S. 3 def. of Extension road inserted by No. 50/1998 s. 4(a), substituted by No. 102/1998 s. 4(c). Extension road means land declared under section 93H to be a road and includes any part of that land; S. 3 def. of Exhibition Street Extension Project inserted by No. 39/1997 s. 4(1). Exhibition Street Extension Project has the meaning given by section 93A; S. 3 def. of IBAC inserted by No. 82/2012 s. 294(1)(a), amended by No. 82/2012 s. 312(a). IBAC means the Independent Broad-based Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011; land includes a stratum of land; S. 3 def. of leased land amended by No. 39/1997 s. 4(2)(a). leased land means land which is the subject of a lease granted under section 60 or 93G; S. 3 def. of lessee amended by No. 39/1997 s. 4(2)(b). lessee means a person who is for the time being the lessee under a lease granted under section 60 or 93G; S. 3 def. of licence holder inserted by No. 78/2001 s. 3. licence holder means a person who is, for the time being, the holder of a licence issued under section 20E; S. 3 def. of licence plate number inserted by No. 102/1998 s. 4(a). licence plate number, in relation to a vehicle, means the registration number of the vehicle assigned by the relevant vehicle registration authority;
S. 3 def. of licensed area inserted by No. 78/2001 s. 3. licensed area means land which is the subject of a licence issued under section 20E; S. 3 def. of licensed land substituted by No. 81/2000 s. 4(4)(a). 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 def. of licensee substituted by No. 81/2000 s. 4(4)(b). 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; S. 3 def. of Link control site substituted by No. 39/1997 s. 4(3). Link control site means the land shown hatched on the plan numbered LEGL/.97–60 and lodged in the Central Plan Office but does not include any part of that land which is part of the Link road; Link corporation means the person who, for the time being, is the Link corporation under section 10; S. 3 def. of Link operator inserted by No. 102/1998 s. 4(a). Link operator means the person who, for the time being, is the Link operator under section 11; S. 3 def. of Link road amended by Nos 39/1997 s. 4(4), 50/1998 s. 4(c), substituted by No. 102/1998 s. 4(d). Link road means land declared under section 61 to be a road and includes any part of that land;
S. 3 def. of Link Upgrade Project inserted by No. 81/2006 s. 66. Link Upgrade Project has the same meaning that it has in Schedule 5A to the Road Management Act 2004; S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 111.1(b)). police officer has the same meaning as in the Victoria Police Act 2013; S. 3 def. of Project area repealed by No. 81/2000 s. 4(1). * * * * * S. 3 def. of public authority amended by Nos 91/1997 s. 47, 69/2000 s. 59(b), 32/2001 s. 36(a), 17/2012 s. 91. public authority means any of the following— (a) a public statutory authority; (b) a State business corporation or a State body within the meaning of the State Owned Enterprises Act 1992; * * * * * * * * * * (e) an electricity corporation; * * * * * (g) a metropolitan water corporation within the meaning of the Water Act 1989;
S. 12(1)(d) repealed by No. 50/1998 s. 7(1), new s. 12(1)(d) inserted by No. 102/1998 s. 5(1), amended by No. 6/2010 s. 203(1) (Sch. 6 item 31.2(b)) (as amended by No. 45/2010 s. 22). (d) any of its powers and functions under section 43 of the Accident Towing Services Act 2007. S. 12(1A) inserted by No. 50/1998 s. 7(2). (1A) The Link corporation may, by instrument, subdelegate to the Link operator or the Extension operator all or any of the following powers— (a) any road operation and management powers within the meaning of section 93I conferred on the Extension corporation, and, which have been delegated by the Extension corporation to the Link corporation; S. 12(1A)(b) amended by No. 102/1998 s. 24(a). (b) any of the Extension corporation's powers under Part 4 (except the power to fix tolls), which have been delegated by the Extension corporation to the Link corporation; S. 12(1A)(c) amended by Nos 12/2004 s. 162(3), 6/2010 s. 203(1) (Sch. 6 item 31.3(a)) (as amended by No. 45/2010 s. 22). (c) any of the Extension corporation's powers and functions under regulations made under section 56 of the Transport (Compliance and Miscellaneous) Act 1983 or under the regulations made under section 132 of the Road Management Act 2004, which have been delegated by the Extension corporation to the Link corporation;
S. 18A(1) amended by No. 110/2004 s. 4. (1) If an agreement under this Act has been varied, the Government Printer must reprint the agreement as so varied at the same time that this Act is reprinted. S. 18A(2) substituted by No. 110/2004 s. 5. (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 subsection (1) is, on the mere production of the document, admissible as evidence of the agreement before all courts or persons acting judicially within . (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. S. 18B inserted by No. 81/2000 s. 8. 18B Agreement as evidence S. 18B(1) amended by Nos 49/2004 s. 5(5), 110/2004 s. 6. (1) A document purporting to be certified by the Roads Corporation as a copy of an exhibit to an agreement or a variation to an agreement under this Act is admissible as evidence of the exhibit or variation (as the case may be) before all courts or persons acting judicially within .
