Transport Legislation (Amendment) Act 2004

Victorian Legislation and Parliamentary Documents i Transport Legislation (Amendment) Act 2004 Act No. 110/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY MATTERS 1 1. Purpose 1 2. Commencement 4 PART 2—AMENDMENTS TO THE CHATTEL SECURITIES ACT 1987 5 3. Reporting of discharge etc. of registered security interest 5 PART 3—AMENDMENTS TO THE MELBOURNE CITY LINK ACT 1995 6 4. Publication of agreements 6 5. Evidence of agreements 6 6. Agreement as evidence 6 7. Amendment consequent to the Road Management Act 2004 6 8. Fixing of tolls 6 9. Liability to pay toll and toll administration fees 8 10. Insertion of sections 72A and 72B 9 72A. Exemptions from toll administration fee 9 72B. Charge of toll 9 11. Further changes concerning tolls 10 12. Offences detected by prescribed tolling devices 12 13. New section 87A inserted 12 87A. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone 12 14. Disclosure and use of information to and by the police 14 15. VicRoads may disclose certain information to a relevant corporation 14 16. New section 122 inserted 15 122. Transitional provision—Transport Legislation (Amendment) Act 2004 15 -- 1 of 161 -- Victorian Legislation and Parliamentary Documents Section Page ii PART 4—AMENDMENT OF POLICE REGULATION ACT 1958 16 17. New Part VIB inserted 16 PART VIB—DISCLOSURE OF VEHICLE ACCIDENT INFORMATION 16 118L. Definitions 16 118M. Declaration of non-Victorian statutory insurance scheme laws and persons as statutory scheme insurers 21 118N. Certain persons may request vehicle accident information from police 21 118O. Form and content of application for vehicle accident information 22 118P. Disclosure of vehicle accident information 23 118Q. Disclosure or use of vehicle accident information for a purpose other than an authorised purpose prohibited 24 18. Vehicle accident information may be disclosed to certain persons by police 24 PART 5—AMENDMENT TO THE RAIL CORPORATIONS ACT 1996 25 19. What determinations may deal with 25 PART 6—AMENDMENTS TO THE ROAD MANAGEMENT ACT 2004 26 20. Widening of regulation-making powers 26 21. Additional power for VicRoads 26 PART 7—AMENDMENTS TO THE ROAD SAFETY ACT 1986 28 22. Definitions 28 23. Different provision may be made on the basis of age in granting licences 39 24. Cancellation, suspension or variation of licences and permits by Corporation 40 25. Demerits Register 40 26. Demerits Register 41 27. Section 26 substituted and new section 26AA inserted 41 26. Appeal to Magistrates' Court 41 26AA. Appeal to Magistrates' Court—demerit points 43 28. Power of court to cancel, suspend or vary licences and permits 44 29. Appeal to County Court 45 30. Insertion of section 30A 45 30A. Court may extend suspension or disqualification period even if offence not committed 45 31. Alcohol interlocks 46 32. Offences detected by a photographic detection service 48 -- 2 of 161 -- Victorian Legislation and Parliamentary Documents Section Page iii 33. New section 67 inserted 48 67. Extension of time if no actual notice for certain traffic infringements 48 34. Insertion of sections 77A and 77B 51 77A. Extension of time limit for certain prosecutions 51 77B. Special defence for drivers of heavy vehicles 51 35. Parking infringements 52 36. Extension of time to object if no actual notice 52 37. Insertion of sections 93A and 93B 52 93A. Guidelines for industry codes of practice 52 93B. Registration of industry codes of practice 53 38. New section 103H inserted 54 103H. Transitional provision—sections 27 and 33 of the Transport Legislation (Amendment) Act 2004 54 39. Insertion of section 103I 54 103I. Application of amendments made by section 41 of the Transport Legislation (Amendment) Act 2004 54 40. Repeal of transferred definitions 55 41. Insertion of Parts 10 and 11 55 PART 10—PROVISIONS CONCERNING BREACHES OF MASS, DIMENSION AND LOAD RESTRAINT LIMITS AND REQUIREMENTS 55 Division 1—Preliminary Matters 55 150. Reference to vehicle includes loads and attached vehicles 55 151. Statement that mistake of fact defence does not apply not to affect other offences 56 Division 2—Categorisation of Breaches 56 152. Purpose of this Division 56 153. Mass limits 56 154. Width limit 58 155. Length limit 58 156. Height limit 59 157. Load restraint requirement 59 158. Upgrading of categorisation in certain circumstances 60 Division 3—Enforcement Powers Concerning Mass, Dimension or Load Restraint Breaches 61 159. Application of this Division 61 160. Meaning of "rectify a breach" 62 161. Reference to single offence includes multiple offences 62 162. Rectification of minor risk breaches 62 163. Rectification of substantial or severe risk breaches 64 164. Further provision concerning rectification places 65 -- 3 of 161 -- Victorian Legislation and Parliamentary Documents Section Page iv 165. General provisions concerning directions and authorisations 66 166. Conditions 66 167. Operation of directions in relation to a group of vehicles 66 168. Person must comply with a direction and conditions 67 169. Application of Division in relation to other directions 67 170. Amendment or revocation of directions or conditions 68 Division 4—Responsibility for Breaches of Mass, Dimension and Load Restraint Limits and Requirements 68 171. Liability of consignor 68 172. Liability of packer 70 173. Liability of loader 71 174. Liability of operator 72 175. Liability of driver 73 176. Liability of consignee 73 177. Multiple offenders 75 178. Penalties applying to offences under this Division and exclusion of double jeopardy 76 Division 5—Provisions Concerning Defences 77 179. Reasonable steps defence 77 180. Reasonable steps defence—reliance on container weight declaration 80 181. Exclusion of mistake of fact defence 81 Division 6—Container Weight Declarations 82 182. Consignor for the purposes of this Division 82 183. Container weight declarations 82 184. Duty of consignor 83 185. Duty of operator 84 186. Duty of driver 85 187. Liability of consignee—knowledge of matters relating to container weight declaration 86 Division 7—Sentencing Considerations for Mass, Dimension or Load Restraint Breaches 87 188. Matters to be taken into consideration by courts 87 Division 8—Other Matters 89 189. Offence to provide false or misleading transport or journey documentation 89 190. Other powers not affected 90 191. Contracting out prohibited 90 -- 4 of 161 -- Victorian Legislation and Parliamentary Documents Section Page v PART 11—ADDITIONAL PROVISIONS CONCERNING BREACHES OF MASS, DIMENSION AND LOAD RESTRAINT LIMITS AND REQUIREMENTS BY HEAVY VEHICLES 91 Division 1—Preliminary Matters 91 192. This Part only applies to relevant heavy vehicle offences 91 193. Definitions 91 194. Meaning of "associate" 92 195. Meaning of "operator" 93 Division 2—Additional Offences 93 196. Victimisation of employee or contractor assisting with, or reporting, offences 93 197. Other false or misleading statements 97 198. False or misleading information provided to a responsible person 98 Division 3—Vicarious Responsibility for Offences 100 199. Vicarious responsibility for officers and employees 100 200. Liability of directors, partners, employers and others 100 201. Liability of registered operators 102 202. Double jeopardy not to occur 104 Division 4—Additional Powers of Courts 104 203. Court may impose period of disqualification from registration 104 204. Commercial benefits penalty orders 105 205. Supervisory intervention orders 107 206. Contravention of supervisory intervention order 110 207. Prohibition orders 110 208. Contravention of prohibition order 112 Division 5—Improvement Notices 112 209. Improvement notices 112 210. Amendment of improvement notices 114 211. Cancellation of improvement notices 115 212. Appeals against notices 115 Division 6—Recognition of Certain Non-Victorian Matters 116 213. Effect of administrative actions of authorities of other jurisdictions 116 214. Effect of court orders of other jurisdictions 118 -- 5 of 161 -- Victorian Legislation and Parliamentary Documents Section Page vi Division 7—Defences 119 215. Sudden or extraordinary emergency 119 216. Lawful authority 119 217. Special defence for owners or operators 119 218. Other defences 120 Division 8—Evidentiary Matters 120 219. Imputation of state of mind of consignee body corporate, employer etc. 120 220. Evidence regarding manufacturer's ratings 121 221. Transport documentation and journey documentation 122 222. Evidence of facts relevant to prosecutions 123 42. Minor amendments 124 43. Regulations concerning pilot vehicle drivers 124 PART 8—AMENDMENTS TO THE ROAD SAFETY (DRUG DRIVING) ACT 2003 125 44. Statute law revision 125 PART 9—AMENDMENTS TO THE SENTENCING ACT 1991 126 45. Alcohol interlocks 126 PART 10—AMENDMENTS TO THE TRANSPORT ACT 1983 127 46. Insertion of sections 115A–115C 127 115A. Accreditation following direction 127 115B. Secretary may give directions concerning arrangements between manager and intending operator 127 115C. Secretary not liable for certain acts or omissions under section 115B 129 47. Review by Tribunal 129 48. Circumstances in which interstate commercial passenger vehicle may operate on highways 130 49. Transfers of licences 131 50. Assignments 132 51. Regulation-making powers—trading in taxi-cab licences 133 52. Other conditions of tow truck licences 135 53. Insertion of Division 10 into Part VI 136 Division 10—Events Affecting Public Transport 136 192. Meaning of "event" and "organiser" 136 193. Events to which this Division applies 136 194. Meaning of "regular public transport service" 137 195. Organiser must give notice of proposed event 137 -- 6 of 161 -- Victorian Legislation and Parliamentary Documents Section Page vii 196. Director may ask that a public transport plan be submitted 138 197. Public transport plans 138 198. Preparation of public transport plans 139 199. By when public transport plans to be submitted 140 200. Director may impose fee 140 201. Alternative arrangements if time limited 141 202. Director may waive or reduce time limits 142 203. Approval of public transport plans 142 204. Consequences of a failure to comply with this Division 142 54. Police may also weigh vehicles 144 55. Clarification of ticket inspection provision 144 PART 11—AMENDMENTS TO THE TRANSPORT (RIGHTS AND RESPONSIBILITIES) ACT 2003 145 56. Extension of commencement date of amendment in Transport (Rights and Responsibilities) Act 2003 145 57. Minor amendments 145 PART 12—AMENDMENTS TO THE PORT SERVICES ACT 1995 146 58. Definitions 146 59. Reserved land 146 60. Insertion of new sections 65 and 66 146 65. Station Pier land deemed to be reserved land 146 66. Powers of Port of Melbourne Corporation in relation to reserved Crown land 147 61. Insertion of new Part 17 148 PART 17—STATION PIER—SAVINGS AND TRANSITIONAL 148 185. Definitions 148 186. Savings and transitional provisions for Station Pier 148 187. Transfer of property etc. from old body to Port of Melbourne Corporation 150 62. Further amendments to the Port Services Act 1995 151 __________________ SCHEDULE 152 ═══════════════ ENDNOTES 154 -- 7 of 161 -- Victorian Legislation and Parliamentary Documents 1 Transport Legislation (Amendment) Act 2004† [Assented to 21 December 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY MATTERS 1. Purpose The purpose of this Act is to amend— (a) the Chattel Securities Act 1987 to reduce the period in which the discharge or extinguishment of a registered security interest must be reported; and Victoria No. 110 of 2004 -- 8 of 161 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Matters Transport Legislation (Amendment) Act 2004 Act No. 110/2004 2 (b) the Melbourne City Link Act 1995 to make various changes concerning tolling and tolling enforcement and various minor amendments in relation to agreements; and (c) the Police Regulation Act 1958 to allow police to disclose vehicle accident information in certain cases; and (d) the Rail Corporations Act 1996 to restrict what a determination concerning access to a rail transport service may contain; and (e) the Road Management Act 2004 to enable VicRoads to sell the land from discontinued roads; and (f) the Road Safety Act 1986— (i) to authorise shorter driver licence periods for people who are 75 years of age or older; and (ii) to require that an alcohol interlock condition be imposed for a longer period in certain cases; and (iii) to make special provision in relation to breaches of mass, dimension and load restraint limits and requirements, in particular where those breaches involve heavy vehicles; and (iv) to enable the certification of pilot vehicle drivers; and (v) to otherwise improve the operation of that Act; and (g) the Road Safety (Drug Driving) Act 2003 to make some statute law revision amendments; and s. 1 -- 9 of 161 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Matters Transport Legislation (Amendment) Act 2004 Act No. 110/2004 3 (h) the Sentencing Act 1991 to require that an alcohol interlock condition be imposed for a longer period in certain cases; and (i) the Transport Act 1983— (i) to enable deadlocks in relation to proposed agreements between the operators of rail infrastructure and the proposed operators of rolling stock to be resolved; and (ii) to enable interstate commercial passenger vehicles to operate in Victoria in certain circumstances; and (iii) to require the licensing authority to be satisfied of certain matters in relation to certain dealings for or in connection with the transfer of a taxi-cab licence or the assignment of rights to operate a vehicle under a taxi-cab licence before authorising the transfer of the licence or assignment of the right; and (iv) to clarify the scope of the regulation making powers relating to trading in taxi-cab licences; and (v) to require the organisers of events that may have an impact on public transport to prepare appropriate plans; and (vi) to otherwise improve the operation of that Act; and (j) the Transport (Rights and Responsibilities) Act 2003 in minor respects; and (k) the Port Services Act 1995 to make further provision for Crown land reserves forming part of the port of Melbourne. s. 1 -- 10 of 161 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Matters Transport Legislation (Amendment) Act 2004 Act No. 110/2004 4 2. Commencement (1) This Act (other than sections 8 to 13, 15, 16, 24, 26, 27, 29, 32, 33, 36, 38, 39, 41, 44 and 53 and Part 12) comes into operation on the day after the day on which it receives the Royal Assent. (2) Sections 8 to 11 and 15 come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 July 2005, it comes into operation on that day. (4) Sections 12, 13, 16, 24, 26, 27, 29, 32, 33, 36 and 38 come into operation on 1 February 2005. (5) Sections 39 and 41 come into operation on a day to be proclaimed. (6) If a provision referred to in sub-section (5) does not come into operation before 30 September 2005, it comes into operation on that day. (7) Section 44(1) is deemed to have come into operation on 16 June 2004. (8) Section 44(2) is deemed to have come into operation on 9 December 2003. (9) Section 53 comes into operation on a day to be proclaimed. (10) If section 53 does not come into operation before 1 January 2006, it comes into operation on that day. (11) Part 12 comes into operation on a day to be proclaimed. (12) If Part 12 does not come into operation before 1 December 2005, it comes into operation on that day. __________________ s. 2 -- 11 of 161 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Chattel Securities Act 1987 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 5 PART 2—AMENDMENTS TO THE CHATTEL SECURITIES ACT 1987 3. Reporting of discharge etc. of registered security interest (1) In section 19 of the Chattel Securities Act 1987— (a) for "fourteen days" substitute "7 days"; (b) at the foot of the section insert— "Penalty: 5 penalty units.". (2) At the end of section 19 of the Chattel Securities Act 1987 insert— "(2) If a registered security interest is to be discharged or extinguished by a payment made by cheque or a credit facility, for the purposes of this section the discharge or extinguishment only occurs when the cheque is honoured or the person to whom the credit payment is made receives the amount of the payment in a form that the person can use.". __________________ See: Act No. 15/1987. Reprint No. 2 as at 1 July 1999 and amending Act Nos 99/2000, 44/2001 and 99/2001. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 12 of 161 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to the Melbourne City Link Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 6 PART 3—AMENDMENTS TO THE MELBOURNE CITY LINK ACT 1995 4. Publication of agreements In section 18A(1) of the Melbourne City Link Act 1995, for "with any reprint of this Act" substitute "at the same time that this Act is reprinted". 5. Evidence of agreements For section 18A(2) of the Melbourne City Link Act 1995 substitute— "(2) A document purporting to be printed by the Government Printer and to be a copy of a reprint of an agreement made in accordance with sub-section (1) is, on the mere production of the document, admissible as evidence of the agreement before all courts or persons acting judicially within Victoria.". 6. Agreement as evidence In section 18B(1) of the Melbourne City Link Act 1995, for "of the agreement" substitute "of the exhibit or variation (as the case may be)". 7. Amendment consequent to the Road Management Act 2004 In sections 62(2)(b) and 93I(2) the Melbourne City Link Act 1995, for "a State highway" (wherever occurring) substitute "an arterial road". 8. Fixing of tolls (1) In the Melbourne City Link Act 1995— (a) in section 69— (i) insert the following heading— "Definitions"; See: Act No. 107/1995. Reprint No. 5 as at 31 December 2002 and amending Act Nos 59/2003, 94/2003, 12/2004 and 49/2004. LawToday: www.dms. dpc.vic. gov.au s. 4 -- 13 of 161 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to the Melbourne City Link Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 7 (ii) in the definition of "tollway billing arrangement", after "tollway operator" insert "(or an agent of a tollway operator)"; (b) in section 70— (i) insert the following heading— "Relevant corporation may fix, charge and collect tolls and toll administration fees"; (ii) in sub-section (1), after "in a toll zone" insert "and toll administration fees". (2) After section 71(1) of the Melbourne City Link Act 1995 insert— "(1A) If the Agreement or the Extension Agreement (as the case requires) expressly provides for the fixing of a toll administration fee under this sub-section, the relevant corporation, in accordance with this Act and the Agreement or the Extension Agreement (as the case requires), may, by notice published in the Government Gazette, fix toll administration fees that are payable to it and specify the circumstances in which they are payable.". (3) After section 71(2) of the Melbourne City Link Act 1995 insert— "(2A) A notice under sub-section (1A) may specify different toll administration fees in respect of different cases or classes of cases including different zones or groups of zones, different classes of vehicles and different toll payment methods or any combination of these.". s. 8 -- 14 of 161 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to the Melbourne City Link Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 8 (4) In section 71 of the Melbourne City Link Act 1995— (a) insert the following heading— "Fixing of tolls and toll administration fees"; (b) in sub-sections (3) and (4), after "sub-section (1)" insert "or (1A)"; (c) in sub-section (4)— (i) omit "or for the recovery of the amount of a toll"; (ii) after "the toll" insert "or toll administration fee". 9. Liability to pay toll and toll administration fees (1) In section 72 of the Melbourne City Link Act 1995, insert the following heading— "Liability to pay toll and toll administration fees". (2) For section 72(1) of the Melbourne City Link Act 1995 substitute— "(1) Subject to this Part, a person who is the driver of a vehicle used in a toll zone is liable to pay to the relevant corporation— (a) the toll charged by the relevant corporation for that use; and (b) the relevant toll administration fee charged by the relevant corporation.". (3) In section 72(4) of the Melbourne City Link Act 1995, after "the statement" (wherever occurring) insert "or declaration". s. 9 -- 15 of 161 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to the Melbourne City Link Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 9 10. Insertion of sections 72A and 72B After section 72 of the Melbourne City Link Act 1995 insert— "72A. Exemptions from toll administration fee Despite section 72, a toll administration fee is not payable in respect of a vehicle— (a) that is registered with the relevant corporation; or (b) that under the regulations is exempt from the payment of tolls; or (c) that is used in a toll zone in accordance with a tollway billing arrangement. 72B. Charge of toll (1) A relevant corporation may demand payment of a toll for the use of a vehicle in a toll zone and any relevant toll administration fee from— (a) the owner of the vehicle; and (b) the person named as the driver of the vehicle at the time of the trip in a sworn statement or statutory declaration supplied to the relevant corporation under section 72(3). (2) A demand— (a) must be in writing; and (b) must identify separately each use for which a toll or toll administration fee is payable.". s. 10 -- 16 of 161 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to the Melbourne City Link Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 10 11. Further changes concerning tolls (1) After section 73(3) of the Melbourne City Link Act 1995 insert— "(3A) In a proceeding for an offence against sub- section (1), it is a defence to the charge for the driver to prove— (a) that he or she received, or was issued, an invoice in respect of the trip that is the subject of the charge; and (b) that the invoice was paid in full (even though it may also have related to trips other than the trip that is the subject of the charge) in any manner, and within the time, permitted by the invoice.". (2) After section 73(7) of the Melbourne City Link Act 1995 insert— "(8) On a person being found guilty of an offence under sub-section (1), any debt that arose under section 72 as a result of the person driving in the toll zone on the day of the offence in the vehicle that was the subject of the offence is extinguished.". (3) In section 77(1) of the Melbourne City Link Act 1995, for all words and expressions after "the relevant corporation or authorised person" substitute— "may do any or all of the following at any time— (a) send a request for payment of the toll and toll administration fee payable in respect of the use of the vehicle in the toll zone to any person who appears to be liable to pay the toll and fee; or s. 11 -- 17 of 161 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to the Melbourne City Link Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 11 (b) notify the enforcement agency of that belief and request the enforcement agency— (i) to send a request for payment of the toll and toll administration fee payable in respect of the use of the vehicle in the toll zone to any person who appears to be liable to pay the toll and fee; or (ii) to serve an infringement notice under this Part on the owner of the vehicle involved in the offence or, if a sworn statement or statutory declaration has been supplied to the relevant corporation under section 72(3) in respect of that use, on the person named in the statement or declaration as the driver of the vehicle at the time of the use; or (iii) to commence proceedings in respect of that offence under this Part.". (4) In section 78(1) of the Melbourne City Link Act 1995— (a) after "payment of the toll" insert "and toll administration fee"; (b) after "liable to pay the toll" insert "and fee". (5) For section 82(1) of the Melbourne City Link Act 1995 substitute— "(1) The penalty for an offence for which an infringement notice is issued under section 80 is $100.". (6) Section 82(3) of the Melbourne City Link Act 1995 is repealed. s. 11 -- 18 of 161 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to the Melbourne City Link Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 12 (7) In section 84(1) of the Melbourne City Link Act 1995— (a) in paragraph (b), for "offence." substitute "offence; and"; (b) after paragraph (b) insert— "(c) any debt that arose under section 72 as a result of the person driving in the toll zone on the day of the offence in the vehicle that was the subject of the offence is extinguished.". 