North East Link Act 2020

Part 1—Preliminary

1 Purposes

The main purposes of this Actare—

(a) to establish the North East Link State Tolling Corporation in relation to the North East Link road; and

(b) to provide for the imposition, collection and enforcement of tolls in relation to the use of the North East Link tollway; and

(c) to provide for the tabling and amendment of North East Link tolling agreements; and

(d) to amend the Road Management Act 2004 to modify the operation of that Act in relation to the North East Link road; and

(e) to make related and consequential amendments to the Road Management Act 2004 and other Acts.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 March 2021, it comes into operation on that day.

3 Definitions

In this Act—

amending agreement means an agreement made under section 53(1);

authorised person means a person authorised under section 57;

Board means the board of directors of the North East Link State Tolling Corporation;

business day means a day that is not—

(a) a Saturday or a Sunday; or

(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;

Chief Commissioner of Police means the Chief Commissioner within the meaning of the Victoria Police Act 2013;

Children's Court registrar means a registrar within the meaning of Schedule 3 to the Children, Youth and Families Act 2005;

corporate plan means an annual plan that includes—

(a) challenges, priorities and strategies; and

(b) performance measures; and

(c) major initiatives and projects;

corresponding body has the same meaning as in section 84BB of the Road Safety Act 1986;

corresponding law has the same meaning as in section 84BB of the Road Safety Act 1986;

Council has the same meaning as in the Local Government Act 1989;

Department Head has the same meaning as in the Public Administration Act 2004;

S. 3 def. of Director, Fines Victoria inserted by No. 17/2022 s. 104(a).

Director, Fines Victoria has the same meaning as Director has in section 3 of the Fines Reform Act 2014;

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 63 as an effective statement and that has not ceased to be an effective statement for the purposes of section 64;

enforcement agency means—

(a) the Chief Commissioner of Police; or

(b) a prescribed person;

enforcement officer means—

(a) in the case of an infringement notice for an offence against section 99(1)
or (3), a person authorised by the Minister under section 111(2); and

(b) in any other case, a person authorised by an enforcement agency under section 81;

extension of time means an extension of time granted under section 90;

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

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;

infringement notice has the same meaning as in the Infringements Act 2006;

infringement penalty has the same meaning as in the Infringements Act 2006;

known user statement, in relation to the use of a vehicle or trailer, means a statement in writing made by a person—

(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

(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;

S. 3 def. of Magistrates' Court registrar repealed by No. 17/2022 s. 104(b).

minimum debt recovery requirements means the requirements specified by the Minister under section 68(1);

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—

(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

(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

(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;

North East Link operation and maintenance agreement means an agreement entered into by the North East Link State Tolling Corporation relating to, among other things, the operation and maintenance of all or part of the North East Link road;

North East Link operator means a person who is designated as the North East Link operator under a North East Link operation and maintenance agreement;

North East Link Project means the North East Link Project declared under section 10 of the Major Transport Projects Facilitation Act 2009;

North East Link Project area means the area of land designated as the project area under section 95 of the Major Transport Projects Facilitation Act 2009 and published in the Government Gazette as varied from time to time under section 96 of that Act;

North East Link road means the road designated as the North East Link road under section 5(1);

North East Link State Tolling Corporation means the body established by section 8;

North East Link tolling agreement means an agreement between the State and the relevant North East Link Tolling Corporation that provides for the fixing and collection of tolls for the use of the North East Link road or a part of the North East Link road and toll administration fees;

North East Link tollway means those parts of the North East Link road that are in a toll zone;

ongoing registration agreement means an agreement made in accordance with section 72;

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—

(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;

(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;

(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;

(d) if the vehicle or trailer displays a number plate—

(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

(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;

(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;

penalty reminder notice fee has the same meaning as in the Infringements Act 2006;

public authority means any body (including any trust) established by or under an Act for a public purpose, other than a Council;

public entity has the same meaning as in the Public Administration Act 2004;

registered operator has the same meaning as in section 3(1) of the Road Safety Act 1986;

registration means registration under Part 4;

relevant agency means—

(a) the relevant North East Link Tolling Corporation; or

(b) an enforcement agency;

relevant North East Link Tolling Corporation—see section 56;

responsible person, in relation to a vehicle or trailer, means—

(a) the operator of the vehicle or the trailer; or

(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;

S. 3 def. of Secretary amended by No. 25/2025 s. 106(Sch. 1 item 30.1).

Secretary means the Secretary to the Department of Transport and Planning;

sold vehicle statement, in relation to the use of a vehicle or trailer, means a statement in writing made by a person—

(a) to the effect that—

(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

(ii) the person was not at that time driving, or had not at that time possession or control of, the vehicle or trailer; and

(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;

special circumstances has the same meaning as in the Infringements Act 2006;

temporary registration means the registration of a vehicle in accordance with section 73;

toll means a toll fixed under Division 2 of Part 4;

toll administration fee means a fee fixed under Division 2 of Part 4;

toll zone means a zone specified under section 59(1)(a);

tolling device means any system, equipment or thing prescribed as a device for the purposes of Part 4;

tolling nomination statement means a tolling nomination statement made by an authorised tolling person under Part 6AA of the Road Safety Act 1986;

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;

tollway operator means a person who—

(a) operates a tollway, other than the North East Link 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

(b) is empowered or entitled, under that law or agreement, to levy or impose a toll or charge for the use of the tollway;

trailer has the same meaning as in the Road Safety Act 1986;

trip means the driving of a vehicle on the North East Link 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;

vehicle has the same meaning as motor vehicle has in the Road Safety Act 1986.

4 Objects of Act

The objects of this Act are—

(a) to authorise and facilitate the operation and management of the North East Link road; and

(b) to authorise and facilitate the tolling of the use of vehicles on the North East Link tollway by the relevant North East Link Tolling Corporation.

5 Designation of North East Link road

(1) The Minister may from time to time designate any road or part of any road that is within the North East Link Project area as the North East Link road.

(2) The Minister must cause a notice of a designation under subsection (1) to be published in the Government Gazette.

(3) In this section—

road means a road within the meaning of the Road Management Act 2004 or any other road.

6 Interaction with Transport Integration Act 2010

(1) This Act is transport legislation within the meaning of the Transport Integration Act 2010.

(2) The North East Link State Tolling Corporation is a transport body within the meaning of the Transport Integration Act 2010.

7 Act binds the Crown

This 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.

Part 2—North East Link State Tolling Corporation

Division 1—Establishment of North East Link State Tolling Corporation

8 North East Link State Tolling Corporation

(1) The North East Link State Tolling Corporation is established.

(2) The North East Link State Tolling Corporation—

(a) is a body corporate with perpetual succession; and

(b) has an official seal; and

(c) may sue and be sued; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

(3) To avoid doubt, the following are personal property of the North East Link State Tolling Corporation—

(a) all amounts collected or received by the North East Link State Tolling Corporation, including tolls, toll administration fees and any other fees or charges; and

(b) all rights of the North East Link State Tolling Corporation to collect or receive those amounts.

9 Trading name

The North East Link State Tolling Corporation may carry on business under a name other than the North East Link State Tolling Corporation.

10 North East Link State Tolling Corporation does not represent the Crown

In performing its functions and exercising its powers, the North East Link State Tolling Corporation is a public entity but does not represent the Crown.

11 Official seal

(1) The official seal of the North East Link State Tolling Corporation—

(a) must be kept in custody as directed by the North East Link State Tolling Corporation; and

(b) must not be used except as authorised by the North East Link State Tolling Corporation.

(2) All courts must take judicial notice of the seal of the North East Link State Tolling Corporation affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

12 Objects of North East Link State Tolling Corporation

The objects of the North East Link State Tolling Corporation are, consistently with the vision statement and transport system objectives set out in the Transport Integration Act 2010—

(a) to be responsible for managing and controlling the use of and access to, and operating and maintaining, the North East Link road; and

(b) to fix and collect tolls for the use of the North East Link tollway in accordance with Part 4 and a North East Link tolling agreement; and

(c) to optimise the value of, or return from, its infrastructure and other assets.

