55Determination of application for variation

55 Determination of application for variation

S. 55(1) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(a)).

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

S. 55(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(a)).

(a) if Safe Transport Victoria is satisfied as to the matters referred to in section 52 (so far as they are applicable to the proposed variation)—notify the applicant that the exemption has been varied, with or without conditions or restrictions; or

S. 55(1)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(a)).

(b) if Safe Transport Victoria is not so satisfied—notify the applicant that the application has been refused.

(2) Notification under this section—

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

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

(i) the details of the applicant; and

(ii) the variation to the exemption so far as it applies to the scope and nature of the bus service, or the manner in which it is to be carried out; and

S. 55(2)(b)(iii) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(a)).

(iii) any conditions and restrictions imposed by Safe Transport Victoria on the exemption as varied; and

(iv) any other prescribed information; and

(c) if a condition or restriction has been imposed on the exemption as varied, 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.

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

S. 55(3)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(b)).

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

S. 55(3)(b) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(b)).

(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

S. 55(3)(c) amended by No. 34/2023 s. 127(Sch. 1 item 1.38(b)).

(c) if Safe Transport Victoria, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period.