Transport (Safety Schemes Compliance and Enforcement) Act 2014

Division 6—Damage and compensation 78

49ZH Damage etc to be minimised 78

49ZI Chief Investigator to give notice of damage 78

49ZJ Compensation 79

49ZK Limits on compensation 79

49ZL Compensation may be claimed as part of a court proceeding 80

Division 7—Directions powers 80

49ZM Chief Investigator may require name and address 80

49ZN Direction to provide certain information 81

49ZO Manner in which the Chief Investigator may give directions under this Part 82

49ZP Directions may be given under more than one provision 83

Division 8—Other investigatory matters 83

49ZQ Chief Investigator to carry photo identification 83

49ZR Production of photo identification 83

49ZS Identity cards 84

49ZT Residential premises 84

49ZU Use of force 85

49ZV Power to use force against persons to be exercised only by police officers 85

49ZW Manner in which Chief Investigator must exercise powers 86

49ZX Information given voluntarily 86

Division 9—Reports and miscellaneous matters 86

49ZY Reports to be given promptly to the Minister 86

49ZZ Consultation before report finalised 86

49ZZA Publication of investigation-related materials 87

49ZZB Limitations on disclosure etc of information obtained under this Part 87

49ZZC Release of information in the interests of transport safety 89

49ZZD Reports not admissible in evidence 89

49ZZE Chief Investigator may authorise non-staff members to have access to information 90

49ZZF Confidential reporting of safety information by transport workers 90

49ZZG Chief Investigator may ask Commonwealth agency to investigate accident or incident 91

Part 3—Enforcement measures 92

Division 1—Improvement notices 92

50 Service of improvement notices 92

52 Contents of improvement notices 93

53 Directions in improvement notices 95

54 Amendment of improvement notice 95

55 Cancellation of improvement notices 96

56 Clearance certificates for improvement notices 96

57 Proceedings for offences not affected by improvement notices or clearance certificates 97

58 Compliance with improvement notice 97

59 Extension of time for compliance with improvement notices 98

Division 2—Prohibition notices 98

60 Service of prohibition notice 98

61 Contents of prohibition notice 99

62 Directions in prohibition notices 101

63 Compliance with prohibition notice 101

64 Amendment of prohibition notice 101

65 Withdrawal of prohibition notices 102

66 Certificates confirming that matters that give rise to immediate risks to safety remedied 102

67 Proceedings for offences not affected by prohibition notices or certificates 103

Division 3—Remedial action in relation to prohibition notices 104

68 When Safe Transport Victoria may carry out action 104

69 Power of Safe Transport Victoria to take other remedial action 104

70 Costs of remedial or other action 105

Division 4—Non-disturbance notices 105

71 Service of non-disturbance notice 105

72 Contents of non-disturbance notice 106

73 Compliance with non-disturbance notice 108

74 Service of subsequent non-disturbance notices 108

75 Cancellation of a non-disturbance notice 108

Division 5—General requirements applying to notices 108

76 Definition 108

77 Notice to be in writing 108

78 Minor variations of notices by transport safety officer 109

79 Formal irregularities or defects in notice 109

80 Serving notices 109

Division 6—Injunctions 110

81 Definition 110

82 Injunctions for non‑compliance with notices 110

Division 7—Enforceable voluntary undertakings 111

83 Enforceable voluntary undertaking 111

84 Notice of decisions and reasons for decision 111

85 When a transport safety undertaking is enforceable 112

86 Compliance with transport safety undertaking 112

87 Contravention of transport safety undertaking 112

88 Withdrawal or variation of transport safety undertaking 113

89 Proceedings for alleged contravention 114

Division 8—Additional enforcement measures relating to bus safety 115

90 Response to certain safety reports 115

Part 4—Infringement notices 117

Division 1—Transport safety infringement notices 117

93 Transport safety infringements 117

Part 5—Review of decisions 118

99 Reviewable decisions 118

100 Review by Safe Transport Victoria 121

101 Notification of decision of Safe Transport Victoria 123

101A Review by Chief Investigator, Transport Safety 123

101B Notification of decision of Chief Investigator, Transport Safety 125

102 Review by VCAT 125

Part 6—General liability and court processes 127

Division 1—General matters 127

103 Offence to give false or misleading information 127

Division 2—Director and officer criminal liability 128

104 Criminal liability of officers of bodies corporate—failure to exercise due diligence 128

Division 3—Proceedings and evidentiary provisions 131

105 Who may commence proceedings for offences against this Act or a transport safety law 131

106 Limited period for prosecution of transport safety law indictable offences 132

107 Evidentiary certificates—this Act or transport safety laws 132

Division 4—Court based sanctions 136

108 Definitions 136

109 Commercial benefits order 137

110 Supervisory intervention order 139

111 Exclusion orders 145

112 Adverse publicity order 147

113 Release on the giving of a safety undertaking 148

114 Variation or contravention of orders under section 113 149

Part 7—Safe Transport Victoria and transport safety officers 151

Division 1—Safe Transport Victoria 151

115 Chief Executive of Safe Transport Victoria has functions and powers of a transport safety officer 151

Division 2—Transport safety officers 152

Subdivision 1—Appointment 152

116 Appointment 152

117 Identity cards 153

118 Return of identity cards 153

119 Production of identity card 153

Subdivision 2—Functions and powers of transport safety officers 154

120 Functions and powers 154

121 Transport safety officers subject to Safe Transport Victoria's direction 155

122 Transport safety officer may take affidavits 156

123 Attendance of transport safety officer at inquiries 156

Subdivision 3—Offences in relation to transport safety officers 156

124 Offence to hinder or obstruct transport safety officer 156

125 Offence to impersonate transport safety officer 157

126 Offence to assault, threaten or intimidate transport safety officer 157

Part 8—General 158

127 Legal professional privilege 158

128 Recovery of costs 158

129 Corporations Act displacement 159

131 Service of documents 159

132 Regulations 160

Part 9—Transitional and savings provisions 163

133 Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025—Active investigations of the Chief Investigator, Transport Safety 163

═══════════════

Endnotes 165

1 General information 165

2 Table of Amendments 167

3 Explanatory details 169

Version No. 019

Transport (Safety Schemes Compliance and Enforcement) Act 2014

No. 27 of 2014

Version incorporating amendments as at

The Parliament of Victoria enacts:

Part 1—Preliminary

S. 1 amended by No. 41/2019 s. 20, substituted by No. 25/2025 s. 65.

1 Purposes

The purposes of this Act are to—

(a) provide a scheme for the enforcement of transport system safety legislation; and

(b) facilitate independent investigations of transport safety matters by the Chief Investigator, Transport Safety.

2 Commencement

This Act comes into operation on a day or days to be proclaimed.

3 Definitions

In this Act—

accredited bus operator has the same meaning as in the Bus Safety Act 2009;

S. 3 def. of accredited rail transport operator repealed by No. 41/2019 s. 21(l).

approved bus safety code of practice means a code of practice within the meaning of the Bus Safety Act 2009;

S. 3 def. of approved code of practice amended by No. 41/2019 s. 21(b).

approved code of practice means—

(a) an approved bus safety code of practice; or

(b) an approved marine safety code of practice;

approved marine safety code of practice means a code of practice within the meaning of the Marine Safety Act 2010;

S. 3 def. of approved rail safety code of practice repealed by No. 41/2019 s. 21(l).

authorised officer means a transport safety officer or a police officer;

bus has the same meaning as in the Bus Safety Act 2009;

bus premises means—

(a) a depot or base of operations for a bus service; or

(b) a place where bus safety work is carried out; or

(c) premises, including an office or building, used in connection with the provision of bus services or where the provision of bus services is managed;

S. 3 def. of bus safety matter inserted by No. 41/2019 s. 21(a).

bus safety matter has the same meaning as in section 3 of the Transport Integration Act 2010;

bus safety worker has the same meaning as in the Bus Safety Act 2009;

bus service has the same meaning as in the Bus Safety Act 2009;

business day means a day that is not—

(a) a Saturday or a Sunday; or

(b) a day that is appointed as a public holiday or public half-holiday throughout the whole of Victoria under the Public Holidays Act 1993;

S. 3 def. of Chief Executive of Safe Transport Victoria inserted by No. 34/2023 s. 127(Sch. 1 item 18.1(a)).

Chief Executive of Safe Transport Victoria means the person appointed as the Chief Executive of Safe Transport Victoria under section 115H of the Transport Integration Act 2010;

S. 3 def. of Chief Investigator, Transport Safety or Chief Investigator inserted by No. 25/2025 s. 66(d).

Chief Investigator, Transport Safety or Chief Investigator means Chief Investigator, Transport Safety within the meaning of the Transport Integration Act 2010;

S. 3 def. of Common-wealth inserted by No. 25/2025 s. 66(d).

Commonwealth means Commonwealth of Australia;

S. 3 def. of compliance and investigative purposes amended by No. 41/2019 s. 21(c).

compliance and investigative purposes includes purposes—

(a) related to ascertaining whether this Act or a transport safety law has been, or is being, complied with, including whether an offence has been committed against this Act or a transport safety law; and

(b) related to ascertaining whether an approved code of practice has been, or is being, complied with; and

(c) related to an investigation into a bus safety matter or a marine safety matter; and

(e) related to an audit under section 20 of the Bus Safety Act 2009;

S. 3 def. of contractor repealed by No. 41/2019 s. 21(l), new def. of contractor inserted by No. 25/2025 s. 66(d).

contractor—

(a) in relation to a rail transport operator—

(i) means a person engaged directly or indirectly by the rail transport operator to supply rail infrastructure operations or rolling stock operations to that rail transport operator; and

(ii) includes a sub-contractor; or

(b) in relation to a road authority—

(i) means a person engaged directly or indirectly by the road authority to undertake works within the meaning of the Road Management Act 2004 on behalf of the road authority; and

(ii) includes a sub-contractor;

S. 3 def. of Department amended by Nos 41/2019 s. 21(d), 25/2025 s. 106(Sch. 1 item 48).

Department means the Department of Transport and Planning;

employee means a person employed under a contract of employment or contract of training;

exercise, in relation to a function, includes perform the function;

S. 3 def. of harbour master licence inserted by No. 19/2022 s. 83.

harbour master licence has the same meaning as in the Marine Safety Act 2010;

S. 3 def. of Head, Transport for Victoria inserted by No. 25/2025 s. 66(d).

Head, Transport for Victoria has the same meaning as in the Transport Integration Act 2010;

improvement notice means a notice served under section 50;

S. 3 def. of level crossing amended by No. 7/2019 s. 39, repealed by No. 41/2019 s. 21(l).

marine incident has the same meaning as in the Marine Safety Act 2010;

marine operations has the same meaning as in the Marine Safety Act 2010;

marine or port infringement law means—

(a) a provision of the Marine Safety Act 2010 or any regulations made under that Act; or

(b) a provision of the Marine (Drug, Alcohol and Pollution Control) Act 1988 or any regulations made under that Act; or

(c) a provision of the Port Management Act 1995 or any regulations made under that Act;

S. 3 def. of marine premises amended by No. 35/2019 s. 17(a).

marine premises means—

(a) a building or a facility used in connection with the undertaking of marine operations; and

(b) land on which vessels are stored but does not include land used for residential purposes; and

(c) premises associated with the design, commission, construction, manufacture, supply, maintenance, repair or modification of a recreational vessel; and

(d) premises associated with the design, commission, construction, manufacture, supply, installation, maintenance, repair or modification of marine safety equipment; and

(e) premises owned or occupied by pilotage services providers for the purpose of providing pilotage services;

S. 3 def. of marine safety equipment inserted by No. 35/2019 s. 17(b).

marine safety equipment has the same meaning as in section 3(1) of the Marine Safety Act 2010;

marine safety infrastructure has the same meaning as in the Marine Safety Act 2010;

marine safety infrastructure operations has the same meaning as in the Marine Safety Act 2010;

marine safety matter has the same meaning as in the Transport Integration Act 2010;

marine safety work has the same meaning as in the Marine Safety Act 2010;

non-disturbance notice means a notice served under section 71;

S. 3 def. of notifiable occurrence amended by No. 41/2019 s. 21(e).

notifiable occurrence means—

(a) a bus safety matter; or

(b) an accident or incident that is prescribed as a notifiable occurrence—

but does not include a matter or accident or incident that is prescribed not to be a notifiable occurrence;

officer of a body corporate, unincorporated body or association or partnership has the meaning given by section 9 of the Corporations Act;

S. 3 def. of passenger transport company repealed by No. 41/2019 s. 21(l).

person includes a body corporate, unincorporated body or association and a partnership;

S. 3 def. of personal information inserted by No. 25/2025 s. 66(d).

personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;

S. 3 def. of pilotage services inserted by No. 35/2019 s. 17(b).

pilotage services has the same meaning as in section 3(1) of the Marine Safety Act 2010;

S. 3 def. of pilotage services provider inserted by No. 35/2019 s. 17(b).

pilotage services provider has the same meaning as in section 3(1) of the Marine Safety Act 2010;

S. 3 def. of police officer substituted by No. 41/2019 s. 21(f).

police officer has the same meaning as in section 3(1) of the Victoria Police Act 2013;

S. 3 def. of private siding repealed by No. 41/2019 s. 21(l).

prohibition notice means a notice served under section 60;

S. 3 def. of Public Transport Development Authority repealed by No. 41/2019 s. 21(l).

S. 3 def. of public transport premises repealed by No. 41/2019 s. 21(l), new def. of public transport premises inserted by No. 25/2025 s. 66(d).

public transport premises—

(a) means railway premises or bus premises; and

(b) includes any place where an incident involving a bus occurred if the bus, or anything that is, or that is possibly, relevant to an investigation into the incident, is still present;

S. 3 def. of public transport safety matter repealed by No. 41/2019 s. 21(l), new def. of public transport safety matter inserted by No. 25/2025 s. 66(d).

public transport safety matter has the same meaning as in the Transport Integration Act 2010;

S. 3 def. of rail infrastructure repealed by No. 41/2019 s. 21(l), new def. of rail infrastructure inserted by No. 25/2025 s. 66(d).

rail infrastructure has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

S. 3 def. of rail infrastructure manager repealed by No. 41/2019 s. 21(l).

S. 3 def. of rail safety work inserted by No. 25/2025 s. 66(d).

rail safety work has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

S. 3 def. of rail safety worker repealed by No. 41/2019 s. 21(l), new def. of rail safety worker inserted by No. 25/2025 s. 66(d).

rail safety worker has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

S. 3 def. of rail transport operator repealed by No. 41/2019 s. 21(l), new def. of rail transport operator inserted by No. 25/2025 s. 66(d).