Division 2—Functions and powers

13 Functions of North East Link State Tolling Corporation

(1) The North East Link State Tolling Corporation has the functions, powers and duties conferred on it by or under this Act or any other Act.

(2) Without limiting subsection (1), the North East Link State Tolling Corporation has the following functions—

(a) to operate, maintain and otherwise manage the North East Link road;

(b) to procure, deliver and operate the North East Link tolling system;

(c) to fix and collect tolls for use of the North East Link tollway in accordance with Part 4 and a North East Link tolling agreement;

(d) to be the lessee of a lease under section 177 of the Major Transport Projects Facilitation Act 2009, and the licensee under a licence under section 173 of that Act, in relation to the North East Link Project;

(e) to be the primary funding entity for the delivery of the North East Link tollway and the operation and maintenance of the North East Link road;

(f) to engage in activities in relation to the delivery of the North East Link Project;

(g) to engage in other activities connected with the North East Link road, and charge fees for those activities.

(3) The North East Link State Tolling Corporation must have regard to commercial principles in performing its functions.

(4) The North East Link State Tolling Corporation, with the approval or at the direction of the Minister, may cease to perform any or all of its functions.

14 General powers of North East Link State Tolling Corporation

(1) The North East Link State Tolling Corporation has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of its objects and the performance of its functions.

(2) Without limiting subsection (1), the North East Link State Tolling Corporation may do the following—

(a) enter into any agreement or contract;

(b) enter into any lease or licence;

(c) participate in the formation of a corporation, trust, partnership or other body;

(d) subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation;

(e) become a member of a company limited by guarantee;

(f) subscribe for or otherwise acquire, and hold and dispose of, units in a trust;

(g) acquire, and hold and dispose of, an interest in a partnership or other body;

(h) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person or body carrying on or engaged in, or about to carry on or engage in, any business or transaction whether within or outside Victoria relating to, or connected with, any function of the North East Link State Tolling Corporation;

(i) make any person employed by the North East Link State Tolling Corporation available for engagement by any other person;

(j) engage in any business, undertaking or activity incidental to the performance of its functions;

(k) engage consultants, contractors or agents;

(l) act as trustee;

(m) act as an agent of another person.

15 Specific powers of North East Link State Tolling Corporation

Without limiting section 14, the North East Link State Tolling Corporation has power to do the following—

(a) make capital contributions and payments under a North East Link operation and maintenance agreement;

(b) make any land or other property vested in, leased to, licensed to or managed by the North East Link State Tolling Corporation available for use or access by any other person, including by way of sub-lease or sub-licence.

16 Extra-territoriality

The North East Link State Tolling Corporation may perform its functions and exercise its powers within or outside Victoria and outside Australia.

17 Power of delegation

(1) The North East Link State Tolling Corporation may, by instrument, delegate to any person any power, duty or function of the North East Link State Tolling Corporation conferred or imposed by or under any Act, other than the power to fix tolls and toll administration fees under section 58.

(2) Without limiting subsection (1), the North East Link State Tolling Corporation may delegate any of its powers, duties or functions—

(a) under the Road Management Act 2004 or regulations under that Act; and

(b) under the Road Safety Act 1986 or regulations or rules under that Act; and

(c) under the Accident Towing Services Act 2007 or the regulations under that Act; and

(d) under the regulations made under section 56 of the Transport (Compliance and Miscellaneous) Act 1983.

(3) If the North East Link State Tolling Corporation delegates any power, duty or function under this section, the North East Link State Tolling Corporation must publish a notice of that delegation in the Government Gazette.

(4) A person to whom a power, duty or function has been delegated under subsection (1) may, subject to and in accordance with the instrument of delegation under subsection (1), by instrument delegate to another person that power, duty or function.

(5) If a person to whom a power, duty or function has been delegated under subsection (1) delegates that power, duty or function under subsection (4), that person must publish a notice of the delegation under subsection (4) in the Government Gazette.

(6) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation under subsection (4) as if it were a delegation.

18 Consequences of delegating road management functions under the Road Management Act 2004

(1) Despite anything to the contrary in the Road Management Act 2004, the Interpretation of Legislation Act 1984, any other Act (other than the Charter of Human Rights and Responsibilities) or the common law, if the North East Link State Tolling Corporation delegates a road management function to a North East Link operator, while the delegation is in force—

(a) all statutory duties and common law duties relating to the road management function as delegated are the duties of the North East Link operator, and not the North East Link State Tolling Corporation; and

(b) the North East Link operator has the benefit of any right, privilege or immunity that the North East Link State Tolling Corporation has under the Road Management Act 2004 in relation to the road management function.

(2) No action lies against the North East Link State Tolling Corporation in respect of the performance or non-performance of any road management function that is delegated to a North East Link operator.

(3) In this section—

road management function has the same meaning as in the Road Management Act 2004.

19 Borrowing and investment by North East Link State Tolling Corporation

The North East Link State Tolling Corporation has the powers conferred on it by the Borrowing and Investment Powers Act 1987.

20 Excluded powers

(1) The powers of the North East Link State Tolling Corporation do not include a power to exempt a director of the Corporation, whether directly or indirectly, from any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or a wilful breach of trust of which the director may be guilty in relation to the Corporation.

(2) The powers of the North East Link State Tolling Corporation do not include a power to indemnify a director of the Corporation, whether by paying a premium in respect of a contract of insurance or otherwise, against any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or a wilful breach of trust of which the director may be guilty in relation to the Corporation.

Division 3—Governance of North East Link State Tolling Corporation

21 Board of directors

(1) The North East Link State Tolling Corporation must have a board of directors.

(2) The Board must consist of no fewer than 3, and no more than 9, directors appointed in accordance with this Division.

(3) The Board—

(a) is responsible for the management of the affairs of the North East Link State Tolling Corporation; and

(b) may exercise the powers of the North East Link State Tolling Corporation.

22 Constitution of Board

The Board consists of—

(a) a chairperson; and

(b) a deputy chairperson; and

(c) subject to section 21(2), any other director appointed by the Governor in Council in accordance with this Division.

23 Terms and conditions of appointment

(1) The chairperson, deputy chairperson and other directors of the North East Link State Tolling Corporation must be appointed by the Governor in Council on the recommendation of the Minister and the Treasurer.

(2) A director is appointed for the term not exceeding 3 years specified in the instrument of appointment.

(3) A director is appointed on the terms and conditions (including remuneration and allowances) that are specified in the instrument of appointment.

(4) A director is eligible to be re-appointed.

(5) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director of the North East Link State Tolling Corporation in respect of the office of director.

24 Acting appointments—chairperson

(1) The deputy chairperson of the Board must act as chairperson—

(a) if the office of chairperson is vacant; or

(b) during any period when the chairperson is absent; or

(c) if the chairperson is, for any other reason, unable to attend meetings of the Board or otherwise unable to perform the duties of the office.

(2) While the deputy chairperson is acting as chairperson, the deputy chairperson—

(a) has and may exercise all the powers, and must perform all the functions and duties, of the chairperson; and

(b) is entitled to be paid the remuneration and allowances to which the chairperson would have been entitled.

25 Acting appointments—deputy chairperson

(1) The Minister, after consultation with the Treasurer, may appoint a director of the North East Link State Tolling Corporation to act in the office of the deputy chairperson—

(a) if the office of deputy chairperson is vacant; or

(b) during any period when the deputy chairperson is absent; or

(c) during any period when the deputy chairperson is acting as chairperson; or

(d) if the deputy chairperson is, for any other reason, unable to attend meetings of the Board or otherwise unable to perform the duties of the office.

