Version No. 040 EastLink Project Act 2004 No. 39 of 2004 Version incorporating amendments as at 8 October 2014 The Parliament of enacts as follows: 1 Purposes The main purposes of this Act are— S. 1(a) amended by No. 95/2005 s. 4(2). (a) to empower the State to enter into an Agreement for the design, construction, operation, maintenance and management of EastLink; and S. 1(b) amended by No. 95/2005 s. 4(2). (b) to provide for the collection and enforcement of tolls in relation to the use of EastLink; and S. 1(c) amended by No. 93/2009 s. 39(1). (c) to confer powers on VicRoads in relation to the land required for or affected by the Project; and (d) to provide procedures to deal with the interface between Utilities and the Freeway Corporation in relation to Utility infrastructure and the Project; and S. 1(e) amended by No. 93/2009 s. 39(1). (e) to confer other powers on the Minister, VicRoads and the Freeway Corporation and other persons for the purposes of the Project; and
enactment means an Act or a regulation under an Act; enforcement agency means— (a) the Chief Commissioner of Police; or (b) if another person is prescribed by the regulations to be the enforcement agency with respect to all or any part of the enforcement agency's functions, that other person in respect of those functions; enforcement officer means a person appointed under section 208; Extended Project area has the meaning given by section 6; s. 3 freeway has the same meaning as it has in the Road Management Act 2004; S. 3(1) def. of Freeway Corporation substituted by No. 14/2005 s. 3. Freeway Corporation means the person who, for the time being, is the Freeway Corporation under section 10; S. 3(1) def. of freeway use agreement amended by No. 95/2005 s. 4(3)(c). freeway use agreement means— (a) an agreement between the Freeway Corporation and another person for the use of a vehicle on EastLink; or (b) a declared freeway use agreement; S. 3(1) def. of illegal user statement inserted by No. 74/2007 s. 39(a). illegal user statement, in relation to the use of a vehicle, means a statement in writing made by a responsible person to the effect that the person believes that at the relevant time the vehicle was a stolen vehicle or that the number plates displayed on the vehicle were stolen;
S. 3(1) def. of Freeway repealed by No. 95/2005 s. 4(3)(b). * * * * * municipal road has the same meaning as it has in the Road Management Act 2004; s. 3 Native Title Act means the Native Title Act 1993 of the Commonwealth; S. 3(1) def. of nomination rejection statement inserted by No. 74/2007 s. 39(a). nomination rejection statement means a statement in writing made by a person nominated in a known user statement or a sold vehicle statement as being the responsible person in relation to a vehicle to the effect that— (a) if nominated in a known user statement, the person had not had possession or control of the vehicle at the relevant time, as stated in the known user statement; and (b) if nominated in a sold vehicle statement, the vehicle had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement; non-arterial State road has the same meaning as it has in the Road Management Act 2004; notified Utility infrastructure means Utility infrastructure— (a) that is identified under section 159; or (b) that has been notified under section 161; Frankston
responsible for, the vehicle to which that registration number was assigned, whether or not that vehicle is the same as the vehicle involved in the offence; or (ii) the person whose name is disclosed in the records kept by VicRoads or a corresponding body as being entitled, or last entitled, at that time to use or possess that number plate; (e) if the vehicle displays a general identification mark by means of a special identification plate issued by VicRoads under the regulations under the Road Safety Act 1986 or by a corresponding body under a corresponding law, the person to whom the mark is assigned at that time; S. 3(1) def. of owner repealed by No. 74/2007 s. 39(b). * * * * * S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 48.1). police officer has the same meaning as in the Victoria Police Act 2013; s. 3 S. 3(1) def. of prescribed tolling system inserted by No. 14/2007 s. 15(2). prescribed tolling system means a tolling system prescribed for the purposes of Part 9; s. 3 Project means the project described in section 4 or any part of that project; Project area has the meaning given by section 5;
