37Accredited bus operator may apply for variation

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.