12. Offences detected by prescribed tolling devices At the end of section 87 of the Melbourne City Link Act 1995 insert— "(7) For the avoidance of doubt, the owner of a vehicle who, by virtue of sub-section (1), is taken to be guilty of an offence is liable to the same penalties and subject to the same consequences to which he or she would have been liable and subject had he or she been the actual driver at the time of the occurrence of the offence.". Note: This section comes into operation on 1 February 2005— see section 2(4). 13. New section 87A inserted After section 87 of the Melbourne City Link Act 1995 insert— "87A. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone (1) If an infringement notice for an offence against section 73(1) is not served by delivering it personally to the person to whom it was issued, and that person is not in fact aware that it had been issued, the person may, within 14 days after becoming aware of s. 12 -- 19 of 161 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to the Melbourne City Link Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 13 it, apply in accordance with the regulations to the Magistrates' Court to have an extension of time of 28 days to deal with the notice in accordance with this section. (2) The court may only grant an extension of time if it is satisfied that the person was not in fact aware, more than 14 days before making an application under sub-section (1), that the infringement notice had been issued. (3) If the court grants an extension of time— (a) any reference in sections 87(3) and 83(1) to a 28 day period must be read as a reference to the extended period; and (b) if the appropriate amount specified in the infringement notice as penalty for the infringement has been paid before the extension of time was granted, the amount so paid must be refunded; and (c) any of the procedures set out in Schedule 7 to the Magistrates' Court Act 1989 that are being used for the enforcement of the amount specified in the infringement notice as payable in respect of the offence for which the notice was issued must be discontinued and any warrant issued under that Schedule ceases to have effect; and (d) a reference in section 85(1) to the expiration of the period specified in the notice must be read as a reference to the expiration of the extended time. s. 13 -- 20 of 161 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to the Melbourne City Link Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 14 (4) Despite anything to the contrary in section 83(2A), an application for a withdrawal of an infringement notice under section 83(1) may be made even though the infringement penalty has been registered under Schedule 7 to the Magistrates' Court Act 1989.". Note: This section comes into operation on 1 February 2005— see section 2(4). 14. Disclosure and use of information to and by the police In section 90B(1) of the Melbourne City Link Act 1995, in the definition of "relevant road safety law", after paragraph (d) insert— "(da) regulation 801 of the Road Safety (Vehicles) Regulations 1999; or". 15. VicRoads may disclose certain information to a relevant corporation (1) In section 91(1) of the Melbourne City Link Act 1995— (a) after paragraph (a) insert— "(aa) to a relevant corporation for the purposes of section 72B or 77(1)(a); or"; (b) in paragraph (b), after "relevant person" insert ", relevant corporation". (2) In section 91(2) of the Melbourne City Link Act 1995, after "disclose the information" insert "under sub-section (1)(a) or (1)(b)". (3) After section 91(2) of the Melbourne City Link Act 1995 insert— "(3) Sections 92(4), 92(5), 92(6) and 92(7) of the Road Safety Act 1986 apply to a disclosure under sub-section (1)(aa) as if it were a disclosure under section 92 of that Act.". s. 14 -- 21 of 161 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to the Melbourne City Link Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 15 16. New section 122 inserted After section 121 of the Melbourne City Link Act 1995 insert— "122. Transitional provision—Transport Legislation (Amendment) Act 2004 Section 87A inserted by section 13 of the Transport Legislation (Amendment) Act 2004 applies to any infringement notice irrespective of whether or not it was issued before on or after the commencement of that section 13.". Note: This section comes into operation on 1 February 2005— see section 2(4). __________________ s. 16 -- 22 of 161 -- Victorian Legislation and Parliamentary Documents Part 4—Amendment of Police Regulation Act 1958 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 16 PART 4—AMENDMENT OF POLICE REGULATION ACT 1958 17. New Part VIB inserted After Part VIA of the Police Regulation Act 1958 insert— 'PART VIB—DISCLOSURE OF VEHICLE ACCIDENT INFORMATION 118L. Definitions In this Part— "authorised purpose" means, in relation to the disclosure or use of vehicle accident information relating to a vehicle accident, any one or more of the following purposes— (a) to obtain legal advice in relation to the vehicle accident; or (b) to recover any loss or damage incurred or suffered, or costs incurred, as a result of the vehicle accident, whether by way of legal proceedings or otherwise; or (c) to assess and determine a claim under a contract of insurance made in relation to— (i) the death or injury of a person as a result of the vehicle accident; or (ii) the damage to, or destruction of, property as a result of the vehicle accident; or See: Act No. 6338. Reprint No. 9 as at 1 January 2003 and amending Act Nos 52/2003, 10/2004, 32/2004, 63/2004 and 79/2004. LawToday: www.dms. dpc.vic. gov.au s. 17 -- 23 of 161 -- Victorian Legislation and Parliamentary Documents Part 4—Amendment of Police Regulation Act 1958 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 17 (d) to assess and determine a claim for compensation under a statutory insurance scheme law in respect of the death of or injury to a person as a result of the vehicle accident; or (e) to investigate the vehicle accident for a purpose set out in paragraph (a), (b), (c) or (d); "authorised representative" means— (a) a relevant insurer; or (b) a person authorised, in writing, by a person referred to in section 118N(1)(a) to (c) to request vehicle accident information on that person's behalf in accordance with that section; "injury" means personal or bodily injury and includes psychological or psychiatric injury; "non-Victorian statutory insurance scheme law" means a law of another State or a Territory or the Commonwealth declared under section 118M to be a non-Victorian statutory insurance scheme law; "personal representative", in relation to a person who dies or is injured, or whose property has been damaged or destroyed, as a result of a vehicle accident, means— s. 17 -- 24 of 161 -- Victorian Legislation and Parliamentary Documents Part 4—Amendment of Police Regulation Act 1958 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 18 (a) if the person is a child, the parent or guardian of the child; (b) if the person is a person with a disability and an administrator or guardian has been appointed under the Guardianship and Administration Act 1986 in respect of that person, that administrator or guardian; (c) if the person does not have legal capacity and the person has appointed an attorney under an enduring power of attorney, that attorney; (d) if the person dies as a result of the vehicle accident, the administrator or executor of that person's estate; "registered operator" has the same meaning as in the Road Safety Act 1986; "relevant insurer" means— (a) statutory scheme insurer if that insurer must assess and determine a claim for compensation by a person referred to in section 118N(1)(a) or (b), or the personal representative of a person who dies or is injured as a result of a vehicle accident, under a statutory insurance scheme law; (b) an insurer against whom a claim has been made under a contract of insurance by a person referred to in section 118N(1)(a) or (b), or the personal representative of a person who dies or is injured as a result s. 17 -- 25 of 161 -- Victorian Legislation and Parliamentary Documents Part 4—Amendment of Police Regulation Act 1958 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 19 of a vehicle accident or whose property is damaged or destroyed as a result of a vehicle accident; "statutory scheme insurer" means— (a) the Victorian WorkCover Authority established under the Accident Compensation Act 1985 or an authorised agent or self-insurer within the meaning of that Act; or (b) the Transport Accident Commission established under the Transport Accident Act 1986; or (c) a person established under a non- Victorian statutory insurance scheme law, or a person who assesses and determines claims for compensation under a non- Victorian statutory insurance scheme law, declared under section 118M to be a statutory scheme insurer; "statutory insurance scheme law" means— (a) the Accident Compensation Act 1985; or (b) the Transport Accident Act 1986; or (c) non-Victorian statutory insurance scheme law; "vehicle" has the same meaning as in the Road Safety Act 1986; s. 17 -- 26 of 161 -- Victorian Legislation and Parliamentary Documents Part 4—Amendment of Police Regulation Act 1958 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 20 "vehicle accident" means an incident involving a vehicle that results in— (a) the death or injury of a person; or (b) damage to, or the destruction of, property; "vehicle accident information" means any of the following information relating to a vehicle accident held by the Chief Commissioner of Police that has been recorded, collected or obtained by a member of the police force in the course of his or her duty— (a) information that identifies— (i) the driver or registered operator or passenger of any vehicle involved in the vehicle accident; (ii) a person who witnessed the vehicle accident; (iii) a person who dies or is injured as a result of the vehicle accident; (b) a statement of— (i) the driver or a passenger of any vehicle involved in the vehicle accident; (ii) a person who witnessed the vehicle accident; (iii) a person injured as a result of the vehicle accident; s. 17 -- 27 of 161 -- Victorian Legislation and Parliamentary Documents Part 4—Amendment of Police Regulation Act 1958 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 21 (c) information that identifies any vehicle involved in the vehicle accident; and (d) the full particulars of the vehicle accident. 118M. Declaration of non-Victorian statutory insurance scheme laws and persons as statutory scheme insurers The Minister, by notice published in the Government Gazette, may for the purpose of this Part declare— (a) a law of another State or a Territory or the Commonwealth to be a non-Victorian statutory scheme law; (b) a person established under a non- Victorian statutory scheme law, or a person who assesses and determines claims for compensation under a non- Victorian statutory scheme law, to be a statutory scheme insurer. 118N. Certain persons may request vehicle accident information from police (1) A person— (a) who is injured as a result of a vehicle accident; or (b) whose property is damaged or destroyed as a result of a vehicle accident; or (c) who is a personal representative of a person who dies or is injured, or whose property is damaged or destroyed, as a result of a vehicle accident; or s. 17 -- 28 of 161 -- Victorian Legislation and Parliamentary Documents Part 4—Amendment of Police Regulation Act 1958 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 22 (d) who is an authorised representative of a person referred to in paragraph (a) or (b), or a personal representative referred to in paragraph (c)— may request from a member of the force, or a person employed in the office of the Chief Commissioner, vehicle accident information relating to the accident. (2) A request may only be for an authorised purpose. (3) A request must be in accordance with section 118O. 118O. Form and content of application for vehicle accident information (1) Every request under section 118N must be in writing. (2) A request from a person (other than an authorised representative) must also be accompanied by— (a) if the person is a natural person— (i) a statutory declaration by that person stating that the person is a person to whom section 118N(1) applies and the purpose of that person's request; and (ii) proof, to the satisfaction of the Chief Commissioner, of the identity of that person; or (b) if the person is not a natural person, a statutory declaration by an officer or employee of that person stating that the person is a person to whom section 118N(1) applies and the purpose of that person's request. s. 17 -- 29 of 161 -- Victorian Legislation and Parliamentary Documents Part 4—Amendment of Police Regulation Act 1958 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 23 (3) A request from an authorised representative must also be accompanied by the relevant written authority (if required) and— (a) if the authorised representative is a natural person, a statutory declaration by that person stating the purpose of their request for vehicle accident information; or (b) if the authorised representative is not a natural person, a statutory declaration by an officer or employee of that person stating the purpose of their request for vehicle accident information. (4) A request from a person who is a personal representative must also be accompanied by proof, to the satisfaction of the Chief Commissioner, that the person is a personal representative for the purposes of this Part. 118P. Disclosure of vehicle accident information On receipt of a request under section 118N, a member of the force, or a person employed in the office of the Chief Commissioner, may disclose vehicle accident information to the person requesting the information under that section if the member or person is satisfied that the requirements set out in section 118O have been met. s. 17 -- 30 of 161 -- Victorian Legislation and Parliamentary Documents Part 4—Amendment of Police Regulation Act 1958 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 24 118Q. Disclosure or use of vehicle accident information for a purpose other than an authorised purpose prohibited (1) A person referred to in section 118N(1)(a) to (d) must not disclose or use vehicle accident information disclosed to that person by a member of the force, or a person employed in the office of the Chief Commissioner, except for an authorised purpose. Penalty: 60 penalty units. (2) A person who obtains vehicle accident information from a person referred to in section 118N(1)(a) to (d) must not disclose or use vehicle accident information except for an authorised purpose. Penalty: 60 penalty units.'. 18. Vehicle accident information may be disclosed to certain persons by police After section 127A(1C) of the Police Regulation Act 1958 insert— '(1D) Sub-section (1) does not prevent a member of the force from disclosing vehicle accident information in accordance with Part VIB. (1E) In sub-section (1D) "vehicle accident information" has the same meaning as in section 118L.'. __________________ s. 18 -- 31 of 161 -- Victorian Legislation and Parliamentary Documents Part 5—Amendment to the Rail Corporations Act 1996 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 25 PART 5—AMENDMENT TO THE RAIL CORPORATIONS ACT 1996 19. What determinations may deal with After section 38G(2) of the Rail Corporations Act 1996 insert— "(3) A determination may not, without the written consent of the Secretary, interfere with the effect of a direction of the Secretary made under section 115B of the Transport Act 1983.". __________________ See: Act No. 79/1996. Reprint No. 3 as at 15 July 2003 and amending Act Nos 73/2003, 12/2004 and 49/2004. LawToday: www.dms. dpc.vic. gov.au s. 19 -- 32 of 161 -- Victorian Legislation and Parliamentary Documents Part 6—Amendments to the Road Management Act 2004 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 26 PART 6—AMENDMENTS TO THE ROAD MANAGEMENT ACT 2004 20. Widening of regulation-making powers In section 132(2) of the Road Management Act 2004— (a) for paragraph (g) substitute— "(g) regulating the conduct of anyone in or on any land or premises, or vehicle, owned or under the control of a road authority, or on a public road or in a construction zone;"; (b) in paragraph (h), after "road reserve," insert "construction zone,"; (c) in paragraph (k), after "roads" insert ", construction zones"; (d) in paragraph (w), for "infringement." substitute "infringement;"; (e) after paragraph (w) insert— "(x) conferring a right of appeal or review to a specified court or tribunal against any decision of a road authority under the regulations and prescribing the procedures to be followed in relation to those appeals or reviews.". 21. Additional power for VicRoads In Schedule 5 to the Road Management Act 2004, after clause 14 insert— "15. VicRoads may sell land if road or part of road discontinued (1) If VicRoads has discontinued the use of a road or part of a road, it may in accordance with this clause sell the land on which the road or part of the road was located, unless the land is administered under the See: Act No. 12/2004. Reprint No. 1 as at 1 July 2004 and amending Act No. 39/2004. LawToday: www.dms. dpc.vic. gov.au s. 20 -- 33 of 161 -- Victorian Legislation and Parliamentary Documents Part 6—Amendments to the Road Management Act 2004 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 27 Alpine Resorts (Management) Act 1997, the Crown Land (Reserves) Act 1978, the National Parks Act 1975 or the Forests Act 1958. (2) The provisions of sections 207B to 207E and Schedule 10 of the Local Government Act 1989, so far as they are applicable and with any necessary alterations, modifications and substitutions, extend and apply to the road or part of the road so discontinued.". __________________ s. 21 -- 34 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 28 PART 7—AMENDMENTS TO THE ROAD SAFETY ACT 1986 22. Definitions (1) In section 3(1) of the Road Safety Act 1986 insert the following definitions— ' "approved road transport compliance scheme" means a scheme, agreement or arrangement that— (a) is prescribed by the regulations; or (b) is identified by, or is of a class identified by, the regulations— and that makes provision for compliance with a road or transport law or a non- Victorian road or transport law; Example A scheme, agreement or arrangement that provides for a system of accreditation-based compliance or for a system involving the use of an intelligent transport system. "associate" has the meaning set out in section 194; "Australian road or transport law" means a road or transport law or a non-Victorian road or transport law; "Australian road or transport law offence" means an offence against an Australian road or transport law; "authorised officer" means a person authorised in writing by the Corporation or the Secretary under section 112; See: Act No. 127/1986. Reprint No. 8 as at 1 July 2004 and amending Act Nos 19/1991, 94/2003, 111/2003 (as amended by No. 49/2004), 12/2004 and 47/2004. LawToday: www.dms. dpc.vic. gov.au s. 22 -- 35 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 29 "body corporate" includes the Crown in any capacity and any body or entity that is not an individual; "consignee" has the meaning set out in section 176; "consignor" has the meaning set out in section 171; "container weight declaration" has the meaning set out in section 183, and includes a copy of such a declaration; "corresponding Authority" means any body outside Victoria that has any functions in relation to roads, vehicles or transport that correspond with any of the functions of the Corporation; "drive" includes to be in control of a vehicle; "driver" of a vehicle includes— (a) a two-up driver of the vehicle who is present in or near the vehicle; and (b) a person who is driving the vehicle as a driver under instruction or under an appropriate learner permit; "driver base" has the meaning set out in section 108; "engage in conduct" means— (a) do an act; or (b) omit to do an act; "equipment", in relation to a vehicle or combination, includes tools, devices and accessories in or on the vehicle or combination; s. 22 -- 36 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 30 "freight container" means— (a) a re-usable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711.1:2000, Freight containers—Classification, dimensions and ratings, that is designed for repeated use for the transport of goods by one or more modes of transport; or (b) a re-usable container of the same or a similar design and construction to a container referred to in paragraph (a) though of different dimensions; or (c) a container of a kind specified by the regulations for the purposes of this definition— but does not include anything declared by the regulations to be excluded from this definition; "garage address" of a heavy vehicle means— (a) in the case of a vehicle that is normally kept at a depot or base of operations when not in use—the principal depot or base of operations of the vehicle; or (b) in the case of a vehicle that is normally kept on a highway when not in use— (i) where the vehicle has only one registered operator—the home address of the registered operator; or (ii) where the vehicle has more than one registered operator—the home address of the registered operator whose home address is nearest the highway where it is kept; or s. 22 -- 37 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 31 (c) in any other case, the place nominated by the applicant for registration as the place where the vehicle is normally kept; "goods" includes animals (whether dead or alive) and containers (whether empty or not), but does not include people or fuel, water, lubricants, tools and other equipment or accessories that are necessary for the normal operation of the vehicle in which they are carried and that are not carried as cargo; "inspector" means an authorised officer or a member of the police force; "intelligent transport system" means a system involving the use of electronic or other technology (whether located in or on a vehicle or elsewhere) that has the capacity to monitor, collect, store, display, analyse or transmit information relating— (a) to a vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or another person involved in road transport; and (b) without limiting paragraph (a), to the operation of a vehicle in relation to its legal entitlements; "journey documentation" means any documentation (other than transport documentation) directly or indirectly associated with— (a) the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or s. 22 -- 38 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 32 (b) goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport— whether or not the documentation has been transmitted physically, electronically or in any other manner and whether or not the documentation relates to a particular journey or to journeys generally; Example The following are examples of journey documentation— (a) documents kept or used or obtained by a responsible person in connection with the transport of goods or passengers; (b) workshop, maintenance and repair records relating to a vehicle used, or claimed to be used, for the transport of goods or passengers; (c) a subcontractor's payment advice relating to goods or passengers or the transport of goods or passengers; (d) documents kept or used or obtained by the driver of the vehicle used, or claimed to be used, for the transport of goods or passengers, such as a driver's run sheet, a log book entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records; (e) information reported through the use of an intelligent transport system; (f) driver manuals and instruction sheets; (g) advice in any form from check weighing carried out before, during or after a journey. "legal entitlements" of a vehicle means the details of the authority, conferred by or under a relevant law or scheme, that entitles it to be operated for the transport of goods or passengers by road, and includes any entitlements arising under or affected— s. 22 -- 39 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 33 (a) by a permit, authorisation, approval, exemption, notice or anything else given or issued under that law or scheme; or (b) by restrictions, or by the application of restrictions, under a relevant law or scheme or other laws; Example Examples of restrictions in paragraph (b) include sign-posted mass limits for bridges and hazardous weather condition permits. "load", in relation to a vehicle, means— (a) all the goods, passengers and drivers in or on the vehicle; and (b) all fuel, water, lubricants and readily removable tools and equipment carried in or on the vehicle and required for its normal operation; and (c) anything that is used to enable goods or passengers to be carried in or on the vehicle and that is not part of the vehicle; and (d) personal items used by a driver of the vehicle; and (e) anything that is normally removed from the vehicle when not in use— and includes a part of a load; "loader" has the meaning set out in section 173; "mass, dimension or load restraint limit or requirement" is any of the following as defined in Division 2 of Part 10: a mass limit, a width limit, a length limit, a height limit or a load restraint requirement; s. 22 -- 40 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 34 "mass limit" has the meaning set out in section 153; "night" means the period between sunset on one day and sunrise on the next day; "non-Victorian road or transport law" means a law of an Australian jurisdiction other than Victoria— (a) that regulates, in that jurisdiction, the same conduct that a road or transport law regulates in Victoria; or (b) that is specified as a law for the purposes of this definition by the regulations; "operator" has the meaning set out in section 195; "package" of goods means the complete product of the packing of the goods for transport by road, consisting of the goods and their packaging; "packaging" of goods means the container (including a freight container) in which the goods are received or held for transport by road, and includes anything that enables the container to receive or hold the goods or to be closed; "packer" has the meaning set out in section 172; "passenger", in relation to a vehicle, does not include the driver of the vehicle, a two-up driver of the vehicle or any person necessary for the normal operation of the vehicle; "premises" includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place; s. 22 -- 41 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 35 "reasonable steps defence" has the meaning set out in section 179; "responsible person" means any person having, at a relevant time, a role or responsibilities associated with road transport, and includes any of the following— (a) an owner of a heavy vehicle; (b) a driver, including a two-up driver, of a heavy vehicle; (c) an operator or registered operator of a heavy vehicle; (d) a person in charge, or apparently in charge, of a heavy vehicle; (e) a person in charge, or apparently in charge, of the garage address of a heavy vehicle or the driver base of a heavy vehicle; (f) a person appointed under an approved road transport compliance scheme to have monitoring or other responsibilities under the scheme, such as responsibilities for certifying, monitoring or approving heavy vehicles under the scheme; (g) an operator of an intelligent transport system; (h) a person who consigns goods for transport by road; s. 22 -- 42 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 36 (i) a person who packs goods in a freight container or other container or in a package or on a pallet for transport by road; (j) a person who loads goods or a container on a heavy vehicle for transport by road; (k) a person who unloads goods, or a container containing goods, consigned for transport by road; (l) a person to whom goods are consigned for transport by road; (m) a person who receives goods packed outside Australia in a freight container or other container or on a pallet for transport by road in Australia; (n) an owner or operator of a weighbridge or other weighing facility used to weigh heavy vehicles or an occupier of premises where such a weighbridge or weighing facility is located; (o) a person who consigned, or arranged for, or offered, a freight container to be transported by road; (p) a person who controls, or directly influences, the loading or operation of a heavy vehicle; (q) an agent, employer, employee or sub- contractor of any person referred to in the preceding paragraphs of this definition; s. 22 -- 43 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 37 "road infrastructure" includes— (a) a road, including its surface or pavement; and (b) anything under or supporting a road or its surface or pavement and maintained by a road authority; and (c) any bridge, tunnel, causeway, road- ferry, ford or other work or structure forming part of a road system or supporting a road; and (d) any bridge or other work or structure located above, in or on a road and maintained by a road authority; and (e) any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a)–(d); and (f) anything declared by the regulations to be included in this definition; but does not include anything declared by the regulations to be excluded from this definition; "road or transport law" means— (a) this Act; (b) the Transport Act 1983; (c) any regulation made under this Act or the Transport Act 1983; "road or transport law offence" means an offence against a road or transport law; s. 22 -- 44 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 38 "transport documentation" means— (a) any contractual documentation directly or indirectly associated with— (i) a transaction for, or relating to, the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or (ii) goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport; or (b) any associated documentation— (i) contemplated in the contractual documentation; or (ii) required by law, or customarily provided, in connection with the contractual documentation or with the transaction— whether or not the documentation has been transmitted physically, electronically or in any other manner; Example Examples of transport documentation include an invoice, delivery order, consignment note, load manifest, vendor declaration, export receival advice, bill of lading, contract of carriage, sea carriage document, and container weight declaration, relating to goods or passengers. s. 22 -- 45 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 39 "two-up driver" means a person who— (a) shares with another person the driving of a heavy vehicle; and (b) travels as a passenger on the vehicle whilst the other person is driving the vehicle;'. (2) In section 3(1) of the Road Safety Act 1986, for the definition of "heavy vehicle" substitute— ' "heavy vehicle" means a motor vehicle or trailer that has a GVM greater than 4⋅5 tonnes, and includes— (a) any other vehicle that is physically connected to the heavy vehicle (even if that other vehicle is not a heavy vehicle); and (b) a bus that is used, or that is intended to be used, to carry passengers for reward or in the course of a business;'. 23. Different provision may be made on the basis of age in granting licences (1) After section 19(3) of the Road Safety Act 1986 insert— "(3A) Without limiting the generality of sub- sections (1) and (3), in exercising its discretion under this section, the Corporation may grant people of or over 75 years of age driver licences for shorter terms than the terms that usually apply to people who are less than 75 years of age.". s. 23 -- 46 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 40 (2) At the end of section 95 of the Road Safety Act 1986 insert— "(10) Without limiting the generality of sub- section (2)(b)(i), in relation to driver licensing, the regulations may make different provision for people of or over 75 years of age.". 24. Cancellation, suspension or variation of licences and permits by Corporation In section 24(1) of the Road Safety Act 1986 omit "or section 25". Note: This section comes into operation on 1 February 2005— see section 2(4). 25. Demerits Register (1) After section 25(4B) of the Road Safety Act 1986 insert— "(4BA) Sub-section (4B) does not apply if— (a) a person is prosecuted under section 30 for driving while a suspension under this section is in force; and (b) he or she is found not guilty on the grounds that he or she was not aware at the relevant time that his or her licence or permit had been suspended. Note: In the circumstances set out in this sub-section, it is still open to a court under section 30A to order that the person serve an additional period of suspension of up to the period specified in section 30A(3).". (2) For section 25(6) of the Road Safety Act 1986 substitute— "(6) The fact that demerit points are recorded against the holder of a driver licence or learner permit is not admissible in evidence except— s. 24 -- 47 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 41 (a) in proceedings on an appeal under section 26(1)(c); or (b) if it is necessary to give evidence of that fact in order to establish— (i) that the holder of the licence or permit had been sent a notice advising him or her that he or she had incurred demerit points; or (ii) that the licence or permit had been suspended under this Act; or (iii) that the holder of the licence or permit had been served with a notice advising him or her of such a suspension.". 26. Demerits Register In section 25(6)(a) of the Road Safety Act 1986, for "section 26(1)(c)" substitute "section 26AA(1)". Note: This section comes into operation on 1 February 2005— see section 2(4). 27. Section 26 substituted and new section 26AA inserted For section 26 of the Road Safety Act 1986 substitute— "26. Appeal to Magistrates' Court (1) If the Corporation decides to— (a) refuse an application for a driver licence, a driver licence variation or a permit; or s. 26 -- 48 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 42 (b) in accordance with section 24(2), suspend, cancel or vary in any way a driver licence or permit— the applicant or holder may, in accordance with the regulations, appeal against that decision to the Magistrates' Court. (2) On an appeal under sub-section (1) the court must— (a) re-determine the matter of the refusal, suspension, cancellation or variation; and (b) hear any relevant evidence tendered by the appellant or the Corporation; and (c) without limiting its discretion, take into consideration anything that the Corporation ought to have considered. (3) If the court is satisfied that the refusal, suspension, cancellation or variation— (a) results from a driving disqualification of the appellant in another State or Territory of the Commonwealth; or (b) was required by the regulations— the court must confirm the decision of the Corporation. (4) Every decision of the Magistrates' Court on an appeal under this section must be given effect to by the Corporation. s. 27 -- 49 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 43 26AA. Appeal to Magistrates' Court—demerit points (1) If the Corporation suspends a driver licence or learner permit in accordance with section 25(3B)(a), (3B)(ab) or (3D), the holder of the driver licence or learner permit may, in accordance with the regulations and subject to sub-section (2), appeal against that suspension to the Magistrates' Court. (2) An appeal under sub-section (1) against a suspension may only be made on either or both of the following grounds— (a) that the Corporation recorded certain demerit points other than as required by the regulations; (b) that an error has been made in the addition of the number of demerit points incurred by the appellant in a relevant period. Note: In certain circumstances the Corporation is required to record demerit points against the owner of the motor vehicle—see section 66(6). (3) The giving, in accordance with the regulations, of a notice of appeal under sub- section (1) stays the suspension of the licence or learner permit until— (a) the date on which the appeal is determined; or (b) if the appeal is discontinued, the date on which notice in writing of discontinuance is given in accordance with the regulations to both the Magistrates' Court and the Corporation. s. 27 -- 50 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 44 (4) If the court is satisfied that the suspension was required by the regulations or section 25, the court must confirm the suspension. (5) On an appeal under sub-section (1) the court may— (a) in allowing the appeal, direct the Corporation— (i) to record the demerit points as required by the regulations; or (ii) to correct the error made in the addition of the number of demerit points incurred by the appellant in a relevant period; or (b) in dismissing the appeal, order that the suspension take effect from a date specified in the order. (6) Every decision of the Magistrates' Court on an appeal under this section must be given effect to by the Corporation.". Note: This section comes into operation on 1 February 2005— see section 2(4). 28. Power of court to cancel, suspend or vary licences and permits (1) In section 28(1A) of the Road Safety Act 1986, for "section 50(1), 60(2), 61(6) or 64(2)" substitute "this Act". s. 28 -- 51 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 45 (2) After section 28(1A) of the Road Safety Act 1986 insert— "(1B) If a court convicts a person of, or is satisfied that a person is guilty of, an offence— (a) that is constituted by, or that has as a necessary element, the breach of a mass, dimension or load restraint limit or requirement; and (b) where the breach is committed in respect of a heavy vehicle— in addition to anything the court may do under sub-section (1)(b), the court may vary any driver licence or permit held by the person.". 29. Appeal to County Court In section 29(3) of the Road Safety Act 1986, after "section 26" insert "or section 26AA". Note: This section comes into operation on 1 February 2005— see section 2(4). 30. Insertion of section 30A After section 30 of the Road Safety Act 1986 insert— "30A. Court may extend suspension or disqualification period even if offence not committed (1) This section applies if a person is found not guilty of an offence against section 30 on the grounds that he or she was not aware at the relevant time— (a) that his or her authorisation had been suspended; or (b) that he or she was disqualified from obtaining an authorisation. s. 29 -- 52 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 46 (2) The court hearing the matter may order that the person serve a period of suspension or disqualification that is in substitution for any of the period of suspension or disqualification that applied to the person at the relevant time during which the person was not aware of the suspension or disqualification. (3) The maximum period that the court may impose under sub-section (2) is a period equal to the period between— (a) when the person's authorisation was suspended, or when the period of disqualification started; and (b) when the person was made aware of the suspension or disqualification, or the period of suspension or disqualification ended, whichever is the earlier. (4) For the purposes of appeal or review, any period of suspension or disqualification imposed under sub-section (2) is to be treated as if it had been imposed for the same reason that the original period of suspension or disqualification was imposed.". 31. Alcohol interlocks (1) For section 50AAA(3A)(a) of the Road Safety Act 1986 substitute— "(a) the offence was not a first offence; and". (2) In section 50AAB of the Road Safety Act 1986— (a) in sub-section (1), for "or (3)(b)" substitute ", 50AAA(3)(b) or 50AAA(3A)"; (b) in sub-section (3), after "under section 50AAA(3)(b)" insert "or 50AAA(3A)". s. 31 -- 53 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 47 (3) For section 50AAB(3)(a) of the Road Safety Act 1986 substitute— "(a) at least 6 months after the condition is imposed in the case of a second offence under section 49(1)(b), (f) or (g) where the concentration of alcohol— (i) in the person's blood at the relevant time was less than 0⋅15 grams per 100 millilitres of blood; or (ii) in the person's breath at the relevant time was less than 0⋅15 grams per 210 litres of exhaled air— as the case requires; or". (4) In section 50AAC(1) of the Road Safety Act 1986— (a) for "or (3)(b)" substitute ", 50AAA(3)(b) or 50AAA(3A)"; (b) in paragraph (b), for "applies)—" substitute "applies); or"; (c) after paragraph (b) insert— "(c) in the case of a direction under section 50AAA(3A)— (i) the giving of the direction; or (ii) the period specified in the direction during which the person cannot apply for the removal of an alcohol interlock condition if that period is more than the minimum period set out in section 50AAB(3)(a) or (b) (whichever applies)—". s. 31 -- 54 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 48 32. Offences detected by a photographic detection service After section 66(5) of the Road Safety Act 1986 insert— "(6) For the avoidance of doubt, the owner of a motor vehicle or trailer who, by virtue of sub-section (1), is taken to be guilty of an offence is liable to the same penalties and subject to the same consequences to which he or she would have been liable and subject had he or she been the actual driver at the time of the occurrence of the offence.". Note: This section comes into operation on 1 February 2005— see section 2(4). 33. New section 67 inserted After section 66 of the Road Safety Act 1986 insert— "67. Extension of time if no actual notice for certain traffic infringements (1) If a traffic infringement notice (other than a notice issued in respect of a drink-driving infringement or an excessive speed infringement) is not served by delivering it personally to the person to whom it was issued, and that person is not in fact aware that it had been issued, the person may, within 14 days after becoming aware of it, apply in accordance with the regulations to the Magistrates' Court to have an extension of time of 28 days to deal with the notice in accordance with this section. s. 32 -- 55 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 49 (2) The court may only grant an extension of time if it is satisfied that the person was not in fact aware, more than 14 days before making an application under sub-section (1), that the traffic infringement notice had been issued. (3) If the court grants an extension of time— (a) any reference in sections 66(3) and 88(3) to a 28 day period must be read as a reference to the extended period; and (b) any cancellation, disqualification or suspension, and any extension of probation, that resulted from the traffic infringement notice is set aside; and (c) if the appropriate amount specified in the traffic infringement notice as penalty for the infringement has been paid before the extension of time was granted, the amount so paid must be refunded; and (d) any demerit points recorded as a result of the traffic infringement notice are cancelled; and (e) anything done by the person before he or she became aware that the traffic infringement notice had been issued that constituted an offence only because of any cancellation, disqualification or suspension, or any extension of probation, that resulted from the traffic infringement notice must be taken not to constitute that offence; and (f) any of the procedures set out in Schedule 7 to the Magistrates' Court Act 1989 that are being used for the s. 33 -- 56 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 50 enforcement of the amount specified in the traffic infringement notice as payable in respect of the offence for which the notice was issued must be discontinued and any warrant issued under that Schedule ceases to have effect; and (g) any period of cancellation, disqualification or suspension, and any extension of probation, of a driver licence or permit that— (i) resulted from the traffic infringement notice; and (ii) occurred after the person became aware that the traffic infringement notice had been issued— must be taken into account by any court which subsequently finds the person guilty of the offence in respect of which the traffic infringement notice was issued; and (h) a reference in section 89(4) to the expiration of the period specified in the notice must be read as a reference to the expiration of the extended time. (4) Despite anything to the contrary in section 88(3AA), an application for a withdrawal of a traffic infringement notice under section 88(3) may be made even though the infringement penalty has been registered under Schedule 7 to the Magistrates' Court Act 1989.". Note: This section comes into operation on 1 February 2005— see section 2(4). s. 33 -- 57 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 51 34. Insertion of sections 77A and 77B After section 77 of the Road Safety Act 1986 insert— "77A. Extension of time limit for certain prosecutions Despite anything to the contrary in section 26(4) of the Magistrates' Court Act 1989, a proceeding for an offence under Division 4 or 6 of Part 10 against a person in any capacity other than as a driver or operator of a vehicle may be commenced within 2 years after the commission of the alleged offence. 77B. Special defence for drivers of heavy vehicles (1) This section applies to an offence involving deficiencies concerning a heavy vehicle if the offence is alleged to have been committed by a person as the driver of the vehicle. (2) It is a defence to a charge for the offence if the person establishes that he or she (whether as driver or otherwise)— (a) did not cause, or contribute to, the deficiencies and had no responsibility for, or control over, the maintenance of the vehicle or its equipment at any relevant time; and (b) did not know, and could not reasonably be expected to have known, of the deficiencies; and (c) could not reasonably be expected to have sought to ascertain whether there were, or were likely to be, deficiencies concerning the vehicle.". s. 34 -- 58 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 52 35. Parking infringements After section 87(4) of the Road Safety Act 1986 insert— "(5) If a municipal council fixes a penalty under sub-section (4) in relation to a parking infringement, a member of the police force issuing a parking infringement notice in respect of the infringement may specify in the notice one or other of the following as the penalty payable under the notice— (a) the amount fixed by the council as the penalty; or (b) the amount specified by the regulations as the penalty in respect of the infringement.". 