Re: Regulation 206 [Was: Rod Speed]

["WhaleOilBeefHooked" <daproc@sd5.mailbank.com>]

(Cross-post to aus.legal added)

Michael <mk@netstra.com.au> wrote in message
8E4B89D14telstraNews@vic.news.telstra.net">news:8E4B89D14telstraNews@vic.news.telstra.net...

> Let's dissect regulation 206.
>
> [A person using a ticket which requires machine validation] This would
> presumably mean that the ticket is not valid yet, subject to one of the >
above conditions. A ticket that is valid does not machine validation
> because it is already valid.

Depends on what "valid" means. It *could* be held that "A person using a
ticket which requires machine validation" means anyone with a MetCard.

> [must validate that ticket] See above - A ticket that is valid is not
> subject to this condition

Depends on legal interpretaion - see above.

> [on boarding a rail or road vehicle on which an operational ticket
> validating device is located or before entering a designated area] self
> explanatory.

Yep

> I could, admittedly be incorrect, and would appreciate comment from any
> person who actually has studied law. Because there is no definition for
> "valid ticket" does this make regulation 206 invalid itself or not?

Would not make it invalid, it would require a ruling from a court though And
NOT a court of summary jurisdiction) to establish this definition though.
Since any action arising from this section would be in a court of summary
jurisdiction (Local Court in NSW, not sure what the Victorian equivalent
is - Petty Sessions??????) that particular courts definition would not be
binding on other courts. It would require an appeal to the District Court
for any definition to be binding on lower courts.

DaveP

(For the benefit of those in aus.legal, there has been a long and tedious
discussion over the failure of a number of Melburnians to validate their
magnetic tickets on each and every occasion they board a tram, and the
legality or otherwise of their actions. The relevant passage is below).

> >206. Ticket to be validated
> >
> >A person using a ticket which requires machine validation must validate
> >that ticket on boarding a rail or road vehicle on which an operational
> >ticket validating device is located or before entering a designated
> >area. Penalty: 5 penalty units.
> >