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Bill homepage (legislation.vic.gov.au)The main purposes of this Act are—
to ratify the Agreement for the Melbourne City Link Project; and
S. 1(b) repealed by No. 81/2000 s. 3(a).
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S. 1(c) substituted by No. 81/2000 s. 3(b).
to give the Link corporation certain powers in relation to certain roads; and
to empower the fixing, charging and collection of tolls in relation to the use of vehicles on toll zones.
Parts 1 and 2 and Schedules 1 and 2 come into operation on the day on which this Act receives the Royal Assent.
Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
In this Act—
S. 3 def. of authorised officer repealed by No. 81/2000 s. 4(2).
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S. 3 def. of arterial road inserted by No. 12/2004 s. 162(1).
arterial road has the same meaning as in the Road Management Act 2004;
S. 3 def. of authorised police officer inserted by No. 102/1998 s. 4(a), amended by No. 37/2014 s. 10(Sch. item 111.1(a)).
authorised police officer means the Chief Commissioner of Police and any police officer of the rank of inspector or above who is appointed by the Chief Commissioner to be an authorised police officer for the purposes of Division 3 of Part 4;
S. 3 def. of Authority repealed by No. 81/2000 s. 4(1).
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S. 3 def. of Burnley office site inserted by No. 13/2002 s. 3.
Burnley office site means all the land in Crown Allotment 1C of 39A, Parish of Jika Jika, City of Richmond;
S. 3 def. of Central Plan Office amended by Nos 50/1998 s. 4(b), 70/2013 s. 4(Sch. 2 item 31.1), repealed by No. 53/2017 s. 85.
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S. 3 new def. of Council inserted by No. 93/2009 s. 31(b), amended by No. 9/2020 s. 390(Sch. 1 item 69.1).
Council has the same meaning as in the Local Government Act 2020;
Crown land includes a stratum of Crown land;
S. 3 def. of Council repealed by No. 93/2009 s. 31(a).
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S. 3 def. of Customer service site inserted by No. 102/1998 s. 4(a).
Customer service site means the land shown hatched on sheets 1 and 2 of the plan numbered LEGL./98–74 and lodged in the Central Plan Office but does not include any part of that land which is part of the Link road;
S. 3 def. of Director inserted by No. 78/2001 s. 3, repealed by No. 49/2004 s. 4(1).
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S. 3 def. of Director, Fines Victoria inserted by No. 17/2022 s. 101.
Director, Fines Victoria has the same meaning as Director has in section 3 of the Fines Reform Act 2014;
S. 3 def. of electricity corporation amended by No. 35/1997 s. 31(2), substituted by No. 69/2000 s. 59(a), repealed by No. 11/2024 s. 98(a).
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S. 3 def. of enforcement agency substituted by No. 102/1998 s. 4(b).
enforcement agency means the Chief Commissioner of Police or, if another person is prescribed by the regulations to be the enforcement agency with respect to all or any part of the enforcement agency's functions, that other person in respect of those functions;
S. 3 def. of enforcement officer amended by No. 4/2000 s. 4.
enforcement officer means a person authorised by an enforcement agency under section 79 and includes, in relation to an infringement notice issued under section 80A, a person authorised under section 116(1A);
S. 3 def. of ESEP project document inserted by No. 50/1998 s. 4(a).
ESEP project document has the same meaning as in the Extension Agreement;
S. 3 def. of Extension corporation inserted by No. 50/1998 s. 4(a).
Extension corporation means the person who, for the time being, is the Extension corporation under section 12A;
S. 3 def. of Extension operator inserted by No. 50/1998 s. 4(a).
Extension operator means the person who, for the time being, is the Extension operator under section 12B;
S. 3 def. of Extension Project area inserted by No. 39/1997 s. 4(1), repealed by No. 81/2000 s. 4(3).
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S. 3 def. of Extension road inserted by No. 50/1998 s. 4(a), substituted by No. 102/1998 s. 4(c).
