Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


RAIL CORPORATIONS AND TRANSPORT ACTS (MISCELLANEOUS AMENDMENTS) BILL 1999

                 PARLIAMENT OF VICTORIA

           Rail Corporations and Transport Acts
           (Miscellaneous Amendments) Act 1999
                                  Act No.


                     TABLE OF PROVISIONS
Clause                                                       Page

PART 1--PRELIMINARY                                             1
  1.     Purposes                                               1
  2.     Commencement                                           2

PART 2--AMENDMENTS TO THE RAIL CORPORATIONS ACT
1996                                                            3
  3.     Abolition of Met Train 1                               3
  4.     Abolition of Met Train 2                               3
  5.     Abolition of Met Tram 1                                4
  6.     Abolition of Met Tram 2                                4
  7.     Abolition of V/Line Passenger Corporation              4
  8.     New sections 109 to 113 inserted                       5
         109.    Abolition of Met Train 1                       5
         110.    Abolition of Met Train 2                       5
         111.    Abolition of Met Tram 1                        6
         112.    Abolition of Met Tram 2                        6
         113.    Abolition of V/Line Passenger Corporation      7
  9.     Minor amendments                                       7

PART 3--AMENDMENTS TO THE TRANSPORT ACT 1983                   10
  10.    Power to arrest suspected offenders                   10
  11.    Power to remove offenders                             10
  12.    Minor amendments                                      11
  13.    Statute law revision                                  11

PART 4--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 12
  14.    Borrowing and Investment Powers Act 1987              12
  15.    Treasury Corporation of Victoria Act 1992             12
                         

NOTES                                                          14




                                      i
541025B.I1-2/12/99

 


 

PARLIAMENT OF VICTORIA Initiated in Council 30 November 1999 A BILL to amend the Rail Corporations Act 1996 and the Transport Act 1983, to make consequential amendments to certain other Acts and for other purposes. Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The main purposes of this Act are-- (a) to provide for the abolition of certain 5 statutory corporations established under the Rail Corporations Act 1996; and 1 541025B.I1-2/12/99

 


 

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 s. 2 Act No. (b) to amend the Transport Act 1983 to enable certain employees in the Department of Infrastructure to be authorised to exercise a power to arrest, or remove from public 5 transport property or vehicles, persons suspected of having offended against that Act or the regulations made under it. 2. Commencement (1) This Part and section 13 come into operation on 10 the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. 15 (3) If a provision referred to in sub-section (2) does not come into operation before 1 January 2001, it comes into operation on that day. _______________ 2 541025B.I1-2/12/99

 


 

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 s. 3 Act No. PART 2--AMENDMENTS TO THE RAIL CORPORATIONS ACT 1996 3. Abolition of Met Train 1 No. 79/1996. (1) Division 2A of Part 2 of the Rail Corporations Reprint No. 1 5 Act 1996 is repealed. as at 29 April 1999. Further (2) In the definition of "rail corporation" in section amended by 3(1) of the Rail Corporations Act 1996, omit Nos 104/1997, 46/1998, "Met Train 1 or". 47/1998, 85/1998, (3) In Part 4 of the Rail Corporations Act 1996-- 98/1998 and 45/1999. 10 (a) in section 60(6)(c), omit "Met Train 1"; (b) in section 61(3)(d), omit "Met Train 1"; (c) in section 62(4)(d), omit "Met Train 1"; (d) in section 64(2)(d), omit "Met Train 1"; (e) in section 66(4)(a), omit "Met Train 1"; 15 (f) in section 67(3)(d), omit "Met Train 1". 4. Abolition of Met Train 2 (1) Division 2B of Part 2 of the Rail Corporations Act 1996 is repealed. (2) In the definition of "rail corporation" in section 20 3(1) of the Rail Corporations Act 1996, omit "Met Train 2 or". (3) In Part 4 of the Rail Corporations Act 1996-- (a) in section 60(6)(c), omit "and Met Train 2"; (b) in section 61(3)(d), omit "and Met Train 2"; 25 (c) in section 62(4)(d), omit "and Met Train 2"; (d) in section 64(2)(d), omit "and Met Train 2"; (e) in section 66(4)(a), omit "and Met Train 2"; (f) in section 67(3)(d), omit "and Met Train 2". 3 541025B.I1-2/12/99

 


 

