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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Mitcham-Frankston Project (Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Definition 2
4. New section 4 substituted 2
4. The Project 2
5. Project area 3
6. Extended Project area 3
7. Changes to Project area and Extended Project area 4
8. New section 7A inserted 4
7A. Consolidated Plans 4
9. New section 10 substituted 5
10. Freeway Corporation 5
10. New section 12 substituted 6
12. Delegation by Freeway Corporation 6
11. Delegation by Minister 7
12. Information privacy 8
13. New section 31A inserted 8
31A. Payments for performance 8
14. Power of Authority to purchase land 8
15. Authority may carry out or authorise works on public land 9
16. Temporary access to Crown land 9
17. New section 88A inserted 10
88A. Powers in relation to easements 10
18. Authority may issue licence for purposes of Project 10
19. Fixing of tolls and toll administration fees 11
20. Liability to pay toll and fees 11
21. Exemptions from toll and fees 11
22. Owner not liable if statement supplied 12
23. Charge of toll 12
24. Offence to drive on Freeway without payment of toll 13
25. Notice of non-payment of toll 13
26. Withdrawal of notice 13
27. Owner onus 14
28. Evidence of certificate issued by Freeway Corporation 15
29. Limitation on powers to make laws 15
30. Taxes and duties 15
31. Regulations 15
i
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Clause Page
32. Repeal of Part 12 16
33. Amendments to the Road Management Act 2004 16
34. Amendment to Southern and Eastern Integrated Transport
Authority Act 2003--New section 4 16
4. The Project 16
ENDNOTES 17
ii
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Mitcham-Frankston Project Act 2004, the Road
Management Act 2004 and the Southern and Eastern Integrated
Transport Authority Act 2003 and for other purposes.
Mitcham-Frankston Project
(Amendment) Act 2005
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to amend the Mitcham-Frankston Project
Act 2004--
(i) to include the construction of the
5
Dandenong Southern By-Pass in the
Project; and
1
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 2
Act No.
(ii) to improve the operation of the tolling
provisions; and
(iii) to improve generally the operation of
that Act; and
(b) to amend the Road Management Act 2004
5
in relation to the functions of the Mitcham-
Frankston Freeway Corporation; and
(c) to amend the Southern and Eastern
Integrated Transport Authority Act 2003
to include the construction of the Dandenong
10
Southern By-Pass in the Project.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Definition
15
See: In section 3 of the Mitcham-Frankston Project
Act No.
Act 2004, for the definition of "Freeway
39/2004 and
amending Corporation" substitute--
Act Nos
81/2004 and
' "Freeway Corporation" means the person
108/2004.
who, for the time being, is the Freeway
20 LawToday:
www.dms.
Corporation under section 10;'.
dpc.vic.
gov.au
4. New section 4 substituted
For section 4 of the Mitcham-Frankston Project
Act 2004 substitute--
"4. The Project
25
In this Act, a reference to the Project is a
reference to the project for--
(a) an integrated transport corridor
connecting the Eastern Freeway to the
Frankston Freeway including tunnels
30
under the Mullum Mullum Creek; and
2
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 5
Act No.
(b) a link with the Ringwood By-Pass; and
(c) the construction of the Dandenong
Southern By-Pass.".
5. Project area
(1) In section 5(1) of the Mitcham-Frankston
5
Project Act 2004 for "sub-section (2)" substitute
"sub-sections (2) and (3)".
(2) After section 5(2) of the Mitcham-Frankston
Project Act 2004 insert--
"(3) If consolidated plans of the Project area have
10
been approved under section 7A, then for the
purposes of this Act, the Project area means
the areas of land shown as the Project area
on the current approved consolidated plans
or, if any of those areas of land is varied in
15
accordance with this Part, those areas as so
varied.".
6. Extended Project area
(1) In section 6(1) of the Mitcham-Frankston
Project Act 2004 for "sub-section (2)" substitute
20
"sub-sections (2) and (3)".
