EastLink Project Regulations 2016FILE/16-150sr001.docx · Web viewOCPC Victoria, Word 2007, Template Release 28/07/2016 (PROD)

Version No. 001

EastLink Project Regulations 2016S.R. No. 150/2016

Version as at13 December 2016

TABLE OF PROVISIONSRegulation Page

Part 1—Preliminary 1

1 Objectives 12 Authorising provision 23 Revocations 24 Definitions 2

Part 2—Exemptions 6

5 Vehicles exempt from payment of tolls 66 Vehicles exempt from registration 8

Part 3—Notices for toll zones 9

7 Placement of notices 98 Information to be provided by notices 9

Part 4—Cancellation of acceptance of statement 10

9 Prescribed period for nomination rejection statement 10

Part 5—Prescribed tolling system, tolling devices and processes 11

10 Prescribed tolling system 1111 Prescribed tolling devices 1112 Prescribed manner of use of digital toll camera unit 1113 Prescribed manner of testing of digital toll camera unit 1214 Prescribed process for production of printed image 13

Part 6—Certificates 15

15 Certificates as to registered operator of vehicle 1516 Certificates issued by enforcement agency 1617 Certificates issued by Freeway Corporation 16

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Part 7—Miscellaneous 18

18 Prescribed administrative costs 18═══════════════

Endnotes 19

1 General information 19

2 Table of Amendments 21

3 Amendments Not in Operation 22

4 Explanatory details 23

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Version No. 001


Version as at13 December 2016

Part 1—Preliminary1 Objectives

The objectives of these Regulations are—

(a) to prescribe the period in which a nomination rejection statement can be given; and

(b) to prescribe the form of evidentiary certificates; and

(c) to prescribe tolling devices; and

(d) to prescribe the process for the production of images or messages; and

(e) to prescribe the manner in which the tolling devices are to be tested, installed, used and maintained; and

(f) to prescribe the manner in which information from the tolling devices is to be handled for the purpose of tolling; and

(g) to exempt from the payment of tolls vehicles or classes of vehicle that under the Agreement may be exempted from the payment of tolls; and

(h) to provide for the exemption of vehicles from the requirement to be registered under Part 9 of the EastLink Project Act 2004; and

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(i) to require the Freeway Corporation to cause notices to be placed before each entrance to EastLink; and

(j) to prescribe administrative costs to be paid under a court order made under section 206B of the EastLink Project Act 2004; and

(k) to prescribe other matters required to be prescribed for the purposes of the EastLink Project Act 2004.

2 Authorising provision

These Regulations are made under section 258 of the EastLink Project Act 2004.

3 Revocations

The following Regulations are revoked—

(a) the EastLink Project Regulations 20081;

(b) the EastLink Project Amendment (Prescribed Administrative Costs) Regulations 20132;

(c) the EastLink Project Amendment Regulations 20143;

(d) the EastLink Project Amendment Regulations 20164.

4 Definitions

In these Regulations—

Airservices Australia means the body established under section 7 of the Air Services Act 1995 of the Commonwealth;

checksum means a number produced by the application of an algorithm to the contents of a digital file (other than a checksum contained in the file);

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computer means any electronic device for storing or processing information;

control unit means a computer that temporarily stores images taken by a digital toll camera unit;

digital file means a file in a digital format that is created by a digital toll camera unit, or an electronic copy of such a file, that contains the following—

(a) a digital image;

(b) data indicating the toll zone in which the vehicle to which the image relates was driven;

(c) data from which the date on and the time at which that vehicle was driven in the toll zone can be calculated;

(d) the checksum for that file;

digital image means—

(a) an image of a vehicle or part of a vehicle that has been taken and processed into a digital format by a digital toll camera unit; or

(b) an electronic copy of an image referred to in paragraph (a);

digital toll camera unit means any of the following devices—

(a) the device known as the Vehicle Registration Sensor: Kapsch Part Number 8633 001-415;

(b) the device known as the Vehicle Registration Sensor Controller: Kapsch Part Number 8633 001-093;

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(c) the device known as the Vehicle Registration Sensor: Kapsch Part Number 8633 004-262B;

(d) the device known as the Vehicle Registration Sensor: Kapsch Part Number 340 333-400-00;