rail transport operator has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

S. 3 def. of railway repealed by No. 41/2019 s. 21(l).

S. 3 def. of railway operations repealed by No. 41/2019 s. 21(l), new def. of railway operations inserted by No. 25/2025 s. 66(d).

railway operations has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

S. 3 def. of railway premises repealed by No. 41/2019 s. 21(l), new def. of railway premises inserted by No. 25/2025 s. 66(d).

railway premises means railway premises (other than paragraph (f)) within the meaning in section 4(1) of the Rail Safety National Law (Victoria);

S. 3 def. of registered bus operator repealed by No. 30/2021 s. 99(a).

S. 3 def. of residential premises amended by Nos 41/2019 s. 21(g), 25/2025 s. 66(a).

residential premises means premises, rolling stock, a bus or a vessel, or a part of premises, rolling stock, a bus or a vessel, that is used for predominantly residential purposes;

S. 3 def. of road authority inserted by No. 25/2025 s. 66(d).

road authority has the same meaning as it has in the Road Management Act 2004;

S. 3 def. of road vehicle substituted by Nos 41/2019 s. 21(h), 25/2025 s. 66(b).

road vehicle means any vehicle propelled by any form of motive power but does not include—

(a) a bus; or

(b) rolling stock;

S. 3 def. of rolling stock repealed by No. 41/2019 s. 21(l), new def. of rolling stock inserted by No. 25/2025 s. 66(d).

rolling stock has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

S. 3 def. of Safe Transport Victoria inserted by No. 34/2023 s. 127(Sch. 1 item 18.1(a)).

Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

S. 3 def. of Safety Director repealed by No. 34/2023 s. 127(Sch. 1 item 18.1(b)).

S. 3 def. of safety work infringement repealed by No. 41/2019 s. 21(l).

S. 3 def. of searchable bus or vessel inserted by No. 41/2019 s. 21(a).

searchable bus or vessel means a bus or vessel entered or boarded by a transport safety officer under Part 2;

S. 3 def. of searchable premises amended by No. 41/2019 s. 21(i), substituted by No. 25/2025 s. 66(c).

searchable premises means—

(a) bus premises or marine premises or other premises entered by a transport safety officer under Part 2; or

(b) public transport premises or marine premises or other premises entered by the Chief Investigator under Part 2A;

S. 3 def. of searchable rolling stock, bus or vessel repealed by No. 41/2019 s. 21(l), new def. of searchable rolling stock, bus or vessel inserted by No. 25/2025 s. 66(d).

searchable rolling stock, bus or vessel means rolling stock, a bus or vessel entered or boarded by the Chief Investigator under Part 2A;

Secretary means the Secretary to the Department;

S. 3 def. of specified person inserted by No. 25/2025 s. 66(d).

specified person, in Part 2A, means—

(a) a rail transport operator or an employee or contractor of a rail transport operator; or

(b) an operator of any bus service; or

(c) a driver of a bus used to provide a bus service; or

(d) a procurer of a bus service within the meaning of the Bus Safety Act 2009; or

(e) a rail safety worker; or

(f) a bus safety worker; or

(g) a utility or an employee of a utility; or

(h) a road authority or an employee or contractor of a road authority; or

(i) the National Heavy Vehicle Regulator within the meaning of the Heavy Vehicle National Law (Victoria); or

(j) a works contractor within the meaning of section 85 of the Electricity Industry Act 2000, section 48A of the Road Management Act 2004 or section 137A(4) of the Water Act 1989; or

(k) a person authorised in writing by a gas distribution company or gas transmission company under section 148(7) or 149(6) of the Gas Industry Act 2001; or

(l) Safe Transport Victoria; or

(m) a person whom the Chief Investigator believes on reasonable grounds may be able to provide information, documents or assistance for the purposes of carrying out an investigation into a public transport safety matter or a marine safety matter;

this Act includes regulations made under this Act;

S. 3 def. of transport safety infringement amended by No. 41/2019 s. 21(j).

transport safety infringement means an offence against a transport safety infringement law that is prescribed for the purposes of this Act;

S. 3 def. of transport safety infringement law amended by Nos 41/2019 s. 21(k), 30/2021 s. 99(b).

transport safety infringement law means—

(a) in the case of an accredited bus operator—a provision of the Bus Safety Act 2009 or the regulations made under that Act;

(c) a marine or port infringement law;

S. 3 def. of transport safety law inserted by No. 41/2019 s. 21(a).

transport safety law means—

(a) the Bus Safety Act 2009 or any regulations made under that Act; or

(b) the Marine (Drug, Alcohol and Pollution Control) Act 1988 or any regulations made under that Act; or

(c) the Marine Safety Act 2010 or any regulations made under that Act; or

(d) the Port Management Act 1995 or any regulations made under that Act; or

(e) the Transport Integration Act 2010 or any regulations made under that Act;

transport safety officer means a person appointed under section 116;

S. 3 def. of transport safety or infrastructure law repealed by No. 41/2019 s. 21(l), new def. of transport safety or infrastructure law inserted by No. 25/2025 s. 66(d).

transport safety or infrastructure law means—

(a) a transport safety law; or

(b) the Rail Safety National Law Application Act 2013 or any regulations made under that Act; or

(c) the Rail Safety National Law (Victoria); or

(d) the national regulations within the meaning of the Rail Safety National Law (Victoria); or

(e) section 93A, 93B or 93C of the Electricity Industry Act 2000; or

(f) section 149A, 149B or 149C of the Gas Industry Act 2001; or

(g) Division 4A of Part 4 of the Road Management Act 2004; or

(h) section 137A, 137B or 137C of the Water Act 1989; or

(i) section 23 of the Crimes Act 1958 but only in relation to conduct engaged in by a person on or at, or in the immediate vicinity of, rail infrastructure or rolling stock that places or may place another person in danger of serious injury;

transport safety undertaking has the meaning given by section 83(1);

S. 3 def. of transport system repealed by No. 41/2019 s. 21(l).

S. 3 def. of utility repealed by No. 41/2019 s. 21(l), new def.of utility inserted by No. 25/2025 s. 66(d).

utility means—

(a) an entity (whether publicly or privately owned) which provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like services under the authority of an Act of Victoria or the Commonwealth; or

(b) any person who under the Pipelines Act 2005 is the holder of a licence to construct and operate a pipeline;

vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn;

vessel has the same meaning as in the Marine Safety Act 2010;

vessel operations has the same meaning as in the Marine Safety Act 2010.

4 Transport Integration Act 2010

This Act is transport legislation within the meaning of the Transport Integration Act 2010.

5 Act binds the Crown

This Act binds the Crown, in right of Victoria, and to the extent the legislative power of the Parliament permits, the Crown in all its other capacities.

Pt 2 (Heading) amended by No. 25/2025 s. 67.

Part 2—General compliance and investigatory powers

Division 1—Entry and boarding

S. 6 (Heading) substituted by No. 41/2019 s. 22(1).

6 Entry into bus premises, marine premises or bus or boarding vessel

(1) A transport safety officer, for compliance and investigative purposes, may at any time—

(a) enter a place that is, or that the officer reasonably suspects is—

S. 6(1)(a)(i) amended by No. 41/2019 s. 22(2)(a).

(i) bus premises; or

(ii) marine premises; or

S. 6(1)(b) amended by No. 41/2019 s. 22(2)(b).

(b) enter a bus while it is in use; or

(c) board a vessel while it is in use.

S. 6(2) amended by No. 41/2019 s. 22(2)(c).

(2) If a transport safety officer enters a place under subsection (1) and it is not bus premises or marine premises, the officer must leave the place immediately.

S. 6(3) amended by No. 41/2019 s. 22(2)(d).

(3) A transport safety officer may enter a place that adjoins bus premises or marine premises if the entry is urgently required for the purpose of dealing with—

S. 6(3)(a) amended by No. 41/2019 s. 22(2)(d).

(a) a bus accident; or

(b) a marine incident.

S. 6(4) amended by No. 41/2019 s. 22(2)(e).

(4) An entry or boarding may be made under subsection (1) or (3) with or without the consent of the person with control or management of the place, bus or vessel.

S. 6(5) amended by No. 41/2019 s. 22(2)(f).

(5) If a transport safety officer exercises a power of entry or boarding under this section without the owner or occupier of the bus premises or marine premises or adjoining place or person with the control or management of the bus or vessel being present the officer must, on leaving the premises, place, bus or vessel, leave a notice setting out—

(a) the time of entry; and

(b) the purpose of entry; and

S. 6(5)(c) amended by No. 41/2019 s. 22(2)(f)(ii).

(c) a description of things done while on the premises, bus or vessel; and

(d) the time of departure; and

S. 6(5)(e) amended by No. 34/2023 s. 127(Sch. 1 item 18.2).

(e) the procedure for contacting Safe Transport Victoria for further details of the entry or boarding.

S. 6(6) amended by No. 41/2019 s. 22(2)(g).

(6) A transport safety officer may also enter any place or bus or board a vessel if the entry or boarding is authorised by a search warrant. Subsection (5) does not apply in respect of that kind of entry.

7 Notification of entry

S. 7(1) amended by No. 41/2019 s. 23(a).

(1) A transport safety officer may enter a place or bus or board a vessel under section 6 without prior notice to any person.

S. 7(2) amended by No. 41/2019 s. 23(b).

(2) A transport safety officer must, as soon as practicable after entry to a place that is, or that the officer reasonably suspects is, bus premises or marine premises take all reasonable steps to notify the person with control or management of the premises of that officer's entry.

S. 7(3) amended by No. 41/2019 s. 23(c).

(3) A transport safety officer must, as soon as practicable after entering a bus or boarding a vessel, take all reasonable steps to notify the operator and driver of the bus or master of the vessel of that officer's entry or boarding.

(4) However, a transport safety officer is not required to notify any person if to do so would—

S. 7(4)(a) amended by No. 41/2019 s. 23(d).

(a) defeat the purpose for which the place or bus was entered or the vessel was boarded; or

(b) cause unreasonable delay.

Division 2—Powers on entry and boarding

8 General powers on entry or boarding

S. 8(1) amended by No. 41/2019 s. 24(a).

(1) A transport safety officer who enters bus premises or marine premises or a bus or boards a vessel under section 6 may do any of the following—

S. 8(1)(a) amended by No. 41/2019 s. 24(b).

(a) search, inspect and examine the premises, bus or vessel;

S. 8(1)(b) amended by No. 41/2019 s. 24(b).

(b) make inquiries at the premises or on the bus or vessel;

S. 8(1)(c) amended by No. 41/2019 s. 24(b).

(c) inspect, examine or copy any thing (including a document) at the premises or on the bus or vessel;

S. 8(1)(d) amended by No. 41/2019 s. 24(c).

(d) bring to the premises or onto the bus or vessel, and use at the premises or on the bus or vessel, any equipment or materials that may be required;

S. 8(1)(e) substituted by No. 41/2019 s. 24(d).

(e) enter or open, using reasonable force, the bus or vessel or a thing on the bus or vessel, to examine the bus, vessel or other thing;

(f) take measurements, make surveys and take levels at the premises and, for those purposes, dig trenches, break up the soil and set up any posts, stakes or markers at the premises;

(g) conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings)—

(i) at the premises or on or of any road vehicle at the premises; or

S. 8(1)(g)(ii) amended by No. 41/2019 s. 24(e).

(ii) on or of a bus or vessel;

(h) mark, tag or otherwise identify—

(i) a road vehicle or other thing at the premises;

S. 8(1)(h)(ii) amended by No. 41/2019 s. 24(e)(f).

(ii) a bus or vessel or a thing on the bus or vessel;

S. 8(1)(i) amended by Nos 68/2017 s. 109, 41/2019 s. 24(g).

(i) seize any thing (including a document)—

(i) at the premises or in a road vehicle at the premises; or

S. 8(1)(i)(ii) amended by No. 41/2019 s. 24(f).

(ii) on the bus or vessel—

if the officer reasonably believes the thing is evidence of an offence against this Act or a transport safety law;

S. 8(1)(j) amended by No. 41/2019 s. 24(h).

(j) seize any thing at the premises or on the bus or vessel if the transport safety officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction;

S. 8(1)(k) amended by No. 41/2019 s. 24(h).

(k) take and remove for analysis, testing or examination a sample of any substance or thing from the premises or the bus or vessel without paying for it;

(l) require the following persons to give the officer reasonable help to exercise the officer's powers under paragraphs (a) to (k)—

S. 8(1)(l)(i) amended by No. 41/2019 s. 24(i)(i).

(i) a person at the bus premises or marine premises;

S. 8(1)(l)(ii) repealed by No. 41/2019 s. 24(i)(ii).

(iii) the driver of the bus;

(iv) the master or a member of the crew of the vessel;

S. 8(1)(m) amended by No. 41/2019 s. 24(j).

(m) exercise any power that is reasonably necessary to be exercised by the officer for the purposes of a transport safety law.

S. 8(2) amended by No. 41/2019 s. 24(k).

(2) A film, photograph, video or digital recording, or other image, taken under subsection (1)(g) at the bus premises or marine premises or on the bus or vessel, is not inadmissible as evidence by reason only of the fact that it includes the likeness of one or more persons if the capturing of that likeness is incidental to the taking of the film, photograph, video or digital recording, or other image.

(3) A person required to give reasonable help under subsection (1)(l) must not, without reasonable excuse, fail to comply with the requirement.

S. 8(4) def. of reasonable help substituted by No. 41/2019 s. 24(l).

reasonable help includes—

(a) assistance to enable the transport safety officer to find and gain access to electronically stored material and information at the bus premises or marine premises or on the bus or vessel; and

(b) driving or running the engine of the bus; and

(c) operating the vessel.

S. 9 (Heading) amended by No. 41/2019 s. 25(1).

9 Directions powers as to operation and movement of vehicles

S. 9(1) substituted by No. 41/2019 s. 25(2).

(1) A transport safety officer who enters bus premises or a bus under section 6 may give a direction to any person at the premises or on the bus that relates to the stopping or movement of—

(a) any road vehicle at the premises; or

(b) the bus.

(2) A person must not refuse or fail to comply with a direction under subsection (1) unless the person has a reasonable excuse.

10 Directions powers in relation to vessels

(1) A transport safety officer who enters marine premises or boards, or proposes to board, a vessel under section 6 may do any of the following—

(a) direct the master of a vessel or the person operating a vessel to do anything necessary to enable the effective and safe detention of the vessel;

(b) direct the master or owner of a vessel or the person operating a vessel to supply information, answer questions or produce documents for the purpose of determining whether the vessel is a domestic commercial vessel within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law.

