contribute an amount not exceeding one-quarter of the amount applied out of its general fund by the Road Construction Authority in respea of the maintenance during the immediately preceding hnancial year of that stock route or the portion thereof within the municipal district of that municipaUty.

<3) The amount required to be contributed pursuant to sub-clause (2) shall be due and payable by the municipality to the Road Constmaion Authority on 1 January following the service of the notice and shall be a debt due and payable to Her Majesty and payment thereof and all remedies therefor may be enforced in the name of Her Migesty against the municipality and the municipal fund thereof.

25. (I) A metropolitan bridge shall be a public highway and shall be part of any street or road continuous therewith.

(2) The Road Construction Authority may reconstruct or strengthen in whole or in part or widen or improve any metropolitan bridge and may execute ancillary works in conjunction with any such reconstruction, sttengthening, widening or improvement.

(3) The Road Construction Authority shall be charged with the maintenance of every metropolitan bridge.

26. (1) The powers authorities and duties of the Road Construction Authority include—

(a) the operation maintenance and repair of the West Gate Bridge and in relation thereto the carrying out of ancillary works and ancillary tasks;

(b) in relation to the West Gate Bridge the constmaion of ancillary works and ancillary structures and things;

(c) the financing of the performance of the powers authorities and duties referred to in paragraphs (a) and (6).

(2) Nothing in this Act shall be deemed to affect or interfere with the control and jurisdiction of the Port of Melbourne Authority over the Port of Melbourne except so far as any such control and Jurisdiction may be necessarily restricted by reason of the existence and maintenance of the West Gate Bridge and the Road Construction Authority shall uke all such steps as are reasonably praaicable to avoid any unnecessary interference with the passage or re-passage of any thing or vessel within the Port, but no action suit or other proceedings shall be commenced or maintained against the State of Victoria or the Road Construction Authority or the Port of Melbourne Authority or any municipality or


SCHEDULE 5-~c<>niinued

against any person acting for or with the authority of the Road Construction Authority for or in respect of—

(a) any obstruction loihedowofwater inorof the navigation of the River Yarra occasioned or alleged lo be occasioned by— (i) the West Gate Bridge;

(ii) any construction work carried out in connexion with the maintenance repairorcperationof the West Gate Bridge;

(iii) the carrying out of any works in connexion with such consiruciion maintenance repair or operation or works preliminary or incidental thereto or necessary or convenient by reason thereof; or

(b) any injury loss damage or accident occasioned or alleged to be occasioned by reason of any such obstruction or in any way whatever arising therefrom,

(3) Notwithstanding anything in this Act or in any other Act or enactment, the Road . Construction Authority may with the concurrence of the Minister demand and take reasonable tolls and charges in respect of all traffic or in respect of any class or classes of traffic other than pedestrian traffic across the West Gale Bridge.

(4) Tolls shall not be demanded or taken by vinue of this Act from any member of the police force of Victoria or of any defence force of the Commonwealth of Australia whilst acting in the course of his employment or in respect of any vehicle equipped and used for ambulance services or for combating outbreaks of lire.

27. (I) The powers functions and duties conferred and imposed upon municipal councils by or under Division 14 of Part XIX. of the Local Government Act 1958 shall so far as applicable be conferred and imposed also upon the Road Construction Authority so fitr as relates to the declaration of the alignment, the widening and opening up of declared roads and the provisions of that Division shall extend and apply accordingly with such modifications as are necessary.

(2) Adeclaredroadshallnot be widened oropened up pursuant to thisclause unless the Minister has approved such widening or opening up.

(3) The opening up or widening of any declared road and the execution of any ancillary works in conjunction therewith pursuant to this clause shall for all purposes be deemed to be the making of such declared road pursuant to this Act.

(4) If any question arises between the council of any municipality and the Road Construction Authority as to or arising out of the exercise or carrying out by either of its powers functions or duties under Division 14 of Pan XIX. of \ht Local Government Aa 1958 or this clause in respect of any declared road the Governor in Council may by Order finally and conclusively determine that question and may for the purpose of that determination adjust and apportion any matter or thing between the council and the Road Construction Authority.

R.C.A. lo lwv« ccruin municipal powers, fuibciioiu and duties ^

SCHEDULE 6

FEESONTRANSFEROFCOMMERCIAL PASSENGER VEHICLE LICENCES

A. In the case ofihe transfer ofa licence to operate a vehicle as a taxi-cab or private Stciion \A<>. hire car where the transfer is from the person to whom the licence was first granted by the Authority and the licence is subject to an existing condition prohibiting transfer except under certain conditions the fee shall b e -

where the licence was hrst granted less than 11 years from 25 per centum of the thedaieof the transfer value of the ttoenoe

where the licence was first granted more than 11 years but less than 12 years from the date of the transfer

23 per centum of the value of the licettce

58g 1983 Transport No. 9921

SCHEDULE b--continued

where the licence was first granted more than 12 years 21 per centum of the but less than 13yearsfrom the date of the transfer value of the licence

where the licence was first granted more than 13 years 19 per centum of the but less than 14 years from the date of the transfer value of the licence

where the licence was first granted more ihaii 14 years 17 per centum of the but less than 15 years from the date of the transfer value of the licence

where the licence was first granted more than 15 years 15 per centum of the but less than l6yearsfTom the date of the transfer value of the licence

where the licence was first granted more than 16 years 12' per centum of the but less than 17 years from the date of the transfer value of the licence

where ihc licence was first granted more than 17 years 10 per centum of the but less than 18 years from the date of the transfer value of the licence

where the licence was first granted more than 18 years Vh per centum of the but less than 19 years firom the date of the transfer value of the licence

where the licence was first granted more than 19 years 5 per centum of the but less than 20 years from the date of the transfer value of the licence

B. In the case of any other transfer of a licence to operate a commercial passenger vehicle except where—

(i) the transfer is to a beneficiary in the estate of a deceased licence holder; (li) with the approval of the Authority, the transfer is to a corporation of which

the licence holder is a director; or

(iii) in other circumstances where the Authority so determines—

a fee of 5 per centum of the value of the licence.

C. In all other cases a fee of $10.

ScclionlJO. SCHEDULE?

COVENANTS TO BE INCLUDED IN DEED OF ASSIGNMENT

The assignee hereby covenants with the assignor to submit the licensed vehicle for inspection when required by the Authority or an officer or inspector of the Authority.

The assignor hereby covenants with the assignee— (a) that at all times during the currency of this agreement he shall make all

necessary applications to the Authority for renewal of the licence the rights under which are assigned by this agreement and shall pay the fees for such renewal and any amount payable by way of seating tax;

(b) to return to the Authority for safe keeping the licence and allow all the endorsements required to be made thereon by or under the Transport Act 1983;

(c) to apply to the Authority as required by or under this Act for authority to assign the rights under the licence.

1983 Transport No. 992! 589

SCHEDULES

CLASSES, KINDS OR DESCRIPTIONS OF GOODS Seclion \i%.

PART A

Column One Column Two

Bulk barley Bulk briquettes Bulk limestone Bulk oats Bulk petroleum products Bulk wheat

60 kilometres 80 kilon^ etres 80 kilometres 60 kilometres 80 kilometres 60 kilometres

PARTB

Column One Column Two

Aviation turbine fuel

Bulk cement

Bulk superphosf^te

Undressed sawn hardwood

Prom any place in Victoria to Melbourne Airport at Tullamarine.

From the townships of Fyansford or Waum Ponds to any other place in Victoria.

From the place of manu&cture to any place outside a radius of 160 kilometres from the place of manu&cture.

From any sawmill situated to the east of a north-south line drawn through the centre of the town of Cowwarr to any place within a radius of 72 kilometres from the post office situated at the corner of Boufke and Elizabeth streets in the City of Melbourne.

SCHEDULE 9

PRESCRIBED PENALTIES FOR CERTAIN TRAFHC INFRINGEMENTS.

Driving over double lines

Throwing down or dropping litter from a motor car on highway ..

Failing to give way at intersection

Exceeding any speed limit by more than fifteen kilometres an hour but less than twenty-five kilometres an hour

Disobeying any traffic control signal

Passing stationary tram car

Using on highway motor car or trailer not in good mechanical order or not in safe or Ihoroti^ly serviceable condition

UnlawrfuUy tumtngto rightor left

SecttonJll.

