(a) owners of motor vehicles to whom section 23 applies;
(b) booking service providers;
(c) persons to whom section 25 applies;
(d) persons to whom section 26 applies;
(e) drivers of motor vehicles to whom section 27 applies.
Prohibiting specific conduct by persons referred to in item 1 for commercial passenger vehicle safety purposes.
Requiring or regulating records of safety incidents to be kept by specified persons and for the inspection of those records by the regulator or an authorised officer.
The way in which duties or obligations imposed by this Act or the regulations are to be performed.
Requiring or regulating the taking of any action to avoid a hazard or incident in relation to commercial passenger vehicle services.
Requiring, regulating or prohibiting the taking of any action in the event of an incident in relation to commercial passenger vehicle services.
Requiring or regulating the examination, testing, maintenance or repair of commercial passenger vehicles or equipment or fittings to be used in or on commercial passenger vehicles.
Registration of vehicles as commercial passenger vehicles
Conditions to which registration is subject.
Variation or revocation of conditions on registration or imposition of new conditions on registration.
The date on which registration commences.
Requiring the regulator to be notified of changes in the ownership or description of commercial passenger vehicles, or in any other information given with an application for registration, within 14 business days after the change occurs.
The kinds of things to be displayed on commercial passenger vehicles to indicate that they are being used or available to be used to provide commercial passenger vehicle services, the requirements to be complied with in relation to displaying them and their removal.
The kinds of things to be installed and operating in or on a motor vehicle to indicate that the vehicle is being used to provide a commercial passenger vehicle service and the thing's operation.
Booking service providers
Registration of booking service providers including the conditions to which registration is subject including conditions relating to—
(a) the keeping of records, including records as to—
(i) fares paid for commercial passenger vehicle services;
(ii) gross revenue earned;
(iii) complaints received and how dealt with;
(iv) all journeys undertaken in the provision of commercial passenger vehicle services provided through a booking service provided by the booking service provider;
(b) the submission of information (including copies of records) to the regulator;
(c) the inspection or auditing of records;
(d) the safety of commercial passenger vehicle drivers, passengers and members of the public;
(e) customer service;
(f) complaint handling processes;
(g) education and training;
(h) a requirement to implement disciplinary procedures that are to apply when a driver or owner of a commercial passenger vehicle to whom the provider provides a booking service fails to comply with the agreement under which those services are provided;
(i) preparing and complying with a safety management system.
Exemptions to persons or persons of a specified class from the requirement to be registered under Part 4 to provide a booking service.
The prescription of persons for the purposes of section 7(4) or (5).
Driver accreditation
Applications for driver accreditations.
The qualifications to be required of, and the tests to be passed by, applicants for driver accreditations.
The conditions to which driver accreditations, or any class of driver accreditations, are subject.
The conduct and duties (other than duties under Division 3 of Part 2) of accredited drivers.
Conditions relating to the operation and use of commercial passenger vehicles when driven by accredited drivers.
Consumer protections in respect of fares
Making available information about fares for the provision of commercial passenger vehicle services by the following to persons hiring or booking commercial passenger vehicles—
(a) the owners or drivers of commercial passenger vehicles;
(b) booking service providers.
Requiring booking service providers or owners or drivers of commercial passenger vehicles to give estimates of fares for the provision of commercial passenger vehicle services to persons hiring or booking commercial passenger vehicles before the journeys start.
Requiring fares for the provision of commercial passenger vehicle services to be—
(a) prominently displayed inside or outside a commercial passenger vehicle;
(b) provided or made accessible to persons hiring commercial passenger vehicles for the provision of commercial passenger vehicle services.
Non-cash payment surcharges
The keeping by persons who provide services for processing non-cash payment surcharges of records of, or relating to, the following—
(a) non-cash payment surcharges charged or collected by persons using the services;
(b) the operation and programming of equipment that enables non-cash payment transactions to be made;
(c) the retention and storage of information, data and electronic communications relating to non‑cash payment surcharges;
(d) the structure of, setting of and receipt of non‑cash payment surcharges;
Safety, design and construction of commercial passenger vehicles.
