65Tram infrastructure

65 Tram infrastructure

S. 65(1) amended by Nos 54/2001 s. 33, 61/2011 s. 25(Sch. 1 item 8.15), 3/2017 s. 50(Sch. 1 item 6.8), 49/2019 s. 186(Sch. 4 item 35.21(a)).

(1) Despite anything to the contrary in any other Act or law, a person to which this section applies may use tram infrastructure to which an agreement, lease or licence relating to, or connected with, a passenger service provided by that person applies (being an agreement, lease or licence between that person and Rail Track or that person and the Head, Transport for Victoria or that person and the Crown) subject to and in accordance with that agreement, lease or licence.

S. 65(2)(a) amended by No. 63/1999 ss 5(3)(e), 6(3)(e), repealed by No. 63/1999 s. 9(3)(p).

(c) a person specified in an Order under subsection (3), subject to any terms and conditions specified in that Order;

S. 65(2)(d) amended by No. 63/1999 s. 9(3)(q).

(d) a person authorised, in accordance with the agreement, lease or licence referred to in subsection (1), by a person referred to in paragraph (b) or (c) to exercise a power conferred on the authorising person by this section, subject to any terms and conditions specified in the authorisation.

(3) 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. 65(3)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 8.16), 3/2017 s. 50(Sch. 1 item 6.7), 49/2019 s. 186(Sch. 4 item 35.21(b)).

(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. 65(3)(b) amended by Nos 30/2000 s. 39(7), 61/2011 s. 25(Sch. 1 item 8.17), 3/2017 s. 50(Sch. 1 item 6.6), 49/2019 s. 186(Sch. 4 item 35.21(c)).

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

S. 66