Victorian Current Acts Victorian Current Acts(1) In this Act—
"Agreement" means—
(a) the agreement for the Project entered into under section 15 and the exhibits to that agreement; or
(b) if all or any of the provisions of the agreement for the Project entered into under section 15 or the exhibits to that agreement are amended, the agreement and the exhibits as so amended;
"Amending agreement" means an Amending agreement under section 17(1) ;
"approved Utility agreement" means a Utility agreement that is approved by the Authority under section 157;
"arterial road" has the same meaning as it has in the Road Management Act 2004 ;
S. 3(1) def. of authorised person inserted by No. 74/2007 s. 39(a).
"authorised person" means a person authorised in writing by the Freeway Corporation under section 197AA;
S. 3(1) def. of Authority substituted by No. 93/2009 s. 37, amended by Nos 49/2019 s. 186(Sch. 4 item 15.2(c)), 13/2024 s. 3(Sch. 1 item 4).
"Authority" means the Head, Transport for Victoria;
"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 ;
S. 3(1) def. of Central Plan Office amended by No. 70/2013 s. 4(Sch. 2 item 14.1(a)), repealed by No. 53/2017 s. 73.
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S. 3(1) def. of correspond-ing body inserted by No. 74/2007 s. 39(a).
"corresponding body" has the same meaning as in section 84BB of the Road Safety Act 1986 ;
S. 3(1) def. of correspond-ing law inserted by No. 74/2007 s. 39(a).
"corresponding law" has the same meaning as in section 84BB of the Road Safety Act 1986 ;
S. 3(1) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 28.1).
"Council" has the same meaning as it has in the Local Government Act 2020 ;
"Crown land" includes a stratum of Crown land;
"decision-maker", in Part 8, means—
(a) the Minister and the Utility Minister; or
(b) a person appointed under section 189;
"declared freeway use agreement" means an agreement in a class of agreements declared under section 202 to be declared freeway use agreements;
S. 3(1) def. of Department Head amended by No. 108/2004 s. 117(1) (Sch. 3 item 135).
"Department Head" has the same meaning as it has in the Public Administration Act 2004 ;
S. 3(1) def. of Director, Fines Victoria inserted by No. 17/2022 s. 98.
"Director, Fines Victoria" has the same meaning as Director has in section 3 of the Fines Reform Act 2014 ;
S. 3(1) def. of EastLink inserted by No. 95/2005 s. 4(3)(a).
"EastLink" means land declared under section 143 to be a road and includes any part of that land;
S. 3(1) def. of effective inserted by No. 74/2007 s. 39(a).
"effective", in relation to an illegal user statement, a known user statement or a sold vehicle statement, means a statement that is, or is accepted by an authorised person under section 199 as, and has not ceased to be, an effective statement for the purposes of Part 9;
"enactment" means an Act or a regulation under an Act;
"enforcement agency" means—
(a) the Chief Commissioner of Police; or
(b) if another person is prescribed by the regulations to be the enforcement agency with respect to all or any part of the enforcement agency's functions, that other person in respect of those functions;
"enforcement officer" means a person appointed under section 208 ;
Extended Project area has the meaning given by section 6 ;
"freeway" has the same meaning as it has in the Road Management Act 2004 ;
S. 3(1) def. of Freeway Corporation substituted by No. 14/2005 s. 3.
Freeway Corporation means the person who, for the time being, is the Freeway Corporation under section 10;
S. 3(1) def. of freeway use agreement amended by No. 95/2005 s. 4(3)(c).
"freeway use agreement" means—
(a) an agreement between the Freeway Corporation and another person for the use of a vehicle on EastLink; or
(b) a declared freeway use agreement;
S. 3(1) def. of Head, Transport for Victoria inserted by No. 49/2019 s. 186(Sch. 4 item 15.2(b)).
"Head, Transport for Victoria" has the same meaning as in section 3 of the Transport Integration Act 2010 ;
S. 3(1) def. of illegal user statement inserted by No. 74/2007 s. 39(a), substituted by No. 8/2019 s. 92(1).
"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;
