Roads and Road Safety Legislation Amendment Act 2024 (Vic)
Roads and Road Safety Legislation Amendment Act 2024
No. 46 of 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Road Safety Act 1986
Division 1—Driving heavy vehicle in a no‑truck zone
3Definitions
4Driving of heavy vehicle in a no‑truck zone
5New section 66A inserted
6New section 80E inserted
7New section 83B inserted
8General evidentiary provisions
9New section 84AC inserted
9ANew section 99D inserted
Division 2—Registration number rights
10Functions of Secretary
11Powers of Secretary
12Sale of registration number rights
13Periodical charge for registration number rights
14What are registration number rights?
15Regulations
16New section 103ZQ inserted
17Subject‑matter for regulations
Division 3—Accessible parking terminology
18Definitions
19Interpretation
20Authorised use or disclosure
Division 4—Refunding certain fees
21Extension of time if no actual notice for certain traffic infringements
Division 5—Digital driver licences
22Definitions
23New section 3AF inserted
24Issue of driver licence or learner permit to holder of licence or permit issued outside Victoria
25Secretary may retain and check validity of licence documents
26New section 18BA inserted
27Secretary may confiscate and destroy licence document believed to be false, etc.
28Driver licences
29Probationary driver licences
30Learner permits
31Driver licence and learner permit to remain property of State of Victoria
32New sections 23AA and 23AAB inserted
33General duty of driver or person in charge of motor vehicle
34Obtaining licence etc. by false statements
35Forgery etc. of documents and identification marks
36Content and copies of notice
37Surrender of licence or permit document
38Cancellation of licence or permit for drink‑driving infringements
39Suspension of licence or permit for excessive speed infringement or drug‑driving infringement
40Authorised use or disclosure
41Verification of information
42Subject‑matter for regulations
Division 6—Use of a prescription drug which is a legal medicinal cannabis product
42ADefinitions
42BProvisions about cancellation and disqualification
42CPrevious convictions
42DNew section 58BA inserted
Part 3—Amendment of other Acts
Division 1—Amendment of EastLink Project Act 2004
43Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
Division 2—Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988
44Effect of certain transport safety infringements
45Extension of time to object if no actual notice
46Application of the Infringements Act 2006 or the Fines Reform Act 2014 to certain offences
Division 3—Amendment of Melbourne City Link Act 1995
47Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
Division 4—Amendment of North East Link Act 2020
48Granting extension of time
Division 5—Amendment of Road Safety Camera Commissioner Act 2011
49Definitions
Division 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
50Granting extension of time
Part 4—Repeal of this Act
51Repeal of this Act
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Endnotes
1 General information
Roads and Road Safety Legislation Amendment Act 2024
No. 46 of 2024
[Assented to 19 November 2024]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Road Safety Act 1986—
(i)to provide for the enforcement of no‑truck zones using camera systems; and
(ii)to make various amendments in relation to registration number rights, including to allow the regulations to provide that a fee is payable for the transfer of registration number rights; and
(iii)to modernise language in relation to accessible parking; and
(iv)to provide for the refunding of additional fees and costs that have been added to an infringement fine or penalty in circumstances where that fine or penalty is refunded; and
(v)to make provision for digital driver licences; and
(va)to provide for discretion for a court in cancelling or disqualifying the licence or learner permit of a person who commits an offence against section 49(1)(bb), (h) or (i) of the Road Safety Act 1986 if it relates to the use of a prescription drug which is a legal medicinal cannabis product;
(vi)to make other minor and miscellaneous amendments; and
(b)to amend the Road Safety Camera Commissioner Act 2011 to make a consequential amendment to that Act; and
(c)to amend the Melbourne City Link Act 1995, the EastLink Project Act 2004, the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, the North East Link Act 2020 and the Marine (Drug, Alcohol and Pollution Control) Act 1988—
(i)to provide for the refunding of additional fees and costs that have been added to an infringement fine or penalty in circumstances where that fine or penalty is refunded; and
(ii)to make other minor and miscellaneous amendments.
2Commencement
(1)This Part and Division 2 of Part 2, except sections 12 and 14(1), come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsections (2A) and (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(2A)If Division 6 of Part 2 does not come into operation before 1 March 2025, it comes into operation on that day.
(3)If a provision of this Act (other than Division 6 of Part 2) does not come into operation before 13 August 2025, it comes into operation on that day.
