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


TRANSPORT CO-ORDINATION AMENDMENT BILL 1998

                    WESTERN AUSTRALIA


                  LEGISLATIVE ASSEMBLY




       (As amended in Committee and upon recommittal)




    TRANSPORT CO-ORDINATION
      AMENDMENT BILL 1998
                         A BILL FOR



AN ACT to amend the Transport Co-ordination Act 1966
    and to validate certain past acts.



The Parliament of Western Australia enacts as follows:


Short title

1. This Act may be cited as the Transport Co-ordination
Amendment Act 1998.




                          No. 120 -- 3
                        Transport Co-ordination Amendment
cl. 2                                Bill 1998


        Commencement

        2. This Act comes into operation on the day on which it
        receives the Royal Assent.


        Principal Act

 5      3. In this Act the Transport Co-ordination Act 1966* is referred
        to as the principal Act.

             [* Reprinted as at 9 September 1997.
                For subsequent amendments see 1997 Index to
                Legislation of Western Australia, Table 1, pp. 237-8.]


10      Long title amended

        4. The long title to the principal Act is amended by inserting
        after ''State,'' the following --
        ''
             in certain circumstances to provide or to arrange for
15           the provision of certain forms of public transport,
                                                                           ''.


        Section 7 amended

        5. Section 7 of the principal Act is amended by inserting after
        subsection (3) the following subsections --
20      ''
                (4) The Minister may, by writing under the Minister's
             seal, empower a person, either generally or in respect of a
             specified matter or specified matters, as the agent or
             attorney of the Minister to execute deeds or other
25           instruments on the Minister's behalf, and a deed or other
             instrument executed by such an agent or attorney on behalf
             of the Minister binds the Minister and has the same effect
             as if it were under the seal of the Minister.


                                          2
                             Transport Co-ordination Amendment
                                          Bill 1998                                     cl. 6


            (5) For the purposes of this Act, the Minister may
          make use of a facsimile of --
                  (a)        the Minister's seal; or
                  (b)        the signature of the Minister or of an agent or
 5                           attorney empowered to execute deeds or other
                             instruments on the Minister's behalf under
                             subsection (4),
          and a deed or other instrument purporting to be endorsed
          with such a facsimile shall, until the contrary is shown, be
10        deemed to have been sealed or signed by the Minister, or by
          an agent or attorney, referred to in paragraph (b), as the
          case requires.
                                                                                  ''.

     Section 15A amended

15   6. Section 15A of the principal Act is amended by inserting
     after subsection (6) the following subsection --
     ''     (7) The due payment of moneys payable by the
          Treasurer under a guarantee under this section is to be
20        charged to and paid out of the Consolidated Fund, and this
          subsection appropriates that fund accordingly.
                                                                                  ''.

     Section 18C amended

     7.    Section 18C of the principal Act is amended --

25          (a)         by repealing subsection (1) and substituting the
                        following subsection --
                        ''      (1) It is a function of the Minister to do any,
                             or a combination of any, of the following --
30                                (a)   to provide reliable, efficient and
                                        economic passenger services by
                                        omnibus, ferry and train in the
                                        metropolitan area;

                                                3
                   Transport Co-ordination Amendment
cl. 7                           Bill 1998


                        (b)   to arrange, manage, facilitate and
                              promote the provision of reliable,
                              efficient and economic passenger
                              services by omnibus, ferry and train
 5                            in the metropolitan area,

                   so far as in the Minister's opinion it is
                   practicable to do so.
                                                                         '';

              and

10      (b)   by inserting after         subsection   (2)   the   following
              subsections --

              ''
                      (3) Without limiting subsection (2), for the
                   purpose of the performance of one or more of the
15                 functions described in subsection (1), the
                   Minister, subject to subsection (4), may --

                        (a)   acquire, hold, give security over, or
                              dispose of real and personal property
                              (including disposal for the purpose of
20                            subsequently acquiring the same
                              property or any part of, or interest in,
                              the property); and

                        (b)   enter into any agreement,
                              arrangement or transaction, financial
25                            or otherwise, that the Minister thinks
                              is expedient.

                      (4) Where under subsection (3)(b) the
                   Minister enters into an agreement, arrangement
                   or transaction to acquire or dispose of all or any
30                 substantial part of the Transperth omnibus fleet
                   (however described), the Minister must, within 3



                                     4
                   Transport Co-ordination Amendment
                                Bill 1998                                        cl. 8


                  days when the Parliament is next sitting, cause
                  to be tabled in both Houses of Parliament --

                           (a)   a cost/benefit statement including
                                 details of expected savings projected
 5                               over the terms of the agreement,
                                 arrangement or transaction; and

                           (b)   a certificate issued by the Under
                                 Treasurer verifying that the savings
                                 are reasonably attainable.