Standards and requirements, including performance standards, for commercial passenger vehicles.
Equipment (including security cameras) or fittings to be installed in, fitted on or to, or carried on commercial passenger vehicles, and their maintenance and use.
Standards and requirements for equipment and fittings installed in, fitted on or to, or carried on commercial passenger vehicles and for maintenance and use referred to in item 28.
The examination or testing of equipment or fittings referred to in item 28.
Prohibiting the installation, use or operation of equipment, devices and fittings (internal or external) in or on commercial passenger vehicles.
Requirements for emergency warning devices and systems, including system requirements, emergency response capabilities, protocols and performance standards.
The identification of commercial passenger vehicles.
The appearance of commercial passenger vehicles or class or classes of vehicles (including the signs, symbols, lights, notices and labels to be used or not to be used, in or on the vehicles).
The downloading, printing, possession, publication, transmission or disclosure of images or other data obtained from security cameras installed in commercial passenger vehicles.
Information derived from or contained in equipment required or permitted by or under this Act or the regulations to be used in or on a commercial passenger vehicle, including—
(a) the keeping of information; and
(b) the provision of the information to the regulator.
Records to be kept in relation to commercial passenger vehicles and the inspection of those records.
Standards to be complied with in relation to the entry into, and accommodation in, commercial passenger vehicles by persons with a disability, including wheelchair users and persons with mobility or sensory difficulties.
The prohibition or regulation of the carriage of passengers' luggage, goods, articles and animals in or on commercial passenger vehicles.
The prohibition of activities in commercial passenger vehicles.
The condition of commercial passenger vehicles.
Goods abandoned in commercial passenger vehicles and their destruction or disposal.
Information that is required to be displayed in commercial passenger vehicles.
Alteration, maintenance and repair of commercial passenger vehicles.
Insurance requirements in relation to commercial passenger vehicles or their use, servicing and maintenance.
Infringement offences
Prescribing infringement offences for which an infringement notice may be served.
In addition to the requirements of section 13 of the Infringements Act 2006, any particulars, not inconsistent with that Act, to be contained in an infringement notice.
The penalty for any infringement notice.
Commercial passenger vehicle service levy
The specification of an amount less than $2 as the amount of the levy.
The specification of a period not exceeding 12 months as the return period.
Forms
Forms.
Sch. 3 inserted by No. 63/2017 s. 20.
Schedule 3—Transitional provisions
Part 1—Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017
1 Definitions
In this Part—
amending Act means the Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017;
commencement day means the day on which section 18 of the amending Act comes into operation;
corresponding new accreditation means, in relation to an old driver accreditation, the accreditation under Part 5 that the old driver accreditation is taken to become under this Part;
corresponding new registration means—
(a) in relation to an old BSP accreditation, the registration under Part 4 that, under this Part, the accreditation is taken to become;
(b) in relation to an old CPV licence, the registration under Part 3 that, under this Part, is taken to exist for the motor vehicle that is the subject of that licence;
new driver accreditation means an accreditation under Part 5;
old Act means the Transport (Compliance and Miscellaneous) Act 1983;
old BSP accreditation means an accreditation, under Division 4 of Part VI of the old Act accrediting a person to be a provider of a booking service;
old CPV licence means a commercial passenger vehicle licence granted under Division 5 of Part VI of the old Act;
old driver accreditation means an accreditation, under Division 6 of Part VI of the old Act, accrediting a person to drive a commercial passenger vehicle;
TSC means the Taxi Services Commission within the meaning of the Transport Integration Act 2010 as in force immediately before the commencement day.
2 Interpretation of Legislation Act 1984 not affected
This Part does not affect or take away from the Interpretation of Legislation Act 1984.
