road legislation further amendment act 2016 · part 5—amendment of heavy vehicle national law...

Authorised by the Chief Parliamentary Counsel

Authorised Version

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Road Legislation Further Amendment Act 2016 No. 70 of 2016

TABLE OF PROVISIONS Section Page

Part 1—Preliminary 1 1 Purposes 1 2 Commencement 4

Part 2—Amendment of Road Management Act 2004 5 3 Register of public roads 5 4 Written consent required for placing of specified things on a

road or road infrastructure 5 5 Removal of stationary vehicles 5

Part 3—Amendment of Road Safety Act 1986 7

Division 1—Amendment relating to holder of overseas licence 7

6 Offence if driver not licensed 7

Division 2—Alcohol interlock condition for interstate offence 7 7 Offence if driver not licensed 7 8 Driver licences 8 9 New section 25 inserted 8 10 Appeal to Magistrates' Court 11 11 Effect of licence eligibility order 11 12 New sections 31KA, 31KB and 31KC substituted 12 13 Administrative scheme for removal of alcohol interlock

condition 16 14 Application to Magistrates' Court for direction 18 15 Exemption from, or removal of, alcohol interlock condition on

medical grounds 18 16 Alcohol interlock condition removal order 18 17 Effect of alcohol interlock condition removal order 19 18 Cost recovery fees 19 19 Previous convictions 20 20 Zero blood or breath alcohol 21 21 General duty of driver or person in charge of motor vehicle 21 22 New section 103ZJ inserted 21

Section Page

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Division 3—Miniaturised motor cycles 22 23 Definitions 22 24 New section 65C inserted 22 25 Definitions for Part 6A 23 26 Notice to driver and registered operator 23 27 Content of notice 25 28 Sale or disposal of uncollected motor vehicles and items 25 29 Notice to be given of intention to sell or dispose 26 30 Sale or disposal of motor vehicles and items deemed to be

abandoned 26 31 Notice to be given of intention to deem motor vehicle

abandoned 27

Division 4—Taking and storage of blood samples 27

32 Repeal of provisions requiring blood sample to be provided to person from whom sample was taken 27

33 Blood samples to be taken in certain cases 28 34 Evidentiary provisions—blood tests 28

Division 5—Other amendments of Road Safety Act 1986 28 35 Provisions about cancellation and disqualification 28 36 Surrender of motor vehicle 28 37 Sale or disposal of motor vehicles and items deemed to be

abandoned 29 38 Service of notices 29 39 Regulations 30 40 References to Department of Health 31 41 References to Department of Transport, Planning and Local

Infrastructure 32

Part 4—Amendments relating to the Melbourne City Link Act 1995 36

Division 1—City Link Tullamarine Widening Project 36 42 New Part 2C inserted 36

Division 2—Use and disclosure of information 41 43 Definitions 41 44 Toll administration infringement notice 41 45 Application of Infringements Act procedure 41 46 Division 3 of Part 4 substituted 41 47 Section 15 of the Independent Broad-based Anti-corruption

Commission Act 2011 amended 42 48 Part 8 of the Independent Broad-based Anti-corruption

Commission Act 2011 repealed 42

Section Page

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Division 3—Legislative instruments 43 49 New section 12D inserted 43

Division 4—Miscellaneous amendments 44

50 Approvals not required 44 51 New section 115A inserted 44

Part 5—Amendment of Heavy Vehicle National Law Application Act 2013 45

52 Exclusion of legislation of this jurisdiction 45

Part 6—Repeal of amending Act 46

53 Repeal of amending Act 46 ═══════════════

Endnotes 47

1 General information 47


Authorised Version

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Road Legislation Further Amendment

Act 2016† No. 70 of 2016

[Assented to 29 November 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary 1 Purposes

The main purposes of this Act are—

(a) to amend the Road Management Act 2004 to clarify that the Roads Corporation may tow away any stationary vehicle left on a road in respect of which the Corporation is the coordinating road authority and to make other minor amendments to that Act; and

Victoria

Part 1—Preliminary


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(b) to amend the Road Safety Act 1986— (i) to provide that the holder of any

overseas licence, other than a motor cycle licence, may drive any vehicle that is authorised to be driven by a general "car licence" (i.e. a licence to drive a vehicle with a GVM of not more than 4·5 tonnes); and

(ii) to extend the administrative scheme for imposing alcohol interlock conditions on Victorian driver licences and learner permits issued to persons whose licence or permit was cancelled because of a drink-driving offence committed in another jurisdiction; and

(iii) to create a new offence relating to the riding of a miniaturised motor cycle in a road or road related area and to allow Victoria Police to dispose of a miniaturised motor cycle that has been impounded in relation to that offence without having to give the notice that otherwise applies to an impounded motor vehicle; and

(iv) to amend procedures relating to the taking and storage of blood samples in hospital; and

(v) to increase the disqualification period that applies to a person who is convicted or found guilty of refusing to provide a sample of oral fluid (used to test for the presence of prescribed illicit drugs); and

(vi) to extend the time by which Victoria Police are required to serve a notice requiring the surrender of a vehicle that



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is believed to have been used in an offence relating to the pursuit of the vehicle by the Victoria Police; and

(vii) to expressly permit notices under that Act to be served by means of electronic communication; and

(viii) to provide a general regulation making power to prescribe fees for services provided by the Corporation; and

(ix) to remove references to the former Department of Transport, Planning and Local Infrastructure and to update references to the Department of Health; and

(c) to amend the Melbourne City Link Act 1995—

(i) to provide for the interim operation of the City Link Tullamarine Widening Project; and

(ii) to repeal the provisions related to the use and disclosure of restricted tolling information under Division 3 of Part 4 and to provide for the disclosure of certain information by the Roads Corporation; and

(iii) to specify that certain instruments made under that Act are not legislative instruments for the purposes of the Subordinate Legislation Act 1994; and

(iv) to further provide for consequential amendments as a result of the repeal of the definition of Authority by the Melbourne City Link (Miscellaneous Amendments) Act 2000; and



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(v) to make minor and consequential amendments; and

(d) to amend the Independent Broad-based Anti-corruption Commission Act 2011 to repeal Part 8 that provides for the monitoring and review of compliance with Division 3 of Part 4 of the Melbourne City Link Act 1995 and to make a consequential amendment; and

(e) to make a minor correction to the Heavy Vehicle National Law Application Act 2013.

