Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019 (Vic)
Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019
No. 7 of 2019
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments relating to Better Roads Victoria Trust Account
3Better Roads Victoria Trust Account
4New section 26 inserted
5New Schedule 1 inserted
Part 3—Amendments relating to road safety
Division 1—Alcohol interlocks and re-licensing procedures—amendments to Road Safety Act 1986
6Definitions
7Circumstances in which person is to be taken to be disqualified from obtaining a driver licence or learner permit
8Driver licences
9Appeal to Magistrates' Court
10Effect of suspension of licence or permit
11Certain disqualified persons require licence eligibility order before applying for licence or permit
12Administrative scheme for imposing alcohol interlock condition—disqualification for certain first offences
13Administrative scheme for imposing alcohol interlock condition—interstate drink-driving offence
14Interpretative provisions
15Direction to impose alcohol interlock condition
16Administrative scheme for removal of alcohol interlock condition
17Application to Magistrates' Court for direction
18New sections 50AAAE and 50AAAF inserted
19Sections 50AAB and 50AACA repealed
20Court must notify the Corporation of certain matters
21Section 50AACC repealed
22Cost recovery fees
23Previous convictions
24Repeal of section 50A
25Zero blood or breath alcohol
26Corporation to notify person of behaviour change program
27New section 103ZM inserted
28Amendment of Schedule 1B
Division 2—Alcohol interlocks and re-licensing procedures—amendments to Sentencing Act 1991
29Suspension or cancellation of driver licence or learner permit and driver disqualification—any offence
30Finding on cancellation of driver licence or learner permit or driver disqualification
31New section 165 inserted
Division 3—Other amendments to Road Safety Act 1986
32Driving a motor vehicle when directed to stop
33Section 81 amended
34Definitions—Part 6A
Division 4—References in other Acts to Road Rules
35Heavy Vehicle National Law Application Act 2013
36Rail Safety National Law Application Act 2013
37Rail Safety (Local Operations) Act 2006
38Transport (Compliance and Miscellaneous) Act 1983
39Transport (Safety Schemes Compliance and Enforcement) Act 2014
Part 4—Amendment of references relating to exemptions from Chapter 6 of the Heavy Vehicle National Law (Victoria)
40Heavy Vehicle National Law Application Act 2013
41Road Safety Act 1986
Part 5—Other amendments to transport legislation
Division 1—Amendments to the Commercial Passenger Vehicle Industry Act 2017
42When the regulator may take disciplinary action
43Statute law revision—Commercial Passenger Vehicle Industry Act 2017
Division 2—Amendments to the Major Transport Projects Facilitation Act 2009
44Statute law revision—Major Transport Projects Facilitation Act 2009
Division 3—Amendments to the Transport Integration Act 2010
45Land
46Statute law revision—Transport Integration Act 2010
Division 4—Amendments to the Transport (Compliance and Miscellaneous) Act 1983
47Financial assistance to train drivers following fatal incidents
48Head, Transport for Victoria may determine conditions
49Conditions relating to overseas student travel
50Definitions—section 221U
51Overdimensional vehicles crossing tracks
52New sections 221XA to 221XD inserted
53Operators of overdimensional vehicles crossing tracks without permission also guilty of offence
54Reasonable steps defence—reliance on container weight declaration
55Specification of vehicle limits and fees for overdimensional vehicles crossing tracks
56New Division 14 inserted in Part VIII
Part 6—Repeal of amending Act
57Repeal of amending Act
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Endnotes
1 General information
Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019
No. 7 of 2019
[Assented to 26 March 2019]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Business Franchise (Petroleum Products) Act 1979 in relation to the Better Roads Victoria Trust Account; and
(b)to amend the Road Safety Act 1986 to make amendments relating to alcohol interlocks and re-licensing procedures and other matters and make consequential amendments to the Sentencing Act 1991; and
(c)to update references in various Acts to the Road Rules made under the Road Safety Act 1986; and
(d)to amend the Heavy Vehicle National Law Application Act 2013 and the Road Safety Act 1986 so that the exemption from Chapter 6 of the Heavy Vehicle National Law (Victoria) applying to drivers of certain bus services extends to the record keepers for those drivers; and
(e)to amend the Commercial Passenger Vehicle Industry Act 2017 in relation to when the regulator may take disciplinary action against a permission holder; and
(f)to amend the Transport Integration Act 2010 in relation to the powers of Victorian Rail Track to deal with land; and
(g)to amend the Transport (Compliance and Miscellaneous) Act 1983—
(i)to further provide for compensation for train drivers following fatal accidents; and
(ii)to transfer responsibility for the making of statutory conditions for travel on public transport from the Secretary to the Head, Transport for Victoria; and
(iii)in relation to overdimensional vehicles crossing tracks; and
(h)to make minor and consequential amendments to various Acts.
2Commencement
(1)Part 1, Part 2, Divisions 3 and 4 of Part 3, Part 4, Division 1 of Part 5, section 46 and Part 6 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision of this Act does not come into operation before 1 December 2019, it comes into operation on that day.
Part 2—Amendments relating to Better Roads Victoria Trust Account
3Better Roads Victoria Trust Account
(1)After section 13(2)(a) of the Business Franchise (Petroleum Products) Act 1979 insert—
"(b)in respect of a financial year, an amount equivalent to the total amount of revenue received in that year from the following sources—
(i)fines paid in respect of an offence against the Road Safety Act 1986 that is detected by a road safety camera or a speed detector;
(ii)fines paid in respect of a prescribed offence—".
(2)For section 13(3) of the Business Franchise (Petroleum Products) Act 1979 substitute—
"(3)Amounts standing to the credit of the Better Roads Victoria Trust Account must be expended, as the Treasurer determines, for the repair and upgrade of—
(a)roads in outer suburban and interface communities; and
(b)roads and level crossings in rural and regional Victoria; and
(c)roads and level crossings in metropolitan areas in Victoria.
