{"id":"transport-integration-act-2010","name":"Transport Integration Act 2010","slug":"transport-integration-act-2010","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177940,"registerId":"vic-transport-integration-act-2010-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"64J","sectionType":"section","heading":"Grant of unalienated Crown land 98","content":"64J Grant of unalienated Crown land 98\n\n64JA Obligations of Head, Transport for Victoria in relation to Yarra River land 99\n\n64JB Obligations of Head, Transport for Victoria in relation to declared areas 100\n\n64JC Disposal of assets in exchange for lease 101\n\n64JD Surplus land 101\n\n64K Acquisition of land or interest in land to achieve environmental sustainability 103\n\n64L Powers to enter land for investigative purposes 103\n\n64M Power to enter building 105\n\n64N Powers to enter land to construct or maintain works 106\n\n64O Financial accommodation 107\n\n64P Power of Treasurer to execute guarantee 108\n\n64PA Performance reports 110\n\n64PB Financial reports 110\n\n64Q Extra-territoriality 111\n\n64R Delegation by the Head, Transport for Victoria 111\n\n64S Contingency planning for exercise of certain powers 112\n\n64SA Reports to Minister and Secretary 112\n\n64T Directions from Minister and Secretary 113\n\n64V Delegations giving rise to conflict and effect 113\n\nPart 4B—Transport Restructuring Orders and Transfer Orders 115\n\nDivision 1—Transport Restructuring Orders 115\n\n65 Purpose of Division 115\n\n65AA Effect of Transport Restructuring Order 115\n\n65A Transport Restructuring Orders—general provisions 115\n\n65B Limitations on power of Minister to recommend the making of a Transport Restructuring Order 118\n\n65C Transport Restructuring Order may confer additional duty, function or power on the Secretary 119\n\n65D Transport Restructuring Order may confer additional duty, function or power on a sector transport agency 120\n\n65DA Imposition and conferral of specific duties, functions and powers to support and assist in giving effect to Transport Restructuring Order 120\n\n65E Transport Restructuring Order may constitute a new sector transport agency 122\n\n65F Effect of conferral of duties, functions or powers 123\n\n65G Transitional regulations 125\n\nDivision 2—Transfer Orders 125\n\n66 Application of Division 125\n\n66A Definitions 126\n\n66B Transfer Orders 127\n\n66C Property, rights and liabilities transferred in accordance with Transfer Order 128\n\n66D Transfer subject to encumbrances 129\n\n66E Substitution of party to agreement 129\n\n66F Transferor transport body instruments 129\n\n66G Proceedings 130\n\n66H Interests in land 130\n\n66I Easements 130\n\n66J Action by Registrar of Titles 131\n\n66K Taxes 131\n\n66L Evidence 131\n\n66M Certificate of chief executive officer of transferor transport body 132\n\n66MA Certificate of chief executive of recipient transport body 133\n\n66N Transfer of employees 135\n\n66O Validity of things done under this Division 136\n\nPart 5—Safe Transport Victoria 138\n\n115A Definitions 138\n\n115B Safe Transport Victoria 138\n\n115C Official seal 138\n\n115D Safe Transport Victoria represents the Crown 139\n\n115E Objects of Safe Transport Victoria 139\n\n115F Functions of Safe Transport Victoria 139\n\n115G Powers of Safe Transport Victoria 143\n\n115H Chief Executive 145\n\n115I Acting Chief Executive 145\n\n115J Ceases to hold office 146\n\n115K Suspension of Chief Executive 146\n\n115L Removal from office 147\n\n115M Validity of acts and decisions 147\n\n115N Extra-territoriality 148\n\n115O Staff of Safe Transport Victoria 148\n\n115P Personal liability 148\n\n115Q Directions 148\n\n115R Ministerial direction to investigate safety matter 149\n\n115S Safe Transport Victoria to conduct cost-benefit analysis of and consult about mandatory transport safety decisions 150\n\n115T Guidelines 151\n\n115U Information disclosure by Safe Transport Victoria 151\n\n115V Delegation 152\n\n115W Delegation of functions by National Regulator 153\n\nPart 6—Transport Corporations 154\n\nDivision 1—Victorian Rail Track 154\n\n116 Victorian Rail Track 154\n\n117 Trading name 154\n\n118 Victorian Rail Track not to represent the Crown 154\n\n119 Object of Victorian Rail Track 154\n\n120 Functions of Victorian Rail Track 155\n\n121 Compulsory acquisition of land 157\n\n122 Easements 158\n\n123 Victorian Rail Track may use Crown lands reserved under Crown Land (Reserves) Act 1978 159\n\n124 Grant of unalienated Crown land 161\n\n125 Land 161\n\n125A Victorian Rail Track powers to lease reserved and unreserved Crown land for up to 99 years 164\n\n126 Powers to enter land to construct or maintain works 164\n\n127 Obligations of Victorian Rail Track in relation to Yarra River land 166\n\n127A Obligations of Victorian Rail Track in relation to declared areas 167\n\n127B Obligations of Victorian Rail Track in relation to the Great Ocean Road region 168\n\nDivision 2—V/Line Corporation 168\n\n128 V/Line Corporation 168\n\n129 Trading name 169\n\n130 V/Line Corporation not to represent the Crown 169\n\n131 Object of V/Line Corporation 169\n\n132 Functions of V/Line Corporation 170\n\n133 Contingency planning for exercise of certain powers 172\n\nDivision 3—Ports Victoria 173\n\n133A Definitions 173\n\n133B Ports Victoria 173\n\n133C Ports Victoria not to represent the Crown 173\n\n133D Object of Ports Victoria 174\n\n133E Functions of Ports Victoria 174\n\n133F Public interest functions of Ports Victoria 178\n\n133G Ports Victoria may provide services for fee or charge 179\n\nDivision 3C—Port of Hastings Corporation 181\n\n141Q Establishment of Port of Hastings Corporation 181\n\n141R Port of Hastings Corporation not to represent the Crown 181\n\n141S Object of Port of Hastings Corporation 182\n\n141T Functions of Port of Hastings Corporation 183\n\n141U Acquisition or disposal of land by Port of Hastings Corporation to be subject to consultation with the Secretary and approval by Minister 185\n\n141V Public interest functions 185\n\nDivision 4—Provisions applying to Transport Corporations 186\n\nSubdivision 1—Nature of Transport Corporations 186\n\n142 Transport Corporation is a body corporate 186\n\nSubdivision 2—Constitution of Transport Corporations other than V/Line Corporation 187\n\n142A Application 187\n\n143 Board of directors 187\n\n144 Constitution of board of directors 188\n\n145 Appointment of directors 188\n\n146 Acting appointments 188\n\n147 Chief executive officer and other employees 190\n\n148 Vacancies, resignations, removal from office 192\n\n149 Validity of acts or decisions 193\n\n150 Proceedings of board of directors 193\n\n151 Resolutions without meetings 194\n\nSubdivision 3—Constitution of V/Line Corporation 195\n\n151A Chief executive officer of V/Line Corporation 195\n\n151B Acting chief executive officer of V/Line Corporation 196\n\n151C Validity of acts or decisions of V/Line Corporation 197\n\nSubdivision 4—Employment powers of V/Line Corporation 197\n\n151D Employment of staff 197\n\nSubdivision 5—Powers 198\n\n152 Powers of a Transport Corporation 198\n\n153 Certain powers not affected 200\n\n154 Borrowing and investment by a Transport Corporation 200\n\n155 Transport Corporation not to make loans to directors 200\n\n156 Extra-territoriality 201\n\n157 Indemnity 201\n\nSubdivision 6—General 201\n\n158 Determination of initial capital 201\n\n159 Capital 203\n\n160 Repayment of capital 204\n\n161 Dividends 204\n\n162 Reports to Minister or Treasurer 205\n\n163 Directions 205\n\n164 Annual report 205\n\n165 Corporate plan 206\n\n167 Corporate plan to be followed 210\n\n168 Nothing void merely because of non-compliance 210\n\n169 Board of directors to give notice of significant events 210\n\n170 Delegation by a Transport Corporation 211\n\nPart 7—Chief Investigator, Transport Safety 213\n\n178B Definitions 214\n\n179 Chief Investigator, Transport Safety 214\n\n180 Object of the Chief Investigator, Transport Safety 215\n\n181 Functions of the Chief Investigator, Transport Safety 215\n\n181A Independence of Chief Investigator, Transport Safety 216\n\n182 Power to investigate 217\n\n182A Arrangements with Australian Transport Safety Bureau 217\n\n183 Delegation by the Chief Investigator, Transport Safety 217\n\n184 Appointment of Chief Investigator, Transport Safety 219\n\n185 Acting appointment of Chief Investigator, Transport Safety 220\n\n186 When the Chief Investigator, Transport Safety ceases to hold office 221\n\n187 Resignation 222\n\n187A Suspension 222\n\n188 Removal from office 223\n\n189 Validity of acts and decisions 224\n\n190 Immunity 224\n\n191 Ministerial direction to investigate transport safety matter 225\n\n192 Employment of persons 226\n\n193 General powers of Chief Investigator, Transport Safety 226\n\n195 Extra-territoriality 228\n\n196 Memoranda of understanding 228\n\n197 Power to give advice on compliance 229\n\n197AA Exemption from Freedom of Information Act 1982 229\n\nPart 7A—Conflict between decisions of regulators 231\n\n197A Definitions 231\n\n197B Resolution of conflict by regulators 232\n\n197C Determination by the Minister or Ministers 233\n\n197D Regulators subject to guidelines and directions 234\n\n197E Guidelines 234\n\nPart 8—General 235\n\nDivision 1—Regulations 235\n\n198 Regulations 235\n\nDivision 2—Miscellaneous 236\n\n199 Transport Act 1983 236\n\n200 Rail Corporations Act 1996 237\n\n201 Marine Act 1988 238\n\n201A Transitional provision on amendment of Port Services Act 1995 238\n\n201B Transfer of staff from Port of Hastings Corporation to Port of Melbourne Corporation 239\n\n201C Substitution of parties to channel operating agreement in respect of port of Hastings waters 241\n\n201D Substitution of parties to channel operating agreement—Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011 243\n\n202 Repeal of Southern and Eastern Integrated Transport Authority Act 2003 244\n\n203 Consequential amendments to other Acts 244\n\n203A Saving and transitionals—Transport Legislation Amendment (Public Transport Development Authority) Act 2011 245\n\n203B Saving and transitionals—Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017 246\n\nPart 9—Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011 248\n\nDivision 1—Transfer of property and staff to the Port of Hastings Development Authority 248\n\n207 Definitions—Division 1 248\n\n208 Minister may direct transfer of Port of Melbourne Corporation property to Port of Hastings Development Authority 249\n\n209 Property transferred in accordance with direction—Port of Hastings Development Authority 251\n\n210 Allocation of property etc. subject to encumbrances—Port of Hastings Development Authority 251\n\n211 Certificate of chief executive officer—Port of Hastings Development Authority 252\n\n212 Value of transferred property—Port of Hastings Development Authority 253\n\n213 Substitution of party to agreement—Port of Hastings Development Authority 253\n\n214 Former Port of Melbourne Corporation instruments—Port of Hastings Development Authority 254\n\n215 Proceedings—Port of Hastings Development Authority 254\n\n216 Interests in land—Port of Hastings Development Authority 254\n\n217 Easements—Port of Hastings Development Authority 255\n\n218 Amendment of Register—Port of Hastings Development Authority 255\n\n219 Taxes—Port of Hastings Development Authority 256\n\n220 Evidence—Port of Hastings Development Authority 256\n\n221 Validity of things done under this Division 256\n\n222 Minister may direct Port of Melbourne Corporation to lease land to Port of Hastings Development Authority 257\n\n223 Transfer of staff from Port of Melbourne Corporation to Port of Hastings Development Authority 258\n\nDivision 2—Transfer of property to Victorian Regional Channels Authority 260\n\n224 Definitions—Division 2 260\n\n225 Minister may direct transfer of Port of Melbourne Corporation property to Victorian Regional Channels Authority 261\n\n226 Property transferred in accordance with direction—Victorian Regional Channels Authority 263\n\n227 Allocation of property etc. subject to encumbrances—Victorian Regional Channels Authority 263\n\n228 Certificate of chief executive officer—Victorian Regional Channels Authority 264\n\n229 Value of transferred property—Victorian Regional Channels Authority 265\n\n230 Substitution of party to agreement—Victorian Regional Channels Authority 265\n\n231 Former Port of Melbourne Corporation instruments—Victorian Regional Channels Authority 266\n\n232 Proceedings—Victorian Regional Channels Authority 266\n\n233 Interests in land—Victorian Regional Channels Authority 266\n\n234 Easements—Victorian Regional Channels Authority 267\n\n235 Amendment of Register—Victorian Regional Channels Authority 267\n\n236 Taxes—Victorian Regional Channels Authority 267\n\n237 Evidence—Victorian Regional Channels Authority 268\n\n238 Validity of things done under this Division 268\n\n239 Minister may direct Port of Melbourne Corporation to lease land to Victorian Regional Channels Authority 269\n\nPart 10—Transport Legislation Amendment (Public Transport Development Authority) Act 2011 270\n\nDivision 1—Preliminary 270\n\n240 Purpose of Part 270\n\n241 Definitions 270\n\nDivision 2—Transfer of property, rights and liabilities and staff 273\n\n242 Minister may direct transfer of Director of Public Transport property, rights and liabilities held on behalf of the Crown 273\n\n243 Minister may direct transfer of Public Transport Ticketing Body property, rights and liabilities 275\n\n244 Minister may direct transfer of Victorian Rail Track property, rights and liabilities 277\n\n245 Minister may direct transfer of V/Line Corporation property, rights and liabilities 278\n\n246 Transfer of Metlink property, rights and liabilities 280\n\n247 Minister may direct transfer of Secretary property, rights and liabilities held on behalf of the Crown 281\n\n248 Property, rights and liabilities allocated in accordance with direction 283\n\n249 Allocation of property and rights subject to encumbrances 283\n\n250 Certificate of chief executive officer 283\n\n251 Certificate of Secretary—Metlink property, rights or liabilities 284\n\n252 Value of allocated property, rights or liabilities 285\n\n253 Substitution of party to agreement 285\n\n254 Former relevant transferor instruments 286\n\n255 Proceedings 286\n\n256 Interests in land 286\n\n257 Easements 287\n\n258 Amendment of Register 287\n\n259 Taxes 288\n\n260 Evidence 288\n\n261 Transfer of employees of Public Transport Ticketing Body to the Public Transport Development Authority 288\n\n262 Transfer of employees of Metlink to the Public Transport Development Authority 290\n\n263 Validity of things done under this Part 292\n\nDivision 3—Administrator of the Public Transport Ticketing Body 293\n\n264 Provisions to prevail 293\n\n265 The Administrator 293\n\n266 Vacancy, resignation or removal from office 294\n\n267 Functions and powers 294\n\n268 Staff 294\n\n269 Delegation 295\n\n270 Directions 295\n\n271 Effect of appointment of Administrator 295\n\nDivision 4—Dissolution of the Public Transport Ticketing Body 296\n\n272 Dissolution of the Public Transport Ticketing Body 296\n\nPart 11—Transfer to V/Line Corporation 298\n\nDivision 1—Preliminary 298\n\n273 Purpose of Part 298\n\n274 Definitions 298\n\nDivision 2—Transfer of property, rights and liabilities and staff 300\n\n275 Transfer of V/Line Pty Ltd property, rights and liabilities 300\n\n276 Property, rights and liabilities allocated in accordance with statement 302\n\n277 Allocation of property and rights subject to encumbrances 302\n\n278 Certificate of Secretary 302\n\n279 Register of certificates 303\n\n280 Value of allocated property, rights or liabilities 303\n\n281 Substitution of party to agreement 304\n\n282 Former V/Line Pty Ltd instruments 304\n\n283 Proceedings 304\n\n284 Interests in land 305\n\n285 Easements 305\n\n286 Amendment of Register 305\n\n287 Taxes 306\n\n288 Evidence 306\n\n289 Transfer of employees of V/Line Pty Ltd to V/Line Corporation 306\n\n290 Validity of things done under this Part 308\n\nDivision 3—General 309\n\n291 Emergency Management Act 2013 309\n\n292 Rail Safety National Law Application Act 2013 310\n\n293 Rail Management Act 1996 310\n\nPart 12—Transport Legislation Amendment Act 2019 312\n\nDivision 1—Preliminary 312\n\n294 Definitions 312\n\n295 Application of Interpretation of Legislation Act 1984 313\n\nDivision 2—Head, Transport for Victoria 314\n\n296 Head, Transport for Victoria—transfer of property, rights and liabilities 314\n\n297 Things done by former Head, Transport for Victoria 314\n\n298 Things commenced but not completed by former Head, Transport for Victoria 314\n\nDivision 3—Transport Infrastructure Development Agent 315\n\n299 Transport Infrastructure Development Agent abolished 315\n\nDivision 4—Public Transport Development Authority 315\n\n300 Public Transport Development Authority abolished 315\n\n301 Things done by Public Transport Development Authority 316\n\n302 Decisions and things done under or for the purposes of the Tourist and Heritage Railways Act 2010 316\n\n303 Superseded references 317\n\n304 Transfer subject to encumbrances 317\n\n305 Interests in land 317\n\n306 Easements 318\n\n307 Action by Registrar of Titles 318\n\n308 Continuation of old public transport fund 318\n\n309 Specification of money to be transferred 319\n\n310 Transfer of money and abolition of old public transport fund 320\n\n311 References to old public transport fund 320\n\n312 Evidence 320\n\nDivision 5—Linking Melbourne Authority 321\n\n313 Linking Melbourne Authority abolished 321\n\nDivision 6—Initial transitional arrangements for the Roads Corporation 321\n\n314 Definition 321\n\n315 Things done by Roads Corporation or its chief executive before first commencement day 322\n\n316 Things commenced but not completed by Roads Corporation or its chief executive 322\n\n317 Superseded references to Roads Corporation or its chief executive 322\n\n318 Corporation specified as a referral authority under a planning scheme 323\n\n319 Roads Corporation as a responsible entity under Part 7A of the Emergency Management Act 2013 324\n\n320 Continuation of old roads fund 325\n\n321 Specification of money to be transferred 325\n\n322 Transfer of money and abolition of old roads fund 326\n\n323 References to old roads fund 326\n\nDivision 6A—Abolition of Roads Corporation 326\n\n323A Roads Corporation abolished 326\n\nDivision 7—Miscellaneous 327\n\n324 Taxes 327\n\n325 Validity of things done under this Part 327\n\nPart 13—Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022 329\n\n327 Definitions 329\n\n328 Victorian Ports Corporation (Melbourne) abolished 329\n\n329 Victorian Regional Channels Authority abolished 331\n\n330 References to Victorian Ports Corporation (Melbourne) or Victorian Regional Channels Authority 332\n\n331 Directions to Victorian Ports Corporation (Melbourne) or Victorian Regional Channels Authority 332\n\n332 Requirements to provide information 333\n\n333 Instruments 333\n\nPart 14—Transport Legislation Amendment Act 2023 334\n\n334 Definitions 334\n\n335 Commercial Passenger Vehicle Commission abolished 334\n\n336 Office of Director, Transport Safety abolished 335\n\n337 Chief Executive of Safe Transport Victoria 336\n\n338 Chief executive officer of V/Line Corporation 336\n\nEndnotes 338\n\n1 General information 338\n\n2 Table of Amendments 340\n\n3 Explanatory details 348\n\n**Version No.** **091**\n\n**Transport Integration Act 2010**\n\n**No. 6 of 2010**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts:**\n\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Purpose","content":"\t1 Purpose\n\nThe purpose of this Act is to create a new framework for the provision of an integrated and sustainable transport system in Victoria consistent with the vision statement.\n\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.\n\nS. 2(2) amended by No. 45/2010 s. 3(1).\n\n(2) Subject to subsection (3), the remaining provisions of this Act (including the items and provisions of items in a Schedule) come into operation on a day or days to be proclaimed.\n\nS. 2(3) amended by No. 45/2010 s. 3(2).\n\n(3) If a provision referred to in subsection (2) (including an item or a provision of an item in a Schedule) does not come into operation before 1 July 2011, it comes into operation on that day.\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *accredited bus operator* inserted by No. 25/2025 s. 93(e).\n\n***accredited bus operator*** has the same meaning as it has in section 3(1) of the **Bus Safety Act 2009**;\n\nS. 3 def. of *approved Great Ocean Road strategic framework plan* inserted by No. 19/2020 s. 107(a).\n\n***approved Great Ocean Road strategic framework plan*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *Australian Transport Safety Bureau* or *ATSB* inserted by No. 22/2013 s. 81(1).\n\n***Australian Transport Safety Bureau*** or ***ATSB*** means the Australian Transport Safety Bureau established under section 12 of the Transport Safety Investigation Act 2003 of the Commonwealth;\n\n***bus*** has the same meaning as it has in section 3(1) of the **Bus Safety Act 2009**;\n\nS. 3 def. of *bus safety matter* inserted by No. 41/2019 s. 89(a).\n\n***bus safety matter*** means—\n\n(a) an incident involving a bus or any infrastructure used in bus operations that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to any property or equipment, and includes, for example—\n\n(i) any collision involving a bus;\n\n(ii) any incident resulting from the operation of a bus;\n\n(iii) any failure of any bus or part of a bus or of any equipment on a bus or of anything used in bus operations;\n\n(iv) any failure or breach of any practice or procedure involving a bus;\n\n(v) any fire, explosion or other similar occurrence involving a bus;\n\n(vi) any incident in which there is evidence of systematic safety deficiencies;\n\n(b) any other incident or any state of affairs involving, or in relation to buses or any infrastructure used in bus operations that is specified by the regulations for the purposes of this definition;\n\n***bus service*** has the same meaning as it has in section 3(1) of the **Bus Safety Act 2009**;\n\nS. 3 def. of *channel* inserted by No. 45/2010 s. 4(d).\n\n***channel***, in relation to port waters, has the same meaning as in the **Port Management Act 1995**;\n\n***Chief Investigator, Transport***  ***Safety*** means the person holding the position referred to in section 179(1);\n\nS. 3 def. of *commercial passenger vehicle* amended by No. 19/2022 s. 31.\n\n***commercial passenger vehicle*** has the same meaning as it has in the **Commercial Passenger Vehicle Industry Act 2017**;\n\nS. 3 def. of *Commercial Passenger Vehicle Commission* inserted by No. 63/2017 s. 21(Sch. 1 item 11.2), repealed by No. 34/2023 s. 71(1).\n\nS. 3 def. of *commercial passenger vehicle safety matter* inserted by No. 34/2023 s. 71(4).\n\n***commercial passenger vehicle safety matter*** means—\n\n(a) an incident involving a commercial passenger vehicle or any infrastructure used in commercial passenger vehicle operations that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to any property or equipment, and includes, for example—\n\n(i) any collision involving a commercial passenger vehicle;\n\n(ii) any incident resulting from the operation of a commercial passenger vehicle;\n\n(iii) any failure of any commercial passenger vehicle or part of a commercial passenger vehicle or of any equipment on a commercial passenger vehicle or of anything used in commercial passenger vehicle operations;\n\n(iv) any failure or breach of any practice or procedure involving a commercial passenger vehicle;\n\n(v) any fire, explosion or other similar occurrence involving a commercial passenger vehicle;\n\n(vi) any incident in which there is evidence of systematic safety deficiencies;\n\n(b) any other incident or any state of affairs involving, or in relation to commercial passenger vehicles or any infrastructure used in commercial passenger vehicle operations that is specified by the regulations for the purposes of this definition;\n\nS. 3 def. of *commercial passenger vehicle service* inserted by No. 63/2017 s. 21(Sch. 1 item 11.2).\n\n***commercial passenger vehicle service*** has the same meaning as it has in the **Commercial Passenger Vehicle Industry Act 2017**;\n\nS. 3 def. of *commercial trading port* inserted by No. 45/2010 s. 4(d).\n\n***commercial trading port*** has the same meaning as in the **Port Management Act 1995**;\n\nS. 3 def. of *correspond-ing safety law* amended by No. 13/2009 s. 101A(1)(a) (as amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 4.7) (as amended by No. 45/2010 s. 22)), repealed by No. 65/2010 s. 420(Sch. 3 item 16.4).\n\n***decision making principles*** means the principles specified in Division 3 of Part 2;\n\nS. 3 def. of *declared area* inserted by No. 17/2018 s. 25.\n\n***declared area*** has the same meaning as in the **Planning and Environment Act 1987**;\n\nS. 3 def. of *Department* amended by Nos 70/2013 s. 4(Sch. 2 item 51.1), 49/2019 s. 66(1)(a), 34/2023 s. 121(a).\n\n***Department*** means the Department of Transport and Planning;\n\n***development***, in Division 4 of Part 3, has the same meaning as it has in section 3 of the **Major Transport Projects Facilitation Act 2009**;\n\nS. 3 def. of *Director of Public Transport* repealed by No. 61/2011 s. 26(1)(a).\n\nS. 3 def. of *Director, Transport Safety* repealed by No. 34/2023 s. 71(1).\n\nS. 3 def. of *domestic partner* inserted by No. 45/2010 s. 4(d).\n\n***domestic partner*** of a person means—\n\n(a) a person who is in a registered relationship with the person; or\n\n(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);\n\nS. 3 def. of *film friendly principles* inserted by No. 51/2014 s. 9(Sch. 2 item 19.1).\n\n***film friendly principles*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3 def. of *film permit* inserted by No. 51/2014 s. 9(Sch. 2 item 19.1).\n\n***film permit*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3 def. of *Great Ocean Road coast and parks* inserted by No. 19/2020 s. 107(a).\n\n***Great Ocean Road coast and parks*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *Great Ocean Road Coast and Parks Authority* inserted by No. 19/2020 s. 107(a).\n\n***Great Ocean Road Coast and Parks Authority*** means the Authority established under Part 5 of the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *Great Ocean Road coast and parks protection principles* inserted by No. 19/2020 s. 107(a).\n\n***Great Ocean Road coast and parks protection principles*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *Great Ocean Road region* inserted by No. 19/2020 s. 107(a).\n\n***Great Ocean Road region*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *Great Ocean Road scenic landscapes area* inserted by No. 19/2020 s. 107(a).\n\n***Great Ocean Road scenic landscapes area*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3 def. of *harbour master* amended by No. 65/2010 s. 420(Sch. 3 item 16.1(a)).\n\n***harbour master*** has the same meaning as it has in section 3(1) of the **Marine Safety Act 2010**;\n\nS. 3 def. of *Head, Transport for Victoria* inserted by No. 3/2017 s. 4(a), amended by No. 49/2019 s. 66(1)(b).\n\n***Head, Transport for Victoria*** means the body corporate established under section 64A;\n\nS. 3 def. of *hire car* inserted by No. 34/2011 s. 3(1).\n\n***hire car*** has the same meaning as in section 86(1) of the **Transport (Compliance and Miscellaneous) Act 1983**;\n\nS. 3 def. of *interface body* amended by Nos 35/2011 s. 22, 10/2017 s. 38(a), 11/2017 s. 103, 19/2018 s. 251(1), 8/2019 s. 152(1), 9/2020 s. 390(Sch. 1 item 105(a)), 19/2020 s. 107(b), 30/2021 s. 70(1), 43/2021 s. 219(Sch. 1 item 11.1(b)), 41/2025 s. 4(Sch. 2 item 29).\n\n***interface body*** means—\n\n(a) in respect of the **Conservation, Forests and Lands Act 1987**, the bodycorporate established under thatAct under the name Secretary tothe Department of Energy, Environment and Climate Action;\n\n(b) in respect of the **Local Government Act 2020**, a Municipal Council;\n\n(c) in respect of the **Parks Victoria Act** **2018**, Parks Victoria established under that Act;\n\n(d) in respect of the **Planning and Environment Act 1987**—\n\n(i) a planning authority under that Act;\n\n(ii) the Victorian Planning Authority established under the **Victorian Planning Authority Act 2017**;\n\n(da) in respect of the **Victorian Planning Authority Act 2017**, the Victorian Planning Authority established under that Act;\n\n(e) in respect of the **Major Transport Projects Facilitation Act 2009**—\n\n(i) a project authority appointed under section 6 of that Act;\n\n(ii) a project proponent appointed under section 15 of that Act;\n\n(iii) an assessment committee established under section 35 of that Act;\n\n(f) in respect of the **Project Development and Construction Management Act 1994**, a Minister or facilitating agency;\n\n(g) in respect of the **Development Victoria Act 2003**, Development Victoria established under that Act;\n\n(ga) in respect of the **Suburban Rail Loop Act 2021**, the Suburban Rail Loop Authority when it is exercising its functions and powers in respect of planning and precinct development;\n\n(h) in respect of any interface legislation, a Minister administering the interface legislation;\n\n(i) in respect of land managed or controlled under the **Wildlife Act 1975**, the **Crown Land (Reserves) Act 1978**, the **Forests Act 1958**, the **Land Act 1958**, the **National Parks Act 1975**, Part 4 of the **Water Industry Act 1994** or the **Alpine Resorts (Management) Act 1997**, the person or body responsible for the management or control of that land;\n\n(ia) in respect of the **Great Ocean Road and Environs Protection Act 2020**, the Great Ocean Road Coast and Parks Authority;\n\n(j) a person or body which is declared to be an interface body—\n\n(i) by the Act under which the person is appointed or the body is established; or\n\n(ii) by the interface legislation under which functions or powers are conferred on the person or body—\n\neither generally or in respect of the exercise of the functions or powers in respect of which the person or body is declared to be an interface body by the Act or interface legislation;\n\n(k) a public body which is declared to be an interface body by an Order in Council made under section 4 either generally or in respect of the exercise of the functions or powers in respect of which it is declared to be an interface body by the Order in Council;\n\nS. 3 def. of *interface legislation* amended by Nos 49/2013 s. 72, 10/2017 s. 38(b), 19/2018 s. 251(2), 9/2020 s. 390(Sch. 1 item 105(b)), 19/2020 s. 107(c), 43/2021 s. 219(Sch. 1 item 11.1(c)).\n\n***interface legislation*** means—\n\n(a) **Alpine Resorts (Management) Act 1997**;\n\n(b) **Conservation, Forests and Lands Act 1987**;\n\n(c) **Crown Land (Reserves) Act 1978**;\n\n(ca) **Environment Effects Act 1978**;\n\n(d) **Forests Act 1958**;\n\n(da) **Great Ocean Road and Environs Protection Act 2020**;\n\n(e) **Land Act 1958**;\n\n(f) **Local Government Act 1989**;\n\n(fa) the **Local Government Act 2020**;\n\n(g) **Major Transport Projects Facilitation Act 2009**;\n\n(h) **National Parks Act 1975**;\n\n(i) **Parks Victoria Act** **2018**;\n\n(j) **Planning and Environment Act 1987**;\n\n(k) **Project Development and Construction Management Act 1994**;\n\n(l) **Development Victoria Act 2003**;\n\n(la) **Suburban Rail Loop Act 2021**;\n\n(m) Part 4 of the **Water Industry Act 1994**;\n\n(n) **Wildlife Act 1975**;\n\n(o) any other Act or provision of any other Act which is declared to be interface legislation by that other Act;\n\n(p) any regulations or other subordinate instrument made under an Act which is interface legislation;\n\nS. 3 def. of *lead transport agency* inserted by No. 3/2017 s. 4(a), repealed by No. 49/2019 s. 66(1)(e).\n\nS. 3 def. of *Linking Melbourne Authority* repealed by No. 49/2019 s. 62(a).\n\nS. 3 def. of *local port* inserted by No. 19/2022 s. 3(1).\n\n***local port*** has the same meaning as in the **Port Management Act 1995**;\n\nS. 3 def. of *mandatory bus safety decision* inserted by No. 13/2009 s. 101A(1)(b) (as amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 4.7) (as amended by No. 45/2010 s. 22)), substituted by No. 25/2025 s. 93(a).\n\n***mandatory bus safety decision*** means—\n\n(a) a decision of Safe Transport Victoria under the **Bus Safety Act 2009** whether to—\n\n(i) accredit or refuse to accredit an operator of a bus service within the meaning of the **Bus Safety Act 2009**; or\n\n(ii) impose, vary or revoke a condition on an accreditation of an accredited bus operator; or\n\n(iii) vary an accreditation of an accredited bus operator; or\n\n(b) a decision of Safe Transport Victoria or a transport safety officer to—\n\n(i) serve an improvement notice; or\n\n(ii) amend an improvement notice under section 54 of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**; or\n\n(c) a decision of Safe Transport Victoria or a transport safety officer to—\n\n(i) serve a prohibition notice; or\n\n(ii) amend a prohibition notice under section 64 of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**;\n\nS. 3 def. of *mandatory marine safety decision* amended by No. 65/2010 s. 420(Sch. 3 item 16.1(b)), substituted by No. 25/2025 s. 93(b).\n\n***mandatory marine safety decision*** means—\n\n(a) a decision of Safe Transport Victoria under the **Marine Safety Act 2010** to determine—\n\n(i) standards for navigation aids; or\n\n(ii) standards for dredging and channel maintenance; or\n\n(b) a decision of Safe Transport Victoria or a transport safety officer to—\n\n(i) serve an improvement notice; or\n\n(ii) amend an improvement notice under section 54 of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**; or\n\n(iii) serve a prohibition notice; or\n\n(iv) amend a prohibition notice under section 64 of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**;\n\nS. 3 def. of *mandatory rail safety decision* repealed by No. 41/2019 s. 89(e).\n\nS. 3 def. of *mandatory transport safety decision* amended by Nos 13/2009 s. 101A(1)(c) (as amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 4.7) (as amended by No. 45/2010 s. 22)), 41/2019 s. 89(b).\n\n***mandatory transport safety decision*** means—\n\n(a) a mandatory marine safety decision; or\n\n(c) a mandatory bus safety decision;\n\nS. 3 def. of *marine safety matter* amended by Nos 65/2010 s. 420(Sch. 3 item 16.1(c)), 36/2013 s. 92(1), 34/2023 s. 121(b).\n\n***marine safety matter*** means—\n\n(a) an incident involving a vessel that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to, or the loss of, the vessel or any other vessel, or to any other property or equipment, and includes, for example—\n\n(i) any accident involving a vessel;\n\n(ii) any incident involving a vessel in which there is evidence of systematic safety deficiencies;\n\n(b) the occurrence of any event that provides reasonable grounds for the belief—\n\n(i) that any pilot, pilot exempt master, harbour master, pilotage services provider or person providing a service under the **Marine Safety Act 2010** has acted incompetently in the course of their duties or in breach of that Act or the regulations made under that Act; or\n\n(ii) that the holder of any harbour master licence has breached the conditions of that licence; or\n\n(iii) that any pilot, pilot exempt master or pilotage services provider, who is registered under the **Marine Safety Act 2010** to act as a pilot, pilot exempt master or pilotage services provider (as the case requires), has breached the conditions of that registration;\n\n(c) any other incident or any state of affairs involving, or in relation to, a vessel that is specified by the regulations for the purposes of this definition;\n\nS. 3 def. of *master* amended by No. 65/2010 s. 420(Sch. 3 item 16.1(d)).\n\n***master*** has the same meaning as it has in section 3(1) of the **Marine Safety Act 2010**;\n\n***motor vehicle*** has the same meaning as it has in section 3(1) of the **Road Safety Act 1986**;\n\nS. 3 def. of *National Rail Safety Regulator* inserted by No. 22/2013 s. 81(1).\n\n***National Rail Safety Regulator*** means the Regulator  within the meaning of the Rail Safety National Law (Victoria);\n\nS. 3 def. of *National Regulator* inserted by No. 36/2013 s. 92(2).\n\n***National Regulator*** means the National Marine Safety Regulator within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law;\n\nS. 3 def. of *Office of the National Rail Safety Regulator* inserted by No. 22/2013 s. 81(1).\n\n***Office of the National Rail Safety Regulator*** has the same meaning as in the Rail Safety National Law (Victoria);\n\nS. 3 def. of *partner* inserted by No. 45/2010 s. 4(d).\n\n***partner*** of a person means the person's spouse or domestic partner;\n\nS. 3 def. of *passenger services* amended by Nos 34/2011 s. 3(2), 61/2011 s. 5(1)(a).\n\n***passenger services*** includes—\n\n(a) bus services;\n\n(c) ferry passenger services;\n\n(d) rail passenger services (including train and tram services provided by a passenger transport company within the meaning of section 2(1) of the **Transport (Compliance and Miscellaneous) Act 1983**);\n\nS. 3 def. of *pilot* amended by No. 65/2010 s. 420(Sch. 3 item 16.1(e)).\n\n***pilot*** has the same meaning as it has in section 3(1) of the **Marine Safety Act 2010**;\n\nS. 3 def. of *pilot exempt master* amended by No. 65/2010 s. 420(Sch. 3 item 16.1(f))*.*\n\n***pilot exempt master*** has the same meaning as it has in section 3(1) of the **Marine Safety Act 2010**;\n\nS. 3 def. of *pilotage services provider* amended by No. 65/2010 s. 420(Sch. 3 item 16.1(g)).\n\n***pilotage services provider*** has the same meaning as it has in section 3(1) of the **Marine Safety Act 2010**;\n\nS. 3 def. of *port* inserted by No. 45/2010 s. 4(d).\n\n***port*** has the same meaning as in the **Port Management Act 1995**;\n\nS. 3 def. of *Port Capacity Project part of the port of Melbourne* inserted by No. 10/2016 s. 89.\n\n***Port Capacity Project part of the port of Melbourne*** means that part of the port of Melbourne at which the development declared in the nomination order under the **Project Development and Construction Management Act 1994**, dated 4 September 2012 and published in the Government Gazette on 7 September 2012, is being carried out;\n\nS. 3 def. of *port land* inserted by No. 19/2022 s. 3(1).\n\n***port land*** means—\n\n(a) in the case of the port of Melbourne, the port of Melbourne land within the meaning of the **Port Management Act 1995**; and\n\n(b) in the case of any other port, the land declared by Order in Council made under section 5 of that Act to be the port land of that port;\n\nS. 3 def. of *port* *manager* inserted by No. 45/2010 s. 4(d).\n\n***port manager*** has the same meaning as in the **Port Management Act 1995**;\n\nS. 3 def. of *port of Hastings* inserted by No. 45/2010 s. 4(d).\n\n***port of Hastings*** has the same meaning as in the **Port Management Act 1995**;\n\nS. 3 def. of *Port of Hastings Development Authority* inserted by No. 38/2011 s. 3(1), amended as *Port of Hastings Corporation* by No. 19/2022 s. 16(a).\n\n***Port of Hastings Corporation*** means the body corporate established under section 141Q;\n\nS. 3 def. of *port of Hastings waters* inserted by No. 45/2010 s. 4(d).\n\n***port of Hastings waters*** has the same meaning as in the **Port Management Act 1995**;\n\nS. 3 def. of *port of Melbourne* inserted by No. 45/2010 s. 4(d).\n\n***port of Melbourne*** has the same meaning as in the **Port Management Act 1995**;\n\nS. 3 def. of *Port of Melbourne Corporation* inserted by No. 45/2010 s. 4(d), repealed by No. 10/2016 s. 175(2)(a).\n\nS. 3 def. of *port of Melbourne waters* inserted by No. 45/2010 s. 4(d).\n\n***port of Melbourne waters*** has the same meaning as in the **Port Management Act 1995**;\n\nS. 3 def. of *port waters* inserted by No. 45/2010 s. 4(d).\n\n***port waters*** has the same meaning as in the **Port Management Act 1995**;\n\nS. 3 def. of *Ports Victoria* inserted by No. 19/2022 s. 3(1).\n\n***Ports Victoria*** means the body corporate continued under section 133B;\n\n***prescribed*** means prescribed by regulations made under this Act;\n\nS. 3 def. of *public entity* inserted by No. 45/2010 s. 4(d).\n\n***public entity*** has the same meaning as in the **Public Administration Act 2004**;\n\nS. 3 def. of *Public Transport Development Authority* inserted by No. 61/2011 s. 5(1)(b), repealed by No. 49/2019 s. 58(1)(a).\n\nS. 3 def. of *Public Transport Fund* inserted by No. 49/2019 s. 66(1)(f).\n\n***Public Transport Fund***—see section 39A;\n\n***public transport safety matter*** means—\n\n(a) an incident involving rolling stock, rail infrastructure, a bus or any infrastructure used in bus operations that resulted in, or that had the potential to result in, the death of, or injury to, any person, or in damage to any property or equipment, and includes, for example—\n\n(i) any derailment of any rolling stock;\n\n(ii) any collision involving any bus or rolling stock;\n\n(iii) any incident resulting from the construction, maintenance or operation of a railway or from the operation of a bus;\n\n(iv) any failure of any part of rail infrastructure or any rolling stock or any part of any rolling stock;\n\n(v) any failure of any bus or part of a bus or of any equipment on a bus or of anything used in bus operations;\n\n(vi) any failure or breach of any practice or procedure involving rolling stock or a bus;\n\n(vii) any fire, explosion or other similar occurrence involving rolling stock or a bus;\n\n(viii) any incident in which there is evidence of systematic safety deficiencies;\n\n(b) any other incident or any state of affairs involving, or in relation to, rolling stock, rail infrastructure, buses or any infrastructure used in bus operations that is specified by the regulations for the purposes of this definition;\n\n***public transport system*** means public transport and the public transport related components of the transport system including any passenger services;\n\n*rail infrastructure* amended by No. 22/2013 s. 81(2)(a), substituted by No. 41/2019 s. 89(c).\n\n***rail infrastructure*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\nS. 3 def. of *rail safety officer* inserted by No. 22/2013 s. 81(1), repealed by No. 41/2019 s. 89(e).\n\n*rail safety recom-mendation* amended by No. 61/2011 ss 5(1)(c), 26(1)(b), repealed by No. 41/2019 s. 89(e).\n\n*rail safety worker* amended by No. 22/2013 s. 81(2)(a), repealed by No. 41/2019 s. 89(e).\n\nS. 3 def. of *railway* substituted by No. 22/2013 s. 81(2)(d).\n\n***railway*** has the same meaning as in the Rail Safety National Law (Victoria);\n\nS. 3 def. of *regional port waters* inserted by No. 19/2022 s. 3(1).\n\n***regional port waters*** means port waters other than—\n\n(a) port of Melbourne waters; or\n\n(b) waters declared by Order in Council under section 5(2) of the **Port Management Act 1995** to be the port waters of a local port (within the meaning of that Act); or\n\n(c) waters deemed under section 183(1) of the **Port Management Act 1995** to be the waters of a local port (within the meaning of that Act) for the purposes of that Act;\n\nS. 3 def. of *relevant marine safety law* repealed by No. 65/2010 s. 420(Sch. 3 item 16.4)*.*\n\nS. 3 def. of *relevant rail safety project* repealed by No. 41/2019 s. 89(e).\n\nS. 3 def. of *relevant transport safety law* repealed by No. 41/2019 s. 89(e).\n\n***road*** has the same meaning as it has in section 3(1) of the **Road Management Act 2004**;\n\n***road-related infrastructure*** has the same meaning as it has in section 3(1) of the **Road Management Act 2004**;\n\n***road system*** means the roads and road related components of the transport system including any transport services, motor vehicles and any other users of the road system;\n\nS. 3 def. of *Road Transport-Related Project* repealed by No. 49/2019 s. 62(a).\n\nS. 3 def. of *Roads Corporation* repealed by No. 49/2019 s. 60(1)(a).\n\nS. 3 def. of *Roads Fund* inserted by No. 49/2019 s. 66(1)(f).\n\n***Roads Fund***—see section 39B;\n\n***roadside*** has the same meaning as it has in section 3(1) of the **Road Management Act 2004**;\n\nS. 3 def. of *rolling stock* substituted by No. 22/2013 s. 81(2)(e).\n\n***rolling stock*** has the same meaning as in the Rail Safety National Law (Victoria);\n\nS. 3 def. of *Safe Transport Victoria* inserted by No. 34/2023 s. 71(4).\n\n***Safe Transport Victoria*** means the body corporate continued under section 115B;\n\n***Secretary*** means the Secretary to the Department;\n\nS. 3 def. of *sector transport agency* inserted by No. 3/2017 s. 4(a), amended by Nos 63/2017 s. 21(Sch. 1 item 11.1(a)), 49/2019 ss 58(1)(b), 60(1)(b), 62(b), 66(1)(d), 30/2021 s. 70(2), 19/2022 ss 3(2)(3), 16(b), 34/2023 s. 71(2).\n\n***sector transport agency*** means—\n\n(ba) the Head, Transport for Victoria;\n\n(c) Safe Transport Victoria; or\n\n(d) the V/Line Corporation; or\n\n(e) Ports Victoria; or\n\n(h) the Port of Hastings Corporation; or\n\n(i) any new sector transport agency constituted under a Transport Restructuring Order;\n\nS. 3 def. of *spouse* inserted by No. 45/2010 s. 4(d).\n\n***spouse*** of a person means a person to whom the person is married;\n\nS. 3 def. of *Statement of Planning Policy* inserted by No. 17/2018 s. 25.\n\n***Statement of Planning Policy*** has the same meaning as in the **Planning and Environment Act 1987**;\n\n***statement of policy principles*** means a statement issued under section 22;\n\nS. 3 def. of *Suburban Rail Loop Authority* inserted by No. 43/2021 s. 219(Sch. 1 item 11.1(a)).\n\n***Suburban Rail Loop Authority*** means the Suburban Rail Loop Authority established by section 8 of the **Suburban Rail Loop Act 2021**;\n\nS. 3 def. of *taxi-cab* inserted by No. 34/2011 s. 3(1), repealed by No. 63/2017 s. 21(Sch. 1 item 11.1(b)).\n\nS. 3 def. of *Taxi Services Commission* inserted by No. 34/2011 s. 3(1), repealed by No. 63/2017 s. 21(Sch. 1 item 11.1(b)).\n\nS. 3 def. of *Transfer Order* inserted by No. 3/2017 s. 4(a), amended by No. 49/2019 s. 66(2)(a).\n\n***Transfer Order*** means an Order in Council made under Division 2 of Part 4B;\n\nS. 3 def. of *transport body* amended by Nos 45/2010 s. 4(a), 34/2011 s. 3(3), 61/2011 s. 5(1)(d), 38/2011 s. 3(2), 65/2010 s. 420(Sch. 3 item 16.2), 61/2011 ss 26(1)(c), 30, 22/2013 s. 81(2)(b), 10/2016 s. 175(2)(b), 3/2017 s. 4(b), 63/2017 s. 21(Sch. 1 item 11.1(c)), 49/2019 ss 56(1)(a), 58(1)(c), 60(1)(c), 62(c), 18/2020 s. 156(1)(a), 43/2021 s. 219(Sch. 1 item 11.1(c)), 19/2022 ss 3(4), 16(c), 34/2023 s. 71(3), 25/2025 s. 93(d).\n\n***transport body*** means—\n\n(a) the Minister;\n\n(b) the Minister administering any other transport legislation in respect of the transport system;\n\n(c) the Department;\n\n(d) a Department or public entity engaged in the development of policy in respect of the transport system;\n\n(e) the Secretary;\n\n(ea) the Head, Transport for Victoria;\n\n(eb) any new sector transport agency constituted under a Transport Restructuring Order;\n\n(h) Safe Transport Victoria;\n\n(ha) the Office of the National Rail Safety Regulator;\n\n(hb) the National Rail Safety Regulator;\n\n(i) the Chief Investigator, Transport Safety;\n\n(n) the Victorian Rail Track;\n\n(o) the V/Line Corporation;\n\n(p) Ports Victoria;\n\n(q) the Port of Hastings Corporation;\n\n\t(rb) the North East Link State Tolling Corporation;\n\n(rc) the Suburban Rail Loop Authority when it is exercising its functions and powers under any transport legislation in respect of transport planning or transport infrastructure development or operations;\n\n(t) a waterway manager within the meaning of section 3(1) of the **Marine Safety Act 2010**;\n\n(v) the Essential Services Commission established under section 7 of the **Essential Services Commission Act 2001** when it is exercising its functions and powers under any transport legislation in respect of the transport system;\n\n(w) a coordinating road authority within the meaning of section 3(1) of the **Road Management Act 2004**;\n\n(x) a committee, board, council or other body established by the Minister under any transport legislation;\n\n(y) a person or body which is declared to be a transport body—\n\n(i) by the Act under which the person is appointed or the body is established; or\n\n(ii) by the transport legislation under which functions or powers are conferred on the person or body—\n\neither generally or in respect of the exercise of the functions or powers in respect of which the person or body is declared to be a transport body by the Act or transport legislation;\n\n(z) a public body which is declared to be a transport body under any transport legislation by an Order in Council made under section 4 either generally or in respect of the exercise of the functions or powers in respect of which the public body is declared to be a transport body by the Order in Council;\n\nS. 3 def. of *Transport Corporation* amended by Nos 45/2010 s. 4(b), 38/2011 s. 3(3), 10/2016 s. 175(2)(c), 49/2019 s. 62(d), 19/2022 ss 3(5)(6), 16(d).\n\n***Transport Corporation*** means—\n\n(b) the Victorian Rail Track; or\n\n(c) the V/Line Corporation; or\n\n(d) Ports Victoria; or\n\n(f) the Port of Hastings Corporation;\n\nS. 3 def. of *Transport Infrastructure Development Agent* repealed by No. 49/2019 s. 56(1)(b).\n\nS. 3 def. of *Transport Infrastructure Project* repealed by No. 49/2019 s. 56(1)(b).\n\nS. 3 def. of *transport legislation* amended by Nos 13/2009 s. 101A(1)(d) (as amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 4.7) (as amended by No. 45/2010 s. 22)), 45/2010 ss 4(c), 23(1), 65/2010 s. 420(Sch. 3 item 16.3), 36/2013 s. 92(3), 22/2013 s. 81(2)(c), 63/2017 s. 21(Sch. 1 item 11.1(d)), 8/2019 s. 152(2), 41/2019 s. 89(d), 18/2020 s. 156(1)(b), 18/2021 s. 80, 43/2021 s. 219(Sch. 1 item 11.1(e)).\n\n***transport legislation*** means—\n\n(a) **Accident Towing Services Act 2007**;\n\n(b) **Border Railways Act 1922**;\n\n(c) **Bus Safety Act 2009**;\n\n(d) **Bus Services Act 1995**;\n\n(e) **Business Franchise (Petroleum Products) Act 1979**;\n\n(ea) **Commercial Passenger Vehicle Industry Act 2017**;\n\n(f) **EastLink Project Act 2004**;\n\n(g) **Marine (Drug, Alcohol and Pollution Control) Act 1988**;\n\n(ga) **Marine Safety Act 2010**;\n\n(gb) the Marine Safety (Domestic Commercial Vessel) National Law;\n\n(gc) the **Marine (Domestic Commercial Vessel National Law Application) Act 2013**;\n\n(h) **Melbourne City Link Act 1995**;\n\n(i) **National Rail Corporation (Victoria) Act 1991**;\n\n\t(ia) **North East Link Act 2020**;\n\n(j) **Pollution of Waters by Oil and Noxious Substances Act 1986**;\n\n(k) **Port Management Act 1995**;\n\n(l) **Rail Management Act 1996**;\n\n(ma) the **Rail Safety National Law Application Act 2013**;\n\n(mb) the Rail Safety National Law (Victoria);\n\n(n) **Road Management Act 2004**;\n\n(o) **Road Safety Act 1986**;\n\n(oa) **Suburban Rail Loop Act 2021**;\n\n(p) **Transport (Compliance and Miscellaneous) Act 1983**;\n\n(q) **Very Fast Train (Route Investigation) Act 1989**;\n\n(qaa) **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**;\n\n(qa) **Western Port (Steel Works) Act 1970**;\n\n(r) **Westernport (Crib Point Terminal) Act 1963**;\n\n(ra) **Westernport Development Act 1967**;\n\n(rb) **Zero and Low Emission Vehicle Distance-based Charge Act 2021**;\n\n(s) any other Act or provision of any other Act which is declared to be transport legislation by that other Act;\n\n(t) this Act;\n\n(u) any regulations or other subordinate instrument made under an Act which is transport legislation;\n\nS. 3 def. of t*ransport-related land*, *infrastructure and assets* amended by Nos 61/2011 ss 5(1)(e), 26(1)(d) (as amended by No. 66/2012 s. 33(1)), 3/2017 s. 4(c), 49/2019 ss 58(1)(d), 66(1)(c).\n\n***transport-related land, infrastructure and assets*** includes the land, tracks, crossings, signals, buildings and structures including bridges, overhead wiring, power substations, communications networks, base stations, depots and associated buildings and rolling stock whether—\n\n(a) operational because it has been released to the Secretary, the Head, Transport for Victoria or any other person for transport purposes to support the transport system or related matters; or\n\n(b) non-operational because it has not been released to the Secretary, the Head, Transport for Victoria or any other person for transport purposes;\n\nS. 3 def. of *Transport Restructuring Order* inserted by No. 3/2017 s. 4(a), amended by No. 49/2019 s. 66(2)(b).\n\n***Transport Restructuring Order*** means an Order in Council made under Division 1 of Part 4B;\n\nS. 3 def. of *transport safety* repealed by No. 41/2019 s. 89(e).\n\nS. 3 def. of *transport safety agency*   repealed by No. 34/2023 s. 97.\n\nS. 3 def. of *transport safety appointee* repealed by No. 34/2023 s. 97.\n\nS. 3 def. of *transport safety law* inserted by No. 41/2019 s. 89(a).\n\n***transport safety law*** has the same meaning as in section 3 of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**;\n\n***transport safety matter*** means—\n\n(a) a marine safety matter;\n\n(b) a public transport safety matter;\n\nS. 3 def. of *transport safety officer* substituted by No. 25/2025 s. 93(c).\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. 3 def. of *transport services* amended by No. 61/2011 s. 5(1)(f).\n\n***transport services*** includes—\n\n(a) passenger services;\n\n(b) rail freight services;\n\n(c) road freight services;\n\n(ca) commercial passenger vehicle services;\n\n(d) any other services that are provided to support the transport system;\n\nS. 3 def. of *transport system* amended by Nos 34/2011 s. 3(4), 63/2017 s. 21(Sch. 1 item 11.1(e)).\n\n***transport system*** means all the components which make up the system for the movement of persons and goods including—\n\n(a) the physical components such as—\n\n(i) transport networks, paths and ways including roads, railways, shipping lanes, waterways, air flight paths, crossings, cycling paths and footpaths;\n\n(ii) facilities for accessing, disembarking, unloading and the interchange of, persons and goods and for the storage of freight and vehicles, including train stations, tram stops, bus stops, inter-modal transfer facilities, freight yards, port facilities, airports and taxi stands, depots and networks;\n\n(iii) motor vehicles (including commercial passenger vehicles), trains, trams, buses, ferries, boats, ships, aeroplanes, motor cycles, bicycles and mobility aids;\n\n(iv) control, communications and location systems and technology, information, and other systems and equipment;\n\n(b) the management components such as—\n\n(i) strategic planning including plans for building the network, acquiring vehicles, reserving land for future development and business continuity;\n\n(ii) operations planning including business plans, corporate plans, operations plans and contingency plans;\n\n(iii) operational matters required to operate the transport system including schedules, timetables and ticketing systems;\n\n(iv) administration, maintenance and information management matters;\n\n(v) research and marketing including advertising and promotions;\n\n(vi) legislative and regulatory systems such as registration, licensing and accreditation;\n\n(c) the labour components including all the persons involved in planning, policy development, operations and regulating and managing the physical and management components of the transport system;\n\n(d) the services components including passenger, freight and any other transport services to move persons and goods;\n\nS. 3 def. of *transport system agency* amended by Nos 34/2011 s. 3(5), 61/2011 ss 5(1)(g), 26(1)(e), 63/2017 s. 21(Sch. 1 item 11.1(f)), 49/2019 ss 46, 58(1)(e), repealed by No. 49/2019 s. 66(1)(e).\n\n***transport system objectives*** means the objectives specified in Division 2 of Part 2;\n\nS. 3 def. of *vessel* amended by No. 65/2010 s. 420(Sch. 3 item 16.1(h)).\n\n***vessel*** has the same meaning as it has in section 3(1) of the **Marine Safety Act 2010**;\n\nS. 3 def. of *Victorian Ports Corporation (Melbourne)* inserted by No. 10/2016 s. 175(1), repealed by No. 19/2022 s. 3(7).\n\nS. 3 def. of *Victorian ports system* inserted by No. 19/2022 s. 3(1).\n\n***Victorian ports system*** means all the components that make up Victoria's system of commercial trading ports and local ports including the following—\n\n(a) port land and port waters;\n\n(b) the physical components such as—\n\n(i) transport networks and ways including channels, shipping lanes, waterways, roads and railways;\n\n(ii) facilities for accessing, disembarking, unloading and the interchange of persons and goods and for the storage of freight, vessels and vehicles, including inter-modal transfer facilities, freight yards, port facilities, wharves, piers, jetties, depots and networks;\n\n(iii) ferries, boats and ships and other vessels and vehicles;\n\n(iv) control, communications, navigation and location systems and technology, information, and other systems and equipment;\n\n(c) the management components such as—\n\n(i) strategic planning including plans for building the network, acquiring vessels, reserving land for future development and business continuity;\n\n(ii) operations planning including business plans, corporate plans, operations plans and contingency plans;\n\n(iii) operational matters required to operate the Victorian ports system;\n\n(iv) administration, maintenance and information management matters;\n\n(v) research and marketing including advertising and promotions;\n\n(d) the labour components including—\n\n(i) pilotage services providers, pilots, harbour masters, towage service providers and all the persons involved in the operation of vessels or water and landside operations within the Victorian ports system;\n\n(ii) all the persons involved in planning, policy development, operations and managing the physical and management components of the Victorian ports system;\n\n(e) the services components including passenger, freight and any other transport services to move persons and goods;\n\n***Victorian Rail Track*** means the body corporate continued under section 116;\n\nS. 3 def. of *Victorian Regional Channels Authority* inserted by No. 45/2010 s. 4(d), repealed by No. 19/2022 s. 3(7).\n\n***vision statement*** means the statement set out in section 6;\n\nS. 3 def. of *V/Line* *Corporation* amended by No. 49/2017 s. 88(1).\n\n***V/Line*** ***Corporation*** means the body corporate continued under section 128;\n\nS. 3 def. of *Yarra protection principles* inserted by No. 49/2017 s. 88(2).\n\n***Yarra protection principles*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\nS. 3 def. of *Yarra River land* inserted by No. 49/2017 s. 88(2).\n\n***Yarra River land*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\nS. 3 def. of *Yarra Strategic Plan* inserted by No. 49/2017 s. 88(2).\n\n***Yarra Strategic Plan*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\nS. 3 def. of *Yarra Strategic Plan area* inserted by No. 49/2017 s. 88(2).\n\n***Yarra Strategic Plan area*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**.\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Order in Council declaring body to be a transport body or interface body","content":"\t4 Order in Council declaring body to be a transport body or interface body\n\n(1) The Governor in Council may, on the recommendation of the Minister, by Order in Council published in the Government Gazette declare—\n\n(a) a public body to be a transport body for the purposes of this Act, either generally or when carrying out particular functions or powers under any transport legislation, as is specified in the Order in Council;\n\n(b) a public body to be an interface body for the purposes of this Act, either generally or when carrying out particular functions or powers under any interface legislation, as is specified in the Order in Council.\n\n(2) The Minister must not make a recommendation under this section unless the Minister has consulted with the Minister responsible for the administration of the public body.\n\nS. 4A inserted by No. 51/2014 s. 9(Sch. 2 item 19.2).\n\n","sortOrder":5},{"sectionNumber":"4A","sectionType":"section","heading":"Filming Approval Act 2014","content":"\t4A Filming Approval Act 2014\n\nThis Act is filming approval legislation within the meaning of the **Filming Approval Act 2014**.\n\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Act binds the Crown","content":"\t5 Act binds the Crown\n\n(1) This Act binds the Crown—\n\n(a) in the right of the State of Victoria; and\n\n(b) to the extent that the legislative power of the Parliament permits, in all its other capacities.\n\nS. 5(2) repealed by No. 49/2019 s. 67.\n\n","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Vision statement, objectives,","content":"Part 2—Vision statement, objectives,  \nprinciples and statements of policy principles\n\n","sortOrder":8},{"sectionNumber":"Div 1","sectionType":"division","heading":"Vision statement","content":"Division 1—Vision statement\n\n","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Vision statement","content":"\t6 Vision statement\n\nThe Parliament recognises the aspirations of Victorians for an integrated and sustainable transport system that contributes to an inclusive, prosperous and environmentally responsible State.