Transport Legislation (Amendment) Act 2004 (Vic)
Transport Legislation (Amendment) Act 2004
Act No. 110/2004
table of provisions
Section Page
Part 1—Preliminary Matters
1.Purpose
2.Commencement
Part 2—Amendments to the Chattel Securities Act 1987
3.Reporting of discharge etc. of registered security interest
Part 3—Amendments to the Melbourne City Link Act 1995
4.Publication of agreements
5.Evidence of agreements
6.Agreement as evidence
7.Amendment consequent to the Road Management Act 2004
8.Fixing of tolls
9.Liability to pay toll and toll administration fees
10.Insertion of sections 72A and 72B
72A.Exemptions from toll administration fee
72B.Charge of toll
11.Further changes concerning tolls
12.Offences detected by prescribed tolling devices
13.New section 87A inserted
87A.Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
14.Disclosure and use of information to and by the police
15.VicRoads may disclose certain information to a relevant corporation
16.New section 122 inserted
122.Transitional provision—Transport Legislation (Amendment) Act 2004
Part 4—Amendment of Police Regulation Act 1958
17.New Part VIB inserted
Part VIB—Disclosure of VEHICLE Accident Information
118L.Definitions
118M.Declaration of non-Victorian statutory insurance scheme laws and persons as statutory scheme insurers
118N.Certain persons may request vehicle accident information from police
118O.Form and content of application for vehicle accident information
118P.Disclosure of vehicle accident information
118Q.Disclosure or use of vehicle accident information for a purpose other than an authorised purpose prohibited
18.Vehicle accident information may be disclosed to certain persons by police
Part 5—Amendment to the Rail Corporations Act 1996
19.What determinations may deal with
Part 6—Amendments to the Road Management Act 2004
20.Widening of regulation-making powers
21.Additional power for VicRoads
Part 7—Amendments to the Road Safety Act 1986
22.Definitions
23.Different provision may be made on the basis of age in granting licences
24.Cancellation, suspension or variation of licences and permits by Corporation
25.Demerits Register
26.Demerits Register
27.Section 26 substituted and new section 26AA inserted
26.Appeal to Magistrates' Court
26AA.Appeal to Magistrates' Court—demerit points
28.Power of court to cancel, suspend or vary licences and permits
29.Appeal to County Court
30.Insertion of section 30A
30A.Court may extend suspension or disqualification period even if offence not committed
31.Alcohol interlocks
32.Offences detected by a photographic detection service
33.New section 67 inserted
67.Extension of time if no actual notice for certain traffic infringements
34.Insertion of sections 77A and 77B
77A.Extension of time limit for certain prosecutions
77B.Special defence for drivers of heavy vehicles
35.Parking infringements
36.Extension of time to object if no actual notice
37.Insertion of sections 93A and 93B
93A.Guidelines for industry codes of practice
93B.Registration of industry codes of practice
38.New section 103H inserted
103H.Transitional provision—sections 27 and 33 of the Transport Legislation (Amendment) Act 2004
39.Insertion of section 103I
103I.Application of amendments made by section 41 of the Transport Legislation (Amendment) Act 2004
40.Repeal of transferred definitions
41.Insertion of Parts 10 and 11
PART 10—PROVISIONS CONCERNING BREACHES of MASS, DIMENSION AND LOAD RESTRAINT limitS and requirements
Division 1—Preliminary Matters
150.Reference to vehicle includes loads and attached
vehicles151.Statement that mistake of fact defence does not apply not to affect other offences
Division 2—Categorisation of Breaches
152.Purpose of this Division
153.Mass limits
154.Width limit
155.Length limit
156.Height limit
157.Load restraint requirement
158.Upgrading of categorisation in certain circumstances
Division 3—Enforcement Powers Concerning Mass, Dimension or Load Restraint Breaches
159.Application of this Division
160.Meaning of "rectify a breach"
161.Reference to single offence includes multiple offences
162.Rectification of minor risk breaches
163.Rectification of substantial or severe risk breaches
164.Further provision concerning rectification places
165.General provisions concerning directions and authorisations
166.Conditions
167.Operation of directions in relation to a group of
vehicles168.Person must comply with a direction and conditions
169.Application of Division in relation to other directions
170.Amendment or revocation of directions or conditions
Division 4—Responsibility for Breaches of Mass, Dimension and Load Restraint Limits and Requirements
171.Liability of consignor
172.Liability of packer
173.Liability of loader
174.Liability of operator
175.Liability of driver
176.Liability of consignee
177.Multiple offenders
178.Penalties applying to offences under this Division and exclusion of double jeopardy
Division 5—Provisions Concerning Defences
179.Reasonable steps defence
180.Reasonable steps defence—reliance on container weight declaration
181.Exclusion of mistake of fact defence
Division 6—Container Weight Declarations
182.Consignor for the purposes of this Division
183.Container weight declarations
184.Duty of consignor
185.Duty of operator
186.Duty of driver
187.Liability of consignee—knowledge of matters relating to container weight declaration
Division 7—Sentencing Considerations for Mass, Dimension or Load Restraint Breaches
188.Matters to be taken into consideration by courts
Division 8—Other Matters
189.Offence to provide false or misleading transport or journey documentation
190.Other powers not affected
191.Contracting out prohibited
Part 11—ADDITIONAL Provisions Concerning Breaches of Mass, Dimension and Load Restraint limits and requirements by Heavy Vehicles
Division 1—Preliminary Matters
192.This Part only applies to relevant heavy vehicle
offences193.Definitions
194.Meaning of "associate"
195.Meaning of "operator"
Division 2—Additional Offences
196.Victimisation of employee or contractor assisting with, or reporting, offences
197.Other false or misleading statements
198.False or misleading information provided to a responsible person
Division 3—Vicarious Responsibility for Offences
199.Vicarious responsibility for officers and employees
200.Liability of directors, partners, employers and others
201.Liability of registered operators
202.Double jeopardy not to occur
Division 4—Additional Powers of Courts
203.Court may impose period of disqualification from registration
204.Commercial benefits penalty orders
205.Supervisory intervention orders
206.Contravention of supervisory intervention order
207.Prohibition orders
208.Contravention of prohibition order
Division 5—Improvement Notices
209.Improvement notices
210.Amendment of improvement notices
211.Cancellation of improvement notices
212.Appeals against notices
Division 6—Recognition of Certain Non-Victorian Matters
213.Effect of administrative actions of authorities of other jurisdictions
214.Effect of court orders of other jurisdictions
Division 7—Defences
215.Sudden or extraordinary emergency
216.Lawful authority
217.Special defence for owners or operators
218.Other defences
Division 8—Evidentiary Matters
219.Imputation of state of mind of consignee body corporate, employer etc.
220.Evidence regarding manufacturer's ratings
221.Transport documentation and journey documentation
222.Evidence of facts relevant to prosecutions
42.Minor amendments
43.Regulations concerning pilot vehicle drivers
Part 8—Amendments to the Road Safety (Drug Driving) Act 2003
44.Statute law revision
Part 9—Amendments to the Sentencing Act 1991
45.Alcohol interlocks
Part 10—Amendments to the Transport Act 1983
46.Insertion of sections 115A–115C
115A.Accreditation following direction
115B.Secretary may give directions concerning arrangements between manager and intending
operator115C.Secretary not liable for certain acts or omissions under section 115B
47.Review by Tribunal
48.Circumstances in which interstate commercial passenger vehicle may operate on highways
49.Transfers of licences
50.Assignments
51.Regulation-making powers—trading in taxi-cab licences
52.Other conditions of tow truck licences
53.Insertion of Division 10 into Part VI
Division 10—Events Affecting Public Transport
192.Meaning of "event" and "organiser"
193.Events to which this Division applies
194.Meaning of "regular public transport service"
195.Organiser must give notice of proposed event
196.Director may ask that a public transport plan be submitted
197.Public transport plans
198.Preparation of public transport plans
199.By when public transport plans to be submitted
200.Director may impose fee
201.Alternative arrangements if time limited
202.Director may waive or reduce time limits
203.Approval of public transport plans
204.Consequences of a failure to comply with this
Division
54.Police may also weigh vehicles
55.Clarification of ticket inspection provision
Part 11—Amendments to the Transport (Rights and Responsibilities) Act 2003
56.Extension of commencement date of amendment in Transport (Rights and Responsibilities) Act 2003
57.Minor amendments
Part 12—Amendments to the Port Services
Act 1995
58.Definitions
59.Reserved land
60.Insertion of new sections 65 and 66
65.Station Pier land deemed to be reserved land
66.Powers of Port of Melbourne Corporation in relation to reserved Crown land
61.Insertion of new Part 17
Part 17—Station Pier—Savings and Transitional
185.Definitions
186.Savings and transitional provisions for Station Pier
187.Transfer of property etc. from old body to Port of Melbourne Corporation
62.Further amendments to the Port Services Act 1995
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SCHEDULE
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Endnotes
Transport Legislation (Amendment) Act 2004
[Assented to 21 December 2004]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary Matters
1.Purpose
The purpose of this Act is to amend—
(a)the Chattel Securities Act 1987 to reduce the period in which the discharge or extinguishment of a registered security interest must be reported; and
(b)the Melbourne City Link Act 1995 to make various changes concerning tolling and tolling enforcement and various minor amendments in relation to agreements; and
(c)the Police Regulation Act 1958 to allow police to disclose vehicle accident information in certain cases; and
(d)the Rail Corporations Act 1996 to restrict what a determination concerning access to a rail transport service may contain; and
(e)the Road Management Act 2004 to enable VicRoads to sell the land from discontinued roads; and
(f)the Road Safety Act 1986—
(i)to authorise shorter driver licence periods for people who are 75 years of age or older; and
(ii)to require that an alcohol interlock condition be imposed for a longer period in certain cases; and
(iii)to make special provision in relation to breaches of mass, dimension and load restraint limits and requirements, in particular where those breaches involve heavy vehicles; and
(iv)to enable the certification of pilot vehicle drivers; and
(v)to otherwise improve the operation of that Act; and
(g)the Road Safety (Drug Driving) Act 2003 to make some statute law revision amendments; and
(h)the Sentencing Act 1991 to require that an alcohol interlock condition be imposed for a longer period in certain cases; and
(i)the Transport Act 1983—
(i)to enable deadlocks in relation to proposed agreements between the operators of rail infrastructure and the proposed operators of rolling stock to be resolved; and
(ii)to enable interstate commercial passenger vehicles to operate in Victoria in certain circumstances; and
(iii)to require the licensing authority to be satisfied of certain matters in relation to certain dealings for or in connection with the transfer of a taxi-cab licence or the assignment of rights to operate a vehicle under a taxi-cab licence before authorising the transfer of the licence or assignment of the right; and
(iv)to clarify the scope of the regulation making powers relating to trading in taxi-cab licences; and
(v)to require the organisers of events that may have an impact on public transport to prepare appropriate plans; and
(vi)to otherwise improve the operation of that Act; and
(j)the Transport (Rights and Responsibilities) Act 2003 in minor respects; and
(k)the Port Services Act 1995 to make further provision for Crown land reserves forming part of the port of Melbourne.
