Bus Safety Act 2009

Division 5—Driver accreditation offences 87

55VC Offence not to notify change of address and return certificate of accreditation 87

55VD Offence not to notify of suspension or cancellation of driver accreditation 87

55VE Offence not to notify of being charged with, or found guilty of, a disqualifying offence 88

55VF Offence to retain illegible certificate of accreditation 88

55VG Offence to retain certificate if accreditation suspended or cancelled 89

55VH Offence not to carry certificate of accreditation when driving 89

55VI Driver accreditation cannot be transferred 89

55VJ Surrender of driver accreditation 90

55VK Offence not to produce certificate of accreditation when asked 91

Division 6—Disciplinary action 92

55W When Safe Transport Victoria may take disciplinary action 92

55X Disciplinary actions that may be taken in relation to driver accreditation 92

55Y Procedure for taking disciplinary action 93

55Z Safe Transport Victoria may extend time for making submissions in relation to disciplinary notices 94

55ZA Decision on taking disciplinary action 95

55ZB Mandatory cancellation of driver accreditations in certain cases 96

55ZC Immediate suspension of driver accreditation at the discretion of Safe Transport Victoria 96

55ZD Mandatory immediate suspension of driver accreditation 97

55ZE Mandatory suspension of driver accreditation if driver licence suspended or cancelled 98

55ZF Reinstatement of driver accreditation following reinstatement of driver licence 99

55ZG Person whose driver licence or probationary licence is suspended or cancelled must notify Safe Transport Victoria 99

55ZH Effect of suspension of driver accreditation 99

55ZI Reinstatement of driver accreditation 100

Part 5—Alcohol and drug management policy 101

56 Alcohol and drug management policy 101

57 Form and content of alcohol and drug management policy 101

Part 6—Review of decisions 104

Division 1—Review by VCAT of decisions relating to accredited bus operators 104

58 Review by VCAT 104

Division 2—Review of decisions relating to accredited drivers 106

58A Reviewable decisions under Part 4A 106

Division 3—Internal review of Part 4A decisions 107

58B Application for internal review 107

58C Safe Transport Victoria may stay operation of decision subject to application for internal review 108

58D Determination of application for internal review 109

Division 4—VCAT review of Part 4A decisions 110

58E Review of Safe Transport Victoria decisions by VCAT 110

Division 5—VCAT orders in relation to category 1 offenders 111

58F VCAT orders in relation to category 1 offenders 111

Part 7—Codes of practice 113

59 Codes of practice 113

60 Revisions to approved codes of practice 113

61 Revocation of approvals of codes of practice 114

62 Availability of approved codes of practice 114

63 Minister must consult before approving code of practice or revision to code of practice 114

64 Effect of approved code of practice 115

Part 8—General 116

Division 1AA—Monitoring, compliance and enforcement policy 116

64A Safe Transport Victoria to develop monitoring, compliance and enforcement policy 116

64B Safe Transport Victoria must consult when developing or reviewing policy 117

64C Content of policy 117

64D Safe Transport Victoria must coordinate and support implementation of policy 118

64E Certain persons to have regard to policy 118

Division 1—General 119

65 Notification of incidents 119

66 Offence to provide false or misleading information 119

67 Safe Transport Victoria may set accreditation fees 120

67A Regulatory exemptions 122

68 Imputing conduct to bodies corporate 122

69 Criminal liability of officers of bodies corporate—failure to exercise due diligence 123

69A Liability of officers of partnerships and unincorporated bodies or associations 125

70 Effect of compliance with regulations or approved codes of practice 125

71 Tabling and disallowance of approved codes of practice 126

71A Regulatory fees 126

Division 2—Regulations 127

72 General 127

73 Bus services and bus safety work 129

74 Safety duties 130

75 Inspections and safety audits 131

76 Accreditation 132

76A Hazardous areas 134

77 Fees 135

Division 3—Transitional provisions for operators who must be registered or accredited 136

78A Definition 136

78B Transitional provision for existing bus operators requiring registration from commencement day 136

78C Transitional provision for bus operators no longer required to be accredited from commencement day 137

78D Transitional provision for drivers of commercial passenger vehicles 138

Division 4—Transitional provisions—Transport Legislation Miscellaneous Amendments Act 2021 139

79 Definitions 139

80 General transitional provision 139

81 Registered bus operators 139

82 Accredited bus operators 141

83 Inspection requirements 142

84 Re-enacted provisions 142

Schedule 1—Categorised offences 144

Endnotes 148

1 General information 148

2 Table of Amendments 150

3 Explanatory details 154

Version No. 039

Bus Safety Act 2009

No. 13 of 2009

Version incorporating amendments as at

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purpose

The purpose of this Act is to—

(a) provide for the safe operation of bus services in Victoria;

S. 1(b) amended by No. 6/2010 s. 203(1) (Sch. 6 item 4.1) (as amended by No. 45/2010 s. 22).

(b) make related amendments to the Public Transport Competition Act 1995, the Rail Safety Act 2006, the Road Safety Act 1986, the Transport (Compliance and Miscellaneous) Act 1983 and certain other Acts;

(c) change the title of the Public Transport Competition Act 1995 to the Bus Services Act 1995.

2 Commencement

(1) This section and sections 1 and 80 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision of this Act does not come into operation before 31 December 2010, it comes into operation on that day.

3 Definitions

(1) In this Act—

S. 3(1) def. of accreditation fee amended by No. 34/2023 s. 127(Sch. 1 item 1.1(a)).

accreditation fee means the fee to be paid in respect of an application for accreditation under Part 4 or any annual accreditation fee—

(a) set by Safe Transport Victoria under section 67; or

(b) if a fee has not been set by Safe Transport Victoria, the prescribed fee;

accredited bus operator means a bus operator accredited under Part 4;

S. 3(1) def. of accredited driver inserted by No. 34/2023 s. 3(1).

accredited driver means a person who holds a driver accreditation;

S. 3(1) def. of applicable pre-1973 fraud or dishonesty offence inserted by No. 49/2011 s. 28(2), repealed by No. 30/2021 s. 3(2).

S. 3(1) def. of approved training course repealed by No. 30/2021 s. 3(2).

Australian Design Rules means the Australian Design Rules for Motor Vehicles and Trailers, endorsed by the Australian Transport Advisory Council and published pursuant to section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth;

S. 3(1) def. of body corporate inserted by No. 27/2014 s. 133(1).

body corporate has the same meaning as corporation has in section 57A of the Corporations Act;

S. 3(1) def. of bus amended by Nos 6/2010 s. 203(1)(Sch. 6 item 4.2(a)) (as amended by No. 45/2010 s. 22), 35/2017 s. 72, 63/2017 s. 21(Sch. 1 item 1), 34/2023 s. 127(Sch. 1 item 1.1(b)).

bus means—

(a) a motor vehicle that has been built—

(i) with seating positions for 10 or more adults (including the driver); and

(ii) to comply with the requirements specified in the Australian Design Rules for a passenger omnibus (within the meaning of those Rules);

(b) a motor vehicle prescribed to be a bus;

(c) a motor vehicle which Safe Transport Victoria has declared to be a bus under section 7(1)—

but does not include—

(e) a motor vehicle prescribed not to be a bus;

(f) a motor vehicle which Safe Transport Victoria has declared not to be a bus;

(g) a vehicle known as a Hummer;

Examples

 A passenger car modified to have more than 9 seats (for example, a stretch limousine) is not a bus.

 A motor vehicle that is built as a bus but which has had seats removed so that it seats less than 10 adults is still a bus.

 A motor vehicle built overseas as a bus is a bus unless it is a motor vehicle built to be a Hummer.

S. 3(1) def. of bus premises inserted by No. 30/2021 s. 3(1)(a).

bus premises has the same meaning as it has in the Transport (Safety Schemes Compliance and Enforcement) Act 2014;

S. 3(1) def. of bus safety law inserted by No. 30/2021 s. 3(1)(a).

bus safety law means—

(a) this Act or the regulations; or

(b) a provision of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 that applies in relation to buses or bus premises;

bus safety work means an activity that may affect the safety of bus services including—

(a) driving a bus or activities associated with driving a bus;

(b) designing, constructing, supplying, repairing, modifying, maintaining, monitoring, examining or testing a bus;

(c) designing, constructing, supplying, installing, repairing, modifying, maintaining, monitoring, examining or testing equipment in or on a bus;

(d) setting or altering a schedule or timetable for a bus service;

(e) a prescribed activity;

bus safety worker means a person who has carried out, is carrying out or is about to carry out, bus safety work including a person who is—

(a) employed or engaged by a bus operator to carry out bus safety work;

(b) engaged by any other person to carry out bus safety work;

(c) a trainee;

(d) a volunteer;

bus service means the operation of one or more buses to provide a service for the transport of passengers by road;

bus stop infrastructure has the same meaning as it has in section 48H of the Road Management Act 2004;

bus stopping point has the same meaning as it has in section 48H of the Road Management Act 2004;

S. 3(1) def. of category 1 offence inserted by No. 34/2023 s. 3(1).

category 1 offence means an offence listed in Part 1 of Schedule 1;

S. 3(1) def. of category 2 offence inserted by No. 34/2023 s. 3(1).

category 2 offence means an offence listed in Part 2 of Schedule 1;

S. 3(1) def. of category 3 offence inserted by No. 34/2023 s. 3(1).

category 3 offence means an offence listed in Part 3 of Schedule 1;

S. 3(1) def. of commercial bus service substituted by No. 19/2010 s. 47(1)(a), amended by No. 34/2023 s. 127(Sch. 1 item 1.1(c)).

commercial bus service means—

(a) a route bus service, if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service;

(b) a demand responsive bus service, if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service;

(c) a tour and charter bus service, if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service;

(d) a courtesy bus service (other than a non-commercial courtesy bus service), if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service;

(e) a bus service which is a prescribed class of commercial bus service;

(f) a bus service which is declared by Safe Transport Victoria to be a commercial bus service—

but does not include—

(g) a bus service in a class of bus service which is prescribed not to be a class of commercial bus service;

(h) a bus service which is declared by Safe Transport Victoria not to be a commercial bus service;

S. 3(1) def. of commercial minibus inserted by No. 49/2011 s. 31(2).

commercial minibus service means—

(a) a route service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service;

(b) a demand responsive bus service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service;

(c) a tour and charter bus service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service;

community and private bus service means a service—

(a) consisting of the carriage of passengers by a bus for or in connection with the activities of a religious, educational, health, welfare, philanthropic, sporting or social body; and

(b) which is provided for no consideration or for consideration which is limited to the costs or part of the costs incurred in making the journey;

S. 3(1) def. of co-operative amended by No. 9/2013 s. 42(Sch. 2 item 5).

co-operative has the same meaning as in the Co‑operatives National Law (Victoria);

S. 3(1) def. of correspond-ing Bus Safety Regulator amended by No. 34/2023 s. 127(Sch. 1 item 1.1(d)).

corresponding Bus Safety Regulator means—

(a) the person who, or body that, has functions or powers under a corresponding law that substantially correspond to the functions and powers of Safe Transport Victoria under this Act; or

(b) a person prescribed by the regulations as the corresponding Bus Safety Regulator for another State or Territory of the Commonwealth for the purposes of this Act;

corresponding law means—

(a) the law of another State or a Territory of the Commonwealth corresponding, or substantially corresponding, to this Act; or

(b) a law of another State or Territory of the Commonwealth that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act;

courtesy bus service means a service consisting of the carriage of passengers by a bus for any consideration or in the course of any trade or business;

demand responsive bus service means a service consisting of the carriage of passengers by a bus for hire or reward within a specified area on a regular basis along a route which varies in accordance with the demand of prospective passengers and for which passengers are each charged a separate fare;

S. 3(1) def. of Department amended by Nos 70/2013 s. 4(Sch. 2 item 6), 30/2021 s. 3(1)(c), 25/2025 s. 106(Sch. 1 item 5).

Department means the Department of Transport and Planning;

S. 3(1) def. of disqualifying offence repealed by No. 30/2021 s. 3(2), new def. of disqualifying offence inserted by No. 34/2023 s. 3(1).

disqualifying offence means a category 1 offence, a category 2 offence or a category 3 offence;

S. 3(1) def. of drive inserted by No. 34/2023 s. 3(1).

drive, in relation to a motor vehicle, includes being in control of a vehicle;

S. 3(1) def. of driver accreditation inserted by No. 34/2023 s. 3(1).

driver accreditation means an accreditation under Part 4A and in Division 6 of Part 4A includes an accreditation under Part 5 of the Commercial Passenger Vehicle Industry Act 2017;

drug means a substance that is a drug for the purposes of this Act by virtue of a declaration under section 8 or any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;

S. 3(1) def. of highway inserted by No. 49/2011 s. 31(2).

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

S. 3(1) def. of hire and drive bus service amended by No. 21/2012 s. 239(Sch. 6 item 6).

hire and drive bus service means a service consisting of the provision of a bus for hiring (otherwise than under a hire-purchase agreement within the meaning of the Australian Consumer Law and Fair Trading Act 2012) by a person for a certain period for valuable consideration on the condition that it will be driven during that period by the hirer or another person on behalf of the hirer;

incorporated association has the same meaning as in the Associations Incorporation Act 1981;

S. 3(1) def. of local bus service amended by Nos 19/2010 s. 47(1)(c), 49/2011 s. 31(1).

local bus service means a service consisting of the carriage of passengers by a bus built with seating positions for 13 or more adults (including the driver) and that—

(a) is operated on a regular basis or subject to demand; and

(b) is available for use by the general public; and

(c) is not operated for hire or reward;

S. 3(1) def. of motor vehicle inserted by No. 49/2011 s. 31(2).

motor vehicle means a motor vehicle within the meaning of the Road Safety Act 1986 and includes a trailer attached to the motor vehicle;

S. 3(1) def. of non-commercial courtesy bus service amended by No. 34/2023 s. 127(Sch. 1 item 1.1(e)).

non-commercial courtesy bus service means a bus service declared by Safe Transport Victoria under section 7(1)(c) to be a non-commercial courtesy bus service;

S. 3(1) def. of officer in relation to a body corporate (other than an incorporated association) inserted by No. 27/2014 s. 133(2).

officer in relation to a body corporate (other than an incorporated association) means—

(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or

(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;

S. 3(1) def. of officer, in relation to a body corporate other than a company, co‑operative or incorporated association repealed by No. 27/2014 s. 133(2).

