Untitled document
Transport Legislation (Miscellaneous Amendments) Act 2004
Act No. 49/2004
table of provisions
Section Page
Part 1—Preliminary
1.Purpose
2.Commencement
Part 2—Amendment of Marine Act 1988
3.Alcohol/drug offences involving a refusal to comply with a requirement
Part 3—Amendment of Melbourne City Link Act 1995
4.Definitions
5.Abolition of office of Director, Melbourne City Link and transfer of functions and powers to Roads Corporation
6.New definitions inserted
7.Liability to pay toll
8.Offence to drive unregistered vehicle in toll zone
9.Notification of non-payment of tolls by taxi-cab drivers
10.Power to serve a notice
11.Withdrawal of notice
12.Offences detected by prescribed tolling device
13.General evidentiary provisions
14.Disclosure to, and use by, tollway operator of certain tolling information
15.Disclosure and use of information for investigation and enforcement of certain road safety laws
16.New section 90CA inserted
90CA.Records of disclosure and use by authorised Roads Corporation officers
17.New section 121 inserted
121.Transitional provision—Transport Legislation (Miscellaneous Amendments) Act 2004
Part 4—Amendment of Public Transport Competition Act 1995
18.Definitions
19.Giving or refusal of accreditation
Part 5—Amendment of Rail Corporations Act 1996
20.Definitions
21.Civil penalty provisions
22.Repeal of prohibited interest provisions
Part 6—Amendment of Road Safety Act 1986
Division 1—Registration Numbers and Number Plates
23.Definitions
24.Functions of Corporation
25.Powers of Corporation
26.New sections 5AC, 5AD and 5AE inserted
5AC.Sale of registration number rights
5AD.What are registration number rights?
5AE.Non-standard number plates and replacement number plates
27.General evidentiary provisions
28.Charges relating to assignment of registration numbers
29.Subject-matter for regulations
30.New sections 103E and 103F inserted
103E.Validation of sale of registration number rights and collection of certain amounts
103F.Regulations may take effect on commencement
Division 2—Alcohol Interlock Conditions
31.Direction to impose alcohol interlock condition
32.Police to be notified of application for the removal of an
alcohol interlock condition33.Amendment of transitional provision
Division 3—Other Amendments
34.Alcohol/drug offences involving a refusal to comply with a requirement
35."Owner onus" offences
36.Withdrawal of infringement notice
37.Delegation
38.Repeal of references to repealed Commonwealth Act
39.New section 103G inserted
103G.Transitional provision—Transport Legislation (Miscellaneous Amendments) Act 2004
40.Consequential amendments to Magistrates' Court Act 1989
Part 7—Amendment of Road Safety (Drug Driving) Act 2003
41.Penalty for new offence involving drugs
Part 8—Amendment of Road Transport
(Dangerous Goods) Act 1995
42.Updating of reference to Commonwealth Act
Part 9—Amendment of Sentencing Act 1991
43.Direction to impose alcohol interlock condition
44.Police to be notified of application for the removal of an
alcohol interlock condition45.Amendment of transitional provision
Part 10—Amendment of Transport Act 1983
46.Delegations for the grant of driving instructor authorities
47.Alcohol/drug offences involving a refusal to comply with a requirement
48.Regulations concerning railway safety work
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Endnotes
Transport Legislation (Miscellaneous Amendments) Act 2004
[Assented to 16 June 2004]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purpose
The purpose of this Act is to amend—
(a)the Marine Act 1988 to specify certain states of affairs or circumstances that do not prevent a person being convicted or found guilty of a refusal to comply with certain requirements made in relation to offences involving alcohol or other drugs; and
(b)the Melbourne City Link Act 1995 to—
(i)support interoperability arrangements between tollway operators; and
(ii)make miscellaneous amendments relating to the disclosure and use of restricted tolling information and the enforcement of the payment of tolls; and
(iii)abolish the office of Director, Melbourne City Link and transfer the Director's functions and powers to the Roads Corporation; and
(c)the Public Transport Competition Act 1995 to—
(i)require all road transport passenger services to be accredited; and
(ii)expressly confer on the Secretary the discretion to refuse to give an accreditation if an applicant for accreditation or the applicant's directors or managers nominated in the application have been found guilty of, or charged with, certain offences; and
(d)the Rail Corporations Act 1996 to—
(i)facilitate the inclusion of civil penalty provisions in certain contracts for the provision of public transport services; and
(ii)repeal the provisions of that Act which impose certain cross-ownership restrictions on train and tram operators; and
(e)the Road Safety Act 1986 to—
(i)provide for the granting of rights to registration numbers and the making of regulations concerning those rights; and
(ii)provide for the issue of non-standard number plates and the making of regulations concerning those plates; and
(iii)validate certain past transactions relating to the sale of registration number rights, the issue of number plates and the assignment of registration numbers; and
(iv)extend the scope of offences with respect to which alcohol interlock conditions may be imposed under that Act and require the police to be notified of applications for the removal of such conditions; and
(v)specify certain states of affairs or circumstances that do not prevent a person being convicted or found guilty of a refusal to comply with certain requirements made in relation to offences involving alcohol or other drugs; and
(vi)make miscellaneous amendments relating to the enforcement of "owner onus" offences; and
(vii)expand the period within which an infringement notice may be withdrawn; and
(viii)enable the sub-delegation of certain powers; and
(f)the Road Safety (Drug Driving) Act 2003 to provide new penalties for the offence of refusing to provide a sample of oral fluid for drug testing; and
(g)the Road Transport (Dangerous Goods) Act 1995 to up-date a reference to a Commonwealth Act; and
(h)the Sentencing Act 1991 to extend the scope of offences with respect to which alcohol interlock conditions may be imposed under that Act and require the police to be notified of applications for the removal of such conditions; and
(i)the Transport Act 1983 to—
(i)confer on the Secretary the power, by instrument, to delegate his or her power to issue driver instructor authorities under section 33 of the Road Safety Act 1986; and
(ii)specify certain states of affairs or circumstances that do not prevent a worker being convicted or found guilty of a refusal to comply with certain requirements made in relation to offences involving alcohol or other drugs; and
(iii)broaden the regulation-making powers relating to the carrying on of railway safety work.
