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PARLIAMENT OF VICTORIA
Transport Legislation (Miscellaneous Amendments)
Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 5
PART 2--AMENDMENT OF MARINE ACT 1988 6
3. Alcohol/drug offences involving a refusal to comply with a
requirement 6
PART 3--AMENDMENT OF MELBOURNE CITY LINK ACT
1995 8
4. Definitions 8
5. Abolition of office of Director, Melbourne City Link and transfer
of functions and powers to Roads Corporation 8
6. New definitions inserted 9
7. Liability to pay toll 9
8. Offence to drive unregistered vehicle in toll zone 10
9. Notification of non-payment of tolls by taxi-cab drivers 10
10. Power to serve a notice 11
11. Withdrawal of notice 11
12. Offences detected by prescribed tolling device 11
13. General evidentiary provisions 12
14. Disclosure to, and use by, tollway operator of certain tolling
information 13
15. Disclosure and use of information for investigation and
enforcement of certain road safety laws 14
16. New section 90CA inserted 17
90CA. Records of disclosure and use by authorised Roads
Corporation officers 17
17. New section 121 inserted 18
121. Transitional provision--Transport Legislation
(Miscellaneous Amendments) Act 2004 18
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Clause Page
PART 4--AMENDMENT OF PUBLIC TRANSPORT
COMPETITION ACT 1995 19
18. Definitions 19
19. Giving or refusal of accreditation 20
Victorian Legislation Parliamentary Documents
PART 5--AMENDMENT OF RAIL CORPORATIONS ACT 1996 21
20. Definitions 21
21. Civil penalty provisions 22
22. Repeal of prohibited interest provisions 23
PART 6--AMENDMENT OF ROAD SAFETY ACT 1986 24
Division 1--Registration Numbers and Number Plates 24
23. Definitions 24
24. Functions of Corporation 24
25. Powers of Corporation 24
26. New sections 5AC and 5AD inserted 25
5AC. Sale of registration number rights 25
5AD. What are registration number rights? 25
5AE. Non-standard number plates and replacement number
plates 28
27. General evidentiary provisions 28
28. Charges relating to assignment of registration numbers 29
29. Subject-matter for regulations 29
30. New sections 103E and 103F inserted 30
103E. Validation of sale of registration number rights and
collection of certain amounts 30
103F. Regulations may take effect on commencement 33
Division 2--Alcohol Interlock Conditions 33
31. Direction to impose alcohol interlock condition 33
32. Police to be notified of application for the removal of an
alcohol interlock condition 34
33. Amendment of transitional provision 35
Division 3--Other Amendments 36
34. Alcohol/drug offences involving a refusal to comply with a
requirement 36
35. "Owner onus" offences 38
36. Withdrawal of infringement notice 40
37. Delegation 40
38. Repeal of references to repealed Commonwealth Act 41
39. New section 103G inserted 41
103G. Transitional provision--Transport Legislation
(Miscellaneous Amendments) Act 2004 41
40. Consequential amendments to Magistrates' Court Act 1989 42
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Clause Page
PART 7--AMENDMENT OF ROAD SAFETY (DRUG DRIVING)
ACT 2003 43
41. Penalty for new offence involving drugs 43
Victorian Legislation Parliamentary Documents
PART 8--AMENDMENT OF ROAD TRANSPORT
(DANGEROUS GOODS) ACT 1995 45
42. Updating of reference to Commonwealth Act 45
PART 9--AMENDMENT OF SENTENCING ACT 1991 46
43. Direction to impose alcohol interlock condition 46
44. Police to be notified of application for the removal of an
alcohol interlock condition 46
45. Amendment of transitional provision 47
PART 10--AMENDMENT OF TRANSPORT ACT 1983 48
46. Delegations for the grant of driving instructor authorities 48
47. Alcohol/drug offences involving a refusal to comply with a
requirement 48
48. Regulations concerning railway safety work 50
ENDNOTES 51
iii
551148B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 4 May 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the Marine Act 1988, the Melbourne City Link Act 1995,
the Public Transport Competition Act 1995, the Rail Corporations
Act 1996, the Road Safety Act 1986, the Road Safety (Drug
Driving) Act 2003, the Road Transport (Dangerous Goods) Act
1995, the Sentencing Act 1991 and the Transport Act 1983 and
make consequential amendments to the Magistrates' Court Act 1989
and for other purposes.
Transport Legislation (Miscellaneous
Amendments) Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend--
1
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 1--Preliminary
s. 1
(a) the Marine Act 1988 to specify certain
states of affairs or circumstances that do not
prevent a person being convicted or found
guilty of a refusal to comply with certain
Victorian Legislation Parliamentary Documents
requirements made in relation to offences
5
involving alcohol or other drugs; and
(b) the Melbourne City Link Act 1995 to--
(i) support interoperability arrangements
between tollway operators; and
(ii) make miscellaneous amendments
10
relating to the disclosure and use of
restricted tolling information and the
enforcement of the payment of tolls;
and
(iii) abolish the office of Director,
15
Melbourne City Link and transfer the
Director's functions and powers to the
Roads Corporation; and
(c) the Public Transport Competition Act
1995 to--
20
(i) require all road transport passenger
services to be accredited; and
(ii) expressly confer on the Secretary the
discretion to refuse to give an
accreditation if an applicant for
25
accreditation or the applicant's directors
or managers nominated in the
application have been found guilty of,
or charged with, certain offences; and
(d) the Rail Corporations Act 1996 to--
30
(i) facilitate the inclusion of civil penalty
provisions in certain contracts for the
provision of public transport services;
and
2
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 1--Preliminary
s. 1
(ii) repeal the provisions of that Act which
impose certain cross-ownership
restrictions on train and tram operators;
and
Victorian Legislation Parliamentary Documents
(e) the Road Safety Act 1986 to--
5
(i) provide for the granting of rights to
registration numbers and the making of
regulations concerning those rights; and
(ii) provide for the issue of non-standard
number plates and the making of
10
regulations concerning those plates; and
(iii) validate certain past transactions
relating to the sale of registration
number rights, the issue of number
plates and the assignment of
15
registration numbers; and
(iv) extend the scope of offences with
respect to which alcohol interlock
conditions may be imposed under that
Act and require the police to be notified
20
of applications for the removal of such
conditions; and
(v) specify certain states of affairs or
circumstances that do not prevent a
person being convicted or found guilty
25
of a refusal to comply with certain
requirements made in relation to
offences involving alcohol or other
drugs; and
(vi) make miscellaneous amendments
30
relating to the enforcement of "owner
onus" offences; and
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 1--Preliminary
s. 1
(vii) expand the period within which an
infringement notice may be withdrawn;
and
(viii) enable the sub-delegation of certain
Victorian Legislation Parliamentary Documents
powers; and
5
(f) the Road Safety (Drug Driving) Act 2003
to provide new penalties for the offence of
refusing to provide a sample of oral fluid for
drug testing; and
(g) the Road Transport (Dangerous Goods)
10
Act 1995 to up-date a reference to a
Commonwealth Act; and
(h) the Sentencing Act 1991 to extend the scope
of offences with respect to which alcohol
interlock conditions may be imposed under
15
that Act and require the police to be notified
of applications for the removal of such
conditions; and
(i) the Transport Act 1983 to--
(i) confer on the Secretary the power, by
20
instrument, to delegate his or her power
to issue driver instructor authorities
under section 33 of the Road Safety
Act 1986; and
(ii) specify certain states of affairs or
25
circumstances that do not prevent a
worker being convicted or found guilty
of a refusal to comply with certain
requirements made in relation to
offences involving alcohol or other
30
drugs; and
(iii) broaden the regulation-making powers
relating to the carrying on of railway
safety work.