(2) After section 6(2) of the Mitcham-Frankston
Project Act 2004 insert--
"(3) If consolidated plans of the Extended Project
area have been approved under section 7A,
25
then for the purposes of this Act, the
Extended Project area means the areas of
land shown as the Extended Project area on
the current approved consolidated plans or, if
any of those areas of land is varied in
30
accordance with this Part, those areas as so
varied.".
3
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 7
Act No.
7. Changes to Project area and Extended Project area
After section 7(5) of the Mitcham-Frankston
Project Act 2004 insert--
"(5A) For the purposes of sub-section (5), the
appropriate plans may show the Project area
5
or Extended Project area as varied.".
8. New section 7A inserted
After section 7 of the Mitcham-Frankston
Project Act 2004 insert--
"7A. Consolidated Plans
10
(1) The Governor in Council may, by Order
published in the Government Gazette,
approve consolidated plans of the Project
area incorporating all variations to the
Project area made under section 7 up to the
15
date of the Order.
(2) The Governor in Council may, by Order
published in the Government Gazette,
approve consolidated plans of the Extended
Project area incorporating all variations to
20
the Extended Project area made under
section 7 up to the date of the Order.
(3) An Order under this section takes effect on
the day that it is published in the
Government Gazette or, if a later day is
25
specified in the Order, on that day.
(4) An Order under this section must be made on
the recommendation of the Minister.
4
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 9
Act No.
(5) The Minister must not make a
recommendation under sub-section (4)
unless the Minister has received the
appropriate consolidated plans, which have
been--
5
(a) signed by the Surveyor-General; and
(b) lodged at the Central Plan Office.
(6) An Order under this section approving
consolidated plans for the Project area
revokes and replaces any existing approved
10
consolidated plans for the Project area.
(7) An Order under this section approving
consolidated plans for the Extended Project
area revokes and replaces any existing
approved consolidated plans for the
15
Extended Project area.".
9. New section 10 substituted
For section 10 of the Mitcham-Frankston
Project Act 2004 substitute--
"10. Freeway Corporation
20
(1) Subject to this section, ConnectEast Pty
Limited A.C.N. 101 213 263 is the Freeway
Corporation.
(2) If the person who is, for the time being, the
Freeway Corporation agrees to the
25
declaration of another person as the Freeway
Corporation in its place, the Governor in
Council may, by Order published in the
Government Gazette, declare that other
person to be the Freeway Corporation.
30
5
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 10
Act No.
(3) If the Agreement is terminated, the Governor
in Council may, by Order published in the
Government Gazette--
(a) declare that the person who,
immediately before the termination,
5
was the Freeway Corporation has
ceased to be the Freeway Corporation;
and
(b) declare a person specified in the Order
to be the Freeway Corporation.
10
(4) An Order under this section takes effect on
the day that it is published in the
Government Gazette, or if a later day is
specified in the Order, on that later day.".
10. New section 12 substituted
15
For section 12 of the Mitcham-Frankston
Project Act 2004 substitute--
'12. Delegation by Freeway Corporation
(1) Subject to this section, the Freeway
Corporation may, by instrument, delegate to
20
an approved corporation any of the powers
and functions of the Freeway Corporation
under--
(a) this Act or the regulations (except this
power of delegation); or
25
(b) the Road Management Act 2004 or
the regulations under that Act; or
(c) the Road Safety Act 1986 or the
regulations under that Act.
(2) If the Freeway Corporation delegates any
30
power or function under this section the
Freeway Corporation must publish a notice
of that delegation in the Government
Gazette.
6
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 11
Act No.
(3) The Minister may recommend to the
Governor in Council that a particular
corporation be approved for the purpose of
this section, if the Minister is satisfied that it
is necessary and appropriate to do so to give
5
effect to the Agreement.
(4) The Governor in Council may, on the
recommendation of the Minister, by Order
published in the Government Gazette,
approve a corporation for the purposes of
10
this section.