(3A)For the purposes of subsection (3), the amounts to be expended must be expended in the following proportions—
(a)no less than 33 per cent of the total amount received under subsection (2)(b) to be expended in respect of outer suburban and interface communities;
(b)no less than 33 per cent of the total amount received under subsection (2)(b) to be expended in respect of rural and regional Victoria.
(3B)After expending the amounts to be expended under subsection (3) in the proportions set out in subsection (3A), the Treasurer may expend remaining amounts under subsection (3) as the Treasurer sees fit.
(3C)The amounts to be expended under subsection (3) must be expended in the proportions set out in subsection (3A) over a period of 4 years, where the first period commences on 1 July 2019.".
(3)After section 13(4) of the Business Franchise (Petroleum Products) Act 1979 insert—
"(5)The Treasurer may authorise—
(a)any expenditure from the Better Roads Victoria Trust Account in accordance with this section; and
(b)revenue to be paid into the Trust Account from any source specified by the Treasurer.
(6)The Treasurer may delegate, by instrument, any of the Treasurer's powers or functions under this section, other than this power of delegation, to any of the following—
(a)the Minister for the time being administering the Road Safety Act 1986;
(b)a public service body Head within the meaning of the Public Administration Act 2004;
(c)the Chief Executive for the time being of VicRoads;
(d)the Head, Transport for Victoria (within the meaning of the Transport Integration Act 2010).
(7)In this section—
alpine resort has the same meaning as it has in the Alpine Resorts Act 1983;
Council has the same meaning as it has in the Local Government Act 1989;
outer suburban and interface community means a municipal district of a Council listed in column 1 of the Table in Schedule 1;
road has the same meaning as it has in the Road Management Act 2004;
road safety camera has the same meaning as it has in the Road Safety Act 1986;
rural and regional Victoria means—
(a)a municipal district of a Council listed in column 2 of the Table in Schedule 1; or
(b)an alpine resort;
speed detector has the same meaning as it has in the Road Safety Act 1986;
VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010.".
4New section 26 inserted
After section 25 of the Business Franchise (Petroleum Products) Act 1979 insert—
"26 Regulations
(1)The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)Regulations made under this Act may—
(a)be of general or limited application;
(b)differ according to differences in time, place or circumstance.".
5New Schedule 1 inserted
At the end of the Business Franchise (Petroleum Products) Act 1979 insert—
"Schedule 1—Outer suburban and interface communities and rural and regional Victoria
Section 13(7)
Table
|
| Column 1 Outer suburban and interface community | Column 2 Rural and regional Victoria |
| 1 | Cardinia Shire Council | Alpine Shire Council |
| 2 | Casey City Council | Ararat Rural City Council |
| 3 | Hume City Council | Ballarat City Council |
| 4 | Melton Shire Council | Bass Coast Shire Council |
| 5 | Mornington Peninsula Shire Council | Baw Baw Shire Council |
| 6 | Nillumbik Shire Council | Benalla Rural City Council |
| 7 | Whittlesea City Council | Borough of Queenscliffe |
| 8 | Wyndham City Council | Buloke Shire Council |
| 9 | Yarra Ranges Shire Council | Campaspe Shire Council |
| 10 | Central Goldfields Shire Council | |
| 11 | Colac-Otway Shire Council | |
| 12 | Corangamite Shire Council | |
| 13 | East Gippsland Shire Council | |
| 14 | Gannawarra Shire Council | |
| 15 | Glenelg Shire Council | |
| 16 | Golden Plains Shire Council | |
| 17 | Greater Bendigo City Council | |
| 18 | Greater Geelong City Council | |
| 19 | Greater Shepparton City Council | |
| 20 | Hepburn Shire Council | |
| 21 | Hindmarsh Shire Council | |
| 22 | Horsham Rural City Council | |
| 23 | Indigo Shire Council | |
| 24 | Latrobe City Council | |
| 25 | Loddon Shire Council | |
| 26 | Macedon Ranges Shire Council | |
| 27 | Mansfield Shire Council | |
| 28 | Mildura Rural City Council | |
| 29 | Mitchell Shire Council | |
| 30 | Moira Shire Council | |
| 31 | Moorabool Shire Council | |
| 32 | Mount Alexander Shire Council | |
| 33 | Moyne Shire Council | |
| 34 | Murrindindi Shire Council | |
| 35 | Northern Grampians Shire Council | |
| 36 | Pyrenees Shire Council | |
| 37 | South Gippsland Shire Council | |
| 38 | Southern Grampians Shire Council | |
| 39 | Strathbogie Shire Council | |
| 40 | Surf Coast Shire Council | |
| 41 | Swan Hill Rural City Council | |
| 42 | Towong Shire Council | |
| 43 | Wangaratta Rural City Council | |
| 44 | Warrnambool City Council | |
| 45 | Wellington Shire Council | |
| 46 | West Wimmera Shire Council | |
| 47 | Wodonga City Council | |
| 48 | Yarriambiack Shire Council |
".
Part 3—Amendments relating to road safety
Division 1—Alcohol interlocks and re-licensing procedures—amendments to Road Safety Act 1986
6Definitions
In section 3(1) of the Road Safety Act 1986, the definition of alcohol interlock condition removal order is repealed.
7Circumstances in which person is to be taken to be disqualified from obtaining a driver licence or learner permit
For section 3AD(c) of the Road Safety Act 1986 substitute—
"(c)section 89(1)(b), (3)(b) or (4)(b) of the Sentencing Act 1991; or
(d)section 89A(1)(b) of the Sentencing Act 1991—".
8Driver licences
(1)In section 19(7) of the Road Safety Act 1986, for "paragraph (b)" substitute "paragraphs (b) and (d)".
(2)In the note at the foot of section 19(7) of the Road Safety Act 1986 omit "or 89A(1)".
(3)For section 19(7AA) of the Road Safety Act 1986 substitute—
"(7AA)A person who holds a driver licence or learner permit to which an alcohol interlock condition applies must have the driver licence or learner permit in their possession while driving or in charge of a motor vehicle.
Penalty applying to this subsection: 5 penalty units.".
(4)Section 19(7A) of the Road Safety Act 1986 is repealed.
