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PARLIAMENT OF VICTORIA
Road Legislation (Projects and Road Safety) Act
2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 4
PART 2--ALCOHOL AND OTHER DRUGS AMENDMENTS 5
3. Interpretative provision 5
4. Penalties for offences involving alcohol or other drugs 5
5. Direction to impose alcohol interlock condition 9
6. Penalty for offence of not allowing doctor to take blood sample 12
7. Sentencing Act 1991--increase in minimum period before
alcohol interlock condition can be removed 12
8. Statute law revision 12
PART 3--HEAVY VEHICLE AMENDMENTS 13
9. New Part 12 inserted in Road Safety Act 1986 13
PART 12--INTELLIGENT ACCESS PROGRAM FOR
HEAVY VEHICLES 13
Division 1--Preliminary 13
223. What the Intelligent Access Program is 13
224. Application of Commonwealth Acts Interpretation
Act 1901 13
225. Definitions 14
226. Other means of enforcement not excluded 17
Division 2--Powers and Duties of Corporation in relation
to IAP 18
227. What IAP conditions do 18
228. Corporation may specify IAP conditions 19
229. Issue of IAP identifiers 19
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551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Clause Page
Division 3--Duties and Obligations of Operators of
Vehicles 19
230. Offence--providing false or misleading information
to IAP service provider 19
231. Operators' obligation to tell drivers about collection
of personal information and other matters 21
232. System malfunctions--duties of operators of IAP
vehicles 22
Division 4--Duties of Vehicle Drivers 23
233. System malfunctions--drivers' duties 23
Division 5--Duties, Powers and Obligations of IAP Service
Providers 24
234. IAP service providers' duties in regard to use and
disclosure of information 24
235. IAP service providers' powers to collect, store, use
and disclose IAP information 24
236. IAP service providers' duties in regard to recording,
disclosure and use of information 26
237. IAP service providers' obligations in regard to quality
and security of IAP information 27
238. IAP service providers' obligations to keep records of
monitoring 29
239. IAP service providers' obligation to make individuals
aware of personal information held 30
240. IAP service providers' obligation to make non-
compliance reports 32
241. IAP service providers' obligation to report tampering 33
242. Offence--IAP service provider providing false or
misleading information to Corporation or TCA 35
Division 6--Functions, Duties, Powers and Obligations
of TCA 35
243. Functions of TCA 35
244. TCA's duties in regard to disclosure and use of
information 36
245. TCA's powers to collect, store, use and disclose IAP
information 37
246. Disclosure of information for law-enforcement
purposes etc. 38
247. Use of information for research 38
248. TCA's obligations in regard to collecting IAP
information 39
249. TCA's obligation to keep information secure 39
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551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Clause Page
250. TCA's obligation to make individuals aware of
personal information held 40
251. TCA's obligation to keep records of transactions 41
252. TCA's obligation to correct errors etc. 41
253. TCA's obligation to report tampering 42
Division 7--Duties, Powers and Obligations of IAP Auditors 43
254. IAP audit and IAP auditors 43
255. IAP auditors' duties in regard to disclosure and use of
information 44
256. IAP auditors' powers to collect, store, use and disclose
IAP information 46
257. IAP auditors' obligations in regard to collecting IAP
information 46
258. IAP auditors' obligation to keep information secure 47
259. IAP auditors' obligation to make individuals aware of
personal information held 48
260. IAP auditors' obligation to keep records of transactions 49
261. IAP auditors' obligation to correct errors etc. 50
262. IAP auditors' obligation to report breaches by IAP
service providers 51
263. IAP auditors' obligation to report tampering 51
Division 8--Tampering with Approved Intelligent
Transport System 52
264. Offence--tampering with approved intelligent
transport system 52
Division 9--Evidence 54
265. Definition and application 54
266. Certificates by the Corporation 54
267. Certificate as to intelligent access map 55
268. Other certificates by TCA 56
269. Presumption of correct operation 56
270. Evidence as to vehicle's position 56
271. IAP information generated etc. by approved intelligent
transport system 57
272. Reports by approved intelligent transport system 57
273. Results of mathematical procedures 58
10. Tampering with speed limiting devices 59
11. Consequential amendment--confidentiality 59
12. Direction to provide certain information 60
13. New Division 8 inserted in Part 9 60
Division 8--Interstate Provisions 60
149AA. Reciprocal powers of officers 60
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551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Clause Page
14. Upgrading of breach categorisation 61
15. Reasonable steps defence for breaches of mass limits 62
PART 4--GRADUATED LICENSING AND YOUNG DRIVER
SAFETY 63
16. Compulsory carriage of licence--young drivers 63
17. Graduated probationary driver licences 63
18. Compulsory carriage of learner permit 66
19. Drink-driving offences by young or inexperienced drivers 66
20. Consequential amendment regarding probationary licences 68
PART 5--OPERATOR ONUS AMENDMENTS 69
21. Duty of owner or responsible person to give information in
relation to a motor vehicle 69
22. Duty of owner or responsible person to give information in
relation to a trailer 71
23. New section 66 substituted 73
66. Certain prescribed offences to be operator onus
offences 73
24. New Part 6AA inserted in Road Safety Act 1986 73
PART 6AA--OPERATOR ONUS 73
84BA. Purpose of this Part 73
84BB. Definitions 74
84BC. Operator onus offences 81
84BD. Effect of payment of penalty, etc. 82
84BE. Use of effective statement to avoid liability 82
84BF. Cancellation of acceptance of statement 85
84BG. Proceedings against nominated persons 86
84BH. Defences to operator onus offences 86
84BI. Offence to provide false or misleading information 87
25. Repeal of section 85 88
26. New section 86 substituted 88
86. Parking infringements to be operator onus offences 88
27. Service of infringement notices under Melbourne City Link
Act 1995 88
28. Offences detected by prescribed tolling device to be operator
onus offences 89
29. New section 123 inserted in Melbourne City Link Act 1995 89
123. Transitional provision--Road Legislation (Projects
and Road Safety) Act 2006 89
30. Consequential amendment of Road Safety Act 1986 90
31. Consequential amendment of children legislation 90
32. Consequential amendment of Infringements Act 2006 92
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Clause Page
PART 6--IMPOUNDMENT, IMMOBILISATION AND
FORFEITURE OF MOTOR VEHICLES 95
Division 1--Amendment of Chattel Securities Act 1987 95
33. Certificate 95
Division 2--Amendment of Road Safety Act 1986 95
34. Powers of Corporation 95
35. Effecting registration, renewal or transfer 95
36. Notice 95
37. Interest in motor vehicle not to be transferred 96
38. New sections 84YA, 84YB and 84YC inserted 96
84YA. Direction not to transfer registration or register motor
vehicle 96
84YB. Corporation not to transfer registration or register
motor vehicle 99
84YC. Cessation of direction under this Act does not affect
any suspension 99
PART 7--MISCELLANEOUS AMENDMENTS TO ROAD
SAFETY ACT 1986 100
39. Definitions 100
40. Power to inspect motor vehicles and trailers 102
41. Definition of vehicle identifier 103
42. Offence if driver not licensed 103
43. New section 47A inserted 104
47A. Definition 104
44. Evidentiary provisions 104
45. Unauthorised use of freeway 105
46. Forgery etc. of documents and identification marks 105
47. Penalty for parking infringement 105
48. Non-road activities on highways 106
49. Statute law revision 106
50. New section 103L inserted 106
103L. Transitional provisions--Road Legislation (Projects
and Road Safety) Act 2006 106
PART 8--AMENDMENTS TO ROAD MANAGEMENT ACT 2004 109
51. Definitions 109
52. Interpretation and application 110
53. Power of VicRoads to make declarations in respect of roads 110
54. Arrangements to transfer road management functions 110
55. Register of public roads 111
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551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Clause Page
56. Amendment of certain references in section 116 111
57. Compensation payable by a road authority in certain
circumstances 111
58. Schedule 2 112
PART 9--LAND COMPENSATION AMENDMENTS 113
59. Land Acquisition and Compensation Act 1986--matters
affecting compensation 113
60. Planning and Environment Act 1987--new section 104A
inserted 114
104A. Actual zoning of land may be considered in
determining compensation 114
PART 10--AMENDMENTS TO THE ALPINE RESORTS
(MANAGEMENT) ACT 1997 116
61. Insertion of new Part 5A 116
PART 5A--MOUNT HOTHAM VILLAGE ROAD
PROJECT 116
57A. Definitions 116
57B. Road project area 116
57C. Power of VicRoads to enter into agreement as to
property in the road project area 117
57D. Powers of Mount Hotham Alpine Resort Management
Board to enter into agreements as to property in the
road project area 118
57E. Agreement as to further assignment 118
62. Insertion of Schedule 119
SCHEDULE 119
PART 11--M1 REDEVELOPMENT PROJECT 120
Division 1--Amendments to Road Management Act 2004 120
63. Interpretation and application of Act 120
64. New section 45A inserted 120
45A. Provisions relating to the M1 Redevelopment Project 120
65. New Schedule 5A inserted 120
SCHEDULE 5A--Specific Provisions relating to the M1
Redevelopment Project 120
Division 2--Amendment of Melbourne City Link Act 1995 152
66. Definitions 152
67. The Project 153
68. Variation of the Agreement 153
69. Emergency powers to apply 153
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551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Clause Page
70. Variation of the Integration and Facilitation Agreement 153
71. Variation of the Extension Agreement 154
72. New Part 2B inserted 154
PART 2B--LINK UPGRADE PROJECT 154
Division 1--Introductory 154
21. Definitions 154
Division 2--General Powers of Roads Corporation 157
22. Roads Corporation appointed committee of
management 157
23. Temporary access to Crown land 158
Division 3--Licences 158
24. Application 158
25. Roads Corporation may issue licence for purposes of
Link Upgrade Project 159
26. Term of licence 159
27. Conditions of licence--general 159
28. Conditions on licence over stratum of land 159
29. Ability to mortgage licence 160
30. Amendment of licence 160
31. Termination of licence 160
32. Renewal of licence 161
33. Act to apply as if Link Upgrade licensed land were
leased land 161
Division 4--Construction Permits 161
34. Construction permit 161
35. Land to which permit can apply 162
36. Conditions on permit 162
37. Cancellation of permit 163
Division 5--Statutory Powers and Exemptions 163
38. Application of planning laws 163
39. Approvals of public bodies not required 163
40. Application of Building Act 1993 164
41. Application of mineral resources and extractive
industry Acts 164
42. Application of South Melbourne Land Act 1986 164
43. Application of Heritage Act 1995 164
Division 6--Road Operation and Management 166
44. Management of roads specified in Order 166
45. Management of other roads 166
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Clause Page
Division 7--Interface with Utilities 167
Subdivision 1--Introduction 167
46. Certain powers of Utilities not affected 167
Subdivision 2--Consent of Link Corporation 168
47. Utility to obtain consent of Link corporation 168
48. Utility may refer matter to Ministers for
determination 169
Subdivision 3--Agreements between Link Corporation
and Utility 169
49. Agreements in relation to Link Upgrade construction
area 169
50. What can a Utility agreement provide for? 169
51. Requirements for Utility agreements 171
52. Utility agreements must be approved by the Roads
Corporation 171
53. Utility agreement may be amended 171
Subdivision 4--Notified Utility Infrastructure 172
54. Duty to identify Utility infrastructure 172
55. Link corporation to give notice 172
56. Duty of Utility to give notice 173
56A. Copies of notices to be given to Roads Corporation 173
56B. Link corporation to consult and seek agreement 174
56C. Referral to Ministers for determination if no
agreement 174
56D. Power of Minister to direct Utility 174
56E. Direction to Link corporation 175
56F. Requirements for directions 176
56G. Direction to prevail over requirement to consent 176
Subdivision 5--Unnotified Utility Infrastructure 177
56H. Duties of Link corporation 177
56I. Link corporation to give notice 177
56J. Utility agreement may be entered into 178
56K. Notice to Minister if Utility cannot be found or fails
to respond 178
56L. Minister may direct Utility to carry out works 179
56M. Direction to Link corporation after notice to Minister 180
56N. Direction to Link corporation after application to
Minister 181
56O. Requirements for directions 182
56P. Direction to prevail over requirement to consent 183
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Subdivision 6--Liability for Costs 183
56Q. Link corporation to be liable for certain relocation
and rectification costs 183
56R. Standard to apply to relocation or rectification 183
56S. Utility liable for differential if it requests upgrade 184
56T. Utility liable for delay costs 184
56U. Limitation of liability 184
56V. Dispute as to cost of relocation or rectification 185
56W. Certification of work 185
56X. Referral of matters by Utilities to Ministers for
determination 186
56Y. Referral of matters by Link corporation to Ministers
for determination 186
56Z. Link corporation no longer liable if work satisfactory 186
Subdivision 7--Dispute Resolution 187
56ZA. Who can determine matters referred to the Ministers? 187
56ZB. What must be considered in determining a matter? 187
56ZC. Requirements for determinations 188
56ZD. Determination to prevail over inconsistent laws 188
Division 8--Emergency Orders 188
56ZE. Emergency orders 188
56ZF. Service of emergency order 189
56ZG. Period of operation of emergency order 189
56ZH. Offence to fail to comply with emergency order 190
56ZI. Request for police assistance 190
Division 9--Actions by Public Bodies 190
56ZJ. Bodies may be required to act 190
Division 10--Revocation of Reservation and Interim
Operation 191
56ZK. Revocation of reservation on termination of licence 191
56ZL. Interim operation 193
73. Heading to Part 3 194
74. New section 65 inserted 194
65. Action by Registrar of Titles 194
75. Limitation on powers to make local laws 194
ENDNOTES 195
ix
551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
PARLIAMENT OF VICTORIA
A BILL
to make further miscellaneous amendments to the Road Safety Act
1986, to amend the Land Acquisition and Compensation Act 1986,
the Chattel Securities Act 1987, the Planning and Environment
Act 1987, the Children and Young Persons Act 1989, the
Sentencing Act 1991, the Melbourne City Link Act 1995, the
Alpine Resorts (Management) Act 1997, the Road Management
Act 2004, the Children and Young Persons (Miscellaneous
Amendments) Act 2005, the Children, Youth and Families Act
2005 and the Infringements Act 2006 and for other purposes.
Road Legislation (Projects and Road
Safety) Act 2006
The Parliament of Victoria enacts as follows:
1
551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Road Legislation (Projects and Road Safety) Act 2006
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is--
(a) to amend the Road Safety Act 1986--
(i) to increase the penalties for certain
5
offences involving alcohol or other
drugs or a refusal to comply with
requirements under Part 5 and, for this
purpose, to clarify what is taken to be a
second or other subsequent offence;
10
(ii) to alter the circumstances in which a
court is permitted or required to impose
an alcohol interlock condition;
(iii) to implement an intelligent access
program for heavy vehicles;
15
(iv) to introduce a graduated probationary
driver licence scheme and introduce
other measures in relation to young or
inexperienced drivers;
(v) to reform the nomination process under
20
the "owner onus" provisions of that
Act;
(vi) to prevent the registration or transfer of
registration of a motor vehicle if the
Chief Commissioner of Police intends
25
to make an application for the
impoundment, immobilisation or
forfeiture of that motor vehicle;
(vii) to make other miscellaneous
amendments to that Act;
30
2
551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Road Legislation (Projects and Road Safety) Act 2006
Act No.
Part 1--Preliminary
s. 1
(b) to amend the Sentencing Act 1991 to
increase the minimum period before certain
persons subject to an alcohol interlock
condition on their driver licence or permit
can apply for its removal;
5
(c) to amend the Road Management Act
2004--
(i) in relation to the M1 Redevelopment
Project; and;
(ii) to make other miscellaneous
10
amendments;
(d) to amend the Melbourne City Link Act
1995--
(i) in relation to the Link Upgrade Project;
and
15
(ii) to reform the nomination process under
the "owner onus" provisions of that
Act;
(e) to amend the Chattel Securities Act 1987 to
include on the certificate provided to
20
prospective purchasers any intended
application for the impoundment,
immobilisation or forfeiture of a motor
vehicle;
(f) to amend the Land Acquisition and
25
Compensation Act 1986 and the Planning
and Environment Act 1987 in relation to
the effect of zoning decisions on
compensation;
(g) to amend the Alpine Resorts
30
(Management) Act 1997 to make further
provision for land at Mount Hotham Alpine
Resort and for the powers of VicRoads and
the Mount Hotham Alpine Resort
3
551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Road Legislation (Projects and Road Safety) Act 2006
Act No.
Part 1--Preliminary
s. 2
Management Board and to make other
amendments to that Act;
(h) to make amendments of a statute law
revision or consequential nature to the
Children and Young Persons Act 1989, the
5
Children and Young Persons
(Miscellaneous Amendments) Act 2005,
the Children, Youth and Families Act
2005 and the Infringements Act 2006.
2. Commencement
10
(1) This Part, Part 2, Part 3 (except sections 9 and 11),
section 27(1), Part 6, Part 7, Part 8, Part 9, Part 10
and Part 11 come into operation on the day after
the day on which this Act receives the Royal
Assent.
15
(2) Subject to sub-sections (3), (4) and (5), the
remaining provisions of this Act come into
operation on a day or days to be proclaimed.
(3) If section 16 or 19 does not come into operation
before 1 January 2007, it comes into operation on
20
that day.
(4) If section 9, 11 or 18 or a provision of Part 5 does
not come into operation before 1 July 2007, it
comes into operation on that day.
(5) If section 17 or 20 does not come into operation
25
before 1 July 2008, it comes into operation on that
day.
__________________
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551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Road Legislation (Projects and Road Safety) Act 2006
Act No.
Part 2--Alcohol and Other Drugs Amendments
s. 3
PART 2--ALCOHOL AND OTHER DRUGS AMENDMENTS
3. Interpretative provision
See:
In section 48(2) of the Road Safety Act 1986-- Act No.
127/1986.
(a) after "convicted" (where first occurring) Reprint No. 9
insert ", or found guilty,";
5 as at
25 August
(b) before "has" insert "(the new offence)"; 2005
and
(c) for "found guilty or been convicted" amending
Act Nos
substitute "convicted, or found guilty,"; 19/1991,
110/2004,
(d) for "the conviction for the offence against 21/2005,
24/2005,
that paragraph or section is to be taken to be
10 93/2005,
a conviction for a subsequent offence" 95/2005,
97/2005,
substitute "(an old offence), the new offence 12/2006,
is to be taken to be a subsequent offence for 20/2006,
32/2006 and
the purposes of this Act and, if relevant for 48/2006.
those purposes, also to be a second offence if
15 LawToday:
www.dms.
the person has only ever been convicted, or dpc.vic.
found guilty, of one old offence". gov.au
4. Penalties for offences involving alcohol or other
drugs
(1) For section 49(2)(b) of the Road Safety Act 1986
20
substitute--
"(b) in the case of a second offence, to a fine of
not more than 120 penalty units or to
imprisonment for a term of not more than
12 months; and
25
(c) in the case of any other subsequent offence,
to a fine of not more than 180 penalty units
or to imprisonment for a term of not more
than 18 months.".
5
551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Road Legislation (Projects and Road Safety) Act 2006
Act No.
Part 2--Alcohol and Other Drugs Amendments
s. 4
(2) For section 49(3) of the Road Safety Act 1986
substitute--
"(2A) A person who is guilty of an offence under
paragraph (b), (f) or (g) of sub-section (1),
other than an accompanying driver offence,
5
is liable--
(a) in the case of a first offence, to a fine of
not more than 12 penalty units; and
(b) in the case of a second offence--
(i) to a fine of not more than
10
60 penalty units or to
imprisonment for a term of not
more than 6 months if the
concentration of alcohol--
(A) in the person's blood was
15
less than 015 grams per
100 millilitres of blood; or
(B) in the person's breath was
less than 015 grams per
210 litres of exhaled air--
20
as the case requires; or
(ii) to a fine of not more than
120 penalty units or to
imprisonment for a term of not
more than 12 months if the
25
concentration of alcohol--
(A) in the person's blood was
015 grams or more per
100 millilitres of blood; or
(B) in the person's breath was
30
015 grams or more per
210 litres of exhaled air--
as the case requires; and
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551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Road Legislation (Projects and Road Safety) Act 2006
Act No.
Part 2--Alcohol and Other Drugs Amendments
s. 4
(c) in the case of any other subsequent
offence--
(i) to a fine of not more than
120 penalty units or imprisonment
for a term of not more than
5
12 months if the concentration of
alcohol--
(A) in the person's blood was
less than 015 grams per
100 millilitres of blood; or
10
(B) in the person's breath was
less than 015 grams per
210 litres of exhaled air--
as the case requires; or
(ii) to a fine of not more than
15
180 penalty units or to
imprisonment for a term of not
more than 18 months if the
concentration of alcohol--
(A) in the person's blood was
20
015 grams or more per
100 millilitres of blood; or
(B) in the person's breath was
015 grams or more per
210 litres of exhaled air--
25
as the case requires.
(3) A person who is guilty of an offence under
paragraph (ba), (c), (ca), (d), (e) or (ea) of
sub-section (1), other than an accompanying
driver offence, is liable--
30
(a) in the case of a first offence, to a fine of
not more than 12 penalty units; and
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551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Road Legislation (Projects and Road Safety) Act 2006
Act No.
Part 2--Alcohol and Other Drugs Amendments
s. 4
(b) in the case of a second offence, to a fine
of not more than 120 penalty units or to
imprisonment for a term of not more
than 12 months; and
(c) in the case of any other subsequent
5
offence, to a fine of not more than
180 penalty units or to imprisonment
for a term of not more than
18 months.".
(3) In section 49(3AAA) of the Road Safety Act
10
1986--
(a) in paragraph (a), for "6" substitute "12";
(b) in paragraph (b)--
(i) for "subsequent" substitute "second";
(ii) for "12 penalty units." substitute
15
"60 penalty units; and";
(c) after paragraph (b) insert--
"(c) in the case of any other subsequent
offence, to a fine of not more than
120 penalty units.".
20
(4) In section 50 of the Road Safety Act 1986--
(a) in sub-section (1DA)--
(i) in paragraph (a), for "3" substitute "6";
(ii) in paragraph (b), for "6" substitute
"12";
25
(b) in sub-section (1E)--
(i) in paragraph (a), for "3" substitute "6";
(ii) in paragraph (b), for "6" substitute
"12";
(c) in sub-section (3)(b)(i) and (ii), for
30
"010 grams" substitute "007 grams";
8
551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Road Legislation (Projects and Road Safety) Act 2006
Act No.
Part 2--Alcohol and Other Drugs Amendments
s. 5
(d) in the note at the foot of sub-sections (4A)
and (4B), for "50AAA(3)(a)" substitute
"50AAA(3AA)".
5. Direction to impose alcohol interlock condition
(1) After section 50AAA(1) of the Road Safety Act
5
1986 insert--
'(1A) If--
(a) the offence was a first offence; and
(b) the offence was under section 49(1)(b),
(f) or (g); and
10
(c) the concentration of alcohol--
(i) in the person's blood at the
relevant time was 007 grams or
more per 100 millilitres of blood
but less than 015 grams per
15
100 millilitres of blood; or
(ii) in the person's breath at the
relevant time was 007 grams or
more per 210 litres of exhaled air
but less than 015 grams per
20
210 litres of exhaled air--
as the case requires--
on making the order, the court may direct the
Corporation that it can only grant the person
a driver licence or permit that is subject to a
25
condition that the person must only drive a
motor vehicle with an approved alcohol
interlock installed and maintained by an
approved alcohol interlock supplier or
a person or body authorised by such a
30
supplier.
Note: For "approved alcohol interlock" and
"approved alcohol interlock supplier", see
section 3(1).'.
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551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Road Legislation (Projects and Road Safety) Act 2006
Act No.
Part 2--Alcohol and Other Drugs Amendments
s. 5
(2) For section 50AAA(2) of the Road Safety Act
1986 substitute--
"(2) If--
(a) the offence was a first offence; and
(b) either--
5
(i) the offence was under
section 49(1)(a) (other than an
offence involving only drugs) or
section 49(1)(c), (d) or (e); or
(ii) in the case of an offence under
10
section 49(1)(b), (f) or (g), the
concentration of alcohol--
(A) in the person's blood at the
relevant time was 015 grams
or more per 100 millilitres of
15
blood; or
(B) in the person's breath at the
relevant time was 015 grams
or more per 210 litres of
exhaled air--
20
as the case requires--
on making the order, the court must direct
the Corporation that it can only grant the
person a driver licence or permit that is
subject to a condition that the person must
25
only drive a motor vehicle with an approved
alcohol interlock installed and maintained by
an approved alcohol interlock supplier or
a person or body authorised by such a
supplier.".
