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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Road Safety (Further Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 4
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986 5
3. Repeal of section 3A 5
4. Previous convictions 5
5. Hit and run driving 5
6. New section 63B inserted 7
63B. Use of tyre deflation devices in police pursuits 7
7. Dangerous driving 7
8. New section 67 substituted 8
67. Extension of time if no actual notice for certain traffic
infringements 8
9. Unauthorised use of freeway 13
10. Liability of owner for parking infringement against local laws 14
11. Disclosure of information 14
12. Interpretation of regulations 14
13. Conduct of works or activities on a highway 15
14. New section 106A inserted 15
106A. Application of Commonwealth Acts Interpretation
Act 1901 15
15. Minor amendments 16
16. New section 103J inserted 17
103J. Transitional provisions--Road Safety (Further
Amendment) Act 2005 17
PART 3--AMENDMENT OF ROAD MANAGEMENT ACT 2004 19
17. Person must remove structure, device, hoarding, advertisement,
sign or bill if requested to do so 19
18. Power to serve road management infringement notice 19
19. New sections 119A and 119B inserted 20
119A. Removal of stationary vehicles 20
119B. Removal of abandoned property 21
i
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Clause Page
20. Access policy 21
21. New clause 3A inserted in Schedule 2 21
PART 4--AMENDMENT OF MELBOURNE CITY LINK
ACT 1995 23
22. Declaration of Link road 23
23. New section 87A substituted 23
87A. Extension of time if no actual notice for offence to
drive unregistered vehicle in toll zone 23
PART 5--AMENDMENT OF ROAD SAFETY (DRUG DRIVING)
ACT 2003 28
24. Commencement of sunsetting provision 28
25. Consequential amendment of sunsetting provision 28
PART 6--AMENDMENT OF POLICE REGULATION ACT 1958 29
26. Disclosure of towing information 29
PART 7--AMENDMENT OF OTHER ACTS 30
27. New section 149A to be inserted in Road Safety Act 1986 by
Transport Legislation (Amendment) Act 2004 30
149A. Application of Commonwealth Acts Interpretation
Act 1901 30
28. New section 191A to be inserted in Road Safety Act 1986 by
Transport Legislation (Amendment) Act 2004 31
191A. Application of Commonwealth Acts Interpretation
Act 1901 31
29. Consequential amendment of Magistrates' Court Act 1989 32
30. Statute law revision of Magistrates' Court Act 1989 32
31. Amendment of Children and Young Persons (Miscellaneous
Amendments) Act 2005 32
ENDNOTES 35
ii
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Road Safety Act 1986, the Road Management Act
2004, the Melbourne City Link Act 1995, the Road Safety (Drug
Driving) Act 2003, the Police Regulation Act 1958 and certain other
Acts and for other purposes.
Road Safety (Further Amendment) Act
2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Road Safety Act 1986 so as
to--
5
1
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 1--Preliminary
s. 1
(i) increase the penalties for hit and run
driving;
(ii) make further provision with respect to
the granting of an extension of time to
deal with a traffic infringement notice;
5
(iii) enable certain drug-driving offences to
be disregarded after 10 years in
determining previous convictions for
certain purposes;
(iv) prohibit by the Act unauthorised
10
cycling on freeways and enable police
to remove any unauthorised people,
bicycles, animals, machinery and other
property from freeways;
(v) enable police to use tyre deflation
15
devices in pursuits;
(vi) increase the minimum licence
cancellation period in certain dangerous
driving cases;
(vii) authorise the disclosure of vehicle
20
information by VicRoads in connection
with the authorisation by police or
VicRoads of vehicle towing;
(viii) provide for the application of the
Interpretation of Legislation Act
25
1984 to the interpretation of the Act,
unless the Act otherwise specifies, and
provide for regulations to apply
Commonwealth interpretation
legislation to the interpretation of
30
regulations made under the Act;
2
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 1--Preliminary
s. 1
(b) to amend the Road Management Act 2004
so as to--
(i) enable VicRoads to remove certain
vehicles or things that are a hazard to
traffic from freeways or certain other
5
roads;
(ii) enable police to serve infringement
notices under the Act;
(iii) make further provision with respect to
the removal from roads of unauthorised
10
advertisements or signs;
(iv) clarify the status of policies regarding
controlled access roads and enable
them to incorporate other documents by
reference;
15
(c) to amend the Melbourne City Link Act
1995 so as to make further provision with
respect to the granting of an extension of
time to deal with an infringement notice;
(d) to amend the Road Safety (Drug Driving)
20
Act 2003 to extend to 1 July 2006 the trial of
random drug testing for drivers;
(e) to amend the Police Regulation Act 1958 so
as to authorise the disclosure by police for
vehicle towing purposes of information
25
given by VicRoads in connection with the
authorisation of the towing;
(f) to make minor amendments to the
Transport Legislation (Amendment) Act
2004, the Magistrates' Court Act 1989 and
30
the Children and Young Persons
(Miscellaneous Amendments) Act 2005
consequential on amendments to the Road
Safety Act 1986 and the Melbourne City
Link Act 1995.