9Appeal to Magistrates' Court
In section 26(5) of the Road Safety Act 1986—
(a)in paragraph (b), for "permit." substitute "permit; or";
(b)after paragraph (b) insert—
"(c)under section 50AAAE not to exempt a person from the requirement that a driver licence or learner permit granted to the person must be subject to an alcohol interlock condition; or
(d)under section 103ZM(6) not to exempt a person to whom section 103ZM(5) applies from prescribed alcohol interlock usage requirements.".
10Effect of suspension of licence or permit
In section 28A(2) of the Road Safety Act 1986—
(a)omit "or 89A(1)";
(b)omit "or (7A)".
11Certain disqualified persons require licence eligibility order before applying for licence or permit
For section 31A(2) of the Road Safety Act 1986 substitute—
"(2)Subject to subsection (3), this section applies to a person—
(a)who has been disqualified from obtaining a driver licence or learner permit under—
(i)section 50 in respect of an offence under section 49(1)(a) involving only a drug or under section 49(1)(ba), (bb), (ca), (ea), (eb), (h) or (i); or
(ii)section 89 of the Sentencing Act 1991; or
(b)who has been disqualified from driving a motor vehicle on a road in Victoria under section 89 of the Sentencing Act 1991 and, by force of section 3AD, is to be taken to have been disqualified from obtaining a driver licence or learner permit.
Note
Section 28A(2) provides that a person whose driver licence or learner permit is suspended by force of section 89(4) of the Sentencing Act 1991 is not disqualified for the purposes of this section.".
12Administrative scheme for imposing alcohol interlock condition—disqualification for certain first offences
(1)In the heading to section 31KA of the Road Safety Act 1986 omit "—disqualification for certain first offences".
(2)For section 31KA(1) of the Road Safety Act 1986 substitute—
"(1)Subject to section 50AAAE, this section applies to a person—
(a)who either—
(i)has been disqualified from obtaining a driver licence or learner permit under section 50 in respect of an offence under section 49(1) (other than an offence under section 49(1)(a) involving only a drug or under section 49(1)(ba), (bb), (ca), (ea), (eb), (h) or (i)); or
(ii)has been disqualified, or by force of section 3AD is taken to have been disqualified, from obtaining a driver licence or learner permit under section 89C in respect of a drink-driving infringement; and
(b)who has ceased to be so disqualified.
Note
If the person has committed other offences, the person may be required to obtain a licence eligibility order before a driver licence or learner permit is granted. See section 31A.".
(3)For section 31KA(4) and (5) of the Road Safety Act 1986 substitute—
"(4)A person granted a driver licence or learner permit on which an alcohol interlock condition is imposed under this section cannot apply under section 50AAAB for the removal of the condition during the period (the relevant period), determined in accordance with subsection (5), beginning on the first grant of the licence or permit.
(5)For the purposes of subsection (4), the relevant period applying to a person is the minimum period specified in column 4 of the Table in Schedule 1B applying to the offence for which the person was disqualified from obtaining a driver licence or learner permit.
(6)For the purposes of subsection (5) and despite section 48(2), in determining for the purposes of Schedule 1B whether an offence under a paragraph of section 49(1) was a first, second or subsequent offence, any previous conviction or finding of guilt of the person for any of the following offences is to be disregarded—
(a)an offence under section 49(1)(a) (involving only a drug) or of an offence under section 49(1)(ba), (bb), (ca), (eb), (h) or (i);
(b)an offence referred to in section 89(1), (3) or (4) of the Sentencing Act 1991 (involving only a drug);
(c)an offence committed in another State or a Territory, the necessary elements of which consist of the elements that constitute any of the offences referred to in paragraph (a) or (b).".
13Administrative scheme for imposing alcohol interlock condition—interstate drink-driving offence
(1)In section 31KB(1) of the Road Safety Act 1986—
(a)in paragraph (a), for "paragraphs (b) and (c) do" substitute "paragraph (c) does";
(b)in paragraph (b)(ii), for "permit; or" substitute "permit; and";
(c)after paragraph (b)(ii) insert—
"(iii)does not hold a current licence or permit issued in another State or a Territory authorising the person to drive a motor vehicle; or".
(2)For section 31KB(7)(a) of the Road Safety Act 1986 substitute—
"(a)despite section 48(2), in determining for the purposes of Schedule 1B whether the Victorian drink-driving offence is a first, second or subsequent offence, any previous conviction or finding of guilt of the person for any of the following offences is to be disregarded—
(i)an offence under section 49(1)(a) (involving only a drug) or of an offence under section 49(1)(ba), (bb), (ca), (eb), (h) or (i);
(ii)an offence referred to in section 89(1), (3) or (4) of the Sentencing Act 1991 (involving only a drug);
(iii)an offence committed in another State or a Territory, the necessary elements of which consist of the elements that constitute any of the offences referred to in subparagraph (i) or (ii); and".
14Interpretative provisions
In section 48(5)(a) of the Road Safety Act 1986, after "(bb)," insert "(ca), (eb),".
15Direction to impose alcohol interlock condition
(1)For section 50AAA(1)(a) of the Road Safety Act 1986 substitute—
"(a)a person has been disqualified under section 89 of the Sentencing Act 1991 from obtaining a driver licence or learner permit or, by force of section 3AD, is taken to be so disqualified under that section 89; and".
(2)In the note at the foot of section 50AAA(1) of the Road Safety Act 1986 omit "or 89A(1)".
(3)Section 50AAA(9) of the Road Safety Act 1986 is repealed.
16Administrative scheme for removal of alcohol interlock condition
(1)For section 50AAAB(1) and (2) of the Road Safety Act 1986 substitute—
"(1)A person who holds a driver licence or learner permit that is subject to an alcohol interlock condition may apply to the Corporation for the removal of the alcohol interlock condition if—
(a)the minimum period of each and every alcohol interlock condition given in respect of the person has elapsed including—
(i)in the case of an alcohol interlock condition imposed under section 31KA—the relevant period referred to in section 31KA(4); and
(ii)in the case of an alcohol interlock condition imposed under section 31KB—the relevant period referred to in section 31KB(4); and
(iii)in the case of an alcohol interlock condition imposed pursuant to an alcohol interlock condition direction given to the Corporation by the Magistrates' Court—the specified period of the alcohol interlock condition direction; and
(b)the person can supply, or cause to be supplied, a report that complies with subsection (3); and
(c)if required under the regulations to complete a second-stage behaviour change program, the person has completed the second-stage behaviour change program specified in the notice given to the person under section 58E.".
