7 Nomination of operator and sector representatives 3
8 Appointment of members 5
Part 3—Tourist and Heritage Railway Group Register 6
9 Additional information to be recorded 6
10 Registration criteria 6
Part 4—Offences 8
11 Graffiti 8
12 Prohibited language 8
13 Prohibited behaviour 8
14 Trespassing on railway premises 8
15 Rubbish dumping 9
16 Interfering with equipment 9
17 Damaging equipment 9
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Endnotes 10
1 General information 10
2 Table of Amendments 12
3 Amendments Not in Operation 13
4 Explanatory details 14
Version No.001
Tourist and Heritage Railways Regulations 2021
S.R. No. 120/2021
Version as at
21 September 2021
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are to support the tourist and heritage railway sector and to promote improvement in the operational activities of that sector by—
(a) prescribing the appointment of members of the advisory committee established under section 8 of the Act; and
(b) prescribing the number of members and the composition of the advisory committee; and
(c) prescribing additional information to be included in the Tourist and Heritage Railway Group Register; and
(d) prescribing the criteria for registration on the Tourist and Heritage Railway Group Register; and
(e) creating certain offences.
2 Authorising provision
These Regulations are made under section 31 of the Tourist and Heritage Railways Act 2010.
3 Commencement
These Regulations come into operation on 21 September 2021.
4 Revocations
The following Regulations are revoked—
(a) the Tourist and Heritage Railways Regulations 2011[1];
(b) the Tourist and Heritage Railways Amendment Regulations 2014[2];
(c) the Tourist and Heritage Railways Amendment Regulations 2019[3].
5 Definitions
In these Regulations—
incorporated association has the same meaning as it has in section 3 of the Associations Incorporation Reform Act 2012;
public officer, of an incorporated association, has the same meaning as it has in section 3 of the Associations Incorporation Reform Act 2012;
the Act means the Tourist and Heritage Railways Act 2010.
Part 2—Advisory committee
6 Composition of advisory committee
(1) The advisory committee established under section 8 of the Act may consist of up to 8 members, comprising—
(a) the Registrar, who is to be the Chair; and
(b) up to 7 other persons appointed by VicTrack.
(2) The persons who may be appointed by VicTrack are the following—
(a) one person nominated by the Secretary to the Department of Jobs, Precincts and Regions and considered by the Secretary to have skills, knowledge or acumen in the area of tourism;
(b) one person nominated by the Chief Executive of Regional Development Victoria;
(c) one person nominated by the Secretary to the Department of Transport;
(d) up to 4 persons nominated in accordance with regulation 7 who represent, respectively, each of the groups of tourist and heritage railway operators described in that regulation;
(e) one or more persons nominated in accordance with regulation 7 who represent the tourist and heritage railway sector generally.
7 Nomination of operator and sector representatives
(1) VicTrack may seek nominations, from each of the following groups of tourist and heritage railway operators, for the appointment of a person to represent the group as a member of the advisory committee—
(a) the group of operators operating on a railway track with a gauge of 1435 mm or more (the broad gauge group);
(b) the group of operators operating on a railway track that is also used by a passenger transport company (the mainline group);
(c) the group of operators operating on a railway track with a gauge between 600 mm and 1067 mm (the narrow gauge group);
(d) the group of operators operating on a tramway track (the tramway group).
(2) A person may be nominated by a group of tourist and heritage railway operators if—
(a) the person is a member of the committee, board or governing body of one of the operators from that group; and
(b) a majority of the operators from that group agree to nominate the person.
(3) VicTrack may seek nominations, from any person involved in the tourist and heritage railway sector, for the appointment of a person to represent the sector generally as a member of the advisory committee.
(4) A nomination under this regulation must be in a form determined by VicTrack.
(5) If VicTrack is not satisfied that the appointment of a nominee is consistent with the requirements of regulation 8(3), VicTrack may decline the nomination and request that another person be nominated.
(6) In this regulation—
passenger transport company has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983.
8 Appointment of members
(1) VicTrack may, by written instrument, appoint a person to be a member of the advisory committee.
