{"id":"transport-safety-schemes-compliance-and-enforcement-act-2014","name":"Transport (Safety Schemes Compliance and Enforcement) Act 2014","slug":"transport-safety-schemes-compliance-and-enforcement-act-2014","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174423,"registerId":"vic-transport-safety-schemes-compliance-and-enforcement-act-2014-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 6","sectionType":"division","heading":"Damage and compensation 78","content":"Division 6—Damage and compensation 78\n\n49ZH Damage etc to be minimised 78\n\n49ZI Chief Investigator to give notice of damage 78\n\n49ZJ Compensation 79\n\n49ZK Limits on compensation 79\n\n49ZL Compensation may be claimed as part of a court proceeding 80\n\n","sortOrder":0},{"sectionNumber":"Div 7","sectionType":"division","heading":"Directions powers 80","content":"Division 7—Directions powers 80\n\n49ZM Chief Investigator may require name and address 80\n\n49ZN Direction to provide certain information 81\n\n49ZO Manner in which the Chief Investigator may give directions under this Part 82\n\n49ZP Directions may be given under more than one provision 83\n\n","sortOrder":1},{"sectionNumber":"Div 8","sectionType":"division","heading":"Other investigatory matters 83","content":"Division 8—Other investigatory matters 83\n\n49ZQ Chief Investigator to carry photo identification 83\n\n49ZR Production of photo identification 83\n\n49ZS Identity cards 84\n\n49ZT Residential premises 84\n\n49ZU Use of force 85\n\n49ZV Power to use force against persons to be exercised only by police officers 85\n\n49ZW Manner in which Chief Investigator must exercise powers 86\n\n49ZX Information given voluntarily 86\n\n","sortOrder":2},{"sectionNumber":"Div 9","sectionType":"division","heading":"Reports and miscellaneous matters 86","content":"Division 9—Reports and miscellaneous matters 86\n\n49ZY Reports to be given promptly to the Minister 86\n\n49ZZ Consultation before report finalised 86\n\n49ZZA Publication of investigation-related materials 87\n\n49ZZB Limitations on disclosure etc of information obtained under this Part 87\n\n49ZZC Release of information in the interests of transport safety 89\n\n49ZZD Reports not admissible in evidence 89\n\n49ZZE Chief Investigator may authorise non-staff members to have access to information 90\n\n49ZZF Confidential reporting of safety information by transport workers 90\n\n49ZZG Chief Investigator may ask Commonwealth agency to investigate accident or incident 91\n\nPart 3—Enforcement measures 92\n\nDivision 1—Improvement notices 92\n\n50 Service of improvement notices 92\n\n52 Contents of improvement notices 93\n\n53 Directions in improvement notices 95\n\n54 Amendment of improvement notice 95\n\n55 Cancellation of improvement notices 96\n\n56 Clearance certificates for improvement notices 96\n\n57 Proceedings for offences not affected by improvement notices or clearance certificates 97\n\n58 Compliance with improvement notice 97\n\n59 Extension of time for compliance with improvement notices 98\n\nDivision 2—Prohibition notices 98\n\n60 Service of prohibition notice 98\n\n61 Contents of prohibition notice 99\n\n62 Directions in prohibition notices 101\n\n63 Compliance with prohibition notice 101\n\n64 Amendment of prohibition notice 101\n\n65 Withdrawal of prohibition notices 102\n\n66 Certificates confirming that matters that give rise to immediate risks to safety remedied 102\n\n67 Proceedings for offences not affected by prohibition notices or certificates 103\n\nDivision 3—Remedial action in relation to prohibition notices 104\n\n68 When Safe Transport Victoria may carry out action 104\n\n69 Power of Safe Transport Victoria to take other remedial action 104\n\n70 Costs of remedial or other action 105\n\nDivision 4—Non-disturbance notices 105\n\n71 Service of non-disturbance notice 105\n\n72 Contents of non-disturbance notice 106\n\n73 Compliance with non-disturbance notice 108\n\n74 Service of subsequent non-disturbance notices 108\n\n75 Cancellation of a non-disturbance notice 108\n\nDivision 5—General requirements applying to notices 108\n\n76 Definition 108\n\n77 Notice to be in writing 108\n\n78 Minor variations of notices by transport safety officer 109\n\n79 Formal irregularities or defects in notice 109\n\n80 Serving notices 109\n\nDivision 6—Injunctions 110\n\n81 Definition 110\n\n82 Injunctions for non‑compliance with notices 110\n\nDivision 7—Enforceable voluntary undertakings 111\n\n83 Enforceable voluntary undertaking 111\n\n84 Notice of decisions and reasons for decision 111\n\n85 When a transport safety undertaking is enforceable 112\n\n86 Compliance with transport safety undertaking 112\n\n87 Contravention of transport safety undertaking 112\n\n88 Withdrawal or variation of transport safety undertaking 113\n\n89 Proceedings for alleged contravention 114\n\nDivision 8—Additional enforcement measures relating to bus safety 115\n\n90 Response to certain safety reports 115\n\nPart 4—Infringement notices 117\n\nDivision 1—Transport safety infringement notices 117\n\n93 Transport safety infringements 117\n\nPart 5—Review of decisions 118\n\n99 Reviewable decisions 118\n\n100 Review by Safe Transport Victoria 121\n\n101 Notification of decision of Safe Transport Victoria 123\n\n101A Review by Chief Investigator, Transport Safety 123\n\n101B Notification of decision of Chief Investigator, Transport Safety 125\n\n102 Review by VCAT 125\n\nPart 6—General liability and court processes 127\n\nDivision 1—General matters 127\n\n103 Offence to give false or misleading information 127\n\nDivision 2—Director and officer criminal liability 128\n\n104 Criminal liability of officers of bodies corporate—failure to exercise due diligence 128\n\nDivision 3—Proceedings and evidentiary provisions 131\n\n105 Who may commence proceedings for offences against this Act or a transport safety law 131\n\n106 Limited period for prosecution of transport safety law indictable offences 132\n\n107 Evidentiary certificates—this Act or transport safety laws 132\n\nDivision 4—Court based sanctions 136\n\n108 Definitions 136\n\n109 Commercial benefits order 137\n\n110 Supervisory intervention order 139\n\n111 Exclusion orders 145\n\n112 Adverse publicity order 147\n\n113 Release on the giving of a safety undertaking 148\n\n114 Variation or contravention of orders under section 113 149\n\nPart 7—Safe Transport Victoria and transport safety officers 151\n\nDivision 1—Safe Transport Victoria 151\n\n115 Chief Executive of Safe Transport Victoria has functions and powers of a transport safety officer 151\n\nDivision 2—Transport safety officers 152\n\nSubdivision 1—Appointment 152\n\n116 Appointment 152\n\n117 Identity cards 153\n\n118 Return of identity cards 153\n\n119 Production of identity card 153\n\nSubdivision 2—Functions and powers of transport safety officers 154\n\n120 Functions and powers 154\n\n121 Transport safety officers subject to Safe Transport Victoria's direction 155\n\n122 Transport safety officer may take affidavits 156\n\n123 Attendance of transport safety officer at inquiries 156\n\nSubdivision 3—Offences in relation to transport safety officers 156\n\n124 Offence to hinder or obstruct transport safety officer 156\n\n125 Offence to impersonate transport safety officer 157\n\n126 Offence to assault, threaten or intimidate transport safety officer 157\n\nPart 8—General 158\n\n127 Legal professional privilege 158\n\n128 Recovery of costs 158\n\n129 Corporations Act displacement 159\n\n131 Service of documents 159\n\n132 Regulations 160\n\nPart 9—Transitional and savings provisions 163\n\n133 Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025—Active investigations of the Chief Investigator, Transport Safety 163\n\n═══════════════\n\nEndnotes 165\n\n1 General information 165\n\n2 Table of Amendments 167\n\n3 Explanatory details 169\n\n**Version No.** **019**\n\n**Transport (Safety Schemes Compliance and Enforcement) Act 2014**\n\n**No. 27 of 2014**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts:**\n\n","sortOrder":3},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\nS. 1 amended by No. 41/2019 s. 20, substituted by No. 25/2025 s. 65.\n\n","sortOrder":4},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe purposes of this Act are to—\n\n(a) provide a scheme for the enforcement of transport system safety legislation; and\n\n(b) facilitate independent investigations of transport safety matters by the Chief Investigator, Transport Safety.\n\n","sortOrder":5},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\nThis Act comes into operation on a day or days to be proclaimed.\n\n","sortOrder":6},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nIn this Act—\n\n***accredited bus operator*** has the same meaning as in the **Bus Safety Act 2009**;\n\nS. 3 def. of *accredited rail transport operator* repealed by No. 41/2019 s. 21(l).\n\n***approved bus safety code of practice*** means a code of practice within the meaning of the **Bus Safety Act 2009**;\n\nS. 3 def. of *approved code of practice* amended by No. 41/2019 s. 21(b).\n\n***approved code of practice*** means—\n\n(a) an approved bus safety code of practice; or\n\n(b) an approved marine safety code of practice;\n\n***approved marine safety code of practice*** means a code of practice within the meaning of the **Marine Safety Act 2010**;\n\nS. 3 def. of *approved rail safety code of practice* repealed by No. 41/2019 s. 21(l).\n\n***authorised officer*** means a transport safety officer or a police officer;\n\n***bus*** has the same meaning as in the **Bus Safety Act 2009**;\n\n***bus premises*** means—\n\n(a) a depot or base of operations for a bus service; or\n\n(b) a place where bus safety work is carried out; or\n\n(c) premises, including an office or building, used in connection with the provision of bus services or where the provision of bus services is managed;\n\nS. 3 def. of *bus safety matter* inserted by No. 41/2019 s. 21(a).\n\n***bus safety matter***  has the same meaning as in section 3 of the **Transport Integration Act 2010**;\n\n***bus safety worker*** has the same meaning as in the **Bus Safety Act 2009**;\n\n***bus service*** has the same meaning as in the **Bus Safety Act 2009**;\n\n***business day*** means a day that is not—\n\n(a) a Saturday or a Sunday; or\n\n(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**;\n\nS. 3 def. of *Chief Executive of Safe Transport Victoria* inserted by No. 34/2023 s. 127(Sch. 1 item 18.1(a)).\n\n***Chief Executive of Safe Transport Victoria*** means the person appointed as the Chief Executive of Safe Transport Victoria under section 115H of the **Transport Integration Act 2010**;\n\nS. 3 def. of *Chief Investigator, Transport Safety* or *Chief Investigator* inserted by No. 25/2025 s. 66(d).\n\n***Chief Investigator, Transport Safety*** or ***Chief Investigator***  means Chief Investigator, Transport Safety within the meaning of the **Transport Integration Act 2010**;\n\nS. 3 def. of *Common-wealth* inserted by No. 25/2025 s. 66(d).\n\n***Commonwealth*** means Commonwealth of Australia;\n\nS. 3 def. of *compliance and investigative purposes* amended by No. 41/2019 s. 21(c).\n\n***compliance and investigative purposes*** includes purposes—\n\n(a) related to ascertaining whether this Act or a transport safety law has been, or is being, complied with, including whether an offence has been committed against this Act or a transport safety law; and\n\n(b) related to ascertaining whether an approved code of practice has been, or is being, complied with; and\n\n(c) related to an investigation into a bus safety matter or a marine safety matter; and\n\n(e) related to an audit under section 20 of the **Bus Safety Act 2009**;\n\nS. 3 def. of *contractor* repealed by No. 41/2019 s. 21(l), new def. of *contractor* inserted by No. 25/2025 s. 66(d).\n\n***contractor***—\n\n(a) in relation to a rail transport operator—\n\n(i) means a person engaged directly or indirectly by the rail transport operator to supply rail infrastructure operations or rolling stock operations to that rail transport operator; and\n\n(ii) includes a sub-contractor; or\n\n(b) in relation to a road authority—\n\n(i) means a person engaged directly or indirectly by the road authority to undertake works within the meaning of the **Road Management Act 2004** on behalf of the road authority; and\n\n(ii) includes a sub-contractor;\n\nS. 3 def. of *Department* amended by Nos 41/2019 s. 21(d), 25/2025 s. 106(Sch. 1 item 48).\n\n***Department*** means the Department of Transport and Planning;\n\n***employee*** means a person employed under a contract of employment or contract of training;\n\n***exercise***, in relation to a function, includes perform the function;\n\nS. 3 def. of *harbour master licence* inserted by No. 19/2022 s. 83.\n\n***harbour master licence*** has the same meaning as in the **Marine Safety Act 2010**;\n\nS. 3 def. of *Head, Transport for Victoria* inserted by No. 25/2025 s. 66(d).\n\n***Head, Transport for Victoria*** has the same meaning as in the **Transport Integration Act 2010**;\n\n***improvement notice*** means a notice served under section 50;\n\nS. 3 def. of *level crossing* amended by No. 7/2019 s. 39, repealed by No. 41/2019 s. 21(l).\n\n***marine incident*** has the same meaning as in the **Marine Safety Act 2010**;\n\n***marine operations*** has the same meaning as in the **Marine Safety Act 2010**;\n\n***marine or port infringement law*** means—\n\n(a) a provision of the **Marine Safety Act 2010** or any regulations made under that Act; or\n\n(b) a provision of the **Marine (Drug, Alcohol and Pollution Control) Act 1988** or any regulations made under that Act; or\n\n(c) a provision of the **Port Management Act 1995** or any regulations made under that Act;\n\nS. 3 def. of *marine premises* amended by No. 35/2019 s. 17(a).\n\n***marine premises*** means—\n\n(a) a building or a facility used in connection with the undertaking of marine operations; and\n\n(b) land on which vessels are stored but does not include land used for residential purposes; and\n\n(c) premises associated with the design, commission, construction, manufacture, supply, maintenance, repair or modification of a recreational vessel; and\n\n(d) premises associated with the design, commission, construction, manufacture, supply, installation, maintenance, repair or modification of marine safety equipment; and\n\n(e) premises owned or occupied by pilotage services providers for the purpose of providing pilotage services;\n\nS. 3 def. of *marine safety equipment* inserted by No. 35/2019 s. 17(b).\n\n***marine safety equipment*** has the same meaning as in section 3(1) of the **Marine Safety Act 2010**;\n\n***marine safety infrastructure*** has the same meaning as in the **Marine Safety Act 2010**;\n\n***marine safety infrastructure operations***  has the same meaning as in the **Marine Safety Act 2010**;\n\n***marine safety matter*** has the same meaning as in the **Transport Integration Act 2010**;\n\n***marine safety work*** has the same meaning as in the **Marine Safety Act 2010**;\n\n***non-disturbance notice*** means a notice served under section 71;\n\nS. 3 def. of *notifiable occurrence* amended by No. 41/2019 s. 21(e).\n\n***notifiable occurrence*** means—\n\n(a) a bus safety matter; or\n\n(b) an accident or incident that is prescribed as a notifiable occurrence—\n\nbut does not include a matter or accident or incident that is prescribed not to be a notifiable occurrence;\n\n***officer*** of a body corporate, unincorporated body or association or partnership has the meaning given by section 9 of the Corporations Act;\n\nS. 3 def. of *passenger transport company* repealed by No. 41/2019 s. 21(l).\n\n***person*** includes a body corporate, unincorporated body or association and a partnership;\n\nS. 3 def. of *personal information* inserted by No. 25/2025 s. 66(d).\n\n***personal information*** has the same meaning as in section 3 of the **Privacy and Data Protection Act 2014**;\n\nS. 3 def. of *pilotage services* inserted by No. 35/2019 s. 17(b).\n\n***pilotage services*** has the same meaning as in section 3(1) of the **Marine Safety Act 2010**;\n\nS. 3 def. of *pilotage services provider* inserted by No. 35/2019 s. 17(b).\n\n***pilotage services provider*** has the same meaning as in section 3(1) of the **Marine Safety Act 2010**;\n\nS. 3 def. of *police officer* substituted by No. 41/2019 s. 21(f).\n\n***police officer*** has the same meaning as in section 3(1) of the **Victoria Police Act 2013**;\n\nS. 3 def. of *private siding* repealed by No. 41/2019 s. 21(l).\n\n***prohibition notice*** means a notice served under section 60;\n\nS. 3 def. of *Public Transport Development Authority* repealed by No. 41/2019 s. 21(l).\n\nS. 3 def. of *public transport premises* repealed by No. 41/2019 s. 21(l), new def. of *public transport premises* inserted by No. 25/2025 s. 66(d).\n\n***public transport premises***—\n\n(a) means railway premises or bus premises; and\n\n(b) includes any place where an incident involving a bus occurred if the bus, or anything that is, or that is possibly, relevant to an investigation into the incident, is still present;\n\nS. 3 def. of *public transport safety matter* repealed by No. 41/2019 s. 21(l), new def. of *public transport safety matter* inserted by No. 25/2025 s. 66(d).\n\n***public transport safety matter***  has the same meaning as in the **Transport Integration Act 2010**;\n\nS. 3 def. of *rail infrastructure* repealed by No. 41/2019 s. 21(l), new def. of *rail infrastructure* inserted by No. 25/2025 s. 66(d).\n\n***rail infrastructure*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\nS. 3 def. of *rail infrastructure manager* repealed by No. 41/2019 s. 21(l).\n\nS. 3 def. of *rail safety work* inserted by No. 25/2025 s. 66(d).\n\n***rail safety work*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\nS. 3 def. of *rail safety worker* repealed by No. 41/2019 s. 21(l), new def. of *rail safety worker* inserted by No. 25/2025 s. 66(d).\n\n***rail safety worker*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\nS. 3 def. of *rail transport operator* repealed by No. 41/2019 s. 21(l), new def. of *rail transport operator* inserted by No. 25/2025 s. 66(d).\n\n***rail transport operator***  has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\nS. 3 def. of *railway* repealed by No. 41/2019 s. 21(l).\n\nS. 3 def. of *railway operations* repealed by No. 41/2019 s. 21(l), new def. of *railway operations* inserted by No. 25/2025 s. 66(d).\n\n***railway operations*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\nS. 3 def. of *railway premises* repealed by No. 41/2019 s. 21(l), new def. of *railway premises* inserted by No. 25/2025 s. 66(d).\n\n***railway premises*** means railway premises  (other than paragraph (f)) within the meaning in section 4(1) of the Rail Safety National Law (Victoria);\n\nS. 3 def. of *registered bus operator* repealed by No. 30/2021 s. 99(a).\n\nS. 3 def. of *residential premises* amended by Nos 41/2019 s. 21(g), 25/2025 s. 66(a).\n\n***residential premises*** means premises, rolling stock, a bus or a vessel, or a part of premises, rolling stock, a bus or a vessel, that is used for predominantly residential purposes;\n\nS. 3 def. of *road authority* inserted by No. 25/2025 s. 66(d).\n\n***road authority*** has the same meaning as it has in the **Road Management Act 2004**;\n\nS. 3 def. of *road vehicle* substituted by Nos 41/2019 s. 21(h), 25/2025 s. 66(b).\n\n***road vehicle*** means any vehicle propelled by any form of motive power but does not include—\n\n(a) a bus; or\n\n(b) rolling stock;\n\nS. 3 def. of *rolling stock* repealed by No. 41/2019 s. 21(l), new def. of *rolling stock* inserted by No. 25/2025 s. 66(d).\n\n***rolling stock*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\nS. 3 def. of *Safe Transport Victoria* inserted by No. 34/2023 s. 127(Sch. 1 item 18.1(a)).\n\n***Safe Transport Victoria*** has the same meaning as in section 3 of the **Transport Integration Act 2010**;\n\nS. 3 def. of *Safety Director* repealed by No. 34/2023 s. 127(Sch. 1 item 18.1(b)).\n\nS. 3 def. of *safety work infringement* repealed by No. 41/2019 s. 21(l).\n\nS. 3 def. of *searchable bus or vessel* inserted by No. 41/2019 s. 21(a).\n\n***searchable bus or vessel*** means a bus or vessel entered or boarded by a transport safety officer under Part 2;\n\nS. 3 def. of *searchable premises* amended by No. 41/2019 s. 21(i), substituted by No. 25/2025 s. 66(c).\n\n***searchable premises*** means—\n\n(a) bus premises or marine premises or other premises entered by a transport safety officer under Part 2; or\n\n(b) public transport premises or marine premises or other premises entered by the Chief Investigator under Part 2A;\n\nS. 3 def. of *searchable rolling stock, bus or vessel* repealed by No. 41/2019 s. 21(l), new def. of *searchable rolling stock, bus or vessel* inserted by No. 25/2025 s. 66(d).\n\n***searchable rolling stock, bus or vessel*** means rolling stock, a bus or vessel entered or boarded by the Chief Investigator under Part 2A;\n\n***Secretary*** means the Secretary to the Department;\n\nS. 3 def. of *specified person* inserted by No. 25/2025 s. 66(d).\n\n***specified person***, in Part 2A, means—\n\n(a) a rail transport operator or an employee or contractor of a rail transport operator; or\n\n(b) an operator of any bus service; or\n\n(c) a driver of a bus used to provide a bus service; or\n\n(d) a procurer of a bus service within the meaning of the **Bus Safety Act 2009**; or\n\n(e) a rail safety worker; or\n\n(f) a bus safety worker; or\n\n(g) a utility or an employee of a utility; or\n\n(h) a road authority or an employee or contractor of a road authority; or\n\n(i) the National Heavy Vehicle Regulator within the meaning of the Heavy Vehicle National Law (Victoria); or\n\n(j) a works contractor within the meaning of section 85 of the **Electricity Industry Act 2000**, section 48A of the **Road Management Act 2004** or section 137A(4) of the **Water Act 1989**; or\n\n(k) a person authorised in writing by a gas distribution company or gas transmission company under section 148(7) or 149(6) of the **Gas Industry Act 2001**; or\n\n(l) Safe Transport Victoria; or\n\n(m) a person whom the Chief Investigator believes on reasonable grounds may be able to provide information, documents or assistance for the purposes of carrying out an investigation into a public transport safety matter or a marine safety matter;\n\n***this Act*** includes regulations made under this Act;\n\nS. 3 def. of *transport safety infringement* amended by No. 41/2019 s. 21(j).\n\n***transport safety infringement*** means an offence against a transport safety infringement law that is prescribed for the purposes of this Act;\n\nS. 3 def. of *transport safety infringement law* amended by Nos 41/2019 s. 21(k), 30/2021 s. 99(b).\n\n***transport safety infringement law*** means—\n\n(a) in the case of an accredited bus operator—a provision of the **Bus Safety Act 2009** or the regulations made under that Act;\n\n(c) a marine or port infringement law;\n\nS. 3 def. of *transport safety law* inserted by No. 41/2019 s. 21(a).\n\n***transport safety law*** means—\n\n(a) the **Bus Safety Act 2009** or any regulations made under that Act; or\n\n(b) the **Marine (Drug, Alcohol and Pollution Control) Act 1988** or any regulations made under that Act; or\n\n(c) the **Marine Safety Act 2010** or any regulations made under that Act; or\n\n(d) the **Port Management Act 1995** or any regulations made under that Act; or\n\n(e) the **Transport Integration Act 2010** or any regulations made under that Act;\n\n***transport safety officer*** means a person appointed under section 116;\n\nS. 3 def. of *transport safety or infrastructure law* repealed by No. 41/2019 s. 21(l), new def. of *transport safety or infrastructure law* inserted by No. 25/2025 s. 66(d).\n\n***transport safety or infrastructure law*** means—\n\n(a) a transport safety law; or\n\n(b) the **Rail Safety National Law Application Act 2013** or any regulations made under that Act; or\n\n(c) the Rail Safety National Law (Victoria); or\n\n(d) the national regulations within the meaning of the Rail Safety National Law (Victoria); or\n\n(e) section 93A, 93B or 93C of the **Electricity Industry Act 2000**; or\n\n(f) section 149A, 149B or 149C of the **Gas Industry Act 2001**; or\n\n(g) Division 4A of Part 4 of the **Road Management Act 2004**; or\n\n(h) section 137A, 137B or 137C of the **Water Act 1989**; or\n\n(i) section 23 of the **Crimes Act 1958** but only in relation to conduct engaged in by a person on or at, or in the immediate vicinity of, rail infrastructure or rolling stock that places or may place another person in danger of serious injury;\n\n***transport safety undertaking*** has the meaning given by section 83(1);\n\nS. 3 def. of *transport system* repealed by No. 41/2019 s. 21(l).\n\nS. 3 def. of *utility* repealed by No. 41/2019 s. 21(l), new def.of *utility* inserted by No. 25/2025 s. 66(d).\n\n***utility*** means—\n\n(a) an entity (whether publicly or privately owned) which provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like services under the authority of an Act of Victoria or the Commonwealth; or\n\n(b) any person who under the **Pipelines Act 2005** is the holder of a licence to construct and operate a pipeline;\n\n***vehicle*** means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn;\n\n***vessel***  has the same meaning as in the **Marine Safety Act 2010**;\n\n***vessel operations*** has the same meaning as in the **Marine Safety Act 2010**.\n\n","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Transport Integration Act 2010","content":"\t4 Transport Integration Act 2010\n\nThis Act is transport legislation within the meaning of the **Transport Integration Act 2010**.\n\n","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Act binds the Crown","content":"\t5 Act binds the Crown\n\nThis Act binds the Crown, in right of Victoria, and to the extent the legislative power of the Parliament permits, the Crown in all its other capacities.\n\nPt 2 (Heading) amended by No. 25/2025 s. 67.\n\n","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"General compliance and investigatory powers","content":"Part 2—General compliance and investigatory powers\n\n","sortOrder":10},{"sectionNumber":"Div 1","sectionType":"division","heading":"Entry and boarding","content":"Division 1—Entry and boarding\n\nS. 6 (Heading) substituted by No. 41/2019 s. 22(1).\n\n","sortOrder":11},{"sectionNumber":"6","sectionType":"section","heading":"Entry into bus premises, marine premises or bus or boarding vessel","content":"\t6 Entry into bus premises, marine premises or bus or boarding vessel\n\n(1) A transport safety officer, for compliance and investigative purposes, may at any time—\n\n(a) enter a place that is, or that the officer reasonably suspects is—\n\nS. 6(1)(a)(i) amended by No. 41/2019 s. 22(2)(a).\n\n(i) bus premises; or\n\n(ii) marine premises; or\n\nS. 6(1)(b) amended by No. 41/2019 s. 22(2)(b).\n\n(b) enter a bus while it is in use; or\n\n(c) board a vessel while it is in use.\n\nS. 6(2) amended by No. 41/2019 s. 22(2)(c).\n\n(2) If a transport safety officer enters a place under subsection (1) and it is not bus premises or marine premises, the officer must leave the place immediately.\n\nS. 6(3) amended by No. 41/2019 s. 22(2)(d).\n\n(3) A transport safety officer may enter a place that adjoins bus premises or marine premises if the entry is urgently required for the purpose of dealing with—\n\nS. 6(3)(a) amended by No. 41/2019 s. 22(2)(d).\n\n(a) a bus accident; or\n\n(b) a marine incident.\n\nS. 6(4) amended by No. 41/2019 s. 22(2)(e).\n\n(4) An entry or boarding may be made under subsection (1) or (3) with or without the consent of the person with control or management of the place, bus or vessel.\n\nS. 6(5) amended by No. 41/2019 s. 22(2)(f).\n\n(5) If a transport safety officer exercises a power of entry or boarding under this section without the owner or occupier of the bus premises or marine premises or adjoining place or person with the control or management of the bus or vessel being present the officer must, on leaving the premises, place, bus or vessel, leave a notice setting out—\n\n(a) the time of entry; and\n\n(b) the purpose of entry; and\n\nS. 6(5)(c) amended by No. 41/2019 s. 22(2)(f)(ii).\n\n(c) a description of things done while on the premises, bus or vessel; and\n\n(d) the time of departure; and\n\nS. 6(5)(e) amended by No. 34/2023 s. 127(Sch. 1 item 18.2).\n\n(e) the procedure for contacting Safe Transport Victoria for further details of the entry or boarding.\n\nS. 6(6) amended by No. 41/2019 s. 22(2)(g).\n\n(6) A transport safety officer may also enter any place or bus or board a vessel if the entry or boarding is authorised by a search warrant. Subsection (5) does not apply in respect of that kind of entry.\n\n","sortOrder":12},{"sectionNumber":"7","sectionType":"section","heading":"Notification of entry","content":"\t7 Notification of entry\n\nS. 7(1) amended by No. 41/2019 s. 23(a).\n\n(1) A transport safety officer may enter a place or bus or board a vessel under section 6 without prior notice to any person.\n\nS. 7(2) amended by No. 41/2019 s. 23(b).\n\n(2) A transport safety officer must, as soon as practicable after entry to a place that is, or that the officer reasonably suspects is, bus premises or marine premises take all reasonable steps to notify the person with control or management of the premises of that officer's entry.\n\nS. 7(3) amended by No. 41/2019 s. 23(c).\n\n(3) A transport safety officer must, as soon as practicable after entering a bus or boarding a vessel, take all reasonable steps to notify the operator and driver of the bus or master of the vessel of that officer's entry or boarding.\n\n(4) However, a transport safety officer is not required to notify any person if to do so would—\n\nS. 7(4)(a) amended by No. 41/2019 s. 23(d).\n\n(a) defeat the purpose for which the place or bus was entered or the vessel was boarded; or\n\n(b) cause unreasonable delay.\n\n","sortOrder":13},{"sectionNumber":"Div 2","sectionType":"division","heading":"Powers on entry and boarding","content":"Division 2—Powers on entry and boarding\n\n","sortOrder":14},{"sectionNumber":"8","sectionType":"section","heading":"General powers on entry or boarding","content":"\t8 General powers on entry or boarding\n\nS. 8(1) amended by No. 41/2019 s. 24(a).\n\n(1) A transport safety officer who enters bus premises or marine premises or a bus or boards a vessel under section 6 may do any of the following—\n\nS. 8(1)(a) amended by No. 41/2019 s. 24(b).\n\n(a) search, inspect and examine the premises, bus or vessel;\n\nS. 8(1)(b) amended by No. 41/2019 s. 24(b).\n\n(b) make inquiries at the premises or on the bus or vessel;\n\nS. 8(1)(c) amended by No. 41/2019 s. 24(b).\n\n(c) inspect, examine or copy any thing (including a document) at the premises or on the bus or vessel;\n\nS. 8(1)(d) amended by No. 41/2019 s. 24(c).\n\n(d) bring to the premises or onto the bus or vessel, and use at the premises or on the bus or vessel, any equipment or materials that may be required;\n\nS. 8(1)(e) substituted by No. 41/2019 s. 24(d).\n\n(e) enter or open, using reasonable force, the bus or vessel or a thing on the bus or vessel, to examine the bus, vessel or other thing;\n\n(f) take measurements, make surveys and take levels at the premises and, for those purposes, dig trenches, break up the soil and set up any posts, stakes or markers at the premises;\n\n(g) conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings)—\n\n(i) at the premises or on or of any road vehicle at the premises; or\n\nS. 8(1)(g)(ii) amended by No. 41/2019 s. 24(e).\n\n(ii) on or of a bus or vessel;\n\n(h) mark, tag or otherwise identify—\n\n(i) a road vehicle or other thing at the premises;\n\nS. 8(1)(h)(ii) amended by No. 41/2019 s. 24(e)(f).\n\n(ii) a bus or vessel or a thing on the bus or vessel;\n\nS. 8(1)(i) amended by Nos 68/2017 s. 109, 41/2019 s. 24(g).\n\n(i) seize any thing (including a document)—\n\n(i) at the premises or in a road vehicle at the premises; or\n\nS. 8(1)(i)(ii) amended by No. 41/2019 s. 24(f).