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Transport Legislation Amendment Act 2020
No. of 2020
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
Part 2--Amendment of Accident Towing Services Act 2007 4
3 Offence to drive licensed tow truck or tow truck providing
accident towing services without accreditation 4
4 Offence to fail to release towed vehicle 5
5 Regulations 5
Part 3--Amendment of Heavy Vehicle National Law Application
Act 2013 6
6 New section 9A substituted 6
Part 4--Amendment of Rail Management Act 1996 8
7 New Division 1B of Part 4 inserted 8
8 Statute law revision 20
Part 5--Amendment of Road Management Act 2004 21
9 Definitions 21
10 New section 3A inserted 22
11 Statutory duty to inspect, maintain and repair public roads 22
12 Obstruction of navigable rivers 22
13 Statute law revision 23
Part 6--Amendment of Road Safety Act 1986 24
Division 1--Registration number rights and non-standard number
plates 24
14 Definitions 24
15 Functions of Secretary 25
16 Powers of the Secretary 25
17 Sale of registration number rights 26
18 New sections 5ACA and 5ACB inserted 26
19 Non-standard number plates and replacement non-standard
number plates 29
i
Clause Page
20 New section 5AEA inserted 29
21 Administrative fees 31
22 New section 103ZN inserted 31
23 Subject-matter for regulations 32
Division 2--National Heavy Vehicle Regulator amendments 33
24 Definitions 33
25 Power to inspect motor vehicles and trailers 33
26 Seizure of number plates 33
27 General duty of driver or person in charge of motor vehicle 33
28 Offence to sell, use or possess anti-speed measuring devices 34
29 Power to prosecute 34
30 Traffic infringements 34
31 Authorisation of authorised officers 34
Division 3--Miscellaneous 35
32 Definitions 35
33 Offence if driver not licensed 36
34 Driver licences 37
35 Demerits Register 37
36 Persons whose driver licence or learner permit is suspended or
cancelled 37
37 New section 46AA inserted 38
38 Offences involving alcohol or other drugs 39
39 Offences and immobilisation orders 39
40 Zero blood or breath alcohol 39
41 Avoidance of certain provisions in contracts of insurance 40
42 General duty of driver or person in charge of motor vehicle 40
43 Definitions for Part 6A 41
44 Powers of persons authorised by Victoria Police 42
45 Sale or disposal of uncollected motor vehicles and items 42
46 Sale or disposal of motor vehicles and items deemed to be
abandoned 42
47 Notice to be given of intention to deem motor vehicle
abandoned 43
48 Application for order that motor vehicle is not abandoned 43
49 Conduct of works or activities on a highway 43
Part 7--Amendment of Transport Integration Act 2010 44
50 Functions of the Secretary 44
51 New section 125A inserted 44
52 Regulations dealing with transitional matters 45
53 Statute law revision 45
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Clause Page
Part 8--Amendment of other Acts 46
Division 1--Transport (Compliance and Miscellaneous) Act 1983 46
54 Statute law revision 46
Division 2--Transport Legislation Amendment Act 2019 46
55 Commencement 46
56 Repeal of this Act 46
57 Repeal of redundant amendment 46
Part 9--Repeal of this Act 47
58 Repeal of this Act 47
═════════════
Endnotes 48
1 General information 48
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Transport Legislation Amendment
Act 2020
No. of 2020
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Accident Towing Services
Act 2007 as to certain offences and other
matters; and
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Transport Legislation Amendment Act 2020
No. of 2020
Part 1--Preliminary
(b) to amend the Heavy Vehicle National Law
Application Act 2013 to enable the National
Heavy Vehicle Regulator to be conferred
functions and powers under the Road Safety
Act 1986 in relation to the authorisation of
its staff as authorised officers under the
Road Safety Act 1986; and
(c) to amend the Rail Management Act 1996 to
provide for the closure of private crossings
and acquisition of adjoining land; and
(d) to amend the Road Management Act 2004
to clarify who may construct or develop road
infrastructure or construct or install
road-related infrastructure to which that Act
applies; and
(e) to amend the Road Safety Act 1986--
(i) to further provide for the sale and
reservation of registration number
rights and the issue and use of
non-standard number plates; and
(ii) to enable the National Heavy Vehicle
Regulator to authorise its staff as
authorised officers under the Road
Safety Act 1986 and to authorise its
staff to be prosecution officers under
that Act; and
(iii) to further regulate drink-driving and
unlicensed driving; and
(iv) to provide for other miscellaneous
matters; and
(f) to amend the Transport (Compliance and
Miscellaneous) Act 1983 to make a statute
law revision to that Act; and
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No. of 2020
Part 1--Preliminary
(g) to amend the Transport Integration
Act 2010--
(i) to expand the functions of the Secretary
under that Act; and
(ii) to further provide for the leasing of
land by Victorian Rail Track; and
(h) to amend the Transport Legislation
Amendment Act 2019 to extend the date for
the abolition of the Roads Corporation until
30 June 2022.
2 Commencement
(1) Parts 1 and 3, section 8, Part 5, Division 2 of
Part 6, sections 35 to 37, 52 and 53, and Parts 8
and 9 come into operation on the day after the day
on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 27 October 2021, it comes into
operation on that day.
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No. of 2020
Part 2--Amendment of Accident Towing Services Act 2007
Part 2--Amendment of Accident Towing
Services Act 2007
3 Offence to drive licensed tow truck or tow truck
providing accident towing services without
accreditation
(1) In section 98(1A) of the Accident Towing
Services Act 2007, for "must not accompany the
driver of a licensed tow truck or a tow truck that is
being used for the purposes of providing accident
towing services" substitute "must not accompany
the driver of a tow truck that is being used for the
purpose of providing accident towing services
(whether or not the tow truck is a licensed tow
truck)".
(2) In section 98(1C) of the Accident Towing
Services Act 2007, for "must not accompany the
driver of a licensed tow truck or a tow truck that is
being used for the purposes of providing accident
towing services" substitute "must not accompany
the driver of a tow truck that is being used for the
purpose of providing accident towing services
(whether or not the tow truck is a licensed tow
truck)".
