93Destruction of records

93 Destruction of records S. 93(1) amended by No. 102/1998 s. 24(i). (1) A relevant corporation must cause any records it holds in relation to the non-payment of a toll to be destroyed within 2 years after the creation of the records or within any shorter or longer period prescribed by the regulations. (2) Subsection (1) does not apply to records which do not identify any person or vehicle. S. 93(3) inserted by No. 81/2000 s. 25. (3) Subsection (1) does not apply to records which are required for legal proceedings, being proceedings which commenced before the date on which, under subsection (1), the records would be required to be destroyed. Pt 4 Div. 5 (Heading and ss 93AA–93AC) inserted by No. 14/2007 s. 18. Division 5—Link roaming agreements S. 93AA inserted by No. 14/2007 s. 18. 93AA Definitions ***commencement day*** means the date of commencement of section 18 of the **Road Legislation Amendment Act 2007**; ***EastLink Agreement*** means the Agreement within the meaning of the **EastLink Project Act 2004**; ***EastLink toll zone*** means a toll zone within the meaning of the **EastLink Project Act 2004**; ***Freeway Corporation*** has the same meaning as it has in the **EastLink Project Act 2004**; ***Link roaming agreement*** means an agreement between the relevant corporation and the Freeway Corporation relating to the use in EastLink toll zones of a class or classes of vehicles that are registered with the relevant corporation; ***Link roaming service*** means a service relating to the billing and payment of amounts for tolls and charges relating to the use in EastLink toll zones of a class or classes of vehicles that are registered with the relevant corporation; ***net incremental marginal cost*** in relation to a Link roaming service, means— (a) the additional cost to the relevant corporation of providing the Link roaming service (net of any savings) calculated in accordance with a determination under section 93AC(1); or (b) the amount that is determined under section 93AC(2) to be the net incremental marginal cost to the relevant corporation of providing the Link roaming service; or (c) if neither paragraph (a) nor paragraph (b) applies, the additional cost to the relevant corporation of providing the Link roaming service (net of any savings); S. 93AA def. of *Secretary* amended by No. 70/2013 s. 4(Sch. 2 item 31.3), repealed by No. 25/2025 s. 106(Sch. 1 item 27.2). S. 93AB inserted by No. 14/2007 s. 18. 93AB Roaming fees (1) For the duration of the concession period (within the meaning of the Agreement) or the concession period (within the meaning of the EastLink Agreement) whichever expires first, the fee or charge that may be imposed by the relevant corporation on the Freeway Corporation under a Link roaming agreement for the provision of a Link roaming service must not exceed the amount that represents the net incremental marginal cost to the relevant corporation of providing that Link roaming service. (2) Any agreement or arrangement existing on or after the commencement day that is inconsistent with subsection (1) is void to the extent of the inconsistency. S. 93AC inserted by No. 14/2007 s. 18. 93AC Determination of net incremental marginal cost (1) The Secretary may, by notice published in the Government Gazette, determine the method and criteria to be used for calculating the additional cost to the relevant corporation of providing a Link roaming service. (2) The Secretary, on the joint application of the relevant corporation and the Freeway Corporation, may, by notice published in the Government Gazette, determine an amount to be the net incremental marginal cost to the relevant corporation of providing a Link roaming service. (3) A determination of an amount under subsection (2) may provide for the amount to be a variable amount to be determined in accordance with an agreement existing at the date of the determination between the relevant corporation and the Freeway Corporation. (4) The Secretary must not make a determination under subsection (2) unless the Secretary is satisfied that the amount to be determined has been agreed to by the relevant corporation and the Freeway Corporation. (5) On the publication in the Government Gazette of a determination under this section, any existing determination under this section is revoked. Pt 4 Div. 6 (Heading and ss 93AD–93AF) inserted by No. 8/2019 s. 126. Division 6—West Gate Tunnel roaming agreements S. 93AD inserted by No. 8/2019 s. 126. 93AD Definitions ***net incremental marginal cost***, in relation to a West Gate Tunnel roaming service, means— (a) the additional cost to the relevant corporation of providing the West Gate Tunnel roaming service (net of any savings) calculated in accordance with a determination referred to in section 93AF(1); or (b) the amount that is determined to be the net incremental marginal cost to the relevant corporation of providing the West Gate Tunnel roaming service as referred to in section 93AF(2); or (c) if neither paragraph (a) nor paragraph (b) applies, the additional cost to the relevant corporation of providing the West Gate Tunnel roaming service (net of any savings); S. 93AD def. of *Secretary* repealed by No. 25/2025 s. 106(Sch. 1 item 27.3). ***West Gate Tunnel Agreement*** has the same meaning as in the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**; ***West Gate Tunnel Corporation*** has the same meaning as in the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**; ***West Gate Tunnel roaming agreement*** means an agreement between the relevant corporation and the West Gate Tunnel Corporation relating to the use in a West Gate Tunnel toll zone of a class or classes of vehicles that are registered with the relevant corporation; ***West Gate Tunnel roaming service*** means a service relating to the billing and payment of amounts for tolls and charges relating to the use in a West Gate Tunnel toll zone of a class or classes of vehicles that are registered with the relevant corporation; ***West Gate Tunnel toll zone*** means a toll zone within the meaning of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**. S. 93AE inserted by No. 8/2019 s. 126. 