\n\n(ii) on the bus or vessel—\n\nif the officer reasonably believes the thing is evidence of an offence against this Act or a transport safety law;\n\nS. 8(1)(j) amended by No. 41/2019 s. 24(h).\n\n(j) seize any thing at the premises or on the bus or vessel if the transport safety officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction;\n\nS. 8(1)(k) amended by No. 41/2019 s. 24(h).\n\n(k) take and remove for analysis, testing or examination a sample of any substance or thing from the premises or the bus or vessel without paying for it;\n\n(l) require the following persons to give the officer reasonable help to exercise the officer's powers under paragraphs (a) to (k)—\n\nS. 8(1)(l)(i) amended by No. 41/2019 s. 24(i)(i).\n\n(i) a person at the bus premises or marine premises;\n\nS. 8(1)(l)(ii) repealed by No. 41/2019 s. 24(i)(ii).\n\n(iii) the driver of the bus;\n\n(iv) the master or a member of the crew of the vessel;\n\nS. 8(1)(m) amended by No. 41/2019 s. 24(j).\n\n(m) exercise any power that is reasonably necessary to be exercised by the officer for the purposes of a transport safety law.\n\nS. 8(2) amended by No. 41/2019 s. 24(k).\n\n(2) A film, photograph, video or digital recording, or other image, taken under subsection (1)(g) at the bus premises or marine premises or on the bus or vessel, is not inadmissible as evidence by reason only of the fact that it includes the likeness of one or more persons if the capturing of that likeness is incidental to the taking of the film, photograph, video or digital recording, or other image.\n\n(3) A person required to give reasonable help under subsection (1)(l) must not, without reasonable excuse, fail to comply with the requirement.\n\nS. 8(4) def. of *reasonable help* substituted by No. 41/2019 s. 24(l).\n\n***reasonable help*** includes—\n\n(a) assistance to enable the transport safety officer to find and gain access to electronically stored material and information at the bus premises or marine premises or on the bus or vessel; and\n\n(b) driving or running the engine of the bus; and\n\n(c) operating the vessel.\n\nS. 9 (Heading) amended by No. 41/2019 s. 25(1).\n\n","sortOrder":15},{"sectionNumber":"9","sectionType":"section","heading":"Directions powers as to operation and movement of vehicles","content":"\t9 Directions powers as to operation and movement of vehicles\n\nS. 9(1) substituted by No. 41/2019 s. 25(2).\n\n(1) A transport safety officer who enters bus premises or a bus under section 6 may give a direction to any person at the premises or on the bus that relates to the stopping or movement of—\n\n(a) any road vehicle at the premises; or\n\n(b) the bus.\n\n(2) A person must not refuse or fail to comply with a direction under subsection (1) unless the person has a reasonable excuse.\n\n","sortOrder":16},{"sectionNumber":"10","sectionType":"section","heading":"Directions powers in relation to vessels","content":"\t10 Directions powers in relation to vessels\n\n(1) A transport safety officer who enters marine premises or boards, or proposes to board, a vessel under section 6 may do any of the following—\n\n(a) direct the master of a vessel or the person operating a vessel to do anything necessary to enable the effective and safe detention of the vessel;\n\n(b) direct the master or owner of a vessel or the person operating a vessel to supply information, answer questions or produce documents for the purpose of determining whether the vessel is a domestic commercial vessel within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law.\n\n(2) A transport safety officer, for compliance and investigative purposes, may direct the master of the vessel, or person operating the vessel, to—\n\n(a) stop the vessel; or\n\n(b) manoeuvre the vessel in a specified manner or to a specified place; or\n\n(c) secure the vessel in a specified manner; or\n\n(d) produce, for inspection, equipment specified in the direction.\n\nA direction under subsection (2) may be a direction to manoeuvre the vessel to a berth.\n\n(3) A person must not refuse or fail to comply with a direction under subsection (1) or (2) unless the person has a reasonable excuse.\n\n","sortOrder":17},{"sectionNumber":"11","sectionType":"section","heading":"Detention of vessels for 48 hours","content":"\t11 Detention of vessels for 48 hours\n\nA transport safety officer who boards a vessel under section 6 may detain the vessel for so long as is necessary (but no longer than 48 hours) for the purposes of exercising a power under section 8.\n\n","sortOrder":18},{"sectionNumber":"12","sectionType":"section","heading":"Magistrates' Court may extend period of detention of vessel","content":"\t12 Magistrates' Court may extend period of detention of vessel\n\n(1) A transport safety officer may apply to the Magistrates' Court for an extension of the period a vessel has been detained under section 11.\n\n(2) An application must be made within the maximum 48 hour detention period permitted under section 11 or within a period extended by the Court under this section.\n\n(3) The Court may order such an extension if satisfied that the continued detention of a vessel is necessary—\n\nS. 12(3)(a) amended by Nos 68/2017 s. 110(a), 41/2019 s. 26.\n\n(a) for the purposes of an investigation into whether an offence has been committed against this Act or a transport safety law; or\n\nS. 12(3)(b) amended by Nos 68/2017 s. 110(b) 41/2019 s. 26.\n\n(b) to enable evidence of an offence against this Act or a transport safety law to be obtained for the purposes of a prosecution; or\n\n(c) because the vessel is, or is likely to be, required for the purposes of an investigation into a marine safety matter.\n\n(4) The Court may adjourn an application to enable notice of the application to be given to any person.\n\n","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Persons assisting transport safety officers","content":"\t13 Persons assisting transport safety officers\n\nS. 13(1) amended by No. 41/2019 s. 27(1).\n\n(1) A person (the ***assistant***), including an interpreter, may accompany a transport safety officer entering bus premises or marine premises or other place or bus or boarding a vessel under this Part to assist the officer if the officer considers the assistance necessary.\n\n(2) The assistant—\n\nS. 13(2)(a) amended by No. 41/2019 s. 27(2).\n\n(a) may do such things at the premises or place or on the bus or vessel and in such manner as the transport safety officer reasonably requires to assist the officer in the exercise of his or her powers under this Act or a transport safety law; but\n\n(b) must not do anything that the officer does not have power to do, except as permitted under a search warrant.\n\n(3) Anything done lawfully by the assistant is taken for all purposes to have been done by the transport safety officer.\n\n","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":"Use of electronic equipment","content":"\t14 Use of electronic equipment\n\n(1) Without limiting section 8, if—\n\nS. 14(1)(a) amended by No. 41/2019 s. 28(1).\n\n(a) a thing found at searchable premises or on a searchable bus or vessel is, or includes, a disk, tape or other device for the storage, receipt or transmission of information; and\n\nS. 14(1)(b) amended by No. 41/2019 s. 28(1).\n\n(b) the equipment at searchable premises or on a searchable bus or vessel, may be used with the disk, tape or other device—\n\nthe transport safety officer, or a person assisting the officer, may operate the equipment to access the information.\n\nS. 14(2) amended by No. 41/2019 s. 28(2)(a)(b).\n\n(2) If the transport safety officer, or a person assisting the transport safety officer, finds that a disk, tape, or other device for the storage, receipt or transmission of information at searchable premises or on a searchable bus or vessel contains information the officer believes on reasonable grounds is relevant to determining whether a provision of this Act or a transport safety law has been contravened, the officer or person assisting the officer may—\n\n(a) put the information in documentary form and seize the documents so produced; or\n\nS. 14(2)(b) amended by No. 41/2019 s. 28(2)(c).\n\n(b) copy the information to another disk, tape or other storage device and remove that storage device from the searchable premises or searchable bus or vessel; or\n\n(c) if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.\n\n(3) A transport safety officer, or a person assisting a transport safety officer, must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.\n\n***information*** has the same meaning as in the **Electronic Transactions (Victoria) Act 2000**.\n\n","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Use of equipment to examine or process things","content":"\t15 Use of equipment to examine or process things\n\nS. 15(1) amended by No. 41/2019 s. 29.\n\n(1) Without limiting section 8, a transport safety officer exercising a power under this Part may bring to, onto, or into searchable premises or a searchable bus or vessel any equipment reasonably necessary for the examination or processing of things found at the premises or on or in the bus or vessel in order to determine whether they are things that may be seized.\n\nS. 15(2) amended by No. 41/2019 s. 29.\n\n(2) The transport safety officer, or a person assisting the officer, may operate equipment already at searchable premises or on a searchable bus or vessel to carry out the examination or processing of a thing found in or at the premises or on or in the bus or vessel in order to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that—\n\n(a) the equipment is suitable for the examination or the processing; and\n\n(b) the examination or processing can be carried out without damage to the equipment.\n\nS. 16 (Heading) amended by No. 41/2019 s. 30(1).\n\n","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Securing a site or restricting access to bus or vessel","content":"\t16 Securing a site or restricting access to bus or vessel\n\n(1) For the purpose of protecting evidence that might be relevant for compliance and investigative purposes, an authorised officer may—\n\n(a) secure the perimeter of any site at any place; or\n\nS. 16(1)(b) amended by No. 41/2019 s. 30(2).\n\n(b) restrict access to a bus or vessel.\n\nS. 16(2) amended by No. 41/2019 s. 30(2).\n\n(2) An authorised officer may secure the perimeter of a site or restrict access to a bus or vessel under subsection (1) by whatever means the authorised officer considers appropriate.\n\n(3) A person must not, without the permission of an authorised officer—\n\n(a) enter or remain at a site the perimeter of which is secured under this section; or\n\nS. 16(3)(b) amended by No. 41/2019 s. 30(2).\n\n(b) enter or board or remain on a bus or vessel access to which has been restricted under this section.\n\n(4) Subsection (3) does not apply if the person—\n\nS. 16(4)(a) amended by No. 41/2019 s. 30(2).\n\n(a) enters or remains at the site or enters or boards or remains on the bus or vessel to ensure the safety of persons; or\n\nS. 16(4)(b) amended by No. 41/2019 s. 30(2).\n\n(b) enters or remains at the site or enters or boards or remains on the bus or vessel to remove deceased persons or animals from the site or bus or vessel; or\n\n(c) enters or remains at the site to move a road vehicle, or the wreckage of a road vehicle, to a safe place; or\n\nS. 16(4)(d) amended by No. 41/2019 s. 30(2).\n\n(d) enters or remains at the site or enters or boards or remains on the bus or vessel to protect the environment from significant damage or pollution.\n\n(5) An authorised officer must not unreasonably withhold a permission referred to in subsection (3).\n\n","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Directions for the protection of evidence","content":"\t17 Directions for the protection of evidence\n\n(1) For the purpose of protecting evidence that might be relevant for compliance and investigative purposes, a transport safety officer may direct the person in control of a specified thing or class of specified things that the specified thing, or class of specified things, must not be removed or interfered with except with the permission of the transport safety officer.\n\n(2) A person must not fail or refuse to comply with a direction under subsection (1).\n\n(3) Subsection (2) does not apply if the conduct concerned was necessary—\n\n(a) to ensure the safety of persons, animals or property; or\n\n(b) for the movement of deceased persons or animals; or\n\nS. 17(3)(c) amended by No. 41/2019 s. 31.\n\n(c) to move a bus, or the wreckage of a bus, to a safe place; or\n\n(d) to protect the environment from significant damage or pollution.\n\n(4) A transport safety officer must not unreasonably withhold his or her permission under subsection (1).\n\n***in control***, in relation to a thing or a specified class of things, means having, or reasonably appearing to a transport safety officer as having, authority to exercise control over the thing or specified class of things.\n\n","sortOrder":24},{"sectionNumber":"Div 3","sectionType":"division","heading":"Search warrants","content":"Division 3—Search warrants\n\n","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Search warrants","content":"\t18 Search warrants\n\nS. 18(1) amended by No. 41/2019 s. 32(a).\n\n(1) A transport safety officer may apply to a magistrate for a search warrant for a place, bus or vessel.\n\n(2) The magistrate may refuse to consider the application until the transport safety officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\n\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n\n(3) The magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\n\nS. 18(3)(a) amended by No. 41/2019 s. 32(b)(i).\n\n(a) there is a particular thing or activity (the ***evidence***) that may provide evidence of an offence against this Act or a transport safety law; and\n\nS. 18(3)(b) amended by No. 41/2019 s. 32(b)(ii).\n\n(b) the evidence is, or may be within the next 72 hours, at the place or on the bus or vessel.\n\n(4) The search warrant must state—\n\nS. 18(4)(a) amended by No. 41/2019 s. 32(c).\n\n(a) that a stated transport safety officer may, with necessary and reasonable help and force, enter the place or bus, or board the vessel, and exercise the powers of the officer; and\n\n(b) the offence for which the search warrant is sought; and\n\n(c) the evidence that may be seized under the search warrant; and\n\nS. 18(4)(d) amended by No. 41/2019 s. 32(c).\n\n(d) the hours of the day or night when the place or bus may be entered or vessel may be boarded; and\n\n(e) the date, within 7 days after the search warrant's issue, the search warrant ends.\n\n(5) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the form set out in the rules of court under that Act.\n\n(6) Despite section 78 of the **Magistrates' Court Act 1989**, a search warrant must not authorise a transport safety officer to arrest a person.\n\n(7) Subject to any provision to the contrary in this Division, the rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to warrants under this section.\n\n","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Seizure of things not mentioned in the warrant","content":"\t19 Seizure of things not mentioned in the warrant\n\nA search warrant authorises the transport safety officer executing the warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if—\n\n(a) the transport safety officer believes, on reasonable grounds, that the thing—\n\n(i) is of a kind which could have been included in a warrant issued under this Part; or\n\nS. 19(a)(ii) amended by No. 41/2019 s. 33.\n\n(ii) will afford evidence about the commission of an offence against this Act or a transport safety law; and\n\nS. 19(b) amended by No. 41/2019 s. 33.\n\n(b) the transport safety officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the commission of an offence against this Act or a transport safety law.\n\n","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Announcement before entry or boarding on warrant","content":"\t20 Announcement before entry or boarding on warrant\n\n(1) Before executing a search warrant, the transport safety officer named in the warrant or an assistant to the officer must—\n\nS. 20(1)(a) amended by No. 41/2019 s. 34(a).\n\n(a) announce that he or she is authorised by the warrant to enter the place or bus or board the vessel; and\n\nS. 20(1)(b) amended by No. 41/2019 s. 34(b).\n\n(b) give any person at the place or on the bus or vessel an opportunity to allow that entry or boarding.\n\nS. 20(2) amended by No. 41/2019 s. 34(c).\n\n(2) However, the transport safety officer or an assistant to the officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place, or onto the bus or boarding of the vessel is needed to ensure—\n\n(a) the safety of any person; or\n\n(b) that the effective execution of the warrant is not frustrated.\n\nS. 21 (Heading) amended by No. 41/2019 s. 35(1).\n\nS. 21 amended by No. 41/2019 s. 35(2).\n\n","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Copy of warrant to be given to person with control or management of place, bus or vessel","content":"\t21 Copy of warrant to be given to person with control or management of place, bus or vessel\n\nIf the person who has, or appears to have, control or management of a place, bus or vessel is present at the place or on the bus or vessel when a search warrant is being executed, the transport safety officer must—\n\n(a) identify himself or herself to that person by producing his or her identity card for inspection; and\n\n(b) give that person a copy of the warrant.\n\n","sortOrder":29},{"sectionNumber":"Div 4","sectionType":"division","heading":"Other related investigatory powers","content":"Division 4—Other related investigatory powers\n\n","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Power to require production of documents, devices or other things and answers to questions","content":"\t22 Power to require production of documents, devices or other things and answers to questions\n\nS. 22(1) amended by No. 41/2019 s. 36.\n\n(1) A transport safety officer who enters searchable premises or enters or boards a searchable bus or vessel may, for compliance and investigative purposes—\n\nS. 22(1)(a) amended by No. 41/2019 s. 36(b).\n\n(a) require a person at the premises or on the bus or vessel to tell the officer who has custody of, or access to, a document, device or other thing; or\n\nS. 22(1)(b) amended by No. 41/2019 s. 36(b).\n\n(b) require a person at the premises or on the bus or vessel who has custody of, or access to, a document, device or other thing to produce that document, device or other thing to the officer while the officer is at the premises or on the bus or vessel, or within a specified period; or\n\nS. 22(1)(c) amended by No. 41/2019 s. 36(b).\n\n(c) require a person at the premises or on the bus or vessel to answer any questions put by the officer.\n\n(2) A requirement under subsection (1)(b) must be made by written notice unless the circumstances require the transport safety officer to have immediate access to the document, device or other thing.\n\n(3) An interview conducted by a transport safety officer under subsection (1)(c) must be conducted in private if—\n\n(a) the transport safety officer considers it appropriate; or\n\n(b) the person being interviewed so requests.\n\n(4) Subsection (3) does not limit the operation of section 13 or prevent a representative of the person being interviewed from being present at the interview.\n\n(5) Subsection (3) may be invoked during an interview by—\n\n(a) the transport safety officer; or\n\n(b) the person being interviewed—\n\nin which case the subsection applies to the remainder of the interview.\n\n(6) A person must not, without reasonable excuse, fail to comply with a requirement under this section.\n\nPenalty: In the case of a natural person, $5 000;\n\nIn the case of a body corporate, $25 000.\n\n","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Abrogation of privilege against self-incrimination","content":"\t23 Abrogation of privilege against self-incrimination\n\n(1) A person is not excused from answering a question or providing information or a document under this Part on the ground that the answer to the question, or the information or document, may tend to incriminate the person or expose the person to a penalty.\n\n(2) However—\n\n(a) any answer to a question or information or a document provided by a person under this Part is not admissible as evidence against that person in a criminal proceeding or a proceeding for the imposition of a civil penalty other than a proceeding arising out of the false or misleading nature of the answer, information or document; and\n\n(b) any information provided or document obtained as a direct result or indirect consequence of the answer, information or document being provided by a natural person under a requirement or direction under this Part is not admissible as evidence against that person in a criminal proceeding or a proceeding for the imposition of a civil penalty other than a proceeding arising out of the false and misleading nature of the answer, information or document.\n\n(3) Despite section (1) or (2)—\n\nS. 23(3)(a) amended by No. 41/2019 s. 37.\n\n(a) any information or document required to be kept under a transport safety law that is provided by a person under a requirement under section 22 is admissible in evidence against the person in a criminal proceeding; and\n\nS. 23(3)(b) amended by No. 41/2019 s. 37.\n\n(b) any information obtained from a person under this Part that is contained in any document or item that the person is required to keep under a transport safety law is admissible in evidence against the person in a criminal proceeding or may be used in any action, proceeding or process that may make a person liable to a penalty.\n\n","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Warning to be given","content":"\t24 Warning to be given\n\n(1) Before requiring a person to answer a question or provide information or a document under this Part, a transport safety officer must—\n\n(a) identify himself or herself to the person as a transport safety officer by producing the officer's identity card or in some other way; and\n\n(b) warn the person that failure to comply with the requirement or to answer the question, without reasonable excuse, would constitute an offence; and\n\n(c) warn the person about the effect of section 23; and\n\n(d) advise the person about the effect of section 127.\n\n(2) It is not an offence for a natural person to refuse to answer a question put by a transport safety officer or provide information or a document to a transport safety officer under this Part on the ground that the question, information or document might tend to incriminate him or her, unless he or she was first given the warning in subsection (1)(c).\n\n(3) Nothing in this section prevents a transport safety officer from obtaining and using evidence given to the officer voluntarily by any person.\n\n","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Power to copy and retain documents","content":"\t25 Power to copy and retain documents\n\nA transport safety officer may—\n\nS. 25(a) amended by No. 41/2019 s. 37.\n\n(a) make copies of, or take extracts from, a document given to the officer in accordance with a requirement under a transport safety law or seized under this Part; and\n\n(b) keep that document for the period that the officer considers necessary.\n\n","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Inspecting and copying documents in custody of a transport safety officer under this Part","content":"\t26 Inspecting and copying documents in custody of a transport safety officer under this Part\n\nWhile a transport safety officer retains custody of a document, the officer must permit the following persons to inspect or make copies of the document at all reasonable times—\n\n(a) the person who produced the document;\n\n(b) the owner of the document;\n\n(c) a person authorised by a person referred to in paragraph (a) or (b).\n\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Securing seized things","content":"\t27 Securing seized things\n\nOn seizing a thing under this Part, a transport safety officer may—\n\nS. 27(a) amended by No. 41/2019 s. 38.\n\n(a) move the thing from the bus premises, marine premises, place, bus or vessel where it was seized (the ***place of seizure***); or\n\n(b) leave the thing at the place of seizure but take steps to restrict access to it; or\n\n(c) in relation to equipment that is seized, make the equipment inoperable.\n\n","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Offence to tamper with seized thing","content":"\t28 Offence to tamper with seized thing\n\n(1)  If a transport safety officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without a transport safety officer's permission.\n\n(2) If a transport safety officer makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without a transport safety officer's permission.\n\n","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Directions relating to seizure","content":"\t29 Directions relating to seizure\n\n(1) To enable a thing to be seized under this Part, a transport safety officer may direct the person in control of it—\n\n(a) to take it to a specified place within a specified time; and\n\n(b) if necessary, to remain in control of it at the specified place for a period specified in the direction.\n\n(2) A direction under subsection (1)—\n\n(a) must be given by signed written notice given to the person; or\n\n(b) if for any reason it is not practicable to give signed written notice to the person—may be given orally and confirmed by signed written notice given to the person as soon as is practicable.\n\n(3) A further direction may be made under this section about the thing if it is necessary and reasonable to make the further direction.\n\nA further direction may (for example) be that the thing be transported during stated off-peak hours, be transported along a particular route, or be transported in a particular way.\n\n(4) A person given a direction under subsection (1) or (3) must comply with that direction unless the person has a reasonable excuse.\n\n(5) Without limiting what may otherwise be a reasonable excuse under subsection (4), it is a reasonable excuse for a person in control of a thing not to comply with a direction under subsection (1) or (3) if, in all the circumstances, the direction was unreasonable.\n\n(6) The cost of complying with a direction under subsection (1) or (3) must be borne by the person.\n\n(7) In this section—\n\n***in control***, in relation to a thing, means having, or reasonably appearing to a transport safety officer as having, authority to exercise control over the thing.\n\n","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Transport safety officer may direct a thing's return","content":"\t30 Transport safety officer may direct a thing's return\n\n(1) If a transport safety officer has directed a person to take a thing to a specified place within a specified time under section 29(1), a transport safety officer may direct the person to return the thing to the place from which it was taken.\n\n(2) A person given a direction under subsection (1) must comply with that direction unless the person has a reasonable excuse.\n\n(3) Without limiting what may otherwise be a reasonable excuse under subsection (2), it is a reasonable excuse for a person not to comply with a direction under subsection (1) if, in all the circumstances, the direction was unreasonable.\n\n(4) The cost of complying with a direction under subsection (1) must be borne by the person.\n\n","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Receipt for seized things","content":"\t31 Receipt for seized things\n\n(1) After a transport safety officer seizes a thing under this Part, the officer must give a receipt for it to the person from whom the thing was seized or the owner of the thing.\n\n(2) However, if for any reason it is not practicable to comply with subsection (1), the transport safety officer must leave the receipt in a conspicuous position and in a reasonably secure way—\n\n(a) at the place of seizure; or\n\nS. 31(2)(b) amended by No. 41/2019 s. 39.\n\n(b) if the thing was seized from a bus or vessel, on the bus or vessel.\n\n(3) The receipt must describe generally the thing seized and its condition.\n\n(4) This section does not apply if it would be impracticable or unreasonable to expect the transport safety officer to account for the thing, given its condition, nature and value.\n\n","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Copies of certain seized things to be given","content":"\t32 Copies of certain seized things to be given\n\n(1) If, under this Part, a transport safety officer seizes—\n\n(a) a document; or\n\n(b) a thing that can be readily copied; or\n\n(c) a storage device containing information that can be readily copied—\n\nthe transport safety officer must give a copy of the thing or information to the owner or custodian of the document, thing or device as soon as practicable after the seizure.\n\n(a) to any document, thing or device moved under section 27(a) or 29; or\n\n(b) if the transport safety officer is unable to discover the identity of the owner or custodian of any document, thing or device seized.\n\n","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Forfeiture of seized things","content":"\t33 Forfeiture of seized things\n\nS. 33(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(a)).\n\n(1) A thing seized under this Part is forfeited to the State if the Chief Executive of Safe Transport Victoria—\n\n(a) cannot find the person entitled to the thing after making reasonable inquiries; or\n\n(b) cannot return it to the person entitled to it, after making reasonable efforts; or\n\nS. 33(1)(c) amended by No. 41/2019 s. 40.\n\n(c) reasonably believes it is necessary to forfeit the thing to prevent it being used to commit an offence against this Act or a transport safety law.\n\nS. 33(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(a)).\n\n(2) Subsection (1)(a) does not require the Chief Executive of Safe Transport Victoria to make inquiries if it would be unreasonable to make inquiries to find the person entitled to the thing.\n\nS. 33(3) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(a)).\n\n(3) Subsection (1)(b) does not require the Chief Executive of Safe Transport Victoria to make efforts if it would be unreasonable to make efforts to return the thing to the person entitled to it.\n\nS. 33(4) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(b)).\n\n(4) If the Chief Executive of Safe Transport Victoria decides to forfeit the thing under subsection (1)(c), the Chief Executive of Safe Transport Victoria must tell the person entitled to the thing of the decision by written notice.\n\n(5) Subsection (4) does not apply if—\n\nS. 33(5)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(a)).\n\n(a) the Chief Executive of Safe Transport Victoria cannot find the person entitled to the thing after making reasonable inquiries; or\n\n(b) it is impracticable or would be unreasonable to give the notice.\n\n(6) The notice must state—\n\n(a) the reasons for the decision; and\n\n(b) information about the right of review under Part 5.\n\n(7) In deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing's nature, condition and value.\n\nS. 33(8) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(b)).\n\n(8) Any costs reasonably incurred by the Chief Executive of Safe Transport Victoria in storing or disposing of a thing forfeited under subsection (1)(c) may be recovered in a court of competent jurisdiction as a debt due to the Chief Executive of Safe Transport Victoria from the person entitled.\n\n(9) In this section—\n\n***person entitled*** to a thing means the person from whom it was seized unless that person is not entitled to possess it in which case it means the owner of the thing.\n\n","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Return of seized things","content":"\t34 Return of seized things\n\nS. 34(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.4(a)).