(3) In section 98(2)(b) of the Accident Towing
Services Act 2007, for "accompany the holder
when he or she is driving a licensed tow truck, or
a tow truck that is being driven for the purpose of
providing accident towing services" substitute
"accompany the holder when the holder is driving
a tow truck that is being used for the purpose of
providing accident towing services (whether or
not the tow truck is a licensed tow truck)".
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Part 2--Amendment of Accident Towing Services Act 2007
4 Offence to fail to release towed vehicle
In section 156(4) of the Accident Towing
Services Act 2007--
(a) in paragraph (c), for "this Act." substitute
"this Act; or";
(b) after paragraph (c) insert--
"(d) salvage fees charged in accordance
with this Act.".
5 Regulations
After section 223(1)(la) of the Accident Towing
Services Act 2007 insert--
"(lb) conferring a right of appeal or review to a
specified court or tribunal against any
decision of the Secretary under the
regulations and prescribing procedures to be
followed in any such cases;".
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Part 3--Amendment of Heavy Vehicle National Law Application Act 2013
Part 3--Amendment of Heavy Vehicle
National Law Application Act 2013
6 New section 9A substituted
For section 9A of the Heavy Vehicle National
Law Application Act 2013 substitute--
'9A Additional powers and functions of the
Regulator--authorised officers under
Victorian Acts
(1) Section 658 of the Heavy Vehicle National
Law (Victoria) applies as if after section
658(2) there were inserted--
"(3) In addition, without limiting subsection
(1), the Regulator may exercise the
powers conferred on the Regulator
under the Road Safety Act 1986.".
(2) Section 659 of the Heavy Vehicle National
Law (Victoria) applies as if after section
659(2)(n) there were inserted--
"(o) to make available members of staff of
the Regulator to be--
(i) authorised officers within the
meaning of the Road
Management Act 2004; or
(ii) authorised officers for the
purposes of section 13, 16 or 74 or
Part 9 of the Road Safety
Act 1986; or
(iii) authorised for the purposes of
section 53, 59 or 77 of the Road
Safety Act 1986; or
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(iv) authorised by or under a
prescribed Act to perform
functions or exercise powers
under that Act;
(p) any other functions conferred on the
Regulator under the Road Safety
Act 1986.".'.
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Part 4--Amendment of Rail Management Act 1996
Part 4--Amendment of Rail Management
Act 1996
7 New Division 1B of Part 4 inserted
After Division 1A of Part 4 of the Rail
Management Act 1996 insert--
"Division 1B--Private crossings
Subdivision 1--Preliminary
67J Definitions
In this Division--
corresponding previous enactment means--
(a) section 36 of the Lands
Compensation Statute 1869; and
(b) section 36 of the Lands
Compensation Act 1890; and
(c) section 36 of the Lands
Compensation Act 1915; and
(d) section 36 of the Lands
Compensation Act 1928; and
(e) section 36 of the Lands
Compensation Act 1958;
notice of closure means a notice referred to
in section 67Q;
notice of intention to close means a notice
referred to in section 67M;
private crossing means a gate, bridge,
easement, road, right-of-way, crossing,
passage or work--
(a) that provides access to private
land over a railway track; and
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(b) that is on land on which the
railway track is situated--
but does not include a public highway
or public road (within the meaning of
the Road Management Act 2004);
private crossing adjoining land means land
adjoining land on which a private
crossing is situated;
private crossing right means any right to use
or have maintained a private crossing
arising from or by reason of the giving
of a notice to a person under section
43(2) of the Land Acquisition and
Compensation Act 1986 or any
corresponding previous enactment;
transport system has the same meaning as in
section 3 of the Transport Integration
Act 2010.
67K Modification of Land Acquisition and
Compensation Act 1986--general
Section 3(3) of the Land Acquisition and
Compensation Act 1986 does not apply to
the extent that this Division is inconsistent
with that Act.
Subdivision 2--Private crossing closures
67L Secretary may close private crossings
The Secretary may close a private crossing in
accordance with this Subdivision if the
Secretary considers it necessary or desirable
for the management or development of the
transport system.
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67M Notice of intention to close
If the Secretary intends to close a private
crossing, the Secretary must serve a notice of
intention to close on--
(a) any owner of private crossing adjoining
land that the Secretary, after diligent
inquiry, believes may have a private
crossing right in relation to the private
crossing; and
(b) if the owner and occupier of any private
crossing adjoining land are not the
same person, any occupier of private
crossing adjoining land that the
Secretary, after diligent inquiry,
believes may have a private crossing
right in relation to the private crossing;
and
(c) any other person with an interest in the
private crossing adjoining land in
relation to the private crossing of whom
the Secretary is aware.
67N Form of notice of intention
(1) A notice of intention to close must--
(a) contain a description sufficient to
identify the private crossing to be
closed and the land on which the
private crossing is situated; and
(b) contain title particulars and a
description of any private crossing
adjoining land; and
(c) specify the reason why the private
crossing is to be closed; and
(d) request the person on whom the notice
has been served to advise the Secretary
of--
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Part 4--Amendment of Rail Management Act 1996
(i) any other persons who, to the
knowledge of the person on whom
the notice has been served, may
have an interest or right in relation
to the private crossing; and
(ii) any sales, transactions, licences or
approvals relating to the private
crossing adjoining land which the
person on whom the notice has
been served was proposing to
make or obtain immediately prior
to the date of service of the notice
of intention to close or which any
other person was so proposing to
make or obtain and of which the
person on whom the notice has
been served is aware; and
(iii) any other information which the
person on whom the notice has
been served may have which
would be relevant to the
assessment of compensation in
respect of the closing of the
private crossing.
(2) A description referred to in subsection (1)(a)
or (b) may be made by reference to a map or
plan included or referred to in the notice of
intention to close.
(3) If a notice of intention to close contains a
description referred to in subsection (1)(a) or
(b) which makes reference to a document
that is not included in the notice (not being a
folio of the Register kept under the Transfer
of Land Act 1958 or a memorial registered
with the Registrar-General) the Secretary
must make a copy of that document available
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Part 4--Amendment of Rail Management Act 1996
to any person, on request, free of charge by
post or email.