Project construction work means work for the construction of the Project; Project Document means a document of a class that is designated in the Agreement as a Project Document; public authority means any body (including any trust) established by or under an Act for a public purpose, other than a Council; public land means— s. 3 (a) Crown land; or (b) land owned by or vested in a public authority; rectification includes repair, replacement and reinstatement; S. 3(1) def. of registered operator inserted by No. 74/2007 s. 39(a). registered operator has the same meaning as in section 3(1) of the Road Safety Act 1986; reserved Crown land means land reserved or deemed to be reserved for any public purpose under the (Reserves) Act 1978; reserved project land means land that is deemed to be temporarily reserved under section 4(1) of the (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project; S. 3(1) def. of responsible person inserted by No. 74/2007 s. 39(a). responsible person means— (a) the operator; or (b) the person nominated in an effective known user statement or an effective sold vehicle statement;
(ii) the person was not at that time driving, or had not at that time possession or control of, the vehicle; and (b) containing sufficient information to identify and locate the person to whom the vehicle was sold or disposed of, or in whom an interest in the vehicle was otherwise vested, and the date and, if relevant, the time of sale, disposal or vesting; stratum of Crown land means a stratum of land that is Crown land; stratum of land means a part of land consisting of a space of any shape, below on or above the surface of the land, or partly below and partly above the surface of the land, all the dimensions of which are limited; s. 3 surplus land means land determined under section 121 to be surplus land; toll means a toll fixed under section 195; toll administration fee means a toll administration fee fixed under section 195; toll zone means a toll zone specified under section 195; S. 3(1) def. of tolling nomination statement inserted by No. 74/2007 s. 39(a). tolling nomination statement means a tolling nomination statement made by an authorised person under Part 6AA of the Road Safety Act 1986; S. 3(1) def. of tollway billing arrangement inserted by No. 74/2007 s. 39(a). tollway billing arrangement means an agreement or arrangement between a person and a tollway operator (or an agent of a tollway operator) relating to the payment of tolls for the use of a vehicle in a tollway;
(b) that has not been notified under section 161; S. 3(1) def. of Utility amended by No. 17/2009 s. 30, substituted by No. 6/2010 s. 203(1) (Sch. 6 item 14(a)) (as amended by No. 45/2010 ss 22, 23(4)(a)), amended by Nos 61/2011 s. 25(Sch. 1 item 4), 22/2013 s. 53. Utility means— (a) a utility within the meaning of the Road Management Act 2004; or (b) a provider of public transport within the meaning of the Road Management Act 2004; or (c) the Public Transport Development Authority within the meaning of section 3 of the Transport Integration Act 2010; or (d) a rail transport operator within the meaning of the Rail Safety National Law (Victoria); * * * * * Utility agreement means an agreement entered into under section 154 and, if that agreement is amended under section 158, that agreement as so amended; S. 3(1) def. of Utility infrastructure amended by No. 6/2010 s. 203(1) (Sch. 6 item 14(b)) (as amended by No. 45/2010 ss 22, 23(4)(a)). Utility infrastructure means any part of the supply, distribution or reticulation network operated or managed by a Utility, including— (a) poles, pipes, cables, wires, conduits and tunnels; and s. 3 (b) rail infrastructure and tram infrastructure (both within the meaning of the Rail Management Act 1996); Utility Minister in relation to a Utility, means the Minister for the time being administering any Act— (a) under which a Utility is authorised to provide an infrastructure service; or
