Untitled document

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2
3.	Principal Act	2

PART 2—AMENDMENTS TO THE PRINCIPAL ACT 3

4.	Definitions	3
5.	Delegation and sub-delegation	5
6.	Customer service site	5
7.	New section 27A inserted	6

27A.	Further revocation of part of Melbourne and Olympic
Parks reservation 6

8.	Leasing powers	7
9.	New section 60A inserted	7
60A. Interim operation	7
10.	New section 61 substituted	8

61. Declaration of Link road 8

11.	Road operation and management powers	9
12.	Definitions—Part 4	9
13.	New section 69A inserted	10

69A. Declaration as to relevant corporations 10

14.	Fixing of tolls	11
15.	New sections 73 to 73E substituted	12

73.	Offence to drive unregistered vehicle in toll zone	12
73A.	Registration of vehicles	13
73B.	On-going registration	14
73C.	Temporary registration	14
73D.	Information to be given in relation to registration	15
73E.	Cancellation or suspension of registration	16

16. New section 75 substituted 18

75. Offence to fraudulently induce registration 18

17.	Minor amendments concerning sentencing order	18
18.	Process for enforcement of unpaid toll	19
19.	Changes concerning infringement notices	20

i

Section Page

20.	Prescribed penalty	21
21.	New section 86 substituted	21

86. Application of PERIN procedure 21

22.	Clarification of effect of certain documents	22
23.	New section 88 substituted	24

88. Proof that vehicle driven in toll zone 24

24.	Minor and consequential amendments	24
25.	New Division 3 inserted in Part 4	25
Division 3—Restrictions on the Disclosure and Use of
Certain Information	25

90.	Meaning of "restricted tolling information"	25
90A.	Tolling information not to be disclosed or used except
in specified circumstances	26
90B.	Disclosure and use of information to and by police	28
90C.	Records of disclosure and use by the police	30
90D.	Disclosure or use for purposes of court orders etc.	31
90E.	Records of disclosure or use of restricted tolling
information to be kept	31
90F.	Application of Division to enforcement agency	33
91.	Roads Corporation can disclose certain information	34

26.	Inspection of records	34
27.	Leasing powers	35
28.	New section 93GA inserted	35
93GA. Interim operation	35
29.	New section 93H substituted	36

93H. Declaration of Extension road 36

30.	New sections 114A and 114B inserted	36
114A. Removal of stationary vehicles	36
114B. Removal of abandoned property	38
31.	Regulations	38
32.	Insertion of Division headings	39
33.	Amendment of Schedule 4	39

PART 3—AMENDMENTS TO THE OMBUDSMAN ACT 1973 41

34.	Definition	41
35.	Ombudsman to have additional functions	41
36.	New Division 3A inserted in Part IV	42
Division 3A—Investigations under Melbourne City Link
Act 1995	42
22A. Definitions	42

22B.	Powers in relation to toll reviews and investigations	42
22C.	Police must provide reasonable assistance	43

37. New section 25A inserted 44

ii

Section Page

25A. Reports about tolling information review 44

PART 4—AMENDMENTS TO THE TRANSPORT ACT 1983 45

38.	Transport Act 1983	45
39.	Widening of grounds for issuing of towing licences	45
40.	Amendment concerning tow truck drivers	47
41.	New section 183C inserted	48
183C. Offence to tow vehicle from certain depots without

authorisation 48

PART 5—AMENDMENTS TO OTHER ACTS 49

42.	Amendment of Impounding of Livestock Act 1994	49
43.	New section 13A inserted in Impounding of Livestock Act
1994	49

13A. Duties of person authorised by relevant corporation 49

44.	Amendment of Magistrates' Court Act 1989	49
45.	New section 9AA inserted in Road Transport (Dangerous
Goods) Act 1995	50
9AA. Competent Authority may determine routes, etc. for

dangerous goods 50

═══════════════

NOTES 52

iii

Victoria

No. 102 of 1998

Melbourne City Link (Amendment) Act

1998†

[Assented to 1 December 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are to amend the

Melbourne City Link Act 1995—

(a) to facilitate the administration and enforcement of the tolling provisions of that Act; and

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 2

(b)	to make further provision in relation to the privacy of information collected in relation to tolling; and
(c)	to provide for certain powers in relation to the operation of the Link road and the Extension road; and
(d)	to provide for certain powers in relation to particular land in the Project area.

2. Commencement

(1) This Act (except section 18(2) and (5)) comes into

operation on the day on which it receives the
Royal Assent.

(2) Subject to sub-section (3), section 18(2) and (5)
come into operation on a day to be proclaimed.

(3) If the provisions referred to in sub-section (2) do

not come into operation before 31 December
2000, they come into operation on that day.

3. Principal Act

In this Act, the Melbourne City Link Act 1995 is	No. 107/1995. Reprint No. 2
called the Principal Act.	as at 2 June 1998.

_______________
Melbourne City Link (Amendment) Act 1998

s. 4 Act No. 102/1998

PART 2—AMENDMENTS TO THE PRINCIPAL ACT

4. Definitions

In section 3 of the Principal Act—

(a) insert the following definitions—
' "authorised police officer" means the

Chief Commissioner of Police and any member of the police force of the rank of inspector or above who is appointed by the Chief Commissioner to be an

authorised police officer for the purposes of Division 3 of Part 4;

"Customer service site" means the land

shown hatched on sheets 1 and 2 of the
plan numbered LEGL./98-74 and
lodged in the Central Plan Office but
does not include any part of that land
which is part of the Link road;

"licence plate number", in relation to a

vehicle, means the registration number of the vehicle assigned by the relevant vehicle registration authority;

"Link operator" means the person who, for

the time being, is the Link operator
under section 11;

"relevant corporation"—

(a) for the purposes of Part 4 (except sections 70 and 71)—

(i) or the Extension road, means
the Link Corporation if no

in relation to the Link road is in effect; and

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 4

(ii) 69A(1) has taken effect and
no notice under section

if a notice under section (A) in relation to the Link

road, means the Link

corporation; and

(B) in relation to the

Extension road, means
the Extension

corporation; and

(b) for the purposes of the rest of this Act (including sections 70 and 71)—

(i)  in relation to the Link road, means the Link corporation; and

(ii)  in relation to the Extension road, means the Extension corporation;

"restricted tolling information" has the meaning given by section 90;';

(b)

for the definition of "enforcement agency" ' "enforcement agency" means the Chief

Commissioner of Police or, if another person is prescribed by the regulations to be the enforcement agency with
respect to all or any part of the
enforcement agency's functions, that
other person in respect of those
functions;';

Melbourne City Link (Amendment) Act 1998

s. 5 Act No. 102/1998

(c)

for the definition of "Extension road" ' "Extension road" means land declared

under section 93H to be a road and

includes any part of that land;';

(d)

for the definition of "Link road" ' "Link road" means land declared under

section 61 to be a road and includes any

part of that land;';

(e) for the definition of "toll zone" substitute— ' "toll zone" means a toll zone specified

under section 71(1)(a);'.