\n\n(1) If a seized thing has not been forfeited under this Part, the person entitled to the thing may apply to the Chief Executive of Safe Transport Victoria for the return of the thing after the end of 6 months after it was seized.\n\nS. 34(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.4(b)).\n\n(2) The Chief Executive of Safe Transport Victoria must return the thing to the applicant under subsection (1) unless the Chief Executive of Safe Transport Victoria has reasonable grounds to retain the thing.\n\n(3) For the purposes of subsection (2), a reasonable ground to retain the thing is—\n\nS. 34(3)(a) amended by No. 41/2019 s. 41(a).\n\n(a) for the purposes of an investigation into whether an offence has been committed against this Act or a transport safety law; or\n\nS. 34(3)(b) amended by No. 41/2019 s. 41(a).\n\n(b) to enable evidence of an offence against this Act or a transport safety law to be obtained for the purposes of a prosecution; or\n\n(c) because the thing is, or is likely to be, required for the purposes of—\n\nS. 34(3)(c)(i) amended by No. 41/2019 s. 41(b)(i).\n\n(i) an investigation into a bus safety matter; or\n\nS. 34(3)(c)(ii) amended by No. 41/2019 s. 41(b)(ii).\n\n(ii) an audit under Division 3 of Part 3 of the **Bus Safety Act 2009**.\n\nS. 34(4) amended by No. 34/2023 s. 127(Sch. 1 item 18.4(b)).\n\n(4) The Chief Executive of Safe Transport Victoria may impose any conditions on the return of the thing under this section that the Chief Executive of Safe Transport Victoria considers appropriate to eliminate or minimise any risk to safety related to the thing.\n\n***person entitled*** to a thing means the person entitled to possess the thing or the owner of the thing.\n\n","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Access to seized thing","content":"\t35 Access to seized thing\n\n(1) Until a thing seized under this Part is forfeited or returned under this Part, a transport safety officer must allow its owner to inspect it and, if it is a document, to copy it.\n\n(2) Subsection (1) does not apply if it is impracticable or it would be unreasonable to allow the inspection or copying.\n\n","sortOrder":44},{"sectionNumber":"Div 5","sectionType":"division","heading":"Damage and compensation","content":"Division 5—Damage and compensation\n\nS. 36 amended by No. 41/2019 s. 42.\n\n","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Damage etc to be minimised","content":"\t36 Damage etc to be minimised\n\nIn the exercise, or purported exercise, of a power under a transport safety law or under this Part, a transport safety officer must take all reasonable steps to ensure that the officer, and any assistant to the officer, cause as little inconvenience, detriment and damage as is practicable.\n\n","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Transport safety officer to give notice of damage","content":"\t37 Transport safety officer to give notice of damage\n\nS. 37(1) amended by No. 41/2019 s. 42.\n\n(1) This section applies if a transport safety officer or an assistant to a transport safety officer damages a thing when exercising or purporting to exercise a power under a transport safety law or under this Part.\n\n(2) The transport safety officer must, as soon as practicable, give written notice of the damage to the person whom the officer believes on reasonable grounds is the person in control of the thing.\n\n(3) If the transport safety officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer's or assistant's control, the officer may state it in the notice.\n\n(4) If, for any reason, it is impracticable to comply with subsection (2), the transport safety officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n\n(5) This section does not apply to damage the transport safety officer reasonably believes is trivial.\n\n","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Compensation","content":"\t38 Compensation\n\nS. 38(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.5).\n\n(1) A person may claim compensation from the Chief Executive of Safe Transport Victoria if the person incurs damage because of the exercise or purported exercise of a power under this Part.\n\nS. 38(2) amended by No. 41/2019 s. 43.\n\n(2) In determining the amount of compensation payable in relation to any damage caused to electronic equipment, regard is to be had to whether the occupier of the bus premises or marine premises and the employees and agents of the occupier, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.\n\nS. 39 amended by No. 34/2023 s. 127(Sch. 1 item 18.6).\n\n","sortOrder":48},{"sectionNumber":"39","sectionType":"section","heading":"Limits on compensation","content":"\t39 Limits on compensation\n\nThe Chief Executive of Safe Transport Victoria is not liable to pay compensation to a person for any damage caused during any inspection or search conducted under this Part, or under a search warrant executed in accordance with this Part, if—\n\n(a) the thing that was the object of the inspection or search provides evidence of—\n\nS. 39(a)(i) amended by No. 41/2019 s. 44.\n\n(i) the commission of an offence against this Act or a transport safety law; or\n\nS. 39(a)(ii) amended by No. 41/2019 s. 44.\n\n(ii) non-compliance with a transport safety law or an approved code of practice; and\n\n(b) the damage caused was no more than was reasonably necessary in inspecting, or searching for, the thing.\n\n","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Compensation may be claimed as part of a court proceeding","content":"\t40 Compensation may be claimed as part of a court proceeding\n\n(1) Compensation may be claimed and ordered in a proceeding—\n\n(a) commenced in a court of competent jurisdiction; or\n\nS. 40(1)(b) amended by No. 41/2019 s. 44.\n\n(b) for an offence against this Act or a transport safety law commenced against the person claiming compensation.\n\n(2) The court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n\n(3) The regulations may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n\nDivision 6—Directions powers\n\n","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Transport safety officers may require name and address","content":"\t41 Transport safety officers may require name and address\n\n(1) A transport safety officer may require a person to provide the person's name and residential address if—\n\nS. 41(1)(a) amended by No. 41/2019 s. 44.\n\n(a) the officer finds the person committing an offence against this Act or a transport safety law; or\n\nS. 41(1)(b) amended by No. 41/2019 s. 44.\n\n(b) the officer finds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Act or a transport safety law; or\n\nS. 41(1)(c) amended by No. 41/2019 s. 44.\n\n(c) the officer reasonably believes that the person may be able to assist in the investigation of an offence against this Act or a transport safety law.\n\n(2) When asking a person to provide the person's name and residential address, the transport safety officer must—\n\n(a) tell the person the reason for the requirement to provide the person's name and residential address; and\n\n(b) warn the person that it is an offence to fail to state that name and residential address, unless the person has a reasonable excuse.\n\n(3) If the transport safety officer reasonably believes that the name or residential address is false, the officer may require the person to give evidence of its correctness.\n\n(4) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1) or (3).\n\nPenalty: $5 000.\n\n","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Master or person operating vessel must stop vessel and provide licence or certificates when directed","content":"\t42 Master or person operating vessel must stop vessel and provide licence or certificates when directed\n\n(1) A police officer or a transport safety officer may, by signalling or otherwise, require the master of, or person operating, a vessel that is moving to stop the vessel.\n\n(2) A police officer or a transport safety officer may require the master of, or person operating, a vessel to produce for inspection a certificate, licence or exemption issued under the **Marine Safety Act 2010** that is required to lawfully operate the vessel.\n\n(3) A police officer or a transport safety officer may require the master of, or person operating, a vessel to allow the officer to inspect any document that is required by regulations made under the **Marine Safety Act 2010** to be displayed in or on the vessel.\n\n(4) A person given a requirement under subsection (1), (2) or (3) must not refuse or fail to comply with the requirement.\n\nPenalty: $1 500.\n\n(5) Subsection (4) (as it applies to a requirement under subsection (2)) does not apply if the licence, certificate, exemption or other document is not on the vessel at the time the requirement for its production is made.\n\n","sortOrder":52},{"sectionNumber":"43","sectionType":"section","heading":"Direction to provide certain information","content":"\t43 Direction to provide certain information\n\n(1) A transport safety officer may direct, for compliance and investigative purposes—\n\nS. 43(1)(a) repealed by No. 41/2019 s. 45.\n\n(b) a provider of a bus service or a bus safety worker who is associated with a particular bus—\n\n(i) to state the name, home address and business address of any other person who is associated with the bus;\n\n(ii) to give any information that is within the power of the person to give that may lead to the identification of the owner or operator of the bus on any occasion;\n\n(c) a person whom the transport safety officer believes has information concerning the identity or location of the owner or master of a vessel to provide all the information the person has regarding the identity and location of the owner and master of the vessel.\n\n(2) A person must not refuse or fail to comply with a direction under subsection (1).\n\n(3) It is not an offence for a person to fail to comply with subsection (2) if the transport safety officer did not inform the person, at the time the direction was made, that it is an offence to fail to comply with the direction.\n\n***associated with*** means the owner or operator of, or in charge or apparently in charge of.\n\n","sortOrder":53},{"sectionNumber":"44","sectionType":"section","heading":"Manner in which transport safety officers may give directions under this Part","content":"\t44 Manner in which transport safety officers may give directions under this Part\n\n(1) A transport safety officer may give a direction under this Part orally or in writing.\n\n(2) If giving a direction orally, the transport safety officer giving the direction—\n\n(a) must state whether it is to be complied with immediately or within a specified period; and\n\n(b) must warn the person to whom the direction is given that it is an offence under this Act to fail to comply with a direction.\n\n(3) If giving a direction in writing, the transport safety officer must ensure that the direction—\n\n(a) states the period within which it is to be complied with; and\n\n(b) states that it is an offence under this Act to fail to comply with a direction.\n\n(4) A written direction may be given to, or sent by post to, the person to whom it is directed.\n\n","sortOrder":54},{"sectionNumber":"45","sectionType":"section","heading":"Directions may be given under more than one provision","content":"\t45 Directions may be given under more than one provision\n\n(1) A transport safety officer may, on the same occasion, give directions under one or more provisions of this Part.\n\n(2) Without limiting subsection (1), a transport safety officer, in the course of exercising powers under a provision of this Part, may do either or both of the following—\n\n(a) give further directions under the provision;\n\n(b) give further directions under one or more other provisions of this Part.\n\nDivision 7—Other matters\n\nS. 46 amended by No. 41/2019 s. 46(a).\n\n","sortOrder":55},{"sectionNumber":"46","sectionType":"section","heading":"Residential premises","content":"\t46 Residential premises\n\nDespite anything else in this Part, the powers of a transport safety officer under this Part in relation to entering a place or bus or boarding a vessel are not exercisable in respect of any part of the place, bus or vessel that are residential premises except—\n\n(a) with the consent of—\n\n(i) the person with control or management of the residential premises; or\n\n(ii) a person at the premises; or\n\n(iii) a resident of the premises; or\n\n(b) under the authority conferred by a search warrant; or\n\nS. 46(c) amended by No. 41/2019 s. 46(b).\n\n(c) for the sole purpose of gaining access to suspected bus premises, but only—\n\n(i) if the officer reasonably believes that no reasonable alternative access is available; and\n\nS. 46(c)(ii) amended by No. 41/2019 s. 46(c).\n\n(ii) at a reasonable time, having regard to the times at which the officer believes bus safety  work is being carried out at the premises to which access is sought.\n\nS. 47 amended by Nos 41/2019 s. 47, 25/2025 s. 68.\n\n","sortOrder":56},{"sectionNumber":"47","sectionType":"section","heading":"Use of force","content":"\t47 Use of force\n\nA power conferred under this Part to enter a place or bus or board a vessel, or to do anything in or on that place or on that bus or vessel, may not be exercised unless the transport safety officer or a person assisting a transport safety officer proposing to exercise the power, uses no more force than is reasonably necessary to effect the entry or boarding or to do the thing for which the entry or boarding is effected.\n\nS. 48 amended by No. 25/2025 s. 69.\n\n","sortOrder":57},{"sectionNumber":"48","sectionType":"section","heading":"Power to use force against persons to be exercised only by police officers","content":"\t48 Power to use force against persons to be exercised only by police officers\n\nA provision in this Part that authorises a person to use reasonable force does not authorise a person who is not a police officer to use force against another person.\n\n","sortOrder":58},{"sectionNumber":"49","sectionType":"section","heading":"Manner in which transport safety officers must exercise powers","content":"\t49 Manner in which transport safety officers must exercise powers\n\nIn exercising powers under this Part, a transport safety officer must—\n\n(a) cause as little inconvenience as possible; and\n\nS. 49(b) amended by No. 41/2019 s. 48.\n\n(b) not remain at any place or on a bus or vessel any longer than is reasonably necessary.\n\nPt 2A (Headings and ss 49A–49ZZG) inserted by No. 25/2025 s. 70.\n\n","sortOrder":59},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Investigatory powers—Chief Investigator, Transport Safety","content":"Part 2A—Investigatory powers—Chief Investigator, Transport Safety\n\nDivision 1—Object\n\nS. 49A inserted by No. 25/2025 s. 70.\n\n","sortOrder":60},{"sectionNumber":"49A","sectionType":"section","heading":"Object","content":"\t49A Object\n\nThe object of this Part is to improve public transport and marine safety by providing for the independent investigation of public transport safety matters and marine safety matters by the Chief Investigator, Transport Safety.\n\nSee section 181 of the **Transport Integration Act 2010**.\n\nDivision 2—Entry and boarding\n\nS. 49B inserted by No. 25/2025 s. 70.\n\n","sortOrder":61},{"sectionNumber":"49B","sectionType":"section","heading":"Entry into public transport premises, marine premises, rolling stock or bus or boarding vessel","content":"\t49B Entry into public transport premises, marine premises, rolling stock or bus or boarding vessel\n\n(1) The Chief Investigator, for the purpose of carrying out an investigation into a public transport safety matter or marine safety matter, may at any time—\n\n(a) enter a place that is, or that the Chief Investigator reasonably suspects is—\n\n(i) public transport premises; or\n\n(ii) marine premises; or\n\n(b) enter rolling stock or a bus while it is in use; or\n\n(c) board a vessel while it is in use.\n\n(2) If the Chief Investigator enters a place under subsection (1) and it is not public transport premises or marine premises, the Chief Investigator must leave the place immediately.\n\n(3) An entry or boarding may be made under subsection (1) with or without the consent of the person with control or management of the place, rolling stock, bus or vessel.\n\n(4) If the Chief Investigator exercises a power of entry or boarding under this section without the owner or occupier of the public transport premises or marine premises or adjoining place or person with the control or management of the rolling stock, bus or vessel being present, the Chief Investigator must, on leaving the premises, place, rolling stock, bus or vessel, leave a notice setting out—\n\n(a) the time of entry; and\n\n(b) the purpose of entry; and\n\n(c) a description of things done while on the premises, rolling stock, bus or vessel; and\n\n(d) the time of departure; and\n\n(e) the procedure for contacting the Chief Investigator for further details of the entry or boarding.\n\n(5) The Chief Investigator may also enter any place, rolling stock or bus or board a vessel if the entry or boarding is authorised by a search warrant. Subsection (4) does not apply in respect of that kind of entry.\n\nS. 49C inserted by No. 25/2025 s. 70.\n\n","sortOrder":62},{"sectionNumber":"49C","sectionType":"section","heading":"Notification of entry","content":"\t49C Notification of entry\n\n(1) The Chief Investigator may enter a place, rolling stock or bus or board a vessel under section 49B without prior notice to any person.\n\n(2) The Chief Investigator must, as soon as practicable after entry to a place that is, or that the Chief Investigator reasonably suspects is, public transport premises or marine premises take all reasonable steps to notify the person with control or management of the premises of the Chief Investigator's entry.\n\n(3) The Chief Investigator must, as soon as practicable after entering rolling stock or a bus or boarding a vessel, take all reasonable steps to notify the operator and driver of the rolling stock or bus or master of the vessel of the Chief Investigator's entry or boarding.\n\n(4) However, the Chief Investigator is not required to notify any person if to do so would—\n\n(a) defeat the purpose for which the place, rolling stock or bus was entered or the vessel was boarded; or\n\n(b) cause unreasonable delay.\n\nDivision 3—Powers on entry and boarding\n\nS. 49D inserted by No. 25/2025 s. 70.\n\n","sortOrder":63},{"sectionNumber":"49D","sectionType":"section","heading":"General powers on entry or boarding","content":"\t49D General powers on entry or boarding\n\n(1) If the Chief Investigator enters public transport premises or marine premises or rolling stock or bus or boards a vessel under section 49B, the Chief Investigator may do any of the following—\n\n(a) search, inspect and examine the premises, rolling stock, bus or vessel;\n\n(b) make inquiries at the premises or on the rolling stock, bus or vessel;\n\n(c) inspect, examine or copy any thing (including a document) at the premises or on the rolling stock, bus or vessel;\n\n(d) bring to the premises or onto the rolling stock, bus or vessel, and use at the premises or on the rolling stock, bus or vessel, any equipment or materials that may be required;\n\n(e) enter or open, using reasonable force—\n\n(i) rail infrastructure, a road vehicle or other thing at the railway premises; or\n\n(ii) the rolling stock, bus or vessel or a thing on the rolling stock bus or vessel—\n\nto examine the infrastructure, rolling stock, road vehicle, bus, vessel or other thing;\n\n(f) take measurements, make surveys and take levels at the premises and, for those purposes, dig trenches, break up the soil and set up any posts, stakes or markers at the premises;\n\n(g) conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings)—\n\n(i) at the premises or on or of any road vehicle at the premises; or\n\n(ii) on or of rolling stock or a bus or vessel;\n\n(h) mark, tag or otherwise identify—\n\n(i) a road vehicle or other thing at the premises; or\n\n(ii) rolling stock or a bus or vessel or a thing on the rolling stock, bus or vessel;\n\n(i) seize any thing (including a document)—\n\n(i) at the premises or in a road vehicle at the premises; or\n\n(ii) on the rolling stock, bus or vessel—\n\nif the Chief Investigator reasonably believes that the seizure of the thing is necessary for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter;\n\n(j) seize any thing at the premises or on the rolling stock, bus or vessel if the Chief Investigator believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction;\n\n(k) take and remove for analysis, testing or examination a sample of any substance or thing from the premises or the rolling stock, bus or vessel without paying for it;\n\n(l) require the following persons to give the Chief Investigator reasonable help to exercise the Chief Investigator's powers under paragraphs (a) to (k)—\n\n(i) a person at the public transport premises or marine premises;\n\n(ii) a rail safety worker at railway premises or on rolling stock;\n\n(iii) the driver of the bus;\n\n(iv) the master or a member of the crew of the vessel;\n\n(m) exercise any power that is reasonably necessary to be exercised by the Chief Investigator for the purposes of an investigation into a public transport safety matter or a marine safety matter.\n\n(2) A person required to give reasonable help under subsection (1)(l) must not, without reasonable excuse, fail to comply with the requirement.\n\nPenalty: In the case of a natural person, 60 penalty units;\n\nIn the case of a body corporate, 300 penalty units.\n\n(3) In this section—\n\n***reasonable help*** includes—\n\n(a) assistance to enable the Chief Investigator to find and gain access to electronically stored material and information at the public transport premises or marine premises or on the rolling stock, bus or vessel; and\n\n(b) unloading rolling stock at the public transport premises; and\n\n(c) running the engine of—\n\n(i) a locomotive at the public transport premises; or\n\n(ii) the bus; and\n\n(d) operating the vessel; and\n\n(e) driving a train, tram or bus; and\n\n(f) giving the Chief Investigator assistance to enter any rail infrastructure or any part of rail infrastructure, or open rolling stock or any part of rolling stock, at the public transport premises.\n\nS. 49E inserted by No. 25/2025 s. 70.\n\n","sortOrder":64},{"sectionNumber":"49E","sectionType":"section","heading":"Directions powers as to operation and movement of rolling stock and vehicles","content":"\t49E Directions powers as to operation and movement of rolling stock and vehicles\n\n(1) If the Chief Investigator enters public transport premises, rolling stock or a bus under section 49B, the Chief Investigator may give a direction to any person at the premises or on the rolling stock or bus that relates to the stopping or movement of—\n\n(a) any road vehicle at the premises; or\n\n(b) the rolling stock or bus.\n\n(2) A person must not refuse or fail to comply with a direction under subsection (1) unless the person has a reasonable excuse.\n\nS. 49F inserted by No. 25/2025 s. 70.\n\n","sortOrder":65},{"sectionNumber":"49F","sectionType":"section","heading":"Directions powers in relation to vessels","content":"\t49F Directions powers in relation to vessels\n\n(1) If the Chief Investigator enters marine premises or boards, or proposes to board, a vessel under section 49B, the Chief Investigator may direct the master of a vessel or the person operating a vessel to do anything necessary to enable the effective and safe detention of the vessel.\n\n(2) The Chief Investigator, for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter, may direct the master of the vessel, or person operating the vessel, to—\n\n(a) stop the vessel; or\n\n(b) manoeuvre the vessel in a specified manner or to a specified place; or\n\n(c) secure the vessel in a specified manner; or\n\n(d) produce, for inspection, equipment specified in the direction.\n\nA direction under subsection (2) may be a direction to manoeuvre the vessel to a berth.\n\n(3) A person must not refuse or fail to comply with a direction under subsection (1) or (2) unless the person has a reasonable excuse.\n\nS. 49G inserted by No. 25/2025 s. 70.\n\n","sortOrder":66},{"sectionNumber":"49G","sectionType":"section","heading":"Detention of vessels for 48 hours","content":"\t49G Detention of vessels for 48 hours\n\nIf the Chief Investigator boards a vessel under section 49B, the Chief Investigator may detain the vessel for so long as is necessary (but no longer than 48 hours) for the purposes of exercising a power under section 49D.\n\nS. 49H inserted by No. 25/2025 s. 70.\n\n","sortOrder":67},{"sectionNumber":"49H","sectionType":"section","heading":"Magistrates' Court may extend period of detention of vessel","content":"\t49H Magistrates' Court may extend period of detention of vessel\n\n(1) The Chief Investigator may apply to the Magistrates' Court for an extension of the period a vessel has been detained under section 49G.\n\n(2) An application must be made within the maximum 48 hour detention period permitted under section 49G or within a period extended by the Court under this section.\n\n(3) The Magistrates' Court may order such an extension if satisfied that the continued detention of a vessel is necessary—\n\n(a) for the purposes of an investigation into a marine safety matter; or\n\n(b) because the vessel is, or is likely to be, required for the purposes of an investigation into a marine safety matter.\n\n(4) The Court may adjourn an application to enable notice of the application to be given to any person.\n\nS. 49I inserted by No. 25/2025 s. 70.\n\n","sortOrder":68},{"sectionNumber":"49I","sectionType":"section","heading":"Persons assisting the Chief Investigator","content":"\t49I Persons assisting the Chief Investigator\n\n(1) A person (the ***assistant***), including an interpreter, may accompany the Chief Investigator in entering public transport premises or marine premises or other place, or rolling stock or bus or boarding a vessel under this Part to assist the Chief Investigator if the Chief Investigator considers the assistance necessary.\n\n(2) The assistant—\n\n(a) may do such things at the premises or place or on the rolling stock, bus or vessel and in such manner as the Chief Investigator reasonably requires to assist the Chief Investigator in the exercise of the Chief Investigator's powers under this Part; but\n\n(b) must not do anything that the Chief Investigator does not have power to do, except as permitted under a search warrant.\n\n(3) Anything done lawfully by the assistant is taken for all purposes to have been done by the Chief Investigator.\n\nS. 49J inserted by No. 25/2025 s. 70.\n\n","sortOrder":69},{"sectionNumber":"49J","sectionType":"section","heading":"Use of electronic equipment","content":"\t49J Use of electronic equipment\n\n(1) Without limiting section 49D, if—\n\n(a) a thing found at searchable premises or on a searchable rolling stock, bus or vessel is, or includes, a disk, tape or other device for the storage, receipt or transmission of information; and\n\n(b) the equipment at searchable premises or on a searchable rolling stock, bus or vessel, may be used with the disk, tape or other device—\n\nthe Chief Investigator, or a person assisting the Chief Investigator, may operate the equipment to access the information.\n\n(2) If the Chief Investigator, or a person assisting the Chief Investigator, finds that a disk, tape, or other device for the storage, receipt or transmission of information at searchable premises or on a searchable rolling stock, bus or vessel contains information the Chief Investigator believes on reasonable grounds is relevant to an investigation into a public transport safety matter or marine safety matter, the Chief Investigator or person assisting the Chief Investigator may—\n\n(a) put the information in documentary form and seize the documents so produced; or\n\n(b) copy the information to another disk, tape or other storage device and remove that storage device from the searchable premises or searchable rolling stock, bus or vessel; or\n\n(c) if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.\n\n(3) The Chief Investigator, or a person assisting the Chief Investigator, must not operate or seize equipment for the purpose mentioned in this section unless the Chief Investigator or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.\n\n***information***  has the same meaning as in the **Electronic Transactions (Victoria) Act 2000**.\n\nS. 49K inserted by No. 25/2025 s. 70.\n\n","sortOrder":70},{"sectionNumber":"49K","sectionType":"section","heading":"Use of equipment to examine or process things","content":"\t49K Use of equipment to examine or process things\n\n(1) Without limiting section 49D, the Chief Investigator, in exercising a power under this Part, may bring to, onto, or into searchable premises or a searchable rolling stock, bus or vessel any equipment reasonably necessary for the examination or processing of things found at the premises or on or in the rolling stock, bus or vessel in order to determine whether they are things that may be seized.\n\n(2) The Chief Investigator, or a person assisting the Chief Investigator, may operate equipment already at searchable premises or on a searchable rolling stock, bus or vessel to carry out the examination or processing of a thing found in or at the premises or on or in the rolling stock, bus or vessel in order to determine whether it is a thing that may be seized, if the Chief Investigator or person assisting believes on reasonable grounds that—\n\n(a) the equipment is suitable for the examination or the processing; and\n\n(b) the examination or processing can be carried out without damage to the equipment.\n\nS. 49L inserted by No. 25/2025 s. 70.\n\n","sortOrder":71},{"sectionNumber":"49L","sectionType":"section","heading":"Securing a site or restricting access to rolling stock, bus or vessel","content":"\t49L Securing a site or restricting access to rolling stock, bus or vessel\n\n(1) For the purpose of protecting evidence that might be relevant for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter, the Chief Investigator or a police officer may—\n\n(a) secure the perimeter of any site at any place; or\n\n(b) restrict access to rolling stock, a bus or vessel.\n\n(2) The Chief Investigator or a police officer may secure the perimeter of a site or restrict access to rolling stock, a bus or vessel under subsection (1) by whatever means the Chief Investigator or the police officer considers appropriate.\n\n(3) A person must not, without the permission of the Chief Investigator or a police officer—\n\n(a) enter or remain at a site the perimeter of which is secured under this section; or\n\n(b) enter or board or remain on rolling stock, a bus or vessel access to which has been restricted under this section.\n\n(4) Subsection (3) does not apply if the person—\n\n(a) enters or remains at the site or enters or boards or remains on the rolling stock, bus or vessel to ensure the safety of persons; or\n\n(b) enters or remains at the site or enters or boards or remains on the rolling stock, bus or vessel to remove deceased persons or animals from the site or bus or vessel; or\n\n(c) enters or remains at the site to move a road vehicle, or the wreckage of a road vehicle, to a safe place; or\n\n(d) enters or remains at the site or enters or boards or remains on the rolling stock, bus or vessel to protect the environment from significant damage or pollution.\n\n(5) The Chief Investigator or a police officer must not unreasonably withhold a permission referred to in subsection (3).\n\nS. 49M inserted by No. 25/2025 s. 70.