\n\n","sortOrder":10},{"sectionNumber":"Div 2","sectionType":"division","heading":"Transport system objectives","content":"Division 2—Transport system objectives\n\n","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Transport system objectives","content":"\t7 Transport system objectives\n\nThis Division specifies the transport system objectives.\n\n","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Social and economic inclusion","content":"\t8 Social and economic inclusion\n\nThe transport system should provide a means by which persons can access social and economic opportunities to support individual and community wellbeing including by—\n\n(a) minimising barriers to access so that so far as is possible the transport system is available to as many persons as wish to use it;\n\n(b) providing tailored infrastructure, services and support for persons who find it difficult to use the transport system.\n\n","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Economic prosperity","content":"\t9 Economic prosperity\n\nThe transport system should facilitate economic prosperity by—\n\n(a) enabling efficient and effective access for persons and goods to places of employment, markets and services;\n\n(b) increasing efficiency through reducing costs and improving timeliness;\n\n(c) fostering competition by providing access to markets;\n\n(d) facilitating investment in Victoria;\n\n(e) supporting financial sustainability.\n\n","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Environmental sustainability","content":"\t10 Environmental sustainability\n\nThe transport system should actively contribute to environmental sustainability by—\n\n(a) protecting, conserving and improving the natural environment;\n\n(b) avoiding, minimising and offsetting harm to the local and global environment, including through transport-related emissions and pollutants and the loss of biodiversity;\n\nS. 10(c) amended by No. 54/2010 s. 73(a).\n\n(c) promoting forms of transport and the use of forms of energy and transport technologies which have the least impact on the natural environment and reduce the overall contribution of transport-related greenhouse gas emissions;\n\nS. 10(d) amended by No. 54/2010 s. 73(b).\n\n(d) improving the environmental performance of all forms of transport and the forms of energy used in transport;\n\nS. 10(e) inserted by No. 54/2010 s. 73(c).\n\n(e) preparing for and adapting to the challenges presented by climate change.\n\n","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Integration of transport and land use","content":"\t11 Integration of transport and land use\n\n(1) The transport system should provide for the effective integration of transport and land use and facilitate access to social and economic opportunities.\n\n(2) Without limiting the generality of subsection (1), transport and land use should be effectively integrated so as to improve accessibility and transport efficiency with a focus on—\n\n(a) maximising access to residences, employment, markets, services and recreation;\n\n(b) planning and developing the transport system more effectively;\n\n(c) reducing the need for private motor vehicle transport and the extent of travel;\n\n(d) facilitating better access to, and greater mobility within, local communities.\n\n(3) Without limiting the generality of subsection (1), the transport system and land use should be aligned, complementary and supportive and ensure that—\n\n(a) transport decisions are made having regard to the current and future impact on land use;\n\n(b) land use decisions are made having regard for the current and future development and operation of the transport system;\n\n(c) transport infrastructure and services are provided in a timely manner to support changing land use and associated transport demand.\n\n(4) Without limiting the generality of subsection (1), the transport system should improve the amenity of communities and minimise impacts of the transport system on adjacent land uses.\n\n","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Efficiency, coordination and reliability","content":"\t12 Efficiency, coordination and reliability\n\n(1) The transport system should facilitate network-wide efficient, coordinated and reliable movements of persons and goods at all times.\n\n(2) Without limiting the generality of subsection (1), the transport system should—\n\n(a) balance efficiency across the network so as to optimise the network capacity of all modes of transport and reduce journey times;\n\n(b) maximise the efficient use of resources including infrastructure, land, services and energy;\n\n(c) facilitate integrated and seamless travel within and between different modes of transport;\n\n(d) provide predictable and reliable services and journey times and minimise any inconvenience caused by disruptions to the transport system.\n\n","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Safety and health and wellbeing","content":"\t13 Safety and health and wellbeing\n\n(1) The transport system should be safe and support health and wellbeing.\n\n(2) Without limiting the generality of subsection (1), the transport system should—\n\n(a) seek to continually improve the safety performance of the transport system through—\n\n(i) safe transport infrastructure;\n\n(ii) safe forms of transport;\n\n(iii) safe transport system user behaviour;\n\n(b) avoid and minimise the risk of harm to persons arising from the transport system;\n\n(c) promote forms of transport and the use of forms of energy which have the greatest benefit for, and least negative impact on, health and wellbeing.\n\n","sortOrder":18},{"sectionNumber":"Div 3","sectionType":"division","heading":"Decision making principles","content":"Division 3—Decision making principles\n\n","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Decision making principles","content":"\t14 Decision making principles\n\nThis Division specifies the decision making principles.\n\n","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Principle of integrated decision making","content":"\t15 Principle of integrated decision making\n\nThe principle of integrated decision making means seeking to achieve Government policy objectives through coordination between all levels of government and government agencies and with the private sector.\n\n","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Principle of triple bottom line assessment","content":"\t16 Principle of triple bottom line assessment\n\nThe principle of triple bottom-line assessment means an assessment of all the economic, social and environmental costs and benefits taking into account externalities and value for money.\n\n","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Principle of equity","content":"\t17 Principle of equity\n\nThe principle of equity means—\n\n(a) equity between persons irrespective of their—\n\n(i) personal attributes, including age, physical ability, ethnicity, culture, gender and financial situation; or\n\n(ii) location, including whether in a growth, urban, regional, rural or remote area;\n\n(b) equity between generations by not compromising the ability of future generations to meet their needs.\n\n","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Principle of the transport system user perspective","content":"\t18 Principle of the transport system user perspective\n\nThe transport system user perspective means—\n\n(a) understanding the requirements of transport system users, including their information needs;\n\n(b) enhancing the useability of the transport system and the quality of experiences of the transport system.\n\n","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Precautionary principle","content":"\t19 Precautionary principle\n\n(1) The precautionary principle means that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.\n\n(2) The precautionary principle includes—\n\n(a) a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and\n\n(b) an assessment of the risk-weighted consequences of various options.\n\n","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Principle of stakeholder engagement and community participation","content":"\t20 Principle of stakeholder engagement and community participation\n\nThe principle of stakeholder engagement and community participation means—\n\n(a) taking into account the interests of stakeholders, including transport system users and members of the local community;\n\n(b) adopting appropriate processes for stakeholder engagement.\n\n","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Principle of transparency","content":"\t21 Principle of transparency\n\nThe principle of transparency means members of the public should have access to reliable and relevant information in appropriate forms to facilitate a good understanding of transport issues and the process by which decisions in relation to the transport system are made.\n\n","sortOrder":27},{"sectionNumber":"Div 4","sectionType":"division","heading":"Statements of policy principles","content":"Division 4—Statements of policy principles\n\n","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Minister may issue a statement of policy principles","content":"\t22 Minister may issue a statement of policy principles\n\n(1) The Minister may issue a statement of policy principles for the purposes of this Act.\n\n(2) If the Minister proposes to issue a statement of policy principles which will apply to, or affect, an interface body, the Minister must obtain the agreement of the Minister responsible for the interface body before issuing the statement of policy principles.\n\n(3) A statement of policy principles must be consistent with the vision statement and the transport system objectives.\n\n(4) The Minister must have regard to the decision making principles in preparing a statement of policy principles.\n\n(5) If at any time more than one Minister has responsibility for the administration of this Act—\n\n(a) each Minister may issue a statement of policy principles in respect of the administration of the provisions of the Act for which that Minister is responsible;\n\n(b) two or more Ministers may issue a joint statement of policy principles in respect of the administration of the provisions of the Act for which those Ministers are responsible.\n\n(6) A statement of policy principles may specify that specified policy principles apply to—\n\n(a) a specified transport body in the exercise of powers or the performance of functions under the transport legislation;\n\n(b) a specified interface body in the exercise of powers or the performance of functions under the interface legislation;\n\n(c) the exercise of specified powers or the performance of specified functions by a transport body or an interface body.\n\n(7) The Minister must ensure that a statement of policy principles is published—\n\n(a) in the Government Gazette; and\n\n(b) on an Internet website maintained by the Department.\n\n(8) The Minister must provide a copy of a statement of policy principles to any transport body or interface body affected by the statement of policy principles as soon as practicable after the statement of policy principles is issued.\n\n","sortOrder":29},{"sectionNumber":"Div 5","sectionType":"division","heading":"Interpretation and guidance","content":"Division 5—Interpretation and guidance\n\n","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Interpretation","content":"\t23 Interpretation\n\nIt is the intention of Parliament that this Act is to be administered and interpreted having regard to the following—\n\n(a) the vision statement;\n\n(b) the transport system objectives;\n\n(c) the decision making principles;\n\n(d) any statement of policy principles.\n\n","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Application to a transport body","content":"\t24 Application to a transport body\n\n(1) A transport body must have regard to the transport system objectives in exercising its powers and performing its functions under any transport legislation.\n\n(2) A transport body must have regard to the decision making principles in making decisions under any transport legislation.\n\nS. 24(2A) inserted by No. 35/2017 s. 70(1).\n\n(2A) Subsections (1) and (2) do not apply to a transport body when it is exercising a power or performing a function for or in relation to—\n\n(a) the grant, issue or giving of a transport authorisation; or\n\n(b) the renewal of a transport authorisation; or\n\n(c) the amendment or variation of, or change to, a transport authorisation or any conditions to which a transport authorisation is subject; or\n\n(d) the suspension of a transport authorisation; or\n\n(e) the cancellation of a transport authorisation; or\n\n(f) the revocation of a transport authorisation or any condition to which a transport authorisation is subject.\n\n(3) If a transport body is a specified transport body in a statement of policy principles, it must have regard to the specified policy principles which apply to it under the statement of policy principles.\n\n(4) If a transport body is exercising a power which is a specified power in a statement of policy principles or performing a function which is a specified function in a statement of policy principles, it must have regard to the specified policy principles which apply under the statement of policy principles.\n\nS. 24(5) substituted by No. 45/2010 s. 5.\n\n(5) An Act specified in the heading to an item in Schedule 1 is amended, on the commencement of that item or a provision of that item, as set out in that item or provision.\n\nS. 24(6) inserted by No. 35/2017 s. 70(2).\n\n(6) In this section—\n\n***transport authorisation*** means a licence, an accreditation, a permit, a permission, an exemption or a registration under transport legislation.\n\n","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Application to an interface body","content":"\t25 Application to an interface body\n\n(1) An interface body must have regard to the transport system objectives when exercising powers and performing functions under any interface legislation which are likely to have a significant impact on the transport system.\n\n(2) An interface body must have regard to the decision making principles in making decisions under any interface legislation which are likely to have a significant impact on the transport system.\n\n(3) If an interface body is a specified interface body in a statement of policy principles, it must have regard to the specified policy principles which apply to it under the statement of policy principles.\n\n(4) If an interface body is exercising a power which is a specified power in a statement of policy principles or performing a function which is a specified function in a statement of policy principles, it must have regard to the specified policy principles which apply under the statement of policy principles.\n\nS. 25(5) substituted by No. 45/2010 s. 6.\n\n(5) An Act specified in the heading to an item in Schedule 2 is amended, on the commencement of that item or a provision of that item, as set out in that item or provision.\n\nS. 25A inserted by No. 3/2017 s. 5.\n\n","sortOrder":33},{"sectionNumber":"25A","sectionType":"section","heading":"Objects and functions of the Department and powers of the Secretary","content":"\t25A Objects and functions of the Department and powers of the Secretary\n\n(1) Divisions 2 and 3 of Part 3 do not limit or derogate from any object or function of the Department, or any function or power of the Secretary, under an Act that is not transport legislation.\n\n(2) In addition, an object or function of the Department, or a function or power of the Secretary, under an Act that is not transport legislation is not limited by an object or function under Division 2 of Part 3 or a power under Division 3 of Part 3.\n\n","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Weight to be given to transport system objectives","content":"\t26 Weight to be given to transport system objectives\n\nFor the purposes of sections 24 and 25, a transport body or interface body may determine the weight to give to each transport system objective.\n\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Weight to be given to decision making principles","content":"\t27 Weight to be given to decision making principles\n\nFor the purposes of sections 24 and 25, a transport body or interface body may determine the weight to give to each decision making principle.\n\nS. 27A inserted by No. 45/2010 s. 7.\n\n","sortOrder":36},{"sectionNumber":"27A","sectionType":"section","heading":"Strategy and implementation plan","content":"\t27A Strategy and implementation plan\n\n(1) This section applies to the following transport bodies—\n\n(a) a transport corporation;\n\nS. 27A(1)(b) substituted by No. 34/2023 s. 98(1).\n\n(b) the Chief Investigator, Transport Safety;\n\nS. 27A(1)(c) substituted by Nos 49/2019 s. 186(Sch. 4 item 43.1), 34/2023 s. 72.\n\n(c) Safe Transport Victoria;\n\n(d) a prescribed transport body.\n\nS. 27A(1A) inserted by No. 61/2011 s. 5(2), repealed by No. 49/2019 s. 58(2).\n\n(2) A transport body referred to in subsection (1) must develop a strategy and implementation plan.\n\n(3) A strategy and implementation plan must specify the processes and procedures that the transport body will put in place to enable the transport body to have regard to the transport system objectives and decision making principles in accordance with transport legislation from the date that the plan has effect.\n\nS. 27A(4) amended by No. 34/2023 s. 98(2).\n\n(4) A strategy and implementation plan must be published in the Government Gazette as soon as practicable.\n\n(5) A strategy and implementation plan has effect from the date specified in the plan, being a date on or after the date that the plan is published in the Government Gazette.\n\n(6) A transport body must engage with stakeholders in preparing a strategy and implementation plan.\n\n(7) A transport body must review the effectiveness of the strategy and implementation plan at regular intervals.\n\n","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Effect of this Part","content":"\t28 Effect of this Part\n\nThe Parliament does not intend by this Part to create in any person any legal right or to give rise to any civil cause of action.\n\nPart 3—Administration\n\nDivision 1—The Minister\n\n\t29 General powers\n\n(1) The Minister has power to do anything that is specified in this Act or that is necessary or convenient to be done for or in connection with, or as incidental to, the functions of the Minister under this or any other Act.\n\n(2) Nothing in this section limits the powers of a Minister at common law or under any convention or practice relating to powers of Ministers generally.\n\n","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Minister may appoint a person or establish a body to provide advice","content":"\t30 Minister may appoint a person or establish a body to provide advice\n\n(1) The Minister may from time to time by Order published in the Government Gazette appoint any person or establish any body comprising persons with experience or expertise in, or able to offer informed advice about, the transport system—\n\n(a) to advise the Minister on any matter relating to the transport system referred to the person or body by the Minister; and\n\n(b) to exercise any of the powers and functions of the Minister that are delegated to the person or body under this Act or any other transport legislation.\n\n(2) The Minister may, in any Order made under subsection (1), make any provision with respect to the terms and conditions of appointment of the person or of the members of the body and the functions and procedures of the person or the body as the Minister thinks fit.\n\n(3) A person appointed, or a body established, under this section, is declared to be a transport body.\n\n(4) Nothing in this section limits the powers of the Minister to establish advisory committees or other similar bodies or have regard to the advice of any person, committee or other body.\n\n","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Delegation by Minister","content":"\t31 Delegation by Minister\n\n(1) The Minister by instrument may delegate to any person any power, duty or function of the Minister under any transport legislation other than—\n\n(a) this power of delegation;\n\n(b) any power conferred on the Minister to make statements of policy principles or determinations of policy or give directions.\n\n(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.\n\nS. 31A inserted by No. 65/2010 s. 420(Sch. 3 item 16.10).\n\n","sortOrder":40},{"sectionNumber":"31A","sectionType":"section","heading":"Guidelines","content":"\t31A Guidelines\n\nS. 31A(1) amended by No. 34/2023 s. 73.\n\n(1) The Minister must, within the period specified in subsection (2)(a), make guidelines in relation to the making of a declaration by Safe Transport Victoria under section 7, 81 or 250 of the **Marine Safety Act 2010** or the making of a determination by Safe Transport Victoria under section 258(1)(q) of that Act.\n\n(2) The Minister—\n\n(a) must make guidelines under this section no later than 7 days after the commencement of clause 16.10 of Schedule 3 to the **Marine Safety Act 2010**;\n\n(b) may remake or amend guidelines made under this section at any time after guidelines referred to in paragraph (a) take effect.\n\n(3) Guidelines and amendments to guidelines made under this section must be published in the Government Gazette.\n\n(4) Guidelines and amendments to guidelines made under this section take effect on the day they are published in the Government Gazette.\n\nDivision 2—The Department\n\nS. 32 substituted by No. 3/2017 s. 6.\n\n","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Objects of the Department","content":"\t32 Objects of the Department\n\nThe objects of the Department include—\n\n(a) to give effect to the vision statement, the transport system objectives and the decision making principles; and\n\nS. 32(b) amended by Nos 49/2019 s. 4, 34/2023 s. 99.\n\n(b) to review the strategic plans, corporate plans, business plans and budgets of sector transport agencies, VicTrack and the Chief Investigator, Transport Safety to ensure that they are consistent with the vision statement, the transport system objectives and the decision making principles.\n\nS. 33 amended by No. 61/2011 s. 6, substituted by No. 3/2017 s. 7.\n\n","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Functions of the Department","content":"\t33 Functions of the Department\n\n(1) The principal function of the Department in relation to the transport system, including the delivery of integrated and connected transport services, is to—\n\nS. 33(1)(a) substituted by No. 49/2019 s. 5(1).\n\n(a) assist the Minister in relation to the performance of the Minister's functions and the exercise of the Minister's powers; and\n\n(b) do anything that is necessary or convenient to be done for or in connection with, or incidental to, the achievement of its objects.\n\n(2) Without limiting the generality of subsection (1), the functions of the Department include—\n\n(a) to support the Secretary in performing any functions or exercising any powers under this Act and other transport legislation in relation to the transport system and any related matters; and\n\n(b) if the Secretary requests support from the Department in relation to any enforcement functions conferred on the Secretary, to provide that support; and\n\nS. 33(2)(ba) inserted by No. 49/2019 s. 5(2).\n\n(ba) to assist the Head, Transport for Victoria in relation to the performance of its functions and exercise of its powers, if made available to the Head, Transport for Victoria by the Secretary under section 33A(1)(b); and\n\nS. 33(2)(c) inserted by No. 49/2019 s. 5(3).\n\n(c) any other functions conferred on the Department by or under this Act or other transport legislation in relation to the transport system.\n\nDivision 3—The Secretary\n\nS. 33A inserted by No. 3/2017 s. 8, substituted by No. 49/2019 s. 6.\n\n","sortOrder":43},{"sectionNumber":"33A","sectionType":"section","heading":"Functions of the Secretary","content":"\t33A Functions of the Secretary\n\n(1) The functions of the Secretary in relation to the transport system are to—\n\n(a) provide advice to the Minister regarding—\n\n(i) strategic and regulatory policy and legislation; and\n\n(ii) the administration of this Act and other transport legislation; and\n\n(b) make available staff in the Department and provide resources and other support as necessary to enable other transport bodies to perform the functions and exercise the powers conferred on them by or under this Act or any other Act; and\n\n(c) procure, develop, construct and commission transport infrastructure; and\n\n(d) procure and commission passenger services, rolling stock and transport assets; and\n\n(e) contract in relation to the things mentioned in paragraphs (c) and (d); and\n\n(f) lead the strategic planning of all forms of transport and the delivery of an integrated transport system; and\n\n(g) lead the development of strategic and regulatory policy relating to the integration and improvement of the transport system; and\n\n(h) undertake operational activities, including transport system operations, asset management and project management; and\n\n(i) provide registration, licensing and accreditation services for the transport system and related matters; and\n\n(j) carry out any enforcement functions conferred on the Secretary by or under this Act or any other Act; and\n\n(k) develop and implement policies to improve the safety of the road system for all road users; and\n\n(l) provide technical, project management, consultancy, data and information services relating to the transport system, including on a commercial basis consistent with government policy; and\n\nS. 33A(1)(m) substituted by No. 41/2020 s. 50.\n\n(m) protect existing and future options for the improvement of the transport system, including by holding, retaining, reserving and acquiring land for existing and future transport corridors; and\n\n(n) seek to represent transport interests and wider State issues when liaising with other Victorian Departments and agencies and Departments and agencies of the Commonwealth, other States or Territories; and\n\n(o) direct and guide sector transport agencies in the performance of their functions and the exercise of their powers under this Act and other transport legislation; and\n\n(p) manage and administer matters, or develop initiatives, relating to—\n\n(i) the movement of freight within, or in and out of, Victoria; and\n\n(ii) the handling and storage of freight within Victoria; and\n\n(q) perform any other functions conferred or duties imposed on the Secretary by or under this Act or any other Act.\n\n(2) With the approval of the Minister, the Secretary may perform the functions specified in subsection (1)(i) or (l) for any purpose unrelated to the transport system.\n\n","sortOrder":44},{"sectionNumber":"34","sectionType":"section","heading":"Powers of the Secretary","content":"\t34 Powers of the Secretary\n\nS. 34(1) amended by No. 3/2017 s. 9(1), substituted by No. 49/2019 s. 7(1).\n\n(1) The Secretary has power, on behalf of the Crown, to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the performance of the functions of the Secretary under this Act or any other Act.\n\n(2) Without limiting the generality of subsection (1), the Secretary may on behalf of the Crown—\n\nS. 34(2)(a) amended by No. 49/2019 s. 7(2)(a).\n\n(a) acquire, hold, dispose of or otherwise deal with real or personal property;\n\nS. 34(2)(ab) inserted by No. 49/2019 s. 7(2)(b).\n\n(ab) dispose of land, or an interest in land, to another transport body for nominal consideration;\n\nS. 34(2)(ac) inserted by No. 49/2019 s. 7(2)(b).\n\n(ac) accept the transfer of land, or an interest in land, from another transport body for nominal consideration;\n\n(b) enter into any agreement or contract;\n\n(c) enter into any lease or licence;\n\n(d) participate in the formation of a corporation, trust, partnership or other body;\n\n(e) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation;\n\n(f) become a member of a company limited by guarantee;\n\n(g) subscribe for or otherwise acquire, and hold and dispose of, units in a trust;\n\n(h) acquire, and hold and dispose of, an interest in a partnership or other body;\n\n(i) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the Secretary or the Department;\n\n(j) give indemnities, guarantees, releases and charges, and anything else of a similar nature;\n\n(k) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trademark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);\n\n(l) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right;\n\n(m) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;\n\n(n) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright;\n\n(o) engage consultants, contractors or agents;\n\n(p) act as trustee;\n\n(q) act as an agent of another person.\n\nS. 34(2A) inserted by No. 61/2011 s. 5(3).\n\n(2A) Without limiting the generality of subsection (1), the Secretary on behalf of the Crown may enter into—\n\n(a) agreements relating to the allocation of revenue derived from the provision by any person or body of any transport services;\n\n(b) a contract with any person or body for the provision of any transport services by that person or body.\n\nS. 34(2B) inserted by No. 49/2019 s. 7(3).\n\n(2B) Without limiting the generality of subsection (1), the Secretary has the following powers for the purposes of performing the functions specified in section 33A(1)(l) for any purpose unrelated to the transport system as approved under section 33A(2)—\n\n(a) to apply for, obtain and hold intellectual property rights (including patents, copyrights, trademarks and registered designs) on behalf of the Crown;\n\n(b) to enter into agreements or arrangements, on behalf of the Crown, for the commercial exploitation within or outside Victoria of those intellectual property rights and ancillary services on any terms or conditions as to royalties, lump sum payments or otherwise as the Secretary determines;\n\n(c) to enter into agreements or arrangements, on behalf of the Crown, within or outside Victoria for the provision by the Secretary of administration or management, or data and information, services or systems.\n\n(3) The Secretary may use any Crown land for transport purposes with the approval of the Minister administering the Act relating to the management or use of the land given by the Minister in accordance with any requirements which apply under that Act.\n\nS. 34(4) amended by No. 3/2017 s. 9(2), substituted by No. 49/2019 s. 7(4).\n\n(4) Any acquisition or disposition of or other dealing with land by the Secretary on behalf of the Crown must be made in the name of \"Secretary (within the meaning of the **Transport Integration Act 2010**)\".\n\nS. 34(4A) inserted by No. 49/2019 s. 7(4).\n\n(4A) Without limiting the generality of subsections (1) and (4), the Secretary may, on behalf of the Crown, dispose of or otherwise deal with land held by the Secretary and that was acquired under this Act in the name of \"Secretary (within the meaning of the **Transport Integration Act 2010**)\" by any person who previously held, acted in or performed the duties of, the office of Secretary.\n\n(5) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on the Secretary.\n\nS. 34(6) inserted by No. 48/2024 s. 52.\n\n(6) In addition, nothing in this section limits the powers the Secretary may exercise on behalf of the Crown.\n\n","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Recording of dealings","content":"\t35 Recording of dealings\n\nS. 35(1) amended by Nos 70/2013 s. 4(Sch. 2 item 51.2), 49/2019 s. 68(1).\n\n(1) If the Secretary acquires any land on behalf of the Crown, any recording in the Register by the Registrar of Titles of the acquisition must be made in the name of \"Secretary (within the meaning of the **Transport Integration Act 2010**)\" as registered proprietor.\n\nS. 35(2) amended by Nos 70/2013 s. 4(Sch. 2 item 51.2), 49/2019 s. 68(2).\n\n(2) If the Secretary, on behalf of the Crown, disposes of or otherwise deals with any land held in the name of \"Secretary (within the meaning of the **Transport Integration Act 2010**)\", any recording in the Register by the Registrar of Titles of the disposition or dealing must be made in the name of \"Secretary (within the meaning of the **Transport Integration Act 2010**)\".\n\nS. 35(3) amended by Nos 70/2013 s. 4(Sch. 2 item 51.2), 49/2019 s. 68(3).\n\n(3) If the Secretary, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land, the Registrar must make any recording in relation to that dealing in the name of \"Secretary (within the meaning of the **Transport Integration Act 2010**)\".\n\nS. 35(4) amended by Nos 70/2013 s. 4(Sch. 2 item 51.2), 49/2019 s. 68(4).\n\n(4) To avoid doubt, land acquired in fee simple by the Secretary on behalf of the Crown is Crown land.\n\nS. 35(5) amended by Nos 70/2013 s. 4(Sch. 2 item 51.2), 49/2019 s. 68(4).\n\n(5) Despite subsection (4) and anything to the contrary in the **Land Act 1958** or the **Transfer of Land Act 1958**, if land acquired by the Secretary on behalf of the Crown—\n\n(a) is under the operation of the **Transfer of Land Act 1958**, it remains under the operation of that Act; and\n\n(b) is not under the operation of the **Transfer of Land Act 1958**, it may be brought under the operation of that Act.\n\n","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Compulsory acquisition of land","content":"\t36 Compulsory acquisition of land\n\nS. 36(1) amended by No. 49/2019 s. 8.\n\n(1) Subject to the approval of the Minister, the Secretary may on behalf of the Crown compulsorily acquire any land which is or may be required by the Secretary for or in connection with the performance of the functions of the Secretary under this Act.\n\n(b) the Secretary is the Authority;\n\n(c) ***land*** includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land;\n\n(d) section 75 of the **Land Acquisition and Compensation Act 1986** has effect as if it empowered the Authority to enter any land and section 75(6) did not apply.\n\n(3) In full or part settlement of any compensation that the Secretary is liable to pay, the Secretary may on behalf of the Crown—\n\n(a) transfer a building from land owned by a person entitled to the compensation to other land owned either by that person or by the Secretary on behalf of the Crown; or\n\n(b) transfer a building from land owned by the Secretary on behalf of the Crown to other land owned either by the Secretary on behalf of the Crown or by a person entitled to the compensation.\n\n(4) If the Secretary acquires any land compulsorily under this section—\n\n(a) the Secretary may on behalf of the Crown require the owner of the land to take any land adjoining it that is owned by the Secretary on behalf of the Crown and is no longer required by the Secretary on behalf of the Crown; and\n\n(b) the value of that adjoining land must be deducted from any sum to be paid by way of compensation to the owner for the compulsory acquisition; and\n\n(c) if that value cannot be agreed between the Secretary on behalf of the Crown and the owner it must be settled in the same manner and at the same time as the compensation to be paid to the owner.\n\n","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Powers to enter land for investigative purposes","content":"\t37 Powers to enter land for investigative purposes\n\n(1) The Secretary may enter any land and do all things necessary and convenient for investigative purposes to determine whether the land should be compulsorily acquired.\n\n(2) The Secretary may exercise the powers conferred by this section on the Secretary by any person who is authorised in writing by the Secretary to do so.\n\n(3) The Secretary must not exercise a power under this section unless—\n\n(a) the Secretary has given 7 days notice in writing to the occupier of the land that is to be entered; or\n\n(4) A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6.00 p.m. unless the occupier consents to a different time.\n\n(5) In exercising powers under this section, the Secretary must—\n\n(c) remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;\n\nS. 37(5)(d) amended by No. 34/2023 s. 122.\n\n(d) leave the land as nearly as possible in the condition in which the Secretary found it;\n\nS. 37(6) substituted by No. 19/2022 s. 27.\n\n(6) The Secretary is liable to pay compensation (other than rent) to a person with an interest in the land entered under this section if, as a direct, natural and reasonable consequence of the entry, the person—\n\n(a) sustained pecuniary loss; or\n\n(b) incurred any expense.\n\nS. 37(7) substituted by No. 19/2022 s. 27.\n\n(7) Compensation under subsection (6) must be claimed and dealt with in accordance with the **Land Acquisition and Compensation Act 1986**, as if it were a claim under section 47(1) of that Act.\n\nS. 37A inserted by No. 61/2011 s. 7, repealed by No. 3/2017 s. 10.\n\nS. 38 (Heading) substituted by No. 49/2019 s. 9.\n\n","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Secretary subject to general direction and control of the Minister","content":"\t38 Secretary subject to general direction and control of the Minister\n\n(1) The Secretary—\n\n(a) is subject to the general direction and control of the Minister; and\n\n(b) must comply with any specific direction given by the Minister.\n\n(2) The Minister cannot give the Secretary any direction as to the quantum of any amount payable under section 68 of the **Rail Management Act 1996** for breach of a civil penalty provision within the meaning of that section.\n\nS. 38A inserted by No. 49/2019 s. 10.\n\n","sortOrder":49},{"sectionNumber":"38A","sectionType":"section","heading":"Directions from the Secretary","content":"\t38A Directions from the Secretary\n\n(1) The Secretary may give a written direction to a sector transport agency in respect of the performance by the sector transport agency of any of its functions.\n\n(2) A written direction under subsection (1) must not be inconsistent with—\n\n(a) any requirements under this Act or any transport legislation that apply to the sector transport agency in the performance of its functions or the exercise of its powers; or\n\n(b) any specific direction given by the Minister to the sector transport agency.\n\n(3) A sector transport agency must—\n\n(a) comply with a written direction given to it under subsection (1); and\n\n(b) provide a statement of its response to that direction to the Secretary, if required, within the period specified by the Secretary in the direction.\n\n(4) The **Subordinate Legislation Act 1994** does not apply to a written direction given under this section.\n\nS. 38A(5) amended by No. 34/2023 s. 74.\n\n(5) The operation of this section is not limited by section 64T, 115Q or 163.\n\nS. 38B inserted by No. 49/2019 s. 10.\n\n","sortOrder":50},{"sectionNumber":"38B","sectionType":"section","heading":"Conflicting directions","content":"\t38B Conflicting directions\n\n(1) If there is any inconsistency between a written direction given to a sector transport agency by the Secretary and a written direction given by the Minister, the direction given by the Minister prevails to the extent of the inconsistency.\n\n(2) An act or decision or the performance of a function or exercise of any power by a sector transport agency is not invalid only because of any inconsistency between—\n\n(a) directions given to the sector transport agency; and\n\n(b) functions performed or powers exercised by the sector transport agency.\n\n","sortOrder":51},{"sectionNumber":"39","sectionType":"section","heading":"Delegation by Secretary","content":"\t39 Delegation by Secretary\n\nS. 39(1) amended by No. 49/2019 s. 69.\n\n(1) The Secretary by instrument may delegate to any person any power, duty or function of the Secretary conferred or imposed by or under any Act including, subject to subsection (3), this power of delegation.\n\nS. 39(1A) inserted by No. 8/2019 s. 153.\n\n(1A) The Secretary must not delegate a function of the Secretary under section 7 of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** unless the Secretary is authorised to carry out that function.\n\n(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.\n\n(3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function.\n\n(4) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a sub-delegation under subsection (3) as if it were a delegation.\n\nPt 3 Div. 3A (Headings and ss 39A–39C) inserted by No. 49/2019 s. 11.\n\n","sortOrder":52},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Public Transport Fund and Roads Fund","content":"Division 3A—Public Transport Fund and Roads Fund\n\nS. 39A inserted by No. 49/2019 s. 11.\n\n","sortOrder":53},{"sectionNumber":"39A","sectionType":"section","heading":"Public Transport Fund","content":"\t39A Public Transport Fund\n\n(1) There must be established in the Public Account as part of the Trust Fund an account to be known as the Public Transport Fund.\n\n(2) Subject to subsection (4) and section 39B(2), the Head, Transport for Victoria must pay into the Public Transport Fund all trading revenue, interest and other money received by or paid to the Head, Transport for Victoria.\n\n(3) Subject to subsection (4) and in addition to subsection (2), there must be paid into the Public Transport Fund—\n\n(a) all amounts received under agreements, leases or licences to which the Head, Transport for Victoria, or another person on behalf of the Head, Transport for Victoria, is a party relating to, or connected with, transport services; and\n\n(b) all amounts allocated to the Head, Transport for Victoria in accordance with any agreement referred to in section 64D(2)(e).\n\n(4) The Treasurer or Minister administering Part 7 of the **Financial Management Act 1994** may specify a class or classes of money that would otherwise be payable into the Public Transport Fund under subsection (2) or (3) as money that must not be paid into that Fund.\n\n(5) There may be paid out of the Public Transport Fund—\n\n(a) amounts for, or in connection with, the performance of the functions of the Head, Transport for Victoria, including—\n\n(i) amounts to be paid under agreements, leases or licences to which the Head, Transport for Victoria, or another person on behalf of the Head, Transport for Victoria, is a party relating to, or connected with, transport services; and\n\n(ii) refunds of money under agreements relating to the provision of passenger services; or\n\n(b) amounts for other purposes as approved by the Treasurer or Minister administering Part 7 of the **Financial Management Act** **1994**; or\n\n(c) amounts required to be paid out by or under this Act or any other Act.\n\nS. 39B inserted by No. 49/2019 s. 11.\n\n","sortOrder":54},{"sectionNumber":"39B","sectionType":"section","heading":"Roads Fund","content":"\t39B Roads Fund\n\n(1) There must be established in the Public Account as part of the Trust Fund an account to be known as the Roads Fund.\n\n(2) Subject to subsection (3), the Secretary, or the Head, Transport for Victoria, must pay into the Roads Fund all trading revenue, interest and other money received by or paid to the Secretary, or the Head, Transport for Victoria, that is required to be paid into the Roads Fund by or under any Act.\n\nSee also section 97 of the **Road Safety Act 1986**.\n\n(3) The Treasurer or Minister administering Part 7 of the **Financial Management Act 1994** may specify a class or classes of money that would otherwise be payable into the Roads Fund under subsection (2) as money that must not be paid into that Fund.\n\n(4) There may be paid out of the Roads Fund—\n\n(a) amounts for, or in connection with, the performance of the functions of the Secretary, or the functions of the Head, Transport for Victoria, relating to the road system, including amounts to be paid under agreements, leases or licences to which the Secretary or Head, Transport for Victoria, or another person on behalf of the Secretary or Head, Transport for Victoria, is a party relating to, or connected with, transport services; or\n\n(b) amounts for other purposes as approved by the Treasurer or Minister administering Part 7 of the **Financial Management Act 1994**; or\n\n(c) amounts required to be paid out by or under this Act or any other Act.\n\nS. 39C inserted by No. 49/2019 s. 11.\n\n","sortOrder":55},{"sectionNumber":"39C","sectionType":"section","heading":"Closure of funds","content":"\t39C Closure of funds\n\n(1) Section 19(4) of the **Financial Management Act 1994** does not apply to the Public Transport Fund or Roads Fund.\n\n(2) The Minister administering section 19 of the **Financial Management Act 1994** may, with the approval of the Minister administering section 39A or 39B, direct that a trust account established under section 39A or 39B be closed and, after all liabilities of the trust account have been met, the trust account must be closed accordingly.\n\n(3) Section 19(5) of the **Financial Management Act** **1994** applies for the purposes of this section as if a reference to a trust account closed under that section were a reference to a trust account closed under this section.\n\nPt 3 Div. 4 (Heading and ss 40–50) repealed by No. 49/2019 s. 57.\n\nPt 3 Div. 5 (Heading and ss 51–62) repealed by No. 3/2017 s. 11.\n\n","sortOrder":56},{"sectionNumber":"Part 4","sectionType":"part","heading":"Planning","content":"Part 4—Planning\n\nS. 63 substituted by No. 61/2011 s. 8.\n\n","sortOrder":57},{"sectionNumber":"63","sectionType":"section","heading":"Transport plan","content":"\t63 Transport plan\n\nS. 63(1) substituted by Nos 3/2017 s. 12(1), 49/2019 s. 12(1).\n\n(1) The Secretary must prepare and periodically revise the transport plan.\n\nS. 63(1A) inserted by No. 3/2017 s. 12(1).\n\n(1A) The Secretary must provide a copy of the transport plan to the Minister.\n\n(2) The transport plan must—\n\n(a) set the planning framework within which transport bodies are to operate;\n\n(b) set out the strategic policy context for transport;\n\n(c) include medium to long term strategic directions, priorities and actions;\n\n(d) be prepared having regard to the vision statement, transport system objectives and decision making principles;\n\n(e) be prepared having regard to national transport and infrastructure priorities;\n\n(f) demonstrate an integrated approach to transport and land use planning;\n\n(g) identify the challenges that the transport plan seeks to address;\n\n(h) include a short term action plan that is regularly updated.\n\nS. 63(3) substituted by No. 3/2017 s. 12(2), repealed by No. 49/2019 s. 12(2).\n\n(4) The Minister may publish the transport plan.\n\nS. 64  amended by No. 34/2011 ss 4, 105, substituted by No. 3/2017 s. 13.\n\n","sortOrder":58},{"sectionNumber":"64","sectionType":"section","heading":"Corporate plans","content":"\t64 Corporate plans\n\n(1) The Department must—\n\nS. 64(1)(a)  amended by No. 49/2019 s. 13(a).\n\n(b) submit the corporate plan to the Secretary.\n\n(2) The Department must ensure that the corporate plan—\n\n(a) gives effect to the objects of the Department under this Act;\n\n(c) specifies strategic priorities and performance measures for the transport system;\n\nS. 64(2)(d)  amended by No. 49/2019 s. 13(b).\n\n(d) specifies the Department's strategic priorities and performance measures.\n\n(3) A sector transport agency must—\n\nS. 64(3)(a)  amended by No. 49/2019 s. 13(c)(i).\n\nS. 64(3)(b)  amended by No. 49/2019 s. 13(c)(ii).\n\n(4) A sector transport agency must ensure that the corporate plan—\n\n(a) gives effect to the object of the sector transport agency;\n\nS. 64(4)(ba)  inserted by No. 49/2019 s. 13(d).\n\n(ba) complies with the guidelines issued by the Secretary (if any);\n\nS. 64(4)(c)  amended by No. 49/2019 s. 13(e).\n\n(5) A sector transport agency must when preparing its corporate plan consult with any other transport body which may be affected by the corporate plan so as to ensure that any possible effects are dealt with in an agreed manner.\n\nS. 64(6)  amended by No. 49/2019 s. 13(f).\n\n(6) The Department must provide assistance to sector transport agencies and facilitate consultation between transport bodies to enable sector transport agencies to comply with this section.\n\n(7) VicTrack must—\n\nS. 64(7)(a)  amended by No. 49/2019 s. 13(g).\n\n(8) VicTrack must ensure that the corporate plan—\n\n(a) gives effect to the object of VicTrack;\n\n(9) VicTrack must when preparing its corporate plan—\n\n(a) consult with the Department;\n\n(b) consult with any other transport body which may be affected by the corporate plan so as to ensure that any possible effects are dealt with in an agreed manner.\n\nS. 64(10) amended by No. 34/2023 s. 100(1).\n\n(10) The Chief Investigator, Transport Safety must—\n\nS. 64(10)(a)  amended by No. 49/2019 s. 13(g).\n\nS. 64(11) amended by No. 34/2023 s. 100(2)(a).\n\n(11) The Chief Investigator, Transport Safety must ensure that the corporate plan—\n\nS. 64(11)(a) amended by No. 34/2023 s. 100(2)(b).\n\n(a) gives effect to the object of the Chief Investigator, Transport Safety;\n\nS. 64(12) amended by No. 34/2023 s. 100(3).\n\n(12) The Chief Investigator, Transport Safety must when preparing its corporate plan—\n\n(a) consult with the Department;\n\n(b) consult with any other transport body which may be affected by the corporate plan so as to ensure that any possible effects are dealt with in an agreed manner.\n\nS. 64(13) amended by No. 34/2023 s. 100(4).\n\n(13) The Department must provide assistance to VicTrack and the Chief Investigator, Transport Safety and facilitate consultation between transport bodies to enable VicTrack and the Chief Investigator, Transport Safety to comply with this section.\n\n(14) The Secretary must provide a copy of all corporate plans submitted under this section to the Minister.\n\n(15) In this section—\n\nS. 64(15) def. of *corporate plan* amended by No. 49/2019 s. 13(h)(i).\n\n***corporate plan*** means an annual plan that includes—\n\n(a) challenges, priorities and strategies;\n\n(b) performance measures;\n\n(c) major initiatives and projects.\n\nS. 64(15)  def. of *outlook period* repealed by No. 49/2019 s. 13(h)(ii).\n\nPt 4A (Heading) substituted by No. 49/2019 s. 14(1).\n\nPt 4A (Headings and ss 64A–66O) inserted by No. 3/2017 s. 3.\n\n","sortOrder":59},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Head, Transport for Victoria","content":"Part 4A—Head, Transport for Victoria\n\nPt 4A Div. 1 (Heading) repealed by No. 49/2019 s. 14(2).\n\nS. 64A inserted by No. 3/2017 s. 3, substituted by No. 49/2019 s. 3.\n\n","sortOrder":60},{"sectionNumber":"64A","sectionType":"section","heading":"Establishment","content":"\t64A Establishment\n\n(1) The Head, Transport for Victoria is established.\n\n(2) The Head, Transport for Victoria consists of one member appointed in accordance with section 64AE as entity Head of the Head, Transport for Victoria.\n\n(3) The Head, Transport for Victoria—\n\n(a) is a body corporate with perpetual succession; and\n\n(b) has an official seal; and\n\n(c) may sue and be sued; and\n\n(d) may acquire, hold and dispose of real and personal property; and\n\nS. 64AB inserted by No. 49/2019 s. 3.\n\n\t64AB Official seal\n\n(1) The official seal of the Head, Transport for Victoria—\n\n(a) must be kept in custody as directed by the Head, Transport for Victoria; and\n\n(b) must not be used except as authorised by the Head, Transport for Victoria.\n\n(2) All courts must take judicial notice of the seal of the Head, Transport for Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.\n\nS. 64ABA inserted by No. 34/2023 s. 123.\n\n\t64ABA Execution of deeds without official seal and electronically\n\n(1) The Head, Transport for Victoria may execute a deed without using the official seal if the deed is signed by—\n\n(a) the entity Head of the Head, Transport for Victoria; or\n\n(b) an employee in the Department who is authorised by the Head, Transport for Victoria.\n\n(2) The **Electronic Transactions (Victoria) Act 2000** applies to a deed executed under subsection (1) as if in section 12A(1) of that Act, for \"signed, sealed and delivered\" there were substituted \"signed and delivered\".\n\nS. 64AC inserted by No. 49/2019 s. 3.\n\n\t64AC Head, Transport for Victoria represents the Crown\n\nIn performing its functions and exercising its powers, the Head, Transport for Victoria represents the Crown.\n\nS. 64AD inserted by No. 49/2019 s. 3.\n\n\t64AD Role of entity Head\n\nThe entity Head of the Head, Transport for Victoria is responsible for the management of the functions of the Head, Transport for Victoria consistent with the primary object of the Head, Transport for Victoria.\n\nS. 64AE inserted by No. 49/2019 s. 3.\n\n\t64AE Appointment of entity Head\n\n(1) The Secretary may appoint a person employed in the Department under Part 3 of the **Public Administration Act 2004** as entity Head of the Head, Transport for Victoria.\n\n(2) Before any person is appointed as provided under subsection (1), the Minister must endorse that person's appointment.\n\nS. 64AF inserted by No. 49/2019 s. 3.\n\n\t64AF Appointment of acting entity Head\n\n(1) If the entity Head of the Head, Transport for Victoria is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of entity Head, the Secretary may appoint any of the following persons to act as entity Head—\n\n(a) a person employed in the Department under Part 3 of the **Public Administration Act 2004**;\n\n(b) an Administrative Office Head of an Administrative Office in relation to the Department;\n\n(c) the chief executive officer (however described) of a sector transport agency.\n\n(2) A person's appointment under subsection (1) need not be endorsed by the Minister before their appointment, if their appointment will be for a period not exceeding 4 weeks.\n\n(3) A person appointed under this section to act in the place of the entity Head of the Head, Transport for Victoria, while so acting—\n\n(a) has all the rights and powers, and must perform all the duties, of entity Head of the Head, Transport Victoria; and\n\n(b) is to be paid any remuneration and travelling or other allowances fixed by the Secretary from time to time.\n\n(4) In this section—\n\n***Administrative Office*** and ***Administrative Office Head*** have the same meaning as in section 4(1) of the **Public Administration Act 2004**.\n\nS. 64B inserted by No. 3/2017 s. 3, substituted by No. 49/2019 s. 15.\n\n","sortOrder":61},{"sectionNumber":"64B","sectionType":"section","heading":"Object of the Head, Transport for Victoria","content":"\t64B Object of the Head, Transport for Victoria\n\nThe primary object of the Head, Transport for Victoria is to coordinate, provide, operate and maintain the public transport system and the road system consistent with the vision statement and the transport system objectives and includes the following—\n\n(a) to ensure, in collaboration with other transport bodies and public entities, that the public transport system and the road system operate as part of an integrated transport system which seeks to meet the needs of all transport system users;\n\n(b) to manage the public transport system and the road system in a manner which supports a sustainable Victoria—\n\n(i) by seeking to increase the share of public transport, walking and cycling trips as a proportion of all transport trips in Victoria; and\n\n(ii) by actively promoting public transport to Victorian families and other members of the community as an alternative to travelling by motor car; and\n\n(iii) while seeking to give effect to subparagraphs (i) and (ii), by also seeking to improve the environmental performance and to minimise the adverse environmental impacts of the public transport system and the road system;\n\n(c) to contribute to social wellbeing by providing access to opportunities and supporting liveable communities;\n\n(d) to promote economic prosperity by facilitating efficient and reliable movement of public transport users, road users and goods while also supporting rail freight services;\n\n(e) to improve the safety of the public transport system and the road system for the users of those systems.\n\nS. 64C inserted by No. 3/2017 s. 3, substituted by No. 49/2019 s. 15.\n\n","sortOrder":62},{"sectionNumber":"64C","sectionType":"section","heading":"Functions of the Head, Transport for Victoria","content":"\t64C Functions of the Head, Transport for Victoria\n\n(1) The functions of the Head, Transport for Victoria are to—\n\n(a) improve the public transport system in Victoria by—\n\n(i) providing and disseminating, or arranging for the provision and dissemination of, including by maintaining a public transport website on the Internet, information on public transport matters, including services, fares and timetables; and\n\n(ii) providing consistent information and signage on public transport infrastructure; and\n\n(iii) managing relationships with, and between, stakeholders in the public transport system; and\n\n(b) in relation to transport infrastructure—\n\n(i) construct, maintain or vary public transport infrastructure, including rail infrastructure; and\n\n(ii) construct, maintain, vary or manage roads, road-related infrastructure, roadsides and other related transport assets; and\n\n(iii) manage operational public transport infrastructure (including rail infrastructure) and other transport assets, including by setting standards for the maintenance and condition of that infrastructure and those assets; and\n\n(c) manage leases of rail infrastructure used for the provision of freight and related services; and\n\n(d) manage the coordination of trams, trains and buses, including by providing operational advice and assurance to the Secretary regarding the implementation of timetabling and connectivity of passenger services; and\n\n(e) provide and disseminate information to Victorians about the road system and related matters, including on a commercial basis consistent with government policy; and\n\n(f) develop and implement operational policies, strategies and plans to improve—\n\n(i) the safety of passenger services; and\n\n(ii) the security of the public transport system; and\n\n(iii) the safety of the road system, including through works to improve the safety of road and road-related infrastructure; and\n\n(g) develop and implement, and support the development and implementation of, operational policies, strategies and plans, including through standards, guidelines and practices, for the public transport system, the road system and related matters under the Secretary's planning framework; and\n\n(h) support the Secretary to plan for the public transport system and road system as part of an integrated transport system under the Secretary's planning framework; and\n\n(i) provide advice to the Secretary to assist in the development of strategic and regulatory policy, and legislation, relating to the public transport system and road system and related matters; and\n\n(j) provide and operate, or facilitate the provision and operation of, public transport, including by—\n\n(i) entering into and managing contracts for the provision of passenger services and other ancillary or incidental transport services; and\n\n(ii) providing passenger services and other ancillary or incidental transport services; and\n\n(iii) putting into service and maintaining rolling stock, buses or other vehicles for passenger services or other ancillary or incidental transport services; and\n\n(iv) supporting the Secretary in procuring passenger services, rolling stock and transport assets, including other ancillary or incidental transport services and assets, as directed by the Secretary; and\n\n(v) with the approval of the Secretary, procuring passenger services, rolling stock and transport assets; and\n\n(k) provide and operate, or facilitate the provision and operation of, ticketing systems used for the public transport system and manage ongoing improvements in ticketing systems for the public transport system; and\n\n(l) operate the road system by managing access and controlling use, including by—\n\n(i) installing, operating and maintaining road and road-related infrastructure such as signals, signage, line markings, intelligent transport systems and other road management systems; and\n\n(ii) implementing road space allocation measures to give priority to particular modes of transport at certain times on specified roads or parts of roads; and\n\n(iii) managing road works and incidents and events on roads in a manner which minimises disruption to the road system; and\n\n(m) facilitate the establishment, management and operation of an integrated transport service centre as directed by the Secretary; and\n\n(n) monitor and report to the Minister and the Secretary on whether the provision of passenger services meets contractual obligations and Government and community expectations, including through conducting surveys in relation to customer satisfaction; and\n\n(o) protect, and support the Secretary to protect, future options for the improvement of the transport system, including by holding, retaining and reserving land for future transport corridors; and\n\n(p) support the development of, and develop and implement, effective environmental policies, strategies and management systems under the Secretary's planning framework to support a sustainable transport system, including minimising any adverse environmental impacts from the public transport system and road system; and\n\n(q) support the planning, development and maintenance of cycling and walking paths and related infrastructure; and\n\n(r) provide technical, project management, consultancy, data and information services relating to the transport system, including on a commercial basis consistent with government policy; and\n\n(s) carry out enforcement functions conferred on the Head, Transport for Victoria; and\n\n(t) if authorised by the Secretary to do so, carry out any of the Secretary's enforcement functions conferred by or under any Act that are specified in the authorisation, including by implementing an appropriate enforcement strategy as required by the Secretary; and\n\n(u) perform any other functions or duties conferred on the Head, Transport for Victoria by or under this Act or any other Act.