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) . . . . . . . . PART III - Powers and Duties of Commission 5. Powers of the Commission (1) The Commission has power, subject to any directions given to it by the Minister pursuant to section 7 – (a) to regulate and control all or any means of transport by road, water, or air within the State; (b) to enter into contracts with any persons for the carrying on, and maintenance, of transport services in this State; (c) to carry on as a commercial undertaking the manufacture, maintenance, repair, and sale of light engineering products; (ca) to enter into contracts for the provision by it or any persons appointed or employed pursuant to section 8 of professional, consulting, and technical services and for the sale or use of equipment on such terms and for such fees and charges as may be specified in those contracts; (d) to grant full or partial exemptions or rebates in any case, or in prescribed classes of cases, from or in respect of such payments or obligations (including payment of taxes levied in respect of motor vehicles) relating to transport as may be prescribed, and make such refunds and adjustments as may be necessary for that purpose; (da) to cancel any rebates or exemptions granted under paragraph (d) if they cease to be justified, or if prescribed circumstances apply, and make such adjustments and require such refunds and repayments as may be necessary for that purpose; (e) to take such steps and to do all such acts, matters, and things as it may think necessary or desirable for effecting the co-ordination of transport services, and the improvement of the means of, and facilities for, transport in this State; and (f) to do all things necessary or convenient to be done for or in connection with, or incidental to, the exercise of its powers or the performance of its functions under this Act or any other Act, except employ persons. (2) The Commission has power subject to any directions given to it by the Minister pursuant to section 7 to operate and conduct shipping services between places within this State and between this State and any other part of the Commonwealth. (3) . . . . . . . . (4) Notwithstanding subsection (1) , the Commission shall not acquire, initiate, or carry on any road transport service. (5) In addition to the powers conferred on it by subsection (1) , the Commission may, in the case of an emergency, subject to any directions given to it by the Minister pursuant to section 7 , enter into a contract with any person for the carrying on and maintenance, in a particular case and for the purpose of meeting a particular emergency, of any transport service between any place in this State and any other place in this State and between any place in this State and any place outside this State. 6. Functions of the Commission (1) The functions of the Commission are – (a) to devise, initiate, and carry out measures for the co-ordination, improvement, and economic operation, of the means of, and facilities for, transport in this State; (b) to ensure so far as is practicable the provision of transport services adequate to meet the requirements of the public; (c) to administer the Taxi and Hire Vehicle Industries Act 2008 and Traffic Act 1925 ; (ca) to administer such provisions of the Passenger Transport Services Act 2011 as may confer powers and functions on the Commission or relate to the exercise and performance of those powers and functions; and (d) to do anything incidental or conducive to the performance of any of the preceding functions. (2) . . . . . . . . 7. Commission subject to control of Minister (1) In the exercise of the powers conferred, and the performance of functions imposed, on the Commission by or under this Act or any other Act, the Commission shall be subject to the control of the Minister. (2) The Minister may, for the purpose of enabling him to exercise the control referred to in subsection (1) , from time to time give a direction in writing to the Commission and the Commission shall, subject to this section, exercise the powers conferred, and perform the functions imposed, on it by or under this Act or any other Act in accordance with any such direction. (3) The Commission is not bound by a direction given under subsection (2) unless the direction is in writing and signed by the Minister. (4) The power conferred on the Minister by subsection (2) – (a) shall not be exercised so as – (i) to require the Commission to do anything that it is not empowered to do by this Act or any other Act; (ii) to prevent the Commission from performing any function that it is expressly required by this Act or any other Act to perform, whether conditionally or unconditionally; or (iii) to interfere with the formation by the Commission of any opinion or belief in relation to any matter that has to be determined as a prerequisite to the performance or exercise by the Commission of any of its functions or powers under this Act or any other Act; and (b) does not extend to any matter concerning a contract or agreement to which the Commission is a party and which is in force at the date fixed by proclamation under section 2 (2) . (4A) . . . . . . . . (5) Where the Minister gives a direction under subsection (2) and the direction is not complied with, the Minister may cause a copy of the direction to be laid on the table of each House of Parliament within the first 15 sitting days of the House after the direction is given by him. (6) Subsection (2) does not authorise the Minister to give a direction with respect to the issue of a licence, ancillary certificate or other authorisation under the Vehicle and Traffic Act 1999 . 