{"id":"west-gate-tunnel-truck-bans-and-traffic-management-act-2019","name":"West Gate Tunnel (Truck Bans and Traffic Management) Act 2019","slug":"west-gate-tunnel-truck-bans-and-traffic-management-act-2019","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174283,"registerId":"vic-west-gate-tunnel-truck-bans-and-traffic-management-act-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe main purposes of this Actare—\n\n(a) to provide for the amendment, modification and tabling of the West Gate Tunnel Agreement; and\n\n(b) to provide for the imposition, collection and enforcement of tolls in relation to the use of the West Gate Tunnel tollway; and\n\n(c) to establish the Better Freight Outcomes Fund into which the proceeds of infringement fines in respect of truck ban offences are to be paid; and\n\n(d) to amend the **Road Management Act 2004** and the **Road Safety Act 1986** to modify the operation of those Acts in relation to the West Gate Tunnel tollway; and\n\n(e) to amend the **Melbourne City Link Act 1995** and the **EastLink Project Act 2004**—\n\nS. 1(e)(i) amended by No. 49/2019 s. 156.\n\n(i) to further provide for the use and disclosure of registration and licensing information held by the Secretary to the Department of Transport for the purpose of recovering unpaid tolling fees; and\n\n(ii) to further provide for the imposition, collection and enforcement of tolls in relation to the use of a vehicle to which a trailer is attached in certain circumstances; and\n\n(f) to make consequential and related amendments to the **Road Management Act 2004**, the **Road Safety Act 1986** and to make related amendments to certain other Acts.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) This Part and Part 2 of this Act come into operation on the day after 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 of this Act referred to in subsection (2) does not come into operation before 19 February 2020, it comes into operation on that day.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nIn this Act—\n\n***amending agreement*** means an amending agreement made under section 13;\n\n***authorised person*** means a person authorised under section 20;\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\n***Chief Commissioner of Police*** has the same meaning as Chief Commissioner has in the **Victoria Police Act 2013**;\n\n***Children's Court registrar*** means a registrar within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**;\n\n***corresponding body*** has the same meaning as it has in section 84BB of the **Road Safety Act 1986**;\n\n***corresponding law*** has the same meaning as it has in section 84BB of the **Road Safety Act 1986**;\n\nS. 3 def. of *Council* amended by No. 9/2020 s. 390(Sch. 1 item 112).\n\n***Council*** has the same meaning as it has in the **Local Government Act 2020**;\n\nS. 3 def. of *Department* inserted by No. 49/2019 s. 157(a), amended by No. 25/2025 s. 106(Sch. 1 item 51.1(a)).\n\n***Department*** means the Department of Transport and Planning;\n\n***Department Head*** has the same meaning as it has in the **Public Administration Act 2004**;\n\nS. 3 def. of *Director, Fines Victoria* inserted by No. 17/2022 s. 108(a).\n\n***Director, Fines Victoria*** has the same meaning as Director has in section 3 of the **Fines Reform Act 2014**;\n\n***effective***, in relation to an illegal user statement, a known user statement or a sold vehicle statement, means a statement that is accepted by an authorised person under section 26 as an effective statement and that has not ceased to be an effective statement for the purposes of section 27;\n\n***enforcement agency*** means—\n\n(a) the Chief Commissioner of Police; or\n\n(b) a prescribed person;\n\n***enforcement officer*** means—\n\n(a) in the case of an infringement notice for an offence against section 60(1) or (3), a person authorised by the Minister under section 72(2); and\n\n(b) in any other case, a person authorised by an enforcement agency under section 43(1);\n\n***extension of time*** means an extension of time granted under section 52(4);\n\n***Head, Transport for Victoria*** has the same meaning as it has in section 3 of the **Transport Integration Act 2010**;\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\n***infringement notice*** has the same meaning as it has in the **Infringements Act 2006**;\n\n***infringement penalty*** has the same meaning as it has in the **Infringements Act 2006**;\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. 3 def. of *Magistrates' Court registrar* repealed by No. 17/2022 s. 108(b).\n\n***minimum debt recovery requirements*** means the requirements specified by the Minister under section 31(1);\n\n***modification*** means a change to the scope of, or technical standards applicable to, design and construction or operation or maintenance activities contained in the West Gate Tunnel Agreement in accordance with the terms of the West Gate Tunnel Agreement;\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\n***ongoing registration agreement*** means an agreement made in accordance with section 34;\n\nS. 3 def. of *operator* amended by No. 49/2019 s. 157(b).\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 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\n***penalty reminder notice fee*** has the same meaning as it has in the **Infringements Act 2006**;\n\n***police officer*** has the same meaning as it has in the **Victoria Police Act 2013**;\n\n***project authority*** has the same meaning as it has in the **Major Transport Projects Facilitation Act 2009**;\n\n***project contractor*** has the same meaning as it has in the **Major Transport Projects Facilitation Act 2009**;\n\n***project document*** means any document of a class that is designated in the West Gate Tunnel Agreement as a project document;\n\n***public authority*** means any body (including any trust) established by or under an Act for a public purpose, other than a Council;\n\n***registered operator*** has the same meaning as it has in section 3(1) of the **Road Safety Act 1986**;\n\n***registration*** means—\n\n(a) a temporary registration; or\n\n(b) an ongoing registration;\n\n***relevant agency*** means—\n\n(a) the relevant West Gate Tunnel Corporation; or\n\n(b) the West Gate Tunnel operator; or\n\n(c) an enforcement agency;\n\n***relevant West Gate Tunnel Corporation*** means—\n\n(a) for the purposes of Part 3, except sections 21 and 22, if—\n\n(i) a person has been declared under Part 3 to be the relevant West Gate Tunnel Corporation, that person; or\n\n(ii) a declaration is not in force under Part 3, the West Gate Tunnel Corporation; and\n\n(b) for the purposes of a provision of this Act other than those referred to in paragraph (a), including sections 21 and 22, the West Gate Tunnel Corporation;\n\n***responsible person***, in relation to a vehicle or 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 trailer in an effective known user statement or an effective sold vehicle statement;\n\nS. 3 def. of *Secretary* amended by No. 25/2025 s. 106(Sch 1 item 51.1(b)).\n\n***Secretary*** means the Secretary to the Department;\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\n***special circumstances*** has the same meaning as it has in the **Infringements Act 2006**;\n\n***temporary registration*** means the registration of a vehicle in accordance with section 35;\n\n***toll*** means a toll fixed under Division 2 of Part 3;\n\n***toll administration fee*** means a fee fixed under Division 2 of Part 3;\n\n***toll zone*** means a zone specified under Division 2 of Part 3;\n\n***tolling device*** means any system, equipment or thing prescribed as a device for the purposes of Part 3;\n\n***tolling nomination statement*** means a tolling nomination statement made by an authorised tolling person under Part 6AA of the **Road Safety Act 1986**;\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 on a tollway;\n\n***tollway operator*** means a person, other than the West Gate Tunnel Corporation, who—\n\n(a) operates a tollway under a law of this State, or another State or of a 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\n***trailer*** has the same meaning as it has in the **Road Safety Act 1986**;\n\n***trip*** means the driving of a vehicle on the West Gate Tunnel tollway in one toll zone or more than one toll zone and uninterrupted by exit from the road on which the zone is or zones are and subsequent re-entry to that road;\n\n***vehicle*** has the same meaning as motor vehicle has in the **Road Safety Act 1986**;\n\nS. 3 def. of *VicRoads* repealed by No. 49/2019 s. 157(c).\n\n ** * * * **\n\n***West Gate Tunnel Agreement*** means the agreement for the West Gate Tunnel Project entered into by the Minister on 11 December 2017 and the Schedules and exhibits to that agreement as in force immediately before the commencement of Part 2 of this Act, and includes that agreement and the Schedules and exhibits to that agreement as amended from time to time;\n\n***West Gate Tunnel Corporation*** means the person for the time being declared to be the West Gate Tunnel Corporation under section 8;\n\n***West Gate Tunnel operator*** means the person for the time being declared to be the West Gate Tunnel operator under section 9;\n\n***West Gate Tunnel Project*** means the project declared as the Western Distributor Project under section 10 of the **Major Transport Projects Facilitation Act 2009** on 5 September 2016 and published in the Government Gazette on 15 September 2016;\n\n***West Gate Tunnel Project area*** means the area of land designated as the project area by Order under section 95 of the **Major Transport Projects Facilitation Act 2009** on 8 December 2017 and published in the Government Gazette on that date and as varied from time to time under section 96 of that Act;\n\n***West Gate Tunnel tollway*** means the land in the West Gate Tunnel Project area that is declared to be a freeway under section 193 of the **Major Transport Projects Facilitation Act 2009**.\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Objects of Act","content":"\t4 Objects of Act\n\nThe objects of this Act are to authorise and facilitate—\n\n(a) the operation and management of the West Gate Tunnel tollway; and\n\n(b) the tolling of the use of vehicles on the West Gate Tunnel tollway by the West Gate Tunnel Corporation.\n\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Relationship with the power of the Crown to make an agreement or enter into a contract","content":"\t5 Relationship with the power of the Crown to make an agreement or enter into a contract\n\nNothing in this Act limits or otherwise affects any power of the Crown to make an agreement or enter into a contract apart from this Act.\n\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Declaration this Act is transport legislation","content":"\t6 Declaration this Act is transport legislation\n\nThis Act is transport legislation within the meaning of the **Transport Integration Act 2010**.\n\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Functions and powers of the Secretary","content":"\t7 Functions and powers of the Secretary\n\nS. 7(1) amended by No. 49/2019 s. 158(1).\n\n(1) Subject to this section, the Secretary has the following functions—\n\n(a) on behalf of the Crown, to administer and manage contractual arrangements between the Crown and the West Gate Tunnel 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 operation of the West Gate Tunnel tollway;\n\n(d) to make recommendations to the Minister on public safety issues relating to the West Gate Tunnel tollway;\n\n(e) to manage, on behalf of the Crown, regulatory issues arising from the operation of the West Gate Tunnel tollway;\n\n(f) to undertake any other functions conferred on the Secretary in relation to the West Gate Tunnel tollway under this or any other Act.\n\n(2) The Secretary must comply with any directions of the Minister, including any direction relating to the provision of information or reports concerning the exercise of the Secretary's powers and the performance of the Secretary's functions.\n\n(3) The Governor in Council may, by Order published in the Government Gazette, declare that the Secretary is authorised to carry out a function under subsection (1).\n\n(4) The Secretary must not carry out a function under subsection (1) unless the Secretary has been authorised to do so in accordance with subsection (3).