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Road Legislation Miscellaneous
Amendments Bill 2010
Introduction Print
EXPLANATORY MEMORANDUM
General
Part 1 sets out the purposes of the Bill and when the Bill comes into
operation.
Part 2 amends the EastLink Project Act 2004 to clarify that--
· the offence of driving an unregistered vehicle in a toll
zone applies to vehicles covered by a tollway billing
arrangement that has been suspended; and
· the defence (to that offence) of reasonable belief that a
vehicle was covered by a tollway billing arrangement is
not available where the driver cannot prove that he or
she believed on reasonable grounds that the billing
arrangement had not been suspended.
Part 3 amends the Melbourne City Link Act 1995 to--
· clarify that the offence of driving an unregistered
vehicle in a toll zone applies to vehicles covered by a
tollway billing arrangement that has been suspended
and that the defence (to that offence) of reasonable
belief that a vehicle was covered by a tollway billing
arrangement is not available where the driver cannot
prove that he or she believed on reasonable grounds that
the billing arrangement had not been suspended;
· provide for an express power for the Governor in
Council to ratify or give effect to a partial surrender of a
lease by the lessee (with the consent of any mortgagee
or chargee) for the purpose of reducing the leased area,
while clarifying that such a partial surrender does not
561462 1 BILL LA INTRODUCTION 11/8/2010
constitute a full surrender and does not affect the
operation of any existing toll zone specifications or Link
road declarations in respect of the leased land;
· remove the prohibition on the Roads Corporation
exercising road operation and management powers in
respect of land leased under the Melbourne City Link
Act 1995 if the exercise of those powers would not
contravene certain agreements relating to the ramp
meters that form part of the freeway management
system.
Part 4 amends the Road Management Act 2004 to--
· clarify the powers of a State road authority in relation to
the removal of vehicles that are illegally parked or
causing obstruction or danger;
· create an express power for road authorities to charge a
fee for the return of any vehicle moved, kept or
impounded on the basis that it is illegally parked or
causing obstruction or danger;
· provide for a power of disposal where the owner of such
a vehicle has not paid the specified fee.
Part 5 amends the Road Safety Act 1986 to--
· extend and strengthen the operation of provisions under
which a licence may be suspended for certain drug-
driving offences;
· provide for minimum licence and permit cancellation
and disqualification periods where a person is found
guilty by a court of certain drug-driving offences;
· provide for an extension of time to nominate another
driver in the circumstances where a person has been
issued with a traffic infringement notice in respect of an
excessive speed infringement but is unaware that the
notice has been issued;
· extend the range of information that the Corporation
may disclose and the circumstances under which that
information may be disclosed.
2
Part 6 makes minor and technical amendments to the Duties Act 2000
and the Transport (Compliance and Miscellaneous) Act 1983.
Part 7 provides for the repeal of this amending Bill.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill.
Clause 2 Subclause (1) provides for the commencement arrangements.
Subject to subclause (2), all provisions of the Bill will come into
operation on a day or days to be proclaimed. Subclause (2)
provides that if a provision of the Bill does not come into
operation before 1 August 2011, it comes into operation on that
day.
PART 2--AMENDMENT OF THE EASTLINK PROJECT
ACT 2004
Clause 3 Subclause (1) amends section 204(4) of the Eastlink Project Act
2004 so that, in relation to the offence of driving an unregistered
vehicle in a toll zone, any driver seeking to rely on the defence of
reasonable belief that the vehicle was covered by a tollway
billing arrangement must prove that he or she had a reasonable
belief that the billing arrangement was not suspended at the time
of the alleged offence. This amendment is intended to ensure
that the defence cannot be used in cases where a vehicle involved
in an alleged offence was covered by a tollway billing
arrangement but that billing arrangement had been suspended at
the time of the alleged offence and the accused is unable to prove
that he or she believed on reasonable grounds that the billing
arrangement had not been suspended.
Subclause (2) inserts a new subsection (4A) into section 204 to
provide that a certificate purporting to be given by the tollway
operator certifying that at the time of an alleged offence of
driving an unregistered vehicle in a toll zone, the vehicle in
question was covered by a tollway billing arrangement that had
been suspended is admissible in evidence in any proceedings.
