Melbourne City Link (Amendment) Act 2000

i Melbourne City Link (Amendment) Act 2000 Act No. 4/2000 TABLE OF PROVISIONS Section Page 1. Purposes 1 2. Commencement 2 3. Principal Act 2 4. Amendment to definition 2 5. Registration for specified toll zone 2 6. New section 80A inserted 3 80A. Toll administration infringement notice 3 7. Prescribed penalty 3 8. Amendment of section 86 3 9. Amendment of section 89 4 10. Proper records to be maintained by relevant corporation 4 11. Amendment of section 116 5 ═══════════════ NOTES 7 -- 1 of 8 -- 1 Melbourne City Link (Amendment) Act 2000 † [Assented to 28 March 2000] The Parliament of Victoria enacts as follows: 1. Purposes The purposes of this Act are to amend the Melbourne City Link Act 1995— (a) to provide for vehicle registration to be limited to specified toll zones; (b) to provide for infringement notices to be issued in respect of offences relating to toll administration; Victoria No. 4 of 2000 -- 2 of 8 -- Act No. 4/2000 Melbourne City Link (Amendment) Act 2000 2 (c) to make further provision in relation to records to be kept by relevant corporations. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Principal Act In this Act, the Melbourne City Link Act 1995 is called the Principal Act. 4. Amendment to definition In section 3 of the Principal Act, in the definition of "enforcement officer" after "section 79" insert "and includes, in relation to an infringement notice issued under section 80A, a person authorised under section 116(1A)". 5. Registration for specified toll zone (1) In section 73(1) of the Principal Act, after "Part" insert "in respect of that toll zone". (2) In section 73(3) of the Principal Act, after "Part" insert "in respect of the relevant toll zone". (3) In section 73A(2) of the Principal Act, after paragraph (c) insert— "; or (d) in respect of all toll zones or a specified toll zone or toll zones.". (4) In section 73D(1) of the Principal Act, after paragraph (f) insert— "(g) the toll zone or zones in respect of which the vehicle has been or will be registered.". (5) In section 73D(2)(a) of the Principal Act, for "(c) or (f)" substitute "(c), (f) or (g)". s. 2 No. 107/1995. Reprint No. 3 as at 1 July 1999. -- 3 of 8 -- Act No. 4/2000 Melbourne City Link (Amendment) Act 2000 3 (6) In section 77(1) of the Principal Act— (a) after "not registered under this Part" insert "in respect of a particular toll zone"; (b) for "a toll zone" substitute "that toll zone"; (c) in paragraph (a), after "Part" insert "in respect of that toll zone". 6. New section 80A inserted After section 80 of the Principal Act insert— "80A. Toll administration infringement notice (1) If an enforcement officer has reason to believe that a relevant agency (other than the enforcement agency) has committed an offence against section 90A(2) or 92(1) or (3), he or she may cause an infringement notice to be served on that relevant agency. (2) An infringement notice issued under this section must be served by sending it by post addressed to the relevant agency.". 7. Prescribed penalty (1) In section 82 of the Principal Act, for "this Part" substitute "section 80". (2) At the end of section 82 of the Principal Act insert— "(2) The prescribed penalty for an offence for which an infringement notice is issued under section 80A is $2000.". 8. Amendment of section 86 (1) For section 86(1) of the Principal Act substitute— "(1) The procedure set out in Schedule 7 to the Magistrates' Court Act 1989 may be used s. 6 -- 4 of 8 -- Act No. 4/2000 Melbourne City Link (Amendment) Act 2000 4 instead of commencing a proceeding against— (a) a person for an offence against section 73(1) of this Act; or (b) a relevant agency (other than the enforcement agency) for an offence against section 90A(2) or 92(1) or (3) of this Act.". (2) In section 86(3)(b) of the Principal Act, for "against section 73(1) of this Act" substitute "referred to in sub-section (1)". 9. Amendment of section 89 In section 89(4)(a) of the Principal Act, after "Part" insert "in respect of a specified toll zone". 10. Proper records to be maintained by relevant corporation For section 92(1) of the Principal Act substitute— "(1) A relevant corporation must keep records that correctly record or enable it to be determined or calculated— (a) whether or not the relevant corporation has registered a vehicle under section 73A and, if it has so registered a vehicle— (i) the period of that registration; (ii) the toll zone or zones in respect of which the vehicle is registered; (iii) in the case of registration in accordance with section 73C, the conditions of use notified to the person who sought the registration and the manner in which those s. 9 -- 5 of 8 -- Act No. 4/2000 Melbourne City Link (Amendment) Act 2000 5 conditions were notified to that person; (b) whether, and if so what, information has been given under section 73D(1) to a person who sought registration of a vehicle; (c) any cancellation or suspension by the relevant corporation of a registration and the date and time on which that cancellation or suspension came into operation; (d) whether or not an agreement referred to in section 73B existed or exists between the relevant corporation and a person and, if so, the period for which that agreement had or has force and the terms of that agreement; (e) any toll, fee or charge that has been paid, or that is due, to the relevant corporation under this Part and any amount that stands to the credit of a person in respect of any vehicle registered under this Part; (f) whether or not a vehicle is exempted under section 73(5) from the requirement to be registered under this Part and any conditions of that exemption. Penalty: 100 penalty units.". 11. Amendment of section 116 In section 116(1) of the Principal Act, after paragraph (b) insert— s. 11 -- 6 of 8 -- Act No. 4/2000 Melbourne City Link (Amendment) Act 2000 6 "; or (c) a person authorised by the Minister under sub-section (1A). (1A) The Minister may authorise a person to bring proceedings for an offence against Part 4 or regulations under that Part.". ═══════════════ s. 11 -- 7 of 8 -- Act No. 4/2000 Melbourne City Link (Amendment) Act 2000 7 NOTES † Minister's second reading speech— Legislative Assembly: 16 December 1999 Legislative Council: 15 March 2000 The long title for the Bill for this Act was "to amend the Melbourne City Link Act 1995 and for other purposes." Notes -- 8 of 8 --