reg 1Objectives

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

(i)

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

Reg. 1(j) amended by S.R. No. 98/2025 reg. 4.

(j)

to prescribe the amount 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.

reg 2Authorising provision

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

reg 3Revocations

The following Regulations are revoked—

(a)

the EastLink Project Regulations 2008^[1];

(b)

the EastLink Project Amendment (Prescribed Administrative Costs) Regulations 2013^[2];

(c)

the EastLink Project Amendment Regulations 2014^[3];

(d)

the EastLink Project Amendment Regulations 2016^[4].

reg 4Definitions

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);

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;

Reg. 4 def. of digital file amended by S.R. No. 98/2025 reg. 5(a).

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 or trailer to which the image relates was driven or towed;

(c)

data from which the date on and the time at which that vehicle or trailer was driven or towed in the toll zone can be calculated;

(d)

the checksum for that file;

Reg. 4 def. of digital image amended by S.R. No. 98/2025 reg. 5(b).

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

(ab)

an image of a trailer or of part of a trailer attached to 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) or (ab);

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;

(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;

Reg. 4 def. of testing officer amended by S.R. No. 98/2025 reg. 5(c).

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

(b)

a person, or a member of a class of persons, approved by the Transport Secretary 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;

Reg. 4 def. of toll message file amended by S.R. No. 98/2025 reg. 5(d).

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

(a)

the toll zone in which the vehicle or trailer that the image relates to was driven or towed; and

(b)

the date on and the time at which that vehicle or trailer was driven or towed in the toll zone; and

(c)

a checksum for each digital image.

reg 5Vehicles 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—

Reg. 5(b)(i) substituted by S.R. No. 98/2025 reg. 6(1).

(i)

Fire Rescue Victoria; or

Reg. 5(b)(ii) substituted by S.R. No. 98/2025 reg. 6(2).

(ii)

the Department of Energy, Environment and Climate Action; 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—

(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;

Reg. 5(j) amended by S.R. No. 98/2025 reg. 6(3).

(j)

without limiting paragraphs (a) to (i), a vehicle that is an emergency vehicle within the meaning of the Road Safety Road Rules 2017^[5] and is being operated or used in the performance of emergency services.

Note to reg. 5(j) revoked by S.R. No. 98/2025 reg. 6(4).

* * * * *

Notes to reg. 5 inserted by S.R. No. 98/2025 reg. 6(5).

Notes

reg 6Vehicles 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.

reg 7Placement 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.

reg 8Information 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.

reg 9Prescribed 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.

reg 10Prescribed 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.

reg 11Prescribed 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.

reg 12Prescribed 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

(ii)

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

Eastlink Project Regulations 2016

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