246CRail Corporations and Transport Acts (Amendment) Act 1999

246C Rail Corporations and Transport Acts (Amendment) Act 1999 (1) Subject to subsection (3) and (4), any officer or employee of the Public Transport Corporation who, immediately before their transfer under Division 3 of Part 3 of the **Rail Corporations Act 1996** to another passenger transport company, was authorised under section 211, 218B, 221 or 229 continues, on and from that transfer, to be authorised under that provision, for a period of 12 months after the date of that transfer or until they cease to be an employee of a passenger transport company (whichever occurs sooner). (2) Subject to subsection (3), a person employed in the Department under Part 3 of the **Public Sector Management and Employment Act 1998** who, immediately before their employment under that Part, was an officer of the Public Transport Corporation authorised under section 211, 218B, 221 or 229 continues, on and from their date of employment under that Part, to be authorised under those provisions, for a period of 12 months after that date or until they cease to be employed in the Department under that Part (whichever occurs sooner). (3) The Secretary may at any time, in writing, revoke or suspend an authorisation that has continued by force of this section. (4) On or after the transfer of a person to whom subsection (1) applies, an authorisation of that person— (a) under section 211 ceases to be an authorisation in relation to a transport infringement; and (b) under section 229 is only with respect to a ticket offence. S. 246CAA inserted by No. 47/2006 s. 61. 246CAA Rail Safety Act 2006—Authorised officers for drug and alcohol testing (1) A person who, immediately before the relevant date, was an authorised officer appointed by the Secretary under section 100A is, on the relevant date, deemed to be appointed under section 228T— (a) as a transport safety officer; and (b) subject to the same restrictions that applied to his or her appointment under section 100A. (2) Despite section 228U, the Safety Director is not required to issue a person referred to in subsection (1) an identity card. (3) However, section 228W applies to a person referred to in subsection (1) as if a reference in that section to an identity card were a reference to the certificate issued to the person by the Secretary under section 100A(4). (4) In this section— ***relevant date*** means the day on which section 125 of the **Rail Safety Act 2006** comes into operation. Pt 8 Div. 1B (Heading and ss 246CA–246CZD) inserted by No. 25/2005 s. 15. Division 1B—Validation S. 246CA inserted by No. 25/2005 s. 15. 246CA Definitions ***MTA*** means the Metropolitan Transit Authority established under section 15 (as in force before 1 July 1989); ***PTC*** means the Public Transport Corporation established under section 13 (as substituted by section 9 of the **Transport (Amendment) Act 1989** and in force before 30 June 2003); ***STA*** means the State Transport Authority established under section 13 (as in force before 1 July 1989). S. 246CB inserted by No. 25/2005 s. 15. 246CB Authorized officers for the purposes of sections 212 and 213 appointed by MTA and STA (1) Anything done or that is purported to have been done by a relevant person under section 212 or 213 during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorized officer by the Managing Director of the MTA or STA (as the case requires) under section 212(2) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed. (2) In addition, the relevant person is deemed to have been validly appointed as an authorized officer under section 212(2) during the relevant period. 1 1 July 1983 is the day on which section 212 came into operation. See section 1(2)(c). 2 30 June 1989 is the day before the day on which section 40 of and items 12, 13, and 19.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted references to the PTC and the Chief Executive of the PTC. ***relevant person*** means an officer of the MTA or STA whom the Managing Director of the MTA or STA (as the case requires) purportedly appointed to be an authorized officer under section 212(2) during the relevant period. S. 246CC inserted by No. 25/2005 s. 15. 246CC Authorised officers for the purposes of Division 2 of Part VII appointed by PTC (1) Anything done or that is purported to have been done by a relevant person under section 212 or 213 during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorized officer by the Chief Executive of the PTC under section 212(2) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed. (2) In addition, the relevant person is deemed to have been validly appointed as an authorized officer under section 212(2) during the relevant period. ***relevant period*** means the period beginning on 1 July 1989 and ending on 7 August 1990; 1 1 July 1989 is the day on which section 40 of and items 12, 13, and 19.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted references to the PTC and the Chief Executive of the PTC. 2 7 August 1990 is the day before the day on which section 42 of the **Crimes Legislation (Miscellaneous Amendments) Act 1989** (No. 25/1989) came into operation. That section substituted new sections 211 to 215. ***relevant person*** means an officer of the PTC whom the Chief Executive of the PTC purportedly appointed to be an authorized officer under section 212(2) during the relevant period. (4) Anything done or that is purported to have been done by a relevant person under Division 2 of Part VII during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorised officer by the Chief Executive of the PTC or the PTC (as the case requires) under section 211 has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed. (5) In addition, the relevant person is deemed to have been validly appointed as an authorised officer under section 211 during the relevant period. ***relevant period*** means the period beginning on 8 August 1990 and ending on 30 May 2000; 1 8 August 1990 is the day on which section 42 of the **Crimes Legislation (Miscellaneous Amendments) Act 1989** (No. 25/1989) came into operation. That section inserted a new section 211 which contained a new definition of ***authorised officer***. 2 30 May 2000 is the day before the day on which section 18 of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section amended the definition of ***authorised officer*** in section 211(1) to take out references to the PTC. ***relevant person*** means an officer of the PTC whom the Chief Executive of the PTC, or the PTC, (as the case requires) purportedly appointed to be an authorised officer under section 211 during the relevant period. S. 246CD inserted by No. 25/2005 s. 15. 246CD Authorised officers for the purposes of section Division 2 of Part II appointed by Secretary (1) Anything done or that is purported to have been done by a relevant person under Division 2 of Part VII during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorised officer by the Secretary under section 211(1) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed. (2) In addition, the relevant person is deemed to have been validly appointed as an authorised officer under section 211(1) during the relevant period. ***relevant period*** means the period beginning on 23 November 1995 and ending on 2 December 2003; 1 23 November 1995 is the day on which section 45 of the **Public Transport Competition Act 1995** (No. 68/1995) came into operation. That section amended the definition of ***authorised officer*** to empower the Secretary to appoint authorised officers. 