\n\n","sortOrder":72},{"sectionNumber":"49M","sectionType":"section","heading":"Directions for the protection of evidence","content":"\t49M Directions for the protection of evidence\n\n(1) For the purpose of protecting evidence that might be relevant for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter, the Chief Investigator may direct the person in control of a specified thing or class of specified things that the specified thing, or class of specified things, must not be removed or interfered with except with the permission of the Chief Investigator.\n\n(2) A person must not fail or refuse to comply with a direction under subsection (1).\n\n(3) Subsection (2) does not apply if the conduct concerned was necessary—\n\n(a) to ensure the safety of persons, animals or property; or\n\n(b) for the movement of deceased persons or animals; or\n\n(c) to move rolling stock or a bus, or the wreckage of rolling stock or a bus, to a safe place; or\n\n(d) to protect the environment from significant damage or pollution.\n\n(4) The Chief Investigator must not unreasonably withhold the Chief Investigator's permission under subsection (1).\n\n***in control***, in relation to a thing or a specified class of things, means having, or reasonably appearing to the Chief Investigator as having, authority to exercise control over the thing or specified class of things.\n\nDivision 4—Search warrants\n\nS. 49N inserted by No. 25/2025 s. 70.\n\n","sortOrder":73},{"sectionNumber":"49N","sectionType":"section","heading":"Search warrants","content":"\t49N Search warrants\n\n(1) The Chief Investigator may apply to a magistrate for a search warrant for a place, rolling stock, a bus or vessel.\n\n(2) The magistrate may refuse to consider the application until the Chief Investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\n\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n\n(3) The magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\n\n(a) there is a particular thing or activity (the ***evidence***) that may be significant to an investigation into a public transport safety matter or a marine safety matter; and\n\n(b) the evidence is, or may be within the next 72 hours, at the place or on the rolling stock or on the bus or vessel.\n\n(4) The search warrant must state—\n\n(a) that the Chief Investigator may, with necessary and reasonable help and force, enter the place, rolling stock or bus, or board the vessel, and exercise the powers of the Chief Investigator; and\n\n(b) a brief description of the investigation in respect of which the warrant is sought; and\n\n(c) the evidence that may be seized under the search warrant; and\n\n(d) the hours of the day or night when the place, rolling stock or bus may be entered or vessel may be boarded; and\n\n(e) the date, within 7 days after the search warrant's issue, the search warrant ends.\n\n(5) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the form set out in the rules of court under that Act.\n\n(6) Despite section 78 of the **Magistrates' Court Act 1989**, a search warrant must not authorise the Chief Investigator to arrest a person.\n\n(7) Subject to any provision to the contrary in this Division, the rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to warrants under this section.\n\nS. 49O inserted by No. 25/2025 s. 70.\n\n","sortOrder":74},{"sectionNumber":"49O","sectionType":"section","heading":"Seizure of things not mentioned in the warrant","content":"\t49O Seizure of things not mentioned in the warrant\n\nA search warrant authorises the Chief Investigator, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if—\n\n(a) the Chief Investigator believes, on reasonable grounds, that the thing—\n\n(i) is of a kind which could have been included in a warrant issued under this Part; or\n\n(ii) is of significance to an investigation into a public transport safety matter or a marine safety matter; and\n\n(b) the Chief Investigator believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction.\n\nS. 49P inserted by No. 25/2025 s. 70.\n\n","sortOrder":75},{"sectionNumber":"49P","sectionType":"section","heading":"Announcement before entry or boarding on warrant","content":"\t49P Announcement before entry or boarding on warrant\n\n(1) Before executing a search warrant, the Chief Investigator or an assistant to the Chief Investigator must—\n\n(a) announce that the Chief Investigator is authorised by the warrant to enter the place, rolling stock or bus or board the vessel; and\n\n(b) give any person at the place or on the rolling stock, bus or vessel an opportunity to allow that entry or boarding.\n\n(2) However, the Chief Investigator or an assistant to the Chief Investigator need not comply with subsection (1) if they believe on reasonable grounds that immediate entry to the place, or into the rolling stock or bus, or boarding of the vessel is needed to ensure—\n\n(a) the safety of any person; or\n\n(b) that the effective execution of the warrant is not frustrated.\n\nS. 49Q inserted by No. 25/2025 s. 70.\n\n","sortOrder":76},{"sectionNumber":"49Q","sectionType":"section","heading":"Copy of warrant to be given to person with control or management of place, rolling stock, bus or vessel","content":"\t49Q Copy of warrant to be given to person with control or management of place, rolling stock, bus or vessel\n\nIf the person who has, or appears to have, control or management of a place, rolling stock, a bus or vessel is present at the place or on the rolling stock, bus or vessel when a search warrant is being executed, the Chief Investigator must—\n\n(a) produce the Chief Investigator's photo identification to that person for inspection; and\n\n(b) give that person a copy of the warrant.\n\nDivision 5—Other related investigatory powers\n\nS. 49R inserted by No. 25/2025 s. 70.\n\n","sortOrder":77},{"sectionNumber":"49R","sectionType":"section","heading":"Power to require production of documents and related items","content":"\t49R Power to require production of documents and related items\n\n(1) The Chief Investigator may, for the purposes of an investigation into a public transport safety matter or a marine safety matter, direct a specified person to provide to the Chief Investigator—\n\n(a) any document required to be kept under a relevant transport safety or infrastructure law; and\n\n(b) any documents, devices or other things in the specified person's possession or control relating to—\n\n(i) the provision of bus services; or\n\n(ii) railway operations; or\n\n(iii) marine operations; and\n\n(c) any document that the Chief Investigator believes on reasonable grounds may contain information that is relevant for the purposes of the investigation into the transport safety matter or marine safety matter.\n\n(2) The direction must state where and to whom the documents, devices or other things are to be produced.\n\n(3) In giving a direction, the Chief Investigator may specify particular documents, devices or other things, or particular classes of documents, devices or other things.\n\n(4) The Chief Investigator may do any or all of the following—\n\n(a) inspect any documents, devices or other things that are produced;\n\n(b) copy any documents, devices or other things that are produced;\n\n(c) seize and remove any documents, devices or other things that are produced that the Chief Investigator believes on reasonable grounds are significant for the purposes of the investigation into the public transport safety matter or marine safety matter.\n\n(5) A person must not, without reasonable excuse, fail to comply with a requirement under this section.\n\nPenalty: In the case of a natural person, 20 penalty units;\n\nIn the case of a body corporate, 100 penalty units.\n\nS. 49S inserted by No. 25/2025 s. 70.\n\n","sortOrder":78},{"sectionNumber":"49S","sectionType":"section","heading":"Power to require persons to attend and answer questions","content":"\t49S Power to require persons to attend and answer questions\n\n(1) If the Chief Investigator considers it necessary for the purposes of an investigation into a public transport safety matter or a marine safety matter, the Chief Investigator may require a person to attend before the Chief Investigator and answer questions asked by the Chief Investigator relating to matters relevant to the investigation.\n\n(2) The requirement under subsection (1) must be by notice in writing.\n\n(3) The notice must—\n\n(a) be signed by the Chief Investigator; and\n\n(b) specify the time and place at which the person is required to attend before the Chief Investigator.\n\n(4) The time specified in the notice must be reasonable having regard to the circumstances.\n\n(5) When a person attends before the Chief Investigator under this section, the Chief Investigator may require the questions to be answered on oath or affirmation.\n\n(6) For the purposes of subsection (5), the Chief Investigator may administer an oath or affirmation.\n\n(7) A person of whom a requirement is made under this section must not—\n\n(a) fail to attend before the Chief Investigator in accordance with the requirement; or\n\n(b) refuse to take an oath or make an affirmation when required by the Chief Investigator to do so; or\n\n(c) refuse or fail to answer a question lawfully asked of the person by the Chief Investigator.\n\nPenalty: 30 penalty units.\n\n(8) A person who attends before the Chief Investigator in accordance with a requirement under this section is entitled to be paid, in relation to that attendance, fees or allowances fixed by or calculated in accordance with an Order made by the Governor in Council for the purposes of this section.\n\nS. 49T inserted by No. 25/2025 s. 70.\n\n","sortOrder":79},{"sectionNumber":"49T","sectionType":"section","heading":"Abrogation of privilege against self‑incrimination","content":"\t49T Abrogation of privilege against self‑incrimination\n\n(1) A person is not excused from answering a question or providing information or a document under this Part on the ground that the answer to the question, or the information or document, may tend to incriminate the person or expose the person to a penalty.\n\n(2) However—\n\n(a) any answer to a question or information or a document provided by a person under this Part is not admissible as evidence against that person in a criminal proceeding or a proceeding for the imposition of a civil penalty other than—\n\n(i) a proceeding arising out of the false or misleading nature of the answer, information or document; or\n\n(ii) a proceeding in respect of an offence against section 49S; and\n\n(b) any information provided or document obtained as a direct result or indirect consequence of the answer, information or document being provided by a natural person under a requirement or direction under this Part is not admissible as evidence against that person in a criminal proceeding or a proceeding for the imposition of a civil penalty other than a proceeding arising out of the false and misleading nature of the answer, information or document.\n\nS. 49U inserted by No. 25/2025 s. 70.\n\n","sortOrder":80},{"sectionNumber":"49U","sectionType":"section","heading":"Warning to be given","content":"\t49U Warning to be given\n\nBefore requiring a person to answer a question or provide information or a document under this Part, the Chief Investigator must—\n\n(a) warn the person that failure to comply with the requirement or to answer the question may constitute an offence; and\n\nSee sections 49D(2), 49R(6) and 49S(7).\n\n(b) warn the person about the effect of section 49T; and\n\n(c) advise the person about the effect of section 127.\n\nSee also section 49ZR.\n\nS. 49V inserted by No. 25/2025 s. 70.\n\n","sortOrder":81},{"sectionNumber":"49V","sectionType":"section","heading":"Refusal on self-incrimination grounds not offence if warning not given","content":"\t49V Refusal on self-incrimination grounds not offence if warning not given\n\nIt is not an offence for a natural person to refuse to answer a question put by the Chief Investigator or provide information or a document to the Chief Investigator under this Part on the ground that the question, information or document might tend to incriminate the person, unless the person was first given the warning under section 49U(a).\n\nS. 49W inserted by No. 25/2025 s. 70.\n\n","sortOrder":82},{"sectionNumber":"49W","sectionType":"section","heading":"Power to copy and retain documents","content":"\t49W Power to copy and retain documents\n\nThe Chief Investigator may—\n\n(a) make copies of, or take extracts from, a document given to the Chief Investigator in accordance with a requirement under a transport safety or infrastructure law or seized under this Part; and\n\n(b) keep that document for the period that the Chief Investigator considers necessary.\n\nS. 49X inserted by No. 25/2025 s. 70.\n\n","sortOrder":83},{"sectionNumber":"49X","sectionType":"section","heading":"Inspecting and copying documents in custody of the Chief Investigator under this Part","content":"\t49X Inspecting and copying documents in custody of the Chief Investigator under this Part\n\nWhile the Chief Investigator retains custody of a document, the Chief Investigator must permit the following persons to inspect or make copies of the document at all reasonable times—\n\n(a) the person who produced the document;\n\n(b) the owner of the document;\n\n(c) a person authorised by a person referred to in paragraph (a) or (b).\n\nS. 49Y inserted by No. 25/2025 s. 70.\n\n","sortOrder":84},{"sectionNumber":"49Y","sectionType":"section","heading":"Securing seized things","content":"\t49Y Securing seized things\n\nOn seizing a thing under this Part, the Chief Investigator may—\n\n(a) move the thing from the public transport premises, marine premises, place, rolling stock, bus or vessel where it was seized (the ***place of seizure***); or\n\n(b) leave the thing at the place of seizure but take steps to restrict access to it; or\n\n(c) in relation to equipment that is seized, make the equipment inoperable.\n\nS. 49Z inserted by No. 25/2025 s. 70.\n\n","sortOrder":85},{"sectionNumber":"49Z","sectionType":"section","heading":"Offence to tamper with seized thing","content":"\t49Z Offence to tamper with seized thing\n\n(1)  If the Chief Investigator restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without the Chief Investigator's permission.\n\n(2) If the Chief Investigator makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without the Chief Investigator's permission.\n\nS. 49ZA inserted by No. 25/2025 s. 70.\n\n\t49ZA Directions relating to seizure\n\n(1) To enable a thing to be seized under this Part, the Chief Investigator may direct the person in control of it—\n\n(a) to take it to a specified place within a specified time; and\n\n(b) if necessary, to remain in control of it at the specified place for a period specified in the direction.\n\n(2) A direction under subsection (1)—\n\n(a) must be given by signed written notice given to the person; or\n\n(b) if for any reason it is not practicable to give signed written notice to the person—may be given orally and confirmed by signed written notice given to the person as soon as is practicable.\n\n(3) A further direction may be made under this section about the thing if it is necessary and reasonable to make the further direction.\n\nA further direction may (for example) be that the thing be transported during stated off-peak hours, be transported along a particular route, or be transported in a particular way.\n\n(4) A person given a direction under subsection (1) or (3) must comply with that direction unless the person has a reasonable excuse.\n\n(5) Without limiting what may otherwise be a reasonable excuse under subsection (4), it is a reasonable excuse for a person in control of a thing not to comply with a direction under subsection (1) or (3) if, in all the circumstances, the direction was unreasonable.\n\n(6) The cost of complying with a direction under subsection (1) or (3) must be borne by the person.\n\n(7) In this section—\n\n***in control***, in relation to a thing, means having, or reasonably appearing to the Chief Investigator as having, authority to exercise control over the thing.\n\nS. 49ZB inserted by No. 25/2025 s. 70.\n\n\t49ZB Chief Investigator may direct a thing's return\n\n(1) If the Chief Investigator has directed a person to take a thing to a specified place within a specified time under section 49ZA(1), the Chief Investigator may direct the person to return the thing to the place from which it was taken.\n\n(2) A person given a direction under subsection (1) must comply with that direction unless the person has a reasonable excuse.\n\n(3) Without limiting what may otherwise be a reasonable excuse under subsection (2), it is a reasonable excuse for a person not to comply with a direction under subsection (1) if, in all the circumstances, the direction was unreasonable.\n\n(4) The cost of complying with a direction under subsection (1) must be borne by the person.\n\nS. 49ZC inserted by No. 25/2025 s. 70.\n\n\t49ZC Receipt for seized things\n\n(1) After the Chief Investigator seizes a thing under this Part, the Chief Investigator must give a receipt for it to the person from whom the thing was seized or the owner of the thing.\n\n(2) However, if for any reason it is not practicable to comply with subsection (1), the Chief Investigator must leave the receipt in a conspicuous position and in a reasonably secure way—\n\n(a) at the place of seizure; or\n\n(b) if the thing was seized from rolling stock, a bus or vessel, on the rolling stock, bus or vessel.\n\n(3) The receipt must describe generally the thing seized and its condition.\n\n(4) This section does not apply if it would be impracticable or unreasonable to expect the Chief Investigator to account for the thing, given its condition, nature and value.\n\nS. 49ZD inserted by No. 25/2025 s. 70.\n\n\t49ZD Copies of certain seized things to be given\n\n(1) If, under this Part, the Chief Investigator seizes—\n\n(a) a document; or\n\n(b) a thing that can be readily copied; or\n\n(c) a storage device containing information that can be readily copied—\n\nthe Chief Investigator must give a copy of the thing or information to the owner or custodian of the document, thing or device as soon as practicable after the seizure.\n\n(a) to any document, thing or device moved under section 49Y(a) or 49ZA; or\n\n(b) if the Chief Investigator is unable to discover the identity of the owner or custodian of any document, thing or device seized.\n\nS. 49ZE inserted by No. 25/2025 s. 70.\n\n\t49ZE Forfeiture of seized things\n\n(1) A thing seized under this Part is forfeited to the State if the Chief Investigator—\n\n(a) cannot find the person entitled to the thing after making reasonable inquiries; or\n\n(b) cannot return it to the person entitled to it, after making reasonable efforts; or\n\n(c) reasonably believes it is necessary to forfeit the thing for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter.\n\n(2) Subsection (1)(a) does not require the Chief Investigator to make inquiries if it would be unreasonable to make inquiries to find the person entitled to the thing.\n\n(3) Subsection (1)(b) does not require the Chief Investigator to make efforts if it would be unreasonable to make efforts to return the thing to the person entitled to it.\n\n(4) If the Chief Investigator decides to forfeit the thing under subsection (1)(c), the Chief Investigator must tell the person entitled to the thing of the decision by written notice.\n\n(5) Subsection (4) does not apply if—\n\n(a) the Chief Investigator cannot find the person entitled to the thing after making reasonable inquiries; or\n\n(b) it is impracticable or would be unreasonable to give the notice.\n\n(6) The notice must state—\n\n(a) the reasons for the decision; and\n\n(b) information about the right of review under Part 5.\n\n(7) In deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing's nature, condition and value.\n\n(8) Any costs reasonably incurred by the Chief Investigator in storing or disposing of a thing forfeited under subsection (1)(c) may be recovered in a court of competent jurisdiction as a debt due to the Chief Investigator from the person entitled.\n\n(9) In this section—\n\n***person entitled*** to a thing means the person from whom it was seized unless that person is not entitled to possess it in which case it means the owner of the thing.\n\nS. 49ZF inserted by No. 25/2025 s. 70.\n\n\t49ZF Return of seized things\n\n(1) If a seized thing has not been forfeited under this Part, the person entitled to the thing may apply to the Chief Investigator for the return of the thing after the end of 6 months after it was seized.\n\n(2) The Chief Investigator must return the thing to the applicant under subsection (1) unless the Chief Investigator has reasonable grounds to retain the thing.\n\n(3) For the purposes of subsection (2), a reasonable ground to retain the thing is for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter.\n\n(4) The Chief Investigator may impose any conditions on the return of the thing under this section that the Chief Investigator considers appropriate to eliminate or minimise any risk to safety related to the thing.\n\n***person entitled*** to a thing means the person entitled to possess the thing or the owner of the thing.\n\nS. 49ZG inserted by No. 25/2025 s. 70.\n\n\t49ZG Access to seized thing\n\n(1) Until a thing seized under this Part is forfeited or returned under this Part, the Chief Investigator must allow its owner to inspect it and, if it is a document, to copy it.\n\n(2) Subsection (1) does not apply if it is impracticable or it would be unreasonable to allow the inspection or copying.\n\nDivision 6—Damage and compensation\n\nS. 49ZH inserted by No. 25/2025 s. 70.\n\n\t49ZH Damage etc to be minimised\n\nIn the exercise, or purported exercise, of a power under this Part, the Chief Investigator must take all reasonable steps to ensure that the Chief Investigator, and any assistant to the Chief Investigator, cause as little inconvenience, detriment and damage as is practicable.\n\nS. 49ZI inserted by No. 25/2025 s. 70.\n\n\t49ZI Chief Investigator to give notice of damage\n\n(1) This section applies if the Chief Investigator or an assistant to the Chief Investigator damages a thing when exercising or purporting to exercise a power under this Part.\n\n(2) The Chief Investigator must, as soon as practicable, give written notice of the damage to the person whom the Chief Investigator believes on reasonable grounds is the person in control of the thing.\n\n(3) If the Chief Investigator believes the damage was caused by a latent defect in the thing or circumstances beyond the Chief Investigator's or assistant's control, the Chief Investigator may state it in the notice.\n\n(4) If, for any reason, it is impracticable to comply with subsection (2), the Chief Investigator must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n\n(5) This section does not apply to damage the Chief Investigator reasonably believes is trivial.\n\nS. 49ZJ inserted by No. 25/2025 s. 70.\n\n\t49ZJ Compensation\n\n(1) A person may claim compensation from the Chief Investigator if the person incurs damage because of the exercise or purported exercise of a power under this Part.\n\n(2) In determining the amount of compensation payable in relation to any damage caused to electronic equipment, regard is to be had to whether the occupier of the public transport premises or marine premises and the employees and agents of the occupier, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.\n\nS. 49ZK inserted by No. 25/2025 s. 70.\n\n\t49ZK Limits on compensation\n\nThe Chief Investigator is not liable to pay compensation to a person for any damage caused during any inspection or search conducted under this Part, or under a search warrant executed in accordance with this Part, if the damage caused was no more than was reasonably necessary in inspecting, or searching for, the thing.\n\nS. 49ZL inserted by No. 25/2025 s. 70.\n\n\t49ZL Compensation may be claimed as part of a court proceeding\n\n(1) Compensation may be claimed and ordered in a proceeding commenced in a court of competent jurisdiction.\n\n(2) The court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n\n(3) The regulations may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n\nDivision 7—Directions powers\n\nS. 49ZM inserted by No. 25/2025 s. 70.\n\n\t49ZM Chief Investigator may require name and address\n\n(1) The Chief Investigator may require a person to provide the person's name and residential address if the Chief Investigator believes, on reasonable grounds, that the person is a specified person.\n\n(2) When asking a person to provide the person's name and residential address, the Chief Investigator must—\n\n(a) tell the person the reason for the requirement to provide the person's name and residential address; and\n\n(b) warn the person that it is an offence to fail to state that name and residential address, unless the person has a reasonable excuse.\n\n(3) If the Chief Investigator reasonably believes that the name or residential address is false, the Chief Investigator may require the person to give evidence of its correctness.\n\n(4) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1) or (3).\n\nS. 49ZN inserted by No. 25/2025 s. 70.\n\n\t49ZN Direction to provide certain information\n\n(1) The Chief Investigator may direct, for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter—\n\n(a) a rail operator or a rail safety worker who is associated with particular rolling stock—\n\n(i) to state the name, home address and business address of any other person who is associated with the rolling stock; and\n\n(ii) to give any information that is within the power of the person to give that may lead to the identification of the owner or operator of the rolling stock on any occasion; or\n\n(b) a provider of a bus service or a bus safety worker who is associated with a particular bus—\n\n(i) to state the name, home address and business address of any other person who is associated with the bus; and\n\n(ii) to give any information that is within the power of the person to give that may lead to the identification of the owner or operator of the bus on any occasion; or\n\n(c) a person whom the Chief Investigator believes has information concerning the identity or location of the owner or master of a vessel to provide all the information the person has regarding the identity and location of the owner and master of the vessel.\n\n(2) A person must not refuse or fail to comply with a direction under subsection (1).\n\n(3) It is not an offence for a person to fail to comply with subsection (2) if the Chief Investigator did not inform the person, at the time the direction was made, that it is an offence to fail to comply with the direction.\n\n***associated with*** means the owner or operator of, or in charge or apparently in charge of.\n\nS. 49ZO inserted by No. 25/2025 s. 70.\n\n\t49ZO Manner in which the Chief Investigator may give directions under this Part\n\n(1) The Chief Investigator may give a direction under this Part orally or in writing.\n\n(2) If giving a direction orally, the Chief Investigator must—\n\n(a) state whether it is to be complied with immediately or within a specified period; and\n\n(b) warn the person to whom the direction is given that it is an offence under this Act to fail to comply with a direction.\n\n(3) If giving a direction in writing, the Chief Investigator must ensure that the direction—\n\n(a) states the period within which it is to be complied with; and\n\n(b) states that it is an offence under this Act to fail to comply with a direction.\n\n(4) A written direction may be given to, or sent by post to, the person to whom it is directed.\n\nS. 49ZP inserted by No. 25/2025 s. 70.\n\n\t49ZP Directions may be given under more than one provision\n\n(1) The Chief Investigator may, on the same occasion, give directions under one or more provisions of this Part.\n\n(2) Without limiting subsection (1), the Chief Investigator, in the course of exercising powers under a provision of this Part, may do either or both of the following—\n\n(a) give further directions under the provision;\n\n(b) give further directions under one or more other provisions of this Part.\n\nDivision 8—Other investigatory matters\n\nS. 49ZQ inserted by No. 25/2025 s. 70.\n\n\t49ZQ Chief Investigator to carry photo identification\n\nThe Chief Investigator must carry photo identification when exercising a power under this Part.\n\nS. 49ZR inserted by No. 25/2025 s. 70.\n\n\t49ZR Production of photo identification\n\n(1) The Chief Investigator must produce the Chief Investigator's photo identification for inspection—\n\n(a) before exercising a power under this Part; or\n\n(b) if asked to do so by any person at any time during the exercise of a power under this Part.\n\n(2) However, the Chief Investigator need not produce the Chief Investigator's photo identification when asked to do so if—\n\n(a) the Chief Investigator reasonably believes that the production of the Chief Investigator's photo identification would—\n\n(i) affect the safety or welfare of any person; or\n\n(ii) frustrate the effective exercise of a power under this Part; or\n\n(b) the request to produce the Chief Investigator's photo identification is made by a person to whom the Chief Investigator has already produced that identification on the same day.\n\n(3) Any action taken or thing done by the Chief Investigator under this Part is not invalidated if the Chief Investigator fails to produce the Chief Investigator's photo identification.\n\nS. 49ZS inserted by No. 25/2025 s. 70.\n\n\t49ZS Identity cards\n\n(1) If the Chief Investigator delegates any power conferred on the Chief Investigator by this Part to another person, the Chief Investigator must give the person an identity card that contains a photograph of the person and that identifies the person by name as a person authorised to exercise the power by the Chief Investigator.\n\n(2) If a person to whom an identity card has been issued under subsection (1) ceases to be authorised to exercise any power referred to in the identity card, the person must return the identity card to the Chief Investigator as soon as is practicable after that cessation.\n\nPenalty: 1 penalty unit.\n\nS. 49ZT inserted by No. 25/2025 s. 70.\n\n\t49ZT Residential premises\n\nDespite anything else in this Part, the powers of the Chief Investigator under this Part in relation to entering a place, rolling stock or bus or boarding a vessel are not exercisable in respect of any part of the place, rolling stock, bus or vessel that are residential premises except—\n\n(a) with the consent of—\n\n(i) the person with control or management of the residential premises; or\n\n(ii) a person at the premises; or\n\n(iii) a resident of the premises; or\n\n(b) under the authority conferred by a search warrant; or\n\n(c) for the sole purpose of gaining access to suspected public transport premises, but only—\n\n(i) if the Chief Investigator reasonably believes that no reasonable alternative access is available; and\n\n(ii) at a reasonable time, having regard to the times at which the Chief Investigator believes rail safety work or bus safety  work is being carried out at the premises to which access is sought.\n\nS. 49ZU inserted by No. 25/2025 s. 70.\n\n\t49ZU Use of force\n\nA power conferred under this Part to enter a place, rolling stock or bus or board a vessel, or to do anything in or on that place or on that rolling stock, bus or vessel, may not be exercised unless the Chief Investigator or a person assisting the Chief Investigator, uses no more force than is reasonably necessary to effect the entry or boarding or to do the thing for which the entry or boarding is effected.\n\nS. 49ZV inserted by No. 25/2025 s. 70.\n\n\t49ZV Power to use force against persons to be exercised only by police officers\n\nA provision in this Part that authorises a person to use reasonable force does not authorise a person who is not a police officer to use force against another person.\n\nS. 49ZW inserted by No. 25/2025 s. 70.\n\n\t49ZW Manner in which Chief Investigator must exercise powers\n\nIn exercising powers under this Part, the Chief Investigator must—\n\n(a) cause as little inconvenience as possible; and\n\n(b) not remain at any place or on any rolling stock, bus or vessel any longer than is reasonably necessary.