Powers of a Transport Corporation

In force

(1)

A Transport Corporation has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the object of the Transport Corporation and the performance of its functions.

(2)

Without limiting the generality of subsection (1), a Transport Corporation may—

(a)

enter into any agreement or contract;

(b)

enter into any lease or licence;

(c)

participate in the formation of a corporation, trust, partnership or other body;

(d)

subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation;

(e)

become a member of a company limited by guarantee;

(f)

subscribe for or otherwise acquire, and hold and dispose of, units in a trust;

(g)

acquire, and hold and dispose of, an interest in a partnership or other body;

(h)

enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the Transport Corporation;

S. 152(2)(i) amended by No. 18/2020 s. 156(4).

(i)

make any land or other property vested in or managed by the Transport Corporation or any person employed by the Transport Corporation available for use or engagement by any other person;

(j)

engage in any business, undertaking or activity incidental to the performance of its functions;

(k)

engage consultants, contractors or agents;

(l)

act as trustee;

(m)

act as an agent of another person.

(3)

Despite subsections (1) and (2), a Transport Corporation must not, without the written approval of the Minister—

(a)

form, or participate in the formation of, or be a member of, or hold shares in, a company that carries out the functions of a public transport industry ombudsman; or

(b)

enter into an agreement with respect to participating in a public transport industry ombudsman scheme.

S. 152(4) amended by No. 3/2017 s. 41(1), substituted by No. 49/2019 s. 90.

(4)

Without limiting the generality of subsection (1), a Transport Corporation may exercise the powers conferred on the Transport Corporation by or under this Act or any other Act.

S. 152(4A) inserted by No. 3/2017 s. 41(2).

(4A)

Despite subsection (2)(c), a Transport Corporation cannot in relation to the provision of regional transport services participate in the formation of a corporation without the consent of the Premier, the Treasurer and the Minister.

(5)

The generality of this section is not limited by any other provision of this Act or any other Act which confers a power on a Transport Corporation.

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

152 Powers of a Transport Corporation