35
3
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 1--Preliminary
s. 2
2. Commencement
(1) This Act (other than section 13) comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Section 13 comes into operation on a day to be
5
proclaimed.
(3) If section 13 does not come into operation before
1 January 2006, it comes into operation on that
day.
__________________
4
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 3
See:
PART 2--AMENDMENT OF ROAD SAFETY ACT 1986
Act No.
127/1986.
3. Repeal of section 3A Reprint No. 8
as at
Section 3A of the Road Safety Act 1986 is 1 July 2004
and
repealed. amending
Act Nos
4. Previous convictions
5 19/1991,
94/2003,
In the first entry in column 1 of the Table in 111/2003 (as
amended by
section 50AA of the Road Safety Act 1986, after Nos 49/2004
"(1B)" insert ", (1C), (1D), (1DA)". and 110/2004),
12/2004,
5. Hit and run driving 47/2004,
80/2004,
(1) For section 61(3) of the Road Safety Act 1986 108/2004 and
10
110/2004.
substitute-- LawToday:
www.dms.
"(3) If-- dpc.vic.
gov.au
(a) as a result of an accident involving a
motor vehicle a person is killed or
suffers serious injury; and
15
(b) the driver of the motor vehicle knows
or ought reasonably to have known that
the accident had occurred and had
resulted in a person being killed or
suffering serious injury; and
20
(c) the driver of the motor vehicle does not
comply with the requirements of
paragraph (a) or (b) of sub-section (1)
in relation to the accident--
the driver is guilty of an indictable offence
25
and liable to level 5 imprisonment (10 years
maximum) or a level 5 fine (1200 penalty
units maximum).".
(2) In section 61(4)(a) of the Road Safety Act 1986,
for ", (e) or (f)" substitute "or (e)".
30
5
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 5
(3) In section 61(4) of the Road Safety Act 1986--
(a) for "20 penalty units" substitute "80 penalty
units";
(b) for "4 months" (where first occurring)
substitute "8 months";
5
(c) for "40 penalty units" substitute
"240 penalty units";
(d) for "12 months" substitute "2 years".
(4) In section 61(6) of the Road Safety Act 1986--
(a) after "conviction of a person for" insert
10
", or finding a person guilty of,";
(b) for the expression beginning "obtaining one"
and ending at the end of the sub-section
substitute "obtaining one for--
(a) in the case of a first offence, at least
15
4 years if a conviction is recorded and
at least 2 years in any other case; and
(b) in the case of a subsequent offence, at
least 8 years if a conviction is recorded
and at least 4 years in any other case.".
20
(5) In section 61(7) of the Road Safety Act 1986--
(a) after "convicted" (where twice occurring)
insert "or found guilty";
(b) after "conviction for" (where twice
occurring) insert ", or finding of guilt of,".
25
(6) After section 61(7) of the Road Safety Act 1986
insert--
"(8) The specifying by sub-section (3) of fault
elements for an offence against that sub-
section is not intended to affect the question
30
of whether fault elements are required for
any other offence against this section or any
other provision of this Act.".
6
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 6
6. New section 63B inserted
After section 63A of the Road Safety Act 1986
insert--
"63B. Use of tyre deflation devices in police
pursuits
5
(1) The Chief Commissioner of Police may
authorise the use by members of the police
force of a device (a tyre deflation device)
that causes the deflation of the tyres of a
vehicle, for use by police to stop or assist in
10
the stopping of a vehicle in connection with
the pursuit of the vehicle by police.
(2) A provision made by or under this or any
other Act that would operate to prohibit or
restrict the placement or deployment on or
15
near a road or road related area of a tyre
deflation device does not apply to the placing
or deploying of a tyre deflation device by a
member of the police force acting in the
exercise of his or her duties.".
20
7. Dangerous driving
In section 64(2) of the Road Safety Act 1986--
(a) for "conviction" substitute "finding a person
guilty of the offence"; and
(b) after "6 months" insert "or, if the vehicle
25
was driven at a speed of 45 kilometres per
hour or more in excess of that permitted,
12 months".
7
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 8
8. New section 67 substituted
For section 67 of the Road Safety Act 1986
substitute--
"67. Extension of time if no actual notice for
certain traffic infringements
5
(1) If a traffic infringement notice (other than a
notice to which section 89A applies) is not
served by delivering it personally to the
person to whom it was issued, and that
person is not in fact aware that it has been
10
issued, the person may apply to a registrar
(within the meaning of Schedule 7 to the
Magistrates' Court Act 1989) of the
Magistrates' Court to have an extension of
time of 28 days to deal with the notice in
15
accordance with this Act.