(2) While a director is acting as deputy chairperson, the director—

(a) has and may exercise all the powers, and must perform all the functions and duties, of the deputy chairperson; and

(b) is entitled to be paid the remuneration and allowances to which the deputy chairperson would have been entitled.

26 Acting appointments—director

(1) The Minister, after consultation with the Treasurer, may appoint a person (other than the chairperson or deputy chairperson) to act in the office of director of the North East Link State Tolling Corporation—

(a) if the office of a director is vacant; or

(b) during any period when a director is absent; or

(c) during any period when a director is acting as deputy chairperson; or

(d) if a director is, for any other reason, unable to attend meetings of the Board or otherwise unable to perform the duties of the office.

(2) While a person is acting as a director, the person—

(a) has and may exercise all the powers, and must perform all the functions and duties, of a director; and

(b) is entitled to be paid the remuneration and allowances to which a director would have been entitled.

27 Chief executive officer

(1) The Board, with the approval of the Minister and the Treasurer, may appoint a person as the chief executive officer of the North East Link State Tolling Corporation and may at any time remove or suspend the person from that office.

S. 27(2) amended by No. 25/2025 s. 103.

(2) The chief executive officer of the North East Link State Tolling Corporation holds office, subject to this Act, on a full-time or part-time basis and on such terms and conditions as are determined by the Minister after consultation with the Treasurer and specified in the instrument of appointment.

(3) The chief executive officer of the North East Link State Tolling Corporation may be a director of the North East Link State Tolling Corporation but must not be the chairperson.

(4) The chief executive officer may resign from the office in writing signed by the chief executive officer and delivered to the chairperson of the Board.

(5) If the chief executive officer is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the office of chief executive officer, the Board may appoint another person to act in the place of the chief executive officer during the period of the inability.

(6) While a person is acting as the chief executive officer, the person—

(a) has and may exercise all the powers, and must perform all the functions and duties, of the chief executive officer; and

(b) is entitled to be paid the remuneration and allowances fixed by the Board from time to time, having regard to the rate of remuneration and allowances for the time being payable to the chief executive officer of the North East Link State Tolling Corporation.

28 Other employees

The Board may employ any persons it considers are necessary for the performance of its functions.

29 Vacancies and removal from office

The office of a director of the North East Link State Tolling Corporation becomes vacant if the director—

(a) without the approval of the Board, fails to attend 3 consecutive meetings of the Board; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence.

30 Resignation

A director of the North East Link State Tolling Corporation may resign by notice in writing delivered to the Minister.

31 Suspension

(1) The Governor in Council may remove or suspend a director from office.

(2) A director of the North East Link State Tolling Corporation must be removed from office by the Governor in Council if the director is convicted of an offence relating to his or her duties as a director.

32 Validity of acts or decisions

An act or decision of the Board is not invalid only—

(a) because of a vacancy in the membership of the Board, including a vacancy arising from the failure to appoint a director; or

(b) because of a defect or irregularity in, or in connection with, the appointment of a director or the appointment of an acting director; or

(c) in the case of an acting director—on the grounds that the occasion for the person to act had not arisen or had ceased.

33 Proceedings of the Board

(1) Subject to subsection (2), meetings of the Board must be held at the times and places determined by the Board.

(2) The chairperson—

(a) may at any time convene a meeting of the Board; and

(b) must convene a meeting of the Board when requested by a director to do so.

(3) A majority of the directors of the Board for the time being constitutes a quorum of the Board.

(4) A question arising at a meeting of the Board is determined by a majority of votes.

(5) The person presiding at a meeting of the Board has—

(a) a deliberative vote; and

(b) in the case of an equality of votes, a second or casting vote.

(6) The Board must ensure that accurate minutes are kept of its meetings.

(7) The Board may permit directors to participate in a particular meeting, or all meetings, by telephone, closed-circuit television or other means of communication that does not require the physical presence of each director in the same place.

(8) Subject to this Act, the Board may regulate its own proceedings.

34 Resolutions without meetings

(1) If the directors for the time being of the North East Link State Tolling Corporation (other than a director who is absent from Australia when the other directors sign) sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the Board held—

(a) on the day on which the document is signed; or

(b) if the directors do not sign the document on the same day, on the day on which the last director to sign signs the document.

(2) If a resolution is taken under subsection (1) to have been passed at a meeting of the Board, each director must be—

(a) advised as soon as practicable; and

(b) given a copy of the terms of the resolution.

(3) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, are taken to constitute one document.

Division 4—General duties

35 Determination of initial capital

(1) The Treasurer must determine the amount of initial capital of the North East Link State Tolling Corporation.

(2) In making the determination, the Treasurer must have regard to any relevant advice that the Board has given to the Treasurer.

(3) The determination must be in writing.

(4) The value of the capital is—

(a) the value specified in the determination; or

(b) if the Treasurer and the Board agree that the value so specified does not correctly represent the value, the value agreed by the Treasurer and the Board.

(5) A copy of the determination must be given to the Minister.

36 Capital

The capital of the North East Link State Tolling Corporation is equal to the sum of the following, less any amount of capital repaid under section 37—

(a) the amount of the Corporation's initial capital in accordance with section 35(1);

(b) any part of the Corporation's liabilities that is converted into capital at the direction of the Treasurer;

(c) any amounts paid to the Corporation out of money appropriated by the Parliament for the purpose of providing capital;

(d) any part of the Corporation's reserves that is converted into capital at the direction of the Treasurer after consultation with the Board.

37 Repayment of capital

(1) The capital of the North East Link State Tolling Corporation is repayable to the State at the times, and in the amounts, as the Treasurer directs in writing after consultation with the Board.

(2) The Treasurer must have regard to any advice that the Board has given to the Treasurer in relation to the North East Link State Tolling Corporation's affairs before giving a direction under subsection (1).

38 Dividends

The North East Link State Tolling Corporation must pay to the State the amounts, at the times and in the manner, as are determined by the Treasurer after consultation with the Board and the Minister.

39 Reports to Treasurer or Minister

The Treasurer or the Minister may, in writing, require the Board to give the Treasurer or the Minister any information that the Treasurer or the Minister requires.

40 Directions

(1) The North East Link State Tolling Corporation must exercise its powers and discharge its duties subject to—

(a) the general direction and control of the Minister; and

(b) any specific directions given by the Minister with the approval of the Treasurer.

(2) Any specific directions given under subsection (1)(b) may be published in the Government Gazette.

41 Annual report

The North East Link State Tolling Corporation, in its annual report for a financial year under Part 7 of the Financial Management Act 1994, must include a copy of each direction given to it during that year under section 40(1)(b) together with a statement of its response to that direction.

42 Preparation of corporate plan

(1) The Board must—

(a) prepare a corporate plan; and

(b) give a copy of the proposed corporate plan to the Treasurer and the Minister on or before 31 May in each year.

(2) The North East Link State Tolling Corporation must ensure that the corporate plan—

(a) gives effect to the objects of the Corporation; and

(b) meets the requirements set out in this section.

(3) The proposed corporate plan must be in a form approved by the Treasurer and the Minister.

43 Consultation regarding corporate plan

(1) The Treasurer and the Minister must give any comments on the proposed corporate plan within 6 weeks after the proposed corporate plan was given to the Treasurer and the Minister.

(2) The Board must consider any comments on the proposed corporate plan made by the Treasurer or the Minister within 6 weeks after the comments were given by the Treasurer or the Minister.

(3) The Board must—

(a) consult in good faith with the Treasurer and the Minister following communication to the Board of the comments; and

(b) make such changes to the corporate plan as agreed between the Treasurer, the Minister and the Board; and

(c) deliver the completed corporate plan to the Treasurer and the Minister within 2 months after the commencement of the financial year.

44 Publication of corporate plan

The corporate plan, or any part of the corporate plan, must not be published or made available except for the purposes of this Part without the prior approval of the Board, the Treasurer and the Minister.