2.Commencement
(1)This Act (except sections 9, 10 and 12(5) and (6) and Part 8) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Part 8 is deemed to have come into operation on 15 January 2004.
(3)Sections 9, 10 and 12(5) and (6) come into operation on a day or days to be proclaimed.
(4)If a provision referred to in sub-section (3) does not come into operation before 4 January 2005, it comes into operation on that day.
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Part 2—Amendment of Marine Act 1988
3.Alcohol/drug offences involving a refusal to comply with a requirement
After section 28(1) of the Marine Act 1988 insert—
"(1A)A person may be convicted or found guilty of an offence under paragraph (c) or (d) of sub-section (1) even if—
(a)in the case of an offence under paragraph (c), a prescribed device was not presented to the person at the time of the making of the requirement; and
(b)in the case of an offence under paragraph (d)—
(i)a breath analysing instrument was not available at the place where the requirement was made at the time it was made; and
(ii)a person authorised to operate a breath analysing instrument was not present at the place where the requirement was made at the time it was made; and
(iii)the person requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and
(iv)a registered medical practitioner or approved health professional was not present at the place where the requirement was made at the time it was made.
(1B)To avoid doubt, in proceedings for an offence under paragraph (d) of sub-section (1) a state of affairs or circumstance referred to in sub-section (1A)(b)(i) or (ii) is not a reason of a substantial character for a refusal for the purposes of section 31(9).".
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Part 3—Amendment of Melbourne City Link Act 1995
4.Definitions
(1)In section 3 of the Melbourne City Link Act 1995, the definitions of "Director" and "Secretary" are repealed.
(2)In section 3 of the Melbourne City Link Act 1995, after the definition of "restricted tolling information" insert—
' "Roads Corporation" has the same meaning as in the Transport Act 1983;'.
5.Abolition of office of Director, Melbourne City Link and transfer of functions and powers to Roads Corporation
(1)Section 6A of the Melbourne City Link Act 1995 is repealed.
(2)In section 6B(1) of the Melbourne City Link Act 1995, for "Director" (where twice occurring) substitute "Roads Corporation".
(3)Section 6B(2) of the Melbourne City Link Act 1995 is repealed.
(4)In section 6B(3) of the Melbourne City Link Act 1995—
(a)for "Director" substitute "Roads Corporation";
(b)for "the Director's" (where twice occurring) substitute "its".
(5)In section 18B(1) of the Melbourne City Link Act 1995, for "Secretary" substitute "Roads Corporation".
6.New definitions inserted
In section 69 of the Melbourne City Link Act 1995 insert the following definitions—
' "taxi-cab" has the same meaning as in section 86(1) of the Transport Act 1983;
"tollway" means a road or part of a road in Australia in respect of which a toll or charge for the use of that road or part of that road is payable;
"tollway billing arrangement" means an agreement or arrangement between a person and a tollway operator relating to the payment of tolls for the use of a vehicle in a tollway;
"tollway operator" means a person, other than the Link corporation or Extension corporation, who—
(a)operates a tollway under a law of another State or of a Territory, or under an agreement between that person and another State or a Territory; and
(b)is empowered or entitled, under that law or agreement, to levy or impose a toll or charge for the use of the tollway;'.
7.Liability to pay toll
After section 72(4) of the Melbourne City Link Act 1995 insert—
"(5)This section does not apply in respect of the use in a toll zone of a vehicle covered by a tollway billing arrangement.".
8.Offence to drive unregistered vehicle in toll zone
(1)In section 73(3) of the Melbourne City Link Act 1995 for "that the vehicle was registered under this Part in respect of the relevant toll zone by the relevant corporation." substitute—
"that the vehicle—
(a)was registered under this Part in respect of the relevant toll zone by the relevant corporation; or
(b)was covered by a tollway billing arrangement.".
(2)In section 73(4A) of the Melbourne City Link Act 1995—
(a)after "commenced" insert "against";
(b)for "issued, against" substitute "served, on".
(3)After section 73(6) of the Melbourne City Link Act 1995 insert—
"(7)Sub-section (1) does not apply in respect of a vehicle covered by a tollway billing arrangement.".
9.Notification of non-payment of tolls by taxi-cab drivers
In section 77(1)(b) of the Melbourne City Link Act 1995, after "offence" insert—
"or, if that vehicle is a taxi-cab, on—
(i)the owner of the taxi-cab; or
(ii)the person whom the relevant corporation, or a person authorised by the relevant corporation for the purposes of this section, believes, on the basis of a sworn statement in writing or a statutory declaration supplied by the owner of the taxi-cab, was driving the taxi-cab at the time of the offence".
10.Power to serve a notice
In section 80(2)(b)(ii) of the Melbourne City Link Act 1995, after "with" insert
"section 77(1)(b)(ii) or".
11.Withdrawal of notice
(1)In section 83(1) of the Melbourne City Link Act 1995, after "served" insert "(or, at the request of the alleged offender, at any later time)".
(2)After section 83(2) of the Melbourne City Link Act 1995 insert—
"(2A)Despite sub-section (1), an infringement notice cannot be withdrawn under that sub-section where the infringement penalty is registered under Schedule 7 to the Magistrates' Court Act 1989.".
12.Offences detected by prescribed tolling device
(1)For section 87(3)(a) of the Melbourne City Link Act 1995 substitute—
"(a)before or within 28 days after the service on the owner of a summons in respect of the offence, the owner supplies to an enforcement official in a sworn statement in writing or in a statutory declaration the name and address of the person who was driving the vehicle at the relevant time; or".
(2)After section 87(3)(a) of the Melbourne City Link Act 1995 insert—
"(aab)where an infringement notice was served on the owner in respect of the offence, before the infringement penalty is registered under Schedule 7 to the Magistrates' Court Act 1989 the owner supplies to an enforcement official in a sworn statement in writing or in a statutory declaration the name and address of the person who was driving the vehicle at the relevant time; or".