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 1--Preliminary
s. 2
2. Commencement
(1) This Act (except sections 9, 10 and 12(5) and (6)
and Part 8) comes into operation on the day after
the day on which it receives the Royal Assent.
Victorian Legislation Parliamentary Documents
(2) Part 8 is deemed to have come into operation on
5
15 January 2004.
(3) Sections 9, 10 and 12(5) and (6) come into
operation on a day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 4 January 2005, it
10
comes into operation on that day.
__________________
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 2--Amendment of Marine Act 1988
s. 3
See: PART 2--AMENDMENT OF MARINE ACT 1988
Act No.
52/1988.
3. Alcohol/drug offences involving a refusal to comply
Reprint No. 5
as at
Victorian Legislation Parliamentary Documents
with a requirement
7 February
2002 and
After section 28(1) of the Marine Act 1988
amending
insert--
5 Act Nos
77/2001,
11/2002, "(1A) A person may be convicted or found guilty
46/2002,
of an offence under paragraph (c) or (d) of
85/2003 and
94/2003. sub-section (1) even if--
LawToday:
www.dms.
(a) in the case of an offence under
dpc.vic.
paragraph (c), a prescribed device was
10 gov.au
not presented to the person at the time
of the making of the requirement; and
(b) in the case of an offence under
paragraph (d)--
(i) a breath analysing instrument was
15
not available at the place where
the requirement was made at the
time it was made; and
(ii) a person authorised to operate a
breath analysing instrument was
20
not present at the place where the
requirement was made at the time
it was made; and
(iii) the person requiring a sample of
blood had not nominated a
25
registered medical practitioner or
approved health professional to
take the sample; and
(iv) a registered medical practitioner
or approved health professional
30
was not present at the place where
the requirement was made at the
time it was made.
6
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 2--Amendment of Marine Act 1988
s. 3
(1B) To avoid doubt, in proceedings for an
offence under paragraph (d) of sub-section
(1) a state of affairs or circumstance referred
to in sub-section (1A)(b)(i) or (ii) is not a
Victorian Legislation Parliamentary Documents
reason of a substantial character for a refusal
5
for the purposes of section 31(9).".
__________________
7
551148B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 3--Amendment of Melbourne City Link Act 1995
s. 4
See: PART 3--AMENDMENT OF MELBOURNE CITY LINK ACT
Act No.
1995
107/1995.
Reprint No. 5
as at
4. Definitions
Victorian Legislation Parliamentary Documents
31 December
2002 and
(1) In section 3 of the Melbourne City Link Act
amending
1995, the definitions of "Director" and "Secretary"
5 Act Nos
59/2003 and
are repealed.
94/2003.
LawToday:
(2) In section 3 of the Melbourne City Link Act
www.dms.
1995, after the definition of "restricted tolling
dpc.vic.
gov.au
information" insert--
' "Roads Corporation" has the same meaning as
10
in the Transport Act 1983;'.
5. Abolition of office of Director, Melbourne City Link
and transfer of functions and powers to Roads
Corporation
(1) Section 6A of the Melbourne City Link Act
15
1995 is repealed.
(2) In section 6B(1) of the Melbourne City Link Act
1995, for "Director" (where twice occurring)
substitute "Roads Corporation".
(3) Section 6B(2) of the Melbourne City Link Act
20
1995 is repealed.
(4) In section 6B(3) of the Melbourne City Link Act
1995--
(a) for "Director" substitute "Roads
Corporation";
25
(b) for "the Director's" (where twice occurring)
substitute "its".
(5) In section 18B(1) of the Melbourne City Link
Act 1995, for "Secretary" substitute "Roads
Corporation".
30
8
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 3--Amendment of Melbourne City Link Act 1995
s. 6
6. New definitions inserted
In section 69 of the Melbourne City Link Act
1995 insert the following definitions--
Victorian Legislation Parliamentary Documents
' "taxi-cab" has the same meaning as in
section 86(1) of the Transport Act 1983;
5
"tollway" means a road or part of a road in
Australia in respect of which a toll or charge
for the use of that road or part of that road is
payable;
"tollway billing arrangement" means an
10
agreement or arrangement between a person
and a tollway operator relating to the
payment of tolls for the use of a vehicle in a
tollway;
"tollway operator" means a person, other than
15
the Link corporation or Extension
corporation, who--
(a) operates a tollway under a law of
another State or of a Territory, or under
an agreement between that person and
20
another State or a Territory; and
(b) is empowered or entitled, under that
law or agreement, to levy or impose a
toll or charge for the use of the
tollway;'.
25
7. Liability to pay toll
After section 72(4) of the Melbourne City Link
Act 1995 insert--
"(5) This section does not apply in respect of the
use in a toll zone of a vehicle covered by a
30
tollway billing arrangement.".
9
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 3--Amendment of Melbourne City Link Act 1995
s. 8
8. Offence to drive unregistered vehicle in toll zone
(1) In section 73(3) of the Melbourne City Link Act
1995 for "that the vehicle was registered under
this Part in respect of the relevant toll zone by the
Victorian Legislation Parliamentary Documents
relevant corporation." substitute--
5
"that the vehicle--
(a) was registered under this Part in respect of
the relevant toll zone by the relevant
corporation; or
(b) was covered by a tollway billing
10
arrangement.".
(2) In section 73(4A) of the Melbourne City Link
Act 1995--
(a) after "commenced" insert "against";
(b) for "issued, against" substitute "served, on".
15
(3) After section 73(6) of the Melbourne City Link
Act 1995 insert--
"(7) Sub-section (1) does not apply in respect of a
vehicle covered by a tollway billing
arrangement.".
20
9. Notification of non-payment of tolls by taxi-cab
drivers
In section 77(1)(b) of the Melbourne City Link
Act 1995, after "offence" insert--
"or, if that vehicle is a taxi-cab, on--
25
(i) the owner of the taxi-cab; or
(ii) the person whom the relevant corporation, or
a person authorised by the relevant
corporation for the purposes of this section,
believes, on the basis of a sworn statement in
30
writing or a statutory declaration supplied by
the owner of the taxi-cab, was driving the
taxi-cab at the time of the offence".
10
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 3--Amendment of Melbourne City Link Act 1995
s. 10
10. Power to serve a notice
In section 80(2)(b)(ii) of the Melbourne City
Link Act 1995, after "with" insert
"section 77(1)(b)(ii) or".
Victorian Legislation Parliamentary Documents
11. Withdrawal of notice
5
(1) In section 83(1) of the Melbourne City Link Act
1995, after "served" insert "(or, at the request of
the alleged offender, at any later time)".
(2) After section 83(2) of the Melbourne City Link
Act 1995 insert--
10
"(2A) Despite sub-section (1), an infringement
notice cannot be withdrawn under that sub-
section where the infringement penalty is
registered under Schedule 7 to the
Magistrates' Court Act 1989.".
15
12. Offences detected by prescribed tolling device
(1) For section 87(3)(a) of the Melbourne City Link
Act 1995 substitute--
"(a) before or within 28 days after the service on
the owner of a summons in respect of the
20
offence, the owner supplies to an
enforcement official in a sworn statement in
writing or in a statutory declaration the name
and address of the person who was driving
the vehicle at the relevant time; or".
25
(2) After section 87(3)(a) of the Melbourne City
Link Act 1995 insert--
"(aab) where an infringement notice was served on
the owner in respect of the offence, before
the infringement penalty is registered under
30
Schedule 7 to the Magistrates' Court Act
1989 the owner supplies to an enforcement
official in a sworn statement in writing or in
a statutory declaration the name and address
11
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 3--Amendment of Melbourne City Link Act 1995
s. 13
of the person who was driving the vehicle at
the relevant time; or".
