220DHead, Transport for Victoria may determine conditions

220D Head, Transport for Victoria may determine conditions S. 220D(1) amended by Nos 61/2011 s. 25(Sch. 2 item 5.1), 7/2019 s. 48(2). (1) The Head, Transport for Victoria may determine any conditions to which an entitlement to use a specified public transport service provided by a passenger transport company or a bus company is to be subject. S. 220D(1A) inserted by No. 69/2007 s. 22. (1A) A condition determined under subsection (1) may apply, adopt or incorporate any matter contained in any document whether— (a) wholly or partially or as amended by the condition; or (b) as in force at a particular time or as in force from time to time. S. 220D(1B) inserted by No. 61/2011 s. 24(1), amended by Nos 7/2019 s. 48(3), 49/2019 s. 186(Sch. 4 item 45.35), repealed by No. 41/2020 s. 54. S. 220D(2) amended by Nos 61/2011 s. 25(Sch. 2 item 5.1), 7/2019 s. 48(4). (2) The Head, Transport for Victoria must publish any conditions determined under subsection (1) in the Government Gazette. (3) An entitlement to use a public transport service is subject to any condition determined under subsection (1) that has been published in the Government Gazette and that applies to the entitlement. S. 220D(4) amended by No. 61/2011 s. 24(2). (4) Subject to subsection (4A), if there is any inconsistency between a condition that has been determined under subsection (1) and published in the Government Gazette and any other condition relating to an entitlement to use a public transport service, the condition determined under subsection (1) is to prevail. S. 220D(4A) inserted by No. 61/2011 s. 24(3). (4A) If there is an inconsistency between a condition that has been determined under subsection (1) and any regulations made under section 221AA, the regulations prevail to the extent of the inconsistency. S. 220D(5) amended by Nos 61/2011 s. 25(Sch. 2 item 5.1), 7/2019 s. 48(4). (5) The Head, Transport for Victoria may, under subsection (1), determine conditions that are to apply in respect of entitlements that exist, but that have not been exercised, before the conditions are published in the Government Gazette. (6) Any conditions that were determined and published under section 221(1A) and that were in force immediately before the date of commencement of section 24 of the **Transport Legislation (Further Miscellaneous Amendments) Act 2005** are deemed to have been determined and published under this section. S. 220DA inserted by No. 69/2007 s. 23. 220DA Conditions relating to overseas student travel (1) The conditions determined under section 220D(1) may include a condition providing that overseas students or specified classes of overseas students are not eligible for student concessions to use a public transport service. (2) If the conditions under section 220D include a condition of a kind referred to in subsection (1), overseas students or overseas students of a class specified in the condition are not entitled to student concessions to use a public transport service to which the condition applies. S. 220DA(3) amended by Nos 16/2010 s. 209(Sch. item 9) (as amended by No. 29/2011 s. 3(Sch. 1 item 34)), 61/2011 s. 25(Sch. 2 item 5.1), 7/2019 s. 49. (3) The determination or publication by the Head, Transport for Victoria under section 220D of, or compliance by a person with, a condition of a kind referred to in subsection (1) does not constitute discrimination on the basis of race for the purposes of the **Equal Opportunity Act 2010**. (4) For the avoidance of doubt it is declared that— S. 220DA(4)(a) amended by No. 61/2011 s. 25(Sch. 1 item 13.10). (a) the determination or publication by the Director of Public Transport under section 220D of, or the compliance by a person with, any condition determined under section 220D before the commencement day; or S. 220DA(4)(b) amended by No. 61/2011 s. 25(Sch. 1 item 13.10). (b) the approval by the Secretary or Director of Public Transport of the determination of, or the determination or publication by a passenger transport company or a bus company of, or the compliance by any person with, any condition determined under section 221(1A) before its repeal— that provided that overseas students or overseas students of a class specified in the condition were not eligible for student concessions to use a public transport service is to be taken— (c) never to have constituted discrimination on the basis of race for the purposes only of the **Equal Opportunity Act 1995**; and (d) to be and always to have been conduct that was authorised. (5) Subsection (4) does not apply to affect— (a) any decision in respect of, or