Version incorporating amendments as at
1 July 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 1
3 Definitions 2
Part 2—Puffing Billy Railway Board 4
Division 1—Puffing Billy Railway Board 4
4 Establishment of the Board 4
5 Board represents the Crown 4
6 Objectives of the Board 4
7 Functions of the Board 5
8 Powers of the Board 6
9 Ministerial direction 7
9A Stakeholder consultative committee 7
Division 2—Directors of the Board 9
10 Appointment of directors of the Board 9
11 Chairperson and deputy chairperson of the Board 10
12 Terms and conditions of appointment 10
13 Reimbursement of directors 10
14 Suspension and removal of directors 10
15 Vacancies on the Board 11
16 Appointment of acting directors 12
17 Validity of acts and decisions of the Board 12
18 Immunity of directors 13
Division 3—Procedures of the Board 13
19 Rules, policies and procedures of the Board 13
20 Meetings of the Board 13
21 Conflicts of interest 14
22 Delegation by the Board 14
Division 4—Chief executive officer 14
23 Appointment of the chief executive officer 14
24 Functions of the chief executive officer 15
25 Delegation by the chief executive officer 15
26 Appointment of an acting chief executive officer 16
Division 5—Matters relating to land 16
27 Leases, licences and easements over land 16
28 Restriction on disposals of land 17
Division 6—Disclosure and reporting requirements 17
29 Minister may request information from the Board 17
30 Board must report certain incidents and risks 17
31 Strategic plans—preparation and approval 18
32 Strategic plans—revisions and other requirements 20
33 Rail corridor plan—preparation and approval 20
34 Rail corridor plan—revisions and other requirements 21
Division 7—Other matters 21
35 Fencing 21
Section 1 - Puffing Billy Railway Act 2022 - Puffing Billy Railway Act 2022 | Zoe
36 Clearance of trees and wood 22
37 Level crossings 23
Part 3—Regulations 24
38 Regulations 24
Part 4—Repeal and transitional provisions 26
39 Definitions 26
40 Repeal of Emerald Tourist Railway Act 1977 26
41 Old Board members to be new Board directors 26
42 New Board succeeds old Board 26
43 Transfer of employees 27
44 Duties and other taxes 28
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Endnotes 30
1 General information 30
2 Table of Amendments 32
3 Explanatory details 33
Version No.002
Puffing Billy Railway Act 2022
No. 16 of 2022
Version incorporating amendments as at
1 July 2024
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to establish the Puffing Billy Railway Board; and
(b) to provide for the objectives, functions and powers of the Board; and
(c) to provide for the growth and development of the Puffing Billy Railway; and
(d) to require business and strategic planning for the development and long-term sustainability and viability of the Puffing Billy Railway; and
(e) to recognise the heritage significance of the Puffing Billy Railway; and
(f) to recognise the importance of volunteers to the operation of the Puffing Billy Railway; and
(g) to repeal the Emerald Tourist Railway Act 1977.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 July 2023, it comes into operation on that day.
3 Definitions
In this Act—
approved strategic plan means a strategic plan approved under section 31;
chief executive officer means the person appointed as chief executive officer under section 23;
director means a director of the Board;
financial accommodation has the same meaning as in the Borrowing and Investment Powers Act 1987;
financial arrangement has the same meaning as in the Borrowing and Investment Powers Act 1987;
interface agreement has the same meaning as in the Rail Safety National Law (Victoria);
Puffing Billy Preservation Society means the company registered as a company limited by guarantee under the Corporations Act under the name "Puffing Billy Preservation Society" (ABN 79 004 621 505);
Puffing Billy Railway includes—
(a) any land vested in or owned, leased or managed by the Board; and
(b) any rail infrastructure, facilities or rolling stock owned, leased or managed by the Board;
rail infrastructure has the same meaning as in the Rail Safety National Law (Victoria);
rolling stock has the same meaning as in the Rail Safety National Law (Victoria);
the Board means the Puffing Billy Railway Board continued under section 4.