2 Commencement (1) This Part and Part 6 come into operation on the

day after the day on which this Act receives the Royal Assent.

(2) Division 3 of Part 4 is taken to have come into operation on 1 July 2011.

(3) Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4) If a provision of this Act does not come into operation before 31 January 2018, it comes into operation on that day.

Part 2—Amendment of Road Management Act 2004


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3 Register of public roads After section 19(5) of the Road Management Act 2004 insert—

"(5A) It is sufficient for the purposes of subsection (5) if a copy of the register of public roads is published on an Internet website maintained by the road authority.".

4 Written consent required for placing of specified things on a road or road infrastructure

(1) In section 66(2) of the Road Management Act 2004, for "Subsection (1)" substitute "Subject to subsection (3), subsection (1)".

(2) After section 66(2) of the Road Management Act 2004 insert—

"(3) For the purposes of subsection (2), the placing of a structure, device, hoarding, advertisement, sign or bill referred to in subsection (1) is not authorised or permitted merely because it is exempt from the requirement to obtain a permit under Victoria Planning Provisions approved under Part 1A of the Planning and Environment Act 1987.".

5 Removal of stationary vehicles (1) In section 119A(1) of the Road Management

Act 2004, for "or any other road that the Minister, by notice published in the Government Gazette, declares to be a road to which this section applies" substitute "or any other road in respect of which VicRoads is the coordinating road authority".



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(2) At the foot of section 119A(1) of the Road Management Act 2004 insert— "Note

Under section 19, VicRoads must keep a register of public roads that specifies the public roads in respect of which it is the coordinating road authority.".

Part 3—Amendment of Road Safety Act 1986


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Division 1—Amendment relating to holder of overseas licence

6 Offence if driver not licensed After section 18(1) of the Road Safety Act 1986 insert—

"(1A) For the purposes of subsection (1)(c), a person who—

(a) is exempted under the regulations from the requirements of subsection (1)(a) because the person holds a licence issued in another country authorising that person to drive a motor vehicle; and

(b) drives a motor vehicle that has a GVM of not more than 4·5 tonnes—

is not in breach of a condition of that licence merely because the GVM of the motor vehicle exceeds any limit to which the licence is subject.".

Division 2—Alcohol interlock condition for interstate offence

7 Offence if driver not licensed For section 18(3)(b)(ii) of the Road Safety Act 1986 substitute—

"(ii) the person is a person to whom section 31KA or 31KB applies and, had the person applied for and been granted a driver licence or learner permit, the Corporation would have had power to impose an alcohol interlock condition on the licence or permit—".



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8 Driver licences For section 19(7AA) of the Road Safety Act 1986 substitute—

"(7AA) A person who holds a driver licence or learner permit that is subject to an alcohol interlock condition imposed by the Corporation under section 31KA or 31KB must have the licence or permit in their possession while driving or in charge of a motor vehicle at any time while the alcohol interlock condition applies to the licence or permit.

Penalty applying to this subsection: 5 penalty units.".

9 New section 25 inserted After section 24 of the Road Safety Act 1986 insert—

"25 Cancellation and disqualification—corresponding interstate drink-driving offence

(1) The Minister, by Order published in the Government Gazette, may declare that an offence against a law of another State or a Territory (a corresponding interstate drink-driving offence) corresponds to a Victorian drink-driving offence specified in the Order.

(2) For the purposes of subsection (1), a Victorian drink-driving offence—

(a) means—

(i) an offence under section 49(1), other than an offence under section 49(1)(a) involving only a drug or an offence under



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section 49(1)(ba), (bb), (h) or (i); or

(ii) an offence referred to in section 89(1) of the Sentencing Act 1991 where the court makes a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug which contributed to the offence; but

(b) does not include an accompanying driver offence.

(3) On being notified that a person who holds a driver licence or learner permit has been disqualified from driving or obtaining a licence or permit in another jurisdiction as a result of having been convicted or found guilty of a corresponding interstate drink-driving offence committed in that jurisdiction, the Corporation must—

(a) cancel that driver licence or learner permit; and

(b) disqualify the person from obtaining a driver licence or learner permit for the period determined in accordance with this section.

(4) For the purposes of subsection (3)(b) and subject to subsections (5), (6) and (7), the period of disqualification for a corresponding interstate drink-driving offence is the minimum period of disqualification that would apply had the person been convicted or found guilty of the Victorian drink-driving offence to which the corresponding interstate drink-driving offence corresponds.



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(5) If the minimum period of disqualification applying to the Victorian drink-driving offence varies depending on the concentration of alcohol in the person's blood or breath, the period of disqualification applying to the corresponding interstate drink-driving offence is the minimum period of disqualification that would apply had the person recorded the same concentration of alcohol in respect of the Victorian drink-driving offence as that notified as having been recorded in the person's blood or breath in respect of the corresponding interstate drink-driving offence.

