Metropolitan Transport Act 1954
An Act to constitute a Metropolitan Transport Trust and prescribe its powers, functions, and duties, and to provide for the vesting in the Trust of certain tramway undertakings, and for the transfer to the Trust of certain property, rights, and liabilities relating to those undertakings, and for matters incidental thereto
[Royal Assent 21 December 1954]
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
This Act may be cited as the Metropolitan Transport Act 1954 .
[Section 2 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 2 Subsection (1) amended by No. 53 of 1980, s. 4 ][Section 2 Subsection (1) amended by No. 31 of 1985, s. 3 and Sched. 1 ][Section 2 Subsection (1) amended by No. 40 of 1988, s. 4 ][Section 2 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 2 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 2 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ](1) [Section 2 Subsection (1) amended by No. 40 of 1961, s. 2 ]In this Act, unless the contrary intention appears –by-laws means by-laws made and in force under section 52 ;Hobart metropolitan area means the area situated within a radius of 22 kilometres from the general post office at Hobart;Launceston metropolitan area means –(a) the city of Launceston as existing on 7 May 1985; and(b) any parts of the municipal areas of St Leonards and Lilydale as existing on 7 May 1985 and being within 12 kilometres from the principal post office at Launceston; and(c) any parts of the municipal areas of West Tamar, Meander Valley and Northern Midlands within 12 kilometres from that post office;liability includes an obligation;metropolitan area means –or both of those areas, according to the context;(a) the Hobart metropolitan area; or(b) the Launceston metropolitan area –municipal corporation means –(a) the Hobart City Council; and(b) the Launceston City Council; and(c) for the purposes of Division III of Part II , any council within the meaning of the Local Government Act 1993 ;principal loan means the sum that is debited to the Trust in the books of the Treasury pursuant to section 31 ;property offence means an offence under section 51 (1) or (2) (a) ;tram includes a rail-less tram or trolley-bus;tramway undertaking includes all trams, motor vehicles, rolling stock, works, buildings, lands, and property of any description used or held for the purposes of, or in connection with, the carrying on of a tramway undertaking;Trust means the Metropolitan Transport Trust constituted under this Act;vesting date, used in relation to the tramway undertaking of a municipal corporation, means the date specified in an order under section 27 as the date on which the undertaking vests in the Trust.(2) Without prejudice to the generality of the provisions of the Rules Publication Act 1953 –is a statutory rule within the meaning of the first-mentioned Act.(a) a notice under –(i) subsection (5) of section 26 of this Act; or(ii) subsection (2) of section 29 of this Act; and(b) an order under –(i) section 27 of this Act;(ii) paragraph (a) of subsection (2) of section 34 of this Act; or(iii) subsection (6) of section 44 of this Act –
PART II - The Metropolitan Transport Trust
Division I - Constitution, incorporation, and proceedings of the Trust
3. The Metropolitan Transport Trust
[Section 3 Amended by No. 52 of 1995, s. 3 and Sched. 1 ]There shall be established the Metropolitan Transport Trust.[Section 4 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 5 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 6 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 7 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .
Division II - . . . . . . . .[Part II, Div. II, Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division III - Powers and duties of the Trust
12. General powers and duties of the Trust
[Section 12 Amended by No. 55 of 1955, s. 3 ][Section 12 Subsection (1) amended by No. 24 of 1993, s. 3 and Sched. 1 ][Section 12 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 12 Subsection (1) amended by No. 18 of 1959, s. 4 ][Section 12 Subsection (1) amended by No. 55 of 1955, s. 3 ][Section 12 Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(1) [Section 12 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ]Subject to this Division, the Trust may –(a) carry on, operate, maintain, and manage tramway undertakings and other undertakings for the transport of passengers by road within the metropolitan areas;(ab) carry on, operate, maintain, and manage, elsewhere than within a metropolitan area, such services for the transport of passengers by road as are specified in the second schedule ;(b) purchase, construct, make, set up, maintain, alter, renew, remove, and replace all such trams, motor vehicles, and works as it may think necessary for the efficient working of any of its tramway undertakings or other undertakings carried on by it for the transport of passengers by road or for providing access to any premises or works connected therewith;(c) break up, open, and alter the surface or level of any street or road within a metropolitan area;(d) temporarily stop traffic upon any street or road within a metropolitan area;(e) place, erect, lay down, work, and maintain in, over, or under any street or road within a metropolitan area, and, with the consent of the owner and occupier thereof, attach to any building, any apparatus or thing that, in the opinion of the Trust is necessary or expedient in connection with the transmission or use of electrical energy required for the efficient working of its tramway undertaking, and at any time repair, renew, remove, or replace any apparatus or thing so attached to any building;(f) make openings, ways, and subways in, on, or under any street or road within a metropolitan area, with openings and ways into them;(g) open, break up, and alter the positions of sewers, drains, tunnels, gaspipes, or waterpipes in or under any street or road within a metropolitan area;(h) extend or vary any tramway that is constructed, carried on, operated, maintained, or managed, by the Trust in pursuance of this Act;(i) acquire any land that, in the opinion of the Trust, it is necessary or convenient to acquire for any of the purposes of this Act, not being –(i) land of the Crown; or(ii) land that is owned by, or is vested by or under any Act for any public purpose in, a municipal corporation;(j) pay subsidies to the owners of motor vehicles in order to provide services within the metropolitan areas; and(k) . . . . . . . .(l) . . . . . . . .(m) . . . . . . . .(n) . . . . . . . .(o) take such steps and do such acts 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, the transport by road of passengers and goods within the metropolitan areas.(p) . . . . . . . .(2) [Section 12 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]It is the general duty of the Trust so to exercise its powers and functions under this Act or the Government Business Enterprises Act 1995 as to provide, or secure or promote the provision of, an efficient, adequate, and economical, and a properly integrated, system of public transport by road within the metropolitan areas.(3) [Section 12 Subsection (3) omitted by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(4) [Section 12 Subsection (4) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Trust shall not construct, or cause to be constructed, or contract for the construction of, a tramway along a State highway, or commence or carry out any works, or cause any works to be commenced or carried out, on a State highway.(5) The Trust shall so construct and maintain its tramways as to comply in all respects with all decisions of a municipal corporation with respect to the alignment of streets or roads that are under the control, management, or jurisdiction of the corporation.(6) [Section 12 Subsection (6) substituted by No. 24 of 1993, s. 3 and Sched. 1 ]The Land Acquisition Act 1993 applies in relation to the acquisition of land, and the land acquired, by the Trust under subsection (1) (i) .
13. Conditions to be observed by Trust when breaking up, &c., streets and roads
(1) Before breaking up, opening, or altering the level of any street or road within a metropolitan area (whether the breaking up, opening, or alteration is proposed to be done by the Trust or by a contractor on behalf of the Trust) the Trust shall give to the road authority, or to some officer of the road authority, three days' notice in writing of the intention of the Trust or its contractor so to do.(2) Except in case of emergency, a notice under this section shall specify a date, time, and place at which the road authority, or its officer, may meet a member or officer of the Trust in order to agree upon the manner in which the proposed work is to be carried out.(3) If the persons who confer pursuant to subsection (2) of this section fail to agree upon the manner in which the work is to be carried out, the question shall be referred to an engineer appointed by the Governor as referee, who shall determine the question and direct how and by whom the costs of the reference shall be paid.(4) The decision of a referee on the determination of a question under this section is final and binding on the Trust and the road authority.(5) A street or road shall not be broken up or opened, or the level of a street or road altered, by or on behalf of the Trust, except under the superintendence of the road authority or some officer of the road authority on its behalf, unless the road authority or some officer on its behalf fails to –(a) attend and confer pursuant to subsection (2) of this section; or(b) superintend the work.(6) If the Trust or its contractor breaks up or opens the soil or pavement of any street or road or any sewer, drain, or tunnel, the Trust or its contractor shall, with all convenient speed, complete the work for which it was broken up, and fill in the ground, and reinstate and make good the street or road, or the sewer, drain, or tunnel, so broken up or opened, and carry away the rubbish occasioned thereby.(7) The Trust or its contractor shall, at all times while any street or road is broken up or opened, cause it to be fenced and guarded, and a light sufficient for the warning of the public to be set up and kept there throughout every night during which the street or road continues broken up or opened.(8) In this section, road authority means the municipal corporation or other person (including the Crown) in which or in whom the street or road, or the control or management thereof, is vested.