\n\n(2) In performing the functions conferred on the Head, Transport for Victoria, the Head, Transport for Victoria must—\n\n(a) where relevant, engage with stakeholders so as to ensure better outcomes for all Victorians; and\n\n(b) efficiently deal with any complaints relating to the performance of—\n\n(i) the public transport system; and\n\n(ii) the functions of the Head, Transport for Victoria; and\n\n(iii) a public transport operator; and\n\n(c) perform the functions consistently with Government policies and strategies for rail freight in Victoria; and\n\n(d) balance the rail usage needs of public transport and freight.\n\n(3) After consultation with the Secretary and with the approval of the Minister, the Head, Transport for Victoria may perform the function specified in subsection (1)(r) for any purpose unrelated to the transport system including law enforcement.\n\n(4) The Head, Transport for Victoria must report to the Secretary in the manner and form determined by the Secretary on all matters relating to the performance of functions and the exercise of powers by the Head, Transport for Victoria by or under this Act and any other Act.\n\n(5) The Head, Transport for Victoria must have regard to the central role of the Secretary and the Department in respect of the transport system and related matters when performing the functions, and exercising the powers, of the Head, Transport for Victoria.\n\n(6) The functions of the Head, Transport for Victoria do not include the development of legislation, strategic and regulatory policy and related matters.\n\n(7) However, the Head, Transport for Victoria may advise or comment on the development of legislation, strategic and regulatory policy and related matters.\n\n(8) The Head, Transport for Victoria may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.\n\nS. 64D (Heading) amended by No. 49/2019 s. 16(1).\n\nS. 64D inserted by No. 3/2017 s. 3.\n\n","sortOrder":63},{"sectionNumber":"64D","sectionType":"section","heading":"Powers of the Head, Transport for Victoria","content":"\t64D Powers of the Head, Transport for Victoria\n\nS. 64D(1) substituted by No. 49/2019 s. 16(2).\n\n(1) The Head, Transport for Victoria has power to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the achievement of its object and the performance of its functions.\n\nS. 64D(2) amended by No. 49/2019 s. 16(3)(a).\n\n(2) Without limiting the generality of subsection (1), the Head, Transport for Victoria may—\n\nS. 64D(2)(a) amended by No. 49/2019 s. 16(3)(b).\n\n(a) conduct or undertake the administration of arrangements entered into with any person or body to provide transport services in connection with the functions of the Head, Transport for Victoria;\n\nS. 64D(2)(b)(c) repealed by No. 49/2019 s. 16(3)(c).\n\n(d) acquire, own, build, maintain and operate public transport infrastructure and related infrastructure;\n\n(e) enter into an agreement relating to the allocation of revenue which is derived from the provision of transport services;\n\nS. 64D(2)(f) amended by No. 49/2019 s. 16(3)(d).\n\n(f) give indemnities, guarantees, releases and charges, and anything else of a similar nature.\n\nS. 64D(2)(g) repealed by No. 49/2019 s. 16(3)(e).\n\nS. 64D(3) amended by No. 49/2019 s. 16(4)(a).\n\n(3) Without limiting the generality of subsection (1), the Head, Transport for Victoria may—\n\nS. 64D(3)(aaa) inserted by No. 49/2019 s. 16(4)(b).\n\n(aaa) enter into any agreement or contract;\n\nS. 64D(3)(aab) inserted by No. 49/2019 s. 16(4)(b).\n\n(aab) enter into any lease or licence;\n\n(a) participate in the formation of a corporation, trust, partnership or other body;\n\n(b) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation;\n\n(c) become a member of a company limited by guarantee;\n\n(d) subscribe for or otherwise acquire, and hold and dispose of, units in a trust;\n\n(e) acquire, and hold and dispose of, an interest in a partnership or other body;\n\nS. 64D(3)(f) amended by No. 49/2019 s. 16(4)(c).\n\n(f) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the Head, Transport for Victoria;\n\nS. 64D(3)(fa) inserted by No. 49/2019 s. 16(4)(d).\n\n(fa) make any land or other property vested in or managed by the Head, Transport for Victoria available for use or engagement by any other person;\n\nS. 64D(3)(fb) inserted by No. 49/2019 s. 16(4)(d).\n\n(fb) dispose of land, or an interest in land, to another transport body for nominal consideration;\n\nS. 64D(3)(fc) inserted by No. 49/2019 s. 16(4)(d).\n\n(fc) accept the transfer of land, or an interest in land, from another transport body for nominal consideration;\n\n(g) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trademark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);\n\n(h) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right;\n\n(i) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;\n\nS. 64D(3)(j) amended by No. 49/2019 s. 16(4)(e).\n\n(j) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit, any copyright;\n\n(k) engage consultants, contractors or agents;\n\n(l) act as an agent of another person.\n\nS. 64D(3A) inserted by No. 49/2019 s. 16(5).\n\n(3A) Without limiting the generality of subsection (1), the Head, Transport for Victoria has the following powers for the purposes of performing the functions specified in section 64C(1)(r) for any purpose unrelated to the transport system as approved under section 64C(3)—\n\n(a) to apply for, obtain and hold intellectual property rights (including patents, copyrights, trademarks and registered designs);\n\n(b) to enter into agreements or arrangements for the commercial exploitation within or outside Victoria of those intellectual property rights and ancillary services on any terms or conditions as to royalties, lump sum payments or otherwise as the Head, Transport for Victoria determines;\n\n(c) to enter into agreements or arrangements within or outside Victoria for the provision by the Head, Transport for Victoria of administration or management, or data and information, services or systems.\n\nS. 64D(4) amended by No. 49/2019 s. 16(6).\n\n(4) Despite subsection (3)(a), the Head, Transport for Victoria cannot in relation to the provision of regional transport services participate in the formation of a corporation without the consent of the Premier, the Treasurer and the Minister.\n\nS. 64D(5) amended by No. 49/2019 s. 16(6).\n\n(5) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on the Head, Transport for Victoria.\n\nSs 64E, 64F inserted by No. 3/2017 s. 3, repealed by No. 49/2019 s. 17.\n\nS. 64G inserted by No. 3/2017 s. 3.\n\n","sortOrder":64},{"sectionNumber":"64G","sectionType":"section","heading":"Compulsory acquisition of land","content":"\t64G Compulsory acquisition of land\n\nS. 64G(1) substituted by No. 49/2019 s. 18(1).\n\n(1) Subject to the approval of the Minister, the Head, Transport for Victoria may compulsorily acquire any land which is or may be required by it for or in connection with the performance of its functions or the exercise of its powers.\n\nS. 64G(2)(b) amended by No. 49/2019 s. 18(2).\n\n(b) the Head, Transport for Victoria is the Authority;\n\n(c) ***land*** includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land;\n\n(d) section 75 of the **Land Acquisition and Compensation Act 1986** has effect as if it empowered the Authority to enter any land and section 75(6) did not apply.\n\nS. 64G(3) amended by No. 49/2019 s. 18(3)(a)(b).\n\n(3) In full or part settlement of any compensation that the Head, Transport for Victoria is liable to pay, the Head, Transport for Victoria may—\n\nS. 64G(3)(a) amended by No. 49/2019 s. 18(3)(c).\n\n(a) transfer a building from land owned by a person entitled to the compensation to other land owned either by that person or by the Head, Transport for Victoria; or\n\nS. 64G(3)(b) amended by No. 49/2019 s. 18(3)(c).\n\n(b) transfer a building from land owned by the Head, Transport for Victoria to other land owned either by the Head, Transport for Victoria or by a person entitled to the compensation.\n\nS. 64G(4) amended by No. 49/2019 s. 18(4)(a).\n\n(4) If the Head, Transport for Victoria acquires any land compulsorily under this section—\n\nS. 64G(4)(a) amended by No. 49/2019 s. 18(4)(b)(c).\n\n(a) the Head, Transport for Victoria may require the owner of the land to take any land adjoining it that is owned by the Head, Transport for Victoria and is no longer required by the Head, Transport for Victoria; and\n\n(b) the value of that adjoining land must be deducted from any sum to be paid by way of compensation to the owner for the compulsory acquisition; and\n\nS. 64G(4)(c) amended by No. 49/2019 s. 18(4)(c).\n\n(c) if that value cannot be agreed between the Head, Transport for Victoria and the owner it must be settled in the same manner and at the same time as the compensation to be paid to the owner.\n\nS. 64H inserted by No. 3/2017 s. 3.\n\n","sortOrder":65},{"sectionNumber":"64H","sectionType":"section","heading":"Easements","content":"\t64H Easements\n\nS. 64H(1) amended by No. 49/2019 s. 70(a).\n\n(1) If any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by the Head, Transport for Victoria, it is deemed for all purposes to be an easement even though there is no land vested in or held by the Head, Transport for Victoria that is in fact benefited or capable of being benefited by that right.\n\nS. 64H(2) amended by No. 49/2019 s. 70(b).\n\n(2) If by or under this Act any private right of way or easement is extinguished or any easement is acquired by the Head, Transport for Victoria—\n\n(a) the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and\n\n(b) the holder of any relevant certificate of title must deliver it to the Registrar of Titles.\n\nS. 64H(3) amended by No. 49/2019 s. 70(b).\n\n(3) Subsection (2) does not apply to an easement acquired compulsorily by the Head, Transport for Victoria.\n\nS. 64I (Heading) amended by No. 49/2019 s. 71(1).\n\nS. 64I inserted by No. 3/2017 s. 3.\n\n","sortOrder":66},{"sectionNumber":"64I","sectionType":"section","heading":"Head, Transport for Victoria may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978","content":"\t64I Head, Transport for Victoria may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978\n\nS. 64I(1) amended by No. 49/2019 s. 71(2).\n\n(1) The Head, Transport for Victoria may use any Crown land for transport purposes with the approval of the Minister administering the Act relating to the management or use of the land given by the Minister in accordance with any requirements which apply under that Act.\n\nS. 64I(2) amended by No. 49/2019 s. 71(2).\n\n(2) If any Crown land proposed to be so used or managed by the Head, Transport for Victoria is reserved under the **Crown Land (Reserves) Act 1978** for a purpose which is inconsistent with that use or management, the Head, Transport for Victoria cannot use or manage the land unless and until the reservation is revoked in accordance with section 9 of that Act.\n\nS. 64I(3) amended by No. 49/2019 s. 71(2).\n\n(3) The Head, Transport for Victoria must make compensation, in respect of the use or management under this section by the Head, Transport for Victoria of any Crown land reserved under the **Crown Land (Reserves) Act 1978** for a purpose inconsistent with that use, in the manner and to the extent agreed upon by the Head, Transport for Victoria and the Minister administering the **Crown Land (Reserves) Act 1978**.\n\n(4) An agreement under subsection (3) may provide for—\n\nS. 64I(4)(a) amended by No. 49/2019 s. 71(2).\n\n(a) the payment by the Head, Transport for Victoria of a sum of money as agreed upon by the Head, Transport for Victoria and the Minister administering the **Crown Land (Reserves) Act 1978**; or\n\nS. 64I(4)(b) amended by No. 49/2019 s. 71(2).\n\n(b) the undertaking of works or the making of provision by the Head, Transport for Victoria in place of any improvements on the land as agreed upon by the Head, Transport for Victoria and the Minister administering the **Crown Land (Reserves) Act 1978**; or\n\n(c) both the payment of a sum of money in accordance with paragraph (a) and the undertaking of works or the making of provision in accordance with paragraph (b).\n\n(5) If an agreement under subsection (3) provides for the payment of a sum of money, that money must, unless the Minister administering the **Crown Land (Reserves) Act 1978** otherwise directs, be paid to that Minister.\n\n(6) The Minister administering the **Crown Land (Reserves) Act 1978** may direct that money to be paid under an agreement under subsection (3) must be—\n\n(a) paid to—\n\n(i) the trustees in whom or the Council in which the land is vested; or\n\n(ii) the committee of management appointed in respect of the land; or\n\n(iii) the authority under whose control and management the land has been placed pursuant to section 18 of the **Crown Land (Reserves) Act 1978**; or\n\nS. 64I(6)(a)(iv) amended by No. 49/2019 s. 71(2).\n\n(iv) any other person or persons as are agreed upon by the Head, Transport for Victoria and the Minister administering the **Crown Land (Reserves) Act 1978**; and\n\n(b) applied as directed by the Minister.\n\n(7) If any dispute arises as to the amount of any sum of money payable under this section, that dispute is to be determined by the Governor in Council.\n\nS. 64IA inserted by No. 19/2020 s. 108.\n\n\t64IA Obligations of Head, Transport for Victoria in relation to the Great Ocean Road region\n\n(1) The Head, Transport for Victoria, when performing a function or duty or exercising a power under this Act or any other Act—\n\n(a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Head, Transport for Victoria in relation to the Great Ocean Road scenic landscapes area; and\n\n(b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and\n\n(c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Head, Transport for Victoria in relation to the Great Ocean Road region.\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Head, Transport for Victoria in relation to a declared project within the meaning of the **Major Transport Projects Facilitation Act 2009**.\n\nS. 64J inserted by No. 3/2017 s. 3.\n\n\t64J Grant of unalienated Crown land\n\nS. 64J(1) amended by No. 49/2019 s. 19(1).\n\n(1) This section applies to any land used or managed by the Head, Transport for Victoria under this Act which was immediately prior to its use or management for transport purposes unalienated land of the Crown whether set apart as a government road or not.\n\nS. 64J(2) amended by No. 49/2019 s. 19(2).\n\n(2) Subject to subsection (3), the Governor in Council, on the recommendation of the Minister administering section 22A of the **Land Act 1958**, may grant that land to the Head, Transport for Victoria subject to any conditions, exceptions and reservations as the Governor in Council considers appropriate.\n\n(3) This section is subject to section 8 of the **Crown Land (Reserves) Act 1978** and section 349 of the **Land Act 1958**.\n\nS. 64JA inserted by No. 49/2019 s. 20.\n\n\t64JA Obligations of Head, Transport for Victoria in relation to Yarra River land\n\n(1) The Head, Transport for Victoria—\n\n(a) must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Head, Transport for Victoria when performing a function or duty or exercising a power under this Act or any other Act in relation to Yarra River land; and\n\n(b) must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Head, Transport for Victoria, when performing a function or duty or exercising a power under this Act or any other Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.\n\nS. 64JA(2) substituted by No. 43/2021 s. 219(Sch. 1 item 11.2).\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Head, Transport for Victoria in relation to—\n\nS. 64JB inserted by No. 49/2019 s. 20.\n\n\t64JB Obligations of Head, Transport for Victoria in relation to declared areas\n\n(1) The Head, Transport for Victoria, when performing a function or duty or exercising a power under this Act in relation to a declared area—\n\n(a) must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Head, Transport for Victoria; and\n\n(b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Head, Transport for Victoria; and\n\n(c) must have regard to the principles set out in section 46AZL of the **Planning and Environment Act 1987**.\n\nS. 64JB(2) substituted by No. 43/2021 s. 219(Sch. 1 item 11.3).\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Head, Transport for Victoria in relation to—\n\nS. 64JC inserted by No. 49/2019 s. 20.\n\n\t64JC Disposal of assets in exchange for lease\n\nThe Head, Transport for Victoria may, after consultation with the Secretary and with the approval of the Minister administering Part 7 of the **Financial Management Act 1994** and the Minister, dispose of any real or personal property under an arrangement by which the Head, Transport for Victoria is to take a lease of the property disposed of or of any other real or personal property.\n\nS. 64JD inserted by No. 49/2019 s. 20.\n\n\t64JD Surplus land\n\n(1) The Head, Transport for Victoria may, after consultation with the Secretary and with the approval of the Minister, do any one or more of the following—\n\n(a) sell any surplus land;\n\n(b) grant leases of any surplus land, or in the case of the Secretary, Victorian Rail Track or V/Line Corporation, grant a lease of any land for nominal consideration, and may do so notwithstanding that the land is—\n\n(i) land which was granted to the Head, Transport for Victoria or to any other person subject to a trust or condition requiring it to be used for some particular purpose; or\n\n(ii) land temporarily or permanently reserved for any purpose under the **Crown Land (Reserves) Act 1978** or any previous Act relating to Crown land;\n\n(c) develop any surplus land and for this purpose may do any one or more of the following—\n\n(i) subdivide and re-subdivide the land;\n\n(ii) consolidate the title to the land;\n\n(iii) grant or create in favour of any person any easement over the land upon the terms and conditions that the Head, Transport for Victoria considers appropriate;\n\n(iv) effect or arrange with other persons for the development of the land upon the terms and conditions that the Head, Transport for Victoria considers appropriate;\n\n(v) maintain, operate and manage, or arrange with other persons to maintain, operate and manage, the land and any buildings, works, structures and other property on the land;\n\n(vi) promote a Property Trust and—\n\n(A) with the consent of the Minister administering Part 7 of the **Financial Management Act 1994**, subscribe for or otherwise acquire and dispose of any unit or units in the Trust; or\n\n(B) enter into arrangements with the Trust for the management by the Head, Transport for Victoria of the Trust; or\n\n(C) enter into contracts with the Trust as the Head, Transport for Victoria considers are necessary to guarantee to unit holders in the Trust an agreed return; or\n\n(D) make loans to the Trust on the terms the Head, Transport for Victoria considers appropriate.\n\n(2) Any Property Trust promoted under this section must provide that the trustees are to be appointed by the Minister.\n\n(3) In this section—\n\n***develop*** means improve land for any commercial or civic or other public or private purpose, including by the construction, demolition or substantial alteration of any structure in or upon the land or the excavation of the land;\n\n***surplus land*** means land which—\n\n(a) is vested in the Head, Transport for Victoria; and\n\n(b) is no longer required for transport purposes.\n\nS. 64K inserted by No. 3/2017 s. 3.\n\n","sortOrder":67},{"sectionNumber":"64K","sectionType":"section","heading":"Acquisition of land or interest in land to achieve environmental sustainability","content":"\t64K Acquisition of land or interest in land to achieve environmental sustainability\n\nS. 64K(1) amended by No 49/2019 s. 72(a).\n\n(1) The power conferred by this section is in addition to, and does not limit, any other power conferred on the Head, Transport for Victoria.\n\nS. 64K(2) amended by No 49/2019 s. 72(b).\n\n(2) The Head, Transport for Victoria may acquire by negotiation any land or interest in any land which the Head, Transport for Victoria considers is reasonably necessary to avoid, minimise and offset harm to the local and global environment arising out of the performance of its functions or the exercise of its powers.\n\nS. 64L inserted by No. 3/2017 s. 3.\n\n","sortOrder":68},{"sectionNumber":"64L","sectionType":"section","heading":"Powers to enter land for investigative purposes","content":"\t64L Powers to enter land for investigative purposes\n\nS. 64L(1) amended by No. 49/2019 s. 73.\n\n(1) The Head, Transport for Victoria may enter any land and do all things necessary and convenient for investigative purposes to determine whether the land should be compulsorily acquired.\n\nS. 64L(2) amended by No. 49/2019 s. 73.\n\n(2) The Head, Transport for Victoria may exercise the powers conferred by this section on the Head, Transport for Victoria by any person who is authorised in writing by the Head, Transport for Victoria to do so.\n\nS. 64L(3) amended by No. 49/2019 s. 73.\n\n(3) The Head, Transport for Victoria must not exercise a power under this section unless—\n\nS. 64L(3)(a) amended by No. 49/2019 s. 73.\n\n(a) the Head, Transport for Victoria has given 7 days' notice in writing to the occupier of the land that is to be entered; or\n\n(4) A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless the occupier consents to a different time.\n\nS. 64L(5) amended by No. 49/2019 s. 73.\n\n(5) In exercising powers under this section, the Head, Transport for Victoria must—\n\n(c) remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;\n\nS. 64L(5)(d) amended by No. 49/2019 s. 73.\n\n(d) leave the land as nearly as possible in the condition in which the Head, Transport for Victoria found it;\n\nS. 64L(6) amended by No. 49/2019 s. 73, substituted by No. 19/2022 s. 28.\n\n(6) The Head, Transport for Victoria is liable to pay compensation (other than rent) to a person with an interest in the land entered under this section if, as a direct, natural and reasonable consequence of the entry, the person—\n\n(a) sustained pecuniary loss; or\n\n(b) incurred any expense.\n\nS. 64L(7) substituted by No. 19/2022 s. 28.\n\n(7) Compensation under subsection (6) must be claimed and dealt with in accordance with the **Land Acquisition and Compensation Act 1986**, as if it were a claim under section 47(1) of that Act.\n\nS. 64M inserted by No. 3/2017 s. 3, amended by No. 49/2019 s. 74.\n\n","sortOrder":69},{"sectionNumber":"64M","sectionType":"section","heading":"Power to enter building","content":"\t64M Power to enter building\n\nThe Head, Transport for Victoria may after giving 7 days' notice in writing to the occupier of a building—\n\n(a) enter the building at any reasonable hour in the day-time;\n\n(b) inspect, make measurements and drawings and take photographs of the building;\n\nS. 64M(c) amended by No. 49/2019 s. 74.\n\n(c) take any other measures the Head, Transport for Victoria considers are necessary to ascertain the construction and condition of the building.\n\nS. 64N inserted by No. 3/2017 s. 3.\n\n","sortOrder":70},{"sectionNumber":"64N","sectionType":"section","heading":"Powers to enter land to construct or maintain works","content":"\t64N Powers to enter land to construct or maintain works\n\nS. 64N(1) amended by No. 49/2019 s. 75.\n\n(1) The Head, Transport for Victoria may enter any land and do all things necessary and convenient for constructing, maintaining, altering and using any works in the performance of its functions.\n\nS. 64N(2) amended by No. 49/2019 s. 75.\n\n(2) The Head, Transport for Victoria may exercise the powers conferred by this section on the Head, Transport for Victoria by any person who is authorised in writing by the Head, Transport for Victoria to do so.\n\nS. 64N(3) amended by No. 49/2019 s. 75.\n\n(3) The Head, Transport for Victoria must not exercise a power under this section unless—\n\nS. 64N(3)(a) amended by No. 49/2019 s. 75.\n\n(a) the Head, Transport for Victoria has given 7 days' notice in writing to the occupier of the land that is to be entered; or\n\n(4) A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless the occupier consents to a different time.\n\nS. 64N(5) amended by No. 49/2019 s. 75.\n\n(5) In exercising powers under this section, the Head, Transport for Victoria must—\n\n(c) remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;\n\nS. 64N(5)(d) amended by No. 49/2019 s. 75.\n\n(d) leave the land as nearly as possible in the condition in which the Head, Transport for Victoria found it;\n\nS. 64N(6) amended by No. 49/2019 s. 75.\n\n(6) If the Head, Transport for Victoria has caused any damage to land while exercising a power under this section, the Head, Transport for Victoria must pay compensation to the owner and any other person with an interest in the land.\n\n(7) Compensation under subsection (6)—\n\n(a) may, if so agreed by the person entitled to the compensation, be paid as a lump sum or by way of an annual rent; or\n\n(b) if no agreement can be reached, must be determined in the manner provided in the **Land Acquisition and Compensation Act 1986**.\n\nS. 64O inserted by No. 3/2017 s. 3.\n\n","sortOrder":71},{"sectionNumber":"64O","sectionType":"section","heading":"Financial accommodation","content":"\t64O Financial accommodation\n\nS. 64O(1) amended by No. 49/2019 s. 76(a).\n\n(1) The Head, Transport for Victoria may, with the approval of the Secretary, obtain financial accommodation by way of overdraft of account at any authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth or other financial institution in Australia.\n\n(2) The Secretary must not give approval under subsection (1) unless the Secretary has obtained the agreement of the Minister and the Treasurer to the proposed financial accommodation.\n\n(3) The due repayment or satisfaction of any advances or financial accommodation obtained under this section and the due repayment of any interest or other charges payable in relation thereto is hereby guaranteed by the Government of Victoria.\n\n(4) Any money required by the Minister administering Part 7 of the **Financial Management Act 1994** for fulfilling any guarantee given by this section must be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.\n\nS. 64O(5) amended by No. 49/2019 s. 76(b).\n\n(5) Any money received or recovered by the Minister administering Part 7 of the **Financial Management Act 1994** from the Head, Transport for Victoria or otherwise in respect of any money paid by that Minister under subsection (4) must be paid into the Consolidated Fund.\n\nS. 64P inserted by No. 3/2017 s. 3.\n\n","sortOrder":72},{"sectionNumber":"64P","sectionType":"section","heading":"Power of Treasurer to execute guarantee","content":"\t64P Power of Treasurer to execute guarantee\n\nS. 64P(1) substituted by No. 49/2019 s. 21(1).\n\n(1) The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance of any obligations of the Head, Transport for Victoria under a contract—\n\n(a) to be entered into by the Head, Transport for Victoria with that person under this Act; or\n\n(b) with the person to which the Head, Transport for Victoria is substituted as a party under Division 4 of Part 12; or\n\nS. 64P(1)(c) amended by No. 30/2021 s. 71(a).\n\n(c) to which the person is a party which was assigned or novated to the Head, Transport for Victoria by the Public Transport Development Authority or the Roads Corporation; or\n\nS. 64P(1)(d) inserted by No. 30/2021 s. 71(b).\n\n(d) to which the person is a party which was transferred by Transfer Order to the Head, Transport for Victoria from the Public Transport Development Authority or the Roads Corporation.\n\nS. 64P(2) amended by No. 49/2019 s. 21(2).\n\n(2) The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance of any obligations of any person to whom the rights and liabilities of the Head, Transport for Victoria arising under a contract entered into by the Head, Transport for Victoria with the first-mentioned person under this Act have been assigned.\n\nS. 64P(3) amended by No. 49/2019 s. 21(2).\n\n(3) If the rights and liabilities of the Head, Transport for Victoria arising under a contract entered into by the Head, Transport for Victoria with a person under this Act have been assigned with the approval of the Treasurer to another person, the Treasurer may amend any guarantee given by the Treasurer under this section in respect of that contract so that it extends to guaranteeing the due performance of any obligations of that other person under that contract.\n\n(4) Any money required by the Treasurer for fulfilling any guarantee given by the Treasurer under this section must be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.\n\nS. 64P(5) amended by No. 49/2019 s. 21(3).\n\n(5) Any money received or recovered by the Treasurer from the Head, Transport for Victoria or otherwise in respect of any money paid by the Treasurer under subsection (4) must be paid into the Consolidated Fund.\n\nS. 64P(6) amended by No. 49/2019 s. 21(3).\n\n(6) If the rights and liabilities arising under a contract entered into by the Head, Transport for Victoria with a person have been assigned with the approval of the Treasurer to another person, the Treasurer may approve of the assignment to that other person of any guarantee given by the Treasurer under this section in respect of that contract.\n\nS. 64PA inserted by No. 49/2019 s. 22.\n\n\t64PA Performance reports\n\n(1) The requirements in this section are in addition to any other requirements under this Act or the **Financial Management Act 1994**.\n\n(2) The Head, Transport for Victoria must provide a performance report to the Secretary on the performance of the public transport system.\n\n(3) The performance report under subsection (2) must be laid before each House of the Parliament together with the report of operations prepared under Part 7 of the **Financial Management Act 1994** in respect of that year.\n\nS. 64PB inserted by No. 49/2019 s. 22.\n\n\t64PB Financial reports\n\n(1) The requirements in this section are in addition to any other requirements under this Act or the **Financial Management Act 1994**.\n\n(2) The Head, Transport for Victoria must provide a monthly financial report to the Department to support the financial reporting obligations imposed on the Secretary.\n\n(3) A monthly financial report—\n\n(a) must contain the matters required by the Secretary; and\n\n(b) may contain any other information that the Head, Transport for Victoria considers appropriate.\n\n(4) The Secretary may, if the Secretary considers it reasonable to do so, request the Head, Transport for Victoria to provide a financial report to the Department containing the matters required by the Secretary at any other time during the year.\n\nS. 64Q inserted by No. 3/2017 s. 3.\n\n","sortOrder":73},{"sectionNumber":"64Q","sectionType":"section","heading":"Extra-territoriality","content":"\t64Q Extra-territoriality\n\nS. 64Q(1) amended by No. 49/2019 s. 77.\n\n(1) The Head, Transport for Victoria may also perform its functions and exercise its powers outside Victoria.\n\nS. 64Q(2) amended by No. 49/2019 s. 77.\n\n(2) Subject to any directions given, and conditions imposed, by the Minister or the Secretary, the Head, Transport for Victoria may also perform its functions and exercise its powers outside Australia.\n\nS. 64R (Heading) amended by No. 49/2019 s. 78(1).\n\nS. 64R inserted by No. 3/2017 s. 3.\n\n","sortOrder":74},{"sectionNumber":"64R","sectionType":"section","heading":"Delegation by the Head, Transport for Victoria","content":"\t64R Delegation by the Head, Transport for Victoria\n\nS. 64R(1) amended by No. 49/2019 s. 78(2).\n\n(1) The Head, Transport for Victoria by instrument may delegate to any person any power, duty or function of the Head, Transport for Victoria conferred or imposed by or under any Act including, subject to subsection (3), this power of delegation.\n\n(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.\n\n(3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function.\n\n(4) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a sub‑delegation under subsection (3) as if it were a delegation.\n\nS. 64S inserted by No. 3/2017 s. 3, amended by No. 49/2019 s. 79.\n\n","sortOrder":75},{"sectionNumber":"64S","sectionType":"section","heading":"Contingency planning for exercise of certain powers","content":"\t64S Contingency planning for exercise of certain powers\n\nThe Head, Transport for Victoria must develop and maintain a contingency plan for the possible performance by the Head, Transport for Victoria of the functions under section 64C(1)(j)(ii).\n\nS. 64SA inserted by No. 49/2019 s. 23.\n\n\t64SA Reports to Minister and Secretary\n\n(1) The Minister may, in writing, require the Head, Transport for Victoria to give the Minister any information that the Minister reasonably requires.\n\n(2) The Secretary may, in writing, require the Head, Transport for Victoria to give the Secretary any information that the Secretary reasonably requires.\n\nS. 64T inserted by No. 3/2017 s. 3.\n\n","sortOrder":76},{"sectionNumber":"64T","sectionType":"section","heading":"Directions from Minister and Secretary","content":"\t64T Directions from Minister and Secretary\n\nS. 64T(1) amended by No. 49/2019 s. 24(1).\n\n(1) The Head, Transport for Victoria—\n\n(a) is subject to the general direction and control of the Minister and must comply with any specific direction given by the Minister; and\n\n(b) is subject to the general direction and control of the Secretary and must comply with any specific direction given by the Secretary.\n\n(2) A specific direction given by the Secretary under subsection (1) must not be inconsistent with any specific direction given by the Minister.\n\nS. 64T(3) inserted by No. 49/2019 s. 24(2).\n\n(3) The Head, Transport for Victoria cannot be given any direction by the Minister or Secretary as to the quantum of any amount payable under section 68 of the **Rail Management Act 1996** for breach of a civil penalty provision within the meaning of that section.\n\nS. 64U inserted by No. 3/2017 s. 3, repealed by No. 49/2019 s. 25.\n\nS. 64V (Heading) substituted by No. 49/2019 s. 26(1).\n\nS. 64V inserted by No. 3/2017 s. 3.\n\n","sortOrder":77},{"sectionNumber":"64V","sectionType":"section","heading":"Delegations giving rise to conflict and effect","content":"\t64V Delegations giving rise to conflict and effect\n\nS. 64V(1)(2) repealed by No. 49/2019 s. 26(2).\n\nS. 64V(3) amended by Nos 49/2019 s. 26(3), 34/2023 s. 126(a).\n\n(3) The Head, Transport for Victoria must not delegate a function or power to a person who is performing functions or exercising powers as an employee in the Department or as a delegate of the Secretary that is inconsistent with the person's functions or powers as an employee in the Department or a delegate of the Secretary.\n\nS. 64V(4) amended by No. 49/2019 s. 26(3).\n\n(4) Despite subsection (3), an act or decision or the performance of a function or exercise of any power by a person as a delegate of the Head, Transport for Victoria is not invalid only because of any inconsistency between—\n\n(a) that function or power; and\n\nS. 64V(4)(b) amended by No. 34/2023 s. 126(b).\n\n(b) the person's functions or powers as an employee in the Department or a delegate of the Secretary.\n\nPt 4B (Heading) inserted by No. 49/2019 s. 33(1).\n\n","sortOrder":78},{"sectionNumber":"Part 4B","sectionType":"part","heading":"Transport Restructuring Orders and Transfer Orders","content":"Part 4B—Transport Restructuring Orders and Transfer Orders\n\nPt 4A Div. 2 renumbered as Pt 4B  \nDiv. 1 by No. 49/2019 s. 33(2).\n\nDivision 1—Transport Restructuring Orders\n\nNew s. 65 inserted by No. 3/2017 s. 3.\n\n","sortOrder":79},{"sectionNumber":"65","sectionType":"section","heading":"Purpose of Division","content":"\t65 Purpose of Division\n\nThe purpose of this Division is to enable the making of Transport Restructuring Orders as a flexible mechanism for responding to changing priorities and circumstances and facilitating the delivery of better integrated and connected transport services that have an improved transport user focus and provide value for money to the community.\n\nS. 65AA inserted by No. 49/2019 s. 34.\n\n\t65AA Effect of Transport Restructuring Order\n\nA Transport Restructuring Order has force and effect despite anything to the contrary in any other Act.\n\nS. 65A inserted by No. 3/2017 s. 3.\n\n","sortOrder":80},{"sectionNumber":"65A","sectionType":"section","heading":"Transport Restructuring Orders—general provisions","content":"\t65A Transport Restructuring Orders—general provisions\n\n(1) A Transport Restructuring Order is an Order in Council made by the Governor in Council on the recommendation of the Minister which provides for any or all of the following—\n\n(a) any of the matters or things that can be included in a Transport Restructuring Order;\n\n(b) any matter necessary or convenient to give effect to this Division or to any other Order in Council made under this Division and to enable the effective implementation of any proposed restructuring;\n\nS. 65A(1)(c) substituted by No. 19/2022 s. 24(1).\n\n(c) whether a Transfer Order is required in relation to any proposed restructuring and whether the transfer of any employees will be necessary;\n\nS. 65A(1)(d) amended by No. 49/2019 s. 35(a).\n\n(d) transitional or savings provisions in relation to any act, matter or thing done or required to be done by or in relation to the Secretary or any sector transport agency affected by the Order in Council or to enable the effective implementation of any proposed restructuring.\n\n(2) Without limiting the generality of subsection (1), an Order in Council made under this Division may do any of the following—\n\n(a) change the name of a sector transport agency;\n\n(b) give a name to a new sector transport agency;\n\n(c) alter the constitution and membership of a sector transport agency;\n\n(d) provide for the constitution and membership of a new sector transport agency.\n\n(3) An Order in Council made under this Division—\n\n(a) must specify a day or days upon which the Order in Council comes into operation;\n\nS. 65A(3)(ab) inserted by No. 49/2019 s. 35(b).\n\n(ab) must be published in the Government Gazette;\n\n(b) upon being published in the Government Gazette has the like force and effect as if it were expressly enacted in this Act;\n\n(c) may be amended or revoked by another Order in Council;\n\n(d) has full force and effect despite any non‑compliance with any of the matters required by this Division as preliminary to the making of the Order in Council.\n\n(4) An Order in Council made under this Division may—\n\n(a) apply generally or be limited in its application by reference to specified matters or things;\n\n(b) apply differently according to different factors or subject to specified exceptions;\n\n(c) leave any matter or things to be from time to time determined, applied, dispensed with or regulated by a person or body specified in the Order in Council;\n\nS. 65A(4)(d) amended by No. 19/2022 s. 24(2).\n\n(d) confer functions, powers or impose duties in connection with the Order in Council on a person or body specified in the Order in Council;\n\n(e) apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act;\n\nS. 65A(4)(f) substituted by No. 49/2019 s. 35(c).\n\n(f) contain provisions of a savings, transitional or consequential nature on the making of the Order in Council, including providing for the construction of references in any Act or subordinate legislation or in any other document of any kind;\n\nS. 65A(4)(g) amended by No. 49/2019 s. 35(d).\n\n(g) provide that while the Order in Council is in force or during a period specified in the Order in Council, the provisions of any transport legislation specified in the Order in Council apply as varied or modified by the Order in Council or that references in any transport legislation or any regulation or instrument or in any other document of any kind are to be construed as provided in the Order in Council.\n\nS. 65B inserted by No. 3/2017 s. 3.\n\n","sortOrder":81},{"sectionNumber":"65B","sectionType":"section","heading":"Limitations on power of Minister to recommend the making of a Transport Restructuring Order","content":"\t65B Limitations on power of Minister to recommend the making of a Transport Restructuring Order\n\n(1) The Minister must not recommend that a Transport Restructuring Order be made unless the Minister is satisfied that—\n\n(a) the proposed Transport Restructuring Order is consistent with the vision statement and the transport system objectives; and\n\n(b) the restructuring to be effected by the proposed Transport Restructuring Order is necessary to facilitate—\n\n(i) the better integration or any improvement of the transport system; or\n\n(ii) the delivery of a specific strategy, policy, program, transport service or transport project.\n\n(2) Before the Minister makes a recommendation that a Transport Restructuring Order be made, the Minister must consult with—\n\n(a) any Minister responsible for a sector transport agency affected by the proposed restructuring; and\n\n(b) the Treasurer if—\n\n(i) the proposed restructuring includes the constitution of a new sector transport agency; or\n\n(ii) a provision of this Act which would be affected by the proposed restructuring requires the approval of, or consultation with, the Treasurer.\n\nS. 65C  \n(Heading) amended by No. 49/2019 s. 36(1).\n\nS. 65C inserted by No. 3/2017 s. 3.\n\n","sortOrder":82},{"sectionNumber":"65C","sectionType":"section","heading":"Transport Restructuring Order may confer additional duty, function or power on the Secretary","content":"\t65C Transport Restructuring Order may confer additional duty, function or power on the Secretary\n\nS. 65C(1) amended by No. 49/2019 s. 36(2)(a).\n\n(1) A Transport Restructuring Order may confer a duty, function or power which is conferred on a sector transport agency under any transport legislation on the Secretary.\n\n(2) The conferral of a duty, function or power under subsection (1) may be conferred subject to any of the following—\n\nS. 65C(2)(a) amended by No. 49/2019 s. 36(2)(b).\n\n(a) the duty, function or power is to be performed or exercised concurrently with the sector transport agency or only by the Secretary;\n\nS. 65C(2)(b) amended by No. 49/2019 s. 36(2)(b).\n\n(b) the duty, function or power is to be performed or exercised by the Secretary for a period specified in the Transport Restructuring Order or on an ongoing basis.\n\nS. 65C(3) amended by No. 49/2019 s. 36(2)(b).\n\n(3) A duty, function or power conferred under this section is to be performed or exercised by the Secretary on behalf of the Crown.\n\nS. 65C(4) amended by No. 49/2019 s. 36(2)(c).\n\n(4) Any duty, function or power conferred under this section is in addition to, and does not limit, any other duty, function or power conferred on the Secretary by any transport legislation.\n\nS. 65D inserted by No. 3/2017 s. 3.\n\n","sortOrder":83},{"sectionNumber":"65D","sectionType":"section","heading":"Transport Restructuring Order may confer additional duty, function or power on a sector transport agency","content":"\t65D Transport Restructuring Order may confer additional duty, function or power on a sector transport agency\n\nS. 65D(1) amended by No. 49/2019 s. 37(a).\n\n(1) A Transport Restructuring Order may confer a duty, function or power which is conferred on the Secretary or a sector transport agency under any transport legislation on a sector transport agency.\n\n(2) The conferral of a duty, function or power under subsection (1) may be conferred subject to any of the following—\n\n(a) the duty, function or power is to be performed or exercised concurrently or only by the sector transport agency on which the duty, function or power is conferred;\n\n(b) the duty, function or power is to be performed or exercised by the sector transport agency on which the duty, function or power is conferred for a period specified in the Transport Restructuring Order or on an ongoing basis.\n\nS. 65D(3) amended by No. 49/2019 s. 37(b).\n\n(3) Any duty, function or power conferred under this section is in addition to, and does not limit, any other duty, function or power conferred on a sector transport agency by any transport legislation.\n\nS. 65DA inserted by No. 19/2022 s. 25.\n\n\t65DA Imposition and conferral of specific duties, functions and powers to support and assist in giving effect to Transport Restructuring Order\n\n(a) a Transport Restructuring Order—\n\n(i) imposes duties and confers functions or powers on a sector transport agency under transport legislation; and\n\n(ii) provides that those duties, functions and powers are only to be performed or exercised by that sector transport agency on an ongoing basis; and\n\n(b) the duties, functions and powers referred to in paragraph (a)(ii) were all of the duties imposed and functions and powers conferred on another sector transport agency (the ***previous transport sector agency***); and\n\n(c) the previous transport sector agency continues to exist.\n\n(2) On and after the day on which the Transport Restructuring Order comes into operation, the previous transport sector agency is taken to have the following functions, powers and duties—\n\n(a) the duty to comply with any direction given to it by the Minister or Secretary under this Act;\n\n(b) the function of providing any support or assistance that the Minister, the Secretary and any other transport sector agency requires to enable them to give effect to the Transport Restructuring Order;\n\n(c) the power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the performance of the duty under paragraph (a) and the function under paragraph (b);\n\n(d) the duty to have regard to the transport system objectives in exercising its powers and performing the function under paragraph (b).\n\nS. 65E inserted by No. 3/2017 s. 3.\n\n","sortOrder":84},{"sectionNumber":"65E","sectionType":"section","heading":"Transport Restructuring Order may constitute a new sector transport agency","content":"\t65E Transport Restructuring Order may constitute a new sector transport agency\n\n(1) A Transport Restructuring Order may constitute a new sector transport agency.\n\n(2) A Transport Restructuring Order under subsection (1) may confer—\n\nS. 65E(2)(a) amended by No. 49/2019 s. 38.\n\n(a) a duty, function or power which is conferred on the Secretary or a sector transport agency under any transport legislation; or\n\nS. 65E(2)(b) amended by No. 49/2019 s. 38(b).\n\n(b) all of the duties, functions or powers which are conferred on a sector transport agency under any transport legislation—\n\non the new sector transport agency.\n\n(3) A new sector transport agency constituted under subsection (1)—\n\n(a) is a body corporate with perpetual succession;\n\n(b) has an official seal;\n\n(c) may sue and be sued;\n\n(d) may acquire, hold and dispose of real and personal property;\n\n(4) If only some of the duties, functions or powers of a sector transport agency are conferred under subsection (2), the duties, functions or powers may be conferred subject to any of the following—\n\n(a) the duties, functions or powers are to be performed or exercised concurrently or only by the new sector transport agency;\n\n(b) the duties, functions or powers are to be performed or exercised by the new sector transport agency for a period specified in the Transport Restructuring Order or on an ongoing basis.\n\nS. 65F inserted by No. 3/2017 s. 3.\n\n","sortOrder":85},{"sectionNumber":"65F","sectionType":"section","heading":"Effect of conferral of duties, functions or powers","content":"\t65F Effect of conferral of duties, functions or powers\n\nS. 65F(1) amended by No. 49/2019 s. 39(1).\n\n(1) If a Transport Restructuring Order confers a duty, function or power on the Secretary, a sector transport agency or a new sector transport agency and provides that the duty, function or power is only to be performed by the Secretary, sector transport agency or new sector transport agency on an ongoing basis, the sector transport agency on which that duty, function or power was previously conferred does not have that duty, function or power and any power or duty that the sector transport agency has in connection with, or as incidental to, the performance of that duty, function or power is withdrawn accordingly.\n\nS. 65F(2) amended by No. 49/2019 s. 39(1).\n\n(2) If a Transport Restructuring Order confers a duty, function or power on the Secretary, a sector transport agency or a new sector transport agency and provides that the duty, function or power is only to be performed by the Secretary, sector transport agency or new sector transport agency during a specified period, the sector transport agency on which that duty, function or power was previously conferred does not have that duty, function or power during that specified period and any power or duty that the sector transport agency has in connection with, or as incidental to, the performance of that duty, function or power is withdrawn accordingly during that specified period.\n\nS. 65F(3) amended by No. 49/2019 s. 39(2).\n\n(3) If a Transport Restructuring Order confers a duty, function or power that is subject to any condition, restriction or requirement under any transport legislation, the duty, function or power is conferred subject to that condition, restriction or requirement and must only be performed or exercised subject to that condition, restriction or requirement.\n\n(4) If as a result of a Transport Restructuring Order—\n\n(a)  a duty, function or power of a person or a person on behalf of the Crown is conferred on another person or another person on behalf of the Crown; and\n\n(b) that duty, function or power relates to an act, matter or thing of a continuing nature—\n\nthat act, matter or thing continues to have effect as if that duty, function or power had always been performed or exercised by the person or person on behalf of the Crown on whom the duty, function or power is conferred.\n\nS. 65F(5) substituted by No. 49/2019 s. 39(3).\n\n(5) If as a result of a Transport Restructuring Order a duty, function or power may be performed or exercised concurrently by—\n\n(a) the Secretary and a sector transport agency; or\n\n(b) 2 sector transport agencies—\n\nthe Minister may direct that in a particular case the function or power is to be performed or exercised only by the Secretary or the sector transport agency as specified in the direction.\n\nS. 65F(5A) inserted by No. 49/2019 s. 39(3).\n\n(5A) If as a result of a Transport Restructuring Order a duty, function or power may be performed or exercised concurrently by 2 sector transport agencies, the Secretary may direct that in a particular case the function or power is to be performed or exercised only by one of the sector transport agencies as specified in the direction.\n\nS. 65F(6) amended by No. 49/2019 s. 39(4).\n\n(6) A direction given under subsection (5) or (5A) does not affect the application of any other direction given under this Act.\n\n(7) This section is to be construed subject to any specific provision made in respect of the application of this section in the Transport Restructuring Order or in regulations made under section 65G.\n\nS. 65G inserted by No. 3/2017 s. 3.\n\n","sortOrder":86},{"sectionNumber":"65G","sectionType":"section","heading":"Transitional regulations","content":"\t65G Transitional regulations\n\n(1) The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the making of a Transport Restructuring Order.\n\n(2) A provision mentioned in subsection (1) may be retrospective in operation to the commencement of the Transport Restructuring Order.\n\n(3) Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the **Charter of Human Rights and Responsibilities Act 2006**) or in any Transport Restructuring Order or subordinate instrument.\n\nPt 4A Div. 3 renumbered as Pt 4B  \nDiv. 2 by No. 49/2019 s. 40.\n\nDivision 2—Transfer Orders\n\nNew s. 66 inserted by No. 3/2017 s. 3.\n\n","sortOrder":87},{"sectionNumber":"66","sectionType":"section","heading":"Application of Division","content":"\t66 Application of Division\n\nThis Division applies to the making of a Transfer Order—\n\n(a) required to be made by a Transport Restructuring Order; or\n\n(b) necessary to enable the transfer of a transport project; or\n\nS. 66(ba) inserted by No. 49/2019 s. 41.\n\n(ba) necessary to enable the transfer of any property, rights and liabilities on the amendment of any transport legislation; or\n\n(c) otherwise necessary to enable the transfer of any property, rights and liabilities.\n\nS. 66A inserted by No. 3/2017 s. 3.\n\n","sortOrder":88},{"sectionNumber":"66A","sectionType":"section","heading":"Definitions","content":"\t66A Definitions\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***transfer date*** means the date specified under section 66B(2) for the purposes of the transfer;\n\n***transferee transport body*** means the transport body to which a property, liability, right or transport project is to be transferred;\n\n***transferor transport body*** means the transport body from which a property, liability, right or transport project is to be transferred;\n\n***transferor transport body instrument*** means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the transfer date—\n\n(a) to which the transferor transport body was a party; or\n\n(b) that was given to, or in favour of, the transferor transport body; or\n\n(c) that refers to the transferor transport body; or\n\n(i) money is, or may become, payable to the transferor transport body; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by the transferor transport body;\n\nS. 66A def. of *transport project* amended by No. 49/2019 s. 56(2).\n\n***transport project*** means any project for the transport system.\n\nS. 66B inserted by No. 3/2017 s. 3.\n\n","sortOrder":89},{"sectionNumber":"66B","sectionType":"section","heading":"Transfer Orders","content":"\t66B Transfer Orders\n\n(1) The Governor in Council may, on the recommendation of the Minister and the Treasurer, by Order in Council do any of the following—\n\nS. 66B(1)(a) amended by No. 49/2019 s. 42(a).\n\n(a) transfer any or all of the property, rights and liabilities as specified, or described by reference to a class, in the Order in Council of a transferor transport body specified in the Order in Council to a transferee transport body specified in the Order in Council;\n\nS. 66B(1)(b) amended by No. 49/2019 s. 42(b).\n\n(b) transfer any property, rights and liabilities specified, or described by reference to a class, in the Order in Council of a transferor transport body specified in the Order in Council in relation to a transport project specified in the Order in Council to a transferee transport body specified in the Order in Council;\n\nS. 66B(1)(c) amended by No. 49/2019 s. 42(b).\n\n(c) transfer any property, rights and liabilities specified, or described by reference to a class, in the Order in Council of a transferor transport body specified in the Order in Council in relation to a Transport Restructuring Order specified in the Order in Council to a transferee transport body specified in the Order in Council;\n\nS. 66B(1)(d) amended by No. 49/2019 s. 42(b).\n\n(d) transfer all of the property, rights and liabilities specified, or described by reference to a class, in the Order in Council of a transferor transport body specified in the Order in Council in relation to a Transport Restructuring Order specified in the Order in Council to a transferee transport body specified in the Order in Council.\n\n(2) The Transfer Order must—\n\n(a) be published in the Government Gazette;\n\n(b) specify the transfer date on which the transfer is to take effect.\n\nS. 66C inserted by No. 3/2017 s. 3.\n\n","sortOrder":90},{"sectionNumber":"66C","sectionType":"section","heading":"Property, rights and liabilities transferred in accordance with Transfer Order","content":"\t66C Property, rights and liabilities transferred in accordance with Transfer Order\n\nOn the transfer date—\n\n(a) all property and rights of the transferor transport body, wherever located, that are transferred under the Transfer Order, vest in the transferee transport body in accordance with the Transfer Order;\n\n(b) all liabilities of the transferor transport body, wherever located, that are transferred under the Transfer Order, become liabilities of the transferee transport body in accordance with the Transfer Order.\n\nS. 66D inserted by No. 3/2017 s. 3.\n\n","sortOrder":91},{"sectionNumber":"66D","sectionType":"section","heading":"Transfer subject to encumbrances","content":"\t66D Transfer subject to encumbrances\n\nUnless the Transfer Order otherwise provides, if under the Transfer Order property and rights vest in the transferee transport body or liabilities become liabilities of the transferee transport body—\n\n(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(b) the rights to which the transferor transport body was entitled in respect of those liabilities immediately before they ceased to be liabilities of the transferor transport body vest in the transferee transport body.\n\nS. 66E inserted by No. 3/2017 s. 3.\n\n","sortOrder":92},{"sectionNumber":"66E","sectionType":"section","heading":"Substitution of party to agreement","content":"\t66E Substitution of party to agreement\n\nIf, under a Transfer Order the rights and liabilities of the transferor transport body under an agreement are transferred to the transferee transport body—\n\n(a) the transferee transport body becomes, on the transfer date, a party to the agreement in place of the transferor transport body; and\n\n(b) on and after the transfer date, the agreement has effect as if the transferee transport body had always been a party to the agreement.\n\nS. 66F inserted by No. 3/2017 s. 3.\n\n","sortOrder":93},{"sectionNumber":"66F","sectionType":"section","heading":"Transferor transport body instruments","content":"\t66F Transferor transport body instruments\n\nUnless the Transfer Order otherwise provides, each transferor transport body instrument relating to property, rights or liabilities transferred to the transferee transport body continues to have effect according to its tenor on and after the transfer date as if a reference in the instrument to the transferor transport body were a reference to the transferee transport body.\n\nS. 66G inserted by No. 3/2017 s. 3.\n\n","sortOrder":94},{"sectionNumber":"66G","sectionType":"section","heading":"Proceedings","content":"\t66G Proceedings\n\nUnless the Transfer Order otherwise provides, if, immediately before the transfer date, proceedings relating to property, rights or liabilities transferred to the transferee transport body (including arbitration proceedings) to which the transferor transport body was a party were pending or existing in any court or tribunal, then, on and after the transfer date, the transferee transport body is substituted for the transferor transport body as a party to the proceedings and has the same rights in the proceedings as the transferor transport body had.\n\nS. 66H inserted by No. 3/2017 s. 3.\n\n","sortOrder":95},{"sectionNumber":"66H","sectionType":"section","heading":"Interests in land","content":"\t66H Interests in land\n\nWithout affecting the generality of this Division 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 transfer date, the transferor transport body is, in relation to property, rights or liabilities transferred to the transferee transport body, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after the transfer date—\n\n(a) the transferee transport body is deemed to be the registered proprietor of that interest in land; and\n\n(b) the transferee transport body has the same rights and remedies in respect of that interest as the transferor transport body had.