(3) In section 87(3A)(b) of the Melbourne City Link
Act 1995 after "person" insert "or any other
Victorian Legislation Parliamentary Documents
enforcement officer".
5
(4) In section 87(4) and (5) of the Melbourne City
Link Act 1995 after "(3)(a)" insert ", (aab)".
(5) In section 87(5) of the Melbourne City Link Act
1995, after "(ab)" insert "or section 77(1)(b)(ii)".
(6) After section 87(5) of the Melbourne City Link
10
Act 1995 insert--
"(6) This section does not apply if the vehicle
driven in a toll zone contrary to section 73(1)
is a taxi-cab and an infringement notice is
served, in accordance with section
15
80(2)(b)(ii), on the person allegedly driving
the taxi-cab at the time of the offence and
that infringement notice--
(a) is not withdrawn; or
(b) is withdrawn and proceedings are taken
20
against that person.".
13. General evidentiary provisions
After section 89(4)(c) of the Melbourne City
Link Act 1995 insert--
"(ca) that a specified vehicle was, or was not,
25
covered by a tollway billing arrangement at a
specified time; or".
12
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 3--Amendment of Melbourne City Link Act 1995
s. 14
14. Disclosure to, and use by, tollway operator of
certain tolling information
For section 90A(3) of the Melbourne City Link
Act 1995 substitute--
Victorian Legislation Parliamentary Documents
"(3) In addition, a relevant agency may--
5
(a) disclose or use restricted tolling
information for the purpose of
performing its obligations, exercising
its rights or carrying out its functions
under this Act, the regulations, the
10
Transport Act 1983, the regulations
under that Act, the Agreement or the
Extension Agreement; or
(b) disclose to a tollway operator restricted
tolling information relating to--
15
(i) the date and time of use of a toll
zone by any vehicle; or
(ii) the toll payable for the use of a
toll zone by any vehicle; or
(iii) the licence plate number or
20
category of any vehicle using a
toll zone; or
(iv) any vehicle transponder carried in
any vehicle using a toll zone; or
(c) disclose to a tollway operator restricted
25
tolling information relating to--
(i) the licence plate number or
category of any vehicle registered
under this Part; or
(ii) any vehicle transponder issued in
30
respect of any vehicle registered
under this Part.
13
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 3--Amendment of Melbourne City Link Act 1995
s. 15
(3A) A tollway operator to whom restricted tolling
information is disclosed under sub-section
(3)(b) may use that information to do either
or both of the following--
Victorian Legislation Parliamentary Documents
(a) bill and charge a party to a tollway
5
billing arrangement for the use in a toll
zone of a vehicle covered by that
arrangement;
(b) enable the Link corporation or
Extension corporation to be credited
10
with the toll payable for such a use.
(3B) A tollway operator to whom restricted tolling
information is disclosed under sub-section
(3)(c) may use that information to be
credited with a payment by the Link
15
corporation or Extension corporation in
respect of the use in a tollway of a vehicle
registered under this Part.".
15. Disclosure and use of information for investigation
and enforcement of certain road safety laws
20
(1) Insert the following heading to section 90B of the
Melbourne City Link Act 1995--
"Disclosure and use of information for
enforcement of criminal law and certain road
safety laws".
25
(2) In section 90B(1) of the Melbourne City Link
Act 1995 insert the following definitions--
' "authorised Roads Corporation officer"
means an officer of the Roads Corporation
authorised under sub-section (1A);
30
14
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 3--Amendment of Melbourne City Link Act 1995
s. 15
"enforcement of a relevant road safety law"
means any activity in relation to--
(a) investigating whether an offence
against a relevant road safety law has
Victorian Legislation Parliamentary Documents
been committed;
5
(b) prosecuting an offence against a
relevant road safety law;
(c) detecting, or preventing, the
commission of an offence against a
relevant road safety law;
10
"relevant road safety law" means--
(a) section 64 of the Road Safety Act
1986; or
(b) section 65 of the Road Safety Act
1986; or
15
(c) rule 152(1) of the "Road Rules" within
the meaning of the Road Safety (Road
Rules) Regulations 1999; or
(d) regulation 222(6) of the Road Safety
(Vehicles) Regulations 1999; or
20
(e) regulation 802(1) of the Road Safety
(Vehicles) Regulations 1999; or
(f) regulation 808(1) of the Road Safety
(Vehicles) Regulations 1999; or
(g) regulation 809(1) of the Road Safety
25
(Vehicles) Regulations 1999;'.
15
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 3--Amendment of Melbourne City Link Act 1995
s. 15
(3) After section 90B(1) of the Melbourne City Link
Act 1995 insert--
"(1A) The Roads Corporation may, in writing,
authorise an officer of the Roads Corporation
Victorian Legislation Parliamentary Documents
to be an authorised Roads Corporation
5
officer for the purposes of this section.".
(4) For section 90B(2) of the Melbourne City Link
Act 1995 substitute--
"(2) A person to whom section 90A applies may
disclose restricted tolling information to a
10
member of the police force or an authorised
Roads Corporation officer if--
(a) an authorised police officer has
certified in writing that the disclosure is
reasonably necessary for the
15
enforcement of the criminal law or the
enforcement of a relevant road safety
law; or
(b) the Roads Corporation has certified in
writing that the disclosure is reasonably
20
necessary for the enforcement of a
relevant road safety law.".
(5) In section 90B(3) of the Melbourne City Link
Act 1995--
(a) after "force" insert "or an authorised Roads
25
Corporation officer";
(b) for "she or he" (where twice occurring)
substitute "the member or officer";
(c) after "the enforcement of the criminal law"
insert "or the enforcement of a relevant road
30
safety law".
16
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 3--Amendment of Melbourne City Link Act 1995
s. 16
16. New section 90CA inserted
After section 90C of the Melbourne City Link
Act 1995 insert--
Victorian Legislation Parliamentary Documents
"90CA. Records of disclosure and use by
authorised Roads Corporation officers
5
(1) The Roads Corporation must ensure that
there are created in relation to--
(a) certificates that are issued by the Roads
Corporation for the purposes of
section 90B; and
10
(b) the disclosure or use of restricted
tolling information by authorised Roads
Corporation officers within the
meaning of that section--
any records that are reasonably required by
15
the Ombudsman, after consultation with the
Roads Corporation, to enable the
Ombudsman to carry out the Ombudsman's
functions in relation to this Division.
(2) The Roads Corporation must also ensure--
20
(a) that the records--
(i) are created in the form and
manner, and within the time; and
(ii) are kept in the manner--
reasonably required by the Ombudsman
25
after consultation with the Roads
Corporation; and
(b) that any record created under this
section is retained in the records of the
Roads Corporation for a period of
30
2 years (or any other period specified
by the regulations for the purposes of
this section) after the date the record
was made.".
17
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 3--Amendment of Melbourne City Link Act 1995
s. 17
17. New section 121 inserted
After section 120 of the Melbourne City Link
Act 1995 insert--
Victorian Legislation Parliamentary Documents
"121. Transitional provision--Transport
Legislation (Miscellaneous Amendments)
5
Act 2004
(1) Any reference to the Director, Melbourne
City Link in any Act or in any proclamation,
Order in Council, rule, regulation, order,
agreement, instrument, deed or other
10
document whatsoever is, so far as it relates to
any period after the commencement of
section 5 of the Transport Legislation
(Miscellaneous Amendments) Act 2004
and if not inconsistent with the context or
15
subject-matter, to be construed as a reference
to the Roads Corporation.