Link Upgrade construction work means work for the construction of the Link Upgrade Project; Link Upgrade licensed land means land that is the subject of a licence issued under Division 3; M1 Redevelopment Project has the same meaning as it has in Schedule 5A to the Road Management Act 2004; notified Utility infrastructure means Utility infrastructure— (a) that is identified under section 54; or (b) that has been notified under section 56; rectification includes repair, replacement and reinstatement; reserved Link Upgrade land means land that under Schedule 5A to the Road Management Act 2004 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 Link Upgrade Project; unnotified Utility infrastructure means Utility infrastructure— (a) that has not been identified under section 54; or (b) that has not been notified under section 56;
of the land use any Crown land for the purposes of the Link Upgrade Project. (2) If any Crown land proposed to be so used by the Roads Corporation is reserved under the (Reserves) Act 1978 for a purpose that is inconsistent with that use, the Roads Corporation must not use the land unless the reservation is revoked. Division 3—Licences New s. 24 inserted by No. 81/2006 s. 72. 24 Application This Division applies despite anything to the contrary in section 175A of the Water Industry Act 1994, the Land Act 1958, the (Reserves) Act 1978 or any other Act. New s. 25 inserted by No. 81/2006 s. 72. 25 Roads Corporation may issue licence for purposes of Link Upgrade Project (1) The Roads Corporation may issue a licence in accordance with the Agreement to enter and use the whole or part of any reserved Link Upgrade land in accordance with the Agreement. (2) A licence under subsection (1) may only be issued to a person entitled under the Agreement to the issue of a licence. New s. 26 inserted by No. 81/2006 s. 72. 26 Term of licence The term of the licence must be in accordance with the Agreement. New s. 27 inserted by No. 81/2006 s. 72. 27 Conditions of licence—general (1) The Roads Corporation may impose conditions on a licence subject to and in accordance with the Agreement. (2) A licence that is inconsistent with the Agreement is invalid only to the extent of the inconsistency.
