Road Management (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 (Vic)
Version No. 002
Road Management (Transport Legislation Amendment Act 2019) Transitional Regulations 2019
S.R. No. 152/2019
Version as at
1 January 2020
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Definitions
Part 2—Transitional provisions relating to the Act
5Notices published by VicRoads
6Arrangements to transfer road management functions
7Ancillary areas in relation to public roads
8Register of public roads
9Ministerial directions
10Register of specified roads
11Road management plan
12Consents given by VicRoads
13Authorised officers
14Register of exercise of powers of entry
15Certificates authorising institution of proceedings
16VicRoads delegations to persons and other road authorities
17Notices of incidents
18Certified condition reports
19Removal of stationary vehicles and abandoned property
20Things commenced but not completed by VicRoads in relation to stationary vehicles and abandoned property
21Agreements to conduct additional works
22Evidentiary certificates
23Arrangements with operators of Link road, Extension road, Eastlink and Peninsula Link Freeway
24Special parking permits
25Leases granted under clause 9 of Schedule 5
26Licences granted under clause 9 of Schedule 5
27Commercial agreements relating to leases and licences granted under clause 9 of Schedule 5
28VicRoads as a committee of management
29Notices and notifications to VicRoads under Schedule 7
30Directions to conduct reinstatement works
31Agreements in respect of proposed works on roads
32Notice requiring rectification works
33Substitution of VicRoads as a party in proceedings relating to functions and powers under Act
Part 3—Transitional provisions relating to the Road Management (General) Regulations 2016
34Permits
35Consents
36Authorisations
37Notices—removal of vehicles
Part 4—Transitional arrangements relating to transfer of Corporation staff to National Heavy Vehicle Regulator
38VicRoads officers and employees transferred to National Heavy Vehicle Regulator continue to be authorised officers
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 002
Road Management (Transport Legislation Amendment Act 2019) Transitional Regulations 2019
S.R. No. 152/2019
Version as at
1 January 2020
Part 1—Preliminary
1Objective
The objective of these Regulations is to provide for matters of a transitional nature arising as a result of amendments made by the Transport Legislation Amendment Act 2019 that transfer the functions and powers of the Roads Corporation to the Head, Transport for Victoria under the Road Management Act 2004.
2Authorising provision
These Regulations are made under section 142 of the Road Management Act 2004.
3Commencement
(1)These Regulations (except Parts 2 and 3) are taken to have come into operation on 8 December 2019.
(2)Parts 2 and 3 come into operation on 1 January 2020.
4Definitions
In these Regulations—
commencement day has the same meaning as in section 136 of the Act;
the Act means the Road Management Act 2004;
VicRoads has the same meaning as in section 136 of the Act.
Part 2—Transitional provisions relating to the Act
5Notices published by VicRoads
(1)Without limiting section 138 of the Act, a notice made and published by VicRoads under a specified provision that has effect immediately before the commencement day is taken, on that day, to be a notice made and published by the Head, Transport for Victoria.
(2)In this regulation—
specified provision means any of the following provisions of the Act—
(a)section 11 (Power to declare and name a road);
(b)section 12 (Discontinuance of roads);
(c)section 13 (Power to fix boundary of road);
(d)section 14 (Power of VicRoads to make declarations in respect of roads);
(e)section 42 (Declaration of a public road as a controlled access road);
(f)section 42A(5) (Specified roads).
6Arrangements to transfer road management functions
(1)This regulation applies if immediately before the commencement day there is in force an arrangement under section 15 of the Act to which VicRoads is a party.
(2)On the commencement day, the Head, Transport for Victoria becomes a party to the arrangement in place of VicRoads and the arrangement continues in force on and after that day as if the Head, Transport for Victoria had always been a party to the arrangement.
7Ancillary areas in relation to public roads
On the commencement day, a designation of an ancillary area by VicRoads under section 18 of the Act is taken to be a designation of the ancillary area by the Head, Transport for Victoria.
