s 3

Definitions

In force

In this Act—

amending agreement means an amending agreement made under section 13;

authorised person means a person authorised under section 20;

business day means a day that is not—

(a)

a Saturday or a Sunday; or

(b)

a day that is appointed as a public holiday or public half-holiday throughout the whole of Victoria under the Public Holidays Act 1993;

Chief Commissioner of Police has the same meaning as Chief Commissioner has in the Victoria Police Act 2013;

Children's Court registrar means a registrar within the meaning of Schedule 3 to the Children, Youth and Families Act 2005;

corresponding body has the same meaning as it has in section 84BB of the Road Safety Act 1986;

corresponding law has the same meaning as it has in section 84BB of the Road Safety Act 1986;

S. 3 def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 112).

Council has the same meaning as it has in the Local Government Act 2020;

S. 3 def. of Department inserted by No. 49/2019 s. 157(a), amended by No. 25/2025 s. 106(Sch. 1 item 51.1(a)).

Department means the Department of Transport and Planning;

Department Head has the same meaning as it has in the Public Administration Act 2004;

S. 3 def. of Director, Fines Victoria inserted by No. 17/2022 s. 108(a).

Director, Fines Victoria has the same meaning as Director has in section 3 of the Fines Reform Act 2014;

effective, in relation to an illegal user statement, a known user statement or a sold vehicle statement, means a statement that is accepted by an authorised person under section 26 as an effective statement and that has not ceased to be an effective statement for the purposes of section 27;

enforcement agency means—

(a)

the Chief Commissioner of Police; or

(b)

a prescribed person;

enforcement officer means—

(a)

in the case of an infringement notice for an offence against section 60(1) or (3), a person authorised by the Minister under section 72(2); and

(b)

in any other case, a person authorised by an enforcement agency under section 43(1);

extension of time means an extension of time granted under section 52(4);

Head, Transport for Victoria has the same meaning as it has in section 3 of the Transport Integration Act 2010;

illegal user statement, in relation to the use of a vehicle or trailer, means a statement in writing made by a person with respect to the vehicle or trailer to the effect that the person believes that at the relevant time the vehicle or trailer was a stolen vehicle or trailer or that the number plates displayed on the vehicle or trailer were stolen;

infringement notice has the same meaning as it has in the Infringements Act 2006;

infringement penalty has the same meaning as it has in the Infringements Act 2006;

known user statement, in relation to the use of a vehicle or trailer, means a statement in writing made by a person—

(a)

to the effect that the person was not driving at the relevant time, or did not at that time have possession or control of, the vehicle or trailer or the vehicle to which the trailer was attached; and

(b)

containing sufficient information to identify and locate the person who the person making the statement last knew to have, before the relevant time, possession or control of the vehicle or trailer or the vehicle to which the trailer was attached;

S. 3 def. of Magistrates' Court registrar repealed by No. 17/2022 s. 108(b).

* * * * *

minimum debt recovery requirements means the requirements specified by the Minister under section 31(1);

modification means a change to the scope of, or technical standards applicable to, design and construction or operation or maintenance activities contained in the West Gate Tunnel Agreement in accordance with the terms of the West Gate Tunnel Agreement;

nomination rejection statement means a statement in writing made by a person nominated in a known user statement, a sold vehicle statement or a tolling nomination statement as being the responsible person in respect of a vehicle or trailer to the effect that if nominated—

(a)

in a known user statement, the person had not had possession or control of the vehicle or trailer at the relevant time, as stated in the known user statement; or

(b)

in a sold vehicle statement, the vehicle or trailer had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement; or

(c)

in a tolling nomination statement, that the person was not the responsible person in relation to the vehicle or trailer at the time of the tolling offence as stated in the tolling nomination statement;

ongoing registration agreement means an agreement made in accordance with section 34;

S. 3 def. of operator amended by No. 49/2019 s. 157(b).

operator, in relation to a vehicle or trailer at the time the vehicle or trailer was driven in a toll zone, means each of the following—

(a)

the registered operator of the vehicle or trailer at that time or the person recorded at that time on a register of vehicles maintained under a corresponding law as the person responsible for the vehicle or trailer;

(b)

if the Secretary under the regulations under the Road Safety Act 1986, or a corresponding body under a corresponding law, has received notice of transfer of registration of the vehicle or trailer, the person whose name is disclosed in the records kept by the Secretary or the corresponding body (as the case requires) as being responsible for the vehicle or trailer at that time;

(c)

if the vehicle or trailer is not registered under the Road Safety Act 1986 or a corresponding law, the person whose name is disclosed in the records kept by the Secretary or the corresponding body as being responsible for the vehicle or trailer at that time;

(d)

if the vehicle or trailer displays a number plate—

(i)

the person who, at the time at which the registration number borne by that number plate was last assigned by the Secretary or a corresponding body, was the registered operator of, or (if assigned by a corresponding body) the person recorded on a register of vehicles or trailers maintained under the corresponding law as the person responsible for, the vehicle or trailer to which that registration number was assigned, whether or not that vehicle or trailer is the same as the vehicle or trailer involved in the offence; or