\n\nS. 7(4A) inserted by No. 49/2019 s. 158(2).\n\n(4A) Despite subsections (3) and (4), the Secretary may carry out any of the Secretary's functions under section 59 without being authorised to do so in accordance with subsection (3).\n\n(5) The Secretary has all the powers that are necessary or convenient to perform the Secretary's functions under this section.\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"West Gate Tunnel Corporation","content":"\t8 West Gate Tunnel Corporation\n\n(1) The Governor in Council may, by Order published in the Government Gazette, declare any person to be the West Gate Tunnel Corporation.\n\n(2) If the person who is, for the time being, the West Gate Tunnel Corporation agrees to the declaration of another person as the West Gate Tunnel Corporation in its place, the Governor in Council may, by Order published in the Government Gazette declare that other person to be the West Gate Tunnel Corporation.\n\n(3) If the West Gate Tunnel Agreement is terminated or expires, the Governor in Council may, by Order published in the Government Gazette—\n\n(a) declare that the person who, immediately before the termination or expiry, was the West Gate Tunnel Corporation has ceased to be the West Gate Tunnel Corporation; and\n\n(b) declare a person specified in the Order to be the West Gate Tunnel Corporation.\n\n(4) 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(5) The person who is, for the time being, the West Gate Tunnel Corporation is not a public authority within the meaning of any Act or enactment by reason only that it is the West Gate Tunnel Corporation.\n\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"West Gate Tunnel operator","content":"\t9 West Gate Tunnel operator\n\n(1) The Governor in Council may, by Order published in the Government Gazette, declare any person to be the West Gate Tunnel operator.\n\n(2) If the person who is, for the time being, the West Gate Tunnel operator agrees to the declaration of another person as the West Gate Tunnel operator, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the West Gate Tunnel operator for the purposes of this Act.\n\n(3) If the West Gate Tunnel Agreement is terminated or expires, the Governor in Council may, by Order published in the Government Gazette—\n\n(a) declare that the person who, immediately before the termination or expiry, was the West Gate Tunnel operator has ceased to be the West Gate Tunnel operator; and\n\n(b) declare a person specified in the Order to be the West Gate Tunnel operator for the purposes of this Act.\n\n(4) 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(5) The person who is, for the time being, the West Gate Tunnel operator is not a public authority within the meaning of any Act or enactment by reason only that it is the West Gate Tunnel operator.\n\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Power of delegation","content":"\t10 Power of delegation\n\n(1) The West Gate Tunnel Corporation may by instrument delegate to the West Gate Tunnel operator all or any of the following—\n\n(a) any of its functions or powers under Part 3 (except the power to fix or impose a toll or toll administration fee under section 21 or 22) or the regulations made under this Act in respect of tolling;\n\n(b) any of its functions or powers under the **Road Management Act 2004** or regulations under that Act;\n\nS. 10(1)(c) amended by No. 18/2020 s. 157.\n\n(c) any of its functions or powers under the **Road Safety Act 1986** or regulations or rules under that Act;\n\n(d) any of its functions or powers under the **Accident Towing Services Act 2007** or regulations under that Act;\n\n(e) any of its functions or powers under the regulations made under section 56 of the **Transport (Compliance and Miscellaneous) Act 1983**.\n\n(2) If the West Gate Tunnel Corporation delegates any function or power under this section, the West Gate Tunnel Corporation must publish a notice of that delegation in the Government Gazette.\n\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Act binds the Crown","content":"\t11 Act binds the 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\nPart 2—The West Gate Tunnel Agreement\n\nDivision 1—West Gate Tunnel Agreement\n\n\t12 Tabling in Parliament\n\n(1) The Minister must cause a copy of the West Gate Tunnel Agreement to be laid before each House of the Parliament.\n\n(2) The Minister must cause a copy of each amending agreement to be laid before each House of the Parliament within 6 sitting days of that House following the publication of the notice of making of the amending agreement.\n\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Amendment of West Gate Tunnel Agreement","content":"\t13 Amendment of West Gate Tunnel Agreement\n\n(1) The parties to the West Gate Tunnel Agreement may, from time to time, by agreement in writing and with the consent of the Minister, amend all or any of the provisions of the West Gate Tunnel Agreement that affect those persons.\n\n(2) The Minister must cause to be published in the Government Gazette a notice of the making of an agreement under subsection (1).\n\n(3) The notice must—\n\n(a) state that an agreement has been made; and\n\n(b) specify an address of a Government Internet site at which the agreement is published.\n\n(4) The Minister or a public entity designated by the Minister must cause an agreement that is the subject of a notice under subsection (2) to be published on the Government Internet site specified in the notice.\n\n(5) An amendment under subsection (1) comes into operation—\n\n(a) on the day the notice under subsection (2) is published in the Government Gazette; or\n\n(b) if a later day is specified in the agreement, on that later day.\n\n(6) In this section—\n\n***amend*** includes—\n\n(a) a variation; or\n\n(b) an addition; or\n\n(c) a substitution; or\n\n(d) a cancellation; or\n\n(e) a revocation—\n\nbut does not include a modification.\n\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Modification of West Gate Tunnel Agreement","content":"\t14 Modification of West Gate Tunnel Agreement\n\n(1) The State may direct that changes be made to all or any of the provisions of the West Gate Tunnel Agreement that are necessary to make a modification.\n\n(2) The Minister must cause to be published in the Government Gazette a notice of a modification being made in accordance with subsection (1).\n\n(3) The notice must—\n\n(a) state that a modification has been made; and\n\n(b) specify an address of a Government Internet site on which the modification is published.\n\n(4) The Minister or a public entity designated by the Minister must cause a modification that is the subject of a notice under subsection (2) to be published on the Government Internet site specified in the notice.\n\n(5) A modification under subsection (1) comes into operation—\n\n(a) when the notice under subsection (2) is published in the Government Gazette; or\n\n(b) if a later day is specified in the direction of a modification, on that later day.\n\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Revocation","content":"\t15 Revocation\n\n(1) An amending agreement made after the commencement of this section may be revoked wholly or in part by a resolution of both Houses of the Parliament being passed within 6 sitting days of a copy of the amending agreement being laid before each House of the Parliament.\n\n(2) If an amending agreement is not laid before a House of the Parliament within the period required by section 12(2), the amending agreement is taken to be revoked on the day immediately following the end of that period.\n\n(3) The Minister must cause to be published in the Government Gazette a notice of the revocation of the amending agreement.\n\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Effect of revocation of amending agreement","content":"\t16 Effect of revocation of amending agreement\n\nIf an amending agreement is revoked under section 15—\n\n(a) a provision of the West Gate Tunnel Agreement that had been cancelled or revoked by the amending agreement, or by the part of the amending agreement that is revoked, is revived as from the beginning of the day on which the amending agreement or part was revoked; and\n\n(b) a provision of the West Gate Tunnel Agreement that had been amended (otherwise than by cancellation or revocation) by the amending agreement, or by the part of the amending agreement that is revoked, takes effect without that amendment as from the beginning of the day on which the amending agreement, or part, was revoked as if the amendment had not been made.\n\n","sortOrder":15},{"sectionNumber":"Div 2","sectionType":"division","heading":"Giving effect to the West Gate Tunnel Agreement","content":"Division 2—Giving effect to the West Gate Tunnel Agreement\n\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Act to prevail over West Gate Tunnel Agreement","content":"\t17 Act to prevail over West Gate Tunnel Agreement\n\nIf a provision of the West Gate Tunnel Agreement is inconsistent with a provision of this Act, the provision of this Act prevails.\n\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Enforcement of West Gate Tunnel Agreement","content":"\t18 Enforcement of West Gate Tunnel Agreement\n\n(1) The West Gate Tunnel Agreement may be enforced only by or on behalf of the State or another party to the West Gate Tunnel Agreement or a successor or assignee of another party to the West Gate Tunnel Agreement.\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 the West Gate Tunnel Agreement; or\n\n(b) a licensee for the West Gate Tunnel Project within the meaning of the **Major Transport Projects Facilitation Act 2009**; or\n\n(c) a lessee in relation to the West Gate Tunnel Project within the meaning of the **Major Transport Projects Facilitation Act 2009**; or\n\n(d) any employee or contractor of that other party, licensee or lessee.\n\nPart 3—Tolls\n\nDivision 1—Preliminary\n\n\t19 Declaration of relevant West Gate Tunnel Corporation\n\n(1) The West Gate Tunnel Corporation and the Minister, by notice published in the Government Gazette, may jointly declare that another person is the relevant West Gate Tunnel Corporation for the purposes of this Part other than Division 2.\n\n(2) A notice under subsection (1) 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\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Authorised persons","content":"\t20 Authorised persons\n\nThe relevant West Gate Tunnel Corporation may, in writing, authorise a person to carry out functions under this Part.\n\nDivision 2—Fixing, charging and administration of tolls\n\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Relevant West Gate Tunnel Corporation may fix, charge and collect tolls","content":"\t21 Relevant West Gate Tunnel Corporation may fix, charge and collect tolls\n\nThe relevant West Gate Tunnel Corporation may fix, charge and collect tolls for the use of a vehicle in a toll zone and toll administration fees if it is done in accordance with this Act and the West Gate Tunnel Agreement.\n\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Fixing of tolls and toll administration fees","content":"\t22 Fixing of tolls and toll administration fees\n\n(1) The relevant West Gate Tunnel Corporation in accordance with this Act and the West Gate Tunnel Agreement by notice published in the Government Gazette may—\n\n(a) specify toll zones on the West Gate Tunnel tollway; and\n\n(b) fix tolls that are payable in respect of the use of vehicles in toll zones; and\n\n(c) in the case that the West Gate Tunnel Agreement expressly provides for the fixing of toll administration fees that are payable to the relevant West Gate Tunnel Corporation and specification of the circumstances in which the fees are payable, fix toll administration fees and specify circumstances in which the fees are payable.\n\n(2) A notice under subsection (1) may specify different tolls and toll administration fees in respect of different cases or classes of cases including different zones or groups of zones, different classes of vehicle and the use of different vehicles at different times or any combination of these.\n\n(3) A notice under subsection (1) 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\n(4) A day fixed under subsection (3) in relation to the West Gate Tunnel tollway or a part of the West Gate Tunnel tollway must be on or after the day fixed under section 23 for the commencement of tolling on the West Gate Tunnel tollway or that part of the West Gate Tunnel tollway.