Road Legislation (Projects and Road Safety) Act 2006 (Vic)
Road Legislation (Projects and Road Safety) Act 2006
Act No. 81/2006
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1.Purpose
2.Commencement
PART 2—ALCOHOL AND OTHER DRUGS AMENDMENTS
3.Interpretative provision
4.Penalties for offences involving alcohol or other drugs
5.Direction to impose alcohol interlock condition
6.Penalty for offence of not allowing doctor to take blood sample
7.Sentencing Act 1991—increase in minimum period before alcohol interlock condition can be removed
8.Statute law revision
PART 3—HEAVY VEHICLE AMENDMENTS
9.New Part 12 inserted in Road Safety Act 1986
PART 12—INTELLIGENT ACCESS PROGRAM FOR HEAVY VEHICLES
Division 1—Preliminary
223.What the Intelligent Access Program is
224.Application of Commonwealth Acts Interpretation Act 1901
225.Definitions
226.Other means of enforcement not excluded
Division 2—Powers and Duties of Corporation in relation
to IAP227.What IAP conditions do
228.Corporation may specify IAP conditions
229.Issue of IAP identifiers
Division 3—Duties and Obligations of Operators of
Vehicles230.Offence—providing false or misleading information
to IAP service provider231.Operators' obligation to tell drivers about collection
of personal information and other matters232.System malfunctions—duties of operators of IAP vehicles
Division 4—Duties of Vehicle Drivers
233.System malfunctions—drivers' duties
Division 5—Duties, Powers and Obligations of IAP Service Providers
234.IAP service providers' duties in regard to use and disclosure of information
235.IAP service providers' powers to collect, store, use
and disclose IAP information236.IAP service providers' duties in regard to recording, disclosure and use of information
237.IAP service providers' obligations in regard to quality and security of IAP information
238.IAP service providers' obligations to keep records of monitoring
239.IAP service providers' obligation to make individuals aware of personal information held
240.IAP service providers' obligation to make non-compliance reports
241.IAP service providers' obligation to report tampering
242.Offence—IAP service provider providing false or misleading information to Corporation or TCA
Division 6—Functions, Duties, Powers and Obligations
of TCA243.Functions of TCA
244.TCA's duties in regard to disclosure and use of information
245.TCA's powers to collect, store, use and disclose IAP information
246.Disclosure of information for law-enforcement
purposes etc.247.Use of information for research
248.TCA's obligations in regard to collecting IAP information
249.TCA's obligation to keep information secure
250.TCA's obligation to make individuals aware of
personal information held251.TCA's obligation to keep records of transactions
252.TCA's obligation to correct errors etc.
253.TCA's obligation to report tampering
Division 7—Duties, Powers and Obligations of IAP Auditors
254.IAP audit and IAP auditors
255.IAP auditors' duties in regard to disclosure and use of information
256.IAP auditors' powers to collect, store, use and disclose IAP information
257.IAP auditors' obligations in regard to collecting IAP information
258.IAP auditors' obligation to keep information secure
259.IAP auditors' obligation to make individuals aware of personal information held
260.IAP auditors' obligation to keep records of transactions
261.IAP auditors' obligation to correct errors etc.
262.IAP auditors' obligation to report breaches by IAP service providers
263.IAP auditors' obligation to report tampering
Division 8—Tampering with Approved Intelligent
Transport System264.Offence—tampering with approved intelligent
transport system
Division 9—Evidence
265.Definition and application
266.Certificates by the Corporation
267.Certificate as to intelligent access map
268.Other certificates by TCA
269.Presumption of correct operation
270.Evidence as to vehicle's position
271.IAP information generated etc. by approved intelligent transport system
272.Reports by approved intelligent transport system
273.Results of mathematical procedures
10.Tampering with speed limiting devices
11.Consequential amendment—confidentiality
12.Direction to provide certain information
13.New Division 8 inserted in Part 9
Division 8—Interstate Provisions
149AA.Reciprocal powers of officers
14.Upgrading of breach categorisation
15.Reasonable steps defence for breaches of mass limits
PART 4—GRADUATED LICENSING AND YOUNG DRIVER SAFETY
16.Compulsory carriage of licence—young drivers
17.Graduated probationary driver licences
18.Compulsory carriage of learner permit
19.Drink-driving offences by young or inexperienced drivers
20.Consequential amendment regarding probationary licences
PART 5—OPERATOR ONUS AMENDMENTS
21.Duty of owner or responsible person to give information in relation to a motor vehicle
22.Duty of owner or responsible person to give information in relation to a trailer
23.New section 66 substituted
66.Certain prescribed offences to be operator onus
offences
24.New Part 6AA inserted in Road Safety Act 1986
PART 6AA—OPERATOR ONUS
84BA.Purpose of this Part
84BB.Definitions
84BC.Operator onus offences
84BD.Effect of payment of penalty, etc.
84BE.Use of effective statement to avoid liability
84BF.Cancellation of acceptance of statement
84BG.Proceedings against nominated persons
84BH.Defences to operator onus offences
84BI.Offence to provide false or misleading information
25.Repeal of section 85
26.New section 86 substituted
86.Parking infringements to be operator onus offences
27.Service of infringement notices under Melbourne City Link Act 1995
28.Offences detected by prescribed tolling device to be operator onus offences
29.New section 123 inserted in Melbourne City Link Act 1995
123.Transitional provision—Road Legislation (Projects and Road Safety) Act 2006
30.Consequential amendment of Road Safety Act 1986
31.Consequential amendment of children legislation
32.Consequential amendment of Infringements Act 2006
PART 6—IMPOUNDMENT, IMMOBILISATION AND FORFEITURE OF MOTOR VEHICLES
Division 1—Amendment of Chattel Securities Act 1987
33.Certificate
Division 2—Amendment of Road Safety Act 1986
34.Powers of Corporation
35.Effecting registration, renewal or transfer
36.Notice
37.Interest in motor vehicle not to be transferred
38.New sections 84YA, 84YB and 84YC inserted
84YA.Direction not to transfer registration or register motor vehicle
84YB.Corporation not to transfer registration or register
motor vehicle84YC.Cessation of direction under this Act does not affect
any suspension
PART 7—MISCELLANEOUS AMENDMENTS TO ROAD SAFETY ACT 1986
39.Definitions
40.Power to inspect motor vehicles and trailers
41.Definition of vehicle identifier
42.Offence if driver not licensed
43.New section 47A inserted
47A.Definition
44.Evidentiary provisions
45.Unauthorised use of freeway
46.Forgery etc. of documents and identification marks
47.Penalty for parking infringement
48.Non-road activities on highways
49.Statute law revision
50.New section 103L inserted
103L.Transitional provisions—Road Legislation (Projects and Road Safety) Act 2006
PART 8—AMENDMENTS TO ROAD MANAGEMENT ACT 2004
51.Definitions
52.Interpretation and application
53.Power of VicRoads to make declarations in respect of roads
54.Arrangements to transfer road management functions
55.Register of public roads
56.Amendment of certain references in section 116
57.Compensation payable by a road authority in certain circumstances
58.Schedule 2
PART 9—LAND COMPENSATION AMENDMENTS
59.Land Acquisition and Compensation Act 1986—matters affecting compensation
60.Planning and Environment Act 1987—new section 104A inserted
104A.Actual zoning of land may be considered in
determining compensation
PART 10—AMENDMENTS TO THE ALPINE RESORTS (MANAGEMENT) ACT 1997
61.Insertion of new Part 5A
PART 5A—MOUNT HOTHAM VILLAGE ROAD PROJECT
57A.Definitions
57B.Road project area
57C.Power of VicRoads to enter into agreement as to property in the road project area
57D.Powers of Mount Hotham Alpine Resort Management Board to enter into agreements as to property in the
road project area57E.Agreement as to further assignment
62.Insertion of Schedule
SCHEDULE
PART 11—M1 REDEVELOPMENT PROJECT
Division 1—Amendments to Road Management Act 2004
63.Interpretation and application of Act
64.New section 45A inserted
45A.Provisions relating to the M1 Redevelopment Project
65.New Schedule 5A inserted
SCHEDULE 5A—Specific Provisions relating to the M1 Redevelopment Project
Division 2—Amendment of Melbourne City Link Act 1995
66.Definitions
67.The Project
68.Variation of the Agreement
69.Emergency powers to apply
70.Variation of the Integration and Facilitation Agreement
71.Variation of the Extension Agreement
72.New Part 2B inserted
PART 2B—LINK UPGRADE PROJECT
Division 1—Introductory
21.Definitions
Division 2—General Powers of Roads Corporation
22.Roads Corporation appointed committee of
management23.Temporary access to Crown land
Division 3—Licences
24.Application
25.Roads Corporation may issue licence for purposes of Link Upgrade Project
26.Term of licence
27.Conditions of licence—general
28.Conditions on licence over stratum of land
29.Ability to mortgage licence
30.Amendment of licence
31.Termination of licence
32.Renewal of licence
33.Act to apply as if Link Upgrade licensed land were leased land
Division 4—Construction Permits
34.Construction permit
35.Land to which permit can apply
36.Conditions on permit
37.Cancellation of permit
Division 5—Statutory Powers and Exemptions
38.Application of planning laws
39.Approvals of public bodies not required
40.Application of Building Act 1993
41.Application of mineral resources and extractive
industry Acts42.Application of South Melbourne Land Act 1986
43.Application of Heritage Act 1995
Division 6—Road Operation and Management
44.Management of roads specified in Order
45.Management of other roads
Division 7—Interface with Utilities
Subdivision 1—Introduction
46.Certain powers of Utilities not affected
Subdivision 2—Consent of Link Corporation
47.Utility to obtain consent of Link corporation
48.Utility may refer matter to Ministers for
determination
Subdivision 3—Agreements between Link Corporation
and Utility49.Agreements in relation to Link Upgrade construction area
50.What can a Utility agreement provide for?