\n\nS. 49ZX inserted by No. 25/2025 s. 70.\n\n\t49ZX Information given voluntarily\n\nNothing in this Part prevents the Chief Investigator from obtaining and using evidence given to the Chief Investigator voluntarily by any person.\n\nDivision 9—Reports and miscellaneous matters\n\nS. 49ZY inserted by No. 25/2025 s. 70.\n\n\t49ZY Reports to be given promptly to the Minister\n\nThe Chief Investigator must, as soon as is practicable after completing an investigation into a public transport safety matter or marine safety matter, give the Minister a report of the investigation.\n\nS. 49ZZ inserted by No. 25/2025 s. 70.\n\n\t49ZZ Consultation before report finalised\n\nBefore giving a report to the Minister under section 49ZY, the Chief Investigator must consult with—\n\n(a) Safe Transport Victoria; and\n\n(b) the Secretary; and\n\n(c) the Head, Transport for Victoria; and\n\n(d) any person or body who has assisted the Chief Investigator with the investigation; and\n\n(e) any person or body to whom the report may be relevant.\n\nS. 49ZZA inserted by No. 25/2025 s. 70.\n\n49ZZA Publication of investigation-related materials\n\n(1) The Chief Investigator may publish, by electronic or other means, investigation‑related materials if the Chief Investigator considers that the publication of the materials is necessary or desirable for the purposes of transport safety.\n\n(2) Published investigation-related materials may only include information that is, or that contains, personal information in the circumstances allowed by the regulations.\n\n(3) In this section, ***investigation-related materials*** means—\n\n(a) a report given to the Minister under section 49ZY; or\n\n(b) a summary of a report given to the Minister under section 49ZY; or\n\n(c) safety advisory statements; or\n\n(d) safety recommendations; or\n\n(e) any other document relating to an investigation into a public transport safety matter or marine safety matter.\n\nS. 49ZZB inserted by No. 25/2025 s. 70.\n\n49ZZB Limitations on disclosure etc of information obtained under this Part\n\n(1) A person must not disclose any information obtained while carrying out a function under this Part, or obtained under section 49ZZE.\n\n(2) However, the person may disclose such information if—\n\n(a) the disclosure is made in the performance of a duty under, or in connection with, this Part; or\n\n(b) the person has the consent of the person who originally supplied the information; or\n\n(c) subject to subsection (3), the disclosure is made in legal proceedings at the direction of a court; or\n\n(d) the information is in the public domain at the time it is disclosed.\n\n(3) A court may only direct a person to disclose the information if—\n\n(a) the disclosure is required for the purposes of a criminal proceeding for an offence against this Act; or\n\n(b) the disclosure is to be made in civil proceedings and the following 2 conditions are met—\n\n(i) the Chief Investigator has issued a certificate in relation to the information stating that the disclosure of the information is not likely to interfere with any investigation; and\n\n(ii) the court is satisfied that any adverse domestic and international impact that the disclosure of the information might have on any current or future investigations is outweighed by the public interest in the administration of justice.\n\n(4) In directing a person to disclose information, the court may also direct that the information, or any information obtained from the information, must not—\n\n(a) be published, or be communicated to any person; or\n\n(b) be published, or be communicated, except in a manner, and to a person, specified by the court.\n\n(5) Any information disclosed by a person in contravention of this section is not admissible in any civil or criminal proceeding (other than a proceeding against the person under this section).\n\n(6) Subsection (2) is not intended to interfere with any rights another person may have with regard to the disclosure of the information.\n\n(7) A reference in this section to a court is to be read as including a reference to a tribunal and to a person exercising judicial authority.\n\nS. 49ZZC inserted by No. 25/2025 s. 70.\n\n49ZZC Release of information in the interests of transport safety\n\n(1) The Chief Investigator may disclose information acquired by the Chief Investigator in carrying out the Chief Investigator's functions under this or any other Act to any person if the Chief Investigator considers that the disclosure is necessary or desirable for the purposes of transport safety.\n\n(2) However, the Chief Investigator may only disclose information that is, or that contains, personal information in the circumstances allowed by the regulations.\n\nS. 49ZZD inserted by No. 25/2025 s. 70.\n\n49ZZD Reports not admissible in evidence\n\n(1) A report of an investigation into a public transport safety matter or marine safety matter under this Part is not admissible in evidence in any civil or criminal proceeding.\n\n(a) to the admissibility of a final report in evidence in a coronial inquiry; or\n\n(b) if the court considers that a failure to admit a report into evidence in a criminal proceeding could prejudice the fair trial of the accused.\n\n(3) This section applies despite anything to the contrary in sections 49ZZB and 49ZZC.\n\n(4) In this section ***report*** means—\n\n(a) final report; or\n\n(b) draft report; or\n\n(c) any document that is incidental to a final report or draft report.\n\nS. 49ZZE inserted by No. 25/2025 s. 70.\n\n49ZZE Chief Investigator may authorise non-staff members to have access to information\n\nThe Chief Investigator may authorise a person who is not a member of the Chief Investigator's staff to have access to information acquired by the Chief Investigator in carrying out the Chief Investigator's functions under this or any other Act if the Chief Investigator considers that it is necessary or desirable to do so.\n\nA person authorised to have access to information under this section is subject to the confidentiality requirements of section 49ZZB.\n\nS. 49ZZF inserted by No. 25/2025 s. 70.\n\n49ZZF Confidential reporting of safety information by transport workers\n\n(1) The Chief Investigator may establish a system for the voluntary reporting by transport workers of public transport safety matters and marine safety matters.\n\n(2) The Chief Investigator must not disclose to any other person, or to any court, tribunal or person acting judicially, any information that may identify a transport worker who provides information under the voluntary reporting system unless—\n\n(a) the worker consents to the disclosure; or\n\n(b) the Chief Investigator or the court, tribunal or person is of the opinion that it is necessary in the public interest that the information be disclosed.\n\n(3) In this section a ***transport worker*** is a person who, as an employee, as a contractor or as a volunteer—\n\n(a) carries out work for—\n\n(i) a person who operates a commercial bus service (within the meaning of section 3(1) of the **Bus Safety Act 2009**); or\n\n(ii) a person who manages any rail infrastructure or who provides, or operates, any rolling stock; or\n\n(iii) a person who undertakes rail safety work; or\n\n(b) is involved with the operation of vessels.\n\nS. 49ZZG inserted by No. 25/2025 s. 70.\n\n49ZZG Chief Investigator may ask Commonwealth agency to investigate accident or incident\n\nThe Chief Investigator may ask the Australian Transport Safety Bureau established under section 12 of the Transport Safety Investigation Act 2003 of the Commonwealth to investigate any accident or incident that has occurred in Victoria that is a public transport safety matter or a marine safety matter.\n\nPart 3—Enforcement measures\n\nDivision 1—Improvement notices\n\n\t50 Service of improvement notices\n\n(1) This section applies if a transport safety officer reasonably believes that a person—\n\nS. 50(1)(a) amended by No. 41/2019 s. 49(a).\n\n(a) is contravening a provision of a transport safety law; or\n\nS. 50(1)(b) amended by No. 41/2019 s. 49(a).\n\n(b) has contravened a provision of a transport safety law in circumstances that make it likely that the contravention will continue or be repeated; or\n\n(c) is carrying out or has carried out—\n\nS. 50(1)(c)(i) amended by No. 41/2019 s. 49(b).\n\n(i) marine operations that threaten safety; or\n\nS. 50(1)(c)(ii) amended by No. 41/2019 s. 49(c).\n\n(ii) other operations that threaten marine safety; or\n\nS. 50(1)(d) amended by No. 41/2019 s. 49(d).\n\n(d) is providing bus services that threaten safety or other services that threaten bus safety.\n\n(2) Subject to this section, the transport safety officer may serve an improvement notice requiring the person—\n\n(a) to remedy the contravention; or\n\n(b) to prevent a likely contravention from occurring; or\n\n(c) to remedy the things or operations causing the contravention or likely contravention; or\n\nS. 50(2)(d) amended by No. 41/2019 s. 49(e).\n\n(d) to carry out marine operations or provide bus services so that safety is not threatened or likely to be threatened.\n\nA decision whether to serve an improvement notice is a mandatory transport safety decision—see section 175 of the **Transport Integration Act 2010**.\n\nS. 50(3) amended by No. 34/2023 s. 127(Sch. 1 item 18.7).\n\n(3) Before serving an improvement notice under this section, a transport safety officer must inform Safe Transport Victoria of his or her intention to do so.\n\nS. 51 repealed by No. 41/2019 s. 50.\n\n","sortOrder":86},{"sectionNumber":"52","sectionType":"section","heading":"Contents of improvement notices","content":"\t52 Contents of improvement notices\n\n(1) An improvement notice must—\n\nS. 52(1)(a) amended by No. 41/2019 s. 51(1).\n\n(a) if the notice relates to a contravention or likely contravention of a transport safety law—\n\n(i) state that the transport safety officer believes the person—\n\nS. 52(1)(a)(i)(A) amended by No. 41/2019 s. 51(1).\n\n(A) is contravening a provision of a transport safety law; or\n\nS. 52(1)(a)(i)(B) amended by No. 41/2019 s. 51(1).\n\n(B) has contravened a provision of a transport safety law in circumstances that make it likely that the contravention will continue or be repeated; and\n\n(ii) state the provision the officer believes is being, or has been, contravened; and\n\n(iii) briefly, state how the provision is being, or has been, contravened; and\n\n(iv) state the day before which the person is required to remedy the contravention or likely contravention; and\n\n(b) in any other case—\n\n(i) state that the transport safety officer believes the person—\n\nS. 52(1)(b)(i)(A) amended by No. 41/2019 s. 51(2)(a).\n\n(A) is carrying out or has carried out marine operations that threaten safety, or other operations that threaten marine safety; or\n\n(B) is providing bus services or has provided bus services that threaten safety, or other services that threaten bus safety; and\n\n(ii) briefly, state how—\n\nS. 52(1)(b)(ii)(A) amended by No. 41/2019 s. 51(2)(b).\n\n(A) the marine operations or bus services are threatening, or have threatened, safety; or\n\nS. 52(1)(b)(ii)(B) amended by No. 41/2019 s. 51(2)(c).\n\n(B) the other operations or services are threatening, or have threatened, marine safety or bus safety; and\n\nS. 52(1)(b)(iii) amended by No. 41/2019 s. 51(2)(d).\n\n(iii) state the day before which the person is required to carry out marine operations or other operations, or provide bus services or other services, so that safety is not threatened or likely to be threatened; and\n\n(c) if a cost-benefit analysis has been carried out under section 175 of the **Transport Integration Act 2010**, set out the results of that analysis; and\n\n(d) set out the penalty for non-compliance with the notice; and\n\n(e) include information about the right to a review under Part 5 of the decision to serve the notice; and\n\n(f) state that the notice is served under section 50.\n\n(2) An improvement notice served on a person on a ground stated in section 50(1)(a) or (b) may include directions concerning the action to be taken to remedy the contravention or prevent the likely contravention, or the things or operations causing the contravention or likely contravention, to which the notice relates.\n\nS. 52(3) amended by No. 41/2019 s. 51(3).\n\n(3) An improvement notice served on a person on the ground stated in section 50(1)(c) may include directions concerning the action to be taken by which operations to which the notice relates may be carried out so that safety is not threatened or likely to be threatened.\n\n(4) An improvement notice may include recommendations.\n\n(5) The day stated for compliance with the improvement notice must be reasonable in all the circumstances.\n\n","sortOrder":87},{"sectionNumber":"53","sectionType":"section","heading":"Directions in improvement notices","content":"\t53 Directions in improvement notices\n\nA direction included in an improvement notice may—\n\n(a) refer to an approved code of practice; and\n\n(b) offer the person on whom it is served a choice of ways in which to remedy the contravention.\n\n","sortOrder":88},{"sectionNumber":"54","sectionType":"section","heading":"Amendment of improvement notice","content":"\t54 Amendment of improvement notice\n\nS. 54(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.8).\n\n(1) An improvement notice served by a transport safety officer may be amended by any transport safety officer or Safe Transport Victoria.\n\n(2) An amendment of an improvement notice is effected by serving on the person affected a notice stating the terms of the amendment.\n\nS. 54(3) amended by No. 41/2019 s. 52.\n\n(3) An amendment of an improvement notice is ineffective if it purports to deal with a contravention of a different provision of a transport safety law from that dealt with in the improvement notice as first served.\n\n(4) A notice of an amendment of an improvement notice must—\n\n(a) state the reasons for the amendment; and\n\n(b) include information about obtaining a review of the decision to amend the notice; and\n\n(c) state that it is served under this section.\n\n","sortOrder":89},{"sectionNumber":"55","sectionType":"section","heading":"Cancellation of improvement notices","content":"\t55 Cancellation of improvement notices\n\nS. 55(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.9).\n\n(1) An improvement notice served on a person may only be cancelled by Safe Transport Victoria.\n\n(2) Notice of cancellation of an improvement notice is required to be served on the person affected.\n\n","sortOrder":90},{"sectionNumber":"56","sectionType":"section","heading":"Clearance certificates for improvement notices","content":"\t56 Clearance certificates for improvement notices\n\nS. 56(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.10(a)).\n\n(1) This section applies if Safe Transport Victoria or a transport safety officer is satisfied that a person on whom an improvement notice has been served has complied with all the requirements of, or a requirement of, that notice.\n\nS. 56(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.10(b)).\n\n(2) Safe Transport Victoria or a transport safety officer must serve a clearance certificate on the person to the effect that (as the case requires)—\n\n(a) all of the requirements of the improvement notice have been complied with; or\n\n(b) the specific requirement of the improvement notice has been complied with.\n\nS. 56(3) amended by No. 34/2023 s. 127(Sch. 1 item 18.10(a)).\n\n(3) The clearance certificate must be served as soon as practicable after Safe Transport Victoria or a transport safety officer is so satisfied.\n\n(4) A requirement of the improvement notice to which the clearance certificate relates ceases to be operative on receipt by the person of that certificate.\n\n","sortOrder":91},{"sectionNumber":"57","sectionType":"section","heading":"Proceedings for offences not affected by improvement notices or clearance certificates","content":"\t57 Proceedings for offences not affected by improvement notices or clearance certificates\n\nS. 57(1) amended by No. 41/2019 s. 52.\n\n(1) The service, amendment or cancellation of an improvement notice does not affect any proceeding for an offence against a transport safety law in connection with any matter in respect of which the improvement notice was served.\n\nS. 57(2) amended by No. 41/2019 s. 52.\n\n(2) The service of a clearance certificate under section 56 in respect of an improvement notice does not affect any proceeding for an offence against a transport safety law in connection with any matter in respect of which the improvement notice was served.\n\n","sortOrder":92},{"sectionNumber":"58","sectionType":"section","heading":"Compliance with improvement notice","content":"\t58 Compliance with improvement notice\n\n(1) A person on whom an improvement notice is served must comply with the notice within the period specified in the notice unless the person has a reasonable excuse.\n\nPenalty: In the case of a natural person $50 000;\n\nIn the case of a body corporate, $500 000.\n\n(2) It is not an offence to fail to comply with recommendations in an improvement notice.\n\n","sortOrder":93},{"sectionNumber":"59","sectionType":"section","heading":"Extension of time for compliance with improvement notices","content":"\t59 Extension of time for compliance with improvement notices\n\n(1) This section applies if a person has been served with an improvement notice.\n\n(2) A transport safety officer may, by written notice given to the person, extend the compliance period for the improvement notice.\n\n(3) However, the transport safety officer may only extend the compliance period if the period has not ended.\n\nS. 59(4) def. of *compliance period* amended by No. 68/2017 s. 111.\n\n***compliance period*** means the period stated in the improvement notice served under section 50, and includes that period as extended under this section.\n\nDivision 2—Prohibition notices\n\n","sortOrder":94},{"sectionNumber":"60","sectionType":"section","heading":"Service of prohibition notice","content":"\t60 Service of prohibition notice\n\n(1) This section applies if a transport safety officer reasonably believes that—\n\nS. 60(1)(a) amended by No. 41/2019 s. 53(a).\n\n(a) an activity is occurring in relation to bus services or bus premises that involves or will involve an immediate risk to safety; or\n\nS. 60(1)(b) amended by No. 41/2019 s. 53(a).\n\n(b) an activity may occur in relation to bus services or bus premises that, if it occurs, will involve an immediate risk to safety; or\n\nS. 60(1)(c) amended by No. 41/2019 s. 53(b).\n\n(c) an activity may occur at, on, or in the immediate vicinity of a bus stopping point that, if it occurs, will involve an immediate risk to safety; or\n\n(d) an activity is occurring on, or in relation to marine operations or marine premises that involves or will involve an immediate risk to safety; or\n\n(e) an activity is occurring on, or in relation to the operation of, a vessel, that involves or will involve an immediate risk to safety; or\n\n(f) an activity is occurring at marine premises or a place where vessels are operated, stored, moored, berthed or placed that involves or will involve an immediate risk to safety; or\n\n(g) an activity may, if it occurs at or in relation to, marine premises or a place where vessels are operated, stored, moored, berthed or placed, involve an immediate risk to safety.\n\n(2) The transport safety officer may serve a prohibition notice on a person who has, or appears to have, control over the activity prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way.\n\nNote to s. 60(2) inserted by No. 68/2017 s. 112.\n\nA decision whether to serve a prohibition notice is a mandatory transport safety decision—see section 175 of the **Transport Integration Act 2010**.\n\n(3) Despite section 77, a prohibition notice may be given orally, but must be confirmed by written notice served on the person as soon as practicable after it was given.\n\n","sortOrder":95},{"sectionNumber":"61","sectionType":"section","heading":"Contents of prohibition notice","content":"\t61 Contents of prohibition notice\n\n(1) A prohibition notice must—\n\n(a) state that the transport safety officer believes that grounds for the service of the prohibition notice exist and the basis for that belief; and\n\n(b) briefly, state the activity that the officer believes involves or will involve the risk and the matters that give or will give rise to the risk; and\n\nS. 61(1)(c) amended by No. 41/2019 s. 54.\n\n(c) state the provision (if any) of a transport safety law that the officer believes is being, or is likely to be, contravened by that activity; and\n\n(d) set out the penalty for contravening the notice; and\n\n(e) include information about the right to a review under Part 5 of the decision to serve the notice; and\n\n(f) state that the notice is served under this section.\n\n(2) A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c).\n\n(3) A direction in a prohibition notice may offer the person on whom the notice has been served a choice of ways to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c).\n\n(4) Without limiting section 60, a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying one or more of the following—\n\n(a) premises, or part of premises, at which the activity is not to be carried out;\n\n(b) infrastructure at or on which, or in the immediate vicinity of, the activity is not to be carried out;\n\n(c) any thing that is not to be used in connection with the activity;\n\n(d) that a vessel is not to be operated;\n\n(e) any procedure that is not to be followed in connection with the activity.\n\n(5) A prohibition notice may include recommendations.\n\n","sortOrder":96},{"sectionNumber":"62","sectionType":"section","heading":"Directions in prohibition notices","content":"\t62 Directions in prohibition notices\n\nA direction included in a prohibition notice may—\n\n(a) refer to an approved code of practice; and\n\n(b) offer the person on whom it is served a choice of ways in which to remedy the matters or matter that involve, or will involve, an immediate risk to safety.\n\n","sortOrder":97},{"sectionNumber":"63","sectionType":"section","heading":"Compliance with prohibition notice","content":"\t63 Compliance with prohibition notice\n\n(1) A person on whom a prohibition notice is served must comply with the notice unless the person has a reasonable excuse.\n\nPenalty: In the case of a natural person $150 000;\n\nIn the case of a body corporate, $1 500 000.\n\n(2) It is not an offence to fail to comply with recommendations in a prohibition notice.\n\n","sortOrder":98},{"sectionNumber":"64","sectionType":"section","heading":"Amendment of prohibition notice","content":"\t64 Amendment of prohibition notice\n\nS. 64(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.11).\n\n(1) A prohibition notice served by a transport safety officer may be amended by any transport safety officer or Safe Transport Victoria.\n\nS. 64(2) amended by No. 68/2017 s. 113(1).\n\n(2) An amendment of a prohibition notice is effected by serving on the person affected a notice stating the terms of the amendment.\n\nS. 64(3) amended by No. 68/2017 s. 113(2).\n\n(3) An amendment of a prohibition notice is ineffective if it purports to prohibit the carrying out of an activity that is different from the activity prohibited by the prohibition notice as first served.\n\n(4) A notice of an amendment of a prohibition notice must—\n\n(a) state the reasons for the amendment; and\n\n(b) include information about obtaining a review of the decision to amend the notice; and\n\n(c) state that it is served under this section.\n\n","sortOrder":99},{"sectionNumber":"65","sectionType":"section","heading":"Withdrawal of prohibition notices","content":"\t65 Withdrawal of prohibition notices\n\nS. 65(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.12).\n\n(1) A prohibition notice served on a person may only be withdrawn by Safe Transport Victoria.\n\n(2) Notice of the withdrawal of a prohibition notice is required to be served on the person affected.\n\nS. 66 (Heading) amended by No. 68/2017 s. 114(1).\n\n","sortOrder":100},{"sectionNumber":"66","sectionType":"section","heading":"Certificates confirming that matters that give rise to immediate risks to safety remedied","content":"\t66 Certificates confirming that matters that give rise to immediate risks to safety remedied\n\nS. 66(1) amended by Nos 68/2017 s. 114(2)(a), 34/2023 s. 127(Sch. 1 item 18.13(a)).\n\n(1) This section applies if Safe Transport Victoria or a transport safety officer is satisfied that a person served with a prohibition notice has remedied all of the matters or the matter that—\n\nS. 66(1)(a) amended by No. 68/2017 s. 114(2)(b).\n\n(a) gave, or will give, rise to an immediate risk to safety; and\n\nS. 66(1)(b) amended by No. 68/2017 s. 114(2)(c).\n\n(b) is specified in the prohibition notice.\n\nS. 66(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.13(b)).\n\n(2) Safe Transport Victoria or a transport safety officer must serve a certificate on the person to the effect that (as the case requires)—\n\n(a) all of the matters or the matter that gave rise to an immediate risk to safety because of the activity specified in the prohibition notice have been remedied; or\n\n(b) all of the matters or the matter that could have given rise to an immediate risk to safety because of the activity specified in the prohibition notice have been remedied.\n\nS. 66(3) amended by No. 34/2023 s. 127(Sch. 1 item 18.13(a)).\n\n(3) The certificate must be served as soon as practicable after Safe Transport Victoria or transport safety officer is so satisfied.\n\nS. 66(4) amended by Nos 68/2017 s. 114(3), 34/2023 s. 127(Sch. 1 item 18.13(a)).\n\n(4) A matter stated in the prohibition notice that has been remedied to the satisfaction of Safe Transport Victoria or transport safety officer, and to which the certificate relates, ceases to operate when the person receives the certificate.\n\n","sortOrder":101},{"sectionNumber":"67","sectionType":"section","heading":"Proceedings for offences not affected by prohibition notices or certificates","content":"\t67 Proceedings for offences not affected by prohibition notices or certificates\n\nS. 67(1) amended by Nos 68/2017 s. 115, 41/2019 s. 54.\n\n(1) The service, amendment or withdrawal of a prohibition notice does not affect any proceeding for an offence against a transport safety law in connection with any matter in respect of which the prohibition notice was served.\n\nS. 67(2) amended by No. 41/2019 s. 54.\n\n(2) The service of a certificate under section 66 in respect of a prohibition notice does not affect any proceeding for an offence against a transport safety law in connection with any matter in respect of which the prohibition notice was served.\n\nDivision 3—Remedial action in relation to prohibition notices\n\nS. 68 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 18.14).\n\n","sortOrder":102},{"sectionNumber":"68","sectionType":"section","heading":"When Safe Transport Victoria may carry out action","content":"\t68 When Safe Transport Victoria may carry out action\n\nS. 68(1) amended by No. 21/2015 s. 3(Sch. 1 item 57.1).\n\n(1) This section applies if a person on whom a prohibition notice is served fails to take reasonable steps to comply with the notice.\n\nS. 68(2) amended by Nos 41/2019 s. 55, 34/2023 s. 127(Sch. 1 item 18.15(a) (b)).\n\n(2) Safe Transport Victoria may take any remedial action Safe Transport Victoria believes reasonable to make the bus premises, marine premises, vessel or situation safe after giving written notice to the person on whom the prohibition notice was served of—\n\nS. 68(2)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.15(c)).\n\n(a) Safe Transport Victoria's intention to take that action; and\n\nS. 68(2)(b) amended by No. 68/2017 s. 116.\n\n(b) the person's liability for the costs of that action.\n\nS. 69 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 18.16).\n\n","sortOrder":103},{"sectionNumber":"69","sectionType":"section","heading":"Power of Safe Transport Victoria to take other remedial action","content":"\t69 Power of Safe Transport Victoria to take other remedial action\n\nS. 69(1) substituted by No. 68/2017 s. 117.\n\n(1) This section applies if—\n\nS. 69(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.17(a)).\n\n(a) Safe Transport Victoria reasonably believes that circumstances in which a prohibition notice can be served exist; and\n\nS. 69(1)(b) amended by Nos 41/2019 s. 56, 34/2023 s. 127(Sch. 1 item 18.17(a)).\n\n(b) after taking reasonable steps, Safe Transport Victoria cannot find the person with control or management of the bus premises or marine premises or vessel in relation to which the notice would be served.\n\nS. 69(2) amended by Nos 41/2019 s. 56, 34/2023 s. 127(Sch. 1 item 18.17(b)).\n\n(2) Safe Transport Victoria may take any remedial action necessary to make the bus premises, marine premises or vessel safe.\n\nS. 70 amended by No. 34/2023 s. 127(Sch. 1 item 18.18).\n\n","sortOrder":104},{"sectionNumber":"70","sectionType":"section","heading":"Costs of remedial or other action","content":"\t70 Costs of remedial or other action\n\nSafe Transport Victoria may recover, as a debt due to Safe Transport Victoria in a court of competent jurisdiction, the reasonable costs of any remedial action taken under—\n\n(a) section 68 from the person on whom the prohibition notice is served; or\n\nS. 70(b) amended by No. 68/2017 s. 118.\n\n(b) section 69 from any person on whom the prohibition notice could have been served in respect of the matter.\n\nDivision 4—Non-disturbance notices\n\nS. 71 amended by No. 41/2019 s. 57(a).\n\n","sortOrder":105},{"sectionNumber":"71","sectionType":"section","heading":"Service of non-disturbance notice","content":"\t71 Service of non-disturbance notice\n\nA transport safety officer may serve a non-disturbance notice on a person with control or management of any of the following places or things if the officer reasonably believes that it is necessary to do so to facilitate the exercise of his or her powers under a transport safety law—\n\nS. 71(a) substituted by No. 41/2019 s. 57(b).\n\n(a) bus premises;\n\nS. 71(b) substituted by No. 41/2019 s. 57(b).\n\n(b) marine premises;\n\nS. 71(c) substituted by No. 41/2019 s. 57(b).\n\n(c) a bus;\n\nS. 71(d) substituted by No. 41/2019 s. 57(b).\n\n(d) a vessel.\n\nS. 71(e) repealed by No. 41/2019 s. 57(b).\n\n","sortOrder":106},{"sectionNumber":"72","sectionType":"section","heading":"Contents of non-disturbance notice","content":"\t72 Contents of non-disturbance notice\n\n(1) A non-disturbance notice may require the person to—\n\nS. 72(1)(a) amended by No. 41/2019 s. 58(1)(a).\n\n(a) in the case of bus premises or marine premises—\n\n(i) preserve the site at which a notifiable occurrence has occurred for a specified period; or\n\n(ii) prevent the disturbance of a particular site (including the operation of plant) in other circumstances for a specified period that is reasonable in the circumstances;\n\nS. 72(1)(b) amended by No. 41/2019 s. 58(1)(b)(i).\n\n(b) in the case of a bus or vessel—\n\nS. 72(1)(b)(i) amended by No. 41/2019 s. 58(1)(b)(i).\n\n(i) preserve the bus or vessel in respect of which a notifiable occurrence has occurred for a specified period; or\n\nS. 72(1)(b)(ii) amended by No. 41/2019 s. 58(1)(b)(ii).\n\n(ii) prevent the disturbance of a particular bus or a particular vessel in other circumstances for a specified period that is reasonable in the circumstances.\n\n(2) A non-disturbance notice must specify the period (of no more than 7 days) for which it applies and set out—\n\n(a) the obligations of the person on whom the notice is served; and\n\n(b) the measures to be taken to—\n\nS. 72(2)(b)(i) amended by No. 41/2019 s. 58(2).\n\n(i) preserve a site, bus or vessel; or\n\nS. 72(2)(b)(ii) amended by No. 41/2019 s. 58(2).