(6) If, instead of a fixed concentration of alcohol, the Corporation is notified that the concentration of alcohol recorded in the person's blood or breath fell within a range of concentration in respect of the corresponding interstate drink-driving offence, the person is taken, for the purposes of subsection (5), to have recorded a concentration of alcohol at the lower end of that range.

(7) If the minimum period of disqualification applying to the Victorian drink-driving offence varies depending on whether the offence is a first, second or subsequent offence, the period of disqualification applying to the corresponding interstate drink-driving offence is the minimum period of disqualification that would apply had the person been convicted or found guilty of the Victorian drink-driving offence and had sections 48(2), (5) and (6) and 50AA been applied in determining whether the offence is a first, second or subsequent offence.



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(8) A period of disqualification imposed under this section runs concurrently with any other period of disqualification applying to the person.

Notes

1 After the expiry of the disqualification period under this section, a driver licence or learner permit granted to the person may be subject to an alcohol interlock condition. See section 31KB.

2 If the person has committed other offences, the person may be required to obtain a licence eligibility order before a driver licence or learner permit is granted. See section 31A.".

10 Appeal to Magistrates' Court For section 26(5)(a) of the Road Safety Act 1986 substitute—

"(a) relating to the imposition of an alcohol interlock condition under section 31KA or 31KB on a driver licence or learner permit granted to a person, including the period for which that condition has effect; or".

11 Effect of licence eligibility order (1) In section 31I(2) of the Road Safety Act 1986,

for the definition of relevant disqualification substitute—

"relevant disqualification means a disqualification following the ending of which a person may only be granted a driver licence or learner permit—

(a) by obtaining a licence eligibility order; or

(b) that is subject to an alcohol interlock condition imposed by the Corporation under section 31KA or 31KB.".



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(2) The note at the foot of section 31I(2) of the Road Safety Act 1986 is repealed.

12 New sections 31KA, 31KB and 31KC substituted For section 31KA of the Road Safety Act 1986 substitute—

"31KA Administrative scheme for imposing alcohol interlock condition—disqualification for certain first offences

(1) This section applies to a person who has been convicted or found guilty, or who by force of section 89A(2) is taken to have been convicted, of an offence under section 49(1)(b), (f) or (g) where—

(a) the concentration of alcohol—

(i) in the blood of the person was less than 0·10 grams per 100 millilitres of blood; or

(ii) in the breath of the person was less than 0·10 grams per 210 millilitres of exhaled air—

as the case requires; and

(b) it was the person's first offence; and

(c) the person has been disqualified under section 50 or 89C from obtaining a driver licence or learner permit in respect of the offence; and

(d) the person has ceased to be so disqualified.

Note

If the person has committed other offences, the person may be required to obtain a licence eligibility order before a driver licence or learner permit is granted. See section 31A.



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(2) A driver licence or learner permit granted by the Corporation to a person to whom this section applies must be made subject to an alcohol interlock condition.

(3) The Corporation may impose an alcohol interlock condition under this section on the basis of the application for a driver licence or learner permit made by the person and any matters that appear in records kept by the Corporation without conducting any hearing or investigation into the matter.

(4) A person granted a driver licence or learner permit on which an alcohol interlock condition is imposed under this section cannot apply under section 50AAAB for the removal of the condition during the period of 6 months beginning on the first granting of the licence or permit.

(5) Section 50AAA(9) applies for the purposes of this section in the same way and to the same extent as it applies for the purposes of section 50AAA and Schedule 1B.

31KB Administrative scheme for imposing alcohol interlock condition—disqualification for interstate drink-driving offence

(1) This section applies to a person if—

(a) the person has been disqualified under section 25(3) from obtaining a driver licence or learner permit in respect of an interstate drink-driving offence; and



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(b) the person has ceased to be so disqualified.

Note

If the person has committed other offences, the person may be required to obtain a licence eligibility order before a driver licence or learner permit is granted. See section 31A.

(2) Subject to subsection (7)(b), a driver licence or learner permit granted by the Corporation to a person to whom this section applies must be made subject to an alcohol interlock condition.

(3) The Corporation may impose an alcohol interlock condition under this section on the basis of the application for a driver licence or learner permit made by the person and any matters that appear in records kept by the Corporation without conducting any hearing or investigation into the matter.

(4) A person granted a driver licence or learner permit on which an alcohol interlock condition is imposed under this section cannot apply under section 50AAAB for the removal of the condition during the period (the relevant period), determined in accordance with subsection (5), beginning on—

(a) the first granting of the licence or permit; or

(b) if subsection (7)(a) applies—an earlier date determined by the Corporation.

(5) For the purposes of subsection (4), the relevant period applying to a person who has had their driver licence or learner permit cancelled under section 25(3) in respect of a corresponding interstate drink-driving



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offence is the minimum period specified in column 4 of the Table in Schedule 1B that would apply had the person been convicted or found guilty of the Victorian drink-driving offence to which the interstate drink-driving offence has been declared to correspond by Order made under section 25(1).

(6) Section 50AAA(9) applies for the purposes of subsection (5) in the same way and to the same extent as it would apply for the purposes of section 50AAA and Schedule 1B in respect of the Victorian drink-driving offence referred to in subsection (5).

(7) If a person to whom this section applies satisfies the Corporation that the person has complied with the requirements of an alcohol interlock condition imposed by another jurisdiction in respect of the corresponding interstate drink-driving offence, the Corporation may determine that—

(a) the relevant period begins on an earlier date for the purposes of subsection (4); or

(b) a driver licence or learner permit may be granted to the person without an alcohol interlock condition if the alcohol interlock condition imposed by the other jurisdiction was for the same or a longer period than the relevant period that would otherwise apply to the person under subsection (4).