\n\n(5) In any proceedings under this Part, the production of a Government Gazette purporting to contain a notice 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 West Gate Tunnel Agreement.\n\n","sortOrder":21},{"sectionNumber":"Div 3","sectionType":"division","heading":"Charge and collection of tolls","content":"Division 3—Charge and collection of tolls\n\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Commencement of tolling","content":"  23 Commencement of tolling\n\n  (1) The Governor in Council may, by Order published in the Government Gazette, fix a day for the commencement of tolling on the West Gate Tunnel tollway or part of the West Gate Tunnel tollway.\n\n(2) A day fixed under subsection (1) must be determined in accordance with this Act and the West Gate Tunnel Agreement.\n\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Liability to pay toll and toll administration fees","content":"\t24 Liability to pay toll and toll administration fees\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 West Gate Tunnel Corporation—\n\n(a) the toll charged by the relevant West Gate Tunnel Corporation for that use; and\n\n(b) the relevant toll administration fee charged by the relevant West Gate Tunnel Corporation.\n\n(2) The following persons are taken to be the driver of a vehicle used in a toll zone for the purposes of subsection (1)—\n\n(a) the operator of the vehicle;\n\n(b) 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.\n\n(3) This section does not apply in respect of the use in a toll zone of a vehicle in accordance with a tollway billing arrangement.\n\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Toll administration fee not payable for certain vehicles","content":"\t25 Toll administration fee not payable for certain vehicles\n\nA toll administration fee under section 24 is not payable in respect of a vehicle that—\n\n(a) is registered with the relevant West Gate Tunnel Corporation; or\n\n(b) under the regulations is exempt from the payment of tolls.\n\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Operator not liable if effective statement made","content":"\t26 Operator not liable if effective statement made\n\n(1) The operator of a vehicle or a trailer is not liable to pay a toll or toll administration fee under section 24 if the operator gives 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 in relation to the vehicle or the trailer for the purposes of this Part.\n\n(2) A statement under subsection (1) must be given to the authorised person within 28 days of a request for payment of a toll and toll administration fee being made of the operator of the vehicle or trailer.\n\n(3) An authorised person may accept an illegal user statement as an effective statement if the authorised person is satisfied of the matters, and any reasons set out in support of those matters, stated in the statement.\n\n(4) An authorised person may accept a known user statement or a sold vehicle statement as an effective statement if it contains the following information about the person nominated in the statement as the responsible person in relation to the vehicle or trailer concerned—\n\n(a) in the case of an individual—\n\n(i) the individual's full name and current home address; and\n\n(ii) either of the following—\n\n(A) the individual's date of birth; or\n\n(B) the number of the licence or permit authorising the individual to drive and if the licence or permit was issued by a corresponding body, the name of that body;\n\n(b) in the case of a person other than an individual—\n\n(i) the person's full name and current address; and\n\n(ii) if applicable, the person's Australian Business Number or Australian Company Number;\n\n(c) the reasons for nominating an individual under paragraph (a) or a person under paragraph (b);\n\n(d) any other prescribed information.\n\n(5) An authorised person may accept a known user statement or a sold vehicle statement that does not contain the information under subsection (4) as an effective statement if the authorised person is satisfied that it contains sufficient information for the nominated person to be identified and located.\n\n(6) 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 operator of the trailer at all the relevant times relating to the matter specified 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\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Cancellation of authorised person's acceptance of statement as effective","content":"\t27 Cancellation of authorised person's acceptance of statement as effective\n\n(1) An authorised person may cancel the acceptance of a known user statement or a sold vehicle statement as an effective statement if—\n\n(a) the person nominated in the statement as being the responsible person gives the 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)—\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 or the trailer becomes again the responsible person.\n\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Offence to provide false or misleading information","content":"\t28 Offence to provide false or misleading information\n\n(1) A person must not in a relevant statement provide information that the person knows to be false or misleading.\n\nPenalty: 60 penalty units.\n\n(2) In this section ***relevant statement*** means an illegal user statement or a known user statement or a sold vehicle statement or a nomination rejection statement.\n\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Charging of tolls","content":"\t29 Charging of tolls\n\n(1) The relevant West Gate Tunnel Corporation may request the payment of a toll for the use of a vehicle in a toll zone and any relevant toll administration fee from—\n\n(a) the operator of the vehicle; and\n\n(b) 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; and\n\n(c) the person nominated in a known user statement or a sold vehicle statement that is an effective statement.\n\n(2) A request for payment must—\n\n(a) be in writing; and\n\n(b) identify separately each use for which a toll or a toll administration fee is payable.\n\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Tolling device is not surveillance device","content":"\t30 Tolling device is not surveillance device\n\nA tolling device used in accordance with this Act and the West Gate Tunnel Agreement is not a surveillance device within the meaning of the **Surveillance Devices Act 1999**.\n\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Minimum debt recovery requirements","content":"\t31 Minimum debt recovery requirements\n\n(1) The Minister may specify the requirements to be met by the relevant West Gate Tunnel 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\n","sortOrder":31},{"sectionNumber":"Div 4","sectionType":"division","heading":"Tolling offences and registration of vehicles","content":"Division 4—Tolling offences and registration of vehicles\n\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Offence to drive unregistered vehicle in toll zone","content":"\t32 Offence to drive unregistered vehicle in toll zone\n\n(1) A person must not drive a vehicle in a toll zone unless the vehicle is registered in respect of that toll zone by the relevant West Gate Tunnel Corporation at that time.\n\n(2) If during the course of one 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 the trip.\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 the driver believed on reasonable grounds, at the time the offence is alleged to have been committed, that the vehicle—\n\n(a) was registered under this Part in respect of the relevant toll zone by the relevant West Gate Tunnel Corporation; or\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\n(4) 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\n(5) 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 the driver 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. 32(6) amended by No. 18/2020 s. 158(1)(a).\n\n(6) Despite anything to the contrary in this Act or any other Act (other than the Charter of Human Rights and Responsibilities)—\n\nS. 32(6)(a) amended by No. 18/2020 s. 158(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. 32(6)(b) amended by No. 18/2020 s. 158(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\n(7) For the purposes of subsection (6), 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(8) Subsection (1) does not apply in respect of—\n\n(a) a vehicle that is exempted, in accordance with the regulations, from the requirement to be registered under this Part; and\n\n(b) a vehicle that under the regulations is exempt from the payment of tolls; and\n\n(c) a vehicle that is covered by a tollway billing arrangement that was not suspended at the time the offence is alleged to have been committed.\n\n(9) On a person being found guilty of an offence under subsection (1), any debt that arose under this Part 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. 32(10) substituted by No. 18/2020 s. 158(2).\n\n(10) In this section—\n\n***invoice*** means a request for the payment of a toll in respect of a trip and any associated toll administration fee;\n\n***prescribed period*** means—\n\n(a) a period prescribed by the regulations for the purposes of subsection (6); or\n\n(b) if no period is prescribed under paragraph (a), a period of 7 days.\n\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Registration of vehicles","content":"\t33 Registration of vehicles\n\n(1) The relevant West Gate Tunnel Corporation may register a vehicle in accordance with the regulations (if any)—\n\n(a) for a specified period; or\n\n(b) until the happening of a specified event; or\n\n(c) for an unlimited period; or\n\n(d) in respect of all toll zones or a specified toll zone or toll zones.\n\n(2) A person may seek the registration under this Part of a vehicle or more than one vehicle by application made to the relevant West Gate Tunnel Corporation in writing or orally or partly in writing and partly orally.\n\n(3) The relevant West Gate Tunnel Corporation may, in accordance with this Part, cancel or suspend the registration of a vehicle.\n\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Ongoing registration agreements","content":"\t34 Ongoing registration agreements\n\n(1) Without limiting its discretion otherwise to do so, the relevant West Gate Tunnel Corporation may refuse to register a vehicle if the vehicle is not the subject of an ongoing registration agreement that is wholly or partly in writing between the relevant West Gate Tunnel Corporation and the person seeking registration.\n\n(2) Without limiting the matters for which an ongoing registration agreement 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 procedures by which, the agreement, or the registration under this Part of a vehicle that is subject of the agreement, may be cancelled or suspended.\n\n(3) The agreement by a relevant West Gate Tunnel Corporation to register a vehicle under this Part is sufficient consideration on the part of the relevant West Gate Tunnel Corporation for an ongoing registration agreement.\n\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Temporary registration","content":"\t35 Temporary registration\n\n(1) The relevant West Gate Tunnel Corporation may register a vehicle for a specified period of up to 14 days without an ongoing registration agreement being in force in respect of the vehicle.\n\n(2) A temporary registration is subject to the conditions of use notified to the person seeking the registration either orally or in writing or partly orally and partly in writing.\n\n(3) If a temporary registration is sought on a particular day for a period of 24 hours, the commencement of the temporary 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 temporary registration is sought.\n\n(4) If a temporary 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(5) The agreement by the relevant West Gate Tunnel Corporation to register a vehicle under this Part is sufficient consideration on the part of the relevant West Gate Tunnel Corporation for a temporary registration entered into under this section.