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Transport Legislation Amendment (Public Transport Development Authority) Act 2011

No. 61 of 2011

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 2

PART 2—THE PUBLIC TRANSPORT DEVELOPMENT AUTHORITY 3

3 New Division 1A of Part 5 inserted 3

Division 1A—Public Transport Development Authority 3

Subdivision 1—Establishment, Object, Functions and Powers 3

79A Public Transport Development Authority 379AB Official seal 379AC Public Transport Development Authority represents

the Crown 479AD Object of the Public Transport Development

Authority 479AE Functions of the Public Transport Development

Authority 679AF Powers of the Public Transport Development

Authority 1179AG Extra-territoriality 14

Subdivision 2—Constitution, Procedures and Staff 14

79B Board of directors 1479BA Constitution of board of directors 1579BC Appointment of directors 1579BD Acting appointments 1679BE Vacancies, resignations, removal from office 1879BF Validity of acts or decisions 1979BG Proceedings of board of directors 1979BH Resolutions without meetings 2079BI Chief executive officer 21

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79BJ Employees and other staff 2379BK Power to enter into arrangements for the services of

public servants 2379BL Delegation by the Public Transport Development

Authority 2479BM Public Transport Development Authority not to

make loans to directors 2579BN Indemnity 26

Subdivision 3—General Provisions 26

79C Compulsory acquisition of land 2679D Easements 2879E Public Transport Development Authority may use or

manage Crown lands reserved under Crown Land (Reserves) Act 1978 29

79F Grant of unalienated Crown land 3179G Acquisition of land or interest in land to achieve

environmental sustainability 3179H Powers to enter land for investigative purposes 3279I Power to enter building 3479J Powers to enter land to construct or maintain works 3479K Contingency planning for exercise of certain powers 3679L Public Transport Development Authority to conduct

cost-benefit analysis of relevant rail safety projects 3779M Guidelines for cost-benefit analysis and consultation 3879N Reports to Minister 3879O Directions 3979P Corporate plan 3979Q Statement of corporate intent 4179R Corporate plan to be followed 4279S Nothing void merely because of non-compliance 4379T Board of directors to give notice of significant events 43

Subdivision 4—Financial Provisions 43

79U Public Transport Development Authority to prepare budgets 43

79V Minister to submit budgets 4679VA Funding of deficit 4779VB Revised budget 4779VC Interim budgets 4779VD Public Transport Development Authority to provide

budgetary information 4879VE General fund 4879VF Financial accommodation 5079VG Power of Treasurer to execute guarantee 51

Subdivision 5—Performance and Financial Reporting 52

79W Performance reports 5279X Financial reports 53

PART 3—TRANSFER PROVISIONS 55

4 New Part 10 inserted 55

PART 10—TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) ACT 2011 55

Division 1—Preliminary 55

240 Purpose of Part 55241 Definitions 55

Division 2—Transfer of Property, Rights and Liabilities and Staff 59

242 Minister may direct transfer of Director of Public Transport property, rights and liabilities held on behalf of the Crown 59

243 Minister may direct transfer of Public Transport Ticketing Body property, rights and liabilities 61

244 Minister may direct transfer of Victorian Rail Track property, rights and liabilities 63

245 Minister may direct transfer of V/Line Corporation property, rights and liabilities 65

246 Transfer of Metlink property, rights and liabilities 66247 Minister may direct transfer of Secretary property,

rights and liabilities held on behalf of the Crown 68248 Property, rights and liabilities allocated in accordance

with direction 70249 Allocation of property and rights subject to

encumbrances 70250 Certificate of chief executive officer 71251 Certificate of Secretary—Metlink property, rights or

liabilities 72252 Value of allocated property, rights or liabilities 72253 Substitution of party to agreement 73254 Former relevant transferor instruments 73255 Proceedings 73256 Interests in land 74257 Easements 74258 Amendment of Register 74259 Taxes 75

260 Evidence 76261 Transfer of employees of Public Transport Ticketing

Body to the Public Transport Development Authority 76262 Transfer of employees of Metlink to the Public

Transport Development Authority 78263 Validity of things done under this Part 80

PART 4—RELATED AND CONSEQUENTIAL AMENDMENTS 82

Division 1—Transport Integration Act 2010 82

5 Consequential amendments 826 Amendment of section 33—Functions of the Department 847 New section 37A inserted—Contingency planning for

exercise of certain powers 8537A Contingency planning for exercise of certain powers 85

8 Section 63 substituted 8563 Transport plan 85

9 New section 69A inserted—Withdrawal of certain functions and powers from the Director of Public Transport 8669A Withdrawal of certain functions and powers from

the Director of Public Transport 8610 Amendment of section 87—Functions of the Roads

Corporation 8711 New section 109A inserted—Financial reports 88

109A Financial reports 8812 Amendment of section 110—Corporate Plan 8913 Amendment of section 120—Functions of Victorian Rail

Track 8914 Repeal of section 127 8915 Amendment of section 132—Functions of V/Line

Corporation 8916 Amendment of section 138—Functions of the Linking

Melbourne Authority 9017 Amendment of section 141E—Functions of the Port of

Melbourne Corporation 9018 Amendment of section 141M—Functions of the Victorian

Regional Channels Authority 9019 Amendment of section 165—Corporate Plan 9020 New section 203A and 203B inserted 91

203A Saving and transitionals—Transport Legislation Amendment (Public Transport Development Authority) Act 2011 91

203B Transitional regulations—Transport Legislation Amendment (Public Transport Development Authority) Act 2011 92

Division 2—Specified Acts 93

21 Amendment of Rail Management Act 1996 93

Division 1A—Powers of the Secretary and the Public Transport Development Authority 93

67A Clearance of trees or wood 9367B No obligation to fence 9567C Power to open and break up roads and divert traffic 9567D Power to install stopping places and associated

facilities 9667E Level crossings 9667F Tram infrastructure 9667G Overhead power supply 9767H Power to stop traffic 9767I Exercise of powers 98

22 Amendment of Rail Safety Act 2006 9935A Public Transport Development Authority is exempt 9935B Secretary to the Department of Transport is exempt 99

23 Amendment of Transport (Compliance and Miscellaneous) Act 1983 99

24 Amendment of section 220D of the Transport (Compliance and Miscellaneous) Act 1983 100

25 Consequential amendments to specified Acts 101

PART 5—ABOLITION OR DISSOLUTION OF TRANSPORT BODIES 102

26 Abolition of Director of Public Transport 10227 New Division 3 inserted in Part 10 of the Transport

Integration Act 2010 103

Division 3—Administrator of the Public Transport Ticketing Body 103

264 Provisions to prevail 103265 The Administrator 103266 Vacancy, resignation or removal from office 104267 Functions and powers 104268 Staff 105269 Delegation 105270 Directions 105271 Effect of appointment of Administrator 106

28 New Division 4 inserted in Part 10 of the Transport Integration Act 2010 107

Division 4—Dissolution of the Public Transport Ticketing Body 107

272 Dissolution of the Public Transport Ticketing Body 10729 Consequential amendments—Transport (Compliance and

Miscellaneous) Act 1983 10830 Consequential amendment—Transport Integration Act 2010 10831 Repeal of amending Act 108

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SCHEDULES 109

SCHEDULE 1—References to the Director of Public Transport changed to Public Transport Development Authority 109

1 Bus Services Act 1995 1092 Docklands Act 1991 1113 Duties Act 2000 1124 EastLink Project Act 2004 1125 Major Transport Projects Facilitation Act 2009 1126 Melbourne City Link Act 1995 1137 Planning and Environment Act 1987 1138 Rail Management Act 1996 1139 Rail Safety Act 2006 11910 Road Management Act 2004 12011 Road Safety Act 1986 12012 Tourist and Heritage Railways Act 2010 12013 Transport (Compliance and Miscellaneous) Act 1983 12114 Victorian Urban Development Authority Act 2003 123

SCHEDULE 2—Other changes to References to Director of Public Transport 124

1 Education and Training Reform Act 2006 1242 Graffiti Prevention Act 2007 1243 Major Transport Projects Facilitation Act 2009 1244 Rail Management Act 1996 1245 Transport (Compliance and Miscellaneous) Act 1983 124

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ENDNOTES 126

Transport Legislation Amendment (Public Transport Development

Authority) Act 2011†

No. 61 of 2011

[Assented to 15 November 2011]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purpose

The purpose of this Act is to—

(a) amend the Transport Integration Act 2010 to establish the Public Transport Development Authority to—

Victoria

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(i) deliver more customer focused public transport services by planning, coordinating and managing the public transport system;

(ii) administer the arrangements for the provision of metropolitan trams, trains and buses and regional trains and buses;

(iii) operate as the face of public transport;

(iv) improve the public transport service experience and create a public transport shopfront for passengers and stakeholders;

(b) make related and consequential amendments to the Transport Integration Act 2010, the Transport (Compliance and Miscellaneous) Act 1983 and certain other Acts.

2 Commencement

(1) Part 1 comes into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to subsections (3) and (4), the remaining provisions of this Act (including the items and provisions of items in a Schedule) come into operation on a day or days to be proclaimed.

(3) Subject to subsection (4), if a provision referred to in subsection (2) (including an item or a provision of an item in a Schedule) other than a provision of Part 5, does not come into operation before 1 July 2012, that provision comes into operation on that day.

(4) If a provision of Part 5 does not come into operation before 30 June 2013, that provision comes into operation on that day.

__________________

Section Page

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s. 2

PART 2—THE PUBLIC TRANSPORT DEVELOPMENT AUTHORITY

3 New Division 1A of Part 5 insertedSee:Act No.6/2010.Reprint No. 1as at1 September 2010and amendingAct Nos13/2009, 6/2010, 54/2010, 65/2010, 79/2010, 34/2011, 35/2011 and 38/2011.LawToday:www.legislation.vic.gov.aus. 3

After Division 1 of Part 5 of the Transport Integration Act 2010 insert—

"Division 1A—Public Transport Development Authority

Subdivision 1—Establishment, Object, Functions and Powers

79A Public Transport Development Authority

(1) The Public Transport Development Authority is established.

(2) The Public Transport Development Authority—

(a) is a body corporate with perpetual succession;

(b) has an official seal;

(c) may sue and be sued;

(d) may acquire, hold and dispose of real and personal property;

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(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

79AB Official seal

(1) The official seal of the Public Transport Development Authority must—

(a) be kept in such custody as the Public Transport Development Authority directs;

(b) not be used except as authorised by the Public Transport Development Authority.

(2) All courts must take judicial notice of the official seal of the Public Transport Development Authority affixed to any document.

79AC Public Transport Development Authority represents the Crown

In performing its functions and exercising its powers, the Public Transport Development Authority represents the Crown.

79AD Object of the Public Transport Development Authority

(1) The primary object of the Public Transport Development Authority is to plan, coordinate, provide, operate and maintain a safe, punctual, reliable and clean public transport system consistent with the vision statement and the transport system objectives.

(2) Without limiting the generality of subsection (1), the primary object includes the following—

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(a) to ensure, in collaboration with other transport bodies and public entities, that the public transport system operates as part of an integrated transport system which seeks to meet the needs of all transport system users;

(b) to manage the public transport system in a manner which supports a sustainable Victoria by—

(i) seeking to increase the share of public transport trips as a proportion of all transport trips in Victoria;

(ii) actively promoting public transport to Victorian families and other members of the community as an alternative to travelling by motor car;

(iii) while seeking to give effect to subparagraphs (i) and (ii), also seeking to improve the environmental performance and minimise the adverse environmental impacts of the public transport system;

(c) to contribute to social wellbeing by providing access to opportunities and supporting liveable communities;

(d) to promote economic prosperity through efficient and reliable movement of public transport users while also supporting rail freight services;



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(e) in collaboration with relevant bodies including the Department, the Roads Corporation, public transport operators, Victorian Rail Track, Municipal Councils, the Director, Transport Safety, the Department of Justice and Victoria Police, to improve the safety of public transport for public transport users.