2 2 December 2003 is the day before the day on which section 15(2) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section repealed section 211 on 3 December 2003. ***relevant person*** means a person whom the Secretary purportedly appointed to be an authorised officer under section 211(1) during the relevant period. (4) Anything done or that is purported to have been done by a relevant person under section 212 or 213 during the relevant period that would have been validly or lawfully done had— (a) that relevant person been validly authorised to act as an authorised officer by the Secretary under section 221A or 221AB (as the case requires) for the purposes of Part VII; and (b) in the case of a purported authorisation under section 221AB, regulations been in force under this Act during the relevant period prescribing— has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised, and in the case of a purported authorisation under section 221AB, such regulations had been in force. (5) In addition, the relevant person is deemed to be, and have always been, validly authorised to act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII. ***relevant period*** means the period beginning on 3 December 2003 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation; 3 December 2003 is the day on which section 15(1) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section inserted a new definition of ***authorised officer*** into section 208. ***relevant person*** means a person whom the Secretary purportedly authorised to, during the relevant period, act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII. S. 246CE inserted by No. 25/2005 s. 15. 246CE Authorized officer for the purposes of section 218 appointed by the MTA or STA (1) Anything done or that is purported to have been done by a relevant person under section 218 during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorized officer by the Managing Director of the MTA or STA, or the MTA or STA, (as the case requires) under section 218(1) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed. (2) In addition, the relevant person is deemed to have been validly appointed as an authorized officer under section 218(1) during the relevant period. 1 1 July 1983 is the day on which section 218 came into operation. See section 1(2)(c). 2 30 June 1989 is the day before the day on which section 40 of, and item 23 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted a new section 218(1). ***relevant person*** means an officer of the MTA or the STA whom the Managing Director of the MTA or STA, or the MTA or STA, (as the case requires) purportedly appointed to be an authorized officer under section 218(1) during the relevant period. S. 246CF inserted by No. 25/2005 s. 15. 246CF Authorized officer for the purposes of section 218 or 218B appointed by the PTC under section 218(1) (1) Anything done or that is purported to have been done by a relevant person under section 218 or 218B during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorized officer by the PTC under section 218(1) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed. (2) In addition, the relevant person is deemed to have been validly appointed as an authorized officer under section 218(1) during the relevant period. ***relevant period*** means the period beginning on 1 July 1989 and ending on 30 May 2000; Note to s. 246CF(3) def. of *relevant period* amended by No. 9/2006 s. 129. 1 1 July 1989 is the day on which section 40 of, and item 23 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted a new section 218(1). 2 30 May 2000 is the day before the day on which section 19 of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section repealed section 218. ***relevant person*** means an officer of the PTC whom the PTC purportedly appointed to be an authorized officer under section 218(1) during the relevant period. S. 246CG inserted by No. 25/2005 s. 15. 246CG Authorised officers for the purposes of section 218B appointed by PTC under that section (1) Anything done or that is purported to have been done by a relevant person under section 218B during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorized officer by the PTC under section 218B(1), has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed. (2) In addition, the relevant person is deemed to have been validly appointed as an authorized officer under section 218B(1) during the relevant period. ***relevant period*** means the period beginning on 7 December 1993 and ending on 30 May 2000; 1 7 December 1993 is the day on which section 67 of the **Transport (Amendment) Act 1993** (No. 120/1993) came into operation. That section inserted a new section 218B(1). 2 30 May 2000 is the day before the day on which section 19 of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section repealed section 218. ***relevant person*** means an officer of the PTC whom the PTC purportedly appointed to be an authorized officer under section 218B(1) during the relevant period. S. 246CH inserted by No. 25/2005 s. 15. 246CH Authorised officers for the purposes of section 218B by Secretary (1) Anything done or that is purported to have been done by a relevant person under section 218B during the relevant period that would have been validly or lawfully done had that relevant person been validly appointed as an authorised officer by the Secretary under section 218B(1) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so appointed. (2) In addition, the relevant person is deemed to have been validly appointed as an authorised officer under section 218B(1) during the relevant period. ***relevant period*** means the period beginning on 23 November 1995 and ending on 2 December 2003; 1 23 November 1995 is the day on which section 46 of the **Public Transport Competition Act 1995** (No. 68/1995) came into operation. That section amended the definition of ***authorised officer*** to empower the Secretary to appoint authorised officers for the purposes of the section. 2 2 December 2003 is the day before the day section 17(5) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section repealed section 218B(1) on 3 December 2003. ***relevant person*** means a person whom the Secretary purportedly appointed to be an authorised officer under section 218B(1) during the relevant period. (4) Anything done or that is purported to have been done by a relevant person under section 218B during the relevant period that would have been validly or lawfully done had— (a) that relevant person been validly authorised to act as an authorised officer by the Secretary under section 221A or 221AB (as the case requires) for the purposes of Part VII; and (b) in the case of a purported authorisation under section 221AB, regulations been in force under this Act during the relevant period prescribing— has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised, and in the case of a purported authorisation under section 221AB, such regulations had been in force. (5) In addition, the relevant person is deemed to be, and have always been, validly authorised to act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII. ***relevant period*** means the period beginning on 3 December 2003 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation; 3 December 2003 is the day on which section 15(1) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section inserted a new definition of ***authorised officer*** into section 208. ***relevant person*** means a person whom the Secretary purportedly authorised to, during the relevant period, act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII. S. 246CI inserted by No. 25/2005 s. 15. 