S. 3(1) def. of officer, in relation to a company repealed by No. 27/2014 s. 133(2).

officer, in relation to a co-operative, means—

(a) a director or secretary of the co‑operative; or

(b) a person who is concerned, or takes part, in the management of the co‑operative, whether or not as a director;

S. 3(1) def. of officer, in relation to an incorporated association amended by No. 20/2012 s. 226(Sch. 5 item 2).

officer, in relation to an incorporated association means—

(a) the secretary (within the meaning of the Associations Incorporation Reform Act 2012) of the incorporated association; or

(b) a member of the committee (within the meaning of the Associations Incorporation Reform Act 2012) of the incorporated association; or

(c) a person who is concerned, or takes part, in the management of the incorporated association;

S. 3(1) def. of operator amended by No. 19/2010 s. 47(1)(d).

operator, in relation to a bus service, means the person who is responsible for controlling or directing the operations of a bus service in connection with a business or activity for, or involving, the transport of passengers by road by that bus service, but does not include a person who merely—

(a) arranges for the registration of a bus; or

(b) maintains or arranges for the maintenance of a bus;

S. 3(1) def. of person inserted by No. 19/2010 s. 47(2).

person includes a body corporate, unincorporated body or association and a partnership;

prescribed means prescribed by the regulations;

S. 3(1) def. of probationary driver licence inserted by No. 30/2021 s. 3(1)(a).

probationary driver licence has the same meaning as it has in section 3(1) of the Road Safety Act 1986;

procurer means a person who charters a bus service or otherwise engages with an operator for the purposes of using the bus service, whether or not the provision of the bus service is on a commercial basis;

S. 3(1) def. of registered bus operator repealed by No. 30/2021 s. 3(2).

regulations means regulations made under this Act;

S. 3(1) def. of relevant person inserted by No. 19/2010 s. 47(2), amended by No. 30/2021 s. 3(1)(b).

relevant person, in relation to an applicant for accreditation to operate a bus service or an accredited bus operator, means—

(a) if the applicant or accredited bus operator is a natural person, the applicant or operator; or

(b) if the applicant or accredited bus operator is a partnership, a partner who is concerned, or takes part, in the management of the activities to which the application or accreditation relates; or

(c) if the applicant or accredited bus operator is an unincorporated body or association other than a partnership, a member of the committee of management of the body or association who is concerned, or takes part, in the management of the activities to which the application or accreditation relates; or

(d) if the applicant or accredited bus operator is a company, a co-operative or an incorporated association, an officer of the company, co-operative or incorporated association; or

(e) if the applicant or accredited bus operator is a body corporate other than a company, co-operative or incorporated association, an officer of the body who is concerned, or takes part, in the management of the activities to which the application or accreditation relates;

S. 3(1) def. of responsible person substituted by No. 19/2010 s. 47(1)(b).

responsible person, in relation to an applicant for accreditation or an accredited bus operator, means—

(a) if the applicant or accredited bus operator is an individual, the applicant or accredited bus operator; or

(b) in any other case, a relevant person nominated by the applicant or accredited bus operator as the responsible person;

route bus service means a bus service consisting of the carriage of passengers by a bus for hire or reward operated along a fixed route on a regular basis;

S. 3(1) def. of Safe Transport Victoria inserted by No. 34/2023 s. 127(Sch. 1 item 1.1(f)).

Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

S. 3(1) def. of Safety Director substituted by No. 6/2010 s. 203(1)(Sch. 6 item 4.2(b)) (as amended by No. 45/2010 s. 22), repealed by No. 34/2023 s. 127(Sch. 1 item 1.1(g)).

Secretary means the Secretary to the Department;

S. 3(1) def. of specified indictable fraud or dishonesty offence inserted by No. 49/2011 s. 28(2), repealed by No. 30/2021 s. 3(2).

S. 3(1) def. of tier 1 offence amended by Nos 93/2009 s. 49(3)(a), 47/2016 s. 32, 34/2020 s. 160, repealed by No. 30/2021 s. 3(2).

S. 3(1) def. of tier 2 offence amended by Nos 93/2009 s. 49(3)(b), 49/2011 s. 28(1), repealed by No. 30/2021 s. 3(2).

S. 3(1) def. of tier 3 offence repealed by No. 30/2021 s. 3(2).

tour and charter bus service means—

(a) a bus service operated for the carriage of tourists by a bus for hire or reward to a common destination; or

(b) a bus service operated for the carriage of a group of persons by bus for hire or reward by being previously booked or ordered by that group or by another person on behalf of that group and in respect of which the members of that group are not each charged a separate fare;

S. 3(1) def. of transport safety officer inserted by No. 30/2021 s. 3(1)(a).

transport safety officer has the same meaning as it has in the Transport (Safety Schemes Compliance and Enforcement) Act 2014;

volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses).

(2) For the purposes of the definition of route bus service in subsection (1)—

(a) a route is a fixed route even if—

(i) a stop on the route is not used on every journey, or ceases to be used altogether; or

(ii) different routes are used on different journeys of the bus service to get from one stop on the route to another stop on the route;

(b) a bus service operates on a regular basis even if—

(i) it only operates on any particular occasion if there is a sufficient level of demand for it; or

(ii) it requires a person using it to book or reserve a place before using it.

S. 3(3) amended by No. 55/2014 s. 142, substituted by No. 34/2023 s. 3(2).

(3) A reference to a person who has been found guilty of an offence is a reference to a person—

(a) against whom a court has made a formal finding that the person is guilty of the offence that has not been subsequently quashed or set aside by a court; or

(b) from whom a court has accepted a plea that the person is guilty of the offence that has not been subsequently quashed or set aside by a court; or

(c) from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that the person has committed the offence, or from whom a similar admission has been accepted under a provision of a law of a jurisdiction other than Victoria that substantially corresponds to that section, that has not been subsequently quashed or set aside by a court; or

(d) in relation to whom any of the following infringement notices has taken effect as a conviction for the offence specified in the notice—

(i) an infringement notice to which section 61A(2) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 applies;

(ii) a traffic infringement notice to which section 89A(2) of the Road Safety Act 1986 applies; or

(e) against whom a finding has been made under—

(i) section 17(1)(b) or 38X(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the person was not guilty of the offence because of mental impairment; or

(ii) section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the person committed the offence or an offence available as an alternative; or

(iii) the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 of not guilty because of mental impairment; or

(f) against whom a finding similar to a finding referred to in paragraph (e) has been made under a provision of a law of a jurisdiction other than Victoria that substantially corresponds to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or to a provision of that Act referred to in paragraph (e).

(4) A reference to a person who has been charged with an offence is a reference to a person—

S. 3(4)(a) amended by No. 68/2009 s. 97(Sch. item 14.1).

(a) against whom an indictment has been filed for the offence; or

S. 3(4)(b) amended by No. 68/2009 s. 97(Sch. item 14.2).

(b) against whom a charge-sheet charging the offence has been filed, whether or not—

(i) a summons to answer the charge; or

(ii) a warrant to arrest the person—

has been issued or served.

(5) A reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally disposed of by—

S. 3(5)(a) amended by No. 68/2009 s. 97(Sch. item 14.3).

(a) being withdrawn or by the discontinuance of the prosecution; or

(b) the charge having been dismissed by a court; or

S. 3(5)(c) amended by Nos 68/2009 s. 97(Sch. item 14.4), 5/2025 s. 45.

(c) the person charged having been discharged by a court following a committal proceeding; or

S. 3(5)(d) amended by No. 68/2009 s. 97(Sch. item 14.5).

(d) the person charged having been acquitted or found guilty of the offence by a court; or

(e) any other prescribed means.

S. 3A
inserted by No. 6/2010 s. 24(5)(Sch. 1 item 4) (as amended by No. 45/2010 s. 5).

3A Transport Integration Act 2010

This Act is transport legislation within the meaning of the Transport Integration Act 2010.

4 Objects of bus safety

(1) The objects of this Act are to promote—

(a) the safety of bus services;

(b) the effective management of safety risks in bus services;

(c) continuous improvement in bus safety management;

(d) public confidence in the safety of the transport of passengers by bus;

(e) the involvement of relevant stakeholders in bus safety;

(f) a safety culture among persons who participate in the provision of bus services.

(2) The Parliament does not intend by Part 2 to create in any person any legal right or give rise to any civil cause of action.

5 Crown to be bound

(1) This Act binds the Crown—

(a) in right of the State of Victoria;

(b) to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.

(2) To avoid doubt, the Crown is a body corporate for the purposes of this Act or the regulations.

6 Interaction with Occupational Health and Safety Act

(1) If a provision of the Occupational Health and Safety Act 2004 or the regulations made under that Act applies to an activity in respect of which a duty is imposed under Division 2 of Part 3, that provision continues to apply, and must be observed in addition to that Division and any regulations made under this Act for the purposes of that Division.

See also section 51 of the Interpretation of Legislation Act 1984.

(2) If a provision of this Act or the regulations made under this Act is inconsistent with a provision of the Occupational Health and Safety Act 2004 or the regulations made under that Act, the Occupational Health and Safety Act 2004 or the regulations made under it prevail to the extent of the inconsistency.

(3) Compliance with this Act or the regulations made under this Act, or with any requirements imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against the Occupational Health and Safety Act 2004 or the regulations made under that Act.

(4) Evidence of a relevant contravention of this Act or the regulations made under this Act is admissible in any proceedings for an offence against the Occupational Health and Safety Act 2004 or the regulations made under that Act.

S. 7 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 1.2).

7 Declaration powers of Safe Transport Victoria

S. 7(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.3(a)).

(1) Subject to subsection (2) , Safe Transport Victoria may declare by notice published in the Government Gazette that—

(a) a motor vehicle or class of motor vehicle that is a bus specified in paragraph (a) of the definition of bus in section 3(1) is not a motor vehicle or class of motor vehicle that is a bus within the meaning of that definition;

(b) a motor vehicle or class of motor vehicle that is not a bus specified in paragraph (a) of the definition of bus in section 3(1) is to be a motor vehicle or class of motor vehicle that is a bus within the meaning of that definition;

S. 7(1)(c) amended by No. 34/2023 s. 127(Sch. 1 item 1.3(a)).

(c) a courtesy bus service within the meaning of the definition of courtesy bus service in section 3(1) is to be a non-commercial courtesy bus service for the purposes of section 3(1) if Safe Transport Victoria is satisfied that the operator of the service does not derive any profit from the provision of the service;

(d) a bus service that is not defined to be a commercial bus service, a community and private bus service, a courtesy bus service, a hire and drive bus service or a local bus service within the meaning of section 3(1), is a—

(i) commercial bus service; or

(ii) community and private bus service; or

(iii) courtesy bus service; or

(iv) hire and drive bus service; or

(v) local bus service—

within the meaning of that definition (as appropriate);

(e) a bus service that is defined to be a commercial bus service, a community and private bus service, a courtesy bus service, a hire and drive bus service or a local bus service within the meaning of section 3(1) is not a—

(i) commercial bus service; or

(ii) community and private bus service; or

(iii) courtesy bus service; or

(iv) hire and drive bus service; or

(v) local bus service—

within the meaning of that definition (as appropriate) despite the bus service meeting the specifications in that definition.

S. 7(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.3(a)).

(2) If Safe Transport Victoria intends to make a declaration under subsection (1), Safe Transport Victoria must—

(a) advise operators and sectors of the industry that will be affected by the declaration, if declared, of the proposed declaration; and

(b) provide those operators and sectors with an opportunity to make a submission in relation to the proposed declaration.

S. 7(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.3(b)).

(3) Safe Transport Victoria must have regard to any submissions received under subsection (2) before making the declaration.

8 Declaration of substances to be a drug

The Minister, by Order published in the Government Gazette, may declare any substance to be a drug for the purposes of Part 5.

Part 2—Principles of bus safety

9 Principle of shared responsibility

(1) The safe operation of bus services is the shared responsibility of—

(a) the operator; and

(b) bus safety workers; and

(c) procurers; and

(d) persons who determine the location of bus stopping points, or who design, construct, install, modify or maintain a bus stopping point or bus stop infrastructure; and

S. 9(1)(e) amended by No. 34/2023 s. 127(Sch. 1 item 1.4).

(e) Safe Transport Victoria; and

(f) members of the public.

(2) The level and nature of responsibility that a person referred to in subsection (1), or a person within a class of persons referred to in subsection (1), has for bus safety is dependent on—

(a) the nature of the risk to bus safety that the person creates from the carrying out of an activity or the making of a decision; and

(b) the capacity that that person has to control, eliminate or mitigate that risk or any other risk to bus safety.

10 Principle of accountability for managing safety risks

Managing risks associated with the provision of bus services is the responsibility of the person best able to control the risk.

11 Principle of enforcement

Enforcement of this Act and the regulations should be undertaken for the purpose of—

(a) protecting public safety;

(b) promoting improvement in bus safety;

(c) removing any incentive for unfair commercial advantage that might be derived from contravening the bus safety requirements under this Act or the regulations;

(d) influencing the attitude and behaviour of persons whose actions may have adverse impacts on bus safety.

12 Principle of transparency and consistency

Bus regulatory decision-making processes should be timely, transparent and nationally consistent.

13 Principle of participation, consultation and involvement of all affected persons

The persons and classes of persons referred to in sections 9(1)(a), 9(1)(b), 9(1)(c) and 9(1)(d) should—

(a) participate in or be able to participate in; and

(b) be consulted on; and

(c) be involved in—

the formulation and implementation of measures to manage risks to safety associated with the provision of bus services.

Part 3—Bus safety duties

Division 1—The concept of ensuring safety

14 The concept of ensuring safety

(1) To avoid doubt, a duty imposed on a person under this Act or the regulations to ensure, so far as is reasonably practicable, safety requires the person to—

(a) eliminate risks to safety so far as is reasonably practicable; and

(b) if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable.

(2) To avoid doubt, for the purposes of this Act or the regulations, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring safety—

(a) the likelihood of the hazard or risk concerned eventuating;

(b) the degree of harm that would result if the hazard or risk eventuated;

(c) what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk;

(d) the availability and suitability of ways to eliminate or reduce the hazard or risk;

(e) the cost of eliminating or reducing the hazard or risk.

Division 2—Safety duties

15 Duty of operator

(1) An operator of a bus service must, so far as is reasonably practicable, ensure the safety of the bus service.

Note to s. 15(2) amended by No. 68/2009 s. 97(Sch. item 14.6).

16 Duty of procurer

(1) A procurer of a bus service must, so far as is reasonably practicable, ensure the safety of the bus service.

(2) Without limiting subsection (1), a procurer of a bus service contravenes that subsection if the bus service is procured on terms that impose conditions or obligations which prevent or threaten, or are reasonably likely to prevent or threaten, the safe operation of the bus service.

(3) A person is not a procurer of a bus service only because the person provides funding to the operator of the bus service.

(4) An offence against subsection (1) is an indictable offence.

Note to s. 16(4) amended by No. 68/2009 s. 97(Sch. item 14.7).

17 Duty of bus safety worker

(1) A bus safety worker must take reasonable measures to ensure the safety of persons who may be affected by the acts or omissions of the bus safety worker.

Note to s. 17(2) amended by No. 68/2009 s. 97(Sch. item 14.8).