\n\nS. 66I inserted by No. 3/2017 s. 3.\n\n","sortOrder":96},{"sectionNumber":"66I","sectionType":"section","heading":"Easements","content":"\t66I Easements\n\nIf the transferee transport body acquires any right in the nature of an easement (whether as a result of a transfer under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the transferee transport body which is benefited or capable of being benefited by that right.\n\nS. 66J inserted by No. 3/2017 s. 3.\n\n","sortOrder":97},{"sectionNumber":"66J","sectionType":"section","heading":"Action by Registrar of Titles","content":"\t66J Action by Registrar of Titles\n\nOn being requested to do so and on delivery of any relevant instrument, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division.\n\nSee also sections 35 and 64F.\n\nS. 66K inserted by No. 3/2017 s. 3.\n\n","sortOrder":98},{"sectionNumber":"66K","sectionType":"section","heading":"Taxes","content":"\t66K Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, 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 under an Order in Council.\n\nS. 66L inserted by No. 3/2017 s. 3.\n\n","sortOrder":99},{"sectionNumber":"66L","sectionType":"section","heading":"Evidence","content":"\t66L Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of the transferor transport body in relation to property, rights or liabilities transferred to the transferee transport body is admissible for or against the interests of the transferee transport body.\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of the transferor transport body and to entries made in those books of account before the transfer date, whether or not they relate to transferor transport body property, as if those books of account and entries were business records of the transferee transport body.\n\nS. 66M  \n(Heading) amended by No. 49/2019 s. 43(1).\n\nS. 66M inserted by No. 3/2017 s. 3.\n\n","sortOrder":100},{"sectionNumber":"66M","sectionType":"section","heading":"Certificate of chief executive officer of transferor transport body","content":"\t66M Certificate of chief executive officer of transferor transport body\n\n(1) A certificate signed by the chief executive officer of a transferor transport body certifying that property, rights or liabilities of the transferor transport body specified in the certificate have been transferred is, unless revoked under subsection (2), admissible as evidence and, in the absence of evidence to the contrary is proof—\n\n(a) that the property, rights or liabilities so specified are the property, rights and liabilities to which the Transfer Order applies; and\n\n(b) that the Transfer Order is a Transfer Order for the purposes of this Division.\n\n(2) If the Minister so directs the chief executive officer of the transferor transport body in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate in place of the first certificate.\n\n(3) The chief executive officer of the transferor transport body—\n\n(b) must make the register reasonably available for inspection by the transferee transport body or other interested person.\n\nS. 66M(4) substituted by No. 49/2019 s. 43(2).\n\n(4) If the transferor transport body is the Secretary on behalf of the Crown, a reference in this section to the chief executive officer of the transferor transport body is to be construed as a reference to the Secretary.\n\nS. 66M(5) inserted by No. 49/2019 s. 43(2).\n\n(5) If the transferor transport body is the Head, Transport for Victoria, a reference in this section—\n\n(a) to a certificate signed by the chief executive officer of a transferor transport body is to be construed as a certificate to which the official seal of the Head, Transport for Victoria has been affixed; and\n\n(b) subject to paragraph (a), a reference to the chief executive officer of the transferor transport body is to be construed as a reference to the Head, Transport for Victoria.\n\nS. 66MA inserted by No. 49/2019 s. 44.\n\n\t66MA Certificate of chief executive of recipient transport body\n\n(a) a certificate has not been signed under section 66M that specifies a property, right or liability transferred under a Transfer Order; and\n\n(b) the transport body that transferred the property, right or liability under the Transfer Order has been abolished.\n\n(2) A certificate signed by the chief executive officer of a recipient transport body certifying that property or rights specified in the certificate have vested in, or liabilities specified in the certificate have become the liabilities of, the recipient transport body is, unless revoked under subsection (3), admissible as evidence and, in the absence of evidence to the contrary is proof—\n\n(a) that the property, rights or liabilities so specified are the property, rights and liabilities to which the Transfer Order applied; and\n\n(b) that the Transfer Order is a Transfer Order for the purposes of this Division.\n\n(3) If the Minister so directs the chief executive officer of the recipient transport body in writing, the chief executive officer must revoke a certificate given under subsection (2) by issuing another certificate in place of the first certificate.\n\n(4) The chief executive officer of the recipient transport body—\n\n(b) must make the register reasonably available for inspection by any interested person.\n\n(5) If the recipient transport body is the Secretary on behalf of the Crown, a reference in this section to the chief executive officer of the recipient transport body is to be construed as a reference to the Secretary.\n\n(6) If the recipient transport body is the Head, Transport for Victoria, a reference in this section—\n\n(a) to a certificate signed by the chief executive officer of a recipient transport body is to be construed as a certificate to which the official seal of the Head, Transport for Victoria has been affixed; and\n\n(b) subject to paragraph (a), a reference to the chief executive officer of the recipient transport body is to be construed as a reference to the Head, Transport for Victoria.\n\n(7) In this section—\n\n***recipient transport body*** means the transport body to which a property, liability, right or transport project was transferred.\n\nS. 66N inserted by No. 3/2017 s. 3.\n\n","sortOrder":101},{"sectionNumber":"66N","sectionType":"section","heading":"Transfer of employees","content":"\t66N Transfer of employees\n\n(1) This section applies to an employee who is not employed under Part 3 of the **Public Administration Act 2004**.\n\nS. 66N(2) amended by Nos 49/2019 s. 45(a), 19/2022 s. 26.\n\n(2) If as a result of a Transport Restructuring Order or a Transfer Order it is necessary to transfer any employees from the transferor transport body to any other transport body, the Secretary must list in writing the persons who were employed by the transferor transport body before the transfer date and who the Secretary determines should be transferred to another transport body.\n\n(3) An employee transferred under this section is to be regarded as—\n\nS. 66N(3)(a) amended by No. 49/2019 s. 45(b).\n\n(a) being employed by the other transport body with effect from the transfer date;\n\n(b) having been so employed on terms and conditions of employment determined by the Secretary that are no less favourable overall than those that applied to the person immediately before the transfer date;\n\n(c) having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued immediately before the transfer date.\n\n(4) The service of an employee transferred under this section is to be regarded for all purposes as having been continuous with the service of the employee immediately before the transfer date.\n\n(5) An employee transferred under this section is not entitled to receive any payment or other benefit by reason only of having ceased to be employed by the transferor transport body because of the operation of this Division.\n\nS. 66N(6) amended by No. 49/2019 s. 45(b).\n\n(6) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the transfer date, employed by virtue of this section by the other transport body, is admissible in evidence in any proceedings as evidence of the matters stated in it.\n\n(7) The superannuation entitlements of any person who is transferred under this section are to be taken not to be affected by that person being transferred.\n\n(a) any of the terms and conditions of employment of a person transferred under this section from being altered by or under any law, award or agreement with effect from any time after the transfer date; or\n\nS. 66N(8)(b) amended by No. 49/2019 s. 45(b).\n\n(b) a person transferred under this section from resigning or being dismissed at any time after the transfer date in accordance with the then existing terms and conditions of their employment with the other transport body.\n\nS. 66O inserted by No. 3/2017 s. 3.\n\n","sortOrder":102},{"sectionNumber":"66O","sectionType":"section","heading":"Validity of things done under this Division","content":"\t66O Validity of things done under this Division\n\n(1) Nothing effected by, or done or suffered under, this Division—\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 any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a 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 property, right or liability; or\n\n(g) releases any surety or other obligee wholly or in part from any obligation.\n\nPt 5 (Heading and ss 65–115) amended[[1]](#endnote-2) [[2]](#endnote-3), substituted asPt 5 (Heading and ss 115A–115W) by No. 34/2023 s. 75.\n\n","sortOrder":103},{"sectionNumber":"Part 5","sectionType":"part","heading":"Safe Transport Victoria","content":"Part 5—Safe Transport Victoria\n\nS. 115A substituted by No. 34/2023 s. 75.\n\n","sortOrder":104},{"sectionNumber":"115A","sectionType":"section","heading":"Definitions","content":"\t115A Definitions\n\n***commercial passenger vehicle safety*** has the same meaning as it has in section 3 of the **Commercial Passenger Vehicle Industry Act 2017**;\n\n***TRO No. 1/2022*** means the Transport Restructuring Order known as the Transport Restructuring Order (Establishment of Safe Transport Victoria) No. 1/2022 dated 21 June 2022 and published in the Government Gazette on 24 June 2022.\n\nS. 115B substituted by No. 34/2023 s. 75.\n\n","sortOrder":105},{"sectionNumber":"115B","sectionType":"section","heading":"Safe Transport Victoria","content":"\t115B Safe Transport Victoria\n\n(1) Safe Transport Victoria constituted by TRO No. 1/2022 (as in force immediately before the commencement of this section) is continued under this Act.\n\n(2) Safe Transport Victoria consists of one member appointed in accordance with section 115H as Chief Executive of Safe Transport Victoria.\n\nS. 115C substituted by No. 34/2023 s. 75.\n\n","sortOrder":106},{"sectionNumber":"115C","sectionType":"section","heading":"Official seal","content":"\t115C Official seal\n\n(1) The official seal of Safe Transport Victoria must—\n\n(a) be kept in such custody as Safe Transport Victoria directs; and\n\n(b) not be used except as authorised by Safe Transport Victoria.\n\n(2) All courts must take judicial notice of the official seal of Safe Transport Victoria affixed to any document.\n\nS. 115D substituted by No. 34/2023 s. 75.\n\n","sortOrder":107},{"sectionNumber":"115D","sectionType":"section","heading":"Safe Transport Victoria represents the Crown","content":"\t115D Safe Transport Victoria represents the Crown\n\nIn performing its functions and exercising its powers, Safe Transport Victoria represents the Crown.\n\nS. 115E substituted by No. 34/2023 s. 75.\n\n","sortOrder":108},{"sectionNumber":"115E","sectionType":"section","heading":"Objects of Safe Transport Victoria","content":"\t115E Objects of Safe Transport Victoria\n\nThe objects of Safe Transport Victoria are—\n\n(a) to seek the highest bus safety, commercial passenger vehicle safety and marine safety standards that are reasonably practicable, consistent with the vision statement and the transport system objects; and\n\n(b) to regulate the commercial passenger vehicle industry in a manner that promotes the provision of commercial passenger vehicle services that are customer responsive, competitive, efficient and accessible.\n\nS. 115F substituted by No. 34/2023 s. 75.\n\n","sortOrder":109},{"sectionNumber":"115F","sectionType":"section","heading":"Functions of Safe Transport Victoria","content":"\t115F Functions of Safe Transport Victoria\n\n(1) Safe Transport Victoria has the following functions—\n\n(a) to investigate and report on matters relating to bus safety, commercial passenger vehicle safety and marine safety in Victoria;\n\n(b) to develop and implement operational policies and performance measures relating to bus safety regulation, commercial passenger vehicle safety regulation, marine safety regulation and the commercial passenger vehicle industry;\n\n(c) to provide guidance and information on bus safety matters, commercial passenger vehicle safety matters and marine safety matters;\n\n(d) to promote awareness in the bus, commercial passenger vehicle and marine industries and among the public about safety initiatives in those industries;\n\n(e) to promote education and training relevant to the functions of Safe Transport Victoria, including conducting any education or training activity and approving persons to provide education and training;\n\n(f) to advise and make recommendations, in conjunction with the Secretary, to the Minister in respect of matters relating to bus safety, commercial passenger vehicle safety and marine safety in Victoria and related matters;\n\n(g) to advise the Secretary in order to assist the Secretary in developing strategic policy and legislation in relation to bus safety regulation, commercial passenger vehicle safety regulation, marine safety regulation and the commercial passenger vehicle industry;\n\n(h) to promote and monitor compliance with the **Commercial Passenger Vehicle Industry Act 2017**, the **Marine Safety Act 2010** and the **Bus Safety Act 2009** and any subordinate instrument made under those Acts;\n\n(i) to monitor, investigate and prosecute breaches of the **Commercial Passenger Vehicle Industry Act 2017**, the **Marine Safety Act 2010** and the **Bus Safety Act 2009** and any subordinate instrument made under those Acts;\n\n(j) to prepare and publish codes of practices and guidelines under—\n\n(i) a transport safety law; or\n\n(ii) the **Commercial Passenger Vehicle Industry Act 2017** or any subordinate instrument made under that Act;\n\n(k) to make recommendations to the Minister with respect to—\n\n(i) the operation, administration and enforcement of—\n\n(A) the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** and regulations made under that Act; and\n\n(B) the **Marine Safety Act 2010** and regulations made under that Act; and\n\n(ii) the enforcement of the Marine Safety (Domestic Commercial Vessel) National Law; and\n\n(iii) codes of practice that the Minister proposes to approve under Part 8.2 of the **Marine Safety Act 2010**, Part 2 of the **Commercial Passenger Vehicle Industry Act 2017** or Part 7 of the **Bus Safety Act 2009**;\n\n(l) to collect information and data about bus safety matters, commercial passenger vehicle safety matters, marine safety matters and the commercial passenger vehicle industry and to conduct, commission and sponsor research into those and related matters;\n\n(m) to provide preliminary assistance in resolving disputes concerning a condition of a driver agreement (within the meaning of the **Commercial Passenger Vehicle Industry Act 2017**) or a proposed such agreement;\n\n(n) to receive complaints relating to the operation and performance of the commercial passenger vehicle industry and deal with them in accordance with any relevant legislation, policies and procedures;\n\n(o) to conduct inquiries into any matter relating to the commercial passenger vehicle industry, either on its own motion or at the direction of the Secretary or the Minister;\n\n(p) to report to the Secretary and the Minister on any matter into which it has conducted an inquiry;\n\n(q) to administer grants made, or subsidy schemes established, in relation to the commercial passenger vehicle industry;\n\n(r) to perform any other functions or duties conferred or imposed on Safe Transport Victoria by or under this Act or any other Act.\n\n(2) The function conferred on Safe Transport Victoria by subsection (1)(g) does not include a function to develop strategic policy and legislation in relation to bus safety regulation, commercial passenger vehicle safety regulation, marine safety regulation and the commercial passenger vehicle industry.\n\n(3) In performing the functions conferred on it that relate to the commercial passenger vehicle industry, Safe Transport Victoria must, where relevant, engage and collaborate with stakeholders so as to ensure better outcomes for all Victorians.\n\nS. 115G substituted by No. 34/2023 s. 75.\n\n","sortOrder":110},{"sectionNumber":"115G","sectionType":"section","heading":"Powers of Safe Transport Victoria","content":"\t115G Powers of Safe Transport Victoria\n\n(1) Safe Transport Victoria has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of its object and the performance of its functions.\n\n(2) Without limiting the generality of subsection (1), Safe Transport Victoria may—\n\n(a) enter into any agreement or contract;\n\n(b) enter into any lease or licence;\n\n(c) participate in the formation of a corporation, trust, partnership or other body;\n\nSection 84(1) of the **Public Administration Act 2004** requires a public entity to notify the Minister responsible for the public entity and the Treasurer of the intention to form, or participate in the formation of, a body corporate.\n\n(d) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation;\n\n(e) become a member of a company limited by guarantee;\n\n(f) subscribe for or otherwise acquire, and hold and dispose of, units in a trust;\n\n(g) acquire, and hold and dispose of, an interest in a partnership or other body;\n\n(h) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction relating to, or connected with, any function of Safe Transport Victoria;\n\n(i) make any land or other property vested in or managed by Safe Transport Victoria or any person employed by Safe Transport Victoria available for use or engagement by any other person;\n\n(j) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trademark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);\n\n(k) assign, grant, lease, license, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right;\n\n(l) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;\n\n(m) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright;\n\n(n) engage consultants, contractors or agents;\n\n(o) act as an agent of another person.\n\n(3) Without limiting the generality of subsection (1), Safe Transport Victoria may exercise the powers conferred on it by or under this Act or any other Act.\n\n(4) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on Safe Transport Victoria.\n\nS. 115H substituted by No. 34/2023 s. 75.\n\n","sortOrder":111},{"sectionNumber":"115H","sectionType":"section","heading":"Chief Executive","content":"\t115H Chief Executive\n\n(1) The Governor in Council may appoint a person as Chief Executive of Safe Transport Victoria on the recommendation of the Minister.\n\n(2) The Chief Executive of Safe Transport Victoria—\n\nS. 115H(2)(a) amended by No. 25/2025 s. 85.\n\n(a) must be appointed on a full-time or part-time basis for a period of not more than 5 years; and\n\n(b) may be re-appointed; and\n\n(c) holds office on the terms and conditions specified in the instrument of appointment; and\n\n(d) is entitled to be paid any remuneration and travelling or other allowances fixed from time to time by the Governor in Council.\n\n(3) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to the Chief Executive of Safe Transport Victoria.\n\nS. 115I substituted by No. 34/2023 s. 75.\n\n","sortOrder":112},{"sectionNumber":"115I","sectionType":"section","heading":"Acting Chief Executive","content":"\t115I Acting Chief Executive\n\n(1) If the Chief Executive of Safe Transport Victoria is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of Chief Executive, the Minister may appoint another person to act in the place of the Chief Executive during the period of the inability.\n\n(2) A person appointed under subsection (1) to act in the place of the Chief Executive of Safe Transport Victoria while so acting—\n\n(a) has, and may exercise, all the powers, and must perform all the duties, of the Chief Executive; and\n\n(b) is to be paid any remuneration and travelling or other allowances for the time being payable to the Chief Executive.\n\nS. 115J substituted by No. 34/2023 s. 75.\n\n","sortOrder":113},{"sectionNumber":"115J","sectionType":"section","heading":"Ceases to hold office","content":"\t115J Ceases to hold office\n\nThe Chief Executive of Safe Transport Victoria ceases to hold office if the Chief Executive—\n\n(a) becomes an insolvent under administration; or\n\n(b) is found guilty in Victoria of an indictable offence or elsewhere of an offence that, if committed in Victoria, would be an indictable offence; or\n\n(c) nominates for election as a member of the Parliament of any jurisdiction; or\n\n(d) resigns by notice in writing signed and delivered to the Minister.\n\nS. 115K substituted by No. 34/2023 s. 75.\n\n","sortOrder":114},{"sectionNumber":"115K","sectionType":"section","heading":"Suspension of Chief Executive","content":"\t115K Suspension of Chief Executive\n\n(1) The Minister may immediately suspend the Chief Executive of Safe Transport Victoria if the Minister is of the opinion that the Chief Executive—\n\n(d) is otherwise unfit to continue to be the Chief Executive.\n\n(2) A suspension under subsection (1) is for a period not exceeding 3 months.\n\n(3) If the Chief Executive of Safe Transport Victoria is suspended under this section, the Chief Executive remains entitled to their remuneration and allowances during the period of suspension.\n\nS. 115L substituted by No. 34/2023 s. 75.\n\n","sortOrder":115},{"sectionNumber":"115L","sectionType":"section","heading":"Removal from office","content":"\t115L Removal from office\n\n(1) The Governor in Council may remove the Chief Executive of Safe Transport Victoria from office on the recommendation of the Minister.\n\n(2) The Minister may make the recommendation if the Minister is of the opinion that the Chief Executive of Safe Transport Victoria—\n\n(d) is otherwise unfit to continue to be the Chief Executive.\n\n(3) Before making such a recommendation in relation to the Chief Executive of Safe Transport Victoria, the Minister must—\n\n(a) give the Chief Executive written notice that the Minister is considering making the recommendation, together with details of the reasons why the recommendation is being considered; and\n\n(b) consider any submissions made to the Minister by, or on behalf of, the Chief Executive in response to the notice.\n\nS. 115M substituted by No. 34/2023 s. 75.\n\n","sortOrder":116},{"sectionNumber":"115M","sectionType":"section","heading":"Validity of acts and decisions","content":"\t115M Validity of acts and decisions\n\nAn act or decision of the Chief Executive or acting Chief Executive of Safe Transport Victoria is not invalid merely because of—\n\n(a) a defect or irregularity in, or in connection with, the appointment of the Chief Executive or acting Chief Executive; or\n\n(b) in the case of an acting Chief Executive, on the grounds that the occasion for acting had not arisen or had ceased.\n\nS. 115N substituted by No. 34/2023 s. 75.\n\n","sortOrder":117},{"sectionNumber":"115N","sectionType":"section","heading":"Extra-territoriality","content":"\t115N Extra-territoriality\n\nSafe Transport Victoria may also perform its functions and exercise its powers outside Victoria.\n\nS. 115O substituted by No. 34/2023 s. 75.\n\n","sortOrder":118},{"sectionNumber":"115O","sectionType":"section","heading":"Staff of Safe Transport Victoria","content":"\t115O Staff of Safe Transport Victoria\n\nAny employees that are necessary to enable Safe Transport Victoria to perform its functions may be employed under Part 3 of the **Public Administration Act 2004**.\n\nS. 115P substituted by No. 34/2023 s. 75.\n\n","sortOrder":119},{"sectionNumber":"115P","sectionType":"section","heading":"Personal liability","content":"\t115P Personal liability\n\n(1) The Chief Executive or an employee of Safe Transport Victoria is not personally liable for anything done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the performance of a function by or under, or in connection with, this Act or any other Act; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function by or under, or in connection with, this Act or any other Act.\n\n(2) Any liability resulting from an act or omission that would but for subsection (1) attach to a person referred to in that subsection attaches instead to Safe Transport Victoria.\n\nS. 115Q substituted by No. 34/2023 s. 75.\n\n","sortOrder":120},{"sectionNumber":"115Q","sectionType":"section","heading":"Directions","content":"\t115Q Directions\n\n(1) Subject to section 115R, Safe Transport Victoria must exercise its powers and discharge its duties subject to—\n\n(a) the general direction and control of the Minister; and\n\n(b) any specific directions given by the Minister.\n\n(2) Any specific directions given under subsection (1)(b) may be published in the Government Gazette.\n\nS. 115R substituted by No. 34/2023 s. 75.\n\n","sortOrder":121},{"sectionNumber":"115R","sectionType":"section","heading":"Ministerial direction to investigate safety matter","content":"\t115R Ministerial direction to investigate safety matter\n\n(1) The Minister may direct Safe Transport Victoria to investigate a bus safety matter, commercial passenger vehicle safety matter or marine safety matter.\n\n(2) The Minister must not give a direction under this section—\n\n(a) that directs Safe Transport Victoria as to how to conduct an investigation; or\n\n(b) that directs Safe Transport Victoria as to which persons Safe Transport Victoria may request or direct to assist Safe Transport Victoria in an investigation; or\n\n(c) about the outcome of an investigation; or\n\n(d) that directs Safe Transport Victoria to stop an investigation.\n\n(3) A direction under this section—\n\n(a) must be published in the Government Gazette; and\n\n(b) takes effect on it being published in the Government Gazette.\n\n(4) The Minister must cause to be laid before each House of Parliament a copy of a direction under this section on or before the third sitting day of the House after the direction is published in the Government Gazette.\n\n(5) Safe Transport Victoria must comply with a direction given under this section.\n\nS. 115S substituted by No. 34/2023 s. 75.\n\n","sortOrder":122},{"sectionNumber":"115S","sectionType":"section","heading":"Safe Transport Victoria to conduct","content":"\t115S Safe Transport Victoria to conduct  \ncost-benefit analysis of and consult about mandatory transport safety decisions\n\n(1) This section applies to a mandatory transport safety decision that may result in significant costs or expenses being incurred by a person whose interests are affected by the decision.\n\n(2) Safe Transport Victoria must—\n\n(a) conduct or cause to be conducted a cost-benefit analysis of a mandatory transport safety decision; and\n\n(b) consult with—\n\n(i) the Premier, the Treasurer and any other Minister whose area of responsibility may be affected by a mandatory transport safety decision; and\n\n(ii) the person whose interests are affected by a mandatory transport safety decision.\n\n(3) The cost-benefit analysis and consultation must be conducted—\n\n(a) in accordance with guidelines prepared under section 115T; and\n\n(b) before a mandatory transport safety decision is made, unless Safe Transport Victoria considers that the mandatory transport safety decision must be made immediately to protect public safety.\n\n(4) If a mandatory transport safety decision is made immediately to protect public safety, the cost-benefit analysis and consultation must be conducted as soon as practicable after the decision is made.\n\nS. 115T substituted by No. 34/2023 s. 75.\n\n","sortOrder":123},{"sectionNumber":"115T","sectionType":"section","heading":"Guidelines","content":"\t115T Guidelines\n\n(1) The Minister may prepare guidelines for the purposes of cost-benefit analysis and consultation conducted under section 115S.\n\n(2) Before preparing guidelines under this section, the Minister must consult with the Premier and the Treasurer.\n\n(3) Guidelines prepared under this section—\n\n(a) may include guidelines about the methodology to be applied in an analysis conducted under section 115S; and\n\n(b) may require Safe Transport Victoria to obtain an independent assessment about the methodology to be applied in a cost-benefit analysis conducted under section 115S; and\n\n(c) must include guidelines about the procedure for consultation under section 115S.\n\nS. 115U substituted by No. 34/2023 s. 75.\n\n","sortOrder":124},{"sectionNumber":"115U","sectionType":"section","heading":"Information disclosure by Safe Transport Victoria","content":"\t115U Information disclosure by Safe Transport Victoria\n\n(1) If Safe Transport Victoria considers it necessary for the safe operation of bus or marine transport, Safe Transport Victoria may disclose information obtained or collected by Safe Transport Victoria in the performance or exercise of its functions or powers under this or any other Act to any person.\n\n(2) If Safe Transport Victoria considers it necessary for the safe operation of bus or marine transport, Safe Transport Victoria may publish any information, including a report arising out of—\n\n(a) an investigation by Safe Transport Victoria of a bus safety matter or marine safety matter; or\n\n(b) an investigation by Safe Transport Victoria under the Marine Safety (Domestic Commercial Vessel) National Law as a delegate of the National Regulator; or\n\n(c) an inquiry under section 264 of the **Marine Safety Act 2010**.\n\n(3) A publication under subsection (2) must not identify a person by name.\n\nS. 115V substituted by No. 34/2023 s. 75.\n\n","sortOrder":125},{"sectionNumber":"115V","sectionType":"section","heading":"Delegation","content":"\t115V Delegation\n\n(1) Safe Transport Victoria by instrument may delegate to any person any power, duty or function of Safe Transport Victoria conferred or imposed by or under any Act including, subject to subsection (3), this power of delegation.\n\n(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.\n\n(3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under that subsection, by instrument delegate to another person that power, duty or function.\n\n(4) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a  \nsub-delegation under subsection (3) as if it were a delegation.\n\nS. 115W inserted by No. 34/2023 s. 75.\n\n","sortOrder":126},{"sectionNumber":"115W","sectionType":"section","heading":"Delegation of functions by National Regulator","content":"\t115W Delegation of functions by National Regulator\n\n(1) Subject to subsection (2), Safe Transport Victoria by instrument may authorise any of the following persons to act as a delegate under section 58 of the Australian Maritime Safety Authority Act 1990 of the Commonwealth for the purposes of the Marine Safety (Domestic Commercial Vessel) National Law—\n\n(a) a transport safety officer;\n\n(b) a person employed under Part 3 of the **Public Administration Act 2004** to enable Safe Transport Victoria to carry out its functions;\n\n(c) a consultant, contractor or agent engaged by Safe Transport Victoria.\n\n(2) An authorisation under subsection (1) may be made—\n\n(a) in relation to a person or class of persons specified in the instrument; or\n\n(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument.\n\nPart 6—Transport Corporations\n\nDivision 1—Victorian Rail Track\n\n\t116 Victorian Rail Track\n\nVictorian Rail Track established under section 8 of the **Rail Corporations Act 1996** (as in force immediately before the commencement of this section) is continued under this Act.\n\nS. 117 amended by No. 79/2011 s. 38(2).\n\n","sortOrder":127},{"sectionNumber":"117","sectionType":"section","heading":"Trading name","content":"\t117 Trading name\n\nDespite anything to the contrary in any Act or law, Victorian Rail Track may carry on business under the name \"VicTrack\".\n\n","sortOrder":128},{"sectionNumber":"118","sectionType":"section","heading":"Victorian Rail Track not to represent the Crown","content":"\t118 Victorian Rail Track not to represent the Crown\n\nVictorian Rail Track is a public entity, but does not represent the Crown.\n\n","sortOrder":129},{"sectionNumber":"119","sectionType":"section","heading":"Object of Victorian Rail Track","content":"\t119 Object of Victorian Rail Track\n\n(1) The primary object of Victorian Rail Track is to act as the custodial owner of the State's transport-related land, infrastructure and assets consistent with the vision statement and the transport system objectives.\n\n(2) Without limiting the generality of subsection (1), Victorian Rail Track must ensure that the State's transport-related land, infrastructure and assets are developed and used—\n\n(a) primarily to support the transport system;\n\n(b) for other purposes which support government policy;\n\n(c) only for commercial gain if the development or use will not compromise the current or future transport system.\n\n","sortOrder":130},{"sectionNumber":"120","sectionType":"section","heading":"Functions of Victorian Rail Track","content":"\t120 Functions of Victorian Rail Track\n\n(1) The functions of Victorian Rail Track are—\n\nS. 120(1)(a) amended by Nos 61/2011 s. 5(4), 49/2019 s. 29(a).\n\n(a) to release in a timely and cooperative manner to the Secretary or the Head, Transport for Victoria for nominal consideration any transport-related land, infrastructure and assets required for the transport system and related matters;\n\n(b) to act as the custodian and asset manager of the non-operational transport-related land, infrastructure and assets and any other land, infrastructure and assets identified by the Minister;\n\n(c) to provide or enable access to the non-operational transport-related land, infrastructure and assets where this supports the transport system, including—\n\n(i) for walking and cycling;\n\n(ii) for tourist and heritage rail operations;\n\n(iii) through the granting of leases for business or community purposes consistent with the object specified in section 119;\n\n(d) to manage and support access to transport-related land, infrastructure and assets;\n\n(e) without limiting paragraph (b), to ensure that in managing non-operational transport-related land, infrastructure and assets—\n\n(i) graffiti, vandalism and litter are managed to reasonably improve public safety and amenity;\n\n(ii) fuel build up is managed to reasonably reduce the likelihood of fire;\n\n(iii) a program of land remediation is undertaken to improve the condition of land and facilitate its future use;\n\nS. 120(1)(f) amended by No. 49/2019 s. 29(b).\n\n(f) to ensure, in collaboration with the Secretary, that transport-related land, infrastructure and assets which are registered as heritage infrastructure and assets in the Victorian Heritage Register are protected and maintained whilst ensuring that reasonable access is provided for public enjoyment and historical appreciation;\n\nS. 120(1)(fa) inserted by No. 49/2019 s. 29(c).\n\n(fa) to provide support to tourist and heritage railway operators within the meaning of the **Tourist and Heritage Railways Act 2010**;\n\n(g) if directed to do so by the Minister by Order published in the Government Gazette—\n\n(i) operate rolling stock for transport system purposes;\n\n(ii) operate services ancillary or incidental to operating rolling stock for transport system purposes;\n\n(h) to provide strategic advice and assistance to the Department and other persons in relation to the environmental aspects of sustainable land management and the use of land for specific projects and initiatives related to transport;\n\n(i) to develop its telecommunications network and telecommunications services and other information systems and project management services to support the transport system;\n\n(j) to maintain accurate and accessible data in respect of transport-related land, infrastructure and assets;\n\n(k) subject to section 125, to promote the sustainable development of land vested in Victorian Rail Track which is not required for the future development of the transport system;\n\nS. 120(1)(l) amended by Nos 3/2017 s. 31, 49/2019 s. 29(d).\n\n(l) any other functions or duties conferred on Victorian Rail Track by or under this Act or any other Act.\n\n(2) In performing the functions conferred on Victorian Rail Track, Victorian Rail Track must—\n\nS. 120(2)(a) amended by No. 61/2011 s. 13(a).\n\n(a) where relevant, engage with stakeholders so as to ensure better outcomes for all Victorians;\n\nS. 120(2)(b) amended by No. 61/2011 s. 13(b).\n\n(b) conduct research and collect information relating to the performance of those functions and the operation of the transport system so as to enable Victorian Rail Track to meet the object of Victorian Rail Track;\n\n(c) efficiently deal with any complaints relating to the performance of its functions.\n\n(3) Victorian Rail Track may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.\n\n","sortOrder":131},{"sectionNumber":"121","sectionType":"section","heading":"Compulsory acquisition of land","content":"\t121 Compulsory acquisition of land\n\n(1) Subject to the approval of the Minister, Victorian Rail Track may compulsorily acquire any land which is or may be required by Victorian Rail Track for or in connection with the performance of its functions or the exercise of its powers.\n\n(b) Victorian Rail Track is the Authority;\n\n(c) ***land*** includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land;\n\n(d) section 75 of the **Land Acquisition and Compensation Act 1986** has effect as if it empowered Victorian Rail Track to enter any land and section 75(6) did not apply.\n\n","sortOrder":132},{"sectionNumber":"122","sectionType":"section","heading":"Easements","content":"\t122 Easements\n\n(1) If any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by Victorian Rail Track, it is deemed for all purposes to be an easement even though there is no land vested in or held by Victorian Rail Track that is in fact benefited or capable of being benefited by that right.\n\n(2) If by or under this Act any private right of way or easement is extinguished or any easement is acquired by Victorian Rail Track—\n\n(a) the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and\n\n(b) the holder of any relevant certificate of title must deliver it to the Registrar of Titles.\n\n(3) Subsection (2) does not apply to an easement acquired compulsorily by Victorian Rail Track.\n\n","sortOrder":133},{"sectionNumber":"123","sectionType":"section","heading":"Victorian Rail Track may use Crown lands reserved under Crown Land (Reserves) Act 1978","content":"\t123 Victorian Rail Track may use Crown lands reserved under Crown Land (Reserves) Act 1978\n\n(1) Victorian Rail Track may use any Crown land for transport purposes with the approval of the Minister administering the Act relating to the management or use of the land given by the Minister in accordance with any requirements which apply under that Act.\n\n(2) If any Crown land proposed to be so used by Victorian Rail Track is reserved under the **Crown Land (Reserves) Act 1978** for a purpose which is inconsistent with that use, Victorian Rail Track can not use the land unless and until the reservation is revoked in accordance with section 9 of that Act.\n\n(3) Victorian Rail Track must make compensation, in respect of the use under this section by Victorian Rail Track of any Crown land reserved under the **Crown Land (Reserves) Act 1978** for a purpose inconsistent with that use, in the manner and to the extent agreed upon by Victorian Rail Track and the Minister administering the **Crown Land (Reserves) Act 1978**.\n\n(4) An agreement under subsection (3) may provide for—\n\n(a) the payment by Victorian Rail Track of a sum of money as agreed upon by Victorian Rail Track and the Minister administering the **Crown Land (Reserves) Act 1978**; or\n\n(b) the undertaking of works or the making of provision by Victorian Rail Track in place of any improvements on the land as agreed upon by Victorian Rail Track and the Minister administering the **Crown Land (Reserves) Act 1978**; or\n\n(c) both the payment of a sum of money in accordance with paragraph (a) and the undertaking of works or the making of provision in accordance with paragraph (b).\n\n(5) If an agreement under subsection (3) provides for the payment of a sum of money, that money must, unless the Minister administering the **Crown Land (Reserves) Act 1978** otherwise directs, be paid to that Minister.\n\n(6) The Minister administering the **Crown Land (Reserves) Act 1978** may direct that money to be paid under an agreement under subsection (3) must be—\n\n(a) paid to—\n\n(i) the trustees in whom or the Council in which the land is vested; or\n\n(ii) the committee of management appointed in respect of the land; or\n\n(iii) the authority under whose control and management the land has been placed pursuant to section 18 of the **Crown Land (Reserves) Act 1978**; or\n\n(iv) any other person or persons as are agreed upon by Victorian Rail Track and the Minister administering the **Crown Land (Reserves) Act 1978**; and\n\n(b) applied as directed by the Minister.\n\n(7) If any dispute arises as to the amount of any sum of money payable under this section, that dispute is to be determined by the Governor in Council.\n\n","sortOrder":134},{"sectionNumber":"124","sectionType":"section","heading":"Grant of unalienated Crown land","content":"\t124 Grant of unalienated Crown land\n\nS. 124(1) amended by No. 49/2019 s. 84.\n\n(1) This section applies to any land used by Victorian Rail Track under this Act or the **Transport Act 1983** (as in force immediately before the commencement of this section) which was immediately prior to its use for transport purposes unalienated land of the Crown whether set apart as a government road or not.\n\n(2) Subject to subsection (3), the Governor in Council, on the recommendation of the Minister administering section 22A of the **Land Act 1958** may grant that land to Victorian Rail Track subject to any conditions, exceptions and reservations as the Governor in Council considers appropriate.\n\n(3) This section is subject to section 8 of the **Crown Land (Reserves) Act 1978** and section 349 of the **Land Act 1958**.\n\n\t125 Land\n\n(1) For the purpose of performing its functions, Victorian Rail Track may—\n\nS. 125(1)(a) amended by No. 7/2019 s. 45(a).\n\n(a) with the approval of the Minister, purchase land or an interest in land; or\n\nS. 125(1)(b) amended by No. 7/2019 s. 45(a).\n\n(b) after consultation with the Secretary and with the approval of the Minister, sell land or an interest in land; or\n\nS. 125(1)(c) amended by Nos 61/2011 s. 5(4), 7/2019 s. 45(b), substituted by No. 49/2019 s. 85, amended by No. 43/2021 s. 219(Sch. 1 item 11.4).\n\n(c) dispose of land, or an interest in land, to the Secretary, the Head, Transport for Victoria, or any other Transport Corporation or the Suburban Rail Loop Authority or a project authority within meaning of the **Major Transport Projects Facilitation Act 2009** for nominal consideration; or\n\nS. 125(1)(d) amended by Nos 61/2011 s. 5(4), 7/2019 s. 45(b), substituted by No. 49/2019 s. 85. amended by No. 43/2021 s. 219(Sch. 1 item 11.4).\n\n(d) accept the transfer of land, or an interest in land, from the Secretary, the Head, Transport for Victoria or any other Transport Corporation or the Suburban Rail Loop Authority or a project authority within meaning of the **Major Transport Projects Facilitation Act 2009** for nominal consideration; or\n\nS. 125(1)(e) amended by No. 19/2022 s. 29.\n\n(e) after consultation with the Secretary, grant a lease or licence of any land, including land which was granted to Victorian Rail Track or to any other person subject to a trust or condition requiring it to be used for some particular purpose or land temporarily or permanently reserved for any purpose under the **Crown Land (Reserves) Act 1978** or any previous Act relating to Crown land consistent with Victorian Rail Track's object so that the use will not compromise the current or future transport system; or\n\nS. 125(1)(f) amended by No. 7/2019 s. 45(c).\n\n(f) with the approval of the Minister, may develop any land and for this purpose may—\n\n(i) subdivide and re-subdivide the land; or\n\n(ii) consolidate the title to the land; or\n\n(iii) grant or create in favour of any person any easement over the land on any terms and conditions that Victorian Rail Track considers appropriate; or\n\n(iv) effect or arrange with other persons for the development of the land on any terms and conditions that Victorian Rail Track considers appropriate; or\n\n(v) maintain, operate and manage or arrange with other persons to maintain, operate and manage the land and any buildings, works, structures and other property on the land; or\n\n(vi) promote a Property Trust and—\n\n(A) with the consent of the Treasurer, subscribe for or otherwise acquire and dispose of any unit or units in the Trust; or\n\n(B) enter into arrangements with the Trust for the management by Victorian Rail Track of the Trust; or\n\n(C) enter into any contracts with the Trust that Victorian Rail Track deems necessary to guarantee to unit holders in the Trust an agreed return; or\n\n(D) make any loans to the Trust on any terms that Victorian Rail Track considers appropriate.\n\n(2) Any Property Trust promoted under this section must provide that the trustees are to be appointed by the Minister.\n\n(3) On Victorian Rail Track divesting itself, or being divested, of its interest in any land on, under or over which there was constructed a railway or tramway, any liability of Victorian Rail Track to—\n\n(a) maintain a railway or tramway on, under or over that land; and\n\n(b) maintain any bridge bearing a road over the whole or any part of that land or any crossing, culvert, drain or stream diversion appurtenant to that land—\n\nabsolutely ceases and determines.\n\n(4) In this section ***develop*** means to improve land for any commercial or civic or other public or private purpose, including by the construction, demolition or substantial alteration of any structure in or on the land or the excavation of the land.\n\nS. 125A inserted by No. 41/2020 s. 51 (as amended by No. 30/2021 s. 98).\n\n","sortOrder":135},{"sectionNumber":"125A","sectionType":"section","heading":"Victorian Rail Track powers to lease reserved and unreserved Crown land for up to 99 years","content":"\t125A Victorian Rail Track powers to lease reserved and unreserved Crown land for up to 99 years\n\n(1) With the consent of the Secretary, Victorian Rail Track may enter into a lease for up to 99 years of—\n\n(a) land temporarily or permanently reserved under the **Crown Land (Reserves) Act 1978** that Victorian Rail Track manages under that Act; or\n\n(b) unreserved Crown land under the **Land Act 1958** that Victorian Rail Track manages under that Act; or\n\n(c) any land under the **Crown Land (Reserves) Act 1978** or the **Land Act 1958** that Victorian Rail Track or a tenant or subtenant of Victorian Rail Track manages and uses for transport purposes.\n\n(2) Subsection (1) has effect despite anything to the contrary in the **Crown Land (Reserves) Act 1978** or the **Land Act 1958**.\n\n","sortOrder":136},{"sectionNumber":"126","sectionType":"section","heading":"Powers to enter land to construct or maintain works","content":"\t126 Powers to enter land to construct or maintain works\n\n(1) Victorian Rail Track may enter any land and do all things necessary and convenient for constructing, maintaining, altering and using any works supporting any rail signalling system.\n\n(2) Victorian Rail Track may exercise the powers conferred by this section on Victorian Rail Track by any person who is authorised in writing by Victorian Rail Track to do so.\n\n(3) Victorian Rail Track must not exercise a power under this section unless—\n\n(a) Victorian Rail Track has given 7 days notice in writing to the occupier of the land that is to be entered; or\n\n(4) A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless the occupier consents to a different time.\n\n(5) In exercising powers under this section, Victorian Rail Track must—\n\n(c) remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;\n\n(d) leave the land as nearly as possible in the condition in which Victorian Rail Track found it;\n\n(6) If Victorian Rail Track has caused any damage to land while exercising a power under this section, Victorian Rail Track must pay compensation to the owner and any other person with an interest in the land.\n\n(7) Compensation under subsection (6)—\n\n(a) may, if so agreed by the person entitled to the compensation, be paid as a lump sum or by way of an annual rent; or\n\n(b) if no agreement can be reached, must be determined in the manner provided in the **Land Acquisition and Compensation Act 1986**.\n\nS. 127 repealed by No. 61/2011 s. 14, new s. 127 inserted by No. 49/2017 s. 90.\n\n","sortOrder":137},{"sectionNumber":"127","sectionType":"section","heading":"Obligations of Victorian Rail Track in relation to Yarra River land","content":"\t127 Obligations of Victorian Rail Track in relation to Yarra River land\n\n(1) Victorian Rail Track—\n\n(a) must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on Victorian Rail Track when performing a function or duty or exercising a power under this Act or any other Act in relation to Yarra River land; and\n\n(b) must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on Victorian Rail Track, when performing a function or duty or exercising a power under this Act or any other Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.\n\nS. 127(2) substituted by No. 43/2021 s. 219(Sch. 1 item 11.5).\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by Victorian Rail Track in relation to—\n\nS. 127A inserted by No. 17/2018 s. 27.\n\n","sortOrder":138},{"sectionNumber":"127A","sectionType":"section","heading":"Obligations of Victorian Rail Track in relation to declared areas","content":"\t127A Obligations of Victorian Rail Track in relation to declared areas\n\n(1) Victorian Rail Track, when performing a function or duty or exercising a power under this Act in relation to a declared area—\n\n(a) must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on Victorian Rail Track; and\n\n(b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on Victorian Rail Track; and\n\n(c) must have regard to the principles set out in section 46AZL of the **Planning and Environment Act 1987**.\n\nS. 127A(2) substituted by No. 43/2021 s. 219(Sch. 1 item 11.6).\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by Victorian Rail Track in relation to—\n\nS. 127B inserted by No. 19/2020 s. 109.\n\n","sortOrder":139},{"sectionNumber":"127B","sectionType":"section","heading":"Obligations of Victorian Rail Track in relation to the Great Ocean Road region","content":"\t127B Obligations of Victorian Rail Track in relation to the Great Ocean Road region\n\n(1) Victorian Rail Track, when performing a function or duty or exercising a power under this Act or any other Act—\n\n(a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on Victorian Rail Track in relation to the Great Ocean Road scenic landscapes area; and\n\n(b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and\n\n(c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on Victorian Rail Track in relation to the Great Ocean Road region.\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by Victorian Rail Track in relation to a declared project within the meaning of the **Major Transport Projects Facilitation Act 2009**.\n\nDivision 2—V/Line Corporation\n\nS. 128 amended by No. 34/2023 s. 81 (ILA s. 39B(1)).\n\n","sortOrder":140},{"sectionNumber":"128","sectionType":"section","heading":"V/Line Corporation","content":"\t128 V/Line Corporation\n\n(1) V/Line Passenger Corporation established under section 14 of the **Rail Corporations Act 1996** (as in force immediately before the commencement of this section) is continued under this Act as V/Line Corporation.\n\nS. 128(2) inserted by No. 34/2023 s. 81.\n\n(2) V/Line Corporation consists of one member appointed in accordance with section 151A as the chief executive officer of V/Line Corporation.\n\nS. 128(3) inserted by No. 34/2023 s. 81.\n\n(3) The chief executive officer of V/Line Corporation is responsible for the management of the functions of the V/Line Corporation consistent with the primary object of V/Line Corporation.\n\nS. 129 amended by No. 79/2011 s. 38(3).\n\n","sortOrder":141},{"sectionNumber":"129","sectionType":"section","heading":"Trading name","content":"\t129 Trading name\n\nDespite anything to the contrary in any Act or law, V/Line Corporation may carry on business under the name \"V/Line\".\n\n","sortOrder":142},{"sectionNumber":"130","sectionType":"section","heading":"V/Line Corporation not to represent the Crown","content":"\t130 V/Line Corporation not to represent the Crown\n\nV/Line Corporation is a public entity, but does not represent the Crown.\n\n","sortOrder":143},{"sectionNumber":"131","sectionType":"section","heading":"Object of V/Line Corporation","content":"\t131 Object of V/Line Corporation\n\n(1) The primary object of V/Line Corporation is to provide rail passenger and rail freight services consistent with the vision statement and the transport system objectives.\n\n(2) Without limiting the generality of subsection (1), the primary object includes the following—\n\n(a) to ensure, in collaboration with transport bodies and public entities, that its rail passenger and rail freight services operate as part of an integrated transport system which seeks to meet the needs of all transport system users;\n\n(b) to manage its rail passenger and rail freight services in a manner which supports a sustainable Victoria by—\n\n(i) seeking to increase the share of rail passenger and rail freight services as a proportion of all transport trips in Victoria;\n\n(ii) while seeking to give effect to subparagraph (i), also seeking to improve the environmental performance and minimise the adverse environmental impacts of its rail passenger and rail freight services;\n\n(c) to contribute to social wellbeing by providing accessible and reliable rail passenger services, particularly to regional, rural and remote communities;\n\n(d) to support economic prosperity through efficient and reliable rail freight services;\n\n(e) in collaboration with relevant bodies, to improve the safety of rail passenger and rail freight services.\n\n","sortOrder":144},{"sectionNumber":"132","sectionType":"section","heading":"Functions of V/Line Corporation","content":"\t132 Functions of V/Line Corporation\n\n(1) The functions of V/Line Corporation are to—\n\n(a) operate rail passenger services;\n\n(b) operate services ancillary or incidental to its rail passenger services, including any other transport services;\n\n(c) operate and maintain rail infrastructure and related infrastructure, including for communications, to support rail passenger and rail freight services;\n\n(d) manage access to the rail network operated by V/Line Corporation;\n\nS. 132(1)(e) amended by Nos 61/2011 s. 5(5), 49/2019 s. 86(a).\n\n(e) independently perform a function specified in paragraph (a), (b), (c) or (d) to meet a requirement as set by the Head, Transport for Victoria in accordance with sections 64C and 64D;\n\nS. 132(1)(f) amended by Nos 3/2017 s. 32(a), 49/2019 s. 86(b).\n\n(f) develop and deliver projects, including by acquiring rolling stock, constructing rail infrastructure, roads or road-related infrastructure, or provide assistance to the Secretary or any other relevant body in making improvements to the transport system;\n\nS. 132(1)(g) amended by Nos 61/2011 s. 5(6), 49/2019 s. 86(c).\n\n(g) provide advice to the Head, Transport for Victoria to assist in operational policy development in relation to public transport system matters as requested by the Head, Transport for Victoria;\n\nS. 132(1)(h) amended by Nos 61/2011 s. 15(1), 3/2017 s. 32(b), 49/2019 s. 86(d).\n\n(h) develop and implement effective environmental policies, strategies and management systems under the Secretary's planning framework to support a sustainable transport system, including minimising any adverse environmental impacts from rail passenger and rail freight services;\n\n(i) provide, or arrange for the provision and dissemination of, information to Victorians about its rail passenger and rail freight services;\n\n(j) report on the activities of any other person carrying out a function specified in paragraph (a), (b), (c) or (d) on behalf of V/Line Corporation;\n\nS. 132(1)(k) amended by No. 3/2017 s. 32(c), substituted by No. 49/2019 s. 86(e).\n\n(k) perform any other functions or duties conferred on V/Line Corporation by or under this Act or any other Act.\n\n(2) In performing the functions conferred on V/Line Corporation, V/Line Corporation must—\n\nS. 132(2)(a) amended by No. 61/2011 s. 15(2)(a).\n\n(a) where relevant, engage with stakeholders so as to ensure better outcomes for all Victorians;\n\nS. 132(2)(b) amended by No. 61/2011 s. 15(2)(b).\n\n(b) conduct research and collect information relating to the performance of those functions and the operation of the transport system so as to enable the V/Line Corporation to meet the primary object of V/Line Corporation;\n\n(c) efficiently deal with any complaints relating to the performance of its functions.\n\n(3) V/Line Corporation may, with the approval or at the direction of the Minister, cease to perform all or any of its functions.\n\n","sortOrder":145},{"sectionNumber":"133","sectionType":"section","heading":"Contingency planning for exercise of certain powers","content":"\t133 Contingency planning for exercise of certain powers\n\nV/Line Corporation must develop and maintain a contingency plan for the possible carrying out of rail operations by it in the event another person carrying out rail operations does not want, or is unable, to do so.\n\nPt 6 Div. 3 (ss 134–141) amended by Nos 61/2011 s. 16, 49/2013 s. 73, 3/2017 ss 33–35, repealed by No. 49/2019 s. 63, new  \nPt 6 Div. 3 (Heading and ss 133A–133G) inserted by No. 19/2022 s. 5.\n\nDivision 3—Ports Victoria\n\nS. 133A inserted by No. 19/2022 s. 5.\n\n","sortOrder":146},{"sectionNumber":"133A","sectionType":"section","heading":"Definitions","content":"\t133A Definitions\n\n***local port manager*** has the same meaning as in the **Marine Safety Act 2010**;\n\n***marine safety infrastructure*** has the same meaning as in the **Marine Safety Act 2010**;\n\n***TRO No. 1/2021*** means the Transport Restructuring Order known as the Transport Restructuring Order (Establishment of Ports Victoria) No. 1/2021 dated 16 June 2021 and published in the Government Gazette on 17 June 2021;\n\n***waterway manager*** has the same meaning as in the **Marine Safety Act 2010**.\n\nS. 133B inserted by No. 19/2022 s. 5.\n\n","sortOrder":147},{"sectionNumber":"133B","sectionType":"section","heading":"Ports Victoria","content":"\t133B Ports Victoria\n\nThe sector transport agency Ports Victoria constituted by TRO No. 1/2021 (as in force immediately before the commencement of this section) is continued under this Act.\n\nS. 133C inserted by No. 19/2022 s. 5.\n\n","sortOrder":148},{"sectionNumber":"133C","sectionType":"section","heading":"Ports Victoria not to represent the Crown","content":"\t133C Ports Victoria not to represent the Crown\n\nPorts Victoria is a public entity, but does not represent the Crown.\n\nS. 133D inserted by No. 19/2022 s. 5.\n\n","sortOrder":149},{"sectionNumber":"133D","sectionType":"section","heading":"Object of Ports Victoria","content":"\t133D Object of Ports Victoria\n\n(1) The main objects of Ports Victoria are to manage, and support the management of, port of Melbourne waters, channels in port of Melbourne waters, regional port waters and channels in regional port waters for use on a fair, safe and efficient basis consistent with the vision statement and the transport system objectives.\n\n(2) Without limiting the generality of subsection (1), the objects of Ports Victoria include the following—\n\n(a) to promote and facilitate trade through commercial trading ports and local ports;\n\n(b) to support the strategic planning and development of the Victorian ports system;\n\n(c) to participate in emergency management at a State level in accordance with the state emergency management plan within the meaning of the **Emergency Management Act 2013**;\n\n(d) to undertake operational activities, including asset management and project management in relation to the Victorian ports system;\n\n(e) to provide technical and consultancy services in relation to the Victorian ports system.