34Powers of the Secretary

34 Powers of the Secretary S. 34(1) amended by No. 3/2017 s. 9(1), substituted by No. 49/2019 s. 7(1). (1) The Secretary has power, on behalf of the Crown, to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the performance of the functions of the Secretary under this Act or any other Act. (2) Without limiting the generality of subsection (1), the Secretary may on behalf of the Crown— S. 34(2)(a) amended by No. 49/2019 s. 7(2)(a). (a) acquire, hold, dispose of or otherwise deal with real or personal property; S. 34(2)(ab) inserted by No. 49/2019 s. 7(2)(b). (ab) dispose of land, or an interest in land, to another transport body for nominal consideration; S. 34(2)(ac) inserted by No. 49/2019 s. 7(2)(b). (ac) accept the transfer of land, or an interest in land, from another transport body for nominal consideration; (b) enter into any agreement or contract; (c) enter into any lease or licence; (d) participate in the formation of a corporation, trust, partnership or other body; (e) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation; (f) become a member of a company limited by guarantee; (g) subscribe for or otherwise acquire, and hold and dispose of, units in a trust; (h) acquire, and hold and dispose of, an interest in a partnership or other body; (i) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the Secretary or the Department; (j) give indemnities, guarantees, releases and charges, and anything else of a similar nature; (k) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trademark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information); (l) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right; (m) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; (n) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright; (o) engage consultants, contractors or agents; (p) act as trustee; (q) act as an agent of another person. S. 34(2A) inserted by No. 61/2011 s. 5(3). (2A) Without limiting the generality of subsection (1), the Secretary on behalf of the Crown may enter into— (a) agreements relating to the allocation of revenue derived from the provision by any person or body of any transport services; (b) a contract with any person or body for the provision of any transport services by that person or body. S. 34(2B) inserted by No. 49/2019 s. 7(3). (2B) Without limiting the generality of subsection (1), the Secretary has the following powers for the purposes of performing the functions specified in section 33A(1)(l) for any purpose unrelated to the transport system as approved under section 33A(2)— (a) to apply for, obtain and hold intellectual property rights (including patents, copyrights, trademarks and registered designs) on behalf of the Crown; (b) to enter into agreements or arrangements, on behalf of the Crown, for the commercial exploitation within or outside Victoria of those intellectual property rights and ancillary services on any terms or conditions as to royalties, lump sum payments or otherwise as the Secretary determines; (c) to enter into agreements or arrangements, on behalf of the Crown, within or outside Victoria for the provision by the Secretary of administration or management, or data and information, services or systems. (3) The Secretary may use any Crown land for transport purposes with the approval of the Minister administering the Act relating to the management or use of the land given by the Minister in accordance with any requirements which apply under that Act. S. 34(4) amended by No. 3/2017 s. 9(2), substituted by No. 49/2019 s. 7(4). (4) Any acquisition or disposition of or other dealing with land by the Secretary on behalf of the Crown must be made in the name of "Secretary (within the meaning of the **Transport Integration Act 2010**)". S. 34(4A) inserted by No. 49/2019 s. 7(4). (4A) Without limiting the generality of subsections (1) and (4), the Secretary may, on behalf of the Crown, dispose of or otherwise deal with land held by the Secretary and that was acquired under this Act in the name of "Secretary (within the meaning of the **Transport Integration Act 2010**)" by any person who previously held, acted in or performed the duties of, the office of Secretary. (5) The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on the Secretary. S. 34(6) inserted by No. 48/2024 s. 52. (6) In addition, nothing in this section limits the powers the Secretary may exercise on behalf of the Crown.