any proceeding arising from, Complaint No. 3064890 before the Victorian Human Rights and Equal Opportunity Commission to the extent only that that complaint or proceeding applies to the individual named in the complaint, as at 23 March 2007, as the person on whose behalf the complaint was lodged; or (b) any proceeding that was completed or in which judgment was given before the commencement day. (6) In this section— ***commencement day*** means the date of commencement of section 23 of the **Transport Legislation Amendment Act 2007**; ***overseas student*** means a person holding a visa under the Migration Act 1958 of the Commonwealth which allows the person, whether expressly or otherwise, to study in Victoria but does not include a person who is— (a) an Australian citizen; or (b) a permanent resident of Australia; or (c) a student with refugee status; or (d) an overseas exchange student; or (e) in receipt of an Australian Development Scholarship from the Commonwealth Government. Ss 220DB– 220DE inserted by No. 80/2013 s. 8, repealed by No. 71/2016 s. 7. S. 221 amended by Nos 100/1986 s. 35, 25/1989 s. 47, 44/1989 s. 40(Sch. 1 items 2.2, 19.1), 120/1993 ss 65(2), 66(5)–(8), 76, 60/1994 s. 25(1), 68/1995 s. 47, 104/1997 s. 35, 98/1998 ss 25(d), 34, 45/1999 ss 25, 26, 30/2000 s. 24, 34/2003 s. 11, 101/2003 s. 17(10), 110/2004 s. 55, 95/2005 s. 24, 47/2006 s. 31(1) (Sch. 1 Pt 1 item 15(c)(d)), 28/2007 s. 3(Sch. item 66.2), 61/2011 s. 25(Sch. 1 item 13.11, Sch. 2 item 5.1), 3/2017 s. 50 (Sch. 1 items 10.7, 10.8), 49/2019 s. 186(Sch. 4 item 45.36), substituted by No. 34/2023 s. 63.[[12]](#endnote-13) 221 Unauthorised use or disclosure of public transport movement information (1) A relevant entity must not use public transport movement information except in accordance with this section. Penalty: 50 penalty units. (2) A relevant entity must not disclose public transport movement information to any entity except in accordance with this section. Penalty: 50 penalty units. (3) A relevant entity may use public transport movement information— (a) in connection with the administration of this Act or regulations made under this Act; or (b) for the purposes of a legal proceeding, or a report of a legal proceeding, arising from the operation of this Act or regulations made under this Act; or (c) for a prescribed purpose; or (d) in accordance with a written direction of the Minister. (4) A relevant entity may disclose public transport movement information— (a) in connection with the administration of this Act or regulations made under this Act; or (b) for the purposes of a legal proceeding, or a report of a legal proceeding, arising from the operation of this Act or regulations made under this Act; or (c) in accordance with a written direction of the Minister; or (d) to a person who— (i) is certified in writing by the Secretary or the Head, Transport for Victoria to be a public transport industry ombudsman; and (ii) has an appropriate privacy protection policy in operation for the type of public transport movement information that the relevant entity proposes to disclose; and (iii) states in writing that the information is needed to investigate or otherwise deal with a complaint made to the person regarding public transport; or (e) to the Secretary, if the relevant entity is— (i) a passenger transport company; or (ii) a bus company; or (iii) a person who is employed by, or engaged to provide services for, a passenger transport company or a bus company and who is authorised by the company to disclose that information to the Secretary; or (iv) the Head, Transport for Victoria; or (v) an authorised officer; or (f) to the Head, Transport for Victoria, if the relevant entity is— (i) a passenger transport company; or (ii) a bus company; or (iii) a person who is employed by, or engaged to provide services for, a passenger transport company or a bus company and who is authorised by the company to disclose that information to the Head, Transport for Victoria; or (iv) the Secretary; or (v) an authorised officer. (5) A prescribed relevant entity may disclose prescribed public transport movement information to a prescribed entity for a prescribed purpose. (6) The Minister must publish a direction under subsection (3)(d) or (4)(c) in the Government Gazette as soon as practicable, unless— (a) the direction contains personal information or health information; or (b) publication is inappropriate for any other reason. (7) A written direction under subsection (3)(d) or (4)(c) expires on— (a) the first anniversary of the day on which it is made; or (b) any earlier day as specified in the direction. (8) In this