30
(3) Section 50AAA(3)(a) of the Road Safety Act
1986 is repealed.
10
551419B.I1-23/8/2006 BILL LA INTRODUCTION 23/8/2006
Road Legislation (Projects and Road Safety) Act 2006
Act No.
Part 2--Alcohol and Other Drugs Amendments
s. 5
(4) After section 50AAA(3) of the Road Safety Act
1986 insert--
"(3AA) If the offence was an offence referred to in
sub-section (2) or (3), then, despite
section 50(4A) and (4B), the person is not
5
required to obtain, and the court is not
required to have regard to, a report referred
to in section 50(4B)(a).".
(5) In the Road Safety Act 1986--
(a) in section 50AAA(3A)--
10
(i) after "sub-section (3)" insert "or
(3AA)";
(ii) for "sub-section (3)(a)" substitute
"sub-section (3AA)";
(b) in section 50AAB(1), after "section" insert
15
"50AAA(1A),";
(c) in section 50AAB(2), after "section" insert
"50AAA(1A) or";
(d) in section 50AAB(3)--
(i) in paragraph (a), for "6 months"
20
substitute "12 months";
(ii) in paragraph (b), for "3 years"
substitute "4 years".
(6) In section 50AAC(1) of the Road Safety Act
1986--
25
(a) after "section" (where first occurring) insert
"50AAA(1A),";
(b) in paragraph (a), for "50AAA(2)" substitute
"50AAA(1A)";
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(c) after paragraph (a) insert--
"(ab) in the case of a direction under section
50AAA(2)--the period specified in the
direction during which the person
cannot apply for the removal of an
5
alcohol interlock condition if that
period is more than 6 months; or".
(7) In column 1 of the Table in section 50AA of the
Road Safety Act 1986, for "Section 50AAA(2)"
substitute "Section 50AAA(1A), (2)".
10
6. Penalty for offence of not allowing doctor to take
blood sample
For the penalty at the foot of section 56(2) of the
Road Safety Act 1986 substitute--
"Penalty: For a first offence, 12 penalty units;
15
For a second offence, 120 penalty
units or imprisonment for 12 months;
For any other subsequent offence,
180 penalty units or imprisonment for
18 months.".
20
7. Sentencing Act 1991--increase in minimum period
before alcohol interlock condition can be removed
(1) In section 89B(2)(b) of the Sentencing Act 1991,
for "3 years" substitute "4 years".
(2) In section 89C(1)(b) of the Sentencing Act 1991,
25
for "3 years" substitute "4 years".
8. Statute law revision
Sections 2(3) and 57(2) of the Children and
Young Persons (Miscellaneous Amendments)
Act 2005 are repealed.
30
__________________
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PART 3--HEAVY VEHICLE AMENDMENTS
9. New Part 12 inserted in Road Safety Act 1986
After Part 11 of the Road Safety Act 1986
insert--
'PART 12--INTELLIGENT ACCESS PROGRAM
5
FOR HEAVY VEHICLES
Division 1--Preliminary
223. What the Intelligent Access Program is
The Intelligent Access Program is a program
to allow heavy vehicles to have access, or
10
improved access, to the road network in
return for monitoring, by an intelligent
transport system, of their compliance with
specified access conditions.
224. Application of Commonwealth Acts
15
Interpretation Act 1901
(1) The Acts Interpretation Act 1901 of the
Commonwealth applies to the interpretation
of this Part, except that, in relation to
Victoria--
20
(a) "Gazette" refers to the Victorian
Government Gazette; and
(b) "Minister" refers to the responsible
Minister of Victoria.
(2) This section does not prevent the
25
Interpretation of Legislation Act 1984
from applying to this Part to the extent that it
can do so consistently with the application of
the Acts Interpretation Act 1901 of the
Commonwealth.
30
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225. Definitions
(1) In this Part--
"approved intelligent transport system"
means an intelligent transport system
approved for the purposes of the IAP
5
by TCA;
Note: "intelligent transport system" is defined
in section 3;
"business day" means a day other than a
Saturday, a Sunday or a public holiday
10
appointed under the Public Holidays
Act 1993;
"compliance purposes" has the same
meaning as in Part 9;
15 Note: See section 110;
"IAP" means Intelligent Access Program;
"IAP agreement" means an agreement
between the operator of a vehicle and
an IAP service provider under which
the IAP service provider agrees to
20
provide IAP monitoring services to the
operator;
"IAP auditor" means a person appointed as
an IAP auditor under section 254(2);
"IAP condition" means a requirement
25
relating to the use of an approved
intelligent transport system specified in
respect of an IAP vehicle, or class of
IAP vehicle, under which that vehicle
is, or vehicles of that class are, allowed
30
to be used on an IAP road;
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"IAP identifier" means a unique number or
code that is to be transmitted from a
device on a vehicle to a remote
receiving device for the purpose of
enabling the location of the vehicle at
5
any time to be ascertained;
"IAP information" means information that
has been generated or collected for any
purpose relating to the IAP;
"IAP participant" means an operator of a
10
vehicle or vehicles that has entered into
an IAP agreement, and operates at least
one IAP vehicle;
"IAP road" means a road or road-related
area specified in an IAP condition for
15
use by IAP vehicles;
"IAP service provider" means a person that
is certified as an IAP service provider
by TCA;
"IAP vehicle" means a vehicle that is
20
subject to an IAP condition, is equipped
for monitoring under the IAP, and is
covered by an IAP agreement;
"intelligent access map" means the spatial
data set, issued by TCA from time to
25
time, that defines the national public
road system;
Note: The intelligent access map may not
include some private roads;
"Intelligent Access Program" has the
30
meaning given in section 223;
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"law-enforcement purposes" means the
purposes of investigating or prosecuting
an offence (whether summary or
indictable and whether against the law
of Victoria or of another jurisdiction);
5
"malfunction" of an approved intelligent
transport system has the meaning given
in sub-section (2);
"mass, dimension or load restraint
concession" means an exemption
10
granted by the Corporation (whether in
the form of a permit, notice or other
exemption) under which a vehicle is
permitted to be used on a highway--
(a) at a mass, or with a dimension,
15
that is greater than the mass or
dimension limit imposed by or
under this Act; or
(b) with the load restrained in a
manner other than the manner that
20
is required by or under this Act;
"non-compliance" means contravention by
an IAP vehicle of an IAP condition;
"non-compliance report" means a report,
generated by an approved intelligent
25
transport system, of non-compliance;
"personal information" means information
or an opinion (including information or
an opinion forming part of a database),
whether true or not, and whether
30
recorded in a material form or not,
about an individual whose identity is
apparent, or can reasonably be
ascertained, from the information or
opinion;
35
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"tampering" with an approved intelligent
transport system, means conduct
prohibited by section 264;
"tampering report" means a report under
section 241;
5
"TCA" means Transport Certification
Australia Ltd ACN 113 379 936.
(2) An approved intelligent transport system
"malfunctions" if--
(a) it ceases to work at all, or works only
10
intermittently; or
(b) it does not perform one or more
functions required under the IAP, or
performs any such function only
intermittently; or
15
(c) it performs such a function in such a
way that the results of its doing so are
inaccurate or unreliable (including
intermittently inaccurate or unreliable).
(3) A reference in a provision of this Part to an
20
approved form is a reference to the form
approved by the Corporation for the
purposes of the provision.
226. Other means of enforcement not excluded
Nothing in this Part has the effect of
25
preventing or excluding any other method of
enforcement of a road or transport law.
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Division 2--Powers and Duties of Corporation
in relation to IAP
227. What IAP conditions do
(1) An IAP condition--
(a) must specify at least one IAP road
5
("spatial data"); and
(b) may specify--
(i) periods during which IAP vehicles
are permitted to use the specified
IAP road ("temporal data"); and
10
(ii) maximum speeds at which IAP
vehicles may travel during that
use ("speed data"); and
(iii) any other condition of access to
the IAP road (for example, a
15
condition about mass limits); and
(c) may specify a period within which an
approved intelligent transport system
must generate, and send to the
Corporation, a non-compliance report
20
after the system detects a non-
compliance with the condition by an
IAP vehicle.
(2) If an IAP condition does not specify speed
data, it is taken to authorise the use of IAP
25
vehicles on the IAP road at any speed at
which a non-IAP vehicle of the same class
could be used on the IAP road.
(3) An IAP condition that specifies speed data
does not authorise an IAP vehicle to travel at
30
a speed in excess of a speed limit that applies
to vehicles generally.
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(4) If an IAP condition does not specify
temporal data, it is taken to authorise the use
of IAP vehicles on the IAP road at any time
at which a non-IAP vehicle of the same class
could be used on the IAP road.
5
(5) An IAP condition may require an IAP
vehicle to be monitored whether or not it
uses an IAP road.
228. Corporation may specify IAP conditions
(1) The Corporation may, on its own initiative or
10
on the application of an operator, specify one
or more IAP conditions with respect to a
vehicle or class of vehicles in respect of
which a mass, dimension or load restraint
concession applies.
15
(2) The Corporation must publish notice in the
Gazette of--
(a) an IAP condition specified on the
Corporation's own initiative; and
(b) an IAP condition specified with respect
20
to a class of vehicles.
(3) An IAP condition may be specified at the
time the mass, dimension or load restraint
concession is given or subsequently.
229. Issue of IAP identifiers
25
The Corporation may issue an IAP identifier
for an IAP vehicle.
Division 3--Duties and Obligations of
Operators of Vehicles
230. Offence--providing false or misleading
30
information to IAP service provider
(1) The operator of an IAP vehicle is guilty of an
offence if--
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(a) the operator gives information to an
IAP service provider with which the
operator has entered into an
IAP agreement; and
(b) the information is relevant to the
5
operation of the vehicle; and
(c) the information is false or misleading in
a material respect.
Penalty: 100 penalty units, in the case of a
corporation;
10
20 penalty units, in any other case.
(2) Without limiting sub-section (1)(b),
information about an IAP condition that
applies, or is capable of applying, to a
vehicle is relevant to the operation of the
15
vehicle.
(3) The operator of a vehicle is guilty of an
offence if--
(a) the operator gives information to an
IAP service provider; and
20
(b) the operator intends that the IAP
service provider will enter into an IAP
agreement with the operator in reliance
on the information; and
(c) the information is false or misleading in
25
a material respect.
Penalty: 100 penalty units, in the case of a
corporation;
20 penalty units, in any other case.
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231. Operators' obligation to tell drivers about
collection of personal information and
other matters
(1) The operator of an IAP vehicle must take
reasonable steps to tell the vehicle's driver,
5
before the vehicle begins a journey--
(a) that the vehicle will be monitored by an
IAP service provider; and
(b) what information will be collected by
the IAP service provider; and
10
(c) the purposes for which that information
is collected; and
(d) the persons and authorities to which
information so collected may be
disclosed; and
15
(e) the fact that the collection of the
information is authorised by this Act;
and
(f) the fact that the driver has the rights of
reasonable access to, and of correction
20
of, the information; and
(g) what he or she needs to do to exercise
those rights; and
(h) the name and address of any IAP
service provider that may collect the
25
information.
Penalty: 100 penalty units, in the case of a
corporation;
20 penalty units, in any other case.
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(2) The operator of an IAP vehicle must take
reasonable steps to tell the vehicle's driver,
before the vehicle begins a journey--
(a) about the driver's obligation under
section 233; and
5
(b) how the driver can make the reports
required by that obligation.
Penalty: 100 penalty units, in the case of a
corporation;
20 penalty units, in any other case.
10
(3) An operator may comply with sub-sections
(1) and (2) by--
(a) placing a notice that gives the required
information in a place in the vehicle's
driving cab where it is clearly visible;
15
or
(b) giving the required information to the
driver in writing as part of a written
contract of employment between the
driver and the operator.
20
(4) The regulations may prescribe--
(a) a form of notice that may be used for
the purposes of sub-section (3)(a); and
(b) for sub-section (3)(b), a standard form
of words that may be used as part of a
25
written contract of employment.
232. System malfunctions--duties of operators
of IAP vehicles
(1) If the operator of an IAP vehicle becomes
aware that an approved intelligent transport
30
system fitted to the vehicle is
malfunctioning, the operator must tell the
Corporation about the malfunction
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immediately, in person or by radio,
telephone, fax or email.
Penalty: 60 penalty units, in the case of a
corporation;
12 penalty units, in any other case.
5
(2) The operator must keep a written record of
each report of a malfunction, including--
(a) the date, time and type of the
malfunction, the date and time the
operator became aware of the
10
malfunction and the location of the
vehicle concerned at the time of the
malfunction; and
(b) the date and time of the report, the
location of the vehicle at that time, the
15
type of report and the name of the
individual who made the report.
Penalty: 60 penalty units, in the case of a
corporation;
12 penalty units, in any other case.
20
Division 4--Duties of Vehicle Drivers
233. System malfunctions--drivers' duties
(1) If the driver of an IAP vehicle becomes
aware that an approved intelligent transport
system fitted to the vehicle is
25
malfunctioning, the driver must tell the
vehicle's operator about the malfunction
immediately, in person or by radio,
telephone, fax or email.
Penalty: 12 penalty units.
30
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(2) The driver must keep a written record of
each report of a malfunction, including--
(a) the date, time and type of the
malfunction, the date and time the
driver became aware of the malfunction
5
and the location of the vehicle
concerned at the time of the
malfunction; and
(b) the date and time of the report, the
location of the vehicle at that time and
10
the type of report.
Penalty: 12 penalty units.
Division 5--Duties, Powers and Obligations of
IAP Service Providers
234. IAP service providers' duties in regard to
15
use and disclosure of information
An IAP service provider must not use or
disclose IAP information otherwise than as
required or authorised by or under this Act or
any other law.
20
Penalty: 200 penalty units, in the case of a
corporation;
40 penalty units, in any other case.
235. IAP service providers' powers to collect,
store, use and disclose IAP information
25
(1) An IAP service provider may collect, store
and use IAP information (including personal
information) for compliance purposes.
(2) An IAP service provider may disclose IAP
information (including personal information)
30
to the Corporation, or to TCA, for
compliance purposes.
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(3) An IAP service provider may disclose to an
inspector for law-enforcement purposes--
(a) a non-compliance report or a tampering
report; or
(b) any other IAP information (including
5
personal information), if so authorised
by a warrant issued by a court.
Note: An IAP service provider has a separate
obligation to make non-compliance reports and
10 tampering reports to the Corporation--see
sections 240 and 241.
(4) If an IAP service provider discloses
IAP information to an inspector under sub-
section (3)(b), the inspector must not
disclose the information to any other person
15
or use the information, unless--
(a) the inspector believes the disclosure or
use is reasonably necessary for law-
enforcement purposes; or
(b) the disclosure or use is otherwise
20
authorised by or under this Act or any
other law.
(5) With the consent of an IAP participant, an
IAP service provider may disclose
IAP information about the participant to a
25
person other than the participant, or use
IAP information about the participant, for
any purpose if the information--
(a) does not identify any individual; and
(b) contains nothing by which the identity
30
of any individual can reasonably be
ascertained.
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(6) An IAP service provider may disclose
IAP information (except a non-compliance
report or a tampering report) about an
IAP participant to the participant.
(7) In addition, an IAP service provider may
5
disclose or use IAP information (including
personal information)--
(a) in the case of personal information,
with the consent of the person to whom
the personal information relates; or
10
(b) as otherwise authorised by or under this
Act or any other law.
(8) An IAP service provider must give an IAP
auditor access to any record kept by the IAP
service provider for the purposes of this Act.
15
Penalty: 200 penalty units, in the case of a
corporation;
40 penalty units, in any other case.
236. IAP service providers' duties in regard to
recording, disclosure and use of
20
information
(1) If an IAP service provider discloses or uses
IAP information, the IAP service provider
must make a record of the disclosure or use
containing the following information--
25
(a) the name of the person who disclosed
or used the IAP information;
(b) the date of the disclosure or use;
(c) in the case of a disclosure of IAP
information, the person or body to
30
whom or to which that information was
disclosed;
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(d) in the case of the use of IAP
information by the IAP service
provider, a brief description of how the
information was used;
(e) the provision of this Act or another law
5
that authorised the disclosure or use;
(f) if the authority for the disclosure or use
also required a document (for example,
a warrant, a certificate or a consent), a
copy of the document.
10
(2) The IAP service provider must make the
record within 5 business days after the
relevant disclosure or use.
(3) The IAP service provider must make the
record in a form that allows the record to be
15
readily inspected.
(4) The IAP service provider must retain the
record for 2 years.
(5) An IAP service provider is guilty of an
offence if the IAP service provider does not
20
comply with a requirement of any of sub-
sections (1) to (4).
Penalty: 200 penalty units, in the case of a
corporation;
40 penalty units, in any other case.
25
237. IAP service providers' obligations in
regard to quality and security of IAP
information
(1) An IAP service provider must take
reasonable steps to ensure that the IAP
30
information the IAP service provider
collects--
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(a) is necessary for, or is directly related to,
the purpose for which it is collected, or
a directly related purpose; and
(b) is not excessive for that purpose; and
(c) is accurate, up-to-date and complete.
5
(2) An IAP service provider must take
reasonable steps to ensure that the collection
of IAP information does not intrude to an
unreasonable extent on the personal privacy
of any individual to whom the information
10
relates.
(3) If an individual (including an individual who
is an IAP participant) about whom an IAP
service provider holds personal information
so requests, the IAP service provider must
15
make appropriate alterations to the personal
information to ensure that the information is
accurate, complete, up-to-date and not
misleading.
(4) If the IAP service provider considers that the
20
personal information the subject of such a
request is not inaccurate, incomplete, out-of-
date or misleading, the IAP service provider
may refuse to comply with the request, but
must then--
25
(a) give the individual a statement in
writing of the IAP service provider's
reasons for refusing; and
(b) if the individual so requests, attach to,
or include with, the information a
30
statement by the individual concerning
his or her views as to the accuracy,
completeness, currency or effect of the
personal information.
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(5) An IAP service provider is guilty of an
offence if the IAP service provider does not
comply with a requirement of any of sub-
sections (1) to (4).
Penalty: 200 penalty units, in the case of a
5
corporation;
40 penalty units, in any other case.
238. IAP service providers' obligations to keep
records of monitoring
(1) An IAP service provider must keep a record
10
of the IAP information that the IAP service
provider collects that is organised in a way
that allows the record to be conveniently and
properly audited.
(2) An IAP service provider must keep--
15
(a) a copy of a non-compliance report; and
(b) the data relied on to generate the
report--
for at least 4 years after the report is made by
the IAP service provider.
20
(3) An IAP service provider must take
reasonable steps to protect IAP information
collected by the IAP service provider against
unauthorised access, unauthorised use,
misuse, loss, modification or unauthorised
25
disclosure.
(4) An IAP service provider must take
reasonable steps to destroy IAP information
(including personal information), other than
information required by sub-section (2) to be
30
kept, one year after the information is
collected.
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(5) An IAP service provider is guilty of an
offence if the IAP service provider does not
comply with a requirement of any of sub-
sections (1) to (4).
Penalty: 100 penalty units, in the case of a
5
corporation;
20 penalty units, in any other case.
239. IAP service providers' obligation to make
individuals aware of personal information
held
10
(1) An IAP service provider must prepare, and
make publicly available, a document that sets
out the IAP service provider's policies on the
management of information.
(2) If an individual about whom an IAP service
15
provider holds personal information so
requests, the IAP service provider must,
subject to sub-section (4), take reasonable
steps to inform the individual of--
(a) the kinds of information the
20
IAP service provider holds about him
or her; and
(b) the purpose for which the information
is held; and
(c) the fact that the holding of the
25
information is authorised by this Act;
and
(d) the way in which the IAP service
provider collects, holds, uses and
discloses the information; and
30
(e) the persons and authorities to whom or
to which the information may be
disclosed; and
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(f) the fact that he or she has the rights of
reasonable access to, and of correction
of, the information; and
(g) what he or she needs to do to exercise
those rights.
5
(3) Subject to sub-section (4), an IAP service
provider must, on request by an individual
about whom the IAP service provider holds
personal information, give the individual
access to the information as soon as
10
practicable after receiving the request.
(4) Nothing in sub-section (2) or (3) requires an
IAP service provider--
(a) to inform an individual that a non-
compliance report or a tampering report
15
exists or has been made; or
(b) to give an individual access to such a
report.
(5) An IAP service provider must not charge an
individual for access to information under
20
sub-section (3) except for any costs
reasonably incurred by the IAP service
provider in giving access to the information.
(6) An IAP service provider is guilty of an
offence if the IAP service provider does not
25
comply with a requirement of any of sub-
sections (1), (2) or (3).
Penalty: 100 penalty units, in the case of a
corporation;
20 penalty units, in any other case.
30
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240. IAP service providers' obligation to make
non-compliance reports
(1) An IAP service provider is guilty of an
offence if the IAP service provider--
(a) knows of--
5
(i) a breach by an IAP participant of
an IAP condition; or
(ii) anything that indicates that an
IAP participant may have
breached such a condition; and
10
(b) does not make a non-compliance report
that complies with sub-section (2) to
the Corporation within the time
allowed, in the circumstances, under
sub-section (3).
15
Penalty: 200 penalty units, in the case of a
corporation;
40 penalty units, in any other case.
(2) A non-compliance report--
(a) must be in the form approved for the
20
purpose by TCA; and
(b) must contain any information required
by the IAP service provider's
certification; and
(c) may include information, about
25
apparent tampering with an approved
intelligent transport system,
electronically generated by the system
itself.
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(3) The IAP service provider must make the
report--
(a) within any time specified in the
relevant IAP condition; or
(b) within any time specified by the
5
Corporation (by written direction) for
the purpose.
(4) For the purposes of this section, an
IAP service provider is taken to know of a
breach of an IAP condition if the IAP service
10
provider's monitoring equipment has
detected the breach.
241. IAP service providers' obligation to report
tampering
(1) If an IAP service provider knows, or has
15
reasonable grounds to suspect, that
intelligent transport system equipment has
been tampered with, the IAP service provider
must report that fact, in accordance with
sub-section (2), to the Corporation within
20
5 business days.
(2) A tampering report--
(a) must be in the form approved for the
purpose by TCA; and
(b) must contain any information required
25
by the IAP service provider's
certification.
(3) If an IAP service provider knows, or has
reasonable grounds to suspect, that approved
intelligent transport system equipment has
30
been tampered with, the IAP service provider
must not disclose to any person other than
the Corporation--
(a) that the IAP service provider has that
knowledge or suspicion; or
35
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(b) any information from which the person
to whom the disclosure is made could
reasonably infer that the IAP service
provider has that knowledge or
suspicion.
5
(4) If an IAP service provider has made a
tampering report to the Corporation, the
IAP service provider must not disclose to
any person other than the Corporation--
(a) that the report has been made; or
10
(b) any information from which the person
to whom the disclosure is made could
reasonably infer that the IAP service
provider has made such a report.
(5) An IAP service provider is guilty of an
15
offence if the IAP service provider does not
comply with a requirement of any of sub-
sections (1) to (4).
Penalty: 200 penalty units, in the case of a
corporation;
20
40 penalty units, in any other case.
(6) In this section, a reference to knowledge or
suspicion does not include knowledge or
suspicion resulting only from--
(a) a report, contained in a non-compliance
25
report or otherwise made by an
approved intelligent transport system,
of the electronic detection of apparent
tampering with that system; or
(b) the analysis of data produced by such a
30
system.
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242. Offence--IAP service provider providing
false or misleading information to
Corporation or TCA
An IAP service provider is guilty of an
offence if--
5
(a) the IAP service provider gives
information to the Corporation or TCA;
and
(b) the information is relevant to the
operation of an IAP vehicle; and
10
(c) the information is false or misleading in
a material respect.
Penalty: 200 penalty units, in the case of a
corporation;
40 penalty units, in any other case.
15
Division 6--Functions, Duties, Powers and
Obligations of TCA
243. Functions of TCA
For the purposes of this Act, the functions of
TCA are--
20
(a) to manage the certification and audit
regime for the IAP; and
(b) to certify and audit, and cancel the
certification of, IAP service providers;
and
25
(c) to appoint and co-ordinate
IAP auditors.
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244. TCA's duties in regard to disclosure and
use of information
(1) TCA must not disclose or use
IAP information unless it first takes
reasonable steps to ensure that, having regard
5
to the purpose for which the information is to
be disclosed or used, the information is
accurate, complete, up-to-date and not
misleading.
(2) Subject to sections 245, 246 and 247, TCA
10
must not disclose or use information for a
purpose other than the purpose for which it
collected the information.
(3) TCA must not use information relating to a
particular IAP participant, or disclose that
15
information other than to--
(a) the participant; or
(b) an IAP auditor; or
(c) the Corporation--
unless the use or disclosure is authorised by
20
or under this Act or any other law.
