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PARLIAMENT OF VICTORIA
Melbourne City Link (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Principal Act 2
PART 2--AMENDMENTS TO THE PRINCIPAL ACT 3
4. Definitions 3
5. Delegation and sub-delegation 5
6. Customer service site 5
7. New section 27A inserted 6
27A. Further revocation of part of Melbourne and Olympic
Parks reservation 6
8. Leasing powers 7
9. New section 60A inserted 7
60A. Interim operation 7
10. New section 61 substituted 8
61. Declaration of Link road 8
11. Road operation and management powers 9
12. Definitions--Part 4 9
13. New section 69A inserted 10
69A. Declaration as to relevant corporations 10
14. Fixing of tolls 11
15. New sections 73 to 73E substituted 12
73. Offence to drive unregistered vehicle in toll zone 12
73A. Registration of vehicles 13
73B. On-going registration 14
73C. Temporary registration 14
73D. Information to be given in relation to registration 15
73E. Cancellation or suspension of registration 16
16. New section 75 substituted 18
75. Offence to fraudulently induce registration 18
17. Minor amendments concerning sentencing order 18
18. Process for enforcement of unpaid toll 19
19. Changes concerning infringement notices 20
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Clause Page
20. Prescribed penalty 21
21. New section 86 substituted 21
86. Application of PERIN procedure 21
22. Clarification of effect of certain documents 22
23. New section 88 substituted 24
88. Proof that vehicle driven in toll zone 24
24. Minor and consequential amendments 24
25. New Division 3 inserted in Part 4 25
Division 3--Restrictions on the Disclosure and Use of Certain
Information 25
90. Meaning of "restricted tolling information" 25
90A. Tolling information not to be disclosed or used except in
specified circumstances 26
90B. Disclosure and use of information to and by police 28
90C. Records of disclosure and use by the police 30
90D. Disclosure or use for purposes of court orders etc. 31
90E. Records of disclosure or use of restricted tolling
information to be kept 31
90F. Application of Division to enforcement agency 33
91. Roads Corporation can disclose certain information 34
26. Inspection of records 34
27. Leasing powers 35
28. New section 93GA inserted 35
93GA. Interim operation 35
29. New section 93H substituted 36
93H. Declaration of Extension road 36
30. New sections 114A and 114B inserted 36
114A. Removal of stationary vehicles 36
114B. Removal of abandoned property 38
31. Regulations 38
32. Insertion of Division headings 39
33. Amendment of Schedule 4 39
PART 3--AMENDMENTS TO THE OMBUDSMAN ACT 1973 41
34. Definition 41
35. Ombudsman to have additional functions 41
36. New Division 3A inserted in Part IV 42
Division 3A--Investigations under Melbourne City Link Act
1995 42
22A. Definitions 42
22B. Powers in relation to toll reviews and investigations 42
22C. Police must provide reasonable assistance 43
37. New section 25A inserted 44
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Clause Page
25A. Reports about tolling information review 44
PART 4--AMENDMENTS TO THE TRANSPORT ACT 1983 45
38. Transport Act 1983 45
39. Widening of grounds for issuing of towing licences 45
40. Amendment concerning tow truck drivers 47
41. New section 183C inserted 48
183C. Offence to tow vehicle from certain depots without
authorisation 48
PART 5--AMENDMENTS TO OTHER ACTS 49
42. Amendment of Impounding of Livestock Act 1994 49
43. New section 13A inserted in Impounding of Livestock Act 1994 49
13A. Duties of person authorised by relevant corporation 49
44. Amendment of Magistrates' Court Act 1989 49
45. New section 9AA inserted in Road Transport (Dangerous
Goods) Act 1995 50
9AA. Competent Authority may determine routes, etc. for
dangerous goods 50
NOTES 52
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PARLIAMENT OF VICTORIA
A BILL
to amend the Melbourne City Link Act 1995 and certain other Acts
and for other purposes.
Melbourne City Link (Amendment) Act
1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are to amend the
Melbourne City Link Act 1995--
5 (a) to facilitate the administration and
enforcement of the tolling provisions of that
Act; and
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(b) to make further provision in relation to the
privacy of information collected in relation
to tolling; and
(c) to provide for certain powers in relation to
5 the operation of the Link road and the
Extension road; and
(d) to provide for certain powers in relation to
particular land in the Project area.
2. Commencement
10 (1) This Act (except section 18(2) and (5)) comes into
operation on the day on which it receives the
Royal Assent.
(2) Subject to sub-section (3), section 18(2) and (5)
come into operation on a day to be proclaimed.
15 (3) If the provisions referred to in sub-section (2) do
not come into operation before 31 December
2000, they come into operation on that day.
3. Principal Act
No. 107/1995. In this Act, the Melbourne City Link Act 1995 is
Reprint No. 2
20 called the Principal Act.
as at 2 June
1998.
_______________
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PART 2--AMENDMENTS TO THE PRINCIPAL ACT
4. Definitions
In section 3 of the Principal Act--
(a) insert the following definitions--
5 ' "authorised police officer" means the
Chief Commissioner of Police and any
member of the police force of the rank
of inspector or above who is appointed
by the Chief Commissioner to be an
10 authorised police officer for the
purposes of Division 3 of Part 4;
"Customer service site" means the land
shown hatched on sheets 1 and 2 of the
plan numbered LEGL./98-74 and
15 lodged in the Central Plan Office but
does not include any part of that land
which is part of the Link road;
"licence plate number", in relation to a
vehicle, means the registration number
20 of the vehicle assigned by the relevant
vehicle registration authority;
"Link operator" means the person who, for
the time being, is the Link operator
under section 11;
25 "relevant corporation"--
(a) for the purposes of Part 4 (except
sections 70 and 71)--
(i) in relation to the Link road
or the Extension road, means
30 the Link Corporation if no
notice under section 69A(1)
is in effect; and
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(ii) if a notice under section
69A(1) has taken effect and
no notice under section
69A(2) is in effect--
5 (A) in relation to the Link
road, means the Link
corporation; and
(B) in relation to the
Extension road, means
10 the Extension
corporation; and
(b) for the purposes of the rest of this
Act (including sections 70 and
71)--
15 (i) in relation to the Link road,
means the Link corporation;
and
(ii) in relation to the Extension
road, means the Extension
20 corporation;
"restricted tolling information" has the
meaning given by section 90;';
(b) for the definition of "enforcement agency"
substitute--
25 ' "enforcement agency" means the Chief
Commissioner of Police or, if another
person is prescribed by the regulations
to be the enforcement agency with
respect to all or any part of the
30 enforcement agency's functions, that
other person in respect of those
functions;';
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(c) for the definition of "Extension road"
substitute--
' "Extension road" means land declared
under section 93H to be a road and
5 includes any part of that land;';
(d) for the definition of "Link road"
substitute--
' "Link road" means land declared under
section 61 to be a road and includes any
10 part of that land;';
(e) for the definition of "toll zone" substitute--
' "toll zone" means a toll zone specified
under section 71(1)(a);'.
