71Authorised officers

71 Authorised officers

S. 71(1) amended by No. 49/2019 s. 187, substituted by No. 49/2019 s. 174(1).

(1) Subject to this section, the Secretary may by instrument appoint any of the following to be an authorised officer for the purposes of this Act—

(a) an employee in the Department;

S. 71(1)(b) repealed by No. 49/2019 s. 183(Sch. 3 item 28).

(c) a member of the staff of the Regulator within the meaning of the Heavy Vehicle National Law (Victoria).

S. 71(2) amended by No. 49/2019 s. 174(2).

(2) Subject to this section, a State road authority, other than the Head, Transport for Victoria, may by instrument appoint—

S. 71(2)(a) amended by No. 108/2004 s. 117(1) (Sch. 3 item 175).

(a) an employee employed under the Public Administration Act 2004; or

(b) an officer or employee of a public body established by or under any Act—

to be an authorised officer for the purposes of this Act.

(3) Subject to this section, if the relevant road authority is a municipal council, the municipal council may by instrument appoint an officer or employee of the municipal council to be an authorised officer for the purposes of this Act.

S. 71(3A) inserted by No. 49/2019 s. 174(3).

(3A) An authorised officer appointed under subsection (1) may exercise the powers of an authorised officer in respect of a road for which the Head, Transport for Victoria is the responsible road authority if the Head, Transport for Victoria has so requested.

S. 71(4) amended by No. 49/2019 s. 174(4).

(4) An authorised officer appointed under subsection (1) may exercise the powers of an authorised officer in respect of the Link road if—

S. 71(4)(a) amended by No. 8/2019 s. 136(1).

(a) the Link corporation has so requested; and

(b) there is a written arrangement with the Link corporation.

S. 71(5) amended by No. 49/2019 s. 174(4).

(5) An authorised officer appointed under subsection (1) may exercise the powers of an authorised officer in respect of the Extension road if—

S. 71(5)(a) amended by No. 8/2019 s. 136(2).

(a) the Extension corporation has so requested; and

(b) there is a written arrangement with the Extension corporation.

S. 71(5A) inserted by No. 39/2004 s. 269, amended by Nos 95/2005 s. 13(2)(d), 49/2019 s. 174(4).

(5A) An authorised officer appointed under subsection (1) may exercise the powers of an authorised officer in respect of EastLink if—

S. 71(5A)(a) amended by No. 95/2005 s. 13(2)(c).