Part 2—Puffing Billy Railway Board
Division 1—Puffing Billy Railway Board
4 Establishment of the Board
(1) The Emerald Tourist Railway Board established under section 2 of the Emerald Tourist Railway Act 1977 (as in force immediately before the commencement of this section) is continued under this Act as the Puffing Billy Railway Board.
(2) The Board—
(a) is a body corporate with perpetual succession; and
(b) must have a common seal; and
(c) may sue or be sued; and
(d) may acquire, hold and dispose of real and personal property; and
(e) may do or suffer anything which by law a body corporate may do or suffer.
(3) The common seal of the Board must be—
(a) kept as directed by the Board; and
(b) used only as authorised by the Board.
(4) All courts must take judicial notice of the common seal on a document and, until the contrary is proved, must presume that the document was properly sealed.
5 Board represents the Crown
The Board represents the Crown.
6 Objectives of the Board
The Board has the following objectives—
(a) to ensure the economic sustainability and viability of the Puffing Billy Railway;
(b) to maintain and develop the heritage significance of the Puffing Billy Railway;
(c) to manage and promote the safe operation of the Puffing Billy Railway;
(d) to promote the tourism offering of, and to enhance the visitor experience provided by, the Puffing Billy Railway and the surrounding region;
(e) to recognise the importance of volunteer participation in the operation of the Puffing Billy Railway;
(f) to promote understanding of and education relating to rail heritage;
(g) to promote the preservation of narrow gauge rail heritage;
(h) to develop and maintain partnerships with community organisations and businesses;
(i) to develop and maintain harmonious relations between the Board, volunteers and the community;
(j) to provide a safe, inclusive and diverse working environment for employees and volunteers.
7 Functions of the Board
(1) The Board has the following functions—
(a) to operate, manage and maintain the infrastructure and assets of the Puffing Billy Railway in a safe, effective and efficient manner;
(b) to manage volunteer engagement with the Puffing Billy Railway;
(c) to develop suitable marketing and communications strategies for activities relating to the Puffing Billy Railway;
(d) to report to the Minister as required under this Act, including in relation to incidents and other matters relating to the safety of the Puffing Billy Railway;
(e) any other function conferred on the Board under this or any other Act.
(2) In performing its functions, the Board must—
(a) operate on a not-for-profit basis; and
(b) operate in an open, transparent and accountable manner; and
(c) have regard to—
(i) the objectives set out in section 6; and
(ii) the benefits of volunteerism; and
(iii) the need for continuous improvement in the operation and management of the Puffing Billy Railway; and
(iv) the expectations of the community in relation to the Board's activities and its use of public money and volunteer time.
8 Powers of the Board
(1) Subject to this section, the Board has the power to do all things necessary or convenient to achieve its objectives and to perform its functions under this Act, including the power—
(a) to enter into any agreement, contract, lease, licence or easement; and
(b) to engage persons as employees, consultants, contractors or agents; and
(c) for any purpose consistent with the Board's objectives and functions, to accept appointment as the committee of management of any land reserved under the Crown Land (Reserves) Act 1978.
(2) The Board must not enter into a contract or agreement for which the consideration exceeds $1 million without the written approval of the Minister.
(3) The Board has the powers conferred on it by the Borrowing and Investment Powers Act 1987 for the purpose of performing its functions and exercising its powers under this Act.
(4) The Board must not borrow any amount under a financial accommodation or financial arrangement without the written approval of the Minister.
9 Ministerial direction
(1) The Board is subject to the general direction and control of the Minister in performing its functions and exercising its powers under this Act.
(2) The Minister may give specific written directions to the Board relating to the performance of functions or the exercise of powers by the Board under this Act.
(3) The Board must comply with a written direction given under subsection (2).
9A Stakeholder consultative committee
(1) The Board must establish a stakeholder consultative committee in relation to the Puffing Billy Railway within 12 months of the commencement of this section.