(4) TCA must not disclose information relating
to a breach of an IAP service provider's
obligations except to--
(a) the Corporation; or
25
(b) an IAP auditor.
(5) If TCA discloses or uses IAP information
(other than disclosure or use for law
enforcement purposes), TCA must make a
record of the disclosure or use containing the
30
following information--
(a) the name of the person who disclosed
or used the IAP information;
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(b) the date of the disclosure or use;
(c) in the case of a disclosure of IAP
information, the person or body to
whom or to which the information was
disclosed;
5
(d) in the case of the use of IAP
information by TCA, a brief description
of how the information was used;
(e) the provision of this Act or another law
that authorised the disclosure or use;
10
(f) if the authority for the disclosure or use
also required a document (for example,
a warrant, a certificate or a consent), a
copy of the document.
(6) TCA must make the record within 5 business
15
days after the relevant disclosure or use.
(7) TCA must make the record in a form that
allows the record to be readily inspected.
(8) TCA must retain the record for 2 years.
245. TCA's powers to collect, store, use and
20
disclose IAP information
(1) TCA may collect, store, use and disclose
IAP information (including personal
information) for the performance of its
functions and for law-enforcement purposes.
25
(2) With the consent of an IAP participant, TCA
may disclose or use IAP information about
the participant for any purpose if the
information--
(a) does not identify any individual; and
30
(b) contains nothing by which the identity
of any individual can reasonably be
ascertained.
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(3) TCA may disclose or use IAP information
(including personal information)--
(a) in the case of personal information,
with the consent of the person to whom
the personal information relates; or
5
(b) as otherwise authorised by or under this
Act or any other law.
246. Disclosure of information for law-
enforcement purposes etc.
(1) TCA may disclose to an inspector for
10
law-enforcement purposes--
(a) a non-compliance report or a tampering
report; or
(b) any other IAP information (including
personal information), if so authorised
15
by a warrant issued by a court.
(2) If TCA discloses information to an inspector
under sub-section (1)(b), the inspector must
not disclose the information to any other
person or use the information, unless--
20
(a) the inspector believes the disclosure or
use is reasonably necessary for
law-enforcement purposes; or
(b) the disclosure or use is otherwise
authorised by or under this Act or any
25
other law.
247. Use of information for research
TCA may use or disclose information for
research purposes, but only if the
information contains no personal
30
information.
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248. TCA's obligations in regard to collecting
IAP information
(1) TCA must take reasonable steps to ensure
that IAP information that it collects--
(a) is necessary for, or is directly related to,
5
the purpose for which it is collected, or
a directly related purpose; and
(b) is not excessive for that purpose; and
(c) is accurate, up-to-date and complete.
(2) TCA must take reasonable steps to ensure
10
that the collection of IAP information does
not intrude to an unreasonable extent on the
personal privacy of any individual to whom
the information relates.
249. TCA's obligation to keep information
15
secure
(1) TCA must take reasonable steps to protect
IAP information collected by it against
unauthorised access, unauthorised use,
misuse, loss, modification or unauthorised
20
disclosure.
(2) Subject to sections 244 and 251, after
IAP information (including personal
information) collected by TCA has been held
for one year, TCA must take reasonable
25
steps to--
(a) destroy the information; or
(b) permanently remove anything from the
information by which an individual can
be identified.
30
(3) Sub-section (2) does not apply for so long as
the IAP information is required as evidence.
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250. TCA's obligation to make individuals
aware of personal information held
(1) TCA must prepare, and make publicly
available, a document that sets out its
policies on the management of information.
5
(2) If an individual so requests, TCA must,
subject to sub-section (4), take reasonable
steps to inform the individual of--
(a) the kinds of information it holds about
him or her; and
10
(b) the purpose for which the information
is held; and
(c) the way in which it collects, holds, uses
and discloses the information; and
(d) the persons and authorities to whom or
15
to which the information may be
disclosed; and
(e) the fact that the collection of the
information is authorised by this Act;
and
20
(f) the fact that he or she has the rights of
reasonable access to, and of correction
of, the information; and
(g) what he or she needs to do to exercise
those rights.
25
(3) Subject to sub-section (4), TCA must, on
request by an individual about whom TCA
holds personal information, give the
individual access to the information as soon
as practicable after receiving the request.
30
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(4) Nothing in sub-section (2) or (3) requires
TCA--
(a) to inform an individual that a non-
compliance report or a tampering report
exists or has been made; or
5
(b) to give an individual access to such a
report.
(5) TCA must not charge an individual for
access to information under sub-section (3)
except for any costs reasonably incurred by
10
TCA in giving access to the information.
251. TCA's obligation to keep records of
transactions
(1) TCA must keep and retain records, in
accordance with this section, of its
15
transactions with the Corporation,
IAP service providers and IAP auditors.
(2) The records must be organised in such a way
as will enable them to be conveniently and
properly audited.
20
(3) TCA must keep a non-compliance report for
at least 4 years after its receipt.
(4) TCA must retain any other record referred to
in sub-section (1) for at least one year after
the record is made.
25
252. TCA's obligation to correct errors etc.
(1) TCA must take reasonable steps to ensure
that personal information that it collects is
accurate, complete, up-to-date and not
misleading.
30
(2) If so requested by an IAP participant or an
IAP service provider, TCA must make
appropriate alterations to any personal
information it holds to ensure that the
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information is accurate, complete, up-to-date
and not misleading.
(3) If TCA considers that personal information
the subject of a request under sub-section (2)
is not inaccurate, incomplete, out-of-date or
5
misleading, it may refuse to comply with the
request, but must then--
(a) give the IAP participant or IAP service
provider a written statement of its
reasons for refusing; and
10
(b) if the IAP participant or IAP service
provider so requests, attach to, or
include with, the information a
statement by the participant or provider
concerning their views as to the
15
accuracy, completeness, currency or
effect of the personal information.
253. TCA's obligation to report tampering
(1) If TCA knows, or has reasonable grounds to
suspect, that intelligent transport system
20
equipment has been tampered with, TCA
must report that fact to the Corporation
within 5 business days.
(2) If TCA knows, or has reasonable grounds to
suspect, that approved intelligent transport
25
system equipment has been tampered with,
TCA must not disclose to any person other
than the Corporation--
(a) that TCA has that knowledge or
suspicion; or
30
(b) any information from which the person
to whom the disclosure is made could
reasonably infer that TCA has that
knowledge or suspicion.
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(3) If TCA has made a report to the Corporation
of apparent tampering or suspicion of
tampering, TCA must not disclose to any
person other than the Corporation--
(a) that the report has been made; or
5
(b) any information from which the person
to whom the disclosure is made could
reasonably infer that TCA has made
such a report.
(4) In this section, a reference to knowledge or
10
suspicion does not include knowledge or
suspicion resulting only from--
(a) electronic detection, by an approved
intelligent transport system, of apparent
tampering with that system; or
15
(b) the analysis of data produced by such a
system.
Division 7--Duties, Powers and Obligations of
IAP Auditors
254. IAP audit and IAP auditors
20
(1) IAP audit is the process of--
(a) reviewing IAP information held by an
IAP service provider to determine its
completeness and reliability; and
(b) reviewing the processes by which that
25
information was collected; and
(c) examining how it is stored, used and
disclosed; and
(d) examining IAP equipment installed in a
vehicle or used by an IAP service
30
provider.
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(2) TCA may appoint as many persons as are
necessary as IAP auditors for the purposes of
this Part.
255. IAP auditors' duties in regard to
disclosure and use of information
5
(1) An IAP auditor must not disclose or use IAP
information unless the auditor first takes
reasonable steps to ensure that, having regard
to the purpose for which the information is to
be disclosed or used, the information is
10
accurate, complete, up-to-date and not
misleading.
(2) An IAP auditor must not disclose or use
information for a purpose other than the
purpose for which the auditor collected the
15
information.
(3) An IAP auditor must not use information
relating to a particular IAP participant, or
disclose that information other than to--
(a) the participant; or
20
(b) TCA; or
(c) the Corporation--
unless the use or disclosure is authorised by
or under this Act or any other law.
(4) An IAP auditor must not disclose
25
information relating to non-compliance or
tampering except to--
(a) the Corporation; or
(b) TCA.
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(5) If an IAP auditor discloses or uses IAP
information (other than disclosure or use for
law-enforcement purposes), the IAP auditor
must make a record of the disclosure or use
containing the following information--
5
(a) the name of the person who disclosed
or used the IAP information;
(b) the date of the disclosure or use;
(c) in the case of a disclosure of IAP
information, the person or body to
10
whom or to which the information was
disclosed;
(d) in the case of the use of IAP
information by the IAP auditor, a brief
description of how the information was
15
used;
(e) the provision of this Act or another law
that authorised the disclosure or use;
(f) if the authority for the disclosure or use
also required a document (for example,
20
a warrant, a certificate or a consent), a
copy of the document.
(6) The IAP auditor must make the record within
5 business days after the relevant disclosure
or use.
25
(7) The IAP auditor must make the record in a
form that allows the record to be readily
inspected.
(8) The IAP auditor must retain the record for
2 years.
30
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(9) An IAP auditor is guilty of an offence if the
IAP auditor does not comply with a
requirement of any of sub-sections (1) to (8).
Penalty: 200 penalty units, in the case of a
corporation;
5
40 penalty units, in any other case.
256. IAP auditors' powers to collect, store, use
and disclose IAP information
(1) An IAP auditor may collect, store, use and
disclose IAP information (including personal
10
information) for--
(a) the performance of the IAP auditor's
functions; or
(b) to report, to TCA, non-compliance or
tampering by an IAP participant; or
15
(c) to report, to TCA, tampering by an IAP
service provider, or a failure by an IAP
service provider to comply with the
provider's obligations.
(2) An IAP auditor may use or disclose IAP
20
information (including personal
information)--
(a) in the case of personal information,
with the consent of the person to whom
the personal information relates; or
25
(b) as otherwise authorised by or under this
Act or any other law.
257. IAP auditors' obligations in regard to
collecting IAP information
(1) An IAP auditor may collect IAP information
30
that is reasonably necessary to enable the
auditor to prepare an audit report on an IAP
service provider.
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(2) An IAP auditor must take reasonable steps to
ensure that IAP information that the
IAP auditor collects--
(a) is necessary for, or is directly related to,
the purpose for which it is collected, or
5
a directly related purpose; and
(b) is not excessive for that purpose; and
(c) is accurate, up-to-date and complete.
(3) An IAP auditor must take reasonable steps to
ensure that the collection of IAP information
10
does not intrude to an unreasonable extent on
the personal privacy of any individual to
whom the information relates.
(4) An IAP auditor is guilty of an offence if the
IAP auditor does not comply with a
15
requirement of any of sub-sections (1), (2) or
(3).
Penalty: 200 penalty units, in the case of a
corporation;
40 penalty units, in any other case.
20
258. IAP auditors' obligation to keep
information secure
(1) An IAP auditor must take reasonable steps to
protect IAP information collected by the IAP
auditor against unauthorised access,
25
unauthorised use, misuse, loss, modification
or unauthorised disclosure.
(2) An IAP auditor must take reasonable steps to
destroy personal information no longer
needed for IAP purposes, or remove
30
permanently from such information anything
by which an individual can be identified.
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(3) An IAP auditor is guilty of an offence if the
IAP auditor does not comply with a
requirement of sub-section (1) or (2).
Penalty: 200 penalty units, in the case of a
corporation;
5
40 penalty units, in any other case.
259. IAP auditors' obligation to make
individuals aware of personal information
held
(1) If an individual so requests, an IAP auditor
10
must take reasonable steps to inform the
individual of--
(a) the kinds of information the IAP
auditor holds about him or her; and
(b) the purpose for which the information
15
is held; and
(c) the way in which the IAP auditor
collects, holds, uses and discloses the
information; and
(d) the persons and authorities to whom or
20
to which the information may be
disclosed; and
(e) the fact that that the collection of the
information is authorised by this Act;
and
25
(f) the fact that he or she has the rights of
reasonable access to, and of correction
of, the information; and
(g) what he or she needs to do to exercise
those rights.
30
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(2) An IAP auditor must, on request by an
individual about whom the IAP auditor holds
personal information, give the individual
access to the information as soon as
practicable after receiving the request.
5
(3) An IAP auditor must not charge an
individual for access to information under
sub-section (2) except for any costs
reasonably incurred by the auditor in giving
access to the information.
10
(4) An IAP auditor is guilty of an offence if the
IAP auditor does not comply with a
requirement of sub-section (1) or (2).
Penalty: 200 penalty units, in the case of a
corporation;
15
40 penalty units, in any other case.
260. IAP auditors' obligation to keep records
of transactions
(1) An IAP auditor must keep and retain records,
in accordance with this section, of the
20
IAP auditor's transactions with IAP service
providers and TCA.
Penalty: 200 penalty units, in the case of a
corporation;
40 penalty units, in any other case.
25
(2) The records must be organised in such a way
as will enable them to be conveniently and
properly audited.
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261. IAP auditors' obligation to correct errors
etc.
(1) An IAP auditor must take reasonable steps to
ensure that information that the IAP auditor
collects is accurate, complete, up-to-date and
5
not misleading.
(2) If so requested by an IAP participant or an
IAP service provider, an IAP auditor must
make appropriate alterations to any
information the IAP auditor holds to ensure
10
that the information is accurate, complete,
up-to-date and not misleading.
(3) If the IAP auditor considers that the
information the subject of such a request is
not inaccurate, incomplete, out-of-date or
15
misleading, the IAP auditor may refuse to
comply with the request, but must then--
(a) give the IAP participant or IAP service
provider a statement in writing of the
IAP auditor's reasons for refusing; and
20
(b) if the IAP participant or IAP service
provider so requests, attach to, or
include with, the information a
statement by the participant or provider
concerning their views as to the
25
accuracy, completeness, currency or
effect of the personal information.
(4) An IAP auditor is guilty of an offence if the
IAP auditor does not comply with a
requirement of any of sub-sections (1), (2)
30
or (3).
Penalty: 200 penalty units, in the case of a
corporation;
40 penalty units, in any other case.
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262. IAP auditors' obligation to report
breaches by IAP service providers
If an IAP auditor knows of a breach by an
IAP service provider of the provider's
obligations under this Act, or of anything
5
that indicates that an IAP service provider
may have breached such an obligation, the
IAP auditor must, as soon as practicable,
report that fact to TCA.
Penalty: 200 penalty units, in the case of a
10
corporation;
40 penalty units, in any other case.
263. IAP auditors' obligation to report
tampering
If an IAP auditor knows, or has reasonable
15
grounds to suspect, that intelligent transport
system equipment has been tampered with,
the IAP auditor must, as soon as practicable,
report that fact to--
(a) in the case of tampering or suspected
20
tampering by an IAP participant--the
Corporation; or
(b) in the case of tampering or suspected
tampering by an IAP service
provider--TCA.
25
Penalty: 200 penalty units, in the case of a
corporation;
40 penalty units, in any other case.
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Division 8--Tampering with Approved
Intelligent Transport System
264. Offence--tampering with approved
intelligent transport system
(1) A person is guilty of an offence if--
5
(a) the person engages in conduct that has
the result that--
(i) the system is altered; or
(ii) the system is installed or used in a
way that is not in accordance with
10
the conditions of its certification
by TCA; or
(iii) any data instruction that the
system uses internally is altered;
and
15
(b) the person does so with the intention of
causing the system to--
(i) fail to collect IAP information, or
fail to collect that information
correctly; or
20
(ii) fail to store IAP information, or
fail to store that information
correctly; or
(iii) fail to report IAP information, or
fail to report that information
25
correctly.
Penalty: 1000 penalty units, in the case of a
corporation;
200 penalty units, in any other
case.
30
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(2) A person is guilty of an offence if the
person--
(a) engages in conduct; and
(b) is reckless as to whether, or negligently
fails to consider whether, as a result of
5
the conduct, the system may--
(i) fail to collect IAP information, or
fail to collect that information
correctly; or
(ii) fail to store IAP information, or
10
fail to store that information
correctly; or
(iii) fail to report IAP information, or
fail to report that information
correctly.
15
Penalty: 500 penalty units, in the case of a
corporation;
100 penalty units, in any other
case.
(3) For the purposes of this section--
20
(a) a system "fails" if it does not perform
as intended in terms of accuracy,
timeliness, reliability, verifiability or
any other performance parameter; and
(b) "fail" includes fail permanently, fail
25
temporarily, fail on a particular
occasion or occasions, and fail in
particular circumstances.
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Division 9--Evidence
265. Definition and application
(1) In this Division--
"at a specified time" includes on a specified
date and during a specified period.
5
(2) This Division is intended to supplement,
rather than to limit, section 84.
266. Certificates by the Corporation
A certificate purporting to be issued by the
Corporation stating any of the following--
10
(a) that a specified IAP condition was in
effect for a specified IAP participant at
a specified time;
(b) that a specified person is, or was at a
specified time, an IAP participant;
15
(c) that a specified IAP condition applied
to a specified IAP vehicle at a specified
time;
(d) that a specified vehicle is, or was at a
specified time, an IAP vehicle;
20
(e) that a specified IAP participant is, or
was at a specified time, the operator of
a specified IAP vehicle;
(f) that a specified non-compliance report,
tampering report or IAP auditor's report
25
was received at a specified time, or has
not been received;
(g) that no report of a malfunction has been
received, or had been received at a
specified time, by the Corporation in
30
relation to an approved intelligent
transport system fitted to a specified
IAP vehicle;
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(h) that a report of a specified malfunction
was received at a specified time, or has
not been received;
(i) that a specified form is an approved
form for a specified purpose--
5
is admissible in evidence in any proceedings
and, in the absence of evidence to the
contrary, is proof of the matters stated in it.
267. Certificate as to intelligent access map
(1) TCA may certify in writing that a particular
10
map is the intelligent access map as issued
by TCA at a specified time.
(2) The map may be in the form of an electronic
data file.
(3) A certificate under sub-section (1) is
15
admissible in evidence in any proceedings
and is conclusive evidence of the matters
stated in it.
(4) The intelligent access map, as issued by
TCA at a particular time, is presumed (unless
20
evidence sufficient to raise doubt about the
presumption is adduced) to be a correct
representation of the national road network
at the time of its issue.
(5) A document purporting to be a certificate
25
under sub-section (1) is presumed (unless
evidence sufficient to raise doubt about the
presumption is adduced) to be what it
purports to be.
(6) The person who signed such a document is
30
presumed (unless evidence sufficient to raise
doubt about the presumption is adduced) to
have been authorised by TCA to do so.
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268. Other certificates by TCA
A certificate purporting to be issued by TCA
stating any of the following--
(a) that a particular intelligent transport
system is, or was at a specified time, an
5
approved intelligent transport system;
(b) that on a specified date a specified
person was or was not an IAP service
provider or an IAP auditor--
is admissible in evidence in any proceedings
10
and, in the absence of evidence to the
contrary, is proof of the matters stated in it.
269. Presumption of correct operation
The equipment and software that make up an
approved intelligent transport system are
15
presumed (unless evidence sufficient to raise
doubt about the presumption is adduced) to
have operated correctly on any particular
occasion.
270. Evidence as to vehicle's position
20
A statement of a vehicle's position on the
surface of the earth at a particular time, in a
non-compliance report or otherwise
generated or produced by means of an
approved intelligent transport system, is
25
presumed (unless evidence sufficient to raise
doubt about the presumption is adduced) to
be a correct statement of the vehicle's
position at the time.
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271. IAP information generated etc. by
approved intelligent transport system
(1) IAP information generated by an approved
intelligent transport system is presumed
(unless evidence sufficient to raise doubt
5
about the presumption is adduced) to have
been correctly generated.
(2) IAP information recorded by an approved
intelligent transport system is presumed
(unless evidence sufficient to raise doubt
10
about the presumption is adduced) to have
been correctly recorded.
(3) IAP information stored by an approved
intelligent transport system is presumed
(unless evidence sufficient to raise doubt
15
about the presumption is adduced) not to be
changed by that storage.
(4) If it is established that some of such IAP
information has been changed by being so
stored, the presumption in sub-section (3)
20
continues to apply to any other IAP
information so stored.
272. Reports by approved intelligent transport
system
(1) A document purporting to be a non-
25
compliance report, or a report under
section 241, made by an approved intelligent
transport system--
(a) is admissible in evidence in any
proceedings; and
30
(b) in the absence of evidence to the
contrary, is proof of the matters stated
in it; and
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(c) is presumed (unless evidence sufficient
to raise doubt about the presumption is
adduced) to be a correct report of
information generated and recorded by
the system.
5
(2) A document purporting to be a report made
by an approved intelligent transport system
setting out IAP information--
(a) is admissible in evidence in any
proceedings; and
10
(b) in the absence of evidence to the
contrary, is proof of the matters stated
in it; and
(c) is presumed (unless evidence sufficient
to raise doubt about the presumption is
15
adduced) to be a correct report of
information generated and recorded by
the system.
(3) If it is established that a part of a document
referred to in sub-section (1) or (2) is not a
20
correct report of the relevant part of the IAP
information as so recorded, the presumption
in sub-section (1)(c) or (2)(c) continues to
apply to the remainder of the report.
273. Results of mathematical procedures
25
(1) A certificate purporting to be issued by the
Corporation--
(a) stating that a specified mathematical
(including statistical) procedure was
carried out in relation to IAP
30
information specified or referred to in
the certificate; and
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(b) setting out the results of doing so--
is admissible in evidence in any proceedings
and, in the absence of evidence to the
contrary, is proof of the matters stated in it.
(2) The specified procedure is presumed (unless
5
evidence sufficient to raise doubt about the
presumption is adduced)--
(a) to be valid and reliable for the purpose
for which it was used; and
(b) to have been carried out correctly.'.
10
10. Tampering with speed limiting devices
For section 70(1C) of the Road Safety Act 1986
substitute--
"(1C) On convicting a person, or finding a person
guilty, of an offence against sub-section (1A)
15
the court may, if the person holds a driver
licence or permit, cancel that licence or
permit and, whether or not the person holds a
driver licence or permit, disqualify the
person from obtaining one for a period the
20
court thinks fit, not exceeding 4 years.".
11. Consequential amendment--confidentiality
After section 92(3) of the Road Safety Act 1986
insert--
"(3A) Sub-section (3)(d) does not apply to any IAP
25
information obtained by the Corporation or a
relevant person--
(a) from an IAP service provider under
section 235; or
(b) from TCA under section 246.
30
Note: Sections 235 and 246 contain provisions
regarding the disclosure and use of
IAP information.".
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12. Direction to provide certain information
After section 136(1)(a) of the Road Safety Act
1986 insert--
"(ab) to provide information about the current or
intended trip of the vehicle, including--
5
(i) the location of the start or intended start
of the trip; and
(ii) the route or intended route of the trip;
and
(iii) the location of the destination or
10
intended destination of the trip;".
13. New Division 8 inserted in Part 9
After Division 7 of Part 9 of the Road Safety Act
1986 insert--
'Division 8--Interstate Provisions
15
149AA. Reciprocal powers of officers
(1) This section has effect in relation to another
jurisdiction while the corresponding law of
the other jurisdiction contains provisions
corresponding to this section.
20
(2) The Minister may enter into agreements with
a Minister of the other jurisdiction for the
purposes of this section, and to amend or
revoke any such agreement.
(3) To the extent envisaged by such an
25
agreement--
(a) an inspector of this jurisdiction may, in
this jurisdiction or the other
jurisdiction, exercise powers conferred
on an authorised officer or police
30
officer of the other jurisdiction by or
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under the corresponding law of the
other jurisdiction; and
(b) an authorised officer or police officer of
the other jurisdiction may, in this
jurisdiction or the other jurisdiction,
5
exercise powers conferred respectively
on an inspector by or under this Act.
(4) Anything done or omitted to be done by an
inspector of this jurisdiction under sub-
section (3) is taken to have been done under
10
this Act as well as under the corresponding
law.
(5) The regulations may make provision for or
with respect to the exercise of powers under
this section.
15
(6) In this section--
"corresponding law" means a law of
another jurisdiction that is declared to
be a corresponding law under sub-
section (7);
20
"jurisdiction" means a State or Territory of
the Commonwealth.
(7) The Minister may, by Order published in the
Government Gazette, declare a law of
another jurisdiction to be a corresponding
25
law for the purposes of this section.'.
14. Upgrading of breach categorisation
In sections 158(2) and 158(3) of the Road Safety
Act 1986, after "breach" (where first occurring)
insert "of a width limit or length limit".
30
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15. Reasonable steps defence for breaches of mass limits
In sections 174(3) and 175(3) of the Road Safety
Act 1986 omit "that is a substantial risk breach, or
a severe risk breach".