36. Extension of time to object if no actual notice In section 89B(1) of the Road Safety Act 1986, for "7 days" substitute "14 days". Note: This section comes into operation on 1 February 2005— see section 2(4). 37. Insertion of sections 93A and 93B After section 93 of the Road Safety Act 1986 insert— "93A. Guidelines for industry codes of practice (1) The Corporation may issue guidelines with respect to the preparation and contents of industry codes of practice, and may from time to time cancel, amend or replace the guidelines. s. 35 -- 59 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 53 (2) The guidelines may make provision for or with respect to— (a) the review of registered industry codes of practice; and (b) the period for which registration under section 93B of an industry code of practice remains in force (unless sooner revoked). 93B. Registration of industry codes of practice (1) The Corporation may register industry codes of practice prepared in accordance with the guidelines in force under this Division. (2) The Corporation may revoke the registration of an industry code of practice. (3) The Corporation may register an industry code of practice unconditionally or subject to conditions specified in the instrument of registration. (4) The Corporation may attach new conditions to an existing registration, and may revoke or amend any conditions attached to a registration. (5) Registration of an industry code of practice remains in force (unless sooner revoked) until the earlier of the following— (a) the end of the period of currency (if any) specified in the instrument of registration; or (b) the end of the period specified in the guidelines.". s. 37 -- 60 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 54 38. New section 103H inserted After section 103G of the Road Safety Act 1986 insert— "103H. Transitional provision—sections 27 and 33 of the Transport Legislation (Amendment) Act 2004 (1) Section 26, as in force immediately before the commencement of section 27 of the Transport Legislation (Amendment) Act 2004, applies, despite its repeal, to any appeal made under section 26 before the commencement of that section 27. (2) Section 67 inserted by section 33 of the Transport Legislation (Amendment) Act 2004 applies to any traffic infringement notice irrespective of whether or not it was issued before on or after the commencement of that section 33.". Note: This section comes into operation on 1 February 2005— see section 2(4). 39. Insertion of section 103I After section 103H of the Road Safety Act 1986 insert— "103I. Application of amendments made by section 41 of the Transport Legislation (Amendment) Act 2004 Parts 10 and 11, as inserted by section 41 of the Transport Legislation (Amendment) Act 2004, only apply to offences that occur on or after the date of commencement of that section.". s. 38 -- 61 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 55 40. Repeal of transferred definitions In section 106 of the Road Safety Act 1986 omit the definitions of "approved road transport compliance scheme", "authorised officer", "driver base", "garage address", "goods", "heavy vehicle", "inspector", "intelligent transport system", "journey documentation", "legal entitlements", "load", "non-Victorian road or transport law", "passenger", "premises", "responsible person", "road or transport law", "transport documentation" and "two-up driver". 41. Insertion of Parts 10 and 11 After Part 9 of the Road Safety Act 1986 insert— 'PART 10—PROVISIONS CONCERNING BREACHES OF MASS, DIMENSION AND LOAD RESTRAINT LIMITS AND REQUIREMENTS Division 1—Preliminary Matters 150. Reference to vehicle includes loads and attached vehicles A reference in this Part to a vehicle is to be read as including a reference— (a) to anything on or in the vehicle; and (b) in a case where a group of vehicles are physically connected, to each vehicle in the group— unless the contrary intention appears. s. 40 -- 62 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 56 151. Statement that mistake of fact defence does not apply not to affect other offences The statement in this Part that a person does not have the benefit of the mistake of fact defence is solely intended for the purposes of this Part, and it is not intended to affect the question of whether that defence is, or is not, available to a person in relation to any offence outside this Part. Division 2—Categorisation of Breaches 152. Purpose of this Division The purpose of this Division is to classify certain breaches of mass, dimension and load restraint limits and requirements into one of the following categories— (a) minor risk breaches; (b) substantial risk breaches; (c) severe risk breaches. Note: Different enforcement powers and penalties apply in this Part in relation to different breaches of mass, dimension and load restraint limits and requirements depending on the categorisations ascribed to the breaches by this Division. 153. Mass limits (1) A "mass limit" is a limit specified under this Act concerning the mass of— (a) a vehicle; or (b) any component of a vehicle. s. 41 -- 63 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 57 (2) Without limiting sub-section (1), the following are mass limits— (a) a limit concerning— (i) the gross mass of a vehicle (that is, the unladen mass of the vehicle together with any load in or on the vehicle); or (ii) the mass on a tyre, an axle or an axle group of the vehicle; (b) a limit concerning axle spacing; (c) mass limits set out on signs erected or displayed under this Act (for example, a sign-posted bridge limit). (3) A breach of a mass limit is a minor risk breach if— (a) in the case of a mass limit that relates to the gross mass of a vehicle, the amount by which the limit is exceeded is less than either or both of the following— (i) 5% of the maximum permissible mass; or (ii) 0⋅5 tonnes; or (b) in any other case, the amount by which the limit is exceeded is less than 5% of the maximum permissible mass. (4) Subject to sub-section (3)(a)(ii), a breach of a mass limit is a substantial risk breach if the amount by which the limit is exceeded is 5% or more of the maximum permissible mass, but less than 20% of the maximum permissible mass. s. 41 -- 64 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 58 (5) A breach of a mass limit is a severe risk breach if the amount by which the limit is exceeded is 20% or more of the maximum permissible mass. (6) For the purposes of this section, all relevant measurements are to be rounded up to the nearest 0⋅1 tonnes. 154. Width limit (1) For the purposes of this section, a "width limit" is a limit specified under this Act concerning— (a) the maximum width of a vehicle; or (b) the maximum distance that the load of a vehicle may project from the side of the vehicle. (2) A breach of a width limit is a minor risk breach if the amount by which the permitted width or distance is exceeded is less than 40 mm. (3) A breach of a width limit is a substantial risk breach if the amount by which the permitted width or distance is exceeded is 40 mm or more but less than 80 mm. (4) A breach of a width limit is a severe risk breach if the amount by which the permitted width or distance is exceeded is 80 mm or more. 155. Length limit (1) For the purposes of this section, a "length limit" is a limit specified under this Act concerning the maximum length of a vehicle. (2) A breach of a length limit is a minor risk breach if the amount by which the permitted length is exceeded is less than 350 mm. s. 41 -- 65 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 59 (3) A breach of a length limit is a substantial risk breach if the amount by which the permitted length is exceeded is 350 mm or more but less than 600 mm. (4) A breach of a length limit is a severe risk breach if the amount by which the permitted length is exceeded is 600 mm or more. 156. Height limit (1) For the purposes of this section, a "height limit" is a limit specified under this Act concerning the maximum height of a vehicle. (2) A breach of a height limit is a minor risk breach if the amount by which the permitted height is exceeded is less than 150 mm. (3) A breach of a height limit is a substantial risk breach if the amount by which the permitted height is exceeded is 150 mm or more but less than 300 mm. (4) A breach of a height limit is a severe risk breach if the amount by which the permitted height is exceeded is 300 mm or more. 157. Load restraint requirement (1) For the purposes of this section, a "load restraint requirement" is a requirement imposed under this Act concerning the securing or restraining of a load (other than people) carried by a vehicle. (2) A breach of a load restraint requirement is a minor risk breach if the breach occurs in circumstances that do not involve any danger to any person or the risk of any damage to any property or to the environment. s. 41 -- 66 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 60 (3) A breach of a load restraint requirement is a substantial risk breach if the breach occurs in circumstances that pose a danger to any person or the risk of damage to any property or to the environment. (4) A breach of a load restraint requirement is a severe risk breach if the breach occurs in circumstances in which harm occurs to one or more people or in which any property is damaged or damage occurs to the environment. 158. Upgrading of categorisation in certain circumstances (1) In this section, a "relevant circumstance" is any of the following circumstances— (a) at night; or (b) in hazardous weather conditions causing reduced visibility; or (c) on a declared route; or (d) in a declared zone. (2) If a breach that would otherwise be a minor risk breach occurs in any relevant circumstance, then the breach becomes, by virtue of occurring in that circumstance, a substantial risk breach. (3) If a breach that would otherwise be a substantial risk breach occurs in any relevant circumstance, then the breach becomes, by virtue of occurring in that circumstance, a severe risk breach. (4) Sub-section (3) does not apply to a breach that is a substantial risk breach as a result of sub-section (2). s. 41 -- 67 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 61 (5) In this section— "declared route" means a road, or a part of a road, declared by the Minister, by notice published in the Government Gazette, to be a declared route for the purposes of this section; "declared zone" means a zone declared by the Minister, by notice published in the Government Gazette, to be a declared zone for the purposes of this section. Division 3—Enforcement Powers Concerning Mass, Dimension or Load Restraint Breaches 159. Application of this Division (1) This Division applies if an inspector believes on reasonable grounds that a vehicle is in breach of a mass, dimension or load restraint limit or requirement, and the vehicle is on or in any of the following places— (a) any highway; or (b) any public place; or (c) any premises occupied or owned by the Corporation or by any other public authority; or (d) any premises that an inspector is authorised to enter under this Act; or (e) any other place, but only if the vehicle has entered that place as the immediate result of it being involved in an accident on or near a highway. s. 41 -- 68 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 62 (2) For the purposes of this section, an "accident" is an incident that involves a vehicle and that results— (a) in a person being killed or injured; or (b) in damage being caused to a vehicle, or to other property. 160. Meaning of "rectify a breach" In this Division, "rectify a breach", in respect of a vehicle that is in breach of a mass, dimension or load restraint limit or requirement, means to do anything that is necessary to ensure that the breach ceases, or will not occur when the vehicle is driven on a highway, regardless of whether or not that requires that any action be taken in relation to the vehicle itself. 161. Reference to single offence includes multiple offences For the purposes of this Division, if a vehicle is in breach of more than one mass, dimension or load restraint limit or requirement at the time that it is inspected by an inspector, all references to "breach" in this Division in relation to the vehicle are to be read as a reference to those breaches. 162. Rectification of minor risk breaches (1) This section applies if the inspector believes on reasonable grounds that a vehicle is the subject of a minor risk breach of a mass, dimension or load restraint limit or requirement, and that the vehicle is not the subject of any substantial or severe risk breach of such a limit or requirement. s. 41 -- 69 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 63 (2) The inspector may— (a) if the vehicle is a heavy vehicle and is at its garage address, or at a depot, direct the operator of the vehicle to rectify the breach before the operator permits the vehicle to start a journey; or (b) if the vehicle is in transit and the breach can be easily rectified on the spot, direct the driver of the vehicle to rectify the breach before continuing his or her journey; or (c) if the vehicle is in transit and the breach cannot easily be rectified on the spot, but having regard to all the relevant circumstances the inspector considers it appropriate to do so, authorise the driver of the vehicle to continue his or her journey subject to any conditions imposed by the inspector; or (d) in any other case, direct the driver of the vehicle to move the vehicle to a place specified by the inspector and to keep the vehicle at that place until the breach has been rectified. (3) With respect to sub-section (2)(d), the inspector may only specify a place— (a) that the inspector believes, on reasonable grounds, is a place where it will be possible to rectify the breach; and (b) that is within a 30 kilometre radius of the place where the vehicle is stopped. s. 41 -- 70 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 64 (4) Despite sub-section (3)(b), if there is no suitable place within a 30 kilometre radius, the inspector must specify the first suitable place that is on the proposed forward route of the journey that was being undertaken at the time the breach was detected. 163. Rectification of substantial or severe risk breaches (1) This section applies if the inspector believes on reasonable grounds that a vehicle is in breach of a mass, dimension or load restraint limit or requirement and that the breach is a substantial or severe risk breach. (2) The inspector must— (a) if the vehicle is a heavy vehicle and is at its garage address, or at a depot, direct the operator of the vehicle to rectify the breach before the operator permits the vehicle to start a journey; or (b) if the vehicle is in transit and the breach can be easily rectified on the spot and it is safe for the vehicle to remain where it is while the breach is rectified, direct the driver of the vehicle to rectify the breach before continuing his or her journey; or (c) in any other case, direct the driver of the vehicle— (i) to move the vehicle, or to cause it to be moved, to a place specified by the inspector that is the nearest suitable place at which it will be possible to rectify the breach; and (ii) to keep the vehicle at that place until the breach has been rectified. s. 41 -- 71 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 65 (3) For the purposes of sub-section (2)(b), it is safe to leave a vehicle at a place if it does not pose an immediate potential risk of harm to public safety, the environment, road infrastructure, public amenity or the safety of any person or animal in or on the vehicle. (4) Despite sub-section (2), if, in the opinion of the inspector, a vehicle is not safe where it is, but it is also not safe to allow it to immediately travel on a highway to a place where the breach can best be rectified, the inspector must direct the driver to move the vehicle, or to cause it to be moved, to the nearest suitable place at which any threat to public safety posed by the vehicle is minimised to the maximum extent that is practicable in the circumstances. 164. Further provision concerning rectification places If— (a) the intended destination of a vehicle that is in transit at the time it is stopped; or (b) the depot of the vehicle, or, in the case of a group of vehicles that are physically connected, of a vehicle in the group— is the most suitable or appropriate place for a breach to be rectified and that place otherwise complies with any requirements imposed by this Division, the inspector must direct the driver of the vehicle to move the vehicle to that place. s. 41 -- 72 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 66 165. General provisions concerning directions and authorisations (1) An inspector must give any direction or authorisation he or she gives under this Division in writing unless— (a) in the case of a direction to move a vehicle, the moving is carried out in his or her presence, or under his or her supervision (or in the presence, or under the supervision, of another inspector); or (b) regulations made for the purposes of this section state that it is not necessary to do so in particular circumstances, and those circumstances exist. (2) If an inspector is authorised under this Division to give a direction to the driver of a vehicle, the inspector may also give the direction to the operator of the vehicle. (3) If an inspector is authorised under this Division to give a direction to the operator of a vehicle, the inspector may also give the direction to the driver of the vehicle. 166. Conditions In giving a direction or authorisation under this Division, an inspector may impose conditions in relation to the direction or authorisation. 167. Operation of directions in relation to a group of vehicles (1) This section applies if a direction is given under this Division in relation to one or more vehicles that are in a group of vehicles that are physically connected. s. 41 -- 73 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 67 (2) Nothing in this Division prevents a vehicle that forms part of the group from being separately driven or moved if— (a) the vehicle is not itself in breach of a mass, dimension or load restraint limit or requirement; and (b) it is not otherwise unlawful for the vehicle to be driven or moved. (3) Sub-section (2) does not apply if a condition of the direction prevents the vehicle from being separately driven or moved. 168. Person must comply with a direction and conditions (1) A person must not refuse or fail to comply with a direction made under this Division. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. (2) A person must not refuse or fail to comply with any condition imposed by an inspector in relation to a direction or authorisation given under this Division. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. 169. Application of Division in relation to other directions This Division applies to a vehicle regardless of whether or not the vehicle is, has been or becomes the subject of a direction under Part 9. s. 41 -- 74 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 68 170. Amendment or revocation of directions or conditions (1) An authorised officer may amend or revoke a direction given, or conditions imposed, by an authorised officer under this Part. (2) The Chief Commissioner of Police or a member of the police force may amend or revoke a direction given, or conditions imposed, by a member of the police force under this Part. Division 4—Responsibility for Breaches of Mass, Dimension and Load Restraint Limits and Requirements 171. Liability of consignor (1) A "consignor" of goods is a person who— (a) with the person's authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road; or (b) engages an operator of a vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or (c) has possession of, or control over, the goods immediately before the goods are transported by road; or (d) loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal s. 41 -- 75 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 69 operation of the vehicle) during loading; or (e) if the goods are imported into Australia, imports the goods. (2) A person is guilty of an offence if— (a) a vehicle is in breach of a mass, dimension or load restraint limit or requirement; and (b) the person is the consignor of any goods that are in or on the vehicle. (3) A person is guilty of an offence if— (a) the weight of a freight container containing goods consigned for road transport and its contents exceeds the maximum gross weight as marked on the container or on the container's safety approval plate; and (b) the person is the consignor of any of the goods contained in the container; and (c) the container is placed on a vehicle. Note: The penalties that apply in respect of the offences created by this section are set out in section 178. (4) This section does not apply to the consignment by a person of goods by mail or by means of a parcel service. (5) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note: Section 181 sets out how sub-section (5) operates. (6) A person charged with an offence under this section has the benefit of the reasonable steps defence. s. 41 -- 76 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 70 172. Liability of packer (1) A "packer" of goods is a person who— (a) puts the goods in a packaging for transport by road; or (b) assembles the goods as packaged goods in an outer packaging or unit load for transport by road; or (c) supervises an activity mentioned in paragraph (a) or (b); or (d) manages or controls an activity mentioned in paragraph (a), (b) or (c). (2) A person is guilty of an offence if— (a) a vehicle is in breach of a mass, dimension or load restraint limit or requirement; and (b) the person is the packer of any goods that are in or on the vehicle. (3) A person is guilty of an offence if— (a) the weight of a freight container containing goods consigned for road transport and its contents exceeds the maximum gross weight as marked on the container or on the container's safety approval plate; and (b) the person is the packer of any of the goods contained in the container; and (c) the container is placed on a vehicle. Note: The penalties that apply in respect of the offences created by this section are set out in section 178. (4) This section does not apply to the putting by a person of goods in a packaging for consignment of those goods by mail or by means of a parcel service. s. 41 -- 77 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 71 (5) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note: Section 181 sets out how sub-section (5) operates. (6) A person charged with an offence under this section has the benefit of the reasonable steps defence. 173. Liability of loader (1) A "loader" is a person who— (a) loads a vehicle with goods for transport by road; or (b) loads a vehicle with a freight container (whether or not containing goods) for transport by road; or (c) without limiting paragraph (a) or (b), loads a freight container already in or on a vehicle with goods for transport by road; or (d) supervises an activity mentioned in paragraph (a), (b) or (c); or (e) manages or controls an activity mentioned in paragraph (a), (b), (c) or (d). (2) A person is guilty of an offence if— (a) a vehicle is in breach of a mass, dimension or load restraint limit or requirement; and (b) the person is the loader of any goods that are in or on the vehicle. Note: The penalties that apply in respect of the offence created by this section are set out in section 178. s. 41 -- 78 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 72 (3) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note: Section 181 sets how sub-section (3) operates. (4) A person charged with an offence under this section has the benefit of the reasonable steps defence. 