NORTH EAST LINK ACT 2020
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Objects of Act
- 5 Designation of North East Link road
- 6 Interaction with Transport Integration Act 2010
- 7 Act binds the Crown
PART 2--NORTH EAST LINK STATE TOLLING CORPORATION
Division 1--Establishment of North East Link State Tolling Corporation
- 8 North East Link State Tolling Corporation
- 9 Trading name
- 10 North East Link State Tolling Corporation does not represent the Crown
- 11 Official seal
- 12 Objects of North East Link State Tolling Corporation
Division 2--Functions and powers
- 13 Functions of North East Link State Tolling Corporation
- 14 General powers of North East Link State Tolling Corporation
- 15 Specific powers of North East Link State Tolling Corporation
- 16 Extra-territoriality
- 17 Power of delegation
- 18 Consequences of delegating road management functions under the Road Management Act 2004
- 19 Borrowing and investment by North East Link State Tolling Corporation
- 20 Excluded powers
Division 3--Governance of North East Link State Tolling Corporation
- 21 Board of directors
- 22 Constitution of Board
- 23 Terms and conditions of appointment
- 24 Acting appointments—chairperson
- 25 Acting appointments—deputy chairperson
- 26 Acting appointments—director
- 27 Chief executive officer
- 28 Other employees
- 29 Vacancies and removal from office
- 30 Resignation
- 31 Suspension
- 32 Validity of acts or decisions
- 33 Proceedings of the Board
- 34 Resolutions without meetings
Division 4--General duties
- 35 Determination of initial capital
- 36 Capital
- 37 Repayment of capital
- 38 Dividends
- 39 Reports to Treasurer or Minister
- 40 Directions
- 41 Annual report
- 42 Preparation of corporate plan
- 43 Consultation regarding corporate plan
- 44 Publication of corporate plan
- 45 Modification of corporate plan
- 46 Directions in relation to corporate plan
- 47 Corporate plan to be followed
- 48 Nothing void merely because of non-compliance
- 49 Board to give notice of significant events
PART 3--NORTH EAST LINK TOLLING AGREEMENTS
- 50 Publication and commencement of North East Link tolling agreements
- 51 Tabling of North East Link tolling agreements
- 52 Revocation of North East Link tolling agreement
- 53 Publication and commencement of amending agreements
- 54 Tabling of amending agreements
- 55 Revocation of amending agreement
PART 4--TOLLING
Division 1--Preliminary
Division 2--Fixing of tolls and toll administration fees
- 58 Relevant North East Link Tolling Corporation may fix tolls
- 59 How tolls and toll administration fees are fixed
Division 3--Liability for and collection of tolls
- 60 Commencement of tolling
- 61 Liability to pay toll and toll administration fees
- 62 Toll administration fee not payable for certain vehicles
- 63 Operator not liable if effective statement made
- 64 Cancellation of authorised person's acceptance of statement as effective
- 65 Offence to provide false or misleading information
- 66 Request for payment of tolls
- 67 Tolling device is not surveillance device
- 68 Minimum debt recovery requirements
Division 4--Tolling offences and registration of vehicles
- 69 Offence to drive unregistered vehicle in toll zone
- 70 Multiple offences during prescribed period
- 71 Registration of vehicles
- 72 Ongoing registration agreements
- 73 Temporary registration
- 74 Information to be given in relation to ongoing registration or temporary registration
- 75 Cancellation or suspension of registration
- 76 Offence to tamper with tolling devices
- 77 Offence to fraudulently induce registration
Division 5--Tolling enforcement
- 78 Payment of prescribed administrative amount
- 79 Relevant North East Link Tolling Corporation or authorised person may notify enforcement agency of non-payment of toll
- 80 Disputes in relation to payment of tolls
- 81 Enforcement officers
- 82 Identification of enforcement officers
- 83 Power to serve an infringement notice
- 84 Toll administration infringement notice
- 85 Infringement penalty
- 86 Additional effect of expiation
- 87 Effect of conviction for non-payment of penalty
- 88 Application of Infringements Act 2006, Fines Reform Act 2014 and Children, Youth and Families Act 2005 procedure
- 89 Operator onus offence
- 90 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
- 91 Granting extension of time
- 92 The Consolidated Fund
Division 6--Evidentiary provisions
- 93 Proof that vehicle driven in a toll zone
- 94 Evidentiary certificates
- 95 Evidentiary certificates relating to tolls
- 96 Evidentiary certificate issued by relevant North East Link Tolling Corporation
Division 7--Disclosure and keeping of records
- 97 Secretary and others may disclose certain information
- 98 Secretary must disclose certain interstate information
- 99 Relevant North East Link Tolling Corporation to keep proper records
- 100 Destruction of records
Division 8--Tollway roaming agreements
- 101 Definitions
- 102 Making tollway roaming agreement
- 103 Roaming fees
- 104 Determination of net incremental marginal cost
Division 9--General
- 105 Declaration or revocation of declaration as a road
PART 5--ADMINISTRATION, LEGAL PROCEEDINGS AND ENFORCEMENT
Division 1--Use of statutory powers and functions for North East Link Project
Division 2--Emergency management
- 108 Emergency management
Division 3--No liability for various acts and omissions
- 109 No liability on State or public authorities for acts or omissions of others
Division 4--Service of documents
- 110 Service of documents
Division 5--Proceedings for offences
- 111 Proceedings for offences under Part 4
- 112 Extension of period for commencing prosecution for summary offences