3 References to provisions of old Act
If a provision of this Part refers to a provision of the old Act, that reference is taken to be a reference to the provision of the old Act as in force immediately before the commencement day.
4 References to TSC or licensing authority
If a provision of this Part applies a provision of the old Act on or after the commencement day, the provision of the old Act applies as if a reference in that provision to the TSC, or to the licensing authority, were a reference to the regulator.
Division 2—Old CPV licences
5 Application not determined before commencement day
(1) This clause applies to an application under section 140 of the old Act if that application had not been determined before the commencement day.
(2) On the commencement day, the application is taken to be an application for registration under Part 3—
(a) of the motor vehicle referred to in the application under section 140 of the old Act; and
(b) in the name of the person who made that application.
(3) Despite section 40(2)(b), the application for registration under Part 3 must be accompanied by the fee that was required to accompany the application under section 140 of the old Act at the time that application was made.
6 Old CPV licence becomes registration under Part 3
On the commencement day, a motor vehicle that is the subject of an old CPV licence that was in force or suspended immediately before the commencement day is taken to be registered under Part 3 in the name of the person who held the licence.
7 Old CPV licence that is suspended
(1) This clause applies to an old CPV licence that is suspended immediately before the commencement day.
(2) The old Act, as in force immediately before the commencement day, continues to apply in relation to that suspension.
(3) The corresponding new registration is taken to be suspended for the duration of that suspension.
8 TSC considering whether to cancel, suspend or revoke old CPV licence
(1) This clause applies to an old CPV licence that was in force or suspended immediately before the commencement day if, immediately before that day—
(a) the TSC had—
(i) under section 153 of the old Act, notified the owner of the vehicle to which the licence related that the TSC proposed to cancel the licence; or
(ii) under section 157(3) of the old Act, begun to give a person a reasonable opportunity to show cause why the licence should not be suspended or revoked; but
(2) Despite the amendments made by the amending Act to Part VI of the old Act, the regulator must decide whether to take that action in accordance with that Part.
(3) If the regulator decides to cancel or revoke the old CPV licence—
(a) the corresponding new registration is cancelled or revoked on that decision; and
(b) the old Act, as in force immediately before the commencement day, applies in relation to that cancellation or revocation.
(4) If the regulator decides to suspend the old CPV licence—
(b) the corresponding new registration is, on that suspension, taken to be suspended for the duration of that suspension.
9 Application for transfer of old CPV licence taken to have been refused
(1) This clause applies to an application, under section 149 of the old Act, for the transfer of an old CPV licence if that application had not been determined before the commencement day.
(2) The application is taken to have been refused immediately before the commencement day.
10 Conditions
(1) This clause applies, if under this Part, an old CPV licence is taken to be a registration under Part 3.
(2) The conditions (if any) imposed on the old CPV licence are not taken to be imposed on the corresponding new registration.
Division 3—Old BSP accreditations
11 Application for old BSP accreditation not determined before commencement day
(1) This clause applies to an application under section 132 of the old Act for an old BSP accreditation if that application had not been determined before the commencement day.
(2) On the commencement day, the application is taken to be an application for the applicant to be registered under Part 4 as a provider of a booking service.
(3) Despite section 57(2)(b), the application for the applicant to be registered under Part 4
as a provider of a booking service must be accompanied by the fee that was required to accompany the application under section 132 of the old Act at the time that application was made.
12 Old BSP accreditation becomes registration under Part 4
On the commencement day, an old BSP accreditation that was in force or suspended immediately before the commencement day is taken to be a booking service provider registration.
13 Old BSP accreditation that is suspended
(1) This clause applies to an old BSP accreditation that is suspended immediately before the commencement day.
(2) The old Act, as in force immediately before the commencement day, continues to apply in relation to that suspension.
(3) The corresponding new registration is taken to be suspended for the duration of that suspension.
