Melbourne City Link (Miscellaneous Amendments) Act 2000
i
Melbourne City Link (Miscellaneous Amendments)
Act 2000
Act No. 81/2000
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2—AMENDMENTS TO THE MELBOURNE CITY LINK
ACT 1995 3
3. Purposes 3
4. Definitions 3
5. Objects of the Act 5
6. Repeal of application and interpretive provisions 5
7. Minister to send copy of agreement to Government Printer 5
8. Insertion of new sections 18A and 18B 6
18A. Publication of agreements as amended 6
18B. Agreement as evidence 6
9. Repeal of certain land provisions 7
10. Repeal of certain land management provisions 8
11. Leasing powers for Link road 8
12. Repeal of interim operation provision 8
13. Repeal of reference to licensed land 8
14. Repeal of land use agreements provision 8
15. Repeal of provision applying to licensed land 9
16. Insertion of new section 64A 9
64A. Power to revoke reservations under the Crown Land
(Reserves) Act 1978 9
17. Repeal of provisions relating to application of certain Acts 9
18. Repeal of general provision relating to land 10
19. Repeal of general provision relating to land 10
20. Evidentiary provision 10
21. Temporary registration 10
22. Request for payment of toll 10
23. Disputes in relation to payment of tolls 11
24. Disclosure of information in specified circumstances 12
25. Exception to requirement to destroy records 13
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Section Page
ii
26. Repeal of certain extension project provisions 13
27. Power to declare road over leased land 13
28. Repeal of reference to project area 13
29. Repeal of Independent Reviewer provision 13
30. Repeal of public bodies requirement 14
31. Repeal of references to licensee and licence 14
32. Repeal of references to licensee and licence 14
33. Repeal of certain offence provisions etc. 14
34. Evidentiary provisions and proceedings 14
35. Insertion of new section 116A 15
116A. Service of notices 15
36. Substitution of Part 6 16
PART 6—TRANSITIONAL PROVISIONS 16
119. Effect of agreements—Melbourne City Link
(Miscellaneous Amendments) Act 2000 16
37. Consequential repeal of Schedules 16
PART 3—ABOLITION OF MELBOURNE CITY LINK
AUTHORITY AND CONSEQUENTIAL AMENDMENTS 17
38. Repeal of Melbourne City Link Authority Act 1994 17
39. Transitional provision for Melbourne City Link Authority 17
40. Amendment of the Borrowing and Investment Powers
Act 1987 18
PART 4—AMENDMENTS TO THE MELBOURNE AND
OLYMPIC PARKS ACT 1985 AND OTHER ACTS 19
41. Insertion of new definition of Olympic Park land 19
42. Insertion of new section 31B 19
31B. Reservation of former City Link land 19
43. Amendment of Melbourne City Link (Amendment) Act 1998 20
44. Amendment of the Melbourne and Metropolitan Board of
Works Act 1958 20
45. Amendment of the Transport Act 1983 20
═══════════════
ENDNOTES 21
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1
Melbourne City Link (Miscellaneous
Amendments) Act 2000 †
[Assented to 28 November 2000]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The purposes of this Act are—
(a) to repeal certain provisions of the
Melbourne City Link Act 1995 relating to
land and other matters and to make
miscellaneous amendments to the
Victoria
No. 81 of 2000
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2
Melbourne City Link Act 1995 relating to
the tolling provisions and other matters;
(b) to repeal the Melbourne City Link
Authority Act 1994;
(c) to make amendments to other Acts and any
other necessary provisions.
2. Commencement
(1) This Part and section 43 come into operation on
the day after the day on which this Act receives
the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act 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 31 December
2002, it comes into operation on that day.
_______________
s. 2
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3
PART 2—AMENDMENTS TO THE MELBOURNE CITY LINK
ACT 1995
3. Purposes
In section 1 of the Melbourne City Link Act
1995—
(a) paragraph (b) is repealed;
(b) for paragraph (c) substitute—
"(c) to give the Link corporation certain
powers in relation to certain roads;
and".