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31KC Administrative alcohol interlock conditions to operate concurrently with other alcohol interlock conditions If an alcohol interlock condition is imposed on a person's driver licence or learner permit under section 31KA or 31KB, the period during which the condition has effect operates concurrently with—

(a) the period during which any other alcohol interlock condition imposed under section 31KA or 31KB has effect; and

(b) the period during which any alcohol interlock condition imposed pursuant to a direction given by the Magistrates' Court under section 50AAA has effect.".

13 Administrative scheme for removal of alcohol interlock condition

(1) In section 50AAAB(1) of the Road Safety Act 1986, after "section 31KA" insert "or 31KB".

(2) For section 50AAAB(2)(a) and (b) of the Road Safety Act 1986 substitute—

"(a) holds a driver licence or learner permit that—

(i) is subject to an alcohol interlock condition imposed under section 31KA or 31KB; and

(ii) is not subject to an alcohol interlock condition imposed because of an alcohol interlock condition direction given to the Corporation by the Magistrates' Court; and



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(b) is not prevented from applying under this section because—

(i) in the case of an alcohol interlock condition imposed under section 31KA—the 6 month period referred to in section 31KA(4) has elapsed; or

(ii) in the case of an alcohol interlock condition imposed under section 31KB—the relevant period referred to in section 31KB(4) has elapsed; and".

(3) In section 50AAAB(6) of the Road Safety Act 1986, for "the 6 month period referred to in section 31KA(6)" substitute "the period within which the person is prevented from applying under this section".

(4) In section 50AAAB(8)(b) of the Road Safety Act 1986, for "the period referred to in section 31KA(6)" substitute "the period within which the person is prevented from applying under this section".

(5) After section 50AAAB(8) of the Road Safety Act 1986 insert—

"(9) If an alcohol interlock condition is imposed under section 31KB and the relevant period referred to in section 31KB(4) is less than 6 months, a requirement under subsection (3)(a) and (8)(b) to show at least 6 months' data is taken to have been met if the applicant can show data indicating compliance over that relevant period.".



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14 Application to Magistrates' Court for direction For section 50AAAC(5) of the Road Safety Act 1986 substitute—

"(5) The Magistrates' Court must not deal with, or determine, an application under this section unless it is satisfied—

(a) in the case of an alcohol interlock condition imposed under section 31KA—that the 6 month period referred to in section 31KA(4), when calculated in accordance with section 50AAAB(6), has elapsed; or

(b) in the case of an alcohol interlock condition imposed under section 31KB—that the relevant period referred to in section 31KB(4), when calculated in accordance with section 50AAAB(6), has elapsed.".

15 Exemption from, or removal of, alcohol interlock condition on medical grounds

In section 50AAAD(2)(b) of the Road Safety Act 1986, after "section 31KA" insert "or 31KB".

16 Alcohol interlock condition removal order (1) For section 50AAB(4B)(b) of the Road Safety

Act 1986 substitute—

"(b) grant that application unless satisfied that the specified period of each and every alcohol interlock condition direction given in respect of the person has elapsed, including—

(i) in the case of an alcohol interlock condition imposed by the Corporation under section 31KA—the period referred to in section 31KA(4); and



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(ii) in the case of an alcohol interlock condition imposed by the Corporation under section 31KB—the period referred to in section 31KB(4).".

(2) In section 50AAB(4C) of the Road Safety Act 1986, for ", or (in the case of an alcohol interlock condition imposed by the Corporation under section 31KA) the period referred to in section 31KA(6)," substitute "or, if subparagraph (i) or (ii) of subsection (4B)(b) applies, the period referred to in that subparagraph".

(3) After section 50AAB(5A) of the Road Safety Act 1986 insert—

"(5B) If an alcohol interlock condition is imposed under section 31KB and the relevant period referred to in section 31KB(4) is less than 6 months, a requirement under subsection (5)(ab) to show at least 6 months' data is taken to have been met if the applicant can show data indicating compliance over that relevant period.".

17 Effect of alcohol interlock condition removal order In section 50AACA(1) of the Road Safety Act 1986, after "section 31KA" insert "or 31KB".

18 Cost recovery fees In section 50AAKA(6)(b) of the Road Safety Act 1986, after "section 31KA" insert "or 31KB".



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19 Previous convictions For the table at the foot of section 50AA of the Road Safety Act 1986 substitute—

"Table Column 1 Column 2

Section 25 The commission of the corresponding interstate drink-driving offence

Sections 31A and 31E The making of an application for a licence eligibility order

Sections 31KA and 31KB The making of an application for the grant of the driver licence or learner permit

Sections 50(1A), (1AB), (1AC), (1AD), (1B), (1C), (1D), (1DA) and (1E) and 51(1)

The commission of the relevant offence

Section 50AAA The making of an application for a licence eligibility order

Section 50A(1) and (1A) The making of an application for the grant of a driver licence or learner permit

Schedules 1A and 1B The making of an application for a licence eligibility order OR Where Schedule 1B is applied for the purposes of section 31KB(6)—the making of an application for the grant of a driver licence or learner permit

".



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20 Zero blood or breath alcohol After section 52(1B)(a) of the Road Safety Act 1986 insert—

"(ab) the person had been disqualified from obtaining a driver licence or learner permit under section 25(3) and the licence or permit was issued to the person following the disqualification; or".

21 General duty of driver or person in charge of motor vehicle

In section 59(3) of the Road Safety Act 1986, for "by the Corporation under section 31KA" substitute "that is subject to an alcohol interlock condition imposed by the Corporation under section 31KA or 31KB".