(2)In section 50AAAB(3) and (4)(b)(ii) of the Road Safety Act 1986, for "subsection (2)(c)" substitute "subsection (1)(b)".
(3)In section 50AAAB(6) of the Road Safety Act 1986, for "subsection (2)(b)" substitute "subsection (1)(a)".
(4)Section 50AAAB(8)(a) of the Road Safety Act 1986 is repealed.
(5)In section 50AAAB(8)(c) of the Road Safety Act 1986, after "section 50AAAC(2)" insert "or (2A)".
17Application to Magistrates' Court for direction
(1)In section 50AAAC(1) of the Road Safety Act 1986, after "subsection (2)" insert "or (2A)".
(2)After section 50AAAC(2) of the Road Safety Act 1986 insert—
"(2A)The reason is that—
(a)data on the usage of an approved alcohol interlock indicates that on a direction being given, by message on the digital display on the alcohol interlock or by an audible message given by the alcohol interlock, to undertake an alcohol breath test after the motor vehicle was started there was a failure—
(i)to provide a breath sample that contains no registrable alcohol using the alcohol interlock; or
(ii)to successfully undertake an alcohol breath test using the alcohol interlock; and
(b)under the regulations, the person is taken to have been responsible for that failure; and
(c)accordingly that failure was sufficient for there not to be compliance with any prescribed alcohol interlock usage data requirements.".
(3)In section 50AAAC(3) of the Road Safety Act 1986, after "subsection (2)" insert "or the failure of, or failure to undertake, the alcohol breath test referred to in subsection (2A), as the case may be".
(4)For section 50AAAC(4)(b) of the Road Safety Act 1986 substitute—
"(b)must be accompanied by data obtained from the approved alcohol interlock relating to the failed attempt, the failure of the alcohol breath test or the failure to take the alcohol breath test (as the case may be) that provides evidence (whether photographic or otherwise) as to identity of the person who was responsible for that failed attempt or failure of the test or failure to take the test.".
(5)For section 50AAAC(5) of the Road Safety Act 1986 substitute—
"(5)The Magistrates' Court must not deal with, or determine, an application under this section unless it is satisfied that the relevant period referred to in section 31KA(4) or 31KB(4) or the specified period of an alcohol interlock condition direction given to the Corporation by the Magistrates' Court, as the case may be, when calculated in accordance with section 50AAAB(6), has elapsed.".
(6)For section 50AAAC(6)(b) of the Road Safety Act 1986 substitute—
"(b)may either—
(i)direct the Corporation to treat the applicant as not having been responsible for the failed attempt, the failure of the test or the failure to take the test, as the case may be; or
(ii)refuse to give such a direction.".
(7)After section 50AAAC(9) of the Road Safety Act 1986 insert—
"(10)In this section—
registrable alcohol, in relation to a breath sample given by a person using an approved alcohol interlock, means a concentration of breath alcohol that would prevent a motor vehicle in which the alcohol interlock is installed from starting if that concentration were detected by the alcohol interlock before the car had started.".
18New sections 50AAAE and 50AAAF inserted
After section 50AAAD of the Road Safety Act 1986 insert—
"50AAAE Application to avoid imposition of alcohol interlock condition
(1)Subject to subsection (2), this section applies to a person if—
(a)any driver licence or learner permit granted to the person by the Corporation would, except for this section, be subject to an alcohol interlock condition under section 31KA because—
(i)the person has been disqualified from obtaining a driver licence or learner permit under section 50 in respect of an offence under section 49(1); or
(ii)the person has been, or by force of section 3AD is taken to have been, disqualified from obtaining a driver licence or learner permit under section 89C in respect of a drink-driving infringement; and
(b)that offence is an offence in respect of which, immediately before the commencement of this section, the imposition of an alcohol interlock condition under Schedule 1B would be discretionary.
(2)This section does not apply to a person who—
(a)holds a driver licence or learner permit; or
(b)is required to obtain a licence eligibility order in respect of any offence, and is yet to do so; or
(c)would be subject to a mandatory alcohol interlock condition because of one or more other offences committed by the person.
(3)A person to whom this section applies may apply to the Corporation for an exemption from the requirement that a driver licence or learner permit granted to the person by the Corporation must be subject to an alcohol interlock condition.
(4)The application must—
(a)be made in accordance with the regulations; and
(b)be supported by evidence, prescribed by the regulations, that the person is not engaging in hazardous or harmful alcohol use and is not dependent on alcohol.
(5)On application under this section, the Corporation may—
(a)decide to grant the exemption, if it is satisfied that the person is not engaging in hazardous or harmful use of alcohol and is not dependent on alcohol; or
(b)decide not to grant the exemption.
(6)A decision under subsection (5) may be made by the Corporation—
(a)on the basis of the application, any evidence given in support of the application and any matters that appear in records kept by the Corporation; and
(b)without conducting any hearing or investigation into the matter.
(7)If the Corporation decides not to grant the exemption, the Corporation must give the person written notice stating—
(a)the Corporation's decision; and
(b)the reasons for the decision; and
(c)that any driver licence or learner permit granted to the person will be subject to an alcohol interlock condition; and
(d)that the person may apply to the Magistrates' Court under section 50AAAF for a review of the decision.
50AAAFApplication to Magistrates' Court for review of decision under section 50AAAE
(1)This section applies if—
(a)a person has applied to the Corporation under section 50AAAE for an exemption from the requirement that a driver licence or learner permit granted to the person must be subject to an alcohol interlock condition; and
(b)the Corporation has decided not to grant the exemption; and
(c)the person has not subsequently applied for, and been granted, a driver licence or learner permit that is subject to an alcohol interlock condition.
