Definitions

Current

In this Act—

asset register means the Tourist and Heritage Rail Asset Register established under section 9;

custodian, of a rail asset, means the tourist and heritage railway operator that uses, controls or manages the asset;

description, of an asset, means a description of the asset that includes the following information—

(a)

the name of the asset;

(b)

the asset type;

(c)

the make and model of the asset;

(d)

the current condition of the asset relative to its original condition;

(e)

the serial number (if any) of the asset;

(f)

any other information prescribed by the regulations;

S. 3 def. of Director repealed by No. 61/2011 s. 25(Sch. 1 item 12.1(a)).

* * * * *

history, of an asset, includes the following information in relation to the asset—

(a)

the manufacturer of the asset;

(b)

the date the asset was manufactured;

(c)

details regarding the previous use of the asset;

(d)

if known, details of any maintenance, repairs or modifications carried out on the asset including who carried out and who funded the maintenance, repairs or modifications, as the case may be;

owned by the State means owned by or vested in a State entity;

person includes an unincorporated body or association and a partnership;

S. 3 def. of Public Transport Development Authority inserted by No. 61/2011 s. 25(Sch. 1 item 12.1(b)), repealed by No. 49/2019 s. 186(Sch. 4 item 41.1).

* * * * *

S. 3 def. of rail asset amended by No. 22/2013 s. 75(a).

rail asset means—

(a)

the following rail infrastructure—

(i)

structures and works associated with railway tracks (for example, cuttings, tunnels, bridges, stations, platforms, tram stops);

(ii)

over-track and under-track structures;

(iii)

signalling systems;

(iv)

rolling stock control systems;

(v)

communication systems, notices and signs;

(vi)

overhead electrical power supply systems;

(vii)

buildings, workshops and depots;

(viii)

plant, machinery and equipment;

(b)

rolling stock;

(c)

anything prescribed by the regulations to be a rail asset;

railway means a guided system designed for the movement of rolling stock that has the capability of transporting passengers on a railway track with a gauge of 600 mm or more, together with its associated infrastructure, and includes—

(a)

a heavy railway;

(b)

a light railway;

(c)

a tramway;

(d)

anything prescribed by the regulations to be a railway;

railway premises means any land or building used by a tourist and heritage railway operator in connection with the provision of historical and heritage related rail services but does not include residential premises;

registered operator means a tourist and heritage railway operator who is registered on the Tourist and Heritage Railway Group Register under Part 5;

Registrar means the Tourist and Heritage Railway Registrar appointed under section 6;

S. 3 def. of rolling stock inserted by No. 22/2013 s. 75(c), substituted by No. 41/2019 s. 117(Sch. 1 item 12.1(a)).

rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

S. 3 def. of State entity amended by Nos. 70/2013 s. 4(Sch. 2 item 50), 25/2025 s. 106(Sch. 1 item 46).

State entity means—

(a)

the State; or

(b)

the Secretary to the Department of Transport and Planning; or

(c)

a State owned enterprise within the meaning of the State Owned Enterprises Act 1992; or

(d)

a body corporate incorporated under an Act; or

(e)

a wholly owned subsidiary of an entity referred to in paragraph (c) or (d);

tourist and heritage rail asset means a rail asset used, controlled or managed by a tourist and heritage railway operator in connection with the provision of historical and heritage related rail services;

Tourist and Heritage Rail Asset Register means the register of tourist and heritage rail assets established under section 9;

Tourist and Heritage Railway Group Register means the register of tourist and heritage railway operators established under section 22;

S. 3 def. of tourist and heritage railway operator amended by Nos 22/2013 s. 75(b), 41/2019 s. 117(Sch. 1 item 12.1(b)).

tourist and heritage railway operator—

(a)

means a non-profit entity that—

(i)

provides historical and heritage related rail services; and

(ii)

provides those services primarily as a tourist activity and predominantly in Victoria; and

(iii)

is an accredited person within the meaning of the Rail Safety National Law (Victoria) or an entity which provides those services with rolling stock that is operated on behalf of the entity by an accredited person; but

(b)

does not include an entity that the regulations prescribe is not a tourist and heritage railway operator;

VicTrack means Victorian Rail Track established by section 8 of the Rail Corporations Act 1996 and continued under section 116 of the Transport Integration Act 2010.

Regulations

This provision refers to the regulations (prescribed by the regulations, the regulations). Made under this Act:

Tourist and Heritage Railways Regulations 2021 · under section 31

This Act’s bill:Explanatory memorandum Second reading speech

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3 Definitions