4. Definitions
(1) In section 3 of the Melbourne City Link Act
1995 the definitions of "Authority", "Project
area", "reserved project land", "restricted access
area" and "temporary construction site" are
repealed.
(2) In section 3 of the Melbourne City Link Act
1995, the definition of "authorised officer" is
repealed.
(3) In section 3 of the Melbourne City Link Act
1995, the definition of "Extension Project area" is
repealed.
(4) In section 3 of the Melbourne City Link Act
1995—
(a) for the definition of "licensed land"
substitute—
' "licensed land" means land which was the
subject of a licence issued under
section 56 as in force at any time before
the commencement of section 10 of the
Melbourne City Link (Miscellaneous
Amendments) Act 2000;';
s. 3
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(b) for the definition of "licensee" substitute—
' "licensee" means a person who was the
holder of a licence issued under
section 56 as in force at any time before
the commencement of section 10 of the
Melbourne City Link (Miscellaneous
Amendments) Act 2000;'.
(5) In section 3 of the Melbourne City Link Act
1995—
(a) in the definition of "the Agreement", for "a
copy of which is set out in Schedule 1"
substitute "a copy of which was set out in
Schedule 1 to this Act as enacted";
(b) in the definition of "the Extension
Agreement", for "a copy of which is set out
in Schedule 6" substitute "a copy of which
was set out in Schedule 6 to this Act as
enacted by section 40 of the Melbourne
City Link (Exhibition Street Extension)
Act 1998";
(c) in the definition of "the Integration and
Facilitation Agreement", for "a copy of
which is set out in Schedule 5" substitute "a
copy of which was set out in Schedule 5 to
this Act as enacted by section 40 of the
Melbourne City Link (Exhibition Street
Extension) Act 1998".
(6) In section 3 of the Melbourne City Link Act
1995 insert the following definition—
' "Secretary" means the body corporate
established under section 35 of the Project
Development and Construction
Management Act 1994;'.
s. 4
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5. Objects of the Act
In section 4 of the Melbourne City Link Act
1995, paragraph (a) is repealed.
6. Repeal of application and interpretive provisions
Sections 5, 7, 8 and 9 of the Melbourne City
Link Act 1995 are repealed.
7. Minister to send copy of agreement to Government
Printer
(1) In section 15 of the Melbourne City Link Act
1995, after sub-section (2) insert—
"(2A) The Minister must cause a copy of each
agreement under sub-section (1) and a
statement of each variation under sub-section
(1A) as published under sub-section (1B) to
be sent to the Government Printer as soon as
practicable after the making of the agreement
or variation.".
(2) In section 15B of the Melbourne City Link Act
1995, after sub-section (5) insert—
"(5A) The Minister must cause a copy of each
agreement under sub-section (1) and a
statement of each variation under sub-section
(2) as published under sub-section (3) to be
sent to the Government Printer as soon as
practicable after the making of the agreement
or variation.".
(3) In section 15D of the Melbourne City Link Act
1995, after sub-section (6) insert—
"(6A) The Minister must cause a copy of each
agreement under sub-section (1) and a
statement of each variation under sub-section
(2) as published under sub-section (4) to be
sent to the Government Printer as soon as
s. 5
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6
practicable after the making of the agreement
or variation.".
8. Insertion of new sections 18A and 18B
After section 18 of the Melbourne City Link Act
1995 insert—
'18A. Publication of agreements as amended
(1) If an agreement under this Act has been
varied, the Government Printer must reprint
the agreement as so varied with any reprint
of this Act.
(2) A document purporting to be a copy of a
reprint of this Act printed by the
Government Printer and purporting to
contain 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.
(3) In this section—
"agreement" means any of the following—
(a) the Agreement;
(b) the Extension Agreement;
(c) the Integration and Facilitation
Agreement—
but does not include an exhibit to such
an agreement;
"vary" includes amend, add to, substitute,
cancel or revoke.
