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

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.