(2) The amendments of section 83 made by
section 11 of the Transport Legislation
(Miscellaneous Amendments) Act 2004
20
applies to any infringement notice issued on
or after the commencement of that section of
that Act, irrespective of when the
infringement was committed.
(3) The amendments of section 87 made by
25
section 12(1) to (4) of the Transport
Legislation (Miscellaneous Amendments)
Act 2004 apply to offences alleged to have
been committed before, on or after the
commencement of section 12(1) to (4) of that
30
Act and irrespective of whether or not a
charge was filed or an infringement notice or
courtesy letter was served before that
commencement.".
__________________
18
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 4--Amendment of Public Transport Competition Act 1995
s. 18
See:
PART 4--AMENDMENT OF PUBLIC TRANSPORT
Act No.
COMPETITION ACT 1995 68/1995.
Reprint No. 1
as at
Victorian Legislation Parliamentary Documents
18. Definitions 22 October
1998 and
In section 3(1) of the Public Transport amending
Competition Act 1995--
5 Act Nos
6/1999,
(a) after the definition of "courtesy service" 45/1999,
62/2001 and
insert-- 34/2003.
LawToday:
' "disqualifying offence" means-- www.dms.
dpc.vic.
(a) any offence involving fraud, gov.au
dishonesty, drug trafficking or
10
violence which is punishable by
imprisonment for 3 months or
more; or
(b) an offence under Subdivision
(8A), (8B), (8C), (8D), (8E),
15
(8EA), (9), (9A) or (13) of
Division 1 of Part I of the Crimes
Act 1958 or under any
corresponding previous enactment
or an attempt to commit any such
20
offence or any assault with intent
to commit any such offence; or
(c) an offence against section 5, 13,
18(1) or 25 or any other offence
against this Act that is prescribed
25
for the purposes of this definition;
or
(d) an offence against the regulations
or any other law in force in
Victoria that is prescribed for the
30
purposes of this definition; or
(e) an offence which, if committed in
Victoria, would have been a
disqualifying offence;';
19
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 4--Amendment of Public Transport Competition Act 1995
s. 19
(b) in the definition of "road transport passenger
service", omit "and includes a regular
passenger service".
19. Giving or refusal of accreditation
Victorian Legislation Parliamentary Documents
After section 9(1) of the Public Transport
5
Competition Act 1995 insert--
"(2) Without limiting sub-section (1), the
Secretary may refuse to give an accreditation
if the applicant (or, in the case of an
applicant who is a body corporate, the body
10
corporate or any of its directors or a manager
nominated under section 7(2)(b)) has been
found guilty of a disqualifying offence or has
been charged with a disqualifying offence
and the charge has not been finally disposed
15
of.
(3) If before an application for accreditation is
determined, the applicant becomes aware of
a finding of guilt or charge that is relevant
for the purposes of sub-section (2) and
20
particulars of which have not previously
been given by the applicant to the Secretary
in, or in relation to, the application, the
applicant must immediately notify the
Secretary of the particulars of that finding or
25
charge.
Penalty: 10 penalty units.".
__________________
20
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 5--Amendment of Rail Corporations Act 1996
s. 20
See:
PART 5--AMENDMENT OF RAIL CORPORATIONS ACT
Act No.
1996 79/1996.
Reprint No. 3
as at
Victorian Legislation Parliamentary Documents
20. Definitions 15 July 2003
and
In section 3(1) of the Rail Corporations Act amending
1996--
5 Act No.
73/2003.
(a) the definitions of "metropolitan train LawToday:
www.dms.
operator" and "metropolitan tram operator" dpc.vic.
are repealed; gov.au
(b) after the definition of "public statutory body"
insert--
10
' "public transport service" means a
service--
(a) for the manufacture, production,
supply or issue of tickets, or the
supply and maintenance of a
15
ticketing system, for use by
passengers on a railway or
tramway;
(b) for the distribution of tickets
amongst train operators and tram
20
operators;
(c) for the collection of revenue from
ticket sales and the distribution of
that revenue amongst train
operators and tram operators;
25
(d) for the provision of information to
passengers or members of the
public relating to the operation of
a passenger service;
(e) for the marketing of passenger
30
services or other transport
services;
21
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 5--Amendment of Rail Corporations Act 1996
s. 21
(f) for the construction and supply of
rail infrastructure, train
infrastructure or rolling stock;
(g) for the maintenance of rail
Victorian Legislation Parliamentary Documents
infrastructure, tram infrastructure
5
or rolling stock;
(h) that is ancillary or incidental to the
provision of a passenger service or
other transport service including,
but not limited to, the provision of
10
financial accommodation in
connection with the acquisition of
rolling stock;';
(c) in the definition of "train operator"--
(i) for "Part 5 or another" substitute "a";
15
(ii) omit "that Part or";
(d) in the definition of "tram operator"--
(i) for "Part 5 or another" substitute "a";
(ii) omit "that Part or".
21. Civil penalty provisions
20
(1) In section 68(1) of the Rail Corporations Act
1996, after "passenger service" insert "or public
transport service".
(2) After section 68(3)(b) of the Rail Corporations
Act 1996 insert--
25
"(ba) a person who is a party to a contract with the
Secretary or the Director acting on behalf of
the Crown (whether entered into before or
after the commencement of section 21(2) of
the Transport Legislation (Miscellaneous
30
Amendments) Act 2004) for the provision
by that person of a public transport service;".
22
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 5--Amendment of Rail Corporations Act 1996
s. 22
22. Repeal of prohibited interest provisions
Part 5 of the Rail Corporations Act 1996 is
repealed.
Victorian Legislation Parliamentary Documents
__________________
23
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 6--Amendment of Road Safety Act 1986
s. 23
See:
PART 6--AMENDMENT OF ROAD SAFETY ACT 1986
Act No.
127/1986.
Reprint No. 7
as at Division 1--Registration Numbers and Number Plates
Victorian Legislation Parliamentary Documents
19 June 2002
and
23. Definitions
amending
Act Nos
In section 3(1) of the Road Safety Act 1986
19/1991,
54/2001,
insert the following definitions--
5 46/2002,
44/2003,
' "non-standard number plate" means a number
94/2003,
101/2003 and
plate that, at the time of issue, is not of the
111/2003.
design, size, colour or material of number
LawToday:
www.dms.
plates then generally issued on payment of
dpc.vic.
the basic fee prescribed for the issue of
10 gov.au
number plates;
"registration number rights" means the rights
set out in section 5AD;'.
24. Functions of Corporation
After section 5AA(c) of the Road Safety Act
15
1986 insert--
"(ca) to sell registration number rights, and issue
non-standard number plates and replacement
number plates, in accordance with section
5AC or 5AE (as the case requires) and the
20
regulations; and".
25. Powers of Corporation
After section 5AB(1)(g) of the Road Safety Act
1986 insert--
"(ga) collect money received on the sale of
25
registration number rights and the issue of
non-standard number plates and replacement
number plates; and".
24
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 6--Amendment of Road Safety Act 1986
s. 26
26. New sections 5AC and 5AD inserted
After section 5AB of the Road Safety Act 1986
insert--
Victorian Legislation Parliamentary Documents
"5AC. Sale of registration number rights
(1) The Corporation may, in accordance with the
5
regulations, sell (including at auction or by
inviting tenders) registration number rights.
(2) Subject to sub-section (3), registration
number rights may be sold to any person,
whether or not eligible to be the registered
10
operator of a vehicle.
(3) Registration number rights to a registration
number assigned to a vehicle may only be
sold--
(a) to the registered operator of the vehicle;
15
or
(b) to another person, with the consent of
that registered operator.