22 New section 103ZJ inserted After section 103ZI of the Road Safety Act 1986 insert—

"103ZJ Transitional provision—Road Legislation Further Amendment Act 2016 In determining for the purposes of sections 25 and 31KB of this Act, as inserted by the Road Legislation Further Amendment Act 2016 (the amending Act), whether a Victorian drink-driving offence to which a corresponding interstate drink-driving offence corresponds would be a person's first, second or subsequent offence under sections 48(2), (5) and (6) and 50AA or section 50AAA(9) (as the case requires), regard may be had to—

(a) previous offences committed by the person on or after the commencement of Division 2 of Part 3 of the amending Act; and



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(b) previous offences committed by the person before the commencement of Division 2 of Part 3 of the amending Act, if the corresponding interstate drink-driving offence is committed after that commencement.".

Division 3—Miniaturised motor cycles 23 Definitions

In section 3(1) of the Road Safety Act 1986 insert the following definition—

"miniaturised motor cycle means a motor vehicle with 2 axle groups and an internal combustion engine or electric motors that are capable of giving the vehicle a top speed in excess of 25 kilometres per hour and that—

(a) has not been certified through the Commonwealth Road Vehicle Certification System; and

(b) has not been conditionally registered by the Corporation; and

(c) is not excluded from the definition of motor vehicle;".

24 New section 65C inserted After section 65B of the Road Safety Act 1986 insert—

"65C Riding a miniaturised motor cycle on a road or road related area

(1) A person who is responsible for a miniaturised motor cycle being ridden on a road or road related area commits an offence and is liable to a fine not exceeding 20 penalty units.



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(2) For the purposes of subsection (1), the person who is responsible for a miniaturised motor cycle being ridden on a road or road related area is—

(a) the person who rode the miniaturised motor cycle on the road or road related area; or

(b) if the person referred to in paragraph (a) cannot be identified—the owner of the miniaturised motor cycle.

(3) Subsection (2)(b) does not apply if, at the time of being ridden on a road or a road related area, the miniaturised motor cycle was stolen or hired or was otherwise being ridden without the knowledge or consent of the owner.".

25 Definitions for Part 6A In section 84C(1) of the Road Safety Act 1986, in the definition of tier 2 relevant offence, after paragraph (d) insert—

"(da) an offence against section 65C(1);".

26 Notice to driver and registered operator (1) For the heading to section 84K of the Road

Safety Act 1986 substitute—

"Notice of impoundment or immobilisation".

(2) In section 84K(1) of the Road Safety Act 1986—

(a) in paragraph (b), for "vehicle." substitute "vehicle; and";



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(b) after paragraph (b) insert—

"(c) if the motor vehicle is a miniaturised motor cycle and the police officer is able to establish the identity of the owner of the motor vehicle, the owner.".

(3) After section 84K(2) of the Road Safety Act 1986 insert—

"(3) If a motor vehicle impounded under this Division is a miniaturised motor cycle and the Chief Commissioner of Police is unable to establish the identity of the owner, notice is taken to have been given under this section if a picture of the miniaturised motor cycle and information stating where it was impounded has been posted—

(a) on a website of the Victoria Police; or

(b) at the police station closest to where it was impounded.

(4) A picture of a miniaturised motorcycle posted under subsection (3) must include a statement that the miniaturised motor cycle has been impounded because it was ridden on a road or road related area in contravention of section 65C(1) and that the owner may be liable for that offence unless it was stolen or hired or was ridden without the knowledge or consent of the owner.".



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27 Content of notice For section 84L(b) of the Road Safety Act 1986 substitute—

"(b) either—

(i) the motor vehicle registration number and the make and model of the motor vehicle; or

(ii) if the motor vehicle is not registered—the make and model of the vehicle or, if the make and model cannot be established, as much information that can reasonably be provided to identify the motor vehicle; and".

28 Sale or disposal of uncollected motor vehicles and items

(1) For section 84ZQ(3)(b) of the Road Safety Act 1986 substitute—

"(b) at least 14 days before the sale or disposal—

(i) the Chief Commissioner has given notice in accordance with section 84ZQA; or

(ii) if the motor vehicle is a miniaturised motor cycle and the Chief Commissioner of Police is unable to establish the identity of the owner of the motor vehicle—a picture of the miniaturised motor cycle has been posted in accordance with section 84K(3); and".



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(2) For section 84ZQ(4) of the Road Safety Act 1986 substitute—

"(4) Subject to subsection (5), if—

(a) notice is given under section 84ZQA of an intention to sell or otherwise dispose of a motor vehicle and any uncollected item or thing left in or on it; or

(b) in the case of a motor vehicle that is a miniaturised motor cycle, a picture of the motor vehicle is posted in accordance with subsection (3)(b)(ii)—

14 days after the notice is given or the picture is posted (as the case may be), the motor vehicle and any items or things left in or on it vest absolutely in the Crown, free from all other interests, rights, titles or claims in or to ownership or possession.".

(3) In section 84ZQ(5) of the Road Safety Act 1986, for "14 days after notice is given under section 84ZQA" substitute "the 14 day period referred to in that subsection".

29 Notice to be given of intention to sell or dispose After section 84ZQA(1)(a)(ii) of the Road Safety Act 1986 insert—

"(iia) if the motor vehicle is a miniaturised motor cycle and the Chief Commissioner is able to establish the identity of the owner of the motor vehicle, the owner; and".

30 Sale or disposal of motor vehicles and items deemed to be abandoned

(1) In section 84ZQAB(1)(c) of the Road Safety Act 1986, for "subsection (2) or (2A)" substitute "subsection (2), (2A) or (2C)".



