Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
West Gate Tunnel (Truck Bans and Traffic
Management) Act 2019
No. of 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions 3
4 Objects of Act 12
5 Relationship with the power of the Crown to make an
agreement or enter into a contract 12
6 Declaration this Act is transport legislation 13
7 Functions and powers of the Secretary 13
8 West Gate Tunnel Corporation 14
9 West Gate Tunnel operator 15
10 Power of delegation 16
11 Act binds the Crown 16
Part 2--The West Gate Tunnel Agreement 17
Division 1--West Gate Tunnel Agreement 17
12 Tabling in Parliament 17
13 Amendment of West Gate Tunnel Agreement 17
14 Modification of West Gate Tunnel Agreement 18
15 Revocation 19
16 Effect of revocation of amending agreement 19
Division 2--Giving effect to the West Gate Tunnel Agreement 20
17 Act to prevail over West Gate Tunnel Agreement 20
18 Enforcement of West Gate Tunnel Agreement 20
Part 3--Tolls 22
Division 1--Preliminary 22
19 Declaration of relevant West Gate Tunnel Corporation 22
20 Authorised persons 22
Division 2--Fixing, charging and administration of tolls 22
21 Relevant West Gate Tunnel Corporation may fix, charge and
collect tolls 22
i
Clause Page
22 Fixing of tolls and toll administration fees 22
Division 3--Charge and collection of tolls 24
23 Commencement of tolling 24
24 Liability to pay toll and toll administration fees 24
25 Toll administration fee not payable for certain vehicles 25
26 Operator not liable if effective statement made 25
27 Cancellation of authorised person's acceptance of statement as
effective 27
28 Offence to provide false or misleading information 28
29 Charging of tolls 28
30 Tolling device is not surveillance device 28
31 Minimum debt recovery requirements 29
Division 4--Tolling offences and registration of vehicles 29
32 Offence to drive unregistered vehicle in toll zone 29
33 Registration of vehicles 32
34 Ongoing registration agreements 32
35 Temporary registration 33
36 Information to be given in relation to ongoing registration or
temporary registration 34
37 Cancellation or suspension of registration 35
38 Offence to tamper with tolling devices 37
39 Offence to fraudulently induce registration 37
Division 5--Tolling enforcement 37
40 Payment of prescribed administrative amount 37
41 Relevant West Gate Tunnel Corporation or authorised person
may notify enforcement agency of non-payment of toll 38
42 Disputes in relation to payment of tolls 39
43 Enforcement officers 40
44 Identification of enforcement officers 40
45 Power to serve an infringement notice 41
46 Toll administration infringement notice 42
47 Infringement penalty 42
48 Additional effect of expiation 42
49 Effect of conviction for non-payment of penalty 43
50 Application of Infringements Act 2006, Fines Reform
Act 2014 and Children, Youth and Families Act 2005
procedure 43
51 Operator onus offence 44
52 Extension of time if no actual notice for offence to drive
unregistered vehicle in toll zone 44
53 Granting extension of time 45
54 The Consolidated Fund 50
ii
Clause Page
Division 6--Evidentiary provisions 51
55 Proof that vehicle driven in a toll zone 51
56 Evidentiary certificates 51
57 Evidentiary certificates relating to tolls 53
58 Evidentiary certificate issued by relevant West Gate Tunnel
Corporation 53
Division 7--Disclosure and keeping of records 54
59 VicRoads may disclose certain information 54
60 Relevant West Gate Tunnel Corporation to keep proper
records 56
61 Destruction of records 57
Division 8--Link roaming agreements 58
62 Definitions 58
63 Roaming fees 59
64 Determination of net incremental marginal cost 59
Division 9--Effect of certain provisions of the Major Transport
Projects Facilitation Act 2009 60
65 Designation of project contractor 60
66 Declaration or revocation of declaration as a road 60
Part 4--Administration, legal proceedings and enforcement 62
Division 1--Use of statutory powers and functions for the West
Gate Tunnel Project 62
67 Governor in Council may require bodies to act 62
68 Powers of certain bodies extended 62
Division 2--Emergency management 63
69 Emergency management 63
Division 3--No liability for obstruction of rivers 63
70 No liability for obstruction of rivers 63
Division 4--Service of documents 64
71 Service of documents 64
Division 5--Proceedings for offences 64
72 Proceedings for offences under Part 3 64
73 Extension of period for commencing prosecution for summary
offences 65
Part 5--The Better Freight Outcomes Fund 66
74 Better Freight Outcomes Fund 66
iii
Clause Page
75 Payments into the Fund 66
76 Payments out of the Fund 66
Part 6--Regulations 68
77 Regulations 68
78 Repeal of transitional regulation making powers 70
Part 7--Consequential amendments to other Acts and repeal
of amending Part 71
Division 1--Accident Towing Services Act 2007 71
79 Definitions 71
80 Power to issue regular tow truck licences 72
81 Power to issue heavy tow truck licences 73
82 Issue of new licences and re-issue of certain limited licences 73
83 Period for which licence remains in force 74
84 Ministerial authorisation for the issue of regular tow truck
licences 74
85 Ministerial authorisation for the issue of heavy tow truck
licences 75
86 Transfer of tow truck licence to another person 77
87 Allocation offences in controlled areas 77
Division 2--Children, Youth and Families Act 2005 78
88 Application for registration of infringement penalty 78
89 Decision to go to Court 79
90 Statute law revision 80
Division 3--Criminal Procedure Act 2009 81
91 Definitions 81
Division 4--EastLink Project Act 2004 81
92 Definitions 81
93 Liability to pay toll charged 86
94 Operator not liable if effective tolling statement made 86
95 Charge of toll 86
96 New section 203A inserted 87
97 Offence to drive unregistered vehicle in toll zone 87
98 Section 206B substituted 88
99 Freeway Corporation may notify enforcement agency of non-
payment of toll 89
100 Additional effect of expiation 90
101 Proof that vehicle driven on EastLink in a toll zone 90
102 Evidence of certificate or document from VicRoads 90
103 VicRoads may disclose certain information to Freeway
Corporation 91
104 Proceedings for offences under Part 9 93
iv
Clause Page
105 Regulations 94
Division 5--Fines Reform Act 2014 95
106 Registration of infringement fine with Director 95
107 Extended period for registration 95
108 Ministers may enter into administrative services agreements 96
Division 6--Heavy Vehicle National Law Application Act 2013 96
109 Road manager 96
110 Toll road authority 97
Division 7--Infringements Act 2006 97
111 Application of Division 97
112 Service of documents 97
Division 8--Major Transport Projects Facilitation Act 2009 98
113 Declaration of roads 98
Division 9--Magistrates' Court Act 1989 98
114 Certain agencies may give information for enforcement
purposes 98
Division 10--Melbourne City Link Act 1995 98
115 Repeal of Division 6 of Part 2B 98
116 Definitions 98
117 Liability to pay toll and toll administration fees 104
118 Charge of toll 104
119 New section 72C inserted 105
120 Offence to drive unregistered vehicle in toll zone 105
121 Section 76 substituted 106
122 Relevant corporation or authorised person may notify
enforcement agency of non-payment of toll 107
123 Proof that vehicle driven in toll zone 107
124 General evidentiary provisions 107
125 Roads Corporation may disclose certain information 108
126 New Division 6 of Part 4 inserted 110
127 Proceedings 113
128 Regulations 113
129 Statute law revision 114
Division 11--Road Management Act 2004 114
130 Definitions 114
131 Interpretation and application of Act 115
132 What is a public road? 116
133 Which road authority is the responsible road authority? 116
134 Contents of a road management plan 116
135 Interference with a road 117
v
Clause Page
136 Authorised officers 117
137 Principles concerning performance of road management
functions 118
138 Right to recover for damage to road 118
139 New section 133C inserted 118
140 Section 134 substituted 119
141 New section 134AA inserted 122
142 Application of Schedule 7 in respect of the EastLink 124
143 Application of Schedule 7 in respect of the Peninsula Link
Freeway 124
144 New sections 134F and 134G inserted 125
145 Schedule 1 amended 129
146 Schedule 7A amended 130
Division 12--Road Safety Act 1986 130
147 Definitions 130
148 New sections 65BA, 65BB, 65BC, 65BD and 65BE inserted 130
149 Definitions 134
150 Use of effective statement to avoid liability 134
151 Statute law revision 135
Division 13--Transport Integration Act 2010 135
152 Definitions 135
153 Delegation by Secretary 135
Division 14--Repeal of amending Part 136
154 Repeal of amending Part 136
═════════════
Endnotes 137
1 General information 137
vi
West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019
No. of 2019
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to provide for the amendment, modification
and tabling of the West Gate Tunnel
Agreement; and
(b) to provide for the imposition, collection and
enforcement of tolls in relation to the use of
the West Gate Tunnel tollway; and
1
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
(c) to establish the Better Freight Outcomes
Fund into which the proceeds of
infringement fines in respect of truck ban
offences are to be paid; and
(d) to amend the Road Management Act 2004
and the Road Safety Act 1986 to modify
the operation of those Acts in relation to the
West Gate Tunnel tollway; and
(e) to amend the Melbourne City Link
Act 1995 and the EastLink Project
Act 2004--
(i) to further provide for the use and
disclosure of registration and licensing
information held by VicRoads for the
purpose of recovering unpaid tolling
fees; and
(ii) to further provide for the imposition,
collection and enforcement of tolls in
relation to the use of a vehicle to which
a trailer is attached in certain
circumstances; and
(f) to make consequential and related
amendments to the Road Management
Act 2004, the Road Safety Act 1986 and
to make related amendments to certain other
Acts.
2 Commencement
(1) This Part and Part 2 of this Act come into
operation on the day after the day on which
this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation
on a day or days to be proclaimed.
2
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
(3) If a provision of this Act referred to in
subsection (2) does not come into operation
before 19 February 2020, it comes into operation
on that day.
3 Definitions
In this Act--
amending agreement means an amending
agreement made under section 13;
authorised person means a person authorised
under section 20;
business day means a day that is not--
(a) a Saturday or a Sunday; or
(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;
Chief Commissioner of Police has the same
meaning as Chief Commissioner has in
the Victoria Police Act 2013;
Children's Court registrar means a registrar
within the meaning of Schedule 3 to the
Children, Youth and Families Act 2005;
corresponding body has the same meaning as it
has in section 84BB of the Road Safety
Act 1986;
corresponding law has the same meaning as it
has in section 84BB of the Road Safety
Act 1986;
Council has the same meaning as it has in the
Local Government Act 1989;
Department Head has the same meaning as it has
in the Public Administration Act 2004;
3
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
effective, in relation to an illegal user statement,
a known user statement or a sold vehicle
statement, means a statement that is accepted
by an authorised person under section 26
as an effective statement and that has not
ceased to be an effective statement for the
purposes of section 27;
enforcement agency means--
(a) the Chief Commissioner of Police; or
(b) a prescribed person;
enforcement officer means--
(a) in the case of an infringement notice for
an offence against section 60(1) or (3),
a person authorised by the Minister
under section 72(2); and
(b) in any other case, a person authorised
by an enforcement agency under
section 43(1);
extension of time means an extension of time
granted under section 52(4);
Head, Transport for Victoria has the same
meaning as it has in section 3 of the
Transport Integration Act 2010;
illegal user statement, in relation to the use of
a vehicle or trailer, means a statement in
writing made by a person with respect to the
vehicle or trailer to the effect that the person
believes that at the relevant time the vehicle
or trailer was a stolen vehicle or trailer or
that the number plates displayed on the
vehicle or trailer were stolen;
infringement notice has the same meaning as it
has in the Infringements Act 2006;
4
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
infringement penalty has the same meaning as it
has in the Infringements Act 2006;
known user statement, in relation to the use of
a vehicle or trailer, means a statement in
writing made by a person--
(a) to the effect that the person was not
driving at the relevant time, or did not
at that time have possession or control
of, the vehicle or trailer or the vehicle
to which the trailer was attached; and
(b) containing sufficient information to
identify and locate the person who the
person making the statement last knew
to have, before the relevant time,
possession or control of the vehicle or
trailer or the vehicle to which the trailer
was attached;
Magistrates' Court registrar means a registrar
within the meaning of the Magistrates'
Court Act 1989;
minimum debt recovery requirements means the
requirements specified by the Minister under
section 31(1);
modification means a change to the scope of, or
technical standards applicable to, design and
construction or operation or maintenance
activities contained in the West Gate Tunnel
Agreement in accordance with the terms of
the West Gate Tunnel Agreement;
nomination rejection statement means a
statement in writing made by a person
nominated in a known user statement, a sold
vehicle statement or a tolling nomination
statement as being the responsible person in
respect of a vehicle or trailer to the effect
that if nominated--
5
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
(a) in a known user statement, the person
had not had possession or control of the
vehicle or trailer at the relevant time, as
stated in the known user statement; or
(b) in a sold vehicle statement, the vehicle
or trailer had not been sold or disposed
of to the person, and that no interest in
it had otherwise vested in the person, as
stated in the sold vehicle statement; or
(c) in a tolling nomination statement, that
the person was not the responsible
person in relation to the vehicle or
trailer at the time of the tolling offence
as stated in the tolling nomination
statement;
ongoing registration agreement means an
agreement made in accordance with
section 34;
operator, in relation to a vehicle or trailer at the
time the vehicle or trailer was driven in a
toll zone, means each of the following--
(a) the registered operator of the vehicle
or trailer at that time or the person
recorded at that time on a register
of vehicles maintained under a
corresponding law as the person
responsible for the vehicle or trailer;
(b) if VicRoads under the regulations
under the Road Safety Act 1986,
or a corresponding body under a
corresponding law, has received notice
of transfer of registration of the vehicle
or trailer, the person whose name
is disclosed in the records kept by
VicRoads or the corresponding
body (as the case requires) as being
6
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
responsible for the vehicle or trailer
at that time;
(c) if the vehicle or trailer is not registered
under the Road Safety Act 1986 or a
corresponding law, the person whose
name is disclosed in the records kept
by VicRoads or the corresponding body
as being responsible for the vehicle or
trailer at that time;
(d) if the vehicle or trailer displays a
number plate--
(i) the person who, at the time at
which the registration number
borne by that number plate
was last assigned by VicRoads
or a corresponding body, was
the registered operator of, or
(if assigned by a corresponding
body) the person recorded on a
register of vehicles or trailers
maintained under the
corresponding law as the
person responsible for, the vehicle
or trailer to which that registration
number was assigned, whether or
not that vehicle or trailer is the
same as the vehicle or trailer
involved in the offence; or
(ii) the person whose name is
disclosed in the records kept by
VicRoads or a corresponding body
as being entitled, or last entitled,
at that time to use or possess that
number plate;
(e) if the vehicle or trailer displays a
general identification mark by means
of a special identification plate issued
7
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
by VicRoads under the regulations
under the Road Safety Act 1986 or
by a corresponding body under a
corresponding law, the person to
whom the mark is assigned at that time;
penalty reminder notice fee has the same meaning
as it has in the Infringements Act 2006;
police officer has the same meaning as it has in
the Victoria Police Act 2013;
project authority has the same meaning as it
has in the Major Transport Projects
Facilitation Act 2009;
project contractor has the same meaning as it
has in the Major Transport Projects
Facilitation Act 2009;
project document means any document of a class
that is designated in the West Gate Tunnel
Agreement as a project document;
public authority means any body (including any
trust) established by or under an Act for a
public purpose, other than a Council;
registered operator has the same meaning as
it has in section 3(1) of the Road Safety
Act 1986;
registration means--
(a) a temporary registration; or
(b) an ongoing registration;
relevant agency means--
(a) the relevant West Gate Tunnel
Corporation; or
(b) the West Gate Tunnel operator; or
(c) an enforcement agency;
8
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
relevant West Gate Tunnel Corporation means--
(a) for the purposes of Part 3, except
sections 21 and 22, if--
(i) a person has been declared
under Part 3 to be the relevant
West Gate Tunnel Corporation,
that person; or
(ii) a declaration is not in force under
Part 3, the West Gate Tunnel
Corporation; and
(b) for the purposes of a provision of
this Act other than those referred
to in paragraph (a), including
sections 21 and 22, the West Gate
Tunnel Corporation;
responsible person, in relation to a vehicle or
trailer, means--
(a) the operator of the vehicle or the trailer;
or
(b) the person nominated as the responsible
person in relation to the vehicle or
trailer in an effective known user
statement or an effective sold vehicle
statement;
Secretary means the Secretary to the Department
of Transport;
sold vehicle statement, in relation to the use of
a vehicle or trailer, means a statement in
writing made by a person--
(a) to the effect that--
(i) the person had sold or otherwise
disposed of the vehicle or trailer
before the relevant time or that
any interest in the vehicle or
9
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
trailer had otherwise ceased to
be vested in the person before
that time; and
(ii) the person was not at that time
driving, or had not at that time
possession or control of, the
vehicle or trailer; and
(b) containing sufficient information
to identify and locate the person to
whom the vehicle or trailer was sold
or disposed of, or in whom an interest
in the vehicle or trailer was otherwise
vested, and the date and, if relevant,
the time of sale, disposal or vesting;
special circumstances has the same meaning as
it has in the Infringements Act 2006;
temporary registration means the registration of
a vehicle in accordance with section 35;
toll means a toll fixed under Division 2 of Part 3;
toll administration fee means a fee fixed under
Division 2 of Part 3;
toll zone means a zone specified under Division 2
of Part 3;
tolling device means any system, equipment or
thing prescribed as a device for the purposes
of Part 3;
tolling nomination statement means a tolling
nomination statement made by an authorised
tolling person under Part 6AA of the Road
Safety Act 1986;
tollway billing arrangement means an agreement
or arrangement between a person and a
tollway operator (or an agent of a tollway
operator) relating to the payment of tolls
for the use of a vehicle on a tollway;
10
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
tollway operator means a person, other than the
West Gate Tunnel Corporation, who--
(a) operates a tollway under a law of this
State, or another State or of a Territory,
or under an agreement between that
person and the State or another State
or 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;
trailer has the same meaning as it has in the Road
Safety Act 1986;
trip means the driving of a vehicle on the
West Gate Tunnel tollway in one toll zone
or more than one toll zone and uninterrupted
by exit from the road on which the zone is
or zones are and subsequent re-entry to that
road;
vehicle has the same meaning as motor vehicle
has in the Road Safety Act 1986;
VicRoads means the Roads Corporation continued
under section 80 of the Transport
Integration Act 2010;
West Gate Tunnel Agreement means the
agreement for the West Gate Tunnel Project
entered into by the Minister on 11 December
2017 and the Schedules and exhibits to that
agreement as in force immediately before the
commencement of Part 2 of this Act, and
includes that agreement and the Schedules
and exhibits to that agreement as amended
from time to time;
West Gate Tunnel Corporation means the
person for the time being declared to be
the West Gate Tunnel Corporation under
section 8;
11
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
West Gate Tunnel operator means the person for
the time being declared to be the West Gate
Tunnel operator under section 9;
West Gate Tunnel Project means the project
declared as the Western Distributor
Project under section 10 of the Major
Transport Projects Facilitation Act 2009
on 5 September 2016 and published in the
Government Gazette on 15 September 2016;
West Gate Tunnel Project area means the area
of land designated as the project area
by Order under section 95 of the Major
Transport Projects Facilitation Act 2009
on 8 December 2017 and published in the
Government Gazette on that date and as
varied from time to time under section 96
of that Act;
West Gate Tunnel tollway means the land
in the West Gate Tunnel Project area
that is declared to be a freeway under
section 193 of the Major Transport
Projects Facilitation Act 2009.