18 Duties in relation to bus stopping points and bus stop infrastructure

(1) A person who determines the location of, designs, constructs, installs, modifies or maintains a bus stopping point or any bus stop infrastructure, or who engages a person to do any of those things, must ensure, so far as is reasonably practicable, that the location, design, construction or condition of the bus stopping point or bus stop infrastructure is safe.

Note to s. 18(2) amended by No. 68/2009 s. 97(Sch. item 14.9).

Division 3—Bus inspections and safety audits

19 Bus safety inspections

S. 19(1) amended by No. 30/2021 s. 4(1).

(1) An accredited bus operator must ensure that each bus used to provide a bus service undergoes a safety inspection in accordance with the regulations—

(a) annually; or

(b) at prescribed intervals.

1. In the case of a natural person, 20 penalty units;

S. 19(1A) inserted by No. 49/2011 s. 27.

(1A) If a bus is required under subsection (1) to undergo an annual bus safety inspection, each annual inspection must be conducted not earlier than 14 days before, and not later than 14 days after, the anniversary of the date on which the first inspection is conducted.

S. 19(1B) inserted by No. 49/2011 s. 27.

(1B) For the purposes of subsection (1A), the first inspection of the bus is the first inspection following the accreditation of the bus operator or, if the bus is acquired after that accreditation, the first inspection following its acquisition.

S. 19(2) repealed by No. 30/2021 s. 4(2).

S. 19(3) amended by Nos 30/2021 s. 4(3), 34/2023 s. 127(Sch. 1 item 1.5).

(3) An accredited bus operator must arrange a safety inspection of each bus used to provide the bus service operated by the operator if Safe Transport Victoria directs that a safety inspection be conducted in respect of the bus service operated by the operator.

1. In the case of a natural person, 20 penalty units;

S. 20 amended by No. 34/2023 s. 127(Sch. 1 item 1.6).

20 Safety audits

Safe Transport Victoria may conduct, or cause to be conducted, a safety audit, to determine whether or not the requirements of this Act and the regulations are satisfactorily complied with.

Pt 4 (Heading) amended by No. 34/2023 s. 4.

Pt 4 (Headings and ss 21–55) amended by Nos 69/2009 s. 54(Sch. Pt 2 item 8), 6/2010 s. 203(1) (Sch. 6 items 4.3, 4.4) (as amended by No. 45/2010 s. 22), 19/2010 ss 48–57, 49/2011 ss 24, 25, 29, 30, 23/2013 ss 125–127, 67/2014 s. 147(Sch. 2 item 6), 35/2017 s. 73, 34/2020 ss 161, 162, substituted as Pt 4 (Headings and ss 21–55H) by No. 30/2021 s. 5.

Part 4—Accreditation of operators of bus services

Division 1—Preliminary

S. 21 substituted by No. 30/2021 s. 5.

21 Purpose of accreditation

The purpose of accreditation under this Part is to—

(a) provide a method of establishing the identity of—

(i) the operators of bus services; and

(ii) the persons responsible for managing activities relating to the operation of bus services by those operators; and

(b) enable bus service operators to be regulated for reasons of public safety; and

(c) ensure that bus service operators meet prescribed safety standards.

Division 2—Bus operator accreditation

S. 22 substituted by No. 30/2021 s. 5.

22 Offence if operator of bus service is not accredited

An operator of a bus service must not operate the bus service unless the operator—

(a) is accredited under this Part to provide that service; or

(b) holds an exemption granted under Division 7; or

(c) is exempted by the regulations from the requirement to be accredited under this Part.

Penalty: In the case of a natural person, 240 penalty units;

New s. 23 inserted by No. 30/2021 s. 5.

23 Application for accreditation

S. 23(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.7(a)).

(1) An operator of a bus service may apply to Safe Transport Victoria for accreditation to operate that bus service.

S. 23(2)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.7(a)).

(a) be made in the manner and form determined by Safe Transport Victoria; and

(b) be accompanied by—

(i) the application fee; and

(ii) evidence, as required by the regulations, that each relevant person in relation to the applicant satisfies the requirements for accreditation; and

(iii) any other thing that is required by the regulations; and

(c) in the case of an application by a person that is not a natural person, nominate a relevant person as the responsible person in relation to the applicant.

S. 23(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.7(b)).

(3) Safe Transport Victoria may require any one or more of the following from the applicant in relation to the application—

S. 23(3)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.7(c)).

(a) to do a thing specified by Safe Transport Victoria that Safe Transport Victoria reasonably requires in order to assess the application;

(b) to verify, by a statutory declaration, any statement made or information supplied for the purposes of the application;

(c) to give further information for the purposes of the application.

(4) The application, and any further information given by the applicant under subsection (3), must be—

(a) signed in accordance with subsection (5); and

(b) declared by each signatory to be true and correct.

(5) The application must be signed—

(a) if the applicant is a body corporate—

(i) being a company within the meaning of the Corporations Act, in accordance with section 127 of that Act; or

(ii) in any other case, by each director, or each member of the committee of management, of the body corporate; or

(b) if the applicant is an unincorporated association or body, by each member of the committee of management of the association or body; or

(c) if the applicant is a partnership, by each partner; or

(d) if the applicant is a natural person, by that person.

(6) In addition, each signatory referred to in subsection (5) must declare that they are not a person who, under Part 2D.6 of the Corporations Act, is disqualified from managing corporations.

S. 23(7) amended by No. 34/2023 s. 127(Sch. 1 item 1.7(d)).

(7) In the case of an application by a person that is not a natural person, Safe Transport Victoria is entitled to communicate with the relevant person nominated by the applicant under subsection (2)(c).

S. 24 substituted by No. 30/2021 s. 5.

24 Decision on application for accreditation

S. 24(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.8(a)).

(1) Safe Transport Victoria must accredit an applicant if satisfied that—

(a) the applicant is a fit and proper person to be accredited; and

(b) the applicant has, and will continue to have, the competence and capacity to operate a bus service safely; and

(c) all requirements in relation to the application and applicant under this Part have been complied with.

S. 24(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.8(b)).

(2) For the purposes of subsection (1), Safe Transport Victoria must have regard to whether the applicant meets or satisfies the prescribed requirements (if any).

(3) For the purposes of subsections (1) and (2), if the applicant is not a natural person, the responsible person in relation to the applicant must demonstrate that they are a fit and proper person and have the competence and capacity specified in those subsections.

S. 25 substituted by No. 30/2021 s. 5, amended by No. 34/2023 s. 127(Sch. 1 item 1.9(a)).

25 Accreditation to be refused in certain circumstances

Safe Transport Victoria must refuse to accredit an applicant if—

S. 25(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.9(b)).

(a) Safe Transport Victoria is not satisfied the applicant has met the matters set out in section 24(1)(a), (b) or (c); or

(b) the applicant has previously been accredited to operate a bus service but the accreditation was cancelled and the applicant is disqualified from obtaining accreditation in accordance with section 27 or 46.

S. 26 substituted by No. 30/2021 s. 5, amended by No. 34/2023 s. 127(Sch. 1 item 1.10).

26 Accreditation may be refused in certain circumstances

Safe Transport Victoria may refuse to accredit an applicant if Safe Transport Victoria believes on reasonable grounds that the applicant has contravened a condition of the accreditation held, or previously held, by the applicant to operate a bus service.

S. 27 substituted by No. 30/2021 s. 5.

27 Disqualification from ability to apply for accreditation

S. 27(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.11).

(1) If Safe Transport Victoria has refused an application for accreditation, Safe Transport Victoria may determine that the applicant is disqualified from applying for accreditation for the period determined by Safe Transport Victoria.

S. 27(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.11).

(2) The period determined by Safe Transport Victoria under subsection (1) must not exceed 5 years.

S. 28 substituted by No. 30/2021 s. 5.

28 Notification and reasons to be given if accreditation refused

S. 28(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.12(a)).

(1) If Safe Transport Victoria decides to refuse to accredit an applicant, Safe Transport Victoria must—

(a) notify the applicant—

(i) of that refusal; and

S. 28(1)(a)(ii) amended by No. 34/2023 s. 127(Sch. 1 item 1.12(a)).

(ii) if Safe Transport Victoria has made a determination under section 27, of the disqualification; and

S. 28(1)(a)(iii) amended by No. 34/2023 s. 127(Sch. 1 item 1.12(b)).

(iii) that the applicant has a right to seek review of Safe Transport Victoria's decision under Part 6; and

(b) give the applicant a statement of reasons for the refusal, and if section 27 applies, for the disqualification.

(2) A notification under subsection (1)(a) and a statement of reasons under subsection (1)(b) must be—

(a) in writing; and

S. 28(2)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.12(a)).

(b) given to the applicant as soon as practicable after Safe Transport Victoria makes the decision.

Division 3—Provisions relating to accreditation

S. 29 substituted by No. 30/2021 s. 5, amended by No. 34/2023 s. 127(Sch. 1 item 1.13).

29 Classes of accreditation

Safe Transport Victoria may determine different classes of accreditation which are to apply in respect of different types of bus services.

S. 30 substituted by No. 30/2021 s. 5.

30 Issue of certificate of accreditation

S. 30(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.14(a)).

(1) If Safe Transport Victoria grants an application for accreditation under this Part, Safe Transport Victoria must allocate an accreditation number to the accredited bus operator and issue a certificate of accreditation to the accredited bus operator which—

S. 30(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.14(a)).

(a) is in the form approved by Safe Transport Victoria; and

(b) specifies the following—

(i) the accreditation number allocated to the accredited bus operator;

(ii) the name and contact details of the accredited bus operator;

(iii) the name and contact details of the responsible person;

(iv) the class of accreditation;

(v) any conditions to which the accreditation is subject;

S. 30(1)(b)(vi) amended by No. 34/2023 s. 127(Sch. 1 item 1.14(a)).

(vi) any additional information that Safe Transport Victoria considers appropriate.

S. 30(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.14).

(2) Safe Transport Victoria may, on the application of an accredited bus operator accompanied by any reasonable fee determined by Safe Transport Victoria, issue a replacement certificate of accreditation if Safe Transport Victoria is satisfied, whether on the production of a statutory declaration or otherwise, that the certificate last issued to the accredited bus operator has been lost, stolen or destroyed.

(3) An accredited bus operator who has made an application under subsection (2) on the ground that a certificate has been lost or stolen and who subsequently recovers the lost or stolen certificate must, within 14 days after the day on which the certificate is recovered—

S. 30(3)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.14(a)).

(a) notify Safe Transport Victoria of the recovery; and

S. 30(3)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.14(a)).

(b) return the recovered certificate to Safe Transport Victoria unless informed by Safe Transport Victoria that it is not necessary to do so.

S. 31 substituted by No. 30/2021 s. 5.

31 Conditions on accreditation

(1) An accreditation granted to the operator of a bus service under this Part is subject to—

(a) the conditions specified in subsection (2);

(b) any prescribed conditions;

S. 31(1)(c) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(c) any other conditions imposed by Safe Transport Victoria.

(2) An accreditation granted under this Part is subject to the following conditions—

(a) an accredited bus operator must use buses that—

(i) comply with the vehicle standards applicable to buses under the Road Safety Act 1986; and

(ii) comply with prescribed requirements;

(b) an accredited bus operator must—

(i) keep the certificate of accreditation given to the operator under section 30; and

S. 31(2)(b)(ii) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(ii) produce that certificate if Safe Transport Victoria requests that the certificate be produced; and

S. 31(2)(b)(iii) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(iii) if the operator ceases to operate the bus service, return the certificate of accreditation to Safe Transport Victoria;

S. 31(2)(c) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(c) an accredited bus operator must notify Safe Transport Victoria if—

(i) the nature of the bus service changes; and

(ii) the details specified in the application for accreditation change; and

(iii) the operator of the bus service ceases to operate the bus service;

S. 31(2)(d) amended by No. 34/2023 s. 5.

(d) a person must not be permitted to drive a bus for a commercial bus service or local bus service unless that person holds a driver accreditation under Part 4A;

S. 31(2)(e) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(e) any conditions imposed by Safe Transport Victoria under section 36 regarding permission to use drivers who hold a probationary driver licence to drive a bus for an accredited bus service.

S. 31(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.15).

(3) Safe Transport Victoria may, if Safe Transport Victoria considers it necessary or desirable to ensure safety, impose conditions on accreditation that are—

S. 31(3)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(a) general conditions declared by Safe Transport Victoria; or

(b) applicable to the operation of certain classes of bus services; or

(c) imposed on a case by case basis.

S. 31(4) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(4) If Safe Transport Victoria intends to impose general conditions of accreditation under subsection (3)(a) or (3)(b), Safe Transport Victoria must—

(a) advise operators and sectors of the industry that will be affected by the conditions, if declared, of the proposed conditions; and

(b) provide those operators and sectors with an opportunity to make a submission in relation to the proposed conditions.

S. 31(5) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(b)).

(5) Safe Transport Victoria must have regard to any submissions received under subsection (4) before declaring the general conditions.

S. 31(6) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(b)).

(6) Safe Transport Victoria must publish any general conditions declared under subsection (3)(a) or (3)(b) in the Government Gazette.

S. 31(7) amended by No. 34/2023 s. 127(Sch. 1 item 1.15(a)).

(7) If Safe Transport Victoria imposes conditions on the accreditation under subsection (3)(c), Safe Transport Victoria must give the accredited bus operator written notice of that decision.

(8) A notice under subsection (7) must inform the accredited bus operator that they have a right to seek review of the decision under Part 6.

S. 32 substituted by No. 30/2021 s. 5.

32 Offence to fail to comply with conditions of accreditation

An accredited bus operator must comply with—

(a) any condition imposed on the accreditation; and

(b) any condition to which that accreditation is subject.

Penalty: In the case of a natural person, 240 penalty units;

S. 33 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 1.16).

S. 33 substituted by No. 30/2021 s. 5.

33 Time within which Safe Transport Victoria must make decision whether to accredit operator

S. 33(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.17(a)).

(1) Subject to this section, Safe Transport Victoria must decide whether to accredit the operator of a bus service within 3 months after receiving an application from the operator.

S. 33(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.17(b)).

(2) Safe Transport Victoria may, before the expiry of the period specified in subsection (1), decide to extend the period within which to make the decision whether to accredit the operator.

S. 33(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.17(a)).

(3) If Safe Transport Victoria decides to extend the period under subsection (2), Safe Transport Victoria must give the operator written notice of that decision and the new period within which Safe Transport Victoria intends to make the decision.

S. 34 substituted by No. 30/2021 s. 5.

34 Accreditation lasts until cancelled or surrendered

An accreditation remains in effect until it is cancelled or surrendered.

S. 35 substituted by No. 30/2021 s. 5.

35 Accreditation cannot be transferred

(1) An accreditation—

(a) is personal to the accredited bus operator; and

(b) is not capable of being transferred or assigned to any other person or otherwise dealt with by the accredited bus operator; and

(c) does not vest by operation of law in any other person.