67O Restrictions on dealings with land
(1) If a notice of intention to close has been
served, the person on whom the notice has
been served must not, while the notice is in
force, without the consent of the Secretary--
(a) enter into any sale, transaction or
arrangement, or obtain or grant any
licence or approval with respect to the
private crossing adjoining land; or
(b) make any improvements of a durable
nature to the private crossing adjoining
land.
(2) Nothing in this section prevents--
(a) any person from discharging the private
crossing adjoining land from any
mortgage affecting the land; or
(b) a mortgagee from exercising a power of
foreclosure or sale in respect of the
private crossing adjoining land.
67P Lapse of notice
Subject to section 67ZC(1), if the Secretary
has not closed a private crossing to which a
notice of intention to close applies at the
expiration of 6 months after the service of
the notice, the notice lapses.
67Q Notice of closure
The Secretary may close a private crossing
by causing a notice declaring the private
crossing to be closed to be published in the
Government Gazette.
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Part 4--Amendment of Rail Management Act 1996
67R Time limits
Subject to section 67ZC(1), the Secretary
must not close a private crossing before the
expiration of 2 months after the service of a
notice of intention to close that private
crossing.
67S Form of notice of closure
(1) A notice of closure must--
(a) contain a description sufficient to
identify the private crossing closed and
the land on which the private crossing
was situated; and
(b) contain title particulars and a
description of any private crossing
adjoining land.
(2) A description referred to in subsection (1)(a)
or (b) may be made by reference to a map or
plan included or referred to in the notice of
closure.
(3) If a notice of closure contains a description
referred to in subsection (1)(a) or (b) which
makes reference to a document that is not
included in the notice (not being a folio of
the Register kept under the Transfer of
Land Act 1958 or a memorial registered
with the Registrar-General) the Secretary
must make a copy of that document available
to any person, on request, free of charge by
post or email.
67T Service of copy of notice of closure
Subject to section 67ZC(1), the Secretary
within 14 days after the date of closure must
cause a copy of the notice of closure to be
served on--
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Part 4--Amendment of Rail Management Act 1996
(a) a person on whom a notice of intention
to close was served in relation to the
private crossing; and
(b) any persons on whom a notice of
intention to close was not served in
relation to the private crossing, but of
whom the Secretary has since become
aware that are of a class referred to in
section 67M.
67U Effect of notice of closure
On publication in the Government Gazette of
a notice of closure--
(a) the private crossing identified in the
notice is closed; and
(b) any private crossing right in relation to
that private crossing ceases and is
extinguished; and
(c) without limiting paragraph (b), any
interest in the land on which the private
crossing is situated that forms part of or
relates to the private crossing right, in
the nature of an easement or
right-of-way, is divested; and
(d) any obligation on a person to maintain
the private crossing ceases and is
extinguished.
67V Right to compensation and assessment of
compensation
(1) Subject to subsections (3) and (5), an owner
or occupier of private crossing adjoining
land that used the private crossing or had a
private crossing right immediately before the
closing of the private crossing is entitled to
compensation for financial loss suffered as a
result of that closure.
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Part 4--Amendment of Rail Management Act 1996
(2) The amount of compensation to which the
owner or occupier is entitled must be
assessed by reference to--
(a) any diminution in the market value of
the owner's or occupier's interest (as the
case requires) in the private crossing
adjoining land caused by the closing of
the private crossing; and
(b) any other financial loss suffered or
expenses incurred as a natural, direct
and reasonable consequence of the
closing of the private crossing that is
not included in the diminution in the
market value of the owner's or
occupier's interest.
(3) An owner or occupier is not entitled to
compensation under subsection (1) if--
(a) there is adequate existing alternative
access to the private crossing adjoining
land; or
(b) the Secretary provides, or agrees to
provide, adequate alternative access to
the private crossing adjoining land.
(4) Despite subsection (3) and subject to
subsection (6), the Secretary may offer the
owner or occupier compensation in the
circumstances in subsection (3)(a) or (b).
(5) Section 67X and the Land Acquisition and
Compensation Act 1986 do not apply to an
offer of compensation under subsection (4).
(6) An owner or occupier is not entitled to
compensation under subsection (1) if the
private crossing adjoining land has been, or
is to be, acquired under section 67Y.
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Part 4--Amendment of Rail Management Act 1996
67W Initial offer of compensation
(1) After the notice of closure has been
published in the Government Gazette, the
Secretary must make an offer in writing to
each owner or occupier of whose entitlement
to compensation the Secretary is aware.
(2) An offer under this section must be made--
(a) within 30 days after the date of closure;
or
(b) within such further period as--
(i) may be agreed upon in writing
between the Secretary and the
owner or occupier; or
(ii) the Minister may certify.
(3) The offer must set out the amount that the
Secretary, on the information available, has
assessed as a fair and reasonable estimate of
the amount of compensation to which the
owner or occupier is entitled.
(4) An offer under this section must be
accompanied by--
(a) a copy of any certificate of valuation to
which the Secretary has had regard in
making the offer; and
(b) a statement explaining the difference
between the offer and the diminution in
value shown by any valuations
obtained, if there is a difference.
(5) In making the offer the Secretary must have
regard to a valuation of the private crossing
adjoining land, or the owner's or occupier's
interest in the private crossing adjoining land
(as the case requires), carried out by the
Valuer-General or a person who holds the
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Part 4--Amendment of Rail Management Act 1996
qualifications or experience specified under
section 13DA(2) of the Valuation of Land
Act 1960.
(6) To the extent that an amount of
compensation offered under this section is
not disputed, the amount offered is binding
upon the Secretary unless the Secretary can
demonstrate that the information contained
in the offer and relied upon by the Secretary
in making the offer was incorrect.
67X Response to initial offer of compensation
and determination of disputes
(1) Subject to subsection (2), Parts 10 and 11
(excluding section 104) and sections 33, 34,
35 and 36 of the Land Acquisition and
Compensation Act 1986, with any
necessary changes, apply to the response to
the initial offer of compensation and
determination of disputes under this
Subdivision as if an offer made by the
Secretary under section 67W were an offer
made under section 31 of the Land
Acquisition and Compensation Act 1986
and for that purpose--
(a) the Rail Management Act 1996 is the
special Act; and
(b) the Secretary is the Authority.