(3)In section 87(3A)(b) of the Melbourne City Link Act 1995 after "person" insert "or any other enforcement officer".
(4)In section 87(4) and (5) of the Melbourne City Link Act 1995 after "(3)(a)" insert ", (aab)".
(5)In section 87(5) of the Melbourne City Link Act 1995, after "(ab)" insert "or section 77(1)(b)(ii)".
(6)After section 87(5) of the Melbourne City Link Act 1995 insert—
"(6)This section does not apply if the vehicle driven in a toll zone contrary to section 73(1) is a taxi-cab and an infringement notice is served, in accordance with section 80(2)(b)(ii), on the person allegedly driving the taxi-cab at the time of the offence and that infringement notice—
(a)is not withdrawn; or
(b)is withdrawn and proceedings are taken against that person.".
13.General evidentiary provisions
After section 89(4)(c) of the Melbourne City Link Act 1995 insert—
"(ca)that a specified vehicle was, or was not, covered by a tollway billing arrangement at a specified time; or".
14.Disclosure to, and use by, tollway operator of certain tolling information
For section 90A(3) of the Melbourne City Link Act 1995 substitute—
"(3)In addition, a relevant agency may—
(a)disclose or use restricted tolling information for the purpose of performing its obligations, exercising its rights or carrying out its functions under this Act, the regulations, the Transport Act 1983, the regulations under that Act, the Agreement or the Extension Agreement; or
(b)disclose to a tollway operator restricted tolling information relating to—
(i)the date and time of use of a toll zone by any vehicle; or
(ii)the toll payable for the use of a toll zone by any vehicle; or
(iii)the licence plate number or category of any vehicle using a toll zone; or
(iv)any vehicle transponder carried in any vehicle using a toll zone; or
(c)disclose to a tollway operator restricted tolling information relating to—
(i)the licence plate number or category of any vehicle registered under this Part; or
(ii)any vehicle transponder issued in respect of any vehicle registered under this Part.
(3A)A tollway operator to whom restricted tolling information is disclosed under sub-section (3)(b) may use that information to do either or both of the following—
(a)bill and charge a party to a tollway billing arrangement for the use in a toll zone of a vehicle covered by that arrangement;
(b)enable the Link corporation or Extension corporation to be credited with the toll payable for such a use.
(3B)A tollway operator to whom restricted tolling information is disclosed under sub-section (3)(c) may use that information to be credited with a payment by the Link corporation or Extension corporation in respect of the use in a tollway of a vehicle registered under this Part.".
15.Disclosure and use of information for investigation and enforcement of certain road safety laws
(1)Insert the following heading to section 90B of the Melbourne City Link Act 1995—
"Disclosure and use of information for enforcement of criminal law and certain road safety laws".
(2)In section 90B(1) of the Melbourne City Link Act 1995 insert the following definitions—
' "authorised Roads Corporation officer" means an officer of the Roads Corporation authorised under sub-section (1A);
"enforcement of a relevant road safety law" means any activity in relation to—
(a)investigating whether an offence against a relevant road safety law has been committed;
(b)prosecuting an offence against a relevant road safety law;
(c)detecting, or preventing, the commission of an offence against a relevant road safety law;
"relevant road safety law" means—
(a)section 64 of the Road Safety Act 1986; or
(b)section 65 of the Road Safety Act 1986; or
(c)rule 152(1) of the "Road Rules" within the meaning of the Road Safety (Road Rules) Regulations 1999; or
(d)regulation 222(6) of the Road Safety (Vehicles) Regulations 1999; or
(e)regulation 802(1) of the Road Safety (Vehicles) Regulations 1999; or
(f)regulation 808(1) of the Road Safety (Vehicles) Regulations 1999; or
(g)regulation 809(1) of the Road Safety (Vehicles) Regulations 1999;'.
(3)After section 90B(1) of the Melbourne City Link Act 1995 insert—
"(1A)The Roads Corporation may, in writing, authorise an officer of the Roads Corporation to be an authorised Roads Corporation officer for the purposes of this section.".
(4)For section 90B(2) of the Melbourne City Link Act 1995 substitute—
"(2)A person to whom section 90A applies may disclose restricted tolling information to a member of the police force or an authorised Roads Corporation officer if—
(a)an authorised police officer has certified in writing that the disclosure is reasonably necessary for the enforcement of the criminal law or the enforcement of a relevant road safety law; or
(b)the Roads Corporation has certified in writing that the disclosure is reasonably necessary for the enforcement of a relevant road safety law.".
(5)In section 90B(3) of the Melbourne City Link Act 1995—
(a)after "force" insert "or an authorised Roads Corporation officer";
(b)for "she or he" (where twice occurring) substitute "the member or officer";
(c)after "the enforcement of the criminal law" insert "or the enforcement of a relevant road safety law".
16.New section 90CA inserted
After section 90C of the Melbourne City Link Act 1995 insert—
"90CA.Records of disclosure and use by authorised Roads Corporation officers
(1)The Roads Corporation must ensure that there are created in relation to—
(a)certificates that are issued by the Roads Corporation for the purposes of section 90B; and
(b)the disclosure or use of restricted tolling information by authorised Roads Corporation officers within the meaning of that section—
any records that are reasonably required by the Ombudsman, after consultation with the Roads Corporation, to enable the Ombudsman to carry out the Ombudsman's functions in relation to this Division.
(2)The Roads Corporation must also ensure—
(a)that the records—
(i)are created in the form and manner, and within the time; and
(ii)are kept in the manner—
reasonably required by the Ombudsman after consultation with the Roads Corporation; and
(b)that any record created under this section is retained in the records of the Roads Corporation for a period of 2 years (or any other period specified by the regulations for the purposes of this section) after the date the record was made.".
