{"id":"transport-compliance-and-miscellaneous-act-1983","name":"Transport (Compliance and Miscellaneous) Act 1983","slug":"transport-compliance-and-miscellaneous-act-1983","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178778,"registerId":"vic-transport-compliance-and-miscellaneous-act-1983-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 2","sectionType":"division","heading":"Borrowing powers 63","content":"Division 2—Borrowing powers 63\n\n","sortOrder":0},{"sectionNumber":"77A","sectionType":"section","heading":"Power to give a guarantee in relation to a contract assigned by the Secretary 65","content":"77A Power to give a guarantee in relation to a contract assigned by the Secretary 65\n\nPart VI—Events affecting public transport 70\n\nDivision 1—General provisions 70\n\n90 No compensation payable 71\n\nDivision 10—Events affecting public transport 97\n\n192 Meaning of *event* and *organiser* 97\n\n193 Events to which this Division applies 97\n\n194 Meaning of *regular public transport service* 98\n\n195 Organiser must give notice of proposed event 98\n\n196 The Head, Transport for Victoria may ask that a public transport plan be submitted 99\n\n197 Public transport plans 99\n\n198 Preparation of public transport plans 100\n\n199 By when public transport plans to be submitted 101\n\n200 The Head, Transport for Victoria may impose fee 102\n\n201 Alternative arrangements if time limited 103\n\n202 The Head, Transport for Victoria may waive or reduce time limits 104\n\n203 Approval of public transport plans 104\n\n204 Consequences of a failure to comply with this Division 105\n\nPart VIA—Vehicle sharing schemes 108\n\nDivision 1—Interpretation 108\n\n205 Definitions 108\n\nDivision 2—Approval to operate category A vehicle sharing scheme 110\n\n206 Application for approval 110\n\n207 Request for further information 110\n\n207A Determination of application for approval 110\n\n207B Term of approval 111\n\n207C Renewal of approval 111\n\n207D Revocation of approval 112\n\n207E Notice of intention to revoke approval 113\n\n207F Public notification of decision to revoke approval 114\n\nDivision 3—Register of approved category A scheme operators 114\n\n207G Register of approved category A scheme operators 114\n\nDivision 4—Internal review and Tribunal review 114\n\n207H Application for internal review 114\n\n207I Stay of operation of revocation decision subject to application for internal review 115\n\n207J Determination of application for internal review 116\n\n207K Application for Tribunal review 116\n\nDivision 5—Authorising agreements 117\n\n207L Authorising agreements 117\n\nDivision 6—Offences 118\n\n207M Offence to make vehicle available for hire under vehicle sharing scheme unless certain requirements are met 118\n\n207N Offence to operate category A vehicle sharing scheme that does not meet category A standards 119\n\nDivision 7—General 119\n\n207O Regulations 119\n\nPart VII—Prosecutions, enforcement and penalties and other matters 121\n\nDivision 1—Interpretations and application 121\n\n208 Definitions 121\n\n208A Application of powers conferred on protective services officers under this Part 127\n\nDivision 2—Transport and ticket infringements 128\n\n212 Transport and ticket infringements 129\n\n213A Administrative costs in respect of ticket infringements 132\n\n214 Proof of prior convictions or findings of guilt 134\n\n214A Differences in penalties 135\n\n215 Regulations 135\n\nDivision 3—Enforcement provisions—vehicle inspections 139\n\n216 Inspection of motor vehicles 139\n\n217 Powers of officers authorised by the Secretary 142\n\n217A Additional inspection power concerning heavy vehicles 144\n\nDivision 3A—Other enforcement provisions 146\n\n218B Power to require names and addresses 146\n\n219 Power to arrest suspected offenders 150\n\n220 Power to remove offenders 152\n\nDivision 4—Regulation of entitlement to use public transport services 156\n\n220AA False reports to officers 156\n\n220A Offence to dishonestly obtain a ticket or State token 157\n\n220B Offence to counterfeit a State token or alter a ticket or State token 158\n\n220C Offence to claim exemption or concession if not entitled 158\n\n220D Head, Transport for Victoria may determine conditions 159\n\n220DA Conditions relating to overseas student travel 160\n\n","sortOrder":1},{"sectionNumber":"221","sectionType":"section","heading":"Unauthorised use or disclosure of public transport movement information 163","content":"221 Unauthorised use or disclosure of public transport movement information 163\n\n221AA Regulations concerning entitlement to use public transport services 166\n\nDivision 4AA—Authorisation of persons for the purposes of enforcement 169\n\n","sortOrder":2},{"sectionNumber":"221A","sectionType":"section","heading":"Authorisation of Departmental authorised officers 169","content":"221A Authorisation of Departmental authorised officers 169\n\n221AB Authorisation of other authorised officers 169\n\n","sortOrder":3},{"sectionNumber":"221B","sectionType":"section","heading":"Application for authorisation 170","content":"221B Application for authorisation 170\n\n","sortOrder":4},{"sectionNumber":"221C","sectionType":"section","heading":"Qualification requirements 171","content":"221C Qualification requirements 171\n\n221CA Time limits on section 221AB authorisations 172\n\n221CB Scope of authorisation may be limited 173\n\n221CC Non-compliance with a limit 173\n\n221D Conditions of authorisation 173\n\n221E Change of conditions 174\n\n221F Non-compliance with a condition 174\n\n221FA Clarification of places in which certain authorised officers may operate 175\n\n221G Application for renewal of authorisation 175\n\n221H Renewal of authorisation 176\n\n221I Issue of identity cards 178\n\n221J Inquiry into conduct of authorised officer 179\n\n221K Effect of suspension 180\n\n221L Revocation of authorisation 181\n\n221M Tribunal reviews 182\n\n221N Authorisations cease to exist in certain circumstances 183\n\n221O Return of identity cards 184\n\n221P Lost, stolen or destroyed identity cards to be reported 185\n\n221Q Replacement of identity cards 185\n\n221R Offence to falsely represent oneself as an authorised officer 185\n\n221S Application by proposed employee 186\n\nDivision 4AAA—Transport safety offences 187\n\nSubdivision 1—Interpretation 187\n\n221U Definitions 187\n\n221V Exclusion of mistake of fact defence 192\n\n221W Statement that mistake of fact defence does not apply not to affect other offences 192\n\nSubdivision 2—Offences 193\n\n221X Overdimensional vehicles crossing tracks 193\n\n221XA Permit for overdimensional vehicles to cross tracks 196\n\n221XB Additional charges 197\n\n221XC Refunds 197\n\n221XD Offence to fail to comply with permit conditions 198\n\n","sortOrder":5},{"sectionNumber":"221Y","sectionType":"section","heading":"Operators of overdimensional vehicles crossing tracks without permission also guilty of offence 198","content":"221Y Operators of overdimensional vehicles crossing tracks without permission also guilty of offence 198\n\n","sortOrder":6},{"sectionNumber":"221Z","sectionType":"section","heading":"Reasonable steps defence—reliance on container weight declaration 199","content":"221Z Reasonable steps defence—reliance on container weight declaration 199\n\n221ZA Specification of vehicle limits and fees for overdimensional vehicles crossing tracks 200\n\n221ZB Animals on railway tracks 201\n\n221ZC Placing things on tracks 202\n\n221ZD Mounting a place not intended for travel etc. 202\n\n221ZE Travelling in a place not intended for travel etc. 202\n\n221ZF Applying brake or emergency device 203\n\n221ZG Stopping a rail vehicle or road vehicle 203\n\n221ZH Operating equipment 204\n\n221ZI Permitting drainage 204\n\nDivision 4AB—Further offences 205\n\n222B Interference with prescribed equipment 206\n\n223 Offence to trespass on land or premises of the Head, Transport for Victoria or Rail Track 207\n\n224 Offence to provide false or misleading information 209\n\n225 Offence to assault or obstruct officers etc. 210\n\n225B Offence to impersonate an officer 212\n\n225C Offence to offer, give, solicit or accept a bribe 213\n\n226 Criminal liability of officers of bodies corporate—failure to exercise due diligence 214\n\n227 Offences by unincorporated bodies, partnerships etc. 216\n\n227A Power of court to require attendance at approved public transport education program 216\n\n228 General penalty 217\n\nDivision 4A—Accreditation of passenger transport companies 217\n\n228AA Objective 217\n\n228AB Definition 218\n\n228A Application for accreditation 218\n\n228B Matters to be considered by Secretary 220\n\n228C Giving or refusal of accreditation 220\n\n228D Conditions of accreditation 221\n\n228DA Accredited companies must comply with conditions 221\n\n228DB Offence to employ or engage authorised officer without accreditation under this Division 222\n\n228E Change of conditions etc. 222\n\n228F Duration of accreditation 223\n\n228G Requirement to notify Secretary about charges, etc. 224\n\n228H Notifications 225\n\n228HA Audit of certain books and records of accredited companies for compliance purposes 227\n\n228I Application for renewal of accreditation 228\n\n228J Renewal of accreditation 230\n\n228K Nature of accreditation 231\n\n228M Secretary not liable for giving accreditation 232\n\n228N Supervision of accredited companies 233\n\n228O Procedure and powers 235\n\n228P Immediate power of suspension 236\n\n228Q Effect of suspension, cancellation or failure to renew 237\n\n228QA Improvement notices 238\n\n228QB Formal irregularities or defects in notice 240\n\n228QC Proceedings for offences not affected by improvement notices 240\n\n228R Tribunal reviews 240\n\nDivision 5—Prosecutions and evidentiary provisions 244\n\n229 Prosecutions 244\n\n230 Evidentiary provisions 247\n\n230AB Evidentiary provision—tokens 251\n\n230AC Certificate of authorised officer who operated hand held reader 251\n\n230AD Certificate in respect of prescribed devices and processes 252\n\n230AE Notice by informant 253\n\n230AF Notice by accused 254\n\n230AG Informant may adduce evidence in relation to ticket offence 256\n\n230AH Regulations 257\n\nDivision 6—Sentences in relation to relevant transport laws 259\n\n230E Release on the giving of a safety undertaking 260\n\n230F Variation or contravention of orders under section 230E 262\n\nDivision 7—Other matters 263\n\nSubdivision 1—Interpretation 263\n\n230G Definitions 263\n\nSubdivision 2—Liability 264\n\n230I Interaction with the Occupational Health and Safety Act 2004 264\n\nPart VIIA—Enforcement and related powers for the Port of Melbourne 266\n\nDivision 1—Preliminary 266\n\n230K Definitions 266\n\n230L Appointment 266\n\n230M Identity cards 267\n\n230N Return of identity cards 267\n\n230O Production of identity card 268\n\nDivision 2—Powers of entry and search of vessels 268\n\n230P Power to enter and inspect vessels 268\n\n230Q Production of identity card by port safety officers before vessel searches 270\n\n230R Consent not needed for inspections 270\n\nDivision 3—Powers of entry and search of premises 270\n\n230S Entry of premises with consent 270\n\n230T Entry of premises without consent 272\n\n230U Powers that may be exercised on entry 273\n\n230V Securing a site 274\n\n230W Offence to enter secured site 274\n\nDivision 4—Provisions as to use of or seizure of equipment or goods 275\n\n230X Use of equipment to examine or process things 275\n\n230Y Copies of certain things seized to be given 275\n\n230Z Access to seized things 276\n\n230ZA Retention and return of seized documents or things 276\n\n230ZB Magistrates' Court may extend 3 month period 277\n\n","sortOrder":7},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Port safety infringement notices 278","content":"Division 4A—Port safety infringement notices 278\n\n230ZBA Port safety infringements 278\n\n230ZBB Regulations 278\n\n","sortOrder":8},{"sectionNumber":"Div 5","sectionType":"division","heading":"General 279","content":"Division 5—General 279\n\n230ZC Requirement to assist port safety officer during entry 279\n\n230ZD Protection against self-incrimination 280\n\n230ZE Persons who may bring proceedings 280\n\nPart VIII—Miscellaneous and transitional 281\n\nDivision 1—Transfer of powers functions assets liabilities and staff 281\n\n231 Definitions 281\n\n232 Abolition of former Authorities 282\n\n233 Transfer of property liabilities contracts debts causes of actions leases etc. to Corporation 283\n\n243 Contributors to State Employees Retirement Benefits Fund 286\n\n244 Contributors to Superannuation Fund 287\n\n244A Members of Transport Superannuation Fund 287\n\n245 Contributors to other funds 288\n\n246 Country Roads Board 288\n\nDivision 1A—Transitional provisions 289\n\n246A Transport Acts (Amendment) Act 1997 289\n\n246B Rail Corporations (Further Amendment) Act 1998 290\n\n246C Rail Corporations and Transport Acts (Amendment) Act 1999 290\n\n246CAA Rail Safety Act 2006—Authorised officers for drug and alcohol testing 291\n\n","sortOrder":9},{"sectionNumber":"Div 1B","sectionType":"division","heading":"Validation 292","content":"Division 1B—Validation 292\n\n246CA Definitions 292\n\n246CB Authorized officers for the purposes of sections 212 and 213 appointed by MTA and STA 292\n\n246CC Authorised officers for the purposes of Division 2 of Part VII appointed by PTC 293\n\n246CD Authorised officers for the purposes of section Division 2 of Part II appointed by Secretary 295\n\n246CE Authorized officer for the purposes of section 218 appointed by the MTA or STA 298\n\n246CF Authorized officer for the purposes of section 218 or 218B appointed by the PTC under section 218(1) 299\n\n246CG Authorised officers for the purposes of section 218B appointed by PTC under that section 300\n\n246CH Authorised officers for the purposes of section 218B by Secretary 301\n\n246CI Officers of the MTA and STA authorized for the purposes of section 219(2) or (4) 303\n\n246CJ Officers of the PTC authorised for the purposes of section 219(2), (4) or (7) 304\n\n246CK Officers of the PTC authorised for the purposes of section 219A 306\n\n246CL Relevant employees and authorised officers for the purposes of section 219 307\n\n246CM Authorised persons for the purposes of section 219AA 310\n\n246CN Authorised persons, authorised officers and relevant employees for the purposes of section 220 311\n\n246CO Authorized persons for the purposes of section 221 authorized by MTA or STA 315\n\n246CP Authorized persons for the purposes of section 221 authorized by PTC 316\n\n246CQ Authorized persons for the purposes of section 221 authorised by the Secretary 317\n\n246CR Authorised officers for the purposes of section 221AA 321\n\n246CS Examples of things validated 322\n\n246CT Accreditations under Division 4A of Part VII 324\n\n246CU Prosecutorial authorisations by the MTA or STA 325\n\n246CV Prosecutorial authorisations by the PTC 327\n\n246CW Prosecutorial authorisations by the Secretary 330\n\n246CX Only things done or purported to have been done under a purported authorisation and appointment validated 333\n\n246CY Evidence 334\n\n246CZ Delegations generally in relation to authorisations 335\n\n246CZA Delegations generally in relation to accreditations 337\n\n246CZB Incorrect delegations purportedly under section 6B 338\n\n246CZC No proceedings may be brought 339\n\n246CZD Preservation of rights only in certain proceedings 340\n\n","sortOrder":10},{"sectionNumber":"Div 1C","sectionType":"division","heading":"Wheelchair accessible taxi-cab fixed term licence fee instalment amounts 340","content":"Division 1C—Wheelchair accessible taxi-cab fixed term licence fee instalment amounts 340\n\n246CZE Definitions 340\n\n246CZF Instalment amounts for licence fees for WAT fixed term licences changed 341\n\n246CZG Set off of excess licence fee payments 343\n\n246CZH Revocation of 2014 amending Order 343\n\nDivision 2—Miscellaneous 343\n\n246D Temporary authorisations for the purposes of Division 4AA of Part VII 343\n\n246E Temporary authorisation for the purposes of sections 211 and 218B 344\n\n249 Head, Transport for Victoria need not fence 346\n\n249B Regulations with respect to services operated by a passenger transport company etc. 347\n\n250 Service of documents on natural persons 347\n\n251 Service of documents on corporations 348\n\n251A Sale of lost property found in or on public transport property 349\n\n251B Nuisances and noise emissions 350\n\n252 Determination of differences 352\n\n253 Revocation of reservations for tramways purposes 352\n\n253A Revocation of part of Melbourne Park Reservation for tramways purposes 353\n\n253B Further revocation of reservations for tramways purposes 354\n\n253C Re-reservation of certain land for Yarra Park 354\n\n253D Registrar of Titles to make necessary amendments 355\n\n254 Acts etc. deemed performed by Road Traffic Authority 355\n\n254A Repeal of Part IIA 356\n\n254B Transitional provision—Effect of repeal of Part IIA 356\n\n255A Supreme Court—limitation of jurisdiction 356\n\n255B Supreme Court—limitation of jurisdiction 357\n\n255C Supreme Court—limitation of jurisdiction 357\n\n255D Supreme Court—limitation of jurisdiction 357\n\n255E Supreme Court—limitation of jurisdiction 357\n\n255F Supreme Court—limitation of jurisdiction 357\n\n256 Regulations 357\n\nDivision 3—Transitional and savings provisions—Transport (Further Amendment) Act 2001 359\n\n257 Definitions 359\n\n258 Transfer of rights and liabilities etc. of PTC to the Secretary on behalf of the Crown 359\n\n259 List of staff to be transferred 361\n\n260 Transfer of staff of PTC 361\n\n261 Savings provision—assignments 363\n\n262 Savings provision—guarantees 363\n\n263 Transitional provision—Power to amend or grant further guarantee on assignment of contract 364\n\nDivision 4—Savings and transitional provisions—Transport (Rights and Responsibilities) Act 2003 365\n\n264 Commencement date 365\n\n265 Continuation of Departmental authorisations 365\n\n266 Continuation of Roads Corporation authorisations 365\n\n267 Continuation of passenger transport and bus company employee authorisations 366\n\nDivision 5—Transitional provisions—Transport Legislation (Further Amendment) Act 2006 366\n\n268 Definitions 366\n\n269 Old certificates deemed to be accreditations 367\n\n270 Saving of accreditations granted by Secretary 368\n\n271 Saving of agreements etc. 368\n\nDivision 6—Transitional provisions—Transport (Taxi-cab Accreditation and Other Amendments) Act 2006 370\n\n272 Taxi-cab accreditation 370\n\n273 Assignments 373\n\nDivision 7—Transitional provisions—Transport Legislation Amendment (Driver and Industry Standards) Act 2008 373\n\n274 Accreditations 373\n\nDivision 8—Transitional provisions—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 374\n\n275 Transitional provision—direction to provide reasonable assistance 374\n\n276 Transitional provision—direction to state name and address 375\n\nDivision 9—Transitional provisions—Part 2 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 375\n\nSubdivision 1—Preliminary 375\n\n277 Definitions 375\n\nSubdivision 2—Property transfers 377\n\n278 Minister may direct transfer of DPT property etc. to Secretary 377\n\n279 Property etc. transferred in accordance with direction 379\n\n280 Allocation of property etc. subject to encumbrances 379\n\n281 Substitution of party to agreement 380\n\n282 Former DPT instruments and agreements 380\n\n283 Proceedings 381\n\n284 Interests in land 381\n\n285 Action by Registrar of Titles 381\n\n286 Taxes 382\n\n287 Evidence 382\n\n288 Validity of things done under this Subdivision 382\n\nSubdivision 3—Administrative and regulatory function transfers 383\n\n289 General transitional provisions 383\n\n290 Regulatory instruments 383\n\n291 Pending applications for accreditation 385\n\n292 Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations 385\n\n293 Disciplinary action taken against accredited persons 386\n\n294 Surrender of accreditations 386\n\n295 Application for commercial passenger vehicle licences 387\n\n296 Cancellation or alteration of licences 387\n\n297 Transfer of licences 388\n\n298 Assignments 388\n\n299 Substitution of vehicle where licensed vehicle undergoing repair 388\n\n300 Substitution of licensed vehicle 389\n\n301 Cancellation of licence for vehicles 389\n\n302 Revocation or suspension of licence, permit or certificate 389\n\n303 Application for driver accreditation 390\n\n304 Application for renewal of driver accreditation 390\n\n305 Actions Director may take in relation to holders of driver accreditations 391\n\n306 Pending applications for authorisations 391\n\n307 Pending applications for renewal of authorisations 391\n\n308 Identity cards of authorised officers 392\n\n309 Inquiries into conduct of authorised officers 392\n\n310 Pending applications for a certificate 392\n\n311 Pending applications for accreditation 393\n\n312 Change of accreditation conditions on application of accredited company 393\n\n313 Change of accreditation conditions on initiative of Director 394\n\n314 Pending applications for renewal of authorisations 394\n\n315 Supervision of accredited companies 394\n\n316 Proceedings 395\n\n317 References to the Director—certain statutory instruments 396\n\n318 Transitional regulations 396\n\nDivision 10—Transitional provisions—Part 3 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011 397\n\nSubdivision 1—Preliminary 397\n\n319 Definitions 397\n\nSubdivision 2—Property transfers 399\n\n320 Minister may direct transfer of property of Secretary etc. to TSC 399\n\n321 Property etc. transferred in accordance with direction 400\n\n322 Allocation of property etc. subject to encumbrances 401\n\n323 Substitution of party to agreement 402\n\n324 Former Secretary instruments and agreements 402\n\n325 Proceedings 402\n\n326 Interests in land 403\n\n327 Action by Registrar of Titles 403\n\n328 Taxes 403\n\n329 Evidence 403\n\n330 Validity of things done under this Subdivision 404\n\nSubdivision 3—Administrative and regulatory function transfers 405\n\n331 General transitional provisions 405\n\n332 Regulatory instruments 405\n\n333 Pending applications for accreditation 406\n\n334 Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations 407\n\n335 Disciplinary action taken against accredited persons 407\n\n336 Surrender of accreditations 408\n\n337 Application for commercial passenger vehicle licences 408\n\n338 Cancellation or alteration of licences 408\n\n339 Transfer of licences 409\n\n340 Assignments 409\n\n341 Substitution of vehicle where licensed vehicle undergoing repair 410\n\n342 Substitution of licensed vehicle 410\n\n343 Cancellation of licence for vehicles 410\n\n344 Revocation or suspension of licence, permit or certificate 411\n\n345 Application for driver accreditation 411\n\n346 Application for renewal of driver accreditation 412\n\n347 Actions Secretary may take in relation to holders of driver accreditations 412\n\n348 Proceedings 412\n\n349 References to the Secretary—certain statutory instruments 413\n\n350 Transitional regulations 413\n\nDivision 11—Transitional provisions—Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014 414\n\n351 Definitions 414\n\n352 Continuation of Public Transport Fund 414\n\n353 Specification of money to be transferred 415\n\n354 Transfer of money and abolition of old fund 415\n\n355 References to old fund 416\n\nDivision 12—Transitional provisions—Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016 417\n\n356 Continuation of protection for persons who have paid on-the-spot penalty fares 417\n\n357 Allocation of on-the-spot penalty fares 417\n\nDivision 13—Transitional provisions—Commercial Passenger Vehicle Industry Act 2017 418\n\n358 Restricted hire vehicle licences taken to be hire car licences 418\n\n359 Special purpose vehicle licences taken to be hire car licences 418\n\n360 Taxi-cab licences 418\n\n361 Accredited providers of taxi-cab network services 419\n\nDivision 14—Transitional provisions—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019 419\n\n362 Permissions for overdimensional vehicles 419\n\n363 Fees and further charges 420\n\nDivision 15—Savings and transitional arrangements—Transport Legislation Amendment Act 2019 421\n\n364 Application of Interpretation of Legislation Act 1984 421\n\nDivision 16—Savings and transitional arrangements—Transport Legislation Amendment Act 2023 421\n\n365 Directions of the Minister under section 221 421\n\nDivision 17—Savings and transitional arrangements—Transport Legislation Amendment (Vehicle Sharing Scheme Safety and Standards) Act 2025 422\n\n366 Vehicle sharing schemes—agreements and approvals 422\n\nSchedules 425\n\nSchedule 7––Covenants to be included in deed of assignment 428\n\nSchedule 9––Partial revocation of reservation on Yarra Park Land 429\n\nSchedule 10––Partial revocation of reservation on Yarra Park Land 430\n\nEndnotes 431\n\n1 General information 431\n\n2 Table of Amendments 433\n\n3 Explanatory details 464\n\n**Version No.** **230**\n\n**Transport (Compliance and Miscellaneous) Act 1983**\n\n**No. 9921 of 1983**\n\nVersion incorporating amendments as at  \n\nAn 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 1958**, the **Railway Lands Acquisition Act 1958**, the **Railways Act 1958**, the **Road Traffic Act 1958**, the **Transport Regulation Act 1958**, the **Melbourne Underground Rail Loop Act 1970**, 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.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\nPart I—Preliminary\n\n","sortOrder":11},{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement","content":"\t1 Short title and commencement\n\nS. 1(1) amended by No. 6/2010 s. 199(1).\n\n(1) This Act may be cited as the **Transport (Compliance and Miscellaneous) Act 1983**.\n\n(2) The several provisions of this Act shall come into operation or be deemed to have come into operation as follows—\n\n(a) section 246 shall be deemed to have come into operation on 5 May 1983;\n\n(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\n\n(c) the remaining provisions of this Act shall come into operation on 1 July 1983.\n\nS. 1(3) amended by No. 9984 s. 5(a), repealed by No. 100/1986 s. 39.\n\n","sortOrder":12},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"\t2 Definitions\n\n(1) In this Act unless inconsistent with the context or subject-matter—\n\nS. 2(1) def. of *accredited bus operator* inserted by No. 13/2009 s. 91(a) (as amended by No. 6/2010 s. 203(1)(Sch. 6 item 4.5)), repealed by No. 25/2025 s. 82(a).\n\nS. 2(1) def. of *accredited rail operator* inserted by No. 9/2006 s. 111, repealed by No. 23/2013 s. 107(a).\n\nS. 2(1) def. of *accredited rail transport operator* inserted by No. 23/2013 s. 106, repealed by No. 41/2019 s. 107(1)(a).\n\nS. 2(1) def. of *Agency* repealed by No. 100/1986 s. 3(22).\n\nS. 2(1) def. of *Administrator*  \ninserted by No. 47/1998 s. 16(1), repealed by No. 54/2001 s. 4(1)(b).\n\nS. 2(1) def. of *ancillary works* amended by No. 44/1989 s. 4(a), repealed by No. 12/2004 s. 137(1).\n\n***appointed day*** means 1 July 1983;\n\nS. 2(1) def. of *Associated Authority* inserted by No. 9984 s. 4(a)(i), amended by No. 63/1997  \ns. 10(4)(Sch. item 4), repealed by No. 54/2001 s. 4(1)(c).\n\nS. 2(1) def. of *Authority* repealed by No. 44/1989 s. 4(b).\n\nS. 2(1) def. of *booking service* inserted by No. 35/2017 s. 35(1).\n\n***booking service*** has same meaning as in the **Commercial Passenger Vehicle Industry Act 2017**;\n\nS. 2(1) def. of *bridge* repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *bus* inserted by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(b)).\n\n***bus*** has the same meaning as it has in section 3(1) of the **Bus Safety Act 2009**;\n\nS. 2(1) def. of *Bus Association Victoria* inserted by No. 95/2005 s. 26.\n\n***Bus Association Victoria*** means the incorporated association registered as Bus Association Victoria Inc. (registration number A0023338R);\n\nS. 2(1) def. of *bus company* inserted by No. 45/1999 s. 17(1)(a), amended by Nos 13/2009 s. 91(b) (as amended by No. 6/2010 s. 203(1)(Sch. 6 item 4.5)), 61/2011 s. 25(Sch. 1 item 13.1(a)), 3/2017 s. 50(Sch. 1 item 10.1(a)), 49/2019 s. 186(Sch. 4 item 45.1(a)).\n\n***bus company*** means a person or body that is a party to a contract with the Crown or the Secretary on behalf of the Crown or the Head, Transport for Victoria, for the provision of any transport services (including a service contract within the meaning of the **Bus Services Act 1995**) but does not include a person or body that is a passenger transport company;\n\nS. 2(1) def. of *bus service* inserted by No. 13/2009 s. 91(a) (as amended by No. 6/2010 s. 203(1)(Sch. 6 item 4.5)).\n\n***bus service*** has the same meaning as it has in section 3(1) of the **Bus Safety Act 2009**;\n\nS. 2(1) def. of *business day*  \ninserted by No. 106/1997 s. 3.\n\n***business day*** means a day that is not—\n\n(a) a Saturday or a Sunday; or\n\n(b) a day that is wholly or partly observed as a public holiday throughout Victoria;\n\nS. 2(1) def. of *Chief Executive of Safe Transport Victoria* inserted by No. 34/2023 s. 127(Sch. 1 item 17.1(a)).\n\n***Chief Executive of Safe Transport Victoria*** means the person appointed as the Chief Executive of Safe Transport Victoria under section 115H of the **Transport Integration Act 2010**;\n\nS. 2(1) def. of *Chief Investigator* inserted by No. 10/2006 s. 3, substituted as *Chief Investigator, Transport Safety* by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(c)), repealed by No. 25/2025 s. 82(a).\n\nS. 2(1) def. of *Commercial Passenger Vehicle Commission* inserted by No. 63/2017 s. 21(Sch. 1 item 10.1(a)), repealed by No. 34/2023 s. 127(Sch. 1 item 17.1(b)).\n\n***Commonwealth*** means Commonwealth of Australia;\n\nS. 2(1) def. of *Corporation* inserted by No. 44/1989 s. 4(c), amended by No. 54/2001 s. 4(1)(d), repealed by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(a)).\n\nS. 2(1) def. of *CPVC*  \ninserted by No. 63/2017 s. 21(Sch. 1 item 10.1(a)), repealed by No. 34/2023 s. 127(Sch. 1 item 17.1(b)).\n\nS. 2(1) def. of *declared road* amended by Nos 107/1995 s. 121(1), 50/1998  \ns. 47(a), repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *Department* inserted by No. 28/1996 s. 4(a), substituted by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(d)), amended by No. 70/2013 s. 4(Sch. 2 item 52.1), substituted by No. 49/2019 s. 186(Sch. 4 item 45.1(b)), amended by No. 34/2023 s. 70.\n\n***Department*** means the Department of Transport and Planning;\n\nS. 2(1) def. of *Director* inserted by No. 98/1998 s. 18(1), substituted by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(e)), repealed by No. 61/2011 s. 25(Sch. 1 item 13.1(b)).\n\nS. 2(1) def. of *Director of Marine Safety* inserted by No. 10/2006 s. 3, repealed by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(a)).\n\nS. 2(1) def. of *Director, Public Transport Safety* or *Safety Director* inserted by No. 9/2006 s. 111, substituted as *Safety* *Director* by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(f)), repealed by No. 29/2011 s. 3(Sch. 1 item 98.1).\n\nS. 2(1) def. of *entitlement to use a public transport service* inserted by No. 69/2007 s. 6, amended by No. 61/2011 s. 29(1)(a), substituted by Nos 80/2013 s. 4,  \n71/2016 s. 3, amended by Nos 3/2017 s. 50(Sch. 1 item 10.1(b)), 49/2019 s. 186(Sch. 4 item 45.1(c)) .\n\n***entitlement to use a public transport service*** includes an entitlement to use a public transport service arising under a contract or arrangement with, or under a licence or permission given by, the Head, Transport for Victoria or a bus company or passenger transport company;\n\nS. 2(1) def. of *Extension road*  \ninserted by No. 50/1998  \ns. 47(b), repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *forest road* repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *former Corporation* inserted by No. 54/2001 s. 4(1)(a).\n\n***former Corporation*** means the Public Transport Corporation established under Division 3 of Part 2 of the **Transport Act 1983** as in force immediately before the commencement of section 9 of the **Transport (Further Amendment) Act 2001**;\n\nS. 2(1) def. of *freeway* repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *Head, Transport for Victoria* inserted by No. 3/2017 s. 50(Sch. 1 item 10.1(c)).\n\n***Head, Transport for Victoria*** has the same meaning as it has in section 3 of the **Transport Integration Act 2010**;\n\nS. 2(1) def. of *hoarding* repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *improvement notice* inserted by No. 9/2006 s. 111, substituted by No. 27/2014 s. 137(2)(a).\n\n***improvement notice*** has the same meaning  \nas in the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**;\n\n***land*** includes any estate, interest, easement, servitude, 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;\n\nS. 2(1) def. of *licensing authority* inserted by No. 37/1996  \ns. 9(1), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 1(1)), 34/2011 ss 8, 122(1), 63/2017 s. 21(Sch. 1 item 10.1(b)), 34/2023 s. 127(Sch. 1 item 17.1(c)).\n\n***licensing authority*** means Safe Transport Victoria;\n\nS. 2(1) def. of *Link road* inserted by No. 107/1995 s. 121(2), repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *main road* repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *maintenance* amended by No. 44/1989 s. 4(d), repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *mandatory bus safety decision* inserted by No. 13/2009 s. 91(a) (as amended by No. 6/2010 s. 203(1)(Sch. 6 item 4.5)), amended by Nos 27/2014 s. 137(1)(a), 30/2021 s. 97, 34/2023 s. 127(Sch. 1 item 17.1(d)), repealed by No. 25/2025 s. 82(a).\n\nS. 2(1) def. of *mandatory marine safety* *decision* inserted by No. 65/2010 s. 394(2), amended by Nos 27/2014 s. 137(1)(b)  \n(i)–(iii), 49/2014 s. 61(4), 34/2023 s. 127(Sch. 1 item 17.1(e)), repealed by No. 25/2025 s. 82(a).[[1]](#endnote-2)\n\nS. 2(1) def. of *mandatory rail safety decision* inserted by No. 9/2006 s. 111, amended by Nos 23/2013 s. 107(b)(c), 27/2014 s. 137(1)(c), repealed by No. 41/2019 s. 107(1)(a).\n\nS. 2(1) def. of *marine safety matter* inserted by No. 10/2006 s. 3, substituted by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(j)), repealed by No. 25/2025 s. 82(a).\n\nS. 2(1) def. of *Melbourne metropolitan area* repealed by No. 120/1993 s. 4(1).\n\nS. 2(1) def. of *metropolitan area* substituted by No. 45/1987 s. 205(Sch. item 138), repealed by No. 85/2006 s. 173(Sch. 1 item 14).\n\nS. 2(1) def. of *metropolitan bridge* repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *Metropolitan Transit Authority* repealed by No. 44/1989 s. 4(e).\n\nS. 2(1) def. of *municipal council* inserted by No. 26/2025 s. 7.\n\n***municipal council*** has the same meaning as ***Council*** has in the **Local Government Act 2020**;\n\nS. 2(1) def. of *municipal district* inserted by No. 26/2025 s. 7.\n\n***municipal district*** has the same meaning as in the **Local Government Act 2020**;\n\nS. 2(1) def. of *municipality* repealed by No. 12/1989 s. 4(1)(Sch. 2 item 120.1).\n\nS. 2(1) def. of *officer* amended by Nos 100/1986 s. 4, 44/1989 s. 4(f), 28/1996 s. 4(b)(i), 54/2001 s. 4(1)(e), 49/2019 s. 186(Sch. 4 item 45.1(d)).\n\n***officer*** means a person for the time being employed in the Department;\n\nS. 2(1) def. of *passenger service* inserted by No. 98/1998 s. 18(1), amended by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(g)).\n\n***passenger service*** has the same meaning as in the **Rail Management Act 1996**;\n\nS. 2(1) def. of *passenger transport company* inserted by No. 104/1997 s. 31, substituted by No. 98/1998 s. 18(2), amended by Nos 63/1999 s. 12(1)(a)–(g), 30/2000 s. 3(1), 34/2003 s. 16(1), 6/2010 s. 199(3) (Sch. 3 item 1.1(h)).\n\n***passenger transport company*** means—\n\n(d) V/Line Corporation; or\n\n(e) a train operator; or\n\n(f) a tram operator; or\n\n(g) a person or body specified in an Order under subsection (2A), subject to any terms and conditions specified in that Order;\n\nS. 2(1) def. of *permanent improve-ments* amended by No. 44/1989 s. 4(g), repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *permanent works* repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 171.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 2(1) def. of *port safety officer* inserted by No. 19/2010 s. 3.\n\n***port safety officer*** means a person appointed under section 230L;\n\n***prescribed*** means prescribed by this Act or the regulations;\n\nS. 2(1) def. of *prohibition notice* inserted by No. 9/2006 s. 111, substituted by No. 27/2014 s. 137(2)(b).\n\n***prohibition notice*** has the same meaning as in the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**;\n\nS. 2(1) def. of *Public Transport Corporation* inserted by No. 44/1989 s. 4(h), repealed by No. 54/2001 s. 4(1)(f).\n\nS. 2(1) def. of *Public Transport Development Authority* inserted by No. 61/2011 s. 25(Sch. 1 item 13.1(c)), repealed by No. 49/2019 s. 186(Sch. 4 item 45.1(e)).\n\nS. 2(1) def. of *public transport property* inserted by No. 98/1998 s. 18(1), amended by No. 45/1999 s. 17(1)(b).\n\n***public transport property*** means property that is used by a passenger transport company in the provision of a passenger service or by a bus company in the provision of transport services;\n\nS. 2(1) def. of *public transport safety matter* inserted by No. 10/2006 s. 3, substituted by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(i)), repealed by No. 25/2025 s. 82(a).\n\nS. 2(1) def. of *public transport service* inserted by No. 56/2025 s. 21.\n\n***public transport service*** means a service provided by a bus company or a passenger transport company to transport members of the public, and includes any ancillary matters such as allowing entry to any place used in relation to the provision of such a service;\n\nS. 2(1) def. of *Public Transport Ticketing Body* inserted by No. 69/2007 s. 6, repealed by No. 61/2011 s. 29(1)(b).\n\nS. 2(1) def. of *rail corporation* inserted by No. 98/1998 s. 18(1), amended by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(k)).\n\n***rail corporation*** has the same meaning as in the **Rail Management Act 1996**;\n\nS. 2(1) def. of *rail freight operator* inserted by No. 98/1998 s. 18(1), amended by No. 63/1999 s. 12(2).\n\n***rail freight operator*** means—\n\n(b) a person or body specified in an Order under subsection (2B), subject to any terms and conditions specified in that Order;\n\nS. 2(1) def. of *rail infra-structure* inserted by No. 32/2002 s. 3, amended by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(l)).\n\n***rail infrastructure*** has the same meaning as in the **Rail Management Act 1996**;\n\nS. 2(1) def. of *rail infrastructure manager* inserted by No. 9/2006 s. 111, amended by No. 23/2013 s. 107(d), repealed by No. 41/2019 s. 107(1)(a).\n\nS. 2(1) def. of *rail infrastructure operations* inserted by No. 9/2006 s. 111, repealed by No. 23/2013 s. 107(a).\n\n ** * * * **\n\nS. 2(1) def. of *rail operations* inserted by No. 9/2006 s. 111, repealed by No. 23/2013 s. 107(a).\n\nS. 2(1) def. of *rail safety recommend-ation* inserted by No. 9/2006 s. 111, repealed by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(a)).\n\nS. 2(1) def. of *Rail Track* inserted by No. 104/1997 s. 31, substituted by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(m)).\n\n***Rail Track*** means Victorian Rail Track within the meaning of section 3 of the **Transport Integration Act 2010**;\n\nS. 2(1) def. of *relevant marine safety law* inserted by No. 65/2010 s. 394(2), repealed by No. 27/2014 s. 137(3).\n\nS. 2(1) def. of *relevant rail safety project* inserted by No. 9/2006 s. 111, repealed by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(a)).\n\nS. 2(1) def. of *relevant transport safety law* inserted by No. 9/2006 s. 111, amended by Nos 6/2010 s. 199(3) (Sch. 3 item 1.1(n)), 13/2009 s. 91(c) (as amended by No. 6/2010 s. 203(1)(Sch. 6 item 4.5)), 65/2010 s. 394(1), 23/2013 s. 107(e), repealed by No. 27/2014 s. 137(3).\n\n***road*** includes bridge, culvert, ferry and ford;\n\nS. 2(1) def. of *Road Construction Authority* repealed by No. 44/1989 s. 4(i).\n\nS. 2(1) def. of *Roads Corporation* inserted by No. 44/1989 s. 4(i), substituted by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(o)), repealed by No. 49/2019 s. 186(Sch. 4 item 45.1(f)).\n\nS. 2(1) def. of *rolling stock operations* inserted by No. 9/2006 s. 111, repealed by No. 23/2013 s. 107(a).\n\nS. 2(1) def. of *rolling stock operator* inserted by No. 9/2006 s. 111, amended by No. 23/2013 s. 107(f), substituted by No. 41/2019 s. 107(1)(b), repealed by No. 41/2019 s. 107(2).\n\nS. 2(1) def. of *Safe Transport Victoria* inserted by No. 34/2023 s. 127(Sch. 1 item 17.1(a)).\n\n***Safe Transport Victoria*** has the same meaning as in section 3 of the **Transport Integration Act 2010**;\n\nNew s. 2(1) def. of *Safety Director* inserted by No. 29/2011 s. 3(Sch. 1 item 98.2), amended by No. 35/2014 s. 46(1), repealed by No. 34/2023 s. 127(Sch. 1 item 17.1(b)).\n\nS. 2(1) def. of *Secretary* inserted by No. 60/1994 s. 4, amended by No. 28/1996 s. 4(b)(ii).\n\n***Secretary*** means the Secretary to the Department;\n\nS. 2(1) def. of *Road Traffic Authority* repealed by No. 44/1989 s. 4(j).\n\nS. 2(1) def. of *Southern Cross Station* inserted by No. 19/2010 s. 72.\n\n***Southern Cross Station*** means those parts of the Southern Cross Station precinct that are declared to be the Southern Cross Station by Order under section 57(1);\n\nS. 2(1) def. of *Southern Cross Station precinct* inserted by No. 19/2010 s. 72.\n\n***Southern Cross Station precinct*** means the land hatched on the plan in Schedule 2 to the **Rail Corporations Act 1996** as in force immediately before the commencement of section 7 of the **Transport Legislation General Amendments Act 2009**;\n\nS. 2(1) def. of *State highway* repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *State Transport Authority* repealed by No. 44/1989 s. 4(k).\n\nS. 2(1) def. of *stock route* repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *Taxi Services Commission* inserted by No. 34/2011 s. 122(2), repealed by No. 63/2017 s. 21(Sch. 1 item 10.1(c)).\n\n***the Loop*** means the rail tracks and ancillary worksauthorised to be constructed pursuant to the **Melbourne Underground Rail Loop Act 1970**;\n\nS. 2(1) def. of *ticket* inserted by No. 56/2025 s. 21.\n\n***ticket*** means an entitlement to use a public transport service;\n\nS. 2(1) def. of *tourists' road* repealed by No. 12/2004 s. 137(1).\n\nS. 2(1) def. of *train operator* inserted by No. 98/1998 s. 18(1).\n\n***train operator***, in relation to a provision of this Act, means a body corporate specified in an Order under subsection (2C) to be a train operator for the purposes of that provision;\n\nS. 2(1) def. of *tram infra-structure* inserted by No. 32/2002 s. 3, amended by No. 6/2010 s. 199(3) (Sch. 3 item 1.1(p)).\n\n***tram infrastructure*** has the same meaning as in the **Rail Management Act 1996**;\n\nS. 2(1) def. of *tram operator* inserted by No. 98/1998 s. 18(1).\n\n***tram operator***, in relation to a provision of this Act, means a body corporate specified in an Order under subsection (2D) to be a tram operator for the purposes of that provision;\n\nS. 2(1) def. of *transport safety officer* inserted by No. 9/2006 s. 111, substituted by No. 25/2025 s. 82(b).\n\n***transport safety officer*** has the same meaning as it has in section 3 of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**;\n\nS. 2(1) def. of *transport service* repealed by No. 30/2000 s. 3(2).\n\n***Treasurer*** means the Treasurer of Victoria;\n\nS. 2(1) def. of *Tribunal* inserted by No. 52/1998 s. 311(Sch. 1 item 96.1).\n\n***Tribunal*** means Victorian Civil and Administrative Tribunal established by the **Victorian Civil and Administrative Tribunal Act 1998**;\n\nS. 2(1) def. of *TSC* inserted by No. 43/2013 s. 52(1), repealed by No. 63/2017 s. 21(Sch. 1 item 10.1(c)).\n\nS. 2(1) def. of *West Gate Bridge* repealed by No. 12/2004 s. 137(1).\n\n(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.\n\nS. 2(2A) inserted by No. 98/1998 s. 18(3), amended by Nos 61/2011 s. 25(Sch. 1 item 13.2), 3/2017 s. 50(Sch. 1 item 10.2), 49/2019 s. 186(Sch. 4 item 45.2).\n\n(2A) The Governor in Council, by Order published in the Government Gazette, may declare that a person or body specified in the Order, being a person or body that has entered into a contract with the Crown or the Secretary on behalf of the Crown or the Head, Transport for Victoria for the provision by that person or body of a passenger service, is, on and from a date specified in the Order and subject to any terms and conditions specified in the Order, a passenger transport company for the purposes of this Act.\n\nS. 2(2B) inserted by No. 98/1998 s. 18(3).\n\n(2B) The Governor in Council, by Order published in the Government Gazette, may declare that a person or body specified in the Order, being a person or body that operates rail freight services, is, on and from a date specified in the Order and subject to any terms and conditions specified in the Order, a rail freight operator for the purposes of this Act.\n\nS. 2(2C) inserted by No. 98/1998 s. 18(3), substituted by No. 45/1999 s. 17(2).\n\n(2C) The Governor in Council, by Order published in the Government Gazette, may declare that a specified body corporate, being a body corporate that—\n\nS. 2(2C)(a) amended by Nos 30/2000 s. 3(3), 95/2005 s. 12(3), 6/2010 s. 199(3) (Sch. 3 item 1.2), 61/2011 s. 25(Sch. 1 item 13.3), 3/2017 s. 50(Sch. 1 item 10.3), 49/2019 s. 186(Sch. 4 item 45.3(a)).\n\n(a) is a party to a lease of rail infrastructure (within the meaning of the **Rail Management Act 1996**) by the Head, Transport for Victoria or Rail Track or the Southern Cross Station Authority; or\n\nS. 2(2C)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 13.4), 3/2017 s. 50(Sch. 1 item 10.4), 49/2019 s. 186(Sch. 4 item 45.3(b)).\n\n(b) is a party to a contract with the Secretary on behalf of the Crown or the Head, Transport for Victoria for the provision by that body corporate of a passenger service—\n\nis, on and from a specified date, a train operator for the purposes of a specified provision of this Act.\n\nS. 2(2D) inserted by No. 98/1998 s. 18(3), substituted by No. 45/1999 s. 17(2).\n\n(2D) The Governor in Council, by Order published in the Government Gazette, may declare that a specified body corporate, being a body corporate that—\n\nS. 2(2D)(a) amended by Nos 30/2000 s. 3(4), 95/2005 s. 12(3), 6/2010 s. 199(3) (Sch. 3 item 1.3), 61/2011 s. 25(Sch. 1 item 13.3), 3/2017 s. 50(Sch. 1 item 10.3), 49/2019 s. 186(Sch. 4 item 45.4(a)).\n\n(a) is a party to a lease of tram infrastructure (within the meaning of the **Rail Management Act 1996**) by the Head, Transport for Victoria or Rail Track or the Southern Cross Station Authority; or\n\nS. 2(2D)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 13.4), 3/2017 s. 50(Sch. 1 item 10.4), 49/2019 s. 186(Sch. 4 item 45.4(b)).\n\n(b) is a party to a contract with the Secretary on behalf of the Crown or the Head, Transport for Victoria for the provision by that body corporate of a passenger service—\n\nis, on and from a specified date, a tram operator for the purposes of a specified provision of this Act.\n\nS. 2(3) repealed by No. 120/1993 s. 4(2),  \nnew s. 2(3) inserted by No. 46/1998  \ns. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 208.1), 6/2010 s. 199(3) (Sch. 3 item 1.4), 70/2013 s. 4(Sch. 2 item 52.2).\n\n(3) If under the **Public Administration Act 2004** the name of the Department of Transport, Planning and Local Infrastructure is changed, the reference in the definition of ***Secretary*** in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.\n\nS. 2(4)–(6) inserted by No. 9984 s. 4(a)(ii), repealed by No. 54/2001 s. 4(2).\n\nS. 2A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 16).\n\n","sortOrder":13},{"sectionNumber":"2A","sectionType":"section","heading":"Transport Integration Act 2010","content":"\t2A Transport Integration Act 2010\n\nThis Act is transport legislation within the meaning of the **Transport Integration Act 2010**.\n\nPart II—Administration\n\nPt 2 Div. 1 (Heading) substituted by No. 98/1998 s. 19.\n\n","sortOrder":14},{"sectionNumber":"Div 1","sectionType":"division","heading":"The Department","content":"Division 1—The Department\n\nS. 3  \namended by Nos 44/1989 s. 5(a)(b), 68/1995 s. 40(1)(a)(b), repealed by No. 28/1996  \ns. 4(c).\n\nPt 2 Div. 1 Subdiv. 1 (Heading) inserted by No. 9/2006 s. 112.\n\n","sortOrder":15},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"General","content":"Subdivision 1—General\n\nS. 4 amended by Nos 44/1989 s. 40(Sch. 1 item 7.1), 60/1994 s. 5, 68/1995 s. 40(2)(3), 100/1995 s. 32(Sch. 2 item 10), 28/1996 s. 4(d)(f)(g), 46/1998 s. 7(Sch. 1), 98/1998 s. 25(a), 6/1999 s. 10, 54/2001 ss 5, 25(Sch. items 1.1–1.4), 9/2006 s. 113, repealed by No. 6/2010 s. 199(3)  \n\nS. 4A  \ninserted by No. 98/1998 s. 20,  \nrepealed by No. 61/2011 s. 23(1).\n\nS. 5  \nrepealed by No. 44/1989 s. 6, new s. 5 inserted by No. 60/1994 s. 6, amended by Nos 98/1998 s. 25(b), 54/2001 s. 6,  \nrepealed by No. 61/2011 s. 23(1).\n\nS. 6  \nrepealed by No. 44/1989 s. 6, new s. 6 inserted by No. 60/1994 s. 6, amended by No. 28/1996 s. 4(h), repealed by No. 6/2010 s. 199(3)  \n\nS. 6A inserted by No. 60/1994 s. 6, amended by Nos 28/1996 s. 4(h)(i), 98/1998 s. 21(1)(2), 54/2001 s. 7, repealed by No. 6/2010 s. 199(3)  \n\nS. 6B  \ninserted by No. 60/1994 s. 6, repealed by No. 6/2010 s. 199(3)  \n\nS. 6C  \ninserted by No. 60/1994 s. 6, repealed by No. 54/2001 s. 8.\n\nS. 7 (Heading) inserted by No. 80/2006 s. 26(Sch. item 103.1).\n\nS. 7 amended by Nos 34/2003 s. 13(a), 80/2006 s. 26(Sch. item 103.2), 28/2007 s. 3(Sch.  \nitem 66.1).\n\n","sortOrder":16},{"sectionNumber":"7","sectionType":"section","heading":"Minister may make use of services of officers etc. of public service or public entities","content":"\t7 Minister may make use of services of officers etc. of public service or public entities\n\nFor the purposes of this Act the Minister administering this Act with the consent of the Minister administering the Department 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 entity subject to the agreement of that officer or employee.\n\nS. 7A  \ninserted by No. 44/1989 s. 7,  \namended by Nos 85/1992 s. 3, 28/1996  \ns. 4(j), 98/1998 s. 21(3), repealed by No. 6/2010 s. 199(3)  \n\nPt 2 Div. 1 Subdiv. 2 (Heading and ss 8–9J) amended by Nos 98/1998 s. 22, 45/1999 s. 18, 32/2002 ss 4, 5, 12/2004 s. 137(2)–(5), 108/2004 s. 117(1) (Sch. 3 item 208.1), 95/2005 ss 31, 32, 9/2006 ss 114–116 (as amended by No. 47/2006 s. 53(1)), 47/2006 ss 3–7, 69/2007 s. 7, 6/2010 s. 199(3) (Sch. 3 item 2.1), repealed by No. 61/2011 s. 23(2).\n\nPt 2 Div. 1 Subdiv. 3 (Heading and ss 9K–9ZD) inserted by No. 9/2006 s. 117, amended by Nos 69/2007 s. 8, 4/2008 s. 32(Sch. item 33), repealed by No. 6/2010 s. 199(3)  \n(Sch. 3 item 2.2).\n\nPt 2 Div. 1 Subdiv. 4 (Heading) inserted by No. 9/2006 s. 118.\n\n","sortOrder":17},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Provisions relating to passenger services","content":"Subdivision 4—Provisions relating to passenger services\n\nNew s. 10 inserted by No. 98/1998 s. 23.\n\n","sortOrder":18},{"sectionNumber":"10","sectionType":"section","heading":"Priority of passenger services","content":"\t10 Priority of passenger services\n\n(1) If—\n\nS. 10(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 13.5(a)), 3/2017 s. 50(Sch. 1 item 10.5).\n\n(a) an agreement relating to the provision or operation of passenger services between the Head, Transport for Victoria and a train operator provides for the Head, Transport for Victoria to require or approve a change in the timetable for a passenger service provided by the train operator; and\n\nS. 10(1)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 13.5(b)), 3/2017 s. 50(Sch. 1 item 10.5).\n\n(b) in accordance with that agreement the Head, Transport for Victoria requires or approves a timetable change; and\n\nS. 10(1)(c) amended by Nos 45/1999 s. 19(1)(a), 25/2005 s. 9(1)(a)(i)(ii).\n\n(c) in order to provide the passenger service to which the timetable change relates, the train operator requires use of rail transport services or declared rail transport services; and\n\nS. 10(1)(d) amended by Nos 45/1999 s. 19(1)(b), 62/2001 s. 96, substituted by No. 25/2005 s. 9(1)(b).\n\n(d) the train operator is—\n\n(i) a party to an agreement relating to the provision of those rail transport services or declared rail transport services; or\n\nS. 10(1)(d)(ia) inserted by No. 25/2005 s. 9(7).\n\n(ia) an access provider bound by a binding access arrangement relating to the provision of those rail transport services or declared rail transport services; or\n\n(ii) an access provider bound by a dispute resolution decision relating to the provision of those rail transport services or declared rail transport services—\n\nthen—\n\nS. 10(1)(e) amended by Nos 45/1999 s. 19(1)(c), 25/2005 s. 9(1)(c), 6/2010 s. 199(3)  \n(Sch. 3 item 2.3).\n\n(e) the person that is the operator for the purposes of Part 2A of the **Rail Management Act 1996** of the rail infrastructure used to provide those rail transport services or declared rail transport services (in this section referred to as ***the rail infrastructure operator***) must provide the train operator with such services as are necessary to enable the train operator to provide the passenger service in accordance with the timetable change; or\n\n(f) if the train operator and the rail infrastructure operator are the same person, the train operator may use those services to the extent necessary to enable the train operator to provide the passenger service in accordance with the timetable change.\n\nS. 10(2) amended by No. 25/2005 s. 9(2)(a)(b).\n\n(2) Subsection (1) applies even if the use by the train operator of the rail transport services and declared rail transport services may—\n\nS. 10(2)(a) amended by No. 45/1999 s. 19(2)(a).\n\n(a) interfere with an existing use by the rail infrastructure operator of the rail transport services or declared rail transport services for the provision by that operator of a rail transport service other than a passenger service or a service that is predominantly a passenger service (in this section referred to as ***a non-passenger service***); or\n\nS. 10(2)(b) amended by Nos 45/1999 s. 19(2)(b), 25/2005 s. 9(2)(c)(i)(ii).\n\n(b) interfere with an existing right of another person to use the rail transport services or declared rail transport services (as the case may be) to provide a non-passenger service.\n\n(3) Subsection (1) is subject to—\n\nS. 10(3)(a) amended by No. 45/1999 s. 19(3).\n\n(a) any existing use by the rail infrastructure operator of the rail transport services or declared rail transport services for the provision of, or predominantly for the provision of, a passenger service by that operator; or\n\nS. 10(3)(b) amended by Nos 45/1999 s. 19(3), 25/2005 s. 9(3)(a)(b).\n\n(b) any existing right of a train operator to use the rail transport services or declared rail transport services for the provision of, or predominantly for the provision of, a passenger service.\n\nS. 10(4) substituted by No. 25/2005 s. 9(4).\n\n(4) Nothing in subsection (2) or (3) affects any provision of an agreement or a dispute resolution decision referred to in subsection (1)(d) relating to a right to use rail transport services or declared rail transport services referred to in subsection (2)(b) or (3)(b) which specifies the respective rights or obligations of—\n\nS. 10(4)(a) amended by No. 25/2005 s. 9(8)(a).\n\n(a) in the case of an agreement, binding access arrangement, the parties to the agreement; or\n\nS. 10(4)(ab) inserted by No. 25/2005 s. 9(8)(b).\n\n(ab) in the case of a binding access arrangement, the access provider and any access seeker; or\n\n(b) in the case of a dispute resolution decision, the parties bound by that decision—\n\nas a result of—\n\n(c) any interference with an existing use or right arising from the operation of this section; or\n\nS. 10(4)(d) amended by Nos 61/2011 s. 25(Sch. 1 item 13.5(b)), 3/2017 s. 50(Sch. 1 item 10.5).\n\n(d) the Head, Transport for Victoria requiring or approving a timetable change in accordance with an agreement referred  \nto in subsection (1)(a).\n\nS. 10(5) substituted by No. 25/2005 s. 9(5), amended by No. 25/2005 s. 9(9).\n\n(5) Subject to the terms of any agreement, binding access agreement, or a dispute resolution decision relating to a right referred to in subsection (2)(b), if the operation of this section interferes with that right, the rail infrastructure operator must use all reasonable endeavours to provide alternative rail transport services or declared rail transport services (as the case requires) to the person whose right to use those services is interfered with so as to minimise that interference.\n\nS. 10(6) amended by Nos 61/2011 s. 25(Sch. 1 item 13.5(b)), 3/2017 s. 50(Sch. 1 item 10.5).\n\n(6) In deciding whether to require or approve a timetable change in accordance with an agreement referred to in subsection (1)(a), the Head, Transport for Victoria must have regard to the objective of ensuring that the provision  \nof a passenger service has priority over any non‑passenger service unless, in the particular circumstances, the interference with a non‑passenger service resulting from according that priority would in the opinion of the Head, Transport for Victoria be serious and unreasonable.\n\nS. 10(7) inserted by No. 25/2005 s. 9(6), amended by No. 6/2010 s. 199(3)  \n(Sch. 3 item 2.4).\n\n(7) In this section ***access provider***, ***access seeker***, ***binding access arrangement***, ***dispute resolution decision***, ***rail transport service*** and ***declared rail transport service*** have the meanings given to them under section 38A of the **Rail Management Act 1996**.\n\nNew s. 11 inserted by No. 98/1998 s. 24, amended by No. 61/2011 s. 23(3)(4), repealed by No. 35/2014 s. 39.\n\nNew s. 12  \ninserted by No. 69/2007 s. 9.\n\n","sortOrder":19},{"sectionNumber":"12","sectionType":"section","heading":"Financial assistance to train drivers following fatal incidents","content":"\t12 Financial assistance to train drivers following fatal incidents\n\nS. 12(1) amended by Nos 6/2010 s. 199(3)  \n(Sch. 3 item 2.5), 61/2011 s. 25(Sch. 2 item 5.1), 7/2019 s. 47(1).\n\n(1) The Secretary must grant to a train driver employed or engaged by a train operator an amount of financial assistance equal to the prescribed amount if the Secretary is satisfied that the train driver is eligible under this section to be awarded that amount.\n\n(2) A train driver is eligible under this section to be awarded financial assistance if—\n\nS. 12(2)(a) substituted by No. 7/2019 s. 47(2).\n\n(a) a train is involved in an incident in which one or more persons die either by being struck by the train or by being in a vehicle struck by the train and the train driver is—\n\n(i) driving the train; or\n\n(ii) rostered for work and in the driver's cabin of the train with the authority of the train operator; and\n\n(b) the incident occurred on or after the commencement of section 9 of the **Transport Legislation Amendment Act** **2007**.\n\nS. 12(3) amended by Nos 22/2013 s. 90, 41/2019 s. 108.\n\n(3) A train driver is not eligible for financial assistance under this section if the train driver was convicted or found guilty of an offence under Part 4A of the **Rail Safety National Law Application Act 2013** or Division 9 of Part 3 of the Rail Safety National Law (Victoria) involving alcohol or drugs in relation to the incident.\n\nS. 12(4) amended by No. 35/2014 s. 40.\n\n(4) The financial assistance granted under this section must be paid out as a lump sum.\n\n(5) Despite anything to the contrary in the **Accident Compensation Act 1985** or the **Transport Accident Act 1986**, a grant of financial assistance under this section is not to be taken into account in determining any amount of compensation, assistance or payment of any kind that the train driver is entitled to receive under either of those Acts.\n\nNote to s. 12(5) substituted by No. 21/2022 s. 81(1).\n\nThe financial assistance that a train driver has been awarded or is eligible to be awarded under this section is to be taken into account to reduce the amount of financial assistance awarded to the train driver under the **Victims of Crime Assistance Act 1996** (see section 16(ac) of that Act) or paid to the train driver under the **Victims of Crime (Financial Assistance Scheme) Act 2022** (see section 18(1)(a)(iii) of that Act).\n\nS. 12(6) amended by No. 21/2022 s. 81(2).\n\n(6) In this section the prescribed amount of financial assistance is $1300 or any higher amount that is prescribed as the maximum amount for the purposes of section 11 of the **Victims of Crime (Financial Assistance Scheme) Act 2022** in relation to a category C act of violence.\n\nPt 2 Div. 2 (Heading and ss 8–12) amended by Nos 9984 ss 4(b)(c), 5(b)(c), 100/1986 s. 3(22), 44/1989 ss 8, 39(1)(a), 40(Sch. 1 item 7.1), repealed by No. 85/1992 s. 4.\n\nPt 2 Div. 3 (Heading and ss 13–20) amended by Nos 127/1986 s. 102(Sch. 4 item 28.1), 15/1987 s. 31(3), 52/1988 s. 161(Sch. 6 item 14.1), substituted as Pt 2 Div. 3 (Heading and ss 13–16) by No. 44/1989 s. 9, amended by Nos 76/1991 s. 15(1), 85/1992 ss 5, 6, 9(1)(a), 60/1994 s. 7, 17/1995 s. 24(a), 68/1995 s. 41(1), 104/1997 s. 32, 47/1998 s. 16(2)(3), 98/1998 s. 25(c), 30/2000 ss 4, 5, 54/2001 ss 9, 25(Sch. item 1.5), 12/2004 ss 136, 137(6), 30/2007 s. 225, 93/2009 s. 36, repealed by No. 6/2010 s. 199(3)  \n(Sch. 3 item 3).\n\nPt 2 Div. 3A (Heading and ss 17–20E) inserted by No. 47/1998 s. 15, repealed by No. 54/2001 s. 9.\n\nPt 2 Div. 4 (Heading and ss 21–33) amended by Nos 10220 s. 14, 100/1986 ss 3(22), 5, 50/1988 s. 93(2)(Sch. 2 Pt 2 item 59), 44/1989 ss 10–16, 17(2), 40(Sch. 1 items 1, 2.1, 6.1, 8.1, 20), 81/1990 s. 7(1), 85/1992 ss 7, 8, 9(1)(b)(c), 120/1993 s. 64, 60/1994 s. 8, 17/1995 s. 22, 68/1995 s. 42, 28/1996 s. 5, 47/1998 s. 16(4)–(6), 54/2001 ss 10, 25(Sch. items 1.6–1.12, 1.14), 49/2004 s. 46, 95/2005 s. 33, 69/2007 s. 40(1), 74/2007 s. 80, repealed by No. 6/2010 s. 199(3)  \n(Sch. 3 item 4).\n\nPt 2 Div. 5 (Heading and ss 34–37) amended by Nos 44/1989 ss 18(1), 40(Sch. 1 items 15, 25), 85/1992 s. 9(1)(c)(d), repealed by No. 6/2010 s. 199(3)  \n(Sch. 3 item 5).\n\nPt 2A (Heading and s. 37A) inserted by No. 54/2002 s. 3, amended by No. 59/2003 s. 124, repealed by No. 9921 s. 254A[[2]](#endnote-3).\n\nPt 3 (Heading) amended by Nos 100/1986 s. 3(22), 81/1990 s. 7(2), 54/2001 s. 25(Sch. item 1.13).\n\nPart III—Powers of the Corporation\n\nS. 38 amended by Nos 100/1986 s. 3(22), 44/1989 s. 40(Sch. 1 items 2.1, 10), 54/2001 s. 25(Sch. items 1.15, 1.16), repealed by No. 6/2010 s. 199(3)  \n\nS. 39 amended by Nos 9984 s. 5(d), 10220 s. 16, 100/1986 s. 3(22), 123/1986 s. 80, 44/1989 s. 40(Sch. 1 item 2.1), 54/2001 ss 11, 25(Sch. item 1.17), repealed by No. 6/2010 s. 199(3)  \n\nS. 40 substituted by No. 44/1989 s. 19, amended by Nos 60/1994 s. 9(1)(2), 30/2000 s. 6, repealed by No. 54/2001 s. 12.\n\nS. 41 substituted by No. 44/1989 s. 19, repealed by No. 12/2004 s. 137(7).\n\nS. 42 amended by Nos 9984 s. 5(e), 100/1986 s. 3(22), 121/1986 s. 112, 18/1989 s. 13(Sch. 2 item 90(a)), 44/1989 ss 20(a)(b), 40(Sch. 1 items 1, 2.1, 8.1), 81/1989 s. 3(Sch. item 53.1), 81/1990 s. 7(3), 85/1998 s. 24(Sch. item 59), 30/2000 s. 7, 54/2001 s. 25(Sch. items 1.19–1.25), repealed by No. 12/2004 s. 137(8).\n\n","sortOrder":20},{"sectionNumber":"43","sectionType":"section","heading":"Special acquisition powers of Rail Track with respect to the Loop","content":"\t43 Special acquisition powers of Rail Track with respect to the Loop\n\nS. 43(1) amended by Nos 44/1989 s. 40(Sch. 1 item 16), 30/2000 s. 8(1).\n\n(1) Rail Track may—\n\n(a) purchase or, with the approval of the Minister, compulsorily acquire any land in the City of Melbourne shown hatched in Schedule 3 to the **Melbourne Underground Rail Loop Act 1970**;\n\n(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.\n\nS. 43(2) amended by Nos 44/1989 s. 40(Sch. 1 items 12, 16), 30/2000 s. 8(2).\n\n(2) Notwithstanding anything in this or any other Act, compensation shall not be payable by Rail Track in respect of any lands used by that Corporation 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.\n\nS. 44 amended by Nos 16/1986 s. 30, 44/1989 s. 40(Sch. 1 items 12, 17), repealed by No. 12/2004 s. 137(8).\n\nS. 45 amended by Nos 12/1989 s. 4(1)(Sch. 2 item 120.2) (as amended by No. 13/1990 s. 38(2)(z)), 44/1989 s. 40(Sch. 1 items 1, 2.1, 8.1), 54/2001 s. 25(Sch. items 1.26–1.28), repealed by No. 6/2010 s. 199(3)  \n\nS. 46 amended by Nos 44/1989 s. 40(Sch. 1 items 2.1, 8.1), 54/2001 s. 25(Sch. item 1.29), repealed by No. 6/2010 s. 199(3)  \n\nS. 47 amended by Nos 100/1986 s. 6, 44/1989 s. 40(Sch. 1 items 1, 2.1, 8.1, 19.1), 76/1991 s. 15(2), 79/1996 s. 58(1), 46/1998 s. 7(Sch. 1), 54/2001 s. 25(Sch. items 1.30–1.32), repealed by No. 6/2010 s. 199(3)  \n\nS. 48 amended by No. 44/1989 s. 40(Sch. 1 items 8.1, 8.2, 17), repealed by No. 12/2004 s. 137(8).\n\nS. 49 substituted by No. 44/1989 s. 21, repealed by No. 30/2000 s. 9.\n\nS. 50 amended by Nos 44/1989 s. 40(Sch. 1 items 12, 14, 19.1), 76/1991 s. 15(3)(a)(b), 60/1994 s. 10(a)(b), repealed by No. 30/2000 s. 10.\n\nS. 51 amended by Nos 44/1989 s. 40(Sch. 1 items 2.1, 8.1, 19.1), 57/1989 s. 3(Sch. items 202.1, 202.2), repealed by No. 30/2000 s. 11.\n\nS. 52 amended by Nos 100/1986 s. 3(17)(a)–(c), 12/1989 s. 4(1)(Sch. 2 items 120.3, 120.4), 44/1989 s. 40(Sch. 1 item 16), 80/1992 s. 55(a)–(d), 121/1994 s. 211, repealed by No. 100/1995 s. 59(1).\n\nS. 53 amended by Nos 10087 s. 3(1)(Sch. 1 item 271), 100/1986 s. 3(18), 12/1989 s. 4(1)(Sch. 2 item 120.5) (as amended by No. 13/1990 s. 38(2)(za)), 80/1992 s. 55(e), repealed by No. 100/1995 s. 59(1).\n\n","sortOrder":21},{"sectionNumber":"54","sectionType":"section","heading":"Provisions as to proposed developments along the line of the Loop","content":"\t54 Provisions as to proposed developments along the line of the Loop\n\nS. 54(1) amended by Nos 44/1989 s. 40(Sch. 1 items 12, 16), 104/1997 s. 33(1)(2).\n\n(1) Any person who proposes to develop any land along or in the immediate proximity of the Loop shall before commencing the development and without in any way limiting his obligation under any other Act to obtain any other approval or consent submit to Rail Track full details of his proposed development and shall comply with any conditions imposed by Rail Track which it thinks may be necessary for the protection of the Loop or the proposed development.\n\nS. 54(2) amended by Nos 44/1989 s. 40(Sch. 1 item 16), 104/1997 s. 33(1).\n\n(2) If in the case of any development there is a breach of subsection (1), Rail Track may by notice in writing to the owner of the land to which the breach relates require—\n\n(a) the demolition of the whole or any part of any structure;\n\n(b) the making of any additions or extensions to or alterations of any structure; or\n\nS. 54(2)(c) amended by Nos 44/1989 s. 40(Sch. 1 item 12), 104/1997 s. 33(2).\n\n(c) the carrying out of any other work upon above or below the surface of the land which Rail Track thinks may be necessary for the protection of the Loop or the development.\n\n(3) A notice given pursuant to subsection (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.\n\nS. 54(4) amended by Nos 44/1989 s. 40(Sch. 1 item 16), 104/1997 s. 33(1).\n\n(4) If any notice given pursuant to subsection (2) is not complied with by the day so specified, Rail Track may without any further notice enter upon the land and carry out the works required by the notice.\n\nS. 54(5) amended by Nos 44/1989 s. 40(Sch. 1 item 16), 104/1997 s. 33(1).\n\n(5) The costs and expenses of carrying out any work pursuant to subsection (4) shall be a civil debt recoverable summarily by Rail Track from the owner of the land in any court of competent jurisdiction.\n\nS. 54(6) amended by Nos 44/1989 s. 40(Sch. 1 item 16), 104/1997 s. 33(1).\n\n(6) Nothing in this section shall limit any rights of Rail Track to have any development restrained in consequence of a breach of this section or otherwise.\n\n(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.\n\nS. 55 amended by Nos 44/1989 s. 22, 54/2001 s. 25(Sch. item 1.33), repealed by No. 74/2007 s. 81.\n\n","sortOrder":22},{"sectionNumber":"56","sectionType":"section","heading":"Regulations","content":"\t56 Regulations\n\nS. 56(1)(a) amended by Nos 44/1989 s. 40(Sch. 1 item 2.1), 98/1998 s. 26(1)(a), 30/2000 s. 12(1)(a), 49/2019 s. 186(Sch. 4 item 45.5(a)).\n\n(a) generally regulating and controlling the carrying out of any works or undertaking by the Head, Transport for Victoria, a passenger transport company or rail freight operator;\n\nS. 56(1)(b) amended by Nos 44/1989 s. 40(Sch. 1 item 2.1), 98/1998 s. 26(1)(a), 30/2000 s. 12(1)(b), substituted by No. 95/2005 s. 34(1), amended by Nos 19/2010 s. 73(a), 49/2019 s. 186(Sch. 4 item 45.5(a)).\n\n(b) prohibiting conduct in relation to, or regulating the conduct of anyone in Southern Cross Station or in or on, any vehicle or place belonging to, or under the control of, Rail Track, the Head, Transport for Victoria, a passenger transport company, a rail freight operator or a bus company, including, for example, prohibiting or regulating the following conduct on the vehicle or place—\n\n(i) littering;\n\n(ii) gambling;\n\n(iii) graffiti;\n\n(iv) damage to property;\n\n(v) the possession of open containers of liquor or containers that purport to contain liquor;\n\n(vi) the crossing of railway tracks and tramway tracks in specified circumstances;\n\nS. 56(1)(ba) inserted by No. 45/1999 s. 20(1)(a), substituted by No. 95/2005 s. 34(1), amended by No. 19/2010 s. 73(b).\n\n(ba) providing for the removal and disposal of open containers of liquor, or containers that purport to contain liquor, in or on a vehicle or place referred to in paragraph (b);\n\nS. 56(1)(c) amended by Nos 44/1989 s. 40(Sch. 1 item 2.1), 98/1998 s. 26(1)(a), 30/2000 s. 12(1)(c), 19/2010 s. 73(c), 49/2019 s. 186(Sch. 4 item 45.5(a)).\n\n(c) preventing interference with or damage to Southern Cross Station or any property, works or undertaking in Southern Cross Station or belonging to or under the control of the Head, Transport for Victoria, a passenger transport company or rail freight operator;\n\nS. 56(1)(ca) inserted by No. 45/1999 s. 20(1)(b).\n\n(ca) preventing interference with or damage to any vehicle belonging to or under the control of a bus company;\n\nS. 56(1)(d) amended by Nos 10087 s. 3(1)(Sch. 1 item 272), 44/1989 s. 40(Sch. 1 item 2.1), 98/1998 s. 26(1)(b), 30/2000 s. 12(1)(d), 19/2010 s. 73(d), 49/2019 s. 186(Sch. 4 item 45.5(a)).\n\n(d) prohibiting the discharge of sewage or drainage onto Southern Cross Station or any land or premises the property of the Head, Transport for Victoria or Rail Track;\n\nS. 56(1)(e) amended by Nos 44/1989 s. 40(Sch. 1 item 2.1), 98/1998 s. 26(1)(c), 30/2000 s. 12(1)(e), 19/2010 s. 73(e), 61/2011 s. 25(Sch. 2 item 5.2), 49/2019 s. 186 (Sch. 4 item 45.5(a)(b)).\n\n(e) preventing trespassing upon Southern Cross Station or any land or premises the property of the Head, Transport for Victoria or Rail Track or under the control of the Secretary or the Head, Transport for Victoria or of a passenger transport company or rail freight operator;\n\nS. 56(1)(f) amended by Nos 44/1989 s. 40(Sch. 1 item 2.1), 98/1998 s. 26(1)(c), 30/2000 s. 12(1)(f), 19/2010 s. 73(f), 61/2011 s. 25(Sch. 2 item 5.2), 49/2019 s. 186 (Sch. 4 item 45.5(a)(b)).\n\n(f) excluding or removing persons, animals or vehicles or specified classes of persons, animals or vehicles from Southern Cross Station or any land or premises the property of the Head, Transport for Victoria or Rail Track or under the control of the Secretary or the Head, Transport for Victoria or of a passenger transport company or rail freight operator;\n\nS. 56(1)(g) amended by Nos 44/1989 s. 40(Sch. 1 item 2.1), 30/2000 s. 12(1)(g), 19/2010 s. 73(g), 49/2019 s. 186(Sch. 4 item 45.5(a)).\n\n(g) prescribing the persons or classes of persons permitted to leave vehicles standing in Southern Cross Station or upon any parking area provided by the Head, Transport for Victoria and the periods for which and the conditions under which vehicles may be so left standing;\n\nS. 56(1)(ga) inserted by No. 95/2005 s. 34(2), amended by No. 19/2010 s. 73(h).\n\n(ga) in relation to the parking of vehicles in Southern Cross Station or on any place belonging to, or under the control of, Rail Track, a passenger transport company, a rail freight operator or a bus company—\n\nS. 56(1)(ga)(i) amended by No. 35/2014 s. 42(1)(a).\n\n(i) regulating the circumstances in which vehicles may be parked or removed, including, for example—\n\nS. 56(1)(ga)  \n(i)(A) amended by No. 35/2014 s. 42(1)(b).\n\n(A) specifying the conditions and restrictions to which the parking or removal is subject, or to which it may be made subject (including the payment of fees and whether operator onus applies under Part 6AA of the **Road Safety Act 1986**);\n\n(B) providing for different provisions or conditions and restrictions to apply to different areas of the place;\n\n(ii) providing for signs and marks, and for control devices such as barriers and devices to restrict entry or exit;\n\n(iii) specifying the legal effects of signs, marks and devices, and the evidence that is sufficient to prove their existence and effect;\n\nS. 56(1)(ga)(iv) substituted by No. 35/2014 s. 42(1)(c).\n\n(iv) providing for authorised officers to require an occupant, or an intending occupant, of a vehicle that is at or has just left the place to produce evidence that any condition or restriction applying to parking at or removal from that place has been complied with, regardless of where the person is at the time the requirement is made;\n\nS. 56(1)(ga)(v) substituted by No. 35/2014 s. 42(1)(d).\n\n(v) providing for the person in control of the place, any person acting on behalf of that person and authorised officers to give directions to the owner or driver of a vehicle in relation to the parking of the vehicle at, or removal of the vehicle from, the place (including directions that the vehicle not be parked at the place, or that the vehicle be removed from the place, or that a vehicle that has just left the place must stop), regardless of whether the owner or driver is in the vehicle, and regardless of where the person giving the direction is at the time the direction is given, and regardless of whether the vehicle is at or has just left the place at the time the direction is given;\n\nS. 56(1)(ga)(vi) amended by No. 35/2014 s. 42(1)(e).\n\n(vi) authorising the person in control of the place, a person acting on behalf of that person or an authorised officer, to do anything that is necessary to enable the enforcement of regulations made under this paragraph;\n\nS. 56(1)(h) amended by Nos 44/1989 s. 40(Sch. 1 item 2.1), 98/1998 s. 26(1)(c), 30/2000 s. 12(1)(h), 19/2010 s. 73(i), 61/2011 s. 25(Sch. 2 item 5.2), 49/2019 s. 186 (Sch. 4 item 45.5(a)(b)).\n\n(h) regulating and controlling the placing by persons of refuse, rubbish or other materials in Southern Cross Station or on land or premises the property of the Head, Transport for Victoria or Rail Track or under the control of the Secretary or the Head, Transport for Victoria or of a passenger transport company or rail freight operator and the removal from such land or premises of refuse, rubbish or other materials;\n\nS. 56(1)(i) amended by Nos 44/1989 s. 40(Sch. 1 items 2.1, 8.1), 30/2000 s. 12(1)(i)(i)(ii), 49/2019 s. 186 (Sch. 4 item 45.5(a)(c)).