(2) A transport safety officer, for compliance and investigative purposes, may direct the master of the vessel, or person operating the vessel, to—

(a) stop the vessel; or

(b) manoeuvre the vessel in a specified manner or to a specified place; or

(c) secure the vessel in a specified manner; or

(d) produce, for inspection, equipment specified in the direction.

A direction under subsection (2) may be a direction to manoeuvre the vessel to a berth.

(3) A person must not refuse or fail to comply with a direction under subsection (1) or (2) unless the person has a reasonable excuse.

11 Detention of vessels for 48 hours

A transport safety officer who boards a vessel under section 6 may detain the vessel for so long as is necessary (but no longer than 48 hours) for the purposes of exercising a power under section 8.

12 Magistrates' Court may extend period of detention of vessel

(1) A transport safety officer may apply to the Magistrates' Court for an extension of the period a vessel has been detained under section 11.

(2) An application must be made within the maximum 48 hour detention period permitted under section 11 or within a period extended by the Court under this section.

(3) The Court may order such an extension if satisfied that the continued detention of a vessel is necessary—

S. 12(3)(a) amended by Nos 68/2017 s. 110(a), 41/2019 s. 26.

(a) for the purposes of an investigation into whether an offence has been committed against this Act or a transport safety law; or

S. 12(3)(b) amended by Nos 68/2017 s. 110(b) 41/2019 s. 26.

(b) to enable evidence of an offence against this Act or a transport safety law to be obtained for the purposes of a prosecution; or

(c) because the vessel is, or is likely to be, required for the purposes of an investigation into a marine safety matter.

(4) The Court may adjourn an application to enable notice of the application to be given to any person.

13 Persons assisting transport safety officers

S. 13(1) amended by No. 41/2019 s. 27(1).

(1) A person (the assistant), including an interpreter, may accompany a transport safety officer entering bus premises or marine premises or other place or bus or boarding a vessel under this Part to assist the officer if the officer considers the assistance necessary.

(2) The assistant—

S. 13(2)(a) amended by No. 41/2019 s. 27(2).

(a) may do such things at the premises or place or on the bus or vessel and in such manner as the transport safety officer reasonably requires to assist the officer in the exercise of his or her powers under this Act or a transport safety law; but

(b) must not do anything that the officer does not have power to do, except as permitted under a search warrant.

(3) Anything done lawfully by the assistant is taken for all purposes to have been done by the transport safety officer.

14 Use of electronic equipment

(1) Without limiting section 8, if—

S. 14(1)(a) amended by No. 41/2019 s. 28(1).

(a) a thing found at searchable premises or on a searchable bus or vessel is, or includes, a disk, tape or other device for the storage, receipt or transmission of information; and

S. 14(1)(b) amended by No. 41/2019 s. 28(1).

(b) the equipment at searchable premises or on a searchable bus or vessel, may be used with the disk, tape or other device—

the transport safety officer, or a person assisting the officer, may operate the equipment to access the information.

S. 14(2) amended by No. 41/2019 s. 28(2)(a)(b).

(2) If the transport safety officer, or a person assisting the transport safety officer, finds that a disk, tape, or other device for the storage, receipt or transmission of information at searchable premises or on a searchable bus or vessel contains information the officer believes on reasonable grounds is relevant to determining whether a provision of this Act or a transport safety law has been contravened, the officer or person assisting the officer may—

(a) put the information in documentary form and seize the documents so produced; or

S. 14(2)(b) amended by No. 41/2019 s. 28(2)(c).

(b) copy the information to another disk, tape or other storage device and remove that storage device from the searchable premises or searchable bus or vessel; or

(c) if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.

(3) A transport safety officer, or a person assisting a transport safety officer, must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.

information has the same meaning as in the Electronic Transactions (Victoria) Act 2000.

15 Use of equipment to examine or process things

S. 15(1) amended by No. 41/2019 s. 29.

(1) Without limiting section 8, a transport safety officer exercising a power under this Part may bring to, onto, or into searchable premises or a searchable bus or vessel any equipment reasonably necessary for the examination or processing of things found at the premises or on or in the bus or vessel in order to determine whether they are things that may be seized.

S. 15(2) amended by No. 41/2019 s. 29.

(2) The transport safety officer, or a person assisting the officer, may operate equipment already at searchable premises or on a searchable bus or vessel to carry out the examination or processing of a thing found in or at the premises or on or in the bus or vessel in order to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that—

(a) the equipment is suitable for the examination or the processing; and

(b) the examination or processing can be carried out without damage to the equipment.

S. 16 (Heading) amended by No. 41/2019 s. 30(1).

16 Securing a site or restricting access to bus or vessel

(1) For the purpose of protecting evidence that might be relevant for compliance and investigative purposes, an authorised officer may—

(a) secure the perimeter of any site at any place; or

S. 16(1)(b) amended by No. 41/2019 s. 30(2).

(b) restrict access to a bus or vessel.

S. 16(2) amended by No. 41/2019 s. 30(2).

(2) An authorised officer may secure the perimeter of a site or restrict access to a bus or vessel under subsection (1) by whatever means the authorised officer considers appropriate.

(3) A person must not, without the permission of an authorised officer—

(a) enter or remain at a site the perimeter of which is secured under this section; or

S. 16(3)(b) amended by No. 41/2019 s. 30(2).

(b) enter or board or remain on a bus or vessel access to which has been restricted under this section.

(4) Subsection (3) does not apply if the person—

S. 16(4)(a) amended by No. 41/2019 s. 30(2).

(a) enters or remains at the site or enters or boards or remains on the bus or vessel to ensure the safety of persons; or

S. 16(4)(b) amended by No. 41/2019 s. 30(2).

(b) enters or remains at the site or enters or boards or remains on the bus or vessel to remove deceased persons or animals from the site or bus or vessel; or

(c) enters or remains at the site to move a road vehicle, or the wreckage of a road vehicle, to a safe place; or

S. 16(4)(d) amended by No. 41/2019 s. 30(2).

(d) enters or remains at the site or enters or boards or remains on the bus or vessel to protect the environment from significant damage or pollution.

(5) An authorised officer must not unreasonably withhold a permission referred to in subsection (3).

17 Directions for the protection of evidence

(1) For the purpose of protecting evidence that might be relevant for compliance and investigative purposes, a transport safety officer may direct the person in control of a specified thing or class of specified things that the specified thing, or class of specified things, must not be removed or interfered with except with the permission of the transport safety officer.

(2) A person must not fail or refuse to comply with a direction under subsection (1).

(3) Subsection (2) does not apply if the conduct concerned was necessary—

(a) to ensure the safety of persons, animals or property; or

(b) for the movement of deceased persons or animals; or

S. 17(3)(c) amended by No. 41/2019 s. 31.

(c) to move a bus, or the wreckage of a bus, to a safe place; or

(d) to protect the environment from significant damage or pollution.

(4) A transport safety officer must not unreasonably withhold his or her permission under subsection (1).

in control, in relation to a thing or a specified class of things, means having, or reasonably appearing to a transport safety officer as having, authority to exercise control over the thing or specified class of things.

Division 3—Search warrants

18 Search warrants

S. 18(1) amended by No. 41/2019 s. 32(a).

(1) A transport safety officer may apply to a magistrate for a search warrant for a place, bus or vessel.

(2) The magistrate may refuse to consider the application until the transport safety officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

The magistrate may require additional information supporting the application to be given by statutory declaration.

(3) The magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—

S. 18(3)(a) amended by No. 41/2019 s. 32(b)(i).

(a) there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act or a transport safety law; and

S. 18(3)(b) amended by No. 41/2019 s. 32(b)(ii).

(b) the evidence is, or may be within the next 72 hours, at the place or on the bus or vessel.

(4) The search warrant must state—

S. 18(4)(a) amended by No. 41/2019 s. 32(c).

(a) that a stated transport safety officer may, with necessary and reasonable help and force, enter the place or bus, or board the vessel, and exercise the powers of the officer; and

(b) the offence for which the search warrant is sought; and

(c) the evidence that may be seized under the search warrant; and

S. 18(4)(d) amended by No. 41/2019 s. 32(c).

(d) the hours of the day or night when the place or bus may be entered or vessel may be boarded; and

(e) the date, within 7 days after the search warrant's issue, the search warrant ends.

(5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form set out in the rules of court under that Act.

(6) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise a transport safety officer to arrest a person.

(7) Subject to any provision to the contrary in this Division, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

19 Seizure of things not mentioned in the warrant

A search warrant authorises the transport safety officer executing the warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if—

(a) the transport safety officer believes, on reasonable grounds, that the thing—

(i) is of a kind which could have been included in a warrant issued under this Part; or

S. 19(a)(ii) amended by No. 41/2019 s. 33.

(ii) will afford evidence about the commission of an offence against this Act or a transport safety law; and

S. 19(b) amended by No. 41/2019 s. 33.

(b) the transport safety officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the commission of an offence against this Act or a transport safety law.

20 Announcement before entry or boarding on warrant

(1) Before executing a search warrant, the transport safety officer named in the warrant or an assistant to the officer must—

S. 20(1)(a) amended by No. 41/2019 s. 34(a).

(a) announce that he or she is authorised by the warrant to enter the place or bus or board the vessel; and

S. 20(1)(b) amended by No. 41/2019 s. 34(b).

(b) give any person at the place or on the bus or vessel an opportunity to allow that entry or boarding.

S. 20(2) amended by No. 41/2019 s. 34(c).

(2) However, the transport safety officer or an assistant to the officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place, or onto the bus or boarding of the vessel is needed to ensure—

(a) the safety of any person; or

(b) that the effective execution of the warrant is not frustrated.

S. 21 (Heading) amended by No. 41/2019 s. 35(1).

S. 21 amended by No. 41/2019 s. 35(2).

21 Copy of warrant to be given to person with control or management of place, bus or vessel

If the person who has, or appears to have, control or management of a place, bus or vessel is present at the place or on the bus or vessel when a search warrant is being executed, the transport safety officer must—

(a) identify himself or herself to that person by producing his or her identity card for inspection; and

(b) give that person a copy of the warrant.

Division 4—Other related investigatory powers

22 Power to require production of documents, devices or other things and answers to questions

S. 22(1) amended by No. 41/2019 s. 36.

(1) A transport safety officer who enters searchable premises or enters or boards a searchable bus or vessel may, for compliance and investigative purposes—

S. 22(1)(a) amended by No. 41/2019 s. 36(b).

(a) require a person at the premises or on the bus or vessel to tell the officer who has custody of, or access to, a document, device or other thing; or

S. 22(1)(b) amended by No. 41/2019 s. 36(b).

(b) require a person at the premises or on the bus or vessel who has custody of, or access to, a document, device or other thing to produce that document, device or other thing to the officer while the officer is at the premises or on the bus or vessel, or within a specified period; or

S. 22(1)(c) amended by No. 41/2019 s. 36(b).

(c) require a person at the premises or on the bus or vessel to answer any questions put by the officer.

(2) A requirement under subsection (1)(b) must be made by written notice unless the circumstances require the transport safety officer to have immediate access to the document, device or other thing.

(3) An interview conducted by a transport safety officer under subsection (1)(c) must be conducted in private if—

(a) the transport safety officer considers it appropriate; or

(b) the person being interviewed so requests.

(4) Subsection (3) does not limit the operation of section 13 or prevent a representative of the person being interviewed from being present at the interview.

(5) Subsection (3) may be invoked during an interview by—

(a) the transport safety officer; or

(b) the person being interviewed—

in which case the subsection applies to the remainder of the interview.

(6) A person must not, without reasonable excuse, fail to comply with a requirement under this section.

Penalty: In the case of a natural person, $5 000;

In the case of a body corporate, $25 000.

23 Abrogation of privilege against self-incrimination

(1) A person is not excused from answering a question or providing information or a document under this Part on the ground that the answer to the question, or the information or document, may tend to incriminate the person or expose the person to a penalty.

(2) However—

(a) any answer to a question or information or a document provided by a person under this Part is not admissible as evidence against that person in a criminal proceeding or a proceeding for the imposition of a civil penalty other than a proceeding arising out of the false or misleading nature of the answer, information or document; and

(b) any information provided or document obtained as a direct result or indirect consequence of the answer, information or document being provided by a natural person under a requirement or direction under this Part is not admissible as evidence against that person in a criminal proceeding or a proceeding for the imposition of a civil penalty other than a proceeding arising out of the false and misleading nature of the answer, information or document.

(3) Despite section (1) or (2)—

S. 23(3)(a) amended by No. 41/2019 s. 37.

(a) any information or document required to be kept under a transport safety law that is provided by a person under a requirement under section 22 is admissible in evidence against the person in a criminal proceeding; and

S. 23(3)(b) amended by No. 41/2019 s. 37.

(b) any information obtained from a person under this Part that is contained in any document or item that the person is required to keep under a transport safety law is admissible in evidence against the person in a criminal proceeding or may be used in any action, proceeding or process that may make a person liable to a penalty.

24 Warning to be given

(1) Before requiring a person to answer a question or provide information or a document under this Part, a transport safety officer must—

(a) identify himself or herself to the person as a transport safety officer by producing the officer's identity card or in some other way; and

(b) warn the person that failure to comply with the requirement or to answer the question, without reasonable excuse, would constitute an offence; and

(c) warn the person about the effect of section 23; and

(d) advise the person about the effect of section 127.

(2) It is not an offence for a natural person to refuse to answer a question put by a transport safety officer or provide information or a document to a transport safety officer under this Part on the ground that the question, information or document might tend to incriminate him or her, unless he or she was first given the warning in subsection (1)(c).

(3) Nothing in this section prevents a transport safety officer from obtaining and using evidence given to the officer voluntarily by any person.

25 Power to copy and retain documents

A transport safety officer may—

S. 25(a) amended by No. 41/2019 s. 37.

(a) make copies of, or take extracts from, a document given to the officer in accordance with a requirement under a transport safety law or seized under this Part; and

(b) keep that document for the period that the officer considers necessary.

26 Inspecting and copying documents in custody of a transport safety officer under this Part

While a transport safety officer retains custody of a document, the officer must permit the following persons to inspect or make copies of the document at all reasonable times—

(a) the person who produced the document;

(b) the owner of the document;

(c) a person authorised by a person referred to in paragraph (a) or (b).

27 Securing seized things

On seizing a thing under this Part, a transport safety officer may—

S. 27(a) amended by No. 41/2019 s. 38.

(a) move the thing from the bus premises, marine premises, place, bus or vessel where it was seized (the place of seizure); or

(b) leave the thing at the place of seizure but take steps to restrict access to it; or

(c) in relation to equipment that is seized, make the equipment inoperable.