17.New section 121 inserted
After section 120 of the Melbourne City Link Act 1995 insert—
"121.Transitional provision—Transport Legislation (Miscellaneous Amendments) Act 2004
(1)Any reference to the Director, Melbourne City Link in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever is, so far as it relates to any period after the commencement of section 5 of the Transport Legislation (Miscellaneous Amendments) Act 2004 and if not inconsistent with the context or subject-matter, to be construed as a reference to the Roads Corporation.
(2)The amendments of section 83 made by section 11 of the Transport Legislation (Miscellaneous Amendments) Act 2004 applies to any infringement notice issued on or after the commencement of that section of that Act, irrespective of when the infringement was committed.
(3)The amendments of section 87 made by section 12(1) to (4) of the Transport Legislation (Miscellaneous Amendments) Act 2004 apply to offences alleged to have been committed before, on or after the commencement of section 12(1) to (4) of that Act and irrespective of whether or not a charge was filed or an infringement notice or courtesy letter was served before that commencement.".
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Part 4—Amendment of Public Transport Competition Act 1995
18.Definitions
In section 3(1) of the PublicTransport Competition Act 1995—
(a)after the definition of "courtesy service" insert—
' "disqualifying offence" means—
(a)any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more; or
(b)an offence under Subdivision (8A), (8B), (8C), (8D), (8E), (8EA), (9), (9A) or (13) of Division 1 of Part I of the Crimes Act 1958 or under any corresponding previous enactment or an attempt to commit any such offence or any assault with intent to commit any such offence; or
(c)an offence against section 5, 13, 18(1) or 25 or any other offence against this Act that is prescribed for the purposes of this definition; or
(d)an offence against the regulations or any other law in force in Victoria that is prescribed for the purposes of this definition; or
(e)an offence which, if committed in Victoria, would have been a disqualifying offence;';
(b)in the definition of "road transport passenger service", omit "and includes a regular passenger service".
19.Giving or refusal of accreditation
After section 9(1) of the Public Transport Competition Act 1995 insert—
"(2)Without limiting sub-section (1), the Secretary may refuse to give an accreditation if the applicant (or, in the case of an applicant who is a body corporate, the body corporate or any of its directors or a manager nominated under section 7(2)(b)) has been found guilty of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of.
(3)If before an application for accreditation is determined, the applicant becomes aware of a finding of guilt or charge that is relevant for the purposes of sub-section (2) and particulars of which have not previously been given by the applicant to the Secretary in, or in relation to, the application, the applicant must immediately notify the Secretary of the particulars of that finding or charge.
Penalty:10 penalty units.".
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Part 5—Amendment of Rail Corporations Act 1996
20.Definitions
In section 3(1) of the Rail Corporations Act 1996—
(a)the definitions of "metropolitan train operator" and "metropolitan tram operator" are repealed;
(b)after the definition of "public statutory body" insert—
' "public transport service" means a service—
(a)for the manufacture, production, supply or issue of tickets, or the supply and maintenance of a ticketing system, for use by passengers on a railway or tramway;
(b)for the distribution of tickets amongst train operators and tram operators;
(c)for the collection of revenue from ticket sales and the distribution of that revenue amongst train operators and tram operators;
(d)for the provision of information to passengers or members of the public relating to the operation of a passenger service;
(e)for the marketing of passenger services or other transport services;
(f)for the construction and supply of rail infrastructure, train infrastructure or rolling stock;
(g)for the maintenance of rail infrastructure, tram infrastructure or rolling stock;
(h)that is ancillary or incidental to the provision of a passenger service or other transport service including, but not limited to, the provision of financial accommodation in connection with the acquisition of rolling stock;';
(c)in the definition of "train operator"—
(i)for "Part 5 or another" substitute "a";
(ii)omit "that Part or";
(d)in the definition of "tram operator"—
(i)for "Part 5 or another" substitute "a";
(ii)omit "that Part or".
21.Civil penalty provisions
(1)In section 68(1) of the Rail Corporations Act 1996, after "passenger service" insert "or public transport service".
(2)After section 68(3)(b) of the Rail Corporations Act 1996 insert—
"(ba)a person who is a party to a contract with the Secretary or the Director acting on behalf of the Crown (whether entered into before or after the commencement of section 21(2) of the Transport Legislation (Miscellaneous Amendments) Act 2004) for the provision by that person of a public transport service;".
22.Repeal of prohibited interest provisions
Part 5 of the Rail Corporations Act 1996 is repealed.
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Part 6—Amendment of Road Safety Act 1986
Division 1—Registration Numbers and Number Plates
23.Definitions
In section 3(1) of the Road Safety Act 1986 insert the following definitions—
' "non-standard number plate" means a number plate that, at the time of issue, is not of the design, size, colour or material of number plates then generally issued on payment of the basic fee prescribed for the issue of number plates;
"registration number rights" means the rights set out in section 5AD;'.
24.Functions of Corporation
After section 5AA(c) of the Road Safety Act 1986 insert—
"(ca)to sell registration number rights, and issue non-standard number plates and replacement number plates, in accordance with section 5AC or 5AE (as the case requires) and the regulations; and".
25.Powers of Corporation
After section 5AB(1)(g) of the Road Safety Act 1986 insert—
"(ga)collect money received on the sale of registration number rights and the issue of non-standard number plates and replacement number plates; and".
26.New sections 5AC, 5AD and 5AE inserted
After section 5AB of the Road Safety Act 1986 insert—
"5AC.Sale of registration number rights
(1)The Corporation may, in accordance with the regulations, sell (including at auction or by inviting tenders) registration number rights.
(2)Subject to sub-section (3), registration number rights may be sold to any person, whether or not eligible to be the registered operator of a vehicle.
(3)Registration number rights to a registration number assigned to a vehicle may only be sold—
(a)to the registered operator of the vehicle; or
(b)to another person, with the consent of that registered operator.
(4)The price at which registration number rights may be sold may vary according to the particular registration number or class of registration number and is not required to be related in any way to the cost to the Corporation of providing any service.
5AD.What are registration number rights?