The provision establishes, further, that in the absence of evidence
to the contrary, such a certificate is proof that the tollway billing
arrangement was suspended at that time. This provision is
intended to facilitate the production and acceptance of evidence
as to the status of a tollway billing arrangement in respect of a
vehicle in order to prevent this becoming an issue of fact where
there is no evidence that the certificate is incorrect.
3
Subclause (3) amends section 204(11) to make it clear that the
offence in section 204(1) of driving an unregistered vehicle in a
toll zone applies in cases where the vehicle is registered but the
relevant tollway billing arrangement is suspended.
This amendment prevents drivers from escaping prosecution
under section 204(1) by demonstrating that the vehicle was
covered by a tollway billing arrangement in cases where that
billing arrangement was suspended at the time of the alleged
offence.
PART 3--AMENDMENT OF THE MELBOURNE CITY LINK
ACT 1995
Clause 4 Subclause (1) makes a technical amendment to section
60(1)(b)(v) of the Melbourne City Link Act 1995 to allow the
insertion of a new section 60(1)(c).
Subclause (2) inserts a new section 60(1)(c) which confers an
express power on the Governor in Council to ratify or give effect
to a partial surrender of a lease of Crown land by the lessee with
the consent of any mortgagee or chargee in respect of the lease
entered into under section 60(1). This provision is intended to
give the government greater flexibility in relation to the areas of
land subject to a lease under section 60(1)(a) so that adjustments
can be made to facilitate further development or redevelopment
projects involving City Link. It will also enable any corrections
to the leased area involving a reduction in the leased area to be
made.
Subclause (3) inserts a new subsection (2A) into section 60
which makes it clear that a partial surrender of a lease ratified or
given effect to under new section 60(1)(c) to reduce the area of
leased land does not affect the continued operation of any toll
zone specified under section 71(1) or road declaration made
under section 61(1) in respect of any land remaining part of the
leased area following the partial surrender. This provision is
intended to ensure that any partial lease surrender for the purpose
of reducing the leased area does not effect in any way the
continued operation of any current toll zone specifications or
road declarations in respect of the land remaining subject to the
lease.
Subclause (3) also inserts a new subsection (2B) into section 60
which provides that a partial surrender of a lease ratified or given
effect to under section 60(1)(c) does not constitute a full
surrender of the lease and does not affect the operation of the
lease in respect of any part of the leased land that is not
surrendered. This provision is intended to ensure that the partial
4
surrender of a lease resulting in a reduction in the leased area
cannot be considered to be a full surrender of the lease.
Clause 5 inserts a new subsection (1A) into section 62 of the Melbourne
City Link Act 1995. The new section 62(1A) provides that,
notwithstanding the prohibition in section 62(1)(b) on Roads
Corporation exercising any road operation and management
powers conferred on the Link corporation in respect of land
leased under section 60, Roads Corporation may exercise any
road operation and management powers relating to ramp
metering conferred on the Link corporation in respect of land
leased under section 60, in so far as the exercise of those powers
by Roads Corporation is provided for and is in accordance with
any agreement, including agreed guidelines and protocols,
between the Link corporation and the State. This amendment is
intended to ensure that section 62(1)(b) does not prevent Roads
Corporation from exercising such control over the ramp meters
that form part of the freeway management system as is agreed
upon by the Link corporation and the State or Roads Corporation.
Clause 6 amends section 65 of the Melbourne City Link Act 1995 so that
the Registrar of Titles is required, on being requested to do so
and on the delivery of any relevant instrument or document, to
register any partial surrender of lease ratified or given effect to
under the new section 60(1)(c). This provision is intended to
remove any doubt as to whether the Registrar of Titles is required
to register any partial surrender of lease.
Clause 7 Subclause (1) amends section 73(3)(b) of the Melbourne City
Link Act 1995 so that, in relation to the offence of driving an
unregistered vehicle in a toll zone, any driver seeking to rely on
the defence of reasonable belief that the vehicle was covered by a
tollway billing arrangement must also prove that he or she had a
reasonable belief that the billing arrangement was not suspended
at the time of the alleged offence. This amendment is intended to
ensure that the defence cannot be used in cases where a vehicle
involved in an alleged offence was covered by a tollway billing
arrangement but that billing arrangement had been suspended at
the time of the alleged offence and the accused is unable to prove
that he or she believed on reasonable grounds that the billing
arrangement had not been suspended.