(e) the device known as the Vehicle Registration Sensor: Kapsch Part Number VRX-2400-LPI;

(f) the device known as the Vehicle Registration Sensor Controller: Kapsch Part Number 8633 005-028;

printed image means a printed image produced in accordance with the process in regulation 14;

registration number includes licence plate number;

responsible road authority has the same meaning as it has in section 3(1) of the Road Management Act 2004;

tag means any of the following devices—

(a) the vehicle transponder known as the Kapsch TS 3203/80;

(b) the vehicle transponder known as the Kapsch TS 3203/80A;

testing officer means—

(a) the head, or a person authorised by the head, of a faculty or department providing education or training in electrical engineering, communications engineering or electronics engineering at a university or TAFE institute within the meaning of the Education and Training Reform Act 2006; or

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(b) a person, or a member of a class of persons, approved by the Secretary to the Department of Economic Development, Jobs, Transport and Resources as being appropriately qualified to conduct tests for the purposes of these Regulations; or

(c) a testing officer of a testing facility accredited by the National Association of Testing Authorities, Australia ACN 004 379 748 (NATA); or

(d) a person who—

(i) holds a Bachelor or higher degree in the field of electrical engineering, communications engineering or electronics engineering from a university within the meaning of the Education and Training Reform Act 2006; and

(ii) is a member of the Institution of Engineers Australia; and

(iii) is approved by the President of the Victorian Division of that Institution as being appropriately qualified to conduct tests for the purposes of these Regulations;

the Act means the EastLink Project Act 2004;

toll message file means a digital file created by a control unit which contains data indicating—

(a) the toll zone in which the vehicle that the image relates to was driven; and

(b) the date on and the time at which that vehicle was driven in the toll zone; and

(c) a checksum for each digital image.

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Part 2—Exemptions5 Vehicles exempt from payment of tolls

For the purposes of section 198(2) of the Act, the following vehicles and classes of vehicle are exempt from the payment of a toll and toll administration fees—

(a) an ambulance under the control of—

(i) an ambulance service within the meaning of the Ambulance Services Act 1986; or

(ii) an ambulance service created under a law in force in another State or in a Territory of the Commonwealth that the Minister, by notice in the Government Gazette, declares to be an ambulance service to which this paragraph applies; or

(iii) the Australian Defence Force;

(b) a fire service unit under the control of—

(i) the Metropolitan Fire and Emergency Services Board; or

(ii) the Department of Environment, Land, Water and Planning; or

(iii) the Country Fire Authority; or

(iv) the Australian Defence Force;

(c) a vehicle under the control of, or being driven by, a police officer acting in the course of duty;

(d) a vehicle under the control of, or being driven by, a member acting in the course of duty, of one of the following police forces or police services—

Part 1—Preliminary


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(i) the Australian Federal Police;

(ii) the Military, Naval or Air Force Police of the Australian Defence Force;

(iii) the police service of another State or a Territory;

(e) a vehicle under the control of the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005;

(f) a vehicle under the control of the Emergency Management Commissioner (within the meaning of the Emergency Management Act 2013);

(g) a vehicle under the control of the Australian Defence Force that is being used to convey any of its members or property while on march or duty;

(h) a vehicle being used to convey a member of the Australian Army engaged in connection with emergency ordnance disposal procedures;

(i) a vehicle under the control of Airservices Australia;

(j) without limiting paragraphs (a) to (i), a vehicle that is an emergency vehicle within the meaning of the Road Safety Road Rules 20095 and is being operated or used in the performance of emergency services.Note

See the definition of emergency vehicle in the dictionary to the Road Safety Road Rules 2009.



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6 Vehicles exempt from registration

(1) For the purposes of section 204(9) of the Act, the body that may exempt a vehicle or class of vehicle from the requirement to be registered under Part 9 of the Act is the Freeway Corporation.

(2) An exemption referred to in subregulation (1) may be made—

(a) the same for all cases, or different for different cases or classes of case, or different for the same case or class of case for different purposes; or

(b) either unconditionally or subject to any specified conditions and either wholly or to such an extent as is specified; or

(c) so as to apply at all times or at particular times or periods of time.



