1Purpose
The main purpose of this Act is to establish a regime for the management of rail infrastructure in Victoria.
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Bill homepage (legislation.vic.gov.au)The main purpose of this Act is to establish a regime for the management of rail infrastructure in Victoria.
This Part comes into operation on the day on which this Act receives the Royal Assent.
Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
If a provision referred to in subsection (2) does not come into operation before 1 January 1998, it comes into operation on that day.
In this Act—
S. 3(1) def. of associated rail infrastructure inserted by No. 25/2005 s. 3(d).
associated rail infrastructure means—
an office, building or house used in the provision of rail transport services;
a workshop;
a terminal;
rolling stock;
S. 3(1) def. of Commission inserted by No. 62/2001 s. 89(1)(a), repealed by No. 41/2020 s. 8.
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S. 3(1) def. of declared rail transport service inserted by No. 47/1998 s. 4(1), repealed by No. 25/2005 s. 3(a).
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S. 3(1) def. of declared railway service repealed by No. 104/1997 s. 24(1).
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S. 3(1) def. of Department inserted by No. 68/2017 s. 87, substituted by No. 49/2019 s. 186(Sch. 4 item 35.1(a)), amended by No. 25/2025 s. 106(Sch. 1 item 35).
Department means the Department of Transport and Planning;
S. 3(1) def. of Director inserted by No. 98/1998 s. 4(1), substituted by No. 6/2010 s. 200(3) (Sch. 4 item 2(a)) (as amended by No. 45/2010 s. 19), repealed by No. 61/2011 s. 25(Sch. 1 item 8.1(a)).
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S. 3(1) def. of former relevant assets inserted by No. 98/1998 s. 4(1).
former relevant assets, in relation to a transferor, means assets of the transferor that, under Division 3 of Part 4, have vested in the State, another operator or another person;
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 of freight service inserted by No. 25/2005 s. 3(b), repealed by No. 29/2006 s. 3(Sch. 1 item 34.1).
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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—
to which the transferor was a party; or
that was given to, or in favour of, the transferor; or
that refers to the transferor; or
under which—
money is, or may become, payable to or by the transferor; or
other property is to be, or may become liable to be, transferred to or by the transferor;
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;
S. 3(1) def. of Head, Transport for Victoria inserted by No. 3/2017 s. 50(Sch. 1 item 6.1).
Head, Transport for Victoria has the same meaning as it has in section 3 of the Transport Integration Act 2010;
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 Bourke Street and Elizabeth Street, Melbourne;
S. 3(1) def. of metropolitan train operator inserted by No. 98/1998 s. 4(1), repealed by No. 49/2004 s. 20(a).
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S. 3(1) def. of metropolitan tram operator inserted by No. 98/1998 s. 4(1), repealed by No. 49/2004 s. 20(a).
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S. 3(1) def. of Office repealed by No. 104/1997 s. 24(1), new def. of Office inserted by No. 47/1998 s. 4(1), repealed by No. 62/2001 s. 89(1)(b).
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S. 3(1) def. of operator inserted by No. 98/1998 s. 4(1).
operator, in Division 3 of Part 4, means a train operator or a tram operator or other person to which section 70 applies;
S. 3(1) def. of passenger service inserted by No. 98/1998 s. 4(1).
passenger service means a service for the carrying of passengers by railway or tramway;
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).
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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).
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S. 3(1) def. of Public Transport Development Authority inserted by No. 61/2011 s. 25(Sch. 1 item 8.1(b)), repealed by No. 49/2019 s. 186(Sch. 4 item 35.1(b)).
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S. 3(1) def. of public transport service inserted by No. 49/2004 s. 20(b).
public transport service means a service—
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;
for the distribution of tickets amongst train operators and tram operators;
for the collection of revenue from ticket sales and the distribution of that revenue amongst train operators and tram operators;
for the provision of information to passengers or members of the public relating to the operation of a passenger service;
for the marketing of passenger services or other transport services;
for the construction and supply of rail infrastructure, train infrastructure or rolling stock;
for the maintenance of rail infrastructure, tram infrastructure or rolling stock;
that is ancillary or incidental to the provision of a passenger service or other transport service including, but not limited to, the provision of financial accommodation in connection with the acquisition of rolling stock;
S. 3(1) def. of railway substituted as railway track by No. 104/1997 s. 19(1)(a), repealed by No. 29/2011 s. 3(Sch. 1 item 79(a)).
