141F Dredging by Port of Melbourne Corporation 190 141G Acquisition or disposal of land by Port of Melbourne Corporation to be approved by Minister 191 141H Public interest functions 191 Division 3B—Victorian Regional Channels Authority 192 141I Definition 192 141J Victorian Regional Channels Authority 193 141K Victorian Regional Channels Authority not to represent the Crown 193 141L Object of Victorian Regional Channels Authority 193 141M Functions of Victorian Regional Channels Authority 194 141N Power to contract for the provision of services and facilities 196 141O Dredging 196 141P Public interest functions 197 Division 3C—Port of Hastings Development Authority 198 141Q Establishment of Port of Hastings Development Authority 198 141R Port of Hastings Development Authority not to represent the 198 141S Object of Port of Hastings Development Authority 198 141T Functions of Port of Hastings Development Authority 199 141U Acquisition or disposal of land by Port of Hastings Development Authority to be approved by Minister 201 141V Public interest functions 201 Division 4—Provisions applying to Transport Corporations 202 142 Transport Corporation is a body corporate 202 143 Board of directors 202 144 Constitution of board of directors 203 145 Appointment of directors 203 146 Acting appointments 204 147 executive officer and other employees 206 148 Vacancies, resignations, removal from office 207 149 Validity of acts or decisions 208 150 Proceedings of board of directors 208 151 Resolutions without meetings 209 152 Powers of a Transport Corporation 210 153 Certain powers not affected 212 154 Borrowing and investment by a Transport Corporation 212 155 Transport Corporation not to make loans to directors 212 156 Extra-territoriality 213 157 Indemnity 213 158 Determination of initial capital 213
(iv) any failure of any part of rail infrastructure or any rolling stock or any part of any rolling stock; (v) any failure of any bus or part of a bus or of any equipment on a bus or of anything used in bus operations; (vi) any failure or breach of any practice or procedure involving rolling stock or a bus; (vii) any fire, explosion or similar occurrence involving rolling stock or a bus; s. 3 (viii) any incident in which there is evidence of systematic safety deficiencies; incident or any state of affairs involving, or in relation to, rolling stock, rail infrastructure, buses or any infrastructure used in bus operations that is specified by the regulations for the purposes of this definition; public transport system means public transport and the public transport related components of the transport system including any passenger services; rail infrastructure has the same meaning as it has in section 3(1) of the Rail Safety Act 2006;
policies and strategies for public transport and freight; and issue guidelines with respect to the implementation and operation of this Act; (f) coordinate corporate planning and budgets so as to assist transport bodies with the development, alignment, implementation and monitoring of their corporate plans and budgets; operational activities including transport system operations, management and project management; s. 33 transport data and undertake research into the transport system to support the functions specified in paragraphs (a), (b), (c), (d), (f) and (g); corporate, financial management, property and other specialist services to transport bodies; assistance to public entities and private bodies to construct or improve transport facilities and to provide services ancillary to those facilities; out efficiently and effectively any contract entered into by the Minister on behalf of the Crown; S. 33(2)(ka) inserted by No. 61/2011 s. 6(c).
67 Functions of the Director of Public Transport s. 67 (1) The functions of the Director of Public Transport are to— maintain or vary, or assist other transport bodies to construct, maintain or vary, public transport infrastructure, including rail infrastructure, roads, infrastructure, roadsides and other transport assets; for the public transport system as part of an integrated transport system; and implement policies and strategies to improve the safety and security of the public transport system; and implement operational policies, plans, guidelines, standards, limits and practices for the public transport system and related matters consistent with strategic policies and plans of the Department; and operate, or facilitate the provision and operation of, public transport including by— and managing contracts for passenger services and other ancillary or incidental transport services; (ii) operating passenger services and other ancillary or incidental transport services;
any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright; consultants, contractors or agents; 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 Director of Public Transport. 69 Powers in relation to land s. 69 (1) The Director of Public Transport may, on behalf of the Crown— hold or dispose of land; and deal with any land held by the Director of Public Transport. S. 69(2) amended by No. 45/2010 s. 23(2). (2) Any acquisition (including any compulsory acquisition under section 71) or disposition of or other dealing with land by the Director of Public Transport on behalf of the Crown must be made in the name of "Director of Public Transport". (3) Without limiting subsection (1), the Director of Public Transport may, on behalf of the Crown, dispose of or otherwise deal with land that is held by the Director of Public Transport and was acquired under this Act or the Transport Act
power of delegation provided by subsection (1); or preparation of a report in accordance with the Transport (Compliance and Miscellaneous) Act 1983. __________________ Division 1—Victorian Rail 116 Victorian Rail s. 116 Victorian Rail Track established under section 8 of the Rail Corporations Act 1996 (as in force immediately before the commencement of this section) is continued under this Act. S. 117 amended by No. 79/2011 s. 38(2). 117 Trading name Despite anything to the contrary in any Act or law, Victorian Rail Track may carry on business under the name "VicTrack". 118 Victorian Rail Track not to represent the Crown Victorian Rail Track is a public entity, but does not represent the Crown. 119 Object of Victorian Rail Track (1) The primary object of Victorian Rail Track is to act as the custodial owner of the State's land, infrastructure and assets consistent