(1) Subject to the provisions of the Railway Management Act 1935 , the Trust may, for the purposes of this Act, cause its tramways to cross or connect with any State railway or private railway, or with other tramways, for any necessary purpose relating to the carrying on of a tramway undertaking of the Trust.(2) Nothing in this section authorizes the Trust unnecessarily to interfere with any State railway or to prevent any State railway from crossing any tramway of the Trust wherever the Transport Commission requires.[Section12A Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]
15. Execution of work on bridges
[Section 15 Amended by No. 5 of 1990, s. 3 and Sched. 1 ]Where any bridge over which a tramway of the Trust is laid is vested in the Crown, any work that the Trust is authorized to execute and that in any way affects or interferes with the structural work of that bridge, shall be executed at the cost of the Trust under the superintendence and to the satisfaction of the Secretary of the responsible Department in relation to the Roads and Jetties Act 1935 unless, after notice of the intention of the Trust to execute the work is given to the Secretary three days at least before the work is commenced, that superintendence is declined or withheld.
16. Repair of part of street, &c., where tramway is laid
(1) The Trust shall, at its own expense, maintain and keep in good condition and repair at all times so much of the surface of any street or road whereon any tramway belonging to the Trust is laid as lies between the rails of the tramway, and so much of the road as extends eighteen inches beyond the rails of, and on each side of, the tramway.(2) Notwithstanding the provisions of subsection (1) of this section, a municipal corporation (or the Crown or other person in the case of a bridge not vested in the municipal corporation) shall maintain and keep in good condition and repair the structure and foundation beneath the metal placed by the Trust beneath the sleepers.(3) The Trust is not required to maintain, repair, or keep in order any street or road by reason of the running thereon of any rail-less tram or trolley-bus.
17. Power of Trust to move pipes and other fixtures
(1) For the purpose of preventing frequent interruptions to traffic by reason of repairs or other works in relation to any water, electric, or gas service, the Trust may, at any time, alter the position of any fixtures installed or used in or under any street or road within a metropolitan area for the purposes of that service.(2) The following provisions apply to the carrying out of any work for the alteration of the position of any fixtures referred to in subsection (1) of this section, namely:(a) The Trust shall, before laying down or constructing, or causing to be laid down or constructed, any tramway or tram route in any street or road in which any fixtures not the property of the Trust are installed or used, whether or not it is proposed to alter the position of the fixtures –the proposed work three days at least before it is commenced;(i) give to the person owning or in control of the fixtures (in this section referred to as "the owner") notice in writing of its intention to lay down or construct; and(ii) deliver to the owner a specification of –(b) If the owner considers that the proposed work will endanger any of his fixtures or interfere with or impede the supply of water, electricity, or gas, he may give to the Trust notice in writing to alter the position of the fixtures in such manner as he may think necessary;(c) Subject to subsection (3) of this section, the Trust –(i) shall carry out the alteration with as little detriment or inconvenience to the owner and to the inhabitants of the locality as the circumstances permit;(ii) shall give to the owner forty-eight hours' notice of the commencement of the work, and cause the work to be carried out under the superintendence of the owner or his surveyor or engineer unless, after receiving that notice, the owner fails to avail himself of this provision; and(iii) shall not remove any fixtures or do anything that will, or is likely to, interfere with or impede the passage of the water, electricity, or gas thereby conveyed without the consent of the owner or except in such manner as he approves, until the Trust, at its own expense, has installed and made ready for use to the satisfaction of the owner or his surveyor or engineer other good and sufficient fixtures necessary and proper to supply the water, electricity, or gas as efficiently and as fully as if it was supplied by the fixtures proposed to be removed; and(d) The Trust shall make good all damage done by it to property belonging to or controlled by the owner, and shall indemnify the owner for any loss or damage that he may sustain by reason of any interference with any property or with the private service pipes or wires of any person supplied by the owner with water, electricity, or gas, and shall also make good all damage done by the Trust to those private service pipes or wires.(3) If a dispute arises between the Trust and the owner as to –that dispute shall be determined by an engineer appointed by the Governor as referee, who shall determine the dispute and determine and direct how and by whom the costs of the reference shall be paid.(a) the necessity for the removal of any fixtures;(b) the manner in which any work under this section shall be carried out; or(c) whether any fixtures provided by the Trust are, or the installation thereof is, satisfactory –(4) The decision of a referee on the determination of a dispute under subsection (3) of this section is final and binding on the Trust and the owner.(5) In this section, fixtures means any posts, mains, pipes, cables, wires, and other apparatus used for the purposes of the supply of water, electricity, or gas.