(2) An application under sub-section (1) must--
(a) be made within 14 days of the applicant
becoming aware of the notice; and
(b) be filed with the registrar; and
20
(c) be accompanied by a sworn statement
in writing or by a statutory declaration
setting out the grounds on which the
extension is sought.
(3) If an application is made under sub-section
25
(1) to a registrar of the Magistrates' Court,
the registrar must--
(a) refer the application to the Magistrates'
Court constituted by a magistrate; and
(b) cause a notice of the time and place of
30
the hearing of the application to be
given or sent to--
8
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 8
(i) the person who served the traffic
infringement notice on the
applicant or caused it to be served;
and
(ii) the applicant.
5
(4) The Magistrates' Court may only grant an
extension of time if satisfied that the person
was not in fact aware, more than 14 days
before making an application under sub-
section (1), that the traffic infringement
10
notice had been issued.
(5) On the granting of the extension of time--
(a) the traffic infringement notice
continues to have effect, unless
withdrawn at any time under section
15
88(3), despite the doing of any thing or
the taking of any step in relation to it
under Schedule 7 to the Magistrates'
Court Act 1989 before the extension of
time was granted, but if an enforcement
20
order had been made in relation to it
before the extension of time was
granted and the person does not take a
relevant action in relation to the notice
within the extended period, the notice
25
ceases to have effect at the end of that
period; and
(b) any reference in sections 66(3) and
88(3) to a 28 day period must be read
as a reference to the extended period;
30
and
(c) the reference in section 89(1) to the
period specified in the infringement
notice for the payment of the penalty
must be read as a reference to the
35
extended period; and
9
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 8
(d) any cancellation, disqualification or
suspension, and any extension of
probation, that resulted from the
infringement notice is set aside if the
person takes a relevant action referred
5
to in sub-section (6)(b) or (c) in relation
to the notice within the extended
period; and
(e) any fine or part of a fine within the
meaning of Schedule 7 to the
10
Magistrates' Court Act 1989 that has
been paid in relation to the
infringement notice must be refunded
(and the Consolidated Fund is, to the
necessary extent, appropriated
15
accordingly) if the person takes a
relevant action in relation to the notice
within the extended period; and
(f) any demerit points recorded as a result
of the infringement notice are cancelled
20
if the person takes a relevant action
referred to in sub-section (6)(b) or (c)
in relation to the notice within the
extended period; and
(g) any of the procedures set out in
25
Schedule 7 to the Magistrates' Court
Act 1989 that are being used for the
enforcement of the infringement
penalty within the meaning of that
Schedule must be discontinued and any
30
enforcement order made, or warrant
issued, under that Schedule ceases to
have effect if the person takes a
relevant action in relation to the notice
within the extended period; and
35
10
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 8
(h) anything done by the person before he
or she became aware that the
infringement notice had been issued
that constituted an offence only because
of any cancellation, disqualification or
5
suspension, or any extension of
probation, that resulted from the
infringement notice must be taken not
to constitute that offence if the person
takes a relevant action in relation to the
10
notice within the extended period; and
(i) the reference in section 66(3)(aab) to
the registration of the infringement
penalty under Schedule 7 to the
Magistrates' Court Act 1989 must be
15
read as not including a reference to
such a registration done before the
extension of time was granted; and
(j) any period of cancellation,
disqualification or suspension, and any
20
extension of probation, of a driver
licence or permit that--
(i) resulted from the traffic
infringement notice; and
(ii) occurred after the person became
25
aware that the traffic infringement
notice had been issued--
must be taken into account by any court
which subsequently finds the person
guilty of the offence in respect of which
30
the traffic infringement notice was
issued; and
(k) a reference in section 89(4) to the
expiration of the period specified in the
notice must be read as a reference to the
35
expiration of the extended period.
11
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 8
(6) For the purposes of sub-section (5) a person
who is granted an extension of time as
referred to in sub-section (1) only takes a
relevant action in relation to a traffic
infringement notice if the person--
5
(a) pays the whole of the amount specified
in the notice as payable in respect of the
offence for which the notice was
issued; or
(b) supplies a statement or declaration
10
under section 66(3) to an enforcement
official within the meaning of that
section; or
(c) serves a written statement on an
enforcement official within the
15
meaning of section 66(3) to the effect
that the person declines to be dealt with
under Part 2 of Schedule 7 to the
Magistrates' Court Act 1989.
(7) Despite anything to the contrary in section
20
88(3AA), if the Magistrates' Court grants an
extension of time as referred to in sub-
section (1), a traffic infringement notice may
be withdrawn under section 88(3) even
though the infringement penalty has been
25
registered under Schedule 7 to the
Magistrates' Court Act 1989.
(8) The taking of a relevant action referred to in
sub-section (6)(c) has the effect that the
person may only be proceeded against by a
30
charge filed for the alleged offence and, for
this purpose, a charge may be filed not later
than 12 months after the date of the service
of the statement under that sub-section
despite anything to the contrary in any other
35
Act.".