5. Delegation and sub-delegation
15 (1) In section 12(1) of the Principal Act, after
paragraph (c) insert--
"(d) any of its powers and functions under section
183B(4) of the Transport Act 1983.".
(2) In section 12 (1A) of the Principal Act, after
20 paragraph (c) insert--
"(d) any of the Extension corporation's powers
and functions under section 183B(4) of the
Transport Act 1983, which have been
delegated by the Extension corporation to the
25 Link corporation.".
(3) In section 12C(1) of the Principal Act, after
paragraph (e) insert--
"(f) any of its powers and functions under section
183B(4) of the Transport Act 1983.".
30 6. Customer service site
(1) In section 23(2) of the Principal Act, after "site"
insert "or the Customer service site".
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(2) After section 64(3) of the Principal Act insert--
"(4) Despite sub-sections (2) and (3), the
Building Act 1993 applies to and in relation
to the Link control site and the Customer
5 service site.".
(3) In section 96(4) of the Principal Act, after "Link
control site" insert "and the Customer service
site".
7. New section 27A inserted
10 After section 27 of the Principal Act insert--
"27A. Further revocation of part of Melbourne
and Olympic Parks reservation
(1) The Order in Council specified in item 2 of
Schedule 4 is revoked in so far as it applies
15 to the stratum of land shown on the plan
numbered LEGL./98-76 and lodged in the
Central Plan Office.
(2) Despite anything to the contrary in the
Melbourne and Olympic Parks Act 1985
20 and the Crown Land (Reserves) Act 1978,
on the revocation of the Order in Council
specified in item 2 of Schedule 4 in so far as
it relates to the stratum of land shown on the
plan referred to in sub-section (1)--
25 (a) the land is deemed to be unalienated
land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests;
30 and
(b) the appointment of the Melbourne and
Olympic Parks Trust to manage
Olympic Park is revoked to the extent
that it applies to the land; and
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(c) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked in so far as they apply
to the land; and
5 (d) the land is deemed to be temporarily
reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for
public purposes, being, in particular,
the purposes of the Project, and the
10 reservation may be amended, revoked
and otherwise dealt with in accordance
with that Act.".
8. Leasing powers
In section 60 of the Principal Act, sub-section (3)
15 is repealed.
9. New section 60A inserted
After section 60 of the Principal Act insert--
"60A. Interim operation
(1) Subject to this section, if a temporary
20 reservation of licensed land is revoked under
section 59--
(a) this Act applies to that land as if any
reference in this Act to leased land or
land leased under section 60 included a
25 reference to that land; and
(b) section 62 applies to that land as if any
reference in that section to the grant of
a lease under section 60 were a
reference to the revocation under
30 section 59 of the reservation in respect
of that land.
(2) The Minister may by Order published in the
Government Gazette declare that this section
no longer applies to certain land.
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(3) This section ceases to apply to land--
(a) on the grant of a lease of that land
under section 60; or
(b) on the publication of an Order under
5 sub-section (2) in respect of the land--
whichever is the earlier.".
10. New section 61 substituted
For section 61 of the Principal Act substitute--
"61. Declaration of Link road
10 (1) The Minister may from time to time declare
any part of the following land to be a road--
(a) any land leased under section 60; or
(b) any land which was licensed land but in
respect of which the licence has
15 terminated.
(2) A declaration under sub-section (1) must
state whether the road or any part of the road
is to be treated as a freeway or a State
highway.
20 (3) The Minister must cause a notice of a
declaration under sub-section (1) to be
published in the Government Gazette.
(4) On the publication of a notice of a
declaration under sub-section (3), the road
25 specified in the declaration is deemed to
be--
(a) a declared road within the meaning of
the Transport Act 1983; and
(b) a road open to and for use by the public
30 for passage with vehicles; and
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(c) a highway within the meaning of the
Road Safety Act 1986.
(5) This section does not affect the grant or
operation of a lease despite anything to the
5 contrary in Schedule 5 of the Transport Act
1983.".
11. Road operation and management powers
In section 62 of the Principal Act, for sub-section
(2) substitute--
10 '(2) In this section "road operation and
management powers" means--
(a) if by a declaration under section 61 the
land is to be treated as a freeway,
powers relating to the operation and
15 maintenance of, and traffic
management of a kind applicable to, a
freeway, including those powers which
apply to a freeway by virtue of the fact
that it is a declared road; and
20 (b) if by a declaration under section 61 the
land is to be treated as a State highway,
powers relating to the operation and
maintenance of, and traffic
management of a kind applicable to, a
25 State highway including those powers
which apply to a State highway by
virtue of the fact that it is a declared
road.'.
12. Definitions--Part 4
30 In section 69 of the Principal Act, insert the
following definitions--
' "business day" means a day that is not--
(a) a Saturday or a Sunday; or
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(b) a day that is appointed as a public
holiday or public half-holiday
throughout the whole of Victoria under
the Public Holidays Act 1993;
5 "day" means the period between midnight of
2 successive days;
"relevant agency" means--
(a) the Link corporation; or
(b) the Link operator; or
10 (c) the Extension corporation; or
(d) the Extension operator; or
(e) the enforcement agency;
"start-up period" means the prescribed period
commencing on the prescribed date;
15 "trip" means the driving of a vehicle in one
direction in one toll zone or more than one
toll zones, uninterrupted by exit from the
road on which the zone is or zones are and
subsequent re-entry to that road,
20 disregarding travel directly between the
southern link and the western link as referred
to in section 6.'.
13. New section 69A inserted
After section 69 of the Principal Act insert--
25 "69A. Declaration as to relevant corporations
(1) The Link corporation or the Extension
corporation, by notice published in the
Government Gazette, may declare that for
the purposes of the whole of this Part--
30 (a) the Link corporation is to be the
relevant corporation in relation to the
Link road; and
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(b) the Extension corporation is to be the
relevant corporation in relation to the
Extension road.
(2) At any time after the publication of a notice
5 under sub-section (1), the Link Corporation
and the Extension Corporation, by notice
published in the Government Gazette, may
jointly declare that for the purposes of this
Part (except sections 70 and 71) the Link
10 corporation is to be the relevant corporation
in relation to both the Link road and the
Extension road.
(3) A notice under sub-section (1) or (2) takes
effect one month after the day on which it is
15 published in the Government Gazette or, if a
later day is specified in the notice, on that
later day.".
14. Fixing of tolls
(1) In section 70 of the Principal Act--
20 (a) for "Link corporation" substitute "relevant
corporation";
(b) after "Agreement" insert "or the Extension
Agreement (as the case requires)".