8Register of public roads
Without limiting section 138 of the Act, the register of public roads kept by VicRoads under section 19 of the Act before the commencement day is taken, on that day, to be kept by the Head, Transport for Victoria.
9Ministerial directions
(1)This regulation applies if the Minister has, before the commencement day, given VicRoads a direction under section 22 of the Act and VicRoads has not given effect to the direction before that day.
(2)On the commencement day, the direction is taken to have been given to the Head, Transport for Victoria.
10Register of specified roads
Without limiting section 138 of the Act, the register of specified roads kept by VicRoads under section 42A of the Act before the commencement day is taken, on that day, to be kept by the Head, Transport for Victoria.
11Road management plan
A road management plan developed and published by VicRoads under Division 5 of Part 4 of the Act and that is in effect immediately before the commencement day is taken, on that day, to be a road management plan developed and published by the Head, Transport for Victoria.
12Consents given by VicRoads
(1)Without limiting section 138 of the Act, on the commencement day, a consent given by VicRoads under a specified provision is taken to be a consent given by the Head, Transport for Victoria.
(2)In this regulation—
specified provision means any of the following provisions of the Act—
(a)section 66(1);
(b)section 120(2);
(c)section 134(10);
(d)clause 1 of Schedule 2;
(e)clause 16 of Schedule 7.
13Authorised officers
(1)On the commencement day, a relevant person is taken to be have been appointed as an authorised officer by the Secretary under section 71(1)(c) of the Act.
(2)To avoid doubt, on and after the commencement day, the Secretary, under section 71(1)(c) of the Act, may, by instrument, revoke the appointment of the relevant person as an authorised officer.
(3)In this regulation—
relevant person means a person who, under regulation 38, is taken to be an authorised officer.
14Register of exercise of powers of entry
Without limiting section 138 of the Act, the register kept by VicRoads under section 86 of the Act before the commencement day is taken, on that day, to be kept by the Head, Transport for Victoria.
15Certificates authorising institution of proceedings
A certificate given VicRoads and signed by the Chief Executive of VicRoads under section 96(2) of the Act that is in effect immediately before the commencement day is taken, on that day, to have been given by the Secretary.
16VicRoads delegations to persons and other road authorities
(1)This regulation applies if—
(a)immediately before the commencement day there is in effect an instrument of delegation, made by VicRoads under section 118(1) or (2) of the Act, under which a function or power of VicRoads under the Act is delegated to a person or another road authority, as the case requires; and
(b)on and after that day, the function or power is a function or power conferred on the Head, Transport for Victoria.
(2)On and after the commencement day, the instrument of delegation is taken to be an instrument of delegation made by the Head, Transport for Victoria under section 118(1) or (2) of the Act delegating the relevant function or power to the person or road authority, as the case requires.
17Notices of incidents
A notice given to VicRoads under section 115(1) of the Act in relation to an incident referred to in that subsection in respect of which a proceeding has not been commenced before the commencement day is taken, on that day, to be a notice given to the Head, Transport for Victoria.
18Certified condition reports
A copy of a report prepared under section 116 of the Act that has been certified by VicRoads before the commencement day is taken, on that day, to have been certified by the Head, Transport for Victoria.
19Removal of stationary vehicles and abandoned property
Anything done by VicRoads under section 119A or 119B of the Act before the commencement day is taken, on that day, to have been done by the Head, Transport for Victoria under section 119A or 119B, as the case requires.
20Things commenced but not completed by VicRoads in relation to stationary vehicles and abandoned property
(1)This regulation applies if, before the commencement day, VicRoads in the exercise of a power under section 119A or 119B of the Act has commenced to do a thing and has not completed that thing before that day.
(2)On and after the commencement day—
(a)the Head, Transport for Victoria may complete that thing; and
(b)for the purposes of this regulation, anything done by VicRoads before that day is taken to have been done by the Head, Transport for Victoria.
21Agreements to conduct additional works
(1)This regulation applies if immediately before the commencement day there is in force an agreement under section 121 of the Act to which VicRoads is a party.
