Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017

A ticket is not directly defined in the Regulations (the previous definition was revoked by S.R. No. 14/2026), but the concept is expressed through the requirement to hold a token that proves the existence of a ticket valid for travel or entry. A token is defined in section 208 of the Act; the Regulations prescribe additional tokens under regulation 28A, including credit cards, debit cards and prepaid cards issued under Visa or Mastercard schemes (both physical smartcards and those stored in digital wallets). The myki smartcard is a plastic card with an embedded microchip that can record a myki product (a pre‑purchased entitlement) or myki money (a dollar amount paid to the Head, Transport for Victoria and recorded as value). A digital myki is a digital State token (a software application on a personal electronic device) that performs the same functions as a physical myki smartcard. A digital token is a broader category: a software application on a personal electronic device (or something processed through that application) that may lawfully be used to obtain a ticket or prove its existence; it excludes a V/Line digital ticket. A V/Line digital ticket is a token with a barcode displayed on a personal electronic device proving an entitlement to travel. A compulsory ticket area means land or premises designated by signs by a passenger transport company, or a gazetted railway station platform, waiting room, or area between a platform and a ticket barrier. A concession ticket is a ticket authorising free or reduced‑price travel or entry, in accordance with conditions determined under section 220D of the Act. The central computer system is the system operated by or on behalf of the Head, Transport for Victoria to collect, manage and settle financial transactions relating to smartcards, digital tokens and other prescribed devices. An authorised person (ticketing) includes authorised officers, police officers, protective services officers, employees of passenger transport or bus companies with ticketing duties, and persons appointed in writing by those companies or the Secretary or Head, Transport for Victoria. The Regulations also define personal electronic device as an electronic device that can store a ticket or token and contains one or more embedded microchips capable of receiving, storing, processing and transferring information. A smartcard and digital token reader is a machine designed to electronically record and process information from a smartcard or digital token when scanned, regardless of whether it is in working order at any particular time. Other key concepts include operator access card (a plastic card with an embedded microchip identifying the holder to operate prescribed devices), vehicle control unit (a device on a bus or tram that transfers information between prescribed devices and the central computer system, and processes GPS location data), and Handheld Retail and Handheld V/Line (specific models of handheld devices used for retail sales or by V/Line conductors). The Regulations also explain when travel begins and ends: for a bus, it begins when the person first moves past the driver’s seat after boarding or when the bus first moves, whichever is earlier; for all other vehicles, it begins when the vehicle first moves after boarding; it ends when the person leaves the vehicle (regulation 5(3)). A ticket is valid for the whole of a person’s travel only if it authorises every part of that travel (regulation 6); if any part is not authorised, the ticket is not valid. Examples clarify that for a digital myki or myki smartcard, the ticket may require that a sufficient myki product or myki money be recorded and that the whole travel be recorded; for other smartcards or digital tokens, scanning at a reader before travel (or on commencing travel for trams and buses) may be required.

The Regulations directly affect every person who uses Victoria’s public transport network - trains, trams and buses - as a passenger. Any individual travelling in a passenger vehicle or entering a compulsory ticket area must hold a valid ticket and produce it on request. This includes adults, children, concession‑card holders, and tourists. The exemption provisions (regulation 27) apply to police officers, protective services officers, authorised officers acting in the course of their duties, employees of passenger transport companies or bus companies acting in the course of their duties, and persons authorised in writing by those companies or the Secretary or Head, Transport for Victoria. The Secretary or the Head, Transport for Victoria may also determine that a ticket is not required for specific travel or entry (e.g. free travel to a major event, the Heritage City Circle Tram Service). Those exemptions do not create a general exemption for ordinary passengers. The Regulations impose specific duties on bus drivers (regulation 23) where myki bus ticketing equipment is not installed on the bus: the driver must request the correct fare from a person who does not hold a valid ticket and, on payment, issue a ticket; if the person does not take the ticket, the driver must tear it in half and leave the pieces in the cash tray until the person’s travel ends. These duties apply to drivers of buses operated for a regular passenger service (as defined in the Bus Services Act 1995). V/Line conductors are also affected through the definition of Handheld V/Line and the processes for inspecting digital tokens. Passenger transport companies and bus companies are affected because they must accept for travel or entry tickets that have been issued by the Crown or the Head, Transport for Victoria under contractual arrangements (regulation 17). On such acceptance, a contract is deemed to exist between the company and the passenger, incorporating all conditions relevant to the travel or entry. Retail agents (persons engaged by the Crown or Head, Transport for Victoria to sell State tokens) are affected by the prescribed processes for Handheld Retail devices and the central computer system. Authorised persons (ticketing) - including employees of transport companies - have powers to request production of tokens, test them electronically (unless they are protective services officers - regulation 20), and in the case of authorised officers, police officers and protective services officers, to request surrender of tokens on reasonable grounds that they may be required as evidence or are otherwise necessary for enforcement (regulation 21). Note that surrender requests cannot be made for smartcards that are not State tokens, digital tokens, V/Line digital tickets, or software applications on personal electronic devices (regulation 21(1A)). The Regulations also affect persons who accompany others - for example, a parent holding a token on behalf of a child - through the provision in regulation 12 that allows the accompanying person to produce the token on request, and through the possession rules in regulation 7(3)(b).

