Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Transport Legislation Amendment (Better Roads
Victoria and Other Amendments) Act 2019
No. 7 of 2019
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 3
Part 2—Amendments relating to Better Roads Victoria Trust
Account 4
3 Better Roads Victoria Trust Account 4
4 New section 26 inserted 7
5 New Schedule 1 inserted 7
Part 3—Amendments relating to road safety 10
Division 1—Alcohol interlocks and re-licensing procedures—
amendments to Road Safety Act 1986 10
6 Definitions 10
7 Circumstances in which person is to be taken to be
disqualified from obtaining a driver licence or learner permit 10
8 Driver licences 10
9 Appeal to Magistrates' Court 11
10 Effect of suspension of licence or permit 11
11 Certain disqualified persons require licence eligibility order
before applying for licence or permit 11
12 Administrative scheme for imposing alcohol interlock
condition—disqualification for certain first offences 12
13 Administrative scheme for imposing alcohol interlock
condition—interstate drink-driving offence 14
14 Interpretative provisions 15
15 Direction to impose alcohol interlock condition 15
16 Administrative scheme for removal of alcohol interlock
condition 16
17 Application to Magistrates' Court for direction 17
18 New sections 50AAAE and 50AAAF inserted 19
19 Sections 50AAB and 50AACA repealed 24
20 Court must notify the Corporation of certain matters 24
21 Section 50AACC repealed 24
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22 Cost recovery fees 24
23 Previous convictions 24
24 Repeal of section 50A 25
25 Zero blood or breath alcohol 25
26 Corporation to notify person of behaviour change program 26
27 New section 103ZM inserted 26
28 Amendment of Schedule 1B 28
Division 2—Alcohol interlocks and re-licensing procedures—
amendments to Sentencing Act 1991 30
29 Suspension or cancellation of driver licence or learner permit
and driver disqualification—any offence 30
30 Finding on cancellation of driver licence or learner permit or
driver disqualification 30
31 New section 165 inserted 31
Division 3—Other amendments to Road Safety Act 1986 31
32 Driving a motor vehicle when directed to stop 31
33 Section 81 amended 32
34 Definitions—Part 6A 32
Division 4—References in other Acts to Road Rules 32
35 Heavy Vehicle National Law Application Act 2013 32
36 Rail Safety National Law Application Act 2013 32
37 Rail Safety (Local Operations) Act 2006 33
38 Transport (Compliance and Miscellaneous) Act 1983 33
39 Transport (Safety Schemes Compliance and Enforcement)
Act 2014 33
Part 4—Amendment of references relating to exemptions from
Chapter 6 of the Heavy Vehicle National Law (Victoria) 34
40 Heavy Vehicle National Law Application Act 2013 34
41 Road Safety Act 1986 34
Part 5—Other amendments to transport legislation 35
Division 1—Amendments to the Commercial Passenger Vehicle
Industry Act 2017 35
42 When the regulator may take disciplinary action 35
43 Statute law revision—Commercial Passenger Vehicle Industry
Act 2017 35
Division 2—Amendments to the Major Transport Projects
Facilitation Act 2009 36
44 Statute law revision—Major Transport Projects Facilitation
Act 2009 36
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Division 3—Amendments to the Transport Integration Act 2010 36
45 Land 36
46 Statute law revision—Transport Integration Act 2010 36
Division 4—Amendments to the Transport (Compliance and
Miscellaneous) Act 1983 37
47 Financial assistance to train drivers following fatal incidents 37
48 Head, Transport for Victoria may determine conditions 37
49 Conditions relating to overseas student travel 38
50 Definitions—section 221U 38
51 Overdimensional vehicles crossing tracks 38
52 New sections 221XA to 221XD inserted 40
53 Operators of overdimensional vehicles crossing tracks without
permission also guilty of offence 42
54 Reasonable steps defence—reliance on container weight
declaration 43
55 Specification of vehicle limits and fees for overdimensional
vehicles crossing tracks 43
56 New Division 14 inserted in Part VIII 44
Part 6—Repeal of amending Act 47
57 Repeal of amending Act 47
═════════════
Endnotes 48
1 General information 48
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Transport Legislation Amendment
(Better Roads Victoria and Other
Amendments) Act 2019†
No. 7 of 2019
[Assented to 26 March 2019]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to amend the Business Franchise
(Petroleum Products) Act 1979 in relation
to the Better Roads Victoria Trust Account;
and
Victoria
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Part 1—Preliminary
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(b) to amend the Road Safety Act 1986 to make
amendments relating to alcohol interlocks
and re-licensing procedures and other
matters and make consequential amendments
to the Sentencing Act 1991; and
(c) to update references in various Acts to the
Road Rules made under the Road Safety
Act 1986; and
(d) to amend the Heavy Vehicle National Law
Application Act 2013 and the Road Safety
Act 1986 so that the exemption from
Chapter 6 of the Heavy Vehicle National
Law (Victoria) applying to drivers of certain
bus services extends to the record keepers for
those drivers; and
(e) to amend the Commercial Passenger
Vehicle Industry Act 2017 in relation to
when the regulator may take disciplinary
action against a permission holder; and
(f) to amend the Transport Integration
Act 2010 in relation to the powers of
Victorian Rail Track to deal with land; and
(g) to amend the Transport (Compliance and
Miscellaneous) Act 1983—
(i) to further provide for compensation for
train drivers following fatal accidents;
and
(ii) to transfer responsibility for the making
of statutory conditions for travel on
public transport from the Secretary to
the Head, Transport for Victoria; and
(iii) in relation to overdimensional vehicles
crossing tracks; and
(h) to make minor and consequential
amendments to various Acts.
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Part 1—Preliminary
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Amendments) Act 2019
No. 7 of 2019
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2 Commencement
(1) Part 1, Part 2, Divisions 3 and 4 of Part 3, Part 4,
Division 1 of Part 5, section 46 and Part 6 come
into operation on the day after the day on which
this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 1 December 2019, it comes into
operation on that day.
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Part 2—Amendments relating to Better
Roads Victoria Trust Account
3 Better Roads Victoria Trust Account
(1) After section 13(2)(a) of the Business Franchise
(Petroleum Products) Act 1979 insert—
"(b) in respect of a financial year, an amount
equivalent to the total amount of revenue
received in that year from the following
sources—
(i) fines paid in respect of an offence
against the Road Safety Act 1986 that
is detected by a road safety camera or a
speed detector;
(ii) fines paid in respect of a prescribed
offence—".