(2) A purported transfer, assignment or lease of an accreditation and any other purported dealing with an accreditation by the accredited bus operator who holds it is of no effect.

(3) This section has effect despite anything in any Act (other than the Charter of Human Rights and Responsibilities) or rule of law to the contrary.

S. 36 substituted by No. 30/2021 s. 5.

36 Requirements relating to drivers who hold probationary driver licences

S. 36(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.18).

(1) If Safe Transport Victoria accredits an operator to operate a bus service and is satisfied that the bus service can be safely operated with drivers who hold a probationary driver licence, Safe Transport Victoria may permit the operator to use such drivers subject to any conditions reasonably imposed by Safe Transport Victoria.

(2) A permission given under subsection (1) and any conditions to which that permission is subject must be specified on the certificate of accreditation issued to the operator of the bus service under section 30.

S. 36A inserted by No. 30/2021 s. 5.

36A Annual accreditation fee

S. 36A(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.19(a)).

(1) An accredited bus operator must pay to Safe Transport Victoria an annual accreditation fee by the date specified by written notice given to the operator by Safe Transport Victoria.

(2) The date specified in a notice under subsection (1) must not be less than 10 business days after the date the notice is given to the accredited bus operator.

S. 36A(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.19).

(3) Safe Transport Victoria may suspend or cancel the accreditation of an accredited bus operator if the operator fails to pay an annual accreditation fee by the date specified by Safe Transport Victoria.

S. 36B inserted by No. 30/2021 s. 5.

36B Offence for driver to provide bus service without appropriate driver licence

(1) An accredited bus operator that is accredited in respect of a bus service that is not a commercial bus service or local bus service must ensure that a person driving a motor vehicle that is a bus for that bus service holds an appropriate driver licence for the category of motor vehicle that person is driving for the accredited bus operator.

(2) In subsection (1)—

appropriate driver licence, for a category of motor vehicle, means—

(a) if the accredited bus operator has been given permission under section 36 to use drivers who hold a probationary driver licence to operate a bus service—

(i) a full driver licence for that category of motor vehicle; or

(ii) a probationary driver licence for that category of motor vehicle; or

(iii) a driver licence issued in another jurisdiction that is equivalent to a licence specified in subparagraph (i) or (ii);

(b) in any other case—

(i) a full driver licence for that category of motor vehicle; or

(ii) a driver licence issued in another jurisdiction that is equivalent to the licence specified in subparagraph (i);

full driver licence has the same meaning as it has in the Road Safety Act 1986.

Division 4—Variation and surrender of accreditation

S. 37 substituted by No. 30/2021 s. 5.

37 Accredited bus operator may apply for variation

S. 37(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.20(a)).

(1) An accredited bus operator may apply to Safe Transport Victoria to—

(a) vary any of the following—

(i) a condition of an accreditation;

(ii) the class of bus service for which the operator is accredited to operate;

(iii) the scope of the accreditation by adding a bus service or class of bus service to the accreditation;

(b) revoke a condition of an accreditation.

S. 37(2)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.20(a)).

(a) be in the form approved by Safe Transport Victoria; and

(b) set out the reasons for the variation or revocation of the condition.

S. 37(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.20(b)).

(3) Safe Transport Victoria must consider an application received under this section within 3 months of receiving the application.

S. 37(4) amended by No. 34/2023 s. 127(Sch. 1 item 1.20(b)).

(4) Safe Transport Victoria may, as the case requires—

(a) grant or refuse to grant the variation; or

(b) agree or refuse to agree to the revocation; or

S. 37(4)(c) amended by No. 34/2023 s. 127(Sch. 1 item 1.20(a)).

(c) make any variation to the accreditation that Safe Transport Victoria considers appropriate.

S. 37(5) amended by No. 34/2023 s. 127(Sch. 1 item 1.20(a)).

(5) If Safe Transport Victoria refuses to grant a variation or refuses to agree to a revocation, Safe Transport Victoria must—

(a) notify the accredited bus operator—

(i) of that refusal; and

S. 37(5)(a)(ii) amended by No. 34/2023 s. 127(Sch. 1 item 1.20(c)).

(ii) that the accredited bus operator has a right to seek review of Safe Transport Victoria's decision under Part 6; and

(b) give the accredited bus operator a statement of reasons for the refusal.

(6) A notification under subsection (5)(a) and a statement of reasons under subsection (5)(b) must be—

(a) in writing; and

S. 37(6)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.20(a)).

(b) given to the accredited bus operator as soon as practicable after Safe Transport Victoria makes the decision to refuse to grant the variation or to agree to the revocation (as the case requires).

S. 38 substituted by No. 30/2021 s. 5.

38 Accredited bus operator to notify of relevant changes in circumstances

S. 38(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.21(a)).

(1) If a relevant change in circumstances occurs with respect to an accreditation or an accredited bus operator, the accredited bus operator must notify Safe Transport Victoria of the change in writing within 7 days after becoming aware of the change.

(2) For the purposes of subsection (1), a relevant change in circumstances is a change in circumstances—

(a) that has resulted or will result in any particular set out in the application for the accreditation or in any document that accompanied that application or was supplied in connection with it becoming inaccurate or inapplicable; or

(b) that has resulted or will result in any particular set out in the certificate of accreditation becoming inaccurate or inapplicable; or

(c) with respect to the manner of operating the bus service that has resulted or will or may result in the accredited bus operator not being able to comply with a requirement under this Act; or

(d) that has resulted or will or may result in a ground for refusal of accreditation referred to in section 25 or 26 becoming applicable to the accredited bus operator; or

(e) with respect to the number of buses or bus services being operated by the accredited bus operator.

S. 38(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.21(a)).

(3) If the relevant change in circumstances has resulted or will result in any particular set out in the certificate of accreditation becoming inaccurate or inapplicable, the accredited bus operator must surrender the certificate to Safe Transport Victoria when the accredited operator notifies Safe Transport Victoria of the change under subsection (1).

S. 38(4) amended by No. 34/2023 s. 127(Sch. 1 item 1.21(a)).

(4) If a certificate of accreditation is surrendered to Safe Transport Victoria in accordance with subsection (3), Safe Transport Victoria may amend the certificate or issue a replacement certificate.

S. 38(5) amended by No. 34/2023 s. 127(Sch. 1 item 1.21).

(5) Safe Transport Victoria may require a relevant person to provide any other information or comply with any other requirement (including a criminal records check) that Safe Transport Victoria reasonably requires to decide whether or not, because of a relevant change of circumstances, the accredited bus operator is a suitable person to continue to being accredited.

(6) A person must not fail to comply with a requirement under subsection (5).

Penalty: 20 penalty units.

S. 39 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 1.22).

S. 39 substituted by No. 30/2021 s. 5.

39 Variation of accreditation on Safe Transport Victoria's own initiative

S. 39(1) amended by No. 34/2023 s. 127 (Sch. 1 item 1.23(a)(b)).

(1) Safe Transport Victoria may at any time on Safe Transport Victoria's own initiative—

S. 39(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.23(c)).

(a) vary or revoke a condition imposed by Safe Transport Victoria on an accreditation; or

(b) impose a new condition on an accreditation; or

(c) vary the class of an accreditation; or

(d) vary the scope of an accreditation by adding a bus service or class of bus service to the accreditation.

S. 39(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.23(c)).

(2) Before taking action under subsection (1), Safe Transport Victoria must—

S. 39(2)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.23(c)).

(a) give the accredited bus operator written notice of the action that Safe Transport Victoria proposes to take and of the reasons for taking it; and

S. 39(2)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.23(c)).

(b) allow the accredited bus operator to make written representations about the proposed action within 10 business days (or any other period that Safe Transport Victoria and the accredited bus operator agree).

S. 39(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.23(c)).

(3) Subsection (2) does not apply if Safe Transport Victoria considers it necessary to take immediate action under subsection (1) in the interests of public safety.

S. 39(4) amended by No. 34/2023 s. 127(Sch. 1 item 1.23(a)).

(4) Safe Transport Victoria must give the accredited bus operator written notice of the action taken under subsection (1) as soon as practicable after taking the action.

(a) include a statement of reasons for the action taken; and

(b) include details of any change to the conditions of the accreditation that are required as a result of any amendment to the regulations (if applicable); and

S. 39(5)(c) amended by No. 34/2023 s. 127(Sch. 1 item 1.23(b)).

(c) inform the accredited bus operator that they have a right to seek review of Safe Transport Victoria's decision under Part 6.

S. 40 substituted by No. 30/2021 s. 5.

40 Surrender of accreditation

S. 40(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.24(a)).

(1) An accredited bus operator may apply in writing to Safe Transport Victoria for consent to surrender the accreditation to operate a bus service.

S. 40(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.24(a)).

(2) Subject to subsection (3), on receiving an application under subsection (1) Safe Transport Victoria must consent to the surrender.

S. 40(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.24).

(3) Safe Transport Victoria may impose any condition on the grant of the consent that Safe Transport Victoria considers necessary.

S. 40(4) amended by No. 34/2023 s. 127(Sch. 1 item 1.24(a)).

(4) If Safe Transport Victoria imposes a condition on a consent to surrender the accreditation and that condition applies to a person, the person to whom the condition applies must comply with the condition.

Penalty: 20 penalty units.

Division 5—Bus services under corresponding law

S. 41 substituted by No. 30/2021 s. 5.

41 Unaccredited operators from outside Victoria

A vehicle that is permitted under the laws of another State or Territory to be operated to provide the equivalent of a bus service may operate on a highway, if, in accordance with those laws—

(a) it is used to pick up a passenger in that other State or Territory and take the passenger to a destination in Victoria, and it operates on the highway solely for that purpose; or

(b) having been pre-booked to do so, it is used to pick up a passenger in Victoria for the purpose of taking the passenger to a destination in that other State or Territory, and it operates on the highway solely for that purpose; or

(c) it is used to pick up a passenger in a State or Territory other than Victoria and to take the passenger to a destination in a State or Territory other than Victoria, and it operates on the highway solely for that purpose.

S. 42 substituted by No. 30/2021 s. 5.

42 Criteria on which accreditation application of operator accredited or registered under corresponding law to be assessed

S. 42(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.25).

(1) This section applies if Safe Transport Victoria receives an application for accreditation under Division 2 from an operator that is accredited or registered to operate bus services in another State or Territory of the Commonwealth under a corresponding law.

S. 42(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.25).

(2) If this section applies, Safe Transport Victoria may accredit the operator of a bus service if Safe Transport Victoria is satisfied that the applicant is accredited or registered in another State or Territory of the Commonwealth under a corresponding law to operate bus services of a similar kind to those the subject of the application in that State or Territory.

S. 42(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.25).

(3) If Safe Transport Victoria accredits an operator specified in subsection (2) to operate a bus service—

S. 42(3)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.25).

(a) any conditions imposed on the accreditation or registration of the operator under the corresponding law are taken to be conditions imposed by Safe Transport Victoria under Division 3 for the purposes of accreditation under this Part; and

(b) the conditions that would normally apply to the accreditation under Division 3, apply only to the extent that they are consistent with the conditions imposed on the accreditation or registration of the operator under the corresponding law.

S. 42(4) amended by No. 34/2023 s. 127(Sch. 1 item 1.25).

(4) Despite subsection (3), Safe Transport Victoria may—

(a) determine that conditions imposed on the accreditation or registration of the operator under the corresponding law do not apply for the purposes of accreditation under this Act; and

(b) determine that the conditions specified in Division 3 apply to the operator regardless of whether those conditions are consistent with the conditions imposed on the accreditation or registration of the operator under the corresponding law; and

(c) make any other determination in respect of the conditions that are to apply to the accreditation.

S. 43 substituted by No. 30/2021 s. 5.

43 Notification of changes in circumstances in respect of accreditation or registration under corresponding law

(1) This section applies to an accredited bus operator that is also accredited or registered in another State or Territory of the Commonwealth under a corresponding law to operate bus services of a similar kind in that State or Territory.

S. 43(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.26).

(2) If a relevant change in circumstances occurs with respect to the accreditation or registration of an accredited bus operator under a corresponding law, the accredited bus operator must notify Safe Transport Victoria of the change in writing within 7 days after becoming aware of the change.

(3) For the purposes of subsection (2), a relevant change in circumstances is—

(a) if the accredited bus operator has become subject to disciplinary action in respect of the accreditation or registration under the corresponding law, including the suspension or cancellation of the accreditation or registration under the corresponding law; or

(b) if additional conditions are imposed on the accreditation or registration of the accredited bus operator under the corresponding law.

S. 44 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 1.27).

S. 44 substituted by No. 30/2021 s. 5.

44 Co-ordination between Safe Transport Victoria and corresponding Bus Safety Regulator

S. 44(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.28(a)).

(1) This section applies if Safe Transport Victoria receives an application for accreditation under Division 2, or for variation of accreditation or the conditions of accreditation under Division 4, that indicates that the applicant is accredited or registered, or is seeking accreditation or registration, in another State or a Territory of the Commonwealth under a corresponding law to operate bus services of a similar kind to those the subject of the application under Division 2 or Division 4.

S. 44(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.28(b)).

(2) Safe Transport Victoria must, as soon as possible and before deciding whether or not to grant the application, consult with the relevant corresponding Bus Safety Regulator, or Regulators, in relation to the application with a view to the outcome of the application being consistent with the outcome of applications made in the other jurisdiction or jurisdictions.

S. 44(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.28(b)).

(3) Safe Transport Victoria, in complying with subsection (2), must take into account any guidelines prepared under subsection (5).

S. 44(4) amended by No. 34/2023 s. 127(Sch. 1 item 1.28(a)).

(4) If Safe Transport Victoria does not, in relation to an application, act consistently with the provisions of any guidelines prepared under subsection (5), Safe Transport Victoria must give the applicant reasons for not so acting.

S. 44(5) amended by No. 34/2023 s. 127(Sch. 1 item 1.28(a)).

(5) The Minister may prepare guidelines about the manner of the consultation Safe Transport Victoria is required to undertake under subsection (2).

Division 6—Suspension, cancellation and other disciplinary action

S. 45 substituted by No. 30/2021 s. 5.

45 Immediate suspension of accreditation

S. 45(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.29).

(1) Safe Transport Victoria may, subject to and in accordance with the regulations (if any), immediately suspend an accreditation if Safe Transport Victoria considers it necessary to do so in the public interest.

S. 45(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.29(a)).

(2) Safe Transport Victoria may immediately suspend an accreditation under this section without holding an inquiry under section 46.

(3) A suspension under this section may be—

(a) for a specified period; or

(b) until a specified event; or

(c) if the accredited bus operator has an accreditation or registration under a corresponding law that has been suspended or cancelled, until the interstate accreditation or registration is reinstated; or

S. 45(3)(d) amended by No. 34/2023 s. 127(Sch. 1 item 1.29(b)).

(d) until a further determination is made by Safe Transport Victoria.

