Victorian Numbered Acts Victorian Numbered ActsSchedule 1—Consequential amendments
1.1 In section 3(1), in the definition of "bus", paragraph (d) is repealed .
2.1 For section 219(2)(a) substitute —
"(a) is a commercial passenger vehicle (within the meaning of the Commercial Passenger Vehicle Industry Act 2017 ); and".
2.2 For section 233C(2)(d) substitute —
"(d) is not a commercial passenger vehicle (within the meaning of the Commercial Passenger Vehicle Industry Act 2017 ).".
2.3 For section 233D(2)(e) substitute —
"(e) is not a commercial passenger vehicle (within the meaning of the Commercial Passenger Vehicle Industry Act 2017 ).".
3 Environment Protection Act 1970
3.1 In section 45H(2), for "taxi" substitute "commercial passenger vehicle (within the meaning of the Commercial Passenger Vehicle Industry Act 2017 )".
4 Essential Services Commission Act 2001
4.1 In section 3, in the definition of "essential service"—
(a) in paragraph (fa) omit "taxi";
(b) in paragraph (fb), for "taxi industry" substitute "commercial passenger vehicle industry in relation to applicable unbooked services within the meaning of Division 1A of Part 6 of the Commercial Passenger Vehicle Industry Act 2017 ".
4.2 In section 3 insert the following definition—
""non-cash payment transaction industry" has the same meaning as in Division 3 of Part 6 of the Commercial Passenger Vehicle Industry Act 2017 .".
4.3 In section 3, the definition of taxi non-cash payment transaction industry is repealed .
4.4 In section 3, in the definition of "Tariff Order", for "2000;" substitute "2000.".
5 Liquor Control Reform Act 1998
5.1 In section 113A(4), in the definition of "bus", for paragraph (c) substitute —
"(c) a commercial passenger vehicle within the meaning of the Commercial Passenger Vehicle Industry Act 2017 ; or".
6.1 In Schedule 1, in item 8, in column 1, for "Taxi Services Commission" substitute "Commercial Passenger Vehicle Commission".
6.2 In Schedule 1, for item 33A substitute —
|
"33A |
A person in the person's capacity as an authorised officer within the meaning of the Commercial Passenger Vehicle Industry Act 2017 |
A Commissioner within the meaning of section 115I of the Transport Integration Act 2010 |
Minister administering Division 2 of Part 7 of the Commercial Passenger Vehicle Industry Act 2017 ". |
6.3 In Schedule 3, in item 14, for "Taxi Services Commission" substitute "Commercial Passenger Vehicle Commission".
7 Public Administration Act 2004
7.1 In section 16(1)(ba), for "Taxi Services Commission" substitute "Commercial Passenger Vehicle Commission".
8.1 In section 3(1)—
(a) in the definition of "commercial motor vehicle", for paragraph (a) substitute —
"(a) a commercial passenger vehicle; or";
(b) the definitions of taxi-cab and TSC are repealed ;
(c) insert the following definitions—
""commercial passenger vehicle" has the same meaning as in the Commercial Passenger Vehicle Industry Act 2017 ;
"CPVC" means the Commercial Passenger Vehicle Commission established by section 115B of the Transport Integration Act 2010 ;".
8.2 For section 13(6)(c) substitute —
"(c) if the motor vehicle is, or the trailer is attached to a motor vehicle that is, a commercial passenger vehicle, an authorised officer within the meaning of the Commercial Passenger Vehicle Industry Act 2017 .".
8.3 For section 52(1C) substitute —
"(1C) This section also applies to a person who is using a vehicle for the purpose of providing commercial passenger vehicle services within the meaning of the Commercial Passenger Vehicle Industry Act 2017 .".
8.4 In section 77(2)(c), for "TSC" substitute "CPVC".
8.5 In section 77(3), for "TSC" (where twice occurring) substitute "CPVC".
8.6 In section 84(1), for "TSC" (wherever occurring) substitute "CPVC".
8.7 In section 84(3) and (4A), for "TSC" substitute "CPVC".
8.8 In section 84BB, in the definition of unknown user statement omit "or an offence involving a taxi-cab".
8.9 Section 84BE(1B), (1C), (1D) and (2)(a)(iv) are repealed .
9 Taxation Administration Act 1997
9.1 In section 4(1)(aba), for "Part 2" substitute "Part 11".
9.2 In section 20A(7), for "Part 2" substitute "Part 11".
9.3 In section 92(1)(e)(iic)—
(a) for "Taxi Services Commission" substitute "Commercial Passenger Vehicle Commission";
(b) for "Part 2" substitute "Part 11".