5. Delegation and sub-delegation

(1) In section 12(1) of the Principal Act, after

paragraph (c) insert—

"(d) any of its powers and functions under section

183B(4) of the Transport Act 1983.".

(2) In section 12 (1A) of the Principal Act, after

paragraph (c) insert—

"(d) any of the Extension corporation's powers

and functions under section 183B(4) of the
Transport Act 1983, which have been
delegated by the Extension corporation to the
Link corporation.".

(3) In section 12C(1) of the Principal Act, after

paragraph (e) insert—
"(f) any of its powers and functions under section

183B(4) of the Transport Act 1983.".

6. Customer service site

(1) In section 23(2) of the Principal Act, after "site"

insert "or the Customer service site".
Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 7

(2) After section 64(3) of the Principal Act insert—

"(4) Despite sub-sections (2) and (3), the

Building Act 1993 applies to and in relation to the Link control site and the Customer service site.".

(3) In section 96(4) of the Principal Act, after "Link

control site" insert "and the Customer service
site".

7. New section 27A inserted

After section 27 of the Principal Act insert—

"27A. Further revocation of part of Melbourne and Olympic Parks reservation

(1) The Order in Council specified in item 2 of Schedule 4 is revoked in so far as it applies to the stratum of land shown on the plan

numbered LEGL./98-76 and lodged in the

Central Plan Office.

(2) Despite anything to the contrary in the

Melbourne and Olympic Parks Act 1985 and the Crown Land (Reserves) Act 1978, on the revocation of the Order in Council

specified in item 2 of Schedule 4 in so far as it relates to the stratum of land shown on the plan referred to in sub-section (1)—

(a) land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions,

the land is deemed to be unalienated and

(b) the appointment of the Melbourne and Olympic Parks Trust to manage Olympic Park is revoked to the extent that it applies to the land; and

Melbourne City Link (Amendment) Act 1998

s. 8 Act No. 102/1998

(c)	any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land; and
(d)	the land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project, and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act.".

8. Leasing powers

In section 60 of the Principal Act, sub-section (3) is repealed.

9. New section 60A inserted

After section 60 of the Principal Act insert—

"60A. Interim operation

(1) Subject to this section, if a temporary

reservation of licensed land is revoked under

section 59—

(a) this Act applies to that land as if any reference in this Act to leased land or land leased under section 60 included a

reference to that land; and

(b)	section 62 applies to that land as if any reference in that section to the grant of a lease under section 60 were a
reference to the revocation under section 59 of the reservation in respect of that land.

(2) The Minister may by Order published in the Government Gazette declare that this section no longer applies to certain land.

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 10

(3) This section ceases to apply to land—

(a)	on the grant of a lease of that land under section 60; or
(b)	on the publication of an Order under sub-section (2) in respect of the land—

whichever is the earlier.".

10. New section 61 substituted

For section 61 of the Principal Act substitute—

"61. Declaration of Link road

(1) The Minister may from time to time declare

any part of the following land to be a road—

(a) any land leased under section 60; or

(b) any land which was licensed land but in respect of which the licence has terminated.

(2) A declaration under sub-section (1) must

state whether the road or any part of the road
is to be treated as a freeway or a State
highway.

(3) The Minister must cause a notice of a
declaration under sub-section (1) to be

published in the Government Gazette.

(4) On the publication of a notice of a

declaration under sub-section (3), the road
specified in the declaration is deemed to

be—

(a)	a declared road within the meaning of the Transport Act 1983; and
(b)	a road open to and for use by the public for passage with vehicles; and

Melbourne City Link (Amendment) Act 1998

s. 11 Act No. 102/1998

(c) a highway within the meaning of the Road Safety Act 1986.

(5) This section does not affect the grant or

operation of a lease despite anything to the
contrary in Schedule 5 of the Transport Act
1983.".

11. Road operation and management powers

In section 62 of the Principal Act, for sub-section
(2) substitute—

'(2) In this section "road operation and

management powers" means—

(a)	if by a declaration under section 61 the land is to be treated as a freeway, powers relating to the operation and maintenance of, and traffic management of a kind applicable to, a freeway, including those powers which apply to a freeway by virtue of the fact that it is a declared road; and
(b)	if by a declaration under section 61 the land is to be treated as a State highway, powers relating to the operation and
management of a kind applicable to, a

maintenance of, and traffic which apply to a State highway by virtue of the fact that it is a declared road.'.

12. Definitions—Part 4

In section 69 of the Principal Act, insert the
following definitions—

' "business day" means a day that is not—

(a) a Saturday or a Sunday; or

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 13

(b) a day that is appointed as a public holiday or public half-holiday throughout the whole of Victoria under the Public Holidays Act 1993;

"day" means the period between midnight of 2 successive days;

"relevant agency" means—

(a) the Link corporation; or
(b) the Link operator; or
(c) the Extension corporation; or
(d) the Extension operator; or
(e) the enforcement agency;

"start-up period" means the prescribed period commencing on the prescribed date;

"trip" means the driving of a vehicle in one

direction in one toll zone or more than one
toll zones, uninterrupted by exit from the
road on which the zone is or zones are and
subsequent re-entry to that road,
disregarding travel directly between the
southern link and the western link as referred
to in section 6.'.

13. New section 69A inserted

After section 69 of the Principal Act insert—
"69A. Declaration as to relevant corporations

(1) The Link corporation or the Extension corporation, by notice published in the Government Gazette, may declare that for

the purposes of the whole of this Part—

(a) the Link corporation is to be the relevant corporation in relation to the Link road; and

Melbourne City Link (Amendment) Act 1998

s. 14 Act No. 102/1998

(b) the Extension corporation is to be the relevant corporation in relation to the Extension road.

(2) At any time after the publication of a notice under sub-section (1), the Link Corporation and the Extension Corporation, by notice

published in the Government Gazette, may jointly declare that for the purposes of this Part (except sections 70 and 71) the Link
corporation is to be the relevant corporation
in relation to both the Link road and the

Extension road.

(3) A notice under sub-section (1) or (2) takes

effect one month after the day on which it is published in the Government Gazette or, if a later day is specified in the notice, on that

later day.".

