191Safe Transport Victoria must assess appropriateness of urgent safety rule

191 Safe Transport Victoria must assess appropriateness of urgent safety rule S. 191(1) amended by No. 34/2023 s. 127(Sch. 1 item 7.72(a)). (1) This section applies if Safe Transport Victoria makes an urgent safety rule. S. 191(2) amended by No. 34/2023 s. 127(Sch. 1 item 7.72(a)). (2) As soon as reasonably practicable after making the urgent safety rule, Safe Transport Victoria must assess— (a) whether the making of the rule was the only means available to address the matter addressed by that rule; and (b) if so, whether that rule was the most appropriate rule to be made to address that matter. S. 191(3) amended by No. 34/2023 s. 127(Sch. 1 item 7.72(a)). (3) In making a decision under subsection (2), Safe Transport Victoria must have regard to— (a) the mandatory considerations; and S. 191(3)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.72(a)). (b) submissions and comments that Safe Transport Victoria receives in accordance with section 192. S. 191(4) amended by No. 34/2023 s. 127(Sch. 1 item 7.72 (b)(c)). (4) Safe Transport Victoria must publish its decision under subsection (2) on Safe Transport Victoria's Internet site and notice of the making of the decision must be published in the Government Gazette. S. 191(5) amended by No. 34/2023 s. 127(Sch. 1 item 7.72(a)). (5) A decision that is published under subsection (4) must contain a statement of the reasons of Safe Transport Victoria including— (a) a description of the matter that was addressed by the making of the urgent safety rule; and S. 191(5)(b) amended by No. 34/2023 s. 127(Sch. 1 item 7.72(c)). (b) Safe Transport Victoria's conclusions after having regard to the mandatory considerations. S. 191(6) amended by No. 34/2023 s. 127(Sch. 1 item 7.72(a)). (6) If Safe Transport Victoria decides that— (a) the urgent safety rule was not the only means available to address the matter addressed by the rule; and (b) there is a more appropriate, non-legislative way to address the matter— Safe Transport Victoria must, within 12 months after the making of the decision, make a rule that undoes the effect of the urgent safety rule. S. 191(7) amended by No. 34/2023 s. 127(Sch. 1 item 7.72(a)). (7) If Safe Transport Victoria decides that— (a) a rule was the only means available to address the matter addressed by the urgent safety rule; but (b) the urgent safety rule was not the most appropriate rule to be made to address that matter— Safe Transport Victoria must, within 12 months after the making of the decision, make a rule that more appropriately addresses that matter.