68Civil penalty provisions

68 Civil penalty provisions

S. 68(1) amended by No. 49/2004 s. 21(1), substituted by No. 26/2009 s. 10(1).

(1) In this section—

S. 68(1) def. of agreement, lease or licence amended by Nos 61/2011 s. 25(Sch. 1 item 8.23), 3/2017 s. 50(Sch. 1 item 6.16), 49/2019 s. 186(Sch. 4 item 35.34).

agreement, lease or licence means—

(a) an agreement, lease or licence relating to, or connected with, a passenger service or public transport service entered into between the Secretary or the Head, Transport for Victoria and a person to whom this section applies;

(b) an agreement, lease or licence entered into between the Secretary, the Head, Transport for Victoria, a statutory body or any other person acting on behalf of the Crown and a person to whom this section applies under which—

(i) works are to be carried out which the Secretary, the Head, Transport for Victoria, the statutory body or any other person acting on behalf of the Crown considers on reasonable grounds may affect public transport operations or public transport infrastructure; or

(ii) a person is authorised to occupy land necessary for, or otherwise associated with, public transport operations or public transport infrastructure;

civil penalty provision means a provision in an agreement, lease or licence which is expressed to be a civil penalty provision for the purposes of this Act.

S. 68(2) amended by No. 61/2011 s. 25(Sch. 1 item 8.24).

(2) Despite anything to the contrary in any Act or law, a person who breaches a civil penalty provision is liable to pay, as a debt due to the State or other relevant party to the agreement, lease or licence, an amount determined in accordance with the agreement, lease or licence as the penalty for breach of that provision.

(a) a train operator;

(b) a tram operator;

S. 68(3)(ba) inserted by No. 49/2004 s. 21(2), amended by Nos 61/2011 s. 25(Sch. 1 item 8.25), 3/2017 s. 50(Sch. 1 item 6.7), 49/2019 s. 186(Sch. 4 item 35.35).

(ba) a person who is a party to a contract with the Secretary or the Head, Transport for Victoria (whether entered into before or after the commencement of section 21(2) of the Transport Legislation (Miscellaneous Amendments) Act 2004) for the provision by that person of a public transport service;

S. 68(3)(c) amended by No. 26/2009 s. 10(2).

(c) a person specified in an Order under subsection (4) or (5), 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—