Melbourne City Link (General) (Amendment) Regulations 2000 (Vic)

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Melbourne City Link (General) (Amendment)

Regulations 2000

S.R. No. 132/2000

TABLE OF PROVISIONS

Regulation Page
1. Objectives 1
2. Authorising provisions 2
3. Commencement 2
4. Principal Regulations 2
5. Amendment of regulation 201 2
6. Substitution of regulation 501 2
501. Form of infringement notices 2
7. Substitution of regulation 601 5

601.        Definition of enforcement agency with respect to certain

functions 5

602.        Extension of period in which temporary registration may

be sought 6
603.
Expiry of regulation 602 6

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ENDNOTES 7

i

STATUTORY RULES 2000

S.R. No. 132/2000

Melbourne City Link Act 1995

Melbourne City Link (General) (Amendment)

Regulations 2000

The Governor in Council makes the following Regulations:
Dated: 12 December 2000
Responsible Minister:

PETER BATCHELOR Minister for Transport

HELEN DOYE

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to amend the Melbourne City Link (General) Regulations

1999

(a)

to prescribe the form of infringement notices for the purposes of section 81(a) of Melbourne City Link Act 1995; and

(b)

to prescribe certain persons as the enforcement agency with respect to certain functions under that Act; and

(c)

to extend the time by which a person can seek temporary registration for driving on a toll zone; and

(d) to make other minor amendments.

Melbourne City Link (General) (Amendment) Regulations 2000

S.R. No. 132/2000 r. 2

2. Authorising provisions

These Regulations are made under sections 3,
73C, 81 and 118 of the Melbourne City Link Act

1995.

3. Commencement

(1) Regulations 1, 2, 3, 4 and 7 come into operation

on 16 December 2000.

(2) The remaining provisions of these Regulations

come into operation on 1 January 2001.

4. Principal Regulations

In these Regulations, the Melbourne City Link
(General) Regulations 19991 are called the

Principal Regulations.

5. Amendment of regulation 201

In regulation 201(f) of the Principal Regulations, for "Road Safety (Traffic) Regulations 1988" substitute "Road Safety (Road Rules) Regulations 1999".

6. Substitution of regulation 501

For regulation 501 of the Principal Regulations

substitute

'501. Form of infringement notices

(1) For the purposes of section 81(a) of the Act,

an infringement notice is in the prescribed
form if it is in writing and contains the
details required by section 81 of the Act and

the following additional details

(a)

the date on which the notice is issued; and

(b) the number of the notice; and

(c)

the manner in which the penalty may be paid; and

Melbourne City Link (General) (Amendment) Regulations 2000

r. 6 S.R. No. 132/2000

(d) the time within which the penalty may

be paid; and

(e)

the name and business address of the enforcement officer who issued the notice; and

(f)

any other details required by this regulation.

(2) An infringement notice in relation to an

alleged offence against section 73(1) of the

Act must contain the following additional

details

(a)

a reference to the fact that the notice is driving in a toll zone contrary to section 73(1) of the Act; and

(b) the licence plate number or other

identification of the vehicle which is alleged to have been driven in a toll zone; and

(c) the name and address of the person

alleged to have committed the offence or, if the notice is issued to the owner of the vehicle in accordance with
section 87(1) of the Act, the words,

"The Owner"; and

(d) the date and approximate time and

place of the commission of the alleged

offence; and

(e)

a statement to the effect that a copy of the image relating to the detection of the alleged offence and information as to the date on, and time and location at, which the alleged offence was detected may be inspected or purchased and the

Melbourne City Link (General) (Amendment) Regulations 2000

r. 6

S. R. No. 132/2000
manner in which the inspection or
purchase may be arranged.

(3) An infringement notice in relation to an

alleged offence against section 90A(2) of the

Act must contain the following additional

details

(a) a reference to the fact that the notice is a notice in relation to an offence of disclosing or using restricted tolling information contrary to section 90A(2)

of the Act; and

(b) the name and address of the relevant

agency alleged to have committed the
offence; and

(c) the name and address of the person to

whom the restricted tolling information
relates; and

(d) a short description of the restricted

tolling information alleged to have been
used or disclosed contrary to section
90A(2); and

(e) a short description of the alleged use or

disclosure of restricted tolling
information contrary to section 90A(2).

(4) An infringement notice in relation to an

alleged offence against section 92(1) of the

Act must contain the following additional

details

(a) a reference to the fact that the notice is

a notice in relation to an offence of
failing to comply with the requirements
of section 92(1) relating to the keeping
of records; and

Melbourne City Link (General) (Amendment) Regulations 2000

r. 7 S.R. No. 132/2000

(b) the name and address of the relevant

corporation alleged to have committed

the offence; and

(c) the paragraph of section 92(1) with

which the relevant corporation is

alleged to have failed to comply; and

(d) a short description of the alleged failure

to comply.

(5) An infringement notice in relation to an

alleged offence against section 92(3) of the

Act must contain the following additional

details

(a) a reference to the fact that the notice is

a notice in relation to an offence of
preventing a person authorised by the
Minister under section 92(2) from
carrying out an inspection of records
kept under Part 4 of the Act; and

(b) the name and address of the relevant

agency alleged to have committed the

offence; and

(c)

the date and approximate time and place of the alleged offence; and

(d)

a short description of the alleged offence.'.

7. Substitution of regulation 601

For regulation 601 of the Principal Regulations
substitute—

'601. Definition of enforcement agency with

respect to certain functions

For the purposes of the definition of
"enforcement agency" in section 3 of the

Act, the enforcement agency with respect to

the enforcement agency's functions under

Melbourne City Link (General) (Amendment) Regulations 2000

S.R. No. 132/2000 r. 7
(a) section 77(1) of the Act, except paragraphs (b) and (c); and
(b) section 78(1) of the Act, except

paragraph (b)

is the Secretary to the Department of Justice.

602.  Extension of period in which temporary registration may be sought

For the purposes of section 73C(2)(b) of the Act, the prescribed time is the end of the day on which temporary registration is sought.

603.

Expiry of regulation 602 31 December 2001.'.

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Melbourne City Link (General) (Amendment) Regulations 2000

Endnotes S.R. No. 132/2000

ENDNOTES

1 Reg. 4: S.R. No. 55/1999.

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