246CI Officers of the MTA and STA authorized for the purposes of section 219(2) or (4) (1) Anything done or that is purported to have been done by a relevant person under section 219(2) or (4) during the relevant period that would have been validly or lawfully done had that person been validly authorized under the relevant subsection by the MTA or STA to do the thing provided for by the relevant subsection, has, and is deemed always to have had, the same force and effect as it would have had if that officer had been so authorized. (2) In addition, the relevant person is deemed to have been validly authorized under section 219(2) or (4) (as the case requires) during the relevant period. ***relevant period*** means the period beginning on 17 December 1986 and ending on 30 June 1989; 1 17 December 1986 is the day on which section 33(b) of the **Transport (Amendment) Act 1986** (No. 100/1986) came into operation. That section inserted section 219(2) and (4). 2 30 June 1989 is the day before the day on which section 40 of, and items 18 and 19 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted references to the PTC. ***relevant person*** means an officer of the MTA or STA whom the MTA or STA (as the case requires) purportedly authorized under section 219(2) or (4) to do the thing provided for under the relevant subsection during the relevant period. S. 246CJ inserted by No. 25/2005 s. 15. 246CJ Officers of the PTC authorised for the purposes of section 219(2), (4) or (7) (1) Anything done or that is purported to have been done by a relevant person under section 219(2) or (4) during the relevant period that would have been validly or lawfully done had that relevant person been validly authorized under the relevant subsection by the PTC to do the thing provided for by the relevant subsection, has, and is deemed always to have had, the same force and effect as it would have had if that person had been so authorized. (2) In addition, the relevant person is deemed to have been validly authorized under section 219(2) or (4) (as the case requires) during the relevant period. ***relevant period*** means the period beginning on 1 July 1989 and ending on 31 December 1997; 1 1 July 1989 is the day on which section 40 of, and items 18 and 19 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted references to the PTC. 2 31 December 1997 is the day before the day on which section 10 of the **Transport (Rail Safety) Act 1996** (No. 28/1996) came into operation. That section substituted a new section 219. ***relevant person*** means an officer of the PTC whom the PTC purportedly authorized under section 219(2) or (4) to do the thing provided for under the relevant subsection during the relevant period. (4) Anything done or that is purported to have been done by a relevant person under section 219(7) during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised under that subsection by the PTC to do the thing provided for by that subsection, has, and is deemed always to have had, the same force and effect as it would have had if that person had been so authorised. (5) In addition, the relevant person is deemed to have been validly authorized under section 219(7) during the relevant period. ***relevant period*** means the period beginning on 1 January 1998 and ending on 29 June 2003; 1 1 January 1998 is the day on which section 10 of the **Transport (Rail Safety) Act 1996** (No. 28/1996) came into operation. That section substituted a new section 219. 2 29 June 2003 is the day before the day on which section 19(2) of the **Transport (Further Amendment) Act 2001** (No. 54/2001) came into operation. That section repealed section 219(7). ***relevant person*** means an officer of the PTC whom the PTC purportedly authorised under section 219(7) to do the thing provided for under that subsection during the relevant period. S. 246CK inserted by No. 25/2005 s. 15. 246CK Officers of the PTC authorised for the purposes of section 219A (1) Anything done or that is purported to have been done by a relevant person under section 219A during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised under section 219A(2) by the PTC to do the thing provided for by that section, has, and is deemed always to have had, the same force and effect as it would have had if that person had been so authorised. (2) In addition, the relevant person is deemed to have been validly authorized under section 219A(2) during the relevant period. ***relevant period*** means the period beginning on 1 January 1998 and ending on 29 June 2003; 1 1 January 1998 is the day on which section 10 of the **Transport (Rail Safety) Act 1996** (No. 28/1996) came into operation. That section substituted a new section 219A. 2 30 May 2000 is the day before the day on which section 22 of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section repealed section 219A. ***relevant person*** means an officer of the PTC whom the PTC purportedly authorised under section 219A(2) to do the thing provided for under that subsection during the relevant period. S. 246CL inserted by No. 25/2005 s. 15. 246CL Relevant employees and authorised officers for the purposes of section 219 (1) Anything done or that is purported to have been done by a relevant person under section 219 during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised as a relevant employee by the Secretary under section 219(1A)(b) for the purposes of section 219 has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised. (2) In addition, the relevant person is deemed to have been validly authorised as an authorised officer under section 219(1A)(b) for the purposes of section 219 during the relevant period. ***relevant period*** means the period beginning on 23 December 1999 and ending on 3 December 2003; 1 23 December 1999 is the day on which section 10 of the **Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999** (No. 63/1999) came into operation. That section inserted section 219(1A). 2 2 December 2003 is the day before the day on which section 17(5) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section repealed section 219(1A). ***relevant person*** means a person whom the Secretary purportedly authorised to be a relevant employee under section 219(1A)(b) during the relevant period. (4) Anything done or that is purported to have been done by a relevant person under section 219 during the relevant period that would have been validly or lawfully done had— (a) that relevant person been validly authorised to act as an authorised officer by the Secretary under section 221A or 221AB (as the case requires) for the purposes of Part VII; and (b) in the case of a purported authorisation under section 221AB, regulations been in force under this Act during the relevant period prescribing— has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised, and in the case of a purported authorisation under section 221AB, such regulations had been in force. (5) In addition, the relevant person is deemed to be, and have always been, validly authorised to act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII. ***relevant period*** means the period beginning on 3 December 2003 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation; 3 December 2003 is the day on which section 15(1) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section inserted a new definition of ***authorised officer*** into section 208. ***relevant person*** means a person whom the Secretary purportedly authorised to, during the relevant period, act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII. S. 246CM inserted by No. 25/2005 s. 15. 