S. 3(1) def. of known user statement inserted by No. 74/2007 s. 39(a), substituted by No. 8/2019 s. 92(2).
"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;
"land" includes a stratum of land;
"lease" in Division 3 of Part 5, means a lease granted under section 103;
"lessee" means a person who is for the time being the lessee under a lease granted under section 103;
"leased land" means land that is the subject of a lease granted under section 103;
"licence" in Division 2 of Part 5, means a licence issued under section 90(1) or 90(2);
"licensee" means—
(a) a person who is for the time being the holder of a licence issued under section 90(1); or
(b) in Division 2 of Part 5, a person who is for the time being the holder of a licence issued under section 90(1) or 90(2);
"licensed land" means land that is subject to a licence issued under section 90(1);
S. 3(1) def. of Mitcham-Frankston Freeway repealed by No. 95/2005 s. 4(3)(b).
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"municipal road" has the same meaning as it has in the Road Management Act 2004 ;
"Native Title Act" means the Native Title Act 1993 of the Commonwealth;
S. 3(1) def. of nomination rejection statement inserted by No. 74/2007 s. 39(a), substituted by No. 8/2019 s. 92(3).
"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;
"non-arterial State road" has the same meaning as it has in the Road Management Act 2004 ;
"notified Utility infrastructure" means Utility infrastructure—
(a) that is identified under section 159; or
(b) that has been notified under section 161;
S. 3(1) def. of operator inserted by No. 74/2007 s. 39(a), amended by No. 49/2019 s. 186(Sch. 4 item 15.2(d)), substituted byNo. 8/2019 s. 92(4) (as amended by No. 49/2019 s. 164).
"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 Transport Secretary 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 Transport Secretary 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 the Transport Secretary 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 Transport Secretary 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 Transport Secretary 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 the Transport Secretary 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;
S. 3(1) def. of owner repealed by No. 74/2007 s. 39(b).
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S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 48.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of prescribed tolling system inserted by No. 14/2007 s. 15(2).
"prescribed tolling system" means a tolling system prescribed for the purposes of Part 9;
"Project" means the project described in section 4 or any part of that project;
Project area has the meaning given by section 5;
"Project construction work" means work for the construction of the Project;
"Project Document" means a document of a class that is designated in the 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;
"public land" means—
(a) Crown land; or
(b) land owned by or vested in a public authority;
"rectification" includes repair, replacement and reinstatement;
S. 3(1) def. of registered operator inserted by No. 74/2007 s. 39(a).
"registered operator" has the same meaning as in section 3(1) of the Road Safety Act 1986 ;
"reserved Crown land" means land reserved or deemed to be reserved for any public purpose under the Crown Land (Reserves) Act 1978 ;
"reserved project land" means land that is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project;
S. 3(1) def. of responsible person inserted by No. 74/2007 s. 39(a), substituted by No. 8/2019 s. 92(5).
"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;
"road" has the same meaning as it has in the Road Management Act 2004 ;
"road authority" has the same meaning as it has in the Road Management Act 2004 ;
S. 3(1) def. of Secretary to the Department of Environment and Primary Industries inserted by No. 70/2013 s. 4(Sch. 2 item 14.1(c)).
Secretary to the Department of Environment and Primary Industries means the Department Head of the Department of Environment and Primary Industries
"Secretary to the Department of Infrastructure" means the body corporate established under section 35 of the Project Development and Construction Management Act 1994 ;
S. 3(1) def. of Secretary to the Department of Sustainability and Environment repealed by No. 70/2013 s. 4(Sch. 2 item 14.1(b)).
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S. 3(1) def. of sold vehicle statement inserted by No. 74/2007 s. 39(a), substituted by No. 8/2019 s. 92(6).
"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;
S. 3(1) def. of special circum-stances inserted by No. 8/2019 s. 92(7).
"special circumstances" has the same meaning as it has in the Infringements Act 2006 ;
"stratum of Crown land" means a stratum of land that is Crown land;
"stratum of land" means a part of land consisting of a space of any shape, below on or above the surface of the land, or partly below and partly above the surface of the land, all the dimensions of which are limited;
"surplus land" means land determined under section 121 to be surplus land;
"toll" means a toll fixed under section 195;
"toll administration fee" means a toll administration fee fixed under section 195;
"toll zone" means a toll zone specified under section 195;
S. 3(1) def. of tolling nomination statement inserted by No. 74/2007 s. 39(a).
"tolling nomination statement" means a tolling nomination statement made by an
authorised person under Part 6AA of the Road Safety Act 1986 ;
