1Short title
This Act may be cited as the Transport Co‑ordination Act 1966.
[Section 1 amended: No. 64 of 1970 s. 1(3); No. 93 of 1979 s. 1(3); No. 54 of 1985 s. 5.]
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This Act may be cited as the Transport Co‑ordination Act 1966.
[Section 1 amended: No. 64 of 1970 s. 1(3); No. 93 of 1979 s. 1(3); No. 54 of 1985 s. 5.]
This Act shall come into operation on the date on which the State Transport Co‑ordination Act 1966 2, comes into operation.
The objects of this Act are —
to provide for the co‑ordination of the resources used for the provision of transport services for the people of this State and for the development of this State;
to ensure that the people of this State are provided, as far as is practicable, with reliable, efficient and economic transport services;
to provide for the rationalisation and control of transport services by means of licensing and other measures wherever such measures contribute to the provision of reliable, efficient and economic transport services;
to provide for the reduction or elimination of controls imposed under this Act wherever practicable to ensure that transport services provided are reliable, efficient and economic for the people of this State;
to facilitate the formulation of policies relating to the provision of transport services.
[Section 3 inserted: No. 54 of 1985 s. 6.]
In this Act, unless the contrary intention appears —
commercial goods vehicle means a vehicle, other than a vehicle propelled by animal or human power, only, operating or used or intended to be used, on roads or streets for the transport of goods and includes any such vehicle so used or operated or used or intended to be used by or on behalf of the Crown for the carriage of goods for hire or reward and whether in connection with a railway or not;
Department means the department of the Public Service of the State principally assisting the Minister with the administration of this Act;
Director General means the chief executive officer of the Department;
ferry means a vessel, including a hovercraft, used or intended to be used to carry passengers for hire or reward and includes any such vessel so used or intended to be used by or on behalf of the Crown, or an agency of the Crown;
goods means chattels of every description;
gross weight, in relation to a commercial goods vehicle, means the sum of the unladen weight of the vehicle and the load that it is authorised, by its licence under this Act, to carry;
licence means a licence or permit issued under this Act and for the time being in force, and the verb to license has a corresponding meaning;
Ministerial Body means the Transport Co‑ordination Ministerial Body established by section 6;
officer means an officer of the Department and includes a member of the Police Force, or any other person acting in pursuance of powers or duties conferred on him under this Act and any person employed or engaged under this Act;
operate, as applied to a vehicle, means to carry, or offer or agree to carry, or to be responsible for arranging the carriage of, passengers or goods for hire or for any consideration, or in the course of or in connection with any trade or business whatever, and cognate expressions shall be construed accordingly;
owner, in relation to a vehicle, includes every person who —
is the owner or a co‑owner of the vehicle;
is the purchaser or hirer of the vehicle under a contract that for the purposes of the Credit Act 1984 is a credit sale contract to which that Act applies or who is the debtor under an agreement that pursuant to that Act is deemed to be a credit sale contract to which that Act applies;
is the purchaser or hirer of a vehicle under a contract that for the purposes of the National Credit Code (Commonwealth) is a credit contract, or is to be regarded as a credit contract, to which that Code applies;
has the use of the vehicle under a hiring, lease or hire‑purchase agreement,
but does not include an unpaid vendor of the vehicle under a hire‑purchase agreement;
permit means a permit issued under this Act and for the time being in force;
public vehicle means any vehicle that is required to be licensed under this Act;
railway means a railway within the meaning of the Government Railways Act 1904;
road includes any street or place open to or used by the public, and all bridges and culverts and other things appurtenant thereto and used in connection therewith;
Schedule means a schedule to this Act;
section means a section of this Act;
transport service means any service for the carriage of passengers or goods, whether by road, rail, air, or water;
vehicle means a vehicle propelled by any means, other than animal or human power, and includes an aircraft and a vessel, but does not include a vehicle used on a railway.
For the purposes of this Act, a trailer and a semi‑trailer is a vehicle separate from, and is deemed to be driven by the driver of, the vehicle by which it is drawn.
For the purposes of this Act, a vehicle which draws a semi‑trailer or a trailer which is operating is itself operating.
[(3), (4) deleted]
[Section 4 3 amended: No. 94 of 1972 s. 4(1); No. 51 of 1975 s. 4; No. 93 of 1979 s. 4; No. 47 of 1980 s. 4; No. 48 of 1980 s. 3; No. 8 of 1981 s. 3; No. 106 of 1981 s. 25; No. 102 of 1984 s. 18; No. 30 of 1985 s. 3; No. 54 of 1985 s. 7; No. 115 of 1987 s. 4; No. 64 of 1994 s. 4; No. 14 of 1996 s. 4; No. 30 of 1996 s. 13; No. 57 of 1997 s. 122(1); No. 7 of 2002 s. 37; No. 14 of 2010 s. 14; No. 17 of 2014 s. 42; No. 26 of 2018 s. 335.]
This Act shall be construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed the legislative power of the State, to the intent that, where any provision hereof would, but for this section, be construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.
The Transport Co‑ordination Ministerial Body is established.
The Ministerial Body is a body corporate with perpetual succession.
