28Making of Codes of Practice

28 Making of Codes of Practice (1) Subject to this section, the Minister may make a Code of Practice for a road authority or a class of road authorities specified in the Code of Practice. S. 28(2) amended by No. 17/2009 s. 13(3)(b). (2) Before the Minister makes a Code of Practice, the Minister must consult with the relevant Ministers. S. 28(3) amended by Nos 17/2009 s. 11(2), 34/2023 s. 34(1). (3) Before the Minister makes a Code of Practice which includes any matter or thing relating to utility infrastructure or related works, the Minister must consult with— S. 28(3)(a) inserted by No. 34/2023 s. 34(1). (a) the relevant utility Ministers; and S. 28(3)(b) inserted by No. 34/2023 s. 34(1). (b) any road authority, utility or provider of public transport that is likely to be materially affected, or, as the case requires, a body or bodies that represent the interests of any road authority, utility or provider of public transport that is likely to be materially affected, by the Code of Practice to be made. S. 28(3A) inserted by No. 17/2009 s. 12(6), amended by No. 34/2023 s. 34(2). (3A) Before the Minister makes a Code of Practice which includes any matter or thing relating to public transport infrastructure or related works, the Minister must consult with— S. 28(3A)(a) inserted by No. 34/2023 s. 34(2). (a) the Minister for Public Transport; and S. 28(3A)(b) inserted by No. 34/2023 s. 34(2). (b) any road authority, utility or provider of public transport that is likely to be materially affected, or, as the case requires, a body or bodies that represent the interests of any road authority, utility or provider of public transport that is likely to be materially affected, by the Code of Practice to be made. (4) Before the Minister makes a Code of Practice which is for all road authorities which are municipal councils, the Minister must consult with the Municipal Association of Victoria. S. 28(5) inserted by No. 34/2023 s. 34(3). (5) A Code of Practice made under this section is not invalidated by reason only of a failure to comply with the requirements under subsections (3)(b) and (3A)(b).