55DRevocation or suspension of an exemption

55D Revocation or suspension of an exemption

(1) This section applies to an operator of a bus service who has been granted an exemption under this Division if—

S. 55D(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(a) Safe Transport Victoria considers that the operator—

S. 55D(1)(a)(i) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(i) is no longer able to demonstrate to the satisfaction of Safe Transport Victoria the matters referred to in section 52 or to satisfy the conditions, or to comply with the restrictions, of the exemption; or

(ii) is not operating the bus service to which the exemption relates, or has not done so for at least the preceding 12 months; or

(b) the operator contravenes this Act or the regulations.

S. 55D(2) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(b)).

(2) Safe Transport Victoria may—

S. 55D(2)(a) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(a) suspend the exemption for a period determined by Safe Transport Victoria; or

(b) revoke the exemption with immediate effect or with effect from a specified future date.

S. 55D(3) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(3) Before making a decision under subsection (2), Safe Transport Victoria—

(a) must notify the operator in writing—

S. 55D(3)(a)(i) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(i) that Safe Transport Victoria is considering making a decision under subsection (2) of the kind, and for the reasons, specified in the notice; and

S. 55D(3)(a)(ii) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(ii) that the operator may, within 28 days or such longer period as is specified in the notice, make written representations to Safe Transport Victoria showing cause why the decision should not be made; and

(b) must consider any representations made under paragraph (a)(ii) and not withdrawn.

S. 55D(4) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(a)).

(4) If Safe Transport Victoria suspends or revokes the exemption, Safe Transport Victoria must, by written notice given to the operator, provide—

(a) a statement of reasons for the suspension or revocation; and

(b) information about the right of review under Part 6.

S. 55D(5) amended by No. 34/2023 s. 127(Sch. 1 item 1.42(b)).

(5) Safe Transport Victoria may withdraw a suspension of the exemption by written notice given to the operator.

S. 55E inserted by No. 30/2021 s. 5.