ROAD MANAGEMENT ACT 2004 - SECT 71 Authorised officers
ROAD MANAGEMENT ACT 2004 - SECT 71
Authorised officersS. 71(1) amended by No. 49/2019 s. 187, substituted by No. 49/2019 s. 174(1).
(1) Subject to this section, the Secretary may by instrument appoint any of the following to be an authorised officer for the purposes of this Act—
(a) an employee in the Department;
S. 71(1)(b) repealed by No. 49/2019 s. 183(Sch. 3 item 28).
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(c) a member of the staff of the Regulator within the meaning of the Heavy Vehicle National Law (Victoria).
S. 71(2) amended by No. 49/2019 s. 174(2).
(2) Subject to this section, a State road authority, other than the Head, Transport for Victoria, may by instrument appoint—
S. 71(2)(a) amended by No. 108/2004 s. 117(1) (Sch. 3 item 175).
(a) an employee employed under the
Public Administration Act 2004 ; or
(b) an officer or employee of a public body established by or under any Act—
to be an authorised officer for the purposes of this Act.
(3) Subject to this section, if the relevant road authority is a municipal council, the municipal council may by instrument appoint an officer or employee of the municipal council to be an authorised officer for the purposes of this Act.
S. 71(3A) inserted by No. 49/2019 s. 174(3).
(3A) An authorised officer appointed under subsection (1) may exercise the powers of an authorised officer in respect of a road for which the Head, Transport for Victoria is the responsible road authority if the Head, Transport for Victoria has so requested.
S. 71(4) amended by No. 49/2019 s. 174(4).
(4) An authorised officer appointed under subsection (1) may exercise the powers of an authorised officer in respect of the Link road if—
S. 71(4)(a) amended by No. 8/2019 s. 136(1).
(a) the Link corporation has so
requested; and
(b) there is a written arrangement with the Link corporation.
S. 71(5) amended by No. 49/2019 s. 174(4).
(5) An authorised officer appointed under subsection (1) may exercise the powers of an authorised officer in respect of the Extension road if—
S. 71(5)(a) amended by No. 8/2019 s. 136(2).
(a) the Extension corporation has so
requested; and
(b) there is a written arrangement with the Extension corporation.
S. 71(5A) inserted by No. 39/2004 s. 269, amended by Nos 95/2005 s. 13(2)(d), 49/2019 s. 174(4).
(5A) An authorised officer appointed under
subsection (1) may exercise the powers of an authorised officer in
respect of EastLink if—
S. 71(5A)(a) amended by No. 95/2005 s. 13(2)(c).
(a) the EastLink Corporation has so requested; and
S. 71(5A)(b) amended by No. 95/2005 s. 13(2)(c).
(b) there is a written arrangement with the EastLink Corporation.
S. 71(5B) inserted by No. 70/2012 s. 8, amended by No. 49/2019 s. 174(4).
(5B) An authorised officer appointed under subsection (1) may exercise the powers of an authorised officer in respect of the Peninsula Link Freeway if—
(a) the Peninsula Link Freeway Corporation has so requested; and
(b) there is a written arrangement with the Peninsula Link Freeway Corporation.
S. 71(5C) inserted by No. 8/2019 s. 136(3) (as amended by No. 49/2019 s. 170).
(5C) An authorised officer appointed under subsection (1) may exercise the powers of an authorised officer in respect of the West Gate Tunnel tollway if—
(a) the West Gate Tunnel Corporation has so requested; and
(b) there is a written arrangement with the West Gate Tunnel Corporation.
S. 71(5D) inserted by No. 18/2020 s. 147.
(5D) An authorised officer appointed under subsection (1) may exercise the powers of an authorised officer in respect of the North East Link road if—
(a) the North East Link State Tolling Corporation has so requested; and
(b) there is a written arrangement with the North East Link State Tolling Corporation.
S. 71(6) amended by No. 49/2019 s. 174(5).
(6) A person must not be appointed as an authorised officer under this section unless the person has completed appropriate training or qualifications as determined by the Secretary or by the relevant road authority making the appointment.