Victorian Numbered Acts

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NORTH EAST LINK ACT 2020 (NO. 18 OF 2020) - SECT 113

Regulations

    (1)     The Governor in Council may make regulations for or with respect to the following—

        (a)     prescribing requirements with respect to placing notices on or in the vicinity of the North East Link 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 tolling devices are to be installed, set up, tested, operated, used, maintained or repaired;

        (d)     prescribing the manner in which information from 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 vehicles or classes of vehicle from the payment of tolls and toll administration fees;

        (f)     the registration of vehicles and the exemption by the relevant North East Link Tolling Corporation of vehicles from the requirement to be registered;

        (g)     prescribing methods of recording the payment of tolls;

        (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 70 ;

        (k)     prescribing an amount for the purposes of section 78(1);

        (l)     prescribing criteria for the purposes of section 78(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;

        (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.

Part 7—Amendment of other Acts

Division 1— Accident Towing Services Act 2007



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