Subclause (2) inserts a new subsection (3C) into section 73 to
provide that a certificate purporting to be given by the tollway
operator certifying that at the time of an alleged offence of
driving an unregistered vehicle in a toll zone, the vehicle in
question was covered by a tollway billing arrangement that had
been suspended is admissible in evidence in any proceedings.
5
The provision establishes, further, that in the absence of evidence
to the contrary, such a certificate is proof that the tollway billing
arrangement was suspended at that time. This provision is
intended to facilitate the production and acceptance of evidence
as to the status of a tollway billing arrangement in respect of a
vehicle in order to prevent this becoming an issue of fact where
there is no evidence that the certificate is incorrect.
Subclause (3) amends section 73(7) to make it clear that the
offence in section 73(1) of driving an unregistered vehicle in a
toll zone applies in cases where the vehicle is registered but the
relevant tollway billing arrangement is suspended.
This amendment prevents drivers from escaping prosecution
under section 73(1) by demonstrating that the vehicle was
covered by a tollway billing arrangement in cases where that
billing arrangement had been suspended at the time of the alleged
offence.
Clause 8 amends the definition of relevant road safety law in section 90B
of the Melbourne City Link Act 1995 by substituting
paragraphs (c), (d), (da), (e), (f) and (g) with new paragraphs (c)
to (j). The purpose of the amendment is to remove references to
repealed regulations and to replace them with the equivalent new
regulations, as follows--
· paragraph (c) replaces the current paragraph (c) in order
to substitute the reference to rule 152(1) of the Road
Safety (Road Rules) 1999 (failing to comply with
overhead land control device) with the equivalent
rule 152(1) of the Road Safety Road Rules 2009;
· paragraph (d) replaces the current paragraph (d) in order
to substitute the reference to regulation 222(6) of the
Road Safety (Vehicles) Regulations 1999 (relating to
the use of a vehicle without number plates affixed) with
the equivalent regulation 50 of the Road Safety
(Vehicles) Regulations 2009;
· paragraphs (e) to (g) replace the current paragraph (da)
in order to substitute the reference to regulation 801 of
the Road Safety (Vehicles) Regulations 1999 (relating
to the use of a vehicle with false or altered number
plates) with the equivalent regulations 245, 246 and 247
of the Road Safety (Vehicles) Regulations 2009;
6
· paragraph (h) replaces the current paragraph (e) in order
to substitute the reference to regulation 802(1) of the
Road Safety (Vehicles) Regulations 1999 (relating to a
breach of a load restraint requirement) with the
equivalent regulation 248 of the Road Safety (Vehicles)
Regulations 2009;
· paragraph (i) replaces the current paragraph (f) in order
to substitute the reference to regulation 808(1) (relating
to travelling where a posted mass or dimension limit
would be exceeded) with the equivalent regulation 252
of the Road Safety (Vehicles) Regulations 2009;
· paragraph (j) replaces the current paragraph (g) in order
to substitute the reference to regulation 809(1) (relating
to travelling where a posted height limit would be
exceeded) with the equivalent regulation 253 of the
Road Safety (Vehicles) Regulations 2009.
Clause 9 Subclause (1) inserts a new section 93G(1B) into the Melbourne
City Link Act 1995 which confers an express power on the
Governor in Council to ratify or give effect to a partial surrender
of a lease of Crown land by the lessee with the consent of any
mortgagee or chargee in respect of a lease entered into under
section 93G(1). This provision is intended to give the
government greater flexibility in relation to the areas of land
subject to a lease under section 93G(1) so that adjustments can be
made to facilitate further development or redevelopment projects
involving City Link. It will also enable any corrections to the
leased area involving a reduction in the leased area to be made.
Subclause (2) inserts a new section 93G(3) which makes it clear
that a partial surrender of a lease ratified or given effect to under
section 93G(1B) to reduce the area of leased land does not affect
the continued operation of any toll zone specification made under
section 71(1) or road declaration made under section 93H(1) in
respect of any land remaining part of the leased area following
the partial surrender. This provision is intended to ensure that
any partial lease surrender for the purpose of reducing the leased
area does not effect in any way the continued operation of any
current toll zone specifications or road declarations in respect of
the land remaining subject to the lease.