PART 2—AMENDMENT OF ROAD SAFETY ACT 1986
Division 1—Driving heavy vehicle in a no‑truck zone
3Definitions
(1)In section 3(1) of the Road Safety Act 1986 insert the following definitions—
"no‑truck zone camera means a system consisting of a camera and associated equipment that is used or intended to be used for the purposes of detecting the commission of offences against section 65BA(1);
prescribed no‑truck zone camera means a type or class of no‑truck zone camera that is prescribed by regulations for the purposes of this Act;".
(2)In section 3(1) of the Road Safety Act 1986, in the definition of road safety camera, after "Act" (where second occurring) insert "other than an offence against section 65BA(1)".
4Driving of heavy vehicle in a no‑truck zone
In section 65BA(2) of the Road Safety Act 1986—
(a)in paragraph (e), for "vehicle." substitute "vehicle; or";
(b)after paragraph (e) insert—
"(f)being driven in prescribed circumstances.".
5New section 66A inserted
After section 66 of the Road Safety Act 1986 insert—
"66A No‑truck zone offence an operator onus offence
An offence against section 65BA(1) that is detected by a prescribed no‑truck zone camera or by a prescribed process or the detection of which involves the use of a prescribed no‑truck zone camera is an operator onus offence for the purposes of Part 6AA.".
6New section 80E inserted
After section 80D of the Road Safety Act 1986 insert—
"80E Certain matters indicated by prescribed no‑truck zone cameras are evidence
(1)This section applies if, in a proceeding for an offence to which section 66A applies, the fact that a heavy vehicle was in a no‑truck zone (the relevant fact) on any occasion (the relevant occasion) is relevant in the proceeding.
(2)Evidence of the relevant fact as indicated or determined on the relevant occasion by—
(a)a prescribed no‑truck zone camera, when used in the prescribed manner; or
(b)an image or message produced by a prescribed no‑truck zone camera or a prescribed process, when used in the prescribed manner—
is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the relevant fact on the relevant occasion.".
7New section 83B inserted
After section 83A of the Road Safety Act 1986 insert—
"83B Evidence relating to prescribed no‑truck zone camera
(1)A certificate containing the prescribed information purporting to be issued by an authorised person certifying—
(a)that a prescribed no‑truck zone camera was used in the prescribed manner; or
(b)that an image or message described in the certificate was produced by a prescribed no‑truck zone camera or by a prescribed process; or
(c)as to any other matter that appears in, or that can be determined from, the records kept in relation to the prescribed no‑truck zone camera or the prescribed process by the Department or the Regulator—
is admissible in evidence in any proceeding and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.
(2)For the purposes of section 41(1)(e) of the Criminal Procedure Act 2009, a certificate referred to in subsection (1) is the only document relevant to an alleged offence to which section 66A applies.
(3)In this section—
authorised person means—
(a)an employee in the Department authorised in writing to issue a certificate under this section either generally or in any particular case by the Secretary; or
(b)a member of staff of the Regulator authorised in writing to issue a certificate under this section either generally or in any particular case by the Secretary or the Regulator.".
8General evidentiary provisions
After section 84(7) of the Road Safety Act 1986 insert—
"(7A)In any proceeding for an offence described in section 66A—
(a)an image or message produced by a prescribed no‑truck zone camera used to detect an offence against section 65BA(1) when used in the prescribed manner; or
(b)an image or message produced by a prescribed process when used in the prescribed manner—
showing or indicating—
(c)the date, time or location of the alleged offence or the registration number or general identification mark of a motor vehicle involved in the offence is, in the absence of evidence to the contrary, proof that the offence took place on that date or at that time or at that location or in respect of the motor vehicle with that registration number or general identification mark (as the case may be); or
(d)a number plate bearing a registration number displayed on a motor vehicle involved in the offence is, in the absence of evidence to the contrary, proof that the motor vehicle involved in the offence was the motor vehicle to which that registration was assigned at the date and time of the offence.".
9New section 84AC inserted
After section 84AB of the Road Safety Act 1986 insert—
"84AC Raising of matters relating to exceptions in camera detected no‑truck zone offences
(1)An accused in a proceeding for an offence against section 65BA(1) detected by a prescribed no‑truck zone camera who intends to raise a matter relating to an exception under section 65BA(2) must give written notice of the matter to the enforcement agency at least 28 days before the day on which the proceeding is set down for hearing.
(2)A notice under subsection (1) must contain any matter that is prescribed.