12
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 9
9. Unauthorised use of freeway
(1) After section 68A(1) of the Road Safety Act
1986 insert--
"(1A) A rider of a bicycle or other pedal-powered
vehicle must not, without a reasonable
5
excuse, ride on any part of a freeway other
than--
(a) a pathway on the road reserve of the
freeway; or
(b) in accordance with a sign erected on the
10
freeway by the Corporation; or
(c) as authorised in writing by the
Corporation.
Penalty: 5 penalty units.".
(2) After section 68A(5) of the Road Safety Act
15
1986 insert--
'(6) If a member of the police force believes, on
reasonable grounds, that a person is
committing an offence against this section,
the member of the police force may remove
20
from the freeway or the part of the freeway,
as the case requires, that person or any
bicycle or other pedal-powered vehicle,
animal or machinery connected with the
commission of the offence or any other
25
property belonging to or in the possession of,
or apparently belonging to or in the
possession of, that person.
(7) A member of the police force may, in order
to remove a person or thing under sub-
30
section (6), use such force as is reasonable in
the circumstances.
13
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 10
(8) The exercise of a power under sub-
section (6) does not prevent the commencing
of a proceeding in respect of the offence.
(9) In this section "pathway" has the same
meaning as in the Road Management Act
5
2004.'.
10. Liability of owner for parking infringement against
local laws
In section 86(1) of the Road Safety Act 1986, for
"or by-law" substitute ", by-law or local law".
10
11. Disclosure of information
After section 92(3)(d) of the Road Safety Act
1986 insert--
"(da) in connection with an authorisation of the
towing of a vehicle given by a member of the
15
police force or the Corporation; or".
12. Interpretation of regulations
After section 95(3B) of the Road Safety Act 1986
insert--
'(3C) The regulations may provide for a
20
Commonwealth interpretation enactment to
apply to the interpretation of any of the
provisions of the regulations--
(a) either wholly or to the extent specified
by the regulations; and
25
(b) to so apply without modifications or
with the modifications specified by the
regulations.
14
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 13
(3D) In sub-section (3C) "Commonwealth
interpretation enactment" means--
(a) the Acts Interpretation Act 1901 of the
Commonwealth; or
(b) the Legislative Instruments Act 2003 of
5
the Commonwealth; or
(c) the Acts Interpretation Act 1901 of the
Commonwealth as applied by the
Legislative Instruments Act 2003 of the
Commonwealth to legislative
10
instruments within the meaning of that
Act.
(3E) This section does not prevent the
Interpretation of Legislation Act 1984
from applying to the regulations to the extent
15
that it can do so consistently with the
application to those regulations of any
Commonwealth interpretation enactment
within the meaning of sub-section (3C).'.
13. Conduct of works or activities on a highway
20
In section 99A(3) of the Road Safety Act 1986,
for "the generality of sub-section (2), the person
to whom this section applies must" substitute
"sub-section (2), a person to whom this section
applies contravenes that sub-section if the person
25
fails to do any of the following".
14. New section 106A inserted
After section 106 of the Road Safety Act 1986
insert--
'106A. Application of Commonwealth Acts
30
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--
35
15
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 15
(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
5
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.'.
10
15. Minor amendments
(1) In section 89B(1) of the Road Safety Act 1986
for ",within 14 days after becoming aware of it,
apply in accordance with the regulations to the
Magistrates' Court" substitute "apply to a
15
registrar (within the meaning of Schedule 7 to the
Magistrates' Court Act 1989) of the Magistrates'
Court".
(2) After section 89B(1) of the Road Safety Act 1986
insert--
20
"(1A) An application under sub-section (1) must--
(a) be made within 14 days of the applicant
becoming aware of the notice; and
(b) be filed with the registrar; and
(c) be accompanied by a sworn statement
25
in writing or by a statutory declaration
setting out the grounds on which the
extension is sought.
(1B) If an application is made under sub-
section (1) to a registrar of the Magistrates'
30
Court, the registrar must--
(a) refer the application to the Magistrates'
Court constituted by a magistrate; and
16
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 16
(b) cause a notice of the time and place of
the hearing of the application to be
given or sent to--
(i) the person who issued the
infringement notice; and
5
(ii) the applicant.".
(3) In section 89B(2) of the Road Safety Act 1986,
for "court" substitute "Magistrates' Court".
(4) In section 89B(3) of the Road Safety Act 1986--
(a) for "court" (where first occurring) substitute
10
"Magistrates' Court";
(b) for "court" (where secondly occurring)
substitute "Court".
(5) For section 90C(2)(b) of the Road Safety Act
1986 substitute--
15
"(b) a freeway or an arterial road within the
meaning of the Road Management Act
2004; or".
(6) In section 99B(5) of the Road Safety Act 1986,
for "(1)" substitute "(4)".