S. 3(1) def. of tollway billing arrangement inserted by No. 74/2007 s. 39(a).
"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 in a tollway;
S. 3(1) def. of tollway operator inserted by No. 74/2007 s. 39(a).
"tollway operator" means a person, other than the Freeway 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;
"traffic control centre" means an area of land declared under section 8 to be the traffic control centre;
S. 3(1) def. of trailer inserted by No. 8/2019 s. 92(7).
"trailer" has the same meaning as it has in the Road Safety Act 1986 ;
S. 3(1) def. of Transport Secretary inserted by No. 49/2019 s. 186(Sch. 4 item 15.2(b)).
"Transport Secretary" means the Secretary to the Department of Transport;
"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;
S. 3(1) def. of trip substituted by Nos 95/2005 s. 4(3)(d), 14/2007 s. 15(1), 74/2007 s. 39(c).
"trip" means the driving of a vehicle on EastLink—
(a) in a single direction; and
(b) through one or more toll zones (without repeating a toll zone); and
(c) within the space of a single hour; and
(d) whether or not that driving is interrupted by exit from EastLink; and
(e) that, if the driving is interrupted by exit from EastLink, involves re-entering at a point that is forwards of the point of exit;
"unnotified Utility infrastructure" means Utility infrastructure—
(a) that has not been identified under section 159; or
(b) that has not been notified under section 161;
S. 3(1) def. of Utility amended by No. 17/2009 s. 30, substituted by
No. 6/2010
s. 203(1)
(Sch. 6 item 14(a)) (as amended by No. 45/2010
ss 22, 23(4)(a)), amended by Nos 61/2011 s. 25(Sch. 1
item 4), 22/2013 s. 53, 49/2019 s. 186(Sch. 4
item 15.2(e)).
"Utility" means—
(a) a utility within the meaning of the Road Management Act 2004 ; or
(b) a provider of public transport within the meaning of the Road Management Act 2004 ; or
(c) the Head, Transport for Victoria; or
(d) a rail transport operator within the meaning of the Rail Safety National Law (Victoria);
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"Utility agreement" means an agreement entered into under section 154 and, if that agreement is amended under section 158, that agreement as so amended;
S. 3(1) def. of Utility infrastructure amended by
No. 6/2010
s. 203(1)
(Sch. 6 item 14(b)) (as amended by No. 45/2010
ss 22, 23(4)(a)).
"Utility infrastructure" means any part of the supply, distribution or reticulation network operated or managed by a Utility, including—
(a) poles, pipes, cables, wires, conduits and tunnels; and
(b) rail infrastructure and tram infrastructure (both within the meaning of the Rail Management Act 1996 );
"Utility Minister" in relation to a Utility, means the Minister for the time being administering any Act—
(a) under which a Utility is authorised to provide an infrastructure service; or
(b) that regulates the provision by the Utility of an infrastructure service;
"variation" means an amendment of the Agreement made under section 17(2);
"variation statement" means a statement setting out the terms of a variation;
"vehicle" has the same meaning as motor vehicle has in the Road Safety Act 1986 ;
S. 3(1) def. of VicRoads amended by No. 6/2010
s. 203(1)
(Sch. 6 item 14(c)) (as amended by No. 45/2010
ss 22, 23(4)(a)(b)), repealed by No. 49/2014
s. 186(Sch. 4 item 15.2(a)).
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"works" has the same meaning as it has in the Road Management Act 2004 .
(2) In this Act, the expressions "just terms", native title , native title holder , native title rights and interests , registered native title body corporat e and registered native title claimant have the same respective meanings as they have in the Native Title Act 1993 of the Commonwealth.
(3) The Premier may determine a Minister as the Utility Minister for a Utility and if a determination is made that Minister is deemed to be the Utility Minister for that Utility for the purposes of this Act.
S. 3(4) inserted by No. 14/2007 s. 15(3).
(4) For the purposes of this Act, the period of a trip commences—
(a) in the case of the first driving of a vehicle on EastLink in a particular direction, when that vehicle is first detected by the prescribed tolling system as travelling in that direction; and
(b) in the case of any other driving on EastLink, when that vehicle is first detected by the prescribed tolling system as travelling in a particular direction after the last trip in that direction.
S. 3A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 5) (as amended by No. 45/2010 ss 5, 23(3)).