The core duty is in regulation 7: a person travelling in a passenger vehicle must have in their possession a ticket that is valid for the whole of that travel; a person in a compulsory ticket area must have in their possession a ticket valid for that entry. Possession is defined narrowly: the person must hold on or about their person the token (including the personal electronic device for digital tokens or V/Line digital tickets) or be accompanied by another person who holds that token on their behalf. A right to request production is given to authorised persons (ticketing). Under regulations 8 and 9, they may ask a person who is travelling in, has just left, a passenger vehicle (or is in, or has just left, a compulsory ticket area) to produce for inspection a token proving the existence of a valid ticket. The person must comply without delay. For digital tokens, production is achieved by making the personal electronic device available so that the validity can be electronically tested or read using a hand held reader or Handheld V/Line (regulation 9A(1)). For V/Line digital tickets, production is achieved by displaying the barcode and allowing the authorised person to inspect and electronically read it (regulation 9A(2)). Similar duties apply in relation to concession tickets: under regulations 10 and 11, an authorised person (ticketing) may ask a person relying on a concession ticket to produce evidence of entitlement, unless the concession ticket itself constitutes or contains that evidence (e.g. a police officer’s Victoria Police identification). Again, the person must comply without delay. The Regulations also impose a duty to pay the correct fare when boarding a bus without a ticket, and on the bus driver to issue a ticket upon payment (regulation 23). Bus drivers also have a duty to tear up an uncollected ticket and leave the pieces in the cash tray until the passenger’s travel ends. Regulation 19 prohibits transferring a ticket that has begun to be used unless the conditions permit transfer. However, handing a personal electronic device to another person for a purpose other than authorising travel (e.g. to make a phone call) is not a transfer of the V/Line digital ticket or digital token. Regulation 21 gives authorised officers, police officers and protective services officers the right to request surrender of a token that proves or purports to prove the existence of a ticket, if they believe on reasonable grounds it may be required as evidence or is necessary for enforcement. This right does not apply to smartcards that are not State tokens, digital tokens, V/Line digital tickets, or software applications on a personal electronic device. The officer must give a receipt at the time of surrender, and a surrender request cannot be made unless a condition determined under section 220D of the Act specifies whether the token will be replaced or a refund made for any unused value. Regulation 20 allows an authorised person (ticketing) who is not a protective services officer to electronically test or read a token at the place of inspection. The Regulations also grant rights to be free from multiple convictions: under regulation 26, a person cannot be convicted of more than one of the offences under regulations 7(1), 8(2), 10(3) or 22(1) in respect of the same travel, and likewise for regulations 7(2), 9(2) or 11(3) in respect of the same entry.

