Bus Safety Act 2009 (Vic)

Version No. 037

Bus Safety Act 2009

No. 13 of 2009

Version incorporating amendments as at

11 September 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

3ATransport Integration Act 2010

4Objects of bus safety

5Crown to be bound

6Interaction with Occupational Health and Safety Act

7Declaration powers of Safe Transport Victoria

8Declaration of substances to be a drug

Part 2—Principles of bus safety

9Principle of shared responsibility

10Principle of accountability for managing safety risks

11Principle of enforcement

12Principle of transparency and consistency

13Principle of participation, consultation and involvement of all affected persons

Part 3—Bus safety duties

Division 1—The concept of ensuring safety

14The concept of ensuring safety

Division 2—Safety duties

15Duty of operator

16Duty of procurer

17Duty of bus safety worker

18Duties in relation to bus stopping points and bus stop infrastructure

Division 3—Bus inspections and safety audits

19Bus safety inspections

20Safety audits

Part 4—Accreditation of operators of bus services

Division 1—Preliminary

21Purpose of accreditation

Division 2—Bus operator accreditation

22Offence if operator of bus service is not accredited

23Application for accreditation

24Decision on application for accreditation

25Accreditation to be refused in certain circumstances

26Accreditation may be refused in certain circumstances

27Disqualification from ability to apply for accreditation

28Notification and reasons to be given if accreditation refused

Division 3—Provisions relating to accreditation

29Classes of accreditation

30Issue of certificate of accreditation

31Conditions on accreditation

32Offence to fail to comply with conditions of accreditation

33Time within which Safe Transport Victoria must make decision whether to accredit operator

34Accreditation lasts until cancelled or surrendered

35Accreditation cannot be transferred

36Requirements relating to drivers who hold probationary driver licences

36AAnnual accreditation fee

36BOffence for driver to provide bus service without appropriate driver licence

Division 4—Variation and surrender of accreditation

37Accredited bus operator may apply for variation

38Accredited bus operator to notify of relevant changes in circumstances

39Variation of accreditation on Safe Transport Victoria's own initiative

40Surrender of accreditation

Division 5—Bus services under corresponding law

41Unaccredited operators from outside Victoria

42Criteria on which accreditation application of operator accredited or registered under corresponding law to be assessed

43Notification of changes in circumstances in respect of accreditation or registration under corresponding law

44Co-ordination between Safe Transport Victoria and corresponding Bus Safety Regulator

Division 6—Suspension, cancellation and other disciplinary action

45Immediate suspension of accreditation

46Disciplinary action against an accredited bus operator

47Procedure and powers concerning disciplinary inquiries

48Procedure for taking disciplinary action

49Effect of suspension

Division 7—Exemptions granted by Safe Transport Victoria

50Definition

51Accreditation exemption for operators

52What applicant must demonstrate

53Determination of application for exemption

54Application for variation of an exemption

55Determination of application for variation

55APrescribed conditions and restrictions

55BVariation of conditions and restrictions

55CSafe Transport Victoria may make changes to conditions or restrictions

55DRevocation or suspension of an exemption

55EPenalty for breach of condition or restriction

Division 8—Miscellaneous

55FOperator to return certificate when accreditation cancelled or surrendered

55GSafe Transport Victoria may request information

55HCommunication with responsible person

Part 4A—Accreditation of drivers of commercial bus services and local bus services

Division 1—Preliminary

55IPublic care objective

Division 2—Non-accreditation offence

55JOffence for driver to provide services without accreditation

Division 3—Driver accreditations

55KApplication for driver accreditation

55LTests, qualifications and other requirements

55MMatters to which Safe Transport Victoria may have regard in considering application

55NTime within which Safe Transport Victoria must deal with application

55ODecision on application for driver accreditation

55PSafe Transport Victoria must notify applicant of decision

55QConditions on driver accreditation

55QACertificate of accreditation

55RDriver accreditation lasts until cancelled or surrendered

55SAnnual accreditation fees

55TSafe Transport Victoria may vary or revoke conditions or impose new conditions