2.Commencement
(1)This Act (other than sections 8 to 13, 15, 16, 24, 26, 27, 29, 32, 33, 36, 38, 39, 41, 44 and 53 and Part 12) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Sections 8 to 11 and 15 come into operation on a day or days to be proclaimed.
(3)If a provision referred to in sub-section (2) does not come into operation before 1 July 2005, it comes into operation on that day.
(4)Sections 12, 13, 16, 24, 26, 27, 29, 32, 33, 36 and 38 come into operation on 1 February 2005.
(5)Sections 39 and 41 come into operation on a day to be proclaimed.
(6)If a provision referred to in sub-section (5) does not come into operation before 30 September 2005, it comes into operation on that day.
(7)Section 44(1) is deemed to have come into operation on 16 June 2004.
(8)Section 44(2) is deemed to have come into operation on 9 December 2003.
(9)Section 53 comes into operation on a day to be proclaimed.
(10)If section 53 does not come into operation before 1 January 2006, it comes into operation on that day.
(11)Part 12 comes into operation on a day to be proclaimed.
(12)If Part 12 does not come into operation before 1 December 2005, it comes into operation on that day.
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Part 2—Amendments to the Chattel Securities Act 1987
3.Reporting of discharge etc. of registered security interest
(1)In section 19 of the Chattel Securities Act 1987—
(a)for "fourteen days" substitute "7 days";
(b)at the foot of the section insert—
"Penalty: 5 penalty units.".
(2)At the end of section 19 of the Chattel Securities Act 1987 insert—
"(2)If a registered security interest is to be discharged or extinguished by a payment made by cheque or a credit facility, for the purposes of this section the discharge or extinguishment only occurs when the cheque is honoured or the person to whom the credit payment is made receives the amount of the payment in a form that the person can use.".
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Part 3—Amendments to the Melbourne City Link Act 1995
4.Publication of agreements
In section 18A(1) of the Melbourne City Link Act 1995, for "with any reprint of this Act" substitute "at the same time that this Act is reprinted".
5.Evidence of agreements
For section 18A(2) of the Melbourne City Link Act 1995 substitute—
"(2)A document purporting to be printed by the Government Printer and to be a copy of a reprint of an agreement made in accordance with sub-section (1) is, on the mere production of the document, admissible as evidence of the agreement before all courts or persons acting judicially within Victoria.".
6.Agreement as evidence
In section 18B(1) of the Melbourne City Link Act 1995, for "of the agreement" substitute "of the exhibit or variation (as the case may be)".
7.Amendment consequent to the Road Management Act 2004
In sections 62(2)(b) and 93I(2) the Melbourne City Link Act 1995, for "a State highway" (wherever occurring) substitute "an arterial road".
8.Fixing of tolls
(1)In the Melbourne City Link Act 1995—
(a)in section 69—
(i)insert the following heading—
"Definitions";
(ii)in the definition of "tollway billing arrangement", after "tollway operator" insert "(or an agent of a tollway operator)";
(b)in section 70—
(i)insert the following heading—
"Relevant corporation may fix, charge and collect tolls and toll administration fees";
(ii)in sub-section (1), after "in a toll zone" insert "and toll administration fees".
(2)After section 71(1) of the Melbourne City Link Act 1995 insert—
"(1A)If the Agreement or the Extension Agreement (as the case requires) expressly provides for the fixing of a toll administration fee under this sub-section, the relevant corporation, in accordance with this Act and the Agreement or the Extension Agreement (as the case requires), may, by notice published in the Government Gazette, fix toll administration fees that are payable to it and specify the circumstances in which they are payable.".
(3)After section 71(2) of the Melbourne City Link Act 1995 insert—
"(2A)A notice under sub-section (1A) may specify different toll administration fees in respect of different cases or classes of cases including different zones or groups of zones, different classes of vehicles and different toll payment methods or any combination of these.".
(4)In section 71 of the Melbourne City Link Act 1995—
(a)insert the following heading—
"Fixing of tolls and toll administration fees";
(b)in sub-sections (3) and (4), after
"sub-section (1)" insert "or (1A)";
(c)in sub-section (4)—
(i)omit "or for the recovery of the amount of a toll";
(ii)after "the toll" insert "or toll administration fee".
9.Liability to pay toll and toll administration fees
(1)In section 72 of the Melbourne City Link Act 1995, insert the following heading—
"Liability to pay toll and toll administration fees".
(2)For section 72(1) of the Melbourne City Link Act 1995 substitute—
"(1)Subject to this Part, a person who is the driver of a vehicle used in a toll zone is liable to pay to the relevant corporation—
(a)the toll charged by the relevant corporation for that use; and
(b)the relevant toll administration fee charged by the relevant corporation.".
(3)In section 72(4) of the Melbourne City Link Act 1995, after "the statement" (wherever occurring) insert "or declaration".
10.Insertion of sections 72A and 72B
After section 72 of the Melbourne City Link Act 1995 insert—
"72A.Exemptions from toll administration fee
Despite section 72, a toll administration fee is not payable in respect of a vehicle—
(a)that is registered with the relevant corporation; or
(b)that under the regulations is exempt from the payment of tolls; or
(c)that is used in a toll zone in accordance with a tollway billing arrangement.
72B.Charge of toll
(1)A relevant corporation may demand payment of a toll for the use of a vehicle in a toll zone and any relevant toll administration fee from—
(a)the owner of the vehicle; and
(b)the person named as the driver of the vehicle at the time of the trip in a sworn statement or statutory declaration supplied to the relevant corporation under section 72(3).
(2)A demand—
(a)must be in writing; and
(b)must identify separately each use for which a toll or toll administration fee is payable.".
11.Further changes concerning tolls
(1)After section 73(3) of the Melbourne City Link Act 1995 insert—
"(3A)In a proceeding for an offence against sub-section (1), it is a defence to the charge for the driver to prove—
(a)that he or she received, or was issued, an invoice in respect of the trip that is the subject of the charge; and
(b)that the invoice was paid in full (even though it may also have related to trips other than the trip that is the subject of the charge) in any manner, and within the time, permitted by the invoice.".
(2)After section 73(7) of the Melbourne City Link Act 1995 insert—
"(8)On a person being found guilty of an offence under sub-section (1), any debt that arose under section 72 as a result of the person driving in the toll zone on the day of the offence in the vehicle that was the subject of the offence is extinguished.".
(3)In section 77(1) of the Melbourne City Link Act 1995, for all words and expressions after "the relevant corporation or authorised person" substitute—
"may do any or all of the following at any time—
(a)send a request for payment of the toll and toll administration fee payable in respect of the use of the vehicle in the toll zone to any person who appears to be liable to pay the toll and fee; or
(b)notify the enforcement agency of that belief and request the enforcement agency—
(i)to send a request for payment of the toll and toll administration fee payable in respect of the use of the vehicle in the toll zone to any person who appears to be liable to pay the toll and fee; or
(ii)to serve an infringement notice under this Part on the owner of the vehicle involved in the offence or, if a sworn statement or statutory declaration has been supplied to the relevant corporation under section 72(3) in respect of that use, on the person named in the statement or declaration as the driver of the vehicle at the time of the use; or
(iii)to commence proceedings in respect of that offence under this Part.".
(4)In section 78(1) of the Melbourne City Link Act 1995—
(a)after "payment of the toll" insert "and toll administration fee";
(b)after "liable to pay the toll" insert "and fee".
(5)For section 82(1) of the Melbourne City Link Act 1995 substitute—
"(1)The penalty for an offence for which an infringement notice is issued under section 80 is $100.".
(6)Section 82(3) of the Melbourne City Link Act 1995 is repealed.
(7)In section 84(1) of the Melbourne City Link Act 1995—
(a)in paragraph (b), for "offence." substitute "offence; and";
(b)after paragraph (b) insert—
"(c)any debt that arose under section 72 as a result of the person driving in the toll zone on the day of the offence in the vehicle that was the subject of the offence is extinguished.".
12.Offences detected by prescribed tolling devices
At the end of section 87 of the Melbourne City Link Act 1995 insert—
"(7)For the avoidance of doubt, the owner of a vehicle who, by virtue of sub-section (1), is taken to be guilty of an offence is liable to the same penalties and subject to the same consequences to which he or she would have been liable and subject had he or she been the actual driver at the time of the occurrence of the offence.".
Note:This section comes into operation on 1 February 2005—see section 2(4).
13.New section 87A inserted
After section 87 of the Melbourne City Link Act 1995 insert—
"87A.Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
(1)If an infringement notice for an offence against section 73(1) is not served by delivering it personally to the person to whom it was issued, and that person is not in fact aware that it had been issued, the person may, within 14 days after becoming aware of it, apply in accordance with the regulations to the Magistrates' Court to have an extension of time of 28 days to deal with the notice in accordance with this section.
(2)The court may only grant an extension of time if it is satisfied that the person was not in fact aware, more than 14 days before making an application under sub-section (1), that the infringement notice had been issued.
(3)If the court grants an extension of time—
(a)any reference in sections 87(3) and 83(1) to a 28 day period must be read as a reference to the extended period; and
(b)if the appropriate amount specified in the infringement notice as penalty for the infringement has been paid before the extension of time was granted, the amount so paid must be refunded; and
(c)any of the procedures set out in Schedule 7 to the Magistrates' Court Act 1989 that are being used for the enforcement of the amount specified in the infringement notice as payable in respect of the offence for which the notice was issued must be discontinued and any warrant issued under that Schedule ceases to have effect; and
(d)a reference in section 85(1) to the expiration of the period specified in the notice must be read as a reference to the expiration of the extended time.