(5) In this section "approved corporation"
means--
(a) a Concessionaire within the meaning of
the Agreement; or
15
(b) the Construction Contractor within the
meaning of the Agreement; or
(c) the Operator within the meaning of the
Agreement; or
(d) a corporation approved under sub-
20
section (4).'.
11. Delegation by Minister
For section 13(1) of the Mitcham-Frankston
Project Act 2004 substitute--
"(1) The Minister may, by instrument, delegate
25
any of the powers of the Minister under this
Act or the Agreement to--
(a) the Authority; or
(b) an employee of the Authority; or
(c) a person employed under Part 3 of the
30
Public Administration Act 2004; or
(d) a public authority.".
7
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 12
Act No.
12. Information privacy
After section 30(2) of the Mitcham-Frankston
Project Act 2004 insert--
"(3) Despite sub-section (1), the Information
Privacy Act 2000 does not apply in relation
5
to acts done or practices engaged in by the
Freeway Corporation under the Agreement
to the extent that the Freeway Corporation is
bound by an approved privacy code within
the meaning of the Privacy Act 1988 of the
10
Commonwealth in relation to those acts and
practices.".
13. New section 31A inserted
After section 31 of the Mitcham-Frankston
Project Act 2004 insert--
15
"31A. Payments for performance
The Freeway Corporation must comply with
a requirement under the Agreement that the
Freeway Corporation pay an amount to the
State or another person, or credit the State or
20
another person with an amount, in relation to
the performance of the Freeway Corporation
under the Agreement even if the requirement
is a penalty.".
14. Power of Authority to purchase land
25
After section 54(4) of the Mitcham-Frankston
Project Act 2004 insert--
"(5) If an Order has been published under
section 55 requiring a public authority to
surrender land to the Crown or divesting land
30
from a public authority and at the time the
public authority acquired the land it did not
acquire the whole of the parcel of which the
land formed part, the Authority may
purchase the rest of the parcel of land under
35
8
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 15
Act No.
this Division even if the rest of the parcel is
not required for the purposes of the Project
or for the purposes of sub-section (2).".
15. Authority may carry out or authorise works on
public land
5
(1) In section 86(2) of the Mitcham-Frankston
Project Act 2004 for "or public authority"
substitute ", public authority or Council".
(2) After section 86(3) of the Mitcham-Frankston
Project Act 2004 insert--
10
'(4) An authorisation under this section may be
given subject to any conditions that are not
inconsistent with the Agreement.
(5) An authorisation that is inconsistent with the
Agreement is invalid only to the extent of the
15
inconsistency.
(6) In this section, "public land" includes land
owned by or vested in a Council.'.
16. Temporary access to Crown land
After section 88(4) of the Mitcham-Frankston
20
Project Act 2004 insert--
"(4A) An authorisation under this section may be
given subject to any conditions that are not
inconsistent with the Agreement.
(4B) An authorisation that is inconsistent with the
25
Agreement is invalid only to the extent of the
inconsistency.".
9
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 17
Act No.
17. New section 88A inserted
After section 88 of the Mitcham-Frankston
Project Act 2004 insert--
"88A. Powers in relation to easements
(1) Without limiting any other power of the
5
Authority under this Act, if an easement is
acquired under Part 3, the Authority may
carry out or authorise any other person to
carry out any works on the land in that
easement.
10
(2) An authorisation under this section may be
given subject to any conditions that are not
inconsistent with the Agreement.
(3) An authorisation that is inconsistent with the
Agreement is invalid only to the extent of the
15
inconsistency.".
18. Authority may issue licence for purposes of Project
(1) In section 90(3) of the Mitcham-Frankston
Project Act 2004 for "or public authority"
substitute ", public authority or Council".
20
(2) For section 90(5) of the Mitcham-Frankston
Project Act 2004 substitute--
'(5) In this section--
"former Project land" means land in the
Project area that was reserved Project
25
land but in respect of which the
reservation for the purposes of the
Project has been revoked;
"public land" includes land owned by or
vested in a Council.'.
30
10
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 19
Act No.