(2) Sections 34(1)(a) and 35(1)(a) of the Land
Acquisition and Compensation Act 1986
apply for the purposes of subsection (1) as if
a reference to the prescribed form were a
reference to a form approved by the
Secretary.
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Part 4--Amendment of Rail Management Act 1996
Subdivision 3--Acquisition of private
crossing adjoining land
67Y Acquisition of private crossing adjoining
land
(1) The Secretary may acquire private crossing
adjoining land by agreement or by a
compulsory process if--
(a) the Secretary considers the closing of a
private crossing necessary or desirable
for the management or development of
the transport system; and
(b) access to private crossing adjoining
land on one side of the railway would
be removed or significantly affected as
a result of the closure.
(2) An acquisition under subsection (1) may
occur in conjunction with, or as an
alternative to, the closing of a private
crossing under Subdivision 2.
67Z Application of Land Acquisition and
Compensation Act 1986--private crossing
adjoining land
(1) Subject to subsection (2), the Land
Acquisition and Compensation Act 1986
applies to this Subdivision and for that
purpose--
(a) the Rail Management Act 1996 is the
special Act; and
(b) the Secretary is the Authority; and
(c) land includes strata above or below the
surface of land and easements and
rights to use land or strata above or
below the surface of the land.
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Part 4--Amendment of Rail Management Act 1996
(2) Sections 5 and 109 of the Land Acquisition
and Compensation Act 1986 do not apply
to an acquisition under this Subdivision.
Subdivision 4--General
67ZA Service
(1) Any notice or other document which the
Secretary is required to serve on any person
under this Division may be served on that
person personally or by post.
(2) If the whereabouts of a person on whom the
Secretary is required to serve the notice or
document is not known to the Secretary, the
notice or document may be served by
affixing it in a prominent place on the land to
which it relates.
(3) A notice or other document may be served
on the Secretary by delivering or sending it
by post to the Secretary at the Department's
offices, or to the office of such person as the
Secretary may authorise to receive the notice
or document on the Secretary's behalf.
67ZB Minor misdescription not to invalidate
documents
The validity of any notice or statement under
this Division is not affected by any
misdescription in it of the private crossing,
the land or of any interest in the land if
sufficient information appears on the face of
the notice or statement to identify the private
crossing, the land or interest intended to be
affected.
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Part 4--Amendment of Rail Management Act 1996
67ZC Extension or abridgement of time
(1) If it is provided in this Division that an act or
thing may be or is required to be done within
a specified time, or not before the expiration
of a specified time, and that provision is
stated to be subject to this subsection--
(a) the Governor in Council may abridge
that time; or
(b) the Minister may extend that time; or
(c) that time may be extended or abridged
by agreement between the Secretary
and the other party concerned in the
matter.
(2) The Minister may extend time under
subsection (1)(b) despite the fact that the
time prescribed by this Division for the
doing of an act or thing has expired.".
8 Statute law revision
In section 3(1) of the Rail Management
Act 1996, the definition of Commission is
repealed.
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Part 5--Amendment of Road Management Act 2004
Part 5--Amendment of Road Management
Act 2004
9 Definitions
(1) In section 3(1) of the Road Management
Act 2004--
(a) in the definition of pathway, for
"a responsible road authority" (where twice
occurring) substitute "or on behalf of a road
authority, the State or a relevant State body";
(b) in the example at the foot of the definition of
pathway, for "a responsible road authority"
substitute "or on behalf of a road authority,
the State or a relevant State body";
(c) in the definition of road infrastructure, in
paragraph (c), for "a road authority"
substitute "or on behalf of a road authority,
the State or a relevant State body";
(d) in the definition of road-related
infrastructure, for "installed or constructed
by the relevant road authority" substitute
"constructed or installed by or on behalf of a
road authority, the State or a relevant State
body";
(e) in the example at the foot of the definition of
road-related infrastructure, for "the relevant
road authority" substitute "or on behalf of a
road authority, the State or a relevant State
body";
(f) in the definition of roadway--
(i) before "developed" insert "constructed
or";
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(ii) for "a road authority" substitute "or on
behalf of a road authority, the State or a
relevant State body".
(2) In section 3(1) of the Road Management
Act 2004 insert the following definitions--
"public authority means a person or body
(including a trust) established by or under an
Act for a public purpose other than a road
authority;
relevant State body means a public authority
specified under section 3A;".
10 New section 3A inserted
After section 3 of the Road Management
Act 2004 insert--
"3A Specification of public authority as a
relevant State body
The Minister may, by notice published in the
Government Gazette, specify a public
authority that has a function or power to
construct, develop or install road
infrastructure or road-related infrastructure
as a relevant State body.".
11 Statutory duty to inspect, maintain and repair
public roads
In section 40(4)(b) of the Road Management
Act 2004, for "a road authority" substitute "or on
behalf of a road authority, the State or a relevant
State body".
12 Obstruction of navigable rivers
In section 130 of the Road Management
Act 2004, for "by a road authority as" substitute
"or on behalf of a road authority, the State or a
relevant State body forming".
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13 Statute law revision
(1) In section 24(3)(b) of the Road Management
Act 2004, for "road related" substitute
"road-related".
(2) In the example at the foot of section 40(5) of the
Road Management Act 2004, for "non-road
related" substitute "non road-related".
(3) In section 41(1) and (2)(a) of the Road
Management Act 2004, for "road related"
substitute "road-related".
(4) In clause 3(1)(a) of Schedule 5 to the Road
Management Act 2004, for "road related"
substitute "road-related".
(5) In clause 35(2) of Schedule 5A to the Road
Management Act 2004, after "continues" insert
"to".
