{"id":"melbourne-city-link-act-1995","name":"Melbourne City Link Act 1995","slug":"melbourne-city-link-act-1995","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176468,"registerId":"vic-melbourne-city-link-act-1995-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 8","sectionType":"division","heading":"Emergency orders 75","content":"Division 8—Emergency orders 75\n\n56ZE Emergency orders 75\n\n56ZF Service of emergency order 76\n\n56ZG Period of operation of emergency order 76\n\n56ZH Offence to fail to comply with emergency order 76\n\n56ZI Request for police assistance 77\n\n","sortOrder":0},{"sectionNumber":"Div 9","sectionType":"division","heading":"Actions by public bodies 77","content":"Division 9—Actions by public bodies 77\n\n56ZJ Bodies may be required to act 77\n\n","sortOrder":1},{"sectionNumber":"Div 10","sectionType":"division","heading":"Revocation of reservation and interim operation 78","content":"Division 10—Revocation of reservation and interim operation 78\n\n56ZK Revocation of reservation on termination of licence 78\n\n56ZL Interim operation 79\n\n","sortOrder":2},{"sectionNumber":"Part 2C","sectionType":"part","heading":"City Link Tullamarine Widening Project 81","content":"Part 2C—City Link Tullamarine Widening Project 81\n\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary 81","content":"Division 1—Preliminary 81\n\n56ZM Definitions 81\n\n56ZN Plans of project land and project licence must be available for inspection 82\n\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Revocation of reservation on expiry of project licence 83","content":"Division 2—Revocation of reservation on expiry of project licence 83\n\n56ZO Revocation of reservation on expiry of project licence 83\n\n56ZP Interim operation 85\n\nPart 3—Leased land 86\n\nDivision 8—Powers over land 87\n\n57 Approvals not required 88\n\n60 Leasing powers 88\n\n61 Declaration of Link road 92\n\n61A Power to revoke certain declarations of Link road 93\n\n62 Road operation and management powers in relation to leased land 94\n\nDivision 9—Other provisions relating to buildings and land 96\n\n64 Certain Acts not to apply 96\n\n64A Power to revoke reservations under the Crown Land (Reserves) Act 1978 97\n\n65 Action by Registrar of Titles 97\n\nPart 4—Tolls 99\n\nDivision 1—Definitions 99\n\n69 Definitions 99\n\n69A Declaration as to relevant corporations 106\n\n69B Authorisation of authorised persons 107\n\nDivision 2—Fixing and enforcement of tolls 107\n\n70 Relevant corporation may fix, charge and collect tolls and toll administration fees 107\n\n71 Fixing of tolls and toll administration fees 108\n\n72 Liability to pay toll and toll administration fees 109\n\n72AA Cancellation of acceptance of statement 112\n\n72AB Offence to provide false or misleading information 112\n\n72A Exemptions from toll administration fee 113\n\n72B Charge of toll 113\n\n72C Minimum debt recovery requirements 114\n\n73 Offence to drive unregistered vehicle in toll zone 114\n\n73A Registration of vehicles 117\n\n73B On-going registration 117\n\n73C Temporary registration 118\n\n73D Information to be given in relation to registration 119\n\n73E Cancellation or suspension of registration 121\n\n74 Offence to tamper with prescribed devices 122\n\n75 Offence to fraudulently induce registration 123\n\n76 Payment of prescribed administrative amount 123\n\n77 Relevant corporation or authorised person may notify enforcement agency of non-payment of toll 124\n\n78 Disputes in relation to payment of tolls 126\n\n79 Enforcement agency may authorise persons 127\n\n80 Power to serve a notice 127\n\n80A Toll administration infringement notice 128\n\n82 Prescribed penalty 129\n\n84 Payment of penalty and other amounts 130\n\n85 Notice not to prejudice further proceedings 130\n\n86 Application of Infringements Act 2006 or Fines Reform Act 2014 procedure 131\n\n87 Offences detected by prescribed tolling device 132\n\n87A Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone 135\n\n88 Proof that vehicle driven in toll zone 142\n\n89 General evidentiary provisions 142\n\nDivision 3—Disclosure of certain information 146\n\n90 Secretary may disclose certain information 146\n\n91 Secretary must disclose certain interstate information 149\n\nDivision 4—Records 150\n\n92 Relevant corporation to keep proper records 150\n\n93 Destruction of records 152\n\nDivision 5—Link roaming agreements 152\n\n93AA Definitions 152\n\n93AB Roaming fees 154\n\n93AC Determination of net incremental marginal cost 154\n\n","sortOrder":5},{"sectionNumber":"Div 6","sectionType":"division","heading":"West Gate Tunnel roaming agreements 155","content":"Division 6—West Gate Tunnel roaming agreements 155\n\n93AD Definitions 155\n\n93AE Roaming fees 156\n\n93AF Determination of net incremental marginal cost 157\n\n","sortOrder":6},{"sectionNumber":"Div 7","sectionType":"division","heading":"North East Link roaming agreement 158","content":"Division 7—North East Link roaming agreement 158\n\n93AG Definitions 158\n\n93AH Making North East Link roaming agreement 159\n\n93AI Roaming fees 160\n\n93AJ Determination of net incremental marginal cost 160\n\nPart 4A—Exhibition Street Extension Project 162\n\nDivision 1—Exhibition Street Extension Project and Extension Project area 162\n\n93A Exhibition Street Extension Project 162\n\nDivision 3—Management of Exhibition Street Extension 162\n\n93G Lease of land in Extension Project area 162\n\n93H Declaration of Extension road 165\n\n93HA Power to revoke certain declarations of Extension road 166\n\n93I Road operation powers 167\n\n93J Action by Registrar of Titles 168\n\nPart 5—General 169\n\n94 Link corporation and others to have same protections and immunities as the Head, Transport for Victoria 169\n\n95 Link corporation, licensee and lessee not liable for obstruction of rivers 172\n\n96 Taxes and charges 172\n\n98 Emergency management 174\n\n99 Restrictions on exercise of certain powers 174\n\n100 Powers of certain bodies extended 175\n\n102 Dispute resolution 175\n\n103 Limitation on Council powers 176\n\n104 Limitation on powers to make local laws 178\n\n114A Removal of stationary vehicles 180\n\n114B Removal of abandoned property 181\n\n115 Certificates for the purposes of evidence 181\n\n115A Certificates for purposes of evidence—Head, Transport for Victoria and Secretary 182\n\n116 Proceedings 182\n\n116A Service of notices 183\n\n117 Supreme Court—limitation of jurisdiction 184\n\n117A Supreme Court—limitation of jurisdiction 184\n\n118 Regulations 185\n\nPart 6—Transitional provisions 188\n\n119 Effect of agreements—Melbourne City Link (Miscellaneous Amendments) Act 2000 188\n\n120 Application of amendments made by the Road Safety (Amendment) Act 2003 188\n\n121 Transitional provision—Transport Legislation (Miscellaneous Amendments) Act 2004 188\n\n122 Transitional provision—Transport Legislation (Amendment) Act 2004 189\n\n123 Transitional provision—Road Legislation (Projects and Road Safety) Act 2006 189\n\n124 Transitional provisions—Road Legislation Amendment Act 2007 190\n\n125 Transitional provisions—Road Legislation Further Amendment Act 2007 191\n\nSchedules 192\n\nSchedule 2—Unit Trust 193\n\nSchedule 8—Further revocation of reservations 199\n\nSchedule 9—Further revocation of reservation 200\n\nEndnotes 201\n\n1 General information 201\n\n2 Table of Amendments 203\n\n3 Explanatory details 213\n\n**Version No.** **109H**\n\n**Melbourne City Link Act 1995**\n\n**No. 107 of 1995**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":7},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":8},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to ratify the Agreement for the Melbourne City Link Project; and\n\nS. 1(b) repealed by No. 81/2000 s. 3(a).\n\nS. 1(c) substituted by No. 81/2000 s. 3(b).\n\n(c) to give the Link corporation certain powers in relation to certain roads; and\n\n(d) to empower the fixing, charging and collection of tolls in relation to the use of vehicles on toll zones.\n\n","sortOrder":9},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Parts 1 and 2 and Schedules 1 and 2 come into operation on the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(3) If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.\n\n","sortOrder":10},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *authorised officer* repealed by No. 81/2000 s. 4(2).\n\nS. 3 def. of *arterial road* inserted by No. 12/2004 s. 162(1).\n\n***arterial road*** has the same meaning as in the **Road Management Act 2004**;\n\nS. 3 def. of *authorised police officer* inserted by No. 102/1998 s. 4(a), amended by No. 37/2014 s. 10(Sch. item 111.1(a)).\n\n***authorised police officer*** means the Chief Commissioner of Police and any police officer of the rank of inspector or above who is appointed by the Chief Commissioner to be an authorised police officer for the purposes of Division 3 of Part 4;\n\nS. 3 def. of *Authority* repealed by No. 81/2000 s. 4(1).\n\nS. 3 def. of *Burnley office site* inserted by No. 13/2002 s. 3.\n\n***Burnley office site*** means all the land in Crown Allotment 1C of 39A, Parish of Jika Jika, City of Richmond;\n\nS. 3 def. of *Central Plan Office* amended by Nos 50/1998  \ns. 4(b), 70/2013 s. 4(Sch. 2 item 31.1), repealed by No. 53/2017 s. 85.\n\nS. 3 new def. of *Council* inserted by No. 93/2009 s. 31(b), amended by No. 9/2020 s. 390(Sch. 1 item 69.1).\n\n***Council*** has the same meaning as in the **Local Government Act 2020**;\n\n***Crown land*** includes a stratum of Crown land;\n\nS. 3 def. of *Council* repealed by No. 93/2009 s. 31(a).\n\nS. 3 def. of *Customer service site* inserted by No. 102/1998 s. 4(a).\n\n***Customer service site*** means the land shown hatched on sheets 1 and 2 of the plan numbered LEGL./98–74 and lodged in the Central Plan Office but does not include any part of that land which is part of the Link road;\n\nS. 3 def. of *Director* inserted by No. 78/2001 s. 3, repealed by No. 49/2004 s. 4(1).\n\nS. 3 def. of *Director, Fines Victoria* inserted by No. 17/2022 s. 101.\n\n***Director, Fines Victoria*** has the same meaning as Director has in section 3 of the **Fines Reform Act 2014**;\n\nS. 3 def. of *electricity corporation* amended by No. 35/1997 s. 31(2), substituted by No. 69/2000 s. 59(a), repealed by No. 11/2024 s. 98(a).\n\nS. 3 def. of *enforcement agency* substituted by No. 102/1998 s. 4(b).\n\n***enforcement agency*** means the Chief Commissioner of Police or, if another person is prescribed by the regulations to be the enforcement agency with respect to all or any part of the enforcement agency's functions, that other person in respect of those functions;\n\nS. 3 def. of *enforcement officer* amended by No. 4/2000 s. 4.\n\n***enforcement officer*** means a person authorised by an enforcement agency under section 79 and includes, in relation to an infringement notice issued under section 80A, a person authorised under section 116(1A);\n\nS. 3 def. of *ESEP project document* inserted by No. 50/1998  \n\n***ESEP project document*** has the same meaning as in the Extension Agreement;\n\nS. 3 def. of *Extension corporation* inserted by No. 50/1998  \n\n***Extension corporation*** means the person who, for the time being, is the Extension corporation under section 12A;\n\nS. 3 def. of *Extension operator* inserted by No. 50/1998  \n\n***Extension operator*** means the person who, for the time being, is the Extension operator under section 12B;\n\nS. 3 def. of *Extension Project area* inserted by No. 39/1997 s. 4(1), repealed by No. 81/2000 s. 4(3).\n\nS. 3 def. of *Extension road*  \ninserted by No. 50/1998  \ns. 4(a), substituted by No. 102/1998 s. 4(c).\n\n***Extension road*** means land declared under section 93H to be a road and includes any part of that land;\n\nS. 3 def. of *Exhibition Street Extension Project* inserted by No. 39/1997 s. 4(1).\n\n***Exhibition Street Extension Project*** has the meaning given by section 93A;\n\nS. 3 def. of *Head, Transport for Victoria* inserted by No. 49/2019 s. 186(Sch. 4 item 28.1(b)).\n\n***Head, Transport for Victoria*** has the same meaning as in section 3 of the **Transport Integration Act 2010**;\n\n*S. 3 def. of IBAC* inserted by No. 82/2012 s. 294(1)(a), amended by No. 82/2012 s. 312(a), repealed by No. 8/2019 s. 129.\n\n***land*** includes a stratum of land;\n\nS. 3 def. of l*eased land* amended by No. 39/1997 s. 4(2)(a).\n\n***leased land*** means land which is the subject of a lease granted under section 60 or 93G;\n\nS. 3 def. of *lessee* amended by No. 39/1997 s. 4(2)(b).\n\n***lessee*** means a person who is for the time being the lessee under a lease granted under section 60 or 93G;\n\nS. 3 def. of *licence holder* inserted by No. 78/2001 s. 3.\n\n***licence holder*** means a person who is, for the time being, the holder of a licence issued under section 20E;\n\nS. 3 def. of *licence plate number* inserted by No. 102/1998 s. 4(a).\n\n***licence plate number***, in relation to a vehicle, means the registration number of the vehicle assigned by the relevant vehicle registration authority;\n\nS. 3 def. of *licensed area* inserted by No. 78/2001 s. 3.\n\n***licensed area*** means land which is the subject of a licence issued under section 20E;\n\nS. 3 def. of *licensed land* substituted by No. 81/2000 s. 4(4)(a).\n\n***licensed land*** means land which was the subject of a licence issued under section 56 as in force at any time before the commencement of section 10 of the **Melbourne City Link (Miscellaneous Amendments) Act 2000**;\n\nS. 3 def. of *licensee* substituted by No. 81/2000 s. 4(4)(b).\n\n***licensee*** means a person who was the holder of a licence issued under section 56 as in force at any time before the commencement of section 10 of the **Melbourne City Link (Miscellaneous Amendments) Act 2000**;\n\nS. 3 def. of *Link control site* substituted by No. 39/1997 s. 4(3).\n\n***Link control site*** means the land shown hatched on the plan numbered LEGL/.97–60 and lodged in the Central Plan Office but does not include any part of that land which is part of the Link road;\n\n***Link corporation*** means the person who, for the time being, is the Link corporation under section 10;\n\nS. 3 def. of *Link operator* inserted by No. 102/1998 s. 4(a).\n\n***Link operator*** means the person who, for the time being, is the Link operator under section 11;\n\nS. 3 def. of *Link road* amended by Nos 39/1997 s. 4(4), 50/1998 s. 4(c), substituted by No. 102/1998 s. 4(d).\n\n***Link road*** means land declared under section 61 to be a road and includes any part of that land;\n\nS. 3 def. of *Link Upgrade Project* inserted by No. 81/2006 s. 66.\n\n***Link Upgrade Project*** has the same meaning that it has in Schedule 5A to the **Road Management Act 2004**;\n\nS. 3 def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 111.1(b)).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3 def. of *Project area* repealed by No. 81/2000 s. 4(1).\n\nS. 3 def. of *public authority* amended by Nos 91/1997  \ns. 47, 69/2000 s. 59(b), 32/2001 s. 36(a), 17/2012 s. 91, 11/2024 s. 98(b).\n\n***public authority*** means any of the following—\n\n(a) a public statutory authority;\n\n(b) a State business corporation or a State body within the meaning of the **State Owned Enterprises Act 1992**;\n\n(g) a metropolitan water corporation within the meaning of the **Water Act 1989**;\n\nS. 3 def. of *public body* amended by Nos 104/1997 s. 52, 50/1998 s. 4(d), 69/2000 s. 59(c), 32/2001 s. 36(b), 61/2005 s. 218, 6/2010 s. 203(1)  \n(Sch. 6 item 31.1(a)) (as amended by No. 45/2010 s. 22).\n\n***public body*** means any of the following—\n\n(a) a public authority;\n\n(b) a generation company, distribution company or transmission company within the meaning of section 3 of the **Electricity Industry Act 2000**;\n\n(ba) a gas distribution company or a gas transmission company within the meaning of the **Gas Industry Act** **2001**;\n\n(c) a Council;\n\n(d) a committee of management under the **Crown Land (Reserves) Act 1978**;\n\n(e) the holder of a licence under the **Pipelines Act 2005**;\n\n(f) the Corporation within the meaning of the **National Rail Corporation (Victoria) Act 1991**;\n\n(g) a passenger transport company within the meaning of the **Transport (Compliance and Miscellaneous) Act** **1983**;\n\n***public statutory authority*** means any body (including any trust) established by or under an Act for a public purpose;\n\nS. 3 def. of r*elevant corporation* inserted by No. 102/1998 s. 4(a).\n\n***relevant corporation***—\n\n(a) for the purposes of Part 4 (except sections 70 and 71)—\n\n(i) in relation to the Link road or the Extension road, means the Link Corporation if no notice under section 69A(1) is in effect; and\n\n(ii) if a notice under section 69A(1) has taken effect and no notice under section 69A(2) is in effect—\n\n(A) in relation to the Link road, means the Link corporation; and\n\n(B) in relation to the Extension road, means the Extension corporation; and\n\n(b) for the purposes of the rest of this Act (including sections 70 and 71)—\n\n(i) in relation to the Link road, means the Link corporation; and\n\n(ii) in relation to the Extension road, means the Extension corporation;\n\nS. 3 def. of *reserved land* inserted by No. 78/2001 s. 3.\n\n***reserved land*** means land that, by the operation of Part 2A, is or is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the Project;\n\nS. 3 def. of *reserved project land* repealed by No. 81/2000 s. 4(1).\n\nS. 3 def. of *restricted access area* repealed by No. 81/2000 s. 4(1).\n\nS. 3 def. of *restricted tolling information* inserted by No. 102/1998 s. 4(a), repealed by No. 70/2016 s. 43.\n\nS. 3 def. of *Roads Corporation* inserted by No. 49/2004 s. 4(2), amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 31.1(b)) (as amended by No. 45/2010 s. 22), repealed by No. 49/2019 s. 186(Sch. 4 item 28.1(a)).\n\nS. 3 def. of *Secretary* inserted by No. 81/2000 s. 4(6), repealed by No. 49/2004 s. 4(1), new def. of *Secretary* inserted by No. 49/2019 s. 186(Sch. 4 item 28.1(b)), amended by No. 25/2025 s. 106(Sch. 1 item 27.1).\n\n***Secretary*** means the Secretary to the Department of Transport and Planning;\n\nS. 3 def. of *State highway* inserted by No. 50/1998  \ns. 4(a), repealed by No. 12/2004 s. 162(2).\n\n***stratum of Crown land*** means a stratum of land which is Crown land;\n\n***stratum of land*** means a part of land consisting of a space of any shape, below on or above the surface of the land, or partly below and partly above the surface of the land, all the dimensions of which are limited;\n\nS. 3 def. of *temporary construction site* repealed by No. 81/2000 s. 4(1).\n\n*the Agreement* amended by Nos 21/1996 s. 3, 50/1998  \ns. 4(e), 81/2000 s. 4(5)(a).\n\n***the Agreement*** means the agreement for the Melbourne City Link Project, a copy of which was set out in Schedule 1 to this Act as enacted, and the exhibits to that agreement, or, if all or any of the provisions of that agreement or those exhibits are added to, substituted, cancelled or varied (whether or not the addition, substitution, cancellation or variation is effected by way of the Integration and Facilitation Agreement or otherwise), that agreement and those exhibits as so varied[[1]](#endnote-2);\n\n*the Extension Agreement* inserted by No. 50/1998  \ns. 4(a), amended by No. 81/2000 s. 4(5)(b).\n\n***the Extension Agreement*** means the agreement for the Exhibition Street Extension Project, and the exhibit to that agreement, a copy of which was set out in Schedule 6 to this Act as enacted by section 40 of the **Melbourne City Link (Exhibition Street Extension) Act 1998** or, if all or any of the provisions of that agreement, or that exhibit, are added to, substituted, cancelled or varied (whether or not the addition, substitution, cancellation or variation is effected by way of the Integration and Facilitation Agreement or otherwise) that agreement and exhibit as so varied;\n\n*the Integration and Facilitation Agreement* inserted by No. 50/1998  \ns. 4(a), amended by No. 81/2000 s. 4(5)(c).\n\n***the Integration and Facilitation Agreement*** means the agreement for integrating and facilitating the Project and the Exhibition Street Extension Project, a copy of which was set out in Schedule 5 to this Act as enacted by section 40 of the **Melbourne City Link (Exhibition Street Extension) Act 1998**, or, if all or any of the provisions of that agreement are added to, substituted, cancelled or varied, that agreement as so varied;\n\n***the Project*** has the meaning given by section 6;\n\n*toll zone* substituted by No. 102/1998 s. 4(e).\n\n***toll zone*** means a toll zone specified under section 71(1)(a);\n\n***vehicle*** has the same meaning as ***motor vehicle*** has in the **Road Safety Act 1986**.\n\n","sortOrder":11},{"sectionNumber":"4","sectionType":"section","heading":"Objects of Act","content":"\t4 Objects of Act\n\nThe objects of this Act are—\n\nS. 4(a) repealed by No. 81/2000 s. 5.\n\n(b) to authorise and facilitate the operation and management of the Link road and the tolling of the use of vehicles on the Link road by the Link corporation; and\n\nS. 4(c) amended by No. 50/1998  \n\n(c) to grant a concession to Transurban City Link Limited A.C.N. 070 810 678 in accordance with the Agreement; and\n\nS. 4(d) inserted by No. 50/1998  \n\n(d) to authorise and facilitate the operation and management of the Extension road and the tolling of the use of vehicles on the Extension road by the Extension corporation; and\n\nS. 4(e) inserted by No. 50/1998  \n\n(e) to grant a concession to City Link Extension Pty Ltd A.C.N. 082 058 615 in accordance with the Extension Agreement.\n\nS. 5 repealed by No. 81/2000 s. 6, new s. 5 inserted by No. 6/2010 s. 24(5)  \n(Sch. 1 item 7) (as amended by No. 45/2010 s. 5).\n\n","sortOrder":12},{"sectionNumber":"5","sectionType":"section","heading":"Transport Integration Act 2010","content":"\t5 Transport Integration Act 2010\n\nThis Act is transport legislation within the meaning of the **Transport Integration Act 2010**.\n\nS. 6 amended by No. 81/2006 s. 67 (ILA s. 39B(1)).\n\n","sortOrder":13},{"sectionNumber":"6","sectionType":"section","heading":"The Project","content":"\t6 The Project\n\n(1) In this Act a reference to the Project is a reference to the project, as described in the Agreement, for—\n\n(a) a southern link involving a freeway link connecting the West Gate Freeway east of Kingsway to the South Eastern Arterial incorporating road tunnels passing under Kings Domain and the Yarra River and South Richmond and upgrading of part of the South Eastern Arterial west of Toorak Road; and\n\n(b) a western link involving upgrading of part of the Tullamarine Freeway, from near Bulla Road to Flemington Road and a link from Flemington Road to Footscray Road and to the West Gate Freeway.\n\nS. 6(2) inserted by No. 81/2006 s. 67.\n\n(2) In this Act, a reference to the Project includes a reference to the Link Upgrade Project.\n\nS. 6A inserted by No. 78/2001 s. 4, repealed by No. 49/2004 s. 5(1).\n\nS. 6B (Heading) amended by Nos 95/2005 s. 3(1)(a), 49/2019 s. 186(Sch. 4 item 28.2).\n\nS. 6B inserted by No. 78/2001 s. 4.\n\n","sortOrder":14},{"sectionNumber":"6B","sectionType":"section","heading":"Functions and powers of the Head, Transport for Victoria","content":"\t6B Functions and powers of the Head, Transport for Victoria\n\nS. 6B(1) amended by Nos 49/2004 s. 5(2), 49/2019 s. 186(Sch. 4 item 28.3(a)).\n\n(1) The Head, Transport for Victoria has the following functions—\n\n(a) on behalf of the Crown, to administer and manage contractual arrangements between the Crown and the Link corporation and between the Crown and the Extension corporation;\n\n(b) to make recommendations regarding those contractual arrangements to the Minister;\n\n(c) to manage the responsibilities of the Crown in relation to the completion of the construction of the Project and the Exhibition Street Extension Project;\n\n(d) to manage the responsibilities of the Crown in relation to the operation of the Project and the Exhibition Street Extension Project;\n\n(e) to make recommendations to the Minister on public safety issues relating to the Project and the Exhibition Street Extension Project;\n\n(f) to manage, on behalf of the Crown, regulatory issues arising from the operation of the Link road and the operation of the Extension road;\n\nS. 6B(1)(g) amended by Nos 49/2004 s. 5(2), 49/2019 s. 186(Sch. 4 item 28.3(b)).\n\n(g) to undertake any other function conferred on the Head, Transport for Victoria by or under this or any other Act.\n\nS. 6B(2) repealed by No. 49/2004 s. 5(3).\n\nS. 6B(3) amended by Nos 49/2004 s. 5(4)(a)(b), 49/2019 s. 186(Sch. 4 item 28.3(b)).\n\n(3) The Head, Transport for Victoria must comply with any directions given by the Minister, including any direction relating to the provision of information or reports concerning the exercise of its powers and the performance of its functions.\n\nS. 7 amended by No. 50/1998 s. 6(1)(2), repealed by No. 81/2000 s. 6.\n\nSs 8, 9 repealed by No. 81/2000 s. 6.\n\n","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Link corporation","content":"\t10 Link corporation\n\nS. 10(1) amended by No. 13/2002 s. 4.\n\n(1) Subject to this section, the Link corporation for the purposes of this Act is CityLink Melbourne Limited A.C.N. 070 810 678.\n\n(2) If the person who is, for the time being, the Link corporation agrees to the declaration of another person as the Link corporation in its place, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Link corporation for the purposes of this Act.\n\n(3) If, under the Master Security Deed within the meaning of the Agreement, a person is entitled to nominate the appointment of another person in the place of the Link corporation, the Minister may, by Order published in the Government Gazette, declare that other person to be the Link corporation for the purposes of this Act.\n\n(4) If the Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—\n\n(a) declare that the person who, immediately before the termination, was the Link corporation has ceased to be the Link corporation; and\n\n(b) declare a person specified in the Order to be the Link corporation for the purposes of this Act.\n\n(5) An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.\n\n(6) The person who is for the time being the Link corporation is not a public authority within the meaning of any Act or enactment by reason only that it is the Link corporation.\n\n","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Link operator","content":"\t11 Link operator\n\nS. 11(1) amended by No. 95/2005 s. 3(1)(b).\n\n(1) Subject to this section, the Link operator for the purposes of this Act is TransLink Operations Pty Ltd A.C.N. 069 691 514.\n\n(2) If the person who is, for the time being, the Link corporation agrees to the declaration of another person as the Link operator, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Link operator for the purposes of this Act.\n\n(3) If, under the Master Security Deed within the meaning of the Agreement, a person is entitled to nominate the appointment of another person in the place of the Link operator, the Minister may, by Order published in the Government Gazette, declare that other person to be the Link operator for the purposes of this Act.\n\n(4) If the Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—\n\n(a) declare that the person who, immediately before the termination, was the Link operator has ceased to be the Link operator; and\n\n(b) declare a person specified in the Order to be the Link operator for the purposes of this Act.\n\n(5) An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.\n\n(6) The person who is for the time being the Link operator is not a public authority within the meaning of any Act or enactment by reason only that it is the Link operator.\n\n","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Powers of delegation or sub-delegation","content":"\t12 Powers of delegation or sub-delegation\n\n(1) The Link corporation may by instrument delegate to the Link operator referred to in section 11—\n\n(a) any road operation and management powers within the meaning of section 62 conferred on the Link corporation;\n\n(b) any of its powers and functions under Part 4, except section 71;\n\nS. 12(1)(c) amended by Nos 12/2004 s. 162(3), 6/2010 s. 203(1)  \n(Sch. 6 item 31.2(a)) (as amended by No. 45/2010 s. 22).\n\n(c) any of its powers and functions under the regulations made under section 56 of the **Transport (Compliance and Miscellaneous) Act 1983** or under the regulations made under section 132 of the **Road Management Act 2004**;\n\nS. 12(1)(d) repealed by No. 50/1998  \ns. 7(1), new s. 12(1)(d) inserted by No. 102/1998 s. 5(1), amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 31.2(b)) (as amended by No. 45/2010 s. 22).\n\n(d) any of its powers and functions under section 43 of the **Accident Towing Services Act 2007**.\n\nS. 12(1A) inserted by No. 50/1998  \ns. 7(2).\n\n(1A) The Link corporation may, by instrument, sub‑delegate to the Link operator or the Extension operator all or any of the following powers—\n\n(a) any road operation and management powers within the meaning of section 93I conferred on the Extension corporation, and, which have been delegated by the Extension corporation to the Link corporation;\n\nS. 12(1A)(b) amended by No. 102/1998 s. 24(a).\n\n(b) any of the Extension corporation's powers under Part 4 (except the power to fix tolls), which have been delegated by the Extension corporation to the Link corporation;\n\nS. 12(1A)(c) amended by Nos 12/2004 s. 162(3), 6/2010 s. 203(1)  \n(Sch. 6 item 31.3(a)) (as amended by No. 45/2010 s. 22).\n\n(c) any of the Extension corporation's powers and functions under regulations made under section 56 of the **Transport (Compliance and Miscellaneous) Act 1983** or under the regulations made under section 132 of the **Road Management Act 2004**, which have been delegated by the Extension corporation to the Link corporation;\n\nS. 12(1A)(d) inserted by No. 102/1998 s. 5(2), amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 31.3(b)) (as amended by No. 45/2010 s. 22).\n\n(d) any of the Extension corporation's powers and functions under section 43 of the **Accident Towing Services Act 2007**, which have been delegated by the Extension corporation to the Link corporation.\n\nS. 12(2) amended by No. 50/1998  \ns. 7(3)(a)(b).\n\n(2) If the Link corporation delegates or sub-delegates any power or function under this section, the Link corporation must publish a notice of that delegation or sub-delegation in the Government Gazette.\n\nS. 12A inserted by No. 50/1998  \n\n","sortOrder":18},{"sectionNumber":"12A","sectionType":"section","heading":"Extension corporation","content":"\t12A Extension corporation\n\n(1) Subject to this section, the Extension corporation for the purposes of this Act is City Link Extension Pty Ltd A.C.N. 082 058 615.\n\n(2) If the person who is, for the time being, the Extension corporation agrees to the declaration of another person as the Extension corporation in its place, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Extension corporation for the purposes of this Act.\n\n(3) If, under the Master Security Deed within the meaning of the Extension Agreement, a person is entitled to nominate the appointment of another person in the place of the Extension corporation, the Minister may, by Order published in the Government Gazette, declare that other person to be the Extension corporation for the purposes of this Act.\n\n(4) If the Extension Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—\n\n(a) declare that the person who, immediately before the termination, was the Extension corporation has ceased to be the Extension corporation; and\n\n(b) declare a person specified in the Order to be the Extension corporation for the purposes of this Act.\n\n(5) An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.\n\n(6) The person who is for the time being the Extension corporation is not a public authority within the meaning of any Act or enactment by reason only that that person is the Extension corporation.\n\nS. 12B inserted by No. 50/1998  \n\n","sortOrder":19},{"sectionNumber":"12B","sectionType":"section","heading":"Extension operator","content":"\t12B Extension operator\n\n(1) Subject to this section, the Extension operator for the purposes of this Act is TransLink Operations Pty Ltd A.C.N. 069 691 514.\n\n(2) If the person who is, for the time being, the Extension operator agrees to the declaration of another person as the Extension operator, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Extension operator for the purposes of this Act.\n\n(3) If, under the Master Security Deed within the meaning of the Extension Agreement, a person is entitled to nominate the appointment of another person in the place of the Extension operator, the Minister may, by Order published in the Government Gazette, declare that other person to be the Extension operator for the purposes of this Act.\n\n(4) If the Extension Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—\n\n(a) declare that the person who, immediately before the termination, was the Extension operator has ceased to be the Extension operator; and\n\n(b) declare a person specified in the Order to be the Extension operator for the purposes of this Act.\n\n(5) An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.\n\n(6) The person who is for the time being the Extension operator is not a public authority within the meaning of any Act or enactment by reason only that that person is the Extension operator.\n\nS. 12C inserted by No. 50/1998  \n\n","sortOrder":20},{"sectionNumber":"12C","sectionType":"section","heading":"Powers of delegation of Extension corporation","content":"\t12C Powers of delegation of Extension corporation\n\n(1) The Extension corporation may, by instrument, delegate to—\n\n(a) the Link corporation; or\n\n(b) the Extension operator—\n\nall or any of the following powers—\n\n(c) any road operation and management powers within the meaning of section 93I conferred on the Extension corporation;\n\nS. 12C(1)(d) amended by No. 102/1998 s. 24(a).\n\n(d) any of its powers and functions under Part 4 (except the power to fix tolls);\n\nS. 12C(1)(e) amended by Nos 12/2004 s. 162(3), 6/2010 s. 203(1)  \n(Sch. 6 item 31.4(a)) (as amended by No. 45/2010 s. 22).\n\n(e) any of its powers and functions under the regulations made under section 56 of the **Transport (Compliance and Miscellaneous) Act 1983** or under the regulations made under section 132 of the **Road Management Act 2004**;\n\nS. 12C(1)(f) inserted by No. 102/1998 s. 5(3), amended by Nos 6/2010 s. 203(1)  \n(Sch. 6 item 31.4(b)) (as amended by No. 45/2010 s. 22), 55/2013 s. 25.\n\n(f) any of its powers and functions under section42(3) of the **Accident Towing Services Act 2007**.\n\n(2) If the Extension corporation delegates any power or function under this section, the Extension corporation must publish a notice of that delegation in the Government Gazette.\n\nS. 12D inserted by No. 70/2016 s. 49.\n\n","sortOrder":21},{"sectionNumber":"12D","sectionType":"section","heading":"Certain instruments are not legislative instruments under Subordinate Legislation Act 1994","content":"\t12D Certain instruments are not legislative instruments under Subordinate Legislation Act 1994\n\nThe following instruments made under this Act are not legislative instruments for the purposes of the **Subordinate Legislation Act 1994**—\n\n(a) an agreement to vary all or any of the provisions of the Agreement under section 15(1);\n\n(b) a variation of all or any of the provisions of the Agreement under section 15(1A);\n\n(c) an agreement to vary all or any of the provisions of the Integration and Facilitation Agreement under section 15B(1);\n\n(d) a variation of all or any of the provisions of the Integration and Facilitation Agreement made under section 15B(2);\n\n(e) an agreement to vary all or any of the provisions of the Extension Agreement under section 15D(1);\n\n(f) a variation of all or any of the provisions of the Extension Agreement made under section 15D(2).\n\n","sortOrder":22},{"sectionNumber":"13","sectionType":"section","heading":"Act to bind Crown","content":"\t13 Act to bind Crown\n\nThis Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\nPt 2  \n(Heading) substituted by No. 50/1998  \ns. 9.\n\n","sortOrder":23},{"sectionNumber":"Part 2","sectionType":"part","heading":"Ratification of Agreements","content":"Part 2—Ratification of Agreements\n\n","sortOrder":24},{"sectionNumber":"14","sectionType":"section","heading":"Ratification of the Agreement","content":"\t14 Ratification of the Agreement\n\n(1) The Agreement is ratified and takes effect as if it had been enacted in this Act.\n\n(2) The Minister—\n\n(a) is deemed to have been authorised to enter into, for and on behalf of the State, any Project Document within the meaning of the Agreement that was entered into by the Minister before the commencement of this section; and\n\n(b) may, with the approval of the Treasurer, enter into, for and on behalf of the State, any other Project Document within the meaning of the Agreement.\n\n(3) The Government, its Ministers and its public authorities, will do all things necessary and practicable to ensure that the State and all its public authorities facilitate the implementation of the Agreement and to enable the State to discharge its obligations under the Agreement.\n\n(4) Any amount that the State is required to pay under or arising out of the Agreement, or an agreement referred to in subsection (2), is payable from the Consolidated Fund which is, to the necessary extent, appropriated accordingly.\n\n","sortOrder":25},{"sectionNumber":"15","sectionType":"section","heading":"Variation of the Agreement[[2]](#endnote-3), [[3]](#endnote-4)","content":"\t15 Variation of the Agreement[[2]](#endnote-3), [[3]](#endnote-4)\n\nS. 15(1) substituted by No. 21/1996 s. 4(1).\n\n(1) Any 2 or more of the persons who are parties to the Agreement, or any part of it, may, from time to time, by agreement in writing and, if the State is not one of those persons, with the consent of the Minister, vary all or any of the provisions of the Agreement that affect those persons.\n\nS. 15(1A) inserted by No. 21/1996 s. 4(1).\n\n(1A) All or any of the provisions of the Agreement may be varied from time to time in accordance with the terms of the Agreement.\n\nS. 15(1AAA) inserted by No. 50/1998  \ns. 10.\n\n(1AAA) The Agreement is varied in accordance with the terms of the Integration and Facilitation Agreement and, if there is any variation of the Integration and Facilitation Agreement, in accordance with the terms of that variation, and the following subsections of this section do not apply to any such variation.\n\nS. 15(1AA) inserted by No. 39/1997 s. 5(1).\n\n(1AA) A power under this section to vary the provisions of the Agreement extends to any agreement or variation necessary or convenient for purposes related to the implementation of the Exhibition Street Extension Project or the integration of that Project with the Project within the meaning of section 6.