Victorian Numbered Acts

TRANSPORT LEGISLATION MISCELLANEOUS AMENDMENTS ACT 2021 (NO. 30 OF 2021)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  

   PART 2--AMENDMENT OF BUS SAFETY ACT 2009

           Division 1--Bus accreditation

   3.      Definitions  
   4.      Bus safety inspections  
   5.      Part 4 substituted  
   6.      Alcohol and drug management policy  
   7.      Form and content of alcohol and drug management policy  
   8.      Review by VCAT  
   9.      Notification of incidents  
   10.     Criminal liability of officers of bodies corporate—failure to exercise due diligence  
   11.     Accreditation and registration  

           Division 2--Compliance and enforcement policy

   12.     New Division 1AA of Part 8 inserted  

           Division 3--Regulations

   13.     New section 76A inserted  

           Division 4--Transitional provisions

   14.     New Division 4 of Part 8 inserted  

   PART 3--AMENDMENT OF COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017

   15.     Definitions  
   16.     Availability of approved codes of practice  
   17.     Tabling and disallowance of approved codes of practice  
   18.     New section 38A inserted  
   19.     Decision on application for driver accreditation  
   20.     Regulator must notify applicant of decision  
   21.     Offence not to notify of suspension or cancellation of driver accreditation  
   22.     Offence to retain certificate if accreditation suspended or cancelled  
   22A.    Price determinations  
   23.     Disciplinary actions that may be taken in relation to permissions  
   24.     Mandatory suspension of driver accreditation if driver licence suspended or cancelled  
   25.     Reinstatement of driver accreditation following reinstatement of driver licence  
   26.     Person whose driver licence or probationary licence is suspended or cancelled must notify the regulator  
   27.     Reviewable decisions  
   28.     New section 260A inserted  

   PART 4--AMENDMENT OF ROAD MANAGEMENT ACT 2004

   29.     Power to declare and name a road  
   30.     New sections 135A and 135B inserted  

   PART 5--AMENDMENT OF ROAD SAFETY ACT 1986

   31.     Definitions  
   32.     Non-transfer of registration  
   33.     Offence if driver not licensed  
   34.     Issue of driver licence or learner permit to holder of licence or permit issued outside Victoria  
   35.     Secretary may retain and check validity of licence documents  
   36.     New section 18AB inserted  
   37.     Driver licences  
   38.     Direction not to grant or renew licence  
   39.     Cancellation, suspension or variation of licences and permits by Secretary  
   40.     Reduction in period for which a person is ineligible to be granted a driver licence or learner permit  
   41.     Power of court to cancel, suspend or vary licences and permits  
   42.     Effect of suspension of licence or permit  
   43.     Offence to drive while disqualified etc.  
   44.     Interpretation for the purposes of Part 4 (Demerit points)  
   45.     Offences involving alcohol or other drugs  
   46.     Offence to consume intoxicating liquor while driving  
   47.     Section 49C substituted  
   48.     Provisions about cancellation and disqualification  
   49.     Offences and immobilisation orders  
   50.     New sections 50AAEC and 50AAED inserted  
   51.     Zero blood or breath alcohol  
   52.     Zero blood or breath alcohol  
   53.     New sections 58KA and 58KB inserted  
   54.     Duty to produce driver licence for inspection  
   55.     General duty of driver or person in charge of motor vehicle  
   56.     Duty of owner of motor vehicle to give information about driver  
   57.     Duty of owner of trailer to give information  
   58.     Use of effective statement to avoid liability  
   59.     Failure to give effective statement  
   60.     New sections 84BQA and 84BQB inserted  
   61.     Definitions for the purposes of Part 6A  
   62.     Content and copies of notice  
   63.     Surrender of licence or permit document  
   64.     New Part 6C inserted  
   65.     Service of parking infringement notices  
   66.     Parking in council controlled areas  
   67.     Administrative fees  
   68.     New section 103ZLB inserted  
   69.     Schedule 2—Subject-matter for regulations  

   PART 6--AMENDMENT OF TRANSPORT INTEGRATION ACT 2010

   70.     Definitions  
   71.     Power of Treasurer to execute guarantee  

   PART 7--AMENDMENT OF VICTORIAN FISHERIES AUTHORITY ACT 2016

   72.     Definitions  
   73.     Objectives of the Authority  
   74.     Functions of the Authority  
   75.     Powers of the Authority  
   76.     Role of the Minister  
   77.     Role of the Secretary  
   78.     Appointment of directors to Board  
   79.     Vacancies, resignations, removal from office  
   80.     Acting appointments  
   81.     Disclosure of information  
   82.     Annual report  
   83.     Reporting to the fisheries sectors  
   84.     Application of Conservation, Forests and Lands Act 1987 to the Authority  
   85.     New sections 45A and 45B inserted  

   PART 8--AMENDMENTS TO OTHER ACTS

           Division 1--Criminal Procedure Act 2009

   86.     Schedule 2—Indictable offences that may be heard and determined summarily  

           Division 2--Fisheries Act 1995

   87.     Offences under Victorian Fisheries Authority Act 2016 to be associated offences for the purposes of Part 7  
   88.     Offences  

           Division 3--Marine Safety Act 2010

   89.     Definitions  

           Division 4--Rail Management Act 1996

   90.     Definitions  
   91.     Declaration of persons to be access providers  
   92.     Requests for access  
   93.     Order relating to power to stop traffic  

           Division 5--Sentencing Act 1991

   94.     Definitions  
   95.     Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences  
   96.     Suspension or cancellation of driver licence or learner permit and driver disqualification—any offence  

           Division 6--Transport (Compliance and Miscellaneous) Act 1983

   97.     Definitions  

           Division 7--Transport Legislation Amendment Act 2020

   98.     Victorian Rail Track powers to lease certain Crown land  

           Division 8--Transport (Safety Schemes Compliance and Enforcement) Act 2014

   99.     Definitions  
   100.    Evidentiary certificates—this Act or transport safety laws  
   101.    Offence to hinder or obstruct transport safety officer  
   102.    Offence to assault, threaten or intimidate transport safety officer  
   103.    Service of documents  

   PART 9--REPEAL OF THIS ACT

   104.    Repeal of this Act  
           ENDNOTES