$

95

90

95

90

90

90

75 55


SCHEDULE 9t-(Y>n«Muc /

Exceeding any s ) ^ limit by not more than fifteen kitometres an hour .. 55

Failing to keep to the left 55

Failing to dip headl^ts.. 55

Failingiogivc signal 55

CKsobcyingatraflicsign .. 55

Failingtohaye prescribed lights.. 40 Failingtowearaproperlya^iustedand&stcnedscatbelt 40

No number plate bearing identifying number, obscured identifying number or identifying number not clearly distinguishable 40

No ideiitifying number displayed on vehicle (not being motor car or trailer) attached to inotor car, obscured identifying number or identifying number not clnrly distinguishable 40

No registration label, obscured registration label or registration label not clearly visible 40 No general identification niark displayed by means of special identification plates, obscured general identification maA or general identification mark not clearly distinguishable 40

Havingiiorearvisionmirrororhavingineffectiverearvisionmirror .. 40

Seciian2ll SCHEDULE 10

OFFENCES IN RESPECT OF WHICH TRANSPORT INFRINGEMENT NOTICES MAY BE SERVED

The oSences in respect of which a transport infringentent notice may be served are: (a) Makingjoumey in carriage without vklid ticket (section 221 (3)); {b) Failing to produce valid tidcet upon request by authorized person (section

221 (4)); (c) Any officnoeuitder section 222; (d) Wilfitlly trespassing upon any land or premises the properiy of an Authority

{seciion223>; (f) Without reasonable excuse entering or attemptittg to enter, boarding or

attempting to board or leaviitg or attempting to leave a vehicle used or intended to be used on a railway while it is in motion;

( / ) Without reasonable excuse protruditig any portion of his body from an open door or window of a vehicle used or intended to be used on a railway while it is in motion;

ii) Oossing or attempting to cross a line of railway elsewhere than at a place provided as a crossing place;

<A) Crossing or attempting to cross a line of railway at a place provided as a crossing place for pedestrians if a wig-wag, alternating red l ^ t or b6om barrier installation is operating at an immediately atfjaoent vehicular crossing;

(/) Without reasonable excuse placing feet upon any part of a vehicle or premises the property of the State Transport Authority or the Metropolitan Transit Authority unless such part is specifically designed for the placing of feet

1983 Transport No. 9921 j ^ ,

SCHEDULE II s ^ i „ 3 „

REPEALS

Act No. Short Title.

1529 Dookie and Katamatite Tramway Act 1897. 1956 St.Kilda and Brighton Electric Street Railway Act 1904. 1973 St.Kilda and Brighton Electric Street Railway Extension Act 1905. 2035 St.Kilda and Brighton Electric Railway Extension Act 1906. 2078 Tocumwal Railway Extension Aa 1907, 2136 Tolmie Railway Act 1907. 2190 Nonhcote Railway Station Improvement Act 1909. 2606 Linton to Skipton Railway Land Act 1915. 2754 Rushworth to Stanhope North Railway Construction Act 1915. 2879 North Geelong to Fyansford Railway Construction Act 1916. 2984 Murchison and Rushworth Railway Deviation Act 1918. 3084 Morwell Brown Coal Railway Construction Act 1920. 3152 Port Fairy to Yambuk and Won Wron to Woodside Railways Construction Act

1921. 3312 Goroke to Morea Railway Construction Act 1923. 3561 Nowingi to Millewa South Railway Construction Act 1927. 424 J North Geelong to Fyansford Railway Construction Act 1934. 4365 Wodonga and Taltangatta Railway Deviation Act 1936. 4369 Warranook Railway (Dismantling) Act 1936. 4518 Triholm and Strezlecki Railway (Dismantling) Act 1937. 4558 Outer Circle Railway (Partial Dismantling) Aa 1938. 4801 Nowingi to Millewa South Railway (Partial Dismantling) ^c( 1941. 4822 Lai Lai Racecourse Railway (Dismantling) Act 1941, 4936 Yannathan and Triholm Railway (Dismantling) Act 1942. 4962 Railway Construction (Extension) Act 1943. 5010 Outer Circle Railway (Partial Dismantling) Act 1944. 5026 Border Railways Act 1944. 5) 88 Railways (Mont Park Siding) Act 1946. 5323 Gippsland Railway (Duplication and Regrading) Aa 1948. 5352 Moe to Yallourn Railway Construction Act 1948. 5355 Fern Tree Gully and Gembrook Railway (Reconstruaion) Act 1948.

1-5399 Lancefield and Kilmore Railway (Disposal of Land) Act 1949. 5509 Railways Dismantling Act 1950. 5552 Railways Dismantling Act 1951. 5582 Gippsland Railway (Duplication and Regrading) Extension Act \9S1. S59I Kerang andKoondrook Tramway Act 1951. 5872 Railway Deviations Act 1955. S891 Wonthaggi Railway Land Act 1955. 5939 Railways Dismantling Act 1955. 5977 St. Kilda and Brighton Elearic Street Railway (Partial Dismantling) Act 1956. 6027 Appleton Dock Railway Construction Aa 1956. 6033 Railways (MaSvern Subways) Act 1956. 6072 Sandringkam to Black Rock Electric Street Railway (Dismantling) Act 1957. 6095 Transport (Westernport Bay) Act 1957. 6133 Swan Hill Railway Land Act \957. 6158 Railway Loan Application Act \9S7. 6229 Country Roads Act 1958. 6311 Melbourne and Metropolitan Tramways Act 1958. 6322 Ministry of Transport Act 1958. 6354 Railway Lands Acquisition Act 1958. 6355 Railways Act 1958. 63.59 Road Traffic Act \95Z.

592 1 83 Transport No. 9921

SCHEDULE t \—continued

Act No. Short rule.

6400 Transport Regulation Act 1958. 6469 St. Hilda and Brighton Electric Street Railway (Dismantling) Act 1958. 6669 Gippsland Railway Deviation Act 1960. 6670 Hamilton Stockyards Railway Construction Act 1960. 6697 Geetong and Cotac Railway (Deviation) Act I960. 6792 North Geelong to Fyansford Railway Deviation Act 1961. 6868 Tottenham to Brooklyn Railway Construction Act 1962, 6899 Railways (Yallourn Tracks) Act 1962. 6987 Railways Dismantling Act 1963, 6991 Railways (Brighton-street Richmond Bridge) Act 1963. 7049 Colacto YVeeaproinah Railways Dismantling Act 1963. 7111 Railway Lands Aci 1963. 7243 Altona Railway Extension Act 1965, 7306 Echuca Stockyards Railway Construction Act 1965. 7402 Paisley—Gatvin Railway Land Exchange Act 1966, 7414 Warragul and Neerim Railway Lands Act 1966. 7571 Railway Lands Act 1967. 7642 Barry Beach Railway Construction Act 1967. 7667 Tyabb to Long Island Railway Construction Act 1968. 8023 Melbourne Underground Rait Loop Act 1970, 8040 Railways Lands Act 1970. 8194 Flinders Street Station Area Redevelopment ^cf 1971. 8332 Road Traffic Act 1972, 8407 Recreation Vehicles Act 1973, 8573 Metropolitan Bridges Highways and Foreshores Act 1974. 8682 Heathcote Railway Removal Act 1975. 8910 Melbourne and Metropolitan Tramways (East Burwood Tramway) Act 1976, 9142 Railways (Amendment) Act 1978, 9185 Tocumwal Railway Extension (Supplementary Agreement Ratification) Act 1978, 9189 Railways Act \9n. 9193 Melbourne and Metropolitan Tramways (Bundoora Tramway) Act 1978, 9345 Railway Construction and Property Board Act 1979. 9377 Railways (Bridges) Act \9i.O. 9382 Melbourne Underground Rail Loop (Land Development) Act 1980, 9403 Motor Registration Act \9iQ. 9418 Transport (Road Funds) Act 1980. 9437 Country Roads (Road Marking) Act 1980. 9448 Transport Works and Services Act 1980. 9463 Railway Construction and Property (Amendment) Act 1980. 9503 Road Traffic (Amendment) Act 1980. 9511 Transport (Deregulation) Act 1980. 9523 Melbourne Underground Rati Loop (Amendment) Act 1981. 9536 Transport Regulation (Assignment of Licences) Act 1981. 9543 Railways (Long Service Leave) Act 1981. 9559 Melbourne Underground Rail Loop (Borrowing Powers) Act 1981. 9590 Transport (Fees) Act m\.. 9598 Melbourne and Metropolitan Tramways (Borrowing Powers) Act l;98l. 9606 Transport Regulation (Licence Fees Abolition) Act 1981. 9609 Tourist RailwaysAcl\9i\. j 9665 Railways (BorrowingPowers) Act ]9$l. 9703 Railways (Amendment) Act 1981. 9734 West Gate Bridge Authority (Transfer of Functions) Act 1982. 9742 Transport Regulation (Tow Trucks) Act 1982, 9748 Transport Regulation (Vehicles) Act 1982.