(3)In this section—
enforcement agency, in relation to an offence against section 65BA(1), means a person or body authorised by or under an Act to commence a proceeding in respect of the offence.".
9ANew section 99D inserted
After section 99C of the Road Safety Act 1986 insert—
"99D Reporting incidence of camera detected no-truck zone offences
(1)As soon as practicable after the end of each calendar year elapsing during the reporting period, the Minister must cause to be published on the Department's Internet site the following information in respect of that year—
(a)the number of heavy vehicles detected in a no-truck zone by a prescribed no‑truck zone camera; and
(b)the number of alleged camera detected no-truck zone offences for which an official warning was served; and
(c)the number of alleged camera detected no-truck zone offences for which an infringement notice was served; and
(d)of the alleged camera detected no-truck zone offences for which a proceeding was commenced in a court, the number within each of the following classes—
(i)a penalty was imposed;
(ii)a community correction order was imposed;
(iii)any other sentence was imposed;
(iv)the accused in the proceeding was found not guilty of an offence against section 65BA(1);
(v)the proceeding was withdrawn or dismissed for any reason; and
(e)the number of alleged camera detected no-truck zone offences to which an exception under section 65BA(2) applied; and
(f)the prescribed matters (if any).
(2)In this section—
camera detected no-truck zone offence means an offence against section 65BA(1) detected by a prescribed no-truck zone camera;
community correction order has the same meaning as in section 3(1) of the Sentencing Act 1991;
official warning has the same meaning as in section 3(1) of the Infringements Act 2006;
reporting period means the period of five calendar years commencing on 1 January following the day on which this section comes into operation.
(3)This section is repealed on the seventh anniversary of the day on which it comes into operation.".
Division 2—Registration number rights
10Functions of Secretary
In section 5AA of the Road Safety Act 1986, for paragraph (c) substitute—
"(c)to collect registration fees, permit fees and fees for the transfer of registration number rights determined in accordance with this Act and the regulations; and".
11Powers of Secretary
For section 5AB(1)(g) of the Road Safety Act 1986 substitute—
"(g)collect the following fees determined in accordance with this Act and the regulations—
(i)registration and permit fees (including fees in relation to the register of written‑off vehicles);
(ii)fees for the transfer of registration number rights; and".
12Sale of registration number rights
In section 5AC(2) of the Road Safety Act 1986, after "person" insert "who has attained the prescribed age".
13Periodical charge for registration number rights
(1)For section 5ACA(1) of the Road Safety Act 1986 substitute—
"(1)A contract for the sale of registration number rights under section 5AC may provide that—
(a)a periodical charge is payable for the registration number rights in addition to any consideration payable on the sale; or
(b)the consideration for the sale is constituted by a periodical charge payable for the registration number rights.".
(2)After section 5ACA(2) of the Road Safety Act 1986 insert—
"(2A)Without limiting subsection (2), a contract that provides that a periodical charge is payable may require the periodical charge for a period specified in the contract to be paid in advance of the specified period.".
14What are registration number rights?
(1)In section 5AD(2) of the Road Safety Act 1986—
(a)in paragraph (d), after "person" insert "who has attained the prescribed age";
(b)in paragraph (e), for "death." substitute "death; and";
(c)after paragraph (e) insert—
"(f)cannot be issued, sold, transferred or bequeathed to, or inherited by, a person who is under the prescribed age.".
(2)In section 5AD(2) of the Road Safety Act 1986, after paragraph (d) insert—
"(da)cease if they are cancelled under the regulations; and".
(3)After section 5AD(2) of the Road Safety Act 1986 insert—
"(2A)The regulations may provide that a fee is payable for the transfer of registration number rights.
(2B)If a periodical charge payable in respect of registration number rights is not paid, the registration number rights under subsection (1)(a) and (b), and the right to transfer a right under subsection (2)(d), may be suspended or cancelled under the regulations.".
15Regulations
In section 95(3F) of the Road Safety Act 1986—
(a)in paragraph (k), for "plates." substitute "plates;";
(b)after paragraph (k) insert—
"(l)services related to the transfer of registration number rights.".
16New section 103ZQ inserted
Before section 104 of the Road Safety Act 1986 insert—
"103ZQ Transitional provision—Roads and Road Safety Legislation Amendment Act 2024
(1)This section applies if, immediately before the commencement of section 14(1) of the Roads and Road Safety Legislation Amendment Act 2024, a person owns registration number rights in respect of a particular registration number.
