228NSupervision of accredited companies

228N Supervision of accredited companies S. 228N(1) amended by Nos 95/2005 s. 27(1)(11), 47/2006 s. 28(1), 34/2011 s. 95(1). (1) The Secretary may hold an inquiry for the purpose of determining whether proper cause exists for taking action against a passenger transport company or bus company or the Bus Association Victoria that is, or has been, an accredited company. S. 228N(2) amended by No. 95/2005 s. 27(1)(11). (2) There is proper cause for taking action against a passenger transport company or bus company or the Bus Association Victoria that is, or has been, an accredited company if— S. 228N(2)(a) amended by No. 101/2003 s. 22(2), substituted by No. 47/2006 s. 28(2). (a) the company has failed to maintain an effective and appropriate authorised officer management system; or S. 228N(2)(aa) inserted by No. 47/2006 s. 28(2). (aa) the company has failed to comply with section 228H; or (ab) the company does, or omits to do, anything that is in breach of a condition to which its accreditation is subject; or (b) the company obtained the accreditation improperly. S. 228N(3) amended by Nos 95/2005 s. 27(1)(11), 47/2006 s. 28(3)(a), 34/2011 s. 95(2). (3) If, following an inquiry, the Secretary is satisfied that proper cause for taking action against the passenger transport company or bus company or the Bus Association Victoria exists, the Secretary has power to do one or more of the following— (a) reprimand the company; (b) if the company is accredited— (i) warn the company that should further proper cause for taking action be found to exist, the company may be disqualified from holding an accreditation; S. 228N (3)(b)(ii) amended by No. 47/2006 s. 28(3)(b). (ii) impose one or more new conditions on the accreditation (including conditions relating to the authorised officer management system of the company); (iii) shorten the period for which the accreditation is to remain in force; S. 228N (3)(b)(iv) amended by Nos 47/2006 s. 28(3)(a), 34/2011 s. 95(2). (iv) suspend the accreditation for a specified period or until a specified event or until a further determination made by the Secretary; (v) cancel the accreditation immediately or with effect from a specified later date; (c) disqualify the company from holding an accreditation— (i) until a specified event; or S. 228N (3)(c)(ii) amended by Nos 47/2006 s. 28(3)(a), 34/2011 s. 95(2). (ii) until a further determination made by the Secretary. S. 228N(4) amended by Nos 47/2006 s. 28(4), 34/2011 s. 95(1). (4) The Secretary may exercise the powers conferred by this section in relation to conduct occurring before or after the commencement of section 37 of the **Rail Corporations (Amendment) Act 1997**. S. 228N(5) inserted by No. 95/2005 s. 27(1)(12). (5) If the Bus Association Victoria is, or was, given accreditation, a reference to a company in this section is to be read as including a reference to that Association. S. 228O inserted by No. 104/1997 s. 37.