45 Modification of corporate plan

(1) The corporate plan may be modified at any time by the Board with the agreement of the Treasurer and the Minister.

(2) If the Board, by written notice to the Treasurer and the Minister, proposes a modification to the corporate plan, the Board may make the modification unless the Treasurer or the Minister, by written notice within 14 days, directs the Board not to make the modification.

46 Directions in relation to corporate plan

(1) The Treasurer, after consultation with the Minister, may, by written notice, direct the Board to include any specified matters in, or omit any specified matters from—

(a) a business plan; or

(b) a financial statement of a specified kind.

(2) Before giving a direction under this section, the Treasurer must consult with the Board as to the matters referred to in the notice.

(3) The Board must comply with a direction under this section.

(4) At any particular time, the business plan or the financial statements for the North East Link State Tolling Corporation are the statements and plan last completed, with any modifications or deletions made in accordance with this Division.

47 Corporate plan to be followed

The North East Link State Tolling Corporation must act only in accordance with its corporate plan, unless it has obtained the written approval of the Treasurer and the Minister to do otherwise.

48 Nothing void merely because of non-compliance

Nothing done by the North East Link State Tolling Corporation is void or unenforceable merely because the Corporation has failed to comply with section 42, 43, 44, 45, 46 or 47.

49 Board to give notice of significant events

(1) This section applies if the Board determines that matters have arisen—

(a) that may prevent, or significantly affect, the achievement of the business objectives of the North East Link State Tolling Corporation and its subsidiaries (if any) under the corporate plan; or

(b) that may prevent, or significantly affect, the achievement of the targets under the corporate plan.

(2) If this section applies, the Board must immediately notify the Treasurer and the Minister of its determination and the reasons for the determination.

Part 3—North East Link tolling agreements

50 Publication and commencement of North East Link tolling agreements

(1) The relevant North East Link Tolling Corporation must cause a notice of the making of a North East Link tolling agreement to be published in the Government Gazette.

(2) The notice must—

(a) state that the North East Link tolling agreement has been made; and

(b) specify an address of an Internet site at which the North East Link tolling agreement is published.

(3) The relevant North East Link Tolling Corporation must cause the North East Link tolling agreement that is the subject of a notice under subsection (1) to be published on the Internet site specified in the notice.

(4) Subject to subsection (5), a North East Link tolling agreement comes into operation on the day specified in the agreement.

(5) A North East Link tolling agreement must not come into operation until—

(a) the agreement has been laid before each House of the Parliament in accordance with section 51; and

(b) the period during which the agreement may be revoked by each House of the Parliament under section 52(1) has passed without the agreement having been revoked.

51 Tabling of North East Link tolling agreements

(1) The Minister must cause a copy of a North East Link tolling agreement to be laid before each House of the Parliament within 6 sitting days of that House after the making of the agreement.

(2) If a North East Link tolling agreement is not laid before a House of the Parliament within the period required by subsection (1), the agreement is taken to be revoked on the day immediately following the end of that period.

52 Revocation of North East Link tolling agreement

(1) A North East Link tolling agreement 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 agreement being laid before each House of the Parliament.

(2) The Minister must cause to be published in the Government Gazette a notice of the revocation of a North East Link tolling agreement.

53 Publication and commencement of amending agreements

(1) The parties to a North East Link tolling agreement may, from time to time and by agreement in writing, amend all or any of the provisions of the agreement that affect those persons.

(2) The relevant North East Link Tolling Corporation must cause to be published in the Government Gazette a notice of the making of an amending agreement under subsection (1).

(3) The notice must—

(a) state that the amending agreement has been made; and

(b) specify an address of an Internet site at which the amending agreement is published.

(4) The relevant North East Link Tolling Corporation must cause an amending agreement that is the subject of a notice under subsection (2) to be published on the Internet site specified in the notice.

(5) Subject to subsection (6), an amendment set out in an amending agreement comes into operation on the day specified in the amending agreement.

(6) An amendment set out in an amending agreement must not come into operation until—

(a) the amending agreement has been laid before each House of the Parliament in accordance with section 54; and

(b) the period during which the amending agreement may be revoked by each House of the Parliament under section 55(1) has passed without the amending agreement having been revoked.

54 Tabling of amending agreements

(1) 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.

(2) If an amending agreement is not laid before a House of the Parliament within the period required by subsection (1), the amending agreement is taken to be revoked on the day immediately following the end of that period.

55 Revocation of amending agreement

(1) An amending agreement 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.

(2) The Minister must cause to be published in the Government Gazette a notice of the revocation of the amending agreement.

Part 4—Tolling

Division 1—Preliminary

56 Relevant North East Link Tolling Corporation

(1) Subject to this section, the North East Link State Tolling Corporation is the relevant North East Link Tolling Corporation.

(2) The Governor in Council, with the consent of the North East Link State Tolling Corporation and by notice published in the Government Gazette, may declare that another person is the relevant North East Link Tolling Corporation instead of the North East Link State Tolling Corporation.

(3) A notice under subsection (2) takes effect on 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.

57 Authorised persons

The relevant North East Link Tolling Corporation may, in writing, authorise a person to carry out functions under this Part.

Division 2—Fixing of tolls and toll administration fees

58 Relevant North East Link Tolling Corporation may fix tolls

The relevant North East Link Tolling Corporation may fix 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 a North East Link tolling agreement.

59 How tolls and toll administration fees are fixed

(1) The relevant North East Link Tolling Corporation, in accordance with this Act and a North East Link tolling agreement and by notice published in the Government Gazette, may—

(a) specify toll zones on any part of the North East Link road; and

(b) fix tolls that are payable in respect of the use of vehicles in toll zones; and

(c) if the North East Link tolling agreement expressly provides for the fixing of toll administration fees that are payable to the relevant North East Link Tolling 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.

(2) A notice under subsection (1) may specify different tolls and toll administration fees in respect of different cases or classes of case 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.

(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.

(4) A day fixed under subsection (3) in relation to the North East Link tollway or a part of the North East Link tollway must be on or after the day fixed under section 60 for the commencement of tolling on the North East Link tollway or that part of the North East Link tollway.

(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 a North East Link tolling agreement.

Division 3—Liability for and collection of tolls

60 Commencement of tolling

(1) The relevant North East Link Tolling Corporation, by notice published in the Government Gazette, may fix a day for the commencement of tolling on the North East Link tollway or part of the North East Link tollway.

(2) A day fixed under subsection (1) must be determined in accordance with this Act and a North East Link tolling agreement.

61 Liability to pay toll and toll administration fees

(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 North East Link Tolling Corporation—

(a) the toll fixed under Division 2 for that use; and

(b) the relevant toll administration fee fixed under Division 2.

(2) The following persons are taken to be the driver of a vehicle used in a toll zone for the purposes of subsection (1)—

(a) the operator of the vehicle;

(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.

(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.

62 Toll administration fee not payable for certain vehicles

A toll administration fee under section 61 is not payable in respect of a vehicle that—

(a) is registered with the relevant North East Link Tolling Corporation; or

(b) under the regulations is exempt from the payment of tolls or the payment of toll administration fees or both.

63 Operator not liable if effective statement made

(1) The operator of a vehicle or a trailer is not liable to pay a toll or toll administration fee under section 61 if—

(a) the operator gives an authorised person a relevant statement; and

(b) the authorised person accepts the relevant statement as an effective statement in relation to the vehicle or the trailer for the purposes of this Part.

(2) A relevant statement 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.

(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.

(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—

(a) in the case of an individual—

(i) the individual's full name and current home address; and

(ii) either of the following—

(A) the individual's date of birth; or

(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;

(b) in the case of a person other than an individual—

(i) the person's full name and current address; and

(ii) if applicable, the person's Australian Business Number or Australian Company Number;

(c) the reasons for nominating an individual under paragraph (a) or a person under paragraph (b);

(d) any other prescribed information.

(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.