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 s. 5 7 Act No. 5. Abolition of Met Tram 1 (1) Division 2C of Part 2 of the Rail Corporations Act 1996 is repealed. (2) In the definition of "rail corporation" in section 5 3(1) of the Rail Corporations Act 1996, omit "Met Tram 1 or". (3) In Part 4 of the Rail Corporations Act 1996-- (a) in section 61(3)(e), omit "Met Tram 1"; (b) in section 62(4)(e), omit "Met Tram 1"; 10 (c) in section 63(4)(b), omit "Met Tram 1"; (d) in section 64(2)(e), omit "Met Tram 1"; (e) in section 65(2)(a), omit "Met Tram 1"; (f) in section 66(4)(b), omit "Met Tram 1"; (g) in section 67(3)(e), omit "Met Tram 1". 15 6. Abolition of Met Tram 2 (1) Division 2D of Part 2 of the Rail Corporations Act 1996 is repealed. (2) In the definition of "rail corporation" in section 3(1) of the Rail Corporations Act 1996, omit 20 "Met Tram 2 or". (3) In Part 4 of the Rail Corporations Act 1996-- (a) in section 61(3)(e), omit "and Met Tram 2"; (b) in section 62(4)(e), omit "and Met Tram 2"; (c) in section 63(4)(b), omit "and Met Tram 2"; 25 (d) in section 64(2)(e), omit "and Met Tram 2"; (e) in section 65(2)(a), omit "and Met Tram 2"; (f) in section 66(4)(b), omit "and Met Tram 2"; (g) in section 67(3)(e), omit "and Met Tram 2". 7. Abolition of V/Line Passenger Corporation 4 541025B.I1-2/12/99

 


 

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 s. 8 Act No. (1) Division 2E of Part 2 of the Rail Corporations Act 1996 is repealed. (2) In the definition of "rail corporation" in section 3(1) of the Rail Corporations Act 1996, omit 5 "V/Line Passenger Corporation or". (3) In Part 4 of the Rail Corporations Act 1996-- (a) section 61(3)(b) is repealed; (b) section 62(4)(b) is repealed; (c) section 64(2)(b) is repealed; 10 (d) in section 64(2)(i), omit "(b),"; (e) section 67(3)(b) is repealed; (f) in section 67(3)(i), omit "(b),". 8. New sections 109 to 113 inserted In Part 7 of the Rail Corporations Act 1996, 15 after section 108 insert-- "109. Abolition of Met Train 1 On the commencement of section 3(1) of the Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999-- 20 (a) Met Train 1 is abolished; (b) all directors of Met Train 1 go out of office; (c) the chief executive officer of Met Train 1 goes out of office; 25 (d) the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of Met Train 1. 110. Abolition of Met Train 2 5 541025B.I1-2/12/99

 


 

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 Act No. On the commencement of section 4(1) of the Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999-- (a) Met Train 2 is abolished; 5 (b) all directors of Met Train 2 go out of office; (c) the chief executive officer of Met Train 2 goes out of office; (d) the Public Transport Corporation 10 established under Part II of the Transport Act 1983 becomes the successor in law of Met Train 2. 111. Abolition of Met Tram 1 On the commencement of section 5(1) of the 15 Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999-- (a) Met Tram 1 is abolished; (b) all directors of Met Tram 1 go out of office; 20 (c) the chief executive officer of Met Tram 1 goes out of office; (d) the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the 25 successor in law of Met Tram 1. 112. Abolition of Met Tram 2 On the commencement of section 6(1) of the Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999-- 30 (a) Met Tram 2 is abolished; 6 541025B.I1-2/12/99

 


 

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 s. 9 Act No. (b) all directors of Met Tram 2 go out of office; (c) the chief executive officer of Met Tram 2 goes out of office; 5 (d) the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of Met Tram 2. 113. Abolition of V/Line Passenger Corporation 10 On the commencement of section 7(1) of the Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999-- (a) V/Line Passenger Corporation is abolished; 15 (b) all directors of V/Line Passenger Corporation go out of office; (c) the chief executive officer of V/Line Passenger Corporation goes out of office; 20 (d) the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of V/Line Passenger Corporation.". 25 9. Minor amendments (1) In section 3(1) of the Rail Corporations Act 1996, in the definition of "rail transport service", after "Corporation," insert "the Spencer Street Station Authority,". 30 (2) In section 38O(1) of the Rail Corporations Act 1996, after "rail" (where first occurring) insert "or tram". 7 541025B.I1-2/12/99

 


 

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 s. 9 Act No. (3) The Rail Corporations Act 1996 is amended as follows-- (a) section 60(6)(a) is repealed; (b) section 60(6)(c) is repealed; 5 (c) section 61(3)(a) is repealed; (d) section 61(3)(d) is repealed; (e) section 61(3)(e) is repealed; (f) section 62(4)(a) is repealed; (g) section 62(4)(d) is repealed; 10 (h) section 62(4)(e) is repealed; (i) section 63(4)(b) is repealed; (j) section 64(2)(a) is repealed; (k) section 64(2)(d) is repealed; (l) section 64(2)(e) is repealed; 15 (m) in section 64(2)(i), omit "(a),"; (n) in section 64(2)(i), omit "(d),"; (o) in section 64(2)(i), omit "(e),"; (p) section 65(2)(a) is repealed; (q) in section 65(2)(d), omit "(a),"; 20 (r) section 66(4)(a) is repealed; (s) section 66(4)(b) is repealed; (t) section 67(3)(a) is repealed; (u) section 67(3)(d) is repealed; (v) section 67(3)(e) is repealed; 25 (w) in section 67(3)(i), omit "(a),"; (x) in section 67(3)(i), omit "(d),"; (y) in section 67(3)(i), omit "(e),". 8 541025B.I1-2/12/99