\n\n(ii) prevent disturbance of a site, bus or vessel; and\n\n(c) information about the right to a review under Part 5 of the decision to serve the notice; and\n\n(d) the penalty for contravening the notice.\n\n(3) In subsection (1), a reference to a site includes any plant, substance, structure or thing associated with the site.\n\n(4) A non-disturbance notice does not prevent any action—\n\n(a) to assist an injured person or animal; or\n\n(b) to remove a deceased person or animal; or\n\n(c) that is essential to make the site, bus or vessel safe or prevent a further incident; or\n\n(d) that is associated with a police investigation; or\n\n(e) in respect of which a transport safety officer has given permission; or\n\n(f) to protect the environment from significant damage or pollution.\n\n","sortOrder":107},{"sectionNumber":"73","sectionType":"section","heading":"Compliance with non-disturbance notice","content":"\t73 Compliance with non-disturbance notice\n\nA person on whom a non-disturbance notice is served must comply with the notice unless the person has a reasonable excuse.\n\n","sortOrder":108},{"sectionNumber":"74","sectionType":"section","heading":"Service of subsequent non-disturbance notices","content":"\t74 Service of subsequent non-disturbance notices\n\n(1) If a transport safety officer considers it necessary to do so, he or she may serve one or more subsequent non-disturbance notices to a person under section 71.\n\n(2) A non-disturbance notice referred to in subsection (1) may be served before or after the expiry of a previous notice.\n\n(3) Each subsequent non-disturbance notice must comply with section 72.\n\n","sortOrder":109},{"sectionNumber":"75","sectionType":"section","heading":"Cancellation of a non-disturbance notice","content":"\t75 Cancellation of a non-disturbance notice\n\nA transport safety officer may cancel a non-disturbance notice.\n\nDivision 5—General requirements applying to notices\n\n","sortOrder":110},{"sectionNumber":"76","sectionType":"section","heading":"Definition","content":"\t76 Definition\n\n***notice*** means—\n\n(a) an improvement notice; or\n\n(b) a prohibition notice; or\n\n(c) a non-disturbance notice.\n\n","sortOrder":111},{"sectionNumber":"77","sectionType":"section","heading":"Notice to be in writing","content":"\t77 Notice to be in writing\n\nA notice must be in writing.\n\n","sortOrder":112},{"sectionNumber":"78","sectionType":"section","heading":"Minor variations of notices by transport safety officer","content":"\t78 Minor variations of notices by transport safety officer\n\nA transport safety officer may make minor changes to a notice—\n\n(a) for clarification; or\n\n(b) to correct errors or references; or\n\n(c) to reflect changes of address or other circumstances.\n\n","sortOrder":113},{"sectionNumber":"79","sectionType":"section","heading":"Formal irregularities or defects in notice","content":"\t79 Formal irregularities or defects in notice\n\nA notice is not invalid merely because of—\n\n(a) a formal defect or irregularity in the notice unless the defect or irregularity causes or is likely to cause substantial injustice; or\n\n(b) a failure to use the correct name of the person on whom the notice is served if the notice sufficiently identifies the person and is served or given to the person in accordance with section 80.\n\n","sortOrder":114},{"sectionNumber":"80","sectionType":"section","heading":"Serving notices","content":"\t80 Serving notices\n\n(1) A notice may be served on a person—\n\n(a) in accordance with section 131; or\n\nS. 80(1)(b) amended by No. 41/2019 s. 59.\n\n(b) by leaving it for the person at the bus premises, marine premises, or on the bus or vessel, to which the notice relates with a person who is or appears to be the person with control or management of the premises, bus or vessel; or\n\n(c) in a prescribed manner.\n\n(2) The regulations may prescribe—\n\n(a) the manner of serving a notice; and\n\n(b) the steps a person on whom a notice is served must take to bring it to the attention of other persons.\n\nDivision 6—Injunctions\n\n","sortOrder":115},{"sectionNumber":"81","sectionType":"section","heading":"Definition","content":"\t81 Definition\n\n***notice*** means—\n\n(a) an improvement notice; or\n\n(b) a prohibition notice; or\n\n(c) a non-disturbance notice.\n\n","sortOrder":116},{"sectionNumber":"82","sectionType":"section","heading":"Injunctions for non‑compliance with notices","content":"\t82 Injunctions for non‑compliance with notices\n\nS. 82(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.19).\n\n(1) Safe Transport Victoria may apply to the Magistrates' Court for an injunction—\n\n(a) compelling a person to comply with a notice; or\n\n(b) restraining a person from contravening a notice.\n\nS. 82(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.19).\n\n(2) Safe Transport Victoria may do so—\n\nS. 82(2)(a) amended by Nos 21/2015 s. 3(Sch. 1 item 57.2), 68/2017 s. 119, 41/2019 s. 60.\n\n(a) whether or not a proceeding has been commenced for an offence against a transport safety law in connection with any matter in respect of which the notice was served; and\n\n(b) whether or not any period for compliance with the notice has expired.\n\nDivision 7—Enforceable voluntary undertakings\n\n","sortOrder":117},{"sectionNumber":"83","sectionType":"section","heading":"Enforceable voluntary undertaking","content":"\t83 Enforceable voluntary undertaking\n\nS. 83(1) amended by Nos 41/2019 s. 61, 34/2023 s. 127(Sch. 1 item 18.20).\n\n(1) The Chief Executive of Safe Transport Victoria may accept (by written notice) a written undertaking (a ***transport*** ***safety undertaking***) given by an accredited bus operator in connection with a matter relating to a contravention or alleged contravention by the person of a transport safety law.\n\nS. 83(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.20).\n\n(2) The Chief Executive of Safe Transport Victoria must not accept a transport safety undertaking under subsection (1) if—\n\nS. 83(2)(a) amended by No. 41/2019 s. 61(b).\n\n(a) the undertaking is in connection with a matter relating to a contravention or alleged contravention of an indictable offence under a transport safety law; and\n\nS. 83(2)(b) amended by No. 34/2023 s. 127(Sch. 1 item 18.20).\n\n(b) the Chief Executive of Safe Transport Victoria considers that it would be appropriate for him or her to prosecute that offence.\n\n(3) The giving of a transport safety undertaking does not constitute an admission of guilt by the operator giving it in respect of the contravention or alleged contravention to which the undertaking relates.\n\nS. 84 amended by Nos 41/2019 s. 62, 34/2023 s. 127(Sch. 1 item 18.21(a)).\n\n","sortOrder":118},{"sectionNumber":"84","sectionType":"section","heading":"Notice of decisions and reasons for decision","content":"\t84 Notice of decisions and reasons for decision\n\nSafe Transport Victoria must give the accredited bus operator seeking to make a transport safety undertaking written notice of—\n\nS. 84(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.21(b)).\n\n(a) Safe Transport Victoria's decision to accept or reject the undertaking; and\n\n(b) the reasons for the decision.\n\n","sortOrder":119},{"sectionNumber":"85","sectionType":"section","heading":"When a transport safety undertaking is enforceable","content":"\t85 When a transport safety undertaking is enforceable\n\nA transport safety undertaking takes effect and becomes enforceable—\n\nS. 85(a) amended by Nos 41/2019 s. 62, 34/2023 s. 127(Sch. 1 item 18.22(a)).\n\n(a) when the Chief Executive of Safe Transport Victoria's decision to accept the undertaking is given to the accredited bus operator who made the undertaking; or\n\nS. 85(b) amended by No. 34/2023 s. 127(Sch. 1 item 18.22(b)).\n\n(b) at any later date specified by the Chief Executive of Safe Transport Victoria.\n\nS. 86 amended by No. 41/2019 s. 62.\n\n","sortOrder":120},{"sectionNumber":"86","sectionType":"section","heading":"Compliance with transport safety undertaking","content":"\t86 Compliance with transport safety undertaking\n\nAn accredited bus operator who has made a transport safety undertaking that is in effect must not contravene the undertaking.\n\n","sortOrder":121},{"sectionNumber":"87","sectionType":"section","heading":"Contravention of transport safety undertaking","content":"\t87 Contravention of transport safety undertaking\n\nS. 87(1) amended by Nos 41/2019 s. 63(a), 34/2023 s. 127(Sch. 1 item 18.23(a)).\n\n(1) This section applies if Safe Transport Victoria considers that an accredited bus operator has contravened an undertaking accepted by Safe Transport Victoria from that operator.\n\nS. 87(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.23(b)).\n\n(2) Safe Transport Victoria may apply to the Magistrates' Court for enforcement of the undertaking.\n\nS. 87(3) amended by No. 41/2019 s. 63(a).\n\n(3) If the Magistrates' Court is satisfied that the accredited bus operator has contravened the undertaking, the Court, in addition to the imposition of any penalty, may make any of the following orders—\n\n(a) an order that the operator must comply with the undertaking or take specified action to comply with the undertaking;\n\n(b) an order discharging the undertaking;\n\nS. 87(3)(c) amended by No. 34/2023 s. 127(Sch. 1 item 18.23(a)).\n\n(c) an order directing the person to pay to Safe Transport Victoria—\n\n(i) the costs of the proceeding; and\n\nS. 87(3)(c)(ii) amended by No. 34/2023 s. 127(Sch. 1 item 18.23(a)).\n\n(ii) the reasonable costs of Safe Transport Victoria in monitoring compliance with the transport safety undertaking in the future;\n\n(d) any other order that it considers appropriate in the circumstances.\n\nS. 87(4) amended by No. 41/2019 s. 63(a).\n\n(4) An accredited bus operator must not fail to comply with an order under this section.\n\nS. 87(5) amended by No. 41/2019 s. 63(b).\n\n(5) Nothing in this section prevents a proceeding being commenced for the contravention or alleged contravention of a transport safety law to which the transport safety undertaking relates.\n\n","sortOrder":122},{"sectionNumber":"88","sectionType":"section","heading":"Withdrawal or variation of transport safety undertaking","content":"\t88 Withdrawal or variation of transport safety undertaking\n\nS. 88(1) amended by Nos 41/2019 s. 64(a), 34/2023 s. 127(Sch. 1 item 18.24).\n\n(1) An accredited bus operator who has made a transport safety undertaking may withdraw or vary the undertaking with the written agreement of Safe Transport Victoria.\n\nS. 88(2) amended by No. 41/2019 s. 64(b).\n\n(2) However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of a transport safety law.\n\n","sortOrder":123},{"sectionNumber":"89","sectionType":"section","heading":"Proceedings for alleged contravention","content":"\t89 Proceedings for alleged contravention\n\nS. 89(1) amended by No. 41/2019 s. 65(a).\n\n(1) Subject to this section, no proceeding for a contravention or alleged contravention of a transport safety law may be commenced against a person if a transport safety undertaking is in effect in relation to that contravention.\n\nS. 89(2) amended by No. 41/2019 s. 65.\n\n(2) No proceeding may be commenced for a contravention or alleged contravention of a transport safety law against an accredited bus operator who has—\n\n(a) made a transport safety undertaking in respect of that contravention; and\n\n(b) completely discharged the transport safety undertaking.\n\nS. 89(3) amended by No. 34/2023 s. 127(Sch. 1 item 18.25(a)).\n\n(3) Safe Transport Victoria may accept a transport safety undertaking in respect of a contravention or alleged contravention before a proceeding in respect of that contravention has been finalised.\n\nS. 89(4) amended by No. 34/2023 s. 127(Sch. 1 item 18.25(b)).\n\n(4) If Safe Transport Victoria accepts a transport safety undertaking before a proceeding is finalised, Safe Transport Victoria must take all reasonable steps to have the proceeding discontinued as soon as possible.\n\nPt 3 Div. 8 (Heading) amended by No. 41/2019 s. 66.\n\nDivision 8—Additional enforcement measures relating to bus safety\n\n","sortOrder":124},{"sectionNumber":"90","sectionType":"section","heading":"Response to certain safety reports","content":"\t90 Response to certain safety reports\n\nS. 90(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.26(a)).\n\n(1) This section applies if Safe Transport Victoria is of the opinion that, as a result of a safety report, action is necessary for the purpose of—\n\nS. 90(1)(a) repealed by No. 41/2019 s. 67(1).\n\n(b) the safe operation of a bus service.\n\nS. 90(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.26(b)).\n\n(2) Safe Transport Victoria, by written notice, may direct—\n\nS. 90(2)(a) repealed by No. 41/2019 s. 67(1).\n\n(b) an operator of a bus service to install, on a bus or buses the operator operates, safety or protective systems, devices, equipment or appliances specified in the notice.\n\n(3) A direction under subsection (2) must—\n\n(a) specify the time within which the safety or protective systems, devices, equipment or appliances specified in the notice must be installed;\n\nS. 90(3)(b) repealed by No. 41/2019 s. 67(1).\n\n(c) include information about the right of review under Part 5.\n\nS. 90(4) amended by No. 41/2019 s. 67(2).\n\n(4) An operator of a bus service must not, without reasonable excuse, fail to comply with a direction under this section.\n\nPenalty: In the case of a natural person, $150 000;\n\nIn the case of a body corporate, $1 500 000.\n\nS. 90(5) def. of *safety report* amended by No. 41/2019 s. 67(3).\n\n***safety report*** means—\n\n(a) a report relating to bus safety (including any recommendations) in response to or relating to an inquest held by the Coroners Court under the **Coroners Act 2008**; or\n\n(b) a report of an investigation held under the Transport Safety Investigation Act 2003 of the Commonwealth; or\n\n(c) any other report of an investigation into a matter relating to bus safety.\n\nSs 91, 92 repealed by No. 41/2019 s. 68.\n\nPart 4—Infringement notices\n\nDivision 1—Transport safety infringement notices\n\n\t93 Transport safety infringements\n\n(1) A transport safety officer who has reason to believe that a person has committed a transport safety infringement may serve a transport safety infringement notice on that person.\n\n(2) A police officer who has reason to believe that a person has committed a transport safety infringement in relation to a marine or port infringement law may serve a transport safety infringement notice on that person.\n\n(3) An offence referred to in subsection (1) or (2) for which a transport safety infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\n(4) The penalty for the purposes of this section in respect of any transport safety infringement is the amount prescribed in respect of that infringement.\n\nPt 4 Div. 2 (Heading and ss 94–98) amended by No. 47/2014 ss 315 (as amended by No. 20/2015 s. 52(2)), 316, repealed by No. 41/2019 s. 69.\n\n","sortOrder":125},{"sectionNumber":"Part 5","sectionType":"part","heading":"Review of decisions","content":"Part 5—Review of decisions\n\n","sortOrder":126},{"sectionNumber":"99","sectionType":"section","heading":"Reviewable decisions","content":"\t99 Reviewable decisions\n\n(1) The following table sets out—\n\n(a) decisions made under this Act that are reviewable in accordance with this Act (***reviewable decisions***); and\n\n(b) who is eligible to apply for review of a reviewable decision (the ***eligible person*** in relation to the reviewable decision).\n\n(2) To avoid doubt, sections 4 and 5 of the **Victorian Civil and Administrative Tribunal Act 1998** apply for the purposes of this Act.\n\nUnder section 4 of that Act, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person's interests are affected by a decision.\n\nS. 99(2) (Table) amended by Nos 41/2019 s. 70, 25/2025 s. 71.\n\n**Table**\n\n| --- | --- | --- |\n| 1 | Section 33 (forfeiture of seized things) | The person entitled to the thing. |\n| 1A | Section 49ZE (forfeiture of seized things) | The person entitled to the thing. |\n| 2 | Section 50 (service of improvement notice) | The person on whom the improvement notice is served.<br>An operator of a bus service whose interests are affected by the decision. |\n|  |  |  |\n| 3 | Section 59 (extension of time for compliance with improvement notice) | The person on whom the improvement notice is served.<br>An operator of a bus service whose interests are affected by the decision. |\n| 4 | Section 54 (amendment of improvement notice) | The person served with the improvement notice that is being amended.<br>An operator of a bus service whose interests are affected by the decision. |\n| 5 | Section 56 (clearance certificate to the effect that all or any specified requirements of improvement notice have been complied with) | The person on whom the improvement notice was served.<br>An operator of a bus service whose interests are affected by the decision. |\n| 6 | Section 60 (service of prohibition notice) | The person on whom the prohibition notice is served.<br>An operator of a bus service whose interests are affected by the decision. |\n| 7 | Section 64 (amendment of prohibition notice) | The person served the prohibition notice that is being amended.<br>An operator of a bus service whose interests are affected by the decision. |\n| 8 | Section 66 (certificate that prohibition notice matters have been remedied) | The person served the prohibition notice.<br>An operator of a bus service whose interests are affected by the decision. |\n| 9 | Section 71 (service of non-disturbance notice) | The person on whom a non-disturbance notice is served.<br>An operator of a bus service whose interests are affected by the decision. |\n| 10 | Section 74 (service of subsequent non-disturbance notice) | The person on whom a subsequent non-disturbance notice is served.<br>An operator of a bus service whose interests are affected by the decision. |\n| 11 | Section 90 (direction to take specified action following safety report) | The operator of a bus service given the direction. |\n\n(3) Unless the contrary intention appears, a reference in this Part to a decision includes a reference to—\n\n(a) include information about the right to a review under Part 5 of the decision to serve the notice; or\n\n(b) state that the notice is served under this section; or\n\n(c) making, suspending, revoking or refusing to make a determination or decision; or\n\n(d) giving, suspending, revoking or refusing to give a direction, approval, consent or permission; or\n\n(e) making a declaration, demand or requirement; or\n\n(f) retaining, or refusing to deliver up, an article; or\n\n(g) doing or refusing to do any other act or thing.\n\n***person entitled*** to a thing means the person from whom it was seized unless that person is not entitled to possess it, in which case it means the owner of the thing.\n\nS. 100 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 18.27).\n\n","sortOrder":127},{"sectionNumber":"100","sectionType":"section","heading":"Review by Safe Transport Victoria","content":"\t100 Review by Safe Transport Victoria\n\nS. 100(1AA) inserted by No. 25/2025 s. 72.\n\n(1AA) This section applies to a reviewable decision other than a decision made by the Chief Investigator, Transport Safety under section 49ZE.\n\n(1) An eligible person—\n\nS. 100(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a)).\n\n(a) in relation to a reviewable decision made by Safe Transport Victoria—may, within 28 days after the decision was made, apply to Safe Transport Victoria for a review of the decision;\n\nS. 100(1)(b) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a)).\n\n(b) in relation to a reviewable decision other than a decision made by Safe Transport Victoria—may apply to Safe Transport Victoria for review of the decision within—\n\n(i) 28 days after the day on which the decision first came to the eligible person's notice; or\n\nS. 100(1)(b)(ii) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a)).\n\n(ii) such longer period as Safe Transport Victoria allows.\n\nS. 100(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(b)).\n\n(2) Safe Transport Victoria may appoint a person to review decisions on applications under subsection (1)(a) (who must not be the person who made the decision the subject of the review).\n\nS. 100(3) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a)).\n\n(3) An application for a review must be in the form approved (in writing) by Safe Transport Victoria.\n\nS. 100(4) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a)).\n\n(4) If an application is made to Safe Transport Victoria in accordance with this section, Safe Transport Victoria may make a decision—\n\n(a) to affirm or vary the reviewable decision; or\n\nS. 100(4)(b) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a)).\n\n(b) to set aside the reviewable decision and substitute another decision that Safe Transport Victoria considers appropriate.\n\nS. 100(5) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a) (c)).\n\n(5) An application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless Safe Transport Victoria, on Safe Transport Victoria's own initiative or on the application of the applicant for review, stays the operation of the decision (not being a prohibition notice) pending the determination of the review.\n\nS. 100(6) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(b)).\n\n(6) Safe Transport Victoria must make a decision on an application for a stay by the end of the next business day following the day on which the application is made.\n\nS. 100(7) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a)).\n\n(7) If Safe Transport Victoria has not made a decision in accordance with subsection (6), Safe Transport Victoria is taken to have made a decision to grant a stay.\n\nS. 100(8) amended by No. 34/2023 s. 127(Sch. 1 item 18.28(a) (b)).\n\n(8) Safe Transport Victoria may attach any conditions to a stay of the operation of a reviewable decision that Safe Transport Victoria considers appropriate.\n\nS. 101 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 18.29).\n\n","sortOrder":128},{"sectionNumber":"101","sectionType":"section","heading":"Notification of decision of Safe Transport Victoria","content":"\t101 Notification of decision of Safe Transport Victoria\n\nS. 101(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.30(a)).\n\n(1) Safe Transport Victoria must give a written notice to the applicant setting out—\n\nS. 101(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.30(b)).\n\n(a) Safe Transport Victoria's decision under section 100(4) and the reasons for the decision; and\n\n(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.\n\n(2) A notice under subsection (1) must be given—\n\n(a) within 14 days after the application is made; or\n\n(b) within 7 days after the application is made if the reviewable decision was made under Division 1, 2, 3 or 4 of Part 3.\n\nS. 101(3) amended by No. 34/2023 s. 127(Sch. 1 item 18.30(c)).\n\n(3) If Safe Transport Victoria has not notified an applicant of a decision in accordance with subsection (1), Safe Transport Victoria is taken to have made a decision to affirm the reviewable decision.\n\nS. 101A inserted by No. 25/2025 s. 73.\n\n","sortOrder":129},{"sectionNumber":"101A","sectionType":"section","heading":"Review by Chief Investigator, Transport Safety","content":"\t101A Review by Chief Investigator, Transport Safety\n\n(1) An eligible person may apply to the Chief Investigator, Transport Safety for a review of a reviewable decision made under section 49ZE.\n\n(2) The Chief Investigator may appoint a person to review decisions on application under subsection (1) (who must not be the person who made the decision the subject of the review).\n\n(3) An application under subsection (1) must be made—\n\n(a) within 28 days after the decision was made; and\n\n(b) in the form approved (in writing) by the Chief Investigator.\n\n(4) If an application is made to the Chief Investigator in accordance with this section, the Chief Investigator may make a decision—\n\n(a) to affirm or vary the reviewable decision; or\n\n(b) to set aside the reviewable decision and substitute another decision that the Chief Investigator considers appropriate.\n\n(5) An application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the Chief Investigator, on the Chief Investigator's own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the review.\n\n(6) The Chief Investigator must make a decision on an application for a stay by the end of the next business day following the day on which the application is made.\n\n(7) If the Chief Investigator has not made a decision in accordance with subsection (5), the Chief Investigator is taken to have made a decision to grant a stay.\n\n(8) The Chief Investigator may attach any conditions to a stay of the operation of a reviewable decision that the Chief Investigator considers appropriate.\n\nS. 101B inserted by No. 25/2025 s. 73.\n\n","sortOrder":130},{"sectionNumber":"101B","sectionType":"section","heading":"Notification of decision of Chief Investigator, Transport Safety","content":"\t101B Notification of decision of Chief Investigator, Transport Safety\n\n(1) The Chief Investigator, Transport Safety must give a written notice to the applicant setting out—\n\n(a) the Chief Investigator's decision under section 101A(4) and the reasons for the decision; and\n\n(b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.\n\n(2) A notice under subsection (1) must be given within 14 days after the application is made.\n\n(3) If the Chief Investigator has not notified an applicant of a decision in accordance with subsection (1), the Chief Investigator is taken to have made a decision to affirm the reviewable decision.\n\n","sortOrder":131},{"sectionNumber":"102","sectionType":"section","heading":"Review by VCAT","content":"\t102 Review by VCAT\n\n(1) A person may apply to VCAT for review of—\n\nS. 102(1)(a) amended by Nos 34/2023 s. 127(Sch. 1 item 18.31), 25/2025 s. 74(a).\n\n(a) a reviewable decision made by Safe Transport Victoria or the Chief Investigator, Transport Safety; or\n\nS. 102(1)(b) amended by Nos 34/2023 s. 127(Sch. 1 item 18.31), 25/2025 s. 74(b).\n\n(b) a decision made, or taken to have been made, by Safe Transport Victoria under section 100 in respect of a reviewable decision (including a decision concerning a stay of the operation of the reviewable decision); or\n\nS. 102(1)(c) inserted by No. 25/2025 s. 74(c).\n\n(c) a decision made, or taken to have been made, by the Chief Investigator under section 101A in respect of a reviewable decision (including a decision concerning a stay of the operation of the reviewable decision)—\n\nif the person is an eligible person in relation to the reviewable decision.\n\n(2) The application must be made—\n\n(a) within 28 days after the day on which the decision first came to the applicant's notice; or\n\nS. 102(2)(b) amended by No. 34/2023 s. 127(Sch. 1 item 18.31).\n\n(b) if Safe Transport Victoria is required by the **Victorian Civil and Administrative Tribunal Act 1998** to give the applicant a statement of reasons, within 28 days after the day on which the applicant is given the statement—\n\nwhichever period ends last.\n\nPart 6—General liability and court processes\n\nDivision 1—General matters\n\n\t103 Offence to give false or misleading information\n\nS. 103(1) amended by No. 41/2019 s. 71.\n\n(1) A person must not give information in complying or purportedly complying with this Act or a transport safety law or a direction or requirement under this Act or a transport safety law that the person knows—\n\n(a) to be false or misleading in a material particular; or\n\n(b) omits any matter or thing without which the information is misleading.\n\nS. 103(2) amended by No. 41/2019 s. 71.\n\n(2) A person must not produce a document in complying or purportedly complying with this Act or a transport safety law or a direction or requirement under this Act or a transport safety law that the person knows to be false or misleading in a material particular without—\n\n(a) indicating the respect in which it is false or misleading and, if practicable, providing correct information; or\n\n(b) accompanying the document with a written certificate—\n\n(i) stating that the document is, to the knowledge of the first mentioned person, false or misleading in a material particular; and\n\n(ii) setting out, or referring to, the material particular in which the document is, to the knowledge of the first mentioned person, false or misleading.\n\n(3) A person must not recklessly give information or produce a document in complying or purportedly complying with—\n\nS. 103(3)(a) amended by No. 41/2019 s. 71.\n\n(a) this Act or a transport safety law; or\n\nS. 103(3)(b) amended by No. 41/2019 s. 71.\n\n(b) a direction or requirement under this Act or a transport safety law—\n\nthat is false or misleading in a material particular.\n\nS. 103(4) amended by No. 25/2025 s. 75.\n\n(4) Subsection (1), (2) or (3) do not apply to information to which section 41, 43, 49ZM or 49ZN apply.\n\nDivision 2—Director and officer criminal liability\n\n","sortOrder":132},{"sectionNumber":"104","sectionType":"section","heading":"Criminal liability of officers of bodies corporate—failure to exercise due diligence","content":"\t104 Criminal liability of officers of bodies corporate—failure to exercise due diligence\n\n(1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate.\n\n(2) For the purposes of subsection (1), the following provisions are specified—\n\n(a) section 8(3);\n\n(b) section 22(6);\n\n(c) section 29(4);\n\n(d) section 43(2);\n\nS. 104(2)(da) inserted by No. 25/2025 s. 76.\n\n(da) section 49D(2);\n\nS. 104(2)(db) inserted by No. 25/2025 s. 76.\n\n(db) section 49R(5);\n\nS. 104(2)(dc) inserted by No. 25/2025 s. 76.\n\n(dc) section 49ZA(4);\n\nS. 104(2)(dd) inserted by No. 25/2025 s. 76.\n\n(dd) section 49ZN(2);\n\n(e) section 58(1);\n\n(f) section 63(1);\n\n(g) section 73;\n\n(h) section 86;\n\n(i) section 90(4);\n\nS. 104(2)(j) repealed by No. 41/2019 s. 72.\n\n(k) section 103(1), (2) or (3);\n\n(l) section 110(9);\n\n(m) section 111(5);\n\n(n) section 126.\n\n(3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to—\n\n(a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and\n\n(b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and\n\n(c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and\n\n(d) any other relevant matter.\n\n(4) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.\n\n(5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.\n\n(6) In this section—\n\n***body corporate*** has the same meaning as corporation has in section 57A of the Corporations Act;\n\n***officer*** in relation to a body corporate means—\n\n(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or\n\n(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.\n\nDivision 3—Proceedings and evidentiary provisions\n\nS. 105 (Heading) amended by No. 41/2019 s. 73(1).\n\n","sortOrder":133},{"sectionNumber":"105","sectionType":"section","heading":"Who may commence proceedings for offences against this Act or a transport safety law","content":"\t105 Who may commence proceedings for offences against this Act or a transport safety law\n\nS. 105(1) amended by No. 41/2019 s. 73(2)(a).\n\n(1) A proceeding under this Act or a transport safety law (including a proceeding for an offence against this Act or a transport safety law) may only be commenced by—\n\nS. 105(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.32).\n\nS. 105(1)(b) amended by No. 34/2023 s. 127(Sch. 1 item 18.32).\n\n(b) a transport safety officer with the written authorisation of Safe Transport Victoria (either generally or in a particular case); or\n\n(c) a police officer.\n\n(2) An authorisation under subsection (1)(b) is sufficient authority to continue a proceeding in any case where the court amends the charge-sheet, warrant or summons.\n\n(3) A transport safety officer who commences a proceeding may conduct the proceeding before the court.\n\n(4) Without limiting section 328 of the **Criminal Procedure Act 2009**, the person commencing a proceeding under subsection (1) may appear—\n\nS. 105(4)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.32).