\n\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Information to be given in relation to ongoing registration or temporary registration","content":"\t36 Information to be given in relation to ongoing registration or temporary registration\n\n(1) If the relevant West Gate Tunnel Corporation agrees to register a vehicle under this Part, it must give the following information to the person who sought the registration—\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\n(b) the whole or that part of the licence plate number of the vehicle that is stated to the relevant West Gate Tunnel 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 temporary registration, the conditions of use (if any);\n\n(e) except in the case of a temporary registration, information about how the registration may be cancelled or suspended;\n\n(f) in the case of a temporary registration—\n\n(i) the period to which the temporary registration applies; or\n\n(ii) if the period to which the temporary registration applies cannot be determined at the time the information is given, information which enables the person to determine the period to which the temporary registration applies;\n\n(g) the toll zone or toll zones in respect of which the vehicle has been or will be registered.\n\n(2) The required information must be given—\n\n(a) in the case of the information referred to in subsection (1)(a), (b), (c), (f) or (g), orally or in writing; or\n\n(b) in any other case, in writing.\n\n(3) The relevant West Gate Tunnel Corporation must give any required information that it has not given to the person seeking registration before registering a vehicle, to that person—\n\n(a) as soon as practicable after registering the vehicle; and\n\n(b) in the case of required information that must be given in writing, by sending a notice containing that required information to the person by post to an address nominated by that person within 5 business days after the date the registration is effected.\n\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Cancellation or suspension of registration","content":"\t37 Cancellation or suspension of registration\n\n(1) If the relevant West Gate Tunnel Corporation cancels or suspends the registration of a vehicle under this Part, 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 West Gate Tunnel 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 West Gate Tunnel 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 taken 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":38},{"sectionNumber":"38","sectionType":"section","heading":"Offence to tamper with tolling devices","content":"\t38 Offence to tamper with tolling devices\n\nA person must not, without just cause, tamper or interfere with a tolling device or any part of a tolling device in a manner that in respect of the use of a toll zone by a vehicle in which that tolling device is or may be situated—\n\n(a) causes incorrect information to be recorded or transmitted; or\n\n(b) prevents or interferes with the recording or transmission of information.\n\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Offence to fraudulently induce registration","content":"\t39 Offence to fraudulently induce registration\n\n(1) A person must not by fraudulent or collusive means, or by false representation, induce the relevant West Gate Tunnel Corporation to register a vehicle under this Part.\n\n(2) A person who seeks the right to drive a vehicle on the West Gate Tunnel tollway must not make a false representation to the relevant West Gate Tunnel Corporation in seeking to do so.\n\n","sortOrder":40},{"sectionNumber":"Div 5","sectionType":"division","heading":"Tolling enforcement","content":"Division 5—Tolling enforcement\n\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Payment of prescribed administrative amount","content":"\t40 Payment of prescribed administrative amount\n\n(1) Subject to subsection (2), if a charge against a person for an offence against section 32(1) 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 West Gate Tunnel 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 West Gate Tunnel 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":42},{"sectionNumber":"41","sectionType":"section","heading":"Relevant West Gate Tunnel Corporation or authorised person may notify enforcement agency of non-payment of toll","content":"\t41 Relevant West Gate Tunnel Corporation or authorised person may notify enforcement agency of non-payment of toll\n\n(1) If the relevant West Gate Tunnel Corporation or an authorised person believes on reasonable grounds that a person has committed an offence against section 32(1), the relevant West Gate Tunnel Corporation or the authorised person may do any or all of the following—\n\n(a) send a request for payment of the toll and the 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 toll administration fee; or\n\n(b) if the toll and the toll administration fee have not been paid in accordance with the processes set out in the West Gate Tunnel Agreement, notify the enforcement agency of that belief and request the enforcement agency—\n\n(i) to serve an infringement notice in accordance with this Part on—\n\n(A) the operator of the vehicle involved in the offence; or\n\n(B) 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; or\n\n(C) the person nominated by an authorised person in a tolling nomination statement; or\n\n(ii) to commence proceedings in respect of that offence in accordance with this Act.\n\n(2) Nothing in subsection (1) requires the relevant West Gate Tunnel Corporation or an authorised person to notify an enforcement agency of an offence against section 32(1).\n\n(3) If the relevant West Gate Tunnel Corporation or an authorised person believes, on reasonable grounds, that a vehicle that is not registered has been driven in a toll zone in contravention of this Part, the relevant West Gate Tunnel Corporation may notify the enforcement agency to send a notice of the requirement to be registered in respect of that toll zone to the operator of the vehicle or trailer concerned.\n\nS. 41(4) inserted by No. 17/2022 s. 109.\n\n(4) After a request is made to the enforcement agency under subsection (1)(b)(i), the relevant West Gate Tunnel Corporation may withdraw that request if the relevant West Gate Tunnel 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. 41(5) inserted by No. 17/2022 s. 109.\n\n(5) If the relevant West Gate Tunnel Corporation withdraws a request under subsection (4), it must notify the enforcement agency of that withdrawal.\n\nS. 41(6) inserted by No. 17/2022 s. 109.\n\n(6) On receiving a notification under subsection (5), the enforcement agency must withdraw any infringement notice served in respect of the request that the relevant West Gate Tunnel Corporation has withdrawn under subsection (4).\n\nS. 41(7) inserted by No. 17/2022 s. 109.\n\n(7) If an enforcement agency withdraws an infringement notice under subsection (6)—\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 West Gate Tunnel Corporation must not take any further action with respect to the matter.\n\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Disputes in relation to payment of tolls","content":"\t42 Disputes in relation to payment of tolls\n\n(1) If the relevant West Gate Tunnel Corporation or an authorised person has notified the enforcement agency under section 41(1)(b), 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 operator of the vehicle or trailer to which the offence relates.\n\n(2) If the relevant West Gate Tunnel Corporation or an authorised person has notified the enforcement agency under section 41(3), the enforcement agency may send, by post, a notice of the requirement to be registered in respect of the toll zone to the operator of the vehicle or trailer concerned.\n\n(3) If a dispute resolution process set out in an ongoing registration agreement or established by the relevant West Gate Tunnel 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 contravention of section 32(1) at that time.\n\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Enforcement officers","content":"\t43 Enforcement officers\n\n(1) An enforcement agency may authorise a person to be an enforcement officer for the purposes of this Part.\n\n(2) An authorisation must be in writing and specify the terms and conditions on which the person is appointed.\n\n(3) A person must not be appointed as an enforcement officer under this section unless the person has completed appropriate training or qualifications as determined by the enforcement agency.\n\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Identification of enforcement officers","content":"\t44 Identification of enforcement officers\n\n(1) An enforcement agency must issue an identity card to each person it authorises as an enforcement officer.\n\n(2) The identity card issued to a person must—\n\n(a) contain a photograph of the person; and\n\n(b) state the full name of the person; and\n\n(c) state that the person is an enforcement officer for the purposes of this Part.\n\n(3) An enforcement officer must produce the enforcement officer's identity card for inspection at any time during the exercise of a power under this Part, if asked to do so.\n\n(4) In any proceedings under this Act, an identity card purporting to be issued to a person by an enforcement agency under this section is evidence of the appointment of that person as an enforcement officer.\n\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Power to serve an infringement notice","content":"\t45 Power to serve an infringement notice\n\n(1) An enforcement officer may serve or cause to be served an infringement notice on any person whom the enforcement officer has reason to believe has committed an offence against section 32(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\n(3) 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 infringement notice by post addressed to—\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\n(b) the person nominated in a tolling nomination statement that has been made by an authorised tolling person and accepted by an enforcement official as an effective statement under Part 6AA of the **Road Safety Act 1986**.\n\n(4) 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\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Toll administration infringement notice","content":"\t46 Toll administration infringement notice\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 60(1) or (3), the enforcement officer may cause an infringement notice to be served on that relevant agency.\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\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Infringement penalty","content":"\t47 Infringement penalty\n\n(1) The infringement penalty for an offence against section 32(1) is 1 penalty unit.\n\n(2) The infringement penalty for an offence against section 60(1) or (3) is 20 penalty units.\n\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Additional effect of expiation","content":"\t48 Additional effect of expiation\n\nIn addition to and without limiting Division 5 of Part 2 of the **Infringements Act 2006**, if an infringement notice is not withdrawn and the person pays the penalty shown in the infringement notice—\n\n(a) within the time stated in the 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 this Part 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\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Effect of conviction for non-payment of penalty","content":"\t49 Effect of conviction for non-payment of penalty\n\nIf 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 that may be taken in respect of the conviction itself, including proceedings by way of appeal.\n\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Application of Infringements Act 2006, Fines Reform Act 2014 and Children, Youth and Families Act 2005 procedure","content":"\t50 Application of Infringements Act 2006, Fines Reform Act 2014 and Children, Youth and Families Act 2005 procedure\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 32(1); or\n\n(b) a relevant agency (other than an enforcement agency) for an offence against section 60(1) or (3).\n\n(2) The **Children, Youth and Families Act 2005** applies as if—\n\n(a) an infringement notice under this Part were an infringement notice within the meaning of Schedule 3 to that Act; and\n\n(b) an offence against section 32(1) or section 60(1) or (3) were an offence that is the subject of an infringement notice within the meaning of that Schedule; and\n\n(c) the infringement penalty for the offence were the infringement penalty for the purposes of that Schedule.