(ii)

the person whose name is disclosed in the records kept by the Secretary or a corresponding body as being entitled, or last entitled, at that time to use or possess that number plate;

(e)

if the vehicle or trailer displays a general identification mark by means of a special identification plate issued by the Secretary under the regulations under the Road Safety Act 1986 or by a corresponding body under a corresponding law, the person to whom the mark is assigned at that time;

penalty reminder notice fee has the same meaning as it has in the Infringements Act 2006;

police officer has the same meaning as it has in the Victoria Police Act 2013;

project authority has the same meaning as it has in the Major Transport Projects Facilitation Act 2009;

project contractor has the same meaning as it has in the Major Transport Projects Facilitation Act 2009;

project document means any document of a class that is designated in the West Gate Tunnel Agreement as a project document;

public authority means any body (including any trust) established by or under an Act for a public purpose, other than a Council;

registered operator has the same meaning as it has in section 3(1) of the Road Safety Act 1986;

registration means—

(a)

a temporary registration; or

(b)

an ongoing registration;

relevant agency means—

(a)

the relevant West Gate Tunnel Corporation; or

(b)

the West Gate Tunnel operator; or

(c)

an enforcement agency;

relevant West Gate Tunnel Corporation means—

(a)

for the purposes of Part 3, except sections 21 and 22, if—

(i)

a person has been declared under Part 3 to be the relevant West Gate Tunnel Corporation, that person; or

(ii)

a declaration is not in force under Part 3, the West Gate Tunnel Corporation; and

(b)

for the purposes of a provision of this Act other than those referred to in paragraph (a), including sections 21 and 22, the West Gate Tunnel Corporation;

responsible person, in relation to a vehicle or trailer, means—

(a)

the operator of the vehicle or the trailer; or

(b)

the person nominated as the responsible person in relation to the vehicle or trailer in an effective known user statement or an effective sold vehicle statement;

S. 3 def. of Secretary amended by No. 25/2025 s. 106(Sch 1 item 51.1(b)).

Secretary means the Secretary to the Department;

sold vehicle statement, in relation to the use of a vehicle or trailer, means a statement in writing made by a person—

(a)

to the effect that—

(i)

the person had sold or otherwise disposed of the vehicle or trailer before the relevant time or that any interest in the vehicle or trailer had otherwise ceased to be vested in the person before that time; and

(ii)

the person was not at that time driving, or had not at that time possession or control of, the vehicle or trailer; and

(b)

containing sufficient information to identify and locate the person to whom the vehicle or trailer was sold or disposed of, or in whom an interest in the vehicle or trailer was otherwise vested, and the date and, if relevant, the time of sale, disposal or vesting;

special circumstances has the same meaning as it has in the Infringements Act 2006;

temporary registration means the registration of a vehicle in accordance with section 35;

toll means a toll fixed under Division 2 of Part 3;

toll administration fee means a fee fixed under Division 2 of Part 3;

toll zone means a zone specified under Division 2 of Part 3;

tolling device means any system, equipment or thing prescribed as a device for the purposes of Part 3;

tolling nomination statement means a tolling nomination statement made by an authorised tolling person under Part 6AA of the Road Safety Act 1986;

tollway billing arrangement means an agreement or arrangement between a person and a tollway operator (or an agent of a tollway operator) relating to the payment of tolls for the use of a vehicle on a tollway;

tollway operator means a person, other than the West Gate Tunnel Corporation, who—

(a)

operates a tollway under a law of this State, or another State or of a Territory, or under an agreement between that person and the State or another State or Territory; and

(b)

is empowered or entitled, under that law or agreement, to levy or impose a toll or charge for the use of the tollway;

trailer has the same meaning as it has in the Road Safety Act 1986;

trip means the driving of a vehicle on the West Gate Tunnel tollway in one toll zone or more than one toll zone and uninterrupted by exit from the road on which the zone is or zones are and subsequent re-entry to that road;

vehicle has the same meaning as motor vehicle has in the Road Safety Act 1986;

S. 3 def. of VicRoads repealed by No. 49/2019 s. 157(c).

* * * * *

West Gate Tunnel Agreement means the agreement for the West Gate Tunnel Project entered into by the Minister on 11 December 2017 and the Schedules and exhibits to that agreement as in force immediately before the commencement of Part 2 of this Act, and includes that agreement and the Schedules and exhibits to that agreement as amended from time to time;

West Gate Tunnel Corporation means the person for the time being declared to be the West Gate Tunnel Corporation under section 8;

West Gate Tunnel operator means the person for the time being declared to be the West Gate Tunnel operator under section 9;

West Gate Tunnel Project means the project declared as the Western Distributor Project under section 10 of the Major Transport Projects Facilitation Act 2009 on 5 September 2016 and published in the Government Gazette on 15 September 2016;

West Gate Tunnel Project area means the area of land designated as the project area by Order under section 95 of the Major Transport Projects Facilitation Act 2009 on 8 December 2017 and published in the Government Gazette on that date and as varied from time to time under section 96 of that Act;

West Gate Tunnel tollway means the land in the West Gate Tunnel Project area that is declared to be a freeway under section 193 of the Major Transport Projects Facilitation Act 2009.

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