Transport Act 1981 (Tas)

Transport Act 1981

An Act to provide for the constitution of a transport authority for the purposes of co-ordinating, improving, regulating, and controlling certain transport services in this State and for related purposes and to repeal the Transport Act 1938 [Royal Assent 6 May 1981]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1. Short title This Act may be cited as the Transport Act 1981 .

2. Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided in subsection (1) , this Act shall commence on a date to be fixed by proclamation.

3. Interpretation (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires – Commission means the Transport Commission incorporated under section 4 ; Commissioner means the Commissioner for Transport appointed under section 4 ; functions includes duties; motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ; prescribed branch means a branch of the Commission which the Treasurer declares to be a prescribed branch; vehicle has the same meaning as it has in the Traffic Act 1925 . (2) The Treasurer may, by order published in the Gazette, declare a branch of the Commission that the Treasurer considers is undertaking, or able to undertake, a trading activity to be a prescribed branch. (3) An order under subsection (2) shall specify the trading activities that the prescribed branch is to undertake.

PART II - Transport Commission

4. Appointment and incorporation of Commissioner (1) The Governor may, subject to this Act, appoint a State Service officer or State Service employee to be Commissioner for Transport who is, by this subsection, incorporated as a corporation sole with the corporate name "Transport Commission". (1A) The person holding office as Commissioner for Transport shall hold that office in conjunction with State Service employment. (2) The Commission – (a) has perpetual succession; (b) shall have an official seal; (c) may take proceedings, and be proceeded against, in its corporate name; (d) may, subject to this Act, purchase, exchange, take on lease, hold, hire, dispose of by way of lease or sale, and otherwise deal with property both real and personal; (e) may do and be subject to all other things that corporations may, by law, do and be subject to and that are necessary for or incidental to the purposes for which it is incorporated; and (f) has the functions imposed, and the powers conferred, on it by or under this or any other Act. (3) All courts, judges, and persons acting judicially shall take judicial notice of the official seal of the Commission that has been affixed to a document and shall, unless the contrary is proved, presume that the seal was properly affixed. (4) . . . . . . . .