61No obligation to fence

61 No obligation to fence

(1) Despite any Act or rule of law to the contrary, a person to which this section applies—

(a) is not required to fence or contribute to the fencing of any portion of a railway or tramway; and

(b) is not liable for any damage that may be caused by reason of any railway or tramway not being fenced in or fenced off.

(2) A person to which this section applies may, but is not obliged to, erect and maintain such fences in connection with a railway or tramway as it thinks proper.

S. 61(3)(a) repealed by No. 63/1999 s. 9(3)(c).

S. 61(3)(b) repealed by No. 63/1999 s. 7(3)(a).

S. 61(3)(d) amended by No. 63/1999 ss 3(3)(b), 4(3)(b), repealed by No. 63/1999 s. 9(3)(d), new s. 61(3)(d) inserted by No. 34/2003 s. 15(b), substituted by No. 6/2010 s. 200(3)
(Sch. 4 item 4.1) (as amended by No. 45/2010 s. 19).

S. 61(3)(e) amended by No. 63/1999 ss 5(3)(a), 6(3)(a), repealed by No. 63/1999 s. 9(3)(e).

S. 61(3)(ea) inserted by No. 45/1999 s. 12(1), amended by No. 95/2005 s. 9(2)(e), repealed by No. 26/2009 s. 7(5).

(h) a person specified in an Order under subsection (4), subject to any terms and conditions specified in that Order.

(4) The Governor in Council, by Order published in the Government Gazette, may declare that this section applies, on and from a date specified in the Order and subject to any terms and conditions specified in the Order, to a person specified in the Order that—

S. 61(4)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 8.6), 3/2017 s. 50(Sch. 1 item 6.7), 49/2019 s. 186(Sch. 4 item 35.17(a)).

(a) is a party to a contract with the Secretary or the Head, Transport for Victoria for the provision by that person of a passenger service; or

S. 61(4)(b) amended by Nos 54/2001 s. 31, 61/2011 s. 25(Sch. 1 item 8.7), 3/2017 s. 50(Sch. 1 item 6.7), 49/2019 s. 186(Sch. 4 item 35.17(b)).

(b) is a party to a lease with Rail Track, the Secretary or the Head, Transport for Victoria in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Head, Transport for Victoria or the Crown.

S. 62 substituted by No. 98/1998 s. 15.