(2) The function of the stakeholder consultative committee is to provide to the Board comments regarding the following matters—
(a) business and strategic matters relating to the Puffing Billy Railway;
(b) the safe operation and management of the Puffing Billy Railway;
(c) the visitor experience provided by the Puffing Billy Railway and the surrounding region;
(d) the recruitment, engagement, recognition and retention of volunteers;
(e) the maintenance and preservation of the heritage of the Puffing Billy Railway.
(3) The stakeholder consultative committee must consist of members who represent persons whose interests the Board considers may be affected by the matters referred to in subsection (2), including members who represent the following—
(a) the Puffing Billy Preservation Society;
(b) community service groups;
(c) local heritage groups;
(d) volunteers of the Puffing Billy Railway;
(e) local trader associations, chambers of commerce and tourism organisations;
(f) communities located near land forming part of the Puffing Billy Railway;
(g) Councils, within the meaning of the Local Government Act 2020, whose municipal districts include land forming part of the Puffing Billy Railway;
(h) schools, within the meaning of the Education and Training Reform Act 2006, that are located near land forming part of the Puffing Billy Railway;
(i) children and young people associated with the Puffing Billy Railway.
(4) The stakeholder consultative committee must meet at least twice each year.
Division 2—Directors of the Board
10 Appointment of directors of the Board
(1) The Board must consist of at least 5 but not more than 10 directors appointed by the Governor in Council on the recommendation of the Minister.
(2) In recommending persons to be directors of the Board, the Minister must ensure that—
(a) the directors collectively possess skills, knowledge and experience in the following areas—
(i) heritage preservation;
(ii) operation and safety of railways;
(iii) tourism;
(iv) economic development;
(v) marketing and communications;
(vi) financial management;
(vii) law;
(viii) public governance;
(ix) any other area that the Minister, after consulting with the Board, considers appropriate; and
(b) no more than 2 directors are, or were within the previous 12 months, members of the Puffing Billy Preservation Society.
(3) A member of the Puffing Billy Preservation Society who also holds an elected position within the Society, or held an elected position within the previous 12 months, is not eligible for appointment.
11 Chairperson and deputy chairperson of the Board
(1) The Minister must appoint one of the directors to be the chairperson of the Board.
(2) The Minister may appoint one of the directors to be the deputy chairperson of the Board.
(3) If the chairperson is absent or unable to perform duties as the chairperson for a period of not more than 3 months, the Minister may appoint one of the directors to be the acting chairperson during that period.
12 Terms and conditions of appointment
(1) A director holds office—
(a) on the terms and conditions specified in the instrument of appointment; and
(b) for the period, not longer than 3 years, specified in the instrument of appointment.
(2) A director is eligible for reappointment.
(3) During the period in which a director holds office, the director must not—
(a) be elected to any position within the Puffing Billy Preservation Society; or
(b) acquire new membership of the Society.
13 Reimbursement of directors
The Board may reimburse a director for expenses reasonably incurred in performing functions or exercising powers under this Act.
14 Suspension and removal of directors
(1) The Governor in Council may suspend or remove a director from office on the recommendation of the Minister if the director—
(a) without the approval of the Board, fails to attend 3 consecutive meetings of the Board; or
(b) becomes an insolvent under administration; or
(c) is convicted or found guilty of—
(i) an indictable offence; or
(ii) an offence that, if committed in Victoria, would be an indictable offence; or
(iii) an offence relating to the performance of duties as a director; or
(d) engages in improper conduct in performing duties as a director; or
(e) is negligent in performing duties as a director; or
(f) fails to disclose a conflict of interest in accordance with section 21; or
(g) is absent or unable to perform duties as a director for a period of more than 3 months.
(2) The suspension of a director under subsection (1) may be for any period less than or equal to the remainder of the director's term of office.
15 Vacancies on the Board
(1) The office of a director becomes vacant if the director—
(a) resigns by notice in writing delivered to the Governor in Council; or
(b) is removed from office under section 14; or
(c) becomes permanently incapable of performing duties as a director.
(2) If the office of a director becomes vacant, the Governor in Council on the recommendation of the Minister may appoint a person to the office in accordance with section 10.
