83Enforceable voluntary undertaking

83 Enforceable voluntary undertaking

S. 83(1) amended by Nos 41/2019 s. 61, 34/2023 s. 127(Sch. 1 item 18.20).

(1) The Chief Executive of Safe Transport Victoria may accept (by written notice) a written undertaking (a transport safety undertaking) given by an accredited bus operator in connection with a matter relating to a contravention or alleged contravention by the person of a transport safety law.

S. 83(2) amended by No. 34/2023 s. 127(Sch. 1 item 18.20).

(2) The Chief Executive of Safe Transport Victoria must not accept a transport safety undertaking under subsection (1) if—

S. 83(2)(a) amended by No. 41/2019 s. 61(b).

(a) the undertaking is in connection with a matter relating to a contravention or alleged contravention of an indictable offence under a transport safety law; and

S. 83(2)(b) amended by No. 34/2023 s. 127(Sch. 1 item 18.20).

(b) the Chief Executive of Safe Transport Victoria considers that it would be appropriate for him or her to prosecute that offence.

(3) The giving of a transport safety undertaking does not constitute an admission of guilt by the operator giving it in respect of the contravention or alleged contravention to which the undertaking relates.

S. 84 amended by Nos 41/2019 s. 62, 34/2023 s. 127(Sch. 1 item 18.21(a)).