S. 3(1) def. of freight service inserted by No. 25/2005 s. 3(b), repealed by No. 29/2006 s. 3(Sch. 1 item 34.1). * * * * * S. 3(1) def. of former transferor instrument inserted by No. 98/1998 s. 4(1). former transferor instrument, in Division 3 of Part 4, means an instrument or an oral agreement subsisting immediately before the relevant date— (a) to which the transferor was a party; or (b) that was given to, or in favour of, the transferor; or (c) that refers to the transferor; or (d) under which— (i) money is, or may become, payable to or by the transferor; or (ii) other property is to be, or may become liable to be, transferred to or by the transferor; s. 3 S. 3(1) def. of freight service inserted by No. 29/2006 s. 3(Sch. 1 item 34.2). freight service means a service for the carrying of freight by railway; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; S. 3(1) def. of metropolitan area inserted by No. 98/1998 s. 4(1). metropolitan area means the area within a radius of 30 kilometres of the post office at the corner of and ;
S. 3(1) def. of precinct inserted by No. 45/1999 s. 4(2), amended by No. 95/2005 s. 9(2)(a), repealed by No. 26/2009 s. 7(1). * * * * * 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; S. 3(1) def. of public statutory body inserted by No. 45/1999 s. 4(2), repealed by No. 26/2009 s. 7(1). * * * * * S. 3(1) def. of Public Transport Development Authority inserted by No. 61/2011 s. 25(Sch. 1 item 8.1(b)). Public Transport Development Authority has the same meaning as it has in section 3 of the Transport Integration Act 2010; S. 3(1) def. of public transport service inserted by No. 49/2004 s. 20(b). s. 3 public transport service means a service— (a) for the manufacture, production, supply or issue of tickets, or the supply and maintenance of a ticketing system, for use by passengers on a railway or tramway; (b) for the distribution of tickets amongst train operators and tram operators;
Note Associated rail infrastructure may be declared to be rail infrastructure for the purposes of Part 2A under an Order made by the Governor in Council: See section 38B. s. 3 S. 3(1) def. of Rail Track substituted by No. 6/2010 s. 200(3) (Sch. 4 item 2(c)) (as amended by No. 45/2010 s. 19). Rail Track means Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010; S. 3(1) def. of rail transport service inserted by No. 47/1998 s. 4(1), amended by Nos 98/1998 s. 4(2), 30/2000 s. 39(1), 65/2000 s. 8(1), repealed by No. 25/2005 s. 3(a). * * * * * S. 3(1) def. of railway track inserted by No. 29/2011 s. 3(Sch. 1 item 79(b)). railway track includes heavy railway track and light railway track; S. 3(1) def. of related body corporate inserted by No. 20/2002 s. 3. related body corporate has the same meaning as in section 9 of the Corporations Act; S. 3(1) def. of relevant assets inserted by No. 98/1998 s. 4(1). relevant assets, in Division 3 of Part 4, means assets of an operator which, under an agreement referred to in section 70, the parties agree are relevant assets for the purposes of that Division;
S. 3(1) def. of relevant date inserted by No. 98/1998 s. 4(1), amended by No. 45/1999 s. 4(1)(b). relevant date, in Division 3 of Part 4, in relation to an allocation statement under section 71 or relevant assets allocated under such a statement, means the date, or the date and time, fixed by the Minister under section 71(5) for the purposes of that statement; s. 3 rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; S. 3(1) def. of road inserted by No. 104/1997 s. 5. road includes street, lane, bridge, thoroughfare and any other place open to or used by the public for passage with vehicles and includes every carriageway, footpath, traffic island, nature strip and any area provided to separate vehicular traffic on any such street, lane, bridge, thoroughfare or other place; S. 3(1) def. of rolling stock amended by No. 104/1997 s. 19(1)(b) (i)–(iii). rolling stock means a vehicle that operates on or uses a railway track or tramway track, and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, road/rail vehicle, trolley, wagon or monorail vehicle; S. 3(1) def. of Safety Director inserted by No. 9/2006 s. 150, substituted by No. 6/2010 s. 200(3) (Sch. 4 item 2(d)) (as amended by No. 45/2010 s. 19). Safety Director means the Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010;
network owned or operated by the access provider; (b) a service provided, or that may be provided, by an access provider for, or associated with, the connection of railway track or tramway track owned or operated by another person to railway track or tramway track owned or operated by that access provider; (c) any service that is ancillary to a service referred to in paragraph (a) or (b); S. 38A def. of railway operations inserted by No. 22/2013 s. 63(b). railway operations means railway operations within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria); reference service means a declared rail transport service that— (a) is provided by an access provider to itself or a related body corporate; or (b) is likely to represent a significant proportion of demand by access seekers for declared rail transport services; or s. 38A (c) is provided by means of a terminal; relevant capacity allocation activity means— (a) assessing the capacity of a rail network; (b) allocating the capacity of a rail network; (c) allocating train paths; (d) any activity that is ancillary to an activity referred to in paragraph (a) to (c);
