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ROAD MANAGEMENT (GENERAL) AMENDMENT REGULATIONS 2019 (SR NO 151 OF 2019) - SCHEDULE 1

Schedule 1—Consequential amendments to the Road Management (General) Regulations 2016

Regulation 4

    1     In regulation 5(1)—

        (a)     insert the following definitions—

""Head, Transport for Victoria contractor "means a person engaged directly or indirectly by the Head, Transport for Victoria to carry out work on behalf of the Head, Transport for Victoria and includes a subcontractor;

Head Transport for Victoria property means any property other than a road which is owned or occupied by the Head, Transport for Victoria as a road authority;";

        (b)     in the definition of "construction zone", for "VicRoads or a VicRoads" substitute "the Head, Transport for Victoria or a Head, Transport for Victoria";

        (c)     in the definition of "relevant corporation", for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria";

        (d)     in the definition of "vehicle", for " 1986 ;" substitute " 1986 .";

        (e)     the definitions of VicRoads contractor and VicRoads' property are revoked .

    2     In regulation 17—

        (a)     in subregulation (1), for "VicRoads" substitute "the Head, Transport for Victoria";

        (b)     in subregulation (3), for "VicRoads" substitute "The Head, Transport for Victoria".

    3     In the heading to regulation 19, for " VicRoads' property " substitute " Head, Transport for Victoria property ".

    4     For regulation 19(1) to (4) substitute

    "(1)     The Head, Transport for Victoria may place at or near the boundary of any Head, Transport for Victoria property a sign advising that entry to that property is prohibited without the written consent of the Head, Transport for Victoria.

    (2)     If a sign has been placed in accordance with subregulation (1), a person must not enter or remain on Head, Transport for Victoria property without the written consent of the Head, Transport for Victoria.

Penalty:     10 penalty units.

    (3)     Subregulation (2) does not apply to—

        (a)     a person authorised or permitted to enter or remain on Head, Transport for Victoria property by or under the Act or any other Act; or

        (b)     a works manager engaged or employed by the Head, Transport for Victoria; or

Note

Works manager is defined in section 3(1) of the Act.

        (c)     a person acting under the supervision of a works manager engaged or employed by the Head, Transport for Victoria; or

        (d)     a Head, Transport for Victoria contractor; or

        (e)     an employee or agent of a public sector body within the meaning of the Public Administration Act 2004 who is acting in the course of that person's employment or authority.

    (4)     If a sign has been placed in accordance with subregulation (1), a person who has consent for the purposes of this regulation, when entering or being on Head, Transport for Victoria property, on request, must produce—

        (a)     the consent to a police officer or a person authorised by the Head, Transport for Victoria; and

        (b)     evidence to verify that the person is the person named in the consent.

Penalty:     10 penalty units.".

    5     In regulation 19(6)—

        (a)     for "VicRoads' property" substitute "Head, Transport for Victoria property";

        (b)     for "VicRoads" substitute "the Head, Transport for Victoria".

    6     In regulation 20, for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria".

    7     In regulation 21(1), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria".

    8     In regulation 23(3)(c), for "VicRoads" substitute "the Head, Transport for Victoria".

    9     In regulation 24(1), after "authorised officer of a road authority" insert ", or a person authorised by a road authority,".

    10     In regulation 25(6), in the definition of appropriate road authority

        (a)     in paragraph (b), for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria";

        (b)     in the note at the foot of paragraph (b), for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria".

    11     In note 2 at the foot of regulation 26(1) omit "of a road authority".

    12     In regulation 27, for "VicRoads" (wherever occurring) substitute "the Head, Transport for Victoria".

    13     In regulation 28, for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria".

    14     In the example at the foot of regulation 28, for "VicRoads" (where twice occurring) substitute "the Head, Transport for Victoria".

    15     In Column 1 of Schedule 1, for "VicRoads' property" (wherever occurring) substitute "Head, Transport for Victoria property".

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