4 Objects of Act
The objects of this Act are to authorise and
facilitate--
(a) the operation and management of the
West Gate Tunnel tollway; and
(b) the tolling of the use of vehicles on
the West Gate Tunnel tollway by
the West Gate Tunnel Corporation.
5 Relationship with the power of the Crown to make
an agreement or enter into a contract
Nothing in this Act limits or otherwise affects
any power of the Crown to make an agreement
or enter into a contract apart from this Act.
12
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
6 Declaration this Act is transport legislation
This Act is transport legislation within the
meaning of the Transport Integration Act 2010.
7 Functions and powers of the Secretary
(1) Subject to subsection (4), the Secretary has the
following functions--
(a) on behalf of the Crown, to administer and
manage contractual arrangements between
the Crown and the West Gate Tunnel
Corporation;
(b) to make recommendations regarding those
contractual arrangements to the Minister;
(c) to manage the responsibilities of the Crown
in relation to the operation of the West Gate
Tunnel tollway;
(d) to make recommendations to the Minister on
public safety issues relating to the West Gate
Tunnel tollway;
(e) to manage, on behalf of the Crown,
regulatory issues arising from the
operation of the West Gate Tunnel tollway;
(f) to undertake any other functions conferred
on the Secretary in relation to the West Gate
Tunnel tollway under this or any other Act.
(2) The Secretary must comply with any directions
of the Minister, including any direction relating
to the provision of information or reports
concerning the exercise of the Secretary's powers
and the performance of the Secretary's functions.
(3) The Governor in Council may, by Order published
in the Government Gazette, declare that the
Secretary is authorised to carry out a function
under subsection (1).
13
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
(4) The Secretary must not carry out a function
under subsection (1) unless the Secretary has
been authorised to do so in accordance with
subsection (3).
(5) The Secretary has all the powers that are
necessary or convenient to perform the
Secretary's functions under this section.
8 West Gate Tunnel Corporation
(1) The Governor in Council may, by Order published
in the Government Gazette, declare any person to
be the West Gate Tunnel Corporation.
(2) If the person who is, for the time being, the
West Gate Tunnel Corporation agrees to the
declaration of another person as the West Gate
Tunnel Corporation in its place, the Governor
in Council may, by Order published in the
Government Gazette declare that other person
to be the West Gate Tunnel Corporation.
(3) If the West Gate Tunnel Agreement is terminated
or expires, the Governor in Council may, by Order
published in the Government Gazette--
(a) declare that the person who, immediately
before the termination or expiry, was the
West Gate Tunnel Corporation has ceased to
be the West Gate Tunnel Corporation; and
(b) declare a person specified in the Order to be
the West Gate Tunnel Corporation.
(4) An Order under this section takes effect on
the day that it is published in the Government
Gazette, or if a later day is specified in the
Order, on that later day.
14
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
(5) The person who is, for the time being, the
West Gate Tunnel Corporation is not a public
authority within the meaning of any Act or
enactment by reason only that it is the West Gate
Tunnel Corporation.
9 West Gate Tunnel operator
(1) The Governor in Council may, by Order published
in the Government Gazette, declare any person to
be the West Gate Tunnel operator.
(2) If the person who is, for the time being, the
West Gate Tunnel operator agrees to the
declaration of another person as the West Gate
Tunnel operator, the Governor in Council may,
by Order published in the Government Gazette,
declare that other person to be the West Gate
Tunnel operator for the purposes of this Act.
(3) If the West Gate Tunnel Agreement is terminated
or expires, the Governor in Council may, by Order
published in the Government Gazette--
(a) declare that the person who, immediately
before the termination or expiry, was the
West Gate Tunnel operator has ceased to
be the West Gate Tunnel operator; and
(b) declare a person specified in the Order to
be the West Gate Tunnel operator for the
purposes of this Act.
(4) An Order under this section takes effect on
the day that it is published in the Government
Gazette, or if a later day is specified in the
Order, on that later day.
(5) The person who is, for the time being, the
West Gate Tunnel operator is not a public
authority within the meaning of any Act or
enactment by reason only that it is the West Gate
Tunnel operator.
15
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 1--Preliminary
10 Power of delegation
(1) The West Gate Tunnel Corporation may by
instrument delegate to the West Gate Tunnel
operator all or any of the following--
(a) any of its functions or powers under Part 3
(except the power to fix or impose a toll
or toll administration fee under section 21
or 22) or the regulations made under this
Act in respect of tolling;
(b) any of its functions or powers under the
Road Management Act 2004 or regulations
under that Act;
(c) any of its functions or powers under the
Road Safety Act 1986 or regulations under
that Act;
(d) any of its functions or powers under the
Accident Towing Services Act 2007 or
regulations under that Act;
(e) any of its functions or powers under the
regulations made under section 56 of the
Transport (Compliance and
Miscellaneous) Act 1983.
(2) If the West Gate Tunnel Corporation delegates
any function or power under this section, the
West Gate Tunnel Corporation must publish a
notice of that delegation in the Government
Gazette.
11 Act binds the Crown
This Act binds the Crown in right of Victoria and,
so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
16
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 2--The West Gate Tunnel Agreement
Part 2--The West Gate Tunnel Agreement
Division 1--West Gate Tunnel Agreement
12 Tabling in Parliament
(1) The Minister must cause a copy of the West Gate
Tunnel Agreement to be laid before each House of
the Parliament.
(2) The Minister must cause a copy of each amending
agreement to be laid before each House of the
Parliament within 6 sitting days of that House
following the publication of the notice of making
of the amending agreement.
13 Amendment of West Gate Tunnel Agreement
(1) The parties to the West Gate Tunnel Agreement
may, from time to time, by agreement in writing
and with the consent of the Minister, amend all
or any of the provisions of the West Gate Tunnel
Agreement that affect those persons.
(2) The Minister must cause to be published in the
Government Gazette a notice of the making of
an agreement under subsection (1).
(3) The notice must--
(a) state that an agreement has been made; and
(b) specify an address of a Government Internet
site at which the agreement is published.
(4) The Minister or a public entity designated by
the Minister must cause an agreement that is
the subject of a notice under subsection (2) to
be published on the Government Internet site
specified in the notice.
17
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 2--The West Gate Tunnel Agreement
(5) An amendment under subsection (1) comes into
operation--
(a) on the day the notice under subsection (2)
is published in the Government Gazette; or
(b) if a later day is specified in the agreement,
on that later day.
(6) In this section--
amend includes--
(a) a variation; or
(b) an addition; or
(c) a substitution; or
(d) a cancellation; or
(e) a revocation--
but does not include a modification.
14 Modification of West Gate Tunnel Agreement
(1) The State may direct that changes be made to
all or any of the provisions of the West Gate
Tunnel Agreement that are necessary to make
a modification.
(2) The Minister must cause to be published in the
Government Gazette a notice of a modification
being made in accordance with subsection (1).
(3) The notice must--
(a) state that a modification has been made; and
(b) specify an address of a Government Internet
site on which the modification is published.
(4) The Minister or a public entity designated by
the Minister must cause a modification that is
the subject of a notice under subsection (2) to
be published on the Government Internet site
specified in the notice.
18
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 2--The West Gate Tunnel Agreement
(5) A modification under subsection (1) comes into
operation--
(a) when the notice under subsection (2) is
published in the Government Gazette; or
(b) if a later day is specified in the direction
of a modification, on that later day.
15 Revocation
(1) An amending agreement made after the
commencement of this section may be revoked
wholly or in part by a resolution of both Houses
of the Parliament being passed within 6 sitting
days of a copy of the amending agreement being
laid before each House of the Parliament.
(2) If an amending agreement is not laid before
a House of the Parliament within the period
required by section 12(2), the amending
agreement is taken to be revoked on the day
immediately following the end of that period.
(3) The Minister must cause to be published in the
Government Gazette a notice of the revocation
of the amending agreement.
16 Effect of revocation of amending agreement
If an amending agreement is revoked under
section 15--
(a) a provision of the West Gate Tunnel
Agreement that had been cancelled or
revoked by the amending agreement, or by
the part of the amending agreement that is
revoked, is revived as from the beginning of
the day on which the amending agreement or
part was revoked; and
19
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 2--The West Gate Tunnel Agreement
(b) a provision of the West Gate Tunnel
Agreement that had been amended
(otherwise than by cancellation or
revocation) by the amending agreement,
or by the part of the amending agreement
that is revoked, takes effect without that
amendment as from the beginning of the
day on which the amending agreement, or
part, was revoked as if the amendment had
not been made.
Division 2--Giving effect to the West Gate
Tunnel Agreement
17 Act to prevail over West Gate Tunnel Agreement
If a provision of the West Gate Tunnel Agreement
is inconsistent with a provision of this Act, the
provision of this Act prevails.
18 Enforcement of West Gate Tunnel Agreement
(1) The West Gate Tunnel Agreement may be
enforced only by or on behalf of the State or
another party to the West Gate Tunnel Agreement
or a successor or assignee of another party to the
West Gate Tunnel Agreement.
(2) Neither the State nor a public authority is liable
for the acts or omissions of--
(a) any other party to the West Gate Tunnel
Agreement; or
(b) a licensee for the West Gate Tunnel Project
within the meaning of the Major Transport
Projects Facilitation Act 2009; or
(c) a lessee in relation to the West Gate Tunnel
Project within the meaning of the Major
Transport Projects Facilitation Act 2009;
or
20
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 2--The West Gate Tunnel Agreement
(d) any employee or contractor of that other
party, licensee or lessee.
21
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
Part 3--Tolls
Division 1--Preliminary
19 Declaration of relevant West Gate Tunnel
Corporation
(1) The West Gate Tunnel Corporation and the
Minister, by notice published in the Government
Gazette, may jointly declare that another person is
the relevant West Gate Tunnel Corporation for the
purposes of this Part other than Division 2.
(2) A notice under subsection (1) 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.
20 Authorised persons
The relevant West Gate Tunnel Corporation may,
in writing, authorise a person to carry out
functions under this Part.
Division 2--Fixing, charging and administration
of tolls
21 Relevant West Gate Tunnel Corporation may fix,
charge and collect tolls
The relevant West Gate Tunnel Corporation may
fix, charge and collect tolls for the use of a
vehicle in a toll zone and toll administration fees
if it is done in accordance with this Act and the
West Gate Tunnel Agreement.
22 Fixing of tolls and toll administration fees
(1) The relevant West Gate Tunnel Corporation in
accordance with this Act and the West Gate
Tunnel Agreement by notice published in the
Government Gazette may--
22
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(a) specify toll zones on the West Gate Tunnel
tollway; and
(b) fix tolls that are payable in respect of the use
of vehicles in toll zones; and
(c) in the case that the West Gate Tunnel
Agreement expressly provides for the
fixing of toll administration fees that are
payable to the relevant West Gate Tunnel
Corporation and specification of the
circumstances in which the fees are payable,
fix toll administration fees and specify
circumstances in which the fees are payable.
(2) A notice under subsection (1) may specify
different tolls and toll administration fees in
respect of different cases or classes of cases
including different zones or groups of zones,
different classes of vehicle and the use of
different vehicles at different times or any
combination of these.
(3) A notice under subsection (1) takes effect on the
day that it is published in the Government Gazette
or, if a later day is specified in the notice, on that
later day.
(4) A day fixed under subsection (3) in relation to
the West Gate Tunnel tollway or a part of the
West Gate Tunnel tollway must be on or after the
day fixed under section 23 for the commencement
of tolling on the West Gate Tunnel tollway or that
part of the West Gate Tunnel tollway.
(5) In any proceedings under this Part, the production
of a Government Gazette purporting to contain
a notice is evidence of the valid publication of
the notice and of the fixing of the toll or toll
administration fee in accordance with this Act
and the West Gate Tunnel Agreement.
23
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
Division 3--Charge and collection of tolls
23 Commencement of tolling
(1) The Governor in Council may, by Order
published in the Government Gazette, fix a
day for the commencement of tolling on the
West Gate Tunnel tollway or part of the
West Gate Tunnel tollway.
(2) A day fixed under subsection (1) must be
determined in accordance with this Act
and the West Gate Tunnel Agreement.
24 Liability to pay toll and toll administration fees
(1) Subject to this Part, a person who is the driver of
a vehicle used in a toll zone is liable to pay to the
relevant West Gate Tunnel Corporation--
(a) the toll charged by the relevant West Gate
Tunnel Corporation for that use; and
(b) the relevant toll administration fee charged
by the relevant West Gate Tunnel
Corporation.
(2) The following persons are taken to be the driver
of a vehicle used in a toll zone for the purposes
of subsection (1)--
(a) the operator of the vehicle;
(b) in the case of a vehicle that is attached to a
trailer and the operator of the vehicle cannot
be identified by a tolling device, the operator
of the trailer.
(3) This section does not apply in respect of the use
in a toll zone of a vehicle in accordance with a
tollway billing arrangement.
24
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
25 Toll administration fee not payable for certain
vehicles
A toll administration fee under section 24 is not
payable in respect of a vehicle that--
(a) is registered with the relevant West Gate
Tunnel Corporation; or
(b) under the regulations is exempt from the
payment of tolls.
26 Operator not liable if effective statement made
(1) The operator of a vehicle or a trailer is not liable
to pay a toll or toll administration fee under
section 24 if the operator gives an authorised
person--
(a) an illegal user statement; or
(b) a known user statement; or
(c) a sold vehicle statement--
and the authorised person accepts the statement as
an effective statement in relation to the vehicle or
the trailer for the purposes of this Part.
(2) A statement under subsection (1) must be given to
the authorised person within 28 days of a request
for payment of a toll and toll administration fee
being made of the operator of the vehicle or
trailer.
(3) An authorised person may accept an illegal
user statement as an effective statement if the
authorised person is satisfied of the matters,
and any reasons set out in support of those
matters, stated in the statement.
25
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(4) An authorised person may accept a known user
statement or a sold vehicle statement as an
effective statement if it contains the following
information about the person nominated in the
statement as the responsible person in relation to
the vehicle or trailer concerned--
(a) in the case of an individual--
(i) the individual's full name and current
home address; and
(ii) either of the following--
(A) the individual's date of birth; or
(B) the number of the licence or
permit authorising the individual
to drive and if the licence
or permit was issued by a
corresponding body, the name
of that body;
(b) in the case of a person other than an
individual--
(i) the person's full name and current
address; and
(ii) if applicable, the person's Australian
Business Number or Australian
Company Number;
(c) the reasons for nominating an individual
under paragraph (a) or a person under
paragraph (b);
(d) any other prescribed information.
(5) An authorised person may accept a known user
statement or a sold vehicle statement that does not
contain the information under subsection (4) as an
effective statement if the authorised person is
satisfied that it contains sufficient information for
the nominated person to be identified and located.
26
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(6) In any proceedings for the recovery of a toll
or relevant toll administration fee, an effective
statement that is a known user statement or a
sold vehicle statement is evidence that the
person named in the statement was the driver of
the vehicle or operator of the trailer at all the
relevant times relating to the matter specified in
the statement, if the proceedings are--
(a) against the person named in the statement;
and
(b) in respect of the matter named in the
statement.
27 Cancellation of authorised person's acceptance of
statement as effective
(1) An authorised person may cancel the acceptance
of a known user statement or a sold vehicle
statement as an effective statement if--
(a) the person nominated in the statement as
being the responsible person gives the
authorised person within the prescribed
period a nomination rejection statement; and
(b) the authorised person is satisfied, having
regard to the matters stated in the nomination
rejection statement, that the nomination was
incorrect.
(2) If the acceptance of a statement as an effective
statement is cancelled under subsection (1)--
(a) the statement ceases to be an effective
statement for the purposes of this Part and
cannot be used by an authorised person to
make a tolling nomination statement; and
(b) the operator who would, but for the
statement, have continued to be the
responsible person in relation to the vehicle
27
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
or the trailer becomes again the responsible
person.
28 Offence to provide false or misleading information
(1) A person must not in a relevant statement provide
information that the person knows to be false or
misleading.
Penalty: 60 penalty units.
(2) In this section relevant statement means an illegal
user statement or a known user statement or a sold
vehicle statement or a nomination rejection
statement.
29 Charging of tolls
(1) The relevant West Gate Tunnel Corporation
may request the payment of a toll for the use
of a vehicle in a toll zone and any relevant toll
administration fee from--
(a) the operator of the vehicle; and
(b) in the case that the vehicle is attached to a
trailer and the operator of the vehicle cannot
be identified by a tolling device, the operator
of the trailer; and
(c) the person nominated in a known user
statement or a sold vehicle statement that
is an effective statement.
(2) A request for payment must--
(a) be in writing; and
(b) identify separately each use for which a toll
or a toll administration fee is payable.
30 Tolling device is not surveillance device
A tolling device used in accordance with this Act
and the West Gate Tunnel Agreement is not a
surveillance device within the meaning of the
Surveillance Devices Act 1999.
28
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
31 Minimum debt recovery requirements
(1) The Minister may specify the requirements to be
met by the relevant West Gate Tunnel Corporation
when taking action to recover a toll or a toll
administration fee from a responsible person.
(2) The specified requirements must be published in
the Government Gazette.
Division 4--Tolling offences and registration
of vehicles
32 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 in respect of that
toll zone by the relevant West Gate Tunnel
Corporation at that time.
Penalty: 10 penalty units.
(2) If during the course of one trip a person commits
an offence against subsection (1), the person is
guilty of only one offence against that subsection
regardless of how many toll zones the person
drives in during the course of the trip.
(3) In a proceeding for an offence against
subsection (1), it is a defence to the charge for
the driver to prove that the driver believed on
reasonable grounds, at the time the offence is
alleged to have been committed, that the
vehicle--
(a) was registered under this Part in respect
of the relevant toll zone by the relevant
West Gate Tunnel Corporation; or
(b) was covered by a tollway billing
arrangement that was not suspended at the
time the offence is alleged to have been
committed.
29
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(4) A certificate purporting to be given by the tollway
operator certifying that, at the time the offence is
alleged to have been committed, the tollway
billing arrangement was suspended, is admissible
in evidence in any proceedings and, in the absence
of evidence to the contrary, is proof that, at that
time, the tollway billing arrangement was
suspended.
