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TOURIST AND HERITAGE RAILWAYS ACT 2010 (NO. 79 OF 2010) - SECT 31

Regulations

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

        (a)     additional information to be included in the description of a tourist and heritage rail asset for the purposes of its inclusion in the asset register;

        (b)     the appointment of members of the advisory committee established under section 8, the number of members of the committee and its composition;

        (c)     additional information to be included in the Tourist and Heritage Railway Group Register;

        (d)     the criteria for registration on the Tourist and Heritage Railway Group Register;

        (e)     the application fee for registration as a registered operator;

        (f)     any matter or thing incidental to the maintenance of safety in connection with the operation of tourist and heritage railways;

        (g)     conferring on a tourist and heritage railway operator any power that a passenger transport company, within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 , may exercise in relation to a railway under the passenger transport company's management and control;

        (h)     imposing any duty or obligation upon a tourist and heritage railway operator to which a passenger transport company, within the meaning of section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983 , would be subject if it were providing the historical and heritage related rail service;

              (i)     prohibiting conduct in relation to, or regulating the conduct of anyone in or on, any rolling stock, within the meaning of section 3(1) of the Rail Safety Act 2006 , or place belonging to, or under the control of a tourist and heritage railway operator;

        (j)     preventing trespassing on any railway premises;

        (k)     preventing interference with or damage to any guide-post, bridge hand-rail, sign, notice, light or other fixture or equipment situated or placed on any railway premises;

        (l)     any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

    (2)     Regulations made under this Act—

        (a)     may be of general or limited application;

        (b)     may differ according to differences in time, place or circumstance;

        (c)     may require a matter affected by the regulations to be—

              (i)     in accordance with a specified standard or specified requirement; or

              (ii)     approved by or to the satisfaction of a specified person or a specified class of person; or

              (iii)     as specified in both subparagraphs (i) and (ii);

        (d)     may apply, adopt or incorporate any matter contained in any document whether—

              (i)     wholly or partially or as amended by the regulations; or

              (ii)     as in force at a particular time or as in force from time to time;

        (e)     may confer a discretionary authority or impose a duty on a specified person or a specified class of person;

        (f)     may provide in a specified case or class of case for the exemption of persons or things or a class of person or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified;

        (g)     may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

__________________

See:
Act No.
6/2010.
Statute Book:
www.
legislation.
vic.gov.au



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