Transport (Compliance and Miscellaneous) Act 1983

The Transport (Compliance and Miscellaneous) Act 1983, formerly known as the Transport Act 1983, is a prime statute regulating transport activities in the State of Victoria, Australia. Key areas regulated by the statute currently include taxi and hire car services and compliance and enforcement, particularly in areas like safety and public transport ticketing and conduct.

The act was once the leading transport statute in Victoria but this is no longer the case as that position has been taken by the Transport Integration Act. Nonetheless, the Transport (Compliance and Integration) Act remains a key transport statute in Victoria particularly in a support capacity to the Transport Integration Act and to safety scheme and other statutes.See the following articles for expanded commentary on this point - Transport Legislation Review, Transport Integration Act, Rail Safety Act and Bus Safety Act. The articles contain a host of Parliamentary statements about the respective positions of these statutes including the Transport (Compliance and Miscellaneous) Act

Short history

The Transport (Compliance and Miscellaneous) Act 1983 was initially enacted as the Transport Act 1983 which until June 2010 was the principal land transport statute in Victoria.

The Transport Act 1983 initially established the main land transport organisations in Victoria following major institutional reform in the Victorian transport portfolio in the early 1980s. The Transport Act also contained the key land transport regulatory schemes. However, the development and enactment of the Transport Integration Act 2010 eventually led to that statute becoming the principal transport statute in Victoria, relegating the Transport Act to a secondary role.

In effect, the major reform activity of the then Victorian Government's Transport Legislation Review led to substantial changes in the directions and style of Victoria's transport policy and legislation. The Transport Integration Act developed by the review effectively removed the organisational establishment parts from the Transport Act as Victoria's transport agencies were re-established and reformed with cleaner and newer charters under the Integration Act. In addition, the Transport Act was progressively stripped of many of its substantive transport regulation schemes over many years from the mid-1990s to around 2010 due to the development and enactment of a range of stand alone transport regulation statutes,For example, the Rail Safety Act 2006, the Accident Towing Services Act 2007 and the Bus Safety Act 2009. many of them under the auspices of the Transport Legislation Review.

These two factors combined and the fact that the Transport Act had, unlike the Transport Integration Act, never applied to ports and marine activities and effectively stripped the Transport Act of its pre-eminence.

Position in transport legislation hierarchy Today, the Transport (Compliance and Miscellaneous) Act largely operates as a support statute in the hierarchy of Victorian transport statutes. It forms part of the transport policy and legislation framework in Victoria headed by the Transport Integration Act.Transport Integration Act 2010 - see paragraph (p) in the definition of "transport legislation" in section 3. As a result, the application of the Transport (Compliance and Miscellaneous) Act is subject to the overarching transport system vision, transport system objectives and decision making principles in the Transport Integration Act.

Act content The content of the Transport (Compliance and Miscellaneous) Act consists of the following -

Part 1 - Preliminary This Part contains some formal provisions covering title, commencement and definitions. It also confirms that the Act is transport legislation for the purposes of the Transport Integration Act.Transport (Compliance and Miscellaneous) Act 1983, Part 2, sections 1, 2 and 2A.

Part 2 - Administration The Act no longer contains provisions which establish transport agencies. Part 2 of the Act, on the other hand, contains a number of provisions which empower or relate to agencies established under the Transport Integration Act. For example, the Part contains powers able to be exercised by the Director of Public Transport such as powers relating to use and modification of infrastructure.Transport (Compliance and Miscellaneous) Act 1983, Part 2, sections 9C to 9J. In addition, the Part contains a number of important financial provisions such as the establishment and operation of the Public Transport Fund.Transport (Compliance and Miscellaneous) Act 1983, Part 2, section 11.

Part 3 - Powers of the Corporation Part 3 of the Act contains few provisions. Those that remain though are important and concern land acquisition and development for the City Loop,Transport (Compliance and Miscellaneous) Act 1983, Part 3, sections 43 and 54. regulation making powers and related provisions.Transport (Compliance and Miscellaneous) Act 1983, Part 3, sections 56 and 57.

Part 4 - Financial Most of Part 4 has been repealed by other statutes. It does, however, contain a provision about financial guarantees.Transport (Compliance and Miscellaneous) Act 1983, section 77A.