79AE Functions of the Public Transport Development Authority

(1) The functions of the Public Transport Development Authority are to—

(a) act as the public face of the public transport system in Victoria by—

(i) providing and disseminating, or arranging for the provision and dissemination of, including by maintaining a public transport website on the Internet, information on public transport matters including services, fares and timetables;

(ii) managing the public transport brand, including through consistent signage on public transport infrastructure;

(iii) managing relationships with, and between, stakeholders in the public transport system;

(iv) acting as an advocate and spokesperson for the public



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transport system in accordance with the Government's public transport policies and priorities and under the Department's planning framework;

(b) assist persons and bodies to construct, maintain or vary public transport infrastructure, including rail infrastructure, roads, road-related infrastructure, roadsides and other transport assets;

(c) construct or vary public transport infrastructure, including rail infrastructure, roads, road-related infrastructure, roadsides and other transport assets, as directed by the Minister;

(d) manage operational public transport infrastructure, including rail infrastructure and other transport assets, including by—

(i) undertaking or causing to be undertaken audits of that infrastructure and assets and reporting on the condition of, and works programs for, that infrastructure and those assets;

(ii) setting standards for the maintenance and condition of that infrastructure and those assets;

(iii) setting medium and long term asset management strategies for that infrastructure and those assets;



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(e) plan for the development of public transport networks as part of an integrated transport system, including by undertaking feasibility studies, under the Department's planning framework;

(f) manage the coordination of trams, trains and buses, including by setting standards and parameters for timetabling and connectivity of passenger services;

(g) develop and implement policies and strategies to improve the safety of passenger services and the security of the public transport system;

(h) develop and implement operational and service policies, plans, guidelines, standards, limits and practices for the public transport system and related matters under the Department's planning framework;

(i) provide and operate, or facilitate the provision and operation of, public transport, including by—

(i) entering and managing contracts for passenger services and other ancillary or incidental transport services, including ticketing systems;

(ii) operating passenger services and other ancillary or incidental transport services;

(iii) putting into service and maintaining rolling stock, buses or



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other vehicles for passenger services or other ancillary or incidental transport services;

(iv) procuring passenger services, rolling stock and transport assets, including other ancillary or incidental transport services and assets, as directed by the Minister;

(j) provide and operate, or facilitate the provision and operation of, ticketing systems used for the public transport system and manage ongoing improvements in the ticketing systems for the public transport system, including advising the Secretary on the structure and level of fares;

(k) monitor and report to the Minister on whether the provision of passenger services meets contractual obligations and Government and community expectations, including through conducting surveys in relation to customer satisfaction with the provision of passenger services and with the public transport system generally;

(l) protect future options for the improvement of the transport system including holding, retaining and reserving land for future rail corridors;

(m) develop and implement effective environmental policies, strategies and management systems under the Department's planning framework to support a sustainable transport system, including minimising any adverse environmental impacts from the public transport system;



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(n) provide support to tourist and heritage railway operators within the meaning of the Tourist and Heritage Railways Act 2010;

(o) manage and administer matters relating to freight as directed by the Minister, including matters relating to any transfer of property, rights or liabilities under Part 10;

(p) perform any other functions or duties conferred on the Public Transport Development Authority by any other Act or any regulations under any other Act.

(2) In performing the functions conferred on the Public Transport Development Authority, the Public Transport Development Authority must—

(a) where relevant, engage with stakeholders so as to ensure better outcomes for all Victorians;

(b) conduct research and collect information relating to the performance of its functions and the operation of the public transport system so as to enable the Public Transport Development Authority to meet the object of the Public Transport Development Authority, including information in relation to the performance and operation of the public transport system in comparable jurisdictions for the purpose of benchmarking;



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(c) efficiently deal with any complaints relating to the performance of—

(i) the public transport system;

(ii) the functions of the Public Transport Development Authority;

(iii) a public transport operator;

(d) perform the functions consistently with Government policies and strategies for rail freight in Victoria.

(3) The functions of the Public Transport Development Authority do not include the development of legislation and regulatory policy relating to public transport and related matters.

(4) However, the Public Transport Development Authority may advise or comment on the development of legislation, regulatory policy and related matters.

79AF Powers of the Public Transport Development Authority

(1) The Public Transport Development Authority has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the Public Transport Development Authority and the performance of its functions.

(2) Without limiting the generality of subsection (1), the Public Transport Development Authority may—

(a) conduct or undertake the general administration of arrangements entered



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into with any person or body to provide passenger services or other transport services in connection with the functions of the Public Transport Development Authority;

(b) enter into any agreement or contract to support the provision of passenger services or other transport services in connection with the functions of the Public Transport Development Authority;

(c) enter into any lease or licence to support the provision of passenger services or other transport services in connection with the functions of the Public Transport Development Authority;

(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 any passenger services or other transport services;

(f) give indemnities, guarantees, releases and charges, and anything else of a similar nature;

(g) exercise the powers conferred on the Public Transport Development Authority by any other Act or any regulations under any other Act.

(3) Without limiting the generality of subsection (1), the Public Transport Development Authority may—



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(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;

(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 Public Transport Development Authority;

(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

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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;

(j) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit, any Crown copyright;

(k) engage consultants, contractors or agents;

(l) act as an agent of another person.

(4) 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 Public Transport Development Authority.

79AG Extra-territoriality

(1) The Public Transport Development Authority may also perform its functions and exercise its powers outside Victoria.

(2) Subject to any directions given, and conditions imposed, by the Minister, the Public Transport Development Authority may also perform its functions and exercise its powers outside Australia.

Subdivision 2—Constitution, Procedures and Staff

79B Board of directors

(1) The Public Transport Development Authority must have a board of directors.

(2) The board of directors of the Public Transport Development Authority is to



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consist of not less than 3, and not more than 7, directors appointed in accordance with this Subdivision.

(3) The board of directors of the Public Transport Development Authority—

(a) is responsible for the management of the affairs of the Public Transport Development Authority;

(b) may exercise the powers of the Public Transport Development Authority.

79BA Constitution of board of directors

The board of directors of the Public Transport Development Authority consists of—

(a) a chairperson;

(b) a deputy chairperson;

(c) subject to section 79B(2), any other directors as are appointed by the Minister in accordance with this Subdivision.

79BC Appointment of directors

(1) The chairperson, deputy chairperson and other directors of the Public Transport Development Authority must be appointed by the Minister.

(2) Until the expiry of the period of 12 months after the commencement of section 26 of the Transport Legislation Amendment (Public Transport Development Authority) Act 2011, the chairperson of the board of directors may also be appointed as the chief executive officer of the Public Transport Development Authority in accordance with section 79BI.



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(3) As from the expiry of the period of 12 months after the commencement of section 26 of the Transport Legislation Amendment (Public Transport Development Authority) Act 2011, the Minister must appoint a person who is a community representative to be one of the directors of the Public Transport Development Authority.

(4) A director is appointed for the fixed term specified in the instrument of appointment.

(5) A director is appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.

(6) A director is eligible to be re-appointed.

(7) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director of the Public Transport Development Authority in respect of the office of director.

79BD Acting appointments

(1) The deputy chairperson of the board of directors of the Public Transport Development Authority must act as chairperson—

(a) if the office of chairperson is vacant; or

(b) during any period when the chairperson is absent; or

(c) if the chairperson is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office.

(2) While the deputy chairperson is acting as chairperson, the deputy chairperson—



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(a) has and may exercise all the powers, and must perform all the functions and duties, of the chairperson;

(b) is entitled to be paid the remuneration and allowances which the chairperson would have been entitled to.

(3) The Minister may appoint a director of the Public Transport Development Authority to act as deputy chairperson—

(a) during a vacancy in the office of deputy chairperson; or

(b) during any period when the deputy chairperson is absent; or

(c) during any period when the deputy chairperson is acting as chairperson; or

(d) if the deputy chairperson is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office.

(4) While a director is acting as deputy chairperson, the director—

(a) has and may exercise all the powers, and must perform all the functions and duties, of the deputy chairperson;

(b) is entitled to be paid the remuneration and allowances which the deputy chairperson would have been entitled to.

(5) The Minister may appoint a person to act as a director (other than the chairperson or deputy chairperson) of the Public Transport Development Authority—



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(a) during a vacancy in the office of a director; or

(b) during any period when the director is absent; or

(c) during any period when the director is acting as deputy chairperson; or

(d) if the director is, for any other reason, unable to attend meetings of the board of directors or otherwise unable to perform the duties of the office.

(6) While a person is acting as a director, the person—

(a) has and may exercise all the powers, and must perform all the functions and duties, of a director;

(b) is entitled to be paid the remuneration and allowances which a director would have been entitled to.

79BE Vacancies, resignations, removal from office

(1) The office of a director of the Public Transport Development Authority becomes vacant if the director—

(a) without the approval of the board of directors, fails to attend 3 consecutive meetings of the board of directors; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or



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(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence.

(2) A director may resign by notice in writing delivered to the Minister.

(3) The Minister may remove or suspend a director from office.

(4) A director must be removed from office by the Minister if the director is convicted of an offence relating to his or her duties as a director.

79BF Validity of acts or decisions

An act or decision of the board of directors of the Public Transport Development Authority is not invalid only—

(a) because of a vacancy in the membership of the board of directors, including a vacancy arising from the failure to appoint a director; or

(b) because of a defect or irregularity in, or in connection with, the appointment of a director or an acting director; or

(c) in the case of an acting director, on the grounds that the occasion for the person to act had not arisen or had ceased.

79BG Proceedings of board of directors

(1) Subject to subsection (2), meetings of the board of directors of the Public Transport Development Authority must be held at the times and places determined by the board of directors.

(2) The chairperson—



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(a) may at any time convene a meeting of the board of directors;

(b) must convene a meeting of the board of directors when requested by a director to do so.

(3) A majority of the directors of the board of directors for the time being constitutes a quorum of the board of directors.

(4) A question arising at a meeting of the board of directors is determined by a majority of votes.

(5) The person presiding at a meeting of the board of directors has—

(a) a deliberative vote; and

(b) in the case of an equality of votes, a second or casting vote.

(6) The board of directors must ensure that accurate minutes are kept of its meetings.

(7) The board of directors may permit directors to participate in a particular meeting, or all meetings, by telephone, closed-circuit television or other means of communication that does not require the physical presence of each director in the same place.

(8) Subject to this Act, the board of directors may regulate its own proceedings.

79BH Resolutions without meetings

(1) If the directors for the time being of the Public Transport Development Authority (other than a director who is absent from Australia when the other directors sign) sign a document containing a statement that they are in favour of a resolution in the terms set



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out in the document, a resolution in those terms is deemed to have been passed at a meeting of the board of directors held—

(a) on the day on which the document is signed; or

(b) if the directors do not sign the document on the same day, on the day on which the last director to sign signs the document.

(2) If a resolution is deemed under subsection (1) to have been passed at a meeting of the board of directors, each director must be—

(a) advised as soon as practicable; and

(b) given a copy of the terms of the resolution.

(3) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, are deemed to constitute one document.

79BI Chief executive officer

(1) The board of directors of the Public Transport Development Authority, with the approval of the Minister, may appoint a person as the chief executive officer of the Public Transport Development Authority and may at any time remove or suspend a person from that office.

(2) The chief executive officer of the Public Transport Development Authority holds office, subject to this Act, on a full-time basis and on such terms and conditions as are determined by the Minister and specified in the instrument of appointment.



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(3) The chief executive officer may be a director of the Public Transport Development Authority but cannot be appointed the chairperson except as provided by section 79BC(2).

(4) The chief executive officer may resign from the office in writing signed by the chief executive officer and delivered to the chairperson of the board of directors.

(5) If the chief executive officer is the chairperson of the board of directors, the chief executive officer may resign from the office in writing signed by the chief executive officer and delivered to the Minister.

(6) If the chief executive officer is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the office of chief executive officer, the board of directors may appoint another person to act in the place of the chief executive officer during the period of the inability.

(7) A person appointed under this section to act in the place of the chief executive officer while so acting—

(a) has all the rights and powers, and must perform all the duties, of the chief executive officer of the Public Transport Development Authority; and

(b) is to be paid any remuneration and travelling or other allowances fixed by the board of directors from time to time, having regard to the rate of remuneration and allowances for the time being payable to the chief



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executive officer of the Public Transport Development Authority.

(8) If the chief executive officer was immediately before his or her appointment an officer within the meaning of the State Superannuation Act 1988 or a member within the meaning of the Transport Superannuation Act 1988, he or she continues to be such an officer or member while serving with the Public Transport Development Authority.

79BJ Employees and other staff

(1) The Public Transport Development Authority may employ any persons for the purposes of carrying out the object, functions, powers and duties of the Public Transport Development Authority.

(2) Persons employed by the Public Transport Development Authority are to be employed on the terms and conditions determined by the Public Transport Development Authority and approved by the Minister.

(3) If a person employed by the Public Transport Development Authority was immediately before his or her appointment an officer within the meaning of the State Superannuation Act 1988 or a member within the meaning of the Transport Superannuation Act 1988, he or she continues to be such an officer or member while serving with the Public Transport Development Authority.

79BK Power to enter into arrangements for the services of public servants

(1) For the purposes of carrying out the object, functions, powers and duties of the Public



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Transport Development Authority, the Public Transport Development Authority, in addition to all other powers conferred on it by or under this or any other Act, may enter into arrangements for the services of persons employed under Part 3 of the Public Administration Act 2004.

(2) Without limiting the generality of subsection (1), the Public Transport Development Authority may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or public body.

(3) The Secretary may, if requested by the Public Transport Development Authority, give the Public Transport Development Authority such reasonable assistance as is necessary to assist the Public Transport Development Authority to carry out the object, functions, powers and duties of the Public Transport Development Authority.

79BL Delegation by the Public Transport Development Authority

(1) The Public Transport Development Authority by instrument may delegate to any person any power, duty or function of the Public Transport Development Authority under any Act or regulations including, subject to subsection (3), this power of delegation.

(2) A delegation under this section may be made—

(a) in relation to a person or class of persons specified in the instrument of delegation; or



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(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.

(3) A person to whom a power, duty or function has been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function.

(4) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subsection (3) as if it were a delegation.

79BM Public Transport Development Authority not to make loans to directors

(1) The powers of the Public Transport Development Authority do not include a power, whether directly or indirectly—

(a) to make a loan to a director of the Public Transport Development Authority, a partner of such a director, or a relative (as defined in the Corporations Act) of such a director or partner; or

(b) to give a guarantee or provide security in connection with a loan made or to be made by another person to a director, partner or relative referred to in paragraph (a).

(2) Nothing in subsection (1) prohibits the Public Transport Development Authority



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entering into an agreement or arrangement with a person referred to in subsection (1) if similar agreements or arrangements are entered into by the Public Transport Development Authority with members of the public on the same terms and conditions.