\n\nS. 15(1B) inserted by No. 21/1996 s. 4(1).\n\n(1B) The Minister must cause to be published in the Government Gazette a notice of an agreement under subsection (1) or a variation under subsection (1A), specifying the place or places at which a person may inspect the agreement or a statement of the variation.\n\nS. 15(1C) inserted by No. 21/1996 s. 4(1).\n\n(1C) An agreement or variation under subsection (1) or (1A) comes into operation—\n\n(a) when the notice under subsection (1B) is published in the Government Gazette; or\n\nS. 15(2) amended by No. 21/1996 s. 4(2)(a)(i)(ii).\n\n(2) The Minister must cause a copy of each agreement under subsection (1) and a statement of each variation under subsection (1A) as published under subsection (1B) to be laid before each House of the Parliament within 6 sitting days of the House next following the making of the agreement or variation.\n\nS. 15(2A) inserted by No. 81/2000 s. 7(1).\n\n(2A) The Minister must cause a copy of each agreement under subsection (1) and a statement of each variation under subsection (1A) as published under subsection (1B) to be sent to the Government Printer as soon as practicable after the making of the agreement or variation.\n\nS. 15(3) amended by No. 21/1996 s. 4(2)(b)(i)(ii).\n\n(3) An agreement or variation referred to in subsection (1) or (1A) may be revoked wholly or in part by resolution of either House of the Parliament passed within 6 sitting days of the House after a copy of the agreement or the statement of the variation is laid before that House.\n\nS. 15(4) substituted by No. 21/1996 s. 4(3).\n\n(4) If an agreement or variation referred to in subsection (1) or (1A) is revoked wholly or in part under subsection (3)—\n\nS. 15(4)(a) amended by No. 39/1997 s. 5(2).\n\n(a) a provision of the Agreement that had been cancelled or revoked by the agreement or variation, or by the part of the agreement or variation that is revoked, is revived as from the beginning of the day on which the agreement or variation, or part, was revoked; and\n\nS. 15(4)(b) amended by No. 39/1997 s. 5(2).\n\n(b) a provision of the Agreement that had been varied (otherwise than by cancellation or revocation) by the agreement or variation, or by the part of the agreement or variation that is revoked, takes effect without that variation as from the beginning of the day on which the agreement or variation, or part, was revoked as if the variation had not been made.\n\nS. 15(5) inserted by No. 21/1996 s. 4(3), amended by No. 39/1997 s. 5(2).\n\n(5) The Minister must cause to be published in the Government Gazette a notice of the revocation of an agreement or variation, or part of an agreement or variation.\n\nS. 15(5A) inserted by No. 81/2006 s. 68.\n\n(5A) For the avoidance of doubt—\n\n(a) an agreement may be entered into, and is deemed always to have been authorised to be entered into, under subsection (1) in relation to the Link Upgrade Project; and\n\n(b) a variation may be made, and is deemed always to have been authorised to be made, under subsection (1A) in relation to the Link Upgrade Project.\n\nS. 15(6) inserted by No. 21/1996 s. 4(3).\n\n(6) In this section, ***vary*** includes amend, add to, substitute, cancel or revoke.\n\nS. 15A inserted by No. 50/1998  \n\n","sortOrder":26},{"sectionNumber":"15A","sectionType":"section","heading":"Ratification of the Integration and Facilitation Agreement","content":"\t15A Ratification of the Integration and Facilitation Agreement\n\n(1) The Integration and Facilitation Agreement is ratified and takes effect as if it had been enacted in this Act.\n\n(2) The Minister is deemed to have been authorised, for and on behalf of the State, to enter into the Integration and Facilitation Agreement.\n\n(3) The Government, its Ministers and its public authorities, will do all things necessary and practicable to ensure that the State and all its public authorities facilitate the implementation of the Integration and Facilitation Agreement and to enable the State to discharge its obligations under the Integration and Facilitation Agreement.\n\n(4) Any amount that the State is required to pay under or arising out of the Integration and Facilitation Agreement is payable from the Consolidated Fund which is, to the necessary extent, appropriated accordingly.\n\nS. 15B inserted by No. 50/1998  \n\n","sortOrder":27},{"sectionNumber":"15B","sectionType":"section","heading":"Variation of the Integration and Facilitation Agreement[[4]](#endnote-5), [[5]](#endnote-6)","content":"\t15B Variation of the Integration and Facilitation Agreement[[4]](#endnote-5), [[5]](#endnote-6)\n\n(1) Any 2 or more persons who are parties to the Integration and Facilitation Agreement or any part of that agreement may, from time to time, by agreement in writing and, if the State is not one of those persons, with the consent of the Minister, vary all or any of the provisions of the Integration and Facilitation Agreement that affect those persons.\n\n(2) All or any of the provisions of the Integration and Facilitation Agreement may be varied from time to time in accordance with the terms of the Integration and Facilitation Agreement.\n\n(3) The Minister must cause to be published in the Government Gazette a notice of an agreement under subsection (1) or a variation under subsection (2), specifying the place or places at which a person may inspect that agreement or a statement of the variation.\n\n(4) An agreement or variation under subsection (1) or (2) comes into operation—\n\n(a) when the notice under subsection (3) is published in the Government Gazette; or\n\n(5) The Minister must cause a copy of each agreement under subsection (1) and a statement of each variation under subsection (2) as published under subsection (3) to be laid before each House of the Parliament within 6 sitting days of the House next following the making of the agreement or variation.\n\nS. 15B(5A) inserted by No. 81/2000 s. 7(2).\n\n(5A) The Minister must cause a copy of each agreement under subsection (1) and a statement of each variation under subsection (2) as published under subsection (3) to be sent to the Government Printer as soon as practicable after the making of the agreement or variation.\n\n(6) An agreement or variation referred to in subsection (1) or (2) may be revoked wholly or in part by resolution of either House of the Parliament passed within 6 sitting days of the House after a copy of the agreement or the statement of the variation is laid before that House.\n\n(7) If an agreement or variation referred to in subsection (1) or (2) is revoked wholly or in part under subsection (6)—\n\n(a) a provision of the Integration and Facilitation Agreement, the Agreement or the Extension Agreement that had been cancelled or revoked by the agreement or variation, or by the part of the agreement or variation that is revoked, is revived as from the beginning of the day on which the agreement or variation, or part, was revoked; and\n\n(b) a provision of the Integration and Facilitation Agreement, the Agreement or the Extension Agreement that had been varied (otherwise than by cancellation or revocation) by the agreement or variation, or by the part of the agreement or variation that is revoked, takes effect without that variation as from the beginning of the day on which the agreement or variation, or part, was revoked as if the variation had not been made.\n\n(8) The Minister must cause to be published in the Government Gazette a notice of the revocation of an agreement or variation, or part of an agreement or variation.\n\nS. 15B(8A) inserted by No. 81/2006 s. 70.\n\n(8A) For the avoidance of doubt—\n\n(a) an agreement may be entered into, and is deemed always to have been authorised to be entered into, under subsection (1) in relation to the Link Upgrade Project; and\n\n(b) a variation may be made, and is deemed always to have been authorised to be made, under subsection (2) in relation to the Link Upgrade Project.\n\n(9) In this section, ***vary*** includes amend, add to, substitute, cancel or revoke.\n\nS. 15C inserted by No. 50/1998  \n\n","sortOrder":28},{"sectionNumber":"15C","sectionType":"section","heading":"Ratification of the Extension Agreement","content":"\t15C Ratification of the Extension Agreement\n\n(1) The Extension Agreement is ratified and takes effect as if it had been enacted in this Act.\n\n(2) The Minister—\n\n(a) is deemed to have been authorised to enter into, for and on behalf of the State, any ESEP project document that was entered into by the Minister before the commencement of section 11 of the **Melbourne City Link (Exhibition Street Extension) Act 1998**; and\n\n(b) may, with the approval of the Treasurer, enter into, for and on behalf of the State, any other ESEP project document.\n\n(3) The Government, its Ministers and its public authorities, will do all things necessary and practicable to ensure that the State and all its public authorities facilitate the implementation of the Extension Agreement and any ESEP project document and to enable the State to discharge its obligations under the Extension Agreement and any ESEP project document.\n\n(4) Any amount that the State is required to pay under or arising out of the Extension Agreement, or any agreement referred to in subsection (2), is payable from the Consolidated Fund which is, to the necessary extent, appropriated accordingly.\n\nS. 15D inserted by No. 50/1998  \n\n","sortOrder":29},{"sectionNumber":"15D","sectionType":"section","heading":"Variation of the Extension Agreement[[6]](#endnote-7), [[7]](#endnote-8)","content":"\t15D Variation of the Extension Agreement[[6]](#endnote-7), [[7]](#endnote-8)\n\n(1) Any 2 or more persons who are parties to the Extension Agreement, or any part of that agreement may, from time to time, by agreement in writing and, if the State is not one of those persons, with the consent of the Minister, vary all or any of the provisions of the Extension Agreement that affect those persons.\n\n(2) All or any of the provisions of the Extension Agreement may be varied from time to time in accordance with the terms of the Extension Agreement.\n\n(3) The Extension Agreement is varied in accordance with the terms of the Integration and Facilitation Agreement and, if there is any variation of the Integration and Facilitation Agreement, the Extension Agreement is varied in accordance with the terms of that variation, and the following subsections of this section do not apply to any such variation.\n\n(4) The Minister must cause to be published in the Government Gazette a notice of an agreement under subsection (1) or a variation under subsection (2), specifying the place or places at which a person may inspect the agreement or a statement of the variation.\n\n(5) An agreement or variation under subsection (1) or (2) comes into operation—\n\n(a) when the notice under subsection (4) is published in the Government Gazette; or\n\n(6) The Minister must cause a copy of each agreement under subsection (1) and a statement of each variation under subsection (2) as published under subsection (4) to be laid before each House of the Parliament within 6 sitting days of the House next following the making of the agreement or variation.\n\nS. 15D(6A) inserted by No. 81/2000 s. 7(3).\n\n(6A) The Minister must cause a copy of each agreement under subsection (1) and a statement of each variation under subsection (2) as published under subsection (4) to be sent to the Government Printer as soon as practicable after the making of the agreement or variation.\n\n(7) An agreement or variation referred to in subsection (1) or (2) may be revoked wholly or in part by resolution of either House of the Parliament passed within 6 sitting days of the House after a copy of the agreement or the statement of the variation is laid before that House.\n\n(8) If an agreement or variation referred to in subsection (1) or (2) is revoked wholly or in part under subsection (7)—\n\n(a) a provision of the Extension Agreement that had been cancelled or revoked by the agreement or variation, or by the part of the agreement or variation that is revoked, is revived as from the beginning of the day on which the agreement or variation, or part, was revoked; and\n\n(b) a provision of the Extension Agreement that had been varied (otherwise than by cancellation or revocation) by the agreement or variation, or by the part of the agreement or variation that is revoked, takes effect without that variation as from the beginning of the day on which the agreement or variation, or part, was revoked as if the variation had not been made.\n\n(9) The Minister must cause to be published in the Government Gazette a notice of the revocation of an agreement or variation, or part of an agreement or variation.\n\nS. 15D(9A) inserted by No. 81/2006 s. 71.\n\n(9A) For the avoidance of doubt—\n\n(a) an agreement may be entered into, and is deemed always to have been authorised to be entered into, under subsection (1) in relation to the Link Upgrade Project; and\n\n(b) a variation may be made, and is deemed always to have been authorised to be made, under subsection (2) in relation to the Link Upgrade Project.\n\n(10) In this section, ***vary*** includes amend, add to, substitute, cancel or revoke.\n\n","sortOrder":30},{"sectionNumber":"16","sectionType":"section","heading":"Agreements to prevail if inconsistent with Act","content":"\t16 Agreements to prevail if inconsistent with Act\n\nS. 16(1) inserted by No. 50/1998  \ns. 12(1)(a).\n\n(1) If a provision of the Agreement, the Integration and Facilitation Agreement or the Extension Agreement is inconsistent with a provision of this Act—\n\nS. 16(1)(a) amended by No. 50/1998  \ns. 12(1)(b).\n\n(a) the provision of the Agreement, the Integration and Facilitation Agreement or the Extension Agreement (as the case requires) prevails; and\n\n(b) the application of this Act is modified accordingly.\n\nS. 16(2) amended by Nos 50/1998  \ns. 12(2), 81/2006 s. 69.\n\n(2) Nothing in this section derogates from the operation of sections 14, 15A, 15C and 98 and Division 8 of Part 2B.\n\nS. 17 amended by No. 50/1998  \ns. 13.\n\n","sortOrder":31},{"sectionNumber":"17","sectionType":"section","heading":"Modification of law of Victoria","content":"\t17 Modification of law of Victoria\n\nIf a provision of the Agreement, the Integration and Facilitation Agreement or the Extension Agreement is inconsistent with a provision of an enactment or any other law of Victoria, the provision of the Agreement, the Integration and Facilitation Agreement or the Extension Agreement (as the case requires) prevails and the provision of the enactment or other law of Victoria is, to the extent of the inconsistency, modified accordingly.\n\n","sortOrder":32},{"sectionNumber":"18","sectionType":"section","heading":"Enforcement of Agreements","content":"\t18 Enforcement of Agreements\n\n(1) The Agreement may be enforced only by or on behalf of the State or another party to it or a successor or assign of another party.\n\nS. 18(1A) inserted by No. 50/1998  \ns. 14(1).\n\n(1A) The Integration and Facilitation Agreement may be enforced only by or on behalf of the State or another party to it or a successor or assign of another party.\n\nS. 18(1B) inserted by No. 50/1998  \ns. 14(1).\n\n(1B) The Extension Agreement may be enforced only by or on behalf of the State or another party to it or a successor or assign of another party.\n\nS. 18(2) substituted by No. 50/1998  \ns. 14(2).\n\n(2) Neither the State nor a public authority is liable for the acts or omissions of—\n\n(a) any other party to—\n\n(i) the Agreement; or\n\n(ii) the Integration and Facilitation Agreement; or\n\n(iii) the Extension Agreement; or\n\nS. 18(2)(b) amended by No. 78/2001 s. 5.\n\n(b) a licensee or a licence holder in relation to the Project.\n\nS. 18A inserted by No. 81/2000 s. 8.\n\n","sortOrder":33},{"sectionNumber":"18A","sectionType":"section","heading":"Publication of agreements as amended","content":"\t18A Publication of agreements as amended\n\nS. 18A(1) amended by No. 110/2004 s. 4.\n\n(1) If an agreement under this Act has been varied, the Government Printer must reprint the agreement as so varied at the same time that this Act is reprinted.\n\nS. 18A(2) substituted by No. 110/2004 s. 5.\n\n(2) A document purporting to be printed by the Government Printer and to be a copy of a reprint of an agreement made in accordance with subsection (1) is, on the mere production of the document, admissible as evidence of the agreement before all courts or persons acting judicially within Victoria.\n\n(3) In this section—\n\n***agreement*** means any of the following—\n\n(a) the Agreement;\n\n(b) the Extension Agreement;\n\n(c) the Integration and Facilitation Agreement—\n\nbut does not include an exhibit to such an agreement;\n\n***vary*** includes amend, add to, substitute, cancel or revoke.\n\nS. 18B inserted by No. 81/2000 s. 8.\n\n","sortOrder":34},{"sectionNumber":"18B","sectionType":"section","heading":"Agreement as evidence","content":"\t18B Agreement as evidence\n\nS. 18B(1) amended by Nos 49/2004 s. 5(5), 110/2004 s. 6, 49/2019 s. 186(Sch. 4 item 28.4).\n\n(1) A document purporting to be certified by the Head, Transport for Victoria as a copy of an exhibit to an agreement or a variation to an agreement under this Act is admissible as evidence of the exhibit or variation (as the case may be) before all courts or persons acting judicially within Victoria.\n\nS. 18B(2) amended by No. 29/2011 s. 3(Sch. 1 item 58).\n\n(2) In this section—\n\n***agreement*** means any of the following—\n\n(a) the Agreement;\n\n(b) the Extension Agreement;\n\n(c) the Integration and Facilitation Agreement—\n\nbut does not include an exhibit to such an agreement;\n\n***vary*** includes amend, add to, substitute, cancel or revoke.\n\nS. 19 amended by No. 50/1998  \ns. 15.\n\n","sortOrder":35},{"sectionNumber":"19","sectionType":"section","heading":"Specific performance","content":"\t19 Specific performance\n\nFor the avoidance of doubt, it is declared that section 23(1) of the **Crown Proceedings Act 1958** authorises the granting and enforcement of a decree of specific performance against the Crown in respect of the obligations of the State under the Agreement, the Integration and Facilitation Agreement and the Extension Agreement.\n\nS. 20 substituted by No. 13/2002 s. 5.\n\n","sortOrder":36},{"sectionNumber":"20","sectionType":"section","heading":"Restrictions on acquisition of units in Trust","content":"\t20 Restrictions on acquisition of units in Trust\n\n","sortOrder":37},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"applies in respect of units in the Trust constituted under the Unit Trust Deed entered into on 15 November 2001 by Transurban Infrastructure Management Limited ACN 098 147 678.","content":"Schedule 2 applies in respect of units in the Trust constituted under the Unit Trust Deed entered into on 15 November 2001 by Transurban Infrastructure Management Limited ACN 098 147 678.\n\nPt 2A (Heading and ss 20A–20G) inserted by No. 78/2001 s. 6.\n\n","sortOrder":38},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Reservation of land for the Project","content":"Part 2A—Reservation of land for the Project\n\nDivision 1—Land to be reserved\n\nS. 20A inserted by No. 78/2001 s. 6.\n\n","sortOrder":39},{"sectionNumber":"20A","sectionType":"section","heading":"Revocation of existing reservations of certain land and re‑reservation of that land for the Project","content":"\t20A Revocation of existing reservations of certain land and re‑reservation of that land for the Project\n\n(1) On the coming into operation of section 6 of the **Melbourne City Link (Further Amendment) Act 2001**, the Order in Council specified in item 1 of Schedule 8 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./01–111 and lodged in the Central Plan Office.\n\n(2) On the coming into operation of section 6 of the **Melbourne City Link (Further Amendment) Act 2001**, the Order in Council specified in item 2 of Schedule 8 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./01–113 lodged in the Central Plan Office.\n\n(3) Despite anything to the contrary in the **Crown Land (Reserves) Act 1978**, on the revocation of an Order in Council specified in Schedule 8 in so far as it relates to the land shown on a plan referred to in subsection (1) or (2)—\n\n(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) the appointment of any committee of management is revoked in so far as it applies to the land; and\n\n(c) any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked in so far as they apply to the land; and\n\n(d) the land is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the Project, and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act.\n\nS. 20AA inserted by No. 13/2002 s. 6.\n\n\t20AA Further revocation of existing reservations of land and re‑reservation of that land for the Project\n\n(1) On the coming into operation of section 6 of the **Melbourne City Link (Further Miscellaneous Amendments) Act 2002**, the Order in Council specified in item 1 of Schedule 9 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./02−016 and lodged in the Central Plan Office.\n\n(2) On the coming into operation of section 6 of the **Melbourne City Link (Further Miscellaneous Amendments) Act 2002**, the Order in Council specified in item 2 of Schedule 9 is revoked in so far as it relates to the land shown hatched on the plan numbered LEGL./02−017 and lodged in the Central Plan Office.\n\n(3) Despite anything to the contrary in the **Crown Land (Reserves) Act 1978**, on the revocation of the Orders in Council specified in items 1 and 2 of Schedule 9 in so far as they relate to the land shown on the plans referred to in subsections (1) and (2)—\n\n(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) the appointment of any committee of management is revoked in so far as it applies to the land; and\n\n(c) any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked in so far as they apply to the land; and\n\n(d) the land is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the Project, and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act.\n\nS. 20B inserted by No. 78/2001 s. 6, repealed by No. 6/2010 s. 203(1)  \n(Sch. 6 item 31.5) (as amended by No. 45/2010 s. 22).\n\nS. 20BA inserted by No. 13/2002 s. 7.\n\n\t20BA Surrender and reservation of land for the purposes of the Project\n\n(1) On the coming into operation of section 7 of the **Melbourne City Link (Further Miscellaneous Amendments) Act 2002**, the land shown cross-hatched on the plans numbered LEGL./02−016 and LEGL./02−017 and lodged in the Central Plan Office is surrendered to the Crown.\n\n(2) On the coming into operation of section 7 of the **Melbourne City Link (Further Miscellaneous Amendments) Act 2002**,  the land shown on the plans referred to in subsection (1)—\n\n(a) is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the Project, and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act.\n\nS. 20C inserted by No. 78/2001 s. 6.\n\n","sortOrder":40},{"sectionNumber":"20C","sectionType":"section","heading":"Reservation of land for the purposes of the Project","content":"\t20C Reservation of land for the purposes of the Project\n\nWithout limiting section 5 of the **Crown Land (Reserves) Act 1978**, land may be reserved under that section for public purposes, being, in particular, the purposes of the Project.\n\nDivision 2—Management of reserved land and other matters\n\nS. 20D inserted by No. 78/2001 s. 6.\n\n","sortOrder":41},{"sectionNumber":"20D","sectionType":"section","heading":"Committees of management of reserved land","content":"\t20D Committees of management of reserved land\n\nThe Minister administering the **Crown Land (Reserves) Act 1978** must consult with the Minister administering this Act before appointing a committee of management under the **Crown Land (Reserves) Act 1978** for reserved land.\n\nS. 20E inserted by No. 78/2001 s. 6.\n\n","sortOrder":42},{"sectionNumber":"20E","sectionType":"section","heading":"Issue of licences in respect of reserved land","content":"\t20E Issue of licences in respect of reserved land\n\n(1) This section applies despite anything to the contrary in the **Crown Land (Reserves) Act 1978** or the **Land Act 1958**.\n\n(2) The Minister, after consultation with the Minister administering the **Crown Land (Reserves) Act 1978**—\n\n(a) may issue a licence in accordance with the Agreement—\n\n(i) to enter and use the whole or any part of reserved land, in accordance with the Agreement;\n\n(ii) to the person entitled to the issue of the licence; and\n\n(b) may impose conditions, subject to and in accordance with the Agreement, on the licence.\n\n(3) The term of a licence must be in accordance with the Agreement.\n\n(4) A licence may be amended at any time with the agreement of the licensee.\n\n(5) A licence may be—\n\n(a) terminated in whole or in part before the end of the term of the licence; or\n\nin accordance with the terms of the Agreement.\n\nS. 20F inserted by No. 78/2001 s. 6.\n\n","sortOrder":43},{"sectionNumber":"20F","sectionType":"section","heading":"Certain Acts not to apply to licensed areas","content":"\t20F Certain Acts not to apply to licensed areas\n\n(1) In this section ***excluded Act*** means—\n\n(a) the **Building Act 1993**;\n\n(b) the **South Melbourne Land Act 1986**;\n\nS. 20F(1)(c) repealed by No. 6/2009 s. 53(1).\n\nS. 20F(1)(d) amended by No. 63/2006 s. 61(Sch. item 21.1).\n\n(d) the **Mineral Resources (Sustainable Development) Act 1990**.\n\n(2) An excluded Act does not apply to or in relation to the whole or any part of a licensed area and anything done on that land on and from the date that the licence is issued under section 20E until the licence is terminated in respect of that land.\n\nS. 20G inserted by No. 78/2001 s. 6.\n\n","sortOrder":44},{"sectionNumber":"20G","sectionType":"section","heading":"Action by Registrar of Titles","content":"\t20G Action by Registrar of Titles\n\nOn being requested to do so and on delivery of any relevant instrument or document (but without production of a duplicate Crown grant or certificate of title), the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part.\n\nPt 2B (Headings and  \nss 21–56ZL) inserted by No. 81/2006 s. 72.\n\n","sortOrder":45},{"sectionNumber":"Part 2B","sectionType":"part","heading":"Link Upgrade Project","content":"Part 2B—Link Upgrade Project\n\nDivision 1—Introductory\n\nNew s. 21 inserted by No. 81/2006 s. 72.\n\n","sortOrder":46},{"sectionNumber":"21","sectionType":"section","heading":"Definitions","content":"\t21 Definitions\n\n(1) In this Part—\n\nS. 21(1) def. of *approved Utility agreement* amended by No. 49/2019 s. 186(Sch. 4 item 28.5(a)).\n\n***approved Utility agreement*** means a Utility agreement that is approved by the Head, Transport for Victoria under section 52;\n\n***construction permit*** means a construction permit issued under Division 4;\n\n***decision-maker***, in Division 7, means—\n\n(a) the Minister and the Utility Minister; or\n\n(b) a person appointed under section 56ZA;\n\n***Link Upgrade area*** has the same meaning as it has in Schedule 5A to the **Road Management Act 2004**;\n\n***Link Upgrade construction area*** means land for which a construction permit is issued;\n\n***Link Upgrade construction work*** means work for the construction of the Link Upgrade Project;\n\n***Link Upgrade licensed land*** means land that is the subject of a licence issued under Division 3;\n\n***M1 Redevelopment Project*** has the same meaning as it has in Schedule 5A to the **Road Management Act 2004**;\n\n***notified Utility infrastructure*** means Utility infrastructure—\n\n(a) that is identified under section 54; or\n\n(b) that has been notified under section 56;\n\n***rectification*** includes repair, replacement and reinstatement;\n\n***reserved Link Upgrade land*** means land that under Schedule 5A to the **Road Management Act 2004** is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the Link Upgrade Project;\n\n***unnotified Utility infrastructure*** means Utility infrastructure—\n\n(a) that has not been identified under section 54; or\n\n(b) that has not been notified under section 56;\n\nS. 21(1) def. of *Utility* amended by No. 17/2009 s. 31, substituted by No. 6/2010 s. 203(1) (Sch. 6 item 31.6(a)) (as amended by No. 45/2010 s. 22), amended by Nos 61/2011 s. 25(Sch. 1 Item 6), 22/2013 s. 61, 41/2019 s. 117(Sch. 1 item 9.1), 49/2019 s. 186(Sch. 4 item 28.5(b)).\n\n***Utility*** means—\n\n(a) a utility within the meaning of the **Road Management Act 2004**; or\n\n(b) a provider of public transport within the meaning of the **Road Management Act 2004**; or\n\n(c) the Head, Transport for Victoria; or\n\n(d) a rail transport operator within the meaning of the Rail Safety National Law (Victoria);\n\n***Utility agreement*** means an agreement entered into under section 49 and, if that agreement is amended under section 53, that agreement as so amended;\n\nS. 21(1) def. of *Utility infrastructure* amended by No. 6/2010 s. 203(1) (Sch. 6 item 31.6(b)) (as amended by No. 45/2010 s. 22).\n\n***Utility infrastructure*** means any part of the supply, distribution or reticulation network operated or managed by a Utility, including—\n\n(a) poles, pipes, cables, wires, conduits and tunnels; and\n\n(b) rail infrastructure and tram infrastructure (both within the meaning of the **Rail Management Act 1996**);\n\n***Utility Minister*** in relation to a Utility, means the Minister for the time being administering any Act—\n\n(a) under which a Utility is authorised to provide an infrastructure service; or\n\n(b) that regulates the provision by the Utility of an infrastructure service;\n\n***works*** has the same meaning as it has in the **Road Management Act 2004**.\n\n(2) The Premier may determine a Minister as the Utility Minister for a Utility and if a determination is made that Minister is deemed to be the Utility Minister for that Utility for the purposes of this Part.\n\nPt 2B Div. 2 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 28.6).\n\nDivision 2—General powers of the Head, Transport for Victoria\n\nS. 22 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 28.7).\n\nNew s. 22 inserted by No. 81/2006 s. 72.\n\n","sortOrder":47},{"sectionNumber":"22","sectionType":"section","heading":"Head, Transport for Victoria appointed committee of management","content":"\t22 Head, Transport for Victoria appointed committee of management\n\nS. 22(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.8(a)).\n\n(1) The Head, Transport for Victoria is deemed to be the committee of management under the **Crown Land (Reserves) Act 1978** of reserved Link Upgrade land.\n\nS. 22(2) amended by No. 49/2019 s. 186(Sch. 4 item 28.8(b)).\n\n(2) The provisions of sections 15(2), 15(3), 15(4), 15(7), 15(8) and 15(9) of the **Crown Land (Reserves) Act 1978** do not apply to the Head, Transport for Victoria as committee of management.\n\nS. 22(3) amended by No. 49/2019 s. 186(Sch. 4 item 28.8(b)).\n\n(3) In addition to the powers conferred on committees of management under the **Crown Land (Reserves) Act 1978**, the Head, Transport for Victoria as committee of management has all the powers necessary to give effect to this Act*.*\n\n(4) For the purposes of this section, the **Crown Land (Reserves) Act 1978** applies as if a reference to the Minister under that Act were a reference to the Minister administering this Act.\n\nNew s. 23 inserted by No. 81/2006 s. 72.\n\n","sortOrder":48},{"sectionNumber":"23","sectionType":"section","heading":"Temporary access to Crown land","content":"\t23 Temporary access to Crown land\n\nS. 23(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.9(a)).\n\n(1) The Head, Transport for Victoria may, with the approval of the Minister administering section 12 of the **Land Act 1958** given after consultation with any other Minister concerned with the management or use of the land use any Crown land for the purposes of the Link Upgrade Project.\n\nS. 23(2) amended by No. 49/2019 s. 186(Sch. 4 item 28.9(b)).\n\n(2) If any Crown land proposed to be so used by the Head, Transport for Victoria is reserved under the **Crown Land (Reserves) Act 1978** for a purpose that is inconsistent with that use, the Head, Transport for Victoria must not use the land unless the reservation is revoked.\n\n","sortOrder":49},{"sectionNumber":"Div 3","sectionType":"division","heading":"Licences","content":"Division 3—Licences\n\nNew s. 24 inserted by No. 81/2006 s. 72.\n\n","sortOrder":50},{"sectionNumber":"24","sectionType":"section","heading":"Application","content":"\t24 Application\n\nThis Division applies despite anything to the contrary in section 175A of the **Water Industry Act 1994**, the **Land Act 1958**, the **Crown Land (Reserves) Act 1978** or any other Act.\n\nS. 25 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 28.10).\n\nNew s. 25 inserted by No. 81/2006 s. 72.\n\n","sortOrder":51},{"sectionNumber":"25","sectionType":"section","heading":"Head, Transport for Victoria may issue licence for purposes of Link Upgrade Project","content":"\t25 Head, Transport for Victoria may issue licence for purposes of Link Upgrade Project\n\nS. 25(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.11).\n\n(1) The Head, Transport for Victoria may issue a licence in accordance with the Agreement to enter and use the whole or part of any reserved Link Upgrade land in accordance with the Agreement.\n\n(2) A licence under subsection (1) may only be issued to a person entitled under the Agreement to the issue of a licence.\n\nNew s. 26 inserted by No. 81/2006 s. 72.\n\n","sortOrder":52},{"sectionNumber":"26","sectionType":"section","heading":"Term of licence","content":"\t26 Term of licence\n\nThe term of the licence must be in accordance with the Agreement.\n\nNew s. 27 inserted by No. 81/2006 s. 72.\n\n","sortOrder":53},{"sectionNumber":"27","sectionType":"section","heading":"Conditions of licence—general","content":"\t27 Conditions of licence—general\n\nS. 27(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.12).\n\n(1) The Head, Transport for Victoria may impose conditions on a licence subject to and in accordance with the Agreement.\n\n(2) A licence that is inconsistent with the Agreement is invalid only to the extent of the inconsistency.\n\nNew s. 28 inserted by No. 81/2006 s. 72.\n\n","sortOrder":54},{"sectionNumber":"28","sectionType":"section","heading":"Conditions on licence over stratum of land","content":"\t28 Conditions on licence over stratum of land\n\nS. 28(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.13).\n\n(1) Subject to section 27, in imposing conditions on a licence over a stratum of land, the Head, Transport for Victoria must have regard to the following matters—\n\n(a) that reasonable access to and use of the stratum and other land be provided for; and\n\n(b) that the rights of the registered proprietor, lessee or licensee of other land not be interfered with; and\n\n(c) that the rights of support of the stratum or of other land or of any building or structure erected or to be erected on those lands be provided for; and\n\n(d) that the making and removal of improvements by the licensee be provided for; and\n\n(e) that any necessary rights for the passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or telecommunications) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or of other land, be provided for.\n\n(2) The issuing of a licence under this Division of a stratum of land is conclusive proof of compliance with subsections (1)(a), (1)(b), (1)(c), (1)(d) and (1)(e) with respect to the licence.\n\nNew s. 29 inserted by No. 81/2006 s. 72.\n\n","sortOrder":55},{"sectionNumber":"29","sectionType":"section","heading":"Ability to mortgage licence","content":"\t29 Ability to mortgage licence\n\nThe licensee may only mortgage, charge, assign or otherwise encumber the licensee's interest in the licence in accordance with the terms of the Agreement.\n\nNew s. 30 inserted by No. 81/2006 s. 72.\n\n","sortOrder":56},{"sectionNumber":"30","sectionType":"section","heading":"Amendment of licence","content":"\t30 Amendment of licence\n\nA licence may be amended at any time with the agreement of the licensee.\n\nNew s. 31 inserted by No. 81/2006 s. 72.\n\n","sortOrder":57},{"sectionNumber":"31","sectionType":"section","heading":"Termination of licence","content":"\t31 Termination of licence\n\nA licence may be terminated in whole or in part before the end of the term of the licence in accordance with the Agreement.\n\nNew s. 32 inserted by No. 81/2006 s. 72.\n\n","sortOrder":58},{"sectionNumber":"32","sectionType":"section","heading":"Renewal of licence","content":"\t32 Renewal of licence\n\nA licence may be renewed in accordance with the terms of the Agreement.\n\nNew s. 33 inserted by No. 81/2006 s. 72.\n\n","sortOrder":59},{"sectionNumber":"33","sectionType":"section","heading":"Act to apply as if Link Upgrade licensed land were leased land","content":"\t33 Act to apply as if Link Upgrade licensed land were leased land\n\n(1) On the issue under this Division of a licence in respect of land—\n\n(a) this Act (except section 99) applies to that land as if any reference in this Act to leased land or land leased under section 60 included a reference to that land; and\n\n(b) section 62 applies to that land as if any reference in that section to the grant of a lease under section 60 were a reference to the issue of a licence under this Division in respect of that land.\n\n(2) This section ceases to apply to land on the termination of the licence in respect of the land.\n\n","sortOrder":60},{"sectionNumber":"Div 4","sectionType":"division","heading":"Construction permits","content":"Division 4—Construction permits\n\nNew s. 34 inserted by No. 81/2006 s. 72.\n\n","sortOrder":61},{"sectionNumber":"34","sectionType":"section","heading":"Construction permit","content":"\t34 Construction permit\n\nS. 34(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.14).\n\n(1) The Head, Transport for Victoria may issue a construction permit in accordance with the Agreement to any person who is entitled under the Agreement to the issue of a construction permit.\n\n(2) A construction permit authorises the carrying out of works for the purposes of the Link Upgrade Project over land to which the permit applies.\n\nNew s. 35 inserted by No. 81/2006 s. 72.\n\n","sortOrder":62},{"sectionNumber":"35","sectionType":"section","heading":"Land to which permit can apply","content":"\t35 Land to which permit can apply\n\nA construction permit may be issued under this Division over the following land—\n\n(a) leased land;\n\n(b) reserved Link Upgrade project land;\n\nS. 35(c) amended by No. 49/2019 s. 186(Sch. 4 item 28.15).\n\n(c) land which is temporarily occupied by the Head, Transport for Victoria for the purposes of the M1 Redevelopment Project under Part 9 of the **Land Acquisition and Compensation Act 1986**;\n\nS. 35(d) amended by No. 49/2019 s. 186(Sch. 4 item 28.15).