Victorian Numbered Acts

ZERO AND LOW EMISSION VEHICLE DISTANCE-BASED CHARGE ACT 2021 (NO. 18 OF 2021) - SECT 65

In this Part—

"another Australian jurisdiction" means the Commonwealth, another State or a Territory;

"authorised representative", in relation to an individual, means a person who is—

        (a)     a guardian of the individual; or

        (b)     an attorney for the individual under an enduring power of attorney; or

        (c)     a medical treatment decision maker for the individual within the meaning of the Medical Treatment Planning and Decisions Act 2016 ; or

        (d)     an administrator within the meaning of the Guardianship and Administration Act 2019 ; or

        (e)     a parent of an individual, if the individual is a child; or

        (f)     otherwise empowered under law to perform any functions or duties or exercise powers as an agent of or in the best interests of the individual—

except to the extent that acting as an authorised representative of the individual is inconsistent with an order made by a court or tribunal;

"consent "means express consent or implied consent;

"individual" includes a deceased individual;

"information protection agreement" means an agreement between a person or body and the Secretary in relation to relevant information that complies with section 67(2);

"intergovernmental agreement" means a written agreement—

        (a)     between—

              (i)     the Secretary and a person or body outside Victoria that has any functions in relation to roads, vehicles or transport that correspond with any of the functions of the Secretary under transport legislation; or

              (ii)     the Secretary and a Minister of another Australian jurisdiction; or

              (iii)     a Victorian Minister and a Minister of another Australian jurisdiction; or

        (b)     between the Secretary and a public sector body or public sector bodies, whether in Victoria or another Australian jurisdiction, made for the purposes of a national exchange of information relating to vehicles or drivers or to both;

"law enforcement agency" means—

        (a)     Victoria Police or the police force or police service of another Australian jurisdiction;

        (b)     any other body or person responsible for the performance of functions or activities directed to—

              (i)     the prevention, detection, investigation, prosecution or punishment of offences against the laws of Victoria or another Australian jurisdiction; or

              (ii)     the enforcement of infringement penalties (by whatever name they are known in the relevant jurisdiction) issued under a law of Victoria or another Australian jurisdiction; or

              (iii)     the enforcement of the orders of a court;

        (c)     a body or person authorised by a law of Victoria or another Australian jurisdiction to enforce a warrant;

"Minister of another Australian jurisdiction" means a Minister of the Crown in right of that jurisdiction;

"relevant information" means information—

        (a)     that is collected or received by the Secretary in relation to the ZLEV charge; and

        (b)     that identifies an individual or from which an individual's identity can be reasonably ascertained;

"relevant person" means—

        (a)     an employee in the Department; or

        (b)     a person who is a delegate or subdelegate of the Secretary; or

        (c)     a person engaged to provide services for the Secretary;

"transport legislation" has the same meaning as in section 3 of the Transport Integration Act 2010 ;

"Victorian Minister" means a Minister of the Crown in right of Victoria.