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WEST GATE TUNNEL (TRUCK BANS AND TRAFFIC MANAGEMENT) ACT 2019
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Objects of Act
5. Relationship with the power of the Crown to make an agreement or enter into a contract
6. Declaration this Act is transport legislation
7. Functions and powers of the Secretary
8. West Gate Tunnel Corporation
9. West Gate Tunnel operator
10. Power of delegation
11. Act binds the Crown
PART 2--THE WEST GATE TUNNEL AGREEMENT
Division 1--West Gate Tunnel Agreement
12. Tabling in Parliament
13. Amendment of West Gate Tunnel Agreement
14. Modification of West Gate Tunnel Agreement
15. Revocation
16. Effect of revocation of amending agreement
Division 2--Giving effect to the West Gate Tunnel Agreement
17. Act to prevail over West Gate Tunnel Agreement
18. Enforcement of West Gate Tunnel Agreement
PART 3--TOLLS
Division 1--Preliminary
19. Declaration of relevant West Gate Tunnel Corporation
20. Authorised persons
Division 2--Fixing, charging and administration of tolls
21. Relevant West Gate Tunnel Corporation may fix, charge and collect tolls
22. Fixing of tolls and toll administration fees
Division 3--Charge and collection of tolls
23. Commencement of tolling
24. Liability to pay toll and toll administration fees
25. Toll administration fee not payable for certain vehicles
26. Operator not liable if effective statement made
27. Cancellation of authorised person's acceptance of statement as effective
28. Offence to provide false or misleading information
29. Charging of tolls
30. Tolling device is not surveillance device
31. Minimum debt recovery requirements
Division 4--Tolling offences and registration of vehicles
32. Offence to drive unregistered vehicle in toll zone
33. Registration of vehicles
34. Ongoing registration agreements
35. Temporary registration
36. Information to be given in relation to ongoing registration or temporary registration
37. Cancellation or suspension of registration
38. Offence to tamper with tolling devices
39. Offence to fraudulently induce registration
Division 5--Tolling enforcement
40. Payment of prescribed administrative amount
41. Relevant West Gate Tunnel Corporation or authorised person may notify enforcement agency of non-payment of toll
42. Disputes in relation to payment of tolls
43. Enforcement officers
44. Identification of enforcement officers
45. Power to serve an infringement notice
46. Toll administration infringement notice
47. Infringement penalty
48. Additional effect of expiation
49. Effect of conviction for non-payment of penalty
50. Application of Infringements Act 2006, Fines Reform Act 2014 and Children, Youth and Families Act 2005 procedure
51. Operator onus offence
52. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
53. Granting extension of time
54. The Consolidated Fund
Division 6--Evidentiary provisions
55. Proof that vehicle driven in a toll zone
56. Evidentiary certificates
57. Evidentiary certificates relating to tolls
58. Evidentiary certificate issued by relevant West Gate Tunnel Corporation
Division 7--Disclosure and keeping of records
59. Secretary may disclose certain information
59A. Secretary must disclose certain interstate information
60. Relevant West Gate Tunnel Corporation to keep proper records
61. Destruction of records
Division 8--Link roaming agreements
62. Definitions
63. Roaming fees
64. Determination of net incremental marginal cost
Division 8A--North East Link roaming agreement
64A. Definitions
64B. Making North East Link roaming agreement
64C. Roaming fees
64D. Determination of net incremental marginal cost
Division 9--Effect of certain provisions of the Major Transport Projects Facilitation Act 2009
65. Designation of project contractor
66. Declaration or revocation of declaration as a road
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
68. Powers of certain bodies extended
Division 2--Emergency management
69. Emergency management
Division 3--No liability for obstruction of rivers
70. No liability for obstruction of rivers
Division 4--Service of documents
71. Service of documents
Division 5--Proceedings for offences
72. Proceedings for offences under Part 3
73. Extension of period for commencing prosecution for summary offences
PART 5--THE BETTER FREIGHT OUTCOMES FUND
74. Better Freight Outcomes Fund
75. Payments into the Fund
76. Payments out of the Fund
PART 6--REGULATIONS
77. Regulations
78. Repeal of transitional regulation making powers
ENDNOTES
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