(2)On the commencement day, the Head, Transport for Victoria becomes a party to the agreement in place of VicRoads and the agreement continues in force on and after that day as if the Head, Transport for Victoria had always been a party to the agreement.
22Evidentiary certificates
A certificate issued by the Chief Executive of VicRoads under section 124 of the Act that is in effect immediately before the commencement day is taken, on that day, to have been issued by the Head, Transport for Victoria and continues, on and after that day, to have effect according to its tenor.
23Arrangements with operators of Link road, Extension road, Eastlink and Peninsula Link Freeway
(1)This regulation applies if immediately before the commencement day there is in force an arrangement under section 134(4), 134A(4) or 134D(4) of the Act to which VicRoads is a party.
(2)On the commencement day, the Secretary becomes a party to the arrangement in place of VicRoads and the arrangement continues in force on and after that day as if the Secretary had always been a party to the arrangement.
24Special parking permits
Without limiting section 138(3) of the Act, a special parking permit issued under clause 3 of Schedule 4 to the Act by VicRoads that is in effect immediately before the commencement day is taken, on that day, to have been issued by the Head, Transport for Victoria.
25Leases granted under clause 9 of Schedule 5
(1)This regulation applies if immediately before the commencement day there is in force a lease granted by VicRoads under clause 9(1) of Schedule 5 to the Act to which VicRoads is a party.
(2)On the commencement day, the Head, Transport for Victoria becomes the lessor under the lease and the lease continues in force on and after that day as if the Head, Transport for Victoria had always been the lessor.
26Licences granted under clause 9 of Schedule 5
(1)This regulation applies if immediately before the commencement day there is in force a licence granted by VicRoads under clause 9(1) of Schedule 5 to the Act.
(2)On the commencement day, the licence is taken to be a licence granted by the Head, Transport for Victoria.
27Commercial agreements relating to leases and licences granted under clause 9 of Schedule 5
(1)This regulation applies if immediately before the commencement day there is in force a commercial agreement under clause 9(3) of Schedule 5 to the Act to which VicRoads is a party in relation to a lease or licence granted under clause 9(1) of that Schedule.
(2)On the commencement day, the Head, Transport for Victoria becomes a party to the commercial agreement in place of VicRoads and the agreement continues in force on and after that day as if the Head, Transport for Victoria had always been a party to the agreement.
28VicRoads as a committee of management
(1)This regulation applies if immediately before the commencement day VicRoads is a committee of management under the Crown Land (Reserves) Act 1978 of an area of Crown land which is—
(a)adjacent to any arterial road; and
(b)reserved under section 4 of that Act.
(2)On the commencement day, the Head, Transport for Victoria is taken to be the committee of management of that land under the Crown Land (Reserves) Act 1978.
29Notices and notifications to VicRoads under Schedule 7
(1)A notice given to VicRoads under clause 7 of Schedule 7 to the Act before the commencement day is taken, on that day, to have been given to the Head, Transport for Victoria.
(2)A notification of the completion of works given to VicRoads under clause 13 of Schedule 7 to the Act before the commencement day is taken, on that day, to be a notification given to the Head, Transport for Victoria.
30Directions to conduct reinstatement works
A direction given by VicRoads under clause 12(2) of Schedule 7 to the Act before the commencement day is taken, on that day, to be a direction given by the Head, Transport for Victoria.
31Agreements in respect of proposed works on roads
(1)This regulation applies if immediately before the commencement day there is in force an agreement in respect of proposed works on roads under clause 18(1) of Schedule 7 to the Act to which VicRoads is a party.
(2)On the commencement day, the Head, Transport for Victoria becomes a party to the agreement in place of VicRoads and the agreement continues in force on and after that day as if the Head, Transport for Victoria had always been a party to the agreement.
32Notice requiring rectification works
A notice given by VicRoads under clause 19(1) of Schedule 7 to the Act before the commencement day is taken, on that day, to be a notice given by the Head, Transport for Victoria under that clause.