14. Fixing of tolls

(1) In section 70 of the Principal Act—

(a)	for "Link corporation" substitute "relevant corporation";
(b)	after "Agreement" insert "or the Extension Agreement (as the case requires)".

(2) In section 71(1) of the Principal Act—

(a)	for "Link corporation" substitute "relevant corporation in accordance with this Act and the Agreement or the Extension Agreement (as the case requires)";
(b)	in paragraph (a), after "the Link road" insert "or the Extension road".

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 15

(3) In section 71(4) of the Principal Act, after

"Agreement" insert "or the Extension Agreement

(as the case requires)".

15. New sections 73 to 73E substituted

For section 73 of the Principal Act substitute—

"73. Offence to drive unregistered vehicle in toll

zone

(1) A person must not drive a vehicle in a toll zone unless the vehicle is registered under this Part by the relevant corporation at that time.

Penalty: 5 penalty units.

(2) If during the course of a trip a person

commits an offence against sub-section (1),
the person is guilty of only one offence
against that sub-section, regardless of how
many toll zones the person drives in during
the course of that trip.

(3) In a proceeding for an offence against sub- section (1), it is a defence to the charge for the driver to prove that he or she believed on

reasonable grounds, at the time the offence is
alleged to have been committed, that the
vehicle was registered under this Part by the
relevant corporation.

(4) Despite anything to the contrary in this or any other Act—

(a)	only one criminal proceeding may be commenced in respect of an offence constituted by the driving of any one vehicle in a toll zone on any one day; and
(b)	only one infringement notice may be issued in respect of an offence

Melbourne City Link (Amendment) Act 1998

s. 15	Act No. 102/1998
constituted by the driving of any one vehicle in a toll zone on any one day—

regardless of how many toll zones the
vehicle is driven in during the course of that
day and how many trips the vehicle makes
during the course of that day and how many
different people drive the vehicle during the
course of that day.

(5) Sub-section (1) does not apply in respect of a

vehicle if it is exempted, in accordance with
the regulations, from the requirement to be
registered under this Part.

(6) Sub-section (1) does not apply in respect of a

vehicle that under the regulations is exempt
from the payment of tolls.

73A. Registration of vehicles

(1) A relevant corporation must establish and maintain a register of vehicles.

(2) A relevant corporation may register a

vehicle—

(a) for a specified period; or

(b) until the happening of a specified event; or

(c) for an unlimited period.

(3) A person may seek the registration under this Part of a vehicle or more than one vehicle by application made to the relevant corporation in writing or orally or partly in writing and

partly orally.

(4) A relevant corporation may, in accordance

with this Part, cancel or suspend the
registration of a vehicle.

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 15

73B. On-going registration

(1) Without limiting its discretion otherwise to do so, a relevant corporation may refuse to register a vehicle unless the vehicle is the

subject of an agreement that is wholly or
partly in writing between the relevant
corporation and the person seeking
registration.

(2) Without limiting the matters about which an agreement referred to in sub-section (1) may provide, it may—

(a)	be expressed as having force for a specified period or until the happening of a specified event or for an unlimited period; and
(b)

contain specified terms including followed to settle disputes that arise under the agreement; and

(c) specify the circumstances in which, and procedure by which, the agreement, or the registration under this Part of a vehicle that is the subject of the agreement, may be cancelled or suspended.

(3) The agreement by a relevant corporation to

register a vehicle under this Part is sufficient
consideration on the part of the relevant
corporation for an agreement referred to in
sub-section (1).

73C. Temporary registration

(1) A relevant corporation may register a vehicle

for a specified period of up to 27 hours
without an agreement of a kind referred to in

Melbourne City Link (Amendment) Act 1998

s. 15 Act No. 102/1998

section 73B(1) being in force in respect of

the vehicle.

(2) Registration in accordance with this

section—

(a)	may be granted subject to conditions of use notified to the person seeking the registration either orally or in writing or partly orally and partly in writing;
(b)	if sought before noon on a particular day, may be back-dated to a time not earlier than the beginning of the

immediately preceding day.

(3) The agreement by a relevant corporation to

register a vehicle under this Part is sufficient
consideration on the part of the relevant
corporation for an arrangement entered into
in accordance with this section.

73D. Information to be given in relation to

registration

(1) If a relevant corporation agrees to register a

vehicle under this Part, it must give the
following information to the person who
sought the registration—

(a)	confirmation that the vehicle has been, or will be at a specified time, registered;
(b)	the licence plate number of the vehicle as stated to the relevant corporation by that person;
(c)

an identifying number, or combination registration;

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 15

(d)	except in the case of a registration in accordance with section 73C, the conditions of use, if any;
(e)	accordance with section 73C,

except in the case of a registration in may be cancelled or suspended;

(f)

in the case of a registration in period to which the registration applies.

(2) The information referred to in sub-section (1) is required to be given—

(a)	orally or in writing, in the case of information referred to in paragraph (a), (b), (c) or (f) of that sub-section; and
(b)	in writing, in the case of any other information.

(3) The relevant corporation must give any

information referred to in sub-section (1) that
it has not given to the person seeking
registration before registering a vehicle to
that person—

(a)	as soon as is practicable after registering the vehicle; and
(b)
Penalty: 100 penalty units.	in the case of information required to containing that information to that person by post to an address nominated by that person within 5 business days after the date the registration is effected.

73E. Cancellation or suspension of registration

Melbourne City Link (Amendment) Act 1998

s. 15 Act No. 102/1998

(1) If a relevant corporation cancels or suspends the registration under this Part of a vehicle, it must do so—

(a)	by any method stated for that purpose in an agreement relating to the vehicle; or
(b)	by giving notice of the cancellation or suspension in one of the following ways—

(i)

by personal service of written the registration;

(ii)  by personal service of written notice at the last address given to the relevant corporation by the person who sought the registration on a person who appears to be at least 16 years of age;

(iii) address given to the relevant

by written notice posted to the last sought the registration;

(iv) address of the owner of the

by written notice posted to the applies;

(v)

if the person who sought the (A) by personal service of

written notice at the
registered office of the
corporation on a person who
appears to be at least 16
years of age; or

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 16

(B) by written notice posted to the registered office of the corporation.

(2) A person is deemed to have been given a notice of cancellation or suspension—

(a)	under sub-section (1)(b)(ii) on the next business day after the notice was served; or
(b)	under sub-section (1)(b)(iii), (iv) or (v)(B) on the third business day after the envelope containing the notice was posted; or
(c)	under sub-section (1)(b)(v)(A) on the day the notice was served.".