8. Appointment of employees (1) Subject to and in accordance with the State Service Act 2000 , such persons may be appointed or employed as are necessary for the exercise or discharge by the Commission of its powers and functions under this Act or any other Act. (2) The salaries, wages, and allowances payable to persons appointed or employed pursuant to subsection (1) shall be payable by the Commission out of its funds. (3) . . . . . . . . 8A. . . . . . . . . 9. . . . . . . . . 10. Delegation by Commission (1) The Commission may by instrument in writing delegate to a person specified in the instrument the performance or exercise of such of its functions and powers under this Act or any other Act (other than this power of delegation) as are specified in the instrument, and may, by instrument in writing, revoke wholly or in part any such delegation. (2) A function or power, the performance or exercise of which has been delegated under this section, may, while the delegation remains unrevoked, be performed or exercised from time to time in accordance with the terms of the delegation. (3) A delegation under this section may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers delegated, or as to time or circumstance, as are specified in the instrument. (4) Notwithstanding any delegation under this section, the Commission may continue to perform or exercise all or any of the functions or powers delegated. (5) Any act or thing done by or to a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done by or to the Commission and shall be deemed to have been done by or to the Commission. (6) An instrument purporting to be signed by a delegate of the Commission in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Commission under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Commission under this section. PART IV - . . . . . . . . 11. . . . . . . . . 11A. . . . . . . . . 12. . . . . . . . . 12A. . . . . . . . . 13. . . . . . . . . 14. . . . . . . . . 15. . . . . . . . . 15A. . . . . . . . . 16. . . . . . . . . 17. . . . . . . . . 18. . . . . . . . . 19. . . . . . . . . 20. . . . . . . . . 21. . . . . . . . . PART V - Advisory Committees 22. Power of Minister to establish advisory committees (1) The Minister may, from time to time, by instrument in writing, establish advisory committees under such names as he may specify, for the purpose of advising or assisting him with respect to – (a) matters affecting the administration of this Act; (ab) matters affecting the administration of any related Act, or Parts or provisions thereof, that may be for the time being administered by the Minister; (b) matters relating to transport planning and policy; (c) matters relating to transport or transport services; (d) matters relating to traffic management and road safety; and (e) such other matters relating to transport as the Minister may determine. (1A) . . . . . . . . (1B) . . . . . . . . (2) An advisory committee established under subsection (1) shall comprise such number of persons, holding such qualifications (if any), as the Minister may determine. (3) A member of an advisory committee – (a) shall – (i) be appointed by the Minister for such period as the Minister thinks fit; and (ii) hold and vacate office in accordance with the terms of his appointment or re-appointment; (b) may be removed from office by the Minister by notice in writing addressed and delivered to that member; and (c) may at any time resign his office by notice in writing addressed and delivered to the Minister. (4) A person who is a member of an advisory committee shall not, by virtue of being such a member, be regarded as being a State Service officer or State Service employee, but a State Service officer or State Service employee may hold office as a member of an advisory committee in conjunction with State Service employment. (5) The Minister shall appoint one of the members of an advisory committee to be its chairman and may, if he thinks fit, appoint another of those members to be its deputy chairman. (6) On the expiration of any period of appointment or re-appointment, a member of an advisory committee may be re-appointed for a further period. (7) If a member of an advisory committee is unable for any reason to carry out his duties as such a member for any period, the Minister may appoint a person who, in his opinion, is suitably qualified to act in place of that member during that period, and that person shall, for that period, be deemed to be a member of that advisory committee. (8) Each member of an advisory committee is entitled to receive such remuneration and allowances as may be prescribed or, if no such remuneration or allowances are for the time being prescribed, as may be determined by the Governor, but a member of an advisory committee who is a State Service officer or State Service employee is not entitled to receive remuneration under this subsection, and is not entitled to receive an allowance under this subsection if he has received an allowance in respect of the same matter by virtue of his being such an officer or employee. (9) The holding of office as a member of an advisory committee shall be deemed not to be the holding of an office of profit or emolument within the meaning of section 32 of the Constitution Act 1934 . (10) Notwithstanding subsection (9) , where a Member of Parliament holds office as a member of an advisory committee he is not entitled to receive any remuneration or allowances under this section as a member of an advisory committee except by way of remuneration for expenditure incurred by him in carrying out his functions as a member of an advisory committee. (11) Meetings of an advisory committee shall be held in accordance with such directions as may be given by the Minister. (12) The Minister may delegate to the chairman of an advisory committee any of the powers conferred on the Minister in respect of that committee. (13) Subject to any directions given by the Minister, an advisory committee may regulate its own procedure. (14) In this section – related Act means – (a) the Traffic Act 1925 ; and (b) the Passenger Transport Services Act 2011 ; and (c) the Taxi and Hire Vehicle Industries Act 2008 ; and (d) the Vehicle and Traffic Act 1999 . PART VA - . . . . . . . . 