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Part 3—Notices for toll zones7 Placement of notices

(1) The Freeway Corporation, with the consent of the responsible road authority, must cause a notice providing the information specified in regulation 8 to be placed on every road that connects to EastLink, before each entrance to EastLink and at a place that is adjacent to the carriageway so as to face a driver who is approaching EastLink.

(2) A notice placed on a road that connects to EastLink under subregulation (1) must be placed at a reasonable distance before each entrance to EastLink so that a driver can safely avoid entering EastLink.

(3) Nothing in this regulation prevents the Freeway Corporation, with the consent of the responsible road authority, from causing notices other than notices referred to in this regulation to be placed on any road in the vicinity of EastLink.

8 Information to be provided by notices

(1) A notice referred to in regulation 7 must indicate that the driver is approaching EastLink and that tolls will apply if a vehicle is driven on EastLink.

(2) A notice may include—

(a) information as to how a user of EastLink may register a vehicle that is driven in a toll zone; and

(b) any information that the Freeway Corporation, with the consent of the Authority, considers necessary to assist users of EastLink.



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Part 4—Cancellation of acceptance of statement

9 Prescribed period for nomination rejection statement

For the purposes of section 199A(1) of the Act, the prescribed period for a person nominated in a statement as being the responsible person to give a nomination rejection statement to an authorised person is 14 days from the date on which an invoice is issued to the person nominated in the statement.



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Part 5—Prescribed tolling system, tolling devices and processes

10 Prescribed tolling system

For the purposes of Part 9 of the Act, the prescribed tolling system is the tolling system installed, used and maintained in accordance with the Agreement.

11 Prescribed tolling devices

(1) For the purposes of Part 9 of the Act, a digital toll camera unit is a prescribed tolling device.

(2) For the purposes of section 206 of the Act, a tag is a prescribed tolling device.

12 Prescribed manner of use of digital toll camera unit

For the purposes of Part 9 of the Act, a digital toll camera unit is used in the prescribed manner if—

(a) it is positioned so that the digital toll camera unit takes images of the registration numbers of vehicles driven in the toll zone and transmits the images taken to a control unit; and

(b) it has been tested in the manner set out in regulation 13; and

(c) it is tested at the following times—

(i) in the case of a digital toll camera unit that has been repaired or modified, after the repairs or modifications are made and before the occasion of the digital toll camera unit's first use after the repairs or modifications; and



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(ii) in any case, within a period of 24 months before the occasion of its use.

13 Prescribed manner of testing of digital toll camera unit

(1) A digital toll camera unit is tested in the prescribed manner if the testing officer who tests the unit—

(a) is satisfied that—

(i) if positioned in the manner prescribed in regulation 12(a), the digital toll camera unit takes images of the registration numbers of vehicles driven in the toll zone and transmits the images taken to a control unit; and

(ii) any maintenance or repairs carried out on the digital toll camera unit have been carried out in a satisfactory manner; and

(b) makes a full and accurate record of each digital toll camera unit tested, including—

(i) the serial number of the unit tested; and

(ii) the date on and the time at which the test was carried out; and

(iii) a statement that the unit satisfied each of the testing requirements in paragraph (a); and

(c) signs the record referred to in paragraph (b) and sets out in the record the testing officer's name and qualifications.



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(2) The testing officer must, within 21 days after testing a digital toll camera unit—

(a) give the record referred to in subregulation (1)(b) to the Freeway Corporation; and

(b) give a copy of that record to the enforcement agency.

(3) The Freeway Corporation must retain a record given to it under subregulation (2)(a) for at least one year after the date on which the test was carried out.

14 Prescribed process for production of printed image

(1) For the purposes of Part 9 of the Act, an image or message is produced by a prescribed process if—

(a) a printed image is produced from a digital file created by a digital toll camera unit by the processes set out in subregulation (2); and

(b) the data contained in the digital file has been verified by a computer—

(i) recalculating the checksum for that file; and

(ii) confirming that the checksum produced by the recalculation is identical to the checksum contained in that file, or the toll message file; and

(c) the printed image contains an image derived from the digital image (with or without decompressing the digital image) and a message indicating—

(i) the toll zone in which the vehicle to which the image relates was driven; and

(ii) the date on and the time at which that vehicle was driven in the toll zone.