16 Appointment of acting directors
(1) The Minister may appoint a person to be an acting director for a period of not more than 3 months if—
(a) a director is suspended under section 14; or
(b) the office of a director is vacant; or
(c) a director is absent or unable to perform duties as a director for that period.
(2) An acting director—
(a) has the same voting rights, duties and powers as a director; and
(b) is entitled to remuneration and reimbursement of expenses as specified in the instrument of appointment.
17 Validity of acts and decisions of the Board
An act or decision of the Board is not invalid merely because—
(a) there is a defect or irregularity in the appointment of a director or an acting director; or
(b) there is a vacancy in the office of a director; or
(c) the occasion for an acting director to act had not arisen or had ceased.
18 Immunity of directors
(1) A director is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the performance of a function under this Act or the regulations; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act or the regulations.
(2) Any liability resulting from an act or omission that would, but for subsection (1), attach to a director attaches instead to the Board.
Division 3—Procedures of the Board
19 Rules, policies and procedures of the Board
The Board may make rules and policies consistent with this Act in relation to—
(a) governance and procedures of the Board; and
(b) management of the Board's affairs; and
(c) duties of officers and employees of the Board.
20 Meetings of the Board
(1) The quorum for a meeting of the Board is a majority of the directors for the time being.
(2) A question arising at a meeting of the Board is resolved by a majority of votes of the directors present and voting on the question.
(3) If there is an equality of votes on a question at a meeting, the chairperson or any other director presiding at the meeting, as determined by the procedures of the Board, has a casting vote.
21 Conflicts of interest
(1) A director engaged in any employment, business or community activity that may create an actual or perceived conflict of interest with their role as a director must disclose that interest to the Board.
(2) Without limiting subsection (1), a director who is, or was within the previous 12 months, a member of the Puffing Billy Preservation Society must disclose that membership to the Board.
(3) A director who has disclosed an interest under this section must not be present or vote during any meeting of the Board at which that interest is considered.
22 Delegation by the Board
(1) The Board may by instrument delegate any of its functions or powers under this Act to the chief executive officer.
(2) The chief executive officer may sub-delegate a function or power delegated under subsection (1) to an employee, consultant, contractor or agent of the Board, if the instrument of delegation authorises its sub-delegation.
Division 4—Chief executive officer
23 Appointment of the chief executive officer
(1) The Board must appoint a person to be the chief executive officer of the Puffing Billy Railway.
(2) The chief executive officer must not be—
(a) a director; or
(b) a person who is, or was within the previous 12 months, a member of the Puffing Billy Preservation Society.
(3) The chief executive officer holds office—
(a) on the terms and conditions specified in the instrument of appointment; and
(b) for the period, not longer than 3 years, specified in the instrument of appointment.
(4) The chief executive officer is eligible for reappointment.
24 Functions of the chief executive officer
(1) The chief executive officer has the following functions—
(a) to manage, in accordance with the rules and policies of the Board, the day-to-day affairs of the Puffing Billy Railway;
(b) to report to the Board on the day-to-day affairs of the Puffing Billy Railway;
(c) to employ staff on behalf of the Board;
(d) to engage consultants, contractors or agents on behalf of the Board.
(2) The chief executive officer is subject to the general direction and control of the Board in performing the chief executive officer's functions.
(3) The chief executive officer is not, in respect of the office of chief executive officer, subject to the provisions of the Public Administration Act 2004.
25 Delegation by the chief executive officer
The chief executive officer may by instrument delegate any of the chief executive officer's functions or powers under this Act to an employee, consultant, contractor or agent of the Board.
26 Appointment of an acting chief executive officer
(1) The Board may appoint a person to be the acting chief executive officer of the Puffing Billy Railway for any period during which—
(a) the office of the chief executive officer is vacant; or
(b) the chief executive officer is absent or unable to perform duties as the chief executive officer.
(2) An acting chief executive officer—
(a) has the same functions, duties and powers as the chief executive officer; and
(b) is entitled to remuneration and reimbursement of expenses as specified in the instrument of appointment.