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(2) After section 84ZQAB(2B) of the Road Safety Act 1986 insert—

"(2C) A miniaturised motor cycle is deemed to be abandoned if—

(a) the Chief Commissioner of Police is unable to establish the identity of the owner of the miniaturised motor cycle; and

(b) a picture of the miniaturised motor cycle has been posted in accordance with section 84K(3); and

(c) 30 days have elapsed since the picture of the miniaturised motor cycle was posted and the miniaturised motor cycle has not been collected by the owner.".

(3) In section 84ZQAB(3) of the Road Safety Act 1986, for "subsection (2) or (2A)" substitute "subsection (2), (2A) or (2C)".

31 Notice to be given of intention to deem motor vehicle abandoned

After section 84ZQAC(1)(b) of the Road Safety Act 1986 insert—

"(ba) if the motor vehicle is a miniaturised motor cycle and the Chief Commissioner is able to establish the identity of the owner of the motor vehicle—the owner; and".

Division 4—Taking and storage of blood samples 32 Repeal of provisions requiring blood sample to be

provided to person from whom sample was taken Sections 55(9B), 55(11), 55B(2), 55BA(6), 55E(14) and 55E(19) of the Road Safety Act 1986 are repealed.



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33 Blood samples to be taken in certain cases Section 56(4)(b), (c) and (d) of the Road Safety Act 1986 are repealed.

34 Evidentiary provisions—blood tests Section 57(7A)(b)(iii) of the Road Safety Act 1986 is repealed.

Division 5—Other amendments of Road Safety Act 1986

35 Provisions about cancellation and disqualification In section 50(1DA) of the Road Safety Act 1986—

(a) in paragraph (a), for "6 months" substitute "2 years";

(b) in paragraph (b), for "12 months" substitute "4 years".

36 Surrender of motor vehicle (1) After section 84H(2)(ia) of the Road Safety

Act 1986 insert—

"(ib) if the relevant offence is an offence against section 64A(1) or an offence against section 319AA(1) of the Crimes Act 1958, within 42 days of the commission of the relevant offence; or".

(2) After section 84H(3)(a)(ia) of the Road Safety Act 1986 insert—

"(ib) if subsection (2)(a)(ib) applies, within the preceding 42 days; or".



29


37 Sale or disposal of motor vehicles and items deemed to be abandoned

In section 84ZQAB(2A) of the Road Safety Act 1986—

(a) for paragraph (a) substitute—

"(a) its registered operator has served a notice of abandonment of the motor vehicle on—

(i) the Chief Commissioner of Police; and

(ii) if the registered operator is not the owner or the sole owner of the motor vehicle—any owner of the motor vehicle;";

(b) in paragraph (b), after "notice" insert "or notices".

38 Service of notices (1) In section 93 of the Road Safety Act 1986—

(a) in paragraph (d), for "address." substitute "address; or";

(b) after paragraph (d) insert—

"(e) by sending it to a fax number or email address nominated by the person; or

(f) by sending it by any other form of electronic communication nominated by the person; or

(g) by notifying the person in accordance with subsection (2).".

(2) The note at the foot of section 93 of the Road Safety Act 1986 is repealed.



30


(3) At the end of section 93 of the Road Safety Act 1986 insert—

"(2) If—

(a) a person nominates an electronic means (the nominated notification means) by which the person may be notified that a notice has been given to the person; and

(b) the person nominates an electronic means (the nominated access means) by which the person may access that notice—

a notice under this Act or the regulations may be served on the person by giving the notice to the person by the nominated notification means that states the notice is available and how the person may use the nominated access means to access the notice. Example

A person may nominate to be notified by a mobile phone application that notifies the person that a notice to the person is available to be accessed on a website maintained by the Corporation.

(3) If a fax or email or other form of electronic communication is received after 4.00 p.m. on any day, it is taken to have been received on the next business day.".

39 Regulations After section 95(3E) of the Road Safety Act 1986 insert—

"(3F) The Governor in Council may make regulations prescribing fees for any service provided by the Corporation including the following—



31


(a) appointments related to the registration of vehicles;

(b) appointments related to the licensing of drivers;

(c) services related to the registration of vehicles and the management of the registration of vehicles;

(d) services related to the licensing of drivers and the management of the licensing of drivers;

(e) searches conducted on licensing records including those conducted on the demerit points register;

(f) searches conducted on registration records including those conducted on the register of written-off vehicles;

(g) provision of registration and licence data;

(h) services related to the issue and management of registration permits;

(i) clearance of defect notices;

(j) issuing of photo identity documents;

(k) services related to the issuing and management of number plates.".

40 References to Department of Health (1) In section 3(1) of the Road Safety Act 1986—

(a) in the definitions of accredited agency and accredited driver education program, after "Department of Health" insert "and Human Services";



32


(b) for the definition of Secretary to the Department of Health substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;".

(2) In section 49A(1), (2) and (3) of the Road Safety Act 1986, after "Department of Health" insert "and Human Services".

41 References to Department of Transport, Planning and Local Infrastructure

(1) In section 3(1) of the Road Safety Act 1986—

(a) for the definition of Secretary substitute—

"Secretary means the Secretary to the Department of Economic Development, Jobs, Transport and Resources;";

(b) insert the following definition—

"Department means the Department of Economic Development, Jobs, Transport and Resources;".

(2) In sections 13(6)(b) and 16(2)(b) of the Road Safety Act 1986—

(a) for "employee in the Department of Transport, Planning and Local Infrastructure" substitute "employee in the Department";

(b) for "Secretary to the Department of Transport, Planning and Local Infrastructure" substitute "Secretary".