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PART 4--GRADUATED LICENSING AND YOUNG DRIVER
SAFETY
16. Compulsory carriage of licence--young drivers
After section 19(7) of the Road Safety Act 1986
insert--
5
"(8) A person under the age of 26 years who
holds a driver licence must have the licence
in his or her possession at all times while
driving or in charge of a motor vehicle.
Penalty: 5 penalty units.".
10
17. Graduated probationary driver licences
(1) For section 21(1) of the Road Safety Act 1986
substitute--
"(1) If a driver licence is granted to a person who
has not previously held one, that licence
15
must, unless the regulations otherwise
provide, be granted on probation in
accordance with the regulations, until the
latest of--
(a) the date specified in the licence, or that
20
date as extended in accordance with the
regulations; or
(b) the date on which the person passes any
appropriate tests that the Corporation
requires him or her to pass to obtain a
25
full driver licence; or
(c) the date on which the person complies
with any prescribed procedures and
requirements.".
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(2) For section 21(2) of the Road Safety Act 1986
substitute--
"(2) If a driver licence which is granted to a
person on probation expires or is cancelled
by a court or the Corporation before the
5
completion of the full cumulative
probationary period applicable to the holder
of the licence and subsequently a new driver
licence is granted to the person, that new
licence must, unless the regulations
10
otherwise provide, be granted on probation
in accordance with the regulations, until the
latest of--
(a) the date specified in the licence, or that
date as extended in accordance with the
15
regulations; or
(b) the date on which the person passes any
appropriate tests that the Corporation
requires him or her to pass to obtain a
full driver licence; or
20
(c) the date on which the person complies
with any prescribed procedures and
requirements.
(3) Regulations for the purpose of this section
may--
25
(a) provide for different classes of
probationary driver licences depending
on a person's age, experience or any
other factor;
(b) provide for the period of probation in
30
respect of each class of probationary
driver licence;
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(c) provide that a person who holds a
probationary driver licence of one class
must, after completing that period of
probation, hold a probationary driver
licence of another class before being
5
granted a full driver licence;
(d) provide for the extension of a
probationary period in the case of a
person who commits a specified
offence or who has his or her licence
10
suspended;
(e) require a person who holds a
probationary driver licence of one class
to pass any appropriate tests that the
Corporation requires, and to comply
15
with any other procedures or
requirements, before being granted a
probationary driver licence of another
class.".
(3) For section 21(6) of the Road Safety Act 1986
20
substitute--
"(6) A reference in this Act or the regulations to
the probationary period, or the period of
probation, of a licence must be taken to be a
reference to the period ending on the latest
25
of--
(a) the date specified in the licence, or that
date as extended in accordance with the
regulations; or
(b) the date on which the person passes any
30
appropriate tests that the Corporation
requires him or her to pass to obtain a
full driver licence; or
(c) the date on which the person complies
with any prescribed procedures and
35
requirements.".
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18. Compulsory carriage of learner permit
After section 22(5) of the Road Safety Act 1986
insert--
"(6) A person who holds a learner permit must
have the permit in his or her possession at all
5
times while driving or in charge of a motor
vehicle.
Penalty: 5 penalty units.".
19. Drink-driving offences by young or inexperienced
drivers
10
(1) After section 50(1AB) of the Road Safety Act
1986 insert--
"(1AC) Sub-section (1AB)(b) does not apply to a
person who, at the time the offence was
committed, was under the age of 26 years.".
15
(2) After section 50AAA(2) of the Road Safety Act
1986 insert--
"(2A) Despite sub-section (1A), if--
(a) the offence was a first offence; and
(b) either--
20
(i) the offence was under
section 49(1)(a) (other than an
offence involving only drugs) or
section 49(1)(c), (d) or (e); or
(ii) in the case of an offence under
25
section 49(1)(b), (f) or (g), the
concentration of alcohol--
(A) in the person's blood at the
relevant time was 007 grams
or more per 100 millilitres of
30
blood; or
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(B) in the person's breath at the
relevant time was 007 grams
or more per 210 litres of
exhaled air--
as the case requires; and
5
(c) at the time of the offence the person
was--
(i) under the age of 26 years; or
(ii) the holder of a probationary driver
licence--
10
on making the order, the court must direct
the Corporation that it can only grant the
person a driver licence or permit that is
subject to a condition that the person must
only drive a motor vehicle with an approved
15
alcohol interlock installed and maintained by
an approved alcohol interlock supplier or
a person or body authorised by such a
supplier.".
(3) In the Road Safety Act 1986--
20
(a) in section 18(3), after "50AAA(2)" insert
", 50AAA(2A)";
(b) in section 50AAA(3AA), after "sub-
section (2)" insert ", (2A)";
(c) in section 50AAB--
25
(i) in sub-section (1), after "50AAA(2),"
insert "50AAA(2A),";
(ii) in sub-section (2), for "50AAA(1A) or
50AAA(2)" substitute "50AAA(1A),
50AAA(2) or 50AAA(2A)";
30
(d) in section 50AAC(1)--
(i) after "50AAA(2)," insert
"50AAA(2A),";
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(ii) in paragraph (ab), after "50AAA(2)"
insert "or 50AAA(2A)";
(e) in column 1 of the Table in section 50AA,
after "Section 50AAA(1A), (2)" insert
", (2A)";
5
(f) in sections 89C(1)(a)(i) and 89C(8)(a), after
"the person" insert "or the person was under
the age of 26 years at the time of the
infringement".
20. Consequential amendment regarding probationary
10
licences
(1) After section 84BD(2) of the Road Safety Act
1986 insert--
"(3) Despite sub-section (1), the payment of a
monetary penalty or the recording of demerit
15
points in relation to an offence that is an
operator onus offence by force of section 66
may be recorded and used for the purposes
of determining the period or periods for
which a person may be required to hold a
20
driver licence on probation.".
(2) After section 89(8) of the Road Safety Act 1986
insert--
"(9) Despite anything to the contrary in this
section, the fact that a person paid a penalty,
25
was found guilty, participated in a diversion
program or had a conviction imposed by the
court, in respect of an infringement for
which an infringement notice was served
may be recorded and used for the purposes
30
of determining the period or periods for
which a person may be required to hold a
driver licence on probation.".
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PART 5--OPERATOR ONUS AMENDMENTS
21. Duty of owner or responsible person to give
information in relation to a motor vehicle
(1) In section 60(1) of the Road Safety Act 1986--
(a) after "a motor vehicle" insert ", or a relevant
5
nominated person in relation to a motor
vehicle,";
(b) for "he or she" substitute "the person";
(c) for "the owner" substitute "the person";
(d) after "occasion" insert "or had possession or
10
control of the motor vehicle on any
occasion".
(2) After section 60(1) of the Road Safety Act 1986
insert--
'(1A) For the purposes of sub-section (1) "a
15
relevant nominated person" means a
person nominated in an effective known user
statement (within the meaning of Part 6AA)
or sold vehicle statement (within the
meaning of that Part) as being the
20
responsible person (within the meaning of
that Part) in relation to a motor vehicle at the
time when the motor vehicle was involved in
an offence that is an operator onus offence
for the purposes of that Part.'.
25
(3) Before section 60(2) of the Road Safety Act 1986
insert--
"(1B) A member of the police force who is acting
in the execution of duty may require any
person whom the member believes on
30
reasonable grounds to have had possession
or control of a motor vehicle on a particular
occasion to give any information which it is
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within the power of the person to give and
which may lead to the identification of any
person who was the driver of the motor
vehicle on that occasion or had possession or
control of the motor vehicle on that occasion.
5
(1C) A person who, without reasonable excuse,
refuses or fails to comply with a requirement
made under sub-section (1B) is guilty of an
offence.".
(4) After section 60(3) of the Road Safety Act 1986
10
insert--
"(4) A requirement under this section may be
made orally or in writing.
(5) A written requirement may be sent by post
addressed to the person to whom it is made
15
at the person's home address or at an
authorised address (within the meaning of
section 163A of the Infringements Act
2006).
(6) A written requirement sent by post to a
20
person at an authorised address (within the
meaning of section 163A of the
Infringements Act 2006) and returned
undelivered to its sender is deemed to be
served 14 days after the date specified in the
25
requirement as the date of the requirement,
despite it being returned to its sender as
undelivered.
(7) Sub-section (6) has effect despite anything to
the contrary in section 49(1) of the
30
Interpretation of Legislation Act 1984.".
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22. Duty of owner or responsible person to give
information in relation to a trailer
(1) In section 60A(1) of the Road Safety Act 1986--
(a) after "a trailer" insert ", or a relevant
nominated person in relation to a trailer or a
5
motor vehicle to which a trailer was attached
on any occasion,";
(b) for "he or she" substitute "the person";
(c) for "the owner" substitute "the person";
(d) after "occasion" insert "or had possession or
10
control of the trailer on any occasion".
(2) After section 60A(1) of the Road Safety Act
1986 insert--
'(1A) For the purposes of sub-section (1)
"a relevant nominated person" means a
15
person nominated in an effective known user
statement (within the meaning of Part 6AA)
or sold vehicle statement (within the
meaning of that Part) as being the
responsible person (within the meaning of
20
that Part) in relation to a trailer or a motor
vehicle to which a trailer was attached at the
time when the trailer was involved in an
offence that is an operator onus offence for
the purposes of that Part.'.
25
(3) Before section 60A(2) of the Road Safety Act
1986 insert--
"(1B) A member of the police force who is acting
in the execution of duty may require any
person whom the member believes on
30
reasonable grounds to have had possession
or control of a trailer or a motor vehicle on a
particular occasion to give any information
which it is within the power of the person to
give and which may lead to the identification
35
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of any person who was the driver of the
trailer or of a motor vehicle to which the
trailer was attached on that occasion or had
possession or control of the trailer or motor
vehicle on that occasion.
5
(1C) A person who, without reasonable excuse,
refuses or fails to comply with a requirement
made under sub-section (1B) is guilty of an
offence.".
(4) After section 60A(3) of the Road Safety Act
10
1986 insert--
"(4) A requirement under this section may be
made orally or in writing.
(5) A written requirement may be sent by post
addressed to the person to whom it is made
15
at the person's home address or at an
authorised address (within the meaning of
section 163A of the Infringements Act
2006).
(6) A written requirement sent by post to a
20
person at an authorised address (within the
meaning of section 163A of the
Infringements Act 2006) and returned
undelivered to its sender is deemed to be
served 14 days after the date specified in the
25
requirement as the date of the requirement,
despite it being returned to its sender as
undelivered.
(7) Sub-section (6) has effect despite anything to
the contrary in section 49(1) of the
30
Interpretation of Legislation Act 1984.".
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23. New section 66 substituted
For section 66 of the Road Safety Act 1986
substitute--
"66. Certain prescribed offences to be operator
onus offences
5
A prescribed offence that is detected by a
prescribed detection device or by a
prescribed process or the detection of which
involves the use of a prescribed detection
device is an operator onus offence for the
10
purposes of Part 6AA.".
24. New Part 6AA inserted in Road Safety Act 1986
After Part 6 of the Road Safety Act 1986
insert--
'PART 6AA--OPERATOR ONUS
15
84BA. Purpose of this Part
The purpose of this Part is to establish an
"operator onus" system for certain offences
arising out of the operation of motor vehicles
or trailers based on the principle that, if the
20
identity of the driver or person in charge is
not established at the time the offence is
detected, the person last known to have
possession or control of the vehicle or trailer
should generally be liable for the offence
25
unless that person can establish that they
were not responsible for the vehicle or trailer
at the time of the offence and provide
information sufficient to identify and locate
who was.
30
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84BB. Definitions
In this Part--
"corresponding body" means a body
outside Victoria that has functions
under a corresponding law that
5
correspond with any of the functions of
the Corporation under Division 2 of
Part 2;
"corresponding law" means a law of the
Commonwealth or of another State or
10
of a Territory that corresponds to
Division 2 of Part 2;
"effective", in relation to an illegal user
statement, a known user statement, a
sold vehicle statement or an unknown
15
user statement, means a statement that
is, or is accepted by an enforcement
official under section 84BE as, and has
not ceased to be, an effective statement
for the purposes of this Part;
20
"enforcement official" means--
(a) the informant in any proceeding
commenced against the operator
of a motor vehicle or trailer; or
(b) the issuing officer (within the
25
meaning of the Infringements
Act 2006) in relation to an
infringement notice served on the
operator of a motor vehicle or
trailer; or
30
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(c) the enforcement agency (within
the meaning of the Infringements
Act 2006) in relation to a penalty
reminder notice served on the
operator of a motor vehicle or
5
trailer under Part 2 of that Act--
in relation to the driving, or being in
charge, of the motor vehicle or trailer at
the relevant time;
"illegal user statement", in relation to an
10
offence involving a motor vehicle or
trailer, means a statement in writing
made by a person to the effect that the
person believes that at the time of the
offence the motor vehicle or trailer was
15
a stolen motor vehicle or trailer or that
the number plates displayed on the
motor vehicle or trailer were stolen and
giving reasons for that belief;
"known user statement", in relation to an
20
offence involving a motor vehicle or
trailer, means a statement in writing
made by a person--
(a) to the effect that the person was
not at the time of the offence
25
driving, or had not at that time
possession or control of, the motor
vehicle or trailer or the motor
vehicle to which the trailer was
attached; and
30
(b) containing sufficient information
to identify and locate the person
who the person making the
statement last knew to have,
before the offence, possession or
35
control of the motor vehicle or
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trailer or of the motor vehicle to
which the trailer was attached; and
(c) giving reasons for any matter
stated in response to the
requirement imposed by
5
paragraph (b);
"nomination rejection statement" means a
statement in writing made by a person
nominated in a known user statement or
a sold vehicle statement as being the
10
responsible person in relation to a
motor vehicle or trailer--
(a) to the effect--
(i) if nominated in a known user
statement, that the person
15
had not had possession or
control of the motor vehicle
or trailer, as the case
requires, before the offence,
as stated in the known user
20
statement, and did not have
possession or control of it at
the time of the offence; and
(ii) if nominated in a sold
vehicle statement, that the
25
motor vehicle or trailer, as
the case requires, had not
been sold or disposed of to
the person, and that no
interest in it had otherwise
30
vested in the person, as
stated in the sold vehicle
statement; and
(b) giving reasons for any matter
stated by the person;
35
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"operator", in relation to a motor vehicle or
trailer at the time of an offence, means
each of the following--
(a) the registered operator of the
motor vehicle or trailer at that
5
time or the person recorded at that
time on a register of vehicles
maintained under a corresponding
law as the person responsible for
the motor vehicle or trailer;
10
(b) if the Corporation under the
regulations, or a corresponding
body under a corresponding law,
has received notice of transfer of
registration of the motor vehicle
15
or trailer, the person whose name
is disclosed in the records kept by
the Corporation or the
corresponding body (as the case
requires) as being responsible for
20
the motor vehicle or trailer at that
time;
(c) if the motor vehicle or trailer is
not registered under this Act or a
corresponding law, the person
25
whose name is disclosed in the
records kept by the Corporation or
the corresponding body as being
responsible for the motor vehicle
or trailer at that time;
30
(d) if the motor vehicle or trailer
displays a number plate--
(i) the person who, at the time at
which the registration
number borne by that
35
number plate was last
assigned by the Corporation
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or a corresponding body, was
the registered operator of, or
(if assigned by a
corresponding body) the
person recorded on a register
5
of vehicles maintained under
the corresponding law as the
person responsible for, the
motor vehicle or trailer to
which that registration
10
number was assigned,
whether or not that motor
vehicle or trailer is the same
as the motor vehicle or trailer
involved in the offence; or
15
(ii) the person whose name is
disclosed in the records kept
by the Corporation or a
corresponding body as being
entitled, or last entitled, at
20
that time to use or possess
that number plate;
(e) if the motor vehicle or trailer
displays a general identification
mark by means of a special
25
identification plate issued by the
Corporation under the regulations
or by a corresponding body under
a corresponding law, the person to
whom the mark is assigned at that
30
time;
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"responsible person", in relation to a motor
vehicle or trailer at the time of an
offence, means each of the following--
(a) the operator of the motor vehicle
or trailer;
5
(b) in the case of a trailer, the operator
of the motor vehicle to which the
trailer was attached at that time;
(c) the person nominated in an
effective known user statement or
10
an effective sold vehicle
statement;
(d) in the case of an offence against
section 73(1) of the Melbourne
City Link Act 1995, without
15
limiting paragraphs (a), (b) and
(c), the person nominated as the
driver of the motor vehicle at that
time in a statement or declaration
supplied in accordance with
20
section 72(3) of that Act;
"sold vehicle statement", in relation to an
offence involving a motor vehicle or
trailer, means a statement in writing
made by a person--
25
(a) to the effect that--
(i) the person had sold or
otherwise disposed of the
motor vehicle or trailer
before the time of the
30
offence or that any interest in
the motor vehicle or trailer
had otherwise ceased to be
vested in the person before
that time; and
35
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(ii) the person was not at that
time driving, or had not at
that time possession or
control of, the motor vehicle
or trailer or the motor vehicle
5
to which the trailer was
attached; and
(b) containing sufficient information
to identify and locate the person to
whom the motor vehicle or trailer
10
was sold or disposed of, or in
whom an interest in the motor
vehicle or trailer was otherwise
vested, and the date and, if
relevant, the time of the sale,
15
disposal or vesting;
"unknown user statement", in relation to
an offence involving a motor vehicle or
trailer, means a statement in writing
made by a person to the effect that the
20
person--
(a) was not at the time of the offence
driving, or had not at that time
possession or control of, the motor
vehicle or trailer or the motor
25
vehicle to which the trailer was
attached; and
(b) does not know and could not with
reasonable diligence ascertain the
identity of the person who was at
30
that time driving or, had at that
time possession or control of, the
motor vehicle or trailer or the
motor vehicle to which the trailer
was attached and giving reasons
35
for not knowing and not being
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able to ascertain the identity of
that person.
84BC. Operator onus offences
(1) If the Act or legislative instrument that
creates an offence that may be committed by
5
the driver or person in charge of a motor
vehicle or trailer, or any other Act or
legislative instrument, expressly states that
the offence is an operator onus offence for
the purposes of this Part, then (except as
10
otherwise provided by this Part) the person
who at the time of the offence is the
responsible person in relation to the motor
vehicle or trailer is guilty of the offence as if
that person were the driver or person in
15
charge (as the case requires) of the motor
vehicle or trailer at that time.
(2) Nothing in sub-section (1) affects the
liability of the person actually driving, or in
charge of, as the case requires, the motor
20
vehicle or trailer at the time of the offence.
(3) The operator of a motor vehicle or trailer
only ceases to be the responsible person in
relation to the motor vehicle or trailer if
another person is the responsible person in
25
relation to that vehicle or trailer by force of
section 84BE or 84BF.
(4) A person who by force of this section is
guilty of an offence is liable to the same
penalties and subject to the same
30
consequences to which the person would
have been liable and subject had the person
been the driver, or in charge, as the case
requires, of the motor vehicle or trailer at the
time of the offence.
35
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84BD. Effect of payment of penalty, etc.
(1) If by force of section 84BC more than one
person may be guilty of an offence involving
a motor vehicle or trailer and the full amount
of any monetary penalty is paid (and not
5
refunded under section 88(4)) and any other
necessary consequence (including the
recording of demerit points against the
person) is suffered by any one of them in
relation to the offence, no further penalty or
10
consequence may be imposed on or
recovered from that person or any other
person in relation to the offence.
(2) Despite sub-section (1), the payment of a
monetary penalty or the recording of demerit
15
points in relation to an offence that is an
operator onus offence by force of
section 66--
(a) may be recorded for the purposes of a
heavy vehicle registration suspension
20
scheme within the meaning of section
89(7); and
(b) does not prevent the suspension of the
registration of a heavy vehicle under
that scheme.
25
84BE. Use of effective statement to avoid liability
(1) A person is not guilty of an offence by force
of section 84BC if--
(a) within the prescribed period the person
gives to an enforcement official--
30
(i) an illegal user statement; or
(ii) a known user statement; or
(iii) a sold vehicle statement; or
(iv) an unknown user statement; and
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(b) the statement is an effective statement
for the purposes of this Part.
Note 1: A statement may cease to be an effective
statement under section 84BF.
5 Note 2: It is an offence to provide false or misleading
information in a statement: see section 84BI.
(2) Information contained in a known user
statement or a sold vehicle statement
identifying a person is sufficient for the
purposes of this Part if it contains--
10
(a) in the case of an individual, his or her
full name and current home address and
either his or her date of birth or the
number of the licence or permit
authorising him or her to drive and, if
15
that licence or permit is issued by a
corresponding Authority, the name of
that Authority; and
(b) in the case of a person other than an
individual, its full name and current
20
address and (where applicable) its
Australian Business Number or
Australian Company Number; and
(c) in any case, any other prescribed
information.
25
(3) A statement containing all the information
required by sub-section (2) is an effective
statement for the purposes of this Part.
(4) In addition, an enforcement official may
decide to accept a known user statement or a
30
sold vehicle statement as an effective
statement for the purposes of this Part even if
it does not contain all the information
required by sub-section (2) if the
enforcement official is satisfied that it
35
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contains sufficient information to identify
and locate the nominated person.
(5) An enforcement official may decide to
accept an illegal user statement or an
unknown user statement as an effective
5
statement for the purposes of this Part if
satisfied as to the matters stated in it.
(6) An enforcement official to whom a known
user statement or sold vehicle statement (not
containing all the information required by
10
sub-section (2)) or an illegal user statement
or an unknown user statement is given under
sub-section (1) must, within the prescribed
period, cause a notice to be served on the
person who gave the statement stating
15
whether or not the enforcement official has
decided under sub-section (4) or (5) (as the
case requires) to accept the statement as an
effective statement for the purposes of this
Part.
20
(7) If sub-section (6) is not complied with in
respect of a statement, the enforcement
official must be taken to have decided to
accept the statement as an effective
statement for the purposes of this Part.
25
(8) A notice under sub-section (6) may be served
by post addressed to the person at an
authorised address (within the meaning of
section 163A of the Infringements Act
2006).
30
(9) A notice under sub-section (6) served in
accordance with sub-section (8) and returned
undelivered to its sender is deemed to be
served 14 days after the date specified in the
notice as the date of the notice, despite it
35
being returned to its sender as undelivered.
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(10) Sub-section (9) has effect despite anything to
the contrary in section 49(1) of the
Interpretation of Legislation Act 1984.
84BF. Cancellation of acceptance of statement
(1) An enforcement official may cancel the
5
acceptance of a statement as an effective
statement for the purposes of this Part
(including a statement taken to have been
accepted by force of section 84BE(7))--
(a) if in the case of a known user statement
10
or a sold vehicle statement, the person
nominated in the statement as being the
responsible person gives to an
enforcement official within the
prescribed period a nomination
15
rejection statement and the enforcement
official is satisfied, having regard to the
matters stated in the nomination
rejection statement, that the nomination
was incorrect; or
20
Note: It is an offence to provide false or misleading
information in a statement: see section 84BI.
(b) if in the case of a statement not
containing all the information required
by section 84BE(2), the information
25
contained in the statement proves not to
be sufficient to identify or locate the
nominated person; or
(c) in prescribed circumstances.
(2) If the acceptance of a statement as an
30
effective statement is cancelled under sub-
section (1), on that cancellation--
(a) the statement ceases to be an effective
statement for the purposes of this Part;
and
35
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(b) the person who would, but for the
statement, have continued to be the
responsible person in relation to the
motor vehicle or trailer (as the case
requires) becomes again the responsible
5
person.
84BG. Proceedings against nominated persons
(1) A proceeding against a person nominated in
an effective known user statement or sold
vehicle statement for an offence to which
10
this Part applies may be commenced not later
than 12 months after--
(a) the day on which the statement was
given to the enforcement official; or
(b) if the statement again becomes an
15
effective statement because of the
cancellation under section 84BF(1) of
the acceptance of a subsequent
statement, the day on which the
subsequent statement is cancelled.
20
(2) In a proceeding referred to in sub-section (1)
the known user statement or sold vehicle
statement is evidence and, in the absence of
evidence to the contrary, proof of the matters
stated in it.
25
84BH. Defences to operator onus offences
In a proceeding for an operator onus offence
it is a defence to the charge for the defendant
to prove any of the following--
(a) that the defendant had made an illegal
30
user statement, a known user statement,
a sold vehicle statement or an unknown
user statement within the prescribed
period and that the statement is, or
ought to have been accepted by an
35
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enforcement official as, an effective
statement for the purposes of this Part;
(b) that the acceptance as an effective
statement for the purposes of this Part
of an illegal user statement, known user
5
statement, sold vehicle statement or
unknown user statement made by the
defendant ought not to have been
cancelled under section 84BF(1);
(c) if the proceeding against the defendant
10
is based on a nomination made in a
known user statement or sold vehicle
statement, that the defendant had made
a nomination rejection statement and
that an enforcement official ought to
15
have been satisfied, having regard to
the matters stated in the nomination
rejection statement, that the nomination
was incorrect;
(d) if the proceeding against the defendant
20
is based on a nomination made in a
statement or declaration supplied in
accordance with section 72(3) of the
Melbourne City Link Act 1995, that
the defendant was not the driver of the
25
vehicle at the time of the offence.