(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—

(a) against the person named in the statement; and

(b) in respect of the matter named in the statement.

(7) In this section—

relevant statement means—

(a) an illegal user statement; or

(b) a known user statement; or

(c) a sold vehicle statement.

64 Cancellation of authorised person's acceptance of statement as effective

(1) An authorised person may cancel the acceptance of a known user statement or a sold vehicle statement as an effective statement if—

(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

(b) the authorised person is satisfied, having regard to the matters stated in the nomination rejection statement, that the nomination was incorrect.

(2) If the acceptance of a statement as an effective statement is cancelled under subsection (1)—

(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

(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.

65 Offence to provide false or misleading information

(1) A person must not in a relevant statement or nomination rejection statement provide information that the person knows to be false or misleading.

Penalty: 60 penalty units.

(2) In this section—

relevant statement—see section 63(7).

66 Request for payment of tolls

(1) The relevant North East Link Tolling 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—

(a) the operator of the vehicle; and

(b) if 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

(c) the person nominated in a known user statement or a sold vehicle statement that is an effective statement.

(2) A request for payment must—

(a) be in writing; and

(b) identify separately each use for which a toll or a toll administration fee is payable.

67 Tolling device is not surveillance device

A tolling device used for the purpose of tolling the North East Link tollway is not a surveillance device within the meaning of the Surveillance Devices Act 1999.

68 Minimum debt recovery requirements

(1) The Minister may specify the requirements to be met by the relevant North East Link Tolling Corporation when taking action to recover a toll or a toll administration fee from a responsible person.

(2) The specified requirements must be published in the Government Gazette.

Division 4—Tolling offences and registration of vehicles

69 Offence to drive unregistered vehicle in toll zone

(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 North East Link Tolling Corporation at that time.

(2) Subsection (1) does not apply in respect of—

(a) a vehicle that is exempted, in accordance with the regulations, from the requirement to be registered under this Part; or

(b) a vehicle that under the regulations is exempt from the payment of tolls; or

(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.

(3) 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.

(4) 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—

(a) was registered under this Part in respect of the relevant toll zone by the relevant North East Link Tolling Corporation; or

(b) was covered by a tollway billing arrangement that was not suspended at the time the offence is alleged to have been committed.

(5) A certificate purporting to be given by a tollway operator certifying that, at the time an offence against subsection (1) is alleged to have been committed, a 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.

(6) In a proceeding for an offence against subsection (1), it is a defence to the charge for the driver to prove—

(a) that the driver received, or was issued, an invoice in respect of the trip that is the subject of the charge; and

(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.

(7) In subsection (6), invoice means a request for the payment of a toll in respect of a trip and any associated toll administration fee.

(8) On a person being found guilty of an offence against 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.

70 Multiple offences during prescribed period

(1) Despite anything to the contrary in this Act or any other Act (other than the Charter of Human Rights and Responsibilities)—

(a) only one criminal proceeding may be commenced in respect of an offence against section 69(1) constituted by the driving of any one vehicle in a toll zone during the course of a prescribed period; and

(b) only one infringement notice may be issued in respect of an offence against section 69(1) constituted by the driving of any one vehicle in a toll zone during the course of a prescribed period.

(2) Subsection (1) applies regardless 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.

(3) For the purposes of subsection (1), a criminal proceeding commenced against, or an infringement notice served on, a person in respect of an offence referred to in that subsection is to be disregarded if the charge or infringement notice is withdrawn.

(4) In this section—

prescribed period means—

(a) a period prescribed by the regulations for the purposes of this section; or

(b) if no period is prescribed under paragraph (a), a period of 7 days.

71 Registration of vehicles

(1) The relevant North East Link Tolling Corporation may register a vehicle in accordance with the regulations (if any)—

(a) for a specified period; or

(b) until the happening of a specified event; or

(c) for an unlimited period; or

(d) in respect of all toll zones or a specified toll zone or toll zones.

(2) A person may seek the registration under this Part of a vehicle or more than one vehicle by application made to the relevant North East Link Tolling Corporation in writing or orally or partly in writing and partly orally.

(3) The relevant North East Link Tolling Corporation may, in accordance with this Part, cancel or suspend the registration of a vehicle.

72 Ongoing registration agreements

(1) Without limiting its discretion otherwise to do so, the relevant North East Link Tolling 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 North East Link Tolling Corporation and the person seeking registration.

(2) Without limiting the matters for which an ongoing registration agreement may provide, it may—

(a) be expressed as having force for a specified period or until the happening of a specified event or for an unlimited period; and

(b) contain specified terms including conditions of use and procedures to be followed to settle disputes that arise under the agreement; and

(c) specify the circumstances in which, and procedures by which, the agreement, or the registration under this Part of a vehicle that is the subject of the agreement, may be cancelled or suspended.

(3) The agreement by the relevant North East Link Tolling Corporation to register a vehicle under this Part is sufficient consideration on the part of the relevant North East Link Tolling Corporation for an ongoing registration agreement.

73 Temporary registration

(1) The relevant North East Link Tolling 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.

(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.

(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.

(4) If a temporary registration is sought for a specified period (other than a period of 24 hours) and is sought—

(a) before the end of that specified period or within the period of 2 days immediately following the end of that specified period; or

(b) not later than 6 days after the beginning of that specified period—

(whichever is the earlier), the commencement of registration may be back-dated to a time not earlier than the beginning of that specified period.

(5) The agreement by the relevant North East Link Tolling Corporation to register a vehicle under this Part is sufficient consideration on the part of the relevant North East Link Tolling Corporation for a temporary registration entered into under this section.

74 Information to be given in relation to ongoing registration or temporary registration

(1) If the relevant North East Link Tolling Corporation agrees to register a vehicle under this Part, it must give the following information to the person who sought the registration—

(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;

(b) the whole or that part of the licence plate number of the vehicle that is stated to the relevant North East Link Tolling Corporation by that person;

(c) an identifying number, or combination of letters and numbers, for the registration;

(d) except in the case of a temporary registration, the conditions of use (if any);

(e) except in the case of a temporary registration, information about how the registration may be cancelled or suspended;

(f) in the case of a temporary registration—

(i) the period to which the temporary registration applies; or

(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;

(g) the toll zone or toll zones in respect of which the vehicle has been or will be registered.

(2) The required information must be given—

(a) in the case of the information referred to in subsection (1)(a), (b), (c), (f) or (g), orally or in writing; or

(b) in any other case, in writing.

(3) The relevant North East Link Tolling Corporation must give any required information that it has not given to the person seeking registration before registering a vehicle, to that person—

(a) as soon as practicable after registering the vehicle; and

(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.

75 Cancellation or suspension of registration

(1) If the relevant North East Link Tolling Corporation cancels or suspends the registration of a vehicle under this Part, it must do so—

(a) by any method stated for that purpose in an agreement relating to the vehicle; or

(b) by giving notice of the cancellation or suspension in one of the following ways—

(i) by personal service of written notice on the person who sought the registration;

(ii) by personal service of written notice at the last address given to the relevant North East Link Tolling Corporation by the person who sought the registration on a person who appears to be at least 16 years of age;

(iii) by written notice posted to the last address given to the relevant North East Link Tolling Corporation by the person who sought the registration;

(iv) by written notice posted to the address of the owner of the vehicle to which the registration applies;

(v) if the person who sought the registration is a corporation—

(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

(B) by written notice posted to the registered office of the corporation.

(2) A person is taken to have been given a notice of cancellation or suspension—

(a) under subsection (1)(b)(ii) on the next business day after the notice was served; or

(b) under subsection (1)(b)(iii), (iv) or (v)(B) on the third business day after the envelope containing the notice was posted; or

(c) under subsection (1)(b)(v)(A) on the day the notice was served.

76 Offence to tamper with tolling devices

A 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—

(a) causes incorrect information to be recorded or transmitted; or

(b) prevents or interferes with the recording or transmission of information.