\n\n(a) by another person authorised by Safe Transport Victoria; or\n\n(b) even if the informant is not a police officer, by a police prosecutor.\n\nS. 105(5) amended by No. 41/2019 s. 73(2)(b).\n\n(5) Despite subsection (1), the Director of Public Prosecutions may commence a proceeding for an indictable offence against this Act or a transport safety law.\n\nS. 106 (Heading) amended by No. 41/2019 s. 74(1).\n\nS. 106 amended by No. 41/2019 s. 74(2).\n\n","sortOrder":134},{"sectionNumber":"106","sectionType":"section","heading":"Limited period for prosecution of transport safety law indictable offences","content":"\t106 Limited period for prosecution of transport safety law indictable offences\n\nA proceeding for an indictable offence against this Act or a transport safety law may be commenced—\n\nS. 106(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.33).\n\n(a) within 3 years after the offence is committed or Safe Transport Victoria becomes aware the offence was committed; or\n\n(b) at any time with the written authorisation of the Director of Public Prosecutions.\n\nS. 107 (Heading) amended by No. 41/2019 s. 75(1).\n\n","sortOrder":135},{"sectionNumber":"107","sectionType":"section","heading":"Evidentiary certificates—this Act or transport safety laws","content":"\t107 Evidentiary certificates—this Act or transport safety laws\n\nS. 107(1) amended by Nos 41/2019 s. 75(2)(a), 34/2023 s. 127(Sch. 1 item 18.34), 25/2025 s. 77(1).\n\n(1) In any proceeding for an offence against this Act (other than Part 2A) or a transport safety law, a certificate signed, or purporting to be signed, by Safe Transport Victoria or a transport safety officer stating any of the following matters is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated—\n\nS. 107(1)(a) amended by Nos 41/2019 s. 75(2)(b), 25/2025 s. 77(1).\n\n(a) a stated document is one of the following things made, given, served or issued under a transport safety law or regulations made under a transport safety law, or this Act (other than Part 2A)—\n\n(i) an appointment or a decision;\n\n(ii) a notice, notification, direction or requirement;\n\nS. 107(1)(a)(iii) amended by Nos 41/2019 s. 75(2)(c), 30/2021 s. 100(1).\n\n(iii) an accreditation or an exemption;\n\n(b) a stated document is one of the following things served—\n\n(i) an improvement notice or an amendment to an improvement notice already served;\n\n(ii) a prohibition notice or an amendment to a prohibition notice already served;\n\n(iii) a clearance certificate served under section 56;\n\n(iv) a certificate served under section 66;\n\n(v) a non-disturbance notice or a subsequent non-disturbance notice;\n\n(c) a stated document is a copy of a thing referred to in paragraph (a) or (b);\n\n(d) on a stated day, or during a stated period, a stated person—\n\nS. 107(1)(d)(i) amended by Nos 41/2019 s. 75(2)(d), 30/2021 s. 100(2).\n\n(i) was or was not an accredited bus operator; or\n\n(ii) held or did not hold an exemption;\n\nS. 107(1)(e) amended by Nos 41/2019 s. 75(2)(e), 30/2021 s. 100(3).\n\n(e) on a stated day, or during a stated period, an accreditation or an exemption—\n\n(i) was or was not in force or effect; or\n\n(ii) was or was not subject to a stated term, condition, limitation or restriction;\n\nS. 107(1)(f) amended by No. 41/2019 s. 75(2)(e).\n\n(f) on a stated day, or during a stated period, an accreditation or an exemption was suspended;\n\n(g) on a stated day an accreditation was cancelled, varied or surrendered;\n\nS. 107(1)(h) repealed by No. 41/2019 s. 75(2)(f).\n\n(i) on a stated day an exemption was varied or revoked or surrendered;\n\n(j) on a stated day a condition or restriction on an accreditation or exemption was varied or revoked;\n\n(k) on a stated day or during a stated period, an appointment as a transport safety officer was, or was not, in force for a stated person;\n\nS. 107(1)(l) amended by Nos 41/2019 s. 75(2)(g), 25/2025 s. 77(1).\n\n(l) on a stated day a stated person was given a stated notice, notification or direction under this Act (other than Part 2A) or a transport safety law;\n\n(m) on a stated day a person was served—\n\n(i) an improvement notice, prohibition notice or non-disturbance notice; or\n\n(ii) an amendment to an improvement notice or prohibition notice already served;\n\n(n) on a stated day—\n\n(i) an improvement notice was cancelled; or\n\n(ii) a prohibition notice was withdrawn;\n\n(o) on a stated day a clearance certificate under section 56 was served;\n\n(p) on a stated day a certificate under section 66 was served;\n\n(q) on a stated day a stated requirement was made of a stated person;\n\nS. 107(1)(r) substituted by No. 41/2019 s. 75(2)(h).\n\n(r) that a stated amount is payable under the **Bus Safety Act 2009** or the **Marine Safety Act 2010** by a stated person and has not been paid.\n\nS. 107(1A) inserted by No. 25/2025 s. 77(2).\n\n(1A) In a proceeding for an offence against Part 2A, a certificate signed, or purporting to be signed, by the Chief Investigator stating any of the following matters is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated—\n\n(a) a stated document is one of the following things made, given, served or issued under this Act—\n\n(i) a notice or notification under section 49B, 49C, 49S, 49ZA, 49ZE, 49ZI or 101B;\n\n(ii) a direction under section 49E, 49F, 49M, 49R, 49ZB, 49ZN or 49ZO;\n\n(iii) a requirement under section 49ZM;\n\n(iv) a warning under section 49U;\n\n(b) a stated document is a copy of a thing referred to in paragraph (a).\n\nS. 107(2) substituted by No. 41/2019 s. 75(3).\n\n***accreditation*** means an accreditation within the meaning of the **Bus Safety Act 2009**;\n\nS. 107(2) def. of *bus registration* repealed by No. 30/2021 s. 100(4)(a).\n\nS. 107(2) def. of *exemption* amended by No. 30/2021 s. 100(4)(b).\n\n***exemption*** means an exemption under Division 7 of Part 4 of the **Bus Safety Act 2009**.\n\nDivision 4—Court based sanctions\n\n","sortOrder":136},{"sectionNumber":"108","sectionType":"section","heading":"Definitions","content":"\t108 Definitions\n\nS. 108 def. of *Australian rail safety law* repealed by No. 41/2019 s. 76(a).\n\nS. 108 def. of *bus law* inserted by No. 41/2019 s. 76(b).\n\n***bus law*** means a provision of the **Bus Safety Act 2009** or any regulations made under that Act;\n\nS. 108 def. of *marine law* inserted by No. 41/2019 s. 76(b).\n\n***marine law*** means—\n\n(a) a provision of the **Marine Safety Act 2010** or any regulations made under that Act; or\n\n(b) a provision of the **Marine (Drug, Alcohol and Pollution Control) Act 1988** or any regulations made under that Act.\n\nS. 108 def. of *relevant law* repealed by No. 41/2019 s. 76(a).\n\nS. 108 def. of *relevant marine law* repealed by No. 41/2019 s. 76(a).\n\n","sortOrder":137},{"sectionNumber":"109","sectionType":"section","heading":"Commercial benefits order","content":"\t109 Commercial benefits order\n\nS. 109(1) amended by Nos 41/2019 s. 77, 34/2023 s. 127(Sch. 1 item 18.35).\n\n(1) A court that finds a person guilty of an offence against this Act or a bus law may, on the application of the prosecutor or Safe Transport Victoria, make an order under this section.\n\n(2) The court may make a commercial benefits order requiring the person to pay, as a fine, an amount not exceeding 3 times the amount estimated by the court to be the gross commercial benefit that—\n\n(a) was received or receivable, by the person or by an associate of the person, from commission of the offence; and\n\n(b) in the case of a journey that was interrupted or not commenced because of action taken by a transport safety officer in connection with commission of the offence, would have been received or receivable, by the person or by an associate of the person—from commission of the offence had the journey been completed.\n\n(3) In estimating the gross commercial benefit that was or would have been received or receivable from commission of the offence, the court may take into account—\n\n(a) benefits of any kind, whether monetary or otherwise; and\n\n(b) monetary savings or a reduction in any operating or capital expenditure of any kind achieved because of commission of the offence; and\n\n(c) any other matters that it considers relevant, including (for example)—\n\n(i) the value per tonne or per kilometre of the carriage of the goods involved in the offence as freight; and\n\n(ii) the distance over which any such goods were or were to be carried.\n\n(4) However, in estimating the gross commercial benefit that was or would have been received or receivable from commission of the offence, the court is required to disregard any costs, expenses or liabilities incurred by the person or by an associate of the person.\n\n(5) Nothing in this section prevents the court from ordering payment of an amount that is—\n\n(a) less than 3 times the estimated gross commercial benefit; or\n\n(b) less than the estimated gross commercial benefit.\n\n(6) For the purposes of this section, a person is an ***associate*** of another if—\n\n(a) one is a spouse, de facto partner, parent, brother, sister or child of the other; or\n\n(b) they are members of the same household; or\n\n(c) they are partners; or\n\n(d) they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or\n\n(e) one is a body corporate and the other is a director or member of the governing body of the body corporate; or\n\n(f) one is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or\n\n(g) they are related bodies corporate within the meaning of the Corporations Act; or\n\n(h) a chain of relationships can be traced between them under any one or more of the above paragraphs.\n\n(7) For the purposes of subsection (6), a beneficiary of a trust includes an object of a trust.\n\n","sortOrder":138},{"sectionNumber":"110","sectionType":"section","heading":"Supervisory intervention order","content":"\t110 Supervisory intervention order\n\nS. 110(1) amended by Nos 41/2019 s. 78(a), 34/2023 s. 127(Sch. 1 item 18.36).\n\n(1) A court that finds a person guilty of an offence against this Act or a bus law may, on the application of the prosecutor or Safe Transport Victoria, if the court considers the person to be a systematic or persistent offender against this Act or a bus law, make an order under this section.\n\n(2) The court may make a supervisory intervention order requiring the person (at the person's own expense and for a specified period not exceeding one year) to do all or any of the following—\n\nS. 110(2)(a) amended by No. 41/2019 s. 78(a).\n\n(a) to do specified things that the court considers will improve the person's compliance with this Act or a bus law or specified aspects of this Act or a bus law, including (for example) the following—\n\n(i) appointing or removing staff to or from particular activities or positions;\n\n(ii) training and supervising staff;\n\n(iii) obtaining expert advice as to maintaining appropriate compliance;\n\n(iv) installing monitoring, compliance, managerial or operational equipment;\n\n(v) implementing monitoring, compliance, managerial or operational practices, systems or procedures;\n\nS. 110(2)(b) amended by No. 34/2023 s. 127(Sch. 1 item 18.36).\n\n(b) to conduct specified monitoring, compliance, managerial or operational practices, systems or procedures subject to the direction of Safe Transport Victoria or a person nominated by Safe Transport Victoria;\n\nS. 110(2)(c) amended by No. 34/2023 s. 127(Sch. 1 item 18.36).\n\n(c) to furnish compliance reports to Safe Transport Victoria or the court or both as specified in the order;\n\n(d) to appoint a person to have responsibilities—\n\nS. 110(2)(d)(i) amended by No. 41/2019 s. 78(a).\n\n(i) to assist the person in improving compliance with this Act or the bus law or specified aspects of this Act or the bus law; and\n\nS. 110(2)(d)(ii) amended by No. 41/2019 s. 78(a).\n\n(ii) to monitor the person's performance in complying with this Act or the bus law or specified aspects of this Act or the bus law and in complying with the requirements of the order; and\n\nS. 110(2)(d)(iii) amended by No. 34/2023 s. 127(Sch. 1 item 18.36).\n\n(iii) to furnish compliance reports to Safe Transport Victoria or the court or both as specified in the order.\n\n(3) The court may specify matters that are to be dealt with in compliance reports and the form and manner in which, and frequency with which, compliance reports are to be prepared and furnished.\n\n(4) The court may require that compliance reports or aspects of compliance reports be made public, and may specify the form and manner in which, and frequency with which, they are to be made public.\n\nS. 110(5) amended by No. 41/2019 s. 78(b).\n\n(5) The court may only make a supervisory intervention order if it is satisfied that the order is capable of improving the person's ability or willingness to comply with this Act or the bus law, having regard to, as the case requires—\n\nS. 110(5)(a) amended by No. 41/2019 s. 78(c).\n\n(a) the offences against this Act or a bus law of which the person has been previously found guilty;\n\nS. 110(5)(b) amended by No. 41/2019 s. 78(c).\n\n(b) the offences against this Act or a bus law for which the person has been proceeded against by way of unwithdrawn expiation notices or infringement notices;\n\n(c) any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with, as the case requires—\n\nS. 110(5)(c)(i) repealed by No. 41/2019 s. 78(d).\n\n(ii) bus services.\n\n(6) For the purposes of subsection (5)(b), the court may have regard to—\n\nS. 110(6)(a) amended by No. 41/2019 s. 78(e).\n\n(a) an infringement notice that has been served on the person in relation to an offence under corresponding interstate bus law that—\n\n(i) has not been withdrawn or cancelled; and\n\n(ii) is not taken to be a charge in relation to the offence by operation of section 40(1)(b) of the **Infringements Act 2006**; and\n\n(b) an infringement notice of the kind referred to in paragraph (a) that has been served on the person in relation to an offence referred to in that paragraph in relation to which information lodged under section 71(1)(a) of the **Infringements Act 2006** is not taken to be a charge by operation of section 71(1)(b) of that Act; and\n\n(c) in relation to an infringement notice referred to in paragraph (a) or (b)—\n\n(i) the nature and gravity of the infringement offence for which the infringement notice was served; and\n\n(ii) when the infringement offence for which the infringement notice was served was alleged to have been committed; and\n\n(iii) whether the infringement offence for which the infringement notice was served still exists; and\n\n(iv) the age of the person at the time of the infringement offence for which the infringement notice was served; and\n\n(v) the person's behaviour since the alleged commission of the infringement offence for which the infringement notice was served; and\n\n(vi) the likelihood of the person committing another infringement offence for which the infringement notice was served; and\n\n(vii) whether the infringement offence for which the infringement notice was served has been expiated; and\n\n(viii) whether the decision to serve the infringement notice has been subject to internal review under Division 3 of Part 2 of the **Infringements Act 2006**; and\n\nS. 110(6)(c)(ix) amended by No. 34/2023 s. 127(Sch. 1 item 18.36).\n\n(ix) any information that the person has given Safe Transport Victoria in relation to the infringement notice, including reasons why the infringement penalty stated in the infringement notice was paid; and\n\n(x) any other matter that the court considers relevant.\n\n(7) The order may direct that any other penalty or sanction imposed for the offence by the court is suspended until the court determines that there has been a substantial failure to comply with the order.\n\n(8) A court that has power to make supervisory intervention orders may revoke or amend a supervisory intervention order on the application of—\n\nS. 110(8)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.36).\n\n(b) the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment.\n\n(9) A person who is subject to a requirement of a supervisory intervention order must not engage in conduct that results in a contravention of the requirement.\n\n(10) In this section—\n\nS. 110(10) def. of *compliance report* amended by No. 41/2019 s. 78(f)(i).\n\n***compliance report***, in relation to a person in respect of whom a supervisory intervention order is made, means a report relating to—\n\n(a) the performance of the person in complying with—\n\n(i) this Act or the bus law or specified aspects of this Act or the bus law specified in the order; and\n\n(ii) the requirements of the order; and\n\n(b) without limiting the above—\n\n(i) things done by the person to ensure that any failure by the person to comply with this Act or the bus law or specified aspects of this Act or the bus law does not continue; and\n\n(ii) the results of those things having been done;\n\nS. 110(10) def. of *corres-ponding interstate bus law* inserted by No. 41/2019 s. 78(f)(iii).\n\n***corresponding interstate bus law*** means a law of the Commonwealth, another State or a Territory that corresponds or substantially corresponds to a bus law.\n\nS. 110(10) def. of *corres-ponding interstate law* repealed by No. 41/2019 s. 78(f)(ii).\n\n","sortOrder":139},{"sectionNumber":"111","sectionType":"section","heading":"Exclusion orders","content":"\t111 Exclusion orders\n\nS. 111(1) amended by Nos 41/2019 s. 79(1), 34/2023 s. 127(Sch. 1 item 18.37).\n\n(1) A court that finds a person guilty of an offence against this Act or a bus law may, on the application of the prosecutor or Safe Transport Victoria, if the court considers the person to be a systematic or persistent offender against this Act or a bus law, make an order under this section.\n\nS. 111(2) amended by No. 41/2019 s. 79(2)(a).\n\n(2) For the purpose of restricting opportunities for the person to commit or be involved in the commission of further offences against this Act or a bus law, the court may, if it considers it appropriate to do so, make an exclusion order prohibiting the person, for a specified period, from—\n\nS. 111(2)(a) repealed by No. 41/2019 s. 79(2)(b).\n\n(b) providing, or managing the provision of, bus services; or\n\n(c) being a director, secretary or officer concerned in the management of a body corporate involved in—\n\nS. 111(2)(c)(i) repealed by No. 41/2019 s. 79(2)(b).\n\nS. 111(2)(c)(ii) amended by No. 41/2019 s. 79(2)(c).\n\n(ii) providing, or managing the provision of, bus services in this jurisdiction.\n\nS. 111(2)(d) repealed by No. 41/2019 s. 79(2)(d).\n\n(3) The court may only make an order under this section if it is satisfied that the person should not continue the things the subject of the proposed order and that a supervisory intervention order is not appropriate, having regard to—\n\nS. 111(3)(a) amended by No. 41/2019 s. 79(3)(a).\n\n(a) the offences against this Act or a bus law of which the person has previously been found guilty; and\n\nS. 111(3)(b) amended by No. 41/2019 s. 79(3)(a).\n\n(b) the offences against this Act or a bus law for which the person has been proceeded against by way of unwithdrawn expiation notices or infringement notices; and\n\nS. 111(3)(c) amended by No. 41/2019 s. 79(3)(b).\n\n(c) any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with the provision of bus services.\n\n(4) A court that has power to make an exclusion order may revoke or amend an exclusion order on the application of—\n\nS. 111(4)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.37).\n\n(b) the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment.\n\n(5) A person who is subject to an exclusion order must not engage in conduct that results in a contravention of the order.\n\nPenalty: In the case of a natural person $20 000;\n\n","sortOrder":140},{"sectionNumber":"112","sectionType":"section","heading":"Adverse publicity order","content":"\t112 Adverse publicity order\n\nS. 112(1) amended by Nos 41/2019 s. 80, 34/2023 s. 127(Sch. 1 item 18.38).\n\n(1) A court that finds a person guilty of an offence against this Act, a bus law or marine law may, on the application of the prosecutor, Safe Transport Victoria, make an order under this section.\n\n(2) The court may make an adverse publicity order requiring the offender to do all or any of the following—\n\n(a) to take either or both of the following actions within the period specified in the order—\n\n(i) to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;\n\nS. 112(2)(a)(ii) amended by No. 25/2025 s. 78.\n\n(ii) to notify a person or class of person specified in the order, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n\nS. 112(2)(b) amended by No. 34/2023 s. 127(Sch. 1 item 18.38).\n\n(b) to give, Safe Transport Victoria within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.\n\n(3) The court may make an order under this section in addition to—\n\n(a) imposing a penalty on the offender; or\n\n(b) making any other order that the court may make in relation to the offence.\n\n(4) This section does not limit a court's powers under any other provision of this Act.\n\n","sortOrder":141},{"sectionNumber":"113","sectionType":"section","heading":"Release on the giving of a safety undertaking","content":"\t113 Release on the giving of a safety undertaking\n\nS. 113(1) amended by No. 41/2019 s. 81.\n\n(1) If a court convicts a person or finds a person guilty of an offence against this Act or a bus law the court may (with or without recording a conviction) adjourn the proceeding for a period of up to 2 years and make an order for the release of the offender on the offender giving an undertaking with specified conditions.\n\n(2) An undertaking must specify the following conditions—\n\n(a) that the offender appears before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned;\n\nS. 113(2)(b) amended by No. 41/2019 s. 81.\n\n(b) that the offender does not commit, during the period of the adjournment, any offence against this Act or a bus law;\n\n(c) that the offender observes any special conditions imposed by the court.\n\n(3) Without limiting subsection (2)(c), the court may impose on an offender special conditions that the offender—\n\nS. 113(3)(a) amended by Nos 68/2017 s. 120, 34/2023 s. 127(Sch. 1 item 18.39).\n\n(a) engage a consultant, who is approved in writing by Safe Transport Victoria, to advise on or assist with safety matters; or\n\nS. 113(3)(b) amended by No. 68/2017 s. 120.\n\n(b) develop and implement a systematic approach to managing risks to safety that arise or may arise in the conduct of the offender's undertaking; or\n\nS. 113(3)(c) amended by No. 34/2023 s. 127(Sch. 1 item 18.39).\n\n(c) arrange for the carrying out of an audit of the offender's undertaking in relation to safety by an independent person who is approved in writing by Safe Transport Victoria.\n\n(4) An offender who has given an undertaking under this section may be called on to appear before the court—\n\n(a) by order of the court; or\n\n(b) by notice issued by the proper officer (within the meaning of section 72(4) of the **Sentencing Act 1991**) of the court.\n\n(5) An order or notice under subsection (4) must be served on the offender not less than 4 days before the time specified in it for the appearance.\n\n(6) If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the undertaking, it must discharge the offender without any further hearing of the proceeding.\n\n(7) The court may make an order under this section in relation to an offender in addition to or instead of—\n\n(a) imposing a penalty on the offender; or\n\n(b) making any other order that the court may make in relation to the offence.\n\n","sortOrder":142},{"sectionNumber":"114","sectionType":"section","heading":"Variation or contravention of orders under section 113","content":"\t114 Variation or contravention of orders under section 113\n\nSection 78 and Part 3C of the **Sentencing Act 1991** (and any definitions in that Act of terms used in that section or Part) apply to an order under section 113 of this Act for the release of an offender as though they were incorporated into this Act and as though—\n\n(a) a reference to Subdivision (2) or (3) were instead a reference to section 99 of this Act; and\n\n(b) a reference to section 72 or 75 were a reference to section 113 of this Act; and\n\nS. 114(c) amended by No. 34/2023 s. 127(Sch. 1 item 18.40).\n\n(c) a reference to a prescribed person, a member of a prescribed class of persons, the informant or a police prosecutor were instead a reference to Safe Transport Victoria; and\n\n(d) the reference in section 83AC of the **Sentencing Act 1991** to a level 10 fine were instead a reference to a fine not exceeding 10 penalty units for a natural person or 50 penalty units for a body corporate; and\n\n(e) any other necessary modifications were made.\n\nPt 7 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 18.41).\n\n","sortOrder":143},{"sectionNumber":"Part 7","sectionType":"part","heading":"Safe Transport Victoria and transport safety officers","content":"Part 7—Safe Transport Victoria and transport safety officers\n\nPt 7 Div. 1 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 18.42).\n\nDivision 1—Safe Transport Victoria\n\nS. 115 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 18.43).\n\n","sortOrder":144},{"sectionNumber":"115","sectionType":"section","heading":"Chief Executive of Safe Transport Victoria has functions and powers of a transport safety officer","content":"\t115 Chief Executive of Safe Transport Victoria has functions and powers of a transport safety officer\n\nS. 115(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.44).\n\n(1) The Chief Executive of Safe Transport Victoria has all the functions and powers that a transport safety officer has under this Act.\n\nS. 115(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.44).\n\n(2) Accordingly, a reference in this Act to a ***transport safety officer*** includes a reference to the Chief Executive of Safe Transport Victoria.\n\n(3) Subsection (2) applies unless the context otherwise requires.\n\nDivision 2—Transport safety officers\n\nSubdivision 1—Appointment\n\n\t116 Appointment\n\nS. 116(1) amended by Nos 41/2019 s. 82, 34/2023 s. 127(Sch. 1 item 18.45).\n\n(1) Safe Transport Victoria, by instrument, may appoint as a transport safety officer any person who is suitably qualified or trained to exercise the powers of a transport safety officer under this Act or a transport safety law.\n\nA person appointed under subsection (1) may but need not be a person employed in the Department under Part 3 of the **Public Administration Act 2004**.\n\n(2) An appointment under subsection (1) is for a term, and subject to the conditions, specified in the instrument.\n\n(3) Without limiting the conditions to which the appointment of a transport safety officer may be subject, a condition may specify one or more of the following—\n\nS. 116(3)(a) amended by No. 41/2019 s. 82.\n\n(a) the functions and powers under this Act or a transport safety law that may not be performed or exercised by the transport safety officer;\n\nS. 116(3)(b) amended by No. 41/2019 s. 82.\n\n(b) the only functions and powers under this Act or a transport safety law that may be performed or exercised by the transport safety officer;\n\nS. 116(3)(c) amended by No. 41/2019 s. 82.\n\n(c) the circumstances or manner in which a function or power under this Act or a transport safety law may be performed or exercised by the transport safety officer.\n\n(4) To avoid doubt, a transport safety officer is an officer of the State.\n\n","sortOrder":145},{"sectionNumber":"117","sectionType":"section","heading":"Identity cards","content":"\t117 Identity cards\n\nS. 117(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.46).\n\n(1) Safe Transport Victoria must issue an identity card to a transport safety officer appointed under section 116.\n\n(2) An identity card must—\n\n(a) state the transport safety officer's name and their appointment as a transport safety officer; and\n\n(b) include any other matter that is prescribed.\n\nS. 118 amended by No. 34/2023 s. 127(Sch. 1 item 18.47).\n\n","sortOrder":146},{"sectionNumber":"118","sectionType":"section","heading":"Return of identity cards","content":"\t118 Return of identity cards\n\nIf a person to whom an identity card has been issued ceases to be a transport safety officer, the person must return the identity card to Safe Transport Victoria as soon as practicable.\n\n","sortOrder":147},{"sectionNumber":"119","sectionType":"section","heading":"Production of identity card","content":"\t119 Production of identity card\n\n(1) A transport safety officer must produce his or her identity card for inspection—\n\nS. 119(1)(a) amended by No. 41/2019 s. 82.\n\n(a) before exercising a power under this Act or a transport safety law; or\n\nS. 119(1)(b) amended by No. 41/2019 s. 82.\n\n(b) if asked to do so by any person at any time during the exercise of a power under this Act or a transport safety law.\n\n(2) However, a transport safety officer need not produce his or her identity card when asked to do so if—\n\n(a) the officer reasonably believes that the production of his or her identity card would—\n\n(i) affect the safety or welfare of any person; or\n\nS. 119(2)(a)(ii) amended by No. 41/2019 s. 82.\n\n(ii) frustrate the effective exercise of a power under this Act or a transport safety law; or\n\nS. 119(2)(b) amended by No. 41/2019 s. 82.\n\n(b) the request to produce his or her identity card is made by a person to whom the officer has already produced that identity card on the same day before exercising a power under this Act or a transport safety law.\n\nS. 119(3) amended by No. 41/2019 s. 82.\n\n(3) Any action taken or thing done by a transport safety officer under this Act or a transport safety law is not invalidated by his or her failure to produce his or her identity card.\n\n","sortOrder":148},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Functions and powers of transport safety officers","content":"Subdivision 2—Functions and powers of transport safety officers\n\n","sortOrder":149},{"sectionNumber":"120","sectionType":"section","heading":"Functions and powers","content":"\t120 Functions and powers\n\n(1) A transport safety officer has the functions and powers conferred on a transport safety officer under—\n\n(a) this Act; and\n\nS. 120(1)(b) amended by No. 41/2019 s. 82.\n\n(b) a transport safety law.\n\n(2) In addition, a transport safety officer has the following functions—\n\nS. 120(2)(a) amended by No. 41/2019 s. 82.\n\n(a) to provide information and advice about compliance with this Act or a transport safety law;\n\nS. 120(2)(b) amended by No. 41/2019 s. 82.\n\n(b) to require compliance with this Act or a transport safety law through the issuing of notices;\n\nS. 120(2)(c) amended by No. 41/2019 s. 82.\n\n(c) to investigate contraventions of this Act or a transport safety law;\n\nS. 120(2)(d) amended by No. 41/2019 s. 82.\n\n(d) to assist in the prosecution of offences against this Act or a transport safety law.\n\nS. 120(3) inserted by No. 19/2022 s. 84.\n\n(3) Without limiting subsection (1) or (2), a transport safety officer has the following functions—\n\n(a) to provide information and advice about compliance with a harbour master licence;\n\n(b) to require compliance with a harbour master licence;\n\n(c) to investigate alleged contraventions of a harbour master licence;\n\n(d) to assist in the prosecution of offences relating to the alleged contraventions of a harbour master licence.\n\nS. 121 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 18.48).\n\n","sortOrder":150},{"sectionNumber":"121","sectionType":"section","heading":"Transport safety officers subject to Safe Transport Victoria's direction","content":"\t121 Transport safety officers subject to Safe Transport Victoria's direction\n\nS. 121(1) amended by Nos 41/2019 s. 82, 34/2023 s. 127(Sch. 1 item 18.49).\n\n(1) Safe Transport Victoria may give a direction to a transport safety officer in relation to that officer's performance or exercise of a function or power under this Act or a transport safety law.