(2) In section 71(1) of the Principal Act--
25 (a) for "Link corporation" substitute "relevant
corporation in accordance with this Act and
the Agreement or the Extension Agreement
(as the case requires)";
(b) in paragraph (a), after "the Link road" insert
30 "or the Extension road".
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(3) In section 71(4) of the Principal Act, after
"Agreement" insert "or the Extension Agreement
(as the case requires)".
15. New sections 73 to 73E substituted
5 For section 73 of the Principal Act substitute--
"73. Offence to drive unregistered vehicle in toll
zone
(1) A person must not drive a vehicle in a toll
zone unless the vehicle is registered under
10 this Part by the relevant corporation at that
time.
Penalty: 5 penalty units.
(2) If during the course of a trip a person
commits an offence against sub-section (1),
15 the person is guilty of only one offence
against that sub-section, regardless of how
many toll zones the person drives in during
the course of that trip.
(3) In a proceeding for an offence against sub-
20 section (1), it is a defence to the charge for
the driver to prove that he or she believed on
reasonable grounds, at the time the offence is
alleged to have been committed, that the
vehicle was registered under this Part by the
25 relevant corporation.
(4) Despite anything to the contrary in this or
any other Act--
(a) only one criminal proceeding may be
commenced in respect of an offence
30 constituted by the driving of any one
vehicle in a toll zone on any one day;
and
(b) only one infringement notice may be
issued in respect of an offence
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constituted by the driving of any one
vehicle in a toll zone on any one day--
regardless of how many toll zones the
vehicle is driven in during the course of that
5 day and how many trips the vehicle makes
during the course of that day and how many
different people drive the vehicle during the
course of that day.
(5) Sub-section (1) does not apply in respect of a
10 vehicle if it is exempted, in accordance with
the regulations, from the requirement to be
registered under this Part.
(6) Sub-section (1) does not apply in respect of a
vehicle that under the regulations is exempt
15 from the payment of tolls.
73A. Registration of vehicles
(1) A relevant corporation must establish and
maintain a register of vehicles.
(2) A relevant corporation may register a
20 vehicle--
(a) for a specified period; or
(b) until the happening of a specified
event; or
(c) for an unlimited period.
25 (3) A person may seek the registration under this
Part of a vehicle or more than one vehicle by
application made to the relevant corporation
in writing or orally or partly in writing and
partly orally.
30 (4) A relevant corporation may, in accordance
with this Part, cancel or suspend the
registration of a vehicle.
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73B. On-going registration
(1) Without limiting its discretion otherwise to
do so, a relevant corporation may refuse to
register a vehicle unless the vehicle is the
5 subject of an agreement that is wholly or
partly in writing between the relevant
corporation and the person seeking
registration.
(2) Without limiting the matters about which an
10 agreement referred to in sub-section (1) may
provide, it may--
(a) be expressed as having force for a
specified period or until the happening
of a specified event or for an unlimited
15 period; and
(b) contain specified terms including
conditions of use and procedures to be
followed to settle disputes that arise
under the agreement; and
20 (c) specify the circumstances in which, and
procedure by which, the agreement, or
the registration under this Part of a
vehicle that is the subject of the
agreement, may be cancelled or
25 suspended.
(3) The agreement by a relevant corporation to
register a vehicle under this Part is sufficient
consideration on the part of the relevant
corporation for an agreement referred to in
30 sub-section (1).
73C. Temporary registration
(1) A relevant corporation may register a vehicle
for a specified period of up to 27 hours
without an agreement of a kind referred to in
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section 73B(1) being in force in respect of
the vehicle.
(2) Registration in accordance with this
section--
5 (a) may be granted subject to conditions of
use notified to the person seeking the
registration either orally or in writing or
partly orally and partly in writing;
(b) if sought before noon on a particular
10 day, may be back-dated to a time not
earlier than the beginning of the
immediately preceding day.
(3) The agreement by a relevant corporation to
register a vehicle under this Part is sufficient
15 consideration on the part of the relevant
corporation for an arrangement entered into
in accordance with this section.
73D. Information to be given in relation to
registration
20 (1) If a relevant corporation agrees to register a
vehicle under this Part, it must give the
following information to the person who
sought the registration--
(a) confirmation that the vehicle has been,
25 or will be at a specified time,
registered;
(b) the licence plate number of the vehicle
as stated to the relevant corporation by
that person;
30 (c) an identifying number, or combination
of letters and numbers, for the
registration;
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(d) except in the case of a registration in
accordance with section 73C, the
conditions of use, if any;
(e) except in the case of a registration in
5 accordance with section 73C,
information about how the registration
may be cancelled or suspended;
(f) in the case of a registration in
accordance with section 73C, the
10 period to which the registration applies.
(2) The information referred to in sub-section
(1) is required to be given--
(a) orally or in writing, in the case of
information referred to in paragraph (a),
15 (b), (c) or (f) of that sub-section; and
(b) in writing, in the case of any other
information.
(3) The relevant corporation must give any
information referred to in sub-section (1) that
20 it has not given to the person seeking
registration before registering a vehicle to
that person--
(a) as soon as is practicable after
registering the vehicle; and
25 (b) in the case of information required to
be given in writing, by sending a notice
containing that information to that
person by post to an address nominated
by that person within 5 business days
30 after the date the registration is
effected.
Penalty: 100 penalty units.
73E. Cancellation or suspension of registration
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(1) If a relevant corporation cancels or suspends
the registration under this Part of a vehicle, it
must do so--
(a) by any method stated for that purpose
5 in an agreement relating to the vehicle;
or
(b) by giving notice of the cancellation or
suspension in one of the following
ways--
10 (i) by personal service of written
notice on the person who sought
the registration;
(ii) by personal service of written
notice at the last address given to
15 the relevant corporation by the
person who sought the registration
on a person who appears to be at
least 16 years of age;
(iii) by written notice posted to the last
20 address given to the relevant
corporation by the person who
sought the registration;
(iv) by written notice posted to the
address of the owner of the
25 vehicle to which the registration
applies;
(v) if the person who sought the
registration is a corporation--
(A) by personal service of
30 written notice at the
registered office of the
corporation on a person who
appears to be at least 16
years of age; or
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(B) by written notice posted to
the registered office of the
corporation.
(2) A person is deemed to have been given a
5 notice of cancellation or suspension--
(a) under sub-section (1)(b)(ii) on the next
business day after the notice was
served; or
(b) under sub-section (1)(b)(iii), (iv) or
10 (v)(B) on the third business day after
the envelope containing the notice was
posted; or
(c) under sub-section (1)(b)(v)(A) on the
day the notice was served.".
15 16. New section 75 substituted
For section 75 of the Principal Act substitute--
"75. Offence to fraudulently induce registration
A person must not by fraudulent or collusive
means, or by false representation, induce a
20 relevant corporation to register a vehicle
under this Part.
Penalty: 10 penalty units.".