33


(3) In section 33(1) of the Road Safety Act 1986, for "Secretary to the Department of Transport, Planning and Local Infrastructure" substitute "Secretary".


(a) for "officer of the Corporation or of the Department of Transport, Planning and Local Infrastructure" substitute "officer of the Corporation or of the Department";


(5) In section 53(3) of the Road Safety Act 1986, for "Department of Transport, Planning and Local Infrastructure" substitute "Department".


(a) for "officer of the Corporation or of the Department of Transport, Planning and Local Infrastructure" (wherever occurring) substitute "officer of the Corporation or of the Department";


(7) In section 55D(2) of the Road Safety Act 1986, for "Department of Transport, Planning and Local Infrastructure" substitute "Department".

(8) In section 59 of the Road Safety Act 1986—

(a) in subsection (1)(a)(i)—

(i) for "officer of the Corporation or of the Department of Transport, Planning and Local Infrastructure" (where twice occurring) substitute "officer of the Corporation or of the Department";



34


(ii) for "Secretary to the Department of Transport, Planning and Local Infrastructure" substitute "Secretary";

(b) in subsection (4)(b)(i), for "Department of Transport, Planning and Local Infrastructure" substitute "Department".


(a) for "employee in the Department of Transport, Planning and Local Infrastructure" (where twice occurring) substitute "employee in the Department";


(10) In section 77 of the Road Safety Act 1986—

(a) in subsection (2)(c)—

(i) for "employee in the Department of Transport, Planning and Local Infrastructure" substitute "employee in the Department";

(ii) for "Secretary to the Department of Transport, Planning and Local Infrastructure" substitute "Secretary";

(b) in subsection (3)—

(i) for "Department of Transport, Planning and Local Infrastructure" substitute "Department";

(ii) for "that Department" substitute "the Department";

(c) in subsection (3A), for "Department of Transport, Planning and Local Infrastructure" substitute "Department".



35


(11) In section 84(1) of the Road Safety Act 1986, for "Department of Transport, Planning and Local Infrastructure" (where thrice occurring) substitute "Department".

(12) In section 84(3), (4A) and (6) of the Road Safety Act 1986, for "Department of Transport, Planning and Local Infrastructure" substitute "Department".

(13) In section 87(1AF) of the Road Safety Act 1986, for "Department of Transport, Planning and Local Infrastructure" substitute "Department of Economic Development, Jobs, Transport and Resources".

(14) In section 112(1) of the Road Safety Act 1986, for "Department of Transport, Planning and Local Infrastructure" substitute "Department".

Part 4—Amendments relating to the Melbourne City Link Act 1995


36



Division 1—City Link Tullamarine Widening Project

42 New Part 2C inserted After Part 2B of the Melbourne City Link Act 1995 insert—

"Part 2C—City Link Tullamarine Widening Project

Division 1—Preliminary 56ZM Definitions

In this Part—

Landata means the integrated computerised information retrieval and property enquiry service in respect of Victorian land, its ownership and use;

project land means the land more or less delineated within—

(a) parcel number 1, 2, 3 and 4 on the Roads Corporation survey plan numbered SP23313 as in force from time to time; and

(b) parcel number 1 on the Roads Corporation survey plan numbered SP23365 as in force from time to time; and

(c) parcel number 20 and 21 on the Roads Corporation survey plan numbered SP23366 as in force from time to time; and



37


(d) parcel number 2 and 4 on the Roads Corporation survey plan numbered SP23367 as in force from time to time; and

(e) parcel number 1, 2, 3, 4, 5, 6, 7 and 8 on the Roads Corporation survey plan numbered SP23368 as in force from time to time; and

(f) parcel number 1, 2, 3, 4, 5 and 7 on the Roads Corporation survey plan numbered SP23369 as in force from time to time;

project licence means any licence in accordance with clause 4C.2 of the Agreement granted under—

(a) section 17B of the Crown Land (Reserves) Act 1978; or

(b) section 138 of the Land Act 1958; or

(c) clause 9 of Schedule 5 to the Road Management Act 2004.

56ZN Plans of project land and project licence must be available for inspection

(1) The Roads Corporation must cause the following plans to be available for inspection on the Internet website for Landata—

(a) the Roads Corporation survey plan numbered SP23313;

(b) the Roads Corporation survey plan numbered SP23365;

(c) the Roads Corporation survey plan numbered SP23366;

(d) the Roads Corporation survey plan numbered SP23367;



38


(e) the Roads Corporation survey plan numbered SP23368;

(f) the Roads Corporation survey plan numbered SP23369.

(2) The Roads Corporation must keep a copy of the project licence at the head office of the Roads Corporation at 60 Denmark Street, Kew, Victoria, or any subsequent address of that head office, for any person to inspect during office hours free of charge.

Division 2—Revocation of reservation on expiry of project licence

56ZO Revocation of reservation on expiry of project licence

(1) Subject to subsection (2), the Minister, after consulting with the Minister administering the Crown Land (Reserves) Act 1978, may recommend to the Governor in Council that any temporary reservation of any part of the project land that is the subject of the project licence be revoked.

(2) The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied—

(a) that the project licence has expired; and

(b) that the project land is unalienated Crown land; and

(c) that, on the making of an Order under subsection (3), the project land will be unreserved Crown land.

(3) After receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government



39


Gazette, revoke the reservation of the part of the project land.

(4) An Order under subsection (3) takes effect on the day that it is published in the Government Gazette.

