Victorian Current Acts Victorian Current ActsIn this Part—
S. 69 def. of authorised person inserted by No. 74/2007 s. 62(a).
"authorised person" means a person authorised in writing by the relevant corporation under section 69B;
S. 69 def. of business day
inserted by No. 102/1998 s. 12.
"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. 69 def. of corresponding body
inserted by No. 74/2007 s. 62(a).
"corresponding body" has the same meaning as in section 84BB of the Road Safety Act 1986 ;
S. 69 def. of corresponding law
inserted by No. 74/2007 s. 62(a).
"corresponding law" has the same meaning as in section 84BB of the Road Safety Act 1986 ;
S. 69 def. of day
inserted by No. 102/1998 s. 12.
"day" means the period between midnight of 2 successive days;
S. 69 def. of effective inserted by No. 74/2007 s. 62(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 72 as, and has not ceased to be, an effective statement for the purposes of this Part;
S. 69 def. of illegal user statement inserted by No. 74/2007 s. 62(a), substituted by No. 8/2019 s. 116(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. 69 def. of known user statement inserted by No. 74/2007 s. 62(a), substituted by No. 8/2019 s. 116(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;
S. 69 def. of nomination rejection statement inserted by No. 74/2007 s. 62(a), substituted by No. 8/2019 s. 116(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; 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;
S. 69 def. of operator inserted by No. 74/2007 s. 62(a), amended by No. 49/2019 s. 186(Sch. 4 item 28.38), substituted by No. 8/2019 s. 116(4) (as amended by No. 49/2019 s. 167).
"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 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 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 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 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 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 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. 69 def. of owner amended by Nos 57/1998 s. 28(4), 92/2001 s. 32(1), repealed by No. 74/2007 s. 62(b).
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S. 69 def. of registered operator inserted by No. 74/2007 s. 62(a).
"registered operator" has the same meaning as in section 3(1) of the Road Safety Act 1986 ;
S. 69 def. of relevant agency inserted by No. 102/1998 s. 12.
"relevant agency" means—
(a) the Link corporation; or
(b) the Link operator; or
(c) the Extension corporation; or
(d) the Extension operator; or
(e) the enforcement agency;
S. 69 def. of responsible person inserted by No. 74/2007 s. 62(a), substituted by No. 8/2019 s. 116(5).
"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;
S. 69 def. of sold vehicle statement inserted by No. 74/2007 s. 62(a), substituted by No. 8/2019 s. 116(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. 69 def. of special circum-stances inserted by No. 8/2019 s. 116(8).
"special circumstances" has the same meaning as it has in the Infringements Act 2006 ;
S. 69 def. of start-up period inserted by No. 102/1998 s. 12, repealed by No. 13/2002 s. 11(1).
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S. 69 def. of taxi-cab inserted by No. 49/2004 s. 6,
amended by No. 6/2010
s. 203(1)
(Sch. 6 item 31.8) (as amended by No. 45/2010
s. 22).
"taxi-cab" has the same meaning as in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983 ;
S. 69 def. of tolling device inserted by No. 8/2019 s. 116(8).
"tolling device" means any system, equipment or thing prescribed as a
tolling device for the purposes of this Part;
S. 69 def. of tolling nomination statement inserted by No. 74/2007 s. 62(a).
"tolling nomination statement" means a tolling nomination statement made by an
authorised person under Part 6AA of the Road Safety Act 1986 ;
S. 69 def. of tollway inserted by No. 49/2004 s. 6.
"tollway" means a road or part of a road in Australia in respect of which a toll or charge for the use of that road or part of that road is payable;
S. 69 def. of tollway billing arrangement inserted by No. 49/2004 s. 6, amended by No. 110/2004 s. 8(1)(a)(ii).
"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. 69 def. of tollway operator inserted by No. 49/2004 s. 6, amended by Nos 14/2007 s. 17, 8/2019 s. 116(7).
"tollway operator" means a person, other than the Link corporation or Extension corporation, who—
(a) operates a tollway under a law of Victoria or of another State or 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—
but does not include the Freeway Corporation within the meaning of the EastLink Project Act 2004 unless a Link roaming agreement (within the meaning of section 93AA) 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;
S. 69 def. of trailer inserted by No. 8/2019 s. 116(8).
"trailer" has the same meaning as it has in the Road Safety Act 1986 ;
S. 69 def. of trip
inserted by No. 102/1998 s. 12.
"trip" means the driving of a vehicle in one direction in one toll zone or more than one toll zones, uninterrupted by exit from the road on which the zone is or zones are and subsequent re-entry to that road, disregarding travel directly between the southern link and the western link as referred to in section 6.
S. 69A inserted by No. 102/1998 s. 13.