Road Management (General) Amendment Regulations 2019 (Vic)

Road Management (General) Amendment Regulations 2019

S.R. No. 151/2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Consequential amendments—Schedule 1

Schedule 1—Consequential amendments to the Road Management (General) Regulations 2016

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Endnotes

STATUTORY RULES 2019

S.R. No. 151/2019

Road Management Act 2004

Road Management (General) Amendment Regulations 2019

The Governor in Council makes the following Regulations:

Dated: 17 December 2019

Responsible Minister:

JAALA PULFORD
Minister for Roads

ANDREW ROBINSON

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Road Management (General) Regulations 2016 as a consequence of the enactment of the Transport Legislation Amendment Act 2019.

2Authorising provision

These Regulations are made under section 132 of the Road Management Act 2004.

3Commencement

These Regulations come into operation on 1 January 2020.

4Consequential amendments—Schedule 1

A provision of the Road Management (General) Regulations 2016[1] in Schedule 1 is amended as set out in that Schedule.

Schedule 1—Consequential amendments to the Road Management (General) Regulations 2016

Regulation 4

1In regulation 5(1)—

(a)insert the following definitions—

"Head, Transport for Victoria contractor means a person engaged directly or indirectly by the Head, Transport for Victoria to carry out work on behalf of the Head, Transport for Victoria and includes a subcontractor;

Head Transport for Victoria property means any property other than a road which is owned or occupied by the Head, Transport for Victoria as a road authority;";

(b)in the definition of construction zone, for "VicRoads or a VicRoads" substitute "the Head, Transport for Victoria or a Head, Transport for Victoria";

(c)in the definition of relevant corporation, for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria";

(d)in the definition of vehicle, for "1986;" substitute "1986.";

(e)the definitions of VicRoads contractor and VicRoads' property are revoked.

2In regulation 17—

(a)in subregulation (1), for "VicRoads" substitute "the Head, Transport for Victoria";

(b)in subregulation (3), for "VicRoads" substitute "The Head, Transport for Victoria".

3In the heading to regulation 19, for "VicRoads' property" substitute "Head, Transport for Victoria property".

4For regulation 19(1) to (4) substitute—

"(1)The Head, Transport for Victoria may place at or near the boundary of any Head, Transport for Victoria property a sign advising that entry to that property is prohibited without the written consent of the Head, Transport for Victoria.

(2)If a sign has been placed in accordance with subregulation (1), a person must not enter or remain on Head, Transport for Victoria property without the written consent of the Head, Transport for Victoria.

Penalty:10 penalty units.

(3)Subregulation (2) does not apply to—

(a)a person authorised or permitted to enter or remain on Head, Transport for Victoria property by or under the Act or any other Act; or

(b)a works manager engaged or employed by the Head, Transport for Victoria; or

Note

Works manager is defined in section 3(1) of the Act.

(c)a person acting under the supervision of a works manager engaged or employed by the Head, Transport for Victoria; or

(d)a Head, Transport for Victoria contractor; or

(e)an employee or agent of a public sector body within the meaning of the Public Administration Act 2004 who is acting in the course of that person's employment or authority.

(4)If a sign has been placed in accordance with subregulation (1), a person who has consent for the purposes of this regulation, when entering or being on Head, Transport for Victoria property, on request, must produce—

(a)the consent to a police officer or a person authorised by the Head, Transport for Victoria; and

(b)evidence to verify that the person is the person named in the consent.

Penalty:10 penalty units.".

5In regulation 19(6)—

(a)for "VicRoads' property" substitute "Head, Transport for Victoria property";

(b)for "VicRoads" substitute "the Head, Transport for Victoria".

6In regulation 20, for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria".

7In regulation 21(1), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria".

8In regulation 23(3)(c), for "VicRoads" substitute "the Head, Transport for Victoria".

9In regulation 24(1), after "authorised officer of a road authority" insert ", or a person authorised by a road authority,".

10In regulation 25(6), in the definition of appropriate road authority—

(a)in paragraph (b), for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria";

(b)in the note at the foot of paragraph (b), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria".

11In note 2 at the foot of regulation 26(1) omit "of a road authority".

12In regulation 27, for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria".

13In regulation 28, for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria".

14In the example at the foot of regulation 28, for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria".

15In Column 1 of Schedule 1, for "VicRoads' property" (wherever occurring) substitute "Head, Transport for Victoria property".

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Endnotes

[1] Reg. 4: S.R. No. 11/2016.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2019 is $165.22.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.