79BN Indemnity

The powers of the Public Transport Development Authority do not include a power to exempt, whether directly or indirectly, a director of the Public Transport Development Authority from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of the Public Transport Development Authority against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to the Public Transport Development Authority.

Subdivision 3—General Provisions

79C Compulsory acquisition of land

(1) Subject to the approval of the Minister, the Public Transport Development Authority may compulsorily acquire any land which is or may be required by the Public Transport Development Authority for or in connection with the performance of its functions or the exercise of its powers.

(2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—



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(a) the Transport Integration Act 2010 is the special Act;

(b) the Public Transport Development Authority is the Authority;

(c) land includes strata above or below the surface of land and easements and rights to use land or strata above or below the surface of the land;

(d) section 75 of the Land Acquisition and Compensation Act 1986 has effect as if it empowered the Authority to enter any land and section 75(6) did not apply.

(3) In full or part settlement of any compensation that the Public Transport Development Authority is liable to pay, the Public Transport Development Authority may—

(a) transfer a building from land owned by a person entitled to the compensation to other land owned either by that person or by the Public Transport Development Authority; or

(b) transfer a building from land owned by the Public Transport Development Authority to other land owned either by the Public Transport Development Authority or by a person entitled to the compensation.

(4) If the Public Transport Development Authority acquires any land compulsorily under this section—

(a) the Public Transport Development Authority may require the owner of the land to take any land adjoining it that is



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owned by the Public Transport Development Authority and is no longer required by the Public Transport Development Authority; and

(b) the value of that adjoining land must be deducted from any sum to be paid by way of compensation to the owner for the compulsory acquisition; and

(c) if that value cannot be agreed between the Public Transport Development Authority and the owner it must be settled in the same manner and at the same time as the compensation to be paid to the owner.

79D Easements

(1) If any right to use land or any right in the nature of an easement or purporting to be an easement is acquired by the Public Transport Development Authority, it is deemed for all purposes to be an easement even though there is no land vested in or held by the Public Transport Development Authority that is in fact benefited or capable of being benefited by that right.

(2) If by or under this Act any private right of way or easement is extinguished or any easement is acquired by the Public Transport Development Authority—

(a) the Registrar of Titles must make any recordings in the Register that are necessary or expedient because of that extinguishment or acquisition; and

(b) the holder of any relevant certificate of title must deliver it to the Registrar of Titles.



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(3) Subsection (2) does not apply to an easement acquired compulsorily by the Public Transport Development Authority.

79E Public Transport Development Authority may use or manage Crown lands reserved under Crown Land (Reserves) Act 1978

(1) The Public Transport Development Authority 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.

(2) If any Crown land proposed to be so used or managed by the Public Transport Development Authority is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use or management, the Public Transport Development Authority cannot use or manage the land unless and until the reservation is revoked in accordance with section 9 of that Act.

(3) The Public Transport Development Authority must make compensation, in respect of the use or management under this section by the Public Transport Development Authority of any Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose inconsistent with that use, in the manner and to the extent agreed upon by the



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Public Transport Development Authority and the Minister administering the Crown Land (Reserves) Act 1978.

(4) An agreement under subsection (3) may provide for—

(a) the payment by the Public Transport Development Authority of a sum of money as agreed upon by the Public Transport Development Authority and the Minister administering the Crown Land (Reserves) Act 1978; or

(b) the undertaking of works or the making of provision by the Public Transport Development Authority in place of any improvements on the land as agreed upon by the Public Transport Development Authority and the Minister administering the Crown Land (Reserves) Act 1978; or

(c) both the payment of a sum of money in accordance with paragraph (a) and the undertaking of works or the making of provision in accordance with paragraph (b).

(5) If an agreement under subsection (3) provides for the payment of a sum of money, that money must, unless the Minister administering the Crown Land (Reserves) Act 1978 otherwise directs, be paid to that Minister.

(6) The Minister administering the Crown Land (Reserves) Act 1978 may direct that money to be paid under an agreement under subsection (3) must be—

(a) paid to—



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(i) the trustees in whom or the Council in which the land is vested; or

(ii) the committee of management appointed in respect of the land; or

(iii) the authority under whose control and management the land has been placed pursuant to section 18 of the Crown Land (Reserves) Act 1978; or

(iv) any other person or persons as are agreed upon by the Public Transport Development Authority and the Minister administering the Crown Land (Reserves) Act 1978; and

(b) applied as directed by the Minister.

(7) If any dispute arises as to the amount of any sum of money payable under this section, that dispute is to be determined by the Governor in Council.

79F Grant of unalienated Crown land

(1) This section applies to any land vested in the Public Transport Development Authority under this Act which was immediately prior to its use or management for transport purposes unalienated land of the Crown whether set apart as a government road or not.

(2) Subject to subsection (3), the Governor in Council, on the recommendation of the Minister administering section 22A of the Land Act 1958, may grant that land to the Public Transport Development Authority



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subject to any conditions, exceptions and reservations as the Governor in Council considers appropriate.

(3) This section is subject to section 8 of the Crown Land (Reserves) Act 1978 and section 349 of the Land Act 1958.

79G Acquisition of land or interest in land to achieve environmental sustainability

(1) The power conferred by this section is in addition to, and does not limit, any other power conferred on the Public Transport Development Authority.

(2) The Public Transport Development Authority may acquire by negotiation any land or interest in any land which the Public Transport Development Authority considers is reasonably necessary to avoid, minimise and offset harm to the local and global environment arising out of the performance of its functions or the exercise of its powers.

79H Powers to enter land for investigative purposes

(1) The Public Transport Development Authority may enter any land and do all things necessary and convenient for investigative purposes to determine whether the land should be compulsorily acquired.

(2) The Public Transport Development Authority may exercise the powers conferred by this section on the Public Transport Development Authority by any person who is authorised in writing by the Public Transport Development Authority to do so.



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(3) The Public Transport Development Authority must not exercise a power under this section unless—

(a) the Public Transport Development Authority has given 7 days' notice in writing to the occupier of the land that is to be entered; or

(b) the occupier of the land consents to entry to the land; or

(c) immediate entry is necessary because of an emergency.

(4) A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless the occupier consents to a different time.

(5) In exercising powers under this section, the Public Transport Development Authority must—

(a) cause as little harm and inconvenience as possible;

(b) stay on the land only for as long as is reasonably necessary to exercise the power;

(c) remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;



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(d) leave the land as nearly as possible in the condition in which the Public Transport Development Authority found it;

(e) ensure that as little damage as possible is done to the land;

(f) co-operate as much as possible with the owner and any occupier of the land.

(6) If the Public Transport Development Authority has caused any damage to land while exercising a power under this section, the Public Transport Development Authority must pay compensation to the owner and any other person with an interest in the land.

(7) Compensation under subsection (6)—

(a) may, if so agreed by the person entitled to the compensation, be paid as a lump sum or by way of an annual rent; or

(b) if no agreement can be reached, must be determined in the manner provided in the Land Acquisition and Compensation Act 1986.

79I Power to enter building

The Public Transport Development Authority may after giving 7 days' notice in writing to the occupier of a building—

(a) enter the building at any reasonable hour in the day-time;

(b) inspect, make measurements and drawings and take photographs of the building;

(c) take any other measures the Public Transport Development Authority considers are necessary to ascertain the



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construction and condition of the building.

79J Powers to enter land to construct or maintain works

(1) The Public Transport Development Authority may enter any land and do all things necessary and convenient for constructing, maintaining, altering and using any works in the performance of its functions.

(2) The Public Transport Development Authority may exercise the powers conferred by this section on the Public Transport Development Authority by any person who is authorised in writing by the Public Transport Development Authority to do so.

(3) The Public Transport Development Authority must not exercise a power under this section unless—

(a) the Public Transport Development Authority has given 7 days' notice in writing to the occupier of the land that is to be entered; or

(b) the occupier of the land consents to entry to the land; or

(c) immediate entry is necessary because of an emergency.

(4) A person who is exercising a power under this section must not enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless the occupier consents to a different time.

(5) In exercising powers under this section, the Public Transport Development Authority must—



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(a) cause as little harm and inconvenience as possible;

(b) stay on the land only for as long as is reasonably necessary to exercise the power;

(c) remove from the land on completing the exercise of the power, all plant, machinery, equipment, goods or temporary buildings brought onto the land for the exercise of the power, other than anything that the owner or occupier of the land agrees may be left there;

(d) leave the land as nearly as possible in the condition in which the Public Transport Development Authority found it;

(e) ensure that as little damage as possible is done to the land;

(f) co-operate as much as possible with the owner and any occupier of the land.

(6) If the Public Transport Development Authority has caused any damage to land while exercising a power under this section, the Public Transport Development Authority must pay compensation to the owner and any other person with an interest in the land.

(7) Compensation under subsection (6)—

(a) may, if so agreed by the person entitled to the compensation, be paid as a lump sum or by way of an annual rent; or

(b) if no agreement can be reached, must be determined in the manner provided in the Land Acquisition and Compensation Act 1986.



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79K Contingency planning for exercise of certain powers

The Public Transport Development Authority must develop and maintain a contingency plan for the possible exercise of a power under section 79AE(1)(i)(ii).

79L Public Transport Development Authority to conduct cost-benefit analysis of relevant rail safety projects

(1) This section applies to a relevant rail safety project in relation to which—

(a) the Director, Transport Safety makes a rail safety recommendation; and

(b) the Public Transport Development Authority considers may have the effect of resulting in significant costs or expenses being incurred by the Public Transport Development Authority or the Crown.

(2) The Public Transport Development Authority, before undertaking or funding a relevant rail safety project the subject of a rail safety recommendation, must—

(a) conduct or cause to be conducted a cost-benefit analysis of the relevant rail safety project; and

(b) consult with—

(i) the Premier, the Treasurer and any other Minister whose area of



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responsibility may be affected by the proposed rail safety project; and

(ii) any other person specified in guidelines prepared under section 79M.

(3) The cost-benefit analysis and consultation must be conducted—

(a) in accordance with guidelines prepared under section 79M; and

(b) before the Public Transport Development Authority undertakes or funds the relevant rail safety project.

79M Guidelines for cost-benefit analysis and consultation

(1) The Minister may prepare guidelines for the purposes of cost-benefit analysis and consultation conducted under section 79L.

(2) Before preparing guidelines under this section the Minister must consult with the Premier and the Treasurer.

(3) Guidelines prepared under this section may—

(a) include guidelines about the methodology to be applied in a cost-benefit analysis conducted under section 79L;

(b) require the Public Transport Development Authority to obtain an independent assessment about the methodology to be applied in a cost-benefit analysis that is conducted under section 79L;



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(c) include guidelines about the procedure for consultation under section 79L.

79N Reports to Minister

The Minister may, in writing, require the board of directors of the Public Transport Development Authority to give the Minister any information that the Minister reasonably requires.

79O Directions

(1) The Public Transport Development Authority—

(a) is subject to the general direction and control of the Minister; and

(b) must comply with any specific direction given by the Minister.

(2) If the Public Transport Development Authority has been given a specific direction by the Minister, the Public Transport Development Authority may publish the specific direction in the Government Gazette.

(3) The Public Transport Development Authority cannot be given any direction by the Minister as to the quantum of any amount payable under section 68 of the Rail Management Act 1996 for breach of a civil penalty provision within the meaning of that section.

79P Corporate plan



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(1) The requirements in this section are in addition to the requirements under section 64.

(2) The board of directors of the Public Transport Development Authority must give a copy of the proposed corporate plan to the Minister on or before 31 May in each year.

(3) The proposed corporate plan must—

(a) be in a form approved by the Minister;

(b) include a statement of corporate intent in accordance with section 79Q;

(c) include a business plan and financial statements containing any information that the Minister requires.

(4) The board of directors of the Public Transport Development Authority must consider any comments on the proposed corporate plan that are made to the board of directors by the Minister within 6 weeks after the proposed corporate plan was submitted to the Minister.

(5) The board of directors of the Public Transport Development Authority must—

(a) consult in good faith with the Minister following communication to the board of directors of the comments;

(b) make such changes to the plan as are agreed between the Minister and the board of directors;

(c) deliver the completed corporate plan to the Minister within 2 months after the commencement of the financial year.

(6) The corporate plan, or any part of the corporate plan, must not be published or



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made available except for the purposes of this Part without the prior approval of the board of directors of the Public Transport Development Authority and the Minister.

(7) The corporate plan may be modified at any time by the board of directors of the Public Transport Development Authority with the agreement of the Minister.

(8) If the board of directors of the Public Transport Development Authority, by written notice to the Minister, proposes a modification to the corporate plan, the board of directors may make the modification unless the Minister, by written notice within 14 days, directs the board of directors not to make the modification.

(9) The Minister may, by written notice, direct the board of directors of the Public Transport Development Authority to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters.

(10) Before giving a direction under this section, the Minister must consult with the board of directors of the Public Transport Development Authority as to the matters referred to in the notice.

(11) The board of directors of the Public Transport Development Authority must comply with a direction under this section.

(12) At any particular time, the statement of corporate intent, the business plan or the financial statements for the Public Transport Development Authority are the statements and plan last completed, with any



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modifications or deletions made in accordance with this Division.