17. Minor amendments concerning sentencing order
(1) In section 76(1) of the Principal Act--
25 (a) for "Link corporation" substitute "relevant
corporation";
(b) for the expression beginning "amount" and
ending at the end of the sub-section
substitute "prescribed administrative costs,
30 if any".
(2) In section 76(2) of the Principal Act, for "Link
corporation" substitute "relevant corporation".
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18. Process for enforcement of unpaid toll
(1) In section 77(1) of the Principal Act--
(a) for "Link corporation" (wherever occurring)
substitute "relevant corporation";
5 (b) for "toll charged under this Part has not been
paid in respect of the use of a vehicle on a
toll zone" substitute "vehicle that is not
registered under this Part has been driven in
a toll zone in contravention of this Part";
10 (c) for "non-payment" (where first occurring)
substitute "belief";
(d) for paragraph (a) substitute--
"(a) to send a notice of the requirement to
be registered under this Part to the
15 owner of the vehicle concerned; or";
(e) in paragraph (b) for "that person" substitute
"the owner of the vehicle involved in the
offence";
(f) in paragraph (c), for "non-payment"
20 substitute "offence".
(2) In section 77(1) of the Principal Act, paragraph
(a) is repealed.
(3) In section 77(2) of the Principal Act--
(a) for "Link corporation" substitute "relevant
25 corporation";
(b) for "the non-payment of a toll" substitute
"an offence under this Part".
(4) In section 78(1) of the Principal Act--
(a) for "the Link corporation" substitute "a
30 relevant corporation";
(b) for "person who appears to the enforcement
agency to be liable to pay the toll" substitute
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"owner of the vehicle to which the request
relates";
(c) for paragraphs (a) and (b) substitute--
"(a) requesting payment of the toll payable
5 in respect of the use of the vehicle in
the toll zone; and
(b) notifying the owner of the requirement
for the vehicle to be registered under
this Part.".
10 (5) Section 78(1) of the Principal Act is repealed.
(6) In section 78(2) of the Principal Act--
(a) for "relating to payment of a toll" substitute
"set out in an agreement referred to in
section 73B(1) or established by the relevant
15 corporation relating to the registration, or
non-registration, at a particular time of a
vehicle under this Part";
(b) for "non-payment of that toll" substitute
"non-registration of the vehicle at that time".
20 19. Changes concerning infringement notices
(1) In section 80 of the Principal Act--
(a) in sub-section (1), for "serve an infringement
notice" substitute "cause an infringement
notice to be served";
25 (b) in sub-section (2), for paragraph (b)
substitute--
"(b) by sending the notice by post addressed
to--
(i) the owner of the vehicle involved
30 in the offence; or
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(ii) the driver of that vehicle as shown
in a statement or declaration
supplied in accordance with
section 87(3)(a).".
5 (2) In section 80 of the Principal Act, after sub-
section (2) insert--
"(3) An enforcement officer may cause to be
served together with an infringement notice a
notice containing information about the
10 requirements arising under this Act in
relation to the use of a vehicle in a toll
zone.".
(3) In section 81 of the Principal Act--
(a) paragraph (c) is repealed;
15 (b) in paragraph (d)--
(i) omit "and that toll and those prescribed
costs";
(ii) omit ", toll and costs".
20. Prescribed penalty
20 In section 82 of the Principal Act, for "1 penalty
unit." substitute--
"--
(a) in the case of an offence committed during
the start-up period, the prescribed amount
25 not exceeding $100; and
(b) in the case of an offence committed after the
start-up period, $100.".
21. New section 86 substituted
For section 86 of the Principal Act substitute--
30 "86. Application of PERIN procedure
(1) The procedure set out in Schedule 7 to the
Magistrates' Court Act 1989 may be used
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instead of commencing a proceeding against
a person for an offence against section 73(1).
(2) The Magistrates' Court Act 1989, as
modified by sub-section (3), applies for the
5 purposes of sub-section (1).
(3) The Magistrates' Court Act 1989 applies as
if--
(a) an infringement notice under this Part
were an infringement notice within the
10 meaning of Schedule 7 to that Act;
(b) an offence against section 73(1) of this
Act were a prescribed offence within
the meaning of that Schedule;
(c) the prescribed penalty for the offence
15 stated in the infringement notice were
the infringement penalty for the
purposes of that Schedule.".
22. Clarification of effect of certain documents
(1) In the Principal Act--
20 (a) in section 87--
(i) in sub-section (1), for "If an offence
under section 73 is detected by a
prescribed tolling device," substitute
"If a vehicle is driven in a toll zone
25 contrary to section 73(1),";
(ii) in sub-section (2), for "and, if
applicable, the toll and prescribed costs
are paid and have" substitute "is paid
and has";
30 (b) in section 89(1), (2) and (3), for "evidence"
substitute "admissible in evidence in any
proceedings and, in the absence of evidence
to the contrary, is proof";
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(c) in section 89(2), after "registered" insert
"under the Road Safety Act 1986".
(2) For section 89(4) of the Principal Act
substitute--
5 "(4) A certificate in the prescribed form
purporting to be issued by a relevant
corporation, or a person authorised by a
relevant corporation, certifying--
(a) that a specified vehicle was, or was not,
10 registered under this Part at a specified
time; or
(b) that the relevant corporation was, or
was not, a party to an agreement
relating to the use of a specified vehicle
15 in a toll zone at a specified time; or
(c) that an agreement between a person and
the relevant corporation relating to the
use of a specified vehicle in a toll
zone--
20 (i) existed, or did not exist, at a
specified time; or
(ii) contained, or did not contain,
specified terms; or
(d) that a prescribed tolling device was
25 used in the prescribed manner; or
(e) that an image or message was produced
by a prescribed process; or
(f) as to any other matter that appears in,
or that can be determined or calculated
30 from, the records kept by the relevant
corporation--
is admissible in evidence in any proceedings
and, in the absence of evidence to the
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contrary, is proof of the matters stated in the
certificate.".
23. New section 88 substituted
For section 88 of the Principal Act substitute--
5 "88. Proof that vehicle driven in toll zone
Without prejudice to any other method of
proving the relevant fact, if the fact that a
vehicle was driven in a toll zone is relevant
in proceedings for an offence against section
10 73(1) or for the recovery of a debt, evidence
of that fact as indicated or determined by--
(a) a prescribed tolling device that was
used in the prescribed manner; or
(b) an image or message produced by a
15 prescribed process--
is admissible in evidence in any proceedings
and, in the absence of evidence to the
contrary, is proof of the fact.".