the toll or toll administration fee in accordance with this Act and the Agreement. 196 Commencement of tolling s. 196 S. 196(1) amended by No. 95/2005 s. 4(4)(b). (1) The Governor in Council, by Order published in the Government Gazette, may fix a day for the commencement of tolling on EastLink or part of EastLink. (2) A day fixed under subsection (1) must be determined in accordance with this Act and the Agreement. Division 2—Charge and collection of tolls S. 197AA inserted by No. 74/2007 s. 40. 197AA Authorisation of authorised persons s. 197AA The Freeway Corporation may, in writing, authorise a person to carry out functions under this Part. 197 Liability to pay toll charged (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 Freeway Corporation— (a) the toll charged by the Freeway Corporation for that use; and S. 197(1)(b) amended by No. 14/2005 s. 20. (b) the relevant toll administration fees charged by the Freeway Corporation. S. 197(2) amended by Nos 14/2005 s. 20, 74/2007 s. 41. (2) Subject to section 199, the person who was the operator of a vehicle at the time it was driven in a toll zone is liable for the payment of the toll and toll administration fees as if that person were the
Surveillance Devices Act 1999 when installed, used or maintained for the purpose of collecting information for the purpose of tolling or road management or traffic management. (2) If information is collected by means of a prescribed tolling system for a purpose set out in subsection (1)— (a) that information may be provided to the State, a public authority or a Council in compliance with a requirement under any enactment or the Agreement; and (b) that information or access to that information may be provided to any person who is authorised by law or under the Agreement to have access to or to request the provision of that information; and (c) that information may be used for any other purpose if it does not identify and could not lead to the identification of any person. Pt 9 Div. 3 (Heading) amended by No. 74/2007 s. 46. Division 3—Tolling offences and registration of vehicles S. 204 amended by Nos 14/2005 s. 24, 95/2005 s. 4(4)(b)(c), substituted by No. 74/2007 s. 47. 204 Offence to drive unregistered vehicle in toll zone s. 204 (1) A person must not drive a vehicle in a toll zone unless the vehicle is registered under this Part in respect of that toll zone by the Freeway Corporation. 10 penalty units.
218 Enforcement of infringement penalty S. 218(1) amended by No. 21/2005 s. 59(1)(b), substituted by No. 32/2006 s. 82(1), amended by No. 48/2006 s. 42(Sch. item 12.1(a)). (1) Payment of the infringement penalty may be enforced in accordance with the Infringements Act 2006 or Schedule 3 to the Children, Youth and Families Act 2005, as the case may be, if— (a) the infringement penalty has not been paid within the time stated in the notice or in accordance with section 15 of the Infringements Act 2006; and (b) the notice has not been withdrawn; and (c) a charge has not been filed. S. 218(2) substituted by No. 32/2006 s. 82(2). (2) The Infringements Act 2006 applies as if an infringement notice under this Part were an infringement notice served in respect of a lodgeable infringement offence within the meaning of that Act. S. 218(3) inserted by No. 21/2005 s. 59(2), amended by No. 48/2006 s. 42(Sch. item 12.1(b)(i)). (3) The Children, Youth and Families Act 2005 applies as if— S. 218(3)(a) amended by No. 48/2006 s. 42(Sch. item 12.1(b)(ii)). (a) an infringement notice under this Division were an infringement notice within the meaning of Schedule 3 to that Act; and (b) an offence referred to in section 204 were a prescribed offence within the meaning of that Schedule; and (c) the infringement penalty for the offence were the infringement penalty for the purposes of that Schedule.