(2)Subject to subsection (3), the person may apply to the Magistrates' Court for a direction to the Corporation that the person has provided evidence, prescribed by the regulations, that is sufficient to establish that the person is not engaging in hazardous or harmful alcohol use and is not dependent on alcohol.
(3)An application to the Magistrates' Court under this section—
(a)may be made on giving 28 days written notice of the application and of the venue of the Court at which it is to be heard to—
(i)the Chief Commissioner of Police; and
(ii)the registrar of that venue of the Court; and
(b)must be accompanied by the evidence given in support of the application under section 50AAAE.
(4)At the hearing of an application under this section, the Magistrates' Court must hear any relevant evidence tendered by the Chief Commissioner of Police.
(5)On an application under this section, the Magistrates' Court may either—
(a)direct the Corporation that the person has provided evidence, prescribed by the regulations, that is sufficient to establish that the person is not engaging in hazardous or harmful alcohol use and is not dependent on alcohol; or
(b)refuse to give such a direction.
(6)The Magistrates' Court must cause particulars of any decision made by it on an application under this section to be sent immediately to the Corporation.
(7)The decision of the Magistrates' Court on an application under this section is final and conclusive and, subject to subsection (8), must be given effect to by the Corporation.
(8)The Corporation is not required to give effect to a decision of the Magistrates' Court under this section if the person is no longer a person to whom section 50AAAE applies.".
19Sections 50AAB and 50AACA repealed
Sections 50AAB and 50AACA of the Road Safety Act 1986 are repealed.
20Court must notify the Corporation of certain matters
Section 50AACB(b) of the Road Safety Act 1986 is repealed.
21Section 50AACC repealed
Section 50AACC of the Road Safety Act 1986 is repealed.
22Cost recovery fees
After section 50AAKA(2)(a) of the Road Safety Act 1986 insert—
"(ab)establishing processes arising from amendments made to this Part, and the insertion of section 103ZM, by the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019 and meeting the ongoing costs associated with those processes including the costs of processing applications under sections 50AAAE and 103ZM(6); and".
23Previous convictions
For the table at the foot of section 50AA of the Road Safety Act 1986 substitute—
"Table
Item No.
Column 1
Column 21 Section 25 The commission of the corresponding interstate drink-driving offence 2 Sections 31A and 31E The making of an application for a licence eligibility order 3 Sections 31KA and 31KB The making of an application for the grant of the driver licence or learner permit 4 Sections 50(1A), (1AD), (1B), (1C), (1D), (1DA) and (1E) and 51(1) The commission of the relevant offence 5 Section 50AAA The making of an application for a licence eligibility order 6 Schedule 1B—where it is applied for the purposes of section 50AAA The making of an application for a licence eligibility order 7 Schedule 1B—where it is applied for the purposes of section 31KA or 31KB The making of an application for the grant of a driver licence or learner permit
".
24Repeal of section 50A
Section 50A of the Road Safety Act 1986 is repealed.
25Zero blood or breath alcohol
(1)At the foot of section 52(1B) of the Road Safety Act 1986 insert—
"Note
Section 28A(2) provides that a person whose driver licence or learner permit is suspended by force of section 89(4) of the Sentencing Act 1991 is not disqualified for the purposes of this section.".
(2)Section 52(1BA) of the Road Safety Act 1986 is repealed.
26Corporation to notify person of behaviour change program
In section 58E(1)(e) of the Road Safety Act 1986 omit "50AAB or".
27New section 103ZM inserted
Before section 104 of the Road Safety Act 1986 insert—
"103ZM Transitional provisions—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019
(1)Section 31KA(1), as amended by section 12 of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, applies in relation to the offences specified in section 31KA(1) whether those offences were committed before, on or after the commencement of section 12 of that Act.
(2)The amendments to section 50AAAC by section 17 of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019 apply in relation to alcohol interlock usage data whether that data was collected before, on or after the commencement of section 17 of that Act.
(3)On and after the commencement of section 19 of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, a person seeking the removal of an alcohol interlock condition imposed on the person's driver licence or learner permit must apply to the Corporation under section 50AAAB irrespective of—
(a)when the alcohol interlock condition was imposed; or
(b)whether the alcohol interlock condition was imposed by the Corporation on the direction of the Magistrates' Court or otherwise.
(4)If immediately before the commencement of section 25(2) of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, a driver licence or learner permit held by a person is subject to an alcohol interlock condition because the person was, or by force of section 3AD was taken to be, disqualified from obtaining a driver licence or learner permit under section 89A(1) of the Sentencing Act 1991—
(a)the driver licence or learner permit continues to be subject to the alcohol interlock condition for the term that applied before that commencement; and
(b)while the alcohol interlock condition is in force, sections 19(7A) and 52(1B), as in force immediately before that commencement, continue to apply to the person; and
(c)when the specified period of each and every alcohol interlock condition applying to the person has elapsed, the person may apply for the removal of the alcohol interlock condition under section 50AAAB.
(5)Despite section 103ZI(5), on and after the date on which this subsection comes into operation, if a person's driver licence or learner permit has an alcohol interlock condition imposed in respect of an offence committed before 1 October 2014—
(a)the person is subject to the prescribed alcohol interlock usage data requirements; and
(b)in determining compliance with those requirements, the Corporation may have regard to alcohol interlock usage data collected at any time during the period of the alcohol interlock condition, including data collected before the date on which this provision comes into operation.
(6)A person to whom subsection (5) applies, on application made in the prescribed manner within 12 months after the date on which subsection (5) comes into operation, may be exempted from prescribed alcohol interlock usage requirements by the Corporation if—
(a)the Corporation is satisfied that there are special circumstances for doing so; and
(b)the person has, or has had, an approved alcohol interlock installed in a motor vehicle and data collected on the last 6 months usage of the approved alcohol interlock has not indicated a failed attempt to start the motor vehicle as a result of it detecting alcohol.".