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Part 6--Amendment of Road Safety Act 1986
Part 6--Amendment of Road Safety Act 1986
Division 1--Registration number rights and
non-standard number plates
14 Definitions
(1) In section 3(1) of the Road Safety Act 1986, for
the definition of non-standard number plate
substitute--
"non-standard number plate means a number
plate that is one or more of the following--
(a) a number plate that bears a registration
number that is the subject of
registration number rights;
(b) a number plate that, at the time of issue,
is not of the design, size, colour or
material of number plates then
generally issued on payment of the
basic fee prescribed for the issue of
number plates;
(c) a number plate or class of number plate
that is determined by the Secretary, in
accordance with subsections (8) and
(9), to be a non-standard number plate
or a class of non-standard number
plate;".
(2) After section 3(7) of the Road Safety Act 1986
insert--
"(8) The Secretary may determine a number plate
to be a non-standard number plate or a class
of number plate to be a class of non-standard
number plate for the purpose of the
definition of non-standard number plate in
subsection (1).
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Part 6--Amendment of Road Safety Act 1986
(9) A determination under subsection (8)--
(a) must be published in the Government
Gazette; and
(b) has effect on its publication in the
Government Gazette or on the later date
specified in the determination.".
15 Functions of Secretary
For section 5AA(ca) of the Road Safety Act 1986
substitute--
"(ca) to sell and reserve registration number rights;
and
(cb) to enter into contracts for the sale and
reservation of registration number rights; and
(cc) to determine periodical charges for
registration number rights; and
(cd) to issue non-standard number plates and
replacement non-standard number plates;
and
(ce) to enter into contracts for the issue and use of
non-standard number plates and replacement
non-standard number plates; and
(cf) to determine periodical charges for the use of
non-standard number plates or replacement
non-standard number plates; and".
16 Powers of the Secretary
For section 5AB(1)(ga) of the Road Safety
Act 1986 substitute--
"(ga) collect money received--
(i) on the sale of registration number rights
and the reservation of registration
number rights; and
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(ii) for the payment of periodical charges
for registration number rights; and
(iii) on the issue and on the use of
non-standard number plates and
replacement non-standard number
plates; and
(iv) for the payment of periodical charges
for the use of non-standard number
plates and replacement non-standard
number plates; and".
17 Sale of registration number rights
In section 5AC(1) of the Road Safety Act 1986,
after "regulations," insert "enter into a contract
to".
18 New sections 5ACA and 5ACB inserted
After section 5AC of the Road Safety Act 1986
insert--
"5ACA Periodical charge for registration number
rights
(1) A contract for the sale of registration number
rights under section 5AC may provide that,
in addition to the consideration payable on
the sale, a periodical charge is payable for
the registration number rights.
(2) If, under subsection (1), a contract provides
that a periodical charge is payable--
(a) the periods for which the charge must
be paid must be specified in the
contract; and
(b) the Secretary may determine the
amount of the charge to be paid in
respect of each period which may be
increased or decreased from the amount
payable for the previous period.
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(3) A determination of the Secretary under
subsection (2)(b)--
(a) may be made in respect of one or more
registration number rights; and
(b) may be made in respect of one or more
periods; and
(c) for an increase in the amount of the
charge, must not have effect before the
commencement of the period for which
the charge is to be paid that
immediately follows the making of the
determination.
(4) If the Secretary, in making a determination
under subsection (2)(b), increases the
amount of the charge, the Secretary must
give the person liable to pay the charge
notice of the alteration of the charge at least
6 weeks before the commencement of the
period for which the charge is to be paid.
(5) In making a determination under subsection
(2)(b), the Secretary may calculate the
charge by reference to--
(a) any increase or decrease in the market
value of the registration number rights;
or
(b) anything else as determined by the
Secretary.
(6) The amount of any periodical charge under
this section--
(a) may vary according to the particular
registration number or class of
registration number; and
(b) is not required to be related in any way
to the cost to the Secretary of providing
any service.
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5ACB Reservation of registration number rights
(1) The Secretary may, in accordance with the
regulations, enter into a contract with a
person to reserve particular registration
number rights from sale to any other person.
(2) If the Secretary has entered into a contract
with a person under subsection (1) the
Secretary must not sell those registration
number rights to any other person during the
term of the contract.
(3) Registration number rights to a registration
number--
(a) assigned to a vehicle may only be
reserved to the registered operator of
the vehicle; or
(b) not assigned to a vehicle may be
reserved to any person.
(4) A contract to reserve any registration number
rights does not confer any proprietary
interest in those registration number rights
on the person who has entered into the
contract.
(5) Any consideration payable under a contract
under this section--
(a) may vary according to the particular
registration number rights or class of
registration number rights; and
(b) is not required to be related in any way
to the cost to the Secretary of providing
any service.".
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19 Non-standard number plates and replacement
non-standard number plates
(1) In the heading to section 5AE of the Road Safety
Act 1986, after "replacement" insert
"non-standard".
(2) For section 5AE(1) of the Road Safety Act 1986
substitute--
"(1) The Secretary may, in accordance with the
regulations, enter into contracts for either or
both of the following--
(a) the issue of non-standard number plates
and replacement non-standard number
plates;
(b) the use of non-standard number plates
and replacement non-standard number
plates.
(1A) The consideration payable under a contract
under subsection (1) may be provided for in
the contract, or determined at auction or by
inviting tenders.".
(3) In section 5AE(2) of the Road Safety Act 1986,
for "a fee fixed for the issue of a non-standard
number plate or a replacement number plate"
substitute "any consideration payable under a
contract under subsection (1)".
20 New section 5AEA inserted
After section 5AE of the Road Safety Act 1986
insert--
"5AEA Periodical charge for use of non-standard
number plates or replacement
non-standard number plates
(1) A contract under section 5AE for the use of a
non-standard number plate or a replacement
non-standard number plate may provide that,
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Part 6--Amendment of Road Safety Act 1986
in addition to the consideration payable on
entering into the contract, a periodical charge
is payable for the use of the non-standard
number plate or replacement non-standard
number plate.
(2) If, under subsection (1), a contract provides
that a periodical charge is payable--
(a) the periods for which the charge must
be paid must be specified in the
contract; and
(b) the Secretary may determine the
amount of the charge to be paid in
respect of each period which may be
increased or decreased from the amount
payable for the previous period.