Subclause (2) also inserts a new subsection (3A) into section 93G
which provides that the partial surrender of a lease ratified or
given effect to under section 93G(1B) does not constitute a full
surrender of that lease and does not affect the operation of the
7
lease in respect of any part of the leased land that is not
surrendered. This provision is intended to ensure that the partial
surrender of a lease resulting in a reduction in the leased area
cannot be considered to be a full surrender of the lease.
Clause 10 inserts a new section 93J into the Melbourne City Link Act
1995 to require the Registrar of Titles, on being requested to do
so and on the delivery of any relevant instrument or document, to
register any partial surrender of lease ratified or given effect to
under the new section 93G(1B). This provision is intended to
remove any doubt as to whether the Registrar of Titles is required
to register the partial surrender of a lease.
PART 4--AMENDMENT OF THE ROAD MANAGEMENT
ACT 2004
Clause 11 Subclause (1) amends clause 5(1) of Schedule 4 to the Road
Management Act 2004 to clarify that a State road authority may
move, keep or impound any vehicle (and anything in, on or
attached to the vehicle) in the case of a vehicle causing an
obstruction or danger. This amendment makes it clear that a
State road authority may keep or impound a vehicle that is
illegally parked or causing an obstruction or danger and makes
this provision consistent with that applying to the removal of
unregistered or abandoned vehicles by State road authorities
under clause 4 of Schedule 4.
Subclause (2) amends clause 5(2) of Schedule 4 to provide that a
State road authority must, upon payment of a fee, return to its
owner a vehicle moved, kept or impounded under clause 5(1) of
Schedule 4. This amendment makes it clear that a State road
authority may keep or impound a vehicle moved, kept or
impounded under clause 5(1) of Schedule 4 until such time as
any fee charged has been paid. This makes the treatment of
vehicles removed under clause 5 consistent with that applicable
to the removal of unregistered or abandoned vehicles under
clause 4 of Schedule 4.
Subclause (2) provides, further, that the fee set for the purposes
of clause 5(2) must not exceed an amount that reasonably
represents the cost to a State road authority of impounding,
moving, keeping and releasing the vehicle. This provision places
a clear limit on the amount of any fee and establishes the means
by which the fee is to be calculated. This amendment makes the
treatment of vehicles removed under clause 5 consistent with that
of unregistered or abandoned vehicles removed under clause 4 of
Schedule 4.
8
Subclause (3) inserts new subclauses (4), (5) and (6) into clause 5
of Schedule 4. The new clause 5(4) will give a State road
authority the power to sell, destroy or give away a vehicle that
has been moved, kept or impounded under clause 5(1) if the
owner of the vehicle does not pay the fee charged under
clause 5(2) within 60 days of the date on which the vehicle was
first moved, kept or impounded. This amendment is intended to
enable State road authorities to dispose of a vehicle if the owner
of that vehicle does not pay the fee relating to its storage or
impoundment. In the absence of such a power, State road
authorities may have no means of recovering the costs they incur
in moving, storing or impounding vehicles under clause 5 if the
owner of the vehicle refuses or neglects to pay the fee.
The new clause 5(5) will require State road authorities, where a
vehicle is moved, kept or impounded under clause 5 of
Schedule 4, to take reasonable steps to notify the vehicle owner
that the vehicle has been moved, kept or impounded under
clause 5(1) and may be sold, destroyed or given away if the fee is
not paid within 60 days. This provision is intended to ensure that
State road authorities do not use their power under clause 5(4) to
dispose of a vehicle without first making reasonable efforts to
contact the owner of that vehicle and give that owner an
opportunity to pay the fee owing and retain ownership of the
vehicle.
The new clause 5(6) provides an immunity for the State road
authority and anyone who obtains the vehicle from a State road
authority under clause 5(4) from any liability to the vehicle
owner or any other person in relation to any action taken under
that subclause. This amendment is intended to provide certainty
to any person or entity that takes title to the vehicle from the road
authority and protect the road authority from any belated legal
claim in respect of the vehicle's disposal under clause 5(4) of
Schedule 4.