16. New section 75 substituted

For section 75 of the Principal Act substitute—

"75. Offence to fraudulently induce registration

A person must not by fraudulent or collusive
means, or by false representation, induce a
relevant corporation to register a vehicle
under this Part.

Penalty: 10 penalty units.".

17. Minor amendments concerning sentencing order

(1) In section 76(1) of the Principal Act—

(a)	for "Link corporation" substitute "relevant corporation";
(b)	ending at the end of the sub-section

for the expression beginning "amount" and if any".

(2) In section 76(2) of the Principal Act, for "Link
corporation" substitute "relevant corporation".

Melbourne City Link (Amendment) Act 1998

s. 18 Act No. 102/1998

18. Process for enforcement of unpaid toll

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

(a)	for "Link corporation" (wherever occurring) substitute "relevant corporation";
(b)	for "toll charged under this Part has not been paid in respect of the use of a vehicle on a toll zone" substitute "vehicle that is not registered under this Part has been driven in a toll zone in contravention of this Part";
(c)	for "non-payment" (where first occurring) substitute "belief";
(d)	for paragraph (a) substitute— "(a) to send a notice of the requirement to

be registered under this Part to the

owner of the vehicle concerned; or";

(e)	in paragraph (b) for "that person" substitute "the owner of the vehicle involved in the offence";
(f)	in paragraph (c), for "non-payment" substitute "offence".

(2) In section 77(1) of the Principal Act, paragraph (a) is repealed.

(3) In section 77(2) of the Principal Act—

(a)	for "Link corporation" substitute "relevant corporation";
(b)	for "the non-payment of a toll" substitute "an offence under this Part".

(4) In section 78(1) of the Principal Act—

(a)	for "the Link corporation" substitute "a relevant corporation";
(b)	for "person who appears to the enforcement agency to be liable to pay the toll" substitute

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 19

"owner of the vehicle to which the request

relates";

(c) for paragraphs (a) and (b) substitute— "(a) requesting payment of the toll payable

in respect of the use of the vehicle in

the toll zone; and

(b) notifying the owner of the requirement for the vehicle to be registered under this Part.".

(5) Section 78(1) of the Principal Act is repealed.

(6) In section 78(2) of the Principal Act—

(a)	for "relating to payment of a toll" substitute "set out in an agreement referred to in section 73B(1) or established by the relevant corporation relating to the registration, or non-registration, at a particular time of a vehicle under this Part";
(b)	for "non-payment of that toll" substitute "non-registration of the vehicle at that time".

19. Changes concerning infringement notices

(1) In section 80 of the Principal Act—

(a)	in sub-section (1), for "serve an infringement notice" substitute "cause an infringement notice to be served";
(b)

in sub-section (2), for paragraph (b) "(b) by sending the notice by post addressed

to—

(i)  the owner of the vehicle involved in the offence; or

Melbourne City Link (Amendment) Act 1998

s. 20 Act No. 102/1998

(ii) in a statement or declaration

the driver of that vehicle as shown section 87(3)(a).".

(2) In section 80 of the Principal Act, after sub-

section (2) insert—
"(3) An enforcement officer may cause to be

served together with an infringement notice a
notice containing information about the
requirements arising under this Act in
relation to the use of a vehicle in a toll

zone.".

(3) In section 81 of the Principal Act—

(a) paragraph (c) is repealed;
(b) in paragraph (d)—

(i)  omit "and that toll and those prescribed costs";

(ii) omit ", toll and costs".

20. Prescribed penalty

In section 82 of the Principal Act, for "1 penalty unit." substitute—

"—

(a)	in the case of an offence committed during the start-up period, the prescribed amount not exceeding $100; and
(b)	in the case of an offence committed after the start-up period, $100.".

21. New section 86 substituted

For section 86 of the Principal Act substitute—

"86. Application of PERIN procedure

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

Magistrates' Court Act 1989 may be used

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 22

instead of commencing a proceeding against a person for an offence against section 73(1).

(2) The Magistrates' Court Act 1989, as

modified by sub-section (3), applies for the

purposes of sub-section (1).

(3) The Magistrates' Court Act 1989 applies as

if—

(a)	an infringement notice under this Part were an infringement notice within the meaning of Schedule 7 to that Act;
(b)	an offence against section 73(1) of this Act were a prescribed offence within the meaning of that Schedule;
(c)	the prescribed penalty for the offence stated in the infringement notice were the infringement penalty for the

purposes of that Schedule.".

22. Clarification of effect of certain documents

(1) In the Principal Act—

(a) in section 87—

(i)  in sub-section (1), for "If an offence under section 73 is detected by a prescribed tolling device," substitute "If a vehicle is driven in a toll zone contrary to section 73(1),";

(ii)  in sub-section (2), for "and, if applicable, the toll and prescribed costs are paid and have" substitute "is paid and has";

(b) in section 89(1), (2) and (3), for "evidence" substitute "admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof";

Melbourne City Link (Amendment) Act 1998

s. 22 Act No. 102/1998

(c) in section 89(2), after "registered" insert "under the Road Safety Act 1986".

(2) For section 89(4) of the Principal Act

substitute—

"(4) A certificate in the prescribed form

purporting to be issued by a relevant
corporation, or a person authorised by a

relevant corporation, certifying—

(a)	that a specified vehicle was, or was not, registered under this Part at a specified time; or
(b)	that the relevant corporation was, or was not, a party to an agreement relating to the use of a specified vehicle in a toll zone at a specified time; or
(c)	that an agreement between a person and the relevant corporation relating to the use of a specified vehicle in a toll zone—

(i)  existed, or did not exist, at a specified time; or

(ii)  contained, or did not contain, specified terms; or

(d)	that a prescribed tolling device was used in the prescribed manner; or
(e)	that an image or message was produced by a prescribed process; or
(f)	as to any other matter that appears in, or that can be determined or calculated from, the records kept by the relevant corporation—

is admissible in evidence in any proceedings
and, in the absence of evidence to the

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 23

contrary, is proof of the matters stated in the

certificate.".

23. New section 88 substituted

For section 88 of the Principal Act substitute—
"88. Proof that vehicle driven in toll zone

Without prejudice to any other method of proving the relevant fact, if the fact that a vehicle was driven in a toll zone is relevant

in proceedings for an offence against section 73(1) or for the recovery of a debt, evidence of that fact as indicated or determined by—

(a)	a prescribed tolling device that was used in the prescribed manner; or
(b)	an image or message produced by a prescribed process—

is admissible in evidence in any proceedings
and, in the absence of evidence to the

contrary, is proof of the fact.".