Act No. Short Title.

9783 Road Traffic (Amendment) Act \<f)i2. 9799 Ministry of Transport (Amendment) Act 1982, 9822 Eastern Railway Construction (Repeal) Act 1982. 9827 Railways (Amendment) Act 1982. 9832 River Entrance Docks Railway Construction (Amendment) Act 1982. 9835 Country Roads (Lands) Act 1982.

— Railways (Amendment) Act 1983. — Road TrafficlAmendment) Act \99y

SCHEDULE 12 AMENDMENTS TO OTHER ACTS

Act So. Short Title

8520 Albury-tVodonga Agreement Act 1973

3194 Border Railways Act 1922

In section IS (9) for the words "Country Roads Board" (here $hall be substituted the words "Road Construction Authority".

In section 4 for the interpretations of "Board" and "Commissioners" there shall be substituted the following interpretation:

' "Authcaity" meatts the Stale Transport Authority established under the Transport Act 1983.'

In sections 7, 8, 9, 10 and 22 for the word "Board" wherever occurring there shall be substituted the word "Authority".

In section 12 for the word "Board" where thirdly occurring there shall be substituted the word "Authority".

In sections 13, 19 and 20 for the word "Commissioners" wherever occurring there shall be substituted the word "Authority".

In section 11 for the expression "the Board or the Commissioner (as the case may be)" there shall be substituted the words "the Authority".

In section IS for the words "Board or the Commissioners" there shall be substituted the word "Authority".

Section 17 shall be repealed. In section l9forthe words "certificate signed

by the Board and the Chief Engineer for Railway Construction ceriifying that the construction of any railway authorized to be constructed by the Boud" there shall be substituted the words "notice by the Authority that the construction of any railway authorized to be constructed by the Authority".


SCHEDULE [2~continued

Aa No. Short Title Amendment

In section 19 (2) for the word "certificate" there shall be substituted the word "notice".

In section 19 (3) for the word "Board" thete shall be sutetituted the word "Authority".

Part I. of the Second Schedule shall be amended as follows: (a) In clauses I, 3 and S for the word

"Board" wherever occurring there shall be substituted the word "Authority";

(b) In clause I for the expression "by section forty-six of the Railways Act 191S" there shall be substituted the expression "by the Transport Act 1983";

(c) In clause 2 for the words "Board or ^K Commissioners" there shall be substituted the word "Authority";

(</) In clause-4— ()) for the words "Neither the

Board nor the Commissioners diall" there shall be substituted the words "The Authority shall not"; and

(ii) for the words "nor shall the Board or the Commissioners be" there shall be substituted the words "and the Authority shall not be"; aiKl

(e) In clause 6 for the words "Board or in the Commissioners" there shall be substituted the word "Authority".

Pan II. of the Second Schedule shall be amended as follows:

ia) In clauses 2 (!>, 2 (4), 4 (2) and 5 for the word "Board" wherever occurring there shall be substituted the word "Authority";

(b) Inclau$e2(3)(c)forthewoid"&oaid" where first occurring there shall be substituted the word "Authority"; and

(c) In clause 2 (10) for the words "Minister of Railways" there shall be substituted the words "Minister of Transport",

1983

Aa No. Short Title

Transport

SCHEDULE n—continued

Amendment

No. 9921

._

595

9750 Bourke Street Malt Act 1982

9650 Chattel Securities Aa 1981

6221

87SO

CoaiMinesAa 1958

Constitution Act \91i

In section 12 (S) for the woids "Melbourne and Metropolitan Tramways Board" there shall be substituted the words "Metropolitan Transit Authority".

In section 2 (I) for the interpretation of "Board" there shall be substituted the following interpretation:

' "Authority" means the Road Traffic Authority established under the Transport Act 1983.'

In sections 14, 15, 16, 18, 19,20,21 (2), 22 and 23 (1) (a) for the word "Board" wherever occurring there shall be substiiuied the word "Authority".

In section 116 (3) (c) for the words "Victorian Railways Board" there shall be substituted the words "State Transport Authority".

In sections 61 and 95 (3) for the expression "Railways Act 1958'* there shall be substituted the expression "Transport Act 1983".

In section 9i (2) the words "Railways Discipline Board" shall be repealed.

6228 Country Fire Authority Act I9S8

6231 CrimesAct 1958

7060 Dandenong Valley Authority Act 1963

In section 3 in the interpretation of "Heat eitgine" for the words "Victorian Railways Board" there shall be substituted the words "Slate Transport Authority or the Metropolitan Transit Authority".

In the Sixth Schedule in Form 21 for the words "Victorian Railways Board" ihere shall be substituted the words "State Transport Authority or the Metropolitan Transit Authority".

In section 2 (1) in the interpretation of "Public authority"—

(a) for the words "Board of Land and Works the Victoriiui Railways Board" there shall be substituted the expression "State Transport Aiithority, the Metropolitan Transit Authority"; and

{b) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority".

596 '983 Transport No. 9921

SCHEDULE \2—continued _ _ _ .

No. Short Tide Amendment

6237 Drainage Areas Act 1958 In section 23 (2) for the words "Victorian Railways Board the Railway Construction Board" there shall be substituted the words "the State Transport Authority the Metropolitan Transit Authority".

In section 35 (5)—

(a) for the expression "Railway Construction Board, the Victorian Railways Board" there shall be substituted the expression "State Transport Authority, the Metropolitan Transit Authority"; and

(6) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority".

8811 Drainage of Land AaWi SecUon31 (l)shallbeamendedasfollows:

(a) For the expression "If Her M^esty, the Victorian Railways Board or the Railway Construction and Property Board" there shall be substituted the expression "If Her M i ^ y , the State Transport Authority or the Metropolitan Transit Authority";

ib) For the expression "Minister of Lands, the Victorian Railways Board or the Railway Construction and Property Board" there shall be substituted the expression "Minister of Lands, the State Transport Authority or the Metropolitan Transit Authority";

(c) Fortheword$"theVictorianRailway$ Board or the Railway Construction and Property Board" there shall be substituted the words "the State Transport Authority or the Metro[M>litan Transit Authority".

In section 31 (2) for the words "the Victorian Railways Board or the Railway Construction and Property Board" there shall be substituted the words "or the State Transport Authority or the Metropolitan Transit Authority".


SCHEDULE \2-continued

Act No. Short Title Amendment

6241 Electric Light and Power Act In section 3 (I) in the interpretations of 19SS "Government purposes" antt "Tdetrairfiic

line" and in sections S. 37 and 38 for the words "Railway Construction Board or the Victorian Railways Board" wherever occurring there shall be substituted the words "State Transport Authority or the Metropolitan Transit Authority".

In section 3 (1) in the interpretation of "Telegraphic line" for the expression "Railways Act ,\95i" there shall be substituted the expression "Transport Act 1983".

In section 4—

(a) for the words "Railway Construction Board and the Victorian Railways Board" there shall be substituted the words "State Transport Authority and the Metropolitan Transit Authority"; and

(b) for the words "said Boards" there shall be substituted the words "State Transport Authority and the Metropolitan Transit Authority".

In section 37 (1) for the word "Board" there shall be substituted the words "Stau Transport Authority or the Metropolitan Transit Authority".

In section 37 (2) for the words "said Boards" there shall be substituted the words "State Transport Authority or Metropolitan Transit Authority".

In section 37 ( 3 ^ {a) for the words "said Boards" wherever

occurring there shall be substituted the words "Slate Transport Authority or the Metropolitan Transit Authority"; and

(ft) for the words "the Board" wherever occuiring there shall be substituted the words "the State transport Authority or the Metropolitan Transit Authority".

In sections 37 (4), 37 (7) and 38 (6) for the words "said Boards" there shall be substituted the words "State Transport Authority or the Metropolitan' Transit Authority".


SCHEDULE \2'-Cohtintted


In section 38 (I) for the words "Railway Construction Board and \he Victorian Railways Board" there shall be substituted the words "State Transport Authority and the Metropolitan Transit Authority".

6244 Essential Services Act 1958 In section 3 in the iiiterpretation of "Essential service", for the expression "Victorian Railways Board, the Melbourne and Metropolitan Tramways Board" there shall be substituted the expression "State Transptm Authority, Metropolitan Transit Authority".

7499 Extractive Industries Act 1966

7733 FencesAct i96i

In section 27 (1) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority".

In section 39 for the expression "section 50 of the Co««/f>'ftoatfr^rt 1958" there shall be sutntituted the expression "section 42 ofthc Transport Act I9%y\

In section 19 <4). for the words "Railway Construction Board or the Victorian Railways Board" there shall be substituted the cxpres^on 'any "Authority" within the meaningofsection2ofthe Transport Act 1983*.