20
16. New section 103J inserted
Before section 104 of the Road Safety Act 1986
insert--
"103J. Transitional provisions--Road Safety
(Further Amendment) Act 2005
25
(1) Unless a contrary intention appears in this
Act, on and after the commencement of
section 3 of the Road Safety (Further
Amendment) Act 2005, the Interpretation
of Legislation Act 1984 applies to the
30
interpretation of all of the provisions of this
Act (including provisions inserted in this
Act, or amended, by an Act passed while
17
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 2--Amendment of Road Safety Act 1986
s. 16
section 3A of this Act was in operation)
whether or not the effect of that application
is consistent with the effect that there would
be if the Acts Interpretation Act 1901 of the
Commonwealth applied to the interpretation
5
of those provisions.
(2) The amendments of section 61 of this Act
made by section 5 of the Road Safety
(Further Amendment) Act 2005 apply only
to offences against section 61 alleged to have
10
been committed on or after the
commencement of section 5 of that Act.
(3) The amendments of section 64(2) of this Act
made by section 7 of the Road Safety
(Further Amendment) Act 2005 apply only
15
to offences alleged to have been committed
on or after the commencement of section 7
of that Act.
(4) For the purposes of sub-sections (2) and (3),
if an offence is alleged to have been
20
committed between two dates, one before
and one after the commencement of section 5
or 7 (as the case requires) of the Road
Safety (Further Amendment) Act 2005,
the offence is alleged to have been
25
committed before the commencement of that
section.".
__________________
18
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 3--Amendment of Road Management Act 2004
s. 17
See:
PART 3--AMENDMENT OF ROAD MANAGEMENT
Act No.
ACT 2004 12/2004.
Reprint No. 1
as at
17. Person must remove structure, device, hoarding, 1 July 2004
advertisement, sign or bill if requested to do so and
amending
(1) After section 69(1) of the Road Management Act
5 Act Nos
39/2004,
2004 insert-- 108/2004 and
110/2004.
"(1A) A person must, if requested to do so by an LawToday:
authorised officer, remove any www.dms.
dpc.vic.
advertisement, sign or bill, or any structure, gov.au
device or hoarding for the exhibition of an
10
advertisement, sign or bill, placed by the
person at any time before the
commencement of section 66 on or over a
road or on road infrastructure or road-related
infrastructure in contravention of any
15
provision made by or under any Act in force
at that time.".
(2) In section 69(2) of the Road Management Act
2004, for "the request" substitute "a request under
sub-section (1) or (1A)".
20
18. Power to serve road management infringement
notice
(1) In section 90(1) of the Road Management Act
2004, after "authorised officer" (where twice
occurring) insert "or member of the police force".
25
(2) In section 92(1) of the Road Management Act
2004, after "authorised officer" insert "or, if the
notice was served by a member of the police
force, that member or another member of the same
or higher rank,".
30
(3) In section 92(2)(c) of the Road Management Act
2004, after "authorised officer" insert "or member
of the police force (as the case requires)".
19
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 3--Amendment of Road Management Act 2004
s. 19
(4) In section 93(1) of the Road Management Act
2004, after "authorised officer" insert "(or, if the
notice was served by a member of the police
force, that member or another member of the same
or higher rank)".
5
19. New sections 119A and 119B inserted
After section 119 of the Road Management Act
2004 insert--
'119A. Removal of stationary vehicles
(1) VicRoads may move or cause to be moved
10
from a freeway or any other road that the
Minister, by notice published in the
Government Gazette, declares to be a road to
which this section applies any vehicle--
(a) that is parked or left standing on that
15
road contrary to any law; or
(b) that in the opinion of VicRoads--
(i) is, or is likely to be or to cause, a
danger to other road users; or
(ii) is causing, or is likely to cause,
20
traffic congestion; or
(c) that is disabled or damaged.
(2) A person acting in accordance with sub-
section (1)--
(a) may enter a vehicle using, if necessary,
25
reasonable force, for the purpose of
conveniently or expeditiously moving
it; and
(b) may move the vehicle to the nearest
convenient place.
30
20
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 3--Amendment of Road Management Act 2004
s. 20
(3) In the case of the removal of a vehicle
damaged at an accident scene, sub-sections
(1) and (2) are not intended to remove any
obligation imposed on a person by
section 183B of the Transport Act 1983.
5
(4) VicRoads may recover from the owner of a
vehicle moved or stored under this section
any reasonable costs incurred in moving or
storing it.
(5) In this section "vehicle" includes anything
10
attached to, within, or on, the vehicle.
119B. Removal of abandoned property
VicRoads may remove any thing on a
freeway or other road to which section 119A
applies that appears to have been
15
abandoned.'.
20. Access policy
After clause 3(4) of Schedule 2 to the Road
Management Act 2004 insert--
20 "(5) A policy made under sub-clause (1) is not a
subordinate instrument for the purposes of the
Interpretation of Legislation Act 1984.".