 


 

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 s. 9 Act No. _______________ 9 541025B.I1-2/12/99

 


 

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 s. 10 Act No. PART 3--AMENDMENTS TO THE TRANSPORT ACT 1983 10. Power to arrest suspected offenders No. 9921. In section 219 of the Transport Act 1983, for Reprint No. 6 sub-section (1AA) substitute-- as at 1 July 1998. Further 5 '(1A) In this section-- amended by Nos 85/1998, "relevant employee", in relation to the 98/1998, 99/1998, Department, means an employee in the 102/1998, Department employed under Part 3 of 6/1999 and 45/1999. the Public Sector Management and 10 Employment Act 1998 who-- (a) immediately before their employment under that Part, was an officer of the Public Transport Corporation; or 15 (b) is authorised in writing by the Secretary either generally or in a particular case for the purposes of this section.'. 11. Power to remove offenders 20 In section 220(1) of the Transport Act 1983, for the definition of "relevant employee" substitute-- ' "relevant employee", in relation to the Department, means an employee in the Department employed under Part 3 of the 25 Public Sector Management and Employment Act 1998 who-- (a) immediately before their employment under that Part, was an officer of the Public Transport Corporation; or 30 (b) is authorised in writing by the Secretary either generally or in a particular case for the purposes of this section.'. 10 541025B.I1-2/12/99

 


 

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 s. 12 Act No. 12. Minor amendments (1) In section 2(1) of the Transport Act 1983, in the definition of "passenger transport company"-- (a) paragraph (b) is repealed; 5 (b) in paragraph (c), omit "Met Train 1"; (c) in paragraph (c), omit "and Met Train 2"; (d) paragraph (c) is repealed; (e) in paragraph (d), omit "Met Tram 1"; (f) in paragraph (d), omit "and Met Tram 2"; 10 (g) paragraph (d) is repealed. (2) In section 2(1) of the Transport Act 1983, in the definition of "rail freight operator", paragraph (a) is repealed. 13. Statute law revision 15 (1) In section 208 of the Transport Act 1983, in paragraph (b) of the definition of "safety work infringement", for "93(6)" substitute "93(7)". (2) In Part VII of the Transport Act 1983, for the heading to Division 4 substitute "Division 4-- 20 Ticket Offences". (3) After section 221S of the Transport Act 1983 insert "Division 4AB--Further Offences". (4) In section 228R(1)(a) of the Transport Act 1983, after "renewal of accreditation" insert "by that 25 company". _______________ 11 541025B.I1-2/12/99

 


 

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 s. 14 Act No. PART 4--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 14. Borrowing and Investment Powers Act 1987 No. 13/1987. In Schedule 1 to the Borrowing and Investment Reprint No. 5 5 Powers Act 1987-- as at 1 February (a) item 8A is repealed; 1999. Further amended by (b) item 8B is repealed; Nos 8/1999 and 45/1999. (c) item 8C is repealed; (d) item 8D is repealed; 10 (e) item 23B is repealed; (f) item 23C is repealed. 15. Treasury Corporation of Victoria Act 1992 No. 80/1992. (1) In the definition of "public authority" in section Reprint No. 2 36A of the Treasury Corporation of Victoria as at 15 Act 1992-- 20 August 1998. Further (a) omit "Met Train 1,"; amended by No. 98/1998. (b) omit "Met Train 2,"; (c) omit "Met Tram 1,"; (d) omit "Met Tram 2,"; 20 (e) omit "V/Line Freight,"; (f) omit "V/Line Passenger Corporation,". (2) In Schedule 1 to the Treasury Corporation of Victoria Act 1992-- (a) omit the item relating to Met Train 1; 25 (b) omit the item relating to Met Train 2; (c) omit the item relating to Met Tram 1; (d) omit the item relating to Met Tram 2; (e) omit the item relating to V/Line Freight; 12 541025B.I1-2/12/99

 


 

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 s. 15 Act No. (f) omit the item relating to V/Line Passenger Corporation. 13 541025B.I1-2/12/99

 


 

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 14 541025B.I1-2/12/99

 


 

 


[Index] [Search] [Download] [Related Items] [Help]