(4)Despite anything to the contrary in section 83(2A), an application for a withdrawal of an infringement notice under section 83(1) may be made even though the infringement penalty has been registered under Schedule 7 to the Magistrates' Court Act 1989.".
Note:This section comes into operation on 1 February 2005—see section 2(4).
14.Disclosure and use of information to and by the police
In section 90B(1) of the Melbourne City Link Act 1995, in the definition of "relevant road safety law", after paragraph (d) insert—
"(da)regulation 801 of the Road Safety (Vehicles) Regulations 1999; or".
15.VicRoads may disclose certain information to a relevant corporation
(1)In section 91(1) of the Melbourne City Link Act 1995—
(a)after paragraph (a) insert—
"(aa)to a relevant corporation for the purposes of section 72B or 77(1)(a); or";
(b)in paragraph (b), after "relevant person" insert ", relevant corporation".
(2)In section 91(2) of the Melbourne City Link Act 1995, after "disclose the information" insert "under sub-section (1)(a) or (1)(b)".
(3)After section 91(2) of the Melbourne City Link Act 1995 insert—
"(3)Sections 92(4), 92(5), 92(6) and 92(7) of the Road Safety Act 1986 apply to a disclosure under sub-section (1)(aa) as if it were a disclosure under section 92 of that Act.".
16.New section 122 inserted
After section 121 of the Melbourne City Link Act 1995 insert—
"122.Transitional provision—Transport Legislation (Amendment) Act 2004
Section 87A inserted by section 13 of the Transport Legislation (Amendment) Act 2004 applies to any infringement notice irrespective of whether or not it was issued before on or after the commencement of that section 13.".
Note:This section comes into operation on 1 February 2005—see section 2(4).
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Part 4—Amendment of Police Regulation Act 1958
17.New Part VIB inserted
After Part VIA of the Police Regulation Act 1958 insert—
'Part VIB—Disclosure of VEHICLE Accident Information
118L.Definitions
In this Part—
"authorised purpose" means, in relation to the disclosure or use of vehicle accident information relating to a vehicle accident, any one or more of the following purposes—
(a)to obtain legal advice in relation to the vehicle accident; or
(b)to recover any loss or damage incurred or suffered, or costs incurred, as a result of the vehicle accident, whether by way of legal proceedings or otherwise; or
(c)to assess and determine a claim under a contract of insurance made in relation to—
(i)the death or injury of a person as a result of the vehicle accident; or
(ii)the damage to, or destruction of, property as a result of the vehicle accident; or
(d)to assess and determine a claim for compensation under a statutory insurance scheme law in respect of the death of or injury to a person as a result of the vehicle accident; or
(e)to investigate the vehicle accident for a purpose set out in paragraph (a), (b), (c) or (d);
"authorised representative" means—
(a)a relevant insurer; or
(b)a person authorised, in writing, by a person referred to in section 118N(1)(a) to (c) to request vehicle accident information on that person's behalf in accordance with that section;
"injury" means personal or bodily injury and includes psychological or psychiatric injury;
"non-Victorian statutory insurance scheme law" means a law of another State or a Territory or the Commonwealth declared under section 118M to be a non-Victorian statutory insurance scheme law;
"personal representative", in relation to a person who dies or is injured, or whose property has been damaged or destroyed, as a result of a vehicle accident, means—
(a)if the person is a child, the parent or guardian of the child;
(b)if the person is a person with a disability and an administrator or guardian has been appointed under the Guardianship and Administration Act 1986 in respect of that person, that administrator or guardian;
(c)if the person does not have legal capacity and the person has appointed an attorney under an enduring power of attorney, that attorney;
(d)if the person dies as a result of the vehicle accident, the administrator or executor of that person's estate;
"registered operator" has the same meaning as in the Road Safety Act 1986;
"relevant insurer" means—
(a)statutory scheme insurer if that insurer must assess and determine a claim for compensation by a person referred to in section 118N(1)(a) or (b), or the personal representative of a person who dies or is injured as a result of a vehicle accident, under a statutory insurance scheme law;
(b)an insurer against whom a claim has been made under a contract of insurance by a person referred to in section 118N(1)(a) or (b), or the personal representative of a person who dies or is injured as a result of a vehicle accident or whose property is damaged or destroyed as a result of a vehicle accident;
"statutory scheme insurer" means—
(a)the Victorian WorkCover Authority established under the Accident Compensation Act 1985 or an authorised agent or self-insurer within the meaning of that Act; or
(b)the Transport Accident Commission established under the Transport Accident Act 1986; or
(c)a person established under a non-Victorian statutory insurance scheme law, or a person who assesses and determines claims for compensation under a non-Victorian statutory insurance scheme law, declared under section 118M to be a statutory scheme insurer;
"statutory insurance scheme law" means—
(a)the Accident Compensation Act 1985; or
(b)the Transport Accident Act 1986; or
(c)non-Victorian statutory insurance scheme law;
"vehicle" has the same meaning as in the Road Safety Act 1986;
"vehicle accident" means an incident involving a vehicle that results in—
(a)the death or injury of a person; or
(b)damage to, or the destruction of, property;
"vehicle accident information" means any of the following information relating to a vehicle accident held by the Chief Commissioner of Police that has been recorded, collected or obtained by a member of the police force in the course of his or her duty—
(a)information that identifies—
(i)the driver or registered operator or passenger of any vehicle involved in the vehicle accident;
(ii)a person who witnessed the vehicle accident;
(iii)a person who dies or is injured as a result of the vehicle accident;
(b)a statement of—
(i)the driver or a passenger of any vehicle involved in the vehicle accident;
(ii)a person who witnessed the vehicle accident;
(iii)a person injured as a result of the vehicle accident;
(c)information that identifies any vehicle involved in the vehicle accident; and
(d)the full particulars of the vehicle accident.
118M.Declaration of non-Victorian statutory insurance scheme laws and persons as statutory scheme insurers
The Minister, by notice published in the Government Gazette, may for the purpose of this Part declare—
(a)a law of another State or a Territory or the Commonwealth to be a non‑Victorian statutory scheme law;
(b)a person established under a non-Victorian statutory scheme law, or a person who assesses and determines claims for compensation under a non-Victorian statutory scheme law, to be a statutory scheme insurer.
118N.Certain persons may request vehicle accident information from police
(1)A person—
(a)who is injured as a result of a vehicle accident; or
(b)whose property is damaged or destroyed as a result of a vehicle accident; or
(c)who is a personal representative of a person who dies or is injured, or whose property is damaged or destroyed, as a result of a vehicle accident; or
(d)who is an authorised representative of a person referred to in paragraph (a) or (b), or a personal representative referred to in paragraph (c)—
may request from a member of the force, or a person employed in the office of the Chief Commissioner, vehicle accident information relating to the accident.
(2)A request may only be for an authorised purpose.
(3)A request must be in accordance with section 118O.
118O.Form and content of application for vehicle accident information
(1)Every request under section 118N must be in writing.
(2)A request from a person (other than an authorised representative) must also be accompanied by—
(a)if the person is a natural person—
(i)a statutory declaration by that person stating that the person is a person to whom section 118N(1) applies and the purpose of that person's request; and
(ii)proof, to the satisfaction of the Chief Commissioner, of the identity of that person; or
(b)if the person is not a natural person, a statutory declaration by an officer or employee of that person stating that the person is a person to whom section 118N(1) applies and the purpose of that person's request.
(3)A request from an authorised representative must also be accompanied by the relevant written authority (if required) and—
(a)if the authorised representative is a natural person, a statutory declaration by that person stating the purpose of their request for vehicle accident information; or
(b)if the authorised representative is not a natural person, a statutory declaration by an officer or employee of that person stating the purpose of their request for vehicle accident information.
(4)A request from a person who is a personal representative must also be accompanied by proof, to the satisfaction of the Chief Commissioner, that the person is a personal representative for the purposes of this Part.
118P.Disclosure of vehicle accident information
On receipt of a request under section 118N, a member of the force, or a person employed in the office of the Chief Commissioner, may disclose vehicle accident information to the person requesting the information under that section if the member or person is satisfied that the requirements set out in section 118O have been met.
118Q.Disclosure or use of vehicle accident information for a purpose other than an authorised purpose prohibited
(1)A person referred to in section 118N(1)(a) to (d) must not disclose or use vehicle accident information disclosed to that person by a member of the force, or a person employed in the office of the Chief Commissioner, except for an authorised purpose.
Penalty:60 penalty units.
(2)A person who obtains vehicle accident information from a person referred to in section 118N(1)(a) to (d) must not disclose or use vehicle accident information except for an authorised purpose.
Penalty:60 penalty units.'.
18.Vehicle accident information may be disclosed to certain persons by police
After section 127A(1C) of the Police Regulation Act 1958 insert—
'(1D)Sub-section (1) does not prevent a member of the force from disclosing vehicle accident information in accordance with Part VIB.
(1E)In sub-section (1D) "vehicle accident information" has the same meaning as in section 118L.'.
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Part 5—Amendment to the Rail Corporations Act 1996
19.What determinations may deal with
After section 38G(2) of the Rail Corporations Act 1996 insert—
"(3)A determination may not, without the written consent of the Secretary, interfere with the effect of a direction of the Secretary made under section 115B of the Transport Act 1983.".
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Part 6—Amendments to the Road Management Act 2004
20.Widening of regulation-making powers
In section 132(2) of the Road Management Act 2004—
(a)for paragraph (g) substitute—
"(g)regulating the conduct of anyone in or on any land or premises, or vehicle, owned or under the control of a road authority, or on a public road or in a construction zone;";
(b)in paragraph (h), after "road reserve," insert "construction zone,";
(c)in paragraph (k), after "roads" insert
", construction zones";
(d)in paragraph (w), for "infringement." substitute "infringement;";
(e)after paragraph (w) insert—
"(x)conferring a right of appeal or review to a specified court or tribunal against any decision of a road authority under the regulations and prescribing the procedures to be followed in relation to those appeals or reviews.".