(4) The price at which registration number rights
may be sold may vary according to the
20
particular registration number or class of
registration number and is not required to be
related in any way to the cost to the
Corporation of providing any service.
5AD. What are registration number rights?
25
(1) The person who owns registration number
rights in respect of a particular registration
number has--
(a) the right to have that registration
number assigned to a vehicle registered
30
by the Corporation of which that person
is the registered operator or, with the
consent of that person, to any other
25
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 6--Amendment of Road Safety Act 1986
s. 26
vehicle registered by the Corporation;
and
(b) the right to be issued with 2 number
plates (of a type that, in the opinion of
Victorian Legislation Parliamentary Documents
the Corporation, is appropriate to that
5
registration number) bearing that
registration number; and
(c) the right to display number plates
bearing that registration number on any
vehicle to which that number is
10
assigned by the Corporation.
(2) The rights referred to in sub-section (1)--
(a) are exclusive to the owner of those
rights; and
(b) may be exercised at any time, whether
15
at the time of purchase of the
registration number rights or at any
later time; and
(c) may only be exercised subject to, and in
accordance with, this Act and the
20
regulations; and
(d) may be transferred to any other person,
or otherwise dealt with, by the owner of
those rights; and
(e) form part of the property of the estate
25
of the owner on his or her death; and
(f) are, by force of this paragraph,
cancelled on the expiry of the period of
12 months of the vehicle to which they
were last assigned continuing to be not
30
registered under Part 2 unless the owner
of those rights has before that expiry
notified the Corporation of their wish to
retain the registration number that is the
subject of those rights.
35
26
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 6--Amendment of Road Safety Act 1986
s. 26
(3) Subject to this Act and the regulations, the
Corporation must take all necessary steps to
give effect to the exercise of any right
referred to in sub-section (1).
Victorian Legislation Parliamentary Documents
(4) If--
5
(a) a vehicle is sold (whether before, on or
after the commencement of Division 1
of Part 6 of the Transport Legislation
(Miscellaneous Amendments) Act
2004) together with a number plate
10
issued by the Corporation displayed on
it; and
(b) that number plate bears the registration
number assigned to the vehicle at the
time of the sale; and
15
(c) that registration number is at the time
of the sale the subject of registration
number rights--
it must be presumed for all purposes, in the
absence of evidence to the contrary, that the
20
person who acquires the vehicle also
acquires the registration number rights in
respect of that registration number.
(5) The Corporation must not assign to a
vehicle, or issue a number plate bearing, a
25
registration number that is the subject of
registration number rights except on an
application made by, or with the consent of,
that owner.
(6) A number plate issued by the Corporation
30
bearing a registration number that is the
subject of registration number rights owned
by a person remains the property of the State
despite the separate ownership of the
registration number rights.
35
27
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 6--Amendment of Road Safety Act 1986
s. 27
5AE. Non-standard number plates and
replacement number plates
(1) The Corporation may, in accordance with the
regulations, issue non-standard number
Victorian Legislation Parliamentary Documents
plates or replacement number plates for a fee
5
fixed by the Corporation or determined at
auction or by inviting tenders.
(2) Despite anything to the contrary in this Act,
a fee fixed for the issue of a non-standard
number plate or a replacement number plate
10
may vary according to the design, size,
colour or material of the particular number
plate or class of number plate and is not
required to be related in any way to the cost
to the Corporation of providing any
15
service.".
27. General evidentiary provisions
(1) After section 84(4B) of the Road Safety Act 1986
insert--
"(4C) A certificate purporting to be issued by the
20
Corporation certifying that on a particular
date--
(a) a particular registration number was the
subject of registration number rights; or
(b) a particular person was the owner of
25
registration number rights in respect of
a particular registration number--
is admissible in evidence in any proceedings
and, in the absence of evidence to the
contrary, is proof of the matters stated in it.".
30
(2) In section 84(5) of the Road Safety Act 1986, for
"number-plates" substitute "number plates".
28
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Act No.
Part 6--Amendment of Road Safety Act 1986
s. 28
28. Charges relating to assignment of registration
numbers
(1) In section 97A(2) of the Road Safety Act 1986,
after "sub-section (1)" insert "(other than a
Victorian Legislation Parliamentary Documents
service provided in connection with the
5
assignment of registration numbers)".
(2) After section 97A(2) of the Road Safety Act
1986 insert--
"(3) Nothing in this section limits section 5AC(4)
or 5AE(2).".
10
29. Subject-matter for regulations
(1) In item 15 of Schedule 2 to the Road Safety Act
1986--
(a) omit "number plates,";
(b) omit "; the circumstances in which number
15
plates must be returned and the procedures
for doing this".
(2) After item 15 of Schedule 2 to the Road Safety
Act 1986 insert--
20 "15A. The issue of number plates; the circumstances in
which they may be issued; the authorising of agents to
issue them on behalf of the Corporation and the issue
of replacement number plates.
15B. The conditions on which number plates may be used
25 or possessed and the circumstances in which, and
conditions on which, the right to use or possess them
may be transferred to another person.
15C. Requirements to notify the Corporation about the use
or possession of number plates or the transfer of the
30 right to use or possess those number plates (such as
when they are installed or displayed on a motor
vehicle or transferred to another motor vehicle or
person) and requirements to return other number
plates that are removed from a motor vehicle.
29
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Act No.
Part 6--Amendment of Road Safety Act 1986
s. 30
15D. The circumstances in which number plates must be
returned to the Corporation, the procedures for doing
so and the compensation (if any) payable on their
return.
Victorian Legislation Parliamentary Documents
5 15E. The sale of registration number rights; the
circumstances in which, and conditions subject to
which, they may be sold; the authorising of agents to
sell them on behalf of the Corporation.
15F. The circumstances in which, and conditions subject to
10 which, the ownership of registration number rights
may be transferred to another person and
requirements to notify the Corporation about such a
transfer of ownership.
15G. The circumstances in which registration number rights
15 may be cancelled, the procedures for doing so and the
compensation (if any) payable on that cancellation.".
30. New sections 103E and 103F inserted
After section 103D of the Road Safety Act 1986
insert--
'103E. Validation of sale of registration number
20
rights and collection of certain amounts
(1) In this section "commencement day"
means the day on which Division 1 of Part 6
of the Transport Legislation
(Miscellaneous Amendments) Act 2004
25
comes into operation.
(2) The sale before the commencement day of
registration number rights in respect of a
registration number that would have been
valid and lawful had it occurred after that
30
day--
(a) is taken to be, and to have always been,
valid and lawful; and
(b) is taken to have conferred on the person
to whom the registration number rights
35
were sold the same rights that the
30
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Act No.
Part 6--Amendment of Road Safety Act 1986
s. 30
person would have had if they had been
sold after that day.
(3) It must be presumed for all purposes that
registration number rights sold before the
Victorian Legislation Parliamentary Documents
commencement day were cancelled on the
5
expiry of the period of 12 months of the
vehicle to which they were last assigned
continuing to be not registered under Part 2,
unless the owner of those rights had before
that expiry notified the Corporation of their
10
wish to retain the registration number that
was the subject of those rights.
(4) It must be presumed for all purposes, in the
absence of evidence to the contrary, that the
person to whom a number plate was issued
15
by the Corporation before 1 September 2002,
being a number plate bearing a registration
number in respect of which registration
number rights were sold by the Corporation
before that date, was the person to whom
20
those registration number rights were sold by
the Corporation.
(5) The transfer to a person, before the
commencement day, of registration number
rights that would have been valid and lawful
25
had the transfer occurred after that day--
(a) is taken to be, and to have always been,
valid and lawful; and
(b) is taken to have conferred on the person
the same rights that the person would
30
have had if the transfer had occurred
after that day.