51.Requirements for Utility agreements
52.Utility agreements must be approved by the Roads Corporation
53.Utility agreement may be amended
Subdivision 4—Notified Utility Infrastructure
54.Duty to identify Utility infrastructure
55.Link corporation to give notice
56.Duty of Utility to give notice
56A.Copies of notices to be given to Roads Corporation
56B.Link corporation to consult and seek agreement
56C.Referral to Ministers for determination if no
agreement56D.Power of Minister to direct Utility
56E.Direction to Link corporation
56F.Requirements for directions
56G.Direction to prevail over requirement to consent
Subdivision 5—Unnotified Utility Infrastructure
56H.Duties of Link corporation
56I.Link corporation to give notice
56J.Utility agreement may be entered into
56K.Notice to Minister if Utility cannot be found or fails
to respond56L.Minister may direct Utility to carry out works
56M.Direction to Link corporation after notice to Minister
56N.Direction to Link corporation after application to Minister
56O.Requirements for directions
56P.Direction to prevail over requirement to consent
Subdivision 6—Liability for Costs
56Q.Link corporation to be liable for certain relocation
and rectification costs56R.Standard to apply to relocation or rectification
56S.Utility liable for differential if it requests upgrade
56T.Utility liable for delay costs
56U.Limitation of liability
56V.Dispute as to cost of relocation or rectification
56W.Certification of work
56X.Referral of matters by Utilities to Ministers for determination
56Y.Referral of matters by Link corporation to Ministers
for determination56Z.Link corporation no longer liable if work satisfactory
Subdivision 7—Dispute Resolution
56ZA.Who can determine matters referred to the Ministers?
56ZB.What must be considered in determining a matter?
56ZC.Requirements for determinations
56ZD.Determination to prevail over inconsistent laws
Division 8—Emergency Orders
56ZE.Emergency orders
56ZF.Service of emergency order
56ZG.Period of operation of emergency order
56ZH.Offence to fail to comply with emergency order
56ZI.Request for police assistance
Division 9—Actions by Public Bodies
56ZJ.Bodies may be required to act
Division 10—Revocation of Reservation and Interim Operation
56ZK.Revocation of reservation on termination of licence
56ZL.Interim operation
73.Heading to Part 3
74.New section 65 inserted
65.Action by Registrar of Titles
75.Limitation on powers to make local laws
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ENDNOTES
Road Legislation (Projects and Road Safety) Act 2006
[Assented to 10 October 2006]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1.Purpose
The main purpose of this Act is—
(a)to amend the Road Safety Act 1986—
(i)to increase the penalties for certain offences involving alcohol or other drugs or a refusal to comply with requirements under Part 5 and, for this purpose, to clarify what is taken to be a second or other subsequent offence;
(ii)to alter the circumstances in which a court is permitted or required to impose an alcohol interlock condition;
(iii)to implement an intelligent access program for heavy vehicles;
(iv)to introduce a graduated probationary driver licence scheme and introduce other measures in relation to young or inexperienced drivers;
(v)to reform the nomination process under the "owner onus" provisions of that Act;
(vi)to prevent the registration or transfer of registration of a motor vehicle if the Chief Commissioner of Police intends to make an application for the impoundment, immobilisation or forfeiture of that motor vehicle;
(vii)to make other miscellaneous amendments to that Act;
(b)to amend the Sentencing Act 1991 to increase the minimum period before certain persons subject to an alcohol interlock condition on their driver licence or permit can apply for its removal;
(c)to amend the Road Management Act 2004—
(i)in relation to the M1 Redevelopment Project; and
(ii)to make other miscellaneous amendments;
(d)to amend the Melbourne City Link Act 1995—
(i)in relation to the Link Upgrade Project; and
(ii)to reform the nomination process under the "owner onus" provisions of that Act;
(e)to amend the Chattel Securities Act 1987 to include on the certificate provided to prospective purchasers any intended application for the impoundment, immobilisation or forfeiture of a motor vehicle;
(f)to amend the Land Acquisition and Compensation Act 1986 and the Planning and Environment Act 1987 in relation to the effect of zoning decisions on compensation;
(g)to amend the Alpine Resorts (Management) Act 1997 to make further provision for land at Mount Hotham Alpine Resort and for the powers of VicRoads and the Mount Hotham Alpine Resort Management Board and to make other amendments to that Act;
(h)to make amendments of a statute law revision or consequential nature to the Children and Young Persons Act 1989, the Children and Young Persons (Miscellaneous Amendments) Act 2005, the Children, Youth and Families Act 2005 and the Infringements Act 2006.
2.Commencement
(1)This Part, Part 2, Part 3 (except sections 9 and 11), section 27(1), Part 6, Part 7, Part 8, Part 9, Part 10 and Part 11 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to sub-sections (3), (4) and (5), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If section 16 or 19 does not come into operation before 1 January 2007, it comes into operation on that day.
(4)If section 9, 11 or 18 or a provision of Part 5 does not come into operation before 1 July 2007, it comes into operation on that day.
(5)If section 17 or 20 does not come into operation before 1 July 2008, it comes into operation on that day.
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PART 2—ALCOHOL AND OTHER DRUGS AMENDMENTS
3.Interpretative provision
In section 48(2) of the Road Safety Act 1986—
(a)after "convicted" (where first occurring) insert ", or found guilty,";
(b)before "has" insert "(the new offence)";
(c)for "found guilty or been convicted" substitute "convicted, or found guilty,";
(d)for "the conviction for the offence against that paragraph or section is to be taken to be a conviction for a subsequent offence" substitute "(an old offence), the new offence is to be taken to be a subsequent offence for the purposes of this Act and, if relevant for those purposes, also to be a second offence if the person has only ever been convicted, or found guilty, of one old offence".
4.Penalties for offences involving alcohol or other drugs
(1)For section 49(2)(b) of the Road Safety Act 1986 substitute—
"(b)in the case of a second offence, to a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months; and
(c)in the case of any other subsequent offence, to a fine of not more than 180 penalty units or to imprisonment for a term of not more than 18 months.".
(2)For section 49(3) of the Road Safety Act 1986 substitute—
"(2A)A person who is guilty of an offence under paragraph (b), (f) or (g) of sub-section (1), other than an accompanying driver offence, is liable—
(a)in the case of a first offence, to a fine of not more than 12 penalty units; and
(b)in the case of a second offence—
(i)to a fine of not more than 60 penalty units or to imprisonment for a term of not more than 6 months if the concentration of alcohol—
(A)in the person's blood was less than 0×15 grams per 100 millilitres of blood; or
(B)in the person's breath was less than 0×15 grams per 210 litres of exhaled air—
as the case requires; or
(ii)to a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months if the concentration of alcohol—
(A)in the person's blood was 0×15 grams or more per 100 millilitres of blood; or
(B)in the person's breath was 0×15 grams or more per 210 litres of exhaled air—
as the case requires; and
(c)in the case of any other subsequent offence—
(i)to a fine of not more than 120 penalty units or imprisonment for a term of not more than 12 months if the concentration of alcohol—
(A)in the person's blood was less than 0×15 grams per 100 millilitres of blood; or
(B)in the person's breath was less than 0×15 grams per 210 litres of exhaled air—
as the case requires; or
(ii)to a fine of not more than 180 penalty units or to imprisonment for a term of not more than 18 months if the concentration of alcohol—
(A)in the person's blood was 0×15 grams or more per 100 millilitres of blood; or
(B)in the person's breath was 0×15 grams or more per 210 litres of exhaled air—
as the case requires.
(3)A person who is guilty of an offence under paragraph (ba), (c), (ca), (d), (e) or (ea) of sub-section (1), other than an accompanying driver offence, is liable—
(a)in the case of a first offence, to a fine of not more than 12 penalty units; and
(b)in the case of a second offence, to a fine of not more than 120 penalty units or to imprisonment for a term of not more than 12 months; and
(c)in the case of any other subsequent offence, to a fine of not more than 180 penalty units or to imprisonment for a term of not more than 18 months.".
(3)In section 49(3AAA) of the Road Safety Act 1986—
(a)in paragraph (a), for "6" substitute "12";
(b)in paragraph (b)—
(i)for "subsequent" substitute "second";
(ii)for "12 penalty units." substitute "60 penalty units; and";
(c)after paragraph (b) insert—
"(c)in the case of any other subsequent offence, to a fine of not more than 120 penalty units.".
(4)In section 50 of the Road Safety Act 1986—
(a)in sub-section (1DA)—
(i)in paragraph (a), for "3" substitute "6";
(ii)in paragraph (b), for "6" substitute "12";
(b)in sub-section (1E)—
(i)in paragraph (a), for "3" substitute "6";
(ii)in paragraph (b), for "6" substitute "12";
(c)in sub-section (3)(b)(i) and (ii), for "0×10 grams" substitute "0×07 grams";
(d)in the note at the foot of sub-sections (4A) and (4B), for "50AAA(3)(a)" substitute "50AAA(3AA)".
5.Direction to impose alcohol interlock condition
(1)After section 50AAA(1) of the Road Safety Act 1986 insert—
'(1A)If—
(a)the offence was a first offence; and
(b)the offence was under section 49(1)(b), (f) or (g); and
(c)the concentration of alcohol—
(i)in the person's blood at the relevant time was 0×07 grams or more per 100 millilitres of blood but less than 0×15 grams per 100 millilitres of blood; or
(ii)in the person's breath at the relevant time was 0×07 grams or more per 210 litres of exhaled air but less than 0×15 grams per 210 litres of exhaled air—
as the case requires—
on making the order, the court may direct the Corporation that it can only grant the person a driver licence or permit that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by such a supplier.
Note:For "approved alcohol interlock" and "approved alcohol interlock supplier", see section 3(1).'.
(2)For section 50AAA(2) of the Road Safety Act 1986 substitute—
"(2)If—
(a)the offence was a first offence; and
(b)either—
(i)the offence was under section 49(1)(a) (other than an offence involving only drugs) or section 49(1)(c), (d) or (e); or
(ii)in the case of an offence under section 49(1)(b), (f) or (g), the concentration of alcohol—
(A)in the person's blood at the relevant time was 0×15 grams or more per 100 millilitres of blood; or
(B)in the person's breath at the relevant time was 0×15 grams or more per 210 litres of exhaled air—
as the case requires—
on making the order, the court must direct the Corporation that it can only grant the person a driver licence or permit that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by such a supplier.".
(3)Section 50AAA(3)(a) of the Road Safety Act 1986 is repealed.