S. 45(4) amended by No. 34/2023 s. 127(Sch. 1 item 1.29(b)).

(4) If the accreditation of an accredited bus operator has been suspended, the operator may, by notice served on Safe Transport Victoria, require Safe Transport Victoria to hold an inquiry under section 46.

S. 45(5) amended by No. 34/2023 s. 127 (Sch. 1 item 1.29(a)).

(5) Safe Transport Victoria must commence an inquiry under section 46 within 7 days after the service of a notice under subsection (4).

S. 45(6) amended by No. 34/2023 s. 127(Sch. 1 item 1.29(b)).

(6) If an inquiry is to be held under section 46, Safe Transport Victoria may determine that a suspension of an accreditation continues to have effect until the completion of that inquiry.

(7) If an inquiry is held under section 46, a suspension under this section, if then still in effect, ceases to have effect on the completion of that inquiry.

S. 45(8) amended by No. 34/2023 s. 127(Sch. 1 item 1.29(b)).

(8) Nothing in this section limits any power of Safe Transport Victoria under section 46.

S. 46 substituted by No. 30/2021 s. 5.

46 Disciplinary action against an accredited bus operator

S. 46(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.30(a)).

(1) Safe Transport Victoria may hold an inquiry for the purpose of determining whether proper cause exists for taking disciplinary action against an accredited bus operator.

(2) There is proper cause for taking disciplinary action against the accredited bus operator if the operator or a relevant person in relation to that accredited bus operator (as the case requires)—

(a) has contravened this Act or the regulations; or

(b) has not complied with a condition of accreditation; or

(c) has obtained the accreditation improperly; or

S. 46(2)(d) amended by No. 34/2023 s. 127(Sch. 1 item 1.30(b)).

(d) would no longer satisfy any one or more of the matters that Safe Transport Victoria must consider when deciding whether to accredit or refuse to accredit the operator as an accredited bus operator.

S. 46(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.30(b)).

(3) If, following an inquiry, Safe Transport Victoria is satisfied proper cause for taking disciplinary action against the accredited bus operator exists, Safe Transport Victoria may do one or more of the following—

(a) reprimand the accredited bus operator;

(b) impose one or more new conditions on the accreditation;

S. 46(3)(c) amended by No. 34/2023 s. 127(Sch. 1 item 1.30(b)).

(c) suspend the accreditation for a specified period or until a specified event or until a further determination is made by Safe Transport Victoria;

(d) vary the conditions of, or scope of the accreditation;

(e) cancel the accreditation and, if reasonable cause exists, disqualify the operator from applying for accreditation—

(i) permanently; or

(ii) for a specified period or until a specified event.

S. 47 substituted by No. 30/2021 s. 5.

47 Procedure and powers concerning disciplinary inquiries

S. 47(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.31(a)).

(1) In exercising powers under section 46, Safe Transport Victoria—

(a) must act fairly and according to equity and good conscience without regard to technicalities or legal forms; and

(b) is not required to act in a formal manner; and

S. 47(1)(c) amended by No. 34/2023 s. 127(Sch. 1 item 1.31(a)).

(c) is not bound by rules or practice as to evidence but may be informed in relation to any matter in any manner that Safe Transport Victoria thinks fit.

S. 47(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.31(a)).

(2) For the purpose of, and in connection with, any inquiry under section 46, Safe Transport Victoria has the powers conferred by sections 14, 15, 16, 20, 20A and 21A of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before their repeal, on a board appointed by the Governor in Council and those sections apply as if Safe Transport Victoria was the sole member of the board.

S. 47(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.31(b)).

(3) The procedure of or in connection with an inquiry under section 46 is at Safe Transport Victoria's discretion.

S. 48 substituted by No. 30/2021 s. 5.

48 Procedure for taking disciplinary action

S. 48(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.32(a)).

(1) This section applies if Safe Transport Victoria proposes to take disciplinary action against an accredited bus operator under this Part.

S. 48(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.32(b)).

(2) Safe Transport Victoria must serve on the accredited bus operator a notice (a disciplinary notice) that—

(a) specifies the proposed disciplinary action (including any proposed period of suspension or disqualification); and

(b) specifies the grounds for the proposed disciplinary action; and

(c) invites the accredited bus operator to make a written submission within 20 business days as to why the proposed disciplinary action should not be taken.

S. 48(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.32(a)).

(3) An accredited bus operator served with a disciplinary notice under subsection (2) may request that Safe Transport Victoria extend the time within which the accredited bus operator must make a submission under the notice.

(4) A request under subsection (3) must be in writing and set out the reasons for the request.

S. 48(5) amended by No. 34/2023 s. 127(Sch. 1 item 1.32(a)).

(5) On receiving a request under subsection (3), Safe Transport Victoria, by written notice served on the accredited bus operator, may extend the time within which the accredited bus operator may make the submission.

(6) A notice under subsection (5) must state the new date by which the accredited bus operator may make the submission.

S. 49 substituted by No. 30/2021 s. 5.

49 Effect of suspension

An operator whose accreditation is suspended—

(a) is not accredited during the period of suspension; and

(b) is disqualified from applying for an accreditation of a kind for which the person was suspended.

Pt 4 Div. 7 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 1.33).

Division 7—Exemptions granted by Safe Transport Victoria

S. 50 substituted by No. 30/2021 s. 5.

50 Definition

In this Division, designated provision means any or all of the following—

(a) section 22;

(b) section 23;

(c) section 24;

(d) regulations made for the purposes of the sections referred to in paragraphs (a), (b) and (c).

S. 51 substituted by No. 30/2021 s. 5.

51 Accreditation exemption for operators

S. 51(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.34(a)).

(1) An operator of a bus service may apply to Safe Transport Victoria for an exemption from a designated provision in respect of a specified bus service carried out, or proposed to be carried out, by or on behalf of the operator.

S. 51(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.34(a)).

(2) An application must be made in the manner and form approved by Safe Transport Victoria and must—

(a) specify the scope and nature of the bus service in respect of which an exemption is sought; and

(b) contain any prescribed information; and

(c) be accompanied by the prescribed application fee (if any).

S. 51(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.34(b)).

(3) Safe Transport Victoria may require an operator who has applied for an exemption to—

S. 51(3)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.34(a)).

(a) supply further information requested by Safe Transport Victoria; and

S. 51(3)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.34(a)).

(b) verify by statutory declaration any information supplied to Safe Transport Victoria.

S. 52 substituted by No. 30/2021 s. 5, amended by No. 34/2023 s. 127(Sch. 1 item 1.35).

52 What applicant must demonstrate

Safe Transport Victoria must not grant an exemption to an applicant unless satisfied that the applicant has demonstrated—

(a) that the applicant is, or is to be, an operator in relation to the bus service in respect of which the exemption is sought; and

(b) that the applicant has complied with the requirements prescribed by the regulations (if any) for the purposes of this section.

S. 53 substituted by No. 30/2021 s. 5.

53 Determination of application for exemption

S. 53(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(1) Subject to this section, Safe Transport Victoria must, within the relevant period—

S. 53(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(a) if Safe Transport Victoria is satisfied as to the matters referred to in section 52—notify the applicant that an exemption from a designated provision has been granted, with or without conditions or restrictions; or

S. 53(1)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(b) if Safe Transport Victoria is not satisfied as to the matters referred to in section 52—notify the applicant that the application has been refused.

(2) An exemption under this Division is subject to—

(a) any conditions or restrictions prescribed by the regulations for the purposes of this section that are applicable to the exemption; and

S. 53(2)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(b) any other condition or restriction imposed on the exemption by Safe Transport Victoria.

(3) Notification under this section—

(a) must be in writing and given to the applicant; and

(b) if the exemption has been granted, must specify—

(i) the details of the applicant; and

(ii) the scope and nature of the bus service, and the manner in which it is to be carried out, in respect of which the exemption is granted; and

S. 53(3)(b)(iii) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(iii) any condition or restriction imposed by Safe Transport Victoria under this section on the exemption; and

(iv) any other prescribed information; and

(c) if a condition or restriction has been imposed on the exemption, must include—

(i) the reasons for imposing the condition or restriction; and

(d) if the application has been refused, must include—

(i) the reasons for the decision to refuse to grant the application; and

(e) if the relevant period in relation to an application has been extended, must include information about the right of review under Part 6.

(4) In this section, relevant period, in relation to an application, means the later of—

S. 53(4)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(a) 6 months after the application was received by Safe Transport Victoria; or

S. 53(4)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(b) if Safe Transport Victoria requested further information, 6 months, or such other period, as is agreed between Safe Transport Victoria and the applicant, after Safe Transport Victoria receives the last information so requested; or

S. 53(4)(c) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(c) if Safe Transport Victoria, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period.

S. 54 substituted by No. 30/2021 s. 5.

54 Application for variation of an exemption

S. 54(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.37(a)).

(1) An operator of a bus service who has been granted an exemption under this Division may, at any time, apply to Safe Transport Victoria for a variation of the exemption.

S. 54(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.37(a)).

(2) An operator of a bus service who has been granted an exemption under this Division must apply to Safe Transport Victoria for a variation of the exemption if—

(a) the operator proposes to vary the scope and nature of the bus service in respect of which the exemption has been granted; or

(b) any other variation is proposed in respect of the bus service in respect of which the exemption has been granted that should be reflected in the exemption.

S. 54(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.37(a)).

(3) An application for variation must be made in the manner and form approved by Safe Transport Victoria and must—

(a) specify the details of the variation being sought; and

(b) contain any prescribed information; and

(c) be accompanied by the prescribed application fee (if any).

S. 54(4) amended by No. 34/2023 s. 127(Sch. 1 item 1.37(b)).

(4) Safe Transport Victoria may require an applicant for a variation—

S. 54(4)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.37(a)).

(a) to supply further information requested by Safe Transport Victoria; and

S. 54(4)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.37(a)).

(b) to verify by statutory declaration any information supplied to Safe Transport Victoria.

S. 55 substituted by No. 30/2021 s. 5.

55 Determination of application for variation

S. 55(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(a)).

(1) Subject to this section, Safe Transport Victoria must, within the relevant period—

S. 55(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(a)).

(a) if Safe Transport Victoria is satisfied as to the matters referred to in section 52 (so far as they are applicable to the proposed variation)—notify the applicant that the exemption has been varied, with or without conditions or restrictions; or

S. 55(1)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(a)).

(b) if Safe Transport Victoria is not so satisfied—notify the applicant that the application has been refused.

(2) Notification under this section—

(a) must be in writing and given to the applicant; and

(b) if the exemption has been varied, must specify—

(i) the details of the applicant; and

(ii) the variation to the exemption so far as it applies to the scope and nature of the bus service, or the manner in which it is to be carried out; and

S. 55(2)(b)(iii) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(a)).

(iii) any conditions and restrictions imposed by Safe Transport Victoria on the exemption as varied; and

(iv) any other prescribed information; and

(c) if a condition or restriction has been imposed on the exemption as varied, must include—

(i) the reasons for imposing the condition or restriction; and

(d) if the application has been refused, must include—

(i) the reasons for the decision to refuse to grant the application; and

(e) if the relevant period in relation to an application has been extended, must include information about the right of review under Part 6.

(3) In this section, relevant period, in relation to an application, means the later of—

S. 55(3)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(b)).

(a) 6 months after the application was received by Safe Transport Victoria; or

S. 55(3)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(b)).

(b) if Safe Transport Victoria requested further information, 6 months, or such other period, as is agreed between Safe Transport Victoria and the applicant, after Safe Transport Victoria receives the last information so requested; or

S. 55(3)(c) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(b)).

(c) if Safe Transport Victoria, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period.

S. 55A inserted by No. 30/2021 s. 5.

55A Prescribed conditions and restrictions

An exemption granted to an operator of a bus service that is varied under this Division is subject to any conditions or restrictions prescribed by the regulations that are applicable to the exemption as varied.

S. 55B inserted by No. 30/2021 s. 5.

55B Variation of conditions and restrictions

S. 55B(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.39(a)).

(1) An operator of a bus service who has been granted an exemption under this Division may, at any time, apply to Safe Transport Victoria for a variation of a condition or restriction imposed by Safe Transport Victoria to which the exemption is subject.

(2) An application for variation of a condition or restriction must be made as if it were an application for variation of an exemption under section 54.

S. 55B(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.39(b)).

(3) Safe Transport Victoria must consider the application and, if satisfied as to the matters referred to in sections 52 and 53 (so far as they are applicable to the proposed variation), notify the applicant in accordance with the provisions of this Division applicable to the granting of an exemption (so far as is practicable) that the variation has been granted or refused.

(4) Notification under subsection (3) that a variation has been refused must include the reasons for the decision to refuse to grant the variation and information about the right of review under Part 6.

S. 55C (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 1.40).

S. 55C inserted by No. 30/2021 s. 5.

55C Safe Transport Victoria may make changes to conditions or restrictions

S. 55C(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.41(a)).

(1) Subject to this section, Safe Transport Victoria may, at any time, vary or revoke a condition or restriction imposed by Safe Transport Victoria on an exemption granted to an operator of a bus service under this Division or impose a new condition or restriction.

S. 55C(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.41(a)).

(2) Before taking action under this section, Safe Transport Victoria must—

S. 55C(2)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.41(a)).

(a) give the operator written notice of the action that Safe Transport Victoria proposes to take; and

S. 55C(2)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.41(a)).

(b) allow the operator to make written representations about the intended action within 28 days (or any other period that is agreed between Safe Transport Victoria and the operator); and

(c) consider any representations made under paragraph (b) and not withdrawn.

S. 55C(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.41(b)).

(3) Safe Transport Victoria must, by written notice given to the operator, provide—

(a) details of any action taken under this section; and

(b) a statement of reasons for any action taken under this section; and

(c) information about the right of review under Part 6.

S. 55D inserted by No. 30/2021 s. 5.

55D Revocation or suspension of an exemption

(1) This section applies to an operator of a bus service who has been granted an exemption under this Division if—

S. 55D(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(a) Safe Transport Victoria considers that the operator—

S. 55D(1)(a)(i) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(i) is no longer able to demonstrate to the satisfaction of Safe Transport Victoria the matters referred to in section 52 or to satisfy the conditions, or to comply with the restrictions, of the exemption; or

(ii) is not operating the bus service to which the exemption relates, or has not done so for at least the preceding 12 months; or

(b) the operator contravenes this Act or the regulations.

S. 55D(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(b)).

(2) Safe Transport Victoria may—

S. 55D(2)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(a) suspend the exemption for a period determined by Safe Transport Victoria; or

(b) revoke the exemption with immediate effect or with effect from a specified future date.