Part 5 - Chief Investigator, Transport and Marine Safety Investigations Part 5 contains a number of substantive provisions relating to the Chief Investigator, Transport Safety. Included in the Part are special investigation powers for the Chief Investigator,Transport (Compliance and Miscellaneous) Act 1983, Part 5, Division 3. provisions relating to the compilation and issue of reportsTransport (Compliance and Miscellaneous) Act 1983, Part 6, Division 4. and a range of miscellaneous provisions concerning gathering and use of information.Transport (Compliance and Miscellaneous) Act 1983, Part 4, Division 4.

Part 6 - Licensing of Certain Vehicles and Driver Accreditation Part 6 of the Act containing provisions relating to the taxi industry and other small commercial passenger vehicles including hire cars and special purpose vehicles. The Part represents an anomaly in the structure of Victorian transport legislation as other major transport industries in the State are regulated by special purpose statutes.

The provisions in the Part are extensive. They require the licensing of taxis and other small commercial passenger vehicles.Transport (Compliance and Miscellaneous) Act 1983, Part 6, Division 5. Requirements are included concerning the mandatory accreditation of taxi industry participants including licence holders, operators and networks.Transport (Compliance and Miscellaneous) Act 1983, Part 6, Division 4. This Part also provides for the accreditation of drivers of taxis, hire cars and busesTransport (Compliance and Miscellaneous) Act 1983, Part 6, Division 6. and, at odds with the rest of the Part, provisions relating to requirements for the preparation of transport plans where special public or private events affect the operation of transport services.Transport (Compliance and Miscellaneous) Act 1983, Part 6, Division 10. Finally, the Act contains a range of inquiry-related provisions which support the activities of the Taxi Services Commission as part of the Victorian Government's current Taxi Industry Inquiry.Transport (Compliance and Miscellaneous) Act 1983, Part 6, Division 9A added by the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011.

Part 7 - Prosecutions, Enforcement and Penalties and Other Matters Part 7 contains a range of provisions which predominantly concern the enforcement of transport offences. Provision is made for the issue of transport infringements for transport offences but also provides for various powers including name and address and arrest powers. The Part also sets out a number of offences including in relation to dishonesty.Transport (Compliance and Miscellaneous) Act 1983, Part 7, Division 4.

The Part also contains a number of schemes relating to public transport enforcement. For example, it requires the authorisation of persons who conduct ticketing and conduct enforcement activities on Victoria's train, tram and bus networks.Transport (Compliance and Miscellaneous) Act 1983, Part 7, Division 4AA. In addition, the Part sets out an enforcement accreditation scheme for passenger transport companies which must be accredited by the Department of Transport before being able to employ or engage authorised officers. The part also contains a number of specific transport offences relating to dangerous conduct or conduct affecting amenity on public transport.Transport (Compliance and Miscellaneous) Act 1983, Part 7, Division 4AAA.

The final divisions in Part 7 make provision to support public transport safety schemes administered by the Director, Transport Safety for the rail and bus sectors.Transport (Compliance and Miscellaneous) Act 1983, Part 7, Divisions 4AA, 4A. The provisions provide for the appointment and powers of transport safety officers including by establishing inspection and search and seizure powers. Also included in this area of the Part are a range of provisions conferring power to issue sanctions on the Director, Transport Safety and the courts in respect of breaches of transport safety laws.Transport (Compliance and Miscellaneous) Act 1983, Part 7, Division 4B. Sanctions include improvement notices, prohibition notices, enforceable undertakings commercial benefits penalties and exclusion orders.Transport (Compliance and Miscellaneous) Act 1983, Part 7, Division 4B.

Part 8 - Miscellaneous and transitional Consistent with its title, Part 8 sets out a range of miscellaneous and transitional provisions including those relating to the abolition of former transport agencies, service of documents, rail noise, provisions relating to tourist railways, transfer of staff and other sundry matters.Transport (Compliance and Miscellaneous) Act 1983, Part 8, Divisions 1 to 8. A range of detailed transitional provisions were recently added to this Part as a result of the establishment of the Taxi Services Commission and the positioning of the Secretary of the Department of Transport as Victoria's current taxi and small commercial passenger vehicle regulator.Transport (Compliance and Miscellaneous) Act 1983, Part 8, Division 9 added by the Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011.

Schedules Nine of the twelve schedules to the Act have been repealed. Only one is likely to have substantive effect and relates to taxi industry assignments.Transport (Compliance and Miscellaneous) Act 1983, Schedule 7.

Transport (Compliance and Miscellaneous) Act 1983

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