\n\n(i) the filling up by the Head, Transport for Victoria of any excavation made by any person on land the property of the Head, Transport for Victoria;\n\nS. 56(1)(j) amended by Nos 44/1989 s. 40(Sch. 1 items 2.1, 8.1), 57/1989 s. 3(Sch. item 202.3), 30/2000 s. 12(1)(j)(i)(ii), 49/2019 s. 186 (Sch. 4 item 45.5(a)(c)).\n\n(j) the recovery by the Head, Transport for Victoria in the Magistrates' Court from the persons responsible of expenses incurred by the Head, Transport for Victoria in removing refuse, rubbish or material placed on land or premises the property of the Head, Transport for Victoria or in filling up any excavation made by any person on land the property of the Head, Transport for Victoria in contravention of regulations made under this Part;\n\nS. 56(1)(k) amended by Nos 44/1989 s. 40(Sch. 1 item 2.1), 98/1998 s. 26(1)(c), 30/2000 s. 12(1)(k), 19/2010 s. 73(j), 61/2011 s. 25(Sch. 2 item 5.2), 49/2019 s. 186 (Sch. 4 item 45.5(a)(b)).\n\n(k) regulating and controlling noise and other emissions from Southern Cross Station or land the property of the Head, Transport for Victoria or Rail Track or under the control of the Secretary or the Head, Transport for Victoria or of a passenger transport company or rail freight operator and the manner of recording and measuring any noise or emission and the instruments to be used therefor;\n\nS. 56(1)(l) amended by No. 10189 s. 6(Sch. 1 item 8).\n\n(l) 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 other than dangerous goods within the meaning of the **Dangerous Goods Act 1985** where that Act deals with their carriage or delivery for carriage;\n\nS. 56(1)(m) amended by No. 10189 s. 6(Sch. 1 item 9).\n\n(m) the requirements to be observed and the precautions to be taken in connexion with the carriage or delivery for carriage of dangerous goods other than dangerous goods within the meaning of the **Dangerous Goods Act 1985** where that Act deals with their carriage or delivery for carriage;\n\nS. 56(1)(ma) inserted by No. 120/1993 s. 65(1), amended by Nos 98/1998 s. 26(1)(d), 30/2000 s. 12(1)(l), 19/2010 s. 73(k).\n\n(ma) prohibiting entry onto Southern Cross Station or any specified land or premises the property of a passenger transport company or Rail Track by persons not holding a ticket authorising that entry;\n\nS. 56(1)(n) repealed by No. 95/2005 s. 34(3).\n\nS. 56(1)(o) amended by No. 100/1986 s. 7(a), repealed by No. 95/2005 s. 34(3).\n\n(p) regulating the disposal of unclaimed goods and the passing of title therein;\n\n(q) 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\n\nS. 56(1)(r) amended by Nos 44/1989 s. 40(Sch. 1 item 2.1), 98/1998 s. 26(1)(e)(i)(ii), 45/1999 s. 20(1)(c), 30/2000 s. 12(1)(m), 49/2019 s. 186(Sch. 4 item 45.5(a)).\n\n(r) generally prescribing any matter or thing that by this Part or Division 4, 4AA or 4A of Part VII 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 Division 4, 4AA or 4A of Part VII or giving effect to the powers conferred on a passenger transport company, Rail Track or the Head, Transport for Victoria by this Part or on the Secretary by Division 4, 4AA or 4A of Part VII.\n\n(2) The Governor in Council may make regulations for or with respect to—\n\n(a) regulating or prohibiting the digging up of any road;\n\nS. 56(2)(b) amended by Nos 44/1989 s. 40(Sch. 1 item 17), 49/2019 s. 186(Sch. 4 item 45.6(a)).\n\n(b) prohibiting the driving, drawing or carrying over any road of a greater mass than that fixed by the Secretary;\n\n(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;\n\nS. 56(2)(d) amended by No. 10087 s. 3(1)(Sch. 1 item 272).\n\n(d) prohibiting the discharge onto any road of sewage or drainage;\n\n(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;\n\n(f) regulating or prohibiting the making of any building, hedge, ditch, fence, hole, heap, drain or obstruction on, across or in any road;\n\n(g) keeping any road clear from all seedlings, suckers and other off-sets from any hedge or live fence and preventing any branch thereof from overhanging the road;\n\n(h) 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;\n\n(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;\n\n(j) prohibiting or regulating excavating and blasting operations in the vicinity of any road;\n\n(k) prohibiting or regulating the removal of grass growing on any road or the seed of such grass;\n\nS. 56(2)(l) amended by Nos 44/1989 s. 40(Sch. 1 item 17), 49/2019 s. 186(Sch. 4 item 45.6(b)).\n\n(l) 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 Head, Transport for Victoria;\n\nS. 56(2)(m) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 120.6), 44/1989 s. 40(Sch. 1 item 17), 49/2019 s. 186(Sch. 4 item 45.6(b)).\n\n(m) conferring upon the Head, Transport for Victoria with respect to roads any right, power, protection, privilege or obligation relating to the construction, improvement or maintenance of roads conferred upon a municipal council by any Act relating to local government;\n\n(n) impounding cattle which are on any part of any State highway, main road, freeway, tourists' road or metropolitan bridge;\n\nS. 56(2)(o) amended by Nos 44/1989 s. 40(Sch. 1 item 17), 49/2019 s. 186(Sch. 4 item 45.6(b)).\n\n(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 Head, Transport for Victoria or, in any case where the Head, Transport for Victoria has failed or refused so to consent, of the Governor in Council;\n\n(p) the manner of entering, crossing or leaving any freeway;\n\n(q) prohibiting or regulating the taking or entering or being upon any freeway of any animal;\n\nS. 56(2)(r) amended by Nos 44/1989 s. 40(Sch. 1 items 2.1, 17), 106/1997 s. 25, 54/2001 s. 25(Sch. item 1.34), 6/2010 s. 199(3)  \n(Sch. 3 item 12.1), 49/2019 s. 186(Sch. 4 item 45.6(b)).\n\n(r) the removal of dead animals or of vehicles abandoned or left standing on any land or premises the property of the Head, Transport for Victoria or on any part of a declared road or any other road maintained by the Head, Transport for Victoria and the recovery of the cost of their removal and regulating the storage and disposal of such vehicles and the passing of title therein and providing for the recovery of the cost of their storage and disposal;\n\n(s) permitting or prohibiting the use of freeways or any freeway or any class of freeways by traffic or any class of traffic;\n\n(t) prohibiting or regulating the parking of vehicles on freeways or any freeway or any class of freeways;\n\n(u) generally providing for the control, management and proper use of freeways;\n\nS. 56(2)(v)–(y) repealed by No. 12/2004 s. 137(9).\n\nS. 56(2)(ya) inserted by No. 100/1986 s. 7(b), repealed by No. 12/2004 s. 137(9).\n\n(z) regulating the use of roadside reserves and requiring such charges as are approved by the Minister to be paid by persons using roadside reserves or facilities on roadside reserves.\n\n(3) Regulations made under this Part—\n\n(a) may be of general or of specially limited application;\n\n(b) may differ according to differences in time, place or circumstance;\n\nS. 56(3)(c) amended by Nos 44/1989 s. 40(Sch. 1 item 3.1(a)), 30/2000 s. 12(2)(a), 35/2014 s. 42(2), 49/2019 s. 186(Sch. 4 item 45.7(a)).\n\n(c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Head, Transport for Victoria or any government department, municipal council or other public authority or by any officer thereof or, in the case of regulations relating to subsection (1)(ga), by a passenger transport company or by any officer thereof;\n\nS. 56(3)(d) amended by Nos 45/1987 s. 205(Sch. item 139), 44/1989 s. 40(Sch. 1 item 3.1(a)), 98/1998 s. 26(2)(a), 45/1999 s. 20(2)(a), 30/2000 s. 12(2)(b), 49/2019 s. 186(Sch. 4 item 45.7(a)).\n\n(d) may confer powers or impose duties in connexion with the regulations on the Head, Transport for Victoria or passenger transport company or bus company or any government department, municipal council, responsible authority under the **Planning and Environment Act 1987** 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;\n\n(e) may apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act, as in force at a particular time or as in force from time to time;\n\nS. 56(3)(f) amended by Nos 44/1989 s. 40(Sch. 1 items 3.1(b), 8.1), 98/1998 s. 26(2)(b), 45/1999 s. 20(2)(b), 30/2000 s. 12(2)(c)(i)(ii), 49/2019 s. 186(Sch. 4 item 45.7(b))[[3]](#endnote-4).\n\n(f) may appoint fees which may be charged and received by the Head, Transport for Victoria or passenger transport company or bus company for any permit which may be granted under the regulations by the Head, Transport for Victoria, that passenger transport company or bus company;\n\nS. 56(3)(g) amended by Nos 9/1987 s. 9(Sch. 3 item 18.1), 44/1989 s. 40(Sch. 1 item 2.1), substituted by No. 52/1998  \ns. 311(Sch. 1 item 96.2), amended by Nos 30/2000 s. 12(2)(d), 49/2019 s. 186(Sch. 4 item 45.7(c)).\n\n(g) may provide that an application may be made to the Tribunal for review of a decision of the Head, Transport for Victoria or for a declaration concerning the validity of any such decision; and\n\nS. 56(3)(h) amended by No. 120/1993 s. 66(1).\n\n(h) may impose a penalty not exceeding 20 penalty units for any contravention of or failure to comply with the regulations.\n\nS. 56(3A) inserted by No. 98/1998 s. 26(3).\n\n(3A) A reference in subsection (1) to—\n\n(a) a passenger transport company is a reference to such a company only in its capacity as a provider of a passenger service; and\n\nS. 56(3A)(ab) inserted by No. 45/1999 s. 20(3).\n\n(ab) a bus company is a reference to such a company only in its capacity as a provider of transport services; and\n\n(b) a rail freight operator is a reference to such an operator only in its capacity as an operator of rail freight services—\n\nand regulations cannot be made under that subsection that have any effect in relation to such a company or operator in the performance by it of any other function or the exercise by it of any other power.\n\n(4) A reference in subsection (2)—\n\n(a) to a road includes a road under construction; and\n\nS. 56(4)(b) amended by Nos 44/1989 s. 40(Sch. 1 items 2.1, 17), 30/2000 s. 12(4), 49/2019 s. 186(Sch. 4 item 45.8).\n\n(b) to land the property of the Head, Transport for Victoria includes land taken or used by the Head, Transport for Victoria on which a highway is proposed to be or is being constructed.\n\nS. 56(5) amended by No. 81/1990 s. 4,  \nrepealed by No. 120/1993 s. 66(2),  \nnew s. 56(5) inserted by No. 95/2005 s. 34(4).\n\n(5) A reference to parking in subsection (1)(ga) includes a reference to leaving a vehicle standing.\n\nS. 56(6) inserted by No. 9984 s. 5(f), repealed by No. 100/1986 s. 3(22).\n\nS. 56A inserted by No. 107/1995 s. 122, amended by Nos 50/1998 s. 48, 102/1998 s. 38, 81/2000 s. 45(1)(2), repealed by No. 12/2004 s. 137(10).\n\nS. 56B inserted by No. 50/1998 s. 49, amended by No. 81/2000 s. 45(3), repealed by No. 12/2004 s. 137(10).\n\nS. 57  \ninserted by No. 19/2010 s. 74.\n\n","sortOrder":23},{"sectionNumber":"57","sectionType":"section","heading":"Declaration of Southern Cross Station for purposes of regulations","content":"\t57 Declaration of Southern Cross Station for purposes of regulations\n\n(1) The Governor in Council may, by notice published in the Government Gazette, declare a part of the Southern Cross Station precinct to be the Southern Cross Station.\n\n(2) A declaration under subsection (1) may be by reference to a map.\n\nPart IV—Financial\n\nPt 4 Div. 1 (Heading and ss 57–67) amended by Nos 10087 s. 3(1)(Sch. 1 item 273), 100/1986 s. 3(22), 44/1989 s. 40(Sch. 1 items 1, 2.1, 6.1, 6.3, 7.1, 7.3–7.5, 8.1, 10–13), 31/1994 s. 4(Sch. 2 item 93), 75/1994 s. 20, 46/1998 s. 7(Sch. 1), 11/2001 s. 3(Sch. item 80.1), 54/2001 s. 25(Sch. items 1.35–1.58) (as amended by No. 32/2002 s. 24(b)(i)), repealed by No. 6/2010 s. 199(3)  \n(Sch. 3 item 7).\n\nDivision 2—Borrowing powers\n\nS. 68  \nrepealed by No. 100/1986 s. 3(22).\n\nS. 68A inserted by No. 9984 s. 4(d), amended by Nos 100/1986 s. 3(22), 80/1992 s. 55, 44/1989 s. 23, repealed by No. 54/2001 s. 13.\n\nSs 69–75 repealed by No. 100/1986 s. 3(22).\n\nS. 76 amended by Nos 100/1986 s. 3(19)(22), 44/1989 s. 40(Sch. 1 items 1, 6.1), 18/1994 s. 66(Sch. 2 item 25), 85/1994 s. 6, 46/1998 s. 7(Sch. 1), 11/2001 s. 3(Sch. item 80.2), 54/2001 s. 25(Sch. item 1.59), repealed by No. 6/2010 s. 199(3)  \n\nS. 77 amended by Nos 100/1986 s. 3(22), 44/1989 s. 40(Sch. 1 items 2.1, 8.1), 46/1998 s. 7(Sch. 1), 45/1999 s. 21, 54/2001 ss 15, 16, repealed by No. 6/2010 s. 199(3)  \n\nS. 77A inserted by No. 54/2001 s. 17.\n\n\t77A Power to give a guarantee in relation to a contract assigned by the Secretary\n\n(1) Where—\n\n(a) the rights and liabilities of the former Corporation under the relevant contract have been transferred to or vested in the Secretary on behalf of the Crown, whether by an assignment or an allocation or by any other operation of law; and\n\n(b) those rights and liabilities under that contract are subsequently assigned to another person—\n\nthe Treasurer may give a guarantee, in favour of any person, guaranteeing the due performance of any obligations of the person to whom the rights and liabilities under the relevant contract are assigned, being obligations arising under the relevant contract.\n\n(2) Where—\n\n(a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person; and\n\n(b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under subsection (1)—\n\nthe Treasurer may give a guarantee, in favour of any person, guaranteeing the due performance of any obligations of the second-mentioned person arising under the contract.\n\n(3) Where—\n\n(a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person; and\n\n(b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under subsection (1)—\n\nthe Treasurer may amend any guarantee given by him or her under subsection (1) so that it extends to guaranteeing the due performance of any obligations of the second-mentioned person under the relevant contract.\n\n(4) Any sums required by the Treasurer for fulfilling any guarantee given by him or her under this section must 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 person whose obligations are guaranteed, in respect of any sums so paid by the Treasurer, must be paid into the Consolidated Fund.\n\n(5) In this section ***relevant contract*** means the service contract entered into between the former Corporation and OneLink Transit Systems Pty Ltd ACN 059 733 443 with effect from 24 May 1994 as amended, varied and restated from time to time.\n\nS. 78  \nrepealed by No. 100/1986 s. 3(22).\n\nS. 79 amended by Nos 100/1986 s. 3(22), 46/1998  \ns. 7(Sch. 1), repealed by No. 54/2001 s. 18.\n\nS. 80 substituted by No. 100/1986 s. 3(22), amended by No. 46/1998  \ns. 7(Sch. 1), repealed by No. 54/2001 s. 18.\n\nS. 81 amended by Nos 10087 s. 3(1)(Sch. 1 item 274), 44/1989 s. 40(Sch. 1 items 2.1, 4, 7.1, 8.1), 16/1998 s. 10(1), repealed by No. 54/2001 s. 18.\n\nS. 81A inserted by No. 100/1986 s. 3(20), amended by Nos 44/1989 s. 40(Sch. 1 items 1, 8.1), 46/1998  \ns. 7(Sch. 1), 54/2001 s. 25(Sch. item 1.60), repealed by No. 6/2010 s. 199(3)  \n\nPt 4 Div. 3 (Heading) repealed by No. 29/2011 s. 3(Sch. 1 item 98.3).\n\nPt 4 Div. 3 (Heading and s. 81B) inserted by No. 85/1994 s. 7.\n\nS. 81B inserted by No. 85/1994 s. 7, repealed by No. 54/2001 s. 25(Sch. item 1.61).\n\nPt 5 (Headings and ss 82–85H) repealed by No. 25/2025 s. 83. [[4]](#endnote-5)\n\nPt 6 (Heading) substituted by Nos 30/2007 s. 226, 34/2023 s. 66.\n\nPart VI—Events affecting public transport\n\nDivision 1—General provisions\n\nS. 86 repealed by No. 34/2023 s. 67.[[5]](#endnote-6)\n\nS. 87 amended by Nos 127/1986 s. 102(Sch. 4 item 28.3), 79/1991 ss 3(2)(a)‒(e), 4(2), 120/1993 s. 6(1)(2), repealed by No. 63/2017 s. 21(Sch. 1 item 10.5.)\n\nS. 88 repealed by No. 34/2023 s. 68.\n\nS. 89 amended by Nos 44/1989 s. 25, 120/1993 s. 7, 60/1994 s. 11, 17/1995 s. 24(b), No. 30/2000 s. 15, 47/2006 s. 31(1)(Sch. 1 Pt 1 item 2), 34/2011 s. 10, 61/2011 s. 25(Sch. 1 item 13.6), repealed by No. 63/2017 s. 21(Sch, 1 item 10.6).\n\nS. 90 amended by No. 71/2006 s. 4 (ILA s. 39B(1)).\n\n","sortOrder":24},{"sectionNumber":"90","sectionType":"section","heading":"No compensation payable","content":"\t90 No compensation payable\n\n(1) 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—\n\nS. 90(a) amended by No. 79/1991 s. 4(3).\n\n(a) to grant, issue, renew, reject, cancel, suspend or revoke any licence, certificate, permit, consent, assignment or other authority under this Part;\n\nS. 90(b) amended by No. 79/1991 s. 4(3).\n\n(b) to add, alter or vary any condition or term of or attached to any licence, certificate, permit, consent, assignment or other authority under this Part; or\n\n(c) to alter the route or area in respect of which any licence has been granted under this Part.\n\nS. 90(2) inserted by No. 71/2006 s. 4, repealed by No. 34/2023 s. 68.\n\nS. 91 amended by No. 34/2003 s. 3, repealed by No. 95/2005 s. 44.\n\nPt 6 Div. 2 (Heading and ss 92–97) amended by Nos 10087 s. 3(1)(Sch. 1 item 276 (a)(b)), 111/1986 s. 180(2) (Sch. 2 item 2(a)), repealed by No. 127/1986 s. 102(Sch. 4 item 28.4), new Pt 6 Div. 2 (Heading and ss 92–102) inserted by No. 60/1994 s. 12, amended by Nos 7/1995 s. 5, 58/1995 s. 20, 100/1995 ss 60, 61, 28/1996 ss 4(j), 6(1), 7, 16(1)(b), 52/1998 s. 311(Sch. 1 item 96.3), 14/2000 ss 31–33, 30/2000 ss 16, 17, 54/2001 s. 25(Sch. item 1.62), 94/2001  \nss 4–17, 34/2003 s. 13(b)(c), 94/2003 ss 28(1)–(13), 29–32, 49/2004 s. 47, 108/2004 s. 117(1) (Sch. 3 item 208.1), repealed by No. 9/2006 s. 119.\n\nPt 6 Div. 3 (Heading and ss 98–118) amended by Nos 111/1986 s. 180(2)  \n(Sch. 2 item 2(b)–(g)), 32/1988 s. 36, repealed by No. 127/1986 s. 102(Sch. 4 item 28.4), new Pt 6 Div. 3 (Heading and ss 103–129Y) inserted by No. 28/1996  \ns. 3, amended by Nos 52/1998 s. 311(Sch. 1 items 96.4, 96.5), 65/2000 ss 3–5, 44/2001 s. 3(Sch. item 115.2), 94/2001 ss 18–20, 32/2002 s. 7, 34/2003 ss 4, 5, 94/2003 s. 28(14), 101/2003 s. 3, 49/2004 s. 48, 110/2004 ss 46, 47, 19/2005 s. 11(3), repealed by No. 9/2006 s. 119[[6]](#endnote-7).\n\nPt 6 Div. 4 repealed[[7]](#endnote-8).\n\nPt 6 Div. 5 (Heading) repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 138 amended by Nos 127/1986 s. 102(Sch. 4 item 28.6), 44/1989 s. 40(Sch. 1 item 6.2), 60/1994 s. 15(1), 69/2003 s. 68, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 138A inserted by No. 60/1994 s. 14, amended by Nos 17/1995 s.19(2), 58/1995 s. 22, repealed by No. 37/1996  \ns. 9(2).\n\nS. 139 amended by Nos 44/1989 s. 40(Sch. 1 item 6.2), 60/1994 s. 15(1), 68/1995 s. 43(1)(2), 54/2001 s. 27, 110/2004 s. 48(1)(2), 71/2006 s. 5, 13/2009 s. 92(6)(7) (as amended by No. 6/2010 s. 203(1)(Sch. 6 item 4.5)), 43/2013 s. 4, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 140 amended by Nos 100/1986 s. 9(a)(b), 120/1993 s. 9, 60/1994 s. 15(1), 43/2013 s. 5, 35/2017 s. 22, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 141 amended by Nos 127/1986 s. 102(Sch. 4 item 28.7), 44/1989 s. 40(Sch. 1 items 5, 8.3, 8.4, 15, 21), 60/1994 s. 16(1)(2), 37/1996 s. 9(3), 32/2002 s. 8(a), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 3), 61/2011 s. 25(Sch. 1 item 13.6), repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 141A inserted by No. 10220 s. 5(1)(b), repealed by No. 32/2002 s. 8(b).\n\nS. 141B inserted by No. 120/1993 s. 10, amended by Nos 58/1995 s. 23, 32/2002 s. 8(c), repealed by No. 35/2017 s. 23.\n\nS. 142 amended by Nos 10220 s. 5(1)(c), 100/1986 s. 10(a)–(d), 44/1989 s. 40(Sch. 1 items 8.3, 8.4, 13), 120/1993 s. 11(1)–(7), 58/1995 s. 24, substituted by No. 32/2002 s. 9,  \namended by Nos 95/2005 s. 35, 43/2013 s. 6, 35/2017 ss 24, 25, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 142A inserted by No. 43/2013 s. 7, repealed by No. 35/2017 s. 26.\n\nS. 143 amended by Nos 10220 s. 5(1)(d), 12/1989 s. 4(1)(Sch. 2 item 120.7), 44/1989 s. 40(Sch. 1 items 8.3, 8.4, 22), 120/1993 s. 12(1)(2), 60/1994 s. 15(1), 37/1996 s. 9(4), 54/2001 s. 25(Sch. item 1.63), 32/2002 s. 10, 71/2006 s. 6, 43/2013 s. 8, 35/2017 s. 27, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 143AAA inserted by No. 35/2017 s. 28,  \n\nS. 143AA inserted by No. 43/2013 s. 9, expired by force of No. 9921 s. 143AA(5).\n\nS. 143AB inserted by No. 43/2013 s. 9,  \n\nS. 143A inserted by No. 100/1986 s. 11(1), amended by Nos 44/1989 s. 40(Sch. 1 item 6.2), 60/1994 s. 15(1), 99/1998 s. 4, 71/2006 s. 7, 43/2013 s. 10, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 143B inserted by No. 100/1986 s. 11(1), repealed by No. 99/1998 s. 5, new s. 143B inserted by No. 43/2013 s. 11 (as amended by No. 35/2014 s. 47), repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 143C inserted by No. 120/1993 s. 13, amended by Nos 60/1994 s. 15(1), 52/1998 s. 311(Sch. 1 items 96.6, 96.7),  \n\nS. 143D inserted by No. 101/2003 s. 4, amended by No. 43/2013 s. 12,  \n\nS. 144 amended by Nos 100/1986 s. 12, 44/1989 s. 40(Sch. 1 items 5, 8.3, 8.4), 120/1993 s. 14(1)(a)‒(c) (2)‒(4)(a)(b), 60/1994 ss 15(1), 16(3), 28/1996 s. 4(k), 37/1996 s. 9(5), 99/1998 s. 6, 32/2002 s. 10(4)(5), 19/2010 ss 27, 75, 43/2013 ss 13 (as amended by No. 35/2014 s. 48), 24 (as amended by No. 35/2014 s. 50), 35/2017 s. 29, 63/2017 s. 21(Sch. 1 item 10.8), repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 144A inserted by No. 32/2002 s. 11, amended by Nos 19/2010 s. 76, 34/2011 s. 15, repealed by No. 43/2013 s. 25.\n\nSs 144B, 144C inserted by No. 43/2013 s. 26, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 144D inserted by No. 43/2013 s. 26, amended by No. 35/2017 s. 44, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nSs 144E‒  \n144K inserted by No. 43/2013 s. 26, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 145 amended by Nos 100/1986 s. 13, 44/1989 s. 40(Sch. 1 item 8.4), 60/1994 s. 15(1), repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 146 amended by Nos 100/1986 s. 14(a)–(c) (as amended by No. 44/1989 s. 39(2)(a)), (d)(e), 44/1989 s. 40(Sch. 1 items 6.2, 13), 120/1993 s. 15(1)‒(6), 60/1994 s. 15(1)(2), 58/1995 s. 25, 32/2002 s. 12(a), 43/2013 s. 14, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 146AAA inserted by No. 43/2013 s. 15, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 146AA inserted by No. 99/1998 s. 7, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 146A inserted by No. 100/1986 s. 15, amended by Nos 44/1989 s. 40(Sch. 1 item 6.2), 120/1993 s. 16, 60/1994 s. 15(1), repealed by No. 32/2002 s. 12(b).\n\nS. 146B inserted by No. 100/1986 s. 15, amended by Nos 44/1989 s. 40(Sch. 1 item 6.2), 60/1994 s. 15(1), repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 146C inserted by No. 120/1993 s. 17, amended by Nos 60/1994 s. 15(1), 52/1998 s. 311(Sch. 1 items 96.8, 96.9), 43/2013 s. 16, 35/2014 s. 28, 35/2017 s. 30, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 147(1)(2) amended by No. 44/1989 s. 40(Sch. 1 item 6.2), repealed by No. 120/1993 s. 18(a).\n\nS. 147(3) amended by No. 120/1993 s. 18(b), repealed by No. 68/1995 s. 43(3).\n\nS. 147A inserted by No. 100/1986 s. 16, amended by Nos 44/1989 s. 40(Sch. 1 item 6.2), 120/1993 s. 19(1)(2), 60/1994 ss 15(1), 17(1), 17/1995 s. 20(1)(2), 106/1997  \ns. 21(3), 30/2007 s. 228, 43/2013 s. 17, 35/2017 s. 31, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 147B inserted by No. 100/1986 s. 16, amended by Nos 44/1989 s. 40(Sch. 1 item 6.2), 120/1993 s. 20(1)(2), 60/1994 ss 15(1), 17(2), 17/1995 ss 20(3)(4), 21(2), 106/1997 ss 5, 21(4), 102/1998 s. 39(5), 32/2002 s. 23(a), 47/2006 s. 9, 71/2006 s. 8, 30/2007 s. 229, 43/2013 s. 18, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 148 amended by No. 44/1989 ss 39(1)(c), 40(Sch. 1 items 5, 8.3, 8.4),  \nrepealed by No. 120/1993 s. 21.\n\nS. 149 amended by Nos 100/1986 s. 17(1)(a)‒(d), 44/1989 s. 40(Sch. 1 items 5, 8.3, 8.4), 120/1993 s. 22(1)(2), 60/1994 s. 15(1), 54/2001 s. 25(Sch. item 1.64), 101/2003 s. 5(1), 110/2004 s. 49, 47/2006 s. 31(1)(Sch. 1 Pt 1 item 4), 71/2006 s. 9, 26/2009 s. 3, 34/2011 s. 16, 43/2013 s. 19(2), 35/2014 s. 29, 35/2017 ss 32, 53, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 150 amended by Nos 44/1989 s. 40(Sch. 1 item 6.2), 120/1993 s. 23(1)(2), 60/1994 s. 15(1), 99/1998 s. 8, 101/2003 s. 5(2), 110/2004 s. 50, 47/2006 s. 31(1)(Sch. 1 Pt 1 item 5), 71/2006 ss 10, 15, 34/2011 s. 17, 43/2013 s. 20, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 150A inserted by No. 101/2003 s. 6 (as amended by No. 110/2004 s. 57), repealed by No. 35/2017 s. 54.\n\nS. 151 amended by Nos 44/1989 s. 40(Sch. 1 item 6.2), 120/1993 s. 24(1), 60/1994 s. 15(1), repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 152 amended by Nos 44/1989 s. 40(Sch. 1 item 6.2), 120/1993 s. 24(2)(a)(b), 60/1994 s. 15(1), repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 153 amended by Nos 44/1989 s. 40(Sch. 1 item 6.2), 120/1993 s. 25, 60/1994 s. 15(1), 52/1998  \ns. 311(Sch. 1 items 96.10, 96.11), repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 154 amended by Nos 44/1989 s. 40(Sch. 1 item 6.2), 120/1993 s. 26, 60/1994 s. 15(1), repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 155 amended by Nos 127/1986 s. 102(Sch. 4 item 28.8), 44/1989 s. 40(Sch. 1 item 6.2), 120/1993 s. 27, 37/1996 s. 9(6), 30/2007 s. 230, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 156 amended by Nos 44/1989 s. 40(Sch. 1 item 6.2), 120/1993 s. 28(1)(2), 60/1994 s. 15(1), 68/1995 s. 44, 106/1997 s. 23, 99/1998 s. 9, 34/2003 s. 6, 110/2004 s. 48(3), repealed by No. 47/2006 s. 10.\n\nS. 156A inserted by No. 71/2006 s. 11 (as amended by No. 69/2007 s. 83), amended by Nos 43/2013 s. 21, 35/2014 s. 30, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 157 amended by Nos 100/1986 s. 18, 127/1986 s. 102(Sch. 4 item 28.9), 44/1989 s. 40(Sch. 1 item 6.2), 57/1989 s. 3(Sch.  \nitems 202.4, 202.5), 120/1993 s. 29(1)‒(3), 60/1994 ss 15(1), 18, 52/1998 s. 311 (Sch. 1 items 96.12‒96.14), 65/2000 s. 6, 34/2003 s. 7, 47/2006 s. 11, No. 43/2013 s. 27, 35/2017 s. 51, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 157A inserted by No. 34/2003 s. 8, repealed by No. 47/2006 s. 12, new s. 157A inserted by No. 43/2013 s. 22, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 157B inserted by No. 34/2003 s. 8, repealed by No. 47/2006 s. 12.\n\nS. 158 amended by No. 68/2009 s. 97(Sch. item 124.7), repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 158A inserted by No. 99/1998 s. 10, substituted by No. 69/2007 s. 10, amended by Nos 6/2010 s. 199(3)  \n(Sch. 3 item 9.6), 34/2011 s. 18, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nSs 158AA‒ 158AC inserted by No. 19/2010 s. 28, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 158B inserted by No. 32/2002 s. 13, amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 6), 69/2007 s. 11, 34/2011 s. 19, 43/2013 s. 46, 37/2014 s. 10(Sch. item 171.2), repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 158C inserted by No. 32/2002 s. 13, amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 7), 34/2011 s. 20, 43/2013 s. 46(1), 60/2014 s. 140(Sch. 3 item 46.2), repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 158D inserted by No. 43/2013 s. 47, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 159 amended by No. 68/2009 s. 97(Sch. items 124.8, 124.9), repealed by No. 33/2016 s. 3.\n\nS. 160 amended by Nos 120/1993 s. 30(1)(2), 99/1998 s. 11, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 161 repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nS. 162 amended by Nos 100/1986 s. 19(a)‒(g), 44/1989 ss 39(1)(d), 40(Sch. 1 item 6.2), 120/1993 s. 31(1) (a)‒(d)(2), 60/1994 ss 15(1), 19, 58/1995 s. 26, 68/1995 s. 43(4), 52/1998  \ns. 311(Sch. 1 item 96.15) (as amended by No. 101/1998 s. 22(1)(o)), 32/2002 s. 14, 101/2003 s. 7, 110/2004 s. 51, 47/2006 ss 13, 31(1)(Sch. 1 Pt 1 item 8), 71/2006 s. 12, 69/2007 s. 12, 26/2009 s. 4, 34/2011 s. 21, 43/2013 s. 52(2), 35/2017 s. 55, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nPt 6 Div. 5A (Heading  \nand ss  \n162A–162E) inserted by No. 43/2013 s. 28(1) (as amended by No. 35/2014 s. 51), repealed by No. 63/2017 s. 21(Sch. 1 item 10.8).\n\nPt 6 Div. 5AB (Heading and ss 162EA–162ED) inserted by No. 43/2013 s. 28(1) (as amended by No. 35/2014 s. 51), amended by No. 35/2017 s. 45, repealed by No. 63/2017 s. 21(Sch. 1 item 10.8).\n\nPt 6 Div. 5B (Heading and ss 162F–162I) inserted by No. 43/2013 s. 28(2), repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nPt 6 Div. 5C (Headings  \nand ss  \n162J–162U) inserted by No. 43/2013. s. 32 (as amended by No. 35/2014 s. 52), amended by No. 16/2017 ss 24‒28, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7).\n\nPt 6 Div. 6 (Heading and ss 163–169Z) repealed by No. 34/2023 s. 69.[[8]](#endnote-9)\n\nPt 6 Div. 6A (Headings and ss 169ZA–169ZI) inserted by No. 35/2014 s. 35, amended by No. 35/2017 ss 33, 46, repealed by No. 63/2017 s. 21(Sch. 1 item 10.21).\n\nPt 6 Div. 7 (Heading and ss 167–170) amended by Nos 44/1989  \ns. 40(Sch. 1 item 6.2), 37/1996  \ns. 9(10)–(12), repealed by No. 106/1997 s. 22(1), new Pt 6 Div. 7 (Heading and ss 170, 171) inserted by No. 43/2013 s. 48, repealed by No. 63/2017 s. 21(Sch. 1 item 10.21).\n\nPt 6 Div. 8 repealed by No. 30/2007 s. 231.[[9]](#endnote-10)\n\nPt 6 Div. 9 (Heading and ss 186–197) amended by Nos 10087  \ns. 3(1)(Sch. 1 items 281, 282), 100/1986 s. 40(a)(b), 127/1986  \ns. 102(Sch. 4 item 28.12), 44/1989  \ns. 40(Sch. 1 item 6.2), 120/1993  \nss 47–54, repealed by No. 16/1998  \ns. 8, new Pt 6 Div. 9 (Heading and ss 186–191) inserted by No. 32/2002 s. 20, amended by Nos 30/2007 s. 232, 28/2009 s. 87, 34/2011 ss 52–57, 40/2011 s. 22, repealed by No. 43/2013 s. 29.\n\nPt 6 Div. 9A (Headings and ss 191A–191ZE) inserted by No. 34/2011 s. 58, amended by Nos 34/2011 s. 124 (as amended by No. 43/2013 s. 45), 61/2011 s. 25(Sch. 1 item 13.7), 43/2013 s. 49, 35/2014 s. 36, 37/2014 s. 10(Sch. item 171.3), 35/2017 ss 61‒65, repealed by No. 63/2017 s. 21(Sch. 1 item 10.21).\n\nPt 6 Div. 10 (Heading and ss 198–207) amended by Nos 10087 s. 3(1)(Sch. 1 item 283 (a)(b)), 10220 ss 11(2), 12, 13(1)–(6) (7)(b)–(f), 52/1988 s. 161(Sch. 6 items 14.4, 14.5), 12/1989 s. 4(1)(Sch. 2 item 120.8), 44/1989 s. 40(Sch. 1 item 6.2), 57/1989 s. 3(Sch. 1 item 202.8), 81/1989 s. 3(Sch. item 53.2), repealed by No. 6/1999 s. 8, new Pt 6 Div. 10 (Heading and ss 192–204) inserted by No. 110/2004 s. 53.\n\n","sortOrder":25},{"sectionNumber":"Div 10","sectionType":"division","heading":"Events affecting public transport","content":"Division 10—Events affecting public transport\n\nNew s. 192 inserted by No. 110/2004 s. 53.\n\n","sortOrder":26},{"sectionNumber":"192","sectionType":"section","heading":"Meaning of *event* and *organiser*","content":"\t192 Meaning of *event* and *organiser*\n\n(1) In this Division, an ***event*** is a gathering of people for a common purpose or purposes that is organised by a person or body.\n\n(2) For the purposes of this Division, the ***organiser*** of an event is the person or body that is primarily responsible for organising the event.\n\nNew s. 193 inserted by No. 110/2004 s. 53.\n\n","sortOrder":27},{"sectionNumber":"193","sectionType":"section","heading":"Events to which this Division applies","content":"\t193 Events to which this Division applies\n\nThis Division only applies to an event if it is reasonable to expect that the event will require the deviation, delay, replacement, supplementation or cancellation of a regular public transport service provided by a passenger transport company or a bus company.\n\nNew s. 194 inserted by No. 110/2004 s. 53.\n\n","sortOrder":28},{"sectionNumber":"194","sectionType":"section","heading":"Meaning of *regular public transport service*","content":"\t194 Meaning of *regular public transport service*\n\nFor the purposes of this Division, a public transport service is regular if it is scheduled to occur on a regular basis at fixed times or frequencies on fixed routes.\n\nNew s. 195 inserted by No. 110/2004 s. 53.\n\n","sortOrder":29},{"sectionNumber":"195","sectionType":"section","heading":"Organiser must give notice of proposed event","content":"\t195 Organiser must give notice of proposed event\n\nS. 195(1) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.10).\n\n(1) The organiser of an event must notify the Head, Transport for Victoria that the event is to be held—\n\n(a) in the case of an event that is reasonably expected to attract an attendance of no more than 10 000 people, at least 120 days before the event starts, if the date of the event is set or known by the organiser at least 120 days before the event is to start; or\n\n(b) in the case of an event that is reasonably expected to attract an attendance of more than 10 000 people, at least 150 days before the event starts, if the date of the event is set or known by the organiser at least 150 days before the event is to start; or\n\n(c) as soon as is practicable after the date of the event is set or known by the organiser, if that date is only set or known less than 120 or 150 days (as the case may be) before the event is to start.\n\n(2) The notification of the event—\n\n(a) must be made in writing; and\n\nS. 195(2)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.10).\n\n(b) must contain a description of the event and any other details required by the Head, Transport for Victoria by notice published in the Government Gazette.\n\nS. 196 (Heading) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.11).\n\nNew s. 196 inserted by No. 110/2004 s. 53, amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.12).\n\n","sortOrder":30},{"sectionNumber":"196","sectionType":"section","heading":"The Head, Transport for Victoria may ask that a public transport plan be submitted","content":"\t196 The Head, Transport for Victoria may ask that a public transport plan be submitted\n\nAfter receiving notification of an event, the Head, Transport for Victoria may, after consultation with each municipal council in whose municipal district the event is to be held, ask the organiser of the event to submit a public transport plan for the event to the Head, Transport for Victoria.\n\nNew s. 197 inserted by No. 110/2004 s. 53.\n\n","sortOrder":31},{"sectionNumber":"197","sectionType":"section","heading":"Public transport plans","content":"\t197 Public transport plans\n\n(1) A public transport plan is a document that identifies the impact an event is expected to have on regular public transport services and that sets out—\n\n(a) the measures by which it is proposed to mitigate that impact; and\n\n(b) any proposals to modify the affected services to provide for any additional public transport needs generated by the event.\n\n(2) Without limiting the generality of subsection (1), a public transport plan must address the following issues arising from the event to the extent that they contribute to the impact of the event on public transport—\n\n(a) the management of vehicular traffic;\n\n(b) the management of the movement of pedestrians;\n\n(c) the provision of public transport services;\n\n(d) the safety of people in relation to public transport services;\n\n(e) the provision of access by emergency services to, or through the area affected by, the event;\n\n(f) the maintenance of access to public transport services from properties in, or next to, the area affected by the event;\n\n(g) the existence, or provision, of parking facilities.\n\nNew s. 198 inserted by No. 110/2004 s. 53.\n\n","sortOrder":32},{"sectionNumber":"198","sectionType":"section","heading":"Preparation of public transport plans","content":"\t198 Preparation of public transport plans\n\nS. 198(1) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.13).\n\n(1) If the organiser of an event is asked by the Head, Transport for Victoria to prepare a public transport plan for the event, the organiser must—\n\n(a) advise all affected passenger transport companies and bus companies of the event and its expected impact, and seek proposals from them as to how to deal with that impact; and\n\n(b) in the light of those proposals, attempt to negotiate an agreement with those companies on how to deal with that impact; and\n\n(c) consult, in respect of the plan, with—\n\n(i) all affected municipal councils; and\n\nS. 198(1)(c)(ii) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.13).\n\n(ii) if asked by the Head, Transport for Victoria, with the Head, Transport for Victoria.\n\n(2) If the organiser of an event seeks a proposal from a passenger transport company or bus company under subsection (1), the company must take all reasonable steps to provide a reasonable proposal and must attempt to negotiate an agreement with the organiser as to how to deal with the impact of the event on its regular public transport services.\n\nNew s. 199 inserted by No. 110/2004 s. 53.\n\n","sortOrder":33},{"sectionNumber":"199","sectionType":"section","heading":"By when public transport plans to be submitted","content":"\t199 By when public transport plans to be submitted\n\nS. 199(1) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.14).\n\n(1) If asked to provide a public transport plan to the Head, Transport for Victoria under this Division, an event organiser must submit the plan to the Head, Transport for Victoria—\n\nS. 199(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.14).\n\n(a) if notification of the event was given to the Head, Transport for Victoria under section 195(1)(a) or 195(1)(b), at least 60 days before the event is to start; or\n\nS. 199(1)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.14).\n\n(b) if notification of the event was given to the Head, Transport for Victoria under section 195(1)(c), by the date specified by the Head, Transport for Victoria.\n\nS. 199(2) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.14).\n\n(2) In specifying a date for the purposes of subsection (1)(b), the Head, Transport for Victoria must ensure, having regard to the time available before the event is to start, that the date specified will enable the organiser to have sufficient time to prepare the plan.\n\nS. 200 (Heading) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.15).\n\nNew s. 200 inserted by No. 110/2004 s. 53.\n\n","sortOrder":34},{"sectionNumber":"200","sectionType":"section","heading":"The Head, Transport for Victoria may impose fee","content":"\t200 The Head, Transport for Victoria may impose fee\n\nS. 200(1) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.16).\n\n(1) The Head, Transport for Victoria may, by notice published in the Government Gazette, set a fee that is to be paid by an event organiser who submits a public transport plan to the Head, Transport for Victoria.\n\nS. 200(2) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.17).\n\n(2) If the Head, Transport for Victoria has set a fee under subsection (1), an event organiser who submits a public transport plan to the Head, Transport for Victoria must pay the fee to the Head, Transport for Victoria.\n\nS. 200(3) amended by Nos 61/2011 s. 25(Sch. 1 item 13.8), 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.18).\n\n(3) If the Head, Transport for Victoria has set a fee under subsection (1), the Head, Transport for Victoria may refuse to consider a public transport plan until the fee payable in relation to the plan has been paid.\n\nNew s. 201 inserted by No. 110/2004 s. 53.\n\n","sortOrder":35},{"sectionNumber":"201","sectionType":"section","heading":"Alternative arrangements if time limited","content":"\t201 Alternative arrangements if time limited\n\nS. 201(1)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.19).\n\n(a) the Head, Transport for Victoria receives notification of an event under section 195(1)(c); and\n\nS. 201(1)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.19).\n\n(b) in the opinion of the Head, Transport for Victoria—\n\n(i) it would be desirable to minimise the impact the event will have on regular public transport services; but\n\n(ii) there is insufficient time to require the organiser of the event to submit a public transport plan for the event.\n\nS. 201(2) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.19).\n\n(2) The Head, Transport for Victoria may require the organiser of the event, for the purpose, in the time available, of minimising the impact the event will have on regular public transport services, or of providing for any additional public transport needs that may be generated by the event, to do all or any of the following—\n\n(a) to liaise with specified passenger transport companies or bus companies; or\n\nS. 201(2)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.19).\n\n(b) to attend meetings organised by the Head, Transport for Victoria; or\n\nS. 201(2)(c) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.19).\n\n(c) to take any other action specified by the Head, Transport for Victoria.\n\nS. 202 (Heading) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.20).\n\nNew s. 202 inserted by No. 110/2004 s. 53.\n\n","sortOrder":36},{"sectionNumber":"202","sectionType":"section","heading":"The Head, Transport for Victoria may waive or reduce time limits","content":"\t202 The Head, Transport for Victoria may waive or reduce time limits\n\nS. 202(1) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.21).\n\n(1) The Head, Transport for Victoria may waive or reduce any time limit referred to in section 195 or 199.\n\nS. 202(2) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.21).\n\n(2) The Head, Transport for Victoria must exercise the power conferred by this section reasonably.\n\nNew s. 203 inserted by No. 110/2004 s. 53.\n\n","sortOrder":37},{"sectionNumber":"203","sectionType":"section","heading":"Approval of public transport plans","content":"\t203 Approval of public transport plans\n\nS. 203(1) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.22).\n\n(1) The Head, Transport for Victoria must approve or not approve a public transport plan that has been submitted to him or her.\n\nS. 203(2) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.22).\n\n(2) In approving a public transport plan, the Head, Transport for Victoria may impose conditions to which his or her approval is subject.\n\nS. 203(3) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.22).\n\n(3) Without limiting the generality of subsection (2), the Head, Transport for Victoria may make the approval of a plan subject to the condition that the event organiser who submitted the plan meet all or part of any net additional costs incurred by the Department or a passenger transport company or bus company as a result of the holding of the event.\n\nNew s. 204 inserted by No. 110/2004 s. 53.\n\n","sortOrder":38},{"sectionNumber":"204","sectionType":"section","heading":"Consequences of a failure to comply with this Division","content":"\t204 Consequences of a failure to comply with this Division\n\n(1) This section applies if an event to which this Division applies is held and the organiser of the event—\n\n(a) fails to comply with section 195; or\n\nS. 204(1)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.23).\n\n(b) fails to submit a public transport plan to the Head, Transport for Victoria after being asked to do so; or\n\n(c) fails to comply with any conditions to which the approval of a public transport plan is subject; or\n\nS. 204(1)(d) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.23).\n\n(d) unreasonably fails to comply with any requirements imposed by the Head, Transport for Victoria under section 201.\n\n(2) This section also applies if an event to which this Division applies is held after—\n\nS. 204(2)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.23).\n\n(a) the Head, Transport for Victoria has refused to approve a public transport plan submitted to the Head, Transport for Victoria in relation to the event; or\n\nS. 204(2)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.23).\n\n(b) a public transport plan is submitted to the Head, Transport for Victoria, but it is not approved either because—\n\n(i) it was not submitted in accordance with this Division; or\n\n(ii) any fee payable in relation to the plan was not paid—\n\nand no such plan approved by the Head, Transport for Victoria exists at the time the event is held.\n\nS. 204(3) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.23).\n\n(3) The Head, Transport for Victoria may recover from the organiser as a debt the whole or part of any net additional costs incurred by the Department or a passenger transport company or bus company as a result of the holding of the event or of the breach of conditions.\n\nS. 204(4) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.23).\n\n(4) If the Head, Transport for Victoria recovers under this section any costs incurred by a passenger transport company or bus company, the Head, Transport for Victoria must remit those costs, less any reasonable costs incurred by the Head, Transport for Victoria in recovering the costs, to the company as soon as is practicable after receiving them.\n\n(5) Except as provided by this section, the organiser of an event is not otherwise liable either criminally or civilly for any failure to comply with this Division.\n\n(6) The organiser of an event is not liable to be stopped from holding the event by way of injunction merely because there has been a failure to comply with this Division in respect of the event.\n\nPt 6A (Headings and ss 205–207O) inserted by No. 26/2025 s. 8.\n\nPart VIA—Vehicle sharing schemes\n\nDivision 1—Interpretation\n\nNew s. 205 inserted by No. 26/2025 s. 8.\n\n","sortOrder":39},{"sectionNumber":"205","sectionType":"section","heading":"Definitions","content":"\t205 Definitions\n\nIn this Part—\n\n***approved category A scheme operator*** means a person who is approved under Division 2;\n\n***authorising agreement*** means an agreement entered into under section 207L;\n\n***bicycle*** has the same meaning as in the **Road Safety Act 1986**;\n\n***category A standards*** means the standards or requirements for a category A vehicle sharing scheme that are prescribed;\n\n***category A vehicle*** means—\n\n(a) an electric scooter; or\n\n(b) a scheme vehicle that is prescribed;\n\n***category A vehicle sharing scheme*** means a scheme under which category A vehicles are—\n\n(a) made available for hire; and\n\n(b) hired, from wherever they are located, through a wholly or partly automated electronic system; and\n\nElectric scooters hired through a mobile phone application.\n\n(c) not required to be returned, after the period of hire ends, to private premises;\n\nElectric scooters not required to be returned to commercial premises.\n\n***category B vehicle*** means a vehicle that is prescribed;\n\n***category B vehicle sharing scheme*** means a scheme under which category B vehicles are—\n\n(a) made available for hire; and\n\n(b) hired, from wherever they are located, through a wholly or partly automated electronic system; and\n\n(c) not required to be returned, after the period of hire ends, to private premises;\n\n***electric scooter*** has the same meaning as in the **Road Safety Act 1986**;\n\n***motor vehicle*** has the same meaning as in the **Road Safety Act 1986**;\n\n***scheme vehicle*** means—\n\n(a) a bicycle; or\n\n(b) any other vehicle that is not a motor vehicle;\n\n***submission period***—see section 207E(2);\n\n***vehicle*** has the same meaning as in the **Road Safety Act 1986**;\n\n***vehicle sharing scheme*** means—\n\n(a) a category A vehicle sharing scheme; or\n\n(b) a category B vehicle sharing scheme.\n\nDivision 2—Approval to operate category A vehicle sharing scheme\n\nNew s. 206 inserted by No. 26/2025 s. 8.\n\n","sortOrder":40},{"sectionNumber":"206","sectionType":"section","heading":"Application for approval","content":"\t206 Application for approval\n\n(1) A person who proposes to operate a category A vehicle sharing scheme may apply to the Secretary for approval to be an approved category A scheme operator.\n\n(2) An application under subsection (1) must—\n\n(a) be in writing; and\n\n(b) specify the name, address and contact details of the applicant; and\n\n(c) include evidence demonstrating that the scheme will meet the category A standards; and\n\n(d) include the prescribed information (if any); and\n\n(e) be accompanied by the prescribed application fee (if any).\n\nNew s. 207 inserted by No. 26/2025 s. 8.\n\n","sortOrder":41},{"sectionNumber":"207","sectionType":"section","heading":"Request for further information","content":"\t207 Request for further information\n\n(1) The Secretary may request an applicant to provide further information to determine an application for approval.\n\n(2) A request under subsection (1) must be in writing.\n\nS. 207A inserted by No. 26/2025 s. 8.\n\n","sortOrder":42},{"sectionNumber":"207A","sectionType":"section","heading":"Determination of application for approval","content":"\t207A Determination of application for approval\n\n(1) Subject to this section, the Secretary, on receiving an application under section 206, must—\n\n(a) if the Secretary is satisfied that the applicant—\n\n(i) has demonstrated that the category A vehicle sharing scheme will meet the category A standards when the scheme is in operation; and\n\n(ii) is a fit and proper person—\n\napprove the applicant to be an approved category A scheme operator; or\n\n(b) if the Secretary is not so satisfied, refuse to approve the applicant to be an approved category A scheme operator.\n\n(2) The Secretary must make a decision under subsection (1) within 60 days after receiving the application.\n\n(3) The Secretary must give the applicant written notice of a decision under subsection (1).\n\n(4) If the Secretary approves the applicant to be an approved category A scheme operator, the written notice under subsection (3) must specify the day on which the approval takes effect.\n\n(5) If the Secretary refuses to approve the applicant to be an approved category A scheme operator, the written notice under subsection (3) must—\n\n(a) include a statement of reasons for the decision; and\n\n(b) inform the applicant that they may seek review of the decision under Division 4.\n\nS. 207B inserted by No. 26/2025 s. 8.\n\n","sortOrder":43},{"sectionNumber":"207B","sectionType":"section","heading":"Term of approval","content":"\t207B Term of approval\n\nAn approval under section 207A expires on the fifth anniversary of the day on which the approval takes effect.\n\nS. 207C inserted by No. 26/2025 s. 8.\n\n","sortOrder":44},{"sectionNumber":"207C","sectionType":"section","heading":"Renewal of approval","content":"\t207C Renewal of approval\n\n(1) An approved category A scheme operator may apply to the Secretary for renewal of their approval at any time within the period—\n\n(a) beginning 6 months before the expiry of the approval; and\n\n(b) ending on the day before the expiry of the approval.\n\n(2) The Secretary, on receiving an application under subsection (1), must—\n\n(a) renew the operator's approval; or\n\n(b) refuse to renew the operator's approval.\n\n(3) If the Secretary does not make a decision on an application under subsection (1) before the expiry of the approval, the applicant's approval continues in effect until the Secretary makes a decision on the application.\n\n(4) For the purposes of subsections (1) and (2), sections 206(2), 207 and 207A apply  as if the application were an application made under section 206(1).\n\n(5) Section 207B applies to a renewal of approval under this section as if the renewal were an approval under section 207A.\n\nS. 207D inserted by No. 26/2025 s. 8.\n\n","sortOrder":45},{"sectionNumber":"207D","sectionType":"section","heading":"Revocation of approval","content":"\t207D Revocation of approval\n\n(1) The Secretary, by written notice, may revoke an approved category A scheme operator's approval if the Secretary is satisfied that—\n\n(a) the category A vehicle sharing scheme proposed to be operated by the operator will no longer meet the category A standards; or\n\n(b) the operator is no longer a fit and proper person; or\n\n(c) the operator is operating, or has at any time operated, a category A vehicle sharing scheme that does not meet the category A standards.\n\n(2) The Secretary must not revoke an approval under subsection (1) unless the Secretary has—\n\n(a) given the approved category A scheme operator notice under section 207E; and\n\n(b) considered any written submissions made by the approved category A scheme operator within the submission period.\n\n(3) The Secretary must give the approved category A scheme operator written notice of the Secretary's decision under subsection (1).\n\n(4) If the Secretary revokes the approved category A scheme operator's approval, the written notice under subsection (3) must—\n\n(a) include a statement of reasons for the decision; and\n\n(b) inform the applicant that they may seek review of the decision under Division 4.\n\nS. 207E inserted by No. 26/2025 s. 8.\n\n","sortOrder":46},{"sectionNumber":"207E","sectionType":"section","heading":"Notice of intention to revoke approval","content":"\t207E Notice of intention to revoke approval\n\n(1) Before the Secretary makes a decision under section 207D, the Secretary must give an approved category A scheme operator written notice stating—\n\n(a) that the Secretary intends to revoke the operator's approval; and\n\n(b) the reasons for the intention to revoke the approval; and\n\n(c) that the operator, within the submission period, may make written submissions to the Secretary regarding why the approval should not be revoked.\n\n(2) For the purposes of subsection (1)(c), the ***submission period*** is—\n\n(a) the period of 10 business days after receiving the notice; or\n\n(b) such longer period as the Secretary allows.\n\nS. 207F inserted by No. 26/2025 s. 8.\n\n","sortOrder":47},{"sectionNumber":"207F","sectionType":"section","heading":"Public notification of decision to revoke approval","content":"\t207F Public notification of decision to revoke approval\n\nIf the Secretary revokes an approval under section 207D, the Secretary must ensure that a notification of the decision revoking the approval is published on the Department's Internet site.\n\n","sortOrder":48},{"sectionNumber":"Div 3","sectionType":"division","heading":"Register of approved category A scheme operators","content":"Division 3—Register of approved category A scheme operators\n\nS. 207G inserted by No. 26/2025 s. 8.\n\n","sortOrder":49},{"sectionNumber":"207G","sectionType":"section","heading":"Register of approved category A scheme operators","content":"\t207G Register of approved category A scheme operators\n\n(1) The Secretary must maintain a register of approved category A scheme operators.\n\n(2) The register must include the prescribed information in respect of—\n\n(a) approved category A scheme operators; and\n\n(b) persons who were previously approved category A scheme operators.\n\n(3) The Secretary must ensure that the register is available for inspection on the Department's Internet site.\n\n","sortOrder":50},{"sectionNumber":"Div 4","sectionType":"division","heading":"Internal review and Tribunal review","content":"Division 4—Internal review and Tribunal review\n\nS. 207H inserted by No. 26/2025 s. 8.\n\n","sortOrder":51},{"sectionNumber":"207H","sectionType":"section","heading":"Application for internal review","content":"\t207H Application for internal review\n\n(1) A person may apply to the Secretary for internal review of—\n\n(a) a decision of the Secretary under section 207A refusing to approve the person to be an approved category A scheme operator; or\n\n(b) a decision of the Secretary under section 207C refusing to renew the person's approval; or\n\n(c) a decision of the Secretary under section 207D revoking the person's approval.\n\n(2) An application under subsection (1) must be made within—\n\n(a) 28 days after the day on which the person receives notice of the decision; or\n\n(b) such longer period as the Secretary allows.\n\n(3) An application under subsection (1) must be made in the manner and form determined by the Secretary.\n\nS. 207I inserted by No. 26/2025 s. 8.\n\n","sortOrder":52},{"sectionNumber":"207I","sectionType":"section","heading":"Stay of operation of revocation decision subject to application for internal review","content":"\t207I Stay of operation of revocation decision subject to application for internal review\n\n(1) An application for internal review of a decision revoking a person's approval under section 207D does not affect the operation of the decision or prevent the taking of any action to implement it, unless the Secretary stays the operation of the decision pending the determination of the internal review—\n\n(a) on the Secretary's own initiative; or\n\n(b) on the application of the applicant for review.\n\n(2) The Secretary must make a decision on an application for a stay within 2 business days after the making of that application.\n\n(3) If the Secretary has not made a decision in accordance with subsection (2), the Secretary is taken to have made a decision to grant a stay.\n\n(4) The Secretary may attach any conditions to a stay of operation that the Secretary considers appropriate.\n\nS. 207J inserted by No. 26/2025 s. 8.\n\n","sortOrder":53},{"sectionNumber":"207J","sectionType":"section","heading":"Determination of application for internal review","content":"\t207J Determination of application for internal review\n\n(1) On receiving an application made in accordance with section 207H, the Secretary must appoint a delegate of the Secretary—\n\n(a) to conduct an internal review of the decision the subject of the application (the ***original decision***); and\n\n(b) to make a decision—\n\n(i) to affirm the original decision; or\n\n(ii) to set aside the original decision and, if the original decision was to refuse to approve the applicant to be an approved category A scheme operator or to refuse to renew their approval, approve the applicant to be an approved category A scheme operator or renew their approval (as the case requires).\n\n(2) The Secretary must not appoint for the purposes of subsection (1) a person who made the original decision as a delegate of the Secretary.\n\n(3) The Secretary must give the applicant written notice of a decision under subsection (1)(b) within 28 days after receiving the application.\n\n(4) If the Secretary does not give the applicant written notice of a decision under subsection (1)(b) within the period specified in subsection (3), the original decision is taken to have been affirmed.\n\nS. 207K inserted by No. 26/2025 s. 8.\n\n","sortOrder":54},{"sectionNumber":"207K","sectionType":"section","heading":"Application for Tribunal review","content":"\t207K Application for Tribunal review\n\n(1) A person may apply to the Tribunal for review of—\n\n(a) a decision made under section 207J(1)(b)(i); or\n\n(b) a decision taken to have been made under section 207J(4).\n\n(2) An application under subsection (1) must be made within 28 days after the later of—\n\n(a) the day on which the decision is made or taken to have been made; or\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nDivision 5—Authorising agreements\n\nS. 207L inserted by No. 26/2025 s. 8.\n\n","sortOrder":55},{"sectionNumber":"207L","sectionType":"section","heading":"Authorising agreements","content":"\t207L Authorising agreements\n\n(1) An approved category A scheme operator  may enter into an agreement with a municipal council under which the person may operate a category A vehicle sharing scheme within the municipal district of that council.\n\n(2) A person may enter into an agreement with a municipal council under which the person may operate a category B vehicle sharing scheme within the municipal district of that council.\n\n(3) An agreement under this section must make provision for or with respect to—\n\n(a) the vehicles that are to be made available for hire under the scheme; and\n\n(b) the prescribed matters (if any).\n\n**Examples**\n\nPrescribed matters may include the period of the scheme, how the agreement may be terminated and insurance requirements.\n\n","sortOrder":56},{"sectionNumber":"Div 6","sectionType":"division","heading":"Offences","content":"Division 6—Offences\n\nS. 207M inserted by No. 26/2025 s. 8.\n\n","sortOrder":57},{"sectionNumber":"207M","sectionType":"section","heading":"Offence to make vehicle available for hire under vehicle sharing scheme unless certain requirements are met","content":"\t207M Offence to make vehicle available for hire under vehicle sharing scheme unless certain requirements are met\n\n(1) A person must not make a vehicle available for hire under a category A vehicle sharing scheme unless—\n\n(a) the vehicle is a category A vehicle; and\n\n(b) the person is an approved category A scheme operator; and\n\n(c) the person is a party to an agreement under section 207L(1) with the municipal council that governs the municipal district in which the vehicle is located.\n\n(2) A person must not make a vehicle available for hire under a category B vehicle sharing scheme unless—\n\n(a) the vehicle is a category B vehicle; and\n\n(b) the person is a party to an agreement under section 207L(2) with the municipal council that governs the municipal district in which the vehicle is located.\n\nS. 207N inserted by No. 26/2025 s. 8.\n\n","sortOrder":58},{"sectionNumber":"207N","sectionType":"section","heading":"Offence to operate category A vehicle sharing scheme that does not meet category A standards","content":"\t207N Offence to operate category A vehicle sharing scheme that does not meet category A standards\n\nAn approved category A scheme operator must not operate a category A vehicle sharing scheme that does not meet the category A standards.\n\n","sortOrder":59},{"sectionNumber":"Div 7","sectionType":"division","heading":"General","content":"Division 7—General\n\nS. 207O inserted by No. 26/2025 s. 8.\n\n","sortOrder":60},{"sectionNumber":"207O","sectionType":"section","heading":"Regulations","content":"\t207O Regulations\n\n(a) standards or requirements for a category A vehicle sharing scheme, including standards or requirements for any of the following—\n\n(i) systems and processes to ensure that a helmet is made available to each person who hires a category A vehicle made available under the scheme;\n\n(ii) systems to detect whether a person who is riding or otherwise using, or about to ride or otherwise use, a category A vehicle made available under the scheme is wearing a helmet;\n\n(iii) systems to detect the location of category A vehicles made available under the scheme and to regulate or control their speed or movement or give warnings or other communications  based on their location;\n\n(iv) systems to ensure that category A vehicles made available for hire under the scheme are parked or otherwise left in a particular place or in a particular manner after their period of hire;\n\n(v) systems to prevent a person from riding or otherwise using a category A vehicle made available under the scheme while the person is intoxicated;\n\n(vi) technological or safety features of category A vehicles made available under the scheme;\n\n(b) anything required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.\n\n(2) The regulations may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstance;\n\n(c) apply, adopt or incorporate any matter contained in any document whether—\n\n(ii) as in force at a particular time or as amended from time to time.\n\n***systems*** includes software applications and software systems.\n\nPt 7 (Heading) amended by No. 9/2006 s. 120.\n\nPart VII—Prosecutions, enforcement and penalties and other matters\n\nPt 7 Div. 1 (Heading) amended by No. 45/2017 s. 58(1).\n\nDivision 1—Interpretations and application\n\n","sortOrder":61},{"sectionNumber":"208","sectionType":"section","heading":"Definitions","content":"\t208 Definitions\n\nIn this Part unless inconsistent with the context or subject-matter—\n\nS. 208 def. of *authorised officer* inserted by No. 101/2003 s. 15(1), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 10), 34/2011 s. 59.\n\n***authorised officer*** means a person authorised by the Secretary under section 221A or 221AB;\n\nS. 208 def. of *authorized officer* repealed by No. 127/1986 s. 102(Sch. 4 item 28.13A) (as amended by No. 78/1987 s. 21(c)).\n\nS. 208 def. of *carriage* inserted by No. 101/2003 s. 9(1).\n\n***carriage*** means any passenger vehicle operated by or on behalf of a passenger transport or bus company;\n\nS. 208 def. of *designated place* inserted by No. 43/2011 s. 55, substituted by No. 37/2014 s. 10(Sch. item 171.4(a)).\n\n***designated place*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 208 def. of *hand held reader* inserted by No. 69/2007 s. 3, amended by No. 19/2010 s. 77(a), substituted by No. 56/2025 s. 22(a).\n\n***hand held reader*** means a portable device or combination of portable devices that—\n\n(a) is capable of reading, scanning, transferring, displaying, copying or storing information from a token; and\n\n(b) either—\n\n(i) is of a prescribed kind; or\n\n(ii) is approved by the Minister by notice published in the Government Gazette;\n\nS. 208 def. of *infringement* substituted by No. 127/1986 s. 102(Sch. 4 item 28.13), repealed by No. 25/1989 s. 41(a).\n\nS. 208 def. of *motor car* repealed by No. 127/1986 s. 102(Sch. 4 item 28.13).\n\nS. 208 def. of *motor vehicle* inserted by No. 127/1986 s. 102(Sch. 4 item 28.13).\n\n***motor vehicle*** means a motor vehicle within the meaning of the **Road Safety Act 1986** and includes a trailer attached to the vehicle;\n\nS. 208 def. of *on-the-spot penalty fare* inserted by No. 80/2013 s. 5, repealed by No. 71/2016 s. 4.\n\nS. 208 def. of *on-the-spot penalty ticket* inserted by No. 80/2013 s. 5, repealed by No. 71/2016 s. 4.\n\nS. 208 def. of *on-the-spot penalty ticket offence* inserted by No. 80/2013 s. 5, repealed by No. 71/2016 s. 4.\n\nS. 208 def. of *owner* amended by No. 127/1986 s. 102(Sch. 4 item 28.13).\n\n***owner***—\n\n(a) where the vehicle is a motor vehicle, means the person in whose name the motor vehicle is registered under the **Road Safety Act 1986** or any Act or Ordinance of any State or Territory of the Commonwealth corresponding to that Act (whether the property in the motor vehicle is vested in him or not); and\n\n(b) where the vehicle is not a motor vehicle, 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;\n\nS. 208 def. of *prescribed device* inserted by No. 69/2007 s. 3, amended by Nos 19/2010 s. 77(b) (as amended by No. 29/2011 s. 3(Sch. 1 item 100)), 56/2025 s. 22(b).\n\n***prescribed device*** means—\n\n(a) a token; or\n\n(b) a hand held reader; or\n\n(c) any other device prescribed by the regulations for the purposes of sections 230AB, 230AD and 230AE;\n\nS. 208 def. of *protective services officer* inserted by No. 43/2011 s. 55, substituted by No. 37/2014 s. 10(Sch. item 171.4(b)).\n\n***protective services officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 208 def. of *public transport service* inserted by No. 95/2005 s. 21(a), repealed by No. 56/2025 s. 22(c).\n\nS. 208 def. of *rail safety worker* inserted by No. 47/2006 s. 54(a), substituted by No. 22/2013 s. 93, amended by No. 41/2019 s. 113(a).\n\n***rail safety worker*** means a rail safety worker within the meaning of the Rail Safety National Law (Victoria);\n\nS. 208 def. of *safety work infringement* inserted by No. 60/1994 s. 22(a), amended by Nos 63/1999 s. 13(1), 94/2003 s. 28(15), 9/2006 s. 121(a)(b), 47/2006 s. 54(b), 49/2011 s. 4, substituted by No. 22/2013 s. 94, repealed by No. 41/2019 s. 113(b).\n\nS. 208 def. of *parking infringement* repealed by No. 127/1986 s. 102(Sch. 4 item 28.13) (as amended by No. 78/1987 s. 21(b)).\n\nS. 208 def. of *prosecution officer* repealed by No. 25/1989 s. 41(b).\n\nS. 208 def. of *smartcard* inserted by No. 69/2007 s. 3, repealed by No. 56/2025 s. 22(c).\n\nS. 208 def. of *State token* inserted by No. 56/2025 s. 22(d).\n\n***State token*** means a thing—\n\n(a) issued by or on behalf of the Head, Transport for Victoria; and\n\n(b) that may lawfully be used for the purpose of obtaining, or proving the existence of, a ticket;\n\nS. 208 def. of *ticket* inserted by No. 101/2003 s. 9(1), repealed by No. 95/2005 s. 21(b).\n\nS. 208 def. of *ticket infringement* inserted by No. 98/1998 s. 27(1).\n\n***ticket infringement*** means a ticket offence that is prescribed for the purposes of this Part;\n\nS. 208 def. of *ticket offence* inserted by No. 98/1998 s. 27(1), amended by No. 101/2003 s. 14, substituted by No. 95/2005 s. 21(c).\n\n***ticket offence*** means an offence against Division 4 or any regulations made under section 221AA;\n\nS. 208 def. of *token* inserted by No. 56/2025 s. 22(d).\n\n***token*** means a thing that—\n\n(a) is a State token; or\n\n(b) may lawfully be used for the purpose of obtaining, or proving the existence of, a ticket and—\n\n(i) is prescribed as a token or belongs to a prescribed class of token; or\n\n(ii) is a token or belongs to a class of token approved by the Minister by notice published in the Government Gazette;\n\nS. 208 def. of *traffic infringement* amended by No. 10085 s. 4(a)–(c), repealed by No. 127/1986 s. 102(Sch. 4 item 28.13) (as amended by No. 78/1987 s. 21(b)).\n\nS. 208 def. of *transport infringement* inserted by No. 25/1989 s. 41(b), amended by Nos 60/1994 s. 22(b), 98/1998 s. 27(2), 41/2019 s. 113(c).\n\n***transport infringement*** means an offence, other than a ticket infringement, against this Act or the regulations which is prescribed for the purposes of this Part.\n\nS. 208 def. of *worker* inserted by No. 60/1994 s. 22(c), repealed by No. 47/2006 s. 54(c).\n\nS. 208A inserted by No. 45/2017 s. 58(2).\n\n","sortOrder":62},{"sectionNumber":"208A","sectionType":"section","heading":"Application of powers conferred on protective services officers under this Part","content":"\t208A Application of powers conferred on protective services officers under this Part\n\n(1) Subject to subsection (2), a protective services officer may only exercise the powers under this Part in relation to a person who is at, or in the vicinity of, a designated place.\n\n(2) A protective services officer may only exercise the power under section 229 in relation to a person who was at, or in the vicinity of, a designated place at the time of the alleged offence.\n\nPt 7 Div. 2 (Heading) amended by No. 98/1998 s. 28.\n\nPt 7 Div. 2 (Heading and ss 209–215) amended by Nos 10085 s. 6, 10087 s. 3(1)(Sch. 1 items 284, 285), 10249 s. 11(a)–(c), 16/1986 s. 30, 127/1986 s. 102(Sch. 4 items 28.14, 28.15, 28.15A (as amended by No. 78/1987 s. 21(d)), 28.16(a)(b)), 44/1989 s. 40(Sch. 1 items 12, 13, 19.1), substituted as Pt 7 Div. 2 (Heading and ss 211–215) by No. 25/1989 s. 42.\n\nDivision 2—Transport and ticket infringements\n\nNew s. 211 inserted by No. 25/1989 s. 42, amended by Nos 81/1990 s. 7(4), 68/1995 s. 45, 104/1997 s. 34(1), 98/1998  \ns. 29 (as amended by No. 45/1999 s. 43(1)(a)(b)), 30/2000 s. 18, 11/2002 s. 3 (Sch. 1 item 62.1), repealed by No. 101/2003 s. 15(2).\n\nS. 212 (Heading) inserted by No. 101/2003 s. 15(3).\n\nS. 212 substituted by No. 25/1989 s. 42.\n\n","sortOrder":63},{"sectionNumber":"212","sectionType":"section","heading":"Transport and ticket infringements","content":"\t212 Transport and ticket infringements\n\nS. 212(1) amended by Nos 98/1998 s. 30(1), 101/2003 s. 15(4), 32/2006 s. 74(1)(a), substituted by No. 43/2011 s. 56(1).\n\n(1) Any of the following persons who has reason to believe that a person has committed a transport infringement may serve on that person a transport infringement notice—\n\nS. 212(1)(a) amended by No. 37/2014 s. 10(Sch. item 171.5).\n\n(a) a police officer;\n\n(b) if the offence is believed to have been committed at or in the vicinity of a designated place—a protective services officer;\n\n(c) a person who is an officer who is authorised to issue transport infringement notices.\n\nS. 212(1A) inserted by No. 98/1998 s. 30(2), substituted by No. 101/2003 s. 15(5).\n\n(1A) A person is an officer who is authorised to issue transport infringement notices if he or she is either—\n\nS. 212(1A)(a) repealed by No. 49/2019 s. 186(Sch. 4 item 45.24).\n\nS. 212(1A)(ab) inserted by No. 43/2013 s. 50, amended by No. 63/2017 s. 21(Sch. 1 item 10.22), substituted by No. 34/2023 s. 127(Sch. 1 item 17.4).\n\n(ab) a person employed in Safe Transport Victoria appointed in writing by Safe Transport Victoria to issue infringement notices; or\n\nS. 212(1A)(b) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 11), 34/2011 s. 60.\n\n(b) an authorised officer authorised by the Secretary under section 221A.\n\nS. 212(1B) inserted by No. 101/2003 s. 15(5), amended by No. 32/2006 s. 74(1)(b), substituted by No. 43/2011 s. 56(2), amended by Nos 80/2013 s. 6, 71/2016 s. 5.\n\n(1B) Any of the following persons who has reason to believe that a person has committed a ticket infringement may serve on that person a ticket infringement notice—\n\nS. 212(1B)(a) amended by No. 37/2014 s. 10(Sch. item 171.5).\n\n(a) a police officer;\n\n(b) if the infringement is believed to have been committed at or in the vicinity of a designated place—a protective services officer on duty at the designated place;\n\n(c) an authorised officer.\n\nS. 212(2) amended by No. 98/1998 s. 30(3), substituted by No. 32/2006 s. 74(2).\n\n(2) An offence for which—\n\n(a) a transport infringement notice referred to in subsection (1); or\n\n(b) a ticket infringement notice referred to in subsection (1B)—\n\nmay be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\nS. 212(3) amended by No. 98/1998 s. 30(3), repealed by No. 32/2006 s. 74(3).\n\nS. 212(4) repealed by No. 32/2006 s. 74(3).\n\nS. 212(5) amended by No. 98/1998 s. 30(4).\n\n(5) The penalty for the purposes of this section in respect of any transport infringement or ticket infringement is the amount prescribed in respect of that infringement.\n\nS. 212AA inserted by No. 80/2013 s. 7, amended by No. 49/2014 s. 61(3), repealed by No. 71/2016 s. 6.\n\nS. 212A inserted by No. 101/2003 s. 16, repealed by No. 49/2019 s. 186(Sch. 4 item 45.25).\n\nS. 213 substituted by No. 25/1989 s. 42, [[10]](#endnote-11) amended by Nos 57/1989 s. 3(Sch. items 202.9, 202.10) (as amended by No. 25/1989 s. 52 (as amended by No. 34/1990 s. 7(5))), 101/2003 s. 17(1), repealed by No. 32/2006 s. 74(3).\n\nS. 213A inserted by No. 101/2003 s. 10.\n\n","sortOrder":64},{"sectionNumber":"213A","sectionType":"section","heading":"Administrative costs in respect of ticket infringements","content":"\t213A Administrative costs in respect of ticket infringements\n\n(1) In this section, ***relevant ticket infringement*** means a ticket infringement committed—\n\n(a) on, or in relation to, a carriage; or\n\n(b) in relation to a journey on, or in, a carriage; or\n\n(c) on, or in relation to, land or a premises owned, occupied or controlled by a passenger transport or bus company.\n\n(2) This section applies if the regulations state that administrative costs may be paid to passenger transport and bus companies in respect of relevant ticket infringements.\n\nS. 213A(3) amended by Nos 61/2011 s. 25(Sch. 1 item 13.9), 49/2019 s. 186(Sch. 4 item 45.26).\n\n(3) The Head, Transport for Victoria may agree with a passenger transport or bus company to pay the company, and may pay the company in accordance with the agreement, the administrative costs permitted to be paid to the company by the regulations.\n\n(4) The Consolidated Fund is appropriated to the extent necessary to allow payments to be made under subsection (3).\n\nS. 213A(5) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.26).\n\n(5) If an infringement notice is withdrawn after the penalty has been paid, the company must, within 5 business days after being asked to do so by the Head, Transport for Victoria, refund to the Head, Transport for Victoria any administrative costs paid to it under subsection (3) in respect of the infringement notice.