6254 Forests Aa 1958 In section 77 atid 99 (29) for the expression "Country Roads Act 1958" wherever occurrihe there shall be substituted the iXpns^on "Transport Act I9i3".

In section 19 (3) for the word "Board" there shall be substituted the word "Authority".

6263 Geelong Waterworks Sewerage Act \9$S

and In section 52— (a) for the words "Victorian Railways

Board" where twice occurring there shall be substituted the expression "State Transport Authority, Metropolitan Tiansit Authority"; and

(b) for the words "Board or Authority" there shall be substituted the words "relevant Authority".


SCHEDULE \2—continued

Act No. Shon Title Amendment

599

In section 76— (a) for the words "Victorian Railways

Board" there shall be substituted the expression "State Transport Authority, Metropolitan Transit Authority"; and

(ft) for the words "Board or Authority" wherever oocurrii^ there shall be substituted the expression "State Transport Authority, Metropolitan Transit Authority or Port of Geelong Authority",


Board" wherever occurring there shall be substituted the expression "State Transport Authority, Metropolitan Transit Authority"; and

<*) for the words "said Board or Authority" there shall be substituted the words "relevant Authority".

In section 92 for the words "Railway Construction Board the Victorian Railways Board" there shall be substituted the expression "State Transport Authority, the Metropolitan Transit Authority".

In section 171 (1) in the interpretation of "I*ublic corporation"—

(a) for the expression "Railway Construaion and Propeny Board, the Victorian Railways Board" there shall be substituted the expression "State Transport Authority, Metropolitan Transit Authority"; and

<*) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority".

In section 175 (I) (b) for the expression "Railway Consiriiction and Property Board, the Victorian Railways Board" there shall be substituted the expression "State Transport Authority, Metropolitan Transit Authority".

8265 Government Buildings In section IA in the imerpreution of "Public Advisoiy Council Act 1972 authority"—

(a) for the words "Country Roads Board" there shall be substitiited the words "Road Construaion Authority";

600 1983 Transpoii No. 9921


Act No. Short Title' Amendment

(b) Tor the words "Melbourne Underground Rail Lxwp Authority" there shall be substituted the words "Metropolitan Transit Authority";

(c) the expression "the Railway Construction aitd Property Board" shall be repealed; and

Id) for the words "Victorian Railways Board" there shall be substituted the words "State Transport Authority".

6266 Grain Elevators Aci \95i In section 3 (1) in the interpretation of "Public corporation"— (a) for the expression "Railway

Construaion Board, the Victorian Railways Board" there shall be substituted the expression "State Transport Authority, Metropolitan Transit Authority"; and

(b) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority".

In section S (2) for paragraph (c) there shall be substituted the following paragraph:

"(c) One shall be a person nominated by the Minister of Transport;"

In section S (3) for the words "Victorian Railways Board" where twice occurring there shall be substituted the words "State Tran^rart Authority".

In section 5 {12) and 7 (2) for the expression "Division nine of Part III. of the Railways Act 1958" there shall be substituted the expression "the Transport Act 1983".

In sections 8 (!) and 9 (I) for the words "railway service" wherever occurring there shall be substituted the words "transport service".

In section II (4) for the words "Railway Construction Board" there shall be

' substituted the words "State Transpon Authority".

In sections 12 and 23 for the words "Victorian Railways Board" there shall be substituted the expression "State Transpon Authority or Metropolitan Transit Authority".




601

9361 Grain Handling Improvement Authorities Act 1979

In section 2 for the interpretation of "Relevant Authority" there shall b« substituted the following interpretation:

* "Relevant Authority" means the Grain Elevators Board, the Port of Geelong Authority, the Port of Portland Authority, the Road Construction Authority and the State Transport Authority,'.

In sections 13(3) ((/), 14(3) (</) and I5(3)(c) for the words "Victorian Railways Board" there shall be substituted the words "State Transport Authority".

In section 14 (3) (e) for the words "Country Roads Board" there shall be substituted the woids "Road Construction Authority".

6268 Harbor Boards Act 1958 In section 105 for the words "Victorian Railways Board" there shall be substituted the words "State Transport Authority"

6284 UndAct 1958 In section 22A (6) for the expression "section seventy-six of the Railways Act 1958" there shall be substituted the expression "the Transport Aa 1983".

In section 270 for the words "Railway Construction Board or the Victorian Railways Board" there shall be substituted the words "State Transport Authority or the Metropolitan Transit Authority".

In sections 341 (1) and 355 for the words "Railway Construction Board" there shall be substituted the words "State Transport Authority or the Metropolitan TranMt Authority".

In section 348—

(a) for the words "Railway Construction and Property Board or the Victorian Railways Board" there shall be substituted the words "State Transport Authority or the Metropolitan Transit Authority"; and

(ft) for the expression "the Railway Construction and Property Board or the Victorian Railways Board (as the case may be)" there shall be substituted the words "the State Transport Authority or the Metropolitan Transit Authority".


SCHEDULE M-continued

Acl No. Short Titk Amendinem

6290 Latrobe Valley Act 1958

7695 Liquor Control Act 1968

6299 Local Government Act 1958

In the Third Schedule—

(a) for the expression "Railway Construction and Property Board (hereinafter called the Board) or the Victorian Railways Board" there shall be substituted the words "State Transport Authority"; and

{b) foTthewoFds"lheBoaTdorVictorian Railways Board" where twice occurrii^ there shall be substituted the words "the State Transport Authority".

In section 15 in the interpretation of "Public authority"—

(a) for the expression "Railway Construction Board, the Victorian Railways Board," there shall be substituted the words "State Transport Authority"; and

0) for ihe words "Country Roads Board" there shall be substituted the words "Road Construction Authority".

In section 2 (8) for the words "Victorian Railways Board" there shall be substituted the words "the State Transport Authority or the Metropolitan Transit Authority",

In sections 41 (1) (c) and 41 (5) for the words "Victorian Railways Board" there shall be substituted the words "State Transport Authority or the Metropolitan Transit Authoiity",

In section 197 (1) (xxxi) {d) for the words "Country Rrads Board" there shall be substituted the words "Road Construction Authority".

In section 197 (3)(a) for the expression "the Road Safety and Traffic Authority constituted under the Road Traffic Act 1958" there shall be substituted the expression "the Road Traffic Authority established under the rra/u/K»t;4<v 1983".

In section 198 (7>—

(a) for the expression "Court/ryRoodi/Icr 1958" where twice occurring there shall be substituted the expression "Transport Act 1983";

(b) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority";


SCHEDULE \2-<vniinued

Aa No. Short Title Amcndmeni

603

(r) the words "developtnental road" shall be repealed: and

(rf) for the expression "by-law made by the said Board pursuant to section sixty of" there shall be substituted the words "regulation made under".

In sections 239 (I) and 239 (2) for the words "Railway Construction Board" there shall be substituted the words "Sute Transport Authority or to the Metropolitan Transit Authority",

Section 251 (2) (c) (i) shall be repeated.

In section 436(2) for the expression "Country RoadsAct 1958" there shallbe substituted the expression "Transport Act 1983".

In section 505 (2) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority".

In section 5l6 for the words "Railway Construction Board" there shall be substituted the words "State Transpon Authority or the Metropolitan Transit Authority".

in section 534—

(a) for the words "the Country Roads Board Fund" there shall be substituted the words "money appropriated by Parliament for the purpose"; and

(A) for the expression "Coufl/o'^oodi/lcT 1958 without the consent in writing of the Country Roads Board" there shall be substituted the expression "Transpon Act 1983 without the

consent in writing of the Road Construction Authority".

In section 535 (10) for the expression "Pan I. ofthe/toarfrr#c^cn958" there shall be substituted the expression "section 93 of the Transport Act 1983".

In section S39A(tl) for the expression "Country ffoads Act 1958 or any

corresponding previous'enactment without the consent of the Country Roads Board" there shall be substituted the expression "Transport Act 1983 pr^ny corresponding previous enacttinent without the consent in writinj; of the Road Construction Authority".



Act

No. Short Title . Amendment -

In section 539B (17) tor the expression "OT proclaimed un<ter the Country Roads Act 1958 without first <^taining the consent in writing of the Country Roads Board" there Shalt be substituted the expression "under the Transport Act 1983 without first obtaining the consent in writing of the Road Construction Authority".

In section S39B (18D) for the expression "Road Traffic Act 1958" there shall be substituted the expression "Transport Act 1983".