24. Minor and consequential amendments
20 In the Principal Act--
(a) in sections 12(1A)(b) and 12C(1)(d), for
"section 93J" substitute "Part 4";
(b) in sections 70, 72(1), (2) and (3) and
118(1)(b), for "on a toll zone" substitute "in
25 a toll zone";
(c) in section 72, for "Link corporation"
(wherever occurring) substitute "relevant
corporation";
(d) in section 83(3), omit "and any toll or costs";
30 (e) in section 84(1), omit "and the amount of the
toll and prescribed costs";
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(f) in section 84, sub-sections (3) and (4) are
repealed;
(g) in section 85(1)(a), omit "and the toll and
prescribed costs";
5 (h) in section 85(2), omit "and the toll and
prescribed costs";
(i) in sections 92(1) and 93(1), for "The Link
corporation" substitute "A relevant
corporation";
10 (j) section 93J is repealed.
25. New Division 3 inserted in Part 4
For sections 90 and 91 of the Principal Act
substitute--
'Division 3--Restrictions on the Disclosure and
15 Use of Certain Information
90. Meaning of "restricted tolling information"
In this section "restricted tolling
information" means any information
obtained from the records prepared by, or
20 for, a relevant agency in performing its
obligations, exercising its rights or carrying
out its functions under this Act, the
regulations, the Transport Act 1983, the
regulations under that Act, the Agreement or
25 the Extension Agreement in relation to--
(a) any of the following details concerning
a toll zone--
(i) the payment or non-payment by
any particular person of a toll;
30 (ii) the name and address of any
person using the toll zone;
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(iii) the licence plate number of any
vehicle using the toll zone or
registered under this Part;
(iv) the registration by a relevant
5 vehicle registration authority, or
the ownership, of any vehicle
using the toll zone;
(v) any other identifying information
in relation to the use of a vehicle
10 in the toll zone or to any person
using the toll zone;
(b) whether or not a relevant corporation
has registered a vehicle under this Part;
(c) the name of, address of, or any other
15 identifying information in relation to, a
person who sought the registration of a
vehicle under this Part;
(d) any information concerning any amount
that has been paid, or that is due, or that
20 stands to the credit of a person, in
respect of any registration of a vehicle
under this Part;
(e) any other information of a personal
nature or that has commercial
25 sensitivity for the person about whom it
is kept;
(f) any information relating to any other
matter of a class specified by the
regulations for the purposes of this
30 section.
90A. Tolling information not to be disclosed or
used except in specified circumstances
(1) This section applies to--
(a) a relevant agency; and
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(b) any person who is or was employed by,
or who is or was engaged to provide
services for, a relevant agency; and
(c) a person who is or was employed by, or
5 who is or was engaged to provide
services for, a person who is or was
employed by, or who is or was engaged
to provide services for, a relevant
agency; and
10 (d) any person who possesses any
restricted tolling information
(regardless of how, or from whom, the
person obtained possession of the
information).
15 (2) A person to whom this section applies must
not disclose or use restricted tolling
information unless the disclosure or use--
(a) is reasonably necessary to enable the
collection of tolls, or the taking of
20 enforcement action, under this Act; or
(b) is made with the consent of the person
to whom the information relates; or
(c) is made at the direction of the Minister;
or
25 (d) is made in circumstances in which the
person believes on reasonable grounds
that the disclosure or use is necessary to
prevent or lessen a serious and
imminent threat to the life or health of
30 one or more people; or
(e) is made to, or by, a person authorised
by the Minister under section 92(2) for
the purposes of an inspection by that
person under that section; or
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(f) is made to, or by, the Ombudsman to
enable the Ombudsman to fulfil her or
his duties; or
(g) involves information of a class
5 specified by the regulations for the
purposes of this section; or
(h) is made during the course of legal
proceedings; or
(i) is authorised by section 90B or 90D or
10 is otherwise authorised by this Act or
any other law.
Penalty: 100 penalty units.
(3) In addition, a relevant agency may disclose
or use restricted tolling information for the
15 purpose of performing its obligations,
exercising its rights or carrying out its
functions under this Act, the regulations, the
Transport Act 1983, the regulations under
that Act, the Agreement or the Extension
20 Agreement.
(4) The Minister must not, under sub-section
(2)(c), direct the disclosure or use of any
information that contains details that are
likely to lead to the identification of the
25 person to whom the information relates.
90B. Disclosure and use of information to and by
police
(1) In this section--
"enforcement of the criminal law" means
30 any activity in relation to--
(a) investigating or prosecuting an
indictable offence;
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(b) investigating whether an
indictable offence has been
committed;
(c) investigating or monitoring any
5 person who is reasonably
suspected of planning to commit,
being in the process of
committing, or having committed,
an indictable offence;
10 (d) detecting, or preventing, the
commission of indictable
offences;
(e) any other enforcement activity
that relates to indictable offences;
15 "indictable offence" includes any offence
committed outside Victoria that would
have been an indictable offence if
committed in Victoria.
(2) A person to whom section 90A applies may
20 disclose restricted tolling information to a
member of the police force if an authorised
police officer has certified in writing that the
disclosure is reasonably necessary for the
enforcement of the criminal law.
25 (3) If information is disclosed to a member of
the police force under sub-section (2), she or
he must not use that information, or disclose
the information to any other person, unless--
(a) she or he believes the use or disclosure
30 is reasonably necessary for the
enforcement of the criminal law; or
(b) the use or disclosure is otherwise
authorised under this Division.
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(4) A certificate under sub-section (2) may be
given in an electronic form (for example,
electronic mail).
90C. Records of disclosure and use by the police
5 (1) The Chief Commissioner of Police must
ensure that there are created in relation to--
(a) certificates that are issued by authorised
police officers for the purposes of
section 90B; and
10 (b) the disclosure or use of restricted
tolling information by members of the
police force--
any records that are reasonably required by
the Ombudsman, after consultation with the
15 Chief Commissioner, to enable the
Ombudsman to carry out the Ombudsman's
functions in relation to this Division.
(2) The Chief Commissioner of Police must also
ensure--
20 (a) that the records--
(i) are created in the form and
manner, and within the time; and
(ii) are kept in the manner--
reasonably required by the Ombudsman
25 after consultation with the Chief
Commissioner of Police; and
(b) that any record created under this
section is retained in the records of the
police force for a period of 2 years (or
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any other period specified by the
regulations for the purposes of this
section) after the date the record was
made.
5 (3) This section does not apply to the disclosure
or use of restricted tolling information by
members of the police force for the purpose
of taking enforcement action under this Act.
90D. Disclosure or use for purposes of court
10 orders etc.
(1) A person to whom section 90A applies may
disclose restricted tolling information to a
court, the sheriff, a person or body acting on
behalf of the State of Victoria or a law
15 enforcement agency to enable the court,
sheriff, person, body or agency to make,
enforce or execute a court order or judgment
in relation to an offence against this Part or a
liability arising under this Part.
20 (2) If information is disclosed under sub-section
(1), the court, sheriff, person, body or agency
may disclose or use that information to
make, enforce or execute any court order or
judgment (even if the order or judgment does
25 not relate to an offence against this Part or a
liability arising under this Part).