(2) For section 13(3) of the Business Franchise
(Petroleum Products) Act 1979 substitute—
"(3) Amounts standing to the credit of the Better
Roads Victoria Trust Account must be
expended, as the Treasurer determines, for
the repair and upgrade of—
(a) roads in outer suburban and interface
communities; and
(b) roads and level crossings in rural and
regional Victoria; and
(c) roads and level crossings in
metropolitan areas in Victoria.
(3A) For the purposes of subsection (3), the
amounts to be expended must be expended in
the following proportions—
(a) no less than 33 per cent of the total
amount received under subsection
(2)(b) to be expended in respect of
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outer suburban and interface
communities;
(b) no less than 33 per cent of the total
amount received under subsection
(2)(b) to be expended in respect of rural
and regional Victoria.
(3B) After expending the amounts to be expended
under subsection (3) in the proportions set
out in subsection (3A), the Treasurer may
expend remaining amounts under subsection
(3) as the Treasurer sees fit.
(3C) The amounts to be expended under
subsection (3) must be expended in the
proportions set out in subsection (3A) over a
period of 4 years, where the first period
commences on 1 July 2019.".
(3) After section 13(4) of the Business Franchise
(Petroleum Products) Act 1979 insert—
"(5) The Treasurer may authorise—
(a) any expenditure from the Better Roads
Victoria Trust Account in accordance
with this section; and
(b) revenue to be paid into the Trust
Account from any source specified by
the Treasurer.
(6) The Treasurer may delegate, by instrument,
any of the Treasurer's powers or functions
under this section, other than this power of
delegation, to any of the following—
(a) the Minister for the time being
administering the Road Safety
Act 1986;
(b) a public service body Head within the
meaning of the Public Administration
Act 2004;
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(c) the Chief Executive for the time being
of VicRoads;
(d) the Head, Transport for Victoria
(within the meaning of the Transport
Integration Act 2010).
(7) In this section—
alpine resort has the same meaning as it has
in the Alpine Resorts Act 1983;
Council has the same meaning as it has in
the Local Government Act 1989;
outer suburban and interface community
means a municipal district of a Council
listed in column 1 of the Table in
Schedule 1;
road has the same meaning as it has in the
Road Management Act 2004;
road safety camera has the same meaning as
it has in the Road Safety Act 1986;
rural and regional Victoria means—
(a) a municipal district of a Council
listed in column 2 of the Table in
Schedule 1; or
(b) an alpine resort;
speed detector has the same meaning as it
has in the Road Safety Act 1986;
VicRoads means the Roads Corporation
within the meaning of section 3 of the
Transport Integration Act 2010.".
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4 New section 26 inserted
After section 25 of the Business Franchise
(Petroleum Products) Act 1979 insert—
"26 Regulations
(1) The Governor in Council may make
regulations for or with respect to any matter
or thing required or permitted by this Act to
be prescribed or necessary to be prescribed
to give effect to this Act.
(2) Regulations made under this Act may—
(a) be of general or limited application;
(b) differ according to differences in time,
place or circumstance.".
5 New Schedule 1 inserted
At the end of the Business Franchise (Petroleum
Products) Act 1979 insert—
"Schedule 1—Outer suburban and interface
communities and rural and regional Victoria
Section 13(7)
Table
Item
Column 1
Outer suburban and
interface community
Column 2
Rural and regional Victoria
1 Cardinia Shire Council Alpine Shire Council
2 Casey City Council Ararat Rural City Council
3 Hume City Council Ballarat City Council
4 Melton Shire Council Bass Coast Shire Council
5 Mornington Peninsula Shire
Council
Baw Baw Shire Council
6 Nillumbik Shire Council Benalla Rural City Council
7 Whittlesea City Council Borough of Queenscliffe
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Item
Column 1
Outer suburban and
interface community
Column 2
Rural and regional Victoria
8 Wyndham City Council Buloke Shire Council
9 Yarra Ranges Shire Council Campaspe Shire Council
10 Central Goldfields Shire Council
11 Colac-Otway Shire Council
12 Corangamite Shire Council
13 East Gippsland Shire Council
14 Gannawarra Shire Council
15 Glenelg Shire Council
16 Golden Plains Shire Council
17 Greater Bendigo City Council
18 Greater Geelong City Council
19 Greater Shepparton City Council
20 Hepburn Shire Council
21 Hindmarsh Shire Council
22 Horsham Rural City Council
23 Indigo Shire Council
24 Latrobe City Council
25 Loddon Shire Council
26 Macedon Ranges Shire Council
27 Mansfield Shire Council
28 Mildura Rural City Council
29 Mitchell Shire Council
30 Moira Shire Council
31 Moorabool Shire Council
32 Mount Alexander Shire Council
33 Moyne Shire Council
34 Murrindindi Shire Council
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Item
Column 1
Outer suburban and
interface community
Column 2
Rural and regional Victoria
35 Northern Grampians Shire
Council
36 Pyrenees Shire Council
37 South Gippsland Shire Council
38 Southern Grampians Shire
Council
39 Strathbogie Shire Council
40 Surf Coast Shire Council
41 Swan Hill Rural City Council
42 Towong Shire Council
43 Wangaratta Rural City Council
44 Warrnambool City Council
45 Wellington Shire Council
46 West Wimmera Shire Council
47 Wodonga City Council
48 Yarriambiack Shire Council
".
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Part 3—Amendments relating to road safety
Division 1—Alcohol interlocks and re-licensing
procedures—amendments to Road Safety Act 1986
6 Definitions
In section 3(1) of the Road Safety Act 1986, the
definition of alcohol interlock condition removal
order is repealed.
7 Circumstances in which person is to be taken to be
disqualified from obtaining a driver licence or
learner permit
For section 3AD(c) of the Road Safety Act 1986
substitute—
"(c) section 89(1)(b), (3)(b) or (4)(b) of the
Sentencing Act 1991; or
(d) section 89A(1)(b) of the Sentencing
Act 1991—".
8 Driver licences
(1) In section 19(7) of the Road Safety Act 1986,
for "paragraph (b)" substitute "paragraphs (b)
and (d)".
(2) In the note at the foot of section 19(7) of the Road
Safety Act 1986 omit "or 89A(1)".
(3) For section 19(7AA) of the Road Safety
Act 1986 substitute—
"(7AA) A person who holds a driver licence or
learner permit to which an alcohol interlock
condition applies must have the driver
licence or learner permit in their possession
while driving or in charge of a motor vehicle.
Penalty applying to this subsection: 5 penalty
units.".
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(4) Section 19(7A) of the Road Safety Act 1986 is
repealed.
9 Appeal to Magistrates' Court
In section 26(5) of the Road Safety Act 1986—
(a) in paragraph (b), for "permit." substitute
"permit; or";
(b) after paragraph (b) insert—
"(c) under section 50AAAE not to exempt
a person from the requirement that a
driver licence or learner permit granted
to the person must be subject to an
alcohol interlock condition; or
(d) under section 103ZM(6) not to exempt
a person to whom section 103ZM(5)
applies from prescribed alcohol
interlock usage requirements.".