Proceedings may be taken by or against the Ministerial Body in its corporate name.
The Ministerial Body is to be governed by the Minister.
The Ministerial Body is an agent of the State and has the status, immunities, and privileges of the State.
[Section 6 inserted: No. 7 of 2002 s. 39.]
The Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister’s functions under this Act that can more conveniently be performed by a body corporate than an individual.
Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the Ministerial Body, the Ministerial Body and those officers are not an organisation for the purposes of that Act.
[Section 6A inserted: No. 7 of 2002 s. 39.]
The Ministerial Body is to have a common seal.
A document is duly executed by the Ministerial Body if —
the common seal of the Ministerial Body is affixed to it in accordance with subsections (3) and (4); or
it is signed on behalf of the Ministerial Body by the Minister; or
it is signed on behalf of the Ministerial Body, as authorised under subsection (5), by the Director General or another person.
The common seal of the Ministerial Body is not to be affixed to a document except as authorised by the Ministerial Body.
The common seal of the Ministerial Body is to be affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed.
The Ministerial Body may, by writing under its seal, authorise the Director General or another person to sign documents on behalf of the Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation.
A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.
A document executed by the Director General or another person under this section without the common seal of the Ministerial Body is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5).
When a document is produced bearing a seal purporting to be the common seal of the Ministerial Body, it is to be presumed that the seal is the common seal of the Ministerial Body until the contrary is shown.
For the purposes of this Act, a facsimile of —
the Ministerial Body’s seal; or
the signature of the Minister or a person authorised under subsection (5) to execute deeds or other documents,
may be used, and a deed or other document purporting to be endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection.
[Section 7 inserted: No. 7 of 2002 s. 39.]
7A. Minister may join etc. body with objects related to transport etc.
Subject to this Act the Minister may —
become a member of or shareholder in; and
contribute funds to,
any body whether incorporated or not (in this section referred to as the body) which —
has its principal office within the Commonwealth; and
has among its principal objects the carrying out of research, investigations, inquiries or studies into the improvement of transport or transport safety, or both, within the Commonwealth.
The Minister may be represented on the body by any officer of the Department authorised in that behalf in writing by the Minister.
The Minister may —
take part in any activities of the body; and
carry out any function, investigation and research for or on behalf of the body either alone or in association with any other person appointed by the body; and
contribute to the cost of any activity carried on by the body or by any person on its behalf.
[Section 7A inserted: No. 54 of 1985 s. 11; amended: No. 7 of 2002 s. 40.]
The Minister may, by instrument in writing, establish such number of Transport Strategy Committees as appear to him from time to time to be desirable for the purposes of this Act.
The function of a Transport Strategy Committee shall be to advise the Minister with respect to such matters relating to transport policy as are specified in the instrument by which the Committee is established.
Subject to subsection (4), a Transport Strategy Committee shall continue in existence for such period as may be specified in the instrument by which it is established or if no such period is specified for such period as the Committee requires to complete its functions.
The Minister may at any time by instrument in writing vary or revoke an instrument made under subsection (1).
The Minister may appoint such persons as he thinks fit to be members of a Transport Strategy Committee and may at any time remove a member of a Committee.
A member of a Transport Strategy Committee may resign at any time by notice in writing delivered to the Minister.
The Director General, or an officer of the Department nominated by him, shall be the chairman and a member of every Transport Strategy Committee.
The Director General shall provide to every Transport Strategy Committee such support services as the Committee may reasonably require to enable it to perform its functions.
Where it is determined by the Minister that a member of a Transport Strategy Committee shall be entitled to remuneration or to any travelling or other allowance, it shall be fixed by the Minister on the recommendation of the Public Sector Commissioner.
Subject to any directions which may have been given in writing by the Minister, a Transport Strategy Committee may regulate its own procedure.
[Section 7B inserted: No. 54 of 1985 s. 11; amended: No. 39 of 2010 s. 89.]
A person who discloses any information or opinion that has been furnished to or obtained by a Transport Strategy Committee in confidence commits an offence unless the disclosure is made —
with the consent of the person providing the information or expressing the opinion; or
in connection with the administration of this Act and with the prior permission of the Director General.
Penalty: $200.
[Section 7C inserted: No. 54 of 1985 s. 11.]
[7D. Deleted: No. 7 of 2002 s. 41.]
The Director General may, for the purposes of assisting in carrying out the provisions of this Act —
with the consent of a public authority, use the services of a person employed by the public authority; or
with the consent of the officer’s employing authority, use the services of an officer of the Public Service.
In subsection (1) —
employing authority has the same meaning as it has in the Public Sector Management Act 1994;
public authority means any State instrumentality or agency or any public statutory body, whether incorporated or not, established by or under a law of the State.
This section does not prevent the operation of section 66 or 100, or any other provision, of the Public Sector Management Act 1994.
[Section 8 inserted: No. 7 of 2002 s. 42.]
The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of departments apply to and in respect of the Department and its operations.
[Section 9 inserted: No. 4 of 1986 s. 4; amended: No. 77 of 2006 Sch. 1 cl. 169.]
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