(2) VicTrack may determine the terms and conditions of the appointment.
(3) VicTrack must ensure that, collectively and to the extent possible, the operator and sector representatives nominated under regulation 7 and appointed under this regulation have skills, knowledge and acumen in each of the following areas—
(a) tourist and heritage railway operations;
(b) business;
(c) conservation of heritage assets;
(d) civil or mechanical engineering.
Part 3—Tourist and Heritage Railway Group Register
9 Additional information to be recorded
For the purposes of section 23(1)(g) of the Act, the following information is prescribed—
(a) if the operator is an incorporated association—the name of its public officer or secretary;
(b) if the operator is a company limited by guarantee—the name of its secretary.
10 Registration criteria
(1) For the purposes of Part 5 of the Act, the following registration criteria are prescribed—
(a) the operator is either an incorporated association or a company limited by guarantee;
(b) the operator has a committee, board or governing body;
(c) the operator has a policy on working with children;
(d) the operator has a business plan;
(e) the operator has an asset conservation plan;
(f) the operator has a marketing strategy.
(2) A tourist and heritage railway operator is taken to meet the criteria prescribed in subregulation (1)(e) or (f), as the case requires, if the operator—
(a) has commenced drafting the relevant asset conservation plan or marketing strategy; and
(b) completes drafting the relevant asset conservation plan or marketing strategy within a reasonable time after being included in the Tourist and Heritage Railway Group Register.
(3) VicTrack may specify any information that must be contained in a business plan, asset conservation plan or marketing strategy prescribed under subregulation (1).
Part 4—Offences
11 Graffiti
(1) A person must not mark graffiti on any tourist and heritage rail asset or railway premises unless the person has first obtained the express consent of the owner or custodian of the tourist and heritage rail asset or of the owner, occupier or lessee of the railway premises to do so.
Penalty: 10 penalty units.
(2) In this regulation—
mark graffiti has the same meaning as it has in section 3 of the Graffiti Prevention Act 2007.
12 Prohibited language
A person in or on a tourist and heritage rail asset or railway premises must not use indecent, obscene, offensive or threatening language.
Penalty: 10 penalty units.
13 Prohibited behaviour
A person in or on a tourist and heritage rail asset or railway premises must not behave in an obscene, offensive, threatening, disorderly or riotous manner.
Penalty: 10 penalty units.
14 Trespassing on railway premises
A person must not wilfully trespass on any railway premises or refuse to leave when requested by the owner or occupier of the railway premises.
Penalty: 20 penalty units.
15 Rubbish dumping
(1) A person must not deposit any solid or liquid domestic or commercial waste, refuse, debris or rubbish on any railway premises except in a receptacle provided for that purpose.
Penalty: 20 penalty units.
(2) In this regulation—
deposit means permanently part with possession of a thing.
16 Interfering with equipment
A person must not interfere with or attempt to interfere with any guide-post, bridge hand-rail, sign, notice, light or other fixture or equipment situated or placed on any railway premises unless the person has first obtained the express consent of the owner, occupier or lessee of the railway premises to do so.
Penalty: 20 penalty units.
17 Damaging equipment
A person must not damage or attempt to damage (other than by marking graffiti) any guide-post, bridge hand-rail, sign, notice, light or other fixture or equipment situated or placed on any railway premises.
Penalty: 20 penalty units.
Note
It is an offence to mark graffiti on any tourist and heritage rail asset or railway premises—see regulation 11.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Tourist and Heritage Railways Regulations 2021, S.R. No. 120/2021 were made on 21 September 2021 by the Governor in Council under section 31 of the Tourist and Heritage Railways Act 2010, No. 79/2010 and came into operation on 21 September 2021: regulation 3.
The Tourist and Heritage Railways Regulations 2021 will sunset 10 years after the day of making on 21 September 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Tourist and Heritage Railways Regulations 2021 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
Reg. 4(a): S.R. No. 102/2011 as amended by S.R. Nos 198/2014 and 167/2019. ↑
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