\n\n(d) Crown land which the Head, Transport for Victoria is permitted to use under section 23;\n\nS. 35(e) amended by No. 49/2019 s. 186(Sch. 4 item 28.15).\n\n(e) land  vested in the Head, Transport for Victoria;\n\n(f) land  that is available land within the meaning of clause 11 of Schedule 3 to the **Road Management Act 2004**.\n\nNew s. 36 inserted by No. 81/2006 s. 72.\n\n","sortOrder":63},{"sectionNumber":"36","sectionType":"section","heading":"Conditions on permit","content":"\t36 Conditions on permit\n\nS. 36(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.16).\n\n(1) The Head, Transport for Victoria may impose conditions on a construction permit subject to and in accordance with the Agreement.\n\n(2) A construction permit does not authorise any activity on land referred to in section 35(c) that would be inconsistent with Part 9 of the **Land Acquisition and Compensation Act 1986**.\n\n(3) A construction permit that is inconsistent with the Agreement is invalid only to the extent of the inconsistency.\n\nNew s. 37 inserted by No. 81/2006 s. 72.\n\n","sortOrder":64},{"sectionNumber":"37","sectionType":"section","heading":"Cancellation of permit","content":"\t37 Cancellation of permit\n\nS. 37(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.17).\n\n(1) The Head, Transport for Victoria may cancel a construction permit.\n\n(2) A construction permit is cancelled to the extent that it relates to land if that land ceases to be land for which a construction permit may be issued.\n\n","sortOrder":65},{"sectionNumber":"Div 5","sectionType":"division","heading":"Statutory powers and exemptions","content":"Division 5—Statutory powers and exemptions\n\nNew s. 38 inserted by No. 81/2006 s. 72.\n\n","sortOrder":66},{"sectionNumber":"38","sectionType":"section","heading":"Application of planning laws","content":"\t38 Application of planning laws\n\n(1) This section applies to a use or development of land that is authorised by or under this Act or the Agreement or a construction permit for the purposes of the Link Upgrade Project.\n\n(2) Nothing in a planning scheme under the **Planning and Environment Act 1987** that applies to the Link Upgrade area—\n\n(a) requires a permit under that Act for the use or development; or\n\n(b) prevents the use or development.\n\nNew s. 39 inserted by No. 81/2006 s. 72.\n\n","sortOrder":67},{"sectionNumber":"39","sectionType":"section","heading":"Approvals of public bodies not required","content":"\t39 Approvals of public bodies not required\n\nS. 39(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.18).\n\n(1) Subject to Division 7, but despite anything to the contrary in any other enactment or law, a permit, licence, consent, approval or other authority is not required from any person or body, other than the Head, Transport for Victoria (in accordance with the Agreement) or the Environment Protection Authority, for the carrying out of works for the purposes of the Link Upgrade Project.\n\n(2) Nothing in this section derogates from any requirement relating to standards of construction and safety that may apply under any other Act, including—\n\n(a) the **Occupational Health and Safety Act 2004**; and\n\nS. 39(2)(b) substituted by No. 22/2013 s. 62, repealed by No. 41/2019 s. 117(Sch. 1 item 9.2).\n\nS. 39(2)(ba) inserted by No. 22/2013 s. 62.\n\n(ba) the Rail Safety National Law (Victoria); and\n\n(c) section 99A of the **Road Safety Act 1986**.\n\nNew s. 40 inserted by No. 81/2006 s. 72.\n\n","sortOrder":68},{"sectionNumber":"40","sectionType":"section","heading":"Application of Building Act 1993","content":"\t40 Application of Building Act 1993\n\nThe **Building Act 1993** does not apply to or in relation to land for which a construction permit has been issued or to anything done on that land.\n\nNew s. 41 inserted by No. 81/2006 s. 72.\n\n","sortOrder":69},{"sectionNumber":"41","sectionType":"section","heading":"Application of mineral resources and extractive industry Acts","content":"\t41 Application of mineral resources and extractive industry Acts\n\n(1) The **Mineral Resources (Sustainable Development) Act 1990** does not apply to or in relation to land for which a construction permit has been issued or to anything done on that land.\n\nS. 41(2) repealed by No. 6/2009 s. 53(2).\n\nNew s. 42 inserted by No. 81/2006 s. 72.\n\n","sortOrder":70},{"sectionNumber":"42","sectionType":"section","heading":"Application of South Melbourne Land Act 1986","content":"\t42 Application of South Melbourne Land Act 1986\n\nThe **South Melbourne Land Act 1986** does not apply to or in relation to land for which a construction permit has been issued or to anything done on that land.\n\nS. 43 (Heading) amended by No. 7/2017 s. 303(1).\n\nNew s. 43 inserted by No. 81/2006 s. 72.\n\n","sortOrder":71},{"sectionNumber":"43","sectionType":"section","heading":"Application of Heritage Act 2017","content":"\t43 Application of Heritage Act 2017\n\nS. 43(1) amended by No. 7/2017 s. 303(2).\n\n(1) The Minister administering the **Heritage Act 2017**, by Order published in the Government Gazette, may exempt any registered building or registered land or other building or any part of the Link Upgrade area from the operation of that Act.\n\nS. 43(2) amended by No. 7/2017 s. 303(3).\n\n(2) On the making of an Order under subsection (1), the **Heritage Act 2017** ceases to apply to the building or land in respect of which the Order is made and any registered building or registered land ceases to be registered under that Act.\n\n(3) An Order under subsection (1) may be made subject to any conditions specified in the Order including—\n\nS. 43(3)(a) amended by No. 7/2017 s. 303(4).\n\n(a) a condition requiring specified things to be done to the satisfaction of the Minister administering the **Heritage Act 2017**; and\n\n(b) a condition providing that any use or development of land is conditional on an agreement being entered into with that Minister.\n\n(4) Any person who fails to comply with a condition of any Order or an agreement made under an Order is guilty of an offence and liable to a penalty not exceeding 1500 penalty units or 2 years imprisonment.\n\nS. 43(5) amended by No. 7/2017 s. 303(5).\n\n(5) The Minister administering the **Heritage Act 2017** may revoke or amend an Order made under subsection (1).\n\n(6) On the revocation of an Order made under subsection (1)—\n\nS. 43(6)(a) amended by No. 7/2017 s. 303(6).\n\n(a) the **Heritage Act 2017** again applies to any building or land affected by the Order; and\n\n(b) in the case of a building or land affected by the Order that was previously registered under that Act, that Act applies as if that building or land had not been registered.\n\nPt 2B Div. 6 (Heading and new ss 44, 45) inserted by No. 81/2006 s. 72, repealed by No. 8/2019 s. 115.\n\nDivision 7—Interface with Utilities\n\n","sortOrder":72},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Introduction","content":"Subdivision 1—Introduction\n\nNew s. 46 inserted by No. 81/2006 s. 72.\n\n","sortOrder":73},{"sectionNumber":"46","sectionType":"section","heading":"Certain powers of Utilities not affected","content":"\t46 Certain powers of Utilities not affected\n\nNothing in this Part affects any power of a Utility—\n\n(a) to respond to and deal with an emergency; or\n\n(b) to use a vehicle on any road in the Link Upgrade area.\n\n","sortOrder":74},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Consent of Link corporation","content":"Subdivision 2—Consent of Link corporation\n\nNew s. 47 inserted by No. 81/2006 s. 72.\n\n","sortOrder":75},{"sectionNumber":"47","sectionType":"section","heading":"Utility to obtain consent of Link corporation","content":"\t47 Utility to obtain consent of Link corporation\n\n(1) A Utility must obtain the written consent of the Link corporation before carrying out or causing the carrying out of works on Utility infrastructure, or for the construction of new Utility infrastructure, in, on, over or under land in the Link Upgrade construction area.\n\n(2) The Link corporation must not unreasonably delay or refuse its consent under this section.\n\n(3) A consent under this section may be granted on such reasonable conditions as the Link corporation thinks fit.\n\n(4) This section does not apply to Utility infrastructure if—\n\n(a) an approved Utility agreement provides for access by the Utility to the Link Upgrade construction area to carry out works in relation to that Utility infrastructure; or\n\n(b) the work is being carried out under a determination made under Subdivision 7.\n\n(5) This section applies in addition to the requirements of and despite anything to the contrary in any other Act or law.\n\nNew s. 48 inserted by No. 81/2006 s. 72.\n\n","sortOrder":76},{"sectionNumber":"48","sectionType":"section","heading":"Utility may refer matter to Ministers for determination","content":"\t48 Utility may refer matter to Ministers for determination\n\nA Utility may refer the matter to the Minister and the Utility Minister for determination under Subdivision 7 if—\n\n(a) the Link corporation refuses or unreasonably delays giving its consent under section 47; or\n\n(b) the Utility objects to any condition imposed by the Link corporation on that consent.\n\n","sortOrder":77},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Agreements between Link corporation and Utility","content":"Subdivision 3—Agreements between Link corporation and Utility\n\nNew s. 49 inserted by No. 81/2006 s. 72.\n\n","sortOrder":78},{"sectionNumber":"49","sectionType":"section","heading":"Agreements in relation to Link Upgrade construction area","content":"\t49 Agreements in relation to Link Upgrade construction area\n\n(1) The Link corporation may enter into an agreement with a Utility under this Subdivision in relation to Utility infrastructure or any works affecting Utility infrastructure constructed or to be constructed in, on, over or under the Link Upgrade construction area.\n\n(2) Nothing in this section prevents any additional person from being a party to a Utility agreement.\n\nNew s. 50 inserted by No. 81/2006 s. 72.\n\n","sortOrder":79},{"sectionNumber":"50","sectionType":"section","heading":"What can a Utility agreement provide for?","content":"\t50 What can a Utility agreement provide for?\n\n(1) A Utility agreement may only provide for the following matters—\n\n(a) the means of minimising disruption to the Utility infrastructure and the services provided by the Utility infrastructure;\n\n(b) the respective rights of the Link corporation and the Utility to have access to the Utility infrastructure;\n\n(c) the respective rights of the Link corporation and the Utility to carry out works affecting the Utility infrastructure;\n\n(d) the relocation and rectification of Utility infrastructure;\n\n(e) the standards (including safety, operational and accreditation standards) that are to apply to the relocation or rectification of Utility infrastructure;\n\n(f) the costs of any relocation or rectification of the Utility infrastructure and how those costs are to be apportioned between the Link corporation and the Utility;\n\n(g) the certification by the Utility of works affecting Utility infrastructure;\n\n(h) the compensation to be paid for—\n\n(i) any disruption to the functions performed by the Utility; or\n\n(ii) any disruption to the functions or obligations of the Link corporation; or\n\n(iii) any pecuniary loss sustained or any expense incurred by the Utility as a direct, natural and reasonable consequence of the issue of the construction permit under Division 4.\n\n(2) An agreement that provides for any other matter is not a Utility agreement for the purposes of this Subdivision.\n\nNew s. 51 inserted by No. 81/2006 s. 72.\n\n","sortOrder":80},{"sectionNumber":"51","sectionType":"section","heading":"Requirements for Utility agreements","content":"\t51 Requirements for Utility agreements\n\n(1) A Utility agreement must be in writing.\n\n(2) A Utility agreement must not be inconsistent with—\n\n(3) A Utility agreement that does not comply with subsection (2) is of no effect to the extent of the inconsistency.\n\n(4) If a Utility agreement provides for standards in relation to a matter in accordance with section 50(1)(e), those standards are to apply in relation to that matter despite anything to the contrary in any other Act or law, once the Utility agreement takes effect.\n\nS. 52 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 28.19).\n\nNew s. 52 inserted by No. 81/2006 s. 72, amended by No. 49/2019 s. 186(Sch. 4 item 28.20).\n\n","sortOrder":81},{"sectionNumber":"52","sectionType":"section","heading":"Utility agreements must be approved by the Head, Transport for Victoria","content":"\t52 Utility agreements must be approved by the Head, Transport for Victoria\n\nA Utility agreement is of no effect unless it is approved by the Head, Transport for Victoria.\n\nNew s. 53 inserted by No. 81/2006 s. 72.\n\n","sortOrder":82},{"sectionNumber":"53","sectionType":"section","heading":"Utility agreement may be amended","content":"\t53 Utility agreement may be amended\n\n(1) An approved Utility agreement may be amended by agreement between the Link corporation and the Utility.\n\nS. 53(2) amended by No. 49/2019 s. 186(Sch. 4 item 28.21).\n\n(2) An amendment of an approved Utility agreement is of no effect unless it is approved by the Head, Transport for Victoria.\n\n(3) In this section, ***amended*** includes varied, added to, substituted, cancelled or revoked.\n\n","sortOrder":83},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Notified Utility infrastructure","content":"Subdivision 4—Notified Utility infrastructure\n\nNew s. 54 inserted by No. 81/2006 s. 72.\n\n","sortOrder":84},{"sectionNumber":"54","sectionType":"section","heading":"Duty to identify Utility infrastructure","content":"\t54 Duty to identify Utility infrastructure\n\nBefore Link Upgrade construction work commences on land in the Link Upgrade construction area, the Link corporation must take all reasonable steps to identify all Utility infrastructure in, on, over or under that land that may be affected by the Link Upgrade construction work.\n\nNew s. 55 inserted by No. 81/2006 s. 72.\n\n","sortOrder":85},{"sectionNumber":"55","sectionType":"section","heading":"Link corporation to give notice","content":"\t55 Link corporation to give notice\n\n(1) Before Link Upgrade construction work commences on land in the Link Upgrade construction area, the Link corporation must give notice of the proposed Link Upgrade construction work in accordance with this section.\n\n(2) The notice must—\n\n(a) be published in the Government Gazette; and\n\n(b) be given in writing to each Utility that the Link corporation is aware owns or operates Utility infrastructure in the Link Upgrade construction area.\n\n(3) The notice must require Utilities with Utility infrastructure in the Link Upgrade construction area to notify the Link corporation in writing within 30 business days after the publication or giving of the notice (whichever is the later)—\n\n(a) setting out the nature and location of the Utility infrastructure; and\n\n(b) stating whether or not the Utility believes that the Utility infrastructure will be affected by the Link Upgrade construction work.\n\n(4) The Link corporation is not required to give a notice to a Utility under subsection (2)(b) in relation to particular Utility infrastructure if an approved Utility agreement exists with that Utility in relation to that Utility infrastructure.\n\nNew s. 56 inserted by No. 81/2006 s. 72.\n\n","sortOrder":86},{"sectionNumber":"56","sectionType":"section","heading":"Duty of Utility to give notice","content":"\t56 Duty of Utility to give notice\n\nA Utility must, within the time required in the notice given under section 55, give notice in writing to the Link corporation—\n\n(a) setting out the nature and location of the Utility infrastructure of the Utility in the Link Upgrade construction area; and\n\n(b) stating whether or not the Utility believes that the Utility infrastructure will be affected by the Link Upgrade construction work.\n\nS. 56A (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 28.22).\n\nS. 56A inserted by No. 81/2006 s. 72.\n\n","sortOrder":87},{"sectionNumber":"56A","sectionType":"section","heading":"Copies of notices to be given to the Head, Transport for Victoria","content":"\t56A Copies of notices to be given to the Head, Transport for Victoria\n\nS. 56A(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.23).\n\n(1) The Link corporation must give the Head, Transport for Victoria a copy of each notice given under section 55 as soon as practicable and not more than 7 days after the notice is given.\n\nS. 56A(2) amended by No. 49/2019 s. 186(Sch. 4 item 28.23).\n\n(2) The Link corporation must give the Head, Transport for Victoria a copy of each notice received by the Link corporation under section 56 as soon as practicable and not more than 7 days after receiving that notice.\n\nS. 56B inserted by No. 81/2006 s. 72.\n\n","sortOrder":88},{"sectionNumber":"56B","sectionType":"section","heading":"Link corporation to consult and seek agreement","content":"\t56B Link corporation to consult and seek agreement\n\n(1) After complying with section 55 and before Link Upgrade construction work commences on land in the Link Upgrade construction area, the Link corporation must consult with any Utility that the Link corporation is aware owns or operates Utility infrastructure in the Link Upgrade construction area that may be affected by the Link Upgrade construction work.\n\n(2) In consulting under subsection (1), the Link corporation and the Utility must make all reasonable efforts to reach agreement in accordance with Subdivision 3.\n\n(3) This section does not apply to Utility infrastructure if the Link corporation has already reached an agreement with the Utility under Subdivision 3 in respect of that Utility infrastructure.\n\nS. 56C inserted by No. 81/2006 s. 72.\n\n","sortOrder":89},{"sectionNumber":"56C","sectionType":"section","heading":"Referral to Ministers for determination if no agreement","content":"\t56C Referral to Ministers for determination if no agreement\n\nIf an agreement has not been reached with a Utility under Subdivision 3 within 50 business days after the Utility gives notice to the Link corporation under section 56, the Link corporation may refer the matters under negotiation to the Minister and the Utility Minister for determination under Subdivision 7.\n\nS. 56D inserted by No. 81/2006 s. 72.\n\n","sortOrder":90},{"sectionNumber":"56D","sectionType":"section","heading":"Power of Minister to direct Utility","content":"\t56D Power of Minister to direct Utility\n\n(1) The Minister, after consultation with the Utility Minister, may direct a Utility to carry out works in the Link Upgrade construction area.\n\n(2) The Minister may only give a direction under subsection (1) if it is necessary to implement the matters provided for in an approved Utility agreement or a determination under Subdivision 7.\n\n(3) Without limiting subsection (1), a direction under this section may specify a period within which works required under the approved Utility agreement or determination must be performed even if this is a different period from any period provided for in the approved Utility agreement or determination.\n\nS. 56E inserted by No. 81/2006 s. 72.\n\n","sortOrder":91},{"sectionNumber":"56E","sectionType":"section","heading":"Direction to Link corporation","content":"\t56E Direction to Link corporation\n\n(1) The Link corporation may apply to the Minister for a direction under this section if—\n\n(a) a Utility has not completed the works required by a direction under section 56D within the period specified in the direction; or\n\n(b) the Link corporation believes on reasonable grounds that the works required by a direction under section 56D will not be completed within the period specified in the direction.\n\n(2) On an application under this section, the Minister, after consultation with the Utility Minister, may direct the Link corporation to carry out or complete the works required by the relevant direction under section 56D.\n\n(3) Without limiting subsection (2), a direction under this section may specify a period within which the works must be performed even if this is a different period from any period provided for in the approved Utility agreement or determination or the relevant direction under section 56D.\n\n(4) If the Link corporation complies under a direction under this section with a requirement imposed on a Utility or any other person, the Utility or other person is not required to comply with that requirement.\n\nS. 56F inserted by No. 81/2006 s. 72.\n\n","sortOrder":92},{"sectionNumber":"56F","sectionType":"section","heading":"Requirements for directions","content":"\t56F Requirements for directions\n\n(1) A direction under section 56D or 56E must be in writing.\n\n(2) A direction must not cause unreasonable delay or add unreasonable cost to the Link Upgrade Project.\n\n(3) Subject to this section, a direction must not be inconsistent with—\n\nS. 56G inserted by No. 81/2006 s. 72.\n\n","sortOrder":93},{"sectionNumber":"56G","sectionType":"section","heading":"Direction to prevail over requirement to consent","content":"\t56G Direction to prevail over requirement to consent\n\n(1) A direction under section 56D or 56E prevails over any provision of any other Act or law that requires the Utility to consent to the carrying out of the work that is subject to the direction.\n\n(2) If a direction provides for compliance with a standard in relation to a matter, that standard applies in relation to that matter despite anything to the contrary in any other Act or law.\n\n","sortOrder":94},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Unnotified Utility infrastructure","content":"Subdivision 5—Unnotified Utility infrastructure\n\nS. 56H inserted by No. 81/2006 s. 72.\n\n","sortOrder":95},{"sectionNumber":"56H","sectionType":"section","heading":"Duties of Link corporation","content":"\t56H Duties of Link corporation\n\nIf the Link corporation or the holder of a construction permit discovers unnotified Utility infrastructure while Link Upgrade construction work is being carried out, the Link corporation must—\n\n(a) take all reasonable steps to identify the Utility that owns or operates that Utility infrastructure; and\n\n(b) give notice of the Utility infrastructure to—\n\n(i) the Road Corporation; and\n\n(ii) the relevant Utility Minister.\n\nS. 56I inserted by No. 81/2006 s. 72.\n\n","sortOrder":96},{"sectionNumber":"56I","sectionType":"section","heading":"Link corporation to give notice","content":"\t56I Link corporation to give notice\n\n(1) If the Link corporation has identified the Utility that owns or operates unnotified Utility infrastructure, the Link corporation must give the Utility notice of the Link Upgrade construction work in accordance with this section.\n\n(2) The notice must—\n\n(a) be in writing; and\n\n(b) request the Utility to advise the Link corporation within 2 business days as to whether the Utility infrastructure is still operational or, if it is not operational, whether it is redundant; and\n\n(c) request the Utility within 2 business days—\n\n(i) to agree to authorise the Link corporation to remove the Utility infrastructure, if it is redundant; or\n\n(ii) to agree to the relocation of the Utility infrastructure; or\n\n(iii) to request the Link corporation to preserve the Utility infrastructure and agree to pay any costs incurred by the Link corporation as a result of any delay caused by preserving that infrastructure.\n\nS. 56J inserted by No. 81/2006 s. 72.\n\n","sortOrder":97},{"sectionNumber":"56J","sectionType":"section","heading":"Utility agreement may be entered into","content":"\t56J Utility agreement may be entered into\n\nThe Link corporation and the Utility may enter into an agreement under Subdivision 3 with respect to any matter referred to in section 56I(2)(c).\n\nS. 56K inserted by No. 81/2006 s. 72, amended by No. 49/2019 s. 186(Sch. 4 item 28.24).\n\n","sortOrder":98},{"sectionNumber":"56K","sectionType":"section","heading":"Notice to Minister if Utility cannot be found or fails to respond","content":"\t56K Notice to Minister if Utility cannot be found or fails to respond\n\nThe Link corporation may notify the Minister and the Head, Transport for Victoria if—\n\n(a) a Utility fails to comply with a request under section 56I within 2 business days after being given a notice under that section; or\n\n(b) the Link corporation is unable to identify the Utility that owns or operates unnotified Utility infrastructure within 2 business days after the discovery of the infrastructure.\n\nS. 56L inserted by No. 81/2006 s. 72.\n\n","sortOrder":99},{"sectionNumber":"56L","sectionType":"section","heading":"Minister may direct Utility to carry out works","content":"\t56L Minister may direct Utility to carry out works\n\n(1) The Minister, after consultation with the Utility Minister, may direct a Utility that is given notice under section 56I to carry out works in the Link Upgrade construction area.\n\n(2) The Minister must give a direction under subsection (1) if it is necessary to give effect to—\n\n(a) the Agreement; or\n\n(b) the Integration and Facilitation Agreement; or\n\n(c) the Exhibition Street Extension Agreement.\n\n(3) This section does not apply to the carrying out of works if an approved Utility agreement exists in respect of those works.\n\n(4) A direction under this section may specify—\n\n(a) the manner in which and the standard to which the direction must be complied with; and\n\n(b) the period (being not less than 28 days) within which the direction must be complied with.\n\n(5) If a direction under this section provides for compliance with a standard in relation to a matter that standard is to apply in relation to that matter despite anything to the contrary in any other Act or law.\n\nS. 56M inserted by No. 81/2006 s. 72.\n\n","sortOrder":100},{"sectionNumber":"56M","sectionType":"section","heading":"Direction to Link corporation after notice to Minister","content":"\t56M Direction to Link corporation after notice to Minister\n\n(1) The Minister, after consultation with the Utility Minister, may give a direction under this section if—\n\n(a) the Link corporation has given the Minister notice under section 56K; and\n\n(b) the Minister considers that a delay in relocating or reinstating the Utility infrastructure—\n\n(i) would be contrary to the public interest; or\n\n(ii) would, in all the circumstances, be unreasonable.\n\n(2) A direction under subsection (1)—\n\n(a) may direct the Link corporation to relocate, rectify or otherwise deal with the Utility infrastructure; and\n\n(b) may direct the Link corporation to comply with specified standards (including safety, operational and accreditation standards) that are to apply to the relocation or rectification of the Utility infrastructure; and\n\n(c) may direct the Link corporation to comply with any safety or technical requirements imposed by law in respect of the carrying out of the required works (including any requirements imposed on the Utility or any other person specified in the direction in respect of those works) that are not inconsistent with—\n\n(i) the Agreement; or\n\n(ii) the Integration and Facilitation Agreement; or\n\n(iii) the Exhibition Street Extension Agreement; and\n\n(d) must direct the Link corporation to take reasonable care and take all reasonable steps to minimise damage to the Utility infrastructure and disruption to the infrastructure services.\n\n(3) If a direction directs the Link corporation, under subsection (2)(b), to comply with specified standards in relation to a matter, those standards are to apply in relation to that matter despite anything to the contrary in any other Act or law.\n\nS. 56N inserted by No. 81/2006 s. 72.\n\n","sortOrder":101},{"sectionNumber":"56N","sectionType":"section","heading":"Direction to Link corporation after application to Minister","content":"\t56N Direction to Link corporation after application to Minister\n\n(1) The Link corporation may apply to the Minister for a direction under this section if—\n\n(a) a Utility has not completed the works required by a direction under section 56L within the period specified in the direction; or\n\n(b) the Link corporation believes on reasonable grounds that the works required by a direction under section 56L will not be completed within the period specified in the direction.\n\n(2) On an application under this section, the Minister, after consultation with the Utility Minister, may direct the Link corporation to carry out or complete the works required by the relevant direction under section 56L.\n\n(3) Without limiting subsection (2), a direction under this section may specify a period within which the works must be performed even if this is a different period from any period provided for in the relevant direction under section 56L.\n\n(4) If the Link corporation complies under a direction under this section with a requirement imposed on a Utility or any other person, the Utility or other person is not required to comply with that requirement.\n\nS. 56O inserted by No. 81/2006 s. 72.\n\n","sortOrder":102},{"sectionNumber":"56O","sectionType":"section","heading":"Requirements for directions","content":"\t56O Requirements for directions\n\n(1) A direction under section 56L, 56M or 56N must be in writing.\n\n(2) The Minister must ensure that a direction under section 56L, 56M or 56N does not cause unreasonable delay or add unreasonable cost to the Link Upgrade Project.\n\n(3) Subject to this section, a direction under section 56L, 56M or 56N must not be inconsistent with—\n\nS. 56P inserted by No. 81/2006 s. 72.\n\n","sortOrder":103},{"sectionNumber":"56P","sectionType":"section","heading":"Direction to prevail over requirement to consent","content":"\t56P Direction to prevail over requirement to consent\n\nA direction under section 56M or 56N prevails over any provision of any other Act that requires the Utility to consent to the carrying out of the work that is subject to the direction.\n\n","sortOrder":104},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Liability for costs","content":"Subdivision 6—Liability for costs\n\nS. 56Q inserted by No. 81/2006 s. 72.\n\n","sortOrder":105},{"sectionNumber":"56Q","sectionType":"section","heading":"Link corporation to be liable for certain relocation and rectification costs","content":"\t56Q Link corporation to be liable for certain relocation and rectification costs\n\nSubject to this Subdivision, the Link corporation is liable to pay the fair and reasonable costs of relocating or rectifying any Utility infrastructure that is affected by the Link Upgrade construction work.\n\nS. 56R inserted by No. 81/2006 s. 72.\n\n","sortOrder":106},{"sectionNumber":"56R","sectionType":"section","heading":"Standard to apply to relocation or rectification","content":"\t56R Standard to apply to relocation or rectification\n\n(1) For the purposes of section 56Q, the standard applied to the relocation or rectification must result in the Utility infrastructure having the same or a similar technical capability and having at least the same remaining life as it had before it was affected.\n\n(2) If new Utility infrastructure is required to meet the standard referred to in subsection (1), the Link corporation is liable for the cost of that new infrastructure.\n\nS. 56S inserted by No. 81/2006 s. 72.\n\n","sortOrder":107},{"sectionNumber":"56S","sectionType":"section","heading":"Utility liable for differential if it requests upgrade","content":"\t56S Utility liable for differential if it requests upgrade\n\nIf a Utility requests that a higher standard than the standard required by section 56R should apply to the relocation or rectification of Utility infrastructure, the Utility is liable to pay the difference in cost between the lower and higher standard.\n\nS. 56T inserted by No. 81/2006 s. 72.\n\n","sortOrder":108},{"sectionNumber":"56T","sectionType":"section","heading":"Utility liable for delay costs","content":"\t56T Utility liable for delay costs\n\n(1) If the failure of a Utility to notify the Link corporation of Utility infrastructure caused the Link corporation to incur costs as a result of a delay in carrying out Link Upgrade construction work, the Utility is liable to pay those costs to the Link corporation.\n\n(2) A Utility is liable for costs under this section on the basis that the Link corporation makes all reasonable efforts to mitigate its loss.\n\n(3) If the Link corporation does not make all reasonable efforts to mitigate its loss, the Utility is only liable for the costs that would have been incurred if the Link corporation had made all reasonable efforts to mitigate its loss.\n\nS. 56U inserted by No. 81/2006 s. 72.\n\n","sortOrder":109},{"sectionNumber":"56U","sectionType":"section","heading":"Limitation of liability","content":"\t56U Limitation of liability\n\nExcept as provided in this Division, the Link corporation is not liable to pay damages or other compensation to the Utility or any other person as a result of any effect of the Link Upgrade Project on—\n\n(a) the Utility infrastructure of the Utility; or\n\n(b) the provision of infrastructure services by the Utility using Utility infrastructure.\n\nS. 56V inserted by No. 81/2006 s. 72.\n\n","sortOrder":110},{"sectionNumber":"56V","sectionType":"section","heading":"Dispute as to cost of relocation or rectification","content":"\t56V Dispute as to cost of relocation or rectification\n\n(1) If a dispute arises between the Link corporation and a Utility as to the cost of relocation or rectification of Utility infrastructure, the Link corporation or the Utility may refer the matter to the Minister and the Utility Minister for determination under Subdivision 7.\n\nS. 56V(2) amended by No. 49/2019 s. 186(Sch. 4 item 28.25).\n\n(2) The person referring the matter for determination must notify the Head, Transport for Victoria of that referral.\n\nS. 56W inserted by No. 81/2006 s. 72.\n\n","sortOrder":111},{"sectionNumber":"56W","sectionType":"section","heading":"Certification of work","content":"\t56W Certification of work\n\n(1) On completion by the Link corporation of any work of relocation or rectification of Utility infrastructure under Subdivision 5, the Utility must assess the work and—\n\n(a) if it is satisfied that the work is satisfactory and complete, certify that fact to the Link corporation; or\n\n(b) if it is not satisfied that the work is satisfactory or complete, notify the Link corporation that more work is required.\n\n(2) The notice under subsection (1)(b) must specify as clearly as possible the work that is required.\n\n(3) If the Utility does not give a certificate or notice under subsection (1) within 14 days after the Link corporation notifies it of the completion of the work, the Utility is deemed to be satisfied with the work.\n\n(4) If the Utility gives a notice under subsection (1)(b), the Link corporation must complete the further work required in the notice within the period of 30 days after receipt of the notice or any longer period specified in the notice.\n\n(5) This section does not apply if the Link corporation is unable to identify the Utility that owns or operates the Utility infrastructure.\n\nS. 56X inserted by No. 81/2006 s. 72.\n\n","sortOrder":112},{"sectionNumber":"56X","sectionType":"section","heading":"Referral of matters by Utilities to Ministers for determination","content":"\t56X Referral of matters by Utilities to Ministers for determination\n\nThe Utility may refer the matter to the Minister and the Utility Minister for determination under Subdivision 7 if the Link corporation does not complete the further work to the Utility's satisfaction within the specified time under section 56W.\n\nS. 56Y inserted by No. 81/2006 s. 72.\n\n","sortOrder":113},{"sectionNumber":"56Y","sectionType":"section","heading":"Referral of matters by Link corporation to Ministers for determination","content":"\t56Y Referral of matters by Link corporation to Ministers for determination\n\nThe Link corporation may refer the matter to the Minister and the Utility Minister for determination under Subdivision 7 if the Utility refuses to certify the work on the completion of the further work under section 56W or unreasonably delays giving that certification.\n\nS. 56Z inserted by No. 81/2006 s. 72.\n\n","sortOrder":114},{"sectionNumber":"56Z","sectionType":"section","heading":"Link corporation no longer liable if work satisfactory","content":"\t56Z Link corporation no longer liable if work satisfactory\n\nThe Link corporation ceases to be liable to carry out any further work in respect of a specific work of relocation or rectification if—\n\n(a) a certificate is given under section 56W in respect of the work; or\n\n(b) the work is deemed under that section to be satisfactory; or\n\n(c) the work is determined under Subdivision 7 to be satisfactory.\n\n","sortOrder":115},{"sectionNumber":"Subdiv 7","sectionType":"subdivision","heading":"Dispute resolution","content":"Subdivision 7—Dispute resolution\n\nS. 56ZA inserted by No. 81/2006 s. 72.\n\n\t56ZA Who can determine matters referred to the Ministers?\n\nOn the referral of a matter to them under this Division, the Minister and the Utility Minister must—\n\n(a) determine the matter; or\n\n(b) appoint a person to determine the matter.\n\nS. 56ZB inserted by No. 81/2006 s. 72.\n\n\t56ZB What must be considered in determining a matter?\n\nIn determining a matter, the decision-maker—\n\n(a) must have regard to—\n\n(i) any submission (whether written or oral) of the Link corporation or the Utility; and\n\n(ii) in the case of a matter referred under section 56C, the public interest in minimising the disruption of the services provided by the Utility; and\n\n(b) may have regard to any other information or material that the decision-maker thinks fit.\n\nS. 56ZC inserted by No. 81/2006 s. 72.\n\n\t56ZC Requirements for determinations\n\n(1) A determination under this Subdivision must be in writing.\n\n(2) The decision-maker must ensure that the determination does not cause unreasonable delay or add unreasonable cost to the Link Upgrade Project.\n\n(3) Subject to this section, a determination must not be inconsistent with—\n\nS. 56ZD inserted by No. 81/2006 s. 72.\n\n\t56ZD Determination to prevail over inconsistent laws\n\nIf there is any inconsistency between a determination under this Subdivision and any other Act or law, the determination prevails to the extent of the inconsistency.\n\nDivision 8—Emergency orders\n\nS. 56ZE inserted by No. 81/2006 s. 72.\n\n\t56ZE Emergency orders\n\nS. 56ZE(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.26(a)).\n\n(1) The Head, Transport for Victoria may make an emergency order if the Head, Transport for Victoria is of the opinion that the order is necessary because of a danger to life or property arising out of the carrying out of works for the Link Upgrade Project on land in the Link Upgrade construction area.