Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 95

Regulations

95. Regulations





(1) Subject to subsections (8) and (9), the Governor in Council may make
regulations for or with respect to any matter or thing required or permitted
by this Act to be prescribed or necessary to be prescribed to give effect to
this Act including, but not limited to, the matters and things specified in
Schedule 2.

(2) A power conferred by this Act to make regulations may be exercised-

   (a)  either in relation to all cases to which the power extends, or in
        relation to all those cases subject to specified exceptions, or in
        relation to any specified case or class of case; and

   (b)  so as to make, as respects the cases in relation to which it is
        exercised-

   (i)  the same provision for all cases in relation to which the power is
        exercised, or different provisions for different cases or classes of
        case, or different provisions for the same case or class of case for
        different purposes; or

   (ii) any such provision either unconditionally or subject to any specified
        condition.

(3) Regulations made under this Act may be made-

   (a)  so as to apply-

   (i)  at all times or at a specified time; or

   (ii) throughout the whole of the State or in a specified part of the State;
        or

   (iii) as specified in both subparagraphs (i) and (ii); and

   (b)  so as to require a matter affected by the regulations to be-

   (i)  in accordance with a specified standard or specified requirement; or

   (ii) approved by or to the satisfaction of a specified person or body or a
        specified class of persons or bodies; or

   (iii) as specified in both subparagraphs (i) and (ii); and

   (c)  so as to apply, adopt or incorporate any matter contained in any
        document, code, standard, rule, specification or method formulated,
        issued, prescribed or published by any authority or body whether-

   (i)  wholly or partially or as amended by the regulations; or

   (ii) as formulated, issued, prescribed or published at the time the
        regulations are made or at any time before then; or

   (iii) as formulated, issued, prescribed or published from time to time; and

   (ca) so as to provide for the recognition by the Corporation of things done
        or omitted to be done under a law of the Commonwealth or another State
        or a Territory under which authority is given to drive motor vehicles
        on roads or road related areas; and

   (d)  so as to confer a discretionary authority or impose a duty on a
        specified person or body or a specified class of persons or bodies;
        and

   (e)  so as to provide in a specified case or class of case for the
        exemption of persons or things or a class of persons or things from
        any of the provisions of the regulations, whether unconditionally or
        on specified conditions and either wholly or to such an extent as is
        specified; and

   (f)  so as to impose a penalty not exceeding 20 penalty units for
        individuals or 100 penalty units for bodies corporate for a
        contravention of the regulations.

(3A) The regulations may provide that this Act does not, or specified
provisions of this Act do not, apply to a vehicle, or vehicles of a class,
identified in the regulations.



(3AB) The regulations may-

   (a)  provide that a traffic infringement applies, or does not apply, at
        times, on days, in circumstances or at places identified in the
        regulations; and

   (b)  provide that a traffic infringement applies, or does not apply, to a
        person or a class of person, or a vehicle or a class of vehicle,
        specified in the regulations; or

   (c)  allow for a different amount of penalty for a traffic infringement
        according to the circumstances in which the offence is committed or
        the extent of the contravention constituting the offence.

(3B) The regulations may allow the Corporation-

   (a)  to exempt a vehicle or class of vehicles from the requirement to be
        registered; or

   (b)  to exempt a vehicle or class of vehicles from a requirement of the
        regulations relating to the construction, efficiency, performance,
        safety, roadworthiness or design of vehicles or the equipment to be
        carried on vehicles; or

   (c)  to exempt a motor vehicle or trailer or class of motor vehicles or
        trailers from a requirement of the regulations relating to the
        carrying of loads; or

   (ca) to exempt a vehicle or a group of vehicles, or the driver or
        registered operator of a vehicle or a group of vehicles, from a
        requirement of the regulations relating to mass and dimension limits;
        or





   (d)  to exempt a person or class of persons from a requirement of the
        regulations to be complied with before a driver licence or learner
        permit may be granted, varied or renewed; or

   (e)  to exempt a person or class of persons from a requirement of the
        regulations relating to the hours of driving of motor vehicles or the
        keeping of records relating to those hours of driving or the carrying
        of log books on motor vehicles-

subject to compliance with any conditions specified in the regulations or
determined by the Corporation and specified in the instrument of exemption (if
any).

(3C) The regulations may provide for a Commonwealth interpretation enactment
to apply to the interpretation of any of the provisions of the regulations-

   (a)  either wholly or to the extent specified by the regulations; and

   (b)  to so apply without modifications or with the modifications specified
        by the regulations.

(3D) In subsection (3C) Commonwealth interpretation enactment means-

   (a)  the Acts Interpretation Act 1901 of the Commonwealth; or

   (b)  the Legislative Instruments Act 2003 of the Commonwealth; or

   (c)  the Acts Interpretation Act 1901 of the Commonwealth as applied by the
        Legislative Instruments Act 2003 of the Commonwealth to legislative
        instruments within the meaning of that Act.

(3E) This section does not prevent the Interpretation of Legislation Act 1984
from applying to the regulations to the extent that it can do so consistently
with the application to those regulations of any Commonwealth interpretation
enactment within the meaning of subsection (3C).

(4) A power conferred by this Act to make regulations providing for the
imposition of fees may be exercised by providing for all or any of the
following matters-

   (a)  specific fees;

   (b)  maximum or minimum fees;

   (c)  maximum and minimum fees;

   (d)  ad valorem fees;

   (e)  the payment of fees either generally or under specified conditions or
        in specified circumstances;

   (f)  the reduction, waiver or refund, in whole or in part, of the fees.

(5) If under subsection (4)(f) regulations provide for a reduction, waiver or
refund, in whole or in part, of a fee, the reduction, waiver or refund may be
expressed to apply either generally or specifically-

   (a)  in respect of certain matters or transactions or classes of matters or
        transactions;

   (b)  in respect of certain documents or classes of documents;

   (c)  when an event happens;

   (d)  in respect of certain persons or classes of persons; or

   (e)  in respect of any combination of such matters, transactions,
        documents, events or persons-

and may be expressed to apply subject to specified conditions or in the
discretion of any specified person or body.

(6) A fee that may be imposed by regulation in relation to licences or permits
under Part 3 or the registration of motor vehicles or trailers is not limited
to an amount that is related to the cost of providing a service.

(7) If under subsection (3)(c)(iii) a regulation has applied, adopted or
incorporated any matter contained in any document, code, standard, rule,
specification or method as formulated, issued, prescribed or published from
time to time and that document, code, standard, rule, specification or method
is at any time amended, until the Corporation causes notice to be published in
the Government Gazette of that amendment the document, code, standard, rule,
specification or method is to be taken to have not been so amended.

(8) Regulations made under this Act must not-

   (a)  prohibit the fitting of bull-bars to motor vehicles; or

   (b)  require annual tests of roadworthiness of registered motor vehicles or
        trailers.

(9) The Minister must ensure that there is consultation with the
Infrastructure Reference Panel established under the Road Management Act 2004
before regulations are made under this Act for the purposes of items 74 to 77
of Schedule 2.





(10) Without limiting the generality of subsection (2)(b)(i), in relation to
driver licensing, the regulations may make different provision for people of
or over 75 years of age.

(11) Regulations made under this Act may provide for matters of a transitional
or savings nature relating to the making, amendment or repeal of such
regulations.



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