84BI. Offence to provide false or misleading
information
A person must not in a statement given under
section 84BE(1) or 84BF(1)(a) to an
30
enforcement official provide information that
the person knows to be false or misleading in
a material respect.
Penalty: 60 penalty units.'.
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25. Repeal of section 85
Section 85 of the Road Safety Act 1986 is
repealed.
26. New section 86 substituted
For section 86 of the Road Safety Act 1986
5
substitute--
"86. Parking infringements to be operator
onus offences
A parking infringement is an operator onus
offence for the purposes of Part 6AA.".
10
See: 27. Service of infringement notices under Melbourne
Act No.
City Link Act 1995
107/1995.
Reprint No. 6
(1) After section 80(2) of the Melbourne City Link
as at
10 February
Act 1995 insert--
2006 and
amending Act
"(2A) In addition to and without limiting section 12
15 Nos 61/2005,
of the Infringements Act 2006, an
32/2006 and
48/2006.
infringement notice referred to in sub-
LawToday:
section (1) may be served by sending the
www.dms.
dpc.vic.
notice by post addressed to--
gov.au
(a) the owner of the vehicle involved in the
20
offence; or
(b) the driver of that vehicle as shown in a
statement or declaration supplied in
accordance with section 72(3)
or 87(3).".
25
(2) In section 80(2A) of the Melbourne City Link
Act 1995--
(a) for paragraph (a) substitute--
"(a) the responsible person (within the
meaning of Part 6AA of the Road
30
Safety Act 1986) in relation to the
vehicle involved in the offence; or";
(b) in paragraph (b) omit "or 87(3)".
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28. Offences detected by prescribed tolling device to be
operator onus offences
(1) For section 87(1) of the Melbourne City Link
Act 1995 substitute--
"(1) An offence against section 73(1) is an
5
operator onus offence for the purposes of
Part 6AA of the Road Safety Act 1986.".
(2) In section 87 of the Melbourne City Link Act
1995, sub-sections (2), (3), (3A), (4), (5) and (7)
are repealed.
10
29. New section 123 inserted in Melbourne City Link
Act 1995
After section 122 of the Melbourne City Link
Act 1995 insert--
"123. Transitional provision--Road Legislation
15
(Projects and Road Safety) Act 2006
(1) The amendments to sections 80(2A) and 87
of this Act made by sections 27(2) and 28 of
the Road Legislation (Projects and Road
Safety) Act 2006 only apply to offences
20
against section 73(1) of this Act alleged to
have been committed on or after the
commencement of those sections of that Act.
(2) For the purposes of sub-section (1), if an
offence is alleged to have been committed
25
between two dates, one before and one after
the commencement of sections 27(2) and 28
of the Road Legislation (Projects and
Road Safety) Act 2006, the offence is
alleged to have been committed before the
30
commencement of those sections.".
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30. Consequential amendment of Road Safety Act 1986
(1) In the note at the foot of section 26AA(2) of the
Road Safety Act 1986--
(a) for "owner of" substitute "responsible
person in relation to";
5
(b) for "section 66(6)" substitute "section
84BC(4)".
(2) In section 67(5)(b) of the Road Safety Act 1986,
for "sections 66(3) and 88(3)" substitute
"section 88(3)".
10
(3) Section 67(5)(i) of the Road Safety Act 1986 is
repealed.
(4) For section 67(6)(b) of the Road Safety Act 1986
substitute--
"(b) gives a statement under section 84BE to an
15
enforcement official within the meaning of
Part 6AA; or".
(5) In section 67(6)(c) of the Road Safety Act 1986,
for "section 66(3)" substitute "Part 6AA".
31. Consequential amendment of children legislation
20
(1) In Schedule 2A to the Children and Young
Persons Act 1989, for clause 3(2)(j), (k) and (l)
substitute--
"(j) if the infringement notice was served under
section 87 of the Road Safety Act 1986, the
25
child was at the time of the alleged offence
the responsible person (within the meaning
of Part 6AA of the Road Safety Act 1986)
in relation to the vehicle involved in the
offence; and
30
(k) if the infringement notice was issued in
respect of an offence to which section 66 of
the Road Safety Act 1986 applies, the child
was at the time of the alleged offence the
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responsible person (within the meaning of
Part 6AA of the Road Safety Act 1986) in
relation to the motor vehicle or trailer
involved in the offence; and
(l) if the infringement notice was issued in
5
respect of an offence against section 73(1) of
the Melbourne City Link Act 1995, the
child was at the time of the alleged
offence--
(i) the responsible person (within the
10
meaning of Part 6AA of the Road
Safety Act 1986) in relation to the
vehicle involved in the offence; or
(ii) the driver of that vehicle as shown in a
statement or declaration supplied in
15
accordance with section 72(3) of the
Melbourne City Link Act 1995; and".
(2) In Part 2 of Schedule 3 to the Children, Youth
and Families Act 2005, for clause 3(2)(j), (k)
and (l) substitute--
20
"(j) if the infringement notice was served under
section 87 of the Road Safety Act 1986, the
child was at the time of the alleged offence
the responsible person (within the meaning
of Part 6AA of the Road Safety Act 1986)
25
in relation to the vehicle involved in the
offence; and
(k) if the infringement notice was issued in
respect of an offence to which section 66 of
the Road Safety Act 1986 applies, the child
30
was at the time of the alleged offence the
responsible person (within the meaning of
Part 6AA of the Road Safety Act 1986) in
relation to the motor vehicle or trailer
involved in the offence; and
35
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(l) if the infringement notice was issued in
respect of an offence against section 73(1) of
the Melbourne City Link Act 1995, the
child was at the time of the alleged
offence--
5
(i) the responsible person (within the
meaning of Part 6AA of the Road
Safety Act 1986) in relation to the
vehicle involved in the offence; or
(ii) the driver of that vehicle as shown in a
10
statement or declaration supplied in
accordance with section 72(3) of the
Melbourne City Link Act 1995; and".
32. Consequential amendment of Infringements
Act 2006
15
(1) For section 54(2)(e), (f) and (g) of the
Infringements Act 2006 substitute--
"(e) if the infringement notice was served under
section 87 of the Road Safety Act 1986, the
person was at the time of the infringement
20
offence the responsible person (within the
meaning of Part 6AA of the Road Safety
Act 1986) in relation to the vehicle involved
in the offence; and
(f) if the infringement notice was issued in
25
respect of an offence to which section 66 of
the Road Safety Act 1986 applies, the
person was at the time of the infringement
offence the responsible person (within the
meaning of Part 6AA of the Road Safety
30
Act 1986) in relation to the motor vehicle or
trailer involved in the offence; and
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(g) 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 infringement
offence--
5
(i) the responsible person (within the
meaning of Part 6AA of the Road
Safety Act 1986) in relation to the
vehicle involved in the offence; or
(ii) the driver of that vehicle as shown in a
10
statement or declaration supplied in
accordance with section 72(3) of the
Melbourne City Link Act 1995; and".
(2) In section 55(h) of the Infringements Act 2006,
for "driver" (where twice occurring) substitute
15
"person".
(3) In section 162(4) of the Infringements Act 2006,
for paragraphs (b), (c) and (d) substitute--
"(b) if the infringement notice was served under
section 87 of the Road Safety Act 1986, to
20
the last address of the person who is the
responsible person (within the meaning of
Part 6AA of the Road Safety Act 1986) in
relation to the vehicle involved in the offence
at the time of the offence; or
25
(c) if the infringement notice was issued in
respect of an offence to which section 66 of
the Road Safety Act 1986 applies, to the last
address of the person who is the responsible
person (within the meaning of Part 6AA of
30
the Road Safety Act 1986) in relation to the
motor vehicle or trailer involved in the
offence at the time of the offence; or
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(d) if the infringement notice was issued in
respect of an offence against section 73(1) of
the Melbourne City Link Act 1995--
(i) to the last address of the person who is
the responsible person (within the
5
meaning of Part 6AA of the Road
Safety Act 1986) in relation to the
vehicle involved in the offence at the
time of the offence; or
(ii) to the last address of the driver of that
10
vehicle as shown in a statement or
declaration supplied in accordance with
section 72(3) of the Melbourne City
Link Act 1995; or".
__________________
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Act No.
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s. 33
PART 6--IMPOUNDMENT, IMMOBILISATION AND
FORFEITURE OF MOTOR VEHICLES
See:
Division 1--Amendment of Chattel Securities Act 1987 Act No.
15/1987.
33. Certificate Reprint No. 2
as at
(1) In section 24(2)(b) of the Chattel Securities Act 1 July 1999
5
and
1987, for "obtained." substitute "obtained; or". amending
Act Nos
(2) After section 24(2)(b) of the Chattel Securities 99/2000,
44/2001,
Act 1987 insert-- 92/2001,
110/2004 and
"(c) goods which are specified in a notice served 32/2006.
under section 84W(1) or 84Y(1) of the Road
10 LawToday:
www.dms.
Safety Act 1986. dpc.vic.
gov.au
Note: Sections 84W(1) and 84Y(1) of the Road
Safety Act 1986 provide that the Chief
Commissioner of Police must notify certain
15 persons if he or she intends to make an
application for an order for the impoundment,
immobilisation or forfeiture of a motor vehicle.
Sections 84X and 84Y(4) of that Act prohibit a
person from selling or disposing of an interest
20 in that motor vehicle before such an
application is made and determined.".
Division 2--Amendment of Road Safety Act 1986
34. Powers of Corporation
In section 5AB(1) of the Road Safety Act 1986,
after "Part" insert "and Part 6A".
25
35. Effecting registration, renewal or transfer
In section 9(1) of the Road Safety Act 1986, after
"regulations" insert "and Division 3 of Part 6A".
36. Notice
(1) In sections 84W(1)(c) and 84Y(1)(c) of the Road
30
Safety Act 1986, for "sought." substitute
"sought; and".
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s. 37
(2) After sections 84W(1)(c) and 84Y(1)(c) of the
Road Safety Act 1986 insert--
"(d) the Corporation.".
37. Interest in motor vehicle not to be transferred
In sections 84X(1) and 84Y(4) of the Road Safety
5
Act 1986, after "determined," insert "or if an
impoundment or immobilisation order or a
forfeiture order is made, before the motor vehicle
is seized under this Division,".
38. New sections 84YA, 84YB and 84YC inserted
10
After section 84Y of the Road Safety Act 1986
insert--
"84YA. Direction not to transfer registration or
register motor vehicle
(1) Within 7 days after service of a notice under
15
section 84W(1) or 84Y(1), the Chief
Commissioner of Police must direct the
Corporation--
(a) not to transfer the registration of the
motor vehicle that is the subject of the
20
notice from the registered operator to
another person; or
(b) not to register (other than by way of
renewal) the motor vehicle that is the
subject of the notice, unless the
25
applicant for registration was the most
recent registered operator of that motor
vehicle--
until the Chief Commissioner notifies the
Corporation that the direction has ceased in
30
accordance with sub-section (3).
(2) Sub-section (1) applies whether or not an
actual application for transfer of registration
or registration has been made.
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s. 38
(3) The Chief Commissioner of Police must
notify the Corporation that the direction not
to transfer registration or register under sub-
section (1) has ceased when any of the
following occurs--
5
(a) if a notice is served under
section 84W(1)--
(i) the driver is found not guilty of
the relevant offence for which the
application specified in the notice
10
is made and the driver is not found
guilty of any other relevant
offence arising out of the same
single set of circumstances;
(ii) the Chief Commissioner of Police
15
does not make the application
referred to in the notice within
28 days after the driver is
sentenced for a relevant offence;
(iii) the charge for the relevant offence
20
specified in the notice is
withdrawn and no other charge is
laid for any other relevant offence
arising out of the same single set
of circumstances;
25
(b) if a notice is served under
section 84Y(1)--
(i) the driver is found not guilty of
one or more relevant offences
which results in the driver being
30
subject to only one remaining
charge for a relevant offence;
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s. 38
(ii) the Chief Commissioner of Police
does not make the application
referred to in the notice within
28 days after the driver is
sentenced for the second or third
5
relevant offence;
(iii) the charges for one or more of the
relevant offences specified in the
notice are withdrawn which
results in the driver being subject
10
to only one remaining charge for a
relevant offence;
(c) the court hearing the application
declines to make an impoundment or
immobilisation order or a forfeiture
15
order;
(d) the court sets aside an impoundment or
immobilisation order or a forfeiture
order under section 84ZA;
(e) an impoundment or immobilisation
20
order or a forfeiture order is set aside
on appeal or, as a result of a conviction
for a relevant offence being set aside on
appeal, the order ceases to have effect;
(f) the period of impoundment or
25
immobilisation specified in an
impoundment or immobilisation order
ends;
(g) a forfeiture order becomes effective and
a member of the police force or an
30
authorised person takes possession of
the motor vehicle that is the subject of
the forfeiture order.
Note: Section 84ZB sets out when an order
35 takes effect.
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s. 38
84YB. Corporation not to transfer registration or
register motor vehicle
(1) If directed by the Chief Commissioner of
Police under section 84YA, and until notified
by the Chief Commissioner under that
5
section that the direction has ceased, the
Corporation must not--
(a) transfer the registration of the motor
vehicle that is the subject of a notice
served under section 84W(1) or 84Y(1)
10
from the registered operator to another
person; or
(b) register (other than by way of renewal)
the motor vehicle that is the subject of a
notice served under section 84W(1) or
15
84Y(1), unless the applicant for
registration was the most recent
registered operator of that motor
vehicle.
(2) If the Chief Commissioner of Police gives a
20
direction under section 84YA(1) in respect
of a motor vehicle, the Corporation must
send to the registered operator of the motor
vehicle a notice advising that no transfer of
registration will occur in relation to that
25
motor vehicle until the Chief Commissioner
gives notification under section 84YA(3).
84YC. Cessation of direction under this Act does
not affect any suspension
The cessation of a direction not to transfer
30
the registration of, or register, a motor
vehicle under this Division does not affect
the suspension of that registration under any
other Act or law.".
__________________
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Act No.
Part 7--Miscellaneous Amendments to Road Safety Act 1986
s. 39
PART 7--MISCELLANEOUS AMENDMENTS TO ROAD
SAFETY ACT 1986
39. Definitions
In section 3(1) of the Road Safety Act 1986--
(a) insert the following definitions--
5
' "chassis number", in relation to a motor
vehicle, means the identification
number--
(a) permanently marked on the
chassis or other part of the vehicle
10
by the vehicle manufacturer at the
time of manufacture; or
(b) specified by the Corporation in
accordance with the regulations;
"engine identification number", in relation
15
to a motor vehicle, means the
individual number clearly stamped,
embossed or otherwise permanently
marked on the engine block or main
component of the engine;
20
"identification plate", in relation to a motor
vehicle, has the same meaning as in the
Motor Vehicle Standards Act 1989 of
the Commonwealth;
"manufacturer's build plate", in relation to
25
a motor vehicle, means a plate which
describes the build specification of the
vehicle and which was placed on the
vehicle by the manufacturer at the time
of its manufacture;
30
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s. 39
"vehicle identification number", in relation
to a motor vehicle, means the
17 character alpha-numeric identifier--
(a) placed on the vehicle in
accordance with Australian
5
Design Rule 61; or
(b) specified by the Corporation in
accordance with the regulations--
that uniquely identifies the vehicle and
sets it apart from similar vehicles;
10
"vehicle identifier", in relation to a motor
vehicle, means--
(a) in the case of a motor vehicle
manufactured on or after
1 January 1989, the vehicle
15
identification number permanently
recorded on the vehicle; or
(b) in any other case, the chassis
number marked on the vehicle in
accordance with clause 58 of
20
Schedule 8 to the Road Safety
(Vehicles) Regulations 1999 or in
accordance with a law of another
State or a Territory that
corresponds with that clause;';
25
(b) the definitions of "corresponding law" and
"tailgating infringement" are repealed.
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Part 7--Miscellaneous Amendments to Road Safety Act 1986
s. 40
40. Power to inspect motor vehicles and trailers
(1) For section 13(1) of the Road Safety Act 1986
substitute--
"(1) An authorised officer for the purposes of this
section or a member of the police force may
5
at any reasonable time inspect a motor
vehicle or trailer which is being used on a
highway if the officer or member believes on
reasonable grounds that--
(a) the driver of the motor vehicle is not
10
complying with this Act or the
regulations in driving a motor vehicle
of that kind; or
(b) the motor vehicle or trailer does not
comply with this Act or the
15
regulations.".
(2) For section 13(2) of the Road Safety Act 1986
substitute--
"(2) An authorised officer for the purposes of this
section or a member of the police force may,
20
by notice in accordance with sub-section (3),
require to be produced for inspection at a
place specified in the notice, a motor vehicle
or trailer which the officer or member has
reasonable grounds for suspecting has within
25
the preceding 30 days been used or will be
used on a highway if the officer or member
believes on reasonable grounds that--
(a) the driver of the motor vehicle has not
complied with this Act or the
30
regulations in driving a motor vehicle
of that kind; or
(b) the motor vehicle or trailer does not
comply with this Act or the
regulations.".
35
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Part 7--Miscellaneous Amendments to Road Safety Act 1986
s. 41
41. Definition of vehicle identifier
In section 16B(1) of the Road Safety Act 1986,
the definition of "vehicle identifier" is repealed.
42. Offence if driver not licensed
(1) In section 18(1) of the Road Safety Act 1986,
5
after "sub-section (2)" insert "or (3)".
(2) After section 18(2) of the Road Safety Act 1986
insert--
"(3) If the court is satisfied, in the case of a
person who drove a motor vehicle on a
10
highway in the circumstances referred to in
sub-section (1)(a), that the person may have
been subject to a direction under section
50AAA(1A) or 50AAA(3A) or would have
been subject to a direction under section
15
50AAA(2) or 50AAA(3)(b) had the person
applied under section 50(4) for an order as to
the issue of a driver licence or permit or,
having applied under that section, had the
court not refused to make the order sought,
20
that person is liable to a fine of not more
than 30 penalty units or to imprisonment for
a term of not more than 4 months.
(4) If sub-section (3) applies, the court may, if it
considers it appropriate to do so, order that
25
the motor vehicle concerned be immobilised
(whether by wheel clamps or any other
means) for a period specified in the order of
up to 12 months.
(5) An order under sub-section (4) may be made
30
subject to specified conditions.
(6) The court may make an order under sub-
section (4) whether the motor vehicle is
owned by the offender or another person.
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(7) If the court considers that another person,
who is not present at the hearing concerning
the making of an order under sub-section (4),
may be substantially affected by such an
order, the court must issue a summons to that
5
other person to show cause why the order
should not be made.
(8) On return of the summons, the court may,
after hearing the evidence brought before it,
make or refuse to make the order.".
10
43. New section 47A inserted
After section 47 of the Road Safety Act 1986
insert--
'47A. Definition
(1) In this Part--
15
"corresponding law" means a law of
another State or a Territory that is
declared to be a corresponding law
under sub-section (2).
(2) The Minister may, by Order published in the
20
Government Gazette, declare a law of
another State or Territory to be a
corresponding law for the purposes of this
Part.'.
44. Evidentiary provisions
25
(1) In section 57(2)(b) of the Road Safety Act 1986,
after "section 318(1)" insert "or 319(1)".
(2) In section 57A(1) of the Road Safety Act 1986,
in paragraph (c) of the definition of "prescribed
legal proceeding", after "section 318(1)" insert
30
"or 319(1)".
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s. 45
(3) In section 57B(2)(c) of the Road Safety Act
1986, after "section 318(1)" insert "or 319(1)".
(4) In section 58(1)(b) of the Road Safety Act 1986,
after "section 318(1)" insert "or 319(1)".
45. Unauthorised use of freeway
5
For section 68A(9) of the Road Safety Act 1986
substitute--
'(9) In this section "freeway", "pathway" and
"road reserve" have the same meanings as
in the Road Management Act 2004.'.
10
46. Forgery etc. of documents and identification marks
After section 72(1) of the Road Safety Act 1986
insert--
"(1A) A person is guilty of an offence if that
person--
15
(a) forges; or
(b) fraudulently alters or uses; or
(c) fraudulently lends or allows to be used
by any other person--
any vehicle identifier, engine identification
20
number, identification plate, manufacturer's
build plate or any other plate, label or mark
that uniquely identifies a vehicle and sets it
apart from similar vehicles.
Penalty: 60 penalty units or imprisonment
25
for 6 months.".
47. Penalty for parking infringement
In section 87(4) of the Road Safety Act 1986, for
"$50" substitute "05 penalty unit".
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Part 7--Miscellaneous Amendments to Road Safety Act 1986
s. 48
48. Non-road activities on highways
(1) In section 99B(1) of the Road Safety Act 1986,
for "a road authority" substitute "the coordinating
road authority".
(2) In sections 99B(2) and 99B(3)(a) of the Road
5
Safety Act 1986, for "road authority" substitute
"coordinating road authority".
49. Statute law revision
In Schedule 1 to the Road Safety Act 1986, for
"Section 50" substitute "Sections 50 and 89C".
10
50. New section 103L inserted
Before section 104 of the Road Safety Act 1986
insert--
"103L. Transitional provisions--Road Legislation
(Projects and Road Safety) Act 2006
15
(1) The amendments to a section of this Act
made by Part 2 of the Road Legislation
(Projects and Road Safety) Act 2006 only
apply to offences alleged to have been
committed on or after the commencement of
20
that Part.
(2) Sections 50(1AC) and 50AAA(2A) of this
Act, as inserted by section 19 of the Road
Legislation (Projects and Road Safety)
Act 2006, and sections 50AAB, 50AAC,
25
50AA and 89C of this Act, as amended by
that section 19, only apply to offences or
infringements alleged to have been
committed on or after the commencement of
that section 19.
30
(3) Section 70(1C) of this Act, as substituted by
section 10 of the Road Legislation
(Projects and Road Safety) Act 2006 only
applies to offences against section 70(1A)
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s. 50
alleged to have been committed on or after
the commencement of that section 10.
(4) The amendments made to a section of this
Act by any of the following provisions of the
Road Legislation (Projects and Road
5
Safety) Act 2006 only apply to offences
alleged to have been committed on or after
the commencement of that provision--
(a) section 21(1)(a);
(b) section 21(2);
10
(c) section 22(1)(a);
(d) section 22(2).
(5) Part 6AA of this Act, as inserted by
section 24 of the Road Legislation
(Projects and Road Safety) Act 2006, and
15
sections 66 and 86 of this Act, as substituted
by sections 23 and 26 respectively of that
Act, only apply to offences alleged to have
been committed on or after the
commencement of that section 24, 23 or 26
20
(as the case requires).
(6) For the purposes of sub-sections (1) to (5), if
an offence is alleged to have been committed
between two dates, one before and one after
the commencement of a provision of the
25
Road Legislation (Projects and Road
Safety) Act 2006, the offence is alleged to
have been committed before the
commencement of that provision.
(7) The amendment of section 158 of this Act by
30
section 14 of the Road Legislation
(Projects and Road Safety) Act 2006
applies to a breach that occurred before, on
or after the commencement of that
amendment.
35
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s. 50
(8) The amendment of sections 174(3) and
175(3) of this Act by section 15 of the Road
Legislation (Projects and Road Safety)
Act 2006 applies to offences alleged to have
been committed before, on or after the
5
commencement of that amendment.".
__________________
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Act No.
Part 8--Amendments to Road Management Act 2004
s. 51
See:
PART 8--AMENDMENTS TO ROAD MANAGEMENT
Act No.
ACT 2004 12/2004.
Reprint No. 1
as at
51. Definitions 1 July 2004
and
In section 3(1) of the Road Management amending
Act 2004--
5 Act Nos
39/2004,
(a) in the definition of "road infrastructure"-- 108/2004,
110/2004,
14/2005,
(i) in paragraph (b), for "infrastructure;" 24/2005,
substitute "infrastructure--"; 61/2005,
95/2005,
(ii) after paragraph (b) insert-- 9/2006 and
32/2006.
'but does not include--
10 LawToday:
www.dms.