\n\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Operator onus offence","content":"\t51 Operator onus offence\n\nAn offence against section 32(1) is an operator onus offence for the purposes of Part 6AA of the **Road Safety Act 1986**.\n\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone","content":"\t52 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone\n\nS. 52(1) amended by No. 17/2022 s. 110(1).\n\n(1) If an infringement notice for an offence against section 32(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 Children's Court registrar, 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. 52(2)(b) amended by No. 17/2022 s. 110(2).\n\n(b) be filed with the Director, Fines Victoria or the Children's Court registrar, as the case may be; and\n\nS. 52(2)(c) amended by No. 18/2020 s. 159(a).\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. 52(3) repealed by No. 17/2022 s. 110(3).\n\nS. 52(4) amended by Nos 18/2020 s. 159(b), 17/2022 s. 110(4).\n\n(4) The Director, Fines Victoria or a Children's Court registrar, 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 the application, that the infringement notice had been issued.\n\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Granting extension of time","content":"\t53 Granting extension of time\n\n(1) On an extension of time being granted—\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\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\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. 53(1)(d) amended by No. 46/2024 s. 50.\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 under the **Infringements Act 2006** or Schedule 3 to the **Children, Youth and Families Act 2005** or 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 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\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 an infringement fine or infringement penalty must be discontinued and any notice of final demand served or enforcement order made ceases to have effect if the person takes a relevant action in relation to the notice within the extended period.\n\n(2) For the purposes of subsection (1), a person who is granted an extension of time 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\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\n(c) elects to have the matter heard and determined in the Magistrates' Court under Part 2 of the **Infringements Act 2006**, or if the person is a child, elects to have the matter heard and determined in the Children's Court; or\n\n(d) is offered a payment plan in accordance with the **Infringements Act 2006** and the enforcement agency under that Act received the first payment under that plan from the person; or\n\nS. 53(2)(e) amended by No. 17/2022 s. 111(1).\n\n(e) 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\n(f) 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. 53(3) amended by Nos 18/2020 s. 160, 17/2022 s. 111(2).\n\n(3) If the Director, Fines Victoria or a Children's Court registrar, as the case may be, grants an extension of time, an infringement notice may be withdrawn under section 18 of the **Infringements Act 2006** even though the outstanding amount of an infringement penalty 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**.\n\n(4) Despite anything to the contrary in section 52 and this section or the **Infringements Act 2006**, the 28 day extension period is suspended and no step may be taken in the enforcement of an infringement notice to which section 52 and this section applies if a person has—\n\n(a) applied for an internal review under section 22 of the **Infringements Act 2006** 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 the **Infringements Act 2006**, until—\n\n(i) the person is notified that their 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 49(2)(b) of the **Infringements Act 2006**; 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 the **Infringements Act 2006**; 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 the **Infringements Act 2006**; or\n\n(C) the person receives written notice under section 52(2) of the **Infringements Act 2006** advising the person that the person is in default.\n\n(5) Despite anything to the contrary in section 52 and this section, the 28 day extension period is suspended and no step may be taken in the enforcement of an infringement notice to which section 52 and this section applies if a person has—\n\n(a) applied for an 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 section 42 of 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\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"The Consolidated Fund","content":"\t54 The Consolidated Fund\n\n(1) Subject to section 75, any amount payable or received under this Act in respect of an infringement penalty and penalty reminder notice fee in relation to an infringement notice must be paid into the Consolidated Fund.\n\n(2) Subject to sections 75 and 76, any amount to be paid or refunded under this Act is payable out of the Consolidated Fund which is, by virtue of this section, appropriated to the necessary extent.\n\n","sortOrder":56},{"sectionNumber":"Div 6","sectionType":"division","heading":"Evidentiary provisions","content":"Division 6—Evidentiary provisions\n\n","sortOrder":57},{"sectionNumber":"55","sectionType":"section","heading":"Proof that vehicle driven in a toll zone","content":"\t55 Proof that vehicle driven in a 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 32(1) or for the recovery of a debt, evidence of that fact as indicated or determined by—\n\n(a) a 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 that fact.\n\n","sortOrder":58},{"sectionNumber":"56","sectionType":"section","heading":"Evidentiary certificates","content":"\t56 Evidentiary certificates\n\nS. 56(1) amended by Nos 49/2019 s. 159(1), 25/2025 s. 106(Sch. 1 item 51.2).\n\n(1) A certificate in the prescribed form purporting to be issued by the Secretary, the Head, Transport for Victoria or the Department or an authorised officer 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\n(2) A certificate or document that purports to have been issued under a corresponding law certifying that on a particular date a vehicle or trailer was registered under that 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. 56(3) amended by Nos 49/2019 s. 159(2), 25/2025 s. 106(Sch. 1 item 51.3).\n\n(3) A certificate containing the prescribed particulars purporting to be issued by the Secretary, the Head, Transport for Victoria or the Department or an authorised officer certifying that on a particular date—\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.\n\n(4) A certificate or document that purports to have been issued under any corresponding law certifying that on a particular date—\n\n(a) a particular registration number was assigned under the corresponding law to a particular vehicle or trailer; or\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. 56(5) amended by No. 49/2019 s. 159(1).\n\n(5) For the purposes of this section an ***authorised officer*** is a person who is authorised or who is the holder of a position authorised for the purposes of this section by the Secretary.\n\n","sortOrder":59},{"sectionNumber":"57","sectionType":"section","heading":"Evidentiary certificates relating to tolls","content":"\t57 Evidentiary certificates relating to tolls\n\nA certificate in the prescribed form purporting to be issued by the enforcement agency certifying as to any matter related to a toll that appears in or may 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 the matter.\n\n","sortOrder":60},{"sectionNumber":"58","sectionType":"section","heading":"Evidentiary certificate issued by relevant West Gate Tunnel Corporation","content":"\t58 Evidentiary certificate issued by relevant West Gate Tunnel Corporation\n\nA certificate in the prescribed form purporting to be issued by the relevant West Gate Tunnel Corporation, or a person authorised by the relevant West Gate Tunnel Corporation, certifying any of the following matters is 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\n(a) that a specified vehicle was, or was not, registered in respect of a specified toll zone at a specified time;\n\n(b) that the relevant West Gate Tunnel 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;\n\n(c) that an agreement between a person and the relevant West Gate Tunnel 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;\n\n(d) that a specified vehicle was, or was not, covered by a tollway billing arrangement at a specified time;\n\n(e) that a tolling device was used in the prescribed manner;\n\n(f) that an image or message was produced by a prescribed process;\n\n(g) as to any other matter that appears in, or that can be determined or calculated from, the records kept by the relevant West Gate Tunnel Corporation.\n\n","sortOrder":61},{"sectionNumber":"Div 7","sectionType":"division","heading":"Disclosure and keeping of records","content":"Division 7—Disclosure and keeping of records\n\nS. 59 (Heading) amended by No. 49/2019 s. 160(1).\n\n","sortOrder":62},{"sectionNumber":"59","sectionType":"section","heading":"Secretary may disclose certain information","content":"\t59 Secretary may disclose certain information\n\nS. 59(1) amended by No. 49/2019 s. 160(2)(a).\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\nS. 59(1)(b) substituted by No. 49/2019 s. 160(2)(b).\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. 59(2) amended by No. 49/2019 s. 160(3).\n\n(2) 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\n(b) to a person who is employed by, or who is engaged to provide services for, the relevant West Gate Tunnel Corporation.\n\nS. 59(3) amended by No. 49/2019 s. 160(3).\n\n(3) 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\n(b) to a person who is employed by, or who is engaged to provide services for, the relevant West Gate Tunnel Corporation.\n\nS. 59(4) amended by No. 49/2019 s. 160(4).\n\n(4) Despite section 90N of the **Road Safety Act 1986**, the Secretary or a relevant person may disclose information under subsection (1) even if the Secretary or the relevant person has not entered into an information protection agreement with the enforcement agency or the person.\n\n(5) Sections 90N and 90Q(2) and (3) of the **Road Safety Act 1986** apply to a disclosure of information under subsection (2) or (3) as if it were a disclosure of information authorised under Part 7B of that Act.\n\n(6) In this section—\n\nS. 59(6) def. of *driver licence information* amended by Nos 49/2019 s. 160(4), 18/2020 s. 161.\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***relevant person*** has the same meaning as it has in section 90I of the **Road Safety Act 1986**.\n\nS. 59A inserted by No. 18/2020 s. 162.\n\n","sortOrder":63},{"sectionNumber":"59A","sectionType":"section","heading":"Secretary must disclose certain interstate information","content":"\t59A 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(b) to a person who is employed by, or who is engaged to provide services for, the relevant West Gate Tunnel Corporation.\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(b) to a person who is employed by, or who is engaged to provide services for, the relevant West Gate Tunnel Corporation.\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","sortOrder":64},{"sectionNumber":"60","sectionType":"section","heading":"Relevant West Gate Tunnel Corporation to keep proper records","content":"\t60 Relevant West Gate Tunnel Corporation to keep proper records\n\n(1) The relevant West Gate Tunnel Corporation must keep records that correctly record or enable the following to be determined or calculated—\n\n(a) whether or not the relevant West Gate Tunnel Corporation has registered a vehicle and, if it has so registered a vehicle—\n\n(i) the period of that registration; and\n\n(ii) the toll zone or toll zones in respect of which the vehicle is registered; and\n\n(iii) in the case of a temporary registration, the conditions of use notified to the person who sought the temporary 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 to a person who sought registration of a vehicle;\n\n(c) any cancellation or suspension by the relevant West Gate Tunnel 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 ongoing registration agreement existed or exists between the relevant West Gate Tunnel Corporation and a person and, if so, the period for which that ongoing registration agreement had or has force and the terms of that ongoing registration agreement;\n\n(e) any toll, fee or charge that has been paid, or that is due, to the relevant West Gate Tunnel Corporation under this Part and any amount that stands to the credit of a person in respect of any vehicle registered;\n\n(f) whether or not a vehicle is exempted from the requirement to be registered and any conditions of that exemption.