21. New clause 3A inserted in Schedule 2
After clause 3 of Schedule 2 to the Road
Management Act 2004 insert--
25
"3A. Power to apply, adopt or incorporate
(1) A policy under clause 3 may apply, adopt or
incorporate any matter contained in any
document, code, standard, rule, specification
30 or method formulated, issued, prescribed or
published by any authority, person or body
whether--
(a) wholly or partially or as amended by the
policy; or
21
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 3--Amendment of Road Management Act 2004
s. 21
(b) as formulated, issued, prescribed or
published at the time the policy is made
or at any time before then; or
(c) as formulated, issued, prescribed or
5 published from time to time.
(2) If a policy has applied, adopted or incorporated
any matter contained in any document, code,
standard, rule, specification or method as
formulated, issued, prescribed or published
10 from time to time and that document, code,
standard, rule, specification or method is at any
time amended, until the road authority causes
notice to be published in the Government
Gazette of that amendment, the document,
15 code, standard, rule, specification or method is
to be taken not to have been so amended.".
__________________
22
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 4--Amendment of Melbourne City Link Act 1995
s. 22
See:
PART 4--AMENDMENT OF MELBOURNE CITY LINK
Act No.
ACT 1995 107/1995.
Reprint No. 5
as at
22. Declaration of Link road 31 December
2002
For section 61(4)(a) of the Melbourne City Link and
Act 1995 substitute--
5 amending
Act Nos
"(a) a freeway or an arterial road within the 59/2003,
94/2003,
meaning of the Road Management Act 12/2004,
2004, as stated in the declaration under sub- 49/2004,
108/2004 and
section (1); and". 110/2004.
LawToday:
23. New section 87A substituted
10 www.dms.
dpc.vic.
For section 87A of the Melbourne City Link Act gov.au
1995 substitute--
"87A. Extension of time if no actual notice for
offence to drive unregistered vehicle in toll
zone
15
(1) If an infringement notice for an offence
against section 73(1) is not served by
delivering it personally to the person to
whom it was issued, and that person is not in
fact aware that it had been issued, the person
20
may apply to a registrar (within the meaning
of Schedule 7 to the Magistrates' Court Act
1989) of the Magistrates' Court to have an
extension of time of 28 days to deal with the
notice in accordance with this Act.
25
(2) An application under sub-section (1) must--
(a) be made within 14 days of the applicant
becoming aware of the notice; and
(b) be filed with the registrar; and
(c) be accompanied by a sworn statement
30
in writing or by a statutory declaration
setting out the grounds on which the
extension is sought.
23
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 4--Amendment of Melbourne City Link Act 1995
s. 23
(3) If an application is made under sub-
section (1) to a registrar of the Magistrates'
Court, the registrar must--
(a) refer the application to the Magistrates'
Court constituted by a magistrate; and
5
(b) cause a notice of the time and place of
the hearing of the application to be
given or sent to--
(i) the person who served the
infringement notice on the
10
applicant or caused it to be served;
and
(ii) the applicant.
(4) The Magistrates' Court may only grant an
extension of time if satisfied that the person
15
was not in fact aware, more than 14 days
before making an application under sub-
section (1), that the infringement notice had
been issued.
(5) On the granting of the extension of time--
20
(a) the infringement notice continues to
have effect, unless withdrawn at any
time under section 83(1), despite the
doing of any thing or the taking of any
step in relation to it under Schedule 7 to
25
the Magistrates' Court Act 1989
before the extension of time was
granted, but if an enforcement order
had been made in relation to it before
the extension of time was granted and
30
the person does not take a relevant
action in relation to the notice within
the extended period, the notice ceases
to have effect at the end of that period;
and
35
24
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 4--Amendment of Melbourne City Link Act 1995
s. 23
(b) any reference in sections 83(1) and
87(3) to a 28 day period must be read
as a reference to the extended period;
and
(c) the reference in section 84(1) to the
5
time shown in the infringement notice
must be read as a reference to the
extended period; and
(d) any fine or part of a fine within the
meaning of Schedule 7 to the
10
Magistrates' Court Act 1989 that has
been paid in relation to the
infringement notice must be refunded
(and the Consolidated Fund is, to the
necessary extent, appropriated
15
accordingly) if the person takes a
relevant action in relation to the notice
within the extended period; and
(e) any of the procedures set out in
Schedule 7 to the Magistrates' Court
20
Act 1989 that are being used for the
enforcement of the infringement
penalty within the meaning of that
Schedule must be discontinued and any
enforcement order made, or warrant
25
issued, under that Schedule ceases to
have effect if the person takes a
relevant action in relation to the notice
within the extended period; and
(f) the reference in section 87(3)(aab) to
30
the registration of the infringement
penalty under Schedule 7 to the
Magistrates' Court Act 1989 must be
read as not including a reference to
such a registration done before the
35
extension of time was granted; and
25
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 4--Amendment of Melbourne City Link Act 1995
s. 23
(g) a reference in section 85(1) to the
expiration of the period specified in the
notice must be read as a reference to the
expiration of the extended period.