\n\n(2) An emergency order may require any person to do any one or more of the following things within a specified time or times—\n\n(a) to evacuate the land or any part of the land;\n\n(b) to stop the carrying out of works for the Link Upgrade Project on the land or any part of the land;\n\n(c) to carry out works to make any part of the Link Upgrade Project safe or to secure the land or any part of the land from access.\n\nS. 56ZE(3) amended by No. 49/2019 s. 186(Sch. 4 item 28.26(b)).\n\n(3) An emergency order must be in writing and may include any conditions that the Head, Transport for Victoria thinks fit.\n\nS. 56ZF inserted by No. 81/2006 s. 72, amended by No. 49/2019 s. 186(Sch. 4 item 28.27).\n\n\t56ZF Service of emergency order\n\nThe Head, Transport for Victoria must cause an emergency order under section 56ZE to be served on—\n\n(a) the Link corporation; and\n\n(b) the Minister; and\n\n(c) any person to whom it is directed—\n\nwithout delay after it is made.\n\nS. 56ZG inserted by No. 81/2006 s. 72.\n\n\t56ZG Period of operation of emergency order\n\nAn emergency order remains in force until—\n\n(a) it is complied with; or\n\nS. 56ZG(b) amended by No. 49/2019 s. 186(Sch. 4 item 28.28).\n\n(b) it is cancelled in writing by the Head, Transport for Victoria.\n\nS. 56ZH inserted by No. 81/2006 s. 72.\n\n\t56ZH Offence to fail to comply with emergency order\n\n(1) A person to whom an emergency order is directed under this Division must comply with the emergency order.\n\n1. 60 penalty units in the case of a natural person;\n\n300 penalty units in the case of a corporation.\n\n(2) It is a defence to a prosecution of a person for an offence under this section if—\n\n(a) the person took all reasonable steps to comply with the emergency order; or\n\n(b) the person had a reasonable excuse for failing to comply with the emergency order.\n\nS. 56ZI inserted by No. 81/2006 s. 72, amended by Nos 37/2014 s. 10(Sch. item 111.2), 49/2019 s. 186(Sch. 4 item 28.29).\n\n\t56ZI Request for police assistance\n\nThe Head, Transport for Victoria may request the assistance of a police officer to evacuate an area that is subject to an emergency order.\n\nDivision 9—Actions by public bodies\n\nS. 56ZJ inserted by No. 81/2006 s. 72.\n\n\t56ZJ Bodies may be required to act\n\n(1) The Governor in Council, by Order published in the Government Gazette, may require a Department Head (within the meaning of the **Public Administration Act 2004**), a public statutory authority or a Council—\n\n(a) to carry out their functions in relation to the Link Upgrade area or anything done or to be done in the Link Upgrade area; and\n\n(b) to carry out those functions within a period specified in the Order.\n\n(2) The Department Head, authority or Council must comply with the requirement.\n\n(3) A requirement made under subsection (1) cannot vary a time or time limit prescribed by or under an Act.\n\nDivision 10—Revocation of reservation and interim operation\n\nS. 56ZK inserted by No. 81/2006 s. 72.\n\n\t56ZK Revocation of reservation on termination of licence\n\nS. 56ZK(1) amended by No. 28/2009 s. 88.\n\n(1) The Minister, after consultation with the Minister administering the **Crown Land (Reserves) Act 1978**, may recommend to the Governor in Council that the temporary reservation of land that was licensed under Division 3 be revoked on the termination of the licence as to that land.\n\n(2) After receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the reservation of the land.\n\n(3) An Order under subsection (2) has effect on the day that it is published in the Government Gazette.\n\n(4) On an Order under subsection (2) taking effect—\n\n(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) if any part of the land is or is being used as a road—\n\n(i) that part of the land ceases to be a road; and\n\n(ii) all rights, easements and privileges existing or claimed in that part of the 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\n\n(c) if any part of the land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the 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\n\nS. 56ZK(4)(d) amended by No. 49/2019 s. 186(Sch. 4 item 28.30).\n\n(d) the appointment of the Head, Transport for Victoria as committee of management is revoked to the extent that it applies to the land.\n\n(5) Nothing in subsection (4) affects or extinguishes any right or interest created by operation of—\n\n(a) the Agreement; or\n\n(b) the Integration and Facilitation Agreement; or\n\n(c) the Exhibition Street Extension Agreement.\n\nS. 56ZL inserted by No. 81/2006 s. 72.\n\n\t56ZL Interim operation\n\n(1) Subject to this section, if a temporary reservation of land is revoked under section 56ZK—\n\n(a) this Act applies to that land as if any reference in this Act to leased land or land leased under section 60 included a reference to that land; and\n\n(b) section 62 applies to that land as if any reference in that section to the grant of a lease under section 60 were a reference to the revocation under section 56ZK of the reservation in respect of that land.\n\n(2) The Minister may by Order published in the Government Gazette declare that this section no longer applies to that land.\n\nS. 56ZL(3) amended by No. 49/2019 s. 186(Sch. 4 item 28.31).\n\n(3) An Order under subsection (2) may direct that the land be vested in the Head, Transport for Victoria.\n\n(4) On the publication of an Order under subsection (2) in relation to land—\n\nS. 56ZL(4)(a) amended by No. 49/2019 s. 186(Sch. 4 item 28.31).\n\n(a) if the Order so directs, the land vests in fee simple in the Head, Transport for Victoria; and\n\n(b) this section ceases to apply to the land.\n\n(5) Unless it has already ceased to apply under subsection (4), this section ceases to apply to land on the grant of a lease of that land under section 60.\n\nPt 2C (Headings and ss 56ZM–56ZP) inserted by No. 70/2016 s. 42.\n\nPart 2C—City Link Tullamarine Widening Project\n\nDivision 1—Preliminary\n\nS. 56ZM inserted by No. 70/2016 s. 42.\n\n\t56ZM Definitions\n\nIn this Part—\n\n***Landata*** means the integrated computerised information retrieval and property enquiry service in respect of Victorian land, its ownership and use;\n\n***project land*** means the land more or less delineated within—\n\n(a) parcel number 1, 2, 3 and 4 on the Roads Corporation survey plan numbered SP23313 as in force from time to time; and\n\n(b) parcel number 1 on the Roads Corporation survey plan numbered SP23365 as in force from time to time; and\n\n(c) parcel number 20 and 21 on the Roads Corporation survey plan numbered SP23366 as in force from time to time; and\n\n(d) parcel number 2 and 4 on the Roads Corporation survey plan numbered SP23367 as in force from time to time; and\n\n(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\n\n(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;\n\n***project licence*** means any licence in accordance with clause 4C.2 of the Agreement granted under—\n\n(a) section 17B of the **Crown Land (Reserves) Act 1978**; or\n\n(b) section 138 of the **Land Act 1958**; or\n\n(c) clause 9 of Schedule 5 to the **Road Management Act 2004**.\n\nS. 56ZN inserted by No. 70/2016 s. 42.\n\n\t56ZN Plans of project land and project licence must be available for inspection\n\nS. 56ZN(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.32).\n\n(1) The Head, Transport for Victoria must cause the following plans to be available for inspection on the Internet website for Landata—\n\n(a) the Roads Corporation survey plan numbered SP23313;\n\n(b) the Roads Corporation survey plan numbered SP23365;\n\n(c) the Roads Corporation survey plan numbered SP23366;\n\n(d) the Roads Corporation survey plan numbered SP23367;\n\n(e) the Roads Corporation survey plan numbered SP23368;\n\n(f) the Roads Corporation survey plan numbered SP23369.\n\nS. 56ZN(2) amended by No. 49/2019 s. 186(Sch. 4 item 28.33).\n\n(2) The Head, Transport for Victoria must keep a copy of the project licence at its offices for any person to inspect during office hours free of charge.\n\nDivision 2—Revocation of reservation on  \nexpiry of project licence\n\nS. 56ZO inserted by No. 70/2016 s. 42.\n\n\t56ZO Revocation of reservation on expiry of project licence\n\n(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.\n\n(2) The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied—\n\n(a) that the project licence has expired;  \nand\n\n(b) that the project land is unalienated Crown land; and\n\n(c) that, on the making of an Order under subsection (3), the project land will be unreserved Crown land.\n\n(3) After receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the reservation of the part of the project land.\n\n(4) An Order under subsection (3) takes effect on the day that it is published in the Government Gazette.\n\n(5) On an Order under subsection (3) taking effect—\n\n(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\n\n(b) if any part of the project land is or is being used as a road—\n\n(i) that part of the project land ceases to be a road; and\n\n(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\n\n(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\n\nS. 56ZO(5)(d) amended by No. 49/2019 s. 186(Sch. 4 item 28.34).\n\n(d) the appointment of the Head, Transport for Victoria as committee of management is revoked to the extent that it applies to the project land.\n\n(6) Nothing in subsection (5) affects or extinguishes any right or interest created by operation of the Agreement.\n\nS. 56ZP inserted by No. 70/2016 s. 42.\n\n\t56ZP Interim operation\n\n(1) Subject to this section, if a temporary reservation of a part of the project land is revoked under section 56ZO—\n\n(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\n\n(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.\n\n(2) The Minister may by Order published in the Government Gazette declare that subsection (1) no longer applies to the project land.\n\nS. 56ZP(3) amended by No. 49/2019 s. 186(Sch. 4 item 28.35).\n\n(3) An Order under subsection (2) may direct that the project land be vested in the Head, Transport for Victoria.\n\n(4) On the publication of an Order under subsection (2) in relation to the project land—\n\nS. 56ZP(4)(a) amended by No. 49/2019 s. 186(Sch. 4 item 28.35).\n\n(a) if the Order so directs, the project land vests in fee simple in the Head, Transport for Victoria; and\n\n(b) subsection (1) ceases to apply to the project land.\n\n(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.\n\nPt 3 (Heading) substituted by No. 81/2006 s. 73.\n\n","sortOrder":116},{"sectionNumber":"Part 3","sectionType":"part","heading":"Leased land","content":"Part 3—Leased land\n\nPt 3 Div. 1 (Heading and ss 21–24) amended by Nos 102/1998 s. 6(1), 13/2002 s. 8, repealed by No. 81/2000 s. 9(1).\n\nPt 3 Div. 2 (Heading and ss 25–32) amended by Nos 21/1996 s. 5, 39/1997 ss 7, 8,  50/1998 ss 16, 17, 102/1998 s. 7, repealed by No. 81/2000 s. 9(2).\n\nPt 3 Div. 2A (Heading and ss 32A–32I) inserted by No. 21/1996 s. 6, amended by No. 109/1997 s. 533(Sch. 2 item 8), repealed by No. 81/2000 s. 9(3).\n\nPt 3 Div. 3 (Heading and ss 33–37) amended by Nos 21/1996 s. 7, 39/1997 s. 9(a)-(d),  50/1998 s. 18, repealed by No. 81/2000 s. 9(4).\n\nPt 3 Div. 4 (Heading and ss 38–43) amended by Nos 39/1997 s. 10(1)(2), 46/1998 s. 7(Sch. 1),  repealed  by No. 81/2000 s. 9(5).\n\nPt 3 Div. 5 (Heading and ss 44, 44A) amended by No. 39/1997 ss 10(3)(4), 11, repealed by No. 81/2000 s. 9(6).\n\nPt 3 Div. 6 (Heading and ss 45–51) repealed by No. 81/2000 s. 9(7).\n\nPt 3 Div. 7 (Heading and ss 52–54) repealed by No. 81/2000 s. 9(8).\n\nPt 3 Div. 8 (Heading) amended by No. 81/2000 s. 10(1).\n\nDivision 8—Powers over land\n\nS. 55 repealed by No. 81/2000 s. 10(2).\n\nS. 56 amended by No. 39/1997 s. 12(1), repealed by No. 81/2000 s. 10(2).\n\n","sortOrder":117},{"sectionNumber":"57","sectionType":"section","heading":"Approvals not required","content":"\t57 Approvals not required\n\nS. 57(1) amended by Nos 70/2016 s. 50, 49/2019 s. 186(Sch. 4 item 28.36).\n\n(1) Except to the extent that an agreement or determination under Division 6 otherwise provides, a permit, licence, consent, approval or other authority is not required from a public body, other than the Head, Transport for Victoria and the Environment Protection Authority, for the carrying out of works for the purposes of the Project.\n\n(2) Nothing in this section derogates from any requirement relating to standards of construction and safety which may apply under any other Act.\n\nS. 58 amended by No. 86/1998 s. 21(1)(a)(b), repealed by No. 81/2000 s. 10(2).\n\nS. 59 amended by No. 39/1997 s. 12(2), repealed by No. 81/2000 s. 10(2).\n\n","sortOrder":118},{"sectionNumber":"60","sectionType":"section","heading":"Leasing powers","content":"\t60 Leasing powers\n\nS. 60(1) amended by Nos 81/2000 s. 11(1)(a), 13/2002 s. 9(1)(a).\n\n(1) The Governor in Council, on behalf of the Crown, subject to and in accordance with the terms of the Agreement and on the recommendation of the Minister—\n\nS. 60(1)(a) amended by Nos 81/2000 s. 11(1)(b), 13/2002 s. 9(1)(b).\n\n(a) may grant a lease of that part of any Crown land which is required for the purposes of managing any roadway and ancillary works constructed on the land and for any other purposes (not inconsistent with those purposes) approved by the Governor in Council to the person or persons entitled to such a lease in accordance with the terms of the Agreement; and\n\n(b) may impose conditions on the lease, having regard (among other things) to the following matters in the case of a lease over a stratum of Crown land—\n\n(i) that reasonable access to and use of the stratum and other land be provided for; and\n\n(ii) that the rights of the registered proprietor, lessee or licensee of other land not be interfered with; and\n\n(iii) that the rights of support of the stratum or of other land or of any building or structure erected or to be erected on those lands be provided for; and\n\n(iv) that the making or maintenance of improvements by the lessee be provided for; and\n\nS. 60(1)(b)(v) amended by No. 75/2010 s. 4(1).\n\n(v) that any necessary rights for the passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or telephone) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or of other land be provided for; and\n\nS. 60(1)(c) inserted by No. 75/2010 s. 4(2).\n\n(c) may ratify or give effect to any partial surrender of the lease by the lessee, if the lessee has the consent of any mortgagee and the holder of any charge over the lease.\n\n(2) The granting of a lease under this section of a stratum of land is conclusive proof of compliance with subsection (1)(b)(i), (ii), (iii), (iv) and (v) with respect to the lease.\n\nS. 60(2A) inserted by No. 75/2010 s. 4(3).\n\n(2A) Despite the partial surrender of a lease that is ratified or given effect to under subsection (1)(c)—\n\n(a) any declaration under section 61(1); and\n\n(b) any toll zone specified under section 71(1)—\n\nmade or specified in relation to leased land continues in operation in relation to any part of the leased land that is not surrendered.\n\nS. 60(2B) inserted by No. 75/2010 s. 4(3).\n\n(2B) For the avoidance of doubt, the partial surrender of a lease ratified or given effect to under subsection (1)(c) does not constitute the surrender in full of that lease and does not affect the operation of the lease in relation to any part of the leased land that is not surrendered.\n\nS. 60(3) repealed by No. 102/1998 s. 8,  \nnew s. 60(3) inserted by No. 13/2002 s. 9(2).\n\n(3) The Minister must not make a recommendation under subsection (1) recommending the granting of a lease of land that is wholly or partly for a purpose that is not the purpose of managing a roadway and ancillary works constructed on the land, unless the Minister has first consulted with the Minister administering Part IX of the **Land Act 1958**.\n\n(4) The lessee may only mortgage, charge, assign or otherwise encumber the lessee's interest in the lease in accordance with the terms of the Agreement.\n\n(5) The term of a lease must be in accordance with the Agreement.\n\n(6) A lease may be amended at any time with the consent of the lessee.\n\n(7) A lease may be—\n\n(a) terminated before the end of the term of the lease; or\n\nin accordance with the terms of the Agreement.\n\nS. 60(8) inserted by No. 81/2000 s. 11(2).\n\n(8) This section has effect despite anything to the contrary in section 175A of the **Water Industry Act 1994** or any other Act.\n\nS. 60(9) inserted by No. 13/2002 s. 9(3).\n\n(9) The Minister must cause a copy of each lease under this section for an approved purpose to be laid before each House of Parliament within 6 sitting days of the House next following the making of the lease.\n\nS. 60(10) inserted by No. 13/2002 s. 9(3).\n\n(10) If a sub-lease is entered into of land leased under this section for an approved purpose, the person giving the sub-lease must ensure that, immediately on the sub-lease being entered into, a copy is given to the Minister.\n\nS. 60(11) inserted by No. 13/2002 s. 9(3).\n\n(11) The Minister must cause a copy of a sub-lease given to him or her under subsection (10) to be laid before each House of the Parliament within 6 sitting days of the House next following the giving of the copy of the sub-lease to the Minister.\n\nS. 60(12) inserted by No. 13/2002 s. 9(3).\n\n(12) In subsections (9) and (10), ***approved purpose***, in relation to a lease of land under this section, means a purpose other than the purpose of managing any roadway and ancillary works constructed on the land.\n\nS. 60A inserted by No. 102/1998 s. 9, repealed by No. 81/2000 s. 12.\n\nS. 61 substituted by No. 102/1998 s. 10.\n\n","sortOrder":119},{"sectionNumber":"61","sectionType":"section","heading":"Declaration of Link road","content":"\t61 Declaration of Link road\n\nS. 61(1) substituted by No. 81/2000 s. 13.\n\n(1) The Minister may, from time to time declare any part of any land leased under section 60 to be a road.\n\nS. 61(2) amended by No. 12/2004 s. 162(4).\n\n(2) A declaration under subsection (1) must state whether the road or any part of the road is to be treated as a freeway or an arterial road.\n\nS. 61(2A) inserted by No. 12/2004 s. 162(5).\n\n(2A) A declaration made under subsection (2) before the commencement of section 162 of the **Road Management Act 2004** stating that a road or part of a road is to be treated as a freeway or a State highway is to be construed as stating that a road or part of a road is to be treated as a freeway or an arterial road.\n\n(3) The Minister must cause a notice of a declaration under subsection (1) to be published in the Government Gazette.\n\n(4) On the publication of a notice of a declaration under subsection (3), the road specified in the declaration is deemed to be—\n\nS. 61(4)(a) amended by No. 12/2004 s. 162(6), substituted by No. 24/2005 s. 22.\n\n(a) a freeway or an arterial road within the meaning of the **Road Management Act 2004**, as stated in the declaration under subsection (1); and\n\n(b) a road open to and for use by the public for passage with vehicles; and\n\nS. 61(5) amended by No. 12/2004 s. 162(7).\n\n(5) This section does not affect the grant or operation of a lease despite anything to the contrary in Schedule 5 of the **Road Management Act 2004**.\n\nS. 61A inserted by No. 76/2010 s. 41.\n\n","sortOrder":120},{"sectionNumber":"61A","sectionType":"section","heading":"Power to revoke certain declarations of Link road","content":"\t61A Power to revoke certain declarations of Link road\n\n(1) The Minister may revoke, in whole or in part, a declaration made under section 61 in respect of land to which a lease under section 60 does not apply, whether the declaration has been made under section 61 as enacted or as previously enacted.\n\n(2) A revocation under subsection (1) must specify the land which is the subject of the wholly or partially revoked declaration.\n\n(3) The Minister must cause a notice of a revocation under subsection (1) to be published in the Government Gazette.\n\n(4) On the publication of a notice of a revocation under subsection (3), the land specified in the revocation ceases to be—\n\n(a) a freeway or an arterial road within the meaning of the **Road Management Act 2004**; and\n\n(b) a road open to and for use by the public for passage with vehicles, and all rights, easements and privileges existing or claimed in it as a road 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, cease; and\n\n(5) The partial revocation of a declaration under subsection (1) is not to be taken to affect any toll zone specified in relation to that part of the land which is the subject of that part of the declaration that has not been revoked.\n\n(6) On a revocation of the whole or a part of a declaration under subsection (1), any reference to the Link road in a notice of a toll zone specified under section 71(1), so far as it relates to any period on or after the revocation, is taken not to include any land that was the subject of the revocation.\n\n","sortOrder":121},{"sectionNumber":"62","sectionType":"section","heading":"Road operation and management powers in relation to leased land","content":"\t62 Road operation and management powers in relation to leased land\n\nS. 62(1) amended by Nos 50/1998  \ns. 19, 86/1998 s. 21(2)(a), 59/2003 s. 121(1), 12/2004 s. 162(8), 6/2010 s. 203(1)  \n(Sch. 6 item 31.7) (as amended by No. 45/2010 s. 22).\n\n(1) If the Agreement, or another agreement made under the terms of the Agreement, provides for road operation and management powers in respect of land leased under section 60 to be conferred on the Link corporation, then, despite anything to the contrary in the **Transport Integration Act 2010** or the regulations under that Act, the **Transport (Compliance and Miscellaneous) Act 1983** or the regulations under that Act or the **Local Government Act 1989** or the regulations under that Act or the **Docklands Act 1991** or the regulations under that Act or the **Road Management Act 2004** or the regulations under that Act, on and from the grant of a lease under section 60—\n\n(a) the Link corporation or any officer or employee of the Link corporation authorised by the Link corporation may exercise those powers in respect of the leased land; and\n\nS. 62(1)(b) amended by Nos 86/1998 s. 21(2)(b), 59/2003 s. 121(2), 35/2011 s. 20, 10/2017 s. 36, 49/2019 s. 186(Sch. 4 item 28.37(a)).\n\n(b) the Head, Transport for Victoria, any Council and Development Victoria must not exercise those powers in respect of the leased land.\n\nS. 62(1A) inserted by No. 75/2010 s. 5 (as amended by No. 32/2011 s. 21(2)), amended by No. 49/2019 s. 186(Sch. 4 item 28.37(b)).\n\n(1A) Despite subsection (1)(b) and anything to the contrary in the **Road Management Act 2004** or the regulations under that Act, the Head, Transport for Victoria may exercise any road operation and management powers relating to ramp metering conferred on the Link corporation in respect of land leased under section 60, in so far as the exercise of those powers by the Head, Transport for Victoria is provided for and is in accordance with any agreement between the Link corporation and the State including any agreed guidelines and protocols agreed by the parties under that agreement.\n\nS. 62(2) substituted by No. 102/1998 s. 11.\n\n(2) In this section ***road operation and management powers*** means—\n\n(a) if by a declaration under section 61 the land is to be treated as a freeway, powers relating to the operation and maintenance of, and traffic management of a kind applicable to, a freeway, including those powers which apply to a freeway by virtue of the fact that it is a declared road; and\n\nS. 62(2)(b) amended by No. 110/2004 s. 7.\n\n(b) if by a declaration under section 61 the land is to be treated as an arterial road, powers relating to the operation and maintenance of, and traffic management of a kind applicable to, an arterial road including those powers which apply to an arterial road by virtue of the fact that it is a declared road.\n\nS. 63  \nrepealed by No. 81/2000 s. 14.\n\nDivision 9—Other provisions relating to buildings and land\n\n","sortOrder":122},{"sectionNumber":"64","sectionType":"section","heading":"Certain Acts not to apply","content":"\t64 Certain Acts not to apply\n\n(1) In this section ***excluded Act*** means—\n\n(a) the **Building Act 1993**;\n\n(b) the **South Melbourne Land Act 1986**;\n\n(c) the **Extractive Industries Act 1966**;\n\nS. 64(1)(d) repealed by No. 6/2009 s. 53(3).\n\nS. 64(1)(e) amended by No. 63/2006 s. 61(Sch. item 21.2).\n\n(e) the **Mineral Resources (Sustainable Development) Act 1990**.\n\nS. 64(2) repealed by No. 81/2000 s. 15(1).\n\nS. 64(3) amended by No. 39/1997 s. 13.\n\n(3) An excluded Act does not apply to or in relation to any part of any leased land and anything done on any part of that leased land on and from the date on which the lease of that land is granted under section 60 or 93G until that lease is terminated in respect of that land.\n\nS. 64(4) inserted by No. 102/1998 s. 6(2), amended by Nos 13/2002 s. 10, 81/2000 s. 15(2).\n\n(4) Despite subsection (3), the **Building Act 1993** applies to and in relation to the Link control site, the Customer service site and the Burnley office site.\n\nS. 64A inserted by No. 81/2000 s. 16.\n\n","sortOrder":123},{"sectionNumber":"64A","sectionType":"section","heading":"Power to revoke reservations under the Crown Land (Reserves) Act 1978","content":"\t64A Power to revoke reservations under the Crown Land (Reserves) Act 1978\n\nIf any land has been deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the Project, by any provision of this Act as in force at any time before the commencement of section 16 of the **Melbourne City Link (Miscellaneous Amendments) Act 2000**, for the avoidance of doubt it is declared that the reservation may be revoked under the **Crown Land (Reserves) Act 1978**.\n\nS. 65 amended by No. 50/1998 s. 20, repealed by No. 81/2000 s. 17(1), new s. 65 inserted by No. 81/2006 s. 74, amended by No. 75/2010 s. 6.\n\n","sortOrder":124},{"sectionNumber":"65","sectionType":"section","heading":"Action by Registrar of Titles","content":"\t65 Action by Registrar of Titles\n\nOn being requested to do so and on delivery of any relevant instrument or document (but without production of a duplicate Crown grant or certificate of title), the Registrar of Titles must, as soon as practicable register any lease made in accordance with the Agreement or any partial surrender of a lease ratified or given effect to under section 60(1)(c).\n\nS. 66 repealed by No. 81/2000 s. 17(2).\n\nPt 3 Div. 10 (Heading) repealed by No. 81/2000 s. 17(3).\n\nS. 67 amended by Nos 39/1997 s. 14(1)(2), 85/1998 s. 24(Sch. item 41), repealed by No. 81/2000 s. 18.\n\nS. 68 repealed by No. 81/2000 s. 19.\n\n","sortOrder":125},{"sectionNumber":"Part 4","sectionType":"part","heading":"Tolls","content":"Part 4—Tolls\n\nPt 4 Div. 1 (Heading) inserted by No. 102/1998 s. 32(a).\n\nDivision 1—Definitions\n\nS. 69 (Heading) inserted by No. 110/2004 s. 8(1)(a)(i).\n\n","sortOrder":126},{"sectionNumber":"69","sectionType":"section","heading":"Definitions","content":"\t69 Definitions\n\nIn this Part—\n\nS. 69 def. of *authorised person* inserted by No. 74/2007 s. 62(a).\n\n***authorised person*** means a person authorised in writing by the relevant corporation under section 69B;\n\nS. 69 def. of *business day*  \n\n***business day*** means a day that is not—\n\n(a) a Saturday or a Sunday; or\n\n(b) a day that is appointed as a public holiday or public half-holiday throughout the whole of Victoria under the **Public Holidays Act 1993**;\n\nS. 69 def. of *corresponding body*  \ninserted by No. 74/2007 s. 62(a).\n\n***corresponding body*** has the same meaning as in section 84BB of the **Road Safety Act 1986**;\n\nS. 69 def. of *corresponding law*  \ninserted by No. 74/2007 s. 62(a).\n\n***corresponding law*** has the same meaning as in section 84BB of the **Road Safety Act 1986**;\n\nS. 69 def. of *day*  \n\n***day*** means the period between midnight of 2 successive days;\n\nS. 69 def. of *effective* inserted by No. 74/2007 s. 62(a).\n\n***effective***, in relation to an illegal user statement, a known user statement or a sold vehicle statement, means a statement that is, or is accepted by an authorised person under section 72 as, and has not ceased to be, an effective statement for the purposes of this Part;\n\nS. 69 def. of *illegal user statement* inserted by No. 74/2007 s. 62(a), substituted by No. 8/2019 s. 116(1).\n\n***illegal user statement***, in relation to the use of a vehicle or trailer, means a statement in writing made by a person with respect to the vehicle or trailer to the effect that the person believes that at the relevant time the vehicle or trailer was a stolen vehicle or trailer or that the number plates displayed on the vehicle or trailer were stolen;\n\nS. 69 def. of *known user statement* inserted by No. 74/2007 s. 62(a), substituted by No. 8/2019 s. 116(2).\n\n***known user statement***, in relation to the use of a vehicle or trailer, means a statement in writing made by a person—\n\n(a) to the effect that the person was not driving at the relevant time, or did not at that time have possession or control of, the vehicle or trailer or the vehicle to which the trailer was attached; and\n\n(b) containing sufficient information to identify and locate the person who the person making the statement last knew to have, before the relevant time, possession or control of the vehicle or trailer or the vehicle to which the trailer was attached;\n\nS. 69 def. of *nomination rejection statement* inserted by No. 74/2007 s. 62(a), substituted by No. 8/2019 s. 116(3).\n\n***nomination rejection statement*** means a statement in writing made by a person nominated in a known user statement, a sold vehicle statement or a tolling nomination statement as being the responsible person in respect of a vehicle or trailer to the effect that if nominated—\n\n(a) in a known user statement, the person had not had possession or control of the vehicle or trailer at the relevant time, as stated in the known user statement; or\n\n(b) in a sold vehicle statement, the vehicle or trailer had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement; or\n\n(c) in a tolling nomination statement, that the person was not the responsible person in relation to the vehicle or trailer at the time of the tolling offence as stated in the tolling nomination statement;\n\nS. 69 def. of *operator* inserted by No. 74/2007 s. 62(a), amended by No. 49/2019 s. 186(Sch. 4 item 28.38), substituted by No. 8/2019 s. 116(4) (as amended by No. 49/2019 s. 167).\n\n***operator***, in relation to a vehicle or trailer at the time the vehicle or trailer was driven in a toll zone, means each of the following—\n\n(a) the registered operator of the vehicle or trailer at that time or the person recorded at that time on a register of vehicles or trailers maintained under a corresponding law as the person responsible for the vehicle or trailer;\n\n(b) if the Secretary under the regulations under the **Road Safety Act 1986**, or a corresponding body under a corresponding law, has received notice of transfer of registration of the vehicle or trailer, the person whose name is disclosed in the records kept by the Secretary or the corresponding body (as the case requires) as being responsible for the vehicle or trailer at that time;\n\n(c) if the vehicle or trailer is not registered under the **Road Safety Act 1986** or a corresponding law, the person whose name is disclosed in the records kept by the Secretary or the corresponding body as being responsible for the vehicle or trailer at that time;\n\n(d) if the vehicle or trailer displays a number plate—\n\n(i) the person who, at the time at which the registration number borne by that number plate was last assigned by the Secretary or a corresponding body, was the registered operator of, or (if assigned by a corresponding body) the person recorded on a register of vehicles or trailers maintained under the corresponding law as the person responsible for, the vehicle or trailer to which that registration number was assigned, whether or not that vehicle or trailer is the same as the vehicle or trailer involved in the offence; or\n\n(ii) the person whose name is disclosed in the records kept by the Secretary or a corresponding body as being entitled, or last entitled, at that time to use or possess that number plate;\n\n(e) if the vehicle or trailer displays a general identification mark by means of a special identification plate issued by the Secretary under the regulations under the **Road Safety Act 1986** or by a corresponding body under a corresponding law, the person to whom the mark is assigned at that time;\n\nS. 69 def. of *owner* amended by Nos 57/1998 s. 28(4), 92/2001 s. 32(1), repealed by No. 74/2007 s. 62(b).\n\nS. 69 def. of *registered operator* inserted by No. 74/2007 s. 62(a).\n\n***registered operator*** has the same meaning as in section 3(1) of the **Road Safety Act 1986**;\n\nS. 69 def. of *relevant agency* inserted by No. 102/1998 s. 12.\n\n***relevant agency*** means—\n\n(a) the Link corporation; or\n\n(b) the Link operator; or\n\n(c) the Extension corporation; or\n\n(d) the Extension operator; or\n\n(e) the enforcement agency;\n\nS. 69 def. of *responsible person* inserted by No. 74/2007 s. 62(a), substituted by No. 8/2019 s. 116(5).\n\n***responsible person***, in relation to a vehicle or a trailer, means—\n\n(a) the operator of the vehicle or the trailer; or\n\n(b) the person nominated as the responsible person in relation to the vehicle or the trailer in an effective known user statement or an effective sold vehicle statement;\n\nS. 69 def. of *sold vehicle statement* inserted by No. 74/2007 s. 62(a), substituted by No. 8/2019 s. 116(6).\n\n***sold vehicle statement***, in relation to the use of a vehicle or trailer, means a statement in writing made by a person—\n\n(a) to the effect that—\n\n(i) the person had sold or otherwise disposed of the vehicle or trailer before the relevant time or that any interest in the vehicle or trailer had otherwise ceased to be vested in the person before that time; and\n\n(ii) the person was not at that time driving, or had not at that time possession or control of, the vehicle or trailer; and\n\n(b) containing sufficient information to identify and locate the person to whom the vehicle or trailer was sold or disposed of, or in whom an interest in the vehicle or trailer was otherwise vested, and the date and, if relevant, the time of sale, disposal or vesting;\n\nS. 69 def. of *special circum-stances* inserted by No. 8/2019 s. 116(8).\n\n***special circumstances*** has the same meaning as it has in the **Infringements Act 2006**;\n\nS. 69 def. of *start-up period* inserted by No. 102/1998 s. 12, repealed by No. 13/2002 s. 11(1).\n\nS. 69 def. of *taxi-cab* inserted by No. 49/2004 s. 6, amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 31.8) (as amended by No. 45/2010 s. 22).\n\n***taxi-cab*** has the same meaning as in section 86(1) of the **Transport (Compliance and Miscellaneous) Act 1983**;\n\nS. 69 def. of *tolling device* inserted by No. 8/2019 s. 116(8).\n\n***tolling device*** means any system, equipment or thing prescribed as a tolling device for the purposes of this Part;\n\nS. 69 def. of *tolling nomination statement* inserted by No. 74/2007 s. 62(a).\n\n***tolling nomination statement*** means a tolling nomination statement made by an authorised person under Part 6AA of the **Road Safety Act 1986**;\n\nS. 69 def. of *tollway* inserted by No. 49/2004 s. 6.\n\n***tollway*** means a road or part of a road in Australia in respect of which a toll or charge for the use of that road or part of that road is payable;\n\nS. 69 def. of *tollway billing arrangement* inserted by No. 49/2004 s. 6, amended by No. 110/2004 s. 8(1)(a)(ii).\n\n***tollway billing arrangement*** means an agreement or arrangement between a person and a tollway operator (or an agent of a tollway operator) relating to the payment of tolls for the use of a vehicle in a tollway;\n\nS. 69 def. of *tollway operator* inserted by No. 49/2004 s. 6, amended by Nos 14/2007 s. 17, 8/2019 s. 116(7).\n\n***tollway operator*** means a person, other than the Link corporation or Extension corporation, who—\n\n(a) operates a tollway under a law of Victoria or of another State or Territory, or under an agreement between that person and the State or another State or Territory; and\n\n(b) is empowered or entitled, under that law or agreement, to levy or impose a toll or charge for the use of the tollway—\n\nbut does not include the Freeway Corporation within the meaning of the **EastLink Project Act 2004** unless a Link roaming agreement (within the meaning of section 93AA) is in force or the West Gate Tunnel Corporation within the meaning of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** unless a West Gate Tunnel roaming agreement (within the meaning of section 93AD) is in force;\n\nS. 69 def. of *trailer* inserted by No. 8/2019 s. 116(8).\n\n***trailer*** has the same meaning as it has in the **Road Safety Act 1986**;\n\nS. 69 def. of *trip*  \n\n***trip*** means the driving of a vehicle in one direction in one toll zone or more than one toll zones, uninterrupted by exit from the road on which the zone is or zones are and subsequent re-entry to that road, disregarding travel directly between the southern link and the western link as referred to in section 6.\n\nS. 69A inserted by No. 102/1998 s. 13.\n\n","sortOrder":127},{"sectionNumber":"69A","sectionType":"section","heading":"Declaration as to relevant corporations","content":"\t69A Declaration as to relevant corporations\n\n(1) The Link corporation or the Extension corporation, by notice published in the Government Gazette, may declare that for the purposes of the whole of this Part—\n\n(a) the Link corporation is to be the relevant corporation in relation to the Link road; and\n\n(b) the Extension corporation is to be the relevant corporation in relation to the Extension road.\n\n(2) At any time after the publication of a notice under subsection (1), the Link Corporation and the Extension Corporation, by notice published in the Government Gazette, may jointly declare that for the purposes of this Part (except sections 70 and 71) the Link corporation is to be the relevant corporation in relation to both the Link road and the Extension road.\n\n(3) A notice under subsection (1) or (2) takes effect one month after the day on which it is published in the Government Gazette or, if a later day is specified in the notice, on that later day.\n\nS. 69B inserted by No. 74/2007 s. 63.\n\n","sortOrder":128},{"sectionNumber":"69B","sectionType":"section","heading":"Authorisation of authorised persons","content":"\t69B Authorisation of authorised persons\n\nThe relevant corporation may, in writing, authorise a person to carry out functions under this Part.\n\nPt 4 Div. 2 (Heading) inserted by No. 102/1998 s. 32(b).