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

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.