246CM Authorised persons for the purposes of section 219AA (1) Anything done or that is purported to have been done by a relevant person under section 219AA during the relevant period that would have been validly or lawfully done had— (i) validly authorised as an authorised person by the Secretary under section 219AA(1) for the purposes of section 219AA; and (ii) given an authorisation by the Secretary under Division 4AA of Part VII for the purposes of section 219AA; and (2) In addition, the relevant person is deemed to have been validly authorised as an authorised person under section 219AA(1) for the purposes of section 219AA during the relevant period. 1 24 August 1999 is the day on which section 32 of the **Rail Corporations (Further Amendment) Act 1998** (No. 98/1998) came into operation. That section inserted section 219AA. 2 2 December 2003 is the day before the day section 17(8) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section repealed section 219AA. (a) whom the Secretary purportedly authorised to be an authorised person under section 219AA(1) for the purposes of section 219AA during the relevant period; and (b) to whom the Secretary purportedly gave an authorisation under Division 4AA of Part VII for the purposes of section 219AA that existed during the relevant period. S. 246CN inserted by No. 25/2005 s. 15. 246CN Authorised persons, authorised officers and relevant employees for the purposes of section 220 (1) Anything done or that is purported to have been done by a relevant person under section 220 during the relevant period that would have been validly or lawfully done had— (i) validly authorised, as the case requires, as an authorised person or relevant employee by the Secretary under section 220(1) for the purposes of section 220; and (ii) given an authorisation by the Secretary under Division 4AA of Part VII for the purposes of section 220; and (2) In addition, the relevant person is deemed to have been validly authorised as an authorised person or relevant employee (as the case requires) under section 220(1) for the purposes of section 220 during the relevant period. 1 24 August 1999 is the day on which section 24(1) of the **Rail Corporations and Transport Acts (Amendment) Act 1999** (No. 45/1999) came into operation. That section substituted a new section 220(1). 2 2 December 2003 is the day before the day section 17(9) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section repealed section 220(1). (a) whom the Secretary purportedly authorised to be, as the case requires, an authorised person or relevant employee under section 220(1) for the purposes of section 220 during the relevant period; and (b) to whom the Secretary purportedly gave an authorisation under Division 4AA of Part VII for the purposes of section 220 that existed during the relevant period. (4) Anything done or that is purported to have been done by a relevant person under section 220 during the relevant period that would have been validly or lawfully done had— (a) that relevant person been validly authorised to act as an authorised officer by the Secretary under section 221A or 221AB (as the case requires) for the purposes of Part VII; and (b) in the case of a purported authorisation under section 221AB, regulations been in force under this Act during the relevant period prescribing— has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised, and in the case of a purported authorisation under section 221AB, such regulations had been in force. (5) In addition, the relevant person is deemed to be, and have always been, validly authorised to act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII. ***relevant period*** means the period beginning on 3 December 2003 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation; 3 December 2003 is the day on which section 15(1) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section inserted a new definition of ***authorised officer*** into section 208. ***relevant person*** means a person whom the Secretary purportedly authorised to, during the relevant period, act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII. S. 246CO inserted by No. 25/2005 s. 15. 246CO Authorized persons for the purposes of section 221 authorized by MTA or STA (1) Anything done or that is purported to have been done by a relevant person under section 221 during the relevant period that would have been validly or lawfully done had that relevant person been validly authorized as an authorized person by the MTA or the STA (as the case requires) under section 221(1)(c) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorized. (2) In addition, the relevant person is deemed to have been validly authorized as an authorized person under section 221(1)(c) during the relevant period. 1 1 July 1983 is the day on which section 221 came into operation. See section 1(2)(c). 2 30 June 1989 is the day before the day on which section 40 of, and item 2.2 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted new references to the PTC. ***relevant person*** means a person whom the MTA or the STA purportedly authorized to be an authorized person under section 221(1)(c) during the relevant period. S. 246CP inserted by No. 25/2005 s. 15. 246CP Authorized persons for the purposes of section 221 authorized by PTC (1) Anything done or that is purported to have been done by a relevant person under section 221 during the relevant period that would have been validly or lawfully done had that relevant person been validly authorized as an authorized person by the PTC under section 221(1)(c) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorized. (2) In addition, the relevant person is deemed to have been validly authorized as an authorized person under section 221(1)(c) during the relevant period. ***relevant period*** means the period beginning on 1 July 1989 and ending on 30 May 2000; 1 1 July 1989 is the day on which section 40 of, and item 2.2 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted new references to the PTC. 2 30 May 2000 is the day before the day on which section 24 of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section substituted section 221(1)(c). ***relevant person*** means a person whom the PTC purportedly authorized to be an authorized person under section 221(1)(c) during the relevant period. S. 246CQ inserted by No. 25/2005 s. 15. 246CQ Authorized persons for the purposes of section 221 authorised by the Secretary (1) Anything done or that is purported to have been done by a relevant person under section 221 during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised as an authorized person by the Secretary under section 221(1)(c) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised. (2) In addition, the relevant person is deemed to have been validly authorised as an authorized person under section 221(1)(c) during the relevant period. ***relevant period*** means the period beginning on 23 November 1995 and ending on 23 August 1999; 1 23 November 1995 is the day on which section 47(1) of the **Public Transport Competition Act 1995** (No. 68/1995) came into operation. Section 47(1) amended section 221(1)(c) to empower the Secretary to authorise persons as authorized persons for the purposes of section 221. 