Extension road means land declared under section 93H to be a road and includes any part of that land;
S. 3 def. of Exhibition Street Extension Project inserted by No. 39/1997 s. 4(1).
Exhibition Street Extension Project has the meaning given by section 93A;
S. 3 def. of Head, Transport for Victoria inserted by No. 49/2019 s. 186(Sch. 4 item 28.1(b)).
Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;
S. 3 def. of IBAC inserted by No. 82/2012 s. 294(1)(a), amended by No. 82/2012 s. 312(a), repealed by No. 8/2019 s. 129.
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land includes a stratum of land;
S. 3 def. of leased land amended by No. 39/1997 s. 4(2)(a).
leased land means land which is the subject of a lease granted under section 60 or 93G;
S. 3 def. of lessee amended by No. 39/1997 s. 4(2)(b).
lessee means a person who is for the time being the lessee under a lease granted under section 60 or 93G;
S. 3 def. of licence holder inserted by No. 78/2001 s. 3.
licence holder means a person who is, for the time being, the holder of a licence issued under section 20E;
S. 3 def. of licence plate number inserted by No. 102/1998 s. 4(a).
licence plate number, in relation to a vehicle, means the registration number of the vehicle assigned by the relevant vehicle registration authority;
S. 3 def. of licensed area inserted by No. 78/2001 s. 3.
licensed area means land which is the subject of a licence issued under section 20E;
S. 3 def. of licensed land substituted by No. 81/2000 s. 4(4)(a).
licensed land means land which was the subject of a licence issued under section 56 as in force at any time before the commencement of section 10 of the Melbourne City Link (Miscellaneous Amendments) Act 2000;
S. 3 def. of licensee substituted by No. 81/2000 s. 4(4)(b).
licensee means a person who was the holder of a licence issued under section 56 as in force at any time before the commencement of section 10 of the Melbourne City Link (Miscellaneous Amendments) Act 2000;
S. 3 def. of Link control site substituted by No. 39/1997 s. 4(3).
Link control site means the land shown hatched on the plan numbered LEGL/.97–60 and lodged in the Central Plan Office but does not include any part of that land which is part of the Link road;
Link corporation means the person who, for the time being, is the Link corporation under section 10;
S. 3 def. of Link operator inserted by No. 102/1998 s. 4(a).
Link operator means the person who, for the time being, is the Link operator under section 11;
S. 3 def. of Link road amended by Nos 39/1997 s. 4(4), 50/1998 s. 4(c), substituted by No. 102/1998 s. 4(d).
Link road means land declared under section 61 to be a road and includes any part of that land;
S. 3 def. of Link Upgrade Project inserted by No. 81/2006 s. 66.
Link Upgrade Project has the same meaning that it has in Schedule 5A to the Road Management Act 2004;
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 111.1(b)).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 3 def. of Project area repealed by No. 81/2000 s. 4(1).
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S. 3 def. of public authority amended by Nos 91/1997 s. 47, 69/2000 s. 59(b), 32/2001 s. 36(a), 17/2012 s. 91, 11/2024 s. 98(b).
public authority means any of the following—
a public statutory authority;
a State business corporation or a State body within the meaning of the State Owned Enterprises Act 1992;
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a metropolitan water corporation within the meaning of the Water Act 1989;
S. 3 def. of public body amended by Nos 104/1997 s. 52, 50/1998 s. 4(d), 69/2000 s. 59(c), 32/2001 s. 36(b), 61/2005 s. 218, 6/2010 s. 203(1) (Sch. 6 item 31.1(a)) (as amended by No. 45/2010 s. 22).
public body means any of the following—
a public authority;
a generation company, distribution company or transmission company within the meaning of section 3 of the Electricity Industry Act 2000;
a gas distribution company or a gas transmission company within the meaning of the Gas Industry Act 2001;
a Council;
a committee of management under the Crown Land (Reserves) Act 1978;
the holder of a licence under the Pipelines Act 2005;
the Corporation within the meaning of the National Rail Corporation (Victoria) Act 1991;
a passenger transport company within the meaning of the Transport (Compliance and Miscellaneous) Act 1983;
public statutory authority means any body (including any trust) established by or under an Act for a public purpose;
S. 3 def. of relevant corporation inserted by No. 102/1998 s. 4(a).
relevant corporation—
for the purposes of Part 4 (except sections 70 and 71)—
in relation to the Link road or the Extension road, means the Link Corporation if no notice under section 69A(1) is in effect; and
if a notice under section 69A(1) has taken effect and no notice under section 69A(2) is in effect—
in relation to the Link road, means the Link corporation; and
in relation to the Extension road, means the Extension corporation; and
for the purposes of the rest of this Act (including sections 70 and 71)—
in relation to the Link road, means the Link corporation; and
in relation to the Extension road, means the Extension corporation;
S. 3 def. of reserved land inserted by No. 78/2001 s. 3.
reserved land means land that, by the operation of Part 2A, is or is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project;
S. 3 def. of reserved project land repealed by No. 81/2000 s. 4(1).
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S. 3 def. of restricted access area repealed by No. 81/2000 s. 4(1).
