38Accredited bus operator to notify of relevant changes in circumstances

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).