28 Offence to tamper with seized thing

(1) If a transport safety officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without a transport safety officer's permission.

(2) If a transport safety officer makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without a transport safety officer's permission.

29 Directions relating to seizure

(1) To enable a thing to be seized under this Part, a transport safety officer may direct the person in control of it—

(a) to take it to a specified place within a specified time; and

(b) if necessary, to remain in control of it at the specified place for a period specified in the direction.

(2) A direction under subsection (1)—

(a) must be given by signed written notice given to the person; or

(b) if for any reason it is not practicable to give signed written notice to the person—may be given orally and confirmed by signed written notice given to the person as soon as is practicable.

(3) A further direction may be made under this section about the thing if it is necessary and reasonable to make the further direction.

A further direction may (for example) be that the thing be transported during stated off-peak hours, be transported along a particular route, or be transported in a particular way.

(4) A person given a direction under subsection (1) or (3) must comply with that direction unless the person has a reasonable excuse.

(5) Without limiting what may otherwise be a reasonable excuse under subsection (4), it is a reasonable excuse for a person in control of a thing not to comply with a direction under subsection (1) or (3) if, in all the circumstances, the direction was unreasonable.

(6) The cost of complying with a direction under subsection (1) or (3) must be borne by the person.

(7) In this section—

in control, in relation to a thing, means having, or reasonably appearing to a transport safety officer as having, authority to exercise control over the thing.

30 Transport safety officer may direct a thing's return

(1) If a transport safety officer has directed a person to take a thing to a specified place within a specified time under section 29(1), a transport safety officer may direct the person to return the thing to the place from which it was taken.

(2) A person given a direction under subsection (1) must comply with that direction unless the person has a reasonable excuse.

(3) Without limiting what may otherwise be a reasonable excuse under subsection (2), it is a reasonable excuse for a person not to comply with a direction under subsection (1) if, in all the circumstances, the direction was unreasonable.

(4) The cost of complying with a direction under subsection (1) must be borne by the person.

31 Receipt for seized things

(1) After a transport safety officer seizes a thing under this Part, the officer must give a receipt for it to the person from whom the thing was seized or the owner of the thing.

(2) However, if for any reason it is not practicable to comply with subsection (1), the transport safety officer must leave the receipt in a conspicuous position and in a reasonably secure way—

(a) at the place of seizure; or

S. 31(2)(b) amended by No. 41/2019 s. 39.

(b) if the thing was seized from a bus or vessel, on the bus or vessel.

(3) The receipt must describe generally the thing seized and its condition.

(4) This section does not apply if it would be impracticable or unreasonable to expect the transport safety officer to account for the thing, given its condition, nature and value.

32 Copies of certain seized things to be given

(1) If, under this Part, a transport safety officer seizes—

(a) a document; or

(b) a thing that can be readily copied; or

(c) a storage device containing information that can be readily copied—

the transport safety officer must give a copy of the thing or information to the owner or custodian of the document, thing or device as soon as practicable after the seizure.

(a) to any document, thing or device moved under section 27(a) or 29; or

(b) if the transport safety officer is unable to discover the identity of the owner or custodian of any document, thing or device seized.

33 Forfeiture of seized things

S. 33(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(a)).

(1) A thing seized under this Part is forfeited to the State if the Chief Executive of Safe Transport Victoria—

(a) cannot find the person entitled to the thing after making reasonable inquiries; or

(b) cannot return it to the person entitled to it, after making reasonable efforts; or

S. 33(1)(c) amended by No. 41/2019 s. 40.

(c) reasonably believes it is necessary to forfeit the thing to prevent it being used to commit an offence against this Act or a transport safety law.

S. 33(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(a)).

(2) Subsection (1)(a) does not require the Chief Executive of Safe Transport Victoria to make inquiries if it would be unreasonable to make inquiries to find the person entitled to the thing.

S. 33(3) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(a)).

(3) Subsection (1)(b) does not require the Chief Executive of Safe Transport Victoria to make efforts if it would be unreasonable to make efforts to return the thing to the person entitled to it.

S. 33(4) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(b)).

(4) If the Chief Executive of Safe Transport Victoria decides to forfeit the thing under subsection (1)(c), the Chief Executive of Safe Transport Victoria must tell the person entitled to the thing of the decision by written notice.

(5) Subsection (4) does not apply if—

S. 33(5)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(a)).

(a) the Chief Executive of Safe Transport Victoria cannot find the person entitled to the thing after making reasonable inquiries; or

(b) it is impracticable or would be unreasonable to give the notice.

(6) The notice must state—

(a) the reasons for the decision; and

(b) information about the right of review under Part 5.

(7) In deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing's nature, condition and value.

S. 33(8) amended by No. 34/2023 s. 127(Sch. 1 item 18.3(b)).

(8) Any costs reasonably incurred by the Chief Executive of Safe Transport Victoria in storing or disposing of a thing forfeited under subsection (1)(c) may be recovered in a court of competent jurisdiction as a debt due to the Chief Executive of Safe Transport Victoria from the person entitled.

(9) In this section—

person entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it in which case it means the owner of the thing.

34 Return of seized things

S. 34(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.4(a)).

(1) If a seized thing has not been forfeited under this Part, the person entitled to the thing may apply to the Chief Executive of Safe Transport Victoria for the return of the thing after the end of 6 months after it was seized.

S. 34(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.4(b)).

(2) The Chief Executive of Safe Transport Victoria must return the thing to the applicant under subsection (1) unless the Chief Executive of Safe Transport Victoria has reasonable grounds to retain the thing.

(3) For the purposes of subsection (2), a reasonable ground to retain the thing is—

S. 34(3)(a) amended by No. 41/2019 s. 41(a).

(a) for the purposes of an investigation into whether an offence has been committed against this Act or a transport safety law; or

S. 34(3)(b) amended by No. 41/2019 s. 41(a).

(b) to enable evidence of an offence against this Act or a transport safety law to be obtained for the purposes of a prosecution; or

(c) because the thing is, or is likely to be, required for the purposes of—

S. 34(3)(c)(i) amended by No. 41/2019 s. 41(b)(i).

(i) an investigation into a bus safety matter; or

S. 34(3)(c)(ii) amended by No. 41/2019 s. 41(b)(ii).

(ii) an audit under Division 3 of Part 3 of the Bus Safety Act 2009.

S. 34(4) amended by No. 34/2023 s. 127(Sch. 1 item 18.4(b)).

(4) The Chief Executive of Safe Transport Victoria may impose any conditions on the return of the thing under this section that the Chief Executive of Safe Transport Victoria considers appropriate to eliminate or minimise any risk to safety related to the thing.

person entitled to a thing means the person entitled to possess the thing or the owner of the thing.

35 Access to seized thing

(1) Until a thing seized under this Part is forfeited or returned under this Part, a transport safety officer must allow its owner to inspect it and, if it is a document, to copy it.

(2) Subsection (1) does not apply if it is impracticable or it would be unreasonable to allow the inspection or copying.

Division 5—Damage and compensation

S. 36 amended by No. 41/2019 s. 42.

36 Damage etc to be minimised

In the exercise, or purported exercise, of a power under a transport safety law or under this Part, a transport safety officer must take all reasonable steps to ensure that the officer, and any assistant to the officer, cause as little inconvenience, detriment and damage as is practicable.

37 Transport safety officer to give notice of damage

S. 37(1) amended by No. 41/2019 s. 42.

(1) This section applies if a transport safety officer or an assistant to a transport safety officer damages a thing when exercising or purporting to exercise a power under a transport safety law or under this Part.

(2) The transport safety officer must, as soon as practicable, give written notice of the damage to the person whom the officer believes on reasonable grounds is the person in control of the thing.

(3) If the transport safety officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer's or assistant's control, the officer may state it in the notice.

(4) If, for any reason, it is impracticable to comply with subsection (2), the transport safety officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.

(5) This section does not apply to damage the transport safety officer reasonably believes is trivial.

38 Compensation

S. 38(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.5).

(1) A person may claim compensation from the Chief Executive of Safe Transport Victoria if the person incurs damage because of the exercise or purported exercise of a power under this Part.

S. 38(2) amended by No. 41/2019 s. 43.

(2) In determining the amount of compensation payable in relation to any damage caused to electronic equipment, regard is to be had to whether the occupier of the bus premises or marine premises and the employees and agents of the occupier, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.

S. 39 amended by No. 34/2023 s. 127(Sch. 1 item 18.6).

39 Limits on compensation

The Chief Executive of Safe Transport Victoria is not liable to pay compensation to a person for any damage caused during any inspection or search conducted under this Part, or under a search warrant executed in accordance with this Part, if—

(a) the thing that was the object of the inspection or search provides evidence of—

S. 39(a)(i) amended by No. 41/2019 s. 44.

(i) the commission of an offence against this Act or a transport safety law; or

S. 39(a)(ii) amended by No. 41/2019 s. 44.

(ii) non-compliance with a transport safety law or an approved code of practice; and

(b) the damage caused was no more than was reasonably necessary in inspecting, or searching for, the thing.

40 Compensation may be claimed as part of a court proceeding

(1) Compensation may be claimed and ordered in a proceeding—

(a) commenced in a court of competent jurisdiction; or

S. 40(1)(b) amended by No. 41/2019 s. 44.

(b) for an offence against this Act or a transport safety law commenced against the person claiming compensation.

(2) The court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.

(3) The regulations may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.

Division 6—Directions powers

41 Transport safety officers may require name and address

(1) A transport safety officer may require a person to provide the person's name and residential address if—

S. 41(1)(a) amended by No. 41/2019 s. 44.

(a) the officer finds the person committing an offence against this Act or a transport safety law; or

S. 41(1)(b) amended by No. 41/2019 s. 44.

(b) the officer finds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Act or a transport safety law; or

S. 41(1)(c) amended by No. 41/2019 s. 44.

(c) the officer reasonably believes that the person may be able to assist in the investigation of an offence against this Act or a transport safety law.

(2) When asking a person to provide the person's name and residential address, the transport safety officer must—

(a) tell the person the reason for the requirement to provide the person's name and residential address; and

(b) warn the person that it is an offence to fail to state that name and residential address, unless the person has a reasonable excuse.

(3) If the transport safety officer reasonably believes that the name or residential address is false, the officer may require the person to give evidence of its correctness.

(4) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1) or (3).

Penalty: $5 000.

42 Master or person operating vessel must stop vessel and provide licence or certificates when directed

(1) A police officer or a transport safety officer may, by signalling or otherwise, require the master of, or person operating, a vessel that is moving to stop the vessel.

(2) A police officer or a transport safety officer may require the master of, or person operating, a vessel to produce for inspection a certificate, licence or exemption issued under the Marine Safety Act 2010 that is required to lawfully operate the vessel.

(3) A police officer or a transport safety officer may require the master of, or person operating, a vessel to allow the officer to inspect any document that is required by regulations made under the Marine Safety Act 2010 to be displayed in or on the vessel.

(4) A person given a requirement under subsection (1), (2) or (3) must not refuse or fail to comply with the requirement.

Penalty: $1 500.

(5) Subsection (4) (as it applies to a requirement under subsection (2)) does not apply if the licence, certificate, exemption or other document is not on the vessel at the time the requirement for its production is made.

43 Direction to provide certain information

(1) A transport safety officer may direct, for compliance and investigative purposes—

S. 43(1)(a) repealed by No. 41/2019 s. 45.

(b) a provider of a bus service or a bus safety worker who is associated with a particular bus—

(i) to state the name, home address and business address of any other person who is associated with the bus;

(ii) to give any information that is within the power of the person to give that may lead to the identification of the owner or operator of the bus on any occasion;

(c) a person whom the transport safety officer believes has information concerning the identity or location of the owner or master of a vessel to provide all the information the person has regarding the identity and location of the owner and master of the vessel.

(2) A person must not refuse or fail to comply with a direction under subsection (1).

(3) It is not an offence for a person to fail to comply with subsection (2) if the transport safety officer did not inform the person, at the time the direction was made, that it is an offence to fail to comply with the direction.

associated with means the owner or operator of, or in charge or apparently in charge of.

44 Manner in which transport safety officers may give directions under this Part

(1) A transport safety officer may give a direction under this Part orally or in writing.

(2) If giving a direction orally, the transport safety officer giving the direction—

(a) must state whether it is to be complied with immediately or within a specified period; and

(b) must warn the person to whom the direction is given that it is an offence under this Act to fail to comply with a direction.

(3) If giving a direction in writing, the transport safety officer must ensure that the direction—

(a) states the period within which it is to be complied with; and

(b) states that it is an offence under this Act to fail to comply with a direction.

(4) A written direction may be given to, or sent by post to, the person to whom it is directed.

45 Directions may be given under more than one provision

(1) A transport safety officer may, on the same occasion, give directions under one or more provisions of this Part.

(2) Without limiting subsection (1), a transport safety officer, in the course of exercising powers under a provision of this Part, may do either or both of the following—

(a) give further directions under the provision;

(b) give further directions under one or more other provisions of this Part.

Division 7—Other matters

S. 46 amended by No. 41/2019 s. 46(a).

46 Residential premises

Despite anything else in this Part, the powers of a transport safety officer under this Part in relation to entering a place or bus or boarding a vessel are not exercisable in respect of any part of the place, bus or vessel that are residential premises except—

(a) with the consent of—

(i) the person with control or management of the residential premises; or

(ii) a person at the premises; or

(iii) a resident of the premises; or

(b) under the authority conferred by a search warrant; or

S. 46(c) amended by No. 41/2019 s. 46(b).

(c) for the sole purpose of gaining access to suspected bus premises, but only—

(i) if the officer reasonably believes that no reasonable alternative access is available; and

S. 46(c)(ii) amended by No. 41/2019 s. 46(c).

(ii) at a reasonable time, having regard to the times at which the officer believes bus safety work is being carried out at the premises to which access is sought.

S. 47 amended by Nos 41/2019 s. 47, 25/2025 s. 68.

47 Use of force

A power conferred under this Part to enter a place or bus or board a vessel, or to do anything in or on that place or on that bus or vessel, may not be exercised unless the transport safety officer or a person assisting a transport safety officer proposing to exercise the power, uses no more force than is reasonably necessary to effect the entry or boarding or to do the thing for which the entry or boarding is effected.

S. 48 amended by No. 25/2025 s. 69.

48 Power to use force against persons to be exercised only by police officers

A provision in this Part that authorises a person to use reasonable force does not authorise a person who is not a police officer to use force against another person.