\n\nS. 213A(6) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.26).\n\n(6) The Head, Transport for Victoria may only pay administrative costs to a company under this section in respect of ticket infringements committed on or after the day the agreement with the company under this section is made.\n\nS. 214 substituted by No. 25/1989 s. 42.\n\n","sortOrder":65},{"sectionNumber":"214","sectionType":"section","heading":"Proof of prior convictions or findings of guilt","content":"\t214 Proof of prior convictions or findings of guilt\n\nS. 214(1) amended by No. 28/1996 s. 8(a)(i)(ii).\n\n(1) If a person is served with a summons for any infringement and it is alleged that the person has been previously convicted or found guilty of any infringement or infringements there may be served with the summons a separate document in the prescribed form signed by the informant setting out particulars of the alleged prior convictions or findings of guilt.\n\nS. 214(2) amended by No. 28/1996 s. 8(b).\n\n(2) The document setting out the alleged prior convictions or findings of guilt—\n\n(a) must be endorsed with a notice in the prescribed form; and\n\n(b) may be served in any manner in which the summons for the infringement may be served.\n\nS. 214(3) amended by Nos 57/1989 s. 3(Sch. item 202.11) (as amended by No. 25/1989 s. 52 (as amended by No. 34/1990 s. 7(5)(c))), 28/1996  \ns. 8(c)(i).\n\n(3) If the court by which any person has been convicted or found guilty is satisfied that a copy of any such document was served on that person at least 14 days before the hearing of the charge, the document is admissible in evidence and, in the absence of evidence to the contrary, is proof—\n\nS. 214(3)(a) amended by No. 28/1996 s. 8(c)(i).\n\n(a) that the person was convicted or found guilty of the offences alleged in the document; and\n\nS. 214(3)(b) amended by No. 28/1996 s. 8(c)(ii).\n\n(b) of the particulars relating to the convictions or findings of guilt set out in the document.\n\nS. 214(4) amended by Nos 57/1989 s. 3(Sch. item 202.12) (as amended by No. 25/1989 s. 52 (as amended by No. 34/1990 s. 7(5)(d))), 68/2009 s. 97(Sch. item 124.15).\n\n(4) Any such document may not be tendered in evidence without the consent of the accused if the accused is present at the hearing of the charge.\n\nS. 214(5) amended by Nos 57/1989 s. 3(Sch. item 202.13) (as amended by No. 25/1989 s. 52 (as amended by No. 34/1990 s. 7(5)(e))), 28/1996  \ns. 8(d)(i)–(iii), 68/2009 s. 97(Sch. item 124.16).\n\n(5) Without limiting the generality of the provisions of Part 3.4 of Chapter 3 of the **Criminal Procedure Act 2009**, where any evidence of prior convictions or findings of guilt has been tendered pursuant to the provisions of this section, the court may set aside, on any terms as to costs or otherwise that the court decides, any conviction, finding 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 accused or that the accused was not in fact convicted, or found guilty, of the offences as alleged in the document.\n\nS. 214A inserted by No. 71/2006 s. 13, amended by No. 37/2014 s. 10(Sch. item 171.5).\n\n","sortOrder":66},{"sectionNumber":"214A","sectionType":"section","heading":"Differences in penalties","content":"\t214A Differences in penalties\n\nThe penalty for a transport infringement or a ticket infringement may differ according to whether the notice for the infringement is served by a police officer or by a person who is an officer who is authorised to issue a notice for a transport infringement or ticket infringement.\n\nS. 215 substituted by No. 25/1989 s. 42.\n\n","sortOrder":67},{"sectionNumber":"215","sectionType":"section","heading":"Regulations","content":"\t215 Regulations\n\n(a) prescribing transport infringements for which a transport infringement notice may be served; and\n\nS. 215(1)(ab) inserted by No. 98/1998 s. 30(5)(a).\n\n(ab) prescribing ticket infringements for which a ticket infringement notice may be served; and\n\nS. 215(1)(b) amended by No. 98/1998 s. 30(5)(b), substituted by No. 32/2006 s. 74(4).\n\n(b) in addition to the requirements of section 13 of the **Infringements Act 2006**, any particulars, not inconsistent with that Act, to be contained in an infringement notice;\n\nS. 215(1)(c) amended by No. 98/1998 s. 30(5)(b), repealed by No. 32/2006 s. 74(5).\n\n(d) the form of a withdrawal notice; and\n\n(e) the method of service of a withdrawal notice; and\n\nS. 215(1)(f) amended by No. 98/1998 s. 30(5)(c).\n\n(f) the penalties for any transport infringement or ticket infringement; and\n\nS. 215(1)(g) repealed by No. 32/2006 s. 74(5).\n\nS. 215(1)(ga) inserted by No. 101/2003 s. 11, amended by Nos 61/2011 s. 25(Sch. 1 item 13.9), 49/2019 s. 186(Sch. 4 item 45.27).\n\n(ga) permitting the Head, Transport for Victoria to pay administrative costs to passenger transport and bus companies in respect of relevant ticket infringements (as defined in section 213A(1)); and\n\nS. 215(1)(gb) inserted by No. 101/2003 s. 11.\n\n(gb) specifying the amount of those costs, or how those costs are to be calculated; and\n\n(h) the form of the document setting out particulars of prior convictions; and\n\n(i) the form of notices to be endorsed on the document setting out particulars of prior convictions; and\n\n(j) generally prescribing any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division.\n\nS. 215(2) repealed by No. 16/1998  \ns. 10(5), new s. 215(2) inserted by No. 101/2003 s. 12, amended by No. 71/2006 s. 14(1).\n\n(2) Despite anything to the contrary in Division 5 of Part 2 of the **Infringements Act 2006**, regulations prescribing an amount as the penalty for a transport or ticket infringement may—\n\n(a) prescribe a different amount of penalty according to the number of transport or ticket infringements (or both) committed by the same offender within a specified period; and\n\nS. 215(2)(ab) inserted by No. 19/2010 s. 78.\n\n(ab) prescribe a lower amount of penalty for a transport infringement or ticket infringement committed by a person under the age of 18 years; and\n\nS. 215(2)(b) amended by No. 95/2005 s. 37(a).\n\n(b) specify the circumstances in which the different amounts of penalty apply; and\n\nS. 215(2)(ba) inserted by No. 71/2006 s. 14(2), amended by No. 37/2014 s. 10(Sch. item 171.5).\n\n(ba) allow for a different amount of penalty according to whether the notice for the transport infringement or ticket infringement (or both) is served by a police officer or by an officer who is authorised to issue the notice; and\n\nS. 215(2)(c) inserted by No. 95/2005 s. 37(b).\n\n(c) provide for a penalty imposed to be revised if—\n\n(i) one or more of the infringement notices on which the amount of the penalty is based is cancelled after the penalty is imposed; or\n\n(ii) the penalty is imposed on the basis of an incorrect number of earlier infringement notices; and\n\nS. 215(2)(d) inserted by No. 95/2005 s. 37(b).\n\n(d) if a penalty imposed is revised, provide for a refund of any amount of penalty that has been overpaid.\n\nS. 215(3) repealed by No. 16/1998  \ns. 10(5).\n\nPt 7 Div. 2A (Heading and ss 215A–215G)  \ninserted by No. 60/1994 s. 23, amended by Nos 17/1995 s. 23, 94/2003 ss 28(16), 33, 32/2006 ss 75–77, 47/2006 ss 55–59, 68/2009 s. 97(Sch. items 124.17–124.21), 22/2013 s. 95, repealed by No. 27/2014 s. 142.[[11]](#endnote-12)\n\nPt 7 Div. 3 (Heading) amended by No. 101/2003 s. 17(2).\n\nDivision 3—Enforcement provisions—vehicle inspections\n\nS. 216 amended by No. 44/1989 s. 40(Sch. 1 item 15).\n\n","sortOrder":68},{"sectionNumber":"216","sectionType":"section","heading":"Inspection of motor vehicles","content":"\t216 Inspection of motor vehicles\n\nS. 216(1) amended by Nos 127/1986 s. 102(Sch. 4 item 28.17), 44/1989 s. 40(Sch. 1 items 12, 15), 60/1994 s. 24(1)(a), 32/2002 s. 23(b)(i), 44/2003 s. 7(1), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 12), 34/2011 s. 61, 37/2014 s. 10(Sch. item 171.6(a)), 49/2019 s. 186(Sch. 4 item 45.28).\n\n(1) For the purpose of ascertaining whether the requirements imposed by or under this Act or any other Act relating to transport are being observed any employee in the Department or any person authorized in that behalf by the Secretary or the licensing authority in writing (whether generally or in any particular case) or any police officer may request the driver of any motor vehicle—\n\nS. 216(1)(a) amended by No. 127/1986 s. 102(Sch. 4 item 28.17).\n\n(a) to produce for inspection any licence, permit or document which is required to be carried in, or by the driver of, the motor vehicle;\n\nS. 216(1)(b) amended by No. 32/2002 s. 23(b)(ii).\n\n(b) to state his or her name and address;\n\nS. 216(1)(c) amended by No. 127/1986 s. 102(Sch. 4 item 28.17).\n\n(c) to permit an inspection and examination to be made of the motor vehicle 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;\n\nS. 216(1)(d) amended by No. 127/1986 s. 102(Sch. 4 item 28.17).\n\n(d) to keep the motor vehicle stationary for a sufficient period of time to enable any such inspection or examination to be made;\n\nS. 216(1)(e) amended by No. 127/1986 s. 102(Sch. 4 item 28.17).\n\n(e) to move the motor vehicle and any trailer attached thereto to the nearest convenient place where the motor vehicle, trailer, load and equipment can be inspected and examined with safety;\n\nS. 216(1)(f) amended by Nos 10087 s. 3(1)(Sch. 1 item 286), 127/1986 s. 102(Sch. 4 item 28.17), 44/1989 s. 40(Sch. 1 item 15), 60/1994 s. 24(1)(b), 49/2019 s. 186(Sch. 4 item 45.28(a)).\n\n(f) to present the motor vehicle and trailer at some other reasonable time and place for inspection and examination by an employee in the Department or a person authorised under this subsection and for the weighing thereof.\n\nS. 216(2) amended by Nos 127/1986 s. 102(Sch. 4 item 28.17), 32/2002 s. 23(c)(i)–(iii), 37/2014 s. 10(Sch. item 171.6(b)), 49/2019 s. 186(Sch. 4 item 45.29).\n\n(2) If the driver of any motor vehicle fails to stop the motor vehicle when any employee or person referred to in subsection (1) calls to or signals him or her so to do or fails to produce any such document or refuses to state his or her name and address or states a false name or address or refuses or fails to comply with any request made by any such employee or person pursuant to subsection (1), the driver shall be guilty of an offence against this Act.\n\nS. 216(3) amended by Nos 127/1986 s. 102(Sch. 4 item 28.17), 44/1989 s. 40(Sch. 1 item 15), 32/2002 s. 23(d), 37/2014 s. 10(Sch. item 171.6(c)), repealed by No. 63/2017 s. 21(Sch. 1 item 10.23).\n\nS. 216(4)(5) repealed by No. 63/2017 s. 21(Sch. 1 item 10.23).\n\nS. 216(6) inserted by No. 44/2003 s. 7(2), amended by No. 101/2003 s. 17(3).\n\n(6) In conducting an inspection under this section, the person carrying out the inspection may—\n\n(a) carry out any tests that he or she considers to be appropriate; and\n\n(b) copy all or any part of a document, or the contents of a document, that he or she is authorised to inspect; and\n\nS. 216(6)(c) amended by No. 95/2005 s. 38(a).\n\n(c) extract or copy any data held in any equipment or device required to be fitted to, or carried on, any vehicle being inspected; and\n\nS. 216(6)(d) inserted by No. 95/2005 s. 38(b).\n\n(d) extract or copy any information that is held in any engine management system or related system of the vehicle.\n\nS. 216(7) inserted by No. 44/2003 s. 7(2).\n\n(7) A reference to a ***driver*** in this section includes a reference to a person—\n\n(a) who is in charge of a motor vehicle within the meaning of section 3AA of the **Road Safety Act 1986**;\n\n(b) who is a driver within the meaning of section 3AB of the **Road Safety Act 1986**.\n\nS. 217 (Heading) inserted by No. 49/2019 s. 186(Sch. 4 item 45.30).\n\n","sortOrder":69},{"sectionNumber":"217","sectionType":"section","heading":"Powers of officers authorised by the Secretary","content":"\t217 Powers of officers authorised by the Secretary\n\nS. 217(1) amended by Nos 127/1986 s. 102(Sch. 4 item 28.18), 44/1989 s. 40(Sch. 1 items 12, 15), 60/1994 s. 24(2), 32/2002 s. 23(e), 44/2003 s. 7(1), 110/2004 s. 54, 47/2006 s. 31(1)(Sch. 1 Pt 1 item 13(a)), 34/2011 s. 62(1), 37/2014 s. 10(Sch. item 171.7), 49/2019 s. 186(Sch. 4 item 45.31).\n\n(1) In addition to and without in any way derogating from any of the requirements imposed by or under section 216 any employee in the Department thereunto authorized in writing by the Secretary or any other person authorized in that behalf by the Secretary or the licensing authority in writing so to do or any police officer 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 vehicle or trailer or any motor vehicle and trailer and any load carried thereon.\n\nS. 217(2) amended by Nos 127/1986 s. 102(Sch. 4 item 28.18), 44/1989 s. 40(Sch. 1 item 15), 49/2019 s. 186(Sch. 4 item 45.32).\n\n(2) An employee in the Department or any other person referred to in subsection (1) may exercise the powers conferred by that subsection at the request of any person who is authorized by any Act or law to request any other person to present the motor vehicle or trailer or the motor vehicle and trailer for weighing.\n\nS. 217(3) amended by Nos 44/1989 s. 40(Sch. 1 items 13, 15), 60/1994 s. 24(3), 32/2002 s. 23(e), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 13(b)), 34/2011 s. 62(2), 49/2019 s. 186(Sch. 4 item 45.33).\n\n(3) The production of a document purporting to be an authority in writing referred to in subsection (1) and purporting to be signed by the Secretary or the licensing authority (as the case requires) or purporting to be the signature of the Secretary or the licensing authority (as the case requires) affixed by authority of the Secretary or the licensing authority (as the case requires) shall be prima facie evidence of that authority.\n\nS. 217(4) amended by Nos 127/1986 s. 102(Sch. 4 item 28.18), 49/2019 s. 186(Sch. 4 item 45.34).\n\n(4) Evidence by an employee or other person authorized to weigh any motor vehicle or trailer or any motor vehicle and trailer pursuant to the provisions of subsection (1)—\n\nS. 217(4)(a) amended by Nos 127/1986 s. 102(Sch. 4 item 28.18), 32/2002 s. 23(f)(i)(ii), 49/2019 s. 186(Sch. 4 item 45.34).\n\n(a) that the weighbridge or the device prescribed under the **Road Safety Act 1986** used by the employee or other person on any occasion was in proper working order and properly operated by him or her; and\n\n(b) that in relation to the weighbridge or device all requirements for the proper operation of the weighbridge or device were complied with—\n\nshall be prima facie evidence of those facts.\n\nS. 217A inserted by No. 44/2003 s. 8.\n\n","sortOrder":70},{"sectionNumber":"217A","sectionType":"section","heading":"Additional inspection power concerning heavy vehicles","content":"\t217A Additional inspection power concerning heavy vehicles\n\n(1) In this section, ***heavy vehicle*** has the same meaning as it has in section 3(1) of the **Road Safety Act 1986**, but also includes—\n\n(a) any other vehicle that is physically connected to the heavy vehicle (even if that other vehicle is not a heavy vehicle); and\n\n(b) a bus that is used, or that is intended to be used, to carry passengers for reward or in the course of a business.\n\n(2) A person who is authorised to exercise a power under section 216 or 217 may also exercise that power in relation to a heavy vehicle for the purpose of ascertaining whether the requirements imposed by or under the **Road Safety Act 1986** are being complied with.\n\nS. 217A(3) amended by Nos 95/2005 s. 39(1), 37/2014 s. 10(Sch. item 171.8).\n\n(3) If a person acting under subsection (2) discovers, or reasonably suspects, that a heavy vehicle does not comply with the **Road Safety Act 1986** or the regulations made under that Act, section 14 of that Act  applies as if a reference in that section to \"a police officer or a person referred to in section 13(6)\" were a reference to him or her.\n\nS. 217A(4) inserted by No. 95/2005 s. 39(2).\n\n(4) For the purposes of subsection (3), ***reasonably suspects*** means that the person has formed a reasonable suspicion on the basis of information derived from the vehicle's engine management system using, in accordance with regulations made under the **Road Safety Act 1986**, an engine management system reading device specified by those regulations.\n\nS. 218 amended by Nos 100/1986 s. 32(a)–(h), 25/1989 s. 43(a)(b), 44/1989 s. 40(Sch. 1 items 2.1, 8.1, 23), 81/1990 s. 7(5), 120/1993 s. 66(3), repealed by No. 30/2000 s. 19.\n\nS. 218A inserted by No. 100/1986 s. 32(i), amended by Nos 25/1989 s. 44, 81/1990 s. 7(6), 120/1993 s. 66(4), repealed by No. 30/2000 s. 19.\n\nPt 7 Div. 3A (Heading) inserted by No. 101/2003 s. 17(4).\n\n","sortOrder":71},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Other enforcement provisions","content":"Division 3A—Other enforcement provisions\n\nS. 218B inserted by No. 120/1993 s. 67.\n\n","sortOrder":72},{"sectionNumber":"218B","sectionType":"section","heading":"Power to require names and addresses","content":"\t218B Power to require names and addresses\n\nS. 218B(1) amended by No. 68/1995 s. 46(1), substituted by Nos 28/1996  \ns. 9, 30/2000 s. 20, repealed by No. 101/2003 s. 17(5).\n\nS. 218B(1A) inserted by No. 68/1995 s. 46(2), repealed by No. 101/2003 s. 17(5).\n\nS. 218B  \n(1B)–(1G) inserted by No. 104/1997 s. 34(2), repealed by No. 101/2003 s. 17(5).\n\nS. 218B(2) amended by Nos 52/2010 s. 34(1), 43/2011 s. 57(1), 37/2014 s. 10(Sch. item 171.9).\n\n(2) An authorised officer, a protective services officer on duty at a designated place or a police officer may request a person to state his or her name and address if the officer believes on reasonable grounds that the person has committed or is about to commit an offence against this Act or the regulations or against the **Graffiti Prevention Act 2007**.\n\nS. 218B(2A) inserted by No. 98/1998 s. 31 (as amended by No. 45/1999 s. 43(2)), amended by No. 101/2003 s. 17(6).\n\n(2A) Despite anything to the contrary in subsection (2), an authorised officer who is authorised under section 221AB may only make a request under that subsection if the authorised officer believes on reasonable grounds that the person has committed or is about to commit an offence against this Part or against any regulation made under this Part or section 56 or 249B.\n\nS. 218B(3) substituted by No. 95/2005 s. 40(1), amended by No. 43/2011 s. 57(2)(3), substituted by No. 37/2014 s. 10(Sch. item 171.10).\n\n(3) An authorised officer, protective services officer or police officer who makes a request under subsection (2)—\n\n(a) must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence; and\n\n(b) must, except in the case of a police officer or protective services officer who is in uniform—\n\n(i) inform the person that he or she is an authorised officer, protective services officer or police officer; and\n\n(ii) state his or her name; and\n\n(iii) produce for inspection by the person proof that he or she is an authorised officer, protective services officer or police officer; and\n\n(c) must inform the person that a failure to comply with the request, or the provision of a false name or address, is an offence.\n\nS. 218B(4) amended by Nos 32/2002 s. 21(1), 43/2011 s. 57(4), 37/2014 s. 10(Sch. item 171.11).\n\n(4) A person must not, in response to a request made under subsection (2) by an authorised officer, protective services officer or police officer in accordance with this section—\n\n(a) refuse or fail to comply with the request; or\n\n(b) state a name that is false in a material particular; or\n\n(c) state an address other than the full and correct address of his or her ordinary place of residence or business.\n\nPenalty applying to this subsection: 5 penalty units.\n\nS. 218B(5) substituted by No. 95/2005 s. 40(2), amended by Nos 43/2011 s. 57(4), 37/2014 s. 10(Sch. item 171.11).\n\n(5) Despite subsection (4), it is not an offence for a person to fail to comply with a request made under subsection (2) if the authorised officer, protective services officer or police officer did not fully comply with subsection (3)(b) or (3)(c) in making the request.\n\nS. 218B(6) substituted by No. 95/2005 s. 40(3), amended by No. 37/2014 s. 10(Sch. item 171.12).\n\n(6) If a person states a name and address in response to a request made under subsection (2), the officer may request the person to provide evidence of the correctness of the name and address.\n\nS. 218B(6A) inserted by No. 32/2002 s. 21(2), repealed by No. 95/2005 s. 40(3).\n\nS. 218B(6B) inserted by No. 32/2002 s. 21(2), amended by No. 47/2006 s. 15(1)(a).\n\n(6B) A person must comply with a request made under subsection (6), unless he or she has a reasonable excuse for not doing so.\n\nS. 218B(6C) inserted by No. 32/2002 s. 21(2), amended by Nos 47/2006 s. 15(1)(b), 43/2011 s. 57(4), 37/2014 s. 10(Sch. item 171.13).\n\n(6C) It is not an offence for a person to fail to comply with a request made under subsection (6) if the authorised officer, protective services officer or police officer did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request.\n\nS. 218B(6D) inserted by No. 32/2002 s. 21(2), amended by Nos 47/2006 s. 15(1)(c), 43/2011 s. 57(4), 37/2014 s. 10(Sch. item 171.14).\n\n(6D) An authorised officer, protective services officer or a police officer must not divulge to any other person or use for any purpose any information received by the officer in response to a request made under subsection (6), except—\n\n(a) in connection with the administration of this Act or the regulations; or\n\nS. 218B(6D)(b) amended by No. 47/2006 s. 15(2)(a).\n\n(b) for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of such proceedings; or\n\nS. 218B(6D)(c) inserted by No. 47/2006 s. 15(2)(b).\n\n(c) for the purposes of discharging the law enforcement functions of the Sheriff; or\n\nS. 218B(6D)(d) inserted by No. 47/2006 s. 15(2)(b).\n\n(d) for any other law enforcement purposes.\n\nS. 218B(7) inserted by No. 60/1994 s. 24(4).\n\n(7) This section is subject to section 215B(8).\n\nS. 219 amended by Nos 100/1986 s. 33(a)(b), 25/1989 s. 45(a)-(d), 44/1989 s. 40(Sch. 1 items 7.2, 18, 19.1), 57/1989 s. 3(Sch. items 202.14–202.16), substituted by No. 28/1996  \ns. 10.\n\n","sortOrder":73},{"sectionNumber":"219","sectionType":"section","heading":"Power to arrest suspected offenders","content":"\t219 Power to arrest suspected offenders\n\nS. 219(1AA) inserted by No. 45/1999 s. 23(1), substituted as s. 219(1A) by No. 63/1999 s. 10, amended by No. 54/2001 s. 19(1), repealed by No. 101/2003 s. 17(5).\n\nS. 219(1) amended by Nos 45/1999 s. 23(2), 30/2000 s. 21, 101/2003 s. 17(7)(a), 52/2010 s. 34(2), 43/2011 s. 58, 37/2014 s. 10(Sch. item 171.15(a)).\n\n(1) This section applies if a police officer, a protective services officer on duty at a designated place or an authorised officer believes on reasonable grounds that a person has committed an offence against this Act or the regulations or against the **Graffiti Prevention Act 2007**.\n\nS. 219(2) amended by Nos 45/1999 s. 23(3), 101/2003 s. 17(7)(b), 37/2014 s. 10(Sch. item 171.15(b)).\n\n(2) The officer may without warrant arrest the person if the officer believes on reasonable grounds that the arrest is necessary for any one or more of the following reasons—\n\n(a) to ensure the appearance of the person before a court of competent jurisdiction; or\n\n(b) to preserve public order; or\n\n(c) to prevent the continuation or repetition of the offence or the commission of a further offence; or\n\n(d) for the safety or welfare of members of the public or of the person.\n\nS. 219(3) amended by Nos 45/1999 s. 23(4), 101/2003 s. 17(7)(b), 37/2014 s. 10(Sch. item 171.15(b)).\n\n(3) The officer may ask any other person to assist him or her to arrest an alleged offender, and that other person may assist in the arrest.\n\n(4) If an alleged offender is arrested in respect of a summary offence, he or she may only be detained for so long as the reason for the arrest under subsection (2) continues. The person detaining the alleged offender must release the alleged offender as soon as the reason ceases to exist, regardless of whether or not the alleged offender has been charged with the offence.\n\nS. 219(5) amended by Nos 101/2003 s. 17(7)(c), 37/2014 s. 10(Sch. item 171.15(c)).\n\n(5) If the person responsible for arresting an alleged offender is not a police officer or an authorised officer, the person must give the alleged offender into the charge of a police officer or an authorised officer as soon as is practicable after arresting the alleged offender (unless subsection (4) applies).\n\nS. 219(6) amended by Nos 101/2003 s. 17(7)(c), 37/2014 s. 10(Sch. item 171.15(d)).\n\n(6) If a police officer or an authorised officer arrests an alleged offender or is given charge of an alleged offender, the officer must convey the alleged offender as soon as is practicable before a bail justice or the Magistrates' Court to be dealt with according to law (unless subsection (4) applies).\n\nS. 219(7) repealed by No. 54/2001 s. 19(2).\n\nS. 219AA inserted by No. 98/1998 s. 32 (as amended by No. 45/1999 s. 43(3)(a)(b)), amended by No. 65/2000 s. 7, repealed by No. 101/2003 s. 17(8).\n\nS. 219A inserted by No. 28/1996  \ns. 10, repealed by No. 30/2000 s. 22.\n\n","sortOrder":74},{"sectionNumber":"220","sectionType":"section","heading":"Power to remove offenders","content":"\t220 Power to remove offenders\n\nS. 220(1) amended by Nos 100/1986 s. 34(a), 25/1989 s. 46(a)(i)–(iii), 44/1989 s. 40(Sch. 1 items 12, 19.1), substituted by No. 45/1999 s. 24(1), amended by Nos 63/1999 s. 11, 54/2001 s. 19(3), repealed by No. 101/2003 s. 17(9)(a).\n\nS. 220(1A) inserted by No. 45/1999 s. 24(1), amended by Nos 30/2000 s. 23(1)(a), 101/2003 s. 17(9)(b), 43/2011 s. 59(1), 37/2014 s. 10(Sch. item 171.16).\n\n(1A) A police officer, a protective services officer on duty at a designated place or an authorised officer may summarily remove a person and the person's property (if any) from—\n\nS. 220(1A)(a) amended by No. 30/2000 s. 23(1)(b).\n\n(a) any vehicle owned or operated by or on behalf of a passenger transport company or a bus company; or\n\nS. 220(1A)(b) amended by No. 30/2000 s. 23(1)(c).\n\n(b) any premises or property of a passenger transport company—\n\nin the circumstances referred to in subsection (1B).\n\nS. 220(1B) inserted by No. 45/1999 s. 24(1).\n\n(1B) For the purposes of subsection (1A), the circumstances are—\n\nS. 220(1B)(a) amended by No. 30/2000 s. 23(2)(a), substituted by No. 101/2003 s. 17(9)(c), amended by Nos 43/2011 s. 59(2)(a), 37/2014 s. 10(Sch. item 171.16).\n\n(a) that the police officer, protective services officer or authorised officer believes on reasonable grounds that the person is committing an offence against this Act or the regulations; and\n\nS. 220(1B)(b) repealed by No. 101/2003 s. 17(9)(c).\n\n(c) that the commission of the offence is or is likely to be attended with—\n\n(i) danger or annoyance to the public; or\n\nS. 220(1B) (c)(ii) amended by Nos 30/2000 s. 23(2)(b), 101/2003 s. 17(9)(d), 43/2011 s. 59(2)(b), 37/2014 s. 10(Sch. item 171.16).\n\n(ii) hindrance to any police officer or any protective services officer, any authorised officer or any employee of, or person engaged by, a passenger transport company or bus company—\n\nin lawful use of the vehicle, premises or property.\n\nS. 220(1C) inserted by No. 45/1999 s. 24(1), amended by Nos 30/2000 s. 23(3), 101/2003 s. 17(9)(b), 43/2011 s. 59(3), 37/2014 s. 10(Sch. item 171.16).\n\n(1C) In addition to the power to summarily remove a person in accordance with subsection (1A), a police officer, a protective services officer on duty at a designated place or an authorised officer may take such other action as is necessary to obviate or remove any danger, annoyance or hindrance of the kind referred to in subsection (1B)(c).\n\nS. 220(2) amended by Nos 100/1986 s. 34(b), 25/1989 s. 46(b), 44/1989 s. 40(Sch. 1 item 19.1), 45/1999 s. 24(2)(a)(b), 30/2000 s. 23(4), 101/2003 s. 17(9)(e), 43/2011 s. 59(4), 37/2014 s. 10(Sch. item 171.16).\n\n(2) A police officer, a protective services officer or an authorised officer acting under the authority of subsection (1A) or (1C) may, in order to remove a person or the property of the 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.\n\nS. 220(3) amended by Nos 25/1989 s. 46(c), 44/1989 s. 40(Sch. 1 item 19.1), 30/2000 s. 23(5), 43/2011 s. 59(5), 37/2014 s. 10(Sch. item 171.16).\n\n(3) A person who—\n\nS. 220(3)(a) amended by No. 100/1986 s. 34(c).\n\n(a) is removed or has any property removed from a vehicle or any premises or property under the authority of this section; or\n\n(b) is otherwise affected by any action taken under the authority of this section—\n\nshall have no right of action whatsoever in law against any police officer or any protective services officer arising out of that removal or action.\n\nS. 220(4) amended by Nos 25/1989 s. 46(d), 44/1989 s. 40(Sch. 1 item 19.1), 45/1999 s. 24(3), 30/2000 s. 23(6), 43/2011 s. 59(6), 37/2014 s. 10(Sch. item 171.16).\n\n(4) A person who alleges that a police officer or a protective services officer acting or purporting to act under the authority of subsection (1A) or (1C) used more force than is permitted by subsection (2) shall bear the onus of proving that more force than is permitted was used.\n\n(5) Any action taken under this section shall not prevent the institution of proceedings in respect of the offence.\n\nS. 220(6) inserted by No. 45/1999 s. 24(4), repealed by No. 101/2003 s. 17(9)(a).\n\nPt 7 Div. 4 (Heading) substituted by No. 63/1999 s. 13(2), amended by No. 95/2005 s. 22.\n\nDivision 4—Regulation of entitlement to use public transport services\n\nS. 220AA inserted by No. 95/2005 s. 41.\n\n\t220AA False reports to officers\n\nA person must not give information that is relevant or possibly relevant for the purposes of this Division (including for the purposes of any relevant regulations) and that the person knows, or believes, to be false to any of the following who is performing a function under this Division—\n\nS. 220AA(a) amended by No. 37/2014 s. 10(Sch. item 171.16).\n\n(a) any police officer;\n\nS. 220AA(ab) inserted by No. 43/2011 s. 60.\n\n(ab) a protective services officer on duty at a designated place;\n\n(b) an authorised officer;\n\nS. 220AA(c) amended by No. 56/2025 s. 23.\n\n(c) a person employed by a passenger transport company or a bus company who has duties in relation to the issue, inspection, scanning or collection of tickets and tokens for, or the operation of, a vehicle operated by the company;\n\nS. 220AA(d) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 14), 61/2011 s. 25(Sch. 2 item 5.1).\n\n(d) any other person appointed in writing by a passenger transport company, a bus company, a rail freight operator, Rail Track or the Secretary for the purposes of the regulations.\n\nS. 220A (Heading) amended by No. 56/2025 s. 24(1).\n\nS. 220A inserted by No. 95/2005 s. 23, amended by No. 56/2025 s. 24(2).\n\n","sortOrder":75},{"sectionNumber":"220A","sectionType":"section","heading":"Offence to dishonestly obtain a ticket or State token","content":"\t220A Offence to dishonestly obtain a ticket or State token\n\nA person must not by fraudulent means, by false or misleading representation, or by other dishonesty, obtain a ticket or State token.\n\nS. 220B (Heading) amended by No. 56/2025 s. 25(1).\n\nS. 220B inserted by No. 95/2005 s. 23.\n\n","sortOrder":76},{"sectionNumber":"220B","sectionType":"section","heading":"Offence to counterfeit a State token or alter a ticket or State token","content":"\t220B Offence to counterfeit a State token or alter a ticket or State token\n\nS. 220B(1) amended by No. 56/2025 s. 25(2)(a).\n\n(1) A person must not counterfeit a State token.\n\nS. 220B(2) amended by No. 56/2025 s. 25(2)(b).\n\n(2) A person must not alter, or attempt to alter, a ticket or State token with the intention of obtaining a benefit to which the person is not entitled.\n\nS. 220C inserted by No. 95/2005 s. 23, amended by No. 56/2025 s. 26.\n\n","sortOrder":77},{"sectionNumber":"220C","sectionType":"section","heading":"Offence to claim exemption or concession if not entitled","content":"\t220C Offence to claim exemption or concession if not entitled\n\nA person must not claim or take the benefit of an exemption to pay for a ticket, or of a concessionary discount of such a payment, to which the person is not entitled, if that person knows that they are not entitled to that benefit.\n\nS. 220D (Heading) amended by Nos 61/2011 s. 25(Sch. 2 item 5.1), 7/2019 s. 48(1).\n\nS. 220D inserted by No. 95/2005 s. 23.\n\n","sortOrder":78},{"sectionNumber":"220D","sectionType":"section","heading":"Head, Transport for Victoria may determine conditions","content":"\t220D Head, Transport for Victoria may determine conditions\n\nS. 220D(1) amended by Nos 61/2011 s. 25(Sch. 2 item 5.1), 7/2019 s. 48(2).\n\n(1) The Head, Transport for Victoria may determine any conditions to which an entitlement to use a specified public transport service provided by a passenger transport company or a bus company is to be subject.\n\nS. 220D(1A) inserted by No. 69/2007 s. 22.\n\n(1A) A condition determined under subsection (1) may apply, adopt or incorporate any matter contained in any document whether—\n\n(a) wholly or partially or as amended by the condition; or\n\n(b) as in force at a particular time or as in force from time to time.\n\nS. 220D(1B) inserted by No. 61/2011 s. 24(1), amended by Nos 7/2019 s. 48(3), 49/2019 s. 186(Sch. 4 item 45.35), repealed by No. 41/2020 s. 54.\n\nS. 220D(2) amended by Nos 61/2011 s. 25(Sch. 2 item 5.1), 7/2019 s. 48(4).\n\n(2) The Head, Transport for Victoria must publish any conditions determined under subsection (1) in the Government Gazette.\n\n(3) An entitlement to use a public transport service is subject to any condition determined under subsection (1) that has been published in the Government Gazette and that applies to the entitlement.\n\nS. 220D(4) amended by No. 61/2011 s. 24(2).\n\n(4) Subject to subsection (4A), if there is any inconsistency between a condition that has been determined under subsection (1) and published in the Government Gazette and any other condition relating to an entitlement to use a public transport service, the condition determined under subsection (1) is to prevail.\n\nS. 220D(4A) inserted by No. 61/2011 s. 24(3).\n\n(4A) If there is an inconsistency between a condition that has been determined under subsection (1) and any regulations made under section 221AA, the regulations prevail to the extent of the inconsistency.\n\nS. 220D(5) amended by Nos 61/2011 s. 25(Sch. 2 item 5.1), 7/2019 s. 48(4).\n\n(5) The Head, Transport for Victoria may, under subsection (1), determine conditions that are to apply in respect of entitlements that exist, but that have not been exercised, before the conditions are published in the Government Gazette.\n\n(6) Any conditions that were determined and published under section 221(1A) and that were in force immediately before the date of commencement of section 24 of the **Transport Legislation (Further Miscellaneous Amendments) Act 2005** are deemed to have been determined and published under this section.\n\nS. 220DA inserted by No. 69/2007 s. 23.\n\n\t220DA Conditions relating to overseas student travel\n\n(1) The conditions determined under section 220D(1) may include a condition providing that overseas students or specified classes of overseas students are not eligible for student concessions to use a public transport service.\n\n(2) If the conditions under section 220D include a condition of a kind referred to in subsection (1), overseas students or overseas students of a class specified in the condition are not entitled to student concessions to use a public transport service to which the condition applies.\n\nS. 220DA(3) amended by Nos 16/2010 s. 209(Sch. item 9) (as amended by No. 29/2011 s. 3(Sch. 1 item 34)), 61/2011 s. 25(Sch. 2 item 5.1), 7/2019 s. 49.\n\n(3) The determination or publication by the Head, Transport for Victoria under section 220D of, or compliance by a person with, a condition of a kind referred to in subsection (1) does not constitute discrimination on the basis of race for the purposes of the **Equal Opportunity Act 2010**.\n\n(4) For the avoidance of doubt it is declared that—\n\nS. 220DA(4)(a) amended by No. 61/2011 s. 25(Sch. 1 item 13.10).\n\n(a) the determination or publication by the Director of Public Transport under section 220D of, or the compliance by a person with, any condition determined under section 220D before the commencement day; or\n\nS. 220DA(4)(b) amended by No. 61/2011 s. 25(Sch. 1 item 13.10).\n\n(b) the approval by the Secretary or Director of Public Transport of the determination of, or the determination or publication by a passenger transport company or a bus company of, or the compliance by any person with, any condition determined under section 221(1A) before its repeal—\n\nthat provided that overseas students or overseas students of a class specified in the condition were not eligible for student concessions to use a public transport service is to be taken—\n\n(c) never to have constituted discrimination on the basis of race for the purposes only of the **Equal Opportunity Act 1995**; and\n\n(d) to be and always to have been conduct that was authorised.\n\n(5) Subsection (4) does not apply to affect—\n\n(a) any decision in respect of, or any proceeding arising from, Complaint No. 3064890 before the Victorian Human Rights and Equal Opportunity Commission to the extent only that that complaint or proceeding applies to the individual named in the complaint, as at 23 March 2007, as the person on whose behalf the complaint was lodged; or\n\n(b) any proceeding that was completed or in which judgment was given before the commencement day.\n\n(6) In this section—\n\n***commencement day*** means the date of commencement of section 23 of the **Transport Legislation Amendment Act 2007**;\n\n***overseas student*** means a person holding a visa under the Migration Act 1958 of the Commonwealth which allows the person, whether expressly or otherwise, to study in Victoria but does not include a person who is—\n\n(a) an Australian citizen; or\n\n(b) a permanent resident of Australia; or\n\n(c) a student with refugee status; or\n\n(d) an overseas exchange student; or\n\n(e) in receipt of an Australian Development Scholarship from the Commonwealth Government.\n\nSs 220DB–  \n220DE inserted by No. 80/2013 s. 8,  \nrepealed by No. 71/2016 s. 7.\n\nS. 221 amended by Nos 100/1986 s. 35, 25/1989 s. 47, 44/1989 s. 40(Sch. 1 items 2.2, 19.1), 120/1993 ss 65(2), 66(5)–(8), 76, 60/1994 s. 25(1), 68/1995 s. 47, 104/1997 s. 35, 98/1998 ss 25(d), 34, 45/1999 ss 25, 26, 30/2000 s. 24, 34/2003 s. 11, 101/2003 s. 17(10), 110/2004 s. 55, 95/2005 s. 24, 47/2006 s. 31(1) (Sch. 1 Pt 1 item 15(c)(d)), 28/2007 s. 3(Sch. item 66.2), 61/2011 s. 25(Sch. 1 item 13.11, Sch. 2 item 5.1), 3/2017 s. 50 (Sch. 1 items 10.7, 10.8), 49/2019 s. 186(Sch. 4 item 45.36), substituted by No. 34/2023 s. 63.[[12]](#endnote-13)\n\n\t221 Unauthorised use or disclosure of public transport movement information\n\n(1) A relevant entity must not use public transport movement information except in accordance with this section.\n\nPenalty: 50 penalty units.\n\n(2) A relevant entity must not disclose public transport movement information to any entity except in accordance with this section.\n\nPenalty: 50 penalty units.\n\n(3) A relevant entity may use public transport movement information—\n\n(a) in connection with the administration of this Act or regulations made under this Act; or\n\n(b) for the purposes of a legal proceeding, or a report of a legal proceeding, arising from the operation of this Act or regulations made under this Act; or\n\n(c) for a prescribed purpose; or\n\n(d) in accordance with a written direction of the Minister.\n\n(4) A relevant entity may disclose public transport movement information—\n\n(a) in connection with the administration of this Act or regulations made under this Act; or\n\n(b) for the purposes of a legal proceeding, or a report of a legal proceeding, arising from the operation of this Act or regulations made under this Act; or\n\n(c) in accordance with a written direction of the Minister; or\n\n(d) to a person who—\n\n(i) is certified in writing by the Secretary or the Head, Transport for Victoria to be a public transport industry ombudsman; and\n\n(ii) has an appropriate privacy protection policy in operation for the type of public transport movement information that the relevant entity proposes to disclose; and\n\n(iii) states in writing that the information is needed to investigate or otherwise deal with a complaint made to the person regarding public transport; or\n\n(e) to the Secretary, if the relevant entity is—\n\n(i) a passenger transport company; or\n\n(ii) a bus company; or\n\n(iii) a person who is employed by, or engaged to provide services for, a passenger transport company or a bus company and who is authorised by the company to disclose that information to the Secretary; or\n\n(iv) the Head, Transport for Victoria; or\n\n(v) an authorised officer; or\n\n(f) to the Head, Transport for Victoria, if the relevant entity is—\n\n(i) a passenger transport company; or\n\n(ii) a bus company; or\n\n(iii) a person who is employed by, or engaged to provide services for, a passenger transport company or a bus company and who is authorised by the company to disclose that information to the Head, Transport for Victoria; or\n\n(iv) the Secretary; or\n\n(v) an authorised officer.\n\n(5) A prescribed relevant entity may disclose prescribed public transport movement information to a prescribed entity for a prescribed purpose.\n\n(6) The Minister must publish a direction under subsection (3)(d) or (4)(c) in the Government Gazette as soon as practicable, unless—\n\n(a) the direction contains personal information or health information; or\n\n(b) publication is inappropriate for any other reason.\n\n(7) A written direction under subsection (3)(d) or (4)(c) expires on—\n\n(a) the first anniversary of the day on which it is made; or\n\n(b) any earlier day as specified in the direction.\n\n(8) In this section—\n\n***health information*** has the same meaning as in the **Health Records Act 2001**;\n\n***personal information*** has the same meaning as in the **Privacy and Data Protection Act 2014**;\n\n***public transport movement information*** means information or data relating to the movement of an individual into, out of or within a carriage or ticketed area;\n\n***relevant entity*** means—\n\n(a) a passenger transport company; or\n\n(b) a bus company; or\n\n(c) a person who is employed by, or engaged to provide services for, a passenger transport company or a bus company; or\n\n(d) the Secretary; or\n\n(e) the Head, Transport for Victoria; or\n\n(f) an authorised officer;\n\n***ticketed area*** means any premises or land—\n\n(a) that is the property of or occupied by the Secretary, the Head, Transport for Victoria, a passenger transport company or a bus company; and\n\n(b) for which a ticket is required to enter.\n\nS. 221AA inserted by No. 101/2003 s. 13, substituted by No. 95/2005 s. 25.\n\n\t221AA Regulations concerning entitlement to use public transport services\n\nS. 221AA(1)(a) amended by Nos 80/2013 s. 9, 71/2016 s. 8, substituted by No. 56/2025 s. 27(a).\n\n(a) regulating tickets including, for example—\n\n(i) regulating or specifying methods of obtaining a ticket and proving that a ticket exists;\n\n(ii) regulating the use of tokens, including specifying the circumstances in which a token, or anything that is claimed to be a token, is to be surrendered;\n\nS. 221AA(1)(b) amended by No. 56/2025 s. 27(b).\n\n(b) deeming the existence of contracts, or the elements of contracts, between providers, sellers (whether retail or otherwise), buyers or users of tickets, or providers of a public transport service, in relation to those tickets, and regulating or specifying the contents of those contracts;\n\nUnder a particular ticketing system a person may be able to buy a ticket to use a tram operated by a passenger transport company from an agency that is independent of the company, and then to give that ticket to a person who uses it to travel on the tram. Paragraph (b) enables the making of a regulation that could deem a contract to exist between the passenger transport company and the person on the tram.\n\n(c) ensuring that those using, or who have used, public transport services are, or were at the time of use, entitled to do so including, for example—\n\nS. 221AA (1)(c)(i) substituted by No. 56/2025 s. 27(c).\n\n(i) providing for the ascertainment of whether a person using, or who has used, a public transport service was entitled to do so, and providing for the inspection, reading, scanning and testing (by whatever means, including electronic means), whether before, during or after the use, of tickets or tokens;\n\n(ii) providing for the inspection of any documents that are required to show that the correct amount has been paid for a particular entitlement;\n\nS. 221AA (1)(ca) inserted by No. 56/2025 s. 27(d).\n\n(ca) prescribing a computer system and the related processes for the purpose of collecting, managing, processing, summarising, storing and transmitting information relating to concession entitlements for public transport services;\n\n(d) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to ensure that users of public transport services fairly contribute to the cost of providing the services.\n\n(2) The regulations—\n\n(a) may be of general or of specially limited application; and\n\n(b) may differ according to differences in time, place or circumstance; and\n\n(c) may require a matter affected by the regulations to be—\n\n(i) in accordance with a specified standard or specified requirement; or\n\n(ii) approved by or to the satisfaction of a specified person or a specified class of person; or\n\n(iii) as specified in both subparagraphs (i) and (ii); and\n\n(d) may apply, adopt or incorporate any matter contained in any document whether—\n\n(ii) as in force at a particular time or as in force from time to time; and\n\n(e) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and\n\n(f) may provide in a specified case or class of case for the exemption of people or things from any of the provisions of this Act or the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and\n\n(g) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.\n\nPt 7 Div. 4AA (Heading and ss 221A–221S) inserted by No. 45/1999 s. 27.\n\nDivision 4AA—Authorisation of persons for the purposes of enforcement\n\nS. 221A inserted by No. 45/1999 s. 27, substituted by No. 101/2003 s. 18, amended by Nos 47/2006 s. 16, 34/2011 s. 63.\n\n\t221A Authorisation of Departmental authorised officers\n\nThe Secretary may authorise a person who is employed or engaged by the Department to act as an authorised officer for the purposes of this Part.\n\nS. 221AB inserted by No. 101/2003 s. 18, amended by No. 95/2005 s. 27(1)(2) (ILA s. 39B(1)).\n\n221AB Authorisation of other authorised officers\n\nS. 221AB(1) amended by Nos 47/2006 s. 17(a), 34/2011 s. 64.\n\n(1) The Secretary may authorise a person who is employed or engaged by a passenger transport or bus company to act as an authorised officer for the purposes of this Part.\n\nS. 221AB(2) inserted by No. 95/2005 s. 27(1)(2), amended by Nos 47/2006 s. 17(b), 34/2011 s. 64.\n\n(2) The Secretary may authorise a person who is employed or engaged by the Bus Association Victoria to act as an authorised officer for the purposes of this Part.\n\nS. 221B inserted by No. 45/1999 s. 27.\n\n\t221B Application for authorisation\n\nS. 221B(1) substituted by No. 101/2003 s. 19(1), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 16(a)), 34/2011 s. 65(1).\n\n(1) A person may apply to the Secretary for authorisation under section 221AB to act as an authorised officer.\n\nS. 221B(2)(a) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 16(b)), 34/2011 s. 65(1).\n\n(a) must be in the manner and form determined by the Secretary;\n\n(i) the prescribed application fee, if any;\n\nS. 221B(3) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 16(c)), 34/2011 s. 65(2).\n\n(3) The Secretary may require an applicant—\n\nS. 221B(3)(a) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 16(c)), 34/2011 s. 65(2).\n\n(a) to furnish his or her date of birth, address and any further information specified by the Secretary; or\n\nS. 221C (Heading) inserted by No. 101/2003 s. 19(2).\n\nS. 221C inserted by No. 45/1999 s. 27, amended by Nos 101/2003 s. 19(3)(4), 95/2005 s. 27(1)(4) (ILA s. 39B(1)).\n\n\t221C Qualification requirements\n\nS. 221C(1) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 17(a)), 34/2011 s. 66.\n\n(1) The Secretary may only give a person an authorisation to act as an authorised officer if the Secretary is satisfied that the person—\n\nS. 221C(1)(a) amended by No. 95/2005 s. 28.\n\n(a) is competent to exercise the functions conferred on an authorised officer by this Part; and\n\n(b) is of good repute, having regard to character, honesty and integrity; and\n\nS. 221C(1)(c) amended by Nos 95/2005 s. 28, 47/2006 s. 31(1)(Sch. 1 Pt 1 item 17(a)), 34/2011 s. 66.\n\n(c) has agreed in writing to exercise the functions conferred on an authorised officer by this Part according to performance criteria established from time to time by the Secretary; and\n\nS. 221C(1)(d) amended by Nos 95/2005 s. 27(1)(3), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 17(a)), 34/2011 s. 66.\n\n(d) in the case of a person who is employed or engaged by a passenger transport company or bus company, is employed or engaged by a passenger transport company or bus company that is accredited by the Secretary under Division 4A.\n\nS. 221C(2) inserted by No. 95/2005 s. 27(1)(4), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 17(b)), 34/2011 s. 66.\n\n(2) In addition, in the case of a person who is employed or engaged by the Bus Association Victoria, the Secretary may only give the person an authorisation to act as an authorised officer if the Bus Association Victoria is accredited by the Secretary under Division 4A.\n\nS. 221CA inserted by No. 101/2003 s. 20.\n\n221CA Time limits on section 221AB authorisations\n\nS. 221CA(1) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 18(a)), 34/2011 s. 67.\n\n(1) In giving a person an authorisation under section 221AB, the Secretary must specify the period for which the authorisation remains valid.\n\nS. 221CA(2) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 18(b)), 34/2011 s. 67.\n\n(2) The Secretary must not specify a period that is greater than the maximum (if any) specified by the regulations for the purposes of this section.\n\nS. 221CB inserted by No. 95/2005 s. 29.\n\n\t221CB Scope of authorisation may be limited\n\nS. 221CB(1) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 19(a)), 34/2011 s. 68.\n\n(1) The Secretary may at any time limit the scope of an authorisation given to a person by—\n\n(a) specifying that the person may only exercise specified powers or functions under the authorisation; or\n\n(b) specifying that the person may not exercise specified powers or functions under the authorisation.\n\nS. 221CB(2) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 19(b)), 34/2011 s. 68.\n\n(2) If the Secretary limits the scope of a person's authorisation, he or she must give the person written details of the limitations that apply to the authorisation.\n\n(3) A limitation on a person's authorisation under this section only takes effect when the person receives the details required by subsection (2).\n\nS. 221CC inserted by No. 95/2005 s. 29.\n\n\t221CC Non-compliance with a limit\n\nA person whose authorisation is subject to a limit imposed under section 221CB must not knowingly exercise, or attempt to exercise, a power or function in contravention of the limit.\n\n1. 10 penalty units\n\nS. 221D inserted by No. 45/1999 s. 27.\n\n","sortOrder":79},{"sectionNumber":"221D","sectionType":"section","heading":"Conditions of authorisation","content":"\t221D Conditions of authorisation\n\nS. 221D(1) amended by No. 101/2003 s. 21(1)(a).\n\n(1) An authorisation is subject to—\n\n(a) any prescribed condition;\n\nS. 221D(1)(b) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 20(a)), 34/2011 s. 69.\n\n(b) any other condition imposed by the Secretary.\n\nS. 221D(2) amended by Nos 101/2003 s. 21(1)(b), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 20(b)), 34/2011 s. 69.\n\n(2) Particulars of an authorisation and of the conditions to which it is subject are to be given by the Secretary to the person authorised.\n\nS. 221E inserted by No. 45/1999 s. 27.\n\n","sortOrder":80},{"sectionNumber":"221E","sectionType":"section","heading":"Change of conditions","content":"\t221E Change of conditions\n\nS. 221E(1) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 21(a)), 34/2011 s. 70.\n\n(1) The Secretary may at any time vary or revoke a condition of an authorisation or impose a new condition.\n\nS. 221E(2) amended by Nos 101/2003 s. 21(2), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 21(b)), 34/2011 s. 70.\n\n(2) Particulars of any action taken under subsection (1) are to be given in writing by the Secretary to the person authorised.\n\nS. 221F inserted by No. 45/1999 s. 27, amended by No. 101/2003 s. 21(3).\n\n","sortOrder":81},{"sectionNumber":"221F","sectionType":"section","heading":"Non-compliance with a condition","content":"\t221F Non-compliance with a condition\n\nA person authorised under this Part must comply with any condition to which his or her authorisation is subject.\n\nS. 221FA inserted by No. 95/2005 s. 30.\n\n\t221FA Clarification of places in which certain authorised officers may operate\n\nA person authorised under section 221AB may exercise the powers of an authorised officer in, on or in relation to—\n\n(a) any vehicle owned or operated by, or on behalf of, a passenger transport company or a bus company; or\n\n(b) any land, building or other property of a passenger transport company or a bus company—\n\nregardless of whether or not he or she is employed or engaged by that company.\n\nS. 221G inserted by No. 45/1999 s. 27.\n\n","sortOrder":82},{"sectionNumber":"221G","sectionType":"section","heading":"Application for renewal of authorisation","content":"\t221G Application for renewal of authorisation\n\nS. 221G(1) substituted by No. 101/2003 s. 21(4), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 22(a)), 34/2011 s. 71.\n\n(1) A person authorised under section 221AB may apply to the Secretary for the renewal of his or her authorisation.\n\n(2) A renewal application—\n\nS. 221G(2)(a) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 22(b)), 34/2011 s. 71.\n\n(i) the prescribed renewal application fee, if any;\n\nS. 221G(3) amended by No. 25/2005 s. 10(1).\n\n(3) A renewal application must be made not later than 60 days before the expiry of the authorisation.\n\nS. 221G(4) substituted by No. 25/2005 s. 10(2), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 22(c)), 34/2011 s. 71.\n\n(4) Despite subsection (3), the Secretary may consider a renewal application made later than the time applying under subsection (3).\n\nS. 221G(4A) inserted by No. 25/2005 s. 10(2), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 22(d)), 34/2011 s. 71.\n\n(4A) If the regulations prescribe a late renewal application fee, the Secretary may only consider a renewal application made later than the time for applying under subsection (3) if the applicant pays that fee.\n\nS. 221G(5) amended by Nos 25/2005 s. 10(3), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 22(e)), 34/2011 s. 71.\n\n(5) The Secretary may refuse to consider a renewal application made earlier than 90 days before the expiry of the authorisation.\n\nS. 221H inserted by No. 45/1999 s. 27.\n\n","sortOrder":83},{"sectionNumber":"221H","sectionType":"section","heading":"Renewal of authorisation","content":"\t221H Renewal of authorisation\n\nS. 221H(1) amended by Nos 101/2003 s. 21(5)(a), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 23(a)), 34/2011 s. 72(1).\n\n(1) The Secretary may renew or refuse to renew an authorisation.\n\nS. 221H(1A) inserted by No. 26/2009 s. 5(1), amended by No. 34/2011 s. 72(2).\n\n(1A) The Secretary must not renew an authorisation of a person unless the Secretary is satisfied that the person meets the requirements of section 221C(1)(a) and (b).\n\nS. 221H(2) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 23(b)), 34/2011 s. 72(1).\n\n(2) On renewing an authorisation the Secretary may—\n\n(a) renew it as then in force; or\n\n(b) vary or revoke any of the conditions to which the authorisation is subject; or\n\n(c) impose a new condition on the authorisation.\n\nS. 221H(3) amended by Nos 101/2003 s. 21(5)(b), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 23(c)), 34/2011 s. 72(1).\n\n(3) Particulars of the renewal of an authorisation and of the conditions to which it is subject are to be given in writing by the Secretary to the authorised officer.\n\nS. 221H(4) amended by Nos 25/2005 s. 11, 47/2006 s. 31(1)(Sch. 1 Pt 1 item 23(d)), 34/2011 s. 72(1).\n\n(4) A renewed authorisation remains in force for a period determined by the Secretary not exceeding 3 years unless the authorisation is sooner revoked.\n\nS. 221H(5) amended by Nos 101/2003 s. 21(5)(c), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 23(e)), 34/2011 s. 72(2).\n\n(5) If the Secretary refuses to renew an authorisation, the Secretary must notify the person who applied for the renewal in writing of the refusal and the reasons for it.\n\nS. 221I inserted by No. 45/1999 s. 27.\n\n","sortOrder":84},{"sectionNumber":"221I","sectionType":"section","heading":"Issue of identity cards","content":"\t221I Issue of identity cards\n\nS. 221I(1) substituted by No. 101/2003 s. 21(6), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 24(a)), 34/2011 s. 73.\n\n(1) The Secretary must issue an identity card to any person authorised to act as an authorised officer.\n\nS. 221I(1A) inserted by No. 101/2003 s. 21(6), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 24(b)), 34/2011 s. 73.\n\n(1A) Despite subsection (1), the Secretary must not issue an identity card to a person authorised under section 221AB unless the person has paid the fee (if any) specified by the regulations for the purposes of this section.\n\nS. 221I(1B) inserted by No. 101/2003 s. 21(6).\n\n(1B) A person must not act or purport to act as an authorised officer unless he or she has been issued with an identity card under this section.\n\n(2) An identity card under subsection (1) must—\n\nS. 221I(2)(a) amended by No. 101/2003 s. 21(7)(a).\n\n(a) contain a photograph of the authorised officer; and\n\nS. 221I(2)(b) amended by No. 101/2003 s. 21(7)(a).\n\n(b) contain the signature of the authorised officer; and\n\nS. 221I(2)(c) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 24(c)), 34/2011 s. 73.\n\n(c) be signed by an officer of the Department authorised by the Secretary to do so either generally or in any particular case.\n\nS. 221I(3) amended by No. 101/2003 s. 21(7)(b).\n\n(3) A person issued with an identity card under this section must produce it on being requested to do so.\n\nS. 221I(4) amended by No. 101/2003 s. 21(7)(c)(i)(ii).\n\n(4) Subject to subsection (1B), any action taken or thing done by an authorised officer is not invalidated by his or her failure to produce his or her identity card.\n\nS. 221I(5) inserted by No. 101/2003 s. 21(8).\n\n(5) Subsections (3) and (4) apply regardless of whether or not the person is exercising a power under this Act or under any other Act.\n\nS. 221J (Heading) inserted by No. 101/2003 s. 21(9).\n\nS. 221J inserted by No. 45/1999 s. 27.\n\n","sortOrder":85},{"sectionNumber":"221J","sectionType":"section","heading":"Inquiry into conduct of authorised officer","content":"\t221J Inquiry into conduct of authorised officer\n\nS. 221J(1) amended by Nos 101/2003 s. 21(10)(a), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 25(a)), 34/2011 s. 74(1).\n\n(1) The Secretary may hold an inquiry for the purpose of determining whether a circumstance referred to in section 221L has occurred in relation to a person authorised under section 221AB.\n\nS. 221J(2) amended by Nos 101/2003 s. 21(10)(b), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 25(b)), 34/2011 s. 74(2).\n\n(2) Whilst the Secretary is conducting an inquiry under subsection (1), the Secretary may immediately suspend a person's authorisation during the period of the inquiry if the Secretary—\n\n(a) considers it necessary to do so in the interest of personal safety of passengers; or\n\nS. 221J(2)(b) amended by No. 101/2003 s. 21(10)(c).\n\n(b) believes, on reasonable grounds, that the person has not exercised his or her power as an authorised officer in an appropriate manner.\n\nS. 221J(3) amended by Nos 101/2003 s. 21(10)(d), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 25(c)), 34/2011 s. 74(2).\n\n(3) If, following the inquiry, the Secretary is satisfied that a circumstance referred to in section 221L has occurred in relation to the person, the Secretary may—\n\n(a) reprimand the person;\n\n(b) warn the person that should the circumstance occur again in relation to him or her, the person's authorisation may be revoked;\n\n(c) impose one or more new conditions on the authorisation;\n\nS. 221J(3)(d) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 25(c)), 34/2011 s. 74(2).\n\n(d) suspend the authorisation for a specified period or until a specified event or until a further determination made by the Secretary;\n\n(e) revoke the authorisation immediately or with effect from a specified later date.\n\nS. 221K inserted by No. 45/1999 s. 27, amended by No. 101/2003 s. 21(11).\n\n","sortOrder":86},{"sectionNumber":"221K","sectionType":"section","heading":"Effect of suspension","content":"\t221K Effect of suspension\n\nA person whose authorisation is suspended under section 221J is not authorised during the period of suspension.\n\nS. 221L inserted by No. 45/1999 s. 27, amended by Nos 101/2003 s. 21(12)(a)(b), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 26), 34/2011 s. 75.\n\n","sortOrder":87},{"sectionNumber":"221L","sectionType":"section","heading":"Revocation of authorisation","content":"\t221L Revocation of authorisation\n\nThe Secretary may at any time, by written notice served on a person authorised under section 221AB, revoke an authorisation if satisfied that—\n\nS. 221L(a) amended by No. 101/2003 s. 21(12)(c).\n\n(a) the person has on any occasion in exercising his or her functions acted unreasonably or abused his or her power; or\n\nS. 221L(ab) inserted by No. 26/2009 s. 5(2).\n\n(ab) the person is not competent to exercise the functions conferred on the person as an authorised officer by this Part; or\n\nS. 221L(ac) inserted by No. 26/2009 s. 5(2).\n\n(ac) the person is not of good repute, having regard to character, honesty and integrity; or\n\nS. 221L(b) amended by Nos 101/2003 s. 21(12)(d), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 26), 34/2011 s. 75.\n\n(b) the person has been convicted or found guilty of an offence of a kind that, in the opinion of the Secretary, renders it inappropriate that he or she continue as an authorised officer; or\n\nS. 221L(c) amended by No. 101/2003 s. 21(12)(c).\n\n(c) the person has, in connection with the granting of the authorisation, given false or misleading information;\n\nS. 221L(d) amended by No. 101/2003 s. 21(12)(c).\n\n(d) the person has not complied with a condition to which his or her authorisation is subject.\n\nS. 221M inserted by No. 45/1999 s. 27.\n\n","sortOrder":88},{"sectionNumber":"221M","sectionType":"section","heading":"Tribunal reviews","content":"\t221M Tribunal reviews\n\nS. 221M(1) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 27), 34/2011 s. 76.\n\n(1) A person may apply to the Tribunal for review of a decision of the Secretary in relation to—\n\nS. 221M(1)(a) amended by No. 101/2003 s. 21(13)(a).\n\n(a) an application for an authorisation or renewal of an authorisation by that person; or\n\nS. 221M(1)(b) amended by No. 101/2003 s. 21(13)(a).\n\n(b) that person's authorisation; or\n\n(c) that person.\n\n(2) An application for review must be made within 28 days after the later of—\n\n(a) the day on which the decision is made;\n\nS. 221M(2)(b) amended by No. 101/2003 s. 21(13)(b).\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nS. 221N inserted by No. 45/1999 s. 27, amended by No. 101/2003 s. 21(14)(a).\n\n","sortOrder":89},{"sectionNumber":"221N","sectionType":"section","heading":"Authorisations cease to exist in certain circumstances","content":"\t221N Authorisations cease to exist in certain circumstances\n\nAn authorisation under section 221AB ceases to exist by force of this section if—\n\nS. 221N(a) amended by Nos 101/2003 s. 21(14)(b)  \n(i)(ii), 95/2005 s. 27(1)(5)(a).\n\n(a) the passenger transport company or bus company by which the authorised officer is employed or engaged ceases to be accredited under Division 4A; or\n\nS. 221N(b) amended by Nos 101/2003 s. 21(14)(b)  \n(i)(ii), 95/2005 s. 27(1)(5)(b).\n\n(b) the authorised officer ceases to be employed or engaged by a passenger transport company or bus company that is accredited under Division 4A; or\n\nS. 221N(c) inserted by No. 95/2005 s. 27(1)(5)(c).\n\n(c) in the case of an authorisation granted under section 221AB(2)—\n\n(i) the Bus Association Victoria ceases to be accredited under Division 4A; or\n\n(ii) the authorised officer ceases to be employed or engaged by the Bus Association Victoria.\n\nS. 221O inserted by No. 45/1999 s. 27.\n\n","sortOrder":90},{"sectionNumber":"221O","sectionType":"section","heading":"Return of identity cards","content":"\t221O Return of identity cards\n\nS. 221O(1) amended by Nos 101/2003 s. 21(15), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 28(a)), 34/2011 s. 77(1).\n\n(1) If a person's authorisation under section 221AB—\n\nS. 221O(1)(a) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 28(a)), 34/2011 s. 77(1).\n\n(a) is revoked by the Secretary under section 221L; or\n\n(b) ceases to exist by force of section 221N—\n\nthe person must immediately deliver to the Secretary the identity card issued to him or her under section 221I(1).\n\nS. 221O(2) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 28(b)), 34/2011 s. 77(2).\n\n(2) If an identity card issued to a person under section 221I(1)—\n\n(a) becomes illegible; or\n\n(b) is altered; or\n\n(c) is defaced—\n\nthe person issued with that identity card must immediately deliver the identity card to the Secretary.\n\nS. 221P inserted by No. 45/1999 s. 27, amended by Nos 101/2003 s. 21(16), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 29), 34/2011 s. 78.\n\n","sortOrder":91},{"sectionNumber":"221P","sectionType":"section","heading":"Lost, stolen or destroyed identity cards to be reported","content":"\t221P Lost, stolen or destroyed identity cards to be reported\n\nIf an identity card issued under section 221I to a person authorised under section 221AB is lost, stolen or destroyed, the person issued with that identity card must immediately notify, in writing, the Secretary of that fact.\n\nS. 221Q inserted by No. 45/1999 s. 27, amended by Nos 101/2003 s. 21(17), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 30), 34/2011 s. 79.\n\n","sortOrder":92},{"sectionNumber":"221Q","sectionType":"section","heading":"Replacement of identity cards","content":"\t221Q Replacement of identity cards\n\nThe Secretary, on the payment of the prescribed fee (if any), may issue a new identity card to a person authorised under section 221AB if the Secretary is satisfied that the identity card issued to that person under section 221I(1)—\n\n(a) is illegible;\n\n(b) has been altered or defaced; or\n\n(c) has been lost, stolen or destroyed.\n\nS. 221R (Heading) inserted by No. 101/2003 s. 21(18).\n\nS. 221R inserted by No. 45/1999 s. 27, amended by No. 101/2003 s. 21(19).\n\n","sortOrder":93},{"sectionNumber":"221R","sectionType":"section","heading":"Offence to falsely represent oneself as an authorised officer","content":"\t221R Offence to falsely represent oneself as an authorised officer\n\nA person must not falsely represent himself or herself to be an authorised officer.\n\nS. 221S inserted by No. 45/1999 s. 27.\n\n","sortOrder":94},{"sectionNumber":"221S","sectionType":"section","heading":"Application by proposed employee","content":"\t221S Application by proposed employee\n\nS. 221S(1) amended by Nos 95/2005 s. 27(1)(6), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 31(a)), 69/2007 s. 40(3), 34/2011 s. 80(1).\n\n(1) A person who is seeking, or proposing to seek, to become employed or engaged by a passenger transport company or bus company or by the Bus Association Victoria may apply to the Secretary for a certificate as to whether or not, in the opinion of the Secretary, that person meets the criteria specified in section 221C(1)(a) and (b).\n\nS. 221S(2)(a) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 31(b)), 34/2011 s. 80(2).\n\n(i) the prescribed application fee, if any;\n\nS. 221S(3) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 31(c)), 34/2011 s. 80(1).\n\n(3) The Secretary may require an applicant—\n\nS. 221S(3)(a) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 31(c)), 34/2011 s. 80(1).\n\n(a) to furnish further information specified by the Secretary; or\n\nS. 221T inserted by No. 34/2003 s. 12, amended by No. 101/2003 s. 21(20), repealed by No. 82/2012 s. 297.\n\nPt 7 Div. 4AAA (Headings and ss 221U–221ZI) inserted by No. 9/2006 s. 122.\n\nDivision 4AAA—Transport safety offences\n\nSubdivision 1—Interpretation\n\nS. 221U inserted by No. 9/2006 s. 122.\n\n","sortOrder":95},{"sectionNumber":"221U","sectionType":"section","heading":"Definitions","content":"\t221U Definitions\n\nS. 221U def. of *authorised person* amended by Nos 43/2011 s. 61, 61/2011 s. 25(Sch. 2 item 5.2(a)), 37/2014 s. 10(Sch. item 171.17), 3/2017 s. 50(Sch. 1 item 10.9(a)).\n\n***authorised person*** means—\n\n(a) a person employed by a passenger transport company or a bus company who has duties in relation to the operation of a road vehicle or a rail vehicle operated by the passenger transport company or bus company; or\n\n(b) a police officer; or\n\n(ba) a protective services officer on duty at a designated place; or\n\n(c) an authorised officer; or\n\n(d) a transport safety officer; or\n\n(e) any other person appointed in writing by a passenger transport company, a rail freight operator, Rail Track, the Head, Transport for Victoria or the Secretary for the purposes of this Division;\n\n***bicycle*** means a vehicle with one or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor), and—\n\n(a) includes a pedicab, penny-farthing, scooter, tricycle and unicycle;\n\n(b) does not include a wheelchair, wheeled recreational device, wheeled toy, or any vehicle with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating);\n\nS. 221U def. of *commercial passenger vehicle* repealed by No. 63/2017 s. 21(Sch. 1 item 10.24(a)).\n\nS. 221U def. of *container weight declaration* substituted by No. 7/2019 s. 50(1).\n\n***container weight declaration*** has the same meaning as in the Heavy Vehicle National Law (Victoria);\n\nS. 221U def. of *freight container* substituted by No. 7/2019 s. 50(2).\n\n***freight container*** has the same meaning as in the Heavy Vehicle National Law (Victoria);\n\nS. 221U def. of *level crossing* amended by Nos 75/2010 s. 24(1), 7/2019 s. 38.\n\n***level crossing*** means—\n\n(a) an area where a road and railway tracks cross at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area; or\n\n(b) an area where a road and tramway tracks cross at substantially the same level and that has a level crossing sign on the road at each entrance to the area;\n\nRule 120 of the Road Rules, within the meaning of section 3(1) of the **Road Safety Act 1986**, includes diagrams of level crossing signs.\n\n***operator***, in relation to a vehicle, means a person who is responsible for controlling or directing the operations of the vehicle in connection with a business for, or involving, the transport of goods or passengers by road but does not include a person who merely—\n\n(a) arranges for the registration of the vehicle; or\n\n(b) maintains, or arranges for the maintenance of, the vehicle;\n\nS. 221U def. of *private omnibus* amended by No. 13/2009 s. 92(8) (as amended by No. 6/2010 s. 203(1)(Sch. 6 item 4.5)).\n\n***private omnibus*** means a motor vehicle that is used for operating a community and private bus service within the meaning of the **Bus Safety Act 2009**;\n\nS. 221U def. of *rail premises* amended by Nos 61/2011 s. 25(Sch. 2 item 5.2(b)), 3/2017 s. 50(Sch. 1 item 10.9(b)), 49/2019 s. 186(Sch. 4 item 45.37(a)).\n\n***rail premises*** means any land, building, premises or structure owned, occupied or leased by—\n\n(a) a passenger transport company or the Secretary on behalf of the Crown or the Head, Transport for Victoria in connection with their capacity as providers of passenger services; or\n\n(b) a rail freight operator in connection with its capacity as a provider of a rail freight service; or\n\n(c) Rail Track;\n\nS. 221U def. of *railway track* amended by Nos 61/2011 s. 25(Sch. 2 item 5.2(b)), 3/2017 s. 50(Sch. 1 item 10.9(b)), 49/2019 s. 186(Sch. 4 item 45.37(b)).\n\n***railway track***  means a railway used by a passenger transport company, rail freight operator or the Secretary on behalf of the Crown or the Head, Transport for Victoria to operate a railway for the carriage of passengers or freight;\n\n***rail vehicle***  means a vehicle that operates on or uses a railway track for the carriage of passengers or freight and includes a train, carriage and wagon;\n\nS. 221U def. of *road vehicle* amended by No. 63/2017 s. 21(Sch. 1 item 10.24(b)).\n\n***road vehicle*** means any vehicle propelled by any form of motive power that is used or intended for use by a passenger transport company, bus company or rail freight operator for the carriage of passengers or freight on any road and includes—\n\n(a) a tram that operates on or uses a tramway track;\n\n(c) a private omnibus;\n\nS. 221U def. of *taxi-cab* repealed by No. 63/2017 s. 21(Sch. 1 item 10.24(a)).\n\nS. 221U def. of *tramway track* amended by Nos 61/2011 s. 25(Sch. 2 item 5.2(b)), 3/2017 s. 50(Sch. 1 item 10.9(b)), 49/2019 s. 186(Sch. 4 item 45.37(c)).\n\n***tramway track***  means a railway used by a passenger transport company or the Secretary on behalf of the Crown or the Head, Transport for Victoria to operate a tramway for the carriage of passengers;\n\n***vehicle*** means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes—\n\n(a) a motor vehicle;\n\n(b) a trailer;\n\n(c) a tram;\n\n(d) a train;\n\n(e) a bicycle;\n\n(f) an air-cushion vehicle;\n\n(g) an animal that is being ridden or is drawing a vehicle;\n\n(h) a combination of motor vehicles consisting of a motor vehicle connected to one or more vehicles—\n\nbut does not include—\n\n(i) a wheelchair other than a motorised wheelchair capable of a speed of 10 kilometres per hour or more; or\n\n(j) a wheeled recreational device; or\n\n(k) a wheeled toy;\n\n***wheeled recreational device*** means a wheeled device, built to transport a person, propelled by human power or gravity, and ordinarily used for recreation or play, and—\n\n(a) includes rollerblades, rollerskates, a skateboard or similar wheeled device;\n\n(b) does not include a golf buggy, pram, stroller or trolley, or a bicycle, wheelchair or wheeled toy;\n\n***wheeled toy*** means a child's pedal car, scooter or tricycle or a similar toy.\n\nS. 221V inserted by No. 9/2006 s. 122.