22A. . . . . . . . . 22B. . . . . . . . . 22C. . . . . . . . . 22D. . . . . . . . . 22E. . . . . . . . . 22F. . . . . . . . . PART VI - Miscellaneous 23. Police officers to assist Commission All police officers shall, subject to the control of the Commissioner for Police, aid and assist the Commission in the performance of its functions and the exercise of its powers under this Act. 24. By-laws relating to Commission, &c. (1) The Commission may make by-laws in relation to the Commission or any branch of the Commission. (2) By-laws made under subsection (1) are not statutory rules within the meaning of the Rules Publication Act 1953 . 25. Property of Commission exempt from taxes (1) The Commission shall, as against all persons, have and enjoy, subject to this Act, the rights, privileges, and immunities of the Crown in respect of its ownership and occupation of – (a) land occupied by it for administrative purposes under this Act; (b) jetties under its control and management; (c) aerodromes under its control; and (d) land acquired by it for – (i) occupation by it for administrative purposes under this Act; or (ii) an aerodrome – and not used for the purpose – but not in respect of any other land. (2) Nothing contained in subsection (1) shall prejudice or affect any rights, privileges, or immunities conferred, either expressly or by implication, on the Commission by any other provision of this Act in respect of any matters other than those to which that subsection relates. (3) Nothing contained in subsection (1) exempts the Commission from the payment of rates imposed under any law of the State. 26. . . . . . . . . 27. Regulations The Governor, on the recommendation of the Commission, may make regulations for the purposes of this Act. 28. Dissolution of Transport Commission (1) The Transport Commission constituted under the Transport Act 1938 is dissolved and, on and after the date fixed by proclamation under section 2 (2) , a reference in any Act to the Transport Commission constituted under that Act shall be read as a reference to the Transport Commission incorporated under this Act. (2) The provisions set out in Schedule 3 have effect. 28A. . . . . . . . . 29. Repeal of certain Acts The Acts specified in Schedule 4 are repealed. SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 - Transitional Provisions and Savings Section 28 1. Interpretation In this Schedule – former Commission means the Transport Commission constituted under the repealed Act ; proclaimed date means the date fixed by proclamation under section 2 (2) of this Act; repealed Act means the Transport Act 1938 . 2. Officers of former Commission (1) Every person who immediately before the proclaimed date is employed as an officer under section 8 of the repealed Act shall, on that date, become an officer appointed and employed under section 8 of this Act. (2) Subject to subclause (3) , where any person, being an officer employed under section 8 of the repealed Act , becomes an officer appointed and employed under section 8 of this Act by virtue of subclause (1) , that person shall – (a) be paid a salary or wage not less than the salary or wage payable to him immediately before the proclaimed date and be entitled to receive the same allowances as those to which he was entitled immediately before that date; (b) retain any rights that, immediately before the proclaimed date, have accrued or are accruing to him by virtue of his being an officer employed under section 8 of the repealed Act , including any rights accruing to him under the Superannuation Act 1938 or the Retirement Benefits Act 1970 ; (c) continue to contribute to any fund established under either of the Acts referred to in paragraph (b) that he was contributing to before that date; and (d) be entitled to receive any leave (including long-service leave) and any remuneration, pension, gratuity, or other payment – as if he had continued to be an officer employed under section 8 of the repealed Act and as if the former Commission had not been dissolved. (3) Where any term or condition of employment of a person who becomes an officer appointed and employed under section 8 of this Act by virtue of subclause (1) is, immediately before he so becomes an officer, regulated by an award or industrial agreement under or in accordance with any law in force in this State that relates to industrial relations, that term or condition shall continue to be so regulated until an award regulating that term or condition and binding on the Transport Commission incorporated under this Act is made by a competent tribunal or that term or condition is regulated by an industrial agreement to which that Commission is a party. 