(6) The payment before the commencement day
of a fee, or an amount at auction or by
tender, for the purchase of registration
35
number rights that would have been valid
31
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Act No.
Part 6--Amendment of Road Safety Act 1986
s. 30
and lawful had the payment been made after
that day is taken to be, and to have always
been, valid and lawful.
(7) A fee or amount charged and collected
Victorian Legislation Parliamentary Documents
before the commencement day for the
5
assignment to a vehicle of a registration
number that at the time of the sale formed
part of a general issue series (being a
particular registration number requested by,
or on behalf of, the payer of that fee or
10
amount) must be taken to be, and to have
always been, validly and lawfully charged
and collected even if it exceeded the cost to
the Corporation of assigning that registration
number.
15
(8) It must be presumed for all purposes, in the
absence of evidence to the contrary, that the
assignment of a registration number to a
vehicle before the commencement day in the
circumstances described in sub-section (7)
20
did not result in the sale of registration
number rights in respect of that registration
number or confer on any person any such
rights.
(9) A fee or amount charged and collected
25
before the commencement day for the
assignment to a vehicle of a registration
number that then was or had been the
registration number of another vehicle that
would have been validly and lawfully
30
charged and collected had the other vehicle
been then or at some earlier time registered
in the name of the payer of that fee or
amount must be taken to be, and to have
always been, validly and lawfully charged
35
and collected.
32
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Act No.
Part 6--Amendment of Road Safety Act 1986
s. 31
(10) A fee or amount charged and collected
before the commencement day for the issue
of non-standard number plates or
replacement non-standard number plates
Victorian Legislation Parliamentary Documents
must be taken to be, and to have always
5
been, validly and lawfully charged and
collected even if it exceeded the cost to the
Corporation of issuing those number plates.
103F. Regulations may take effect on
commencement
10
Regulations made under section 95 for or in
respect of the matters in items 15A to 15G of
Schedule 2 may take effect from the day on
which Division 1 of Part 6 of the Transport
Legislation (Miscellaneous Amendments)
15
Act 2004 commences (whether or not the
regulations are made after that day).'.
Division 2--Alcohol Interlock Conditions
31. Direction to impose alcohol interlock condition
(1) In section 50AAA(3) of the Road Safety Act
20
1986, for "If" substitute "Subject to sub-section
(3A), if".
(2) After section 50AAA(3) of the Road Safety Act
1986 insert--
"(3A) Despite sub-section (3), if--
25
(a) the offence was not a first offence or, in
the case of an offence under section
49(1)(b), (f) or (g), the concentration of
alcohol--
(i) in the person's blood at the
30
relevant time was 015 grams or
more per 100 millilitres of blood;
or
33
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 6--Amendment of Road Safety Act 1986
s. 32
(ii) in the person's breath at the
relevant time was 015 grams or
more per 210 litres of exhaled
air--
Victorian Legislation Parliamentary Documents
as the case requires; and
5
(b) the person was disqualified under
section 50 from obtaining a driver
licence or permit on or before the
commencement of section 10 of the
Road Safety (Alcohol Interlocks) Act
10
2002--
sub-section (3)(a) has no application to the
offence and, on making the order, the court
may direct the Corporation that it can only
grant the person a driver licence or permit
15
that is subject to a 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
20
such a supplier.".
32. Police to be notified of application for the removal
of an alcohol interlock condition
In section 50AAB(4) of the Road Safety Act
1986, after "the person" insert "made at the end of
25
the specified period and on giving 28 days written
notice of the application and of the venue of the
Court at which it is to be made to the Chief
Commissioner of Police".
34
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Act No.
Part 6--Amendment of Road Safety Act 1986
s. 33
33. Amendment of transitional provision
(1) For section 103B(1) of the Road Safety Act 1986
substitute--
Victorian Legislation Parliamentary Documents
"(1) Subject to sub-section (1A), on and from the
commencement of Division 2 of Part 6 of the
5
Transport Legislation (Miscellaneous
Amendments) Act 2004, section 50AAA
applies to offences, irrespective of when they
were committed including (for the avoidance
of doubt) whether they were committed
10
before, on or after the commencement of
section 10 of the Road Safety (Alcohol
Interlocks) Act 2002.".
(2) After section 103B(1) of the Road Safety Act
1986 insert--
15
"(1A) The application of section 50AAA to an
offence continues as provided by sub-section
(1), as in force immediately before the
commencement of Division 2 of Part 6 of the
Transport Legislation (Miscellaneous
20
Amendments) Act 2004 for the purposes of
any application under section 50(4) for an
order as to the issue of a driver licence or
permit made before that commencement.
(1B) The amendment of section 50AAB(4) made
25
by section 32 of the Transport Legislation
(Miscellaneous Amendments) Act 2004 has
effect only with respect to applications made
for the removal of an alcohol interlock
condition more than 28 days after the
30
commencement of Division 2 of Part 6 of
that Act.".
35
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Act No.
Part 6--Amendment of Road Safety Act 1986
s. 34
Division 3--Other Amendments
34. Alcohol/drug offences involving a refusal to comply
with a requirement
Victorian Legislation Parliamentary Documents
After section 49(1) of the Road Safety Act 1986
insert--
5
"(1A) A person may be convicted or found guilty
of an offence under paragraph (c), (ca), (e)
or (ea) of sub-section (1) even if--
(a) in the case of an offence under
paragraph (c), a prescribed device was
10
not presented to the person at the time
of the making of the requirement; and
(b) in the case of an offence under
paragraph (ca)--
(i) a requirement to undergo an
15
assessment of drug impairment
was not made at a place where
such an assessment could have
been carried out; and
(ii) a member of the police force
20
authorised to carry out an
assessment of drug impairment
was not present at the place where
the requirement was made at the
time it was made; and
25
(c) in the case of an offence under
paragraph (e)--
(i) a breath analysing instrument was
not available at the place or
vehicle where the requirement was
30
made at the time it was made; and
36
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Act No.
Part 6--Amendment of Road Safety Act 1986
s. 34
(ii) a person authorised to operate a
breath analysing instrument was
not present at the place where the
requirement was made at the time
Victorian Legislation Parliamentary Documents
it was made; and
5
(iii) the person requiring a sample of
blood had not nominated a
registered medical practitioner or
approved health professional to
take the sample; and
10
(iv) a registered medical practitioner
or approved health professional
was not present at the place where
the requirement was made at the
time it was made; and
15
(d) in the case of an offence under
paragraph (ea)--
(i) the member of the police force
requiring a sample of blood had
not nominated a registered
20
medical practitioner or approved
health professional to take the
sample; and
(ii) the member of the police force
requiring a sample of urine had
25
not nominated a registered
medical practitioner or approved
health professional to whom the
sample was to be furnished for
analysis; and
30
(iii) a registered medical practitioner
or approved health professional
was not present at the place where
the requirement was made at the
time it was made.
35
37
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Act No.
Part 6--Amendment of Road Safety Act 1986
s. 35
(1B) To avoid doubt, in proceedings for an
offence under paragraph (e) of sub-section
(1) a state of affairs or circumstance referred
to in sub-section (1A)(c)(i) or (ii) is not a
Victorian Legislation Parliamentary Documents
reason of a substantial character for a refusal
5
for the purposes of section 55(9).".
35. "Owner onus" offences
(1) For section 66(3)(a) of the Road Safety Act 1986
substitute--
"(a) before or within 28 days after the service on
10
the owner of a summons in respect of the
offence, the owner supplies to an
enforcement official in a sworn statement in
writing or in a statutory declaration the name
and address of the person who was driving
15
the motor vehicle or trailer at the relevant
time; or".