(c) if the irrigation channel, sewer or dpc.vic.
gov.au
drain is "works" within the
meaning of the Water Act 1989,
any bridge or culvert over an
irrigation channel, sewer or drain,
15
other than a bridge or culvert
constructed by a road authority; or
(d) a bridge or culvert over a sewer or
drain constructed under
section 132 of the Melbourne
20
and Metropolitan Board of
Works Act 1958;';
(b) in the Example at the foot of the definition of
"road infrastructure" omit "A bridge, culvert
or ford would be a structure forming part of a
25
roadway.";
(c) in the definition of "road-related
infrastructure", after "installed" insert
"or constructed".
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Part 8--Amendments to Road Management Act 2004
s. 52
52. Interpretation and application
(1) In section 5(2) of the Road Management
Act 2004--
(a) after "provisions of" insert "section 3E,";
(b) omit "1,".
5
(2) In section 5(10)(b) of the Road Management
Act 2004, for "section 245B" substitute
"section 254B".
53. Power of VicRoads to make declarations in respect
of roads
10
For section 14(1)(c) of the Road Management
Act 2004 substitute--
"(c) amend or revoke a declaration under this
section.".
54. Arrangements to transfer road management
15
functions
(1) For the heading to section 15 of the Road
Management Act 2004 substitute--
"Arrangements to transfer road management
functions".
20
(2) For section 15(1) of the Road Management Act
2004 substitute--
"(1) A road authority may enter into an
arrangement with another road authority or a
utility to transfer a road management
25
function of the road authority that would
otherwise apply under section 36 or 37 with
respect to a road to the other road authority
or to the utility.".
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s. 55
(3) After section 15(1) of the Road Management Act
2004 insert--
"(1A) A road authority may enter into an
arrangement with a utility to transfer a road
management function of the utility to the
5
road authority.".
(4) In section 15(3) of the Road Management Act
2004 omit "road authority which is a".
55. Register of public roads
(1) In section 19(1) of the Road Management Act
10
2004, after "specifying the" insert "public".
(2) At the foot of section 19(1) of the Road
Management Act 2004 insert--
"Note: Section 17 establishes which roads are public roads.".
56. Amendment of certain references in section 116
15
In section 116(4) of the Road Management
Act 2004--
(a) for "sub-section (1)" substitute
"sub-section (3)";
(b) for "section 116" substitute "section 115".
20
57. Compensation payable by a road authority in
certain circumstances
In section 127(1) of the Road Management Act
2004, for "Schedule 2" substitute "clause 2 of
Schedule 2".
25
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Part 8--Amendments to Road Management Act 2004
s. 58
58. Schedule 2
In Schedule 2 to the Road Management Act
2004, for clause 5(1) substitute--
"(1) A road authority must publish a notice of the making,
5 amending or revoking of a declaration under
section 42 or of the making, amending, revoking or
substitution of a policy under clause 3 in the
Government Gazette.".
__________________
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Act No.
Part 9--Land Compensation Amendments
s. 59
PART 9--LAND COMPENSATION AMENDMENTS
59. Land Acquisition and Compensation Act 1986--
matters affecting compensation
(1) After section 43(1) of the Land Acquisition and
Compensation Act 1986 insert--
5
"(1A) Despite anything to the contrary in this Part,
in assessing compensation, if--
(a) the land in which the acquired interest
subsists is reserved for a public purpose
in a planning instrument; and
10
(b) the reservation forms the boundary of a
zone in that planning instrument; and
(c) the decision to impose the zoning
boundary was not related to the purpose
for which the interest in land was
15
acquired--
regard may be had to the actual zoning of the
land in which the acquired interest subsists
and, where relevant, to the actual zoning
boundary."
20
(2) After section 43(5) of the Land Acquisition and
Compensation Act 1986 insert--
"(6) Despite the amendment of this section by the
Road Legislation (Projects and Road
Safety) Act 2006, this section continues to
25
apply in relation to an entitlement to
compensation arising under this Act before
the commencement of section 59 of that Act
as if section 59 of that Act had not been
enacted.".
30
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s. 60
(3) In section 41(7) of the Land Acquisition and
Compensation Act 1986 for "as if the underlying
zoning applied to the land" substitute "on the
basis of the actual zoning that applied to the land".
60. Planning and Environment Act 1987--new section
5
104A inserted
After section 104 of the Planning and
Environment Act 1987 insert--
"104A. Actual zoning of land may be considered
in determining compensation
10
(1) In assessing compensation under this Part for
the financial loss suffered by the owner or
occupier of land, if--
(a) the land is reserved or is proposed to be
reserved for a public purpose; and
15
(b) the reservation or proposed reservation
forms or will form the boundary of a
zone in a planning scheme or an
amendment to a planning scheme; and
(c) the decision to impose the zoning
20
boundary was not related to the purpose
for which the land is or is proposed to
be reserved--
regard may be had to the actual zoning of the
land as at the date when the liability to pay
25
compensation first arose and, where relevant,
to the actual zoning boundary at that date.
(2) Nothing in this section applies in relation to
a right to compensation or a liability to pay
compensation arising under this Part before
30
the commencement of section 60 of the
Road Legislation (Projects and Road
Safety) Act 2006 and this Part continues to
apply to the determination of that
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compensation as if section 60 of that Act had
not been enacted.".
__________________
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Act No.
Part 10--Amendments to the Alpine Resorts (Management) Act 1997
s. 61
PART 10--AMENDMENTS TO THE ALPINE RESORTS
(MANAGEMENT) ACT 1997
61. Insertion of new Part 5A
After Part 5 of the Alpine Resorts
(Management) Act 1997 insert--
5
'PART 5A--MOUNT HOTHAM VILLAGE
ROAD PROJECT
57A. Definitions
In this Part--
"designated area" means the land shown
10
hatched on the plan in the Schedule;
"road project area" means the land that
becomes the road project area under
section 57B(3).
57B. Road project area
15
(1) The Minister--
(a) on receiving a plan, signed by the
Surveyor-General, of land that is within
the designated area; and
(b) on being satisfied that the land shown
20
on the plan represents the land that is to
be the road project area--
may recommend to the Governor in Council
that the land be determined to be the road
project area.
25
(2) On receiving the Minister's recommendation
under sub-section (1), the Governor in
Council may, by Order published in the
Government Gazette, declare the land to be
the road project area.
30
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(3) On the publication of an Order under sub-
section (2), the land becomes the road
project area.
57C. Power of VicRoads to enter into
agreement as to property in the road
5
project area
(1) VicRoads may enter into an agreement with
the Mount Hotham Alpine Resort
Management Board as to the management or
use of or access to any personal property of
10
VicRoads that is on land in the road project
area.
(2) An agreement under sub-section (1)--
(a) must be in writing; and
(b) may be for any term not exceeding
15
99 years; and
(c) may provide for any rights or
obligations under the agreement to be
assigned by the Mount Hotham Alpine
Resort Management Board to another
20
person and for further assignments of
any such rights or obligations, with the
consent of the Board.
(3) The power to enter into an agreement under
this section is in addition to any other powers
25
of VicRoads and must not be taken to
derogate from those powers.
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57D. Powers of Mount Hotham Alpine Resort
Management Board to enter into
agreements as to property in the road
project area
(1) If--
5
(a) the Mount Hotham Alpine Resort
Management Board has entered into an
agreement with VicRoads under
section 57C; and
(b) the agreement that the Board has
10
entered into provides for the
assignment of any rights or obligations
under the agreement--
the Mount Hotham Alpine Resort
Management Board may enter into an
15
agreement for any such assignment.
(2) An agreement under sub-section (1)--
(a) must be in writing; and
(b) may be for any term not exceeding
99 years; and
20
(c) may provide for further assignment of
any rights conferred or obligations
imposed under the agreement.
(3) The power to enter into an agreement under
this section is in addition to any other powers
25
of the Mount Hotham Alpine Resort
Management Board and must not be taken to
derogate from those powers.
57E. Agreement as to further assignment
Any agreement for the assignment of any
30
rights conferred or obligations imposed
under an agreement under section 57D must
not be entered into unless the consent of the
Mount Hotham Alpine Resort Management
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Board has first been obtained to the entering
into of that agreement.'.
62. Insertion of Schedule
After Part 6 of the Alpine Resorts
(Management) Act 1997 insert--
5
"__________________
SCHEDULE
."
__________________
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Act No.
Part 11--M1 Redevelopment Project
s. 63
PART 11--M1 REDEVELOPMENT PROJECT
Division 1--Amendments to Road Management Act 2004
63. Interpretation and application of Act
In section 5(9) of the Road Management Act
2004 after "interests" insert "otherwise than in
5
accordance with the Native Title Act 1993 of the
Commonwealth".
64. New section 45A inserted
After section 45 of the Road Management Act
2004 insert--
10
"45A. Provisions relating to the M1
Redevelopment Project
(1) Without limiting any other powers or duties
of VicRoads under this Act, the powers and
duties of VicRoads include the specific
15
powers and duties set out in Schedule 5A.
(2) Schedule 5A has effect.".
65. New Schedule 5A inserted
After Schedule 5 to the Road Management Act
2004 insert--
20
'SCHEDULE 5A
SPECIFIC PROVISIONS RELATING TO THE M1
REDEVELOPMENT PROJECT
PART 1--INTRODUCTORY
25 1. Definitions
In this Schedule--
"Central Plan Office" means the Central Plan
Office of the Department of
Sustainability and Environment;
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"City Link Minister" means the Minister for
the time being administering the
Melbourne City Link Act 1995;
"Link Upgrade area" has the meaning given
5 by clause 6;
"Link Upgrade Project" means any part of
the M1 Redevelopment Project that
relates to the Link Upgrade area;
"Crown land Minister" means the Minister
10 for the time being administering the
Crown Land (Reserves) Act 1978;
"M1 Redevelopment Project" means the
project described in clause 2 or any part
of that project;
15 "Native Title Act" means the Native Title
Act 1993 of the Commonwealth;
"Planning Minister" means the Minister for
the time being administering the
Planning and Environment Act 1987;
20 "redevelopment acquisition" has the meaning
given by clause 10;
"Redevelopment Project area" has the
meaning given by clause 3;
"Road Minister" means the Minister for the
25 time being administering this Act;
"VicRoads area" means any part of the
Redevelopment Project area other than
the Link Upgrade area.
PART 2--M1 REDEVELOPMENT PROJECT
AND REDEVELOPMENT PROJECT AREA
30
2. M1 Redevelopment Project
In this Schedule a reference to the M1
Redevelopment Project is a reference to the
project for the widening of the M1 Corridor
35 from Doveton to Yarraville.
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3. Redevelopment Project area
(1) Subject to this clause, for the purposes of this
Schedule, the Redevelopment Project area
means the areas of land shown coloured pink
5 and coloured blue on the plans numbered
LEGL./06-358 to LEGL./06-414 and lodged in
the Central Plan Office or, if any of those areas
of land is varied in accordance with this Part,
those areas as so varied.
10 (2) For the purposes of this Schedule, the plans
referred to in sub-clause (1) must be read as one
plan in the manner shown in plans numbered
LEGL./06-356 and LEGL./06-357.
(3) If consolidated plans for the Redevelopment
15 Project area have been approved under clause 5,
then for the purposes of this Schedule, the
Redevelopment Project area means the areas of
land shown as the Redevelopment Project area
on the current approved consolidated plans or,
20 if any of those areas of land is varied in
accordance with this Part, those areas as so
varied.
4. Changes to Redevelopment Project area
(1) The Governor in Council may, by Order
25 published in the Government Gazette, vary the
Redevelopment Project area by doing all or any
of the following--
(a) increasing the Redevelopment Project
area by adding land in the vicinity of the
30 Redevelopment Project area; or
(b) decreasing the Redevelopment Project
area; or
(c) removing land from the VicRoads area
and adding it to the Link Upgrade area;
35 or
(d) removing land from the Link Upgrade
area and adding it to the VicRoads area.
(2) An Order under this clause takes effect on the
day that it is published in the Government
40 Gazette or, if a later day is specified in the
Order, on that later day.
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(3) An Order under this clause must be made on
the recommendation of the Road Minister, the
City Link Minister and the Planning Minister.
(4) The Ministers must not make a
5 recommendation under sub-clause (3) unless
they have received the appropriate plans, which
have been--
(a) signed by the Surveyor-General; and
(b) lodged at the Central Plan Office.
10 (5) For the purposes of sub-clause (4), the
appropriate plans may show the Redevelopment
Project area as varied.
(6) An Order under this clause may refer to the
plans referred to in clause 3 and sub-clause (4).
15 (7) An Order under this clause may designate land
that is added to the Redevelopment Project area
to be added to and form part of the Link
Upgrade area.
(8) The Road Minister must cause a copy of each
20 Order under this clause to be laid before each
House of the Parliament within 6 sitting days of
that House after the Order is made.
(9) Part 5 of the Subordinate Legislation Act
1994 applies to an Order under this clause as if
25 that Order were a statutory rule within the
meaning of that Act.
5. Consolidated plans
(1) The Governor in Council may, by Order
published in the Government Gazette, approve
30 consolidated plans of the Redevelopment
Project area incorporating all variations to the
Redevelopment Project area made under
clause 4 up to the date of the Order.
(2) An Order under this clause takes effect on the
35 day that it is published in the Government
Gazette or, if a later day is specified in the
Order, on that later day.
(3) An Order under this clause must be made on
the recommendation of the Road Minister.
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(4) The Road Minister must not make a
recommendation under sub-clause (3) unless
the Road 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.
(5) An Order under this clause approving
consolidated plans for the Redevelopment
Project area revokes and replaces any existing
10 approved consolidated plans for the
Redevelopment Project area.
6. Link Upgrade area
(1) Subject to this clause, for the purposes of this
Schedule, the Link Upgrade area means the
15 areas that form part of the Redevelopment
Project area that are shown coloured blue on the
plans numbered LEGL./06-369 to
LEGL./06-377 and lodged in the Central Plan
Office, or if any of those areas of land is varied
20 in accordance with this Part, those areas as so
varied.
(2) For the purposes of this Schedule, the plans
referred to in sub-clause (1) must be read as one
plan.
25 (3) If land is added to or removed from the Link
Upgrade area under clause 5, for the purposes
of this Schedule, the Link Upgrade area means
the areas referred to in sub-clause (1) as so
varied.
30 (4) If consolidated plans for the Redevelopment
Project area have been approved under clause 5,
then for the purposes of this Act, the Link
Upgrade area means the areas of land shown as
the Link Upgrade area on the current approved
35 consolidated plans or, if any of those areas of
land is varied in accordance with this Part,
those areas as so varied.
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PART 3--PLANNING CONTROLS IN THE
REDEVELOPMENT PROJECT AREA
7. Amendment of planning schemes
(1) In addition to any other power to prepare, adopt
5 or approve amendments to planning schemes,
the Planning Minister may--
(a) on the recommendation of the Road
Minister and the City Link Minister,
prepare; and
10 (b) adopt and approve--
amendments to any planning scheme applying
to any land in the Redevelopment Project area
to facilitate the M1 Redevelopment Project.
(2) Without limiting what an amendment may
15 include, an amendment prepared under this
clause may--
(a) impose any conditions on the
development and use of land for the
purposes of the M1 Redevelopment
20 Project that the Planning Minister may
determine; and
(b) provide that no permit is required for all
or any part of that development or use of
land; and
25 (c) specify the Planning Minister as the
responsible authority for the
administration or enforcement of any
provision of a planning scheme
applicable to the M1 Redevelopment
30 Project.
(3) The Planning and Environment Act 1987
(except for sections 12(1)(a), 12(1)(e), 12(2)
and 12(3) and Divisions 1 and 2 of Part 3 and
sections 38(2) to 38(5) and 39(1) to 39(5) and
35 any regulations made for the purposes of those
provisions) applies to the preparation, adoption
and approval of an amendment under this
clause.
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(4) Section 39(7) of the Planning and
Environment Act 1987 applies to an
amendment prepared, adopted or approved
under this clause as if before "Division 1" there
5 were inserted "section 12(1) or".
(5) Section 39(8) of the Planning and
Environment Act 1987 applies to an
amendment prepared or adopted under this
clause as if--
10 (a) for the expression "Except for an
application under this section, a person"
there were substituted "A person"; and
(b) before "Division 1" there were inserted
"section 12(1) or".
15 (6) This clause has effect despite anything in
section 46 of the Planning and Environment
Act 1987 and that section does not apply to an
amendment prepared, adopted or approved
under this clause.
20 8. VicRoads to be referral authority
VicRoads is deemed to be specified as a referral
authority in each planning scheme under the
Planning and Environment Act 1987 to the
extent that it applies to the Redevelopment
25 Project area in respect of any matter affecting
land within the Redevelopment Project area.
9. Planning compensation
Despite anything to the contrary in Part 5 of the
Planning and Environment Act 1987 or in a
30 planning scheme or amendment under that Act,
that Part applies as if--
(a) the Redevelopment Project area had been
reserved under a planning scheme for a
public purpose, being the M1
35 Redevelopment Project; and
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(b) VicRoads were liable to pay any
compensation under that Part that arises
from that deemed reservation and no
other planning authority, responsible
5 authority, Minister or public authority
were liable to pay compensation in
respect of the Redevelopment Project
area under that Part.
PART 4--ACQUISITION OF
REDEVELOPMENT PROJECT LAND
10
Division 1--Acquisition of Land in Redevelopment
Project Area
Subdivision 1--General
10. Application of Division to M1 Redevelopment
15 Project
(1) This Division applies if, under clause 11 of
Schedule 5, VicRoads acquires or intends to
acquire any land in the Redevelopment Project
area for the purposes of the M1 Redevelopment
20 Project (a "redevelopment acquisition").
(2) This Division applies in addition to the
provisions of clause 11 of Schedule 5.
(3) If VicRoads exercises a power conferred by
clause 7 of Schedule 3 in relation to the
25 Redevelopment Project area, this Division
applies to the exercise of that power in addition
to clause 11 of Schedule 5.
(4) This Division and clause 11 of Schedule 5 do
not apply to the compulsory acquisition of
30 native title rights and interests in land in the
Redevelopment Project area.
11. Modification of Land Acquisition and
Compensation Act 1986--general
(1) Section 3(3) of the Land Acquisition and
35 Compensation Act 1986 does not apply to the
extent that this Division is inconsistent with
that Act.
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(2) The Redevelopment Project area is deemed to
have been reserved under a planning instrument
for a public purpose for the purposes of
section 5 of the Land Acquisition and
5 Compensation Act 1986.
(3) Section 8(1) of the Land Acquisition and
Compensation Act 1986 applies to a
redevelopment acquisition as if for
paragraph (e) there were substituted--
10 "(e) state that the land is within the
Redevelopment Project area within the
meaning of Schedule 5A to the Road
Management Act 2004;".
(4) Section 43 of the Land Acquisition and
15 Compensation Act 1986 applies to a
redevelopment acquisition as if after section
43(1)(b) there were inserted--
"(ba) Any special suitability or adaptability of
the land in which the acquired interest
20 subsists for a purpose for which it could
be used under the Road Management
Act 2004 or the Melbourne City Link
Act 1995 for the purposes of the
M1 Redevelopment Project within the
25 meaning of Schedule 5A to the Road
Management Act 2004.".
(5) Section 109 of the Land Acquisition and
Compensation Act 1986 does not apply to an
interest in land acquired under a redevelopment
30 acquisition.
12. Modification of Land Acquisition and
Compensation Act 1986--regulations
The regulations in force from time to time
under the Land Acquisition and
35 Compensation Act 1986 and the forms
prescribed under those regulations apply in
relation to the operation of this Division with
such modifications as are necessary to give
effect to this Division.
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13. Cultural and Recreational Lands Act 1963
Section 3 of the Cultural and Recreational
Lands Act 1963 does not apply to a
redevelopment acquisition.
5 Subdivision 2--Special Acquisition Process
14. Election by VicRoads
VicRoads may, by notice published in the
Government Gazette, elect to use the
procedures under this Division for the
10 acquisition under clause 11 of Schedule 5 of
specified land that is part of the Redevelopment
Project area or land in a specified part of the
Redevelopment Project area for the purposes of
the M1 Redevelopment Project.
15 15. Notice of intention to acquire
(1) If VicRoads has made an election under
clause 14, VicRoads may publish in the
Government Gazette a notice of intention to
acquire the specified land that is part of the
20 Redevelopment Project area or land in the
specified part of the Redevelopment Project
area.
(2) As soon as practicable after the publication of
the notice under sub-clause (1), VicRoads must
25 serve a notice of intention to acquire the land
on--
(a) in the case of land that is under the
operation of the Transfer of Land Act
1958, any person who appears from the
30 Register to have an interest in the land;
and
(b) in the case of land that is not under the
operation of the Transfer of Land Act
1958--
35 (i) any person who appears from an
examination of the Register kept
by the Registrar-General to be the
owner of the fee simple or an
equity of redemption or other
40 interest in the land; and
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(ii) any person whom a municipal
council certifies to be liable to be
rated in respect of the land under
the Local Government Act 1989;
5 and
(c) any person who appears to be an
occupier of the land; and
(d) in the case of an acquisition of a lease
over Crown land or a licence that
10 constitutes an interest in Crown land, any
person whom the Secretary to the
Department of Sustainability and
Environment certifies to be the holder of
an interest in that lease or licence under
15 the Land Act 1958 or the Crown Land
(Reserves) Act 1978.
(3) A municipal council must provide a certificate
under sub-clause (2)(b)(ii) on the written
application of VicRoads stating that it is
20 required for the purposes of this clause.
16. Further modification of Land Acquisition and
Compensation Act 1986
If VicRoads has made an election under
clause 14, then in addition to the modifications
25 to the application of the Land Acquisition and
Compensation Act 1986 made in clause 11,
that Act applies to a redevelopment acquisition
of the land to which the election applies as
further modified by this Division.
30 17. Modification of Part 2 of the Land Acquisition and
Compensation Act 1986
Part 2 of the Land Acquisition and
Compensation Act 1986 applies to an
acquisition referred to in clause 16 as if in that
35 Act--
(a) that Part referred to--
(i) a notice of intention to acquire an
interest in land under clause 15 of
Schedule 5A to the Road
40 Management Act 2004 instead of
a notice of intention to acquire that
interest under that Part;
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(ii) the publication of the notice of
intention to acquire an interest in
land in the Government Gazette
under clause 15 of Schedule 5A to
5 the Road Management Act 2004
instead of the service of a notice of
intention to acquire an interest
under section 6 of that Act;
(b) sections 6, 7 and 13 were omitted;
10 (c) in section 12--
(i) for "section 6" there were
substituted "clause 15(2) of
Schedule 5A to the Road
Management Act 2004";
15 (ii) before "while the notice is in
force" there were inserted "from
the date of service of that notice
and";
(d) for section 14(1) there were substituted--
20 "(1) VicRoads may, by notice
published in the Government
Gazette, amend any error in the
description of any land in a notice
under clause 15 of Schedule 5A to
25 the Road Management Act 2004
or any other matter contained in
the notice.
(1A) as soon as practicable after the
publication of the notice under
30 sub-section (1), VicRoads must
serve a copy of the notice on any
person on whom and in the same
manner as the notice was served
under clause 15 of Schedule 5A to
35 the Road Management Act
2004;";
(e) for section 15(2) there were substituted--
"(2) If VicRoads makes a determination
under sub-section (1), VicRoads
40 must--
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(a) publish a statement
cancelling the notice of
intention to acquire in the
same manner as the notice
5 was published under
clause 15 of Schedule 5A to
the Road Management Act
2004; and
(b) serve a statement cancelling
10 the notice of intention to
acquire on all persons on
whom the notice was served
under clause 15(2) of
Schedule 5A to the Road
15 Management Act 2004.";
(f) for section 24 there were substituted--
"24. Effect of notice of acquisition
On publication in the Government
Gazette of a notice of acquisition
20 of land--
(a) the fee simple in the land
described in the notice vests
in VicRoads without transfer
or conveyance freed and
25 discharged from all trusts,
restrictions, dedications,
limitations, reservations,
obligations, mortgages,
encumbrances, contracts,
30 licences, charges and rates
of any kind; and
(b) any interest that a person has
in the land (including any
interest that a public
35 statutory authority has in the
land) is divested
accordingly, whether or not
notice was given under
clause 15 of Schedule 5A to
40 the Road Management Act
2004 to the owner of that
interest.".
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18. Modification of section 104 of the Land
Acquisition and Compensation Act 1986
Section 104 of the Land Acquisition and
Compensation Act 1986 applies to an
5 acquisition referred to in clause 16 as if--
(a) in sub-section (1) after "post" there were
inserted "or by leaving it at the person's
usual or last known place of residence or
business with a person apparently not
10 less than 16 years of age and apparently
residing or employed at that place"; and
(b) after sub-section (2) there were
inserted--
'(2A) If a notice or other document is to
15 be served on the occupier of any
land and the name of that person is
not known, the document may be
addressed to "the occupier".'.