S. 55D(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(3) Before making a decision under subsection (2), Safe Transport Victoria—

(a) must notify the operator in writing—

S. 55D(3)(a)(i) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(i) that Safe Transport Victoria is considering making a decision under subsection (2) of the kind, and for the reasons, specified in the notice; and

S. 55D(3)(a)(ii) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(ii) that the operator may, within 28 days or such longer period as is specified in the notice, make written representations to Safe Transport Victoria showing cause why the decision should not be made; and

(b) must consider any representations made under paragraph (a)(ii) and not withdrawn.

S. 55D(4) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(4) If Safe Transport Victoria suspends or revokes the exemption, Safe Transport Victoria must, by written notice given to the operator, provide—

(a) a statement of reasons for the suspension or revocation; and

(b) information about the right of review under Part 6.

S. 55D(5) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(b)).

(5) Safe Transport Victoria may withdraw a suspension of the exemption by written notice given to the operator.

S. 55E inserted by No. 30/2021 s. 5.

55E Penalty for breach of condition or restriction

An operator of a bus service who has been granted an exemption under this Division must not contravene a condition or restriction of the exemption applying under this Division.

Penalty: In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

Division 8—Miscellaneous

S. 55F inserted by No. 30/2021 s. 5, amended by No. 34/2023 s. 127(Sch. 1 item 1.43).

55F Operator to return certificate when accreditation cancelled or surrendered

An operator must return to Safe Transport Victoria the certificate of accreditation issued to the operator on accreditation, if the accreditation of the operator is cancelled or surrendered under this Act.

Penalty: In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

S. 55G (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 1.44).

S. 55G inserted by No. 30/2021 s. 5.

55G Safe Transport Victoria may request information

S. 55G(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.45).

(1) Safe Transport Victoria may, within a period of time specified by Safe Transport Victoria, request an accredited bus operator to give Safe Transport Victoria information relating to the safety of the bus service operated by the accredited bus operator.

Example

Information relating to the safety of a bus service may include details relating to any incidents that may have occurred, any hazards that may have been identified or the type of risk management activities undertaken by an accredited bus operator.

S. 55G(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.45(b)).

(2) An accredited bus operator must comply with a request made by Safe Transport Victoria under subsection (1).

Penalty: 1200 penalty units.

S. 55H inserted by No. 30/2021 s. 5, amended by No. 34/2023 s. 127(Sch. 1 item 1.46).

55H Communication with responsible person

If an accredited bus operator is not a natural person, Safe Transport Victoria may communicate at any time in relation to the accreditation with the responsible person.

Pt 4A (Headings and ss 55I–55ZI inserted by No. 34/2023 s. 6.

Part 4A—Accreditation of drivers of commercial bus services and local bus services

Division 1—Preliminary

S. 55I inserted by No. 34/2023 s. 6.

55I Public care objective

The public care objective is the objective that the services provided by drivers of vehicles used for the operation of commercial bus services, commercial minibus services and local bus services—

(a) be provided to persons using those services and to other persons, particularly children and other vulnerable persons—

(i) with safety; and

(ii) with comfort, amenity and convenience; and

(b) be provided in a manner that is not fraudulent or dishonest.

Division 2—Non-accreditation offence

S. 55J inserted by No. 34/2023 s. 6.

55J Offence for driver to provide services without accreditation

A person must not, as the driver of a bus, provide a commercial bus service, commercial minibus service or a local bus service if the person is not accredited—

(a) under this Part; or

(b) under Part 5 of the Commercial Passenger Vehicle Industry Act 2017.

Division 3—Driver accreditations

S. 55K inserted by No. 34/2023 s. 6.

55K Application for driver accreditation

(1) A person may apply to Safe Transport Victoria for the issue of a driver accreditation.

(a) be made in the manner and form approved by Safe Transport Victoria; and

(b) be accompanied by—

(i) the information and things required by Safe Transport Victoria (if any); and

(ii) the fee (if any) for the application determined by Safe Transport Victoria under section 71A.

(3) Safe Transport Victoria may require any one or more of the following in relation to an application—

(a) an applicant do a thing specified by Safe Transport Victoria that Safe Transport Victoria reasonably requires in order to assess the application;

(b) verification, by a statutory declaration, of any statement made or information given for the purposes of the application;

(c) an applicant give further information for the purposes of the application.

(4) Any further information given by the applicant under subsection (3)(c) must be—

(a) if the regulations so provide, signed in accordance with the regulations; and

(b) declared by each signatory to be true and correct.

(5) Safe Transport Victoria may require an applicant to—

(a) be photographed at a place and in a manner specified by Safe Transport Victoria; and

(b) give Safe Transport Victoria a specimen signature at a place and in a manner specified by Safe Transport Victoria.

S. 55L inserted by No. 34/2023 s. 6.

55L Tests, qualifications and other requirements

(1) Safe Transport Victoria may require an applicant for driver accreditation to do all or any of the following—

(a) undertake a specified prescribed course of training;

(b) obtain a specified prescribed qualification;

(c) pass specified prescribed tests, including tests relating to—

(i) the applicant's fitness to drive a vehicle; and

(ii) the applicant's medical condition.

(2) Safe Transport Victoria may specify courses of training by reference to either or both of the following—

(a) the name of the course;

(b) the provider of the course.

(3) In specifying a course of training, Safe Transport Victoria must—

(a) be satisfied about—

(i) its content and nature; and

(ii) the materials, resources and equipment required to provide it; and

(b) have regard to the public care objective.

(4) Safe Transport Victoria must publish the name and provider of any course of training specified under this section on Safe Transport Victoria's Internet site.

S. 55M inserted by No. 34/2023 s. 6.

55M Matters to which Safe Transport Victoria may have regard in considering application

(1) In considering an application for the issue of a driver accreditation, Safe Transport Victoria may have regard to any of the following—

(a) whether the applicant has at any time (whether before, on or after the commencement of this section) been subject to a relevant disciplinary or regulatory finding within the meaning of the Worker Screening Act 2020;

(b) any infringement notice served on the applicant for a transport offence—

(i) that has not been withdrawn or cancelled; and

(ii) in relation to which information lodged under section 40(1)(a) of the Infringements Act 2006 is not deemed to be a charge-sheet charging the offence by operation of section 40(1)(b) of that Act.

(2) In relation to an infringement notice referred to in subsection (1)(b), Safe Transport Victoria may have regard to the following—

(a) the nature and gravity of the transport offence and its relevance to the purpose for which the applicant seeks to be accredited;

(b) when the transport offence is alleged to have been committed;

(c) whether the transport offence still exists;

(d) the age of the applicant at the time of the alleged commission of the transport offence;

(e) the applicant's behaviour since the alleged commission of the transport offence;

(f) the likelihood of the applicant committing another transport offence of the same kind;

(g) whether the transport offence has been expiated;

(h) 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;

(i) if the infringement notice was served for a traffic infringement for which demerit points were incurred under Part 4 of the Road Safety Act 1986, the effect on the applicant of the operation of that Part including the incurring of the demerit points;

(j) if the infringement notice was served for a traffic infringement, whether the applicant made any of the following statements under Part 6AA of the Road Safety Act 1986 in relation to the traffic infringement—

(i) an illegal user statement;

(ii) a known user statement;

(iii) a sold vehicle statement;

(iv) an unknown user statement;

(k) if the infringement notice was served for a traffic infringement and the applicant made a statement mentioned in paragraph (j)(ii) or (iii) in relation to the traffic infringement, whether a person made a nomination rejection statement under Part 6AA of the Road Safety Act 1986 in response to that statement;

(l) any information that the applicant has given Safe Transport Victoria in relation to the infringement notice, including reasons why the infringement penalty stated in it was paid.

(3) In this section—

transport offence means—

(a) an offence under this Act or the regulations; or

(b) an offence under Part 5 of the Commercial Passenger Vehicle Industry Act 2017 or regulations made for the purposes of that Part; or

(c) a traffic infringement.

S. 55N inserted by No. 34/2023 s. 6.

55N Time within which Safe Transport Victoria must deal with application

(1) Subject to this Division, Safe Transport Victoria must decide whether to approve or refuse an application for accreditation within 20 business days after receiving the application.

(2) Safe Transport Victoria, before the expiry of the period specified in subsection (1) or that period as extended under this subsection, may decide to extend the period within which it may decide whether to approve or refuse an application.

(3) If Safe Transport Victoria decides to extend the period, Safe Transport Victoria must give the applicant written notice of—

(a) that decision; and

(b) the new period within which Safe Transport Victoria intends to make the decision whether to approve or refuse an application.

S. 55O inserted by No. 34/2023 s. 6.

55O Decision on application for driver accreditation

(1) Safe Transport Victoria, having considered the matters referred to in section 55M, may issue a driver accreditation if satisfied—

(a) that it is appropriate to do so having regard to the public care objective; and

(b) that the applicant—

(i) is technically competent and sufficiently fit and healthy to drive a bus for the purpose of providing a commercial bus service, a commercial minibus service or a local bus service; and

(ii) is a fit and proper person to provide a commercial bus service, a commercial minibus service or a local bus service; and

(c) that the applicant has complied with the requirements under this Part in relation to the application, including paying the application fee (if any) determined by Safe Transport Victoria under section 71A.

(2) However, Safe Transport Victoria must refuse to issue a driver accreditation if aware that the applicant—

(a) does not hold an Australian driver licence; or

(b) has been found guilty of a category 1 offence; or

(c) is a person who is subject to—

S. 55O(2)(c)(i) amended by No. 28/2025 s. 39.

(i) reporting obligations imposed under the Sex Offenders Registration Act 2004; or

(ii) a supervision order or interim supervision order within the meaning of the Serious Offenders Act 2018.

(3) Unless satisfied that the applicant has shown that the issue of a driver accreditation is appropriate in the circumstances, Safe Transport Victoria must also refuse to issue a driver accreditation if aware that the applicant—

(a) has been found guilty of a category 2 offence; or

(b) is subject to a charge for a category 1 offence that has not been finally disposed of at the time of considering the application.

(4) Without limiting the discretion of Safe Transport Victoria, Safe Transport Victoria may refuse to issue a driver accreditation if aware that the applicant—

(a) has been found guilty of a category 3 offence; or

(b) is subject to a charge for a category 2 offence or category 3 offence that has not been finally disposed of at the time of considering the application.

(5) Safe Transport Victoria must not refuse to issue a driver accreditation on a ground referred to in subsection (2) if a decision to refuse to issue an accreditation or cancel an accreditation in respect of the person on that ground has previously been set aside (without being remitted) by VCAT.

(6) In making a decision under subsection (3) or (4), Safe Transport Victoria may have regard to the following matters in relation to the category 2 offence or category 3 offence—

(a) the nature and gravity of the offence and its relevance to the service to be provided by the applicant;

(b) the period of time since the applicant committed the offence;

(c) whether a finding of guilt or conviction was recorded;

(d) the sentence imposed for the offence;

(e) the age of the applicant when the offence was committed;

(f) in relation to any sexual offence, the age of any victim;

(g) whether or not the conduct that constituted the offence has been decriminalised since the offence was committed;

(h) the applicant's behaviour since committing the offence;

(i) the likelihood of the applicant committing another such offence in the future, in particular, any future threat to a child or other vulnerable person;

(j) any information given by the applicant.

S. 55P inserted by No. 34/2023 s. 6.

55P Safe Transport Victoria must notify applicant of decision

(1) As soon as practicable after making a decision to approve or refuse an application for the issue of a driver accreditation, Safe Transport Victoria must give to the applicant written notice of the decision.

(2) If the decision is to refuse the application, the notice must—

(a) include a statement of reasons for the decision; and

(b) if the application is refused on a ground set out in section 55O(2)(b) or (c), inform the person that they have a right to seek review of Safe Transport Victoria's decision under section 58A; and

(c) if the application is refused on a ground set out in section 55O(3) or (4), inform the person that they have a right to seek review of Safe Transport Victoria's decision under Part 6.

S. 55Q inserted by No. 34/2023 s. 6.

55Q Conditions on driver accreditation

(1) Safe Transport Victoria may impose conditions on a driver accreditation on issuing the accreditation.

(2) In considering whether or not to impose conditions on a driver accreditation, Safe Transport Victoria must have regard to the public care objective.

(3) Without limiting subsection (1), Safe Transport Victoria may impose on a driver accreditation a condition requiring the accredited driver to undertake a course of training or to pass a test specified under section 55L.

(4) If Safe Transport Victoria decides to impose conditions on a driver accreditation, Safe Transport Victoria must give the accredited driver—

(a) written notice of the decision; and

(b) a written copy of the conditions to which the accreditation is subject.

(5) A notice under subsection (4)(a) must inform the accredited driver that they have a right to seek review of the decision under Part 6.

(6) A driver accreditation is also subject to any prescribed condition.

S. 55QA inserted by No. 34/2023 s. 6.

55QA Certificate of accreditation

On issuing a driver accreditation, Safe Transport Victoria must issue a certificate of accreditation that—

(a) is in the form approved by Safe Transport Victoria; and

(b) sets out the name of the accredited driver.

S. 55R inserted by No. 34/2023 s. 6.

55R Driver accreditation lasts until cancelled or surrendered

A driver accreditation remains in effect until it is cancelled or surrendered.

S. 55S inserted by No. 34/2023 s. 6.

55S Annual accreditation fees

(1) An accredited driver must pay to Safe Transport Victoria the appropriate annual accreditation fee by the date specified by written notice given to the driver by Safe Transport Victoria.

For the annual accreditation fee, see section 71A.

(2) The date specified in a notice under subsection (1) must not be less than 10 business days after the date the notice is given to the accredited driver.

(3) Safe Transport Victoria may suspend or cancel an accredited driver's driver accreditation if the driver fails to pay an annual accreditation fee by the date specified by Safe Transport Victoria.

S. 55T inserted by No. 34/2023 s. 6.

55T Safe Transport Victoria may vary or revoke conditions or impose new conditions

(1) Safe Transport Victoria may at any time (on Safe Transport Victoria's own initiative or on the written application of an accredited driver)—

(a) vary or revoke a condition imposed by Safe Transport Victoria on a driver accreditation; or

(b) impose a new condition on a driver accreditation.

(2) In considering whether or not to vary or revoke a condition, or impose a new condition, on a driver accreditation, Safe Transport Victoria must have regard to the public care objective.

(3) Without limiting subsection (1)(b), Safe Transport Victoria may impose on a driver accreditation a condition requiring the accredited driver to undertake a course of training or to pass a test specified under section 55L.

(4) Safe Transport Victoria must give the accredited driver written notice of the action taken under subsection (1) as soon as practicable after taking the action.

(a) include a statement of reasons for the action taken; and

(b) inform the accredited driver that they have a right to seek review of Safe Transport Victoria's decision to take the action under Part 6.

S. 55U inserted by No. 34/2023 s. 6.

55U Offence to fail to comply with conditions of driver accreditation

An accredited driver must comply with—

(a) any condition imposed on the driver accreditation; and

(b) any prescribed condition to which that accreditation is subject.