section— ***health information*** has the same meaning as in the **Health Records Act 2001**; ***personal information*** has the same meaning as in the **Privacy and Data Protection Act 2014**; ***public transport movement information*** means information or data relating to the movement of an individual into, out of or within a carriage or ticketed area; ***relevant entity*** means— (a) a passenger transport company; or (b) a bus company; or (c) a person who is employed by, or engaged to provide services for, a passenger transport company or a bus company; or (d) the Secretary; or (e) the Head, Transport for Victoria; or (f) an authorised officer; ***ticketed area*** means any premises or land— (a) that is the property of or occupied by the Secretary, the Head, Transport for Victoria, a passenger transport company or a bus company; and (b) for which a ticket is required to enter. S. 221AA inserted by No. 101/2003 s. 13, substituted by No. 95/2005 s. 25. 221AA Regulations concerning entitlement to use public transport services S. 221AA(1)(a) amended by Nos 80/2013 s. 9, 71/2016 s. 8, substituted by No. 56/2025 s. 27(a). (a) regulating tickets including, for example— (i) regulating or specifying methods of obtaining a ticket and proving that a ticket exists; (ii) regulating the use of tokens, including specifying the circumstances in which a token, or anything that is claimed to be a token, is to be surrendered; S. 221AA(1)(b) amended by No. 56/2025 s. 27(b). (b) deeming the existence of contracts, or the elements of contracts, between providers, sellers (whether retail or otherwise), buyers or users of tickets, or providers of a public transport service, in relation to those tickets, and regulating or specifying the contents of those contracts; Under a particular ticketing system a person may be able to buy a ticket to use a tram operated by a passenger transport company from an agency that is independent of the company, and then to give that ticket to a person who uses it to travel on the tram. Paragraph (b) enables the making of a regulation that could deem a contract to exist between the passenger transport company and the person on the tram. (c) ensuring that those using, or who have used, public transport services are, or were at the time of use, entitled to do so including, for example— S. 221AA (1)(c)(i) substituted by No. 56/2025 s. 27(c). (i) providing for the ascertainment of whether a person using, or who has used, a public transport service was entitled to do so, and providing for the inspection, reading, scanning and testing (by whatever means, including electronic means), whether before, during or after the use, of tickets or tokens; (ii) providing for the inspection of any documents that are required to show that the correct amount has been paid for a particular entitlement; S. 221AA (1)(ca) inserted by No. 56/2025 s. 27(d). (ca) prescribing a computer system and the related processes for the purpose of collecting, managing, processing, summarising, storing and transmitting information relating to concession entitlements for public transport services; (d) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to ensure that users of public transport services fairly contribute to the cost of providing the services. (2) The regulations— (a) may be of general or of specially limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or a specified class of person; or (iii) as specified in both subparagraphs (i) and (ii); and (d) may apply, adopt or incorporate any matter contained in any document whether— (ii) as in force at a particular time or as in force from time to time; and (e) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and (f) may provide in a specified case or class of case for the exemption of people or things from any of the provisions of this Act or the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and (g) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations. Pt 7 Div. 4AA (Heading and ss 221A–221S) inserted by No. 45/1999 s. 27. Division 4AA—Authorisation of persons for the purposes of enforcement S. 221A inserted by No. 45/1999 s. 27, substituted by No. 101/2003 s. 18, amended by Nos 47/2006 s. 16, 34/2011 s. 63. 221A Authorisation of Departmental authorised officers The Secretary may authorise a person who is employed or engaged by the Department to act as an authorised officer for the purposes of this Part. S. 221AB inserted by No. 101/2003 s. 18, amended by No. 95/2005 s. 27(1)(2) (ILA s. 39B(1)). 