\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\n(3) A relevant agency must not prevent a person authorised by the Minister from carrying out an inspection under subsection (2).\n\n","sortOrder":65},{"sectionNumber":"61","sectionType":"section","heading":"Destruction of records","content":"\t61 Destruction of records\n\n(1) Subject to subsection (2), the relevant West Gate Tunnel 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 prescribed period.\n\n(2) Subsection (1) does not apply to records that—\n\n(a) do not identify any person or vehicle or trailer; or\n\n(b) are required for legal proceedings, being proceedings which commenced before the date on which the records would otherwise be required to be destroyed.\n\n","sortOrder":66},{"sectionNumber":"Div 8","sectionType":"division","heading":"Link roaming agreements","content":"Division 8—Link roaming agreements\n\n","sortOrder":67},{"sectionNumber":"62","sectionType":"section","heading":"Definitions","content":"\t62 Definitions\n\nIn this Division—\n\n***Link roaming agreement*** means an agreement between the relevant West Gate Tunnel Corporation and the relevant corporation relating to the use in a Link toll zone of a class or classes of vehicles that are registered with the relevant West Gate Tunnel 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 a Link toll zone of a class or classes of vehicles that are registered with the relevant West Gate Tunnel Corporation;\n\n***Link toll zone*** means a toll zone within the meaning of the **Melbourne City Link Act 1995**;\n\n***net incremental marginal cost***, in relation to a Link roaming service, means—\n\n(a) the additional cost to the relevant West Gate Tunnel Corporation of providing the Link roaming service (net of any savings) calculated in accordance with a determination referred to in section 64(1); or\n\n(b) the amount that is determined to be the net incremental marginal cost to the relevant West Gate Tunnel Corporation of providing the Link roaming service as referred to in section 64(2); or\n\n(c) if neither paragraph (a) nor (b) applies, the additional cost to the relevant West Gate Tunnel Corporation of providing the Link roaming service (net of any savings);\n\n***relevant corporation*** has the same meaning as it has in section 3 of the **Melbourne City Link Act 1995**.\n\n","sortOrder":68},{"sectionNumber":"63","sectionType":"section","heading":"Roaming fees","content":"\t63 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 West Gate Tunnel Corporation on the relevant 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 West Gate Tunnel Corporation of providing that 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\n","sortOrder":69},{"sectionNumber":"64","sectionType":"section","heading":"Determination of net incremental marginal cost","content":"\t64 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 West Gate Tunnel Corporation of providing a Link roaming service.\n\n(2) The Secretary, on the joint application of the relevant West Gate Tunnel Corporation and the relevant corporation, may, by notice published in the Government Gazette, determine an amount to be the net incremental marginal cost to the relevant West Gate Tunnel Corporation of providing a 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 West Gate Tunnel Corporation and the relevant 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 West Gate Tunnel Corporation and the relevant 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 3 Div. 8A (Heading and ss 64A–64D) inserted by No. 18/2020 s. 163.\n\n","sortOrder":70},{"sectionNumber":"Div 8A","sectionType":"division","heading":"North East Link roaming agreement","content":"Division 8A—North East Link roaming agreement\n\nS. 64A inserted by No. 18/2020 s. 163.\n\n","sortOrder":71},{"sectionNumber":"64A","sectionType":"section","heading":"Definitions","content":"\t64A Definitions\n\nIn this Division—\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 West Gate Tunnel Corporation of providing the North East Link roaming service (net of any savings) calculated in accordance with a determination referred to in section 64D(1); or\n\n(b) the amount that is determined to be the net incremental marginal cost to the relevant West Gate Tunnel Corporation of providing the North East Link roaming service as referred to in section 64D(2); or\n\n(c) if neither paragraph (a) nor paragraph (b) applies, the additional cost to the relevant West Gate Tunnel 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 West Gate Tunnel 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 West Gate Tunnel Corporation, including an agreement arising under section 64B(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 West Gate Tunnel 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. 64B inserted by No. 18/2020 s. 163.\n\n","sortOrder":72},{"sectionNumber":"64B","sectionType":"section","heading":"Making North East Link roaming agreement","content":"\t64B Making North East Link roaming agreement\n\n(1) This section applies if the relevant West Gate Tunnel Corporation, either directly or by arrangement with another person, registers or offers to register vehicles under this Act, other than temporary registration under section 35.\n\n(2) The relevant North East Link Tolling Corporation may give notice to the relevant West Gate Tunnel 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. 64C inserted by No. 18/2020 s. 163.\n\n","sortOrder":73},{"sectionNumber":"64C","sectionType":"section","heading":"Roaming fees","content":"\t64C Roaming fees\n\n(1) The fee or charge that may be imposed by the relevant West Gate Tunnel 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 West Gate Tunnel 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. 64D inserted by No. 18/2020 s. 163.\n\n","sortOrder":74},{"sectionNumber":"64D","sectionType":"section","heading":"Determination of net incremental marginal cost","content":"\t64D 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 West Gate Tunnel Corporation of providing a North East Link roaming service.\n\n(2) The Secretary, on the joint application of the relevant West Gate Tunnel 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 West Gate Tunnel 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 West Gate Tunnel 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 West Gate Tunnel 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\n","sortOrder":75},{"sectionNumber":"Div 9","sectionType":"division","heading":"Effect of certain provisions of the Major Transport Projects Facilitation Act 2009","content":"Division 9—Effect of certain provisions of the Major Transport Projects Facilitation Act 2009\n\n","sortOrder":76},{"sectionNumber":"65","sectionType":"section","heading":"Designation of project contractor","content":"\t65 Designation of project contractor\n\nA project contractor may be designated under section 7 of the **Major Transport Projects Facilitation Act 2009** in relation to the West Gate Tunnel Project even though it was the State rather than the project authority that entered into the West Gate Tunnel Agreement with the project contractor.\n\n","sortOrder":77},{"sectionNumber":"66","sectionType":"section","heading":"Declaration or revocation of declaration as a road","content":"\t66 Declaration or revocation of declaration as a road\n\n(1) The revocation under section 194 of the **Major Transport Projects Facilitation Act 2009** of a declaration under section 193 of that Act in respect of part of the land in the West Gate Tunnel tollway 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(2) On the revocation of a declaration under section 193 of the **Major Transport Projects Facilitation Act 2009** in respect of a part of the West Gate Tunnel tollway, any reference to the West Gate Tunnel tollway in a notice of a toll zone specified under this Part to the extent that 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(3) If the declaration of the West Gate Tunnel tollway as a road is revoked and remade under sections 193 and 194 of the **Major Transport Projects Facilitation Act 2009**, any notices in relation to toll zones existing before the revocation are to continue in effect.\n\nPart 4—Administration, legal proceedings and enforcement\n\nDivision 1—Use of statutory powers and functions for the West Gate Tunnel Project\n\n\t67 Governor in Council may require bodies to act\n\n(1) The Governor in Council, by Order published in the Government Gazette, may require a Department Head, a public authority or a Council—\n\n(a) to carry out functions in relation to the West Gate Tunnel Project area or anything done or to be done in that area; and\n\n(b) to carry out those functions within a period specified in the Order.\n\n(2) If a function relates to the giving of statutory approval, a requirement under subsection (1) cannot fix a shorter time or time limit to that prescribed by or under an Act.\n\n(3) The Department Head, public authority or Council must comply with a requirement under subsection (1).\n\n(4) A requirement under subsection (1) applies despite anything to the contrary in any other Act or law other than the Charter of Human Rights and Responsibilities.\n\n","sortOrder":78},{"sectionNumber":"68","sectionType":"section","heading":"Powers of certain bodies extended","content":"\t68 Powers of certain bodies extended\n\nA Minister, a Department Head, a public authority or a Council is taken to have any powers that are necessary to enable the Minister, the Department Head, the public authority or the Council—\n\n(a) to comply with any direction under or requirement of this Act or the regulations; or\n\n(b) to do any other thing that is necessary or convenient to be done for the purposes of the West Gate Tunnel Project.\n\nDivision 2—Emergency management\n\n","sortOrder":79},{"sectionNumber":"69","sectionType":"section","heading":"Emergency management","content":"\t69 Emergency management\n\n(1) The West Gate Tunnel Corporation is taken to be a government agency for the purposes of Part 5 of the **Emergency Management Act 1986**.\n\n(2) Subsection (1) does not prevent the West Gate Tunnel Corporation from receiving compensation under section 24 of the **Emergency Management Act 1986** for the taking and use of the West Gate Tunnel Corporation's property under that section.\n\nDivision 3—No liability for obstruction of rivers\n\n","sortOrder":80},{"sectionNumber":"70","sectionType":"section","heading":"No liability for obstruction of rivers","content":"\t70 No liability for obstruction of rivers\n\nNo action lies against the West Gate Tunnel Corporation, or a licensee or lessee under the **Major Transport Projects Facilitation Act 2009** for the West Gate Tunnel Project, for or in respect of any obstruction to the navigation of any river occasioned or alleged to be occasioned by—\n\n(a) the West Gate Tunnel tollway or its associated structures or facilities; or\n\n(b) any construction work carried out in connection with the West Gate Tunnel Project.\n\nDivision 4—Service of documents\n\n","sortOrder":81},{"sectionNumber":"71","sectionType":"section","heading":"Service of documents","content":"\t71 Service of documents\n\n(1) If a notice or other document is required or permitted to be served on any person under this Act or the regulations, the notice or other document 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 16 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 an enforcement agency or the relevant West Gate Tunnel Corporation that is not the person's place of residence or business, by sending it by post addressed to the person at that address.\n\n(2) This section does not apply to the service of infringement notices for offences against section 32(1) or section 60(1) or (3) or the service of notices in relation to the cancellation or suspension of registration under section 37.