\n\n","sortOrder":96},{"sectionNumber":"221V","sectionType":"section","heading":"Exclusion of mistake of fact defence","content":"\t221V Exclusion of mistake of fact defence\n\n(1) This section applies if a provision of this Division states that a person does not have the benefit of the mistake of fact defence for an offence.\n\n(2) It is not a defence to a charge for the offence for the person to prove that, at or before the time of the conduct constituting the offence, the person was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence.\n\nS. 221W inserted by No. 9/2006 s. 122.\n\n","sortOrder":97},{"sectionNumber":"221W","sectionType":"section","heading":"Statement that mistake of fact defence does not apply not to affect other offences","content":"\t221W Statement that mistake of fact defence does not apply not to affect other offences\n\nA statement in this Division that a person does not have the benefit of the mistake of fact defence is solely intended for the purposes of this Division, and it is not intended to affect the question of whether that defence is, or is not, available to a person in relation to any offence outside this Division.\n\n","sortOrder":98},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Offences","content":"Subdivision 2—Offences\n\nS. 221X inserted by No. 9/2006 s. 122.\n\n","sortOrder":99},{"sectionNumber":"221X","sectionType":"section","heading":"Overdimensional vehicles crossing tracks","content":"\t221X Overdimensional vehicles crossing tracks\n\nS. 221X(1) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 7/2019 s. 51(1)(a)(b), 49/2019 s. 186(Sch. 4 item 45.38).\n\n(1) A person must not, except in accordance with a permit granted by the Head, Transport for Victoria under section 221XA, drive or convey, or attempt to drive or convey, across a railway track—\n\nS. 221X(1)(a) amended by No. 75/2010 s. 24(2), substituted by No. 7/2019 s. 51(1)(c).\n\n(a) a vehicle of a mass that exceeds a mass limit that applies to that vehicle under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria); or\n\n(b) a vehicle which, either by itself or in combination with any load carried by it, exceeds—\n\n(i) the maximum allowable length; or\n\n(ii) the maximum allowable height (when measured from the highest surface of the track to be crossed); or\n\n(iii) the maximum allowable width—\n\nspecified by notice under section 221ZA; or\n\n(c) a vehicle which may obstruct, displace or interfere with—\n\n(i) the track to be crossed; or\n\nS. 221X(1)  \n(c)(ii) substituted by No. 7/2019 s. 51(1)(d).\n\n(ii) rail infrastructure in the vicinity of the track.\n\nS. 221X(2) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 7/2019 s. 51(2)(a)(b), 49/2019 s. 186(Sch. 4 item 45.38).\n\n(2) A person must not, except in accordance with a permit granted by the Head, Transport for Victoria under section 221XA, drive or convey, or attempt to drive or convey, across or along a tramway track—\n\nS. 221X(2)(a) amended by No. 75/2010 s. 24(2), substituted by No. 7/2019 s. 51(2)(c).\n\n(a) a vehicle of a mass that exceeds a mass limit that applies to that vehicle under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria); or\n\n(b) a vehicle which, either by itself or in combination with any load carried by it, exceeds—\n\n(i) the maximum allowable length; or\n\n(ii) the maximum allowable height (when measured from the highest surface of the track to be crossed); or\n\n(iii) the maximum allowable width—\n\nspecified by notice under section 221ZA; or\n\nS. 221X(2)(c) substituted by No. 7/2019 s. 51(2)(d).\n\n(c) a vehicle that may obstruct, displace or interfere with—\n\n(i) the track to be driven across or along; or\n\n(ii) any tram infrastructure in the vicinity of the track.\n\n(3) A person charged with an offence under subsection (1) or (2) does not have the benefit of the mistake of fact defence.\n\nSection 221V sets out how subsection (3) operates.\n\nS. 221X(4) amended by Nos 75/2010 s. 24(2), 7/2019 s. 51(3)(a)(b).\n\n(4) If a vehicle of a mass that exceeds a mass limit that applies to that vehicle under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria) is driven or conveyed or attempted to be driven or conveyed—\n\n(a) across a railway track in contravention of subsection (1); or\n\nS. 221X(4)(b) amended by No. 7/2019 s. 51(3)(c).\n\n(b) across or along a tramway track in contravention of subsection (2)—\n\nthe person charged with an offence under subsection (1) or (2) has the benefit of the reasonable steps defence so far as it relates to reliance on the weight stated in a container weight declaration.\n\nSection 221Z sets out how this defence operates.\n\nS. 221X(5)(6) amended by No. 61/2011 s. 25(Sch. 1 item 13.6), repealed by No. 7/2019 s. 51(4).\n\nS. 221X(7) repealed by No. 7/2019 s. 51(4).\n\nS. 221X(8) amended by Nos 61/2011 s. 25(Sch. 1 item 13.12), 61/2011 s. 25(Sch. 1 item 13.6), repealed by No. 7/2019 s. 51(4).\n\nS. 221X(9) amended by No. 61/2011 s. 25(Sch. 1 item 13.6), repealed by No. 7/2019 s. 51(4).\n\nS. 221XA inserted by No. 7/2019 s. 52.\n\n\t221XA Permit for overdimensional vehicles to cross tracks\n\nS. 221XA(1) amended by No. 49/2019 s. 186(Sch. 4 item 45.39).\n\n(1) A person may apply to the Head, Transport for Victoria for a permit to drive or convey a vehicle—\n\n(a) across a railway track for the purposes of section 221X(1); or\n\n(b) across or along a tramway track for the purposes of section 221X(2).\n\n(2) An application under subsection (1) must be accompanied by the fee specified by notice under section 221ZA for an application of that kind.\n\nS. 221XA(3) amended by No. 49/2019 s. 186(Sch. 4 item 45.39).\n\n(3) On receiving an application under subsection (1), the Head, Transport for Victoria may—\n\n(a) grant the application and issue the permit; or\n\n(b) refuse to grant the application.\n\nS. 221XA(4) amended by No. 49/2019 s. 186(Sch. 4 item 45.39).\n\n(4) The Head, Transport for Victoria may impose conditions on a permit granted under subsection (3).\n\nS. 221XB inserted by No. 7/2019 s. 52.\n\n\t221XB Additional charges\n\nS. 221XB(1) amended by No. 49/2019 s. 186(Sch. 4 item 45.40(a)).\n\n(1) If, in the opinion of the Head, Transport for Victoria, one or more employees in the Department must, in the interests of safety, be present when the vehicle is driven or conveyed across the railway track or is driven or conveyed across or along the tramway track, the Head, Transport for Victoria may, in addition to the fee referred to in section 221XA(2), impose any other charge specified by notice under section 221ZA.\n\nS. 221XB(2) amended by No. 49/2019 s. 186(Sch. 4 item 45.40(b)).\n\n(2) If, in the opinion of the Head, Transport for Victoria, one or more employees or agents of Rail Track, a passenger transport company or a rail freight operator must, in the interests of safety, be present when the vehicle is driven or conveyed across the railway track or is driven or conveyed across or along the tramway track, Rail Track, the passenger transport company or the rail freight operator may impose a charge specified by notice under section 221ZA.\n\nS. 221XC inserted by No. 7/2019 s. 52.\n\n221XC Refunds\n\nS. 221XC(1) amended by No. 49/2019 s. 186(Sch. 4 item 45.41).\n\n(1) The Head, Transport for Victoria may—\n\n(a) refund, in whole or in part, any fee or charge paid under section 221XA or 221XB; or\n\n(b) waive, in whole or in part, any fee or charge payable under section 221XA or 221XB.\n\n(2) Rail Track, a passenger transport company or a rail freight operator may—\n\n(a) refund, in whole or in part, any charge paid under section 221XB; or\n\n(b) waive, in whole or in part, any charge payable under section 221XB.\n\nS. 221XD inserted by No. 7/2019 s. 52, amended by No. 49/2019 s. 186(Sch. 4 item 45.42).\n\n\t221XD Offence to fail to comply with permit conditions\n\nA person must comply with any conditions imposed by the Head, Transport for Victoria on a permit granted under section 221XA.\n\nPenalty: 20 penalty units.\n\nS. 221Y inserted by No. 9/2006 s. 122.\n\n\t221Y Operators of overdimensional vehicles crossing tracks without permission also guilty of offence\n\nS. 221Y(1) amended by No. 7/2019 s. 53(1)(a).\n\n(1) If a vehicle is driven or conveyed or attempted to be driven or conveyed—\n\n(a) across a railway track in contravention of section 221X(1); or\n\nS. 221Y(1)(b) amended by No. 7/2019 s. 53(1)(b).\n\n(b) across or along a tramway track in contravention of section 221X(2); or\n\nS. 221Y(1)(c) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 7/2019 s. 53(1)(c), 49/2019 s. 186(Sch. 4 item 45.43).\n\n(c) not in accordance with a condition imposed by the Head, Transport for Victoria on a permit granted under section 221XA—\n\nthe operator of the vehicle  is guilty of an offence and is liable to a penalty not exceeding 20 penalty units.\n\n(2) A person charged with an offence under this section does not have the benefit of the mistake of fact defence.\n\nSection 221V sets out how subsection (2) operates.\n\nS. 221Y(3) amended by Nos 75/2010 s. 24(2), 7/2019 s. 53(2)(a).\n\n(3) If a vehicle that exceeds a mass limit that applies to that vehicle under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria) is driven or conveyed or attempted to be driven or conveyed—\n\n(a) across a railway track in contravention of section 221X(1); or\n\nS. 221Y(3)(b) amended by No. 7/2019 s. 53(2)(b).\n\n(b) across or along a tramway track in contravention of section 221X(2)—\n\nthe person charged with an offence under subsection (1)(a) or (b) has the benefit of the reasonable steps defence so far as it relates to reliance on the weight stated in a container weight declaration.\n\nSection 221Z sets out how this defence operates.\n\nS. 221Z inserted by No. 9/2006 s. 122.\n\n\t221Z Reasonable steps defence—reliance on container weight declaration\n\n(a) a person is charged with an offence under section 221X(1) or (2); or\n\n(b) the operator of a vehicle is charged with an offence under section 221Y(1)(a) or (b)—\n\nand the person or operator has (as the case requires) the benefit, under section 221X(4) or 221Y(3), of the reasonable steps defence so far as it relates to reliance on the weight stated in a container weight declaration.\n\n(2) To the extent that the weight of a freight container and its contents is relevant to the offence, the person charged may rely on the weight stated in the relevant container weight declaration, unless it is established that the person knew, or ought reasonably to have known, that—\n\n(a) the stated weight was lower than the actual weight; or\n\nS. 221Z(2)(b) amended by Nos 75/2010 s. 24(2), 7/2019 s. 54.\n\n(b) the distributed weight of the container and its contents, together with—\n\n(i) the mass or location of any other load; or\n\n(ii) the mass of the vehicle or any part of it—\n\nwould result in the breach of a mass limit that applies under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria).\n\nS. 221ZA inserted by No. 9/2006 s. 122, amended by No. 61/2011 s. 25(Sch. 1 item 13.6), substituted by No. 7/2019 s. 55.\n\n\t221ZA Specification of vehicle limits and fees for overdimensional vehicles crossing tracks\n\nS. 221ZA(1) amended by No. 49/2019 s. 186(Sch. 4 item 45.44).\n\n(1) The Head, Transport for Victoria, by notice published in the Government Gazette, may specify any one or more of the following—\n\n(a) subject to subsection (2), the maximum allowable length, height or width for a vehicle either by itself or in combination with any load carried by it for the purposes of section 221X(1) or (2);\n\n(b) the fee payable for the application for a permit under section 221XA;\n\n(c) any charge imposed under section 221XB(1) or (2).\n\n(2) The maximum allowable width that may be specified by notice under this section for the purposes of section 221X(1) must not be less than 5 metres.\n\nS. 221ZA(2A) inserted by No. 34/2023 s. 65.\n\n(2A) For the purposes of subsection (1)(a) and subject to subsection (2), a notice may differ according to differences in time, place or circumstance.\n\n(3) A fee specified by notice under this section for an application for a permit under section 221XA may differ according to differences in the nature of the application.\n\n(4) A charge specified by notice under this section for the purposes of section 221XB(1) or (2) may differ according to differences in time, place or circumstance.\n\nS. 221ZB inserted by No. 9/2006 s. 122.\n\n221ZB Animals on railway tracks\n\nA person must not take or attempt to take an animal across railway tracks at a pedestrian or level crossing—\n\n(a) when warning signals or devices are operating at the crossing; or\n\n(b) when gates at the crossing are closed or locked; or\n\n(c) when a rail vehicle is entering the crossing; or\n\n(d) when a rail vehicle can be seen or heard approaching and there would be a danger of a collision with the animal if it entered the crossing; or\n\n(e) if the crossing or the path beyond the crossing is blocked; or\n\n(f) when directed not to do so by an authorised person.\n\nS. 221ZC inserted by No. 9/2006 s. 122.\n\n221ZC Placing things on tracks\n\nA person must not place any thing on a railway track or a tramway track unless the person is driving a vehicle and places the vehicle on a railway track or tramway track in the normal course of driving.\n\nS. 221ZD inserted by No. 9/2006 s. 122.\n\n221ZD Mounting a place not intended for travel etc.\n\n(1) A person must not, without reasonable excuse, mount or attempt to mount a part of a locomotive, rail vehicle or road vehicle  not intended for the purpose of travel by passengers.\n\n1. 15 penalty units.\n\nMounting roof of a rail vehicle or road vehicle, leading brake van of a rail vehicle, brake van of a rail vehicle, driver's cabin of a road vehicle, coupling or communication platform of a rail vehicle.\n\n(2) A person must not, without reasonable excuse, walk or climb on any part of rail premises  not intended for use by passengers or the public.\n\n1. 15 penalty units.\n\nS. 221ZE inserted by No. 9/2006 s. 122.\n\n221ZE Travelling in a place not intended for travel etc.\n\n(1) A person must not, without reasonable excuse, travel or attempt to travel on a part of a locomotive,  rail vehicle or road vehicle  not intended for the purpose of travel.\n\nTravelling on the roof of a rail vehicle or road vehicle, leading brake van of a rail vehicle, brake van of a rail vehicle, driver's cabin of a road vehicle, coupling or communication platform of a rail vehicle.\n\n(2) A rider of a bicycle or a person in or on a wheeled recreational device or wheeled toy must not attach or attempt to attach himself or herself or another person or the bicycle, wheeled recreational device or wheeled toy to the exterior of a rail vehicle or road vehicle for any purpose.\n\nA bicycle rider attached to a tram to enable the rider and the bicycle to be pulled along behind the tram.\n\nS. 221ZF inserted by No. 9/2006 s. 122.\n\n\t221ZF Applying brake or emergency device\n\nA person must not, without reasonable excuse—\n\n(a) apply any brake or make use of any emergency device fitted to a rail vehicle or road vehicle; or\n\n(b) make use of any emergency device on rail premises.\n\nEmergency devices include an emergency button on a station communication board or on an escalator.\n\nS. 221ZG inserted by No. 9/2006 s. 122.\n\n221ZG Stopping a rail vehicle or road vehicle\n\nA person must not, without reasonable excuse, cause or attempt to cause a rail vehicle or road vehicle in motion to be stopped.\n\nS. 221ZH inserted by No. 9/2006 s. 122.\n\n221ZH Operating equipment\n\nS. 221ZH(1) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.45).\n\n(1) A person must not, without the permission of an authorised person—\n\n(a) move or attempt to move;\n\n(b) interfere or attempt to interfere with;\n\n(c) tamper or attempt to tamper with;\n\n(d) operate or attempt to operate—\n\nany equipment, rail vehicle or road vehicle, owned or operated by a passenger transport company, bus company or the Head, Transport for Victoria in connection with the operation of a passenger service.\n\n(2) A person must not, without the permission of an authorised person—\n\n(a) move or attempt to move;\n\n(b) interfere or attempt to interfere with;\n\n(c) tamper or attempt to tamper with;\n\n(d) operate or attempt to operate—\n\nany equipment, rail vehicle, owned or operated by a rail freight operator in connection with its rail freight service or by Rail Track.\n\nS. 221ZI inserted by No. 9/2006 s. 122.\n\n\t221ZI Permitting drainage\n\nA person must not cause or permit drainage or sewage to flow or empty from any premises occupied by the person onto land or premises the property of Rail Track.\n\nPt 7 Div. 4AB (Heading) inserted by No. 63/1999 s. 13(3).\n\nDivision 4AB—Further offences\n\nS. 222 amended by Nos 100/1986 s. 36(1), 44/1989 s. 40(Sch. 1 items 2.2, 19.1), 120/1993 ss 66(9)(10), 68, 68/1995 s. 48, 98/1998 s. 25(e), 30/2000 s. 25, 54/2001 s 20, 45/2005 s. 26, 47/2006 s. 31(1)(Sch. 1 Pt 1 item 32), repealed by No. 9/2006 s. 123.\n\nS. 222A inserted by No. 45/2005 s. 27 (as amended by No. 95/2005 s. 20), amended by No. 47/2006 s. 31(1)(Sch. 1 Pt 1 item 33), repealed by No. 95/2005 s. 42.\n\nS. 222B inserted by No. 69/2007 s. 24.\n\n","sortOrder":100},{"sectionNumber":"222B","sectionType":"section","heading":"Interference with prescribed equipment","content":"\t222B Interference with prescribed equipment\n\nS. 222B(1) amended by Nos 61/2011 s. 29(2), 49/2019 s. 186(Sch. 4 item 45.46).\n\n(1) A person must not—\n\n(a) move or attempt to move; or\n\n(b) interfere with or attempt to interfere with; or\n\n(c) tamper or attempt to tamper with—\n\nany prescribed equipment or equipment in a prescribed class of equipment owned by the Head, Transport for Victoria or operated by or on behalf of the Head, Transport for Victoria.\n\nS. 222B(2) amended by Nos 61/2011 s. 29(2), 49/2019 s. 186(Sch. 4 item 45.46).\n\n(2) Subsection (1) does not apply to anything done by any person acting on behalf of, or with the permission of, the Head, Transport for Victoria.\n\nS. 223 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 45.47).\n\nS. 223 amended by Nos 100/1986 s. 37, 44/1989 s. 40(Sch. 1 item 2.2), 81/1990 s. 7(7), 120/1993 s. 66(11)(a)(b), 30/2000 s. 26, substituted by No. 9/2006 s. 124, amended by Nos 69/2007 s. 40(4), 49/2019 s. 186(Sch. 4 item 45.48).\n\n","sortOrder":101},{"sectionNumber":"223","sectionType":"section","heading":"Offence to trespass on land or premises of the Head, Transport for Victoria or Rail Track","content":"\t223 Offence to trespass on land or premises of the Head, Transport for Victoria or Rail Track\n\nA person must not wilfully trespass on any land or premises owned or occupied by the Head, Transport for Victoria or Rail Track.\n\nS. 223A inserted by No. 81/1990 s. 3, amended by Nos 120/1993 s. 69, 46/1998 s. 7(Sch. 1), 98/1998 s. 35 (1)(a)(b)(2), 54/2001 s. 21, 47/2006 s. 31(1)(Sch. 1 Pt 1 item 34), repealed by No. 59/2007 s. 28(1).\n\nS. 223B inserted by No. 81/1990 s. 3, amended by No. 98/1998 s. 35(1)(a)(c), repealed by No. 59/2007 s. 28(1).\n\nS. 223C inserted by No. 81/1990 s. 3, amended by No. 98/1998 s. 35(3), repealed by No. 59/2007 s. 28(1).\n\nS. 223D inserted by No. 81/1990 s. 3, amended by No. 98/1998 s. 35(4), repealed by No. 59/2007 s. 28(1).\n\nS. 223E inserted by No. 81/1990 s. 3, amended by Nos 30/2000 s. 27, 47/2006 s. 60, 48/2006 s. 42(Sch. items 36.1–36.4), repealed by No. 59/2007 s. 28(1).\n\nS. 223F inserted by No. 81/1990 s. 3, amended by No. 49/1991 s. 119(7)  \n(Sch. 4 item 20), repealed by No. 59/2007 s. 28(1).\n\nS. 224 amended by No. 44/1989 s. 40(Sch. 1 item 17), repealed by No. 37/1996 s. 10, new s. 224 inserted by No. 95/2005 s. 43.\n\n","sortOrder":102},{"sectionNumber":"224","sectionType":"section","heading":"Offence to provide false or misleading information","content":"\t224 Offence to provide false or misleading information\n\n(1) A person must not either deliberately or recklessly—\n\n(a) provide any information under this Act that is false or misleading in a material detail; or\n\n(b) provide under this Act any document that is false or misleading in a material detail; or\n\n(c) make any representation under this Act that provides a false or misleading impression of a material detail; or\n\n(d) fail to include any material matter in any information or document provided under this Act if the failure causes the information or document to be false or misleading; or\n\n(e) engage in conduct, or a course of conduct, for a purpose that is relevant to this Act, if that conduct is misleading or deceptive, or is likely to mislead or deceive.\n\nS. 224(2) amended by No. 56/2025 s. 28.\n\n(2) Subsection (1) does not apply to any conduct that is an offence under section 220AA (false reports to officers).\n\n(3) Subsection (1)(b) does not apply if, at the time the person provided the document to the person or body to whom the document was provided, the person either—\n\n(a) informed that person or body that the record contained a material detail that was false or misleading and specified in what respect it was false or misleading; or\n\n(b) took all reasonable steps to provide that person or body with that information.\n\n(4) A reference in this section to \"under this Act\" or \"relevant to this Act\" is to be read as including a reference to any purpose associated with this Act or the regulations, and regardless of whether the information, document, representation or conduct was required to be provided, or was provided voluntarily.\n\nS. 225 amended by Nos 100/1986 s. 38, 44/1989 s. 40(Sch. 1 item 19.1), 60/1994 s. 25(2), 28/1996  \ns. 4(j), 45/1999 s. 28, 101/2003 s. 21(21)(22), substituted by No. 95/2005 s. 45 (as amended by No. 47/2006 s. 34).\n\n","sortOrder":103},{"sectionNumber":"225","sectionType":"section","heading":"Offence to assault or obstruct officers etc.","content":"\t225 Offence to assault or obstruct officers etc.\n\n(1) In this section—\n\nS. 225(1) def. of  \n*officer* amended by Nos 6/2010 s. 199(3)  \n(Sch. 3 item 12.3), 35/2017 s. 66, 63/2017 s. 21(Sch. 1 item 10.25), 49/2019 s. 186(Sch. 4 item 45.49), 34/2023 s. 127(Sch. 1 item 17.5), 56/2025 s. 29(a).\n\n***officer*** means—\n\n(a) any employee in the Department or of Safe Transport Victoria or an authorised officer, who is acting in the execution of their duty under this or any other Act, or under regulations made under this Act;\n\n(b) a person employed by a passenger transport company or a bus company who has duties in relation to the issue, inspection, scanning or collection of tickets and tokens for, or the operation of, a vehicle operated by the company who is acting in the execution of their duties;\n\n(c) any other person appointed in writing by a passenger transport company, a bus company, a rail freight operator, Rail Track or the Secretary for the purposes of the regulations who is acting in the execution of their duties in relation to the appointment;\n\nS. 225(1) def. of *officer's assistant* amended by No. 56/2025 s. 29(b).\n\n***officer's assistant*** means any person lawfully assisting an officer in the execution of the officer's duty under this or any other Act, or under regulations made under this Act.\n\n(2) A person must not, without reasonable excuse, assault or incite or encourage any other person to assault an officer or an officer's assistant.\n\n(3) A person must not, without reasonable excuse—\n\n(a) resist, obstruct, hinder or refuse to comply with a lawful request or direction of; or\n\n(b) incite or encourage any other person to resist, obstruct, hinder or refuse to comply with a lawful request or direction of—\n\nan officer or an officer's assistant.\n\n60 penalty units, in any other case.\n\nS. 225A inserted by No. 81/1990 s. 5,  \namended by Nos 120/1993 s. 66(12), 60/1994 s. 25(2), 28/1996 s. 4(j), 45/1999 s. 29, 101/2003 s. 21(21), repealed by No. 95/2005 s. 44.\n\nS. 225B inserted by No. 81/1990 s. 5,  \namended by Nos 60/1994 s. 25(3)(a)(b), 28/1996 s. 4(j), substituted by No. 95/2005 s. 46.\n\n","sortOrder":104},{"sectionNumber":"225B","sectionType":"section","heading":"Offence to impersonate an officer","content":"\t225B Offence to impersonate an officer\n\nA person must not, directly or indirectly, falsely represent himself, herself or itself to be—\n\nS. 225B(a) amended by No. 6/2010 s. 199(3)  \n(Sch. 3 item 12.2), substituted by No. 49/2019 s. 186(Sch. 4 item 45.50).\n\n(a) an employee in the Department; or\n\nS. 225B(ab) inserted by No. 49/2019 s. 186(Sch. 4 item 45.50).\n\n(ab) the person appointed under section 64AE of the **Transport Integration Act 2010** as entity Head for the Head, Transport for Victoria; or\n\n(b) an authorised officer (within the meaning of any provision of this Act); or\n\n(c) a person who is authorised to exercise a power or to carry out a function under this Act.\n\nS. 225C inserted by No. 81/1990 s. 5, amended by Nos 60/1994 s. 25(4), 28/1996 s. 4(j), substituted by No. 95/2005 s. 47.\n\n","sortOrder":105},{"sectionNumber":"225C","sectionType":"section","heading":"Offence to offer, give, solicit or accept a bribe","content":"\t225C Offence to offer, give, solicit or accept a bribe\n\n(1) In this section—\n\n***bribe*** means anything that provides, or that would provide, a benefit or an advantage to an officer or to anyone known to an officer;\n\n***officer*** means any officer of the Department, or an authorised officer.\n\n(2) A person must not, directly or indirectly, give, offer to give, cause to be given or attempt to give any bribe to an officer for the purpose of inducing the officer to forgo his or her duty, or to carry out his or her duty in a manner that he or she would not usually carry it out.\n\n60 penalty units, in any other case.\n\n(3) An officer must not, directly or indirectly, solicit or accept, or attempt to solicit or accept, any bribe for the purpose of inducing him or her to forgo his or her duty, or to carry out his or her duty in a manner that he or she would not usually carry it out.\n\n1. Level 9 imprisonment (6 months maximum) or 60 penalty units or both.\n\nS. 226 substituted by No. 27/2014 s. 143.\n\n","sortOrder":106},{"sectionNumber":"226","sectionType":"section","heading":"Criminal liability of officers of bodies corporate—failure to exercise due diligence","content":"\t226 Criminal liability of officers of bodies corporate—failure to exercise due diligence\n\n(1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate.\n\n(2) For the purposes of subsection (1), the following provisions are specified—\n\nS. 226(2) (a)‒(n) repealed by No. 63/2017 s. 21(Sch. 1 item 10.26).\n\n(o) section 224(1);\n\n(p) section 225(2) or (3);\n\n(q) section 225B;\n\n(r) section 225C(2);\n\n(s) section 228DA;\n\n(t) section 228DB;\n\n(u) section 228G;\n\n(v) section 228H(1), (4) or (6);\n\nS. 226(2)(w) amended by No. 35/2014 s. 38(a).\n\n(w) section 228QA(6);\n\nS. 226(2)(x) inserted by No. 35/2014 s. 38(b), repealed by No. 63/2017 s. 21(Sch. 1 item 10.26).\n\n(3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to—\n\n(a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and\n\n(b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and\n\n(c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and\n\n(d) any other relevant matter.\n\n(4) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.\n\n(5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.\n\n(6) In this section—\n\n***body corporate*** has the same meaning as corporation has in section 57A of the Corporations Act;\n\n***officer*** in relation to a body corporate means—\n\n(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or\n\n(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.\n\nS. 226A inserted by No. 43/2013 s. 30, repealed by No. 63/2017 s. 21(Sch. 1 item 10.27).\n\nS. 227 substituted by No. 71/2006 s. 17.\n\n","sortOrder":107},{"sectionNumber":"227","sectionType":"section","heading":"Offences by unincorporated bodies, partnerships etc.","content":"\t227 Offences by unincorporated bodies, partnerships etc.\n\nWhere this Act provides that a person, being a partnership or an unincorporated body or association, is guilty of an offence, that reference to the person—\n\n(a) in the case of a partnership—is to be read as a reference to each member of the partnership; and\n\n(b) in the case of an unincorporated body or association—is to be read as a reference to each member of the committee of management of the body or association.\n\nS. 227A inserted by No. 47/2006 s.18.\n\n","sortOrder":108},{"sectionNumber":"227A","sectionType":"section","heading":"Power of court to require attendance at approved public transport education program","content":"\t227A Power of court to require attendance at approved public transport education program\n\n(1) If a person is charged with an offence under this Act, or under regulations made under this Act, and on the hearing of the charge the court considers it appropriate in view of the person's circumstances, the court may order the person to undertake a program approved under subsection (2).\n\nS. 227A(2) amended by No. 34/2011 s. 81.\n\n(2) For the purposes of this section, the Secretary may approve programs that educate users of public transport and other persons about issues relating to public transport, including but not limited to—\n\n(a) public transport safety;\n\n(b) the comfort, amenity and convenience of passengers on public transport;\n\n(c) the revenue implications of fare evasion for public transport operators and the State;\n\n(d) the obligations of passengers and other persons in relation to public transport;\n\n(e) the enforcement obligations of authorised officers;\n\n(f) the providers of public transport in Victoria;\n\nS. 227A(2)(g) amended by No. 34/2011 s. 81.\n\n(g) any other matter related to public transport that the Secretary considers appropriate.\n\n","sortOrder":109},{"sectionNumber":"228","sectionType":"section","heading":"General penalty","content":"\t228 General penalty\n\nA person who is guilty of an 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.\n\nPt 7 Div. 4A (Heading and ss 228A–228R) inserted by No. 104/1997 s. 37.\n\nDivision 4A—Accreditation of passenger transport companies\n\nS. 228AA inserted by No. 47/2006 s. 19.\n\n\t228AA Objective\n\nThe objective of this Division is that the authorised officer management systems provided by passenger transport companies, bus companies and the Bus Association Victoria be provided in a manner that promotes the safety, comfort, amenity and convenience of persons using the services provided by the bodies and other persons, particularly children and other vulnerable persons.\n\nS. 228AB inserted by No. 47/2006 s. 19.\n\n\t228AB Definition\n\nIn this Division, ***authorised officer management system*** means a system for the management of authorised officers that includes—\n\n(a) education and training relating to—\n\n(i) the use of enforcement powers;\n\n(ii) behaviour by authorised officers toward members of the public, particularly children and other vulnerable persons;\n\n(b) the reporting requirements and supervision of authorised officers;\n\n(c) any matter prescribed in the regulations for this purpose.\n\nS. 228A inserted by No. 104/1997 s. 37 (as amended by Nos 98/1998 s. 40(3), 45/1999 s. 39(a)(i)(ii)).\n\n","sortOrder":110},{"sectionNumber":"228A","sectionType":"section","heading":"Application for accreditation","content":"\t228A Application for accreditation\n\nS. 228A(1) substituted by No. 101/2003 s. 22(1), amended by Nos 95/2005 s. 27(1)(7), 47/2006 s. 20(1), 34/2011 s. 82(1).\n\n(1) A passenger transport company or bus company or the Bus Association Victoria may apply to the Secretary for accreditation to employ or engage people authorised under section 221AB to act as authorised officers.\n\nS. 228A(2)(a) amended by Nos 47/2006 s. 20(2)(a), 34/2011 s. 82(1).\n\nS. 228A(2)(b) substituted by No. 47/2006 s. 20(2)(b).\n\nS. 228A  \n(2)(b)(i) amended by No. 34/2011 s. 82(2).\n\n(i) the application fee, if any, determined by the Secretary and published in the Government Gazette;\n\n(ii) a detailed description of the applicant's authorised officer management system;\n\nS. 228A  \n(2)(b)(iii) amended by No. 34/2011 s. 82(2).\n\n(iii) any other information or thing determined by the Secretary.\n\nS. 228A(2A) inserted by No. 47/2006 s. 20(3), amended by No. 34/2011 s. 82(2).\n\n(2A) The Secretary must notify in writing all passenger transport companies, bus companies and the Bus Association Victoria of any determination made by the Secretary under subsection (2).\n\nS. 228A(3) amended by Nos 47/2006 s. 20(4), 34/2011 s. 82(2).\n\n(3) The Secretary may require an applicant for accreditation—\n\nS. 228A(3)(a) amended by Nos 47/2006 s. 20(4), 34/2011 s. 82(2).\n\n(a) to furnish further information specified by the Secretary; or\n\nS. 228B (Heading) inserted by No. 47/2006 s. 21(1), amended by No. 34/2011 s. 83(1).\n\nS. 228B inserted by No. 104/1997 s. 37 (as amended by No. 45/1999 s. 39(b)), amended by Nos 47/2006 s. 21(2)(a), 34/2011 s. 83(2).\n\n","sortOrder":111},{"sectionNumber":"228B","sectionType":"section","heading":"Matters to be considered by Secretary","content":"\t228B Matters to be considered by Secretary\n\nIn determining whether to give an accreditation, the Secretary must consider—\n\nS. 228B(a) amended by No. 101/2003 s. 22(2), substituted by No. 47/2006 s. 21(2)(b).\n\n(a) whether the authorised officer management system that the applicant proposes to have in place is effective and appropriate; and\n\n(b) any matters that are prescribed.\n\nS. 228C inserted by No. 104/1997 s. 37.\n\n","sortOrder":112},{"sectionNumber":"228C","sectionType":"section","heading":"Giving or refusal of accreditation","content":"\t228C Giving or refusal of accreditation\n\nS. 228C(1) amended by Nos 47/2006 s. 21(3)(a), 34/2011 s. 84(1).\n\n(1) The Secretary may give or refuse to give an accreditation.\n\nS. 228C(2) amended by Nos 47/2006 s. 21(3)(b), 34/2011 s. 84(2).\n\n(2) If the Secretary refuses to give an accreditation, the Secretary must notify the applicant in writing of the refusal and the reasons for it.\n\nS. 228C(3) inserted by No. 95/2005 s. 27(1)(8), amended by Nos 47/2006 s. 21(3)(c), 34/2011 s. 84(1).\n\n(3) If the Secretary gives accreditation to the Bus Association Victoria, a reference in this Division to an accredited company is to be read as including a reference to that Association.\n\nS. 228D inserted by No. 104/1997 s. 37.\n\n","sortOrder":113},{"sectionNumber":"228D","sectionType":"section","heading":"Conditions of accreditation","content":"\t228D Conditions of accreditation\n\n(1) An accreditation is subject to—\n\n(a) any prescribed condition;\n\nS. 228D(1)(b) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 35(a)), 34/2011 s. 85.\n\n(b) any condition imposed by the Secretary.\n\nS. 228D(2) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 35(b)), 34/2011 s. 85.\n\n(2) Particulars of an accreditation and of the conditions to which it is subject are to be given in writing by the Secretary to the accredited company.\n\nS. 228DA (Heading) inserted by No. 95/2005 s. 27(1)(9).\n\nS. 228DA inserted by No. 104/1997 s. 37 (as amended by No. 45/1999 s. 40), amended by No. 95/2005 s. 27(1)(7).\n\n\t228DA Accredited companies must comply with conditions\n\nA passenger transport company or bus company or the Bus Association Victoria must not do, or omit to do, anything that is in breach of a condition to which its accreditation is subject.\n\n1. 100 penalty units.\n\nS. 228DB inserted by No. 47/2006 s. 22.\n\n\t228DB Offence to employ or engage authorised officer without accreditation under this Division\n\nA passenger transport company, a bus company or the Bus Association Victoria must not employ or engage a person to act as an authorised officer without being accredited to do so under this Division.\n\n1. 300 penalty units.\n\nS. 228E inserted by No. 104/1997 s. 37.\n\n","sortOrder":114},{"sectionNumber":"228E","sectionType":"section","heading":"Change of conditions etc.","content":"\t228E Change of conditions etc.\n\nS. 228E(1) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 36(a)), 34/2011 s. 86(1).\n\n(1) The Secretary may at any time vary or revoke a condition of an accreditation referred to in section 228D(1)(b) or impose a new condition.\n\nS. 228E(2) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 36(b)), 34/2011 s. 86(1).\n\n(2) The Secretary may act under subsection (1)—\n\n(a) of his or her own initiative; or\n\n(b) on the written application of the accredited company.\n\nS. 228E(3) amended by No. 47/2006 s. 31(1)(Sch. 1 Pt 1 item 36(c)), 34/2011 s. 86(2).\n\n(3) Except where the Secretary considers it necessary to take action in the interests of public safety, the Secretary must, before taking action under subsection (2)(a), give the accredited company written notice of the intended action and allow it to make written representations about the intended action within 10 working days.\n\nS. 228E(4) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 36(d)), 34/2011 s. 86(1).\n\n(4) Particulars of any action taken under subsection (1) are to be given in writing by the Secretary to the accredited company.\n\nS. 228F inserted by No. 104/1997 s. 37.\n\n","sortOrder":115},{"sectionNumber":"228F","sectionType":"section","heading":"Duration of accreditation","content":"\t228F Duration of accreditation\n\nS. 228F(1) substituted by No. 25/2005 s. 12, amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 37(a)), 34/2011 s. 87.\n\n(1) An accreditation remains in force for the period specified by the Secretary.\n\nS. 228F(1A) inserted by No. 25/2005 s. 12, amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 37(b)), 34/2011 s. 87.\n\n(1A) The Secretary must not specify a period that is greater than the maximum (if any) specified by the regulations for the purposes of this section.\n\nS. 228F(2) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 37(c)), 34/2011 s. 87.\n\n(2) The Secretary may give a temporary accreditation for a period of less than 12 months.\n\nS. 228G (Heading) inserted by No. 47/2006 s. 31(1)(Sch. 1 Pt 1 item 38(1)), amended by No. 34/2011 s. 88(1).\n\nS. 228G inserted by No. 104/1997 s. 37 (as amended by No. 45/1999 s. 39(c)), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 38(2)), 34/2011 s. 88(2).\n\n","sortOrder":116},{"sectionNumber":"228G","sectionType":"section","heading":"Requirement to notify Secretary about charges, etc.","content":"\t228G Requirement to notify Secretary about charges, etc.\n\nIf at any time while an accreditation is in force—\n\nS. 228G(a) amended by No. 101/2003 s. 22(3).\n\n(a) the accredited company becomes aware that an authorised officer employed or engaged by it has been convicted or found guilty of an offence or has been charged with an offence and the charge has not been finally disposed of; and\n\nS. 228G(b) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 38(2)), 34/2011 s. 88(2).\n\n(b) particulars of that conviction, finding or charge have not previously been given by the accredited company to the Secretary—\n\nthe accredited company must immediately notify the Secretary of the particulars of that conviction, finding or charge.\n\nS. 228H inserted by No. 104/1997 s. 37, substituted by No. 47/2006 s. 23.\n\n","sortOrder":117},{"sectionNumber":"228H","sectionType":"section","heading":"Notifications","content":"\t228H Notifications\n\nS. 228H(1) amended by Nos 34/2011 s. 89(1), 49/2011 s. 5(1).\n\n(1) A company that holds an accreditation (other than a temporary accreditation) must notify the Secretary (in writing) of any relevant incident or occurrence within 48 hours after the incident or occurrence took place.\n\nNote to s. 228H(1) inserted by No. 49/2011 s. 5(2).\n\nSee section 44(3) of the **Interpretation of Legislation Act 1984** which addresses the situation where a time period ends on a weekend or public holiday.\n\nS. 228H(2) amended by No. 34/2011 s. 89(1).\n\n(2) The Secretary may request a report from a company that holds an accreditation (other than a temporary accreditation) under this Division on any matter related to the authorised officers employed or engaged by the company.\n\nS. 228H(3) amended by No. 34/2011 s. 89(2).\n\n(3) A request by the Secretary under subsection (2) must specify a reasonable period within which the report must be received by the Secretary.\n\nS. 228H(4) amended by Nos 69/2007 s. 40(5)(a), 34/2011 s. 89(1).\n\n(4) A company that receives a request under subsection (2) must comply with that request within the period specified by the Secretary under subsection (3).\n\nS. 228H(5) amended by No. 34/2011 s. 89(3).\n\n(5) The Secretary may request further information relating to—\n\nS. 228H(5)(a) amended by No. 69/2007 s. 40(5)(b).\n\n(a) the incident or occurrence to which a notification under subsection (1) relates; or\n\nS. 228H(5)(b) amended by No. 34/2011 s. 89(3).\n\n(b) a report provided to the Secretary under subsection (4)—\n\nand may specify a reasonable period within which the further information must be received by the Secretary.\n\n(6) A company must comply with any request for further information under subsection (5) within the period (if any) specified in that request.\n\nS. 228H(7) amended by No. 34/2011 s. 89(1).\n\n(7) In this section, ***relevant incident or occurrence*** means an incident or occurrence that is determined by the Secretary to be an incident or occurrence to which this section applies.\n\nS. 228H(8) amended by No. 34/2011 s. 89(2).\n\n(8) The Secretary must cause to be published in the Government Gazette any determination made by the Secretary for the purpose of the definition of ***relevant incident or occurrence***.\n\nS. 228H(9) amended by No. 34/2011 s. 89(2).\n\n(9) The Secretary must notify in writing any company that holds an accreditation under this Division of any determination made by the Secretary for the purpose of the definition of ***relevant incident or occurrence***.\n\nS. 228HA (Heading) inserted by No. 47/2006 s. 24(1).\n\nS. 228HA inserted by No. 104/1997 s. 37 (as amended by No. 45/1999 s. 41).\n\n\t228HA Audit of certain books and records of accredited companies for compliance purposes\n\nS. 228HA(1) substituted by No. 47/2006 s. 24(2).\n\n(1) An accredited company must keep books and records relating to the following—\n\n(a) any condition to which its accreditation is subject and its compliance with that condition;\n\n(b) the scope and operation of its authorised officer management system;\n\n(c) any notification, report or information provided by it under this Division;\n\nS. 228HA(1)(d) amended by No. 34/2011 s. 90.\n\n(d) any correspondence with the Secretary in relation to its accreditation, its authorised officer management system or any authorised officer employed or engaged by it;\n\n(e) any other prescribed matter.\n\nS. 228HA(2) amended by Nos 47/2006 s. 24(3)(a)–(c), 34/2011 s. 90.\n\n(2) The Secretary may audit all books and records referred to in subsection (1) and may take copies of any books or records.\n\nS. 228HA(2A) inserted by No. 47/2006 s. 24(4), amended by No. 34/2011 s. 90.\n\n(2A) The Secretary may authorise an officer of the Department or any other suitably qualified person to conduct an audit under this section.\n\nS. 228HA(2B) inserted by No. 47/2006 s. 24(4).\n\n(2B) A person authorised under subsection (2A) may—\n\n(a) enter any premises in which the person reasonably believes a book or record is kept for the purpose of subsection (1); and\n\n(b) inspect any such book or record; and\n\n(c) make copies of, or take extracts from, any such book or record.\n\nS. 228HA(3) substituted by No. 47/2006 s. 24(5), amended by No. 34/2011 s. 90.\n\n(3) If an audit is conducted as a result of a notification, or the provision of a report, under section 228H, the Secretary may charge a fee that covers the reasonable costs of conducting that audit.\n\nS. 228I inserted by No. 104/1997 s. 37 (as amended by No. 45/1999 s. 39(d)).\n\n","sortOrder":118},{"sectionNumber":"228I","sectionType":"section","heading":"Application for renewal of accreditation","content":"\t228I Application for renewal of accreditation\n\nS. 228I(1) amended by Nos 47/2006 s. 25(1)(a), 34/2011 s. 91(1).\n\n(1) An accredited company (other than the holder of a temporary accreditation) may apply to the Secretary for renewal of the accreditation.\n\nS. 228I(2) amended by Nos 47/2006 s. 25(1)(b), 34/2011 s. 91(1).\n\n(2) The holder of a temporary accreditation may, within the period of 2 years beginning at the commencement of section 37 of the **Rail Corporations (Amendment) Act 1997**, apply to the Secretary for renewal of the temporary accreditation.\n\n(3) A renewal application—\n\nS. 228I(3)(a) amended by Nos 47/2006 s. 25(2)(a), 34/2011 s. 91(2).\n\nS. 228I(3)(b) substituted by No. 47/2006 s. 25(2)(b).\n\nS. 228I(3)(b)(i) amended by No. 34/2011 s. 91(2).\n\n(i) the application fee, if any, determined by the Secretary and published in the Government Gazette; and\n\nS. 228I(3)(b)(ii) amended by No. 34/2011 s. 91(2).\n\n(ii) any other information or thing determined by the Secretary.\n\nS. 228I(4) amended by No. 25/2005 s. 13(1).\n\n(4) A renewal application must be made not later than 60 days before the expiry of the accreditation.\n\nS. 228I(5) substituted by No. 25/2005 s. 13(2), amended by Nos 47/2006 s. 25(3)(a), 34/2011 s. 91(1).\n\n(5) Despite subsection (4), the Secretary may consider a renewal application made later than the time applying under subsection (4).\n\nS. 228I(5A) inserted by No. 25/2005 s. 13(2), amended by Nos 47/2006 s. 25(3)(b), 34/2011 s. 91(1).\n\n(5A) If the regulations prescribe a late renewal application fee, the Secretary may only consider a renewal application made later than the time for applying under subsection (4) if the applicant pays that fee.\n\nS. 228I(6) amended by No. 25/2005 s. 13(3), amended by Nos 47/2006 s. 25(3)(c), 34/2011 s. 91(1).\n\n(6) The Secretary may refuse to consider a renewal application made earlier than 90 days before the expiry of the accreditation.\n\nS. 228J inserted by No. 104/1997 s. 37.\n\n","sortOrder":119},{"sectionNumber":"228J","sectionType":"section","heading":"Renewal of accreditation","content":"\t228J Renewal of accreditation\n\nS. 228J(1) amended by Nos 47/2006 s. 26(1), 34/2011 s. 92(1).\n\n(1) The Secretary may renew or refuse to renew an accreditation.\n\nS. 228J(1A) inserted by No. 47/2006 s. 26(2), amended by No. 34/2011 s. 92(2).\n\n(1A) In renewing or refusing to renew any accreditation under subsection (1), the Secretary must have regard to—\n\n(a) the applicant's authorised officer management system; and\n\n(b) the applicant's compliance with the conditions of the applicant's accreditation; and\n\n(c) the conduct of authorised officers employed or engaged by the company, including whether the authorised officers have complied with conditions to which their authorisations are subject; and\n\nS. 228J(1A)(d) amended by No. 34/2011 s. 92(2).\n\n(d) any other matter determined by the Secretary and published in the Government Gazette.\n\nS. 228J(1B) inserted by No. 47/2006 s. 26(2), amended by No. 34/2011 s. 92(2).\n\n(1B) The Secretary must notify each company in writing of any determination made by the Secretary under subsection (1A)(d).\n\nS. 228J(2) amended by Nos 47/2006 s. 26(3)(a), 34/2011 s. 92(1).\n\n(2) On renewing an accreditation the Secretary may—\n\n(a) renew it as then in force; or\n\n(b) vary or revoke any of the conditions to which the accreditation is subject; or\n\nS. 228J(2)(c) amended by No. 47/2006 s. 26(3)(b).\n\n(c) impose a new condition on the accreditation (including conditions relating to the authorised officer management system of the company).\n\nS. 228J(3) amended by Nos 47/2006 s. 26(4), 34/2011 s. 92(1).\n\n(3) Particulars of the renewal of an accreditation and of the conditions to which it is subject are to be given in writing by the Secretary to the accredited company.\n\nS. 228J(4) amended by No. 25/2005 s. 14.\n\n(4) A renewed accreditation remains in force for 5 years unless—\n\n(a) the accreditation is sooner cancelled or surrendered; or\n\n(b) that period is shortened under section 228N(3)(b)(iii).\n\nS. 228J(5) amended by Nos 47/2006 s. 26(5), 34/2011 s. 92(2).\n\n(5) If the Secretary refuses to renew an accreditation, the Secretary must notify the accredited company in writing of the refusal and the reasons for it.\n\nS. 228K inserted by No. 104/1997 s. 37.\n\n","sortOrder":120},{"sectionNumber":"228K","sectionType":"section","heading":"Nature of accreditation","content":"\t228K Nature of accreditation\n\n(1) An accreditation—\n\n(a) is personal to the accredited company;\n\n(b) is not capable of being transferred or assigned to any other person or, subject to subsection (3), otherwise dealt with by the accredited company;\n\n(c) does not vest by operation of law in any other person.\n\n(2) A purported transfer or assignment of an accreditation and any other purported dealing by the accredited company with an accreditation (otherwise than under and in accordance with subsection (3)) is of no effect.\n\nS. 228K(3) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 39), 34/2011 s. 93.\n\n(3) An accredited company may, with the consent of the Secretary and in accordance with the regulations, surrender an accreditation.\n\n(4) This section has effect despite anything in any Act or rule of law to the contrary.\n\nS. 228L inserted by No. 104/1997 s. 37 (as amended by No. 45/1999 s. 39(e)), amended by No. 95/2005 s. 27(1)(10), repealed by No. 95/2005 s. 44.\n\nS. 228M (Heading) inserted by No. 47/2006 s. 27(1), amended by No. 34/2011 s. 94(1).\n\nS. 228M inserted by No. 104/1997 s. 37 (as amended by No. 45/1999 s. 39(f)), amended by Nos 95/2005 s. 27(1)(11), 47/2006 s. 27(2), 34/2011 s. 94(2).\n\n","sortOrder":121},{"sectionNumber":"228M","sectionType":"section","heading":"Secretary not liable for giving accreditation","content":"\t228M Secretary not liable for giving accreditation\n\nNo liability attaches to the Secretary for giving an accreditation to any passenger transport company or bus company or the Bus Association Victoria under this Division.\n\nS. 228N inserted by No. 104/1997 s. 37 (as amended by No. 45/1999 ss 39(g)(h) (i)(ii), 42).\n\n","sortOrder":122},{"sectionNumber":"228N","sectionType":"section","heading":"Supervision of accredited companies","content":"\t228N Supervision of accredited companies\n\nS. 228N(1) amended by Nos 95/2005 s. 27(1)(11), 47/2006 s. 28(1), 34/2011 s. 95(1).\n\n(1) The Secretary may hold an inquiry for the purpose of determining whether proper cause exists for taking action against a passenger transport company or bus company or the Bus Association Victoria that is, or has been, an accredited company.\n\nS. 228N(2) amended by No. 95/2005 s. 27(1)(11).\n\n(2) There is proper cause for taking action against a passenger transport company or bus company or the Bus Association Victoria that is, or has been, an accredited company if—\n\nS. 228N(2)(a) amended by No. 101/2003 s. 22(2), substituted by No. 47/2006 s. 28(2).\n\n(a) the company has failed to maintain an effective and appropriate authorised officer management system; or\n\nS. 228N(2)(aa) inserted by No. 47/2006 s. 28(2).\n\n(aa) the company has failed to comply with section 228H; or\n\n(ab) the company does, or omits to do, anything that is in breach of a condition to which its accreditation is subject; or\n\n(b) the company obtained the accreditation improperly.\n\nS. 228N(3) amended by Nos 95/2005 s. 27(1)(11), 47/2006 s. 28(3)(a), 34/2011 s. 95(2).\n\n(3) If, following an inquiry, the Secretary is satisfied that proper cause for taking action against the passenger transport company or bus company or the Bus Association Victoria exists, the Secretary has power to do one or more of the following—\n\n(a) reprimand the company;\n\n(b) if the company is accredited—\n\n(i) warn the company that should further proper cause for taking action be found to exist, the company may be disqualified from holding an accreditation;\n\nS. 228N (3)(b)(ii) amended by No. 47/2006 s. 28(3)(b).\n\n(ii) impose one or more new conditions on the accreditation (including conditions relating to the authorised officer management system of the company);\n\n(iii) shorten the period for which the accreditation is to remain in force;\n\nS. 228N (3)(b)(iv) amended by Nos 47/2006 s. 28(3)(a), 34/2011 s. 95(2).\n\n(iv) suspend the accreditation for a specified period or until a specified event or until a further determination made by the Secretary;\n\n(v) cancel the accreditation immediately or with effect from a specified later date;\n\n(c) disqualify the company from holding an accreditation—\n\n(i) until a specified event; or\n\nS. 228N (3)(c)(ii) amended by Nos 47/2006 s. 28(3)(a), 34/2011 s. 95(2).\n\n(ii) until a further determination made by the Secretary.\n\nS. 228N(4) amended by Nos 47/2006 s. 28(4), 34/2011 s. 95(1).\n\n(4) The Secretary may exercise the powers conferred by this section in relation to conduct occurring before or after the commencement of section 37 of the **Rail Corporations (Amendment) Act 1997**.\n\nS. 228N(5) inserted by No. 95/2005 s. 27(1)(12).\n\n(5) If the Bus Association Victoria is, or was, given accreditation, a reference to a company in this section is to be read as including a reference to that Association.\n\nS. 228O inserted by No. 104/1997 s. 37.\n\n","sortOrder":123},{"sectionNumber":"228O","sectionType":"section","heading":"Procedure and powers","content":"\t228O Procedure and powers\n\nS. 228O(1) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 40(a)), 34/2011 s. 96(1).\n\n(1) In exercising his or her powers under section 228N, the Secretary—\n\n(a) must act fairly and according to equity and good conscience without regard to technicalities or legal forms;\n\n(b) is not required to conduct himself or herself in a formal manner;\n\n(c) is not bound by rules or practice as to evidence but may inform himself or herself in relation to any matter in any manner that he or she thinks fit.\n\nS. 228O(2) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 40(b)), 69/2009 s. 54(Sch. Pt 2 item 53), 34/2011 s. 96(2), 67/2014 s. 147(Sch. 2 item 38).\n\n(2) For the purpose of and in connection with any inquiry under section 228N, the Secretary has the powers conferred by sections 14, 15, 16, 20, 20A and 21A of the **Evidence (Miscellaneous Provisions) Act 1958**, as in force immediately before their repeal, on a board appointed by the Governor in Council and those sections apply as if the Secretary were the sole member of the board.\n\nS. 228O(3) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 40(c)), 34/2011 s. 96(1).\n\n(3) Subject to this Division and the regulations, the procedure of the Secretary on or in connection with an inquiry under section 228N is in his or her discretion.\n\nS. 228P inserted by No. 104/1997 s. 37 (as amended by No. 45/1999 s. 39(i)).\n\n","sortOrder":124},{"sectionNumber":"228P","sectionType":"section","heading":"Immediate power of suspension","content":"\t228P Immediate power of suspension\n\nS. 228P(1) amended by Nos 95/2005 s. 27(1)(13), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 41(a)), 34/2011 s. 97(1).\n\n(1) The Secretary may, subject to and in accordance with the regulations, without holding an inquiry under section 228N, immediately suspend an accreditation under this Division if the Secretary considers it necessary to do so in the interests of public safety.\n\nS. 228P(2) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 41(b)), 34/2011 s. 97(2).\n\n(2) A suspension under this section may be for a specified period or until a specified event or until a further determination made by the Secretary.\n\nS. 228P(3) amended by Nos 95/2005 s. 27(1)(14), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 41(c)), 34/2011 s. 97(1).\n\n(3) A company or association whose accreditation has been suspended under this section may, by notice served on the Secretary, require the Secretary to hold an inquiry under section 228N.\n\nS. 228P(4) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 41(d)), 34/2011 s. 97(2).\n\n(4) The Secretary must commence an inquiry under section 228N within 7 days after the service on him or her of a notice under subsection (3).\n\n(5) If an inquiry is held under section 228N, a suspension under this section, if then still in effect, ceases to have effect on the completion of that inquiry.\n\nS. 228P(6) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 41(e)), 34/2011 s. 97(2).\n\n(6) Nothing in this section limits any power of the Secretary under section 228N.\n\nS. 228Q inserted by No. 104/1997 s. 37 (as amended by No. 45/1999 s. 39(j)), amended by No. 95/2005 s. 27(1)(14), substituted by No. 47/2006 s. 29.\n\n","sortOrder":125},{"sectionNumber":"228Q","sectionType":"section","heading":"Effect of suspension, cancellation or failure to renew","content":"\t228Q Effect of suspension, cancellation or failure to renew\n\n(1) A company or association whose accreditation is suspended is not accredited during the period of suspension.\n\n(2) If—\n\n(a) a person who is employed or engaged by a company or association is authorised under section 221AB to act as an authorised officer; and\n\n(b) the accreditation of the company or association is suspended, cancelled or not renewed while that person is so employed or engaged—\n\nthe person ceases to be authorised under section 221AB during the period of suspension or cancellation or until the accreditation is renewed.\n\n(3) Subsection (2) does not apply to a person who is authorised under section 221AB to act as an authorised officer if—\n\n(a) the person is employed or engaged by more than one company or association and at least one such company or association continues to be the holder of an accreditation under this Division; or\n\n(b) the person is employed or engaged by another accredited company or association within 30 days following the day on which the accreditation of the company or association by whom he or she was employed or engaged was suspended, cancelled or not renewed.\n\nS. 228QA inserted by No. 49/2011 s. 6.\n\n\t228QA Improvement notices\n\n(1) This section applies if the Secretary believes on reasonable grounds—\n\n(a) a passenger transport company is contravening a condition of accreditation; and\n\n(b) the contravention is occurring, or has occurred, in circumstances that make it likely the contravention will continue or be repeated.\n\n(2) The Secretary may serve on the passenger transport company an improvement notice requiring the company to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, within the period of time specified in the notice.\n\n(3) An improvement notice must—\n\n(a) state the basis for the Secretary's belief on which the service of the notice is based; and\n\n(b) specify the condition or provision that the Secretary believes has been or is likely to be contravened; and\n\n(c) specify a date (with or without time) by which the passenger transport company is required to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention that the Secretary considers reasonable having regard to the objective of accreditation and the nature of the contravention or likely contravention; and\n\n(d) set out the penalty for failing to comply with the notice; and\n\n(e) include a statement of the effect of section 228QC (proceedings for offences not affected by improvement notices); and\n\n(f) state that the notice is served under this section; and\n\n(g) state how the passenger transport company may seek review of the service of the notice.\n\n(4) An improvement notice may include directions concerning the measures to be taken to remedy the contravention or likely contravention, or the matters or activities causing the contravention or likely contravention, to which the notice relates.\n\n(5) Without limiting subsection (4), an improvement notice may include—\n\n(a) a direction that, if the passenger transport company has not remedied the contravention, likely contravention, matters or activities (as the case may be) by the date and time (if any) specified in the notice, an activity to which the notice relates is to cease until the Secretary has certified in writing that the contravention or likely contravention has, or the matters or activities have, been remedied; and\n\n(b) interim directions, or interim conditions, on the carrying out of any activities to which the notice relates that the Secretary considers necessary to promote the safety, comfort, amenity or convenience of persons using the services provided by the company.\n\n(6) A passenger transport company on whom an improvement notice is served must comply with the notice.\n\nPenalty: 100 penalty units.\n\nS. 228QB inserted by No. 49/2011 s. 6.\n\n\t228QB Formal irregularities or defects in notice\n\nAn improvement notice is not invalid merely because of—\n\n(a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or\n\n(b) a failure to use the correct name of the passenger transport company on whom the notice is served if the notice sufficiently identifies the company and is served in accordance with section 251.\n\nS. 228QC inserted by No. 49/2011 s. 6.\n\n\t228QC Proceedings for offences not affected by improvement notices\n\nThe service of an improvement notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was served.\n\nS. 228R inserted by No. 104/1997 s. 37 (as amended by Nos 101/1998 s. 31, 45/1999 s. 39(k)(i)(iii) (iv)).\n\n","sortOrder":126},{"sectionNumber":"228R","sectionType":"section","heading":"Tribunal reviews","content":"\t228R Tribunal reviews\n\nS. 228R(1) amended by Nos 95/2005 s. 27(1)(14), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 42), 34/2011 s. 98.\n\n(1) A company or association may apply to the Tribunal for review of a decision of the Secretary under this Division in relation to—\n\nS. 228R(1)(a) amended by Nos 63/1999 s. 13(4), 95/2005 s. 27(1)(15)(a).\n\n(a) an application for accreditation or renewal of accreditation by that company or association; or\n\nS. 228R(1)(ab) inserted by No. 49/2011 s. 7.\n\n(ab) the service of an improvement notice for a contravention by that company of a condition of its accreditation; or\n\nS. 228R(1)(b) amended by No. 95/2005 s. 27(1)(15)(b).\n\n(b) that company's or association's accreditation; or\n\nS. 228R(1)(c) amended by No. 95/2005 s. 27(1)(15)(a).\n\n(c) that company or association.\n\n(2) An application for review must be made within 28 days after the later of—\n\n(a) the day on which the decision is made;\n\nS. 228R(2)(b) amended by No. 95/2005 s. 27(1)(16).\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the company or association requests a statement of reasons for the decision, the day on which the statement of reasons is given to the company or association or it is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nPt 7 Div. 4ABA (Headings and ss 228RA–228RZI) inserted by No. 35/2014 s. 37, amended by Nos 21/2015 s. 3(Sch. 1 item 55.3), 35/2017 ss 47, 48, 52, repealed by No. 63/2017 s. 21(Sch. 1 item 10.28).\n\nPt 7 Div. 4B (Heading and ss 228S–228ZZS) inserted by No. 9/2006 s. 125 (as amended by No. 47/2006 ss 46–49, 53(2)), amended by Nos 69/2007 ss 25–36, 40(6), 13/2009 ss 96–100 (as amended by Nos 6/2010 s. 203(1)(Sch. 6 item 4.5), 19/2010 s. 65), 45/2009 ss 14, 15, 68/2009 s. 97(Sch. items 124.22–124.24), 19/2010 ss 4–7, 69, 70, 81, 65/2010 ss 397–417A (as amended by No. 78/2011 ss 40, 41), 66/2012 ss 29, 30, 32, 82/2012 s. 297, 23/2013 ss 109–120, 36/2013 ss 89–91, repealed by No. 27/2014 s. 144.[[13]](#endnote-14)\n\nDivision 5—Prosecutions and evidentiary provisions\n\n","sortOrder":127},{"sectionNumber":"229","sectionType":"section","heading":"Prosecutions","content":"\t229 Prosecutions\n\nS. 229(1) amended by Nos 100/1986 s. 41(a), 25/1989 s. 48(a), 44/1989 s. 40(Sch. 1 item 2.1), substituted by No. 60/1994 s. 26(1), amended by Nos 30/2000 s. 28(1), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 43(a)), 43/2011 s. 62, 61/2011 s. 25(Sch. 1 item 13.13), 43/2013 s. 51, 37/2014 s. 10(Sch. item 171.18), 49/2019 s. 186(Sch. 4 item 45.51).\n\n(1) A proceeding for an offence against this Act or the regulations may only be brought by a police officer, a protective services officer who, at the time of the alleged offence, was on duty at a designated place or a person authorised by the Secretary, the licensing authority or the Head, Transport for Victoria either generally or in a particular case.\n\nS. 229(1AA) inserted by No. 98/1998 s. 36(1) (as amended by No. 45/1999 s. 43(4)), amended by Nos 95/2005 s. 27(1)(17), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 43(b)), 34/2011 s. 99.\n\n(1AA) Despite anything to the contrary in subsection (1), a proceeding for a ticket offence may be brought by a person who is employed or engaged by a passenger transport company or a bus company or, if it is accredited under Division 4A, the Bus Association Victoria and who is authorised in writing by the Secretary either generally or in a particular case for the purposes of this section.\n\nS. 229(1A) inserted by No. 100/1986 s. 41(b), amended by Nos 25/1989 s. 48(b), 44/1989 s. 40(Sch. 1 item 2.1), substituted by Nos 60/1994 s. 26(1), 45/1999 s. 30, amended by No. 68/2009 s. 97(Sch. item 124.25).\n\n(1A) A proceeding for any other summary offence or for an indictable offence that may be heard and determined summarily may—\n\nS. 229(1A)(a) amended by Nos 30/2000 s. 28(2), 43/2011 s. 62, 37/2014 s. 10(Sch. item 171.18), 49/2019 s. 186(Sch. 4 item 45.52).\n\n(a) if the offence is alleged to have been committed on property owned or occupied by the Secretary or the Head, Transport for Victoria, only be brought by a police officer, a protective services officer who, at the time of the alleged offence, was on duty at a designated place or a person authorised by the Secretary or the Head, Transport for Victoria either generally or in a particular case; or\n\nS. 229(1A)(b) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 43(c)), 43/2011 s. 62, 61/2011 s. 25(Sch. 2 item 5.1), 37/2014 s. 10(Sch. item 171.18).\n\n(b) if the offence is alleged to have been committed on public transport property of a passenger transport company, only be brought by a police officer, a protective services officer who, at the time of the alleged offence, was on duty at a designated place or a person authorised in writing by the Secretary either generally or in a particular case for the purposes of this section.\n\nS. 229(1B) inserted by No. 60/1994 s. 26(1), amended by Nos 98/1998 s. 36(2), 68/2009 s. 97(Sch. item 124.26).\n\n(1B) Without limiting section 328 of the **Criminal Procedure Act 2009**, the person bringing a proceeding under subsection (1), (1AA) or (1A) may appear—\n\nS. 229(1B)(a) amended by Nos 30/2000 s. 28(3), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 43(d)), 61/2011 s. 25(Sch. 1 item 13.13), 43/2013 s. 51, 49/2019 s. 186(Sch. 4 item 45.51).\n\n(a) by another person authorised by the Secretary, the licensing authority or the Head, Transport for Victoria (as the case requires) under this section; or\n\nS. 229(1B)(b) amended by No. 37/2014 s. 10(Sch. item 171.18).\n\n(b) even if the informant is not a police officer, by a police prosecutor.\n\n(2) In proceedings for an offence against this Act or the regulations it shall be presumed, in the absence of evidence to the contrary, that the person bringing the proceedings was authorized to bring the proceedings.\n\nS. 229(3) amended by Nos 44/1989 s. 40(Sch. 1 item 9), 60/1994 s. 26(2), 30/2000 s. 28(4)(a)(b), 49/2019 s. 186(Sch. 4 item 45.53).\n\n(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 for which the proceeding was brought by a person authorised by the Secretary shall be paid into the Roads Fund or another account or fund determined by the Treasurer or the Minister administering Part 7 of the **Financial Management Act 1994**.\n\nS. 229(4) inserted by No. 9984 s. 5(g), repealed by No. 100/1986 s. 3(22).\n\nS. 229A inserted by No. 9/2006 s. 126, amended by Nos 68/2009 s. 97(Sch. item 124.27), 66/2012 s. 31, repealed by No. 27/2014 s. 145.[[14]](#endnote-15)\n\nS. 229B inserted by No. 9/2006 s. 126, repealed by No. 27/2014 s. 146.\n\n","sortOrder":128},{"sectionNumber":"230","sectionType":"section","heading":"Evidentiary provisions","content":"\t230 Evidentiary provisions\n\nS. 230(1) amended by Nos 100/1986 s. 42(a), 44/1989 s. 40(Sch. 1 item 2.1), 30/2000 s. 29(1)(a)(b), 49/2019 s. 186(Sch. 4 item 45.54(a)).\n\n(1) On the prosecution of any person for stealing any property in or from any vehicle owned or leased by the Head, Transport for Victoria or premises owned or occupied by the Head, Transport for Victoria or for receiving or having in his possession any property suspected of being so stolen—\n\n(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 label attached to the property or that package or container without producing or giving notice to produce the original writing or marks; and\n\n(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.\n\nS. 230(2) amended by Nos 100/1986 s. 42(b), 44/1989 s. 40(Sch. 1 items 2.1, 8.1, 13), 81/1990 s. 6, 98/1998 s. 37(1)(a)(b), 45/1999 s. 31(1)(a)(b), 30/2000 s. 29(2)(a)(b), 49/2019 s. 186(Sch. 4 item 45.54(b)).\n\n(2) A certificate purporting to be issued by the Head, Transport for Victoria or signed by the chief executive of a passenger transport company, a bus company or a rail corporation certifying that any land, buildings or other property (whether real or personal) described in the certificate is vested in, occupied by or operated by or on behalf of the Head, Transport for Victoria, that company or the rail corporation (as the case requires) 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.\n\nS. 230(3) amended by Nos 10087 s. 3(1)(Sch. 1 item 287), 44/1989 s. 40(Sch. 1 items 12, 13, 17), 49/2019 s. 186(Sch. 4 item 45.54(c)).\n\n(3) In any prosecution or legal proceedings under this or any other Act, under regulations made under this Act or under regulations or by-laws made under any other Act a statement (whether oral or in writing) by an employee in the Department (being an officer authorised to make the statement by the Head, Transport for Victoria or the Secretary) that—\n\n(a) a road is a State highway, main road, tourists' road, forest road, freeway, stock route or metropolitan bridge; or\n\n(b) a place road structure or thing is or forms part of the West Gate Bridge—\n\nshall be sufficient evidence of that fact until the contrary is shown.\n\nS. 230(3A) inserted by No. 120/1993 s. 65(3), amended by Nos 98/1998 s. 37(2)(a)(b), 45/1999 s. 31(2)(a)–(c), substituted by No. 30/2000 s. 29(3), amended by No. 49/2019 s. 186(Sch. 4 item 45.54(d)).\n\n(3A) A certificate purporting to be issued by a person who is employed or engaged by a passenger transport company, a bus company or a rail corporation authorised to sign that certificate by the chief executive of that company or the rail corporation (as the case requires), certifying as to any matter which appears in or can be calculated from the records kept by or on behalf of that company or rail corporation (as the case requires) in connection with any ticketing system operated by it or on its behalf is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.\n\nS. 230(4) amended by Nos 44/1989 s. 40(Sch. 1 items 2.1, 8.1, 13), 60/1994 s. 27(a)–(c), 28/1996  \ns. 4(j), 98/1998 s. 37(3)(a)(b), 45/1999 s. 31(3)(a)(b), substituted by No. 30/2000 s. 29(4), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 44), 61/2011 s. 25(Sch. 1 item 13.14), 3/2017 s. 50(Sch. 1 item 10.10), 35/2017 s. 67, 63/2017 s. 21(Sch. 1 item 10.29), 49/2019 s. 186(Sch. 4 item 45.54(e)), 34/2023 s. 127(Sch. 1 item 17.6).\n\n(4) Any notice, statement, certificate or other document purporting to be signed by the Secretary or the Chief Executive of Safe Transport Victoria or of an officer in the Department or an employee of Safe Transport Victoria or of a person who is employed or engaged by a passenger transport company, a bus company or a rail corporation authorised to sign that notice, statement, certificate or other document by the Secretary or the Chief Executive of Safe Transport Victoria or of the passenger transport company, the bus company or the rail corporation (as the case requires) 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.\n\nS. 230(4A) inserted by No. 49/2019 s. 186(Sch. 4 item 45.54(f)).\n\n(4A) A notice, statement, certificate or other document purporting to be issued by the Head, Transport for Victoria is admissible in evidence in any proceeding and, in the absence of evidence to the contrary, is proof of the matters set out in the notice, statement, certificate or document.\n\nS. 230(5) amended by Nos 44/1989 s. 40(Sch. 1 items 2.1, 8.1, 13), 98/1998 s. 37(4)(a)(b), 45/1999 s. 31(4)(a)(b), 30/2000 s. 29(5)(a)(b), 49/2019 s. 186(Sch. 4 item 45.54(g)).\n\n(5) Any minute or record of the proceedings of the Head, Transport for Victoria, a passenger transport company, a bus company or a rail corporation or a copy of such a minute or record certified as correct by the Head, Transport for Victoria or the chief executive of that company or the rail corporation (as the case requires) shall be presumed to be correct until the contrary is shown.\n\n(6) A document purporting to be a minute or record or copy referred to in subsection (5) shall, until the contrary is shown, be deemed to be such a minute or record or copy.\n\nS. 230(7) inserted by No. 9984 s. 5(h), repealed by No. 100/1986 s. 3(22), new s. 230(7) inserted by No. 69/2007 s. 4, amended by No. 61/2011 s. 29(2)(3) (as amended by No. 66/2012 s. 33(2)), repealed by No. 49/2019 s. 186(Sch. 4 item 45.54(h)).\n\nS. 230A inserted by No. 9/2006 s. 127, amended by Nos 19/2010 s. 79, 23/2013 s. 121, repealed by No. 27/2014 s. 147.\n\nS. 230AB inserted by No. 69/2007 s. 5, substituted by No. 56/2025 s. 30.\n\n\t230AB Evidentiary provision—tokens\n\n(1) If a fact relating to a token is relevant in proceedings relating to a ticket offence, evidence of that fact as indicated or determined by a prescribed device that was used in the prescribed manner (if any) or by a printed document that was produced by a prescribed process is admissible in evidence in those proceedings.\n\n(2) For the purposes of this section, a fact relates to a token if it relates to—\n\n(a) the token itself, including its type and identifying numbers (if any); or\n\n(b) the holder of the token; or\n\n(c) the manner of acquisition of the token (if relevant); or\n\n(d) the existence, or possible existence, of a ticket; or\n\n(e) the use of the token.\n\nS. 230AC inserted by No. 69/2007 s. 5, substituted by No. 56/2025 s. 30.\n\n\t230AC Certificate of authorised officer who operated hand held reader\n\n(1) A certificate purporting to be issued by an authorised officer who used a hand held reader to read, scan, transfer, display, copy or store information from a token produced to the authorised officer for inspection certifying as to the information read, scanned, transferred, displayed, copied or stored from the token in relation to all or any of the following matters—\n\n(a) the token number (if any);\n\n(b) the token type;\n\n(c) the name of the token holder (if applicable);\n\n(d) the use of the token;\n\n(e) the existence of a ticket—\n\nis admissible in evidence in any proceedings relating to a ticket offence.\n\n(2) Subject to section 230AF, if a certificate is issued under subsection (1) in respect of a token, it is presumed for the purposes of any proceedings relating to a ticket offence that the token had accurately displayed or recorded and discharged the information read, scanned, transferred, displayed, copied or stored from it by the hand held reader.\n\nS. 230AD inserted by No. 69/2007 s. 5, amended by Nos 61/2011 s. 29(2)(3) (as amended by No. 66/2012 s. 33(2)), 49/2019 s. 186(Sch. 4 item 45.55).