In section S39c (8) for the words "Road Safety and Traffic Authority" there shall be substituted the words "Road Traffic Authority".

li»sectionS46<2B)—

(a) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority"; and

(i>) for the expression "Country Roads Act 1958" theie shall be substituted the expression "Transport Act 1983".

In section 555A for the expression "Part 1. of the Road Traffic Act 1958" there shall be substituted the expression "Division 2 of Part VI. of the Transport Act 1983".

In section 569B(2) (C)—

(a) for the words "or freeway" there shall be substituted the words "freeway or proposed freeway";

(b) for the expression "Country Roads Act 1958" there shall be substituted the expression "Transport Act I983";and

(c) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority".

]n section 642 (3) for the words "Railway Construction Board" there shall be substituted the words "State Transport Authority or in the Metropolitan Transit Authority".

In section 670 for Ae expresMon "Melbourne and Metropolitan Tramways Act 1958 or the Tramways Act 1958" there shall be substituted the expression "Transport Act 1983"


SCHEDULE 12-continued


605

<i73i

6302

6304

In section 851—

{a) for the words "Victorian Railways Board" where twice occurring there shall be subslituied the words "Stale Transport Authority or the Metropolitan Transit Auihoriiy"; and

0) for the words "the Board" wherever occurring there shall be substituted the words "the Slate Transpon AtJthoriiy or the Metropolitan Transit Authority".

Magistrates (Summary In section 11 (I) for the expression "Part 11. Proceedings) Act 1975 of the Road Traffic Act 1958" there shall

be substituted the expression "Pan Vll. of the Transport Act 1983",

In section M (6) (d) for the expression "subparagraph (i) of paragraph (a) of subsection (3) of section 11 of the Road Traffic Act 1958" there shall be substituted the expression "section 209 (3) (a) of the Transport Act 1983".

In Schedule One— (a) the expression "Commercial Goods

Vehicles Act 1958. Country Roads Act 1958." shall be repealed; and

(fc) for the expression "fia(/vwj'5/4c( 1958. Transport Regulation Act 1958," there shall be substituted the expression "Transport Act I9iy\

In Schedule Two-(a) in paragraph (a) for the expression

"ihe Road Traffic Act 1958" there shall be subsliiuied the expression "Part Vll. of the Transport Act 1983"; and

(b) for paragraphs {b), (c) and (d) there shall be substituted the following paragraph: "(b) Offences against the Transport

j4i'/l983(except offences against sections 105, 112 and tl3)and the regulations made under the Transpon Act 1983",

In sections 7B(3)and7B(6) for the expression "Pan I, ofthe/t(j(K^7'ra^C/<c/1958" there shall be substituted the expression "Division 2 of Part VI, of the Transport Act 1983".

In section 29—

(a) the expression "the Railways Act 1958 or" shall be repealed; and

(b) the words "The Victorian Railways Commissioners and" shall be repealed.

MarineAct 1958

Marketing of Primary Products Act 1958

606 1983

Act No. Short Title

Transport


Amendment

No. 9921

6310 Melbourne and Metropolitan In sections 60 (1), 149, 1S2, 180, 181, 183, Board of IVorh Act 195% 239.263(5), 2720) (i) and 276 (7) for the

words "Victorian Railways Board" wherever occurring there shall be substituted the words "Metropolitan Transit Authority or State Transport Authority".

In section 21 7A (I) for the words "Melbourne Underground Rail Loop Authority" there shall be substituted the words "Metropolitan Transit Authority".

In section 219 (3) (c) for the expression "Melbourne Underground Rail Loop Act 1970" there shall be substituted the expressioii "Transport Act 1983".

In section 239 the words "or of the Railway Construction Board" shall be repealed.

In section 259 (1) in the interpretation of "Public Corporation"—

(a) for the expression "Railway Construction and Property Board, the Victorian Railways Board" there shall be substituted ^e expression "State Transport Authority, Metropolitan Transit Authority";

(b) for the expression "Country Roads Board" there shall be substituted the expression "Road Construction Authority"; and

(c) the expression ", the Melbourne and Metropolitan Tramways Board," shall be repealed.

8429 Motor Accidents Act 1973 In sections 13 (3), 71 and 72 for the words "Victorian Railways Board" wherever occurring there shall be substituted the words "State Transport Authority or the Metropolitan Transit Authority".

In sections 13 (3), 70 (3), 73 and 74 (I) for the words "Melbourne and Metropolitan Tramways Board" there shall be substituted the words "Metropolitan Transit Authority".

In sections 13 (3) and 13 (4) for the expression "Recreation I eAie/e5/<rt 1973" there shall be substituted the expression "Transport ^rtl983".


SCHEDULE \2—coniimed


607

6832 Motor Boating Act \96\ Insection2(l)—

(a) the interpretation or"BoaFd" shall be repealed;

{b) intheinterpreutionof'Registiation oflice" and "Registration officers" for the won) "Board" there shall be substituted the words "Road Traffic Authority"; and

(c) after the interpretation of "Regulation" there shall be inserted the following interpretation:

* "Road Traffic Authority" means the Road Traffic Authority established underthe Transport Act 1983.'.

Insectioos7(l)v$,9, 9A, 10(1), 13,14, 14A, 32, 32A (2) (vi) (6) and 34 for the word "Board" wherever occurring there shall be substituted the words "Road Traffic Authority".

In sections 9 (2) (A), 9 (5), 9 (6), 13 (1). 13 (2) and 34 for the words "Secretary to" there shall be substituted the words "Managing Director of".

Insection 32A (1) for the expression "section llA of the Road Traffic Act 1958" there shall be substituted the expression "section 211 of the Transport Act 1983".

In section 32A (2) for the expression:

"(d) sub>seaions (4o) to (4H) inclusive;

(b) sub-section (5A); and

(c) sut>-sections(7)to(10)inclusive—

of section WAOtthe Road Trt^c Act 1958" there diall be substituted the expression:

"{a) sub-sections(6)and{7)ofsection210;

(b) sub-seaions (4), (5), (6), (7), (8) and (9)afsection211;and

(c) section 213— of the Transport Act 1983".

In section 32A (2) (iii) for the expression "Schedule Two to the Road Trqffic Act 1958" there shall be substituted the expression "Schedule 10 of the Transport Action".

In section 32A (2) (iv) for the expression "paragraph (ft) of sub-section (4D) of the said section 1 1A of the Road Traffic Act

608 1983

Act No. Short Title

Transport

SCHEDULE 12 ^continued

Amendment

No. 9921

1958" there shall be substituted the expression "section 211 (4) {b) of the Transport Act 1983".

6325 Motor Car Act 1958 In section 3(1)—

(d) after the interpretation of "Articulated motorcar" there shall be inserted the following interptelation:

' "Authority" means the Road Traffic Authority established under the Transport Act 1983.';

(b) the interpretation of "Board" shall be repealed;

(c) in the interpretations of "Carrying capadiy", "Load sharing suspension system", "Registration Officer", and "Route service omnibus" for the word "Board" wherever occurring there shall be substituted the word "Authority";

(d) for the interpretation of "officer in charge of the Motor Registration Branch" there shall be substituted the following interpretation:

* "Officer in charge of the Registration and Regulation Bureau" means the person for the time being in charge under the Authority of the registration of motor cars and the licensing of drivers under this Aa.'; and

{€) after the interpretation of "Tri-axle group" there shall be inserted the following interpretation:

' "Tribunal" means the Road Transport Licensing Tribunal established under the Transport Act 1983;

In sections 5A, 6, 7 [(other than section 7 (I) (a)l,9,10, U, llA, 12,13, 13A, 14, 15,16, 16A, 17 (1), 19, 21A, 21B, 21D, 21E, 21L, 2lM, 22, 22AA, 22B, 22D, 23AA, 24A (2), 24A (4). 24A (5), 25A (6), 26 (1), 26 (3), 27, 27A (1), 27B (3), 27B (4), 27E, 27F, 27O (3), 3l(l).31(3),33(l)(p),33{lA)(A),33(U) (/f), 33 (lA) iu\ 33 (lE), 34 (I), 38 (1) (in the interpretation of "Appropriate insurance premium"], 39 (3), 41B, 42,43, 44, 71 (2), 86, 90A, 93 (1), 93 (2A), and the Second Schedule for the word "Board" wherever occurring, there shall be substituted the word "Authority".


SCHEDULE 12-<:on((>iw«/


609

In sections 22AA (3), 25 (4A), 25 (6), 25A (IX 25A (3). 25A (4), 25A (6), 278 (1), 27B (5). 27D. 27E, 27F (2). 27o <1>, 27G (2), 27G (2B), 3lA (2), 3lA (4). 3lA (S). 3)AA (3), 3lAB(I)i, 3lAC{l>. 3lAD()), 31B(2), 70(3) and 7) (2A) for the words "Chief Commissioner" wherever occurring there shall be substituted the word "Authority".