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S. 3(1) def. of rail corporation amended by Nos 104/1997 ss 7, 9, 11, 13, 47/1998 s. 4(2), 104/1997 s. 4(3), 45/1999 s. 4(1)(a), 63/1999 ss 3(2), 4(2), 5(2), 6(2), 63/1999 s. 7(2), 34/2003 s. 15(a), 95/2005 s. 9(2)(a), 26/2009 s. 7(2) 6/2010 s. 200(3) (Sch. 4 item 2(b)) (as amended by No. 45/2010 s. 19).
rail corporation means Rail Track or V/Line Corporation;
S. 3(1) def. of rail infrastructure substituted by No. 25/2005 s. 3(c), amended by No. 30/2021 s. 90.
rail infrastructure means a facility that is used to operate a railway and includes—
railway track, railway track sidings, associated track structures and works (such as cuttings, tunnels, bridges, stations, platforms, excavations, land fill, track support earthworks and drainage works), over-track structures, under-track structures, service roads, signalling systems, rolling stock control systems, communications systems, notices and signs, overhead electrical power supply systems and associated buildings, depots, yards, plant, machinery and equipment; and
a facility or infrastructure not referred to in paragraph (a) that is used to operate a railway that is prescribed to be rail infrastructure—
but does not include associated rail infrastructure;
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).
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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;
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), repealed by No. 34/2023 s. 127(Sch. 1 item 11).
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S. 3(1) def. of Secretary inserted by No. 98/1998 s. 4(1), substituted by No. 6/2010 s. 200(3) (Sch. 4 item 2(e)) (as amended by No. 45/2010 s. 19).
Secretary has the same meaning as it has in section 3 of the Transport Integration Act 2010;
S. 3(1) def. of terminal inserted by No. 25/2005 s. 3(d).
terminal means a facility at which freight is loaded or unloaded from rolling stock, or stored, and includes hard stands, equipment and other infrastructure used for the loading or unloading of freight from rolling stock at the facility;
S. 3(1) def. of train operator inserted by No. 98/1998 s. 4(1), amended by No. 49/2004 s. 20(c)(i)(ii).
train operator, in relation to a provision of this Act, means a body corporate specified in an Order under subsection (2) to be a train operator for the purposes of that provision;
S. 3(1) def. of tram infrastructure inserted by No. 104/1997 s. 19(1)(c).
tram infrastructure means the facilities that are used to operate a tramway and includes, but is not limited to, tramway track, associated track structures and works (such as cuttings, tunnels, bridges, stopping places, excavations, land fill, track support earthworks and drainage works), over-track structures, under-track structures, service roads, signalling systems, rolling stock control systems, communications systems, notices and signs, overhead electrical power supply systems and associated buildings, workshops, depots, yards, plant, machinery and equipment, but does not include rolling stock;
S. 3(1) def. of tram operator inserted by No. 98/1998 s. 4(1), amended by No. 49/2004 s. 20(d)(i)(ii).
tram operator, in relation to a provision of this Act, means a body corporate specified in an Order under subsection (3) to be a tram operator for the purposes of that provision;
S. 3(1) def. of transferee inserted by No. 98/1998 s. 4(1).
transferee, in Division 3 of Part 4, means a person to whom relevant assets are allocated under an allocation statement under section 71;
S. 3(1) def. of transferor inserted by No. 98/1998 s. 4(1).
transferor, in Division 3 of Part 4, means the operator from which relevant assets are transferred under an allocation statement under section 71;
S. 3(1) def. of V/Line Corporation inserted by No. 6/2010 s. 200(3) (Sch. 4 item 2(f)) (as amended by No. 45/2010 s. 19).
V/Line Corporation has the same meaning as it has in section 3 of the Transport Integration Act 2010.