\n\nS. 133E inserted by No. 19/2022 s. 5.\n\n","sortOrder":150},{"sectionNumber":"133E","sectionType":"section","heading":"Functions of Ports Victoria","content":"\t133E Functions of Ports Victoria\n\n(1) The functions of Ports Victoria are—\n\n(a) to establish, provide, and maintain port systems and infrastructure for port land and port waters for which Ports Victoria is responsible; and\n\n(b) to manage and develop, or enable and control the management and development of, port land and infrastructure for which Ports Victoria is responsible; and\n\n(c) to provide navigational control and safety services in State waters other than port waters; and\n\n(d) to establish and manage channels in the port waters of commercial trading ports; and\n\n(e) to dredge and maintain, in accordance with standards determined under section 199 of the **Marine Safety Act 2010**, channels in the port waters of commercial trading ports; and\n\n(f) to provide and maintain, in accordance with standards determined under section 199 of the **Marine Safety Act 2010**, navigation aids in connection with navigation in port land and port waters for which Ports Victoria is responsible; and\n\n(g) to provide and maintain marine safety infrastructure in connection with port land and port waters for which Ports Victoria is responsible; and\n\n(h) to generally direct and control the movement of vessels in port of Melbourne waters and regional port waters in accordance with the **Marine Safety Act 2010**; and\n\n(i) to provide advice and information to port managers in relation to the integrated planning, development, management and promotion activities for ports; and\n\n(j) to provide advice, guidance and expertise in relation to port and maritime issues to local port managers and waterway managers; and\n\n(k) to engage harbour masters in accordance with the **Marine Safety Act 2010**; and\n\n(l) to develop standards and codes for navigational safety in relation to the Victorian ports system; and\n\nS. 133E(1)(la) inserted by No. 19/2022 s. 14.\n\n(la) to license pilotage services providers in accordance with the **Port Management Act 1995**; and\n\n(m) to promote the sustainable growth of trade carried out through the Victorian ports system; and\n\n(n) to develop and facilitate the development of the cruise ship industry in Victoria; and\n\nS. 133E(1)(na) inserted by No. 19/2022 s. 15.\n\n(na) to licence towage service providers in accordance with the **Port Management Act 1995**; and\n\n(o) any other function conferred on Ports Victoria by this or any other Act.\n\n(2) Ports Victoria must ensure that a standard or code developed for the purposes of subsection (1)(l) is published on an Internet website maintained by Ports Victoria.\n\n(3) It is not a function of Ports Victoria to develop strategic or regulatory policy in relation to the functions described in subsection (1).\n\n(4) In performing the functions conferred on it, Ports Victoria must—\n\n(a) carry out its functions consistently with State policies and strategies for the development of the Victorian port and freight networks; and\n\n(b) to the extent that it is possible to do so consistently with paragraph (a), operate in a commercially sound manner having regard to—\n\n(i) the benefits of increased competition between persons and bodies that provide services related to the operation of the port of Melbourne; and\n\n(ii) the persons living or working in the immediate neighbourhood of the port of Melbourne; and\n\n(iii) the benefits of increased competition between persons and bodies that provide services related to the operation of regional port waters or State waters in relation to which Ports Victoria is carrying out its functions; and\n\n(iv) the need to conduct research and collect information relating to the performance of Ports Victoria's functions so as to enable Ports Victoria to meet its main objects; and\n\n(v) the need to deal efficiently with any complaints relating to the performance of Ports Victoria's functions.\n\n(5) Ports Victoria may perform a function described in subsection (1)(d), (e), (f) or (g) in relation to a commercial trading port or channels in the port waters of a commercial trading port by arranging for the port manager of the commercial trading port or another person—\n\n(a) to establish, manage and, in accordance with the standards determined under section 199 of the **Marine Safety Act 2010**, dredge and maintain channels in the waters of the commercial trading port; and\n\n(b) to provide and maintain, in accordance with the standards determined under section 199 of the **Marine Safety Act 2010**, navigation aids in connection with navigation in the waters of that port or channels in those waters; and\n\n(c) to direct and control the movement of vessels within the waters of that port or channels in those waters in accordance with the **Marine Safety Act 2010**.\n\n(6) Subject to subsection (7), Ports Victoria may enter into an arrangement with a person, other than a port manager of a local port or a waterway manager, to provide a port service or navigation or marine service for a fee or charge.\n\n(7) Ports Victoria may only enter into an agreement under subsection (6) to provide a service, or any part of a service, outside Victoria—\n\n(a) after consultation with the Secretary; and\n\n(b) if the Minister has approved Ports Victoria to provide that service, or a relevant class of service, outside Victoria.\n\nS. 133F inserted by No. 19/2022 s. 5.\n\n","sortOrder":151},{"sectionNumber":"133F","sectionType":"section","heading":"Public interest functions of Ports Victoria","content":"\t133F Public interest functions of Ports Victoria\n\n(1) The Minister, with the approval of the Treasurer, may direct the board of Ports Victoria—\n\n(a) to perform certain functions that the Minister considers to be in the public interest but that may cause Ports Victoria to suffer financial detriment; or\n\n(b) to cease to perform functions of a kind referred to in paragraph (a); or\n\n(c) to cease to perform certain functions that the Minister considers not to be in the public interest.\n\n(2) The board of Ports Victoria must comply with a direction given under subsection (1).\n\n(3) If Ports Victoria satisfies the Treasurer that it has suffered financial detriment as a result of complying with a direction given under subsection (1), Ports Victoria may be reimbursed by the State an amount determined by the Treasurer and the Consolidated Fund is appropriated to the necessary extent.\n\n(4) The reference in this section to suffering financial detriment includes a reference to incurring net costs that are greater than would have been incurred if the direction were not complied with.\n\nS. 133G inserted by No. 19/2022 s. 5.\n\n","sortOrder":152},{"sectionNumber":"133G","sectionType":"section","heading":"Ports Victoria may provide services for fee or charge","content":"\t133G Ports Victoria may provide services for fee or charge\n\nPorts Victoria may, on request, provide a prescribed service, or any part of a prescribed service, to the port manager of a local port or a waterway manager—\n\n(a) without fee or charge; or\n\n(b) in prescribed circumstances, for a fee or charge that does not exceed the cost of providing the service.\n\nPt 6 Div. 3A (Heading and ss 141A–141H) inserted by No. 45/2010 s. 8, amended by Nos 38/2011 ss 4–8, 61/2011 s. 17, 10/2016 ss 90–93,  \n176, 177, 179(Sch. 1 items  \n8.1–8.13), 3/2017 ss 36, 37, 49/2019 ss 87, 186(Sch. 4 items 43.8, 43.9), repealed by No. 19/2022 s. 4.\n\nPt 6 Div. 3B (Heading and ss 141I–141P) inserted by No. 45/2010 s. 8, amended by Nos 38/2011 ss 9, 10, 61/2011 s. 18, 3/2017 s. 38, 49/2019 s. 88, repealed by No. 19/2022 s. 4.\n\nPt 6 Div. 3C (Heading) amended by No. 19/2022 s. 17.\n\nPt 6 Div. 3C (Heading and ss 141Q–141V) inserted by No. 38/2011 s. 11.\n\n","sortOrder":153},{"sectionNumber":"Div 3C","sectionType":"division","heading":"Port of Hastings Corporation","content":"Division 3C—Port of Hastings Corporation\n\nS. 141Q (Heading) amended by No. 19/2022 s. 18(1).\n\nS. 141Q inserted by No. 38/2011 s. 11, amended by No. 19/2022 s. 18(2).\n\n","sortOrder":154},{"sectionNumber":"141Q","sectionType":"section","heading":"Establishment of Port of Hastings Corporation","content":"\t141Q Establishment of Port of Hastings Corporation\n\nThe Port of Hastings Corporation is established.\n\nS. 141R (Heading) amended by No. 19/2022 s. 19(1).\n\nS. 141R inserted by No. 38/2011 s. 11, amended by No. 19/2022 s. 19(2).\n\n","sortOrder":155},{"sectionNumber":"141R","sectionType":"section","heading":"Port of Hastings Corporation not to represent the Crown","content":"\t141R Port of Hastings Corporation not to represent the Crown\n\nThe Port of Hastings Corporation is a public entity, but does not represent the Crown.\n\nS. 141S (Heading) amended by No. 19/2022 s. 20(1).\n\nS. 141S inserted by No. 38/2011 s. 11.\n\n","sortOrder":156},{"sectionNumber":"141S","sectionType":"section","heading":"Object of Port of Hastings Corporation","content":"\t141S Object of Port of Hastings Corporation\n\nS. 141S(1) substituted by No. 19/2022 s. 20(2).\n\n(1) The primary object of the Port of Hastings Corporation is to manage, develop and operate the port of Hastings consistently with the vision statement and the transport system objectives.\n\n(2) Without limiting the generality of subsection (1), the primary object includes the following—\n\n(a) to seek to ensure, in collaboration with relevant responsible bodies, that appropriate transport infrastructure is provided to support the growth and development of the port of Hastings;\n\n(b) to ensure, in collaboration with relevant responsible bodies, that the port of Hastings is effectively integrated with the transport system and other systems of infrastructure in the State;\n\n(c) to facilitate, in collaboration with relevant responsible bodies, the sustainable growth of trade through the port of Hastings;\n\n(d) to ensure that essential port services of the port of Hastings are available and cost effective.\n\nS. 141T (Heading) amended by No. 19/2022 s. 21(1).\n\nS. 141T inserted by No. 38/2011 s. 11.\n\n","sortOrder":157},{"sectionNumber":"141T","sectionType":"section","heading":"Functions of Port of Hastings Corporation","content":"\t141T Functions of Port of Hastings Corporation\n\nS. 141T(1) amended by No. 19/2022 s. 21(2).\n\n(1) The functions of the Port of Hastings Corporation are—\n\n(a) to plan for the development and operation of the port of Hastings;\n\n(b) to provide land, waters and infrastructure necessary for the development and operation of the port of Hastings;\n\n(c) to develop, or enable and control the development by others of, the whole or any part of the port of Hastings;\n\n(d) to manage, or enable and control the management by others of, the whole or any part of the port of Hastings;\n\n(e) to provide, or enable and control the provision by others of, services for the operation of the port of Hastings;\n\n(f) to promote and market the port of Hastings;\n\n(g) to facilitate the integration of infrastructure and logistics systems in the port of Hastings with the transport system and other relevant systems outside the port;\n\n(h) to perform functions in accordance with a direction given by the Minister under section 141V;\n\nS. 141T(1)(i) amended by No. 3/2017 s. 39. substituted by No. 49/2019 s. 89, amended by No. 19/2022 s. 21(2).\n\n(i) to perform any other functions or duties conferred on the Port of Hastings Corporation by or under this Act or any other Act.\n\nS. 141T(2) amended by No. 19/2022 s. 21(3).\n\n(2) In performing the functions conferred on the Port of Hastings Corporation, the Port of Hastings Corporation must—\n\n(a) carry out its functions consistently with State policies and strategies for the development of the Victorian port and freight networks; and\n\n(b) to the extent that it is possible to do so consistently with paragraph (a), operate in a commercially sound manner having regard to—\n\n(i) the benefits of increased competition between persons and bodies that provide services related to the operation of the port of Hastings;\n\n(ii) the persons living or working in the immediate neighbourhood of the port of Hastings;\n\nS. 141T  \n(2)(b)(iii) amended by No. 19/2022 s. 21(3).\n\n(iii) the need to conduct research and collect information relating to the performance of the functions and the operation of the port of Hastings so as to enable the Port of Hastings Corporation to meet the primary object of the Port of Hastings Corporation;\n\n(iv) the need to deal efficiently with any complaints relating to the performance of its functions.\n\nS. 141U (Heading) amended by Nos 3/2017 s. 40(1), 49/2019 s. 186(Sch. 4 item 43.10), 19/2022 s. 22(1).\n\nS. 141U inserted by No. 38/2011 s. 11.\n\n\t141U Acquisition or disposal of land by Port of Hastings Corporation to be subject to consultation with the Secretary and approval by Minister\n\nS. 141U(1) amended by Nos 3/2017 s. 40(2), 49/2019 s. 186(Sch. 4 item 43.11), 19/2022 s. 22(2).\n\n(1) The Port of Hastings Corporation must consult with the Secretary and obtain the approval of the Minister before acquiring or disposing of any interest in land.\n\nS. 141U(2) amended by No. 19/2022 s. 22(2).\n\n(2) Subsection (1) does not apply to any interest in land or class of interest in land exempted by the Minister by notice in writing given to the Port of Hastings Corporation.\n\nS. 141V inserted by No. 38/2011 s. 11.\n\n","sortOrder":158},{"sectionNumber":"141V","sectionType":"section","heading":"Public interest functions","content":"\t141V Public interest functions\n\nS. 141V(1) amended by No. 19/2022 s. 23(1).\n\n(1) The Minister, with the approval of the Treasurer, may direct the board of the Port of Hastings Corporation—\n\nS. 141V(1)(a) amended by No. 19/2022 s. 23(1).\n\n(a) to perform certain functions that the Minister considers to be in the public interest but that may cause the Port of Hastings Corporation to suffer financial detriment; or\n\n(b) to cease to perform functions of a kind referred to in paragraph (a); or\n\n(c) to cease to perform certain functions that the Minister considers not to be in the public interest.\n\nS. 141V(2) amended by No. 19/2022 s. 23(2).\n\n(2) The board of the Port of Hastings Corporation must comply with a direction given under subsection (1).\n\nS. 141V(3) amended by No. 19/2022 s. 23(3).\n\n(3) If the Port of Hastings Corporation satisfies the Treasurer that it has suffered financial detriment as a result of complying with a direction given under subsection (1), the Port of Hastings Corporation may be reimbursed by the State an amount determined by the Treasurer and the Consolidated Fund is hereby appropriated to the necessary extent accordingly.\n\n(4) The reference in this section to suffering financial detriment includes a reference to incurring net costs that are greater than would have been incurred if the direction were not complied with.\n\nDivision 4—Provisions applying to Transport Corporations\n\nPt 6 Div. 4 Subdiv. 1 (Heading) inserted by No. 34/2023 s. 82.\n\n","sortOrder":159},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Nature of Transport Corporations","content":"Subdivision 1—Nature of Transport Corporations\n\n","sortOrder":160},{"sectionNumber":"142","sectionType":"section","heading":"Transport Corporation is a body corporate","content":"\t142 Transport Corporation is a body corporate\n\n(1) A Transport Corporation—\n\n(a) is a body corporate with perpetual succession;\n\n(b) has an official seal;\n\n(c) may sue and be sued;\n\n(d) may acquire, hold and dispose of real and personal property;\n\n(2) All courts must take judicial notice of the official seal of a Transport Corporation affixed to a document and, until the contrary is proved, must presume that it was duly affixed.\n\n(3) The official seal of a Transport Corporation must—\n\n(a) be kept in such custody as the Transport Corporation directs;\n\n(b) not be used except as authorised by the Transport Corporation.\n\nPt 6 Div. 4 Subdiv. 2 (Heading and s. 142A) inserted by No. 34/2023 s. 83.\n\n","sortOrder":161},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Constitution of Transport Corporations other than V/Line Corporation","content":"Subdivision 2—Constitution of Transport Corporations other than V/Line Corporation\n\nS. 142A inserted by No. 34/2023 s. 83, amended by No. 25/2025 s. 94.\n\n","sortOrder":162},{"sectionNumber":"142A","sectionType":"section","heading":"Application","content":"\t142A Application\n\nThis Subdivision does not apply to V/Line Corporation.\n\n","sortOrder":163},{"sectionNumber":"143","sectionType":"section","heading":"Board of directors","content":"\t143 Board of directors\n\n(1) A Transport Corporation must have a board of directors.\n\n(2) The board of directors of a transport corporation is to consist of not less than 3, and not more than 9, directors appointed in accordance with this Division.\n\n(3) The board of directors of a Transport Corporation—\n\n(a) is responsible for the management of the affairs of the Transport Corporation;\n\n(b) may exercise the powers of the Transport Corporation.\n\n","sortOrder":164},{"sectionNumber":"144","sectionType":"section","heading":"Constitution of board of directors","content":"\t144 Constitution of board of directors\n\nThe board of directors of a Transport Corporation consists of—\n\n(a) a chairperson;\n\n(b) a deputy chairperson;\n\n(c) subject to section 143(2), any other directors as are appointed by the Governor in Council in accordance with this Division.\n\n","sortOrder":165},{"sectionNumber":"145","sectionType":"section","heading":"Appointment of directors","content":"\t145 Appointment of directors\n\n(1) The chairperson, deputy chairperson and other directors of a Transport Corporation must be appointed by the Governor in Council on the recommendation of the Minister made after consultation with the Treasurer.\n\n(2) A director is appointed for the term not exceeding 3 years as is specified in the instrument of appointment.\n\n(3) A director is appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.\n\n(4) A director is eligible to be re-appointed.\n\n(5) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a director of a Transport Corporation in respect of the office of director.\n\n","sortOrder":166},{"sectionNumber":"146","sectionType":"section","heading":"Acting appointments","content":"\t146 Acting appointments\n\n(1) The deputy chairperson of the board of directors of a Transport Corporation must act as chairperson if—\n\n(a) the office of chairperson is vacant; or\n\n(b) during any period when the chairperson is absent; or\n\n(c) the chairperson is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office.\n\n(2) While the deputy chairperson is acting as chairperson, the deputy chairperson—\n\n(a) has and may exercise all the powers, and must perform all the functions and duties, of the chairperson;\n\n(b) is entitled to be paid the remuneration and allowances which the chairperson would have been entitled to.\n\n(3) The Minister after consultation with the Treasurer may appoint a director of a Transport Corporation to act as deputy chairperson—\n\n(a) during a vacancy in the office of deputy chairperson; or\n\n(b) during any period when the deputy chairperson is absent; or\n\n(c) during any period when the deputy chairperson is acting as chairperson; or\n\n(d) if the deputy chairperson is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office.\n\n(4) While a director is acting as deputy chairperson, the director—\n\n(a) has and may exercise all the powers, and must perform all the functions and duties, of the deputy chairperson;\n\n(b) is entitled to be paid the remuneration and allowances which the deputy chairperson would have been entitled to.\n\n(5) The Minister after consultation with the Treasurer may appoint a person to act as a director (other than the chairperson or deputy chairperson) of a Transport Corporation—\n\n(a) during a vacancy in the office of a director; or\n\n(b) during any period when the director is absent; or\n\n(c) during any period when the director is acting as deputy chairperson; or\n\n(d) if the director is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office.\n\n(6) While a person is acting as a director, the person—\n\n(a) has and may exercise all the powers, and must perform all the functions and duties, of a director;\n\n(b) is entitled to be paid the remuneration and allowances which a director would have been entitled to.\n\n","sortOrder":167},{"sectionNumber":"147","sectionType":"section","heading":"Chief executive officer and other employees","content":"\t147 Chief executive officer and other employees\n\n(1) The board of directors of a Transport Corporation, with the approval of the Minister after consultation with the Treasurer, may appoint a person as the chief executive officer of the Transport Corporation and may at any time remove or suspend a person from that office.\n\nS. 147(2) amended by No. 25/2025 s. 86.\n\n(2) The chief executive officer of a Transport Corporation holds office, subject to this Act, on a full-time or part-time basis and on such terms and conditions as are determined by the Minister after consultation with the Treasurer and specified in the instrument of appointment.\n\n(3) The chief executive officer may be a director of the Transport Corporation but may not be the chairperson of the board of directors.\n\n(4) The chief executive officer may resign from the office in writing signed by the chief executive officer and delivered to the chairperson of the board of directors.\n\n(5) If the chief executive officer is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the office of chief executive officer, the board of directors may appoint another person to act in the place of the chief executive officer during the period of the inability.\n\n(6) A person appointed under this section to act in the place of the chief executive officer while so acting—\n\n(a) has all the rights and powers, and must perform all the duties, of the chief executive officer of the Transport Corporation; and\n\n(b) is to be paid any remuneration and travelling or other allowances fixed by the board of directors from time to time, having regard to the rate of remuneration and allowances for the time being payable to the chief executive officer of the Transport Corporation.\n\n(7) The board of directors of a Transport Corporation may employ any persons it considers are necessary for the performance of its functions.\n\nS. 147(8) amended by No. 34/2023 s. 124.\n\n(8) If the chief executive officer or a person employed by a Transport Corporation was immediately before their appointment an officer within the meaning of the **State Superannuation Act 1988** or a member within the meaning of the **Transport Superannuation Act 1988**, the officer or person continues to be such an officer or member while serving with the Transport Corporation.\n\n","sortOrder":168},{"sectionNumber":"148","sectionType":"section","heading":"Vacancies, resignations, removal from office","content":"\t148 Vacancies, resignations, removal from office\n\n(1) The office of a director of a Transport Corporation becomes vacant if the director—\n\n(a) without the approval of the board of directors, fails to attend 3 consecutive meetings of the board of directors; or\n\nS. 148(1)(b) amended by No. 34/2023 s. 125(1).\n\n(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the director's creditors or makes an assignment of the director's remuneration for their benefit; or\n\n(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence.\n\n(2) A director may resign by notice in writing delivered to the Minister.\n\n(3) The Governor in Council may remove or suspend a director from office.\n\nS. 148(4) amended by No. 34/2023 s. 125(2).\n\n(4) A director must be removed from office by the Governor in Council if the director is convicted of an offence relating to their duties as a director.\n\n","sortOrder":169},{"sectionNumber":"149","sectionType":"section","heading":"Validity of acts or decisions","content":"\t149 Validity of acts or decisions\n\nAn act or decision of the board of directors of a Transport Corporation is not invalid only—\n\n(a) because of a vacancy in the membership of the board of directors, including a vacancy arising from the failure to appoint a director; or\n\n(b) because of a defect or irregularity in, or in connection with, the appointment of a director or an acting director; or\n\n(c) in the case of an acting director, on the grounds that the occasion for the person to act had not arisen or had ceased.\n\n","sortOrder":170},{"sectionNumber":"150","sectionType":"section","heading":"Proceedings of board of directors","content":"\t150 Proceedings of board of directors\n\n(1) Subject to subsection (2), meetings of the board of directors of a Transport Corporation must be held at the times and places determined by the board of directors.\n\n(2) The chairperson—\n\n(a) may at any time convene a meeting of the board of directors;\n\n(b) must convene a meeting of the board of directors when requested by a director to do so.\n\n(3) A majority of the directors of the board of directors for the time being constitutes a quorum of the board of directors.\n\n(4) A question arising at a meeting of the board of directors is determined by a majority of votes.\n\n(5) The person presiding at a meeting of the board of directors has—\n\n(a) a deliberative vote; and\n\n(b) in the case of an equality of votes, a second or casting vote.\n\n(6) The board of directors must ensure that accurate minutes are kept of its meetings.\n\n(7) The board of directors may permit directors to participate in a particular meeting, or all meetings, by telephone, closed-circuit television or other means of communication that does not require the physical presence of each director in the same place.\n\n(8) Subject to this Act, the board of directors may regulate its own proceedings.\n\n","sortOrder":171},{"sectionNumber":"151","sectionType":"section","heading":"Resolutions without meetings","content":"\t151 Resolutions without meetings\n\n(1) If the directors for the time being of a Transport Corporation (other than a director who is absent from Australia when the other directors sign) sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is deemed to have been passed at a meeting of the board of directors held—\n\n(a) on the day on which the document is signed; or\n\n(b) if the directors do not sign the document on the same day, on the day on which the last director to sign signs the document.\n\n(2) If a resolution is deemed under subsection (1) to have been passed at a meeting of the board of directors, each director must be—\n\n(a) advised as soon as practicable; and\n\n(b) given a copy of the terms of the resolution.\n\n(3) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, are deemed to constitute one document.\n\nPt 6 Div. 4 Subdiv. 3 (Heading and ss 151A−151C) inserted by No. 34/2023 s. 84.\n\n","sortOrder":172},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Constitution of V/Line Corporation","content":"Subdivision 3—Constitution of V/Line Corporation\n\nS. 151A inserted by No. 34/2023 s. 84.\n\n","sortOrder":173},{"sectionNumber":"151A","sectionType":"section","heading":"Chief executive officer of V/Line Corporation","content":"\t151A Chief executive officer of V/Line Corporation\n\n(1) The Minister, after consultation with the Treasurer, may appoint a person as the chief executive officer of V/Line Corporation and may at any time remove or suspend a person from that office.\n\nS. 151A(2) amended by No. 25/2025 s. 87.\n\n(2) The chief executive officer of V/Line Corporation holds office, subject to this Act, on a full-time or part-time basis—\n\n(a) for a period not exceeding 5 years; and\n\n(b) on such other terms and conditions—\n\nas determined by the Minister after consultation with the Treasurer and specified in the instrument of appointment.\n\n(3) The chief executive officer of V/Line Corporation may resign from the office in writing signed by the chief executive officer and delivered to the Minister.\n\n(4) If the chief executive officer of V/Line Corporation was, immediately before their appointment, an officer within the meaning of the **State Superannuation Act 1988** or a member within the meaning of the **Transport Superannuation Act 1988**, the chief executive officer continues to be such an officer or member while serving as chief executive officer of V/Line Corporation.\n\n(5) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to the chief executive officer of V/Line Corporation in respect of the office as chief executive officer.\n\nS. 151B inserted by No. 34/2023 s. 84.\n\n","sortOrder":174},{"sectionNumber":"151B","sectionType":"section","heading":"Acting chief executive officer of V/Line Corporation","content":"\t151B Acting chief executive officer of V/Line Corporation\n\n(1) If the chief executive officer of V/Line Corporation is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the office of chief executive officer, the Minister, after consulting the Treasurer, may appoint another person to act in the place of the chief executive officer during the period of the inability.\n\nS. 151B(1A) inserted by No. 25/2025 s. 88.\n\n(1A) Despite subsection (1), the Minister is not required to consult the Treasurer before appointing a person to act in the place of the chief executive officer under this section, if the person's appointment will be for a period not exceeding 4 weeks.\n\n(2) A person appointed under this section to act in the place of the chief executive officer of V/Line Corporation while so acting—\n\n(a) has all the rights and powers, and must perform all the duties, of the chief executive officer of V/Line Corporation; and\n\n(b) is to be paid any remuneration and travelling or other allowances fixed by the Minister from time to time, having regard to the rate of remuneration and allowances for the time being payable to the chief executive officer of V/Line Corporation.\n\n(3) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a person appointed to act in the place of the chief executive officer of V/Line Corporation.\n\nS. 151C inserted by No. 34/2023 s. 84.\n\n","sortOrder":175},{"sectionNumber":"151C","sectionType":"section","heading":"Validity of acts or decisions of V/Line Corporation","content":"\t151C Validity of acts or decisions of V/Line Corporation\n\nAn act or decision of the V/Line Corporation is not invalid only—\n\n(a) because of a vacancy in the office of the chief executive officer of V/Line Corporation; or\n\n(b) because of a defect or irregularity in, or in connection with, the appointment of the chief executive officer of V/Line Corporation; or\n\n(c) in the case of a person appointed to act as the chief executive officer of V/Line Corporation, on the grounds that the occasion for the person so acting had not arisen or had ceased.\n\nPt 6 Div. 4 Subdiv. 4 (Heading and s. 151D) inserted by No. 34/2023 s. 84.\n\n","sortOrder":176},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Employment powers of V/Line Corporation","content":"Subdivision 4—Employment powers of V/Line Corporation\n\nS. 151D inserted by No. 34/2023 s. 84.\n\n","sortOrder":177},{"sectionNumber":"151D","sectionType":"section","heading":"Employment of staff","content":"\t151D Employment of staff\n\nV/Line Corporation may employ any person it considers necessary for the performance of its functions.\n\nPt 6 Div. 4 Subdiv. 5 (Heading) inserted by No. 34/2023 s. 85.\n\n","sortOrder":178},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Powers","content":"Subdivision 5—Powers\n\n","sortOrder":179},{"sectionNumber":"152","sectionType":"section","heading":"Powers of a Transport Corporation","content":"\t152 Powers of a Transport Corporation\n\n(1) A Transport Corporation has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the Transport Corporation and the performance of its functions.\n\n(2) Without limiting the generality of subsection (1), a Transport Corporation may—\n\n(a) enter into any agreement or contract;\n\n(b) enter into any lease or licence;\n\n(c) participate in the formation of a corporation, trust, partnership or other body;\n\n(d) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation;\n\n(e) become a member of a company limited by guarantee;\n\n(f) subscribe for or otherwise acquire, and hold and dispose of, units in a trust;\n\n(g) acquire, and hold and dispose of, an interest in a partnership or other body;\n\n(h) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the Transport Corporation;\n\nS. 152(2)(i) amended by No. 18/2020 s. 156(4).\n\n(i) make any land or other property vested in or managed by the Transport Corporation or any person employed by the Transport Corporation available for use or engagement by any other person;\n\n(j) engage in any business, undertaking or activity incidental to the performance of its functions;\n\n(k) engage consultants, contractors or agents;\n\n(l) act as trustee;\n\n(m) act as an agent of another person.\n\n(3) Despite subsections (1) and (2), a Transport Corporation must not, without the written approval of the Minister—\n\n(a) form, or participate in the formation of, or be a member of, or hold shares in, a company that carries out the functions of a public transport industry ombudsman; or\n\n(b) enter into an agreement with respect to participating in a public transport industry ombudsman scheme.\n\nS. 152(4) amended by No. 3/2017 s. 41(1), substituted by No. 49/2019 s. 90.\n\n(4) Without limiting the generality of subsection (1), a Transport Corporation may exercise the powers conferred on the Transport Corporation by or under this Act or any other Act.\n\nS. 152(4A) inserted by No. 3/2017 s. 41(2).\n\n(4A) Despite subsection (2)(c), a Transport Corporation cannot in relation to the provision of regional transport services participate in the formation of a corporation without the consent of the Premier, the Treasurer and the Minister.\n\n(5) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on a Transport Corporation.\n\n","sortOrder":180},{"sectionNumber":"153","sectionType":"section","heading":"Certain powers not affected","content":"\t153 Certain powers not affected\n\nS. 153(1) amended by Nos 61/2011 s. 5(4), 49/2019 s. 186(Sch. 4 item 43.12), 34/2023 s. 86.\n\n(1) This Part does not affect or limit the power of the Secretary or the Head, Transport for Victoria to enter into any contract, agreement, lease or licence with another person to carry out a function of a Transport Corporation.\n\n(2) Without limiting or derogating from any other power, the Minister for and on behalf of the Crown, may be a party to any agreement providing for the sale, assignment, transfer or disposal of all or any part of the property, rights, liabilities, undertaking or business of a Transport Corporation or to any related franchise or other agreement of any kind.\n\n","sortOrder":181},{"sectionNumber":"154","sectionType":"section","heading":"Borrowing and investment by a Transport Corporation","content":"\t154 Borrowing and investment by a Transport Corporation\n\nA Transport Corporation has the powers conferred on it by the **Borrowing and Investment Powers Act 1987**.\n\n","sortOrder":182},{"sectionNumber":"155","sectionType":"section","heading":"Transport Corporation not to make loans to directors","content":"\t155 Transport Corporation not to make loans to directors\n\nS. 155(1) amended by Nos 34/2023 s. 87(1), 25/2025 s. 95.\n\n(1) The powers of a Transport Corporation that is not V/Line Corporation do not include a power, whether directly or indirectly—\n\nS. 155(1)(a) amended by No. 45/2010 s. 9.\n\n(a) to make a loan to a director of the Transport Corporation, a partner of such a director, or a relative (as defined in the Corporations Act) of such a director or partner; or\n\nS. 155(1)(b) amended by No. 45/2010 s. 9.\n\n(b) to give a guarantee or provide security in connection with a loan made or to be made by another person to a director, partner or relative referred to in paragraph (a).\n\nS. 155(2) amended by Nos 34/2023 s. 87(2), 25/2025 s. 95.\n\n(2) Nothing in subsection (1) prohibits a Transport Corporation that is not V/Line Corporation from entering into an agreement or arrangement with a person referred to in subsection (1) if similar agreements or arrangements are entered into by the Transport Corporation with members of the public on the same terms and conditions.\n\n","sortOrder":183},{"sectionNumber":"156","sectionType":"section","heading":"Extra-territoriality","content":"\t156 Extra-territoriality\n\nA Transport Corporation may perform its functions and exercise its powers within or outside Victoria and outside Australia.\n\nS. 157 amended by Nos 34/2023 s. 88, 25/2025 s. 96.\n\n","sortOrder":184},{"sectionNumber":"157","sectionType":"section","heading":"Indemnity","content":"\t157 Indemnity\n\nThe powers of a Transport Corporation that is not V/Line Corporation do not include a power to exempt, whether directly or indirectly, a director of the Transport Corporation from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of the Transport Corporation against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to the Transport Corporation.\n\nPt 6 Div. 4 Subdiv. 6 (Heading) inserted by No. 34/2023 s. 89.\n\n","sortOrder":185},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"General","content":"Subdivision 6—General\n\n","sortOrder":186},{"sectionNumber":"158","sectionType":"section","heading":"Determination of initial capital","content":"\t158 Determination of initial capital\n\n(1) The Minister must determine the amount of initial capital of a Transport Corporation.\n\n(2) In making the determination, the Minister must have regard to any relevant advice that the board of directors of the Transport Corporation has given to the Minister.\n\n(3) The determination must be in writing.\n\n(4) The value of the capital is—\n\n(a) the value specified in the determination; or\n\n(b) if the Minister and the board of directors of the Transport Corporation agree that the value so specified does not correctly represent the value, the value agreed by the Minister and the board of directors.\n\n(5) For the purposes of this Part, the amount of initial capital determined by the Minister in respect of Victorian Rail Track and V/Line Passenger Corporation under section 33 of the **Rail Corporations Act 1996** (as in force immediately before the commencement of this section) is deemed to have been determined under this section.\n\nS. 158(6) inserted by No. 45/2010 s. 10, amended by Nos 38/2011 s. 12, 10/2016 s. 179(Sch. 1 item 8.14), 19/2022 s. 6.\n\n(6) This section applies to Ports Victoria and the Port of Hastings Corporation, with the following modifications—\n\n(a) in subsection (1), a reference to the Minister is taken to be a reference to the Treasurer after consultation with the Minister;\n\n(b) in subsections (2) and (4)(b), a reference to the Minister is taken to be a reference to the Treasurer.\n\nS. 158(7) inserted by No. 45/2010 s. 10.\n\n(7) For the purposes of this Part, the amount of initial capital determined by the Treasurer in respect of the Port of Melbourne Corporation and the Victorian Regional Channels Authority under section 39 of the **Port Services Act 1995** (as in force immediately before the commencement of section 33 of the **Transport Legislation Amendment (Ports Integration) Act 2010**) is deemed to have been determined under this section.\n\nS. 158(8) inserted by No. 34/2023 s. 90.\n\n(8) This section applies to V/Line Corporation as if a reference to the board of directors of a Transport Corporation in the section were a reference to V/Line Corporation.\n\nS. 159 amended by No. 45/2010 s. 11 (ILA s. 39B(1)).\n\n","sortOrder":187},{"sectionNumber":"159","sectionType":"section","heading":"Capital","content":"\t159 Capital\n\n(1) The capital of a Transport Corporation is equal to the sum of—\n\n(a) the amount of the Transport Corporation's initial capital under this Act in accordance with section 158(1); and\n\n(b) any part of the Transport Corporation's liabilities that is converted into capital at the direction of the Minister; and\n\n(c) any amounts paid to the Transport Corporation out of money appropriated by the Parliament for the purpose of providing capital; and\n\n(d) any part of the Transport Corporation's reserves that is converted into capital at the direction of the Minister after consultation with the board of directors of the Transport Corporation—\n\nless any amount of capital repaid under section 160.\n\nS. 159(2) inserted by No. 45/2010 s. 11, amended by Nos 38/2011 s. 13, 10/2016 s. 179(Sch. 1 item 8.15), 19/2022 s. 7.\n\n(2) This section applies to Ports Victoria and the Port of Hastings Corporation with the following modification—in subsection (1)(b) and (1)(d), a reference to the Minister is taken to be a reference to the Treasurer.\n\nS. 159(3) inserted by No. 34/2023 s. 91.\n\n(3) This section applies to V/Line Corporation as if a reference to the board of directors of a Transport Corporation in the section were a reference to the chief executive officer of V/Line Corporation.\n\n","sortOrder":188},{"sectionNumber":"160","sectionType":"section","heading":"Repayment of capital","content":"\t160 Repayment of capital\n\n(1) The capital of a Transport Corporation is repayable to the State at the times, and in the amounts, as the Minister directs in writing after consultation with the board of directors of the Transport Corporation.\n\n(2) The Minister must have regard to any advice that the board of directors of the Transport Corporation has given to the Minister in relation to the Transport Corporation's affairs before giving a direction under subsection (1).\n\nS. 160(3) inserted by No. 45/2010 s. 12, amended by Nos 38/2011 s. 14, 10/2016 s. 179(Sch. 1 item 8.16), 19/2022 s. 8.\n\n(3) This section applies to Ports Victoria and the Port of Hastings Corporation with the following modifications—\n\n(a) in subsection (1), a reference to the Minister is taken to be a reference to the Treasurer, after consultation with the Minister;\n\n(b) in subsection (2), a reference to the Minister is taken to be a reference to the Treasurer.\n\nS. 160(4) inserted by No. 34/2023 s. 92.\n\n(4) This section applies to V/Line Corporation as if a reference to the board of directors of a Transport Corporation in the section were a reference to V/Line Corporation.\n\nS. 161 amended by No. 34/2023 s. 93 (ILA s. 39B(1)).\n\n","sortOrder":189},{"sectionNumber":"161","sectionType":"section","heading":"Dividends","content":"\t161 Dividends\n\n(1) A Transport Corporation must pay to the State the amounts, at the times and in the manner, as are determined by the Treasurer after consultation with the board of directors of the Transport Corporation and the Minister.\n\nS. 161(2) inserted by No. 34/2023 s. 93.\n\n(2) This section applies to V/Line Corporation as if a reference to the board of directors of the Transport Corporation in the section were a reference to V/Line Corporation.\n\nS. 162 amended by No. 34/2023 s. 94 (ILA s. 39B(1)).\n\n","sortOrder":190},{"sectionNumber":"162","sectionType":"section","heading":"Reports to Minister or Treasurer","content":"\t162 Reports to Minister or Treasurer\n\n(1) The Minister or the Treasurer may, in writing, require the board of directors of a Transport Corporation to give the Minister or the Treasurer any information that the Minister or the Treasurer requires.\n\nS. 162(2) inserted by No. 34/2023 s. 94.\n\n(2) This section applies to V/Line Corporation as if a reference to the board of directors of the Transport Corporation in the section were a reference to V/Line Corporation.\n\n","sortOrder":191},{"sectionNumber":"163","sectionType":"section","heading":"Directions","content":"\t163 Directions\n\n(1) A Transport Corporation must exercise its powers and discharge its duties subject to—\n\n(a) the general direction and control of the Minister; and\n\n(b) any specific directions given by the Minister with the approval of the Treasurer.\n\n(2) Any specific directions given under subsection (1)(b) may be published in the Government Gazette.\n\nS. 164 amended by No. 45/2010 s. 13 (ILA s. 39B(1)).\n\n","sortOrder":192},{"sectionNumber":"164","sectionType":"section","heading":"Annual report","content":"\t164 Annual report\n\n(1) A Transport Corporation, in its annual report for a financial year under Part 7 of the **Financial Management Act 1994**, must include—\n\nS. 164(1)(a) amended by No. 49/2019 s. 30(a).\n\n(a) a copy of each direction given to it during that year under section 163(1)(b) together with a statement of its response to that direction.\n\nS. 164(1)(b) repealed by No. 49/2019 s. 30(b).\n\nS. 164(2) inserted by No. 45/2010 s. 13, amended by Nos 10/2016 s. 179(Sch. 1 item 17), 19/2022 s. 9(1).\n\n(2) Ports Victoria, in its annual report for a financial year under Part 7 of the **Financial Management Act 1994**, must include a copy of each direction given to it during that year under section 133F together with a statement of its response to that direction.\n\nS. 164(3) inserted by No. 45/2010 s. 13, repealed by No. 19/2022 s. 9(2).\n\nS. 164(4) inserted by No. 38/2011 s. 15, amended by No. 19/2022 s. 9(3).\n\n(4) The Port of Hastings Corporation, in its annual report for a financial year under Part 7 of the **Financial Management Act 1994**, must include a copy of each direction given to it during that year under section 141V together with a statement of its response to that direction.\n\n","sortOrder":193},{"sectionNumber":"165","sectionType":"section","heading":"Corporate plan","content":"\t165 Corporate plan\n\n(1) The requirements in this section are in addition to the requirements under section 64.\n\n(2) The board of directors of a Transport Corporation must give a copy of the proposed corporate plan to the Minister on or before 31 May in each year.\n\nS. 165(3) substituted by No. 49/2019 s. 31(1).\n\n(3) The proposed corporate plan must be in a form approved by the Minister.\n\nS. 165(3A) inserted by No. 49/2019 s. 31(1).\n\n(3A) The Minister must give any comments on the proposed corporate plan within 6 weeks after the proposed corporate plan was given to the Minister.\n\nS. 165(4) amended by No. 61/2011 s. 19, substituted by No. 49/2019 s. 31(1).\n\n(4) The board of directors of a Transport Corporation must consider any comments on the proposed corporate plan made by the Minister within 6 weeks after the comments were given by the Minister.\n\n(5) The board of directors of a Transport Corporation must—\n\n(a) consult in good faith with the Minister following communication to the board of directors of the comments;\n\n(b) make such changes to the plan as are agreed between the Minister and the board of directors;\n\n(c) deliver the completed corporate plan to the Minister within 2 months after the commencement of the financial year.\n\n(6) The corporate plan, or any part of the corporate plan, must not be published or made available except for the purposes of this Part without the prior approval of the board of directors of the Transport Corporation and the Minister.\n\n(7) The corporate plan may be modified at any time by the board of directors of the Transport Corporation with the agreement of the Minister.\n\n(8) If the board of directors of a Transport Corporation, by written notice to the Minister, proposes a modification to the corporate plan, the board of directors may make the modification unless the Minister, by written notice within 14 days, directs the board of directors not to make the modification.\n\nS. 165(9) amended by No. 49/2019 s. 31(2).\n\n(9) The Minister may, by written notice, direct the board of directors of a Transport Corporation to include in, or omit from, a business plan or a financial statement of a specified kind, any specified matters.\n\n(10) Before giving a direction under this section, the Minister must consult with the board of directors of the Transport Corporation as to the matters referred to in the notice.\n\n(11) The board of directors of the Transport Corporation must comply with a direction under this section.\n\nS. 165(12) amended by No. 49/2019 s. 31(3).\n\n(12) At any particular time, the business plan or the financial statements for a Transport Corporation are the statements and plan last completed, with any modifications or deletions made in accordance with this Division.\n\nS. 165(13) inserted by No. 45/2010 s. 14, amended by Nos 38/2011 s. 16, 10/2016 s. 179(Sch. 1 item 8.17), 19/2022 s. 10.\n\n(13) This section applies to Ports Victoria and the Port of Hastings Corporation with the following modifications—\n\nS. 165(13)(a) amended by No. 49/2019 s. 31(4)(a).\n\n(a) in subsections (2), (3), (3A), (5), (6) and (7) a reference to the Minister is taken to be a reference to the Treasurer and the Minister;\n\nS. 165(13)(b) repealed by No. 49/2019 s. 31(4)(b).\n\n(c) in subsection (4)—\n\n(i) the first reference to the Minister is taken to be a reference to the Treasurer or the Minister; and\n\n(ii) the second reference to the Minister is taken to be a reference to the Treasurer and the Minister;\n\n(d) in subsection (8)—\n\n(i) the first reference to the Minister is taken to be a reference to the Treasurer and the Minister; and\n\n(ii) the second reference to the Minister is taken to be a reference to the Treasurer or the Minister;\n\n(e) in subsection (9), a reference to the Minister is taken to be a reference to the Treasurer after consultation with the Minister;\n\n(f) in subsection (10), a reference to the Minister is taken to be a reference to the Treasurer.\n\nS. 165(14) inserted by No. 3/2017 s. 42, amended by No. 49/2019 s. 31(5).\n\n(14) This section applies to a Transport Corporation that is a sector transport agency with the further modification that any reference to the Minister is taken to be a reference to the Secretary.\n\nS. 165(15) inserted by No. 34/2023 s. 95.\n\n(15) This section applies to V/Line Corporation as if a reference to the board of directors of a Transport Corporation in the section were a reference to V/Line Corporation.\n\nS. 166 amended by Nos 45/2010 s. 15, 38/2011 s. 17, 10/2016 s. 179(Sch. 1 item 8.17), 3/2017 s. 43, repealed by No. 49/2019 s. 32.\n\n","sortOrder":194},{"sectionNumber":"167","sectionType":"section","heading":"Corporate plan to be followed","content":"\t167 Corporate plan to be followed\n\n(1) Unless subsection (2) applies, a Transport Corporation must act only in accordance with its corporate plan.\n\n(2) A Transport Corporation must obtain the written approval of the Minister before it can act in any manner that is contrary to its corporate plan.\n\nS. 167(3) inserted by No. 45/2010 s. 16, amended by Nos 38/2011 s. 18, 10/2016 s. 179(Sch. 1 item 8.17), 19/2022 s. 11.\n\n(3) This section applies to Ports Victoria and the Port of Hastings Corporation with the following modification—a reference to the Minister is taken to be a reference to the Treasurer and the Minister.\n\nS. 167(4) inserted by No. 3/2017 s. 44, amended by No. 49/2019 s. 186(Sch. 4 item 43.13).\n\n(4) This section applies to a Transport Corporation that is a sector transport agency with the further modification that any reference to the Minister is taken to be a reference to the Secretary.\n\nS. 168 amended by No. 49/2019 s. 186(Sch. 4 item 43.14).\n\n","sortOrder":195},{"sectionNumber":"168","sectionType":"section","heading":"Nothing void merely because of non-compliance","content":"\t168 Nothing void merely because of non-compliance\n\nNothing done by a Transport Corporation is void or unenforceable merely because the Transport Corporation has failed to comply with section 165 or 167.\n\n","sortOrder":196},{"sectionNumber":"169","sectionType":"section","heading":"Board of directors to give notice of significant events","content":"\t169 Board of directors to give notice of significant events\n\n(1) This section applies if the board of directors of a Transport Corporation determines that matters have arisen—\n\n(a) that may prevent, or significantly affect, the achievement of the business objectives of the Transport Corporation and its subsidiaries (if any) under the corporate plan; or\n\n(b) that may prevent, or significantly affect, the achievement of the targets under the plan.\n\n(2) If this section applies, the board of directors of the Transport Corporation must immediately notify the Minister of its determination and the reasons for the determination.\n\nS. 169(3) inserted by No. 45/2010 s. 17, amended by Nos 38/2011 s. 19, 10/2016 s. 179(Sch. 1 item 8.17), 19/2022 s. 12.\n\n(3) This section applies to Ports Victoria and the Port of Hastings Corporation with the following modification—a reference to the Minister is taken to be a reference to the Treasurer and the Minister.\n\nS. 169(4) inserted by No. 3/2017 s. 45, amended by No. 49/2019 s. 186(Sch. 4 item 43.15).\n\n(4) This section applies to a Transport Corporation that is a sector transport agency with the further modification that any reference to the Minister is taken to be a reference to the Secretary.\n\nS. 169(5) inserted by No. 34/2023 s. 96.\n\n(5) This section applies to V/Line Corporation as if a reference to the board of directors of a Transport Corporation in the section were a reference to V/Line Corporation.\n\n","sortOrder":197},{"sectionNumber":"170","sectionType":"section","heading":"Delegation by a Transport Corporation","content":"\t170 Delegation by a Transport Corporation\n\nS. 170(1) amended by No. 49/2019 s. 91.\n\n(1) A Transport Corporation by instrument may delegate to any person any power, duty or function of the Transport Corporation conferred or imposed by or under any Act including, subject to subsection (3), this power of delegation.\n\n(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.\n\n(3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function.\n\n(4) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a sub-delegation under subsection (3) as if it were a delegation.\n\nPt 7 (Heading) amended by No. 34/2023 s. 101.\n\n","sortOrder":198},{"sectionNumber":"Part 7","sectionType":"part","heading":"Chief Investigator, Transport Safety","content":"Part 7—Chief Investigator, Transport Safety\n\nPt 7 Div. 1 (Heading and ss 171−178) amended by Nos 13/2009 s. 101A(2)−(4) (as amended by No. 6/2010 s. 203(1) (Sch. 6 item 4.7) (as amended by No. 45/2010 s. 22)), 65/2010 s. 420 (Sch. 3 items 16.5, 16.6 (a)−(c)(e)−(g), 16.7, 16.8), 78/2011 s. 54, 22/2013 ss 82−85, 36/2013 ss 93−98, 3/2017 ss 46, 47, 41/2019 ss 91−96, 49/2019 ss 92, 93, 19/2022 s. 30, repealed by No. 34/2023 s. 76.\n\nPt 7 Div. 2 (Heading) repealed by No. 34/2023 s. 102.\n\nS. 178B (Heading) substituted by No. 25/2025 s. 89(1).\n\nS. 178B inserted by No. 41/2019 s. 97, amended by No. 34/2023 s. 103.\n\n","sortOrder":199},{"sectionNumber":"178B","sectionType":"section","heading":"Definitions","content":"\t178B Definitions\n\nS. 178B def. of *document* inserted by No. 25/2025 s. 89(2).\n\n***document*** has the same meaning as in the **Freedom of Information Act 1982**;\n\n***transport safety*** means safety for the operation of rail, bus and marine transport.\n\n","sortOrder":200},{"sectionNumber":"179","sectionType":"section","heading":"Chief Investigator, Transport Safety","content":"\t179 Chief Investigator, Transport Safety\n\n(1) There is to be a Chief Investigator, Transport Safety.\n\n(2) The person who is the Chief Investigator, Transport and Marine Safety Investigations immediately before the commencement of this section under section 83 of the **Transport Act 1983** (as in force immediately before the commencement of this section) is, subject to this Act, the Chief Investigator, Transport Safety.\n\n(3) The Chief Investigator, Transport Safety is the successor in law of the Chief Investigator, Transport and Marine Safety Investigations.\n\nS. 180 substituted by No. 22/2013 s. 86.\n\n","sortOrder":201},{"sectionNumber":"180","sectionType":"section","heading":"Object of the Chief Investigator, Transport Safety","content":"\t180 Object of the Chief Investigator, Transport Safety\n\nThe object of the Chief Investigator, Transport Safety is to seek to improve transport safety by—\n\n(a) providing for the independent no-blame investigation of transport safety matters consistent with the vision statement and the transport system objectives; and\n\n(b) liaising collaboratively with the Australian Transport Safety Bureau.\n\n","sortOrder":202},{"sectionNumber":"181","sectionType":"section","heading":"Functions of the Chief Investigator, Transport Safety","content":"\t181 Functions of the Chief Investigator, Transport Safety\n\n(1) The principal function of the Chief Investigator, Transport Safety is to—\n\n(a) investigate transport safety matters; and\n\n(b) report the results of any investigations conducted by the Chief Investigator, Transport Safety to the Minister.\n\n(2) In investigating an incident, the Chief Investigator, Transport Safety is to primarily focus on—\n\n(a) determining what factors caused the incident, rather than to apportion blame for the incident; and\n\n(b) identifying issues that may require review, monitoring or further consideration.\n\n(3) The functions of the Chief Investigator, Transport Safety are to—\n\nS. 181(3)(a) amended by No. 3/2017 s. 48(a).\n\n(a) perform any functions or duties conferred on the Chief Investigator, Transport Safety by or under—\n\nS. 181(3)(a)(i) amended by Nos 65/2010 s. 420(Sch. 3 item 16.8), 3/2017 s. 48(b).\n\n(i) the **Marine Safety Act 2010**, the **Transport (Compliance and Miscellaneous) Act 1983**, this Act or any other Act;\n\nS. 181(3)(a)(ii) amended by Nos 65/2010 s. 420(Sch. 3 item 16.8), 3/2017 s. 48(b), repealed by No. 49/2019 s. 94.\n\nS. 181(3)(ab) inserted by No. 22/2013 s. 87.\n\n(ab) to, under an arrangement referred to in section 182A, perform services in connection with the ATSB's functions or the exercise of the ATSB's functions;\n\n(b) liaise with international, Commonwealth and State bodies and agencies that have similar functions to those of the Chief Investigator, Transport Safety;\n\n(c) administer any voluntary reporting system that is set up under section 85F of the **Transport (Compliance and Miscellaneous) Act 1983**;\n\n(d) to improve the quality and professionalism of investigations by educating those who are involved in the operation or use of rail, bus and marine transport.\n\nS. 181A inserted by No. 41/2019 s. 98.\n\n","sortOrder":203},{"sectionNumber":"181A","sectionType":"section","heading":"Independence of Chief Investigator, Transport Safety","content":"\t181A Independence of Chief Investigator, Transport Safety\n\nSubject to sections 191 and 193(2), the Chief Investigator, Transport Safety, when performing or exercising their functions or powers, is independent and is not subject to the direction and control of the Minister.\n\n","sortOrder":204},{"sectionNumber":"182","sectionType":"section","heading":"Power to investigate","content":"\t182 Power to investigate\n\nThe Chief Investigator, Transport Safety has the power to investigate any transport safety matter.\n\nNote to s. 182 inserted by No. 25/2025 s. 91.\n\nSee also Part 2A of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**.\n\nS. 182A inserted by No. 22/2013 s. 88.\n\n","sortOrder":205},{"sectionNumber":"182A","sectionType":"section","heading":"Arrangements with Australian Transport Safety Bureau","content":"\t182A Arrangements with Australian Transport Safety Bureau\n\n(1) The Chief Investigator, Transport Safety may enter into arrangements with the Chief Executive Officer of the Australian Transport Safety Bureau to perform services in connection with the Bureau's functions or the exercise of the Bureau's functions or to make available any staff of the Chief Investigator to perform such services.\n\n(2) The Chief Investigator, Transport Safety may exercise any functions conferred on the Chief Investigator under an arrangement entered into under this section, whether those functions are to be exercised in this State or another State or Territory.\n\nSection 16A of the Transport Safety Investigation Act 2003 of the Commonwealth authorises the Chief Executive Officer of the Australian Transport Safety Bureau to enter into arrangements of a kind referred to in this section with the appropriate authority or officer of the government of a State or Territory.\n\n","sortOrder":206},{"sectionNumber":"183","sectionType":"section","heading":"Delegation by the Chief Investigator, Transport Safety","content":"\t183 Delegation by the Chief Investigator, Transport Safety\n\nS. 183(1) amended by Nos 65/2010 s. 420(Sch. 3 item 16.8), 49/2019 s. 95, 25/2025 s. 92.\n\n(1) The Chief Investigator, Transport Safety by instrument may delegate any power, duty or function of the Chief Investigator, Transport Safety conferred or imposed by or under this Act, the **Marine Safety Act 2010**, the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** or any other Act including, subject to subsection (3), this power of delegation, to—\n\nS. 183(1)(a) amended by No. 34/2023 s. 104(a).