18. Interference with sewerage or drainage
[Section 19 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(1) Where any tramway or tram route, or any work in relation thereto is likely to interfere with or affect any sewerage works or drainage works, the Trust –(a) shall give to the person having the control of the sewerage works or drainage works (in this section referred to as "the sewerage authority") –three days at least before commencing the work;(i) notice, in writing, of its intention to lay down or construct the tramway, tram route, or work; and(ii) full particulars of the proposed work –(b) may proceed with the work if the sewerage authority –(i) signifies his approval thereof; or(ii) fails, within three days after the service on him of the notice and particulars referred to in paragraph (a) of this subsection, to signify his objections thereto or his disapproval thereof;(c) shall comply with and conform to all reasonable directions and requirements of the sewerage authority in the execution of the work, and shall provide, by new, altered, or substituted works, in such manner as the sewerage authority reasonably requires, for the proper protection of and for preventing injury or impediment to the sewerage works by, or by reason of, the tramway, tram route, or work, and shall indemnify the sewerage authority against all expenses to be occasioned thereby; and(d) shall cause the work to be carried out under the direction, superintendence, and control of the engineer or other officer of the sewerage authority at the expense, in all things, of the Trust.(2) When any new, altered, or substituted work or any work or defence connected therewith is completed by or at the expense of the Trust pursuant to subsection (1) of this section, it shall thereafter be deemed to be as fully and completely under the direction, jurisdiction, and control of the sewerage authority, and shall be maintained by the sewerage authority, as if the work had not been carried out.(3) If a dispute arises betweenthe Trust and a sewerage authority with respect to anything proposed to be done by the Trust under this section, or with respect to any direction or requirement of the sewerage authority under this section, that dispute shall be determined as if it were a dispute to which subsection (3) of section seventeen relates, and the provisions of subsections (3) and (4) of that section apply accordingly in relation to the determination of the dispute.
20. Power of Trust to direct municipal corporations to provide and maintain roads, &c., of a suitable standard
[Section 21 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 22 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(1) Subject to this section, the Trust may direct a municipal corporation to construct or maintain streets or roads within a metropolitan area of such a standard as the Trust may determine to be suitable for the proper operation of a tramway of the Trust, and, for that purpose, to execute such works as may be necessary for the construction of streets or roads of that standard or for the repair, reconstruction, or making good of any existing street or road (being a street or road that is vested in the corporation or for the maintenance of which the corporation is responsible) so as to bring it into conformity with that standard, and the municipal corporation shall comply with any direction given to it pursuant to this subsection and execute such works as may be necessary for that purpose.(2) Where the Trust gives to a municipal corporation a direction under subsection (1) of this section, the Trust shall pay to the corporation by way of reimbursement for the costs to be incurred by the corporation in complying with the direction such sum as may be agreed upon between the Trust and the corporation, or, in default of agreement, as may be determined pursuant to subsection (4) of this section.(3) The sum to be paid to a municipal corporation under subsection (2) of this section may consist of –according as may be agreed upon between the Trust and the corporation or, in default of agreement, as may be determined pursuant to subsection (4) of this section, and, if it consists of annual instalments, the instalments shall be paid during such period as may be so agreed upon or determined.(a) a single payment; or(b) annual instalments –(4) [Section 20 Subsection (4) amended by No. 5 of 1990, s. 3 and Sched. 1 ]If the Trust and a municipal corporation cannot agree upon –the matter in dispute shall be determined by the Governor on the recommendation of a committee appointed by him for the purpose, consisting of an officer of the responsible Department in relation to the Public Account Act 1986 , an officer of the responsible Department in relation to the Roads and Jetties Act 1935 , and an officer of the municipal corporation.(a) the sum to be paid to the corporation by the Trust under subsection (2) of this section;(b) the question whether the sum to be so paid shall consist of a single payment or of annual instalments; or(c) if the sum is to consist of annual instalments, the period during which those instalments shall be paid –(5) If a municipal corporation is unable to borrow any moneys required for the purpose of defraying the costs and expenses of the execution of any works required to be executed by it under this section, the Trust may cause the works to be executed at the expense of the corporation, and the corporation shall pay to the Trust all costs and expenses so incurred by the Trust, out of such of the revenues of the corporation, by such instalments, and during such period, as may be agreed upon between the Trust and the corporation or, in default of agreement, as may be determined by the Governor on the recommendation of the committee referred to in subsection (4) of this section.(6) The provisions of this section have effect notwithstanding anything contained in any enactment relating to the constitution, powers, or functions, or to the application of the revenues, of a municipal corporation and a municipal corporation shall be deemed, notwithstanding anything in such an enactment, to have power to make and carry out agreements under this section.