28Amendment of Schedule 1B
(1)In the Table in Schedule 1B to the Road Safety Act 1986—
(a)in item 1, for "Discretionary" substitute "Mandatory, subject to section 50AAAE";
(b)in item 2, for "Discretionary for a first offence and mandatory for a second offence" substitute "Mandatory for a first offence, subject to section 50AAAE; Mandatory for a second offence";
(c)in items 4, 8, 9 and 13, for "Discretionary" substitute "Mandatory, subject to section 50AAAE";
(d)in item 14, for "Discretionary in any other case" substitute "Mandatory, subject to section 50AAAE, in any other case";
(e)in item 20, after "On or after 30 September 2013" insert "but before 1 December 2019".
(2)In the Table in Schedule 1B to the Road Safety Act 1986, after item 20 insert—
"20A
An offence referred to in section 89(3) or (4) of the Sentencing Act 1991 which was a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence
On or after 1 December 2019
Mandatory
6 months".
(3)In the Table in Schedule 1B to the Road Safety Act 1986, item 22 is repealed.
Division 2—Alcohol interlocks and re-licensing procedures—amendments to Sentencing Act 1991
29Suspension or cancellation of driver licence or learner permit and driver disqualification—any offence
For the notes at the foot of section 89A of the Sentencing Act 1991 substitute—
"Notes
1 A person who is disqualified from obtaining a driver licence or learner permit or whose driver licence or learner permit is cancelled under this section by order of the Magistrates' Court or Children's Court may appeal to the County Court. See section 29 of the Road Safety Act 1986.
See sections 3AD and 3AE of the Road Safety Act 1986 for circumstances in which a person is to be taken to be disqualified from obtaining a driver licence or learner permit or from driving a motor vehicle on a road in Victoria.
2 Particulars of any order made by a court under this section must be sent immediately to the Roads Corporation—see section 87Q.".
30Finding on cancellation of driver licence or learner permit or driver disqualification
In section 89C(1) of the Sentencing Act 1991 omit "or section 89A(1)".
31New section 165 inserted
After section 164 of the Sentencing Act 1991 insert—
"165 Transitional provision—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019
On and after the commencement of section 30 of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, a court must not make a finding under section 89C(1) of this Act in respect of an offence under section 89A(1), irrespective of when the offence was committed.".
Division 3—Other amendments to
Road Safety Act 1986
32Driving a motor vehicle when directed to stop
For section 64A(1) and (2) of the Road Safety Act 1986 substitute—
"(1)The driver of a motor vehicle who knows, or ought reasonably to know, that they have been given a direction to stop must stop the motor vehicle as soon as practicable after being given the direction and remain stopped until a police officer or a protective services officer indicates that the driver may proceed.
Penalty:For a first offence, 60 penalty units or imprisonment for 6 months or both;
For a subsequent offence, 120 penalty units or imprisonment for 12 months or both.".
33Section 81 amended
(1)In the heading to section 81 of the Road Safety Act 1986, after "cameras" insert "or prescribed processes".
(2)For section 81(1B) of the Road Safety Act 1986 substitute—
"(1B)For the purposes of subsection (1), where an image produced by a prescribed process when used in the prescribed manner depicts one or more motor vehicles, a marker on a particular motor vehicle and a message stating the speed of that motor vehicle is, without prejudice to any other mode of proof and in the absence of evidence to the contrary, proof of the speed of that motor vehicle on that occasion.".
34Definitions—Part 6A
In section 84C(1) of the Road Safety Act 1986, in the definition of relevant offence, in paragraph (a)(ii), after "30(1)" insert ", 33I(1), 33I(3) or 33J(1)".
Division 4—References in other Acts to Road Rules
35Heavy Vehicle National Law Application Act 2013
In section 19 of the Heavy Vehicle National Law Application Act 2013, for "The Road Safety Road Rules 2009 made under section 95D" substitute "The Road Rules within the meaning of section 3(1)".
36Rail Safety National Law Application Act 2013
In section 3(1) of the Rail Safety National Law Application Act 2013, for the definition of Road Rules substitute—
"Road Rules has the same meaning as in section 3(1) of the Road Safety Act 1986;".
37Rail Safety (Local Operations) Act 2006
In section 3(1) of the Rail Safety (Local Operations) Act 2006, for the definition of Road Rules substitute—
"Road Rules has the same meaning as in section 3(1) of the Road Safety Act 1986;".
38Transport (Compliance and Miscellaneous) Act 1983
In section 221U of the Transport (Compliance and Miscellaneous) Act 1983, in the note at the foot of the definition of level crossing, for "the Road Safety Road Rules 2009" substitute "the Road Rules, within the meaning of section 3(1) of the Road Safety Act 1986,".
39Transport (Safety Schemes Compliance and Enforcement) Act 2014
In section 3 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, in the note at the foot of the definition of level crossing, for "the Road Safety Road Rules 2009" substitute "the Road Rules, within the meaning of section 3(1) of the Road Safety Act 1986,".
Part 4—Amendment of references relating to exemptions from Chapter 6 of the Heavy Vehicle National Law (Victoria)
40Heavy Vehicle National Law Application Act 2013
In section 7(1) of the Heavy Vehicle National Law Application Act 2013—
(a)in paragraph (b), for "emergency." substitute "emergency; or";
(b)after paragraph (b) insert—
"(c)the record keeper for a driver referred to in paragraph (a) or (b).".
41Road Safety Act 1986
(1)For the heading to section 191A of the Road Safety Act 1986 substitute—
"Definitions".
(2)In section 191A of the Road Safety Act 1986—
(a)in the definition of light bus, for "less." substitute "less;";
(b)insert the following definition—
"record keeper has the same meaning as it has in the Heavy Vehicle National Law (Victoria).".
(3)In section 191BA of the Road Safety Act 1986, after "that section" insert "and to the record keeper for that driver".
Part 5—Other amendments to transport legislation
Division 1—Amendments to the Commercial Passenger Vehicle Industry Act 2017
42When the regulator may take disciplinary action
After section 214(a) of the Commercial Passenger Vehicle Industry Act 2017 insert—
"(ab)that the permission holder has contravened or is contravening this Act or regulations made under this Act;".