3. Transfer of property, &c. (1) Any estate or interest in land or other property and all rights, obligations, and liabilities of the former Commission that are subsisting immediately before the proclaimed date shall, on that date, be transferred to and vest in the Transport Commission incorporated under this Act. (2) On and after the proclaimed date – (a) any money, and any claim, whether liquidated or unliquidated which, immediately before that date, was payable to or recoverable by the former Commission shall be money, or a claim, payable to or recoverable by the Transport Commission incorporated under this Act; and (b) any debt due from, or money payable by, or any claim whether liquidated or unliquidated enforceable against, the former Commission immediately before that date shall be a debt due from, or money payable by or a claim enforceable against the Transport Commission incorporated under this Act. 4. Commissioner for Transport (1) The person holding office as Commissioner for Transport under the repealed Act immediately before the proclaimed date shall, on that date, be deemed to have been appointed as Commissioner for Transport under this Act and he shall, subject to this Act, hold office for the remainder of the period specified in the instrument of his appointment under the repealed Act . (2) All acts, matters, and things done or omitted to be done before the proclaimed date by, or done or suffered before that date in relation to, the Commissioner for Transport appointed under the repealed Act shall, on and after that date, have the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Commissioner for Transport appointed under this Act. 5. Approvals Any approval given by the former Commission under the repealed Act shall be deemed to have been given by the Transport Commission incorporated under this Act. 6. Effect of certain documents, &c., purporting to be signed by employees of former Commission A document or certificate purporting to be signed by any one or more members of the former Commission and countersigned by the secretary of the former Commission for the purposes of proceedings under the Traffic Act 1925 shall, where those proceedings are heard or continued after that commencement, be deemed to be a document purporting to have been signed by the secretary of the Transport Commission incorporated under this Act. 7. Committees established by Minister (1) Any prescribed committee established by the Minister before the proclaimed date and in existence immediately before that date shall be deemed to have been established under section 22 of this Act. (2) For the purposes of subclause (1) , prescribed committee means a committee established by the Minister for the purpose of advising or assisting him with respect to – (a) matters relating to transport planning and policy; or (b) matters relating to transport or transport services. 8. References to former Commission in documents, &c. A reference to the former Commission in any regulation, rule, by-law, order, certificate, notice, or other document shall, if that regulation, rule, by-law, order, certificate, notice, or other document was subsisting or in force immediately before the proclaimed date, be read after that date as a reference to the Transport Commission incorporated under this Act, and that regulation, rule, by-law, order, certificate, notice, or other document shall be construed and have effect accordingly. 9. Accounts opened by former Commission Any account opened with a bank by the former Commission pursuant to section 18 of the repealed Act and in existence at the proclaimed date shall, on that date, be deemed to be an account established under section 11 of this Act by the Transport Commission incorporated under this Act. 10. Application for advance by former Commission Any application for an advance made by the former Commission pursuant to section 20A of the repealed Act that has not been finally dealt with immediately before the proclaimed date shall, on that date, be deemed to have been made pursuant to section 13 of this Act by the Transport Commission incorporated under this Act. 11. Advances and payments made to former Commission Any advance made pursuant to section 20A of the repealed Act , or any payment made pursuant to section 23 of that Act , made to the former Commission by the Treasurer shall, on that date, be deemed to have been made to the Transport Commission incorporated under this Act. 12. Investments made by former Commission Any investment made before the proclaimed date by the former Commission pursuant to section 21 of the repealed Act shall, on that date, be deemed to have been made by the Transport Commission incorporated under this Act. 13. Requisition made to Treasurer by former Commission Any requisition made to the Treasurer by the former Commission pursuant to section 23 of the repealed Act that has not been finally dealt with immediately before the proclaimed date shall, on that date, be deemed to have been made pursuant to section 15 of this Act by the Transport Commission incorporated under this Act. 14. Money paid to State Sinking Fund Commissioners by former Commission Any money paid before the proclaimed date by the former Commission to the State Sinking Fund Commissioners pursuant to section 25 of the repealed Act shall, on that date, be deemed to be money paid to the Board of Commissioners of the State Sinking Fund by the Transport Commission incorporated under this Act. 15. Accounts and statements Sections 18 and 20 apply with respect to the preparation of accounts and statements referred to in those sections, and with respect to the audit of any such statements and accounts, as if the Transport Commission incorporated under this Act had had responsibility for the administration of the repealed Act for the portion of that period in which the Transport Commission was not so incorporated. 16. Reports of operation, business, and affairs of Transport Commission Section 26 applies with respect to the preparation of a report of the operation, business, and affairs of the Transport Commission incorporated under this Act for the period of 12 months ending on 30th June 1981 as if that Commission had had responsibility for the administration of the repealed Act for the portion of that period in which the Transport Commission was not so incorporated. 