All of these amendments achieve consistency in relation to
clauses 4 and 5 of Schedule 4 by ensuring that the same powers
and responsibilities that apply to State road authorities in respect
of vehicles moved, kept or impounded under clause 4 of
Schedule 4 (unregistered or abandoned vehicles) apply also to
those authorities in respect of vehicles moved, kept or impounded
under clause 5 of Schedule 4 (vehicles causing obstruction or
danger).
9
PART 5--AMENDMENT OF THE ROAD SAFETY ACT 1986
Clause 12 amends paragraph (b) of the definition of vehicle identifier in
section 3(1) of the Road Safety Act 1986 by substituting
"clause 58 of Schedule 8 to the Road Safety (Vehicles)
Regulations 1999" with "clause 58 of Schedule 2 to the Road
Safety (Vehicles) Regulations 2009". The purpose of the
amendment is to remove a reference to the Road Safety
(Vehicles) Regulations 1999 as these have been repealed and to
replace it with a reference to the regulations that have replaced
them.
Clause 13 Subclause (1) amends section 33(1) of the Road Safety Act 1986
by substituting "Infrastructure" with "Transport". The purpose of
the amendment is to replace the superseded name of the
Department with its current name.
Subclause (2) amends section 33(15) of the Road Safety Act
1986 by substituting "subsection (14)" with "subsection (13)".
Under section 33 of the Road Safety Act 1986 a person may
apply to the Secretary to the Department of Transport for an
authority to teach other persons to drive a motor vehicle.
The Secretary has the power under subsection (10) to cancel,
suspend or vary that authority if she or he is of the opinion that
the holder of the licence is unfit to hold the authority.
Subsection (13) provides the holder of the authority with the right
to appeal the decision in the Magistrates' Court. Subsection (15),
however, incorrectly refers to an appeal under "subsection (14)".
The purpose of the amendment is to replace this with the correct
reference to "subsection (13)".
Clause 14 amends section 50(1E) of the Road Safety Act 1986 by creating
minimum periods for licence disqualification for certain drug-
driving offences. Currently a court may, on convicting or finding
a person guilty of a drug-driving offence under section 49(1)(bb),
(h) or (i), cancel a driver licence or permit and disqualify the
driver from obtaining one for such period as the court thinks fit,
being not more than 6 months for a first offence and not more
than 12 months for a subsequent offence. Under section 50(1E)
as amended by clause 15 a court must, on convicting or finding a
person guilty of a drug-driving offence under section 49(1)(bb),
(h) or (i), cancel a driver licence or permit and disqualify the
driver from obtaining one for a period not less than 3 months for
a first offence and not less than 6 months for a subsequent
offence. There will be no maximum periods of disqualification.
10
Clause 15 amends section 51(1A) of the Road Safety Act 1986 by
including a reference to the offence under section 49(1)(eb).
The purpose of this amendment is to make persons who commit
a first offence under section 49(1)(eb) of refusing to provide a
sample of oral fluid in a roadside drug-driving test in accordance
with section 55D or 55E, or refusing to comply with any other
requirement made under one of those sections, liable to an
immediate licence suspension. Under section 51(1A) a person
may be given a notice by a police member informing the accused
that his or her licence or permit is immediately suspended until
the charge has been determined. The accused will also be
required to immediately surrender his or her licence or permit
document to the police member who gave the notice.
Clause 16 Subclause (1) amends section 78(2) of the Road Safety Act 1986
by inserting the phrase "(including any part of a second)".
Section 78(2) provides a formula for the calculation of the speed
of a motor vehicle or trailer between 2 points on a road expressed
in kilometres per hour. The purpose of the amendment is to
ensure that the word "seconds" is understood as including parts
of a second, including tenths and one hundredths of a second.
Subclause (2) inserts an example at the foot of section 78(2) of a
motor vehicle travelling between 2 points using parts of a second.
Clause 17 amends section 84(7) of the Road Safety Act 1986 by replacing
a redundant reference to "section 66(1)" with "section 66".
Section 84(7) provides for images or messages produced by a
prescribed road safety camera or a prescribed process to be proof
of certain matters, in the absence of evidence to the contrary.
It refers to proceedings for an offence described in section 66(1).
There is, however, no subsection to section 66.