\n\nDivision 5—Proceedings for offences\n\n","sortOrder":82},{"sectionNumber":"72","sectionType":"section","heading":"Proceedings for offences under Part 3","content":"\t72 Proceedings for offences under Part 3\n\n(1) A proceeding for an offence under Part 3 may only be commenced by—\n\n(a) a police officer; or\n\n(b) an enforcement agency; or\n\n(c) a person authorised by the Minister.\n\n(2) The Minister may authorise a person to commence a proceeding for an offence against Part 3.\n\n","sortOrder":83},{"sectionNumber":"73","sectionType":"section","heading":"Extension of period for commencing prosecution for summary offences","content":"\t73 Extension of period for commencing prosecution for summary offences\n\nDespite section 7 of the **Criminal Procedure Act 2009**, proceedings for an offence against section 32(1) may be commenced not more than 15 months after the commission of the alleged offence.\n\n","sortOrder":84},{"sectionNumber":"Part 5","sectionType":"part","heading":"The Better Freight Outcomes Fund","content":"Part 5—The Better Freight Outcomes Fund\n\n","sortOrder":85},{"sectionNumber":"74","sectionType":"section","heading":"Better Freight Outcomes Fund","content":"\t74 Better Freight Outcomes Fund\n\nThere must be established in the Public Account as part of the Trust Fund an account to be known as the Better Freight Outcomes Fund.\n\n","sortOrder":86},{"sectionNumber":"75","sectionType":"section","heading":"Payments into the Fund","content":"\t75 Payments into the Fund\n\nThere must be paid into the Better Freight Outcomes Fund—\n\n(a) all money directed or authorised to be paid into the Fund by or under this or any other Act; and\n\n(b) all infringement penalties and penalty reminder notice fees that have been paid in relation to an infringement notice issued in respect of an offence against section 65BA(1) of the **Road Safety Act 1986**.\n\n","sortOrder":87},{"sectionNumber":"76","sectionType":"section","heading":"Payments out of the Fund","content":"\t76 Payments out of the Fund\n\nThere must be paid out of the Better Freight Outcomes Fund—\n\n(a) amounts authorised by the Minister in consultation with the Treasurer to fund the cost of all or any of—\n\n(i) transport programs for any local community the Minister considers may be affected by increased use of roads by heavy vehicles as a result of the West Gate Tunnel project; and\n\n(ii) transport projects for any local community the Minister considers may be affected by increased use of roads by heavy vehicles as a result of the West Gate Tunnel project; and\n\n(b) all money directed or authorised to be paid out of the Fund by or under this or any other Act; and\n\n(c) amounts authorised by the Minister to fund the cost of administering the Better Freight Outcomes Fund.\n\n","sortOrder":88},{"sectionNumber":"Part 6","sectionType":"part","heading":"Regulations","content":"Part 6—Regulations\n\n","sortOrder":89},{"sectionNumber":"77","sectionType":"section","heading":"Regulations","content":"\t77 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) prescribing requirements with respect to placing notices on or in the vicinity of the West Gate Tunnel tollway outside a toll zone and prescribing the information to be provided by those notices;\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 or a trailer in a toll zone;\n\n(c) prescribing the manner in which the tolling devices are to be installed, set up, tested, operated, used, maintained or repaired;\n\n(d) prescribing the manner in which information from the 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\n(e) exempting from the payment of tolls and toll administration fees vehicles or classes of vehicle that under the West Gate Tunnel Agreement may be exempted from the payment of tolls and toll administration fees;\n\n(f) the registration of vehicles and the exemption by the relevant West Gate Tunnel Corporation of vehicles from the requirement to be registered;\n\n(g) prescribing methods of recording the payment of tolls;\n\n(h) prescribing the period in which records in relation to the non-payment of a toll are to be destroyed;\n\n(i) prescribing fees;\n\n(j) prescribing a period of time for the purposes of section 32(6);\n\n(k) prescribing an amount for the purposes of section 40(1);\n\n(l) prescribing criteria for the purposes of section 40(2);\n\n(m) generally any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or limited application; and\n\n(b) may differ according to differences in time, place or circumstances; and\n\n(c) may confer a discretionary authority or impose a duty on a specified person or class of person; and\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\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\nS. 77(4)–(7) repealed by No. 8/2019 s. 78.\n\n","sortOrder":90},{"sectionNumber":"78","sectionType":"section","heading":"Repeal of transitional regulation making powers","content":"\t78 Repeal of transitional regulation making powers\n\nSection 77(4), (5), (6) and (7) are **repealed** on the first anniversary of the commencement of section 77.\n\nPt 7 (Headings and ss 79–154) amended by No. 49/2019 ss 161–172, repealed by No. 8/2019 s. 154.\n\n═════════════\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: 21 February 2019*\n\n*Legislative Council: 7 March 2019*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide for the operation of the West Gate Tunnel, to consequentially amend the **Accident Towing Services Act 2007**, the **Children, Youth and Families Act 2005**, the **Criminal Procedure Act 2009**, the **EastLink Project Act 2004**, the **Fines Reform Act 2014**, the **Heavy Vehicle National Law Application Act 2013**, the **Infringements Act 2006**, the **Magistrates' Court Act 1989**, the **Major Transport Projects Facilitation Act 2009**, the **Melbourne City Link Act 1995**, the **Road Management Act 2004**, the **Road Safety Act 1986**, and the **Transport Integration Act 2010** and for other purposes.\"\n\nThe **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** was assented to on 26 March 2019 and came into operation as follows:\n\nParts 1, 2 (sections 1‑18) on 27 March 2019: section 2(1); Parts 3‑7 (sections 19‑154) on 19 February 2020: 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 **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019**\n\n| Assent Date: | 26.3.19 |\n| Commencement Date: | Ss 78, 154 on 19.2.20: s. 2(3) |\n| Note: | S. 78 repealed s. 77(4)–(7) on 19.2.21; s. 154 repealed Pt 7 (ss 79–154) on 19.2.21 |\n| Current State: | This information relates only to the provision/s amending the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** |\n\n**Transport Legislation Amendment Act 2019, No. 49/2019**\n\n| Assent Date: | 3.12.19 |\n| Commencement Date: | Ss 156−172 on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 item 112) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** |\n\n**North East Link Act 2020, No. 18/2020[[1]](#endnote-1)**\n\n| Assent Date: | 10.6.20 |\n| Commencement Date: | Ss 157–164 on 1.3.21: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** |\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. 109 on 6.9.22: Special Gazette (No. 456) 6.9.22 p. 1; ss 108, 110, 111 on 8.3.24: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** |\n\n**Roads and Road Safety Legislation Amendment Act 2024, No. 46/2024**\n\n| Assent Date: | 19.11.24 |\n| Commencement Date: | S. 50 on 13.8.25: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** |\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 51) on 6.8.25: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Table of Amendments (**North East Link Act 2020**): The amendment proposed by section 164 of the **North East Link Act 2020**, No. 18/2020 is not included in this publication due to the earlier repeal of section 77(4)–(7) by section 78 of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**, No. 8/2019.\n\n  Section 164 reads as follows:\n\n   **164 Regulations**\n\n  In section 77(7) of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**, for \"Responsibilities or in any subordinate instrument)\" **substitute** \"Responsibilities) or in any subordinate instrument\". [↑](#endnote-ref-1)","sortOrder":91}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to remain focused on its original stated purpose: managing truck traffic and enforcing bans in connection with the West Gate Tunnel Project. There is no evidence in the provided excerpt of scope creep or deviation from the original intent of protecting inner-west Melbourne communities from heavy vehicle traffic."},"complexity_factors":["Limited legislative text was provided, making full assessment difficult","The Act is narrowly focused on a single infrastructure project and geographic area, limiting conceptual complexity","Truck bans and traffic management powers are relatively straightforward regulatory mechanisms","Interaction with broader road management legislation and the West Gate Tunnel Project contracts may add some hidden complexity not visible in the excerpt provided","Enforcement and penalty provisions (not visible here) could add procedural complexity"],"plain_english_summary":"The Act supports the West Gate Tunnel Project by legally restricting heavy trucks on specified inner‑west streets and giving authorities powers to manage and redirect freight onto more appropriate routes, including the new tunnel.  \n\nIt affects truck operators, enforcement agencies, and local residents by reducing heavy vehicle noise, pollution and safety risks on neighbourhood streets, ensuring the tunnel delivers real traffic relief for inner‑west communities."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":708},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original scope. While initially focused on the West Gate Tunnel Agreement and basic tolling, amendments have added: (1) Division 8A creating a separate North East Link roaming agreement regime (2020); (2) section 59A mandating interstate driver licence information disclosure (2020); (3) extensive modifications to fines enforcement procedures including interaction with Fines Victoria and Children's Court processes (2022); and (4) ongoing technical amendments to record-keeping and evidentiary provisions. The tolling enforcement framework now rivals standalone infringement legislation in complexity."},"complexity_factors":["47 defined terms in the interpretation section (section 3), many cross-referencing other Acts","Nested conditional logic for determining 'operator' liability across 5 separate categories in section 3","Multiple overlapping enforcement regimes: infringement notices, court proceedings, Fines Reform Act, Children Youth and Families Act","Complex statement-based liability transfer system (illegal user/known user/sold vehicle statements with acceptance/cancellation mechanics)","Roaming fee calculations requiring 'net incremental marginal cost' determinations with Gazette notices","Extensive evidentiary certificate provisions creating presumptions of fact","Interlocking amendments with 10+ other Acts including Road Safety Act, Infringements Act, Fines Reform Act","Division 8A inserted by amendment creating parallel North East Link roaming regime with similar but distinct mechanics"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up the legal framework for the **West Gate Tunnel** — a major toll road in Melbourne — covering how it's built, operated, and paid for.\n\n**Key things it covers:**\n\n- **The West Gate Tunnel Agreement** — the contract between the Victorian Government and the private company building/operating the tunnel. The Act lets this agreement be amended, modified, and tabled in Parliament, with the government able to step in if needed.\n\n- **Tolling** — how tolls are charged, collected, and enforced. This includes:\n  - Setting toll prices and toll zones\n  - Registering vehicles for automatic tolling\n  - Chasing unpaid tolls through fines and court action\n  - Letting drivers dispute tolls or transfer liability to someone else (like if they sold the car or it was stolen)\n  - Special rules for trailers and interstate vehicles\n\n- **Better Freight Outcomes Fund** — a special fund where money from truck ban fines goes, used to help local communities affected by increased heavy vehicle traffic.