21.Additional power for VicRoads
In Schedule 5 to the Road Management Act 2004, after clause 14 insert—
"15.VicRoads may sell land if road or part of road discontinued
(1)If VicRoads has discontinued the use of a road or part of a road, it may in accordance with this clause sell the land on which the road or part of the road was located, unless the land is administered under the Alpine Resorts (Management) Act 1997, the Crown Land (Reserves) Act 1978, the National Parks Act 1975 or the Forests Act 1958.
(2)The provisions of sections 207B to 207E and Schedule 10 of the Local Government Act 1989, so far as they are applicable and with any necessary alterations, modifications and substitutions, extend and apply to the road or part of the road so discontinued.".
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Part 7—Amendments to the Road Safety Act 1986
22.Definitions
(1)In section 3(1) of the Road Safety Act 1986 insert the following definitions—
'"approved road transport compliance scheme" means a scheme, agreement or arrangement that—
(a)is prescribed by the regulations; or
(b)is identified by, or is of a class identified by, the regulations—
and that makes provision for compliance with a road or transport law or a non-Victorian road or transport law;
Example
A scheme, agreement or arrangement that provides for a system of accreditation-based compliance or for a system involving the use of an intelligent transport system.
"associate" has the meaning set out in section 194;
"Australian road or transport law" means a road or transport law or a non-Victorian road or transport law;
"Australian road or transport law offence" means an offence against an Australian road or transport law;
"authorised officer" means a person authorised in writing by the Corporation or the Secretary under section 112;
"body corporate" includes the Crown in any capacity and any body or entity that is not an individual;
"consignee" has the meaning set out in section 176;
"consignor" has the meaning set out in section 171;
"container weight declaration" has the meaning set out in section 183, and includes a copy of such a declaration;
"corresponding Authority" means any body outside Victoria that has any functions in relation to roads, vehicles or transport that correspond with any of the functions of the Corporation;
"drive" includes to be in control of a vehicle;
"driver" of a vehicle includes—
(a)a two-up driver of the vehicle who is present in or near the vehicle; and
(b)a person who is driving the vehicle as a driver under instruction or under an appropriate learner permit;
"driver base" has the meaning set out in section 108;
"engage in conduct" means—
(a)do an act; or
(b)omit to do an act;
"equipment", in relation to a vehicle or combination, includes tools, devices and accessories in or on the vehicle or combination;
"freight container" means—
(a)a re-usable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711.1:2000, Freight containers—Classification, dimensions and ratings, that is designed for repeated use for the transport of goods by one or more modes of transport; or
(b)a re-usable container of the same or a similar design and construction to a container referred to in paragraph (a) though of different dimensions; or
(c)a container of a kind specified by the regulations for the purposes of this definition—
but does not include anything declared by the regulations to be excluded from this definition;
"garage address" of a heavy vehicle means—
(a)in the case of a vehicle that is normally kept at a depot or base of operations when not in use—the principal depot or base of operations of the vehicle; or
(b)in the case of a vehicle that is normally kept on a highway when not in use—
(i)where the vehicle has only one registered operator—the home address of the registered operator; or
(ii)where the vehicle has more than one registered operator—the home address of the registered operator whose home address is nearest the highway where it is kept; or
(c)in any other case, the place nominated by the applicant for registration as the place where the vehicle is normally kept;
"goods"includes animals (whether dead or alive) and containers (whether empty or not), but does not include people or fuel, water, lubricants, tools and other equipment or accessories that are necessary for the normal operation of the vehicle in which they are carried and that are not carried as cargo;
"inspector" means an authorised officer or a member of the police force;
"intelligent transport system" means a system involving the use of electronic or other technology (whether located in or on a vehicle or elsewhere) that has the capacity to monitor, collect, store, display, analyse or transmit information relating—
(a)to a vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or another person involved in road transport; and
(b)without limiting paragraph (a), to the operation of a vehicle in relation to its legal entitlements;
"journey documentation" means any documentation (other than transport documentation) directly or indirectly associated with—
(a)the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or
(b)goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport—
whether or not the documentation has been transmitted physically, electronically or in any other manner and whether or not the documentation relates to a particular journey or to journeys generally;
Example
The following are examples of journey documentation—
(a)documents kept or used or obtained by a responsible person in connection with the transport of goods or passengers;
(b)workshop, maintenance and repair records relating to a vehicle used, or claimed to be used, for the transport of goods or passengers;
(c)a subcontractor's payment advice relating to goods or passengers or the transport of goods or passengers;
(d)documents kept or used or obtained by the driver of the vehicle used, or claimed to be used, for the transport of goods or passengers, such as a driver's run sheet, a log book entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records;
(e)information reported through the use of an intelligent transport system;
(f)driver manuals and instruction sheets;
(g)advice in any form from check weighing carried out before, during or after a journey.
"legal entitlements" of a vehicle means the details of the authority, conferred by or under a relevant law or scheme, that entitles it to be operated for the transport of goods or passengers by road, and includes any entitlements arising under or affected—
(a)by a permit, authorisation, approval, exemption, notice or anything else given or issued under that law or scheme; or
(b)by restrictions, or by the application of restrictions, under a relevant law or scheme or other laws;
Example
Examples of restrictions in paragraph (b) include sign-posted mass limits for bridges and hazardous weather condition permits.
"load", in relation to a vehicle, means—
(a)all the goods, passengers and drivers in or on the vehicle; and
(b)all fuel, water, lubricants and readily removable tools and equipment carried in or on the vehicle and required for its normal operation; and
(c)anything that is used to enable goods or passengers to be carried in or on the vehicle and that is not part of the vehicle; and
(d)personal items used by a driver of the vehicle; and
(e)anything that is normally removed from the vehicle when not in use—
and includes a part of a load;
"loader" has the meaning set out in section 173;
"mass, dimension or load restraint limit or requirement" is any of the following as defined in Division 2 of Part 10: a mass limit, a width limit, a length limit, a height limit or a load restraint requirement;
"mass limit" has the meaning set out in section 153;
"night"means the period between sunset on one day and sunrise on the next day;
"non-Victorian road or transport law" means a law of an Australian jurisdiction other than Victoria—
(a)that regulates, in that jurisdiction, the same conduct that a road or transport law regulates in Victoria; or
(b)that is specified as a law for the purposes of this definition by the regulations;
"operator" has the meaning set out in section 195;
"package"of goods means the complete product of the packing of the goods for transport by road, consisting of the goods and their packaging;
"packaging" of goods means the container (including a freight container) in which the goods are received or held for transport by road, and includes anything that enables the container to receive or hold the goods or to be closed;
"packer" has the meaning set out in section 172;
"passenger", in relation to a vehicle, does not include the driver of the vehicle, a two-up driver of the vehicle or any person necessary for the normal operation of the vehicle;
"premises"includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place;
"reasonable steps defence" has the meaning set out in section 179;
"responsible person" means any person having, at a relevant time, a role or responsibilities associated with road transport, and includes any of the following—
(a)an owner of a heavy vehicle;
(b)a driver, including a two-up driver, of a heavy vehicle;
(c)an operator or registered operator of a heavy vehicle;
(d)a person in charge, or apparently in charge, of a heavy vehicle;
(e)a person in charge, or apparently in charge, of the garage address of a heavy vehicle or the driver base of a heavy vehicle;
(f)a person appointed under an approved road transport compliance scheme to have monitoring or other responsibilities under the scheme, such as responsibilities for certifying, monitoring or approving heavy vehicles under the scheme;
(g)an operator of an intelligent transport system;
(h)a person who consigns goods for transport by road;
(i)a person who packs goods in a freight container or other container or in a package or on a pallet for transport by road;
(j)a person who loads goods or a container on a heavy vehicle for transport by road;
(k)a person who unloads goods, or a container containing goods, consigned for transport by road;
(l)a person to whom goods are consigned for transport by road;
(m)a person who receives goods packed outside Australia in a freight container or other container or on a pallet for transport by road in Australia;
(n)an owner or operator of a weighbridge or other weighing facility used to weigh heavy vehicles or an occupier of premises where such a weighbridge or weighing facility is located;
(o)a person who consigned, or arranged for, or offered, a freight container to be transported by road;
(p)a person who controls, or directly influences, the loading or operation of a heavy vehicle;
(q)an agent, employer, employee or sub-contractor of any person referred to in the preceding paragraphs of this definition;
"road infrastructure" includes—
(a)a road, including its surface or pavement; and
(b)anything under or supporting a road or its surface or pavement and maintained by a road authority; and
(c)any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and
(d)any bridge or other work or structure located above, in or on a road and maintained by a road authority; and
(e)any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a)–(d); and
(f)anything declared by the regulations to be included in this definition;
but does not include anything declared by the regulations to be excluded from this definition;
"road or transport law" means—
(a)this Act;
(b)the Transport Act 1983;
(c)any regulation made under this Act or the Transport Act 1983;
"road or transport law offence" means an offence against a road or transport law;
"transport documentation" means—
(a)any contractual documentation directly or indirectly associated with—
(i)a transaction for, or relating to, the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or
(ii)goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport; or
(b)any associated documentation—
(i)contemplated in the contractual documentation; or
(ii)required by law, or customarily provided, in connection with the contractual documentation or with the transaction—
whether or not the documentation has been transmitted physically, electronically or in any other manner;
Example
Examples of transport documentation include an invoice, delivery order, consignment note, load manifest, vendor declaration, export receival advice, bill of lading, contract of carriage, sea carriage document, and container weight declaration, relating to goods or passengers.
"two-up driver" means a person who—
(a)shares with another person the driving of a heavy vehicle; and
(b)travels as a passenger on the vehicle whilst the other person is driving the vehicle;'.
(2)In section 3(1) of the Road Safety Act 1986, for the definition of "heavy vehicle" substitute—
' "heavy vehicle" means a motor vehicle or trailer that has a GVM greater than 4×5 tonnes, and includes—
(a)any other vehicle that is physically connected to the heavy vehicle (even if that other vehicle is not a heavy vehicle); and
(b)a bus that is used, or that is intended to be used, to carry passengers for reward or in the course of a business;'.
23.Different provision may be made on the basis of age in granting licences
(1)After section 19(3) of the Road Safety Act 1986 insert—
"(3A)Without limiting the generality of sub-sections (1) and (3), in exercising its discretion under this section, the Corporation may grant people of or over 75 years of age driver licences for shorter terms than the terms that usually apply to people who are less than 75 years of age.".