Clause 18 Paragraph (a) amends the definition of relevant offence in
section 84C(1) of the Road Safety Act 1986 by substituting
"section 65" with "section 65(1)". Section 65 was recently
amended by the Road Legislation Amendment Act 2009 to
include a new offence of carelessly driving a vehicle other than a
motor vehicle. As a result of this amendment, section 65 is now
comprised of three subsections. Only subsection (1) now
concerns an offence relating to a motor vehicle. However, under
section 84C(1) an offence against section 65 is a "relevant
offence" for the purposes of the vehicle impoundment regime
under Part 6A, in circumstances involving improper use of a
motor vehicle. It is not appropriate for the offence under
section 65(2) to be a "relevant offence" as it concerns vehicles
other than motor vehicles (including bicycles), most of which
could not be driven in a manner that could cause the vehicle to
undergo loss of traction.
11
Paragraph (b) amends section 84C(1) of the Road Safety Act
1986 by substituting the definition of Road Rules with a new
definition that provides that "Road Rules means the Road Safety
Road Rules 2009". The purpose of this amendment is to remove
a reference to the Road Safety (Road Rules) Regulations 1999 as
these have been repealed and to replace it with a reference to the
subordinate legislation where the road rules are now located.
Clause 19 amends section 89A(2) of the Road Safety Act 1986 to allow a
person who has been issued with a traffic infringement notice in
respect of an excessive speed infringement to nominate another
driver by giving a statement under section 84BE of the Road
Safety Act 1986 to an enforcement official within the meaning of
Part 6AA.
Clause 20 inserts a new section 89BA in the Road Safety Act 1986 to
provide for an extension of time to nominate another driver in the
circumstances where a person has been issued with a traffic
infringement notice in respect of an excessive speed infringement
but is unaware that the notice has been issued. A person will be
able to apply to an infringements registrar or a registrar of the
Children's Court to have the time for giving a statement under
section 84BE(1) extended.
New subsection (2) sets out the application process and new
subsection (3) sets out the steps to be taken by the infringements
registrar including referring the application to the Magistrates'
Court. New subsection (4) provides that the Magistrates' Court
or registrar of the Children's Court must not grant an extension of
time unless satisfied that the person was not in fact aware, before
the infringement notice took effect as a conviction, that it had
been issued.
New subsection (5) sets out the effects of giving a statement
before the expiry of the extended time, if the extension of time is
granted and an enforcement official accepts a statement as an
effective statement for the purposes of Part 6AA. These include
the setting aside of the conviction.
Clause 21 amends section 89D of the Road Safety Act 1986 to allow a
licence or permit to be suspended for a drug-driving
infringement. Subclause (1) inserts a new heading to section 89D
which expressly refers to "drug-driving infringement".
Subclause (2) substitutes current subsection (1) with provisions
that extend the operation of the licence or permit suspension
powers to persons who have been issued with a drug-driving
infringement. New subsection (1) sets out the circumstances in
which section 89D applies. Section 89D(1) will now apply to
12
persons issued with a traffic infringement notice in respect of an
excessive speed infringement or a drug-driving infringement
where no notice of objection to the infringement notice has been
given and the 28 day period has expired.
New subsection (1AA) provides the licence or permit suspension
periods for a traffic infringement notice issued in respect of an
excessive speed or drug-driving infringement. The suspension
period for a traffic infringement notice issued in respect of an
excessive speed infringement is ascertained in accordance with
Column 2 of Schedule 5 by reference to the speed specified in the
notice. In the case of a traffic infringement notice issued in
respect of a drug-driving infringement, a driver licence or permit
will be suspended for a period of 3 months. New subsection
(1AB) provides that the person will also be disqualified from
obtaining a further licence or permit for the period determined
under subsection (1AA).
Subclause (3) amends sections 89D(6) and 89D(7) by inserting
a reference to drug-driving infringements. Amended section
89D(6) will provide that payment of a penalty in respect of an
excessive speed infringement or a drug-driving infringement may
be made in accordance with the regulations. Amended section
89D(7) will provide that a person (other than a person referred to
in subsection (1A)) who pays a penalty in respect of an excessive
speed infringement or a drug-driving infringement must, on or
before the expiry of the 28 day period, surrender his or her
licence or permit document in accordance with the regulations.
