Untitled document

Melbourne City Link (Amendment) Act 2000

Act No. 4/2000

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Principal Act	2
4.	Amendment to definition	2
5.	Registration for specified toll zone	2
6.	New section 80A inserted	3

80A. Toll administration infringement notice 3

7.	Prescribed penalty	3
8.	Amendment of section 86	3
9.	Amendment of section 89	4
10.	Proper records to be maintained by relevant corporation	4
11.	Amendment of section 116	5

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NOTES 7

i

Victoria

No. 4 of 2000

Melbourne City Link (Amendment) Act

2000†

[Assented to 28 March 2000]

The Parliament of Victoria enacts as follows:

1. Purposes

The purposes of this Act are to amend the

Melbourne City Link Act 1995—

(a)	to provide for vehicle registration to be limited to specified toll zones;
(b)	to provide for infringement notices to be issued in respect of offences relating to toll administration;

Melbourne City Link (Amendment) Act 2000

s. 2 Act No. 4/2000

(c) to make further provision in relation to records to be kept by relevant corporations.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Principal Act

No. 107/1995.	In this Act, the Melbourne City Link Act 1995 is
Reprint No. 3
as at 1 July	called the Principal Act.
1999.

4. Amendment to definition

In section 3 of the Principal Act, in the definition of "enforcement officer" after "section 79" insert "and includes, in relation to an infringement

notice issued under section 80A, a person

authorised under section 116(1A)".

5. Registration for specified toll zone

(1) In section 73(1) of the Principal Act, after "Part"

insert "in respect of that toll zone".

(2) In section 73(3) of the Principal Act, after "Part"
insert "in respect of the relevant toll zone".

(3) In section 73A(2) of the Principal Act, after

paragraph (c) insert—

"; or

(d) in respect of all toll zones or a specified toll zone or toll zones.".

(4) In section 73D(1) of the Principal Act, after

paragraph (f) insert—

"(g) the toll zone or zones in respect of which the

vehicle has been or will be registered.".

(5) In section 73D(2)(a) of the Principal Act, for "(c)

or (f)" substitute "(c), (f) or (g)".
Melbourne City Link (Amendment) Act 2000

Act No. 4/2000 s. 6

(6) In section 77(1) of the Principal Act—

(a) after "not registered under this Part" insert "in respect of a particular toll zone";

(b) for "a toll zone" substitute "that toll zone";

(c) in paragraph (a), after "Part" insert "in respect of that toll zone".

6. New section 80A inserted

After section 80 of the Principal Act insert—

"80A. Toll administration infringement notice

(1) If an enforcement officer has reason to

believe that a relevant agency (other than the
enforcement agency) has committed an
offence against section 90A(2) or 92(1) or
(3), he or she may cause an infringement

notice to be served on that relevant agency.

(2) An infringement notice issued under this

section must be served by sending it by post

addressed to the relevant agency.".

7. Prescribed penalty

(1) In section 82 of the Principal Act, for "this Part"

substitute "section 80".

(2) At the end of section 82 of the Principal Act

insert—

"(2) The prescribed penalty for an offence for

which an infringement notice is issued under

section 80A is $2000.".

8. Amendment of section 86

(1) For section 86(1) of the Principal Act

substitute—

"(1) The procedure set out in Schedule 7 to the

Magistrates' Court Act 1989 may be used

Melbourne City Link (Amendment) Act 2000

s. 9 Act No. 4/2000

instead of commencing a proceeding

against—

(a)	a person for an offence against section 73(1) of this Act; or
(b)	a relevant agency (other than the enforcement agency) for an offence against section 90A(2) or 92(1) or (3) of this Act.".

(2) In section 86(3)(b) of the Principal Act, for

"against section 73(1) of this Act" substitute

"referred to in sub-section (1)".

9. Amendment of section 89

In section 89(4)(a) of the Principal Act, after
"Part" insert "in respect of a specified toll zone".

10.  Proper records to be maintained by relevant corporation

For section 92(1) of the Principal Act
substitute—

"(1) A relevant corporation must keep records

that correctly record or enable it to be

determined or calculated—

(a) whether or not the relevant corporation has registered a vehicle under section 73A and, if it has so registered a vehicle—

(i) the period of that registration;

(ii)  the toll zone or zones in respect of which the vehicle is registered;

(iii) accordance with section 73C, the
conditions of use notified to the

in the case of registration in and the manner in which those

Melbourne City Link (Amendment) Act 2000

Act No. 4/2000 s. 11

conditions were notified to that

person;

(b)	whether, and if so what, information has been given under section 73D(1) to a person who sought registration of a vehicle;
(c)	any cancellation or suspension by the relevant corporation of a registration and the date and time on which that
cancellation or suspension came into operation;
(d)

whether or not an agreement referred to between the relevant corporation and a person and, if so, the period for which that agreement had or has force and the terms of that agreement;

(e)	any toll, fee or charge that has been paid, or that is due, to the relevant corporation under this Part and any amount that stands to the credit of a person in respect of any vehicle registered under this Part;
(f)	whether or not a vehicle is exempted under section 73(5) from the requirement to be registered under this Part and any conditions of that exemption.

Penalty: 100 penalty units.".

11. Amendment of section 116

In section 116(1) of the Principal Act, after paragraph (b) insert—

Melbourne City Link (Amendment) Act 2000

s. 11	Act No. 4/2000
"; or

(c) a person authorised by the Minister under sub-section (1A).

(1A) The Minister may authorise a person to bring

proceedings for an offence against Part 4 or

regulations under that Part.".

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Melbourne City Link (Amendment) Act 2000

Act No. 4/2000 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 16 December 1999

Legislative Council: 15 March 2000

The long title for the Bill for this Act was "to amend the Melbourne City
Link Act 1995 and for other purposes."