(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.