Penalty: 30 penalty units.

Division 4—Disqualification from holding driver accreditation

S. 55V inserted by No. 34/2023 s. 6.

55V Disqualification from applying for driver accreditation

(1) If Safe Transport Victoria refuses an application for the issue of a driver accreditation under this Part, Safe Transport Victoria may determine that the applicant is disqualified from applying for the issue of a driver accreditation for a period determined by Safe Transport Victoria.

(2) A period determined by Safe Transport Victoria under subsection (1) must not exceed 5 years.

(3) In making a determination under subsection (1), Safe Transport Victoria must have regard to—

(a) the public care objective; and

(b) if the person has been found guilty of a category 2 offence or category 3 offence, the matters set out in section 55O(6).

(4) Safe Transport Victoria must give the applicant written notice of the disqualification as soon as practicable after the determination to disqualify the applicant.

(a) specify the period of disqualification; and

(b) include a statement of reasons for the action taken; and

(c) inform the applicant that they have a right to seek review of Safe Transport Victoria's determination to take the action under Part 6.

S. 55VA inserted by No. 34/2023 s. 6.

55VA Disqualification ceases if there has been a relevant change of circumstances

(1) A person who has been disqualified under section 55V is not entitled to make a further application for the issue of a driver accreditation under this Part—

(a) until the period determined by Safe Transport Victoria has elapsed; or

(b) unless Safe Transport Victoria declares that the disqualification ceases to have effect.

(2) The person may apply in writing to Safe Transport Victoria for a declaration that the disqualification ceases to have effect.

(3) On receiving an application under subsection (2), Safe Transport Victoria must declare that the disqualification ceases to have effect if satisfied that there has been a relevant change in circumstances in relation to the person.

(4) In this section—

relevant change in circumstances, in relation to a person, includes where—

(a) a charge that the person was subject to, that was pending at the date of the disqualification, is finally dealt with, without the person being found guilty of the offence; or

(b) a finding of guilt of the person is quashed or set aside by a court after the date of the disqualification; or

(c) a finding on which the decision to disqualify the person under section 55V was based is quashed or set aside after the date of the disqualification.

Division 5—Driver accreditation offences

S. 55VB inserted by No. 34/2023 s. 6, repealed by No. 56/2025 s. 3.

S. 55VC inserted by No. 34/2023 s. 6.

55VC Offence not to notify change of address and return certificate of accreditation

(a) changes their residential address; and

(b) does not within 5 business days after that change occurring—

(i) notify Safe Transport Victoria of it; and

(ii) return the certificate of accreditation to Safe Transport Victoria.

(2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

S. 55VD inserted by No. 34/2023 s. 6.

55VD Offence not to notify of suspension or cancellation of driver accreditation

(1) A person issued with a driver accreditation commits an offence if the person—

(a) is employed or engaged by an accredited bus operator; and

(b) receives notice of the suspension or cancellation of their driver accreditation; and

(c) does not notify the accredited bus operator of the suspension or cancellation within 5 business days after receiving that notice.

(2) A person who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

S. 55VE inserted by No. 34/2023 s. 6.

55VE Offence not to notify of being charged with, or found guilty of, a disqualifying offence

(a) is charged with, or found guilty of, a disqualifying offence; and

(b) does not notify Safe Transport Victoria of the charge or the finding of guilt within 20 business days after being so charged or found guilty.

(2) An accredited driver commits an offence if the driver—

(a) becomes subject to reporting obligations or an order of a kind referred to in section 55O(2)(c); and

(b) does not notify Safe Transport Victoria of the obligations or order within 20 business days after becoming subject to them.

(3) An accredited driver who commits an offence against subsection (1) or (2) is liable to a penalty not exceeding 5 penalty units.

S. 55VF inserted by No. 34/2023 s. 6.

55VF Offence to retain illegible certificate of accreditation

(1) An accredited driver commits an offence if—

(a) the driver's certificate of accreditation becomes illegible or is altered or defaced; and

(b) the driver does not return the certificate to Safe Transport Victoria and apply for the issue of a replacement certificate within 5 business days after becoming aware that the certificate has become illegible or is altered or defaced.

(2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

S. 55VG inserted by No. 34/2023 s. 6.

55VG Offence to retain certificate if accreditation suspended or cancelled

(1) A person issued with a driver accreditation commits an offence if the person—

(a) receives notice of the suspension or cancellation of their driver accreditation; and

(b) does not return their certificate of accreditation to Safe Transport Victoria within 20 business days after receiving notice of the suspension or cancellation.

(2) A person who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

S. 55VH inserted by No. 34/2023 s. 6.

55VH Offence not to carry certificate of accreditation when driving

(1) An accredited driver commits an offence if the driver does not carry their certificate of accreditation while driving a bus for the purpose of providing a commercial bus service, commercial minibus service or a local bus service.

(2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

S. 55VI inserted by No. 34/2023 s. 6.

55VI Driver accreditation cannot be transferred

(1) A driver accreditation—

(a) is personal to the person who holds it; and

(b) is not capable of being transferred or assigned to any other person or of being otherwise dealt with by the person who holds it; and

(c) does not vest by operation of law in any other person.

(2) A purported transfer, assignment or lease of a driver accreditation and any other purported dealing with a driver accreditation by the person who holds it is of no effect.

(3) An accredited driver must not purport to transfer or assign their driver accreditation to any other person or otherwise purport to deal with it.

(4) This section does not apply to the surrender of an accreditation in accordance with this Part.

S. 55VJ inserted by No. 34/2023 s. 6.

55VJ Surrender of driver accreditation

(1) An accredited driver may apply in writing to Safe Transport Victoria for consent to surrender their driver accreditation.

(2) An application under subsection (1) must be accompanied by the certificate of accreditation unless—

(a) the certificate has already been returned to Safe Transport Victoria; or

(b) the certificate has been lost, stolen or destroyed.

(3) If subsection (2)(b) applies, the application must be accompanied by a statement, verified by a statutory declaration signed by or on behalf of the accredited driver, that the certificate has been lost, stolen or destroyed.

(4) Subject to subsection (5), on receiving an application under subsection (1), Safe Transport Victoria must consent to the surrender.

(5) Safe Transport Victoria may impose any condition on the consent to surrender that Safe Transport Victoria considers necessary to protect the interests of a third party.

(6) A person commits an offence if—

(a) Safe Transport Victoria imposes a condition on a consent to surrender a driver accreditation; and

(b) the condition applies to the person; and

(c) the person does not comply with the condition.

(7) A person who commits an offence against subsection (6) is liable to a penalty not exceeding 20 penalty units.

S. 55VK inserted by No. 34/2023 s. 6.

55VK Offence not to produce certificate of accreditation when asked

(a) drives a bus for the purposes of providing a commercial bus service, commercial minibus service or a local bus service; and

(b) is asked by a transport safety officer or a police officer to produce their certificate of accreditation; and

(c) refuses or fails to do so.

(2) An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

Division 6—Disciplinary action

S. 55W inserted by No. 34/2023 s. 6.

55W When Safe Transport Victoria may take disciplinary action

Safe Transport Victoria may take disciplinary action under this Division against an accredited driver if satisfied of any of the following—

(a) that the accredited driver has contravened or is contravening a condition imposed on the driver accreditation;

(b) that the accredited driver has contravened or is contravening this Act or regulations made under this Act;

(c) that the driver accreditation was obtained because of false or misleading information given as part of, or in relation to, the application for the driver accreditation;

(d) that the accredited driver has been found guilty of a category 2 offence or a category 3 offence or is subject to a charge for a disqualifying offence that has not been finally disposed of;

(e) that the accredited driver would no longer satisfy any one or more of the matters that Safe Transport Victoria must consider when deciding whether to approve or refuse to approve the application for the driver accreditation.

S. 55X inserted by No. 34/2023 s. 6.

55X Disciplinary actions that may be taken in relation to driver accreditation

Subject to this Division, Safe Transport Victoria may take one or more of the following actions (disciplinary actions) in relation to an accredited driver—

(a) cancel the driver accreditation;

(b) if the driver accreditation is cancelled, disqualify the accredited driver from applying for an accreditation under this Part for a specified period not exceeding 5 years;

(c) suspend the driver accreditation for a specified period or until a specified event occurs;

(d) if the driver accreditation is already suspended, do any of the following—

(i) cancel the driver accreditation;

(ii) cancel the driver accreditation and disqualify the accredited driver from applying for an accreditation under this Part for a period not exceeding 5 years;

(iii) suspend the driver accreditation for an additional period;

(e) warn the accredited driver that more serious action may be taken in the future if the driver repeats the behaviour;

(f) reprimand the accredited driver;

(g) require the accredited driver to undertake a course of training or to pass a test specified under section 55L;

(h) impose a new condition on, or vary a condition on, the driver accreditation.

S. 55Y inserted by No. 34/2023 s. 6.

55Y Procedure for taking disciplinary action

(1) This section applies if Safe Transport Victoria proposes to take disciplinary action against an accredited driver under this Division.

(2) Safe Transport Victoria must serve on the accredited driver a notice that—

(a) specifies the proposed disciplinary action (including any proposed period of suspension or disqualification); and

(b) specifies the grounds for the proposed disciplinary action; and

(c) invites the accredited driver to make a written submission within a specified period as to why the proposed disciplinary action should not be taken.

(3) For the purposes of subsection (2)(c), the period specified in the disciplinary notice may be—

(a) if an immediate suspension notice is also served under section 55ZC, a period of at least 10 business days after the day on which the disciplinary notice is served on the accredited driver; or

(b) in any other case, a period of at least 20 business days after the day on which the disciplinary notice is served on the accredited driver.

S. 55Z inserted by No. 34/2023 s. 6.

55Z Safe Transport Victoria may extend time for making submissions in relation to disciplinary notices

(1) An accredited driver served a disciplinary notice under section 55Y may request Safe Transport Victoria to extend the time within which the driver must make a submission under a notice under that section.

(2) A request must be in writing and set out the reasons for the request.

(3) On receiving a request, Safe Transport Victoria may extend the time within which the accredited driver may make the submission, by written notice served on the driver.

(4) A notice under subsection (3) must state the new date by which the accredited driver may make the submission.

S. 55ZA inserted by No. 34/2023 s. 6.

55ZA Decision on taking disciplinary action

(1) If Safe Transport Victoria is satisfied that grounds for taking disciplinary action against an accredited driver have been established, Safe Transport Victoria may take—

(a) any disciplinary action specified in the disciplinary notice; or

(b) disciplinary action that is less severe.

(2) In deciding whether to take disciplinary action, Safe Transport Victoria must consider any submission made to Safe Transport Victoria by the accredited driver in accordance with the disciplinary notice served on the driver.

(3) As soon as practicable after making a decision under this section, Safe Transport Victoria must serve written notice of the decision on the accredited driver.

(4) If the decision is to take disciplinary action, the written notice must set out—

(a) the disciplinary action being taken; and

(b) the reasons for the decision; and

(c) the right to seek review of Safe Transport Victoria's decision to take the disciplinary action under Part 6; and

(d) the date on which any cancellation, suspension, disqualification or new or varied condition takes effect.

(5) The date set out in a notice under subsection (4) must not be earlier than 5 business days after the day on which the notice under subsection (3) is served.

S. 55ZB inserted by No. 34/2023 s. 6.

55ZB Mandatory cancellation of driver accreditations in certain cases

(1) Safe Transport Victoria must cancel a driver accreditation if the accredited driver—

(a) is found guilty of a category 1 offence; or

(b) becomes subject to—

S. 55ZB (1)(b)(i) amended by No. 28/2025 s. 40.

(i) reporting obligations imposed under the Sex Offenders Registration Act 2004; or

(ii) a supervision order or interim supervision order within the meaning of the Serious Offenders Act 2018.

(2) Safe Transport Victoria must not cancel a driver accreditation of a person on a ground referred to in subsection (1) if any of the following decisions in respect of the person has been previously set aside (but not remitted) by VCAT on that ground—

(a) a decision to refuse to issue a driver accreditation;

(b) a decision to cancel an accreditation.

S. 55ZC inserted by No. 34/2023 s. 6.

55ZC Immediate suspension of driver accreditation at the discretion of Safe Transport Victoria

(1) This section applies if Safe Transport Victoria—

(a) has decided to serve, or has served, a disciplinary notice on an accredited driver; and

(b) on reasonable grounds, believes that it is in the public interest that the driver accreditation held by the accredited driver be suspended as soon as practicable before a decision is made to take action under section 55ZA in relation to that accredited driver.

(2) In forming the belief referred to in subsection (1)(b), Safe Transport Victoria must consider—

(a) the circumstances leading to the decision to serve the disciplinary notice; and

(b) the grounds specified, or proposed to be specified, in the disciplinary notice.

(3) Safe Transport Victoria may serve on the accredited driver a notice (an immediate suspension notice) suspending the driver accreditation.

(4) An immediate suspension notice served in relation to a driver accreditation ends—

(a) if the driver accreditation is cancelled or suspended under section 55ZA, when the cancellation or suspension takes effect; or

(b) if a condition is imposed on the driver accreditation, or a condition on the driver accreditation is varied, when the condition or varied condition takes effect; or

(c) in any other case, when the accredited driver is notified under section 55ZA(3) of the decision made on the disciplinary notice.

S. 55ZD inserted by No. 34/2023 s. 6.

55ZD Mandatory immediate suspension of driver accreditation

(1) This section applies if an accredited driver is subject to a charge for a category 1 offence that has not been finally disposed of.

(2) Safe Transport Victoria must serve on the accredited driver a notice (an immediate suspension notice) suspending the driver accreditation.

(3) An immediate suspension notice served in relation to a driver accreditation ends—

(a) if the accreditation is cancelled under section 55ZB(1)(a), on the day of that cancellation; or

(b) if the person served the immediate suspension notice is found not guilty of the offence, on the day of that finding; or

(c) if the charge is dismissed by a court or is withdrawn, on the day of that dismissal or withdrawal; or

(d) if the proceeding for the hearing of the charge is discontinued by the prosecution, on the day of that discontinuance; or

(e) if the person served the immediate suspension notice is discharged by a court following a committal proceeding, on the day of that discharge.

S. 55ZE inserted by No. 34/2023 s. 6.

55ZE Mandatory suspension of driver accreditation if driver licence suspended or cancelled

(1) This section applies if an accredited driver has their Australian driver licence suspended or cancelled under the Road Safety Act 1986 or law of another State or a Territory under which the licence is issued.

(2) Safe Transport Victoria must suspend the driver accreditation.

(3) A suspension under this section of a driver accreditation remains in effect until Safe Transport Victoria reinstates the accreditation of the person in accordance with section 55ZF.