9.4 In section 130B(2)(ab), for "14(1)" substitute "240(1)".
9.5 Insert the following note at the foot of section 135(6)—
" Note
Section 79 of the Commercial Passenger Vehicle Industry Act 2017 , which inserted subsection (6) into this section, was repealed by section 4 of the Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017 . A new section 79 was inserted into the Commercial Passenger Vehicle Industry Act 2017 by section 18 of the Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017 .".
10 Transport (Compliance and Miscellaneous) Act 1983
10.1 In section 2(1)—
(a) insert the following definitions—
""Commercial Passenger Vehicle Commission" means the body corporate established by section 115B of the Transport Integration Act 2010 ;
"CPVC" means the Commercial Passenger Vehicle Commission;";
(b) in the definition of "licensing authority", for "Taxi Services Commission" substitute "Commercial Passenger Vehicle Commission";
(c) the definitions of Taxi Services Commission and TSC are repealed
10.2 In section 86(1) the definitions of accredited operator , applicable pre-1973 fraud or dishonesty offence , "carrying capacity", commercial goods vehicle , "commercial passenger vehicle", costs incurred in making the journey", "Country Zone , ESC , hire car", "hire car licence , level 1 offence , "level 2 offence", Melbourne Metropolitan Zone , "motor cycle", new taxi-cab licence , "operate", operator , Order in Council , "owner", prescribed amount , primary producer", "public commercial passenger vehicle , "public place", recreation vehicle , Regional Zone", "register of taxi industry participants , specified indictable fraud or dishonesty offence , "taxi-cab", taxi-cab licence , taxi non-cash payment surcharge", "taxi non-cash payment transaction , Urban and Large Regional Zone and vehicle pool matching service are repealed .
10.3 In section 86(1), in the definition of motor "vehicle", for "vehicle;" substitute "vehicle.".
10.4 Section 86(2) is repealed .
10.5 Section 87 is repealed .
10.6 Section 89 is repealed .
10.7 Divisions 4, 5 (except section 144(1)(db) and (dc), (1E)(b), (2)(d) and (da), (5), (6), (7) and (9)), 5B and 5C of Part VI are repealed .
10.8 Section 144(1)(db) and (dc), (1E)(b), (2)(d) and (da), (5), (6), (7) and (9)) and Divisions 5A and 5AB of Part VI are repealed .
10.9 In the heading to Division 6 of Part VI omit " commercial passenger vehicles, ".
10.10 In section 164(1) omit "commercial passenger vehicles and".
10.11 Section 165(1)(a), (2) and (4) are repealed .
10.12 Section 166(1)(a) is repealed .
10.13 Section 167(1C)(b)(i) is repealed .
10.14 In section 167(2)(a), for "prescribed class of person" substitute "registered medical practitioner".
10.15 In section 169N(3)(c)(i) omit "commercial passenger vehicles and".
10.16 In section 169O(1), for "An person" substitute "A person".
10.17 In section 169S(2), in the definition of relevant operator , paragraphs (a) and (b) are repealed .
10.18 Section 169WA is repealed .
10.19 In the heading to section 169WB, for " commercial passenger vehicle etc. " substitute " vehicle used to operate bus service ".
10.20 Section 169WB(1)(a) is repealed .
10.21 Divisions 6A, 7 and 9A of Part VI are repealed .
10.22 In section 212(1A)(ab), for "TSC" (wherever occurring) substitute "CPVC".
10.23 Section 216(3), (4) and (5) are repealed .
10.24 In section 221U—
(a) the definitions of commercial passenger vehicle and taxi-cab are repealed ;
(b) paragraph (b) of the definition of road vehicle is repealed .
10.25 In section 225(1), in the definition of "officer", in paragraph (a), for "Taxi Services Commission" substitute "Commercial Passenger Vehicle Commission".
10.26 Section 226(2)(a) to (n) and (x) are repealed .
10.27 Section 226A is repealed .
10.28 Division 4ABA of Part VII is repealed .
10.29 In section 230(4), for "Taxi Services Commission" (where twice occurring) substitute "Commercial Passenger Vehicle Commission".