2 23 August 1999 is the day before the day on which section 37 of the **Rail Corporations (Amendment) Act 1997** (No. 104/1997) and section 27 of the **Rail Corporations and Transport Acts (Amendment) Act 1999** (No. 45/1999) came into operation. Those sections inserted Divisions 4A and 4AA into Part VII. ***relevant person*** means a person whom the Secretary purportedly authorised to be an authorized person under section 221(1)(c) during the relevant period. (4) Anything done or that is purported to have been done by a relevant person under section 221 during the relevant period that would have been validly or lawfully done had— (i) validly authorised as an authorized person by the Secretary under section 221(1)(c) for the purposes of section 221; and (ii) given an authorisation by the Secretary under Division 4AA of Part VII for the purposes of section 221; and (ii) a number of days for the purposes of each sections 221G(3) and 228I(4); and (5) In addition, the relevant person is deemed to have been validly authorised as an authorized person under section 221(1)(c) for the purposes of section 221 during the relevant period. 1 24 August 1999 is the day on which section 37 of the **Rail Corporations (Amendment) Act 1997** (No. 104/1997) and section 27 of the **Rail Corporations and Transport Acts (Amendment) Act 1999** (No. 45/1999) came into operation. Those sections inserted Divisions 4A and 4AA into Part VII. 2 2 December 2003 is the day before the day section 17(10) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section repealed section 221(1). (a) whom the Secretary purportedly authorised to be an authorized person under section 221(1)(c) during the relevant period; and (b) to whom the Secretary purportedly gave an authorisation under Division 4AA of Part VII for the purposes of section 221 that existed during the relevant period. (7) Anything done or that is purported to have been done by a relevant person under section 221 during the relevant period that would have been validly or lawfully done had— (a) that relevant person been validly authorised to act as an authorised officer by the Secretary under section 221A or 221AB (as the case requires) for the purposes of Part VII; and (b) in the case of a purported authorisation under section 221AB, regulations been in force under this Act during the relevant period prescribing— has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised, and in the case of a purported authorisation under section 221AB, such regulations had been in force. (8) In addition, the relevant person is deemed to be, and have always been, validly authorised to act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII. (9) In subsections (7) and (8)— ***relevant period*** means the period beginning on 3 December 2003 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation; 3 December 2003 is the day on which section 15(1) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section inserted a new definition of ***authorised officer*** into section 208. ***relevant person*** means a person whom the Secretary purportedly authorised to, during the relevant period, act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII. S. 246CR inserted by No. 25/2005 s. 15. 246CR Authorised officers for the purposes of section 221AA (1) Anything done or that is purported to have been done by a relevant person under section 221AA during the relevant period that would have been validly or lawfully done had— (a) that relevant person been validly authorised to act as an authorised officer by the Secretary under section 221A or 221AB (as the case requires) for the purposes of Part VII; and (b) in the case of a purported authorisation under section 221AB, regulations been in force under this Act during the relevant period prescribing— has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised, and in the case of a purported authorisation under section 221AB, such regulations had been in force. (2) In addition, the relevant person is deemed to be, and have always been, validly authorised to act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII. ***relevant period*** means the period beginning on 3 December 2003 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation; 3 December 2003 is the day section 15(1) of the **Transport (Rights and Responsibilities) Act 2003** (No. 101/2003) came into operation. That section inserted a new definition of ***authorised officer*** into section 208. ***relevant person*** means a person whom the Secretary purportedly authorised to, during the relevant period, act as an authorised officer under section 221A or 221AB (as the case requires) for the purposes of Part VII. S. 246CS inserted by No. 25/2005 s. 15. 246CS Examples of things validated Without limiting sections 246CB to 246CR, those sections apply with respect to the following— (a) the issue and service of ticket and transport infringement notices under section 212 during the period beginning on 24 August 1999 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation; (b) the request of a person to state his or her name and address and the request of a person to provide evidence of the correctness of that name or address under section 218B as in force from time to time; (c) the arrest without a warrant of a person under section 219 as in force from time to time; (d) the detention of a person under section 219AA while that section was in force; (e) the summary removal of persons and their property (if any), under section 220 (as in force from time to time), from— (i) any vehicle owned or operated by or on behalf of a passenger transport company; or (ii) any premises or property of a passenger transport company; (f) the request, under section 221 (as in force from time to time), of a person who has made a journey in a carriage or was on land or premises for which a ticket was required to produce a ticket that is valid for that journey or entry; (g) the request, under section 221 (as in force from time to time), of a person who has made a journey in a carriage or was on land or premises for which a ticket was required to produce a ticket that is valid for that journey or entry; (h) the request, under section 221AA (as in force from time to time), of a person who has just left a carriage, or land or premises for entry to which a ticket is required, to produce for inspection the ticket that the person used for the journey, or to be on the land or premises. S. 246CT inserted by No. 25/2005 s. 15. 246CT Accreditations under Division 4A of Part VII (1) An accreditation (other than a temporary accreditation) that is given or purportedly given by the Secretary under section 228C during the relevant period that would have been validly and lawfully given had regulations been in force under this Act prescribing a period for the purposes of section 228F(1) has, and is deemed always to have had, the same force and effect as it would have had if such regulations had been in force. (2) An accreditation renewed or purportedly renewed by the Secretary under section 228J during the relevant period that would have been validly and lawfully renewed had regulations been in force under this Act prescribing— (a) a period for the purposes of section 228J(4); and (b) a number of days for the purposes of section 228I(4); and (c) a late renewal application fee for the purposes of section 228I(5)— has, and is deemed always to have had, the same force and effect as it would have had if such regulations had been in force. ***relevant period*** means the period beginning on 24 August 1999 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation. 