64DPowers of the Head, Transport for Victoria

64D Powers of the Head, Transport for Victoria S. 64D(1) substituted by No. 49/2019 s. 16(2). (1) The Head, Transport for Victoria has power to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the achievement of its object and the performance of its functions. S. 64D(2) amended by No. 49/2019 s. 16(3)(a). (2) Without limiting the generality of subsection (1), the Head, Transport for Victoria may— S. 64D(2)(a) amended by No. 49/2019 s. 16(3)(b). (a) conduct or undertake the administration of arrangements entered into with any person or body to provide transport services in connection with the functions of the Head, Transport for Victoria; S. 64D(2)(b)(c) repealed by No. 49/2019 s. 16(3)(c). (d) acquire, own, build, maintain and operate public transport infrastructure and related infrastructure; (e) enter into an agreement relating to the allocation of revenue which is derived from the provision of transport services; S. 64D(2)(f) amended by No. 49/2019 s. 16(3)(d). (f) give indemnities, guarantees, releases and charges, and anything else of a similar nature. S. 64D(2)(g) repealed by No. 49/2019 s. 16(3)(e). S. 64D(3) amended by No. 49/2019 s. 16(4)(a). (3) Without limiting the generality of subsection (1), the Head, Transport for Victoria may— S. 64D(3)(aaa) inserted by No. 49/2019 s. 16(4)(b). (aaa) enter into any agreement or contract; S. 64D(3)(aab) inserted by No. 49/2019 s. 16(4)(b). (aab) enter into any lease or licence; (a) participate in the formation of a corporation, trust, partnership or other body; (b) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation; (c) become a member of a company limited by guarantee; (d) subscribe for or otherwise acquire, and hold and dispose of, units in a trust; (e) acquire, and hold and dispose of, an interest in a partnership or other body; S. 64D(3)(f) amended by No. 49/2019 s. 16(4)(c). (f) 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 Head, Transport for Victoria; S. 64D(3)(fa) inserted by No. 49/2019 s. 16(4)(d). (fa) make any land or other property vested in or managed by the Head, Transport for Victoria available for use or engagement by any other person; S. 64D(3)(fb) inserted by No. 49/2019 s. 16(4)(d). (fb) dispose of land, or an interest in land, to another transport body for nominal consideration; S. 64D(3)(fc) inserted by No. 49/2019 s. 16(4)(d). (fc) accept the transfer of land, or an interest in land, from another transport body for nominal consideration; (g) 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); (h) assign, grant, lease, licence, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right; (i) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; S. 64D(3)(j) amended by No. 49/2019 s. 16(4)(e). (j) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit, any copyright; (k) engage consultants, contractors or agents; (l) act as an agent of another person. S. 64D(3A) inserted by No. 49/2019 s. 16(5). (3A) Without limiting the generality of subsection (1), the Head, Transport for Victoria has the following powers for the purposes of performing the functions specified in section 64C(1)(r) for any purpose unrelated to the transport system as approved under section 64C(3)— (a) to apply for, obtain and hold intellectual property rights (including patents, copyrights, trademarks and registered designs); (b) to enter into agreements or arrangements 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 Head, Transport for Victoria determines; (c) to enter into agreements or arrangements within or outside Victoria for the provision by the Head, Transport for Victoria of administration or management, or data and information, services or systems. S. 64D(4) amended by No. 49/2019 s. 16(6). (4) Despite subsection (3)(a), the Head, Transport for Victoria cannot in relation to the provision of regional transport services participate in the formation of a corporation without the consent of the Premier, the Treasurer and the Minister. S. 64D(5) amended by No. 49/2019 s. 16(6). (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 Head, Transport for Victoria. Ss 64E, 64F inserted by No. 3/2017 s. 3, repealed by No. 49/2019 s. 17. S. 64G inserted by No. 3/2017 s. 3.