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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Highway Authority Protection Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. The immunity 2
5. Supreme Court--limitation of jurisdiction 2
ENDNOTES 3
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PARLIAMENT OF VICTORIA
Initiated in Council 8 October 2002 by the Hon. P. R. Hall
A BILL
to protect highway authorities from liability for non-feasance.
Highway Authority Protection Act 2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to protect highway
authorities from liability for non-feasance.
2. Commencement
5 (1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 31 December 2002, it comes into
operation on that day.
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Highway Authority Protection Act 2002
s. 3
Act No.
3. Definitions
In this Act--
"highway authority" means a body which has
the care and management of a public
5 highway;
"public highway" includes bridges, culverts,
drains, footpaths and places over which there
is a right of public passage or which form
part of the road surface which can be fairly
10 considered to be part of the road;
"non-feasance" is where a highway authority
creates a foreseeable risk of injury or loss
and damage by failing to make or repair a
public highway or part of a public highway
15 over which that highway authority has the
care and management.
4. The immunity
(1) No proceedings may be brought against a highway
authority to recover damages in respect of any
20 failure by the highway authority to make or repair
a public highway or part of a public highway over
which that highway authority has the care and
management.
(2) The immunity set out in sub-section (1) shall be
25 confined to the non-feasance of a highway
authority and shall not affect any action arising
from circumstances where a highway authority
has negligently made or negligently repaired a
public highway or part of a public highway over
30 which that highway authority has the care and
management.
5. Supreme Court--limitation of jurisdiction
It is the intention of section 4 to alter or vary
section 85 of the Constitution Act 1975.
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Highway Authority Protection Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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