(1)The person who owns registration number rights in respect of a particular registration number has—
(a)the right to have that registration number assigned to a vehicle registered by the Corporation of which that person is the registered operator or, with the consent of that person, to any other vehicle registered by the Corporation; and
(b)the right to be issued with 2 number plates (of a type that, in the opinion of the Corporation, is appropriate to that registration number) bearing that registration number; and
(c)the right to display number plates bearing that registration number on any vehicle to which that number is assigned by the Corporation.
(2)The rights referred to in sub-section (1)—
(a)are exclusive to the owner of those rights; and
(b)may be exercised at any time, whether at the time of purchase of the registration number rights or at any later time; and
(c)may only be exercised subject to, and in accordance with, this Act and the regulations; and
(d)may be transferred to any other person, or otherwise dealt with, by the owner of those rights; and
(e)form part of the property of the estate of the owner on his or her death; and
(f)are, by force of this paragraph, cancelled on the expiry of the period of 12 months of the vehicle to which they were last assigned continuing to be not registered under Part 2 unless the owner of those rights has before that expiry notified the Corporation of their wish to retain the registration number that is the subject of those rights.
(3)Subject to this Act and the regulations, the Corporation must take all necessary steps to give effect to the exercise of any right referred to in sub-section (1).
(4)If—
(a)a vehicle is sold (whether before, on or after the commencement of Division 1 of Part 6 of the Transport Legislation (Miscellaneous Amendments) Act 2004) together with a number plate issued by the Corporation displayed on it; and
(b)that number plate bears the registration number assigned to the vehicle at the time of the sale; and
(c)that registration number is at the time of the sale the subject of registration number rights—
it must be presumed for all purposes, in the absence of evidence to the contrary, that the person who acquires the vehicle also acquires the registration number rights in respect of that registration number.
(5)The Corporation must not assign to a vehicle, or issue a number plate bearing, a registration number that is the subject of registration number rights except on an application made by, or with the consent of, that owner.
(6)A number plate issued by the Corporation bearing a registration number that is the subject of registration number rights owned by a person remains the property of the State despite the separate ownership of the registration number rights.
5AE.Non-standard number plates and replacement number plates
(1)The Corporation may, in accordance with the regulations, issue non-standard number plates or replacement number plates for a fee fixed by the Corporation or determined at auction or by inviting tenders.
(2)Despite anything to the contrary in this Act, a fee fixed for the issue of a non-standard number plate or a replacement number plate may vary according to the design, size, colour or material of the particular number plate or class of number plate and is not required to be related in any way to the cost to the Corporation of providing any service.".
27.General evidentiary provisions
(1)After section 84(4B) of the Road Safety Act 1986 insert—
"(4C)A certificate purporting to be issued by the Corporation certifying that on a particular date—
(a)a particular registration number was the subject of registration number rights; or
(b)a particular person was the owner of registration number rights in respect of a particular registration number—
is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in it.".
(2)In section 84(5) of the Road Safety Act 1986, for "number-plates" substitute "number plates".
28.Charges relating to assignment of registration numbers
(1)In section 97A(2) of the Road Safety Act 1986, after "sub-section (1)" insert "(other than a service provided in connection with the assignment of registration numbers)".
(2)After section 97A(2) of the Road Safety Act 1986 insert—
"(3)Nothing in this section limits section 5AC(4) or 5AE(2).".
29.Subject-matter for regulations
(1)In item 15 of Schedule 2 to the Road Safety Act 1986—
(a)omit "number plates,";
(b)omit "; the circumstances in which number plates must be returned and the procedures for doing this".
(2)After item 15 of Schedule 2 to the Road Safety Act 1986 insert—
"15A.The issue of number plates; the circumstances in which they may be issued; the authorising of agents to issue them on behalf of the Corporation and the issue of replacement number plates.
15B.The conditions on which number plates may be used or possessed and the circumstances in which, and conditions on which, the right to use or possess them may be transferred to another person.
15C.Requirements to notify the Corporation about the use or possession of number plates or the transfer of the right to use or possess those number plates (such as when they are installed or displayed on a motor vehicle or transferred to another motor vehicle or person) and requirements to return other number plates that are removed from a motor vehicle.
15D.The circumstances in which number plates must be returned to the Corporation, the procedures for doing so and the compensation (if any) payable on their return.
15E.The sale of registration number rights; the circumstances in which, and conditions subject to which, they may be sold; the authorising of agents to sell them on behalf of the Corporation.
15F.The circumstances in which, and conditions subject to which, the ownership of registration number rights may be transferred to another person and requirements to notify the Corporation about such a transfer of ownership.
15G.The circumstances in which registration number rights may be cancelled, the procedures for doing so and the compensation (if any) payable on that cancellation.".
30.New sections 103E and 103F inserted
After section 103D of the Road Safety Act 1986 insert—
'103E.Validation of sale of registration number rights and collection of certain amounts
(1)In this section "commencement day" means the day on which Division 1 of Part 6 of the Transport Legislation (Miscellaneous Amendments) Act 2004 comes into operation.
(2)The sale before the commencement day of registration number rights in respect of a registration number that would have been valid and lawful had it occurred after that day—
(a)is taken to be, and to have always been, valid and lawful; and
(b)is taken to have conferred on the person to whom the registration number rights were sold the same rights that the person would have had if they had been sold after that day.
(3)It must be presumed for all purposes that registration number rights sold before the commencement day were cancelled on the expiry of the period of 12 months of the vehicle to which they were last assigned continuing to be not registered under Part 2, unless the owner of those rights had before that expiry notified the Corporation of their wish to retain the registration number that was the subject of those rights.
(4)It must be presumed for all purposes, in the absence of evidence to the contrary, that the person to whom a number plate was issued by the Corporation before 1 September 2002, being a number plate bearing a registration number in respect of which registration number rights were sold by the Corporation before that date, was the person to whom those registration number rights were sold by the Corporation.
(5)The transfer to a person, before the commencement day, of registration number rights that would have been valid and lawful had the transfer occurred after that day—
(a)is taken to be, and to have always been, valid and lawful; and
(b)is taken to have conferred on the person the same rights that the person would have had if the transfer had occurred after that day.