18B. Agreement as evidence
(1) A document purporting to be certified by the
Secretary as a copy of an exhibit to an
s. 8
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agreement or a variation to an agreement
under this Act is admissible as evidence of
the agreement before all courts or persons
acting judicially within Victoria.
(2) In this section
"agreement" means any of the following—
(a) the Agreement;
(b) the Extension Agreement;
(c) the Integration and Facilitation
Agreement—
but does not include an exhibit to such
an agreement;
"vary" includes amend, add to, substitute,
cancel or revoke.'.
9. Repeal of certain land provisions
(1) Division 1 of Part 3 of the Melbourne City Link
Act 1995 is repealed.
(2) Division 2 of Part 3 of the Melbourne City Link
Act 1995 is repealed.
(3) Division 2A of Part 3 of the Melbourne City
Link Act 1995 is repealed.
(4) Division 3 of Part 3 of the Melbourne City Link
Act 1995 is repealed.
(5) Division 4 of Part 3 of the Melbourne City Link
Act 1995 is repealed.
(6) Division 5 of Part 3 of the Melbourne City Link
Act 1995 is repealed.
(7) Division 6 of Part 3 of the Melbourne City Link
Act 1995 is repealed.
(8) Division 7 of Part 3 of the Melbourne City Link
Act 1995 is repealed.
s. 9
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8
10. Repeal of certain land management provisions
(1) In the heading to Division 8 of Part 3 of the
Melbourne City Link Act 1995, for
"Management of Project Land" substitute
"Powers over Land".
(2) Sections 55, 56, 58 and 59 of the Melbourne City
Link Act 1995 are repealed.
11. Leasing powers for Link road
(1) In section 60(1) of the Melbourne City Link Act
1995—
(a) for "On the termination of a licence issued
over Crown land under section 56 and on the
revocation of any reservation over the land,
the" substitute "The";
(b) in paragraph (a), for "that part of the land"
substitute "that part of any Crown land".
(2) In section 60 of the Melbourne City Link Act
1995, after sub-section (7) insert—
"(8) This section has effect despite anything to
the contrary in section 175A of the Water
Industry Act 1994 or any other Act.".
12. Repeal of interim operation provision
Section 60A of the Melbourne City Link Act
1995 is repealed.
13. Repeal of reference to licensed land
In section 61 of the Melbourne City Link Act
1995, for sub-section (1) substitute—
"(1) The Minister may, from time to time declare
any part of any land leased under section 60
to be a road.".
14. Repeal of land use agreements provision
s. 10 s. 14
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Section 63 of the Melbourne City Link Act 1995
is repealed.
15. Repeal of provision applying to licensed land
(1) In section 64 of the Melbourne City Link Act
1995, sub-section (2) is repealed.
(2) In section 64(4) of the Melbourne City Link Act
1995 for "sub-sections (2) and" substitute "sub-
section".
16. Insertion of new section 64A
After section 64 of the Melbourne City Link Act
1995 insert—
"64A. Power to revoke reservations under the
Crown Land (Reserves) Act 1978
If any land has been deemed to be
temporarily reserved under section 4(1) of
the Crown Land (Reserves) Act 1978 for
public purposes, being, in particular, the
purposes of the Project, by any provision of
this Act as in force at any time before the
commencement of section 16 of the
Melbourne City Link (Miscellaneous
Amendments) Act 2000, for the avoidance
of doubt it is declared that the reservation
may be revoked under the Crown Land
(Reserves) Act 1978.".
17. Repeal of provisions relating to application of certain
Acts
(1) Section 65 of the Melbourne City Link Act 1995
is repealed.
(2) Section 66 of the Melbourne City Link Act 1995
is repealed.
(3) In Part 3 of the Melbourne City Link Act 1995,
the heading to Division 10 is repealed.
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10
18. Repeal of general provision relating to land
Section 67 of the Melbourne City Link Act 1995
is repealed.
19. Repeal of general provision relating to land
Section 68 of the Melbourne City Link Act 1995
is repealed.