79Q Statement of corporate intent

The statement of corporate intent of the Public Transport Development Authority must specify for the Public Transport Development Authority and its subsidiaries (if any), in respect of the financial year to which it relates and each of the 2 following financial years, the following information—

(a) the business objectives of the Public Transport Development Authority and of its subsidiaries;

(b) the main undertakings of the Public Transport Development Authority and of its subsidiaries;

(c) the nature and scope of the activities to be undertaken by the Public Transport Development Authority and its subsidiaries;

(d) the accounting policies to be applied in the accounts;

(e) the performance targets and other measures by which the performance of the Public Transport Development Authority and of its subsidiaries may be judged in relation to their stated business objectives;

(f) the kind of information to be provided to the Minister by the Public Transport Development Authority during the course of those financial years;

(g) any other matters as may be agreed on by the Minister and the board of



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directors of the Public Transport Development Authority.

79R Corporate plan to be followed

(1) Unless subsection (2) applies, the Public Transport Development Authority must act only in accordance with its corporate plan.

(2) The Public Transport Development Authority must obtain the written approval of the Minister before it can act in any manner that is contrary to its corporate plan.

79S Nothing void merely because of non-compliance

Nothing done by the Public Transport Development Authority is void or unenforceable merely because the Public Transport Development Authority has failed to comply with section 79P, 79Q or 79R.

79T Board of directors to give notice of significant events

(1) This section applies if the board of directors of the Public Transport Development Authority determines that matters have arisen—

(a) that may prevent, or significantly affect, the achievement of the business objectives of the Public Transport Development Authority and its subsidiaries (if any) under the corporate plan; or

(b) that may prevent, or significantly affect, the achievement of the targets under the plan.



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(2) If this section applies, the board of directors of the Public Transport Development Authority must immediately notify the Minister of its determination and the reasons for the determination.

Subdivision 4—Financial Provisions

79U Public Transport Development Authority to prepare budgets

(1) The Public Transport Development Authority must submit to the Minister before the date fixed by the Minister an operating budget and a capital works budget for the relevant financial year.

(2) The budgets must be in the form and contain the matters required by the Minister after consultation with the Minister administering Part 7 of the Financial Management Act 1994.

(3) Before the Public Transport Development Authority submits the proposed budgets to the Minister, the Public Transport Development Authority must—

(a) liaise with the Department in preparing the budgets;

(b) submit drafts of the proposed budgets to the Department by a date agreed with the Secretary for consideration by the Department.

(4) The Minister must—

(a) consider the budgets submitted by the Public Transport Development Authority;

(b) as soon as practicable, advise the Public Transport Development Authority as to



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whether the Minister approves the budgets or approves the budgets subject to any amendment required by the Minister.

(5) The Public Transport Development Authority must operate within the budgets as approved by the Minister for the Public Transport Development Authority for the relevant financial year.

(6) If during the course of a financial year—

(a) a change has occurred in the budgetary situation of the Public Transport Development Authority which the Public Transport Development Authority or the Minister considers to be a significant change; or

(b) the Minister considers that revised budgets are necessary—

the Public Transport Development Authority must submit to the Minister, on its own initiative or at the Minister's direction, revised budgets for the remainder of the year.

(7) Before the Public Transport Development Authority submits the revised budgets to the Minister, the Public Transport Development Authority must—

(a) liaise with the Department in preparing the revised budgets;

(b) submit drafts of the proposed revised budgets to the Department by a date agreed with the Secretary for consideration by the Department.

(8) The Minister must—



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(a) consider the revised budgets submitted under subsection (6);

(b) as soon as practicable, advise the Public Transport Development Authority as to whether the Minister approves the revised budgets or approves the revised budgets subject to any amendment required by the Minister.

(9) If revised budgets are approved, the Public Transport Development Authority must operate within the revised budgets from the date that the revised budgets are approved until the end of the financial year.

(10) The Public Transport Development Authority must provide to the Minister within the time and in the form requested by the Minister any information which the Minister may request relating to—

(a) the budgetary position;

(b) the finances and cash position;

(c) the workforce position;

(d) any other factors relevant to the Public Transport Development Authority's operations or capital works program—

for the year or for any ensuing year or years.

79V Minister to submit budgets

Before the Minister approves any budgets or revised budgets, the Minister must—

(a) submit the budgets the Minister proposes to approve for the Public Transport Development Authority for the whole financial year to the Minister administering Part 7 of the Financial



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Management Act 1994 for that Minister's consideration and approval;

(b) submit to the Minister administering Part 7 of the Financial Management Act 1994 any proposed revised budgets for a portion of a financial year for that Minister's consideration and approval together with an estimate of the result of the budgets for the Public Transport Development Authority for which a revised budget is not proposed.

79VA Funding of deficit

If—

(a) the Treasurer has approved the budgets for the Public Transport Development Authority for the whole financial year as submitted or with any amendment required by the Minister, the Minister administering Part 7 of the Financial Management Act 1994 and the Treasurer; and

(b) either or both of those budgets include a deficit—

the Treasurer, the Minister and the Minister administering Part 7 of that Act must consider how that deficit is to be funded.

79VB Revised budget

If, during the course of a year, the Minister has submitted to the Treasurer and the Minister administering Part 7 of the Financial Management Act 1994 a



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proposed revised budget for the Public Transport Development Authority for the remainder of the year, the Minister, the Minister administering Part 7 of that Act and the Treasurer must consider that revised budget and the method of funding any changes in deficits in the budget of the Public Transport Development Authority.

79VC Interim budgets

(1) If at the commencement of a financial year the budget for the Public Transport Development Authority has not been approved, the Public Transport Development Authority must operate within an interim budget agreed to by the Minister, the Minister administering Part 7 of the Financial Management Act 1994 and the Treasurer.

(2) Any deficit included in an interim budget may be funded in whole or in part by any appropriation available for the purpose.

(3) An interim budget lapses when a final budget is approved for the Public Transport Development Authority.

79VD Public Transport Development Authority to provide budgetary information

If the Minister administering Part 7 of the Financial Management Act 1994 requests through the Minister any information relating to the budgets or budgetary or financial position of the Public Transport Development Authority, the Public Transport Development Authority must as soon as possible provide that information as far as is practicable.

79VE General fund



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(1) The Public Transport Development Authority must establish and maintain a general fund.

(2) The Public Transport Development Authority, with the approval of the Minister administering Part 7 of the Financial Management Act 1994, must—

(a) open and maintain accounts with any authorised deposit-taking institution or institutions within the meaning of the Banking Act 1959 of the Commonwealth;

(b) maintain at least one of those accounts to be used for the purposes of its general fund.

(3) Subject to subsection (4), the Public Transport Development Authority must pay into its general fund all trading revenue, interest and other money received by or paid to the Public Transport Development Authority.

(4) Subject to subsection (5), the Public Transport Development Authority must pay into the Public Account—

(a) all money borrowed by the Public Transport Development Authority under this Act;

(b) all money resulting from the disposal by the Public Transport Development Authority of any real or personal property, whether or not under an arrangement by which the Public Transport Development Authority is to enter into a lease of the property so disposed of;



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(c) the proceeds of any advances or financial accommodation obtained by the Public Transport Development Authority under section 79VF.

(5) Subsection (4) does not apply if—

(a) the money or proceeds are to be used for the operating or trading activity of the Public Transport Development Authority; or

(b) the Minister administering Part 7 of the Financial Management Act 1994 otherwise approves.

(6) All payments made by the Public Transport Development Authority must be made out of its general fund.

(7) The Public Transport Development Authority may invest money in its general fund in any manner approved by the Minister administering Part 7 of the Financial Management Act 1994.

79VF Financial accommodation

(1) The Public Transport Development Authority may, with the approval of the Treasurer, obtain financial accommodation by way of overdraft of account at any authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth or other financial institution in Australia.

(2) The due repayment or satisfaction of any advances or financial accommodation obtained under this section and the due repayment of any interest or other charges payable in relation thereto is hereby guaranteed by the Government of Victoria.



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(3) Any money required by the Minister administering Part 7 of the Financial Management Act 1994 for fulfilling any guarantee given by this section must be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.

(4) Any money received or recovered by the Minister administering Part 7 of the Financial Management Act 1994 from the Public Transport Development Authority or otherwise in respect of any money paid by that Minister under subsection (3) must be paid into the Consolidated Fund.

79VG Power of Treasurer to execute guarantee

(1) The Treasurer may execute a guarantee in favour of any person guaranteeing the due performance of any obligations of the Public Transport Development Authority under a contract—

(a) to be entered into by the Public Transport Development Authority with that person under this Act; or

(b) with the person to which the Public Transport Development Authority is substituted as a party under Part 10; or

(c) to which the person is a party which is assigned or novated to the Public Transport Development Authority by the Director of Public Transport or the Secretary on behalf of the Crown.

(2) The Treasurer may execute a guarantee in favour of any person guaranteeing the due



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performance of any obligations of any person to whom the rights and liabilities of the Public Transport Development Authority arising under a contract entered into by the Public Transport Development Authority with the first-mentioned person under this Act have been assigned.

(3) If the rights and liabilities of the Public Transport Development Authority arising under a contract entered into by the Public Transport Development Authority with a person under this Act have been assigned with the approval of the Treasurer to another person, the Treasurer may amend any guarantee given by him or her under this section in respect of that contract so that it extends to guaranteeing the due performance of any obligations of that other person under that contract.

(4) Any money required by the Treasurer for fulfilling any guarantee given by the Treasurer under this section must be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.

(5) Any money received or recovered by the Treasurer from the Public Transport Development Authority or otherwise in respect of any money paid by the Treasurer under subsection (4) must be paid into the Consolidated Fund.

(6) If the rights and liabilities arising under a contract entered into by the Public Transport Development Authority with a person have been assigned with the approval of the Treasurer to another person, the Treasurer may approve of the assignment to that other



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person of any guarantee given by the Treasurer under this section in respect of that contract.

Subdivision 5—Performance and Financial Reporting

79W Performance reports

(1) The requirements in this section are in addition to any other requirements under this Act or the Financial Management Act 1994.

(2) The Public Transport Development Authority must provide a performance report to the Minister on the performance of the public transport system.

(3) The performance report under subsection (2) must be provided and tabled together with the annual report prepared under Part 7 of the Financial Management Act 1994 in respect of that year.

(4) In addition to subsection (2), the Public Transport Development Authority must provide a further report to the Minister on the performance of the public transport system—

(a) as at 6 months after the Public Transport Development Authority is established; and

(b) as at 18 months after the Public Transport Development Authority is established.

(5) The Minister must cause a copy of each report received by the Minister under subsection (4) to be laid before each House



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of the Parliament within 14 sitting days of the House of the Parliament after receiving the report.

79X Financial reports


(2) The Public Transport Development Authority must provide a monthly financial report to the Department to support the financial reporting obligations imposed on the Secretary.

(3) A monthly financial report—

(a) must contain the matters required by the Secretary; and

(b) may contain any other information which the Public Transport Development Authority considers appropriate.

(4) The Secretary may, if the Secretary considers it reasonable to do so, request the Public Transport Development Authority to provide a financial report to the Department containing the matters required by the Secretary at any other time during the year.".

__________________



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PART 3—TRANSFER PROVISIONS

4 New Part 10 inserted

After Part 9 of the Transport Integration Act 2010 insert—

"PART 10—TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT

DEVELOPMENT AUTHORITY) ACT 2011

Division 1—Preliminary

240 Purpose of Part

The purpose of this Part is to facilitate the establishment of the Public Transport Development Authority.

241 Definitions

(1) In this Part—

allocation statement means an allocation statement given under section 242, 243, 244, 245, 246 or 247 and includes a statement that has been amended under the relevant section;

former relevant transferor instrument means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the relevant date—

(a) to which the relevant transferor was a party; or

(b) that was given to, or in favour of, the relevant transferor; or

(c) that refers to the relevant transferor; or



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(d) under which—

(i) money is, or may become, payable to the relevant transferor; or

(ii) other property is to be, or may become liable to be, transferred to or by the relevant transferor;

former relevant transferor property means property, rights or liabilities of the relevant transferor that, under this Part, have vested in, or become liabilities of, the relevant transferee;

instrument includes a document and an oral agreement;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

Metlink means Metlink Victoria Pty Ltd (ACN 105 274 904);

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

Public Transport Ticketing Body has the same meaning as it has in section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983;

relevant date, in relation to an allocation statement or property, rights or liabilities allocated under such a statement, means the date fixed by the



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Minister under subsection (2) for the purposes of that statement;

relevant transferee means—

(a) in respect of an allocation statement given under section 242, the Public Transport Development Authority, the Secretary on behalf of the Crown, Victorian Rail Track or V/Line Corporation as specified in the allocation statement;

(b) in respect of an allocation statement given under section 243, the Public Transport Development Authority or the Secretary on behalf of the Crown as specified in the allocation statement;

(c) in respect of an allocation statement given under section 244, the Public Transport Development Authority;

(d) in respect of an allocation statement given under section 245, the Public Transport Development Authority;

(e) in respect of an allocation statement given under section 246, the Public Transport Development Authority or the Secretary on behalf of the Crown as specified in the allocation statement;

(f) in respect of an allocation statement given under section 247, the Public Transport Development Authority;



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relevant transferor means—

(a) in respect of an allocation statement given under section 242, the Director of Public Transport on behalf of the Crown;

(b) in respect of an allocation statement given under section 243, the Public Transport Ticketing Body;

(c) in respect of an allocation statement given under section 244, Victorian Rail Track;

(d) in respect of an allocation statement given under section 245, V/Line Corporation;

(e) in respect of an allocation statement given under section 246, Metlink;

(f) in respect of an allocation statement given under section 247, the Secretary on behalf of the Crown;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective.

(2) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement.