\n\n(2) A direction under subsection (1) may—\n\n(a) be of general nature;\n\n(b) relate to a specified matter or class of matter.\n\nS. 122 amended by No. 41/2019 s. 82.\n\n","sortOrder":151},{"sectionNumber":"122","sectionType":"section","heading":"Transport safety officer may take affidavits","content":"\t122 Transport safety officer may take affidavits\n\nA transport safety officer is authorised to take affidavits for any purpose relating or incidental to the performance or exercise of his or her functions or powers under this Act or a transport safety law.\n\n","sortOrder":152},{"sectionNumber":"123","sectionType":"section","heading":"Attendance of transport safety officer at inquiries","content":"\t123 Attendance of transport safety officer at inquiries\n\nA transport safety officer may participate in any inquiry into—\n\nS. 123(a) amended by No. 41/2019 s. 83(a).\n\n(a) the cause of any death or injury of a person while carrying out, as the case requires, bus safety work or marine safety work; or\n\nS. 123(b) amended by No. 41/2019 s. 83(b).\n\n(b) any other incident or event relevant to safety at bus premises or marine premises, or on a bus or vessel.\n\n","sortOrder":153},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Offences in relation to transport safety officers","content":"Subdivision 3—Offences in relation to transport safety officers\n\nS. 124 amended by Nos 41/2019 s. 84, 30/2021 s. 101 (ILA s. 39B(1)).\n\n","sortOrder":154},{"sectionNumber":"124","sectionType":"section","heading":"Offence to hinder or obstruct transport safety officer","content":"\t124 Offence to hinder or obstruct transport safety officer\n\n(1) A person must not intentionally hinder or obstruct a transport safety officer in exercising his or her powers under this Act or a transport safety law, or induce or attempt to induce any other person to do so.\n\nS. 124(2) inserted by No. 30/2021 s. 101.\n\n***transport safety officer*** does not include a person appointed as a transport safety officer who is also an authorised officer within the meaning of the **Victorian Fisheries Authority Act 2016**.\n\nIn the case of a transport safety officer who is also an authorised officer within the meaning of the Victorian **Fisheries Authority Act 2016**, see section 45A of the **Victorian Fisheries Authority Act 2016**.\n\n","sortOrder":155},{"sectionNumber":"125","sectionType":"section","heading":"Offence to impersonate transport safety officer","content":"\t125 Offence to impersonate transport safety officer\n\nA person who is not a transport safety officer must not, in any way, hold himself or herself out to be a transport safety officer.\n\nS. 126 amended by No. 30/2021 s. 102 (ILA s. 39B(1)).\n\n","sortOrder":156},{"sectionNumber":"126","sectionType":"section","heading":"Offence to assault, threaten or intimidate transport safety officer","content":"\t126 Offence to assault, threaten or intimidate transport safety officer\n\n(1) A person must not directly or indirectly assault, threaten or intimidate, or attempt to assault, threaten or intimidate, a transport safety officer or a person assisting a transport safety officer.\n\nPenalty: In the case of a natural person, $50 000 or imprisonment for 2 years, or both;\n\nIn the case of a body corporate, $250 000.\n\nS. 126(2) inserted by No. 30/2021 s. 102.\n\n***transport safety officer*** does not include a person appointed as a transport safety officer who is also an authorised officer within the meaning of the **Victorian Fisheries Authority Act 2016**.\n\nIn the case of a transport safety officer who is also an authorised officer within the meaning of the **Victorian Fisheries Authority Act 2016**, see section 45A of the **Victorian Fisheries Authority Act 2016**.\n\n","sortOrder":157},{"sectionNumber":"Part 8","sectionType":"part","heading":"General","content":"Part 8—General\n\nS. 127 amended by No. 41/2019 s. 84.\n\n","sortOrder":158},{"sectionNumber":"127","sectionType":"section","heading":"Legal professional privilege","content":"\t127 Legal professional privilege\n\nNothing in this Act or a transport safety law requires a person to produce a document that would disclose information or otherwise provide information that is the subject of legal professional privilege.\n\n","sortOrder":159},{"sectionNumber":"128","sectionType":"section","heading":"Recovery of costs","content":"\t128 Recovery of costs\n\nS. 128(1) repealed by No. 41/2019 s. 85.\n\nS. 128(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.50).\n\n(2) Safe Transport Victoria may recover from a person with control or management of bus premises or marine premises or a bus or vessel as a debt due to Safe Transport Victoria, in a court of competent jurisdiction, the reasonable costs of—\n\n(a) entry and inspection of the premises under this Act; or\n\n(b) inspection of the bus or vessel under this Act.\n\n(3) To avoid doubt—\n\nS. 128(3)(a) repealed by No. 41/2019 s. 85.\n\n(b) subsection (2) does not apply to the costs of an inspection forming part of a safety audit conducted under section 20 of the **Bus Safety Act 2009**.\n\n","sortOrder":160},{"sectionNumber":"129","sectionType":"section","heading":"Corporations Act displacement","content":"\t129 Corporations Act displacement\n\nSection 111 is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D of that Act.\n\nSection 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\n\nS. 130 repealed by No. 41/2019 s. 86.\n\n","sortOrder":161},{"sectionNumber":"131","sectionType":"section","heading":"Service of documents","content":"\t131 Service of documents\n\nS. 131(1) amended by Nos 41/2019 s. 87, 25/2025 s. 79.\n\n(1) A notice or document required or authorised by or under this Act or a transport safety or infrastructure law to be given or served on a person may be served on the person—\n\n(a) by delivering it personally to the person; or\n\n(b) be sending it by post addressed to the person to the person's last known address; or\n\nS. 131(1)(c) amended by Nos 41/2019 s. 87, 30/2021 s. 103.\n\n(c) if the person holds an accreditation or has been granted an exemption, under a transport safety law—\n\n(i) by sending it by post addressed to the person to that person's address for service; or\n\n(ii) be left for the person at the person's address for service with someone apparently over the age of 16 years.\n\nS. 131(2) def. of *address for service* amended by No. 34/2023 s. 127(Sch. 1 item 18.51).\n\n***address for service*** of a person is the address last provided by the person in writing to Safe Transport Victoria as the address for service.\n\n","sortOrder":162},{"sectionNumber":"132","sectionType":"section","heading":"Regulations","content":"\t132 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) prescribing transport safety infringements for which a transport safety infringement notice may be served; and\n\n(b) in addition to the requirements of section 13 of the **Infringements Act 2006**, any particulars, not inconsistent with that Act, to be contained in a transport safety infringement notice; and\n\nS. 132(1)(c)(d) repealed by No. 41/2019 s. 88(a).\n\nS. 132(1)(e) amended by No. 41/2019 s. 88(b).\n\n(e) the penalty for any transport safety infringement; and\n\n(f) the form of a withdrawal notice; and\n\n(g) the method of service of a withdrawal notice; and\n\n(h) the form of the document setting out particulars of prior convictions or findings of guilt; and\n\n(i) the form of notices to be endorsed on the document setting out particulars of prior convictions; and\n\n(j) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations may—\n\n(a) provide that a transport safety infringement applies, or does not apply, at times, on days, in circumstances or at places identified in the regulations; and\n\n(b) provide that a transport safety infringement applies, or does not apply, to a person or a class of person, specified in the regulations; and\n\n(c) allow for a different amount of penalty for a transport safety infringement according to the circumstances in which the offence is committed or the extent of the contravention constituting the offence.\n\n(3) Regulations made under this section may—\n\n(a) be of general or of limited application; and\n\n(b) differ according to differences in time, place or circumstance; and\n\nS. 132(3)(c) amended by No. 25/2025 s. 80.\n\n(c) confer a discretionary authority or impose a duty on a person or class of person specified in the regulations; and\n\n(d) provide in a specified case or class of case for the exemption of persons or things from any of the provisions of this Act or the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and\n\n(e) impose a penalty not exceeding 20 penalty units for a contravention of the regulations.\n\n(4) Regulations made for the purposes of subsection (1)(a) or (b) must not be inconsistent with the **Infringements Act 2006**.\n\nPt 9  \n(Heading and ss 133–160) repealed by No. 27/2014 s. 160, new Pt 9 (Heading and new s. 133) inserted by No. 25/2025 s. 81.\n\n","sortOrder":163},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional and savings provisions","content":"Part 9—Transitional and savings provisions\n\nNew s. 133 inserted by No. 25/2025 s. 81.\n\n\t133 Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025—Active investigations of the Chief Investigator, Transport Safety\n\n(1) This section applies if the Chief Investigator has not completed an investigation into a transport safety matter (an ***active investigation***) immediately before the commencement day.\n\nSee section 182 of the **Transport Integration Act 2010**.\n\n(2) On and after the commencement day, Part 2A applies to an active investigation.\n\n(3) In addition, and without limiting section 16 of the **Interpretation of Legislation Act 1984**, anything done under Part V of the **Transport (Compliance and Miscellaneous) Act 1983** before the commencement day for the purposes of, or in relation to, an active investigation is, on that day, taken to have been done under Part 2A.\n\n***commencement day*** means the day on which Part 7 of the **Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025** comes into operation;\n\n***transport safety matter*** has the same meaning as in the **Transport Integration Act 2010**.\n\n═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 20 February 2014*\n\n *Legislative Council: 27 March 2014*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide a scheme for the enforcement of transport system safety legislation by re‑enacting, with modifications, provisions of the scheme under the **Transport (Compliance and Miscellaneous) Act 1983** for the enforcement of transport system safety legislation and adopting and adapting provisions from the Rail Safety National Law and for other purposes.\"\n\nThe **Transport (Safety Schemes Compliance and Enforcement) Act 2014** was assented to on 8 April 2014 and came into operation as follows:\n\nSections 1–5, 157 and 158 on 18 May 2014: Special Gazette (No. 148) 13 May 2014 page 1; sections 6–156, 159, 160 on 19 May 2014: Special Gazette (No. 148) 13 May 2014 page 2.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act 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.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Transport (Safety Schemes Compliance and Enforcement) Act 2014, No. 27/2014**\n\n| *Assent Date:* | 8.4.14 |\n| *Commencement Date:* | S. 160 on 19.5.15: s. 160 |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** |\n\n**Fines Reform Act 2014, No. 47/2014** (as amended by No. 20/2015)\n\n| Assent Date: | 1.7.14 |\n| Commencement Date: | Ss 315, 316 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** |\n\n**Statute Law Revision Act 2015, No. 21/2015**\n\n| *Assent Date:* | 16.6.15 |\n| *Commencement Date:* | S. 3(Sch. 1 item 57) on 1.8.15: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** |\n\n**Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017, No. 68/2017**\n\n| *Assent Date:* | 19.12.17 |\n| *Commencement Date:* | Ss 109–120 on 20.12.17: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** |\n\n**Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019**\n\n| Assent Date: | 26.3.19 |\n| Commencement Date: | S. 39 on 27.3.19: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** |\n\n**Marine and Fisheries Legislation Amendment Act 2019, No. 35/2019**\n\n| Assent Date: | 22.10.19 |\n| Commencement Date: | S. 17 on 1.1.20: Special Gazette (No. 537) 17.12.19 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** |\n\n**Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019**\n\n| Assent Date: | 6.11.19 |\n| Commencement Date: | Ss 20–88 on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** |\n\n**Transport Legislation Miscellaneous Amendments Act 2021, No. 30/2021**\n\n| Assent Date: | 10.8.21 |\n| Commencement Date: | Ss 101, 102 on 3.11.21: Special Gazette (No. 578) 19.10.21 p. 1; ss 99, 100, 103 on 1.3.22: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** |\n\n**Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022**\n\n| Assent Date: | 24.5.22 |\n| Commencement Date: | Ss 83, 84 on 1.3.23: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** |\n\n**Transport Legislation Amendment Act 2023, No. 34/2023**\n\n| Assent Date: | 21.11.23 |\n| Commencement Date: | S. 127(Sch. 1 item 18) on 22.11.23: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** |\n\n**Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025**\n\n| Assent Date: | 5.8.25 |\n| Commencement Date: | S. 106(Sch. 1 item 48) on 6.8.25: s. 2(1); ss 65–81 on 1.1.26: Special Gazette (No. 672) 2.12.25 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Transport (Safety Schemes Compliance and Enforcement) Act 2014** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":164}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This version materially broadened the Act beyond its original enforcement‑only scheme by creating a separate, statutory investigative regime for the Chief Investigator (Part 2A, inserted 2025). Part 2A grants the Chief Investigator independent powers to enter public transport premises and rolling stock, seize and copy material, compel specified persons to produce documents and attend for questioning under oath (ss 49B; 49R; 49S), and to publish or disclose investigation materials for transport safety purposes subject to confidentiality limits (ss 49ZZA; 49ZZB–49ZZC). Those additions expanded the Act from primarily compliance and enforcement tools exercised by transport safety officers and Safe Transport Victoria to include standalone, independent investigation powers and associated reporting/confidentiality systems, increasing the Act's investigative reach and introducing parallel decision‑making channels and protections. The amendments also tightened and extended powers relating to seizure, compelled disclosure and administrative remedies, increasing regulatory discretion and the potential compliance burden on operators (see Parts 2, 2A and 3)."},"complexity_factors":["Extensive and densely cross‑referencing Interpretation section (s 3) with dozens of defined terms that import other Acts (Bus Safety Act 2009; Marine Safety Act 2010; Transport Integration Act 2010; Rail Safety National Law, Corporations Act etc.).","Large size and scope: 9 Parts and well over 150 substantive sections covering entry, warrants, seizure, notice regimes, judicial orders, evidentiary rules and institutional arrangements.","Two parallel investigatory regimes (Part 2 for transport safety officers and Part 2A for the Chief Investigator) with overlapping but different powers, procedures, penalties and admissibility rules — creates duplication and conditional logic.","Multiple notice types (improvement, prohibition, non‑disturbance) each with separate content, compliance, amendment, cancellation and review rules (Part 3), and differing penalty scales.","Numerous exceptions and limits (residential premises, safety exceptions to non‑disturbance, limits on force, warrant vs non‑warrant entry, 48‑hour detention limit and court extension) producing nested conditional rules (ss 11–12; 46–48; 20; 49G–49H).","Evidentiary complexity: statutory certificate regimes for both core Part and Part 2A (s 107 and s 107(1A)), non‑admissibility rules for compelled answers and reports (ss 23–24; 49T–49U; 49ZZD) with specific exceptions—requires careful legal drafting in prosecutions.","Wide range of sanctions: from infringement notices to large pecuniary penalties, supervisory intervention, exclusion orders, commercial benefits orders and adverse publicity orders (ss 93; 109–114), each with distinct procedural and remedial consequences.","Significant statutory discretion given to agency actors (Safe Transport Victoria, the Chief Investigator and transport safety officers) to issue, vary or withdraw notices, accept undertakings, authorise prosecutions and publish materials (e.g. ss 50; 54; 55; 83–89; 49ZZA; 105).","Multiple later amendment and transitional layers (amendments noted across 2019, 2021, 2023 and 2025) and specific transitional provisions (s 133) that add temporal conditions and savings.","Interplay with other review and court systems (internal review, Magistrates’ Court for warrants and detention extensions, VCAT review and ordinary courts for prosecutions and civil debt recovery) creates multi‑stage dispute resolution pathways (Parts 4–6 and Part 5)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a single, statutory enforcement and investigatory framework for bus and marine safety and (by reference) other transport safety laws. It gives Safe Transport Victoria, appointed transport safety officers and (in a distinct Part) the Chief Investigator, Transport Safety, a set of powers to enter sites and vehicles, inspect, seize and copy material, require people to provide documents or answers, detain vessels short-term, and issue enforcement notices and directions. (See sections 1; Part 2; Part 2A; Parts 3–4.)\n\n- Creates three main immediate field instruments used by officers:\n  - Improvement notices (require remediation within a stated time) (ss 50–59).\n  - Prohibition notices (stop activities posing an immediate safety risk) (ss 60–67).\n  - Non‑disturbance notices (preserve crash/incident sites or vehicles for investigation for up to 7 days) (ss 71–75).\n\n- Provides search‑warrant and seizure powers, and short‑term vessel detention (normally up to 48 hours, extendable by a Magistrates’ Court) (ss 18–21; 11–12). Powers include copying or removing electronic data where relevant (ss 14–15; 49J–49K).\n\n- Gives the Chief Investigator (Part 2A) separate statutory investigatory powers to independently examine public‑transport and marine safety matters: entry/boarding, seizure, requiring documents, summoning people to answer questions under oath, issuing directions, publishing investigation materials for safety purposes and operating a confidential voluntary reporting scheme for transport workers (see ss 49A, 49B, 49R–49S, 49ZZA, 49ZZF).\n\n- Sets out an enforcement ladder that reaches from infringement notices and large pecuniary penalties up to court‑ordered remedies: commercial benefits orders, supervisory intervention orders, exclusion orders and adverse‑publicity orders (ss 93; 108–114). It also allows Safe Transport Victoria to accept enforceable voluntary undertakings from accredited bus operators (ss 83–89).\n\n- Includes procedural safeguards and administrative review routes: magistrate oversight for warrants and extensions, limits on force and entry to residential premises, compensation where damage occurs (ss 18; 11; 47–48; 46; 38–40), internal review by Safe Transport Victoria (s 100), and review by VCAT (s 102). There are also evidentiary certificate provisions to streamline proof in proceedings (s 107).\n\n**Who this affects\n\n- Operators and owners: accredited bus operators, marine operators, vessel masters, persons with control of bus or marine premises and road authorities. They are the primary regulated parties subject to notices, directions, seizure and potential sanctions (see definitions in s 3 and notices in Part 3).\n\n- Transport safety officers and Safe Transport Victoria: powers to inspect, enforce, recover costs and commence proceedings (ss 115–121; 128; 105).\n\n- The Chief Investigator, Transport Safety: new independent investigatory remit over public transport and marine matters (Part 2A).\n\n- Workers, contractors and specified persons: obligations to assist, produce documents or attend for questioning when required (ss 8(1)(l); 22; 49R–49S).\n\n- The public and third parties: affected where operations are suspended or sites preserved; also beneficiaries of published investigation findings and safety recommendations (s 49ZZA).\n\n**Why it matters (stated purpose and practical effects)\n\n- The Act's stated purposes are to provide an enforcement scheme for transport safety laws and to facilitate independent investigations by the Chief Investigator (s 1; s 49A).\n\n- Practically, the law centralises strong investigatory tools (entry, seizure, data copying, compelled answers, short vessel detention) and a graduated enforcement regime (from improvement notices and infringement notices to substantial court orders). Those tools are intended to enable regulators to identify and remove immediate risks, gather evidence, secure scenes and enforce remediation quickly.\n\n**Key safeguards and limits built into the mechanics\n\n- Warranted entry, and magistrate oversight for search warrants and extensions of vessel detention (ss 18–21; 12; 49N; 49H).\n- Limits on exercise of force and restriction that only police officers may use force against persons (ss 47–48; 49ZU–49ZV).\n- Residential‑premises protections (ss 46; 49ZT).\n- Self‑incrimination protections are modified: officers can compel answers but there are non‑admissibility protections for compelled answers in most criminal/civil penalty proceedings (ss 23–24; 49T–49U), with specific statutory exceptions for documents that by law must be kept (s 23(3); 49T(2)(a)).\n- Compensation and minimisation obligations where damage occurs, and processes for return or forfeiture of seized property (ss 36–40; 33–35; 49ZH–49ZL).\n- Review rights within the agency and to VCAT (Part 5).\n\n**Costs, incentives and trade‑offs (how behaviour is likely to change)\n\n- Who pays: regulated operators and owners bear the direct compliance costs (time, record‑keeping, operational adjustments), possible business interruption costs where vessels or buses are detained or seized, the expense of complying with remedial directions, and exposure to large penalties (e.g. s 63 penalties for non‑compliance with prohibition notices; supervisory/exclusion order consequences). Safe Transport Victoria may recover costs of remedial action (s 70) and of inspections (s 128).\n\n- Incentives created:\n  - Maintain better documentation and safety systems because documents may be compulsorily produced and are admissible if statutory record‑keeping rules apply (s 23(3); 49R).\n  - Consider voluntary undertakings to avoid prosecution in appropriate cases (ss 83–89).\n  - Prioritise rapid remediation or the risk of a prohibition notice, remedial action by the regulator and recovery of costs (ss 60; 68–70).\n\n- Trade‑offs and opportunity costs:\n  - Rapid entry and seizure powers support safety and evidence preservation but can disrupt operations, impose immediate commercial loss and create logistics/legal costs for firms (ss 6–8; 11; 14–15).\n  - Confidentiality and non‑admissibility rules for investigation reports (ss 49ZZB–49ZZD) protect investigative integrity but can limit transparency to affected parties or third‑party litigants.\n  - The Chief Investigator's independent powers broaden fact‑finding capacity but also add another agency actor whose interactions with Safe Transport Victoria require coordination and clear procedural boundaries (see ss 49ZZ and 49ZZB–49ZZC on confidentiality and disclosures).\n\n**Practical implementation risks and compliance burden\n\n- Bureaucratic discretion: many powers are worded by reference to what an officer \"reasonably believes\" or \"considers necessary\", which gives operational flexibility but requires agencies to document and justify decisions (for example when deciding to enter without consent, seize items, or forfeit property) (e.g. ss 6; 8; 33; 49B; 49D; 49ZE).\n\n- Record and IT access demands: officers can require assistance to access electronically stored information, and may copy or retain devices; that raises operational burdens and privacy/data‑handling responsibilities for businesses (ss 14–15; 49J–49K).\n\n- Discrete but significant sanctions: large corporate penalties and court‑ordered interventions (up to exclusion from providing services) create material commercial risk for operators who are non‑compliant or repeat offenders (Parts 4 and 6: ss 93; 109–111).\n\n**Where to look for the core rules\n\n- Definitions and extent of coverage: section 3.\n- Field powers (entry, search, seizure, tests, detention): Part 2 (ss 6–17) and Part 2A (ss 49B–49M) for the Chief Investigator.\n- Enforcement instruments (notices, remedies, undertakings): Part 3.\n- Infringements and penalties: Part 4 and relevant penalty provisions within Parts 2–3.\n- Review and appeal: Part 5.\n- Court‑ordered sanctions and remedial orders: Part 6 (ss 108–114).\n\n(For the Act's stated purposes see s 1 and, for the Chief Investigator's object, s 49A.)"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to remain focused on its original stated purpose: providing a consolidated compliance and enforcement framework for transport safety schemes in Victoria. There is no evidence in the provided text of significant scope creep or departure from the original legislative intent. However, the truncated nature of the source material prevents a definitive assessment of any amendments over time."},"complexity_factors":["Covers multiple transport modes (rail, bus, tram, etc.) under a single enforcement umbrella, requiring readers to understand how different safety schemes interact","Involves delegated powers to inspectors and officers, with specific legal thresholds for when those powers can be used","Likely contains detailed provisions about entry, search, seizure and evidence-gathering powers — areas that are inherently technical","Penalty and infringement notice provisions typically involve cross-referencing other legislation","The concept of 'safety schemes' requires understanding a web of related regulations and standards beyond this Act alone","Enforcement framework legislation often uses defined terms heavily, requiring constant cross-referencing within the document","Source text was severely truncated, preventing full assessment — actual complexity may be higher"],"plain_english_summary":"The Act creates a legal framework for monitoring and enforcing compliance with transport safety rules in Victoria. It gives inspectors and regulators powers to inspect, audit, investigate and penalise transport operators and others covered by transport safety schemes (bus, rail, tram and similar services). \n\nIt matters because it ensures regulators can compel compliance and enforce safety standards that protect passengers, workers and transport businesses."},"kimi_summary":{"_metrics":{"completionTokens":805},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2014 scope. Initially focused on bus and marine safety enforcement, major amendments in 2019 removed rail safety provisions (transferring to national law), then 2025 amendments added an entirely new Part 2A creating a separate Chief Investigator function for public transport and marine safety investigations. The 2023 amendments also replaced the 'Safety Director' with 'Safe Transport Victoria' and 'Chief Executive of Safe Transport Victoria', restructuring the enforcement hierarchy. The Act now serves dual purposes: operational compliance enforcement (Safe Transport Victoria) and independent accident investigation (Chief Investigator), which were originally separate statutory schemes."},"complexity_factors":["Extensive cross-referencing with multiple other Acts (Bus Safety Act 2009, Marine Safety Act 2010, Rail Safety National Law, Transport Integration Act 2010)","Two parallel but distinct power structures: Part 2 for Safe Transport Victoria/transport safety officers, and Part 2A for Chief Investigator with overlapping but not identical powers","47+ defined terms in section 3, many incorporating definitions from other legislation","Nested conditional logic throughout (e.g., residential premises restrictions, reasonable excuse exceptions, self-incrimination abrogation with use immunity)","Multiple amendment layers visible in the text showing evolutionary complexity (2014 base, major 2019 rail reforms, 2023 Safe Transport Victoria restructuring, 2025 Chief Investigator expansion)","Detailed procedural requirements for warrants, notices, and seizures with specific time limits (48-hour vessel detention, 7-day warrant validity, 6-month seizure retention)","Penalty unit calculations with differential rates for natural persons vs bodies corporate across numerous offences","Complex review pathway: internal review → Safe Transport Victoria or Chief Investigator → VCAT, with different rules applying to different decision-makers"],"plain_english_summary":"This Act gives **Safe Transport Victoria** and the **Chief Investigator, Transport Safety** broad powers to enforce safety laws across Victoria's bus, marine, and rail transport systems.\n\n**What it does:**\n\n- **Entry and inspection powers**: Authorised officers can enter bus depots, marine facilities, buses, vessels, and railway premises without a warrant to check compliance with safety laws. They can inspect documents, seize evidence, take photos, and use electronic equipment to access data.\n\n- **Investigation powers**: The Chief Investigator has independent authority to investigate public transport and marine safety incidents, with similar entry and seizure powers but focused on accident investigation rather than compliance enforcement.\n\n- **Enforcement tools**: Safe Transport Victoria can issue **improvement notices** (requiring safety problems to be fixed), **prohibition notices** (stopping dangerous activities immediately), and **non-disturbance notices** (preserving accident scenes). It can also accept **enforceable voluntary undertakings** from operators.\n\n- **Court powers**: Courts can impose **commercial benefits orders** (fines up to 3 times the profit from an offence), **supervisory intervention orders** (requiring management changes), **exclusion orders** (banning people from the industry), and **adverse publicity orders** (requiring public disclosure of offences).\n\n- **Offences and penalties**: The Act creates offences for hindering officers, giving false information, and failing to comply with notices. Company officers can be personally liable if they fail to exercise due diligence to prevent offences.\n\n**Who it affects:**\n- Bus operators and drivers\n- Marine vessel operators and masters  \n- Rail transport operators and rail safety workers\n- Anyone at transport premises who must assist officers\n\n**Why it matters:**\nThe Act creates a comprehensive enforcement framework to prevent accidents and ensure accountability in transport safety. It balances strong regulatory powers with protections like compensation for damage, review rights through VCAT, and limits on self-incrimination for those providing information."}},"importantCases":[],"_links":{"self":"/api/acts/transport-safety-schemes-compliance-and-enforcement-act-2014","history":"/api/acts/transport-safety-schemes-compliance-and-enforcement-act-2014/history","analysis":"/api/acts/transport-safety-schemes-compliance-and-enforcement-act-2014/analysis","conflicts":"/api/acts/transport-safety-schemes-compliance-and-enforcement-act-2014/conflicts","importantCases":"/api/acts/transport-safety-schemes-compliance-and-enforcement-act-2014/important-cases","documents":"/api/acts/transport-safety-schemes-compliance-and-enforcement-act-2014/documents"}}