90E. Records of disclosure or use of restricted
tolling information to be kept
(1) A relevant agency--
30 (a) must record the following details of
each disclosure or use of restricted
tolling information that the relevant
agency makes--
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(i) the name of the person who
disclosed or used the information;
and
(ii) the date the disclosure or use was
5 made; and
(iii) in the case of a disclosure of the
information, the person or body to
whom the disclosure was made;
and
10 (iv) in the case of a use of the
information, a brief description of
how the information was used;
and
(v) the authority (for example, the
15 relevant section of this Act) under
which the disclosure or use was
made; and
(vi) if the authority under which the
disclosure or use was made
20 involved a document (for
example, a warrant, certificate of
an authorised police officer or a
consent), a copy of that document;
and
25 (b) must make the record as soon as is
practicable, and in any case not later
than 5 business days after, the
disclosure or use occurs; and
(c) must retain the record--
30 (i) in a form that enables the record
to be readily inspected; and
(ii) for a period of 2 years (or any
other period specified by the
regulations for the purposes of this
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section) after the date the record
was made.
Penalty: 100 penalty units.
(2) Sub-section (1) does not apply to any of the
5 following--
(a) any disclosure or use that is reasonably
necessary to enable the collection of
tolls, the registration of a vehicle under
this Part or the taking of enforcement
10 action, under this Act;
(b) any disclosure or use of restricted
tolling information by a relevant
agency for the purpose of performing
its obligations, exercising its rights or
15 carrying out its functions under this
Act, the regulations, the Transport Act
1983, the regulations under that Act,
the Agreement or the Extension
Agreement;
20 (c) any disclosure or use that is made under
section 90D.
(3) A relevant agency must not, in purporting to
comply with this section, make any record,
or any entry in any record, that the agency
25 knows is false or misleading.
Penalty: 100 penalty units.
90F. Application of Division to enforcement
agency
(1) Despite anything to the contrary in this
30 Division, it does not operate to create an
offence with respect to any conduct engaged
in by a person who is a member of the force
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within the meaning of the Police Regulation
Act 1958.
(2) Nothing in sub-section (1) prevents conduct,
which would have constituted an offence
5 against this Division if the person who
engaged in it had not been a member of the
force at the time of engaging in it, from
constituting a breach of discipline within the
meaning of the Police Regulation Act 1958.
10 91. Roads Corporation can disclose certain
information
(1) Despite anything to the contrary in section
92(2) of the Road Safety Act 1986, the
Roads Corporation or a relevant person
15 within the meaning of that section may
disclose information about the registration
under that Act or ownership of any vehicle
for the purposes of this Part--
(a) to the enforcement agency; or
20 (b) to a person who is employed by, or who
is engaged to provide services for, the
Roads Corporation, relevant person or
the enforcement agency.
(2) The Roads Corporation or a relevant person
25 may disclose the information even if it has
not entered into a confidentiality agreement
under section 92 of the Road Safety Act
1986 with the enforcement agency or
person.'.
30 26. Inspection of records
(1) In section 92 of the Principal Act, for sub-section
(2) substitute--
"(2) A person authorised by the Minister may
enter the offices of a relevant agency during
35 ordinary business hours to inspect its records
34
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required by, or created for the purposes of,
this Part.".
(2) In section 92(3) of the Principal Act, for "The
Link corporation" substitute "A relevant agency".
5 27. Leasing powers
In section 93G of the Principal Act, sub-section
(3) is repealed.
28. New section 93GA inserted
After section 93G of the Principal Act insert--
10 "93GA. Interim operation
(1) The Minister may by Order published in the
Government Gazette declare that this section
applies to land in the Extension Project area
specified in the Order.
15 (2) On the publication of an Order under sub-
section (1) in respect of any land--
(a) this Act applies to that land as if any
reference in this Act to leased land or
land leased under section 93G included
20 a reference to that land; and
(b) section 93I applies to that land as if any
reference in that section to the grant of
a lease under section 93G were a
reference to the making of an Order
25 under sub-section (1) in respect of that
land.
(3) The Minister may by Order published in the
Government Gazette declare that this section
no longer applies to certain land.
30 (4) This section ceases to apply to land--
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(a) on the grant of a lease of that land
under section 93G; or
(b) on the publication of an Order under
sub-section (2) in respect of the land--
5 whichever is the earlier.".
29. New section 93H substituted
For section 93H of the Principal Act substitute--
"93H. Declaration of Extension road
(1) The Minister may from time to time declare
10 any part of the land in the Extension Project
area to be a road.
(2) The Minister must cause a notice of a
declaration under sub-section (1) to be
published in the Government Gazette.
15 (3) On the publication of a notice of a
declaration under sub-section (2), the road
specified in the declaration is deemed to
be--
(a) a declared road within the meaning of
20 the Transport Act 1983; and
(b) a road open to and for use by the public
for passage with vehicles; and
(c) a highway within the meaning of the
Road Safety Act 1986.
25 (4) This section does not affect the grant or
operation of a lease despite anything to the
contrary in Schedule 5 of the Transport Act
1983.".
30. New sections 114A and 114B inserted
30 After section 114 of the Principal Act insert--
'114A. Removal of stationary vehicles
36
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(1) The relevant corporation, or any person
authorised to do so by the relevant
corporation, may move or cause to be moved
from the Link road or the Extension road any
5 vehicle--
(a) that is parked or left standing on that
road contrary to any law; or
(b) that in the opinion of the relevant
corporation or person--
10 (i) is, or is likely to be or to cause, a
danger to other road users; or
(ii) is causing, or is likely to cause,
traffic congestion; or
(c) that is disabled or damaged.
15 (2) A person acting in accordance with sub-
section (1)--
(a) may enter a vehicle using, if necessary,
reasonable force, for the purpose of
conveniently or expeditiously moving
20 it; and
(b) may move the vehicle to the nearest
convenient place.
(3) In the case of the removal of a vehicle
damaged at an accident scene on the Link
25 road or the Extension road, sub-sections (1)
and (2) are not intended to remove any
obligation imposed on a person by section
183B of the Transport Act 1983.
(4) A relevant corporation may recover from the
30 owner of a vehicle moved or stored under
this section any reasonable costs incurred in
moving or storing it.
37
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(5) In this section "vehicle" includes anything
attached to, within, or on, the vehicle.
114B. Removal of abandoned property
The relevant corporation may remove any
5 thing on the Link road or the Extension road
that appears to have been abandoned.'.