221AB Authorisation of other authorised officers S. 221AB(1) amended by Nos 47/2006 s. 17(a), 34/2011 s. 64. (1) The Secretary may authorise a person who is employed or engaged by a passenger transport or bus company to act as an authorised officer for the purposes of this Part. S. 221AB(2) inserted by No. 95/2005 s. 27(1)(2), amended by Nos 47/2006 s. 17(b), 34/2011 s. 64. (2) The Secretary may authorise a person who is employed or engaged by the Bus Association Victoria to act as an authorised officer for the purposes of this Part. S. 221B inserted by No. 45/1999 s. 27. 221B Application for authorisation S. 221B(1) substituted by No. 101/2003 s. 19(1), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 16(a)), 34/2011 s. 65(1). (1) A person may apply to the Secretary for authorisation under section 221AB to act as an authorised officer. S. 221B(2)(a) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 16(b)), 34/2011 s. 65(1). (a) must be in the manner and form determined by the Secretary; (i) the prescribed application fee, if any; S. 221B(3) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 16(c)), 34/2011 s. 65(2). (3) The Secretary may require an applicant— S. 221B(3)(a) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 16(c)), 34/2011 s. 65(2). (a) to furnish his or her date of birth, address and any further information specified by the Secretary; or S. 221C (Heading) inserted by No. 101/2003 s. 19(2). S. 221C inserted by No. 45/1999 s. 27, amended by Nos 101/2003 s. 19(3)(4), 95/2005 s. 27(1)(4) (ILA s. 39B(1)). 221C Qualification requirements S. 221C(1) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 17(a)), 34/2011 s. 66. (1) The Secretary may only give a person an authorisation to act as an authorised officer if the Secretary is satisfied that the person— S. 221C(1)(a) amended by No. 95/2005 s. 28. (a) is competent to exercise the functions conferred on an authorised officer by this Part; and (b) is of good repute, having regard to character, honesty and integrity; and S. 221C(1)(c) amended by Nos 95/2005 s. 28, 47/2006 s. 31(1)(Sch. 1 Pt 1 item 17(a)), 34/2011 s. 66. (c) has agreed in writing to exercise the functions conferred on an authorised officer by this Part according to performance criteria established from time to time by the Secretary; and S. 221C(1)(d) amended by Nos 95/2005 s. 27(1)(3), 47/2006 s. 31(1)(Sch. 1 Pt 1 item 17(a)), 34/2011 s. 66. (d) in the case of a person who is employed or engaged by a passenger transport company or bus company, is employed or engaged by a passenger transport company or bus company that is accredited by the Secretary under Division 4A. S. 221C(2) inserted by No. 95/2005 s. 27(1)(4), amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 17(b)), 34/2011 s. 66. (2) In addition, in the case of a person who is employed or engaged by the Bus Association Victoria, the Secretary may only give the person an authorisation to act as an authorised officer if the Bus Association Victoria is accredited by the Secretary under Division 4A. S. 221CA inserted by No. 101/2003 s. 20. 221CA Time limits on section 221AB authorisations S. 221CA(1) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 18(a)), 34/2011 s. 67. (1) In giving a person an authorisation under section 221AB, the Secretary must specify the period for which the authorisation remains valid. S. 221CA(2) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 18(b)), 34/2011 s. 67. (2) The Secretary must not specify a period that is greater than the maximum (if any) specified by the regulations for the purposes of this section. S. 221CB inserted by No. 95/2005 s. 29. 221CB Scope of authorisation may be limited S. 221CB(1) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 19(a)), 34/2011 s. 68. (1) The Secretary may at any time limit the scope of an authorisation given to a person by— (a) specifying that the person may only exercise specified powers or functions under the authorisation; or (b) specifying that the person may not exercise specified powers or functions under the authorisation. S. 221CB(2) amended by Nos 47/2006 s. 31(1)(Sch. 1 Pt 1 item 19(b)), 34/2011 s. 68. (2) If the Secretary limits the scope of a person's authorisation, he or she must give the person written details of the limitations that apply to the authorisation. (3) A limitation on a person's authorisation under this section only takes effect when the person receives the details required by subsection (2). S. 221CC inserted by No. 95/2005 s. 29. 221CC Non-compliance with a limit A person whose authorisation is subject to a limit imposed under section 221CB must not knowingly exercise, or attempt to exercise, a power or function in contravention of the limit. 1. 10 penalty units S. 221D inserted by No. 45/1999 s. 27.