10 Effect of suspension of licence or permit
In section 28A(2) of the Road Safety Act 1986—
(a) omit "or 89A(1)";
(b) omit "or (7A)".
11 Certain disqualified persons require licence
eligibility order before applying for licence or
permit
For section 31A(2) of the Road Safety Act 1986
substitute—
"(2) Subject to subsection (3), this section applies
to a person—
(a) who has been disqualified from
obtaining a driver licence or learner
permit under—
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(i) section 50 in respect of an offence
under section 49(1)(a) involving
only a drug or under section
49(1)(ba), (bb), (ca), (ea), (eb),
(h) or (i); or
(ii) section 89 of the Sentencing
Act 1991; or
(b) who has been disqualified from driving
a motor vehicle on a road in Victoria
under section 89 of the Sentencing
Act 1991 and, by force of section 3AD,
is to be taken to have been disqualified
from obtaining a driver licence or
learner permit.
Note
Section 28A(2) provides that a person whose driver
licence or learner permit is suspended by force of
section 89(4) of the Sentencing Act 1991 is not
disqualified for the purposes of this section.".
12 Administrative scheme for imposing alcohol
interlock condition—disqualification for certain
first offences
(1) In the heading to section 31KA of the Road
Safety Act 1986 omit "—disqualification for
certain first offences".
(2) For section 31KA(1) of the Road Safety
Act 1986 substitute—
"(1) Subject to section 50AAAE, this section
applies to a person—
(a) who either—
(i) has been disqualified from
obtaining a driver licence or
learner permit under section 50
in respect of an offence under
section 49(1) (other than an
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offence under section 49(1)(a)
involving only a drug or under
section 49(1)(ba), (bb), (ca), (ea),
(eb), (h) or (i)); or
(ii) has been disqualified, or by force
of section 3AD is taken to have
been disqualified, from obtaining
a driver licence or learner permit
under section 89C in respect of a
drink-driving infringement; and
(b) who has ceased to be so disqualified.
Note
If the person has committed other offences, the person
may be required to obtain a licence eligibility order
before a driver licence or learner permit is granted.
See section 31A.".
(3) For section 31KA(4) and (5) of the Road Safety
Act 1986 substitute—
"(4) A person granted a driver licence or learner
permit on which an alcohol interlock
condition is imposed under this section
cannot apply under section 50AAAB for the
removal of the condition during the period
(the relevant period), determined in
accordance with subsection (5), beginning on
the first grant of the licence or permit.
(5) For the purposes of subsection (4), the
relevant period applying to a person is the
minimum period specified in column 4 of the
Table in Schedule 1B applying to the offence
for which the person was disqualified from
obtaining a driver licence or learner permit.
(6) For the purposes of subsection (5) and
despite section 48(2), in determining for the
purposes of Schedule 1B whether an offence
under a paragraph of section 49(1) was a
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first, second or subsequent offence, any
previous conviction or finding of guilt of the
person for any of the following offences is to
be disregarded—
(a) an offence under section 49(1)(a)
(involving only a drug) or of an offence
under section 49(1)(ba), (bb), (ca), (eb),
(h) or (i);
(b) an offence referred to in section 89(1),
(3) or (4) of the Sentencing Act 1991
(involving only a drug);
(c) an offence committed in another State
or a Territory, the necessary elements
of which consist of the elements that
constitute any of the offences referred
to in paragraph (a) or (b).".
13 Administrative scheme for imposing alcohol
interlock condition—interstate drink-driving
offence
(1) In section 31KB(1) of the Road Safety
Act 1986—
(a) in paragraph (a), for "paragraphs (b) and (c)
do" substitute "paragraph (c) does";
(b) in paragraph (b)(ii), for "permit; or"
substitute "permit; and";
(c) after paragraph (b)(ii) insert—
"(iii) does not hold a current licence or
permit issued in another State or a
Territory authorising the person to
drive a motor vehicle; or".
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(2) For section 31KB(7)(a) of the Road Safety
Act 1986 substitute—
"(a) despite section 48(2), in determining for
the purposes of Schedule 1B whether the
Victorian drink-driving offence is a first,
second or subsequent offence, any previous
conviction or finding of guilt of the person
for any of the following offences is to be
disregarded—
(i) an offence under section 49(1)(a)
(involving only a drug) or of an offence
under section 49(1)(ba), (bb), (ca), (eb),
(h) or (i);
(ii) an offence referred to in section 89(1),
(3) or (4) of the Sentencing Act 1991
(involving only a drug);
(iii) an offence committed in another State
or a Territory, the necessary elements
of which consist of the elements that
constitute any of the offences referred
to in subparagraph (i) or (ii); and".
14 Interpretative provisions
In section 48(5)(a) of the Road Safety Act 1986,
after "(bb)," insert "(ca), (eb),".
15 Direction to impose alcohol interlock condition
(1) For section 50AAA(1)(a) of the Road Safety
Act 1986 substitute—
"(a) a person has been disqualified under
section 89 of the Sentencing Act 1991 from
obtaining a driver licence or learner permit
or, by force of section 3AD, is taken to be so
disqualified under that section 89; and".
(2) In the note at the foot of section 50AAA(1) of the
Road Safety Act 1986 omit "or 89A(1)".
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(3) Section 50AAA(9) of the Road Safety Act 1986
is repealed.
16 Administrative scheme for removal of alcohol
interlock condition
(1) For section 50AAAB(1) and (2) of the Road
Safety Act 1986 substitute—
"(1) A person who holds a driver licence or
learner permit that is subject to an alcohol
interlock condition may apply to the
Corporation for the removal of the alcohol
interlock condition if—
(a) the minimum period of each and every
alcohol interlock condition given in
respect of the person has elapsed
including—
(i) in the case of an alcohol interlock
condition imposed under
section 31KA—the relevant
period referred to in
section 31KA(4); and
(ii) in the case of an alcohol interlock
condition imposed under
section 31KB—the relevant
period referred to in
section 31KB(4); and
(iii) in the case of an alcohol interlock
condition imposed pursuant to
an alcohol interlock condition
direction given to the Corporation
by the Magistrates' Court—the
specified period of the alcohol
interlock condition direction; and
(b) the person can supply, or cause to be
supplied, a report that complies with
subsection (3); and
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(c) if required under the regulations to
complete a second-stage behaviour
change program, the person has
completed the second-stage behaviour
change program specified in the notice
given to the person under section 58E.".
