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Transport (Compliance and Miscellaneous) Act 1983
204Consequences of a failure to comply with this Division
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204 Consequences of a failure to comply with this Division
(1) This section applies if an event to which this Division applies is held and the organiser of the event—
(a) fails to comply with section 195; or
S. 204(1)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.23).
(b) fails to submit a public transport plan to the Head, Transport for Victoria after being asked to do so; or
(c) fails to comply with any conditions to which the approval of a public transport plan is subject; or
S. 204(1)(d) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.23).
(d) unreasonably fails to comply with any requirements imposed by the Head, Transport for Victoria under section 201.
(2) This section also applies if an event to which this Division applies is held after—
S. 204(2)(a) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.23).
(a) the Head, Transport for Victoria has refused to approve a public transport plan submitted to the Head, Transport for Victoria in relation to the event; or
S. 204(2)(b) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.23).
(b) a public transport plan is submitted to the Head, Transport for Victoria, but it is not approved either because—
(i) it was not submitted in accordance with this Division; or
(ii) any fee payable in relation to the plan was not paid—
and no such plan approved by the Head, Transport for Victoria exists at the time the event is held.
S. 204(3) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.23).
(3) The Head, Transport for Victoria may recover from the organiser as a debt the whole or part of any net additional costs incurred by the Department or a passenger transport company or bus company as a result of the holding of the event or of the breach of conditions.
S. 204(4) amended by Nos 61/2011 s. 25(Sch. 1 item 13.6), 49/2019 s. 186(Sch. 4 item 45.23).
(4) If the Head, Transport for Victoria recovers under this section any costs incurred by a passenger transport company or bus company, the Head, Transport for Victoria must remit those costs, less any reasonable costs incurred by the Head, Transport for Victoria in recovering the costs, to the company as soon as is practicable after receiving them.
(5) Except as provided by this section, the organiser of an event is not otherwise liable either criminally or civilly for any failure to comply with this Division.
(6) The organiser of an event is not liable to be stopped from holding the event by way of injunction merely because there has been a failure to comply with this Division in respect of the event.
Pt 6A (Headings and ss 205–207O) inserted by No. 26/2025 s. 8.
Part VIA—Vehicle sharing schemes
Division 1—Interpretation
New s. 205 inserted by No. 26/2025 s. 8.