10                   (5)     In this section --

                           ''acquire'' includes taking on lease or
                                licence or in any other manner in
                                which an interest in property may be
                                acquired;

15                         ''dispose of '' includes dispose of by way of
                                 lease, licence or bailment or in any
                                 other manner in which an interest in
                                 property may be disposed of.
                                                                           ''.

20   Section 18D amended

     8.   Section 18D (1) of the principal Act is amended --

          (a)   by inserting after ''the Minister may'' the following --

                '' , without limiting section 18C (3), '';

          (b)   in paragraph (b) by deleting the full stop and
25              substituting a comma; and




                                        5
                          Transport Co-ordination Amendment
cl. 9                                  Bill 1998


               (c)   by inserting after paragraph (b) the following --
                     ''
                          and, for the purposes of this subsection, may
                          exercise all or any of the powers of the Minister
 5                        under section 18C (2) or (3).
                                                                              ''.


        Section 18G inserted

        9. After section 18F of the principal Act the following section is
        inserted --
10      ''
             Guarantee by Treasurer

             18G. (1) The Treasurer may, in the name and on behalf
             of the Crown in right of the State, guarantee the payment
             of any financial obligations of the Minister under an
15           agreement, arrangement or transaction entered into under
             section 18C (3).

               (2) A guarantee is to be in such form and subject to
             such terms and conditions as the Treasurer determines.

               (3) The due payment of moneys payable by the
20           Treasurer under a guarantee is to be charged to and paid
             out of the Consolidated Fund, and this subsection
             appropriates that fund accordingly.

                (4) The Treasurer is to cause to be credited to the
             Consolidated Fund any amounts received or recovered from
25           the Minister or otherwise in respect of any payment made
             by the Treasurer under a guarantee.
                                                                              ''.




                                            6
                     Transport Co-ordination Amendment
                                  Bill 1998                                 cl. 10


     Section 50 amended

     10. Section 50 (1) of the principal Act is amended by deleting
     the penalty at the end of the subsection and substituting the
     following penalty --

 5   ''
            Penalty for an individual: $2 500.
            Penalty for a body corporate: $10 000.
                                                                          ''.


     Section 56 amended

10   11.    Section 56 of the principal Act is amended --

            (a)   by deleting ''$200'' and substituting the following --

                  '' $2 000 ''; and

            (b)   by deleting ''$40'' and substituting the following --

                  '' $400 ''.


15   Section 58A inserted

     12. After section 58 of the principal Act the following sections
     are inserted --

     ''
          Infringement notices

20        58A. (1) A reference in subsection (2), (3), (5) or (7) to
          an ''authorized person'' is a reference to a person
          appointed under subsection (10) to be an authorized person
          for the purposes of the subsection in which the term is
          used.



                                       7
                    Transport Co-ordination Amendment
cl. 12                           Bill 1998


            (2) Subject to section 58B, an authorized person who
         has reason to believe that a person has committed a
         prescribed offence against this Act or the regulations may,
         within 28 days after the alleged offence is believed to have
 5       been committed, give an infringement notice to the alleged
         offender.

            (3) An infringement notice is to be in the prescribed
         form and is to --
              (a)   contain a description of the alleged offence;
10            (b)   advise that if the alleged offender does not wish
                    to have a complaint of the alleged offence heard
                    and determined by a court, the amount of money
                    specified in the notice as being the modified
                    penalty for the offence may be paid to an
15                  authorized person within a period of 28 days
                    after the giving of the notice; and
              (c)   inform the alleged offender as to who are
                    authorized persons for the purposes of receiving
                    payment of modified penalties.

20          (4) In an infringement notice the amount specified as
         being the modified penalty for the offence referred to in the
         notice is to be the amount that was the modified penalty
         prescribed by regulation at the time the alleged offence is
         believed to have been committed.

25          (5) An authorized person may, in a particular case,
         extend the period of 28 days within which the modified
         penalty may be paid and the extension may be allowed
         whether or not the period of 28 days has elapsed.

            (6) Where the modified penalty specified in an
30       infringement notice has been paid within 28 days or such
         further time as is allowed and the notice has not been
         withdrawn, the bringing of proceedings and the imposition
         of penalties are prevented to the same extent as they would
         be if the alleged offender had been convicted by a court of,
35       and punished for, the alleged offence.