\n\n(a) any employee employed under Part 3 of the **Public Administration Act 2004** to enable the Chief Investigator, Transport Safety to carry out their functions; or\n\nS. 183(1)(b) amended by No. 34/2023 s. 104(b).\n\n(b) a consultant, contractor or agent engaged by the Chief Investigator, Transport Safety.\n\n(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.\n\n(3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function.\n\n(4) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a sub-delegation under subsection (3) as if it were a delegation.\n\nPt 7 Div. 3 (Heading) repealed by No. 34/2023 s. 105.\n\nS. 184 (Heading) amended by No. 34/2023 s. 106(1).\n\n","sortOrder":207},{"sectionNumber":"184","sectionType":"section","heading":"Appointment of Chief Investigator, Transport Safety","content":"\t184 Appointment of Chief Investigator, Transport Safety\n\nS. 184(1) amended by No. 34/2023 s. 106(2).\n\n(1) The Chief Investigator, Transport Safety is to be appointed by the Governor in Council for a period of up to 5 years.\n\nS. 184(2) amended by No. 34/2023 s. 106(3).\n\n(2) The Chief Investigator, Transport Safety is to hold office on the terms and conditions (including remuneration and allowances) set out in the instrument by which the Chief Investigator, Transport Safety was appointed.\n\nS. 184(3) amended by No. 34/2023 s. 106(4).\n\n(3) A person who holds the office of the Chief Investigator, Transport Safety may be re-appointed.\n\nS. 184(4) amended by No. 34/2023 s. 106(5)(a).\n\n(4) The Governor in Council may only appoint a person to the office of the Chief Investigator, Transport Safety if, in the opinion of the Governor in Council, the person has at least 2 of the following attributes—\n\nS. 184(4)(a) amended by No. 34/2023 s. 106(5)(b).\n\n(a) experience relevant to the appointment;\n\n(b) appropriate tertiary qualifications;\n\n(c) experience in the management of public transport or marine safety systems for a period of at least 10 years;\n\nS. 184(4)(d) substituted by No. 41/2019 s. 99.\n\n(d) experience in the marine or road transport (freight and passenger) sectors;\n\nS. 184(4)(da) inserted by No. 41/2019 s. 99, amended by No. 34/2023 s. 106(5)(c).\n\n(da) experience in the rail transport (freight and passenger) sector;\n\n(e) senior level experience in the transport or legal sector.\n\nS. 184(5) amended by No. 34/2023 s. 106(6).\n\n(5) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to the Chief Investigator, Transport Safety in respect of the office of the Chief Investigator, Transport Safety.\n\nS. 185 (Heading) amended by No. 34/2023 s. 107(1).\n\n","sortOrder":208},{"sectionNumber":"185","sectionType":"section","heading":"Acting appointment of Chief Investigator, Transport Safety","content":"\t185 Acting appointment of Chief Investigator, Transport Safety\n\nS. 185(1) amended by No. 34/2023 s. 107(2).\n\n(1) The Governor in Council may appoint a person to act in the office of the Chief Investigator, Transport Safety—\n\n(a) during a vacancy in that office; or\n\n(b) during a period or all periods when the person holding that office is absent from duty or is, for any reason, unable to perform the duties of the office.\n\n(2) An appointment under subsection (1) is for the period, not exceeding 6 months, which is specified in the instrument of appointment.\n\nS. 185(3) amended by No. 34/2023 s. 107(3).\n\n(3) The Governor in Council may at any time remove from office the person acting in the office of the Chief Investigator, Transport Safety.\n\nS. 185(4) amended by No. 34/2023 s. 107(3).\n\n(4) While a person is acting in the office of the Chief Investigator, Transport Safety in accordance with this section, the person—\n\n(a) has, and may exercise, all the powers and must perform all the duties of that office under this Act or any other Act; and\n\nS. 185(4)(b) amended by No. 34/2023 s. 107(3).\n\n(b) is entitled to be paid the remuneration and allowances that the Chief Investigator, Transport Safety would have been entitled to for performing those duties.\n\nS. 186 (Heading) amended by No. 34/2023 s. 108(1).\n\nS. 186 amended by No. 34/2023 s. 108(2)(a).\n\n","sortOrder":209},{"sectionNumber":"186","sectionType":"section","heading":"When the Chief Investigator, Transport Safety ceases to hold office","content":"\t186 When the Chief Investigator, Transport Safety ceases to hold office\n\nA person ceases to be the Chief Investigator, Transport Safety—\n\nS. 186(a) amended by No. 34/2023 s. 108(2)(b).\n\n(a) at the expiry of the person's term of office; or\n\nS. 186(b) amended by No. 34/2023 s. 108(2)(c).\n\n(b) if the person resigns in accordance with section 187; or\n\nS. 186(c) amended by Nos 41/2019 s. 100, 34/2023 s. 108(2)(c).\n\n(c) if the person is removed from office under section 188; or\n\nS. 186(d) amended by No. 34/2023 s. 108(2)(c).\n\n(d) if the person becomes an insolvent under administration; or\n\nS. 186(e) amended by No. 34/2023 s. 108(2)(c).\n\n(e) if the person is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or\n\nS. 186(f) amended by No. 34/2023 s. 108(2)(c).\n\n(f) if the person nominates for election as a member of the Parliament of any jurisdiction.\n\nS. 187 amended by No. 34/2023 s. 109.\n\n","sortOrder":210},{"sectionNumber":"187","sectionType":"section","heading":"Resignation","content":"\t187 Resignation\n\nThe Chief Investigator, Transport Safety may resign from office by notice in writing signed by the Chief Investigator, Transport Safety and delivered to the Minister.\n\nS. 187A inserted by No. 41/2019 s. 101.\n\n","sortOrder":211},{"sectionNumber":"187A","sectionType":"section","heading":"Suspension","content":"\t187A Suspension\n\nS. 187A(1) amended by No. 34/2023 s. 110(1).\n\n(1) The Minister may immediately suspend a person from office as the Chief Investigator, Transport Safety if the Minister is of the opinion that the person—\n\nS. 187A(1)(d) amended by No. 34/2023 s. 110(1).\n\n(d) is otherwise unfit to continue to be the Chief Investigator, Transport Safety.\n\n(2) A suspension under subsection (1) is for a period not exceeding 3 months.\n\nS. 187A(3) amended by No. 34/2023 s. 110(2).\n\n(3) If a person is suspended from office under this section, the person remains entitled to their remuneration and allowances as the Chief Investigator, Transport Safety during the period of suspension.\n\nS. 188 (Heading) amended by No. 41/2019 s. 102(1).\n\n","sortOrder":212},{"sectionNumber":"188","sectionType":"section","heading":"Removal from office","content":"\t188 Removal from office\n\nS. 188(1) amended by Nos 41/2019 s. 102(2), 34/2023 s. 111(1).\n\n(1) The Governor in Council may remove a person from office as the Chief Investigator, Transport Safety on the recommendation of the Minister.\n\n(2) The Minister may make the recommendation if the Minister is of the opinion that the person—\n\nS. 188(2)(a) amended by No. 34/2023 s. 111(2).\n\nS. 188(2)(b) amended by Nos 41/2019 s. 102(3), 34/2023 s. 111(2).\n\n(d) is otherwise unfit to continue to be a transport safety appointee.\n\n(3) Before making such a recommendation in relation to a person, the Minister must—\n\n(a) give the person written notice that the Minister is considering making the recommendation, together with details of the reasons why the recommendation is being considered; and\n\n(b) consider any submissions made to the Minister by, or on behalf of, the person in response to the notice.\n\nS. 188(4)–(7) repealed by No. 41/2019 s. 102(4).\n\nS. 189 amended by No. 34/2023 s. 112(a).\n\n","sortOrder":213},{"sectionNumber":"189","sectionType":"section","heading":"Validity of acts and decisions","content":"\t189 Validity of acts and decisions\n\nAn act or decision of the Chief Investigator, Transport Safety or acting Chief Investigator, Transport Safety is not invalid only—\n\nS. 189(a) amended by No. 34/2023 s. 112(b).\n\n(a) because of a defect or irregularity in, or in connection with, the appointment of the Chief Investigator, Transport Safety or acting Chief Investigator, Transport Safety; or\n\nS. 189(b) amended by No. 34/2023 s. 112(c).\n\n(b) in the case of an acting Chief Investigator, Transport Safety, on the grounds that the occasion for so acting had not arisen or had ceased.\n\n","sortOrder":214},{"sectionNumber":"190","sectionType":"section","heading":"Immunity","content":"\t190 Immunity\n\nS. 190(1) amended by No. 34/2023 s. 113(1).\n\n(1) The Chief Investigator, Transport Safety or acting Chief Investigator, Transport Safety is not personally liable for anything done or omitted to be done in good faith—\n\nS. 190(1)(a) amended by No. 49/2019 s. 96.\n\n(a) in the exercise of a power or the performance of a function or duty under this Act or under any other Act; or\n\nS. 190(1)(b) amended by No. 49/2019 s. 96.\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under this Act or under any other Act.\n\nS. 190(2) amended by No. 34/2023 s. 113(2).\n\n(2) Any liability resulting from an act or omission that would, but for subsection (1), attach to the Chief Investigator, Transport Safety or acting Chief Investigator, Transport Safety attaches instead to the Crown.\n\nS. 191 (Heading) amended by No. 41/2019 s. 103(1).\n\n","sortOrder":215},{"sectionNumber":"191","sectionType":"section","heading":"Ministerial direction to investigate transport safety matter","content":"\t191 Ministerial direction to investigate transport safety matter\n\nS. 191(1) substituted by Nos 41/2019 s. 103(2), 34/2023 s. 114(1).\n\n(1) The Minister may direct the Chief Investigator, Transport Safety to investigate a transport safety matter.\n\n(2) The Minister must not give a direction under this section—\n\nS. 191(2)(a) substituted by No. 41/2019 s. 103(3), amended by No. 34/2023 s. 114(2).\n\n(a) that directs the Chief Investigator, Transport Safety as to how to conduct an investigation; or\n\nS. 191(2)(b) substituted by No. 41/2019 s. 103(3), amended by No. 34/2023 s. 114(2).\n\n(b) that directs the Chief Investigator, Transport Safety as to which persons the Chief Investigator, Transport Safety may request or direct to assist the Chief Investigator, Transport Safety in an investigation; or\n\nS. 191(2)(c) substituted by No. 41/2019 s. 103(3).\n\n(c) about the outcome of an investigation; or\n\nS. 191(2)(d) substituted by No. 41/2019 s. 103(3), amended by No. 34/2023 s. 114(2).\n\n(d) that directs the Chief Investigator, Transport Safety to stop an investigation.\n\n(3) A direction under this section—\n\n(a) must be published in the Government Gazette; and\n\n(b) takes effect on it being published in the Government Gazette.\n\n(4) The Minister must cause to be laid before each House of Parliament a copy of a direction under this section on or before the 3rd sitting day of the House after the direction is published in the Government Gazette.\n\nS. 191(5) amended by No. 34/2023 s. 114(3).\n\n(5) The Chief Investigator, Transport Safety must comply with a direction given under this section.\n\nS. 192 amended by No. 34/2023 s. 115.\n\n","sortOrder":216},{"sectionNumber":"192","sectionType":"section","heading":"Employment of persons","content":"\t192 Employment of persons\n\nThere may be employed under Part 3 of the **Public Administration Act 2004** any persons that are necessary to enable the Chief Investigator, Transport Safety to carry out their functions.\n\nS. 193 (Heading) substituted by No. 34/2023 s. 116(1).\n\n","sortOrder":217},{"sectionNumber":"193","sectionType":"section","heading":"General powers of Chief Investigator, Transport Safety","content":"\t193 General powers of Chief Investigator, Transport Safety\n\nS. 193(1) amended by No. 34/2023 s. 116(2).\n\n(1) The Chief Investigator, Transport Safety has power, on behalf of the Crown, to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of their object and the performance of their functions.\n\nS. 193(2) amended by No. 34/2023 s. 116(3)(a).\n\n(2) Subject to the approval of the Minister, the Chief Investigator, Transport Safety may on behalf of the Crown—\n\n(a) acquire, hold or dispose of real or personal property;\n\n(b) enter into any agreement or contract;\n\n(c) enter into any lease or licence;\n\n(d) participate in the formation of a corporation, trust, partnership or other body;\n\n(e) subscribe for or otherwise acquire, and hold and dispose of, shares in or debentures or other securities of, a corporation;\n\n(f) become a member of a company limited by guarantee;\n\n(g) subscribe for or otherwise acquire, and hold and dispose of, units in a trust;\n\n(h) acquire, and hold and dispose of, an interest in a partnership or other body;\n\nS. 193(2)(i) amended by No. 34/2023 s. 116(3)(b).\n\n(i) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the Chief Investigator, Transport Safety;\n\n(j) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right;\n\nS. 193(2)(k) amended by No. 34/2023 s. 116(3)(c).\n\n(k) engage in any business, undertaking or activity incidental to the performance of the functions of the Chief Investigator, Transport Safety;\n\n(l) engage consultants, contractors or agents;\n\n(m) act as trustee;\n\n(n) act as an agent of another person.\n\nS. 193(3) amended by Nos 3/2017 s. 49, 49/2019 s. 97, 34/2023 s. 116(4).\n\n(3) Without limiting the generality of subsection (1), the Chief Investigator, Transport Safety may exercise the powers conferred on the Chief Investigator, Transport Safety by or under this Act or any other Act.\n\nS. 193(4) amended by No. 34/2023 s. 116(5).\n\n(4) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on the Chief Investigator, Transport Safety.\n\nS. 194 repealed by No. 41/2019 s. 104(1).\n\nS. 195 amended by No. 34/2023 s. 117.\n\n","sortOrder":218},{"sectionNumber":"195","sectionType":"section","heading":"Extra-territoriality","content":"\t195 Extra-territoriality\n\nThe Chief Investigator, Transport Safety may perform or exercise their functions or powers within or outside Victoria.\n\n","sortOrder":219},{"sectionNumber":"196","sectionType":"section","heading":"Memoranda of understanding","content":"\t196 Memoranda of understanding\n\nS. 196(1) amended by No. 34/2023 ss 77, 118(1).\n\n(1) The Chief Investigator, Transport Safety may enter into a memorandum of understanding with Safe Transport Victoria, or any other person or body that is permitted by the regulations, about the performance or exercise of their respective functions or powers.\n\n(2) A memorandum of understanding—\n\n(a) must include any matters required by the regulations;\n\n(b) may include any other matters that the parties to the memorandum consider appropriate.\n\nS. 196(3) amended by No. 34/2023 s. 118(2).\n\n(3) The Chief Investigator, Transport Safety must ensure that a memorandum of understanding that the Chief Investigator, Transport Safety enters into is published—\n\n(a) in the Government Gazette; and\n\n(b) on the Internet.\n\n","sortOrder":220},{"sectionNumber":"197","sectionType":"section","heading":"Power to give advice on compliance","content":"\t197 Power to give advice on compliance\n\nS. 197(1) amended by Nos 65/2010 s. 420(Sch. 3 item 16.9), 41/2019 s. 105, 34/2023 s. 119(1).\n\n(1) The Chief Investigator, Transport Safety may give advice to a person who has a duty or obligation under a transport safety law about complying with that duty or obligation.\n\nS. 197(2) amended by No. 34/2023 s. 119(2)(a).\n\n(2) The giving of advice by the Chief Investigator, Transport Safety under subsection (1) does not give rise to—\n\nS. 197(2)(a) amended by No. 34/2023 s. 119(2)(b).\n\n(a) any liability of, or other claim against, the Chief Investigator, Transport Safety; or\n\n(b) any right, expectation, duty or obligation that would not otherwise be conferred or imposed on the person given the advice; or\n\n(c) any defence that would not otherwise be available to that person.\n\nS. 197(3) amended by No. 34/2023 s. 119(3).\n\n(3) The power of the Chief Investigator, Transport Safety under this section to give advice may also be exercised by a delegate of the Chief Investigator, Transport Safety who has been authorised to do so.\n\nS. 197AA inserted by No. 25/2025 s. 90.\n\n\t197AA Exemption from Freedom of Information Act 1982\n\nThe **Freedom of Information Act 1982** does not apply to a document that is in the possession of the Chief Investigator, Transport Safety, a delegate or agent of the Chief Investigator, Transport Safety or a person employed under section 192, to the extent to which—\n\n(a) the document was obtained, received or created as part of an investigation into a public transport safety matter or a marine safety matter under this Part or Part 2A of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**; or\n\n(b) the document is an incident report or complaint made in relation to a public transport safety matter or a marine safety matter, including a report made under section 49ZZF of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**; or\n\n(c) the document—\n\n(i) was acquired by the Chief Investigator as part of an investigation into a public transport safety matter or a marine safety matter; and\n\n(ii) is obtained by any person authorised under section 49ZZE of the **Transport (Safety Schemes Compliance and Enforcement) Act 2014**.\n\nPt 7A (Heading) amended by No. 34/2023 s. 78.\n\nPt 7A (Heading and ss 197A–197E) inserted by No. 49/2011 s. 3.\n\n","sortOrder":221},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Conflict between decisions of","content":"Part 7A—Conflict between decisions of  \nregulators\n\nS. 197A inserted by No. 49/2011 s. 3.\n\n","sortOrder":222},{"sectionNumber":"197A","sectionType":"section","heading":"Definitions","content":"\t197A Definitions\n\nS. 197A def. of *decision* substituted by Nos 22/2013 s. 89, 35/2014 s. 55(a), amended by No. 41/2019 s. 106.\n\n***decision***, of a regulator, includes any determination made, or direction given, by the regulator in the performance of the regulator's statutory functions and duties but does not include—\n\n(b) a direction given by the National Rail Safety Regulator under Subdivision 2 of Division 6 of Part 3 of the Rail Safety National Law (Victoria);\n\nS. 197A def. of *regulated body* substituted by No. 22/2013 s. 89, repealed by No. 35/2014 s. 55(b).\n\nS. 197A def. of *regulator* substituted by Nos 22/2013 s. 89, 35/2014 s. 55(a), amended by Nos 49/2019 s. 186(Sch. 4 item 43.16), 34/2023 ss 79, 120.\n\n***regulator*** means—\n\n(a) the National Rail Safety Regulator; or\n\n(b) a road authority; or\n\n(c) the Chief Investigator, Transport Safety; or\n\n(d) a Transport Corporation; or\n\n(e) Safe Transport Victoria;\n\n***road authority*** has the same meaning as it has in the **Road Management Act 2004**.\n\nS. 197B inserted by No. 49/2011 s. 3, substituted by No. 35/2014 s. 56.\n\n","sortOrder":223},{"sectionNumber":"197B","sectionType":"section","heading":"Resolution of conflict by regulators","content":"\t197B Resolution of conflict by regulators\n\n(a) a person is subject to decisions of different regulators; and\n\n(b) more than one regulator has made a decision in relation to a particular activity; and\n\n(c) in carrying out that activity, it is not possible for the person to comply with all of those decisions.\n\n(2) The person must notify each of the regulators and the Secretary that it is not possible for the person to carry out the activity and comply with all of the regulators' decisions.\n\n(3) As soon as practicable after a notification is given under subsection (2), the regulators or their representatives must meet and each regulator must give reasonable consideration to the extent, if any, to which the original decisions may be varied in order that the person may carry out the activity and comply with the decisions of all the regulators.\n\n(4) The Secretary may—\n\n(a) chair the meeting, or any subsequent meeting held in accordance with subsection (3); and\n\n(b) give reasonable directions about the meeting and any subsequent meeting to any of the regulators.\n\nS. 197C inserted by No. 49/2011 s. 3.\n\n","sortOrder":224},{"sectionNumber":"197C","sectionType":"section","heading":"Determination by the Minister or Ministers","content":"\t197C Determination by the Minister or Ministers\n\n(a) a notification has been given under section 197B(2); and\n\n(b) either—\n\nS. 197C  \n(1)(b)(i) substituted by No. 35/2014 s. 57(1).\n\n(i) the Secretary is satisfied that the respective statutory functions and duties of the regulators prevent them from varying their decisions to the extent necessary to enable the person to comply with all the decisions; or\n\nS. 197C  \n(1)(b)(ii) substituted by No. 35/2014 s. 57(1).\n\n(ii) 28 days have elapsed since the notification and the regulators have not been able to agree to variations to their decisions to the extent necessary to enable the person to comply with all the decisions.\n\n(2) The Secretary must refer the matter to the Minister or Ministers administering—\n\n(a) this Act; and\n\n(b) the **Road Management Act 2004**.\n\nS. 197C(3) amended by No. 35/2014 s. 57(2).\n\n(3) The Minister, or Ministers, (as the case requires) must determine which (if any) decisions (the ***approved decisions***) of the regulators the person must comply with.\n\n(4) If the effect of a determination by the Minister or Ministers under subsection (3) is that—\n\nS. 197C(4)(a) substituted by No. 35/2014 s. 57(3).\n\n(a) a person need not comply with a decision of a road authority—the Minister administering the **Road Management Act 2004** must direct the road authority to revoke that decision to the extent that is inconsistent with the approved decisions; or\n\nS. 197C(4)(b) substituted by No. 35/2014 s. 57(3).\n\n(b) a person need not comply with the decision of a regulator that is not a road authority—the Minister administering this Act must direct the regulator to revoke that decision to the extent that is inconsistent with the approved decisions.\n\nS. 197D inserted by No. 49/2011 s. 3.\n\n","sortOrder":225},{"sectionNumber":"197D","sectionType":"section","heading":"Regulators subject to guidelines and directions","content":"\t197D Regulators subject to guidelines and directions\n\nS. 197D(1) amended by No. 35/2014 s. 58.\n\n(1) A regulator must—\n\n(a) comply with any guidelines issued under section 197E; and\n\n(b) comply with any directions given by the Secretary under section 197B(4)(b); and\n\n(c) despite any other provision of this Act or any other Act, comply with any direction given by a Minister under section 197C(4).\n\nS. 197D(2) amended by No. 41/2019 s. 104(2).\n\n(2) Subsection (1) has effect despite section 181A.\n\nS. 197E inserted by No. 49/2011 s. 3.\n\n","sortOrder":226},{"sectionNumber":"197E","sectionType":"section","heading":"Guidelines","content":"\t197E Guidelines\n\nThe Minister or Ministers referred to in section 197C(2) may issue guidelines providing for mechanisms, processes and procedures to be adopted for the purposes of section 197B.\n\nPart 8—General\n\nDivision 1—Regulations\n\n\t198 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or specially limited application;\n\n(b) may differ according to differences in time, place or circumstance;\n\n(c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or class of persons;\n\n(d) may provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified;\n\n(e) may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons;\n\n(f) may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or\n\n(iii) as formulated, issued, prescribed or published from time to time;\n\n(g) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.\n\nS. 198(3) inserted by No. 51/2014 s. 9(Sch. 2 item 19.3).\n\n(3) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.\n\nDivision 2—Miscellaneous\n\n","sortOrder":227},{"sectionNumber":"199","sectionType":"section","heading":"Transport Act 1983","content":"\t199 Transport Act 1983\n\n(1) In section 1(1) of the **Transport Act 1983** for \"**Transport Act 1983**\" **substitute** \"**Transport (Compliance and Miscellaneous) Act 1983**\".\n\n(2) On and after the commencement of this section, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the **Transport Act 1983** is to be construed as a reference to the **Transport (Compliance and Miscellaneous) Act 1983**, unless the contrary intention appears.\n\nS. 199(3) substituted by No. 45/2010 s. 18.\n\n(3) The **Transport Act 1983** is amended as set out in an item or a provision of an item in Schedule 3 on the commencement of that item or provision.\n\n(4) Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under the **Transport Act 1983** or existing or continuing under that Act immediately before the commencement of this section continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if that Act had not been amended by this Act.\n\n(5) Nothing in this section limits or otherwise affects the operation of the **Interpretation of Legislation Act 1984**.\n\n","sortOrder":228},{"sectionNumber":"200","sectionType":"section","heading":"Rail Corporations Act 1996","content":"\t200 Rail Corporations Act 1996\n\n(1) In the title to the **Rail Corporations Act 1996** for \"**Rail Corporations Act 1996**\" **substitute** \"**Rail Management Act 1996**\".\n\n(2) On and after the commencement of this section, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the **Rail Corporations Act 1996** is to be construed as a reference to the **Rail Management Act 1996**, unless the contrary intention appears.\n\nS. 200(3) substituted by No. 45/2010 s. 19.\n\n(3) The **Rail Corporations Act 1996** is amended as set out in an item or a provision of an item in Schedule 4 on the commencement of that item or provision.\n\n(4) Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under the **Rail Corporations Act 1996** or existing or continuing under that Act immediately before the commencement of this section continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if that Act had not been amended by this Act.\n\n(5) Nothing in this section limits or otherwise affects the operation of the **Interpretation of Legislation Act 1984**.\n\n","sortOrder":229},{"sectionNumber":"201","sectionType":"section","heading":"Marine Act 1988","content":"\t201 Marine Act 1988\n\nS. 201(1) substituted by No. 45/2010 s. 20.\n\n(1) The **Marine Act 1988** is amended as set out in an item or a provision of an item in Schedule 5 on the commencement of that item or provision.\n\n(2) Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under the **Marine Act 1988** or existing or continuing under that Act immediately before the commencement of this section continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if that Act had not been amended by this Act.\n\nS. 201A inserted by No. 45/2010 s. 21.\n\n","sortOrder":230},{"sectionNumber":"201A","sectionType":"section","heading":"Transitional provision on amendment of Port Services Act 1995","content":"\t201A Transitional provision on amendment of Port Services Act 1995\n\n(1) On and after the commencement of this section, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the **Port Services Act 1995** is to be construed as a reference to the **Port Management Act 1995**, unless the contrary intention appears.\n\n(2) Except as expressly or by necessary implication provided in this Act or the **Transport Legislation Amendment (Ports Integration) Act 2010**, all persons, things and circumstances appointed or created by or under the **Port Services Act 1995**, as in force before its amendment by the **Transport Legislation Amendment (Ports Integration) Act 2010**, or existing or continuing under that Act immediately before the commencement of this section continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if that Act had not been amended by the **Transport Legislation Amendment (Ports Integration) Act 2010**.\n\n(3) On and after the commencement of this section, any reference in an Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Port of Hastings Corporation, so far as it relates to any period after that commencement and if not inconsistent with the context and subject-matter, must be construed as a reference to the Port of Melbourne Corporation and the force and effect of any such document is not to be taken to be affected by that commencement.\n\n(4) Nothing in this section limits or otherwise affects the operation of the **Interpretation of Legislation Act 1984**.\n\nS. 201B inserted by No. 45/2010 s. 21.\n\n","sortOrder":231},{"sectionNumber":"201B","sectionType":"section","heading":"Transfer of staff from Port of Hastings Corporation to Port of Melbourne Corporation","content":"\t201B Transfer of staff from Port of Hastings Corporation to Port of Melbourne Corporation\n\n(1) The Secretary must list in writing the officers and employees of the Port of Hastings Corporation employed by the Port of Hastings Corporation immediately before the commencement of this section who are to be employed under Part 3 of the **Public Administration Act 2004**.\n\n(2) An employee or officer listed under subsection (1) (a ***transferred employee***) is taken—\n\n(a) to be employed under Part 3 of the **Public Administration Act 2004** with effect from the commencement of this section; and\n\n(b) to be employed in his or her new position with effect on and from the commencement of this section; and\n\n(c) to be employed on the same terms and conditions as those that applied to the person as an officer or employee of the Port of Hastings Corporation immediately before the commencement of this section; and\n\n(d) to have accrued an entitlement to benefits in connection with the employment under Part 3 of the **Public Administration Act 2004** that is equivalent to the entitlement that the person had accrued, as an officer or employee of the Port of Hastings Corporation, immediately before the commencement of this section.\n\n(3) The service of a transferred employee under Part 3 of the **Public Administration Act 2004** is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencement of this section, as an officer or employee of the Port of Hastings Corporation.\n\n(4) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Port of Hastings Corporation because of the operation of this Part.\n\n(5) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the commencement of this section, employed, by virtue of this section, under Part 3 of the **Public Administration Act 2004**, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.\n\n(6) The superannuation entitlements of any person who is a transferred employee are taken not to be affected by that person becoming a transferred employee.\n\n(7) 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 commencement of this section; or\n\n(b) a transferred employee from resigning or being dismissed at any time after the commencement of this section in accordance with the then existing terms and conditions of his or her employment under Part 3 of the **Public Administration Act 2004**.\n\nS. 201C inserted by No. 45/2010 s. 21.\n\n","sortOrder":232},{"sectionNumber":"201C","sectionType":"section","heading":"Substitution of parties to channel operating agreement in respect of port of Hastings waters","content":"\t201C Substitution of parties to channel operating agreement in respect of port of Hastings waters\n\n(1) In this section—\n\n***channel operating agreement*** means the agreement commencing on 15 June 2007 (as from time to time amended, supplemented or novated) in relation to the operation and maintenance of channels in port of Hastings waters between—\n\n(a) the Crown in right of the State of Victoria; and\n\n(b) the Victorian Regional Channels Authority; and\n\n(c) Toll Transport Pty Ltd (ABN 31 006 604 191);\n\n***Victorian Regional Channels Authority*** means the body established by section 18 of the **Port Services Act 1995** as in force immediately before the commencement of section 32 of the **Transport Legislation Amendment (Ports Integration) Act 2010**.\n\n(2) On and from the commencement of this section, the Port of Melbourne Corporation is taken to be substituted for the Victorian Regional Channels Authority as a party to the channel operating agreement.\n\n(3) For the purposes of subsection (2), the Port of Melbourne Corporation is taken to have the power conferred on the Victorian Regional Channels Authority under section 21(2) of the **Port Services Act 1995** as in force immediately before the commencement of section 32 of the **Transport Legislation Amendment (Ports Integration) Act 2010**.\n\n(4) For the purposes of subsection (2), in the **Port Management Act 1995** a reference to the channel operator for port of Hastings waters is taken to be a reference to—\n\n(a) Toll Transport Pty Ltd (ABN 31 006 604 191); or\n\n(b) if that person has assigned to another person the right, power or duty that is relevant to that reference, that other person.\n\nS. 201D inserted by No. 38/2011 s. 20.\n\n\t201D Substitution of parties to channel operating agreement—Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011\n\n(1) In this section, ***channel operating agreement*** means the agreement commencing on 15 June 2007 (as from time to time amended, supplemented or novated) in relation to the operation and maintenance of channels in port of Hastings waters between—\n\n(a) the Crown in right of the State of Victoria; and\n\n(b) the Victorian Regional Channels Authority; and\n\n(c) Toll Transport Pty Ltd (ABN 31 006 604 191).\n\n(2) On and from the commencement of this section, the Victorian Regional Channels Authority is taken to be substituted for the Port of Melbourne Corporation as a party to the channel operating agreement.\n\n(3) For the purposes of subsection (2), in the **Port Management Act 1995** a reference to the channel operator for port of Hastings waters is taken to be a reference to—\n\n(a) Toll Transport Pty Ltd (ABN 31 006 604 191); or\n\n(b) if that person has assigned to another person the right, power or duty that is relevant to that reference, that other person.\n\n","sortOrder":233},{"sectionNumber":"202","sectionType":"section","heading":"Repeal of Southern and Eastern Integrated Transport Authority Act 2003","content":"\t202 Repeal of Southern and Eastern Integrated Transport Authority Act 2003\n\n(1) The **Southern and Eastern Integrated Transport Authority Act 2003** is **repealed**.\n\n(2) Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under the **Southern and Eastern Integrated Transport Authority Act 2003** or existing or continuing under that Act immediately before the commencement of this section continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if that Act had not been repealed by this Act.\n\n(3) In Schedule 1 to the **Borrowing and Investment Powers Act 1987** item 12A is **repealed**.\n\n(4) Nothing in this section limits or otherwise affects the operation of the **Interpretation of Legislation Act 1984**.\n\n","sortOrder":234},{"sectionNumber":"203","sectionType":"section","heading":"Consequential amendments to other Acts","content":"\t203 Consequential amendments to other Acts\n\nS. 203(1) substituted by No. 45/2010 s. 22.\n\n(1) An Act specified in the heading to an item in Schedule 6 is amended, on the commencement of that item or a provision of that item, as set out in that item or provision.\n\n(2) Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under an Act specified in the heading to an item in Schedule 6 or existing or continuing under that Act immediately before the commencement of this section continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if that Act had not been amended by this Act.\n\nS. 203A inserted by No. 61/2011 s. 20.\n\n","sortOrder":235},{"sectionNumber":"203A","sectionType":"section","heading":"Saving and transitionals—Transport Legislation Amendment (Public Transport Development Authority) Act 2011","content":"\t203A Saving and transitionals—Transport Legislation Amendment (Public Transport Development Authority) Act 2011\n\n(1) Except as in this Act or in regulations made under section 203B expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under an Act amended by a provision of the **Transport Legislation Amendment (Public Transport Development Authority) Act 2011** or existing or continuing under that Act immediately before the commencement of that provision continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if that Act had not been amended by that provision.\n\nS. 203A(1A) inserted by No. 61/2011 s. 26(3).\n\n(1A) Subject to subsection (1B), on and after the commencement of section 26 of the **Transport Legislation Amendment (Public Transport Development Authority) Act 2011** any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Director of Public Transport or to the Director of Public Transport on behalf of the Crown is to be construed as a reference to the Public Transport Development Authority unless the contrary intention appears.\n\nS. 203A(1B) inserted by No. 61/2011 s. 26(3).\n\n(1B) Subsection (1A) is to be construed subject to any specific provision made in respect of the application of subsection (1A) in an allocation statement under Part 10 or regulations made under section 203B.\n\n(2) If as a result of an amendment of an Act made by a provision of the **Transport Legislation Amendment (Public Transport Development Authority) Act 2011**—\n\n(a)  a duty, function or power of a person or a person on behalf of the Crown is transferred to another person or another person on behalf of the Crown; and\n\n(b) that duty, function or power relates to an act, matter or thing of a continuing nature—\n\nthat act, matter or thing continues to have effect as if that duty, function or power had always been performed or exercised by the person or person on behalf of the Crown to whom the duty, function or power is transferred.\n\nS. 203B inserted by No. 61/2011 s. 20, expired by force of No. 6/2010 s. 203B(4), new s. 203B inserted by No. 63/2017 s. 21(Sch. 1 item 11.19).\n\n","sortOrder":236},{"sectionNumber":"203B","sectionType":"section","heading":"Saving and transitionals—Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017","content":"\t203B Saving and transitionals—Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017\n\n(1) Despite the name of the body established by section 115B being changed from Taxi Services Commission to Commercial Passenger Vehicle Commission, that body is the same body as in existence immediately before the commencement day.\n\n(2) No decision, act, matter, or thing is affected because of the change of name referred to in subsection (1).\n\n(3) On and after the commencement day—\n\n(a) the Chairperson and each additional Commissioner continues as Chairperson or Commissioner according to the terms of appointment that applied immediately before that day; and\n\n(b) the official seal of the Taxi Services Commission, as affixed to any document before that day, is taken to be the official seal of the Commercial Passenger Vehicle Commission; and\n\n(c) a reference in any document to the Taxi Services Commission is taken to be a reference to the Commercial Passenger Vehicle Commission.\n\n(4) In this section—\n\n***commencement day*** means the day on which item 11.6 of Schedule 1 to the **Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017** comes into operation.\n\nS. 204 repealed by No. 6/2010 s. 206.\n\nS. 205 expired by force of No. 6/2010 s. 205(4).\n\nS. 206 repealed by No. 6/2010 s. 206.\n\nPt 9  \n(Headings and ss  \n207–239) inserted by No. 38/2011 s. 21.\n\n","sortOrder":237},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transport Legislation Amendment","content":"Part 9—Transport Legislation Amendment  \n(Port of Hastings Development Authority) Act 2011\n\nDivision 1—Transfer of property and staff to the Port of Hastings Development Authority\n\nS. 207 inserted by No. 38/2011 s. 21.\n\n","sortOrder":238},{"sectionNumber":"207","sectionType":"section","heading":"Definitions—Division 1","content":"\t207 Definitions—Division 1\n\n(1) In this Division—\n\n***allocation statement*** means an allocation statement given under section 208(3) and approved by the Minister under section 208(5) and includes a statement that has been amended under section 208(7) and (8);\n\n***former Port of Melbourne Corporation instrument*** means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the relevant date—\n\n(a) to which the Port of Melbourne Corporation was a party; or\n\n(b) that was given to, or in favour of, the Port of Melbourne Corporation; or\n\n(c) that refers to the Port of Melbourne Corporation; or\n\n(i) money is, or may become, payable to the Port of Melbourne Corporation; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by the Port of Melbourne Corporation;\n\n***former Port of Melbourne Corporation property*** means property, rights or liabilities of the Port of Melbourne Corporation that, under this Division, have vested in, or become liabilities of, the Port of Hastings Development Authority;\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 date***, in relation to an allocation statement or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;\n\n(2) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement.\n\nS. 208 inserted by No. 38/2011 s. 21.\n\n","sortOrder":239},{"sectionNumber":"208","sectionType":"section","heading":"Minister may direct transfer of Port of Melbourne Corporation property to Port of Hastings Development Authority","content":"\t208 Minister may direct transfer of Port of Melbourne Corporation property to Port of Hastings Development Authority\n\n(1) The Minister may give a direction in writing to the Port of Melbourne Corporation directing it to transfer, in accordance with the direction, any property, rights and liabilities of a kind specified in the statement to the Port of Hastings Development Authority.\n\n(2) A direction under subsection (1) may include directions as to the method of valuation to be used by the Port of Melbourne Corporation for the purposes of determining the value of property, rights and liabilities to be transferred.\n\n(3) Within 45 days after receiving a direction under subsection (1), the Port of Melbourne Corporation must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities of the Port of Melbourne Corporation to which the direction relates, as at the date specified by the Minister for the purposes of this section.\n\n(4) A statement under this section—\n\n(a) must give the value of the property, rights and liabilities of the Port of Melbourne Corporation to be transferred; and\n\n(b) must allocate the property, rights and liabilities of the Port of Melbourne Corporation shown in the statement in accordance with the directions of the Minister; and\n\n(c) must be signed by the chief executive officer of the Port of Melbourne Corporation.\n\n(5) If a statement under this section is approved by the Minister—\n\n(b) the statement is an allocation statement for the purposes of this Division.\n\n(6) The Minister may at any time direct the Port of Melbourne Corporation to amend a statement given to him or her under this section as specified in the direction.\n\n(7) An allocation statement under this section may be amended by writing signed by the Minister.\n\n(8) An amendment under subsection (7) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the Port of Melbourne Corporation or the Port of Hastings Development Authority in relation to that statement.\n\nS. 209 inserted by No. 38/2011 s. 21.\n\n","sortOrder":240},{"sectionNumber":"209","sectionType":"section","heading":"Property transferred in accordance with direction—Port of Hastings Development Authority","content":"\t209 Property transferred in accordance with direction—Port of Hastings Development Authority\n\n(a) all property and rights of the Port of Melbourne Corporation, wherever located, that are allocated under an allocation statement, vest in the Port of Hastings Development Authority in accordance with the statement;\n\n(b) all liabilities of the Port of Melbourne Corporation, wherever located, that are allocated under an allocation statement, become liabilities of the Port of Hastings Development Authority in accordance with the statement.\n\nS. 210 inserted by No. 38/2011 s. 21.\n\n","sortOrder":241},{"sectionNumber":"210","sectionType":"section","heading":"Allocation of property etc. subject to encumbrances—Port of Hastings Development Authority","content":"\t210 Allocation of property etc. subject to encumbrances—Port of Hastings Development Authority\n\nUnless an allocation statement otherwise provides, where, under this Division—\n\n(a) property and rights vest in; or\n\n(b) liabilities become liabilities of—\n\nthe Port of Hastings Development Authority in accordance with an allocation statement—\n\n(c) the property and 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 Port of Melbourne Corporation was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Port of Melbourne Corporation vest in the Port of Hastings Development Authority.\n\nS. 211 inserted by No. 38/2011 s. 21.\n\n","sortOrder":242},{"sectionNumber":"211","sectionType":"section","heading":"Certificate of chief executive officer—Port of Hastings Development Authority","content":"\t211 Certificate of chief executive officer—Port of Hastings Development Authority\n\n(1) A certificate signed by the chief executive officer of the Port of Melbourne Corporation certifying that property, rights or liabilities of the Port of Melbourne specified in the certificate have been allocated under an allocation statement is, unless revoked under subsection (2), admissible in evidence in any proceedings and, in absence of evidence to the contrary is proof—\n\n(a) that the property, rights or liabilities so specified are the property rights and liabilities to which the allocation statement applies; and\n\n(b) that the allocation statement is an allocation statement for the purposes of this Division.\n\n(2) If the Minister so directs the chief executive officer of the Port of Melbourne Corporation in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate in place of the first certificate.\n\n(3) The chief executive officer of the Port of Melbourne Corporation—\n\n(b) must make the register reasonably available for inspection by the Port of Hastings Development Authority or other interested person.\n\nS. 212 inserted by No. 38/2011 s. 21.\n\n","sortOrder":243},{"sectionNumber":"212","sectionType":"section","heading":"Value of transferred property—Port of Hastings Development Authority","content":"\t212 Value of transferred property—Port of Hastings Development Authority\n\nIf the relevant allocation statement gives the value of property, rights or liabilities of the Port of Melbourne Corporation that are allocated to the Port of Hastings Development Authority, the value to the Port of Hastings Development Authority of the property, rights or liabilities is the value so given.\n\nS. 213 inserted by No. 38/2011 s. 21.\n\n","sortOrder":244},{"sectionNumber":"213","sectionType":"section","heading":"Substitution of party to agreement—Port of Hastings Development Authority","content":"\t213 Substitution of party to agreement—Port of Hastings Development Authority\n\nWhere, under an allocation statement, the rights and liabilities of the Port of Melbourne Corporation under an agreement are allocated to the Port of Hastings Development Authority—\n\n(a) the Port of Hastings Development Authority becomes, on the relevant date, a party to the agreement in place of the Port of Melbourne Corporation; and\n\n(b) on and after the relevant date, the agreement has effect as if the Port of Hastings Development Authority had always been a party to the agreement.\n\nS. 214 inserted by No. 38/2011 s. 21.\n\n","sortOrder":245},{"sectionNumber":"214","sectionType":"section","heading":"Former Port of Melbourne Corporation instruments—Port of Hastings Development Authority","content":"\t214 Former Port of Melbourne Corporation instruments—Port of Hastings Development Authority\n\nEach former Port of Melbourne Corporation instrument relating to former Port of Melbourne Corporation 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 Port of Melbourne Corporation were a reference to the Port of Hastings Development Authority.\n\nS. 215 inserted by No. 38/2011 s. 21.\n\n","sortOrder":246},{"sectionNumber":"215","sectionType":"section","heading":"Proceedings—Port of Hastings Development Authority","content":"\t215 Proceedings—Port of Hastings Development Authority\n\nUnless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former Port of Melbourne Corporation property (including arbitration proceedings) to which the Port of Melbourne Corporation was a party were pending or existing in any court or tribunal, then, on and after that date, the Port of Hastings Development Authority is substituted for the Port of Melbourne Corporation as a party to the proceedings and has the same rights in the proceedings as the Port of Melbourne Corporation had.\n\nS. 216 inserted by No. 38/2011 s. 21.\n\n","sortOrder":247},{"sectionNumber":"216","sectionType":"section","heading":"Interests in land—Port of Hastings Development Authority","content":"\t216 Interests in land—Port of Hastings Development Authority\n\nWithout limiting this Division and despite anything to the contrary in any other Act or law if, immediately before the relevant date, the Port of Melbourne Corporation is, in relation to former Port of Melbourne Corporation 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 Port of Hastings Development Authority is to be taken to be the registered proprietor of that interest in land; and\n\n(b) the Port of Hastings Development Authority has the same rights and remedies in respect of that interest as the Port of Melbourne Corporation had.\n\nS. 217 inserted by No. 38/2011 s. 21.\n\n","sortOrder":248},{"sectionNumber":"217","sectionType":"section","heading":"Easements—Port of Hastings Development Authority","content":"\t217 Easements—Port of Hastings Development Authority\n\nIf the Port of Hastings Development Authority acquires any right in the nature of an easement, that right must be taken to be an easement even though there is no land vested in the Port of Hastings Development Authority which is benefited or capable of being benefited by that right.\n\nS. 218 inserted by No. 38/2011 s. 21.\n\n","sortOrder":249},{"sectionNumber":"218","sectionType":"section","heading":"Amendment of Register—Port of Hastings Development Authority","content":"\t218 Amendment of Register—Port of Hastings Development Authority\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer of the Port of Melbourne Corporation of former Port of Melbourne Corporation property, must make any amendments in the Register that are necessary because of the operation of this Division.\n\n(2) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment of the Register in relation to property that is an easement registered under the **Transfer of Land Act 1958**.\n\nS. 219 inserted by No. 38/2011 s. 21.\n\n","sortOrder":250},{"sectionNumber":"219","sectionType":"section","heading":"Taxes—Port of Hastings Development Authority","content":"\t219 Taxes—Port of Hastings Development Authority\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, 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 Port of Melbourne Corporation.\n\nS. 220 inserted by No. 38/2011 s. 21.\n\n","sortOrder":251},{"sectionNumber":"220","sectionType":"section","heading":"Evidence—Port of Hastings Development Authority","content":"\t220 Evidence—Port of Hastings Development Authority\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of the Port of Melbourne Corporation in relation to former Port of Melbourne Corporation property if this Division had not been enacted, is admissible for or against the interests of the Port of Hastings Development Authority.\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of the Port of Melbourne Corporation and to entries made in those books of account before the relevant date, whether or not they relate to former Port of Melbourne Corporation property, as if those books of account and entries were business records.\n\nS. 221 inserted by No. 38/2011 s. 21.\n\n","sortOrder":252},{"sectionNumber":"221","sectionType":"section","heading":"Validity of things done under this Division","content":"\t221 Validity of things done under this Division\n\n(1) Nothing effected or to be effected by this Division or done or suffered under this Division—\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 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 asset, right or liability; or\n\nS. 222 inserted by No. 38/2011 s. 21.\n\n","sortOrder":253},{"sectionNumber":"222","sectionType":"section","heading":"Minister may direct Port of Melbourne Corporation to lease land to Port of Hastings Development Authority","content":"\t222 Minister may direct Port of Melbourne Corporation to lease land to Port of Hastings Development Authority\n\nThe Minister, after consultation with the Minister administering Part II of the **Transport (Compliance and Miscellaneous) Act 1983**, may in writing direct the Port of Melbourne Corporation to lease any land vested in it to the Port of Hastings Development Authority, on the terms and conditions specified in the direction.\n\nS. 223 inserted by No. 38/2011 s. 21.\n\n","sortOrder":254},{"sectionNumber":"223","sectionType":"section","heading":"Transfer of staff from Port of Melbourne Corporation to Port of Hastings Development Authority","content":"\t223 Transfer of staff from Port of Melbourne Corporation to Port of Hastings Development Authority\n\n(1) In this section—\n\n***2011 Act*** means the **Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011**;\n\n***Port of Hastings commencement*** means the day on which sections 6, 7 and 11 of the 2011 Act come into operation.\n\n(2) The Secretary must list in writing the employees and officers of the Port of Melbourne Corporation employed by the Port of Melbourne Corporation immediately before the Port of Hastings commencement who are to be employed by the Port of Hastings Development Authority.\n\n(3) An employee or officer listed under subsection (2) is taken—\n\n(a) to be employed by the Port of Hastings Development Authority with effect from the Port of Hastings commencement; and\n\n(b) to be employed by the Port of Hastings Development Authority on the same terms and conditions as those that applied to the employee or officer, immediately before that commencement, as an employee or officer of the Port of Melbourne Corporation; and\n\n(c) having accrued an entitlement to benefits in connection with that employment by the Port of Hastings Development Authority, that is equivalent to the entitlement that the employee or officer had accrued, as an employee or officer of the Port of Melbourne Corporation, immediately before that commencement.\n\n(4) The service of an employee or officer listed under subsection (2) is to be regarded for all purposes as having been continuous with the service of the employee or officer, immediately before the Port of Hastings commencement, as an employee or officer of the Port of Melbourne Corporation.\n\n(5) An employee or officer listed under subsection (2) is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee or officer of the Port of Melbourne Corporation because of the operation of this Division.\n\n(6) The superannuation entitlements of any employee or officer listed under subsection (2) are taken not to be affected by that employee or officer becoming an employee or officer of the Port of Hastings Development Authority.\n\n(7) Nothing in this section prevents—\n\n(a) any of the terms and conditions of employment of an employee or officer listed under subsection (2) from being altered by or under any law, award or agreement with effect from any time after the Port of Hastings commencement; or\n\n(b) an employee or officer listed under subsection (2) from resigning or being dismissed at any time after the Port of Hastings commencement in accordance with the then existing terms and conditions of that employee or officer's employment.\n\nDivision 2—Transfer of property to Victorian Regional Channels Authority\n\nS. 224 inserted by No. 38/2011 s. 21.\n\n","sortOrder":255},{"sectionNumber":"224","sectionType":"section","heading":"Definitions—Division 2","content":"\t224 Definitions—Division 2\n\n(1) In this Division—\n\n***allocation statement*** means an allocation statement given under section 225(3) and approved by the Minister under section 225(5) and includes a statement that has been amended under section 225(7) and (8);\n\n***former Port of Melbourne Corporation instrument*** means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the relevant date—\n\n(a) to which the Port of Melbourne Corporation was a party; or\n\n(b) that was given to, or in favour of, the Port of Melbourne Corporation; or\n\n(c) that refers to the Port of Melbourne Corporation; or\n\n(i) money is, or may become, payable to the Port of Melbourne Corporation; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by the Port of Melbourne Corporation;\n\n***former Port of Melbourne Corporation property*** means property, rights or liabilities of the Port of Melbourne Corporation that, under this Division, have vested in, or become liabilities of, the Victorian Regional Channels Authority;\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 date***, in relation to an allocation statement or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;\n\n(2) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement.\n\nS. 225 inserted by No. 38/2011 s. 21.\n\n","sortOrder":256},{"sectionNumber":"225","sectionType":"section","heading":"Minister may direct transfer of Port of Melbourne Corporation property to Victorian Regional Channels Authority","content":"\t225 Minister may direct transfer of Port of Melbourne Corporation property to Victorian Regional Channels Authority\n\n(1) The Minister may give a direction in writing to the Port of Melbourne Corporation directing it to transfer, in accordance with the direction, any property, rights and liabilities of a kind specified in the direction to the Victorian Regional Channels Authority.\n\n(2) A direction under subsection (1) may include directions as to the method of valuation to be used by the Port of Melbourne Corporation for the purposes of determining the value of property, rights and liabilities to be transferred.\n\n(3) Within 45 days after receiving a direction under subsection (1), the Port of Melbourne Corporation must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities of the Port of Melbourne Corporation to which the direction relates, as at the date specified by the Minister for the purposes of this section.\n\n(4) A statement under this section—\n\n(a) must give the value of the property, rights and liabilities of the Port of Melbourne Corporation to be transferred; and\n\n(b) must allocate the property, rights and liabilities of the Port of Melbourne Corporation shown in the statement in accordance with the directions of the Minister; and\n\n(c) must be signed by the chief executive officer of the Port of Melbourne Corporation.\n\n(5) If a statement under this section is approved by the Minister—\n\n(b) the statement is an allocation statement for the purposes of this Division.\n\n(6) The Minister may at any time direct the Port of Melbourne Corporation to amend a statement given to him or her under this section as specified in the direction.\n\n(7) An allocation statement under this section may be amended by writing signed by the Minister.\n\n(8) An amendment under subsection (7) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the Port of Melbourne Corporation or the Victorian Regional Channels Authority in relation to that statement.\n\nS. 226 inserted by No. 38/2011 s. 21.\n\n","sortOrder":257},{"sectionNumber":"226","sectionType":"section","heading":"Property transferred in accordance with direction—Victorian Regional Channels Authority","content":"\t226 Property transferred in accordance with direction—Victorian Regional Channels Authority\n\n(a) all property and rights of the Port of Melbourne Corporation, wherever located, that are allocated under an allocation statement, vest in the Victorian Regional Channels Authority in accordance with the statement;\n\n(b) all liabilities of the Port of Melbourne Corporation, wherever located, that are allocated under an allocation statement, become liabilities of the Victorian Regional Channels Authority in accordance with the statement.\n\nS. 227 inserted by No. 38/2011 s. 21.\n\n","sortOrder":258},{"sectionNumber":"227","sectionType":"section","heading":"Allocation of property etc. subject to encumbrances—Victorian Regional Channels Authority","content":"\t227 Allocation of property etc. subject to encumbrances—Victorian Regional Channels Authority\n\nUnless an allocation statement otherwise provides, where, under this Division—\n\n(a) property and rights vest in; or\n\n(b) liabilities become liabilities of—\n\nthe Victorian Regional Channels Authority in accordance with an allocation statement—\n\n(c) the property and 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 Port of Melbourne Corporation was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Port of Melbourne Corporation vest in the Victorian Regional Channels Authority.