24 August 1999 is the day on which section 37 of the **Rail Corporations (Amendment) Act 1997** (No. 104/1997) came into operation. That section inserted Division 4A into Part VII. S. 246CU inserted by No. 25/2005 s. 15. 246CU Prosecutorial authorisations by the MTA or STA (1) Anything done or that is purported to have been done by a relevant person under section 229(1) or 229(1A) (as the case requires) during the relevant period that would have been validly or lawfully done had that relevant person been validly authorized by the MTA or STA, under section 229(1) has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorized. (2) In addition, the relevant person is deemed to have been validly authorized to do the thing under section 229(1) or 229(1A) during the relevant period. (a) in relation to anything done or that is purported to have been done by a relevant person under section 229(1), the period beginning on 1 July 1983 and ending on 30 June 1989; 1 1 July 1983 is the day on which section 229 came into operation. See section 1(2)(c). 2 30 June 1989 is the day before the day on which section 40 of, and item 2.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted new references to the PTC. (b) in relation to anything done or that is purported to have been done by a relevant person under section 229(1A), the period beginning on 12 January 1987 and ending on 30 June 1989; 1 12 January 1987 is the day on which section 41(b) of the **Transport (Amendment) Act 1986** (No. 100/1986) came into operation. That section inserted section 229(1A). 2 30 June 1989 is the day before the day on which section 40 of, and item 2.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted new references to the PTC. (a) in relation to anything done or that is purported to have been done under section 229(1), a person whom the MTA or STA purportedly authorized under that section to do the thing under that subsection during the relevant period; (b) in relation to anything done or that is purported to have been done under section 229(1A), an officer of the MTA or STA whom the MTA or STA (as the case requires) purportedly authorized under 229(1) to do the thing under section 229(1A) during the relevant period. S. 246CV inserted by No. 25/2005 s. 15. 246CV Prosecutorial authorisations by the PTC (1) Anything done or that is purported to have been done by a relevant person under a relevant prosecutorial provision during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised by the PTC, under that provision, to do that thing has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised. (2) In addition, the relevant person is deemed to have been validly authorised to do the thing under the relevant prosecutorial provision during the relevant period. (a) in relation to anything done or that is purported to have been done under section 229(1), the period beginning on 1 July 1989 and ending on 30 May 2000; 1 1 July 1989 is the day on which section 40 of, and item 2.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. Those provisions substituted new references to the PTC. 2 30 May 2000 is the day before the day on which section 28(1) of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section removed references to the PTC. (b) in relation to anything done or that is purported to have been done under section 229(1A), the period beginning on 1 July 1989 and ending on 30 May 2000; 1 1 July 1989 is the day on which section 40 of, and item 2.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. That section substituted new references to the PTC. 2 30 May 2000 is the day before the day on which section 28(2) of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section removed references to the PTC. (c) in relation to anything done or that is purported to have been done under section 229(1B)(a), the period beginning on 15 June 1994 and ending on 30 May 2000; 1 15 June 1994 is the day on which section 26(1) of the **Transport (Further Amendment) Act 1994** (No. 60/1994) came into operation. That section inserted section 229(1B). 2 30 May 2000 is the day before the day on which section 28(3) of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section removed references to the PTC. (a) in relation to anything done or that is purported to have been done under section 229(1), a person whom the PTC purportedly authorised under that subsection to do the thing under that subsection during the relevant period; (b) in relation to anything done or that is purported to have been done under section 229(1A) during the period beginning on 1 July 1989 and ending on 14 June 1994 within the relevant period, a person whom the PTC purportedly authorised under section 229 to do the thing under section 229(1A) during that period; 1 1 July 1989 is the day on which section 40 of, and item 2.1 of Schedule 1 to, the **Transport (Amendment) Act 1989** (No. 44/1989) came into operation. That section substituted new references to the PTC. 2 14 June 1994 is the day before the day on which section 26(1) of the **Transport (Further Amendment) Act 1994** (No. 60/1994) came into operation. That section substituted a new section 229(1A). (c) in relation to anything done or that is purported to have been done under section 229(1A) during the period beginning on 15 June 1994 and ending on 30 May 2000 within the relevant period, a person whom the PTC purportedly authorised under that subsection to do the thing under that subsection during that period; 1 15 June 1994 is the day on which section 26(1) of the **Transport (Further Amendment) Act 1994** (No. 60/1994) came into operation. That section substituted a new section 229(1A). 2 30 May 2000 is the day before the day on which section 28(3) of the **Transport (Amendment) Act 2000** (No. 30/2000) came into operation. That section removed references to the PTC. (d) in relation to anything done or that is purported to have been done under section 229(1B), a person whom the PTC purportedly authorised under that subsection to do the thing under that section; ***relevant prosecutorial provision*** means section 229(1), 229(1A) or 229(1B)(a) as in force from time to time during the relevant period. S. 246CW inserted by No. 25/2005 s. 15. 246CW Prosecutorial authorisations by the Secretary (1) Anything done or that is purported to have been done by a relevant person under a relevant prosecutorial provision during the relevant period that would have been validly or lawfully done had that relevant person been validly authorised by the Secretary, under that provision, to do that thing has, and is deemed always to have had, the same force and effect as it would have had if that relevant person had been so authorised. (2) In addition, the relevant person is deemed to be, and always have been, validly authorised to do the thing under the relevant prosecutorial provision. (a) in relation to anything done or that is purported to have been done under section 229(1), the period beginning on 15 June 1994 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation; 15 June 1994 is the day on which section 26(1) of the **Transport (Further Amendment) Act 1994** (No. 60/1994) came into operation. That section substituted section 229(1) and empowered the Secretary to authorise persons. (b) in relation to anything done or that is purported to have been done under section 229(1AA), the period beginning on 24 August 1999 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation; 24 August 1999 is the day on which section 36(1) of the **Rail Corporations (Further Amendment) Act 1998** (No. 981998) came into operation. That section inserted section 229(1AA). (c) in relation to anything done or that