The Regulations create several offences punishable by penalty units. A penalty unit is defined by reference to the Sentencing Act 1991 and its value for the 2025‑2026 financial year is $203.51 (as set out in the endnotes). The amounts will be adjusted annually. The primary offences are as follows. Regulation 7(1) (failing to hold a valid ticket while travelling) and 7(2) (failing to hold a valid ticket while in a compulsory ticket area) each carry a maximum penalty of 10 penalty units. Regulation 8(2) (failing without delay to produce a token proving a ticket valid for travel) and regulation 9(2) (same for entry) also carry 10 penalty units each. Regulation 10(3) (failing without delay to produce evidence of concession entitlement for travel) and regulation 11(3) (same for entry) carry 5 penalty units each. Regulation 19(1) (transferring a ticket after use has begun, unless permitted) carries 5 penalty units. Regulation 21(2) (failing without delay to surrender a token when required) carries 5 penalty units. Regulation 22(1) (failing to show evidence of concession entitlement when requesting a concession ticket from a bus driver) carries 5 penalty units, but this only applies if a sign is clearly visible on the bus. Regulation 23(2) (bus driver failing to request correct fare or issue ticket) and 23(3) (bus driver failing to tear up an unissued ticket) each carry 5 penalty units. Regulation 26 provides that if a person commits offences against more than one of regulations 7(1), 8(2), 10(3) or 22(1) in respect of the same travel, they cannot be convicted or found guilty of more than one of those offences. A similar non‑cumulation rule applies for regulations 7(2), 9(2) and 11(3) for the same entry. Enforcement is carried out by authorised persons (ticketing), who include authorised officers, police officers, protective services officers, and employees of transport companies with ticketing duties. These persons have the power to request production of tokens, test them electronically (protective services officers cannot test - regulation 20), and in the case of authorised officers, police officers and protective services officers, to request surrender of tokens believed on reasonable grounds to be required as evidence or necessary for enforcement (regulation 21). Surrender requests cannot be made for certain tokens as listed in regulation 21(1A). The officers must give a receipt upon surrender. The Regulations do not create imprisonment offences, only fines expressed in penalty units. The court would calculate the fine by multiplying the number of penalty units by the current value of a penalty unit. The Regulations themselves do not set out infringement notice (on‑the‑spot fine) procedures - those would be dealt with under the Act or separate legislation. However, the revocation of the earlier Transport (Ticketing) Amendment (On‑the-Spot Penalty Fares) Regulations 2014 by regulation 4(h) indicates that on‑the‑spot penalty fares are no longer part of this statutory instrument.

The Regulations are made under the Transport (Compliance and Miscellaneous) Act 1983, specifically sections 56, 221AA and 230AH. Section 56 relates to the making of regulations generally; section 221AA and 230AH confer specific powers to make regulations about ticketing and prescribed devices. The Regulations operate as subordinate legislation under that parent Act. They must be read consistently with the provisions of the Transport Integration Act 2010, which governs the transport system as a whole and defines entities such as V/Line Corporation (section 3). The definition of “protective services officer” is taken from the Victoria Police Act 2013. The term “regular passenger service” is drawn from the Bus Services Act 1995. The Regulations rely on conditions determined under section 220D of the Transport (Compliance and Miscellaneous) Act 1983 for the meaning of concession tickets and for conditions about the recording of myki products and money. The penalty unit amounts are determined by the Sentencing Act 1991 (section 110) and the Monetary Units Act 2004 (section 7). The value of a penalty unit is fixed annually by the Treasurer and published in the Government Gazette. The Regulations themselves provide that the value for the 2025‑2026 financial year is $203.51, but this will change yearly. The Regulations are subject to the Subordinate Legislation Act 1994, which imposes a sunset period of 10 years from the date of making (14 June 2017), meaning they will sunset on 14 June 2027 unless remade. The Interpretation of Legislation Act 1984 applies to the Regulations, including rules about headings, examples, notes, and punctuation forming part of the instrument. The Regulations revoke a series of earlier ticketing regulations dating back to 2006 (regulation 4), consolidating the current law into a single instrument. They also interact with contractual arrangements: under regulation 17, a contract is deemed to exist between a passenger transport company or bus company and a person who enters a vehicle or compulsory ticket area in reliance on a ticket issued by the Crown or the Head, Transport for Victoria. The terms of that contract are taken to be all conditions to which the ticket is subject. This interacts with general contract law and potentially with the Australian Consumer Law if tickets are regarded as services, although the Regulations themselves do not mention that. The Regulations also interact with the Act’s Division 5 of Part VII (about information and data handling) by prescribing processes and devices for that division (regulation 30). The central computer system is defined as a prescribed computer system.

The Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017 were originally made on 14 June 2017 (S.R. No. 48/2017) and commenced on 1 July 2017. They revoked 14 earlier sets of regulations. Since then, the Regulations have been amended by numerous statutory rules, the most recent being S.R. No. 14/2026 (commenced 16 March 2026). Key amendments include: S.R. No. 22/2018 (added prescribed devices and processes, including Vix Product family PCP6200 and related processes); S.R. No. 55/2018 (new definition of V/Line conductor); S.R. No. 150/2018 (electronic testing of tokens); S.R. No. 22/2019 (introduced digital cards and digital myki concepts, amended definitions and possession rules); S.R. No. 57/2019 (amended references to the Head, Transport for Victoria and other definitions); S.R. No. 168/2019 (further amendments to definitions and exemption provisions); S.R. No. 6/2020 (updated Handheld Retail definitions); S.R. No. 103/2020 (revoked regulations 24 and 25 regarding on‑the‑spot penalty fares); S.R. No. 87/2021 (added digital top‑up application processes); S.R. No. 48/2023 (added ZEBRA Model TC77 as a prescribed kind of portable device and associated processes); S.R. No. 129/2024 (amended V/Line digital ticket definition, personal electronic device definition, and added new inspection procedures); S.R. No. 22/2025 (added Conduent devices and processes); S.R. No. 14/2026 (major overhaul: revoked definitions of ticket, digital card, myki, smartcard reader, smartcard and digital card reader; introduced definitions for digital myki, digital token, myki smartcard, smartcard and digital token reader; substituted defences in regulations 13‑16A; amended possession rules; prescribed tokens including credit/debit cards for open payment; updated surrender exceptions). The endnotes provide a full table of amendments with making and commencement dates. The Regulations are scheduled to sunset on 14 June 2027 under the Subordinate Legislation Act 1994.

The source text of the Regulations does not cite any specific court cases or litigation history. There are no references to judicial decisions in the provisions or endnotes. However, the repeated amendments to the defence provisions (regulations 13‑16A) and the addition of very specific bars on defences (insufficient time, insufficient care, inoperable device) suggest that the drafters have responded to issues that likely arose in enforcement proceedings. The original regulations contained different defences, and the current version, substituted by S.R. No. 14/2026, is clearly intended to narrow the availability of excuses. For example, the new regulation 16A explicitly excludes an inoperable personal electronic device as a reason for not having a valid ticket, which indicates that such arguments were being raised in prosecutions. Similarly, the definition of “possession” being tied to the physical holding of the token or device, and the requirement that another person must be accompanying and holding the token on behalf of the passenger, may have been clarified in response to interpretative disputes. The absence of any case names in the text means that the regulations themselves do not form part of a published litigation record, but practitioners should be aware that ticket‑related offences under the parent Act have historically been subject to challenges in the Magistrates’ Court, particularly on the reasonableness of steps taken by passengers. The exclusion of “insufficient time” and “insufficient care” as defences directly limits the scope of the “reasonable steps” defence, so arguments about sudden platform changes, time pressure, or forgetfulness will not succeed. The provision that a person does not possess a ticket if the primary reason was inoperable device (reg 16A) likely arose from cases where passengers attempted to rely on dead phone batteries. No higher appellate decisions are referenced.