(2)On and after that commencement, the person cannot sell, transfer or bequeath the registration number rights to a person who has not attained the age prescribed for the purposes of section 5AD(2)(f).".
17Subject‑matter for regulations
In item 15G of Schedule 2 to the Road Safety Act 1986, for "cancelled, the procedures for doing so and the compensation (if any) payable on that cancellation" substitute "suspended or cancelled, the procedures for doing so, the duration of a suspension and the compensation (if any) payable on cancellation".
Division 3—Accessible parking terminology
18Definitions
In section 3(1) of the Road Safety Act 1986, in paragraph (b) of the definition of motor vehicle, for "an injured or disabled person" substitute "a person with an injury or disability".
19Interpretation
In section 90I of the Road Safety Act 1986—
(a)insert the following definition—
"accessible parking permit has the same meaning as in the Road Rules;";
(b)in the definition of accessible parking permit scheme, for "a parking permit for people with disabilities" substitute "an accessible parking permit";
(c)the definition of parking permit for people with disabilities is repealed.
20Authorised use or disclosure
In section 90K(a)(iva) of the Road Safety Act 1986—
(a)in sub‑subparagraphs (A) and (C), for "a parking permit for people with disabilities" substitute "an accessible parking permit";
(b)in sub‑subparagraph (B), for "parking permits for people with disabilities" substitute "accessible parking permits";
(c)in sub‑subparagraph (D), for "parking permit for people with disabilities" substitute "accessible parking permit".
Division 4—Refunding certain fees
21Extension of time if no actual notice for certain traffic infringements
In section 67(5)(e) of the Road Safety Act 1986—
(a)omit "and prescribed costs" (where first occurring);
(b)after "Infringements Act 2006" insert ", any additional fee or cost that has been added to an infringement fine or infringement penalty under the Fines Reform Act 2014, the Infringements Act 2006 or regulations made under either of those Acts".
Division 5—Digital driver licences
22Definitions
In section 3(1) of the Road Safety Act 1986 insert the following definitions—
"digital driver licence document means a driver licence document in digital format that is capable of being displayed on an electronic device through a software application approved by the Secretary under section 23AA;
digital learner permit document means a learner permit document in digital format that is capable of being displayed on an electronic device through a software application approved by the Secretary under section 23AA;
digital licence or permit document means—
(a)a digital driver licence document; or
(b)a digital learner permit document; or
(c)a licence document or permit document in digital format issued in—
(i)another State or a Territory, authorising the holder of the licence or permit to drive a motor vehicle on a highway; or
(ii)another country, authorising the holder of the licence or permit to drive a motor vehicle;
display, in relation to a digital licence or permit document, has the meaning given in section 3AF;
physical licence or permit document means—
(a)a driver licence document in physical format; or
(b)a learner permit document in physical format; or
(c)a licence or permit document in physical format issued in—
(i)another State or a Territory, authorising the holder of the licence or permit to drive a motor vehicle on a highway; or
(ii)another country, authorising the holder of the licence or permit to drive a motor vehicle;".
23New section 3AF inserted
After section 3AE of the Road Safety Act 1986 insert—
"3AF Meaning of display in relation to digital licence or permit
(1)For the purposes of this Act, a person displays a digital licence or permit document if the person—
(a)ensures, as far as is reasonably practicable, that the digital licence or permit is shown clearly and legibly to the person who has requested production or display of the digital licence or permit document; and
(b)confirms the digital licence or permit document is current and valid on request, including by refreshing or updating, or attempting to refresh or update, the digital licence or permit document to show that it is the most recent version; and
(c)complies with any additional prescribed requirements in relation to displaying the digital licence or permit document.
(2)A person who has been asked to display a digital licence or permit document is not required to give the electronic device on which the digital licence or permit document is displayed to the person who made the request.".
24Issue of driver licence or learner permit to holder of licence or permit issued outside Victoria
In section 18A(2) of the Road Safety Act 1986—
(a)after "produce" (where twice occurring) insert "or display";
(b)for "his or her" substitute "the person's";
(c)after "non‑Victorian licence or permit" insert "document".
25Secretary may retain and check validity of licence documents
(1)In the heading to section 18B of the Road Safety Act 1986, for "licence documents" substitute "physical licence or permit documents".
(2)Section 18B(1) of the Road Safety Act 1986 is repealed.
