111Exclusion orders

111 Exclusion orders

S. 111(1) amended by Nos 41/2019 s. 79(1), 34/2023 s. 127(Sch. 1 item 18.37).

(1) A court that finds a person guilty of an offence against this Act or a bus law may, on the application of the prosecutor or Safe Transport Victoria, if the court considers the person to be a systematic or persistent offender against this Act or a bus law, make an order under this section.

S. 111(2) amended by No. 41/2019 s. 79(2)(a).

(2) For the purpose of restricting opportunities for the person to commit or be involved in the commission of further offences against this Act or a bus law, the court may, if it considers it appropriate to do so, make an exclusion order prohibiting the person, for a specified period, from—

S. 111(2)(a) repealed by No. 41/2019 s. 79(2)(b).

(b) providing, or managing the provision of, bus services; or

(c) being a director, secretary or officer concerned in the management of a body corporate involved in—

S. 111(2)(c)(i) repealed by No. 41/2019 s. 79(2)(b).

S. 111(2)(c)(ii) amended by No. 41/2019 s. 79(2)(c).

(ii) providing, or managing the provision of, bus services in this jurisdiction.

S. 111(2)(d) repealed by No. 41/2019 s. 79(2)(d).

(3) The court may only make an order under this section if it is satisfied that the person should not continue the things the subject of the proposed order and that a supervisory intervention order is not appropriate, having regard to—

S. 111(3)(a) amended by No. 41/2019 s. 79(3)(a).

(a) the offences against this Act or a bus law of which the person has previously been found guilty; and

S. 111(3)(b) amended by No. 41/2019 s. 79(3)(a).

(b) the offences against this Act or a bus law for which the person has been proceeded against by way of unwithdrawn expiation notices or infringement notices; and

S. 111(3)(c) amended by No. 41/2019 s. 79(3)(b).

(c) any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with the provision of bus services.

(4) A court that has power to make an exclusion order may revoke or amend an exclusion order on the application of—

S. 111(4)(a) amended by No. 34/2023 s. 127(Sch. 1 item 18.37).

(b) the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment.

(5) A person who is subject to an exclusion order must not engage in conduct that results in a contravention of the order.