is purported to have been done under section 229(1A), the period beginning on 24 August 1999 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation; 24 August 1999 is the day on which section 30 of the **Rail Corporations and Transport Acts (Amendment) Act 1999** (No. 45/1999) came into operation. That section substituted section 229(1A) and empowered the Secretary to authorise persons. (d) in relation to anything done or that is purported to have been done under section 229(1B)(a), the period beginning on 15 June 1994 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation; 15 June 1994 is the day on which section 26(1) of the **Transport (Further Amendment) Act 1994** (No. 60/1994) came into operation. That section inserted section 229(1B). ***relevant prosecutorial provision*** means section 229(1), 229(1AA), 229(1A) or 229(1B) as in force from time to time during the relevant period; (a) in relation to anything done or that is purported to have been done under section 229(1), a person whom the Secretary purportedly authorised under that subsection to do the thing under that subsection during the relevant period; (b) in relation to anything done or that is purported to have been done under section 229(1AA), a person who is employed or engaged by a passenger transport company or a bus company whom the Secretary purportedly authorised under that subsection to do the thing under that subsection during the relevant period; (c) in relation to anything done or that is purported to have been done under section 229(1A), a person whom the Secretary purportedly authorised under that subsection to do the thing under that subsection during the relevant period; (d) in relation to anything done or that is purported to have been done under section 229(1B)(a), a person whom the Secretary purportedly authorised under that section to do the thing under that subsection during the relevant period. S. 246CX inserted by No. 25/2005 s. 15. 246CX Only things done or purported to have been done under a purported authorisation and appointment validated (1) Despite anything to the contrary in this Division, sections 246CB to 246CR and sections 246CU to 246CW are deemed to only validate things done or purported to have been done by a person under a purported authorisation or appointment— (a) during the period for which that person was purportedly authorised or appointed under the purported authorisation or appointment; and (b) that the purported authorisation or appointment purported to authorise to be done. (2) In this section, ***purported authorisation or appointment*** means an authorisation or appointment referred to in sections 246CB to 246CR and sections 246CU to 246CW. S. 246CY inserted by No. 25/2005 s. 15. 246CY Evidence (1) Every relevant person who, during the relevant period, was purported to be authorised under section 230(4) (as in force from time to time) by a relevant authority to sign a notice, statement, certificate or other document, is deemed to be, and always to have been, validly authorised by the relevant authority to sign that notice, statement, certificate or other document. ***relevant authority*** means— (a) in relation to an officer of the MTA or STA, the Managing Director of that Authority; (b) in relation to an officer of the PTC, the Chief Executive of the PTC; (c) in the case of an officer of the Department, the Secretary; (d) in the case of a person who is employed or engaged by a passenger transport company, a bus company, or a rail corporation, the chief executive of the passenger transport company, bus company, or rail corporation (as the case requires); ***relevant period*** means the period beginning on 1 July 1983 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation; 1 July 1983 is the day on which section 230 came into operation. See section 1(2)(c). (a) an officer of the MTA or STA; (b) an officer of the PTC; (c) an officer of the Department; (d) a person who is employed or engaged by a passenger transport company, a bus company, or a rail corporation. S. 246CZ inserted by No. 25/2005 s. 15. 246CZ Delegations generally in relation to authorisations (1) Every exercise or purported exercise of a power of authorisation under an instrument of delegation executed under a relevant delegation provision during the period beginning on 1 July 1983 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation is deemed to have, and always to have had, the same force and effect as it would have had if the exercise or purported exercise of that power had been validly and lawfully exercised by the relevant authority. (2) In subsection (1)— ***power of authorisation*** means a power conferred under a relevant authorisation provision to, as the case requires— (a) appoint or authorise a person or an officer of the MTA, STA or PTC to be an authorised officer or authorized person under that provision; or (b) give an authorisation under that provision; ***relevant authorisation provision*** means— (a) section 211(1), 212(2), 218(1), 218B(1), 219(1A), (2), (4) or (7), 219A(2), 219AA(1), 220(1) or 221(1)(c); (b) 221A, 221AB, 221C(1) or 221H; ***relevant authority*** means— (a) in the case of section 211(1) (as in force during the relevant periods as defined in sections 246CC(6) and 246CD(3)), the Chief Executive of the PTC, the PTC or the Secretary; (b) in the case of section 212(2) (as in force during the relevant periods as defined in sections 246CB(3) and 246CC(3)), the Managing Director of the MTA or STA or the Chief Executive of the PTC; (c) in the case of section 218(1) (as in force during the relevant periods as defined in sections 246CE(3) and 246CF(3)), the Managing Director of the MTA, the Managing Director of the STA, the MTA, STA or the PTC; (d) in the case of section 218B(1) (as in force during the relevant periods as defined in section 246CG(3) and 246CH(3)), the PTC or the Secretary; (e) in the case of section 219(2), (4) or (7) (as in force during the relevant periods as defined in section 246CI(3), 246CJ(3) and (6)), the MTA, STA or PTC; (f) in the case of section 219A(2) (as in force during the relevant period as defined in section 246CK(3)), the PTC; (g) in the case of section 219(1A) (as in force during the relevant period as defined in section 246CL(3)), the Secretary; (h) in the case of section 219AA(1) (as in force during the relevant period as defined in section 246CM(3)), the Secretary; (i) in the case of section 220(1) (as in force during the relevant period as defined in section 246CN(3)), the Secretary; (j) in the case of section 221(1)(c) (as in force during the relevant periods as defined in sections 246CO(3), 246CP(3) and 246CQ(3) and (6)), the MTA, STA, PTC or the Secretary; (k) in the case of sections 221A, 221AB, 221C(1) and 221H (as in force from time to time), the Secretary; ***relevant delegation provision*** means section 6B or section 32(1A), (2), (3) or (3A) (as in force from time to time during the relevant period). S. 246CZA inserted by No. 25/2005 s. 15. 246CZA Delegations generally in relation to accreditations (1) Every exercise or purported exercise of a power of accreditation under an instrument of delegation executed under a relevant delegation provision during the period beginning on 24 August 1999 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation is deemed to have, and always to have had, the same force and effect as it would have had if the exercise or purported exercise of that power had been validly and lawfully exercised by the Secretary. (2) In subsection (1)— ***power of accreditation*** means a power conferred under a relevant accreditation provision; ***relevant accreditation provision*** means a provision of Division 4A of Part VII which confers a function or power on the Secretary; ***relevant delegation provision*** means section 6B or 32(1A). S. 246CZB inserted by No. 25/2005 s. 15. 