19. Fixing of tolls and toll administration fees
After section 195(2) of the Mitcham-Frankston
Project Act 2004 insert--
"(2A) In addition to any other fees fixed under sub-
section (1)(c), a notice under sub-section (1)
5
may, without specifying an amount, permit
the Freeway Corporation to recover, as toll
administration fees in respect of a vehicle,
any fees from time to time charged by
VicRoads to the Freeway Corporation under
10
the Road Safety Act 1986 for the provision
of information about the ownership of the
vehicle.".
20. Liability to pay toll and fees
In sections 197(1)(b) and 197(2) of the Mitcham-
15
Frankston Project Act 2004 for "fee" substitute
"fees".
21. Exemptions from toll and fees
(1) In the heading to section 198 of the Mitcham-
Frankston Project Act 2004 for "fee" substitute
20
"fees".
(2) In sections 198(1) and 198(2) of the Mitcham-
Frankston Project Act 2004 for "fee is"
substitute "fees are".
(3) After section 198(3) of the Mitcham-Frankston
25
Project Act 2004 insert--
'(4) Nothing in this section prevents a freeway
agreement from being entered into within the
allowable agreement period after the use of
the vehicle in a toll zone.
30
(5) In this section "allowable agreement
period" means 72 hours, or if a longer
period is prescribed, that longer period.'.
11
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 22
Act No.
22. Owner not liable if statement supplied
In section 199(1) of the Mitcham-Frankston
Project Act 2004 for "a demand" (wherever
occurring) substitute "the first demand".
23. Charge of toll
5
(1) In section 200(1) of the Mitcham-Frankston
Project Act 2004 for "fee" (wherever occurring)
substitute "fees".
(2) In section 200(2) of the Mitcham-Frankston
Project Act 2004--
10
(a) after "demand" insert "under sub-
section (1)";
(b) in paragraph (b) for "fee is" substitute
"fees are";
(c) in paragraph (c) for "fee" substitute "fees".
15
(3) After section 200(2) of the Mitcham-Frankston
Project Act 2004 insert--
'(3) If all or any of the amount of a toll or toll
administration fees is not paid within
14 days after the service on a person of a
20
first demand for payment of that toll and
those fees, the Freeway Corporation may
serve a second demand for the payment of
any unpaid amount of the toll and the
relevant toll administration fees (which may
25
include an increased fee for the second
demand).
(4) A demand under sub-section (3)--
(a) must be in writing; and
(b) must identify separately each trip for
30
which a toll and toll administration fees
are payable; and
12
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 24
Act No.
(c) be served on the person on whom the
first demand was served.
(5) A demand must not be made of a person
under this section in relation to the use of a
vehicle in a toll zone before the end of the
5
allowable agreement period after that use.
(6) In this section "allowable agreement
period" means 72 hours, or if a longer
period is prescribed for the purposes of
section 198, that longer period.'.
10
24. Offence to drive on Freeway without payment of toll
(1) For section 204(1)(b) of the Mitcham-Frankston
Project Act 2004 substitute--
"(b) a demand is served on the person under
section 200(3) for the payment of any
15
relevant toll and toll administration fees for
that use of the vehicle on the Mitcham-
Frankston Freeway; and".
(2) In section 204(1)(c) of the Mitcham-Frankston
Project Act 2004 for "fee" substitute "fees".
20
25. Notice of non-payment of toll
In section 207(3) of the Mitcham-Frankston
Project Act 2004 for "fee" substitute "fees".
26. Withdrawal of notice
(1) For section 214(1) of the Mitcham-Frankston
25
Project Act 2004, substitute--
"(1) An enforcement officer may withdraw an
infringement notice by serving a withdrawal
notice on the person served with the
infringement notice--
30
(a) at any time within 28 days after the date
on which the infringement notice was
served; or
13
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 27
Act No.
(b) at the request of the person served with
the infringement notice, at any later
time.".