14 TSC considering whether to take disciplinary action
(1) This clause applies to an old BSP accreditation that was in force or suspended immediately before the commencement day if, immediately before that day—
(a) the TSC had, under section 135B of the old Act, served a notice stating that the TSC proposed to take disciplinary action in relation to that accreditation; but
(2) The old Act, as in force immediately before the commencement day, continues to apply in relation to the notice served under section 135B of that Act.
(3) If the regulator decides to suspend the old BSP accreditation—
(b) the corresponding new registration is taken to be suspended for the duration of that suspension.
(4) If the regulator decides to cancel the old BSP accreditation—
(a) the old Act, as in force immediately before the commencement day, applies in relation to that cancellation; and
(b) on that cancellation, the corresponding new registration is taken to be cancelled.
15 Conditions and responsible persons
(1) This clause applies if, under this Part, an old BSP accreditation is taken to be a booking service provider registration.
(2) On the commencement day—
(a) the conditions, restrictions and limitations (if any) imposed on the old BSP accreditation are taken to be conditions imposed on the corresponding new registration; and
(b) the responsible person (within the meaning of section 130A(1) of the old Act) for the old BSP accreditation is taken to be the responsible person for the booking service provider registration.
16 Disqualification from applying for old BSP accreditation
(1) This clause applies if, immediately before the commencement day, a person was disqualified under the old Act from applying for an old BSP accreditation for a specified period.
(2) On the commencement day—
(a) the old Act, as in force immediately before the commencement day, continues to apply in relation to that disqualification; and
(b) the person is taken to be disqualified from applying for a booking service provider registration for the duration of the disqualification under the old Act.
Division 4—Old driver accreditations
17 Application for old driver accreditation not determined before commencement day
(1) This clause applies to an application under section 166(2) of the old Act for an old driver accreditation if that application had not been determined before the commencement day.
(2) On the commencement day, the application is taken to be an application for a new driver accreditation.
(3) Despite section 71(2)(c), the application for a new driver accreditation must be accompanied by the fee that was required to accompany the application under section 166(2) of the old Act at the time that application was made.
18 Information and things required to accompany application for accreditation
On the commencement day, the information and things required, under section 166(3)(b) of the old Act, to accompany an application for an old driver accreditation are taken to be required, under section 71(2)(b), to accompany an application for a new driver accreditation.
19 Tests, qualifications and other requirements
On the commencement day, the requirements under section 167(1) of the old Act are taken to be the requirements and specifications under section 72(1).
20 Application for renewal of old driver accreditation not determined before commencement day
(1) This clause applies to an application under section 168(2) of the old Act for the renewal of an old driver accreditation if that application had not been determined before the commencement day.
(2) On the commencement day, the old driver accreditation is taken to be a new driver accreditation.
21 Old driver accreditation becomes new driver accreditation
On the commencement day, an old driver accreditation that was in force or suspended immediately before the commencement day is taken to be a new driver accreditation.
22 TSC considering whether to take disciplinary action
(1) This clause applies to an old driver accreditation that was in force or suspended immediately before the commencement day if, immediately before that day—
(a) the TSC had, under section 169G of the old Act, served a notice stating that the TSC proposed to take disciplinary action in relation to that accreditation; but
(2) The old Act, as in force immediately before the commencement day, continues to apply in relation to the notice served under section 169G of that Act.
(3) If the regulator decides to suspend the old driver accreditation—
(b) the corresponding new accreditation is taken to be suspended for the duration of that suspension.
(4) If the regulator decides to impose a further condition on the old driver accreditation, on that condition being imposed the corresponding new accreditation is taken to be subject to that condition.
(5) If the regulator decides to cancel the old driver accreditation—
(a) the old Act, as in force immediately before the commencement day, applies in relation to that cancellation; and
(b) on that cancellation, the corresponding new accreditation is taken to be cancelled.
23 Old driver accreditation suspended under section 169EA of old Act
(1) This clause applies to an old driver accreditation that, immediately before the commencement day, was suspended under section 169EA of the old Act.