24. Minor and consequential amendments

In the Principal Act—

(a)	in sections 12(1A)(b) and 12C(1)(d), for "section 93J" substitute "Part 4";
(b)	in sections 70, 72(1), (2) and (3) and 118(1)(b), for "on a toll zone" substitute "in a toll zone";
(c)

in section 72, for "Link corporation" corporation";

(d) in section 83(3), omit "and any toll or costs";

(e) in section 84(1), omit "and the amount of the toll and prescribed costs";

Melbourne City Link (Amendment) Act 1998

s. 25 Act No. 102/1998

(f)	in section 84, sub-sections (3) and (4) are repealed;
(g)	in section 85(1)(a), omit "and the toll and prescribed costs";
(h)	in section 85(2), omit "and the toll and prescribed costs";

(i)  in sections 92(1) and 93(1), for "The Link corporation" substitute "A relevant corporation";

(j) section 93J is repealed.
25. New Division 3 inserted in Part 4

For sections 90 and 91 of the Principal Act substitute—

'Division 3—Restrictions on the Disclosure and

Use of Certain Information

90.

Meaning of "restricted tolling information" information" means any information obtained from the records prepared by, or for, a relevant agency in 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 in relation to—

(a) any of the following details concerning a toll zone—

(i)  the payment or non-payment by any particular person of a toll;

(ii)  the name and address of any person using the toll zone;

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 25

(iii)  the licence plate number of any vehicle using the toll zone or registered under this Part;

(iv) vehicle registration authority, or

the registration by a relevant using the toll zone;

(v)  any other identifying information in relation to the use of a vehicle in the toll zone or to any person using the toll zone;

(b)	whether or not a relevant corporation has registered a vehicle under this Part;
(c)	the name of, address of, or any other identifying information in relation to, a person who sought the registration of a vehicle under this Part;
(d)	any information concerning any amount that has been paid, or that is due, or that stands to the credit of a person, in
respect of any registration of a vehicle under this Part;
(e)	any other information of a personal nature or that has commercial sensitivity for the person about whom it is kept;
(f)	any information relating to any other matter of a class specified by the regulations for the purposes of this section.

90A. Tolling information not to be disclosed or used except in specified circumstances

(1) This section applies to—

(a) a relevant agency; and
Melbourne City Link (Amendment) Act 1998

s. 25 Act No. 102/1998

(b)	any person who is or was employed by, or who is or was engaged to provide services for, a relevant agency; and
(c)	a person who is or was employed by, or who is or was engaged to provide services for, a person who is or was employed by, or who is or was engaged to provide services for, a relevant agency; and
(d)	restricted tolling information

any person who possesses any person obtained possession of the information).

(2) A person to whom this section applies must

not disclose or use restricted tolling
information unless the disclosure or use—

(a)	is reasonably necessary to enable the collection of tolls, or the taking of enforcement action, under this Act; or
(b)	is made with the consent of the person to whom the information relates; or
(c)	is made at the direction of the Minister; or
(d)	is made in circumstances in which the person believes on reasonable grounds that the disclosure or use is necessary to
prevent or lessen a serious and imminent threat to the life or health of one or more people; or
(e)	is made to, or by, a person authorised by the Minister under section 92(2) for the purposes of an inspection by that person under that section; or

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 25

(f)	is made to, or by, the Ombudsman to enable the Ombudsman to fulfil her or his duties; or
(g)

involves information of a class purposes of this section; or

(h) is made during the course of legal proceedings; or

(i)  is authorised by section 90B or 90D or is otherwise authorised by this Act or any other law.

Penalty: 100 penalty units.

(3) In addition, a relevant agency may 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.

(4) The Minister must not, under sub-section (2)(c), direct the disclosure or use of any information that contains details that are likely to lead to the identification of the person to whom the information relates.

90B. Disclosure and use of information to and by

police

(1) In this section—

"enforcement of the criminal law" means any activity in relation to—

(a) investigating or prosecuting an
indictable offence;

Melbourne City Link (Amendment) Act 1998

s. 25 Act No. 102/1998

(b)	investigating whether an indictable offence has been committed;
(c)	investigating or monitoring any person who is reasonably suspected of planning to commit, being in the process of committing, or having committed, an indictable offence;
(d)	detecting, or preventing, the commission of indictable offences;
(e)	any other enforcement activity that relates to indictable offences;

"indictable offence" includes any offence committed outside Victoria that would have been an indictable offence if

committed in Victoria.

(2) A person to whom section 90A applies may

disclose restricted tolling information to a
member of the police force if an authorised
police officer has certified in writing that the
disclosure is reasonably necessary for the
enforcement of the criminal law.

(3) If information is disclosed to a member of

the police force under sub-section (2), she or he must not use that information, or disclose the information to any other person, unless—

(a)	she or he believes the use or disclosure is reasonably necessary for the enforcement of the criminal law; or
(b)	the use or disclosure is otherwise authorised under this Division.

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 25

(4) A certificate under sub-section (2) may be

given in an electronic form (for example,
electronic mail).

90C. Records of disclosure and use by the police

(1) The Chief Commissioner of Police must ensure that there are created in relation to—

(a)	certificates that are issued by authorised police officers for the purposes of section 90B; and
(b)	the disclosure or use of restricted tolling information by members of the police force—

any records that are reasonably required by the Ombudsman, after consultation with the Chief Commissioner, to enable the

Ombudsman to carry out the Ombudsman's functions in relation to this Division.

(2) The Chief Commissioner of Police 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 Chief

Commissioner of Police; and

(b) that any record created under this section is retained in the records of the police force for a period of 2 years (or

Melbourne City Link (Amendment) Act 1998

s. 25	Act No. 102/1998
any other period specified by the regulations for the purposes of this section) after the date the record was made.

(3) This section does not apply to the disclosure

or use of restricted tolling information by
members of the police force for the purpose
of taking enforcement action under this Act.

90D. Disclosure or use for purposes of court

orders etc.

(1) A person to whom section 90A applies may

disclose restricted tolling information to a
court, the sheriff, a person or body acting on
behalf of the State of Victoria or a law
enforcement agency to enable the court,
sheriff, person, body or agency to make,
enforce or execute a court order or judgment
in relation to an offence against this Part or a
liability arising under this Part.

(2) If information is disclosed under sub-section (1), the court, sheriff, person, body or agency may disclose or use that information to

make, enforce or execute any court order or
judgment (even if the order or judgment does
not relate to an offence against this Part or a
liability arising under this Part).

