70Assets of certain operators

70 Assets of certain operators

S. 70(1) amended by Nos 61/2011 s. 25(Sch. 1 item 8.32), 3/2017 s. 50(Sch. 1 item 6.17), 49/2019 s. 186(Sch. 4 item 35.38(a)).

(1) If a provision of an agreement between the Head, Transport for Victoria and a person to which this section applies (the operator) provides for the transfer of relevant assets of the operator to the Head, Transport for Victoria or any other person at the end of the term of the agreement or in specified circumstances, being a provision that, under the agreement, is expressed to be a transfer provision for the purposes of this Division, the Head, Transport for Victoria may give to the Minister, at a time, or within a period, determined under the agreement, a statement or statements approved by the Minister relating to the relevant assets.

(a) train operators;

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

S. 70(2)(d)
inserted by No. 45/1999 s. 13(4).

(d) a person specified in an agreement referred to in subsection (1) as a person to whom this section applies.

(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. 70(3)(a)
amended by Nos 61/2011 s. 25(Sch. 1 item 8.33), 3/2017 s. 50(Sch. 1 item 6.7), 49/2019 s. 186(Sch. 4 item 35.38(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. 70(3)(b)
amended by Nos 45/1999 s. 13(5)(6), 30/2000 s. 39(11), 95/2005 s. 9(2)(e), 26/2009 s. 7(6), 61/2011 s. 25(Sch. 1 item 8.34), 3/2017 s. 50(Sch. 1 item 6.6), 49/2019 s. 186(Sch. 4 item 35.38(c)).

(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

S. 70(3)(c)
inserted by No. 45/1999 s. 13(6).

(c) is the owner of, or has an interest in, rolling stock used by a person who is a party to a contract or lease referred to in paragraph (a) or (b); or

S. 70(3)(d)
inserted by No. 45/1999 s. 13(6).

(d) provides services to a person who is a party to a contract or lease referred to in paragraph (a) or (b).

S. 71