19. Further modification of Land Acquisition and
20 Compensation Act 1986--regulations
In addition to the modifications to the
application of the regulations under the Land
Acquisition and Compensation Act 1986 and
the forms prescribed under those regulations
25 referred to in clause 12, those regulations and
forms apply in relation to an acquisition to
which an election under clause 14 applies with
such further modifications as are necessary to
give effect to this Division.
30 Division 2--Acquisition of Native Title Rights and
Interests
20. Compulsory acquisition of native title rights and
interests
(1) VicRoads may acquire a native title right or
35 interest in land in the Redevelopment Project
area by a compulsory process for the purposes
of the M1 Redevelopment Project or any
purpose connected with the M1 Redevelopment
Project.
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(2) Subject to this Division, the Land Acquisition
and Compensation Act 1986 applies to a
compulsory acquisition referred to in sub-
clause (1) and for that purpose--
5 (a) the Road Management Act 2004 is the
special Act; and
(b) VicRoads is the Authority.
(3) Section 3(3) of the Land Acquisition and
Compensation Act 1986 does not apply to the
10 extent that this Division is inconsistent with
that Act.
21. Procedure for acquisition
(1) For the purposes of the compulsory acquisition
of native title rights and interests in land,
15 VicRoads is authorised to comply with any
relevant procedure under the Native Title Act
for a valid acquisition of those rights and
interests.
(2) If the procedure under section 24MD(6B) of the
20 Native Title Act applies and an objection is not
made under paragraph (d) of that sub-section
within 2 months after notice is given under that
sub-section, VicRoads may compulsorily
acquire the native title rights and interests.
25 (3) For the purposes of the application of the
procedure under section 24MD(6B) of the
Native Title Act in relation to the compulsory
acquisition, the Tribunal is the independent
body for hearing an objection under section
30 24MD(6B)(f) and clauses 22 and 23 apply.
(4) If an objection is made under section
24MD(6B)(d) of the Native Title Act to a
proposed compulsory acquisition of native title
rights and interests, VicRoads may
35 compulsorily acquire the native title rights and
interests in the land if--
(a) all those objections have been
withdrawn; or
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(b) within 5 months after notification under
section 24MD(6B) of the Native Title
Act of a proposed compulsory
acquisition a request has not been made
5 for the objection to be referred to the
Tribunal.
(5) If an objection made under section
24MD(6B)(d) of the Native Title Act to a
proposed compulsory acquisition is referred to
10 the Tribunal and a determination is made that
the proposed compulsory acquisition proceed,
VicRoads, in accordance with the determination
and subject to this Act, may compulsorily
acquire the native title rights and interests.
15 (6) If the Tribunal makes a determination that the
proposed compulsory acquisition not proceed,
or proceed subject to conditions, VicRoads
must comply with that determination except as
permitted by sub-paragraphs (i), (ii) and (iii) of
20 section 24MD(6B)(g) of the Native Title Act.
22. Referral of objections to Tribunal
(1) A person or body that makes an objection under
section 24MD(6B)(d) of the Native Title Act to
a proposed compulsory acquisition of native
25 title rights and interests may request VicRoads
to refer the objection to the Tribunal.
(2) A request must be made within 5 months after
notification under section 24MD(6B) of the
Native Title Act of the proposed compulsory
30 acquisition.
(3) If a request is made, the Authority must refer
the objection to the Tribunal unless VicRoads
decides not to proceed with the compulsory
acquisition.
35 (4) VicRoads is a party to a proceeding in the
Tribunal in respect of an objection.
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23. Determination of Tribunal on objection
(1) The Tribunal may make any of the following
determinations in respect of an objection
referred to it under clause 22--
5 (a) a determination that the proposed
compulsory acquisition that is the subject
of the objection proceed; or
(b) a determination that the proposed
compulsory acquisition proceed subject
10 to conditions; or
(c) a determination that the proposed
compulsory acquisition not proceed.
(2) In making a determination, the Tribunal must
take into account--
15 (a) the likely impact of the proposed
compulsory acquisition on the objector's
registered native title rights and interests;
and
(b) the measures proposed to be taken to
20 minimise that impact.
(3) For the avoidance of doubt, a determination is
not an order of the Tribunal for the purposes of
the Victorian Civil and Administrative
Tribunal Act 1998.
25 Note: Compare section 79 of the Native Title
Act.
24. Disputed claims for compensation: native title land
If the compensation payable to a person in
respect of the compulsory acquisition of native
30 title rights and interests in land to which this
Division applies does not amount to
compensation on just terms, the person is
entitled to such additional compensation as is
necessary to ensure that compensation is paid
35 on just terms.
25. Cultural and Recreational Lands Act 1963
Section 3 of the Cultural and Recreational
Lands Act 1963 does not apply to the
compulsory acquisition of a right or interest
40 under this Division.
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PART 5--PROVISION OF PUBLIC LAND AND
COUNCIL LAND
Division 1--Surrender or Divesting of Public Land and
Council Land
5 26. Surrender or divesting of land of public authorities
and Councils
(1) The Governor in Council may, by Order
published in the Government Gazette--
(a) require a public authority or municipal
10 council in which land in the
Redevelopment Project area is vested to
surrender that land to the Crown; or
(b) divest land in the Redevelopment Project
area from a public authority or municipal
15 council.
(2) Sub-clause (1) applies whether or not that land
was vested in the public authority or municipal
council by or under this Act or any other Act or
by any other means.
20 (3) Without limiting sub-clause (2), sub-clause (1)
applies to land vested in VicRoads whether or
not the land was vested in VicRoads by or
under this Part.
(4) Sub-clause (1) does not apply to land that is
25 reserved under the Crown Land (Reserves)
Act 1978.
(5) A public authority or municipal council must
comply with a requirement under sub-
clause (1)(a).
30 (6) A power may only be exercised under sub-
clause (1) on the joint recommendation of the
Road Minister and--
(a) in the case of a public authority, the
Minister administering the Act under
35 which the public authority is established;
or
(b) in the case of a municipal council, the
Minister administering the Local
Government Act 1989.
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(7) An Order under this clause may describe the
land by reference to a plan or plans.
27. Surrender of interests in unreserved Crown land
(1) The Road Minister may recommend to the
5 Governor in Council that the interests (if any)
of a public authority or a municipal council in
any Crown land that is a part of the
Redevelopment Project area be surrendered to
the Crown on--
10 (a) receiving a plan of land signed by the
Surveyor-General; and
(b) being satisfied that the land shown on the
plan represents land, the interests in
which are to be surrendered to the
15 Crown.
(2) Sub-clause (1) does not apply to land that is
reserved under the Crown Land (Reserves)
Act 1978.
(3) On receiving the Minister's recommendation,
20 the Governor in Council may, by Order
published in the Government Gazette, declare
that the interests (if any) in the land shown on
the plan are surrendered to the Crown.
(4) An Order under this clause may describe the
25 land by reference to the plan referred to in sub-
clause (1).
28. Effect of surrender or divesting
(1) This clause applies to land on--
(a) the conveyance to the Crown or the
30 registration of an instrument of transfer
and surrender to the Crown of the land
that a public authority or municipal
council is required to surrender under
clause 26(1)(a); or
35 (b) the publication in the Government
Gazette of an Order under clause
26(1)(b) in respect of the land; or
(c) the publication in the Government
Gazette of an Order under clause 27 in
40 respect of the land.
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(2) The land is deemed to be unalienated land of
the Crown and is freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests.
5 (3) Unless the relevant Order under clause 26 or 27
expressly excludes the operation of this sub-
clause, if any part of the land is or is being used
as a road--
(a) that part of the land ceases to be a road;
10 and
(b) all rights, easements and privileges
existing or claimed in that part of the
land either in the public or by any body
or person as incident to any express or
15 implied grant, or past dedication or
supposed dedication or by user or
operation of law or otherwise, cease.
(4) Unless the relevant Order under clause 26 or 27
expressly excludes the operation of this sub-
20 clause, if any part of the land is the bed, soil
and banks of a river, all rights, easements and
privileges existing or claimed in that part of the
land either in the public or by any body or
person as incident to any express or implied
25 grant, or past dedication or supposed dedication
or by user or operation of law or otherwise,
cease.
(5) If the relevant Order under clause 26 or 27
provides for the land or any part of the land to
30 be reserved for the purposes of the Link
Upgrade Project, 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
35 the Link Upgrade Project.
(6) If the relevant Order under clause 26 or 27 does
not provide for the land to be reserved for the
purposes of the Link Upgrade Project, the land
is vested in fee simple in VicRoads.
40 (7) Sub-clause (3) does not apply if the land is land
for which a lease has been granted under
section 60 or 93G of the Melbourne City Link
Act 1995.
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(8) This clause has effect despite anything to the
contrary in section 175A of the Water
Industry Act 1994, section 10 of or clause 1 of
Schedule 5 to this Act or any other Act.
5 29. Temporary reservation may be amended or
revoked
The reservation of land under clause 28(5) may
be amended, revoked and otherwise dealt with
in accordance with the Crown Land
10 (Reserves) Act 1978.
Division 2--Removal of Reservations on Land
30. Land Acts not to apply
This Division has effect despite anything to the
contrary in the Crown Land (Reserves) Act
15 1978 or the Land Act 1958.
31. Revocation of reservations--entire reservation
(1) If any Crown land permanently or temporarily
reserved under the Crown Land (Reserves)
Act 1978 is entirely within the Redevelopment
20 Project area, the Road Minister and the Crown
land Minister may jointly recommend to the
Governor in Council that the reservation of that
land be revoked in its entirety.
(2) On receiving the Ministers' recommendation,
25 the Governor in Council may, by Order
published in the Government Gazette, revoke
the following--
(a) any Order in Council reserving the land;
(b) any Crown grant, certificate of title or
30 folio of the Register issued or created
with respect to the land.
32. Revocation of reservations--part of reservation
(1) If any Crown land permanently or temporarily
reserved under the Crown Land (Reserves)
35 Act 1978 is within the Redevelopment Project
area, and if only part of the reservation of that
land is to be revoked, the Road Minister and the
Crown land Minister on--
(a) receiving a plan of land signed by the
40 Surveyor-General; and
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(b) being satisfied that the land shown on the
plan represents that part of the
reservation to be revoked--
may jointly recommend to the Governor in
5 Council that that part of the reservation be
revoked.
(2) On receiving the Ministers' recommendation,
the Governor in Council may, by Order
published in the Government Gazette, revoke
10 the following--
(a) any Order in Council reserving the land;
(b) any Crown grant, certificate of title or
folio of the Register issued or created
with respect to the land--
15 to the extent that the Order in Council, Crown
grant, certificate of title or folio relates to the
land shown on the plan.
(3) An Order under this clause may describe the
land by reference to the plan referred to in sub-
20 clause (1).
33. Effect of revocation of reservation
(1) This clause applies to--
(a) land referred to in an Order under clause
31 on the publication of that Order in the
25 Government Gazette;
(b) land shown on a plan to which an Order
under clause 32 applies, on the
publication of that Order in the
Government Gazette.
30 (2) The land is deemed to be unalienated land of
the Crown and is freed and discharged from all
trusts, limitations, reservations, restrictions,
encumbrances, estates and interests.
(3) Unless the relevant Order under clause 31 or 32
35 expressly excludes the operation of this sub-
clause, if any part of the land is or is being used
as a road--
(a) that part of the land ceases to be a road;
and
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(b) all rights, easements and privileges
existing or claimed in that part of the
land either in the public or by any body
or person as incident to any express or
5 implied grant, or past dedication or
supposed dedication or by user or
operation of law or otherwise, cease.
(4) Unless the relevant Order under clause 31 or 32
expressly excludes the operation of this sub-
10 clause, if any part of the land is the bed, soil
and banks of a river, all rights, easements and
privileges existing or claimed in that part of the
land either in the public or by any body or
person as incident to any express or implied
15 grant, or past dedication or supposed dedication
or by user or operation of law or otherwise,
cease.
(5) The appointment of any committee of
management is revoked in so far as it applies to
20 the land.
(6) Any regulations made under section 13 of the
Crown Land (Reserves) Act 1978 are revoked
in so far as they apply to the land.
(7) If the relevant Order under clause 31 or 32
25 provides for the land or any part of the land to
be reserved for the purposes of the Link
Upgrade Project, the land is deemed to be
temporarily reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for public
30 purposes, being, in particular, the purposes of
the Link Upgrade Project.
(8) If the relevant Order under clause 31 or 32 does
not provide for the land to be reserved for the
purposes of the Link Upgrade Project, the land
35 is vested in fee simple in VicRoads.
(9) Sub-clause (5) does not apply if the land is land
for which a lease has been granted under
section 60 or 93G of the Melbourne City Link
Act 1995.
40 (10) This clause has effect despite anything to the
contrary in section 175A of the Water
Industry Act 1994, section 10 of this Act or
any other Act.
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34. Temporary reservation may be amended or
revoked
The reservation of land under clause 33(7) may
be amended, revoked and otherwise dealt with
5 in accordance with the Crown Land
(Reserves) Act 1978.
Division 3--Continuation of Roads
35. Orders may continue or declare roads
(1) An Order made under Division 1 or Division 2
10 may specify that any part of the land (that is the
subject of the Order) that was a freeway or an
arterial road before the publication of the Order
continues to be a freeway or arterial road.
(2) Any land that is specified in an Order in
15 accordance with sub-clause (1) continues be a
freeway or an arterial road as specified in the
Order.
(3) The Governor in Council may, by Order
published in the Government Gazette, specify
20 that any land that was the subject of an Order
under Division 1 or Division 2 and that was a
freeway or an arterial road immediately before
the publication of the Order is to be deemed to
be a freeway or an arterial road.
25 (4) Any land that is specified in an Order in
accordance with sub-clause (3) is, from the date
of publication of the Order, deemed to be
declared under section 14 of the Road
Management Act 2004 as a freeway or an
30 arterial road as specified in the Order.
(5) For the avoidance of doubt it is declared that
this clause has effect in addition to and not in
derogation of any deemed reservation of the
land under this Part.
35 (6) Despite anything to the contrary in section 10
or any other provision of this Act, the
continuation of a road or the making of an
Order under this clause does not revive any
rights of the public in relation to a public
40 highway that have been extinguished under
Division 1 or Division 2.
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(7) This clause has effect despite anything to the
contrary in any other Act.
PART 6--ENTRY INTO POSSESSION OF
CERTAIN REDEVELOPMENT PROJECT LAND
5 36. Definitions
In this Part--
"redevelopment project land" means--
(a) land that is deemed under Part 5 to
be temporarily reserved under
10 section 4(1) of the Crown Land
(Reserves) Act 1978 for public
purposes, being, in particular, the
purposes of the Link Upgrade
Project; or
15 (b) land that is vested in VicRoads
under Part 5.
"relevant date" in relation to land means the
date on which the land first became
redevelopment project land.
20 37. Power to enter into possession
Subject to this Part, VicRoads may enter into
possession of redevelopment project land.
38. VicRoads must try to obtain agreement
VicRoads must diligently endeavour to obtain
25 agreement with the person in occupation of
redevelopment project land (the occupier) as to
the terms on which VicRoads will enter into
possession of the land.
39. Time for entry into possession--general
30 If, at the relevant date, redevelopment project
land is not used by any person as the principal
place of residence or business of that person,
VicRoads may enter into possession of the land
at any time after the relevant date after giving
35 7 days notice in writing of its intention to enter
into possession to the occupier of the land.
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40. Time for entry into possession--residence or
business
(1) Subject to this Part, if redevelopment project
land or part of redevelopment project land is
5 used, at the relevant date, by a person as the
principal place of residence or business of that
person, VicRoads must not enter into
possession of--
(a) the part of the land so used; or
10 (b) if the whole of the land is so used, that
land--
before the end of 3 months after the relevant
date and unless VicRoads has given 7 days
notice in writing of its intention to enter into
15 possession to the occupier of the land.
(2) The occupier is not liable for the payment of
rent in respect of the occupation of that part of
the redevelopment project land that is used as
the principal place of residence or business of
20 the occupier during the 3 month period referred
to in sub-clause (1).
(3) If the occupier ceases of the occupier's own
accord to occupy the redevelopment project
land before the end of the 3 month period
25 referred to in sub-clause (1), the entitlement of
that person under this Part to occupy the land
without payment of rent to VicRoads also
ceases.
(4) If the occupier was in occupation of the land
30 immediately before the relevant date--
(a) in accordance with section 26(2) of the
Land Acquisition and Compensation
Act 1986 or an agreement under section
26(6) of that Act; or
35 (b) in accordance with section 20E(2) of the
Project Development and Construction
Management Act 1994 or an agreement
under section 20E(6) of that Act--
this Part applies as if the 3 month period
40 referred to in sub-clause (1) were the remainder
of the period of occupation permitted under the
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relevant provision or agreement specified in
paragraph (a) or (b) of this sub-clause.
(5) If the occupier was in occupation of the land
before the relevant date--
5 (a) in accordance with section 26(2) of the
Land Acquisition and Compensation
Act 1986 or an agreement under section
26(6) of that Act; or
(b) in accordance with section 20E(2) of the
10 Project Development and Construction
Management Act 1994 or an agreement
under section 20E(6) of that Act--
and the period of occupation permitted under
the relevant provision or agreement specified in
15 paragraph (a) or (b) had ended before the
relevant date, VicRoads may enter into
possession of the land at any time after the
relevant date after giving 7 days notice in
writing of its intention to enter into possession
20 to the occupier of the land.
41. Early entry of place of residence or business
(1) Clause 40 does not apply if--
(a) the Governor in Council certifies that
having regard to--
25 (i) the urgency of the case or any
other exceptional circumstances;
and
(ii) the public interest--
it is not practicable for VicRoads to delay
30 entry into possession of the
redevelopment project land until after the
end of the 3 month period referred to in
clause 40(1); or
(b) VicRoads and the occupier have, with the
35 consent of the Minister, entered into an
agreement in relation to the time of entry
into possession of the redevelopment
project land by VicRoads.
(2) A certificate under sub-clause (1)(a) must
40 specify the date on which VicRoads is to take
possession.
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(3) VicRoads must serve a copy of the certificate
under sub-clause (1)(a) on the occupier.
(4) The occupier whose period of occupation of the
redevelopment project land was abridged under
5 sub-clause (1)(a) is entitled to claim
compensation under Part 7 for any loss or
damage that is incurred as a direct, natural and
reasonable consequence of that abridgment and
for which the person could not otherwise make
10 a claim under that Part.
(5) The compensation payable pursuant to sub-
clause (4) may be paid to--
(a) the person who is entitled to claim the
compensation; or
15 (b) the constituted attorney of that person.
42. Occupation may be extended by agreement
(1) The period of occupation of the redevelopment
project land after the relevant date (including
the 3 month period referred to in clause 40(1))
20 may be extended by agreement in writing
between VicRoads and the occupier of the
redevelopment project land.
(2) An agreement under sub-clause (1) must
provide for the payment of rent by the occupier
25 of the relevant land to VicRoads.
43. Continued occupation without agreement
If a person continues to occupy redevelopment
project land after the period permitted under
clause 40 or the relevant date (as the case may
30 be) and an agreement has not been entered into
under clause 42 in respect of that occupation,
that person--
(a) is to be taken to be in possession of the
land in pursuance of a tenancy
35 determinable at will by VicRoads; and
(b) is liable to pay to VicRoads a fair market
rent in respect of that continued
occupation.
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44. Recovery of rent
Any rent payable to VicRoads under this Part
may be recovered as a debt due to VicRoads in
any court of competent jurisdiction.
5 45. Proceedings where refusal to give up possession
(1) If VicRoads is entitled under this Part to enter
into possession of redevelopment project land
and the occupier of the land or any other
person--
10 (a) refuses to give up the possession of the
land; or
(b) hinders VicRoads from entering on and
taking possession of the land--
VicRoads may issue its warrant under this
15 clause to the sheriff.
(2) A warrant issued under this clause authorises
the sheriff to--
(a) enter onto the land specified in the
warrant; and
20 (b) deliver possession of the land to
VicRoads or the person appointed in the
warrant to receive possession of the land;
and
(c) use such force as is reasonably necessary
25 to execute the warrant.
(3) On receipt of a warrant issued under this clause,
the sheriff must deliver possession of the land
to VicRoads or the person appointed in the
warrant to receive possession of the land.
30 (4) The costs incurred in the issuing and execution
of a warrant must be paid by the person
refusing to give up possession.
(5) The amount of the costs and the amount of any
rent owed by that person must be deducted and
35 retained by VicRoads from the compensation
(if any) payable under Part 7 to that person.
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(6) If no compensation is payable to that person or
if the compensation payable is less than the
amount of the costs and rent (if any) then
payment of the amount in excess of the
5 compensation must if not paid on demand be
enforced by a warrant to seize property.
(7) On application by VicRoads, a magistrate must
issue a warrant for the purposes of sub-
clause (6).
10 (8) In this clause, "sheriff" means the sheriff or a
deputy sheriff under the Supreme Court Act
1986.
46. Residential Tenancies Act 1997 not to apply
Nothing in the Residential Tenancies Act
15 1997 applies to or in relation to any matter
provided for or any proceedings under this Part.
47. Giving of notices and documents
(1) Any notice or other document that VicRoads is
required to give to any person under this Part
20 may be served on that person personally or by
post.
(2) If VicRoads does not know the location of a
person on whom VicRoads is required to serve
the notice or document, the notice or document
25 may be served--
(a) by publication of a copy of it in a
newspaper circulating generally
throughout the State; and
(b) by affixing it in a prominent place on the
30 land to which it relates.
48. Minor misdescription not to invalidate notice
The validity of any notice under this Part is not
affected by any misdescription in it of the land
or of any interest in the land if sufficient
35 information appears on the face of the notice to
identify the land or interest affected.
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49. Process under this Part may be completed
If VicRoads has commenced a process under
this Part to enter into possession of land vested
in it under Part 5 and, before VicRoads enters
5 into possession of the land, the land is deemed
under Part 5 to be temporarily reserved under
section 4(1) of the Crown Land (Reserves)
Act 1978, VicRoads may complete any process
and take any further action under this Part to
10 obtain possession of the land as if the land had
not been so reserved.
PART 7--COMPENSATION FOR
SURRENDERED OR DIVESTED OR
RESERVED LAND
15 50. Compensation--surrender, divesting or revocation
of reservation
(1) Subject to this Part and the Land Acquisition
and Compensation Act 1986, every person
who immediately before the publication of an
20 Order under Division 1 or 2 of Part 5 had a
legal or equitable estate or interest in land to
which the Order applies has a claim for
compensation.
(2) The Land Acquisition and Compensation Act
25 1986 (except sections 31 to 36) applies to the
determination of compensation payable under
this clause as if the publication of the Order
were a notice of acquisition of that estate or
interest and VicRoads had acquired that estate
30 or interest.
(3) Section 43 of the Land Acquisition and
Compensation Act 1986 applies to the
determination of compensation under this
clause as if after section 43(1)(b) there were
35 inserted--
"(ba) Any special suitability or adaptability of
the land in which the acquired interest
subsists for a purpose for which it could
be used under the Road Management
40 Act 2004 or the Melbourne City Link
Act 1995 for the purposes of the
M1 Redevelopment Project within the
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meaning of the Road Management Act
2004.".
(4) This clause does not apply to--
(a) an estate or interest held by a public
5 statutory authority; or
(b) an estate or interest (other than an
interest in fee simple) held by a
municipal council.
51. Compensation for municipal councils in certain
10 circumstances
(1) This clause applies to land that was under the
control of a municipal council immediately
before the publication of an Order under
Division 2 of Part 5 in relation to that land.
15 (2) If the municipal council has--
(a) sustained any pecuniary loss; or
(b) incurred any expense--
as a direct, natural and reasonable consequence
of the Order, the municipal council may claim
20 the amount of that loss or expense from
VicRoads.
(3) For the purposes of sub-clause (2), the value of
the land must not be taken into account when
calculating the loss sustained or expense
25 incurred by the municipal council.
(4) A claim under sub-clause (2) must be made
within 2 years after the Order was made.
(5) Section 48 and Parts 10 and 11 of the Land
Acquisition and Compensation Act 1986
30 apply to a claim under sub-clause (2) as if it
were a claim under section 47(1) of that Act.
52. No other compensation payable
Except as provided in this Part or clause 41 or
section 127, no compensation is payable by the
35 Crown or VicRoads in respect of anything done
or arising out of Part 5 or Part 6.