                                       8
                 Transport Co-ordination Amendment
                              Bill 1998                                cl. 12


        (7) An authorized person may, whether or not the
     modified penalty has been paid, withdraw an infringement
     notice by sending to the alleged offender a notice in the
     prescribed form stating that the infringement notice has
 5   been withdrawn.

        (8) If an infringement notice is withdrawn after the
     modified penalty has been paid, the amount is to be
     refunded.

       (9) Payment of a modified penalty is not to be regarded
10   as an admission for the purposes of any proceedings,
     whether civil or criminal.

        (10) The Director General may, in writing appoint
     persons or classes of persons to be authorized persons for
     the purposes of subsection (2), (3), (5) or (7) but a person
15   who is authorized to give infringement notices under
     subsection (2) is not eligible to be an authorized person for
     the purposes of any of the other subsections.

        (11) The Director General shall issue to each person
     who is authorized to give infringement notices under this
20   section a certificate stating that the person is so authorized,
     and the authorized person is to produce the certificate
     whenever required to do so by a person to whom he or she
     has given or is about to give an infringement notice.


     Owner onus in relation to motor vehicles

25   58B. (1) If an allegation is made of a prescribed offence
     against this Act or the regulations where an element of that
     offence is the parking, standing or leaving of a motor
     vehicle, and the identity of the driver or person in charge of
     the motor vehicle at the time of the commission of that




                                   9
                        Transport Co-ordination Amendment
cl. 12                               Bill 1998


         offence cannot be immediately established, an infringement
         notice in respect of that allegation may be served under
         section 58A (2) on the owner of the motor vehicle --

                 (a)   at the owner's last known place of residence or
 5                     business; or

                 (b)   by leaving the infringement notice in or on, or
                       attaching it to, the motor vehicle.

            (2) When an infringement notice is served on the
         owner of a motor vehicle in the circumstances referred to in
10       subsection (1), then, unless within the period stated in the
         infringement notice or that period as extended --

                 (a)   the modified penalty is paid; or

                 (b)   the owner --

                       (i)    identifies to an authorized person the
15                            person who was the driver or person in
                              charge of the motor vehicle at the relevant
                              time; or

                       (ii)   satisfies an authorized person that, at the
                              relevant time, the motor vehicle had been
20                            stolen or unlawfully taken or was being
                              unlawfully used,

         the owner is deemed to be the driver or person in charge of
         the motor vehicle at the time of the commission of the
         alleged offence.

25         (3)     In this section --

                 ''authorized person'' means an authorized person
                       appointed under section 58A (10) for purposes
                       other than to serve infringement notices under
                       section 58A (2);


                                          10
                        Transport Co-ordination Amendment
                                     Bill 1998                                cl. 13


                 ''motor vehicle'' has the meaning given by the
                      Road Traffic Act 1974;

                 ''owner'' in relation to a vehicle means the person
                      who is the holder of the requisite vehicle licence
 5                    under the Road Traffic Act 1974 in respect of
                      that vehicle, or, if the vehicle is not licensed
                      under that Act, the person who owns the vehicle
                      or is entitled to its possession.
                                                                            ''.

10   Section 60 amended

     13.   Section 60 of the principal Act is amended --

           (a)     in subsection (2) by inserting after paragraph (o) the
                   following paragraphs --
                   ''
15                      (oa) the prescription of offences for which an
                             infringement notice may be given under
                             section 58A;

                        (ob) the prescription of a modified penalty not
                             exceeding $500 for an offence prescribed
20                           under paragraph (oa);
                                                                            '';

           (b)     by inserting after subsection (2a) the following
                   subsection --
                   ''
25                        (2b)      Without limiting subsection (1), the
                        Governor may make regulations with respect to
                        passenger services provided in accordance with
                        Division 4 of Part II, and in particular --

                             (a)   providing for the setting of fares for
30                                 those services by the Director General
                                   and prescribing the manner in which
                                   the fares are to be set;


                                         11
                   Transport Co-ordination Amendment
cl. 14                          Bill 1998


                        (b)     providing the conditions under which
                                persons may use the facilities of those
                                services; and

                        (c)     regulating the conduct of persons
 5                              using those services.
                                                                          '';
                and

          (c)   in subsection (3) (b) by          deleting   ''$500''   and
                substituting the following --

10              '' $2 000 ''.


     Validation

     14. For the avoidance of doubt, any thing done by the Minister
     before the coming into operation of section 7 that the Minister
     would have been empowered to do if section 18C of the principal
15   Act as amended by that section had then been in force is declared
     to be, and to have always been, valid.




 


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