55UOffence to fail to comply with conditions of driver accreditation

Division 4—Disqualification from holding driver accreditation

55VDisqualification from applying for driver accreditation

55VADisqualification ceases if there has been a relevant change of circumstances

Division 5—Driver accreditation offences

55VBOffence not to sign certificate of accreditation on receipt

55VCOffence not to notify change of address and return certificate of accreditation

55VDOffence not to notify of suspension or cancellation of driver accreditation

55VEOffence not to notify of being charged with, or found guilty of, a disqualifying offence

55VFOffence to retain illegible certificate of accreditation

55VGOffence to retain certificate if accreditation suspended or cancelled

55VHOffence not to carry certificate of accreditation when driving

55VIDriver accreditation cannot be transferred

55VJSurrender of driver accreditation

55VKOffence not to produce certificate of accreditation when asked

Division 6—Disciplinary action

55WWhen Safe Transport Victoria may take disciplinary action

55XDisciplinary actions that may be taken in relation to driver accreditation

55YProcedure for taking disciplinary action

55ZSafe Transport Victoria may extend time for making submissions in relation to disciplinary notices

55ZADecision on taking disciplinary action

55ZBMandatory cancellation of driver accreditations in certain cases

55ZCImmediate suspension of driver accreditation at the discretion of Safe Transport Victoria

55ZDMandatory immediate suspension of driver accreditation

55ZEMandatory suspension of driver accreditation if driver licence suspended or cancelled

55ZFReinstatement of driver accreditation following reinstatement of driver licence

55ZGPerson whose driver licence or probationary licence is suspended or cancelled must notify Safe Transport Victoria

55ZHEffect of suspension of driver accreditation

55ZIReinstatement of driver accreditation

Part 5—Alcohol and drug management policy

56Alcohol and drug management policy

57Form and content of alcohol and drug management policy

Part 6—Review of decisions

Division 1—Review by VCAT of decisions relating to accredited bus operators

58Review by VCAT

Division 2—Review of decisions relating to accredited drivers

58AReviewable decisions under Part 4A

Division 3—Internal review of Part 4A decisions

58BApplication for internal review

58CSafe Transport Victoria may stay operation of decision subject to application for internal review

58DDetermination of application for internal review

Division 4—VCAT review of Part 4A decisions

58EReview of Safe Transport Victoria decisions by VCAT

Division 5—VCAT orders in relation to category 1 offenders

58FVCAT orders in relation to category 1 offenders

Part 7—Codes of practice

59Codes of practice

60Revisions to approved codes of practice

61Revocation of approvals of codes of practice

62Availability of approved codes of practice

63Minister must consult before approving code of practice or revision to code of practice

64Effect of approved code of practice

Part 8—General

Division 1AA—Monitoring, compliance and enforcement policy

64ASafe Transport Victoria to develop monitoring, compliance and enforcement policy

64BSafe Transport Victoria must consult when developing or reviewing policy

64CContent of policy

64DSafe Transport Victoria must coordinate and support implementation of policy

64ECertain persons to have regard to policy

Division 1—General

65Notification of incidents

66Offence to provide false or misleading information

67Safe Transport Victoria may set accreditation fees

67ARegulatory exemptions

68Imputing conduct to bodies corporate

69Criminal liability of officers of bodies corporate—failure to exercise due diligence

69ALiability of officers of partnerships and unincorporated bodies or associations

70Effect of compliance with regulations or approved codes of practice

71Tabling and disallowance of approved codes of practice

71ARegulatory fees

Division 2—Regulations

72General

73Bus services and bus safety work

74Safety duties

75Inspections and safety audits

76Accreditation

76AHazardous areas

77Fees

Division 3—Transitional provisions for operators who must be registered or accredited

78ADefinition

78BTransitional provision for existing bus operators requiring registration from commencement day

78CTransitional provision for bus operators no longer required to be accredited from commencement day

78DTransitional provision for drivers of commercial passenger vehicles

Division 4—Transitional provisions—Transport Legislation Miscellaneous Amendments Act 2021