(2) In section 50AAAB(3) and (4)(b)(ii) of the Road
Safety Act 1986, for "subsection (2)(c)"
substitute "subsection (1)(b)".
(3) In section 50AAAB(6) of the Road Safety
Act 1986, for "subsection (2)(b)" substitute
"subsection (1)(a)".
(4) Section 50AAAB(8)(a) of the Road Safety
Act 1986 is repealed.
(5) In section 50AAAB(8)(c) of the Road Safety
Act 1986, after "section 50AAAC(2)" insert
"or (2A)".
17 Application to Magistrates' Court for direction
(1) In section 50AAAC(1) of the Road Safety
Act 1986, after "subsection (2)" insert "or (2A)".
(2) After section 50AAAC(2) of the Road Safety
Act 1986 insert—
"(2A) The reason is that—
(a) data on the usage of an approved
alcohol interlock indicates that on a
direction being given, by message on
the digital display on the alcohol
interlock or by an audible message
given by the alcohol interlock, to
undertake an alcohol breath test after
the motor vehicle was started there was
a failure—
(i) to provide a breath sample that
contains no registrable alcohol
using the alcohol interlock; or
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(ii) to successfully undertake an
alcohol breath test using the
alcohol interlock; and
(b) under the regulations, the person is
taken to have been responsible for that
failure; and
(c) accordingly that failure was sufficient
for there not to be compliance with any
prescribed alcohol interlock usage data
requirements.".
(3) In section 50AAAC(3) of the Road Safety
Act 1986, after "subsection (2)" insert "or the
failure of, or failure to undertake, the alcohol
breath test referred to in subsection (2A), as the
case may be".
(4) For section 50AAAC(4)(b) of the Road Safety
Act 1986 substitute—
"(b) must be accompanied by data obtained from
the approved alcohol interlock relating to
the failed attempt, the failure of the alcohol
breath test or the failure to take the alcohol
breath test (as the case may be) that provides
evidence (whether photographic or
otherwise) as to identity of the person who
was responsible for that failed attempt or
failure of the test or failure to take the test.".
(5) For section 50AAAC(5) of the Road Safety
Act 1986 substitute—
"(5) The Magistrates' Court must not deal with, or
determine, an application under this section
unless it is satisfied that the relevant period
referred to in section 31KA(4) or 31KB(4) or
the specified period of an alcohol interlock
condition direction given to the Corporation
by the Magistrates' Court, as the case may
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be, when calculated in accordance with
section 50AAAB(6), has elapsed.".
(6) For section 50AAAC(6)(b) of the Road Safety
Act 1986 substitute—
"(b) may either—
(i) direct the Corporation to treat
the applicant as not having been
responsible for the failed attempt, the
failure of the test or the failure to take
the test, as the case may be; or
(ii) refuse to give such a direction.".
(7) After section 50AAAC(9) of the Road Safety
Act 1986 insert—
"(10) In this section—
registrable alcohol, in relation to a breath
sample given by a person using an
approved alcohol interlock, means a
concentration of breath alcohol that
would prevent a motor vehicle in which
the alcohol interlock is installed from
starting if that concentration were
detected by the alcohol interlock before
the car had started.".
18 New sections 50AAAE and 50AAAF inserted
After section 50AAAD of the Road Safety
Act 1986 insert—
"50AAAE Application to avoid imposition of alcohol
interlock condition
(1) Subject to subsection (2), this section applies
to a person if—
(a) any driver licence or learner
permit granted to the person by the
Corporation would, except for this
section, be subject to an alcohol
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interlock condition under section 31KA
because—
(i) the person has been disqualified
from obtaining a driver licence or
learner permit under section 50
in respect of an offence under
section 49(1); or
(ii) the person has been, or by force of
section 3AD is taken to have been,
disqualified from obtaining a
driver licence or learner permit
under section 89C in respect of a
drink-driving infringement; and
(b) that offence is an offence in respect
of which, immediately before the
commencement of this section, the
imposition of an alcohol interlock
condition under Schedule 1B would be
discretionary.
(2) This section does not apply to a person
who—
(a) holds a driver licence or learner permit;
or
(b) is required to obtain a licence eligibility
order in respect of any offence, and is
yet to do so; or
(c) would be subject to a mandatory
alcohol interlock condition because of
one or more other offences committed
by the person.
(3) A person to whom this section applies may
apply to the Corporation for an exemption
from the requirement that a driver licence or
learner permit granted to the person by the
Corporation must be subject to an alcohol
interlock condition.
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(4) The application must—
(a) be made in accordance with the
regulations; and
(b) be supported by evidence, prescribed
by the regulations, that the person is
not engaging in hazardous or harmful
alcohol use and is not dependent on
alcohol.
(5) On application under this section, the
Corporation may—
(a) decide to grant the exemption, if it is
satisfied that the person is not engaging
in hazardous or harmful use of alcohol
and is not dependent on alcohol; or
(b) decide not to grant the exemption.
(6) A decision under subsection (5) may be
made by the Corporation—
(a) on the basis of the application, any
evidence given in support of the
application and any matters that appear
in records kept by the Corporation; and
(b) without conducting any hearing or
investigation into the matter.
(7) If the Corporation decides not to grant the
exemption, the Corporation must give the
person written notice stating—
(a) the Corporation's decision; and
(b) the reasons for the decision; and
(c) that any driver licence or learner permit
granted to the person will be subject to
an alcohol interlock condition; and
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(d) that the person may apply to
the Magistrates' Court under
section 50AAAF for a review of
the decision.
50AAAF Application to Magistrates' Court for
review of decision under section 50AAAE
(1) This section applies if—
(a) a person has applied to the Corporation
under section 50AAAE for an
exemption from the requirement that a
driver licence or learner permit granted
to the person must be subject to an
alcohol interlock condition; and
(b) the Corporation has decided not to
grant the exemption; and
(c) the person has not subsequently applied
for, and been granted, a driver licence
or learner permit that is subject to an
alcohol interlock condition.
(2) Subject to subsection (3), the person
may apply to the Magistrates' Court for a
direction to the Corporation that the person
has provided evidence, prescribed by the
regulations, that is sufficient to establish that
the person is not engaging in hazardous or
harmful alcohol use and is not dependent on
alcohol.
(3) An application to the Magistrates' Court
under this section—
(a) may be made on giving 28 days written
notice of the application and of the
venue of the Court at which it is to be
heard to—
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(i) the Chief Commissioner of Police;
and
(ii) the registrar of that venue of the
Court; and
(b) must be accompanied by the evidence
given in support of the application
under section 50AAAE.
(4) At the hearing of an application under this
section, the Magistrates' Court must hear any
relevant evidence tendered by the Chief
Commissioner of Police.