(3) A determination of the Secretary under
subsection (2)(b)--
(a) may be made in respect of one or more
non-standard number plates or
replacement non-standard number
plates; and
(b) may be made in respect of one or more
periods; and
(c) for an increase in the amount of the
charge, must not have effect before the
commencement of the period for which
the charge is to be paid that
immediately follows the making of the
determination.
(4) If the Secretary, in making a determination
under subsection (2)(b), increases the
amount of the charge, the Secretary must
give the person liable to pay the charge
notice of the alteration of the charge at least
6 weeks before the commencement of the
period for which the charge is to be paid.
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Part 6--Amendment of Road Safety Act 1986
(5) In making a determination under subsection
(2)(b), the Secretary may calculate the
charge by reference to--
(a) any increase or decrease in the market
value of the non-standard number
plates or replacement non-standard
number plates; or
(b) anything else as determined by the
Secretary.
(6) The amount of any periodical charge under
this section--
(a) may vary according to the particular
non-standard number plate or
replacement non-standard number plate
or class of non-standard number plate
or replacement non-standard number
plate; and
(b) is not required to be related in any way
to the cost to the Secretary of providing
any service.".
21 Administrative fees
In section 97A(3) of the Road Safety Act 1986,
for "section 5AC(4) or 5AE(2)" substitute
"section 5AC(4), 5ACA(6), 5ACB(5), 5AE(2) and
5AEA(6)".
22 New section 103ZN inserted
After section 103ZM of the Road Safety
Act 1986 insert--
"103ZN Transitional provision--Transport
Legislation Amendment Act 2020
The amendments made to this Act--
(a) by section 18 of the Transport
Legislation Amendment Act 2020 do
not apply to any registration number
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Part 6--Amendment of Road Safety Act 1986
rights sold before the commencement
of that section; and
(b) by section 20 of the Transport
Legislation Amendment Act 2020 do
not apply to any non-standard number
plates or replacement non-standard
number plates issued before the
commencement of that section.".
23 Subject-matter for regulations
(1) For clause 15E of Schedule 2 to the Road Safety
Act 1986 substitute--
"15E. In relation to registration number rights--
(a) the sale or reservation of those rights;
and
(b) the circumstances in which those rights
may be sold or reserved; and
(c) the terms and conditions for contracts
for the sale of those rights or the
reservation of those rights; and
(d) the authorisation of agents to enter into
contracts for the sale or reservation of
those rights.
15EA. In relation to non-standard number plates
and replacement non-standard number
plates--
(a) the issue and use of those number
plates; and
(b) the circumstances in which those
number plates may be issued and used;
and
(c) the terms and conditions for contracts
for the issue and use of those number
plates; and
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Part 6--Amendment of Road Safety Act 1986
(d) the authorisation of agents to enter into
contracts for the issue and use of those
number plates.".
Division 2--National Heavy Vehicle Regulator
amendments
24 Definitions
In section 3(1) of the Road Safety Act 1986--
(a) for the definition of authorised officer
substitute--
"authorised officer means a person
authorised by the Secretary or the
Regulator under section 112;";
(b) in the definition of prosecution officer, in
paragraph (c), after "(c)" insert ", (dc)".
25 Power to inspect motor vehicles and trailers
In section 13(6)(ba) of the Road Safety Act 1986,
after "Secretary" insert "or the Regulator".
26 Seizure of number plates
In section 16(2)(c) of the Road Safety Act 1986,
after "Secretary" insert "or the Regulator".
27 General duty of driver or person in charge of motor
vehicle
(1) After section 59(1)(a)(ia) of the Road Safety
Act 1986 insert--
"(ib) a member of staff of the Regulator
authorised in writing by the Secretary or the
Regulator for that purpose (an authorised
Regulator employee); or".
(2) In section 59(1)(c) and (d) of the Road Safety
Act 1986, after "Secretary" (where secondly
occurring) insert "or the Regulator".
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Part 6--Amendment of Road Safety Act 1986
(3) In section 59(7) of the Road Safety Act 1986,
after "Secretary" (where secondly occurring)
insert "or the Regulator".
28 Offence to sell, use or possess anti-speed measuring
devices
In section 74(5) of the Road Safety Act 1986, in
the definition of authorised officer, in paragraph
(c), after "Secretary" insert "or the Regulator".
29 Power to prosecute
(1) After section 77(2)(db) of the Road Safety
Act 1986 insert--
"(dc) a member of staff of the Regulator
authorised in writing to do so either
generally or in any particular case by the
Secretary or the Regulator;".
(2) In section 77(5A) of the Road Safety Act 1986,
after "(2)(db)" insert "or (dc)".
30 Traffic infringements
In section 88(1) and (6) of the Road Safety
Act 1986, for "(d)" substitute "(dc)".
31 Authorisation of authorised officers
(1) In section 112(1) of the Road Safety Act 1986--
(a) after "authorise" insert ", in writing,";
(b) after "Regulator," insert "or the Regulator
may authorise, in writing, a staff member of
the Regulator,".
(2) In section 112(2) of the Road Safety Act 1986,
after "Secretary" insert "or Regulator, as the case
requires,".
(3) In section 112(3) of the Road Safety Act 1986,
after "Secretary" insert "or Regulator, as the case
requires,".
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Part 6--Amendment of Road Safety Act 1986
(4) In section 112(4) of the Road Safety Act 1986,
for "a person's authorisation under this section"
substitute "an authorisation given to a person by
the Secretary under this section".
(5) After section 112(4) of the Road Safety Act 1986
insert--
"(5) If an authorisation given to a person by the
Regulator under this section is revoked,
expires or otherwise ceases to have effect,
the person must return their identity card and
any document they were given under
subsection (3) to the Regulator as soon as is
practicable.
Penalty: 60 penalty units.".