90E. Records of disclosure or use of restricted tolling information to be kept

(1) A relevant agency—

(a) each disclosure or use of restricted

must record the following details of agency makes—

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998	s. 25
(i)

the name of the person who and

(ii)  the date the disclosure or use was made; and

(iii)  in the case of a disclosure of the information, the person or body to whom the disclosure was made; and

(iv)  in the case of a use of the information, a brief description of how the information was used; and

(v)

the authority (for example, the which the disclosure or use was made; and

(vi) disclosure or use was made
involved a document (for
example, a warrant, certificate of

if the authority under which the consent), a copy of that document; and

(b) must make the record as soon as is practicable, and in any case not later than 5 business days after, the disclosure or use occurs; and

(c) must retain the record—

(i)  in a form that enables the record to be readily inspected; and

(ii)  for a period of 2 years (or any other period specified by the regulations for the purposes of this

Melbourne City Link (Amendment) Act 1998

s. 25 Act No. 102/1998

section) after the date the record

was made.

Penalty: 100 penalty units.

(2) Sub-section (1) does not apply to any of the

following—

(a)	any disclosure or use that is reasonably necessary to enable the collection of tolls, the registration of a vehicle under this Part or the taking of enforcement action, under this Act;
(b)	tolling information by a relevant agency for the purpose of performing its obligations, exercising its rights or carrying out its functions under this Act, the regulations, the Transport Act

any disclosure or use of restricted the Agreement or the Extension Agreement;

(c) any disclosure or use that is made under section 90D.

(3) A relevant agency must not, in purporting to

comply with this section, make any record, or any entry in any record, that the agency knows is false or misleading.

Penalty: 100 penalty units.

90F. Application of Division to enforcement

agency

(1) Despite anything to the contrary in this

Division, it does not operate to create an offence with respect to any conduct engaged in by a person who is a member of the force

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 26

within the meaning of the Police Regulation
Act 1958.

(2) Nothing in sub-section (1) prevents conduct,

which would have constituted an offence
against this Division if the person who
engaged in it had not been a member of the
force at the time of engaging in it, from
constituting a breach of discipline within the
meaning of the Police Regulation Act 1958.

91.  Roads Corporation can disclose certain information

(1) Despite anything to the contrary in section 92(2) of the Road Safety Act 1986, the Roads Corporation or a relevant person within the meaning of that section may disclose information about the registration

under that Act or ownership of any vehicle

for the purposes of this Part—

(a) to the enforcement agency; or

(b) to a person who is employed by, or who is engaged to provide services for, the Roads Corporation, relevant person or the enforcement agency.

(2) The Roads Corporation or a relevant person

may disclose the information even if it has
not entered into a confidentiality agreement
under section 92 of the Road Safety Act
1986 with the enforcement agency or
person.'.

26. Inspection of records

(1) In section 92 of the Principal Act, for sub-section

(2) substitute—
"(2) A person authorised by the Minister may

enter the offices of a relevant agency during ordinary business hours to inspect its records

Melbourne City Link (Amendment) Act 1998

s. 27 Act No. 102/1998

required by, or created for the purposes of,

this Part.".

(2) In section 92(3) of the Principal Act, for "The

Link corporation" substitute "A relevant agency".

27. Leasing powers

In section 93G of the Principal Act, sub-section

(3) is repealed.

28. New section 93GA inserted

After section 93G of the Principal Act insert—

"93GA. Interim operation

(1) The Minister may by Order published in the Government Gazette declare that this section applies to land in the Extension Project area specified in the Order.

(2) On the publication of an Order under sub- section (1) in respect of any land—

(a) this Act applies to that land as if any reference in this Act to leased land or land leased under section 93G included

a reference to that land; and

(b)	section 93I applies to that land as if any reference in that section to the grant of a lease under section 93G were a
reference to the making of an Order under sub-section (1) in respect of that land.

(3) The Minister may by Order published in the Government Gazette declare that this section no longer applies to certain land.

(4) This section ceases to apply to land—

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 29

(a)	on the grant of a lease of that land under section 93G; or
(b)	on the publication of an Order under sub-section (2) in respect of the land—

whichever is the earlier.".

29. New section 93H substituted

For section 93H of the Principal Act substitute—

"93H. Declaration of Extension road

(1) The Minister may from time to time declare any part of the land in the Extension Project area to be a road.

(2) The Minister must cause a notice of a
declaration under sub-section (1) to be

published in the Government Gazette.

(3) On the publication of a notice of a

declaration under sub-section (2), the road
specified in the declaration is deemed to

be—

(a)	a declared road within the meaning of the Transport Act 1983; and
(b)	a road open to and for use by the public for passage with vehicles; and
(c)	a highway within the meaning of the Road Safety Act 1986.

(4) This section does not affect the grant or

operation of a lease despite anything to the
contrary in Schedule 5 of the Transport Act
1983.".

30. New sections 114A and 114B inserted

After section 114 of the Principal Act insert—

'114A. Removal of stationary vehicles
Melbourne City Link (Amendment) Act 1998

s. 30 Act No. 102/1998

(1) The relevant corporation, or any person

authorised to do so by the relevant
corporation, may move or cause to be moved
from the Link road or the Extension road any
vehicle—

(a)	that is parked or left standing on that road contrary to any law; or
(b)	that in the opinion of the relevant corporation or person—

(i)  is, or is likely to be or to cause, a danger to other road users; or

(ii)  is causing, or is likely to cause, traffic congestion; or

(c) that is disabled or damaged.

(2) A person acting in accordance with sub- section (1)—

(a) reasonable force, for the purpose of

may enter a vehicle using, if necessary, it; and

(b) may move the vehicle to the nearest convenient place.

(3) In the case of the removal of a vehicle

damaged at an accident scene on the Link
road or the Extension road, sub-sections (1)
and (2) are not intended to remove any
obligation imposed on a person by section
183B of the Transport Act 1983.

(4) A relevant corporation may recover from the

owner of a vehicle moved or stored under
this section any reasonable costs incurred in
moving or storing it.

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 31

(5) In this section "vehicle" includes anything attached to, within, or on, the vehicle.

114B. Removal of abandoned property

The relevant corporation may remove any thing on the Link road or the Extension road that appears to have been abandoned.'.

31. Regulations

(1) In section 118(1) of the Principal Act—

(a)	in paragraph (a), for "advising that tolls are payable for the use of the toll zone, the range of tolls payable and the available exits from the road before commencement of the toll zone" substitute "and prescribing the information to be provided by such notices";
(b)	after paragraph (b) insert— "(ba) prescribing the manner in which such

tolling devices are to be installed, set up, tested, operated, used, maintained or repaired;

(bb) prescribing the manner in which

information from such tolling devices is
to be processed, stored, transferred,
produced, re-configured, used to
produce reports, images or other forms
of information, destroyed or otherwise

handled;";

(c) in paragraph (c), for "persons or classes of persons" substitute "vehicles or classes of vehicles";

(d) after paragraph (c) insert—

Melbourne City Link (Amendment) Act 1998

s. 32 Act No. 102/1998

"(ca) the exemption by a relevant corporation

of vehicles from the requirement to be
registered under Part 4;";

(e) paragraph (d) is repealed;

(f) in paragraph (f), for "scales of costs" substitute "administrative costs".