\n\n\t230AD Certificate in respect of prescribed devices and processes\n\nA certificate purporting to be issued by a person authorised by the Head, Transport for Victoria certifying that—\n\n(a) at all relevant times the prescribed devices specified in the certificate had operated correctly and had indicated or determined the facts (if any) stated in the certificate; or\n\n(b) at all relevant times, the printed documents specified in the certificate had been produced by a prescribed process—\n\nis admissible in evidence in any proceedings relating to a ticket offence.\n\nS. 230AE inserted by No. 69/2007 s. 5.\n\n\t230AE Notice by informant\n\nS. 230AE(1) amended by No. 68/2009 s. 97(Sch. item 124.28).\n\n(1) If the informant in proceedings relating to a ticket offence serves on the accused, by the required time, a copy of a certificate referred to in section 230AC, the certificate is conclusive proof of—\n\n(a) the facts and matters stated in that certificate; and\n\n(b) the fact that the hand held reader used was a prescribed device; and\n\n(c) the fact that the hand held reader was used in the prescribed manner (if any); and\n\n(d) the fact that the hand held reader had operated correctly.\n\nS. 230AE(2) amended by No. 68/2009 s. 97(Sch. item 124.28).\n\n(2) If the informant in proceedings relating to a ticket offence serves on the accused, within the required time, a notice setting out the presumptions set out in section 230AC(2), the facts that are the subject of the presumptions are to be taken to have been conclusively proved.\n\nS. 230AE(3) amended by No. 68/2009 s. 97(Sch. item 124.28).\n\n(3) If the informant in proceedings relating to a ticket offence serves on the accused, within the required time, copy of a certificate referred to in section 230AD, the certificate is conclusive proof—\n\n(a) that the person giving the certificate was authorised to do so; and\n\n(b) in the case of a certificate under section 230AD(a) of—\n\n(i) the fact that at all relevant times the prescribed devices specified in the certificate had operated correctly; and\n\n(ii) the facts (if any) stated in the certificate as indicated or determined by the prescribed devices; and\n\n(c) in the case of a certificate under section 230AD(b) of—\n\n(i) the fact that at all relevant times the printed documents specified in the certificate had been produced by a prescribed process; and\n\n(ii) the facts indicated or determined by the printed documents.\n\n(4) This section is subject to section 230AF.\n\n(5) In this section ***required time*** means no less than 56 days before the hearing for the relevant ticket offence.\n\nS. 230AF (Heading) amended by No. 68/2009 s. 97(Sch. item 124.29).\n\nS. 230AF inserted by No. 69/2007 s. 5.\n\n\t230AF Notice by accused\n\nS. 230AF(1) amended by No. 68/2009 s. 97(Sch. item 124.30).\n\n(1) The accused in any proceedings relating to a ticket offence may give notice in writing to the informant not less than 28 days before the hearing, or any shorter period ordered by the court or agreed to by the informant, that—\n\n(a) he or she requires the person giving a certificate referred to in section 230AD to be called as a witness; or\n\n(b) he or she intends to adduce evidence in rebuttal of any fact or matter—\n\n(i) stated in a certificate referred to in section 230AC or 230AD; or\n\n(ii) referred to in section 230AE(1) or 230AE(3); or\n\n(c) he or she intends to adduce evidence in rebuttal of any fact that is the subject of a presumption set out in section 230AC(2).\n\nS. 230AF(2) amended by No. 68/2009 s. 97(Sch. item 124.30).\n\n(2) A notice under subsection (1) must specify any fact or matter with which issue is taken and indicate the nature of any expert evidence that the accused intends to have adduced at the hearing.\n\nS. 230AF(3) amended by No. 68/2009 s. 97(Sch. item 124.30).\n\n(3) The accused may not, except with the leave of the court, introduce expert evidence at the hearing if the nature of that evidence was not indicated in a notice under subsection (1).\n\nS. 230AF(4) amended by No. 68/2009 s. 97(Sch. item 124.31).\n\n(4) Subject to subsection (7), if an accused gives a notice to the informant in accordance with subsection (1)(a), the certificate remains admissible as evidence of the facts or matters contained in the certificate or referred to in section 230AE(3) but ceases to be conclusive proof of those facts or matters.\n\nS. 230AF(5) amended by No. 68/2009 s. 97(Sch. item 124.31).\n\n(5) Despite any order under subsection (7), if an accused gives a notice to the informant under subsection (1)(b) in relation to a fact or matter contained in a certificate or referred to in section 230AE(1) or 230AE(3), the certificate—\n\n(a) remains admissible as evidence of that fact or matter but ceases to be conclusive proof of that fact or matter; and\n\n(b) remains admissible as conclusive proof of the facts or matters contained in the certificate or referred to in section 230AE(1) or 230AE(3) that are not specified in the notice.\n\nS. 230AF(6) amended by No. 68/2009 s. 97(Sch. item 124.31).\n\n(6) If an accused gives notice to the informant under subsection (1)(c) in relation to a fact set out in section 230AC(2), that fact ceases to be presumed and ceases to be taken to be conclusively proved but the certificate if admitted in evidence is deemed to be evidence of that fact.\n\nS. 230AF(7) amended by No. 68/2009 s. 97(Sch. item 124.31).\n\n(7) If an accused gives notice to the informant in accordance with subsection (1)(a) that he or she requires the person giving a certificate referred to in section 230AD to be called as a witness and the court is satisfied that that person—\n\n(a) is dead; or\n\n(b) is unfit by reason of his or her bodily or mental condition to testify as a witness; or\n\nS. 230AF(7)(c) amended by Nos 61/2011 s. 29(2)(3) (as amended by No. 66/2012 s. 33(2)), 49/2019 s. 186(Sch. 4 item 45.56).\n\n(c) has ceased to be a person authorised by the Head, Transport for Victoria or is out of Victoria and it is not reasonably practicable to secure his or her attendance; or\n\n(d) cannot with reasonable diligence be found—\n\nthe court must order that section 230AE has effect as if the notice had not been given.\n\nS. 230AG inserted by No. 69/2007 s. 5.\n\n\t230AG Informant may adduce evidence in relation to ticket offence\n\n(1) Nothing in section 230AE prevents the informant adducing evidence to explain any fact or matter contained in a certificate referred to in that section.\n\n(2) If an informant adduces evidence as provided in subsection (1), the certificate remains admissible in evidence but ceases to be conclusive proof of that fact or matter only.\n\nS. 230AH inserted by No. 69/2007 s. 5.\n\n\t230AH Regulations\n\n(a) prescribing devices for the purposes of sections 230AB, 230AD and 230AE and the manner of using (including testing) those devices; and\n\nS. 230AH(1)(b) substituted by Nos 75/2010 s. 24(3), 56/2025 s. 31.\n\n(b) the processes for—\n\n(i) reading information from a token by a prescribed device; and\n\n(ii) loading information onto a prescribed device or a prescribed computer system; and\n\n(iii) copying or transferring information between prescribed devices or between a prescribed device and a prescribed computer system; and\n\n(iv) the storing of information by a prescribed device or prescribed computer system and producing a printed record of information stored by a prescribed device or prescribed computer system; and\n\n(c) generally prescribing any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division.\n\n(2) The regulations—\n\n(a) may be of general or of specially limited application; and\n\n(b) may differ according to differences in time, place or circumstance; and\n\n(c) may require a matter affected by the regulations to be—\n\n(i) in accordance with a specified standard or specified requirement; or\n\n(ii) approved by or to the satisfaction of a specified person or a specified class of person; or\n\n(iii) as specified in both subparagraphs (i) and (ii); and\n\n(d) may apply, adopt or incorporate any matter contained in any document whether—\n\n(ii) as in force at a particular time or as in force from time to time; and\n\n(e) may confer a discretionary authority or impose a duty on a specified person or a specified class of person.\n\nPt 7 Div. 6 (Heading) amended by Nos 68/2009 s. 97(Sch. item 124.32), 19/2010 s. 80.\n\nPt 7 Div. 6 (Heading and ss 230B–230F) inserted by No. 9/2006 s. 127.\n\nDivision 6—Sentences in relation to relevant transport laws\n\nS. 230AI inserted by No. 19/2010 s. 8, amended by Nos 34/2011 s. 100,  \n27/2014 s. 148, repealed by No. 63/2017 s. 21(Sch. 1 item 10.30).\n\nS. 230B inserted by No. 9/2006 s. 127, amended by Nos 19/2010 s. 9, 27/2014 s. 149, repealed by No. 63/2017 s. 21(Sch. 1 item 10.30).\n\nS. 230C inserted by No. 9/2006 s. 127, amended by Nos 19/2010 s. 10, 27/2014 s. 150, 35/2017 s. 49, repealed by No. 63/2017 s. 21(Sch. 1 item 10.30).\n\nS. 230D inserted by No. 9/2006 s. 127, repealed by No. 63/2017 s. 21(Sch. 1 item 10.30).\n\nS. 230DA inserted by No. 69/2007 s. 37, amended by Nos 19/2010 s. 11, 27/2014 s. 151, 35/2017 s. 50, repealed by No. 63/2017 s. 21(Sch. 1 item 10.30).\n\nSs 230DB, 230DC inserted by No. 69/2007 s. 37, repealed by No. 63/2017 s. 21(Sch. 1 item 10.30).\n\n","sortOrder":129},{"sectionNumber":"230E","sectionType":"section","heading":"Release on the giving of a safety undertaking","content":"\t230E Release on the giving of a safety undertaking\n\nS. 230E(1) amended by No. 19/2010 s. 12(1).\n\n(1) If a court convicts a person or finds a person guilty of an offence against a relevant law the court may (with or without recording a conviction) adjourn the proceeding for a period of up to 2 years and make an order for the release of the offender on the offender giving an undertaking with specified conditions.\n\n(2) An undertaking must specify the following conditions—\n\n(a) that the offender appears before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned;\n\nS. 230E(2)(b) amended by No. 19/2010 s. 12(2).\n\n(b) that the offender does not commit, during the period of the adjournment, any offence against a relevant law;\n\n(c) that the offender observes any special conditions imposed by the court.\n\n(3) Without limiting subsection (2)(c), the court may impose on an offender special conditions that the offender—\n\nS. 230E(3)(a) amended by Nos 19/2010 s. 12(3), 22/2013 s. 96(1), 27/2014 s. 152.\n\n(a) engage a consultant, who is approved in writing by the National Rail Safety Regulator or licensing authority, to advise on or assist with safety matters; and\n\n(b) develop and implement a systematic approach to managing risks to safety that arise or may arise in the conduct of the offender's undertaking; and\n\nS. 230E(3)(c) amended by Nos 19/2010 s. 12(3), 22/2013 s. 96(1), 27/2014 s. 152.\n\n(c) arrange for the carrying out of an audit of the offender's undertaking in relation to safety by an independent person who is approved in writing by the National Rail Safety Regulator or licensing authority.\n\n(4) An offender who has given an undertaking under this section may be called on to appear before the court—\n\n(a) by order of the court; or\n\n(b) by notice issued by the proper officer (within the meaning of section 72(4) of the **Sentencing Act 1991**) of the court.\n\n(5) An order or notice under subsection (4) must be served on the offender not less than 4 days before the time specified in it for the appearance.\n\n(6) If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the undertaking, it must discharge the offender without any further hearing of the proceeding.\n\n(7) The court may make an order under this section in relation to an offender in addition to or instead of—\n\n(a) imposing a penalty on the offender; or\n\n(b) making any other order that the court may make in relation to the offence.\n\nS. 230E(8) inserted by No. 22/2013 s. 96(2).\n\n(8) In this section—\n\n***National Rail Safety Regulator*** means the Regulator  within the meaning of the Rail Safety National Law (Victoria);\n\n***relevant law*** includes the Rail Safety National Law (Victoria).\n\nS. 230F (Heading) amended by No. 65/2011 s. 107(Sch. item 14.1).\n\nS. 230F inserted by No. 9/2006 s. 127, amended by Nos 65/2011 s. 107(Sch. items 14.2, 14.3), 32/2013 s. 45, 80/2013 s. 10.\n\n","sortOrder":130},{"sectionNumber":"230F","sectionType":"section","heading":"Variation or contravention of orders under section 230E","content":"\t230F Variation or contravention of orders under section 230E\n\nSection 78 and Divisions 1 and 2 of Part 3C of the **Sentencing Act 1991** (and any definitions in that Act of terms used in that section or Divisions 1 and 2 of that Part) apply to an order under section 230E for the release of an offender as though they were incorporated into this Act and as though—\n\n(a) a reference to Subdivision (2) or (3) were instead a reference to section 230E; and\n\nS. 230F(ab) inserted by No. 65/2011 s. 107(Sch. item 14.4).\n\n(ab) a reference to section 72 or 75 were a reference to section 230E; and\n\nS. 230F(b) amended by No. 27/2014 s. 153.\n\n(b) a reference to a prescribed person, a member of a prescribed class of persons, the informant or a police prosecutor were instead a reference to the licensing authority; and\n\nS. 230F(c) amended by No. 65/2011 s. 107(Sch. item 14.5).\n\n(c) the reference in section 83AC of the **Sentencing Act 1991** to a level 10 fine were instead a reference to a fine not exceeding 10 penalty units for a natural person or 50 penalty units for a body corporate; and\n\n(d) any other necessary modifications were made.\n\nS. 230FA inserted by No. 19/2010 s. 13, amended by No. 27/2014 s. 154, repealed by No. 63/2017 s. 21(Sch. 1 item 10.31).\n\nPt 7 Div. 7 (Headings and ss 230G–230J) inserted by No. 9/2006 s. 127 (as amended by No. 47/2006 ss 50, 51).\n\nDivision 7—Other matters\n\nSubdivision 1—Interpretation\n\nS. 230G inserted by No. 9/2006 s. 127 (as amended by No. 47/2006 s. 50).\n\n","sortOrder":131},{"sectionNumber":"230G","sectionType":"section","heading":"Definitions","content":"\t230G Definitions\n\nIn this Subdivision—\n\n***improvement or prohibition notice contravention provision*** means section 228ZE(1) or 228ZK(1);\n\nS. 230G def. of *relevant rail protection law* amended by No. 27/2014 s. 155.\n\n***relevant rail protection law*** means—\n\n(a) section 93B or 93C(1) of the **Electricity Industry Act 2000**;\n\n(b) section 149B or 149C(1) of the **Gas Industry Act 2001**;\n\n(c) section 48E or 48F of the **Road Management Act 2004**;\n\n(d) section 137B(1) or 137C(1) of the **Water Act 1989**;\n\nS. 230G def. of *relevant rail safety duty law* amended by No. 27/2014 s. 155.\n\n***relevant rail safety duty law*** means—\n\n(a) section 93A(1) or (2) of the **Electricity Industry Act 2000**;\n\n(b) section 149A(1) or (2) of the **Gas Industry Act 2001**;\n\n(c) section 48B, 48C or 48D of the **Road Management Act 2004**;\n\n(d) section 137A(1) or (2) of the **Water Act 1989**;\n\nSubdivision 2—Liability\n\nS. 230H inserted by No. 9/2006 s. 127, repealed by No. 27/2014 s. 156.\n\nS. 230I inserted by No. 9/2006 s. 127.\n\n","sortOrder":132},{"sectionNumber":"230I","sectionType":"section","heading":"Interaction with the Occupational Health and Safety Act 2004","content":"\t230I Interaction with the Occupational Health and Safety Act 2004\n\n(1) If a provision of the **Occupational Health and Safety Act 2004** or the regulations made under that Act applies to an activity in respect of which a duty under a relevant rail safety duty law is imposed, that provision continues to apply, and must be observed in addition to the relevant rail safety duty law.\n\nSee also section 51 of the **Interpretation of Legislation Act 1984**.\n\n(2) If a relevant rail safety duty law is inconsistent with a provision of the **Occupational Health and Safety Act 2004** or the regulations made under that Act, the **Occupational Health and Safety Act 2004** or the regulations made under it prevail to the extent of the inconsistency.\n\n(3) Compliance with a relevant rail safety duty law, or with any requirement imposed under a relevant rail safety duty law, is not in itself a defence in any proceedings for an offence against the **Occupational Health and Safety Act 2004** or the regulations made under that Act.\n\n(4) Evidence of a relevant contravention of a relevant rail safety duty law is admissible in any proceedings for an offence against the **Occupational Health and Safety Act 2004** or the regulations made under that Act.\n\nS. 230J inserted by No. 9/2006 s. 127 (as amended by No. 47/2006 s. 51), amended by No. 23/2013 s. 122, repealed by No. 41/2019 s. 114.\n\nPt 7A (Headings and ss 230K–230ZE) inserted by No. 93/2009 s. 15.\n\nPart VIIA—Enforcement and related powers for the Port of Melbourne\n\nDivision 1—Preliminary\n\nS. 230K inserted by No. 93/2009 s. 15, substituted by No. 19/2010 s. 14.\n\n","sortOrder":133},{"sectionNumber":"230K","sectionType":"section","heading":"Definitions","content":"\t230K Definitions\n\nIn this Part—\n\nS. 230K def. of *Hazardous port activity provision* amended by No. 25/2025 s. 84(a).\n\n***Hazardous port activity provision*** means a provision of the **Port Management Act 1995** or regulations made under that Act as to hazardous port activities, within the meaning of that Act;\n\n***port safety infringement*** means an offence against a port safety infringement law that is prescribed for the purposes of Division 4A;\n\nS. 230K def. of *port safety infringement law* amended by No. 25/2025 s. 84(b).\n\n***port safety infringement law*** means a provision of—\n\n(a) Division 3 or 4 of Part 5B of the **Port Management Act 1995**; or\n\n(b) any regulations made under section 98(1)(cb) to (cd) of that Act.\n\nS. 230L inserted by No. 93/2009 s. 15.\n\n","sortOrder":134},{"sectionNumber":"230L","sectionType":"section","heading":"Appointment","content":"\t230L Appointment\n\n(1) The Secretary, by instrument, may appoint as a port safety officer for the port of Melbourne, a person—\n\n(a) who is employed in the Department under Part 3 of the **Public Administration Act 2004**; or\n\nS. 230L(1)(b) amended by Nos 10/2016 s. 179(Sch. 1 item 9), 19/2022 s. 95.\n\n(b) who is an employee of Ports Victoria.\n\n(2) When appointing a person under this section the Secretary must appoint a person who is suitably qualified or trained to be a port safety officer.\n\n(3) An appointment under this section is for the term, and subject to the conditions, specified in the instrument of appointment.\n\n(4) Without limiting the conditions to which an appointment under this section may be subject, an appointment may be subject to one or more of the following conditions—\n\n(a) that the person appointed may only exercise the functions and powers specified in the instrument of appointment;\n\n(b) that the functions and powers that the person may exercise under the appointment are subject to the conditions specified in the instrument of appointment.\n\nS. 230M inserted by No. 93/2009 s. 15.\n\n","sortOrder":135},{"sectionNumber":"230M","sectionType":"section","heading":"Identity cards","content":"\t230M Identity cards\n\n(1) The Secretary must issue an identity card to a port safety officer.\n\n(2) An identity card must—\n\n(a) contain the name of the port safety officer to whom it is issued; and\n\n(b) identify the port safety officer to whom it is issued as a port safety officer; and\n\n(c) contain a photograph of the port safety officer.\n\nS. 230N inserted by No. 93/2009 s. 15.\n\n","sortOrder":136},{"sectionNumber":"230N","sectionType":"section","heading":"Return of identity cards","content":"\t230N Return of identity cards\n\nIf a person to whom an identity card has been issued ceases to be a port safety officer, the person must return the identity card to the Secretary as soon as practicable.\n\nS. 230O inserted by No. 93/2009 s. 15.\n\n","sortOrder":137},{"sectionNumber":"230O","sectionType":"section","heading":"Production of identity card","content":"\t230O Production of identity card\n\n(1) A port safety officer must produce his or her identity card for inspection—\n\n(a) before exercising a power under Division 2 or Division 3; or\n\n(b) if asked to do so by any person at any time during the exercise of a power under Division 2 or Division 3.\n\n(2) However, a port safety officer need not produce his or her identity card when asked to do so if—\n\n(a) the officer reasonably believes that the production of his or her identity card would—\n\n(i) affect the safety or welfare of any person; or\n\n(ii) frustrate the effective exercise of a power under Division 2 or Division 3; or\n\n(b) the request to produce his or her identity card is made by a person to whom the officer has already produced that identity card on the same day before exercising a power under Division 2 or Division 3.\n\n(3) Any action taken or thing done by a port safety officer under Division 2 or Division 3 is not invalidated by his or her failure to produce his or her identity card.\n\nDivision 2—Powers of entry and search of vessels\n\nS. 230P inserted by No. 93/2009 s. 15.\n\n","sortOrder":138},{"sectionNumber":"230P","sectionType":"section","heading":"Power to enter and inspect vessels","content":"\t230P Power to enter and inspect vessels\n\n(1) For the purpose of determining whether a hazardous port activity provision is being complied with, a port safety officer may enter a vessel that is in port of Melbourne waters.\n\n(2) Without limiting subsection (1), a port safety officer who enters a vessel under subsection (1) may, for the purpose set out in that subsection, do any one or more of the following—\n\n(a) inspect the vessel; or\n\n(b) seize anything found on the vessel that the port safety officer believes on reasonable grounds to be connected with a contravention of a hazardous port activity provision; or\n\n(c) take samples, photographs or film, videotape or otherwise record images or record sound in connection with the inspection; or\n\n(d) search for and inspect relevant documents; or\n\n(e) require any person in or on the vessel to produce to the port safety officer any document that is required to be kept for the purpose set out in subsection (1) and that is located in or on the vessel and that is in the person's custody or possession or under the person's control; or\n\n(f) make copies of, or take extracts from, any document that is required to be kept for the purpose set out in subsection (1) and that is kept in or on the vessel; or\n\n(g) exercise any other power under this Act conferred on the port safety officer for those purposes.\n\n(3) This section does not authorise the use of force, but the port safety officer may open unlocked doors, panels, objects or other things, or open unlocked places.\n\nS. 230Q inserted by No. 93/2009 s. 15.\n\n","sortOrder":139},{"sectionNumber":"230Q","sectionType":"section","heading":"Production of identity card by port safety officers before vessel searches","content":"\t230Q Production of identity card by port safety officers before vessel searches\n\n(a) a port safety officer wishes to inspect a vessel under this Division; and\n\n(b) the master or operator of the vessel, or another person apparently in charge of the vessel, is present in, on or near the vessel.\n\n(2) Before starting to inspect the vessel, the port safety officer must identify himself or herself to the person by producing his or her identity card for inspection by the person.\n\nS. 230R inserted by No. 93/2009 s. 15.\n\n","sortOrder":140},{"sectionNumber":"230R","sectionType":"section","heading":"Consent not needed for inspections","content":"\t230R Consent not needed for inspections\n\nA port safety officer may exercise a power under this Division at any time, and without the consent of the master or owner of the vessel, or other person apparently in charge of the vessel, or any other person.\n\nDivision 3—Powers of entry and search of premises\n\nS. 230S inserted by No. 93/2009 s. 15.\n\n","sortOrder":141},{"sectionNumber":"230S","sectionType":"section","heading":"Entry of premises with consent","content":"\t230S Entry of premises with consent\n\n(1) A port safety officer may enter premises on port of Melbourne land, with the consent of the occupier of the premises, if the port safety officer believes on reasonable grounds that the entry is necessary because a person has contravened a hazardous port activity provision.\n\n(2) A port safety officer must not exercise a power under subsection (1) in any part of the premises that is used for residential purposes.\n\n(3) A port safety officer must not exercise a power under subsection (1) unless, before asking for the consent of the occupier, the port safety officer—\n\n(a) has produced his or her identity card for inspection; and\n\n(b) has informed the occupier—\n\n(i) of the purpose of the entry and inspection; and\n\n(ii) of the powers that the port safety officer may exercise on entry; and\n\n(iii) that the occupier is not required to consent.\n\n(4) If an occupier consents to the exercise of a power under subsection (1), the port safety officer who requested consent must, before entering the premises, ask the occupier to sign an acknowledgment of the consent.\n\n(5) An acknowledgment must state—\n\n(a) that the occupier has been informed—\n\n(i) of the purpose of the entry and inspection; and\n\n(ii) of the powers that the port safety officer may exercise on entry; and\n\n(iii) that the occupier is not required to consent; and\n\n(c) the purpose of the entry; and\n\n(d) that the occupier has consented to the entry and the exercise of the powers; and\n\n(e) the date and time that the occupier consented.\n\n(6) If an occupier consents to the seizure or taking of any thing during an inspection under this section, the port safety officer must, before seizing or taking the thing, ask the occupier to sign an acknowledgment stating—\n\n(a) that the occupier has consented to the seizure or taking of the thing; and\n\n(b) the date and time that the occupier consented.\n\n(7) An occupier who signs an acknowledgment under this section must immediately be given a copy of the signed acknowledgment.\n\n(8) If, in any proceeding, an acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and exercise of powers or to the seizure or the taking of the thing.\n\nS. 230T inserted by No. 93/2009 s. 15.\n\n","sortOrder":142},{"sectionNumber":"230T","sectionType":"section","heading":"Entry of premises without consent","content":"\t230T Entry of premises without consent\n\n(1) A port safety officer may enter premises on port of Melbourne land if the port safety officer believes on reasonable grounds that the entry is necessary because a person has contravened a hazardous port activity provision.\n\n(2) A port safety officer—\n\n(a) must not exercise a power under subsection (1) in any part of the premises that is used for residential purposes; and\n\n(b) must not exercise a power under subsection (1) except—\n\n(i) when the premises are open for business; or\n\n(ii) when hazardous port activities are being carried out on the premises.\n\n(3) If a port safety officer exercises a power of entry under this section without the owner or occupier being present the port safety officer must, on leaving the premises, leave a notice setting out—\n\n(a) the time of entry; and\n\n(b) the purpose of entry; and\n\n(c) a description of things done while on the premises; and\n\n(d) the time of departure; and\n\n(e) the procedure for contacting the port authority for further details of the entry.\n\nS. 230U inserted by No. 93/2009 s. 15.\n\n","sortOrder":143},{"sectionNumber":"230U","sectionType":"section","heading":"Powers that may be exercised on entry","content":"\t230U Powers that may be exercised on entry\n\nA port safety officer who enters premises under section 230S or 230T may do any one or more of the following—\n\n(a) inspect the premises; or\n\n(b) seize any thing found at the premises that the port safety officer believes on reasonable grounds to be connected with a contravention of a hazardous port activity provision; or\n\n(c) take samples, photographs or film, videotape or otherwise record images or record sound in connection with the inspection; or\n\n(d) search for and inspect relevant documents; or\n\n(e) require any person at the premises to produce to the port safety officer any document that is required to be kept for the purpose for which the inspection is being made and that is located at the premises and that is in the person's custody or possession or under the person's control; or\n\n(f) make copies of, or take extracts from, any document that is required to be kept for the purpose for which the inspection is being made and that is kept at the premises; or\n\n(g) exercise any other power under this Act conferred on the port safety officer for those purposes.\n\nS. 230V inserted by No. 93/2009 s. 15.\n\n","sortOrder":144},{"sectionNumber":"230V","sectionType":"section","heading":"Securing a site","content":"\t230V Securing a site\n\n(1) A port safety officer may take all reasonable steps to secure the perimeter of any area of land entered under this Division if he or she believes on reasonable grounds that it is necessary—\n\n(a) for the purpose of ascertaining whether an offence against a hazardous port activity provision has been committed; or\n\n(b) to preserve evidence relating to the commission of an offence against a hazardous port activity provision.\n\n(2) The perimeter of an area secured under this section may be secured for a period that the port safety officer considers appropriate or the Secretary specifies.\n\nS. 230W inserted by No. 93/2009 s. 15.\n\n","sortOrder":145},{"sectionNumber":"230W","sectionType":"section","heading":"Offence to enter secured site","content":"\t230W Offence to enter secured site\n\nA person must not enter a site the perimeter of which has been secured under section 230V unless the person has a reasonable excuse.\n\n1. 60 penalty units.\n\nDivision 4—Provisions as to use of or seizure of equipment or goods\n\nS. 230X inserted by No. 93/2009 s. 15.\n\n","sortOrder":146},{"sectionNumber":"230X","sectionType":"section","heading":"Use of equipment to examine or process things","content":"\t230X Use of equipment to examine or process things\n\n(1) A port safety officer may bring on to any premises or vessel at which the port safety officer is exercising a power under Division 2 or Division 3 any equipment reasonably necessary for the examination or processing of things found at the premises or on the vessel in order to determine whether they are things that may be seized.\n\n(2) The port safety officer may operate equipment already at the premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized, if the port safety officer believes on reasonable grounds that—\n\n(a) the equipment is suitable for the examination or processing; and\n\n(b) the examination or processing can be carried out without damage to the equipment or the thing.\n\nS. 230Y inserted by No. 93/2009 s. 15.\n\n","sortOrder":147},{"sectionNumber":"230Y","sectionType":"section","heading":"Copies of certain things seized to be given","content":"\t230Y Copies of certain things seized to be given\n\n(1) If, in exercising a power under Division 2 or Division 3, a port safety officer seizes—\n\n(a) a document; or\n\n(b) a thing that can be readily copied; or\n\n(c) a storage device that contains information that can be readily copied—\n\nthe port safety officer must give a copy of the document, thing or information to the owner or the custodian of the document, thing or device as soon as practicable after the seizure.\n\n(2) Subsection (1) does not apply if the port safety officer is unable to discover the identity of the owner or custodian of the document, thing or device.\n\n(3) If it is not practicable to comply with subsection (1) in respect of a document, thing or device before the port safety officer finishes the search, the port safety officer must give a receipt for it to the person from whom it is seized and removed.\n\nS. 230Z inserted by No. 93/2009 s. 15.\n\n","sortOrder":148},{"sectionNumber":"230Z","sectionType":"section","heading":"Access to seized things","content":"\t230Z Access to seized things\n\n(1) If a thing is seized under Division 2 or Division 3, the port safety officer who seized the thing must, if practicable, allow the person who would normally be entitled to possession of it reasonable access to it while it remains in the possession, or under the control, of the port safety officer.\n\n(2) This section does not apply if the port safety officer has given the person an accurate copy of the thing.\n\nS. 230ZA inserted by No. 93/2009 s. 15.\n\n\t230ZA Retention and return of seized documents or things\n\n(1) If a port safety officer seizes a document or other thing under this Part, the port safety officer must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.\n\n(2) If the document or thing seized has not been returned within 3 months after it was seized, the port safety officer must take reasonable steps to return it unless—\n\n(a) proceedings for the purpose for which the document or thing was seized or retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or\n\n(b) the Magistrates' Court makes an order under section 230ZB extending the period during which the document or thing may be retained.\n\nS. 230ZB inserted by No. 93/2009 s. 15.\n\n\t230ZB Magistrates' Court may extend 3 month period\n\n(1) A port safety officer may apply to the Magistrates' Court within 3 months after seizing a document or thing under Division 2 or Division 3 for an extension (not exceeding 3 months) of the period for which the port safety officer may retain the document or thing but so that the total period of retention does not exceed 12 months.\n\n(2) The Magistrates' Court may order such an extension if it is satisfied that the total period of retention of the document or thing does not exceed 12 months and that retention of the document or thing is necessary—\n\n(a) for the purpose of an investigation into whether a contravention of a hazardous port activity provision; or\n\n(b) to enable evidence of a contravention of a hazardous port activity provision to be obtained for the purpose of a proceeding under such a hazardous port activity provision.\n\n(3) The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person.\n\nPt 7A Div. 4A (Heading and ss 230ZBA, 230ZBB) inserted by No. 19/2010 s. 15.\n\nDivision 4A—Port safety infringement notices\n\nS. 230ZBA inserted by No. 19/2010 s. 15.\n\n\t230ZBA Port safety infringements\n\n(1) A port safety officer who has reason to believe that a person has committed a port safety infringement may serve a port safety infringement notice on that person.\n\n(2) An offence referred to in subsection (1) for which a port safety infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\n(3) The penalty for the purposes of this section in respect of any port safety infringement is the amount prescribed in respect of that infringement.\n\nS. 230ZBB inserted by No. 19/2010 s. 15.\n\n\t230ZBB Regulations\n\nThe Governor in Council may make regulations for or with respect to—\n\n(a) prescribing port safety infringements for which a port safety infringement notice may be served; and\n\n(b) in addition to the requirements of section 13 of the **Infringements Act 2006**, any particulars, not inconsistent with that Act, to be contained in a port safety infringement notice; and\n\n(c) the form of a withdrawal notice; and\n\n(d) the method of service of a withdrawal notice; and\n\n(e) the penalties for any port safety infringement; and\n\n(f) the form of the document setting out particulars of prior convictions; and\n\n(g) the form of notices to be endorsed on the document setting out particulars of prior convictions; and\n\n(h) generally prescribing any other matter or thing required or permitted by this Division to be prescribed or necessary to be prescribed to give effect to this Division.\n\nDivision 5—General\n\nS. 230ZC inserted by No. 93/2009 s. 15.\n\n\t230ZC Requirement to assist port safety officer during entry\n\n(1) A port safety officer who is exercising a power under and in accordance with Division 2 or 3 may require the occupier of the premises or master of a vessel—\n\n(a) to produce documents to the port safety officer; and\n\n(b) to give reasonable assistance to the port safety officer.\n\n(2) Without limiting subsection (1), the port safety officer may direct the person to find and gain access to electronically stored information.\n\n(3) A person to whom a direction is given under this section must not refuse or fail to comply with a direction under subsection (1) unless the person has a reasonable excuse.\n\n1. 60 penalty units.\n\n(4) In proceedings for an offence against subsection (3), it is a reasonable excuse if the direction was unreasonable.\n\n(5) In proceedings for an offence against subsection (3), it is a defence if the person charged proves on the balance of probabilities that the direction or its subject-matter was outside the scope of the business or other activities of the person.\n\nS. 230ZD inserted by No. 93/2009 s. 15.\n\n\t230ZD Protection against self-incrimination\n\n(1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.\n\n(2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.\n\nS. 230ZE inserted by No. 93/2009 s. 15.\n\n\t230ZE Persons who may bring proceedings\n\n(1) A port safety officer may bring proceedings for an offence against a hazardous port activity provision.\n\n(2) A port safety officer may conduct before a court any proceedings for an offence against a hazardous port activity provision.\n\nPart VIII—Miscellaneous and transitional\n\nDivision 1—Transfer of powers functions assets liabilities and staff\n\n","sortOrder":149},{"sectionNumber":"231","sectionType":"section","heading":"Definitions","content":"\t231 Definitions\n\nS. 231 def. of *existing securities* amended by No. 44/1989 s. 26(a).\n\n***existing securities*** means debentures, stock, bonds or other securities issued by a former Authority and in existence immediately before 1 July 1989;\n\nS. 231 def. of *former Authority* substituted by No. 44/1989 s. 26(b).\n\n***former Authority*** means—\n\n(a) the Metropolitan Transit Authority; or\n\n(b) the Road Construction Authority; or\n\n(c) the Road Traffic Authority; or\n\n(d) the State Transport Authority;\n\nS. 231 def. of *relevant former Authority* substituted by No. 44/1989 s. 26(c).\n\n***relevant former Authority*** means, in relation to—\n\n(a) the Roads Corporation—the Road Construction Authority and the Road Traffic Authority; and\n\n(b) the Public Transport Corporation—the Metropolitan Transit Authority and the State Transport Authority;\n\nS. 231 def. of *relevant successor Authority* repealed by No. 44/1989 s. 26(d).\n\nS. 231 def. of *relevant successor Corporation* inserted by No. 44/1989 s. 26(d).\n\n***relevant successor Corporation*** means, in relation to—\n\n(a) the Road Construction Authority and the Road Traffic Authority—the Roads Corporation; and\n\n(b) the Metropolitan Transit Authority and the State Transport Authority—the Public Transport Corporation;\n\n***State Employees Retirement Benefits Fund*** means the State Employees Retirement Benefits Fund established under the **State Employees Retirement Benefits Act 1979**;\n\nS. 231 def. of *Super-annuation Fund* amended by No. 50/1988 s. 93(2)(Sch. 2 Pt 2 item 60).\n\n***Superannuation Fund*** means the Superannuation Fund under the **State Superannuation Act 1988**;\n\nS. 231 def. of *transferred officer* amended by No. 44/1989 s. 26(e)(a)(b).\n\n***transferred officer*** means a person who was immediately before 1 July 1989 employed in a former Authority and who by reason of the operation of section 241 becomes employed on and from the appointed day in a Corporation.\n\nS. 232 amended by No. 44/1989 s. 27(a).\n\n","sortOrder":150},{"sectionNumber":"232","sectionType":"section","heading":"Abolition of former Authorities","content":"\t232 Abolition of former Authorities\n\nOn 1 July 1989—\n\n(a) the former Authorities shall be abolished and the members thereof shall go out of office; and\n\nS. 232(b) amended by No. 44/1989 s. 27(b).\n\n(b) the relevant successor Corporations shall become and be the successors in law of the relevant former Authorities.\n\nS. 233 amended by No. 44/1989 s. 28(1)(a).\n\n","sortOrder":151},{"sectionNumber":"233","sectionType":"section","heading":"Transfer of property liabilities contracts debts causes of actions leases etc. to Corporation","content":"\t233 Transfer of property liabilities contracts debts causes of actions leases etc. to Corporation\n\nWithout affecting the generality of section 232 the following provisions shall have effect on and from 1 July 1989:\n\nS. 233(a) amended by No. 44/1989 s. 28(1)(b).\n\n(a) All real and personal property whatsoever including without 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 Corporation for the appropriate purpose under this Act;\n\nS. 233(b) amended by No. 44/1989 s. 28(1)(b).\n\n(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 former Authority shall be transferred to and be borne and discharged by the relevant successor Corporation;\n\nS. 233(c) amended by No. 44/1989 s. 28(1)(a)–(c).\n\n(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 former Authority and in force immediately before 1 July 1989 shall be as binding and of as full force and effect in favour of or against or in relation to the relevant successor Corporation as they would have been in favour of or against or in relation to the former Authority if the **Transport (Amendment) Act 1989** 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 Corporation;\n\nS. 233(d) amended by No. 44/1989 s. 28(1)(a)(b).\n\n(d) All debts lawfully incurred by or owing by or to a former Authority and due and owing immediately before 1 July 1989 shall be deemed to have been incurred by or owing by or to the relevant successor Corporation and may be recovered from or by the relevant successor Corporation accordingly;\n\nS. 233(e) amended by No. 44/1989 s. 28(1)(a)–(c).\n\n(e) All actions causes of action proceedings and claims for compensation (including any claim for arbitration thereon or appeal therefrom or proceeding thereunder or matter arising thereout) immediately before 1 July 1989 pending or existing by or against 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 Corporation as they might have been by or against the former Authority if the **Transport (Amendment) Act 1989** had not been passed and not further or otherwise;\n\nS. 233(f) amended by No. 44/1989 s. 28(1)(b)(c).\n\n(f) 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 Corporation 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 the **Transport (Amendment) Act 1989** had not been passed, and any proceeding or remedy in respect thereof may be instituted continued or enforced by or against the relevant successor Corporation;\n\nS. 233(g) amended by No. 44/1989 s. 28(1)(a)(b).\n\n(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 1 July 1989 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 Corporation;\n\nS. 233(h) amended by No. 44/1989 s. 28(1)(a)(b).\n\n(h) All proclamations Orders in Council by-laws and other instruments made in relation to a former Authority and in force immediately before 1 July 1989 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 Corporation;\n\nS. 233(i) amended by No. 44/1989 s. 28(1)(a)(b).\n\n(i) All funds vested in or held by or in relation to a former Authority immediately before 1 July 1989 for any particular purpose or subject to any Act or enactment or particular trusts shall be transferred to and vested in or held by or in relation to the relevant successor Corporation for the like purposes and subject to the like Act enactment or trusts, 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;\n\nS. 233(j) amended by No. 44/1989 s. 28(1)(a)(b).\n\n(j) 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 1 July 1989 of any force or effect or capable of acquiring any force or effect by virtue of any Act shall be deemed and taken to have been made done or commenced by or on behalf of or in relation to the relevant successor Corporation and shall have effect and may be continued and completed by or on behalf of or in relation to the relevant successor Corporation accordingly; and\n\nS. 233(k) amended by No. 44/1989 s. 28(1)(a)(b).\n\n(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 1 July 1989, if not inconsistent with the context or subject-matter be deemed and taken to refer to the relevant successor Corporation.\n\nSs 234–242 repealed.[[15]](#endnote-16)\n\n","sortOrder":152},{"sectionNumber":"243","sectionType":"section","heading":"Contributors to State Employees Retirement Benefits Fund","content":"\t243 Contributors to State Employees Retirement Benefits Fund\n\nS. 243(1) amended by No. 44/1989 s. 34(a)(b).\n\n(1) A transferred officer who was immediately before 1 July 1989 a contributor to the State Employees Retirement Benefits Fund shall on and after 1 July 1989, for so long as he is employed in a Corporation, continue to be a contributor to that Fund.\n\nS. 243(2) amended by No. 44/1989 s. 34(b).\n\n(2) A transferred officer who continues to be a contributor to the State Employees Retirement Benefits Fund under subsection (1) shall for so long as he is employed in a Corporation, 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 person had continued in employment with the former Authority in which he was employed.\n\n","sortOrder":153},{"sectionNumber":"244","sectionType":"section","heading":"Contributors to Superannuation Fund","content":"\t244 Contributors to Superannuation Fund\n\nS. 244(1) amended by No. 44/1989 s. 35(a)(b).\n\n(1) A transferred officer who was immediately before 1 July 1989 a contributor to the Superannuation Fund shall on and after 1 July 1989, for so long as he is employed in a Corporation, continue to be a contributor to that Fund.\n\nS. 244(2) amended by Nos 50/1988 s. 93(2)(Sch. 2 Pt 2 item 59), 44/1989 s. 35(b).\n\n(2) A transferred officer who continues to be a contributor to the Superannuation Fund under subsection (1) shall, for so long as he is employed in a Corporation, be deemed to be an officer within the meaning of the **State Superannuation Act 1988** and the provisions of the Act shall apply as if that person had continued in employment with the former Authority in which he was employed.\n\nS. 244A inserted by No. 44/1989 s. 36.\n\n","sortOrder":154},{"sectionNumber":"244A","sectionType":"section","heading":"Members of Transport Superannuation Fund","content":"\t244A Members of Transport Superannuation Fund\n\nA transferred officer who was immediately before 1 July 1989 a member of the Transport Superannuation Fund continues, on and after 1 July 1989 for as long as he or she is employed in a Corporation, to be a member of that Fund.\n\n","sortOrder":155},{"sectionNumber":"245","sectionType":"section","heading":"Contributors to other funds","content":"\t245 Contributors to other funds\n\nS. 245(1) amended by No. 44/1989 s. 37(a)–(c).\n\n(1) A transferred officer who was immediately before 1 July 1989 a contributor to or member of a superannuation fund or arrangement, other than the State Employees Retirement Benefits Fund, the Superannuation Fund or the Transport Superannuation Fund, shall on and after 1 July 1989, for so long as he is employed in a Corporation, continue to be a contributor to or member of that Fund.\n\nS. 245(2) amended by Nos 10087 s. 3(1)(Sch. 1 item 289(a)(b)), 44/1989 s. 37(b).\n\n(2) The terms and conditions of a superannuation fund or arrangement to which a transferred officer under subsection (1) continues to contribute or of which he continues to be a member shall, for so long as the transferred officer is employed in a Corporation, apply to that transferred officer as if he had continued in employment with the former Authority with which he had been employed.\n\n","sortOrder":156},{"sectionNumber":"246","sectionType":"section","heading":"Country Roads Board","content":"\t246 Country Roads Board\n\n(1) A person—\n\n(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 immediately before the coming into operation of Schedule 11; and\n\n(b) who occupies a position in the Country Roads Board by reason of which he would become eligible to contribute to the State Employees Retirement Benefits Fund but who has not on the coming into operation of this section commenced contributing to that Fund—\n\nmay notwithstanding anything to the contrary in the **State Employees Retirement Benefits Act 1979** elect not to contribute to that Fund.\n\n(2) An election under subsection (1) may be made at any time between the coming into operation of this section and 30 June 1983.\n\nS. 246(3) amended by No. 44/1989 s. 38.\n\n(3) A person to whom subsection (1) applies, who does not make an election under that subsection 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 a Corporation and the provisions of that Act shall apply accordingly.\n\n(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.\n\nPt 8 Div. 1A (Heading and s. 246A) inserted by No. 106/1997 s. 24.\n\n","sortOrder":157},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Transitional provisions","content":"Division 1A—Transitional provisions\n\nS. 246A inserted by No. 106/1997 s. 24.\n\n","sortOrder":158},{"sectionNumber":"246A","sectionType":"section","heading":"Transport Acts (Amendment) Act 1997","content":"\t246A Transport Acts (Amendment) Act 1997\n\n(1) Despite the repeal of Division 6 of Part 6 by section 21(1) of the **Transport Acts (Amendment) Act 1997**, that Division continues to apply with respect to a private omnibus licence granted under it or any corresponding previous enactment and in force immediately before that repeal.\n\n(2) A licence referred to in subsection (1) continues in force despite the repeal of Division 6 of Part 6 but may be suspended, revoked or cancelled in accordance with this Act as in force immediately before that repeal and, unless sooner revoked or cancelled, expires on the date on which, by force of section 40(3) of the **Public Transport Competition Act 1995**, it is to be taken to expire for the purposes of section 40(2) of that Act.\n\nS. 246B inserted by No. 98/1998 s. 38.\n\n","sortOrder":159},{"sectionNumber":"246B","sectionType":"section","heading":"Rail Corporations (Further Amendment) Act 1998","content":"\t246B Rail Corporations (Further Amendment) Act 1998\n\nOn the repeal of section 6A(2) by section 21(1) of the **Rail Corporations (Further Amendment) Act 1998**, any property vested by force of that section in the Secretary and his or her successors immediately before that repeal vests in the Crown by force of this section.\n\nS. 246C inserted by No. 45/1999 s. 32.\n\n","sortOrder":160},{"sectionNumber":"246C","sectionType":"section","heading":"Rail Corporations and Transport Acts (Amendment) Act 1999","content":"\t246C Rail Corporations and Transport Acts (Amendment) Act 1999\n\n(1) Subject to subsection (3) and (4), any officer or employee of the Public Transport Corporation who, immediately before their transfer under Division 3 of Part 3 of the **Rail Corporations Act 1996** to another passenger transport company, was authorised under section 211, 218B, 221 or 229 continues, on and from that transfer, to be authorised under that provision, for a period of 12 months after the date of that transfer or until they cease to be an employee of a passenger transport company (whichever occurs sooner).\n\n(2) Subject to subsection (3), a person employed in the Department under Part 3 of the **Public Sector Management and Employment Act 1998** who, immediately before their employment under that Part, was an officer of the Public Transport Corporation authorised under section 211, 218B, 221 or 229 continues, on and from their date of employment under that Part, to be authorised under those provisions, for a period of 12 months after that date or until they cease to be employed in the Department under that Part (whichever occurs sooner).\n\n(3) The Secretary may at any time, in writing, revoke or suspend an authorisation that has continued by force of this section.\n\n(4) On or after the transfer of a person to whom subsection (1) applies, an authorisation of that person—\n\n(a) under section 211 ceases to be an authorisation in relation to a transport infringement; and\n\n(b) under section 229 is only with respect to a ticket offence.\n\nS. 246CAA inserted by No. 47/2006 s. 61.\n\n\t246CAA Rail Safety Act 2006—Authorised officers for drug and alcohol testing\n\n(1) A person who, immediately before the relevant date, was an authorised officer appointed by the Secretary under section 100A is, on the relevant date, deemed to be appointed under section 228T—\n\n(a) as a transport safety officer; and\n\n(b) subject to the same restrictions that applied to his or her appointment under section 100A.\n\n(2) Despite section 228U, the Safety Director is not required to issue a person referred to in subsection (1) an identity card.\n\n(3) However, section 228W applies to a person referred to in subsection (1) as if a reference in that section to an identity card were a reference to the certificate issued to the person by the Secretary under section 100A(4).\n\n(4) In this section—\n\n***relevant date*** means the day on which section 125 of the **Rail Safety Act 2006** comes into operation.\n\nPt 8 Div. 1B (Heading and ss 246CA–246CZD) inserted by No. 25/2005 s. 15.\n\nDivision 1B—Validation\n\nS. 246CA inserted by No. 25/2005 s. 15.\n\n\t246CA Definitions\n\n***MTA*** means the Metropolitan Transit Authority established under section 15 (as in force before 1 July 1989);\n\n***PTC*** means the Public Transport Corporation established under section 13 (as substituted by section 9 of the **Transport (Amendment) Act 1989** and in force before 30 June 2003);\n\n***STA*** means the State Transport Authority established under section 13 (as in force before 1 July 1989).\n\nS. 246CB inserted by No. 25/2005 s. 15.\n\n\t246CB Authorized officers for the purposes of sections 212 and 213 appointed by MTA and STA\n\n(1) Anything done or that is purported to have been done by a relevant person under section 212 or 213 during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorized officer by the Managing Director of the MTA or STA (as the case requires) under section 212(2) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed.\n\n(2) In addition, the relevant person is deemed to have been validly appointed as an authorized officer under section 212(2) during the relevant period.\n\n1 1 July 1983 is the day on which section 212 came into operation. See section 1(2)(c).\n\n2 30 June 1989 is the day before the day on which section 40 of and items 12, 13, and 19.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted references to the PTC and the Chief Executive of the PTC.\n\n***relevant person*** means an officer of the MTA or STA whom the Managing Director of the MTA or STA (as the case requires) purportedly appointed to be an authorized officer under section 212(2) during the relevant period.\n\nS. 246CC inserted by No. 25/2005 s. 15.\n\n\t246CC Authorised officers for the purposes of Division 2 of Part VII appointed by PTC\n\n(1) Anything done or that is purported to have been done by a relevant person under section 212 or 213 during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorized officer by the Chief Executive of the PTC under section 212(2) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed.\n\n(2) In addition, the relevant person is deemed to have been validly appointed as an authorized officer under section 212(2) during the relevant period.\n\n***relevant period*** means the period beginning on 1 July 1989 and ending on 7 August 1990;\n\n1 1 July 1989 is the day on which section 40 of and items 12, 13, and 19.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted references to the PTC and the Chief Executive of the PTC.\n\n2 7 August 1990 is the day before the day on which section 42 of the **Crimes Legislation (Miscellaneous Amendments) Act 1989** (No. 25/1989)  came into operation. That section substituted new sections 211 to 215.\n\n***relevant person*** means an officer of the PTC whom the Chief Executive of the PTC purportedly appointed to be an authorized officer under section 212(2) during the relevant period.\n\n(4) Anything done or that is purported to have been done by a relevant person under Division 2 of Part VII during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorised officer by the Chief Executive of the PTC or the PTC (as the case requires) under section 211 has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed.\n\n(5) In addition, the relevant person is deemed to have been validly appointed as an authorised officer under section 211 during the relevant period.\n\n***relevant period*** means the period beginning on 8 August 1990 and ending on 30 May 2000;\n\n1 8 August 1990 is the day on which section 42 of the **Crimes Legislation (Miscellaneous Amendments) Act 1989** (No. 25/1989) came into operation. That section inserted a new section 211 which contained a new definition of ***authorised officer***.\n\n2 30 May 2000 is the day before the day on which section 18 of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section amended the definition of ***authorised officer*** in section 211(1) to take out references to the PTC.\n\n***relevant person*** means an officer of the PTC whom the Chief Executive of the PTC, or the PTC, (as the case requires) purportedly appointed to be an authorised officer under section 211 during the relevant period.\n\nS. 246CD inserted by No. 25/2005 s. 15.\n\n\t246CD Authorised officers for the purposes of section Division 2 of Part II appointed by Secretary\n\n(1) Anything done or that is purported to have been done by a relevant person under Division 2 of Part VII during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorised officer by the Secretary under section 211(1) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed.\n\n(2) In addition, the relevant person is deemed to have been validly appointed as an authorised officer under section 211(1) during the relevant period.\n\n***relevant period*** means the period beginning on 23 November 1995 and ending on 2 December 2003;\n\n1 23 November 1995 is the day on which section 45 of the **Public Transport Competition Act 1995** (No. 68/1995) came into operation. That section amended the definition of ***authorised officer*** to empower the Secretary to appoint authorised officers.\n\n2 2 December 2003 is the day before the day on which section 15(2) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section repealed section 211 on 3 December 2003.\n\n***relevant person*** means a person whom the Secretary purportedly appointed to be an authorised officer under section 211(1) during the relevant period.\n\n(4) Anything done or that is purported to have been done by a relevant person under section 212 or 213 during the relevant period that would have been validly or lawfully done had—\n\n(a) that relevant person been validly authorised to act as an authorised officer by the Secretary under section 221A or 221AB (as the case requires) for the purposes of Part VII; and\n\n(b) in the case of a purported authorisation under section 221AB, regulations been in force under this Act during the relevant period prescribing—\n\nhas, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised, and in the case of a purported authorisation under section 221AB, such regulations had been in force.\n\n(5) In addition, the relevant person is deemed to be, and have always been, validly authorised to act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII.\n\n***relevant period*** means the period beginning on 3 December 2003 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation;\n\n3 December 2003 is the day on which section 15(1) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section inserted a new definition of ***authorised officer*** into section 208.\n\n***relevant person*** means a person whom the Secretary purportedly authorised to, during the relevant period, act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII.\n\nS. 246CE inserted by No. 25/2005 s. 15.\n\n\t246CE Authorized officer for the purposes of section 218 appointed by the MTA or STA\n\n(1) Anything done or that is purported to have been done by a relevant person under section 218 during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorized officer by the Managing Director of the MTA or STA, or the MTA or STA, (as the case requires) under section 218(1) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed.\n\n(2) In addition, the relevant person is deemed to have been validly appointed as an authorized officer under section 218(1) during the relevant period.\n\n1 1 July 1983 is the day on which section 218 came into operation. See section 1(2)(c).\n\n2 30 June 1989 is the day before the day on which section 40 of, and item 23 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted a new section 218(1).\n\n***relevant person*** means an officer of the MTA or the STA whom the Managing Director of the MTA or STA, or the MTA or STA, (as the case requires) purportedly appointed to be an authorized officer under section 218(1) during the relevant period.\n\nS. 246CF inserted by No. 25/2005 s. 15.\n\n\t246CF Authorized officer for the purposes of section 218 or 218B appointed by the PTC under section 218(1)\n\n(1) Anything done or that is purported to have been done by a relevant person under section 218 or 218B during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorized officer by the PTC under section 218(1) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed.\n\n(2) In addition, the relevant person is deemed to have been validly appointed as an authorized officer under section 218(1) during the relevant period.\n\n***relevant period*** means the period beginning on 1 July 1989 and ending on 30 May 2000;\n\nNote to s. 246CF(3) def. of *relevant period* amended by No. 9/2006 s. 129.\n\n1 1 July 1989 is the day on which section 40 of, and item 23 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted a new section 218(1).\n\n2 30 May 2000 is the day before the day on which section 19 of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section repealed section 218.\n\n***relevant person*** means an officer of the PTC whom the PTC purportedly appointed to be an authorized officer under section 218(1) during the relevant period.\n\nS. 246CG inserted by No. 25/2005 s. 15.\n\n\t246CG Authorised officers for the purposes of section 218B appointed by PTC under that section\n\n(1) Anything done or that is purported to have been done by a relevant person under section 218B during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorized officer by the PTC under section 218B(1), has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed.\n\n(2) In addition, the relevant person is deemed to have been validly appointed as an authorized officer under section 218B(1) during the relevant period.\n\n***relevant period*** means the period beginning on 7 December 1993 and ending on 30 May 2000;\n\n1 7 December 1993 is the day on which section 67 of the **Transport (Amendment) Act 1993** (No. 120/1993) came into operation. That section inserted a new section 218B(1).\n\n2 30 May 2000 is the day before the day on which section 19 of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section repealed section 218.\n\n***relevant person*** means an officer of the PTC whom the PTC purportedly appointed to be an authorized officer under section 218B(1) during the relevant period.\n\nS. 246CH inserted by No. 25/2005 s. 15.\n\n\t246CH Authorised officers for the purposes of section 218B by Secretary\n\n(1) Anything done or that is purported to have been done by a relevant person under section 218B during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorised officer by the Secretary under section 218B(1) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed.\n\n(2) In addition, the relevant person is deemed to have been validly appointed as an authorised officer under section 218B(1) during the relevant period.\n\n***relevant period*** means the period beginning on 23 November 1995 and ending on 2 December 2003;\n\n1 23 November 1995 is the day on which section 46 of the **Public Transport Competition Act 1995** (No. 68/1995) came into operation. That section amended the definition of ***authorised officer*** to empower the Secretary to appoint authorised officers for the purposes of the section.\n\n2 2 December 2003 is the day before the day section 17(5) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section repealed section 218B(1) on 3 December 2003.\n\n***relevant person*** means a person whom the Secretary purportedly appointed to be an authorised officer under section 218B(1) during the relevant period.\n\n(4) Anything done or that is purported to have been done by a relevant person under section 218B during the relevant period that would have been validly or lawfully done had—\n\n(a) that relevant person been validly authorised to act as an authorised officer by the Secretary under section 221A or 221AB (as the case requires) for the purposes of Part VII; and\n\n(b) in the case of a purported authorisation under section 221AB, regulations been in force under this Act during the relevant period prescribing—\n\nhas, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised, and in the case of a purported authorisation under section 221AB, such regulations had been in force.\n\n(5) In addition, the relevant person is deemed to be, and have always been, validly authorised to act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII.\n\n***relevant period*** means the period beginning on 3 December 2003 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation;\n\n3 December 2003 is the day on which section 15(1) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section inserted a new definition of ***authorised officer*** into section 208.\n\n***relevant person*** means a person whom the Secretary purportedly authorised to, during the relevant period, act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII.\n\nS. 246CI inserted by No. 25/2005 s. 15.\n\n\t246CI Officers of the MTA and STA authorized for the purposes of section 219(2) or (4)\n\n(1) Anything done or that is purported to have been done by a relevant person under section 219(2) or (4) during the relevant period that would have been validly or lawfully done had that person been validly authorized under the relevant subsection by the MTA or STA to do the thing provided for by the relevant subsection, has, and is deemed always to have had, the same force and effect as it would have had if that officer had been so authorized.\n\n(2) In addition, the relevant person is deemed to have been validly authorized under section 219(2) or (4) (as the case requires) during the relevant period.\n\n***relevant period*** means the period beginning on 17 December 1986 and ending on 30 June 1989;\n\n1 17 December 1986 is the day on which section 33(b) of the **Transport (Amendment) Act 1986** (No. 100/1986) came into operation. That section inserted section 219(2) and (4).\n\n2 30 June 1989 is the day before the day on which section 40 of, and items 18 and 19 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted references to the PTC.\n\n***relevant person*** means an officer of the MTA or STA whom the MTA or STA (as the case requires) purportedly authorized under section 219(2) or (4) to do the thing provided for under the relevant subsection during the relevant period.\n\nS. 246CJ inserted by No. 25/2005 s. 15.\n\n\t246CJ Officers of the PTC authorised for the purposes of section 219(2), (4) or (7)\n\n(1) Anything done or that is purported to have been done by a relevant person under section 219(2) or (4) during the relevant period that would have been validly or lawfully done had that relevant person been validly authorized under the relevant subsection by the PTC to do the thing provided for by the relevant subsection, has, and is deemed always to have had, the same force and effect as it would have had if that person had been so authorized.\n\n(2) In addition, the relevant person is deemed to have been validly authorized under section 219(2) or (4) (as the case requires) during the relevant period.\n\n***relevant period*** means the period beginning on 1 July 1989 and ending on 31 December 1997;\n\n1 1 July 1989 is the day on which section 40 of, and items 18 and 19 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted references to the PTC.\n\n2 31 December 1997 is the day before the day on which section 10 of the **Transport (Rail Safety) Act 1996** (No. 28/1996) came into operation. That section substituted a new section 219.\n\n***relevant person*** means an officer of the PTC whom the PTC purportedly authorized under section 219(2) or (4) to do the thing provided for under the relevant subsection during the relevant period.\n\n(4) Anything done or that is purported to have been done by a relevant person under section 219(7) during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised under that subsection by the PTC to do the thing provided for by that subsection, has, and is deemed always to have had, the same force and effect as it would have had if that person had been so authorised.\n\n(5) In addition, the relevant person is deemed to have been validly authorized under section 219(7) during the relevant period.\n\n***relevant period*** means the period beginning on 1 January 1998 and ending on 29 June 2003;\n\n1 1 January 1998 is the day on which section 10 of the **Transport (Rail Safety) Act 1996** (No. 28/1996) came into operation. That section substituted a new section 219.\n\n2 29 June 2003 is the day before the day on which section 19(2) of the **Transport (Further Amendment) Act 2001** (No. 54/2001) came into operation. That section repealed section 219(7).\n\n***relevant person*** means an officer of the PTC whom the PTC purportedly authorised under section 219(7) to do the thing provided for under that subsection during the relevant period.\n\nS. 246CK inserted by No. 25/2005 s. 15.\n\n\t246CK Officers of the PTC authorised for the purposes of section 219A\n\n(1) Anything done or that is purported to have been done by a relevant person under section 219A during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised under section 219A(2) by the PTC to do the thing provided for by that section, has, and is deemed always to have had, the same force and effect as it would have had if that person had been so authorised.\n\n(2) In addition, the relevant person is deemed to have been validly authorized under section 219A(2) during the relevant period.\n\n***relevant period*** means the period beginning on 1 January 1998 and ending on 29 June 2003;\n\n1 1 January 1998 is the day on which section 10 of the **Transport (Rail Safety) Act 1996** (No. 28/1996) came into operation. That section substituted a new section 219A.\n\n2 30 May 2000 is the day before the day on which section 22 of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section repealed section 219A.\n\n***relevant person*** means an officer of the PTC whom the PTC purportedly authorised under section 219A(2) to do the thing provided for under that subsection during the relevant period.\n\nS. 246CL inserted by No. 25/2005 s. 15.\n\n\t246CL Relevant employees and authorised officers for the purposes of section 219\n\n(1) Anything done or that is purported to have been done by a relevant person under section 219 during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised as a relevant employee by the Secretary under section 219(1A)(b) for the purposes of section 219 has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised.\n\n(2) In addition, the relevant person is deemed to have been validly authorised as an authorised officer under section 219(1A)(b) for the purposes of section 219 during the relevant period.\n\n***relevant period*** means the period beginning on 23 December 1999 and ending on 3 December 2003;\n\n1 23 December 1999 is the day on which section 10 of the **Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999** (No. 63/1999) came into operation. That section inserted section 219(1A).\n\n2 2 December 2003 is the day before the day on which section 17(5) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section repealed section 219(1A).\n\n***relevant person*** means a person whom the Secretary purportedly authorised to be a relevant employee under section 219(1A)(b) during the relevant period.\n\n(4) Anything done or that is purported to have been done by a relevant person under section 219 during the relevant period that would have been validly or lawfully done had—\n\n(a) that relevant person been validly authorised to act as an authorised officer by the Secretary under section 221A or 221AB (as the case requires) for the purposes of Part VII; and\n\n(b) in the case of a purported authorisation under section 221AB, regulations been in force under this Act during the relevant period prescribing—\n\nhas, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised, and in the case of a purported authorisation under section 221AB, such regulations had been in force.\n\n(5) In addition, the relevant person is deemed to be, and have always been, validly authorised to act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII.\n\n***relevant period*** means the period beginning on 3 December 2003 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation;\n\n3 December 2003 is the day on which section 15(1) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section inserted a new definition of ***authorised officer*** into section 208.\n\n***relevant person*** means a person whom the Secretary purportedly authorised to, during the relevant period, act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII.\n\nS. 246CM inserted by No. 25/2005 s. 15.\n\n\t246CM Authorised persons for the purposes of section 219AA\n\n(1) Anything done or that is purported to have been done by a relevant person under section 219AA during the relevant period that would have been validly or lawfully done had—\n\n(i) validly authorised as an authorised person by the Secretary under section 219AA(1) for the purposes of section 219AA; and\n\n(ii) given an authorisation by the Secretary under Division 4AA of Part VII for the purposes of section 219AA; and\n\n(2) In addition, the relevant person is deemed to have been validly authorised as an authorised person under section 219AA(1) for the purposes of section 219AA during the relevant period.\n\n1 24 August 1999 is the day on which section 32 of the **Rail Corporations (Further Amendment) Act 1998** (No. 98/1998) came into operation. That section inserted section 219AA.\n\n2 2 December 2003 is the day before the day section 17(8) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section repealed section 219AA.\n\n(a) whom the Secretary purportedly authorised to be an authorised person under section 219AA(1) for the purposes of section 219AA during the relevant period; and\n\n(b) to whom the Secretary purportedly gave an authorisation under Division 4AA of Part VII for the purposes of section 219AA that existed during the relevant period.\n\nS. 246CN inserted by No. 25/2005 s. 15.