Victorian Current Acts Victorian Current ActsNo. 12 of 2004
Version incorporating amendments as at
30 June 2022
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Version No. 064
No. 12 of 2004
Version incorporating amendments as at
30 June 2022
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 5 March 2004
Legislative Council: 22 April 2004
The long title for the Bill for this Act was "to reform the law relating to road management in Victoria, to amend the Transport Act 1983, the Road Safety Act 1986 and the Local Government Act 1989 and to make related amendments to certain other Acts and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 5 March 2004
Legislative Council: 22 April 2004
Majorities:
Legislative Assembly: 1 April 2004 (absolute)
Legislative Council: 4 May 2004 (simple1)
1 See Ministerial statement made in the Legislative Council on 5 May 2004 as reported in Parliamentary Debates (Hansard) at pages 586–587.
The Road Management Act 2004 was assented to on 11 May 2004 and came into operation as follows:
Part 1 (sections 1–6), Part 4 Division 1 (sections 20–32) and
Part 4 Division 5 (sections 49–55) on 12 May 2004: section 2(1); Part
2
(sections 7–10), Part 3 (sections 11–19), Part 4 Division 2
(sections 33–39), Part 4 Division 3 (sections 40–46), Part 4
Division 6 (sections 56–59),
Part 5 Division 3 (sections 71–89),
Part 5 Division 4 (sections 90–96),
Part 6 (sections 97–116),
Part 7 (sections 117–135), Part 8 Division 1 (sections 136, 137), Part 8
Division 2 (sections 138–140), Part 8 Division 4 (sections 143–147),
Part 8 Division 5 (sections 148–169), Schedules 1–6, Schedule 8 and
Schedule 9 on 1 July 2004: section 2(2); Part 4 Division 4 (sections
47, 48), Part 5 Division 1 (sections 60–65), Part 5 Division 2
(sections 66–70), Part 8 Division 3 (sections 141, 142), Part 8 Division 6
(sections 170–179), Schedule 7 and Schedule 10 on 1 January 2005:
section 2(4).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Road Management Act 2004 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Road Management Act 2004, No. 12/2004
|
Assent Date: |
11.5.04 |
|
Commencement Date: |
Sch. 7A cl. 4(5) inserted on 1.1.08 by No. 74/2007 s. 79: s. 2(7); s. 142(6) inserted on 1.1.20 by No. 49/2019 s. 182: Special Gazette (No. 514) 10.12.19 p. 1 |
|
Note: |
Sch. 7A cl. 4(5) provided that Sch. 7A cl. 4 expired on 1.7.13; s. 142(6) provided that s. 142 expired on 1.1.22 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Mitcham-Frankston Project Act 2004, No. 39/2004
|
Assent Date: |
8.6.04 |
|
Commencement Date: |
Ss 266, 270, 272, 273, 276, 277 on 9.6.04: s. 2(1); ss 262–265, 267–269, 271, 274, 275, 278 on 24.9.04: Special Gazette (No. 206) 22.9.04 p. 1 |
|
Current State: |
This information relates only to provision/s amending the Road Management Act 2004 |
Public Administration Act 2004, No. 108/2004
|
Assent Date: |
21.12.04 |
|
Commencement Date: |
S. 117(1)(Sch. 3 item 175) on 5.4.05: Government Gazette 31.3.05 p. 602 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Transport Legislation (Amendment) Act 2004, No. 110/2004
|
Assent Date: |
21.12.04 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to provision/s amending the Road Management Act 2004 |
Mitcham-Frankston Project (Amendment) Act 2005, No. 14/2005
|
Assent Date: |
10.5.05 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Road Safety (Further Amendment) Act 2005, No. 24/2005
|
Assent Date: |
31.5.05 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Pipelines Act 2005, No. 61/2005
|
Assent Date: |
20.9.05 |
|
Commencement Date: |
S. 221 on 1.4.07: Government Gazette 29.3.07 p. 532 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005
|
Assent Date: |
29.11.05 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Rail Safety Act 2006, No. 9/2006
|
Assent Date: |
4.4.06 |
|
Commencement Date: |
S. 160 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
|
Assent Date: |
13.6.06 |
|
Commencement Date: |
S. 94(Sch. item 43) on 1.7.06: Government Gazette 29.6.06 p. 1315 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
City of Melbourne and Docklands Acts (Governance) Act 2006, No. 74/2006
|
Assent Date: |
10.10.06 |
|
Commencement Date: |
S. 29 on 1.7.07: Government Gazette 28.6.07 p. 1303 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Road Legislation (Projects and Road Safety) Act 2006, No. 81/2006
|
Assent Date: |
10.10.06 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Water (Governance) Act 2006, No. 85/2006
|
Assent Date: |
17.10.06 |
|
Commencement Date: |
S. 165 on 1.7.07: s. 2(3) |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Transport Legislation Amendment Act 2007, No. 69/2007
|
Assent Date: |
11.12.07 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Road Legislation Further Amendment Act 2007, No. 74/2007
|
Assent Date: |
18.12.07 |
|
Commencement Date: |
Ss 74, 76, 78 on 19.12.07: s. 2(1); ss 75, 77, 79 on 1.1.08: s. 2(7) |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Bus Safety Act 2009, No. 13/2009
|
Assent Date: |
7.4.09 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Transport Legislation Miscellaneous Amendments Act 2009, No. 17/2009
|
Assent Date: |
12.5.09 |
|
Commencement Date: |