43Statute law revision—Commercial Passenger Vehicle Industry Act 2017
(1)In section 108(1) of the Commercial Passenger Vehicle Industry Act 2017, for "(i) require" substitute "(f) require".
(2)In section 181(1) of the Commercial Passenger Vehicle Industry Act 2017, for "(d) inform" substitute "(e) inform".
(3)In section 195 of the Commercial Passenger Vehicle Industry Act 2017, for "(1) A notice" substitute "A notice".
(4)In section 238(2) of the Commercial Passenger Vehicle Industry Act 2017, for "section 20(2)" substitute "section 289(3)".
(5)In section 242(1) of the Commercial Passenger Vehicle Industry Act 2017, for "section 15(1)" substitute "section 241(1)".
(6)In section 242(2) of the Commercial Passenger Vehicle Industry Act 2017—
(a)for "(2) at the" substitute "(b) at the";
(b)for "section 15(1)" substitute "section 241(1)".
Division 2—Amendments to the Major Transport Projects Facilitation Act 2009
44Statute law revision—Major Transport Projects Facilitation Act 2009
(1)Section 81(2) of the Major Transport Projects Facilitation Act 2009 is repealed.
(2)In section 83(2) of the Major Transport Projects Facilitation Act 2009, for "An approval" substitute "The assessment committee".
(3)In section 95(1)(a), (2)(a) and (3)(b) of the Major Transport Projects Facilitation Act 2009, for "Governor in Council" substitute "Premier".
Division 3—Amendments to the Transport Integration Act 2010
45Land
In section 125(1) of the Transport Integration Act 2010—
(a)in paragraphs (a) and (b) omit "and the Treasurer";
(b)in paragraphs (c) and (d), after "the Public Transport Development Authority" insert ", the lead transport agency, the Roads Corporation, any other Transport Corporation";
(c)in paragraph (f) omit "and the Treasurer".
46Statute law revision—Transport Integration Act 2010
In section 79K of the Transport Integration Act 2010, for "section 79AE(1)(i)(ii)" substitute "section 79AE(1)(j)(ii)".
Division 4—Amendments to the Transport (Compliance and Miscellaneous) Act 1983
47Financial assistance to train drivers following fatal incidents
(1)In section 12(1) of the Transport (Compliance and Miscellaneous) Act 1983, after "to a train driver" insert "employed or".
(2)For section 12(2)(a) of the Transport (Compliance and Miscellaneous) Act 1983 substitute—
"(a)a train is involved in an incident in which one or more persons die either by being struck by the train or by being in a vehicle struck by the train and the train driver is—
(i)driving the train; or
(ii)rostered for work and in the driver's cabin of the train with the authority of the train operator; and".
48Head, Transport for Victoria may determine conditions
(1)In the heading to section 220D of the Transport (Compliance and Miscellaneous) Act 1983, for "Secretary" substitute "Head, Transport for Victoria".
(2)In section 220D(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Secretary" substitute "Head, Transport for Victoria".
(3)In section 220D(1B) of the Transport (Compliance and Miscellaneous) Act 1983, for "Secretary" (where twice occurring) substitute "Head, Transport for Victoria".
(4)In section 220D(2) and (5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Secretary" substitute "Head, Transport for Victoria".
49Conditions relating to overseas student travel
In section 220DA(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Secretary" substitute "Head, Transport for Victoria".
50Definitions—section 221U
(1)In section 221U of the Transport (Compliance and Miscellaneous) Act 1983, for the definition of container weight declaration substitute—
"container weight declaration has the same meaning as in the Heavy Vehicle National Law (Victoria);".
(2)In section 221U of the Transport (Compliance and Miscellaneous) Act 1983, for the definition of freight container substitute—
"freight container has the same meaning as in the Heavy Vehicle National Law (Victoria);".
51Overdimensional vehicles crossing tracks
(1)In section 221X(1) of the Transport (Compliance and Miscellaneous) Act 1983—
(a)for "without the written permission of the Public Transport Development Authority" substitute "except in accordance with a permit granted by the Roads Corporation under section 221XA";
(b)for "drive or attempt to drive or convey" substitute "drive or convey, or attempt to drive or convey,";
(c)for paragraph (a) substitute—
"(a)a vehicle of a mass that exceeds a mass limit that applies to that vehicle under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria); or";
(d)for paragraph (c)(ii) substitute—
"(ii)rail infrastructure in the vicinity of the track.".
(2)In section 221X(2) of the Transport (Compliance and Miscellaneous) Act 1983—
(a)for "without the written permission of the Public Transport Development Authority" substitute "except in accordance with a permit granted by the Roads Corporation under section 221XA";
(b)for "drive or attempt to drive or convey across" substitute "drive or convey, or attempt to drive or convey, across or along";
(c)for paragraph (a) substitute—
"(a)a vehicle of a mass that exceeds a mass limit that applies to that vehicle under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria); or";
(d)for paragraph (c) substitute—
"(c)a vehicle that may obstruct, displace or interfere with—
(i)the track to be driven across or along; or
(ii)any tram infrastructure in the vicinity of the track.".
(3)In section 221X(4) of the Transport (Compliance and Miscellaneous) Act 1983—
(a)after "If a vehicle" insert "of a mass";
(b)for "for that vehicle under the Road Safety (Vehicles) Regulations 2009 is driven" substitute "that applies to that vehicle under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria) is driven or conveyed";
(c)in paragraph (b), after "across" insert "or along".
(4)Section 221X(5), (6), (7), (8) and (9) of the Transport (Compliance and Miscellaneous) Act 1983 are repealed.
52New sections 221XA to 221XD inserted
After section 221X of the Transport (Compliance and Miscellaneous) Act 1983 insert—
"221XA Permit for overdimensional vehicles to cross tracks
(1)A person may apply to the Roads Corporation for a permit to drive or convey a vehicle—
(a)across a railway track for the purposes of section 221X(1); or
(b)across or along a tramway track for the purposes of section 221X(2).
