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TRANSPORT (COMPLIANCE AND MISCELLANEOUS) AMENDMENT (ON-THE-SPOT PENALTY FARES) ACT 2013 (NO. 80 OF 2013) - SECT 8

New sections 220DB to 220DE inserted

After section 220DA of the Principal Act insert

        " 220DB     Conditions relating to on-the-spot penalty tickets

The conditions determined under section 220D(1)—

        (a)     may specify the public transport services that a person to whom an on-the-spot penalty ticket has been issued is entitled to use; and

        (b)     may provide for the entitlement to use a public transport service to apply retrospectively to the start of the person's use of the public transport services.

        220DC     Directions relating to on-the-spot penalty fares

    (1)     The Public Transport Development Authority may give directions to authorised officers authorised under section 221AB in relation to the offering of an opportunity to pay on-the-spot penalty fares and the payment of on-the-spot penalty fares under section 212AA.

    (2)     Without limiting subsection (1), the directions—

        (a)     may specify conditions to which the exercise of an authorised officer's power to offer a person an opportunity to pay an on-the-spot penalty fare is subject; and

        (b)     may specify the methods by which an on-the-spot penalty fare must be paid.

        220DD     Allocation of on-the-spot penalty fares

    (1)     The amount of any on-the-spot penalty fares received by an authorised officer or other person under section 212AA must be paid by the authorised officer or other person to the Public Transport Development Authority at the time and in the manner specified by the Authority.

    (2)     The Public Transport Development Authority may deduct from the total amount of any on-the-spot penalty fares it receives under this Part any reasonable costs in administering the on-the-spot penalty fares scheme incurred by—

        (a)     the Public Transport Development Authority; and

        (b)     passenger transport companies; and

        (c)     bus companies; and

        (d)     Bus Association Victoria.

    (3)     After deducting any reasonable costs under subsection (2), the Public Transport Development Authority must pay into the Consolidated Fund the remaining amount of any on-the-spot penalty fares it has received.

    (4)     For the purposes of subsection (2), the reasonable costs in administering the on-the-spot penalty fares scheme must be determined by the Minister for Public Transport with the approval of the Treasurer.

    (5)     A determination under subsection (4) must specify the amounts of the reasonable costs, or the method by which the amounts must be calculated.

        220DE     Record keeping for the issuing of on-the-spot penalty tickets

    (1)     The Public Transport Development Authority must keep the prescribed records in relation to the issuing of on-the-spot penalty tickets and the receipt of on-the-spot penalty fares in the prescribed form and manner.

    (2)     A passenger transport company, a bus company and Bus Association Victoria must each keep the prescribed records in relation to the issuing of on-the-spot penalty tickets and the receipt of on-the-spot penalty fares in the prescribed form and manner.

Penalty:     10 penalty units.".



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