(6)The payment before the commencement day of a fee, or an amount at auction or by tender, for the purchase of registration number rights that would have been valid and lawful had the payment been made after that day is taken to be, and to have always been, valid and lawful.
(7)A fee or amount charged and collected before the commencement day for the assignment to a vehicle of a registration number that at the time of the sale formed part of a general issue series (being a particular registration number requested by, or on behalf of, the payer of that fee or amount) must be taken to be, and to have always been, validly and lawfully charged and collected even if it exceeded the cost to the Corporation of assigning that registration number.
(8)It must be presumed for all purposes, in the absence of evidence to the contrary, that the assignment of a registration number to a vehicle before the commencement day in the circumstances described in sub-section (7) did not result in the sale of registration number rights in respect of that registration number or confer on any person any such rights.
(9)A fee or amount charged and collected before the commencement day for the assignment to a vehicle of a registration number that then was or had been the registration number of another vehicle that would have been validly and lawfully charged and collected had the other vehicle been then or at some earlier time registered in the name of the payer of that fee or amount must be taken to be, and to have always been, validly and lawfully charged and collected.
(10)A fee or amount charged and collected before the commencement day for the issue of non-standard number plates or replacement non-standard number plates must be taken to be, and to have always been, validly and lawfully charged and collected even if it exceeded the cost to the Corporation of issuing those number plates.
103F.Regulations may take effect on commencement
Regulations made under section 95 for or in respect of the matters in items 15A to 15G of Schedule 2 may take effect from the day on which Division 1 of Part 6 of the Transport Legislation (Miscellaneous Amendments) Act 2004 commences (whether or not the regulations are made after that day).'.
Division 2—Alcohol Interlock Conditions
31.Direction to impose alcohol interlock condition
(1)In section 50AAA(3) of the Road Safety Act 1986, for "If" substitute "Subject to sub-section (3A), if".
(2)After section 50AAA(3) of the Road Safety Act 1986 insert—
"(3A)Despite sub-section (3), if—
(a)the offence was not a first offence or, in the case of an offence under section 49(1)(b), (f) or (g), the concentration of alcohol—
(i)in the person's blood at the relevant time was 0×15 grams or more per 100 millilitres of blood; or
(ii)in the person's breath at the relevant time was 0×15 grams or more per 210 litres of exhaled air—
as the case requires; and
(b)the person was disqualified under section 50 from obtaining a driver licence or permit on or before the commencement of section 10 of the Road Safety (Alcohol Interlocks) Act 2002—
sub-section (3)(a) has no application to the offence and, on making the order, the court may direct the Corporation that it can only grant the person a driver licence or permit that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by such a supplier.".
32.Police to be notified of application for the removal of an alcohol interlock condition
In section 50AAB(4) of the Road Safety Act 1986, after "the person" insert "made at the end of the specified period and on giving 28 days written notice of the application and of the venue of the Court at which it is to be made to the Chief Commissioner of Police".
33.Amendment of transitional provision
(1)For section 103B(1) of the Road Safety Act 1986 substitute—
"(1)Subject to sub-section (1A), on and from the commencement of Division 2 of Part 6 of the Transport Legislation (Miscellaneous Amendments) Act 2004, section 50AAA applies to offences, irrespective of when they were committed including (for the avoidance of doubt) whether they were committed before, on or after the commencement of section 10 of the Road Safety (Alcohol Interlocks) Act 2002.".
(2)After section 103B(1) of the Road Safety Act 1986 insert—
"(1A)The application of section 50AAA to an offence continues as provided by sub-section (1), as in force immediately before the commencement of Division 2 of Part 6 of the Transport Legislation (Miscellaneous Amendments) Act 2004 for the purposes of any application under section 50(4) for an order as to the issue of a driver licence or permit made before that commencement.
(1B)The amendment of section 50AAB(4) made by section 32 of the Transport Legislation (Miscellaneous Amendments) Act 2004 has effect only with respect to applications made for the removal of an alcohol interlock condition more than 28 days after the commencement of Division 2 of Part 6 of that Act.".
Division 3—Other Amendments
34.Alcohol/drug offences involving a refusal to comply with a requirement
After section 49(1) of the Road Safety Act 1986 insert—
"(1A)A person may be convicted or found guilty of an offence under paragraph (c), (ca), (e) or (ea) of sub-section (1) even if—
(a)in the case of an offence under paragraph (c), a prescribed device was not presented to the person at the time of the making of the requirement; and
(b)in the case of an offence under paragraph (ca)—
(i)a requirement to undergo an assessment of drug impairment was not made at a place where such an assessment could have been carried out; and
(ii)a member of the police force authorised to carry out an assessment of drug impairment was not present at the place where the requirement was made at the time it was made; and
(c)in the case of an offence under paragraph (e)—
(i)a breath analysing instrument was not available at the place or vehicle where the requirement was made at the time it was made; and
(ii)a person authorised to operate a breath analysing instrument was not present at the place where the requirement was made at the time it was made; and
(iii)the person requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and
(iv)a registered medical practitioner or approved health professional was not present at the place where the requirement was made at the time it was made; and
(d)in the case of an offence under paragraph (ea)—
(i)the member of the police force requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and
(ii)the member of the police force requiring a sample of urine had not nominated a registered medical practitioner or approved health professional to whom the sample was to be furnished for analysis; and
(iii)a registered medical practitioner or approved health professional was not present at the place where the requirement was made at the time it was made.
(1B)To avoid doubt, in proceedings for an offence under paragraph (e) of sub-section (1) a state of affairs or circumstance referred to in sub-section (1A)(c)(i) or (ii) is not a reason of a substantial character for a refusal for the purposes of section 55(9).".
35."Owner onus" offences
(1)For section 66(3)(a) of the Road Safety Act 1986 substitute—
"(a)before or within 28 days after the service on the owner of a summons in respect of the offence, the owner supplies to an enforcement official in a sworn statement in writing or in a statutory declaration the name and address of the person who was driving the motor vehicle or trailer at the relevant time; or".