Division 3--Miscellaneous
32 Definitions
(1) In section 3(1) of the Road Safety Act 1986--
(a) for the definition of chassis number
substitute--
"chassis number, in relation to a motor
vehicle, means the identification
number (not being a vehicle
identification number) permanently
marked on the chassis or other part of
the vehicle--
(a) by the vehicle manufacturer at the
time of manufacture; or
(b) as specified by the Secretary in
accordance with the regulations;
or
(c) in accordance with the law of
another State or a Territory of the
Commonwealth that corresponds
with the regulations;";
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Part 6--Amendment of Road Safety Act 1986
(b) for the definition of vehicle identifier
substitute--
"vehicle identifier, in relation to a motor
vehicle, means--
(a) the vehicle identification number
permanently marked on the
vehicle; or
(b) the chassis number permanently
marked on the vehicle;";
(c) in paragraph (a) of the definition of vehicle
identification number, for "placed on"
substitute "permanently marked on".
(2) In section 3(1) of the Road Safety Act 1986, the
definition of large vehicle is repealed.
(3) For section 3(2)(b) of the Road Safety Act 1986
substitute--
"(b) declare any motor vehicle or class of motor
vehicles not to be a motor vehicle or motor
vehicles for the purposes of this Act or a
specified provision of this Act, for the whole
of the State or a specified part of the State;
and".
(4) After section 3(2) of the Road Safety Act 1986
insert--
"(2A) An Order published under subsection (2)
may differ according to time, place or
circumstance.".
33 Offence if driver not licensed
For section 18(3) of the Road Safety Act 1986
substitute--
"(3) The person is liable to a penalty not
exceeding 240 penalty units or to
imprisonment for not more than 2 years if
the court is satisfied that--
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Part 6--Amendment of Road Safety Act 1986
(a) the person was disqualified under this
Act or the Sentencing Act 1991 from
obtaining a driver licence or learner
permit; and
(b) the person has ceased to be disqualified
from obtaining a driver licence or
learner permit; and
(c) were the person to hold a driver licence
or learner permit, an alcohol interlock
condition may be imposed on the driver
licence or learner permit.".
34 Driver licences
(1) In section 19(5) of the Road Safety Act 1986, for
"large vehicle" substitute "heavy vehicle or bus".
(2) In section 19(6) of the Road Safety Act 1986, for
"large vehicle" (where twice occurring) substitute
"heavy vehicle or bus".
35 Demerits Register
For section 35(2) of the Road Safety Act 1986
substitute--
"(2) The Secretary must record demerit points
that are incurred by any person in the
Demerits Register.".
36 Persons whose driver licence or learner permit is
suspended or cancelled
(1) In section 41A(2)(b) of the Road Safety
Act 1986, for "as at the date of issue of the
demerit point option notice" substitute "as at the
date of issue of the notice of suspension under
subsection (5)".
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Part 6--Amendment of Road Safety Act 1986
(2) In section 41A(4) of the Road Safety Act 1986--
(a) in paragraph (a)(ii), for "as at the date of
issue of the demerit point option notice"
substitute "as at the date of issue of the
notice of suspension under subsection (5)";
(b) in paragraph (b)(ii), for "as at the date of
issue of the demerit point option notice"
substitute "as at the date of issue of the
notice of suspension under subsection (5)".
(3) In section 41A(6) of the Road Safety Act 1986,
for "as at the date of issue of the demerit point
option notice" substitute "as at the date of issue
of the notice of suspension under subsection (5)".
37 New section 46AA inserted
After section 46 of the Road Safety Act 1986
insert--
"46AA Effect of cancellation of demerit points on
suspensions under sections 41 and 41A
(1) The Secretary must cancel the suspension of
a person's driver licence or learner permit
under section 41 if all the demerit points that
gave rise to the suspension are cancelled.
(2) The Secretary must recalculate and, if
necessary, adjust a period of suspension
imposed on a person under section 41 if--
(a) any of the demerit points recorded
against the person that gave rise to the
suspension are cancelled; and
(b) without those points, the Secretary must
still suspend the person's driver licence
or learner permit under section 41.
(3) The Secretary must cancel the suspension of
a person's driver licence or learner permit
under section 41A if all the demerit points
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Part 6--Amendment of Road Safety Act 1986
that gave rise to the suspension are
cancelled.
(4) The Secretary must recalculate and, if
necessary, adjust a period of suspension
imposed on a person under section 41A if--
(a) any of the demerit points recorded
against the person that gave rise to the
suspension are cancelled; and
(b) without those points, the Secretary must
still suspend the person's driver licence
or learner permit under section 41A.".
38 Offences involving alcohol or other drugs
For section 49(3AA) of the Road Safety
Act 1986 substitute--
"(3AA) A person who is guilty of a supervising
driver offence is liable to a penalty of not
more than 20 penalty units.".
39 Offences and immobilisation orders
For section 50AAD(2) of the Road Safety
Act 1986 substitute--
"(2) A person who is guilty of an offence against
subsection (1) is liable to a penalty not
exceeding 240 penalty units or to
imprisonment for not more than 2 years.".
40 Zero blood or breath alcohol
(1) In section 52(1) of the Road Safety Act 1986,
after "but" insert ", subject to the operation of any
other subsection of this section,".
(2) For section 52(1A) of the Road Safety Act 1986
substitute--
"(1A) This section also applies to a person while
that person is driving or in charge of a heavy
vehicle or bus.".
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Part 6--Amendment of Road Safety Act 1986
41 Avoidance of certain provisions in contracts of
insurance
In section 58A(1) of the Road Safety Act 1986,
for "large vehicle" substitute "heavy vehicle or
bus".
42 General duty of driver or person in charge of motor
vehicle
(1) In section 59(2) of the Road Safety Act 1986, for
"(3) and (4)" substitute "(3), (3A), (3B) and (4)".
(2) For section 59(3) and (3A) of the Road Safety
Act 1986 substitute--
"(3) A person who fails to produce the person's
driver licence document or learner permit
document for inspection when requested or
signalled to do so under subsection (1)(a) or
(1A)(a) is not guilty of an offence under this
section if the person--
(a) is not a relevant person as set out in
subsection (3A); and
(b) gives a reasonable excuse for the
failure; and
(c) provides a specimen of the person's
signature; and
(d) within 7 days produces the person's
driver licence document or learner
permit document at the police station
(if any) specified by the police officer
or other person who requested its
production.