(5) On an application under this section, the
Magistrates' Court may either—
(a) direct the Corporation that the person
has provided evidence, prescribed by
the regulations, that is sufficient to
establish that the person is not engaging
in hazardous or harmful alcohol use and
is not dependent on alcohol; or
(b) refuse to give such a direction.
(6) The Magistrates' Court must cause
particulars of any decision made by it on an
application under this section to be sent
immediately to the Corporation.
(7) The decision of the Magistrates' Court on an
application under this section is final and
conclusive and, subject to subsection (8),
must be given effect to by the Corporation.
(8) The Corporation is not required to give effect
to a decision of the Magistrates' Court under
this section if the person is no longer a
person to whom section 50AAAE applies.".
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19 Sections 50AAB and 50AACA repealed
Sections 50AAB and 50AACA of the Road
Safety Act 1986 are repealed.
20 Court must notify the Corporation of certain
matters
Section 50AACB(b) of the Road Safety Act 1986
is repealed.
21 Section 50AACC repealed
Section 50AACC of the Road Safety Act 1986 is
repealed.
22 Cost recovery fees
After section 50AAKA(2)(a) of the Road Safety
Act 1986 insert—
"(ab) establishing processes arising from
amendments made to this Part, and the
insertion of section 103ZM, by the
Transport Legislation Amendment (Better
Roads Victoria and Other Amendments)
Act 2019 and meeting the ongoing costs
associated with those processes including the
costs of processing applications under
sections 50AAAE and 103ZM(6); and".
23 Previous convictions
For the table at the foot of section 50AA of the
Road Safety Act 1986 substitute—
"Table
Item
No. Column 1 Column 2
1 Section 25 The commission of the
corresponding
interstate drink-driving
offence
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Item
No. Column 1 Column 2
2 Sections 31A and 31E The making of an
application for a
licence eligibility order
3 Sections 31KA and
31KB
The making of an
application for the
grant of the driver
licence or learner
permit
4 Sections 50(1A), (1AD),
(1B), (1C), (1D), (1DA)
and (1E) and 51(1)
The commission of the
relevant offence
5 Section 50AAA The making of an
application for a
licence eligibility order
6 Schedule 1B—where it is
applied for the purposes
of section 50AAA
The making of an
application for a
licence eligibility order
7 Schedule 1B—where it is
applied for the purposes
of section 31KA or
31KB
The making of an
application for the
grant of a driver
licence or learner
permit
".
24 Repeal of section 50A
Section 50A of the Road Safety Act 1986 is
repealed.
25 Zero blood or breath alcohol
(1) At the foot of section 52(1B) of the Road Safety
Act 1986 insert—
"Note
Section 28A(2) provides that a person whose driver licence
or learner permit is suspended by force of section 89(4) of
the Sentencing Act 1991 is not disqualified for the purposes
of this section.".
(2) Section 52(1BA) of the Road Safety Act 1986 is
repealed.
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26 Corporation to notify person of behaviour change
program
In section 58E(1)(e) of the Road Safety Act 1986
omit "50AAB or".
27 New section 103ZM inserted
Before section 104 of the Road Safety Act 1986
insert—
"103ZM Transitional provisions—Transport
Legislation Amendment (Better Roads
Victoria and Other Amendments)
Act 2019
(1) Section 31KA(1), as amended by section 12
of the Transport Legislation Amendment
(Better Roads Victoria and Other
Amendments) Act 2019, applies in relation
to the offences specified in section 31KA(1)
whether those offences were committed
before, on or after the commencement of
section 12 of that Act.
(2) The amendments to section 50AAAC by
section 17 of the Transport Legislation
Amendment (Better Roads Victoria and
Other Amendments) Act 2019 apply in
relation to alcohol interlock usage data
whether that data was collected before, on or
after the commencement of section 17 of that
Act.
(3) On and after the commencement of
section 19 of the Transport Legislation
Amendment (Better Roads Victoria and
Other Amendments) Act 2019, a person
seeking the removal of an alcohol interlock
condition imposed on the person's driver
licence or learner permit must apply to the
Corporation under section 50AAAB
irrespective of—
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(a) when the alcohol interlock condition
was imposed; or
(b) whether the alcohol interlock condition
was imposed by the Corporation on the
direction of the Magistrates' Court or
otherwise.
(4) If immediately before the commencement of
section 25(2) of the Transport Legislation
Amendment (Better Roads Victoria and
Other Amendments) Act 2019, a driver
licence or learner permit held by a person is
subject to an alcohol interlock condition
because the person was, or by force of
section 3AD was taken to be, disqualified
from obtaining a driver licence or learner
permit under section 89A(1) of the
Sentencing Act 1991—
(a) the driver licence or learner permit
continues to be subject to the alcohol
interlock condition for the term that
applied before that commencement; and
(b) while the alcohol interlock condition is
in force, sections 19(7A) and 52(1B),
as in force immediately before that
commencement, continue to apply to
the person; and
(c) when the specified period of each
and every alcohol interlock condition
applying to the person has elapsed, the
person may apply for the removal of
the alcohol interlock condition under
section 50AAAB.
(5) Despite section 103ZI(5), on and after the
date on which this subsection comes into
operation, if a person's driver licence or
learner permit has an alcohol interlock
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condition imposed in respect of an offence
committed before 1 October 2014—
(a) the person is subject to the prescribed
alcohol interlock usage data
requirements; and
(b) in determining compliance with those
requirements, the Corporation may
have regard to alcohol interlock usage
data collected at any time during the
period of the alcohol interlock
condition, including data collected
before the date on which this provision
comes into operation.
(6) A person to whom subsection (5) applies, on
application made in the prescribed manner
within 12 months after the date on which
subsection (5) comes into operation, may be
exempted from prescribed alcohol interlock
usage requirements by the Corporation if—
(a) the Corporation is satisfied that there
are special circumstances for doing so;
and
(b) the person has, or has had, an approved
alcohol interlock installed in a motor
vehicle and data collected on the last
6 months usage of the approved alcohol
interlock has not indicated a failed
attempt to start the motor vehicle as a
result of it detecting alcohol.".
28 Amendment of Schedule 1B
(1) In the Table in Schedule 1B to the Road Safety
Act 1986—
(a) in item 1, for "Discretionary" substitute
"Mandatory, subject to section 50AAAE";
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(b) in item 2, for "Discretionary for a first
offence and mandatory for a second offence"
substitute "Mandatory for a first offence,
subject to section 50AAAE; Mandatory for
a second offence";
(c) in items 4, 8, 9 and 13, for "Discretionary"
substitute "Mandatory, subject to section
50AAAE";
(d) in item 14, for "Discretionary in any other
case" substitute "Mandatory, subject to
section 50AAAE, in any other case";
(e) in item 20, after "On or after 30 September
2013" insert "but before 1 December 2019".
