Road Safety Amendment (Private Car Parks) Act 2015

Road Safety Amendment (Private Car Parks) Act 2015

No. of 2015

table of provisions

ClausePage

1Purpose

2Commencement

3New section 90R inserted

4Repeal

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Endnotes

1General information

ClausePage

Road Safety Amendment (Private Car Parks) Act 2015[†]

No. of 2015

[Assented to ]

Road Safety Amendment (Private Car Parks) Act 2015

The Parliament of Victoriaenacts:

Road Safety Amendment (Private Car Parks) Act 2015
No. of 2015

1Purpose

The main purpose of this Act is to amend the Road Safety Act 1986 to abrogate any entitlement to a preliminary discovery order against the Corporation for the purpose of the recovery of private car park fees.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3New section 90R inserted

After section 90Q of the Road Safety Act 1986 insert—

"90R Discovery for purpose of recovery of private car park fees

(1)Any entitlement to a preliminary discovery order against the Corporation for the purpose of the recovery of private car park fees is abrogated by this section.

(2)A preliminary discovery order is considered to be for the purpose of the recovery of private car park fees if the order is sought to assist the applicant to ascertain the identity or whereabouts of a person sufficiently for the purpose of commencing a proceeding against the person for the recovery of private car park fees.

Example

An order made under Order 32.03 of Chapter I of the Rules of the Magistrates' Court to assist in such ascertainment.

(3)In this section—

private car park fee means any amount alleged to be payable under the terms and conditions of a contract, arrangement or understanding in relation to the use of a car park (such as an amount payable for the use of the car park and including an amount payable for breaching those terms and conditions), but does not include an amount alleged to be payable under the terms and conditions of a contract that is in writing and signed by the relevant parties.".

4Repeal

This Act is repealed on the first anniversary of the day on which it comes into operation.

Note

The repeal of this Act does not affect the continuing operation of the amendment made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Road Safety Amendment (Private Car Parks) Act 2015
No. of 2015

Endnotes

1General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

[†] Minister's second reading speech—

Legislative Assembly:

Legislative Council:

The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986 to abrogate any entitlement to a preliminary discovery order against the Corporation for the purpose of the recovery of private car park fees and for other purposes."

By Authority.Government Printer for the State of Victoria.