S. 3(2) repealed by No. 104/1997 s. 19(2), new s. 3(2) inserted by No. 98/1998 s. 4(3), substituted by No. 45/1999 s. 5.
The Governor in Council, by Order published in the Government Gazette, may declare that a specified body corporate, being a body corporate that—
S. 3(2)(a) amended by Nos 30/2000 s. 39(2), 95/2005 s. 9(2)(b), 26/2009 s. 7(3), 61/2011 s. 25(Sch. 1 item 8.2), 3/2017 s. 50(Sch. 1 item 6.2), 49/2019 s. 186(Sch. 4 item 35.2(a)).
is a party to a lease of rail infrastructure by the Head, Transport for Victoria or Rail Track; or
S. 3(2)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 8.2), 3/2017 s. 50(Sch. 1 item 6.3), 49/2019 s. 186(Sch. 4 item 35.2(b)).
is a party to a contract with the Secretary or the Head, Transport for Victoria for the provision by that body corporate of a passenger service—
is, on and from a specified date, a train operator for the purposes of a specified provision of this Act.
S. 3(3) inserted by No. 98/1998 s. 4(3), substituted by No. 45/1999 s. 5.
The Governor in Council, by Order published in the Government Gazette, may declare that a specified body corporate, being a body corporate that—
S. 3(3)(a) amended by Nos 54/2001 s. 28, 95/2005 s. 9(2)(b), 26/2009 s. 7(3), 61/2011 s. 25(Sch. 1 item 8.2), 3/2017 s. 50(Sch. 1 item 6.2), 49/2019 s. 186(Sch. 4 item 35.3(a)).
is a party to a lease of tram infrastructure by the Head, Transport for Victoria or Rail Track; or
S. 3(3)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 8.2), 3/2017 s. 50(Sch. 1 item 6.3), 49/2019 s. 186(Sch. 4 item 35.3(b)).
is a party to a contract with the Secretary or the Head, Transport for Victoria for the provision by that body corporate of a passenger service—
is, on and from a specified date, a tram operator for the purposes of a specified provision of this Act.
S. 3A inserted by No. 45/1999 s. 6, amended by No. 95/2005 s. 9(2)(b)(c), repealed by No. 26/2009 s. 7(4), new s. 3A inserted by No. 6/2010 s. 24(5) (Sch. 1 item 12) (as amended by No. 45/2010 s. 5).
This Act is transport legislation within the meaning of the Transport Integration Act 2010.
Pt 2 (Heading and ss 4–38) amended by Nos 79/1996 s. 108 (as amended by No. 98/1998 s. 15), 104/1997 ss 3, 4(1), 6, 8, 10, 12, 19(3), 20–23, 24(2), 47/1998 ss 5–9, 85/1998 s. 24(Sch. item 49.1), 98/1998 ss 5–12, 45/1999 s. 7, 63/1999 ss 3(1), 4(1), 5(1), 6(1), 7(1), 44/2001 s. 3(Sch. item 97.1), 34/2003 ss 14, 17, 18, 95/2005 s. 9(1), 9/2006 ss 151–153, 47/2006 ss 32, 37, 26/2009 s. 6, repealed by No. 6/2010 s. 200(3) (Sch. 4 item 3) (as amended by
No. 45/2010 s. 19).
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Pt 2A (Heading and ss 38A–38P, 38R) inserted by No. 47/1998 s. 10 (as amended by No. 98/1998 ss 41(a), 42, 43)), amended[1], substituted as Part 2A (Headings and ss 38A-38ZZG) by No. 68/2017 s. 88.
In this Part—
S. 38A def. of access provider amended by No. 41/2019 s. 117(Sch. 1 item 10.1(a)).
access provider means any of the following persons if they provide, or are capable of providing, a declared rail transport service—
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an accredited person within the meaning of the Rail Safety National Law (Victoria);
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a rail infrastructure manager within the meaning of the Rail Safety National Law (Victoria) who is registered under Division 5 of Part 3 of that Law;
the Southern Cross Station Authority;
the Crown;
a related body corporate of a person referred to in paragraphs (a) to (e);
any other person declared by Order in Council under section 38D to be an access provider;
access regime dispute has the meaning given by section 38ZA;