In section 6 sub-sections (2B) and (2c) shall be repealed.

For section 21 F there shall be substituted the followiivg section:

"21F. (1) Where a supervisor appointed Cin«ii»tionor pursuant to section 2le is of the opinion ^ ^ ^ | ^ that—

{a) the holder of a licence under section 21D is not a fit and proper person;

{b) thepremiscsoftheholderofalicenoe under section 21D are not suitably equipped or the staff are not adequately trained; or

(c) any i«ovisions of this Pan or the regulations made under this Part which apply in respect of licensed testers and the testing of motor car^ trailers and semi-trailers have not been complied with—

the supervisor may apply to the Tribunal to have the licence of thAt tester cancelled or suspended for such period as the Tribunal determines.

(2) The Tribunal shall notify in writing ttte licensed tester—

{a) that an apiriication has been made pursuant to sub-section (1);

{b) of the date on which the application is to be heard; and

(<;) that he may appear and give evidence at the hearing pursuant to Part VI. of the Trampon Act 19S3.

(3) Where the Tribunal determines to cancel or suspend a licence puisi>ant to this section, the Authority shall give eftct to the decision and shall advise the holder of the licence by notice in writing that the licence has been cancelled or suspended for the period specified in the notice.".

Section 2lc shall be repealed.

S9Z3«/«3—20


SCHEDUU 12 -continued

Aa No. Short Title Amendment

tn section 21H—

(it) tfl paragreph (ea) for the words "and regulating appeals to the Safety Inspection Advisory Committee" there shall be substituted the words "appeals to the Tribunal"; and

(ft) paragraph (k) shall be repealed.

In sections 2li and 21K after the words "pcAUx fotte" wherever occurring there shall be inserted the words "or an officer of the Authority appointed in writing for the purposes of this [>iv)sion".

In section 21K {1)(C) after the words "police suiton" there shall be inserted the expression ", registration office or vehicle inspection centre".

In section 22B (3) for the expression "subjection (4B) of section l U of the Road Trqgic Act 195«" there shall be substituted the expression "section 211 (2) otibtTratt^iortAct 1983".

In section 23AA— la) in sub-section (2) after the words

"shall issue a" there shall be inserted the words "motor cat";

(b) in subjection (4) after the words "applicant has a" there shall be inserted the wonls "motor car";

(c) in sub-section (S) for the words "an endorsed" there diall be substituted the word "a";

(4) in sub-section (21) (a) before the expression "learner's permit" there shall be inserted the words "motor car"; and

(e) in sub-section (29) before the expression "learner's permit" there shall be inserted the words "motor car".

In section 24A—

(a) fiE>r sub-section (7) there shall be substituted the following sub-section;

"(7) The Tribtmal may caiKel any instructor's licence or suspend any instructor's liceiKe for such term as it thinks fit, if the Tribunal is satisfied after giving the holder of the licence a reasonaMe oi^ortunity to show cause why the licence should not be




611

cancelled or suspended that he has been guilty of conduct making him unfit to hold such a licence."; and

(b) for sub-sections (9) and (10) there shall be substituted the following sub-sections:

"(9) Where the Authority refuses to issue an instructor's licence or an instructor's licence for every class or kind of vehicle applied for, the applicant upon giving the Authority and the clerk of the court at least 14 days notice in writing of his intention to do so may appeal against that tefusal to a magistrates' court

<10) Upon any appeal pursuant to sub-section (9) the Court shall—

{a) re-determine the matter of the refusal; .

(b) hear any relevant evidence tendeied whether by the applicant or the Authority; and

(c) withoutlimitingthegcneraJityof its discretion, take into consideration all the matters that the Authority should have taken into consideration in determining the matter of such refusal.

(IOA) Every decision of the court under this section shall be final and conclusive and shall be given effect to by the Aulhorily,"

tn section 24 (I i) for the word "Board" there shall be substituted the words "members of the Authority".

In section 25(1)— {a) forthe words "Board may" theteshall

be substituted U»e words "Authority may";

ib) for the words "Chief Commissioner may suspend for such time as he" there shall be substituted the words ''Authority may suspend for such time as it"; - . . ' . .

(c) for the expression "Chief Commissioner (or, in the case of an application, the Board)" there shall be substituted the word "Authority";


SCHEDULE M-continued

Act No. Short Tide Amendment

(rf) for the expression "Chief Commissioner (or, in the case of an application for a learner's permit or learner's endorsement, the Board)" there shall be substituted the word "Authority"; and

{e) for the expression "the Board or the Chief Commissioner (as the case may be)" there shall be substituted the word "Authority",

In sections 25 (1A) and 25 (5) for the expression "Board or the Chief Commissioner (as the case may be)" wherever occurring there shall be substituted the word "Atithority".


(a) for the word "Board" wherever occuning there shall be substituted the word "Authority";

(ft) for the words "the Chief Commissioner cancels" there shall be substituted the word "cancels"; and

(c) the expression "or the Chief Commissioner (as the case may be)" wherever occurring shall be repealed.

In section 25 {i)—

{a) for the expression "any other person to the Board or the Chief Commissioner (as the case may be)" there shall be substituted the words "the Authority"; and

(6) for the expression "Board or the Chief Commissioner (as the case may be) ought to" there shall be substituted the words "Authority should".

In section 25 (4) for the expression "Board or the Chief Commissioner (as the case may be)" there shall be sutetituted the word "Authority".

In section 25 (6) for the words "upon him" there shall be substituted the words "upon the Authority".

In seaion 2SA (5) for the words "Chief Commissioner" there shall be substituted the words "members of the Authority".

In seaion 27A (I) for the expression "sub* section (1) of section IIA of the Road Traffic Act 1958" there shall be substituted the expression "section 211 (I) of the Transport Aa 1983",


SCHEDULE l2-contirtued


613

In section 27G (3)—

{a) for the words "the Board any" there shall be substituted the words "the Authority any": and

{b) for the words "Chief Commissioner and the Board" there shall be substituted the word "Authority".

In section 27a (4) for the words "Chief Commissioner" there ^lall be substituted the words "members of the Authority".

In section 31c (2) for the words "the Chief Commissioner has by notice in writing under his hand" there shall be substituted the words "the Authority has by notice".

In sections 32 (1), 33 (3) aiui 33 (4) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority".

In sections 33 (5), 33 (1) (a), 36 (1), 37 (1|, 37F (I), 37H (6) and 90 for the words "Country Roads Board" wherever occurring there shall be substituted the word "Authority".

In sections 32 (I), 32 {4), 33 (3), 33 (4), 35 (1) (d) and 90 <2} for the expression "Country Roads Act 1958" wherever occurring there shall be substituted the expression "Transport Act 1983".

In section 32 (1) for the words "said Board" wherever occurring there shall be substituted the words "Road Constniction Authority".

In section 33 (2) (c) <i) and the Second Schedule for the expressioit "Transport Regulation Act 1958" wherever occurring there shall be substituted the expression "Transport Act \ny.

In sections 33 (5) and 36 <1) the words "or of the Transport Regulation Board" shall be repealed.

In sections 37D (I), 37F (1). 90 (1), and 90 (4) for the words "Transport Regulation Board" wherever occurring there shall be substituted the word "Authority".

In sections 3S (1) (a), 35 (3) and 35 (4) for the words "said Board" wherever occurring there shall be substituted the word "Authority".



Aa No. Short Title Amctidmem

In section 34 (1) the words "Country Roads" shall be repealed.

In section 35 (2) for the w<«d "Board" there shall be sutotituted the word "Authority".


(a) for the words "Chairman or Secretary of the Country Roads Board" there shall be substituted the words "Managing Director, of the Authority"; and

(fr) for the words "the Board" there shall be substituted the words "the Authority".

In section 37 ()) the words "or the Transport Regulation Board" shall be repeated.

In section 37F< I) the words "or the Country Roads Board" shall be repealed.

In section 37 H (6) (ft) the expression ", an officer of the Transport Regulation Board" shall be repealed.

In section 37 H (6) {e) the expression ", officer of the Transport Regulation Board" shall be repealed.

In section 40 (3) for the words "Melbourne and Metropolitan Tramways Board" there shall be substituted the words "Metropolitan Transit Authority".

In section 40(3)—

(<i) for the words "said Board" wherever occurring there shall be substittited the words "Metropolitan Transit Atiihority"; ainl

(ft) for the words "the Board" there shall be substituted the words "the Metropolitan Transit Authority".