77 Offence to fraudulently induce registration

(1) A person must not by fraudulent or collusive means, or by false representation, induce the relevant North East Link Tolling Corporation to register a vehicle under this Part.

(2) A person who seeks the right to drive a vehicle on the North East Link tollway must not make a false representation to the relevant North East Link Tolling Corporation in seeking to do so.

Division 5—Tolling enforcement

78 Payment of prescribed administrative amount

(1) Subject to subsection (2), if a charge against a person for an offence against section 69(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 North East Link Tolling Corporation an amount that is the prescribed administrative amount, if any.

(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—

(a) that the person is experiencing acute financial hardship; or

(b) that special circumstances apply to the person.

(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 North East Link Tolling Corporation and payment of any amount remaining unpaid under the order is to be enforceable in the court by which it was made.

79 Relevant North East Link Tolling Corporation or authorised person may notify enforcement agency of non-payment of toll

(1) If the relevant North East Link Tolling Corporation or an authorised person believes on reasonable grounds that a person has committed an offence against section 69(1), the relevant North East Link Tolling Corporation or the authorised person may do any or all of the following—

(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;

(b) if the toll and the toll administration fee have not been paid by the time specified in the request for payment, notify the enforcement agency of that belief and request the enforcement agency—

(i) to serve an infringement notice in accordance with this Part on—

(A) the operator of the vehicle involved in the offence; or

(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

(C) the person nominated by an authorised person in a tolling nomination statement; or

(ii) to commence proceedings in respect of that offence in accordance with this Act.

(2) Nothing in subsection (1) requires the relevant North East Link Tolling Corporation or an authorised person to notify an enforcement agency of an offence against section 69(1).

(3) If the relevant North East Link Tolling 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 North East Link Tolling Corporation may notify the enforcement agency to send a notice to the operator of the vehicle or trailer concerned of the requirement—

(a) to be registered in respect of that toll zone; or

(b) to be covered in respect of that toll zone by a tollway billing arrangement.

S. 79(4) inserted by No. 17/2022 s. 105.

(4) After a request is made to the enforcement agency under subsection (1)(b)(i), the relevant North East Link Tolling Corporation may withdraw that request if the relevant North East Link Tolling Corporation considers it appropriate to do so having regard to the circumstances of the person in respect of whom the request was made.

S. 79(5) inserted by No. 17/2022 s. 105.

(5) If the relevant North East Link Tolling Corporation withdraws a request under subsection (4), it must notify the enforcement agency of that withdrawal.

S. 79(6) inserted by No. 17/2022 s. 105.

(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 North East Link Tolling Corporation has withdrawn under subsection (4).

S. 79(7) inserted by No. 17/2022 s. 105.

(7) If an enforcement agency withdraws an infringement notice under subsection (6)—

(a) the enforcement agency—

(i) must notify the person who was served the infringement notice that the infringement notice has been withdrawn; and

(ii) must not take any further action with respect to the matter; and

(b) the relevant North East Link Tolling Corporation must not take any further action with respect to the matter.

80 Disputes in relation to payment of tolls

(1) If the relevant North East Link Tolling Corporation or an authorised person has notified the enforcement agency under section 79(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.

(2) If the relevant North East Link Tolling Corporation or an authorised person has notified the enforcement agency under section 79(3), the enforcement agency may send, by post, a notice to the operator of the vehicle or trailer concerned of the requirement—

(a) to be registered in respect of the toll zone; or

(b) to be covered in respect of the toll zone by a tollway billing arrangement.

(3) If a dispute resolution process set out in an ongoing registration agreement or established by the relevant North East Link Tolling 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 69(1) at that time.

81 Enforcement officers

(1) An enforcement agency may authorise a person to be an enforcement officer for the purposes of this Part.

(2) An authorisation must be in writing and specify the terms and conditions on which the person is appointed.

(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.

82 Identification of enforcement officers

(1) An enforcement agency must issue an identity card to each person it authorises as an enforcement officer.

(2) The identity card issued to a person must—

(a) contain a photograph of the person; and

(b) state the full name of the person; and

(c) state that the person is an enforcement officer for the purposes of this Part.

(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.

(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.

83 Power to serve an infringement notice

(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 69(1).

Note

An offence against section 69(1) is an infringement offence for the purposes of the Infringements Act 2006—see paragraph (a) of the definition of infringement offence in section 3(1) of that Act.

(2) 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—

(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

(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.

(3) An enforcement officer may cause to be served together with an infringement notice a notice containing information about the requirements arising under this Act in relation to the use of a vehicle in a toll zone.

84 Toll administration infringement notice

If an enforcement officer has reason to believe that a relevant agency (other than the enforcement agency) has committed an offence against section 99(1) or (3), the enforcement officer may cause an infringement notice to be served on that relevant agency.

Note

An offence against section 99(1) or (3) is an infringement offence for the purposes of the Infringements Act 2006—see paragraph (a) of the definition of infringement offence in section 3(1) of that Act.

85 Infringement penalty

(1) The infringement penalty for an offence against section 69(1) is 1 penalty unit.

(2) The infringement penalty for an offence against section 99(1) or (3) is 20 penalty units.

86 Additional effect of expiation

In 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—

(a) within the time stated in the notice; or

(b) if the enforcement officer allows, at any time before the service of a summons in respect of the offence—

any 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.

87 Effect of conviction for non-payment of penalty

If proceedings have been taken or continued for an alleged offence because the person has not paid the penalty specified in the infringement notice and a conviction is imposed by the court, the conviction must not be taken to be a conviction for any purpose except in relation to—

(a) the making of the conviction itself; and

(b) subsequent proceedings that may be taken in respect of the conviction itself, including proceedings by way of appeal.

88 Application of Infringements Act 2006, Fines Reform Act 2014 and Children, Youth and Families Act 2005 procedure

(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—

(a) a person for an offence against section 69(1); or

(b) a relevant agency (other than an enforcement agency) for an offence against section 99(1) or (3).

(2) The Children, Youth and Families Act 2005 applies as if—

(a) an infringement notice under this Part were an infringement notice within the meaning of Schedule 3 to that Act; and

(b) an offence against section 69(1) or section 99(1) or (3) were an offence that is the subject of an infringement notice within the meaning of that Schedule; and

(c) the infringement penalty for the offence were the infringement penalty for the purposes of that Schedule.

89 Operator onus offence

An offence against section 69(1) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.

90 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone

S. 90(1) amended by No. 17/2022 s. 106(1).

(1) If an infringement notice for an offence against section 69(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.

(2) An application under subsection (1) must—

(a) be made within 14 days of the applicant becoming aware of the notice; and

S. 90(2)(b) amended by No. 17/2022 s. 106(2).

(b) be filed with the Director, Fines Victoria or the Children's Court registrar, as the case may be; and

(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.

S. 90(3) repealed by No. 17/2022 s. 106(3).

S. 90(4) amended by No. 17/2022 s. 106(4).

(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.

91 Granting extension of time

(1) On an extension of time being granted under section 90—

(a) the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006, despite the doing of anything 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

(b) the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006, despite the doing of anything 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

(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

S. 91(1)(d) amended by No. 46/2024 s. 48.

(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

(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.

(2) For the purposes of subsection (1), a person who is granted an extension of time under section 90 takes a relevant action in relation to an infringement notice if the person—

(a) pays the whole of the penalty shown on the infringement notice; or

(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

(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

(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

S. 91(2)(e) amended by No. 17/2022 s. 107(1).

(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

(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.

S. 91(3) amended by No. 17/2022 s. 107(2).

(3) If the Director, Fines Victoria or a Children's Court registrar, as the case may be, grants an extension of time under section 90, 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.