174. Liability of operator (1) A person is guilty of an offence if— (a) the person is the operator of a vehicle; and (b) the vehicle is in breach of a mass, dimension or load restraint limit or requirement. Note: The penalties that apply in respect of the offence created by this section are set out in section 178. (2) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note: Section 181 sets out how sub-section (2) operates. (3) If the vehicle is in breach of a mass limit, the person charged with the offence has the benefit of the reasonable steps defence so far as it relates to reliance on the weight stated in a container weight declaration. Note: Section 180 sets out how this defence operates. s. 41 -- 79 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 73 175. Liability of driver (1) A person is guilty of an offence if— (a) the person is the driver of a vehicle; and (b) the vehicle is in breach of a mass, dimension or load restraint limit or requirement. Note: The penalties that apply in respect of the offence created by this section are set out in section 178. (2) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note: Section 181 sets out how sub-section (2) operates. (3) If the vehicle is in breach of a mass limit, the person charged with the offence has the benefit of the reasonable steps defence so far as it relates to reliance on the weight stated in a container weight declaration. Note: Section 180 sets out how this defence operates. 176. Liability of consignee (1) A "consignee" of goods is a person who— (a) with the person's authority, is named or is otherwise identified as the intended consignee of the goods in the transport documentation relating to the transport of the goods by road; or (b) actually receives the goods after completion of their transport by road— but does not include a person who merely unloads the goods. (2) A person who is a consignee of goods consigned for road transport is guilty of an offence if— s. 41 -- 80 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 74 (a) the person engages in conduct that results, or that is likely to result, in inducing or rewarding the breach of a mass, dimension or load restraint limit or requirement; and (b) the person intends that result. Penalty: 600 penalty units, in the case of a corporation; 120 penalty units, in any other case. Note: Section 187 provides that a consignee is taken to have intended the result referred to in sub-section (1) if the consignee knew or ought reasonably to have known that a container weight declaration was not provided as required or that a container weight declaration contained false or misleading information about the weight of a freight container. (3) A person who is a consignee of goods consigned for road transport is guilty of an offence if— (a) the person engages in conduct that results, or that is likely to result, in inducing or rewarding the breach of a mass, dimension or load restraint limit or requirement; and (b) the person consciously and unjustifiably disregards a substantial risk that that result would occur, or would be likely to occur. Penalty: 250 penalty units in the case of a corporation; 50 penalty units in any other case. (4) A person who is a consignee of goods consigned for road transport is guilty of an offence if— s. 41 -- 81 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 75 (a) the person engages in conduct that results, or that is likely to result, in inducing or rewarding the breach of a mass, dimension or load restraint limit or requirement; and (b) the person fails unjustifiably and to a gross degree to observe the standard of care that a reasonable person would have observed in all of the circumstances of the case to prevent that result from occurring. Penalty: 100 penalty units in the case of a corporation; 20 penalty units in any other case. (5) This section does not apply to the receipt by a person of goods by mail or by means of a parcel service. 177. Multiple offenders (1) This section applies if more than one person is liable to be found guilty of an offence in respect of the breach of a mass, dimension or load restraint limit or requirement in relation to a vehicle. (2) Proceedings may be taken against all or any of those liable in relation to the breach. (3) Proceedings may be taken against any of those liable in relation to the breach— (a) regardless of whether or not proceedings have been commenced against anyone else; and (b) if proceedings have started against anyone else, regardless of whether or not those proceedings have finished; and s. 41 -- 82 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 76 (c) if proceedings have finished against anyone else, regardless of the outcome of those proceedings. 178. Penalties applying to offences under this Division and exclusion of double jeopardy (1) A person who commits an offence under this Division (other than an offence under section 176(3) or 176(4)) is liable to the following maximum penalties— (a) in the case of an offence that involves a breach of a mass limit— (i) if the breach is a severe risk breach— (A) 600 penalty units, if the person is a corporation; or (B) 120 penalty units, in any other case; (ii) if the breach is a substantial risk breach— (A) 300 penalty units, if the person is a corporation; or (B) 60 penalty units, in any other case; (iii) if the breach is a minor risk breach— (A) 100 penalty units, if the person is a corporation; or (B) 20 penalty units, in any other case; (b) in the case of an offence that involves a breach of a mass, dimension or load restraint limit or requirement other than a mass limit— s. 41 -- 83 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 77 (i) if the breach is a severe risk breach— (A) 500 penalty units, if the person is a corporation; or (B) 100 penalty units, in any other case; (ii) if the breach is a substantial risk breach— (A) 100 penalty units, if the person is a corporation; or (B) 20 penalty units, in any other case; (iii) if the breach is a minor risk breach— (A) 50 penalty units, if the person is a corporation; or (B) 10 penalty units, in any other case. (2) A person may be punished only once in relation to each breach of a mass, dimension or load restraint limit or requirement in relation to a vehicle. Division 5—Provisions Concerning Defences 179. Reasonable steps defence (1) If a provision of this Part states that a person has the benefit of the "reasonable steps defence" for an offence, it is a defence to a charge for the offence if the person charged establishes that— s. 41 -- 84 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 78 (a) the person did not know, and could not reasonably be expected to have known, of the conduct that constituted the commission of the offence; and (b) either— (i) the person had taken all reasonable steps to prevent that conduct from occurring; or (ii) there were no steps that the person could reasonably be expected to have taken to prevent the conduct from occurring. (2) Without limiting sub-section (1), in determining whether things done or omitted to be done by the person charged constitute reasonable steps, a court may have regard to— (a) the circumstances of the alleged offence, including (where relevant) the risk category to which any breach of a mass, dimension or load restraint limit or requirement involved in the relevant offence belongs; and (b) without limiting paragraph (a), the measures available and measures taken for any or all of the following— (i) to accurately and safely weigh or measure the vehicle or its load or to safely restrain the load in or on the vehicle; (ii) to provide and obtain sufficient and reliable evidence from which the weight or measurement of the vehicle or its load might be calculated; s. 41 -- 85 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 79 (iii) to manage, reduce or eliminate a potential offence arising from the location of the vehicle, or from the location of the load in or on the vehicle, or from the location of goods in the load; (iv) to manage, reduce or eliminate a potential offence arising from weather and climatic conditions, or from potential weather and climatic conditions, affecting or potentially affecting the weight or measurement of the load; (v) to exercise supervision or control over others involved in activities leading to the offence; and (c) the measures available and measures taken for any or all of the following— (i) to include compliance assurance conditions in relevant commercial arrangements with other responsible people; (ii) to provide information, instruction, training and supervision to employees to enable compliance with relevant laws; (iii) to maintain equipment and work systems to enable compliance with relevant laws; (iv) to address and remedy similar compliance problems that may have occurred in the past; and s. 41 -- 86 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 80 (d) whether the person charged had, either personally or through an agent or employee, custody or control of the vehicle, or of its load, or of any of the goods included or to be included in the load; and (e) the personal expertise and experience that the person charged had, or ought to have had, or that an agent or employee of the person charged had, or ought to have had. (3) If the person charged establishes that the person complied with all relevant standards and procedures under a registered industry code of practice, and with the spirit of the code, with respect to matters to which the offence relates, that is evidence that the person charged took reasonable steps to prevent the offence from occurring. (4) Sub-section (3) does not apply unless the person charged served notice of intention to establish the matters referred to in that sub- section on the prosecution at least 28 working days before the day on which the matter is set down for hearing. 180. Reasonable steps defence—reliance on container weight declaration (1) This section applies if the operator or driver of a vehicle charged with an offence under section 174 or 175 has the benefit, under section 174(3) or 175(3), of the reasonable steps defence so far as it relates to reliance on the weight stated in a container weight declaration. s. 41 -- 87 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 81 (2) To the extent that the weight of a freight container and its contents is relevant to the offence, the person charged may rely on the weight stated in the relevant container weight declaration, unless it is established that the person knew, or ought reasonably to have known, that— (a) the stated weight was lower than the actual weight; or (b) the distributed weight of the container and its contents, together with— (i) the mass or location of any other load; or (ii) the mass of the vehicle or any part of it— would result in the breach of a mass limit. 181. Exclusion of mistake of fact defence (1) This section applies if a provision of this Part states that a person does not have the benefit of the mistake of fact defence for an offence. (2) It is not a defence to a charge for the offence for the person to prove that, at or before the time of the conduct constituting the offence, the person was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence. s. 41 -- 88 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 82 Division 6—Container Weight Declarations 182. Consignor for the purposes of this Division For the purposes of this Division, if the consignor of a freight container was not in Australia at the time the container was consigned for transport by road in Victoria, a reference to the consignor in this Division is to be read as a reference— (a) to the person who, in Australia, on behalf of the consignor, arranged for the transport of the container by road in Victoria; or (b) if there is no such person, the person who, in Australia, physically offered the container for transport by road in Victoria. 183. Container weight declarations (1) A "container weight declaration" for a freight container is a declaration that states, or that purports to state, the weight of the container and its contents. (2) A "complying container weight declaration" for a freight container is a container weight declaration— (a) that contains the following details— (i) the number and other details of the container necessary to identify the container; (ii) the name, home address or business address in Australia of the consignor; (iii) the date of the declaration; s. 41 -- 89 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 83 (iv) any other details required by the regulations for the purposes of this section; and (b) that is in a form— (i) that can be readily read by a person inspecting it; and (ii) that can be used or adapted for evidentiary purposes; and (iii) that satisfies any requirement specified by the regulations for the purposes of this section. (3) Subject to the regulations, a container weight declaration— (a) may consist of one or more documents; or (b) without limiting paragraph (a), may consist wholly or partly of a placard attached or affixed to the freight container. 184. Duty of consignor (1) This section applies if a consignor offers a freight container to an operator for transport in Victoria by a vehicle. (2) The consignor must ensure that the operator or driver of the vehicle is provided, before the start of the transport of the container in Victoria, with a complying container weight declaration relating to the container. Penalty: 240 penalty units, in the case of a corporation; 60 penalty units, in any other case. s. 41 -- 90 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 84 (3) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note: Section 181 sets out how sub-section (3) operates. (4) A person charged with an offence under this section has the benefit of the reasonable steps defence. 185. Duty of operator (1) This section applies if an operator arranges for a freight container to be transported in Victoria by a vehicle. (2) The operator must ensure that the driver of the vehicle is provided, before the driver starts to transport the container in Victoria, with a complying container weight declaration relating to the container. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. (3) If the container is to be transported by another road or rail carrier, the operator must ensure that the other carrier is provided with a complying container weight declaration relating to the container by the time the other carrier receives the container. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. (4) If the driver transporting a freight container does not have a complying container weight declaration relating to the container, the operator is deemed to have contravened sub- section (2) unless the operator establishes s. 41 -- 91 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 85 that the driver was provided with the declaration. (5) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note: Section 181 sets out how sub-section (5) operates. (6) A person charged with an offence under this section has the benefit of the reasonable steps defence. (7) Any or all of sub-sections (2), (3) and (4) do not apply in circumstances specified by the regulations for the purposes of this section. 186. Duty of driver (1) A person must not drive a vehicle loaded with a freight container on a road in Victoria unless he or she has been provided with a container weight declaration relating to the container. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. (2) If a container weight declaration relating to a freight container is provided to a driver of a vehicle with the container, the driver must, while transporting the container in Victoria, keep the declaration in or about the vehicle or in a manner that enables it to be readily accessed from the vehicle. Penalty: 300 penalty units, in the case of a corporation; 60 penalty units, in any other case. s. 41 -- 92 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 86 (3) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note: Section 181 sets out how sub-section (3) operates. (4) A person charged with an offence under this section has the benefit of the reasonable steps defence. 187. Liability of consignee—knowledge of matters relating to container weight declaration Without limiting section 176 (Liability of consignee), a consignee of goods is taken to have intended the result referred to in section 176(2)(b) if— (a) the conduct concerned related to a freight container; and (b) the person knew, or ought reasonably to have known, that— (i) a complying container weight declaration for the container was not provided as required by this Act; or (ii) a container weight declaration provided for the container contained information about the weight of the container and its contents that was false or misleading in a material detail. Note: Section 176(2) provides that a person who is a consignee of goods consigned for road transport is guilty of an offence if the person engages in conduct that results or is likely to result in inducing or rewarding the breach of a relevant mass, dimension or load limit or requirement and the person intends that result. s. 41 -- 93 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 87 Division 7—Sentencing Considerations for Mass, Dimension or Load Restraint Breaches 188. Matters to be taken into consideration by courts (1) The purpose of this section is to bring to the attention of courts the general implications and consequences of breaches of mass, dimension or load restraint limits or requirements when determining the kinds and levels of sanctions to be imposed. (2) In determining the sanctions (including the level of fine) that are to be imposed in respect of an offence involving a breach of a mass, dimension or load restraint limit or requirement, the court is to take into consideration the classification of the breach under Division 4 and, having regard to that classification, the following matters— (a) minor risk breaches involve either or both of the following— (i) an appreciable risk of accelerated road wear; (ii) an appreciable risk of unfair commercial advantage; (b) substantial risk breaches involve one or more of the following— (i) a substantial risk of accelerated road wear; (ii) an appreciable risk of damage to road infrastructure; (iii) an appreciable risk of increased traffic congestion; s. 41 -- 94 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 88 (iv) an appreciable risk of diminished public amenity; (v) a substantial risk of unfair commercial advantage; (c) severe risk breaches involve one or more of the following— (i) an appreciable risk of harm to public safety or the environment; (ii) a serious risk of accelerated road wear; (iii) a serious risk of harm to road infrastructure; (iv) a serious risk of increased traffic congestion; (v) a serious risk of diminished public amenity; (vi) a serious risk of unfair commercial advantage. (3) Nothing in this section affects any other matters that may or must be taken into consideration by the court. (4) Nothing in this section authorises or requires the court to assign the breach to a different category of breach. (5) Nothing in this section requires evidence to be adduced in relation to the matters that are to be taken into consideration by the court under this section. s. 41 -- 95 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 89 Division 8—Other Matters 189. Offence to provide false or misleading transport or journey documentation (1) This section applies if— (a) goods are consigned for transport by road, or for transport partly by road and partly by some other means; and (b) all or any part of the transport by road occurs or is to occur in Victoria. (2) A person must not provide to another person any transport documentation or journey documentation in relation to the goods that is false or misleading with respect to any matter that it is relevant to know to ensure that a breach of a mass, dimension or load restraint limit or requirement does not occur during the transport of the goods by road. Penalty: 600 penalty units, in the case of a corporation; 120 penalty units, in any other case. (3) Information concerning a matter is not false or misleading for the purposes of this section merely because it overstates or understates an amount if that overstatement or understatement would not, at the time it is made, be likely to result in a breach of a mass, dimension or load restraint limit or requirement. s. 41 -- 96 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 90 (4) A person charged with an offence under this section does not have the benefit of the mistake of fact defence. Note: Section 181 sets out how sub-section (4) operates. (5) The person charged with an offence under this section has the benefit of the reasonable steps defence. 190. Other powers not affected (1) Except where expressly provided in this Part, nothing in this Part affects any power that a court, a tribunal, the Corporation or an authorised officer or member of the police force has apart from this Part. (2) Without limiting sub-section (1), nothing in this Part affects a power or obligation under this Act or another law to vary, suspend, cancel or otherwise deal with any licence or registration. 191. Contracting out prohibited (1) A term of any contract or agreement that purports to exclude, limit or modify the operation of this Part or of any provision of this Part is void to the extent that it would otherwise have that effect. (2) Sub-section (1) does not apply to a term of a contract to the extent that it purports to impose a requirement on a person that is more onerous than the relevant requirement imposed by this Part. __________________ s. 41 -- 97 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 91 PART 11—ADDITIONAL PROVISIONS CONCERNING BREACHES OF MASS, DIMENSION AND LOAD RESTRAINT LIMITS AND REQUIREMENTS BY HEAVY VEHICLES Division 1—Preliminary Matters 192. This Part only applies to relevant heavy vehicle offences (1) This Part only applies to relevant heavy vehicle offences. (2) For the purposes of this Part a "relevant heavy vehicle offence" is an offence— (a) that is constituted by, or that has as a necessary element, the breach of a mass, dimension or load restraint limit or requirement; and (b) where the breach is committed in respect of a heavy vehicle. 