In section 44 (t) for the expression "the Recreation VeitidesAa 1973" there shall be substituted the expression "Division 3 of Part VI. of the Transport Act 1983".-

Section 45 shall be repealed.

In section 90 (1) for the words "the Boaird" there shall be substituted the words "the Authority".

In section 90 (2) for the words "chairman of the said Board" there shall be substituted the words "Managing Director of the Authority".


SCHEDULE \2~coniinue<i


615

)t7u2 National Parks Act 1975

7541 Pipelines Act i967

In section 90 (3)— (a) the words "any officer of the Transport

Regulation Board" Shalt be repealed; and

(6) for the words "Transport Regulation Board or" there shall be substituted the words "or any officer of the".

In section 90 (5) the words "or any officer the Transport Regulation Board" shall be repealed.

In section 93 (2D) for the words "Chief Commissioner or the Board" there shall be substituted the word "Authority".

In section 92 for the words "Motor Registration Branch" wherever occurring there shall be substituted the words "Registration and Regulation Bureau".

In the Fourth and Fifth Schedules for the expression "Road Traffic Act 1958" there shall be substituted the expression "Transport Act \9ii".

In section 3 (2)— (a) for the words "Country Roads Board"

there shall be substituted the words "Road Constmaion Authority"; and

0) for the words "Victorian Railways Board" there shall be substituted the words "State Transport Authoiiiy the Metropolitan Transit Authority".

In section 28 for the words "Viaorian Railways Board" there shall be substituted the words "State Transport Authority".

In section 29A—

(ff) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority"; and

(b) (oTtia^xprtiSion "Country Roads Act 1958" there shall be substituted the npresMon "Transport Act 1983".


(a) for the expression "CoiiWfyRoflflls/lcf 1958" there shall be substituted the expression"rrartywrMc( 1983";and

{b) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority",

In section 32— i {a) for the words "Victorian Railways

Board" there shall be substituted the

616 1983 Transport

SCHEDULE 12-ontirtued

No. 9921

Act No. Short Title

6262 Port ofGeelong Authority Act 1958

6312 Port of Melbourne Authority Act 1958

6340

6345

6347

Port of Portland Authority Act t958

Public Account Act 1958 Public Contracts Act 1958

Amendment

words "Stale Transport Authority or the Metropolitan Transit Authority"; and

(b) for the words "said Board" wherever occurring there shall be substituted the words "Slate Transport Authority or the Metropolitan Transit Authority".

In sections 66A (3) and 66A (6) for the expression "Part I. of the Road Traffic Act 1958" there shall be substituted the expression "Division 2 of Part VI, of the Transport Act 1983".

In section 101 for the words "Victorian Railways Board" there shall be substituted the words "Slate Transport Authority".

In sections 46 and 141 for the words "Victorian Railways Board" there shall be substituted the words "State Transport Authority or the Metropolitan Transit Authority",

In sections 90A (3) and 90A (6) for the expression "Pan I. of the Hoorf TVo c ^ci 1958" there shall be substituted the expression "Division 2of Part VI, of the Transport Act 1983".

In section 90B (2) for the words "Motor Registration Branch" there shall be substituted the words "Registration and Regulation Bureau of the Road Traffic Authority constituted under the TVaniporr Act 1983".

In section 100(2)—

{a) for the words "Melbourne and Metropolitan Tramways Board" there shall be substituted the words "Metropolitan Transit Authority";

(b) for the words "Victorian Railways Board" there shall be substituted the words "State Transport Authority"; and

(c) for the words "Country Roads Board of Victoria" there shall be substituted the words "Road Construction Authority".

In section 21(3) for the expression "Railways Act 1958" there shall be substituted the cxpics^on" Transport Act 1983".

Sections 5 (2A) and 17 shall be repealed. In section 3 in the interpretation of "Local

Authority" the expression ", the Melbourne and Metropoliun Tramways Board" shall be repeated.


SCHEDULE I2-comwu«/

Act No. Short Title Amendmeni

617

8656 Public Service Act 1974 In section 4—

{a) (be expression "or the Railways Act 1958" shall be repeated; and

(b) after sul>-seaion <2) there shall be inserted the following $ut>-section:

"<2A) Save as provided iit the Transport Act 1983 this Aa (except for seaion 69} shall itol apply to the transport service within the meaning of that Act."

6459 Railways (Standardization Agreemettt)Aci 1958

In sections I <2>, 4 (2>, 5 (2), 5 (3). 7,8 and 9 for the word "Commissioners" wherever occurring there shall t>e sulntituted the wo^ "Authority",

In section 2 for the interpretation of "Commissioners" there shall be substituted the following interpretation:

' "Authority" means the State Transport Authority established under the Transport Act 1983.*

In the heading preceding section 4 for the word "COMMISSIONERS" there shall be substituted the word "AUTHORITY".

In section 4 (2) for the words "Commissioners are" there shall be substituted the words "Authority is".

In section 5 (1>—

(a) for the words "Commiwioners their" there shall be substituted the words "Authority its";

(fr> for the words "Commissioners deem" there shall be substituted the words "Authority deems"; and

(c) for the expression "Commissioners by section seventy-nine of the Railways Act 1958" there shall be substituted the expression "Authority by the Transport Act \9i%".

In section 6 (2) for the words "The Victorian Railways Commissioners" there shall be substituted the words "The Authority".

In section 9 (2) for the expression "section one hundred and forty-nine of the Railways Act 1958" (here shall be substi(u(ed the expression "the Transport Act 1983".


SCHEDULE \2~continued


8009 River Entrance Docks Railway Construction Act 1970

6358 River Improvement Act 1958

In section 2 for the interpretation of "Board" there shall be substituted the following inlcrprclalion:

' ' Authority" means the "State Transport Authority. ".*

Section 4 shall be repealed. In sections 3, 5. 6, 7 (I) and 7 (2) for the

word "Boatd" there shall be substituted the word "Authority".

In sections 7 <3> and 8 for the words "Victorian Railways Board" there shall be substituted the word "Authority".

In section 8 the words "the Board or" shall be replied.

In section 3 (I) in the interpretation of "Public authority"—

(a) (or the expression "Railway Construction Board, The Victorian Railways Commissioners" there Shalt be substituted the expression "Sute Transport Authority, the Metropolitan Transit Authority"; and

(b) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority".

In section 4 (I) (A) for the expression "Railway Construction Board, the Vtctorian Railways Commissioners" there shall be substituted the expression "State Tiansport Authority, Metropolitan Transit Authority".

9637 Sale Station Relocation Development Act \9il

and In section 2— {a) befoie the interpretation of "Council"

there shall be inserted the following interpretation:

'"Authority" means the Stale Transport Authority established under the Transport Aa 1983.'; and

(b) the interpretations of "Property Board" and "Railways Board" shall be repealed.

In sections 3 (i), 4<iy. S, 7 (2), 8.9,10 and 14 for the words "Railways Board" wherever occurring there shall be substituted the word "Authority".


SCHEDUl.F. \2-o>minM'd


619

6368 Sewerage Districts Act 1958

[n sections 3 (d), 14, 15. 16 and IS for the words "Property Board" wherever occurring there shall be .substituted the word "Authority".

In section 4 (I) for the expression "notwithstaiidiriganythingto the contrary in the Railway Construction and Property Board Act 1979, the*' there shall be substituted the word "The".

In section 5 (1) for tht expression "section 79 of the Railways Act 1958" there shall be substituted the expression "the Transport Act 1983".

Section 6'shatl be repealed.

In section 8 (2) for the expression "Railways Act I9S8" where twice occurring there ^all be substituted the expression "Transport Act\9S3".

In section 122 (I) for the words "Victorian Railways . Board or the Railway Construction and Property Board" there shall be substituted the words "Stale Transport Authority or the Metropolitan Transit Authority".

In section 125 (4) for the words "Railway Construction and Property Board or the Victorian Railways Board" there shall be substituted the words "State Transport Authority or the Metropolitan Transit Authority".

In section 132—

(a) for the words "Victorian Railways Board" where twice occurring there shall be substituted the words "State Transport Authority or the Metropolitan Transit Authority"; and

(b) forthewords"saidBoard"thereshall be substituted the words "State Transport Authority or the Metropolitan Transit Authority".

6J72 Soil Conservation and Land Utilization Act 1958

!nsection3(lA)— (o) for the words "Country Roads Board"

there shall be substituted the words "Road Construction Authority";

(b) for the words "Victorian Railways Board" there shall be substituted the words "State Transport Authority or the Metropolitan Transit Authority".