(2) After section 66(3)(a) of the Road Safety Act
1986 insert--
"(aab) where a traffic infringement notice was
20
served on the owner in respect of the
offence, before the infringement penalty is
registered under Schedule 7 to the
Magistrates' Court Act 1989 the owner
supplies to an enforcement official in a
25
sworn statement in writing or in a statutory
declaration the name and address of the
person who was driving the motor vehicle or
trailer at the relevant time; or".
(3) In section 66(3AA) of the Road Safety Act 1986,
30
after paragraph (b) insert--
"(ba) a person who is appointed by the Chief
Commissioner of Police for the purposes of
Part 7; or".
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 6--Amendment of Road Safety Act 1986
s. 35
(4) In section 66(3A) and (4) of the Road Safety Act
1986 after "(3)(a)" insert ", (aab)".
(5) For section 86(3)(a) of the Road Safety Act 1986
substitute--
Victorian Legislation Parliamentary Documents
"(a) before or within 28 days after the service on
5
the owner of a summons in respect of the
parking infringement concerned, the owner
supplies to an enforcement official in a
sworn statement in writing or in a statutory
declaration the name and address of the
10
person who was in charge of the vehicle at
the relevant time; or".
(6) After section 86(3)(a) of the Road Safety Act
1986 insert--
"(aab) where a courtesy letter under Schedule 7 to
15
the Magistrates' Court Act 1989 was
served on the owner in respect of the parking
infringement concerned, before the
infringement penalty is registered under that
Schedule the owner supplies to an
20
enforcement official in a sworn statement in
writing or in a statutory declaration the name
and address of the person who was in charge
of the vehicle at the relevant time; or".
(7) In section 86(4) of the Road Safety Act 1986,
25
after paragraph (b) insert--
"(ba) a person who is appointed by the Chief
Commissioner of Police for the purposes of
Part 7; or".
(8) In section 86(4A) and (5) of the Road Safety Act
30
1986 after "(3)(a)" insert ", (aab)".
39
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 6--Amendment of Road Safety Act 1986
s. 36
36. Withdrawal of infringement notice
(1) In section 88(3) of the Road Safety Act 1986,
after "the notice" insert "(or, at the request of the
person on whom the notice was served, at any
Victorian Legislation Parliamentary Documents
later time)".
5
(2) After section 88(3) of the Road Safety Act 1986
insert--
"(3AA) Despite sub-section (3), a traffic
infringement notice cannot be withdrawn
under that sub-section where the
10
infringement penalty is registered under
Schedule 7 to the Magistrates' Court Act
1989.".
37. Delegation
(1) For section 91(1) of the Road Safety Act 1986
15
substitute--
"(1) The Corporation may by instrument under its
official seal--
(a) delegate to an officer of the
Corporation any power of the
20
Corporation under this Act or the
regulations, including this power of
delegation;
(b) delegate to any other person by name or
to the holder of any other office or
25
position (including a person who is an
officer of the Transport Accident
Commission) any power of the
Corporation under this Act or the
regulations, other than this power of
30
delegation.
40
551148B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 6--Amendment of Road Safety Act 1986
s. 38
(1A) If--
(a) a power is delegated under sub-section
(1)(a) to an officer of the Corporation;
and
Victorian Legislation Parliamentary Documents
(b) the instrument of delegation authorises
5
the sub-delegation of the power--
then, subject to any conditions to which the
delegation is subject, the delegate may sub-
delegate the power to any other person or to
the holder of any other office or position but
10
may not sub-delegate a power of delegation.
(1B) Sections 42 and 42A of the Interpretation
of Legislation Act 1984 apply to a sub-
delegation authorised by this section in the
same way as they apply to a delegation.".
15
(2) In section 91(2) of the Road Safety Act 1986 for
"sub-section (1)" substitute "this section".
38. Repeal of references to repealed Commonwealth Act
Sections 96A(2) and 96A(4) of the Road Safety
Act 1986 are repealed.
20
39. New section 103G inserted
Before section 104 of the Road Safety Act 1986
insert--
"103G. Transitional provision--Transport
Legislation (Miscellaneous Amendments)
25
Act 2004
(1) The amendments of section 49 of this Act
made by section 34 of the Transport
Legislation (Miscellaneous Amendments)
Act 2004 do not affect the rights of the
30
parties in the proceeding known as
Halepovic v Sangston (No. 6401 of 2003) in
the Supreme Court of Victoria.
41
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 6--Amendment of Road Safety Act 1986
s. 40
(2) The amendments of sections 66 and 86 of
this Act made by section 35 of the
Transport Legislation (Miscellaneous
Amendments) Act 2004 apply to offences
Victorian Legislation Parliamentary Documents
alleged to have been committed before, on or
5
after the commencement of that section of
that Act and irrespective of whether or not a
charge was filed or a traffic infringement
notice, parking infringement notice or
courtesy letter was served before that
10
commencement.
(3) The amendments of section 88 made by
section 36 of the Transport Legislation
(Miscellaneous Amendments) Act 2004
applies to any traffic infringement notice
15
issued on or after the commencement of that
section of that Act, irrespective of when the
infringement was committed.".
40. Consequential amendments to Magistrates' Court
Act 1989
20
In clause 14(2) of Schedule 7 to the Magistrates'
Court Act 1989--
(a) in paragraph (b)(ii), after "86(3)(a)" insert
", (aab)";
(b) in paragraph (c)(ii), after "66(3)(a)" insert
25
", (aab)";
(c) in paragraph (d)(ii), after "87(3)(a)" insert
", (aab)".
__________________
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551148B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 7--Amendment of Road Safety (Drug Driving) Act 2003
s. 41
See:
PART 7--AMENDMENT OF ROAD SAFETY (DRUG
Act No.
DRIVING) ACT 2003 111/2003.
Statute Book:
www.dms.
Victorian Legislation Parliamentary Documents
41. Penalty for new offence involving drugs dpc.vic.
gov.au
(1) After section 7(4) of the Road Safety (Drug
Driving) Act 2003 insert--
5
'(4A) In section 49(1A) of the Principal Act--
(a) for "or (ea)" substitute ", (ea) or (eb)"; and
(b) in paragraph (d)(ii), for "made." substitute
"made; and";
(c) after paragraph (d) insert--
10
"(e) in the case of an offence under
paragraph (eb)--
(i) a prescribed device was not
presented to the person at the time
of the making of the requirement;
15
and
(ii) a prescribed device was not
available at the place or vehicle
where the requirement was made
at the time it was made; and
20
(iii) a person authorised to carry out
the prescribed procedure for the
provision of a sample of oral fluid
was not present at the place where
the requirement was made at the
25
time it was made; and
(iv) the person requiring a sample of
blood had not nominated a
registered medical practitioner or
approved health professional to
30
take the sample; and
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 7--Amendment of Road Safety (Drug Driving) Act 2003
s. 41
(v) a registered medical practitioner
or approved health professional
was not present at the place where
the requirement was made at the
Victorian Legislation Parliamentary Documents
time it was made.".
5
(4B) After section 49(1B) of the Principal Act insert--
"(1C) To avoid doubt, in proceedings for an
offence under paragraph (eb) of sub-section
(1) a state of affairs or circumstance referred
to in sub-section (1A)(e)(i), (ii) or (iii) is not
10
a reason of a substantial character for a
refusal for the purposes of section
55E(12).".'.
(2) In section 7(5) of the Road Safety (Drug
Driving) Act 2003, in the proposed new sub-
15
section (3AAA) of section 49 of the Road Safety
Act 1986, after "(bb)," insert "(eb),".