(4)After section 50AAA(3) of the Road Safety Act 1986 insert—
"(3AA)If the offence was an offence referred to in sub-section (2) or (3), then, despite section 50(4A) and (4B), the person is not required to obtain, and the court is not required to have regard to, a report referred to in section 50(4B)(a).".
(5)In the Road Safety Act 1986—
(a)in section 50AAA(3A)—
(i)after "sub-section (3)" insert "or (3AA)";
(ii)for "sub-section (3)(a)" substitute "sub-section (3AA)";
(b)in section 50AAB(1), after "section" insert "50AAA(1A),";
(c)in section 50AAB(2), after "section" insert "50AAA(1A) or";
(d)in section 50AAB(3)—
(i)in paragraph (a), for "6 months" substitute "12 months";
(ii)in paragraph (b), for "3 years" substitute "4 years".
(6)In section 50AAC(1) of the Road Safety Act 1986—
(a)after "section" (where first occurring) insert "50AAA(1A),";
(b)in paragraph (a), for "50AAA(2)" substitute "50AAA(1A)";
(c)after paragraph (a) insert—
"(ab)in the case of a direction under section 50AAA(2)—the period specified in the direction during which the person cannot apply for the removal of an alcohol interlock condition if that period is more than 6 months; or".
(7)In column 1 of the Table in section 50AA of the Road Safety Act 1986, for "Section 50AAA(2)" substitute "Section 50AAA(1A), (2)".
6.Penalty for offence of not allowing doctor to take blood sample
For the penalty at the foot of section 56(2) of the Road Safety Act 1986 substitute—
"Penalty:For a first offence, 12 penalty units;
For a second offence, 120 penalty units or imprisonment for 12 months;
For any other subsequent offence, 180 penalty units or imprisonment for 18 months.".
7.Sentencing Act 1991—increase in minimum period before alcohol interlock condition can be removed
(1)In section 89B(2)(b) of the Sentencing Act 1991, for "3 years" substitute "4 years".
(2)In section 89C(1)(b) of the Sentencing Act 1991, for "3 years" substitute "4 years".
8.Statute law revision
Sections 2(3) and 57(2) of the Children and Young Persons (Miscellaneous Amendments) Act 2005 are repealed.
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PART 3—HEAVY VEHICLE AMENDMENTS
9.New Part 12 inserted in Road Safety Act 1986
After Part 11 of the Road Safety Act 1986 insert—
'PART 12—INTELLIGENT ACCESS PROGRAM FOR HEAVY VEHICLES
Division 1—Preliminary
223.What the Intelligent Access Program is
The Intelligent Access Program is a program to allow heavy vehicles to have access, or improved access, to the road network in return for monitoring, by an intelligent transport system, of their compliance with specified access conditions.
224.Application of Commonwealth Acts Interpretation Act 1901
(1)The Acts Interpretation Act 1901 of the Commonwealth applies to the interpretation of this Part, except that, in relation to Victoria—
(a)"Gazette" refers to the Victorian Government Gazette; and
(b)"Minister" refers to the responsible Minister of Victoria.
(2)This section does not prevent the Interpretation of Legislation Act 1984 from applying to this Part to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth.
225.Definitions
(1)In this Part—
"approved intelligent transport system" means an intelligent transport system approved for the purposes of the IAP by TCA;
Note:"intelligent transport system" is defined in section 3;
"business day" means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993;
"compliance purposes" has the same meaning as in Part 9;
Note:See section 110;
"IAP" means Intelligent Access Program;
"IAP agreement" means an agreement between the operator of a vehicle and an IAP service provider under which the IAP service provider agrees to provide IAP monitoring services to the operator;
"IAP auditor" means a person appointed as an IAP auditor under section 254(2);
"IAP condition" means a requirement relating to the use of an approved intelligent transport system specified in respect of an IAP vehicle, or class of IAP vehicle, under which that vehicle is, or vehicles of that class are, allowed to be used on an IAP road;
"IAP identifier" means a unique number or code that is to be transmitted from a device on a vehicle to a remote receiving device for the purpose of enabling the location of the vehicle at any time to be ascertained;
"IAP information" means information that has been generated or collected for any purpose relating to the IAP;
"IAP participant" means an operator of a vehicle or vehicles that has entered into an IAP agreement, and operates at least one IAP vehicle;
"IAP road" means a road or road-related area specified in an IAP condition for use by IAP vehicles;
"IAP service provider" means a person that is certified as an IAP service provider by TCA;
"IAP vehicle" means a vehicle that is subject to an IAP condition, is equipped for monitoring under the IAP, and is covered by an IAP agreement;
"intelligent access map" means the spatial data set, issued by TCA from time to time, that defines the national public road system;
Note:The intelligent access map may not include some private roads;
"Intelligent Access Program" has the meaning given in section 223;
"law-enforcement purposes" means the purposes of investigating or prosecuting an offence (whether summary or indictable and whether against the law of Victoria or of another jurisdiction);
"malfunction" of an approved intelligent transport system has the meaning given in sub-section (2);
"mass, dimension or load restraint concession" means an exemption granted by the Corporation (whether in the form of a permit, notice or other exemption) under which a vehicle is permitted to be used on a highway—
(a)at a mass, or with a dimension, that is greater than the mass or dimension limit imposed by or under this Act; or
(b)with the load restrained in a manner other than the manner that is required by or under this Act;
"non-compliance" means contravention by an IAP vehicle of an IAP condition;
"non-compliance report" means a report, generated by an approved intelligent transport system, of non-compliance;
"personal information" means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;
"tampering" with an approved intelligent transport system, means conduct prohibited by section 264;
"tampering report" means a report under section 241;
"TCA" means Transport Certification Australia Ltd ACN 113 379 936.
(2)An approved intelligent transport system "malfunctions" if—
(a)it ceases to work at all, or works only intermittently; or
(b)it does not perform one or more functions required under the IAP, or performs any such function only intermittently; or
(c)it performs such a function in such a way that the results of its doing so are inaccurate or unreliable (including intermittently inaccurate or unreliable).
(3)A reference in a provision of this Part to an approved form is a reference to the form approved by the Corporation for the purposes of the provision.
226.Other means of enforcement not excluded
Nothing in this Part has the effect of preventing or excluding any other method of enforcement of a road or transport law.
Division 2—Powers and Duties of Corporation in relation to IAP
227.What IAP conditions do
(1)An IAP condition—
(a)must specify at least one IAP road ("spatial data"); and
(b)may specify—
(i)periods during which IAP vehicles are permitted to use the specified IAP road ("temporal data"); and
(ii)maximum speeds at which IAP vehicles may travel during that use ("speed data"); and
(iii)any other condition of access to the IAP road (for example, a condition about mass limits); and
(c)may specify a period within which an approved intelligent transport system must generate, and send to the Corporation, a non-compliance report after the system detects a non-compliance with the condition by an IAP vehicle.
(2)If an IAP condition does not specify speed data, it is taken to authorise the use of IAP vehicles on the IAP road at any speed at which a non-IAP vehicle of the same class could be used on the IAP road.
(3)An IAP condition that specifies speed data does not authorise an IAP vehicle to travel at a speed in excess of a speed limit that applies to vehicles generally.
(4)If an IAP condition does not specify temporal data, it is taken to authorise the use of IAP vehicles on the IAP road at any time at which a non-IAP vehicle of the same class could be used on the IAP road.
(5)An IAP condition may require an IAP vehicle to be monitored whether or not it uses an IAP road.
228.Corporation may specify IAP conditions
(1)The Corporation may, on its own initiative or on the application of an operator, specify one or more IAP conditions with respect to a vehicle or class of vehicles in respect of which a mass, dimension or load restraint concession applies.
(2)The Corporation must publish notice in the Gazette of—
(a)an IAP condition specified on the Corporation's own initiative; and
(b)an IAP condition specified with respect to a class of vehicles.
(3)An IAP condition may be specified at the time the mass, dimension or load restraint concession is given or subsequently.
229.Issue of IAP identifiers
The Corporation may issue an IAP identifier for an IAP vehicle.
Division 3—Duties and Obligations of Operators of Vehicles
230.Offence—providing false or misleading information to IAP service provider
(1)The operator of an IAP vehicle is guilty of an offence if—
(a)the operator gives information to an IAP service provider with which the operator has entered into an IAP agreement; and
(b)the information is relevant to the operation of the vehicle; and
(c)the information is false or misleading in a material respect.
Penalty:100 penalty units, in the case of a corporation;
20 penalty units, in any other case.
(2)Without limiting sub-section (1)(b), information about an IAP condition that applies, or is capable of applying, to a vehicle is relevant to the operation of the vehicle.
(3)The operator of a vehicle is guilty of an offence if—
(a)the operator gives information to an IAP service provider; and
(b)the operator intends that the IAP service provider will enter into an IAP agreement with the operator in reliance on the information; and
(c)the information is false or misleading in a material respect.
Penalty:100 penalty units, in the case of a corporation;
20 penalty units, in any other case.
231.Operators' obligation to tell drivers about collection of personal information and other matters
(1)The operator of an IAP vehicle must take reasonable steps to tell the vehicle's driver, before the vehicle begins a journey—
(a)that the vehicle will be monitored by an IAP service provider; and
(b)what information will be collected by the IAP service provider; and
(c)the purposes for which that information is collected; and
(d)the persons and authorities to which information so collected may be disclosed; and
(e)the fact that the collection of the information is authorised by this Act; and
(f)the fact that the driver has the rights of reasonable access to, and of correction of, the information; and
(g)what he or she needs to do to exercise those rights; and
(h)the name and address of any IAP service provider that may collect the information.
Penalty:100 penalty units, in the case of a corporation;
20 penalty units, in any other case.
(2)The operator of an IAP vehicle must take reasonable steps to tell the vehicle's driver, before the vehicle begins a journey—
(a)about the driver's obligation under section 233; and
(b)how the driver can make the reports required by that obligation.
Penalty:100 penalty units, in the case of a corporation;
20 penalty units, in any other case.
(3)An operator may comply with sub-sections (1) and (2) by—
(a)placing a notice that gives the required information in a place in the vehicle's driving cab where it is clearly visible; or
(b)giving the required information to the driver in writing as part of a written contract of employment between the driver and the operator.