\n\n\t246CN Authorised persons, authorised officers and relevant employees for the purposes of section 220\n\n(1) Anything done or that is purported to have been done by a relevant person under section 220 during the relevant period that would have been validly or lawfully done had—\n\n(i) validly authorised, as the case requires, as an authorised person or relevant employee by the Secretary under section 220(1) for the purposes of section 220; and\n\n(ii) given an authorisation by the Secretary under Division 4AA of Part VII for the purposes of section 220; and\n\n(2) In addition, the relevant person is deemed to have been validly authorised as an authorised person or relevant employee (as the case requires) under section 220(1) for the purposes of section 220 during the relevant period.\n\n1 24 August 1999 is the day on which section 24(1) of the **Rail Corporations and Transport Acts (Amendment) Act 1999** (No. 45/1999) came into operation. That section substituted a new section 220(1).\n\n2 2 December 2003 is the day before the day section 17(9) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003)  came into operation. That section repealed section 220(1).\n\n(a) whom the Secretary purportedly authorised to be, as the case requires, an authorised person or relevant employee under section 220(1) for the purposes of section 220 during the relevant period; and\n\n(b) to whom the Secretary purportedly gave an authorisation under Division 4AA of Part VII for the purposes of section 220 that existed during the relevant period.\n\n(4) Anything done or that is purported to have been done by a relevant person under section 220 during the relevant period that would have been validly or lawfully done had—\n\n(a) that relevant person been validly authorised to act as an authorised officer by the Secretary under section 221A or 221AB (as the case requires) for the purposes of Part VII; and\n\n(b) in the case of a purported authorisation under section 221AB, regulations been in force under this Act during the relevant period prescribing—\n\nhas, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised, and in the case of a purported authorisation under section 221AB, such regulations had been in force.\n\n(5) In addition, the relevant person is deemed to be, and have always been, validly authorised to act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII.\n\n***relevant period*** means the period beginning on 3 December 2003 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation;\n\n3 December 2003 is the day on which section 15(1) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section inserted a new definition of ***authorised officer*** into section 208.\n\n***relevant person*** means a person whom the Secretary purportedly authorised to, during the relevant period, act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII.\n\nS. 246CO inserted by No. 25/2005 s. 15.\n\n\t246CO Authorized persons for the purposes of section 221 authorized by MTA or STA\n\n(1) Anything done or that is purported to have been done by a relevant person under section 221 during the relevant period that would have been validly or lawfully done had that relevant person been validly authorized as an authorized person by the MTA or the STA (as the case requires) under section 221(1)(c) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorized.\n\n(2) In addition, the relevant person is deemed to have been validly authorized as an authorized person under section 221(1)(c) during the relevant period.\n\n1 1 July 1983 is the day on which section 221 came into operation. See section 1(2)(c).\n\n2 30 June 1989 is the day before the day on which section 40 of, and item 2.2 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted new references to the PTC.\n\n***relevant person*** means a person whom the MTA or the STA purportedly authorized to be an authorized person under section 221(1)(c) during the relevant period.\n\nS. 246CP inserted by No. 25/2005 s. 15.\n\n\t246CP Authorized persons for the purposes of section 221 authorized by PTC\n\n(1) Anything done or that is purported to have been done by a relevant person under section 221 during the relevant period that would have been validly or lawfully done had that relevant person been validly authorized as an authorized person by the PTC under section 221(1)(c) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorized.\n\n(2) In addition, the relevant person is deemed to have been validly authorized as an authorized person under section 221(1)(c) during the relevant period.\n\n***relevant period*** means the period beginning on 1 July 1989 and ending on 30 May 2000;\n\n1 1 July 1989 is the day on which section 40 of, and item 2.2 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted new references to the PTC.\n\n2 30 May 2000 is the day before the day on which section 24 of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section substituted section 221(1)(c).\n\n***relevant person*** means a person whom the PTC purportedly authorized to be an authorized person under section 221(1)(c) during the relevant period.\n\nS. 246CQ inserted by No. 25/2005 s. 15.\n\n\t246CQ Authorized persons for the purposes of section 221 authorised by the Secretary\n\n(1) Anything done or that is purported to have been done by a relevant person under section 221 during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised as an authorized person by the Secretary under section 221(1)(c) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised.\n\n(2) In addition, the relevant person is deemed to have been validly authorised as an authorized person under section 221(1)(c) during the relevant period.\n\n***relevant period*** means the period beginning on 23 November 1995 and ending on 23 August 1999;\n\n1 23 November 1995 is the day on which section 47(1) of the **Public Transport Competition Act 1995** (No. 68/1995) came into operation. Section 47(1) amended section 221(1)(c) to empower the Secretary to authorise persons as authorized persons for the purposes of section 221.\n\n2 23 August 1999 is the day before the day on which section 37 of the **Rail Corporations (Amendment) Act 1997** (No. 104/1997) and section 27 of the **Rail Corporations and Transport Acts (Amendment) Act 1999** (No. 45/1999) came into operation. Those sections inserted Divisions 4A and 4AA into Part VII.\n\n***relevant person*** means a person whom the Secretary purportedly authorised to be an authorized person under section 221(1)(c) during the relevant period.\n\n(4) Anything done or that is purported to have been done by a relevant person under section 221 during the relevant period that would have been validly or lawfully done had—\n\n(i) validly authorised as an authorized person by the Secretary under section 221(1)(c) for the purposes of section 221; and\n\n(ii) given an authorisation by the Secretary under Division 4AA of Part VII for the purposes of section 221; and\n\n(ii) a number of days for the purposes of each sections 221G(3) and 228I(4); and\n\n(5) In addition, the relevant person is deemed to have been validly authorised as an authorized person under section 221(1)(c) for the purposes of section 221 during the relevant period.\n\n1 24 August 1999 is the day on which section 37 of the **Rail Corporations (Amendment) Act 1997** (No. 104/1997) and section 27 of the **Rail Corporations and Transport Acts (Amendment) Act 1999** (No. 45/1999) came into operation. Those sections inserted Divisions 4A and 4AA into Part VII.\n\n2 2 December 2003 is the day before the day section 17(10) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section repealed section 221(1).\n\n(a) whom the Secretary purportedly authorised to be an authorized person under section 221(1)(c) during the relevant period; and\n\n(b) to whom the Secretary purportedly gave an authorisation under Division 4AA of Part VII for the purposes of section 221 that existed during the relevant period.\n\n(7) Anything done or that is purported to have been done by a relevant person under section 221 during the relevant period that would have been validly or lawfully done had—\n\n(a) that relevant person been validly authorised to act as an authorised officer by the Secretary under section 221A or 221AB (as the case requires) for the purposes of Part VII; and\n\n(b) in the case of a purported authorisation under section 221AB, regulations been in force under this Act during the relevant period prescribing—\n\nhas, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised, and in the case of a purported authorisation under section 221AB, such regulations had been in force.\n\n(8) In addition, the relevant person is deemed to be, and have always been, validly authorised to act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII.\n\n(9) In subsections (7) and (8)—\n\n***relevant period*** means the period beginning on 3 December 2003 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation;\n\n3 December 2003 is the day on which section 15(1) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section inserted a new definition of ***authorised officer*** into section 208.\n\n***relevant person*** means a person whom the Secretary purportedly authorised to, during the relevant period, act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII.\n\nS. 246CR inserted by No. 25/2005 s. 15.\n\n\t246CR Authorised officers for the purposes of section 221AA\n\n(1) Anything done or that is purported to have been done by a relevant person under section 221AA during the relevant period that would have been validly or lawfully done had—\n\n(a) that relevant person been validly authorised to act as an authorised officer by the Secretary under section 221A or 221AB (as the case requires) for the purposes of Part VII; and\n\n(b) in the case of a purported authorisation under section 221AB, regulations been in force under this Act during the relevant period prescribing—\n\nhas, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised, and in the case of a purported authorisation under section 221AB, such regulations had been in force.\n\n(2) In addition, the relevant person is deemed to be, and have always been, validly authorised to act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII.\n\n***relevant period*** means the period beginning on 3 December 2003 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation;\n\n3 December 2003 is the day section 15(1) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section inserted a new definition of ***authorised officer*** into section 208.\n\n***relevant person*** means a person whom the Secretary purportedly authorised to, during the relevant period, act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII.\n\nS. 246CS inserted by No. 25/2005 s. 15.\n\n\t246CS Examples of things validated\n\nWithout limiting sections 246CB to 246CR, those sections apply with respect to the following—\n\n(a) the issue and service of ticket and transport infringement notices under section 212 during the period beginning on 24 August 1999 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation;\n\n(b) the request of a person to state his or her name and address and the request of a person to provide evidence of the correctness of that name or address under section 218B as in force from time to time;\n\n(c) the arrest without a warrant of a person under section 219 as in force from time to time;\n\n(d) the detention of a person under section 219AA while that section was in force;\n\n(e) the summary removal of persons and their property (if any), under section 220 (as in force from time to time), from—\n\n(i) any vehicle owned or operated by or on behalf of a passenger transport company; or\n\n(ii) any premises or property of a passenger transport company;\n\n(f) the request, under section 221 (as in force from time to time), of a person who has made a journey in a carriage or was on land or premises for which a ticket was required to produce a ticket that is valid for that journey or entry;\n\n(g) the request, under section 221 (as in force from time to time), of a person who has made a journey in a carriage or was on land or premises for which a ticket was required to produce a ticket that is valid for that journey or entry;\n\n(h) the request, under section 221AA (as in force from time to time), of a person who has just left a carriage, or land or premises for entry to which a ticket is required, to produce for inspection the ticket that the person used for the journey, or to be on the land or premises.\n\nS. 246CT inserted by No. 25/2005 s. 15.\n\n\t246CT Accreditations under Division 4A of Part VII\n\n(1) An accreditation (other than a temporary accreditation) that is given or purportedly given by the Secretary under section 228C during the relevant period that would have been validly and lawfully given had regulations been in force under this Act prescribing a period for the purposes of section 228F(1) has, and is deemed always to have had, the same force and effect as it would have had if such regulations had been in force.\n\n(2) An accreditation renewed or purportedly renewed by the Secretary under section 228J during the relevant period that would have been validly and lawfully renewed had regulations been in force under this Act prescribing—\n\n(a) a period for the purposes of section 228J(4); and\n\n(b) a number of days for the purposes of section 228I(4); and\n\n(c) a late renewal application fee for the purposes of section 228I(5)—\n\nhas, and is deemed always to have had, the same force and effect as it would have had if such regulations had been in force.\n\n***relevant period*** means the period beginning on 24 August 1999 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation.\n\n24 August 1999 is the day on which section 37 of the **Rail Corporations (Amendment) Act 1997** (No. 104/1997) came into operation. That section inserted Division 4A into Part VII.\n\nS. 246CU inserted by No. 25/2005 s. 15.\n\n\t246CU Prosecutorial authorisations by the MTA or STA\n\n(1) Anything done or that is purported to have been done by a relevant person under section 229(1) or 229(1A) (as the case requires) during the relevant period that would have been validly or lawfully done had that relevant person been validly authorized by the MTA or STA, under section 229(1) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorized.\n\n(2) In addition, the relevant person is deemed to have been validly authorized to do the thing under section 229(1) or 229(1A) during the relevant period.\n\n(a) in relation to anything done or that is purported to have been done by a relevant person under section 229(1), the period beginning on 1 July 1983 and ending on 30 June 1989;\n\n1 1 July 1983 is the day on which section 229 came into operation. See section 1(2)(c).\n\n2 30 June 1989 is the day before the day on which section 40 of, and item 2.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted new references to the PTC.\n\n(b) in relation to anything done or that is purported to have been done by a relevant person under section 229(1A), the period beginning on 12 January 1987 and ending on 30 June 1989;\n\n1 12 January 1987 is the day on which section 41(b) of the **Transport (Amendment) Act 1986** (No. 100/1986) came into operation. That section inserted section 229(1A).\n\n2 30 June 1989 is the day before the day on which section 40 of, and item 2.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted new references to the PTC.\n\n(a) in relation to anything done or that is purported to have been done under section 229(1), a person whom the MTA or STA purportedly authorized under that section to do the thing under that subsection during the relevant period;\n\n(b) in relation to anything done or that is purported to have been done under section 229(1A), an officer of the MTA or STA whom the MTA or STA (as the case requires) purportedly authorized under 229(1) to do the thing under section 229(1A) during the relevant period.\n\nS. 246CV inserted by No. 25/2005 s. 15.\n\n\t246CV Prosecutorial authorisations by the PTC\n\n(1) Anything done or that is purported to have been done by a relevant person under a relevant prosecutorial provision during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised by the PTC, under that provision, to do that thing has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised.\n\n(2) In addition, the relevant person is deemed to have been validly authorised to do the thing under the relevant prosecutorial provision during the relevant period.\n\n(a) in relation to anything done or that is purported to have been done under section 229(1), the period beginning on 1 July 1989 and ending on 30 May 2000;\n\n1 1 July 1989 is the day on which section 40 of, and item 2.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted new references to the PTC.\n\n2 30 May 2000 is the day before the day on which section 28(1) of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section removed references to the PTC.\n\n(b) in relation to anything done or that is purported to have been done under section 229(1A), the period beginning on 1 July 1989 and ending on 30 May 2000;\n\n1 1 July 1989 is the day on which section 40 of, and item 2.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. That section substituted new references to the PTC.\n\n2 30 May 2000 is the day before the day on which section 28(2) of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section removed references to the PTC.\n\n(c) in relation to anything done or that is purported to have been done under section 229(1B)(a), the period beginning on 15 June 1994 and ending on 30 May 2000;\n\n1 15 June 1994 is the day on which section 26(1) of the **Transport (Further Amendment) Act 1994** (No. 60/1994) came into operation. That section inserted section 229(1B).\n\n2 30 May 2000 is the day before the day on which section 28(3) of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section removed references to the PTC.\n\n(a) in relation to anything done or that is purported to have been done under section 229(1), a person whom the PTC purportedly authorised under that subsection to do the thing under that subsection during the relevant period;\n\n(b) in relation to anything done or that is purported to have been done under section 229(1A) during the period beginning on 1 July 1989 and ending on 14 June 1994 within the relevant period, a person whom the PTC purportedly authorised under section 229 to do the thing under section 229(1A) during that period;\n\n1 1 July 1989 is the day on which section 40 of, and item 2.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. That section substituted new references to the PTC.\n\n2 14 June 1994 is the day before the day on which section 26(1) of the **Transport (Further Amendment) Act 1994** (No. 60/1994) came into operation. That section substituted a new section 229(1A).\n\n(c) in relation to anything done or that is purported to have been done under section 229(1A) during the period beginning on 15 June 1994 and ending on 30 May 2000 within the relevant period, a person whom the PTC purportedly authorised under that subsection to do the thing under that subsection during that period;\n\n1 15 June 1994 is the day on which section 26(1) of the **Transport (Further Amendment) Act 1994** (No. 60/1994) came into operation. That section substituted a new section 229(1A).\n\n2 30 May 2000 is the day before the day on which section 28(3) of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section removed references to the PTC.\n\n(d) in relation to anything done or that is purported to have been done under section 229(1B), a person whom the PTC purportedly authorised under that subsection to do the thing under that section;\n\n***relevant prosecutorial provision*** means section 229(1), 229(1A) or 229(1B)(a) as in force from time to time during the relevant period.\n\nS. 246CW inserted by No. 25/2005 s. 15.\n\n\t246CW Prosecutorial authorisations by the Secretary\n\n(1) Anything done or that is purported to have been done by a relevant person under a relevant prosecutorial provision during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised by the Secretary, under that provision, to do that thing has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised.\n\n(2) In addition, the relevant person is deemed to be, and always have been, validly authorised to do the thing under the relevant prosecutorial provision.\n\n(a) in relation to anything done or that is purported to have been done under section 229(1), the period beginning on 15 June 1994 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation;\n\n15 June 1994 is the day on which section 26(1) of the **Transport (Further Amendment) Act 1994** (No. 60/1994) came into operation. That section substituted section 229(1) and empowered the Secretary to authorise persons.\n\n(b) in relation to anything done or that is purported to have been done under section 229(1AA), the period beginning on 24 August 1999 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation;\n\n24 August 1999 is the day on which section 36(1) of the **Rail Corporations (Further Amendment) Act 1998** (No. 981998) came into operation. That section inserted section 229(1AA).\n\n(c) in relation to anything done or that is purported to have been done under section 229(1A), the period beginning on 24 August 1999 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation;\n\n24 August 1999 is the day on which section 30 of the **Rail Corporations and Transport Acts (Amendment) Act 1999** (No. 45/1999) came into operation. That section substituted section 229(1A) and empowered the Secretary to authorise persons.\n\n(d) in relation to anything done or that is purported to have been done under section 229(1B)(a), the period beginning on 15 June 1994 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation;\n\n15 June 1994 is the day on which section 26(1) of the **Transport (Further Amendment) Act 1994** (No. 60/1994) came into operation. That section inserted section 229(1B).\n\n***relevant prosecutorial provision*** means section 229(1), 229(1AA), 229(1A) or 229(1B) as in force from time to time during the relevant period;\n\n(a) in relation to anything done or that is purported to have been done under section 229(1), a person whom the Secretary purportedly authorised under that subsection to do the thing under that subsection during the relevant period;\n\n(b) in relation to anything done or that is purported to have been done under section 229(1AA), a person who is employed or engaged by a passenger transport company or a bus company whom the Secretary purportedly authorised under that subsection to do the thing under that subsection during the relevant period;\n\n(c) in relation to anything done or that is purported to have been done under section 229(1A), a person whom the Secretary purportedly authorised under that subsection to do the thing under that subsection during the relevant period;\n\n(d) in relation to anything done or that is purported to have been done under section 229(1B)(a), a person whom the Secretary purportedly authorised under that section to do the thing under that subsection during the relevant period.\n\nS. 246CX inserted by No. 25/2005 s. 15.\n\n\t246CX Only things done or purported to have been done under a purported authorisation and appointment validated\n\n(1) Despite anything to the contrary in this Division, sections 246CB to 246CR and sections 246CU to 246CW are deemed to only validate things done or purported to have been done by a person under a purported authorisation or appointment—\n\n(a) during the period for which that person was purportedly authorised or appointed under the purported authorisation or appointment; and\n\n(b) that the purported authorisation or appointment purported to authorise to be done.\n\n(2) In this section, ***purported authorisation or appointment*** means an authorisation or appointment referred to in sections 246CB to 246CR and sections 246CU to 246CW.\n\nS. 246CY inserted by No. 25/2005 s. 15.\n\n\t246CY Evidence\n\n(1) Every relevant person who, during the relevant period, was purported to be authorised under section 230(4) (as in force from time to time) by a relevant authority to sign a notice, statement, certificate or other document, is deemed to be, and always to have been, validly authorised by the relevant authority to sign that notice, statement, certificate or other document.\n\n***relevant authority*** means—\n\n(a) in relation to an officer of the MTA or STA, the Managing Director of that Authority;\n\n(b) in relation to an officer of the PTC, the Chief Executive of the PTC;\n\n(c) in the case of an officer of the Department, the Secretary;\n\n(d) in the case of a person who is employed or engaged by a passenger transport company, a bus company, or a rail corporation, the chief executive of the passenger transport company, bus company, or rail corporation (as the case requires);\n\n***relevant period*** means the period beginning on 1 July 1983 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation;\n\n1 July 1983 is the day on which section 230 came into operation. See section 1(2)(c).\n\n(a) an officer of the MTA or STA;\n\n(b) an officer of the PTC;\n\n(c) an officer of the Department;\n\n(d) a person who is employed or engaged by a passenger transport company, a bus company, or a rail corporation.\n\nS. 246CZ inserted by No. 25/2005 s. 15.\n\n\t246CZ Delegations generally in relation to authorisations\n\n(1) Every exercise or purported exercise of a power of authorisation under an instrument of delegation executed under a relevant delegation provision during the period beginning on 1 July 1983 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation is deemed to have, and always to have had, the same force and effect as it would have had if the exercise or purported exercise of that power had been validly and lawfully exercised by the relevant authority.\n\n(2) In subsection (1)—\n\n***power of authorisation*** means a power conferred under a relevant authorisation provision to, as the case requires—\n\n(a) appoint or authorise a person or an officer of the MTA, STA or PTC to be an authorised officer or authorized person under that provision; or\n\n(b) give an authorisation under that provision;\n\n***relevant authorisation provision*** means—\n\n(a) section 211(1), 212(2), 218(1), 218B(1), 219(1A), (2), (4) or (7), 219A(2), 219AA(1), 220(1) or 221(1)(c);\n\n(b) 221A, 221AB, 221C(1) or 221H;\n\n***relevant authority*** means—\n\n(a) in the case of section 211(1) (as in force during the relevant periods as defined in sections 246CC(6) and 246CD(3)), the Chief Executive of the PTC, the PTC or the Secretary;\n\n(b) in the case of section 212(2) (as in force during the relevant periods as defined in sections 246CB(3) and 246CC(3)), the Managing Director of the MTA or STA or the Chief Executive of the PTC;\n\n(c) in the case of section 218(1) (as in force during the relevant periods as defined in sections 246CE(3) and 246CF(3)), the Managing Director of the MTA, the Managing Director of the STA, the MTA, STA or the PTC;\n\n(d) in the case of section 218B(1) (as in force during the relevant periods as defined in section 246CG(3) and 246CH(3)), the PTC or the Secretary;\n\n(e) in the case of section 219(2), (4) or (7) (as in force during the relevant periods as defined in section 246CI(3), 246CJ(3) and (6)), the MTA, STA or PTC;\n\n(f) in the case of section 219A(2) (as in force during the relevant period as defined in section 246CK(3)), the PTC;\n\n(g) in the case of section 219(1A) (as in force during the relevant period as defined in section 246CL(3)), the Secretary;\n\n(h) in the case of section 219AA(1) (as in force during the relevant period as defined in section 246CM(3)), the Secretary;\n\n(i) in the case of section 220(1) (as in force during the relevant period as defined in section 246CN(3)), the Secretary;\n\n(j) in the case of section 221(1)(c) (as in force during the relevant periods as defined in sections 246CO(3), 246CP(3) and 246CQ(3) and (6)), the MTA, STA, PTC or the Secretary;\n\n(k) in the case of sections 221A, 221AB, 221C(1) and 221H (as in force from time to time), the Secretary;\n\n***relevant delegation provision*** means section 6B or section 32(1A), (2), (3) or (3A) (as in force from time to time during the relevant period).\n\nS. 246CZA inserted by No. 25/2005 s. 15.\n\n\t246CZA Delegations generally in relation to accreditations\n\n(1) Every exercise or purported exercise of a power of accreditation under an instrument of delegation executed under a relevant delegation provision during the period beginning on 24 August 1999 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation is deemed to have, and always to have had, the same force and effect as it would have had if the exercise or purported exercise of that power had been validly and lawfully exercised by the Secretary.\n\n(2) In subsection (1)—\n\n***power of accreditation*** means a power conferred under a relevant accreditation provision;\n\n***relevant accreditation provision*** means a provision of Division 4A of Part VII which confers a function or power on the Secretary;\n\n***relevant delegation provision*** means section 6B or 32(1A).\n\nS. 246CZB inserted by No. 25/2005 s. 15.\n\n\t246CZB Incorrect delegations purportedly under section 6B\n\n(1) Every instrument of delegation executed by the Secretary under section 6B during the relevant period delegating or purportedly delegating the Secretary's—\n\n(a) power of authorisation under a relevant authorisation provision; or\n\n(b) power of accreditation under a relevant accreditation provision—\n\nthat would have been a valid and lawful instrument had that instrument been executed under section 32(1A) has and is deemed always to have had the same force and effect as it would have had if that instrument had been validly and lawfully executed under section 32(1A).\n\n***relevant accreditation provision*** means a provision of Division 4A of Part VII which confers a function or power on the Secretary;\n\n***relevant authorisation provision*** means any of the following provisions as in force during the relevant period—\n\n(a) section 211(1), 218(1), 219(1A)(b), 219(2), (4), (7), 219A(2), 219AA(1), 220(1), 221(1)(c) or 221C(1);\n\n(b) section 221A, 221AB or 221H;\n\n***relevant period*** means the period beginning on 1 September 1994 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation.\n\n1 September 1994 is the day on which section 6 of the **Transport (Further Amendment) Act 1994** (No. 60/1994) came into operation. That section inserted section 6B.\n\nS. 246CZC inserted by No. 25/2005 s. 15.\n\n\t246CZC No proceedings may be brought\n\n(1) Proceedings (whether criminal or civil) and including proceedings—\n\n(a) seeking damages or compensation; or\n\n(b) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; or\n\n(c) seeking a writ of habeas corpus; or\n\n(d) seeking any order under the **Administrative Law Act 1978**—\n\nmay not be brought in respect of any matter or thing that, by reason of the operation of sections 246CA to 246CZB, is deemed to be valid or lawful or to have been validly or lawfully done.\n\n(2) Despite subsection (1), a criminal proceeding may be brought that relies on a matter or thing that, by reason of the operation of sections 246CA to 246CZB, is deemed to be valid or lawful or to have been validly or lawfully done.\n\nS. 246CZD inserted by No. 25/2005 s. 15.\n\n\t246CZD Preservation of rights only in certain proceedings\n\n(1) Subject to subsection (2), this Division affects the rights of parties in any proceeding (whether criminal or civil) commenced, and not finally disposed of, before the day on which section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation.\n\n(2) Nothing in this Division is to be taken to—\n\n(a) affect the rights of the parties in the proceeding known as *Arachichi v Clark*  heard and determined in the Magistrates' Court at Melbourne on 14 February 2005; or\n\n(b) the rights of the parties in the proceeding known as *Clark v National Express Group Australia (Swanston Trams) Pty Ltd (ABN 25 087 494 997)* (CI 03 70091 of 2003) in the County Court.\n\nPt 8 Div. 1C (Heading and ss 246CZE–246CZH) inserted by No. 35/2014 s. 45.\n\nDivision 1C—Wheelchair accessible taxi-cab fixed term licence fee instalment amounts\n\nS. 246CZE inserted by No. 35/2014 s. 45.\n\n\t246CZE Definitions\n\n***2010 Order*** means the Order made under section 143A dated 17 June 2010 and published in the Government Gazette (No. S246) on 28 June 2010 and includes the Rules set out in Appendix 1 to the Order;\n\n***2014 amending Order*** means the Order made under section 143A dated 16 February 2014 and published in the Government Gazette (No. S44) on 17 February 2014;\n\n***new taxi-cab licence*** has the same meaning as in Part VI;\n\n***taxi-cab*** has the same meaning as in Part VI;\n\n***taxi-cab licence*** has the same meaning as in Part VI;\n\n***WAT fixed term licence*** means a taxi-cab licence granted under section 143A(2) and in accordance with the 2010 Order in respect of a wheelchair accessible taxi‑cab;\n\n***wheelchair accessible taxi-cab*** means a taxi-cab that has been constructed or modified so that it can accommodate and secure one or more occupied wheelchairs.\n\nS. 246CZF inserted by No. 35/2014 s. 45.\n\n\t246CZF Instalment amounts for licence fees for WAT fixed term licences changed\n\n(1) This section applies despite anything to the contrary in section 143A or the 2010 Order but subject to section 246CZG.\n\n(2) The third and subsequent instalment amounts payable in respect of a licence fee for a WAT fixed term licence in accordance with section 143A and the 2010 Order are taken to be substituted with the instalment amounts set out in the following Table—\n\n**Table**\n\n| *Instalment* | *Instalment amount* |\n| Third | $18 400 less the amount of the annual licence fee payable under section 147A(1) for the licence in the year the third instalment is payable |\n| Fourth | $18 400 less the amount of the annual licence fee payable under section 147A(1) for the licence in the year the fourth instalment is payable |\n| Fifth to tenth | The appropriate wheelchair accessible taxi-cab annual licence fee for the Zone specified in the licence set out in the Table in section 147A(2B) |\n\nUnder rule 15.3.2 of the Rules set out in Appendix 1 to the 2010 Order, the licence fee for a WAT fixed term licence is payable in 10 annual instalments.\n\n(3) Each instalment amount set out in the Table in subsection (2) is taken to be payable as follows—\n\n(a) for the third instalment amount, on the third anniversary of the day on which the applicable WAT fixed term licence was granted;\n\n(b) for the fourth instalment amount, on the fourth anniversary of the day on which the applicable WAT fixed term licence was granted;\n\n(c) for the fifth to the tenth instalment amount, on the relevant anniversary of the day on which the applicable WAT fixed term licence was granted.\n\nFor the seventh instalment, the relevant anniversary is the seventh anniversary of the day on which the applicable WAT fixed term licence was granted.\n\n(4) To avoid doubt—\n\n(a) rule 16.4 of the Rules set out in Appendix 1 to the 2010 Order applies in relation to the payment of the instalment amounts set out in the Table in subsection (2); and\n\n(b) this section does not affect any right a holder of a WAT fixed term licence has to apply under section 146AAA to have that licence converted into a new taxi-cab licence.\n\nS. 246CZG inserted by No. 35/2014 s. 45.\n\n\t246CZG Set off of excess licence fee payments\n\n(1) This section applies if a holder of a WAT fixed term licence has, before the commencement of section 45 of the **Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014**, paid a third or fourth instalment amount in respect of the licence fee for the WAT fixed term licence they hold that is greater than the amount set out in the Table in section 246CZF(2) for that instalment amount (an ***excess amount***).\n\n(2) The excess amount is taken to be an amount that is to the credit of the holder of the WAT fixed term licence and must be set off against the next instalment amount that is payable by the holder in respect of the licence fee for the WAT fixed term licence.\n\nS. 246CZH inserted by No. 35/2014 s. 45.\n\n\t246CZH Revocation of 2014 amending Order\n\n(1) The 2014 amending Order is taken to have been revoked on 17 February 2014.\n\n(2) To avoid doubt, the 2010 Order is taken to have not been amended by paragraph 6 of the 2014 amending Order.\n\nDivision 2—Miscellaneous\n\nS. 246D inserted by No. 45/1999 s. 33.\n\n","sortOrder":161},{"sectionNumber":"246D","sectionType":"section","heading":"Temporary authorisations for the purposes of Division 4AA of Part VII","content":"\t246D Temporary authorisations for the purposes of Division 4AA of Part VII\n\n(1) Despite anything to the contrary in Division 4AA of Part VII, the Secretary may, in writing, temporarily authorise under a relevant provision a person employed or engaged by a passenger transport company or bus company for a period not extending beyond the first anniversary of the commencement of section 32 of the **Rail Corporations and Transport Acts (Amendment) Act 1999**.\n\n(2) Without limiting subsection (1), the Secretary may give a temporary authorisation to a person—\n\n(a) without any application having been made by the person for an authorisation; and\n\n(b) without any need to be satisfied of any matter referred to in section 221C(2); and\n\n(c) without any need to issue to the person an identity card under section 221I(1).\n\n(3) A temporary authorisation given under subsection (1) remains in force for the period for which it is given unless—\n\n(a) it is sooner revoked, in writing, by the Secretary; or\n\n(b) the person authorised under the relevant provision ceases to be an employee or engaged by a passenger transport company or bus company before the expiry of that period.\n\n(4) The Secretary may at any time, in writing, suspend an authorisation given under subsection (1).\n\n(5) In this section, ***relevant provision*** has the same meaning as in section 221A.\n\nS. 246E inserted by No. 45/1999 s. 33.\n\n","sortOrder":162},{"sectionNumber":"246E","sectionType":"section","heading":"Temporary authorisation for the purposes of sections 211 and 218B","content":"\t246E Temporary authorisation for the purposes of sections 211 and 218B\n\n(1) Despite anything to the contrary in section 211 or 218B, the Secretary may, in writing, temporarily authorise under either or both provisions a person employed or engaged by a passenger transport company or bus company for a period not extending beyond the first anniversary of the commencement of section 32 of the **Rail Corporations and Transport Acts (Amendment) Act 1999**.\n\n(2) Without limiting subsection (1), the Secretary may give a temporary authorisation to a person—\n\n(a) without any need to be satisfied of any matter referred to in section 211(3) or 218B(1B) (as the case requires); and\n\n(b) without any need to issue to the person an identity card under section 211(4) or 218B(1C) (as the case requires).\n\n(3) A temporary authorisation given under subsection (1) remains in force for the period for which it is given unless—\n\n(a) it is sooner revoked, in writing, by the Secretary; or\n\n(b) the person ceases to be an employee or engaged by a passenger transport company or bus company before the expiry of that period.\n\n(4) The Secretary may at any time, in writing, suspend an authorisation given under subsection (1).\n\nS. 247 amended by Nos 44/1989 s. 40(Sch. 1 item 14), 28/1996 s. 11, repealed by No. 79/2010 s. 33.\n\nS. 248 amended by Nos 44/1989 s. 40(Sch. 1 items 19.1, 19.2), 104/1997 s. 38, repealed by No. 79/2010 s. 33.\n\nS. 249 (Heading) inserted by No. 6/2010 s. 199(3)  \n(Sch. 3 item 12.4), amended by No. 49/2019 s. 186(Sch. 4 item 45.57).\n\nS. 249 amended by Nos 44/1989 s. 40(Sch. 1 item 24(a)(b) (i)–(iii)), 120/1993 s. 71(a).\n\n","sortOrder":163},{"sectionNumber":"249","sectionType":"section","heading":"Head, Transport for Victoria need not fence","content":"\t249 Head, Transport for Victoria need not fence\n\nS. 249(1) amended by Nos 54/2001 s. 25(Sch. item 1.65), 6/2010 s. 199(3)  \n(Sch. 3 item 12.2), 49/2019 s. 186(Sch. 4 item 45.58).\n\n(1) Notwithstanding any Act or rule of law to the contrary, the Head, Transport for Victoria 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 Head, Transport for Victoria may erect and maintain such fences in connexion therewith as it thinks proper.\n\nS. 249(2) inserted by No. 120/1993 s. 71(b), repealed by No. 79/2010 s. 33.\n\nS. 249A inserted by No. 127/1986 s. 102(Sch. 4 item 28.19), amended by No. 11/2002 s. 3(Sch. 1 item 62.2), repealed by No. 12/2004 s. 137(11).\n\nS. 249B inserted by No. 120/1993 s. 72.\n\n","sortOrder":164},{"sectionNumber":"249B","sectionType":"section","heading":"Regulations with respect to services operated by a passenger transport company etc.","content":"\t249B Regulations with respect to services operated by a passenger transport company etc.\n\nS. 249B(1) amended by Nos 30/2000 s. 30, 13/2009 s. 101 (as amended by No. 6/2010 s. 203(1)(Sch. 6 item 4.5)).\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing necessary to be prescribed for or in relation to the operation, and maintenance of safety in connection with the operation, of any railway, tramway or bus service in Victoria that is being operated by a passenger transport company, a rail freight operator or an operator of a bus service.\n\n(2) Section 56(3) applies to regulations made under this section in the same manner as it applies to regulations made under Part III.\n\nS. 249C inserted by No. 98/1998 s. 39, expired by force of s. 249C(2).\n\nS. 250 amended by Nos 9/2006 s. 128(1), 23/2013 s. 123, 41/2019 s. 115.\n\n","sortOrder":165},{"sectionNumber":"250","sectionType":"section","heading":"Service of documents on natural persons","content":"\t250 Service of documents on natural persons\n\nA document required or permitted by this Act  to be served on a person other than a corporation shall be served—\n\n(a) by delivering the document to that person personally;\n\n(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 at two or more places, at one of those places;\n\n(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\n\n(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.\n\nNote to s. 250 inserted by No. 35/2017 s. 68(1).\n\nService may also be effected electronically—see the **Electronic Transactions (Victoria) Act 2000**.\n\nS. 251 amended by Nos 9/2006 s. 128(2), 23/2013 s. 124, 41/2019 s. 116.\n\n","sortOrder":166},{"sectionNumber":"251","sectionType":"section","heading":"Service of documents on corporations","content":"\t251 Service of documents on corporations\n\nA document required by this Act to be served upon a person, being a corporation, shall be served—\n\n(a) by prepaying and posting the document as a letter addressed 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\n\n(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.\n\nNote to s. 251 inserted by No. 35/2017 s. 68(2).\n\nService may also be effected electronically—see the **Electronic Transactions (Victoria) Act 2000**.\n\nS. 251A inserted by No. 45/1999 s. 34.\n\n","sortOrder":167},{"sectionNumber":"251A","sectionType":"section","heading":"Sale of lost property found in or on public transport property","content":"\t251A Sale of lost property found in or on public transport property\n\n(1) A person who finds lost property in or on any public transport property of a passenger transport company must deliver the lost property to that passenger transport company.\n\n(2) A passenger transport company may sell or dispose of—\n\n(a) any lost property which is not claimed and removed by the owner or the person in charge of the lost property; or\n\n(b) any goods left on a passenger transport company's premises, after a reasonable attempt has been made to contact the owner or person to whom the goods were consigned.\n\n(3) A passenger transport company may sell or dispose of—\n\n(a) any goods or lost property likely to deteriorate immediately; and\n\n(b) all other goods or lost property after the expiry of 60 days from the date the lost property was found or the goods were not claimed.\n\n(4) If goods or lost property are sold by a passenger transport company under this section, the passenger transport company may deduct from the proceeds of the sale the expenses of the sale and any amounts for freight, storage and other charges.\n\nS. 251A(5) amended by No. 44/2008 s. 115.\n\n(5) The balance of the proceeds of the sale under this section of any goods or lost property, after deduction of any amounts authorised by subsection (4) to be deducted from those proceeds, must be dealt with as unclaimed money in accordance with Part 3 of the **Unclaimed Money Act 2008**.\n\n(6) A purchaser of goods or lost property sold under this section has good title in relation to those goods or lost property.\n\n(7) In this section—\n\n***goods*** means any goods delivered to a passenger transport company to be carried as freight and which are not claimed and removed by or on behalf of the owner or the person to whom the goods were consigned;\n\nS. 251A(7) def. of  \n*lost property* amended by Nos 37/2002 s. 51(2), 39/2018 s. 58(1).\n\n***lost property*** means any thing that appears to have been accidentally or deliberately abandoned by the owner or person in charge of it in or on any public transport property of a passenger transport company but does not include litter within the meaning of the **Environment Protection Act 2017**.\n\nS. 251B inserted by No. 45/1999 s. 34.\n\n","sortOrder":168},{"sectionNumber":"251B","sectionType":"section","heading":"Nuisances and noise emissions","content":"\t251B Nuisances and noise emissions\n\n(1) Any noise emanating from rolling stock—\n\n(a) whilst the rolling stock is travelling on a railway track or tramway track; or\n\n(b) whilst the rolling stock is entering or exiting a siding, yard, depot or workshop; or\n\n(c) whilst the rolling stock is in a siding, yard, depot or workshop and is—\n\n(i) powering up to commence to be used in connection with the provision of a passenger service; or\n\n(ii) shutting down after being used in connection with the provision of a passenger service—\n\ndoes not constitute a nuisance.\n\nS. 215B(2) amended by Nos 9/2020 s. 390(Sch. 1 item 104), 39/2018 s. 58(2).\n\n(2) Nothing in the **Environment Protection Act 2017** or the **Local Government Act 2020** or any subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984** made under either of those Acts applies in respect of noise emanating from rolling stock—\n\n(a) whilst the rolling stock is travelling on a railway track or tramway track; or\n\n(b) whilst the rolling stock is entering or exiting a siding, yard, depot or workshop; or\n\n(c) whilst the rolling stock is in a siding, yard, depot or workshop and is—\n\n(i) powering up to commence to be used in connection with the provision of a passenger service; or\n\n(ii) shutting down after being used in connection with the provision of a passenger service.\n\n***rolling stock*** means any vehicle, used by a passenger transport company for the provision of a passenger service, that operates on or uses a railway track or tramway track including a locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, road/rail vehicle, trolley and wagon but not including a vehicle designed to operate both on and off a railway or tramway track when the vehicle is not operating on a railway or tramway track.\n\n","sortOrder":169},{"sectionNumber":"252","sectionType":"section","heading":"Determination of differences","content":"\t252 Determination of differences\n\nS. 252(1) amended by Nos 44/1989 s. 40(Sch. 1 items 2.1, 8.1), 54/2001 s. 22, 6/2010 s. 199(3)  \n(Sch. 3 item 12.2), 49/2019 s. 186(Sch. 4 item 45.59).\n\n(1) Where any difference (whether or not arising out of the construction of this Act or any other Act) arises between the Head, Transport for Victoria 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 Head, Transport for Victoria or any of those bodies, the difference may be determined by the Governor in Council.\n\n(2) The determination of any difference by the Governor in Council under this section shall be final and conclusive upon the parties thereto.\n\nS. 252(3) inserted by No. 9984 s. 5(i), repealed by No. 100/1986 s. 3(22).\n\nS. 253 repealed by No. 120/1993 s. 70(2), new s. 253 inserted by No. 106/1997 s. 26.\n\n","sortOrder":170},{"sectionNumber":"253","sectionType":"section","heading":"Revocation of reservations for tramways purposes","content":"\t253 Revocation of reservations for tramways purposes\n\n(1) The Order in Council specified in Schedule 9 is revoked to the extent that it applies to the land shown hatched on the plan numbered LEGL./97‑215 and lodged in the Central Plan Office.\n\n(2) Crown grant Volume 600 Folio 902 is revoked to the extent that it applies to the land shown hatched on the plan referred to in subsection (1).\n\n(3) On the revocation of the Order in Council specified in Schedule 9 to the extent that it relates to the land shown hatched on the plan referred to in subsection (1)—\n\n(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) the appointment of any committee of management is revoked to the extent that it applies to the land; and\n\n(c) any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to the land.\n\nS. 253A inserted by No. 106/1997  \ns. 26.\n\n","sortOrder":171},{"sectionNumber":"253A","sectionType":"section","heading":"Revocation of part of Melbourne Park Reservation for tramways purposes","content":"\t253A Revocation of part of Melbourne Park Reservation for tramways purposes\n\n(1) The deemed temporary reservation of land under Part 5 of the **Melbourne and Olympic Parks Act 1985** is revoked to the extent that it applies to the land shown cross-hatched on the plan numbered LEGL./97-215 and lodged in the Central Plan Office.\n\n(2) Despite anything to the contrary in the **Melbourne and Olympic Parks Act 1985** and the **Crown Land (Reserves) Act 1978**, on the revocation of that part of the deemed temporary reservation shown cross-hatched on the plan referred to in subsection (1)—\n\n(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) the appointment of the Melbourne and Olympic Parks Trust to manage Melbourne Park is revoked to the extent that it applies to the land; and\n\n(c) any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to the land.\n\nS. 253B inserted by No. 99/1998  \n\n","sortOrder":172},{"sectionNumber":"253B","sectionType":"section","heading":"Further revocation of reservations for tramways purposes","content":"\t253B Further revocation of reservations for tramways purposes\n\n(1) The Order in Council specified in Schedule 10 is revoked to the extent that it applies to the land shown hatched on the plan numbered LEGL./98‑75 and lodged in the Central Plan Office.\n\n(2) Crown grant Volume 600 Folio 902 is revoked to the extent that it applies to the land shown hatched on the plan referred to in subsection (1).\n\n(3) On the revocation of the Order in Council specified in Schedule 10 to the extent that it applies to the land shown hatched on the plan referred to in subsection (1)—\n\n(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) the appointment of any committee of management is revoked to the extent that it applies to the land; and\n\n(c) any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to the land.\n\nS. 253C inserted by No. 99/1998  \n\n","sortOrder":173},{"sectionNumber":"253C","sectionType":"section","heading":"Re-reservation of certain land for Yarra Park","content":"\t253C Re-reservation of certain land for Yarra Park\n\n(1) The land shown cross-hatched on the plan numbered LEGL./98-75 and lodged in the Central Plan Office is deemed to be permanently reserved under the **Crown Land (Reserves) Act 1978** for the purposes for which the land described in Schedule 10 is reserved.\n\n(2) Crown grant Volume 600 Folio 902 is deemed to include the land shown cross-hatched on the plan referred to in subsection (1).\n\n(3) The committee of management appointed in respect of the land described in Schedule 10 is deemed to be appointed committee of management of the land shown cross-hatched on the plan referred to in subsection (1).\n\n(4) Any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** in respect of the land described in Schedule 10 extend and apply to the land shown cross-hatched on the plan referred to in subsection (1).\n\nS. 253D inserted by No. 99/1998  \n\n","sortOrder":174},{"sectionNumber":"253D","sectionType":"section","heading":"Registrar of Titles to make necessary amendments","content":"\t253D Registrar of Titles to make necessary amendments\n\nThe Registrar of Titles must make any amendments to the Register kept under the **Transfer of Land Act 1958** that are necessary because of the operation of any provision of sections 253 to 253C.\n\n","sortOrder":175},{"sectionNumber":"254","sectionType":"section","heading":"Acts etc. deemed performed by Road Traffic Authority","content":"\t254 Acts etc. deemed performed by Road Traffic Authority\n\nS. 254(1)(2) repealed by No. 10087 s. 4(1)(Sch. 2).\n\n(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.\n\n(4) Subsection (5) applies to any act matter or thing which before the appointed 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.\n\n(5) Any act matter or thing of a continuing nature to which this subsection 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.\n\nS. 254A inserted by No. 54/2002 s. 4.\n\n","sortOrder":176},{"sectionNumber":"254A","sectionType":"section","heading":"Repeal of Part IIA","content":"\t254A Repeal of Part IIA\n\nPart IIA is **repealed**.\n\nS. 254B inserted by No. 54/2002 s. 4.\n\n","sortOrder":177},{"sectionNumber":"254B","sectionType":"section","heading":"Transitional provision—Effect of repeal of Part IIA","content":"\t254B Transitional provision—Effect of repeal of Part IIA\n\nDespite the commencement of section 4 of the **Transport (Highway Rule) Act 2002** and without limiting the **Interpretation of Legislation Act 1984**, Part IIA, as in force before the commencement of that section, continues to apply to any cause of action arising before that commencement.\n\nS. 255 repealed by No. 10087 s. 4(1)(Sch. 2), new s. 255 inserted by No. 120/1993 s. 73, repealed by No. 79/2010 s. 33.\n\nS. 255A inserted by No. 60/1994 s. 28.\n\n","sortOrder":178},{"sectionNumber":"255A","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t255A Supreme Court—limitation of jurisdiction\n\nIt is the intention of this section to alter or vary section 85 of the **Constitution Act 1975** to the extent necessary to prevent the bringing before the Supreme Court of an action of a kind referred to in section 96(12), 97(7) or 98(10).\n\nS. 255B inserted by No. 106/1997  \ns. 36.\n\n","sortOrder":179},{"sectionNumber":"255B","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t255B Supreme Court—limitation of jurisdiction\n\nIt is the intention of clause 26A(3) of Schedule 5 to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 255C inserted by No. 14/2000 s. 34.\n\n","sortOrder":180},{"sectionNumber":"255C","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t255C Supreme Court—limitation of jurisdiction\n\nIt is the intention of sections 96(12) and 98(10), as amended by section 31 of the **Road Safety (Amendment) Act 2000**, to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 255D inserted by No. 94/2001 s. 21.\n\n","sortOrder":181},{"sectionNumber":"255D","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t255D Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 96B(5) to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 255E inserted by No. 32/2002 s. 22.\n\n","sortOrder":182},{"sectionNumber":"255E","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t255E Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 189(7) to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 255F inserted by No. 54/2002 s. 5.\n\n","sortOrder":183},{"sectionNumber":"255F","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t255F Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 37A to alter or vary section 85 of the **Constitution Act 1975**.\n\n","sortOrder":184},{"sectionNumber":"256","sectionType":"section","heading":"Regulations","content":"\t256 Regulations\n\n(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—\n\nS. 256(1)(a) amended by Nos 44/1989 s. 40(Sch. 1 item 2.1), 54/2001 s. 23, 6/2010 s. 199(3)  \n(Sch. 3 item 12.2), 49/2019 s. 186(Sch. 4 item 45.60).\n\n(a) fees to be charged for the supply of any equipment, goods or materials by the Head, Transport for Victoria or for the supply of any service by the Head, Transport for Victoria;\n\nS. 256(1)  \n(b)–(d) amended by No. 44/1989 s. 40(Sch. 1 items 7.1, 25), repealed by No. 85/1992 s. 9(1)(g).\n\n(e) forms to be used for the purposes of this Act;\n\nS. 256(1)(f)(g) repealed by No. 85/1992 s. 9(1)(g).\n\nS. 256(1)(h) amended by No. 44/1989 s. 40(Sch. 1 item 2.1), repealed by No. 85/1992 s. 9(1)(g).\n\nS. 256(1)(i) repealed by No. 85/1992 s. 9(1)(g).\n\n(2) Where any form is prescribed by regulations made under this Act, any form in or to the like effect of the prescribed form shall be sufficient in law.\n\nS. 256(3) inserted by No. 9984 s. 5(j), repealed by No. 100/1986 s. 3(22), new s. 256(3) inserted by No. 44/1989 s. 43, repealed by No. 16/1998 s. 10(6).\n\nS. 256(4) inserted by No. 44/1989 s. 43, repealed by No. 16/1998 s. 10(6).\n\nPt 8 Div. 3 (Heading and ss 257–263) inserted by No. 54/2001 s. 26.\n\nDivision 3—Transitional and savings provisions—Transport (Further Amendment) Act 2001\n\nS. 257 inserted by No. 54/2001 s. 26.\n\n","sortOrder":185},{"sectionNumber":"257","sectionType":"section","heading":"Definitions","content":"\t257 Definitions\n\nIn this Division, ***appointed day*** means the day on which section 9 of the **Transport (Further Amendment) Act 2001** comes into operation.\n\nS. 258 inserted by No. 54/2001 s. 26.\n\n","sortOrder":186},{"sectionNumber":"258","sectionType":"section","heading":"Transfer of rights and liabilities etc. of PTC to the Secretary on behalf of the Crown","content":"\t258 Transfer of rights and liabilities etc. of PTC to the Secretary on behalf of the Crown\n\n(1) On the appointed day—\n\n(a) the offices of the Administrator of the Public Transport Corporation and the Deputy Administrator of the Public Transport Corporation are abolished and the person holding each office goes out of office; and\n\n(b) all rights, property and assets that, immediately before the appointed day were vested in the Public Transport Corporation, vest in the Secretary, on behalf of the Crown; and\n\n(c) all debts, liabilities and obligations of the Public Transport Corporation existing immediately before the appointed day, become debts, liabilities and obligations of the Secretary, on behalf of the Crown; and\n\n(d) the Secretary, on behalf of the Crown, is substituted as a party to any proceedings pending in any court or tribunal to which the Public Transport Corporation was a party immediately before the appointed day; and\n\n(e) the Secretary, on behalf of the Crown, is substituted as a party to any arrangement or contract entered into by or on behalf of the Public Transport Corporation and in force immediately before the appointed day; and\n\n(f) any reference to the Public Transport Corporation in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the appointed day, and if not inconsistent with the context or subject-matter, must be construed as a reference to the Secretary, on behalf of the Crown.\n\n(2) Nothing effected under subsection (1) or done or suffered under subsection (1)—\n\n(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong;\n\n(b) is to be regarded as placing any person in breach of, or as constituting a default under any Act or other law or obligation or any provision in any agreement or understanding, including, but not limited to, any provision or obligation prohibiting or restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information;\n\n(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or\n\n(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or\n\nS. 259 inserted by No. 54/2001 s. 26.\n\n","sortOrder":187},{"sectionNumber":"259","sectionType":"section","heading":"List of staff to be transferred","content":"\t259 List of staff to be transferred\n\nThe Secretary must list in writing the officers and employees of the Public Transport Corporation employed by the Public Transport Corporation immediately before the appointed day who are to be employed under Part 3 of the **Public Sector Management and Employment Act 1998**.\n\nS. 260 inserted by No. 54/2001 s. 26.\n\n","sortOrder":188},{"sectionNumber":"260","sectionType":"section","heading":"Transfer of staff of PTC","content":"\t260 Transfer of staff of PTC\n\n(1) A person listed under section 259 (***transferred employee***) is to be regarded as—\n\n(a) having been employed under Part 3 of the **Public Sector Management and Employment Act 1998**, with effect from the appointed day; and\n\n(b) having been so employed on the same terms and conditions as those that applied to the person immediately before the appointed day as an officer or employee of the Public Transport Corporation; and\n\n(c) having accrued an entitlement to benefits in connection with that employment under Part 3 of the **Public Sector Management and Employment Act 1998** that is equivalent to the entitlement that the person had accrued, as an officer or employee of the Public Transport Corporation, immediately before the appointed day.\n\n(2) The service of a transferred employee as an employee under Part 3 of the **Public Sector Management and Employment Act 1998** is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the appointed day, as an officer or employee of the Public Transport Corporation.\n\n(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of the Public Transport Corporation because of the operation of this Division.\n\n(4) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the appointed day, employed, by virtue of this section, under Part 3 of the **Public Sector Management and Employment Act 1998**, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.\n\n(5) The superannuation entitlements of any person who is a transferred employee are to be taken not to be affected by that person becoming a transferred employee.\n\n(6) Nothing in this section prevents—\n\n(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the appointed day; or\n\n(b) a transferred employee from resigning or being dismissed at any time after that commencement in accordance with the then existing terms and conditions of his or her employment under Part 3 of the **Public Sector Management and Employment Act 1998**.\n\nS. 261 inserted by No. 54/2001 s. 26.\n\n","sortOrder":189},{"sectionNumber":"261","sectionType":"section","heading":"Savings provision—assignments","content":"\t261 Savings provision—assignments\n\n(1) The commencement of section 12 of the **Transport (Further Amendment) Act 2001** does not affect any assignment made under the former section before that commencement.\n\n(2) In this section, ***the former section*** means section 40 as in force before its repeal.\n\nS. 262 inserted by No. 54/2001 s. 26.\n\n","sortOrder":190},{"sectionNumber":"262","sectionType":"section","heading":"Savings provision—guarantees","content":"\t262 Savings provision—guarantees\n\n(1) The commencement of section 16 of the **Transport (Further Amendment) Act 2001** does not affect the execution, validity, amendment or assignment of any guarantee effected under the former section 77 before that commencement.\n\n(2) In this section, ***the former section 77*** means section 77 as in force before the commencement of section 16 of the **Transport (Further Amendment) Act 2001**.\n\nS. 263 inserted by No. 54/2001 s. 26(as amended by No. 32/2002 s. 24(a)).\n\n","sortOrder":191},{"sectionNumber":"263","sectionType":"section","heading":"Transitional provision—Power to amend or grant further guarantee on assignment of contract","content":"\t263 Transitional provision—Power to amend or grant further guarantee on assignment of contract\n\n(1) Where—\n\n(a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person or transferred to another person (whether by way of allocation or by any other operation of law); and\n\n(b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under section 77 (as in force before the commencement of section 16 of the **Transport (Further Amendment) Act 2001**)—\n\nthe Treasurer may give a guarantee, in favour of any person, guaranteeing the due performance of any obligations of the second-mentioned person arising under the contract (whether or not the second-mentioned person is the Secretary).\n\n(2) Where—\n\n(a) the rights and liabilities of a person under the relevant contract are assigned with the approval of the Treasurer to another person or transferred to another person (whether by way of allocation or by any other operation of law); and\n\n(b) the obligations of the first-mentioned person under the relevant contract have been guaranteed under section 77 (as in force before the commencement of section 16 of the **Transport (Further Amendment) Act 2001**)—\n\nthe Treasurer may amend any guarantee under section 77 (as so in force) so that it extends to guaranteeing the due performance of any obligations of the second-mentioned person under the relevant contract (whether or not the second-mentioned person is the Secretary).\n\n(3) In this section ***relevant contract*** means the service contract entered into between the former Corporation and OneLink Transit Systems Pty Ltd ACN 059 733 443 with effect from 24 May 1994 as amended, varied and restated from time to time.\n\nPt 8 Div. 4 (Heading and ss 264–267) inserted by No. 101/2003 s. 23.\n\nDivision 4—Savings and transitional provisions—Transport (Rights and Responsibilities) Act 2003\n\nS. 264 inserted by No. 101/2003 s. 23.\n\n","sortOrder":192},{"sectionNumber":"264","sectionType":"section","heading":"Commencement date","content":"\t264 Commencement date\n\nIn this Division, ***commencement date*** means the date of commencement of Division 3 of Part 3 of the **Transport (Rights and Responsibilities) Act 2003**.\n\nS. 265 inserted by No. 101/2003 s. 23.\n\n","sortOrder":193},{"sectionNumber":"265","sectionType":"section","heading":"Continuation of Departmental authorisations","content":"\t265 Continuation of Departmental authorisations\n\nA person who, immediately before the commencement date, held an appointment by the Secretary as an authorised officer under—\n\n(a) paragraph (a) of the definition of ***authorised officer*** in section 211; or\n\n(b) paragraph (b) of that definition by virtue of being a person described in paragraph (b)(ii) of that definition—\n\nis deemed to have been appointed as an authorised officer by the Secretary under section 221A.\n\nS. 266 inserted by No. 101/2003 s. 23.\n\n","sortOrder":194},{"sectionNumber":"266","sectionType":"section","heading":"Continuation of Roads Corporation authorisations","content":"\t266 Continuation of Roads Corporation authorisations\n\nA person who, immediately before the commencement date, held an appointment by the Roads Corporation under section 211 as an authorised officer is deemed to be an officer of the Roads Corporation appointed in writing by that Corporation under section 212(1A) to issue transport infringement notices.\n\nS. 267 inserted by No. 101/2003 s. 23.\n\n","sortOrder":195},{"sectionNumber":"267","sectionType":"section","heading":"Continuation of passenger transport and bus company employee authorisations","content":"\t267 Continuation of passenger transport and bus company employee authorisations\n\n(1) This section applies to a person who, immediately before the commencement date—\n\n(a) was employed or engaged by a passenger transport or bus company; and\n\n(b) was—\n\n(i) an authorised officer under section 211 or 218B appointed by the Secretary; or\n\n(ii) an authorised person under section 219AA or 220; or\n\n(iii) an authorized person under section 221.\n\n(2) The person is deemed to have been authorised by the Secretary under section 221AB to act as an authorised officer.\n\n(3) The expiry date and any conditions applying to the person's authorisation immediately before the commencement date continue to apply to the authorisation.\n\nPt 8 Div. 5 (Heading and ss 268–271) inserted by No. 47/2006 s. 30.\n\nDivision 5—Transitional provisions—Transport Legislation (Further Amendment) Act 2006\n\nS. 268 inserted by No. 47/2006 s. 30.\n\n","sortOrder":196},{"sectionNumber":"268","sectionType":"section","heading":"Definitions","content":"\t268 Definitions\n\n***appointed day*** means the day on which section 10 of the **Transport Legislation (Further Amendment) Act 2006** comes into operation;\n\n***driver accreditation*** has the same meaning as in Part VI;\n\n***old driver's certificate*** means a certificate, in force immediately before the appointed day, under section 156, as in force immediately before the appointed day.\n\nS. 269 inserted by No. 47/2006 s. 30.\n\n","sortOrder":197},{"sectionNumber":"269","sectionType":"section","heading":"Old certificates deemed to be accreditations","content":"\t269 Old certificates deemed to be accreditations\n\n(1) An old driver's certificate is deemed to be, on and from the appointed day, a driver accreditation.\n\n(2) An old driver's certificate that is deemed to be a driver accreditation under subsection (1)—\n\n(a) is subject to any conditions to which the certificate was subject immediately before the appointed day, and any such conditions may be dealt with as if they were imposed under Division 6 of Part VI; and\n\n(b) remains in force for the remainder of the term that applied to the certificate immediately before the appointed day, unless, before the end of that term, the accreditation is suspended or cancelled under Division 6 of Part VI; and\n\n(c) except where this section indicates a contrary intention, the provisions of Division 6 of Part VI apply accordingly.\n\n(3) Despite subsection (1), if a person who is the holder of an old driver's certificate is a person who has been found guilty of a category 1 offence, or is subject to the reporting obligations, or an order referred to in section 169(2)(c), the person is not deemed to be the holder of a driver accreditation.\n\n(4) Subsection (3) does not apply if the holder of the certificate can demonstrate to the satisfaction of the Director, having regard to the public care objective under Division 6 of Part VI, that it is appropriate for that person to be deemed to be the holder of such an accreditation.\n\n(5) A person referred to in subsection (3) may apply to VCAT for an order that his or her old driver's certificate be deemed to be a driver accreditation under this section.\n\n(6) If VCAT makes an order under subsection (5), subsection (2) applies to the deemed driver accreditation.\n\n(7) At least 28 days before the appointed day the Director must give each holder of an old driver's certificate to whom subsection (3) applies written notice of the effect of subsections (3), (4), (5) and (6) and allow the person 28 days in which to provide the Director with information for the purposes of subsection (4).\n\nS. 270 inserted by No. 47/2006 s. 30.\n\n","sortOrder":198},{"sectionNumber":"270","sectionType":"section","heading":"Saving of accreditations granted by Secretary","content":"\t270 Saving of accreditations granted by Secretary\n\nDespite the commencement of section 21 of the **Transport Legislation (Further Amendment) Act 2006**, an accreditation under Division 4A of Part VII (and any condition to which the accreditation is subject) granted by the Secretary and in force immediately before that commencement is deemed to continue in force as if the accreditation were granted by the Director.\n\nS. 271 inserted by No. 47/2006 s. 30.\n\n","sortOrder":199},{"sectionNumber":"271","sectionType":"section","heading":"Saving of agreements etc.","content":"\t271 Saving of agreements etc.\n\n(1) Any reference to the Secretary in any relevant agreement, instrument, deed or other document, so far as it relates to any period after the commencement of section 31(1) of the **Transport Legislation (Further Amendment) Act 2006** and if not inconsistent with the context or subject-matter, must be construed as a reference to the Director.\n\nS. 271(1A) inserted by No. 69/2007 s. 38.\n\n(1A) An instrument of delegation made by the Secretary under section 32(1A) and in force immediately before the commencement of section 31(1) of the **Transport Legislation (Further Amendment) Act 2006** is on that commencement deemed to be an instrument of delegation made by the Director under section 9(7) to the extent that a power delegated under that instrument is a power under a relevant section or a power conferred on a licensing authority by or under this Act.\n\n***relevant agreement, instrument, deed or other document*** means any agreement, instrument, deed or other document—\n\n(a) entered into under a relevant section of this Act or the **Public Transport Competition Act 1995**; and\n\n(b) in force immediately before the commencement of section 31(1) of the **Transport Legislation (Further Amendment) Act 2006**;\n\n***relevant section*** means a section of this Act or the **Public Transport Competition Act 1995** in which a reference to \"Secretary\" was amended by the **Transport Legislation (Further Amendment) Act 2006** to be a reference to \"Director\".\n\nPt 8 Div. 6 (Heading and ss 272, 273) inserted by No. 71/2006 s. 18.\n\nDivision 6—Transitional provisions—Transport (Taxi-cab Accreditation and Other Amendments) Act 2006\n\nS. 272 inserted by No. 71/2006 s. 18.\n\n","sortOrder":200},{"sectionNumber":"272","sectionType":"section","heading":"Taxi-cab accreditation","content":"\t272 Taxi-cab accreditation\n\nS. 272(1) amended by No. 69/2007 s. 39(1).\n\n(1) Subject to this section, a person who holds a taxi-cab licence immediately before the commencement of Part 2 of the **Transport(Taxi-cab Accreditation and Other Amendments) Act 2006** is deemed, for the period of 2 years after that commencement, to be accredited under Division 4 of Part VI as a taxi-cab licence holder.\n\n(2) Subject to this section, a person who immediately before the commencement of Part 2 of the **Transport (Taxi-cab Accreditation and Other Amendments) Act 2006**—\n\n(a) holds a licence to operate a taxi-cab the right to operate a vehicle under which has not been assigned to another person under section 150; or\n\n(b) is a person to whom the right to operate a vehicle under a taxi-cab licence is assigned under section 150—\n\nis deemed, for the period of 2 years after that commencement, to be accredited under Division 4 of Part VI as a taxi-cab operator.\n\nS. 272(2A) inserted by No. 69/2007 s. 39(2).\n\n(2A) If—\n\n(a) an application for the grant of a taxi-cab licence under section 143 or 143A; or\n\n(b) an application under section 149 for authority to transfer a taxi-cab licence; or\n\n(c) an application under section 150 for authority to assign the right to operate a vehicle under a taxi-cab licence—\n\nis made but not determined before the commencement of Part 2 of the **Transport (Taxi-cab Accreditation and Other Amendments) Act 2006**, the application must be considered and determined in accordance with this Act as in force immediately before that commencement.\n\nS. 272(2B) inserted by No. 69/2007 s. 39(2).