(2)At the end of section 95 of the Road Safety Act 1986 insert—
"(10)Without limiting the generality of sub-section (2)(b)(i), in relation to driver licensing, the regulations may make different provision for people of or over 75 years of age.".
24.Cancellation, suspension or variation of licences and permits by Corporation
In section 24(1) of the Road Safety Act 1986 omit "or section 25".
Note:This section comes into operation on 1 February 2005—see section 2(4).
25.Demerits Register
(1)After section 25(4B) of the Road Safety Act 1986 insert—
"(4BA)Sub-section (4B) does not apply if—
(a)a person is prosecuted under section 30 for driving while a suspension under this section is in force; and
(b)he or she is found not guilty on the grounds that he or she was not aware at the relevant time that his or her licence or permit had been suspended.
Note:In the circumstances set out in this sub-section, it is still open to a court under section 30A to order that the person serve an additional period of suspension of up to the period specified in section 30A(3).".
(2)For section 25(6) of the Road Safety Act 1986 substitute—
"(6) The fact that demerit points are recorded against the holder of a driver licence or learner permit is not admissible in evidence except—
(a)in proceedings on an appeal under section 26(1)(c); or
(b)if it is necessary to give evidence of that fact in order to establish—
(i)that the holder of the licence or permit had been sent a notice advising him or her that he or she had incurred demerit points; or
(ii)that the licence or permit had been suspended under this Act; or
(iii)that the holder of the licence or permit had been served with a notice advising him or her of such a suspension.".
26.Demerits Register
In section 25(6)(a) of the Road Safety Act 1986, for "section 26(1)(c)" substitute "section 26AA(1)".
Note:This section comes into operation on 1 February 2005—see section 2(4).
27.Section 26 substituted and new section 26AA inserted
For section 26 of the Road Safety Act 1986 substitute—
"26.Appeal to Magistrates' Court
(1)If the Corporation decides to—
(a)refuse an application for a driver licence, a driver licence variation or a permit; or
(b)in accordance with section 24(2), suspend, cancel or vary in any way a driver licence or permit—
the applicant or holder may, in accordance with the regulations, appeal against that decision to the Magistrates' Court.
(2)On an appeal under sub-section (1) the court must—
(a)re-determine the matter of the refusal, suspension, cancellation or variation; and
(b)hear any relevant evidence tendered by the appellant or the Corporation; and
(c)without limiting its discretion, take into consideration anything that the Corporation ought to have considered.
(3)If the court is satisfied that the refusal, suspension, cancellation or variation—
(a)results from a driving disqualification of the appellant in another State or Territory of the Commonwealth; or
(b)was required by the regulations—
the court must confirm the decision of the Corporation.
(4)Every decision of the Magistrates' Court on an appeal under this section must be given effect to by the Corporation.
26AA.Appeal to Magistrates' Court—demerit points
(1)If the Corporation suspends a driver licence or learner permit in accordance with section 25(3B)(a), (3B)(ab) or (3D), the holder of the driver licence or learner permit may, in accordance with the regulations and subject to sub-section (2), appeal against that suspension to the Magistrates' Court.
(2)An appeal under sub-section (1) against a suspension may only be made on either or both of the following grounds—
(a)that the Corporation recorded certain demerit points other than as required by the regulations;
(b)that an error has been made in the addition of the number of demerit points incurred by the appellant in a relevant period.
Note:In certain circumstances the Corporation is required to record demerit points against the owner of the motor vehicle—see section 66(6).
(3)The giving, in accordance with the regulations, of a notice of appeal under sub-section (1) stays the suspension of the licence or learner permit until—
(a)the date on which the appeal is determined; or
(b)if the appeal is discontinued, the date on which notice in writing of discontinuance is given in accordance with the regulations to both the Magistrates' Court and the Corporation.
(4)If the court is satisfied that the suspension was required by the regulations or section 25, the court must confirm the suspension.
(5)On an appeal under sub-section (1) the court may—
(a)in allowing the appeal, direct the Corporation—
(i)to record the demerit points as required by the regulations; or
(ii)to correct the error made in the addition of the number of demerit points incurred by the appellant in a relevant period; or
(b)in dismissing the appeal, order that the suspension take effect from a date specified in the order.
(6)Every decision of the Magistrates' Court on an appeal under this section must be given effect to by the Corporation.".
Note:This section comes into operation on 1 February 2005—see section 2(4).
28.Power of court to cancel, suspend or vary licences and permits
(1)In section 28(1A) of the Road Safety Act 1986, for "section 50(1), 60(2), 61(6) or 64(2)" substitute "this Act".
(2)After section 28(1A) of the Road Safety Act 1986 insert—
"(1B)If a court convicts a person of, or is satisfied that a person is guilty of, an offence—
(a)that is constituted by, or that has as a necessary element, the breach of a mass, dimension or load restraint limit or requirement; and
(b)where the breach is committed in respect of a heavy vehicle—
in addition to anything the court may do under sub-section (1)(b), the court may vary any driver licence or permit held by the person.".
29.Appeal to County Court
In section 29(3) of the Road Safety Act 1986, after "section 26" insert "or section 26AA".
Note:This section comes into operation on 1 February 2005—see section 2(4).
30.Insertion of section 30A
After section 30 of the Road Safety Act 1986 insert—
"30A.Court may extend suspension or disqualification period even if offence not committed
(1)This section applies if a person is found not guilty of an offence against section 30 on the grounds that he or she was not aware at the relevant time—
(a)that his or her authorisation had been suspended; or
(b)that he or she was disqualified from obtaining an authorisation.
(2)The court hearing the matter may order that the person serve a period of suspension or disqualification that is in substitution for any of the period of suspension or disqualification that applied to the person at the relevant time during which the person was not aware of the suspension or disqualification.
(3)The maximum period that the court may impose under sub-section (2) is a period equal to the period between—
(a)when the person's authorisation was suspended, or when the period of disqualification started; and
(b)when the person was made aware of the suspension or disqualification, or the period of suspension or disqualification ended, whichever is the earlier.
(4)For the purposes of appeal or review, any period of suspension or disqualification imposed under sub-section (2) is to be treated as if it had been imposed for the same reason that the original period of suspension or disqualification was imposed.".
31.Alcohol interlocks
(1)For section 50AAA(3A)(a) of the Road Safety Act 1986 substitute—
"(a)the offence was not a first offence; and".
(2)In section 50AAB of the Road Safety Act 1986—
(a)in sub-section (1), for "or (3)(b)" substitute ", 50AAA(3)(b) or 50AAA(3A)";
(b)in sub-section (3), after "under section 50AAA(3)(b)" insert "or 50AAA(3A)".
(3)For section 50AAB(3)(a) of the Road Safety Act 1986 substitute—
"(a)at least 6 months after the condition is imposed in the case of a second offence under section 49(1)(b), (f) or (g) where the concentration of alcohol—
(i)in the person's blood at the relevant time was less than 0×15 grams per 100 millilitres of blood; or
(ii)in the person's breath at the relevant time was less than 0×15 grams per 210 litres of exhaled air—
as the case requires; or".
(4)In section 50AAC(1) of the Road Safety Act 1986—
(a)for "or (3)(b)" substitute ", 50AAA(3)(b) or 50AAA(3A)";
(b)in paragraph (b), for "applies)—" substitute "applies); or";
(c)after paragraph (b) insert—
"(c)in the case of a direction under section 50AAA(3A)—
(i)the giving of the direction; or
(ii)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 the minimum period set out in section 50AAB(3)(a) or (b) (whichever applies)—".
32.Offences detected by a photographic detection service
After section 66(5) of the Road Safety Act 1986 insert—
"(6)For the avoidance of doubt, the owner of a motor vehicle or trailer who, by virtue of sub-section (1), is taken to be guilty of an offence is liable to the same penalties and subject to the same consequences to which he or she would have been liable and subject had he or she been the actual driver at the time of the occurrence of the offence.".
Note:This section comes into operation on 1 February 2005—see section 2(4).
33.New section 67 inserted
After section 66 of the Road Safety Act 1986 insert—
"67.Extension of time if no actual notice for certain traffic infringements
(1)If a traffic infringement notice (other than a notice issued in respect of a drink-driving infringement or an excessive speed infringement) is not served by delivering it personally to the person to whom it was issued, and that person is not in fact aware that it had been issued, the person may, within 14 days after becoming aware of it, apply in accordance with the regulations to the Magistrates' Court to have an extension of time of 28 days to deal with the notice in accordance with this section.
(2)The court may only grant an extension of time if it is satisfied that the person was not in fact aware, more than 14 days before making an application under sub-section (1), that the traffic infringement notice had been issued.
(3)If the court grants an extension of time—
(a)any reference in sections 66(3) and 88(3) to a 28 day period must be read as a reference to the extended period; and
(b)any cancellation, disqualification or suspension, and any extension of probation, that resulted from the traffic infringement notice is set aside; and
(c)if the appropriate amount specified in the traffic infringement notice as penalty for the infringement has been paid before the extension of time was granted, the amount so paid must be refunded; and
(d)any demerit points recorded as a result of the traffic infringement notice are cancelled; and
(e)anything done by the person before he or she became aware that the traffic infringement notice had been issued that constituted an offence only because of any cancellation, disqualification or suspension, or any extension of probation, that resulted from the traffic infringement notice must be taken not to constitute that offence; and
(f)any of the procedures set out in Schedule 7 to the Magistrates' Court Act 1989 that are being used for the enforcement of the amount specified in the traffic infringement notice as payable in respect of the offence for which the notice was issued must be discontinued and any warrant issued under that Schedule ceases to have effect; and
(g)any period of cancellation, disqualification or suspension, and any extension of probation, of a driver licence or permit that—
(i)resulted from the traffic infringement notice; and
(ii)occurred after the person became aware that the traffic infringement notice had been issued—
must be taken into account by any court which subsequently finds the person guilty of the offence in respect of which the traffic infringement notice was issued; and
(h)a reference in section 89(4) to the expiration of the period specified in the notice must be read as a reference to the expiration of the extended time.
(4)Despite anything to the contrary in section 88(3AA), an application for a withdrawal of a traffic infringement notice under section 88(3) may be made even though the infringement penalty has been registered under Schedule 7 to the Magistrates' Court Act 1989.".
Note:This section comes into operation on 1 February 2005—see section 2(4).