(6) For the purposes of sub-section (5) a person
5
who is granted an extension of time as
referred to in sub-section (1) only takes a
relevant action in relation to an infringement
notice if the person--
(a) pays the whole of the penalty shown on
10
the infringement notice; or
(b) supplies a statement or declaration
under section 87(3) to an enforcement
official within the meaning of that
section; or
15
(c) serves a written statement on an
enforcement official within the
meaning of section 87(3) to the effect
that the person declines to be dealt with
under Part 2 of Schedule 7 to the
20
Magistrates' Court Act 1989.
(7) Despite anything to the contrary in section
83(2A), if the Magistrates' Court grants an
extension of time as referred to in sub-
section (1), an infringement notice may be
25
withdrawn under section 83(1) even though
the infringement penalty has been registered
under Schedule 7 to the Magistrates' Court
Act 1989.
26
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 4--Amendment of Melbourne City Link Act 1995
s. 23
(8) The taking of a relevant action referred to in
sub-section (6)(c) has the effect that the
person may only be proceeded against by a
charge filed for the alleged offence and, for
this purpose, a charge may be filed not later
5
than 12 months after the date of the service
of the statement under that sub-section
despite anything to the contrary in any other
Act".
__________________
27
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 5--Amendment of Road Safety (Drug Driving) Act 2003
s. 24
See: PART 5--AMENDMENT OF ROAD SAFETY (DRUG
Act No.
DRIVING) ACT 2003
111/2003 and
amending Act
Nos 49/2004
24. Commencement of sunsetting provision
and 110/2004.
Statute Book:
In section 2(3) of the Road Safety (Drug
www.dms.
Driving) Act 2003, for "1 July 2005" substitute
5 dpc.vic.
gov.au
"1 July 2006".
25. Consequential amendment of sunsetting provision
For section 23(13) of the Road Safety (Drug
Driving) Act 2003 substitute--
'(13) In the first entry in column 1 of the Table in
10
section 50AA of the Principal Act, for
"(1DA) and (1E)" substitute "and (1DA)".'.
__________________
28
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 6--Amendment of Police Regulation Act 1958
s. 26
See:
PART 6--AMENDMENT OF POLICE REGULATION
Act No.
ACT 1958 6338.
Reprint No. 10
as at
26. Disclosure of towing information 1 March 2005
and
After section 127A(1E) of the Police Regulation amending
Act 1958 insert--
5 Act No.
108/2004.
"(1F) Sub-section (1) does not prevent a member LawToday:
www.dms.
of the police force from disclosing to a tow dpc.vic.
truck operator within the meaning of Part VI gov.au
of the Transport Act 1983, in connection
with the towing of a vehicle by a tow truck,
10
information disclosed under section 92(3)(d)
of the Road Safety Act 1986 and such a
disclosure by a member of the police force is
authorised for that purpose.".
__________________
29
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 7--Amendment of Other Acts
s. 27
PART 7--AMENDMENT OF OTHER ACTS
See: 27. New section 149A to be inserted in Road Safety Act
Act No.
1986 by Transport Legislation (Amendment) Act
110/2004.
Statute Book 2004
www.dms.
dpc.vic.
In section 41 of the Transport Legislation
5 gov.au
(Amendment) Act 2004, in the proposed new
Division 1 of Part 10 of the Road Safety Act
1986, before section 150 insert--
'149A. Application of Commonwealth Acts
Interpretation Act 1901
10
(1) The Acts Interpretation Act 1901 of the
Commonwealth applies to the interpretation
of this Part, except that, in relation to
Victoria--
(a) "Gazette" refers to the Victorian
15
Government Gazette; and
(b) "Minister" refers to the responsible
Minister of Victoria.
(2) This section does not prevent the
Interpretation of Legislation Act 1984
20
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
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 7--Amendment of Other Acts
s. 28
28. New section 191A to be inserted in Road Safety Act
1986 by Transport Legislation (Amendment) Act
2004
In section 41 of the Transport Legislation
(Amendment) Act 2004, in the proposed new
5
Division 1 of Part 11 of the Road Safety Act
1986, before section 192 insert--
'191A. Application of Commonwealth Acts
Interpretation Act 1901
(1) The Acts Interpretation Act 1901 of the
10
Commonwealth applies to the interpretation
of this Part, except that, in relation to
Victoria--
(a) "Gazette" refers to the Victorian
Government Gazette; and
15
(b) "Minister" refers to the responsible
Minister of Victoria.
(2) This section does not prevent the
Interpretation of Legislation Act 1984
from applying to this Part to the extent that it
20
can do so consistently with the application of
the Acts Interpretation Act 1901 of the
Commonwealth.'.
31
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 7--Amendment of Other Acts
s. 29
29. Consequential amendment of Magistrates' Court
See:
Act 1989
Act No.