Division 5—Matters relating to land
27 Leases, licences and easements over land
(1) Subject to this section, the Board may grant, on such terms and conditions as the Board considers appropriate—
(a) a lease, licence or easement over any land vested in or owned, leased or managed by the Board; or
(b) a lease or licence over any Crown land, other than Crown land reserved under the Crown Land (Reserves) Act 1978, that is under the management of the Board.
(2) The Board must not grant—
(a) a lease over Crown land for a period of more than 50 years; or
(b) a licence over Crown land for a period of more than 10 years; or
(c) an easement over Crown land or across any railway track forming part of the Puffing Billy Railway.
(3) The Board must not grant a lease, licence or easement over any land for a period of more than 21 years unless the Minister approves the lease, licence or easement and its terms and conditions in writing.
28 Restriction on disposals of land
The Board must not sell or otherwise dispose of any freehold land without the approval of the Minister in writing.
Division 6—Disclosure and reporting requirements
29 Minister may request information from the Board
(1) The Minister may request that the Board provide to the Minister information relating to—
(a) the operation and management of the Puffing Billy Railway; or
(b) the performance of the Board's functions or the exercise of its powers under this Act.
(2) The Board must comply with a request under subsection (1).
30 Board must report certain incidents and risks
(1) The Board must report to the Minister any incident or alleged incident of which the Board is aware that—
(a) occurred or allegedly occurred in the operation of the Puffing Billy Railway or in public traffic on the Puffing Billy Railway; and
(b) either—
(i) caused or allegedly caused death or serious injury to any person or serious damage to property or the environment; or
(ii) may reasonably be expected to cause harm to the reputation of the Puffing Billy Railway.
(2) The Board must consult with and report to the Minister on any significant risk of which the Board is aware.
(3) For the purposes of subsections (1) and (2), the Board may engage a person—
(a) to investigate any incident or significant risk; and
(b) to prepare a report on the incident or significant risk.
(4) If a report has been prepared for the purposes of this section, the Board must provide the report to the Minister as soon as practicable.
(5) In this section, significant risk means—
(a) a risk to the Puffing Billy Railway, including a risk to its safe operation; or
(b) a risk to the Board, including a risk to its financial viability.
31 Strategic plans—preparation and approval
(1) The Board must prepare a strategic plan—
(a) within one year after commencement of this section; and
(b) for each subsequent financial year.
(2) A strategic plan must include the following—
(a) a business plan for the financial year to which the plan relates;
(b) for the financial year to which the plan relates and for the subsequent 3 financial years—
(i) a statement of corporate intent; and
(ii) the business goals of the Board; and
(iii) strategies of the Board in relation to financial, risk management, occupational health and safety and human resources matters; and
(iv) planned activities of the Board in relation to the operation and development of the Puffing Billy Railway.
(3) The Board must provide a draft of a proposed strategic plan to the Minister for approval no later than 31 May before the financial year to which the plan relates.
(4) The Board must—
(a) make any changes to a draft proposed strategic plan that are requested by the Minister; and
(b) provide the revised draft strategic plan to the Minister for approval no later than 31 August of the financial year to which the plan relates.
(5) The Minister may extend the time within which the Board must comply with subsection (3) or (4), if requested by the Board.
(6) A strategic plan that is approved by the Minister is taken to replace the strategic plan for the previous financial year.
32 Strategic plans—revisions and other requirements
(1) Subject to subsection (2), the Board must act in accordance with the approved strategic plan.
(2) If the Board considers that it is necessary to act other than in accordance with the approved strategic plan, the Board must—
(a) prepare a revised strategic plan; and
(b) provide the revised strategic plan to the Minister for approval as soon as practicable.
(3) The Minister may at any time require the Board—
(a) to prepare a revised strategic plan; and
(b) to provide the revised strategic plan to the Minister for approval as soon as practicable.
(4) The Board must not publish a strategic plan or otherwise make a strategic plan publicly available without the approval of the Minister in writing.