20. Evidentiary provision
In section 72 of the Melbourne City Link Act
1995, after sub-section (3) insert—
"(4) In any proceedings for the recovery of a toll,
a statement or declaration purporting to be
made under sub-section (3) is evidence that
the person named in the statement was
driving the vehicle at all the relevant times
relating to the matter named in the statement,
if the proceedings are—
(a) against the person named in the
statement; and
(b) in respect of the matter named in the
statement.".
21. Temporary registration
In section 73C(2)(b) of the Melbourne City Link
Act 1995, after "noon" insert "or any later
prescribed time".
22. Request for payment of toll
(1) In section 77(1) of the Melbourne City Link Act
1995, for paragraph (a) substitute—
"(a) to send a request for payment of the toll
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; or".
s. 18
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(2) After section 77(1) of the Melbourne City Link
Act 1995, insert—
"(1A) If the relevant corporation or a person
authorised by the relevant corporation for the
purposes of this section, believes, on
reasonable grounds, that a vehicle that is not
registered under this Part has, in respect of a
particular toll zone, been driven in that toll
zone in contravention of this Part, the
relevant corporation may notify the
enforcement agency of that belief and
request the enforcement agency to send a
notice of the requirement to be registered
under this Part in respect of that toll zone to
the owner of the vehicle concerned.
(1B) Sub-section (1A) ceases to have effect on
1 July 2001.".
23. Disputes in relation to payment of tolls
In section 78 of the Melbourne City Link Act
1995, for sub-section (1) substitute—
"(1) If a relevant corporation or a person
authorised by a relevant corporation for the
purposes of section 77 has made a request
under section 77(1)(a), the enforcement
agency may send, by post, a request for
payment of the toll payable in respect of the
use of the vehicle in the toll zone to the
person who appears to be liable to pay the
toll.
(1A) If a relevant corporation or a person
authorised by a relevant corporation for the
purposes of section 77 has made a request
under section 77(1A), the enforcement
agency may send, by post, a notice of the
requirement to be registered under this Part
s. 23
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in respect of the toll zone to the owner of the
vehicle concerned.
(1B) Sub-section (1A) ceases to have effect on
1 July 2001.".
24. Disclosure of information in specified circumstances
In section 90A(2) of the Melbourne City Link
Act 1995, after paragraph (a) insert—
"(aa) is reasonably necessary—
(i) to investigate whether or not there has
been any loss, theft or misuse of
prescribed tolling devices; or
(ii) to take any enforcement action in
relation to any theft or misuse of a
prescribed tolling device; or
(ab) is reasonably necessary, either, to investigate
whether or not there has been any breach of,
or to enforce—
(i) any provision of the Dangerous Goods
Act 1985, or regulations made under
that Act; or
(ii) any provision of the Transport Act
1983, or regulations made under that
Act; or
(iii) any provision of the Road Transport
(Dangerous Goods) Act 1995, or
regulations made under that Act or the
applied provisions within the meaning
of that Act; or
(iv) any provision of Part 9A of the
Environment Protection Act 1970, or
regulations made under that Act—
s. 24
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13
which relates to the transport of dangerous
goods or waste on the Link road or
Extension road; or".
25. Exception to requirement to destroy records
In section 93 of the Melbourne City Link Act
1995, after sub-section (2) insert—
"(3) Sub-section (1) does not apply to records
which are required for legal proceedings,
being proceedings which commenced before
the date on which, under sub-section (1), the
records would be required to be destroyed.".
26. Repeal of certain extension project provisions
(1) Section 93B of the Melbourne City Link Act
1995 is repealed.
(2) In Part 4A of the Melbourne City Link Act
1995, Division 2 is repealed.
(3) Section 93GA of the Melbourne City Link Act
1995 is repealed.
27. Power to declare road over leased land
In section 93H of the Melbourne City Link Act
1995, for sub-section (1) substitute—
"(1) The Minister may, from time to time declare
any part of any land leased under section
93G to be a road.".
28. Repeal of reference to project area
In section 96(3) of the Melbourne City Link Act
1995, omit "within the Project area".
