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

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.