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Division 2—Transfer of Property, Rights and Liabilities and Staff

242 Minister may direct transfer of Director of Public Transport property, rights and liabilities held on behalf of the Crown

(1) The Minister may give a direction in writing to the Director of Public Transport directing the Director of Public Transport on behalf of the Crown to transfer, in accordance with the direction, any property, rights and liabilities of a kind specified in the direction to—

(a) the Public Transport Development Authority; or

(b) the Secretary on behalf of the Crown; or

(c) Victorian Rail Track; or

(d) V/Line Corporation.

(2) A direction under subsection (1) may include directions as to the method of valuation to be used by the Director of Public Transport for the purposes of determining the value of property, rights and liabilities to be transferred.

(3) Within the time period specified in a direction under subsection (1), the Director of Public Transport must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities of the Director of Public Transport on behalf of the Crown to which the direction relates, as at the date



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specified by the Minister for the purposes of this section.

(4) Unless the relevant transferor otherwise agrees, the time period specified in a direction under subsection (1) must not be less than 45 days.

(5) A statement under this section—

(a) must give the value of the property, rights and liabilities of the Director of Public Transport on behalf of the Crown to be transferred; and

(b) must allocate the property, rights and liabilities of the Director of Public Transport on behalf of the Crown shown in the statement in accordance with the directions of the Minister; and

(c) must be signed by the Director of Public Transport.

(6) If a statement under this section is approved by the Minister—

(a) the Minister must sign the statement; and

(b) the statement is an allocation statement for the purposes of this Part.

(7) The Minister may at any time direct the Director of Public Transport to amend a statement given to him or her under this section as specified in the direction.

(8) An allocation statement under this section may be amended by writing signed by the Minister.

(9) An amendment under subsection (8) to an allocation statement made after the relevant



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date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the Director of Public Transport on behalf of the Crown, or as the case may be, the Public Transport Development Authority, the Secretary on behalf of the Crown, Victorian Rail Track or V/Line Corporation in relation to that statement.

243 Minister may direct transfer of Public Transport Ticketing Body property, rights and liabilities

(1) The Minister may give a direction in writing to the Public Transport Ticketing Body directing the Public Transport Ticketing Body to transfer, in accordance with the direction, any property, rights and liabilities of a kind specified in the direction to—


(b) the Secretary on behalf of the Crown.

(2) A direction under subsection (1) may include directions as to the method of valuation to be used by the Public Transport Ticketing Body for the purposes of determining the value of property, rights and liabilities to be transferred.

(3) Within the time period specified in a direction under subsection (1), the Public Transport Ticketing Body must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities of the Public Transport Ticketing Body to which



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the direction relates, as at the date specified by the Minister for the purposes of this section.

(4) Unless the relevant transferor otherwise agrees, the time period specified in a direction under subsection (1) must not be less than 45 days.


(a) must give the value of the property, rights and liabilities of the Public Transport Ticketing Body to be transferred; and

(b) must allocate the property, rights and liabilities of the Public Transport Ticketing Body shown in the statement in accordance with the directions of the Minister; and

(c) must be signed by the chief executive officer of the Public Transport Ticketing Body.




(7) The Minister may at any time direct the Public Transport Ticketing Body to amend a statement given to him or her under this section as specified in the direction.




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(9) An amendment under subsection (8) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the Public Transport Ticketing Body, or as the case may be, the Public Transport Development Authority or the Secretary on behalf of the Crown in relation to that statement.

244 Minister may direct transfer of Victorian Rail Track property, rights and liabilities

(1) The Minister may give a direction in writing to Victorian Rail Track directing Victorian Rail Track to transfer, in accordance with the direction, any property, rights and liabilities of a kind specified in the direction to the Public Transport Development Authority.

(2) A direction under subsection (1) may include directions as to the method of valuation to be used by Victorian Rail Track for the purposes of determining the value of property, rights and liabilities to be transferred.

(3) Within the time period specified in a direction under subsection (1), Victorian Rail Track must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities of Victorian Rail Track to which the direction relates, as at the date specified by the Minister for the purposes of this section.

(4) Unless Victorian Rail Track otherwise agrees, the time period specified in a



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direction under subsection (1) must not be less than 45 days.


(a) must give the value of the property, rights and liabilities of Victorian Rail Track to be transferred; and

(b) must allocate the property, rights and liabilities of Victorian Rail Track shown in the statement in accordance with the directions of the Minister; and

(c) must be signed by the chief executive officer of Victorian Rail Track.




(7) The Minister may at any time direct Victorian Rail Track to amend a statement given to him or her under this section as specified in the direction.


(9) An amendment under subsection (8) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment



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does not adversely affect any property, rights or liabilities of a person other than Victorian Rail Track or the Public Transport Development Authority in relation to that statement.

245 Minister may direct transfer of V/Line Corporation property, rights and liabilities

(1) The Minister may give a direction in writing to V/Line Corporation directing V/Line Corporation to transfer, in accordance with the direction, any property, rights and liabilities of a kind specified in the direction to the Public Transport Development Authority.

(2) A direction under subsection (1) may include directions as to the method of valuation to be used by V/Line Corporation for the purposes of determining the value of property, rights and liabilities to be transferred.

(3) Within the time period specified in a direction under subsection (1), V/Line Corporation must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities of V/Line Corporation to which the direction relates, as at the date specified by the Minister for the purposes of this section.

(4) Unless V/Line Corporation otherwise agrees, the time period specified in a direction under subsection (1) must not be less than 45 days.


(a) must give the value of the property, rights and liabilities of V/Line Corporation to be transferred; and



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(b) must allocate the property, rights and liabilities of V/Line Corporation shown in the statement in accordance with the directions of the Minister; and

(c) must be signed by the chief executive officer of V/Line Corporation.




(7) The Minister may at any time direct V/Line Corporation to amend a statement given to him or her under this section as specified in the direction.


(9) An amendment under subsection (8) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than V/Line Corporation or the Public Transport Development Authority in relation to that statement.

246 Transfer of Metlink property, rights and liabilities

(1) If Metlink and the Secretary enter into an agreement which includes a provision expressed to be a transfer provision for the purposes of this section, the Secretary may in



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accordance with the agreement give the Minister a statement approved by the Minister relating to the transfer of property, rights and liabilities specified in the agreement to—


(b) the Secretary on behalf of the Crown.


(a) must allocate the property, rights and liabilities of Metlink shown in the statement in accordance with the agreement; and

(b) must be signed by the Secretary.





(5) An amendment under subsection (4) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment is in accordance with the agreement between Metlink and the Secretary and does not adversely affect any property, rights or liabilities of a person other than Metlink, or as the case may be, the Public Transport Development Authority or the Secretary on



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behalf of the Crown in relation to that statement.

247 Minister may direct transfer of Secretary property, rights and liabilities held on behalf of the Crown

(1) The Minister may give a direction in writing to the Secretary directing the Secretary to transfer, in accordance with the direction, any property, rights and liabilities held by the Secretary on behalf of the Crown of a kind specified in the direction to the Public Transport Development Authority.

(2) A direction under subsection (1) may include directions as to the method of valuation to be used by the Secretary for the purposes of determining the value of property, rights and liabilities to be transferred.

(3) Within the time period specified in a direction under subsection (1), the Secretary must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities held by the Secretary on behalf of the Crown to which the direction relates, as at the date specified by the Minister for the purposes of this section.

(4) Unless the Secretary otherwise agrees, the time period specified in a direction under subsection (1) must not be less than 45 days.


(a) must give the value of the property, rights and liabilities held by the



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Secretary on behalf of the Crown to be transferred; and

(b) must allocate the property, rights and liabilities held by the Secretary on behalf of the Crown shown in the statement in accordance with the directions of the Minister; and

(c) must be signed by the Secretary.




(7) The Minister may at any time direct the Secretary to amend a statement given to him or her under this section as specified in the direction.


(9) An amendment under subsection (8) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the Secretary on behalf of the Crown or the Public Transport Development Authority in relation to that statement.



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248 Property, rights and liabilities allocated in accordance with direction

On the relevant date—

(a) all property and rights of the relevant transferor, wherever located, that are allocated under an allocation statement, vest in the relevant transferee in accordance with the statement;

(b) all liabilities of the relevant transferor, wherever located, that are allocated under an allocation statement, become liabilities of the relevant transferee in accordance with the statement.

249 Allocation of property and rights subject to encumbrances

Unless an allocation statement otherwise provides, where, under this Part,

property and rights vest in, or liabilities become liabilities of, the relevant transferee in accordance with an allocation statement—

(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(b) the rights to which the relevant transferor was entitled in respect of those liabilities immediately before they ceased to be liabilities of the relevant transferor vest in the relevant transferee.



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250 Certificate of chief executive officer

(1) A certificate signed by the chief executive officer of the relevant transferor certifying that property, rights or liabilities of the relevant transferor specified in the certificate have been allocated is, unless revoked under subsection (2), admissible as evidence and, in the absence of evidence to the contrary is proof—

(a) that the property, rights or liabilities so specified are the property, rights and liabilities to which the allocation statement applies; and

(b) that the allocation statement is an allocation statement for the purposes of this Part.

(2) If the Minister so directs the chief executive officer of the relevant transferor in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate in place of the first certificate.

(3) The chief executive officer of the relevant transferor—

(a) must keep a register of certificates issued under this section; and

(b) must make the register reasonably available for inspection by the relevant transferee or other interested person.



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(4) If the relevant transferor is the Director of Public Transport on behalf of the Crown, a reference in this section to the chief executive officer of the relevant transferor is to be construed as a reference to the Director of Public Transport.

(5) This section does not apply if the relevant transferor is Metlink.

251 Certificate of Secretary—Metlink property, rights or liabilities

(1) A certificate signed by the Secretary certifying that property, rights or liabilities of Metlink specified in the certificate have been allocated is, unless revoked under subsection (2), admissible as evidence and, in the absence of evidence to the contrary is proof—

(a) that the property, rights or liabilities so specified are the property rights and liabilities to which the allocation statement applies; and

(b) that the allocation statement is an allocation statement for the purposes of this Part.

(2) If the Minister so directs the Secretary in writing, the Secretary must revoke a certificate given under subsection (1) by issuing another certificate in place of the first certificate.

(3) The Secretary—

(a) must keep a register of certificates issued under this section; and

(b) must make the register reasonably available for inspection by the relevant transferee or other interested person.



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252 Value of allocated property, rights or liabilities

If the relevant allocation statement gives the value of property, rights or liabilities of the relevant transferor that are allocated to the relevant transferee, the value to the relevant transferee of the property, rights or liabilities is the value so given.

253 Substitution of party to agreement

Where, under an allocation statement, the rights and liabilities of the relevant transferor under an agreement are allocated to the relevant transferee—

(a) the relevant transferee becomes, on the relevant date, a party to the agreement in place of the relevant transferor; and

(b) on and after the relevant date, the agreement has effect as if the relevant transferee had always been a party to the agreement.

254 Former relevant transferor instruments

Unless an allocation statement otherwise provides, each former relevant transferor instrument relating to former relevant transferor property continues to have effect according to its tenor on and after the relevant date in relation to that property as if a reference in the instrument to the relevant transferor were a reference to the relevant transferee.

255 Proceedings

Unless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former relevant transferor property (including arbitration



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proceedings) to which the relevant transferor was a party were pending or existing in any court or tribunal, then, on and after that date, the relevant transferee is substituted for the relevant transferor as a party to the proceedings and has the same rights in the proceedings as the relevant transferor had.

256 Interests in land

Without limiting this Part and despite anything to the contrary in any other Act or law if, immediately before the relevant date, the relevant transferor is, in relation to former relevant transferor property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(a) the relevant transferee is to be taken to be the registered proprietor of that interest in land; and

(b) the relevant transferee has the same rights and remedies in respect of that interest as the relevant transferor had.

257 Easements

If the relevant transferee acquires any right in the nature of an easement (whether as a result of an allocation under this Part or otherwise), that right must be taken to be an easement even though there is no land vested in the relevant transferee which is benefited or capable of being benefited by that right.

258 Amendment of Register

(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer of



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the relevant transferor of former relevant transferor property, must make any amendments in the Register that are necessary because of the operation of this Part.

(2) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment of the Register in relation to property that is an easement registered under the Transfer of Land Act 1958.

(3) If the relevant transferor is—

(a) the Director of Public Transport on behalf of the Crown, the reference in subsection (1) to the chief executive officer of the relevant transferor is to be construed as a reference to the Director of Public Transport;

(b) if the relevant transferor is Metlink, the reference in subsection (1) to the chief executive officer of the relevant transferor is to be construed as a reference to the Secretary.

259 Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the relevant transferor.



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260 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of the relevant transferor in relation to former relevant transferor property if this Division had not been enacted is admissible for or against the interests of the relevant transferee.

(2) The Evidence Act 2008 applies with respect to the books of account of the relevant transferor and to entries made in those books of account before the relevant date, whether or not they relate to former relevant transferor property, as if those books of account and entries were business records.

261 Transfer of employees of Public Transport Ticketing Body to the Public Transport Development Authority

(1) This section applies to an employee of the Public Transport Ticketing Body who is not employed under Part 3 of the Public Administration Act 2004.

(2) If as a result of an allocation statement it is necessary to transfer any employees from the Public Transport Ticketing Body to the Public Transport Development Authority, the chief executive officer of the Public Transport Ticketing Body must list in writing the persons who were employed by the Public Transport Ticketing Body before



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the relevant date and who the chief executive officer of the Public Transport Ticketing Body determines should be transferred to the Public Transport Development Authority.