(3)In section 18B(2) of the Road Safety Act 1986, for "licence document" substitute "physical licence or permit document".
(4)In section 18B(3) and (4) of the Road Safety Act 1986, for "licence document" (wherever occurring) substitute "physical licence or permit document".
26New section 18BA inserted
After section 18B of the Road Safety Act 1986 insert—
"18BA Secretary may copy and check validity of digital licence or permit document
(1)The Secretary may make a copy of a digital licence or permit document and may retain that copy for the purpose of checking the validity of the digital licence or permit document.
(2)The Secretary must not confiscate the electronic device on which the digital licence or permit document referred to in subsection (1) is displayed, other than in accordance with an authority to seize an electronic device under any other law.".
27Secretary may confiscate and destroy licence document believed to be false, etc.
(1)In the heading to section 18C of the Road Safety Act 1986, for "licence document" substitute "physical licence or permit document".
(2)In section 18C of the Road Safety Act 1986, for "licence document" (wherever occurring) substitute "physical licence or permit document".
28Driver licences
(1)In section 19(5) of the Road Safety Act 1986, for "the licence in his or her possession" substitute "the driver licence document in the person's possession".
(2)In section 19(7) of the Road Safety Act 1986, for "driver licence or learner permit" substitute "driver licence document or learner permit document".
(3)In section 19(7A) of the Road Safety Act 1986, for "licence or permit in their possession" substitute "licence document or permit document in their possession".
(4)In section 19(8) of the Road Safety Act 1986, for "the licence in his or her possession" substitute "the driver licence document in the person's possession".
(5)After section 19(8) of the Road Safety Act 1986 insert—
"(9)For the purposes of subsections (5), (7B) and (8), a person has a digital driver licence document in the person's possession if the person has in the person's possession an electronic device—
(a)to which the digital driver licence document has been delivered using the software application approved under section 23AA; and
(b)that is capable of displaying the person's current digital driver licence document.
(10)For the purposes of subsection (7), a person has a digital driver licence document or digital learner permit document in the person's possession if the person has in the person's possession an electronic device—
(a)to which the digital driver licence document or digital learner permit document has been delivered using the software application approved under section 23AA; and
(b)that is capable of displaying the person's current digital driver licence document or digital learner permit document.
(11)For the purposes of subsection (7A), a person has a licence or permit document in digital format in the person's possession if the person has in the person's possession an electronic device—
(a)to which the licence or permit document in digital format has been delivered; and
(b)that is capable of displaying the person's current licence or permit document in digital format.".
29Probationary driver licences
(1)In section 21(1A) of the Road Safety Act 1986, for "the licence in his or her possession" substitute "the probationary driver licence document in the person's possession".
(2)After section 21(1A) of the Road Safety Act 1986 insert—
"(1B)For the purposes of subsection (1A), a person has a digital driver licence document in the person's possession if the person has in the person's possession an electronic device—
(a)to which the digital driver licence document has been delivered using the software application approved under section 23AA; and
(b)that is capable of displaying the person's current digital driver licence document.".
30Learner permits
(1)In section 22(6) of the Road Safety Act 1986, for "the permit in his or her possession" substitute "the learner permit document in the person's possession".
(2)After section 22(6) of the Road Safety Act 1986 insert—
"(7)For the purposes of subsection (6), a person has a digital learner permit document in the person's possession if the person has in the person's possession an electronic device—
(a)to which the digital learner permit document has been delivered using the software application approved under section 23AA; and
(b)that is capable of displaying the person's current digital learner permit document.".
31Driver licence and learner permit to remain property of State of Victoria
(1)In the heading to section 23 of the Road Safety Act 1986, for "Driver licence and learner permit" substitute "Driver licence document and learner permit document".
(2)In section 23 of the Road Safety Act 1986, for "driver licence or learner permit" substitute "physical driver licence document or physical learner permit document".
(3)At the end of section 23 of the Road Safety Act 1986 insert—
"(2)A digital driver licence document or digital learner permit document issued by the Secretary remains the intellectual property of the State.".
32New sections 23AA and 23AAB inserted
After section 23 of the Road Safety Act 1986 insert—
"23AA Secretary may approve software application for digital driver licence documents and digital learner permit documents
(1)The Secretary, by notice published in the Government Gazette, may approve a software application or a class of software applications for the purposes of delivering and displaying digital driver licence documents and digital learner permit documents.