34.Insertion of sections 77A and 77B
After section 77 of the Road Safety Act 1986 insert—
"77A.Extension of time limit for certain prosecutions
Despite anything to the contrary in section 26(4) of the Magistrates' Court Act 1989, a proceeding for an offence under Division 4 or 6 of Part 10 against a person in any capacity other than as a driver or operator of a vehicle may be commenced within 2 years after the commission of the alleged offence.
77B.Special defence for drivers of heavy vehicles
(1)This section applies to an offence involving deficiencies concerning a heavy vehicle if the offence is alleged to have been committed by a person as the driver of the vehicle.
(2)It is a defence to a charge for the offence if the person establishes that he or she (whether as driver or otherwise)—
(a)did not cause, or contribute to, the deficiencies and had no responsibility for, or control over, the maintenance of the vehicle or its equipment at any relevant time; and
(b)did not know, and could not reasonably be expected to have known, of the deficiencies; and
(c)could not reasonably be expected to have sought to ascertain whether there were, or were likely to be, deficiencies concerning the vehicle.".
35.Parking infringements
After section 87(4) of the Road Safety Act 1986 insert—
"(5)If a municipal council fixes a penalty under sub-section (4) in relation to a parking infringement, a member of the police force issuing a parking infringement notice in respect of the infringement may specify in the notice one or other of the following as the penalty payable under the notice—
(a)the amount fixed by the council as the penalty; or
(b)the amount specified by the regulations as the penalty in respect of the infringement.".
36.Extension of time to object if no actual notice
In section 89B(1) of the Road Safety Act 1986, for "7 days" substitute "14 days".
Note:This section comes into operation on 1 February 2005—see section 2(4).
37.Insertion of sections 93A and 93B
After section 93 of the Road Safety Act 1986 insert—
"93A.Guidelines for industry codes of practice
(1)The Corporation may issue guidelines with respect to the preparation and contents of industry codes of practice, and may from time to time cancel, amend or replace the guidelines.
(2)The guidelines may make provision for or with respect to—
(a)the review of registered industry codes of practice; and
(b)the period for which registration under section 93B of an industry code of practice remains in force (unless sooner revoked).
93B.Registration of industry codes of practice
(1)The Corporation may register industry codes of practice prepared in accordance with the guidelines in force under this Division.
(2)The Corporation may revoke the registration of an industry code of practice.
(3)The Corporation may register an industry code of practice unconditionally or subject to conditions specified in the instrument of registration.
(4)The Corporation may attach new conditions to an existing registration, and may revoke or amend any conditions attached to a registration.
(5)Registration of an industry code of practice remains in force (unless sooner revoked) until the earlier of the following—
(a)the end of the period of currency (if any) specified in the instrument of registration; or
(b)the end of the period specified in the guidelines.".
38.New section 103H inserted
After section 103G of the Road Safety Act 1986 insert—
"103H.Transitional provision—sections 27 and 33 of the Transport Legislation (Amendment) Act 2004
(1)Section 26, as in force immediately before the commencement of section 27 of the Transport Legislation (Amendment) Act 2004, applies, despite its repeal, to any appeal made under section 26 before the commencement of that section 27.
(2)Section 67 inserted by section 33 of the Transport Legislation (Amendment) Act 2004 applies to any traffic infringement notice irrespective of whether or not it was issued before on or after the commencement of that section 33.".
Note:This section comes into operation on 1 February 2005—see section 2(4).
39.Insertion of section 103I
After section 103H of the Road Safety Act 1986 insert—
"103I.Application of amendments made by section 41 of the Transport Legislation (Amendment) Act 2004
Parts 10 and 11, as inserted by section 41 of the Transport Legislation (Amendment) Act 2004, only apply to offences that occur on or after the date of commencement of that section.".
40.Repeal of transferred definitions
In section 106 of the Road Safety Act 1986 omit the definitions of "approved road transport compliance scheme", "authorised officer", "driver base", "garage address", "goods", "heavy vehicle", "inspector", "intelligent transport system", "journey documentation", "legal entitlements", "load", "non-Victorian road or transport law", "passenger", "premises", "responsible person", "road or transport law", "transport documentation" and "two-up driver".
41.Insertion of Parts 10 and 11
After Part 9 of the Road Safety Act 1986 insert—
'PART 10—PROVISIONS CONCERNING BREACHES of MASS, DIMENSION AND LOAD RESTRAINT limitS and requirements
Division 1—Preliminary Matters
150.Reference to vehicle includes loads and attached vehicles
A reference in this Part to a vehicle is to be read as including a reference—
(a)to anything on or in the vehicle; and
(b)in a case where a group of vehicles are physically connected, to each vehicle in the group—
unless the contrary intention appears.
151.Statement that mistake of fact defence does not apply not to affect other offences
The statement in this Part that a person does not have the benefit of the mistake of fact defence is solely intended for the purposes of this Part, and it is not intended to affect the question of whether that defence is, or is not, available to a person in relation to any offence outside this Part.
Division 2—Categorisation of Breaches
152.Purpose of this Division
The purpose of this Division is to classify certain breaches of mass, dimension and load restraint limits and requirements into one of the following categories—
(a)minor risk breaches;
(b)substantial risk breaches;
(c)severe risk breaches.
Note:Different enforcement powers and penalties apply in this Part in relation to different breaches of mass, dimension and load restraint limits and requirements depending on the categorisations ascribed to the breaches by this Division.
153.Mass limits
(1)A "mass limit" is a limit specified under this Act concerning the mass of—
(a)a vehicle; or
(b)any component of a vehicle.
(2)Without limiting sub-section (1), the following are mass limits—
(a)a limit concerning—
(i)the gross mass of a vehicle (that is, the unladen mass of the vehicle together with any load in or on the vehicle); or
(ii)the mass on a tyre, an axle or an axle group of the vehicle;
(b)a limit concerning axle spacing;
(c)mass limits set out on signs erected or displayed under this Act (for example, a sign-posted bridge limit).
(3)A breach of a mass limit is a minor risk breach if—
(a)in the case of a mass limit that relates to the gross mass of a vehicle, the amount by which the limit is exceeded is less than either or both of the following—
(i)5% of the maximum permissible mass; or
(ii)0×5 tonnes; or
(b)in any other case, the amount by which the limit is exceeded is less than 5% of the maximum permissible mass.
(4)Subject to sub-section (3)(a)(ii), a breach of a mass limit is a substantial risk breach if the amount by which the limit is exceeded is 5% or more of the maximum permissible mass, but less than 20% of the maximum permissible mass.
(5)A breach of a mass limit is a severe risk breach if the amount by which the limit is exceeded is 20% or more of the maximum permissible mass.
(6)For the purposes of this section, all relevant measurements are to be rounded up to the nearest 0×1 tonnes.
154.Width limit
(1)For the purposes of this section, a "width limit" is a limit specified under this Act concerning—
(a)the maximum width of a vehicle; or
(b)the maximum distance that the load of a vehicle may project from the side of the vehicle.
(2)A breach of a width limit is a minor risk breach if the amount by which the permitted width or distance is exceeded is less than 40 mm.
(3)A breach of a width limit is a substantial risk breach if the amount by which the permitted width or distance is exceeded is 40 mm or more but less than 80 mm.
(4)A breach of a width limit is a severe risk breach if the amount by which the permitted width or distance is exceeded is 80 mm or more.
155.Length limit
(1)For the purposes of this section, a "length limit" is a limit specified under this Act concerning the maximum length of a vehicle.
(2)A breach of a length limit is a minor risk breach if the amount by which the permitted length is exceeded is less than 350 mm.
(3)A breach of a length limit is a substantial risk breach if the amount by which the permitted length is exceeded is 350 mm or more but less than 600 mm.
(4)A breach of a length limit is a severe risk breach if the amount by which the permitted length is exceeded is 600 mm or more.
156.Height limit
(1)For the purposes of this section, a "height limit" is a limit specified under this Act concerning the maximum height of a vehicle.
(2)A breach of a height limit is a minor risk breach if the amount by which the permitted height is exceeded is less than 150 mm.
(3)A breach of a height limit is a substantial risk breach if the amount by which the permitted height is exceeded is 150 mm or more but less than 300 mm.
(4)A breach of a height limit is a severe risk breach if the amount by which the permitted height is exceeded is 300 mm or more.
157.Load restraint requirement
(1)For the purposes of this section, a "load restraint requirement" is a requirement imposed under this Act concerning the securing or restraining of a load (other than people) carried by a vehicle.
(2)A breach of a load restraint requirement is a minor risk breach if the breach occurs in circumstances that do not involve any danger to any person or the risk of any damage to any property or to the environment.
(3)A breach of a load restraint requirement is a substantial risk breach if the breach occurs in circumstances that pose a danger to any person or the risk of damage to any property or to the environment.
(4)A breach of a load restraint requirement is a severe risk breach if the breach occurs in circumstances in which harm occurs to one or more people or in which any property is damaged or damage occurs to the environment.
158.Upgrading of categorisation in certain circumstances
(1)In this section, a "relevant circumstance" is any of the following circumstances—
(a)at night; or
(b)in hazardous weather conditions causing reduced visibility; or
(c)on a declared route; or
(d)in a declared zone.
(2)If a breach that would otherwise be a minor risk breach occurs in any relevant circumstance, then the breach becomes, by virtue of occurring in that circumstance, a substantial risk breach.
(3)If a breach that would otherwise be a substantial risk breach occurs in any relevant circumstance, then the breach becomes, by virtue of occurring in that circumstance, a severe risk breach.
(4)Sub-section (3) does not apply to a breach that is a substantial risk breach as a result of sub-section (2).
(5)In this section—
"declared route" means a road, or a part of a road, declared by the Minister, by notice published in the Government Gazette, to be a declared route for the purposes of this section;
"declared zone" means a zone declared by the Minister, by notice published in the Government Gazette, to be a declared zone for the purposes of this section.
Division 3—Enforcement Powers Concerning Mass, Dimension or Load Restraint Breaches
159.Application of this Division
(1)This Division applies if an inspector believes on reasonable grounds that a vehicle is in breach of a mass, dimension or load restraint limit or requirement, and the vehicle is on or in any of the following places—
(a)any highway; or
(b)any public place; or
(c)any premises occupied or owned by the Corporation or by any other public authority; or
(d)any premises that an inspector is authorised to enter under this Act; or
(e)any other place, but only if the vehicle has entered that place as the immediate result of it being involved in an accident on or near a highway.
