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

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

S. 115(1) amended by No. 34/2023 s. 127(Sch. 1 item 18.44).

(1) The Chief Executive of Safe Transport Victoria has all the functions and powers that a transport safety officer has under this Act.

S. 115(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.44).

(2) Accordingly, a reference in this Act to a transport safety officer includes a reference to the Chief Executive of Safe Transport Victoria.

(3) Subsection (2) applies unless the context otherwise requires.

Division 2—Transport safety officers

Subdivision 1—Appointment

116 Appointment

S. 116(1) amended by Nos 41/2019 s. 82, 34/2023 s. 127(Sch. 1 item 18.45).

(1) Safe Transport Victoria, by instrument, may appoint as a transport safety officer any person who is suitably qualified or trained to exercise the powers of a transport safety officer under this Act or a transport safety law.

A person appointed under subsection (1) may but need not be a person employed in the Department under Part 3 of the Public Administration Act 2004.

(2) An appointment under subsection (1) is for a term, and subject to the conditions, specified in the instrument.

(3) Without limiting the conditions to which the appointment of a transport safety officer may be subject, a condition may specify one or more of the following—

S. 116(3)(a) amended by No. 41/2019 s. 82.

(a) the functions and powers under this Act or a transport safety law that may not be performed or exercised by the transport safety officer;

S. 116(3)(b) amended by No. 41/2019 s. 82.

(b) the only functions and powers under this Act or a transport safety law that may be performed or exercised by the transport safety officer;

S. 116(3)(c) amended by No. 41/2019 s. 82.

(c) the circumstances or manner in which a function or power under this Act or a transport safety law may be performed or exercised by the transport safety officer.

(4) To avoid doubt, a transport safety officer is an officer of the State.