(5) In a proceeding for an offence against
subsection (1), it is a defence to the
charge for the driver to prove--
(a) that the driver received, or was issued,
an invoice in respect of the trip that is
the subject of the charge; and
(b) that the invoice was paid in full (even though
it may also have related to trips other than
the trip that is the subject of the charge) in
any manner, and within the time, permitted
by the invoice.
(6) Despite anything to the contrary in this Act or any
other Act (other than the Charter of Human Rights
and Responsibilities) during a 7-day period, unless
another period is prescribed, then during that other
period--
(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 during the course of the 7-day
period or other period (as the case requires);
and
30
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(b) only one infringement notice may be issued
in respect of an offence constituted by the
driving of any one vehicle in a toll zone
during the course of the 7-day period or
other period (as the case requires)--
regardless of how many toll zones the vehicle is
driven in during the course of the period and how
many trips the vehicle makes during the course of
the period and how many different individuals
drive the vehicle during the course of the period.
(7) For the purposes of subsection (6), a
criminal proceeding commenced against, or
an infringement notice served on, a person in
respect of an offence against subsection (1) is
to be disregarded if the charge or infringement
notice is withdrawn.
(8) Subsection (1) does not apply in respect of--
(a) a vehicle that is exempted, in accordance
with the regulations, from the requirement
to be registered under this Part; and
(b) a vehicle that under the regulations is exempt
from the payment of tolls; and
(c) a vehicle that is covered by a tollway billing
arrangement that was not suspended at the
time the offence is alleged to have been
committed.
(9) On a person being found guilty of an offence
under subsection (1), any debt that arose under
this Part as a result of the person driving in the
toll zone in the vehicle that was the subject of
the offence is extinguished.
(10) In subsection (5), invoice means a request for
the payment of a toll in respect of a trip and
any associated toll administration fee.
31
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
33 Registration of vehicles
(1) The relevant West Gate Tunnel Corporation
may register a vehicle in accordance with the
regulations (if any)--
(a) for a specified period; or
(b) until the happening of a specified event; or
(c) for an unlimited period; or
(d) in respect of all toll zones or a specified toll
zone or toll zones.
(2) A person may seek the registration under this
Part of a vehicle or more than one vehicle by
application made to the relevant West Gate
Tunnel Corporation in writing or orally or partly
in writing and partly orally.
(3) The relevant West Gate Tunnel Corporation may,
in accordance with this Part, cancel or suspend
the registration of a vehicle.
34 Ongoing registration agreements
(1) Without limiting its discretion otherwise to do so,
the relevant West Gate Tunnel Corporation may
refuse to register a vehicle if the vehicle is not the
subject of an ongoing registration agreement that
is wholly or partly in writing between the relevant
West Gate Tunnel Corporation and the person
seeking registration.
(2) Without limiting the matters for which an ongoing
registration agreement 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 conditions
of use and procedures to be followed to settle
disputes that arise under the agreement; and
32
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(c) specify the circumstances in which, and
procedures by which, the agreement, or the
registration under this Part of a vehicle that
is subject of the agreement, may be cancelled
or suspended.
(3) The agreement by a relevant West Gate Tunnel
Corporation to register a vehicle under this Part is
sufficient consideration on the part of the relevant
West Gate Tunnel Corporation for an ongoing
registration agreement.
35 Temporary registration
(1) The relevant West Gate Tunnel Corporation may
register a vehicle for a specified period of up
to 14 days without an ongoing registration
agreement being in force in respect of the vehicle.
(2) A temporary registration is subject to the
conditions of use notified to the person seeking
the registration either orally or in writing or partly
orally and partly in writing.
(3) If a temporary registration is sought on a
particular day for a period of 24 hours, the
commencement of the temporary registration
may be back-dated to a time not earlier than the
beginning of the day that is 3 days before the
day on which temporary registration is sought.
(4) If a temporary registration is sought for a
specified period (other than a period of 24 hours)
and is sought--
(a) before the end of that specified period or
within the period of 2 days immediately
following the end of that specified period; or
33
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(b) not later than 6 days after the beginning of
that specified period--
(whichever is the earlier), the commencement of
registration may be back-dated to a time not
earlier than the beginning of that specified period.
(5) The agreement by the relevant West Gate Tunnel
Corporation to register a vehicle under this Part is
sufficient consideration on the part of the relevant
West Gate Tunnel Corporation for a temporary
registration entered into under this section.
36 Information to be given in relation to ongoing
registration or temporary registration
(1) If the relevant West Gate Tunnel 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 or of
the circumstances in which the vehicle
becomes registered;
(b) the whole or that part of the licence plate
number of the vehicle that is stated to the
relevant West Gate Tunnel Corporation by
that person;
(c) an identifying number, or combination of
letters and numbers, for the registration;
(d) except in the case of a temporary
registration, the conditions of use (if any);
(e) except in the case of a temporary
registration, information about how the
registration may be cancelled or suspended;
(f) in the case of a temporary registration--
(i) the period to which the temporary
registration applies; or
34
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(ii) if the period to which the temporary
registration applies cannot be
determined at the time the information
is given, information which enables the
person to determine the period to which
the temporary registration applies;
(g) the toll zone or toll zones in respect of which
the vehicle has been or will be registered.
(2) The required information must be given--
(a) in the case of the information referred to in
subsection (1)(a), (b), (c), (f) or (g), orally or
in writing; or
(b) in any other case, in writing.
(3) The relevant West Gate Tunnel Corporation
must give any required information that it has
not given to the person seeking registration
before registering a vehicle, to that person--
(a) as soon as practicable after registering the
vehicle; and
(b) in the case of required information that must
be given in writing, by sending a notice
containing that required information to the
person by post to an address nominated by
that person within 5 business days after the
date the registration is effected.
Penalty: 100 penalty units.
37 Cancellation or suspension of registration
(1) If the relevant West Gate Tunnel Corporation
cancels or suspends the registration of a vehicle
under this Part, it must do so--
(a) by any method stated for that purpose in
an agreement relating to the vehicle; or
35
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(b) by giving notice of the cancellation or
suspension in one of the following ways--
(i) by personal service of written notice on
the person who sought the registration;
(ii) by personal service of written notice
at the last address given to the relevant
West Gate Tunnel Corporation by the
person who sought the registration
on a person who appears to be at least
16 years of age;
(iii) by written notice posted to the last
address given to the relevant West Gate
Tunnel Corporation by the person who
sought the registration;
(iv) by written notice posted to the address
of the owner of the vehicle to which the
registration applies;
(v) if the person who sought the
registration is a corporation--
(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
(B) by written notice posted to
the registered office of the
corporation.
(2) A person is taken to have been given a notice of
cancellation or suspension--
(a) under subsection (1)(b)(ii) on the next
business day after the notice was served; or
(b) under subsection (1)(b)(iii), (iv) or (v)(B)
on the third business day after the envelope
containing the notice was posted; or
36
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(c) under subsection (1)(b)(v)(A) on the day the
notice was served.
38 Offence to tamper with tolling devices
A person must not, without just cause, tamper
or interfere with a tolling device or any part of a
tolling device in a manner that in respect of the
use of a toll zone by a vehicle in which that tolling
device is or may be situated--
(a) causes incorrect information to be recorded
or transmitted; or
(b) prevents or interferes with the recording or
transmission of information.
Penalty: 10 penalty units.
39 Offence to fraudulently induce registration
(1) A person must not by fraudulent or collusive
means, or by false representation, induce the
relevant West Gate Tunnel Corporation to
register a vehicle under this Part.
Penalty: 10 penalty units.
(2) A person who seeks the right to drive a vehicle
on the West Gate Tunnel tollway must not make
a false representation to the relevant West Gate
Tunnel Corporation in seeking to do so.
Penalty: 10 penalty units.
Division 5--Tolling enforcement
40 Payment of prescribed administrative amount
(1) Subject to subsection (2), if a charge against a
person for an offence against section 32(1) is
found proven, whether or not a conviction is
recorded or a penalty imposed for that offence,
the court must make an order requiring the
person to pay to the relevant West Gate Tunnel
37
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
Corporation an amount that is the prescribed
administrative amount, if any.
(2) The court is not required to make an order under
subsection (1) if having regard to the prescribed
criteria (if any), the court is satisfied--
(a) that the person is experiencing acute
financial hardship; or
(b) that special circumstances apply to the
person.
(3) An amount required to be paid under an order
made under subsection (1) must be taken to be a
judgment debt due by the person to the relevant
West Gate Tunnel Corporation and payment of
any amount remaining unpaid under the order is to
be enforceable in the court by which it was made.
41 Relevant West Gate Tunnel Corporation or
authorised person may notify enforcement
agency of non-payment of toll
(1) If the relevant West Gate Tunnel Corporation
or an authorised person believes on reasonable
grounds that a person has committed an offence
against section 32(1), the relevant West Gate
Tunnel Corporation or the authorised person
may do any or all of the following--
(a) send a request for payment of the toll and the
toll administration fee payable in respect of
the use of the vehicle in the toll zone to any
person who appears to be liable to pay the
toll and toll administration fee; or
(b) if the toll and the toll administration fee
have not been paid in accordance with the
processes set out in the West Gate Tunnel
Agreement, notify the enforcement agency
of that belief and request the enforcement
agency--
38
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(i) to serve an infringement notice in
accordance with this Part on--
(A) the operator of the vehicle
involved in the offence; or
(B) in the case of a vehicle that is
attached to a trailer and the
operator of the vehicle cannot
be identified by a tolling device,
the operator of the trailer; or
(C) the person nominated by an
authorised person in a tolling
nomination statement; or
(ii) to commence proceedings in respect
of that offence in accordance with this
Act.
(2) Nothing in subsection (1) requires the relevant
West Gate Tunnel Corporation or an authorised
person to notify an enforcement agency of an
offence against section 32(1).
(3) If the relevant West Gate Tunnel Corporation
or an authorised person believes, on reasonable
grounds, that a vehicle that is not registered has
been driven in a toll zone in contravention of this
Part, the relevant West Gate Tunnel Corporation
may notify the enforcement agency to send a
notice of the requirement to be registered in
respect of that toll zone to the operator of the
vehicle or trailer concerned.
42 Disputes in relation to payment of tolls
(1) If the relevant West Gate Tunnel Corporation or
an authorised person has notified the enforcement
agency under section 41(1)(b), the enforcement
agency may send, by post, a request for payment
of the toll and toll administration fee payable in
respect of the use of the vehicle in the toll zone to
39
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
the operator of the vehicle or trailer to which the
offence relates.
(2) If the relevant West Gate Tunnel Corporation or
an authorised person has notified the enforcement
agency under section 41(3), the enforcement
agency may send, by post, a notice of the
requirement to be registered in respect of the toll
zone to the operator of the vehicle or trailer
concerned.
(3) If a dispute resolution process set out in an
ongoing registration agreement or established
by the relevant West Gate Tunnel Corporation
relating to the registration, or non-registration,
at a particular time of a vehicle under this Part
is in progress, proceedings (other than civil
proceedings) cannot be commenced under this
Part relating to the contravention of section 32(1)
at that time.
43 Enforcement officers
(1) An enforcement agency may authorise a person to
be an enforcement officer for the purposes of this
Part.
(2) An authorisation must be in writing and specify
the terms and conditions on which the person is
appointed.
(3) A person must not be appointed as an enforcement
officer under this section unless the person has
completed appropriate training or qualifications as
determined by the enforcement agency.
44 Identification of enforcement officers
(1) An enforcement agency must issue an identity
card to each person it authorises as an
enforcement officer.
40
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(2) The identity card issued to a person must--
(a) contain a photograph of the person; and
(b) state the full name of the person; and
(c) state that the person is an enforcement
officer for the purposes of this Part.
(3) An enforcement officer must produce the
enforcement officer's identity card for inspection
at any time during the exercise of a power under
this Part, if asked to do so.
Penalty: 10 penalty units.
(4) In any proceedings under this Act, an identity
card purporting to be issued to a person by
an enforcement agency under this section is
evidence of the appointment of that person as
an enforcement officer.
45 Power to serve an infringement notice
(1) An enforcement officer may serve or cause to
be served an infringement notice on any person
whom the enforcement officer has reason to
believe has committed an offence against
section 32(1).
(2) An offence referred to in subsection (1) for which
an infringement notice may be served is an
infringement offence within the meaning of the
Infringements Act 2006.
(3) In addition to and without limiting section 12
of the Infringements Act 2006, an infringement
notice referred to in subsection (1) may be
served by sending the infringement notice by post
addressed to--
(a) the responsible person (within the meaning
of Part 6AA of the Road Safety Act 1986)
in relation to the vehicle involved in the
offence; or
41
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(b) the person nominated in a tolling nomination
statement that has been made by an
authorised tolling person and accepted by
an enforcement official as an effective
statement under Part 6AA of the Road
Safety Act 1986.
(4) 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.
46 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
60(1) or (3), the enforcement officer may cause an
infringement notice to be served on that relevant
agency.
(2) An offence referred to in subsection (1) for which
an infringement notice may be served is an
infringement offence within the meaning of the
Infringements Act 2006.
47 Infringement penalty
(1) The infringement penalty for an offence against
section 32(1) is 1 penalty unit.
(2) The infringement penalty for an offence against
section 60(1) or (3) is 20 penalty units.
48 Additional effect of expiation
In addition to and without limiting Division 5
of Part 2 of the Infringements Act 2006, if an
infringement notice is not withdrawn and the
person pays the penalty shown in the infringement
notice--
(a) within the time stated in the notice; or
42
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(b) if the enforcement officer allows, at any time
before the service of a summons in respect of
the offence--
any debt that arose under this Part as a result of
the person driving in the toll zone on the day of
the offence in the vehicle that was the subject of
the offence is extinguished.
49 Effect of conviction for non-payment of penalty
If proceedings have been taken or continued for
an alleged offence because the person has not paid
the penalty specified in the infringement notice
and a conviction is imposed by the court, the
conviction must not be taken to be a conviction
for any purpose except in relation to--
(a) the making of the conviction itself; and
(b) subsequent proceedings that may be taken in
respect of the conviction itself, including
proceedings by way of appeal.
50 Application of Infringements Act 2006, Fines
Reform Act 2014 and Children, Youth and
Families Act 2005 procedure
(1) The procedure set out in the Infringements
Act 2006 or the Fines Reform Act 2014 or
in Schedule 3 to the Children, Youth and
Families Act 2005 may be used instead of
commencing a proceeding against--
(a) a person for an offence against section 32(1);
or
(b) a relevant agency (other than an enforcement
agency) for an offence against section 60(1)
or (3).
43
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(2) The Children, Youth and Families Act 2005
applies as if--
(a) an infringement notice under this Part were
an infringement notice within the meaning of
Schedule 3 to that Act; and
(b) an offence against section 32(1) or section
60(1) or (3) were an offence that is the
subject of an infringement notice within the
meaning of that Schedule; and
(c) the infringement penalty for the offence were
the infringement penalty for the purposes of
that Schedule.
51 Operator onus offence
An offence against section 32(1) is an operator
onus offence for the purposes of Part 6AA of the
Road Safety Act 1986.
52 Extension of time if no actual notice for offence to
drive unregistered vehicle in toll zone
(1) If an infringement notice for an offence against
section 32(1) is not served by delivering it
personally to the person to whom it was issued,
and that person is not in fact aware that it had
been issued, the person may apply to a
Magistrates' Court registrar or a Children's Court
registrar, as the case may be, to have an extension
of time of 28 days to deal with the notice in
accordance with this Act.
(2) An application under subsection (1) must--
(a) be made within 14 days of the applicant
becoming aware of the notice; and
(b) be filed with the Magistrates' Court registrar
or the Children's Court registrar, as the case
may be; and
44
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(c) be accompanied by a sworn statement in
writing or by a statutory declaration setting
out the grounds on which the extension is
sought.
(3) If an application is made under subsection (1) to a
Magistrates' Court registrar, the registrar must--
(a) refer the application to the Magistrates' Court
constituted by a magistrate; and
(b) cause a notice of the time and place of the
hearing of the application to be given or sent
to--
(i) the person who served the infringement
notice on the applicant or caused it to
be served; and
(ii) the applicant.
(4) A Magistrates' Court registrar or a Children's
Court registrar, as the case may be, may grant an
extension of time if satisfied that the person was
not in fact aware, more than 14 days before
making the application, that the infringement
notice had been issued.
53 Granting extension of time
(1) On an extension of time being granted--
(a) the infringement notice continues to have
effect, unless withdrawn under section 18
of the Infringements Act 2006, despite
the doing of any thing or the taking of any
step in relation to it under Schedule 3 to the
Children, Youth and Families Act 2005
before the extension of time was granted,
but if an enforcement order had been made
in relation to it before the extension of time
was granted and the person does not take a
relevant action in relation to the notice
45
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
within the extended period, the notice ceases
to have effect at the end of that period; and
(b) the infringement notice continues to have
effect, unless withdrawn under section 18
of the Infringements Act 2006, despite the
doing of any thing or the taking of any step
in relation to it under the Fines Reform
Act 2014 before the extension of time was
granted, but if a notice of final demand
has been served in relation to it before the
extension of time was granted and the person
does not take a relevant action in relation to
the notice within the extended period, the
notice ceases to have effect at the end of that
period; and
(c) the period specified in the infringement
notice as the period for payment of the
infringement penalty does not apply and the
extended period becomes the period in which
payment of the infringement penalty must be
made; and
(d) any infringement fine or part of an
infringement fine within the meaning of the
Fines Reform Act 2014, any infringement
penalty or part of an infringement penalty
and penalty reminder notice fee under the
Infringements Act 2006 or Schedule 3
to the Children, Youth and Families
Act 2005 that has been paid in relation to
the infringement notice must be refunded
(and the Consolidated Fund is, to the
necessary extent, appropriated accordingly),
if the person takes a relevant action in
relation to the notice within the extended
period; and
46
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(e) any of the procedures set out in the Fines
Reform Act 2014 or Schedule 3 to the
Children, Youth and Families Act 2005
that are being used for the enforcement of an
infringement fine or infringement penalty
must be discontinued and any notice of final
demand served or enforcement order made
ceases to have effect if the person takes a
relevant action in relation to the notice
within the extended period.
(2) For the purposes of subsection (1), a person who
is granted an extension of time takes a relevant
action in relation to an infringement notice if the
person--
(a) pays the whole of the penalty shown on the
infringement notice; or
(b) gives a statement under section 84BE of the
Road Safety Act 1986 to an enforcement
official within the meaning of Part 6AA of
that Act; or
(c) elects to have the matter heard and
determined in the Magistrates' Court under
Part 2 of the Infringements Act 2006, or if
the person is a child, elects to have the
matter heard and determined in the
Children's Court; or
(d) is offered a payment plan in accordance
with the Infringements Act 2006 and the
enforcement agency under that Act received
the first payment under that plan from the
person; or
(e) makes a payment arrangement in accordance
with the Fines Reform Act 2014 and the
Director receives the first payment under that
payment arrangement from the person; or
47
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(f) in the case of a person who applies under
section 22 of the Infringements Act 2006
for an internal review, is notified of a
decision in accordance with section 25(1)(b),
(c) or (d) or (2) or (2A) of that Act.