Division IV - . . . . . . . .[Section 23 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 24 Repealed by No. 5 of 1990, s. 3 and Sched. 1 ]. . . . . . . . [Section 25 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 25A Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .
PART III - . . . . . . . .[Part III Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . . . . . . . . . . . . . . . . .
PART IV - . . . . . . . .[Part IV and (36-41) Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Section 35C Repealed by No. 40 of 1991, s. 78 ]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Section 42 Repealed by No. 40 of 1991, s. 81 ]. . . . . . . . [Section 43 Repealed by No. 40 of 1991, s. 81 ]. . . . . . . .
PART IVA - Infringement Notices[Part IVA Inserted by No. 40 of 1988, s. 9 ]
[Section 43A Amended by No. 52 of 1995, s. 3 and Sched. 1 ]In this Part, unless the contrary intention appears –[Section 43B Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .authorized officer means an employee of the Trust employed as an authorized officer for the purposes of this Part;infringement notice means a notice served on a person under section 43C ;prescribed offence means –(a) a property offence;(b) an offence under section 51 (2) (b) , (c) , or (d) , (3) , or (4) ; or(c) an offence prescribed by the by-laws;withdrawal notice means a notice served on a person under section 43D .
43C. Service and acceptance of infringement notice
(1) Where an authorized officer is satisfied that a person has committed a prescribed offence or offences, he may serve on that person an infringement notice in respect of that offence or those offences.(2) An infringement notice served on a person shall –(a) relate only to a property offence or offences or only to any other prescribed offence or offences;(b) indicate the property offence or offences or the other prescribed offence or offences to which it relates;(c) specify the penalty or penalties for the property offence or offences or the other prescribed offence or offences to which it relates, being, in the case of a property offence, the penalty prescribed by section 51 (1) or (2) , as the case requires, or, in the case of any other prescribed offence, the appropriate penalty prescribed by the by-laws; and(d) be in such form, or contain such information, or other matter, as may be prescribed by the by-laws.(3) The by-laws may prescribe different forms of infringement notices for the purposes of subsection (2) (a) or prescribe different information or other matter to be contained in different forms of infringement notices for those purposes.(4) An infringement notice served on a person –(a) that relates to any property offence or offences shall clearly indicate to that person that he may be prosecuted before a court for the offence or offences; or(b) that relates to any other prescribed offence or offences shall clearly indicate to that person that he may disregard the notice but, if he does so, he may be prosecuted before a court for the offence or offences to which it relates.(5) Unless it has been withdrawn, an infringement notice served on a person that relates to a prescribed offence other than a property offence may, subject to subsection (6) , be accepted by that person either –(a) by the payment, within 21 days of the service of the notice, to the clerk of petty sessions at the place specified in the notice of the penalty specified in the notice in relation to that prescribed offence; or(b) by lodging, within 21 days of the service of that notice, with that clerk of petty sessions a written undertaking by that person to pay that penalty by such instalments or within such time as the clerk may direct.(6) Where an infringement notice served on a person that relates to a prescribed offence referred to in subsection (5) has not been accepted by that person in either of the ways prescribed in that subsection at the expiry of the appropriate period prescribed in that subsection, the clerk of petty sessions at the place specified in the notice may, by written notification to that person, allow that person an additional period of 14 days commencing on the expiry of the first-mentioned period in which to accept the infringement notice in relation to that prescribed offence.(7) Where an infringement notice that relates to a prescribed offence referred to in subsection (5) has been served on a person, no proceedings shall be brought against that person for that prescribed offence if the notice has been accepted and has not been withdrawn, and, whether or not the notice is accepted, no such proceedings shall be brought within the period of –unless the notice has been withdrawn.(a) 28 days following the service of the notice, if the person has not been allowed an additional period pursuant to subsection (6) ; or(b) 42 days following the service of the notice, if the person has been allowed such an additional period –(8) Where an infringement notice that relates to a prescribed offence referred to in subsection (5) has been accepted by a person and has not been withdrawn, that acceptance shall, in relation to proceedings for any other prescribed offence, be treated as a conviction for the prescribed offence in respect of which the notice was served unless the court before which those proceedings are taken is satisfied that it is unjust that it should be so treated.(9) Acceptance of an infringement notice shall not be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil claim, action, or proceeding.