(2) The regulator must grant the person a new driver accreditation in place of the old driver accreditation if the regulator is satisfied that—
(a) on the basis of evidence given by the holder of the old driver accreditation—
(i) the suspension of the holder's driver licence or probationary licence under the Road Safety Act 1986 has ceased; or
(ii) the person has been granted a driver licence or probationary licence under that Act; and
(b) there are no grounds on which the TSC would have considered taking action under section 169I(1) of the old Act in relation to the old driver accreditation.
24 Old driver accreditation that is suspended under section 169I or 169K of old Act
(1) This clause applies to an old driver accreditation that, immediately before the commencement day, was suspended under section 169I(1)(d) or 169K(1) or (2) of the old Act.
(2) The old Act, as in force immediately before the commencement day, applies in relation to that suspension.
(3) The corresponding new accreditation is taken to be suspended for the duration of that suspension.
25 Conditions of accreditation
(1) This clause applies if, under this Part, an old driver accreditation is taken to be a new driver accreditation.
(2) On the commencement day, the conditions imposed on the old driver accreditation are taken to be imposed on the new driver accreditation.
26 Disqualification from applying for old driver accreditation
(1) This clause applies if, immediately before the commencement day, a person was disqualified under the old Act from applying for an old driver accreditation for a specified period that had not yet concluded.
(2) On the commencement day, the person is taken to be disqualified, under section 215(1)(b), from applying for a new driver accreditation for the remainder of the specified period.
Division 5—Driver agreements
27 VCAT proceeding
(1) This clause applies to a proceeding under section 162Q of the old Act that has commenced, but has not been finally disposed of, before the commencement day.
(2) On and after the commencement day, Part VI of the old Act continues to apply in relation to that proceeding.
Division 6—Authorised officers
28 Definition
taxi compliance officer means a person who, immediately before the commencement day, was a taxi compliance officer within the meaning of Division 4ABA of Part VII of the old Act.
29 Taxi compliance officer taken to be authorised officer
On the commencement day, a taxi compliance officer is taken to be an authorised officer.
30 Identity cards
(1) This clause applies to an identity card that—
(a) was issued under section 228RD of the old Act; and
(b) immediately before the commencement day, was held by a taxi compliance officer.
(2) On the commencement day, the identity card is taken to be an identity card issued under section 126.
Division 7—Investigation powers
31 Requirement to provide information or document
(1) This clause applies to a notice that—
(a) was given under section 191YA of the old Act; and
(b) immediately before the commencement day, had not yet been complied with.
(2) On and after the commencement day, Part VI of the old Act continues to apply in relation to the notice.
32 Search warrants
(1) This clause applies to a search warrant that—
(a) was issued under section 228RN of the old Act; and
(b) immediately before the commencement day, had not yet ceased to have effect.
(2) On the commencement day, the search warrant is taken to be a search warrant issued under section 141.
33 Seized things
(1) This clause applies to a thing that was seized under—
(a) section 216(3) or 228RR(2)(a) of the old Act; or
(b) a search warrant issued under section 228RN of the old Act.
(2) On and after the commencement day, Part VII of the old Act continues to apply in relation to the thing and the seizure of the thing.
34 Direction to provide information, document or related item
(1) This clause applies to a direction that—
(a) was given under section 228RY of the old Act; and
(b) immediately before the commencement day, had not yet been complied with.
(2) On and after the commencement day, Part VII of the old Act continues to apply in relation to the direction.
Division 8—Enforcement instruments and injunctions
35 Definitions
old enforcement instrument means any of the following—
(a) an improvement notice that—
(i) was served under section 135F of the old Act; and
(ii) was in force immediately before the commencement day;
(b) a commercial benefits penalty order that was made under section 230B of the old Act;
(c) a supervisory intervention order that was made under section 230C of the old Act;
(d) an exclusion order that was made under section 230DA of the old Act and that prohibits a person from doing a thing referred to in section 230DA(2)(d) or (e) of that Act;
(e) an adverse publicity order that was made under section 230FA of the old Act;
old injunction means an injunction granted under any of the following sections of the old Act—
(a) section 131C(1) or (6);
(b) section 144K(1) or (6).