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S. 3 def. of restricted tolling information inserted by No. 102/1998 s. 4(a), repealed by No. 70/2016 s. 43.
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S. 3 def. of Roads Corporation inserted by No. 49/2004 s. 4(2), amended by No. 6/2010 s. 203(1) (Sch. 6 item 31.1(b)) (as amended by No. 45/2010 s. 22), repealed by No. 49/2019 s. 186(Sch. 4 item 28.1(a)).
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S. 3 def. of Secretary inserted by No. 81/2000 s. 4(6), repealed by No. 49/2004 s. 4(1), new def. of Secretary inserted by No. 49/2019 s. 186(Sch. 4 item 28.1(b)), amended by No. 25/2025 s. 106(Sch. 1 item 27.1).
Secretary means the Secretary to the Department of Transport and Planning;
S. 3 def. of State highway inserted by No. 50/1998 s. 4(a), repealed by No. 12/2004 s. 162(2).
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stratum of Crown land means a stratum of land which is Crown land;
stratum of land means a part of land consisting of a space of any shape, below on or above the surface of the land, or partly below and partly above the surface of the land, all the dimensions of which are limited;
S. 3 def. of temporary construction site repealed by No. 81/2000 s. 4(1).
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S. 3 def. of the Agreement amended by Nos 21/1996 s. 3, 50/1998 s. 4(e), 81/2000 s. 4(5)(a).
the Agreement means the agreement for the Melbourne City Link Project, a copy of which was set out in Schedule 1 to this Act as enacted, and the exhibits to that agreement, or, if all or any of the provisions of that agreement or those exhibits are added to, substituted, cancelled or varied (whether or not the addition, substitution, cancellation or variation is effected by way of the Integration and Facilitation Agreement or otherwise), that agreement and those exhibits as so varied[1];
S. 3 def. of the Extension Agreement inserted by No. 50/1998 s. 4(a), amended by No. 81/2000 s. 4(5)(b).
the Extension Agreement means the agreement for the Exhibition Street Extension Project, and the exhibit to that agreement, a copy of which was set out in Schedule 6 to this Act as enacted by section 40 of the Melbourne City Link (Exhibition Street Extension) Act 1998 or, if all or any of the provisions of that agreement, or that exhibit, are added to, substituted, cancelled or varied (whether or not the addition, substitution, cancellation or variation is effected by way of the Integration and Facilitation Agreement or otherwise) that agreement and exhibit as so varied;
S. 3 def. of the Integration and Facilitation Agreement inserted by No. 50/1998 s. 4(a), amended by No. 81/2000 s. 4(5)(c).
the Integration and Facilitation Agreement means the agreement for integrating and facilitating the Project and the Exhibition Street Extension Project, a copy of which was set out in Schedule 5 to this Act as enacted by section 40 of the Melbourne City Link (Exhibition Street Extension) Act 1998, or, if all or any of the provisions of that agreement are added to, substituted, cancelled or varied, that agreement as so varied;
the Project has the meaning given by section 6;
S. 3 def. of toll zone substituted by No. 102/1998 s. 4(e).
toll zone means a toll zone specified under section 71(1)(a);
vehicle has the same meaning as motor vehicle has in the Road Safety Act 1986.
The objects of this Act are—
S. 4(a) repealed by No. 81/2000 s. 5.
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to authorise and facilitate the operation and management of the Link road and the tolling of the use of vehicles on the Link road by the Link corporation; and
S. 4(c) amended by No. 50/1998 s. 5.
to grant a concession to Transurban City Link Limited A.C.N. 070 810 678 in accordance with the Agreement; and
S. 4(d) inserted by No. 50/1998 s. 5.
to authorise and facilitate the operation and management of the Extension road and the tolling of the use of vehicles on the Extension road by the Extension corporation; and
S. 4(e) inserted by No. 50/1998 s. 5.
to grant a concession to City Link Extension Pty Ltd A.C.N. 082 058 615 in accordance with the Extension Agreement.
S. 5 repealed by No. 81/2000 s. 6, new s. 5 inserted by No. 6/2010 s. 24(5) (Sch. 1 item 7) (as amended by No. 45/2010 s. 5).
This Act is transport legislation within the meaning of the Transport Integration Act 2010.