93AE Roaming fees (1) For the duration of the Concession Period (within the meaning of the West Gate Tunnel Agreement), the fee or charge that may be imposed by the relevant corporation on the West Gate Tunnel Corporation under a West Gate Tunnel roaming agreement for the provision of a West Gate Tunnel roaming service must not exceed the amount that represents the net incremental marginal cost to the relevant corporation of providing that West Gate Tunnel roaming service. (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. S. 93AF inserted by No. 8/2019 s. 126. 93AF Determination of net incremental marginal cost (1) The Secretary may, by notice published in the Government Gazette, determine the method and criteria to be used for calculating the additional cost to the relevant corporation of providing a West Gate Tunnel roaming service. (2) The Secretary, on the joint application of the relevant corporation and the West Gate Tunnel Corporation, may, by notice published in the Government Gazette, determine an amount to be the net incremental marginal cost to the relevant corporation of providing a West Gate Tunnel roaming service. (3) A determination of an amount to be the net incremental marginal cost may provide for the amount to be a variable amount to be determined in accordance with an agreement existing at the date of the determination between the relevant corporation and the West Gate Tunnel Corporation. (4) The Secretary must not make a determination of an amount to be the net incremental marginal cost unless the Secretary is satisfied that the amount to be determined has been agreed to by the relevant corporation and the West Gate Tunnel Corporation. (5) On the publication in the Government Gazette of any determination under this section, any existing determination under this section is revoked. Pt 4 Div. 7 (Heading and ss 93AG–93AJ) inserted by No. 18/2020 s. 140. Division 7—North East Link roaming agreement S. 93AG inserted by No. 18/2020 s. 140. 93AG Definitions ***net incremental marginal cost***, in relation to a North East Link roaming service, means— (a) the additional cost to the relevant corporation of providing the North East Link roaming service (net of any savings) calculated in accordance with a determination referred to in section 93AJ(1); or (b) the amount that is determined to be the net incremental marginal cost to the relevant corporation of providing the North East Link roaming service as referred to in section 93AJ(2); or (c) if neither paragraph (a) nor paragraph (b) applies, the additional cost to the relevant corporation of providing the North East Link roaming service (net of any savings); ***North East Link roaming agreement*** means an agreement between the relevant corporation and the relevant North East Link Tolling Corporation relating to the use in a North East Link toll zone of a class or classes of vehicles that are registered with the relevant corporation, including an agreement arising under section 93AH(5); ***North East Link roaming service*** means a service relating to the billing and payment of amounts for tolls and charges relating to the use in a North East Link toll zone of a class or classes of vehicles that are registered with the relevant corporation; ***North East Link toll zone*** means a toll zone within the meaning of the **North East Link Act 2020**; ***relevant North East Link Tolling Corporation*** has the same meaning as in the **North East Link Act 2020**. S. 93AH inserted by No. 18/2020 s. 140. 93AH Making North East Link roaming agreement (1) This section applies if the relevant corporation, either directly or by arrangement with another person, registers or offers to register vehicles under this Act, other than temporary registration under section 73C. (2) The relevant North East Link Tolling Corporation may give notice to the relevant corporation of its intention to commence negotiations for the purpose of entering into a North East Link roaming agreement. (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. (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. (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. (6) The Minister may issue guidelines in relation to— (a) the form and content of a North East Link roaming agreement; and (b) the process for determining the matter referred to in subsection (4). S. 93AI inserted by No. 18/2020 s. 140. 93AI Roaming fees (1) The fee or charge that may be imposed by the relevant corporation on the relevant North East Link Tolling Corporation under a North East Link roaming agreement for the provision of a North East Link roaming service must not exceed the amount that represents the net incremental marginal cost to the relevant corporation of providing that North East Link roaming service. (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. S. 93AJ inserted by No. 18/2020 s. 140. 93AJ Determination of net incremental marginal cost (1) The Secretary may, by notice published in the Government Gazette, determine the method and criteria to be used for calculating the additional cost to the relevant corporation of providing a North East Link roaming service. (2) The Secretary, on the joint application of the relevant corporation and the relevant North East Link Tolling Corporation, may, by notice published in the Government Gazette, determine an amount to be the net incremental marginal cost to the relevant corporation of providing a North East Link roaming service. (3) A determination of an amount to be the net incremental marginal cost may provide for the amount to be a variable amount to be determined in accordance with an agreement existing at the date of the determination between the relevant corporation and the relevant North East Link Tolling Corporation. (4) The Secretary must not make a determination of an amount to be the net incremental marginal cost unless the Secretary is satisfied that the amount to be determined has been agreed to by the relevant corporation and the relevant North East Link Tolling Corporation. (5) On the publication in the Government Gazette of any determination under this section, any existing determination under this section is revoked. Pt 4A (Headings and ss 93A–93J) inserted by No. 39/1997 s. 6.