(3) An employee who is listed under subsection (2) is transferred under this section and is to be regarded as—

(a) being employed by the Public Transport Development Authority with effect from the relevant date;

(b) having been so employed on the same terms and conditions as those that applied to the person immediately before the relevant date;

(c) having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued immediately before the relevant date.

(4) The service of an employee transferred under this section is to be regarded for all purposes as having been continuous with the service of the employee immediately before the relevant date.

(5) An employee transferred under this section is not entitled to receive any payment or other benefit by reason only of having ceased to be employed by the Public Transport Ticketing Body because of the operation of this Part.

(6) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the relevant date, employed by virtue of this section by the Public Transport Development Authority, is admissible in evidence in any



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proceedings as evidence of the matters stated in it.

(7) The superannuation entitlements of any person who is transferred under this section are to be taken not to be affected by that person being transferred.

(8) Nothing in this section prevents—

(a) any of the terms and conditions of employment of a person transferred under this section from being altered by or under any law, award or agreement with effect from any time after the relevant date; or

(b) a person transferred under this section from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment with the Public Transport Development Authority.

262 Transfer of employees of Metlink to the Public Transport Development Authority

(1) This section applies to an employee of Metlink who accepts an offer of employment made by the Public Transport Development Authority.

(2) If as a result of an allocation statement it is necessary to transfer any employees from Metlink to the Public Transport Development Authority, the chief executive officer of Metlink must list in writing the persons who were employed by Metlink before the relevant date and who the chief



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executive officer of Metlink determines have accepted an offer of employment made by the Public Transport Development Authority and should be transferred to the Public Transport Development Authority.

(3) An employee who is listed under subsection (2) is transferred under this section and is to be regarded as—

(a) being employed by the Public Transport Development Authority with effect from the relevant date;

(b) having been so employed on the same terms and conditions as those that applied to the person immediately before the relevant date;

(c) having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued immediately before the relevant date.

(4) The service of an employee transferred under this section is to be regarded for all purposes as having been continuous with the service of the employee immediately before the relevant date.

(5) An employee transferred under this section is not entitled to receive any payment or other benefit by reason only of having ceased to be employed by Metlink because of the operation of this Part.

(6) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the relevant date, employed by virtue of this section by the Public Transport Development Authority, is admissible in evidence in any



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proceedings as evidence of the matters stated in it.

(7) The superannuation entitlements of any person who is transferred under this section are to be taken not to be affected by that person being transferred.

(8) Nothing in this section prevents—

(a) any of the terms and conditions of employment of a person transferred under this section from being altered by or under any law, award or agreement with effect from any time after the relevant date; or

(b) a person transferred under this section from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment with the Public Transport Development Authority.

263 Validity of things done under this Part

(1) Nothing effected or to be effected by this Part or done or suffered under this Part—

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or

(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not



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limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or

(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or

(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

(f) is to be regarded as frustrating any contract; or

(g) releases any surety or other obligor wholly or in part from any obligation.

(2) In this section Act does not include the Charter of Human Rights and Responsibilities Act 2006.

__________________".

__________________



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PART 4—RELATED AND CONSEQUENTIAL AMENDMENTS

Division 1—Transport Integration Act 2010

5 Consequential amendments

(1) In section 3 of the Transport Integration Act 2010—

(a) in the definition of passenger services, paragraph (b) is repealed;

(b) insert the following definition—

"Public Transport Development Authority means the body corporate established under section 79A;";

(c) in the definition of rail safety recommendation, after "Director of Public Transport" (where twice occurring) insert "or the Public Transport Development Authority";

(d) in the definition of transport body, after paragraph (i) insert—

"(ia) the Public Transport Development Authority;";

(e) in the definition of transport-related land, infrastructure and assets after "Director of Public Transport" (where twice occurring) insert "or the Public Transport Development Authority";

(f) in the definition of transport services, after paragraph (c) insert—

"(ca) commercial passenger vehicle services;";

(g) in the definition of transport system agency, after paragraph (a) insert—

s. 5 Part 2—The Public Transport Development Authority


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"(ab) the Public Transport Development Authority; or".

(2) After section 27A(1) of the Transport Integration Act 2010 insert—

'(1A) This section applies to the Public Transport Development Authority as a transport system agency as if in subsection (4) for "1 July 2011" there were substituted "1 July 2012".'.

(3) After section 34(2) of the Transport Integration Act 2010 insert—

"(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.".

(4) In sections 86(2)(e), 94(1)(b), 120(1)(a), 125(1)(c), 125(1)(d) and 153(1) of the Transport Integration Act 2010 for "Director of Public Transport" substitute "Public Transport Development Authority".

(5) In section 132(1)(e) of the Transport Integration Act 2010 for "Director of Public Transport in accordance with sections 67 and 68" substitute "Public Transport Development Authority in accordance with sections 79AE and 79AF".

(6) In section 132(1)(g) of the Transport Integration Act 2010 for "Director of Public Transport" (where twice occurring) substitute "Public Transport Development Authority".



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6 Amendment of section 33—Functions of the Department

In section 33(2) of the Transport Integration Act 2010—

(a) for paragraph (c) substitute—

"(c) lead in the improvement of the transport system, including in the procurement, development, construction and commissioning of new transport infrastructure and services;

(ca) establish a medium and long term planning framework for all forms of transport for the delivery of an integrated transport system;

(cb) provide independent advice to the Minister in relation to proposals and initiatives of other transport bodies;";

(b) after paragraph (d) insert—

"(da) seek to ensure, in collaboration with the Public Transport Development Authority, the Roads Corporation and Municipal Councils, that access to road and rail is balanced in a manner which is consistent with Government policies and strategies for public transport and freight;";

(c) after paragraph (k) insert—

"(ka) seek to represent transport interests in liaising with other Victorian, Commonwealth and other jurisdiction's Departments and agencies, including in relation to regulatory reform and funding;



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(kb) support the Secretary in carrying out any enforcement functions conferred on the Secretary by any other Act or any regulations under any other Act;".

7 New section 37A inserted—Contingency planning for exercise of certain powers

After section 37 of the Transport Integration Act 2010 insert—

"37A Contingency planning for exercise of certain powers

The Secretary must develop and maintain a contingency plan for the possible performance by the Department of the functions under sections 33(2)(c) and 33(2)(g).".

8 Section 63 substituted

For section 63 of the Transport Integration Act 2010 substitute—

"63 Transport plan

(1) The Department must prepare and periodically revise a transport plan for the Minister.

(2) The transport plan must—

(a) set the planning framework within which transport bodies are to operate;

(b) set out the strategic policy context for transport;

(c) include medium to long term strategic directions, priorities and actions;

(d) be prepared having regard to the vision statement, transport system objectives and decision making principles;



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(e) be prepared having regard to national transport and infrastructure priorities;

(f) demonstrate an integrated approach to transport and land use planning;

(g) identify the challenges that the transport plan seeks to address;

(h) include a short term action plan that is regularly updated.

(3) The Minister may direct the Department to prepare a revision of the transport plan.

(4) The Minister may publish the transport plan.".

9 New section 69A inserted—Withdrawal of certain functions and powers from the Director of Public Transport


"69A Withdrawal of certain functions and powers from the Director of Public Transport

(1) If the Public Transport Development Authority or the Secretary is given a function or power and, but for this section, the Director of Public Transport would also have that function or power, the Director of Public Transport does not have that function or power and any power or duty that the Director of Public Transport has in connection with, or as incidental to, the performance of that function or power is withdrawn accordingly.



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(2) Subject to subsection (3), subsection (1) applies despite anything to the contrary in this or any other Act and where the Public Transport Development Authority or the Secretary or the Secretary on behalf of the Crown—

(a) is given the function or power under an amendment to an Act by a provision of the Transport Legislation Amendment (Public Transport Development Authority) Act 2011; or

(b) is given the function or power under a contract rights and liabilities under which have been assigned to the Public Transport Development Authority or the Secretary or the Secretary on behalf of the Crown; or

(c) is given the function or power by virtue of, or in connection with, a transfer of property, rights or liabilities to the Public Transport Development Authority or the Secretary or the Secretary on behalf of the Crown under Part 10.

(3) This section is to be construed subject to any specific provision made in respect of the application of this section in regulations made under section 203B.".

10 Amendment of section 87—Functions of the Roads Corporation

(1) In section 87(1) of the Transport Integration Act 2010—

(a) in paragraph (c) after "system" (where secondly occurrng) insert ", including by the development of feasibility studies under the Department's planning framework";



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(b) in paragraph (e) for "consistent with the strategic policies and plans of the Department" substitute "under the Department's planning framework";

(c) in paragraph (k) for "consistent with the strategic policy of the Department" substitute "under the Department's planning framework".


(a) in paragraph (a) before "engage" insert "where relevant,";

(b) in paragraph (b) for "the functions" substitute "those functions";

(c) in paragraph (b) after "of the Roads Corporation" insert "including information in relation to the performance and operation of the road systems in comparable jurisdictions for the purpose of benchmarking".

11 New section 109A inserted—Financial reports


"109A Financial reports


(2) The Roads Corporation must provide a monthly financial report to the Department to support the financial reporting obligations imposed on the Secretary.



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(3) A monthly financial report—

(a) must contain the matters required by the Secretary; and

(b) may contain any other information which the Roads Corporation considers appropriate.

(4) The Secretary may, if the Secretary considers it reasonable to do so, request the Roads Corporation to provide a financial report to the Department containing the matters required by the Secretary at any other time during the year.".

12 Amendment of section 110—Corporate Plan

In section 110(4) of the Transport Integration Act 2010 for "2 months" substitute "6 weeks".

13 Amendment of section 120—Functions of Victorian Rail Track



(b) in paragraph (b) for "the functions" substitute "those functions".

14 Repeal of section 127

Section 127 of the Transport Integration Act 2010 is repealed.

15 Amendment of section 132—Functions of V/Line Corporation

(1) In section 132(1)(h) of the Transport Integration Act 2010 for "consistent with the strategic policy of the Department" substitute "under the Department's planning framework".



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16 Amendment of section 138—Functions of the Linking Melbourne Authority




17 Amendment of section 141E—Functions of the Port of Melbourne Corporation

In section 141E(2)(b) of the Transport Integration Act 2010, in subparagraph (iii), for "the functions" substitute "those functions".

18 Amendment of section 141M—Functions of the Victorian Regional Channels Authority

In section 141M(2) of the Transport Integration Act 2010, in paragraph (b), for "the functions" substitute "those functions".

19 Amendment of section 165—Corporate Plan

In section 165(4) of the Transport Integration Act 2010 for "2 months" substitute "6 weeks".



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20 New section 203A and 203B inserted


"203A Saving and transitionals—Transport Legislation Amendment (Public Transport Development Authority) Act 2011

(1) Except as in this Act or in regulations made under section 203B expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under an Act amended by a provision of the Transport Legislation Amendment (Public Transport Development Authority) Act 2011 or existing or continuing under that Act immediately before the commencement of that provision continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if that Act had not been amended by that provision.

(2) If as a result of an amendment of an Act made by a provision of the Transport Legislation Amendment (Public Transport Development Authority) Act 2011—

(a) a duty, function or power of a person or a person on behalf of the Crown is transferred to another person or another person on behalf of the Crown; and



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(b) that duty, function or power relates to an act, matter or thing of a continuing nature—

that act, matter or thing continues to have effect as if that duty, function or power had always been performed or exercised by the person or person on behalf of the Crown to whom the duty, function or power is transferred.

(3) Nothing in this section limits or otherwise affects the operation of the Interpretation of Legislation Act 1984.

203B Transitional regulations—Transport Legislation Amendment (Public Transport Development Authority) Act 2011

(1) The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of the Transport Legislation Amendment (Public Transport Development Authority) Act 2011.

(2) A provision mentioned in subsection (1) may be retrospective in operation to the commencement of section 5 of the Transport Legislation Amendment (Public Transport Development Authority) Act 2011.

(3) Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4) This section expires on 30 June 2014.".



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Division 2—Specified Acts

21 Amendment of Rail Management Act 1996

After Division 1 of Part 4 of the Rail Management Act 1996 insert—

"Division 1A—Powers of the Secretary and the Public Transport Development Authority

67A Clearance of trees or wood

(1) This section applies if any tree or wood in the vicinity of a railway track operated or maintained by the Secretary on behalf of the Crown or the Public Transport Development Authority poses a risk to the safety of anyone on, or using, the railway track.Examples

The following trees pose a risk to the safety of a person using a railway track—

(a) a tree that obstructs a view of a signal box from a portion of the track;

(b) a tree near the middle of a curve of the track that restricts the view of the track of anyone entering the curve;

(c) a tree whose roots are underneath the track.

(2) The Secretary or the Public Transport Development Authority may by written notice require the owner or occupier of any land on which the tree or wood is situated to fell and remove the tree or wood.

(3) Notice under subsection (2) may be served on an owner or occupier—

(a) personally; or

(b) by sending it by post to the owner or occupier at that person's usual or last known residential or business address; or

See:Act No.79/1996.Reprint No. 5as at1 July 2010and amendingAct No.29/2011.LawToday:www.legislation.vic.gov.au



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(c) by leaving it at the usual or last known residential or business address of the owner or occupier with a person on the premises who is apparently at least 16 years old and apparently residing or employed there; or

(d) in a manner prescribed by any other Act or law for service on a person or class of person of the same type as the owner or occupier; or

(e) if the identity or address of the owner or occupier is not known—

(i) by displaying it on the land; and

(ii) by publishing a copy of it and a description of the land in a newspaper circulating generally in Victoria.