49 Manner in which transport safety officers must exercise powers

In exercising powers under this Part, a transport safety officer must—

(a) cause as little inconvenience as possible; and

S. 49(b) amended by No. 41/2019 s. 48.

(b) not remain at any place or on a bus or vessel any longer than is reasonably necessary.

Pt 2A (Headings and ss 49A–49ZZG) inserted by No. 25/2025 s. 70.

Part 2A—Investigatory powers—Chief Investigator, Transport Safety

Division 1—Object

S. 49A inserted by No. 25/2025 s. 70.

49A Object

The object of this Part is to improve public transport and marine safety by providing for the independent investigation of public transport safety matters and marine safety matters by the Chief Investigator, Transport Safety.

See section 181 of the Transport Integration Act 2010.

Division 2—Entry and boarding

S. 49B inserted by No. 25/2025 s. 70.

49B Entry into public transport premises, marine premises, rolling stock or bus or boarding vessel

(1) The Chief Investigator, for the purpose of carrying out an investigation into a public transport safety matter or marine safety matter, may at any time—

(a) enter a place that is, or that the Chief Investigator reasonably suspects is—

(i) public transport premises; or

(ii) marine premises; or

(b) enter rolling stock or a bus while it is in use; or

(c) board a vessel while it is in use.

(2) If the Chief Investigator enters a place under subsection (1) and it is not public transport premises or marine premises, the Chief Investigator must leave the place immediately.

(3) An entry or boarding may be made under subsection (1) with or without the consent of the person with control or management of the place, rolling stock, bus or vessel.

(4) If the Chief Investigator exercises a power of entry or boarding under this section without the owner or occupier of the public transport premises or marine premises or adjoining place or person with the control or management of the rolling stock, bus or vessel being present, the Chief Investigator must, on leaving the premises, place, rolling stock, bus or vessel, leave a notice setting out—

(a) the time of entry; and

(b) the purpose of entry; and

(c) a description of things done while on the premises, rolling stock, bus or vessel; and

(d) the time of departure; and

(e) the procedure for contacting the Chief Investigator for further details of the entry or boarding.

(5) The Chief Investigator may also enter any place, rolling stock or bus or board a vessel if the entry or boarding is authorised by a search warrant. Subsection (4) does not apply in respect of that kind of entry.

S. 49C inserted by No. 25/2025 s. 70.

49C Notification of entry

(1) The Chief Investigator may enter a place, rolling stock or bus or board a vessel under section 49B without prior notice to any person.

(2) The Chief Investigator must, as soon as practicable after entry to a place that is, or that the Chief Investigator reasonably suspects is, public transport premises or marine premises take all reasonable steps to notify the person with control or management of the premises of the Chief Investigator's entry.

(3) The Chief Investigator must, as soon as practicable after entering rolling stock or a bus or boarding a vessel, take all reasonable steps to notify the operator and driver of the rolling stock or bus or master of the vessel of the Chief Investigator's entry or boarding.

(4) However, the Chief Investigator is not required to notify any person if to do so would—

(a) defeat the purpose for which the place, rolling stock or bus was entered or the vessel was boarded; or

(b) cause unreasonable delay.

Division 3—Powers on entry and boarding

S. 49D inserted by No. 25/2025 s. 70.

49D General powers on entry or boarding

(1) If the Chief Investigator enters public transport premises or marine premises or rolling stock or bus or boards a vessel under section 49B, the Chief Investigator may do any of the following—

(a) search, inspect and examine the premises, rolling stock, bus or vessel;

(b) make inquiries at the premises or on the rolling stock, bus or vessel;

(c) inspect, examine or copy any thing (including a document) at the premises or on the rolling stock, bus or vessel;

(d) bring to the premises or onto the rolling stock, bus or vessel, and use at the premises or on the rolling stock, bus or vessel, any equipment or materials that may be required;

(e) enter or open, using reasonable force—

(i) rail infrastructure, a road vehicle or other thing at the railway premises; or

(ii) the rolling stock, bus or vessel or a thing on the rolling stock bus or vessel—

to examine the infrastructure, rolling stock, road vehicle, bus, vessel or other thing;

(f) take measurements, make surveys and take levels at the premises and, for those purposes, dig trenches, break up the soil and set up any posts, stakes or markers at the premises;

(g) conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings)—

(i) at the premises or on or of any road vehicle at the premises; or

(ii) on or of rolling stock or a bus or vessel;

(h) mark, tag or otherwise identify—

(i) a road vehicle or other thing at the premises; or

(ii) rolling stock or a bus or vessel or a thing on the rolling stock, bus or vessel;

(i) seize any thing (including a document)—

(i) at the premises or in a road vehicle at the premises; or

(ii) on the rolling stock, bus or vessel—

if the Chief Investigator reasonably believes that the seizure of the thing is necessary for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter;

(j) seize any thing at the premises or on the rolling stock, bus or vessel if the Chief Investigator believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction;

(k) take and remove for analysis, testing or examination a sample of any substance or thing from the premises or the rolling stock, bus or vessel without paying for it;

(l) require the following persons to give the Chief Investigator reasonable help to exercise the Chief Investigator's powers under paragraphs (a) to (k)—

(i) a person at the public transport premises or marine premises;

(ii) a rail safety worker at railway premises or on rolling stock;

(iii) the driver of the bus;

(iv) the master or a member of the crew of the vessel;

(m) exercise any power that is reasonably necessary to be exercised by the Chief Investigator for the purposes of an investigation into a public transport safety matter or a marine safety matter.

(2) A person required to give reasonable help under subsection (1)(l) must not, without reasonable excuse, fail to comply with the requirement.

Penalty: In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

(3) In this section—

reasonable help includes—

(a) assistance to enable the Chief Investigator to find and gain access to electronically stored material and information at the public transport premises or marine premises or on the rolling stock, bus or vessel; and

(b) unloading rolling stock at the public transport premises; and

(c) running the engine of—

(i) a locomotive at the public transport premises; or

(ii) the bus; and

(d) operating the vessel; and

(e) driving a train, tram or bus; and

(f) giving the Chief Investigator assistance to enter any rail infrastructure or any part of rail infrastructure, or open rolling stock or any part of rolling stock, at the public transport premises.

S. 49E inserted by No. 25/2025 s. 70.

49E Directions powers as to operation and movement of rolling stock and vehicles

(1) If the Chief Investigator enters public transport premises, rolling stock or a bus under section 49B, the Chief Investigator may give a direction to any person at the premises or on the rolling stock or bus that relates to the stopping or movement of—

(a) any road vehicle at the premises; or

(b) the rolling stock or bus.

(2) A person must not refuse or fail to comply with a direction under subsection (1) unless the person has a reasonable excuse.

S. 49F inserted by No. 25/2025 s. 70.

49F Directions powers in relation to vessels

(1) If the Chief Investigator enters marine premises or boards, or proposes to board, a vessel under section 49B, the Chief Investigator may direct the master of a vessel or the person operating a vessel to do anything necessary to enable the effective and safe detention of the vessel.

(2) The Chief Investigator, for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter, may direct the master of the vessel, or person operating the vessel, to—

(a) stop the vessel; or

(b) manoeuvre the vessel in a specified manner or to a specified place; or

(c) secure the vessel in a specified manner; or

(d) produce, for inspection, equipment specified in the direction.

A direction under subsection (2) may be a direction to manoeuvre the vessel to a berth.

(3) A person must not refuse or fail to comply with a direction under subsection (1) or (2) unless the person has a reasonable excuse.

S. 49G inserted by No. 25/2025 s. 70.

49G Detention of vessels for 48 hours

If the Chief Investigator boards a vessel under section 49B, the Chief Investigator may detain the vessel for so long as is necessary (but no longer than 48 hours) for the purposes of exercising a power under section 49D.

S. 49H inserted by No. 25/2025 s. 70.

49H Magistrates' Court may extend period of detention of vessel

(1) The Chief Investigator may apply to the Magistrates' Court for an extension of the period a vessel has been detained under section 49G.

(2) An application must be made within the maximum 48 hour detention period permitted under section 49G or within a period extended by the Court under this section.

(3) The Magistrates' Court may order such an extension if satisfied that the continued detention of a vessel is necessary—

(a) for the purposes of an investigation into a marine safety matter; or

(b) because the vessel is, or is likely to be, required for the purposes of an investigation into a marine safety matter.

(4) The Court may adjourn an application to enable notice of the application to be given to any person.

S. 49I inserted by No. 25/2025 s. 70.

49I Persons assisting the Chief Investigator

(1) A person (the assistant), including an interpreter, may accompany the Chief Investigator in entering public transport premises or marine premises or other place, or rolling stock or bus or boarding a vessel under this Part to assist the Chief Investigator if the Chief Investigator considers the assistance necessary.

(2) The assistant—

(a) may do such things at the premises or place or on the rolling stock, bus or vessel and in such manner as the Chief Investigator reasonably requires to assist the Chief Investigator in the exercise of the Chief Investigator's powers under this Part; but

(b) must not do anything that the Chief Investigator does not have power to do, except as permitted under a search warrant.

(3) Anything done lawfully by the assistant is taken for all purposes to have been done by the Chief Investigator.

S. 49J inserted by No. 25/2025 s. 70.

49J Use of electronic equipment

(1) Without limiting section 49D, if—

(a) a thing found at searchable premises or on a searchable rolling stock, bus or vessel is, or includes, a disk, tape or other device for the storage, receipt or transmission of information; and

(b) the equipment at searchable premises or on a searchable rolling stock, bus or vessel, may be used with the disk, tape or other device—

the Chief Investigator, or a person assisting the Chief Investigator, may operate the equipment to access the information.

(2) If the Chief Investigator, or a person assisting the Chief Investigator, finds that a disk, tape, or other device for the storage, receipt or transmission of information at searchable premises or on a searchable rolling stock, bus or vessel contains information the Chief Investigator believes on reasonable grounds is relevant to an investigation into a public transport safety matter or marine safety matter, the Chief Investigator or person assisting the Chief Investigator may—

(a) put the information in documentary form and seize the documents so produced; or

(b) copy the information to another disk, tape or other storage device and remove that storage device from the searchable premises or searchable rolling stock, bus or vessel; or

(c) if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.

(3) The Chief Investigator, or a person assisting the Chief Investigator, must not operate or seize equipment for the purpose mentioned in this section unless the Chief Investigator or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.

information has the same meaning as in the Electronic Transactions (Victoria) Act 2000.

S. 49K inserted by No. 25/2025 s. 70.

49K Use of equipment to examine or process things

(1) Without limiting section 49D, the Chief Investigator, in exercising a power under this Part, may bring to, onto, or into searchable premises or a searchable rolling stock, bus or vessel any equipment reasonably necessary for the examination or processing of things found at the premises or on or in the rolling stock, bus or vessel in order to determine whether they are things that may be seized.

(2) The Chief Investigator, or a person assisting the Chief Investigator, may operate equipment already at searchable premises or on a searchable rolling stock, bus or vessel to carry out the examination or processing of a thing found in or at the premises or on or in the rolling stock, bus or vessel in order to determine whether it is a thing that may be seized, if the Chief Investigator or person assisting believes on reasonable grounds that—

(a) the equipment is suitable for the examination or the processing; and

(b) the examination or processing can be carried out without damage to the equipment.

S. 49L inserted by No. 25/2025 s. 70.

49L Securing a site or restricting access to rolling stock, bus or vessel

(1) For the purpose of protecting evidence that might be relevant for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter, the Chief Investigator or a police officer may—

(a) secure the perimeter of any site at any place; or

(b) restrict access to rolling stock, a bus or vessel.

(2) The Chief Investigator or a police officer may secure the perimeter of a site or restrict access to rolling stock, a bus or vessel under subsection (1) by whatever means the Chief Investigator or the police officer considers appropriate.

(3) A person must not, without the permission of the Chief Investigator or a police officer—

(a) enter or remain at a site the perimeter of which is secured under this section; or

(b) enter or board or remain on rolling stock, a bus or vessel access to which has been restricted under this section.

(4) Subsection (3) does not apply if the person—

(a) enters or remains at the site or enters or boards or remains on the rolling stock, bus or vessel to ensure the safety of persons; or

(b) enters or remains at the site or enters or boards or remains on the rolling stock, bus or vessel to remove deceased persons or animals from the site or bus or vessel; or

(c) enters or remains at the site to move a road vehicle, or the wreckage of a road vehicle, to a safe place; or

(d) enters or remains at the site or enters or boards or remains on the rolling stock, bus or vessel to protect the environment from significant damage or pollution.

(5) The Chief Investigator or a police officer must not unreasonably withhold a permission referred to in subsection (3).

S. 49M inserted by No. 25/2025 s. 70.

49M Directions for the protection of evidence

(1) For the purpose of protecting evidence that might be relevant for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter, the Chief Investigator may direct the person in control of a specified thing or class of specified things that the specified thing, or class of specified things, must not be removed or interfered with except with the permission of the Chief Investigator.

(2) A person must not fail or refuse to comply with a direction under subsection (1).

(3) Subsection (2) does not apply if the conduct concerned was necessary—

(a) to ensure the safety of persons, animals or property; or

(b) for the movement of deceased persons or animals; or

(c) to move rolling stock or a bus, or the wreckage of rolling stock or a bus, to a safe place; or

(d) to protect the environment from significant damage or pollution.

(4) The Chief Investigator must not unreasonably withhold the Chief Investigator's permission under subsection (1).

in control, in relation to a thing or a specified class of things, means having, or reasonably appearing to the Chief Investigator as having, authority to exercise control over the thing or specified class of things.

Division 4—Search warrants

S. 49N inserted by No. 25/2025 s. 70.

49N Search warrants

(1) The Chief Investigator may apply to a magistrate for a search warrant for a place, rolling stock, a bus or vessel.

(2) The magistrate may refuse to consider the application until the Chief Investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

The magistrate may require additional information supporting the application to be given by statutory declaration.

(3) The magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—

(a) there is a particular thing or activity (the evidence) that may be significant to an investigation into a public transport safety matter or a marine safety matter; and

(b) the evidence is, or may be within the next 72 hours, at the place or on the rolling stock or on the bus or vessel.

(4) The search warrant must state—

(a) that the Chief Investigator may, with necessary and reasonable help and force, enter the place, rolling stock or bus, or board the vessel, and exercise the powers of the Chief Investigator; and

(b) a brief description of the investigation in respect of which the warrant is sought; and

(c) the evidence that may be seized under the search warrant; and

(d) the hours of the day or night when the place, rolling stock or bus may be entered or vessel may be boarded; and

(e) the date, within 7 days after the search warrant's issue, the search warrant ends.

(5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form set out in the rules of court under that Act.

(6) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise the Chief Investigator to arrest a person.