115C.Secretary not liable for certain acts or omissions under section 115B
(1)The Secretary is not personally liable for anything done or omitted to be done in good faith—
(a)in exercising any of the Secretary's powers under section 115B; or
(b)in the reasonable belief that the act or omission was in the exercise of a power under section 115B.
(2)Any liability resulting from an act or omission that would but for sub-section (1) attach to the Secretary attaches to the State of Victoria.".
47.Review by Tribunal
After section 129B(1)(b) of the Transport Act 1983 insert—
"(ba)a notice or direction under section 115B; or".
48.Circumstances in which interstate commercial passenger vehicle may operate on highways
(1)In section 139(1) of the Transport Act 1983, for "sub-section (1A)" substitute "sub-sections (1A) and (1B)".
(2)After section 139(1A) of the Transport Act 1983 insert—
"(1B)A vehicle that is permitted under the laws of another State or Territory to operate as the equivalent of a commercial passenger vehicle may operate on a highway, if, in accordance with those laws—
(a)it is used to pick up a passenger in that other State or Territory and to take the passenger to a destination in Victoria, and it operates on the highway solely for that purpose; or
(b)having been pre-booked to do so, it is used to pick up a passenger in Victoria for the purpose of taking the passenger to a destination in that other State or Territory, and it operates on the highway solely for that purpose; or
(c)it is used to pick up a passenger in a State or Territory other than Victoria and to take the passenger to a destination in a State or Territory other than Victoria, and it operates on the highway solely for that purpose.
(1C)Sub-section (1B) does not apply to a vehicle that is being used to operate a road transport passenger service within the meaning of the Public Transport Competition Act 1995.".
(3)After section 156(5) of the Transport Act 1983 insert—
"(6)Despite anything to the contrary in this section, it is not necessary for a driver to hold a driver's certificate under this section if—
(a)he or she is driving a vehicle that is permitted under the laws of another State or Territory to operate as the equivalent of a commercial passenger vehicle; and
(b)he or she is driving the vehicle in Victoria in the circumstances set out in section 139(1B).".
49.Transfers of licences
After section 149(3) of the Transport Act 1983 insert—
'(3A)In addition to sub-section (3), the licensing authority may authorize the transfer of a taxi-cab licence if—
(a)a relevant dealing is a dealing of a kind or a class, and related information is information of a kind or class, that is required under the regulations to be, as the case requires, conducted, recorded or disclosed in accordance with—
(i)the rules of a securities exchange or other system specified by the Secretary; or
(ii)a method or rules specified by the Secretary; and
(b)the licensing authority is satisfied that—
(i)the relevant dealing has been so conducted, recorded or disclosed; and
(ii)the related information has been so recorded or disclosed.
(3B)In sub-section (3A)—
"relevant dealing" means a dealing for or in connection with the transfer of a taxi-cab licence;
"related information" means information relating to a relevant dealing or necessary to enable a relevant dealing to be conducted.'.
50.Assignments
After section 150(2) of the Transport Act 1983 insert—
'(2A)Without limiting sub-section (2), the licensing authority may grant an application if—
(a)a relevant dealing is a dealing of a kind or a class, and related information is information of a kind or class, that is required under the regulations to be, as the case requires, conducted, recorded or disclosed in accordance with—
(i)the rules of a securities exchange or other system specified by the Secretary; or
(ii)a method or rules specified by the Secretary; and
(b)the licensing authority is satisfied that—
(i)the relevant dealing has been so conducted, recorded or disclosed; and
(ii)the related information has been so recorded or disclosed.
(2B)In sub-section (2A)—
"relevant dealing" means a dealing for or in connection with the assignment of the right to operate a vehicle under a taxi-cab licence;
"related information" means information relating to a relevant dealing or necessary to enable a relevant dealing to be conducted.'.
51.Regulation-making powerstrading in taxi-cab licences—
(1)In section 162(1)(ma) of the Transport Act 1983—
(a)sub-paragraphs (iii) and (v) are repealed; and
(b)in sub-paragraph (iv), after "provided" insert "by a person trading in taxi-cab licences".
(2)After section 162(1)(ma) of the Transport Act 1983 insert—
"(mb)authorising a person, or class of person, to trade in taxi-cab licences (within the meaning of section 150A) in specified circumstances;
(mc)specifying dealings or classes of dealings for or in connection with the transfer of taxi-cab licences or the assignment of rights to operate vehicles under taxi-cab licences that must be conducted, recorded or disclosed in accordance with—
(i)the rules of a securities exchange or other system specified by the Secretary; or
(ii)a method or rules specified by the Secretary;
(md)specifying information or classes of information—
(i)relating to dealings or classes of dealings referred to in paragraph (mc); or
(ii)necessary to enable dealings or classes of dealings referred to in paragraph (mc) to be conducted—
that must be recorded or disclosed in accordance with the rules of a securities exchange or other system specified by the Secretary, or a method or rules specified by the Secretary;
(me)enabling the Secretary to specify a securities exchange or other system or a method or rules referred to in paragraphs (mc) and (md);".
52.Other conditions of tow truck licences
(1)In section 175A of the Transport Act 1983—
(a)in sub-section (2)(a), for "or" substitute "and";
(b)for sub-section (3)(c) substitute—
"(c)the scheme and the code of practice otherwise comply with the regulations.";
(c)in sub-section (6), for "Sub-sections (4) and (5) do" substitute "Sub-section (4) does";
(d)in sub-section (7), for "sub-sections (4) and (5)" substitute "sub-section (4)".
(2)For sections 175A(4) and 175A(5) of the Transport Act 1983 substitute—
"(4)If the licensing authority makes a determination under sub-section (2), it is an implied condition of an accident towing licence or a heavy accident tow truck towing licence (as the case may be) that the holder of the licence—
(a)be accredited to operate in the towing industry under the accreditation scheme specified in the determination; and
(b)must observe the provisions of the code or codes of practice specified in the determination.".
(3)In section 175B of the Transport Act 1983—
(a)in sub-section (1), for "section 175A(2)(a)" substitute "section 175A(2)";
(b)in sub-section (2), for "Section 175A(4)" substitute "Section 175A(4)(a)".
(4)In section 175C of the Transport Act 1983—
(a)in sub-section (1), for "section 175A(2)(b)" substitute "section 175A(2)";
(b)in sub-section (4), for "Section 175A(5)" substitute "Section 175A(4)(b)".
(5)In section 175D(2) of the Transport Act 1983, for "Sections 175A(4) and 175A(5) do" substitute "Section 175A(4) does".
53.Insertion of Division 10 into Part VI
After Division 9 of Part VI of the Transport Act 1983 insert—
'Division 10—Events Affecting Public Transport
192.Meaning of "event" and "organiser"
(1)In this Division, an "event" is a gathering of people for a common purpose or purposes that is organised by a person or body.
(2)For the purposes of this Division, the "organiser" of an event is the person or body that is primarily responsible for organising the event.
193.Events to which this Division applies
This Division only applies to an event if it is reasonable to expect that the event will require the deviation, delay, replacement, supplementation or cancellation of a regular public transport service provided by a passenger transport company or a bus company.
194.Meaning of "regular public transport service"
For the purposes of this Division, a public transport service is regular if it is scheduled to occur on a regular basis at fixed times or frequencies on fixed routes.
195.Organiser must give notice of proposed event
(1)The organiser of an event must notify the Director that the event is to be held—
(a)in the case of an event that is reasonably expected to attract an attendance of no more than 10 000 people, at least 120 days before the event starts, if the date of the event is set or known by the organiser at least 120 days before the event is to start; or
(b)in the case of an event that is reasonably expected to attract an attendance of more than 10 000 people, at least 150 days before the event starts, if the date of the event is set or known by the organiser at least 150 days before the event is to start; or
(c)as soon as is practicable after the date of the event is set or known by the organiser, if that date is only set or known less than 120 or 150 days (as the case may be) before the event is to start.
(2)The notification of the event—
(a)must be made in writing; and
(b)must contain a description of the event and any other details required by the Director by notice published in the Government Gazette.
196.Director may ask that a public transport plan be submitted
After receiving notification of an event, the Director may, after consultation with each municipal council in whose municipal district the event is to be held, ask the organiser of the event to submit a public transport plan for the event to the Director.
197.Public transport plans
(1)A public transport plan is a document that identifies the impact an event is expected to have on regular public transport services and that sets out—
(a)the measures by which it is proposed to mitigate that impact; and
(b)any proposals to modify the affected services to provide for any additional public transport needs generated by the event.
(2)Without limiting the generality of sub-section (1), a public transport plan must address the following issues arising from the event to the extent that they contribute to the impact of the event on public transport—
(a)the management of vehicular traffic;
(b)the management of the movement of pedestrians;
(c)the provision of public transport services;
(d)the safety of people in relation to public transport services;
(e)the provision of access by emergency services to, or through the area affected by, the event;
(f)the maintenance of access to public transport services from properties in, or next to, the area affected by the event;
(g)the existence, or provision, of parking facilities.
198.Preparation of public transport plans
(1)If the organiser of an event is asked by the Director to prepare a public transport plan for the event, the organiser must—
(a)advise all affected passenger transport companies and bus companies of the event and its expected impact, and seek proposals from them as to how to deal with that impact; and
(b)in the light of those proposals, attempt to negotiate an agreement with those companies on how to deal with that impact; and
(c)consult, in respect of the plan, with—
(i)all affected municipal councils; and
(ii)if asked by the Director, with the Director.
(2)If the organiser of an event seeks a proposal from a passenger transport company or bus company under sub-section (1), the company must take all reasonable steps to provide a reasonable proposal and must attempt to negotiate an agreement with the organiser as to how to deal with the impact of the event on its regular public transport services.
199.By when public transport plans to be submitted
(1)If asked to provide a public transport plan to the Director under this Division, an event organiser must submit the plan to the Director—
(a)if notification of the event was given to the Director under section 195(1)(a) or 195(1)(b), at least 60 days before the event is to start; or
(b)if notification of the event was given to the Director under section 195(1)(c), by the date specified by the Director.
(2)In specifying a date for the purposes of sub-section (1)(b), the Director must ensure, having regard to the time available before the event is to start, that the date specified will enable the organiser to have sufficient time to prepare the plan.