193. Definitions In this Part— "associate" has the meaning set out in section 194; "operator" has the meaning set out in section 195; "registered operator" of a vehicle also includes a person who is recorded on the register of a corresponding authority as the person responsible for the vehicle. s. 41 -- 98 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 92 194. Meaning of "associate" (1) A person is an associate of another person if— (a) he or she is a spouse, parent, brother, sister or child of the other; or (b) they are members of the same household; or (c) they are partners; or (d) they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or (e) one is a body corporate and the other is a director or member of the governing body of the body corporate; or (f) one is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or (g) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or (h) a chain of relationships can be traced between them under any one or more of the above paragraphs. (2) For the purposes of sub-section (1), a beneficiary of a trust includes an object of a discretionary trust. s. 41 -- 99 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 93 195. Meaning of "operator" (1) A person is an operator of a vehicle if— (a) in the case of a vehicle (including a vehicle in a group of vehicles that are physically connected)—the person is responsible for controlling or directing the operations of the vehicle; or (b) in the case of a group of vehicles that are physically connected—the person is responsible for controlling or directing the operations of the towing vehicle in the group. (2) A person is not an operator merely because the person owns a vehicle or does any or all of the following— (a) drives a vehicle; (b) maintains or arranges for the maintenance of a vehicle; (c) arranges for the registration of a vehicle. Division 2—Additional Offences 196. Victimisation of employee or contractor assisting with, or reporting, offences (1) An employer must not dismiss an employee or contractor, injure an employee or contractor in his or her employment, or alter an employee's or contractor's position to his or her detriment, by reason only that the employee or contractor— (a) has assisted, or has given any information to, a public agency in respect of a relevant heavy vehicle offence, or alleged offence; or s. 41 -- 100 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 94 (b) has made a complaint about a relevant heavy vehicle offence, or alleged offence, to the employer, a fellow employee or fellow contractor, a trade union or a public agency. (2) An employer or prospective employer must not refuse, or deliberately omit to offer, employment to a prospective employee or prospective contractor, or treat a prospective employee or prospective contractor less favourably than another prospective employee or prospective contractor would be treated in relation to the terms on which employment or a contract is offered, by reason only that the first-mentioned prospective employee or contractor— (a) has assisted, or has given any information to, a public agency in respect of a relevant heavy vehicle offence, or alleged offence; or (b) has made a complaint about a relevant heavy vehicle offence, or alleged offence, to a former employer, a former fellow employee or a former fellow contractor, a trade union or a public agency. (3) A person who is guilty of an offence against sub-section (1) or (2) is liable to a maximum penalty of— (a) if the person is a corporation, 600 penalty units; (b) in any other case, 120 penalty units. s. 41 -- 101 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 95 (4) In proceedings for an offence under this section, if all the facts constituting the offence other than the reason for the defendant's action are proved, the onus of proving that the defendant's action was not actuated by the reason alleged in the charge lies on the defendant. (5) If a person is found guilty of an offence under this section, the court may, in addition to imposing a penalty on the person, make either or both of the following orders— (a) an order that the person pay within a specified period to the employee or contractor or to the prospective employee or prospective contractor any damages that it considers appropriate by way of compensation; (b) an order that— (i) the employee or contractor be reinstated or re-employed in the employee's or contractor's former position or (if that position is not available) in a similar position; or (ii) the prospective employee or prospective contractor be employed in the position for which the prospective employee or prospective contractor had applied or (if that position is not available) in a similar position. (6) The maximum amount of damages that the court may order cannot exceed the monetary jurisdictional limit of the court in civil proceedings. s. 41 -- 102 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 96 (7) An order for the payment of damages is enforceable as if it were a judgment of the court sitting in civil proceedings. (8) A person must comply with an order for employment, reinstatement or re- employment. Penalty: 600 penalty units, in the case of a corporation; 120 penalty units, in any other case. (9) In this section— "contractor" means an individual who works under a contract for services; "public agency" means— (a) the Crown in any capacity; (b) the Corporation, or any corresponding Authority; (c) a person who is an authorised officer (however described) under any Australian road or transport law; (d) a member (however described) of the police force or police service of any Australian jurisdiction; (e) any other body established by or under law, or the holder of an office established by or under law, in Australia for a public purpose. s. 41 -- 103 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 97 197. Other false or misleading statements (1) A person must not make a statement to the Corporation or to an official who is exercising a power under this Act in relation to any investigation concerning a relevant heavy vehicle offence that the person knows is false or misleading in a material detail. Penalty: 600 penalty units, in the case of a corporation; 120 penalty units, in any other case. (2) A person must not make a statement to the Corporation or to an official who is exercising a power under this Act if— (a) the statement is false or misleading in a material detail; and (b) the person is reckless as to whether the statement is false or misleading in a material detail. Penalty: 240 penalty units, in the case of a corporation; 60 penalty units, in any other case. (3) A person must not give a record to the Corporation or to an official who is exercising a power under a road or transport law that the person knows contains any material detail that is false or misleading. Penalty: 600 penalty units, in the case of a corporation; 120 penalty units, in any other case. s. 41 -- 104 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 98 (4) Sub-section (3) does not apply if, at the time the person gave the record to the Corporation or official, the person informed the Corporation or official that the record contained a material detail that was false or misleading and specified in what respect it was false or misleading. (5) A person must not give a record to the Corporation or to an official who is exercising a power under a road or transport law if— (a) the record contains any material detail that is false or misleading; and (b) the person is reckless as to whether the record contains any material detail that is false or misleading. Penalty: 240 penalty units, in the case of a corporation; 60 penalty units, in any other case. (6) This section does not apply to any conduct that is an offence under section 71. (7) In this section, an "official" is an authorised officer, a member of the police force or a person who is assisting an authorised officer or a member of the police force. 198. False or misleading information provided to a responsible person (1) In this section "relevant detail" means any information that would result in the commission of a relevant heavy vehicle offence were it to be relied on by a responsible person. s. 41 -- 105 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 99 (2) A responsible person must not provide a relevant detail to another responsible person that the person knows is false or misleading. Penalty: 600 penalty units, in the case of a corporation; 120 penalty units, in any other case. (3) A responsible person must not provide a relevant detail to another responsible person if— (a) the relevant detail is false or misleading; and (b) the person is reckless as to whether the relevant detail is false or misleading. Penalty: 240 penalty units, in the case of a corporation; 60 penalty units, in any other case. (4) Sub-section (2) does not apply if, at the time the person gave the relevant detail to the other responsible person, the person informed the other responsible person that the relevant detail was false or misleading and specified in what respect it was false or misleading. (5) For the purposes of this section, it is not necessary that the responsible person who would be liable to commit an offence by relying on the relevant detail be the person to whom the detail was provided. s. 41 -- 106 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 100 Division 3—Vicarious Responsibility for Offences 199. Vicarious responsibility for officers and employees (1) This section applies to conduct that constitutes a relevant heavy vehicle offence. (2) If the conduct was engaged in on behalf of a body corporate by a director, employee or agent of the body corporate while acting within the scope of his or her actual or apparent authority, it is deemed to have been engaged in also by the body corporate, unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct. (3) If the conduct was engaged in on behalf of a person other than a body corporate by an employee or agent of the person while acting within the scope of his or her actual or apparent authority, it is deemed to have been engaged in also by the person, unless the person establishes that he, she or it took reasonable precautions and exercised due diligence to avoid the conduct. (4) In this section the "director" of a body corporate includes a constituent member of a body corporate incorporated for a public purpose by a law of any jurisdiction. 200. Liability of directors, partners, employers and others (1) If a body corporate commits a relevant heavy vehicle offence, each director of the body corporate, and each person concerned in the management of the body corporate, is deemed to have also committed the offence. s. 41 -- 107 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 101 (2) If a person who is a partner in a partnership commits a relevant heavy vehicle offence in the course of the activities of the partnership, each other person who is a partner in the partnership, and each other person concerned in the management of the partnership, is deemed to have also committed the offence. (3) If a person who is concerned in the management of an unincorporated association commits a relevant heavy vehicle offence in the course of the activities of the unincorporated association, each other person concerned in the management of the unincorporated association is deemed to have also committed the offence. (4) If an employee commits a relevant heavy vehicle offence, the employer is deemed to have also committed the offence. (5) It is a defence to a charge for an offence arising under sub-section (4) if the person charged establishes that he, she or it— (a) had no knowledge of the actual offence; and (b) took reasonable precautions and exercised due diligence to prevent the commission of the actual offence. (6) It is a defence to a charge for an offence arising under sub-section (1), (2) or (3) if the person charged establishes that— (a) he or she was not in a position to influence the conduct of the person who actually committed the offence in relation to the commission of the offence; or s. 41 -- 108 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 102 (b) he or she, being in such a position, took reasonable precautions and exercised due diligence to prevent the commission of the actual offence. (7) A person may be proceeded against in relation to, and be found guilty of, an offence arising under this section whether or not the person who actually committed the offence has been proceeded against in relation to, or been found guilty of, the offence. (8) However, if at the time that a charge for an offence arising under this section is heard no person has been found guilty of the offence which gave rise to the charge, in determining the charge regard must be had to any defences available to any relevant person with respect to the offence which gave rise to the charge. (9) A person who is found guilty of an offence arising under this section is liable to the penalty for that offence. 201. Liability of registered operators (1) This section applies to a relevant heavy vehicle offence, if the offence is expressed to be committed by an operator of a vehicle (whether or not any other person can also commit the offence). (2) If an offence to which this section applies is committed and at the time of the offence the vehicle was not physically connected to any other vehicle, the registered operator of the vehicle is deemed to have also committed the offence. s. 41 -- 109 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 103 (3) If an offence to which this section applies is committed and at the time of the offence the vehicle was part of a group of vehicles that were physically connected— (a) with respect to the whole group or with respect to the towing vehicle of the group—the registered operator of the towing vehicle of the group is deemed to have also committed the offence; (b) with respect to a trailer forming part of the group at the relevant time—the registered operator of the towing vehicle and the registered operator (if any) of the trailer are each deemed to have also committed the offence. (4) The registered operator has the benefit of any defences available to the operator. (5) Sub-sections (2) and (3) do not apply if the registered operator gives the Corporation a statutory declaration containing the information required by the regulations for the purposes of this section, including the name and address of the operator of the vehicle at the time of the offence, and does so within the time, and in the manner, specified in those regulations. (6) This section does not affect the liability of the actual operator of the vehicle. (7) A person who is found guilty of an offence arising under this section is liable to the penalty for that offence. s. 41 -- 110 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 104 202. Double jeopardy not to occur Nothing in this Division is intended to have the effect of making a person liable to conviction more than once in relation to particular conduct that constitutes a relevant heavy vehicle offence. Division 4—Additional Powers of Courts 203. Court may impose period of disqualification from registration (1) This section applies if a court convicts, or finds guilty, a person who is a registered operator of a heavy vehicle of a relevant heavy vehicle offence involving the vehicle, and cancels or suspends the registration of the vehicle. (2) The court may also disqualify the person, or an associate of the person, from registering the vehicle for a specified period. (3) If the court considers that another person who is not present in court may be substantially affected by such a disqualification, the court must issue a summons to that other person to show cause why the disqualification should not be imposed. (4) On the return of the summons, the court may, after hearing the evidence brought before it— (a) take no further action; or (b) order the Corporation not to register the vehicle again for the period specified by the court. s. 41 -- 111 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 105 (5) A court must cause a copy of any order made under sub-section (4)(b) to be sent immediately to the Corporation. 204. Commercial benefits penalty orders (1) This section applies if a court finds a person guilty of a relevant heavy vehicle offence. (2) On the application of the prosecutor or the Corporation, the court may order the person to pay, as a fine, an amount not exceeding 3 times the amount estimated by the court to be the gross commercial benefit that— (a) was received or receivable, by the person or by an associate of the person, from the commission of the offence; and (b) in the case of a journey that was interrupted or not commenced because of action taken by an inspector in connection with the commission of the offence—would have been received or receivable, by the person or by an associate of the person, from the commission of the offence had the journey been completed. (3) In estimating the gross commercial benefit that was, or that would have been, received or receivable from the commission of the offence, the court may take into account— (a) benefits of any kind, whether monetary or otherwise, that were received, to be received or likely to be received, for transporting the goods; and s. 41 -- 112 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 106 (b) any other matters that it considers relevant, including (for example)— (i) the value of any goods involved in the offence; and (ii) the distance over which any such goods were, or were to be, carried; and (iii) the value per tonne per kilometre of transporting the goods. (4) However, in estimating the gross commercial benefit that was, or that would have been received or receivable from the commission of the offence, the court is required to disregard any costs, expenses or liabilities incurred by the person or by an associate of the person. (5) Nothing in this section prevents the court from ordering payment of an amount that is— (a) less than 3 times the estimated gross commercial benefit; or (b) less than the estimated gross commercial benefit. (6) The court may make an order under this section in addition to, or instead of, any other penalty it may impose on the person in respect of the offence. s. 41 -- 113 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 107 205. Supervisory intervention orders (1) This section applies if— (a) a court finds a person guilty of a relevant heavy vehicle offence; and (b) the court considers the person to be a person who systematically or persistently commits relevant heavy vehicle offences. (2) On the application of the prosecutor or the Corporation, the court may order the person (at the person's own expense and for a specified period not exceeding one year) to do any or all of the following— (a) to do specified things that the court considers will reduce the number of relevant heavy vehicle offences the person commits, including (for example)— (i) appointing or removing staff to or from particular activities or positions; (ii) training and supervising staff; (iii) obtaining expert advice as to how to avoid committing the offences; (iv) installing monitoring, compliance, managerial or operational equipment (including, for example, intelligent transport system equipment); (v) implementing monitoring, compliance, managerial or operational practices, systems or procedures; s. 41 -- 114 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 108 (b) to conduct specified monitoring, compliance, managerial or operational practices, systems or procedures subject to the direction of the Corporation or a person nominated by the Corporation; (c) to furnish compliance reports to the Corporation; (d) to appoint a person to have responsibility for— (i) assisting the person to avoid committing relevant heavy vehicle offences; and (ii) monitoring the person's performance in not committing relevant heavy vehicle offences and in complying with the requirements of the order; and (iii) furnishing compliance reports to the Corporation. (3) The court may specify matters that are to be dealt with in compliance reports and the form, manner and frequency in which compliance reports are to be prepared and furnished. (4) The court may require that compliance reports or aspects of compliance reports be made public, and may specify the form, manner and frequency in which they are to be made public. (5) The court may only make an order if it is satisfied that the order is capable of reducing the number of relevant heavy vehicle offences the person commits, having regard to— s. 41 -- 115 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 109 (a) the person's ability or willingness to comply with the relevant laws; and (b) the relevant heavy vehicle offences of which the person has been previously found guilty; and (c) the relevant heavy vehicle offences for which the person has been proceeded against by way of unwithdrawn infringement notices; and (d) any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with road transport. (6) The order may direct that any other penalty or sanction imposed for the offence by the court is suspended until the court determines that there has been a substantial failure to comply with the order. (7) The court may revoke or amend an order made under this section on the application of— (a) the Corporation; or (b) the person in respect of whom the order was made— but only if the court is satisfied that there has been a change of circumstance warranting the revocation or amendment. s. 41 -- 116 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 110 (8) In this section, a "compliance report", in relation to a person in respect of whom an order is made, is a report on— (a) the performance of the person in complying with— (i) the laws specified in the order (being laws that create relevant heavy vehicle offences); and (ii) the requirements of the order; and (b) without limiting paragraph (a)— (i) things done by the person to ensure that the person does not continue to commit relevant heavy vehicle offences; and (ii) the results of those things having been done. 206. Contravention of supervisory intervention order A person who is subject to an order made under section 205 must comply with the order. Penalty: 600 penalty units, in the case of a corporation; 120 penalty units, in any other case. 207. Prohibition orders (1) This section applies if— (a) a court finds a person guilty of a relevant heavy vehicle offence; and (b) the court considers the person to be a person who systematically or persistently commits relevant heavy vehicle offences; and s. 41 -- 117 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 111 (c) the court does not consider it appropriate to make an order under section 205 in respect of the person. (2) On the application of the prosecutor or the Corporation, the court may make an order prohibiting the person, for a specified period, from having a specified role or responsibilities associated with road transport. (3) The purpose of the order is to restrict opportunities for the person to commit, or be involved in the commission of, further relevant heavy vehicle offences. (4) The court may only make the order if it is satisfied that the person should not continue the things that are the subject of the proposed order. (5) The court cannot make an order under this section that prohibits the person from driving or registering a vehicle. (6) The court may revoke or amend an order made under this section on the application of— (a) the Corporation; or (b) the person in respect of whom the order was made— but only if the court is satisfied that there has been a change of circumstance warranting the revocation or amendment. s. 41 -- 118 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 112 208. Contravention of prohibition order A person who is subject to an order made under section 207 must comply with the order. Penalty: 600 penalty units, in the case of a corporation; 120 penalty units, in any other case. Division 5—Improvement Notices 209. Improvement notices (1) This section applies if an inspector is of the opinion that a person— (a) is committing a relevant heavy vehicle offence; or (b) has committed a relevant heavy vehicle offence in circumstances that make it likely that the offence will continue or be repeated. (2) The inspector may issue to the person an improvement notice requiring the person to take specified action within a specified period to stop the offence from continuing or occurring again. (3) The person must comply with the notice within the period specified in the notice, unless the person has a reasonable excuse for not doing so. Penalty: 600 penalty units, in the case of a corporation; 120 penalty units, in any other case. s. 41 -- 119 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 113 (4) The period specified for the purposes of sub- section (2) must not be less than 7 days, unless it would be reasonably practicable for the person to comply with the notice within a shorter period. (5) Before issuing an improvement notice, the inspector must consult with the person to whom the notice is to be issued. (6) In addition to specifying the action to be taken and the period within which it is to be taken, an improvement notice must— (a) specify the grounds on which it is issued (including an identification of the relevant heavy vehicle offence that, in the opinion of the inspector, is being or has been committed); and (b) set out the rights of the person to appeal against the notice. (7) In specifying the action that is to be taken under an improvement notice, the inspector— (a) may refer to any applicable code of practice; and (b) may offer the person to whom the notice is issued a choice of ways in which to stop the offence, or to avoid future offences. s. 41 -- 120 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 114 210. Amendment of improvement notices (1) An improvement notice may be amended by the person who issued it. (2) An improvement notice may also be amended— (a) in the case of a notice issued by an inspector who is an authorised officer, by any other authorised officer; (b) in the case of a notice issued by an inspector who is a member of the police force, by any other member of the police force. (3) The person amending an improvement notice must serve details of the amendment on the person to whom the notice was issued as soon as is practicable after making the amendment. (4) An amendment of an improvement notice is ineffective if it purports to deal with an offence that is different to the offence in respect of which the improvement notice was issued. (5) A notice of an amendment of an improvement notice must— (a) state the reasons for the amendment; and (b) include information about how to appeal against the notice; and (c) state that it is issued under this section. s. 41 -- 121 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 115 211. Cancellation of improvement notices (1) An improvement notice may be cancelled— (a) in the case of a notice issued by an inspector who is an authorised officer, by the Corporation; (b) in the case of a notice issued by an inspector who is a member of the police force— (i) by the Chief Commissioner of Police; or (ii) by a member of the police force who is senior in rank to the member who served the notice. (2) The person cancelling an improvement notice must serve, or cause to be served, notice of the cancellation on the person to whom the notice was issued as soon as is practicable after cancelling the notice. 