[1985] VR 1
CHELFCO NINETY-FOUR PTY LTD v ROAD TRAFFIC AUTHORITY
SUPREME COURT OF VICTORIA
MURPHY J
8, 9, 12-16 March, 17 August 1984
Licensing — Passenger ferry licences — Determination of licensing authorities — "Authority" — "Appropriate authority" — Powers of licensing authorities — Delegation of powers — Transport Act 1983 (No. 9921), s2, s32, s86, s199,
s201, s204.
.
S199 of the Transport Act 1983 provides that a passenger ferry service shall
not operate on any Victorian waters unless it is licensed in accordance with
Div. 10. The power to grant a licence is vested in "the Authority". By s201
the Authority is not to grant a licence unless the applicant has obtained the
approval of the "appropriate Authority". By s204 "the Authority" may grant a
renewal of an existing licence subject to the approval of the "appropriate
Authority". "Authority" is defined in s2 to mean, unless inconsistent with the
context: "(a) The State Transport Authority; (b) the Metropolitan Transit
Authority; (c) the Road Construction Authority; or (d) the Road Traffic
Authority", but in s86 "Authority" is defined for the purpose of PtVI of the
Act to mean the Road Traffic Authority. "Appropriate Authority" is also
defined in s86(1) as follows:--
"86 (1) In this part unless inconsistent with the context or subject-matter--
"'Appropriate Authority' in respect of an application for a public commercial
passenger vehicle licence or a passenger ferry licence or an application for
the transfer or renewal of a public commercial passenger vehicle licence or a
passenger ferry licence, means--
(a) the Authority (being the Metropolitan Transit Authority or the State
Transport Authority) which operates or contracts for the operation of a public
commercial passenger vehicle or a passenger ferry in the route or area which
is likely to be affected by the granting of the application, or
(b) if both the Metropolitan Transit Authority and the State Transport
Authority operate or contract for the operation of a public commercial
passenger vehicle or a passenger ferry in the route or area which is likely to
be affected by the granting of the application, then whichever of the
Metropolitan Transit Authority or the State Transport Authority operates or
contracts for the operation of a public commercial passenger vehicle or a
passenger ferry in the route or area which is more likely to be affected by
the granting of the application."
S32 of the Act permits an Authority by instrument to delegate its powers for
specific purposes for specific periods of time.
The applicant applied to the Road Traffic Authority ("RTA") for a ferry
licence to operate between Stony Point and Tankerton in Westernport Bay. At
about the same time J E and T J Squire ("Squires") applied for a licence to
operate a service on the same route. Two officers of the State Transport
Authority ("STA") heard submissions made by the applicants and Squires and
objections made by each to the granting of a licence to the other. They
decided to refuse the applicant's application and to grant the Squires'
application. The officers made the impugned decisions purporting to do so as
the "Appropriate Authority". At the time of these events no instrument of
delegation had been made pursuant to s32. One of the officers communicated the
decision to the applicants and to the RTA.
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[1985] VR 1
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