(2)After section 66(3)(a) of the Road Safety Act 1986 insert—
"(aab)where a traffic infringement notice was served on the owner in respect of the offence, before the infringement penalty is registered under Schedule 7 to the Magistrates' Court Act 1989 the owner supplies to an enforcement official in a sworn statement in writing or in a statutory declaration the name and address of the person who was driving the motor vehicle or trailer at the relevant time; or".
(3)In section 66(3AA) of the Road Safety Act 1986, after paragraph (b) insert—
"(ba)a person who is appointed by the Chief Commissioner of Police for the purposes of Part 7; or".
(4)In section 66(3A) and (4) of the Road Safety Act 1986 after "(3)(a)" insert ", (aab)".
(5)For section 86(3)(a) of the Road Safety Act 1986 substitute—
"(a)before or within 28 days after the service on the owner of a summons in respect of the parking infringement concerned, the owner supplies to an enforcement official in a sworn statement in writing or in a statutory declaration the name and address of the person who was in charge of the vehicle at the relevant time; or".
(6)After section 86(3)(a) of the Road Safety Act 1986 insert—
"(aab)where a courtesy letter under Schedule 7 to the Magistrates' Court Act 1989 was served on the owner in respect of the parking infringement concerned, before the infringement penalty is registered under that Schedule the owner supplies to an enforcement official in a sworn statement in writing or in a statutory declaration the name and address of the person who was in charge of the vehicle at the relevant time; or".
(7)In section 86(4) of the Road Safety Act 1986, after paragraph (b) insert—
"(ba)a person who is appointed by the Chief Commissioner of Police for the purposes of Part 7; or".
(8)In section 86(4A) and (5) of the Road Safety Act 1986 after "(3)(a)" insert ", (aab)".
36.Withdrawal of infringement notice
(1)In section 88(3) of the Road Safety Act 1986, after "the notice" insert "(or, at the request of the person on whom the notice was served, at any later time)".
(2)After section 88(3) of the Road Safety Act 1986 insert—
"(3AA)Despite sub-section (3), a traffic infringement notice cannot be withdrawn under that sub-section where the infringement penalty is registered under Schedule 7 to the Magistrates' Court Act 1989.".
37.Delegation
(1)For section 91(1) of the Road Safety Act 1986 substitute—
"(1)The Corporation may by instrument under its official seal—
(a)delegate to an officer of the Corporation any power of the Corporation under this Act or the regulations, including this power of delegation;
(b)delegate to any other person by name or to the holder of any other office or position (including a person who is an officer of the Transport Accident Commission) any power of the Corporation under this Act or the regulations, other than this power of delegation.
(1A)If—
(a)a power is delegated under sub-section (1)(a) to an officer of the Corporation; and
(b)the instrument of delegation authorises the sub-delegation of the power—
then, subject to any conditions to which the delegation is subject, the delegate may sub-delegate the power to any other person or to the holder of any other office or position but may not sub-delegate a power of delegation.
(1B)Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation.".
(2)In section 91(2) of the Road Safety Act 1986 for "sub-section (1)" substitute "this section".
38.Repeal of references to repealed Commonwealth Act
Sections 96A(2) and 96A(4) of the Road Safety Act 1986 are repealed.
39.New section 103G inserted
Before section 104 of the Road Safety Act 1986 insert—
"103G.Transitional provision—Transport Legislation (Miscellaneous Amendments) Act 2004
(1)The amendments of section 49 of this Act made by section 34 of the Transport Legislation (Miscellaneous Amendments) Act 2004 do not affect the rights of the parties in the proceeding known as Halepovic v Sangston (No. 6401 of 2003) in the Supreme Court of Victoria.
(2)The amendments of sections 66 and 86 of this Act made by section 35 of the Transport Legislation (Miscellaneous Amendments) Act 2004 apply to offences alleged to have been committed before, on or after the commencement of that section of that Act and irrespective of whether or not a charge was filed or a traffic infringement notice, parking infringement notice or courtesy letter was served before that commencement.
(3)The amendments of section 88 made by section 36 of the Transport Legislation (Miscellaneous Amendments) Act 2004 applies to any traffic infringement notice issued on or after the commencement of that section of that Act, irrespective of when the infringement was committed.".
40.Consequential amendments to Magistrates' Court Act 1989
In clause 14(2) of Schedule 7 to the Magistrates' Court Act 1989—
(a)in paragraph (b)(ii), after "86(3)(a)" insert
", (aab)";
(b)in paragraph (c)(ii), after "66(3)(a)" insert
", (aab)";
(c)in paragraph (d)(ii), after "87(3)(a)" insert
", (aab)".
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Part 7Amendment of Road Safety (Drug Driving) Act 2003—
41.Penalty for new offence involving drugs
(1)After section 7(4) of the Road Safety (Drug Driving) Act 2003 insert—
'(4A)In section 49(1A) of the Principal Act—
(a)for "or (ea)" substitute ", (ea) or (eb)"; and
(b)in paragraph (d)(ii), for "made." substitute "made; and";
(c)after paragraph (d) insert—
"(e)in the case of an offence under paragraph (eb)—
(i)a prescribed device was not presented to the person at the time of the making of the requirement; and
(ii)a prescribed device was not available at the place or vehicle where the requirement was made at the time it was made; and
(iii)a person authorised to carry out the prescribed procedure for the provision of a sample of oral fluid was not present at the place where the requirement was made at the time it was made; and
(iv)the person requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and
(v)a registered medical practitioner or approved health professional was not present at the place where the requirement was made at the time it was made.".
(4B)After section 49(1B) of the Principal Act insert—
"(1C)To avoid doubt, in proceedings for an offence under paragraph (eb) of sub-section (1) a state of affairs or circumstance referred to in sub-section (1A)(e)(i), (ii) or (iii) is not a reason of a substantial character for a refusal for the purposes of section 55E(12).".'.