(3) If a Magistrates' Court registrar or a Children's
Court registrar, as the case may be, grants an
extension of time, an infringement notice may be
withdrawn under section 18 of the Infringements
Act 2006 even though the outstanding amount of
an infringement penalty is registered with the
Director under the Fines Reform Act 2014 or
registered under Schedule 3 to the Children,
Youth and Families Act 2005.
(4) Despite anything to the contrary in section 52
and this section or the Infringements Act 2006,
the 28 day extension period is suspended and
no step may be taken in the enforcement of an
infringement notice to which section 52 and this
section applies if a person has--
(a) applied for an internal review under
section 22 of the Infringements Act 2006
which has not been determined, until the
application is determined and the applicant
notified of the outcome; or
(b) applied for a payment plan under section 46
of the Infringements Act 2006, until--
(i) the person is notified that their
application for a payment plan has been
refused; or
(ii) in the case of a payment plan that
has been offered, the payment plan
is cancelled under section 49(2)(b)
of the Infringements Act 2006; or
48
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(iii) in the case of a payment plan that has
commenced--
(A) the payment plan is cancelled
under section 49(2)(b) of the
Infringements Act 2006; or
(B) the infringement penalty in respect
of that infringement notice is
removed from the payment plan
under section 49(2)(a) of the
Infringements Act 2006; or
(C) the person receives written
notice under section 52(2) of the
Infringements Act 2006 advising
the person that the person is in
default.
(5) Despite anything to the contrary in section 52
and this section, the 28 day extension period
is suspended and no step may be taken in the
enforcement of an infringement notice to which
section 52 and this section applies if a person
has--
(a) applied for an enforcement review under
section 32 of the Fines Reform Act 2014
which has not been determined, until the
application is determined and the applicant
notified of the outcome; or
(b) applied for a payment arrangement under
section 42 of the Fines Reform Act 2014,
until--
(i) the person is notified that the person's
application for a payment arrangement
has been refused; or
49
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(ii) in the case of a proposed payment
arrangement, the payment arrangement
does not commence, in accordance with
section 47 of the Fines Reform
Act 2014; or
(iii) in the case of a payment arrangement
that has commenced--
(A) the payment arrangement is
cancelled under section 49(2) of
the Fines Reform Act 2014; or
(B) the infringement fine in respect
of that infringement notice is
removed from the payment
arrangement under section 48 of
the Fines Reform Act 2014; or
(C) the person receives written notice
under section 56(2) of the Fines
Reform Act 2014 advising the
person that the person is in
default.
54 The Consolidated Fund
(1) Subject to section 75, any amount payable or
received under this Act in respect of an
infringement penalty and penalty reminder
notice fee in relation to an infringement notice
must be paid into the Consolidated Fund.
(2) Subject to sections 75 and 76, any amount to be
paid or refunded under this Act is payable out of
the Consolidated Fund which is, by virtue of this
section, appropriated to the necessary extent.
50
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
Division 6--Evidentiary provisions
55 Proof that vehicle driven in a toll zone
Without prejudice to any other method of proving
the relevant fact, if the fact that a vehicle was
driven or a trailer was towed in a toll zone is
relevant in proceedings for an offence against
section 32(1) or for the recovery of a debt,
evidence of that fact as indicated or determined
by--
(a) a 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 that fact.
56 Evidentiary certificates
(1) A certificate in the prescribed form purporting
to be issued by VicRoads, the Head, Transport
for Victoria or the Department of Transport or
an authorised officer certifying that on a
particular date a vehicle or trailer was registered
under the Road Safety Act 1986 in the name of
a particular person is admissible in evidence in
any proceedings and, in the absence of evidence
to the contrary, is proof that, on that date, the
person was the operator of the vehicle or trailer.
(2) A certificate or document that purports to have
been issued under a corresponding law certifying
that on a particular date a vehicle or trailer was
registered under that law in the name of a
particular person is admissible in evidence in any
proceedings and, in the absence of evidence to
the contrary, is proof that, on that date, the person
was the operator of the vehicle or trailer.
51
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(3) A certificate containing the prescribed particulars
purporting to be issued by VicRoads or the
Department of Transport or an authorised officer
certifying that on a particular date--
(a) a particular registration number was assigned
to a particular vehicle or trailer; or
(b) a particular person was entitled, or last
entitled, to use or possess a number plate
bearing a particular registration number--
is admissible in evidence in any proceedings and,
in the absence of evidence to the contrary, is proof
that on that date that registration number was
assigned to that vehicle or trailer or that person
was entitled, or last entitled, to use or possess that
number plate.
(4) A certificate or document that purports to
have been issued under any corresponding
law certifying that on a particular date--
(a) a particular registration number was assigned
under the corresponding law to a particular
vehicle or trailer; or
(b) a particular person was entitled, or last
entitled, under the corresponding law to
use or possess a number plate bearing a
particular registration number--
is admissible in evidence in any proceedings and,
in the absence of evidence to the contrary, is proof
that on that date that registration number was
assigned to that vehicle or trailer or that person
was entitled, or last entitled, to use or possess that
number plate, as the case requires.
(5) For the purposes of this section an authorised
officer is a person who is authorised or who is the
holder of a position authorised for the purposes of
this section by VicRoads.
52
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
57 Evidentiary certificates relating to tolls
A certificate in the prescribed form purporting to
be issued by the enforcement agency certifying as
to any matter related to a toll that appears in or
may be calculated from the records kept by the
enforcement agency is admissible in evidence in
any proceedings and, in the absence of evidence to
the contrary, is proof of the matter.
58 Evidentiary certificate issued by relevant West Gate
Tunnel Corporation
A certificate in the prescribed form purporting
to be issued by the relevant West Gate Tunnel
Corporation, or a person authorised by the
relevant West Gate Tunnel Corporation, certifying
any of the following matters is admissible in
evidence in any proceedings and, in the absence
of evidence to the contrary, is proof of the matters
stated in the certificate--
(a) that a specified vehicle was, or was not,
registered in respect of a specified toll
zone at a specified time;
(b) that the relevant West Gate Tunnel
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;
(c) that an agreement between a person and
the relevant West Gate Tunnel 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;
53
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(d) that a specified vehicle was, or was not,
covered by a tollway billing arrangement
at a specified time;
(e) that a tolling device was used in the
prescribed manner;
(f) that an image or message was produced
by a prescribed process;
(g) as to any other matter that appears in, or that
can be determined or calculated from, the
records kept by the relevant West Gate
Tunnel Corporation.
Division 7--Disclosure and keeping of records
59 VicRoads may disclose certain information
(1) VicRoads or a relevant person may disclose
information about a vehicle or trailer registered
under Part 2 of the Road Safety Act 1986 for
the purposes of this Part--
(a) to an enforcement agency; or
(b) to a person who is employed by, or who is
engaged to provide services for, VicRoads,
a relevant person or an enforcement agency.
(2) VicRoads or a relevant person may disclose
information about a vehicle or trailer registered
under Part 2 of the Road Safety Act 1986 for
the purpose of sending a request to a responsible
person for the payment of a toll or a toll
administration fee--
(a) to the relevant West Gate Tunnel
Corporation; or
(b) to a person who is employed by, or who is
engaged to provide services for, the relevant
West Gate Tunnel Corporation.
54
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(3) VicRoads or a relevant person may disclose
the driver licence information of a responsible
person for the purpose of taking action for the
recovery of a toll or a toll administration fee
from the responsible person in accordance with
arrangements that comply with the minimum
debt recovery requirements--
(a) to the relevant West Gate Tunnel
Corporation; or
(b) to a person who is employed by, or who is
engaged to provide services for, the relevant
West Gate Tunnel Corporation.
(4) Despite section 90N of the Road Safety
Act 1986, VicRoads or a relevant person may
disclose information under subsection (1) even if
VicRoads or the relevant person has not entered
into an information protection agreement with the
enforcement agency or the person.
(5) Sections 90N and 90Q(2) and (3) of the Road
Safety Act 1986 apply to a disclosure of
information under subsection (2) or (3) as if
it were a disclosure of information authorised
under Part 7B of that Act.
(6) In this section--
driver licence information means any of the
following information held by VicRoads
for the purpose of its licensing functions
under Part 3 of the Road Safety Act 1986--
(a) a person's name;
(b) a driver licence number;
(c) a date of birth;
(d) a telephone number;
(e) an email address;
(f) a residential address;
55
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
information protection agreement has the same
meaning as it has in section 90I of the Road
Safety Act 1986;
relevant person has the same meaning as it has in
section 90I of the Road Safety Act 1986.
60 Relevant West Gate Tunnel Corporation to keep
proper records
(1) The relevant West Gate Tunnel Corporation must
keep records that correctly record or enable the
following to be determined or calculated--
(a) whether or not the relevant West Gate
Tunnel Corporation has registered a vehicle
and, if it has so registered a vehicle--
(i) the period of that registration; and
(ii) the toll zone or toll zones in respect of
which the vehicle is registered; and
(iii) in the case of a temporary registration,
the conditions of use notified to the
person who sought the temporary
registration and the manner in which
those conditions were notified to that
person;
(b) whether, and if so what, information has
been given to a person who sought
registration of a vehicle;
(c) any cancellation or suspension by the
relevant West Gate Tunnel Corporation of a
registration and the date and time on which
that cancellation or suspension came into
operation;
(d) whether or not an ongoing registration
agreement existed or exists between the
relevant West Gate Tunnel Corporation and
a person and, if so, the period for which that
ongoing registration agreement had or has
56
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
force and the terms of that ongoing
registration agreement;
(e) any toll, fee or charge that has been paid, or
that is due, to the relevant West Gate Tunnel
Corporation under this Part and any amount
that stands to the credit of a person in respect
of any vehicle registered;
(f) whether or not a vehicle is exempted from
the requirement to be registered and any
conditions of that exemption.
Penalty: 100 penalty units.
(2) A person authorised by the Minister may enter
the offices of a relevant agency during ordinary
business hours to inspect its records required by,
or created for the purposes of, this Part.
(3) A relevant agency must not prevent a person
authorised by the Minister from carrying out
an inspection under subsection (2).
Penalty: 100 penalty units.
61 Destruction of records
(1) Subject to subsection (2), the relevant West Gate
Tunnel Corporation must cause any records it
holds in relation to the non-payment of a toll
to be destroyed within 2 years after the creation
of the records or within any shorter or longer
prescribed period.
Penalty: 100 penalty units.
(2) Subsection (1) does not apply to records that--
(a) do not identify any person or vehicle or
trailer; or
(b) are required for legal proceedings, being
proceedings which commenced before the
date on which the records would otherwise
be required to be destroyed.
57
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
Division 8--Link roaming agreements
62 Definitions
In this Division--
Link roaming agreement means an agreement
between the relevant West Gate Tunnel
Corporation and the relevant corporation
relating to the use in a Link toll zone of a
class or classes of vehicles that are registered
with the relevant West Gate Tunnel
Corporation;
Link roaming service means a service relating to
the billing and payment of amounts for tolls
and charges relating to the use in a Link toll
zone of a class or classes of vehicles that are
registered with the relevant West Gate
Tunnel Corporation;
Link toll zone means a toll zone within the
meaning of the Melbourne City Link
Act 1995;
net incremental marginal cost, in relation to a
Link roaming service, means--
(a) the additional cost to the relevant
West Gate Tunnel Corporation of
providing the Link roaming service
(net of any savings) calculated in
accordance with a determination
referred to in section 64(1); or
(b) the amount that is determined to be the
net incremental marginal cost to the
relevant West Gate Tunnel Corporation
of providing the Link roaming service
as referred to in section 64(2); or
58
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(c) if neither paragraph (a) nor (b) applies,
the additional cost to the relevant
West Gate Tunnel Corporation of
providing the Link roaming service
(net of any savings);
relevant corporation has the same meaning as it
has in section 3 of the Melbourne City Link
Act 1995.
63 Roaming fees
(1) For the duration of the concession period (within
the meaning of the West Gate Tunnel Agreement),
the fee or charge that may be imposed by the
relevant West Gate Tunnel Corporation on
the relevant corporation under a Link roaming
agreement for the provision of a Link roaming
service must not exceed the amount that
represents the net incremental marginal cost
to the relevant West Gate Tunnel Corporation
of providing that Link roaming service.
(2) Any agreement or arrangement existing on or
after the commencement of this section that is
inconsistent with subsection (1) is void to the
extent of the inconsistency.
64 Determination of net incremental marginal cost
(1) The Secretary may, by notice published in the
Government Gazette, determine the method and
criteria to be used for calculating the additional
cost to the relevant West Gate Tunnel Corporation
of providing a Link roaming service.
(2) The Secretary, on the joint application of the
relevant West Gate Tunnel Corporation and
the relevant corporation, may, by notice
published in the Government Gazette, determine
an amount to be the net incremental marginal
cost to the relevant West Gate Tunnel Corporation
of providing a Link roaming service.
59
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(3) A determination of an amount to be the net
incremental marginal cost may provide for the
amount to be a variable amount to be determined
in accordance with an agreement existing at the
date of the determination between the relevant
West Gate Tunnel Corporation and the relevant
corporation.
(4) The Secretary must not make a determination of
an amount to be the net incremental marginal cost
unless the Secretary is satisfied that the amount to
be determined has been agreed to by the relevant
West Gate Tunnel Corporation and the relevant
corporation.
(5) On the publication in the Government Gazette of
any determination under this section, any existing
determination under this section is revoked.
Division 9--Effect of certain provisions of the
Major Transport Projects Facilitation Act 2009
65 Designation of project contractor
A project contractor may be designated under
section 7 of the Major Transport Projects
Facilitation Act 2009 in relation to the West Gate
Tunnel Project even though it was the State rather
than the project authority that entered into the
West Gate Tunnel Agreement with the project
contractor.
66 Declaration or revocation of declaration as a road
(1) The revocation under section 194 of the Major
Transport Projects Facilitation Act 2009 of a
declaration under section 193 of that Act in
respect of part of the land in the West Gate Tunnel
tollway is not to be taken to affect any toll zone
specified in relation to that part of the land which
is the subject of that part of the declaration that
has not been revoked.
60
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 3--Tolls
(2) On the revocation of a declaration under
section 193 of the Major Transport Projects
Facilitation Act 2009 in respect of a part of the
West Gate Tunnel tollway, any reference to the
West Gate Tunnel tollway in a notice of a toll
zone specified under this Part to the extent that it
relates to any period on or after the revocation is
taken not to include any land that was the subject
of the revocation.
(3) If the declaration of the West Gate Tunnel
tollway as a road is revoked and remade under
sections 193 and 194 of the Major Transport
Projects Facilitation Act 2009, any notices
in relation to toll zones existing before the
revocation are to continue in effect.
61
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 4--Administration, legal proceedings and enforcement
Part 4--Administration, legal proceedings
and enforcement
Division 1--Use of statutory powers and functions
for the West Gate Tunnel Project
67 Governor in Council may require bodies to act
(1) The Governor in Council, by Order published
in the Government Gazette, may require a
Department Head, a public authority or a
Council--
(a) to carry out functions in relation to the
West Gate Tunnel Project area or anything
done or to be done in that area; and
(b) to carry out those functions within a period
specified in the Order.
(2) If a function relates to the giving of statutory
approval, a requirement under subsection (1)
cannot fix a shorter time or time limit to that
prescribed by or under an Act.
(3) The Department Head, public authority or
Council must comply with a requirement
under subsection (1).
(4) A requirement under subsection (1) applies
despite anything to the contrary in any other
Act or law other than the Charter of Human
Rights and Responsibilities.
68 Powers of certain bodies extended
A Minister, a Department Head, a public authority
or a Council is taken to have any powers that are
necessary to enable the Minister, the Department
Head, the public authority or the Council--
62
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 4--Administration, legal proceedings and enforcement
(a) to comply with any direction under or
requirement of this Act or the regulations; or
(b) to do any other thing that is necessary or
convenient to be done for the purposes
of the West Gate Tunnel Project.
Division 2--Emergency management
69 Emergency management
(1) The West Gate Tunnel Corporation is taken to be
a government agency for the purposes of Part 5
of the Emergency Management Act 1986.
(2) Subsection (1) does not prevent the West Gate
Tunnel Corporation from receiving compensation
under section 24 of the Emergency Management
Act 1986 for the taking and use of the West Gate
Tunnel Corporation's property under that section.
Division 3--No liability for obstruction of rivers
70 No liability for obstruction of rivers
No action lies against the West Gate Tunnel
Corporation, or a licensee or lessee under the
Major Transport Projects Facilitation Act 2009
for the West Gate Tunnel Project, for or in respect
of any obstruction to the navigation of any river
occasioned or alleged to be occasioned by--
(a) the West Gate Tunnel tollway or its
associated structures or facilities; or
(b) any construction work carried out in
connection with the West Gate Tunnel
Project.
63
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 4--Administration, legal proceedings and enforcement
Division 4--Service of documents
71 Service of documents
(1) If a notice or other document is required or
permitted to be served on any person under this
Act or the regulations, the notice or other
document may, unless the contrary intention
appears, be served in or out of Victoria--
(a) by delivering it personally to the person; or
(b) by leaving it at the usual or last known place
of residence or business of the person with a
person apparently over the age of 16 years
and apparently residing at that place or (in
the case of a place of business) apparently in
charge of or employed at that place; or
(c) by sending it by post, addressed to the
person at the usual or last known place of
residence or business of that person; or
(d) if the person has given an address to an
enforcement agency or the relevant
West Gate Tunnel Corporation that is not
the person's place of residence or business,
by sending it by post addressed to the person
at that address.
(2) This section does not apply to the service of
infringement notices for offences against
section 32(1) or section 60(1) or (3) or the
service of notices in relation to the cancellation
or suspension of registration under section 37.
Division 5--Proceedings for offences
72 Proceedings for offences under Part 3
(1) A proceeding for an offence under Part 3 may
only be commenced by--
(a) a police officer; or
64
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 4--Administration, legal proceedings and enforcement
(b) an enforcement agency; or
(c) a person authorised by the Minister.
(2) The Minister may authorise a person to commence
a proceeding for an offence against Part 3.
73 Extension of period for commencing prosecution for
summary offences
Despite section 7 of the Criminal Procedure
Act 2009, proceedings for an offence against
section 32(1) may be commenced not more than
15 months after the commission of the alleged
offence.