33 Rail corridor plan—preparation and approval
(1) The Board must prepare a rail corridor plan—
(a) within one year after the commencement of this section; and
(b) for each subsequent period of 10 financial years.
(2) A rail corridor plan must set out how the rail infrastructure, facilities and rolling stock forming part of the Puffing Billy Railway are to be maintained for the course of the plan.
(3) The Board must provide a draft of a proposed rail corridor plan to the Minister for approval.
(4) The Board must—
(a) make any changes to the draft rail corridor plan that are requested by the Minister; and
(b) provide the revised draft rail corridor plan to the Minister for approval as soon as practicable.
(5) A rail corridor plan that is approved by the Minister is taken to replace the previous rail corridor plan.
34 Rail corridor plan—revisions and other requirements
(1) Subject to subsection (2), the Board must act in accordance with the approved rail corridor plan.
(2) If the Board considers that it is necessary to act other than in accordance with the approved rail corridor plan, the Board must—
(a) prepare a revised rail corridor plan; and
(b) provide the revised rail corridor plan to the Minister for approval as soon as practicable.
(3) The Minister may at any time require the Board to amend the rail corridor plan.
Division 7—Other matters
35 Fencing
(1) Despite any Act (other than the Charter of Human Rights and Responsibilities) or rule of law to the contrary, the Board—
(a) is not required to fence or contribute to the fencing of any land forming part of the Puffing Billy Railway; and
(b) is not liable for any loss, damage or injury caused directly or indirectly by any land forming part of the Puffing Billy Railway not being fenced.
(2) The Board may erect and maintain fences on land forming part of the Puffing Billy Railway, as it considers to be appropriate, but is not required to do so.
36 Clearance of trees and wood
(1) This section applies if any tree or wood in the vicinity of a railway track forming part of the Puffing Billy Railway poses a risk to the safety of any person on or using the railway track.
(2) The Board may by written notice require the owner or occupier of any land on which the tree or wood is situated to fell and remove the tree or wood within a reasonable time.
(3) A notice under subsection (2) may be served on an owner or occupier—
(a) personally; or
(b) by sending it by post to the owner or occupier's usual or last known residential or business address; or
(c) by leaving it at the owner or occupier's usual or last known residential or business address with a person apparently at least 16 years of age and apparently living or employed there; or
(d) in a manner prescribed under any other Act for service on a person or class of persons of the same type as the owner or occupier; or
(e) if the identity or address of the owner or occupier is not known, by—
(i) displaying it on the land; and
(ii) publishing a copy of it and a description of the land in a newspaper circulating generally in Victoria.
(4) If an owner or occupier does not comply with a notice under subsection (2), the Board may—
(a) cause a person to enter the land at a reasonable time to fell and remove the tree or wood; and
(b) recover any costs incurred from the owner or occupier as a debt.
(5) Despite anything to the contrary in the Planning and Environment Act 1987 or any planning scheme, a permit issued under that Act is not required to fell and remove any tree or wood under this section.
37 Level crossings
Despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities) or law, the Board—
(a) subject to and in accordance with any applicable interface agreement, may use a level crossing that connects rail infrastructure forming part of the Puffing Billy Railway; and
(b) may close the level crossing to road traffic while the railway track passing through the level crossing is in use.
Part 3—Regulations
38 Regulations
(1) The Governor in Council may make regulations for or with respect to the following—
(a) conditions of travel on any part of the Puffing Billy Railway;
(b) regulating or prohibiting conduct in or on any part of the Puffing Billy Railway;
(c) preventing trespass in or on any part of the Puffing Billy Railway;
(d) preventing interference with any rail infrastructure, facilities or rolling stock forming part of the Puffing Billy Railway;
(e) movement or parking of vehicles on the Puffing Billy Railway or on level crossings that connect rail infrastructure forming part of the Puffing Billy Railway;
(f) excluding or removing persons, animals or vehicles from any part of the Puffing Billy Railway;
(g) regulating or prohibiting materials or things that may be brought into or onto, or left in or on any part of, the Puffing Billy Railway;
(h) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) Regulations made under this section may—
(a) be of general or limited application; and
(b) differ according to time, place or circumstance; and
(c) confer powers or impose duties in connection with the regulations on—
(i) persons authorised under section 221AB of the Transport (Compliance and Miscellaneous) Act 1983; or
(ii) any other specified person or class of persons; and
(d) impose a penalty not exceeding 20 penalty units for a contravention of the regulations.