Ss 10–19, 22–24 on 13.5.09: s. 2(1); ss 20, 21 on 1.7.09: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Road Legislation Amendment Act 2009, No. 28/2009
|
Assent Date: |
17.6.09 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
|
Assent Date: |
24.11.09 |
|
Commencement Date: |
S. 97(Sch. item 105) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009
|
Assent Date: |
15.12.09 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009
|
Assent Date: |
15.12.09 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)
|
Assent Date: |
2.3.10 |
|
Commencement Date: |
Ss 24(5)(Sch. 1 item 14), 203(1)(Sch. 6 item 41) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010
|
Assent Date: |
18.5.10 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Road Legislation Miscellaneous Amendments Act 2010, No. 75/2010
|
Assent Date: |
19.10.10 |
|
Commencement Date: |
S. 11 on 1.11.10: Government Gazette 21.10.10 p. 2531 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Transport Legislation Amendment (Public Transport Development Authority) Act 2011, No. 61/2011
|
Assent Date: |
15.11.11 |
|
Commencement Date: |
S. 25 on 15.12.11: Special Gazette (No. 407) 13.12.11 p. 1; Sch. 1 item 10 on 2.4.12: Special Gazette (No. 101) 27.3.12 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Road Safety Amendment Act 2012, No. 50/2012
|
Assent Date: |
4.9.12 |
|
Commencement Date: |
Ss 30, 31 on 1.10.12: Special Gazette (No. 324) 26.9.12 p. 2 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Road Management Amendment (Peninsula Link) Act 2012, No. 70/2012
|
Assent Date: |
20.11.12 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Rail Safety National Law Application Act 2013, No. 22/2013
|
Assent Date: |
23.4.13 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013, No. 55/2013
|
Assent Date: |
24.9.13 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Statute Law Revision Act 2013, No. 70/2013
|
Assent Date: |
19.11.13 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Emergency Management Act 2013, No. 73/2013
|
Assent Date: |
3.12.13 |
|
Commencement Date: |
S. 103 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
|
Assent Date: |
3.6.14 |
|
Commencement Date: |
S. 10(Sch. item 146) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
|
Assent Date: |
27.6.14 |
|
Commencement Date: |
S. 33(Sch. item 24) on 30.6.14: s. 2(5) |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Filming Approval Act 2014, No. 51/2014
|
Assent Date: |
12.8.14 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Statute Law Revision Act 2015, No. 21/2015
|
Assent Date: |
16.6.15 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Road Legislation Amendment Act 2016, No. 5/2016
|
Assent Date: |
16.2.16 |
|
Commencement Date: |
S. 13 on 17.2.16: s. 2(1), ss 14, 15 on 15.4.16: Special Gazette (No. 92) 12.4.16 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Road Management Amendment (Bus Stop Delivery Powers) Act 2016, No. 45/2016
|
Assent Date: |
23.8.16 |
|
Commencement Date: |
24.8.16: s. 2 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Road Legislation Further Amendment Act 2016, No. 70/2016
|
Assent Date: |
29.11.16 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Act 2017, No. 3/2017
|
Assent Date: |
14.2.17 |
|
Commencement Date: |
S. 50(Sch. 1 item 8) on 12.4.17: Special Gazette (No. 117) 12.4.17 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017
|
Assent Date: |
24.10.17 |
|
Commencement Date: |
S. 90 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019 (as amended by No. 49/2019)
|
Assent Date: |
26.3.19 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019
|
Assent Date: |
6.11.19 |
|
Commencement Date: |
S. 117(Sch. 1 item 11) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Transport Legislation Amendment Act 2019, No. 49/2019[1] (as amended by No. 41/2020)
|
Assent Date: |
3.12.19 |
|
Commencement Date: |
S. 187 on 4.12.19: s. 2(1); ss 173−182, 183(Sch. 3 items 1−27, 29−54) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1; s. 183(Sch. 3 item 28) on 30.6.22: s. 2(3) |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Local Government Act 2020, No. 9/2020
|
Assent Date: |
24.3.20 |
|
Commencement Date: |
S. 390(Sch. 1 item 87) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
North East Link Act 2020, No. 18/2020
|
Assent Date: |
10.6.20 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Transport Legislation Amendment Act 2020, No. 41/2020
|
Assent Date: |
1.12.20 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
Transport Legislation Miscellaneous Amendments Act 2021, No. 30/2021
|
Assent Date: |
10.8.21 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Road Management Act 2004 |
–––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Table of Amendments (Transport Legislation Amendment Act 2019): The amendment proposed by section 183(Schedule 3 item 54) of the Transport Legislation Amendment Act 2019, No. 49/2019 is not included in this publication due to the earlier expiry of clause 4 of Schedule 7A by clause 4(5).
Schedule 3 item 54 reads as follows:
Schedule 3—Consequential amendments to Road Management Act 2004
Section 183
54 In Schedule 7A, clause 4 is repealed.