10.30 Sections 230AI to 230DC are repealed .
10.31 Section 230FA is repealed .
11 Transport Integration Act 2010
11.1 In section 3—
(a) in the definition of "sector transport agency", for paragraph (c) substitute —
"(c) the Commercial Passenger Vehicle Commission; or";
(b) the definitions of taxi-cab and Taxi Services Commission are repealed ;
(c) in the definition of "transport body", for paragraph (ra) substitute —
"(ra) the Commercial Passenger Vehicle Commission;";
(d) in the definition of "transport legislation", after paragraph (e) insert —
"(ea) Commercial Passenger Vehicle Industry Act 2017 ;";
(e) in the definition of "transport system", in paragraph (a)(iii), for "vehicles, taxi-cabs, hire cars," substitute "vehicles (including commercial passenger vehicles),";
(f) in the definition of "transport system agency", for paragraph (c) substitute —
"(c) the Commercial Passenger Vehicle Commission;".
11.2 In section 3 insert the following definitions—
""Commercial Passenger Vehicle Commission "means the body corporate established under section 115B;
"commercial passenger vehicle service" has the same meaning as it has in the Commercial Passenger Vehicle Industry Act 2017 ;".
11.3 In the heading to Division 3 of Part 5, for " Taxi Services Commission " substitute " Commercial Passenger Vehicle Commission ".
11.4 In section 115A, in the definition of "Commission", for "Taxi Services Commission" substitute "Commercial Passenger Vehicle Commission".
11.5 In the heading to section 115B, for " Taxi Services Commission " substitute " Commercial Passenger Vehicle Commission ".
11.6 In section 115B(1), for "Taxi Services Commission" substitute "Commercial Passenger Vehicle Commission".
11.7 In the headings to sections 115D, 115E, 115F and 115G, for " Taxi Services Commission " substitute " Commercial Passenger Vehicle Commission ".
11.8 In section 115SC(2), (4), (6), (7), (9), (10), (11) and (12), for "Taxi Services Commission" substitute "Commercial Passenger Vehicle Commission".
11.9 In section 115SC(5) and (8), for "Taxi Services Commission" (wherever occurring) substitute "Commercial Passenger Vehicle Commission".
11.10 In section 115SD, for "Taxi Services Commission" (wherever occurring) substitute "Commercial Passenger Vehicle Commission".
11.11 In section 115SE(1) and (2), for "Taxi Services Commission" substitute "Commercial Passenger Vehicle Commission".
11.12 In section 115SF, for "Taxi Services Commission" (where twice occurring) substitute "Commercial Passenger Vehicle Commission".
11.13 Section 115F(1)(b) is repealed .
11.14 In section 115F(1)(de), after "publish" insert "codes of practice and".
11.15 Section 115F(1)(dg) is repealed .
11.16 After section 115F(1)(e) insert —
"(ea) to advise and make recommendations to the Minister on matters relating to the safety of commercial passenger vehicle services in Victoria;
(eb) to provide guidance and other information on matters relating to the safety of commercial passenger vehicle services in Victoria;".
11.17 In section 115F(4), in the definition of relevant legislation —
(a) for "Part VI of the Transport (Compliance and Miscellaneous) Act 1983 " substitute "the Commercial Passenger Vehicle Industry Act 2017 ";
(b) for "that Part" substitute "that Act".
11.18 Section 115SB is repealed .
11.19 After section 203A insert —
(1) Despite the name of the body established by section 115B being changed from Taxi Services Commission to Commercial Passenger Vehicle Commission, that body is the same body as in existence immediately before the commencement day.
(2) No decision, act, matter, or thing is affected because of the change of name referred to in subsection (1).
(3) On and after the commencement day—
(a) the Chairperson and each additional Commissioner continues as Chairperson or Commissioner according to the terms of appointment that applied immediately before that day; and
(b) the official seal of the Taxi Services Commission, as affixed to any document before that day, is taken to be the official seal of the Commercial Passenger Vehicle Commission; and
(c) a reference in any document to the Taxi Services Commission is taken to be a reference to the Commercial Passenger Vehicle Commission.
(4) In this section—
"commencement day" means the day on which item 11.6 of Schedule 1 to the Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017 comes into operation.".
12 Workplace Injury Rehabilitation and Compensation Act 2013
12.1 In clause 7(2) of Schedule 1, for "Division 5C of Part VI of the Transport (Compliance and Miscellaneous) Act 1983 " substitute "Division 1 of Part 6 of the Commercial Passenger Vehicle Industry Act 2017 ".
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