212. Appeals against notices (1) A person to whom an improvement notice is issued may, within 7 days after the notice is issued, appeal in writing against the notice to the Magistrates' Court. (2) If an improvement notice is amended, the person to whom the notice was issued may, within 7 days after receiving written notice of the amendment, appeal in writing against the amendment to the Magistrates' Court. (3) After inquiring into the circumstances relating to the notice or amendment, the Court may— (a) in the case of an appeal under sub- section (1)— (i) affirm the notice; or s. 41 -- 122 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 116 (ii) affirm the notice with any changes it considers appropriate; or (iii) cancel the notice; (b) in the case of an appeal under sub- section (2)— (i) affirm the amendment; or (ii) affirm the amendment with any changes it considers appropriate; or (iii) cancel the amendment. (4) On the lodging of an appeal under sub- section (1), the operation of the notice is suspended. (5) On the lodging of an appeal under sub- section (2), the operation of the amendment is suspended. (6) Section 209(3) applies with respect to any improvement notice affirmed by the Court (whether with or without changes). Division 6—Recognition of Certain Non- Victorian Matters 213. Effect of administrative actions of authorities of other jurisdictions (1) In this section— "administrative action" means an action of an administrative nature, as in force from time to time, that is specified by the regulations for the purposes of this section; s. 41 -- 123 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 117 "administrative authority" means— (a) any corresponding Authority; or (b) a person holding an office constituted by or under the law of another jurisdiction that is specified by the regulations for the purposes of this paragraph; or (c) a body constituted by or under the law of another jurisdiction that is specified by the regulations for the purposes of this paragraph; "corresponding law" means a law of another jurisdiction that creates offences in that jurisdiction that correspond to relevant heavy vehicle offences, and includes any other parts of that law that relate to the offences created. (2) An administrative action of an administrative authority under or in connection with a relevant law has the same effect in Victoria as it has in the jurisdiction of the administrative authority. (3) Nothing in this section gives an administrative action effect in Victoria or in a particular place in Victoria— (a) in so far as the action is incapable of having effect in or in relation to Victoria or that place; or (b) if any terms of the action expressly provide that the action does not extend or apply to, or in relation to, Victoria or that place; or s. 41 -- 124 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 118 (c) if any terms of the action expressly provide that the action has effect only in the jurisdiction of the administrative authority or in a specified place in that jurisdiction. 214. Effect of court orders of other jurisdictions (1) In this section— "corresponding law" has the same meaning as it has in section 213; "order" means an order in any judicial or other proceedings, civil or criminal, as in force from time to time, that is specified by the regulations for the purposes of this section. (2) An order of a court or tribunal of another jurisdiction under or in connection with a corresponding law has the same effect in Victoria as it has in the jurisdiction of the court or tribunal. (3) Nothing in this section gives an order effect in Victoria or in a particular place in Victoria— (a) in so far as the order is incapable of having effect in or in relation to Victoria or that place; or (b) if any terms of the order expressly provide that the order does not extend or apply to, or in relation to, Victoria or that place; or (c) if any terms of the order expressly provide that the order has effect only in the jurisdiction of the court or tribunal or a specified place in that jurisdiction. s. 41 -- 125 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 119 Division 7—Defences 215. Sudden or extraordinary emergency It is a defence to a charge for a relevant heavy vehicle offence if the person charged had a reasonable belief at the time the conduct constituting the offence occurred— (a) that circumstances of sudden or extraordinary emergency existed; and (b) that the conduct was the only reasonable way to deal with the emergency; and (c) that the conduct was a reasonable response to the emergency. 216. Lawful authority It is a defence to a charge for a relevant heavy vehicle offence if the person charged establishes that the conduct constituting the offence is authorised or excused by or under a law. 217. Special defence for owners or operators It is a defence to a charge for a relevant heavy vehicle offence alleged to have been committed by a person as an owner or operator of a vehicle if the person charged establishes that the vehicle was being used at the relevant time by— (a) an employee of the person charged who was acting at the relevant time outside the scope of the employment; or (b) an agent (in any capacity) of the person charged who was acting at the relevant time outside the scope of the agency; or s. 41 -- 126 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 120 (c) any other person who was not entitled (whether by express or implied authority or otherwise) to use it. 218. Other defences The specification of a defence in this Part does not affect the availability of any other defence to a charge that is available to the person charged. Division 8—Evidentiary Matters 219. Imputation of state of mind of consignee body corporate, employer etc. (1) This section only applies to proceedings for an offence against section 176 involving a breach of a mass, dimension or load restraint limit or requirement by a heavy vehicle. (2) If it is necessary in the proceedings to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show— (a) that the conduct was engaged in by a director, employee or agent of the body corporate while acting within the scope of his or her actual or apparent authority; and (b) that the director, employee or agent had the relevant state of mind. (3) If it is necessary in the proceedings to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show— (a) that the conduct was engaged in by an employee or agent of the person while acting within the scope of his or her actual or apparent authority; and s. 41 -- 127 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 121 (b) that the employee or agent had the relevant state of mind. (4) In this section— "director" of a body corporate includes a constituent member of a body corporate incorporated for a public purpose by a law of any jurisdiction; "state of mind" of a person includes— (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person's reasons for the intention, opinion, belief or purpose. 220. Evidence regarding manufacturer's ratings (1) This section applies to proceedings in relation to a relevant heavy vehicle offence. (2) A statement in writing purporting to be made by the manufacturer of a vehicle, or a component of a vehicle, regarding the mass rating of the vehicle or component determined by the manufacturer is admissible in any proceedings and, in the absence of evidence to the contrary, is proof— (a) of the mass rating; and (b) of any conditions to which the rating is subject that are included in the statement; and (c) that the statement was made by the manufacturer of the vehicle or component. s. 41 -- 128 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 122 (3) A statement in writing purporting to be made by the manufacturer of load restraint equipment designed for use on a vehicle (or a component of a vehicle) regarding the strength or performance rating of the equipment determined by the manufacturer is admissible in any proceedings and, in the absence of evidence to the contrary, is proof— (a) of the strength or performance rating of the equipment; and (b) that the equipment was designed for that use; and (c) of any conditions to which the rating is subject that are included in the statement; and (d) that the statement was made by the manufacturer of the equipment. 221. Transport documentation and journey documentation (1) Transport documentation or journey documentation is admissible in any proceedings in relation to the commission of a relevant heavy vehicle offence and, in the absence of evidence to the contrary, is proof— (a) of the identity and status of the parties to the transaction to which it relates; and (b) of the destination or intended destination of the load to which it relates. s. 41 -- 129 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 123 (2) For the purposes of sub-section (1), the status of a party includes a reference to the party's status as a responsible person in relation to the transaction. 222. Evidence of facts relevant to prosecutions (1) The statement in writing of a fact that relates to any matter that is relevant to a prosecution for a relevant heavy vehicle offence and that is made by any of the following is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the fact— (a) the Corporation, or any corresponding Authority; (b) a person who is an authorised officer (however described) under any Australian road or transport law; (c) a member (however described) of the police force or police service of any Australian jurisdiction. (2) In a prosecution for a relevant heavy vehicle offence, a statement or allegation in a complaint or charge made by the person bringing the proceedings that specified conduct occurred in a specified place, at a specified time, on a specified date or during a specified period is admissible in evidence in the proceedings and, in the absence of evidence to the contrary, is proof of the facts set out in the statement or allegation. (3) This section is intended to supplement, rather than to limit, section 84. __________________'. s. 41 -- 130 of 161 -- Victorian Legislation and Parliamentary Documents Part 7—Amendments to the Road Safety Act 1986 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 124 42. Minor amendments In the Road Safety Act 1986— (a) in section 5AD(5), for "that owner" substitute "the owner of those rights"; (b) section 96(1)(c) is repealed. 43. Regulations concerning pilot vehicle drivers At the end of Schedule 2 to the Road Safety Act 1986 insert— "Certification of pilot vehicle drivers 78. Regulating the operation of pilot vehicles. 79. Requiring the drivers of pilot vehicles to be certified. 80. Applications for a pilot vehicle driver certificate, or for the variation, renewal or extension of such a certificate; the dates by which applications must be made; and the information and evidence to accompany applications. 81. Requirements to be complied with before a pilot vehicle driver certificate may be granted, varied or renewed, including requirements concerning the driving records of applicants. 82. The conditions on which a pilot vehicle driver certificate may be granted, varied or renewed. 83. Authorising the Corporation to issue directions to the holders of pilot vehicle driver certificates. 84. Recognising pilot vehicle driver certificates issued by other jurisdictions. 85. The grounds on which a pilot vehicle driver certificate may be cancelled, suspended or varied by the Corporation; the procedures to be followed in such cases; and rights of review in such cases. 86. Doing anything else in relation to a pilot vehicle driver certificate that can be done in relation to a driver licence or permit.". __________________ s. 42 -- 131 of 161 -- Victorian Legislation and Parliamentary Documents Part 8—Amendments to the Road Safety (Drug Driving) Act 2003 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 125 PART 8—AMENDMENTS TO THE ROAD SAFETY (DRUG DRIVING) ACT 2003 44. Statute law revision (1) In section 7(4A)(b) of the Road Safety (Drug Driving) Act 2003, for "paragraph (d)(ii)" substitute "paragraph (d)(iii)". Note: This section was deemed to come into operation on 16 June 2004—see section 2(7). (2) In section 9 of the Road Safety (Drug Driving) Act 2003, for "section 50AAA(3)" substitute "50AAA(3A)". Note: This section was deemed to come into operation on 9 December 2003—see section 2(8). __________________ See: Act No. 111/2003 (as amended by No. 49/2004). Statute Book: www.dms. dpc.vic. gov.au s. 44 -- 132 of 161 -- Victorian Legislation and Parliamentary Documents Part 9—Amendments to the Sentencing Act 1991 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 126 PART 9—AMENDMENTS TO THE SENTENCING ACT 1991 45. Alcohol interlocks (1) For section 89B(2)(a) of the Sentencing Act 1991 substitute— "(a) in the case of a direction under section 89A(2), at least 6 months after the condition is imposed; or". (2) In sections 89B(1) and 89C(1) of the Sentencing Act 1991, for "or (3)(b)" substitute ", 89A(3)(b) or 89A(4)". (3) In section 89C(1)(b) of the Sentencing Act 1991— (a) after "89A(3)(b)" insert "or 89A(4)"; (b) for "the minimum period set out in section 89B(2)(a) or (b) (whichever applies)" substitute "3 years". __________________ See: Act No. 49/1991. Reprint No. 7 as at 1 January 2004 and amending Act Nos 2/2002, 13/2003, 53/2003, 10/2004, 20/2004, 49/2004, 59/2004, 65/2004 and 72/2004. LawToday: www.dms. dpc.vic. gov.au s. 45 -- 133 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 127 PART 10—AMENDMENTS TO THE TRANSPORT ACT 1983 46. Insertion of sections 115A–115C After section 115 of the Transport Act 1983 insert— "115A. Accreditation following direction Despite section 114(d), the Secretary may accredit a person as an operator of rolling stock even though the person does not have the agreement referred to in that section if the Secretary has directed the person under section 115B to give effect to any arrangements specified by the Secretary. 115B. Secretary may give directions concerning arrangements between manager and intending operator (1) This section applies if— (a) the Secretary is satisfied that a person who has applied for accreditation as an operator of rolling stock has made a reasonable attempt to obtain the agreement required by section 114(d) from the manager of the rail infrastructure of the railway on which the person proposes to operate rolling stock; and (b) the Secretary is satisfied that the manager is unreasonably refusing to enter such an agreement, or is otherwise unreasonably delaying the negotiation of such an agreement. (2) The Secretary may issue a written notice to the person and the manager. See: Act No. 9921. Reprint No. 10 as at 1 July 2004 and amending Act Nos 54/2002, 69/2003, 94/2003 and 101/2003. LawToday: www.dms. dpc.vic. gov.au s. 46 -- 134 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 128 (3) A notice under sub-section (2)— (a) must warn the parties of the Secretary's powers under this section; and (b) must warn the parties that the Secretary may issue a direction under sub- section (4) at any time after a specified date; and (c) must contain a copy of this section and section 115A; and (d) may contain suggested terms concerning the safe operation of the rolling stock. (4) If a notice is given specifying a date under sub-section (3)(b) and no agreement has been entered by or on that date, the Secretary— (a) may determine the arrangements that are to apply to enable the safe operation of the rolling stock; and (b) may direct either or both parties to give effect to the arrangements; and (c) may specify by when a direction must be complied with. (5) A direction under sub-section (4)— (a) must be in writing; and (b) must set out any arrangements determined by the Secretary under that sub-section; and (c) must be accompanied by a copy of this section and section 115A. (6) A person who is given a direction under sub- section (4) must comply with the direction. Penalty: 100 penalty units. s. 46 -- 135 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 129 (7) If a person is guilty of an offence against sub-section (6), the person is guilty of a further offence in respect of each day after the day on which the initial offence was committed during which the person fails to comply with the direction, and is liable to a penalty of up to 100 penalty units for each such further offence. (8) This section applies regardless of when the relevant application for accreditation was made. 115C. Secretary not liable for certain acts or omissions under section 115B (1) The Secretary is not personally liable for anything done or omitted to be done in good faith— (a) in exercising any of the Secretary's powers under section 115B; or (b) in the reasonable belief that the act or omission was in the exercise of a power under section 115B. (2) Any liability resulting from an act or omission that would but for sub-section (1) attach to the Secretary attaches to the State of Victoria.". 47. Review by Tribunal After section 129B(1)(b) of the Transport Act 1983 insert— "(ba) a notice or direction under section 115B; or". s. 47 -- 136 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 130 48. Circumstances in which interstate commercial passenger vehicle may operate on highways (1) In section 139(1) of the Transport Act 1983, for "sub-section (1A)" substitute "sub-sections (1A) and (1B)". (2) After section 139(1A) of the Transport Act 1983 insert— "(1B) A vehicle that is permitted under the laws of another State or Territory to operate as the equivalent of a commercial passenger vehicle may operate on a highway, if, in accordance with those laws— (a) it is used to pick up a passenger in that other State or Territory and to take the passenger to a destination in Victoria, and it operates on the highway solely for that purpose; or (b) having been pre-booked to do so, it is used to pick up a passenger in Victoria for the purpose of taking the passenger to a destination in that other State or Territory, and it operates on the highway solely for that purpose; or (c) it is used to pick up a passenger in a State or Territory other than Victoria and to take the passenger to a destination in a State or Territory other than Victoria, and it operates on the highway solely for that purpose. (1C) Sub-section (1B) does not apply to a vehicle that is being used to operate a road transport passenger service within the meaning of the Public Transport Competition Act 1995.". s. 48 -- 137 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 131 (3) After section 156(5) of the Transport Act 1983 insert— "(6) Despite anything to the contrary in this section, it is not necessary for a driver to hold a driver's certificate under this section if— (a) he or she is driving a vehicle that is permitted under the laws of another State or Territory to operate as the equivalent of a commercial passenger vehicle; and (b) he or she is driving the vehicle in Victoria in the circumstances set out in section 139(1B).". 49. Transfers of licences After section 149(3) of the Transport Act 1983 insert— '(3A) In addition to sub-section (3), the licensing authority may authorize the transfer of a taxi- cab licence if— (a) a relevant dealing is a dealing of a kind or a class, and related information is information of a kind or class, that is required under the regulations to be, as the case requires, conducted, recorded or disclosed in accordance with— (i) the rules of a securities exchange or other system specified by the Secretary; or (ii) a method or rules specified by the Secretary; and s. 49 -- 138 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 132 (b) the licensing authority is satisfied that— (i) the relevant dealing has been so conducted, recorded or disclosed; and (ii) the related information has been so recorded or disclosed. (3B) In sub-section (3A)— "relevant dealing" means a dealing for or in connection with the transfer of a taxi- cab licence; "related information" means information relating to a relevant dealing or necessary to enable a relevant dealing to be conducted.'. 50. Assignments After section 150(2) of the Transport Act 1983 insert— '(2A) Without limiting sub-section (2), the licensing authority may grant an application if— (a) a relevant dealing is a dealing of a kind or a class, and related information is information of a kind or class, that is required under the regulations to be, as the case requires, conducted, recorded or disclosed in accordance with— (i) the rules of a securities exchange or other system specified by the Secretary; or (ii) a method or rules specified by the Secretary; and s. 50 -- 139 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 133 (b) the licensing authority is satisfied that— (i) the relevant dealing has been so conducted, recorded or disclosed; and (ii) the related information has been so recorded or disclosed. (2B) In sub-section (2A)— "relevant dealing" means a dealing for or in connection with the assignment of the right to operate a vehicle under a taxi- cab licence; "related information" means information relating to a relevant dealing or necessary to enable a relevant dealing to be conducted.'