S. 38A def. of access seeker substituted by No. 41/2019 s. 117(Sch. 1 item 10.1(b)).
access seeker means an accredited person within the meaning of the Rail Safety National Law (Victoria) who wants to be provided a declared rail transport service by an access provider;
capacity, in relation to a declared rail network, means the capability of the declared rail network, when used, to provide declared rail transport services;
declared rail network means the rail infrastructure used to provide declared rail transport services;
declared rail transport service means a rail transport service declared by an Order under section 38E;
independent panel means an independent panel constituted under section 38ZC;
operate has the meaning given by section 38B;
penalty provision means any of the following sections—
section 38ZJ(2);
section 38ZP(1);
section 38ZP(2);
principle of passenger priority means the principle set out in section 38G;
rail access agreement content order means an Order under section 38O;
rail access guidelines means guidelines prepared under section 38H and includes any amendment to guidelines prepared under that section;
S. 38A def. of rail transport operator substituted by No. 41/2019 s. 117(Sch. 1 item 10.1(c)).
rail transport operator has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);
rail transport service has the meaning given by section 38C;
specified maximum prices means prices specified under section 38J, 38K or 38M;
Statement of Freight Network Capability means a statement prepared under section 38P and includes any amendment to a statement prepared under that section;
S. 38A def. of user substituted by No. 41/2019 s. 117(Sch. 1 item 10.1(d)).
user means an accredited person within the meaning of the Rail Safety National Law (Victoria) who is provided a declared rail transport service by an access provider.
S. 38B substituted by No. 68/2017 s. 88.
A person operates rail infrastructure or tram infrastructure, or a rail network, for the purposes of this Part if the person—
owns or leases rail infrastructure or tram infrastructure, or a rail network, or has a right conferred by an Act or a contract to manage rail infrastructure or tram infrastructure, or a rail network; and
either—
operates, or appoints an agent or contractor to operate, the signalling, rolling stock control and communications facilities of the railway or tramway, as the case requires; or
carries out, or appoints an agent or contractor to carry out, on or around the railway or tramway (as the case requires), the construction, maintenance, repair or alteration of any of the rail infrastructure or tram infrastructure, or rail network.
S. 38C substituted by No. 68/2017 s. 88.
A rail transport service is a service provided, or that may be provided, by an access provider to any of the following entities by means of rail infrastructure or tram infrastructure owned or operated by that provider that enables the entity to provide freight services, passenger services or other transport services—
a user;
an access seeker;
a related body corporate of the access provider.
A rail transport service is also a service provided, or that may be provided, by an access provider to itself by means of rail infrastructure or tram infrastructure owned or operated by that provider that enables the provider to provide freight services, passenger services or other transport services.
Without limiting subsection (1) or (2), a rail transport service includes any of the following services—
the service of allowing a user to use rail infrastructure or tram infrastructure (as the case requires);
the service of assessing the capacity of a rail network owned or operated by the access provider;
the service of allocating the capacity of a rail network owned or operated by the access provider;
the service of allocating train paths;
the service of planning train services;
the service of scheduling train services;
the service of managing and controlling train services, including train traffic management;
the service of managing and controlling a rail network owned or operated by the access provider;
the service of maintaining a rail network owned or operated by the access provider;
the service of extending, enhancing or expanding a rail network owned or operated by the access provider;
any service that is ancillary to a service referred to in subsection (1) or (2), or this subsection.
S. 38D substituted by No. 68/2017 s. 88, amended by No. 30/2021 s. 91.
The Governor in Council on the recommendation of the Minister, by Order published in the Government Gazette, may declare a person who provides, or is capable of providing, a rail transport service (other than a person referred to in paragraphs (b) to (f) of the definition of access provider) to be an access provider.
S. 38E substituted by No. 68/2017 s. 88.
The Governor in Council on the recommendation of the Minister, by Order published in the Government Gazette, may declare a rail transport service to be a declared rail transport service for the purposes of this Part until the date (if any) for the expiry of the declaration specified in the Order.
An Order under subsection (1) must specify whether a rail transport service is a declared rail transport service in respect of passenger services, freight services or other transport services.
An Order under subsection (1) may—
specify that a rail transport service is a declared rail transport service in respect of a person named in the Order;
declare a rail transport service as a declared rail transport service by reference to—
the person who owns or operates the rail infrastructure used to provide the rail transport service; or
the location of the rail infrastructure used to provide the rail transport service; or
the type of rail infrastructure used to provide the rail transport service.
The Minister may only make a recommendation under subsection (1) if the Minister is satisfied that it is necessary to do so in the interests of competition or economic efficiency.
S. 38F substituted by No. 68/2017 s. 88.
The object of this Part is to regulate rail access in Victoria in the interests of competition and economic efficiency.
S. 38G substituted by No. 68/2017 s. 88.
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