S. 38ZZA inserted by No. 25/2005 s. 6. 38ZZA Commission may decide not to make dispute resolution decision in certain cases The Commission may at any time decide not to make a dispute resolution decision (without making such a decision) if the Commission considers that— (a) the notification under section 38ZV(1) was vexatious; (b) the subject-matter of the access regime dispute is trivial, misconceived or lacking substance. S. 38ZZB inserted by No. 25/2005 s. 6. 38ZZB Matters to be taken into account in making decision s. 38ZZB In making a dispute resolution decision, the Commission— (a) must take into account— (i) the objectives referred to in section 38F; and (ii) the matters or things set out in section 38ZI(b) to (i); and (iii) information given to it in accordance with Part 4 of the Essential Services Commission Act 2001 where that information has been given to the Commission within the time specified in a written notice under section 37(2) of that Act; and (b) may take into account any other matter that it considers relevant.
(2) The making of an interim decision does not relieve the Commission from its duty to make a dispute resolution decision. (3) Subject to this section, an interim decision has effect— (a) on and from the date specified in the interim decision; and (b) as if it were a dispute resolution decision. (4) In making an interim decision, the Commission may take into account any matter it considers relevant. (5) Subject to this section, unless sooner revoked, an interim decision is binding on the parties to the access regime dispute and remains in force until— (a) the end of the period specified in the interim decision; or (b) until a dispute resolution decision is made. (6) The Commission may revoke an interim decision. (7) If— (a) an interim decision is in force in relation to an access regime dispute; and (b) the notification under section 38ZV(1) is withdrawn under section 38ZW— the interim decision is taken to have been revoked when the withdrawal occurs. (8) If an interim decision is made, a copy of the decision must be given to the parties without delay. S. 38ZZP inserted by No. 25/2005 s. 6. 38ZZP Variation or revocation of dispute resolution decisions s. 38ZZP (1) A party to an access regime dispute in respect of which the Commission has made a dispute
S. 39(1) def. of relevant person inserted by No. 98/1998 s. 13(1)(c). relevant person means a rail corporation, the State, a statutory authority or a body corporate all the shares in which are held by, or on behalf of, the State or a statutory authority; transferee means a person to whom property is allocated under an allocation statement under section 40 or 41; transferor means the PTC or rail corporation from which property is transferred under an allocation statement under section 40 or 41; S. 39(1) def. of transferred PTC employee inserted by No. 104/1997 s. 17(1)(a). transferred PTC employee means a person who, by virtue of section 58, is regarded as being employed by a new employer with effect from the relevant date; S. 39(1) def. of transferred RC employee inserted by No. 98/1998 s. 13(1)(c). transferred RC employee means a person who, by virtue of section 59B, is regarded as being employed by a new employer with effect from the relevant date. (2) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under section 40 or 41. s. 39 S. 39(2A) inserted by No. 104/1997 s. 17(2), amended by No. 98/1998 s. 13(2). (2A) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of a document referred to in section 57(1) or 59A(1). S. 39(2B) inserted by No. 104/1997 s. 17(2). (2B) Despite anything to the contrary in this or any other Act or in any rule of law, a building or other improvement of any kind on land may be transferred to a person in accordance with Division 2 irrespective of whether the land—
(2) A direction under subsection (1) may include directions as to the method of valuation to be used by the PTC for the purposes of determining the value of property, rights and liabilities to be transferred. (3) Within 45 days after receiving a direction under subsection (1), the PTC must give to the Minister a statement containing the information required by the Minister relating to the property, rights and liabilities of the PTC to which the direction relates, as at the date specified by the Minister for the purposes of this section. (4) A statement under this section— S. 40(4)(a) amended by No. 104/1997 s. 14(3). (a) must give the value of the property, rights and liabilities of the PTC to be transferred; and (b) must allocate the property, rights and liabilities of the PTC shown in the statement in accordance with the directions of the Minister; and S. 40(4)(c) amended by No. 47/1998 s. 14(1). (c) must be signed by the Administrator of the PTC. (5) If a statement under this section is approved by the Minister— (a) the Minister must sign the statement; and S. 40(5)(b) amended by No. 104/1997 s. 16(4). (b) the statement is an allocation statement for the purposes of this Division. (6) The Minister may at any time direct the PTC to amend a statement given to him or her under this section as specified in the direction.
