47Procedure and powers concerning disciplinary inquiries

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.