65
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 5--The Better Freight Outcomes Fund
Part 5--The Better Freight Outcomes Fund
74 Better Freight Outcomes Fund
There must be established in the Public Account
as part of the Trust Fund an account to be known
as the Better Freight Outcomes Fund.
75 Payments into the Fund
There must be paid into the Better Freight
Outcomes Fund--
(a) all money directed or authorised to be paid
into the Fund by or under this or any other
Act; and
(b) all infringement penalties and penalty
reminder notice fees that have been paid
in relation to an infringement notice issued
in respect of an offence against section
65BA(1) of the Road Safety Act 1986.
76 Payments out of the Fund
There must be paid out of the Better Freight
Outcomes Fund--
(a) amounts authorised by the Minister in
consultation with the Treasurer to fund
the cost of all or any of--
(i) transport programs for any local
community the Minister considers
may be affected by increased use of
roads by heavy vehicles as a result of
the West Gate Tunnel project; and
(ii) transport projects for any local
community the Minister considers
may be affected by increased use of
roads by heavy vehicles as a result of
the West Gate Tunnel project; and
66
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 5--The Better Freight Outcomes Fund
(b) all money directed or authorised to be paid
out of the Fund by or under this or any other
Act; and
(c) amounts authorised by the Minister to fund
the cost of administering the Better Freight
Outcomes Fund.
67
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 6--Regulations
Part 6--Regulations
77 Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) prescribing requirements with respect to
placing notices on or in the vicinity of the
West Gate Tunnel tollway outside a toll
zone and prescribing the information to be
provided by those notices;
(b) prescribing as a tolling device any system,
equipment or thing (including any equipment
or thing to be placed in or on a vehicle) for
recording the use of a vehicle or a trailer in a
toll zone;
(c) prescribing the manner in which the tolling
devices are to be installed, set up, tested,
operated, used, maintained or repaired;
(d) prescribing the manner in which information
from the 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;
(e) exempting from the payment of tolls and toll
administration fees vehicles or classes of
vehicle that under the West Gate Tunnel
Agreement may be exempted from the
payment of tolls and toll administration fees;
(f) the registration of vehicles and the
exemption by the relevant West Gate Tunnel
Corporation of vehicles from the requirement
to be registered;
(g) prescribing methods of recording the
payment of tolls;
68
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 6--Regulations
(h) prescribing the period in which records in
relation to the non-payment of a toll are to
be destroyed;
(i) prescribing fees;
(j) prescribing a period of time for the
purposes of section 32(6);
(k) prescribing an amount for the purposes of
section 40(1);
(l) prescribing criteria for the purposes of
section 40(2);
(m) generally any other matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to
this Act.
(2) The regulations--
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstances; and
(c) may confer a discretionary authority or
impose a duty on a specified person or
class of person; and
(d) may exempt specified persons or things or
classes of persons or things from complying
with all or any of the regulations, whether
unconditionally or on specified conditions
and either wholly or to such an extent as is
specified.
(3) A power conferred by this Act to make
regulations prescribing fees may be exercised by
providing for all or any of the following matters--
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
69
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 6--Regulations
(d) the payment of fees either generally or
under specified conditions or in specified
circumstances;
(e) the payment of fees by a specified manner
of payment.
(4) The Governor in Council may make regulations
containing provisions of a transitional nature,
including matters of an application and savings
nature, arising as a result of the enactment of this
Act, including any repeals and amendments made
as a result of the enactment of this Act.
(5) Regulations made under subsection (4) may
have a retrospective effect to a day on or after
the commencement of this section.
(6) To the extent that regulations made under
subsection (4) have a retrospective effect,
the regulations do not operate so as--
(a) to affect, in a manner prejudicial to any
person, the rights of that person existing
before the date of the regulations coming
into operation; or
(b) to impose liabilities on any person in respect
of anything done or omitted to be done
before the date of the regulations coming
into operation.
(7) Regulations made under subsection (4) have effect
despite anything to the contrary in any Act (other
than this Act or the Charter of Human Rights and
Responsibilities or in any subordinate instrument).
78 Repeal of transitional regulation making powers
Section 77(4), (5), (6) and (7) are repealed on
the first anniversary of the commencement of
section 77.
70
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
Part 7--Consequential amendments
to other Acts and
repeal of amending Part
Division 1--Accident Towing Services Act 2007
79 Definitions
(1) In section 3(1) of the Accident Towing Services
Act 2007, in the definition of designated road,
after paragraph (ca) insert--
"(cb) the West Gate Tunnel tollway;".
(2) In section 3(1) of the Accident Towing Services
Act 2007, in the definition of limited tow truck
licence, for "section 10(2) or 10(3) or a heavy
tow truck licence issued under section 11(2)
or 11(3)" substitute "section 10(2), 10(3) or
10(4) or a heavy tow truck licence issued under
section 11(2), 11(3) or 11(4)".
(3) In section 3(1) of the Accident Towing Services
Act 2007, in the definition of VicRoads, for
"2010." substitute "2010;".
(4) In section 3(1) of the Accident Towing Services
Act 2007 insert the following definitions--
"relevant West Gate Tunnel agency means the
West Gate Tunnel Corporation or the
West Gate Tunnel operator within the
meaning of the West Gate Tunnel (Truck
Bans and Traffic Management) Act 2019;
West Gate Tunnel Corporation has the same
meaning as it has in the West Gate Tunnel
(Truck Bans and Traffic Management)
Act 2019;
71
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
West Gate Tunnel tollway has the same meaning
as it has in the West Gate Tunnel (Truck
Bans and Traffic Management)
Act 2019.".
80 Power to issue regular tow truck licences
(1) In section 10(1) of the Accident Towing
Services Act 2007, for "(2) and (3)"
substitute "(2), (3) and (4)".
(2) After section 10(3) of the Accident Towing
Services Act 2007 insert--
"(4) In the case of a licence authorised by the
Minister to be issued under section 14(2)(f),
VicRoads may license the relevant
West Gate Tunnel agency or contractor
(as the case requires) to operate a tow truck
that is specified in the licence on the
West Gate Tunnel tollway or on any other
designated road specified in the licence, in
the course of conducting an accident towing
service business--
(a) to provide accident towing services to
vehicles of any gross vehicle mass that
the tow truck is capable of towing; and
(b) from the depot specified in the licence;
and
(c) on the whole or any part of the
West Gate Tunnel tollway, as
specified in the licence, or on any
other designated road that is specified
in the licence.".
72
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
81 Power to issue heavy tow truck licences
After section 11(3) of the Accident Towing
Services Act 2007 insert--
"(4) In the case of a licence authorised by the
Minister to be issued under section 15(2)(f),
VicRoads may license the relevant
West Gate Tunnel agency or contractor
(as the case requires) to operate a tow truck
that is specified in the licence, in the course
of conducting an accident towing service
business--
(a) to provide accident towing services to
vehicles that the tow truck is capable
of towing that have a gross vehicle
mass of 4 tonnes or more; and
(b) from the depot specified in the licence;
and
(c) on the whole or any part of the
West Gate Tunnel tollway, as
specified in the licence, or on any
other designated road that is specified
in the licence.".
82 Issue of new licences and re-issue of certain limited
licences
In section 12(2) of the Accident Towing Services
Act 2007--
(a) for "or 13(3)" substitute ", 13(3) or 13(4)";
(b) for "section 10(2) or 10(3), or 11(2)
or 11(3)" substitute "section 10(2),
10(3) or 10(4), or 11(2), 11(3) or 11(4)".
73
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
83 Period for which licence remains in force
After section 13(3) of the Accident Towing
Services Act 2007 insert--
"(4) If a limited tow truck licence held by a
relevant West Gate Tunnel agency or a
contractor ceases to be held by the relevant
West Gate Tunnel agency or contractor,
the licence ceases to be in force.".
84 Ministerial authorisation for the issue of regular
tow truck licences
(1) In section 14(2)(d) of the Accident Towing
Services Act 2007--
(a) after "to enable the relevant agency" insert
"or person contracted to the relevant
agency";
(b) after "within the meaning of that Act" insert
"or under any other agreement between the
State and the relevant agency that makes
provision with respect to towing services on
the Link road or the Extension road or any
other designated road".
(2) In section 14(2)(e) of the Accident Towing
Services Act 2007--
(a) after "to enable the Freeway Corporation"
insert "or person contracted to the Freeway
Corporation";
(b) for "within the meaning of that Act."
substitute "within the meaning of that Act
or under any other agreement between the
State and the Freeway Corporation that
makes provision with respect to towing
services on the EastLink or any other
designated road; or".
74
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(3) After section 14(2)(e) of the Accident Towing
Services Act 2007 insert--
"(f) in the case of the West Gate Tunnel tollway,
the licences are to be issued to--
(i) a relevant West Gate Tunnel agency; or
(ii) a person who is contracted by the
relevant West Gate Tunnel agency to
provide accident towing services for
the whole or a part of the West Gate
Tunnel tollway--
and the Minister is of the opinion that the
issue of the licences is necessary to enable
the relevant West Gate Tunnel agency or
person contracted to the relevant West Gate
Tunnel agency to perform its obligations,
exercise its rights or carry out its functions
under this Act or the West Gate Tunnel
(Truck Bans and Traffic Management)
Act 2019 or regulations made under this
Act or that Act or the West Gate Tunnel
Agreement within the meaning of that Act or
under any other agreement between the State
and the relevant West Gate Tunnel agency
that makes provision with respect to towing
services on the West Gate Tunnel tollway or
any other designated road.".
(4) In section 14(5) of the Accident Towing Services
Act 2007, for "(2)(d) or (2)(e)" substitute "(2)(d),
(2)(e) or (2)(f)".
85 Ministerial authorisation for the issue of heavy tow
truck licences
(1) In section 15(2)(d) of the Accident Towing
Services Act 2007--
(a) after "to enable the relevant agency" insert
"or person contracted to the relevant
agency";
75
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(b) after "within the meaning of that Act" insert
"or under any other agreement between the
State and the relevant agency that makes
provision with respect to towing services on
the Link road or the Extension road or any
other designated road".
(2) In section 15(2)(e) of the Accident Towing
Services Act 2007--
(a) after "to enable the Freeway Corporation"
insert "or person contracted to the Freeway
Corporation";
(b) for "within the meaning of that Act."
substitute "within the meaning of that Act or
under any other agreement between the State
and the Freeway Corporation that makes
provision with respect to towing services on
the EastLink or any other designated road;
or".
(3) After section 15(2)(e) of the Accident Towing
Services Act 2007 insert--
"(f) in the case of the West Gate Tunnel tollway,
the licences are to be issued to--
(i) a relevant West Gate Tunnel agency; or
(ii) a person who is contracted by the
relevant West Gate Tunnel agency to
provide accident towing services for
the whole or a part of the West Gate
Tunnel tollway--
and the Minister is of the opinion that the
issue of the licences is necessary to enable
the relevant West Gate Tunnel agency or
person contracted to the relevant West Gate
Tunnel agency to perform its obligations,
exercise its rights or carry out its functions
under this Act or the West Gate Tunnel
(Truck Bans and Traffic Management)
76
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
Act 2019 or regulations made under this
Act or that Act or the West Gate Tunnel
Agreement within the meaning of that Act or
under any other agreement between the State
and the relevant West Gate Tunnel agency
that makes provision with respect to towing
services on the West Gate Tunnel tollway or
any other designated road.".
(4) In section 15(4) of the Accident Towing Services
Act 2007, for "(2)(d) or (2)(e)" substitute "(2)(d),
(2)(e) or (2)(f)".
86 Transfer of tow truck licence to another person
(1) In section 29(2)(d) of the Accident Towing
Services Act 2007, for "Corporation." substitute
"Corporation; and".
(2) After section 29(2)(d) of the Accident Towing
Services Act 2007 insert--
"(e) in the case of a licence issued under
section 10(4) or 11(4), is a relevant
West Gate Tunnel agency or a person
who is contracted to provide accident
towing services to the relevant West Gate
Tunnel agency.".
87 Allocation offences in controlled areas
(1) In section 42(3)(b)(i) of the Accident Towing
Services Act 2007, for "on the Link road or
Extension road, the tow truck driver is authorised
by the relevant corporation (within the meaning of
the Melbourne City Link Act 1995)" substitute
"on the Link road or Extension road or a
designated road, the tow truck driver is authorised
by the relevant corporation (within the meaning of
the Melbourne City Link Act 1995) or a person
who is contracted by a relevant agency to provide
accident towing services for the whole or a part of
the Link road or Extension road".
77
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(2) In section 42(3)(b)(ii) of the Accident Towing
Services Act 2007, for "on EastLink, the tow
truck driver is authorised by the Freeway
Corporation within the meaning of the EastLink
Project Act 2004" substitute "on EastLink or a
designated road, the tow truck driver is authorised
by the Freeway Corporation within the meaning
of the EastLink Project Act 2004 or a person
contracted to provide accident towing services
for the whole or a part of EastLink".
(3) After section 42(3)(b)(iia) of the Accident
Towing Services Act 2007 insert--
"(iib) in the case of a road accident scene that
is on the West Gate Tunnel tollway or a
designated road, the tow truck driver is
authorised by the relevant West Gate Tunnel
agency or a person contracted to provide
accident towing services for the whole or
a part of the West Gate Tunnel tollway to
attend road accident scenes on that road; or".
Division 2--Children, Youth and Families Act 2005
88 Application for registration of infringement penalty
(1) In clause 3(2)(m) of Part 2 of Schedule 3 to the
Children, Youth and Families Act 2005, for
"in the offence." substitute "in the offence; and".
(2) After clause 3(2)(m) of Part 2 of Schedule 3 to
the Children, Youth and Families Act 2005
insert--
"(n) if the infringement notice was issued in
respect of an offence under section 32(1) of
the West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019, the child
was at the time of the alleged offence the
responsible person (within the meaning of
Part 6AA of the Road Safety Act 1986) in
78
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
relation to the vehicle involved in the
offence.".
89 Decision to go to Court
(1) In clause 17(1)(e) of Part 4 of Schedule 3 to the
Children, Youth and Families Act 2005, for
"or the EastLink Project Act 2004" substitute
", the EastLink Project Act 2004 or the
West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019".
(2) For clause 17(1)(f) of Part 4 of Schedule 3 to
the Children, Youth and Families Act 2005
substitute--
"(f) if a nomination of a kind specified in
paragraph (e) is made and subsequently
cancelled under section 84BF(1) of the Road
Safety Act 1986 so that liability reverts to
the person who made the nomination--
(i) for an offence committed under
the Road Safety Act 1986, within
6 months after the date of cancellation
of the nomination or 12 months after
the date of the alleged offence
(whichever is the earlier); or
(ii) for an offence committed under
section 204 of the EastLink Project
Act 2004, section 73 of the Melbourne
City Link Act 1995 or section 32 of
the West Gate Tunnel (Truck Bans
and Traffic Management) Act 2019,
within 6 months after the date of
cancellation of the nomination or
15 months after the date of the alleged
offence (whichever is the earlier); or".
(3) In clause 17(1)(g) of Part 4 of Schedule 3 to
the Children, Youth and Families Act 2005,
for "12 months" substitute "15 months".
79
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(4) In clause 17(1)(h) of Part 4 of Schedule 3 to the
Children, Youth and Families Act 2005--
(a) for "12 months" substitute "15 months";
(b) for "earlier)." substitute "earlier); or".
(5) After clause 17(1)(h) of Part 4 of Schedule 3 to
the Children, Youth and Families Act 2005
insert--
"(i) subject to paragraph (e), if the offence is
against section 32(1) of the West Gate
Tunnel (Truck Bans and Traffic
Management) Act 2019, within 6 months
after the date of service of the infringement
notice under section 45(1) of that Act or
15 months after the date of the alleged
offence (whichever is the earlier).".
90 Statute law revision
(1) In section 3(1) of the Children, Youth and
Families Act 2005, in the definition of
Category B serious youth offence, after
"following sections" insert "of".
(2) In section 356(9) of the Children, Youth and
Families Act 2005, after "operation of" insert
"section".
(3) In section 362(1)(g)(ii) of the Children, Youth
and Families Act 2005, for "so." substitute
"so; and".
(4) In the heading to Part 1 of Chapter 7A of the
Children, Youth and Families Act 2005,
for "1" substitute "7A.1".
80
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
Division 3--Criminal Procedure Act 2009
91 Definitions
In section 3 of the Criminal Procedure Act 2009,
in the definition of traffic camera offence--
(a) in paragraph (c), for "that Act;" substitute
"that Act; or";
(b) after paragraph (c) insert--
"(d) an offence under the West Gate
Tunnel (Truck Bans and Traffic
Management) Act 2019 that is
detected by a tolling device or process
prescribed for the purposes of Part 3 of
that Act;".
Division 4--EastLink Project Act 2004
92 Definitions
(1) In section 3(1) of the EastLink Project Act 2004,
for the definition of illegal user statement
substitute--
"illegal user statement, in relation to the use of
a vehicle or trailer, means a statement in
writing made by a person with respect to the
vehicle or trailer to the effect that the person
believes that at the relevant time the vehicle
or trailer was a stolen vehicle or trailer or
that the number plates displayed on the
vehicle or trailer were stolen;".
(2) In section 3(1) of the EastLink Project Act 2004,
for the definition of known user statement
substitute--
"known user statement, in relation to the use
of a vehicle or trailer, means a statement
in writing made by a person--
81
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(a) to the effect that the person was not
driving at the relevant time, or did not
at that time have possession or control
of, the vehicle or trailer or the vehicle
to which the trailer was attached; and
(b) containing sufficient information to
identify and locate the person who the
person making the statement last knew
to have, before the relevant time,
possession or control of the vehicle or
trailer or the vehicle to which the trailer
was attached;".
(3) In section 3(1) of the EastLink Project Act 2004,
for the definition of nomination rejection
statement substitute--
"nomination rejection statement means a
statement in writing made by a person
nominated in a known user statement, a sold
vehicle statement or a tolling nomination
statement as being the responsible person in
respect of a vehicle or trailer to the effect
that if nominated--
(a) in a known user statement, the person
had not had possession or control of the
vehicle or trailer at the relevant time, as
stated in the known user statement; and
(b) in a sold vehicle statement, the vehicle
or trailer had not been sold or disposed
of to the person, and that no interest in
it had otherwise vested in the person, as
stated in the sold vehicle statement; and
(c) in a tolling nomination statement, the
person was not the responsible person
in relation to the vehicle or trailer at the
time of the tolling offence as stated in
the tolling nomination statement;".