(2) In the Table in Schedule 1B to the Road Safety
Act 1986, after item 20 insert—
"20A An offence
referred to in
section 89(3)
or (4) of the
Sentencing
Act 1991
which was a
first offence
if the court
made a
finding that
the offence
was
committed
while the
person was
under the
influence of
alcohol, or
both alcohol
and a drug,
which
contributed to
the offence
On or after
1 December
2019
Mandatory 6
months".
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(3) In the Table in Schedule 1B to the Road Safety
Act 1986, item 22 is repealed.
Division 2—Alcohol interlocks and re-licensing
procedures—amendments to Sentencing Act 1991
29 Suspension or cancellation of driver licence or
learner permit and driver disqualification—any
offence
For the notes at the foot of section 89A of the
Sentencing Act 1991 substitute—
"Notes
1 A person who is disqualified from obtaining a driver
licence or learner permit or whose driver licence or
learner permit is cancelled under this section by order
of the Magistrates' Court or Children's Court may
appeal to the County Court. See section 29 of the Road
Safety Act 1986.
See sections 3AD and 3AE of the Road Safety
Act 1986 for circumstances in which a person is to be
taken to be disqualified from obtaining a driver licence
or learner permit or from driving a motor vehicle on a
road in Victoria.
2 Particulars of any order made by a court under this
section must be sent immediately to the Roads
Corporation—see section 87Q.".
30 Finding on cancellation of driver licence or learner
permit or driver disqualification
In section 89C(1) of the Sentencing Act 1991
omit "or section 89A(1)".
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31 New section 165 inserted
After section 164 of the Sentencing Act 1991
insert—
"165 Transitional provision—Transport
Legislation Amendment (Better Roads
Victoria and Other Amendments)
Act 2019
On and after the commencement of
section 30 of the Transport Legislation
Amendment (Better Roads Victoria and
Other Amendments) Act 2019, a court
must not make a finding under section
89C(1) of this Act in respect of an offence
under section 89A(1), irrespective of when
the offence was committed.".
Division 3—Other amendments to
Road Safety Act 1986
32 Driving a motor vehicle when directed to stop
For section 64A(1) and (2) of the Road Safety
Act 1986 substitute—
"(1) The driver of a motor vehicle who knows, or
ought reasonably to know, that they have
been given a direction to stop must stop the
motor vehicle as soon as practicable after
being given the direction and remain stopped
until a police officer or a protective services
officer indicates that the driver may proceed.
Penalty: For a first offence, 60 penalty
units or imprisonment for
6 months or both;
For a subsequent offence,
120 penalty units or imprisonment
for 12 months or both.".
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33 Section 81 amended
(1) In the heading to section 81 of the Road Safety
Act 1986, after "cameras" insert "or prescribed
processes".
(2) For section 81(1B) of the Road Safety Act 1986
substitute—
"(1B) For the purposes of subsection (1), where
an image produced by a prescribed process
when used in the prescribed manner depicts
one or more motor vehicles, a marker on a
particular motor vehicle and a message
stating the speed of that motor vehicle is,
without prejudice to any other mode of
proof and in the absence of evidence to the
contrary, proof of the speed of that motor
vehicle on that occasion.".
34 Definitions—Part 6A
In section 84C(1) of the Road Safety Act 1986,
in the definition of relevant offence, in paragraph
(a)(ii), after "30(1)" insert ", 33I(1), 33I(3)
or 33J(1)".
Division 4—References in other Acts to Road Rules
35 Heavy Vehicle National Law Application Act 2013
In section 19 of the Heavy Vehicle National Law
Application Act 2013, for "The Road Safety
Road Rules 2009 made under section 95D"
substitute "The Road Rules within the meaning
of section 3(1)".
36 Rail Safety National Law Application Act 2013
In section 3(1) of the Rail Safety National Law
Application Act 2013, for the definition of Road
Rules substitute—
"Road Rules has the same meaning as in
section 3(1) of the Road Safety Act 1986;".
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37 Rail Safety (Local Operations) Act 2006
In section 3(1) of the Rail Safety (Local
Operations) Act 2006, for the definition of Road
Rules substitute—
"Road Rules has the same meaning as in
section 3(1) of the Road Safety Act 1986;".
38 Transport (Compliance and Miscellaneous)
Act 1983
In section 221U of the Transport (Compliance
and Miscellaneous) Act 1983, in the note at the
foot of the definition of level crossing, for "the
Road Safety Road Rules 2009" substitute "the
Road Rules, within the meaning of section 3(1)
of the Road Safety Act 1986,".
39 Transport (Safety Schemes Compliance and
Enforcement) Act 2014
In section 3 of the Transport (Safety Schemes
Compliance and Enforcement) Act 2014, in the
note at the foot of the definition of level crossing,
for "the Road Safety Road Rules 2009" substitute
"the Road Rules, within the meaning of
section 3(1) of the Road Safety Act 1986,".
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the Heavy Vehicle National Law (Victoria)
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Part 4—Amendment of references relating to
exemptions from Chapter 6 of the Heavy
Vehicle National Law (Victoria)
40 Heavy Vehicle National Law Application Act 2013
In section 7(1) of the Heavy Vehicle National
Law Application Act 2013—
(a) in paragraph (b), for "emergency."
substitute "emergency; or";
(b) after paragraph (b) insert—
"(c) the record keeper for a driver referred
to in paragraph (a) or (b).".
41 Road Safety Act 1986
(1) For the heading to section 191A of the Road
Safety Act 1986 substitute—
"Definitions".
(2) In section 191A of the Road Safety Act 1986—
(a) in the definition of light bus, for "less."
substitute "less;";
(b) insert the following definition—
"record keeper has the same meaning as it
has in the Heavy Vehicle National Law
(Victoria).".
(3) In section 191BA of the Road Safety Act 1986,
after "that section" insert "and to the record
keeper for that driver".
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Part 5—Other amendments to
transport legislation
Division 1—Amendments to the Commercial
Passenger Vehicle Industry Act 2017
42 When the regulator may take disciplinary action
After section 214(a) of the Commercial
Passenger Vehicle Industry Act 2017 insert—
"(ab) that the permission holder has contravened
or is contravening this Act or regulations
made under this Act;".
43 Statute law revision—Commercial Passenger
Vehicle Industry Act 2017
(1) In section 108(1) of the Commercial Passenger
Vehicle Industry Act 2017, for "(i) require"
substitute "(f) require".