\n\nDivision 2—Fixing and enforcement of tolls\n\nS. 70 (Heading) inserted by No. 110/2004 s. 8(1)(b)(i).\n\nS. 70 amended by Nos 102/1998 ss 14(1), 24(b), 94/2003 s. 42 (ILA s. 39B(1)).\n\n","sortOrder":129},{"sectionNumber":"70","sectionType":"section","heading":"Relevant corporation may fix, charge and collect tolls and toll administration fees","content":"\t70 Relevant corporation may fix, charge and collect tolls and toll administration fees\n\nS. 70(1) amended by No. 110/2004 s. 8(1)(b)(ii).\n\n(1) The relevant corporation may fix, charge and collect tolls for the use of vehicles in a toll zone and toll administration fees but may do so only in accordance with this Act and the Agreement or the Extension Agreement (as the case requires).\n\nS. 70(2) inserted by No. 94/2003 s. 42.\n\n(2) The tolling system that complies with the Agreement, the Integration and Facilitation Agreement or the Extension Agreement (as the case requires) is not a surveillance device within the meaning of the **Surveillance Devices Act 1999**.\n\nS. 71 (Heading) inserted by No. 110/2004 s. 8(4)(a).\n\n","sortOrder":130},{"sectionNumber":"71","sectionType":"section","heading":"Fixing of tolls and toll administration fees","content":"\t71 Fixing of tolls and toll administration fees\n\nS. 71(1) amended by No. 102/1998 s. 14(2)(a).\n\n(1) The relevant corporation in accordance with this Act and the Agreement or the Extension Agreement (as the case requires), by notice published in the Government Gazette—\n\nS. 71(1)(a) amended by No. 102/1998 s. 14(2)(b).\n\n(a) may specify toll zones on the Link road or the Extension road; and\n\n(b) may fix tolls which are payable in respect of the use of vehicles on toll zones.\n\nS. 71(1A) inserted by No. 110/2004 s. 8(2).\n\n(1A) If the Agreement or the Extension Agreement (as the case requires) expressly provides for the fixing of a toll administration fee under this subsection, the relevant corporation, in accordance with this Act and the Agreement or the Extension Agreement (as the case requires), may, by notice published in the Government Gazette, fix toll administration fees that are payable to it and specify the circumstances in which they are payable.\n\n(2) A notice under subsection (1) may specify different tolls in respect of different cases or classes of cases including different zones or groups of zones, different classes of vehicles and the use of vehicles at different times or any combination of these.\n\nS. 71(2A) inserted by No. 110/2004 s. 8(3).\n\n(2A) A notice under subsection (1A) may specify different toll administration fees in respect of different cases or classes of cases including different zones or groups of zones, different classes of vehicles and different toll payment methods or any combination of these.\n\nS. 71(3) amended by No. 110/2004 s. 8(4)(b).\n\n(3) A notice under subsection (1) or (1A) takes effect on the day that it is published in the Government Gazette or, if a later day is specified in the notice, on that later day.\n\nS. 71(4) amended by Nos 102/1998 s. 14(3), 110/2004 s. 8(4)(b)(c) (i)(ii).\n\n(4) In any proceedings under this Part, the production of a Government Gazette purporting to contain a notice under subsection (1) or (1A) is evidence of the valid publication of the notice and of the fixing of the toll or toll administration fee in accordance with this Act and the Agreement or the Extension Agreement (as the case requires).\n\nS. 72 (Heading) inserted by No. 110/2004 s. 9(1).\n\n","sortOrder":131},{"sectionNumber":"72","sectionType":"section","heading":"Liability to pay toll and toll administration fees","content":"\t72 Liability to pay toll and toll administration fees\n\nS. 72(1) amended by No. 102/1998 s. 24(b)(c), substituted by No. 110/2004 s. 9(2).\n\n(1) Subject to this Part, a person who is the driver of a vehicle used in a toll zone is liable to pay to the relevant corporation—\n\n(a) the toll charged by the relevant corporation for that use; and\n\n(b) the relevant toll administration fee charged by the relevant corporation.\n\nS. 72(2) amended by Nos 102/1998 s. 24(b), 74/2007 s. 64(1), substituted by No. 8/2019 s. 117(1).\n\n(2) Subject to subsection (3), the operator of a vehicle or, in the case of a vehicle that is attached to a trailer and the operator of the vehicle cannot be identified by a tolling device, the operator of the trailer, is taken to be the driver of that vehicle for the purposes of subsection (1).\n\nS. 72(3) amended by Nos 102/1998 s. 24(b)(c), 92/2001 s. 32(2), substituted by No. 74/2007 s. 64(2), amended by No. 8/2019 s. 117(2).\n\n(3) The operator of a vehicle or trailer is not liable under subsection (2) to pay a toll and the relevant toll administration fee for the use of the vehicle or trailer in a toll zone if, within 28 days after being notified of the non-payment of the toll and toll administration fee, the operator gives to an authorised person—\n\n(a) an illegal user statement; or\n\n(b) a known user statement; or\n\n(c) a sold vehicle statement—\n\nand the authorised person accepts the statement as an effective statement for the purposes of this Part.\n\nS. 72(3A) inserted by No. 74/2007 s. 64(2).\n\n(3A) Information contained in a known user statement or a sold vehicle statement identifying a person is sufficient for the purposes of this Part if it contains—\n\n(a) in the case of an individual, the individual's full name and current home address and either the individual's date of birth or the number of the licence or permit authorising the individual to drive and, if that licence or permit is issued by a corresponding body, the name of that body; and\n\n(b) in the case of a person other than an individual, its full name and current address and (where applicable) its Australian Business Number or Australian Company Number; and\n\n(c) reasons for nominating the individual under paragraph (a) or the person under paragraph (b); and\n\n(d) in any case, any other prescribed information.\n\nS. 72(3B) inserted by No. 74/2007 s. 64(2).\n\n(3B) A statement containing all the information required by subsection (3A) may be accepted by an authorised person as an effective statement for the purposes of this Part.\n\nS. 72(3C) inserted by No. 74/2007 s. 64(2).\n\n(3C) In addition, an authorised person may decide to accept a known user statement or a sold vehicle statement as an effective statement for the purposes of this Part even if it does not contain all the information required by subsection (3A) if the authorised person is satisfied that it contains sufficient information to identify and locate the nominated person.\n\nS. 72(3D) inserted by No. 74/2007 s. 64(2).\n\n(3D) An authorised person may decide to accept an illegal user statement as an effective statement for the purposes of this Part if satisfied as to the matters, and any reasons set out in support of those matters, stated in the statement.\n\nS. 72(4) inserted by No. 81/2000 s. 20, amended by No. 110/2004 s. 9(3), substituted by No. 74/2007 s. 64(2), amended by No. 8/2019 s. 117(3).\n\n(4) In any proceedings for the recovery of a toll or relevant toll administration fee, an effective statement that is a known user statement or a sold vehicle statement is evidence that the person named in the statement was the driver of the vehicle or the operator of the trailer at all the relevant times relating to the matter named in the statement, if the proceedings are—\n\n(a) against the person named in the statement; and\n\n(b) in respect of the matter named in the statement.\n\nS. 72(5) inserted by No. 49/2004 s. 7.\n\n(5) This section does not apply in respect of the use in a toll zone of a vehicle covered by a tollway billing arrangement.\n\nS. 72AA inserted by No. 74/2007 s. 65.\n\n\t72AA Cancellation of acceptance of statement\n\n(1) An authorised person may cancel the acceptance of a known user statement or sold vehicle statement as an effective statement for the purposes of this Part if—\n\n(a) the person nominated in the statement as being the responsible person gives to an authorised person within the prescribed period a nomination rejection statement; and\n\n(b) the authorised person is satisfied, having regard to the matters stated in the nomination rejection statement, that the nomination was incorrect.\n\n(2) If the acceptance of a statement as an effective statement is cancelled under subsection (1), on that cancellation—\n\n(a) the statement ceases to be an effective statement for the purposes of this Part and cannot be used by an authorised person to make a tolling nomination statement; and\n\n(b) the operator who would, but for the statement, have continued to be the responsible person in relation to the vehicle becomes again the responsible person.\n\nS. 72AB inserted by No. 74/2007 s. 65.\n\n\t72AB Offence to provide false or misleading information\n\nA person must not in a statement given to the authorised person under section 72(3) or 72AA(1) provide information that the person knows to be false or misleading.\n\n1. 60 penalty units.\n\nS. 72A inserted by No. 110/2004 s. 10.\n\n","sortOrder":132},{"sectionNumber":"72A","sectionType":"section","heading":"Exemptions from toll administration fee","content":"\t72A Exemptions from toll administration fee\n\nDespite section 72, a toll administration fee is not payable in respect of a vehicle—\n\n(a) that is registered with the relevant corporation; or\n\n(b) that under the regulations is exempt from the payment of tolls; or\n\n(c) that is used in a toll zone in accordance with a tollway billing arrangement.\n\nS. 72B inserted by No. 110/2004 s. 10.\n\n","sortOrder":133},{"sectionNumber":"72B","sectionType":"section","heading":"Charge of toll","content":"\t72B Charge of toll\n\nS. 72B(1) amended by No. 74/2007 s. 66(1)(a).\n\n(1) A relevant corporation may make a request for payment of a toll for the use of a vehicle in a toll zone and any relevant toll administration fee from—\n\nS. 72B(1)(a) amended by No. 74/2007 s. 66(1)(b).\n\n(a) the operator of the vehicle; and\n\nS. 72B(1)(b) substituted by No. 74/2007 s. 66(1)(c), amended by No. 8/2019 s. 118(1).\n\n(b) the person nominated in a known user statement or a sold vehicle statement that has been accepted by an authorised person as an effective statement; and\n\nS. 72B(1)(c) inserted by No. 8/2019 s. 118(2).\n\n(c) in the case that the vehicle is attached to a trailer and the operator of the vehicle cannot be identified by a tolling device, the operator of the trailer.\n\nS. 72B(2) amended by No. 74/2007 s. 66(2).\n\n(2) A request for payment—\n\n(a) must be in writing; and\n\n(b) must identify separately each use for which a toll or toll administration fee is payable.\n\nS. 72C inserted by No. 8/2019 s. 119.\n\n","sortOrder":134},{"sectionNumber":"72C","sectionType":"section","heading":"Minimum debt recovery requirements","content":"\t72C Minimum debt recovery requirements\n\n(1) The Minister may specify the requirements to be met by the relevant corporation when taking action to recover a toll or a toll administration fee from a responsible person.\n\n(2) The specified requirements must be published in the Government Gazette.\n\nS. 73 substituted by No. 102/1998 s. 15.\n\n","sortOrder":135},{"sectionNumber":"73","sectionType":"section","heading":"Offence to drive unregistered vehicle in toll zone","content":"\t73 Offence to drive unregistered vehicle in toll zone\n\nS. 73(1) amended by Nos 4/2000 s. 5(1), 74/2007 s. 67.\n\n(1) A person must not drive a vehicle in a toll zone unless the vehicle is registered under this Part in respect of that toll zone by the relevant corporation at that time.\n\n(2) If during the course of a trip a person commits an offence against subsection (1), the person is guilty of only one offence against that subsection, regardless of how many toll zones the person drives in during the course of that trip.\n\nS. 73(3) amended by Nos 4/2000 s. 5(2), 49/2004 s. 8(1).\n\n(3) In a proceeding for an offence against subsection (1), it is a defence to the charge for the driver to prove that he or she believed on reasonable grounds, at the time the offence is alleged to have been committed, that the vehicle—\n\nS. 73(3)(a) inserted by No. 49/2004 s. 8(1).\n\n(a) was registered under this Part in respect of the relevant toll zone by the relevant corporation; or\n\nS. 73(3)(b) inserted by No. 49/2004 s. 8(1), amended by No. 75/2010 s. 7(1).\n\n(b) was covered by a tollway billing arrangement that was not suspended at the time the offence is alleged to have been committed.\n\nS. 73(3A) inserted by No. 110/2004 s. 11(1).\n\n(3A) In a proceeding for an offence against subsection (1), it is a defence to the charge for the driver to prove—\n\n(a) that he or she received, or was issued, an invoice in respect of the trip that is the subject of the charge; and\n\n(b) that the invoice was paid in full (even though it may also have related to trips other than the trip that is the subject of the charge) in any manner, and within the time, permitted by the invoice.\n\nS. 73(3B) inserted by No. 95/2005 s. 3(2).\n\n(3B) In subsection (3A), ***invoice*** means a request for the payment of a toll in respect of the trip and any associated toll administration fee.\n\nS. 73(3C) inserted by No. 75/2010 s. 7(2).\n\n(3C) A certificate purporting to be given by the tollway operator certifying that, at the time the offence is alleged to have been committed, the tollway billing arrangement was suspended, is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that, at that time, the tollway billing arrangement was suspended.\n\nS. 73(4) substituted by No. 8/2019 s. 120(1), amended by No. 18/2020 s. 137(1)(a).\n\n(4) Despite anything to the contrary in this Act or any other Act (other than the Charter of Human Rights and Responsibilities)—\n\nS. 73(4)(a) amended by No. 18/2020 s. 137(1)(b).\n\n(a) only one criminal proceeding may be commenced in respect of an offence constituted by the driving of any one vehicle in a toll zone during the course of a prescribed period; and\n\nS. 73(4)(b) amended by No. 18/2020 s. 137(1)(b).\n\n(b) only one infringement notice may be issued in respect of an offence constituted by the driving of any one vehicle in a toll zone during the course of a prescribed period—\n\nregardless of how many toll zones the vehicle is driven in during the course of the period and how many trips the vehicle makes during the course of the period and how many different individuals drive the vehicle during the course of the period.\n\nS. 73(4A) inserted by No. 45/1999 s. 48(1), amended by No. 49/2004 s. 8(2)(a)(b).\n\n(4A) For the purposes of subsection (4), a criminal proceeding commenced against, or an infringement notice served, on a person in respect of an offence against subsection (1) is to be disregarded if the charge or infringement notice is withdrawn.\n\n(5) Subsection (1) does not apply in respect of a vehicle if it is exempted, in accordance with the regulations, from the requirement to be registered under this Part.\n\n(6) Subsection (1) does not apply in respect of a vehicle that under the regulations is exempt from the payment of tolls.\n\nS. 73(7) inserted by No. 49/2004 s. 8(3), amended by No. 75/2010 s. 7(3).\n\n(7) Subsection (1) does not apply in respect of a vehicle covered by a tollway billing arrangement that was not suspended at the time the offence is alleged to have been committed.\n\nS. 73(8) inserted by No. 110/2004 s. 11(2), amended by No. 8/2019 s. 120(2).\n\n(8) On a person being found guilty of an offence under subsection (1), any debt that arose under section 72 as a result of the person driving in the toll zone in the vehicle that was the subject of the offence is extinguished.\n\nS. 73(9) inserted by No. 18/2020 s. 137(2).\n\n(9) In this section—\n\n***prescribed period*** means—\n\n(a) a period prescribed by the regulations for the purposes of subsection (4); or\n\n(b) if no period is prescribed under paragraph (a), a period of 7 days.\n\nS. 73A inserted by No. 102/1998 s. 15.\n\n","sortOrder":136},{"sectionNumber":"73A","sectionType":"section","heading":"Registration of vehicles","content":"\t73A Registration of vehicles\n\n(1) A relevant corporation must establish and maintain a register of vehicles.\n\n(2) A relevant corporation may register a vehicle—\n\n(a) for a specified period; or\n\n(b) until the happening of a specified event; or\n\nS. 73A(2)(c) amended by No. 4/2000 s. 5(3).\n\n(c) for an unlimited period; or\n\nS. 73A(2)(d) inserted by No. 4/2000 s. 5(3).\n\n(d) in respect of all toll zones or a specified toll zone or toll zones.\n\n(3) A person may seek the registration under this Part of a vehicle or more than one vehicle by application made to the relevant corporation in writing or orally or partly in writing and partly orally.\n\n(4) A relevant corporation may, in accordance with this Part, cancel or suspend the registration of a vehicle.\n\nS. 73B inserted by No. 102/1998 s. 15.\n\n","sortOrder":137},{"sectionNumber":"73B","sectionType":"section","heading":"On-going registration","content":"\t73B On-going registration\n\n(1) Without limiting its discretion otherwise to do so, a relevant corporation may refuse to register a vehicle unless the vehicle is the subject of an agreement that is wholly or partly in writing between the relevant corporation and the person seeking registration.\n\n(2) Without limiting the matters about which an agreement referred to in subsection (1) may provide, it may—\n\n(a) be expressed as having force for a specified period or until the happening of a specified event or for an unlimited period; and\n\n(b) contain specified terms including conditions of use and procedures to be followed to settle disputes that arise under the agreement; and\n\n(c) specify the circumstances in which, and procedure by which, the agreement, or the registration under this Part of a vehicle that is the subject of the agreement, may be cancelled or suspended.\n\n(3) The agreement by a relevant corporation to register a vehicle under this Part is sufficient consideration on the part of the relevant corporation for an agreement referred to in subsection (1).\n\nS. 73C inserted by No. 102/1998 s. 15.\n\n","sortOrder":138},{"sectionNumber":"73C","sectionType":"section","heading":"Temporary registration","content":"\t73C Temporary registration\n\nS. 73C(1) amended by No. 54/2001 s. 45(1).\n\n(1) A relevant corporation may register a vehicle for a specified period of up to 14 days without an agreement of a kind referred to in section 73B(1) being in force in respect of the vehicle.\n\nS. 73C(2) amended by No. 81/2000 s. 21, substituted by No. 54/2001 s. 45(2).\n\n(2) Registration in accordance with this section may be granted subject to conditions of use notified to the person seeking the registration either orally or in writing or partly orally and in writing.\n\nS. 73C(2A) inserted by No. 54/2001 s. 45(2), substituted by No. 13/2002 s. 12 (as amended by No. 32/2002 s. 26).\n\n(2A) If registration is sought on a particular day for a period of 24 hours, the commencement of the registration may be back-dated to a time not earlier than the beginning of the day that is 3 days before the day on which registration is sought.\n\nS. 73C(2B) inserted by No. 13/2002 s. 12 (as amended by No. 32/2002 s. 26).\n\n(2B) If registration is sought for a specified period (other than a period of 24 hours) and is sought—\n\n(a) before the end of that specified period or within the period of 2 days immediately following the end of that specified period; or\n\n(b) not later than 6 days after the beginning of that specified period—\n\n(whichever is the earlier), the commencement of registration may be back-dated to a time not earlier than the beginning of that specified period.\n\n(3) The agreement by a relevant corporation to register a vehicle under this Part is sufficient consideration on the part of the relevant corporation for an arrangement entered into in accordance with this section.\n\nS. 73D inserted by No. 102/1998 s. 15.\n\n","sortOrder":139},{"sectionNumber":"73D","sectionType":"section","heading":"Information to be given in relation to registration","content":"\t73D Information to be given in relation to registration\n\n(1) If a relevant corporation agrees to register a vehicle under this Part, it must give the following information to the person who sought the registration—\n\nS. 73D(1)(a) amended by No. 78/2001 s. 7(a).\n\n(a) confirmation that the vehicle has been, or will be at a specified time, registered or of the circumstances in which the vehicle becomes registered;\n\nS. 73D(1)(b) substituted by No. 78/2001 s. 7(b).\n\n(b) the whole or that part of the licence plate number of the vehicle that is stated to the relevant corporation by that person;\n\n(c) an identifying number, or combination of letters and numbers, for the registration;\n\n(d) except in the case of a registration in accordance with section 73C, the conditions of use, if any;\n\n(e) except in the case of a registration in accordance with section 73C, information about how the registration may be cancelled or suspended;\n\nS. 73D(1)(f) substituted by No. 78/2001 s. 7(c).\n\n(f) in the case of registration in accordance with section 73C—\n\n(i) the period to which the registration applies; or\n\n(ii) if the period to which the registration applies cannot be determined at the time the information is given, information which enables the person to determine the period to which the registration applies;\n\nS. 73D(1)(g) inserted by No. 4/2000 s. 5(4).\n\n(g) the toll zone or zones in respect of which the vehicle has been or will be registered.\n\n(2) The information referred to in subsection (1) is required to be given—\n\nS. 73D(2)(a) amended by No. 4/2000 s. 5(5).\n\n(a) orally or in writing, in the case of information referred to in paragraph (a), (b), (c), (f) or (g) of that subsection; and\n\n(b) in writing, in the case of any other information.\n\n(3) The relevant corporation must give any information referred to in subsection (1) that it has not given to the person seeking registration before registering a vehicle to that person—\n\n(a) as soon as is practicable after registering the vehicle; and\n\n(b) in the case of information required to be given in writing, by sending a notice containing that information to that person by post to an address nominated by that person within 5 business days after the date the registration is effected.\n\nS. 73E inserted by No. 102/1998 s. 15.\n\n","sortOrder":140},{"sectionNumber":"73E","sectionType":"section","heading":"Cancellation or suspension of registration","content":"\t73E Cancellation or suspension of registration\n\n(1) If a relevant corporation cancels or suspends the registration under this Part of a vehicle, it must do so—\n\n(a) by any method stated for that purpose in an agreement relating to the vehicle; or\n\n(b) by giving notice of the cancellation or suspension in one of the following ways—\n\n(i) by personal service of written notice on the person who sought the registration;\n\n(ii) by personal service of written notice at the last address given to the relevant corporation by the person who sought the registration on a person who appears to be at least 16 years of age;\n\n(iii) by written notice posted to the last address given to the relevant corporation by the person who sought the registration;\n\n(iv) by written notice posted to the address of the owner of the vehicle to which the registration applies;\n\n(v) if the person who sought the registration is a corporation—\n\n(A) by personal service of written notice at the registered office of the corporation on a person who appears to be at least 16 years of age; or\n\n(B) by written notice posted to the registered office of the corporation.\n\n(2) A person is deemed to have been given a notice of cancellation or suspension—\n\n(a) under subsection (1)(b)(ii) on the next business day after the notice was served; or\n\n(b) under subsection (1)(b)(iii), (iv) or (v)(B) on the third business day after the envelope containing the notice was posted; or\n\n(c) under subsection (1)(b)(v)(A) on the day the notice was served.\n\n","sortOrder":141},{"sectionNumber":"74","sectionType":"section","heading":"Offence to tamper with prescribed devices","content":"\t74 Offence to tamper with prescribed devices\n\nA person must not, without just cause, tamper or interfere with a prescribed tolling device or any part of a prescribed tolling device in a manner—\n\n(a) that causes incorrect information to be recorded or transmitted; or\n\n(b) that prevents or interferes with the recording or transmission of information—\n\nin respect of the use of a toll zone by a vehicle in which that device is or may be situated.\n\nS. 75 substituted by No. 102/1998 s. 16, amended by No. 54/2001 s. 46 (ILA s. 39B(1)).\n\n","sortOrder":142},{"sectionNumber":"75","sectionType":"section","heading":"Offence to fraudulently induce registration","content":"\t75 Offence to fraudulently induce registration\n\n(1) A person must not by fraudulent or collusive means, or by false representation, induce a relevant corporation to register a vehicle under this Part.\n\nS. 75(2) inserted by No. 54/2001 s. 46.\n\n(2) A person who seeks the right to drive a vehicle on a tollway must not make a false representation to a relevant corporation in seeking to do so.\n\nS. 76 amended by No. 102/1998 s. 17, substituted by No. 8/2019 s. 121.\n\n","sortOrder":143},{"sectionNumber":"76","sectionType":"section","heading":"Payment of prescribed administrative amount","content":"\t76 Payment of prescribed administrative amount\n\n(1) Subject to subsection (2), if a charge against a person for an offence against section 73 is found proven, whether or not a conviction is recorded or a penalty imposed for that offence, the court must make an order requiring the person to pay to the relevant corporation an amount that is the prescribed administrative amount, if any.\n\n(2) The court is not required to make an order under subsection (1) if having regard to the prescribed criteria (if any) the court is satisfied—\n\n(a) that the person is experiencing acute financial hardship; or\n\n(b) that special circumstances apply to the person.\n\n(3) An amount required to be paid under an order made under subsection (1) must be taken to be a judgment debt due by the person to the relevant corporation and payment of any amount remaining unpaid under the order is to be enforceable in the court by which it was made.\n\n","sortOrder":144},{"sectionNumber":"77","sectionType":"section","heading":"Relevant corporation or authorised person may notify enforcement agency of non-payment of toll","content":"\t77 Relevant corporation or authorised person may notify enforcement agency of non-payment of toll\n\nS. 77(1) amended by Nos 102/1998 s. 18(1)(a)–(c), 45/1999 s. 48(2)(a)(b), 4/2000 s. 5(6)(a)(b), 110/2004 s. 11(3), 74/2007 s. 68(1).\n\n(1) If the relevant corporation or an authorised person believes, on reasonable grounds, that a vehicle that is not registered under this Part in respect of a particular toll zone has been driven in that toll zone in contravention of this Part, the relevant corporation or authorised person may do any or all of the following at any time—\n\nS. 77(1)(a) substituted by No. 102/1998 s. 18(1)(d), amended by No. 4/2000 s. 5(6)(c), substituted by Nos 81/2000 s. 22(1), 110/2004 s. 11(3).\n\n(a) send a request for payment of the toll and toll administration fee payable in respect of the use of the vehicle in the toll zone to any person who appears to be liable to pay the toll and fee; or\n\nS. 77(1)(b) amended by Nos 102/1998 s. 18(1)(e), 49/2004 s. 9, substituted by No. 110/2004 s. 11(3), amended by No. 8/2019 s. 122.\n\n(b) if the toll and toll administration fee have not been paid in accordance with the processes set out in the Agreement or the Extension Agreement, notify the enforcement agency of that belief and request the enforcement agency—\n\n(i) to send a request for payment of the toll and toll administration fee payable in respect of the use of the vehicle in the toll zone to any person who appears to be liable to pay the toll and fee; or\n\nS. 77(1)(b)(ii) substituted by No. 74/2007 s. 68(2).\n\n(ii) to serve an infringement notice under section 80 on—\n\n(A) the operator of the vehicle involved in the offence; or\n\n(B) the person nominated by an authorised person in a tolling nomination statement; or\n\n(iii) to commence proceedings in respect of that offence under this Part.\n\nS. 77(1)(c) amended by No. 102/1998 s. 18(1)(f), repealed by No. 110/2004 s. 11(3).\n\nS. 77(1A) inserted by No. 81/2000 s. 22(2) (as amended by No. 54/2001 s. 47(1)), amended by No. 74/2007 s. 68(3).\n\n(1A) If the relevant corporation or an authorised person, believes, on reasonable grounds, that a vehicle that is not registered under this Part has, in respect of a particular toll zone, been driven in that toll zone in contravention of this Part, the relevant corporation may notify the enforcement agency of that belief and request the enforcement agency to send a notice of the requirement to be registered under this Part in respect of that toll zone to the operator of the vehicle concerned.\n\nS. 77(2) amended by Nos 102/1998 s. 18(3), 45/1999 s. 48(3).\n\n(2) Nothing in subsection (1) requires the relevant corporation or an authorised person to notify the enforcement agency of an offence under this Part.\n\nS. 77(3) inserted by No. 17/2022 s. 102.\n\n(3) After a request is made to the enforcement agency under subsection (1)(b)(ii), the relevant corporation may withdraw that request if the relevant corporation considers it appropriate to do so having regard to the circumstances of the person in respect of whom the request was made.\n\nS. 77(4) inserted by No. 17/2022 s. 102.\n\n(4) If the relevant corporation withdraws a request under subsection (3), it must notify the enforcement agency of that withdrawal.\n\nS. 77(5) inserted by No. 17/2022 s. 102.\n\n(5) On receiving a notification under subsection (4), the enforcement agency must withdraw any infringement notice served in respect of the request that the relevant corporation has withdrawn under subsection (3).\n\nS. 77(6) inserted by No. 17/2022 s. 102.\n\n(6) If an enforcement agency withdraws an infringement notice under subsection (5)—\n\n(a) the enforcement agency—\n\n(i) must notify the person who was served the infringement notice that the infringement notice has been withdrawn; and\n\n(ii) must not take any further action with respect to the matter; and\n\n(b) the relevant corporation must not take any further action with respect to the matter.\n\n","sortOrder":145},{"sectionNumber":"78","sectionType":"section","heading":"Disputes in relation to payment of tolls","content":"\t78 Disputes in relation to payment of tolls\n\nS. 78(1) amended by Nos 102/1998 s. 18(4), 45/1999 s. 48(4), substituted by No. 81/2000 s. 23 (as amended by No. 54/2001 s. 47(2)), amended by Nos 110/2004 s. 11(4), 95/2005 s. 3(1)(c), 74/2007 s. 69(1).\n\n(1) If a relevant corporation or an authorised person has made a request under section 77(1)(b)(i), the enforcement agency may send, by post, a request for payment of the toll and toll administration fee payable in respect of the use of the vehicle in the toll zone to the person who appears to be liable to pay the toll and fee.\n\nS. 78(1A) inserted by No. 81/2000 s. 23 (as amended by No. 54/2001 s. 47(2)), amended by No. 74/2007 s. 69(2).\n\n(1A) If a relevant corporation or an authorised person has made a request under section 77(1A), the enforcement agency may send, by post, a notice of the requirement to be registered under this Part in respect of the toll zone to the operator of the vehicle concerned.\n\nS. 78(2) amended by No. 102/1998 s. 18(6)(a)(b).\n\n(2) If a dispute resolution process set out in an agreement referred to in section 73B(1) or established by the relevant corporation relating to the registration, or non-registration, at a particular time of a vehicle under this Part is in progress, proceedings (other than civil proceedings) cannot be commenced under this Part relating to the non‑registration of the vehicle at that time.\n\n","sortOrder":146},{"sectionNumber":"79","sectionType":"section","heading":"Enforcement agency may authorise persons","content":"\t79 Enforcement agency may authorise persons\n\n(1) An enforcement agency may authorise any person to carry out functions for the purposes of this Part.\n\n(2) An authorisation must be in writing.\n\n","sortOrder":147},{"sectionNumber":"80","sectionType":"section","heading":"Power to serve a notice","content":"\t80 Power to serve a notice\n\nS. 80(1) amended by No. 102/1998 s. 19(1)(a).\n\n(1) If an enforcement officer has reason to believe that a person has committed an offence against section 73, he or she may cause an infringement notice to be served on that person.\n\nS. 80(2) amended by Nos 102/1998 s. 19(1)(b), 49/2004 s. 10, 95/2005 s. 3(1)(d), substituted by No. 32/2006 s. 84(1).\n\n(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\nS. 80(2A) inserted by No. 81/2006 s. 27(1).\n\n(2A) In addition to and without limiting section 12 of the **Infringements Act 2006**, an infringement notice referred to in subsection (1) may be served by sending the notice by post addressed to—\n\nS. 80(2A)(a) substituted by No. 81/2006 s. 27(2)(a).\n\n(a) the responsible person (within the meaning of Part 6AA of the **Road Safety Act 1986**) in relation to the vehicle involved in the offence; or\n\nS. 80(2A)(b) amended by Nos 14/2007 s. 6(1), 81/2006 s. 27(2)(b) (as substituted by No. 14/2007 s. 6(8)), substituted by No. 74/2007 s. 70.\n\n(b) the person nominated in a tolling nomination statement that has been made by an authorised person and accepted by an enforcement official as an effective statement under Part 6AA of the **Road Safety Act 1986**.\n\nS. 80(3) inserted by No. 102/1998 s. 19(2).\n\n(3) An enforcement officer may cause to be served together with an infringement notice a notice containing information about the requirements arising under this Act in relation to the use of a vehicle in a toll zone.\n\nS. 80A inserted by No. 4/2000 s. 6.\n\n","sortOrder":148},{"sectionNumber":"80A","sectionType":"section","heading":"Toll administration infringement notice","content":"\t80A Toll administration infringement notice\n\nS. 80A(1) amended by No. 70/2016 s. 44.\n\n(1) If an enforcement officer has reason to believe that a relevant agency (other than the enforcement agency) has committed an offence against section 92(1) or (3), he or she may cause an infringement notice to be served on that relevant agency.\n\nS. 80A(2) substituted by No. 32/2006 s. 84(2).\n\n(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\nS. 81 amended by No. 102/1998 s. 19(3), repealed by No. 32/2006 s. 84(3).\n\nS. 82 amended by Nos 102/1998 s. 20, 4/2000 s. 7(1)(2) (ILA s. 39B(1)).\n\n","sortOrder":149},{"sectionNumber":"82","sectionType":"section","heading":"Prescribed penalty","content":"\t82 Prescribed penalty\n\nS. 82(1) amended by No. 102/1998 s. 20, substituted by Nos 13/2002 s. 13(1), 110/2004 s. 11(5), amended by No. 74/2007 s. 71(1).\n\n(1) The prescribed penalty for an offence for which an infringement notice is issued under section 80 is 1 penalty unit.\n\nS. 82(2) inserted by No. 4/2000 s. 7(2), amended by No. 74/2007 s. 71(2).\n\n(2) The prescribed penalty for an offence for which an infringement notice is issued under section 80A is 20 penalty units.\n\nS. 82(3) inserted by No. 13/2002 s. 13(2), repealed by No. 110/2004 s. 11(6).\n\nS. 83 amended by Nos 102/1998 s. 24(d), 49/2004 s. 11, 21/2005 s. 58(1)(a), repealed by No. 32/2006 s. 84(3).\n\n","sortOrder":150},{"sectionNumber":"84","sectionType":"section","heading":"Payment of penalty and other amounts","content":"\t84 Payment of penalty and other amounts\n\nS. 84(1) amended by Nos 102/1998 s. 24(e), 110/2004 s. 11(7), substituted by No. 32/2006 s. 85(1).\n\n(1) In addition to and without limiting Division 5 of Part 2 of the **Infringements Act 2006**—\n\n(a) if the person pays the penalty shown in the infringement notice; or\n\n(b) if the enforcement officer allows, at any time before the service of a summons in respect of the offence—\n\nany debt that arose under section 72 as a result of the person driving in the toll zone on the day of the offence in the vehicle that was the subject of the offence is extinguished.\n\nS. 84(2) repealed by No. 32/2006 s. 85(2).\n\nS. 84(3)(4) repealed by No. 102/1998 s. 24(f).\n\n","sortOrder":151},{"sectionNumber":"85","sectionType":"section","heading":"Notice not to prejudice further proceedings","content":"\t85 Notice not to prejudice further proceedings\n\nS. 85(1) amended by No. 102/1998 s. 24(g), repealed by No. 32/2006 s. 85(2).\n\nS. 85(2) amended by No. 102/1998 s. 24(h).\n\n(2) If proceedings have been taken or continued for an alleged offence because the person has not paid the penalty specified in the infringement notice and a conviction is imposed by the court, the conviction must not be taken to be a conviction for any purpose except in relation to—\n\n(a) the making of the conviction itself; and\n\n(b) subsequent proceedings which may be taken in respect of the conviction itself, including proceedings by way of appeal.\n\nS. 86 (Heading) inserted by No. 32/2006 s. 85(3), amended by No. 47/2014 s. 284(1).\n\nS. 86 substituted by No. 102/1998 s. 21.\n\n","sortOrder":152},{"sectionNumber":"86","sectionType":"section","heading":"Application of Infringements Act 2006 or Fines Reform Act 2014 procedure","content":"\t86 Application of Infringements Act 2006 or Fines Reform Act 2014 procedure\n\nS. 86(1) substituted by No. 4/2000 s. 8(1), amended by Nos 21/2005 s. 58(1)(b), 32/2006 s. 85(4)(a), 48/2006 s. 42(Sch. item 26.1(a)), 47/2014 s. 284(2).\n\n(1) The procedure set out in the **Infringements Act 2006** or the **Fines Reform Act 2014** or in Schedule 3 to the **Children, Youth and Families Act 2005** may be used instead of commencing a proceeding against—\n\n(a) a person for an offence against section 73(1) of this Act; or\n\nS. 86(1)(b) amended by No. 70/2016 s. 45.\n\n(b) a relevant agency (other than the enforcement agency) for an offence against section 92(1) or (3) of this Act.\n\nS. 86(2) amended by Nos 21/2005 s. 58(1)(c), 32/2006 s. 85(4)(b), 48/2006 s. 42(Sch. item 26.1(b)), 47/2014 s. 284(3).\n\n(2) The **Infringements Act 2006**, the **Fines Reform Act 2014** or the **Children, Youth and Families Act 2005**, as the case may be, as modified by subsection (4), applies for the purposes of subsection (1).\n\nS. 86(3) amended by No. 4/2000 s. 8(2), substituted by No. 32/2006 s. 85(5), repealed by No. 47/2014 s. 284(4).\n\nS. 86(4) inserted by No. 21/2005 s. 58(2), amended by No. 48/2006 s. 42(Sch. item 26.1(c)(i)).\n\n(4) The **Children, Youth and Families Act 2005** applies as if—\n\nS. 86(4)(a) amended by No. 48/2006 s. 42(Sch. item 26.1 (c)(ii)).