(4)The regulations may prescribe—
(a)a form of notice that may be used for the purposes of sub-section (3)(a); and
(b)for sub-section (3)(b), a standard form of words that may be used as part of a written contract of employment.
232.System malfunctions—duties of operators of IAP vehicles
(1)If the operator of an IAP vehicle becomes aware that an approved intelligent transport system fitted to the vehicle is malfunctioning, the operator must tell the Corporation about the malfunction immediately, in person or by radio, telephone, fax or email.
Penalty:60 penalty units, in the case of a corporation;
12 penalty units, in any other case.
(2)The operator must keep a written record of each report of a malfunction, including—
(a)the date, time and type of the malfunction, the date and time the operator became aware of the malfunction and the location of the vehicle concerned at the time of the malfunction; and
(b)the date and time of the report, the location of the vehicle at that time, the type of report and the name of the individual who made the report.
Penalty:60 penalty units, in the case of a corporation;
12 penalty units, in any other case.
Division 4—Duties of Vehicle Drivers
233.System malfunctions—drivers' duties
(1)If the driver of an IAP vehicle becomes aware that an approved intelligent transport system fitted to the vehicle is malfunctioning, the driver must tell the vehicle's operator about the malfunction immediately, in person or by radio, telephone, fax or email.
Penalty:12 penalty units.
(2)The driver must keep a written record of each report of a malfunction, including—
(a)the date, time and type of the malfunction, the date and time the driver became aware of the malfunction and the location of the vehicle concerned at the time of the malfunction; and
(b)the date and time of the report, the location of the vehicle at that time and the type of report.
Penalty:12 penalty units.
Division 5—Duties, Powers and Obligations of IAP Service Providers
234.IAP service providers' duties in regard to use and disclosure of information
An IAP service provider must not use or disclose IAP information otherwise than as required or authorised by or under this Act or any other law.
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
235.IAP service providers' powers to collect, store, use and disclose IAP information
(1)An IAP service provider may collect, store and use IAP information (including personal information) for compliance purposes.
(2)An IAP service provider may disclose IAP information (including personal information) to the Corporation, or to TCA, for compliance purposes.
(3)An IAP service provider may disclose to an inspector for law-enforcement purposes—
(a)a non-compliance report or a tampering report; or
(b)any other IAP information (including personal information), if so authorised by a warrant issued by a court.
Note:An IAP service provider has a separate obligation to make non-compliance reports and tampering reports to the Corporation—see sections 240 and 241.
(4)If an IAP service provider discloses IAP information to an inspector under sub-section (3)(b), the inspector must not disclose the information to any other person or use the information, unless—
(a)the inspector believes the disclosure or use is reasonably necessary for law-enforcement purposes; or
(b)the disclosure or use is otherwise authorised by or under this Act or any other law.
(5)With the consent of an IAP participant, an IAP service provider may disclose IAP information about the participant to a person other than the participant, or use IAP information about the participant, for any purpose if the information—
(a)does not identify any individual; and
(b)contains nothing by which the identity of any individual can reasonably be ascertained.
(6)An IAP service provider may disclose IAP information (except a non-compliance report or a tampering report) about an IAP participant to the participant.
(7)In addition, an IAP service provider may disclose or use IAP information (including personal information)—
(a)in the case of personal information, with the consent of the person to whom the personal information relates; or
(b)as otherwise authorised by or under this Act or any other law.
(8)An IAP service provider must give an IAP auditor access to any record kept by the IAP service provider for the purposes of this Act.
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
236.IAP service providers' duties in regard to recording, disclosure and use of information
(1)If an IAP service provider discloses or uses IAP information, the IAP service provider must make a record of the disclosure or use containing the following information—
(a)the name of the person who disclosed or used the IAP information;
(b)the date of the disclosure or use;
(c)in the case of a disclosure of IAP information, the person or body to whom or to which that information was disclosed;
(d)in the case of the use of IAP information by the IAP service provider, a brief description of how the information was used;
(e)the provision of this Act or another law that authorised the disclosure or use;
(f)if the authority for the disclosure or use also required a document (for example, a warrant, a certificate or a consent), a copy of the document.
(2)The IAP service provider must make the record within 5 business days after the relevant disclosure or use.
(3)The IAP service provider must make the record in a form that allows the record to be readily inspected.
(4)The IAP service provider must retain the record for 2 years.
(5)An IAP service provider is guilty of an offence if the IAP service provider does not comply with a requirement of any of sub-sections (1) to (4).
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
237.IAP service providers' obligations in regard to quality and security of IAP information
(1)An IAP service provider must take reasonable steps to ensure that the IAP information the IAP service provider collects—
(a)is necessary for, or is directly related to, the purpose for which it is collected, or a directly related purpose; and
(b)is not excessive for that purpose; and
(c)is accurate, up-to-date and complete.
(2)An IAP service provider must take reasonable steps to ensure that the collection of IAP information does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates.
(3)If an individual (including an individual who is an IAP participant) about whom an IAP service provider holds personal information so requests, the IAP service provider must make appropriate alterations to the personal information to ensure that the information is accurate, complete, up-to-date and not misleading.
(4)If the IAP service provider considers that the personal information the subject of such a request is not inaccurate, incomplete, out-of-date or misleading, the IAP service provider may refuse to comply with the request, but must then—
(a)give the individual a statement in writing of the IAP service provider's reasons for refusing; and
(b)if the individual so requests, attach to, or include with, the information a statement by the individual concerning his or her views as to the accuracy, completeness, currency or effect of the personal information.
(5)An IAP service provider is guilty of an offence if the IAP service provider does not comply with a requirement of any of sub-sections (1) to (4).
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
238.IAP service providers' obligations to keep records of monitoring
(1)An IAP service provider must keep a record of the IAP information that the IAP service provider collects that is organised in a way that allows the record to be conveniently and properly audited.
(2)An IAP service provider must keep—
(a)a copy of a non-compliance report; and
(b)the data relied on to generate the report—
for at least 4 years after the report is made by the IAP service provider.
(3)An IAP service provider must take reasonable steps to protect IAP information collected by the IAP service provider against unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure.
(4)An IAP service provider must take reasonable steps to destroy IAP information (including personal information), other than information required by sub-section (2) to be kept, one year after the information is collected.
(5)An IAP service provider is guilty of an offence if the IAP service provider does not comply with a requirement of any of sub-sections (1) to (4).
Penalty:100 penalty units, in the case of a corporation;
20 penalty units, in any other case.
239.IAP service providers' obligation to make individuals aware of personal information held
(1)An IAP service provider must prepare, and make publicly available, a document that sets out the IAP service provider's policies on the management of information.
(2)If an individual about whom an IAP service provider holds personal information so requests, the IAP service provider must, subject to sub-section (4), take reasonable steps to inform the individual of—
(a)the kinds of information the IAP service provider holds about him or her; and
(b)the purpose for which the information is held; and
(c)the fact that the holding of the information is authorised by this Act; and
(d)the way in which the IAP service provider collects, holds, uses and discloses the information; and
(e)the persons and authorities to whom or to which the information may be disclosed; and
(f)the fact that he or she has the rights of reasonable access to, and of correction of, the information; and
(g)what he or she needs to do to exercise those rights.
(3)Subject to sub-section (4), an IAP service provider must, on request by an individual about whom the IAP service provider holds personal information, give the individual access to the information as soon as practicable after receiving the request.
(4)Nothing in sub-section (2) or (3) requires an IAP service provider—
(a)to inform an individual that a non-compliance report or a tampering report exists or has been made; or
(b)to give an individual access to such a report.
(5)An IAP service provider must not charge an individual for access to information under sub-section (3) except for any costs reasonably incurred by the IAP service provider in giving access to the information.
(6)An IAP service provider is guilty of an offence if the IAP service provider does not comply with a requirement of any of sub-sections (1), (2) or (3).
Penalty:100 penalty units, in the case of a corporation;
20 penalty units, in any other case.
240.IAP service providers' obligation to make non-compliance reports
(1)An IAP service provider is guilty of an offence if the IAP service provider—
(a)knows of—
(i)a breach by an IAP participant of an IAP condition; or
(ii)anything that indicates that an IAP participant may have breached such a condition; and
(b)does not make a non-compliance report that complies with sub-section (2) to the Corporation within the time allowed, in the circumstances, under sub-section (3).
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
(2)A non-compliance report—
(a)must be in the form approved for the purpose by TCA; and
(b)must contain any information required by the IAP service provider's certification; and
(c)may include information, about apparent tampering with an approved intelligent transport system, electronically generated by the system itself.
(3)The IAP service provider must make the report—
(a)within any time specified in the relevant IAP condition; or
(b)within any time specified by the Corporation (by written direction) for the purpose.
(4)For the purposes of this section, an IAP service provider is taken to know of a breach of an IAP condition if the IAP service provider's monitoring equipment has detected the breach.
241.IAP service providers' obligation to report tampering
(1)If an IAP service provider knows, or has reasonable grounds to suspect, that intelligent transport system equipment has been tampered with, the IAP service provider must report that fact, in accordance with sub‑section (2), to the Corporation within 5 business days.
(2)A tampering report—
(a)must be in the form approved for the purpose by TCA; and
(b)must contain any information required by the IAP service provider's certification.
(3)If an IAP service provider knows, or has reasonable grounds to suspect, that approved intelligent transport system equipment has been tampered with, the IAP service provider must not disclose to any person other than the Corporation—
(a)that the IAP service provider has that knowledge or suspicion; or
(b)any information from which the person to whom the disclosure is made could reasonably infer that the IAP service provider has that knowledge or suspicion.
(4)If an IAP service provider has made a tampering report to the Corporation, the IAP service provider must not disclose to any person other than the Corporation—
(a)that the report has been made; or
(b)any information from which the person to whom the disclosure is made could reasonably infer that the IAP service provider has made such a report.
(5)An IAP service provider is guilty of an offence if the IAP service provider does not comply with a requirement of any of sub-sections (1) to (4).
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
(6)In this section, a reference to knowledge or suspicion does not include knowledge or suspicion resulting only from—
(a)a report, contained in a non-compliance report or otherwise made by an approved intelligent transport system, of the electronic detection of apparent tampering with that system; or
(b)the analysis of data produced by such a system.