(7) Subject to any provision to the contrary in this Division, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

S. 49O inserted by No. 25/2025 s. 70.

49O Seizure of things not mentioned in the warrant

A search warrant authorises the Chief Investigator, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if—

(a) the Chief Investigator believes, on reasonable grounds, that the thing—

(i) is of a kind which could have been included in a warrant issued under this Part; or

(ii) is of significance to an investigation into a public transport safety matter or a marine safety matter; and

(b) the Chief Investigator believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction.

S. 49P inserted by No. 25/2025 s. 70.

49P Announcement before entry or boarding on warrant

(1) Before executing a search warrant, the Chief Investigator or an assistant to the Chief Investigator must—

(a) announce that the Chief Investigator is authorised by the warrant to enter the place, rolling stock or bus or board the vessel; and

(b) give any person at the place or on the rolling stock, bus or vessel an opportunity to allow that entry or boarding.

(2) However, the Chief Investigator or an assistant to the Chief Investigator need not comply with subsection (1) if they believe on reasonable grounds that immediate entry to the place, or into the rolling stock or bus, or boarding of the vessel is needed to ensure—

(a) the safety of any person; or

(b) that the effective execution of the warrant is not frustrated.

S. 49Q inserted by No. 25/2025 s. 70.

49Q Copy of warrant to be given to person with control or management of place, rolling stock, bus or vessel

If the person who has, or appears to have, control or management of a place, rolling stock, a bus or vessel is present at the place or on the rolling stock, bus or vessel when a search warrant is being executed, the Chief Investigator must—

(a) produce the Chief Investigator's photo identification to that person for inspection; and

(b) give that person a copy of the warrant.

Division 5—Other related investigatory powers

S. 49R inserted by No. 25/2025 s. 70.

49R Power to require production of documents and related items

(1) The Chief Investigator may, for the purposes of an investigation into a public transport safety matter or a marine safety matter, direct a specified person to provide to the Chief Investigator—

(a) any document required to be kept under a relevant transport safety or infrastructure law; and

(b) any documents, devices or other things in the specified person's possession or control relating to—

(i) the provision of bus services; or

(ii) railway operations; or

(iii) marine operations; and

(c) any document that the Chief Investigator believes on reasonable grounds may contain information that is relevant for the purposes of the investigation into the transport safety matter or marine safety matter.

(2) The direction must state where and to whom the documents, devices or other things are to be produced.

(3) In giving a direction, the Chief Investigator may specify particular documents, devices or other things, or particular classes of documents, devices or other things.

(4) The Chief Investigator may do any or all of the following—

(a) inspect any documents, devices or other things that are produced;

(b) copy any documents, devices or other things that are produced;

(c) seize and remove any documents, devices or other things that are produced that the Chief Investigator believes on reasonable grounds are significant for the purposes of the investigation into the public transport safety matter or marine safety matter.

(5) A person must not, without reasonable excuse, fail to comply with a requirement under this section.

Penalty: In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

S. 49S inserted by No. 25/2025 s. 70.

49S Power to require persons to attend and answer questions

(1) If the Chief Investigator considers it necessary for the purposes of an investigation into a public transport safety matter or a marine safety matter, the Chief Investigator may require a person to attend before the Chief Investigator and answer questions asked by the Chief Investigator relating to matters relevant to the investigation.

(2) The requirement under subsection (1) must be by notice in writing.

(3) The notice must—

(a) be signed by the Chief Investigator; and

(b) specify the time and place at which the person is required to attend before the Chief Investigator.

(4) The time specified in the notice must be reasonable having regard to the circumstances.

(5) When a person attends before the Chief Investigator under this section, the Chief Investigator may require the questions to be answered on oath or affirmation.

(6) For the purposes of subsection (5), the Chief Investigator may administer an oath or affirmation.

(7) A person of whom a requirement is made under this section must not—

(a) fail to attend before the Chief Investigator in accordance with the requirement; or

(b) refuse to take an oath or make an affirmation when required by the Chief Investigator to do so; or

(c) refuse or fail to answer a question lawfully asked of the person by the Chief Investigator.

Penalty: 30 penalty units.

(8) A person who attends before the Chief Investigator in accordance with a requirement under this section is entitled to be paid, in relation to that attendance, fees or allowances fixed by or calculated in accordance with an Order made by the Governor in Council for the purposes of this section.

S. 49T inserted by No. 25/2025 s. 70.

49T Abrogation of privilege against self‑incrimination

(1) A person is not excused from answering a question or providing information or a document under this Part on the ground that the answer to the question, or the information or document, may tend to incriminate the person or expose the person to a penalty.

(2) However—

(a) any answer to a question or information or a document provided by a person under this Part is not admissible as evidence against that person in a criminal proceeding or a proceeding for the imposition of a civil penalty other than—

(i) a proceeding arising out of the false or misleading nature of the answer, information or document; or

(ii) a proceeding in respect of an offence against section 49S; and

(b) any information provided or document obtained as a direct result or indirect consequence of the answer, information or document being provided by a natural person under a requirement or direction under this Part is not admissible as evidence against that person in a criminal proceeding or a proceeding for the imposition of a civil penalty other than a proceeding arising out of the false and misleading nature of the answer, information or document.

S. 49U inserted by No. 25/2025 s. 70.

49U Warning to be given

Before requiring a person to answer a question or provide information or a document under this Part, the Chief Investigator must—

(a) warn the person that failure to comply with the requirement or to answer the question may constitute an offence; and

See sections 49D(2), 49R(6) and 49S(7).

(b) warn the person about the effect of section 49T; and

(c) advise the person about the effect of section 127.

See also section 49ZR.

S. 49V inserted by No. 25/2025 s. 70.

49V Refusal on self-incrimination grounds not offence if warning not given

It is not an offence for a natural person to refuse to answer a question put by the Chief Investigator or provide information or a document to the Chief Investigator under this Part on the ground that the question, information or document might tend to incriminate the person, unless the person was first given the warning under section 49U(a).

S. 49W inserted by No. 25/2025 s. 70.

49W Power to copy and retain documents

The Chief Investigator may—

(a) make copies of, or take extracts from, a document given to the Chief Investigator in accordance with a requirement under a transport safety or infrastructure law or seized under this Part; and

(b) keep that document for the period that the Chief Investigator considers necessary.

S. 49X inserted by No. 25/2025 s. 70.

49X Inspecting and copying documents in custody of the Chief Investigator under this Part

While the Chief Investigator retains custody of a document, the Chief Investigator must permit the following persons to inspect or make copies of the document at all reasonable times—

(a) the person who produced the document;

(b) the owner of the document;

(c) a person authorised by a person referred to in paragraph (a) or (b).

S. 49Y inserted by No. 25/2025 s. 70.

49Y Securing seized things

On seizing a thing under this Part, the Chief Investigator may—

(a) move the thing from the public transport premises, marine premises, place, rolling stock, bus or vessel where it was seized (the place of seizure); or

(b) leave the thing at the place of seizure but take steps to restrict access to it; or

(c) in relation to equipment that is seized, make the equipment inoperable.

S. 49Z inserted by No. 25/2025 s. 70.

49Z Offence to tamper with seized thing

(1) If the Chief Investigator restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without the Chief Investigator's permission.

(2) If the Chief Investigator makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without the Chief Investigator's permission.

S. 49ZA inserted by No. 25/2025 s. 70.

49ZA Directions relating to seizure

(1) To enable a thing to be seized under this Part, the Chief Investigator may direct the person in control of it—

(a) to take it to a specified place within a specified time; and

(b) if necessary, to remain in control of it at the specified place for a period specified in the direction.

(2) A direction under subsection (1)—

(a) must be given by signed written notice given to the person; or

(b) if for any reason it is not practicable to give signed written notice to the person—may be given orally and confirmed by signed written notice given to the person as soon as is practicable.

(3) A further direction may be made under this section about the thing if it is necessary and reasonable to make the further direction.

A further direction may (for example) be that the thing be transported during stated off-peak hours, be transported along a particular route, or be transported in a particular way.

(4) A person given a direction under subsection (1) or (3) must comply with that direction unless the person has a reasonable excuse.

(5) Without limiting what may otherwise be a reasonable excuse under subsection (4), it is a reasonable excuse for a person in control of a thing not to comply with a direction under subsection (1) or (3) if, in all the circumstances, the direction was unreasonable.

(6) The cost of complying with a direction under subsection (1) or (3) must be borne by the person.

(7) In this section—

in control, in relation to a thing, means having, or reasonably appearing to the Chief Investigator as having, authority to exercise control over the thing.

S. 49ZB inserted by No. 25/2025 s. 70.

49ZB Chief Investigator may direct a thing's return

(1) If the Chief Investigator has directed a person to take a thing to a specified place within a specified time under section 49ZA(1), the Chief Investigator may direct the person to return the thing to the place from which it was taken.

(2) A person given a direction under subsection (1) must comply with that direction unless the person has a reasonable excuse.

(3) Without limiting what may otherwise be a reasonable excuse under subsection (2), it is a reasonable excuse for a person not to comply with a direction under subsection (1) if, in all the circumstances, the direction was unreasonable.

(4) The cost of complying with a direction under subsection (1) must be borne by the person.

S. 49ZC inserted by No. 25/2025 s. 70.

49ZC Receipt for seized things

(1) After the Chief Investigator seizes a thing under this Part, the Chief Investigator must give a receipt for it to the person from whom the thing was seized or the owner of the thing.

(2) However, if for any reason it is not practicable to comply with subsection (1), the Chief Investigator must leave the receipt in a conspicuous position and in a reasonably secure way—

(a) at the place of seizure; or

(b) if the thing was seized from rolling stock, a bus or vessel, on the rolling stock, bus or vessel.

(3) The receipt must describe generally the thing seized and its condition.

(4) This section does not apply if it would be impracticable or unreasonable to expect the Chief Investigator to account for the thing, given its condition, nature and value.

S. 49ZD inserted by No. 25/2025 s. 70.

49ZD Copies of certain seized things to be given

(1) If, under this Part, the Chief Investigator seizes—

(a) a document; or

(b) a thing that can be readily copied; or

(c) a storage device containing information that can be readily copied—

the Chief Investigator must give a copy of the thing or information to the owner or custodian of the document, thing or device as soon as practicable after the seizure.

(a) to any document, thing or device moved under section 49Y(a) or 49ZA; or

(b) if the Chief Investigator is unable to discover the identity of the owner or custodian of any document, thing or device seized.

S. 49ZE inserted by No. 25/2025 s. 70.

49ZE Forfeiture of seized things

(1) A thing seized under this Part is forfeited to the State if the Chief Investigator—

(a) cannot find the person entitled to the thing after making reasonable inquiries; or

(b) cannot return it to the person entitled to it, after making reasonable efforts; or

(c) reasonably believes it is necessary to forfeit the thing for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter.

(2) Subsection (1)(a) does not require the Chief Investigator to make inquiries if it would be unreasonable to make inquiries to find the person entitled to the thing.

(3) Subsection (1)(b) does not require the Chief Investigator to make efforts if it would be unreasonable to make efforts to return the thing to the person entitled to it.

(4) If the Chief Investigator decides to forfeit the thing under subsection (1)(c), the Chief Investigator must tell the person entitled to the thing of the decision by written notice.

(5) Subsection (4) does not apply if—

(a) the Chief Investigator cannot find the person entitled to the thing after making reasonable inquiries; or

(b) it is impracticable or would be unreasonable to give the notice.

(6) The notice must state—

(a) the reasons for the decision; and

(b) information about the right of review under Part 5.

(7) In deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing's nature, condition and value.

(8) Any costs reasonably incurred by the Chief Investigator in storing or disposing of a thing forfeited under subsection (1)(c) may be recovered in a court of competent jurisdiction as a debt due to the Chief Investigator from the person entitled.

(9) In this section—

person entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it in which case it means the owner of the thing.

S. 49ZF inserted by No. 25/2025 s. 70.

49ZF Return of seized things

(1) If a seized thing has not been forfeited under this Part, the person entitled to the thing may apply to the Chief Investigator for the return of the thing after the end of 6 months after it was seized.

(2) The Chief Investigator must return the thing to the applicant under subsection (1) unless the Chief Investigator has reasonable grounds to retain the thing.

(3) For the purposes of subsection (2), a reasonable ground to retain the thing is for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter.

(4) The Chief Investigator may impose any conditions on the return of the thing under this section that the Chief Investigator considers appropriate to eliminate or minimise any risk to safety related to the thing.

person entitled to a thing means the person entitled to possess the thing or the owner of the thing.

S. 49ZG inserted by No. 25/2025 s. 70.

49ZG Access to seized thing

(1) Until a thing seized under this Part is forfeited or returned under this Part, the Chief Investigator must allow its owner to inspect it and, if it is a document, to copy it.

(2) Subsection (1) does not apply if it is impracticable or it would be unreasonable to allow the inspection or copying.

Division 6—Damage and compensation

S. 49ZH inserted by No. 25/2025 s. 70.

49ZH Damage etc to be minimised

In the exercise, or purported exercise, of a power under this Part, the Chief Investigator must take all reasonable steps to ensure that the Chief Investigator, and any assistant to the Chief Investigator, cause as little inconvenience, detriment and damage as is practicable.

S. 49ZI inserted by No. 25/2025 s. 70.

49ZI Chief Investigator to give notice of damage

(1) This section applies if the Chief Investigator or an assistant to the Chief Investigator damages a thing when exercising or purporting to exercise a power under this Part.

(2) The Chief Investigator must, as soon as practicable, give written notice of the damage to the person whom the Chief Investigator believes on reasonable grounds is the person in control of the thing.

(3) If the Chief Investigator believes the damage was caused by a latent defect in the thing or circumstances beyond the Chief Investigator's or assistant's control, the Chief Investigator may state it in the notice.

(4) If, for any reason, it is impracticable to comply with subsection (2), the Chief Investigator must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.

(5) This section does not apply to damage the Chief Investigator reasonably believes is trivial.

S. 49ZJ inserted by No. 25/2025 s. 70.

49ZJ Compensation

(1) A person may claim compensation from the Chief Investigator if the person incurs damage because of the exercise or purported exercise of a power under this Part.

(2) In determining the amount of compensation payable in relation to any damage caused to electronic equipment, regard is to be had to whether the occupier of the public transport premises or marine premises and the employees and agents of the occupier, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.

S. 49ZK inserted by No. 25/2025 s. 70.

49ZK Limits on compensation

The Chief Investigator is not liable to pay compensation to a person for any damage caused during any inspection or search conducted under this Part, or under a search warrant executed in accordance with this Part, if the damage caused was no more than was reasonably necessary in inspecting, or searching for, the thing.