82
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(4) In section 3(1) of the EastLink Project Act 2004,
for the definition of operator substitute--
"operator, in relation to a vehicle or trailer at the
time the vehicle or trailer was driven in a toll
zone, means each of the following--
(a) the registered operator of the vehicle
or trailer at that time or the person
recorded at that time on a register of
vehicles or trailers maintained under
a corresponding law as the person
responsible for the vehicle or trailer;
(b) if VicRoads under the regulations
under the Road Safety Act 1986,
or a corresponding body under a
corresponding law, has received notice
of transfer of registration of the vehicle
or trailer, the person whose name
is disclosed in the records kept by
VicRoads or the corresponding
body (as the case requires) as being
responsible for the vehicle or trailer
at that time;
(c) if the vehicle or trailer is not registered
under the Road Safety Act 1986 or a
corresponding law, the person whose
name is disclosed in the records kept
by VicRoads or the corresponding body
as being responsible for the vehicle or
trailer at that time;
(d) if the vehicle or trailer displays a
number plate--
(i) the person who, at the time at
which the registration number
borne by that number plate was
last assigned by VicRoads or a
corresponding body, was the
83
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
registered operator of, or
(if assigned by a corresponding
body) the person recorded
on a register of vehicles or
trailers maintained under the
corresponding law as the person
responsible for, the vehicle or
trailer to which that registration
number was assigned, whether
or not that vehicle or trailer is
the same as the vehicle or trailer
involved in the offence; or
(ii) the person whose name is
disclosed in the records kept by
VicRoads or a corresponding body
as being entitled, or last entitled,
at that time to use or possess that
number plate;
(e) if the vehicle or trailer displays a
general identification mark by means
of a special identification plate issued
by VicRoads under the regulations
under the Road Safety Act 1986 or
by a corresponding body under a
corresponding law, the person to
whom the mark is assigned at that
time;".
(5) In section 3(1) of the EastLink Project Act 2004,
for the definition of responsible person
substitute--
"responsible person, in relation to a vehicle or
trailer, means--
(a) the operator of the vehicle or the trailer;
or
84
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(b) the person nominated as the responsible
person in relation to the vehicle or
trailer in an effective known user
statement or an effective sold vehicle
statement;".
(6) In section 3(1) of the EastLink Project Act 2004,
for the definition of sold vehicle statement
substitute--
"sold vehicle statement, in relation to the use
of a vehicle or trailer, means a statement
in writing made by a person--
(a) to the effect that--
(i) the person had sold or otherwise
disposed of the vehicle or trailer
before the relevant time or that
any interest in the vehicle or
trailer had otherwise ceased to
be vested in the person before
that time; and
(ii) the person was not at that time
driving, or had not at that time
possession or control of, the
vehicle or trailer; and
(b) containing sufficient information to
identify and locate the person to whom
the vehicle or trailer was sold or
disposed of, or in whom an interest
in the vehicle or trailer was otherwise
vested, and the date and, if relevant,
the time of sale, disposal or vesting;".
85
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(7) In section 3(1) of the EastLink Project Act 2004
insert the following definitions--
"special circumstances has the same meaning as
it has in the Infringements Act 2006;
trailer has the same meaning as it has in the Road
Safety Act 1986;".
93 Liability to pay toll charged
In section 197(2) of the EastLink Project
Act 2004, for "the person who was the operator
of a vehicle at the time it was driven in a toll
zone" substitute "the operator of the vehicle,
or in the case of a vehicle that is attached to a
trailer and the operator of the vehicle cannot be
identified by a tolling device, the operator of the
trailer,".
94 Operator not liable if effective tolling statement
made
(1) In section 199(1) of the EastLink Project
Act 2004, for "vehicle is not liable under
section 197 to pay a toll or toll administration fee
for the use of the vehicle" substitute "vehicle or
trailer is not liable under section 197 to pay a toll
or toll administration fee for the use of the vehicle
or the trailer".
(2) In section 199(6) of the EastLink Project
Act 2004, for "driving the vehicle" substitute
"the driver of the vehicle or the operator of the
trailer".
95 Charge of toll
(1) In section 200(1)(b) of the EastLink Project
Act 2004, for "statement." substitute "statement;
and".
86
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(2) After section 200(1)(b) of the EastLink Project
Act 2004 insert--
"(c) in the case that the vehicle is attached to a
trailer and the operator of the vehicle cannot
be identified by a tolling device, the operator
of the trailer.".
96 New section 203A inserted
After section 203 of the EastLink Project
Act 2004 insert--
"203A Minimum debt recovery requirements
(1) The Minister may specify the requirements
to be met by the Freeway Corporation
when taking action to recover a toll or a toll
administration fee from a responsible person.
(2) The specified requirements must be
published in the Government Gazette.".
97 Offence to drive unregistered vehicle in toll zone
(1) For section 204(7) of the EastLink Project
Act 2004 substitute--
"(7) Despite anything to the contrary in this Act
or any other Act (other than the Charter of
Human Rights and Responsibilities) during
a 7-day period, unless another period is
prescribed, then during that other period--
(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 during the
course of the 7-day period or other
period (as the case requires); and
87
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(b) only one infringement notice may
be issued in respect of an offence
constituted by the driving of any
one vehicle in a toll zone during the
course of the 7-day period or other
period (as the case requires)--
regardless of how many toll zones the
vehicle is driven in during the course of the
period and how many trips the vehicle makes
during the course of the period and how
many different individuals drive the vehicle
during the course of the period.".
(2) In section 204(12) of the EastLink Project
Act 2004 omit "on the day of the offence".
98 Section 206B substituted
For section 206B of the EastLink Project
Act 2004 substitute--
"206B Payment of prescribed administrative
amount
(1) Subject to subsection (2), if a charge against
a person for an offence against section 204
is found proven, whether or not a conviction
is recorded or a penalty imposed for that
offence, the court must make an order
requiring the person to pay to the Freeway
Corporation an amount that is the prescribed
administrative amount, if any.
(2) The court is not required to make an order
under subsection (1), if having regard to
the prescribed criteria (if any) the court is
satisfied--
(a) that the person is experiencing acute
financial hardship; or
(b) that special circumstances apply to
the person.
88
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(3) An amount required to be paid under an
order made under subsection (1) must be
taken to be a judgment debt due by the
person to the Freeway Corporation and
payment of any amount remaining unpaid
under the order is to be enforceable in the
court by which it was made.".
99 Freeway Corporation may notify enforcement
agency of non-payment of toll
(1) For section 207(1) and (2) of the EastLink
Project Act 2004 substitute--
"(1) If the Freeway Corporation or an authorised
person believes on reasonable grounds that
a person has committed an offence against
section 204, the Freeway Corporation or the
authorised person may do any or all of the
following--
(a) send a request for payment of the toll
and toll administration fee payable in
respect of the use of the vehicle in the
toll zone to any person who appears
to be liable to pay the toll and toll
administration fee;
(b) if the toll and toll administration fees
have not been paid in accordance with
the processes set out in the Agreement,
notify the enforcement agency of that
belief and request the enforcement
agency--
(i) to serve an infringement notice in
accordance with this Division on
the operator of the vehicle or
trailer involved in the offence; or
89
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(ii) to serve an infringement notice in
accordance with this Division on
the person nominated by an
authorised person in a tolling
nomination statement; or
(iii) to commence proceedings in
respect of that offence in
accordance with this Act.".
(2) In section 207(5) of the EastLink Project
Act 2004, for "subsection (2)" substitute
"subsection (1)".
100 Additional effect of expiation
In section 215 of the EastLink Project Act 2004,
for "section 204" substitute "section 197".
101 Proof that vehicle driven on EastLink in a toll zone
In section 220 of the EastLink Project Act 2004,
for "vehicle was driven" substitute "vehicle was
driven or a trailer was towed".
102 Evidence of certificate or document from VicRoads
In section 221 of the EastLink Project
Act 2004--
(a) in subsection (1)--
(i) for "Department of Transport,
Planning and Local Infrastructure or
an authorised person certifying that on
a particular date a vehicle" substitute
"Department of Transport or an
authorised person certifying that on a
particular date a vehicle or a trailer";
(ii) for "the vehicle" substitute "the vehicle
or the trailer";
90
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(b) in subsection (2)--
(i) for "a vehicle" substitute "a vehicle
or a trailer";
(ii) for "the vehicle" substitute "the vehicle
or the trailer";
(c) in subsection (3)--
(i) for "Department of Transport, Planning
and Local Infrastructure" substitute
"Department of Transport";
(ii) in paragraph (a), for "vehicle"
substitute "vehicle or trailer";
(iii) for "that vehicle" substitute
"that vehicle or trailer".
103 VicRoads may disclose certain information to
Freeway Corporation
(1) In the heading to section 223 of the EastLink
Project Act 2004 omit "to Freeway
Corporation".
(2) For section 223(1) of the EastLink Project
Act 2004 substitute--
"(1) VicRoads or a relevant person may disclose
information about a vehicle or trailer
registered under Part 2 of the Road Safety
Act 1986, for the purposes of this Part--
(a) to an enforcement agency; or
(b) to a person who is employed by,
or who is engaged to provide services
for, VicRoads, a relevant person or an
enforcement agency.
91
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(1A) VicRoads or a relevant person may disclose
information about a vehicle or trailer
registered under Part 2 of the Road Safety
Act 1986, for the purpose of sending a
request to a responsible person for the
payment of a toll or a toll administration
fee--
(a) to the Freeway Corporation; or
(b) to a person who is employed by, or who
is engaged to provide services for, the
Freeway Corporation.
(1B) VicRoads or a relevant person may disclose
the driver licence information of a
responsible person, for the purpose of taking
action for the recovery of a toll or a toll
administration fee from the responsible
person in accordance with arrangements that
comply with the minimum debt recovery
requirements--
(a) to the Freeway Corporation; or
(b) to a person who is employed by, or who
is engaged to provide services for, the
Freeway Corporation.
(1C) Despite section 90N of the Road Safety
Act 1986, VicRoads or a relevant
person may disclose information under
subsection (1) even if VicRoads or the
relevant person has not entered into an
information protection agreement with
the enforcement agency or the person.".
(3) In section 223(2) of the EastLink Project
Act 2004, for "this section as if it were a
disclosure" substitute "subsection (1A) or (1B) as
if it were a disclosure of information authorised".
92
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(4) After section 223(2) of the EastLink Project
Act 2004 insert--
"(3) In this section--
driver licence information means any of
the following information held by
VicRoads for the purpose of its
licensing functions under Part 3 of
the Road Safety Act 1986--
(a) a person's name;
(b) a driver licence number;
(c) a date of birth;
(d) a telephone number;
(e) an email address;
(f) a residential address;
information protection agreement has the
same meaning as it has in section 90I
of the Road Safety Act 1986;
minimum debt recovery requirements
means the requirements specified by
the Minister under section 203A(1);
relevant person has the same meaning as it
has in section 90I of the Road Safety
Act 1986.".
104 Proceedings for offences under Part 9
After section 251(2) of the EastLink Project
Act 2004 insert--
"(3) Despite section 7 of the Criminal
Procedure Act 2009, a proceeding for
an offence under section 204(1) may be
commenced not more than 15 months after
the commission of the alleged offence.".
93
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
105 Regulations
(1) After section 258(1)(fa) of the EastLink Project
Act 2004 insert--
"(fb) prescribing fees;
(fc) prescribing a period of time for the purposes
of section 204(7);
(fd) prescribing an amount for the purposes of
section 206B;
(fe) prescribing criteria for the purposes of
section 206B(2);
(ff) prescribing the period in which records in
relation to the non-payment of a toll are be
destroyed;".
(2) For section 258(2) of the EastLink Project
Act 2004 substitute--
"(2) The regulations--
(a) may be of general or limited
application;
(b) may differ according to differences in
time, place or circumstances;
(c) may confer a discretionary authority or
impose a duty on a specified person or
class of person;
(d) may exempt specified persons or things
or classes of persons or things from
complying with all or any of the
regulations, whether unconditionally
or on specified conditions and either
wholly or to such an extent as is
specified.
94
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(3) A power conferred by this Act to make
regulations prescribing fees may be
exercised by providing for all or any of
the following matters--
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
(d) the payment of fees either generally
or under specified conditions or in
specified circumstances;
(e) the payment of fees by a specified
manner of payment.".
Division 5--Fines Reform Act 2014
106 Registration of infringement fine with Director
(1) In section 16(2)(i) of the Fines Reform Act 2014,
for "the offence." substitute "the offence;".
(2) After section 16(2)(i) of the Fines Reform
Act 2014 insert--
"(j) if the infringement notice was issued in
respect of an offence against section 32(1)
of the West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019, the person
was at the time of the infringement offence
the responsible person in relation to the
vehicle involved in the offence.".
107 Extended period for registration
(1) In section 17(i) of the Fines Reform Act 2014,
for "or the EastLink Project Act 2004"
substitute ", the EastLink Project Act 2004 or
the West Gate Tunnel (Truck Bans and Traffic
Management) Act 2019".
95
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(2) After section 17(l) of the Fines Reform Act 2014
insert--
"(la) subject to paragraph (i), in the case of an
alleged offence against section 32(1) of
the West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019, no more
than 6 months after the date of service of
the infringement notice;".
108 Ministers may enter into administrative services
agreements
(1) In section 173B(1)(e) of the Fines Reform
Act 2014, for "paragraph (c)." substitute
"paragraph (c); or".
(2) After section 173B(1)(e) of the Fines Reform
Act 2014 insert--
"(f) Victoria Police under Part 3 of the
West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019 that are
of a similar nature to the functions of
Victoria Police referred to in paragraph (c).".
Division 6--Heavy Vehicle National Law
Application Act 2013
109 Road manager
(1) After section 18(1)(a)(vi) of the Heavy Vehicle
National Law Application Act 2013 insert--
"(vii) the West Gate Tunnel tollway;".
(2) In section 18(4) of the Heavy Vehicle National
Law Application Act 2013, for the definition
of Peninsula Link Freeway substitute--
"Peninsula Link Freeway has the same meaning
as in the Road Management Act 2004;
96
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
West Gate Tunnel tollway has the same meaning
as in the West Gate Tunnel (Truck Bans
and Traffic Management) Act 2019.".
110 Toll road authority
After section 28(b) of the Heavy Vehicle
National Law Application Act 2013 insert--
"(ba) the West Gate Tunnel Corporation within the
meaning of the West Gate Tunnel (Truck
Bans and Traffic Management)
Act 2019;".
Division 7--Infringements Act 2006
111 Application of Division
(1) In section 21(2)(e) of the Infringements
Act 2006, for "Act 2004." substitute "Act 2004;".
(2) After section 21(2)(e) of the Infringements
Act 2006 insert--
"(f) section 52 of the West Gate Tunnel
(Truck Bans and Traffic Management)
Act 2019.".
112 Service of documents
(1) In section 162(4)(e)(ii) of the Infringements
Act 2006, for "the vehicle." substitute
"the vehicle; or".
(2) After section 162(4)(e) of the Infringements
Act 2006 insert--
"(f) if the infringement notice was issued in
respect of an offence against section 32(1)
of the West Gate Tunnel (Truck Bans
and Traffic Management) Act 2019--
(i) to the last address of the operator of the
vehicle within the meaning of that Act;
or
97
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(ii) if a statement has been supplied under
section 26 of that Act, to the last
address of the person alleged in the
statement to have been the driver of
the vehicle or trailer.".
Division 8--Major Transport Projects Facilitation
Act 2009
113 Declaration of roads
After section 193(4) of the Major Transport
Projects Facilitation Act 2009 insert--
"(5) This section does not affect the grant or
operation of a lease or licence of any part
of any land within the project area that is
declared to be a road despite anything to
the contrary in Schedule 5 of the Road
Management Act 2004.".
Division 9--Magistrates' Court Act 1989
114 Certain agencies may give information for
enforcement purposes
In section 99A(1) of the Magistrates' Court
Act 1989, for "person or body listed in section
90A(1)" substitute "relevant agency within the
meaning of section 69".
Division 10--Melbourne City Link Act 1995
115 Repeal of Division 6 of Part 2B
Division 6 of Part 2B of the Melbourne
City Link Act 1995 is repealed.
116 Definitions
(1) In section 69 of the Melbourne City Link
Act 1995, for the definition of illegal user
statement substitute--
98
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
"illegal user statement, in relation to the use of
a vehicle or trailer, means a statement in
writing made by a person with respect to the
vehicle or trailer to the effect that the person
believes that at the relevant time the vehicle
or trailer was a stolen vehicle or trailer or
that the number plates displayed on the
vehicle or trailer were stolen;".
(2) In section 69 of the Melbourne City Link
Act 1995, for the definition of known user
statement substitute--
"known user statement, in relation to the use of
a vehicle or trailer, means a statement in
writing made by a person--
(a) to the effect that the person was not
driving at the relevant time, or did not
at that time have possession or control
of, the vehicle or trailer or the vehicle
to which the trailer was attached; and
(b) containing sufficient information to
identify and locate the person who the
person making the statement last knew
to have, before the relevant time,
possession or control of the vehicle or
trailer or the vehicle to which the trailer
was attached;".
(3) In section 69 of the Melbourne City Link
Act 1995, for the definition of nomination
rejection statement substitute--
"nomination rejection statement means a
statement in writing made by a person
nominated in a known user statement, a sold
vehicle statement or a tolling nomination
statement as being the responsible person in
respect of a vehicle or trailer to the effect
that if nominated--
99
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(a) in a known user statement, the person
had not had possession or control of the
vehicle or trailer at the relevant time, as
stated in the known user statement; or
(b) in a sold vehicle statement, the vehicle
or trailer had not been sold or disposed
of to the person, and that no interest in
it had otherwise vested in the person, as
stated in the sold vehicle statement; or
(c) in a tolling nomination statement, that
the person was not the responsible
person in relation to the vehicle or
trailer at the time of the tolling offence
as stated in the tolling nomination
statement;".
(4) In section 69 of the Melbourne City Link
Act 1995, for the definition of operator
substitute--
"operator, in relation to a vehicle or trailer at the
time the vehicle or trailer was driven in a toll
zone, means each of the following--
(a) the registered operator of the vehicle
or trailer at that time or the person
recorded at that time on a register of
vehicles or trailers maintained under
a corresponding law as the person
responsible for the vehicle or trailer;
(b) if the Roads Corporation under the
regulations under the Road Safety
Act 1986, or a corresponding body
under a corresponding law, has
received notice of transfer of
registration of the vehicle or trailer, the
person whose name is disclosed in the
records kept by the Roads Corporation
or the corresponding body (as the case
100
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
requires) as being responsible for the
vehicle or trailer at that time;
(c) if the vehicle or trailer is not registered
under the Road Safety Act 1986 or a
corresponding law, the person whose
name is disclosed in the records kept
by the Roads Corporation or the
corresponding body as being
responsible for the vehicle or trailer
at that time;
(d) if the vehicle or trailer displays a
number plate--
(i) the person who, at the time at
which the registration number
borne by that number plate
was last assigned by the Roads
Corporation or a corresponding
body, was the registered
operator of, or (if assigned by a
corresponding body) the person
recorded on a register of vehicles
or trailers maintained under the
corresponding law as the person
responsible for, the vehicle or
trailer to which that registration
number was assigned, whether
or not that vehicle or trailer is
the same as the vehicle or trailer
involved in the offence; or
(ii) the person whose name is
disclosed in the records kept
by the Roads Corporation or a
corresponding body as being
entitled, or last entitled, at that
time to use or possess that number
plate;
101
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(e) if the vehicle or trailer displays a
general identification mark by means
of a special identification plate issued
by the Roads Corporation under the
regulations under the Road Safety
Act 1986 or by a corresponding body
under a corresponding law, the person
to whom the mark is assigned at that
time;".