\n\n- **Roaming agreements** — letting vehicles registered with the West Gate Tunnel use other toll roads (like CityLink and North East Link) without needing separate registration.\n\n- **Powers for government bodies** — letting the Governor in Council direct agencies to help with the project, and protecting the tunnel operator from certain legal claims (like blocking river navigation).\n\n**Who it affects:**\n- Drivers using the West Gate Tunnel\n- The private company operating the toll road\n- Other toll road operators (for roaming deals)\n- Local communities near the tunnel (through the freight fund)\n- Government agencies involved in transport and enforcement"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This version has broadened the Act’s practical scope beyond a stand‑alone tolling and truck‑ban instrument for the West Gate Tunnel. Key scope expansions include:\n\n- Tolling interoperability with other tolled networks (Link roaming and North East Link roaming in Divs 8 and 8A: ss 62–64, 64A–64D), creating formal cost‑based roaming to other toll operators.\n- Expanded data disclosure and interstate data access powers to assist toll recovery (ss 59 and 59A), enabling cross‑jurisdiction enforcement that was not in the original narrow project description.\n- Creation of the Better Freight Outcomes Fund and a directed use of infringement proceeds to fund local freight programs (Part 5: ss 74–76), adding a fiscal allocation role to the Act.\n- Additional administrative and enforcement detail, including extension of infringement procedures, evidentiary presumptions, and record‑keeping/destroy rules (Divs 4–7), which enlarge the Act from project facilitation to an operational regulatory regime.\n\nThese additions were introduced by later amendments (notably North East Link Act 2020, Justice Legislation Amendment 2022 and subsequent road safety amendments) and materially extend the Act’s reach into interoperability, data sharing, enforcement and funding mechanisms (see amendments recorded in the Table of Amendments)."},"complexity_factors":["Extensive interpretation section (s 3) with approximately 70–90 defined terms and many cross‑definitions (e.g. operator, responsible person, effective statement).","Multiple cross‑references to at least 10 other Acts (Road Safety Act 1986; Infringements Act 2006; Fines Reform Act 2014; Major Transport Projects Facilitation Act 2009; Melbourne City Link Act 1995; North East Link Act 2020; Transport Integration Act 2010; Children, Youth and Families Act 2005; Emergency Management Act 1986; Road Management Act 2004).","Numerous administratively delegated decision points and actors (Minister, Secretary, Governor in Council, relevant West Gate Tunnel Corporation, West Gate Tunnel operator, enforcement agencies and officers) with overlapping powers (ss 7–11, 21–22, 41–43, 67–68).","Complex enforcement and proof regime combining criminal/infringement procedures, civil debt recovery, and statutory evidentiary certificates with presumption of correctness (Divs 4–6; ss 32, 40–58).","Nested conditional defences and exceptions (e.g. known user/sold vehicle/illegal user statements, tollway billing arrangements, temporary and ongoing registrations) that interact across sections (ss 24–27, 32–36).","Roaming and cost determination mechanism (Divs 8 and 8A) introduces technical cost calculation rules and Secretary determinations, adding economic complexity to administration (ss 63–64, 64C–64D).","Recordkeeping and privacy requirements with precise retention and destruction timelines plus interstate disclosure obligations (ss 59–61, 59A).","Evidentiary certificates and admissibility rules spread across multiple sections (ss 55–58), producing many procedural traps for litigants and administrators.","Amendment history and later insertions (e.g. North East Link Division 8A, additions to data sharing and fines reform links) that create layered provisions and transitional rules (Table of Amendments)."],"plain_english_summary":"**What this Act does (mechanically)**\n\n- Authorises the State and the declared West Gate Tunnel bodies to run and toll the West Gate Tunnel tollway, including fixing toll zones, toll amounts and toll-administration fees by notice in the Government Gazette (ss 21–23, 22).\n- Creates an enforcement and recovery regime for unpaid tolls: it makes driving a vehicle in a toll zone without the required registration an offence, permits issuance of infringement notices, allows courts to order administrative amounts, and sets out debt‑recovery and evidentiary processes (ss 32, 41–53, 55–58).\n- Establishes information‑sharing, record‑keeping and destruction rules so road and licensing data (including interstate data) can be supplied to the relevant West Gate Tunnel Corporation and its agents for toll recovery (ss 59, 59A, 60, 61).\n- Allows the West Gate Tunnel Corporation to delegate most operational tolling powers to a private operator and to enter or amend the West Gate Tunnel Agreement, with processes for tabling, modification, revocation and for the Act to prevail over inconsistent agreement terms (ss 8–11, 12–18, 10).\n- Provides for roaming (interoperability) agreements with other toll operators (Link roaming and North East Link roaming) and caps roaming fees to the net incremental marginal cost of providing roaming services (Divisions 8 and 8A: ss 62–64, 64A–64D).\n- Establishes the Better Freight Outcomes Fund to receive proceeds of certain truck‑ban infringement penalties and to fund local freight‑related projects and administration (Part 5: ss 74–76).\n- Confers administrative powers and discretions to the Minister, the Secretary to the Department and the Governor in Council to direct public bodies, publish determinations in the Gazette, appoint the relevant corporations/operators, and require action in relation to the project area (ss 7, 8, 9, 12, 14, 67–68).\n\n**Who is affected**\n\n- Drivers and operators who use the West Gate Tunnel tollway: they must pay tolls and may need to register vehicles with the relevant West Gate Tunnel Corporation (ss 24, 32–36).\n- Trailer operators where the towing vehicle cannot be identified by tolling devices: they may be treated as the driver/operator for liability (s 24(2)).\n- The declared West Gate Tunnel Corporation and any declared West Gate Tunnel operator (private operator): empowered to fix and collect tolls, keep records, and enter roaming agreements (ss 8–10, 21–22, 60).\n- Enforcement agencies (police or prescribed persons) and enforcement officers: authorised to serve infringement notices and commence proceedings (ss 41, 43–46, 72).\n- The Department (Secretary) and other public authorities: roles in data disclosure, making cost determinations for roaming services, and supervising contractual performance (ss 7, 59, 64, 64D).\n- Local communities potentially affected by freight changes: eligible for funding from the Better Freight Outcomes Fund (ss 75–76).\n\n**Why it matters (stated purpose and practical effects)**\n\n- The Act states its primary purposes are to give legal effect to the West Gate Tunnel Agreement, enable tolling of the tunnel, establish a fund for freight impacts, and make consequential amendments to related road and safety laws (s 1). Those legal powers are implemented by: (a) creating a standalone tolling and enforcement regime for this highway; (b) allowing contractual and regulatory interaction with other tolled networks (roaming); and (c) enabling government bodies to share and use driver and vehicle data for toll recovery (ss 12–18; Divs 3–9 of Part 3; ss 59–59A; Divs 8 and 8A).\n\n- Who pays and who decides: drivers/operators pay tolls, administration fees and any infringement penalties; courts can order prescribed administrative amounts (ss 24, 40, 54). The Minister, the Secretary, the Governor in Council, the West Gate Tunnel Corporation and enforcement agencies make key decisions about toll zones, enforcement, data disclosure, and operational delegation (ss 7–9, 21–23, 41, 59).\n\n**Costs, incentives and trade‑offs (implementation and behavioural effects)**\n\n- Compliance and administrative cost: vehicle operators may need to register with the West Gate Tunnel Corporation (ongoing or temporary registration), keep records, respond to payment requests and disputes, and may face infringement processes if registration is not in place (ss 33–36, 41–53). The relevant West Gate Tunnel Corporation must also keep detailed records and destroy certain records within 2 years (ss 60–61), creating administrative costs.\n\n- Enforcement and evidentiary design: the Act creates statutory evidentiary certificates and presumes accuracy of properly produced tolling data and certificates (ss 55–58). That shifts the practical burden in enforcement and civil recovery toward registered operators and named responsible persons, while still allowing specified statements (known user, sold vehicle, illegal user) to rebut liability when accepted by authorised persons (ss 26–27). The Act therefore substitutes administrative proof and registration processes for some traditional proof burdens.\n\n- Concentrated benefits vs diffuse costs: Toll revenue, roaming fees and infringement proceeds primarily fund the toll operator and the Better Freight Outcomes Fund (ss 21–22, 63, 64C, 74–76). Communities affected by increased heavy vehicle use are the directed recipients of Fund spending (s 76), while costs of tolls and compliance fall on road users using the tunnel—a concentrated revenue stream for operator/State, diffuse compliance costs across users.\n\n- Interoperability and competition effects: the roaming fee cap limits fees for billing interoperability to the net incremental marginal cost of providing the service (ss 63–64, 64C–64D). That constrains cross‑network charging but may preserve competition in toll provision while requiring administrative cost determinations by the Secretary.\n\n- Privacy, data handling and cross‑jurisdiction risk: the Act permits disclosure of licensing and interstate registration information to the relevant West Gate Tunnel Corporation and its agents for toll recovery (ss 59, 59A). That reduces information frictions for recovery but increases data‑handling responsibilities and potential privacy risk for the Department and contractors.\n\n- Delegation and implementation risk: broad delegations and directions are available (s 10 delegates many powers; ss 7 and 67–68 enable Ministerial/Secretary directions and orders). Operational control may therefore shift from the State to private operators and delegated entities, raising implementation and accountability considerations.\n\n**Key procedural safeguards and defences**\n\n- Operators can avoid liability by providing accepted written statements (known user, sold vehicle, illegal user) within 28 days of a payment request (s 26).\n- Defences to an unregistered‑vehicle offence include a reasonable belief the vehicle was registered, or payment of an invoice, or being covered by a non‑suspended tollway billing arrangement (s 32).\n- Courts have discretion not to order prescribed administrative amounts where acute hardship or special circumstances apply (s 40).\n\n**Sections to note for practitioners**\n\n- Purpose and scope: s 1 and s 4.\n- Toll fixing and commencement: ss 21–24.\n- Offences, registration and defences: ss 24, 26, 32–39.\n- Enforcement, infringement procedure and evidentiary certificates: Div 5 and Div 6 (ss 40–58).\n- Data sharing and recordkeeping: ss 59–61 and 59A (interstate).\n- Roaming (Link and North East Link): Divs 8 and 8A (ss 62–64, 64A–64D).\n- Better Freight Outcomes Fund: Part 5 (ss 74–76).\n\nThis summary describes what the Act does and how it operates mechanically; it does not take a position on the policy aims asserted in the Act."}},"importantCases":[],"_links":{"self":"/api/acts/west-gate-tunnel-truck-bans-and-traffic-management-act-2019","history":"/api/acts/west-gate-tunnel-truck-bans-and-traffic-management-act-2019/history","analysis":"/api/acts/west-gate-tunnel-truck-bans-and-traffic-management-act-2019/analysis","conflicts":"/api/acts/west-gate-tunnel-truck-bans-and-traffic-management-act-2019/conflicts","importantCases":"/api/acts/west-gate-tunnel-truck-bans-and-traffic-management-act-2019/important-cases","documents":"/api/acts/west-gate-tunnel-truck-bans-and-traffic-management-act-2019/documents"}}