(2)A notice under subsection (1) must include the following information—
(a)the name of the software application or a description of the class of software applications;
(b)the date on and from which the software application or the class of software applications is approved for use.
23AABUse of digital driver licence document or digital learner permit document after expiry, suspension, cancellation or surrender of licence or permit
(1)Subject to subsections (2) and (3), if a person's driver licence or learner permit expires or is suspended, cancelled or surrendered and the person holds a digital driver licence document or digital learner permit document—
(a)the Secretary must vary any digital driver licence document or digital learner permit document to record the expiry, suspension, cancellation or surrender; and
(b)the person may continue to use the digital driver licence document or digital learner permit document during the prescribed period solely for the purpose of providing evidence of the person's age or identity.
(2)The Secretary must ensure that a person whose driver licence or learner permit is cancelled on the grounds that the person obtained the licence or permit fraudulently is unable to access through the application approved under section 23AA that digital driver licence document or digital learner permit document for any purpose.
(3)The Secretary must ensure that a person who surrenders a driver licence document or learner permit document to the Secretary or to the driver licensing authority in another jurisdiction for cancellation is unable to access or use for any purpose any digital driver licence document or digital learner permit document issued to the person.".
33General duty of driver or person in charge of motor vehicle
(1)In section 59(1)(a) of the Road Safety Act 1986—
(a)for "produce for inspection his or her" substitute "produce or display for inspection (as the case requires) their";
(b)for "state his or her" substitute "state their".
(2)In section 59(1)(ab) of the Road Safety Act 1986, for "produce for inspection" substitute "produce or display for inspection (as the case requires)".
(3)In section 59(1A)(a) of the Road Safety Act 1986—
(a)for "produce for inspection his or her" substitute "produce or display for inspection (as the case requires) their";
(b)for "state his or her" substitute "state their".
(4)In section 59(2) of the Road Safety Act 1986—
(a)for "he or she" substitute "the person";
(b)for "his or her" (where first occurring) substitute "their";
(c)in paragraph (a), for "produce for inspection his or her" substitute "produce or display for inspection (as the case requires) their".
(5)In section 59(3) of the Road Safety Act 1986—
(a)for "produce" substitute "produce or display (as the case requires)";
(b)in paragraph (d)—
(i)for "produces" substitute "produces or displays (as the case requires)";
(ii)for "production" substitute "production or display".
34Obtaining licence etc. by false statements
In section 71 of the Road Safety Act 1986—
(a)in paragraph (a)—
(i)after "driver licence" (where first occurring) insert "or driver licence document";
(ii)after "learner permit" (where first occurring) insert "or learner permit document";
(b)in paragraph (b)—
(i)after "driver licence" insert "document";
(ii)after "learner permit" insert "document";
(c)for "any driver licence, learner permit, log book or registration, or any certificate so obtained" substitute "any driver licence or driver licence document, learner permit or learner permit document, log book or registration, or any certificate so obtained".
35Forgery etc. of documents and identification marks
(1)In section 72(1) of the Road Safety Act 1986—
(a)after "driver licence" insert "document";
(b)after "learner permit" insert "document".
(2)In section 72(2) of the Road Safety Act 1986—
(a)for "paper or other material" substitute "paper, other material or digital document";
(b)after "driver licence" insert "document";
(c)after "learner permit" insert "document".
(3)After section 72(3) of the Road Safety Act 1986 insert—
"(4)For the purposes of subsection (2), a digital document is in the custody or possession of a person if the person has the document readily accessible from an electronic device in that person's custody or possession.
(5)A person does not have a document readily accessible only because—
(a)the document is stored on the Internet; and
(b)the person has a device that is capable of accessing the Internet.".
36Content and copies of notice
In section 85L(1)(b) of the Road Safety Act 1986—
(a)after "driver licence" insert "document";
(b)after "learner permit" insert "document".
37Surrender of licence or permit document
(1)In section 85N(1) of the Road Safety Act 1986, for "the driver licence document or learner permit document" substitute "the physical driver licence document or physical learner permit document".
(2)After section 85N(1) of the Road Safety Act 1986 insert—
"(1A)Nothing in subsection (1) requires a person to surrender a digital driver licence document or digital learner permit document.".
38Cancellation of licence or permit for drink‑driving infringements
(1)In section 89C(5) of the Road Safety Act 1986, for "driver licence document or learner permit document" substitute "physical driver licence document or physical learner permit document".