. 51. Regulation-making powers—trading in taxi-cab licences (1) In section 162(1)(ma) of the Transport Act 1983— (a) sub-paragraphs (iii) and (v) are repealed; and (b) in sub-paragraph (iv), after "provided" insert "by a person trading in taxi-cab licences". (2) After section 162(1)(ma) of the Transport Act 1983 insert— "(mb) authorising a person, or class of person, to trade in taxi-cab licences (within the meaning of section 150A) in specified circumstances; s. 51 -- 140 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 134 (mc) specifying dealings or classes of dealings for or in connection with the transfer of taxi-cab licences or the assignment of rights to operate vehicles under taxi-cab licences that must be conducted, recorded or disclosed in accordance with— (i) the rules of a securities exchange or other system specified by the Secretary; or (ii) a method or rules specified by the Secretary; (md) specifying information or classes of information— (i) relating to dealings or classes of dealings referred to in paragraph (mc); or (ii) necessary to enable dealings or classes of dealings referred to in paragraph (mc) to be conducted— that must be recorded or disclosed in accordance with the rules of a securities exchange or other system specified by the Secretary, or a method or rules specified by the Secretary; (me) enabling the Secretary to specify a securities exchange or other system or a method or rules referred to in paragraphs (mc) and (md);". s. 51 -- 141 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 135 52. Other conditions of tow truck licences (1) In section 175A of the Transport Act 1983— (a) in sub-section (2)(a), for "or" substitute "and"; (b) for sub-section (3)(c) substitute— "(c) the scheme and the code of practice otherwise comply with the regulations."; (c) in sub-section (6), for "Sub-sections (4) and (5) do" substitute "Sub-section (4) does"; (d) in sub-section (7), for "sub-sections (4) and (5)" substitute "sub-section (4)". (2) For sections 175A(4) and 175A(5) of the Transport Act 1983 substitute— "(4) If the licensing authority makes a determination under sub-section (2), it is an implied condition of an accident towing licence or a heavy accident tow truck towing licence (as the case may be) that the holder of the licence— (a) be accredited to operate in the towing industry under the accreditation scheme specified in the determination; and (b) must observe the provisions of the code or codes of practice specified in the determination.". (3) In section 175B of the Transport Act 1983— (a) in sub-section (1), for "section 175A(2)(a)" substitute "section 175A(2)"; (b) in sub-section (2), for "Section 175A(4)" substitute "Section 175A(4)(a)". s. 52 -- 142 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 136 (4) In section 175C of the Transport Act 1983— (a) in sub-section (1), for "section 175A(2)(b)" substitute "section 175A(2)"; (b) in sub-section (4), for "Section 175A(5)" substitute "Section 175A(4)(b)". (5) In section 175D(2) of the Transport Act 1983, for "Sections 175A(4) and 175A(5) do" substitute "Section 175A(4) does". 53. Insertion of Division 10 into Part VI After Division 9 of Part VI of the Transport Act 1983 insert— 'Division 10—Events Affecting Public Transport 192. Meaning of "event" and "organiser" (1) In this Division, an "event" is a gathering of people for a common purpose or purposes that is organised by a person or body. (2) For the purposes of this Division, the "organiser" of an event is the person or body that is primarily responsible for organising the event. 193. Events to which this Division applies This Division only applies to an event if it is reasonable to expect that the event will require the deviation, delay, replacement, supplementation or cancellation of a regular public transport service provided by a passenger transport company or a bus company. s. 53 -- 143 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 137 194. Meaning of "regular public transport service" For the purposes of this Division, a public transport service is regular if it is scheduled to occur on a regular basis at fixed times or frequencies on fixed routes. 195. Organiser must give notice of proposed event (1) The organiser of an event must notify the Director that the event is to be held— (a) in the case of an event that is reasonably expected to attract an attendance of no more than 10 000 people, at least 120 days before the event starts, if the date of the event is set or known by the organiser at least 120 days before the event is to start; or (b) in the case of an event that is reasonably expected to attract an attendance of more than 10 000 people, at least 150 days before the event starts, if the date of the event is set or known by the organiser at least 150 days before the event is to start; or (c) as soon as is practicable after the date of the event is set or known by the organiser, if that date is only set or known less than 120 or 150 days (as the case may be) before the event is to start. s. 53 -- 144 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 138 (2) The notification of the event— (a) must be made in writing; and (b) must contain a description of the event and any other details required by the Director by notice published in the Government Gazette. 196. Director may ask that a public transport plan be submitted After receiving notification of an event, the Director may, after consultation with each municipal council in whose municipal district the event is to be held, ask the organiser of the event to submit a public transport plan for the event to the Director. 197. Public transport plans (1) A public transport plan is a document that identifies the impact an event is expected to have on regular public transport services and that sets out— (a) the measures by which it is proposed to mitigate that impact; and (b) any proposals to modify the affected services to provide for any additional public transport needs generated by the event. (2) Without limiting the generality of sub- section (1), a public transport plan must address the following issues arising from the event to the extent that they contribute to the impact of the event on public transport— (a) the management of vehicular traffic; (b) the management of the movement of pedestrians; s. 53 -- 145 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 139 (c) the provision of public transport services; (d) the safety of people in relation to public transport services; (e) the provision of access by emergency services to, or through the area affected by, the event; (f) the maintenance of access to public transport services from properties in, or next to, the area affected by the event; (g) the existence, or provision, of parking facilities. 198. Preparation of public transport plans (1) If the organiser of an event is asked by the Director to prepare a public transport plan for the event, the organiser must— (a) advise all affected passenger transport companies and bus companies of the event and its expected impact, and seek proposals from them as to how to deal with that impact; and (b) in the light of those proposals, attempt to negotiate an agreement with those companies on how to deal with that impact; and (c) consult, in respect of the plan, with— (i) all affected municipal councils; and (ii) if asked by the Director, with the Director. s. 53 -- 146 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 140 (2) If the organiser of an event seeks a proposal from a passenger transport company or bus company under sub-section (1), the company must take all reasonable steps to provide a reasonable proposal and must attempt to negotiate an agreement with the organiser as to how to deal with the impact of the event on its regular public transport services. 199. By when public transport plans to be submitted (1) If asked to provide a public transport plan to the Director under this Division, an event organiser must submit the plan to the Director— (a) if notification of the event was given to the Director under section 195(1)(a) or 195(1)(b), at least 60 days before the event is to start; or (b) if notification of the event was given to the Director under section 195(1)(c), by the date specified by the Director. (2) In specifying a date for the purposes of sub- section (1)(b), the Director must ensure, having regard to the time available before the event is to start, that the date specified will enable the organiser to have sufficient time to prepare the plan. 200. Director may impose fee (1) The Director may, by notice published in the Government Gazette, set a fee that is to be paid by an event organiser who submits a public transport plan to the Director. (2) If the Director has set a fee under sub- section (1), an event organiser who submits a public transport plan to the Director must pay the fee to the Director. s. 53 -- 147 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 141 (3) If the Director has set a fee under sub- section (1), he or she may refuse to consider a public transport plan until the fee payable in relation to the plan has been paid. 201. Alternative arrangements if time limited (1) This section applies if— (a) the Director receives notification of an event under section 195(1)(c); and (b) in the opinion of the Director— (i) it would be desirable to minimise the impact the event will have on regular public transport services; but (ii) there is insufficient time to require the organiser of the event to submit a public transport plan for the event. (2) The Director may require the organiser of the event, for the purpose, in the time available, of minimising the impact the event will have on regular public transport services, or of providing for any additional public transport needs that may be generated by the event, to do all or any of the following— (a) to liaise with specified passenger transport companies or bus companies; or (b) to attend meetings organised by the Director; or (c) to take any other action specified by the Director. s. 53 -- 148 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 142 202. Director may waive or reduce time limits (1) The Director may waive or reduce any time limit referred to in section 195 or 199. (2) The Director must exercise the power conferred by this section reasonably. 203. Approval of public transport plans (1) The Director must approve or not approve a public transport plan that has been submitted to him or her. (2) In approving a public transport plan, the Director may impose conditions to which his or her approval is subject. (3) Without limiting the generality of sub- section (2), the Director may make the approval of a plan subject to the condition that the event organiser who submitted the plan meet all or part of any net additional costs incurred by the Department or a passenger transport company or bus company as a result of the holding of the event. 204. Consequences of a failure to comply with this Division (1) This section applies if an event to which this Division applies is held and the organiser of the event— (a) fails to comply with section 195; or (b) fails to submit a public transport plan to the Director after being asked to do so; or (c) fails to comply with any conditions to which the approval of a public transport plan is subject; or s. 53 -- 149 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 143 (d) unreasonably fails to comply with any requirements imposed by the Director under section 201. (2) This section also applies if an event to which this Division applies is held after— (a) the Director has refused to approve a public transport plan submitted to the Director in relation to the event; or (b) a public transport plan is submitted to the Director, but it is not approved either because— (i) it was not submitted in accordance with this Division; or (ii) any fee payable in relation to the plan was not paid— and no such plan approved by the Director exists at the time the event is held. (3) The Director may recover from the organiser as a debt the whole or part of any net additional costs incurred by the Department or a passenger transport company or bus company as a result of the holding of the event or of the breach of conditions. (4) If the Director recovers under this section any costs incurred by a passenger transport company or bus company, the Director must remit those costs, less any reasonable costs incurred by the Director in recovering the costs, to the company as soon as is practicable after receiving them. (5) Except as provided by this section, the organiser of an event is not otherwise liable either criminally or civilly for any failure to comply with this Division. s. 53 -- 150 of 161 -- Victorian Legislation and Parliamentary Documents Part 10—Amendments to the Transport Act 1983 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 144 (6) The organiser of an event is not liable to be stopped from holding the event by way of injunction merely because there has been a failure to comply with this Division in respect of the event.'. 54. Police may also weigh vehicles In section 217(1) of the Transport Act 1983, after "in writing so to do" insert "or any member of the police force". 55. Clarification of ticket inspection provision (1) Omit the penalty at the foot of section 221(4A) of the Transport Act 1983. (2) After section 221(4A) of the Transport Act 1983 insert— "(4B) A person must comply with a requirement made under sub-section (4A). Penalty: 5 penalty units.". __________________ s. 54 -- 151 of 161 -- Victorian Legislation and Parliamentary Documents Part 11—Amendments to the Transport (Rights and Responsibilities) Act 2003 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 145 PART 11—AMENDMENTS TO THE TRANSPORT (RIGHTS AND RESPONSIBILITIES) ACT 2003 56. Extension of commencement date of amendment in Transport (Rights and Responsibilities) Act 2003 In section 2(3) of the Transport (Rights and Responsibilities) Act 2003, for "30 December 2004" substitute "1 July 2005". 57. Minor amendments In section 6 of the Transport (Rights and Responsibilities) Act 2003— (a) in proposed section 150A(1) of the Transport Act 1983 omit "(1)(ma)"; (b) in proposed section 150A(2)(b) of the Transport Act 1983 omit "transfer of an". __________________ See: Act No. 101/2003. Statute Book: www.dms. dpc.vic. gov.au s. 56 -- 152 of 161 -- Victorian Legislation and Parliamentary Documents Part 12—Amendments to the Port Services Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 146 PART 12—AMENDMENTS TO THE PORT SERVICES ACT 1995 58. Definitions In section 3 of the Port Services Act 1995— (a) insert the following definitions— ' "Central Plan Office" means the Central Plan Office of the Department of Sustainability and Environment; "Station Pier land" means the land shown outlined in black on the plan lodged in the Central Plan Office and numbered OP 119746—A;'; (b) in paragraph (b) of the definition of "port of Melbourne land", for "section 64" substitute "Part 4". 59. Reserved land In section 64(4)(c) of the Port Services Act 1995, after "of the land" insert "and for those purposes is deemed to be an incorporated committee under that Act". 60. Insertion of new sections 65 and 66 After section 64 of the Port Services Act 1995 insert— "65. Station Pier land deemed to be reserved land On and from the commencement of this section, Station Pier land— (a) is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of the port of Melbourne, and the reservation may be amended, revoked s. 58 -- 153 of 161 -- Victorian Legislation and Parliamentary Documents Part 12—Amendments to the Port Services Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 147 and otherwise dealt with in accordance with that Act; and (b) the Port of Melbourne Corporation is deemed to be the committee of management of the land, and, for those purposes, is deemed to be an incorporated committee under that Act. 66. Powers of Port of Melbourne Corporation in relation to reserved Crown land (1) Despite anything to the contrary in the Crown Land (Reserves) Act 1978, the Port of Melbourne Corporation may grant a lease or licence over any land reserved under this Part for which it is the committee of management for any period (of not greater than 25 years) for which the Corporation thinks fit, if that lease or licence is in accordance with the purposes for which the land is reserved. (2) The power to grant a lease or licence under sub-section (1) is in addition to any power the Port of Melbourne Corporation has as a committee of management under the Crown Land (Reserves) Act 1978 to grant a lease or licence under that Act. (3) The Port of Melbourne Corporation has the same powers to manage land reserved under this Part as it has in relation to land in which it has a proprietary interest, including, but not limited to, the power to impose wharfage and channel fees. (4) In exercising a power under sub-section (3) the Port of Melbourne Corporation must not do so inconsistently with— (a) sub-section (1) or (2); or s. 60 -- 154 of 161 -- Victorian Legislation and Parliamentary Documents Part 12—Amendments to the Port Services Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 148 (b) the purposes for which the land is reserved.". 61. Insertion of new Part 17 After Part 16 of the Port Services Act 1995 insert— 'PART 17—STATION PIER—SAVINGS AND TRANSITIONAL 185. Definitions In this Part— "commencement day" means the day on which Part 12 of the Transport Legislation (Amendment) Act 2004 comes into operation; "old body" means the Station Pier Committee of Management Incorporated appointed by Order in Council dated 15 May 2001 and published in the Government Gazette on 17 May 2001 at page 959. 186. Savings and transitional provisions for Station Pier (1) On the commencement day— (a) the reservation of the land described in Schedule 2 is revoked; and (b) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 that applied to the land described in Schedule 2 immediately before the commencement day are revoked, in so far as they apply to that land. s. 61 -- 155 of 161 -- Victorian Legislation and Parliamentary Documents Part 12—Amendments to the Port Services Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 149 (2) This section does not affect the status or continuity of any lease or licence issued and any agreement or arrangement entered into under the Crown Land (Reserves) Act 1978 that applied to that land immediately before the commencement day. (3) Each of the deeds or agreements or purported deeds or agreements described in Schedule 3, purportedly entered into by the old body— (a) is deemed to be and to always have been validly entered into by the old body; and (b) is deemed to continue in force on and from the commencement day, subject to its terms and conditions; and (c) is deemed to have effect on and from the commencement day as if the Port of Melbourne Corporation were substituted for the old body as a party to the deed or agreement (as the case requires); and (d) anything done or purported to have been done under each purported deed or agreement before the commencement day, that would have been validly done if the old body had had the powers conferred on the Port of Melbourne Corporation in relation to Station Pier land by Part 12 of the Transport Legislation (Amendment) Act 2004 at the time at which the thing was done, has and is deemed always to have had, the same force and effect as it would have had if the old body had had those powers at the time at which the thing was done or purported to have been done. s. 61 -- 156 of 161 -- Victorian Legislation and Parliamentary Documents Part 12—Amendments to the Port Services Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 150 187. Transfer of property etc. from old body to Port of Melbourne Corporation Except as otherwise provided in this Act, on and from the commencement day— (a) the old body is abolished; and (b) all rights, property and assets that, immediately before the commencement day were vested in the old body, vest in the Port of Melbourne Corporation; and (c) all debts, liabilities and obligations of the old body existing immediately before the commencement day become debts, liabilities and obligations of the Port of Melbourne Corporation; and (d) the Port of Melbourne Corporation is substituted as a party in any proceedings pending in any court or tribunal to which the old body was a party, immediately before the commencement day; and (e) the Port of Melbourne Corporation is substituted as a party to any contract or arrangement entered into by or on behalf of the old body and in force immediately before the commencement day; and (f) any reference to the old body in any Act or in any proclamation, Order in Council, rule, regulations, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, must be construed as a reference to the Port of Melbourne Corporation.'. s. 61 -- 157 of 161 -- Victorian Legislation and Parliamentary Documents Part 12—Amendments to the Port Services Act 1995 Transport Legislation (Amendment) Act 2004 Act No. 110/2004 151 62. Further amendments to the Port Services Act 1995 The Port Services Act 1995 is amended as set out in the Schedule. __________________ s. 62 -- 158 of 161 -- Victorian Legislation and Parliamentary Documents Transport Legislation (Amendment) Act 2004 Act No. 110/2004 152 SCHEDULE After Schedule 1 to the Port Services Act 1995 insert— "SCHEDULE 2 Situation and area of land Crown Allotment 18, Section 12, City of Port Melbourne, Parish of Melbourne South, 6·867 hectares Instrument and date of reservation Order in Council dated 8 May 2001 Description of land by reference to Government Gazette Government Gazette dated 10 May 2001, page 892 Purpose of reservation Public purposes Extent of reservation All of the land __________________ Sch. -- 159 of 161 -- Victorian Legislation and Parliamentary Documents Transport Legislation (Amendment) Act 2004 Act No. 110/2004 153 SCHEDULE 3 TABLE Parties Location Description of purported deed or agreement Station Pier Committee of Management Incorporated TT-Line Company Pty Ltd (ACN 061 996 174) Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office Lease of land dated 20 May 2003 Station Pier Committee of Management Incorporated TT-Line Company Pty Ltd (ACN 061 996 174) Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office Variation of berthing licence dated 20 May 2003 Station Pier Committee of Management Incorporated TT-Line Company Pty Ltd (ACN 061 996 174) Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office Variation of car parking licence dated 20 May 2003 Station Pier Committee of Management Incorporated Heavenly Pier Pty Ltd (ACN 095 763 330) Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office Lease dated 24 December 2004 Station Pier Committee of Management Incorporated Delicarts Australia Part of the land described in the plan numbered OP 119746—A and lodged in the Central Plan Office Renewal of licence to occupy land dated 14 February 2002 .". ═══════════════ Sch. -- 160 of 161 -- Victorian Legislation and Parliamentary Documents Transport Legislation (Amendment) Act 2004 Act No. 110/2004 154 ENDNOTES † Minister's second reading speech— Legislative Assembly: 18 November 2004 Legislative Council: 14 December 2004 The long title for the Bill for this Act was "to amend various Acts relating to transport and for other purposes." Endnotes -- 161 of 161 --