29. Repeal of Independent Reviewer provision
Section 97 of the Melbourne City Link Act 1995
is repealed.
s. 25 s. 29
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14
30. Repeal of public bodies requirement
Section 101 of the Melbourne City Link Act
1995 is repealed.
31. Repeal of references to licensee and licence
In section 103(2) of the Melbourne City Link
Act 1995—
(a) omit "licensee or"; and
(b) omit "licence or"; and
(c) omit "issued or".
32. Repeal of references to licensee and licence
In section 104 of the Melbourne City Link Act
1995—
(a) in sub-section (2)(b)—
(i) omit "the Authority,"; and
(ii) omit ", a licensee"; and
(iii) omit "licence or"; and
(iv) omit "issued or".
(b) in sub-section (3)—
(i) paragraph (a) is repealed;
(ii) in paragraph (b)(i) omit ", a licensee".
33. Repeal of certain offence provisions etc.
Sections 105, 106, 107, 108, 109, 110, 111, 112,
113 and 114 of the Melbourne City Link Act
1995 are repealed.
34. Evidentiary provisions and proceedings
(1) In section 115 of the Melbourne City Link Act
1995, for "the Authority" substitute "the
Melbourne City Link Authority, as constituted
s. 34
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15
immediately before the commencement of
section 38 of the Melbourne City Link
(Miscellaneous Amendments) Act 2000".
(2) In section 116 of the Melbourne City Link Act
1995, sub-section (2) is repealed.
35. Insertion of new section 116A
After section 116 of the Melbourne City Link
Act 1995 insert—
"116A. Service of notices
(1) If under this Act or the regulations, a notice
is required or permitted to be served on any
person, the notice may, unless the contrary
intention appears, be served in or out of
Victoria—
(a) by delivering it personally to the
person; or
(b) by leaving it at the usual or last known
place of residence or business of the
person with a person apparently over
the age of sixteen years and apparently
residing at that place or (in the case of a
place of business) apparently in charge
of or employed at that place; or
(c) by sending it by post, addressed to the
person at the usual or last known place
of residence or business of that person;
or
(d) if the person has given an address to the
enforcement agency or the relevant
corporation, by sending it by post to
that address.
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16
(2) This section does not apply to the service of
infringement notices under sections 80 and
80A or notices under section 73E.".
36. Substitution of Part 6
For Part 6 of the Melbourne City Link Act 1995
substitute—
"PART 6—TRANSITIONAL PROVISIONS
119. Effect of agreements—Melbourne City
Link (Miscellaneous Amendments) Act
2000
The force and effect of the Agreement, the
Extension Agreement and the Integration
and Facilitation Agreement are not affected
by the coming into operation of section 37 of
the Melbourne City Link (Miscellaneous
Amendments) Act 2000.".
37. Consequential repeal of Schedules
(1) Schedule 1 to the Melbourne City Link Act 1995
is repealed.
(2) Schedule 3 to the Melbourne City Link Act 1995
is repealed.
(3) Schedule 4 to the Melbourne City Link Act 1995
is repealed.
(4) Schedule 5 to the Melbourne City Link Act 1995
is repealed.
(5) Schedule 6 to the Melbourne City Link Act 1995
is repealed.
(6) Schedule 7 to the Melbourne City Link Act 1995
is repealed.
_______________
s. 36 s. 37
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17
PART 3—ABOLITION OF MELBOURNE CITY LINK
AUTHORITY AND CONSEQUENTIAL AMENDMENTS
38. Repeal of Melbourne City Link Authority Act 1994
The Melbourne City Link Authority Act 1994 is
repealed.