(5) On an Order under subsection (3) taking effect—

(a) the project land is deemed to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) if any part of the project land is or is being used as a road—

(i) that part of the project land ceases to be a road; and

(ii) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to that part of the project land cease; and

(c) if any part of the project land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the project land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and



40


(d) the appointment of the Roads Corporation as committee of management is revoked to the extent that it applies to the project land.

(6) Nothing in subsection (5) affects or extinguishes any right or interest created by operation of the Agreement.

56ZP Interim operation (1) Subject to this section, if a temporary

reservation of a part of the project land is revoked under section 56ZO—

(a) this Act applies to the project land as if any reference in this Act to leased land or land leased under section 60 were to include a reference to the project land; and

(b) section 62 applies to the project land as if any reference in that section to the grant of a lease under section 60 were a reference to the making of an Order under section 56ZO in respect of the project land.

(2) The Minister may by Order published in the Government Gazette declare that subsection (1) no longer applies to the project land.

(3) An Order under subsection (2) may direct that the project land be vested in the Roads Corporation.

(4) On the publication of an Order under subsection (2) in relation to the project land—

(a) if the Order so directs, the project land vests in fee simple in the Roads Corporation; and



41


(b) subsection (1) ceases to apply to the project land.

(5) Unless it has already ceased to apply under subsection (4), subsection (1) ceases to apply to the project land on the grant of a lease of the project land under section 60.".

Division 2—Use and disclosure of information 43 Definitions

In section 3 of the Melbourne City Link Act 1995, the definition of restricted tolling information is repealed.

44 Toll administration infringement notice In section 80A(1) of the Melbourne City Link Act 1995 omit "90A(2) or".

45 Application of Infringements Act procedure In section 86(1)(b) of the Melbourne City Link Act 1995 omit "90A(2) or".

46 Division 3 of Part 4 substituted For Division 3 of Part 4 of the Melbourne City Link Act 1995 substitute—

"Division 3—Disclosure of certain information

90 Roads Corporation may disclose certain information

(1) The Roads Corporation or a relevant person within the meaning of section 90I of the Road Safety Act 1986 may disclose information about the registration under that Act or ownership of any vehicle for the purposes of this Part—



42


(a) to the enforcement agency; or

(b) to a relevant corporation for the purposes of section 72B or 77(1)(a); or

(c) to a person who is employed by, or who is engaged to provide services for, the Roads Corporation or a relevant person, a relevant corporation or the enforcement agency.

(2) Despite section 90N of the Road Safety Act 1986, the Roads Corporation or a relevant person may disclose the information under subsection (1)(a) or (1)(c) even if it has not entered into an information protection agreement under that section with the enforcement agency or the person.

(3) Sections 90N and 90Q(2) and (3) of the Road Safety Act 1986 apply to a disclosure of information under subsection (1)(b) as if it were a disclosure of information under Part 7B of that Act.".

47 Section 15 of the Independent Broad-based Anti-corruption Commission Act 2011 amended

Section 15(8) of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed.

48 Part 8 of the Independent Broad-based Anti-corruption Commission Act 2011 repealed

Part 8 of the Independent Broad-based Anti-corruption Commission Act 2011 is repealed.



43


Division 3—Legislative instruments 49 New section 12D inserted

After section 12C of the Melbourne City Link Act 1995 insert—

"12D Certain instruments are not legislative instruments under Subordinate Legislation Act 1994 The following instruments made under this Act are not legislative instruments for the purposes of the Subordinate Legislation Act 1994—

(a) an agreement to vary all or any of the provisions of the Agreement under section 15(1);

(b) a variation of all or any of the provisions of the Agreement under section 15(1A);

(c) an agreement to vary all or any of the provisions of the Integration and Facilitation Agreement under section 15B(1);

(d) a variation of all or any of the provisions of the Integration and Facilitation Agreement made under section 15B(2);

(e) an agreement to vary all or any of the provisions of the Extension Agreement under section 15D(1);

(f) a variation of all or any of the provisions of the Extension Agreement made under section 15D(2).".



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Division 4—Miscellaneous amendments 50 Approvals not required

In section 57(1) of the Melbourne City Link Act 1995, for "the Authority" substitute "the Roads Corporation".

51 New section 115A inserted After section 115 of the Melbourne City Link Act 1995 insert—

"115A Certificates for purposes of evidence—Roads Corporation A certificate signed by the Chief Executive of the Roads Corporation that states any of the following matters is admissible in proceedings under this Act and is evidence of the matters stated in the certificate—

(a) that a licence had or had not been issued to a particular person under this Act; or

(b) that the Roads Corporation or a person authorised by the Roads Corporation had a right to occupy land under Part 9 of the Land Acquisition and Compensation Act 1986.".

Part 5—Amendment of Heavy Vehicle National Law Application Act 2013


45


Part 5—Amendment of Heavy Vehicle National Law Application Act 2013

52 Exclusion of legislation of this jurisdiction In section 5(2) of the Heavy Vehicle National Law Application Act 2013, for "(c)" substitute "(ea)".

Part 6—Repeal of amending Act


46


Part 6—Repeal of amending Act 53 Repeal of amending Act

This Act is repealed on 31 January 2019. Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes


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Endnotes 1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

† Minister's second reading speech—

Legislative Assembly: 26 October 2016

Legislative Council: 10 November 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Road Management Act 2004, the Road Safety Act 1986, the Melbourne City Link Act 1995 and the Heavy Vehicle National Law Application Act 2013, to make consequential amendments to the Independent Broad-based Anti-corruption Commission Act 2011 and for other purposes."

http://www.legislation.vic.gov.au/

road legislation further amendment act 2016 · part 5—amendment of heavy vehicle national law...

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