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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Transport (Highway Rule) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Insertion of new Part IIA in the Transport Act 1983 2
PART IIA--RESTRICTION ON LIABILITY OF
PUBLIC AUTHORITIES WITH THE FUNCTIONS
OF HIGHWAY AUTHORITIES 2
37A. Restriction on liability of public authorities with the
functions of highway authorities 2
4. Insertion of new sections 254A and 254B 4
254A. Repeal of Part IIA 4
254B. Transitional provision--Effect of repeal of Part IIA 4
5. Insertion of new section 255F 4
255F. Supreme Court--limitation of jurisdiction 4
ENDNOTES 5
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541342B.A1-30/10/2002 BILL LA AS SENT 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 9 October 2002
As amended by Assembly 29 October 2002
A BILL
to amend the Transport Act 1983 and for other purposes.
Transport (Highway Rule) Act 2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Transport Act 1983 to make further provision for
certain of the protections and immunities that a
5 highway authority was considered to have at law
before the judgment of the High Court of
Australia in the cases of Brodie v Singleton Shire
Council, Case number S44/1999 and Ghantous v
Hawkesbury City Council, Case number
10 S69/1999.
1
541342B.A1-30/10/2002 BILL LA AS SENT 25-10-2004
Transport (Highway Rule) Act 2002
s. 2
Act No.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on the day after the day on which it
receives the Royal Assent.
5 (2) Section 4 comes into operation on 1 January 2005.
See:
3. Insertion of new Part IIA in the Transport Act 1983 Act No.
9921.
After Part II of the Transport Act 1983 insert-- Reprint No. 8
as at
13 June 2002
'PART IIA--RESTRICTION ON LIABILITY OF
and
PUBLIC AUTHORITIES WITH THE amending
10 FUNCTIONS OF HIGHWAY AUTHORITIES Act Nos
81/2000,
54/2001 (as
37A. Restriction on liability of public authorities amended by
No. 32/2002),
with the functions of highway authorities
94/2001,
32/2002,
(1) A public authority is not liable in any civil 35/2002 and
proceeding for any failure by that public 37/2002..
LawToday:
15 authority, in relation to any function it has as www.dms.
a highway authority-- dpc.vic.
gov.au
(a) to repair the highway or to keep the
highway in repair; or
(b) to inspect the highway for the purpose
20 of determining the need to repair the
highway or to keep the highway in
repair.
(2) For the avoidance of doubt, in sub-section
(1)--
25 "highway" includes any land dedicated to
the public for use as a highway but does
not include any structure that does not
form part of the highway;
"public authority" includes the
30 following--
(a) the Roads Corporation;
2
541342B.A1-30/10/2002 BILL LA AS SENT 25-10-2004
Transport (Highway Rule) Act 2002
s. 3
Act No.
(b) each Council, within the meaning
of the Local Government Act
1989;
(c) the Authority, within the meaning
5 of the Docklands Authority Act
1991;
(d) Parks Victoria, established under
the Parks Victoria Act 1998;
(e) the State and any person or body
10 acting on behalf of the State,
responsible for the management or
control of roads on Crown land;
(f) the Link corporation, the
Extension corporation, the Link
15 operator, the Extension operator
and the lessees, within the
meaning of the Melbourne City
Link Act 1995--
but does not include any other person
20 or body that is not a public authority,
within the meaning of the Public
Sector Management and
Employment Act 1998.
(3) This section applies to any cause of action,
25 whether arising before, on or after the
commencement of section 3 of the
Transport (Highway Rule) Act 2002.
(4) Despite sub-section (3), this section is to be
taken not to affect any proceeding brought
30 on or before 10 October 2002, whether or not
that proceeding has been completed on or
before that date.'.
3
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Transport (Highway Rule) Act 2002
s. 4
Act No.
4. Insertion of new sections 254A and 254B
After section 254 of the Transport Act 1983
insert--
"254A. Repeal of Part IIA
5 Part IIA is repealed.
254B. Transitional provision--Effect of repeal of
Part IIA
Despite the commencement of section 4 of
the Transport (Highway Rule) Act 2002
10 and without limiting the Interpretation of
Legislation Act 1984, Part IIA, as in force
before the commencement of that section,
continues to apply to any cause of action
arising before that commencement.".
15 5. Insertion of new section 255F
After section 255E of the Transport Act 1983
insert--
"255F. Supreme Court--limitation of jurisdiction
It is the intention of section 37A to alter or
20 vary section 85 of the Constitution Act
1975.".
4
541342B.A1-30/10/2002 BILL LA AS SENT 25-10-2004
Transport (Highway Rule) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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541342B.A1-30/10/2002 BILL LA AS SENT 25-10-2004
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