(4) If the owner or occupier of the land does not comply with the notice within the time specified in the notice, the Secretary or the Public Transport Development Authority may—

(a) enter the land at any reasonable time and carry out the work specified in the notice; and

(b) recover on behalf of the Crown the cost of carrying out the work from the owner or occupier as a debt.

(5) Any person acting under subsection (2) or (4) may fell or remove any tree or wood that is the subject of a notice under subsection (2) without the need to obtain a permit under any relevant planning scheme under the Planning and Environment Act 1987,



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despite anything to the contrary in or under that Act.

67B No obligation to fence

(1) Despite any Act or rule of law to the contrary, the Secretary, the Public Transport Development Authority and the Crown are not—

(a) required to fence or contribute to the fencing of any portion of a railway or tramway;

(b) liable for any damage that may be caused by reason of any railway or tramway not being fenced in or fenced off.

(2) The Secretary on behalf of the Crown or the Public Transport Development Authority may, but are not obliged to, erect and maintain such fences in connection with a railway or tramway as the Secretary on behalf of the Crown or the Public Transport Development Authority thinks proper.

67C Power to open and break up roads and divert traffic

Subject to the Road Management Act 2004, the Secretary on behalf of the Crown or the Public Transport Development Authority may—

(a) open and break up, and divert traffic from, any public road within the meaning of the Road Management Act 2004 on or adjacent to which there is rail infrastructure or tram infrastructure that is operated or maintained by the Secretary on behalf



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of the Crown or the Public Transport Development Authority; and

(b) take possession of, and use, the whole or any portion of that public road.

67D Power to install stopping places and associated facilities

Subject to the Road Management Act 2004, the Secretary on behalf of the Crown or the Public Transport Development Authority may install, remove or re-locate stopping places and associated facilities for passenger services on any public road within the meaning of the Road Management Act 2004 on or adjacent to which there is tram infrastructure that is operated or maintained by the Secretary on behalf of the Crown or the Public Transport Development Authority.

67E Level crossings

Despite anything to the contrary in any other Act or law—

(a) the Secretary on behalf of the Crown or the Public Transport Development Authority may use level crossings connecting parts of the rail infrastructure or tram infrastructure that is operated or maintained by the Secretary on behalf of the Crown or the Public Transport Development Authority;

(b) the Secretary on behalf of the Crown or the Public Transport Development Authority may close the level crossing to road traffic while the railway track or tramway track is in use.



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67F Tram infrastructure

(1) Despite anything to the contrary in any other Act or law, the Secretary on behalf of the Crown or the Public Transport Development Authority may use tram infrastructure that is operated or maintained by the Secretary on behalf of the Crown or the Public Transport Development Authority.

(2) Nothing in this section is to be taken as limiting any other power of—

(a) the Secretary, including the Secretary's powers under section 34(2A) of the Transport Integration Act 2010; or

(b) the Public Transport Development Authority, including the Public Transport Development Authority's powers under section 79AE(1)(i) of the Transport Integration Act 2010.

67G Overhead power supply

Subject to the Road Management Act 2004, the Secretary on behalf of the Crown or the Public Transport Development Authority may install, remove or relocate rail infrastructure or tram infrastructure consisting of structures comprising or supporting overhead electrical power supply systems situated on or over, or partly on or over, property of the Roads Corporation or the municipal council.

67H Power to stop traffic

Subject to the Road Management Act 2004, the Secretary or the Public Transport Development Authority, subject to the agreement, lease or licence relating to, or connected with, the provision of a service or



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to a lease of rail infrastructure or tram infrastructure (being an agreement, lease or licence between the Secretary on behalf of the Crown and Rail Track or the Public Transport Development Authority and Rail Track)—

(a) may stop traffic in circumstances where it is reasonably necessary to do so; or

(b) in an emergency, may stop traffic.

67I Exercise of powers

(1) In exercising a power under section 67A, 67C, 67D, 67E, 67F(1), 67G or 67H, the Secretary must act reasonably under the direction of the Minister.

(2) A power of the Secretary under a section referred to in subsection (1) may be exercised by—

(a) the Secretary personally; or

(b) any other person who is authorised in writing by the Secretary; or

(c) any officer or employee of a person referred to in paragraph (b).

(3) In exercising a power under section 67A, 67C, 67D, 67E, 67F(1), 67G or 67H, the Public Transport Development Authority must act reasonably under the direction of the Minister.

(4) A power of the Public Transport Development Authority under a section referred to in subsection (3) may be exercised by—

(a) any person who is authorised in writing by the Public Transport Development Authority; or



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(b) any officer or employee of a person referred to in paragraph (a).

(5) Despite anything to the contrary in this Division, where a power is conferred on both the Secretary and the Public Transport Development Authority, the Minister may direct that in a particular case the power is to be exercised only by the Secretary or the Public Transport Development Authority as specified in the direction.".

22 Amendment of Rail Safety Act 2006

After section 35 of the Rail Safety Act 2006 insert—

"35A Public Transport Development Authority is exempt

The Public Transport Development Authority is exempt from the requirement to be accredited under this Part.

35B Secretary to the Department of Transport is exempt

The Secretary to the Department of Transport is exempt from the requirement to be accredited under this Part.".

23 Amendment of Transport (Compliance and Miscellaneous) Act 1983

(1) Sections 4A and 5 of the Transport (Compliance and Miscellaneous) Act 1983 are repealed.

(2) Subdivision 2 of Division 1 of Part II of the Transport (Compliance and Miscellaneous) Act 1983 is repealed.

See:Act No.9/2006.Reprint No. 1as at21 August 2008and amendingAct Nos69/2007, 77/2008, 13/2009, 26/2009, 68/2009, 69/2009, 74/2009, 6/2010, 13/2010 and 19/2010.LawToday:www.legislation.vic.gov.au

s. 22

See:Act No.9921.Reprint No. 16as at7 September 2011and amendingAct Nos79/2010, 34/2011 and 43/2011.LawToday:www.legislation.vic.gov.au



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(3) In section 11(2)(a), (2)(b) and (3)(a) of the Transport (Compliance and Miscellaneous) Act 1983 after "Crown" insert "or the Public Transport Development Authority".

(4) In section 11(2)(b) of the Transport (Compliance and Miscellaneous) Act 1983 for "section 4A(1)" substitute "sections 34(2A)(a) and 79AF(2)(e) of the Transport Integration Act 2010".

(5) In the headings to sections 169 and 169Y of the Transport (Compliance and Miscellaneous) Act 1983 for "Director" substitute "licensing authority".

24 Amendment of section 220D of the Transport (Compliance and Miscellaneous) Act 1983

(1) After section 220D(1A) of the Transport (Compliance and Miscellaneous) Act 1983 insert—

"(1B) Before the Secretary determines any conditions under subsection (1), the Secretary must consult with the Public Transport Development Authority in respect of the proposed conditions, including on the structure and level of fares.".

(2) In section 220D(4) of the Transport (Compliance and Miscellaneous) Act 1983 for "If" substitute "Subject to subsection (4A), if".

(3) After section 220D(4) of the Transport (Compliance and Miscellaneous) Act 1983 insert—

"(4A) If there is an inconsistency between a condition that has been determined under subsection (1) and any regulations made under section 221AA, the regulations prevail to the extent of the inconsistency.".



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25 Consequential amendments to specified Acts

An Act specified in the heading to an item in Schedule 1 or 2 is amended, on the commencement of that item or a provision of that item, as set out in that item or provision.

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PART 5—ABOLITION OR DISSOLUTION OF TRANSPORT BODIES

26 Abolition of Director of Public Transport

(1) In section 3 of the Transport Integration Act 2010—

(a) the definition of Director of Public Transport is repealed;

(b) in the definition of rail safety recommendation omit "the Director of Public Transport or" (where twice occurring);

(c) paragraph (g) of the definition of transport body is repealed;

(d) in the definition of transport-related land, infrastructure and assets omit "Director of Public Transport or" (where twice occurring);

(e) paragraph (a) of the definition of transport system agency is repealed.

(2) Division 1 of Part 5 of the Transport Integration Act 2010 is repealed.

(3) After section 203A(1) of the Transport Integration Act 2010 insert—

"(1A) Subject to subsection (1B), on and after the commencement of section 26 of the Transport Legislation Amendment (Public Transport Development Authority) Act 2011 any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Director of Public Transport or to the Director of Public Transport on behalf of the Crown is to be construed as a reference to the Public



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Transport Development Authority unless the contrary intention appears.

(1B) Subsection (1A) is to be construed subject to any specific provision made in respect of the application of subsection (1A) in an allocation statement under Part 10 or regulations made under section 203B.".

27 New Division 3 inserted in Part 10 of the Transport Integration Act 2010


"Division 3—Administrator of the Public Transport Ticketing Body

264 Provisions to prevail

This Division applies despite anything to the contrary in the State Owned Enterprises Act 1992 or any other Act making any provision in respect of the Public Transport Ticketing Body.

265 The Administrator

(1) There shall be an Administrator of the Public Transport Ticketing Body.

(2) The Administrator is to be appointed by the Minister.

(3) The term of the office of the Administrator is the term (not exceeding 2 years) specified in the instrument of appointment.

(4) The Administrator is appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.

(5) Subject to this Division, the Administrator is eligible for re-appointment.



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(6) The Public Administration Act 2004 does not apply to the Administrator.

266 Vacancy, resignation or removal from office

(1) The office of the Administrator becomes vacant if the Administrator—

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

(b) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence.

(2) The Administrator may resign by notice in writing delivered to the Minister.

(3) The Minister may remove the Administrator from office.

267 Functions and powers

(1) The Administrator has the functions and powers conferred on the Administrator under this or any other Act.

(2) Without limiting the generality of subsection (1), the Administrator has the function of procuring the orderly winding up of the affairs of the Public Transport Ticketing Body.

(3) The Administrator has the power to do all things necessary or convenient to be done for or in connection with or incidental to the performance of the Administrator's functions.



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268 Staff

(1) The Administrator may engage any officers and employees that are necessary for the performance of the Administrator's functions.

(2) The Administrator may determine the terms and conditions of appointment of officers and employees under this section.

269 Delegation

The Administrator by instrument may delegate to any person approved by the Minister any function or power of the Administrator, other than this power of delegation.

270 Directions

(1) The Minister may by notice in writing give directions to the Administrator.

(2) The Administrator must comply with a direction given under this section.

(3) An act or decision of the Administrator is not invalid merely because of a failure to comply with a direction given under this section.

(4) The Administrator must keep a copy of each direction given under this section available for inspection at the office of the Administrator during business hours, other than any direction, or part of a direction, that the Minister has declared to be confidential.

(5) The Administrator must include in the annual report of the Public Transport Ticketing Body under Part 7 of the Financial Management Act 1994 a brief summary, in a form approved by the Minister, of each direction given under this



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section together with a statement of the Administrator's response to the direction.

271 Effect of appointment of Administrator

(1) On and from the appointment of the Administrator under section 265—

(a) the Board of Directors of the Public Transport Ticketing Body go out of office;

(b) the Chief Executive Officer of the Public Transport Ticketing Body goes out of office;

(c) any reference to the Board of Directors or the Chief Executive Officer of the Public Transport Ticketing Body in any Act (other than in this section), regulation, subordinate instrument or other document whatsoever so far as it relates to any period after that appointment is to be construed as a reference to the Administrator unless the contrary intention appears.

(2) On and from the appointment of the Administrator under section 265, the State Owned Enterprises (State Body—Public Transport Ticketing Body) Order 2003 is to be construed subject to this Division.

(3) This section is to be construed subject to any specific provision made in respect of the application of this section in regulations made under section 203B.".



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28 New Division 4 inserted in Part 10 of the Transport Integration Act 2010


"Division 4—Dissolution of the Public Transport Ticketing Body

272 Dissolution of the Public Transport Ticketing Body

(1) The Public Transport Ticketing Body is wound up and dissolved.

(2) The State Owned Enterprises (State Body—Public Transport Ticketing Body) Order 2003 is revoked by virtue of this section.

(3) Subject to subsection (4), on and after the commencement of section 28 of the Transport Legislation Amendment (Public Transport Development Authority) Act 2011 any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Public Transport Ticketing Body is to be construed as a reference to the Public Transport Development Authority unless the contrary intention appears.

(4) Subsection (3) is to be construed subject to any specific provision made in respect of the application of subsection (3) in an allocation statement under Part 10 or regulations made under section 203B.".



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29 Consequential amendments—Transport (Compliance and Miscellaneous) Act 1983

(1) In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983—

(a) in the definition of entitlement to use a public transport service for "Public Transport Ticketing Body" substitute "Public Transport Development Authority";

(b) the definition of Public Transport Ticketing Body is repealed.

(2) In sections 222B, 230(7), 230AD and 230AF(7) of the Transport (Compliance and Miscellaneous) Act 1983 for "Public Transport Ticketing Body" (wherever occurring) substitute "Public Transport Development Authority".

(3) In sections 230(7), 230AD and 230AF(7) of the Transport (Compliance and Miscellaneous) Act 1983 for "that Body" substitute "the Public Transport Development Authority".

30 Consequential amendment—Transport Integration Act 2010

In section 3 of the Transport Integration Act 2010, paragraph (m) of the definition of transport body is repealed.