many trips the vehicle makes during the course of that day and how many different people drive the vehicle during the course of that day. S. 73(4A) inserted by No. 45/1999 s. 48(1), amended by No. 49/2004 s. 8(2)(a)(b). (4A) For the purposes of subsection (4), a criminal proceeding commenced against, or an infringement notice served, on a person in respect of an offence against subsection (1) is to be disregarded if the charge or infringement notice is withdrawn. (5) Subsection (1) does not apply in respect of a vehicle if it is exempted, in accordance with the regulations, from the requirement to be registered under this Part. (6) Subsection (1) does not apply in respect of a vehicle that under the regulations is exempt from the payment of tolls. S. 73(7) inserted by No. 49/2004 s. 8(3), amended by No. 75/2010 s. 7(3). (7) Subsection (1) does not apply in respect of a vehicle covered by a tollway billing arrangement that was not suspended at the time the offence is alleged to have been committed. S. 73(8) inserted by No. 110/2004 s. 11(2). (8) On a person being found guilty of an offence under subsection (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. S. 73A inserted by No. 102/1998 s. 15. 73A Registration of vehicles (1) A relevant corporation must establish and maintain a register of vehicles. (2) A relevant corporation may register a vehicle— (a) for a specified period; or (b) until the happening of a specified event; or
conviction must not be taken to be a conviction for any purpose except in relation to— (a) the making of the conviction itself; and (b) subsequent proceedings which may be taken in respect of the conviction itself, including proceedings by way of appeal. S. 86 (Heading) inserted by No. 32/2006 s. 85(3), amended by No. 47/2014 s. 284(1). S. 86 substituted by No. 102/1998 s. 21. 86 Application of Infringements Act 2006 or Fines Reform Act 2014 procedure S. 86(1) substituted by No. 4/2000 s. 8(1), amended by Nos 21/2005 s. 58(1)(b), 32/2006 s. 85(4)(a), 48/2006 s. 42(Sch. item 26.1(a)), 47/2014 s. 284(2). (1) The procedure set out in the Infringements Act 2006 or the Fines Reform Act 2014 or in Schedule 3 to the Children, Youth and Families Act 2005 may be used instead of commencing a proceeding against— (a) a person for an offence against section 73(1) of this Act; or
S. 86(1)(b) amended by No. 70/2016 s. 45. (b) a relevant agency (other than the enforcement agency) for an offence against section 92(1) or (3) of this Act. S. 86(2) amended by Nos 21/2005 s. 58(1)(c), 32/2006 s. 85(4)(b), 48/2006 s. 42(Sch. item 26.1(b)), 47/2014 s. 284(3). (2) The Infringements Act 2006, the Fines Reform Act 2014 or the Children, Youth and Families Act 2005, as the case may be, as modified by subsection (4), applies for the purposes of subsection (1). S. 86(3) amended by No. 4/2000 s. 8(2), substituted by No. 32/2006 s. 85(5), repealed by No. 47/2014 s. 284(4). * * * * * S. 86(4) inserted by No. 21/2005 s. 58(2), amended by No. 48/2006 s. 42(Sch. item 26.1(c)(i)). (4) The Children, Youth and Families Act 2005 applies as if— S. 86(4)(a) amended by No. 48/2006 s. 42(Sch. item 26.1 (c)(ii)). (a) an infringement notice under this Part were an infringement notice within the meaning of Schedule 3 to that Act; (b) an offence referred to in subsection (1) were a prescribed offence within the meaning of that Schedule; (c) the prescribed penalty for the offence stated in the infringement notice were the infringement penalty for the purposes of that Schedule. 87 Offences detected by prescribed tolling device
S. 87A inserted by No. 110/2004 s. 13, substituted by No. 24/2005 s. 23. 87A Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone S. 87A(1) amended by Nos 21/2005 s. 58(3)(c) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(a), 48/2006 s. 42(Sch. item 26.3), 47/2014 s. 285(1). (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 apply to a registrar within the meaning of the Fines Reform Act 2014 or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, to have an extension of time of 28 days to deal with the notice in accordance with this Act. (2) An application under subsection (1) must— (a) be made within 14 days of the applicant becoming aware of the notice; and (b) be filed with the registrar; and (c) be accompanied by a sworn statement in writing or by a statutory declaration setting out the grounds on which the extension is sought. S. 87A(3) amended by Nos 32/2006 s. 85(7)(b), 47/2014 s. 285(2). (3) If an application is made under subsection (1) to a registrar within the meaning of the Fines Reform Act 2014, the registrar must—