(3) In section 8(1) of the Road Safety (Drug
Driving) Act 2003, before the proposed new sub-
section (1E) of section 50 of the Road Safety Act
20
1986 insert--
' "(1DA) On convicting a person, or finding a person
guilty of an offence under section 49(1)(eb),
the court must, if the offender holds a driver
licence or permit, cancel that licence or
25
permit and, whether or not the offender holds
a driver licence or permit, disqualify the
offender from obtaining one for such period
as the court thinks fit, not being less than--
(a) in the case of a first offence, 3 months;
30
and
(b) in the case of a subsequent offence,
6 months.'.
(4) In section 8(1) of the Road Safety (Drug
Driving) Act 2003, for ' "(1E)' substitute "(1E)".
35
__________________
44
551148B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 8--Amendment of Road Transport (Dangerous Goods) Act 1995
s. 42
See:
PART 8--AMENDMENT OF ROAD TRANSPORT
Act No.
(DANGEROUS GOODS) ACT 1995 84/1995.
Reprint No. 2
as at
Victorian Legislation Parliamentary Documents
42. Updating of reference to Commonwealth Act 6 January
2000.
In section 10 of the Road Transport (Dangerous LawToday:
Goods) Act 1995, for "National Road Transport
5 www.dms.
dpc.vic.
Commission Act 1991" substitute "National gov.au
Transport Commission Act 2003".
__________________
45
551148B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 9--Amendment of Sentencing Act 1991
s. 43
See: PART 9--AMENDMENT OF SENTENCING ACT 1991
Act No.
49/1991.
43. Direction to impose alcohol interlock condition
Reprint No. 7
as at
Victorian Legislation Parliamentary Documents
(1) In section 89A(3) of the Sentencing Act 1991, for
1 January
2004 and
"If" substitute "Subject to sub-section (4), if".
amending
Act Nos
(2) After section 89A(3) of the Sentencing Act 1991
5 2/2002,
insert--
13/2003 and
53/2003.
LawToday:
"(4) Despite sub-section (3), if--
www.dms.
dpc.vic.
(a) the offence was not a first offence; and
gov.au
(b) the person was disqualified under
section 89 from obtaining a driver
10
licence on or before the commencement
of section 14 of the Road Safety
(Alcohol Interlocks) Act 2002--
sub-section (3)(a) has no application to the
offence and, on making the order, the court
15
may direct the Roads Corporation that it can
only grant the person a driver licence that is
subject to a condition that the person must
only drive a motor vehicle with an approved
alcohol interlock installed and maintained by
20
an approved alcohol interlock supplier or
a person or body authorised by such a
supplier.".
44. Police to be notified of application for the removal
of an alcohol interlock condition
25
In section 89B(3) of the Sentencing Act 1991, for
"court orders, on the application of the person"
substitute "Magistrates' Court orders, on the
application of the person made at the end of the
specified period and on giving 28 days written
30
notice of the application and of the venue of the
Court at which it is to be made to the Chief
Commissioner of Police".
46
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 9--Amendment of Sentencing Act 1991
s. 45
45. Amendment of transitional provision
(1) For section 126B(1) of the Sentencing Act 1991
substitute--
Victorian Legislation Parliamentary Documents
"(1) Subject to sub-section (1A), on and from the
commencement of Part 9 of the Transport
5
Legislation (Miscellaneous Amendments)
Act 2004, section 89A applies to offences,
irrespective of when they were committed
including (for the avoidance of doubt)
whether they were committed before, on or
10
after the commencement of section 14 of the
Road Safety (Alcohol Interlocks) Act
2002.".
(2) After section 126B(1) of the Sentencing Act 1991
insert--
15
"(1A) The application of section 89A to an offence
continues as provided by sub-section (1), as
in force immediately before the
commencement of Part 9 of the Transport
Legislation (Miscellaneous Amendments)
20
Act 2004 for the purposes of any application
under section 89(2) for an order as to the
issue of a driver licence made before that
commencement.
(1B) The amendment of section 80B(3) made by
25
section 44 of the Transport Legislation
(Miscellaneous Amendments) Act 2004 has
effect only with respect to applications made
for the removal of an alcohol interlock
condition more than 28 days after the
30
commencement of Part 9 of that Act.".
__________________
47
551148B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 10--Amendment of Transport Act 1983
s. 46
See: PART 10--AMENDMENT OF TRANSPORT ACT 1983
Act No.
9921.
46. Delegations for the grant of driving instructor
Reprint No. 9
as at
Victorian Legislation Parliamentary Documents
authorities
15 July 2003
and
In section 32(1A) of the Transport Act 1983, for
amending
"other than a power under section 5, 6 or 6A"
5 Act Nos
54/2002,
substitute "or under section 33 of the Road
23/2003,
Safety Act 1986, other than a power under
59/2003,
69/2003,
section 5, 6 or 6A of this Act".
94/2003 and
101/2003.
47. Alcohol/drug offences involving a refusal to comply
LawToday:
www.dms. with a requirement
10 dpc.vic.
gov.au
After section 94(1) of the Transport Act 1983
insert--
"(1A) A worker may be convicted or found guilty
of an offence under paragraph (b), (ba), (c)
or (ca) of sub-section (1) even if--
15
(a) in the case of an offence under
paragraph (b), a prescribed device was
not presented to the worker at the time
of the making of the requirement; and
(b) in the case of an offence under
20
paragraph (ba)--
(i) a requirement to undergo an
assessment of drug impairment
was not made at a place where
such an assessment could have
25
been carried out; and
(ii) a person authorised to carry out an
assessment of drug impairment
was not present at the place where
the requirement was made at the
30
time it was made; and
48
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 10--Amendment of Transport Act 1983
s. 47
(c) in the case of an offence under
paragraph (c)--
(i) a breath analysing instrument was
not available at the place where
Victorian Legislation Parliamentary Documents
the requirement was made at the
5
time it was made; and
(ii) a person authorised to operate a
breath analysing instrument was
not present at the place where the
requirement was made at the time
10
it was made; and
(iii) the person requiring a sample of
blood had not nominated a
registered medical practitioner or
approved health professional to
15
take the sample; and
(iv) a registered medical practitioner
or approved health professional
was not present at the place where
the requirement was made at the
20
time it was made; and
(d) in the case of an offence under
paragraph (ca)--
(i) the person requiring a sample of
blood had not nominated a
25
registered medical practitioner or
approved health professional to
take the sample; and
(ii) the person requiring a sample of
urine had not nominated a
30
registered medical practitioner or
approved health professional to
whom the sample was to be
furnished for analysis; and
49
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Part 10--Amendment of Transport Act 1983
s. 48
(iii) a registered medical practitioner
or approved health professional
was not present at the place where
the requirement was made at the
Victorian Legislation Parliamentary Documents
time it was made.
5
(1B) To avoid doubt, in proceedings for an
offence under paragraph (c) of sub-section
(1) a state of affairs or circumstance referred
to in sub-section (1A)(c)(i) or (ii) is not a
reason of a substantial character for a refusal
10
for the purposes of section 96(7).".
48. Regulations concerning railway safety work
After section 129X(2)(b) of the Transport Act
1983 insert--
"(ba) requiring accredited managers of rail
15
infrastructure, and accredited providers and
operators of rolling stock, to ensure that
persons employed or engaged by them who
carry out railway safety work are fit to do so;
(bb) the testing, assessment and monitoring of
20
persons employed or engaged in railway
safety work to ensure that those persons are
fit to carry out that work;".
50
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Transport Legislation (Miscellaneous Amendments) Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
51
551148B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
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