200.Director may impose fee
(1)The Director may, by notice published in the Government Gazette, set a fee that is to be paid by an event organiser who submits a public transport plan to the Director.
(2)If the Director has set a fee under sub-section (1), an event organiser who submits a public transport plan to the Director must pay the fee to the Director.
(3)If the Director has set a fee under sub-section (1), he or she may refuse to consider a public transport plan until the fee payable in relation to the plan has been paid.
201.Alternative arrangements if time limited
(1)This section applies if—
(a)the Director receives notification of an event under section 195(1)(c); and
(b)in the opinion of the Director—
(i)it would be desirable to minimise the impact the event will have on regular public transport services; but
(ii)there is insufficient time to require the organiser of the event to submit a public transport plan for the event.
(2)The Director may require the organiser of the event, for the purpose, in the time available, of minimising the impact the event will have on regular public transport services, or of providing for any additional public transport needs that may be generated by the event, to do all or any of the following—
(a)to liaise with specified passenger transport companies or bus companies; or
(b)to attend meetings organised by the Director; or
(c)to take any other action specified by the Director.
202.Director may waive or reduce time limits
(1)The Director may waive or reduce any time limit referred to in section 195 or 199.
(2)The Director must exercise the power conferred by this section reasonably.
203.Approval of public transport plans
(1)The Director must approve or not approve a public transport plan that has been submitted to him or her.
(2)In approving a public transport plan, the Director may impose conditions to which his or her approval is subject.
(3)Without limiting the generality of sub-section (2), the Director may make the approval of a plan subject to the condition that the event organiser who submitted the plan meet all or part of any net additional costs incurred by the Department or a passenger transport company or bus company as a result of the holding of the event.
204.Consequences of a failure to comply with this Division
(1)This section applies if an event to which this Division applies is held and the organiser of the event—
(a)fails to comply with section 195; or
(b)fails to submit a public transport plan to the Director after being asked to do so; or
(c)fails to comply with any conditions to which the approval of a public transport plan is subject; or
(d)unreasonably fails to comply with any requirements imposed by the Director under section 201.
(2)This section also applies if an event to which this Division applies is held after—
(a)the Director has refused to approve a public transport plan submitted to the Director in relation to the event; or
(b)a public transport plan is submitted to the Director, but it is not approved either because—
(i)it was not submitted in accordance with this Division; or
(ii)any fee payable in relation to the plan was not paid—
and no such plan approved by the Director exists at the time the event is held.
(3)The Director may recover from the organiser as a debt the whole or part of any net additional costs incurred by the Department or a passenger transport company or bus company as a result of the holding of the event or of the breach of conditions.
(4)If the Director recovers under this section any costs incurred by a passenger transport company or bus company, the Director must remit those costs, less any reasonable costs incurred by the Director in recovering the costs, to the company as soon as is practicable after receiving them.
(5)Except as provided by this section, the organiser of an event is not otherwise liable either criminally or civilly for any failure to comply with this Division.
(6)The organiser of an event is not liable to be stopped from holding the event by way of injunction merely because there has been a failure to comply with this Division in respect of the event.'.
54.Police may also weigh vehicles
In section 217(1) of the Transport Act 1983, after "in writing so to do" insert "or any member of the police force".
55.Clarification of ticket inspection provision
(1)Omit the penalty at the foot of section 221(4A) of the Transport Act 1983.
(2)After section 221(4A) of the Transport Act 1983 insert—
"(4B)A person must comply with a requirement made under sub-section (4A).
Penalty:5 penalty units.".
__________________
Part 11—Amendments to the Transport (Rights and Responsibilities) Act 2003
56.Extension of commencement date of amendment in Transport (Rights and Responsibilities) Act 2003
In section 2(3) of the Transport (Rights and Responsibilities) Act 2003, for "30 December 2004" substitute "1 July 2005".
57.Minor amendments
In section 6 of the Transport (Rights and Responsibilities) Act 2003—
(a)in proposed section 150A(1) of the Transport Act 1983 omit "(1)(ma)";
(b)in proposed section 150A(2)(b) of the Transport Act 1983 omit "transfer of an".
__________________
Part 12—Amendments to the Port Services Act 1995
58.Definitions
In section 3 of the Port Services Act 1995—
(a)insert the following definitions—
' "Central Plan Office" means the Central Plan Office of the Department of Sustainability and Environment;
"Station Pier land" means the land shown outlined in black on the plan lodged in the Central Plan Office and numbered OP 119746—A;';
(b)in paragraph (b) of the definition of "port of Melbourne land", for "section 64" substitute "Part 4".
59.Reserved land
In section 64(4)(c) of the Port Services Act 1995, after "of the land" insert "and for those purposes is deemed to be an incorporated committee under that Act".
60.Insertion of new sections 65 and 66
After section 64 of the Port Services Act 1995 insert—
"65.Station Pier land deemed to be reserved land
On and from the commencement of this section, Station Pier land—
(a)is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of the port of Melbourne, and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act; and
(b)the Port of Melbourne Corporation is deemed to be the committee of management of the land, and, for those purposes, is deemed to be an incorporated committee under that Act.
66.Powers of Port of Melbourne Corporation in relation to reserved Crown land
(1)Despite anything to the contrary in the Crown Land (Reserves) Act 1978, the Port of Melbourne Corporation may grant a lease or licence over any land reserved under this Part for which it is the committee of management for any period (of not greater than 25 years) for which the Corporation thinks fit, if that lease or licence is in accordance with the purposes for which the land is reserved.
(2)The power to grant a lease or licence under sub-section (1) is in addition to any power the Port of Melbourne Corporation has as a committee of management under the Crown Land (Reserves) Act 1978 to grant a lease or licence under that Act.
(3)The Port of Melbourne Corporation has the same powers to manage land reserved under this Part as it has in relation to land in which it has a proprietary interest, including, but not limited to, the power to impose wharfage and channel fees.
(4)In exercising a power under sub-section (3) the Port of Melbourne Corporation must not do so inconsistently with—
(a)sub-section (1) or (2); or
(b)the purposes for which the land is reserved.".
61.Insertion of new Part 17
After Part 16 of the Port Services Act 1995 insert—
'Part 17—Station Pier—Savings and Transitional
185.Definitions
In this Part—
"commencement day" means the day on which Part 12 of the Transport Legislation (Amendment) Act 2004 comes into operation;
"old body" means the Station Pier Committee of Management Incorporated appointed by Order in Council dated 15 May 2001 and published in the Government Gazette on 17 May 2001 at page 959.
186.Savings and transitional provisions for Station Pier
(1)On the commencement day—
(a)the reservation of the land described in Schedule 2 is revoked; and
(b)any regulations made under section 13 of the Crown Land (Reserves) Act 1978 that applied to the land described in Schedule 2 immediately before the commencement day are revoked, in so far as they apply to that land.
(2)This section does not affect the status or continuity of any lease or licence issued and any agreement or arrangement entered into under the Crown Land (Reserves) Act 1978 that applied to that land immediately before the commencement day.
(3)Each of the deeds or agreements or purported deeds or agreements described in Schedule 3, purportedly entered into by the old body—
(a)is deemed to be and to always have been validly entered into by the old body; and
(b)is deemed to continue in force on and from the commencement day, subject to its terms and conditions; and
(c)is deemed to have effect on and from the commencement day as if the Port of Melbourne Corporation were substituted for the old body as a party to the deed or agreement (as the case requires); and
(d)anything done or purported to have been done under each purported deed or agreement before the commencement day, that would have been validly done if the old body had had the powers conferred on the Port of Melbourne Corporation in relation to Station Pier land by Part 12 of the Transport Legislation (Amendment) Act 2004 at the time at which the thing was done, has and is deemed always to have had, the same force and effect as it would have had if the old body had had those powers at the time at which the thing was done or purported to have been done.
187.Transfer of property etc. from old body to Port of Melbourne Corporation
Except as otherwise provided in this Act, on and from the commencement day—
(a)the old body is abolished; and
(b)all rights, property and assets that, immediately before the commencement day were vested in the old body, vest in the Port of Melbourne Corporation; and
(c)all debts, liabilities and obligations of the old body existing immediately before the commencement day become debts, liabilities and obligations of the Port of Melbourne Corporation; and
(d)the Port of Melbourne Corporation is substituted as a party in any proceedings pending in any court or tribunal to which the old body was a party, immediately before the commencement day; and
(e)the Port of Melbourne Corporation is substituted as a party to any contract or arrangement entered into by or on behalf of the old body and in force immediately before the commencement day; and
(f)any reference to the old body in any Act or in any proclamation, Order in Council, rule, regulations, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the Port of Melbourne Corporation.'.
62.Further amendments to the Port Services Act 1995
The Port Services Act 1995 is amended as set out in the Schedule.
__________________
SCHEDULE
After Schedule 1 to the Port Services Act 1995 insert—
"SCHEDULE 2
| Situation and area of land | Crown Allotment 18, Section 12, City of Port Melbourne, Parish of Melbourne South, 6·867 hectares |
| Instrument and date of reservation | Order in Council dated 8 May 2001 |
| Description of land by reference to Government Gazette | Government Gazette dated 10 May 2001, page 892 |
| Purpose of reservation | Public purposes |
| Extent of reservation | All of the land |
__________________
SCHEDULE 3
Table
| Parties | Location | Description of purported deed or agreement |
| Station Pier Committee of Management Incorporated TT-Line Company Pty Ltd (ACN 061 996 174) | Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office | Lease of land dated 20 May 2003 |
| Station Pier Committee of Management Incorporated TT-Line Company Pty Ltd (ACN 061 996 174) | Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office | Variation of berthing licence dated 20 May 2003 |
| Station Pier Committee of Management Incorporated TT-Line Company Pty Ltd (ACN 061 996 174) | Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office | Variation of car parking licence dated 20 May 2003 |
| Station Pier Committee of Management Incorporated Heavenly Pier Pty Ltd (ACN 095 763 330) | Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office | Lease dated 24 December 2004 |
| Station Pier Committee of Management Incorporated Delicarts Australia | Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office | Renewal of licence to occupy land dated 14 February 2002 |
.".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 18 November 2004
Legislative Council: 14 December 2004
The long title for the Bill for this Act was "to amend various Acts relating to transport and for other purposes."
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