Victorian Numbered Acts

TRANSPORT LEGISLATION (MISCELLANEOUS AMENDMENTS) ACT 2004 (NO 49 OF 2004) - SECT 15

    (1)     Insert the following heading to section 90B of the Melbourne City Link Act 1995 —

"Disclosure and use of information for enforcement of criminal law and certain road safety laws" .

    (2)     In section 90B(1) of the Melbourne City Link Act 1995 insert the following definitions—

' "authorised Roads Corporation officer" means an officer of the Roads Corporation authorised under sub-section (1A);

"enforcement of a relevant road safety law" means any activity in relation to—

        (a)     investigating whether an offence against a relevant road safety law has been committed;

        (b)     prosecuting an offence against a relevant road safety law;

        (c)     detecting, or preventing, the commission of an offence against a relevant road safety law;

"relevant road safety law" means—

        (a)     section 64 of the Road Safety Act 1986 ; or

        (b)     section 65 of the Road Safety Act 1986 ; or
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        (c)     rule 152(1) of the "Road Rules" within the meaning of the Road Safety (Road Rules) Regulations 1999; or

        (d)     regulation 222(6) of the Road Safety (Vehicles) Regulations 1999; or

        (e)     regulation 802(1) of the Road Safety (Vehicles) Regulations 1999; or

        (f)     regulation 808(1) of the Road Safety (Vehicles) Regulations 1999; or

        (g)     regulation 809(1) of the Road Safety (Vehicles) Regulations 1999;'.

    (3)     After section 90B(1) of the Melbourne City Link Act 1995 insert —

    "(1A)     The Roads Corporation may, in writing, authorise an officer of the Roads Corporation to be an authorised Roads Corporation officer for the purposes of this section.".

    (4)     For section 90B(2) of the Melbourne City Link Act 1995 substitute —

    "(2)     A person to whom section 90A applies may disclose restricted tolling information to a member of the police force or an authorised Roads Corporation officer if—

        (a)     an authorised police officer has certified in writing that the disclosure is reasonably necessary for the enforcement of the criminal law or the enforcement of a relevant road safety law; or

        (b)     the Roads Corporation has certified in writing that the disclosure is reasonably necessary for the enforcement of a relevant road safety law.".

    (5)         In section 90B(3) of the Melbourne City Link Act 1995 —

        (a)     after "force" insert "or an authorised Roads Corporation officer";

        (b)     for "she or he" (where twice occurring) substitute "the member or officer";

        (c)     after "the enforcement of the criminal law" insert "or the enforcement of a relevant road safety law".