(2)In section 7(5) of the Road Safety (Drug Driving) Act 2003, in the proposed new sub-section (3AAA) of section 49 of the Road Safety Act 1986, after "(bb)," insert "(eb),".
(3)In section 8(1) of the Road Safety (Drug Driving) Act 2003, before the proposed new sub-section (1E) of section 50 of the Road Safety Act 1986 insert—
' "(1DA)On convicting a person, or finding a person guilty of an offence under section 49(1)(eb), the court must, if the offender holds a driver licence or permit, cancel that licence or permit and, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such period as the court thinks fit, not being less than—
(a)in the case of a first offence, 3 months; and
(b)in the case of a subsequent offence, 6 months.'.
(4)In section 8(1) of the Road Safety (Drug Driving) Act 2003, for ' "(1E)' substitute "(1E)".
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Part 8—Amendment of Road Transport (Dangerous Goods) Act 1995
42.Updating of reference to Commonwealth Act
In section 10 of the Road Transport (Dangerous Goods) Act 1995, for "National Road Transport Commission Act 1991" substitute "National Transport Commission Act 2003".
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Part 9Amendment of Sentencing Act 1991—
43.Direction to impose alcohol interlock condition
(1)In section 89A(3) of the Sentencing Act 1991, for "If" substitute "Subject to sub-section (4), if".
(2)After section 89A(3) of the Sentencing Act 1991 insert—
"(4)Despite sub-section (3), if—
(a)the offence was not a first offence; and
(b)the person was disqualified under section 89 from obtaining a driver licence on or before the commencement of section 14 of the Road Safety (Alcohol Interlocks) Act 2002—
sub-section (3)(a) has no application to the offence and, on making the order, the court may direct the Roads Corporation that it can only grant the person a driver licence that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by such a supplier.".
44.Police to be notified of application for the removal of an alcohol interlock condition
In section 89B(3) of the Sentencing Act 1991, for "court orders, on the application of the person" substitute "Magistrates' Court orders, on the application of the person made at the end of the specified period and on giving 28 days written notice of the application and of the venue of the Court at which it is to be made to the Chief Commissioner of Police".
45.Amendment of transitional provision
(1)For section 126B(1) of the Sentencing Act 1991 substitute—
"(1)Subject to sub-section (1A), on and from the commencement of Part 9 of the Transport Legislation (Miscellaneous Amendments) Act 2004, section 89A applies to offences, irrespective of when they were committed including (for the avoidance of doubt) whether they were committed before, on or after the commencement of section 14 of the Road Safety (Alcohol Interlocks) Act 2002.".
(2)After section 126B(1) of the Sentencing Act 1991 insert—
"(1A)The application of section 89A to an offence continues as provided by sub-section (1), as in force immediately before the commencement of Part 9 of the Transport Legislation (Miscellaneous Amendments) Act 2004 for the purposes of any application under section 89(2) for an order as to the issue of a driver licence made before that commencement.
(1B)The amendment of section 80B(3) made by section 44 of the Transport Legislation (Miscellaneous Amendments) Act 2004 has effect only with respect to applications made for the removal of an alcohol interlock condition more than 28 days after the commencement of Part 9 of that Act.".
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Part 10—Amendment of Transport Act 1983
46.Delegations for the grant of driving instructor authorities
In section 32(1A) of the Transport Act 1983, for "other than a power under section 5, 6 or 6A" substitute "or under section 33 of the Road Safety Act 1986, other than a power under section 5, 6 or 6A of this Act".
47.Alcohol/drug offences involving a refusal to comply with a requirement
After section 94(1) of the Transport Act 1983 insert—
"(1A)A worker may be convicted or found guilty of an offence under paragraph (b), (ba), (c) or (ca) of sub-section (1) even if—
(a)in the case of an offence under paragraph (b), a prescribed device was not presented to the worker at the time of the making of the requirement; and
(b)in the case of an offence under paragraph (ba)—
(i)a requirement to undergo an assessment of drug impairment was not made at a place where such an assessment could have been carried out; and
(ii)a person authorised to carry out an assessment of drug impairment was not present at the place where the requirement was made at the time it was made; and
(c)in the case of an offence under paragraph (c)—
(i)a breath analysing instrument was not available at the place where the requirement was made at the time it was made; and
(ii)a person authorised to operate a breath analysing instrument was not present at the place where the requirement was made at the time it was made; and
(iii)the person requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and
(iv)a registered medical practitioner or approved health professional was not present at the place where the requirement was made at the time it was made; and
(d)in the case of an offence under paragraph (ca)—
(i)the person requiring a sample of blood had not nominated a registered medical practitioner or approved health professional to take the sample; and
(ii)the person requiring a sample of urine had not nominated a registered medical practitioner or approved health professional to whom the sample was to be furnished for analysis; and
(iii)a registered medical practitioner or approved health professional was not present at the place where the requirement was made at the time it was made.
(1B)To avoid doubt, in proceedings for an offence under paragraph (c) of sub-section (1) a state of affairs or circumstance referred to in sub-section (1A)(c)(i) or (ii) is not a reason of a substantial character for a refusal for the purposes of section 96(7).".
48.Regulations concerning railway safety work
After section 129X(2)(b) of the Transport Act 1983 insert—
"(ba)requiring accredited managers of rail infrastructure, and accredited providers and operators of rolling stock, to ensure that persons employed or engaged by them who carry out railway safety work are fit to do so;
(bb)the testing, assessment and monitoring of persons employed or engaged in railway safety work to ensure that those persons are fit to carry out that work;".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 6 May 2004
Legislative Council: 1 June 2004
The long title for the Bill for this Act was "to amend the Marine Act 1988, the Melbourne City Link Act 1995, the Public Transport Competition Act 1995, the Rail Corporations Act 1996, the Road Safety Act 1986, the Road Safety (Drug Driving) Act 2003, the Road Transport (Dangerous Goods) Act 1995, the Sentencing Act 1991 and the Transport Act 1983 and make consequential amendments to the Magistrates' Court Act 1989 and for other purposes."
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