43D. Withdrawal of infringement notices
(1) An infringement notice that has been served on a person –(a) being a notice that relates to a property offence or offences, may be withdrawn as provided in subsection (2) at any time within the period of 28 days following the service of the notice; or(b) being a notice that relates to any other prescribed offence or offences may, whether or not it has been accepted, be withdrawn as provided in subsection (2) at any time within the period of –(i) 28 days following the service of the notice, if the person has not been allowed an additional period pursuant to section 43C (6) ; or(ii) 42 days following the service of the notice, if the person has been allowed such an additional period.(2) For the purposes of subsection (1) , an infringement notice served on a person shall be withdrawn by the service on that person of a withdrawal notice in the form prescribed by the by-laws and signed by the secretary or some person authorized by him stating that the infringement notice has been withdrawn.(3) Where an infringement notice has been withdrawn under this section and any sums have been paid to a clerk of petty sessions by way of penalty in pursuance of that notice, that clerk shall repay the sums so paid to the person on whom the notice was served.(4) Where an infringement notice has been served in respect of a prescribed offence and has been withdrawn, no evidence of the service, acceptance, or withdrawal of the notice is admissible in any proceedings for that prescribed offence.(5) References in this Part to the withdrawal of an infringement notice shall be construed as references to the withdrawal of that notice under this section.
43E. Effect of undertaking to pay a prescribed penalty
(1) Where such an undertaking as is referred to in section 43C (5) (b) is lodged with a clerk of petty sessions, the clerk shall give directions to the person by whom the undertaking is given requiring that person to pay the penalty to which the undertaking relates in such instalments or within such time as may be specified in the directions.(2) No directions shall be given under section ( 1 ) that would have the effect of allowing any part of the penalty to which they relate being paid after the expiration of 63 days from the date on which the infringement notice was served.(3) Before giving directions under subsection (1) with respect to a person, aclerk of petty sessions shall consider any representations made to him by or on behalf of that person, whether at the time the undertaking is lodged or otherwise, with respect to his financial circumstances, and shall give such directions as, having regard to those representations and all the circumstances of the case, he considers just and reasonable.(4) Where a person fails to comply with any directions given to him under subsection (1) , the like proceedings may be had in respect of so much of the penalty to which the directions relate as remains unpaid as if the penalty were a penalty imposed on him on his summary conviction for an offence.
43F. Service of notices and notifications
(1) An infringement notice shall be served on a person by an authorized officer delivering it to him in person at or as near as practicable to the place of the commission of the prescribed offence.(2) A withdrawal notice shall be served on a person by delivering it to him in person or by sending it by post addressed to that person at the place shown as the address of that person in the relevant infringement notice.(3) A notification under section 43C (6) by a clerk of petty sessions shall be served on a person by sending it by post addressed to that person at the place shown as the address of that person in the relevant infringement notice.
43G. Application of penalties in respect of infringement notices
A clerk of petty sessions shall cause the sums paid to him by way of penalty pursuant to infringement notices served under this Part to be paid quarterly into the Consolidated Fund.
PART V - Miscellaneous[Section 44 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .
(1) [Section 45 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ]A passenger who is travelling on a tram or other vehicle of the Trust may take with him, without charge therefor, his personal luggage, but only if it does not exceed 13 kilograms and is in such portable form that it may be placed under a seat in the tram or vehicle without inconvenience to other passengers.(2) The Trust is not bound to carry, unless it thinks fit, any animal, or any parcel, goods, articles, or things other than passengers' luggage as provided in subsection (1) of this section.
[Section 45A Inserted by No. 46 of 1957, s. 2 ]Notwithstanding anything in the Police Offences Act 1935 –(a) if any moneys or goods are left in or on any tram or other vehicle of the Trust and the owner thereof is not known, the Trust may, without thereby being under any liability therefor, take possession of the moneys or goods and at any time thereafter cause it to be notified, by advertisement in a newspaper published in this State, that the moneys will be forfeited or the goods will be sold upon such a day, being not less than thirty days after the publication thereof, as may be specified in the advertisement; and(b) if before the day so specified the moneys or goods are not claimed by, and proved to belong to, some person, the moneys shall be deemed to be forfeited to, and to be the property of, the Trust or, as the case may be, the goods may be sold by the Trust and the net proceeds of the sale thereof may be retained by the Trust.