S. 49ZL inserted by No. 25/2025 s. 70.

49ZL Compensation may be claimed as part of a court proceeding

(1) Compensation may be claimed and ordered in a proceeding commenced in a court of competent jurisdiction.

(2) The court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.

(3) The regulations may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.

Division 7—Directions powers

S. 49ZM inserted by No. 25/2025 s. 70.

49ZM Chief Investigator may require name and address

(1) The Chief Investigator may require a person to provide the person's name and residential address if the Chief Investigator believes, on reasonable grounds, that the person is a specified person.

(2) When asking a person to provide the person's name and residential address, the Chief Investigator must—

(a) tell the person the reason for the requirement to provide the person's name and residential address; and

(b) warn the person that it is an offence to fail to state that name and residential address, unless the person has a reasonable excuse.

(3) If the Chief Investigator reasonably believes that the name or residential address is false, the Chief Investigator may require the person to give evidence of its correctness.

(4) A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1) or (3).

S. 49ZN inserted by No. 25/2025 s. 70.

49ZN Direction to provide certain information

(1) The Chief Investigator may direct, for the purpose of carrying out an investigation into a public transport safety matter or a marine safety matter—

(a) a rail operator or a rail safety worker who is associated with particular rolling stock—

(i) to state the name, home address and business address of any other person who is associated with the rolling stock; and

(ii) to give any information that is within the power of the person to give that may lead to the identification of the owner or operator of the rolling stock on any occasion; or

(b) a provider of a bus service or a bus safety worker who is associated with a particular bus—

(i) to state the name, home address and business address of any other person who is associated with the bus; and

(ii) to give any information that is within the power of the person to give that may lead to the identification of the owner or operator of the bus on any occasion; or

(c) a person whom the Chief Investigator believes has information concerning the identity or location of the owner or master of a vessel to provide all the information the person has regarding the identity and location of the owner and master of the vessel.

(2) A person must not refuse or fail to comply with a direction under subsection (1).

(3) It is not an offence for a person to fail to comply with subsection (2) if the Chief Investigator did not inform the person, at the time the direction was made, that it is an offence to fail to comply with the direction.

associated with means the owner or operator of, or in charge or apparently in charge of.

S. 49ZO inserted by No. 25/2025 s. 70.

49ZO Manner in which the Chief Investigator may give directions under this Part

(1) The Chief Investigator may give a direction under this Part orally or in writing.

(2) If giving a direction orally, the Chief Investigator must—

(a) state whether it is to be complied with immediately or within a specified period; and

(b) warn the person to whom the direction is given that it is an offence under this Act to fail to comply with a direction.

(3) If giving a direction in writing, the Chief Investigator must ensure that the direction—

(a) states the period within which it is to be complied with; and

(b) states that it is an offence under this Act to fail to comply with a direction.

(4) A written direction may be given to, or sent by post to, the person to whom it is directed.

S. 49ZP inserted by No. 25/2025 s. 70.

49ZP Directions may be given under more than one provision

(1) The Chief Investigator may, on the same occasion, give directions under one or more provisions of this Part.

(2) Without limiting subsection (1), the Chief Investigator, in the course of exercising powers under a provision of this Part, may do either or both of the following—

(a) give further directions under the provision;

(b) give further directions under one or more other provisions of this Part.

Division 8—Other investigatory matters

S. 49ZQ inserted by No. 25/2025 s. 70.

49ZQ Chief Investigator to carry photo identification

The Chief Investigator must carry photo identification when exercising a power under this Part.

S. 49ZR inserted by No. 25/2025 s. 70.

49ZR Production of photo identification

(1) The Chief Investigator must produce the Chief Investigator's photo identification for inspection—

(a) before exercising a power under this Part; or

(b) if asked to do so by any person at any time during the exercise of a power under this Part.

(2) However, the Chief Investigator need not produce the Chief Investigator's photo identification when asked to do so if—

(a) the Chief Investigator reasonably believes that the production of the Chief Investigator's photo identification would—

(i) affect the safety or welfare of any person; or

(ii) frustrate the effective exercise of a power under this Part; or

(b) the request to produce the Chief Investigator's photo identification is made by a person to whom the Chief Investigator has already produced that identification on the same day.

(3) Any action taken or thing done by the Chief Investigator under this Part is not invalidated if the Chief Investigator fails to produce the Chief Investigator's photo identification.

S. 49ZS inserted by No. 25/2025 s. 70.

49ZS Identity cards

(1) If the Chief Investigator delegates any power conferred on the Chief Investigator by this Part to another person, the Chief Investigator must give the person an identity card that contains a photograph of the person and that identifies the person by name as a person authorised to exercise the power by the Chief Investigator.

(2) If a person to whom an identity card has been issued under subsection (1) ceases to be authorised to exercise any power referred to in the identity card, the person must return the identity card to the Chief Investigator as soon as is practicable after that cessation.

Penalty: 1 penalty unit.

S. 49ZT inserted by No. 25/2025 s. 70.

49ZT Residential premises

Despite anything else in this Part, the powers of the Chief Investigator under this Part in relation to entering a place, rolling stock or bus or boarding a vessel are not exercisable in respect of any part of the place, rolling stock, bus or vessel that are residential premises except—

(a) with the consent of—

(i) the person with control or management of the residential premises; or

(ii) a person at the premises; or

(iii) a resident of the premises; or

(b) under the authority conferred by a search warrant; or

(c) for the sole purpose of gaining access to suspected public transport premises, but only—

(i) if the Chief Investigator reasonably believes that no reasonable alternative access is available; and

(ii) at a reasonable time, having regard to the times at which the Chief Investigator believes rail safety work or bus safety work is being carried out at the premises to which access is sought.

S. 49ZU inserted by No. 25/2025 s. 70.

49ZU Use of force

A power conferred under this Part to enter a place, rolling stock or bus or board a vessel, or to do anything in or on that place or on that rolling stock, bus or vessel, may not be exercised unless the Chief Investigator or a person assisting the Chief Investigator, uses no more force than is reasonably necessary to effect the entry or boarding or to do the thing for which the entry or boarding is effected.

S. 49ZV inserted by No. 25/2025 s. 70.

49ZV Power to use force against persons to be exercised only by police officers

A provision in this Part that authorises a person to use reasonable force does not authorise a person who is not a police officer to use force against another person.

S. 49ZW inserted by No. 25/2025 s. 70.

49ZW Manner in which Chief Investigator must exercise powers

In exercising powers under this Part, the Chief Investigator must—

(a) cause as little inconvenience as possible; and

(b) not remain at any place or on any rolling stock, bus or vessel any longer than is reasonably necessary.

S. 49ZX inserted by No. 25/2025 s. 70.

49ZX Information given voluntarily

Nothing in this Part prevents the Chief Investigator from obtaining and using evidence given to the Chief Investigator voluntarily by any person.

Division 9—Reports and miscellaneous matters

S. 49ZY inserted by No. 25/2025 s. 70.

49ZY Reports to be given promptly to the Minister

The Chief Investigator must, as soon as is practicable after completing an investigation into a public transport safety matter or marine safety matter, give the Minister a report of the investigation.

S. 49ZZ inserted by No. 25/2025 s. 70.

49ZZ Consultation before report finalised

Before giving a report to the Minister under section 49ZY, the Chief Investigator must consult with—

(a) Safe Transport Victoria; and

(b) the Secretary; and

(c) the Head, Transport for Victoria; and

(d) any person or body who has assisted the Chief Investigator with the investigation; and

(e) any person or body to whom the report may be relevant.

S. 49ZZA inserted by No. 25/2025 s. 70.

49ZZA Publication of investigation-related materials

(1) The Chief Investigator may publish, by electronic or other means, investigation‑related materials if the Chief Investigator considers that the publication of the materials is necessary or desirable for the purposes of transport safety.

(2) Published investigation-related materials may only include information that is, or that contains, personal information in the circumstances allowed by the regulations.

(3) In this section, investigation-related materials means—

(a) a report given to the Minister under section 49ZY; or

(b) a summary of a report given to the Minister under section 49ZY; or

(c) safety advisory statements; or

(d) safety recommendations; or

(e) any other document relating to an investigation into a public transport safety matter or marine safety matter.

S. 49ZZB inserted by No. 25/2025 s. 70.

49ZZB Limitations on disclosure etc of information obtained under this Part

(1) A person must not disclose any information obtained while carrying out a function under this Part, or obtained under section 49ZZE.

(2) However, the person may disclose such information if—

(a) the disclosure is made in the performance of a duty under, or in connection with, this Part; or

(b) the person has the consent of the person who originally supplied the information; or

(c) subject to subsection (3), the disclosure is made in legal proceedings at the direction of a court; or

(d) the information is in the public domain at the time it is disclosed.

(3) A court may only direct a person to disclose the information if—

(a) the disclosure is required for the purposes of a criminal proceeding for an offence against this Act; or

(b) the disclosure is to be made in civil proceedings and the following 2 conditions are met—

(i) the Chief Investigator has issued a certificate in relation to the information stating that the disclosure of the information is not likely to interfere with any investigation; and

(ii) the court is satisfied that any adverse domestic and international impact that the disclosure of the information might have on any current or future investigations is outweighed by the public interest in the administration of justice.

(4) In directing a person to disclose information, the court may also direct that the information, or any information obtained from the information, must not—

(a) be published, or be communicated to any person; or

(b) be published, or be communicated, except in a manner, and to a person, specified by the court.

(5) Any information disclosed by a person in contravention of this section is not admissible in any civil or criminal proceeding (other than a proceeding against the person under this section).

(6) Subsection (2) is not intended to interfere with any rights another person may have with regard to the disclosure of the information.

(7) A reference in this section to a court is to be read as including a reference to a tribunal and to a person exercising judicial authority.

S. 49ZZC inserted by No. 25/2025 s. 70.

49ZZC Release of information in the interests of transport safety

(1) The Chief Investigator may disclose information acquired by the Chief Investigator in carrying out the Chief Investigator's functions under this or any other Act to any person if the Chief Investigator considers that the disclosure is necessary or desirable for the purposes of transport safety.

(2) However, the Chief Investigator may only disclose information that is, or that contains, personal information in the circumstances allowed by the regulations.

S. 49ZZD inserted by No. 25/2025 s. 70.

49ZZD Reports not admissible in evidence

(1) A report of an investigation into a public transport safety matter or marine safety matter under this Part is not admissible in evidence in any civil or criminal proceeding.

(a) to the admissibility of a final report in evidence in a coronial inquiry; or

(b) if the court considers that a failure to admit a report into evidence in a criminal proceeding could prejudice the fair trial of the accused.

(3) This section applies despite anything to the contrary in sections 49ZZB and 49ZZC.

(4) In this section report means—

(a) final report; or

(b) draft report; or

(c) any document that is incidental to a final report or draft report.

S. 49ZZE inserted by No. 25/2025 s. 70.

49ZZE Chief Investigator may authorise non-staff members to have access to information

The Chief Investigator may authorise a person who is not a member of the Chief Investigator's staff to have access to information acquired by the Chief Investigator in carrying out the Chief Investigator's functions under this or any other Act if the Chief Investigator considers that it is necessary or desirable to do so.

A person authorised to have access to information under this section is subject to the confidentiality requirements of section 49ZZB.

S. 49ZZF inserted by No. 25/2025 s. 70.

49ZZF Confidential reporting of safety information by transport workers

(1) The Chief Investigator may establish a system for the voluntary reporting by transport workers of public transport safety matters and marine safety matters.

(2) The Chief Investigator must not disclose to any other person, or to any court, tribunal or person acting judicially, any information that may identify a transport worker who provides information under the voluntary reporting system unless—

(a) the worker consents to the disclosure; or

(b) the Chief Investigator or the court, tribunal or person is of the opinion that it is necessary in the public interest that the information be disclosed.

(3) In this section a transport worker is a person who, as an employee, as a contractor or as a volunteer—

(a) carries out work for—

(i) a person who operates a commercial bus service (within the meaning of section 3(1) of the Bus Safety Act 2009); or

(ii) a person who manages any rail infrastructure or who provides, or operates, any rolling stock; or

(iii) a person who undertakes rail safety work; or

(b) is involved with the operation of vessels.

S. 49ZZG inserted by No. 25/2025 s. 70.

49ZZG Chief Investigator may ask Commonwealth agency to investigate accident or incident

The Chief Investigator may ask the Australian Transport Safety Bureau established under section 12 of the Transport Safety Investigation Act 2003 of the Commonwealth to investigate any accident or incident that has occurred in Victoria that is a public transport safety matter or a marine safety matter.

Part 3—Enforcement measures

Division 1—Improvement notices

50 Service of improvement notices

(1) This section applies if a transport safety officer reasonably believes that a person—

S. 50(1)(a) amended by No. 41/2019 s. 49(a).

(a) is contravening a provision of a transport safety law; or

S. 50(1)(b) amended by No. 41/2019 s. 49(a).

(b) has contravened a provision of a transport safety law in circumstances that make it likely that the contravention will continue or be repeated; or

(c) is carrying out or has carried out—

S. 50(1)(c)(i) amended by No. 41/2019 s. 49(b).

(i) marine operations that threaten safety; or

S. 50(1)(c)(ii) amended by No. 41/2019 s. 49(c).

(ii) other operations that threaten marine safety; or

S. 50(1)(d) amended by No. 41/2019 s. 49(d).

(d) is providing bus services that threaten safety or other services that threaten bus safety.

(2) Subject to this section, the transport safety officer may serve an improvement notice requiring the person—

(a) to remedy the contravention; or

(b) to prevent a likely contravention from occurring; or

(c) to remedy the things or operations causing the contravention or likely contravention; or

S. 50(2)(d) amended by No. 41/2019 s. 49(e).

(d) to carry out marine operations or provide bus services so that safety is not threatened or likely to be threatened.

A decision whether to serve an improvement notice is a mandatory transport safety decision—see section 175 of the Transport Integration Act 2010.

S. 50(3) amended by No. 34/2023 s. 127(Sch. 1 item 18.7).

(3) Before serving an improvement notice under this section, a transport safety officer must inform Safe Transport Victoria of his or her intention to do so.

