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WEST GATE TUNNEL (TRUCK BANS AND TRAFFIC MANAGEMENT) ACT 2019 (NO.
8 OF 2019)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Objects of Act
5. Relationship with the power of the Crown to make an agreement or enter into a contract
6. Declaration this Act is transport legislation
7. Functions and powers of the Secretary
8. West Gate Tunnel Corporation
9. West Gate Tunnel operator
10. Power of delegation
11. Act binds the Crown
PART 2--THE WEST GATE TUNNEL AGREEMENT
Division 1--West Gate Tunnel Agreement
12. Tabling in Parliament
13. Amendment of West Gate Tunnel Agreement
14. Modification of West Gate Tunnel Agreement
15. Revocation
16. Effect of revocation of amending agreement
Division 2--Giving effect to the West Gate Tunnel Agreement
17. Act to prevail over West Gate Tunnel Agreement
18. Enforcement of West Gate Tunnel Agreement
PART 3--TOLLS
Division 1--Preliminary
19. Declaration of relevant West Gate Tunnel Corporation
20. Authorised persons
Division 2--Fixing, charging and administration of tolls
21. Relevant West Gate Tunnel Corporation may fix, charge and collect tolls
22. Fixing of tolls and toll administration fees
Division 3--Charge and collection of tolls
23. Commencement of tolling
24. Liability to pay toll and toll administration fees
25. Toll administration fee not payable for certain vehicles
26. Operator not liable if effective statement made
27. Cancellation of authorised person's acceptance of statement as effective
28. Offence to provide false or misleading information
29. Charging of tolls
30. Tolling device is not surveillance device
31. Minimum debt recovery requirements
Division 4--Tolling offences and registration of vehicles
32. Offence to drive unregistered vehicle in toll zone
33. Registration of vehicles
34. Ongoing registration agreements
35. Temporary registration
36. Information to be given in relation to ongoing registration or temporary registration
37. Cancellation or suspension of registration
38. Offence to tamper with tolling devices
39. Offence to fraudulently induce registration
Division 5--Tolling enforcement
40. Payment of prescribed administrative amount
41. Relevant West Gate Tunnel Corporation or authorised person may notify enforcement agency of non-payment of toll
42. Disputes in relation to payment of tolls
43. Enforcement officers
44. Identification of enforcement officers
45. Power to serve an infringement notice
46. Toll administration infringement notice
47. Infringement penalty
48. Additional effect of expiation
49. Effect of conviction for non-payment of penalty
50. Application of Infringements Act 2006, Fines Reform Act 2014 and Children, Youth and Families Act 2005 procedure
51. Operator onus offence
52. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
53. Granting extension of time
54. The Consolidated Fund
Division 6--Evidentiary provisions
55. Proof that vehicle driven in a toll zone
56. Evidentiary certificates
57. Evidentiary certificates relating to tolls
58. Evidentiary certificate issued by relevant West Gate Tunnel Corporation
Division 7--Disclosure and keeping of records
59. VicRoads may disclose certain information
60. Relevant West Gate Tunnel Corporation to keep proper records
61. Destruction of records
Division 8--Link roaming agreements
62. Definitions
63. Roaming fees
64. Determination of net incremental marginal cost
Division 9--Effect of certain provisions of the Major Transport Projects Facilitation Act 2009
65. Designation of project contractor
66. Declaration or revocation of declaration as a road
PART 4--ADMINISTRATION, LEGAL PROCEEDINGS AND ENFORCEMENT
Division 1--Use of statutory powers and functions for the West Gate Tunnel Project
67. Governor in Council may require bodies to act
68. Powers of certain bodies extended
Division 2--Emergency management
69. Emergency management
Division 3--No liability for obstruction of rivers
70. No liability for obstruction of rivers
Division 4--Service of documents
71. Service of documents
Division 5--Proceedings for offences
72. Proceedings for offences under Part 3
73. Extension of period for commencing prosecution for summary offences
PART 5--THE BETTER FREIGHT OUTCOMES FUND
74. Better Freight Outcomes Fund
75. Payments into the Fund
76. Payments out of the Fund
PART 6--REGULATIONS
77. Regulations
78. Repeal of transitional regulation making powers
PART 7--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND REPEAL OF AMENDING PART
Division 1--Accident Towing Services Act 2007
79. Definitions
80. Power to issue regular tow truck licences
81. Power to issue heavy tow truck licences
82. Issue of new licences and re-issue of certain limited licences
83. Period for which licence remains in force
84. Ministerial authorisation for the issue of regular tow truck licences
85. Ministerial authorisation for the issue of heavy tow truck licences
86. Transfer of tow truck licence to another person
87. Allocation offences in controlled areas
Division 2--Children, Youth and Families Act 2005
88. Application for registration of infringement penalty
89. Decision to go to Court
90. Statute law revision
Division 3--Criminal Procedure Act 2009
91. Definitions
Division 4--EastLink Project Act 2004
92. Definitions
93. Liability to pay toll charged
94. Operator not liable if effective tolling statement made
95. Charge of toll
96. New section 203A inserted
97. Offence to drive unregistered vehicle in toll zone
98. Section 206B substituted
99. Freeway Corporation may notify enforcement agency of non-payment of toll
100. Additional effect of expiation
101. Proof that vehicle driven on EastLink in a toll zone
102. Evidence of certificate or document from VicRoads
103. VicRoads may disclose certain information to Freeway Corporation
104. Proceedings for offences under Part 9
105. Regulations
Division 5--Fines Reform Act 2014
106. Registration of infringement fine with Director
107. Extended period for registration
108. Ministers may enter into administrative services agreements
Division 6--Heavy Vehicle National Law Application Act 2013
109. Road manager
110. Toll road authority
Division 7--Infringements Act 2006
111. Application of Division
112. Service of documents
Division 8--Major Transport Projects Facilitation Act 2009
113. Declaration of roads
Division 9--Magistrates' Court Act 1989
114. Certain agencies may give information for enforcement purposes
Division 10--Melbourne City Link Act 1995
115. Repeal of Division 6 of Part 2B
Division 6--of Part 2B of the Melbourne City Link Act 1995 is repealed.
116. Definitions
117. Liability to pay toll and toll administration fees
118. Charge of toll
119. New section 72C inserted
120. Offence to drive unregistered vehicle in toll zone
121. Section 76 substituted
122. Relevant corporation or authorised person may notify enforcement agency of non-payment of toll
123. Proof that vehicle driven in toll zone
124. General evidentiary provisions
125. Roads Corporation may disclose certain information
126. New Division 6 of Part 4 inserted
127. Proceedings
128. Regulations
129. Statute law revision
Division 11--Road Management Act 2004
130. Definitions
131. Interpretation and application of Act
132. What is a public road?
133. Which road authority is the responsible road authority?
134. Contents of a road management plan
135. Interference with a road
136. Authorised officers
137. Principles concerning performance of road management functions
138. Right to recover for damage to road
139. New section 133C inserted
140. Section 134 substituted
141. New section 134AA inserted
142. Application of Schedule 7 in respect of the EastLink
143. Application of Schedule 7 in respect of the Peninsula Link Freeway
144. New sections 134F and 134G inserted
145. Schedule 1 amended
146. Schedule 7A amended
Division 12--Road Safety Act 1986
147. Definitions
148. New sections 65BA, 65BB, 65BC, 65BD and 65BE inserted
149. Definitions
150. Use of effective statement to avoid liability
151. Statute law revision
Division 13--Transport Integration Act 2010
152. Definitions
153. Delegation by Secretary
Division 14--Repeal of amending Part
154. Repeal of amending Part
ENDNOTES
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