[Section 47 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 48 Repealed by No. 40 of 1991, s. 81 ]. . . . . . . . [Section 49 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 50 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(1) Nothing in this Act limits or affects any powers conferred on any public authority by or under any Act to widen, alter, divert, or improve any street or road.(2) Nothing in this Act limits or affects the powers conferred on any public authority or on police officers by or under any Act to regulate the passage of traffic along or across any street or road, and those powers continue to be exercisable both on and off a tramway of the Trust and both in relation to the traffic of the Trust and the traffic of other persons.
[Section 51 Subsection (4) amended by No. 40 of 1988, s. 12 ][Section 51 Subsection (5) amended by No. 46 of 1991, s. 4 and Sched. 2 ][Section 51 Subsection (6) amended by No. 40 of 1988, s. 12 ][Section 51 Subsection (6) amended by No. 46 of 1991, s. 4 and Sched. 2 ](1) [Section 51 Subsection (1) substituted by No. 40 of 1988, s. 12 ]A person shall not damage or destroy any premises owned or occupied by the Trust or any vehicle or other personal property, or any works, of the Trust.Penalty: Fine not exceeding 5 penalty units.(2) [Section 51 Subsection (2) substituted by No. 40 of 1988, s. 12 ]A person shall not, without lawful excuse –(a) interfere with, remove, or alter any works of the Trust;(b) do, or cause to be done, anything in such a manner as to obstruct any vehicle of the Trust, endanger the safety or lives of persons on or in any such vehicle, or damage any goods being carried on or in a vehicle of the Trust;(c) obstruct or impede, in any way, a person getting into or out of a vehicle of the Trust or entering or leaving any premises owned or occupied by the Trust; or(d) refuse to get out of a vehicle of the Trust, or leave any premises owned or occupied by the Trust, when requested to do so by a person appointed or employed pursuant to section 23 (2) .Penalty: Fine not exceeding 5 penalty units.(3) [Section 51 Subsection (3) substituted by No. 40 of 1988, s. 12 ]A person shall not place on or in, bring on to, send on to, or carry on a vehicle of the Trust any goods that –(a) may be dangerous or obnoxious to a person appointed or employed pursuant to section 23 (2) or to a passenger; or(b) may injure or endanger the vehicle or any part of it.Penalty: Fine not exceeding 5 penalty units.(4) [Section 51 Subsection (4) amended by No. 29 of 1984, s. 3 and Sched. 1 ]A person shall not –(a) being a passenger on, or having travelled in, any vehicle of the Trust, fail to pay the fare payable in respect thereof;(b) travel on a ticket for a greater distance or a greater number of times than is authorized by the ticket or travel on a ticket in any other way that is not authorized by the ticket;(c) having travelled beyond the distance, or more than the number of times, authorized by a ticket held by him or having travelled in any other way that is not authorized by such a ticket, fail to pay the additional fare payable by him in respect of the additional distance, the additional number of times, or the other way travelled by him that is not so authorized;(d) . . . . . . . .(e) . . . . . . . .(f) transfer to any other person a ticket issued to him, or travel on a ticket issued to any person other than himself;(g) travel on a ticket the currency of which has expired;(h) evade payment of any fare payable by him; or(i) when required by any person appointed or employed pursuant to section 23 (2) so to do, fail to produce the ticket issued to him for any fare paid by him or on his behalf.(j) . . . . . . . .Penalty: Fine not exceeding 5 penalty units.(4A) [Section 51 Subsection (4A) inserted by No. 40 of 1988, s. 12 ]In subsection (4) , ticket means a ticket of a kind or class prescribed by the by-laws which is issued by or on behalf of the Trust and which authorizes travel on a vehicle of the Trust in accordance with that ticket.(5) [Section 51 Subsection (5) amended by No. 29 of 1984, s. 3 and Sched. 1 ]A person appointed or employed pursuant to section 23 (2) , and any person called upon by him to assist him, may seize and detain any person found committing, or attempting to commit, any offence against any of the provisions of subsection (4) of this section until the offender can be given in custody to a police officer.(6) [Section 51 Subsection (6) amended by No. 29 of 1984, s. 3 and Sched. 1 ]A person appointed or employed pursuant to section 23 (2) may refuse to take, carry, or allow to be carried on any vehicle of the Trust any parcel that he suspects may contain goods of a dangerous, obnoxious, or injurious nature, and may open any parcel or require any parcel to be opened to ascertain the fact, and, so as to prevent the possibility of danger or injury to any vehicle or passenger, may dispose of it as he may think fit.