(5) In section 69 of the Melbourne City Link
Act 1995, for the definition of responsible person
substitute--
"responsible person, in relation to a vehicle or a
trailer, means--
(a) the operator of the vehicle or the trailer;
or
(b) the person nominated as the responsible
person in relation to the vehicle or the
trailer in an effective known user
statement or an effective sold vehicle
statement;".
(6) In section 69 of the Melbourne City Link
Act 1995, for the definition of sold vehicle
statement substitute--
"sold vehicle statement, in relation to the use
of a vehicle or trailer, means a statement
in writing made by a person--
(a) to the effect that--
(i) the person had sold or otherwise
disposed of the vehicle or trailer
before the relevant time or that
any interest in the vehicle or
trailer had otherwise ceased to
be vested in the person before
that time; and
102
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(ii) the person was not at that time
driving, or had not at that time
possession or control of, the
vehicle or trailer; and
(b) containing sufficient information
to identify and locate the person to
whom the vehicle or trailer was sold
or disposed of, or in whom an interest
in the vehicle or trailer was otherwise
vested, and the date and, if relevant,
the time of sale, disposal or vesting;".
(7) In section 69 of the Melbourne City Link
Act 1995, in the definition of tollway operator,
for "is in force" substitute "is in force or the
West Gate Tunnel Corporation within the
meaning of the West Gate Tunnel (Truck Bans
and Traffic Management) Act 2019 unless a
West Gate Tunnel roaming agreement (within the
meaning of section 93AD) is in force".
(8) In section 69 of the Melbourne City Link
Act 1995 insert the following definitions--
"special circumstances has the same meaning as
it has in the Infringements Act 2006;
tolling device means any system, equipment or
thing prescribed as a tolling device for the
purposes of this Part;
trailer has the same meaning as it has in the Road
Safety Act 1986;".
103
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
117 Liability to pay toll and toll administration fees
(1) For section 72(2) of the Melbourne City Link
Act 1995 substitute--
"(2) Subject to subsection (3), the operator of a
vehicle or, in the case of a vehicle that is
attached to a trailer and the operator of the
vehicle cannot be identified by a tolling
device, the operator of the trailer, is taken to
be the driver of that vehicle for the purposes
of subsection (1).".
(2) In section 72(3) of the Melbourne City Link
Act 1995, after "vehicle" (where first and
second occurring) insert "or trailer".
(3) In section 72(4) of the Melbourne City Link
Act 1995, for "driving the vehicle" substitute
"the driver of the vehicle or the operator of the
trailer".
118 Charge of toll
(1) In section 72B(1)(b) of the Melbourne City Link
Act 1995, for "statement." substitute "statement;
and".
(2) After section 72B(1)(b) of the Melbourne
City Link Act 1995 insert--
"(c) in the case that the vehicle is attached to a
trailer and the operator of the vehicle cannot
be identified by a tolling device, the operator
of the trailer.".
104
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
119 New section 72C inserted
After section 72B of the Melbourne City Link
Act 1995 insert--
"72C Minimum debt recovery requirements
(1) The Minister may specify the requirements
to be met by the relevant corporation when
taking action to recover a toll or a toll
administration fee from a responsible person.
(2) The specified requirements must be
published in the Government Gazette.".
120 Offence to drive unregistered vehicle in toll zone
(1) For section 73(4) of the Melbourne City Link
Act 1995 substitute--
"(4) Despite anything to the contrary in this Act
or any other Act (other than the Charter of
Human Rights and Responsibilities) during
a 7-day period, unless another period is
prescribed, then during that other period--
(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 during the
course of the 7-day period or other
period (as the case requires); and
(b) only one infringement notice may
be issued in respect of an offence
constituted by the driving of any
one vehicle in a toll zone during the
course of the 7-day period or other
period (as the case requires)--
regardless of how many toll zones the
vehicle is driven in during the course of the
period and how many trips the vehicle makes
during the course of the period and how
105
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
many different individuals drive the vehicle
during the course of the period.".
(2) In section 73(8) of the Melbourne City Link
Act 1995 omit "on the day of the offence".
121 Section 76 substituted
For section 76 of the Melbourne City Link
Act 1995 substitute--
"76 Payment of prescribed administrative
amount
(1) Subject to subsection (2), if a charge against
a person for an offence against section 73 is
found proven, whether or not a conviction
is recorded or a penalty imposed for that
offence, the court must make an order
requiring the person to pay to the relevant
corporation an amount that is the prescribed
administrative amount, if any.
(2) The court is not required to make an order
under subsection (1) if having regard to
the prescribed criteria (if any) the court is
satisfied--
(a) that the person is experiencing acute
financial hardship; or
(b) that special circumstances apply to
the person.
(3) An amount required to be paid under an
order made under subsection (1) must be
taken to be a judgment debt due by the
person to the relevant corporation and
payment of any amount remaining unpaid
under the order is to be enforceable in the
court by which it was made.".
106
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
122 Relevant corporation or authorised person may
notify enforcement agency of non-payment of toll
In section 77(1)(b) of the Melbourne City Link
Act 1995, for "notify the enforcement agency"
substitute "if the toll and toll administration
fee have not been paid in accordance with
the processes set out in the Agreement or the
Extension Agreement, notify the enforcement
agency".
123 Proof that vehicle driven in toll zone
In section 88 of the Melbourne City Link
Act 1995, after "vehicle was driven" insert
"or a trailer was towed".
124 General evidentiary provisions
(1) In section 89(2) of the Melbourne City Link
Act 1995--
(a) for "Department of Transport, Planning and
Local Infrastructure or an authorised person
certifying that on a particular date a vehicle "
substitute "Department of Transport or an
authorised person certifying that on a
particular date a vehicle or a trailer";
(b) after "the vehicle" insert "or trailer".
(2) In section 89 (3) of the Melbourne City Link
Act 1995--
(a) after "a vehicle" insert "or a trailer";
(b) after "the vehicle" insert "or trailer".
(3) In section 89(3A) of the Melbourne City Link
Act 1995--
(a) for "Department of Transport, Planning and
Local Infrastructure" substitute "Department
of Transport";
107
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(b) after "vehicle" (where twice occurring)
insert "or trailer".
(4) In section 89(3B) of the Melbourne City Link
Act 1995, after "vehicle" (where twice occurring)
insert "or trailer".
125 Roads Corporation may disclose certain
information
(1) For section 90(1) of the Melbourne City Link
Act 1995 substitute--
"(1) The Roads Corporation or a relevant person
may disclose information about a vehicle or
trailer registered under Part 2 of the Road
Safety Act 1986, for the purposes of this
Part--
(a) to an enforcement agency; or
(b) to a person who is employed by, or who
is engaged to provide services for, the
Roads Corporation, a relevant person or
an enforcement agency.
(1A) The Roads Corporation or a relevant person
may disclose information about a vehicle or
trailer registered under Part 2 of the Road
Safety Act 1986, for the purpose of sending
a request to a responsible person for the
payment of a toll or a toll administration
fee--
(a) to the relevant corporation; or
(b) to a person who is employed by, or
who is engaged to provide services for,
the relevant corporation.
(1B) The Roads Corporation or a relevant person
may disclose the driver licence information
of a responsible person, for the purpose of
taking action for the recovery of a toll or a
toll administration fee from the responsible
108
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
person in accordance with arrangements that
comply with the minimum debt recovery
requirements--
(a) to the relevant corporation; or
(b) to a person who is employed by, or
who is engaged to provide services
for, the relevant corporation.".
(2) In section 90(2) of the Melbourne City Link
Act 1995, for "(1)(a) or (1)(c)" substitute "(1)".
(3) In section 90(3) of the Melbourne City Link
Act 1995, for "under subsection (1)(b) as if it
were a disclosure of information" substitute
"under subsection (1A) or (1B) as if it were a
disclosure of information authorised".
(4) After section 90(3) of the Melbourne City Link
Act 1995 insert--
"(4) In this section--
driver licence information means any of
the following information held by the
Roads Corporation for the purpose of
its licensing functions under Part 3 of
the Road Safety Act 1986--
(a) a person's name;
(b) a driver licence number;
(c) a date of birth;
(d) a telephone number;
(e) an email address;
(f) a residential address;
information protection agreement has the
same meaning as it has in section 90I
of the Road Safety Act 1986;
109
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
minimum debt recovery requirements
means the requirements specified by
the Minister under section 72C(1);
relevant person has the same meaning as it
has in section 90I of the Road Safety
Act 1986.".
126 New Division 6 of Part 4 inserted
After Division 5 of Part 4 of the Melbourne
City Link Act 1995 insert--
"Division 6--West Gate Tunnel roaming
agreements
93AD Definitions
In this Division--
net incremental marginal cost, in relation to
a West Gate Tunnel roaming service,
means--
(a) the additional cost to the relevant
corporation of providing the
West Gate Tunnel roaming service
(net of any savings) calculated in
accordance with a determination
referred to in section 93AF(1); or
(b) the amount that is determined to
be the net incremental marginal
cost to the relevant corporation of
providing the West Gate Tunnel
roaming service as referred to in
section 93AF(2); or
(c) if neither paragraph (a) nor
paragraph (b) applies, the
additional cost to the relevant
corporation of providing the
West Gate Tunnel roaming
service (net of any savings);
110
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
Secretary means the Secretary to the
Department of Transport;
West Gate Tunnel Agreement has the
same meaning as in the West Gate
Tunnel (Truck Bans and Traffic
Management) Act 2019;
West Gate Tunnel Corporation has the
same meaning as in the West Gate
Tunnel (Truck Bans and Traffic
Management) Act 2019;
West Gate Tunnel roaming agreement
means an agreement between the
relevant corporation and the West Gate
Tunnel Corporation relating to the use
in a West Gate Tunnel toll zone of a
class or classes of vehicles that are
registered with the relevant corporation;
West Gate Tunnel roaming service means
a service relating to the billing and
payment of amounts for tolls and
charges relating to the use in a
West Gate Tunnel toll zone of a class
or classes of vehicles that are registered
with the relevant corporation;
West Gate Tunnel toll zone means a toll
zone within the meaning of the
West Gate Tunnel (Truck Bans
and Traffic Management) Act 2019.
93AE Roaming fees
(1) For the duration of the Concession Period
(within the meaning of the West Gate Tunnel
Agreement), the fee or charge that may be
imposed by the relevant corporation on the
West Gate Tunnel Corporation under a
West Gate Tunnel roaming agreement for
the provision of a West Gate Tunnel roaming
111
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
service must not exceed the amount that
represents the net incremental marginal cost
to the relevant corporation of providing that
West Gate Tunnel roaming service.
(2) Any agreement or arrangement existing on
or after the commencement of this section
that is inconsistent with subsection (1) is
void to the extent of the inconsistency.
93AF Determination of net incremental
marginal cost
(1) The Secretary may, by notice published in
the Government Gazette, determine the
method and criteria to be used for calculating
the additional cost to the relevant corporation
of providing a West Gate Tunnel roaming
service.
(2) The Secretary, on the joint application of
the relevant corporation and the West Gate
Tunnel Corporation, may, by notice
published in the Government Gazette,
determine an amount to be the net
incremental marginal cost to the relevant
corporation of providing a West Gate Tunnel
roaming service.
(3) A determination of an amount to be the net
incremental marginal cost may provide for
the amount to be a variable amount to be
determined in accordance with an agreement
existing at the date of the determination
between the relevant corporation and the
West Gate Tunnel Corporation.
(4) The Secretary must not make a
determination of an amount to be the
net incremental marginal cost unless the
Secretary is satisfied that the amount to
be determined has been agreed to by the
112
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
relevant corporation and the West Gate
Tunnel Corporation.
(5) On the publication in the Government
Gazette of any determination under this
section, any existing determination under
this section is revoked.".
127 Proceedings
After section 116(1A) of the Melbourne
City Link Act 1995 insert--
"(2) Despite section 7 of the Criminal
Procedure Act 2009, a proceeding for an
offence against section 73(1) may be
commenced not more than 15 months after
the commission of the alleged offence.".
128 Regulations
(1) After section 118(1)(f) of the Melbourne
City Link Act 1995 insert--
"(fa) prescribing fees;
(fb) prescribing a period of time for the purposes
of section 73(4);
(fc) prescribing criteria for the purposes of
section 76(2);
(fd) prescribing the period in which records in
relation to the non-payment of a toll are to
be destroyed;".
(2) For section 118(2) of the Melbourne City Link
Act 1995 substitute--
"(2) The regulations--
(a) may be of general or limited
application;
(b) may differ according to differences in
time, place or circumstances;
113
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(c) may confer a discretionary authority or
impose a duty on a specified person or
class of person;
(d) may exempt specified persons or things
or classes of persons or things from
complying with all or any of the
regulations, whether unconditionally
or on specified conditions and either
wholly or to such an extent as is
specified.
(3) A power conferred by this Act to make
regulations prescribing fees may be
exercised by providing for all or any of
the following matters--
(a) specific fees;
(b) maximum fees;
(c) minimum fees;
(d) the payment of fees either generally
or under specified conditions or in
specified circumstances;
(e) the payment of fees by a specified
manner of payment.".
129 Statute law revision
In section 3 of the Melbourne City Link
Act 1995, the definition of IBAC is repealed.
Division 11--Road Management Act 2004
130 Definitions
(1) In section 3(1) of the Road Management
Act 2004, in the definition of State road
authority, for "or Peninsula Link Freeway
Corporation" substitute ", the Peninsula Link
Freeway Corporation or the West Gate Tunnel
Corporation".
114
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(2) In section 3(1) of the Road Management
Act 2004 insert the following definitions--
"West Gate Tunnel Agreement has the same
meaning as it has in section 3 of the
West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019;
West Gate Tunnel Corporation has the same
meaning as it has in section 3 of the
West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019;
West Gate Tunnel operator has the same meaning
as it has in section 3 of the West Gate
Tunnel (Truck Bans and Traffic
Management) Act 2019;
West Gate Tunnel tollway has the same meaning
as it has in section 3 of the West Gate
Tunnel (Truck Bans and Traffic
Management) Act 2019;".
131 Interpretation and application of Act
After section 5(8C) of the Road Management
Act 2004 insert--
"(8D) This Act is subject to the West Gate Tunnel
(Truck Bans and Traffic Management)
Act 2019 and the West Gate Tunnel
Agreement.
(8E) The West Gate Tunnel Corporation and the
West Gate Tunnel operator or their delegates
must not exercise any power or carry out any
duty under this Act in a manner that is not
consistent with the West Gate Tunnel
(Truck Bans and Traffic Management)
Act 2019 or the West Gate Tunnel
Agreement.".
115
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
132 What is a public road?
After section 17(1)(db) of the Road Management
Act 2004 insert--
"(dc) the West Gate Tunnel tollway; or".
133 Which road authority is the responsible road
authority?
(1) In section 37(1) of the Road Management
Act 2004, for "(1B) and (2)" substitute
"(1B), (1C), (1D), (1E) and (2)".
(2) After section 37(1B) of the Road Management
Act 2004 insert--
"(1C) The Link corporation is the responsible road
authority for the Link road.
(1D) The Extension corporation is the responsible
road authority for the Extension road.
(1E) The West Gate Tunnel Corporation is the
responsible road authority for the West Gate
Tunnel tollway.".
134 Contents of a road management plan
After section 52(2B) of the Road Management
Act 2004 insert--
"(2C) A road management plan relating to the
West Gate Tunnel tollway--
(a) must be consistent with the West Gate
Tunnel (Truck Bans and Traffic
Management) Act 2019 and the
West Gate Tunnel Agreement; and
(b) must facilitate the performance of
obligations and duties under the
West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019 and
the West Gate Tunnel Agreement.".
116
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
135 Interference with a road
After section 63(2)(ba) of the Road Management
Act 2004 insert--
"(bb) the person conducts the works authorised
by, and conducted in accordance with, the
Agreement; or
(bc) the person conducts the works authorised
by, and conducted in accordance with, the
Extension Agreement; or
(bd) the person conducts the works authorised
by, and conducted in accordance with, the
EastLink Agreement; or
(be) the person conducts the works authorised
by, and conducted in accordance with,
the West Gate Tunnel Agreement; or".
136 Authorised officers
(1) In section 71(4)(a) of the Road Management
Act 2004, for "requested; or" substitute
"requested; and".
(2) In section 71(5)(a) of the Road Management
Act 2004, for "requested; or" substitute
"requested; and".
(3) After section 71(5B) of the Road Management
Act 2004 insert--
"(5C) An authorised officer appointed under
subsection (1) may exercise the powers of an
authorised officer in respect of the West Gate
Tunnel tollway as if VicRoads were the
responsible road authority if--
(a) the West Gate Tunnel Corporation has
so requested; and
(b) there is a written arrangement with the
West Gate Tunnel Corporation.".
117
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
137 Principles concerning performance of road
management functions
After section 101(3) of the Road Management
Act 2004 insert--
"(4) Subsection (1) applies to the West Gate
Tunnel Corporation as if the reference
to the principles specified in section 83
of the Wrongs Act 1958 were excluded.
(5) Subsection (1) applies to the Link
corporation as if the reference to the
principles specified in section 83 of
the Wrongs Act 1958 were excluded.
(6) Subsection (1) applies to the Extension
corporation as if the reference to the
principles specified in section 83 of the
Wrongs Act 1958 were excluded.".
138 Right to recover for damage to road
After section 112(3)(bb) of the Road
Management Act 2004 insert--
"(bc) the West Gate Tunnel Corporation in respect
of damage to a road arising because of the
operation or effect of the West Gate Tunnel
tollway; or".
139 New section 133C inserted
After section 133B of the Road Management
Act 2004 insert--
"133C Application of regulations to West Gate
Tunnel tollway
(1) Regulations which may be made under this
Act in respect of a freeway may be made in
respect of the West Gate Tunnel tollway in
accordance with this section.
118
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(2) For the purposes of this section--
(a) a reference in section 132 to a road is to
be construed as a reference to the
West Gate Tunnel tollway; and
(b) a power which may be conferred on
a road authority to recover damages
is to be taken to enable power to be
conferred on the West Gate Tunnel
Corporation to recover damages; and
(c) a reference to the property of a road
authority is to be construed as a
reference to the property of the
West Gate Tunnel Corporation; and
(d) a discretionary power which may be
conferred on a road authority may be
conferred on the West Gate Tunnel
Corporation.".