S. 6 amended by No. 81/2006 s. 67 (ILA s. 39B(1)).
In this Act a reference to the Project is a reference to the project, as described in the Agreement, for—
a southern link involving a freeway link connecting the West Gate Freeway east of Kingsway to the South Eastern Arterial incorporating road tunnels passing under Kings Domain and the Yarra River and South Richmond and upgrading of part of the South Eastern Arterial west of Toorak Road; and
a western link involving upgrading of part of the Tullamarine Freeway, from near Bulla Road to Flemington Road and a link from Flemington Road to Footscray Road and to the West Gate Freeway.
S. 6(2) inserted by No. 81/2006 s. 67.
In this Act, a reference to the Project includes a reference to the Link Upgrade Project.
S. 6A inserted by No. 78/2001 s. 4, repealed by No. 49/2004 s. 5(1).
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S. 6B (Heading) amended by Nos 95/2005 s. 3(1)(a), 49/2019 s. 186(Sch. 4 item 28.2).
S. 6B inserted by No. 78/2001 s. 4.
S. 6B(1) amended by Nos 49/2004 s. 5(2), 49/2019 s. 186(Sch. 4 item 28.3(a)).
The Head, Transport for Victoria has the following functions—
on behalf of the Crown, to administer and manage contractual arrangements between the Crown and the Link corporation and between the Crown and the Extension corporation;
to make recommendations regarding those contractual arrangements to the Minister;
to manage the responsibilities of the Crown in relation to the completion of the construction of the Project and the Exhibition Street Extension Project;
to manage the responsibilities of the Crown in relation to the operation of the Project and the Exhibition Street Extension Project;
to make recommendations to the Minister on public safety issues relating to the Project and the Exhibition Street Extension Project;
to manage, on behalf of the Crown, regulatory issues arising from the operation of the Link road and the operation of the Extension road;
S. 6B(1)(g) amended by Nos 49/2004 s. 5(2), 49/2019 s. 186(Sch. 4 item 28.3(b)).
to undertake any other function conferred on the Head, Transport for Victoria by or under this or any other Act.
S. 6B(2) repealed by No. 49/2004 s. 5(3).
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S. 6B(3) amended by Nos 49/2004 s. 5(4)(a)(b), 49/2019 s. 186(Sch. 4 item 28.3(b)).
The Head, Transport for Victoria must comply with any directions given by the Minister, including any direction relating to the provision of information or reports concerning the exercise of its powers and the performance of its functions.
S. 7 amended by No. 50/1998 s. 6(1)(2), repealed by No. 81/2000 s. 6.
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Ss 8, 9 repealed by No. 81/2000 s. 6.
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S. 10(1) amended by No. 13/2002 s. 4.
Subject to this section, the Link corporation for the purposes of this Act is CityLink Melbourne Limited A.C.N. 070 810 678.
If the person who is, for the time being, the Link corporation agrees to the declaration of another person as the Link corporation in its place, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Link corporation for the purposes of this Act.
If, under the Master Security Deed within the meaning of the Agreement, a person is entitled to nominate the appointment of another person in the place of the Link corporation, the Minister may, by Order published in the Government Gazette, declare that other person to be the Link corporation for the purposes of this Act.
If the Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—
declare that the person who, immediately before the termination, was the Link corporation has ceased to be the Link corporation; and
declare a person specified in the Order to be the Link corporation for the purposes of this Act.
An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.
The person who is for the time being the Link corporation is not a public authority within the meaning of any Act or enactment by reason only that it is the Link corporation.
S. 11(1) amended by No. 95/2005 s. 3(1)(b).
Subject to this section, the Link operator for the purposes of this Act is TransLink Operations Pty Ltd A.C.N. 069 691 514.
If the person who is, for the time being, the Link corporation agrees to the declaration of another person as the Link operator, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Link operator for the purposes of this Act.
If, under the Master Security Deed within the meaning of the Agreement, a person is entitled to nominate the appointment of another person in the place of the Link operator, the Minister may, by Order published in the Government Gazette, declare that other person to be the Link operator for the purposes of this Act.
If the Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—
declare that the person who, immediately before the termination, was the Link operator has ceased to be the Link operator; and
declare a person specified in the Order to be the Link operator for the purposes of this Act.
An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.
The person who is for the time being the Link operator is not a public authority within the meaning of any Act or enactment by reason only that it is the Link operator.