(a) refer the application to the Magistrates' Court constituted by a magistrate; and (b) cause a notice of the time and place of the hearing of the application to be given or sent to— (i) the person who served the infringement notice on the applicant or caused it to be served; and (ii) the applicant. S. 87A(4) amended by Nos 21/2005 s. 58(3)(d) (as amended by No. 24/2005 s. 31(3), 48/2006 s. 42(Sch. item 26.3)). (4) The Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, may only grant an extension of time if satisfied that the person was not in fact aware, more than 14 days before making an application under subsection (1), that the infringement notice had been issued. (5) On the granting of the extension of time— S. 87A(5)(a) amended by Nos 21/2005 s. 58(3)(e) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(c), 48/2006 s. 42(Sch. item 26.3), 9/2008 s. 42(1)(a), substituted by No. 47/2014 s. 285(3)(a). (a) the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006, despite the doing of any thing or the taking of any step in relation to it under Schedule 3 to the Children, Youth and Families Act 2005 before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and
Punt Road and includes the ESEP Project as defined in the Extension Agreement. S. 93B inserted by No. 39/1997 s. 6, repealed by No. 81/2000 s. 26(1). * * * * * Pt 4A Div. 2 (Heading and ss 93C–93F) inserted by No. 39/1997 s. 6, repealed by No. 81/2000 s. 26(2). * * * * * Division 3—Management of Exhibition Street Extension S. 93G inserted by No. 39/1997 s. 6. 93G Lease of land in Extension Project area S. 93G(1) substituted by No. 50/1998 s. 23(1). (1) The Governor in Council, on behalf of the Crown, subject to and in accordance with the Extension Agreement, may grant a lease of any Crown land— (a) which forms part of the Extension road; or (b) upon which there are works ancillary to the Extension road— to any person or persons entitled to such a lease in accordance with the Extension Agreement. S. 93G(1A) inserted by No. 50/1998 s. 23(1). (1A) In a lease under subsection (1), the Governor in Council may impose conditions, having regard, among other things, to the following matters in relation to a stratum of Crown land— (a) that reasonable access to and use of the stratum and other land be provided for; and
S. 103(2) amended by Nos 39/1997 s. 19, 50/1998 s. 31(1)(a)(b), 81/2000 s. 31(a)–(c), 6/2010 s. 203(1) (Sch. 6 item 31.16) (as amended by No. 45/2010 s. 22). (2) A Council must not exercise any of its powers under Division 2 of Part 9 of the Local Government Act 1989 inconsistently with the functions and powers of the Link corporation or the Extension corporation or a lessee under the Transport Integration Act 2010 or the regulations under that Act or the Transport (Compliance and Miscellaneous) Act 1983 or the regulations under that Act or under the Agreement or the Extension Agreement or a lease granted under Part 3 or Part 4A. S. 103(3) substituted by No. 50/1998 s. 31(2), amended by No. 85/2006 s. 173(Sch. 1 item 5.2). (3) Section 165 of the Water Act 1989 applies in relation to— (a) the Link road as if— (i) any reference in those sections to a council were a reference to the Link corporation; and (ii) any reference in those sections to a municipal district were a reference to the Link road; and (b) the Extension road as if— (i) any reference in those sections to a council were a reference to the Extension corporation; and (ii) any reference in those sections to a municipal district were a reference to the Extension road. S. 103(4) inserted by No. 86/1998 s. 21(4), substituted by No. 59/2003 s. 121(4), repealed by No. 74/2006 s. 26(1). * * * * *
104 Limitation on powers to make local laws (1) A Council must not make a local law under the Local Government Act 1989 for or with respect to— S. 104(1)(a) amended by No. 50/1998 s. 32(1). (a) the use of the Link road or the Extension road; or S. 104(1)(b) amended by No. 50/1998 s. 32(2). (b) the carrying out of works for the purposes of the Project (including the timing of works for and standards of construction of those works); or S. 104(1)(c) inserted by No. 50/1998 s. 32(2). (c) the carrying out of works by or on behalf of the Extension Corporation for the purposes of the Exhibition Street Extension Project (including the timing of works for and the standards of construction of those works). (2) Without limiting section 111(2), (3) and (4) of the Local Government Act 1989, a local law, whether made before or after the commencement of this section, is inoperative to the extent that— (a) it makes provision for or with respect to or affecting any matter or thing referred to in subsection (1); or S. 104(2)(b) amended by Nos 50/1998 s. 32(3)(a)(b), 81/2000 s. 32(a)(i)–(iv). (b) it is inconsistent with the exercise by the Link corporation, the Extension corporation or a lessee of its powers or functions under this Act or any other Act or under the Agreement or the Extension Agreement, or under a lease granted under this Act. (3) Without limiting subsection (2), a local law is inoperative to the extent that—