(2)In section 89C(8) of the Road Safety Act 1986, for "driver licence or learner permit document" substitute "physical driver licence document or physical learner permit document".
(3)After section 89C(8) of the Road Safety Act 1986 insert—
"(9)Nothing in subsection (5) or (8) requires a person to surrender a digital driver licence document or a digital learner permit document.".
39Suspension of licence or permit for excessive speed infringement or drug‑driving infringement
(1)In section 89D(4) of the Road Safety Act 1986, for "driver licence document or learner permit document" substitute "physical driver licence document or physical learner permit document".
(2)In section 89D(7) of the Road Safety Act 1986, for "his or her driver licence document or learner permit document" substitute "the person's physical driver licence document or physical learner permit document".
(3)After section 89D(7) of the Road Safety Act 1986 insert—
"(8)Nothing in subsection (4) or (7) requires a person to surrender a digital driver licence document or a digital learner permit document.".
40Authorised use or disclosure
After section 90K(f) of the Road Safety Act 1986 insert—
"(fa)to any person for the purpose of verifying the authenticity of a digital driver licence document; or".
41Verification of information
(1)In section 90M(1) of the Road Safety Act 1986, for "driver licence or learner permit" substitute "driver licence document or learner permit document".
(2)In section 90M(2) of the Road Safety Act 1986, for "driver licence or learner permit" (where first occurring) substitute "driver licence document or learner permit document".
42Subject‑matter for regulations
(1)In item 28A of Schedule 2 to the Road Safety Act 1986, for "driver licence documents or learner permit documents" substitute "physical driver licence documents or physical learner permit documents".
(2)After item 28A of Schedule 2 to the Road Safety Act 1986 insert—
"28B.The process for applying for a digital driver licence document or digital learner permit document.
28C.The process for requesting withdrawal of a digital driver licence document or digital learner permit document.
28D.The information to be contained in a digital driver licence document or digital learner permit document.
28E.The circumstances in which a digital driver licence document or digital learner permit document may be issued.
28F.The circumstances in which a digital driver licence document or digital learner permit document may not be used and any limitations to the use of a digital driver licence document or digital learner permit document.
28G.The verification of non‑Victorian licences or permits in digital format.".
Division 6—Use of a prescription drug which is a legal medicinal cannabis product
42ADefinitions
In section 3(1) of the Road Safety Act 1986, in the definition of drug-driving infringement, after "(1E)" insert "or (1F)".
42BProvisions about cancellation and disqualification
(1)In section 50(1E) of the Road Safety Act 1986, for "On convicting" substitute "Subject to subsection (1F), on convicting".
(2)After section 50(1E) of the Road Safety Act 1986 insert—
"(1F)If an offence under section 49(1)(bb), (h) or (i) is in relation to the use of a prescription drug that is a legal medicinal cannabis product by a person in accordance with a prescription or other authority, on convicting the person, or finding the person guilty of an offence under section 49(1)(bb), (h) or (i)—
(a)subsection (1E) does not apply; and
(b)the court may, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for—
(i)in the case of a first offence, a period not less than 6 months; and
(ii)in the case of a subsequent offence, a period not less than 12 months.".
42CPrevious convictions
In section 50AA of the Road Safety Act 1986 in item 4 of the Table, for "and (1E)" substitute ", (1E) and (1F)".
42DNew section 58BA inserted
After section 58B of the Road Safety Act 1986 insert—
"58BA Review of amendments made by Division 6 of Part 2 of the Roads and Road Safety Legislation Amendment Act 2024
(1)The Minister must cause a review to be conducted of the operation of the amendments made to this Act by Division 6 of Part 2 of the Roads and Road Safety Legislation Amendment Act 2024.
(2)The review must be commenced after the second anniversary of the commencement of Division 6 of Part 2 of the Roads and Road Safety Legislation Amendment Act 2024.
(3)The Minister must cause a copy of the review to be laid before each House of the Parliament no later than 3 years after the commencement of Division 6 of Part 2 of the Roads and Road Safety Legislation Amendment Act 2024.".
PART 3—AMENDMENT OF OTHER ACTS
Division 1—Amendment of EastLink Project Act 2004
43Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
In section 219A(5)(c) of the EastLink Project Act 2004—
(a)omit "and penalty reminder notice fee" (where first occurring);
(b)after "Infringements Act 2006" insert ", any additional fee or cost that has been added to an infringement fine or infringement penalty under the Fines Reform Act 2014, the Infringements Act 2006 or regulations made under either of those Acts".