51A. Compensation payable in respect of property offences
[Section 51A Inserted by No. 40 of 1988, s. 13 ](1) Where a person is convicted of a property offence, the court by which that person is convicted may, in addition to, or in lieu of, imposing any penalty or making any other order on that conviction, order him to pay to the Trust such sum as it thinks reasonable by way of compensation for the damage or destruction caused by him when committing the offence under section 51 (1) or (2) (a) .(2) A sum ordered to be paid to the Trust by a person pursuant to subsection (1) may include the whole or part of the costs or expenses incurred in or about the prosecution and conviction for the property offence of which that person is convicted.(3) Where, pursuant to subsection (1) , a court orders a person to pay a sum to the Trust, the court may include in its order an amount of interest payable on and from the date of the commission of the relevant property offence to and including the date on which that sum is paid by that person.
[Section 52 Subsection (2) amended by No. 40 of 1988, s. 14 ][Section 52 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ](1) The Trust may, with the approval of the Governor, make by-laws under this Act.(2) [Section 52 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ]Without prejudice to the generality of the provisions of subsection (1) of this section, the by-laws may –(a) [Section 52 Subsection (2) amended by S.R. 1997, No. 47, Applied:30 Jun 1997] . . . . . . . .(b) regulate the number of passengers that may be carried in any tram or other vehicle of the Trust, and make provision for preventing that number from being exceeded (and may discriminate in that respect, between different parts of a tram or other vehicle);(c) prohibit smoking or spitting in any tram or other vehicle, or part of a tram or other vehicle, of the Trust, or the commission of damage or nuisances, or the annoyance or molestation of passengers, in or on any tram or other vehicle, or of persons in or on any property or works, of the Trust;(d) generally regulate passenger traffic in trams and other vehicles of the Trust;(e) . . . . . . . .(f) . . . . . . . .(g) prescribe offences for the purposes of Part IVA that are offences under the by-laws;(ga) prescribe the penalty for each offence that is a prescribed offence within the meaning of section 43A , other than a property offence; and(h) impose penalties, not exceeding 5 penalty units, for offences against the by-laws.(3) [Section 52 Subsection (3) omitted by S.R. 1997, No. 47, Applied:30 Jun 1997] . . . . . . . .(4) [Section 52 Subsection (4) omitted by S.R. 1997, No. 47, Applied:30 Jun 1997] . . . . . . . .(5) [Section 52 Subsection (5) inserted by No. 52 of 1995, s. 3 and Sched. 1 ][Section 52 Subsection (5) omitted by S.R. 1997, No. 47, Applied:30 Jun 1997] . . . . . . . .
SCHEDULE 1 - [Schedule 1 Heading amended by No. 36 of 1958, s. 4 and Sched. 3 ]The prescribed formula for the purposes of section 25A[Schedule 1 Inserted by No. 55 of 1958, s. 4 ]
1. For the purposes of paragraph (c) of subsection (2) of section 25A , the following formula is the prescribed formula:
2. For the purposes of this schedule –L represents the period of long service leave to which a transferred employee (within the meaning of section 25A ) is entitled by virtue of paragraph (c) of subsection (2) of that section ;C represents the employee's number of completed years' continuous service as an employee of a municipal corporation; andT represents the employee's number of completed years' continuous service as an employee of the Trust.
SCHEDULE 2 - Transport services which the Trust is authorized to carry on outside the metropolitan areas[Schedule 2 Inserted by No. 18 of 1959, s. 6 ][Schedule 2 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]
1. Services for the transport of passengers by road, in either direction, between –(a) any places within the municipal area of Burnie; and(b) the city of Burnie and the town of Wynyard; and(c) the city of Burnie and the town of Ulverstone.
2. Such extensions of the services mentioned in sub paragraphs (a) and (b) of paragraph 1 of this schedule and such other additional services (if any) as the Trust may deem necessary or desirable for the purpose of providing a properly integrated system of passenger transport to serve the needs of residents of the municipal area of Burnie.