51/1989.
Reprint No. 10 Clause 54 of Schedule 4 to the Magistrates'
as at
Court Act 1989 is repealed.
13 October
2004
30. Statute law revision of Magistrates' Court Act 1989
5 and
amending
(1) In clause 4(2) of Schedule 7 to the Magistrates'
Act Nos
27/2002,
Court Act 1989--
80/2003,
94/2003,
(a) in paragraph (h)(ii) after "86(3)(a)" insert
68/2004,
", (aab) or (ab)";
77/2004,
107/2004,
108/2004,
(b) in paragraph (i)(ii) after "66(3)(a)" insert
10 2/2005 and
", (aab) or (ab)";
3/2005.
LawToday:
(c) in paragraph (j)(ii) after "87(3)(a)" insert
www.dms.
dpc.vic.
", (aab) or (ab)".
gov.au
(2) In clause 14(2) of Schedule 7 to the Magistrates'
Court Act 1989--
15
(a) in paragraph (b)(ii) for "86(3)(a) or (ab),
(aab)" substitute "86(3)(a), (aab) or (ab)";
(b) in paragraph (c)(ii) for "66(3)(a) or (ab),
(aab)" substitute "66(3)(a), (aab) or (ab)";
(c) in paragraph (d)(ii) for "87(3)(a) or (ab),
20
(aab)" substitute "87(3)(a), (aab) or (ab)".
31. Amendment of Children and Young Persons
(Miscellaneous Amendments) Act 2005
(1) For section 57(1)(c), (d) and (e) of the Children
and Young Persons (Miscellaneous
25
Amendments) Act 2005 substitute--
'(c) in section 67(1), after "of the Magistrates'
Court" insert "or a registrar (within the
meaning of Schedule 2A to the Children
and Young Persons Act 1989) of the
30
Children's Court, as the case may be,";
32
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 7--Amendment of Other Acts
s. 31
(d) in section 67(4), after "Magistrates' Court"
insert "or a registrar (within the meaning of
Schedule 2A to the Children and Young
Persons Act 1989) of the Children's Court,
as the case may be,";
5
(e) in section 67(5)(a), (e), (g) and (i) after
"Magistrates' Court Act 1989" insert
"or Schedule 2A to the Children and Young
Persons Act 1989";
(ea) in sections 67(6)(c) and 67(7) after
10
"Magistrates' Court Act 1989" insert
"or under Schedule 2A to the Children and
Young Persons Act 1989, as the case
requires";
(eb) in section 67(7) after "if the Magistrates'
15
Court" insert "or a registrar (within the
meaning of Schedule 2A to the Children
and Young Persons Act 1989) of the
Children's Court, as the case may be,";'.
(2) After section 57(1)(h) of the Children and
20
Young Persons (Miscellaneous Amendments)
Act 2005 insert--
'(ha) in section 89B(1), after "of the Magistrates'
Court" insert "or a registrar (within the
meaning of Schedule 2A to the Children
25
and Young Persons Act 1989) of the
Children's Court, as the case may be,";
(hb) in section 89B(2)--
(i) after "Magistrates' Court" insert "or a
registrar (within the meaning of
30
Schedule 2A to the Children and
Young Persons Act 1989) of the
Children's Court, as the case may be,";
(ii) omit "it is";
33
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Part 7--Amendment of Other Acts
s. 31
(hc) in section 89B(3)--
(i) after "Magistrates' Court" insert "or a
registrar (within the meaning of
Schedule 2A to the Children and
Young Persons Act 1989) of the
5
Children's Court, as the case may be,";
(ii) after "by the Court" insert "or the
registrar, as the case may be";'.
(3) For section 58(3)(c), (d) and (e) of the Children
and Young Persons (Miscellaneous
10
Amendments) Act 2005 substitute--
'(c) in section 87A(1), after "of the Magistrates'
Court" insert "or a registrar (within the
meaning of Schedule 2A to the Children
and Young Persons Act 1989) of the
15
Children's Court, as the case may be,";
(d) in section 87A(4), after "Magistrates' Court"
insert "or a registrar (within the meaning of
Schedule 2A to the Children and Young
Persons Act 1989) of the Children's Court,
20
as the case may be,";
(e) in section 87A(5)(a), (d), (e) and (f) after
"Magistrates' Court Act 1989" insert
"or Schedule 2A to the Children and Young
Persons Act 1989";
25
(f) in sections 87A(6)(c) and 87A(7) after
"Magistrates' Court Act 1989" insert
"or under Schedule 2A to the Children and
Young Persons Act 1989, as the case
requires";
30
(g) in section 87A(7) after "if the Magistrates'
Court" insert "or a registrar (within the
meaning of Schedule 2A to the Children
and Young Persons Act 1989) of the
Children's Court, as the case may be,".'.
35
34
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Road Safety (Further Amendment) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
35
551312B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
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