(2) In section 118 of the Principal Act, after sub- section (1) insert—

"(1A) Regulations made under this Act prescribing

an amount as the prescribed penalty for an
offence committed during the start-up period
within the meaning of Part 4 for which an
infringement notice is issued under that Part
may be made so as to prescribe a different
amount according to the number of such
infringement notices issued in respect of the
same alleged offender within that period.".

32. Insertion of Division headings

In the Principal Act—

(a) before section 69 insert—

"Division 1—Definitions";

(b) before section 70 insert—

"Division 2 —Fixing and Enforcement of

Tolls";

(c) before section 92 insert—

"Division 4—Records".

33. Amendment of Schedule 4

After item 1 of Schedule 4 of the Principal Act
insert—

"Item 2

Situation and area of land :  East Melbourne, City of
Melbourne, Parish of

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 33

Melbourne North, County of
Bourke, 10·40 hectares,
being Crown Allotment 2,
Section 19D, less authorised

excisions

Instrument and date of	Order in Council dated
reservation :	17 March 1970
Description of land by	Government Gazette dated
reference to Government	11 February 1970, page 375
Gazette :	and 25 March 1970, page 831
Purpose of reservation :	Sport, recreation and entertainment
Extent of revocation :	Stratum of land shown on the plan numbered LEGL./98-76 and lodged in the Central Plan Office.".

_______________
Melbourne City Link (Amendment) Act 1998

s. 34 Act No. 102/1998

PART 3—AMENDMENTS TO THE OMBUDSMAN ACT 1973

34. Definition

No. 8414.	In the definition of "principal officer" in section 2
Reprint No. 5
as at	of the Ombudsman Act 1973, at the end of
1 January	paragraph (c) insert—
1997. Further
amended by
Nos 93/1997,	"; and
15/1998 and
46/1998.	(d) in relation to the police force—

the Chief Commissioner of Police;".

35. Ombudsman to have additional functions

(1) After section 13(2) of the Ombudsman Act 1973

insert—

"(2AA) The Ombudsman is also to monitor

compliance by members of the police force with Division 3 of Part 4 of the Melbourne City Link Act 1995.

(2AB) The Ombudsman must review the records of

the police force at least twice during each
financial year to monitor compliance by
members of the force with Division 3 of
Part 4 of the Melbourne City Link Act
1995.".

(2) After section 13(3A)(b) of the Ombudsman Act 1973 insert—

"; or

(c) for the purpose of—

(i)  carrying out a function under sub- section (2AA) or (2AB); or

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 36

(ii) investigating the disclosure or use by a member of the police force of restricted tolling information within the meaning of the Melbourne City Link Act

1995.".

36. New Division 3A inserted in Part IV

After section 22 of the Ombudsman Act 1973 insert—

'Division 3A—Investigations under Melbourne

City Link Act 1995

22A. Definitions

In this Division "relevant agency" and
"restricted tolling information" have the
same meanings as they have in Division 3 of
Part 4 of the Melbourne City Link Act

1995.

22B. Powers in relation to toll reviews and

investigations

(1) The Ombudsman or an employee referred to in section 7 authorised by the Ombudsman in that behalf may—

(a)	enter at any time any premises occupied by the police force at which the Ombudsman reasonably believes there are police records that contain, or relate to, restricted tolling information; and
(b)	(except premises occupied by the police force) during ordinary business hours to

enter the offices of a relevant agency contain, or relate to, restricted tolling information that relates, or that may relate, to any investigation or review

Melbourne City Link (Amendment) Act 1998

s. 36	Act No. 102/1998
being, or about to be, carried out under this Act; and

(c)	inspect or copy any record or information found at any place entered under paragraph (a) or (b);
(d)	report the results of any inspections carried out under this section to the Minister; and
(e)	do anything that it is necessary or convenient to do to enable an inspection to be carried out under this section.

(2) The Ombudsman may only exercise a power

of entry under this section after she or he
notifies the following of the intended entry—

(a)	in the case of an entry onto any premises occupied by the police force, the Chief Commissioner of Police;
(b)	in the case of an entry onto the offices of a relevant agency, the chief executive officer (by whatever name called) of the relevant agency.

22C. Police must provide reasonable assistance

The Chief Commissioner of Police must
ensure that members of the police force give
the Ombudsman any assistance the
Ombudsman reasonably requires to enable
the Ombudsman to exercise the
Ombudsman's functions in relation to
Division 3 of Part 4 of the Melbourne City
Link Act 1995.'.

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 37

37. New section 25A inserted

After section 25 of the Ombudsman Act 1973 insert—

"25A. Reports about tolling information review

(1) The Ombudsman must give the Minister

administering the Melbourne City Link Act
1995 a written report of the results of the
reviews required by section 13(2AB) as soon
as is practicable, and in any event within
3 months, after the end of the financial year
in which the reviews occurred.

(2) The Ombudsman must give a copy of the

report to the Chief Commissioner of Police
and to the Attorney-General.".

_______________
Melbourne City Link (Amendment) Act 1998

s. 38 Act No. 102/1998

PART 4—AMENDMENTS TO THE TRANSPORT ACT 1983

38. Transport Act 1983

No. 9921.	In section 56A of the Transport Act 1983, for
Reprint No. 6
as at 1 July	sub-section (9) substitute—
1998.
"(9) Clauses 16 and 18 of Schedule 5 do not declaration under section 61 of the apply to that part of the Link road which by a treated as a freeway.
(9A) Clauses 16, 17, 18 and 20 of Schedule 5 do by a declaration under section 61 of the not apply to that part of the Link road which treated as a State highway.".

39. Widening of grounds for issuing of towing licences

(1) After section 172D(3) of the Transport Act 1983

insert—

"(3A) Despite sub-section (2), the Minister may

new heavy accident tow truck towing
licences to a relevant agency within the
meaning of Part 4 of the Melbourne City

also authorise the licensing authority to grant agency within the meaning of that Act) if, in the opinion of the Minister, the grant of the licences is necessary to enable the relevant agency to perform its obligations, exercise its rights or carry out its functions under that Act, the regulations under that Act, this Act, the regulations under this Act or the Agreement or the Extension Agreement (as defined in that Act).