The Link corporation may by instrument delegate to the Link operator referred to in section 11—
any road operation and management powers within the meaning of section 62 conferred on the Link corporation;
any of its powers and functions under Part 4, except section 71;
S. 12(1)(c) amended by Nos 12/2004 s. 162(3), 6/2010 s. 203(1) (Sch. 6 item 31.2(a)) (as amended by No. 45/2010 s. 22).
any of its powers and functions under the regulations made under section 56 of the Transport (Compliance and Miscellaneous) Act 1983 or under the regulations made under section 132 of the Road Management Act 2004;
S. 12(1)(d) repealed by No. 50/1998 s. 7(1), new s. 12(1)(d) inserted by No. 102/1998 s. 5(1), amended by No. 6/2010 s. 203(1) (Sch. 6 item 31.2(b)) (as amended by No. 45/2010 s. 22).
any of its powers and functions under section 43 of the Accident Towing Services Act 2007.
S. 12(1A) inserted by No. 50/1998 s. 7(2).
The Link corporation may, by instrument, sub‑delegate to the Link operator or the Extension operator all or any of the following powers—
any road operation and management powers within the meaning of section 93I conferred on the Extension corporation, and, which have been delegated by the Extension corporation to the Link corporation;
S. 12(1A)(b) amended by No. 102/1998 s. 24(a).
any of the Extension corporation's powers under Part 4 (except the power to fix tolls), which have been delegated by the Extension corporation to the Link corporation;
S. 12(1A)(c) amended by Nos 12/2004 s. 162(3), 6/2010 s. 203(1) (Sch. 6 item 31.3(a)) (as amended by No. 45/2010 s. 22).
any of the Extension corporation's powers and functions under regulations made under section 56 of the Transport (Compliance and Miscellaneous) Act 1983 or under the regulations made under section 132 of the Road Management Act 2004, which have been delegated by the Extension corporation to the Link corporation;
S. 12(1A)(d) inserted by No. 102/1998 s. 5(2), amended by No. 6/2010 s. 203(1) (Sch. 6 item 31.3(b)) (as amended by No. 45/2010 s. 22).
any of the Extension corporation's powers and functions under section 43 of the Accident Towing Services Act 2007, which have been delegated by the Extension corporation to the Link corporation.
S. 12(2) amended by No. 50/1998 s. 7(3)(a)(b).
If the Link corporation delegates or sub-delegates any power or function under this section, the Link corporation must publish a notice of that delegation or sub-delegation in the Government Gazette.
S. 12A inserted by No. 50/1998 s. 8.
Subject to this section, the Extension corporation for the purposes of this Act is City Link Extension Pty Ltd A.C.N. 082 058 615.
If the person who is, for the time being, the Extension corporation agrees to the declaration of another person as the Extension corporation in its place, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Extension corporation for the purposes of this Act.
If, under the Master Security Deed within the meaning of the Extension Agreement, a person is entitled to nominate the appointment of another person in the place of the Extension corporation, the Minister may, by Order published in the Government Gazette, declare that other person to be the Extension corporation for the purposes of this Act.
If the Extension Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—
declare that the person who, immediately before the termination, was the Extension corporation has ceased to be the Extension corporation; and
declare a person specified in the Order to be the Extension corporation for the purposes of this Act.
An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.
The person who is for the time being the Extension corporation is not a public authority within the meaning of any Act or enactment by reason only that that person is the Extension corporation.
S. 12B inserted by No. 50/1998 s. 8.
Subject to this section, the Extension operator for the purposes of this Act is TransLink Operations Pty Ltd A.C.N. 069 691 514.
If the person who is, for the time being, the Extension operator agrees to the declaration of another person as the Extension operator, the Governor in Council may, by Order published in the Government Gazette, declare that other person to be the Extension operator for the purposes of this Act.
If, under the Master Security Deed within the meaning of the Extension Agreement, a person is entitled to nominate the appointment of another person in the place of the Extension operator, the Minister may, by Order published in the Government Gazette, declare that other person to be the Extension operator for the purposes of this Act.
If the Extension Agreement is terminated, the Governor in Council may, by Order published in the Government Gazette—
declare that the person who, immediately before the termination, was the Extension operator has ceased to be the Extension operator; and
declare a person specified in the Order to be the Extension operator for the purposes of this Act.
An Order under this section takes effect on the day that it is published in the Government Gazette, or if a later day is specified in the Order, on that later day.
The person who is for the time being the Extension operator is not a public authority within the meaning of any Act or enactment by reason only that that person is the Extension operator.
S. 12C inserted by No. 50/1998 s. 8.
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