36 Old Act continues to apply to old enforcement instrument
On and after the commencement day, Parts VI and VII of the old Act continue to apply in relation to an old enforcement instrument.
37 Application for old injunction taken to be application for new injunction
(1) This section applies to an application for an old injunction if that application had not been determined before the commencement day.
(2) On the commencement day, the application is taken to be an application for an injunction under section 196.
38 Old Act continues to apply to old injunction
On and after the commencement day, Part VI of the old Act continues to apply in relation to an old injunction.
Division 9—Review of decisions
39 Right to review continues
(1) This section applies if a person had a right, immediately before the commencement day, to make an application to the TSC or to VCAT under section 135K, 136A, 143C, 146C, 157, 169MA, 169O, 169ZI or 228RZF of the old Act but the person had not done so before that day.
(2) The person may make that application on or after that day and within the period allowed under the old Act for the making of that application.
40 Regulator must determine old review application
(1) This clause applies to an application for a review under section 135K or 169MA of the old Act if the application—
(a) was made under the old Act or in accordance with clause 39; and
(b) was not determined by the TSC before the commencement day.
(2) On and after the commencement day, Part VI of the old Act continues to apply in relation to the application.
41 Effect of regulator's decision to set aside cancellation on review
(1) If the regulator decides, in accordance with clause 40, to set aside a decision to cancel an old BSP accreditation, the old BSP accreditation is taken to be a booking service provider registration on and after that decision.
(2) If the regulator decides, in accordance with clause 40, to set aside a decision to cancel an old driver accreditation, the old driver accreditation is taken to be a new driver accreditation on and after that decision.
42 VCAT must determine old review application
(1) This clause applies to an application for a review under section 136A, 143C, 146C, 157, 169O, 169ZI or 228RZF of the old Act if the application—
(a) was made under the old Act or in accordance with clause 39; and
(b) was not determined by VCAT before the commencement day.
(2) On and after the commencement day, Parts VI and VII of the old Act continue to apply in relation to the application.
43 Effect of VCAT's decision to set aside cancellation on review
(1) If VCAT decides, in accordance with clause 42, to set aside a decision to cancel an old BSP accreditation, the old BSP accreditation is taken to be a booking service provider registration on and after that decision.
(2) If VCAT decides, in accordance with clause 42, to set aside a decision to cancel an old driver accreditation, the old driver accreditation is taken to be a new driver accreditation on and after that decision.
(3) This clause applies despite section 51(3) of the Victorian Civil and Administrative Tribunal Act 1998.
44 Effect of other decisions made on review
(1) This clause applies to a decision affirmed or varied, or substituted for another decision—
(a) by the regulator—
(i) in accordance with clause 40; or
(ii) on being invited by VCAT to reconsider a decision under
section 51A of the Victorian Civil and Administrative Tribunal Act 1998 and in accordance with clause 42; or
(b) by VCAT in accordance with clause 42.
(2) If the decision is of a kind referred to in column 1 of a row in the following table, it is taken to be the decision referred to in column 2 of that row.