entitled, or last entitled, to use or possess that number plate, as the case requires. (5) In this section, authorised person means a person who is authorised or who is the holder of a position authorised for the purposes of this section by VicRoads. S. 221A inserted by No. 74/2007 s. 59. 221A General evidentiary provision s. 221A A certificate in the prescribed form purporting to be issued by the enforcement agency certifying as to any matter related to a toll which appears in or can be calculated from the records kept by the enforcement agency is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of that matter. 222 Evidence of certificate issued by Freeway Corporation A certificate in the prescribed form purporting to be issued by the Freeway Corporation, or a person authorised by the Freeway Corporation, certifying— S. 222(aa) inserted by No. 74/2007 s. 60. (aa) that a specified vehicle was, or was not, registered under this Part in respect of a specified toll zone at a specified time; or s. 222 S. 222(ab) inserted by No. 74/2007 s. 60. (ab) that the Freeway Corporation was, or was not, a party to an agreement relating to the use of a specified vehicle in a toll zone at a specified time; or (a) that a specified person was, or was not, a party to a freeway use agreement; or (b) that a freeway use agreement— (i) existed, or did not exist, at a specified time; or (ii) contained, or did not contain, specified terms; or
(iii) applied or did not apply to a specified vehicle; or S. 222(c) substituted by No. 14/2005 s. 28(a). (c) that the Freeway Corporation has served a demand on a specified person under section 200(1) or 200(3) for payment of a toll or toll administration fees and payment has not been made within the period of 14 days after service of the demand; or (d) that a prescribed tolling device was used in the prescribed manner; or (e) that an image or message was produced by a prescribed process; or S. 222(f) amended by No. 14/2005 s. 28(b). (f) as to any matter related to a toll or toll administration fees that appears in or can be calculated from the records kept by the Freeway Corporation; or (g) as to any other matter that appears in, or that can be determined or calculated from, the records kept by the Freeway Corporation— is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate. Division 6—Disclosure and keeping of records 223 VicRoads may disclose certain information to Freeway Corporation s. 223 S. 223(1) amended by No. 55/2013 s. 14(1). (1) VicRoads or a relevant person within the meaning of section 90I of the Road Safety Act 1986 may disclose information about the registration under that Act of any vehicle— (a) to the Freeway Corporation for the purposes of section 200; or (b) to the enforcement agency; or
Act 1986, the Freeway Corporation is not entitled to exercise any power while it is conferred on the State by this section. (4) A power conferred on the State by this section must be exercised in accordance with the Agreement. Division 6—Powers of Authority to investigate 241 Who is a Project party? s. 241 In this Division Project party means— (a) the Freeway Corporation; or (b) a person who is a party to a Project Document; or (c) a body corporate that is a related body corporate (within the meaning of the Corporations Act) of the Freeway Corporation or of a person who is a party to a Project Document. 242 Authority can require information The Authority, by notice in writing, may require a Project party to provide the Authority with information or to answer any questions put to it by the Authority for the purpose of determining compliance with— (a) this Act or the regulations; or (b) the Road Management Act 2004 or the regulations under that Act; or S. 242(c) amended by No. 55/2013 s. 14(3). (c) Part 7B and section 99A of the Road Safety Act 1986, any agreement under section 90N of that Act or any regulations under that Act relating to traffic control devices; or (d) the Agreement; or
Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005. Table of Amendments Endnotes This Version incorporates amendments made to the EastLink Project Act 2004 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Planning and Environment (General Amendment) Act 2004, No. 81/2004 Assent Date: 16.11.04 Commencement Date: S. 50 on 23.5.05: Government Gazette 19.5.05 p. 930 : This information relates only to the provision/s amending the EastLink Project Act 2004 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 135) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the EastLink Project Act 2004 Mitcham-Frankston Project (Amendment) Act 2005, No. 14/2005 Assent Date: 10.5.05 Commencement Date: Ss 3–32 on 11.5.05: s. 2 : This information relates only to the provision/s amending the EastLink Project Act 2004 Children and Young Persons (Miscellaneous Amendments) Act 2005, No. 21/2005 Assent Date: 31.5.05 Commencement Date: S. 59 on 1.7.05: s. 2(6) : This information relates only to the provision/s amending the EastLink Project Act 2004 Emergency Service Act 2005, No. 51/2005 Assent Date: 24.8.05 Commencement Date: S. 58(6) on 1.11.05: Government Gazette 20.10.05 p. 2308 : This information relates only to the provision/s amending the EastLink Project Act 2004 Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005 Assent Date: 29.11.05 Commencement Date: Ss 4, 5 on 30.11.05: s. 2(1) : This information relates only to the provision/s amending the EastLink Project Act 2004 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006