(2) In section 181(1) of the Commercial Passenger
Vehicle Industry Act 2017, for "(d) inform"
substitute "(e) inform".
(3) In section 195 of the Commercial Passenger
Vehicle Industry Act 2017, for "(1) A notice"
substitute "A notice".
(4) In section 238(2) of the Commercial Passenger
Vehicle Industry Act 2017, for "section 20(2)"
substitute "section 289(3)".
(5) In section 242(1) of the Commercial Passenger
Vehicle Industry Act 2017, for "section 15(1)"
substitute "section 241(1)".
(6) In section 242(2) of the Commercial Passenger
Vehicle Industry Act 2017—
(a) for "(2) at the" substitute "(b) at the";
(b) for "section 15(1)" substitute
"section 241(1)".
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Division 2—Amendments to the Major Transport
Projects Facilitation Act 2009
44 Statute law revision—Major Transport Projects
Facilitation Act 2009
(1) Section 81(2) of the Major Transport Projects
Facilitation Act 2009 is repealed.
(2) In section 83(2) of the Major Transport Projects
Facilitation Act 2009, for "An approval"
substitute "The assessment committee".
(3) In section 95(1)(a), (2)(a) and (3)(b) of the Major
Transport Projects Facilitation Act 2009, for
"Governor in Council" substitute "Premier".
Division 3—Amendments to the Transport
Integration Act 2010
45 Land
In section 125(1) of the Transport Integration
Act 2010—
(a) in paragraphs (a) and (b) omit "and the
Treasurer";
(b) in paragraphs (c) and (d), after "the Public
Transport Development Authority" insert
", the lead transport agency, the Roads
Corporation, any other Transport
Corporation";
(c) in paragraph (f) omit "and the Treasurer".
46 Statute law revision—Transport Integration
Act 2010
In section 79K of the Transport Integration
Act 2010, for "section 79AE(1)(i)(ii)" substitute
"section 79AE(1)(j)(ii)".
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Division 4—Amendments to the Transport
(Compliance and Miscellaneous) Act 1983
47 Financial assistance to train drivers following fatal
incidents
(1) In section 12(1) of the Transport (Compliance
and Miscellaneous) Act 1983, after "to a train
driver" insert "employed or".
(2) For section 12(2)(a) of the Transport
(Compliance and Miscellaneous) Act 1983
substitute—
"(a) a train is involved in an incident in which
one or more persons die either by being
struck by the train or by being in a vehicle
struck by the train and the train driver is—
(i) driving the train; or
(ii) rostered for work and in the driver's
cabin of the train with the authority of
the train operator; and".
48 Head, Transport for Victoria may determine
conditions
(1) In the heading to section 220D of the Transport
(Compliance and Miscellaneous) Act 1983, for
"Secretary" substitute "Head, Transport for
Victoria".
(2) In section 220D(1) of the Transport
(Compliance and Miscellaneous) Act 1983, for
"Secretary" substitute "Head, Transport for
Victoria".
(3) In section 220D(1B) of the Transport
(Compliance and Miscellaneous) Act 1983, for
"Secretary" (where twice occurring) substitute
"Head, Transport for Victoria".
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(4) In section 220D(2) and (5) of the Transport
(Compliance and Miscellaneous) Act 1983, for
"Secretary" substitute "Head, Transport for
Victoria".
49 Conditions relating to overseas student travel
In section 220DA(3) of the Transport
(Compliance and Miscellaneous) Act 1983, for
"Secretary" substitute "Head, Transport for
Victoria".
50 Definitions—section 221U
(1) In section 221U of the Transport (Compliance
and Miscellaneous) Act 1983, for the definition
of container weight declaration substitute—
"container weight declaration has the same
meaning as in the Heavy Vehicle National
Law (Victoria);".
(2) In section 221U of the Transport (Compliance
and Miscellaneous) Act 1983, for the definition
of freight container substitute—
"freight container has the same meaning as in the
Heavy Vehicle National Law (Victoria);".
51 Overdimensional vehicles crossing tracks
(1) In section 221X(1) of the Transport
(Compliance and Miscellaneous) Act 1983—
(a) for "without the written permission of the
Public Transport Development Authority"
substitute "except in accordance with a
permit granted by the Roads Corporation
under section 221XA";
(b) for "drive or attempt to drive or convey"
substitute "drive or convey, or attempt to
drive or convey,";
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(c) for paragraph (a) substitute—
"(a) a vehicle of a mass that exceeds a mass
limit that applies to that vehicle under a
mass requirement within the meaning
of the Heavy Vehicle National Law
(Victoria); or";
(d) for paragraph (c)(ii) substitute—
"(ii) rail infrastructure in the vicinity of the
track.".
(2) In section 221X(2) of the Transport
(Compliance and Miscellaneous) Act 1983—
(a) for "without the written permission of the
Public Transport Development Authority"
substitute "except in accordance with a
permit granted by the Roads Corporation
under section 221XA";
(b) for "drive or attempt to drive or convey
across" substitute "drive or convey, or
attempt to drive or convey, across or along";
(c) for paragraph (a) substitute—
"(a) a vehicle of a mass that exceeds a mass
limit that applies to that vehicle under a
mass requirement within the meaning
of the Heavy Vehicle National Law
(Victoria); or";
(d) for paragraph (c) substitute—
"(c) a vehicle that may obstruct, displace or
interfere with—
(i) the track to be driven across or
along; or
(ii) any tram infrastructure in the
vicinity of the track.".
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(3) In section 221X(4) of the Transport
(Compliance and Miscellaneous) Act 1983—
(a) after "If a vehicle" insert "of a mass";
(b) for "for that vehicle under the Road Safety
(Vehicles) Regulations 2009 is driven"
substitute "that applies to that vehicle under
a mass requirement within the meaning of
the Heavy Vehicle National Law (Victoria)
is driven or conveyed";
(c) in paragraph (b), after "across" insert
"or along".
(4) Section 221X(5), (6), (7), (8) and (9) of the
Transport (Compliance and Miscellaneous)
Act 1983 are repealed.
52 New sections 221XA to 221XD inserted
After section 221X of the Transport
(Compliance and Miscellaneous) Act 1983
insert—
"221XA Permit for overdimensional vehicles to
cross tracks
(1) A person may apply to the Roads
Corporation for a permit to drive or convey a
vehicle—
(a) across a railway track for the purposes
of section 221X(1); or
(b) across or along a tramway track for the
purposes of section 221X(2).
(2) An application under subsection (1) must be
accompanied by the fee specified by notice
under section 221ZA for an application of
that kind.
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(3) On receiving an application under
subsection (1), the Roads Corporation may—
(a) grant the application and issue the
permit; or
(b) refuse to grant the application.