246CZB Incorrect delegations purportedly under section 6B (1) Every instrument of delegation executed by the Secretary under section 6B during the relevant period delegating or purportedly delegating the Secretary's— (a) power of authorisation under a relevant authorisation provision; or (b) power of accreditation under a relevant accreditation provision— that would have been a valid and lawful instrument had that instrument been executed under section 32(1A) has and is deemed always to have had the same force and effect as it would have had if that instrument had been validly and lawfully executed under section 32(1A). ***relevant accreditation provision*** means a provision of Division 4A of Part VII which confers a function or power on the Secretary; ***relevant authorisation provision*** means any of the following provisions as in force during the relevant period— (a) section 211(1), 218(1), 219(1A)(b), 219(2), (4), (7), 219A(2), 219AA(1), 220(1), 221(1)(c) or 221C(1); (b) section 221A, 221AB or 221H; ***relevant period*** means the period beginning on 1 September 1994 and ending on the day section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation. 1 September 1994 is the day on which section 6 of the **Transport (Further Amendment) Act 1994** (No. 60/1994) came into operation. That section inserted section 6B. S. 246CZC inserted by No. 25/2005 s. 15. 246CZC No proceedings may be brought (1) Proceedings (whether criminal or civil) and including proceedings— (a) seeking damages or compensation; or (b) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; or (c) seeking a writ of habeas corpus; or (d) seeking any order under the **Administrative Law Act 1978**— may not be brought in respect of any matter or thing that, by reason of the operation of sections 246CA to 246CZB, is deemed to be valid or lawful or to have been validly or lawfully done. (2) Despite subsection (1), a criminal proceeding may be brought that relies on a matter or thing that, by reason of the operation of sections 246CA to 246CZB, is deemed to be valid or lawful or to have been validly or lawfully done. S. 246CZD inserted by No. 25/2005 s. 15. 246CZD Preservation of rights only in certain proceedings (1) Subject to subsection (2), this Division affects the rights of parties in any proceeding (whether criminal or civil) commenced, and not finally disposed of, before the day on which section 15 of the **Transport Legislation (Further Amendment) Act 2005** comes into operation. (2) Nothing in this Division is to be taken to— (a) affect the rights of the parties in the proceeding known as *Arachichi v Clark* heard and determined in the Magistrates' Court at Melbourne on 14 February 2005; or (b) the rights of the parties in the proceeding known as *Clark v National Express Group Australia (Swanston Trams) Pty Ltd (ABN 25 087 494 997)* (CI 03 70091 of 2003) in the County Court. Pt 8 Div. 1C (Heading and ss 246CZE–246CZH) inserted by No. 35/2014 s. 45. Division 1C—Wheelchair accessible taxi-cab fixed term licence fee instalment amounts S. 246CZE inserted by No. 35/2014 s. 45. 246CZE Definitions ***2010 Order*** means the Order made under section 143A dated 17 June 2010 and published in the Government Gazette (No. S246) on 28 June 2010 and includes the Rules set out in Appendix 1 to the Order; ***2014 amending Order*** means the Order made under section 143A dated 16 February 2014 and published in the Government Gazette (No. S44) on 17 February 2014; ***new taxi-cab licence*** has the same meaning as in Part VI; ***taxi-cab*** has the same meaning as in Part VI; ***taxi-cab licence*** has the same meaning as in Part VI; ***WAT fixed term licence*** means a taxi-cab licence granted under section 143A(2) and in accordance with the 2010 Order in respect of a wheelchair accessible taxi‑cab; ***wheelchair accessible taxi-cab*** means a taxi-cab that has been constructed or modified so that it can accommodate and secure one or more occupied wheelchairs. S. 246CZF inserted by No. 35/2014 s. 45. 246CZF Instalment amounts for licence fees for WAT fixed term licences changed (1) This section applies despite anything to the contrary in section 143A or the 2010 Order but subject to section 246CZG. (2) The third and subsequent instalment amounts payable in respect of a licence fee for a WAT fixed term licence in accordance with section 143A and the 2010 Order are taken to be substituted with the instalment amounts set out in the following Table— **Table** | *Instalment* | *Instalment amount* | | Third | $18 400 less the amount of the annual licence fee payable under section 147A(1) for the licence in the year the third instalment is payable | | Fourth | $18 400 less the amount of the annual licence fee payable under section 147A(1) for the licence in the year the fourth instalment is payable | | Fifth to tenth | The appropriate wheelchair accessible taxi-cab annual licence fee for the Zone specified in the licence set out in the Table in section 147A(2B) | Under rule 15.3.2 of the Rules set out in Appendix 1 to the 2010 Order, the licence fee for a WAT fixed term licence is payable in 10 annual instalments. (3) Each instalment amount set out in the Table in subsection (2) is taken to be payable as follows— (a) for the third instalment amount, on the third anniversary of the day on which the applicable WAT fixed term licence was granted; (b) for the fourth instalment amount, on the fourth anniversary of the day on which the applicable WAT fixed term licence was granted; (c) for the fifth to the tenth instalment amount, on the relevant anniversary of the day on which the applicable WAT fixed term licence was granted. For the seventh instalment, the relevant anniversary is the seventh anniversary of the day on which the applicable WAT fixed term licence was granted. (4) To avoid doubt— (a) rule 16.4 of the Rules set out in Appendix 1 to the 2010 Order applies in relation to the payment of the instalment amounts set out in the Table in subsection (2); and (b) this section does not affect any right a holder of a WAT fixed term licence has to apply under section 146AAA to have that licence converted into a new taxi-cab licence. S. 246CZG inserted by No. 35/2014 s. 45. 246CZG Set off of excess licence fee payments (1) This section applies if a holder of a WAT fixed term licence has, before the commencement of section 45 of the **Transport Legislation Amendment (Further Taxi Reform and Other Matters) Act 2014**, paid a third or fourth instalment amount in respect of the licence fee for the WAT fixed term licence they hold that is greater than the amount set out in the Table in section 246CZF(2) for that instalment amount (an ***excess amount***). (2) The excess amount is taken to be an amount that is to the credit of the holder of the WAT fixed term licence and must be set off against the next instalment amount that is payable by the holder in respect of the licence fee for the WAT fixed term licence. S. 246CZH inserted by No. 35/2014 s. 45. 246CZH Revocation of 2014 amending Order (1) The 2014 amending Order is taken to have been revoked on 17 February 2014. (2) To avoid doubt, the 2010 Order is taken to have not been amended by paragraph 6 of the 2014 amending Order. Division 2—Miscellaneous S. 246D inserted by No. 45/1999 s. 33.