79Definitions

80General transitional provision

81Registered bus operators

82Accredited bus operators

83Inspection requirements

84Re-enacted provisions

Schedule 1—Categorised offences

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 037

Bus Safety Act 2009

No. 13 of 2009

Version incorporating amendments as at

11 September 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to—

(a)provide for the safe operation of bus services in Victoria;

(b)make related amendments to the Public Transport Competition Act 1995, the Rail Safety Act 2006, the Road Safety Act 1986, the Transport (Compliance and Miscellaneous) Act 1983 and certain other Acts;

(c)change the title of the Public Transport Competition Act 1995 to the Bus Services Act 1995.

2Commencement

(1)This section and sections 1 and 80 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision of this Act does not come into operation before 31 December 2010, it comes into operation on that day.

3Definitions

(1)In this Act—

accreditation fee means the fee to be paid in respect of an application for accreditation under Part 4 or any annual accreditation fee—

(a)set by Safe Transport Victoria under section 67; or

(b)if a fee has not been set by Safe Transport Victoria, the prescribed fee;

accredited bus operator means a bus operator accredited under Part 4;

accredited driver means a person who holds a driver accreditation;

*                *                *                *                *

*                *                *                *                *

Australian Design Rules means the Australian Design Rules for Motor Vehicles and Trailers, endorsed by the Australian Transport Advisory Council and published pursuant to section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth;

body corporate has the same meaning as corporation has in section 57A of the Corporations Act;

bus means—

(a)a motor vehicle that has been built—

(i)with seating positions for 10 or more adults (including the driver); and

(ii)to comply with the requirements specified in the Australian Design Rules for a passenger omnibus (within the meaning of those Rules);

(b)a motor vehicle prescribed to be a bus;

(c)a motor vehicle which Safe Transport Victoria has declared to be a bus under section 7(1)—

but does not include—

*                *                *                *                *

(e)a motor vehicle prescribed not to be a bus;

(f)a motor vehicle which Safe Transport Victoria has declared not to be a bus;

(g)a vehicle known as a Hummer;

Examples

1     A passenger car modified to have more than 9 seats (for example, a stretch limousine) is not a bus.

2     A motor vehicle that is built as a bus but which has had seats removed so that it seats less than 10 adults is still a bus.

3     A motor vehicle built overseas as a bus is a bus unless it is a motor vehicle built to be a Hummer.

bus premises has the same meaning as it has in the Transport (Safety Schemes Compliance and Enforcement) Act 2014;

bus safety law means—

(a)this Act or the regulations; or

(b)a provision of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 that applies in relation to buses or bus premises;

bus safety work means an activity that may affect the safety of bus services including—

(a)driving a bus or activities associated with driving a bus;

(b)designing, constructing, supplying, repairing, modifying, maintaining, monitoring, examining or testing a bus;

(c)designing, constructing, supplying, installing, repairing, modifying, maintaining, monitoring, examining or testing equipment in or on a bus;

(d)setting or altering a schedule or timetable for a bus service;

(e)a prescribed activity;

bus safety worker means a person who has carried out, is carrying out or is about to carry out, bus safety work including a person who is—

(a)employed or engaged by a bus operator to carry out bus safety work;

(b)engaged by any other person to carry out bus safety work;

(c)a trainee;

(d)a volunteer;

bus service means the operation of one or more buses to provide a service for the transport of passengers by road;

bus stop infrastructure has the same meaning as it has in section 48H of the Road Management Act 2004;

bus stopping point has the same meaning as it has in section 48H of the Road Management Act 2004;

category 1 offence means an offence listed in Part 1 of Schedule 1;

category 2 offence means an offence listed in Part 2 of Schedule 1;

category 3 offence means an offence listed in Part 3 of Schedule 1;

commercial bus service means—

(a)a route bus service, if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service;

(b)a demand responsive bus service, if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service;

(c)a tour and charter bus service, if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service;

(d)a courtesy bus service (other than a non-commercial courtesy bus service), if that bus service operates a bus built with seating positions for 13 or more adults (including the driver) to provide that service;