\n\n(2B) Subject to this section, a person who holds a taxi-cab licence—\n\n(a) that was granted to the person in response to an application to which subsection (2A)(a) applies; or\n\n(b) that was transferred to the person in response to an application to which subsection (2A)(b) applies—\n\nis deemed for the period commencing on the date of the grant or transfer of the taxi-cab licence (as the case requires) and ending 2 years after the commencement of Part 2 of the **Transport (Taxi-cab Accreditation and Other Amendments) Act 2006** to be accredited under Division 4 of Part VI as a taxi-cab licence holder.\n\nS. 272(2C) inserted by No. 69/2007 s. 39(2).\n\n(2C) Subject to this section, a person to whom the right to operate a vehicle under a taxi-cab licence is assigned under an assignment for which an authority was given in response to an application to which subsection (2A)(c) applies is deemed for the period commencing on the date that the authority was given and ending 2 years after the commencement of Part 2 of the **Transport (Taxi-cab Accreditation and Other Amendments) Act 2006** to be accredited under Division 4 of Part VI as a taxi-cab operator.\n\nS. 272(2D) inserted by No. 69/2007 s. 39(2).\n\n(2D) Subject to this section, if, before a taxi-cab licence is granted or transferred to a person in response to an application to which subsection (2A)(a) or (2A)(b) applies, the licensing authority determines on reasonable grounds that the person does not intend to assign the right to operate a vehicle under the licence to another person—\n\n(a) the licensing authority may determine that the person is to be accredited as a taxi-cab operator; and\n\n(b) if a determination under paragraph (a) is made and notified in writing to the person, the person is deemed for the period commencing on the date that the licence was granted or transferred and ending 2 years after the commencement of Part 2 of the **Transport (Taxi-cab Accreditation and Other Amendments) Act 2006** to be accredited under Division 4 of Part VI as a taxi-cab operator.\n\nS. 272(3) amended by No. 69/2007 s. 39(3).\n\n(3) To avoid doubt, Division 4 of Part VI applies to a deemed accreditation under subsection (1), (2), (2B), (2C) or (2D) and that accreditation may be cancelled, suspended, surrendered or otherwise dealt with (including by the variation, revocation or imposition of a condition, restriction or other limitation) in accordance with that Division.\n\nS. 272(4) amended by No. 69/2007 s. 39(3).\n\n(4) The licensing authority may at any time during the period of a deemed accreditation of a person under subsection (1), (2), (2B), (2C) or (2D), by written notice served on that person, require that person to apply for accreditation under Division 4 of Part VI as a taxi-cab licence holder or taxi-cab operator (as the case requires) on or before the date specified in the notice, which must not be earlier than 28 days after the day on which the notice is served.\n\n(5) If a person on whom a notice is served under subsection (4) does not apply for accreditation under Division 4 of Part VI as a taxi-cab licence holder or taxi-cab operator (as the case requires) on or before the date specified in the notice, the licensing authority may serve on that person a notice cancelling the deemed accreditation with effect from the date specified in the notice, which must not be earlier than 7 days after the day on which the notice is served.\n\nS. 273 inserted by No. 71/2006 s. 18.\n\n","sortOrder":201},{"sectionNumber":"273","sectionType":"section","heading":"Assignments","content":"\t273 Assignments\n\nThe amendments of section 150 of this Act made by Division 2 of Part 3 of the **Transport (Taxi-cab Accreditation and Other Amendments) Act 2006** only apply to—\n\n(a) applications made under subsection (1) of that section on or after the commencement of that Division; and\n\n(b) assignments made under that section on or after that commencement in reliance on an authority granted on an application referred to in paragraph (a).\n\nPt 8 Div. 7 (Heading and s. 274) inserted by No. 85/2008 s. 16.\n\nDivision 7—Transitional provisions—Transport Legislation Amendment (Driver and Industry Standards) Act 2008\n\nS. 274 inserted by No. 85/2008 s. 16.\n\n","sortOrder":202},{"sectionNumber":"274","sectionType":"section","heading":"Accreditations","content":"\t274 Accreditations\n\n(1) The amendments made to this Act by sections 4, 5, 6, 7, 8, 9, 11 and 15 of the **Transport Legislation Amendment (Driver and Industry Standards) Act 2008** apply to any application for accreditation or renewal of accreditation under Division 4 of Part VI that was made but not finally decided or withdrawn immediately before the commencement of section 16 of that Act.\n\n(2) The Director must—\n\n(a) immediately after the commencement of section 16 of the **Transport Legislation Amendment (Driver and Industry Standards) Act 2008**, notify each person who has made an application for accreditation that was not finally decided or withdrawn immediately before that commencement that his or her application will be assessed in accordance with this Act as amended by that 2008 Act; and\n\n(b) give each person so notified 28 days to—\n\n(i) withdraw his or her application if the person wishes to do so; or\n\n(ii) provide the Director with relevant information.\n\n(3) The amendments made to this Act by sections 4, 5, 6, 7, 8, 9, 11 and 15 of the **Transport Legislation Amendment (Driver and Industry Standards) Act 2008** apply to any accreditation that was held or deemed to be held by a person immediately before the commencement of section 16 of that Act.\n\nPt 8 Div. 8 (Heading and ss 275, 276) inserted by No. 45/2009 s. 16.\n\n","sortOrder":203},{"sectionNumber":"Div 8","sectionType":"division","heading":"Transitional provisions—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009","content":"Division 8—Transitional provisions—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009\n\nS. 275 inserted by No. 45/2009 s. 16.\n\n","sortOrder":204},{"sectionNumber":"275","sectionType":"section","heading":"Transitional provision—direction to provide reasonable assistance","content":"\t275 Transitional provision—direction to provide reasonable assistance\n\nDespite the commencement of section 14 of the **Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009**, section 228ZL(4) as in force immediately before that commencement continues to apply to proceedings for an offence against section 228ZL commenced but not completed before that commencement.\n\nS. 276 inserted by No. 45/2009 s. 16.\n\n","sortOrder":205},{"sectionNumber":"276","sectionType":"section","heading":"Transitional provision—direction to state name and address","content":"\t276 Transitional provision—direction to state name and address\n\nDespite the commencement of section 15 of the **Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009**, section 228ZN(4) as in force immediately before that commencement continues to apply to proceedings for an offence against section 228ZN commenced but not completed before that commencement.\n\nPt 8 Div. 9 (Headings and ss 277–318) inserted by No. 34/2011 s. 101.\n\n","sortOrder":206},{"sectionNumber":"Div 9","sectionType":"division","heading":"Transitional provisions—Part 2 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011","content":"Division 9—Transitional provisions—Part 2 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011\n\nSubdivision 1—Preliminary\n\nS. 277 inserted by No. 34/2011 s. 101.\n\n","sortOrder":207},{"sectionNumber":"277","sectionType":"section","heading":"Definitions","content":"\t277 Definitions\n\n***commencement day*** means the day on which section 101 of the **Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011** comes into operation;\n\n***former DPT property*** means property, and related rights or related liabilities, of the Director that, under Subdivision 2, have vested in, or become liabilities of, the Secretary;\n\n***former DPT property instrument*** means an instrument relating to former DPT property subsisting immediately before the relevant date—\n\n(a) to which the Director was a party; or\n\n(b) that was given to, or in favour of, the Director; or\n\n(c) that refers to the Director; or\n\n(d) under which—\n\n(i) money is, or may become, payable to the Director; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by the Director;\n\n***former relevant DPT agreement*** means an agreement subsisting immediately before the relevant date—\n\n(b) that was entered into by the Director for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision of commercial passenger vehicle services by the Director or another person;\n\n***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective;\n\n***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;\n\n***relevant agreement liabilities*** means liabilities of the Director under an agreement subsisting immediately before the relevant date—\n\n(b) that was entered into by the Director for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision of commercial passenger vehicle services by the Director or another person;\n\n***relevant agreement rights*** means rights of the Director under an agreement subsisting immediately before the relevant date—\n\n(b) that was entered into by the Director for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision commercial passenger vehicle services by the Director or another person;\n\n***relevant date***, in relation to an allocation statement under section 278 or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under section 278(7) for the purposes of that statement;\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective.\n\nSubdivision 2—Property transfers\n\nS. 278 inserted by No. 34/2011 s. 101.\n\n","sortOrder":208},{"sectionNumber":"278","sectionType":"section","heading":"Minister may direct transfer of DPT property etc. to Secretary","content":"\t278 Minister may direct transfer of DPT property etc. to Secretary\n\n(1) The Minister may give a direction in writing to the Director directing the Director to transfer to the Secretary, in accordance with the direction—\n\n(a) property and related rights and related liabilities of the Director of a specified kind;\n\n(b) relevant agreement rights and relevant agreement liabilities of a specified kind.\n\n(2) The Director must give to the Minister a statement containing the information required by the Minister relating to the property and related rights and related liabilities of the Director, and relevant agreement rights and relevant agreement liabilities to which the direction relates, as at the date specified by the Minister for the purposes of this section.\n\n(3) A statement under this section—\n\n(a) must allocate the property and related rights and related liabilities of the Director, relevant agreement rights and relevant agreement liabilities shown in the statement in accordance with the directions of the Minister; and\n\n(b) must be signed by the Director.\n\n(4) If a statement under this section is approved by the Minister—\n\n(a) the Minister must sign the statement; and\n\n(b) the statement is an allocation statement for the purposes of this Division.\n\n(5) The Minister may at any time direct the Director to amend a statement given to him or her under this section as specified in the direction.\n\n(6) An allocation statement under this section may be amended by writing signed by the Minister.\n\n(7) The Minister, by notice published in the Government Gazette, may fix a relevant date for the purposes of an allocation statement under this section.\n\n(8) In this section, ***statement*** and ***allocation statement*** include a statement or allocation statement amended in accordance with this section.\n\nS. 279 inserted by No. 34/2011 s. 101.\n\n","sortOrder":209},{"sectionNumber":"279","sectionType":"section","heading":"Property etc. transferred in accordance with direction","content":"\t279 Property etc. transferred in accordance with direction\n\nOn the relevant date—\n\n(a) all property and related rights of the Director wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 278, vest in the Secretary in accordance with the statement;\n\n(b) all liabilities of the Director related to property, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 278, become liabilities of the Secretary in accordance with the statement;\n\n(c) all relevant agreement rights, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 278, vest in the Secretary in accordance with the statement;\n\n(d) all relevant agreement liabilities, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 278, become liabilities of the Secretary in accordance with the statement.\n\nS. 280 inserted by No. 34/2011 s. 101.\n\n","sortOrder":210},{"sectionNumber":"280","sectionType":"section","heading":"Allocation of property etc. subject to encumbrances","content":"\t280 Allocation of property etc. subject to encumbrances\n\nUnless an allocation statement under this Subdivision otherwise provides, if, under this Subdivision—\n\n(a) property and related rights and relevant agreement rights vest in; or\n\n(b) liabilities related to property and relevant agreement liabilities become liabilities of—\n\nthe Secretary in accordance with a direction under section 278—\n\n(c) the property and related rights and relevant agreement rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(d) the rights to which the Director was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Director vest in the Secretary.\n\nS. 281 inserted by No. 34/2011 s. 101.\n\n","sortOrder":211},{"sectionNumber":"281","sectionType":"section","heading":"Substitution of party to agreement","content":"\t281 Substitution of party to agreement\n\nIf, under an allocation statement, rights and liabilities related to property of the Director under an agreement and relevant agreement rights and relevant agreement liabilities are allocated to the Secretary in accordance with a direction under section 278—\n\n(a) the Secretary becomes, on the relevant date, a party to the agreement in place of the Director; and\n\n(b) on and after the relevant date, the agreement has effect as if the Secretary had always been a party to the agreement.\n\nS. 282 inserted by No. 34/2011 s. 101.\n\n","sortOrder":212},{"sectionNumber":"282","sectionType":"section","heading":"Former DPT instruments and agreements","content":"\t282 Former DPT instruments and agreements\n\n(1) Each former DPT instrument relating to former DPT property continues to have effect according to its tenor on and after the relevant date in relation to that property as if a reference in the instrument to the Director were a reference to the Secretary.\n\n(2) Each former relevant DPT agreement continues to have effect according to its tenor on and after the relevant date as if a reference in the agreement to the Director were a reference to the Secretary.\n\nS. 283 inserted by No. 34/2011 s. 101.\n\n","sortOrder":213},{"sectionNumber":"283","sectionType":"section","heading":"Proceedings","content":"\t283 Proceedings\n\nUnless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former DPT property or a former relevant DPT agreement (including arbitration proceedings) to which the Director was a party were pending or existing in any court or tribunal, then, on and after that date, the Secretary is substituted for the Director as a party to the proceedings and has the same rights in the proceedings as the Director had.\n\nS. 284 inserted by No. 34/2011 s. 101.\n\n","sortOrder":214},{"sectionNumber":"284","sectionType":"section","heading":"Interests in land","content":"\t284 Interests in land\n\nWithout prejudice to the generality of this Subdivision and despite anything to the contrary in any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or law if, immediately before the relevant date, the Director is, in relation to former DPT property, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after that date—\n\n(a) the Secretary, on behalf of the Crown, is to be taken to be the registered proprietor of that interest in land; and\n\n(b) the Secretary, on behalf of the Crown, has the same rights and remedies in respect of that interest as the Director had.\n\nS. 285 inserted by No. 34/2011 s. 101.\n\n","sortOrder":215},{"sectionNumber":"285","sectionType":"section","heading":"Action by Registrar of Titles","content":"\t285 Action by Registrar of Titles\n\nThe Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or other instrument, must make any amendments in the Register that are necessary because of the operation of this Subdivision.\n\nS. 286 inserted by No. 34/2011 s. 101.\n\n","sortOrder":216},{"sectionNumber":"286","sectionType":"section","heading":"Taxes","content":"\t286 Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Subdivision or in respect of any act or transaction connected with or necessary to be done by reason of this Subdivision, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Director.\n\nS. 287 inserted by No. 34/2011 s. 101.\n\n","sortOrder":217},{"sectionNumber":"287","sectionType":"section","heading":"Evidence","content":"\t287 Evidence\n\nDocumentary or other evidence that would have been admissible for or against the interests of the Director in relation to former DPT property or a former relevant DPT agreement if this Subdivision had not been enacted is admissible for or against the interests of the Secretary.\n\nS. 288 inserted by No. 34/2011 s. 101.\n\n","sortOrder":218},{"sectionNumber":"288","sectionType":"section","heading":"Validity of things done under this Subdivision","content":"\t288 Validity of things done under this Subdivision\n\nNothing effected or to be effected by this Subdivision or done or suffered under this Subdivision—\n\n(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or\n\n(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or\n\n(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or\n\n","sortOrder":219},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Administrative and regulatory function transfers","content":"Subdivision 3—Administrative and regulatory function transfers\n\nS. 289 inserted by No. 34/2011 s. 101.\n\n","sortOrder":220},{"sectionNumber":"289","sectionType":"section","heading":"General transitional provisions","content":"\t289 General transitional provisions\n\n(1) This Subdivision does not affect or take away from the **Interpretation of Legislation Act 1984**.\n\n(2) This Subdivision applies despite anything to the contrary in any other provision of this Act.\n\nS. 290 inserted by No. 34/2011 s. 101.\n\n","sortOrder":221},{"sectionNumber":"290","sectionType":"section","heading":"Regulatory instruments","content":"\t290 Regulatory instruments\n\n(1) On the commencement day, every regulatory instrument in force immediately before that day is taken to be a regulatory instrument made, given, granted or issued (as the case may be) by the Secretary.\n\n***regulatory instrument*** means—\n\n(a) a certificate of accreditation under Division 4 of Part VI;\n\n(b) a licence in respect of a public commercial passenger vehicle (within the meaning of section 86(1));\n\n(c) a hire car licence (within the meaning of section 86(1));\n\n(d) a restricted hire vehicle licence (within the meaning of section 86(1));\n\n(e) a special purpose vehicle licence (within the meaning of section 86(1));\n\n(f) a taxi-cab licence (within the meaning of section 86(1));\n\n(g) a notice published in the Government Gazette under section 142(1A) specifying an area for the purposes of section 142(1)(b);\n\n(h) a temporary permit under section 154;\n\n(i) a notice published in the Government Gazette under section 158A(5) specifying a place for the purposes of section 158A;\n\n(j) a specification under section 167(1A);\n\n(k) a driver accreditation issued under section 169D;\n\n(l) an accreditation under Division 4A of Part VII;\n\n(m) a temporary accreditation under section 228F;\n\n(n) a request under section 228H(2) or (5);\n\n(o) an authorisation under section 134A, 149, 150, 151, 152, 154, 158B, 216, 217, 221A, 221AB or 228HA;\n\n(p) a notice published in the Government Gazette under regulation 5 or 7 of the Transport (Taxi-Cab Licences—Market and Trading) Regulations 2005.\n\nS. 291 inserted by No. 34/2011 s. 101.\n\n","sortOrder":222},{"sectionNumber":"291","sectionType":"section","heading":"Pending applications for accreditation","content":"\t291 Pending applications for accreditation\n\n(1) This section applies to an application for accreditation made under section 132 before the commencement day in respect of which the Director has not made a decision whether to approve or refuse to approve the application before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 292 inserted by No. 34/2011 s. 101.\n\n","sortOrder":223},{"sectionNumber":"292","sectionType":"section","heading":"Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations","content":"\t292 Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations\n\n(1) This section applies if the Director has—\n\n(a) before the commencement day begun the process under section 133A to—\n\n(i) vary or revoke a condition, restriction or other limitation imposed by the Director on an accreditation; or\n\n(ii) impose a new condition, restriction or other limitation on an accreditation; and\n\n(b) not completed that process before that day.\n\n(2) On and after the commencement day, the Secretary may complete that process and for that purpose, anything done before that day by the Director for the purpose of making a decision to—\n\n(a) vary or revoke a condition, restriction or other limitation imposed by the Director on an accreditation; or\n\n(b) impose a new condition, restriction or other limitation on an accreditation—\n\nis taken to have been done by the Secretary.\n\nS. 293 inserted by No. 34/2011 s. 101.\n\n","sortOrder":224},{"sectionNumber":"293","sectionType":"section","heading":"Disciplinary action taken against accredited persons","content":"\t293 Disciplinary action taken against accredited persons\n\n(1) This section applies if the Director—\n\n(a) has, before the commencement day, served a notice on an accredited person under section 135B; and\n\n(b) has not decided whether to exercise a power under Subdivision 6 of Division 4 of Part VI in respect of that person before that day.\n\n(2) On and after the commencement day, the Secretary may make that decision and for that purpose, anything done under Subdivision 6 of Division 4 of Part VI before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 294 inserted by No. 34/2011 s. 101.\n\n","sortOrder":225},{"sectionNumber":"294","sectionType":"section","heading":"Surrender of accreditations","content":"\t294 Surrender of accreditations\n\n(1) This section applies to an application made under section 137B before the commencement day in respect of which the Director has not made a decision as to whether to consent to the surrender before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of deciding whether to consent to the surrender is taken to have been done by the Secretary.\n\nS. 295 inserted by No. 34/2011 s. 101.\n\n","sortOrder":226},{"sectionNumber":"295","sectionType":"section","heading":"Application for commercial passenger vehicle licences","content":"\t295 Application for commercial passenger vehicle licences\n\n(1) This section applies to an application made under section 139(2) for the grant of a commercial passenger vehicle licence before the commencement day in respect of which the Director has not made a decision whether to approve or refuse to approve the application before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision under section 139(2) in respect of the application, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 296 inserted by No. 34/2011 s. 101.\n\n","sortOrder":227},{"sectionNumber":"296","sectionType":"section","heading":"Cancellation or alteration of licences","content":"\t296 Cancellation or alteration of licences\n\n(1) This section applies to an application made under section 146 before the commencement day by a licence holder for—\n\n(a) the cancellation of the licence; or\n\n(b) the alteration to the conditions attached to the licence; or\n\n(c) the alteration to the route or area in respect of which the licence was granted—\n\nand in respect of which the Director has not made a decision whether to approve or refuse to approve the application before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 297 inserted by No. 34/2011 s. 101.\n\n","sortOrder":228},{"sectionNumber":"297","sectionType":"section","heading":"Transfer of licences","content":"\t297 Transfer of licences\n\n(1) This section applies to an application made under section 149 for the transfer of a commercial passenger vehicle licence before the commencement day in respect of which the Director has not made a decision whether to authorise the transfer of the licence before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision to authorise or not authorise that transfer, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 298 inserted by No. 34/2011 s. 101.\n\n","sortOrder":229},{"sectionNumber":"298","sectionType":"section","heading":"Assignments","content":"\t298 Assignments\n\n(1) This section applies to an application made under section 150 for authority to assign the right to operate a taxi-cab under a licence before the commencement day in respect of which the Director has not made a decision whether to grant or refuse to grant the application before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 299 inserted by No. 34/2011 s. 101.\n\n","sortOrder":230},{"sectionNumber":"299","sectionType":"section","heading":"Substitution of vehicle where licensed vehicle undergoing repair","content":"\t299 Substitution of vehicle where licensed vehicle undergoing repair\n\n(1) This section applies to an application made under section 151 by an owner of a licensed vehicle to use a substitute vehicle before the commencement day in respect of which the Director has not made a decision whether to authorise that use before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 300 inserted by No. 34/2011 s. 101.\n\n","sortOrder":231},{"sectionNumber":"300","sectionType":"section","heading":"Substitution of licensed vehicle","content":"\t300 Substitution of licensed vehicle\n\n(1) This section applies to an application made under section 152 by an owner of a licensed vehicle to substitute a vehicle for the licensed vehicle before the commencement day in respect of which the Director has not made a decision whether to authorise that substitution before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 301 inserted by No. 34/2011 s. 101.\n\n","sortOrder":232},{"sectionNumber":"301","sectionType":"section","heading":"Cancellation of licence for vehicles","content":"\t301 Cancellation of licence for vehicles\n\n(1) This section applies if the Director has, before the commencement day, notified, under section 153, the owner of a licensed vehicle that the Director proposes to cancel the licence issued in respect of the vehicle but has not done so before that day.\n\n(2) On and after the commencement day, the Secretary may cancel that licence in accordance with that notice, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 302 inserted by No. 34/2011 s. 101.\n\n","sortOrder":233},{"sectionNumber":"302","sectionType":"section","heading":"Revocation or suspension of licence, permit or certificate","content":"\t302 Revocation or suspension of licence, permit or certificate\n\n(1) This section applies if the Director has, before the commencement day, notified, under section 157, the holder of a licence or permit granted under Division 5 of Part VI that the authority proposes to suspend or revoke the licence or permit but has not done so before that day.\n\n(2) On and after the commencement day, the Secretary may suspend or revoke the licence or permit in accordance with section 157, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 303 inserted by No. 34/2011 s. 101.\n\n","sortOrder":234},{"sectionNumber":"303","sectionType":"section","heading":"Application for driver accreditation","content":"\t303 Application for driver accreditation\n\n(1) This section applies to an application made by a person under section 166 for the issue of a driver accreditation before the commencement day in respect of which the Director has not made a decision whether to accredit the person before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 304 inserted by No. 34/2011 s. 101.\n\n","sortOrder":235},{"sectionNumber":"304","sectionType":"section","heading":"Application for renewal of driver accreditation","content":"\t304 Application for renewal of driver accreditation\n\n(1) This section applies to an application made by a holder of a driver accreditation under section 168 for the renewal of the driver accreditation before the commencement day in respect of which the Director has not made a decision whether to renew the accreditation before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 305 inserted by No. 34/2011 s. 101.\n\n","sortOrder":236},{"sectionNumber":"305","sectionType":"section","heading":"Actions Director may take in relation to holders of driver accreditations","content":"\t305 Actions Director may take in relation to holders of driver accreditations\n\n(1) This section applies if the Director—\n\n(a) has, in accordance with section 169F, considered taking action in relation to a holder of a driver accreditation under section 169I(1) and given the holder a notice in accordance with section 169G before the commencement day; and\n\n(b) has not taken action under section 169I in relation to the holder before that day.\n\n(2) On and after the commencement day, the Secretary may take that action and complete the process specified in Division 6 of Part VI in respect of that action, and for that purpose, anything done before that day by the Director for the purpose of taking that action is taken to have been done by the Secretary.\n\nS. 306 inserted by No. 34/2011 s. 101.\n\n","sortOrder":237},{"sectionNumber":"306","sectionType":"section","heading":"Pending applications for authorisations","content":"\t306 Pending applications for authorisations\n\n(1) This section applies to an application for authorisation made under section 221B before the commencement day in respect of which the Director has not made a decision whether to give the authorisation before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision under Division 4AA of Part VII, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 307 inserted by No. 34/2011 s. 101.\n\n","sortOrder":238},{"sectionNumber":"307","sectionType":"section","heading":"Pending applications for renewal of authorisations","content":"\t307 Pending applications for renewal of authorisations\n\n(1) This section applies to an application for the renewal of an authorisation made under section 221G before the commencement day in respect of which the Director has not made a decision whether to renew the authorisation before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision under Division 4AA of Part VII, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 308 inserted by No. 34/2011 s. 101.\n\n","sortOrder":239},{"sectionNumber":"308","sectionType":"section","heading":"Identity cards of authorised officers","content":"\t308 Identity cards of authorised officers\n\nOn the commencement day, every identity card issued to an authorised officer under section 221I before that day and who is an authorised officer immediately before that day is taken to be an identity card issued by the Secretary.\n\nS. 309 inserted by No. 34/2011 s. 101.\n\n","sortOrder":240},{"sectionNumber":"309","sectionType":"section","heading":"Inquiries into conduct of authorised officers","content":"\t309 Inquiries into conduct of authorised officers\n\n(1) This section applies if the Director has—\n\n(a) before the commencement day commenced an inquiry under section 221J; and\n\nS. 309(1)(b) amended by No. 43/2012 s. 3(Sch. item 53).\n\n(b) not completed that inquiry before that day.\n\n(2) On and after the commencement day, the Secretary may continue with the inquiry and for that purpose, anything done under by the Director under section 221J before that day, is taken to have been done by the Secretary.\n\nS. 310 inserted by No. 34/2011 s. 101.\n\n","sortOrder":241},{"sectionNumber":"310","sectionType":"section","heading":"Pending applications for a certificate","content":"\t310 Pending applications for a certificate\n\n(1) This section applies to an application for a certificate made under section 221S before the commencement day in respect of which the Director has not made a decision whether to give that certificate before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision under section 221S, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 311 inserted by No. 34/2011 s. 101.\n\n","sortOrder":242},{"sectionNumber":"311","sectionType":"section","heading":"Pending applications for accreditation","content":"\t311 Pending applications for accreditation\n\n(1) This section applies to an application for accreditation made under section 228A before the commencement day in respect of which the Director has not made a decision whether to give the accreditation before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision under section 228C, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 312 inserted by No. 34/2011 s. 101.\n\n","sortOrder":243},{"sectionNumber":"312","sectionType":"section","heading":"Change of accreditation conditions on application of accredited company","content":"\t312 Change of accreditation conditions on application of accredited company\n\n(1) This section applies if an accredited company has made an application under section 228E before the commencement day for the Director to vary or revoke a condition of accreditation, or impose a new condition, and the Director has not made a decision on that application before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 313 inserted by No. 34/2011 s. 101.\n\n","sortOrder":244},{"sectionNumber":"313","sectionType":"section","heading":"Change of accreditation conditions on initiative of Director","content":"\t313 Change of accreditation conditions on initiative of Director\n\n(a) before the commencement day the Director forms an intention to vary or revoke a condition of accreditation, or impose a new condition, under section 228E; and\n\n(b) the Director has not made that decision to do so before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 314 inserted by No. 34/2011 s. 101.\n\n","sortOrder":245},{"sectionNumber":"314","sectionType":"section","heading":"Pending applications for renewal of authorisations","content":"\t314 Pending applications for renewal of authorisations\n\n(1) This section applies to an application for the renewal of an accreditation made under section 228I before the commencement day in respect of which the Director has not made a decision whether to renew or refuse to renew the accreditation before that day.\n\n(2) On and after the commencement day, the Secretary may make the decision under section 228J, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the Secretary.\n\nS. 315 inserted by No. 34/2011 s. 101.\n\n","sortOrder":246},{"sectionNumber":"315","sectionType":"section","heading":"Supervision of accredited companies","content":"\t315 Supervision of accredited companies\n\n(a) the Director has, before the commencement day, commenced an inquiry under section 228N for the purpose of determining whether proper cause exists for taking action against a passenger transport or bus company or the Bus Association of Victoria that is or has been an accredited company (the ***relevant entity***); and\n\n(b) has not completed that inquiry before that day.\n\n(2) Despite anything to the contrary in this Act, on and after the commencement day, the Director may complete that inquiry and exercise the powers conferred on the Secretary—\n\n(a) under section 228O for the purpose of that inquiry; and\n\n(b) under section 228N(3) following the inquiry in relation to the relevant entity.\n\n(3) For the purposes of subsection (2), every reference in sections 228N and 228O to the Secretary is to be read as a reference to the Director.\n\n(4) Anything done by the Director under section 228N(3) is, on the day after it is done, taken to be done by the Secretary.\n\nS. 316 inserted by No. 34/2011 s. 101.\n\n","sortOrder":247},{"sectionNumber":"316","sectionType":"section","heading":"Proceedings","content":"\t316 Proceedings\n\n(1) On the commencement day, the Secretary is, by force of this section, substituted as a party to any proceeding pending in any court or tribunal in respect of a matter arising under Part VI or Division 4AA or 4A of Part VII to which the Director was a party immediately before that day.\n\n(2) On the commencement day, every order made by a court or tribunal in a proceeding (whether pending or otherwise) in respect of a matter arising under Part VI or Division 4AA or 4A of Part VII before that day applying to the Director that has not been abided by or complied with by the Director before that day is taken to be an order applying to the Secretary.\n\nS. 317 inserted by No. 34/2011 s. 101.\n\n","sortOrder":248},{"sectionNumber":"317","sectionType":"section","heading":"References to the Director—certain statutory instruments","content":"\t317 References to the Director—certain statutory instruments\n\nOn and after the commencement day, every reference to the Director in any Ministerial Order, licence, permit, accreditation, authorisation, certificate, notice, direction or other document (however described) given, made, issued, granted, served or published under Part VI or Division 4AA or Division 4A of Part VII must be, unless the context otherwise requires, construed as a reference to the Secretary.\n\nS. 318 inserted by No. 34/2011 s. 101.\n\n","sortOrder":249},{"sectionNumber":"318","sectionType":"section","heading":"Transitional regulations","content":"\t318 Transitional regulations\n\n(1) The Governor in Council may make regulations in relation to matters of a savings or transitional nature consequent on the enactment of Part 2 of the **Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011**.\n\n(2) A provision of regulations under this section may be retrospective in operation to the commencement day or a day after the commencement day.\n\n(3) Regulations under this clause have effect despite anything to the contrary in any Act other than this Act or in any subordinate instrument.\n\nPt 8 Div. 10 (Headings and ss 319–350) inserted by No. 34/2011 s. 125.\n\nDivision 10—Transitional provisions—Part 3 of the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011\n\nSubdivision 1—Preliminary\n\nS. 319 inserted by No. 34/2011 s. 125.\n\n","sortOrder":250},{"sectionNumber":"319","sectionType":"section","heading":"Definitions","content":"\t319 Definitions\n\n***commencement day*** means the day on which section 125 of the **Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011** comes into operation;\n\n***former property*** means property, and related rights or related liabilities, of the Secretary that, under Subdivision 2, have vested in, or become liabilities of, the TSC;\n\n***former property instrument*** means an instrument relating to former property subsisting immediately before the relevant date—\n\n(a) to which the Secretary was a party; or\n\n(b) that was given to, or in favour of, the Secretary; or\n\n(c) that refers to the Secretary; or\n\n(d) under which—\n\n(i) money is, or may become, payable to the Secretary; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by the Secretary;\n\n***former relevant agreement*** means an agreement subsisting immediately before the relevant date—\n\n(b) that was entered into by the Secretary for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision of commercial passenger vehicle services by the Secretary or another person;\n\n***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective;\n\n***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;\n\n***relevant agreement liabilities*** means liabilities of the Secretary under an agreement subsisting immediately before the relevant date—\n\n(b) that was entered into by the Secretary for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision of commercial passenger vehicle services by the Secretary or another person;\n\n***relevant agreement rights*** means rights of the Secretary under an agreement subsisting immediately before the relevant date—\n\n(b) that was entered into by the Secretary for the purposes of performing a function or exercising a power under Part VI or in relation to or for the purposes of the provision of commercial passenger vehicle services by the Secretary or another person;\n\n***relevant date***, in relation to an allocation statement under section 320 or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under section 320(7) for the purposes of that statement;\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective;\n\n***TSC*** means the Taxi Services Commission.\n\nSubdivision 2—Property transfers\n\nS. 320 inserted by No. 34/2011 s. 125.\n\n","sortOrder":251},{"sectionNumber":"320","sectionType":"section","heading":"Minister may direct transfer of property of Secretary etc. to TSC","content":"\t320 Minister may direct transfer of property of Secretary etc. to TSC\n\n(1) The Minister may give a direction in writing to the Secretary directing the Secretary to transfer to the TSC, in accordance with the direction—\n\n(a) property and related rights and related liabilities of the Secretary of a specified kind;\n\n(b) relevant agreement rights and relevant agreement liabilities of a specified kind.\n\n(2) The Secretary must give to the Minister a statement containing the information required by the Minister relating to the property and related rights and related liabilities of the Secretary, relevant agreement rights and relevant agreement liabilities to which the direction relates, as at the date specified by the Minister for the purposes of this section.\n\n(3) A statement under this section—\n\n(a) must allocate the property and related rights and related liabilities of the Secretary, relevant agreement rights and relevant agreement liabilities shown in the statement in accordance with the directions of the Minister; and\n\n(b) must be signed by the Secretary.\n\n(4) If a statement under this section is approved by the Minister—\n\n(a) the Minister must sign the statement; and\n\n(b) the statement is an allocation statement for the purposes of this Division.\n\n(5) The Minister may at any time direct the Secretary to amend a statement given to him or her under this section as specified in the direction.\n\n(6) An allocation statement under this section may be amended by writing signed by the Minister.\n\n(7) The Minister, by notice published in the Government Gazette, may fix a relevant date for the purposes of an allocation statement under this section.\n\n(8) In this section, ***statement*** and ***allocation statement*** include a statement or allocation statement amended in accordance with this section.\n\nS. 321 inserted by No. 34/2011 s. 125.\n\n","sortOrder":252},{"sectionNumber":"321","sectionType":"section","heading":"Property etc. transferred in accordance with direction","content":"\t321 Property etc. transferred in accordance with direction\n\nOn the relevant date—\n\n(a) all property and related rights of the Secretary wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 320, vest in the TSC in accordance with the statement;\n\n(b) all liabilities of the Secretary related to property, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 320, become liabilities of the TSC in accordance with the statement;\n\n(c) all relevant agreement rights, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 320, vest in the TSC in accordance with the statement;\n\n(d) all relevant agreement liabilities, wherever located, that are allocated under an allocation statement in accordance with a direction of the Minister under section 320, become liabilities of the TSC in accordance with the statement.\n\nS. 322 inserted by No. 34/2011 s. 125.\n\n","sortOrder":253},{"sectionNumber":"322","sectionType":"section","heading":"Allocation of property etc. subject to encumbrances","content":"\t322 Allocation of property etc. subject to encumbrances\n\nUnless an allocation statement under this Subdivision otherwise provides, if, under this Subdivision—\n\n(a) property and related rights and relevant agreement rights vest in; or\n\n(b) liabilities related to property and relevant agreement liabilities become liabilities of—\n\nthe TSC in accordance with a direction under section 320—\n\n(c) the property and related rights and relevant agreement rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(d) the rights to which the Secretary was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Secretary vest in the TSC.\n\nS. 323 inserted by No. 34/2011 s. 125.\n\n","sortOrder":254},{"sectionNumber":"323","sectionType":"section","heading":"Substitution of party to agreement","content":"\t323 Substitution of party to agreement\n\nIf, under an allocation statement, rights and liabilities related to property of the Secretary under an agreement and relevant agreement rights and relevant agreement liabilities are allocated to the TSC in accordance with a direction under section 320—\n\n(a) the TSC becomes, on the relevant date, a party to the agreement in place of the Secretary; and\n\n(b) on and after the relevant date, the agreement has effect as if the TSC had always been a party to the agreement.\n\nS. 324 inserted by No. 34/2011 s. 125.\n\n","sortOrder":255},{"sectionNumber":"324","sectionType":"section","heading":"Former Secretary instruments and agreements","content":"\t324 Former Secretary instruments and agreements\n\n(1) Each former instrument relating to former property continues to have effect according to its tenor on and after the relevant date in relation to that property as if a reference in the instrument to the Secretary were a reference to the TSC.\n\n(2) Each former relevant agreement continues to have effect according to its tenor on and after the relevant date as if a reference in the agreement to the Secretary were a reference to the TSC.\n\nS. 325 inserted by No. 34/2011 s. 125.\n\n","sortOrder":256},{"sectionNumber":"325","sectionType":"section","heading":"Proceedings","content":"\t325 Proceedings\n\nUnless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former property or a former relevant agreement (including arbitration proceedings) to which the Secretary was a party were pending or existing in any court or tribunal, then, on and after that date, the TSC is substituted for the Secretary as a party to the proceedings and has the same rights in the proceedings as the Secretary had.\n\nS. 326 inserted by No. 34/2011 s. 125.\n\n","sortOrder":257},{"sectionNumber":"326","sectionType":"section","heading":"Interests in land","content":"\t326 Interests in land\n\nWithout prejudice to the generality of this Subdivision and despite anything to the contrary in any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or law if, immediately before the relevant date, the Secretary is, in relation to former property, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after that date—\n\n(a) the TSC is to be taken to be the registered proprietor of that interest in land; and\n\n(b) the TSC has the same rights and remedies in respect of that interest as the Secretary had.\n\nS. 327 inserted by No. 34/2011 s. 125.\n\n","sortOrder":258},{"sectionNumber":"327","sectionType":"section","heading":"Action by Registrar of Titles","content":"\t327 Action by Registrar of Titles\n\nThe Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or other instrument, must make any amendments in the Register that are necessary because of the operation of this Subdivision.\n\nS. 328 inserted by No. 34/2011 s. 125.\n\n","sortOrder":259},{"sectionNumber":"328","sectionType":"section","heading":"Taxes","content":"\t328 Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Subdivision or in respect of any act or transaction connected with or necessary to be done by reason of this Subdivision, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Secretary.\n\nS. 329 inserted by No. 34/2011 s. 125.\n\n","sortOrder":260},{"sectionNumber":"329","sectionType":"section","heading":"Evidence","content":"\t329 Evidence\n\nDocumentary or other evidence that would have been admissible for or against the interests of the Secretary in relation to former property or a former relevant agreement if this Subdivision had not been enacted is admissible for or against the interests of the TSC.\n\nS. 330 inserted by No. 34/2011 s. 125.\n\n","sortOrder":261},{"sectionNumber":"330","sectionType":"section","heading":"Validity of things done under this Subdivision","content":"\t330 Validity of things done under this Subdivision\n\nNothing effected or to be effected by this Subdivision or done or suffered under this Subdivision—\n\n(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or\n\n(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or\n\n(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or\n\nSubdivision 3—Administrative and regulatory function transfers\n\nS. 331 inserted by No. 34/2011 s. 125.\n\n","sortOrder":262},{"sectionNumber":"331","sectionType":"section","heading":"General transitional provisions","content":"\t331 General transitional provisions\n\n(1) This Subdivision does not affect or take away from the **Interpretation of Legislation Act 1984**.\n\n(2) This Subdivision applies despite anything to the contrary in any other provision of this Act.\n\nS. 332 inserted by No. 34/2011 s. 125.\n\n","sortOrder":263},{"sectionNumber":"332","sectionType":"section","heading":"Regulatory instruments","content":"\t332 Regulatory instruments\n\n(1) On the commencement day, every regulatory instrument in force immediately before that day is taken to be a regulatory instrument made, given, granted or issued (as the case may be) by the TSC as the licensing authority.\n\n***regulatory instrument*** means—\n\n(a) a certificate of accreditation under Division 4 of Part VI;\n\n(b) a licence in respect of a public commercial passenger vehicle (within the meaning of section 86(1));\n\n(c) a hire car licence (within the meaning of section 86(1));\n\n(d) a restricted hire vehicle licence (within the meaning of section 86(1));\n\n(e) a special purpose vehicle licence (within the meaning of section 86(1));\n\n(f) a taxi-cab licence (within the meaning of section 86(1));\n\n(g) a notice published in the Government Gazette under section 142(1A) specifying an area for the purposes of section 140(1)(b);\n\n(h) a temporary permit under section 154;\n\n(i) a notice published in the Government Gazette under section 158A(5) specifying a place for the purposes of section 158A;\n\n(j) a specification under section 167(1A);\n\n(k) a driver accreditation issued under section 169D;\n\n(l) an authorisation under section 134A, 149, 150, 151, 152, 154 or 158B;\n\n(m) a notice published in the Government Gazette under regulation 5 or 7 of the Transport (Taxi-Cab Licences—Market and Trading) Regulations 2005.\n\nS. 333 inserted by No. 34/2011 s. 125.\n\n","sortOrder":264},{"sectionNumber":"333","sectionType":"section","heading":"Pending applications for accreditation","content":"\t333 Pending applications for accreditation\n\n(1) This section applies to an application for accreditation made under section 132 before the commencement day in respect of which the Secretary has not made a decision whether to approve or refuse to approve the application before that day.\n\n(2) On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.\n\nS. 334 inserted by No. 34/2011 s. 125.\n\n","sortOrder":265},{"sectionNumber":"334","sectionType":"section","heading":"Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations","content":"\t334 Variations, revocations, or imposition of new conditions, restrictions or other limitations on accreditations\n\n(1) This section applies if the Secretary has—\n\n(a) before the commencement day begun the process under section 133A to—\n\n(i) vary or revoke a condition, restriction or other limitation imposed by the Secretary on an accreditation; or\n\n(ii) impose a new condition, restriction or other limitation on an accreditation; and\n\n(b) not completed that process before that day.\n\n(2) On and after the commencement day, the TSC may complete that process and for that purpose, anything done before that day by the Secretary for the purpose of making a decision to—\n\n(a) vary or revoke a condition, restriction or other limitation imposed by the Secretary on an accreditation; or\n\n(b) impose a new condition, restriction or other limitation on an accreditation—\n\nis taken to have been done by the TSC.\n\nS. 335 inserted by No. 34/2011 s. 125.\n\n","sortOrder":266},{"sectionNumber":"335","sectionType":"section","heading":"Disciplinary action taken against accredited persons","content":"\t335 Disciplinary action taken against accredited persons\n\n(1) This section applies if the Secretary—\n\n(a) has, before the commencement day, served a notice on an accredited person under section 135B; and\n\n(b) has not decided whether to exercise a power under Subdivision 6 of Division 4 of Part VI in respect of that person before that day.\n\n(2) On and after the commencement day, the TSC may make that decision and for that purpose, anything done under Subdivision 6 of Division 4 of Part VI before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.\n\nS. 336 inserted by No. 34/2011 s. 125.\n\n","sortOrder":267},{"sectionNumber":"336","sectionType":"section","heading":"Surrender of accreditations","content":"\t336 Surrender of accreditations\n\n(1) This section applies to an application made under section 137B before the commencement day in respect of which the Secretary has not made a decision as to whether to consent to the surrender before that day.\n\n(2) On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of deciding whether to consent to the surrender is taken to have been done by the TSC.\n\nS. 337 inserted by No. 34/2011 s. 125.\n\n","sortOrder":268},{"sectionNumber":"337","sectionType":"section","heading":"Application for commercial passenger vehicle licences","content":"\t337 Application for commercial passenger vehicle licences\n\n(1) This section applies to an application made under section 139(2) for the grant of a commercial passenger vehicle licence before the commencement day in respect of which the Secretary has not made a decision whether to approve or refuse to approve the application before that day.\n\n(2) On and after the commencement day, the TSC may make the decision under section 139(2) in respect of the application, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.\n\nS. 338 inserted by No. 34/2011 s. 125.\n\n","sortOrder":269},{"sectionNumber":"338","sectionType":"section","heading":"Cancellation or alteration of licences","content":"\t338 Cancellation or alteration of licences\n\n(1) This section applies to an application made under section 146 before the commencement day by a licence holder for—\n\n(a) the cancellation of the licence; or\n\n(b) the alteration to the conditions attached to the licence; or\n\n(c) the alteration to the route or area in respect of which the licence was granted—\n\nand in respect of which the Secretary has not made a decision whether to approve or refuse to approve the application before that day.\n\n(2) On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.\n\nS. 339 inserted by No. 34/2011 s. 125.\n\n","sortOrder":270},{"sectionNumber":"339","sectionType":"section","heading":"Transfer of licences","content":"\t339 Transfer of licences\n\n(1) This section applies to an application made under section 149 for the transfer of a commercial passenger vehicle licence before the commencement day in respect of which the Secretary has not made a decision whether to authorise the transfer of the licence before that day.\n\n(2) On and after the commencement day, the TSC may make the decision to authorise or not authorise that transfer, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.\n\nS. 340 inserted by No. 34/2011 s. 125.\n\n","sortOrder":271},{"sectionNumber":"340","sectionType":"section","heading":"Assignments","content":"\t340 Assignments\n\n(1) This section applies to an application made under section 150 for authority to assign the right to operate a taxi-cab under a licence before the commencement day in respect of which the Secretary has not made a decision whether to grant or refuse to grant the application before that day.\n\n(2) On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.\n\nS. 341 inserted by No. 34/2011 s. 125.\n\n","sortOrder":272},{"sectionNumber":"341","sectionType":"section","heading":"Substitution of vehicle where licensed vehicle undergoing repair","content":"\t341 Substitution of vehicle where licensed vehicle undergoing repair\n\n(1) This section applies to an application made under section 151 by an owner of a licensed vehicle to use a substitute vehicle before the commencement day in respect of which the Secretary has not made a decision whether to authorise that use before that day.\n\n(2) On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.\n\nS. 342 inserted by No. 34/2011 s. 125.\n\n","sortOrder":273},{"sectionNumber":"342","sectionType":"section","heading":"Substitution of licensed vehicle","content":"\t342 Substitution of licensed vehicle\n\n(1) This section applies to an application made under section 152 by an owner of a licensed vehicle to substitute a vehicle for the licensed vehicle before the commencement day in respect of which the Secretary has not made a decision whether to authorise that substitution before that day.\n\n(2) On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.\n\nS. 343 inserted by No. 34/2011 s. 125.\n\n","sortOrder":274},{"sectionNumber":"343","sectionType":"section","heading":"Cancellation of licence for vehicles","content":"\t343 Cancellation of licence for vehicles\n\n(1) This section applies if the Secretary has, before the commencement day, notified, under section 153, the owner of a licensed vehicle that the Secretary proposes to cancel the licence issued in respect of the vehicle but has not done so before that day.\n\n(2) On and after the commencement day, the TSC may cancel that licence in accordance with that notice, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.\n\nS. 344 inserted by No. 34/2011 s. 125.\n\n","sortOrder":275},{"sectionNumber":"344","sectionType":"section","heading":"Revocation or suspension of licence, permit or certificate","content":"\t344 Revocation or suspension of licence, permit or certificate\n\n(1) This section applies if the Secretary has, before the commencement day, notified, under section 157, the holder of a licence or permit granted under Division 5 of Part VI that the authority proposes to suspend or revoke the licence or permit but has not done so before that day.\n\n(2) On and after the commencement day, the TSC may suspend or revoke the licence or permit in accordance with section 157, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.\n\nS. 345 inserted by No. 34/2011 s. 125.\n\n","sortOrder":276},{"sectionNumber":"345","sectionType":"section","heading":"Application for driver accreditation","content":"\t345 Application for driver accreditation\n\n(1) This section applies to an application made by a person under section 166 for the issue of a driver accreditation before the commencement day in respect of which the Secretary has not made a decision whether to accredit the person before that day.\n\n(2) On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.\n\nS. 346 inserted by No. 34/2011 s. 125.\n\n","sortOrder":277},{"sectionNumber":"346","sectionType":"section","heading":"Application for renewal of driver accreditation","content":"\t346 Application for renewal of driver accreditation\n\n(1) This section applies to an application made by a holder of a driver accreditation under section 168 for the renewal of the driver accreditation before the commencement day in respect of which the Secretary has not made a decision whether to renew the accreditation before that day.\n\n(2) On and after the commencement day, the TSC may make the decision, and for that purpose, anything done before that day by the Secretary for the purpose of making that decision is taken to have been done by the TSC.\n\nS. 347 inserted by No. 34/2011 s. 125.\n\n","sortOrder":278},{"sectionNumber":"347","sectionType":"section","heading":"Actions Secretary may take in relation to holders of driver accreditations","content":"\t347 Actions Secretary may take in relation to holders of driver accreditations\n\n(1) This section applies if the Secretary—\n\n(a) has, in accordance with section 169F, considered taking action in relation to a holder of a driver accreditation under section 169I(1) and given the holder a notice in accordance with section 169G before the commencement day; and\n\n(b) has not taken action under section 169I in relation to the holder before that day.\n\n(2) On and after the commencement day, the TSC may take that action and complete the process specified in Division 6 of Part VI in respect of that action, and for that purpose, anything done before that day by the Secretary for the purpose of taking that action is taken to have been done by the TSC.\n\nS. 348 inserted by No. 34/2011 s. 125.\n\n","sortOrder":279},{"sectionNumber":"348","sectionType":"section","heading":"Proceedings","content":"\t348 Proceedings\n\n(1) On the commencement day, the TSC is, by force of this section, substituted as a party to any proceeding pending in any court or tribunal in respect of a matter arising under Part VI to which the Secretary was a party immediately before that day.\n\n(2) On the commencement day, every order made by a court or tribunal in a proceeding (whether pending or otherwise) in respect of a matter arising under Part VI before that day applying to the Secretary that has not been abided by or complied with by the Secretary before that day is taken to be an order applying to the TSC.\n\nS. 349 inserted by No. 34/2011 s. 125.\n\n","sortOrder":280},{"sectionNumber":"349","sectionType":"section","heading":"References to the Secretary—certain statutory instruments","content":"\t349 References to the Secretary—certain statutory instruments\n\nOn and after the commencement day, every reference to the Secretary in any Ministerial Order, licence, permit, accreditation, authorisation, certificate, notice, direction or other document (however described) given, made, issued, granted, served or published under Part VI must be, unless the context otherwise requires, construed as a reference to the TSC.\n\nS. 350 inserted by No. 34/2011 s. 125.\n\n","sortOrder":281},{"sectionNumber":"350","sectionType":"section","heading":"Transitional regulations","content":"\t350 Transitional regulations\n\n(1) The Governor in Council may make regulations in relation to matters of a savings or transitional nature consequent on the enactment of Part 3 of the **Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011**.\n\n(2) A provision of regulations under this section may be retrospective in operation to the commencement day or a day after the commencement day.\n\n(3) Regulations under this clause have effect despite anything to the contrary in any Act other than this Act or in any subordinate instrument.\n\nPt 8 Div. 11 (Heading and ss 351–355) inserted by No. 35/2014 s. 41.\n\n","sortOrder":282},{"sectionNumber":"Div 11","sectionType":"division","heading":"Transitional provisions—Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014","content":"Division 11—Transitional provisions—Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014\n\nS. 351 inserted by No. 35/2014 s. 41.\n\n","sortOrder":283},{"sectionNumber":"351","sectionType":"section","heading":"Definitions","content":"\t351 Definitions\n\n***commencement day*** means the day on which section 39 of the **Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014** comes into operation;\n\n***general fund*** means the general fund established under section 79VE of the **Transport Integration Act 2010**;\n\n***money standing to the credit of the old fund*** includes money that is income from the investment of money standing to the credit of the old fund and that is the proceeds of sale of any investment;\n\n***old fund*** means the Public Transport Fund established under section 11 as in force immediately before the commencement day;\n\n***specified day*** means the day specified in an Order under section 353(1).\n\nS. 352 inserted by No. 35/2014 s. 41.\n\n","sortOrder":284},{"sectionNumber":"352","sectionType":"section","heading":"Continuation of Public Transport Fund","content":"\t352 Continuation of Public Transport Fund\n\n(1) On and after the commencement day, the old fund continues despite the repeal of section 11.\n\n(2) While the old fund is continued under this section—\n\n(a) section 11 continues in force as if it had not been repealed; and\n\n(b) section 12(4) continues in force as if it had not been amended by section 40 of the **Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014**.\n\n(3) Nothing in this section affects the abolition of the old fund in accordance with section 354.\n\nS. 353 inserted by No. 35/2014 s. 41.\n\n","sortOrder":285},{"sectionNumber":"353","sectionType":"section","heading":"Specification of money to be transferred","content":"\t353 Specification of money to be transferred\n\n(1) While the old fund is continued under section 352, the Governor in Council, on the recommendation of the Minister and Treasurer, by Order published in the Government Gazette, may specify—\n\n(a) an amount of money standing to the credit of the old fund that is to be transferred to the general fund; and\n\n(b) the day on which the amount of money specified under paragraph (a) is to be transferred (the ***specified day***).\n\n(2) The amount of money specified under an Order under subsection (1) may be—\n\n(a) an amount specified in the Order; or\n\n(b) an amount that can be determined—\n\n(i) through the application of a formula or methodology specified in the Order; or\n\n(ii) by reference to the basis on which it was paid or is payable into the old fund.\n\nS. 354 inserted by No. 35/2014 s. 41.\n\n","sortOrder":286},{"sectionNumber":"354","sectionType":"section","heading":"Transfer of money and abolition of old fund","content":"\t354 Transfer of money and abolition of old fund\n\n(1) On the specified day—\n\n(a) the amount of money specified under an Order under section 353(1) is paid out of the old fund and forms part of the general fund; and\n\n(b) all other money standing to the credit of the old fund forms part of the Consolidated Fund; and\n\n(c) the old fund is abolished.\n\n(2) In addition—\n\n(a) all amounts that are received on and after the specified day under agreements, leases or licences to which the Crown, or another person on behalf of the Crown, is a party relating to, or connected with, passenger services or other transport services that would have been payable into the old fund before its abolition must be paid into the Consolidated Fund; and\n\n(b) all amounts allocated to the Crown on andafter the specified day in accordance with any agreement referred to in section34(2A)(a) of the **Transport Integration Act 2010** that would have been payable into the old fund before its abolition must be paid into the Consolidated Fund.\n\nS. 355 inserted by No. 35/2014 s. 41.\n\n","sortOrder":287},{"sectionNumber":"355","sectionType":"section","heading":"References to old fund","content":"\t355 References to old fund\n\n(1) A reference to the old fund in any Act, subordinate instrument, agreement, lease, licence or other document to the extent that it relates to any money specified in an Order under section 353(1)(a) is taken to be a reference to the general fund, unless the contrary intention appears.\n\n(2) A reference to the old fund in any Act, subordinate instrument, agreement, lease, licence or other document to the extent that it relates to any money to which section 354(1)(b) applies is taken to be a reference to the Consolidated Fund, unless the contrary intention appears.\n\nPt 8 Div. 12 (Heading and ss 356, 357) inserted by No. 71/2016 s. 9.\n\n","sortOrder":288},{"sectionNumber":"Div 12","sectionType":"division","heading":"Transitional provisions—Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016","content":"Division 12—Transitional provisions—Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016\n\nS. 356 inserted by No. 71/2016 s. 9.\n\n","sortOrder":289},{"sectionNumber":"356","sectionType":"section","heading":"Continuation of protection for persons who have paid on-the-spot penalty fares","content":"\t356 Continuation of protection for persons who have paid on-the-spot penalty fares\n\nSection 212AA(7) as in force immediately before the commencement of section 6 of the **Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016** continues to apply to a person who has paid an on-the-spot penalty fare before that commencement.\n\nS. 357 inserted by No. 71/2016 s. 9.\n\n","sortOrder":290},{"sectionNumber":"357","sectionType":"section","heading":"Allocation of on-the-spot penalty fares","content":"\t357 Allocation of on-the-spot penalty fares\n\nSection 220DD as in force immediately before the commencement of section 7 of the **Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016** continues to apply to—\n\n(a) any amount of an on-the-spot penalty fare received by an authorised officer or other person under section 212AA (as in force before its repeal) before that commencement that has not been dealt with by the officer or person in accordance with section 220DD before that commencement; and\n\n(b) any amount of an on-the-spot penalty fare received by the Public Transport Development Authority under Part VII before that commencement that has not been dealt with by it in accordance with section 220DD before that commencement.\n\nPt 8 Div. 13 (Heading and ss 358‒361) inserted by No. 35/2017 s. 34.\n\n","sortOrder":291},{"sectionNumber":"Div 13","sectionType":"division","heading":"Transitional provisions—Commercial Passenger Vehicle Industry Act 2017","content":"Division 13—Transitional provisions—Commercial Passenger Vehicle Industry Act 2017\n\nS. 358 inserted by No. 35/2017 s. 34.\n\n","sortOrder":292},{"sectionNumber":"358","sectionType":"section","heading":"Restricted hire vehicle licences taken to be hire car licences","content":"\t358 Restricted hire vehicle licences taken to be hire car licences\n\nA restricted hire vehicle licence that is in force immediately before the commencement of section 22 of the **Commercial Passenger Vehicle Industry Act 2017** is taken on that commencement to be a hire car licence.\n\nS. 359 inserted by No. 35/2017 s. 34.\n\n","sortOrder":293},{"sectionNumber":"359","sectionType":"section","heading":"Special purpose vehicle licences taken to be hire car licences","content":"\t359 Special purpose vehicle licences taken to be hire car licences\n\nA special purpose vehicle licence that is in force immediately before the commencement of section 25 of the **Commercial Passenger Vehicle Industry Act 2017** is taken on that commencement to be a hire car licence.\n\nS. 360 inserted by No. 35/2017 s. 34.\n\n","sortOrder":294},{"sectionNumber":"360","sectionType":"section","heading":"Taxi-cab licences","content":"\t360 Taxi-cab licences\n\n(1) On the commencement of section 27 of the **Commercial Passenger Vehicle Industry Act 2017**—\n\n(a) every licence to operate a taxi-cab assigned under section 150 to an assignee within the meaning of section 150 and in force immediately before that commencement is revoked and the assignee is taken to be granted a new taxi-cab licence; and\n\n(b) every taxi-cab licence granted under section 143 or 143A that is in force immediately before that commencement, and that has not been assigned under section 150, is revoked and the holder of that licence is taken to be granted a new taxi-cab licence.\n\n***new taxi-cab licence*** has the same meaning as in Part VI;\n\n***taxi-cab*** has the same meaning as in Part VI;\n\n***taxi-cab licence*** has the same meaning as in Part VI.\n\nS. 361 inserted by No. 35/2017 s. 34.\n\n","sortOrder":295},{"sectionNumber":"361","sectionType":"section","heading":"Accredited providers of taxi-cab network services","content":"\t361 Accredited providers of taxi-cab network services\n\n(1) A person accredited under Division 4 of Part VI as a provider of taxi-cab network services whose accreditation under that Division (a ***taxi-cab network services accreditation***) is in force immediately before the commencement of section 35 of the **Commercial Passenger Vehicle Industry Act 2017** is taken, on that commencement, to be accredited under that Division as a provider of a booking service.\n\n(2) In addition, the taxi-cab network services accreditation that person holds is taken, on the commencement of section 35 of the **Commercial Passenger Vehicle Industry Act 2017**, to be an accreditation accrediting that person to be a provider of a booking service.\n\nPt 8 Div. 14 (Heading and ss 362, 363) inserted by No. 7/2019 s. 56.\n\n","sortOrder":296},{"sectionNumber":"Div 14","sectionType":"division","heading":"Transitional provisions—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019","content":"Division 14—Transitional provisions—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019\n\nS. 362 inserted by No. 7/2019 s. 56.\n\n","sortOrder":297},{"sectionNumber":"362","sectionType":"section","heading":"Permissions for overdimensional vehicles","content":"\t362 Permissions for overdimensional vehicles\n\n(1) On the commencement of section 51 of the **Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019**, a written permission granted by the Public Transport Development Authority under section 221X(1) or (2) is taken to be a permit granted by the Roads Corporation under section 221XA for the purposes of Division 4AAA of Part VII.\n\n(2) A written permission that is taken to be a permit under subsection (1) is subject to any conditions to which the permission was subject immediately before the commencement day and those conditions are taken to be conditions imposed under section 221XA(4).\n\nS. 363 inserted by No. 7/2019 s. 56.\n\n","sortOrder":298},{"sectionNumber":"363","sectionType":"section","heading":"Fees and further charges","content":"\t363 Fees and further charges\n\n(1) On the commencement of section 55 of the **Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019**, the relevant fees notice is taken to be a notice published under section 221ZA (as substituted by section 55 of the **Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019**) and for that purpose—\n\n(a) the reference in paragraph 1 of the relevant fees notice to granting a permission is taken to be a reference to the granting of a permit; and\n\n(b) the reference in paragraph 2 of the relevant fees notice to section 221X(8) is taken to be a reference to section 221XB(2); and\n\n(c) the reference in paragraph 3 of the relevant fees notice to section 221X(8) is taken to be a reference to section 221XB(1); and\n\n(d) the reference in paragraph 3 of the relevant fees notice to Department employees is taken to be a reference to employees in the Department or employees of the Roads Corporation.\n\n(2) The notice to which subsection (1) applies expires on the first anniversary of the commencement of this section unless it is sooner revoked.