(2) After section 214(2) of the Mitcham-Frankston
Project Act 2004 insert--
5
"(2A) Despite sub-section (1), an infringement
notice cannot be withdrawn under that sub-
section where the infringement penalty is
registered under Schedule 7 to the
Magistrates' Court Act 1989.".
10
27. Owner onus
(1) For section 219(3)(a) of the Mitcham-Frankston
Project Act 2004 substitute--
"(a) before or within 28 days after the service on
the owner of a summons in respect of the
15
offence, the owner supplies to an
enforcement official in a sworn statement in
writing or in a statutory declaration the name
and address of the person who was driving
the vehicle at the relevant time; or".
20
(2) After section 219(3)(a) of the Mitcham-
Frankston Project Act 2004 insert--
"(ab) where an infringement notice was served on
the owner in respect of the offence, before
the infringement penalty is registered under
25
Schedule 7 to the Magistrates' Court Act
1989 the owner supplies to an enforcement
official in a sworn statement in writing or in
a statutory declaration the name and address
of the person who was driving the vehicle at
30
the relevant time; or".
(3) In sections 219(4) and 219(5) of the Mitcham-
Frankston Project Act 2004 after "(3)(a)" insert
", (3)(ab)".
14
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 28
Act No.
(4) In section 219(6)(b) of the Mitcham-Frankston
Project Act 2004 after "person" insert "or any
other enforcement officer".
28. Evidence of certificate issued by Freeway
Corporation
5
In section 222 of the Mitcham-Frankston
Project Act 2004--
(a) for paragraph (c) substitute--
"(c) that the Freeway Corporation has
served a demand on a specified person
10
under section 200(1) or 200(3) for
payment of a toll or toll administration
fees and payment has not been made
within the period of 14 days after
service of the demand; or";
15
(b) in paragraph (f) for "fee" substitute "fees".
29. Limitation on powers to make laws
In section 230(3) of the Mitcham-Frankston
Project Act 2004 after "this Act" (where first
occurring) insert "or any other Act".
20
30. Taxes and duties
For section 253(2) of the Mitcham-Frankston
Project Act 2004 substitute--
"(2) No land tax is payable in respect of leased
land.
25
(3) No land tax is payable by a licensee in
respect of licensed land.".
31. Regulations
In section 258(1)(e) of the Mitcham-Frankston
Project Act 2004 after "tolls" insert "and toll
30
administration fees".
15
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
s. 32
Act No.
32. Repeal of Part 12
Part 12 of the Mitcham-Frankston Project Act
2004 is repealed.
See: 33. Amendments to the Road Management Act 2004
Act No.
12/2004.
(1) In section 3(1) of the Road Management Act
5 Reprint No. 1
2004, for the definition of "Mitcham-Frankston
as at
1 July 2004
Freeway Corporation" substitute--
and
amending
' "Mitcham-Frankston Freeway Corporation"
Act Nos
means the Freeway Corporation within the
39/2004,
108/2004 and
meaning of the Mitcham-Frankston
10 110/2004.
Project Act 2004;'.
LawToday:
www.dms.
(2) In section 134A(2) of the Road Management Act
dpc.vic.
gov.au
2004 for "clauses 7 and 13" substitute "clauses 7,
12 and 13".
See: 34. Amendment to Southern and Eastern Integrated
15 Act No.
Transport Authority Act 2003--New section 4
25/2003 and
amending
For section 4 of the Southern and Eastern
Act No.
108/2004.
Integrated Transport Authority Act 2003
LawToday:
substitute--
www.dms.
dpc.vic.
"4. The Project
20 gov.au
In this Act, a reference to the Project is a
reference to the project for--
(a) an integrated transport corridor
connecting the Eastern Freeway to the
Frankston Freeway including tunnels
25
under the Mullum Mullum Creek; and
(b) a link with the Ringwood By-Pass; and
(c) the construction of the Dandenong
Southern By-Pass.".
16
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
Mitcham-Frankston Project (Amendment) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
17
551308B.I1-23/2/2005 BILL LA INTRODUCTION 23/2/2005
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