Victorian Consolidated Legislation

Melbourne City Link Act 1995 - SECT 15D

Variation of the Extension Agreement6, 7

15D. Variation of the Extension Agreement6, 7



(1) Any 2 or more persons who are parties to the Extension Agreement, or any
part of that agreement 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 Extension Agreement that affect those
persons.

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

(3) The Extension 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, the Extension Agreement is varied in
accordance with the terms of that variation, and the following subsections of
this section do not apply to any such variation.





(4) The Minister must cause to be published in the Government Gazette a notice
of an agreement under subsection (1) or a variation under subsection (2),
specifying the place or places at which a person may inspect the agreement or
a statement of the variation.

(5) An agreement or variation under subsection (1) or (2) comes into
operation-

   (a)  when the notice under subsection (4) 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.

(6) The Minister must cause a copy of each agreement under subsection (1) and
a statement of each variation under subsection (2) as published under
subsection (4) 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.

(6A) The Minister must cause a copy of each agreement under subsection (1) and
a statement of each variation under subsection (2) as published under
subsection (4) to be sent to the Government Printer as soon as practicable
after the making of the agreement or variation.

(7) An agreement or variation referred to in subsection (1) or (2) 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.



(8) If an agreement or variation referred to in subsection (1) or (2) is
revoked wholly or in part under subsection (7)-

   (a)  a provision of the Extension 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 Extension 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.

(9) 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.

(9A) 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 (2) in relation to the Link Upgrade
        Project.

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