S. 141K inserted by No. 45/2010 s. 8. 141K Victorian Regional Channels Authority not to represent the Crown The Victorian Regional Channels Authority is a public entity, but does not represent the Crown. s. 141J S. 141L inserted by No. 45/2010 s. 8. 141L Object of Victorian Regional Channels Authority (1) The primary object of the Victorian Regional Channels Authority is to ensure that regional port waters and channels in regional port waters are managed for use on a fair and reasonable basis consistent with the vision statement and the transport system objectives. (2) Without limiting the generality of subsection (1), the primary object includes ensuring, in collaboration with transport bodies and public entities, that regional port waters and channels in regional port waters are effectively integrated with the transport system and other systems of infrastructure in the State. S. 141M inserted by No. 45/2010 s. 8. 141M Functions of Victorian Regional Channels Authority (1) The functions of the Victorian Regional Channels Authority are—
s. 141P (1) The Minister, with the approval of the Treasurer, may direct the of the Victorian Regional Channels Authority— perform certain functions that the Minister considers to be in the public interest but that may the Victorian Regional Channels Authority to suffer financial detriment; or cease to perform functions of a kind referred to in paragraph (a); or cease to perform certain functions that the Minister considers not to be in the public interest. (2) The of the Victorian Regional Channels Authority must comply with a direction given under subsection (1). (3) If the Victorian Regional Channels Authority satisfies the Treasurer that it has suffered financial detriment as a result of complying with a direction given under subsection (1), the Victorian Regional Channels Authority may be reimbursed by the State an amount determined by the Treasurer and the Consolidated Fund is hereby appropriated to the necessary extent accordingly. (4) The reference in this section to suffering financial detriment includes a reference to incurring net costs that are greater than would have been incurred if the direction were not complied with. Pt 6 Div. 3C (Heading and ss 141Q–141V) inserted by No. 38/2011 s. 11.
150 Proceedings of of directors (1) Subject to subsection (2), meetings of the board of directors of a Transport Corporation must be held at the times and places determined by the board of directors. (2) The chairperson— at any time convene a meeting of the of directors; convene a meeting of the board of directors when requested by a director to do so. (3) A majority of the directors of the of directors for the time being constitutes a quorum of the board of directors. (4) A question arising at a meeting of the of directors is determined by a majority of votes. (5) The person presiding at a meeting of the board of directors has— deliberative vote; and the case of an equality of votes, a second or casting vote. (6) The of directors must ensure that accurate minutes are kept of its meetings. (7) The 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
become liabilities of— the Victorian Regional Channels Authority in accordance with an allocation statement— property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and rights to which the Port of Melbourne Corporation was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Port of Melbourne Corporation vest in the Victorian Regional Channels Authority. S. 228 inserted by No. 38/2011 s. 21. 228 Certificate of chief executive officer—Victorian Regional Channels Authority s. 228 (1) A certificate signed by the executive officer of the Port of Melbourne Corporation certifying that property, rights or liabilities of the Port of Melbourne specified in the certificate have been allocated is, unless revoked under subsection (2), admissible in evidence and, in the absence of evidence to the contrary is proof— the property, rights or liabilities so specified are the property rights and liabilities to which the allocation statement applies; and
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 any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; s. 241 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 Minister under subsection (2) for the purposes of that statement; relevant transferee means— 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; 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; respect of an allocation statement under section 244, the Public Transport Development Authority; respect of an allocation statement given under section 245, the Public Transport Development Authority; 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; s. 241 (f) in respect of an allocation statement given under section 247, the Public Transport Development Authority; relevant transferor means— respect of an allocation statement given under section 242, the Director of Public Transport on behalf of the Crown;
Commencement Date: Ss 3, 4, 5(1)–(3), 6–8, 10–20 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; s. 5(4)–(6) on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1; s. 9 on 1.7.12: s. 2(3) Current State: This information relates only to the provision/s amending the Transport Integration Act 2010 Transport Legislation Amendment (Marine Safety and Other Amendments) Act 2011, No. 78/2011 Assent Date: 13.12.11 Commencement Date: S. 54 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 4 Current State: This information relates only to the provision/s amending the Transport Integration Act 2010 Business Names (Commonwealth Powers) Act 2011, No. 79/2011 Assent Date: 21.12.11 Commencement Date: S. 38 on 28.5.12: Special Gazette (No. 151) 8.5.12 p. 1 Current State: This information relates only to the provision/s amending the Transport Integration Act 2010 Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 54) on 28.6.12: s. 2(1) Current State: This information relates only to the provision/s amending the Transport Integration Act 2010 Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes