53Determination of application for exemption

53 Determination of application for exemption

S. 53(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(1) Subject to this section, Safe Transport Victoria must, within the relevant period—

S. 53(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(a) if Safe Transport Victoria is satisfied as to the matters referred to in section 52—notify the applicant that an exemption from a designated provision has been granted, with or without conditions or restrictions; or

S. 53(1)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(b) if Safe Transport Victoria is not satisfied as to the matters referred to in section 52—notify the applicant that the application has been refused.

(2) An exemption under this Division is subject to—

(a) any conditions or restrictions prescribed by the regulations for the purposes of this section that are applicable to the exemption; and

S. 53(2)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(b) any other condition or restriction imposed on the exemption by Safe Transport Victoria.

(3) Notification under this section—

(a) must be in writing and given to the applicant; and

(b) if the exemption has been granted, must specify—

(i) the details of the applicant; and

(ii) the scope and nature of the bus service, and the manner in which it is to be carried out, in respect of which the exemption is granted; and

S. 53(3)(b)(iii) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(iii) any condition or restriction imposed by Safe Transport Victoria under this section on the exemption; and

(iv) any other prescribed information; and

(c) if a condition or restriction has been imposed on the exemption, must include—

(i) the reasons for imposing the condition or restriction; and

(d) if the application has been refused, must include—

(i) the reasons for the decision to refuse to grant the application; and

(e) if the relevant period in relation to an application has been extended, must include information about the right of review under Part 6.

(4) In this section, relevant period, in relation to an application, means the later of—

S. 53(4)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(a) 6 months after the application was received by Safe Transport Victoria; or

S. 53(4)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.36).

(b) if Safe Transport Victoria requested further information, 6 months, or such other period, as is agreed between Safe Transport Victoria and the applicant, after Safe Transport Victoria receives the last information so requested; or