31 Repeal of amending Act

This Act is repealed on 30 June 2014.Note

The repeal of this Act does not affect the continuing operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984).

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SCHEDULES

SCHEDULE 1

REFERENCES TO THE DIRECTOR OF PUBLIC TRANSPORT CHANGED TO PUBLIC TRANSPORT

DEVELOPMENT AUTHORITY

1 Bus Services Act 1995

1.1 In section 3(1)—

(a) insert the following definition—

"Public Transport Development Authority means the Public Transport Development Authority established under section 79A of the Transport Integration Act 2010;";

(b) in the definition of working day for "Director" (where twice occurring) substitute "Public Transport Development Authority".

1.2 In the heading to section 4A for "Director" substitute "Public Transport Development Authority".

1.3 In sections 4A, 26(3), 26(4), 26(4A), 26(5), 27(3)(f), 27(5), 30, 30C, 30D, 30E, 30F(1), 30G(1), 30H, 30I, 30J, 30K, 30M(2), 30N(1)(a), 30N(3) and 30U, for "Director" (wherever occurring) substitute "Public Transport Development Authority".

1.4 For section 26(2) substitute—

"(2) The Public Transport Development Authority may enter into a service contract with an accredited person.".

1.5 In section 26(4) for "him or her" substitute "the Public Transport Development Authority".

Sch. 1Part 2—The Public Transport Development Authority


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1.6 In section 26(5) for "section 68(2)" substitute "section 79AG(2)".

1.7 In section 30C(b) for "Director's" substitute "Public Transport Development Authority's".

1.8 In section 30L—

(a) in the definition of former property for "State" substitute "Public Transport Development Authority";

(b) for the definition of related contract substitute—

"related contract means a contract between the holder of the primary contract, or an associated operator, and the Public Transport Development Authority in accordance with the primary contract, and if such contract is amended, that contract as amended;";

(c) in the definition of related deed for paragraph (b) substitute—

"(b) between the holder of the primary contract, or an associated operator, and the Public Transport Development Authority in accordance with the primary contract—".

1.9 In sections 30M(1)(a) and 30O(1)(a) for "State" substitute "Public Transport Development Authority".

1.10 In section 30N(1)(b) for "Director" substitute "chief executive officer of the Public Transport Development Authority".



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1.11 In section 30Q—

(a) in the heading for "of Director" substitute "signed by the Chief Executive Officer of the Public Transport Development Authority";

(b) in subsection (1) for "Director" substitute "Chief Executive Officer of the Public Transport Development Authority";

(c) in subsection (2) for "Director" (where first occurring) substitute "Public Transport Development Authority";

(d) in subsection (2) for "Director" (where secondly occurring) substitute "Chief Executive Officer of the Public Transport Development Authority";

(e) in subsection (3) for "Director" substitute "Public Transport Development Authority".

1.12 In section 30R for "State" (where twice occurring) substitute "Public Transport Development Authority".

1.13 In section 34 for "Director or" (wherever occurring) substitute "Public Transport Development Authority or".

1.14 Section 35 is repealed.

1.15 In section 36(1A) for "Director" substitute "Public Transport Development Authority".

2 Docklands Act 1991

In section 28(2A) for "Director of Public Transport appointed under section 65" substitute "Public Transport Development Authority established under section 79A".



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3 Duties Act 2000

3.1 In section 47A(1)(a) for "Director of Public Transport" substitute "Public Transport Development Authority".

3.2 In section 47A(2)—



"Public Transport Development Authority has the same meaning as it has in section 3 of the Transport Integration Act 2010;".

4 EastLink Project Act 2004

In section 3(1), in paragraph (c) of the definition of Utility, for "Director of Public Transport" substitute "Public Transport Development Authority".

5 Major Transport Projects Facilitation Act 2009

5.1 In section 3—




5.2 After section 104(2)(a) insert—

"(ab) a person employed by the Public Transport Development Authority; or".



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6 Melbourne City Link Act 1995

In section 21(1), in paragraph (c) of the definition of Utility, for "Director of Public Transport" substitute "Public Transport Development Authority".

7 Planning and Environment Act 1987

7.1 In section 201R the definition of Director of Public Transport is repealed.

7.2 In section 201TC(1)(b)—

(a) omit "or the Director of Public Transport";

(b) in subparagraphs (i) and (ii) omit "or the Director".

7.3 For section 201TF(6) substitute—

"(6) In this section agency means a public authority or the Secretary to the Department of Transport.".

8 Rail Management Act 1996


(a) the definition of Director is repealed;



8.2 In sections 3(2)(a), 3(2)(b), 3(3)(a) and 3(3)(b) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".

8.3 In section 38J, in the definition of Regional Infrastructure Lease, after "Director" insert "of Public Transport".



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8.4 In section 38ZZF for "Director" (wherever occurring) substitute "Public Transport Development Authority".

8.5 In section 60(7) for "Director acting on behalf of the Crown in relation to any rail infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any rail infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".

8.6 In section 61(4)(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".

8.7 In section 61(4)(b) for "Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track, or the Crown" substitute "Public Transport Development Authority in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".


8.9 In section 62(5)(b) for "Director acting on behalf of the Crown in relation to any rail infrastructure or tram infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any rail infrastructure or tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".




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8.11 In section 63(5)(b) for "Director acting on behalf of the Crown in relation to any tram infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".

8.12 In section 64(1)(a) after "Rail Track" insert "or that person and the Public Transport Development Authority".



8.15 In section 65(1) after "Rail Track" insert "or that person and the Public Transport Development Authority".


8.17 In section 65(3)(b) for "Director acting on behalf of the Crown in relation to any tram infrastructure owned by Rail Track or the Crown" substitute "Public Transport Development Authority in relation to any tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown".

8.18 In section 66(5)(a) for "Director acting on behalf of the Crown" substitute "Public Transport



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Development Authority".


8.20 In section 67(1) after "Rail Track" insert "or that person and the Public Transport Development Authority".



8.23 In section 68(1), in the definition of agreement, lease or licence—

(a) in paragraph (a) for "by the Secretary or the Director acting on behalf of the Crown" substitute "between the Secretary or the Public Transport Development Authority";

(b) in paragraph (b) for "by the Secretary, a statutory body, the Director" substitute "between the Secretary, a statutory body, the Public Transport Development Authority";

(c) in paragraph (b)(i) for "Director" substitute "Public Transport Development Authority".



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8.24 In section 68(2) after "State" insert "or other relevant party to the agreement, lease or licence".

8.25 In section 68(3)(ba) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".




(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority";

(b) for "Director may" substitute "Public Transport Development Authority may";

(c) after "State or" insert "the Public Transport Development Authority or";

(d) for "Director's" substitute "Public Transport Development Authority's";

(e) after "by the State" insert "or the Public Transport Development Authority".

8.29 In section 69(2) after "State" (wherever occurring) insert "or the Public Transport Development Authority".




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(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority";

(b) for "State" substitute "Public Transport Development Authority";

(c) for "Director may" substitute "Public Transport Development Authority may".




(a) for "State" substitute "Public Transport Development Authority";

(b) for "Director" substitute "Chief Executive Officer of the Public Transport Development Authority".

8.36 In section 71(3) for "Director" substitute "Public Transport Development Authority".



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8.37 In section 72 for "State" substitute "Public Transport Development Authority".

8.38 In section 74—

(a) insert the following heading to section 74—

"Certificate signed by the Chief Executive Officer of the Public Transport Development Authority";

(b) in subsection (1) for "Director" substitute "Chief Executive Officer of the Public Transport Development Authority";

(c) in subsection (2) for "Director" (where first occurring) substitute "Public Transport Development Authority";

(d) in subsection (2) for "Director" (where secondly occurring) substitute "Chief Executive Officer of the Public Transport Development Authority";

(e) in subsection (3) for "Director" substitute "Public Transport Development Authority".

8.39 In section 75 for "State" (where twice occurring) substitute "Public Transport Development Authority".

8.40 In section 103(c) for "Director" substitute "Public Transport Development Authority".

9 Rail Safety Act 2006

Section 100(5) is repealed.

10 Road Management Act 2004

10.1 In section 3(1), insert the following definition—


Sch. 1Sch. 1Part 2—The Public Transport Development Authority


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(a) for "Director of Public Transport" (where twice occurring) substitute "Public Transport Development Authority";

(b) for "has not entered into" substitute "is not a party to".

10.3 In sections 42A(2), 48O and 48P for "Director of Public Transport" (wherever occurring) substitute "Public Transport Development Authority".

11 Road Safety Act 1986

In section 92(1), in paragraph (a) of the definition of public transport regulator for "Director of Public Transport" substitute "Public Transport Development Authority".

12 Tourist and Heritage Railways Act 2010


(a) the definition of Director is repealed;



12.2 In sections 6, 8(1), 9(1), 22(1), 24(2) and 24(3) for "Director" (wherever occurring) substitute "Public Transport Development Authority".

13 Transport (Compliance and Miscellaneous) Act 1983


(a) in the definition of bus company for "has entered into a contract with the Crown, or the Secretary or the Director on behalf of the



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Crown" substitute "is a party to a contract with the Crown or the Secretary on behalf of the Crown or the Public Transport Development Authority";

(b) the definition of Director is repealed;

(c) insert the following definition—


13.2 In section 2(2A) for "or the Director on behalf of the Crown" substitute "on behalf of the Crown or the Public Transport Development Authority".

13.3 In sections 2(2C)(a) and 2(2D)(a) for "Director acting on behalf of the Crown" substitute "Public Transport Development Authority".

13.4 In sections 2(2C)(b) and 2(2D)(b) for "or the Director acting on behalf of the Crown" substitute "on behalf of the Crown or the Public Transport Development Authority".


(a) in subsection (1)(a) for "entered into between the Director on behalf of the Crown and a train operator provides for the Director" substitute "between the Public Transport Development Authority and a train operator provides for the Public Transport Development Authority";

(b) in subsections (1)(b), (4)(d) and (6) for "Director" (wherever occurring) substitute "Public Transport Development Authority".

13.6 In sections 85A(a), 86(1) (in the definition of public commercial passenger vehicle), 89(2)(c), 141(5), 195, 196, 198(1), 199, 200, 201, 202, 203, 204, 213A(5), 213A(6), 221X, 221Y(1)(c),



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221ZA(1) and 221ZH(1) for "Director" (wherever occurring) substitute "Public Transport Development Authority".

13.7 Section 191D(1)(c) is repealed.

13.8 In section 200(3) for "he or she" substitute "the Public Transport Development Authority".

13.9 In sections 213A(3) and 215(1)(ga) for "Director, on behalf of the Crown," substitute "Public Transport Development Authority".

13.10 In sections 220DA(4)(a) and 220DA(4)(b) after "Director" insert "of Public Transport".

13.11 In section 221(7)—

(a) for "the Director" substitute "a director, member of staff or the Chief Executive Officer of the Public Transport Development Authority";

(b) in paragraph (b) for "his or her" substitute "their";

(c) in paragraph (c) for "Director" substitute "Director of Public Transport or a director, member of staff or the Chief Executive Officer of the Public Transport Development Authority".

13.12 In section 221X(8) for "Director's" substitute "Public Transport Development Authority's".

13.13 In sections 229(1) and 229(1B)(a) omit ", the Director".

13.14 In section 230(4)—

(a) for "Director" (where twice occurring) substitute "Chief Executive Officer of the Public Transport Development Authority";

(b) after "Department" insert "or a director or member of staff of that Authority".



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14 Victorian Urban Development Authority Act 2003

In section 53(3) for "Director of Public Transport appointed" substitute "Public Transport Development Authority established".

__________________

SCHEDULE 2



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OTHER CHANGES TO REFERENCES TO DIRECTOR OF PUBLIC TRANSPORT

1 Education and Training Reform Act 2006

For section 2.6.51(1)(ga) substitute—

"(ga) to the licensing authority within the meaning of the Transport (Compliance and Miscellaneous) Act 1983; and".

2 Graffiti Prevention Act 2007

In section 17A(5) for "Director of Public Transport" substitute "Secretary".

3 Major Transport Projects Facilitation Act 2009

In section 104—

(a) for "Director of Public Transport" (wherever occurring) substitute "Secretary";

(b) for "Director" substitute "Secretary".

4 Rail Management Act 1996

In sections 60(3)(b), 62(2)(b), 62(2A), 63(2)(b), 63(2A), 66(2)(b), 66(2A), 67(2)(b) and 67(2A) for "Director" substitute "Secretary or the Public Transport Development Authority".

5 Transport (Compliance and Miscellaneous) Act 1983

5.1 In sections 12(1), 220AA(d), 220D, 220DA(3), 221(9) and 229(1A)(b) for "Director" (wherever occurring) substitute "Secretary".

5.2 In section 56(1) for "Director" (wherever occurring) substitute "Secretary or the Public Transport Development Authority".



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5.2 In section 221U—

(a) in paragraph (e) of the definition of authorised person for "Director" substitute "Secretary";

(b) in the definitions of rail premises, railway track and tramway track, for "Director" substitute "Secretary on behalf of the Crown or the Public Transport Development Authority".═══════════════



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ENDNOTES

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 14 September 2011

Legislative Council: 27 October 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Transport Integration Act 2010 to establish the Public Transport Development Authority, to make related and consequential amendments to that Act, the Transport (Compliance and Miscellaneous) Act 1983 and certain other Acts and for other purposes."

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