Clause 22 Subclause (1) amends section 92 of the Road Safety Act 1986 by
inserting new subsection (2AA) which provides that the
prohibition in subsection (2) (against disclosing information of a
personal nature or that has commercial sensitivity for the person
about whom it is kept) does not prevent the disclosure of the
vehicle-related information specified in paragraphs (a) to (g).
Subclause (2) inserts new subsection (3B) after section 92(3A) by
providing that subsection (2) does not prevent the Roads
Corporation (VicRoads) or a relevant person from confirming
whether or not a named person or body is the registered operator
of a vehicle or trailer in response to a request from a vehicle
dealer. However, the confirmation will only be given in the
circumstances specified in paragraphs (a) and (b) of new
subsection (3B), namely, if the request is made for the purpose of
determining whether a person or body from whom the vehicle
dealer is purchasing a vehicle or trailer is the registered operator
of the vehicle or trailer, and the vehicle dealer supplies the name
and address of the person or body whom they believe to be the
registered operator of the vehicle or trailer.
13
Subclause (2) also inserts new subsection (3C) which provides a
definition of vehicle dealer for the purposes of subsection (3B).
A vehicle dealer means--
· a motor car trader within the meaning of the Motor Car
Traders Act 1986; or
· an employee of a motor car trader; or
· if, under regulation 31 of the Road Safety (Vehicles)
Regulations 2009, VicRoads has entered into an
arrangement with a person engaged in the sale,
distribution or management of vehicles, that person or
any other person specified in the arrangement to whom
VicRoads has agreed to delegate its powers in relation
to the registration of vehicles.
Subclause (3) amends section 92(4)(a) of the Road Safety Act
1986 by including a reference to new subsection (2AA) and
subsection (2A). The purpose of this amendment is to remove
the information that may be disclosed under new subsection
(2AA) or that is currently disclosed under subsection (2A) from
the scope of section 92(4), with the result that a person or an
authority may request this information without being required to
enter into a confidentiality agreement with VicRoads.
PART 6--AMENDMENT OF OTHER ACTS
Clause 23 Paragraph (a) amends section 217(1) of the Duties Act 2000 by
removing the reference to "regulations 212 and 230 of" and
paragraph (b) substitutes "1999" with "2009". The purpose of
the amendment is to remove the reference to the Road Safety
(Vehicles) Regulations 1999 as these have been repealed and to
replace it with a reference to the regulations that have replaced
them.
Clause 24 Subclause (1) amends section 221U of the Transport
(Compliance and Miscellaneous) Act 1983 by substituting the
note at the foot of the definition of level crossing with a new note
that refers to the Road Safety Road Rules 2009. The purpose of
the amendment is to remove the reference to the Road Safety
(Road Rules) Regulations 1999 as these have been repealed.
The road rules are now located in the Road Safety Road Rules
2009.
Subclause (2) amends sections 221X(1)(a), 221X(2)(a), 221X(4),
221Y(3) and 221Z(2)(b) of the Transport (Compliance and
Miscellaneous) Act 1983 by substituting "Road Safety
(Vehicles) Regulations 1999" with "Road Safety (Vehicles)
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Regulations 2009". The purpose of the amendment is to remove
the reference to the Road Safety (Vehicles) Regulations 1999 as
these have been repealed and to replace it with a reference to the
regulations that have replaced them.
Subclause (3) amends section 230AH(1)(b) of the Transport
(Compliance and Miscellaneous) Act 1983 to ensure that the
regulation-making power extends to processes involving the
transfer of data to and from, and the printing of documents from,
the new smartcard ticketing system's central computer system.
Currently, this provision only empowers the Governor in Council
to make regulations with respect to certain processes involving
"prescribed devices" and it is unclear whether this term extends
to processes involving the new ticketing system's central
computer system. It is important that the regulation-making
powers extend to processes involving this system in order that the
evidentiary provisions set out in sections 230AB to 230AH of the
Transport (Compliance and Miscellaneous) Act 1983 relating
to the giving of computer derived evidence can apply to these
processes. This, in turn, is essential to support prosecutions
involving ticketing offences relating to the new smartcard
ticketing system.
PART 7--REPEAL OF AMENDING ACT
Clause 25 provides for the repeal of the amending Act. This repeal does not
affect the continuing operation of the amendments made by the
amending Act (see section 15(1) of the Interpretation of
Legislation Act 1984).
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