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 39

(3B) If the Minister authorises the licensing

authority to grant licences under sub-section

(3A)—

(a)

the Minister may require the licensing conditions on the licences; and

(b) section 172F does not apply to the issue of those licences.".

(2) After section 172E(4) of the Transport Act 1983

insert—

"(4A) Despite sub-sections (2) and (3), the Minister

may also authorise the licensing authority to
grant new accident towing licences to a
relevant agency within the meaning of Part 4
of the Melbourne City Link Act 1995
(other than the enforcement agency within
the meaning of that Act) if, in the opinion of
the Minister, the grant of the licences is
necessary to enable the relevant agency to
perform its obligations, exercise its rights or
carry out its functions under that Act, the
regulations under that Act, this Act, the
regulations under this Act or the Agreement
or the Extension Agreement (as defined in
that Act).

(4B) If the Minister authorises the licensing

authority to grant licences under sub-section

(4A)—

(a)

the Minister may require the licensing conditions on the licences; and

(b) section 172G does not apply to the issue of those licences.".

Melbourne City Link (Amendment) Act 1998

s. 40 Act No. 102/1998

(3) In section 172H(7) of the Transport Act 1983,

after "licence" insert "(other than a licence to
which sub-section (7A) applies)".

(4) After section 172H(7) of the Transport Act 1983

insert—

"(7A) An application for a licence being issued as a

result of an authorisation under section
172D(3A) or 172E(4A) must be
accompanied by—

(a)	any details or documents required by the licensing authority; and
(b)	the appropriate application fee determined under section 147B.".

(5) In section 147B(1)(a) of the Transport Act 1983, after "172H(7)" insert "and (7A)".

40. Amendment concerning tow truck drivers

After section 183B(3) of the Transport Act 1983
insert—

"(4) This section does not apply to a tow truck

driver who attends an accident scene, or who
tows or attempts to tow a damaged vehicle

from an accident scene, if—

(a)	the accident scene is on the Link road or the Extension road (within the meaning of the Melbourne City Link Act 1995); and
(b)	the tow truck driver is authorised by the relevant corporation (within the meaning of the Melbourne City Link Act 1995) to attend accident scenes on that road; and
(c)	in a case in which the tow truck driver tows the damaged vehicle from the accident scene, the tow truck driver

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998	s. 41
tows the vehicle to a place approved by the licensing authority.".

41. New section 183C inserted

After section 183B of the Transport Act 1983 insert—

"183C. Offence to tow vehicle from certain depots

without authorisation

A tow truck driver must not, without having obtained authorisation from, and been given a job number by, an allocation centre tow, or attempt to tow, a damaged vehicle from a

place approved for the purposes of section 183B(4)(c) that was towed to that place in the circumstances set out in section

183B(4).".

_______________
Melbourne City Link (Amendment) Act 1998

s. 42 Act No. 102/1998

PART 5—AMENDMENTS TO OTHER ACTS

No. 89/1994.	42. Amendment of Impounding of Livestock Act 1994
Reprint No. 1
as at 13
March 1997.	After section 5(2)(d) of the Impounding of Livestock Act 1994 insert— "(e) in the case of the Link road or the Extension

road within the meaning of the Melbourne City Link Act 1995, a person authorised by the relevant corporation within the meaning of that Act if the livestock are trespassing on or near that road.".

43. New section 13A inserted in Impounding of Livestock Act 1994

After section 13 of the Impounding of Livestock

Act 1994 insert—

"13A. Duties of person authorised by relevant

corporation

A person who is authorised by a relevant corporation under section 5(2)(e) and who impounds livestock must deliver that livestock to the nearest convenient pound as soon as is practicable after impounding the livestock.".

No. 51/1989.	44. Amendment of Magistrates' Court Act 1989
Reprint No. 5
as at 1 July
1998. Further	(1) In section 124B(1) of the Magistrates' Court Act
amended by	1989, at the end of paragraph (d) insert—
Nos 84/1997
and 15/1998.	"; or

(e) the police force of Victoria under Part 4 of the Melbourne City Link Act 1995 that are of a similar nature to the functions of the police force of Victoria referred to in paragraph (c) or (d).".

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 s. 45

(2) In clause 4(2) of Schedule 7 to the Magistrates'

Court Act 1989, at the end of paragraph (i) insert—

"; and

(j) if the infringement notice was issued in respect of an offence against section 73(1) of the Melbourne City Link Act 1995, the person was at the time of the

alleged offence—

(i)  the owner of the vehicle within the meaning of Part 4 of that Act; or

(ii)  the driver of the vehicle as shown in a statement or declaration supplied in accordance with section 87(3)(a) of that Act.".

(3) In clause 14(2) of Schedule 7 to the Magistrates'

Court Act 1989, at the end of paragraph (c) insert—

"; or

(d) if the infringement notice was issued in respect of an offence against section 73(1) of the Melbourne City Link Act 1995—

(i)  to the last address of the owner of the vehicle within the meaning of Part 4 of that Act; or

(ii)  if a statement or declaration has been supplied by the owner of the vehicle under section 87(3)(a) of that Act, to the last address of the person alleged in that statement or declaration to have been the driver of the vehicle.".

45. New section 9AA inserted in Road Transport No. 84/1995. Reprint No. 1

(Dangerous Goods) Act 1995 as at 7 April
1998. Further

In the Road Transport (Dangerous Goods) Act	amended by
1995, after section 9 insert—	No. 52/1998.

'9AA. Competent Authority may determine routes, etc. for dangerous goods

(1) A Competent Authority may, by notice

published in the Government Gazette,
prohibit absolutely or subject to conditions

Melbourne City Link (Amendment) Act 1998

s. 45 Act No. 102/1998

or restrictions, the transport by road of
specified dangerous goods by all vehicles or

vehicles of a specified class—

(a) along a specified route; or

(b) in or through a specified area; or

(c) at a specified time or during a specified period.

(2) A notice under sub-section (1) may impose a duty to comply with it on a specified class of person.

(3) A person who is under a duty to comply with

a notice published under sub-section (1)
must not contravene the notice.
Penalty: 15 penalty units.

(4) The applied provisions do not operate to

prevent a notice published under sub-section
(1) having effect despite anything to the
contrary in section 9.

(5) In this section, "Competent Authority",

"dangerous goods" and "vehicle" have the
same meanings as they have in the applied
provisions.'.
═══════════════

Melbourne City Link (Amendment) Act 1998

Act No. 102/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 22 October 1998

Legislative Council: 17 November 1998

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