242.Offence—IAP service provider providing false or misleading information to Corporation or TCA
An IAP service provider is guilty of an offence if—
(a)the IAP service provider gives information to the Corporation or TCA; and
(b)the information is relevant to the operation of an IAP vehicle; and
(c)the information is false or misleading in a material respect.
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
Division 6—Functions, Duties, Powers and Obligations of TCA
243.Functions of TCA
For the purposes of this Act, the functions of TCA are—
(a)to manage the certification and audit regime for the IAP; and
(b)to certify and audit, and cancel the certification of, IAP service providers; and
(c)to appoint and co-ordinate IAP auditors.
244.TCA's duties in regard to disclosure and use of information
(1)TCA must not disclose or use IAP information unless it first takes reasonable steps to ensure that, having regard to the purpose for which the information is to be disclosed or used, the information is accurate, complete, up-to-date and not misleading.
(2)Subject to sections 245, 246 and 247, TCA must not disclose or use information for a purpose other than the purpose for which it collected the information.
(3)TCA must not use information relating to a particular IAP participant, or disclose that information other than to—
(a)the participant; or
(b)an IAP auditor; or
(c)the Corporation—
unless the use or disclosure is authorised by or under this Act or any other law.
(4)TCA must not disclose information relating to a breach of an IAP service provider's obligations except to—
(a)the Corporation; or
(b)an IAP auditor.
(5)If TCA discloses or uses IAP information (other than disclosure or use for law enforcement purposes), TCA must make a record of the disclosure or use containing the following information—
(a)the name of the person who disclosed or used the IAP information;
(b)the date of the disclosure or use;
(c)in the case of a disclosure of IAP information, the person or body to whom or to which the information was disclosed;
(d)in the case of the use of IAP information by TCA, a brief description of how the information was used;
(e)the provision of this Act or another law that authorised the disclosure or use;
(f)if the authority for the disclosure or use also required a document (for example, a warrant, a certificate or a consent), a copy of the document.
(6)TCA must make the record within 5 business days after the relevant disclosure or use.
(7)TCA must make the record in a form that allows the record to be readily inspected.
(8)TCA must retain the record for 2 years.
245.TCA's powers to collect, store, use and disclose IAP information
(1)TCA may collect, store, use and disclose IAP information (including personal information) for the performance of its functions and for law-enforcement purposes.
(2)With the consent of an IAP participant, TCA may disclose or use IAP information about the participant for any purpose if the information—
(a)does not identify any individual; and
(b)contains nothing by which the identity of any individual can reasonably be ascertained.
(3)TCA may disclose or use IAP information (including personal information)—
(a)in the case of personal information, with the consent of the person to whom the personal information relates; or
(b)as otherwise authorised by or under this Act or any other law.
246.Disclosure of information for law-enforcement purposes etc.
(1)TCA may disclose to an inspector for law‑enforcement purposes—
(a)a non-compliance report or a tampering report; or
(b)any other IAP information (including personal information), if so authorised by a warrant issued by a court.
(2)If TCA discloses information to an inspector under sub-section (1)(b), the inspector must not disclose the information to any other person or use the information, unless—
(a)the inspector believes the disclosure or use is reasonably necessary for law‑enforcement purposes; or
(b)the disclosure or use is otherwise authorised by or under this Act or any other law.
247.Use of information for research
TCA may use or disclose information for research purposes, but only if the information contains no personal information.
248.TCA's obligations in regard to collecting IAP information
(1)TCA must take reasonable steps to ensure that IAP information that it collects—
(a)is necessary for, or is directly related to, the purpose for which it is collected, or a directly related purpose; and
(b)is not excessive for that purpose; and
(c)is accurate, up-to-date and complete.
(2)TCA must take reasonable steps to ensure that the collection of IAP information does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates.
249.TCA's obligation to keep information secure
(1)TCA must take reasonable steps to protect IAP information collected by it against unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure.
(2)Subject to sections 244 and 251, after IAP information (including personal information) collected by TCA has been held for one year, TCA must take reasonable steps to—
(a)destroy the information; or
(b)permanently remove anything from the information by which an individual can be identified.
(3)Sub-section (2) does not apply for so long as the IAP information is required as evidence.
250.TCA's obligation to make individuals aware of personal information held
(1)TCA must prepare, and make publicly available, a document that sets out its policies on the management of information.
(2)If an individual so requests, TCA must, subject to sub-section (4), take reasonable steps to inform the individual of—
(a)the kinds of information it holds about him or her; and
(b)the purpose for which the information is held; and
(c)the way in which it collects, holds, uses and discloses the information; and
(d)the persons and authorities to whom or to which the information may be disclosed; and
(e)the fact that the collection of the information is authorised by this Act; and
(f)the fact that he or she has the rights of reasonable access to, and of correction of, the information; and
(g)what he or she needs to do to exercise those rights.
(3)Subject to sub-section (4), TCA must, on request by an individual about whom TCA holds personal information, give the individual access to the information as soon as practicable after receiving the request.
(4)Nothing in sub-section (2) or (3) requires TCA—
(a)to inform an individual that a non-compliance report or a tampering report exists or has been made; or
(b)to give an individual access to such a report.
(5)TCA must not charge an individual for access to information under sub-section (3) except for any costs reasonably incurred by TCA in giving access to the information.
251.TCA's obligation to keep records of transactions
(1)TCA must keep and retain records, in accordance with this section, of its transactions with the Corporation, IAP service providers and IAP auditors.
(2)The records must be organised in such a way as will enable them to be conveniently and properly audited.
(3)TCA must keep a non-compliance report for at least 4 years after its receipt.
(4)TCA must retain any other record referred to in sub-section (1) for at least one year after the record is made.
252.TCA's obligation to correct errors etc.
(1)TCA must take reasonable steps to ensure that personal information that it collects is accurate, complete, up-to-date and not misleading.
(2)If so requested by an IAP participant or an IAP service provider, TCA must make appropriate alterations to any personal information it holds to ensure that the information is accurate, complete, up-to-date and not misleading.
(3)If TCA considers that personal information the subject of a request under sub-section (2) is not inaccurate, incomplete, out-of-date or misleading, it may refuse to comply with the request, but must then—
(a)give the IAP participant or IAP service provider a written statement of its reasons for refusing; and
(b)if the IAP participant or IAP service provider so requests, attach to, or include with, the information a statement by the participant or provider concerning their views as to the accuracy, completeness, currency or effect of the personal information.
253.TCA's obligation to report tampering
(1)If TCA knows, or has reasonable grounds to suspect, that intelligent transport system equipment has been tampered with, TCA must report that fact to the Corporation within 5 business days.
(2)If TCA knows, or has reasonable grounds to suspect, that approved intelligent transport system equipment has been tampered with, TCA must not disclose to any person other than the Corporation—
(a)that TCA has that knowledge or suspicion; or
(b)any information from which the person to whom the disclosure is made could reasonably infer that TCA has that knowledge or suspicion.
(3)If TCA has made a report to the Corporation of apparent tampering or suspicion of tampering, TCA must not disclose to any person other than the Corporation—
(a)that the report has been made; or
(b)any information from which the person to whom the disclosure is made could reasonably infer that TCA has made such a report.
(4)In this section, a reference to knowledge or suspicion does not include knowledge or suspicion resulting only from—
(a)electronic detection, by an approved intelligent transport system, of apparent tampering with that system; or
(b)the analysis of data produced by such a system.
Division 7—Duties, Powers and Obligations of IAP Auditors
254.IAP audit and IAP auditors
(1)IAP audit is the process of—
(a)reviewing IAP information held by an IAP service provider to determine its completeness and reliability; and
(b)reviewing the processes by which that information was collected; and
(c)examining how it is stored, used and disclosed; and
(d)examining IAP equipment installed in a vehicle or used by an IAP service provider.
(2)TCA may appoint as many persons as are necessary as IAP auditors for the purposes of this Part.
255.IAP auditors' duties in regard to disclosure and use of information
(1)An IAP auditor must not disclose or use IAP information unless the auditor first takes reasonable steps to ensure that, having regard to the purpose for which the information is to be disclosed or used, the information is accurate, complete, up-to-date and not misleading.
(2)An IAP auditor must not disclose or use information for a purpose other than the purpose for which the auditor collected the information.
(3)An IAP auditor must not use information relating to a particular IAP participant, or disclose that information other than to—
(a)the participant; or
(b)TCA; or
(c)the Corporation—
unless the use or disclosure is authorised by or under this Act or any other law.
(4)An IAP auditor must not disclose information relating to non-compliance or tampering except to—
(a)the Corporation; or
(b)TCA.
(5)If an IAP auditor discloses or uses IAP information (other than disclosure or use for law-enforcement purposes), the IAP auditor must make a record of the disclosure or use containing the following information—
(a)the name of the person who disclosed or used the IAP information;
(b)the date of the disclosure or use;
(c)in the case of a disclosure of IAP information, the person or body to whom or to which the information was disclosed;
(d)in the case of the use of IAP information by the IAP auditor, a brief description of how the information was used;
(e)the provision of this Act or another law that authorised the disclosure or use;
(f)if the authority for the disclosure or use also required a document (for example, a warrant, a certificate or a consent), a copy of the document.
(6)The IAP auditor must make the record within 5 business days after the relevant disclosure or use.
(7)The IAP auditor must make the record in a form that allows the record to be readily inspected.
(8)The IAP auditor must retain the record for 2 years.
(9)An IAP auditor is guilty of an offence if the IAP auditor does not comply with a requirement of any of sub-sections (1) to (8).
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
256.IAP auditors' powers to collect, store, use and disclose IAP information
(1)An IAP auditor may collect, store, use and disclose IAP information (including personal information) for—
(a)the performance of the IAP auditor's functions; or
(b)to report, to TCA, non-compliance or tampering by an IAP participant; or
(c)to report, to TCA, tampering by an IAP service provider, or a failure by an IAP service provider to comply with the provider's obligations.
(2)An IAP auditor may use or disclose IAP information (including personal information)—
(a)in the case of personal information, with the consent of the person to whom the personal information relates; or
(b)as otherwise authorised by or under this Act or any other law.
257.IAP auditors' obligations in regard to collecting IAP information
(1)An IAP auditor may collect IAP information that is reasonably necessary to enable the auditor to prepare an audit report on an IAP service provider.