(4) Despite anything to the contrary in section 90 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 90 and this section applies if a person has—

(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

(b) applied for a payment plan under section 46 of the Infringements Act 2006, until—

(i) the person is notified that their application for a payment plan has been refused; or

(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

(iii) in the case of a payment plan that has commenced—

(A) the payment plan is cancelled under section 49(2)(b) of the Infringements Act 2006; or

(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

(C) the person receives written notice under section 52(2) of the Infringements Act 2006 advising the person that the person is in default.

(5) Despite anything to the contrary in section 90 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 90 and this section applies if a person has—

(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

(b) applied for a payment arrangement under section 42 of the Fines Reform Act 2014, until—

(i) the person is notified that the person's application for a payment arrangement has been refused; or

(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

(iii) in the case of a payment arrangement that has commenced—

(A) the payment arrangement is cancelled under section 49(2) of the Fines Reform Act 2014; or

(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

(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.

92 The Consolidated Fund

(1) 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.

(2) 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.

Division 6—Evidentiary provisions

93 Proof that vehicle driven in a toll zone

Without 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 69(1) or for the recovery of a debt, evidence of that fact as indicated or determined by—

(a) a tolling device that was used in the prescribed manner; or

(b) an image or message produced by a prescribed process—

is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of that fact.

94 Evidentiary certificates

(1) A certificate in the prescribed form purporting to be issued by the Secretary, the Head, Transport for Victoria 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.

(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.

(3) A certificate containing the prescribed particulars purporting to be issued by the Secretary, the Head, Transport for Victoria or an authorised officer certifying that on a particular date—

(a) a particular registration number was assigned to a particular vehicle or trailer; or

(b) a particular person was entitled, or last entitled, to use or possess a number plate bearing a particular registration number—

is 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.

(4) A certificate or document that purports to have been issued under any corresponding law certifying that on a particular date—

(a) a particular registration number was assigned under the corresponding law to a particular vehicle or trailer; or

(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—

is 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.

(5) In this section—

authorised officer means a person who is authorised, or who is the holder of a position authorised, for the purposes of this section by the Secretary or the Head, Transport for Victoria.

95 Evidentiary certificates relating to tolls

A 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.

96 Evidentiary certificate issued by relevant North East Link Tolling Corporation

A certificate in the prescribed form purporting to be issued by the relevant North East Link Tolling Corporation, or a person authorised by the relevant North East Link Tolling 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—

(a) that a specified vehicle was, or was not, registered in respect of a specified toll zone at a specified time;

(b) that the relevant North East Link Tolling 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;

(c) that an agreement between a person and the relevant North East Link Tolling Corporation relating to the use of a specified vehicle in a toll zone—

(i) existed, or did not exist, at a specified time; or

(ii) contained, or did not contain, specified terms;

(d) that a specified vehicle was, or was not, covered by a tollway billing arrangement at a specified time;

(e) that a tolling device was used in the prescribed manner;

(f) that an image or message was produced by a prescribed process;

(g) as to any other matter that appears in, or that can be determined or calculated from, the records kept by the relevant North East Link Tolling Corporation.

Division 7—Disclosure and keeping of records

97 Secretary and others may disclose certain information

(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—

(a) to an enforcement agency; or

S. 97(1)(b) amended by No. 25/2025 s. 106(Sch. 1 item 30.2).

(b) to a person who is employed in the Department of Transport and Planning or who is engaged to provide services for the Secretary, a relevant person or an enforcement agency.

(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—

(b) to a person who is employed by, or who is engaged to provide services for, the relevant North East Link Tolling Corporation.

(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—

(b) to a person who is employed by, or who is engaged to provide services for, the relevant North East Link Tolling Corporation.

(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 relevant person has not entered into an information protection agreement with the enforcement agency or the person.

(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.

(6) In this section—

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—

(a) a person's name;

(b) a driver licence number;

(c) a date of birth;

(d) a telephone number;

(e) an email address;

(f) a residential address;

information protection agreement has the same meaning as it has in section 90I of the Road Safety Act 1986;

relevant person has the same meaning as it has in section 90I of the Road Safety Act 1986.

98 Secretary must disclose certain interstate information

(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—

(b) to a person who is employed by, or who is engaged to provide services for, the relevant North East Link Tolling Corporation.

(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—

(b) to a person who is employed by, or who is engaged to provide services for, the relevant North East Link Tolling Corporation.

(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.

(4) In this section—

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—

(a) a person's name;

(b) a driver licence number;

(c) a date of birth;

(d) a telephone number;

(e) an email address;

(f) a residential address.

99 Relevant North East Link Tolling Corporation to keep proper records

(1) The relevant North East Link Tolling Corporation must keep records that correctly record or enable the following to be determined or calculated—

(a) whether or not the relevant North East Link Tolling Corporation has registered a vehicle and, if it has so registered a vehicle—

(i) the period of that registration; and

(ii) the toll zone or toll zones in respect of which the vehicle is registered; and

(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;

(b) whether, and if so what, information has been given to a person who sought registration of a vehicle;

(c) any cancellation or suspension by the relevant North East Link Tolling Corporation of a registration and the date and time on which that cancellation or suspension came into operation;

(d) whether or not an ongoing registration agreement existed or exists between the relevant North East Link Tolling 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;

(e) any toll, fee or charge that has been paid, or that is due, to the relevant North East Link Tolling Corporation under this Part and any amount that stands to the credit of a person in respect of any vehicle registered;

(f) whether or not a vehicle is exempted from the requirement to be registered and any conditions of that exemption.

(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.

(3) A relevant agency must not prevent a person authorised by the Minister from carrying out an inspection under subsection (2).

100 Destruction of records

(1) Subject to subsection (2), the relevant North East Link Tolling 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.

(2) Subsection (1) does not apply to records that—

(a) do not identify any person or vehicle or trailer; or

(b) are required for legal proceedings, being proceedings which commenced before the date on which the records would otherwise be required to be destroyed.

Division 8—Tollway roaming agreements

101 Definitions

In this Division—

net incremental marginal cost, in relation to a tollway roaming service, means—

(a) the additional cost to the relevant North East Link Tolling Corporation of providing the tollway roaming service (net of any savings) calculated in accordance with a determination referred to in section 104(1); or

(b) the amount that is determined to be the net incremental marginal cost to the relevant North East Link Tolling Corporation of providing the tollway roaming service as referred to in section 104(2); or

(c) if neither paragraph (a) nor (b) applies, the additional cost to the relevant North East Link Tolling Corporation of providing the tollway roaming service (net of any savings);

relevant toll zone means a toll zone on a tollway operated by a Victorian tollway operator;

tollway roaming agreement means an agreement between the relevant North East Link Tolling Corporation and a Victorian tollway operator relating to the use in a relevant toll zone of a class or classes of vehicles that are registered with the relevant North East Link Tolling Corporation, including an agreement arising under section 102(5);

tollway roaming service means a service relating to the billing and payment of amounts for tolls and charges relating to the use in a relevant toll zone of a class or classes of vehicles that are registered with the relevant North East Link Tolling Corporation;

Victorian tollway operator means—

(a) the Freeway Corporation within the meaning of the EastLink Project Act 2004; or

(b) the relevant corporation within the meaning of paragraph (a) of the definition of relevant corporation in section 3 of the Melbourne City Link Act 1995; or

(c) the relevant West Gate Tunnel Corporation within the meaning of paragraph (a) of the definition of relevant West Gate Tunnel Corporation in section 3 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019.

102 Making tollway roaming agreement

(1) This section applies if the relevant North East Link Tolling Corporation, either directly or by arrangement with another person, registers or offers to register vehicles under this Act, other than temporary registration under section 73.

(2) A Victorian tollway operator may give notice to the relevant North East Link Tolling Corporation of its intention to commence negotiations for the purpose of entering into a tollway roaming agreement.

(3) If notice is given under subsection (2), the parties must use all reasonable endeavours to negotiate a tollway roaming agreement within 50 business days.