17. Directions issued by former Commission Any directions issued by the former Commission to an authority under section 59 of the Traffic Act 1925 and in force at the commencement of this Act shall be deemed to have been issued by the Transport Commission incorporated under this Act. 18. Traffic signs supplied by former Commission Any prescribed traffic sign supplied by the former Commission to an authority under section 59 of the Traffic Act 1925 shall be deemed to have been supplied by the Transport Commission incorporated under this Act. 19. Notices given by former Commission Any notice to an owner of land given by the former Commission under section 60 of the Traffic Act 1925 and in force at the commencement of this Act shall be deemed to have been given by the Transport Commission incorporated under this Act. 20. Applications to former Commission Any application made to the former Commission under the Traffic Act 1925 that has not been finally determined immediately before the proclaimed date shall, on that date, be deemed to have been made to the Transport Commission incorporated under this Act. 21. Continuation of proceedings Any legal or other proceedings that might, before the proclaimed date, have been continued or instituted by or against the former Commission may, on and after that date, be continued or instituted by or against the Transport Commission incorporated under this Act. 22. Contracts, agreements, &c. Any contract, agreement, arrangement, or undertaking entered into by the former Commission shall, if not executed, discharged, or otherwise terminated before the proclaimed date, be deemed to be a contract, agreement, arrangement, or undertaking entered into with the Transport Commission incorporated under this Act. 23. Acts, &c., done by or to former Commission before proclaimed date All acts, matters, and things done or omitted to be done by, or done or suffered in relation to, the former Commission before the proclaimed date shall, on and after that date, have the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Transport Commission incorporated under this Act. 24. General provisions with respect to certain acts, &c., done by former Commission Without limiting the generality of clause 23 – (a) any licence granted, issued, renewed, or transferred by the former Commission and in force at the proclaimed date shall be deemed to have been granted, issued, renewed, or transferred, as the case may be, by the Transport Commission incorporated under this Act; (b) any refusal to issue, renew, or transfer a licence, or any cancellation of a licence, by the former Commission shall be deemed to be a refusal or cancellation, as the case may be, by the Transport Commission incorporated under this Act; (c) any conditions or restrictions imposed by the former Commission in respect of any licences or permits and in force at the proclaimed date shall be deemed to have been imposed by the Transport Commission incorporated under this Act; (d) any variation of the conditions or restrictions made by the former Commission in respect of any licence in force at the proclaimed date shall be deemed to have been made by the Transport Commission incorporated under this Act; (e) any notice or other document or any information given, supplied, or furnished to the former Commission before the proclaimed date shall be deemed to have been given, supplied, or furnished to the Transport Commission incorporated under this Act; (f) any exemption granted, or any permit granted and issued under section 20 of the Traffic Act 1925 , by the former Commission and in force at the proclaimed date shall be deemed to have been granted or issued by the Transport Commission incorporated under this Act; (g) any notice published in the Gazette by the former Commission and in force at the proclaimed date shall be deemed to have been published by the Transport Commission incorporated under this Act; (h) any order published in a newspaper by the former Commission and in force at the commencement of this Act shall be deemed to have been published by the Transport Commission incorporated under this Act; (i) any notice or regulation which the former Commission caused to be affixed to or posted up on any building, post, or other structure or erection pursuant to section 48 of the Traffic Act 1925 shall be deemed to have been caused to be affixed or posted by the Transport Commission incorporated under this Act; (j) any posts, standards, domes, studs, or other contrivances erected or installed in public streets or any markings made in or on the surface of a public street by the former Commission shall be deemed to have been erected, installed, or made, as the case may be, by the Transport Commission incorporated under this Act; and (k) any authorization given by, determination made by, directions given by, or requirements made by, the former Commission and in force at the proclaimed date shall be deemed to have been given or made, as the case may be, by the Transport Commission incorporated under this Act. 25. Surveys undertaken by former Commission Any survey undertaken by the former Commission or any public inquiry held by the former Commission and not finally completed at the proclaimed date shall be continued by the Transport Commission incorporated under this Act as if it had been undertaken or held by the latter Commission. SCHEDULE 4 - Acts repealed Section 29 Year and number of Act Short title of Act 2 & 3 Geo. VI No. 70 Transport Act 1938 11 & 12 Geo. VI No. 86 Transport Act 1947 No. 30 of 1956 Transport Act 1956 No. 30 of 1961 Transport Act 1961 No. 33 of 1964 Transport Act 1964 No. 8 of 1968 Transport Act 1968 No. 15 of 1970 Transport Act 1970 No. 47 of 1972 Transport Act 1972 No. 43 of 1973 Transport Act 1973 No. 45 of 1973 Transport Act (No. 2) 1973 No. 20 of 1978 Transport Act 1978