(3A) For the purposes of subsection (3)(a), the
following persons are relevant persons--
(a) a person who holds a probationary
driver licence;
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Part 6--Amendment of Road Safety Act 1986
(b) a person who is driving or in charge of
a heavy vehicle or bus in respect of
which section 19(5) applies;
(c) a person who is driving or in charge of
a motor cycle during the period of
3 years from the first issue of a driver
licence which authorises the person to
drive a motor cycle;
(d) a person who has been issued with a
driver licence or learner permit under
an order of the Magistrates' Court made
on an application for a licence
eligibility order or that is subject to an
alcohol interlock condition imposed by
the Secretary under section 31KA or
31KB.
(3B) In calculating the period of 3 years referred
to in subsection (3A)(c), any period for
which the person's driver licence has been
suspended, or the person has been
disqualified from driving during that 3 year
period, must be excluded.".
43 Definitions for Part 6A
(1) In section 84C(1) of the Road Safety Act 1986, in
the definition of designated period, for "but if the
period expires outside of normal business hours,
the period extends to 9.00 a.m. on the next
business day, being a day other than a Saturday, a
Sunday or a public holiday appointed under the
Public Holidays Act 1993" substitute "but if the
period expires outside of normal business hours,
the period extends to--
(a) 9.00 a.m. on the next business day, being a
day other than a Saturday, a Sunday or a
public holiday appointed under the Public
Holidays Act 1993; or
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Part 6--Amendment of Road Safety Act 1986
(b) if the vehicle is impounded or stored at a
holding yard, on the next day that the
holding yard is open".
(2) After section 84C(4) of the Road Safety Act 1986
insert--
"(5) For the purposes of this Part, a motor vehicle
is taken to be disposed of if the motor
vehicle is given to a police officer, a member
of the public service (within the meaning of
the Public Administration Act 2004) or a
public sector body (within the meaning of
that Act) for use by a police officer, a
member of the public service or a public
sector body in the course of that person or
body performing the person's or body's
functions or carrying out the person's or
body's duties, including the training of
persons.".
44 Powers of persons authorised by Victoria Police
For section 84J(g) of the Road Safety Act 1986
substitute--
"(g) release an impounded or immobilised motor
vehicle;".
45 Sale or disposal of uncollected motor vehicles and
items
In section 84ZQ(3)(a) of the Road Safety
Act 1986, after "motor vehicle" insert
"(other than any proceedings under Part 10 of the
Fines Reform Act 2014)".
46 Sale or disposal of motor vehicles and items deemed
to be abandoned
In section 84ZQAB of the Road Safety
Act 1986--
(a) in subsection (2)(b)(i), for "30" substitute
"14";
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Part 6--Amendment of Road Safety Act 1986
(b) in subsection (2C)(c), for "30" substitute
"14".
47 Notice to be given of intention to deem motor vehicle
abandoned
In section 84ZQAC(4) of the Road Safety
Act 1986, for "30" substitute "14".
48 Application for order that motor vehicle is not
abandoned
In section 84ZQAD(5)(b) of the Road Safety
Act 1986, for "at some time in the future"
substitute "within 2 months of the vehicle first
becoming available for collection or release".
49 Conduct of works or activities on a highway
For the penalty at the foot of section 99A(2) of the
Road Safety Act 1986 substitute--
"Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.".
43
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No. of 2020
Part 7--Amendment of Transport Integration Act 2010
Part 7--Amendment of Transport
Integration Act 2010
50 Functions of the Secretary
For section 33A(1)(m) of the Transport
Integration Act 2010 substitute--
"(m) protect existing and future options for the
improvement of the transport system,
including by holding, retaining, reserving
and acquiring land for existing and future
transport corridors; and".
51 New section 125A inserted
After section 125 of the Transport Integration
Act 2010 insert--
"125A Victorian Rail Track powers to lease
reserved and unreserved Crown land for
up to 99 years
(1) With the consent of the Secretary, Victorian
Rail Track may enter into a lease for up to 99
years of--
(a) land temporarily or permanently
reserved under the Crown Land
(Reserves) Act 1978 that Victorian
Rail Track manages under that Act; or
(b) unreserved Crown land under the Land
Act 1958 that Victorian Rail Track
manages under that Act.
(2) Subsection (1) has effect despite anything to
the contrary in the Crown Land (Reserves)
Act 1978 or the Land Act 1958.".
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Part 7--Amendment of Transport Integration Act 2010
52 Regulations dealing with transitional matters
In section 326(6) of the Transport Integration
Act 2010, for "second anniversary" substitute
"third anniversary".
53 Statute law revision
In section 87(b) of the Transport Integration
Act 2010, before "make" insert "to".
45
Transport Legislation Amendment Act 2020
No. of 2020
Part 8--Amendment of other Acts
Part 8--Amendment of other Acts
Division 1--Transport (Compliance and
Miscellaneous) Act 1983
54 Statute law revision
Section 220D(1B) of the Transport (Compliance
and Miscellaneous) Act 1983 is repealed.
Division 2--Transport Legislation Amendment
Act 2019
55 Commencement
In section 2(3) of the Transport Legislation
Amendment Act 2019, for "30 June 2021"
substitute "30 June 2022".
56 Repeal of this Act
In section 196 of the Transport Legislation
Amendment Act 2019, for "30 June 2022"
substitute "30 June 2023".
57 Repeal of redundant amendment
Section 191(1) of the Transport Legislation
Amendment Act 2019 is repealed.
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Transport Legislation Amendment Act 2020
No. of 2020
Part 9--Repeal of this Act
Part 9--Repeal of this Act
58 Repeal of this Act
This Act is repealed on 27 October 2022.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
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No. of 2020
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Accident Towing Services Act 2007, the Heavy Vehicle National Law
Application Act 2013, the Rail Management Act 1996, the Road
Management Act 2004, the Road Safety Act 1986, the Transport
(Compliance and Miscellaneous) Act 1983, the Transport Integration
Act 2010 and the Transport Legislation Amendment Act 2019 and for
other purposes. "
By Authority. Government Printer for the State of Victoria.
48
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