Melbourne City Link (General) (Amendment) Regulations 2000

i Melbourne City Link (General) (Amendment) Regulations 2000 S.R. No. 132/2000 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 2 3. Commencement 2 4. Principal Regulations 2 5. Amendment of regulation 201 2 6. Substitution of regulation 501 2 501. Form of infringement notices 2 7. Substitution of regulation 601 5 601. Definition of enforcement agency with respect to certain functions 5 602. Extension of period in which temporary registration may be sought 6 603. Expiry of regulation 602 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2000 S.R. No. 132/2000 Melbourne City Link Act 1995 Melbourne City Link (General) (Amendment) Regulations 2000 The Governor in Council makes the following Regulations: Dated: 12 December 2000 Responsible Minister: PETER BATCHELOR Minister for Transport HELEN DOYE Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to amend the Melbourne City Link (General) Regulations 1999 (a) to prescribe the form of infringement notices for the purposes of section 81(a) of Melbourne City Link Act 1995; and (b) to prescribe certain persons as the enforcement agency with respect to certain functions under that Act; and (c) to extend the time by which a person can seek temporary registration for driving on a toll zone; and (d) to make other minor amendments. -- 2 of 8 -- S.R. No. 132/2000 Melbourne City Link (General) (Amendment) Regulations 2000 2 2. Authorising provisions These Regulations are made under sections 3, 73C, 81 and 118 of the Melbourne City Link Act 1995. 3. Commencement (1) Regulations 1, 2, 3, 4 and 7 come into operation on 16 December 2000. (2) The remaining provisions of these Regulations come into operation on 1 January 2001. 4. Principal Regulations In these Regulations, the Melbourne City Link (General) Regulations 19991 are called the Principal Regulations. 5. Amendment of regulation 201 In regulation 201(f) of the Principal Regulations, for "Road Safety (Traffic) Regulations 1988" substitute "Road Safety (Road Rules) Regulations 1999". 6. Substitution of regulation 501 For regulation 501 of the Principal Regulations substitute '501. Form of infringement notices (1) For the purposes of section 81(a) of the Act, an infringement notice is in the prescribed form if it is in writing and contains the details required by section 81 of the Act and the following additional details (a) the date on which the notice is issued; and (b) the number of the notice; and (c) the manner in which the penalty may be paid; and r. 2 -- 3 of 8 -- S.R. No. 132/2000 Melbourne City Link (General) (Amendment) Regulations 2000 3 (d) the time within which the penalty may be paid; and (e) the name and business address of the enforcement officer who issued the notice; and (f) any other details required by this regulation. (2) An infringement notice in relation to an alleged offence against section 73(1) of the Act must contain the following additional details (a) a reference to the fact that the notice is a notice in relation to an offence of driving in a toll zone contrary to section 73(1) of the Act; and (b) the licence plate number or other identification of the vehicle which is alleged to have been driven in a toll zone; and (c) the name and address of the person alleged to have committed the offence or, if the notice is issued to the owner of the vehicle in accordance with section 87(1) of the Act, the words, "The Owner"; and (d) the date and approximate time and place of the commission of the alleged offence; and (e) a statement to the effect that a copy of the image relating to the detection of the alleged offence and information as to the date on, and time and location at, which the alleged offence was detected may be inspected or purchased and the r. 6 -- 4 of 8 -- S.R. No. 132/2000 Melbourne City Link (General) (Amendment) Regulations 2000 4 manner in which the inspection or purchase may be arranged. (3) An infringement notice in relation to an alleged offence against section 90A(2) of the Act must contain the following additional details (a) a reference to the fact that the notice is a notice in relation to an offence of disclosing or using restricted tolling information contrary to section 90A(2) of the Act; and (b) the name and address of the relevant agency alleged to have committed the offence; and (c) the name and address of the person to whom the restricted tolling information relates; and (d) a short description of the restricted tolling information alleged to have been used or disclosed contrary to section 90A(2); and (e) a short description of the alleged use or disclosure of restricted tolling information contrary to section 90A(2). (4) An infringement notice in relation to an alleged offence against section 92(1) of the Act must contain the following additional details (a) a reference to the fact that the notice is a notice in relation to an offence of failing to comply with the requirements of section 92(1) relating to the keeping of records; and r. 6 -- 5 of 8 -- S.R. No. 132/2000 Melbourne City Link (General) (Amendment) Regulations 2000 5 (b) the name and address of the relevant corporation alleged to have committed the offence; and (c) the paragraph of section 92(1) with which the relevant corporation is alleged to have failed to comply; and (d) a short description of the alleged failure to comply. (5) An infringement notice in relation to an alleged offence against section 92(3) of the Act must contain the following additional details (a) a reference to the fact that the notice is a notice in relation to an offence of preventing a person authorised by the Minister under section 92(2) from carrying out an inspection of records kept under Part 4 of the Act; and (b) the name and address of the relevant agency alleged to have committed the offence; and (c) the date and approximate time and place of the alleged offence; and (d) a short description of the alleged offence.'. 7. Substitution of regulation 601 For regulation 601 of the Principal Regulations substitute— '601. Definition of enforcement agency with respect to certain functions For the purposes of the definition of "enforcement agency" in section 3 of the Act, the enforcement agency with respect to the enforcement agency's functions under r. 7 -- 6 of 8 -- S.R. No. 132/2000 Melbourne City Link (General) (Amendment) Regulations 2000 6 (a) section 77(1) of the Act, except paragraphs (b) and (c); and (b) section 78(1) of the Act, except paragraph (b) is the Secretary to the Department of Justice. 602. Extension of period in which temporary registration may be sought For the purposes of section 73C(2)(b) of the Act, the prescribed time is the end of the day on which temporary registration is sought. 603. Expiry of regulation 602 Regulation 602 ceases to have effect on 31 December 2001.'. ═══════════════ r. 7 -- 7 of 8 -- S.R. No. 132/2000 Melbourne City Link (General) (Amendment) Regulations 2000 7 ENDNOTES 1 Reg. 4: S.R. No. 55/1999. Endnotes -- 8 of 8 --