33Substitution of VicRoads as a party in proceedings relating to functions and powers under Act
(1)This regulation applies if there is a proceeding in a court or tribunal to which VicRoads is a party that—
(a)relates to the performance of a function or duty or exercise of a power by VicRoads under the Act; and
(b)has not been finally determined before the commencement day.
(2)On and after the commencement day, the Head, Transport for Victoria is substituted for VicRoads as a party to the proceeding and has the same rights and obligations in the proceeding as VicRoads had.
(3)Without limiting subregulation (2), if, in a proceeding a court or tribunal makes an order before the commencement day directing VicRoads to do a thing and VicRoads has not done that thing in compliance with the order before that day, the Head, Transport for Victoria must do that thing on and after the commencement day.
Part 3—Transitional provisions relating to the Road Management (General) Regulations 2016
34Permits
A permit issued by VicRoads under regulation 16(3) or 17(3) of the Road Management (General) Regulations 2016[1] that is in effect immediately before the commencement day is taken, on that day, to be a permit issued by the Head, Transport for Victoria under regulation 16(3) or 17(3) of the Road Management (General) Regulations 2016, as the case requires.
35Consents
A consent given by VicRoads for the purposes of regulation 18(1), 19(1), 19(2) or 19(6) of the Road Management (General) Regulations 2016 that is in effect immediately before the commencement day is taken, on that day, to be a consent given by the Head, Transport for Victoria under regulation 18(1), 19(1), 19(2) or 19(6) of the Road Management (General) Regulations 2016, as the case requires.
36Authorisations
An authorisation granted by VicRoads for the purposes of regulation 20(1) or 21(1) of the Road Management (General) Regulations 2016 that is in effect immediately before the commencement day is taken, on that day, to be an authorisation granted by the Head, Transport for Victoria for the purposes of regulation 20(1) or 21(1) of the Road Management (General) Regulations 2016, as the case requires.
37Notices—removal of vehicles
A notice served by VicRoads under regulation 22(1) of the Road Management (General) Regulations 2016 that is in effect immediately before the commencement day is taken, on that day, to be a notice served by the Head, Transport for Victoria under that regulation.
Part 4—Transitional arrangements relating to transfer of Corporation staff to National Heavy Vehicle Regulator
38VicRoads officers and employees transferred to National Heavy Vehicle Regulator continue to be authorised officers
(1)This regulation applies to a person who—
(a)is a member of the staff of the Regulator within the meaning of the Heavy Vehicle National Law (Victoria) on the day on which this regulation comes into operation; and
(b)was an officer or employee of VicRoads, and an authorised officer appointed under section 71(1) of the Act, immediately before the day on which this regulation comes into operation.
(2)Despite anything to the contrary in the Act, on and after the day on which this regulation comes into operation, the person is taken to be appointed as an authorised officer by VicRoads under section 71(1) of the Act.
(3)Despite anything to the contrary in the Act, if under the Act, or regulations made under the Act, an authorised officer is required to produce their identity card, it is sufficient compliance with that requirement if a person who is an authorised officer under this regulation—
(a)is an authorised officer within the meaning of the Heavy Vehicle National Law (Victoria); and
(b)produces an identity card issued to them by the Regulator under section 486 of the Heavy Vehicle National Law (Victoria).
(4)Subregulation (3) does not apply on and after the day on which an identity card is issued to the person under section 72 of the Act.
(5)A person ceases to be an authorised officer under this regulation if the person ceases to be a member of the staff of the Regulator.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Road Management (Transport Legislation Amendment Act 2019) Transitional Regulations 2019, S.R. No. 152/2019 were made on 17 December 2019 by the Governor in Council under section 142 of the Road Management Act 2004, No. 12/2004 and came into operation as follows:
Regulations 1−4, 38 are taken to have come into operation on 8 December 2019: regulation 3(1); regulations 5−37 on 1 January 2020: regulation 3(2).
The Road Management (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 will sunset 10 years after the day of making on 17 December 2029 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Road Management (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Reg. 34: S.R. No. 11/2016.
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