Victorian Consolidated Legislation

Melbourne City Link Act 1995 - SECT 15

Variation of the Agreement2, 3

15. Variation of the Agreement2, 3



(1) Any 2 or more of the persons who are parties to the Agreement, or any part
of it, may, from time to time, by agreement in writing and, if the State is
not one of those persons, with the consent of the Minister, vary all or any of
the provisions of the Agreement that affect those persons.

(1A) All or any of the provisions of the Agreement may be varied from time to
time in accordance with the terms of the Agreement.

(1AAA) The Agreement is varied in accordance with the terms of the Integration
and Facilitation Agreement and, if there is any variation of the Integration
and Facilitation Agreement, in accordance with the terms of that variation,
and the following subsections of this section do not apply to any such
variation.

(1AA) A power under this section to vary the provisions of the Agreement
extends to any agreement or variation necessary or convenient for purposes
related to the implementation of the Exhibition Street Extension Project or
the integration of that Project with the Project within the meaning of section
6.

(1B) The Minister must cause to be published in the Government Gazette a
notice of an agreement under subsection (1) or a variation under subsection
(1A), specifying the place or places at which a person may inspect the
agreement or a statement of the variation.

(1C) An agreement or variation under subsection (1) or (1A) comes into
operation-

   (a)  when the notice under subsection (1B) is published in the Government
        Gazette; or

   (b)  if a later day is specified in the agreement or in the statement of
        the variation, on that later day.





(2) The Minister must cause a copy of each agreement under subsection (1) and
a statement of each variation under subsection (1A) as published under
subsection (1B) to be laid before each House of the Parliament within 6
sitting days of the House next following the making of the agreement or
variation.

(2A) The Minister must cause a copy of each agreement under subsection (1) and
a statement of each variation under subsection (1A) as published under
subsection (1B) to be sent to the Government Printer as soon as practicable
after the making of the agreement or variation.

(3) An agreement or variation referred to in subsection (1) or (1A) may be
revoked wholly or in part by resolution of either House of the Parliament
passed within 6 sitting days of the House after a copy of the agreement or the
statement of the variation is laid before that House.

(4) If an agreement or variation referred to in subsection (1) or (1A) is
revoked wholly or in part under subsection (3)-

   (a)  a provision of the Agreement that had been cancelled or revoked by the
        agreement or variation, or by the part of the agreement or variation
        that is revoked, is revived as from the beginning of the day on which
        the agreement or variation, or part, was revoked; and

   (b)  a provision of the Agreement that had been varied (otherwise than by
        cancellation or revocation) by the agreement or variation, or by the
        part of the agreement or variation that is revoked, takes effect
        without that variation as from the beginning of the day on which the
        agreement or variation, or part, was revoked as if the variation had
        not been made.

(5) The Minister must cause to be published in the Government Gazette a notice
of the revocation of an agreement or variation, or part of an agreement or
variation.



(5A) For the avoidance of doubt-

   (a)  an agreement may be entered into, and is deemed always to have been
        authorised to be entered into, under subsection (1) in relation to the
        Link Upgrade Project; and

   (b)  a variation may be made, and is deemed always to have been authorised
        to be made, under subsection (1A) in relation to the Link Upgrade
        Project.

(6) In this section, vary includes amend, add to, substitute, cancel or
revoke.