(e)a bus service which is a prescribed class of commercial bus service;

(f)a bus service which is declared by Safe Transport Victoria to be a commercial bus service—

but does not include—

(g)a bus service in a class of bus service which is prescribed not to be a class of commercial bus service;

(h)a bus service which is declared by Safe Transport Victoria not to be a commercial bus service;

commercial minibus service means—

(a)a route service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service;

(b)a demand responsive bus service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service;

(c)a tour and charter bus service, if that bus service operates a bus built with seating for 10, 11 or 12 adults (including the driver) to provide that service;

community and private bus service means a service—

(a)consisting of the carriage of passengers by a bus for or in connection with the activities of a religious, educational, health, welfare, philanthropic, sporting or social body; and

(b)which is provided for no consideration or for consideration which is limited to the costs or part of the costs incurred in making the journey;

co-operative has the same meaning as in the Co‑operatives National Law (Victoria);

corresponding Bus Safety Regulator means—

(a)the person who, or body that, has functions or powers under a corresponding law that substantially correspond to the functions and powers of Safe Transport Victoria under this Act; or

(b)a person prescribed by the regulations as the corresponding Bus Safety Regulator for another State or Territory of the Commonwealth for the purposes of this Act;

corresponding law means—

(a)the law of another State or a Territory of the Commonwealth corresponding, or substantially corresponding, to this Act; or

(b)a law of another State or Territory of the Commonwealth that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act;

courtesy bus service means a service consisting of the carriage of passengers by a bus for any consideration or in the course of any trade or business;

demand responsive bus service means a service consisting of the carriage of passengers by a bus for hire or reward within a specified area on a regular basis along a route which varies in accordance with the demand of prospective passengers and for which passengers are each charged a separate fare;

Department means the Department of Transport and Planning;

disqualifying offence means a category 1 offence, a category 2 offence or a category 3 offence;

drive, in relation to a motor vehicle, includes being in control of a vehicle;

driver accreditation means an accreditation under Part 4A and in Division 6 of Part 4A includes an accreditation under Part 5 of the Commercial Passenger Vehicle Industry Act 2017;

drug means a substance that is a drug for the purposes of this Act by virtue of a declaration under section 8 or any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;

highway has the same meaning as it has in the Road Safety Act 1986;

hire and drive bus service means a service consisting of the provision of a bus for hiring (otherwise than under a hire-purchase agreement within the meaning of the Australian Consumer Law and Fair Trading Act 2012) by a person for a certain period for valuable consideration on the condition that it will be driven during that period by the hirer or another person on behalf of the hirer;

incorporated association has the same meaning as in the Associations Incorporation Act 1981;

local bus service means a service consisting of the carriage of passengers by a bus built with seating positions for 13 or more adults (including the driver) and that—

(a)is operated on a regular basis or subject to demand; and

(b)is available for use by the general public; and

(c)is not operated for hire or reward;

motor vehicle means a motor vehicle within the meaning of the Road Safety Act 1986 and includes a trailer attached to the motor vehicle;

non-commercial courtesy bus service means a bus service declared by Safe Transport Victoria under section 7(1)(c) to be a non-commercial courtesy bus service;

officerin relation to a body corporate (other than an incorporated association) means—

(a)a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or

(b)a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate;

*                *                *                *                *

*                *                *                *                *

officer, in relation to a co-operative, means—

(a)a director or secretary of the co‑operative; or

(b)a person who is concerned, or takes part, in the management of the co‑operative, whether or not as a director;

officer, in relation to an incorporated association means—

(a)the secretary (within the meaning of the Associations Incorporation Reform Act 2012) of the incorporated association; or

(b)a member of the committee (within the meaning of the Associations Incorporation Reform Act 2012) of the incorporated association; or

(c)a person who is concerned, or takes part, in the management of the incorporated association;

operator, in relation to a bus service, means the person who is responsible for controlling or directing the operations of a bus service in connection with a business or activity for, or involving, the transport of passengers by road by that bus service, but does not include a person who merely—