Table
| Column 1<br>Old decision | Column 2<br>New decision |
| A decision to refuse to issue an old BSP accreditation | A decision under section 58(2) to refuse to register a person as a provider of a booking service |
| A decision under section 132H to disqualify a person from applying for an old BSP accreditation | A decision under section 218(1) to disqualify the person from applying for a booking service provider registration |
| A decision under section 133 of the old Act to impose a condition, restriction or other limitation on an old BSP accreditation | A decision under section 60 to impose that condition, restriction or other limitation as a condition on the corresponding new registration |
| A decision under section 133A of the old Act to vary, revoke or impose a condition, restriction or other limitation on an old BSP accreditation | A decision under section 63 to make that change to the corresponding new registration |
| A decision under section 135B(4) of the old Act to take an action listed in section 135A of that Act in relation to an old BSP accreditation (other than a direction that a person undertake particular training) | A decision under section 218(1) in relation to the corresponding new registration |
| A decision under section 135C of the old Act to suspend an old BSP accreditation | A decision under section 220 to suspend the corresponding new registration |
| A decision under section 135F of the old Act to serve an improvement notice on the holder of an old BSP accreditation | A decision under section 171(2) to serve an improvement notice on the holder of the corresponding new registration |
| A decision to refuse to grant an application for an old CPV licence (other than an application in respect of a vehicle which is to operate as a public commercial passenger vehicle) | A decision under section 42 to refuse to register the motor vehicle that was the subject of that application |
| A decision under section 143A(11) of the old Act to suspend an old CPV licence | A decision under section 45(2) to suspend the corresponding new registration |
| A decision under section 143A(11) of the old Act to cancel an old CPV licence | A decision under section 45(2) to cancel the corresponding new registration |
| A decision under section 146(1) to cancel an old CPV licence | A decision under section 48(1) to cancel the corresponding new registration |
| A decision under section 146(1) of the old Act to alter the conditions attached to an old CPV licence | A decision under section 46 to make that alteration to the conditions attached to the corresponding new registration |
| A decision under section 147A(3) of the old Act to suspend an old CPV licence | A decision under section 218(1) to suspend the corresponding new registration |
| A decision under section 147A(3) of the old Act to cancel an old CPV licence | A decision under section 218(1) to cancel the corresponding new registration |
| A decision under section 157(1) of the old Act to suspend an old CPV licence | A decision under section 218(1) to suspend the corresponding new registration |
| A decision under section 157(1) of the old Act to revoke an old CPV licence | A decision under section 218(1) to cancel the corresponding new registration |
| A decision to refuse to issue an old driver accreditation | A decision under section 75 to refuse to issue a new driver accreditation |
| A decision to refuse to renew an old driver accreditation | A decision under section 75 to refuse to issue a new driver accreditation |
| A decision under section 169A(1)(a) of the old Act to impose a condition on an old driver accreditation on issuing the accreditation | A decision under section 77(1) to impose that condition on the corresponding new accreditation |
| A decision under section 169A(1)(b) of the old Act to impose a condition on an old driver accreditation at any time during the course of an accreditation | A decision under section 81(1) to impose that condition on the corresponding new accreditation |
| A determination under section 169C(1) of the old Act to disqualify a person from applying for the issue of an old driver accreditation | A determination under section 85 that the person is disqualified from applying for the issue of a new driver accreditation |
| A decision under section 169EB of the old Act not to reinstate an old driver accreditation of a person suspended | A decision under section 226 not to reinstate the corresponding new driver accreditation |
| A decision under section 169I(1) of the old Act to take an action listed in that provision in relation to an old driver accreditation | A decision under section 218(1) to take that action in relation to the corresponding new accreditation |
| A decision under section 228RX of the old Act to forfeit a seized thing | A decision under section 159 to forfeit that thing |
(3) The decision is taken to have been made on the commencement day.
(4) In relation to a decision affirmed, varied or substituted by VCAT in accordance with clause 42, subclause (3) applies despite section 51(3) of the Victorian Civil and Administrative Tribunal Act 1998.
45 Decision of VCAT to remit matter
(1) This clause applies if VCAT determines an application, in accordance with clause 42, by setting aside the decision under review and remitting the matter for re-consideration.
See section 51(2)(d) of the Victorian Civil and Administrative Tribunal Act 1998.
(2) Despite the decision having been made by the TSC, the matter is remitted to the regulator.
(3) For the purposes of subclause (2), to the extent that the matter relates to a decision is of a kind referred to in column 1 of a row in the table in clause 44(2), the matter is taken to relate to the decision referred to in column 2 of that row.