Rail Management Act 1996
69Validity of certain provisions
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69 Validity of certain provisions
S. 69(1)
amended by Nos 61/2011 s. 25(Sch. 1 item 8.28), 3/2017 s. 50(Sch. 1 items 6.17, 6.18), 49/2019 s. 186(Sch. 4 item 35.37(a)).
(1) A provision in an agreement between the Head, Transport for Victoria and a person to which this section applies relating to, or connected with, a passenger service under which the Head, Transport for Victoria may require the sale, transfer or assignment to the State or the Head, Transport for Victoria or another person (including a provision relating to the exercise of the Head, Transport for Victoria's powers under Division 3) of property in which the person to which this section applies has an interest is not invalid by reason only of any mortgage, charge or other interest by way of security held by the State or the Head, Transport for Victoria in respect of the property or any part of the property.
S. 69(2)
amended by Nos 61/2011 s. 25(Sch. 1 item 8.29), 3/2017 s. 50(Sch. 1 item 6.17), 49/2019 s. 186(Sch. 4 item 35.37(b)).
(2) A provision in a mortgage, charge or other interest by way of security over property given by a person to which this section applies securing, or purporting to secure, payment to the State or the Head, Transport for Victoria of an amount that is, or may become, due or payable by the person to the State or the Head, Transport for Victoria is not invalid by reason only that the property includes an amount that is, or may become, due and payable by the State or the Head, Transport for Victoria.
(a) train operators;
(c) a person specified in an Order under subsection (4), subject to any terms and conditions specified in that Order;
S. 69(3)(d)
inserted by No. 45/1999 s. 13(1).
(d) a person specified in an agreement referred to in subsection (1) as a person to whom this section applies.
(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. 69(4)(a)
amended by Nos 61/2011 s. 25(Sch. 1 item 8.30), 3/2017 s. 50(Sch. 1 item 6.7), 49/2019 s. 186(Sch. 4 item 35.37(c)).
(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. 69(4)(b)
amended by Nos 45/1999 s. 13(2)(3), 30/2000 s. 39(10), 95/2005 s. 9(2)(e), 26/2009 s. 7(6), 61/2011 s. 25(Sch. 1 item 8.31), 3/2017 s. 50(Sch. 1 item 6.6), 49/2019 s. 186(Sch. 4 item 35.37(d)).
(b) is a party to a lease with Rail Track or 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; or