(a)arranges for the registration of a bus; or

(b)maintains or arranges for the maintenance of a bus;

person includes a body corporate, unincorporated body or association and a partnership;

prescribed means prescribed by the regulations;

probationary driver licence has the same meaning as it has in section 3(1) of the Road SafetyAct 1986;

procurer means a person who charters a bus service or otherwise engages with an operator for the purposes of using the bus service, whether or not the provision of the bus service is on a commercial basis;

*                *                *                *                *

regulations means regulations made under this Act;

relevant person, in relation to an applicant for accreditation to operate a bus service or an accredited bus operator, means—

(a)if the applicant or accredited bus operator is a natural person, the applicant or operator; or

(b)if the applicant or accredited bus operator is a partnership, a partner who is concerned, or takes part, in the management of the activities to which the application or accreditation relates; or

(c)if the applicant or accredited bus operator is an unincorporated body or association other than a partnership, a member of the committee of management of the body or association who is concerned, or takes part, in the management of the activities to which the application or accreditation relates; or

(d)if the applicant or accredited bus operator is a company, a co-operative or an incorporated association, an officer of the company, co-operative or incorporated association; or

(e)if the applicant or accredited bus operator is a body corporate other than a company, co-operative or incorporated association, an officer of the body who is concerned, or takes part, in the management of the activities to which the application or accreditation relates;

responsible person, in relation to an applicant for accreditation or an accredited bus operator, means—

(a)if the applicant or accredited bus operator is an individual, the applicant or accredited bus operator; or

(b)in any other case, a relevant person nominated by the applicant or accredited bus operator as the responsible person;

route bus service means a bus service consisting of the carriage of passengers by a bus for hire or reward operated along a fixed route on a regular basis;

Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

*                *                *                *                *

Secretary means the Secretary to the Department;

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

tour and charter bus service means—

(a)a bus service operated for the carriage of tourists by a bus for hire or reward to a common destination; or

(b)a bus service operated for the carriage of a group of persons by bus for hire or reward by being previously booked or ordered by that group or by another person on behalf of that group and in respect of which the members of that group are not each charged a separate fare;

transport safety officer has the same meaning as it has in the Transport (Safety Schemes Compliance and Enforcement) Act 2014;

volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses).

(2)For the purposes of the definition of route bus service in subsection (1)—

(a)a route is a fixed route even if—

(i)a stop on the route is not used on every journey, or ceases to be used altogether; or

(ii)different routes are used on different journeys of the bus service to get from one stop on the route to another stop on the route;

(b)a bus service operates on a regular basis even if—

(i)it only operates on any particular occasion if there is a sufficient level of demand for it; or

(ii)it requires a person using it to book or reserve a place before using it.

(3)A reference to a person who has been found guilty of an offence is a reference to a person—

(a)against whom a court has made a formal finding that the person is guilty of the offence that has not been subsequently quashed or set aside by a court; or

(b)from whom a court has accepted a plea that the person is guilty of the offence that has not been subsequently quashed or set aside by a court; or

(c)from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that the person has committed the offence, or from whom a similar admission has been accepted under a provision of a law of a jurisdiction other than Victoria that substantially corresponds to that section, that has not been subsequently quashed or set aside by a court; or

(d)in relation to whom any of the following infringement notices has taken effect as a conviction for the offence specified in the notice—

(i)an infringement notice to which section 61A(2) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 applies;

(ii)a traffic infringement notice to which section 89A(2) of the Road Safety Act 1986 applies; or

(e)against whom a finding has been made under—

(i)section 17(1)(b) or 38X(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the person was not guilty of the offence because of mental impairment; or

(ii)section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that the person committed the offence or an offence available as an alternative; or

(iii)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 of not guilty because of mental impairment; or

(f)against whom a finding similar to a finding referred to in paragraph (e) has been made under a provision of a law of a jurisdiction other than Victoria that substantially corresponds to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or to a provision of that Act referred to in paragraph (e).