\n\n***relevant fees notice*** means the notice made under section 221ZA (as in force immediately before the commencement of section 55 of the **Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019**) with the title \"Specification of Vehicle Fees for Overdimensional Vehicles Crossing Tracks\", published in the Government Gazette on 21 December 2006.\n\nPt 8 Div. 15 (Heading and ss 364, 365) inserted by No. 49/2019 s. 184.\n\n","sortOrder":299},{"sectionNumber":"Div 15","sectionType":"division","heading":"Savings and transitional arrangements—Transport Legislation Amendment Act 2019","content":"Division 15—Savings and transitional arrangements—Transport Legislation Amendment Act 2019\n\nS. 364 inserted by No. 49/2019 s. 184.\n\n","sortOrder":300},{"sectionNumber":"364","sectionType":"section","heading":"Application of Interpretation of Legislation Act 1984","content":"\t364 Application of Interpretation of Legislation Act 1984\n\nExcept where the contrary intention appears, any regulations made under this Division do not affect or take away from the **Interpretation of Legislation Act 1984**.\n\nPt 8 Div. 16 (Heading and new s. 365) inserted by No. 34/2023 s. 64.\n\n","sortOrder":301},{"sectionNumber":"Div 16","sectionType":"division","heading":"Savings and transitional arrangements—Transport Legislation Amendment Act 2023","content":"Division 16—Savings and transitional arrangements—Transport Legislation Amendment Act 2023\n\nS. 365 inserted by No. 49/2019 s. 184, expired by force of No. 9921/1983 s. 365(6), new s. 365 inserted by No. 34/2023 s. 64.\n\n","sortOrder":302},{"sectionNumber":"365","sectionType":"section","heading":"Directions of the Minister under section 221","content":"\t365 Directions of the Minister under section 221\n\nA direction under section 221(7)(a) that is in effect immediately before the commencement of section 63 of the **Transport Legislation Amendment Act 2023** continues in effect, on and after that commencement, until the day on which regulations for the purposes of section 221, as substituted by section 63 of the **Transport Legislation Amendment Act 2023**, come into operation.\n\nPt 8 Div. 17 (Heading and s. 366) inserted by No. 26/2025 s. 9.\n\n","sortOrder":303},{"sectionNumber":"Div 17","sectionType":"division","heading":"Savings and transitional arrangements—Transport Legislation Amendment (Vehicle Sharing Scheme Safety and Standards) Act 2025","content":"Division 17—Savings and transitional arrangements—Transport Legislation Amendment (Vehicle Sharing Scheme Safety and Standards) Act 2025\n\nS. 366 inserted by No. 26/2025 s. 9.\n\n","sortOrder":304},{"sectionNumber":"366","sectionType":"section","heading":"Vehicle sharing schemes—agreements and approvals","content":"\t366 Vehicle sharing schemes—agreements and approvals\n\n(1) On the commencement day, a relevant agreement is taken to be—\n\n(a) if the agreement makes provision for or with respect to electric scooters that are to be made available for hire—an agreement entered into under section 207L(1); or\n\n(b) if the agreement makes provision for or with respect to bicycles that are to be made available for hire—an agreement entered into under section 207L(2).\n\n(2) Despite anything to the contrary in Part VIA, a person who, immediately before the commencement day, is a party to a relevant agreement is not required to be an approved category A scheme operator to make a vehicle available for hire under a category A vehicle sharing scheme for the period—\n\n(a) beginning on that day; and\n\n(b) ending on the earlier of the following—\n\n(i) the day on which the agreement ends;\n\n(ii) the day that is 3 months after the commencement day.\n\n***approved category A scheme operator*** has the same meaning as in Part VIA;\n\n***bicycle*** has the same meaning as in the **Road Safety Act 1986**;\n\n***category A vehicle sharing scheme*** has the same meaning as in Part VIA;\n\n***commencement day*** means the day on which section 6 of the **Transport Legislation Amendment (Vehicle Sharing Scheme Safety and Standards) Act 2025** comes into operation;\n\n***electric scooter***  has the same meaning as in the **Road Safety Act 1986**;\n\n***relevant agreement*** means—\n\n(a) an agreement—\n\n(i) entered into under section 90T of the **Road Safety Act 1986** before the commencement day; and\n\n(ii) in effect immediately before the commencement day; or\n\n(b) an agreement between a person and a municipal council that is an agreement—\n\n(i) entered into before 1 July 2024; and\n\n(ii) in effect immediately before the commencement day; and\n\n(iii) under which the person may operate, within the municipal district of that council, a scheme under which electric scooters or bicycles are—\n\n(A) made available for hire; and\n\n(B) hired, from wherever they are located, through a wholly or partly automated system; and\n\n(C) not required to be returned, after the period of hire ends, to private premises.\n\n***vehicle*** has the same meaning as in the **Road Safety Act 1986**.\n\nSchedules\n\nSch. 1 inserted by No. 85/1992 s. 10, amended by Nos 120/1993 s. 74(a)–(c), 17/1995 s. 24(c), 42/1995 s. 224(Sch. 2 item 43.1), 68/1995 s. 41(2), 46/1998 s. 7(Sch. 1), repealed by No. 47/1998 s. 16(7).\n\nSch. 1A amended by Nos 100/1986 ss 3(22), 43(a)–(c), 44/1989 s. 40(Sch. 1 item 26), 81/1990 s. 7(8), 85/1992 s. 9(1)(h), 120/1993 s. 75(a)–(c), 42/1995 s. 224(Sch. 2 item 43.2) 46/1998 s. 7(Sch. 1), 47/1998 s. 16(8), 108/2004 s. 117(1)  \n(Sch. 3 item 208.3), repealed by No. 6/2010 s. 199(3)  \n(Sch. 3 item 10).\n\nSch. 2 amended by Nos 9984 s. 5(k), 10220 s. 15, 100/1986 s. 3(22), 44/1989 s. 40(Sch. 1 item 27.1(a)–(d)), 76/1991 s. 15(4)(a)(b), 54/2001 s. 25(Sch. item 1.66) (as amended by No. 32/2002 s. 24(b)(ii)), repealed by No. 6/2010 s. 199(3)  \n(Sch. 3 item 11).\n\nSch. 3 amended by Nos 44/1989 s. 40(Sch. 1 item 28.1(a)–(c)), 25/1998 s. 166(1), repealed by No. 30/2000 s. 31.\n\nSch. 4 amended by Nos 12/1989 s. 4(1)(Sch. 2 item 120.9) (as amended by No. 13/1990 s. 38(3)(a)), 44/1989 s. 40(Sch. 1 item 29), 99/1994 s. 27, 99/1998 s. 15(2), repealed by No. 12/2004 s. 137(7).\n\nSch. 5 amended by Nos 10087 s. 3(1)(Sch. 1 items 290–293), 100/1986 s. 44(a)–(m), 41/1987 s. 103(Sch. 4 item 65.1), 12/1989 s. 4(1)(Sch. 2 items 120.10–120.47) (as amended by No. 13/1990 s. 38(3)(b)–(e)), 18/1989 s. 13(Sch. 2 item 90(b)), 44/1989 ss 39(1)(g)–(i), 40(Sch. 1 item 30(a)–(d)), 57/1989 s. 3(Sch. item 202.17), 130/1993 s. 122(Sch. 4 items 14.1–14.3), 53/1994 s. 34(Sch. 1 items 9.1–9.6), 79/1995 s. 39, 106/1997 s. 35(2), 25/1998 s. 166(2), 99/1998 s. 13, 69/2000 s. 63, 54/2001 s. 24, 20/2003 s. 30, 12/2004 s. 137  \n(12)–(16), repealed by No. 74/2007 s. 85.\n\nSch. 6 repealed by No. 100/1986 s. 17(2).\n\nS. 150.\n\nSch. 7 amended by Nos 44/1989 s. 40(Sch. 1 item 31), 60/1994 s. 15(3)(a)(b).\n\nSchedule 7––Covenants to be included in deed of assignment\n\nThe assignee hereby covenants with the assignor to submit the licensed vehicle for inspection when required by the licensing authority within the meaning of Division 5 of Part VI of the **Transport Act 1983** or an officer or inspector of the licensing authority.\n\nThe assignor hereby covenants with the assignee—\n\n(a) that at all times during the currency of this agreement he shall make all necessary applications to the licensing 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;\n\n(b) to return to the licensing authority for safe keeping the licence and allow all the endorsements required to be made thereon by or under the **Transport Act 1983**;\n\n(c) to apply to the licensing authority as required by or under this Act for authority to assign the rights under the licence.\n\nSch. 8 amended by SG (No. 26) 6.6.90 p. 1, GGs 23.12.93 p. 3416, 11.8.94 p. 2225, 22.12.94 p. 3444, repealed by No. 16/1998  \ns. 9.\n\nSch. 9 substituted by No. 10085 s. 7, amended by Nos 10178 s. 9(a)(b), 10220 s. 17(a)(i)–(vi)(b), substituted by No. 111/1986 s. 180(2) (Sch. 2 item 2(h)), repealed by No. 127/1986 s. 102(Sch. 4 item 28.20), new Sch. 9 inserted by No. 106/1997 s. 27.\n\nSchedule 9––Partial revocation of reservation on Yarra Park Land\n\n| Situation and area of land: | At East Melbourne, City of Melbourne, 63.64 hectares less authorised excisions. |\n| Instrument and date of reservation: | Order in Council dated 9 June 1873 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 12 February 1864, page 350 and 13 June 1873, page 1059 |\n| Particulars of registration of Crown grant: | Crown grant Volume 600 Folio 902 |\n| Purpose of reservation: | Yarra Park |\n| Extent of revocation: | Land shown hatched on the plan numbered LEGL./97-215 and lodged at the Central Plan Office. |\n\nSch. 10 amended by Nos 100/1986  \ns. 36(2), 44/1989 s. 39(1)(j)(k), repealed by No. 25/1989  \ns. 49, new Sch. 10 inserted by No. 99/1998  \ns. 14.\n\nSchedule 10––Partial revocation of reservation on Yarra Park Land\n\n| Situation and area of land: | At East Melbourne, City of Melbourne, 63·64 hectares less authorised excisions. |\n| Instrument and date of reservation: | Order in Council dated 9 June 1873 |\n| Description of land by reference to Government Gazette: | Government Gazettes dated 12 February 1864, page 350 and 13 June 1873, page 1059 |\n| Particulars of registration of Crown grant: | Crown grant Volume 600 Folio 902 |\n| Purpose of reservation: | Public recreation (Yarra Park) |\n| Extent of revocation: | Land shown hatched on the plan numbered LEGL./98-75 and lodged at the Central Plan Office. |\n\nSchs 11, 12 repealed.[[16]](#endnote-17)\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nSection 246 on 5 May 1983: section 1(2)(a); rest of Act (*except* sections  \n167–170) on 1 July 1983: section 1(2)(c); sections 167–170 never proclaimed, repealed by No. 106/1997 section 22(1).\n\nThe title of this Act was changed from the **Transport Act 1983** to the **Transport (Compliance and Miscellaneous) Act 1983** by section 199(1) of the **Transport Integration Act 2010**, No. 6/2010.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Transport (Compliance and Miscellaneous) Act 1983** by Acts and subordinate instruments.\n\n**Transport (Compliance and Miscellaneous) Act 1983, No. 9921/1983**\n\n| *Assent Date:* | 23.6.83 |\n| *Commencement Date:* | S. 249C(2) inserted on 29.4.99 by No. 98/1998 s. 39: Government Gazette 29.4.99 p. 967; s. 254A inserted on 1.1.05 by No. 54/2002 s. 4; s. 143AA(5) inserted on 30.6.14 by No. 13/2013 s. 9: s. 2(4); s. 365(6) inserted on 1.1.20 by No. 49/2019 s. 184: Special Gazette (No. 514) 10.12.19 p. 1 |\n| *Note:* | S. 254A repealed Part 2A (s. 37A) on 1.1.05; s. 249C(2) provided that s. 249C expired on 1.1.08; s. 143AA(5) provided that s. 143AA expired on 30.6.17; s. 365(6) provided that s. 365 expired on 1.1.22 |\n\n**Transport (Borrowing Agency) Act 1983, No. 9984/1983** (as amended by No. 100/1986)\n\n| *Assent Date:* | 6.12.83 |\n| *Commencement Date:* | All of Act (*except* s. 6) on 6.12.83: s. 2(1); s. 6 never proclaimed, repealed by No. 100/1986 |\n\n**Grain Handling Improvement Authorities (Abolition) Act 1984, No. 10049/1984**\n\n| *Assent Date:* | 8.5.84 |\n| *Commencement Date:* | 8.5.84 |\n\n**Transport (Traffic Infringement Notices) Act 1984, No. 10085/1984**\n\n| *Assent Date:* | 22.5.84 |\n| *Commencement Date:* | 1.3.85: Government Gazette 20.2.85 p. 367 |\n\n**Statute Law Revision Act 1984, No. 10087/1984**\n\n| *Assent Date:* | 22.5.84 |\n| *Commencement Date:* | S. 3(1)(Sch. 1 items 290–304) on 1.7.83: s. 3(2)(y); ss 3(1)(Sch. 1 items 271–289), 4(1)(Sch. 2) on 22.5.84: s. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Dangerous Goods (Road Transport) Act 1984, No. 10159/1984**\n\n| Assent Date: | 20.11.84 |\n| Commencement Date: | S. 48 never proclaimed, repealed by No. 10189/1985 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Motor Car (Amendment) Act 1985, No. 10178/1985**\n\n| *Assent Date:* | 14.5.85 |\n| *Commencement Date:* | S. 9 on 1.7.85: Government Gazette 19.6.85 p. 2336 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Dangerous Goods Act 1985, No. 10189/1985**\n\n| *Assent Date:* | 30.7.85 |\n| *Commencement Date:* | S. 6(Sch. 1 items 8, 9) on 1.10.85: Government Gazette 1.10.85 p. 3803 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Amendment) Act 1985, No. 10220/1985**\n\n| *Assent Date:* | 3.12.85 |\n| *Commencement Date:* | S. 15 on 1.7.83: s. 2(2); rest of Act on 4.12.85: Government Gazette 4.12.85 p. 4458 |\n\n**Magistrates (Summary Proceedings) (Amendment) Act 1985, No. 10249/1985**\n\n| *Assent Date:* | 10.12.85 |\n| *Commencement Date:* | S. 11(a)(b) on 1.4.86; s. 11(c)(d) on 1.10.86: Government Gazette 5.3.86 p. 581 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Courts Amendment Act 1986, No. 16/1986**\n\n| *Assent Date:* | 22.4.86 |\n| *Commencement Date:* | S. 30(Sch. items) on 1.7.86: Government Gazette 25.6.86 p. 2180 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Amendment) Act 1986, No. 100/1986** (as amended by Nos 18/1989, 44/1989)\n\n| *Assent Date:* | 16.12.86 |\n| *Commencement Date:* | Ss 5, 42(b) on 23.6.83: s. 2(2); ss 1, 2, 4, 6–30(1), 31–41(a), 42–44 on 17.12.86: Government Gazette 17.12.86 p. 4744; ss 3, 41(b) on 12.1.87: Government Gazette 23.12.86 p. 4777;    s. 30(2)–(4) on 1.1.88: Government Gazette 16.12.87 p. 3392 |\n\n**Transport Accident Act 1986, No. 111/1986**\n\n| *Assent Date:* | 16.12.86 |\n| *Commencement Date:* | S. 180(2)(Sch. 2 item 2) on 1.2.87: Government Gazette 28.1.87 p. 180 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Land Acquisition and Compensation Act 1986, No. 121/1986**\n\n| *Commencement Date:* | 29.11.87: Government Gazette 25.11.87 p. 3224 |\n\n**Port Authorities (Amendment) Act 1986, No. 123/1986**\n\n| *Commencement Date:* | S. 31 on 19.12.78: s. 2(2); rest of Act on 23.12.86: Government Gazette 23.12.86 p. 4775 |\n\n**Road Safety Act 1986, No. 127/1986** (as amended by No. 78/1987)\n\n| *Commencement Date:* | S. 102 on 1.3.87: Government Gazette 25.2.87 p. 445; Sch. 4 items 28.2, 28.3, 28.5–28.12, 28.13 (*except* (a)(d)), 28.17, 28.18 on 1.7.87: Special Gazette (No. 27) 25.6.87 p. 1; Sch. 4 items 28.1, 28.4, 28.13(a)(d), 28.13A, 28.14, 28.15, 28.15A, 28.16(a)(b), 28.19, 28.20 on 1.3.88: Government Gazette 30.12.87 p. 3540 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Planning Appeals (Amendment) Act 1987, No. 9/1987**\n\n| *Assent Date:* | 28.4.87 |\n| *Commencement Date:* | 1.8.87: Government Gazette 29.7.87 p. 1992 |\n\n**Chattel Securities Act 1987, No. 15/1987**\n\n| *Assent Date:* | 12.5.87 |\n| *Commencement Date:* | 1.8.87: Government Gazette 29.7.87 p. 1992 |\n\n**Conservation, Forests and Lands Act 1987, No. 41/1987**\n\n| *Assent Date:* | 19.5.87 |\n| *Commencement Date:* | S. 103(Sch. 4 item 65.1) on 1.7.87: Government Gazette 24.6.87 p. 1694 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Planning and Environment Act 1987, No. 45/1987**\n\n| *Assent Date:* | 27.5.87 |\n| *Commencement Date:* | S. 205(Sch. items 138, 139) on 16.2.88: Government Gazette 10.2.88 p. 218 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Accident (Amendment) Act 1988, No. 32/1988**\n\n| *Assent Date:* | 17.5.88 |\n| *Commencement Date:* | Ss 4(3), 35 on 16.12.86: s. 2(2); ss 34, 36, 37 on 1.3.88: s. 2(3); rest of Act on 24.5.88: Special Gazette (No. 37) 24.5.88 p. 1 |\n\n**State Superannuation Act 1988, No. 50/1988**\n\n| *Assent Date:* | 24.5.88 |\n| *Commencement Date:* | S. 93(3) on 1.7.87: s. 2(1); s. 93(4) on 27.11.87: s. 2(2); Pt 1, Pt 6 Div. 2, s. 91 on 1.1.88: s. 2(3); rest of Act on 1.7.88: Government Gazette 1.6.88 p. 1487 |\n\n**Marine Act 1988, No. 52/1988**\n\n| *Assent Date:* | 31.5.88 |\n| *Commencement Date:* | All of Act (*except* s. 159(4)) on 20.12.88: Special Gazette (No. 105) 20.12.88 p. 1; s. 159(4) on 1.7.89: Government Gazette 28.6.89 p. 1558 |\n\n**Local Government (Consequential Provisions) Act 1989, No. 12/1989** (as amended by No. 13/1990)\n\n| *Assent Date:* | 9.5.89 |\n| *Commencement Date:* | S. 4(1)(Sch. 2 items 120.1–120.4, 120.6–120.8, 120.10–120.31, 120.35, 120.36, 120.38–120.44, 120.47) on 1.11.89: Government Gazette 1.11.89 p. 2798; Sch. 2 items 120.5, 120.9, 120.32–120.34, 120.37, 120.45, 120.46 on 1.10.92: Government Gazette 23.9.92 p. 2789 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transfer of Land (Computer Register) Act 1989, No. 18/1989**\n\n| *Assent Date:* | 16.5.89 |\n| *Commencement Date:* | 3.2.92: Government Gazette 18.12.91 p. 3488 |\n\n**Crimes Legislation (Miscellaneous Amendments) Act 1989, No. 25/1989** (as amended by No. 34/1990)\n\n| *Assent Date:* | 6.6.89 |\n| *Commencement Date:* | Ss 40, 43–48 on 20.12.89: Government Gazette 20.12.89 p. 3290; ss 41, 42, 49 on 8.8.90: Government Gazette 8.8.90 p. 2416 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Amendment) Act 1989, No. 44/1989**\n\n| *Assent Date:* | 6.6.89 |\n| *Commencement Date:* | Ss 16, 39(3), Sch. 2 items 42.1, 42.11, 42.12 on 6.6.89: s. 2(2); s. 39(2) on 16.12.86: s. 2(3); s. 42(1) on 1.11.89: s. 2(4); s. 42(2) on 1.11.89: s. 2(5); s. 42(3) on 11.11.89: s. 2(6); rest of Act on 1.7.89: s. 2(1) |\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989** (as amended by No. 25/1989)\n\n| *Assent Date:* | 14.6.89 |\n| *Commencement Date:* | Ss 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |\n\n**Water (Consequential Amendments) Act 1989, No. 81/1989**\n\n| *Assent Date:* | 5.12.89 |\n| *Commencement Date:* | 1.11.90: Government Gazette 15.8.90 p. 2473 |\n\n**Transport (Anti-Graffiti) Act 1990, No. 81/1990**\n\n| *Assent Date:* | 11.12.90 |\n| *Commencement Date:* | S. 7(1)(2)(5)(7)–(9) on 6.6.89: s. 2(2); s. 7(3) on 23.12.86: s. 2(3); rest of Act on 6.3.91: Government Gazette 6.3.91 p. 483 |\n\n**Sentencing Act 1991, No. 49/1991**\n\n| *Assent Date:* | 25.6.91 |\n| *Commencement Date:* | 22.4.92: Government Gazette 15.4.92 p. 898 |\n\n**National Rail Corporation (Victoria) Act 1991, No. 76/1991**\n\n| *Assent Date:* | 3.12.91 |\n| *Commencement Date:* | S. 15 on 1.1.92: Government Gazette 18.12.91 p. 3488 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Car Pooling) Act 1991, No. 79/1991**\n\n| *Assent Date:* | 3.12.91 |\n| *Commencement Date:* | 11.12.91: Government Gazette 11.12.91 p. 3404 |\n\n**Public Sector Management Act 1992, No. 68/1992**\n\n| *Assent Date:* | 19.11.92 |\n| *Commencement Date:* | S. 114(Sch. 7 item 4) on 24.11.92: Special Gazette (No. 62) 24.11.92 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Treasury Corporation of Victoria Act 1992, No. 80/1992**\n\n| *Assent Date:* | 24.11.92 |\n| *Commencement Date:* | 1.1.93: Special Gazette (No. 69) 23.12.92 p. 1 |\n\n**Transport (Amendment) Act 1992, No. 85/1992**\n\n| *Assent Date:* | 24.11.92 |\n| *Commencement Date:* | Ss 1, 2 on 24.11.92: s. 2(1); rest of Act on 1.12.92: Special Gazette (No. 65) 1.12.92 p. 1 |\n\n**Transport (Amendment) Act 1993, No. 120/1993** (as amended by No. 60/1994)\n\n| *Assent Date:* | 7.12.93 |\n| *Commencement Date:* | Pt 1 (ss 1–3), ss 56, 58, 60, 61(2), 65–71, 73–79 on 7.12.93: s. 2(1); Pt 2 (ss 4–55), ss 57, 59, 61(1), 62, 63 on 19.12.93: s. 2(2); rest of Act on 30.5.94: s. 2(4) |\n\n**Electricity Industry Act 1993, No. 130/1993**\n\n| *Assent Date:* | 14.12.93 |\n| *Commencement Date:* | S. 122(Sch. 4 items 14.1–14.3) on 3.1.94: Special Gazette (No. 97) 23.12.93 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Financial Management Act 1994, No. 18/1994**\n\n| *Assent Date:* | 10.5.94 |\n| *Commencement Date:* | Pt 1 (ss 1–8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2) |\n\n**Financial Management (Consequential Amendments) Act 1994, No. 31/1994** (as amended by No. 75/1994)\n\n| *Assent Date:* | 31.5.94 |\n| *Commencement Date:* | S. 4(Sch. 2 item 93) on 1.1.95: Government Gazette 28.7.94 p. 2055; s. 3(Sch. 1 item 60) never proclaimed, repealed by No. 75/1994 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Electricity Industry (Amendment) Act 1994, No. 53/1994** (as amended by No. 110/1994)\n\n| *Assent Date:* | 15.6.94 |\n| *Commencement Date:* | S. 34 on 3.10.94: Special Gazette (No. 64) 27.9.94 p. 1; Sch. 1 items 9.1–9.6 on 3.10.94: s. 2(4A) |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Further Amendment) Act 1994, No. 60/1994**\n\n| *Assent Date:* | 15.6.94 |\n| *Commencement Date:* | Ss 1–4, 8–11, 13–21, 24–27, 29, 31 on 15.6.94: s. 2(1); ss 12, 22, 23, 28 on 1.1.95: s. 2(4); s. 30 on 19.12.93: s. 2(5); ss 5–7 on 1.9.94: Special Gazette (No. 58) 30.8.94 p. 1 |\n\n**Financial Management (Amendment) Act 1994, No. 75/1994**\n\n| *Assent Date:* | 22.11.94 |\n| *Commencement Date:* | S. 7(6) on 10.5.94: s. 2(1); rest of Act on 1.1.95: s. 2(2) |\n\n**Employee Relations (Amendment) Act 1994, No. 82/1994**\n\n| *Assent Date:* | 29.11.94 |\n| *Commencement Date:* | S. 13(Sch. 2 item 9) on 11.5.95: Government Gazette 11.5.95 p. 1093—see **Interpretation of Legislation Act 1984** |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Borrowing and Investment Powers (Public Transport Corporation) Act 1994, No. 85/1994**\n\n| *Assent Date:* | 6.12.94 |\n| *Commencement Date:* | 6.12.94 |\n\n**Local Government (Amendment) Act 1994, No. 99/1994**\n\n| *Assent Date:* | 13.12.94 |\n| *Commencement Date:* | S. 27 on 13.12.94: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Water Industry Act 1994, No. 121/1994**\n\n| *Assent Date:* | 20.12.94 |\n| *Commencement Date:* | Ss 1, 2 on 20.12.94: s. 2(1); rest of Act on 1.1.95: Special Gazette (No. 105) 23.12.94 p. 1 |\n\n**Road Safety (Amendment) Act 1995, No. 7/1995**\n\n| *Assent Date:* | 19.4.95 |\n| *Commencement Date:* | 19.4.95 |\n\n**Transport (Tow Truck Reform) Act 1995, No. 17/1995**\n\n| *Assent Date:* | 9.5.95 |\n| *Commencement Date:* | Ss 1, 2, 3(b)–(d), 7, 8(b)(c), 9, 10, 12, 17–19, 20(4), 22–24 on 9.5.95: s. 2(1); ss 3(a)(e)–(g), 4–6, 8(a), 11, 13–16, 20(1)–(3) on 1.10.95: s. 2(2); s. 21 on 2.10.95: s. 2(3) |\n\n**Equal Opportunity Act 1995, No. 42/1995**\n\n| *Assent Date:* | 14.6.95 |\n| *Commencement Date:* | S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 items 43.1, 43.2 on 1.1.96: Government Gazette 21.12.95 p. 3571 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Road Safety (Miscellaneous Amendments) Act 1995, No. 58/1995** (as amended by No. 28/1996)\n\n| *Assent Date:* | 20.6.95 |\n| *Commencement Date:* | S. 20 on 1.1.95: s. 2(3); ss 19, 21–25, 27 on 6.7.95; s. 26 on 1.11.95: Government Gazette 6.7.95 p. 1698 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Public Transport Competition Act 1995, No. 68/1995**\n\n| *Assent Date:* | 17.10.95 |\n| *Commencement Date:* | Pt 1 (ss 1–4) on 17.10.95: s. 2(1); ss 40–42, 45–48 on 23.11.95: Government Gazette 23.11.95 p. 3234; rest of Act on 17.4.96: s. 2(3) |\n\n**Electricity Industry (Further Amendment) Act 1995, No. 79/1995**\n\n| *Assent Date:* | 28.11.95 |\n| *Commencement Date:* | S. 39 on 7.12.95: Government Gazette 7.12.95 p. 3379—see **Interpretation of Legislation Act 1984** |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995**\n\n| *Assent Date:* | 5.12.95 |\n| *Commencement Date:* | Ss 60, 61 on 1.1.95: s. 2(3); s. 62 on 1.10.95: s. 2(4); s. 59 on 5.12.95: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Melbourne City Link Act 1995, No. 107/1995**\n\n| *Assent Date:* | 12.12.95 |\n| *Commencement Date:* | Ss 121, 122 on 14.12.95: Special Gazette (No. 120) 14.12.95 p. 3 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Rail Safety) Act 1996, No. 28/1996**\n\n| Assent Date: | 22.10.96 |\n| Commencement Date: | Ss 3–10, 12, 16(1) on 1.1.98: s. 2(4); s. 11 on 1.1.99: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Road Safety (Amendment) Act 1996, No. 37/1996**\n\n| Assent Date: | 6.11.96 |\n| Commencement Date: | S. 10 on 21.11.96: Government Gazette 21.11.96 p. 2971; s. 9 on 1.7.97 s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996**\n\n| Assent Date: | 12.12.96 |\n| Commencement Date: | S. 10(Sch. 2 item 23) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Rail Corporations Act 1996, No. 79/1996**\n\n| Assent Date: | 17.12.96 |\n| Commencement Date: | S. 58 on 1.3.97: Special Gazette (No. 11) 28.1.97 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Port Services (Amendment) Act 1997, No. 63/1997**\n\n| Assent Date: | 5.11.97 |\n| Commencement Date: | S. 10(4)(Sch. item 4) on 10.12.97: Government Gazette 4.12.97 p. 3290 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Rail Corporations (Amendment) Act 1997, No. 104/1997** (as amended by Nos 98/1998, 101/1998, 45/1999)\n\n| Assent Date: | 16.12.97 |\n| Commencement Date: | Ss 31, 32, 38 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1; ss 33–35 on 29.4.99: Government Gazette 29.4.99 p. 967; s. 37 on 24.8.99: Government Gazette 19.8.99 p. 1901 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Acts (Amendment) Act 1997, No. 106/1997**\n\n| Assent Date: | 16.12.97 |\n| Commencement Date: | Ss 35(2), 36 on 16.12.97: s. 2(1); ss 26, 27 on 17.3.98: Government Gazette 12.3.98 p. 520; ss 3–25 on 1.7.98: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Acts (Amendment) Act 1998, No. 16/1998**\n\n| Assent Date: | 28.4.98 |\n| Commencement Date: | Pt 3 (ss 8–10) on 28.4.98: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Electricity Safety Act 1998, No. 25/1998**\n\n| Assent Date: | 12.5.98 |\n| Commencement Date: | S. 166 on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Rail Corporations (Amendment) Act 1998, No. 47/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | Ss 15, 16 on 23.12.99: Government Gazette 23.12.99 p. 2764 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Melbourne City Link (Exhibition Street Extension) Act 1998, No. 50/1998**\n\n| Assent Date: | 2.6.98 |\n| Commencement Date: | 2.6.98: s. 2 |\n\n**Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998** (as amended by No. 101/1998)\n\n| Assent Date: | 2.6.98 |\n| Commencement Date: | S. 311(Sch. 1 items 96.1–96.26) on 1.7.98: Government Gazette 18.6.98 p. 1512 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transfer of Land (Single Register) Act 1998, No. 85/1998**\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | S. 24(Sch. item 59) on 1.1.99: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Rail Corporations (Further Amendment) Act 1998, No. 98/1998** (as amended by No. 45/1999)\n\n| Assent Date: | 24.11.98 |\n| Commencement Date: | Ss 17–19, 22, 25, 26 on 1.1.99: Government Gazette 24.12.98 p. 3204; ss 20, 21, 23, 24, 34, 35, 37–39 on 29.4.99: Government Gazette 29.4.99 p. 967;    ss 27–32, 36 on 24.8.99: Government Gazette 19.8.99 p. 1901 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Amendment) Act 1998, No. 99/1998**\n\n| Assent Date: | 24.11.98 |\n| Commencement Date: | Ss 1, 2, 12–14 on 24.11.98: s. 2(1); ss 3–11, 15 on 8.12.98: Special Gazette (No. 145) 8.12.98 p. 1 |\n\n**Melbourne City Link (Amendment) Act 1998, No. 102/1998**\n\n| Assent Date: | 1.12.98 |\n| Commencement Date: | Ss 38–41 on 1.12.98: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Acts (Further Amendment) Act 1999, No. 6/1999**\n\n| Assent Date: | 28.4.99 |\n| Commencement Date: | S. 10 on 28.4.99: s. 2(1); ss 8, 9 on 1.7.00: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Rail Corporations and Transport Acts (Amendment) Act 1999, No. 45/1999**\n\n| Assent Date: | 8.6.99 |\n| Commencement Date: | Ss 16–34 on 24.8.99: Government Gazette 19.8.99 p. 1901 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999, No. 63/1999**\n\n| Assent Date: | 21.12.99 |\n| Commencement Date: | S. 13 on 22.12.99: s. 2(1); ss 10, 11, 12(1)(b)–(g)(2) on 23.12.99: Government Gazette 23.12.99 p. 2764; s. 12(1)(a) on 1.1.01: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Road Safety (Amendment) Act 2000, No. 14/2000**\n\n| Assent Date: | 18.4.00 |\n| Commencement Date: | Ss 31–34 on 1.12.00: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Amendment) Act 2000, No. 30/2000**\n\n| Assent Date: | 30.5.00 |\n| Commencement Date: | 31.5.00: s. 2 |\n\n**Transport (Miscellaneous Amendments) Act 2000, No. 65/2000**\n\n| Assent Date: | 8.11.00 |\n| Commencement Date: | 9.11.00: s. 2 |\n\n**Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 63 on 1.1.01: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 3(Sch. 1 item 130) on 22.11.00: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Melbourne City Link (Miscellaneous Amendments) Act 2000, No. 81/2000**\n\n| Assent Date: | 28.11.00 |\n| Commencement Date: | S. 45 on 31.12.02: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 3(Sch. item 80) on 1.6.01: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 3(Sch. item 115) on 15.7.01: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Further Amendment) Act 2001, No. 54/2001** (as amended by No. 32/2002)\n\n| Assent Date: | 2.10.01 |\n| Commencement Date: | Ss 15, 17 on 20.6.03: Government Gazette 19.6.03 p. 1434; ss 4–13, 16, 18–27, Sch. items 1.1–1.66 on 30.6.03: s. 2(5); s. 14 repealed on 29.6.03: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001**\n\n| Assent Date: | 23.10.01 |\n| Commencement Date: | S. 16(3) on 1.1.02: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Essential Services Commission Act 2001, No. 62/2001**\n\n| Assent Date: | 23.10.01 |\n| Commencement Date: | S. 96 on 1.1.02: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Alcohol and Drug Controls) Act 2001, No. 94/2001**\n\n| Assent Date: | 11.12.01 |\n| Commencement Date: | 30.6.02: s. 2(2) |\n\n**Statute Law (Further Revision) Act 2002, No. 11/2002**\n\n| Assent Date: | 23.4.02 |\n| Commencement Date: | S. 3(Sch. 1 item 62) on 24.4.02: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Further Miscellaneous Amendments) Act 2002, No. 32/2002**\n\n| Assent Date: | 12.6.02 |\n| Commencement Date: | Ss 6(1), 9 on 9.5.02: s. 2(3); ss 3–5, 6(2), 7, 8, 10–16, 18–23 on 13.6.02: s. 2(1); s. 17 on 30.6.03: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002**\n\n| Assent Date: | 18.6.02 |\n| Commencement Date: | S. 28(Sch. item 7) on 19.6.02: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Environment Protection (Resource Efficiency) Act 2002, No. 37/2002**\n\n| Assent Date: | 18.6.02 |\n| Commencement Date: | S. 51(2) on 19.6.02: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Highway Rule) Act 2002, No. 54/2002**\n\n| Assent Date: | 4.11.02 |\n| Commencement Date: | Ss 3, 5 on 5.11.02: s. 2(1); s. 4 on 1.1.05: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Port Services (Port of Melbourne Reform) Act 2003, No. 23/2003**\n\n| Assent Date: | 13.5.03 |\n| Commencement Date: | S. 30 on 3.11.03: Government Gazette 30.10.03 p. 2744 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Miscellaneous Amendments) Act 2003, No. 34/2003**\n\n| Assent Date: | 27.5.03 |\n| Commencement Date: | Ss 3–13 on 28.5.03: s. 2(1); s. 16(1) on 15.7.03: Special Gazette (No. 138) 15.7.03 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Road Safety (Heavy Vehicle Safety) Act 2003, No. 44/2003**\n\n| Assent Date: | 11.6.03 |\n| Commencement Date: | Ss 7, 8 on 1.7.03: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Victorian Urban Development Authority Act 2003, No. 59/2003**\n\n| Assent Date: | 16.6.03 |\n| Commencement Date: | S. 124 on 1.8.03: Government Gazette 31.7.03 p. 2125 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Non-Emergency Patient Transport Act 2003, No. 69/2003**\n\n| Assent Date: | 14.10.03 |\n| Commencement Date: | S. 68 on 1.2.06: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Road Safety (Amendment) Act 2003, No. 94/2003**\n\n| Assent Date: | 25.11.03 |\n| Commencement Date: | Ss 28, 30–33 on 26.11.03: s. 2(1); s. 29 on 1.1.05: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Rights and Responsibilities) Act 2003, No. 101/2003** (as amended by No. 110/2004)\n\n| Assent Date: | 2.12.03 |\n| Commencement Date: | Ss 3–5, 7–23 on 3.12.03: s. 2(1); s. 6 on 1.7.05: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Road Management Act 2004, No. 12/2004**\n\n| Assent Date: | 11.5.04 |\n| Commencement Date: | Ss 136, 137 on 1.7.04: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004**\n\n| Assent Date: | 16.6.04 |\n| Commencement Date: | Ss 46–48 on 17.6.04: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 208) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation (Amendment) Act 2004, No. 110/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | Ss 46–52, 54, 55 on 22.12.04: s. 2(1); s. 53 on 1.1.06: s. 2(10) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Magistrates' Court (Judicial Registrars and Court Rules) Act 2005, No. 19/2005**\n\n| Assent Date: | 24.5.05 |\n| Commencement Date: | S. 11(3) on 25.5.05: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation (Further Amendment) Act 2005, No. 25/2005**\n\n| Assent Date: | 31.5.05 |\n| Commencement Date: | Ss 9(1)–(6), 10–15 on 31.5.05: s. 2(1); s. 9(7)–(9) on 1.1.06: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Tobacco (Amendment) Act 2005, No. 45/2005** (as amended by No. 95/2005)\n\n| Assent Date: | 16.8.05 |\n| Commencement Date: | Ss 26, 27 on 1.3.06: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Crimes (Homicide) Act 2005, No. 77/2005**\n\n| Assent Date: | 22.11.05 |\n| Commencement Date: | S. 8(5) on 23.11.05: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005** (as amended by No. 47/2006)\n\n| Assent Date: | 29.11.05 |\n| Commencement Date: | Ss 26–33, 36(1)(2), 37–39 on 30.11.05: s. 2(1); s. 12(3) on 13.12.05: Special Gazette (No. 254) 13.12.05 p. 1; s. 35 on 10.2.06: Government Gazette 9.2.06 p. 208; s. 40 on 26.7.06: s. 2(1A); ss 21–25, 34 on 31.7.06: Government Gazette 6.7.06 p. 1391; ss 41, 43–47 on 8.8.06: Special Gazette (No. 199) 8.8.06 p. 1; s. 42 on 30.6.08: s. 2(6) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Health Professions Registration Act 2005, No. 97/2005**\n\n| Assent Date: | 7.12.05 |\n| Commencement Date: | S. 182(Sch. 4 item 50) on 1.7.07: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Rail Safety Act 2006, No. 9/2006** (as amended by No. 47/2006)\n\n| Assent Date: | 4.4.06 |\n| Commencement Date: | S. 129 on 5.4.06: s. 2(2); ss 111–121, 124–128 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1; s. 122 on 1.1.07: s. 2(4); s. 123 on 30.6.08: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation (Safety Investigations) Act 2006, No. 10/2006**\n\n| Assent Date: | 4.4.06 |\n| Commencement Date: | Ss 3, 4 on 1.8.06: Government Gazette 27.7.06 p. 1534 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006**\n\n| Assent Date: | 13.6.06 |\n| Commencement Date: | Ss 74–77 on 1.7.06: Government Gazette 29.6.06 p. 1315 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation (Further Amendment) Act 2006, No. 47/2006** (as amended by No. 71/2006)\n\n| Assent Date: | 25.7.06 |\n| Commencement Date: | Ss 3–7, 15, 30 on 26.7.06: s. 2(1); ss 54–60 on 1.8.06: s. 2(3); s. 61 on 1.8.06: s. 2(4); ss 16, 17, 20(1)(2)(a)(4), 21(1)(2)(a)(3), 24(3)(a), 25(1)(2)(a)(3), 26(1)(3)(a)(4)(5), 27, 28(1)(3)(a)(4), 31(1)(2), Sch. 1 on 8.8.06: Special Gazette (No. 199) 8.8.06 p. 1; ss 18, 19, 20(2)(b)(3), 21(2)(b), 22, 23, 24(1)(2)(3)(b)(c)(4)(5), 25(2)(b), 26(2)(3)(b), 28(2)(3)(b), 29 on 30.3.07: Government Gazette 29.3.07 p. 532; ss 8–14 on 1.7.07: s. 2(6) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006**\n\n| Assent Date: | 15.8.06 |\n| Commencement Date: | S. 42(Sch. item 36) as at 23.4.07: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Taxi-cab Accreditation and Other Amendments) Act 2006, No. 71/2006** (as amended by No. 69/2007)\n\n| Assent Date: | 19.9.06 |\n| Commencement Date: | Ss 13, 14, 16–18 on 20.9.06: s. 2(1); ss 3–12, 15 on 31.12.07: s. 2(4); s. 19 on 31.12.09: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | S. 26(Sch. item 103) on 11.10.06: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Water (Governance) Act 2006, No. 85/2006**\n\n| Assent Date: | 17.10.06 |\n| Commencement Date: | S. 173(Sch. 1 item 14) on 1.7.07: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Statute Law Revision Act 2007, No. 28/2007**\n\n| Assent Date: | 26.6.07 |\n| Commencement Date: | S. 3(Sch. item 66) on 27.6.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Accident Towing Services Act 2007, No. 30/2007**\n\n| Assent Date: | 24.7.07 |\n| Commencement Date: | Ss 225–232 on 1.1.09: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Education and Training Reform Miscellaneous Amendments Act 2007, No. 58/2007**\n\n| Assent Date: | 27.11.07 |\n| Commencement Date: | S. 55 on 28.11.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Graffiti Prevention Act 2007, No. 59/2007**\n\n| Assent Date: | 27.11.07 |\n| Commencement Date: | S. 28(1) on 17.4.08: Government Gazette 17.4.08 p. 742 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment Act 2007, No. 69/2007**\n\n| Assent Date: | 11.12.07 |\n| Commencement Date: | S. 38 on 7.8.06: s. 2(4); s. 40(5) on 30.3.07: s. 2(6); s. 40(2) on 1.7.07: s. 2(5); ss 6–8, 11, 13–20, 22–32, 34–37, 39, 40(1)(3)(4)(6) on 12.12.07: s. 2(1); ss 10, 12, 21 on 31.3.08: Government Gazette 28.2.08 p. 369: s. 9 on 1.7.08: s. 2(3); ss 3–5, 33 on 1.1.09: s. 2(13) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Road Legislation Further Amendment Act 2007, No. 74/2007**\n\n| Assent Date: | 18.12.07 |\n| Commencement Date: | Ss 80–85 on 19.12.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Motor Car Traders Amendment Act 2008, No. 4/2008**\n\n| Assent Date: | 4.3.08 |\n| Commencement Date: | S. 32(Sch. item 33) on 1.12.08: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Unclaimed Money Act 2008, No. 44/2008**\n\n| Assent Date: | 26.8.08 |\n| Commencement Date: | S. 115 on 1.1.09: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Driver and Industry Standards) Act 2008, No. 85/2008**\n\n| Assent Date: | 11.12.08 |\n| Commencement Date: | Ss 3‑16 on 12.12.08: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Bus Safety Act 2009, No. 13/2009** (as amended by Nos 6/2010, 19/2010)\n\n| Assent Date: | 7.4.09 |\n| Commencement Date: | Ss 91, 92(5)–(8), 94–101 on 31.12.10: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Miscellaneous Amendments Act 2009, No. 17/2009**\n\n| Assent Date: | 12.5.09 |\n| Commencement Date: | Ss 28, 29 on 13.5.09: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation General Amendments Act 2009, No. 26/2009**\n\n| Assent Date: | 17.6.09 |\n| Commencement Date: | Ss 3–5 on 31.7.09: Special Gazette (No. 259) 28.7.09 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Road Legislation Amendment Act 2009, No. 28/2009**\n\n| Assent Date: | 17.6.09 |\n| Commencement Date: | S. 87 on 18.6.09: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, No. 45/2009**\n\n| Assent Date: | 5.8.09 |\n| Commencement Date: | Ss 14–16 on 6.8.09: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 124) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 54(Sch. Pt 2 item 53) on 1.1.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Serious Sex Offenders (Detention and Supervision) Act 2009, No. 91/2009**\n\n| Assent Date: | 15.12.09 |\n| Commencement Date: | S. 219(Sch. 3 item 5) on 1.1.10: Government Gazette 24.12.09 p. 3397 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009**\n\n| Assent Date: | 15.12.09 |\n| Commencement Date: | Ss 36, 49(4) on 17.12.09: Government Gazette 17.12.09 p. 3339; s. 15 on 1.11.10: Government Gazette 21.10.10 p. 2531 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Integration Act 2010, No. 6/2010**\n\n| Assent Date: | 2.3.10 |\n| Commencement Date: | Ss 24(5)(Sch. 1 item 16), 199(1)(3)(Sch. 3) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Equal Opportunity Act 2010, No. 16/2010** (as amended by No. 29/2011)\n\n| Assent Date: | 27.4.10 |\n| Commencement Date: | S. 209(Sch. item 9) on 1.8.11: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010** (as amended by No. 29/2011)\n\n| Assent Date: | 18.5.10 |\n| Commencement Date: | Ss 18, 77–79, 81 on 22.5.10: Government Gazette 20.5.10 p. 988; ss 72–74 on 11.6.10: Government Gazette 10.6.10 p. 1149; ss 4–13, 17, 19–33, 75, 76, 80 on 30.6.10: Government Gazette 10.6.10 p. 1149; ss 69, 70 on 31.12.10: Government Gazette 10.6.10 p. 1149; ss 3, 14, 15 on 1.5.11: Special Gazette (No. 125) 19.4.11 p. 1; ss 34, 67, 68 on 1.7.11: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010**\n\n| Assent Date: | 17.8.10 |\n| Commencement Date: | S. 56 on 1.9.10: Special Gazette (No. 337) 24.8.10 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Firearms and Other Acts Amendment Act 2010, No. 52/2010**\n\n| Assent Date: | 7.9.10 |\n| Commencement Date: | S. 34 on 1.11.10: Government Gazette 28.10.10 p. 2583 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Marine Safety Act 2010, No. 65/2010** (as amended by No. 78/2011)\n\n| Assent Date: | 28.9.10 |\n| Commencement Date: | Ss 394–417A on 1.7.12: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Road Legislation Miscellaneous Amendments Act 2010, No. 75/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | S. 24(3) on 25.10.10: Government Gazette 21.10.10 p. 2531; s. 24(1)(2) on 1.11.10: Government Gazette 21.10.10 p. 2531 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Tourist and Heritage Railways Act 2010, No. 79/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | S. 33 on 1.10.11: Special Gazette (No. 298) 22.9.11 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Statute Law Revision Act 2011, No. 29/2011**\n\n| Assent Date: | 21.6.11 |\n| Commencement Date: | S. 3(Sch. 1 item 98) on 22.6.11: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011, No. 34/2011** (as amended by No. 43/2013)\n\n| Assent Date: | 5.7.11 |\n| Commencement Date: | Ss 9, 15(1), 52–58 on 19.7.11: Special Gazette (No. 236) 19.7.11 p. 1; ss 8, 10–14, 15(2), 16–51,    59–101 on 1.8.11: Special Gazette (No. 236) 19.7.11 p. 1; ss 122–125 on 1.7.13: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Accident Towing Services Amendment Act 2011, No. 40/2011**\n\n| Assent Date: | 6.9.11 |\n| Commencement Date: | S. 22 on 7.9.11: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011**\n\n| Assent Date: | 6.9.11 |\n| Commencement Date: | Ss 55–62 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Public Transport Safety) Act 2011, No. 49/2011**\n\n| Assent Date: | 22.9.11 |\n| Commencement Date: | Ss 4–14 on 5.10.11: Special Gazette (No. 313) 4.10.11 p. 1 (see Erratum: Special Gazette (No. 315) 4.10.11 p. 1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011** (as amended by No. 66/2012)\n\n| Assent Date: | 15.11.11 |\n| Commencement Date: | Ss 23(5), 24(2)(3), 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; ss 23(1)–(4), 24(1), Sch. 1 items 13.1(a)(c), 13.2–13.5, 13.7–13.14, Sch. 2 item 5 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1; Sch. 1 items 13.1(b), 13.6 on 1.7.12: s. 2(3); s. 29 on 1.1.13: Special Gazette (No. 444) 19.12.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011**\n\n| Assent Date: | 22.11.11 |\n| Commencement Date: | S. 107(Sch. item 14) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Associations Incorporation Reform Act 2012, No. 20/2012**\n\n| Assent Date: | 1.5.12 |\n| Commencement Date: | S. 226(Sch. 5 item 23) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Statute Law Revision Act 2012, No. 43/2012**\n\n| Assent Date: | 27.6.12 |\n| Commencement Date: | S. 3(Sch. item 53) on 28.6.12: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Working with Children Amendment Act 2012, No. 61/2012**\n\n| Assent Date: | 23.10.12 |\n| Commencement Date: | Ss 19, 20 on 31.12.12: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Marine Drug and Alcohol Standards Modernisation and Other Matters) Act 2012, No. 66/2012**\n\n| Assent Date: | 7.11.12 |\n| Commencement Date: | Ss 29, 30 on 8.11.12; ss 31, 32 on 1.12.12: Special Gazette (No. 373) 7.11.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012**\n\n| Assent Date: | 18.12.12 |\n| Commencement Date: | S. 297 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Co-operatives National Law Application Act 2013, No. 9/2013**\n\n| Assent Date: | 13.3.13 |\n| Commencement Date: | S. 42(Sch. 2 item 18) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Rail Safety National Law Application Act 2013, No. 22/2013** (as amended by No. 27/2014)\n\n| Assent Date: | 23.4.13 |\n| Commencement Date: | Ss 90, 91(1), 92–96 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2; s. 91(2) never proclaimed, repealed by No. 27/2014 s. 157(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Rail Safety Local Operations and Other Matters) Act 2013, No. 23/2013** (as amended by No. 27/2014)\n\n| Assent Date: | 23.4.13 |\n| Commencement Date: | Ss 106, 107, 109–124 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 1; s. 108 never proclaimed, repealed by No. 27/2014 s. 158 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013**\n\n| Assent Date: | 4.6.13 |\n| Commencement Date: | S. 45 on 5.6.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Marine (Domestic Commercial Vessel National Law Application) Act 2013, No. 36/2013**\n\n| Assent Date: | 18.6.13 |\n| Commencement Date: | Ss 89–91 on 1.7.13: Special Gazette (No. 226) 25.6.13 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, No. 43/2013** (as amended by No. 35/2014)\n\n| Assent Date: | 28.6.13 |\n| Commencement Date: | Ss 46–52 on 1.7.13: s. 2(2); ss 23, 24(1), 26, 27, 28(2), 30 on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1; ss 3–18, 19(2), 20–22, 24(2)–(7), 25, 28(1), 29, 32 on 30.6.14: s. 2(4); s. 19(1) never proclaimed, repealed by No. 35/2014 s. 49 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| Commencement Date: | S. 4(Sch. 2 item 52) on 1.12.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Compliance and Miscellaneous) Amendment (On-the-Spot Penalty Fares) Act 2013, No. 80/2013**\n\n| Assent Date: | 17.12.13 |\n| Commencement Date: | Ss 4–10 on 1.7.14: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Safety Schemes Compliance and Enforcement) Act 2014, No. 27/2014**\n\n| Assent Date: | 8.4.14 |\n| Commencement Date: | Ss 137–156 on 19.5.14: Special Gazette (No. 148) 13.5.14 pp 1, 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014, No. 35/2014[[17]](#endnote-18)**\n\n| Assent Date: | 13.5.14 |\n| Commencement Date: | Ss 45, 46 on 14.5.14: s. 2(1); ss 4–21, 25–31, 36–44 on 30.6.14: Special Gazette (No. 188) 17.6.14 p. 1; ss 22–24, 32–35 on 30.9.14: Special Gazette (No. 330) 23.9.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| Commencement Date: | S. 10(Sch. item 171) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Road Safety Amendment Act 2014, No. 49/2014**\n\n| Assent Date: | 1.7.14 |\n| Commencement Date: | S. 61(3)(4) on 2.7.14: s. 2(1); s. 61(1)(2) on 1.7.15: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014**\n\n| Assent Date: | 26.8.14 |\n| Commencement Date: | S. 153 on 31.10.14: Special Gazette (No. 330) 23.9.14: p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Privacy and Data Protection Act 2014, No. 60/2014**\n\n| Assent Date: | 2.9.14 |\n| Commencement Date: | S. 140(Sch. 3 item 46) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Inquiries Act 2014, No. 67/2014**\n\n| Assent Date: | 23.9.14 |\n| Commencement Date: | S. 147(Sch. 2 item 38) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Statute Law Revision Act 2015, No. 21/2015**\n\n| Assent Date: | 16.6.15 |\n| Commencement Date: | S. 3(Sch. 1 item 55) on 1.8.15: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016**\n\n| *Assent Date:* | 22.3.16 |\n| *Commencement Date:* | S. 179(Sch. 1 item 9) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Compliance and Miscellaneous) Amendment (Public Safety) Act 2016, No. 33/2016**\n\n| *Assent Date:* | 15.6.16 |\n| *Commencement Date:* | S. 3 on 16.6.16: s. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016**\n\n| *Assent Date:* | 6.9.16 |\n| *Commencement Date:* | S. 46 on 1.7.17: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme) Act 2016, No. 71/2016**\n\n| *Assent Date:* | 29.11.16 |\n| *Commencement Date:* | Ss 3–9 on 1.1.17: Special Gazette (No. 389) 20.12.16 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017**\n\n| *Assent Date:* | 14.2.17 |\n| *Commencement Date:* | S. 50(Sch. 1 item 10) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Small Business Commission Act 2017, No. 16/2017**\n\n| *Assent Date:* | 10.5.17 |\n| *Commencement Date:* | Ss 24–28 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Commercial Passenger Vehicle Industry Act 2017, No. 35/2017** (as amended by No. 63/2017)\n\n| *Assent Date:* | 22.8.17 |\n| *Commencement Date:* | Ss 53–68 on 23.8.17: s. 2(1); ss 21‒34 on 9.10.17: Special Gazette (No. 331) 3.10.17 p. 1; ss 35–50 on 2.11.17: Special Gazette (No. 351) 17.10.17 p. 1; ss 51, 52 on 1.7.18: s. 2(3) |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017**\n\n| *Assent Date:* | 26.9.17 |\n| *Commencement Date:* | S. 58 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017, No. 63/2017**\n\n| Assent Date: | 19.12.17 |\n| Commencement Date: | S. 21(Sch. 1 item 10) on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Serious Offenders Act 2018, No. 27/2018**\n\n| Assent Date: | 26.6.18 |\n| Commencement Date: | S. 368 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Environment Protection Amendment Act 2018, No. 39/2018** (as amended by No. 11/2020)\n\n| Assent Date: | 28.8.18 |\n| Commencement Date: | S. 58 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019**\n\n| Assent Date: | 26.3.19 |\n| Commencement Date: | S. 38 on 27.3.19: s. 2(1); s. 47 on 8.7.19: Special Gazette (No. 282) 2.7.19 p. 1; ss 48–56 on 1.12.19: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019**\n\n| Assent Date: | 6.11.19 |\n| Commencement Date: | Ss 107–116 on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment Act 2019, No. 49/2019**\n\n| Assent Date: | 3.12.19 |\n| Commencement Date: | Ss 184, 186(Sch. 4 item 45) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 item 104) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Worker Screening Act 2020, No. 34/2020**\n\n| Assent Date: | 4.11.20 |\n| Commencement Date: | Ss 242, 243 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment Act 2020, No. 41/2020**\n\n| Assent Date: | 1.12.20 |\n| Commencement Date: | S. 54 on 2.12.20: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Miscellaneous Amendments Act 2021, No. 30/2021**\n\n| Assent Date: | 10.8.21 |\n| Commencement Date: | S. 97 on 1.3.22: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022**\n\n| Assent Date: | 24.5.22 |\n| Commencement Date: | S. 95 on 1.7.22: Government Gazette 23.6.22 p. 2737 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Victims of Crime (Financial Assistance Scheme) Act 2022, No. 21/2022**\n\n| Assent Date: | 7.6.22 |\n| Commencement Date: | S. 81 on 18.11.24: Special Gazette (No. 610) 12.11.24 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment Act 2023, No. 34/2023**\n\n| Assent Date: | 21.11.23 |\n| Commencement Date: | Ss 65, 70, 127(Sch. 1 item 17) on 22.11.23: s. 2(1); ss 66–69 on 1.10.24: Special Gazette (No. 508) 24.9.24 p. 1; ss 63, 64 on 17.10.24 s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025**\n\n| Assent Date: | 5.8.25 |\n| Commencement Date: | S. 84 on 6.8.25: s. 2(1); ss 82, 83 on 1.1.26: Special Gazette (No. 672) 2.12.25 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment (Vehicle Sharing Scheme Safety and Standards) Act 2025, No. 26/2025**\n\n| Assent Date: | 5.8.25 |\n| Commencement Date: | Ss 7–9 on 18.2.26: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\n**Transport Legislation Amendment Act 2025, No. 56/2025**\n\n| Assent Date: | 9.12.25 |\n| Commencement Date: | Ss 21–31 on 16.3.26: Special Gazette (No. 134) 11.3.26 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Compliance and Miscellaneous) Act 1983** |\n\nSpecial Gazette (No. 26) 6 June 1990 page 1\n\nGovernment Gazette 23 December 1993 page 3416\n\nGovernment Gazette 11 August 1994 page 2225\n\nGovernment Gazette 22 December 1994 page 3444\n\n","sortOrder":305},{"sectionNumber":"3","sectionType":"section","heading":"Explanatory details","content":"3 Explanatory details\n\n1. S. 2(1) def. of ***mandatory marine safety decision***: The amendment proposed by section 137(1)(b)(iv) (*repealed*) of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**, No. 27/2014 is not included in this publication because paragraph (c)(ii) is not part of this definition.\n\n  Section 137(1)(b)(iv) read as follows:\n\n","sortOrder":306},{"sectionNumber":"137","sectionType":"section","heading":"Definitions","content":"  137 Definitions\n\n  (1) In section 2(1) of the **Transport (Compliance and Miscellaneous) Act 1983**—\n\n  (b) in the definition of ***mandatory marine safety decision***—\n\n  (iv) in paragraph (c)(ii), for \"section 228ZZL\" **substitute** \"section 64 of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**\"; [↑](#endnote-ref-2)\n\n2. S. 37A(2) (*repealed*): The amendment proposed by section 117(1) (Schedule 3 item 208.2) of the **Public Administration Act 2004**, No. 108/2004 is not included in this publication due to the earlier repeal of Part 2A (Heading and section 37A) by section 254A of this Act. [↑](#endnote-ref-3)\n\n3. S. 56(3)(f): The amendment proposed by section 186(Schedule 4 item 45.7(d)) of the **Transport Legislation Amendment Act 2019**, No. 49/2019 is not included in this publication due to the earlier amendment of section 56(3)(f) made by section 186(Sch. 4 item 45.7(b)(ii)).\n\n  Schedule 4 item 45.7(d) reads as follows:\n\n  Schedule 4—Consequential amendments to other Acts\n\n  45 Transport (Compliance and Miscellaneous) Act 1983\n\n  45.7 In section 56(3)—\n\n  (d) in paragraph (f), for \"that Corporation\" **substitute** \"the Head, Transport for Victoria\". [↑](#endnote-ref-4)\n\n4. Pt 5 (Heading and ss 82–85) amended by Nos 10220 s. 4(a)–(c), 50/1988 s. 93(2)(Sch. 2 Pt 2 item 59), 52/1988 s. 161(Sch. 6 items 14.2, 14.3), 44/1989 s. 40(Sch. 1 item 2.1), 68/1992 s. 114(Sch. 7 item 4), 85/1992 s. 9(1)(e), 82/1994 s. 13(Sch. 2 item 9), 28/1996 s. 4(j), 59/1996 s. 10(Sch. 2 item 23), 79/1996 s. 58(2), 16/1998 s. 10(2)–(4), 46/1998 s. 7(Sch. 1), repealed by No. 30/2000 s. 13.\n\n  New Pt 5 (Headings and ss 82–85H) inserted by No. 10/2006 s. 4, amended by Nos 4/2008 s. 32(Sch. item 33), 13/2019 s. 92(5) (as amended by No. 6/2010 s. 203(1)(Sch. 6 item 4.5)), 17/2009 ss 28, 29, 6/2010 s. 199(3)(Sch. 3 items 9.1–9.5), 45/2010 s. 56, 65/2010 ss 395, 396 (as amended by No. 78/2011 s. 39), 29/2011 s. 3(Sch. 1 item 98.4), 61/2011 s. 25(Sch. 1 item 13.6), 22/2013 ss 91(1) (as amended by No. 27/2014 s. 157(1)), 92, 27/2014 ss 138–141, 60/2014 s. 140(Sch. 3 item 46.1), 21/2015 s. 3(Sch. 1 item 55.1), 3/2017 s. 50(Sch. 1 item 10.6), 41/2019 ss 109, 110, 49/2019 s. 186(Sch. 4 item 45.9), 34/2023 s. 127(Sch. 1 items 17.2, 17.3), repealed by No. 25/2025 s. 83. [↑](#endnote-ref-5)\n\n5. S. 86 amended by Nos 10087 s. 3(1)(Sch. 1 item 275), 10220 ss 5(1)(a), 11(1), 13(7)(a), 127/1986 s. 102(Sch. 4 item 28.2), 44/1989 s. 24(a)–(c), 79/1991 ss 3(1), 4(1), 120/1993 s. 5(a)–(d), 17/1995 s. 3, 58/1995 s. 19, 106/1997 ss 4, 21(2), 22(2), 46/1998 s. 7(Sch. 1), 99/1998 s. 3, 6/1999 s. 9, 45/1999 s. 22, 30/2000 s. 14, 74/2000 s. 3(Sch. 1 item 130), 44/2001 s. 3(Sch. item 115.1), 61/2001 s. 16(3), 32/2002 s. 6, 35/2002 s. 28(Sch. item 7), 77/2005 s. 8(5), 47/2006 ss 8 (as amended by No. 71/2006 s. 21), 31(1)(Sch. 1 Pt 1 item 1(2)), 71/2006 s. 16, 30/2007 s. 227, 58/2007 s. 55, 69/2007 s. 40(2), 85/2008 s. 3, 13/2009 s. 94 (as amended by No. 6/2010 s. 203(1)(Sch. 6 item 4.5)), 91/2009 s. 219(Sch. 3 item 5), 93/2009 s. 49(4)(a), 19/2010 ss 17, 67, 29/2011 s. 3(Sch. 1 item 98.5), 34/2011 s. 9, 49/2011 s. 8, 61/2011 s. 25(Sch. 1 item 13.6), 43/2013 ss 3, 23, 35/2014 ss 34, 43, 47/2016 s. 46(1), 35/2017 s. 21, 63/2017 s. 21(Sch. 1 items 10.2–10.4), 27/2018 s. 368, 41/2019 s. 111, 34/2020 s. 242, repealed by No. 34/2023 s. 67. [↑](#endnote-ref-6)\n\n6. Pt 6 Div. 3 (Heading and ss 103–129Y) (*repealed*): The proposed repeal of sections 125 and 129R(3) by section 44 of the **Transport Legislation (Further Miscellaneous Amendments) Act 2005**, No. 95/2005 (*repealed*) is not included in this publication due to the earlier repeal of sections 125 and 129R(3) by section 119 of the **Rail Safety Act 2006**, No. 9/2006. [↑](#endnote-ref-7)\n\n7. Pt 6 Div. 4: Pt 6 Div. 4 (Heading and ss 119–137) amended by Nos 10087 s. 3(1)(Sch. 1 item 277), 100/1986 s. 8, 127/1986 s. 102(Sch. 4 item 28.5), 44/1989 ss 39(1)(b), 40(Sch. 1 item 6.2), repealed by No. 120/1993 s. 8(1), new Pt 6 Div. 4 (Heading and ss 130, 131) inserted by No. 60/1994 s. 13, amended by Nos 17/1995 s. 19(1), 28/1996 s. 4(j), repealed by No. 47/2006 s. 31(2)(Sch. 1 Pt 2 item 45), new Pt 6 Div. 4 (Heading and ss 130–137E) inserted by No. 71/2006 s. 3 (as amended by No. 69/2007 ss 77–82), amended by Nos 71/2006 s. 19, 85/2008 ss 4‒8, 68/2009 s. 97(Sch. items 124.1‒124.6), 93/2009 s. 49(4)(b)(c), 19/2010 ss 18‒26, 68, 34/2011 ss 11‒14, 20/2012 s. 226(Sch. 5 item 23), 9/2013 s. 42(Sch. 2 item 18), 35/2014 ss 4‒27, 46(2)(3), 37/2014 s. 10(Sch. item 171.2), 49/2014 s. 61(1), 55/2014 s. 153(1), 47/2016 s. 46(2), 35/2017 s. 35(2)(3), 36‒43, repealed by No. 63/2017 s. 21(Sch. 1 item 10.7). [↑](#endnote-ref-8)\n\n8. Pt 6 Div. 6 (Heading and ss 163–166) amended by Nos 100/1986 s. 20, 44/1989 s. 40(Sch. 1 item 6.2), 120/1993 ss 32, 33, 60/1994 s. 20, 37/1996 s. 9(7)–(9), repealed by No. 106/1997 s. 21(1), new Pt 6 Div. 6 (Heading and ss 163–169Z) inserted by No. 47/2006 s. 14 (as amended by No. 71/2006 ss 22–24), amended by Nos 69/2007 ss 13–21, 85/2008 ss 9–15, 13/2009 s. 95 (as amended by Nos 6/2010 s. 203(1)(Sch. 6 item 4.5), 19/2010 s. 64), 68/2009 s. 97(Sch. items 124.10–124.14), 19/2010 ss 29–34, 34/2011 ss 22–51, 123, 49/2011 ss 9–14, 61/2011 s. 23(5), 61/2012 ss 19, 20, 35/2014 ss 31–33, 44, 37/2014 s. 10(Sch. item 171.2), 49/2014 s. 61(2), 55/2014 s. 153(2), 21/2015 s. 3(Sch. 1 item 55.2), 35/2017 ss 56–60, 63/2017 s. 21(Sch. 1 items 10.9–10.20), 41/2019 s. 112, 34/2020 s. 243, repealed by No. 34/2023 s. 69. [↑](#endnote-ref-9)\n\n9. Pt 6 Div. 8 (Heading and ss 171–185) amended by Nos 10087 s. 3(1)(Sch. 1 items 278–280), 10220 ss 6–10, 100/1986 ss 22–25, 26(1)(2) (as amended by No. 44/1989 s. 39(2)(b)), 27–30, 31(a) (as amended by No. 44/1989 s. 39(2)(c)) (b)–(e), 127/1986 s. 102(Sch. 4 items 28.10, 28.11), 44/1989 ss 39(1)(e), 40(Sch. 1 items 3.2, 6.2, 13), 57/1989 s. 3(Sch. items 202.6, 202.7), 120/1993 ss 34–46, 60/1994 s. 21, 17/1995 ss 4–18, 21(1), 100/1995 s. 62, 28/1996 s. 16(1)(c), 106/1997 ss 6–20, 52/1998 s. 311(Sch. 1 items 96.16–96.26), 99/1998 s. 15(1), 102/1998 s. 39–41, 32/2002 ss 15–19, 34/2003 ss 9, 10, 13(d), 110/2004 s. 52, 95/2005 s. 36, 47/2006 s. 31(Sch. 1 Pt 1 item 9), 74/2007 ss 82–84, repealed by No. 30/2007 s. 231. [↑](#endnote-ref-10)\n\n10. S. 213 (*repealed*): The amendment proposed by Schedule 4 item 28.16(c) (*repealed*) of the **Road Safety Act 1986**, No. 127/1986 is not included in this publication because section 213 was substituted by section 42 of the **Crimes Legislation (Miscellaneous Amendments) Act 1989**, No. 25/1989 prior to this amendment coming into operation. [↑](#endnote-ref-11)\n\n11. S. 215B(1) (*repealed*): The amendment proposed by section 10(Schedule item 171.5) of the **Victoria Police Amendment (Consequential and Other Matters) Act 2014**, No. 37/2014 (*repealed*) is not included in this publication due to the earlier repeal of Division 2A of Part 7 by section 142 of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**, No. 27/2014.\n\n  Schedule item 171.5 read as follows:\n\n  171.5 In sections 212(1)(a) and (1B)(a), 214A, 215(2)(ba) and 215B(1), for \"member of the police force\" **substitute** \"police officer\". [↑](#endnote-ref-12)\n\n12.  S. 221: The amendments proposed by section 31(1)(Schedule 1 Part 1 item 15(a)(b)) of the **Transport Legislation (Further Amendment) Act 2006, No. 47/2006** (as amended by No. 71/2006) (*repealed*) are not included in this publication due to the earlier repeal of section 221(1A) and (1B) by section 24 of the **Transport Legislation (Further Miscellaneous Amendments) Act 2005**, No. 95/2005.\n\n","sortOrder":307},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Part 1 item 15(a)(b) read as follows:","content":"  Schedule 1 Part 1 item 15(a)(b) read as follows:\n\n","sortOrder":308},{"sectionNumber":"15","sectionType":"section","heading":"Information not to be disclosed","content":"  15 Information not to be disclosed\n\n  In section 221 of the **Transport Act 1983**—\n\n  (a) in sub-section (1A) **omit** \"the Secretary or\";\n\n  (b) in sub-section (1B) **omit** \"the Secretary or\"; [↑](#endnote-ref-13)\n\n13. Pt 7 Div. 4B (Heading and ss 228S–228ZZS) (*repealed*): The amendment proposed by section 10(Schedule item 171.18) of the **Victoria Police Amendment (Consequential and Other Matters) Act 2014**, No. 37/2014 (*repealed*) is not included in this publication due to the earlier repeal of Division 4B of Part 7 by section 144 of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**, No. 27/2014.\n\n  Schedule item 171.18 read as follows:\n\n  171.18 In sections 228ZNA(1), 228ZZPA(1A), 229(1), (1A)(a) and (b) and (1B)(b) and 229A(4)(b), for \"member of the police force\" **substitute** \"police officer\". [↑](#endnote-ref-14)\n\n14. S. 229A(4)(b) (*repealed*): The amendment proposed by section 10(Schedule item 171.18) of the **Victoria Police Amendment (Consequential and Other Matters) Act 2014**, No. 37/2014 (*repealed*) is not included in this publication due to the earlier repeal of section 229A by section 145 of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**, No. 27/2014.\n\n  Schedule item 171.18 read as follows:\n\n  171.18 In sections 228ZNA(1), 228ZZPA(1A), 229(1), (1A)(a) and (b) and (1B)(b) and 229A(4)(b), for \"member of the police force\" **substitute** \"police officer\". [↑](#endnote-ref-15)\n\n15. Ss 234–242:\n\n  S. 234 repealed by No. 100/1986 s. 3(22), new s. 234 inserted by No. 44/1989 s. 29, repealed by No. 85/1992 s. 9(1)(f).\n\n  Ss 235–237 repealed by No. 100/1986 s. 3(22).\n\n  S. 238 amended by No. 10087 s. 3(1)(Sch. 1 item 288), repealed by No. 100/1986 s. 3(22).\n\n  S. 239 substituted by No. 44/1989 s. 30, repealed by No. 85/1992 s. 9(1)(f).\n\n  S. 240 substituted by No. 44/1989 s. 31, repealed by No. 85/1992 s. 9(1)(f).\n\n  S. 241 amended by No. 44/1989 s. 32(a)(b), repealed by No. 120/1993 s. 70(1).\n\n  S. 242 repealed by No. 44/1989 s. 33. [↑](#endnote-ref-16)\n\n16. Schs 11, 12:\n\n  Sch. 11 repealed by No. 10087 s. 4(1)(Sch. 2).\n\n  Sch. 12 amended by Nos 10049 s. 6, 10087 s. 3(1)(Sch. 1 items 294–304), repealed by No. 10087 s. 4(1)(Sch. 2). [↑](#endnote-ref-17)\n\n17. Table of Amendments (**Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014**): The amendment to section 212AA(5) proposed by section 46(4) of the **Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014**, No. 35/2014  (*repealed*) is not included in this publication as section 212AA was not part of this Act when section 46(4) came into operation.\n\n  Section 46(4) read as follows:\n\n","sortOrder":309},{"sectionNumber":"46","sectionType":"section","heading":"Statute law revision","content":"  46 Statute law revision\n\n  (4) In section 212AA(5) of the Principal Act, for \"pay\" **substitute** \"to pay\". [↑](#endnote-ref-18)","sortOrder":310}],"analysis":{"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"The Act has expanded far beyond its original 1983 purpose of consolidating transport law (railways, roads, tramways). It now includes: regulation of vehicle sharing schemes (e-scooters, bikes), port safety enforcement, comprehensive accreditation systems for transport companies, detailed ticket and fare regulations, and extensive powers for protective services officers. The original core was about public transport operators and road management; the 2025 additions on vehicle sharing schemes and the 2009 port enforcement provisions are significant expansions into new sectors."},"complexity_factors":["Length: over 400 pages and 230+ sections plus schedules and endnotes","Huge number of defined terms (over 60 in section 2 alone, many cross-referencing other Acts)","Extensive cross-references: within the Act and to over 20 other Victorian Acts (e.g., Transport Integration Act, Road Safety Act, Criminal Procedure Act)","Nested conditional logic: many provisions have multiple sub-sections, exceptions, and qualifications (e.g., section 10 priority of passenger services has 7 subsections with cross-references)","Multiple layers of delegation and authorisation (Secretary, Head, licensing authority, authorised officers) with varying powers","Many parts have been repealed and reinserted over time (e.g., Part VI Divisions 2-9 were replaced multiple times)","Numerous transitional and savings provisions (Divisions 1A-17 in Part VIII) that validate past actions and grandfather old rules","Penalty structures vary: penalty units, imprisonment, and different amounts for natural persons vs bodies corporate","Regulations can modify many provisions, adding another layer of complexity","Extensive evidentiary presumptions and certificate-based proof (sections 230AB-230AH)"],"plain_english_summary":"This is the main Victorian law for running and regulating public transport, roads, and related services. It sets out who is in charge, what they can do, and how they enforce the rules. Here's what it does mechanically:\n\n- **Who's in charge**: The Minister, the Department of Transport and Planning, the Secretary, and the 'Head, Transport for Victoria' have various powers to manage transport services, make regulations, and give directions. Parts I and II cover these roles.\n- **Rail and roads**: The Act gives special powers to Rail Track (the body that owns the rail network) to acquire land and control development near the underground rail loop (Part III). It also has a section on regulations for roads – things like stopping vehicles, weight limits, and trespass (Part III and Part VIII).\n- **Events**: If you're organising a large event (like a concert or a festival) that might disrupt trams, trains, or buses, you have to notify the transport authorities and possibly submit a 'public transport plan' showing how you'll manage the impact. If you don't, they can charge you for the extra costs (Part VI, Division 10).\n- **Vehicle sharing schemes**: New rules (Part VIA, added in 2025) for shared e-scooters and bikes. Operators must get approval from the Secretary, meet safety standards, and enter agreements with local councils. The Act sets out offences for running an unapproved scheme or making vehicles available without a proper agreement.\n- **Enforcement and ticket rules**: The Act creates a system of 'authorised officers' (like ticket inspectors) who can issue fines for fare evasion, trespass, and other transport offences (Part VII). It also allows police and protective services officers to arrest people, remove them from transport property, and require them to give their name and address.\n- **Safety offences**: There are specific offences for dangerous behaviour - crossing rail tracks with an oversized vehicle, putting things on tracks, interfering with trains or trams, and assaulting officers (Division 4AAA).\n- **Accreditation**: Companies that employ authorised officers need to be accredited (Part VII, Division 4A). This ensures they have proper training and systems in place.\n- **Port of Melbourne**: Extra enforcement powers for port safety officers to inspect vessels and premises for safety breaches (Part VIIA).\n- **Transitional and miscellaneous**: The Act has many pages of transitional provisions that deal with past changes - for example, when the Public Transport Corporation was abolished, or when new rules for taxis and hire cars came in. These mostly save or validate things done under earlier versions of the law.\n\nIn short, this is the rulebook for how Victoria's public transport system is run and enforced - from daily ticket checks to managing major events and new sharing services. It affects anyone who uses public transport, drives a truck or heavy vehicle near rail lines, or organises a big event in the city."},"kimi_summary":{"_metrics":{"completionTokens":793},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown far beyond its original 1983 scope as a 'compliance and miscellaneous' transport Act. It now encompasses: port safety enforcement (added 2009), rail safety offences (2006), vehicle sharing schemes (2025), event management for public transport (2004), and extensive validation of historical enforcement actions. What began as a relatively focused administrative statute has become a comprehensive transport enforcement and regulatory code covering road, rail, port and new mobility services."},"complexity_factors":["230+ versions/amendments over 42 years creating layered, sometimes inconsistent provisions","Extensive cross-referencing to other Acts (Rail Management Act, Transport Integration Act, Bus Safety Act, Road Safety Act, etc.)","Multiple overlapping enforcement regimes: authorised officers, protective services officers, police officers, port safety officers, transport safety officers","Complex transitional provisions validating historical appointments and actions dating back to 1983","Nested definitions and conditional logic throughout (e.g., 'authorised officer' has different meanings in different contexts)","Substantial repealed and spent provisions still visible in the text, creating navigation difficulties","Detailed procedural requirements for approvals, renewals, reviews with multiple time limits and conditions","Division 1B alone contains 35+ validation sections with intricate historical date ranges and deeming provisions"],"plain_english_summary":"This is a major Victorian transport law that has been amended over 230 times since 1983. It covers a sprawling range of transport-related matters including:\n\n**What it does:**\n- **Public transport enforcement**: Creates powers for \"authorised officers\" (ticket inspectors) to check tickets, request names and addresses, arrest suspected offenders, and remove people from trains, trams and buses. Includes detailed rules about infringement notices for fare evasion.\n- **Vehicle sharing schemes**: New Part VIA (added in 2025) regulates electric scooter and bike sharing schemes, requiring operators to get Secretary approval, meet safety standards, and have agreements with local councils.\n- **Rail and road safety**: Contains offences for dangerous behaviour around railways — crossing tracks with oversized vehicles without permits, putting things on tracks, animals on tracks, interfering with rail equipment, and trespassing on rail premises.\n- **Port of Melbourne enforcement**: Part VIIA gives \"port safety officers\" powers to enter and inspect vessels and premises, seize goods, and issue infringement notices for hazardous port activities.\n- **Events affecting public transport**: Requires organisers of large events (10,000+ people) to notify the Head of Transport for Victoria and potentially submit public transport plans showing how they'll manage impacts on regular services.\n- **Train driver support**: Provides $1,300 financial assistance to train drivers involved in fatal incidents (where someone is struck by a train), provided the driver wasn't under the influence of drugs or alcohol.\n- **Administrative machinery**: Extensive provisions about authorising enforcement officers, accreditation of passenger transport companies, internal reviews and appeals to VCAT.\n\n**Who it affects:**\n- Passengers using public transport (ticketing rules, offences for fare evasion)\n- Public transport operators (trains, trams, buses) and their employees\n- Event organisers whose events affect public transport\n- Electric scooter and bike sharing companies\n- Port operators and vessel masters in the Port of Melbourne\n- Anyone near railway tracks or infrastructure\n\n**Why it matters:**\nThis is essentially Victoria's \"transport rulebook\" — it establishes the legal framework for how public transport is policed, how new transport services like e-scooters are regulated, and how major events must coordinate with transport authorities. It contains significant enforcement powers including arrest without warrant, removal from vehicles, and substantial penalties (up to 300 penalty units for corporations, 6 months imprisonment for some offences)."},"summary":{"name":"Transport (Compliance and Miscellaneous) Act 1983","slug":"transport-compliance-and-miscellaneous-act-1983","title_id":"transport-compliance-and-miscellaneous-act-1983","version_id":178778,"analysis_type":"summary","content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"Complete in-force Victorian Act incorporating amendments as at 16 March 2026. Eight active Parts plus historical transitional material. Covers administration, enforcement, compliance, safety offences, Port of Melbourne powers, and prosecutions."},"complexity_factors":["Extensively amended over 40+ years with many repealed and substituted provisions","Large and dense definitional structure cross-referencing multiple other Acts","Multiple enforcement regimes (infringement notices, inspections, arrest powers, accreditation)","Interaction with Transport Integration Act 2010, Bus Safety Act 2009, Rail Safety National Law, Commercial Passenger Vehicle Industry Act 2017 and many others","Historical transitional provisions from multiple restructurings of Victorian public transport","622k chars; whole document reviewed"],"plain_english_summary":"The Transport (Compliance and Miscellaneous) Act 1983 (Vic) is a large and extensively amended Victorian Act that provides the administrative, enforcement and compliance framework for Victoria's public transport system. Originally enacted in 1983 as the Transport Act 1983, the Act has been substantially amended over more than 40 years and has been renamed and restructured many times. It currently operates as the principal enforcement and compliance statute for Victorian public transport.\n\nThe Act covers nine main areas. Part I contains definitions, which are extensive and cross-reference many other transport statutes. Part II addresses administration including the Department of Transport and Planning, passenger service priorities, and financial assistance for train drivers following fatal incidents. Part III covers special powers of the Rail Track corporation in relation to the Melbourne underground loop. Part IV deals with borrowing powers. Part VI contains provisions about events affecting public transport (requiring event organisers to prepare public transport plans) and vehicle sharing schemes (e-bikes, e-scooters and similar). Part VII is the most substantial and covers the full range of transport enforcement: ticket infringements, vehicle inspections, powers to require names and addresses, arrest powers, offences relating to use of public transport services, accreditation of authorised officers, transport safety offences (including overdimensional vehicles crossing tracks, animals on tracks, dangerous conduct on rail), Port of Melbourne entry and search powers, and prosecution procedures. Part VIII contains transitional and historical provisions.\n\nKnown in practice as the transport compliance statute, it is the source of the infringement notice regime for train, tram and bus ticket offences and of the powers exercised by authorised officers (including PSOs, transit police and contracted inspectors) to enforce transport rules across Victoria."}},"importantCases":[],"_links":{"self":"/api/acts/transport-compliance-and-miscellaneous-act-1983","history":"/api/acts/transport-compliance-and-miscellaneous-act-1983/history","analysis":"/api/acts/transport-compliance-and-miscellaneous-act-1983/analysis","conflicts":"/api/acts/transport-compliance-and-miscellaneous-act-1983/conflicts","importantCases":"/api/acts/transport-compliance-and-miscellaneous-act-1983/important-cases","documents":"/api/acts/transport-compliance-and-miscellaneous-act-1983/documents"}}