(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.
Section 113 - North East Link Act 2020 - Regulations | Zoe
(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.
| 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) |