S. 51 repealed by No. 41/2019 s. 50.

52 Contents of improvement notices

(1) An improvement notice must—

S. 52(1)(a) amended by No. 41/2019 s. 51(1).

(a) if the notice relates to a contravention or likely contravention of a transport safety law—

(i) state that the transport safety officer believes the person—

S. 52(1)(a)(i)(A) amended by No. 41/2019 s. 51(1).

(A) is contravening a provision of a transport safety law; or

S. 52(1)(a)(i)(B) amended by No. 41/2019 s. 51(1).

(B) has contravened a provision of a transport safety law in circumstances that make it likely that the contravention will continue or be repeated; and

(ii) state the provision the officer believes is being, or has been, contravened; and

(iii) briefly, state how the provision is being, or has been, contravened; and

(iv) state the day before which the person is required to remedy the contravention or likely contravention; and

(b) in any other case—

(i) state that the transport safety officer believes the person—

S. 52(1)(b)(i)(A) amended by No. 41/2019 s. 51(2)(a).

(A) is carrying out or has carried out marine operations that threaten safety, or other operations that threaten marine safety; or

(B) is providing bus services or has provided bus services that threaten safety, or other services that threaten bus safety; and

(ii) briefly, state how—

S. 52(1)(b)(ii)(A) amended by No. 41/2019 s. 51(2)(b).

(A) the marine operations or bus services are threatening, or have threatened, safety; or

S. 52(1)(b)(ii)(B) amended by No. 41/2019 s. 51(2)(c).

(B) the other operations or services are threatening, or have threatened, marine safety or bus safety; and

S. 52(1)(b)(iii) amended by No. 41/2019 s. 51(2)(d).

(iii) state the day before which the person is required to carry out marine operations or other operations, or provide bus services or other services, so that safety is not threatened or likely to be threatened; and

(c) if a cost-benefit analysis has been carried out under section 175 of the Transport Integration Act 2010, set out the results of that analysis; and

(d) set out the penalty for non-compliance with the notice; and

(e) include information about the right to a review under Part 5 of the decision to serve the notice; and

(f) state that the notice is served under section 50.

(2) An improvement notice served on a person on a ground stated in section 50(1)(a) or (b) may include directions concerning the action to be taken to remedy the contravention or prevent the likely contravention, or the things or operations causing the contravention or likely contravention, to which the notice relates.

S. 52(3) amended by No. 41/2019 s. 51(3).

(3) An improvement notice served on a person on the ground stated in section 50(1)(c) may include directions concerning the action to be taken by which operations to which the notice relates may be carried out so that safety is not threatened or likely to be threatened.

(4) An improvement notice may include recommendations.

(5) The day stated for compliance with the improvement notice must be reasonable in all the circumstances.

53 Directions in improvement notices

A direction included in an improvement notice may—

(a) refer to an approved code of practice; and

(b) offer the person on whom it is served a choice of ways in which to remedy the contravention.

54 Amendment of improvement notice

S. 54(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.8).

(1) An improvement notice served by a transport safety officer may be amended by any transport safety officer or Safe Transport Victoria.

(2) An amendment of an improvement notice is effected by serving on the person affected a notice stating the terms of the amendment.

S. 54(3) amended by No. 41/2019 s. 52.

(3) An amendment of an improvement notice is ineffective if it purports to deal with a contravention of a different provision of a transport safety law from that dealt with in the improvement notice as first served.

(4) A notice of an amendment of an improvement notice must—

(a) state the reasons for the amendment; and

(b) include information about obtaining a review of the decision to amend the notice; and

(c) state that it is served under this section.

55 Cancellation of improvement notices

S. 55(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.9).

(1) An improvement notice served on a person may only be cancelled by Safe Transport Victoria.

(2) Notice of cancellation of an improvement notice is required to be served on the person affected.

56 Clearance certificates for improvement notices

S. 56(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.10(a)).

(1) This section applies if Safe Transport Victoria or a transport safety officer is satisfied that a person on whom an improvement notice has been served has complied with all the requirements of, or a requirement of, that notice.

S. 56(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.10(b)).

(2) Safe Transport Victoria or a transport safety officer must serve a clearance certificate on the person to the effect that (as the case requires)—

(a) all of the requirements of the improvement notice have been complied with; or

(b) the specific requirement of the improvement notice has been complied with.

S. 56(3) amended by No. 34/2023 s. 127(Sch. 1 item 18.10(a)).

(3) The clearance certificate must be served as soon as practicable after Safe Transport Victoria or a transport safety officer is so satisfied.

(4) A requirement of the improvement notice to which the clearance certificate relates ceases to be operative on receipt by the person of that certificate.

57 Proceedings for offences not affected by improvement notices or clearance certificates

S. 57(1) amended by No. 41/2019 s. 52.

(1) The service, amendment or cancellation of an improvement notice does not affect any proceeding for an offence against a transport safety law in connection with any matter in respect of which the improvement notice was served.

S. 57(2) amended by No. 41/2019 s. 52.

(2) The service of a clearance certificate under section 56 in respect of an improvement notice does not affect any proceeding for an offence against a transport safety law in connection with any matter in respect of which the improvement notice was served.

58 Compliance with improvement notice

(1) A person on whom an improvement notice is served must comply with the notice within the period specified in the notice unless the person has a reasonable excuse.

Penalty: In the case of a natural person $50 000;

In the case of a body corporate, $500 000.

(2) It is not an offence to fail to comply with recommendations in an improvement notice.

59 Extension of time for compliance with improvement notices

(1) This section applies if a person has been served with an improvement notice.

(2) A transport safety officer may, by written notice given to the person, extend the compliance period for the improvement notice.

(3) However, the transport safety officer may only extend the compliance period if the period has not ended.

S. 59(4) def. of compliance period amended by No. 68/2017 s. 111.

compliance period means the period stated in the improvement notice served under section 50, and includes that period as extended under this section.

Division 2—Prohibition notices

60 Service of prohibition notice

(1) This section applies if a transport safety officer reasonably believes that—

S. 60(1)(a) amended by No. 41/2019 s. 53(a).

(a) an activity is occurring in relation to bus services or bus premises that involves or will involve an immediate risk to safety; or

S. 60(1)(b) amended by No. 41/2019 s. 53(a).

(b) an activity may occur in relation to bus services or bus premises that, if it occurs, will involve an immediate risk to safety; or

S. 60(1)(c) amended by No. 41/2019 s. 53(b).

(c) an activity may occur at, on, or in the immediate vicinity of a bus stopping point that, if it occurs, will involve an immediate risk to safety; or

(d) an activity is occurring on, or in relation to marine operations or marine premises that involves or will involve an immediate risk to safety; or

(e) an activity is occurring on, or in relation to the operation of, a vessel, that involves or will involve an immediate risk to safety; or

(f) an activity is occurring at marine premises or a place where vessels are operated, stored, moored, berthed or placed that involves or will involve an immediate risk to safety; or

(g) an activity may, if it occurs at or in relation to, marine premises or a place where vessels are operated, stored, moored, berthed or placed, involve an immediate risk to safety.

(2) The transport safety officer may serve a prohibition notice on a person who has, or appears to have, control over the activity prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way.

Note to s. 60(2) inserted by No. 68/2017 s. 112.

A decision whether to serve a prohibition notice is a mandatory transport safety decision—see section 175 of the Transport Integration Act 2010.

(3) Despite section 77, a prohibition notice may be given orally, but must be confirmed by written notice served on the person as soon as practicable after it was given.

61 Contents of prohibition notice

(1) A prohibition notice must—

(a) state that the transport safety officer believes that grounds for the service of the prohibition notice exist and the basis for that belief; and

(b) briefly, state the activity that the officer believes involves or will involve the risk and the matters that give or will give rise to the risk; and

S. 61(1)(c) amended by No. 41/2019 s. 54.

(c) state the provision (if any) of a transport safety law that the officer believes is being, or is likely to be, contravened by that activity; and

(d) set out the penalty for contravening the notice; and

(e) include information about the right to a review under Part 5 of the decision to serve the notice; and

(f) state that the notice is served under this section.

(2) A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c).

(3) A direction in a prohibition notice may offer the person on whom the notice has been served a choice of ways to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c).

(4) Without limiting section 60, a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying one or more of the following—

(a) premises, or part of premises, at which the activity is not to be carried out;

(b) infrastructure at or on which, or in the immediate vicinity of, the activity is not to be carried out;

(c) any thing that is not to be used in connection with the activity;

(d) that a vessel is not to be operated;

(e) any procedure that is not to be followed in connection with the activity.

(5) A prohibition notice may include recommendations.

62 Directions in prohibition notices

A direction included in a prohibition notice may—

(a) refer to an approved code of practice; and

(b) offer the person on whom it is served a choice of ways in which to remedy the matters or matter that involve, or will involve, an immediate risk to safety.

63 Compliance with prohibition notice

(1) A person on whom a prohibition notice is served must comply with the notice unless the person has a reasonable excuse.

Penalty: In the case of a natural person $150 000;

In the case of a body corporate, $1 500 000.

(2) It is not an offence to fail to comply with recommendations in a prohibition notice.

64 Amendment of prohibition notice

S. 64(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.11).

(1) A prohibition notice served by a transport safety officer may be amended by any transport safety officer or Safe Transport Victoria.

S. 64(2) amended by No. 68/2017 s. 113(1).

(2) An amendment of a prohibition notice is effected by serving on the person affected a notice stating the terms of the amendment.

S. 64(3) amended by No. 68/2017 s. 113(2).

(3) An amendment of a prohibition notice is ineffective if it purports to prohibit the carrying out of an activity that is different from the activity prohibited by the prohibition notice as first served.

(4) A notice of an amendment of a prohibition notice must—

(a) state the reasons for the amendment; and

(b) include information about obtaining a review of the decision to amend the notice; and

(c) state that it is served under this section.

65 Withdrawal of prohibition notices

S. 65(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.12).

(1) A prohibition notice served on a person may only be withdrawn by Safe Transport Victoria.

(2) Notice of the withdrawal of a prohibition notice is required to be served on the person affected.

S. 66 (Heading) amended by No. 68/2017 s. 114(1).

66 Certificates confirming that matters that give rise to immediate risks to safety remedied

S. 66(1) amended by Nos 68/2017 s. 114(2)(a), 34/2023 s. 127(Sch. 1 item 18.13(a)).

(1) This section applies if Safe Transport Victoria or a transport safety officer is satisfied that a person served with a prohibition notice has remedied all of the matters or the matter that—

S. 66(1)(a) amended by No. 68/2017 s. 114(2)(b).

(a) gave, or will give, rise to an immediate risk to safety; and

S. 66(1)(b) amended by No. 68/2017 s. 114(2)(c).

(b) is specified in the prohibition notice.

S. 66(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.13(b)).

(2) Safe Transport Victoria or a transport safety officer must serve a certificate on the person to the effect that (as the case requires)—

(a) all of the matters or the matter that gave rise to an immediate risk to safety because of the activity specified in the prohibition notice have been remedied; or

(b) all of the matters or the matter that could have given rise to an immediate risk to safety because of the activity specified in the prohibition notice have been remedied.

S. 66(3) amended by No. 34/2023 s. 127(Sch. 1 item 18.13(a)).

(3) The certificate must be served as soon as practicable after Safe Transport Victoria or transport safety officer is so satisfied.

S. 66(4) amended by Nos 68/2017 s. 114(3), 34/2023 s. 127(Sch. 1 item 18.13(a)).

(4) A matter stated in the prohibition notice that has been remedied to the satisfaction of Safe Transport Victoria or transport safety officer, and to which the certificate relates, ceases to operate when the person receives the certificate.

67 Proceedings for offences not affected by prohibition notices or certificates

S. 67(1) amended by Nos 68/2017 s. 115, 41/2019 s. 54.

(1) The service, amendment or withdrawal of a prohibition notice does not affect any proceeding for an offence against a transport safety law in connection with any matter in respect of which the prohibition notice was served.

S. 67(2) amended by No. 41/2019 s. 54.

(2) The service of a certificate under section 66 in respect of a prohibition notice does not affect any proceeding for an offence against a transport safety law in connection with any matter in respect of which the prohibition notice was served.

Division 3—Remedial action in relation to prohibition notices

S. 68 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 18.14).

68 When Safe Transport Victoria may carry out action

S. 68(1) amended by No. 21/2015 s. 3(Sch. 1 item 57.1).

(1) This section applies if a person on whom a prohibition notice is served fails to take reasonable steps to comply with the notice.

S. 68(2) amended by Nos 41/2019 s. 55, 34/2023 s. 127(Sch. 1 item 18.15(a) (b)).

(2) Safe Transport Victoria may take any remedial action Safe Transport Victoria believes reasonable to make the bus premises, marine premises, vessel or situation safe after giving written notice to the person on whom the prohibition notice was served of—

S. 68(2)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.15(c)).

(a) Safe Transport Victoria's intention to take that action; and

S. 68(2)(b) amended by No. 68/2017 s. 116.

(b) the person's liability for the costs of that action.

S. 69 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 18.16).

69 Power of Safe Transport Victoria to take other remedial action

S. 69(1) substituted by No. 68/2017 s. 117.

(1) This section applies if—

S. 69(1)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.17(a)).

(a) Safe Transport Victoria reasonably believes that circumstances in which a prohibition notice can be served exist; and

S. 69(1)(b) amended by Nos 41/2019 s. 56, 34/2023 s. 127(Sch. 1 item 18.17(a)).

(b) after taking reasonable steps, Safe Transport Victoria cannot find the person with control or management of the bus premises or marine premises or vessel in relation to which the notice would be served.

S. 69(2) amended by Nos 41/2019 s. 56, 34/2023 s. 127(Sch. 1 item 18.17(b)).

(2) Safe Transport Victoria may take any remedial action necessary to make the bus premises, marine premises or vessel safe.

S. 70 amended by No. 34/2023 s. 127(Sch. 1 item 18.18).

70 Costs of remedial or other action

Safe Transport Victoria may recover, as a debt due to Safe Transport Victoria in a court of competent jurisdiction, the reasonable costs of any remedial action taken under—

(a) section 68 from the person on whom the prohibition notice is served; or

S. 70(b) amended by No. 68/2017 s. 118.

(b) section 69 from any person on whom the prohibition notice could have been served in respect of the matter.

Division 4—Non-disturbance notices

S. 71 amended by No. 41/2019 s. 57(a).

71 Service of non-disturbance notice

A transport safety officer may serve a non-disturbance notice on a person with control or management of any of the following places or things if the officer reasonably believes that it is necessary to do so to facilitate the exercise of his or her powers under a transport safety law—

S. 71(a) substituted by No. 41/2019 s. 57(b).

(a) bus premises;

S. 71(b) substituted by No. 41/2019 s. 57(b).

(b) marine premises;

S. 71(c) substituted by No. 41/2019 s. 57(b).

(c) a bus;

S. 71(d) substituted by No. 41/2019 s. 57(b).

(d) a vessel.

S. 71(e) repealed by No. 41/2019 s. 57(b).