\n\n(a) an infringement notice under this Part were an infringement notice within the meaning of Schedule 3 to that Act;\n\n(b) an offence referred to in subsection (1) were a prescribed offence within the meaning of that Schedule;\n\n(c) the prescribed penalty for the offence stated in the infringement notice were the infringement penalty for the purposes of that Schedule.\n\n","sortOrder":153},{"sectionNumber":"87","sectionType":"section","heading":"Offences detected by prescribed tolling device","content":"\t87 Offences detected by prescribed tolling device\n\nS. 87(1) amended by Nos 102/1998 s. 22(1)(a)(i), 92/2001 s. 32(3, substituted by No. 81/2006 s. 28(1).\n\n(1) An offence against section 73(1) is an operator onus offence for the purposes of Part 6AA of the **Road Safety Act 1986**.\n\nS. 87(2) amended by No. 102/1998 s. 22(1)(a)(ii), repealed by No. 81/2006 s. 28(2).\n\nS. 87(3) amended by Nos 94/2003 s. 43, 49/2004 s. 12, 21/2005 s. 58(3)(a), 32/2006 s. 85(6)(a), 48/2006 s. 42(Sch. item 26.2), 14/2007 s. 6(2)–(4), repealed by No. 81/2006 s. 28(2).\n\nS. 87(3AA) inserted by No. 14/2007 s. 6(5), repealed by No. 93/2009 s. 30.\n\nS. 87(3A) inserted by No. 94/2003 s. 43(3), amended by Nos 49/2004 s. 12(3), 21/2005 s. 58(3)(b), 32/2006 s. 85(6)(b), repealed by No. 81/2006 s. 28(2).\n\nS. 87(4) amended by Nos 94/2003 s. 43(4), 49/2004 s. 12(4), 14/2007 s. 6(6), repealed by No. 81/2006 s. 28(2).\n\nS. 87(5) amended by Nos 94/2003 s. 43(4), 49/2004 s. 12(4)(5), 95/2005 s. 3(1)(e), 14/2007 s. 6(6), repealed by No. 81/2006 s. 28(2).\n\nS. 87(6) inserted by No. 49/2004 s. 12(6).\n\n(6) This section does not apply if the vehicle driven in a toll zone contrary to section 73(1) is a taxi-cab and an infringement notice is served, in accordance with section 80(2)(b)(ii), on the person allegedly driving the taxi-cab at the time of the offence and that infringement notice—\n\n(a) is not withdrawn; or\n\n(b) is withdrawn and proceedings are taken against that person.\n\nS. 87(7) inserted by No. 110/2004 s. 12, repealed by No. 81/2006 s. 28(2).\n\nS. 87A inserted by No. 110/2004 s. 13, substituted by No. 24/2005 s. 23.\n\n","sortOrder":154},{"sectionNumber":"87A","sectionType":"section","heading":"Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone","content":"\t87A Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone\n\nS. 87A(1) amended by Nos 21/2005 s. 58(3)(c) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(a), 48/2006 s. 42(Sch. item 26.3), 47/2014 s. 285(1), 17/2022 s. 103(1).\n\n(1) If an infringement notice for an offence against section 73(1) is not served by delivering it personally to the person to whom it was issued, and that person is not in fact aware that it had been issued, the person may apply to the Director, Fines Victoria or a registrar (within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court, as the case may be, to have an extension of time of 28 days to deal with the notice in accordance with this Act.\n\n(2) An application under subsection (1) must—\n\n(a) be made within 14 days of the applicant becoming aware of the notice; and\n\nS. 87A(2)(b) amended by No. 17/2022 s. 103(2).\n\n(b) be filed with the Director, Fines Victoria or registrar (as appropriate); and\n\nS. 87A(2)(c) amended by No. 6/2018 s. 68(Sch. 2 item 87).\n\n(c) be accompanied by a sworn or affirmed statement in writing or by a statutory declaration setting out the grounds on which the extension is sought.\n\nS. 87A(3) amended by Nos 32/2006 s. 85(7)(b), 47/2014 s. 285(2), repealed by No. 17/2022 s. 103(3).\n\nS. 87A(4) amended by Nos 21/2005 s. 58(3)(d) (as amended by No. 24/2005 s. 31(3)), 48/2006 s. 42(Sch. item 26.3), 17/2022 s. 103(4).\n\n(4) The Director, Fines Victoria or a registrar (within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court, as the case may be, may only grant an extension of time if satisfied that the person was not in fact aware, more than 14 days before making an application under subsection (1), that the infringement notice had been issued.\n\n(5) On the granting of the extension of time—\n\nS. 87A(5)(a) amended by Nos 21/2005 s. 58(3)(e) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(c), 48/2006 s. 42(Sch. item 26.3), 9/2008 s. 42(1)(a), substituted by No. 47/2014 s. 285(3)(a).\n\n(a) the infringement notice continues to have effect, unless withdrawn under section 18 of the **Infringements Act 2006**, despite the doing of any thing or the taking of any step in relation to it under Schedule 3 to the **Children, Youth and Families Act 2005** before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and\n\nS. 87A(5)(b) repealed by No. 9/2008 s. 42(1)(b), new s. 87A(5)(b) inserted by No. 47/2014 s. 285(3)(a).\n\n(b) the infringement notice continues to have effect, unless withdrawn under section 18 of the **Infringements Act 2006**, despite the doing of any thing or the taking of any step in relation to it under the **Fines Reform Act 2014** before the extension of time was granted, but if a notice of final demand has been served in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and\n\nS. 87A(5)(c) substituted by No. 9/2008 s. 42(1)(c).\n\n(c) the period specified in the infringement notice as the period for payment of the infringement penalty does not apply and the extended period becomes the period in which payment of the infringement penalty must be made; and\n\nS. 87A(5)(d) amended by Nos 21/2005 s. 58(3)(e) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(c), 48/2006 ss 38, 42(Sch. item 26.3), substituted by No. 47/2014 s. 285(3)(b), amended by No. 46/2024 s. 47.\n\n(d) any infringement fine or part of an infringement fine within the meaning of the **Fines Reform Act 2014**, any infringement penalty or part of an infringement penalty within the meaning of the **Infringements Act 2006**, any additional fee or cost that has been added to an infringement fine or infringement penalty under the **Fines Reform Act 2014**, the **Infringements Act 2006** or regulations made under either of those Acts  or any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005** that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly), if the person takes a relevant action in relation to the notice within the extended period; and\n\nS. 87A(5)(e) amended by Nos 21/2005 s. 58(3)(e) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(c)(d), 48/2006 s. 42(Sch. item 26.3), 9/2008 s. 42(1)(d), 47/2014 s. 285(3)(c).\n\n(e) any of the procedures set out in the **Fines Reform Act 2014** or Schedule 3 to the **Children, Youth and Families Act 2005** that are being used for the enforcement of the infringement penalty within the meaning of that Act or that Schedule, as the case requires, must be discontinued and any notice of final demand served or enforcement warrant issued, under that Act or that Schedule, as the case requires, ceases to have effect if the person takes a relevant action in relation to the notice within the extended period.\n\nS. 87A(5)(f) amended by Nos 21/2005 s. 58(3)(e) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(c), 48/2006 s. 42(Sch. item 26.3), repealed by No. 9/2008 s. 42(1)(e).\n\nS. 87A(5)(g) repealed by No. 9/2008 s. 42(1)(e).\n\n(6) For the purposes of subsection (5) a person who is granted an extension of time as referred to in subsection (1) only takes a relevant action in relation to an infringement notice if the person—\n\n(a) pays the whole of the penalty shown on the infringement notice; or\n\nS. 87A(6)(b) amended by No. 14/2007 s. 6(7), substituted by No. 9/2008 s. 42(2).\n\n(b) gives a statement under section 84BE of the **Road Safety Act 1986** to an enforcement official within the meaning of Part 6AA of that Act; or\n\nS. 87A(6)(c) amended by No. 21/2005 s. 58(3)(f) (as amended by No. 24/2005 s. 31(3)), substituted by No. 32/2006 s. 85(7)(e), amended by No. 48/2006 s. 42(Sch. item 26.3), substituted by No. 9/2008 s. 42(2).\n\n(c) elects to have the matter heard and determined in the Magistrates' Court under Part 2 of the **Infringements Act 2006** or, in the case of a child, elects to have the matter heard and determined in the Children's Court; or\n\nS. 87A(6)(d) inserted by No. 32/2006 s. 85(7)(e), amended by No. 47/2014 s. 285(4)(a).\n\n(d) is offered a payment plan in accordance with the **Infringements Act 2006** and the enforcement agency under that Act receives the first payment under that plan from the person; or\n\nS. 87A(6)(da) inserted by No. 47/2014 s. 285(4)(b), amended by No. 17/2022 s. 103(5).\n\n(da) makes a payment arrangement in accordance with the **Fines Reform Act 2014** and the Director, Fines Victoria receives the first payment under that payment arrangement from the person; or\n\nS. 87A(6)(e) inserted by No. 32/2006 s. 85(7)(e), amended by No. 47/2014 s. 285(4)(c).\n\n(e) in the case of a person who applies under section 22 of the **Infringements Act 2006** for an internal review, is notified of a decision in accordance with section 25(1)(b), (c) or (d) or (2) or (2A) of that Act.\n\nS. 87A(7) amended by Nos 21/2005 s. 58(3)(f)(g) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(f), 48/2006 s. 42(Sch. item 26.3), 9/2008 s. 42(3), 47/2014 s. 285(5), 17/2022 s. 103(6).\n\n(7) If the Director, Fines Victoria or a registrar (within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court, as the case may be, grants an extension of time as referred to in subsection (1), an infringement notice may be withdrawn under section 18 of the **Infringements Act 2006** even though the outstanding amount of an infringement fine is registered with the Director, Fines Victoria under the **Fines Reform Act 2014** or registered under Schedule 3 to the **Children, Youth and Families Act 2005**, as the case requires.\n\nS. 87A(8) repealed by No. 9/2008 s. 42(4).\n\nS. 87A(9) inserted by No. 32/2006 s. 85(8).\n\n(9) Despite anything to the contrary in this section or the **Infringements Act 2006**, the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has—\n\n(a) applied for an internal review under section 22 of that Act which has not been determined, until the application is determined and the applicant notified of the outcome; or\n\n(b) applied for a payment plan under section 46 of that Act, until—\n\n(i) the person is notified that his or her application for a payment plan has been refused; or\n\n(ii) in the case of a payment plan that has been offered, the payment plan is cancelled under section 48(2) of that Act; or\n\n(iii) in the case of a payment plan that has commenced—\n\n(A) the payment plan is cancelled under section 49(2)(b) of that Act; or\n\n(B) the infringement penalty in respect of that infringement notice is removed from the payment plan under section 49(2)(a) of that Act; or\n\n(C) the person receives written notice under section 52(2) of that Act advising the person that he or she is in default.\n\nS. 87A(10) inserted by No. 47/2014 s. 285(6) (as amended by No. 59/2017 s. 106).\n\n(10) Despite anything to the contrary in this section, the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has—\n\n(a) applied for enforcement review under section 32 of the **Fines Reform Act 2014** which has not been determined, until the application is determined and the applicant notified of the outcome; or\n\n(b) applied for a payment arrangement under the **Fines Reform Act 2014**, until—\n\n(i) the person is notified that the person's application for a payment arrangement has been refused; or\n\n(ii) in the case of a proposed payment arrangement, the payment arrangement does not commence in accordance with section 47 of the **Fines Reform Act 2014**; or\n\n(iii) in the case of a payment arrangement that has commenced—\n\n(A) the payment arrangement is cancelled under section 49(2) of the **Fines Reform Act 2014**; or\n\n(B) the infringement fine in respect of that infringement notice is removed from the payment arrangement under section 48 of the **Fines Reform Act 2014**; or\n\n(C) the person receives written notice under section 56(2) of the **Fines Reform Act 2014** advising the person that the person is in default.\n\nS. 88 substituted by No. 102/1998 s. 23, amended by No. 8/2019 s. 123.\n\n","sortOrder":155},{"sectionNumber":"88","sectionType":"section","heading":"Proof that vehicle driven in toll zone","content":"\t88 Proof that vehicle driven in toll zone\n\nWithout prejudice to any other method of proving the relevant fact, if the fact that a vehicle was driven or a trailer was towed in a toll zone is relevant in proceedings for an offence against section 73(1) or for the recovery of a debt, evidence of that fact as indicated or determined by—\n\n(a) a prescribed tolling device that was used in the prescribed manner; or\n\n(b) an image or message produced by a prescribed process—\n\nis admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the fact.\n\n","sortOrder":156},{"sectionNumber":"89","sectionType":"section","heading":"General evidentiary provisions","content":"\t89 General evidentiary provisions\n\nS. 89(1) amended by No. 102/1998 s. 22(1)(b).\n\n(1) A certificate in the prescribed form purporting to be issued by the enforcement  agency certifying as to any matter related to a toll which appears in or can be calculated from the records kept by the enforcement agency is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of that matter.\n\nS. 89(2) amended by Nos 50/1998  \ns. 21, 102/1998 s. 22(1)(b)(c), 92/2001 s. 32(4), 74/2007 s. 72(1), 70/2013 s. 4(Sch. 2 item 31.2), 3/2017 s. 50(Sch. 1 item 3), 8/2019 s. 124 (as amended by No. 49/2019 s. 168), 49/2019 s. 186(Sch. 4 item 28.39(a)).\n\n(2) A certificate in the prescribed form purporting to be issued by the the Head, Transport for Victoria or the Secretary or an authorised person certifying that on a particular date a vehicle or trailer was registered under the **Road Safety Act 1986** in the name of a particular person is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that, on that date, the person was the operator of the vehicle or trailer.\n\nS. 89(3) amended by Nos 102/1998 s. 22(1)(b), 74/2007 s. 72(2), 8/2019 s. 124 (as amended by No. 49/2019 s. 168).\n\n(3) A certificate or document which purports to have been issued under a corresponding law certifying that on a particular date a vehicle or trailer was registered under that corresponding law in the name of a particular person is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that, on that date, the person was the operator of the vehicle or trailer.\n\nS. 89(3A) inserted by No. 92/2001 s. 32(5), amended by Nos 70/2013 s. 4(Sch. 2 item 31.2), 8/2019 s. 124 (as amended by No. 49/2019 s. 168), 49/2019 s. 186(Sch. 4 item 28.39(b)).\n\n(3A) A certificate containing the prescribed particulars purporting to be issued by the Secretary or an authorised person certifying that on a particular date—\n\nS. 89(3A)(a) amended by No. 8/2019 s. 124 (as amended by No. 49/2019 s. 168).\n\n(a) a particular registration number was assigned to a particular vehicle or trailer; or\n\n(b) a particular person was entitled, or last entitled, to use or possess a number plate bearing a particular registration number—\n\nis admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that registration number was assigned to that vehicle or trailer or that person was entitled, or last entitled, to use or possess that number plate, as the case requires.\n\nS. 89(3B) inserted by No. 92/2001 s. 32(5), amended by Nos 74/2007 s. 72(3)(a), 8/2019 s. 124 (as amended by No. 49/2019 s. 168).\n\n(3B) A certificate or document which purports to have been issued under any corresponding law certifying that on a particular date—\n\nS. 89(3B)(a) amended by Nos 74/2007 s. 72(3)(b), 8/2019 s. 124 (as amended by No. 49/2019 s. 168).\n\n(a) a particular registration number was assigned under the corresponding law to a particular vehicle or trailer; or\n\nS. 89(3B)(b) amended by No. 74/2007 s. 72(3)(b).\n\n(b) a particular person was entitled, or last entitled, under the corresponding law to use or possess a number plate bearing a particular registration number—\n\nis admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that on that date that registration number was assigned to that vehicle or trailer or that person was entitled, or last entitled, to use or possess that number plate, as the case requires.\n\nS. 89(4) substituted by No. 102/1998 s. 22(2).\n\n(4) A certificate in the prescribed form purporting to be issued by a relevant corporation, or a person authorised by a relevant corporation, certifying—\n\nS. 89(4)(a) amended by No. 4/2000 s. 9.\n\n(a) that a specified vehicle was, or was not, registered under this Part in respect of a specified toll zone at a specified time; or\n\n(b) that the relevant corporation was, or was not, a party to an agreement relating to the use of a specified vehicle in a toll zone at a specified time; or\n\n(c) that an agreement between a person and the relevant corporation relating to the use of a specified vehicle in a toll zone—\n\n(i) existed, or did not exist, at a specified time; or\n\n(ii) contained, or did not contain, specified terms; or\n\nS. 89(4)(ca) inserted by No. 49/2004 s. 13.\n\n(ca) that a specified vehicle was, or was not, covered by a tollway billing arrangement at a specified time; or\n\n(d) that a prescribed tolling device was used in the prescribed manner; or\n\n(e) that an image or message was produced by a prescribed process; or\n\n(f) as to any other matter that appears in, or that can be determined or calculated from, the records kept by the relevant corporation—\n\nis admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.\n\nS. 89(5) inserted by No. 92/2001 s. 32(6), amended by No. 49/2019 s. 186(Sch. 4 item 28.39(c)).\n\n(5) In this section—\n\n***authorised person*** means a person who is authorised or who is the holder of a position authorised for the purposes of this section by the Secretary.\n\nPt 4 Div. 3 (Heading and ss 90–91) amended[[8]](#endnote-9), substituted as Pt 4 Div. 3 (Heading and s. 90) by No. 70/2016 s. 46.\n\nDivision 3—Disclosure of certain information\n\nS. 90 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 28.40).\n\nS. 90 substituted by No. 70/2016 s. 46.\n\n","sortOrder":157},{"sectionNumber":"90","sectionType":"section","heading":"Secretary may disclose certain information","content":"\t90 Secretary may disclose certain information\n\nS. 90(1) amended by No. 49/2019 s. 186(Sch. 4 item 28.41), substituted by No. 8/2019 s. 125(1) (as amended by No. 49/2019 s. 169(2)(3)).\n\n(1) The Secretary or a relevant person may disclose information about a vehicle or trailer registered under Part 2 of the **Road Safety Act 1986**,  for the purposes of this Part—\n\n(a) to an enforcement agency; or\n\n(b) to a person who is employed in the Department, or who is engaged to provide services, for the Secretary, a relevant person or an enforcement agency.\n\nS. 90(1A) inserted by No. 8/2019 s. 125(1) (as amended by No. 49/2019 s. 169(2)(3)).\n\n(1A) The Secretary or a relevant person may disclose information about a vehicle or trailer registered under Part 2 of the **Road Safety Act 1986**,  for the purpose of sending a request to a responsible person for the payment of a toll or a toll administration fee—\n\nS. 90(1B) inserted by No. 8/2019 s. 125(1) (as amended by No. 49/2019 s. 169(2)(3)).\n\n(1B) The Secretary or a relevant person may disclose the driver licence information of  a responsible person, for the purpose of taking action for the recovery of a toll or a toll administration fee from the responsible person in accordance with arrangements that comply with the minimum debt recovery requirements—\n\nS. 90(2) amended by Nos 8/2019 s. 125(2), 49/2019 s. 186(Sch. 4 item 28.41(b)).\n\n(2) Despite section 90N of the **Road Safety Act 1986**, the Secretary or a relevant person may disclose the information under subsection (1) even if it has not entered into an information protection agreement under that section with the enforcement agency or the person.\n\nS. 90(3) amended by No. 8/2019 s. 125(3).\n\n(3) Sections 90N and 90Q(2) and (3) of the **Road Safety Act 1986** apply to a disclosure of information under subsection (1A) or (1B) as if it were a disclosure of information authorised under Part 7B of that Act.\n\nS. 90(4) inserted by No. 8/2019 s. 125(4) (as amended by No. 49/2019 s. 169(4)).\n\n(4) In this section—\n\nS. 90(4) def. of *driver licence information* amended by No. 18/2020 s. 138.\n\n***driver licence information*** means any of the following information held by the Secretary for the purpose of the Secretary's licensing functions under Part 3 of the **Road Safety Act 1986**—\n\n(a) a person's name;\n\n(b) a driver licence number;\n\n(c) a date of birth;\n\n(d) a telephone number;\n\n(e) an email address;\n\n(f) a residential address;\n\n***information protection agreement*** has the same meaning as it has in section 90I of the **Road Safety Act 1986**;\n\n***minimum debt recovery requirements*** means the requirements specified by the Minister under section 72C(1);\n\n***relevant person*** has the same meaning as it has in section 90I of the **Road Safety Act 1986**.\n\nNew s. 91 inserted by No. 18/2020 s. 139.\n\n","sortOrder":158},{"sectionNumber":"91","sectionType":"section","heading":"Secretary must disclose certain interstate information","content":"\t91 Secretary must disclose certain interstate information\n\n(1) At the request of a person referred to in paragraph (a) or (b), the Secretary must disclose information to which the Secretary has access about a vehicle or trailer registered in another State or a Territory, for the purpose of sending a request to a responsible person for the payment of a toll or a toll administration fee—\n\n(2) At the request of a person referred to in paragraph (a) or (b), the Secretary must disclose the interstate driver licence information of a responsible person for the purpose of taking action for the recovery of a toll or a toll administration fee from the responsible person in accordance with arrangements that comply with the minimum debt recovery requirements—\n\n(3) Sections 90N and 90Q(2) and (3) of the **Road Safety Act 1986** apply to a disclosure of information under subsection (1) or (2) as if it were a disclosure of information authorised under Part 7B of that Act.\n\n(4) In this section—\n\n***interstate driver licence information*** means any of the following information to which the Secretary has access, being information for the purpose of a law of another State or a Territory that corresponds with Part 3 of the **Road Safety Act 1986**—\n\n(a) a person's name;\n\n(b) a driver licence number;\n\n(c) a date of birth;\n\n(d) a telephone number;\n\n(e) an email address;\n\n(f) a residential address;\n\n***minimum debt recovery requirements*** means the requirements specified by the Minister under section 72C(1).\n\nPt 4 Div. 4 (Heading) inserted by No. 102/1998 s. 32(c).\n\nDivision 4—Records\n\n","sortOrder":159},{"sectionNumber":"92","sectionType":"section","heading":"Relevant corporation to keep proper records","content":"\t92 Relevant corporation to keep proper records\n\nS. 92(1) amended by No. 102/1998 s. 24(i), substituted by No. 4/2000 s. 10.\n\n(1) A relevant corporation must keep records that correctly record or enable it to be determined or calculated—\n\n(a) whether or not the relevant corporation has registered a vehicle under section 73A and, if it has so registered a vehicle—\n\n(i) the period of that registration;\n\n(ii) the toll zone or zones in respect of which the vehicle is registered;\n\n(iii) in the case of registration in accordance with section 73C, the conditions of use notified to the person who sought the registration and the manner in which those conditions were notified to that person;\n\n(b) whether, and if so what, information has been given under section 73D(1) to a person who sought registration of a vehicle;\n\n(c) any cancellation or suspension by the relevant corporation of a registration and the date and time on which that cancellation or suspension came into operation;\n\n(d) whether or not an agreement referred to in section 73B existed or exists between the relevant corporation and a person and, if so, the period for which that agreement had or has force and the terms of that agreement;\n\n(e) any toll, fee or charge that has been paid, or that is due, to the relevant corporation under this Part and any amount that stands to the credit of a person in respect of any vehicle registered under this Part;\n\n(f) whether or not a vehicle is exempted under section 73(5) from the requirement to be registered under this Part and any conditions of that exemption.\n\nS. 92(2) substituted by No. 102/1998 s. 26(1).\n\n(2) A person authorised by the Minister may enter the offices of a relevant agency during ordinary business hours to inspect its records required by, or created for the purposes of, this Part.\n\nS. 92(3) amended by No. 102/1998 s. 26(2).\n\n(3) A relevant agency must not prevent a person authorised under subsection (2) from carrying out an inspection under that subsection.\n\n","sortOrder":160},{"sectionNumber":"93","sectionType":"section","heading":"Destruction of records","content":"\t93 Destruction of records\n\nS. 93(1) amended by No. 102/1998 s. 24(i).\n\n(1) A relevant corporation must cause any records it holds in relation to the non-payment of a toll to be destroyed within 2 years after the creation of the records or within any shorter or longer period prescribed by the regulations.\n\n(2) Subsection (1) does not apply to records which do not identify any person or vehicle.\n\nS. 93(3) inserted by No. 81/2000 s. 25.\n\n(3) Subsection (1) does not apply to records which are required for legal proceedings, being proceedings which commenced before the date on which, under subsection (1), the records would be required to be destroyed.\n\nPt 4 Div. 5 (Heading and ss 93AA–93AC) inserted by No. 14/2007 s. 18.\n\nDivision 5—Link roaming agreements\n\nS. 93AA inserted by No. 14/2007 s. 18.\n\n\t93AA Definitions\n\n***commencement day*** means the date of commencement of section 18 of the **Road Legislation Amendment Act 2007**;\n\n***EastLink Agreement*** means the Agreement within the meaning of the **EastLink Project Act 2004**;\n\n***EastLink toll zone*** means a toll zone within the meaning of the **EastLink Project Act 2004**;\n\n***Freeway Corporation*** has the same meaning as it has in the **EastLink Project Act 2004**;\n\n***Link roaming agreement*** means an agreement between the relevant corporation and the Freeway Corporation relating to the use in EastLink toll zones of a class or classes of vehicles that are registered with the relevant corporation;\n\n***Link roaming service*** means a service relating to the billing and payment of amounts for tolls and charges relating to the use in EastLink toll zones of a class or classes of vehicles that are registered with the relevant corporation;\n\n***net incremental marginal cost*** in relation to a Link roaming service, means—\n\n(a) the additional cost to the relevant corporation of providing the Link roaming service (net of any savings) calculated in accordance with a determination under section 93AC(1); or\n\n(b) the amount that is determined under section 93AC(2) to be the net incremental marginal cost to the relevant corporation of providing the Link roaming service; or\n\n(c) if neither paragraph (a) nor paragraph (b) applies, the additional cost to the relevant corporation of providing the Link roaming service (net of any savings);\n\nS. 93AA def. of *Secretary* amended by No. 70/2013 s. 4(Sch. 2 item 31.3), repealed by No. 25/2025 s. 106(Sch. 1 item 27.2).\n\nS. 93AB inserted by No. 14/2007 s. 18.\n\n\t93AB Roaming fees\n\n(1) For the duration of the concession period (within the meaning of the Agreement) or the concession period (within the meaning of the EastLink Agreement) whichever expires first, the fee or charge that may be imposed by the relevant corporation on the Freeway Corporation under a Link roaming agreement for the provision of a Link roaming service must not exceed the amount that represents the net incremental marginal cost to the relevant corporation of providing that Link roaming service.\n\n(2) Any agreement or arrangement existing on or after the commencement day that is inconsistent with subsection (1) is void to the extent of the inconsistency.\n\nS. 93AC inserted by No. 14/2007 s. 18.\n\n\t93AC Determination of net incremental marginal cost\n\n(1) The Secretary may, by notice published in the Government Gazette, determine the method and criteria to be used for calculating the additional cost to the relevant corporation of providing a Link roaming service.\n\n(2) The Secretary, on the joint application of the relevant corporation and the Freeway Corporation, may, by notice published in the Government Gazette, determine an amount to be the net incremental marginal cost to the relevant corporation of providing a Link roaming service.\n\n(3) A determination of an amount under subsection (2) may provide for the amount to be a variable amount to be determined in accordance with an agreement existing at the date of the determination between the relevant corporation and the Freeway Corporation.\n\n(4) The Secretary must not make a determination under subsection (2) unless the Secretary is satisfied that the amount to be determined has been agreed to by the relevant corporation and the Freeway Corporation.\n\n(5) On the publication in the Government Gazette of a determination under this section, any existing determination under this section is revoked.\n\nPt 4 Div. 6 (Heading and ss 93AD–93AF) inserted by No. 8/2019 s. 126.\n\nDivision 6—West Gate Tunnel roaming agreements\n\nS. 93AD inserted by No. 8/2019 s. 126.\n\n\t93AD Definitions\n\n***net incremental marginal cost***, in relation to a West Gate Tunnel roaming service, means—\n\n(a) the additional cost to the relevant corporation of providing the West Gate Tunnel roaming service (net of any savings) calculated in accordance with a determination referred to in section 93AF(1); or\n\n(b) the amount that is determined to be the net incremental marginal cost to the relevant corporation of providing the West Gate Tunnel roaming service as referred to in section 93AF(2); or\n\n(c) if neither paragraph (a) nor paragraph (b) applies, the additional cost to the relevant corporation of providing the West Gate Tunnel roaming service (net of any savings);\n\nS. 93AD def. of *Secretary* repealed by No. 25/2025 s. 106(Sch. 1 item 27.3).\n\n***West Gate Tunnel Agreement*** has the same meaning as in the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**;\n\n***West Gate Tunnel Corporation*** has the same meaning as in the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**;\n\n***West Gate Tunnel roaming agreement*** means an agreement between the relevant corporation and the West Gate Tunnel Corporation relating to the use in a West Gate Tunnel toll zone of a class or classes of vehicles that are registered with the relevant corporation;\n\n***West Gate Tunnel roaming service*** means a service relating to the billing and payment of amounts for tolls and charges relating to the use in a West Gate Tunnel toll zone of a class or classes of vehicles that are registered with the relevant corporation;\n\n***West Gate Tunnel toll zone*** means a toll zone within the meaning of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**.\n\nS. 93AE inserted by No. 8/2019 s. 126.\n\n\t93AE Roaming fees\n\n(1) For the duration of the Concession Period (within the meaning of the West Gate Tunnel Agreement), the fee or charge that may be imposed by the relevant corporation on the West Gate Tunnel Corporation under a West Gate Tunnel roaming agreement for the provision of a West Gate Tunnel roaming service must not exceed the amount that represents the net incremental marginal cost to the relevant corporation of providing that West Gate Tunnel roaming service.\n\n(2) Any agreement or arrangement existing on or after the commencement of this section that is inconsistent with subsection (1) is void to the extent of the inconsistency.\n\nS. 93AF inserted by No. 8/2019 s. 126.\n\n\t93AF Determination of net incremental marginal cost\n\n(1) The Secretary may, by notice published in the Government Gazette, determine the method and criteria to be used for calculating the additional cost to the relevant corporation of providing a West Gate Tunnel roaming service.\n\n(2) The Secretary, on the joint application of the relevant corporation and the West Gate Tunnel Corporation, may, by notice published in the Government Gazette, determine an amount to be the net incremental marginal cost to the relevant corporation of providing a West Gate Tunnel roaming service.\n\n(3) A determination of an amount to be the net incremental marginal cost may provide for the amount to be a variable amount to be determined in accordance with an agreement existing at the date of the determination between the relevant corporation and the West Gate Tunnel Corporation.\n\n(4) The Secretary must not make a determination of an amount to be the net incremental marginal cost unless the Secretary is satisfied that the amount to be determined has been agreed to by the relevant corporation and the West Gate Tunnel Corporation.\n\n(5) On the publication in the Government Gazette of any determination under this section, any existing determination under this section is revoked.\n\nPt 4 Div. 7 (Heading and ss 93AG–93AJ) inserted by No. 18/2020 s. 140.\n\nDivision 7—North East Link roaming agreement\n\nS. 93AG inserted by No. 18/2020 s. 140.\n\n\t93AG Definitions\n\n***net incremental marginal cost***, in relation to a North East Link roaming service, means—\n\n(a) the additional cost to the relevant corporation of providing the North East Link roaming service (net of any savings) calculated in accordance with a determination referred to in section 93AJ(1); or\n\n(b) the amount that is determined to be the net incremental marginal cost to the relevant corporation of providing the North East Link roaming service as referred to in section 93AJ(2); or\n\n(c) if neither paragraph (a) nor paragraph (b) applies, the additional cost to the relevant corporation of providing the North East Link roaming service (net of any savings);\n\n***North East Link roaming agreement*** means an agreement between the relevant corporation and the relevant North East Link Tolling Corporation relating to the use in a North East Link  toll zone of a class or classes of vehicles that are registered with the relevant corporation, including an agreement arising under section 93AH(5);\n\n***North East Link roaming service*** means a service relating to the billing and payment of amounts for tolls and charges relating to the use in a North East Link toll zone of a class or classes of vehicles that are registered with the relevant corporation;\n\n***North East Link toll zone*** means a toll zone within the meaning of the **North East Link Act 2020**;\n\n***relevant North East Link Tolling Corporation*** has the same meaning as in the **North East Link Act 2020**.\n\nS. 93AH inserted by No. 18/2020 s. 140.\n\n\t93AH Making North East Link roaming agreement\n\n(1) This section applies if the relevant corporation, either directly or by arrangement with another person,  registers or offers to register vehicles under this Act, other than temporary registration under section 73C.\n\n(2) The relevant North East Link Tolling Corporation  may give notice to the relevant corporation of its intention to commence negotiations for the purpose of entering into a North East Link roaming agreement.\n\n(3) If notice is given under subsection (2), the parties must use all reasonable endeavours to negotiate a North East Link roaming agreement within 50 business days.\n\n(4) If the parties fail to negotiate a North East Link roaming agreement within 50 business days, either party may refer the matter to be determined by a person appointed by the Minister.\n\n(5) The person appointed by the Minister must make a determination of the terms and conditions of the agreement and upon doing so a North East Link roaming agreement is taken to arise between the parties on those terms and conditions.\n\n(6) The Minister may issue guidelines in relation to—\n\n(a) the form and content of a North East Link roaming agreement; and\n\n(b) the process for determining the matter referred to in subsection (4).\n\nS. 93AI inserted by No. 18/2020 s. 140.\n\n\t93AI Roaming fees\n\n(1) The fee or charge that may be imposed by the relevant corporation on the relevant North East Link Tolling Corporation under a North East Link roaming agreement for the provision of a North East Link roaming service must not exceed the amount that represents the net incremental marginal cost to the relevant corporation of providing that North East Link roaming service.\n\n(2) Any agreement or arrangement existing on or after the commencement of this section that is inconsistent with subsection (1) is void to the extent of the inconsistency.\n\nS. 93AJ inserted by No. 18/2020 s. 140.\n\n\t93AJ Determination of net incremental marginal cost\n\n(1) The Secretary may, by notice published in the Government Gazette, determine the method and criteria to be used for calculating the additional cost to the relevant corporation of providing a North East Link roaming service.\n\n(2) The Secretary, on the joint application of the relevant corporation and the relevant North East Link Tolling Corporation, may, by notice published in the Government Gazette, determine an amount to be the net incremental marginal cost to the relevant corporation of providing a North East Link roaming service.\n\n(3) A determination of an amount to be the net incremental marginal cost may provide for the amount to be a variable amount to be determined in accordance with an agreement existing at the date of the determination between the relevant corporation and the relevant North East Link Tolling Corporation.\n\n(4) The Secretary must not make a determination of an amount to be the net incremental marginal cost unless the Secretary is satisfied that the amount to be determined has been agreed to by the relevant corporation and the relevant North East Link Tolling Corporation.\n\n(5) On the publication in the Government Gazette of any determination under this section, any existing determination under this section is revoked.\n\nPt 4A (Headings and ss 93A–93J) inserted by No. 39/1997 s. 6.\n\n","sortOrder":161},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Exhibition Street Extension Project","content":"Part 4A—Exhibition Street Extension Project\n\nDivision 1—Exhibition Street Extension Project and Extension Project area\n\nS. 93A inserted by No. 39/1997 s. 6,  \namended by No. 50/1998  \ns. 22.\n\n","sortOrder":162},{"sectionNumber":"93A","sectionType":"section","heading":"Exhibition Street Extension Project","content":"\t93A Exhibition Street Extension Project\n\nIn this Act a reference to the Exhibition Street Extension Project is a reference to the project for a road connection from Exhibition Street to the southern link of the Project across or above the Jolimont rail yards and along Batman Avenue to the interchange of the South Eastern Freeway with Punt Road and includes the ESEP Project as defined in the Extension Agreement.