31. Regulations
(1) In section 118(1) of the Principal Act--
(a) after paragraph (b) insert--
10 "(ba) prescribing the manner in which such
tolling devices are to be installed, set
up, tested, operated, used, maintained
or repaired;
(bb) prescribing the manner in which
15 information from such tolling devices is
to be processed, stored, transferred,
produced, re-configured, used to
produce reports, images or other forms
of information, destroyed or otherwise
20 handled;";
(b) in paragraph (c), for "persons or classes of
persons" substitute "vehicles or classes of
vehicles";
(c) after paragraph (c) insert--
25 "(ca) the exemption by a relevant corporation
of vehicles from the requirement to be
registered under Part 4;";
(d) paragraph (d) is repealed;
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(e) in paragraph (f), for "scales of costs"
substitute "administrative costs".
(2) In section 118 of the Principal Act, after sub-
section (1) insert--
5 "(1A) Regulations made under this Act prescribing
an amount as the prescribed penalty for an
offence committed during the start-up period
within the meaning of Part 4 for which an
infringement notice is issued under that Part
10 may be made so as to prescribe a different
amount according to the number of such
infringement notices issued in respect of the
same alleged offender within that period.".
32. Insertion of Division headings
15 In the Principal Act--
(a) before section 69 insert--
"Division 1--Definitions";
(b) before section 70 insert--
"Division 2 --Fixing and Enforcement of
20 Tolls";
(c) before section 92 insert--
"Division 4--Records".
33. Amendment of Schedule 4
After item 1 of Schedule 4 of the Principal Act
25 insert--
"Item 2
Situation and area of land : East Melbourne, City of
Melbourne, Parish of
Melbourne North, County of
Bourke, 10·40 hectares,
being Crown Allotment 2,
Section 19D, less authorised
excisions
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Instrument and date of Order in Council dated
reservation : 17 March 1970
Description of land by Government Gazette dated
reference to Government 11 February 1970, page 375
Gazette : and 25 March 1970,
page 831
Purpose of reservation : Sport, recreation and
entertainment
Extent of revocation : Stratum of land shown on
the plan numbered
LEGL./98-76 and lodged in
the Central Plan Office.".
_______________
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PART 3--AMENDMENTS TO THE OMBUDSMAN ACT 1973
34. Definition
No. 8414.
In the definition of "principal officer" in section 2
Reprint No. 5
of the Ombudsman Act 1973, at the end of as at
5 paragraph (c) insert-- 1 January
1997. Further
"; and amended by
Nos 93/1997,
15/1998 and
(d) in relation to the police force--
46/1998.
the Chief Commissioner of Police;".
35. Ombudsman to have additional functions
10 (1) After section 13(2) of the Ombudsman Act 1973
insert--
"(2AA) The Ombudsman is also to monitor
compliance by members of the police force
with Division 3 of Part 4 of the Melbourne
15 City Link Act 1995.
(2AB) The Ombudsman must review the records of
the police force at least twice during each
financial year to monitor compliance by
members of the force with Division 3 of
20 Part 4 of the Melbourne City Link Act
1995.".
(2) After section 13(3A)(b) of the Ombudsman Act
1973 insert--
"; or
25 (c) for the purpose of--
(i) carrying out a function under sub-
section (2AA) or (2AB); or
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(ii) investigating the disclosure or use by a
member of the police force of restricted
tolling information within the meaning
of the Melbourne City Link Act
5 1995.".
36. New Division 3A inserted in Part IV
After section 22 of the Ombudsman Act 1973
insert--
'Division 3A--Investigations under Melbourne
10 City Link Act 1995
22A. Definitions
In this Division "relevant agency" and
"restricted tolling information" have the
same meanings as they have in Division 3 of
15 Part 4 of the Melbourne City Link Act
1995.
22B. Powers in relation to toll reviews and
investigations
(1) The Ombudsman or an employee referred to
20 in section 7 authorised by the Ombudsman in
that behalf may--
(a) enter at any time any premises occupied
by the police force at which the
Ombudsman reasonably believes there
25 are police records that contain, or relate
to, restricted tolling information; and
(b) enter the offices of a relevant agency
(except premises occupied by the police
force) during ordinary business hours to
30 inspect or copy any records that
contain, or relate to, restricted tolling
information that relates, or that may
relate, to any investigation or review
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being, or about to be, carried out under
this Act; and
(c) inspect or copy any record or
information found at any place entered
5 under paragraph (a) or (b);
(d) report the results of any inspections
carried out under this section to the
Minister; and
(e) do anything that it is necessary or
10 convenient to do to enable an
inspection to be carried out under this
section.
(2) The Ombudsman may only exercise a power
of entry under this section after she or he
15 notifies the following of the intended entry--
(a) in the case of an entry onto any
premises occupied by the police force,
the Chief Commissioner of Police;
(b) in the case of an entry onto the offices
20 of a relevant agency, the chief
executive officer (by whatever name
called) of the relevant agency.
22C. Police must provide reasonable assistance
The Chief Commissioner of Police must
25 ensure that members of the police force give
the Ombudsman any assistance the
Ombudsman reasonably requires to enable
the Ombudsman to exercise the
Ombudsman's functions in relation to
30 Division 3 of Part 4 of the Melbourne City
Link Act 1995.'.
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s. 37
Act No.
37. New section 25A inserted
After section 25 of the Ombudsman Act 1973
insert--
"25A. Reports about tolling information review
5 (1) The Ombudsman must give the Minister
administering the Melbourne City Link Act
1995 a written report of the results of the
reviews required by section 13(2AB) as soon
as is practicable, and in any event within
10 3 months, after the end of the financial year
in which the reviews occurred.
(2) The Ombudsman must give a copy of the
report to the Chief Commissioner of Police
and to the Attorney-General.".
15 _______________
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Melbourne City Link (Amendment) Act 1998
s. 38
Act No.
PART 4--AMENDMENTS TO THE TRANSPORT ACT 1983
38. Transport Act 1983
No. 9921.
In section 56A of the Transport Act 1983, for
Reprint No. 6
sub-section (9) substitute-- as at 1 July
1998.
5 "(9) Clauses 16 and 18 of Schedule 5 do not
apply to that part of the Link road which by a
declaration under section 61 of the
Melbourne City Link Act 1995 is to be
treated as a freeway.
10 (9A) Clauses 16, 17, 18 and 20 of Schedule 5 do
not apply to that part of the Link road which
by a declaration under section 61 of the
Melbourne City Link Act 1995 is to be
treated as a State highway.".
15 39. Widening of grounds for issuing of towing licences
(1) After section 172D(3) of the Transport Act 1983
insert--
"(3A) Despite sub-section (2), the Minister may
also authorise the licensing authority to grant
20 new heavy accident tow truck towing
licences to a relevant agency within the
meaning of Part 4 of the Melbourne City
Link Act 1995 (other than the enforcement
agency within the meaning of that Act) if, in
25 the opinion of the Minister, the grant of the
licences is necessary to enable the relevant
agency to perform its obligations, exercise
its rights or carry out its functions under that
Act, the regulations under that Act, this Act,
30 the regulations under this Act or the
Agreement or the Extension Agreement (as
defined in that Act).
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s. 39
Act No.