\n\nS. 228 inserted by No. 38/2011 s. 21.\n\n","sortOrder":259},{"sectionNumber":"228","sectionType":"section","heading":"Certificate of chief executive officer—Victorian Regional Channels Authority","content":"\t228 Certificate of chief executive officer—Victorian Regional Channels Authority\n\n(1) A certificate signed by the chief executive officer of the Port of Melbourne Corporation certifying that property, rights or liabilities of the Port of Melbourne specified in the certificate have been allocated is, unless revoked under subsection (2), admissible in evidence and, in the absence of evidence to the contrary is proof—\n\n(a) that the property, rights or liabilities so specified are the property rights and liabilities to which the allocation statement applies; and\n\n(b) that the allocation statement is an allocation statement for the purposes of this Division.\n\n(2) If the Minister so directs the chief executive officer of the Port of Melbourne Corporation in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate in place of the first certificate.\n\n(3) The chief executive officer of the Port of Melbourne Corporation—\n\n(b) must make the register reasonably available for inspection by the Victorian Regional Channels Authority or other interested person.\n\nS. 229 inserted by No. 38/2011 s. 21.\n\n","sortOrder":260},{"sectionNumber":"229","sectionType":"section","heading":"Value of transferred property—Victorian Regional Channels Authority","content":"\t229 Value of transferred property—Victorian Regional Channels Authority\n\nIf the relevant allocation statement gives the value of property, rights or liabilities of the Port of Melbourne Corporation that are allocated to the Victorian Regional Channels Authority, the value to the Victorian Regional Channels Authority of the property, rights or liabilities is the value so given.\n\nS. 230 inserted by No. 38/2011 s. 21.\n\n","sortOrder":261},{"sectionNumber":"230","sectionType":"section","heading":"Substitution of party to agreement—Victorian Regional Channels Authority","content":"\t230 Substitution of party to agreement—Victorian Regional Channels Authority\n\nWhere, under an allocation statement, the rights and liabilities of the Port of Melbourne Corporation under an agreement are allocated to the Victorian Regional Channels Authority—\n\n(a) the Victorian Regional Channels Authority becomes, on the relevant date, a party to the agreement in place of the Port of Melbourne Corporation; and\n\n(b) on and after the relevant date, the agreement has effect as if the Victorian Regional Channels Authority had always been a party to the agreement.\n\nS. 231 inserted by No. 38/2011 s. 21.\n\n","sortOrder":262},{"sectionNumber":"231","sectionType":"section","heading":"Former Port of Melbourne Corporation instruments—Victorian Regional Channels Authority","content":"\t231 Former Port of Melbourne Corporation instruments—Victorian Regional Channels Authority\n\nEach former Port of Melbourne Corporation instrument relating to former Port of Melbourne Corporation 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 Port of Melbourne Corporation were a reference to the Victorian Regional Channels Authority.\n\nS. 232 inserted by No. 38/2011 s. 21.\n\n","sortOrder":263},{"sectionNumber":"232","sectionType":"section","heading":"Proceedings—Victorian Regional Channels Authority","content":"\t232 Proceedings—Victorian Regional Channels Authority\n\nUnless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former Port of Melbourne Corporation property (including arbitration proceedings) to which the Port of Melbourne Corporation was a party were pending or existing in any court or tribunal, then, on and after that date, the Victorian Regional Channels Authority is substituted for the Port of Melbourne Corporation as a party to the proceedings and has the same rights in the proceedings as the Port of Melbourne Corporation had.\n\nS. 233 inserted by No. 38/2011 s. 21.\n\n","sortOrder":264},{"sectionNumber":"233","sectionType":"section","heading":"Interests in land—Victorian Regional Channels Authority","content":"\t233 Interests in land—Victorian Regional Channels Authority\n\nWithout limiting this Division and despite anything to the contrary in any other Act or law if, immediately before the relevant date, the Port of Melbourne Corporation is, in relation to former Port of Melbourne Corporation 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 Victorian Regional Channels Authority is to be taken to be the registered proprietor of that interest in land; and\n\n(b) the Victorian Regional Channels Authority has the same rights and remedies in respect of that interest as the Port of Melbourne Corporation had.\n\nS. 234 inserted by No. 38/2011 s. 21.\n\n","sortOrder":265},{"sectionNumber":"234","sectionType":"section","heading":"Easements—Victorian Regional Channels Authority","content":"\t234 Easements—Victorian Regional Channels Authority\n\nIf the Victorian Regional Channels Authority acquires any right in the nature of an easement (whether as a result of an allocation under this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the Victorian Regional Channels Authority which is benefited or capable of being benefited by that right.\n\nS. 235 inserted by No. 38/2011 s. 21.\n\n","sortOrder":266},{"sectionNumber":"235","sectionType":"section","heading":"Amendment of Register—Victorian Regional Channels Authority","content":"\t235 Amendment of Register—Victorian Regional Channels Authority\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer of the Port of Melbourne Corporation of former Port of Melbourne Corporation property, must make any amendments in the Register that are necessary because of the operation of this Division.\n\n(2) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment of the Register in relation to property that is an easement registered under the **Transfer of Land Act 1958**.\n\nS. 236 inserted by No. 38/2011 s. 21.\n\n","sortOrder":267},{"sectionNumber":"236","sectionType":"section","heading":"Taxes—Victorian Regional Channels Authority","content":"\t236 Taxes—Victorian Regional Channels Authority\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, 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 Port of Melbourne Corporation.\n\nS. 237 inserted by No. 38/2011 s. 21.\n\n","sortOrder":268},{"sectionNumber":"237","sectionType":"section","heading":"Evidence—Victorian Regional Channels Authority","content":"\t237 Evidence—Victorian Regional Channels Authority\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of the Port of Melbourne Corporation in relation to former Port of Melbourne Corporation property if this Division had not been enacted is admissible for or against the interests of the Victorian Regional Channels Authority.\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of the Port of Melbourne Corporation and to entries made in those books of account before the relevant date, whether or not they relate to former Port of Melbourne Corporation property, as if those books of account and entries were business records.\n\nS. 238 inserted by No. 38/2011 s. 21.\n\n","sortOrder":269},{"sectionNumber":"238","sectionType":"section","heading":"Validity of things done under this Division","content":"\t238 Validity of things done under this Division\n\n(1) Nothing effected or to be effected by this Division or done or suffered under this Division—\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 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 asset, right or liability; or\n\n(2) In this section ***Act***  does not include the **Charter of Human Rights and Responsibilities Act 2006**.\n\nS. 239 inserted by No. 38/2011 s. 21.\n\n","sortOrder":270},{"sectionNumber":"239","sectionType":"section","heading":"Minister may direct Port of Melbourne Corporation to lease land to Victorian Regional Channels Authority","content":"\t239 Minister may direct Port of Melbourne Corporation to lease land to Victorian Regional Channels Authority\n\nThe Minister, after consultation with the Minister administering Part II of the **Transport (Compliance and Miscellaneous) Act 1983**, may in writing direct the Port of Melbourne Corporation to lease any land vested in it to the Victorian Regional Channels Authority, on the terms and conditions specified in the direction.\n\nPt 10 (Headings and ss  \n240–263) inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":271},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transport Legislation Amendment","content":"Part 10—Transport Legislation Amendment  \n(Public Transport Development Authority) Act 2011\n\nS. 240 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":272},{"sectionNumber":"240","sectionType":"section","heading":"Purpose of Part","content":"\t240 Purpose of Part\n\nThe purpose of this Part is to facilitate the establishment of the Public Transport Development Authority.\n\nS. 241 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":273},{"sectionNumber":"241","sectionType":"section","heading":"Definitions","content":"\t241 Definitions\n\n(1) In this Part—\n\n***allocation statement*** means an allocation statement given under section 242, 243, 244, 245, 246 or 247 and includes a statement that has been amended under the relevant section;\n\n***former relevant transferor instrument*** means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the relevant date—\n\n(a) to which the relevant transferor was a party; or\n\n(b) that was given to, or in favour of, the relevant transferor; or\n\n(c) that refers to the relevant transferor; or\n\n(i) money is, or may become, payable to the relevant transferor; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by the relevant transferor;\n\n***former relevant transferor property*** means property, rights or liabilities of the relevant transferor that, under this Part, have vested in, or become liabilities of, the relevant transferee;\n\n***Metlink*** means Metlink Victoria Pty Ltd (ACN 105 274 904);\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***Public Transport Ticketing Body*** has the same meaning as it has in section 2(1) of the **Transport (Compliance and Miscellaneous) Act 1983**;\n\n***relevant date***, in relation to an allocation statement or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;\n\n***relevant transferee*** means—\n\n(a) in respect of an allocation statement given under section 242, the Public Transport Development Authority, the Secretary on behalf of the Crown, Victorian Rail Track or V/Line Corporation as specified in the allocation statement;\n\n(b) in respect of an allocation statement given under section 243, the Public Transport Development Authority or the Secretary on behalf of the Crown as specified in the allocation statement;\n\n(c) in respect of an allocation statement given under section 244, the Public Transport Development Authority;\n\n(d) in respect of an allocation statement given under section 245, the Public Transport Development Authority;\n\n(e) in respect of an allocation statement given under section 246, the Public Transport Development Authority or the Secretary on behalf of the Crown as specified in the allocation statement;\n\n(f) in respect of an allocation statement given under section 247, the Public Transport Development Authority;\n\n***relevant transferor*** means—\n\n(a) in respect of an allocation statement given under section 242, the Director of Public Transport on behalf of the Crown;\n\n(b) in respect of an allocation statement given under section 243, the Public Transport Ticketing Body;\n\n(c) in respect of an allocation statement given under section 244, Victorian Rail Track;\n\n(d) in respect of an allocation statement given under section 245, V/Line Corporation;\n\n(e) in respect of an allocation statement given under section 246, Metlink;\n\n(f) in respect of an allocation statement given under section 247, the Secretary on behalf of the Crown;\n\n(2) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement.\n\nDivision 2—Transfer of property, rights and liabilities and staff\n\nS. 242 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":274},{"sectionNumber":"242","sectionType":"section","heading":"Minister may direct transfer of Director of Public Transport property, rights and liabilities held on behalf of the Crown","content":"\t242 Minister may direct transfer of Director of Public Transport property, rights and liabilities held on behalf of the Crown\n\n(1) The Minister may give a direction in writing to the Director of Public Transport directing the Director of Public Transport on behalf of the Crown to transfer, in accordance with the direction, any property, rights and liabilities of a kind specified in the direction to—\n\n(b) the Secretary on behalf of the Crown; or\n\n(c) Victorian Rail Track; or\n\n(d) V/Line Corporation.\n\n(2) A direction under subsection (1) may include directions as to the method of valuation to be used by the Director of Public Transport for the purposes of determining the value of property, rights and liabilities to be transferred.\n\n(3) Within the time period specified in a direction under subsection (1), the Director of Public Transport must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities of the Director of Public Transport on behalf of the Crown to which the direction relates, as at the date specified by the Minister for the purposes of this section.\n\n(4) Unless the relevant transferor otherwise agrees, the time period specified in a direction under subsection (1) must not be less than 45 days.\n\n(a) must give the value of the property, rights and liabilities of the Director of Public Transport on behalf of the Crown to be transferred; and\n\n(b) must allocate the property, rights and liabilities of the Director of Public Transport on behalf of the Crown shown in the statement in accordance with the directions of the Minister; and\n\n(c) must be signed by the Director of Public Transport.\n\n(7) The Minister may at any time direct the Director of Public Transport to amend a statement given to him or her under this section as specified in the direction.\n\n(9) An amendment under subsection (8) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the Director of Public Transport on behalf of the Crown, or as the case may be, the Public Transport Development Authority, the Secretary on behalf of the Crown, Victorian Rail Track or V/Line Corporation in relation to that statement.\n\nS. 243 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":275},{"sectionNumber":"243","sectionType":"section","heading":"Minister may direct transfer of Public Transport Ticketing Body property, rights and liabilities","content":"\t243 Minister may direct transfer of Public Transport Ticketing Body property, rights and liabilities\n\n(1) The Minister may give a direction in writing to the Public Transport Ticketing Body directing the Public Transport Ticketing Body to transfer, in accordance with the direction, any property, rights and liabilities of a kind specified in the direction to—\n\n(b) the Secretary on behalf of the Crown.\n\n(2) A direction under subsection (1) may include directions as to the method of valuation to be used by the Public Transport Ticketing Body for the purposes of determining the value of property, rights and liabilities to be transferred.\n\n(3) Within the time period specified in a direction under subsection (1), the Public Transport Ticketing Body must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities of the Public Transport Ticketing Body to which the direction relates, as at the date specified by the Minister for the purposes of this section.\n\n(4) Unless the relevant transferor otherwise agrees, the time period specified in a direction under subsection (1) must not be less than 45 days.\n\n(a) must give the value of the property, rights and liabilities of the Public Transport Ticketing Body to be transferred; and\n\n(b) must allocate the property, rights and liabilities of the Public Transport Ticketing Body shown in the statement in accordance with the directions of the Minister; and\n\n(c) must be signed by the chief executive officer of the Public Transport Ticketing Body.\n\n(7) The Minister may at any time direct the Public Transport Ticketing Body to amend a statement given to him or her under this section as specified in the direction.\n\n(9) An amendment under subsection (8) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the Public Transport Ticketing Body, or as the case may be, the Public Transport Development Authority or the Secretary on behalf of the Crown in relation to that statement.\n\nS. 244 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":276},{"sectionNumber":"244","sectionType":"section","heading":"Minister may direct transfer of Victorian Rail Track property, rights and liabilities","content":"\t244 Minister may direct transfer of Victorian Rail Track property, rights and liabilities\n\n(1) The Minister may give a direction in writing to Victorian Rail Track directing Victorian Rail Track to transfer, in accordance with the direction, any property, rights and liabilities of a kind specified in the direction to the Public Transport Development Authority.\n\n(2) A direction under subsection (1) may include directions as to the method of valuation to be used by Victorian Rail Track for the purposes of determining the value of property, rights and liabilities to be transferred.\n\n(3) Within the time period specified in a direction under subsection (1), Victorian Rail Track must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities of Victorian Rail Track to which the direction relates, as at the date specified by the Minister for the purposes of this section.\n\n(4) Unless Victorian Rail Track otherwise agrees, the time period specified in a direction under subsection (1) must not be less than 45 days.\n\n(a) must give the value of the property, rights and liabilities of Victorian Rail Track to be transferred; and\n\n(b) must allocate the property, rights and liabilities of Victorian Rail Track shown in the statement in accordance with the directions of the Minister; and\n\n(c) must be signed by the chief executive officer of Victorian Rail Track.\n\n(7) The Minister may at any time direct Victorian Rail Track to amend a statement given to him or her under this section as specified in the direction.\n\n(9) An amendment under subsection (8) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than Victorian Rail Track or the Public Transport Development Authority in relation to that statement.\n\nS. 245 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":277},{"sectionNumber":"245","sectionType":"section","heading":"Minister may direct transfer of V/Line Corporation property, rights and liabilities","content":"\t245 Minister may direct transfer of V/Line Corporation property, rights and liabilities\n\n(1) The Minister may give a direction in writing to V/Line Corporation directing V/Line Corporation to transfer, in accordance with the direction, any property, rights and liabilities of a kind specified in the direction to the Public Transport Development Authority.\n\n(2) A direction under subsection (1) may include directions as to the method of valuation to be used by V/Line Corporation for the purposes of determining the value of property, rights and liabilities to be transferred.\n\n(3) Within the time period specified in a direction under subsection (1), V/Line Corporation must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities of V/Line Corporation to which the direction relates, as at the date specified by the Minister for the purposes of this section.\n\n(4) Unless V/Line Corporation otherwise agrees, the time period specified in a direction under subsection (1) must not be less than 45 days.\n\n(a) must give the value of the property, rights and liabilities of V/Line Corporation to be transferred; and\n\n(b) must allocate the property, rights and liabilities of V/Line Corporation shown in the statement in accordance with the directions of the Minister; and\n\n(c) must be signed by the chief executive officer of V/Line Corporation.\n\n(7) The Minister may at any time direct V/Line Corporation to amend a statement given to him or her under this section as specified in the direction.\n\n(9) An amendment under subsection (8) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than V/Line Corporation or the Public Transport Development Authority in relation to that statement.\n\nS. 246 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":278},{"sectionNumber":"246","sectionType":"section","heading":"Transfer of Metlink property, rights and liabilities","content":"\t246 Transfer of Metlink property, rights and liabilities\n\n(1) If Metlink and the Secretary enter into an agreement which includes a provision expressed to be a transfer provision for the purposes of this section, the Secretary may in accordance with the agreement give the Minister a statement approved by the Minister relating to the transfer of property, rights and liabilities specified in the agreement to—\n\n(b) the Secretary on behalf of the Crown.\n\n(2) A statement under this section—\n\n(a) must allocate the property, rights and liabilities of Metlink shown in the statement in accordance with the agreement; and\n\n(b) must be signed by the Secretary.\n\n(3) If a statement under this section is approved by the Minister—\n\n(4) An allocation statement under this section may be amended by writing signed by the Minister.\n\n(5) An amendment under subsection (4) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment is in accordance with the agreement between Metlink and the Secretary and does not adversely affect any property, rights or liabilities of a person other than Metlink, or as the case may be, the Public Transport Development Authority or the Secretary on behalf of the Crown in relation to that statement.\n\nS. 247 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":279},{"sectionNumber":"247","sectionType":"section","heading":"Minister may direct transfer of Secretary property, rights and liabilities held on behalf of the Crown","content":"\t247 Minister may direct transfer of Secretary property, rights and liabilities held on behalf of the Crown\n\n(1) The Minister may give a direction in writing to the Secretary directing the Secretary to transfer, in accordance with the direction, any property, rights and liabilities held by the Secretary on behalf of the Crown of a kind specified in the direction to the Public Transport Development Authority.\n\n(2) A direction under subsection (1) may include directions as to the method of valuation to be used by the Secretary for the purposes of determining the value of property, rights and liabilities to be transferred.\n\n(3) Within the time period specified in a direction under subsection (1), the Secretary must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities held by the Secretary on behalf of the Crown to which the direction relates, as at the date specified by the Minister for the purposes of this section.\n\n(4) Unless the Secretary otherwise agrees, the time period specified in a direction under subsection (1) must not be less than 45 days.\n\n(a) must give the value of the property, rights and liabilities held by the Secretary on behalf of the Crown to be transferred; and\n\n(b) must allocate the property, rights and liabilities held by the Secretary on behalf of the Crown shown in the statement in accordance with the directions of the Minister; and\n\n(c) must be signed by the Secretary.\n\n(7) 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(9) An amendment under subsection (8) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the Secretary on behalf of the Crown or the Public Transport Development Authority in relation to that statement.\n\nS. 248 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":280},{"sectionNumber":"248","sectionType":"section","heading":"Property, rights and liabilities allocated in accordance with direction","content":"\t248 Property, rights and liabilities allocated in accordance with direction\n\n(a) all property and rights of the relevant transferor, wherever located, that are allocated under an allocation statement, vest in the relevant transferee in accordance with the statement;\n\n(b) all liabilities of the relevant transferor, wherever located, that are allocated under an allocation statement, become liabilities of the relevant transferee in accordance with the statement.\n\nS. 249 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":281},{"sectionNumber":"249","sectionType":"section","heading":"Allocation of property and rights subject to encumbrances","content":"\t249 Allocation of property and rights subject to encumbrances\n\nUnless an allocation statement otherwise provides, where, under this Part, property and rights vest in, or liabilities become liabilities of, the relevant transferee in accordance with an allocation statement—\n\n(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(b) the rights to which the relevant transferor was entitled in respect of those liabilities immediately before they ceased to be liabilities of the relevant transferor vest in the relevant transferee.\n\nS. 250 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":282},{"sectionNumber":"250","sectionType":"section","heading":"Certificate of chief executive officer","content":"\t250 Certificate of chief executive officer\n\n(1) A certificate signed by the chief executive officer of the relevant transferor certifying that property, rights or liabilities of the relevant transferor specified in the certificate have been allocated is, unless revoked under subsection (2), admissible as evidence and, in the absence of evidence to the contrary is proof—\n\n(a) that the property, rights or liabilities so specified are the property, rights and liabilities to which the allocation statement applies; and\n\n(2) If the Minister so directs the chief executive officer of the relevant transferor in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate in place of the first certificate.\n\n(3) The chief executive officer of the relevant transferor—\n\n(b) must make the register reasonably available for inspection by the relevant transferee or other interested person.\n\n(4) If the relevant transferor is the Director of Public Transport on behalf of the Crown, a reference in this section to the chief executive officer of the relevant transferor is to be construed as a reference to the Director of Public Transport.\n\n(5) This section does not apply if the relevant transferor is Metlink.\n\nS. 251 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":283},{"sectionNumber":"251","sectionType":"section","heading":"Certificate of Secretary—Metlink property, rights or liabilities","content":"\t251 Certificate of Secretary—Metlink property, rights or liabilities\n\n(1) A certificate signed by the Secretary certifying that property, rights or liabilities of Metlink specified in the certificate have been allocated is, unless revoked under subsection (2), admissible as evidence and, in the absence of evidence to the contrary is proof—\n\nS. 251(1)(a) amended by No. 43/2012 s. 3(Sch. item 54).\n\n(a) that the property, rights or liabilities so specified are the property, rights and liabilities to which the allocation statement applies; and\n\n(2) If the Minister so directs the Secretary in writing, the Secretary must revoke a certificate given under subsection (1) by issuing another certificate in place of the first certificate.\n\n(3) The Secretary—\n\n(b) must make the register reasonably available for inspection by the relevant transferee or other interested person.\n\nS. 252 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":284},{"sectionNumber":"252","sectionType":"section","heading":"Value of allocated property, rights or liabilities","content":"\t252 Value of allocated property, rights or liabilities\n\nIf the relevant allocation statement gives the value of property, rights or liabilities of the relevant transferor that are allocated to the relevant transferee, the value to the relevant transferee of the property, rights or liabilities is the value so given.\n\nS. 253 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":285},{"sectionNumber":"253","sectionType":"section","heading":"Substitution of party to agreement","content":"\t253 Substitution of party to agreement\n\nWhere, under an allocation statement, the rights and liabilities of the relevant transferor under an agreement are allocated to the relevant transferee—\n\n(a) the relevant transferee becomes, on the relevant date, a party to the agreement in place of the relevant transferor; and\n\n(b) on and after the relevant date, the agreement has effect as if the relevant transferee had always been a party to the agreement.\n\nS. 254 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":286},{"sectionNumber":"254","sectionType":"section","heading":"Former relevant transferor instruments","content":"\t254 Former relevant transferor instruments\n\nUnless an allocation statement otherwise provides, each former relevant transferor instrument relating to former relevant transferor 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 relevant transferor were a reference to the relevant transferee.\n\nS. 255 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":287},{"sectionNumber":"255","sectionType":"section","heading":"Proceedings","content":"\t255 Proceedings\n\nUnless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former relevant transferor property (including arbitration proceedings) to which the relevant transferor was a party were pending or existing in any court or tribunal, then, on and after that date, the relevant transferee is substituted for the relevant transferor as a party to the proceedings and has the same rights in the proceedings as the relevant transferor had.\n\nS. 256 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":288},{"sectionNumber":"256","sectionType":"section","heading":"Interests in land","content":"\t256 Interests in land\n\nWithout limiting this Part and despite anything to the contrary in any other Act or law if, immediately before the relevant date, the relevant transferor is, in relation to former relevant transferor 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 relevant transferee is to be taken to be the registered proprietor of that interest in land; and\n\n(b) the relevant transferee has the same rights and remedies in respect of that interest as the relevant transferor had.\n\nS. 257 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":289},{"sectionNumber":"257","sectionType":"section","heading":"Easements","content":"\t257 Easements\n\nIf the relevant transferee acquires any right in the nature of an easement (whether as a result of an allocation under this Part or otherwise), that right must be taken to be an easement even though there is no land vested in the relevant transferee which is benefited or capable of being benefited by that right.\n\nS. 258 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":290},{"sectionNumber":"258","sectionType":"section","heading":"Amendment of Register","content":"\t258 Amendment of Register\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer of the relevant transferor of former relevant transferor property, must make any amendments in the Register that are necessary because of the operation of this Part.\n\n(2) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment of the Register in relation to property that is an easement registered under the **Transfer of Land Act 1958**.\n\n(3) If the relevant transferor is—\n\n(a) the Director of Public Transport on behalf of the Crown, the reference in subsection (1) to the chief executive officer of the relevant transferor is to be construed as a reference to the Director of Public Transport;\n\n(b) if the relevant transferor is Metlink, the reference in subsection (1) to the chief executive officer of the relevant transferor is to be construed as a reference to the Secretary.\n\nS. 259 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":291},{"sectionNumber":"259","sectionType":"section","heading":"Taxes","content":"\t259 Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, 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 relevant transferor.\n\nS. 260 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":292},{"sectionNumber":"260","sectionType":"section","heading":"Evidence","content":"\t260 Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of the relevant transferor in relation to former relevant transferor property if this Division had not been enacted is admissible for or against the interests of the relevant transferee.\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of the relevant transferor and to entries made in those books of account before the relevant date, whether or not they relate to former relevant transferor property, as if those books of account and entries were business records.\n\nS. 261 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":293},{"sectionNumber":"261","sectionType":"section","heading":"Transfer of employees of Public Transport Ticketing Body to the Public Transport Development Authority","content":"\t261 Transfer of employees of Public Transport Ticketing Body to the Public Transport Development Authority\n\n(1) This section applies to an employee of the Public Transport Ticketing Body who is not employed under Part 3 of the **Public Administration Act 2004**.\n\n(2) If as a result of an allocation statement it is necessary to transfer any employees from the Public Transport Ticketing Body to the Public Transport Development Authority, the chief executive officer of the Public Transport Ticketing Body must list in writing the persons who were employed by the Public Transport Ticketing Body before the relevant date and who the chief executive officer of the Public Transport Ticketing Body determines should be transferred to the Public Transport Development Authority.\n\n(3) An employee who is listed under subsection (2) is transferred under this section and is to be regarded as—\n\n(a) being employed by the Public Transport Development Authority with effect from the relevant date;\n\n(b) having been so employed on the same terms and conditions as those that applied to the person immediately before the relevant date;\n\n(c) having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued immediately before the relevant date.\n\n(4) The service of an employee transferred under this section is to be regarded for all purposes as having been continuous with the service of the employee immediately before the relevant date.\n\n(5) An employee transferred under this section is not entitled to receive any payment or other benefit by reason only of having ceased to be employed by the Public Transport Ticketing Body because of the operation of this Part.\n\n(6) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the relevant date, employed by virtue of this section by the Public Transport Development Authority, is admissible in evidence in any proceedings as evidence of the matters stated in it.\n\n(7) The superannuation entitlements of any person who is transferred under this section are to be taken not to be affected by that person being transferred.\n\n(a) any of the terms and conditions of employment of a person transferred under this section from being altered by or under any law, award or agreement with effect from any time after the relevant date; or\n\n(b) a person transferred under this section from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment with the Public Transport Development Authority.\n\nS. 262 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":294},{"sectionNumber":"262","sectionType":"section","heading":"Transfer of employees of Metlink to the Public Transport Development Authority","content":"\t262 Transfer of employees of Metlink to the Public Transport Development Authority\n\n(1) This section applies to an employee of Metlink who accepts an offer of employment made by the Public Transport Development Authority.\n\n(2) If as a result of an allocation statement it is necessary to transfer any employees from Metlink to the Public Transport Development Authority, the chief executive officer of Metlink must list in writing the persons who were employed by Metlink before the relevant date and who the chief executive officer of Metlink determines have accepted an offer of employment made by the Public Transport Development Authority and should be transferred to the Public Transport Development Authority.\n\n(3) An employee who is listed under subsection (2) is transferred under this section and is to be regarded as—\n\n(a) being employed by the Public Transport Development Authority with effect from the relevant date;\n\n(b) having been so employed on the same terms and conditions as those that applied to the person immediately before the relevant date;\n\n(c) having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued immediately before the relevant date.\n\n(4) The service of an employee transferred under this section is to be regarded for all purposes as having been continuous with the service of the employee immediately before the relevant date.\n\n(5) An employee transferred under this section is not entitled to receive any payment or other benefit by reason only of having ceased to be employed by Metlink because of the operation of this Part.\n\n(6) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the relevant date, employed by virtue of this section by the Public Transport Development Authority, is admissible in evidence in any proceedings as evidence of the matters stated in it.\n\n(7) The superannuation entitlements of any person who is transferred under this section are to be taken not to be affected by that person being transferred.\n\n(a) any of the terms and conditions of employment of a person transferred under this section from being altered by or under any law, award or agreement with effect from any time after the relevant date; or\n\n(b) a person transferred under this section from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment with the Public Transport Development Authority.\n\nS. 263 inserted by No. 61/2011 s. 4 (as amended by No. 43/2012 s. 3(Sch. item 55)).\n\n","sortOrder":295},{"sectionNumber":"263","sectionType":"section","heading":"Validity of things done under this Part","content":"\t263 Validity of things done under this Part\n\n(1) Nothing effected or to be effected by this Part or done or suffered under this Part—\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 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 asset, right or liability; or\n\nPt 10 Div. 3 (Heading and ss 264–271) inserted by No. 61/2011 s. 27.\n\nDivision 3—Administrator of the Public Transport Ticketing Body\n\nS. 264 inserted by No. 61/2011 s. 27.\n\n","sortOrder":296},{"sectionNumber":"264","sectionType":"section","heading":"Provisions to prevail","content":"\t264 Provisions to prevail\n\nThis Division applies despite anything to the contrary in the **State Owned Enterprises Act 1992** or any other Act making any provision in respect of the Public Transport Ticketing Body.\n\nS. 265 inserted by No. 61/2011 s. 27.\n\n","sortOrder":297},{"sectionNumber":"265","sectionType":"section","heading":"The Administrator","content":"\t265 The Administrator\n\n(1) There shall be an Administrator of the Public Transport Ticketing Body.\n\n(2) The Administrator is to be appointed by the Minister.\n\n(3) The term of the office of the Administrator is the term (not exceeding 2 years) specified in the instrument of appointment.\n\n(4) The Administrator is appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.\n\n(5) Subject to this Division, the Administrator is eligible for re-appointment.\n\n(6) The **Public Administration Act 2004** does not apply to the Administrator.\n\nS. 266 inserted by No. 61/2011 s. 27.\n\n","sortOrder":298},{"sectionNumber":"266","sectionType":"section","heading":"Vacancy, resignation or removal from office","content":"\t266 Vacancy, resignation or removal from office\n\n(1) The office of the Administrator becomes vacant if the Administrator—\n\n(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n\n(b) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence.\n\n(2) The Administrator may resign by notice in writing delivered to the Minister.\n\n(3) The Minister may remove the Administrator from office.\n\nS. 267 inserted by No. 61/2011 s. 27.\n\n","sortOrder":299},{"sectionNumber":"267","sectionType":"section","heading":"Functions and powers","content":"\t267 Functions and powers\n\n(1) The Administrator has the functions and powers conferred on the Administrator under this or any other Act.\n\n(2) Without limiting the generality of subsection (1), the Administrator has the function of procuring the orderly winding up of the affairs of the Public Transport Ticketing Body.\n\n(3) The Administrator has the power to do all things necessary or convenient to be done for or in connection with or incidental to the performance of the Administrator's functions.\n\nS. 268 inserted by No. 61/2011 s. 27.\n\n","sortOrder":300},{"sectionNumber":"268","sectionType":"section","heading":"Staff","content":"\t268 Staff\n\n(1) The Administrator may engage any officers and employees that are necessary for the performance of the Administrator's functions.\n\n(2) The Administrator may determine the terms and conditions of appointment of officers and employees under this section.\n\nS. 269 inserted by No. 61/2011 s. 27.\n\n","sortOrder":301},{"sectionNumber":"269","sectionType":"section","heading":"Delegation","content":"\t269 Delegation\n\nThe Administrator by instrument may delegate to any person approved by the Minister any function or power of the Administrator, other than this power of delegation.\n\nS. 270 inserted by No. 61/2011 s. 27.\n\n","sortOrder":302},{"sectionNumber":"270","sectionType":"section","heading":"Directions","content":"\t270 Directions\n\n(1) The Minister may by notice in writing give directions to the Administrator.\n\n(2) The Administrator must comply with a direction given under this section.\n\n(3) An act or decision of the Administrator is not invalid merely because of a failure to comply with a direction given under this section.\n\n(4) The Administrator must keep a copy of each direction given under this section available for inspection at the office of the Administrator during business hours, other than any direction, or part of a direction, that the Minister has declared to be confidential.\n\n(5) The Administrator must include in the annual report of the Public Transport Ticketing Body under Part 7 of the **Financial Management Act 1994** a brief summary, in a form approved by the Minister, of each direction given under this section together with a statement of the Administrator's response to the direction.\n\nS. 271 inserted by No. 61/2011 s. 27.\n\n","sortOrder":303},{"sectionNumber":"271","sectionType":"section","heading":"Effect of appointment of Administrator","content":"\t271 Effect of appointment of Administrator\n\n(1) On and from the appointment of the Administrator under section 265—\n\n(a) the Board of Directors of the Public Transport Ticketing Body go out of office;\n\n(b) the Chief Executive Officer of the Public Transport Ticketing Body goes out of office;\n\n(c) any reference to the Board of Directors or the Chief Executive Officer of the Public Transport Ticketing Body in any Act (other than in this section), regulation, subordinate instrument or other document whatsoever so far as it relates to any period after that appointment is to be construed as a reference to the Administrator unless the contrary intention appears.\n\n(2) On and from the appointment of the Administrator under section 265, the State Owned Enterprises (State Body—Public Transport Ticketing Body) Order 2003 is to be construed subject to this Division.\n\n(3) This section is to be construed subject to any specific provision made in respect of the application of this section in regulations made under section 203B.\n\nPt 10 Div. 4 (Heading and s. 272) inserted by No. 61/2011 s. 28.\n\nDivision 4—Dissolution of the Public Transport Ticketing Body\n\ns. 272 inserted by No. 61/2011 s. 28.\n\n","sortOrder":304},{"sectionNumber":"272","sectionType":"section","heading":"Dissolution of the Public Transport Ticketing Body","content":"\t272 Dissolution of the Public Transport Ticketing Body\n\n(1) The Public Transport Ticketing Body is wound up and dissolved.\n\n(2) The State Owned Enterprises (State Body—Public Transport Ticketing Body) Order 2003 is revoked by virtue of this section.\n\n(3) Subject to subsection (4), on and after the commencement of section 28 of the **Transport Legislation Amendment (Public Transport Development Authority) Act 2011** any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Public Transport Ticketing Body is to be construed as a reference to the Public Transport Development Authority unless the contrary intention appears.\n\n(4) Subsection (3) is to be construed subject to any specific provision made in respect of the application of subsection (3) in an allocation statement under Part 10 or regulations made under section 203B.\n\nPt 11 (Headings and ss 273–293) inserted by No. 3/2017 s. 51.\n\n","sortOrder":305},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transfer to V/Line Corporation","content":"Part 11—Transfer to V/Line Corporation\n\nS. 273 inserted by No. 3/2017 s. 51.\n\n","sortOrder":306},{"sectionNumber":"273","sectionType":"section","heading":"Purpose of Part","content":"\t273 Purpose of Part\n\nThe purpose of this Part is to facilitate the transfer of the passenger and freight business of V/Line Pty Ltd and its assets, rights, liabilities, obligations and employees and employees' entitlements to V/Line Corporation.\n\nS. 274 inserted by No. 3/2017 s. 51.\n\n","sortOrder":307},{"sectionNumber":"274","sectionType":"section","heading":"Definitions","content":"\t274 Definitions\n\n(1) In this Part—\n\n***agreement*** means an agreement between V/Line Pty Ltd and V/Line Corporation which includes a provision that is expressed to be a transfer provision for the purposes of this Part;\n\n***allocation statement*** means an allocation statement given under section 275 and includes a statement that has been amended under the relevant section;\n\n***former V/Line Pty Ltd instrument*** means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the relevant date—\n\n(a) to which V/Line Pty Ltd was a party; or\n\n(b) that was given to, or in favour of, V/Line Pty Ltd; or\n\n(c) that refers to V/Line Pty Ltd; or\n\n(i) money is, or may become, payable to V/Line Pty Ltd; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by V/Line Pty Ltd;\n\n***former V/Line Pty Ltd property*** means property, rights or liabilities of V/Line Pty Ltd that, under this Part, have vested in, or become liabilities of, V/Line Corporation;\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 date***, in relation to an allocation statement or property, rights or liabilities allocated under such a statement, means—\n\n(a) the date fixed by the Minister under subsection (2) for the purposes of that statement; or\n\n(b) if V/Line Pty Ltd has resolved to voluntarily wind up when an agreement is signed, the date stated to be the relevant date in that agreement;\n\n***V/Line Pty Ltd*** means V/Line Pty Ltd  \n(ACN 087 425 269).\n\n(2) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement given under an agreement entered into before V/Line Pty Ltd has resolved to voluntarily wind up.\n\nDivision 2—Transfer of property, rights and liabilities and staff\n\nS. 275 inserted by No. 3/2017 s. 51.\n\n","sortOrder":308},{"sectionNumber":"275","sectionType":"section","heading":"Transfer of V/Line Pty Ltd property, rights and liabilities","content":"\t275 Transfer of V/Line Pty Ltd property, rights and liabilities\n\n(1) This section applies if, with the consent of the Minister, V/Line Pty Ltd enters into an agreement with V/Line Corporation for the purposes of this Part.\n\n(2) If more than one agreement is entered under subsection (1), this section applies in respect of each of those agreements.\n\n(3) V/Line Pty Ltd may enter into an agreement under subsection (1) before or after it has resolved to voluntarily wind up.\n\n(4) If this section applies, the Chair of the Board of V/Line Corporation may in accordance with the agreement give the Minister a statement relating to the transfer of property, rights and liabilities specified in the agreement to V/Line Corporation.\n\n(a) must allocate the property, rights and liabilities of V/Line Pty Ltd shown in the statement in accordance with the agreement; and\n\n(b) must be signed by the Chair of the Board of V/Line Corporation.\n\n(6) If a statement under this section is given under an agreement entered into before V/Line Pty Ltd has resolved to voluntarily wind up, the Minister—\n\n(a) may approve the statement; and\n\n(b) if the Minister approves the statement, must sign the statement.\n\n(7) If a statement under this section is given under an agreement entered into after V/Line Pty Ltd has resolved to voluntarily wind up, the Minister must—\n\n(a) approve the statement; and\n\n(b) sign the statement.\n\n(8) A statement signed by the Minister is an allocation statement for the purposes of this  \nPart.\n\n(9) Subject to subsection (10), an allocation statement under this section may be amended by writing signed by the Minister.\n\n(10) An amendment under subsection (9) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if—\n\n(a) the Minister is satisfied that the amendment is in accordance with the agreement between V/Line Pty Ltd and V/Line Corporation and does not adversely affect any property, rights or liabilities of a person other than V/Line Pty Ltd or V/Line Corporation; and\n\n(b) the Minister has obtained the consent of the liquidator of V/Line Pty Ltd to the proposed amendment if the statement was given under an agreement entered into after V/Line Pty Ltd has resolved to voluntarily wind up.\n\nS. 276 inserted by No. 3/2017 s. 51.\n\n","sortOrder":309},{"sectionNumber":"276","sectionType":"section","heading":"Property, rights and liabilities allocated in accordance with statement","content":"\t276 Property, rights and liabilities allocated in accordance with statement\n\n(a) all property and rights of V/Line Pty Ltd, wherever located, that are allocated under an allocation statement, vest in V/Line Corporation in accordance with the statement;\n\n(b) all liabilities of V/Line Pty Ltd, wherever located, that are allocated under an allocation statement, become liabilities of V/Line Corporation in accordance with the statement.\n\nS. 277 inserted by No. 3/2017 s. 51.\n\n","sortOrder":310},{"sectionNumber":"277","sectionType":"section","heading":"Allocation of property and rights subject to encumbrances","content":"\t277 Allocation of property and rights subject to encumbrances\n\nUnless an allocation statement otherwise provides, where, under this Part, property and rights vest in, or liabilities become liabilities of, V/Line Corporation in accordance with an allocation statement—\n\n(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(b) the rights to which V/Line Pty Ltd was entitled in respect of those liabilities immediately before they ceased to be liabilities of the V/Line Pty Ltd vest in V/Line Corporation.\n\nS. 278 inserted by No. 3/2017 s. 51.\n\n","sortOrder":311},{"sectionNumber":"278","sectionType":"section","heading":"Certificate of Secretary","content":"\t278 Certificate of Secretary\n\n(1) A certificate signed by the Secretary certifying that property, rights or liabilities of V/Line Pty Ltd specified in the certificate have been allocated is, unless revoked under subsection (2), admissible as evidence and, in the absence of evidence to the contrary is proof—\n\n(a) that the property, rights or liabilities so specified are the property, rights and liabilities to which the allocation statement applies; and\n\n(2) If the Minister so directs the Secretary in writing, the Secretary must revoke a certificate issued under subsection (1) by issuing another certificate in place of the first certificate.\n\n(3) The Secretary must give a copy of any certificate issued under this section to the chief executive officer of V/Line Corporation.\n\nS. 279 inserted by No. 3/2017 s. 51.\n\n","sortOrder":312},{"sectionNumber":"279","sectionType":"section","heading":"Register of certificates","content":"\t279 Register of certificates\n\nThe chief executive officer of V/Line Corporation must—\n\n(a) keep a register of certificates given by the Secretary to the chief executive officer of V/Line Corporation under section 278; and\n\n(b) make the register reasonably available for inspection by V/Line Corporation or other interested person.\n\nS. 280 inserted by No. 3/2017 s. 51.\n\n","sortOrder":313},{"sectionNumber":"280","sectionType":"section","heading":"Value of allocated property, rights or liabilities","content":"\t280 Value of allocated property, rights or liabilities\n\nIf an allocation statement gives the value of property, rights or liabilities of V/Line Pty Ltd that are allocated to V/Line Corporation, the value to V/Line Corporation of the property, rights or liabilities is the value so given.\n\nS. 281 inserted by No. 3/2017 s. 51.\n\n","sortOrder":314},{"sectionNumber":"281","sectionType":"section","heading":"Substitution of party to agreement","content":"\t281 Substitution of party to agreement\n\nWhere, under an allocation statement, the rights and liabilities of V/Line Pty Ltd under an agreement are allocated to V/Line Corporation—\n\n(a) V/Line Corporation becomes, on the relevant date, a party to the agreement in place of V/Line Pty Ltd; and\n\n(b) on and after the relevant date, the agreement has effect as if V/Line Corporation had always been a party to the agreement.\n\nS. 282 inserted by No. 3/2017 s. 51.\n\n","sortOrder":315},{"sectionNumber":"282","sectionType":"section","heading":"Former V/Line Pty Ltd instruments","content":"\t282 Former V/Line Pty Ltd instruments\n\nUnless an allocation statement otherwise provides, each former V/Line Pty Ltd instrument relating to former V/Line Pty Ltd 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 V/Line Pty Ltd were a reference to V/Line Corporation.\n\nS. 283 inserted by No. 3/2017 s. 51.\n\n","sortOrder":316},{"sectionNumber":"283","sectionType":"section","heading":"Proceedings","content":"\t283 Proceedings\n\n(1) Subject to subsection (2), unless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former V/Line Pty Ltd property (including arbitration proceedings) to which V/Line Pty Ltd was a party were pending or existing in any court or tribunal, then, on and after that date, V/Line Corporation is substituted for V/Line Pty Ltd as a party to the proceedings and has the same rights in the proceedings as V/Line Pty Ltd had.\n\n(2) Subsection (1) does not apply to any proceedings pending or existing in any court or tribunal immediately before the relevant date if the allocation statement was given under an agreement entered into after V/Line Pty Ltd has resolved to voluntarily wind up unless the agreement specifically provides that subsection (1) is to apply to those proceedings.\n\nS. 284 inserted by No. 3/2017 s. 51.\n\n","sortOrder":317},{"sectionNumber":"284","sectionType":"section","heading":"Interests in land","content":"\t284 Interests in land\n\nWithout limiting this Part and despite anything to the contrary in any other Act or law if, immediately before the relevant date, V/Line Pty Ltd is, in relation to former V/Line Pty Ltd 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) V/Line Corporation is to be taken to be the registered proprietor of that interest in land; and\n\n(b) V/Line Corporation has the same rights and remedies in respect of that interest as V/Line Pty Ltd had.\n\nS. 285 inserted by No. 3/2017 s. 51.\n\n","sortOrder":318},{"sectionNumber":"285","sectionType":"section","heading":"Easements","content":"\t285 Easements\n\nIf V/Line Corporation acquires any right in the nature of an easement (whether as a result of an allocation under this Part or otherwise), that right must be taken to be an easement even though there is no land vested in V/Line Corporation which is benefited or capable of being benefited by that right.\n\nS. 286 inserted by No. 3/2017 s. 51.\n\n","sortOrder":319},{"sectionNumber":"286","sectionType":"section","heading":"Amendment of Register","content":"\t286 Amendment of Register\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer of V/Line Corporation, must make any amendments in the Register that are necessary because of the operation of this Part.\n\n(2) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment of the Register in relation to property that is an easement registered under the **Transfer of Land Act 1958**.\n\nS. 287 inserted by No. 3/2017 s. 51.\n\n","sortOrder":320},{"sectionNumber":"287","sectionType":"section","heading":"Taxes","content":"\t287 Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, 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 V/Line Pty Ltd.\n\nS. 288 inserted by No. 3/2017 s. 51.\n\n","sortOrder":321},{"sectionNumber":"288","sectionType":"section","heading":"Evidence","content":"\t288 Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of V/Line Pty Ltd in relation to former V/Line Pty Ltd property if this Part had not been enacted is admissible for or against the interests of V/Line Corporation.\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of the V/Line Pty Ltd and to entries made in those books of account before the relevant date, whether or not they relate to former V/Line Pty Ltd property, as if those books of account and entries were business records of V/Line Corporation.\n\nS. 289 inserted by No. 3/2017 s. 51.\n\n","sortOrder":322},{"sectionNumber":"289","sectionType":"section","heading":"Transfer of employees of V/Line Pty Ltd to V/Line Corporation","content":"\t289 Transfer of employees of V/Line Pty Ltd to V/Line Corporation\n\n(1) This section applies to an employee of V/Line Pty Ltd who is not employed under Part 3 of the **Public Administration Act 2004**.\n\n(2) If as a result of an allocation statement it is necessary to transfer any employees from V/Line Pty Ltd to V/Line Corporation, the persons who were employed by V/Line Pty Ltd before the relevant date and are listed in the allocation statement are transferred to V/Line Corporation under this section.\n\n(3) An employee who is transferred under this section is to be regarded as—\n\n(a) being employed by V/Line Corporation with effect from the relevant date;\n\n(b) having been so employed on the same terms and conditions as those that applied to the person immediately before the relevant date;\n\n(c) having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued immediately before the relevant date.\n\n(4) The service of an employee transferred under this section is to be regarded for all purposes as having been continuous with the service of the employee immediately before the relevant date.\n\n(5) An employee transferred under this section is not entitled to receive any payment or other benefit by reason only of having ceased to be employed by V/Line Pty Ltd because of the operation of this Part.\n\n(6) A certificate purporting to be signed by the chief executive officer of V/Line Corporation certifying that a person named in the certificate was, with effect from the relevant date, employed by virtue of this section by V/Line Corporation, is admissible in evidence in any proceedings as evidence of the matters stated in it.\n\n(7) The superannuation entitlements of any person who is transferred under this section are to be taken not to be affected by that person being transferred.\n\n(a) any of the terms and conditions of employment of a person transferred under this section from being altered by or under any law, award or agreement with effect from any time after the relevant date; or\n\n(b) a person transferred under this section from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of their employment with V/Line Corporation.\n\nS. 290 inserted by No. 3/2017 s. 51.\n\n","sortOrder":323},{"sectionNumber":"290","sectionType":"section","heading":"Validity of things done under this Part","content":"\t290 Validity of things done under this Part\n\n(1) Nothing effected or to be effected by this Part or done or suffered under this Part—\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 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 asset, right or liability; or\n\nDivision 3—General\n\nS. 291 inserted by No. 3/2017 s. 51.