39. Transitional provision for Melbourne City Link
Authority
(1) On the commencement of section 38—
(a) the Melbourne City Link Authority is
abolished and its members go out of office;
and
(b) all rights, property and assets that,
immediately before that commencement
were vested in the Melbourne City Link
Authority, vest in the State; and
(c) all debts, liabilities and obligations of the
Melbourne City Link Authority existing
immediately before that commencement,
become debts, liabilities and obligations of
the State; and
(d) the State is substituted as a party to any
proceedings pending in any court or tribunal
to which the Melbourne City Link Authority
was a party immediately before that
commencement; and
(e) the State is substituted as a party to any
arrangement or contract entered into by or on
behalf of the Melbourne City Link Authority
and in force immediately before that
commencement; and
(f) any reference to the Melbourne City Link
Authority in any Act or in any proclamation,
Order in Council, rule, regulation, order,
s. 38
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18
agreement, instrument, deed or other
document, so far as it relates to any period
after that commencement, and if not
inconsistent with the context or subject
matter, must be construed as a reference to
the State.
(2) On the commencement of section 38 any
reference to the Chief Executive Officer of the
Melbourne City Link Authority in any Act or in
any proclamation, Order in Council, rule,
regulation, order, agreement, instrument, deed or
other document, so far as it relates to any period
after that commencement, and if not inconsistent
with the context or subject matter, must be
construed as a reference to the Secretary to the
Department of Infrastructure.
40. Amendment of the Borrowing and Investment Powers
Act 1987
In Schedule 1 to the Borrowing and Investment
Powers Act 1987, item 34 is repealed.
_______________
s. 40
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19
PART 4—AMENDMENTS TO THE MELBOURNE AND
OLYMPIC PARKS ACT 1985 AND OTHER ACTS
41. Insertion of new definition of Olympic Park land
In section 4 of the Melbourne and Olympic
Parks Act 1985, for the definition "Olympic Park
land" substitute—
' "Olympic Park land" means so much of the
land that is described in Part 5 of the
Schedule as is shown as—
(a) parcels A, B and C; and
(b) a sport recreation and entertainment
reserve—
in the plan numbered LEGL./00–24 lodged
in the Central Plan Office of the Department
of Natural Resources and Environment;'.
42. Insertion of new section 31B
After section 31A of the Melbourne and
Olympic Parks Act 1985 insert—
"31B. Reservation of former City Link land
On the coming into operation of section 42
of the Melbourne City Link
(Miscellaneous Amendments) Act 2000,
the land shown as parcels A, B and C on the
plan numbered LEGL./00–24 lodged in the
Central Plan Office of the Department of
Natural Resources and Environment is
deemed to be permanently reserved under
section 4(1) of the Crown Land (Reserves)
Act 1978 for the purposes of sport,
recreation and entertainment.".
s. 41
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43. Amendment of Melbourne City Link (Amendment)
Act 1998
In section 18 of the Melbourne City Link
(Amendment) Act 1998, sub-sections (2) and (5)
are repealed.
44. Amendment of the Melbourne and Metropolitan
Board of Works Act 1958
In section 259(2)(c) of the Melbourne and
Metropolitan Board of Works Act 1958 for "the
bridge constructed over the river adjacent to the
North Wharf as part of the Project within the
meaning of the Melbourne City Link Act 1995"
substitute "the Bolte Bridge".
45. Amendment of the Transport Act 1983
(1) In section 56A of the Transport Act 1983—
(a) in sub-section (1) omit ", a licensee"
(wherever occurring);
(b) in sub-section (3)(c) omit "or a licensee";
(c) in sub-section (12) omit ' "licensee" ';
(2) In section 56A of the Transport Act 1983, for
sub-section (7A) substitute—
"(7A) Clause 13 of Schedule 5 does not operate in
respect of any land over which there is a
declared road under section 61 of the
Melbourne City Link Act 1995.".
(3) In section 56B of the Transport Act 1983, for
sub-section (6) substitute—
"(6) Clause 13 of Schedule 5 does not operate in
respect of any land over which there is a
declared road under section 93H of the
Melbourne City Link Act 1995.".
═══════════════
s. 43
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21
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 26 October 2000
Legislative Council: 15 November 2000
The long title for the Bill for this Act was "to make miscellaneous
amendments to the Melbourne City Link Act 1995, to repeal the
Melbourne City Link Authority Act 1994, to make minor amendments
to other Acts and for other purposes."
Endnotes
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