(2)An application under subsection (1) must be accompanied by the fee specified by notice under section 221ZA for an application of that kind.
(3)On receiving an application under subsection (1), the Roads Corporation may—
(a)grant the application and issue the permit; or
(b)refuse to grant the application.
(4)The Roads Corporation may impose conditions on a permit granted under subsection (3).
221XBAdditional charges
(1)If, in the Roads Corporation's opinion, one or more employees in the Department or employees of the Roads Corporation must, in the interests of safety, be present when the vehicle is driven or conveyed across the railway track or is driven or conveyed across or along the tramway track, the Roads Corporation may, in addition to the fee referred to in section 221XA(2), impose any other charge specified by notice under section 221ZA.
(2)If, in the Roads Corporation's opinion, one or more employees or agents of Rail Track, a passenger transport company or a rail freight operator must, in the interests of safety, be present when the vehicle is driven or conveyed across the railway track or is driven or conveyed across or along the tramway track, Rail Track, the passenger transport company or the rail freight operator may impose a charge specified by notice under section 221ZA.
221XCRefunds
(1)The Roads Corporation may—
(a)refund, in whole or in part, any fee or charge paid under section 221XA or 221XB; or
(b)waive, in whole or in part, any fee or charge payable under section 221XA or 221XB.
(2)Rail Track, a passenger transport company or a rail freight operator may—
(a)refund, in whole or in part, any charge paid under section 221XB; or
(b)waive, in whole or in part, any charge payable under section 221XB.
221XDOffence to fail to comply with permit conditions
A person must comply with any conditions imposed by the Roads Corporation on a permit granted under section 221XA.
Penalty:20 penalty units.".
53Operators of overdimensional vehicles crossing tracks without permission also guilty of offence
(1)In section 221Y(1) of the Transport (Compliance and Miscellaneous) Act 1983—
(a)after "driven" (where first occurring) insert "or conveyed";
(b)in paragraph (b), after "across" insert "or along";
(c)in paragraph (c), for "Public Transport Development Authority on a permission under section 221X(1) or (2)" substitute "Roads Corporation on a permit granted under section 221XA".
(2)In section 221Y(3) of the Transport (Compliance and Miscellaneous) Act 1983—
(a)for "for that vehicle under the Road Safety (Vehicles) Regulations 2009 is driven" substitute "that applies to that vehicle under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria) is driven or conveyed";
(b)in paragraph (b), after "across" insert "or along".
54Reasonable steps defence—reliance on container weight declaration
In section 221Z(2)(b) of the Transport (Compliance and Miscellaneous) Act 1983, for "under the Road Safety (Vehicles) Regulations 2009" substitute "that applies under a mass requirement within the meaning of the Heavy Vehicle National Law (Victoria)".
55Specification of vehicle limits and fees for overdimensional vehicles crossing tracks
For section 221ZA of the Transport (Compliance and Miscellaneous) Act 1983 substitute—
"221ZA Specification of vehicle limits and fees for overdimensional vehicles crossing tracks
(1)The Roads Corporation, by notice published in the Government Gazette, may specify any one or more of the following—
(a)subject to subsection (2), the maximum allowable length, height or width for a vehicle either by itself or in combination with any load carried by it for the purposes of section 221X(1) or (2);
(b)the fee payable for the application
for a permit under section 221XA;
(c)any charge imposed under section 221XB(1) or (2).
(2)The maximum allowable width that may be specified by notice under this section for the purposes of section 221X(1) must not be less than 5 metres.
(3)A fee specified by notice under this section for an application for a permit under section 221XA may differ according to differences in the nature of the application.
(4)A charge specified by notice under this section for the purposes of section 221XB(1) or (2) may differ according to differences in time, place or circumstance.".
56New Division 14 inserted in Part VIII
At the end of Part VIII of the Transport (Compliance and Miscellaneous) Act 1983 insert—
'Division 14—Transitional provisions—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019
362Permissions for overdimensional vehicles
(1)On the commencement of section 51 of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, a written permission granted by the Public Transport Development Authority under section 221X(1) or (2) is taken to be a permit granted by the Roads Corporation under section 221XA for the purposes of Division 4AAA of Part VII.
(2)A written permission that is taken to be a permit under subsection (1) is subject to any conditions to which the permission was subject immediately before the commencement day and those conditions are taken to be conditions imposed under section 221XA(4).
363Fees and further charges
(1)On the commencement of section 55 of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, the relevant fees notice is taken to be a notice published under section 221ZA (as substituted by section 55 of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019) and for that purpose—
(a)the reference in paragraph 1 of the relevant fees notice to granting a permission is taken to be a reference to the granting of a permit; and
(b)the reference in paragraph 2 of the relevant fees notice to section 221X(8) is taken to be a reference to section 221XB(2); and
(c)the reference in paragraph 3 of the relevant fees notice to section 221X(8) is taken to be a reference to section 221XB(1); and
(d)the reference in paragraph 3 of the relevant fees notice to Department employees is taken to be a reference to employees in the Department or employees of the Roads Corporation.
(2)The notice to which subsection (1) applies expires on the first anniversary of the commencement of this section unless it is sooner revoked.
(3)In this section—
relevant fees notice means the notice made under section 221ZA (as in force immediately before the commencement of section 55 of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019) with the title "Specification of Vehicle Fees for Overdimensional Vehicles Crossing Tracks", published in the Government Gazette on 21 December 2006.'.
Part 6—Repeal of amending Act
57Repeal of amending Act
This Act is repealed on 1 December 2020.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 5 February 2019
Legislative Council: 7 March 2019
The long title for the Bill for this Act was "A Bill for an Act to amend the Business Franchise (Petroleum Products) Act 1979, the Commercial Passenger Vehicle Industry Act 2017, the Heavy Vehicle National Law Application Act 2013, the Major Transport Projects Facilitation Act 2009, the Road Safety Act 1986, the Transport (Compliance and Miscellaneous) Act 1983, the Transport Integration Act 2010, to make consequential amendments to other Acts and for other purposes."
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