\n\nS. 93B inserted by No. 39/1997 s. 6, repealed by No. 81/2000 s. 26(1).\n\nPt 4A Div. 2 (Heading and ss 93C–93F) inserted by No. 39/1997 s. 6, repealed by No. 81/2000 s. 26(2).\n\nDivision 3—Management of Exhibition Street Extension\n\nS. 93G inserted by No. 39/1997 s. 6.\n\n","sortOrder":163},{"sectionNumber":"93G","sectionType":"section","heading":"Lease of land in Extension Project area","content":"\t93G Lease of land in Extension Project area\n\nS. 93G(1) substituted by No. 50/1998  \ns. 23(1).\n\n(1) The Governor in Council, on behalf of the Crown, subject to and in accordance with the Extension Agreement, may grant a lease of any Crown land—\n\n(a) which forms part of the Extension road; or\n\n(b) upon which there are works ancillary to the Extension road—\n\nto any person or persons entitled to such a lease in accordance with the Extension Agreement.\n\nS. 93G(1A) inserted by No. 50/1998  \ns. 23(1).\n\n(1A) In a lease under subsection (1), the Governor in Council may impose conditions, having regard, among other things, to the following matters in relation to a stratum of Crown land—\n\n(a) that reasonable access to and use of the stratum and other land be provided for; and\n\n(b) that the rights of the registered proprietor, lessee or licensee of other land not be interfered with; and\n\n(c) that the rights of support of the stratum or of other land or of any building or other structure erected or to be erected on those lands be provided for; and\n\n(d) that the making or maintenance of improvements by the lessee be provided for; and\n\n(e) that any necessary rights for the passage or provision of services (including drainage, sewerage or the supply of gas, electricity or telephone) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or of other land be provided for.\n\nS. 93G(1B) inserted by No. 75/2010 s. 9(1).\n\n(1B) The Governor in Council, on behalf of the Crown, subject to and in accordance with the terms of the Extension Agreement and on the recommendation of the Minister, may ratify or give effect to the partial surrender by the lessee of a lease granted under subsection (1), if the lessee has the consent of any mortgagee and the holder of any charge over the lease.\n\nS. 93G(2) amended by No. 50/1998  \ns. 23(2).\n\n(2) The granting of a lease under this section of a stratum of land is conclusive proof of compliance with subsection (1A)(a), (b), (c), (d) or (e) with respect to the lease.\n\nS. 93G(3) repealed by No. 102/1998 s. 27, new s. 93G(3) inserted by No. 75/2010 s. 9(2).\n\n(3) Despite the partial surrender of a lease ratified or given effect to under subsection (1B)—\n\n(a) any declaration under section 93H(1); and\n\n(b) any toll zone specified under section 71(1)—\n\nmade or specified in relation to leased land continues in operation in relation to any part of the leased land that is not surrendered.\n\nS. 93G(3A) inserted by No. 75/2010 s. 9(2).\n\n(3A) For the avoidance of doubt, the partial surrender of a lease ratified or given effect to under subsection (1B) does not constitute the surrender in full of that lease and does not affect the operation of the lease in relation to any part of the leased land that is not surrendered.\n\nS. 93G(4) amended by No. 50/1998  \ns. 23(3).\n\n(4) The lessee may only mortgage, charge, assign or otherwise encumber the lessee's interest in the lease in accordance with the terms of the Extension Agreement.\n\nS. 93G(5) substituted by No. 50/1998  \ns. 23(4).\n\n(5) The term of the lease must be in accordance with the Extension Agreement.\n\n(6) A lease may be amended at any time with the consent of the lessee.\n\nS. 93G(7) amended by No. 50/1998  \ns. 23(5).\n\n(7) A lease may be—\n\n(a) terminated before the end of the term of the lease; or\n\nin accordance with the Extension Agreement.\n\nS. 93GA inserted by No. 102/1998 s. 28, amended by No. 74/2000 s. 3(Sch. 1 item 80), repealed by No. 81/2000 s. 26(3).\n\nS. 93H inserted by No. 39/1997 s. 6, substituted by No. 102/1998 s. 29.\n\n","sortOrder":164},{"sectionNumber":"93H","sectionType":"section","heading":"Declaration of Extension road","content":"\t93H Declaration of Extension road\n\nS. 93H(1) substituted by No. 81/2000 s. 27.\n\n(1) The Minister may, from time to time declare any part of any land leased under section 93G to be a road.\n\n(2) The Minister must cause a notice of a declaration under subsection (1) to be published in the Government Gazette.\n\n(3) On the publication of a notice of a declaration under subsection (2), the road specified in the declaration is deemed to be—\n\nS. 93H(3)(a) amended by No. 12/2004 s. 162(6).\n\n(a) an arterial road within the meaning of the **Road Management Act 2004**; and\n\n(b) a road open to and for use by the public for passage with vehicles; and\n\nS. 93H(4) amended by No. 12/2004 s. 162(7).\n\n(4) This section does not affect the grant or operation of a lease despite anything to the contrary in Schedule 5 of the **Road Management Act 2004**.\n\nS. 93HA inserted by No. 76/2010 s. 42.\n\n\t93HA Power to revoke certain declarations of Extension road\n\n(1) The Minister may revoke, in whole or in part, a declaration made under section 93H in respect of land to which a lease under section 93G does not apply, whether the declaration has been made under section 93H as enacted or as previously enacted.\n\n(2) A revocation under subsection (1) must specify the land which is the subject of the wholly or partially revoked declaration.\n\n(3) The Minister must cause a notice of a revocation under subsection (1) to be published in the Government Gazette.\n\n(4) On the publication of a notice of a revocation under subsection (3), the land specified in the revocation ceases to be—\n\n(a) an arterial road within the meaning of the **Road Management Act 2004**; and\n\n(b) a road open to and for use by the public for passage with vehicles, and all rights, easements and privileges existing or claimed in it as a road 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, cease; and\n\n(5) The partial revocation of a declaration under subsection (1) is not to be taken to affect any toll zone specified in relation to that part of the land which is the subject of that part of the declaration that has not been revoked.\n\n(6) On a revocation of the whole or a part of a declaration under subsection (1), any reference to the Extension road in a notice of a toll zone specified under section 71(1), so far as it relates to any period on or after the revocation, is taken not to include any land that was the subject of the revocation.\n\nS. 93I  \ninserted by No. 39/1997 s. 6, substituted by No. 50/1998  \ns. 24.\n\n","sortOrder":165},{"sectionNumber":"93I","sectionType":"section","heading":"Road operation powers","content":"\t93I Road operation powers\n\nS. 93I(1) amended by Nos 12/2004 s. 162(8), 6/2010 s. 203(1)  \n(Sch. 6 item 31.13) (as amended by No. 45/2010 s. 22).\n\n(1) If the Extension Agreement, or another agreement made under the terms of the Extension Agreement, provides for road operation and management powers in respect of land leased under section 93G to be conferred on the Extension corporation, then, despite anything to the contrary in the **Transport Integration Act 2010** or the regulations under that Act or the **Transport (Compliance and Miscellaneous) Act 1983** or the regulations under that Act or the **Local Government Act 1989** or the regulations under that Act or the **Road Management Act 2004** or the regulations under that Act, on and from the grant of the lease under section 93G—\n\n(a) the Extension corporation or any officer or employee of the Extension corporation may exercise those powers, in respect of the leased land; and\n\nS. 93I(1)(b) amended by No. 49/2019 s. 186(Sch. 4 item 28.42).\n\n(b) the Head, Transport for Victoria and any Council may not exercise those powers in respect of the leased land.\n\nS. 93I(2) amended by No. 110/2004 s. 7.\n\n(2) In this section ***road operation and management powers*** means powers, relating to the operation and maintenance of, and traffic management of a kind applicable to an arterial road, including those powers, which apply to an arterial road by virtue of the fact that it is a declared road.\n\nS. 93J inserted by No. 39/1997 s. 6, substituted by No. 50/1998 s. 25, repealed by No. 102/1998 s. 24(j), new s. 93J inserted by No. 75/2010 s. 10.\n\n","sortOrder":166},{"sectionNumber":"93J","sectionType":"section","heading":"Action by Registrar of Titles","content":"\t93J Action by Registrar of Titles\n\nOn being requested to do so and on delivery of any relevant instrument or document (but without production of a duplicate Crown grant or certificate of title), the Registrar of Titles must, as soon as practicable, register any lease made in accordance with the Extension Agreement or any partial surrender of a lease ratified or given effect to under section 93G(1B).\n\n","sortOrder":167},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"Part 5—General\n\nS. 94 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 28.43).\n\n","sortOrder":168},{"sectionNumber":"94","sectionType":"section","heading":"Link corporation and others to have same protections and immunities as the Head, Transport for Victoria","content":"\t94 Link corporation and others to have same protections and immunities as the Head, Transport for Victoria\n\nS. 94(1) amended by Nos 78/2001 s. 8, 6/2010 s. 203(1)  \n(Sch. 6 item 31.14(c)) (as amended by No. 45/2010 s. 22), 49/2019 s. 186(Sch. 4 item 28.44).\n\n(1) The Link corporation, a licensee, a licence holder and a lessee have the same protections and immunities in carrying out their respective functions under—\n\n(a) this Act or the regulations; or\n\nS. 94(1)(b) amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 31.14(a)) (as amended by No. 45/2010 s. 22).\n\n(b) the **Transport (Compliance and Miscellaneous) Act 1983** or the regulations under that Act; or\n\nS. 94(1)(ba) inserted by No. 6/2010 s. 203(1)  \n(Sch. 6 item 31.14(b)) (as amended by No. 45/2010 s. 22).\n\n(ba) the **Transport Integration Act 2010** or the regulations made under that Act; or\n\n(c) the Agreement; or\n\n(d) a licence or lease issued or granted under Part 3 of this Act; or\n\n(e) an authorisation under Part 9 of the **Land Acquisition and Compensation Act 1986**—\n\nin relation to the construction, operation, maintenance, management and control of the roads referred to in section 58 and the Link road as the Head, Transport for Victoria has in carrying out its functions under the **Transport Integration Act 2010** or the regulations under that Act or the **Transport (Compliance and Miscellaneous) Act 1983** or the regulations under that Act or as a highway authority at law in relation to the construction, operation, maintenance, management or control of highways.\n\nS. 94(2) substituted by No. 50/1998  \n\n(2) The Link operator, when acting under this Act—\n\n(a) as a delegate of the Link corporation has the same protections and immunities as the Link corporation has under subsection (1); or\n\n(b) under a sub-delegation from the Link corporation has the same protections and immunities as the Link corporation has under subsection (5).\n\nS. 94(3) inserted by No. 50/1998  \ns. 26(1), amended by Nos 6/2010 s. 203(1)  \n(Sch. 6 item 31.15(c)) (as amended by No. 45/2010 s. 22), 49/2019 s. 186(Sch. 4 item 28.44).\n\n(3) The Extension corporation and a lessee have the same protections and immunities in carrying out their respective functions under—\n\n(a) this Act or the regulations; or\n\nS. 94(3)(b) amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 31.15(a)) (as amended by No. 45/2010 s. 22).\n\n(b) the **Transport (Compliance and Miscellaneous) Act 1983** or the regulations made under that Act; or\n\nS. 94(3)(ba) inserted by No. 6/2010 s. 203(1)  \n(Sch. 6 item 31.15(b)) (as amended by No. 45/2010 s. 22).\n\n(ba) the **Transport Integration Act 2010** or the regulations made under that Act; or\n\n(c) the Extension Agreement; or\n\n(d) a lease granted under section 93G—\n\nin relation to the operation, maintenance, management and control of the land which is the subject of that lease, as the Head, Transport for Victoria has in carrying out its functions under the **Transport Integration Act 2010** or the regulations under that Act or the **Transport (Compliance and Miscellaneous) Act 1983** or the regulations under that Act or as a highway authority at law in relation to the operation, maintenance, management or control of highways.\n\nS. 94(4) inserted by No. 50/1998  \n\n(4) The Extension operator, when acting under this Act—\n\n(a) as a delegate of the Extension corporation has the same protections and immunities as the Extension corporation has under subsection (3); or\n\n(b) under a sub-delegation from the Link corporation has the same protections and immunities as the Link corporation has under subsection (5).\n\nS. 94(5) inserted by No. 50/1998  \n\n(5) The Link corporation, when acting under this Act as a delegate of the Extension corporation has the same protections and immunities as the Extension corporation has under subsection (3).\n\n","sortOrder":169},{"sectionNumber":"95","sectionType":"section","heading":"Link corporation, licensee and lessee not liable for obstruction of rivers","content":"\t95 Link corporation, licensee and lessee not liable for obstruction of rivers\n\nNo action lies against the Link corporation, a licensee or a lessee for or in respect of any obstruction to the navigation of any river occasioned or alleged to be occasioned by—\n\n(a) the Link road or its associated structures or facilities; or\n\n(b) any construction work carried out in connection with the Project.\n\n","sortOrder":170},{"sectionNumber":"96","sectionType":"section","heading":"Taxes and charges","content":"\t96 Taxes and charges\n\n(1) No stamp duty or other tax is chargeable under any Act in respect of anything done under Division 2, 3, 4, 5 or 6 of Part 3 or in respect of any act or transaction connected with or necessary to be done by reason of any of those Divisions.\n\nS. 96(2) amended by No. 50/1998  \ns. 27(1).\n\n(2) An amount payable by the State under an indemnity under clause 11.5 of the Agreement or clause 11.5 of the Extension Agreement is payable from the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.\n\nS. 96(3) amended by Nos 81/2000 s. 28, 78/2001 s. 9(1).\n\n(3) No land tax is payable by the Link corporation or a licensee, licence holder or lessee in respect of land—\n\n(a) which is or is to be the Link road; or\n\nS. 96(3)(b) amended by No. 50/1998  \ns. 27(2).\n\n(b) which is land leased under section 60; or\n\n(c) which is any other kind of land—\n\nand in respect of which under the Agreement land tax is not to be assessed or payable.\n\nS. 96(3A) inserted by No. 50/1998  \ns. 27(3).\n\n(3A) No land tax is payable by the Extension corporation or a lessee in respect of land—\n\n(a) which is leased land under section 93G; or\n\n(b) which is any other kind of land—\n\nand in respect of which under the Extension Agreement land tax is not to be assessed or payable.\n\nS. 96(4) amended by Nos 102/1998 s. 6(3), 78/2001 s. 9(2), 13/2002 s. 14.\n\n(4) Licensed land and leased land (except the Link control site, the Customer service site and the Burnley office site) and licensed areas are not rateable land within the meaning of section 154 of the **Local Government Act 1989**.\n\nS. 96(5) amended by No. 78/2001 s. 9(3).\n\n(5) Section 221 of the **Local Government Act 1989** does not apply in respect of licensed land, licensed areas or leased land.\n\nS. 96(5A) inserted by No. 86/1998 s. 21(3), amended by No. 59/2003 s. 121(3).\n\n(5A) Section 35E of the **Docklands Act 1991** does not apply in respect of licensed land or leased land.\n\nS. 96(6) amended by Nos 39/1997 s. 15, 85/2006 s. 173(Sch. 1 item 5.1).\n\n(6) The Link control site is not rateable land within the meaning of section 154 of the **Local Government Act 1989** for the purpose of the **Water Industry Act 1994** and the **Water Act 1989**.\n\nS. 97 repealed by No. 81/2000 s. 29.\n\n","sortOrder":171},{"sectionNumber":"98","sectionType":"section","heading":"Emergency management","content":"\t98 Emergency management\n\nS. 98(1) substituted by No. 50/1998  \ns. 28.\n\n(1) The Link corporation and the Extension Corporation are deemed to be government agencies for the purposes of Part 5 of the **Emergency Management Act 1986**.\n\nS. 98(2) substituted by No. 50/1998  \ns. 28.\n\n(2) Subsection (1) does not prevent the Link corporation or the Extension corporation from receiving compensation under section 24 of the **Emergency Management Act 1986** for the taking and use of the corporation's property under that section.\n\n(3) This section applies despite anything to the contrary in the Agreement.\n\n","sortOrder":172},{"sectionNumber":"99","sectionType":"section","heading":"Restrictions on exercise of certain powers","content":"\t99 Restrictions on exercise of certain powers\n\nS. 99(1) substituted by No. 50/1998  \ns. 29(1).\n\n(1) A public body must obtain the consent of—\n\n(a) the Link corporation before exercising any power affecting land leased under section 60; and\n\n(b) the Extension corporation before exercising any power affecting land leased under section 93G.\n\n(2) Subsection (1) does not apply to—\n\n(a) an emergency power; or\n\nS. 99(2)(b) amended by No. 50/1998  \ns. 29(2).\n\n(b) a power to use a vehicle on the Link road or the Extension road (as the case requires).\n\nS. 99(3) amended by No. 50/1998  \ns. 29(3).\n\n(3) The person giving consent under subsection (1) may impose conditions on its consent.\n\nS. 99(4) substituted by No. 50/1998  \ns. 29(4).\n\n(4) If—\n\n(a) consent under subsection (1) is refused or is not given within a reasonable period; or\n\n(b) conditions are imposed which are not acceptable to the public body—\n\nthe public body may refer the matter to the Minister who may give his or her consent in place of a consent under subsection (1) with or without conditions.\n\n","sortOrder":173},{"sectionNumber":"100","sectionType":"section","heading":"Powers of certain bodies extended","content":"\t100 Powers of certain bodies extended\n\nA Minister, public statutory authority or Council is deemed to have such powers as are necessary to enable the Minister, authority or Council—\n\n(a) to comply with any direction under or requirement of this Act or the regulations; and\n\nS. 100(b) amended by No. 39/1997 s. 16.\n\n(b) to do any other thing which is necessary or convenient to be done for the purposes of the Project or the Exhibition Street Extension Project.\n\nS. 101 amended by Nos 39/1997 s. 17, 46/1998 s. 7(Sch. 1), repealed by No. 81/2000 s. 30.\n\n","sortOrder":174},{"sectionNumber":"102","sectionType":"section","heading":"Dispute resolution","content":"\t102 Dispute resolution\n\nS. 102(1) amended by Nos 39/1997 s. 18, 50/1998 s. 30.\n\n(1) The Governor in Council may determine any dispute or question about anything done or proposed to be done under this Act or any other Act and that arises in relation to, or that may affect, the Project or the Exhibition Street Extension Project or the management or operation of the Link road or the Extension road, if the dispute or question arises between any of the following—\n\n(a) a public statutory authority;\n\nS. 102(1)(b) amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 128).\n\n(b) a Department Head within the meaning of the **Public Administration Act 2004**;\n\n(c) a Council.\n\n(2) A dispute or question can only be referred for determination under subsection (1) on the joint recommendation of the Minister and the Minister administering the Act under which any body concerned is established or operates.\n\n(3) The determination has effect despite anything to the contrary in any other Act, and the persons or bodies between which the dispute or question arose are bound by the determination.\n\n","sortOrder":175},{"sectionNumber":"103","sectionType":"section","heading":"Limitation on Council powers","content":"\t103 Limitation on Council powers\n\n(1) A Council must not exercise its powers under the following provisions of the **Local Government Act 1989** in relation to leased land or licensed land—\n\n(a) sections 204, 207A, 207B, 207C, 207D and 207E; and\n\n(b) Schedule 10; and\n\n(c) Schedule 11.\n\nS. 103(2) amended by Nos 39/1997 s. 19, 50/1998 s. 31(1)(a)(b), 81/2000 s. 31(a)–(c), 6/2010 s. 203(1)  \n(Sch. 6 item 31.16) (as amended by No. 45/2010 s. 22).\n\n(2) A Council must not exercise any of its powers under Division 2 of Part 9 of the **Local Government Act 1989** inconsistently with the functions and powers of the Link corporation or the Extension corporation or a lessee under the **Transport Integration Act 2010** or the regulations under that Act or the **Transport (Compliance and Miscellaneous) Act 1983** or the regulations under that Act or under the Agreement or the Extension Agreement or a lease granted under Part 3 or Part 4A.\n\nS. 103(3) substituted by No. 50/1998  \ns. 31(2), amended by No. 85/2006 s. 173(Sch. 1 item 5.2).\n\n(3) Section 165 of the **Water Act 1989** applies in relation to—\n\n(a) the Link road as if—\n\n(i) any reference in those sections to a council were a reference to the Link corporation; and\n\n(ii) any reference in those sections to a municipal district were a reference to the Link road; and\n\n(b) the Extension road as if—\n\n(i) any reference in those sections to a council were a reference to the Extension corporation; and\n\n(ii) any reference in those sections to a municipal district were a reference to the Extension road.\n\nS. 103(4) inserted by No. 86/1998 s. 21(4), substituted by No. 59/2003 s. 121(4), repealed by No. 74/2006 s. 26(1).\n\n","sortOrder":176},{"sectionNumber":"104","sectionType":"section","heading":"Limitation on powers to make local laws","content":"\t104 Limitation on powers to make local laws\n\nS. 104(1) amended by No. 9/2020 s. 390(Sch. 1 item 69.2).\n\n(1) A Council must not make a local law under the **Local Government Act 2020** for or with respect to—\n\nS. 104(1)(a) amended by No. 50/1998  \ns. 32(1).\n\n(a) the use of the Link road or the Extension road; or\n\nS. 104(1)(b) amended by No. 50/1998  \ns. 32(2).\n\n(b) the carrying out of works for the purposes of the Project (including the timing of works for and standards of construction of those works); or\n\nS. 104(1)(c) inserted by No. 50/1998  \ns. 32(2).\n\n(c) the carrying out of works by or on behalf of the Extension Corporation for the purposes of the Exhibition Street Extension Project (including the timing of works for and the standards of construction of those works).\n\nS. 104(2) amended by No. 9/2020 s. 390(Sch. 1 item 69.3).\n\n(2) Without limiting sections 71(2) and (3) and 72 of the **Local Government Act 2020**, a local law, whether made before or after the commencement of this section, is inoperative to the extent that—\n\n(a) it makes provision for or with respect to or affecting any matter or thing referred to in subsection (1); or\n\nS. 104(2)(b) amended by Nos 50/1998  \ns. 32(3)(a)(b), 81/2000 s. 32(a)(i)–(iv).\n\n(b) it is inconsistent with the exercise by the Link corporation, the Extension corporation or a lessee of its powers or functions under this Act or any other Act or under the Agreement or the Extension Agreement, or under a lease granted under this Act.\n\nS. 104(3) amended by No. 9/2020 s. 390(Sch. 1 item 69.4).\n\n(3) Without limiting subsection (2), a local law is inoperative to the extent that—\n\nS. 104(3)(a) repealed by No. 81/2000 s. 32(b)(i), new s. 104(3)(a) inserted by No. 81/2006 s. 75.\n\n(a) it restricts the capacity to use any road for access to or egress from any land for which a construction permit is issued under Division 4 of Part 2B for the carrying out of works for the purposes of the Link Upgrade Project; or\n\nS. 104(3)(b) substituted by No. 50/1998  \ns. 32(4).\n\n(b) it has the effect of, or it is exercised in a manner directed at, preventing, hindering or disrupting—\n\nS. 104(3)(b)(i) amended by No. 81/2000 s. 32(b)(ii).\n\n(i) the Link corporation or the holder of a lease granted under section 60 in the performance of an obligation under the Agreement; or\n\n(ii) the Extension corporation or the holder of a lease granted under section 93G in the performance of an obligation under the Extension Agreement—\n\nif the Minister and the Minister administering the **Local Government Act 2020**, by Order published in the Government Gazette, declare it to be inoperative.\n\nS. 104(4) inserted by No. 86/1998 s. 21(5), substituted by No. 59/2003 s. 121(5), repealed by No. 74/2006 s. 26(2).\n\nSs 105–107 repealed by No. 81/2000 s. 33.\n\nS. 108 amended by No. 50/1998 s. 33, repealed by No. 81/2000 s. 33.\n\nS. 109 amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 81/2000 s. 33.\n\nSs 110–113 repealed by No. 81/2000 s. 33.\n\nS. 114 amended by No. 50/1998 s. 34, repealed by No. 81/2000 s. 33.\n\nS. 114A inserted by No. 102/1998 s. 30.\n\n","sortOrder":177},{"sectionNumber":"114A","sectionType":"section","heading":"Removal of stationary vehicles","content":"\t114A Removal of stationary vehicles\n\n(1) The relevant corporation, or any person authorised to do so by the relevant corporation, may move or cause to be moved from the Link road or the Extension road any vehicle—\n\n(a) that is parked or left standing on that road contrary to any law; or\n\n(b) that in the opinion of the relevant corporation or person—\n\n(i) is, or is likely to be or to cause, a danger to other road users; or\n\n(ii) is causing, or is likely to cause, traffic congestion; or\n\n(c) that is disabled or damaged.\n\n(2) A person acting in accordance with subsection (1)—\n\n(a) may enter a vehicle using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving it; and\n\n(b) may move the vehicle to the nearest convenient place.\n\nS. 114A(3) repealed by No. 30/2007 s. 238.\n\n(4) A relevant corporation may recover from the owner of a vehicle moved or stored under this section any reasonable costs incurred in moving or storing it.\n\n(5) In this section ***vehicle*** includes anything attached to, within, or on, the vehicle.\n\nS. 114B inserted by No. 102/1998 s. 30.\n\n","sortOrder":178},{"sectionNumber":"114B","sectionType":"section","heading":"Removal of abandoned property","content":"\t114B Removal of abandoned property\n\nThe relevant corporation may remove any thing on the Link road or the Extension road that appears to have been abandoned.\n\nS. 115 amended by No. 81/2000 s. 34(1).\n\n","sortOrder":179},{"sectionNumber":"115","sectionType":"section","heading":"Certificates for the purposes of evidence","content":"\t115 Certificates for the purposes of evidence\n\nIn any proceedings under this Act, a certificate, signed by the Chief Executive Officer of the Melbourne City Link Authority, as constituted immediately before the commencement of section 38 of the **Melbourne City Link (Miscellaneous Amendments) Act 2000**, certifying—\n\n(a) that a person was or was not an authorised officer at a particular time; or\n\n(b) that a licence had or had not been issued to a particular person under this Act or that the Authority or a person authorised by the Authority had a right to occupy land under Part 9 of the **Land Acquisition and Compensation Act 1986**—\n\nis evidence of the facts stated in the certificate.\n\nS. 115A (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 28.45).\n\nS. 115A inserted by No. 70/2016 s. 51, amended by No. 49/2019 s. 186(Sch. 4 item 28.46(a)).\n\n","sortOrder":180},{"sectionNumber":"115A","sectionType":"section","heading":"Certificates for purposes of evidence—Head, Transport for Victoria and Secretary","content":"\t115A Certificates for purposes of evidence—Head, Transport for Victoria and Secretary\n\nA certificate issued by the Head, Transport for Victoria that states any of the following matters is admissible in proceedings under this Act and is evidence of the matters stated in the certificate—\n\n(a) that a licence had or had not been issued to a particular person under this Act; or\n\nS. 115A(b) amended by No. 49/2019 s. 186(Sch. 4 item 28.46(b)).\n\n(b) that the Head, Transport for Victoria or a person authorised by the Head, Transport for Victoria had a right to occupy land under Part 9 of the **Land Acquisition and Compensation Act 1986**.\n\n","sortOrder":181},{"sectionNumber":"116","sectionType":"section","heading":"Proceedings","content":"\t116 Proceedings\n\n(1) Proceedings for an offence against Part 4 or regulations under that Part may only be brought by—\n\nS. 116(1)(a) substituted by No. 37/2014 s. 10(Sch. item 111.6).\n\n(a) a police officer; or\n\nS. 116(1)(b) amended by No. 4/2000 s. 11.\n\n(b) an enforcement officer; or\n\nS. 116(1)(c) inserted by No. 4/2000 s. 11.\n\n(c) a person authorised by the Minister under subsection (1A).\n\nS. 116(1A) inserted by No. 4/2000 s. 11.\n\n(1A) The Minister may authorise a person to bring proceedings for an offence against Part 4 or regulations under that Part.\n\nS. 116(2) repealed by No. 81/2000 s. 34(2), new s. 116(2) inserted by No. 8/2019 s. 127.\n\n(2) Despite section 7 of the **Criminal Procedure Act 2009**, a proceeding for an offence against section 73(1) may be commenced not more than 15 months after the commission of the alleged offence.\n\nS. 116A inserted by No. 81/2000 s. 35.\n\n","sortOrder":182},{"sectionNumber":"116A","sectionType":"section","heading":"Service of notices","content":"\t116A Service of notices\n\n(1) If under this Act or the regulations, a notice is required or permitted to be served on any person, the notice may, unless the contrary intention appears, be served in or out of Victoria—\n\n(a) by delivering it personally to the person; or\n\n(b) by leaving it at the usual or last known place of residence or business of the person with a person apparently over the age of sixteen years and apparently residing at that place or (in the case of a place of business) apparently in charge of or employed at that place; or\n\n(c) by sending it by post, addressed to the person at the usual or last known place of residence or business of that person; or\n\n(d) if the person has given an address to the enforcement agency or the relevant corporation, by sending it by post to that address.\n\n(2) This section does not apply to the service of infringement notices under sections 80 and 80A or notices under section 73E.\n\n","sortOrder":183},{"sectionNumber":"117","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t117 Supreme Court—limitation of jurisdiction\n\nIt is the intention of this section to alter or vary section 85 of the **Constitution Act 1975** to the extent necessary to prevent the Supreme Court—\n\n(a) reviewing matters or entertaining actions of the kind described in section 39(7) and (8) of the **Planning and Environment Act 1987** (as modified by section 21 of this Act); or\n\n(b) entertaining actions of the kind described in section 18(2) or 95 or in respect of which a protection or immunity is given under section 94; or\n\nS. 117(c) amended by No. 9/2020 s. 390(Sch. 1 item 69.5(a)).\n\n(c) entertaining actions for compensation in relation to matters in respect of which this Act provides that no compensation is payable.\n\nS. 117(d) repealed by No. 9/2020 s. 390(Sch. 1 item 69.5(b)).\n\nS. 117A inserted by No. 50/1998  \ns. 35.\n\n","sortOrder":184},{"sectionNumber":"117A","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t117A Supreme Court—limitation of jurisdiction\n\nIt is the intention of—\n\n(a) section 18(2); and\n\n(b) section 94(2), (3), (4) and (5)—\n\nto alter or vary section 85 of the **Constitution Act 1975**.\n\n","sortOrder":185},{"sectionNumber":"118","sectionType":"section","heading":"Regulations","content":"\t118 Regulations\n\nS. 118(1) amended by No. 50/1998  \ns. 36(2) (ILA  \ns. 39B(1)).\n\n(1) The Governor in Council may make regulations for or with respect to—\n\nS. 118(1)(a) amended by Nos 50/1998  \ns. 36(1)(a)(i)(ii), 102/1998 s. 31(1)(a).\n\n(a) prescribing requirements with respect to placing notices on or in the vicinity of the Link road or the Extension road outside a toll zone and prescribing the information to be provided by such notices;\n\nS. 118(1)(b) amended by No. 102/1998 s. 24(b).\n\n(b) prescribing as a tolling device any system, equipment or thing (including any equipment or thing to be placed in or on a vehicle) for recording the use of a vehicle in a toll zone;\n\nS. 118(1)(ba) inserted by No. 102/1998 s. 31(1)(b).\n\n(ba) prescribing the manner in which such tolling devices are to be installed, set up, tested, operated, used, maintained or repaired;\n\nS. 118(1)(bb) inserted by No. 102/1998 s. 31(1)(b).\n\n(bb) prescribing the manner in which information from such tolling devices is to be processed, stored, transferred, produced, re-configured, used to produce reports, images or other forms of information, destroyed or otherwise handled;\n\nS. 118(1)(c) amended by Nos 50/1998  \ns. 36(1)(b), 102/1998 s. 31(1)(c).\n\n(c) exempting from the payment of tolls vehicles or classes of vehicles that under the Agreement or the Extension Agreement may be exempted from the payment of tolls;\n\nS. 118(1)(ca) inserted by No. 102/1998 s. 31(1)(d).\n\n(ca) the exemption by a relevant corporation of vehicles from the requirement to be registered under Part 4;\n\nS. 118(1)(d) repealed by No. 102/1998 s. 31(1)(e).\n\n(e) prescribing methods of recording the payment of tolls;\n\nS. 118(1)(f) amended by No. 102/1998 s. 31(1)(f).\n\n(f) prescribing administrative costs for the purposes of Part 4;\n\nS. 118(1)(fa) inserted by No. 8/2019 s. 128(1).\n\n(fa) prescribing fees;\n\nS. 118(1)(fb) inserted by No. 8/2019 s. 128(1).\n\n(fb) prescribing a period of time for the purposes of section 73(4);\n\nS. 118(1)(fc) inserted by No. 8/2019 s. 128(1).\n\n(fc) prescribing criteria for the purposes of section 76(2);\n\nS. 118(1)(fd) inserted by No. 8/2019 s. 128(1).\n\n(fd) prescribing the period in which records in relation to the non-payment of a toll are to be destroyed;\n\n(g) any other matter or thing required or permitted by this Act to be prescribed to give effect to this Act.\n\nS. 118(1A) inserted by No. 102/1998 s. 31(2), repealed by No. 13/2002 s. 11(2).\n\nS. 118(2) inserted by No. 50/1998  \ns. 36(2), substituted by No. 8/2019 s. 128(2).\n\n(2) The regulations—\n\n(a) may be of general or limited application;\n\n(b) may differ according to differences in time, place or circumstances;\n\n(c) may confer a discretionary authority or impose a duty on a specified person or class of person;\n\n(d) may exempt specified persons or things or classes of persons or things from complying with all or any of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.\n\nS. 118(3) inserted by No. 8/2019 s. 128(2).\n\n(3) A power conferred by this Act to make regulations prescribing fees may be exercised by providing for all or any of the following matters—\n\n(a) specific fees;\n\n(b) maximum fees;\n\n(c) minimum fees;\n\n(d) the payment of fees either generally or under specified conditions or in specified circumstances;\n\n(e) the payment of fees by a specified manner of payment.\n\nPt 6  \n(Heading and ss 119–128) amended by No. 50/1998 ss 37, 38, substituted as Pt 6 (Heading and s. 119) by No. 81/2000 s. 36.\n\n","sortOrder":186},{"sectionNumber":"Part 6","sectionType":"part","heading":"Transitional provisions","content":"Part 6—Transitional provisions\n\nNew s. 119 inserted by No. 81/2000 s. 36.\n\n","sortOrder":187},{"sectionNumber":"119","sectionType":"section","heading":"Effect of agreements—Melbourne City Link (Miscellaneous Amendments) Act 2000","content":"\t119 Effect of agreements—Melbourne City Link (Miscellaneous Amendments) Act 2000\n\nThe force and effect of the Agreement, the Extension Agreement and the Integration and Facilitation Agreement are not affected by the coming into operation of section 37 of the **Melbourne City Link (Miscellaneous Amendments) Act 2000**.\n\nNew s. 120 inserted by No. 94/2003 s. 44.\n\n","sortOrder":188},{"sectionNumber":"120","sectionType":"section","heading":"Application of amendments made by the Road Safety (Amendment) Act 2003","content":"\t120 Application of amendments made by the Road Safety (Amendment) Act 2003\n\nThe amendments to section 87 of this Act made by Part 5 of the **Road Safety (Amendment) Act 2003** apply to offences alleged to have been committed before, on or after the commencement of that Part and irrespective of whether or not a charge was filed or a courtesy letter or infringement notice was served before that commencement.\n\nNew s. 121 inserted by No. 49/2004 s. 17.\n\n","sortOrder":189},{"sectionNumber":"121","sectionType":"section","heading":"Transitional provision—Transport Legislation (Miscellaneous Amendments) Act 2004","content":"\t121 Transitional provision—Transport Legislation (Miscellaneous Amendments) Act 2004\n\n(1) Any reference to the Director, Melbourne City Link in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever is, so far as it relates to any period after the commencement of section 5 of the **Transport Legislation (Miscellaneous Amendments) Act 2004** and if not inconsistent with the context or subject-matter, to be construed as a reference to the Roads Corporation.\n\n(2) The amendments of section 83 made by section 11 of the **Transport Legislation (Miscellaneous Amendments) Act 2004** applies to any infringement notice issued on or after the commencement of that section of that Act, irrespective of when the infringement was committed.\n\n(3) The amendments of section 87 made by section 12(1) to (4) of the **Transport Legislation (Miscellaneous Amendments) Act 2004** apply to offences alleged to have been committed before, on or after the commencement of section 12(1) to (4) of that Act and irrespective of whether or not a charge was filed or an infringement notice or courtesy letter was served before that commencement.\n\nNew s. 122 inserted by No. 110/2004 s.16.\n\n","sortOrder":190},{"sectionNumber":"122","sectionType":"section","heading":"Transitional provision—Transport Legislation (Amendment) Act 2004","content":"\t122 Transitional provision—Transport Legislation (Amendment) Act 2004\n\nSection 87A inserted by section 13 of the **Transport Legislation (Amendment) Act 2004** applies to any infringement notice irrespective of whether or not it was issued before on or after the commencement of that section 13.\n\nNew s. 123 inserted by No. 81/2006 s. 29.\n\n","sortOrder":191},{"sectionNumber":"123","sectionType":"section","heading":"Transitional provision—Road Legislation (Projects and Road Safety) Act 2006","content":"\t123 Transitional provision—Road Legislation (Projects and Road Safety) Act 2006\n\n(1) The amendments to sections 80(2A) and 87 of this Act made by sections 27(2) and 28 of the **Road Legislation (Projects and Road Safety) Act 2006** only apply to offences against section 73(1) of this Act alleged to have been committed on or after the commencement of those sections of that Act.