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

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.