(c) a person specified in an Order under subsection (3), subject to any terms and conditions specified in that Order; S. 65(2)(d) amended by No. 63/1999 s. 9(3)(q). (d) a person authorised, in accordance with the agreement, lease or licence referred to in subsection (1), by a person referred to in paragraph (b) or (c) to exercise a power conferred on the authorising person by this section, subject to any terms and conditions specified in the authorisation. (3) The Governor in Council, by Order published in the Government Gazette, may declare that this section applies, on and from a date specified in the Order and subject to any terms and conditions specified in the Order, to a person specified in the Order that— S. 65(3)(a) amended by No. 61/2011 s. 25(Sch. 1 item 8.16). (a) is a party to a contract with the Secretary or the Public Transport Development Authority for the provision by that person of a passenger service; or S. 65(3)(b) amended by Nos 30/2000 s. 39(7), 61/2011 s. 25(Sch. 1 item 8.17). (b) is a party to a lease with Rail Track or the Secretary or the Public Transport Development Authority in relation to any tram infrastructure owned by Rail Track, the Public Transport Development Authority or the Crown. S. 66 inserted by No. 98/1998 s. 15. 66 Overhead power supply s. 66 S. 66(1) amended by No. 12/2004 s. 174(5)(a)(b). (1) Subject to the Road Management Act 2004, a person to which this section applies 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,
specified in the Order, to a person specified in the Order that— S. 67(4)(a) amended by No. 61/2011 s. 25(Sch. 1 item 8.21). (a) is a party to a contract with the Secretary or the Public Transport Development Authority for the provision by that person of a passenger service; or S. 67(4)(b) amended by Nos 54/2001 s. 34(b), 61/2011 s. 25(Sch. 1 item 8.22). (b) is a party to a lease with Rail Track or the Secretary or the 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. Pt 4 Div. 1A (Heading and ss 67A–67I) inserted by No. 61/2011 s. 21. Division 1A—Powers of the Secretary and the Public Transport Development Authority S. 67A inserted by No. 61/2011 s. 21. 67A Clearance of trees or wood s. 67A (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.
S. 106 inserted by No. 98/1998 s. 15, amended by No. 25/2005 s. 8 (ILA s. 39B(1)). 106 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. S. 106(2) inserted by No. 25/2005 s. 8. (2) Regulations made under this Act— (a) may be of general or limited application; (b) may differ according to differences in time, place or circumstance. s. 106 _______________ Pt 7 (Heading and ss 107, 108) inserted by No. 98/1998 s. 15. S. 106A inserted by No. 98/1998 s. 16. 106A Privatisation of V/Line Freight s. 106A On the commencement of section 4 of the Rail Corporations (Amendment) Act 1997— (a) V/Line Freight is abolished; (b) all directors of V/Line Freight go out of office; (c) the chief executive officer of V/Line Freight goes out of office; (d) the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of V/Line Freight. S. 107 inserted by No. 98/1998 s. 15. 107 Orders under repealed sections