Certificate of chief executive of recipient transport body
66MA Certificate of chief executive of recipient transport body
This section applies if—
a certificate has not been signed under section 66M that specifies a property, right or liability transferred under a Transfer Order; and
the transport body that transferred the property, right or liability under the Transfer Order has been abolished.
A certificate signed by the chief executive officer of a recipient transport body certifying that property or rights specified in the certificate have vested in, or liabilities specified in the certificate have become the liabilities of, the recipient transport body is, unless revoked under subsection (3), admissible as evidence and, in the absence of evidence to the contrary is proof—
that the property, rights or liabilities so specified are the property, rights and liabilities to which the Transfer Order applied; and
that the Transfer Order is a Transfer Order for the purposes of this Division.
If the Minister so directs the chief executive officer of the recipient transport body in writing, the chief executive officer must revoke a certificate given under subsection (2) by issuing another certificate in place of the first certificate.
The chief executive officer of the recipient transport body—
must keep a register of certificates issued under this section; and
must make the register reasonably available for inspection by any interested person.
If the recipient transport body is the Secretary on behalf of the Crown, a reference in this section to the chief executive officer of the recipient transport body is to be construed as a reference to the Secretary.
If the recipient transport body is the Head, Transport for Victoria, a reference in this section—
to a certificate signed by the chief executive officer of a recipient transport body is to be construed as a certificate to which the official seal of the Head, Transport for Victoria has been affixed; and
subject to paragraph (a), a reference to the chief executive officer of the recipient transport body is to be construed as a reference to the Head, Transport for Victoria.
In this section—
recipient transport body means the transport body to which a property, liability, right or transport project was transferred.
S. 66N inserted by No. 3/2017 s. 3.
This Act’s bill:Explanatory memorandumSecond reading speech
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