SCHEDULE l2-continued

Act No. Short Title Ameridment

\

6373 Soldier Settlement Act 1958 In section 45 (2) for the words "Country Roads Board" there shall be substituted the words-Road Construction Authority".

6375 Stamps Act \^5% Jtt the Third Schedule— {a) under the heading "VIII. Lerse or

agieement for a lease of any lands or tenements for any definite or indefinite term—"in paragraph (2)of the Exemptions for the words "or the Railway Construction Board", there shall be substituted the expression "or any Authority or the Agency established under the Transport Act 1983";and

{b) under the heading "XX. EASEMENTS—" in the Exemptions for the words "or the Railway Construction Board" there shall be substituted the expression "or any Authority or the Agency established undertbe Transport Act 1983".

8793 State Coordination Council In section 3 (2)— Act 1975 {a) for paragraph (z) there shall be

substituted the following paragraph:

"(z) the Managing Director, Road Construction Authority or his nominee;"; and

(b) for paragraph (ab) there shall be substituted the following pars raph:

"(a^) the Managing Director of the State Transport Authority and of the Metropolitan Transit Authority or their nominees;".

In section 3 (2) (p) for the word "Director" there shall be substituted the expression "Direaor-General".

6377 State Electricity Commission In section 3 (1) in the interpretation of Act 1958 "Government Department"—

(a) for the words "Railway Construction Board the Victorian Railways Board" there shall be substituted the words "State Transport Authority Metropolitan Transit Authority"; and

(b) for the wonts "Country Roads Board" there shall be substituted the words "Road Construction Authority".


SCHEDULE l2-continued


621

9363 State Employees Retirement Benefits Act W9

6378 State Relief Committee Act 1958

6386 Superannuation Act 1958

Section 16 (3) shall be repealed.


Board" where twice occurring there shall be substituted the words "State Transport Authority";

(ft) for the words "said Board" wherever occurring there shall be substituted the words "State Transport Authority"; and

(c) for the words "the Board" there shall be substituted the words "the State Transport Authority".

In section 18—

(a) for the words "Victorian Railways Board" wherever occurring there shall be substituted the words "State Transport Authority"; and

(ft) for the words "said Board" there shall be substituted the words "State Transport Authority".

In section 2 in the interpretation of "Employee" fortbe words "Country Roads Board" there shall be substituted the words "Road Construction Authority".

In section 4 (9) (rf) for the words "Victorian Railways Board" there shall be substituted the words "State Transport Authority or the Metropolitan Transit Authority".

In section 3 (1) in the interpnltation of "Officer"—

(a) sub-paragraph (ii) of paragraph (a) shall be repealed; and

ib) paragraph <^ shall be repealed.

In the first proviso to section 20—

(a) after the word "department" there shall be inserted the words "or persons employed in the State Transport Authority";

(b) after the words "such officers" there shall be inserted the words "or persons";

(c) for the words "railways revenue" there shall be substituted the words "general fund of the State Transport Authority"; and


SCHEDULE \2-timiimii-d

Aa No. Shori Tide Amendment

{d) the expression "and the provisions of section one hundred and eight of the /tai7H'ays;4crl9S8 shall not apply with respect to any such payment or r^myment" shall be repealed.

In section 24 (1) for the words "railways revenue" there shall be substituted the words "general fund of the Sute Transport Authority".

In section 32 (I) (a) (ii) after the word "service" there shall be inserted the words "or a deceased person employed at the date of his death in the Stale Transport Authority".

In section 46 —

(a) in paragraphs (a) and {aa) of subsection <l) for the words "Victorian Railways Board" (wherever occurring) there shall be substituted the words

. "State Transport Authority"; and

0) in sub-section (5) for the words "Victorian Railways Board" there shall be substituted the words "State Transport Authority".

In section 48 (i)—

{a} in paragraph ( )—

(i) for the words "whether by the Victorian Railways Commissiotters or the Board of Land and Works" there shall be substituted the words "in the Stale Transport Authority"; and

(ii> theword$"intherailwayservicc" shall be repealed; and

ib) in paragraph (c) for the words "Country Roads Board" there shall be substituted the words "Road Construction Authority".

In section 49—

(a) in sub-section (3)—

<i) for paragraph (c) there shall be substituted the following paragraphs

"(c) one shall be a contributor employed in the State Transpon Authority elected

1983

Aa No. Short Title

Transport

SCHEDULE \2-<ontinucd

Amendment

No. 9921 623

by contributors who are employed in that Authority;"; and

(ii) in paragraph (c)—

(A) afier the words "is not" there shall be inserted the words "employed in the State Transport Authority and is not";

(B) the words "railway service or the" (where twice occurring) shall be repealed; and

(C) after the words "are not" there shall be inserted the words "employed in the State Transport Authority and are not";

(b) in sub-section (6) the expression *; "railway service" has the same meaning as is assigned by the Railways Act 1958" shall be repealed; and

(c) at the end of the section there shall be inserted the following sub-section:

"(8) Notwithstanding any re-constitution of the Board effected by Schedule 12 to the Transpon Act 1983, the Board shall be deemed to be the same body after as before the commencement of that Schedule and no act matter or thing shall be abated or aRected thereby and the term of office of the members in office immediately before that commencement shall be in no way affected thereby.".

In Part I. of the Second Schedule the expression "Country Roads Board," shall be repealed.

In Part H. of the Second Schedule the words "The Victorian Railways Commissioners or of" and "Country Roads Board or of the" shall be repealed.

8717 Superannuation Act \975 \n section 48 for the interpretation of "Railway service" there shall be substituted the followii g interpreution: • "Railway service", so far as relates to any

period before the commencement of Schedule 11 to the Transport Act 19»3,


SCHEDULE \2-f'mtinufd

Aa Short Title Amendment

6388 Survey Co-ordination Act 1958

6653

\

6409

9574

6413

9019

Valuation of Land Act I960

yermin and Noxious Weeds Act 1958

Victorian Economic Development Corporation Act 1981

Water Act 1958

Weights and Measures Act 1958

has the meaning assigned to the expression in the Railways Act 1958 as in force immediately before that commencemeni and. so far as relates to any period afler that commencement, means employment in the State. Transport Authority,'

In section 50<4).paragraph(/))and the word "or" immediately preceding that par raph shall be repeated.

Aiihe end ofsection 50 there shall be inserted the following sub-section: "(5) Subject to sub-section (4),

notwithstanding the repeal of the RaiVwoyj^c/1958 by Schedule II to the Transport Act 1983 any person who immediately before the commencment of that Schedule was ineligible to be appointed to a permanent office in the railway service because of the operation of section 149 (2) of the Railways Act 1958 shall continue to be so ineligible,"

In section 51 (4) 0) for the words "Victorian Railways Board" there shall be substituted the words "State Transport Authority",

In section 23 in the interpretation of "I*ublic authority" for the expression "Victorian Railways Board, the Country Roads Board" there shall be substituted the expression "State Transport Authority, Metropolitan Transit Authority, Road Construction Authority".

In section 14 (I) in the interpretation of "Special Act" for tl»e expression "Railways Act 1958" there shall be substituted the expression "7>ani;p(v//<c( 1983",

In section 6 (I) (c) for the expression "Railway Construction Board, the Victorian Railways Board" there shall be substituted the expression "State Transport Authority, the Metropolitan Transit Authority".

In section 12 (2) (/) for the words "Victorian Railways Board" there shall be substituted the words "State Transport Authority".

In sections 5 and 97 (2) for the words "Victorian Railways Board" wherever occurring there shall be substituted the words "State Transport Authority or the Metropolitan Transit Authority".

In section 3 (I) in the interpretation of "Government Department"—


S(HF.I)U1.E i2~i<>nfinmti

Alt No. Short Title Amendment

625

(a) for the expression "Railway Construction Boaid, the Victorian Railways Board" there shall be substituted (he expression ' State Transpon Authority, Metropolitan Transit Authority, Road Traffic Authority": and

(ft) for the words "Country Roads Board" there ^11 be substituted the words "Road Construction Authority".

6419 Workers Compensation Act In section 3 (1) in the interpretation of 1958 "Government Department" for the

expression "Railway Constmaion and Property Board, the Victorian Railways Board" there shall be substituted the expression "State Transport Authority. Metropolitan Transit Authority".

In sections 74 (I) and 82 for the words "Victorian Railways Board" wherever occurring there shall be substituted the words *'Sute Transport Authority or the Metropolitan Transit Authority".

In sections 74 < I) and 82 for the words "said Board" wherever occurring there shall be substituted the words "State Transport Authority or the Metropoliun Transit Authority".

442 - australasian legal information institute · 1983 transport no. 9921 assembled and by the...

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