(2)An IAP auditor must take reasonable steps to ensure that IAP information that the IAP auditor collects—
(a)is necessary for, or is directly related to, the purpose for which it is collected, or a directly related purpose; and
(b)is not excessive for that purpose; and
(c)is accurate, up-to-date and complete.
(3)An IAP auditor must take reasonable steps to ensure that the collection of IAP information does not intrude to an unreasonable extent on the personal privacy of any individual to whom the information relates.
(4)An IAP auditor is guilty of an offence if the IAP auditor does not comply with a requirement of any of sub-sections (1), (2) or (3).
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
258.IAP auditors' obligation to keep information secure
(1)An IAP auditor must take reasonable steps to protect IAP information collected by the IAP auditor against unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure.
(2)An IAP auditor must take reasonable steps to destroy personal information no longer needed for IAP purposes, or remove permanently from such information anything by which an individual can be identified.
(3)An IAP auditor is guilty of an offence if the IAP auditor does not comply with a requirement of sub‑section (1) or (2).
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
259.IAP auditors' obligation to make individuals aware of personal information held
(1)If an individual so requests, an IAP auditor must take reasonable steps to inform the individual of—
(a)the kinds of information the IAP auditor holds about him or her; and
(b)the purpose for which the information is held; and
(c)the way in which the IAP auditor collects, holds, uses and discloses the information; and
(d)the persons and authorities to whom or to which the information may be disclosed; and
(e)the fact that that the collection of the information is authorised by this Act; and
(f)the fact that he or she has the rights of reasonable access to, and of correction of, the information; and
(g)what he or she needs to do to exercise those rights.
(2)An IAP auditor must, on request by an individual about whom the IAP auditor holds personal information, give the individual access to the information as soon as practicable after receiving the request.
(3)An IAP auditor must not charge an individual for access to information under sub-section (2) except for any costs reasonably incurred by the auditor in giving access to the information.
(4)An IAP auditor is guilty of an offence if the IAP auditor does not comply with a requirement of sub‑section (1) or (2).
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
260.IAP auditors' obligation to keep records of transactions
(1)An IAP auditor must keep and retain records, in accordance with this section, of the IAP auditor's transactions with IAP service providers and TCA.
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
(2)The records must be organised in such a way as will enable them to be conveniently and properly audited.
261.IAP auditors' obligation to correct errors etc.
(1)An IAP auditor must take reasonable steps to ensure that information that the IAP auditor collects is accurate, complete, up-to-date and not misleading.
(2)If so requested by an IAP participant or an IAP service provider, an IAP auditor must make appropriate alterations to any information the IAP auditor holds to ensure that the information is accurate, complete, up-to-date and not misleading.
(3)If the IAP auditor considers that the information the subject of such a request is not inaccurate, incomplete, out-of-date or misleading, the IAP auditor may refuse to comply with the request, but must then—
(a)give the IAP participant or IAP service provider a statement in writing of the IAP auditor's reasons for refusing; and
(b)if the IAP participant or IAP service provider so requests, attach to, or include with, the information a statement by the participant or provider concerning their views as to the accuracy, completeness, currency or effect of the personal information.
(4)An IAP auditor is guilty of an offence if the IAP auditor does not comply with a requirement of any of sub-sections (1), (2) or (3).
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
262.IAP auditors' obligation to report breaches by IAP service providers
If an IAP auditor knows of a breach by an IAP service provider of the provider's obligations under this Act, or of anything that indicates that an IAP service provider may have breached such an obligation, the IAP auditor must, as soon as practicable, report that fact to TCA.
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
263.IAP auditors' obligation to report tampering
If an IAP auditor knows, or has reasonable grounds to suspect, that intelligent transport system equipment has been tampered with, the IAP auditor must, as soon as practicable, report that fact to—
(a)in the case of tampering or suspected tampering by an IAP participant—the Corporation; or
(b)in the case of tampering or suspected tampering by an IAP service provider—TCA.
Penalty:200 penalty units, in the case of a corporation;
40 penalty units, in any other case.
Division 8—Tampering with Approved Intelligent Transport System
264.Offence—tampering with approved intelligent transport system
(1)A person is guilty of an offence if—
(a)the person engages in conduct that has the result that—
(i)the system is altered; or
(ii)the system is installed or used in a way that is not in accordance with the conditions of its certification by TCA; or
(iii)any data instruction that the system uses internally is altered; and
(b)the person does so with the intention of causing the system to—
(i)fail to collect IAP information, or fail to collect that information correctly; or
(ii)fail to store IAP information, or fail to store that information correctly; or
(iii)fail to report IAP information, or fail to report that information correctly.
Penalty:1000 penalty units, in the case of a corporation;
200 penalty units, in any other case.
(2)A person is guilty of an offence if the person—
(a)engages in conduct; and
(b)is reckless as to whether, or negligently fails to consider whether, as a result of the conduct, the system may—
(i)fail to collect IAP information, or fail to collect that information correctly; or
(ii)fail to store IAP information, or fail to store that information correctly; or
(iii)fail to report IAP information, or fail to report that information correctly.
Penalty:500 penalty units, in the case of a corporation;
100 penalty units, in any other case.
(3)For the purposes of this section—
(a)a system "fails" if it does not perform as intended in terms of accuracy, timeliness, reliability, verifiability or any other performance parameter; and
(b)"fail" includes fail permanently, fail temporarily, fail on a particular occasion or occasions, and fail in particular circumstances.
Division 9—Evidence
265.Definition and application
(1)In this Division—
"at a specified time" includes on a specified date and during a specified period.
(2)This Division is intended to supplement, rather than to limit, section 84.
266.Certificates by the Corporation
A certificate purporting to be issued by the Corporation stating any of the following—
(a)that a specified IAP condition was in effect for a specified IAP participant at a specified time;
(b)that a specified person is, or was at a specified time, an IAP participant;
(c)that a specified IAP condition applied to a specified IAP vehicle at a specified time;
(d)that a specified vehicle is, or was at a specified time, an IAP vehicle;
(e)that a specified IAP participant is, or was at a specified time, the operator of a specified IAP vehicle;
(f)that a specified non-compliance report, tampering report or IAP auditor's report was received at a specified time, or has not been received;
(g)that no report of a malfunction has been received, or had been received at a specified time, by the Corporation in relation to an approved intelligent transport system fitted to a specified IAP vehicle;
(h)that a report of a specified malfunction was received at a specified time, or has not been received;
(i)that a specified form is an approved form for a specified purpose—
is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in it.
267.Certificate as to intelligent access map
(1)TCA may certify in writing that a particular map is the intelligent access map as issued by TCA at a specified time.
(2)The map may be in the form of an electronic data file.
(3)A certificate under sub-section (1) is admissible in evidence in any proceedings and is conclusive evidence of the matters stated in it.
(4)The intelligent access map, as issued by TCA at a particular time, is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) to be a correct representation of the national road network at the time of its issue.
(5)A document purporting to be a certificate under sub-section (1) is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) to be what it purports to be.
(6)The person who signed such a document is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) to have been authorised by TCA to do so.
268.Other certificates by TCA
A certificate purporting to be issued by TCA stating any of the following—
(a)that a particular intelligent transport system is, or was at a specified time, an approved intelligent transport system;
(b)that on a specified date a specified person was or was not an IAP service provider or an IAP auditor—
is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in it.
269.Presumption of correct operation
The equipment and software that make up an approved intelligent transport system are presumed (unless evidence sufficient to raise doubt about the presumption is adduced) to have operated correctly on any particular occasion.
270.Evidence as to vehicle's position
A statement of a vehicle's position on the surface of the earth at a particular time, in a non-compliance report or otherwise generated or produced by means of an approved intelligent transport system, is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) to be a correct statement of the vehicle's position at the time.
271.IAP information generated etc. by approved intelligent transport system
(1)IAP information generated by an approved intelligent transport system is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) to have been correctly generated.
(2)IAP information recorded by an approved intelligent transport system is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) to have been correctly recorded.
(3)IAP information stored by an approved intelligent transport system is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) not to be changed by that storage.
(4)If it is established that some of such IAP information has been changed by being so stored, the presumption in sub-section (3) continues to apply to any other IAP information so stored.
272.Reports by approved intelligent transport system
(1)A document purporting to be a non-compliance report, or a report under section 241, made by an approved intelligent transport system—
(a)is admissible in evidence in any proceedings; and
(b)in the absence of evidence to the contrary, is proof of the matters stated in it; and
(c)is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) to be a correct report of information generated and recorded by the system.
(2)A document purporting to be a report made by an approved intelligent transport system setting out IAP information—
(a)is admissible in evidence in any proceedings; and
(b)in the absence of evidence to the contrary, is proof of the matters stated in it; and
(f)the costs of any relocation or rectification of the Utility infrastructure and how those costs are to be apportioned between the Link corporation and the Utility;
(g)the certification by the Utility of works affecting Utility infrastructure;
(h)the compensation to be paid for—
(i)any disruption to the functions performed by the Utility; or
(ii)any disruption to the functions or obligations of the Link corporation; or
(iii)any pecuniary loss sustained or any expense incurred by the Utility as a direct, natural and reasonable consequence of the issue of the construction permit under Division 4.
(2)An agreement that provides for any other matter is not a Utility agreement for the purposes of this Subdivision.
51.Requirements for Utility agreements
(1)A Utility agreement must be in writing.
(2)A Utility agreement must not be inconsistent with—
(a)this Act; or
(b)the Agreement; or
(c)the Integration and Facilitation Agreement; or
(d)the Exhibition Street Extension Agreement.
(3)A Utility agreement that does not comply with sub-section (2) is of no effect to the extent of the inconsistency.
(4)If a Utility agreement provides for standards in relation to a matter in accordance with section 50(1)(e), those standards are to apply in relation to that matter despite anything to the contrary in any other Act or law, once the Utility agreement takes effect.
52.Utility agreements must be approved by the Roads Corporation
A Utility agreement is of no effect unless it is approved by the Roads Corporation.
53.Utility agreement may be amended
(1)An approved Utility agreement may be amended by agreement between the Link corporation and the Utility.
(2)An amendment of an approved Utility agreement is of no effect unless it is approved by the Roads Corporation.