(4) The Roads Corporation may impose
conditions on a permit granted under
subsection (3).
221XB Additional charges
(1) If, in the Roads Corporation's opinion, one
or more employees in the Department or
employees of the Roads Corporation must,
in the interests of safety, be present when
the vehicle is driven or conveyed across the
railway track or is driven or conveyed across
or along the tramway track, the Roads
Corporation may, in addition to the fee
referred to in section 221XA(2), impose
any other charge specified by notice under
section 221ZA.
(2) If, in the Roads Corporation's opinion, one
or more employees or agents of Rail Track,
a passenger transport company or a rail
freight operator must, in the interests of
safety, be present when the vehicle is driven
or conveyed across the railway track or is
driven or conveyed across or along the
tramway track, Rail Track, the passenger
transport company or the rail freight operator
may impose a charge specified by notice
under section 221ZA.
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221XC Refunds
(1) The Roads Corporation may—
(a) refund, in whole or in part, any fee
or charge paid under section 221XA
or 221XB; or
(b) waive, in whole or in part, any fee
or charge payable under section 221XA
or 221XB.
(2) Rail Track, a passenger transport company or
a rail freight operator may—
(a) refund, in whole or in part, any charge
paid under section 221XB; or
(b) waive, in whole or in part, any charge
payable under section 221XB.
221XD Offence to fail to comply with permit
conditions
A person must comply with any conditions
imposed by the Roads Corporation on a
permit granted under section 221XA.
Penalty: 20 penalty units.".
53 Operators of overdimensional vehicles crossing
tracks without permission also guilty of offence
(1) In section 221Y(1) of the Transport
(Compliance and Miscellaneous) Act 1983—
(a) after "driven" (where first occurring) insert
"or conveyed";
(b) in paragraph (b), after "across" insert
"or along";
(c) in paragraph (c), for "Public Transport
Development Authority on a permission
under section 221X(1) or (2)" substitute
"Roads Corporation on a permit granted
under section 221XA".
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(2) In section 221Y(3) of the Transport
(Compliance and Miscellaneous) Act 1983—
(a) for "for that vehicle under the Road Safety
(Vehicles) Regulations 2009 is driven"
substitute "that applies to that vehicle under
a mass requirement within the meaning of
the Heavy Vehicle National Law (Victoria) is
driven or conveyed";
(b) in paragraph (b), after "across" insert
"or along".
54 Reasonable steps defence—reliance on container
weight declaration
In section 221Z(2)(b) of the Transport
(Compliance and Miscellaneous) Act 1983,
for "under the Road Safety (Vehicles)
Regulations 2009" substitute "that applies
under a mass requirement within the meaning of
the Heavy Vehicle National Law (Victoria)".
55 Specification of vehicle limits and fees for
overdimensional vehicles crossing tracks
For section 221ZA of the Transport
(Compliance and Miscellaneous) Act 1983
substitute—
"221ZA Specification of vehicle limits and fees for
overdimensional vehicles crossing tracks
(1) The Roads Corporation, by notice published
in the Government Gazette, may specify any
one or more of the following—
(a) subject to subsection (2), the
maximum allowable length, height or
width for a vehicle either by itself or in
combination with any load carried by
it for the purposes of section 221X(1)
or (2);
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(b) the fee payable for the application
for a permit under section 221XA;
(c) any charge imposed under
section 221XB(1) or (2).
(2) The maximum allowable width that may be
specified by notice under this section for the
purposes of section 221X(1) must not be less
than 5 metres.
(3) A fee specified by notice under this section
for an application for a permit under
section 221XA may differ according to
differences in the nature of the application.
(4) A charge specified by notice under this
section for the purposes of section 221XB(1)
or (2) may differ according to differences in
time, place or circumstance.".
56 New Division 14 inserted in Part VIII
At the end of Part VIII of the Transport
(Compliance and Miscellaneous) Act 1983
insert—
'Division 14—Transitional provisions—
Transport Legislation Amendment
(Better Roads Victoria and Other
Amendments) Act 2019
362 Permissions for overdimensional vehicles
(1) On the commencement of section 51 of the
Transport Legislation Amendment (Better
Roads Victoria and Other Amendments)
Act 2019, a written permission granted by
the Public Transport Development Authority
under section 221X(1) or (2) is taken to be a
permit granted by the Roads Corporation
under section 221XA for the purposes of
Division 4AAA of Part VII.
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(2) A written permission that is taken to be a
permit under subsection (1) is subject to
any conditions to which the permission
was subject immediately before the
commencement day and those conditions
are taken to be conditions imposed under
section 221XA(4).
363 Fees and further charges
(1) On the commencement of section 55 of the
Transport Legislation Amendment (Better
Roads Victoria and Other Amendments)
Act 2019, the relevant fees notice is taken to
be a notice published under section 221ZA
(as substituted by section 55 of the
Transport Legislation Amendment (Better
Roads Victoria and Other Amendments)
Act 2019) and for that purpose—
(a) the reference in paragraph 1 of the
relevant fees notice to granting a
permission is taken to be a reference
to the granting of a permit; and
(b) the reference in paragraph 2 of the
relevant fees notice to section 221X(8)
is taken to be a reference to
section 221XB(2); and
(c) the reference in paragraph 3 of the
relevant fees notice to section 221X(8)
is taken to be a reference to
section 221XB(1); and
(d) the reference in paragraph 3 of the
relevant fees notice to Department
employees is taken to be a reference
to employees in the Department or
employees of the Roads Corporation.
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(2) The notice to which subsection (1) applies
expires on the first anniversary of the
commencement of this section unless it is
sooner revoked.
(3) In this section—
relevant fees notice means the notice made
under section 221ZA (as in force
immediately before the commencement
of section 55 of the Transport
Legislation Amendment (Better
Roads Victoria and Other
Amendments) Act 2019) with the title
"Specification of Vehicle Fees for
Overdimensional Vehicles Crossing
Tracks", published in the Government
Gazette on 21 December 2006.'.
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Part 6—Repeal of amending Act
57 Repeal of amending Act
This Act is repealed on 1 December 2020.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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Endnotes
Transport Legislation Amendment (Better Roads Victoria and Other
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 5 February 2019
Legislative Council: 7 March 2019
The long title for the Bill for this Act was "A Bill for an Act to amend the
Business Franchise (Petroleum Products) Act 1979, the Commercial
Passenger Vehicle Industry Act 2017, the Heavy Vehicle National
Law Application Act 2013, the Major Transport Projects Facilitation
Act 2009, the Road Safety Act 1986, the Transport (Compliance and
Miscellaneous) Act 1983, the Transport Integration Act 2010, to make
consequential amendments to other Acts and for other purposes."
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