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(2) A digital file is created by a digital toll camera unit if the digital toll camera unit processes the image taken by itself and used in the prescribed manner by—

(a) converting the image taken into a digital format (with or without compressing the image so taken); and

(b) generating data—

(i) indicating the toll zone in which the vehicle to which the image relates was driven; and

(ii) from which the date on and the time at which that vehicle was driven in the toll zone can be calculated; and

(c) calculating a checksum for the digital file; and

(d) combining into one digital file the digital image with the data referred to in paragraph (b) and the checksum referred to in paragraph (c).



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Part 6—Certificates15 Certificates as to registered operator of vehicle

(1) A certificate under section 221(1) of the Act is in the prescribed form if the certificate—

(a) states that it is a certificate issued by VicRoads or the Department of Economic Development, Jobs, Transport and Resources or an authorised person (as the case may be) under section 221(1) of the Act; and

(b) certifies that, according to the records of VicRoads or the Department of Economic Development, Jobs, Transport and Resources (as the case may be), on a specified date the vehicle specified in the certificate was registered under the Road Safety Act 1986 in the name of the person specified in the certificate.

(2) A certificate under section 221(3) of the Act contains the prescribed particulars if the certificate—

(a) states that it is a certificate issued by VicRoads or the Department of Economic Development, Jobs, Transport and Resources or an authorised person (as the case may be) under section 221(3) of the Act; and

(b) certifies that, according to the records of VicRoads or the Department of Economic Development, Jobs, Transport and Resources (as the case may be), on a date specified in the certificate—

(i) the registration number specified in the certificate was assigned to a vehicle specified in the certificate; or



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(ii) a person specified in the certificate was entitled, or last entitled, to use or possess a number plate bearing a registration number specified in the certificate.

16 Certificates issued by enforcement agency

A certificate under section 221A of the Act is in the prescribed form if the certificate—

(a) states that it is a certificate issued by the enforcement agency under section 221A of the Act; and

(b) certifies—

(i) that the matters set out in the certificate appear in, or have been calculated from, the records kept by the enforcement agency; and

(ii) that, to the knowledge and belief of the person issuing the certificate on behalf of the enforcement agency, the matters set out in the certificate are true and correct.

17 Certificates issued by Freeway Corporation

A certificate under section 222 of the Act is in the prescribed form if, in addition to any of the matters referred to in that section, the certificate—

(a) states that it is a certificate issued by the Freeway Corporation or a person authorised by the Freeway Corporation (as the case may be) under section 222 of the Act; and

(b) in the case of a certificate certifying that a printed image was produced by a prescribed process, is issued by the person who caused the printed image to be printed; and



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(c) certifies that, to the knowledge and belief of the person issuing the certificate or issuing the certificate on behalf of the Freeway Corporation, the matters set out in the certificate are true and correct.



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Part 7—Miscellaneous18 Prescribed administrative costs

For the purposes of section 206B(1) of the Act, the prescribed administrative costs are $40 in respect of each charge found proven.

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Endnotes

1 General informationSee www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The EastLink Project Regulations 2016, S.R. No. 150/2016 were made on 13 December 2016 by the Governor in Council under section 258 of the EastLink Project Act 2004, No. 39/2004 and came into operation on 13 December 2016.

The EastLink Project Regulations 2016 will sunset 10 years after the day of making on 13 December 2026 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).



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http://www.legislation.vic.gov.au/

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).



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2 Table of AmendmentsThere are no amendments made to the EastLink Project Regulations 2016 by statutory rules, subordinate instruments and Acts.



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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.



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4 Explanatory details



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1 Reg. 3(a): S.R. No. 81/2008 as amended by S.R. Nos 104/2013, 167/2014 and 36/2016.2 Reg. 3(b): S.R. No. 104/2013.3 Reg. 3(c): S.R. No. 167/2014.4 Reg. 3(d): S.R. No. 36/2016.5 Reg. 5(j): S.R. No. 94/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 88/2013. Subsequently

amended by S.R. Nos 134/2013, 151/2013, 68/2014, 132/2014, 146/2014, 86/2015, 120/2015, 125/2015 and 98/2016.

Documents

EastLink Project Regulations 2016FILE/16-150sr001.docx · Web viewOCPC Victoria, Word 2007, Template Release 28/07/2016 (PROD)