S. 55ZF inserted by No. 34/2023 s. 6.

55ZF Reinstatement of driver accreditation following reinstatement of driver licence

Safe Transport Victoria must reinstate a driver accreditation that is suspended in accordance with section 55ZE if—

(a) the person who holds the suspended accreditation gives evidence, to the satisfaction of Safe Transport Victoria, that—

(i) the suspension of the person's Australian driver licence has ceased; or

(ii) the person has been granted an Australian driver licence; and

(b) there are no grounds for Safe Transport Victoria to consider taking disciplinary action under this Division.

S. 55ZG inserted by No. 34/2023 s. 6.

55ZG Person whose driver licence or probationary licence is suspended or cancelled must notify Safe Transport Victoria

An accredited driver whose Australian driver licence is suspended or cancelled under the Road Safety Act 1986 or law of another State or a Territory under which the licence is issued must, within 5 business days after that suspension or cancellation—

(a) notify Safe Transport Victoria of that suspension or cancellation; and

(b) return to Safe Transport Victoria their certificate of accreditation.

Penalty: 5 penalty units.

S. 55ZH inserted by No. 34/2023 s. 6.

55ZH Effect of suspension of driver accreditation

(1) This section applies if a person's driver accreditation is suspended under this Division.

(2) During the period of the suspension of the driver accreditation—

(a) the driver accreditation is taken not to be in effect; and

(b) the person is taken not to be an accredited driver; and

(c) the person is disqualified from applying for driver accreditation.

S. 55ZI inserted by No. 34/2023 s. 6.

55ZI Reinstatement of driver accreditation

If Safe Transport Victoria has suspended the driver accreditation of a person under section 55ZA pending hearing of a charge for a disqualifying offence, and the person is not found guilty of the offence, Safe Transport Victoria must reinstate the accreditation.

Part 5—Alcohol and drug management policy

56 Alcohol and drug management policy

S. 56(1) repealed by No. 30/2021 s. 6(1).

S. 56(2) amended by No. 30/2021 s. 6(2).

(2) An accredited bus operator must develop, maintain and implement an alcohol and drug management policy that—

(a) is developed in consultation with bus safety workers who are employees, or contractors, of the operator for the purposes of operating the bus service; and

(b) provides for the matters specified in section 57.

1. In the case of a natural person, 240 penalty units;

57 Form and content of alcohol and drug management policy

(1) An alcohol and drug management policy must—

(a) be in writing; and

(b) specify that a driver of a bus must not have alcohol or drugs present in his or her blood or breath immediately before, or while, driving a bus; and

S. 57(1)(c) amended by No. 34/2023 s. 127(Sch. 1 item 1.47).

(c) comply with any guidelines regarding the form and content of alcohol and drug management policies issued by Safe Transport Victoria.

S. 57(2) amended by No. 30/2021 s. 7.

(2) If an alcohol and drug management policy provides for testing of the presence of alcohol or drugs in the blood or breath of a bus safety worker employed or contracted by the accredited bus operator, the policy must—

(a) specify circumstances in which a bus safety worker may be tested for the presence of alcohol or drugs in his or her blood or breath;

(b) specify the testing procedures for detecting alcohol or drugs in a person's blood or breath;

(c) specify the persons who may conduct the tests;

(d) specify how and where the tests are to be stored, handled or destroyed;

(e) specify that a test for the presence of alcohol or drugs may not be conducted more frequently than—

(i) an hour before the bus safety worker is to carry out bus safety work or while the bus safety worker is carrying out bus safety work; or

(ii) if there is reasonable cause to test the bus safety worker at another time including—

(A) that the bus safety worker has been involved in an accident or incident;

(B) that there is reason to believe the bus safety worker is impaired by alcohol or drugs;

(C) that in the interests of safety, the bus safety worker ought to be tested;

(f) recognise the purpose of testing for presence of alcohol or drugs;

(g) specify measures to ensure that the results of any tests conducted pursuant to the policy are treated confidentially.

Part 6—Review of decisions

Pt 6 Div. 1 (Heading) inserted by No. 34/2023 s. 7.

Division 1—Review by VCAT of decisions relating to accredited bus operators

58 Review by VCAT

S. 58(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.48(a)).

(1) A person may apply to VCAT for review of a decision by Safe Transport Victoria to—

S. 58(1)(a) substituted by No. 30/2021 s. 8(1)(a), amended by No. 34/2023 s. 127(Sch. 1 item 1.48(b)).

(a) refuse accreditation to an operator to operate a bus service, including refusal made by Safe Transport Victoria under section 25;

(b) impose a condition on the accreditation of an accredited bus operator;

(c) not vary the accreditation following a request for variation by the accredited bus operator;

(d) vary the accreditation of an accredited bus operator;

(e) suspend or cancel the accreditation of an accredited bus operator;

S. 58(1)(f) amended by No. 49/2011 s. 26(a).

(f) disqualify the operator from applying for accreditation;

S. 58(1)(g) inserted by No. 49/2011 s. 26(b), amended by No. 23/2013 s. 128(a), substituted by No. 30/2021 s. 8(1)(b).

(g) refuse to give, or revoke, permission under section 36 to use drivers who hold probationary driver licences to drive buses for an accredited bus service;

S. 58(1)(h) inserted by No. 23/2013 s. 128(b).

(h) refuse to grant an exemption;

S. 58(1)(i) inserted by No. 23/2013 s. 128(b).

(i) grant an exemption subject to conditions or restrictions;

S. 58(1)(j) inserted by No. 23/2013 s. 128(b).

(j) extend the relevant period of an application for—

(i) an exemption;

(ii) a variation of an exemption;

(iii) a variation of conditions of or restrictions on an exemption;

S. 58(1)(k) inserted by No. 23/2013 s. 128(b).

(k) refuse to vary conditions of or restrictions on an exemption;

S. 58(1)(l) inserted by No. 23/2013 s. 128(b).

(l) vary the conditions of or restrictions on an exemption;

S. 58(1)(m) inserted by No. 23/2013 s. 128(b).

(m) revoke or suspend an exemption.

(2) An application for review must be made within 28 days after the later of—

(a) the day on which the person is notified of the decision; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

S. 58(3) repealed by No. 30/2021 s. 8(2).

Pt 6 Div. 2 (Heading and s. 58A) inserted by No. 34/2023 s. 8.

Division 2—Review of decisions relating to accredited drivers

S. 58A inserted by No. 34/2023 s. 8.

58A Reviewable decisions under Part 4A

(1) The following Table sets out—

(a) the decisions under Part 4A or the regulations that are reviewable in accordance with this Division and Division 3 (reviewable decisions); and

(b) who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision).

Table

(2) A reviewable decision does not include a decision referred to in the Table in subsection (1) that was—

(a) affirmed, varied or substituted for another decision under section 58D; or

(b) made by Safe Transport Victoria and not by a delegate of Safe Transport Victoria.

Pt 6 Div. 3 (Heading and ss 58B–58D) inserted by No. 34/2023 s. 8.

Division 3—Internal review of Part 4A decisions

S. 58B inserted by No. 34/2023 s. 8.

58B Application for internal review

(1) An eligible person may apply to Safe Transport Victoria for review of a reviewable decision.

Division 4 provides for the review by VCAT of a reviewable decision.

(2) An application under subsection (1) must be made within—

(a) 20 business days after the day on which the decision first came to the eligible person's notice; or

(b) such longer period as Safe Transport Victoria allows.

(3) An application under subsection (1) must be made in the manner and form determined by Safe Transport Victoria.

S. 58C inserted by No. 34/2023 s. 8.

58C Safe Transport Victoria may stay operation of decision subject to application for internal review

(1) An application under section 58B(1) does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless Safe Transport Victoria stays the operation of the decision pending the determination of the internal review—

(a) on Safe Transport Victoria's own initiative; or

(b) on the application of the applicant for review.

(2) Safe Transport Victoria must make a decision on an application for a stay within 2 business days after the making of that application.

(3) If Safe Transport Victoria has not made a decision in accordance with subsection (2), Safe Transport Victoria is taken to have made a decision to grant a stay.

(4) Safe Transport Victoria may attach any conditions to a stay of the operation of a reviewable decision that Safe Transport Victoria considers appropriate.

S. 58D inserted by No. 34/2023 s. 8.

58D Determination of application for internal review

(1) On receiving an application made in accordance with section 58B, Safe Transport Victoria must make a fresh decision—

(a) that affirms or varies the reviewable decision; or

(b) that sets aside the reviewable decision and substitutes another decision that Safe Transport Victoria considers appropriate.

(2) Safe Transport Victoria must give a written notice (a decision notice) to the applicant setting out—

(a) the decision of Safe Transport Victoria under subsection (1) and the reasons for the decision; and

(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.

(3) Safe Transport Victoria must give a decision notice to the applicant within 20 business days after the application is made.

(4) If Safe Transport Victoria does not comply with subsection (3), Safe Transport Victoria is taken to have made a decision to affirm the reviewable decision.

Pt 6 Div. 4 (Heading and s. 58E) inserted by No. 34/2023 s. 8.

Division 4—VCAT review of Part 4A decisions

S. 58E inserted by No. 34/2023 s. 8.

58E Review of Safe Transport Victoria decisions by VCAT

(1) An eligible person may apply to VCAT for review of a decision referred to in the Table in section 58A(1) made by Safe Transport Victoria under section 58D, or otherwise.

(2) To avoid doubt, subsection (1) does not apply to a refusal by Safe Transport Victoria to issue a driver accreditation or to a cancellation of a driver accreditation in the circumstances to which section 58F applies.

(3) VCAT must not make a decision under this section that would give rise to the issue of a driver accreditation unless VCAT is satisfied of the matters set out in section 55O(1)(b).

(4) In making a decision under this section on a matter involving a disqualifying offence, VCAT may have regard to any matter to which a consideration in section 55O(6) would apply.

(5) An application under subsection (1) must be made within 28 days after the later of—

(a) the day on which the decision of Safe Transport Victoria was made; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

Pt 6 Div. 5 (Heading and s. 58F) inserted by No. 34/2023 s. 8.

Division 5—VCAT orders in relation to category 1 offenders

S. 58F inserted by No. 34/2023 s. 8.

58F VCAT orders in relation to category 1 offenders

(1) This section applies to the following persons—

(a) a person whose application for the issue of a driver accreditation is refused on a ground set out in section 55O(2)(b) or (c);

(b) a person who is disqualified from applying for a driver accreditation under section 55V;

(c) a person whose driver accreditation is cancelled under section 55ZB.

(2) The person may apply to VCAT for an order that Safe Transport Victoria issue or reinstate the driver accreditation or cancel the disqualification (as the case requires).

(3) On an application under subsection (2), VCAT may by order direct Safe Transport Victoria to—

(a) issue a driver accreditation to the applicant; or

(b) reinstate the driver accreditation of the applicant; or

(c) make a determination cancelling the disqualification of the applicant.

(4) VCAT must not make an order under subsection (3) to issue or reinstate a driver accreditation unless—

(a) VCAT is satisfied of the matters set out in section 55O(1)(b); and

(b) the applicant has demonstrated that the issue or reinstatement is appropriate having regard to the public care objective; and

(c) VCAT is satisfied that—

(i) the making of the order would not pose an unjustifiable risk to the safety of users of commercial bus services, commercial minibus services or local bus services; and

(ii) in all the circumstances, it is in the public interest to make the order.

(5) For the purposes of subsection (4)(c)(i), VCAT must have regard to the matters set out in section 55O(6).

(6) If VCAT refuses to make an order applied for under subsection (2), VCAT may by order disqualify the person from applying for a driver accreditation for a period not exceeding 5 years.

(7) A period of disqualification under an order under subsection (6) may be in substitution of a period of disqualification imposed by Safe Transport Victoria.

Part 7—Codes of practice

59 Codes of practice

(1) For the purposes of providing practical guidance to accredited bus operators and any other person who may be placed under an obligation by or under this Act, the Minister may, subject to section 63, approve one or more codes of practice.

(2) A code of practice—

(a) may consist of any code, standard, rule, specification or provision relating to any aspect of the bus service; and

(b) may apply, incorporate or refer to any document formulated or published by any body or authority as in force at the time the code of practice is approved, or as amended, formulated or published from time to time.

(3) The approval of a code of practice takes effect on the day on which notice of the approval is published in the Government Gazette, or any later day specified in the notice.

A code of practice approved under this section is disallowable by either House of Parliament: see section 71.

60 Revisions to approved codes of practice

(1) Subject to section 63, the Minister may—

(a) approve any revision of the whole, or any part, of an approved code of practice;

(b) revoke the approval of a code of practice.

(2) The approval of a revision to an approved code of practice takes effect on the day on which notice the approval of the revision is published in the Government Gazette, or on any later day specified in the notice.

61 Revocation of approvals of codes of practice

The approval of an approved code of practice ceases to be of effect at the end of the day on which notice of the revocation of the approval is published in the Government Gazette, or on any later day specified in the notice.

S. 62 amended by No. 34/2023 s. 127(Sch. 1 item 1.49).

62 Availability of approved codes of practice

The Minister must cause—

(a) a current copy of every approved code of practice; and

(b) a copy of every document applied, incorporated or referred to in an approved code of practice (in the form in which that document has effect in the approved code of practice)—

to be made available for inspection by members of the public without charge at the office of Safe Transport Victoria during normal office hours.

63 Minister must consult before approving code of practice or revision to code of practice

Before the Minister approves a code of practice or any revision of the whole, or any part, of an approved code of practice under section 59 or 60, the Minister must consult with persons or bodies that may be affected by the code of practice, or revision of an approved code of practice, to be approved.

64 Effect of approved code of practice

A person is not liable to any civil or criminal proceedings by reason only that he, she or it has failed to observe any provision of an approved code of practice.

A person who complies with a compliance code may however, be taken to have complied with this Act (see section 70).

Part 8—General

Pt 8 Div. 1AA (Heading and ss 64A–64E) inserted by No. 30/2021 s. 12.

Division 1AA—Monitoring, compliance and enforcement policy

S. 64A (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 1.50).

S. 64A inserted by No. 30/2021 s. 12.

64A Safe Transport Victoria to develop monitoring, compliance and enforcement policy

S. 64A(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.51(a)).

(1) Safe Transport Victoria must, in accordance with section 64B, develop a policy to promote compliance with, and enforcement of, this Act and the regulations.

(2) The policy must set out—

(a) proportionate, cost effective and efficient options for monitoring and promoting compliance with, and enforcement of, this Act and the regulations; and

(b) how enforcement agencies will use those options to monitor and promote compliance with, and enforcement of, this Act and the regulations.

S. 64A(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.51).

(3) Safe Transport Victoria must publish the policy on Safe Transport Victoria's internet site no later than 12 months after the commencement of this section.

S. 64A(4) amended by No. 34/2023 s. 127(Sch. 1 item 1.51(a)).

(4) Safe Transport Victoria must review the policy every 3 years in accordance with section 64B.

S. 64B (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 1.52).

S. 64B inserted by No. 30/2021 s. 12.