140 Section 134 substituted
For section 134 of the Road Management
Act 2004 substitute--
"134 Application of Act in respect of the
Link road and Extension road
(1) This Act applies in respect of the Link road
and the Extension road in accordance with
this section and section 134AA.
(2) Subject to this section, the Link corporation
is, in respect of the Link road and the
Extension corporation is, in respect of
the Extension road, the coordinating road
authority for the purposes of sections 19,
48(3) and 63(1) and clauses 7, 12 and
13 and Part 2 of Schedule 7.
119
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(3) Subject to subsection (2) and section 134AA,
VicRoads has the powers and functions of a
coordinating road authority in respect of
the Link road if so requested by the Link
corporation and in respect of the Extension
road if so requested by the Extension
corporation.
(4) The functions and powers of an authorised
officer appointed by VicRoads extend in
respect of the Link road if so requested by
the Link corporation in accordance with an
arrangement between the Link corporation
and VicRoads.
(5) The functions and powers of an authorised
officer appointed by VicRoads extend in
respect of the Extension road if so requested
by the Extension corporation in accordance
with an arrangement between the Extension
corporation and VicRoads.
(6) A direction to the Link corporation or the
Extension corporation under section 22 must
not be inconsistent with the Melbourne
City Link Act 1995 or the Agreement or the
Extension Agreement (as the case requires).
(7) A Code of Practice under section 28 in its
application to the Link corporation or
the Extension corporation must not be
inconsistent with the Melbourne City Link
Act 1995 or the Agreement or the Extension
Agreement (as the case requires).
(8) A determination under section 41 must
not be inconsistent with the Melbourne
City Link Act 1995 or the Agreement or
the Extension Agreement.
120
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(9) Section 66 does not apply to the Link road
or the Extension road if the placing of the
structure, device, hoarding, advertisement,
sign or bill is permitted under the
Melbourne City Link Act 1995 or the
Agreement or the Extension Agreement
(as the case requires).
(10) Section 96 applies to the Link road and the
Extension road as if VicRoads were the
relevant road authority.
(11) Sections 11, 12, 13, 14, 15, 18, 36, 38(1)(d),
39, 105(3), 118, 119, 120, 123 and 127 and
clauses 2 and 3 of Schedule 2 and clauses 1,
2, 3, 5, 8, 9, 11 and 12 of Schedule 5 do not
apply to the Link road or the Extension road
or the Link corporation or the Extension
corporation.
(12) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14
of Schedule 4 apply to the Link corporation
in respect of the Link road as if the Link
corporation were the responsible State road
authority.
(13) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14
of Schedule 4 apply to the Extension
corporation in respect of the Extension
road as if the Extension corporation were
the responsible State road authority.
(14) Clause 10(1) of Schedule 5 applies to the
Link road or the Extension road as if the
reference to infrastructure did not include
road-related infrastructure installed in
accordance with the Agreement or the
Extension Agreement (as the case requires).
121
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(15) The power to--
(a) cause to be removed, destroyed or
blocked a means of access to a freeway
constructed, formed or laid out without
the consent of the road authority; and
(b) cause to be erected and maintained,
fences, posts or other obstructions
along a freeway or along or across an
entrance, approach or means of access
to a freeway for the purpose of
preventing access to a freeway--
which is conferred on VicRoads in relation
to a freeway is conferred on the Link
corporation in respect of the Link road and
the Extension corporation in respect of the
Extension road.".
141 New section 134AA inserted
After section 134 of the Road Management
Act 2004 insert--
'134AA Application of Schedule 7 in respect of the
Link road and the Extension road
(1) Schedule 7 applies in respect of the
Link road and the Extension road as
modified by this section.
(2) Clause 8 applies as if after subclause (4)
there were inserted--
"(5) Subclause (1) does not apply to the
carrying out of routine maintenance
and inspection work.
(6) For the purposes of this clause, work is
not routine maintenance and inspection
work if it requires traffic management
measures in order to be conducted
safely.".
122
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(3) Clause 14 applies as if after subclause (1)
there were inserted--
"(1A) The Link corporation and the Extension
corporation must have regard to the
principles specified in this clause in
the provision of road infrastructure.".
(4) Clause 14 applies as if for subclause (2)
there were substituted--
"(2) The Link road and the Extension road
must be managed as far as is reasonably
practicable in such a way as to
minimise any adverse effects on--
(a) the use of the Link road or the
Extension road by members of
the public; and
(b) the provision of services by a
Utility.".
(5) Clause 14(3) applies as if after paragraph (g)
there were inserted--
"(h) minimise any damage to non-road
infrastructure;
(i) minimise any risk to the property of
Utilities;
(j) ensure that the non-road infrastructure
is reinstated as nearly as practicable to
the condition existing before the works
necessary for the provision of the road
infrastructure were conducted.".
(6) Clause 16(5) applies as if the reference to
the works and infrastructure management
principles were a reference to clause 14(2).
123
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(7) Clause 16 applies as if after subclause (8)
there were inserted--
"(8A) Conditions to which a consent is given
under this clause may require an
applicant to compensate the Link
corporation or the Extension
corporation for economic loss, subject
to compliance with any prescribed
requirements for the negotiation and
resolution of disputes in relation to
compensation, but must not require the
applicant to pay any form of penalty.".
(8) Clause 17 applies as if after subclause (4)
there were inserted--
"(4A) A Code of Practice applying to the
Link road or the Extension road must
not be inconsistent with the Melbourne
City Link Act 1995 or the Agreement
or the Extension Agreement (as the
case requires).".'.
142 Application of Schedule 7 in respect of the EastLink
In section 134B(7) of the Road Management
Act 2004--
(a) for "must not" substitute "may";
(b) for "or to pay any form of penalty"
substitute ", subject to compliance with
any prescribed requirements for negotiation
and resolution of disputes in relation to
compensation, but must not require the
applicant to pay any form of penalty".
143 Application of Schedule 7 in respect of the Peninsula
Link Freeway
In section 134E(7) of the Road Management
Act 2004--
(a) for "must not" substitute "may";
124
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(b) for "or to pay any form of penalty"
substitute ", subject to compliance with
any prescribed requirements for negotiation
and resolution of disputes in relation to
compensation, but must not require the
applicant to pay any form of penalty".
144 New sections 134F and 134G inserted
After section 134E of the Road Management
Act 2004 insert--
'134F Application of Act in respect of the
West Gate Tunnel tollway and the
West Gate Tunnel Corporation
(1) This Act applies in respect of the West Gate
Tunnel tollway in accordance with this
section and section 134G.
(2) Subject to this section, the West Gate Tunnel
Corporation is, in respect of the West Gate
Tunnel tollway, the coordinating road
authority for the purposes of sections 19,
48(3) and 63(1) and clauses 7, 12 and 13 and
Part 2 of Schedule 7.
(3) Subject to subsection (2) and section 134G,
VicRoads has the powers and functions of a
coordinating road authority in respect of the
West Gate Tunnel tollway if so requested by
the West Gate Tunnel Corporation.
(4) The functions and powers of an authorised
officer appointed by VicRoads extend in
respect of the West Gate Tunnel tollway
if so requested by the West Gate Tunnel
Corporation in accordance with an
arrangement between the West Gate Tunnel
Corporation and VicRoads.
125
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(5) A direction to the West Gate Tunnel
Corporation under section 22 must not be
inconsistent with the West Gate Tunnel
(Truck Bans and Traffic Management)
Act 2019 or the West Gate Tunnel
Agreement.
(6) A Code of Practice under section 28 in its
application to the West Gate Tunnel
Corporation must not be inconsistent with
the West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019 or the
West Gate Tunnel Agreement.
(7) A determination under section 41 must not
be inconsistent with the West Gate Tunnel
(Truck Bans and Traffic Management)
Act 2019 or the West Gate Tunnel
Agreement.
(8) Section 66 does not apply to the West Gate
Tunnel tollway if the placing of the structure,
device, hoarding, advertisement, sign or bill
is permitted under the West Gate Tunnel
(Truck Bans and Traffic Management)
Act 2019 or the West Gate Tunnel
Agreement.
(9) Section 96 applies to the West Gate Tunnel
tollway as if VicRoads were the relevant
road authority.
(10) Sections 11, 12, 13, 14, 15, 18, 36, 38(1)(d),
39, 105(3), 118, 119, 120, 123 and 127 and
clauses 2 and 3 of Schedule 2 and clauses 1,
2, 3, 5, 8, 9, 11 and 12 of Schedule 5 do not
apply to the West Gate Tunnel tollway or the
West Gate Tunnel Corporation.
126
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(11) Clauses 1, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14
of Schedule 4 apply to the West Gate Tunnel
Corporation in respect of the West Gate
Tunnel tollway as if the West Gate Tunnel
Corporation were the responsible State road
authority.
(12) Clause 10(1) of Schedule 5 applies to the
West Gate Tunnel tollway as if the reference
to infrastructure did not include road-related
infrastructure installed in accordance with
the West Gate Tunnel Agreement.
(13) The power to--
(a) cause to be removed, destroyed or
blocked, a means of access to a freeway
constructed, formed or laid out without
the consent of the road authority; and
(b) cause to be erected and maintained,
fences, posts or other obstructions
along a freeway or along or across an
entrance, approach or means of access
to a freeway for the purpose of
preventing access to a freeway--
which is conferred on VicRoads in relation
to a freeway is conferred on the West Gate
Tunnel Corporation in respect of the
West Gate Tunnel tollway.
134G Application of Schedule 7 in respect of
the West Gate Tunnel tollway
(1) Schedule 7 applies in respect of the
West Gate Tunnel tollway as modified
by this section.
127
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(2) Clause 8 applies as if after subclause (4)
there were inserted--
"(5) Subclause (1) does not apply to the
carrying out of routine maintenance
and inspection work.
(6) For the purposes of this clause, work is
not routine maintenance and inspection
work if it requires traffic management
measures in order to be conducted
safely.".
(3) Clause 14 applies as if after subclause (1)
there were inserted--
"(1A) The West Gate Tunnel Corporation
must have regard to the principles
specified in this clause in the provision
of road infrastructure.".
(4) Clause 14 applies as if for subclause (2)
there were substituted--
"(2) The West Gate Tunnel tollway must
be managed as far as is reasonably
practicable in such a way as to
minimise any adverse effects on--
(a) the use of the West Gate Tunnel
tollway by members of the public;
and
(b) the provision of services by a
utility.".
(5) Clause 14(3) applies as if after paragraph (g)
there were inserted--
"(h) minimise any damage to non-road
infrastructure;
(i) minimise any risk to the property of
Utilities;
128
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(j) ensure that the non-road infrastructure
is reinstated as nearly as practicable to
the condition existing before the works
necessary for the provision of the road
infrastructure were conducted.".
(6) Clause 16(5) applies as if the reference to
the works and infrastructure management
principles were a reference to clause 14(2).
(7) Clause 16 applies as if after subclause (8)
there were inserted--
"(8A) Conditions to which a consent is
given under this clause may require
an applicant to compensate the
West Gate Tunnel Corporation for
economic loss, subject to compliance
with any prescribed requirements for
negotiation and resolution of disputes
in relation to compensation, but must
not require the applicant to pay any
form of penalty.".
(8) Clause 17 applies as if after subclause (4)
there were inserted--
"(4A) A Code of Practice applying to the
West Gate Tunnel Project must not
be inconsistent with the West Gate
Tunnel (Truck Bans and Traffic
Management) Act 2019 or the
West Gate Tunnel Agreement.".'.
145 Schedule 1 amended
After clause 1(ha) of Schedule 1 to the Road
Management Act 2004 insert--
"(hb) in relation to the West Gate Tunnel tollway,
details of any toll zones specified under
section 22 of the West Gate Tunnel
(Truck Bans and Traffic Management)
Act 2019;".
129
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
146 Schedule 7A amended
After clause 3(1)(c) of Schedule 7A to the Road
Management Act 2004 insert--
"(ca) in the case of the West Gate Tunnel
tollway--by the West Gate Tunnel
Corporation; and".
Division 12--Road Safety Act 1986
147 Definitions
In section 3(1) of the Road Safety Act 1986
insert the following definition--
"no-truck zone means a road or a road related
area that is specified in a declaration made
under section 65BE;".
148 New sections 65BA, 65BB, 65BC, 65BD and 65BE
inserted
After section 65B of the Road Safety Act 1986
insert--
"65BA Driving of heavy vehicle in a no-truck
zone
(1) A person must not drive a heavy vehicle in
a no-truck zone, except in accordance with
subsection (2).
Penalty: 20 penalty units.
(2) A person may drive a heavy vehicle in a
no-truck zone if the heavy vehicle is--
(a) a bus; or
(b) a prescribed class of heavy vehicle; or
(c) being driven for the purpose
of performing construction or
maintenance works within a
no-truck zone; or
130
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(d) being driven in the course of making a
delivery of goods to a place or from a
place within a no-truck zone; or
(e) being driven to a place or from a place
within a no-truck zone for the purpose
of the repair or sale of the heavy
vehicle.
65BB Extended liability for driving of heavy
vehicle in a no-truck zone
(1) Subject to subsection (2), if a driver
of a heavy vehicle commits an offence
against section 65BA(1), the following
persons also commit an offence against
section 65BA(1)--
(a) an employer of the driver of the heavy
vehicle;
(b) an operator or registered operator of
the heavy vehicle;
(c) the person who contracted with
the driver of the heavy vehicle
for provision of services for the
consignment of goods for transport
by road.
(2) A person referred to in subsection (1)(a), (b)
or (c) does not commit an offence against
section 65BA(1) if the person took
reasonable steps that include--
(a) the person did not know, and could not
reasonably be expected to have known,
of the conduct of the driver of the
heavy vehicle that constituted the
commission of the offence; and
131
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(b) either--
(i) the person had taken all steps
to prevent that conduct from
occurring; or
(ii) there were no steps that the person
could reasonably be expected to
have taken to prevent the conduct
from occurring.
(3) Without limiting subsection (2), in
determining whether a person referred to
in subsection (1)(a), (b) or (c) has taken
reasonable steps, a court may have regard
to--
(a) the circumstances of the offence; and
(b) without limiting paragraph (a), the
measures available and measures
taken for all or any of the following--
(i) to manage, reduce or eliminate
the risk of the offence being
committed;
(ii) to exercise supervision or control
over the driver involved in the
commission of the offence;
(iii) to exercise supervision or control
over activities leading to the
commission of the offence;
(iv) to include compliance assurance
conditions in relevant commercial
arrangements;
(v) to provide information,
instruction, training and
supervision to employees
to ensure compliance with
section 65BA;
132
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(vi) to maintain work systems
to enable compliance with
section 65BA; and
(c) the personal expertise and experience
that the person had or ought to have
had.
65BC Prosecution
(1) If more than one person is liable to be found
guilty of an offence against section 65BA(1),
proceedings may be taken against all or any
persons liable to be found guilty of the
offence.
(2) Proceedings may be taken against all or
any persons liable to be found guilty of
the offence--
(a) regardless of whether or not
proceedings have been commenced
against any person; and
(b) if proceedings have commenced against
a person, regardless of whether or not
those proceedings have finished; and
(c) if proceedings have finished against a
person, regardless of the outcome of
those proceedings.
65BD Exclusion of double jeopardy
A person may be punished only once for
an act that constitutes an offence against
section 65BA(1).
65BE Declaration of area of land to be no-truck
zone
(1) The Minister, by notice published in the
Government Gazette, may declare an area
of land specified in the declaration to be a
no-truck zone.
133
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(2) A declaration under this section--
(a) may be of general or limited
application; or
(b) may differ according to differences
in time, place or circumstance.
(3) The Minister, by notice published in the
Government Gazette, may amend or revoke
a declaration made under this section.".
149 Definitions
(1) In section 84BB of the Road Safety Act 1986,
in the definition of authorised tolling person--
(a) in paragraph (b), after "Act;" insert "or";
(b) after paragraph (b) insert--
"(c) a person authorised in writing under
section 20 of the West Gate
Tunnel (Truck Bans and Traffic
Management) Act 2019 to carry out
functions under Part 3 of that Act;".
(2) In section 84BB of the Road Safety Act 1986,
in the definition of tolling offence, for "2004;"
substitute "2004 or section 32(1) of the
West Gate Tunnel (Truck Bans and Traffic
Management) Act 2019;".
150 Use of effective statement to avoid liability
In section 84BE(4A) of the Road Safety
Act 1986--
(a) for "Part 4 of the Melbourne City Link
Act 1995 or Part 9 of the EastLink
Project Act 2004" substitute "Part 4 of the
Melbourne City Link Act 1995, Part 9 of
the EastLink Project Act 2004 or Part 3 of
the West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019";
134
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
(b) in paragraph (b), for "or the EastLink
Project Act 2004" substitute
", the EastLink Project Act 2004 or
the West Gate Tunnel (Truck Bans
and Traffic Management) Act 2019".
151 Statute law revision
(1) In section 67(1) of the Road Safety Act 1986,
for "an registrar" substitute "a registrar".
(2) In section 67(3) of the Road Safety Act 1986,
for "an registrar" substitute "a registrar".
Division 13--Transport Integration Act 2010
152 Definitions
(1) In section 3 of the Transport Integration
Act 2010, in the definition of interface body,
after paragraph (d) insert--
"(da) in respect of the Victorian Planning
Authority Act 2017, the Victorian Planning
Authority established under that Act;".
(2) In section 3 of the Transport Integration
Act 2010, in the definition of transport
legislation, after paragraph (q) insert--
"(qaa) West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019;".
153 Delegation by Secretary
After section 39(1) of the Transport Integration
Act 2010 insert--
"(1A) The Secretary must not delegate a function
of the Secretary under section 7 of the
West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019 unless
the Secretary is authorised to carry out that
function.".
135
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Part 7--Consequential amendments to other Acts and
repeal of amending Part
Division 14--Repeal of amending Part
154 Repeal of amending Part
This Part is repealed on 19 February 2021.
Note
The repeal of this Part does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
═════════════
136
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
No. of 2019
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to provide
for the operation of the West Gate Tunnel, to consequentially amend the
Accident Towing Services Act 2007, the Children, Youth and Families
Act 2005, the Criminal Procedure Act 2009, the EastLink Project
Act 2004, the Fines Reform Act 2014, the Heavy Vehicle National Law
Application Act 2013, the Infringements Act 2006, the Magistrates'
Court Act 1989, the Major Transport Projects Facilitation Act 2009,
the Melbourne City Link Act 1995, the Road Management Act 2004,
the Road Safety Act 1986, and the Transport Integration Act 2010 and
for other purposes."
By Authority. Government Printer for the State of Victoria.
137
[Index] [Search] [Download] [Related Items] [Help]