7Functions and powers of the Secretary

7 Functions and powers of the Secretary

S. 7(1) amended by No. 49/2019 s. 158(1).

(1) Subject to this section, the Secretary has the following functions—

(a) on behalf of the Crown, to administer and manage contractual arrangements between the Crown and the West Gate Tunnel Corporation;

(b) to make recommendations regarding those contractual arrangements to the Minister;

(c) to manage the responsibilities of the Crown in relation to the operation of the West Gate Tunnel tollway;

(d) to make recommendations to the Minister on public safety issues relating to the West Gate Tunnel tollway;

(e) to manage, on behalf of the Crown, regulatory issues arising from the operation of the West Gate Tunnel tollway;

(f) to undertake any other functions conferred on the Secretary in relation to the West Gate Tunnel tollway under this or any other Act.

(2) The Secretary must comply with any directions of the Minister, including any direction relating to the provision of information or reports concerning the exercise of the Secretary's powers and the performance of the Secretary's functions.

(3) The Governor in Council may, by Order published in the Government Gazette, declare that the Secretary is authorised to carry out a function under subsection (1).

(4) The Secretary must not carry out a function under subsection (1) unless the Secretary has been authorised to do so in accordance with subsection (3).

S. 7(4A) inserted by No. 49/2019 s. 158(2).

(4A) Despite subsections (3) and (4), the Secretary may carry out any of the Secretary's functions under section 59 without being authorised to do so in accordance with subsection (3).

(5) The Secretary has all the powers that are necessary or convenient to perform the Secretary's functions under this section.