Part 4—Repeal and transitional provisions
39 Definitions
In this Part—
commencement day means the day on which the Puffing Billy Railway Act 2022 comes into operation;
new Board means the Puffing Billy Railway Board;
old Board means the Emerald Tourist Railway Board as constituted under the Emerald Tourist Railway Act 1977 immediately before the commencement day.
40 Repeal of Emerald Tourist Railway Act 1977
The Emerald Tourist Railway Act 1977 is repealed.
41 Old Board members to be new Board directors
A member of the old Board immediately before the commencement day is taken to hold office as a director of the new Board—
(a) until the end of the period for which the member would have been entitled, but for the repeal of the Emerald Tourist Railway Act 1977, to hold office as a member of the old Board; and
(b) on the terms and conditions specified in the instrument of appointment under that Act.
42 New Board succeeds old Board
On the commencement day—
(a) all property and rights that, immediately before that day, were vested in or owned, leased or managed by the old Board, including property vested in the old Board under the Emerald Tourist Railway Act 1977, become vested in or owned, leased or managed by the new Board; and
(b) all liabilities and obligations of the old Board existing immediately before that day become liabilities and obligations of the new Board; and
(c) the new Board is substituted for the old Board as a party to—
(i) any proceeding to which the old Board was a party in any court or tribunal immediately before that day; and
(ii) any agreement or contract to which the old Board was a party immediately before that day; and
(d) any reference to the old Board in any other Act or in any subordinate instrument, agreement, contract, licence or other document is taken to be a reference to the new Board, to the extent that—
(i) the reference relates to any period on or after that day; and
(ii) the context does not require otherwise.
43 Transfer of employees
(1) On the commencement day, all persons who were employees of the old Board immediately before that day are taken to be employees of the new Board on the same terms and conditions and with the same accrued and accruing entitlements as applied to those persons immediately before that day.
(2) If a person is taken to be an employee of the new Board under subsection (1)—
(a) the person's service as an employee of the new Board must be regarded for all purposes as continuous with the person's service as an employee of the old Board; and
(b) the person is not entitled to receive any payment or other benefit only by reason of ceasing to be an employee of the old Board.
(3) Nothing in this section prevents a person from resigning or being dismissed as an employee of the old Board at any time after the commencement day in accordance with the terms and conditions of that person's employment.
44 Duties and other taxes
No duty or other tax is chargeable under any Act in respect of anything done under this Part, or any act or transaction connected with or necessary due to this Part, including a transaction entered into or an instrument made, executed, lodged or given in connection with the transfer of property, rights, liabilities or obligations under this Part.
Pt 5 (Heading and ss 45–47) amended by No. 23/2022 s. 9, repealed by No. 16/2022 s. 47.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 9 March 2022
Legislative Council: 24 March 2022
The long title for the Bill for this Act was "A Bill for an Act to establish the Puffing Billy Railway Board, to provide for the objectives, functions and powers of the Board, to provide for matters relating to the Puffing Billy Railway, to repeal the Emerald Tourist Railway Act 1977 and for other purposes."
The Puffing Billy Railway Act 2022 was assented to on 12 April 2022 and came into operation on 1 July 2023: section 2(2).
Section 45 never proclaimed, repealed on 1 July 2022 by section 9 of the State Taxation and Treasury Legislation Amendment Act 2022, No. 23/2022.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All 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).
• Examples, diagrams or notes
All 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).
• Punctuation
All 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).
• Provision numbers
All 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).
• Location of "legislative items"
A "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.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Puffing Billy Railway Act 2022 by Acts and subordinate instruments.