Division 2—Amendment of Marine (Drug, Alcohol and Pollution Control) Act 1988
44Effect of certain transport safety infringements
In section 61A(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 omit "Section 61 and".
45Extension of time to object if no actual notice
(1)In section 61B(1) of the Marine (Drug, Alcohol and Pollution Control) Act 1988, after "Court" insert "or apply to a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case requires,".
(2)In section 61B(2) of the Marine (Drug, Alcohol and Pollution Control) Act 1988, for "court must not grant an extension of time unless it is satisfied" substitute "court or registrar, as the case requires, may only grant an extension of time if satisfied".
(3)In section 61B(3) of the Marine (Drug, Alcohol and Pollution Control) Act 1988—
(a)after "court" (wherever occurring) insert "or registrar";
(b)in paragraph (b)—
(i)for "Infringements Act 2006 or the Fines Reform Act 2014" substitute "Infringements Act 2006, the Fines Reform Act 2014 or Schedule 3 to the Children, Youth and Families Act 2005";
(ii)for "that Act" substitute "any of those Acts";
(c)in paragraph (d), for "offence." substitute "offence; and";
(d)after paragraph (d) insert—
"(e)any of the following that have been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly)—
(i)an infringement fine or part of an infringement fine within the meaning of the Fines Reform Act 2014;
(ii)an infringement penalty or part of an infringement penalty within the meaning of the Infringements Act 2006;
(iii)additional fees and costs that have been added to an infringement fine or infringement penalty under the Fines Reform Act 2014, the Infringements Act 2006 or regulations made under the Fines Reform Act 2014 or the Infringements Act 2006;
(iv)an infringement penalty or part of an infringement penalty within the meaning of Schedule 3 to the Children, Youth and Families Act 2005.".
(4)In section 61B(3A) of the Marine (Drug, Alcohol and Pollution Control) Act 1988, for "the court if the court" substitute "a court if that court".
46Application of the Infringements Act 2006 or the Fines Reform Act 2014 to certain offences
(1)For the heading to section 61C of the Marine (Drug, Alcohol and Pollution Control) Act 1988 substitute—
"Application of Acts to certain offences".
(2)In section 61C of the Marine (Drug, Alcohol and Pollution Control) Act 1988, for "Infringements Act 2006 or the Fines Reform Act 2014" substitute "Infringements Act 2006, the Fines Reform Act 2014 or Schedule 3 to the Children, Youth and Families Act 2005".
Division 3—Amendment of Melbourne City Link Act 1995
47Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
In section 87A(5)(d) of the Melbourne City Link Act 1995—
(a)omit "and prescribed costs" (where first occurring);
(b)after "Infringements Act 2006" insert ", any additional fee or cost that has been added to an infringement fine or infringement penalty under the Fines Reform Act 2014, the Infringements Act 2006 or regulations made under either of those Acts".
Division 4—Amendment of North East Link Act 2020
48Granting extension of time
In section 91(1)(d) of the North East Link Act 2020—
(a)omit "and penalty reminder notice fee";
(b)after "Children, Youth and Families Act 2005" insert "or any additional fee or cost that has been added to an infringement fine or infringement penalty under the Fines Reform Act 2014, the Infringements Act 2006 or regulations made under either of those Acts".
Division 5—Amendment of Road Safety Camera Commissioner Act 2011
49Definitions
In section 3 of the Road Safety Camera Commissioner Act 2011, in the definition of road safety camera system, after "that Act" insert "other than an offence against section 65BA(1)".
Division 6—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
50Granting extension of time
In section 53(1)(d) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019—
(a)omit "and penalty reminder notice fee";
(b)after "Children, Youth and Families Act 2005" insert "or any additional fee or cost that has been added to an infringement fine or infringement penalty under the Fines Reform Act 2014, the Infringements Act 2006 or regulations made under either of those Acts".
PART 4—REPEAL OF THIS ACT
51Repeal of this Act
This Act is repealed on 13 August 2026.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up‑to‑date legislative information.
Minister's second reading speech—
Legislative Assembly: 14 August 2024
Legislative Council: 12 September 2024
The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986, the Melbourne City Link Act 1995, the EastLink Project Act 2004, the Road Safety Camera Commissioner Act 2011, the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, the North East Link Act 2020 and the Marine (Drug, Alcohol and Pollution Control) Act 1988 and for other purposes."
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