Victorian Numbered Acts Victorian Numbered ActsAfter Division 6 of Part 4 of the Melbourne City Link Act 1995 insert —
In this Division—
"net incremental marginal cost", in relation to a North East Link roaming service, means—
(a) the additional cost to the relevant corporation of providing the North East Link roaming service (net of any savings) calculated in accordance with a determination referred to in section 93AJ(1); or
(b) the amount that is determined to be the net incremental marginal cost to the relevant corporation of providing the North East Link roaming service as referred to in section 93AJ(2); or
(c) if neither paragraph (a) nor paragraph (b) applies, the additional cost to the relevant corporation of providing the North East Link roaming service (net of any savings);
"North East Link roaming agreement" means an agreement between the relevant corporation and the relevant North East Link Tolling Corporation relating to the use in a North East Link toll zone of a class or classes of vehicles that are registered with the relevant corporation, including an agreement arising under section 93AH(5);
"North East Link roaming service" means a service relating to the billing and payment of amounts for tolls and charges relating to the use in a North East Link toll zone of a class or classes of vehicles that are registered with the relevant corporation;
"North East Link toll zone" means a toll zone within the meaning of the North East Link Act 2020 ;
relevant North East Link Tolling Corporation has the same meaning as in the North East Link Act 2020 .
(1) This section applies if the relevant corporation, either directly or by arrangement with another person, registers or offers to register vehicles under this Act, other than temporary registration under section 73C.
(2) The relevant North East Link Tolling Corporation may give notice to the relevant corporation of its intention to commence negotiations for the purpose of entering into a North East Link roaming agreement.
(3) If notice is given under subsection (2), the parties must use all reasonable endeavours to negotiate a North East Link roaming agreement within 50 business days.
(4) If the parties fail to negotiate a North East Link roaming agreement within 50 business days, either party may refer the matter to be determined by a person appointed by the Minister.
(5) The person appointed by the Minister must make a determination of the terms and conditions of the agreement and upon doing so a North East Link roaming agreement is taken to arise between the parties on those terms and conditions.
(6) The Minister may issue guidelines in relation to—
(a) the form and content of a North East Link roaming agreement; and
(b) the process for determining the matter referred to in subsection (4).
(1) The fee or charge that may be imposed by the relevant corporation on the relevant North East Link Tolling Corporation under a North East Link roaming agreement for the provision of a North East Link roaming service must not exceed the amount that represents the net incremental marginal cost to the relevant corporation of providing that North East Link roaming service.
(2) Any agreement or arrangement existing on or after the commencement of this section that is inconsistent with subsection (1) is void to the extent of the inconsistency.
(1) The Secretary may, by notice published in the Government Gazette, determine the method and criteria to be used for calculating the additional cost to the relevant corporation of providing a North East Link roaming service.
(2) The Secretary, on the joint application of the relevant corporation and the relevant North East Link Tolling Corporation, may, by notice published in the Government Gazette, determine an amount to be the net incremental marginal cost to the relevant corporation of providing a North East Link roaming service.
(3) A determination of an amount to be the net incremental marginal cost may provide for the amount to be a variable amount to be determined in accordance with an agreement existing at the date of the determination between the relevant corporation and the relevant North East Link Tolling Corporation.
(4) The Secretary must not make a determination of an amount to be the net incremental marginal cost unless the Secretary is satisfied that the amount to be determined has been agreed to by the relevant corporation and the relevant North East Link Tolling Corporation.
(5) On the publication in the Government Gazette of any determination under this section, any existing determination under this section is revoked.".
Division 11— Road Management Act 2004