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one after the commencement of sections 27(2) and 28 of the **Road Legislation (Projects and Road Safety) Act 2006**, the offence is alleged to have been committed before the commencement of those sections.\n\nNew s. 124 inserted by No. 14/2007 s. 7.\n\n","sortOrder":192},{"sectionNumber":"124","sectionType":"section","heading":"Transitional provisions—Road Legislation Amendment Act 2007","content":"\t124 Transitional provisions—Road Legislation Amendment Act 2007\n\n(1) The amendments of section 87 of this Act made by section 6 of the **Road Legislation Amendment Act 2007** apply to offences alleged to have been committed before, on or after the commencement of that section of that Act and so apply irrespective of whether or not before that commencement—\n\n(a) a charge was filed; or\n\n(b) a summons or infringement notice was served; or\n\n(c) any step was taken in respect of the offence under the **Infringements Act 2006** or a corresponding previous enactment or under Schedule 2A to the **Children and Young Persons Act 1989**.\n\n(2) Without limiting section 14 of the **Interpretation of Legislation Act 1984**, nothing in subsection (1) affects any sworn statement or statutory declaration supplied (whether before, on or after the commencement of section 6 of the **Road Legislation Amendment Act 2007**) for the purpose of section 87 of this Act in relation to an offence alleged to have been committed before that commencement and such a statement or declaration has the same effect for that purpose as a statement made under that section as amended by section 6 of the **Road Legislation Amendment Act 2007**.\n\n(3) Nothing in subsection (2) affects any liability for the making of a sworn statement or statutory declaration that is false.\n\nNew s. 125 inserted by No. 74/2007 s. 73.\n\n","sortOrder":193},{"sectionNumber":"125","sectionType":"section","heading":"Transitional provisions—Road Legislation Further Amendment Act 2007","content":"\t125 Transitional provisions—Road Legislation Further Amendment Act 2007\n\n(1) The amendments to a section of this Act made by Part 5 of the **Road Legislation Further Amendment Act 2007** only apply to offences alleged to have been committed on or after the commencement of that Part.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of a provision in Part 5 of the **Road Legislation Further Amendment Act 2007**, the offence is alleged to have been committed before the commencement of that provision.\n\n(3) Part 4 of this Act, as in force immediately before the commencement of Part 5 of the **Road Legislation Further Amendment Act 2007**, continues to apply to offences committed before that commencement.\n\nSchedules\n\nSch. 1 repealed by No. 81/2000 s. 37(1).\n\nSch. 2 amended by No. 21/1996 s. 8, substituted by No. 13/2002 s. 15(Sch. Pt 1).\n\nSchedule 2—Unit Trust\n\nUnit Holding Restriction\n\n\t1.1 Definitions\n\n(a) In this Schedule, unless the contrary intention appears:\n\n(1) ***Acquire*** has the meaning ascribed to it by Divisions 1 and 7 of Part 1.2 of Chapter 1 of the Corporations Law in its form as at 20 October 1995;\n\n(2) ***Associate*** has the meaning ascribed to it by Division 2 of Part 1.2 of Chapter 1 of the Corporations Law in its form as at 20 October 1995;\n\n(3) ***Entitled*** has the meaning ascribed to it by section 609 of the Corporations Law in the form as at 20 October 1995;\n\n(4) ***Relevant interest*** has the meaning ascribed to it by Divisions 1 and 5 of Part 1.2 of Chapter 1 of the Corporations Law in its form as at 20 October 1995,\n\nin each case as if the relevant provisions of the Corporations Law also applied to units in a unit trust;\n\n(b) Despite anything in clause 1.1 of the Deed, ***Substantial Holder*** has the meaning ascribed to it in the Concession Deed between the State of Victoria, Transurban City Link Limited, Perpetual Trustee Company Limited and City Link Management Limited with effect from 20 October 1995 as amended up to and including the 15th Amending Deed.\n\n\t1.2 Restrictions on Acquisition of Units\n\nExcept as provided by this Schedule, a person must not acquire, and is not eligible to acquire, Units in the Trust if:\n\n(a) any person who does not have a relevant interest in any Units or who has a relevant interest in less than 20% of the Units on Issue would immediately after the acquisition, have a relevant interest in 20% or more of the Units on Issue;\n\n(b) any person who has a relevant interest in 20% or more of the Units on Issue would immediately after the acquisition, have a relevant interest in a greater percentage of Units on Issue than immediately before the acquisition; or\n\n(c) any person who is entitled to less than 20% of the voting shares in Transurban City Link Limited or less than 20% of the units on issue in the Transurban City Link Unit Trust would, immediately after the acquisition, be entitled to 20% or more of the voting shares in Transurban City Link Limited or 20% or more of the units on issue in the Transurban City Link Unit Trust.\n\n\t1.3 Exceptions\n\nThe restrictions contained in clause 1 do not apply to or in relation to an acquisition of Units to which the State has given its written consent.\n\n\t1.4 Registration and Divestiture\n\n(a) No Unit may be issued or, in the case of a paper-based transfer, transferred if the issue or transfer would or might result in or have the effect of causing a contravention of clause 1.2.\n\n(b) Where a person has acquired Units in the Trust in such circumstances as might or would result in or have the effect of causing a contravention of clause 1.2 or where the Trustee is aware of a contravention of clause 1.2 or that a person has become or remains a holder of a relevant interest in 20% or more of the Units on Issue or has become or remains a Substantial Holder without the State's prior written consent (***unauthorised holding***), the Trustee must, by notice in writing to the State advise the State of that fact within 7 days of becoming so aware.\n\nIf the Trustee chooses to apply, on behalf of the person having the unauthorised holding, to the State for the State's consent to the person becoming and/or remaining a holder of a relevant interest in 20% or more of the Units on Issue or a Substantial Holder it must do so in the same 7 day period.\n\nIf the State requires the Trustee to do so (irrespective of whether consent has been sought from the State), the Trustee must, as soon as practicable but no later than 7 days after advice from the State, by notice in writing to the person having an unauthorised holding, require that person to dispose of the Units held by it or any part thereof as soon as practicable but no later than 1 month after the end 7 days after receipt of the advice from the State or such longer period agreed between the Trustee and the State, in order to cease such contravention or unauthorised holding, provided that in the absence of any such requirement by the Trustee, the person concerned is not entitled in any way to set aside or cancel the transaction whereby the person acquired the Units, not to claim any refund or to otherwise recover any money paid in respect thereof.\n\nIn so acting, the Trustee must consult with the directors of the Companies and, while the Units are quoted on the Official List, the Trustee must consult with the ASX, and shall have regard to, without being bound by, the recommendations of those persons.\n\n(c) If the requirements of any notice to dispose of the Units are not complied with by the person to whom the notice is addressed within the time specified in the notice, the Trustee must cause the Units to be sold on the ASX (or, if they are not Officially Quoted, in such manner as the Trustee may determine) as soon as practicable but no later than 3 months after the end of the 1 month period referred to in paragraph (b) above or such longer period agreed between the Trustee and the State.\n\n(d) If the Units sold in accordance with clause 1.4(c) are registered on a branch register, the Trustee may cause such Units to be transmitted to the Register.\n\n(e) The Trustee may:\n\n(1) appoint a person to execute as transferor a transfer in respect of any Units sold in accordance with the provisions of clause 1.4(c) and to receive and give a good discharge of the purchase money; and\n\n(2) register the transfer notwithstanding that proof of title of such Units may not have been delivered to the Trustee.\n\n(f) The purchase money less the expenses of any sale made in accordance with the provisions of clause 1.4(c) must be paid to the Unit holder whose Units were sold provided such Unit holder has delivered to the Trustee such proof of title of the Units as the Trustee accepts.\n\n(g) Nothing in clause 1.4 renders the Trustee liable or responsible by reason of any person acquiring Units in the Trust in contravention of clause 1.2 or failing to comply with the obligations imposed by clause 1.2.\n\n(h) The Trustee, before or at any time after issuing any Units or, in the case of a paper-based transfer, rejecting any transfer of Units or at any other time and from time to time, may, by notice in writing to the applicant or issuee or Unit Holder, require such person (or, where such person is a corporation, a competent officer thereof) to furnish to the Trustee such information or evidence (on oath or otherwise verified by law, if the Trustee should so require) as the Trustee may consider likely to be of assistance in determining whether or not such person is eligible to become or to remain a Unit Holder.\n\n\t1.5 Employees and agents\n\nIn this Schedule, a person is, unless the contrary is proved, presumed to have been aware at a particular time of a fact or occurrence of which an employee or agent of the person having duties or acting on behalf of the employer or principal in connection with a matter to which the fact or occurrence relates was aware at the time.\n\nSch. 3 repealed by No. 81/2000 s. 37(2).\n\nSch. 4 inserted by No. 39/1997 s. 20, amended by Nos 50/1998  \ns. 39, 102/1998 s. 33, repealed by No. 81/2000 s. 37(3).\n\nSch. 5 inserted by No. 50/1998 s. 40, repealed by No. 81/2000 s. 37(4).\n\nSch. 6 inserted by No. 50/1998 s. 40, repealed by No. 81/2000 s. 37(5).\n\nSch. 7 inserted by No. 50/1998  \ns. 40, repealed by No. 81/2000 s. 37(6).\n\nSch. 8 inserted by No. 78/2001 s. 10.\n\n","sortOrder":194},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"Further revocation of reservations","content":"Schedule 8—Further revocation of reservations\n\nItem 1\n\n| Situation and area of land | Alexandra Park, Parish of South Melbourne, City of Melbourne, County of Bourke, 4·6 acres |\n| Instrument and date of reservation | Order in Council dated 5 August 1913 |\n| Description of land by reference to the Government Gazette | Government Gazette dated 13 August 1913, page 3532 |\n| Purpose of reservation | Public park for the recreation and amusement of His Majesty's subjects and people |\n| Extent of revocation | Land shown hatched on the plan numbered LEGL./01–111 and lodged in the Central Plan Office |\n\nItem 2\n\n| Situation and area of land | City of Melbourne, Parish of Melbourne North, County of Bourke, 7 acres more or less |\n| Instrument and date of reservation | Order in Council dated 22 April 1936 |\n| Description of land by reference to the Government Gazette | Government Gazette dated 29 April 1936, page 1052 |\n| Purpose of reservation | Public purposes |\n| Extent of revocation | Land shown hatched on the plan numbered LEGL./01–113 and lodged in the Central Plan Office |\n\nSch. 9 inserted by No. 13/2002 s. 15(Sch. Pt 2).\n\n","sortOrder":195},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"Further revocation of reservation","content":"Schedule 9—Further revocation of reservation\n\nItem 1\n\n| Situation and area of land | Alexandra Park, Parish of South Melbourne, City of Melbourne, County of Bourke, 4⋅6 acres |\n| Instrument and date of reservation | Order in Council dated 5 August 1913 |\n| Description of land by reference to the Government Gazette | Government Gazette dated 13 August 1913, page 3532 |\n| Purpose of reservation | Public park for the recreation and amusement of His Majesty's subjects and people |\n| Extent of revocation | Land shown hatched on the plan numbered LEGL./02−016 and lodged in the Central Plan Office |\n\nItem 2\n\n| Situation and area of land | City of Melbourne, Parish of Melbourne, County of Bourke, 7 acres more or less |\n| Instrument and date of reservation | Order in Council dated 22 April 1936 |\n| Description of land by reference to the Government Gazette | Government Gazette dated 29 April 1936, page 1052 |\n| Purpose of reservation | Public purposes |\n| Extent of revocation | Land shown hatched on the plan numbered LEGL./02−017 and lodged in the Central Plan Office |\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 2 November 1995*\n\n*Legislative Council: 28 November 1995*\n\nThe long title for the Bill for this Act was \"A Bill to ratify the Agreement for the Melbourne City Link Project, to make further provision for the Melbourne City Link Project, to amend the **Melbourne City Link Authority** **Act** **1994** and certain other Acts and for other purposes.\".\n\n**Constitution Act 1975:**\n\n*Section 85(5) statement:*\n\n*Legislative Assembly: 2 November 1995*\n\n*Legislative Council: 28 November 1995*\n\n*Absolute majorities:*\n\n*Legislative Assembly: 23 November 1995*\n\n*Legislative Council: 30 November 1995*\n\nThe **Melbourne City Link Act 1995** was assented to on 12 December 1995 and came into operation as follows:\n\nParts 1, 2 (sections 1–20), Schedules 1, 2 on 12 December 1995: section 2(1); sections 21–26, 28, 29, 31–68, 94–128 on 14.12.95: Special Gazette (No. 120) 14 December 1995 page 3; section 27, Schedule 3 on 4 April 1996: Special Gazette (No. 32) 2 April 1996 page 1; section 30 on 1 June 1996: Special Gazette (No. 58) 28 May 1996 page 1; sections 69–93 on 12 December 1996: section 2(3).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Melbourne City Link Act** **1995** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Melbourne City Link (Amendment) Act 1996, No. 21/1996**\n\n| Assent Date: | 2.7.96 |\n| Commencement Date: | 2.7.96: s. 2 |\n\n**Electricity Industry (Miscellaneous Amendment) Act 1997, No. 35/1997**\n\n| Assent Date: | 3.6.97 |\n| Commencement Date: | S. 31(2) on 3.6.97: Special Gazette (No. 58) 3.6.97 p. 1 |\n\n**Melbourne City Link (Further Amendment) Act 1997, No. 39/1997**\n\n| Assent Date: | 3.6.97 |\n| Commencement Date: | Ss 1, 2 on 3.6.97: s. 2(1); ss 3, 4(3), 8, 10–12, 14(2), 15 on 12.6.97: Government Gazette 12.6.97 p. 1330; rest of Act on 26.6.97: Government Gazette 26.6.97 p. 1432 |\n\n**Gas Industry (Further Amendment) Act 1997, No. 91/1997**\n\n| Assent Date: | 9.12.97 |\n| Commencement Date: | S. 47 on 11.12.97: Special Gazette (No. 155) 9.12.97 p. 1 |\n\n**Rail Corporations (Amendment) Act 1997, No. 104/1997**\n\n| Assent Date: | 16.12.97 |\n| Commencement Date: | S. 52 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1 |\n\n**Residential Tenancies Act 1997, No. 109/1997**\n\n| Assent Date: | 23.12.97 |\n| Commencement Date: | S. 533(Sch. 2 item 8) on 1.7.98: Government Gazette 18.6.98 p. 1512 |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n\n**Melbourne City Link (Exhibition Street Extension) Act 1998, No. 50/1998**\n\n| Assent Date: | 2.6.98 |\n| Commencement Date: | 2.6.98 |\n\n**Road Safety (Amendment) Act 1998, No. 57/1998**\n\n| Assent Date: | 13.10.98 |\n| Commencement Date: | S. 28(4) on 1.5.99: Government Gazette 18.3.99 p. 665 |\n\n**Transfer of Land (Single Register) Act 1998, No. 85/1998**\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | S. 24(Sch. item 41) on 1.1.99: s. 2(3) |\n\n**Local Government (Governance and Melton) Act 1998, No. 86/1998**\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | S. 21 on 1.7.99: Government Gazette 17.6.99 p. 1406 |\n\n**Melbourne City Link (Amendment) Act 1998, No. 102/1998**\n\n| Assent Date: | 1.12.98 |\n| Commencement Date: | Ss 4–17, 18(1)(3)(4)(6), 19–33 on 1.12.98: s. 2(1) |\n\n**Rail Corporations and Transport Acts (Amendment) Act 1999, No. 45/1999**\n\n| Assent Date: | 8.6.99 |\n| Commencement Date: | S. 48 on 8.6.99: s. 2(1) |\n\n**Melbourne City Link (Amendment) Act 2000, No. 4/2000**\n\n| Assent Date: | 28.3.00 |\n| Commencement Date: | 29.3.00 s. 2 |\n\n**Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 59 on 1.1.01: s. 2(4) |\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 3(Sch. 1 item 80) on 1.12.98: s. 2(2)(q) |\n\n**Melbourne City Link (Miscellaneous Amendments) Act 2000, No. 81/2000** (asamended by No. 54/2001)\n\n| Assent Date: | 28.11.00 |\n| Commencement Date: | Ss 4(6), 7, 11, 20, 21, 24, 25, 28, 35 on 6.12.00: Special Gazette (No. 183) 5.12.00 p. 15; ss 4(2), 14, 22, 23, 33, 34 on 1.3.02: Special Gazette (No. 37) 26.2.02 p. 1; ss 3, 4(1)(3)–(5), 5, 6, 8–10, 12, 13,    15–19, 26, 27, 29–32, 36, 37 on 31.12.02: s. 2(3) |\n\n**Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001**\n\n| Assent Date: | 19.6.01 |\n| Commencement Date: | S. 36 on 1.9.01: s. 2(2) |\n\n**Transport (Further Amendment) Act 2001, No. 54/2001**\n\n| Assent Date: | 2.10.01 |\n| Commencement Date: | Ss 45, 46 on 31.12.01: Special Gazette (No. 226) 11.12.01 p. 2 |\n\n**Melbourne City Link (Further Amendment) Act 2001, No. 78/2001**\n\n| Assent Date: | 27.11.01 |\n| Commencement Date: | 1.1.02: Special Gazette (No. 226) 11.12.01 p. 2 |\n\n**Road Safety (Further Amendment) Act 2001, No. 92/2001**\n\n| Assent Date: | 11.12.01 |\n| Commencement Date: | S. 32 on 21.12.01: Government Gazette 13.12.01 p. 3061 |\n\n**Melbourne City Link (Further Miscellaneous Amendments) Act 2002, No. 13/2002** (as amended by No. 32/2002)\n\n| Assent Date: | 30.4.02 |\n| Commencement Date: | Ss 3–11, 13–15, Sch. on 1.6.02: Special Gazette (No. 89) 28.5.02 p. 1; s. 12 on 25.6.02: Special Gazette (No. 111) 25.6.02 p. 1 |\n\n**Victorian Urban Development Authority Act 2003, No. 59/2003**\n\n| Assent Date: | 16.6.03 |\n| Commencement Date: | S. 121 on 1.8.03: Government Gazette 31.7.03 p. 2125 |\n\n**Road Safety (Amendment) Act 2003, No. 94/2003**\n\n| Assent Date: | 25.11.03 |\n| Commencement Date: | Ss 42–44 on 26.11.03: s. 2(1) |\n\n**Road Management Act 2004, No. 12/2004**\n\n| Assent Date: | 11.5.04 |\n| Commencement Date: | S. 162 on 1.7.04: s. 2(2) |\n\n**Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004**\n\n| Assent Date: | 16.6.04 |\n| Commencement Date: | Ss 4–8, 11, 12(1)–(4), 13–17 on 17.6.04: s. 2(1); ss 9, 10, 12(5)(6) on 4.1.05: s. 2(4) |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 128) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Transport Legislation (Amendment) Act 2004, No. 110/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | Ss 4–7, 14 on 22.12.04: s. 2(1); ss 12, 13, 16 on 1.2.05: s. 2(4); ss 8–11, 15 on 1.7.05: s. 2(3) |\n\n**Children and Young Persons (Miscellaneous Amendments) Act 2005, No. 21/2005** (as amended by No. 24/2005)\n\n| Assent Date: | 31.5.05 |\n| Commencement Date: | S. 58 on 1.7.05: s. 2(6) |\n\n**Road Safety (Further Amendment) Act 2005, No. 24/2005**\n\n| Assent Date: | 31.5.05 |\n| Commencement Date: | Ss 22, 23 on 1.6.05: s. 2(1) |\n\n**Pipelines Act 2005, No. 61/2005**\n\n| Assent Date: | 20.9.05 |\n| Commencement Date: | S. 218 on 1.4.07: Government Gazette 29.3.07 p. 532 |\n| Current State: | This information only relates to the provision/s amending the **Melbourne City Link Act 1995** |\n\n**Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005**\n\n| Assent Date: | 29.11.05 |\n| Commencement Date: | S. 3 on 30.11.05: s. 2(1) |\n\n**Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006**\n\n| Assent Date: | 13.6.06 |\n| Commencement Date: | Ss 84, 85 on 1.7.06: Government Gazette 29.6.06 p. 1315 |\n\n**Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006**\n\n| Assent Date: | 15.8.06 |\n| Commencement Date: | S. 38 on 1.9.06: s. 2(2); s. 42(Sch. item 26) on 23.4.07: s. 2(3) |\n\n**Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006**\n\n| Assent Date: | 29.8.06 |\n| Commencement Date: | S. 61(Sch. item 21) on 30.8.06: s. 2(1) |\n\n**City of Melbourne and Docklands Acts (Governance) Act 2006, No. 74/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | S. 26 on 1.7.07: Government Gazette 28.6.07 p. 1303 |\n\n**Road Legislation (Projects and Road Safety) Act 2006, No. 81/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | Ss 27(1), 66–75 on 11.10.06: s. 2(1); ss 27(2)–29 on 1.7.07: s. 2(4) |\n\n**Water (Governance) Act 2006, No. 85/2006**\n\n| Assent Date: | 17.10.06 |\n| Commencement Date: | S. 173(Sch. 1 item 5) on 1.7.07: s. 2(3) |\n\n**Road Legislation Amendment Act 2007, No. 14/2007**\n\n| Assent Date: | 8.5.07 |\n| Commencement Date: | Ss 6(1)–(7), 7, 17 on 9.5.07: s. 2(1); s. 18 on 1.1.09: s. 2(4) |\n\n**Accident Towing Services Act 2007, No. 30/2007**\n\n| Assent Date: | 24.7.07 |\n| Commencement Date: | S. 238 on 1.1.09: s. 2(3) |\n\n**Road Legislation Further Amendment Act 2007, No. 74/2007**\n\n| Assent Date: | 18.12.07 |\n| Commencement Date: | Ss 62–73 on 1.9.08: s. 2(5) |\n\n**Infringements and Other Acts Amendment Act 2008, No. 9/2008**\n\n| Assent Date: | 18.3.08 |\n| Commencement Date: | S. 42 on 1.7.08: Special Gazette (No. 172) 27.6.08 p. 1 |\n\n**Dangerous Goods Amendment (Transport) Act 2008, No. 66/2008**\n\n| Assent Date: | 18.11.08 |\n| Commencement Date: | S. 31 on 1.1.09: Government Gazette 18.12.08 p. 2998 |\n\n**Resources Industry Legislation Amendment Act 2009, No. 6/2009**\n\n| Assent Date: | 3.3.09 |\n| Commencement Date: | S. 53 on 1.1.10: s. 2(2) |\n\n**Transport Legislation Miscellaneous Amendments Act 2009, No. 17/2009**\n\n| Assent Date: | 12.5.09 |\n| Commencement Date: | S. 31 on 13.5.09: s. 2(1) |\n\n**Road Legislation Amendment Act 2009, No. 28/2009**\n\n| Assent Date: | 17.6.09 |\n| Commencement Date: | S. 88 on 18.6.09: s. 2(1) |\n\n**Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009**\n\n| Assent Date: | 15.12.09 |\n| Commencement Date: | Ss 30, 31 on 17.12.09: Government Gazette 17.12.09 p. 3339 |\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| Commencement Date: | Ss 24(5)(Sch. 1 item 7), 203(1)(Sch. 6 item 31) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n\n**Road Legislation Miscellaneous Amendments Act 2010, No. 75/2010** (as amended by No. 32/2011)\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | Ss 4, 6–10 on 1.11.10: Government Gazette 21.10.10 p. 2531; s. 5 on 1.8.11: s. 2(2) |\n\n**Road Safety Amendment (Hoon Driving) Act 2010, No. 76/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | Ss 41, 42 on 20.10.10: s. 2(1) |\n\n**Statute Law Revision Act 2011, No. 29/2011**\n\n| Assent Date: | 21.6.11 |\n| Commencement Date: | S. 3(Sch. 1 item 58) on 22.6.11: s. 2(1) |\n\n**Victorian Urban Development Authority Amendment (Urban Renewal Authority Victoria) Act 2011, No. 35/2011**\n\n| Assent Date: | 5.7.11 |\n| Commencement Date: | S. 20 on 25.10.11: Special Gazette (No. 342) 25.10.11 p. 1 |\n\n**Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011**\n\n| Assent Date: | 15.11.11 |\n| Commencement Date: | S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 6 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1 |\n\n**Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012**\n\n| Assent Date: | 3.4.12 |\n| Commencement Date: | S. 91 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 |\n\n**Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012**\n\n| Assent Date: | 18.12.12 |\n| Commencement Date: | S. 294 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 312 on 11.2.13: s. 2(5) |\n\n**Rail Safety National Law Application Act 2013, No. 22/2013**\n\n| Assent Date: | 23.4.13 |\n| Commencement Date: | Ss 61, 62 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2 |\n\n**Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, No. 55/2013**\n\n| Assent Date: | 24.9.13 |\n| Commencement Date: | S. 25 on 25.9.13: s. 2(1); s. 15 on 1.1.14: s. 2(3) |\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| Commencement Date: | S. 4(Sch. 2 item 31) on 1.12.13: s. 2(1) |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| *Commencement Date:* | S. 10(Sch. item 111) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Fines Reform Act 2014, No. 47/2014** (as amended by No. 59/2017)\n\n| *Assent Date:* | 1.7.14 |\n| *Commencement Date:* | Ss 284, 285 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 |\n\n**Road Legislation Further Amendment Act 2016, No. 70/2016**\n\n| *Assent Date:* | 29.11.16 |\n| *Commencement Date:* | S. 49 on 1.7.11: s. 2(2); ss 42–46, 50, 51 on 1.1.17: Special Gazette (No. 389) 20.12.16 p. 1 |\n\n**Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017**\n\n| Assent Date: | 14.2.17 |\n| Commencement Date: | S. 50(Sch. 1 item 3) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1 |\n\n**Heritage Act 2017, No. 7/2017**\n\n| Assent Date: | 15.3.17 |\n| Commencement Date: | S. 303 on 1.11.17: s. 2(2) |\n\n**Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017, No. 10/2017**\n\n| Assent Date: | 27.3.17 |\n| Commencement Date: | S. 36 on 1.4.17: Special Gazette (No. 94) 27.3.17 p. 1 |\n\n**Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017**\n\n| Assent Date: | 24.10.17 |\n| Commencement Date: | S. 85 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 87) on 1.3.19: s. 2(2) |\n\n**West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019** (as amended by No. 49/2019)\n\n| Assent Date: | 26.3.19 |\n| Commencement Date: | Ss 115–129 on 19.2.20: s. 2(3) |\n\n**Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019**\n\n| Assent Date: | 6.11.19 |\n| Commencement Date: | S. 117(Sch. 1 item 9) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 |\n\n**Transport Legislation Amendment Act 2019, No. 49/2019**\n\n| Assent Date: | 3.12.19 |\n| Commencement Date: | S. 186(Sch. 4 item 28) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 items 69.1, 69.5) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 69.2−69.4) on 1.7.21: s. 2(4) |\n\n**North East Link Act 2020, No. 18/2020**\n\n| Assent Date: | 10.6.20 |\n| Commencement Date: | Ss 137−140 on 1.3.21: s. 2(2) |\n\n**Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022, No. 17/2022**\n\n| Assent Date: | 18.5.22 |\n| Commencement Date: | S. 102 on 6.9.22: Special Gazette (No. 456) 6.9.22 p. 1; ss 101, 103 on 8.3.24: s. 2(3) |\n\n**State Electricity Commission Amendment Act 2024, No. 11/2024**\n\n| Assent Date: | 26.3.24 |\n| Commencement Date: | S. 98 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1 |\n\n**Roads and Road Safety Legislation Amendment Act 2024, No. 46/2024**\n\n| Assent Date: | 19.11.24 |\n| Commencement Date: | S. 47 on 13.8.25: s. 2(3) |\n\n**Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025**\n\n| Assent Date: | 5.8.25 |\n| Commencement Date: | S. 106(Sch. 1 item 27) on 6.8.25: s. 2(1) |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 3 def. of ***the Agreement***: For a comprehensive list of the Exhibits which form part of the Agreement for the Melbourne City Link Project see explanatory details at the end of the \"Agreement for the Melbourne City Link\". [↑](#endnote-ref-2)\n\n2. S. 15: The Agreement for the Melbourne City Link Project has been varied by further agreements between the parties in accordance with section 15(1) of the Act. For a comprehensive list of the amending agreements see explanatory details at the end of the \"Agreement for the Melbourne City Link\". [↑](#endnote-ref-3)\n\n3. S. 15: The Agreement for the Melbourne City Link Project has been varied in accordance with the terms of the Agreement and section 15(1A) of the Act. For a comprehensive list of the Statements of Variation see explanatory details at the end of the \"Agreement for the Melbourne City Link\". [↑](#endnote-ref-4)\n\n4. S. 15B: The Agreement for Integrating and Facilitating the Project and the Exhibition Street Extension Project has been varied by further agreements of the parties in accordance with section 15B(1) of the Act. For a comprehensive list of the amending agreements see explanatory details at the end of the \"Agreement for Integrating and Facilitating the Project and the Exhibition Street Extension Project\". [↑](#endnote-ref-5)\n\n5. S. 15B: The Agreement for Integrating and Facilitating the Project and the Exhibition Street Extension Project has been varied in accordance with the terms of the Integration and Facilitation Agreement and section 15B(2) of the Act. For a comprehensive list of the Statements of Variation see explanatory details at the end of the \"Agreement for Integrating and Facilitating the Project and the Exhibition Street Extension Project\". [↑](#endnote-ref-6)\n\n6. S. 15D: The Agreement for the Exhibition Street Extension Project has been varied by further agreements between the parties in accordance with section 15D(1) of the Act. For a comprehensive list of the amending agreements see explanatory details at the end of the \"Agreement for the Exhibition Street Extension Project\". [↑](#endnote-ref-7)\n\n7. S. 15D: The Agreement for the Exhibition Street Extension Project has been varied in accordance with the terms of the Extension Agreement and section 15D(2) of the Act. For a comprehensive list of the Statements of Variation see explanatory details at the end of the \"Agreement for the Exhibition Street Extension Project\". [↑](#endnote-ref-8)\n\n8. Pt 4 Div. 3 (Heading and ss 90–91) amended by Nos 102/1998 s. 25, 81/2000 s. 24, 12/2004 s. 162(9)–(12), 49/2004 ss 14–16, 110/2004 ss 14, 15, 66/2008 s. 31, 6/2010 s. 203(1)(Sch. 6 items 31.9–31.12) (as amended by No. 45/2010 s. 22), 75/2010 s. 8, 82/2012 ss 294(1)(b)–(3), 312(b), 55/2013 s. 15, 37/2014 s. 10(Sch. items 111.3–111.5), substituted as Pt 4 Div. 3 (Heading and s. 90) by No. 70/2016 s. 46. [↑](#endnote-ref-9)","sortOrder":196}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded significantly from its original purpose of authorising a single infrastructure project. Over time, amendments have extended its reach to cover additional road connections, modified tolling arrangements, adjusted the concession terms, and incorporated new enforcement mechanisms — reflecting the evolution of Melbourne's toll road network well beyond what was envisioned in 1995."},"complexity_factors":["Governs a long-term public-private partnership with complex commercial and legal arrangements between government and private operator","Incorporates a concession deed by reference, meaning the full legal picture requires reading external contractual documents alongside the Act","Interacts with and overrides multiple other Victorian laws including planning, local government, and compulsory acquisition legislation","Tolling and enforcement provisions involve technical regulatory mechanisms","Has been amended numerous times since 1995, creating layered version history that complicates interpretation","Involves both public law (government powers) and private law (contractual rights) principles simultaneously","Long operational lifespan means accumulated amendments and evolving interpretive complexity over decades"],"plain_english_summary":"## Melbourne City Link Act 1995\n\nThis Victorian law was created to establish the legal framework for the **Melbourne City Link project** — a major toll road network connecting freeways across Melbourne, including the Tullamarine, West Gate, and South Eastern Freeways.\n\n### Who does this affect?\n- **Motorists** driving on Melbourne's toll roads (CityLink), who are subject to tolling obligations under this framework\n- **Transurban** (the private company that operates CityLink) and its predecessors, whose rights and responsibilities are governed by this Act\n- **The Victorian Government**, which entered into a long-term concession agreement (a contract giving a private company the right to build and operate public infrastructure) with the toll road operator\n- **Landowners and residents** near the roadway who may have been affected by construction and compulsory land acquisition (where the government takes private land for public purposes)\n\n### What does it do?\n- Authorises the building and operation of the CityLink toll road as a **public-private partnership** (where government and a private company share the cost and responsibility of infrastructure)\n- Gives legal effect to the **concession deed** — the binding contract between the Victorian Government and the operator\n- Sets out tolling powers, including how tolls are charged and enforced\n- Provides for the eventual **hand-back** of the road to the government when the concession period ends\n- Overrides some standard planning and local government rules to allow the project to proceed\n\n### Why does it matter?\nThis Act is the legal backbone of one of Australia's most significant privatised transport infrastructure projects. It locks in the rights of a private company to collect tolls from Melbourne drivers for decades, while also protecting the public interest through government oversight."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally enacted for the Melbourne City Link Project (southern and western links), the Act has been significantly expanded to include the Exhibition Street Extension Project (1998), the Link Upgrade Project (2006), the City Link Tullamarina Widening Project (2016), and provisions for roaming agreements with EastLink, West Gate Tunnel, and North East Link. This represents a substantial broadening of the original scope."},"complexity_factors":["Approximately 50 defined terms in section 3","Cross-references to multiple other Acts (Road Management Act 2004, Transport Integration Act 2010, etc.)","Nested subdivisions in Part 2B (Interface with Utilities) with many sections","Multiple projects added over time (Exhibition Street, Link Upgrade, Tullamarina Widening, roaming agreements)","Complex toll enforcement mechanisms with operator onus, nomination statements, and infringement procedures","Numerous amendments with transitional provisions"],"plain_english_summary":"This Act sets up the legal framework for Melbourne's City Link toll roads. It gives a private company (Transurban) the right to build, operate, and collect tolls on certain roads, in exchange for doing the construction and maintenance work. The Act also creates rules for enforcing toll payments, including cameras that capture number plates, sending infringement notices, and penalties for non-payment. Over time, the Act has been expanded to cover additional road projects like the Exhibition Street extension and the Link Upgrade. It overrides many other laws (such as planning and building regulations) to speed up construction. The Act affects anyone who drives on City Link toll roads, as they must pay tolls or risk fines. It also limits the powers of local councils and other public bodies over the toll road areas."},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1995 Act was narrowly focused on ratifying the initial Melbourne City Link Agreement, granting concessions to Transurban for the southern and western links, authorising tolls, and basic land/leasing powers (ss.1, 4, 6, 14, 60). Over time its scope has expanded dramatically to incorporate the Exhibition Street Extension (Part 4A), Link Upgrade Project (Part 2B), Tullamarine Widening (Part 2C), detailed utility relocation and cost apportionment rules, roaming agreements with EastLink, West Gate Tunnel and North East Link operators (Part 4 Divisions 5–7), enhanced debt recovery and infringement processes, and broad immunities/delegations. This has transformed it from a project-specific ratification statute into a comprehensive, ongoing toll-road regulatory regime."},"complexity_factors":["Over 120 sections across 6 Parts plus multiple Divisions and Subdivisions, with frequent cross-references to at least 15 other Acts (e.g. Road Management Act 2004 ss. in Part 2B, Transport Integration Act 2010 in s.5)","Extensive interpretation section (s.3) with over 50 defined terms, many of which are nested or reference external legislation (e.g. 'relevant corporation' defined differently for Parts 4 vs rest of Act)","Layered conditional logic in toll enforcement (ss.72–73, 77–89) including statements of user/seller, nomination rejections, and 15-month limitation periods","Detailed utility interface regime in Part 2B Division 7 (ss.46–56ZD) with 7 Subdivisions covering consent, agreements, notices, directions, liability, disputes, and emergencies","Multiple ratification and variation mechanisms for Agreements (Part 2 ss.14–18B) that prevail over the Act itself (s.16) and modify Victorian law (s.17)","Transitional provisions, schedules for land revocations, and roaming agreements (Part 4 Divisions 5–7) added over 25+ years of amendments"],"plain_english_summary":"**This Act creates the legal framework for Melbourne's CityLink toll road system.** It ratifies long-term agreements between the Victorian Government and private companies (primarily Transurban and related entities) to design, build, finance, operate, and maintain the toll roads. \n\nKey elements include:\n- **Land management**: Rules for reserving, leasing, and licensing Crown land for the roads, tunnels, and related infrastructure, including overrides of normal planning, heritage, and building laws during construction.\n- **Tolling**: Authorises companies to set, charge, and collect tolls and fees from drivers. It sets up registration systems, penalties for driving without registration or evading tolls, and debt recovery processes (including using vehicle owner data and infringement notices).\n- **Utility and interface rules**: Detailed procedures for how utilities (power, water, gas, rail) interact with the roads during upgrades, including who pays for moving pipes or cables and dispute resolution by Ministers.\n- **Operations and protections**: Grants the operating companies similar legal immunities to government road authorities, limits local council powers over the roads, and includes emergency management powers.\n\nIt affects **drivers** (who must pay tolls or face fines), **operating companies** (who gain powers and obligations), **government agencies** like Head, Transport for Victoria (which oversees contracts and land), **utilities**, and **local councils** (whose powers are restricted). It matters because it enables private funding of major infrastructure while balancing public interests like safety, fair tolling, and minimal disruption to services."}},"importantCases":[],"_links":{"self":"/api/acts/melbourne-city-link-act-1995","history":"/api/acts/melbourne-city-link-act-1995/history","analysis":"/api/acts/melbourne-city-link-act-1995/analysis","conflicts":"/api/acts/melbourne-city-link-act-1995/conflicts","importantCases":"/api/acts/melbourne-city-link-act-1995/important-cases","documents":"/api/acts/melbourne-city-link-act-1995/documents"}}