(4) If the parties fail to negotiate a tollway 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 tollway 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 tollway roaming agreement; and

(b) the process for determining the matter referred to in subsection (4).

103 Roaming fees

(1) The fee or charge that may be imposed by the relevant North East Link Tolling Corporation on a Victorian tollway operator under a tollway roaming agreement for the provision of a tollway roaming service must not exceed the amount that represents the net incremental marginal cost to the relevant North East Link Tolling Corporation of providing that tollway 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.

104 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 North East Link Tolling Corporation of providing a tollway roaming service.

(2) The Secretary, on the joint application of the relevant North East Link Tolling Corporation and a Victorian tollway operator, may, by notice published in the Government Gazette, determine an amount to be the net incremental marginal cost to the relevant North East Link Tolling Corporation of providing a tollway 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 North East Link Tolling Corporation and the Victorian tollway operator.

(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 North East Link Tolling Corporation and the Victorian tollway operator.

(5) On the publication in the Government Gazette of any determination under this section, any existing determination under this section is revoked.

Division 9—General

105 Declaration or revocation of declaration as a road

(1) The revocation of a declaration under section 193 of the Major Transport Projects Facilitation Act 2009 in respect of part of the land in the North East Link 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.

(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 North East Link tollway, any reference to the North East Link 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.

(3) If the declaration of the North East Link tollway as a road is revoked and remade, any notices in relation to toll zones existing before the revocation are to continue in effect.

Part 5—Administration, legal proceedings and enforcement

Division 1—Use of statutory powers and functions for North East Link Project

106 Governor in Council may require bodies to act

(1) The Governor in Council, by Order published in the Government Gazette, may require a Department Head, a public authority or a Council—

(a) to carry out functions in relation to the North East Link Project area or anything done or to be done in that area; and

(b) to carry out those functions within a period specified in the Order.

(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.

(3) The Department Head, public authority or Council must comply with a requirement under subsection (1).

(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.

107 Powers of certain bodies extended

A 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—

(a) to comply with any direction under or requirement of this Act or the regulations; or

(b) to do any other thing that is necessary or convenient to be done for the purposes of the North East Link Project.

Division 2—Emergency management

108 Emergency management

(1) A North East Link operator and a person declared under section 56(2) as the relevant North East Link Tolling Corporation are each taken to be a government agency for the purposes of Part 5 of the Emergency Management Act 1986.

(2) Subsection (1) does not prevent a North East Link operator or a person declared under section 56(2) as the relevant North East Link Tolling Corporation from receiving compensation under section 24 of the Emergency Management Act 1986 for the taking and use of the property of the North East Link operator or declared person under that section.

Division 3—No liability for various acts and omissions

109 No liability on State or public authorities for acts or omissions of others

None of the State, the North East Link State Tolling Corporation or any other public authority is liable for the acts or omissions of—

(a) another party to a North East Link operation and maintenance agreement; or

(b) a North East Link operator not covered by paragraph (a); or

(c) a licensee for the North East Link Project within the meaning of the Major Transport Projects Facilitation Act 2009 (other than the North East Link State Tolling Corporation); or

(d) a lessee in relation to the North East Link Project within the meaning of the Major Transport Projects Facilitation Act 2009 (other than the North East Link State Tolling Corporation); or

(e) any employee or contractor of a person referred to in paragraph (a), (b), (c) or (d).

Division 4—Service of documents

110 Service of documents

(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—

(a) by delivering it personally to the person; or

(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

(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

(d) if the person has given an address to an enforcement agency or the relevant North East Link Tolling Corporation that is not the person's place of residence or business, by sending it by post addressed to the person at that address.

(2) This section does not apply to the service of—

(a) infringement notices for offences against section 69(1) or section 99(1) or (3); or

(b) notices in relation to the cancellation or suspension of registration under section 75.

Division 5—Proceedings for offences

111 Proceedings for offences under Part 4

(1) A proceeding for an offence under Part 4 may only be commenced by—

(a) a police officer; or

(b) an enforcement agency; or

(c) a person authorised by the Minister.

(2) The Minister may authorise a person to commence a proceeding for an offence against Part 4.

112 Extension of period for commencing prosecution for summary offences

Despite section 7 of the Criminal Procedure Act 2009, proceedings for an offence against section 69(1) may be commenced not more than 15 months after the commission of the alleged offence.

Part 6—General

113 Regulations

(1) The Governor in Council may make regulations for or with respect to the following—

(a) prescribing requirements with respect to placing notices on or in the vicinity of the North East Link tollway outside a toll zone and prescribing the information to be provided by those notices;

(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;

(c) prescribing the manner in which tolling devices are to be installed, set up, tested, operated, used, maintained or repaired;

(d) prescribing the manner in which information from 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;

(e) exempting vehicles or classes of vehicle from the payment of tolls and toll administration fees;

(f) the registration of vehicles and the exemption by the relevant North East Link Tolling Corporation of vehicles from the requirement to be registered;

(g) prescribing methods of recording the payment of tolls;

(h) prescribing the period in which records in relation to the non-payment of a toll are to be destroyed;

(i) prescribing fees;

(j) prescribing a period of time for the purposes of section 70;

(k) prescribing an amount for the purposes of section 78(1);

(l) prescribing criteria for the purposes of section 78(2);

(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.

(2) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstances; and

(c) may confer a discretionary authority or impose a duty on a specified person or class of person; and

(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.

(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—

(a) specific fees;

(b) maximum fees;

(c) minimum fees;

(d) the payment of fees either generally or under specified conditions or in specified circumstances;

(e) the payment of fees by a specified manner of payment.

(4) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application and savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made as a result of the enactment of this Act.

(5) Regulations made under subsection (4) may have a retrospective effect to a day on or after the commencement of this section.

(6) To the extent that regulations made under subsection (4) have a retrospective effect, the regulations do not operate so as—

(a) to affect, in a manner prejudicial to any person, the rights of that person existing before the date of the regulations coming into operation; or

(b) to impose liabilities on any person in respect of anything done or omitted to be done before the date of the regulations coming into operation.

(7) Regulations made under subsection (4) have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities) or in any subordinate instrument.

Pt 7
(ss 114–165) repealed by No. 18/2020 s. 165.

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Endnotes

1 General information

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

Minister's second reading speech—

Legislative Assembly: 5 March 2020

Legislative Council: 19 March 2020

The long title for the Bill for this Act was "A Bill for an Act to establish the North East Link State Tolling Corporation in relation to the North East Link road, to provide for the operation and maintenance of the North East Link road and the imposition and enforcement of tolls in relation to the North East Link road, to make related and consequential amendments to other Acts and for other purposes."

The North East Link Act 2020 was assented to on 10 June 2020 and came into operation on 1 March 2021: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes 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.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All 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).

• Examples, diagrams or notes

All 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).

• Punctuation

All 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).

• Provision numbers

All 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).

• Location of "legislative items"

A "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.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the North East Link Act 2020 by Acts and subordinate instruments.

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North East Link Act 2020, No. 18/2020

| Assent Date: | 10.6.20 | | Commencement Date: | S. 165 on 1.3.21: s. 2(2) | | Note: | S. 165 repealed Pt 7 (ss 114–165) on 1.3.22 | | Current State: | This information relates only to the provision/s amending the North East Link Act 2020 |

Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022, No. 17/2022

| Assent Date: | 18.5.22 | | Commencement Date: | S. 105 on 6.9.22: Special Gazette (No. 456) 6.9.22 p. 1; ss 104, 106, 107 on 8.3.24: s. 2(3) |

Roads and Road Safety Legislation Amendment Act 2024, No. 46/2024

| Assent Date: | 19.11.24 | | Commencement Date: | S. 48 on 13.8.25: s. 2(3) |

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

| Assent Date: | 5.8.25 | | Commencement Date: | Ss 103, 106(Sch. 1 item 30) on 6.8.25: s. 2(1) |

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3 Explanatory details

No entries at date of publication.