(3)In this section, "amended" includes varied, added to, substituted, cancelled or revoked.
Subdivision 4—Notified Utility Infrastructure
54.Duty to identify Utility infrastructure
Before Link Upgrade construction work commences on land in the Link Upgrade construction area, the Link corporation must take all reasonable steps to identify all Utility infrastructure in, on, over or under that land that may be affected by the Link Upgrade construction work.
55.Link corporation to give notice
(1)Before Link Upgrade construction work commences on land in the Link Upgrade construction area, the Link corporation must give notice of the proposed Link Upgrade construction work in accordance with this section.
(2)The notice must—
(a)be published in the Government Gazette; and
(b)be given in writing to each Utility that the Link corporation is aware owns or operates Utility infrastructure in the Link Upgrade construction area.
(3)The notice must require Utilities with Utility infrastructure in the Link Upgrade construction area to notify the Link corporation in writing within 30 business days after the publication or giving of the notice (whichever is the later)—
(a)setting out the nature and location of the Utility infrastructure; and
(b)stating whether or not the Utility believes that the Utility infrastructure will be affected by the Link Upgrade construction work.
(4)The Link corporation is not required to give a notice to a Utility under sub-section (2)(b) in relation to particular Utility infrastructure if an approved Utility agreement exists with that Utility in relation to that Utility infrastructure.
56.Duty of Utility to give notice
A Utility must, within the time required in the notice given under section 55, give notice in writing to the Link corporation—
(a)setting out the nature and location of the Utility infrastructure of the Utility in the Link Upgrade construction area; and
(b)stating whether or not the Utility believes that the Utility infrastructure will be affected by the Link Upgrade construction work.
56A.Copies of notices to be given to Roads Corporation
(1)The Link corporation must give the Roads Corporation a copy of each notice given under section 55 as soon as practicable and not more than 7 days after the notice is given.
(2)The Link corporation must give the Roads Corporation a copy of each notice received by the Link corporation under section 56 as soon as practicable and not more than 7 days after receiving that notice.
56B.Link corporation to consult and seek agreement
(1)After complying with section 55 and before Link Upgrade construction work commences on land in the Link Upgrade construction area, the Link corporation must consult with any Utility that the Link corporation is aware owns or operates Utility infrastructure in the Link Upgrade construction area that may be affected by the Link Upgrade construction work.
(2)In consulting under sub-section (1), the Link corporation and the Utility must make all reasonable efforts to reach agreement in accordance with Subdivision 3.
(3)This section does not apply to Utility infrastructure if the Link corporation has already reached an agreement with the Utility under Subdivision 3 in respect of that Utility infrastructure.
56C.Referral to Ministers for determination if no agreement
If an agreement has not been reached with a Utility under Subdivision 3 within 50 business days after the Utility gives notice to the Link corporation under section 56, the Link corporation may refer the matters under negotiation to the Minister and the Utility Minister for determination under Subdivision 7.
56D.Power of Minister to direct Utility
(1)The Minister, after consultation with the Utility Minister, may direct a Utility to carry out works in the Link Upgrade construction area.
(2)The Minister may only give a direction under sub-section (1) if it is necessary to implement the matters provided for in an approved Utility agreement or a determination under Subdivision 7.
(3)Without limiting sub-section (1), a direction under this section may specify a period within which works required under the approved Utility agreement or determination must be performed even if this is a different period from any period provided for in the approved Utility agreement or determination.
56E.Direction to Link corporation
(1)The Link corporation may apply to the Minister for a direction under this section if—
(a)a Utility has not completed the works required by a direction under section 56D within the period specified in the direction; or
(b)the Link corporation believes on reasonable grounds that the works required by a direction under section 56D will not be completed within the period specified in the direction.
(2)On an application under this section, the Minister, after consultation with the Utility Minister, may direct the Link corporation to carry out or complete the works required by the relevant direction under section 56D.
(3)Without limiting sub-section (2), a direction under this section may specify a period within which the works must be performed even if this is a different period from any period provided for in the approved Utility agreement or determination or the relevant direction under section 56D.
(4)If the Link corporation complies under a direction under this section with a requirement imposed on a Utility or any other person, the Utility or other person is not required to comply with that requirement.
56F.Requirements for directions
(1)A direction under section 56D or 56E must be in writing.
(2)A direction must not cause unreasonable delay or add unreasonable cost to the Link Upgrade Project.
(3)Subject to this section, a direction must not be inconsistent with—
(a)this Act; or
(b)the Agreement; or
(c)the Integration and Facilitation Agreement; or
(d)the Exhibition Street Extension Agreement.
56G.Direction to prevail over requirement to consent
(1)A direction under section 56D or 56E prevails over any provision of any other Act or law that requires the Utility to consent to the carrying out of the work that is subject to the direction.
(2)If a direction provides for compliance with a standard in relation to a matter, that standard applies in relation to that matter despite anything to the contrary in any other Act or law.
Subdivision 5—Unnotified Utility Infrastructure
56H.Duties of Link corporation
If the Link corporation or the holder of a construction permit discovers unnotified Utility infrastructure while Link Upgrade construction work is being carried out, the Link corporation must—
(a)take all reasonable steps to identify the Utility that owns or operates that Utility infrastructure; and
(b)give notice of the Utility infrastructure to—
(i)the Road Corporation; and
(ii)the relevant Utility Minister.
56I.Link corporation to give notice
(1)If the Link corporation has identified the Utility that owns or operates unnotified Utility infrastructure, the Link corporation must give the Utility notice of the Link Upgrade construction work in accordance with this section.
(2)The notice must—
(a)be in writing; and
(b)request the Utility to advise the Link corporation within 2 business days as to whether the Utility infrastructure is still operational or, if it is not operational, whether it is redundant; and
(c)request the Utility within 2 business days—
(i)to agree to authorise the Link corporation to remove the Utility infrastructure, if it is redundant; or
(ii)to agree to the relocation of the Utility infrastructure; or
(iii)to request the Link corporation to preserve the Utility infrastructure and agree to pay any costs incurred by the Link corporation as a result of any delay caused by preserving that infrastructure.
56J.Utility agreement may be entered into
The Link corporation and the Utility may enter into an agreement under Subdivision 3 with respect to any matter referred to in section 56I(2)(c).
56K.Notice to Minister if Utility cannot be found or fails to respond
The Link corporation may notify the Minister and the Roads Corporation if—
(a)a Utility fails to comply with a request under section 56I within 2 business days after being given a notice under that section; or
(b)the Link corporation is unable to identify the Utility that owns or operates unnotified Utility infrastructure within 2 business days after the discovery of the infrastructure.
56L.Minister may direct Utility to carry out works
(1)The Minister, after consultation with the Utility Minister, may direct a Utility that is given notice under section 56I to carry out works in the Link Upgrade construction area.
(2)The Minister must give a direction under sub-section (1) if it is necessary to give effect to—
(a)the Agreement; or
(b)the Integration and Facilitation Agreement; or
(c)the Exhibition Street Extension Agreement.
(3)This section does not apply to the carrying out of works if an approved Utility agreement exists in respect of those works.
(4)A direction under this section may specify—
(a)the manner in which and the standard to which the direction must be complied with; and
(b)the period (being not less than 28 days) within which the direction must be complied with.
(5)If a direction under this section provides for compliance with a standard in relation to a matter that standard is to apply in relation to that matter despite anything to the contrary in any other Act or law.
56M.Direction to Link corporation after notice to Minister
(1)The Minister, after consultation with the Utility Minister, may give a direction under this section if—
(a)the Link corporation has given the Minister notice under section 56K; and
(b)the Minister considers that a delay in relocating or reinstating the Utility infrastructure—
(i)would be contrary to the public interest; or
(ii)would, in all the circumstances, be unreasonable.
(2)A direction under sub-section (1)—
(a)may direct the Link corporation to relocate, rectify or otherwise deal with the Utility infrastructure; and
(b)may direct the Link corporation to comply with specified standards (including safety, operational and accreditation standards) that are to apply to the relocation or rectification of the Utility infrastructure; and
(c)may direct the Link corporation to comply with any safety or technical requirements imposed by law in respect of the carrying out of the required works (including any requirements imposed on the Utility or any other person specified in the direction in respect of those works) that are not inconsistent with—
(i)the Agreement; or
(ii)the Integration and Facilitation Agreement; or
(iii)the Exhibition Street Extension Agreement; and
(d)must direct the Link corporation to take reasonable care and take all reasonable steps to minimise damage to the Utility infrastructure and disruption to the infrastructure services.
(3)If a direction directs the Link corporation, under sub-section (2)(b), to comply with specified standards in relation to a matter, those standards are to apply in relation to that matter despite anything to the contrary in any other Act or law.
56N.Direction to Link corporation after application to Minister
(1)The Link corporation may apply to the Minister for a direction under this section if—
(a)a Utility has not completed the works required by a direction under section 56L within the period specified in the direction; or
(b)the Link corporation believes on reasonable grounds that the works required by a direction under section 56L will not be completed within the period specified in the direction.
(2)On an application under this section, the Minister, after consultation with the Utility Minister, may direct the Link corporation to carry out or complete the works required by the relevant direction under section 56L.
(3)Without limiting sub-section (2), a direction under this section may specify a period within which the works must be performed even if this is a different period from any period provided for in the relevant direction under section 56L.
(4)If the Link corporation complies under a direction under this section with a requirement imposed on a Utility or any other person, the Utility or other person is not required to comply with that requirement.
56O.Requirements for directions
(1)A direction under section 56L, 56M or 56N must be in writing.
(2)The Minister must ensure that a direction under section 56L, 56M or 56N does not cause unreasonable delay or add unreasonable cost to the Link Upgrade Project.
(3)Subject to this section, a direction under section 56L, 56M or 56N must not be inconsistent with—
(a)this Act; or
(b)the Agreement; or
(c)the Integration and Facilitation Agreement; or
(d)the Exhibition Street Extension Agreement.
56P.Direction to prevail over requirement to consent
A direction under section 56M or 56N prevails over any provision of any other Act that requires the Utility to consent to the carrying out of the work that is subject to the direction.