\n\n","sortOrder":324},{"sectionNumber":"291","sectionType":"section","heading":"Emergency Management Act 2013","content":"\t291 Emergency Management Act 2013\n\n(1) On the relevant date—\n\n(a) the declaration made under the **Terrorism (Community Protection) Act 2003** of V/Line Pty Ltd as an operator of an essential service of transport for the purposes of that Act and continued under Part 7A of the **Emergency Management Act 2013** is to be taken to be a declaration of V/Line Corporation as an operator of an essential service of transport for the purposes of Part 7A of the **Emergency Management Act 2013**;\n\n(b) the risk management plan prepared by V/Line Pty Ltd in accordance with Part 6 of the **Terrorism (Community Protection) Act 2003** and continued in force by section 74X of the **Emergency Management Act 2013** is to be taken to be the risk management plan prepared by V/Line Corporation for the purposes of the application of Part 7A of the **Emergency Management Act 2013** to that risk management plan.\n\n(2) As from the relevant date, any act, matter or thing required to be done by V/Line Pty Ltd under Part 7A of the **Emergency Management Act 2013**, is to done by V/Line Corporation.\n\nS. 292 inserted by No. 3/2017 s. 51.\n\n","sortOrder":325},{"sectionNumber":"292","sectionType":"section","heading":"Rail Safety National Law Application Act 2013","content":"\t292 Rail Safety National Law Application Act 2013\n\nIf—\n\n(a) V/Line Corporation is accredited under the Rail Safety National Law (Victoria) as a rail transport operator; and\n\n(b) the responsibility for railway operations or associated infrastructure is transferred to, or becomes the responsibility of, V/Line Corporation whether as the result of an allocation statement or otherwise—\n\nV/Line Corporation is, as from the date specified in a certificate issued by the Secretary under this section, to be taken to be a rail transport operator in substitution for V/Line Pty Ltd under any interface agreement to which V/Line Pty Ltd was a party immediately before that date.\n\nS. 293 inserted by No. 3/2017 s. 51.\n\n","sortOrder":326},{"sectionNumber":"293","sectionType":"section","heading":"Rail Management Act 1996","content":"\t293 Rail Management Act 1996\n\n(1) As from the relevant date—\n\n(a) for the purposes of any access arrangement in respect of which V/Line Pty Ltd is an access provider, V/Line Corporation is to be taken to be the access provider in substitution for V/Line Pty Ltd;\n\n(b) the ***Regional Infrastructure Lease*** within the meaning of section 38J(5) of the **Rail Management Act 1996** has effect as if V/Line Corporation were substituted for V/Line Pty Ltd as a party to that agreement.\n\n(2) For the purposes of this section, ***access arrangement*** and ***access provider*** have the same respective meanings as they have under section 38A of the **Rail Management Act 1996**.\n\nPt 12 (Headings and ss 294–326) inserted by No. 49/2019 s. 64.\n\n","sortOrder":327},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transport Legislation Amendment Act 2019","content":"Part 12—Transport Legislation Amendment Act 2019\n\nS. 294 inserted by No. 49/2019 s. 64.\n\n","sortOrder":328},{"sectionNumber":"294","sectionType":"section","heading":"Definitions","content":"\t294 Definitions\n\n***amending Act*** means the **Transport Legislation Amendment Act 2019**;\n\n***first commencement day*** means the day on which section 3 of the amending Act comes into operation;\n\n***former Head, Transport for Victoria*** means the person appointed under section 64A as in force immediately before the first commencement day;\n\n***former Public Transport Development Authority property*** means property, rights or liabilities of the Public Transport Development Authority that, under Division 4, have become property, rights or liabilities of the Head, Transport for Victoria;\n\n***money standing to the credit of the old public transport fund*** includes money that is income from the investment of money standing to the credit of the old public transport fund and that is the proceeds of sale of any investment;\n\n***money standing to the credit of the old roads fund*** includes money that is income from the investment of money standing to the credit of the old roads fund and that is the proceeds of sale of any investment;\n\n***old public transport fund*** means the general fund established under section 79VE as in force immediately before the first commencement day;\n\n***old roads fund*** means the general fund continued under section 107 as in force immediately before the first commencement day;\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\nS. 294 def. of *rights* amended by No. 49/2019 s. 65(1)(a).\n\nS. 294 def. of *second commence-ment day* inserted by No. 49/2019 s. 65(1)(b).\n\n***second commencement day*** means the day on which section 61 of the amending Act comes into operation.\n\nS. 295 inserted by No. 49/2019 s. 64.\n\n","sortOrder":329},{"sectionNumber":"295","sectionType":"section","heading":"Application of Interpretation of Legislation Act 1984","content":"\t295 Application of Interpretation of Legislation Act 1984\n\nExcept where the contrary intention appears, this Part, and any regulations made under this Part, do not affect or take away from the **Interpretation of Legislation Act 1984**.\n\nDivision 2—Head, Transport for Victoria\n\nS. 296 inserted by No. 49/2019 s. 64.\n\n","sortOrder":330},{"sectionNumber":"296","sectionType":"section","heading":"Head, Transport for Victoria—transfer of property, rights and liabilities","content":"\t296 Head, Transport for Victoria—transfer of property, rights and liabilities\n\nOn the first commencement day, all property, rights and liabilities of the former Head, Transport for Victoria on behalf of the Crown immediately before the first commencement day become property, rights and liabilities of the Head, Transport for Victoria.\n\nS. 297 inserted by No. 49/2019 s. 64.\n\n","sortOrder":331},{"sectionNumber":"297","sectionType":"section","heading":"Things done by former Head, Transport for Victoria","content":"\t297 Things done by former Head, Transport for Victoria\n\nAnything done by the former Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, under this Act or any other Act before the first commencement day is taken, on that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, under the relevant Act.\n\nS. 298 inserted by No. 49/2019 s. 64.\n\n","sortOrder":332},{"sectionNumber":"298","sectionType":"section","heading":"Things commenced but not completed by former Head, Transport for Victoria","content":"\t298 Things commenced but not completed by former Head, Transport for Victoria\n\n(1) This section applies if, before the first commencement day, the former Head, Transport for Victoria in the performance of a function or duty, or exercise of a power, under this Act or any other Act has commenced a matter or thing and has not completed that matter or thing before that day.\n\n(2) On and after the first commencement day, the Head, Transport for Victoria must continue and complete that matter or thing and, for the purposes of this section, anything done by the former Head, Transport for Victoria before that day is taken to have been done by the Head, Transport for Victoria.\n\nDivision 3—Transport Infrastructure Development Agent\n\nS. 299 inserted by No. 49/2019 s. 64.\n\n","sortOrder":333},{"sectionNumber":"299","sectionType":"section","heading":"Transport Infrastructure Development Agent abolished","content":"\t299 Transport Infrastructure Development Agent abolished\n\n(a) the Transport Infrastructure Development Agent is abolished and the person appointed to be the member constituting the Transport Infrastructure Development Agent under section 48 goes out of office; and\n\n(b) all property, rights and liabilities of the Transport Infrastructure Development Agent immediately before its abolition become property, rights and liabilities of the Crown.\n\nDivision 4—Public Transport Development Authority\n\nS. 300 inserted by No. 49/2019 s. 64.\n\n","sortOrder":334},{"sectionNumber":"300","sectionType":"section","heading":"Public Transport Development Authority abolished","content":"\t300 Public Transport Development Authority abolished\n\n(a) the Public Transport Development Authority is abolished and the person appointed to the office of Chief Executive of the Public Transport Development Authority under section 79BA goes out of office; and\n\n(b) subject to this Part—\n\n(i) the Head, Transport for Victoria becomes the successor in law of the Public Transport Development Authority; and\n\n(ii) all property of the Public Transport Development Authority immediately before its abolition becomes the property of the Head, Transport for Victoria; and\n\n(iii) all rights and liabilities of the Public Transport Development Authority immediately before its abolition become rights and liabilities of the Head, Transport for Victoria; and\n\n(iv) the Head, Transport for Victoria is substituted for the Public Transport Development Authority as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the Public Transport Development Authority; and\n\n(v) the Head, Transport for Victoria must continue and complete any other continuing matter or thing commenced by or against or in relation to the Public Transport Development Authority.\n\nS. 301 inserted by No. 49/2019 s. 64.\n\n","sortOrder":335},{"sectionNumber":"301","sectionType":"section","heading":"Things done by Public Transport Development Authority","content":"\t301 Things done by Public Transport Development Authority\n\nAnything done by the Public Transport Development Authority in the performance of a function or duty, or exercise of a power, under this Act or any other Act before the first commencement day is taken, on that day, to have been done by the Head, Transport for Victoria in the performance of a function or duty or exercise of a power under the relevant Act.\n\nS. 302 inserted by No. 49/2019 s. 64.\n\n","sortOrder":336},{"sectionNumber":"302","sectionType":"section","heading":"Decisions and things done under or for the purposes of the Tourist and Heritage Railways Act 2010","content":"\t302 Decisions and things done under or for the purposes of the Tourist and Heritage Railways Act 2010\n\nOn the first commencement day, any decision made under, or thing done, or any instrument made or any other document (by whatever name) prepared or made, under or for the purposes of, the **Tourist and Heritage Railways Act 2010**, by the Public Transport Development Authority is taken to be a decision made, thing done, instrument made or document prepared or made, by Victorian Rail Track under that Act.\n\nS. 303 inserted by No. 49/2019 s. 64.\n\n","sortOrder":337},{"sectionNumber":"303","sectionType":"section","heading":"Superseded references","content":"\t303 Superseded references\n\nA reference to the Public Transport Development Authority in any Act (other than this Act) or in any instrument (including a subordinate instrument) made under or for the purposes of any Act, or any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to the Head, Transport for Victoria—\n\nS. 304 inserted by No. 49/2019 s. 64.\n\n","sortOrder":338},{"sectionNumber":"304","sectionType":"section","heading":"Transfer subject to encumbrances","content":"\t304 Transfer subject to encumbrances\n\nIf, under this Division, property, rights and liabilities of the Public Transport Development Authority become property, rights or liabilities of the Head, Transport for Victoria—\n\n(a) the property and rights become property and rights of the Head, Transport for Victoria subject to the encumbrances (if any) to which they were subject immediately before the operation of this Division; and\n\n(b) the rights to which the Public Transport Development Authority was entitled in respect of those liabilities immediately before they ceased to be its liabilities become liabilities of the Head, Transport for Victoria.\n\nS. 305 inserted by No. 49/2019 s. 64.\n\n","sortOrder":339},{"sectionNumber":"305","sectionType":"section","heading":"Interests in land","content":"\t305 Interests in land\n\nWithout affecting the generality of this Division 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 first commencement day, the Public Transport Development Authority is, in relation to property, rights or liabilities that become, under this Division, the property, rights or liabilities of the Head, Transport for Victoria, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after that day—\n\n(a) the Head, Transport for Victoria is taken to be the registered proprietor of that interest in land; and\n\n(b) the Head, Transport for Victoria has the same rights and remedies in respect of that interest as the Public Transport Development Authority had.\n\nS. 306 inserted by No. 49/2019 s. 64.\n\n","sortOrder":340},{"sectionNumber":"306","sectionType":"section","heading":"Easements","content":"\t306 Easements\n\nIf the Head, Transport for Victoria acquires any right in the nature of an easement (whether as a result of the operation of this Division or otherwise), that right must be taken to be an easement even though there is no land vested in the Head, Transport for Victoria which is benefited or capable of being benefited by that right.\n\nS. 307 inserted by No. 49/2019 s. 64.\n\n","sortOrder":341},{"sectionNumber":"307","sectionType":"section","heading":"Action by Registrar of Titles","content":"\t307 Action by Registrar of Titles\n\nOn being requested to do so and on delivery of any relevant instrument, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Division.\n\nS. 308 inserted by No. 49/2019 s. 64.\n\n","sortOrder":342},{"sectionNumber":"308","sectionType":"section","heading":"Continuation of old public transport fund","content":"\t308 Continuation of old public transport fund\n\n(1) On and after the first commencement day, the old public transport fund continues despite the repeal of section 79VE.\n\n(2) While the old public transport fund is continued under this section, section 79VE continues in force as if it had not been repealed and as if a reference in that section to the Public Transport Development Authority were a reference to the Head, Transport for Victoria.\n\n(3) Nothing in this section affects the abolition of the old public transport fund in accordance with section 310.\n\nS. 309 inserted by No. 49/2019 s. 64.\n\n","sortOrder":343},{"sectionNumber":"309","sectionType":"section","heading":"Specification of money to be transferred","content":"\t309 Specification of money to be transferred\n\n(1) While the old public transport fund is continued under section 308, 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 public transport fund that is to be transferred to the Public Transport 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 public transport fund.\n\nS. 310 inserted by No. 49/2019 s. 64.\n\n","sortOrder":344},{"sectionNumber":"310","sectionType":"section","heading":"Transfer of money and abolition of old public transport fund","content":"\t310 Transfer of money and abolition of old public transport fund\n\n(1) On the specified day—\n\n(a) the amount of money specified under an Order under section 309(1) is paid out of the old public transport fund and forms part of the Public Transport Fund; and\n\n(b) all other money standing to the credit of the old public transport fund forms part of the Consolidated Fund; and\n\n(c) the old public transport fund is abolished.\n\n***specified day*** means the day specified in an Order under section 309(1).\n\nS. 311 inserted by No. 49/2019 s. 64.\n\n","sortOrder":345},{"sectionNumber":"311","sectionType":"section","heading":"References to old public transport fund","content":"\t311 References to old public transport fund\n\nA reference to the old public transport fund in any Act (other than this Act), subordinate instrument, agreement, lease, licence or other document (by whatever name) is taken to be a reference to the Public Transport Fund, unless the contrary intention appears.\n\nS. 312 inserted by No. 49/2019 s. 64.\n\n","sortOrder":346},{"sectionNumber":"312","sectionType":"section","heading":"Evidence","content":"\t312 Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of the Public Transport Development Authority in relation to former Public Transport Development Authority property, if this Division had not been enacted, is admissible for or against the interests of the Head, Transport for Victoria, if that property becomes property, rights or liabilities of the Head, Transport for Victoria.\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of the Public Transport Development Authority and to entries made in those books of account before the first commencement day, whether or not they relate to former Public Transport Development Authority property, as if those books of account and entries were business records of the Head, Transport for Victoria.\n\nDivision 5—Linking Melbourne Authority\n\nS. 313 inserted by No. 49/2019 s. 64.\n\n","sortOrder":347},{"sectionNumber":"313","sectionType":"section","heading":"Linking Melbourne Authority abolished","content":"\t313 Linking Melbourne Authority abolished\n\n(a) the Linking Melbourne Authority is abolished; and\n\n(b) all property, rights and liabilities of the Linking Melbourne Authority immediately before its abolition become property, rights and liabilities of the Crown.\n\n","sortOrder":348},{"sectionNumber":"Div 6","sectionType":"division","heading":"Initial transitional arrangements for the Roads Corporation","content":"Division 6—Initial transitional arrangements for the Roads Corporation\n\nS. 314 inserted by No. 49/2019 s. 64.\n\n","sortOrder":349},{"sectionNumber":"314","sectionType":"section","heading":"Definition","content":"\t314 Definition\n\n***specified Act*** means—\n\n(a) the **Accident Towing Services Act 2007**; or\n\n(b) the **Heavy Vehicle National Law Application Act 2013**; or\n\n(c) the **Road Management Act 2004**; or\n\n(d) the **Road Safety Act 1986**; or\n\n(e) the **Transport (Compliance and Miscellaneous) Act 1983**.\n\nS. 315 inserted by No. 49/2019 s. 64.\n\n","sortOrder":350},{"sectionNumber":"315","sectionType":"section","heading":"Things done by Roads Corporation or its chief executive before first commencement day","content":"\t315 Things done by Roads Corporation or its chief executive before first commencement day\n\nAnything done by the Roads Corporation or the Chief Executive of the Roads Corporation in the performance of a function or duty, or exercise of a power, under this Act or any other Act (other than a specified Act) before the first commencement day is taken, on that day, to have been done by the Secretary in the performance of a function or duty, or exercise of a power, under the relevant Act.\n\nS. 316 inserted by No. 49/2019 s. 64.\n\n","sortOrder":351},{"sectionNumber":"316","sectionType":"section","heading":"Things commenced but not completed by Roads Corporation or its chief executive","content":"\t316 Things commenced but not completed by Roads Corporation or its chief executive\n\n(1) This section applies if, before the first commencement day, the Roads Corporation or the Chief Executive of the Roads Corporation in the performance of a function or duty, or exercise of a power, under this Act or any other Act (other than a specified Act) has commenced a matter or thing and has not completed that matter or thing before that day.\n\n(2) On and after the first commencement day, the Secretary must continue and complete that matter or thing and, for the purposes of this section, anything done by the Roads Corporation or the Chief Executive of the Roads Corporation before that day is taken to have been done by the Secretary.\n\nS. 317 inserted by No. 49/2019 s. 64.\n\n","sortOrder":352},{"sectionNumber":"317","sectionType":"section","heading":"Superseded references to Roads Corporation or its chief executive","content":"\t317 Superseded references to Roads Corporation or its chief executive\n\n(1) Subject to sections 318 and 319, a reference to the Roads Corporation in any Act (other than this Act or a specified Act) or in any instrument made under or for the purposes of any Act (other than a regulation made under this Act or a specified Act), or any other document (by whatever name) prepared or made under or for the purposes of any Act (other than this Act or a specified Act), must be construed as a reference to the Secretary—\n\n(2) A reference to the Chief Executive of the Roads Corporation in any Act (other than this Act or a specified Act) or in any instrument made under or for the purposes of any Act (other than a regulation made under this Act or a specified Act), or any other document (by whatever name) prepared or made under or for the purposes of any Act (other than this Act or a specified Act), must be construed as a reference to the Secretary—\n\nS. 318 inserted by No. 49/2019 s. 64.\n\n","sortOrder":353},{"sectionNumber":"318","sectionType":"section","heading":"Corporation specified as a referral authority under a planning scheme","content":"\t318 Corporation specified as a referral authority under a planning scheme\n\n(1) This section applies if, immediately before the first commencement day, a planning scheme within the meaning of the **Planning and Environment Act 1987**—\n\n(a) specifies the Roads Corporation (whether as the Roads Corporation or as VicRoads) as a referral authority within the meaning of that Act; or\n\n(b) refers to or specifies the Roads Corporation (whether as the Roads Corporation or as VicRoads) in some other way.\n\n(2) On the first commencement day—\n\n(a) the specification of the Roads Corporation as a referral authority is taken to be a specification of the Head, Transport for Victoria as a referral authority; and\n\n(b) every reference to, or specification of, the Roads Corporation (whether as the Roads Corporation or as VicRoads) must be construed as a reference to, or specification of, the Head, Transport for Victoria—\n\n(i) so far as the reference, or specification, relates to any period on or after the first commencement day; and\n\n(ii) if not inconsistent with the subject matter.\n\nS. 319 inserted by No. 49/2019 s. 64.\n\n","sortOrder":354},{"sectionNumber":"319","sectionType":"section","heading":"Roads Corporation as a responsible entity under Part 7A of the Emergency Management Act 2013","content":"\t319 Roads Corporation as a responsible entity under Part 7A of the Emergency Management Act 2013\n\n(1) This section applies if there is in effect, immediately before the first commencement day, an Order in Council under section 74H of the **Emergency Management Act 2013** designating the Roads Corporation as a responsible entity in respect of vital critical infrastructure specified in the Order.\n\n(2) On the first commencement day, the Order in Council is taken to designate the Head, Transport for Victoria as the responsible entity within the meaning of Part 7A of that Act in respect of the vital critical infrastructure specified in that Order.\n\n(3) In this section—\n\n***responsible entity*** and ***vital critical infrastructure*** have the same meaning as in section 74B of the **Emergency Management Act 2013**.\n\nS. 320 inserted by No. 49/2019 s. 64.\n\n","sortOrder":355},{"sectionNumber":"320","sectionType":"section","heading":"Continuation of old roads fund","content":"\t320 Continuation of old roads fund\n\n(1) On and after the first commencement day, the old roads fund continues despite the repeal of section 107.\n\n(2) While the old roads fund is continued under this section, section 107 continues in force as if it had not been repealed and as if a reference in that section to the Roads Corporation were a reference to the Secretary.\n\n(3) Nothing in this section affects the abolition of the old roads fund in accordance with section 322.\n\nS. 321 inserted by No. 49/2019 s. 64.\n\n","sortOrder":356},{"sectionNumber":"321","sectionType":"section","heading":"Specification of money to be transferred","content":"\t321 Specification of money to be transferred\n\n(1) While the old roads fund is continued under section 320, 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 roads fund that is to be transferred to the Roads 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 roads fund.\n\nS. 322 inserted by No. 49/2019 s. 64.\n\n","sortOrder":357},{"sectionNumber":"322","sectionType":"section","heading":"Transfer of money and abolition of old roads fund","content":"\t322 Transfer of money and abolition of old roads fund\n\n(1) On the specified day—\n\n(a) the amount of money specified under an Order under section 321(1) is paid out of the old roads fund and forms part of the Roads Fund; and\n\n(b) all other money standing to the credit of the old roads fund forms part of the Consolidated Fund; and\n\n(c) the old roads fund is abolished.\n\n***specified day*** means the day specified in an Order under section 321(1).\n\nS. 323 inserted by No. 49/2019 s. 64.\n\n","sortOrder":358},{"sectionNumber":"323","sectionType":"section","heading":"References to old roads fund","content":"\t323 References to old roads fund\n\nA reference to the old roads fund in any Act (other than this Act), subordinate instrument, agreement, lease, licence or other document (by whatever name) is taken to be a reference to the Roads Fund, unless the contrary intention appears.\n\nPt 12 Div. 6A (Heading and s. 323A) inserted by No. 49/2019 s. 65(2).\n\n","sortOrder":359},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Abolition of Roads Corporation","content":"Division 6A—Abolition of Roads Corporation\n\nS. 323A inserted by No. 49/2019 s. 65(2).\n\n","sortOrder":360},{"sectionNumber":"323A","sectionType":"section","heading":"Roads Corporation abolished","content":"\t323A Roads Corporation abolished\n\nOn second commencement day—\n\n(a) the Roads Corporation is abolished and the person appointed to the office of Chief Executive of the Roads Corporation under section 84 goes out of office; and\n\n(b) all property, rights and liabilities of the Roads Corporation immediately before its abolition become property, rights and liabilities of the Crown.\n\n","sortOrder":361},{"sectionNumber":"Div 7","sectionType":"division","heading":"Miscellaneous","content":"Division 7—Miscellaneous\n\nS. 324 inserted by No. 49/2019 s. 64.\n\n","sortOrder":362},{"sectionNumber":"324","sectionType":"section","heading":"Taxes","content":"\t324 Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything done under Division 2 or 4 or in respect of any act or transaction connected with or necessary to be done by reason of Division 2 or 4, 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 former Head, Transport for Victoria or Public Transport Development Authority, as the case requires.\n\nS. 325 inserted by No. 49/2019 s. 64.\n\n","sortOrder":363},{"sectionNumber":"325","sectionType":"section","heading":"Validity of things done under this Part","content":"\t325 Validity of things done under this Part\n\nNothing effected by, or done or suffered under, this Part—\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 any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a 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 property, right or liability; or\n\n(g) releases any surety or other obligee wholly or in part from any obligation.\n\nS. 326 inserted by No. 49/2019 s. 64, amended by No. 41/2020 s. 52, expired by force of No. 6/2010 s. 326(6) (as amended by No. 41/2020 s. 52).\n\nPt 13 (Heading and ss 327–333) inserted by No. 19/2022 s. 13.\n\n","sortOrder":364},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022","content":"Part 13—Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022\n\nS. 327 inserted by No. 19/2022 s. 13.\n\n","sortOrder":365},{"sectionNumber":"327","sectionType":"section","heading":"Definitions","content":"\t327 Definitions\n\n***amending Act*** means the **Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022**;\n\n***commencement day*** means the day on which Division 1 of Part 2 of the amending Act comes into operation;\n\n***Victorian Ports Corporation (Melbourne)*** means the body corporate continued under section 141B as in force immediately before the commencement day;\n\n***Victorian Regional Channels Authority*** means the body corporate continued under section 141J as in force immediately before the commencement day.\n\nS. 328 inserted by No. 19/2022 s. 13.\n\n","sortOrder":366},{"sectionNumber":"328","sectionType":"section","heading":"Victorian Ports Corporation (Melbourne) abolished","content":"\t328 Victorian Ports Corporation (Melbourne) abolished\n\n(1) On the commencement day—\n\n(a) the Victorian Ports Corporation (Melbourne) is abolished; and\n\n(b) the person appointed as Chief Executive of the Victorian Ports Corporation (Melbourne) goes out of office.\n\nUnder the Transport Restructuring Order known as the Transport Restructuring Order (Establishment of Ports Victoria) No. 1/2021 dated 16 June 2021 and published in the Government Gazette on 17 June 2021, the Victorian Ports Corporation (Melbourne) was restructured so that the Corporation consists of one member appointed as Chief Executive of the Corporation.\n\n(2) On and from the commencement day—\n\n(a) any rights, property and assets that immediately before the commencement day were vested in the Victorian Ports Corporation (Melbourne) are taken to be vested in Ports Victoria; and\n\n(b) any debts, liabilities and obligations of the Victorian Ports Corporation (Melbourne) that existed immediately before that time are taken to be the debts, liabilities and obligations of Ports Victoria; and\n\n(c) Ports Victoria is substituted as a party to any proceedings pending in any court to which the Victorian Ports Corporation (Melbourne) was a party immediately before that time; and\n\n(d) Ports Victoria is substituted as a party to any arrangement or contract entered into by or on behalf of the Victorian Ports Corporation (Melbourne); and\n\n(e) any reference to the Victorian Ports Corporation (Melbourne) in any Act, subordinate instrument or other document, so far as it relates to any period after that time and if not inconsistent with the context or subject matter, must be construed as a reference to Ports Victoria.\n\nS. 329 inserted by No. 19/2022 s. 13.\n\n","sortOrder":367},{"sectionNumber":"329","sectionType":"section","heading":"Victorian Regional Channels Authority abolished","content":"\t329 Victorian Regional Channels Authority abolished\n\n(1) On the commencement day—\n\n(a) the Victorian Regional Channels Authority is abolished; and\n\n(b) the person appointed as Chief Executive of the Victorian Regional Channels Authority goes out of office.\n\nUnder the Transport Restructuring Order known as the Transport Restructuring Order (Establishment of Ports Victoria) No. 1/2021 dated 16 June 2021 and published in the Government Gazette on 17 June 2021, the Victorian Regional Channels Authority was restructured so that the Authority consists of one member appointed as Chief Executive of the Authority.\n\n(2) On and from the commencement day—\n\n(a) any rights, property and assets that immediately before the commencement day were vested in the Victorian Regional Channels Authority are taken to be vested in Ports Victoria; and\n\n(b) any debts, liabilities and obligations of the Victorian Regional Channels Authority that existed immediately before that time are taken to be the debts, liabilities and obligations of Ports Victoria; and\n\n(c) Ports Victoria is substituted as a party to any proceedings pending in any court to which the Victorian Regional Channels Authority was a party immediately before that time; and\n\n(d) Ports Victoria is substituted as a party to any arrangement or contract entered into by or on behalf of the Victorian Regional Channels Authority; and\n\n(e) any reference to the Victorian Regional Channels Authority in any Act, subordinate instrument or other document, so far as it relates to any period after that time and if not inconsistent with the context or subject matter, must be construed as a reference to Ports Victoria.\n\nS. 330 inserted by No. 19/2022 s. 13.\n\n","sortOrder":368},{"sectionNumber":"330","sectionType":"section","heading":"References to Victorian Ports Corporation (Melbourne) or Victorian Regional Channels Authority","content":"\t330 References to Victorian Ports Corporation (Melbourne) or Victorian Regional Channels Authority\n\nWithout limiting sections 328 and 329, on and from the commencement day, any reference to the Victorian Ports Corporation (Melbourne) or the Victorian Regional Channels Authority in any instrument of delegation made before that day under section 31, 39 or 64R is taken to be a reference to Ports Victoria.\n\nS. 331 inserted by No. 19/2022 s. 13.\n\n","sortOrder":369},{"sectionNumber":"331","sectionType":"section","heading":"Directions to Victorian Ports Corporation (Melbourne) or Victorian Regional Channels Authority","content":"\t331 Directions to Victorian Ports Corporation (Melbourne) or Victorian Regional Channels Authority\n\n(1) Without limiting sections 328 and 329, on and from the commencement day any direction given to the Victorian Ports Corporation (Melbourne) or the Victorian Regional Channels Authority under section 38A before that day is taken to be a direction given to Ports Victoria.\n\n(2) Without limiting sections 328 and 329, on and from the commencement day any direction given to the Victorian Ports Corporation (Melbourne) or the Victorian Regional Channels Authority under section 163 before that day is taken to be a direction given to Ports Victoria.\n\nS. 332 inserted by No. 19/2022 s. 13.\n\n","sortOrder":370},{"sectionNumber":"332","sectionType":"section","heading":"Requirements to provide information","content":"\t332 Requirements to provide information\n\nWithout limiting sections 328 and 329, on and from the commencement day, any requirement given to the Victorian Ports Corporation (Melbourne) or the Victorian Regional Channels Authority under section 162 before that day is taken to be a requirement given to Ports Victoria.\n\nS. 333 inserted by No. 19/2022 s. 13.\n\n","sortOrder":371},{"sectionNumber":"333","sectionType":"section","heading":"Instruments","content":"\t333 Instruments\n\nWithout limiting sections 328 and 329, on and from the commencement day, any instrument made by the Victorian Ports Corporation (Melbourne) or the Victorian Regional Channels Authority or a sub-delegate of the Victorian Ports Corporation (Melbourne) or the Victorian Regional Channels Authority under section 170 before that day is taken to be made by Ports Victoria.\n\nPt 14 (Heading and ss 334−338) inserted by No. 34/2023 s. 80.\n\n","sortOrder":372},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transport Legislation Amendment Act 2023","content":"Part 14—Transport Legislation Amendment Act 2023\n\nS. 334 inserted by No. 34/2023 s. 80.\n\n","sortOrder":373},{"sectionNumber":"334","sectionType":"section","heading":"Definitions","content":"\t334 Definitions\n\n***commencement day*** means the day on which Division 1 of Part 9 of the **Transport Legislation Amendment Act 2023** comes into operation;\n\n***Commercial Passenger Vehicle Commission*** means the body corporate established under section 115B as in force immediately before the commencement day;\n\n***Director, Transport Safety*** means the person holding the position referred to in section 171(1) immediately before the commencement day;\n\n***TRO No. 1/2022*** means the Transport Restructuring Order known as the Transport Restructuring Order (Establishment of Safe Transport Victoria) No. 1/2022 dated 21 June 2022 and published in the Government Gazette on 24 June 2022.\n\nS. 335 inserted by No. 34/2023 s. 80.\n\n","sortOrder":374},{"sectionNumber":"335","sectionType":"section","heading":"Commercial Passenger Vehicle Commission abolished","content":"\t335 Commercial Passenger Vehicle Commission abolished\n\nOn the commencement day—\n\n(a) the Commercial Passenger Vehicle Commission is abolished; and\n\n(b) the person appointed as chief executive of the Commercial Passenger Vehicle Commission goes out of office.\n\n**Notes**\n\n1 Under TRO No. 1/2022, the Commercial Passenger Vehicle Commission was restructured so that the Commission consists of one member appointed as chief executive of the Commission.\n\n2 For transitional provisions in relation to the Commercial Passenger Vehicle Commission, see TRO No. 1/2022.\n\n3 For the transfer of the property, rights and liabilities of the Commercial Passenger Vehicle Commission to Safe Transport Victoria, see the Transfer Order known as the Transfer Order (Commercial Passenger Vehicle Commission) (Establishment of Safe Transport Victoria) No. 1/2022 dated 21 June 2022 and published in the Government Gazette on 24 June 2022.\n\nS. 336 inserted by No. 34/2023 s. 80.\n\n","sortOrder":375},{"sectionNumber":"336","sectionType":"section","heading":"Office of Director, Transport Safety abolished","content":"\t336 Office of Director, Transport Safety abolished\n\nOn the commencement day—\n\n(a) the office of the Director, Transport Safety is abolished; and\n\n(b) the person appointed as Director, Transport Safety goes out of office.\n\n**Notes**\n\n1 Under TRO No. 1/2022, the provisions in relation to the Director, Transport Safety were modified so that the Minister may appoint a person as the Director, Transport Safety.\n\n2 For transitional provisions in relation to the Director, Transport Safety, see TRO No. 1/2022.\n\n3 For the transfer of the property, rights and liabilities of the Director, Transport Safety to Safe Transport Victoria, see the Transfer Order known as the Transfer Order (Director, Transport Safety) (Establishment of Safe Transport Victoria) No. 2/2022 dated 21 June 2022 and published in the Government Gazette on 24 June 2022.\n\nS. 337 inserted by No. 34/2023 s. 80.\n\n","sortOrder":376},{"sectionNumber":"337","sectionType":"section","heading":"Chief Executive of Safe Transport Victoria","content":"\t337 Chief Executive of Safe Transport Victoria\n\nThe person who, immediately before the commencement day, is the Chief Executive of Safe Transport Victoria under TRO No. 1/2022 continues, subject to this Act, to be the Chief Executive of Safe Transport Victoria on and after that day.\n\nS. 338 inserted by No. 34/2023 s. 80.\n\n","sortOrder":377},{"sectionNumber":"338","sectionType":"section","heading":"Chief executive officer of V/Line Corporation","content":"\t338 Chief executive officer of V/Line Corporation\n\n(1) The person who, immediately before the commencement day, is the chief executive officer of V/Line Corporation under TRO No. 2/2021 continues, subject to this Act, to be the chief executive officer of V/Line Corporation.\n\n***TRO No. 2/2021*** means the Transport Restructuring Order known as the Transport Restructuring Order (V/Line Corporation) No. 2/2021 dated 29 June 2021 and published in the Government Gazette on 29 June 2021.\n\nSchs (Heading) repealed by No. 21/2015 s. 3(Sch. 1 item 56).\n\nSch. 1 amended by No. 45/2010 s. 23(3), repealed by No. 6/2010 s. 206.\n\nSchs 2–5 repealed by No. 6/2010 s. 206.\n\nSch. 6 amended by No. 45/2010 s. 23(4), repealed by No. 6/2010 s. 206.\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\n *Minister's second reading speech—*\n\n *Legislative Assembly: 10 December 2009*\n\n *Legislative Council: 4 February 2010*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to create a new framework for the provision of an integrated and sustainable transport system in Victoria, to amend the **Transport Act 1983**, the **Marine Act 1988**, the **Rail Corporations Act 1996**, the **Eastlink Project Act 2004** and certain other Acts, to repeal the **Southern and Eastern Integrated Transport Authority Act 2003** and for other purposes.\"\n\nThe **Transport Integration Act 2010** was assented to on 2 March 2010 and came into operation as follows:\n\nSections 1, 2 on 3 March 2010: section 2(1); rest of Act on 1 July 2010: Special Gazette (No. 256) 30 June 2010 page 1.\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 Integration Act 2010** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Bus Safety Act 2009, No. 13/2009** (as amended by No. 6/2010 (as amended by No. 45/2010))\n\n| Assent Date: | 7.4.09 |\n| Commencement Date: | S. 101A on 31.12.10: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 41/2020)\n\n| Assent Date: | 2.3.10 |\n| Commencement Date: | Ss 205(4), 206 on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1; s. 203B(4) inserted on 15.12.11 by No. 61/2011 s. 20: Special Gazette (No. 407) 13.12.11; s. 115SB(2) inserted on 1.7.13 by No. 43/2013 s. 39: s. 2(2); s. 326(6) inserted on 1.1.20 by No. 49/2019 s. 64: Special Gazette (No. 514) 10.12.19 p. 1 |\n| Note: | S. 205(4) provided that s. 205 expired on 1.7.12; s. 206 repealed ss 204, 206, Schs 1–6 on 1.7.12; s. 203B(4) provided that s. 203B expired on 30.6.14; s. 115SB(2) provided that s. 115SB expired on 1.7.18; s. 326(6) provided that s. 326 expired on 1.1.23 |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010**\n\n| Assent Date: | 17.8.10 |\n| Commencement Date: | Ss 3–23 on 1.9.10: Special Gazette (No. 337) 24.8.10 p. 1 |\n\n**Climate Change Act 2010, No. 54/2010**\n\n| Assent Date: | 14.9.10 |\n| Commencement Date: | S. 73 on 1.7.11: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Marine Safety Act 2010, No. 65/2010**\n\n| Assent Date: | 28.9.10 |\n| Commencement Date: | S. 420(Sch. 3 item 16) on 1.7.12: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Tourist and Heritage Railways Act 2010, No. 79/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | S. 32 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** **Integration** **Act** **2010** |\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 3, 4, 7 on 19.7.11: Special Gazette (No. 236) 19.7.11 p. 1; ss 5, 6 on 1.8.11: Special Gazette (No. 236) 19.7.11 p. 1; ss 112(3), 113, 114, 121 on 26.5.13: Special Gazette (No. 180) 21.5.13 p. 1; ss 105–107, 109–111, 112(2), 115–119 on 1.7.13: s. 2(3); s. 112(1) never proclaimed, repealed by No. 43/2013 s. 43(1); ss 108, 120 never proclaimed, repealed by No. 43/2013 s. 44 |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Victorian Urban Development Authority Amendment (Urban Renewal Authority Victoria) Act 2011, No. 35/2011**\n\n| Assent Date: | 5.7.11 |\n| Commencement Date: | S. 22 on 25.10.11: Special Gazette (No. 342) 25.10.11 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011, No. 38/2011**\n\n| Assent Date: | 23.8.11 |\n| Commencement Date: | Ss 3–21 on 1.1.12: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Transport Legislation Amendment (Public Transport Safety) Act 2011, No. 49/2011**\n\n| Assent Date: | 22.9.11 |\n| Commencement Date: | S. 3 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** **Integration** **Act** **2010** |\n\n**Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011** (as amended by Nos 43/2012, 66/2012)\n\n| Assent Date: | 15.11.11 |\n| Commencement Date: | Ss 3, 4, 5(1)–(3), 6–8, 10–20 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; s. 5(4)–(6) on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1; s. 9 on 1.7.12: s. 2(3); s. 27 on 1.1.13: Special Gazette (No. 444) 19.12.12 p. 1; ss 26, 28, 30 on 30.6.13: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011, No. 78/2011**\n\n| Assent Date: | 13.12.11 |\n| Commencement Date: | S. 54 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 4 |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Business Names (Commonwealth Powers) Act 2011, No. 79/2011**\n\n| Assent Date: | 21.12.11 |\n| Commencement Date: | S. 38 on 28.5.12: Special Gazette (No. 151) 8.5.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Statute Law Revision Act 2012, No. 43/2012**\n\n| Assent Date: | 27.6.12 |\n| Commencement Date: | S. 3(Sch. item 54) on 28.6.12: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Rail Safety National Law Application Act 2013, No. 22/2013**\n\n| Assent Date: | 23.4.13 |\n| Commencement Date: | Ss 81–89 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\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 92–98 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** **Integration** **Act** **2010** |\n\n**Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, No. 43/2013**\n\n| Assent Date: | 28.6.13 |\n| Commencement Date: | Ss 34–41 on 1.7.13: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Major Transport Projects Facilitation Amendment (East West Link and Other Projects) Act 2013, No. 49/2013**\n\n| Assent Date: | 10.9.13 |\n| Commencement Date: | Ss 72, 73 on 25.9.13: Special Gazette (No. 337) 24.9.13 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\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 51) on 1.12.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014, No. 35/2014**\n\n| Assent Date: | 13.5.14 |\n| Commencement Date: | Ss 54–58 on 30.6.14: Special Gazette (No. 188) 17.6.14 p. 1; s. 53 on 30.9.14: Special Gazette (No. 337) 30.9.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\n\n**Filming Approval Act 2014, No. 51/2014**\n\n| Assent Date: | 12.8.14 |\n| Commencement Date: | S. 9(Sch. 2 item 19) on 1.3.15: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\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 56) on 1.8.15: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport** **Integration** **Act** **2010** |\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: | Ss 89–93 on 31.10.16: Special Gazette (No. 325) 25.10.16 p. 1; ss 175–177, 179(Sch. 1 item 8) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1 |\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:* | Ss 3–49, 51 on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1 |\n\n**Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017, No. 10/2017**\n\n| *Assent Date:* | 27.3.17 |\n| *Commencement Date:* | S. 38 on 1.4.17: Special Gazette (No. 94) 27.3.17 p. 1 |\n\n**Victorian Planning Authority Act 2017, No. 11/2017**\n\n| *Assent Date:* | 27.3.17 |\n| *Commencement Date:* | S. 103 on 1.7.17: Special Gazette (No. 150) 16.5.17 p. 1 |\n\n**Commercial Passenger Vehicle Industry Act 2017, No. 35/2017**\n\n| *Assent Date:* | 22.8.17 |\n| *Commencement Date:* | Ss 70, 71 on 23.8.17: s. 2(1) |\n\n**Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017**\n\n| *Assent Date:* | 26.9.17 |\n| *Commencement Date:* | Ss 88‒90 on 1.12.17: s. 2(3) |\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 11) on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1 |\n\n**Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018**\n\n| Assent Date: | 29.5.18 |\n| Commencement Date: | Ss 25–27 on 30.5.18: s. 2 |\n\n**Parks Victoria Act 2018, No. 19/2018**\n\n| Assent Date: | 5.6.18 |\n| Commencement Date: | S. 251 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1 |\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. 46 on 27.3.19: s. 2(1); s. 45 on 8.7.19: Special Gazette (No. 282) 2.7.19 p. 1 |\n\n**West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019**\n\n| Assent Date: | 26.3.19 |\n| Commencement Date: | Ss 152, 153 on 19.2.20: s. 2(3) |\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 89–106 on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 |\n\n**Transport Legislation Amendment Act 2019, No. 49/2019** (as amended by No. 41/2020)\n\n| Assent Date: | 3.12.19 |\n| Commencement Date: | Ss 33−45, 66(2) on 4.12.19: s. 2(1); ss 3−32, 46−59, 62−64, 66(1), 68−97, 186(Sch. 4 item 43) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1; ss 60, 61, 65, 67 on 30.6.22: s. 2(3) |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 item 105) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n\n**North East Link Act 2020, No. 18/2020**\n\n| Assent Date: | 10.6.20 |\n| Commencement Date: | S. 156 on 1.3.21: s. 2(2) |\n\n**Great Ocean Road and Environs Protection Act 2020, No. 19/2020**\n\n| Assent Date: | 23.6.20 |\n| Commencement Date: | Ss 107−109 on 1.12.20: s. 2(2) |\n\n**Transport Legislation Amendment Act 2020, No. 41/2020** (as amended by No. 30/2021)\n\n| Assent Date: | 1.12.20 |\n| Commencement Date: | Ss 52, 53 on 2.12.20: s. 2(1); s. 50 on 1.4.21: Special Gazette (No. 152) 30.3.21 p. 1; s. 51 on 27.10.21: s. 2(3) |\n\n**Zero and Low Emission Vehicle Distance-based Charge Act 2021, No. 18/2021**\n\n| *Assent Date:* | 1.6.21 |\n| *Commencement Date:* | S. 80 on 1.7.21: s. 2 |\n\n**Transport Legislation Miscellaneous Amendments Act 2021, No. 30/2021**\n\n| Assent Date: | 10.8.21 |\n| Commencement Date: | Ss 70, 71 on 11.8.21: s. 2(1) |\n\n**Suburban Rail Loop Act 2021, No. 43/2021**\n\n| Assent Date: | 19.10.21 |\n| Commencement Date: | S. 219(Sch. 1 item 11) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1 |\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: | Ss 24–31 on 25.5.22: s. 2(1); ss 3–13, 16–23 on 1.7.22: Government Gazette 23.6.22 p. 2737; ss 14, 15 on 1.3.23: s. 2(3) |\n\n**Transport Legislation Amendment Act 2023, No. 34/2023**\n\n| Assent Date: | 21.11.23 |\n| Commencement Date: | Ss 71−126 on 22.11.23: s. 2(1) |\n\n**Transport Infrastructure and Planning Legislation Amendment Act 2024, No. 48/2024**\n\n| Assent Date: | 26.11.24 |\n| Commencement Date: | S. 52 on 1.7.25: Special Gazette (No. 308) 17.6.25 p. 1 |\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: | Ss 85–88, 93–96 on 6.8.25: s. 2(1); ss 89–92 on 1.1.26: Special Gazette (No. 672) 2.12.25 p. 1 |\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| Assent Date: | 21.10.25 |\n| Commencement Date: | S. 4(Sch. 2 item 29) on 22.10.25: s. 2 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Pt 5 (Heading and ss 65–115):\n\n  Pt 5 (Heading and ss 65–115) amended by Nos 6/2010 s. 115SB(2), 45/2010 s. 23(2), 79/2010 s. 32, 34/2011 ss 5–7, 106, 107, 109 (as amended by No. 43/2013 s. 42), 110, 111, 112(2) (as amended by No. 43/2013 s. 43(2)), 112(3), 113–119, 121, 61/2011 ss 3, 5(4), 9–12, 26(2), 79/2011 s. 38(1), 43/2013 ss 34–41, 35/2014 ss 53, 54, 3/2017 ss 14–30, 35/2017 s. 71, 49/2017 s. 89, 63/2017 s. 21(Sch. 1 items 11.3–11.18), 17/2018 s. 26, 7/2019 s. 46, 41/2019 s. 90, 49/2019 ss 27, 28, 47–55, 59, 60(2)(3), 61, 80–83, 186(Sch. 4 items 43.2–43.7), 18/2020 s. 156(2)(3), 41/2020 s. 53, substituted as Pt 5 (Heading and ss 115A–115W) by No. 34/2023 s. 75. [↑](#endnote-ref-2)\n\n2. S. 115SB (*expired*): The repeal of section 115SB proposed by section 21(Schedule 1 item 11.18) of the **Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017**, No. 63/2017 (*repealed*) is not included in this publication due to the earlier expiry of section 115SB by section 115SB(2). [↑](#endnote-ref-3)","sortOrder":378}],"analysis":{"summary":{"name":"Transport Integration Act 2010","slug":"transport-integration-act-2010","title_id":"transport-integration-act-2010","version_id":177940,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Complete current Act as at 1 January 2026 (Version 091). Source covers all 12+ Parts including the long transitional and restructure parts (Parts 8-12). The table of contents is embedded in the source text before the operative provisions."},"complexity_factors":["Very large Act: 486K chars with 12+ Parts and multiple Divisions","Strategic/governance focus: interacts with all other Victorian transport legislation","Extensive transport body and interface body framework creating duty to have regard to objectives and principles","Numerous amendments reflecting successive machinery of government changes","Broad Secretary and Head, Transport for Victoria powers affecting land acquisition, contracts, and corporate participation"],"plain_english_summary":"The Transport Integration Act 2010 (Vic) is the foundational Victorian statute for planning, administering, and regulating the State's integrated transport system. Its purpose is to create a framework for an integrated and sustainable transport system consistent with a statutory vision statement.\n\nThe Act operates at a strategic and governance level. It does not itself build roads, run trains, or set fares. Instead, it establishes the vision, objectives, and decision-making principles that all transport bodies and interface bodies in Victoria must apply when making decisions and exercising powers under any transport legislation.\n\nPart 2 is the Act's policy core. It articulates seven transport system objectives: social and economic inclusion; economic prosperity; environmental sustainability; integration of transport and land use; efficiency, coordination and reliability; and safety and health. These objectives are supported by seven decision-making principles: integrated decision making; triple bottom line assessment; equity; the transport system user perspective; the precautionary principle; stakeholder engagement; and transparency.\n\nPart 3 establishes the Department of Transport and its Secretary, giving the Secretary broad powers to acquire land, enter contracts, form corporations, hold intellectual property, and manage transport assets on behalf of the Crown.\n\nPart 4A creates the Head, Transport for Victoria as the major transport delivery entity with extensive powers for project delivery and infrastructure management.\n\nParts 5 onwards deal with specific transport sectors: roads and road management, rail, ports, heavy vehicles, marine safety, and taxi and hire car regulation. Parts 8-12 deal with transitional matters from the earlier transport governance restructure.\n\nThe Act has been substantially amended many times since 2010 to reflect ongoing changes in the Victorian transport governance structure."},"kimi_summary":{"_metrics":{"completionTokens":811},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2010 framework. Originally establishing basic institutional structures, it has expanded through numerous amendments to become a comprehensive restructuring and transitional mechanism. Parts 9-14 are almost entirely devoted to abolishing and transferring functions between entities (Public Transport Development Authority, Roads Corporation, Victorian Ports Corporation, Commercial Passenger Vehicle Commission, Office of Director Transport Safety). The 2023 amendments added Safe Transport Victoria as a consolidated safety regulator. The Act now functions as much as an 'organisational change management' statute as a substantive transport planning law."},"complexity_factors":["Extensive cross-referencing to other Acts (over 30 interface and transport legislation definitions)","Multiple nested definitions section with 100+ defined terms, many inserted by later amendments","Complex institutional history with numerous abolished and successor bodies referenced in transitional provisions","Conditional application of provisions to different entity types (Transport Corporations vs sector transport agencies vs interface bodies)","Layered governance structures with Minister, Secretary, and entity-specific direction powers that can conflict","Extensive machinery provisions for property transfers, employee transfers, and corporate restructures","Multiple savings and transitional provisions across Parts 9-14 dealing with historical reorganisations","Exception-heavy structure with numerous carve-outs for major projects (Suburban Rail Loop, declared projects)","Dual approval requirements (Minister and Treasurer) for many significant decisions","Complex delegation chains allowing sub-delegation under Interpretation of Legislation Act provisions"],"plain_english_summary":"This is Victoria's **Transport Integration Act 2010**, the overarching law that governs how the state's transport system is planned, delivered, and managed.\n\n**What it does:**\n- **Sets the vision and principles** for an integrated, sustainable transport system that supports social inclusion, economic prosperity, and environmental sustainability\n- **Establishes the institutional framework** for transport in Victoria, including:\n  - The **Department of Transport and Planning** (policy and strategic planning)\n  - **Head, Transport for Victoria** (coordinates public transport and roads)\n  - **Safe Transport Victoria** (regulates bus, marine, and commercial passenger vehicle safety)\n  - **Transport Corporations**: Victorian Rail Track (VicTrack), V/Line Corporation, Ports Victoria, and Port of Hastings Corporation\n  - **Chief Investigator, Transport Safety** (independent safety investigations)\n- **Creates flexible restructuring powers** through \"Transport Restructuring Orders\" and \"Transfer Orders\" that allow the government to reorganise transport bodies without new legislation\n- **Requires integrated decision-making** — all transport bodies must consider social, economic, and environmental impacts (the \"triple bottom line\")\n\n**Who it affects:**\n- Anyone using Victorian roads, trains, trams, buses, or ports\n- Transport operators (accredited bus operators, commercial passenger vehicles, rail freight)\n- Local councils and planning authorities (as \"interface bodies\")\n- Property owners near transport corridors (compulsory acquisition powers)\n\n**Why it matters:**\nThis Act tries to break down silos between different transport modes. Instead of roads, rail, and ports being planned separately, the Act requires coordinated planning that considers land use, environmental impacts, and social equity together. It also creates mechanisms for rapid organisational change — useful when governments want to merge, split, or restructure transport agencies quickly.\n\n**Key features to note:**\n- The Act is heavily amended (Version 091, incorporating changes to 1 January 2026), reflecting constant restructuring of the transport bureaucracy\n- Contains extensive transitional provisions for past reorganisations (Public Transport Development Authority abolished, Roads Corporation abolished, various port entities merged)\n- Includes special protections for the Yarra River, Great Ocean Road, and declared planning areas\n- Establishes dedicated funds (Public Transport Fund and Roads Fund) for transparent financial management"},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"The Act began as a framework to integrate transport planning, but has been repeatedly amended to create new agencies (e.g., Head, Transport for Victoria, Ports Victoria, Safe Transport Victoria), abolish others (e.g., Roads Corporation, Public Transport Development Authority), and expand government powers to restructure without new legislation. The original vision statement remains, but the operational detail and scope of ministerial discretion have grown significantly, turning it into a detailed administrative and restructuring tool."},"complexity_factors":["Over 100 defined terms in the interpretation section, many referencing other Acts","Extensive cross-referencing to other Victorian and Commonwealth legislation","Multiple layers of nested exceptions (e.g., exclusions from Yarra River land obligations for declared projects)","Length: over 400 pages, with 14 Parts and numerous Schedules","Complex restructuring and transfer provisions (Transport Restructuring Orders, Transfer Orders) with detailed conditions","Many separate transport bodies with overlapping functions and powers","Frequent amendments over 16 years (version 091) adding and removing sections","Conditional language and delegations creating complex chains of authority","Statements of policy principles and guidelines to be issued and updated","Heavy use of retroactive validation and savings provisions (e.g., sections 65F, 66O)"],"plain_english_summary":"This Act sets up the overall structure and rules for Victoria's transport system. It creates a vision for an integrated and sustainable transport network that supports social inclusion, economic growth, environmental protection, and safety. The Act establishes a hierarchy: the Minister oversees the system, supported by a government department (the Department of Transport and Planning) and a senior official (the Secretary). It creates several specialised bodies: **Head, Transport for Victoria** (which manages public transport and roads), **Safe Transport Victoria** (which regulates bus, taxi, and marine safety), **Victorian Rail Track (VicTrack)** (which holds and manages transport land and assets), **V/Line Corporation** (which runs regional passenger and freight rail), **Ports Victoria** (which manages ports and waterways), and the **Port of Hastings Corporation** (which develops the Port of Hastings). It also sets up an independent **Chief Investigator, Transport Safety** to investigate accidents without assigning blame. The Act includes a long list of objectives and principles that these bodies must consider when making decisions. It also gives the government flexibility to reorganise transport agencies by issuing Orders in Council (called Transport Restructuring Orders and Transfer Orders), which can move functions, property, and staff between bodies without needing a new law each time. Over the years, many amendments have added new agencies, abolished old ones, and transferred responsibilities, making the Act a living document that adapts to changing priorities."}},"importantCases":[],"_links":{"self":"/api/acts/transport-integration-act-2010","history":"/api/acts/transport-integration-act-2010/history","analysis":"/api/acts/transport-integration-act-2010/analysis","conflicts":"/api/acts/transport-integration-act-2010/conflicts","importantCases":"/api/acts/transport-integration-act-2010/important-cases","documents":"/api/acts/transport-integration-act-2010/documents"}}