Several provisions contain traps for the unwary practitioner or passenger. First, the defence of “all reasonable steps” is severely constrained. Regulation 15 provides that if the primary reason the person did not possess a valid ticket or produce a token was insufficient time, the person did not take all reasonable steps. This means rushing to catch a train or tram will never excuse lack of a ticket. Regulation 16 similarly excludes insufficient care - forgetfulness, distraction or poor planning are not defences. Regulation 16A specifically excludes an inoperable personal electronic device as a basis for non‑possession or non‑production for both digital tokens and V/Line digital tickets. A passenger whose phone battery dies mid‑journey cannot rely on that as a reasonable step failure. Second, the possession rules in regulation 7(3) are precise: a person has a ticket in their possession only if they hold the token (or device) on or about their person, or another person accompanying them holds it on their behalf. Holding a digital token on a phone that is in a bag or pocket is still “on or about their person”, but if the phone is in a different bag carried by a companion who is not accompanying them, it is not possession. The accompanying person must be physically present and holding the token. Third, the production of a digital token under regulation 9A requires the passenger to make the personal electronic device available to the authorised person so that it can be electronically tested or read using a hand held reader. Simply showing a screen may not suffice; the passenger must allow the authorised person to scan or test the device. If the passenger refuses to hand over the device or unlock it, they may be in breach. Fourth, the transfer prohibition (regulation 19) catches not only selling or giving away a ticket but also using someone else’s ticket after they have started using it. There is an exception for handing over a personal electronic device for a purpose other than authorising travel (e.g. to make a call), but the onus would be on the passenger to show that purpose. Fifth, concession ticket holders must still carry separate evidence of entitlement unless the ticket itself contains that evidence. For example, a police officer can show their Victoria Police identification instead of a token (example to reg 10(2)), but a student or senior must have their concession card with them. If the concession ticket does not embed the entitlement evidence, failure to produce the card on request is a separate offence of 5 penalty units. Sixth, bus drivers have specific obligations when myki equipment is not installed, but there is no corresponding defence for passengers if a driver fails to request the correct fare - the passenger’s obligation to hold a valid ticket still applies. Seventh, the exemption for police, protective services officers, authorised officers and others (regulation 27) does not extend to passengers merely because they are accompanying such officers. Eighth, the rule against multiple convictions (regulation 26) only applies in respect of the same travel or same entry; a person could be charged with multiple offences if they commit separate breaches on different journeys. Ninth, the surrender power under regulation 21 is not available for certain tokens: smartcards that are not State tokens (e.g. a bank card not prescribed as a token), digital tokens, V/Line digital tickets, and software applications on a personal electronic device. Officers cannot physically take possession of a passenger’s phone or credit card under this power. But they can seize a myki smartcard (a State token) if they believe it is required as evidence. Lastly, the prescribed processes in Schedule 2 are highly technical and specify exactly which devices can handle information; using an unlisted device or process may be unlawful under Division 5 of Part VII of the Act.

For passengers, compliance begins before boarding. For myki smartcard or digital myki users, ensure that the card or digital myki has sufficient myki money or a valid myki product recorded, and that the myki is touched on (scanned) at the start of each journey and touched off at the end, where required by conditions. For trams and buses without mandatory touch‑off, compliance requires at least touching on. For V/Line digital tickets, ensure the barcode is displayed on a personal electronic device that is operable and charged - the device must be able to display the barcode when requested. For paper tickets or other tokens, carry them physically on your person. If using a concession ticket, carry the relevant concession card (e.g. Health Care Card, Seniors Card) separately unless the ticket incorporates the concession evidence (e.g. a police identification). Always respond without delay to an authorised person’s request to produce the token: for a myki card, hand it over; for a digital myki, make the phone available for scanning; for a V/Line digital ticket, display the barcode. If you do not have the required token, do not try to argue insufficient time, carelessness, or a dead battery - these are not defences. Instead, consider whether you took all reasonable steps beforehand: for example, did you check your myki balance before leaving home? Did you ensure your phone was charged? If you were accompanied by someone who holds your token, that person must produce it. Do not attempt to transfer a ticket that has been used unless the conditions allow it. For bus passengers on services without myki equipment, pay the correct fare to the driver and take the ticket issued; if the driver does not offer a ticket, ask for one to avoid any confusion about non‑payment. For bus drivers on such services, always request the correct fare from passengers who do not hold a valid ticket, and upon payment, issue a ticket; if the passenger does not take the ticket, tear it in half immediately and leave the pieces in the cash tray. For transport operators, ensure that any prescribed devices installed (e.g. myki readers, driver consoles) are fitted with an operational smartcard security access module, as required by Schedule 1. Also ensure that contracts with the Crown or Head, Transport for Victoria for ticket acceptance are in place (regulation 17). For legal practitioners, when advising a client charged with an offence, focus on whether the client took all reasonable steps before and during travel, and ensure that any claim of insufficient time, care or device malfunction is not the primary reason, as those are expressly excluded. Also check whether the same travel could lead to multiple charges - regulation 26 prevents conviction for more than one of the overlapping offences per travel/entry. Consider the exemption in regulation 27 if the client was acting in the course of certain duties. Finally, for any person who receives a request to surrender a token from an authorised officer, police officer or protective services officer, comply unless the token is a non‑State smartcard, digital token, V/Line digital ticket or a software application on a personal electronic device - in those cases the officer has no power to demand surrender.