S. 118(1)(a) amended by Nos 50/1998 s. 36(1)(a)(i)(ii), 102/1998 s. 31(1)(a). (a) prescribing requirements with respect to placing notices on or in the vicinity of the Link road or the Extension road outside a toll zone and prescribing the information to be provided by such notices; S. 118(1)(b) amended by No. 102/1998 s. 24(b). (b) prescribing as a tolling device any system, equipment or thing (including any equipment or thing to be placed in or on a vehicle) for recording the use of a vehicle in a toll zone; S. 118(1)(ba) inserted by No. 102/1998 s. 31(1)(b). (ba) prescribing the manner in which such tolling devices are to be installed, set up, tested, operated, used, maintained or repaired; S. 118(1)(bb) inserted by No. 102/1998 s. 31(1)(b). (bb) prescribing the manner in which information from such tolling devices is to be processed, stored, transferred, produced, re-configured, used to produce reports, images or other forms of information, destroyed or otherwise handled; S. 118(1)(c) amended by Nos 50/1998 s. 36(1)(b), 102/1998 s. 31(1)(c). (c) exempting from the payment of tolls vehicles or classes of vehicles that under the Agreement or the Extension Agreement may be exempted from the payment of tolls; S. 118(1)(ca) inserted by No. 102/1998 s. 31(1)(d). (ca) the exemption by a relevant corporation of vehicles from the requirement to be registered under Part 4; S. 118(1)(d) repealed by No. 102/1998 s. 31(1)(e). * * * * * (e) prescribing methods of recording the payment of tolls;
provision in Part 5 of the Road Legislation Further Amendment Act 2007, the offence is alleged to have been committed before the commencement of that provision. (3) Part 4 of this Act, as in force immediately before the commencement of Part 5 of the Road Legislation Further Amendment Act 2007, continues to apply to offences committed before that commencement. Sch. 1 repealed by No. 81/2000 s. 37(1). * * * * * Sch. 2 amended by No. 21/1996 s. 8, substituted by No. 13/2002 s. 15(Sch. Pt 1). Unit Holding Restriction 1.1 Definitions (a) In this Schedule, unless the contrary intention appears: (1) Acquire has the meaning ascribed to it by Divisions 1 and 7 of Part 1.2 of Chapter 1 of the Corporations Law in its form as at 20 October 1995; (2) Associate has the meaning ascribed to it by Division 2 of Part 1.2 of Chapter 1 of the Corporations Law in its form as at 20 October 1995;
Accident Towing Services Act 2007, No. 30/2007 Assent Date: 24.7.07 Commencement Date: S. 238 on 1.1.09: s. 2(3) : This information relates only to the provision/s amending the Link Act 1995 Road Legislation Further Amendment Act 2007, No. 74/2007 Assent Date: 18.12.07 Commencement Date: Ss 62–73 on 1.9.08: s. 2(5) : This information relates only to the provision/s amending the Link Act 1995 Infringements and Other Acts Amendment Act 2008, No. 9/2008 Assent Date: 18.3.08 Commencement Date: S. 42 on 1.7.08: Special Gazette (No. 172) 27.6.08 p. 1 : This information relates only to the provision/s amending the Link Act 1995 Dangerous Goods Amendment (Transport) Act 2008, No. 66/2008 Assent Date: 18.11.08 Commencement Date: S. 31 on 1.1.09: Government Gazette 18.12.08 p. 2998 : This information relates only to the provision/s amending the Link Act 1995 Resources Industry Legislation Amendment Act 2009, No. 6/2009 Assent Date: 3.3.09 Commencement Date: S. 53 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Link Act 1995 Transport Legislation Miscellaneous Amendments Act 2009, No. 17/2009 Assent Date: 12.5.09 Commencement Date: S. 31 on 13.5.09: s. 2(1) : This information relates only to the provision/s amending the Link Act 1995 Road Legislation Amendment Act 2009, No. 28/2009 Assent Date: 17.6.09 Commencement Date: S. 88 on 18.6.09: s. 2(1) : This information relates only to the provision/s amending the Link Act 1995 Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009 Assent Date: 15.12.09 Commencement Date: Ss 30, 31 on 17.12.09: Government Gazette 17.12.09 p. 3339 : This information relates only to the provision/s amending the Link Act 1995