MITCHAM-FRANKSTON PROJECT (AMENDMENT) ACT 2005 (NO 14 OF 2005) - SECT 10 New section 12 substituted

MITCHAM-FRANKSTON PROJECT (AMENDMENT) ACT 2005 (NO 14 OF 2005) - SECT 10

For section 12 of the Mitcham-Frankston Project Act 2004 substitute —

        '12.     Delegation by Freeway Corporation

    (1)     Subject to this section, the Freeway Corporation may, by instrument, delegate to an approved corporation any of the powers and functions of the Freeway Corporation under—

        (a)     this Act or the regulations (except this power of delegation); or

        (b)     the Road Management Act 2004 or the regulations under that Act; or

        (c)     the Road Safety Act 1986 or the regulations under that Act.

    (2)     If the Freeway Corporation delegates any power or function under this section the Freeway Corporation must publish a notice of that delegation in the Government Gazette.    

    (3)     The Minister may recommend to the Governor in Council that a particular corporation be approved for the purpose of this section, if the Minister is satisfied that it is necessary and appropriate to do so to give effect to the Agreement.

    (4)     The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette, approve a corporation for the purposes of this section.

    (5)     In this section "approved corporation" means—

        (a)     a Concessionaire within the meaning of the Agreement; or

        (b)     the Construction Contractor within the meaning of the Agreement; or

        (c)     the Operator within the meaning of the Agreement; or

        (d)     a corporation approved under sub-section (4).'.