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PART 8--GENERAL
53. Effect of reservation of a stratum of Crown land
(1) If a stratum of Crown land becomes
redevelopment project land, any reservation or
5 other right, title, trust, limitation, reservation,
restriction, encumbrance, estate or interest--
(a) that applied both to that stratum of land
and to any other stratum of land,
immediately before the relevant date; and
10 (b) that was revoked or surrendered with
respect to the redevelopment project land
on the reservation of the stratum--
continues to apply to the other strata of land to
which it applied immediately before the
15 relevant date, despite the stratum becoming
redevelopment project land.
(2) In this clause "redevelopment project land"
and "relevant date" have the same meanings
as they have in Part 6.
20 54. Action by Registrar of Titles
On being requested to do so and on delivery of
any relevant instrument or document (but
without production of a duplicate Crown grant
or certificate of title), the Registrar of Titles
25 must, as soon as practicable, make any
recordings in the Register that are necessary
because of the operation of this Schedule.'.
Division 2--Amendment of Melbourne City Link Act 1995
66. Definitions
In section 3 of the Melbourne City Link Act
30
1995 insert the following definition--
' "Link Upgrade Project" has the same meaning
that it has in Schedule 5A to the Road
Management Act 2004;'.
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67. The Project
At the end of section 6 of the Melbourne City
Link Act 1995 insert--
"(2) In this Act, a reference to the Project
includes a reference to the Link Upgrade
5
Project.".
68. Variation of the Agreement
After section 15(5) of the Melbourne City Link
Act 1995 insert--
"(5A) For the avoidance of doubt--
10
(a) an agreement may be entered into, and
is deemed always to have been
authorised to be entered into, under
sub-section (1) in relation to the Link
Upgrade Project; and
15
(b) a variation may be made, and is deemed
always to have been authorised to be
made, under sub-section (1A) in
relation to the Link Upgrade Project.".
69. Emergency powers to apply
20
In section 16(2) of the Melbourne City Link Act
1995 for ", 97 and 98" substitute "and 98 and
Division 8 of Part 2B".
70. Variation of the Integration and Facilitation
Agreement
25
After section 15B(8) of the Melbourne City Link
Act 1995 insert--
"(8A) For the avoidance of doubt--
(a) an agreement may be entered into, and
is deemed always to have been
30
authorised to be entered into, under
sub-section (1) in relation to the Link
Upgrade Project; and
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(b) a variation may be made, and is deemed
always to have been authorised to be
made, under sub-section (2) in relation
to the Link Upgrade Project.".
71. Variation of the Extension Agreement
5
After section 15D(9) of the Melbourne City Link
Act 1995 insert--
"(9A) For the avoidance of doubt--
(a) an agreement may be entered into, and
is deemed always to have been
10
authorised to be entered into, under
sub-section (1) in relation to the Link
Upgrade Project; and
(b) a variation may be made, and is deemed
always to have been authorised to be
15
made, under sub-section (2) in relation
to the Link Upgrade Project.".
72. New Part 2B inserted
After Part 2A of the Melbourne City Link Act
1995 insert--
20
'PART 2B--LINK UPGRADE PROJECT
Division 1--Introductory
21. Definitions
(1) In this Part--
"approved Utility agreement" means a
25
Utility agreement that is approved by
the Roads Corporation under
section 52;
"construction permit" means a
construction permit issued under
30
Division 4;
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"decision-maker", in Division 7, means--
(a) the Minister and the Utility
Minister; or
(b) a person appointed under
section 56ZA;
5
"Link Upgrade area" has the same
meaning as it has in Schedule 5A to the
Road Management Act 2004;
"Link Upgrade construction area" means
land for which a construction permit is
10
issued;
"Link Upgrade construction work" means
work for the construction of the Link
Upgrade Project;
"Link Upgrade licensed land" means land
15
that is the subject of a licence issued
under Division 3;
"M1 Redevelopment Project" has the same
meaning as it has in Schedule 5A to the
Road Management Act 2004;
20
"notified Utility infrastructure" means
Utility infrastructure--
(a) that is identified under section 54;
or
(b) that has been notified under
25
section 56;
"rectification" includes repair, replacement
and reinstatement;
"reserved Link Upgrade land" means land
that under Schedule 5A to the Road
30
Management Act 2004 is deemed to
be temporarily reserved under section
4(1) of the Crown Land (Reserves)
Act 1978 for public purposes, being, in
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particular, the purposes of the Link
Upgrade Project;
"unnotified Utility infrastructure" means
Utility infrastructure--
(a) that has not been identified under
5
section 54; or
(b) that has not been notified under
section 56;
"Utility" means--
(a) a utility within the meaning of the
10
Road Management Act 2004; or
(b) the Director of Public Transport
under the Transport Act 1983; or
(c) any person who manages rail
infrastructure within the meaning
15
of Division 3 of Part VI of the
Transport Act 1983; or
(d) any person who operates rolling
stock within the meaning of
Division 3 of Part VI of the
20
Transport Act 1983;
"Utility agreement" means an agreement
entered into under section 49 and, if
that agreement is amended under
section 53, that agreement as so
25
amended;
"Utility infrastructure" means any part of
the supply, distribution or reticulation
network operated or managed by a
Utility, including--
30
(a) poles, pipes, cables, wires,
conduits and tunnels; and
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(b) rail infrastructure and tram
infrastructure (both within the
meaning of the Rail
Corporations Act 1996);
"Utility Minister" in relation to a Utility,
5
means the Minister for the time being
administering any Act--
(a) under which a Utility is authorised
to provide an infrastructure
service; or
10
(b) that regulates the provision by the
Utility of an infrastructure service;
"works" has the same meaning as it has in
the Road Management Act 2004.
(2) The Premier may determine a Minister as the
15
Utility Minister for a Utility and if a
determination is made that Minister is
deemed to be the Utility Minister for that
Utility for the purposes of this Part.
Division 2--General Powers of Roads
20
Corporation
22. Roads Corporation appointed committee
of management
(1) VicRoads is deemed to be the committee of
management under the Crown Land
25
(Reserves) Act 1978 of reserved Link
Upgrade land.
(2) The provisions of sections 15(2), 15(3),
15(4), 15(7), 15(8) and 15(9) of the Crown
Land (Reserves) Act 1978 do not apply to
30
the Roads Corporation as committee of
management.
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(3) In addition to the powers conferred on
committees of management under the
Crown Land (Reserves) Act 1978, the
Roads Corporation as committee of
management has all the powers necessary to
5
give effect to this Act.
(4) For the purposes of this section, the Crown
Land (Reserves) Act 1978 applies as if a
reference to the Minister under that Act were
a reference to the Minister administering this
10
Act.
23. Temporary access to Crown land
(1) The Roads Corporation may, with the
approval of the Minister administering
section 12 of the Land Act 1958 given after
15
consultation with any other Minister
concerned with the management or use of the
land use any Crown land for the purposes of
the Link Upgrade Project.
(2) If any Crown land proposed to be so used by
20
the Roads Corporation is reserved under the
Crown Land (Reserves) Act 1978 for a
purpose that is inconsistent with that use, the
Roads Corporation must not use the land
unless the reservation is revoked.
25
Division 3--Licences
24. Application
This Division applies despite anything to the
contrary in section 175A of the Water
Industry Act 1994, the Land Act 1958, the
30
Crown Land (Reserves) Act 1978 or any
other Act.
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25. Roads Corporation may issue licence for
purposes of Link Upgrade Project
(1) The Roads Corporation may issue a licence
in accordance with the Agreement to enter
and use the whole or part of any reserved
5
Link Upgrade land in accordance with the
Agreement.
(2) A licence under sub-section (1) may only be
issued to a person entitled under the
Agreement to the issue of a licence.
10
26. Term of licence
The term of the licence must be in
accordance with the Agreement.
27. Conditions of licence--general
(1) The Roads Corporation may impose
15
conditions on a licence subject to and in
accordance with the Agreement.
(2) A licence that is inconsistent with the
Agreement is invalid only to the extent of the
inconsistency.
20
28. Conditions on licence over stratum of land
(1) Subject to section 27, in imposing conditions
on a licence over a stratum of land, the
Roads Corporation must have regard to the
following matters--
25
(a) that reasonable access to and use of the
stratum and other land be provided for;
and
(b) that the rights of the registered
proprietor, lessee or licensee of other
30
land not be interfered with; and
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(c) that the rights of support of the stratum
or of other land or of any building or
structure erected or to be erected on
those lands be provided for; and
(d) that the making and removal of
5
improvements by the licensee be
provided for; and
(e) that any necessary rights for the
passage or provision of services
(including drainage, sewerage or the
10
supply of water, gas, electricity or
telecommunications) to or through the
stratum, where those rights are
necessary for the reasonable enjoyment
of the stratum or of other land, be
15
provided for.
(2) The issuing of a licence under this Division
of a stratum of land is conclusive proof of
compliance with sub-sections (1)(a), (1)(b),
(1)(c), (1)(d) and (1)(e) with respect to the
20
licence.
29. Ability to mortgage licence
The licensee may only mortgage, charge,
assign or otherwise encumber the licensee's
interest in the licence in accordance with the
25
terms of the Agreement.
30. Amendment of licence
A licence may be amended at any time with
the agreement of the licensee.
31. Termination of licence
30
A licence may be terminated in whole or in
part before the end of the term of the licence
in accordance with the Agreement.
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32. Renewal of licence
A licence may be renewed in accordance
with the terms of the Agreement.
33. Act to apply as if Link Upgrade licensed
land were leased land
5
(1) On the issue under this Division of a licence
in respect of land--
(a) this Act (except section 99) applies to
that land as if any reference in this Act
to leased land or land leased under
10
section 60 included a 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
15
reference to the issue of a licence under
this Division in respect of that land.
(2) This section ceases to apply to land on the
termination of the licence in respect of the
land.
20
Division 4--Construction Permits
34. Construction permit
(1) The Roads Corporation may issue a
construction permit in accordance with the
Agreement to any person who is entitled
25
under the Agreement to the issue of a
construction permit.
(2) A construction permit authorises the carrying
out of works for the purposes of the Link
Upgrade Project over land to which the
30
permit applies.
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35. Land to which permit can apply
A construction permit may be issued under
this Division over the following land--
(a) leased land;
(b) reserved Link Upgrade project land;
5
(c) land which is temporarily occupied by
the Roads Corporation for the purposes
of the M1 Redevelopment Project
under Part 9 of the Land Acquisition
and Compensation Act 1986;
10
(d) Crown land which the Roads
Corporation is permitted to use under
section 23;
(e) land vested in the Roads Corporation;
(f) land that is available land within the
15
meaning of clause 11 of Schedule 3 to
the Road Management Act 2004.
36. Conditions on permit
(1) The Roads Corporation may impose
conditions on a construction permit subject
20
to and in accordance with the Agreement.
(2) A construction permit does not authorise any
activity on land referred to in section 35(c)
that would be inconsistent with Part 9 of the
Land Acquisition and Compensation Act
25
1986.
(3) A construction permit that is inconsistent
with the Agreement is invalid only to the
extent of the inconsistency.
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37. Cancellation of permit
(1) The Roads Corporation may cancel a
construction permit.
(2) A construction permit is cancelled to the
extent that it relates to land if that land
5
ceases to be land for which a construction
permit may be issued.
Division 5--Statutory Powers and Exemptions
38. Application of planning laws
(1) This section applies to a use or development
10
of land that is authorised by or under this Act
or the Agreement or a construction permit
for the purposes of the Link Upgrade Project.
(2) Nothing in a planning scheme under the
Planning and Environment Act 1987 that
15
applies to the Link Upgrade area--
(a) requires a permit under that Act for the
use or development; or
(b) prevents the use or development.
39. Approvals of public bodies not required
20
(1) Subject to Division 7, but despite anything to
the contrary in any other enactment or law, a
permit, licence, consent, approval or other
authority is not required from any person or
body, other than the Roads Corporation
25
(in accordance with the Agreement) or the
Environment Protection Authority, for the
carrying out of works for the purposes of the
Link Upgrade Project.
(2) Nothing in this section derogates from any
30
requirement relating to standards of
construction and safety that may apply under
any other Act, including--
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(a) the Occupational Health and Safety
Act 2004; and
(b) the Rail Safety Act 2006; and
(c) section 99A of the Road Safety Act
1986.
5
40. Application of Building Act 1993
The Building Act 1993 does not apply to or
in relation to land for which a construction
permit has been issued or to anything done
on that land.
10
41. Application of mineral resources and
extractive industry Acts
(1) The Mineral Resources (Sustainable
Development) Act 1990 does not apply to or
in relation to land for which a construction
15
permit has been issued or to anything done
on that land.
(2) The Extractive Industries Development
Act 1995 does not apply to or in relation to
land for which a construction permit has
20
been issued or to anything done on that land.
42. Application of South Melbourne Land
Act 1986
The South Melbourne Land Act 1986 does
not apply to or in relation to land for which a
25
construction permit has been issued or to
anything done on that land.
43. Application of Heritage Act 1995
(1) The Minister administering the Heritage Act
1995, by Order published in the Government
30
Gazette, may exempt any registered building
or registered land or other building or any
part of the Link Upgrade area from the
operation of that Act.
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(2) On the making of an Order under sub-
section (1), the Heritage Act 1995 ceases to
apply to the building or land in respect of
which the Order is made and any registered
building or registered land ceases to be
5
registered under that Act.
(3) An Order under sub-section (1) may be made
subject to any conditions specified in the
Order including--
(a) a condition requiring specified things to
10
be done to the satisfaction of the
Minister administering the Heritage
Act 1995; and
(b) a condition providing that any use or
development of land is conditional on
15
an agreement being entered into with
that Minister.
(4) Any person who fails to comply with a
condition of any Order or an agreement
made under an Order is guilty of an offence
20
and liable to a penalty not exceeding 1500
penalty units or 2 years imprisonment.
(5) The Minister administering the Heritage Act
1995 may revoke or amend an Order made
under sub-section (1).
25
(6) On the revocation of an Order made under
sub-section (1)--
(a) the Heritage Act 1995 again applies to
any building or land affected by the
Order; and
30
(b) in the case of a building or land
affected by the Order that was
previously registered under that Act,
that Act applies as if that building or
land had not been registered.
35
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Division 6--Road Operation and Management
44. Management of roads specified in Order
(1) This section applies to any road specified in
an Order under Division 3 of Part 5 of
Schedule 5A to the Road Management Act
5
2004.
(2) The Link corporation is deemed to be the
responsible road authority for the road for
the purposes of--
(a) the Road Management Act 2004 and
10
any regulations under that Act; and
(b) the Road Safety Act 1986 and any
regulations under that Act; and
(c) this Act and the regulations--
as if the road were part of the Link road.
15
45. Management of other roads
(1) The Minister may from time to time declare
that the Link corporation or the holder of a
construction permit is to be the responsible
road authority for a road or part of a road on
20
land in the Link Upgrade area or on any land
to which a construction permit applies.
(2) The Minister must cause a notice of a
declaration under sub-section (1) to be
published in the Government Gazette.
25
(3) On the publication of a notice of a
declaration under sub-section (1), the Link
corporation or the holder of the construction
permit (as the case requires) is deemed to be
the responsible road authority under the
30
Road Management Act 2004 for the road or
part of a road specified in the declaration.
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(4) The Road Management Act 2004 (except
Division 4 of Part 4 and Schedule 7) applies
to a road or part of a road specified in a
declaration under sub-section (1) as if any
reference in that Act to the Link road were a
5
reference to the road or part of a road
specified in the declaration.
(5) The Minister may at any time revoke a
declaration under sub-section (1).
(6) The Minister must cause a notice of a
10
revocation of a declaration under sub-
section (1) to be published in the
Government Gazette.
(7) On the publication of the notice of
revocation of a declaration under this
15
section, the Link corporation or the holder of
the construction permit (as the case requires)
ceases to be the responsible road authority
for the road or part of a road specified in the
declaration.
20
Division 7--Interface with Utilities
Subdivision 1--Introduction
46. Certain powers of Utilities not affected
Nothing in this Part affects any power of a
Utility--
25
(a) to respond to and deal with an
emergency; or
(b) to use a vehicle on any road in the Link
Upgrade area.
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Subdivision 2--Consent of Link Corporation
47. Utility to obtain consent of Link
corporation
(1) A Utility must obtain the written consent of
the Link corporation before carrying out or
5
causing the carrying out of works on Utility
infrastructure, or for the construction of new
Utility infrastructure, in, on, over or under
land in the Link Upgrade construction area.
(2) The Link corporation must not unreasonably
10
delay or refuse its consent under this section.
(3) A consent under this section may be granted
on such reasonable conditions as the Link
corporation thinks fit.
(4) This section does not apply to Utility
15
infrastructure if--
(a) an approved Utility agreement provides
for access by the Utility to the Link
Upgrade construction area to carry out
works in relation to that Utility
20
infrastructure; or
(b) the work is being carried out under a
determination made under
Subdivision 7.
(5) This section applies in addition to the
25
requirements of and despite anything to the
contrary in any other Act or law.
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48. Utility may refer matter to Ministers for
determination
A Utility may refer the matter to the Minister
and the Utility Minister for determination
under Subdivision 7 if--
5
(a) the Link corporation refuses or
unreasonably delays giving its consent
under section 47; or
(b) the Utility objects to any condition
imposed by the Link corporation on
10
that consent.
Subdivision 3--Agreements between Link
Corporation and Utility
49. Agreements in relation to Link Upgrade
construction area
15
(1) The Link corporation may enter into an
agreement with a Utility under this
Subdivision in relation to Utility
infrastructure or any works affecting Utility
infrastructure constructed or to be
20
constructed in, on, over or under the Link
Upgrade construction area.
(2) Nothing in this section prevents any
additional person from being a party to a
Utility agreement.
25
50. What can a Utility agreement provide for?
(1) A Utility agreement may only provide for the
following matters--
(a) the means of minimising disruption to
the Utility infrastructure and the
30
services provided by the Utility
infrastructure;
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(b) the respective rights of the Link
corporation and the Utility to have
access to the Utility infrastructure;
(c) the respective rights of the Link
corporation and the Utility to carry out
5
works affecting the Utility
infrastructure;
(d) the relocation and rectification of
Utility infrastructure;
(e) the standards (including safety,
10
operational and accreditation standards)
that are to apply to the relocation or
rectification of Utility infrastructure;
(f) the costs of any relocation or
rectification of the Utility infrastructure
15
and how those costs are to be
apportioned between the Link
corporation and the Utility;
(g) the certification by the Utility of works
affecting Utility infrastructure;
20
(h) the compensation to be paid for--
(i) any disruption to the functions
performed by the Utility; or
(ii) any disruption to the functions or
obligations of the Link
25
corporation; or
(iii) any pecuniary loss sustained or
any expense incurred by the
Utility as a direct, natural and
reasonable consequence of the
30
issue of the construction permit
under Division 4.
(2) An agreement that provides for any other
matter is not a Utility agreement for the
purposes of this Subdivision.
35
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51. Requirements for Utility agreements
(1) A Utility agreement must be in writing.
(2) A Utility agreement must not be inconsistent
with--
(a) this Act; or
5
(b) the Agreement; or
(c) the Integration and Facilitation
Agreement; or
(d) the Exhibition Street Extension
Agreement.
10
(3) A Utility agreement that does not comply
with sub-section (2) is of no effect to the
extent of the inconsistency.
(4) If a Utility agreement provides for standards
in relation to a matter in accordance with
15
section 50(1)(e), those standards are to apply
in relation to that matter despite anything to
the contrary in any other Act or law, once the
Utility agreement takes effect.
52. Utility agreements must be approved by
20
the Roads Corporation
A Utility agreement is of no effect unless it
is approved by the Roads Corporation.
53. Utility agreement may be amended
(1) An approved Utility agreement may be
25
amended by agreement between the Link
corporation and the Utility.
(2) An amendment of an approved Utility
agreement is of no effect unless it is
approved by the Roads Corporation.
30
(3) In this section, "amended" includes varied,
added to, substituted, cancelled or revoked.
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Subdivision 4--Notified Utility Infrastructure
54. Duty to identify Utility infrastructure
Before Link Upgrade construction work
commences on land in the Link Upgrade
construction area, the Link corporation must
5
take all reasonable steps to identify all Utility
infrastructure in, on, over or under that land
that may be affected by the Link Upgrade
construction work.
55. Link corporation to give notice
10
(1) Before Link Upgrade construction work
commences on land in the Link Upgrade
construction area, the Link corporation must
give notice of the proposed Link Upgrade
construction work in accordance with this
15
section.
(2) The notice must--
(a) be published in the Government
Gazette; and
(b) be given in writing to each Utility that
20
the Link corporation is aware owns or
operates Utility infrastructure in the
Link Upgrade construction area.
(3) The notice must require Utilities with Utility
infrastructure in the Link Upgrade
25
construction area to notify the Link
corporation in writing within 30 business
days after the publication or giving of the
notice (whichever is the later)--
(a) setting out the nature and location of
30
the Utility infrastructure; and
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(b) stating whether or not the Utility
believes that the Utility infrastructure
will be affected by the Link Upgrade
construction work.
(4) The Link corporation is not required to give
5
a notice to a Utility under sub-section (2)(b)
in relation to particular Utility infrastructure
if an approved Utility agreement exists with
that Utility in relation to that Utility
infrastructure.
10
56. Duty of Utility to give notice
A Utility must, within the time required in
the notice given under section 55, give notice
in writing to the Link corporation--
(a) setting out the nature and location of
15
the Utility infrastructure of the Utility
in the Link Upgrade construction area;
and
(b) stating whether or not the Utility
believes that the Utility infrastructure
20
will be affected by the Link Upgrade
construction work.
56A. Copies of notices to be given to Roads
Corporation
(1) The Link corporation must give the Roads
25
Corporation a copy of each notice given
under section 55 as soon as practicable and
not more than 7 days after the notice is
given.
(2) The Link corporation must give the Roads
30
Corporation a copy of each notice received
by the Link corporation under section 56 as
soon as practicable and not more than 7 days
after receiving that notice.
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56B. Link corporation to consult and seek
agreement
(1) After complying with section 55 and before
Link Upgrade construction work commences
on land in the Link Upgrade construction
5
area, the Link corporation must consult with
any Utility that the Link corporation is aware
owns or operates Utility infrastructure in the
Link Upgrade construction area that may be
affected by the Link Upgrade construction
10
work.
(2) In consulting under sub-section (1), the Link
corporation and the Utility must make all
reasonable efforts to reach agreement in
accordance with Subdivision 3.
15
(3) This section does not apply to Utility
infrastructure if the Link corporation has
already reached an agreement with the
Utility under Subdivision 3 in respect of that
Utility infrastructure.
20
56C. Referral to Ministers for determination if
no agreement
If an agreement has not been reached with a
Utility under Subdivision 3 within
50 business days after the Utility gives notice
25
to the Link corporation under section 56, the
Link corporation may refer the matters under
negotiation to the Minister and the Utility
Minister for determination under
Subdivision 7.
30
56D. Power of Minister to direct Utility
(1) The Minister, after consultation with the
Utility Minister, may direct a Utility to carry
out works in the Link Upgrade construction
area.
35
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(2) The Minister may only give a direction under
sub-section (1) if it is necessary to
implement the matters provided for in an
approved Utility agreement or a
determination under Subdivision 7.
5
(3) Without limiting sub-section (1), a direction
under this section may specify a period
within which works required under the
approved Utility agreement or determination
must be performed even if this is a different
10
period from any period provided for in the
approved Utility agreement or determination.
56E. Direction to Link corporation
(1) The Link corporation may apply to the
Minister for a direction under this section
15
if--
(a) a Utility has not completed the works
required by a direction under section
56D within the period specified in the
direction; or
20
(b) the Link corporation believes on
reasonable grounds that the works
required by a direction under section
56D will not be completed within the
period specified in the direction.
25
(2) On an application under this section, the
Minister, after consultation with the Utility
Minister, may direct the Link corporation to
carry out or complete the works required by
the relevant direction under section 56D.
30
(3) Without limiting sub-section (2), a direction
under this section may specify a period
within which the works must be performed
even if this is a different period from any
period provided for in the approved Utility
35
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agreement or determination or the relevant
direction under section 56D.
(4) If the Link corporation complies under a
direction under this section with a
requirement imposed on a Utility or any
5
other person, the Utility or other person is
not required to comply with that
requirement.
56F. Requirements for directions
(1) A direction under section 56D or 56E must
10
be in writing.
(2) A direction must not cause unreasonable
delay or add unreasonable cost to the Link
Upgrade Project.
(3) Subject to this section, a direction must not
15
be inconsistent with--
(a) this Act; or
(b) the Agreement; or
(c) the Integration and Facilitation
Agreement; or
20
(d) the Exhibition Street Extension
Agreement.
56G. Direction to prevail over requirement to
consent
(1) A direction under section 56D or 56E
25
prevails over any provision of any other Act
or law that requires the Utility to consent to