(3B) If the Minister authorises the licensing
authority to grant licences under sub-section
(3A)--
(a) the Minister may require the licensing
5 authority to impose specified
conditions on the licences; and
(b) section 172F does not apply to the issue
of those licences.".
(2) After section 172E(4) of the Transport Act 1983
10 insert--
"(4A) Despite sub-sections (2) and (3), the Minister
may also authorise the licensing authority to
grant new accident towing licences to a
relevant agency within the meaning of Part 4
15 of the Melbourne City Link Act 1995
(other than the enforcement agency within
the meaning of that Act) if, in the opinion of
the Minister, the grant of the licences is
necessary to enable the relevant agency to
20 perform its obligations, exercise its rights or
carry out its functions under that Act, the
regulations under that Act, this Act, the
regulations under this Act or the Agreement
or the Extension Agreement (as defined in
25 that Act).
(4B) If the Minister authorises the licensing
authority to grant licences under sub-section
(4A)--
(a) the Minister may require the licensing
30 authority to impose specified
conditions on the licences; and
(b) section 172G does not apply to the
issue of those licences.".
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Melbourne City Link (Amendment) Act 1998
s. 40
Act No.
(3) In section 172H(7) of the Transport Act 1983,
after "licence" insert "(other than a licence to
which sub-section (7A) applies)".
(4) After section 172H(7) of the Transport Act 1983
5 insert--
"(7A) An application for a licence being issued as a
result of an authorisation under section
172D(3A) or 172E(4A) must be
accompanied by--
10 (a) any details or documents required by
the licensing authority; and
(b) the appropriate application fee
determined under section 147B.".
(5) In section 147B(1)(a) of the Transport Act 1983,
15 after "172H(7)" insert "and (7A)".
40. Amendment concerning tow truck drivers
After section 183B(3) of the Transport Act 1983
insert--
"(4) This section does not apply to a tow truck
20 driver who attends an accident scene, or who
tows or attempts to tow a damaged vehicle
from an accident scene, if--
(a) the accident scene is on the Link road
or the Extension road (within the
25 meaning of the Melbourne City Link
Act 1995); and
(b) the tow truck driver is authorised by the
relevant corporation (within the
meaning of the Melbourne City Link
30 Act 1995) to attend accident scenes on
that road; and
(c) in a case in which the tow truck driver
tows the damaged vehicle from the
accident scene, the tow truck driver
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Melbourne City Link (Amendment) Act 1998
s. 41
Act No.
tows the vehicle to a depot approved by
the licensing authority.".
41. New section 183C inserted
After section 183B of the Transport Act 1983
5 insert--
"183C. Offence to tow vehicle from certain depots
without authorisation
A tow truck driver must not, without having
obtained authorisation from, and been given
10 a job number by, an allocation centre tow, or
attempt to tow, a damaged vehicle from a
depot approved for the purposes of section
183B(4)(c) that was towed to that depot in
the circumstances set out in section
15 183B(4).".
_______________
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Melbourne City Link (Amendment) Act 1998
s. 42
Act No.
PART 5--AMENDMENTS TO OTHER ACTS
No. 89/1994.
42. Amendment of Impounding of Livestock Act 1994
Reprint No. 1
After section 5(2)(d) of the Impounding of as at 13
March 1997.
Livestock Act 1994 insert--
5 "(e) in the case of the Link road or the Extension
road within the meaning of the Melbourne
City Link Act 1995, a person authorised by
the relevant corporation within the meaning
of that Act if the livestock are trespassing on
10 or near that road.".
43. New section 13A inserted in Impounding of Livestock
Act 1994
After section 13 of the Impounding of Livestock
Act 1994 insert--
15 "13A. Duties of person authorised by relevant
corporation
A person who is authorised by a relevant
corporation under section 5(2)(e) and who
impounds livestock must deliver that
20 livestock to the nearest convenient pound as
soon as is practicable after impounding the
livestock.".
No. 51/1989.
44. Amendment of Magistrates' Court Act 1989
Reprint No. 5
(1) In section 124B(1) of the Magistrates' Court Act as at 1 July
1998. Further
25 1989, at the end of paragraph (d) insert-- amended by
Nos 84/1997
"; or and 15/1998.
(e) the police force of Victoria under Part 4 of
the Melbourne City Link Act 1995 that are
of a similar nature to the functions of the
30 police force of Victoria referred to in
paragraph (c) or (d).".
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Melbourne City Link (Amendment) Act 1998
s. 45
Act No.
(2) In clause 4(2) of Schedule 7 to the Magistrates'
Court Act 1989, at the end of paragraph (i)
insert--
"; and
5 (j) if the infringement notice was issued in respect of an
offence against section 73(1) of the Melbourne City
Link Act 1995, the person was at the time of the
alleged offence--
(i) the owner of the vehicle within the meaning of
10 Part 4 of that Act; or
(ii) the driver of the vehicle as shown in a
statement or declaration supplied in accordance
with section 87(3)(a) of that Act.".
(3) In clause 14(2) of Schedule 7 to the Magistrates'
15 Court Act 1989, at the end of paragraph (c)
insert--
"; or
(d) if the infringement notice was issued in respect of an
offence against section 73(1) of the Melbourne City
20 Link Act 1995--
(i) to the last address of the owner of the vehicle
within the meaning of Part 4 of that Act; or
(ii) if a statement or declaration has been supplied
by the owner of the vehicle under section
25 87(3)(a) of that Act, to the last address of the
person alleged in that statement or declaration
to have been the driver of the vehicle.".
No. 84/1995. 45. New section 9AA inserted in Road Transport
Reprint No. 1
(Dangerous Goods) Act 1995
as at 7 April
1998. Further
30 In the Road Transport (Dangerous Goods) Act
amended by
1995, after section 9 insert--
No. 52/1998.
'9AA. Competent Authority may determine routes,
etc. for dangerous goods
(1) A Competent Authority may, by notice
35 published in the Government Gazette,
prohibit absolutely or subject to conditions
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s. 45
Act No.
or restrictions, the transport by road of
specified dangerous goods by all vehicles or
vehicles of a specified class--
(a) along a specified route; or
5 (b) in or through a specified area; or
(c) at a specified time or during a specified
period.
(2) A notice under sub-section (1) may impose a
duty to comply with it on a specified class of
10 person.
(3) A person who is under a duty to comply with
a notice published under sub-section (1)
must not contravene the notice.
Penalty: 15 penalty units.
15 (4) The applied provisions do not operate to
prevent a notice published under sub-section
(1) having effect despite anything to the
contrary in section 9.
(5) In this section, "Competent Authority",
20 "dangerous goods" and "vehicle" have the
same meanings as they have in the applied
provisions.'.
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Melbourne City Link (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
52
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Melbourne City Link (Amendment) Act 1998
Act No.
53
532124B.I1-20/10/98
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