Subdivision 6—Liability for Costs
56Q.Link corporation to be liable for certain relocation and rectification costs
Subject to this Subdivision, the Link corporation is liable to pay the fair and reasonable costs of relocating or rectifying any Utility infrastructure that is affected by the Link Upgrade construction work.
56R.Standard to apply to relocation or rectification
(1)For the purposes of section 56Q, the standard applied to the relocation or rectification must result in the Utility infrastructure having the same or a similar technical capability and having at least the same remaining life as it had before it was affected.
(2)If new Utility infrastructure is required to meet the standard referred to in sub-section (1), the Link corporation is liable for the cost of that new infrastructure.
56S.Utility liable for differential if it requests upgrade
If a Utility requests that a higher standard than the standard required by section 56R should apply to the relocation or rectification of Utility infrastructure, the Utility is liable to pay the difference in cost between the lower and higher standard.
56T.Utility liable for delay costs
(1)If the failure of a Utility to notify the Link corporation of Utility infrastructure caused the Link corporation to incur costs as a result of a delay in carrying out Link Upgrade construction work, the Utility is liable to pay those costs to the Link corporation.
(2)A Utility is liable for costs under this section on the basis that the Link corporation makes all reasonable efforts to mitigate its loss.
(3)If the Link corporation does not make all reasonable efforts to mitigate its loss, the Utility is only liable for the costs that would have been incurred if the Link corporation had made all reasonable efforts to mitigate its loss.
56U.Limitation of liability
Except as provided in this Division, the Link corporation is not liable to pay damages or other compensation to the Utility or any other person as a result of any effect of the Link Upgrade Project on—
(a)the Utility infrastructure of the Utility; or
(b)the provision of infrastructure services by the Utility using Utility infrastructure.
56V.Dispute as to cost of relocation or rectification
(1)If a dispute arises between the Link corporation and a Utility as to the cost of relocation or rectification of Utility infrastructure, the Link corporation or the Utility may refer the matter to the Minister and the Utility Minister for determination under Subdivision 7.
(2)The person referring the matter for determination must notify the Roads Corporation of that referral.
56W.Certification of work
(1)On completion by the Link corporation of any work of relocation or rectification of Utility infrastructure under Subdivision 5, the Utility must assess the work and—
(a)if it is satisfied that the work is satisfactory and complete, certify that fact to the Link corporation; or
(b)if it is not satisfied that the work is satisfactory or complete, notify the Link corporation that more work is required.
(2)The notice under sub-section (1)(b) must specify as clearly as possible the work that is required.
(3)If the Utility does not give a certificate or notice under sub-section (1) within 14 days after the Link corporation notifies it of the completion of the work, the Utility is deemed to be satisfied with the work.
(4)If the Utility gives a notice under sub-section (1)(b), the Link corporation must complete the further work required in the notice within the period of 30 days after receipt of the notice or any longer period specified in the notice.
(5)This section does not apply if the Link corporation is unable to identify the Utility that owns or operates the Utility infrastructure.
56X.Referral of matters by Utilities to Ministers for determination
The Utility may refer the matter to the Minister and the Utility Minister for determination under Subdivision 7 if the Link corporation does not complete the further work to the Utility's satisfaction within the specified time under section 56W.
56Y.Referral of matters by Link corporation to Ministers for determination
The Link corporation may refer the matter to the Minister and the Utility Minister for determination under Subdivision 7 if the Utility refuses to certify the work on the completion of the further work under section 56W or unreasonably delays giving that certification.
56Z.Link corporation no longer liable if work satisfactory
The Link corporation ceases to be liable to carry out any further work in respect of a specific work of relocation or rectification if—
(a)a certificate is given under section 56W in respect of the work; or
(b)the work is deemed under that section to be satisfactory; or
(c)the work is determined under Subdivision 7 to be satisfactory.
Subdivision 7—Dispute Resolution
56ZA.Who can determine matters referred to the Ministers?
On the referral of a matter to them under this Division, the Minister and the Utility Minister must—
(a)determine the matter; or
(b)appoint a person to determine the matter.
56ZB.What must be considered in determining a matter?
In determining a matter, the decision-maker—
(a)must have regard to—
(i)any submission (whether written or oral) of the Link corporation or the Utility; and
(ii)in the case of a matter referred under section 56C, the public interest in minimising the disruption of the services provided by the Utility; and
(b)may have regard to any other information or material that the decision-maker thinks fit.
56ZC.Requirements for determinations
(1)A determination under this Subdivision must be in writing.
(2)The decision-maker must ensure that the determination does not cause unreasonable delay or add unreasonable cost to the Link Upgrade Project.
(3)Subject to this section, a determination must not be inconsistent with—
(a)this Act; or
(b)the Agreement; or
(c)the Integration and Facilitation Agreement; or
(d)the Exhibition Street Extension Agreement.
56ZD.Determination to prevail over inconsistent laws
If there is any inconsistency between a determination under this Subdivision and any other Act or law, the determination prevails to the extent of the inconsistency.
Division 8—Emergency Orders
56ZE.Emergency orders
(1)The Roads Corporation may make an emergency order if the Roads Corporation is of the opinion that the order is necessary because of a danger to life or property arising out of the carrying out of works for the Link Upgrade Project on land in the Link Upgrade construction area.
(2)An emergency order may require any person to do any one or more of the following things within a specified time or times—
(a)to evacuate the land or any part of the land;
(b)to stop the carrying out of works for the Link Upgrade Project on the land or any part of the land;
(c)to carry out works to make any part of the Link Upgrade Project safe or to secure the land or any part of the land from access.
(3)An emergency order must be in writing and may include any conditions that the Roads Corporation thinks fit.
56ZF.Service of emergency order
The Roads Corporation must cause an emergency order under section 56ZE to be served on—
(a)the Link corporation; and
(b)the Minister; and
(c)any person to whom it is directed—
without delay after it is made.
56ZG.Period of operation of emergency order
An emergency order remains in force until—
(a)it is complied with; or
(b)it is cancelled in writing by the Roads Corporation.
56ZH.Offence to fail to comply with emergency order
(1)A person to whom an emergency order is directed under this Division must comply with the emergency order.
Penalty:60 penalty units in the case of a natural person;
300 penalty units in the case of a corporation.
(2)It is a defence to a prosecution of a person for an offence under this section if—
(a)the person took all reasonable steps to comply with the emergency order; or
(b)the person had a reasonable excuse for failing to comply with the emergency order.
56ZI.Request for police assistance
The Roads Corporation may request the assistance of a member of the police force to evacuate an area that is subject to an emergency order.
Division 9—Actions by Public Bodies
56ZJ.Bodies may be required to act
(1)The Governor in Council, by Order published in the Government Gazette, may require a Department Head (within the meaning of the Public Administration Act 2004), a public statutory authority or a Council—
(a)to carry out their functions in relation to the Link Upgrade area or anything done or to be done in the Link Upgrade area; and
(b)to carry out those functions within a period specified in the Order.
(2)The Department Head, authority or Council must comply with the requirement.
(3)A requirement made under sub-section (1) cannot vary a time or time limit prescribed by or under an Act.
Division 10—Revocation of Reservation and Interim Operation
56ZK.Revocation of reservation on termination of licence
(1)The Minister, after consultation with the Minister administering the Crown Land (Reserves) Act 1978, may recommend to the Governor in Council that the temporary reservation of land that was licensed under Division 2 be revoked on the termination of the licence as to that land.
(2)After receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the reservation of the land.
(3)An Order under sub-section (2) has effect on the day that it is published in the Government Gazette.
(4)On an Order under sub-section (2) taking effect—
(a)the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b)if any part of the land is or is being used as a road—
(i)that part of the land ceases to be a road; and
(ii)all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and
(c)if any part of the land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and
(d)the appointment of the Roads Corporation as committee of management is revoked to the extent that it applies to the land.
(5)Nothing in sub-section (4) affects or extinguishes any right or interest created by operation of—
(a)the Agreement; or
(b)the Integration and Facilitation Agreement; or
(c)the Exhibition Street Extension Agreement.
56ZL.Interim operation
(1)Subject to this section, if a temporary reservation of land is revoked under section 56ZK—
(a)this Act applies to that land as if any reference in this Act to leased land or land leased under section 60 included a reference to that land; and
(b)section 62 applies to that land as if any reference in that section to the grant of a lease under section 60 were a reference to the revocation under section 56ZK of the reservation in respect of that land.
(2)The Minister may by Order published in the Government Gazette declare that this section no longer applies to that land.
(3)An Order under sub-section (2) may direct that the land be vested in the Roads Corporation.
(4)On the publication of an Order under sub-section (2) in relation to land—
(a)if the Order so directs, the land vests in fee simple in the Roads Corporation; and
(b)this section ceases to apply to the land.
(5)Unless it has already ceased to apply under sub-section (4), this section ceases to apply to land on the grant of a lease of that land under section 60.'.
73.Heading to Part 3
For the heading to Part 3 of the Melbourne City Link Act 1995 substitute—
"PART 3—LEASED LAND".
74.New section 65 inserted
After section 64A of the Melbourne City Link Act 1995 insert—
"65.Action by Registrar of Titles
On being requested to do so and on delivery of any relevant instrument or document (but without production of a duplicate Crown grant or certificate of title), the Registrar of Titles must, as soon as practicable register any lease made in accordance with the Agreement."
75.Limitation on powers to make local laws
Before section 104(3)(b) of the Melbourne City Link Act 1995 insert—
"(a)it restricts the capacity to use any road for access to or egress from any land for which a construction permit is issued under Division 4 of Part 2B for the carrying out of works for the purposes of the Link Upgrade Project; or".
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ENDNOTES
Minister's second reading speech—
Legislative Assembly: 24 August 2006
Legislative Council: 14 September 2006
The long title for the Bill for this Act was "to make further miscellaneous amendments to the Road Safety Act 1986, to amend the Land Acquisition and Compensation Act 1986, the Chattel Securities Act 1987, the Planning and Environment Act 1987, the Children and Young Persons Act 1989, the Sentencing Act 1991, the Melbourne City Link Act 1995, the Alpine Resorts (Management) Act 1997, the Road Management Act 2004, the Children and Young Persons (Miscellaneous Amendments) Act 2005, the Children, Youth and Families Act 2005 and the Infringements Act 2006 and for other purposes."
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