(4)A reference to a person who has been charged with an offence is a reference to a person—

(a)against whom an indictment has been filed for the offence; or

(b)against whom a charge-sheet charging the offence has been filed, whether or not—

(i)a summons to answer the charge; or

(ii)a warrant to arrest the person—

has been issued or served.

(5)A reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally disposed of by—

(a)being withdrawn or by the discontinuance of the prosecution; or

(b)the charge having been dismissed by a court; or

(c)the person charged having been discharged by a court following a committal hearing; or

(d)the person charged having been acquitted or found guilty of the offence by a court; or

(e)any other prescribed means.

3ATransport Integration Act 2010

This Act is transport legislation within the meaning of the Transport Integration Act 2010.

4Objects of bus safety

(1)The objects of this Act are to promote—

(a)the safety of bus services;

(b)the effective management of safety risks in bus services;

(c)continuous improvement in bus safety management;

(d)public confidence in the safety of the transport of passengers by bus;

(e)the involvement of relevant stakeholders in bus safety;

(f)a safety culture among persons who participate in the provision of bus services.

(2)The Parliament does not intend by Part 2 to create in any person any legal right or give rise to any civil cause of action.

5Crown to be bound

(1)This Act binds the Crown—

(a)in right of the State of Victoria;

(b)to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.

(2)To avoid doubt, the Crown is a body corporate for the purposes of this Act or the regulations.

6Interaction with Occupational Health and Safety Act

(1)If a provision of the Occupational Health and Safety Act 2004 or the regulations made under that Act applies to an activity in respect of which a duty is imposed under Division 2 of Part 3, that provision continues to apply, and must be observed in addition to that Division and any regulations made under this Act for the purposes of that Division.

Note

See also section 51 of the Interpretation of Legislation Act 1984.

(2)If a provision of this Act or the regulations made under this Act is inconsistent with a provision of the Occupational Health and Safety Act 2004 or the regulations made under that Act, the Occupational Health and Safety Act 2004 or the regulations made under it prevail to the extent of the inconsistency.

(3)Compliance with this Act or the regulations made under this Act, or with any requirements imposed under this Act or the regulations, is not in itself a defence in any proceedings for an offence against the Occupational Health and Safety Act 2004 or the regulations made under that Act.

(4)Evidence of a relevant contravention of this Act or the regulations made under this Act is admissible in any proceedings for an offence against the Occupational Health and Safety Act 2004 or the regulations made under that Act.

7Declaration powers of Safe Transport Victoria

(1)Subject to subsection (2) , Safe Transport Victoria may declare by notice published in the Government Gazette that—

(a)a motor vehicle or class of motor vehicle that is a bus specified in paragraph (a) of the definition of bus in section 3(1) is not a motor vehicle or class of motor vehicle that is a bus within the meaning of that definition;

(b)a motor vehicle or class of motor vehicle that is not a bus specified in paragraph (a) of the definition of bus in section 3(1) is to be a motor vehicle or class of motor vehicle that is a bus within the meaning of that definition;

(c)a courtesy bus service within the meaning of the definition of courtesy bus service in section 3(1) is to be a non-commercial courtesy bus service for the purposes of section 3(1) if Safe Transport Victoria is satisfied that the operator of the service does not derive any profit from the provision of the service;

(d)a bus service that is not defined to be a commercial bus service, a community and private bus service, a courtesy bus service, a hire and drive bus service or a local bus service within the meaning of section 3(1), is a—

(i)commercial bus service; or

(ii)community and private bus service; or

(iii)courtesy bus service; or

(iv)hire and drive bus service; or

(v)local bus service—

within the meaning of that definition (as appropriate);

(e)a bus service that is defined to be a commercial bus service, a community and private bus service, a courtesy bus service, a hire and drive bus service or a local bus service within the meaning of section 3(1) is not a—

(i)commercial bus service; or

(ii)community and private bus service; or

(iii)courtesy bus service; or

(iv)hire and drive bus service; or

(v)local bus service—

within the meaning of that definition (as appropriate) despite the bus service meeting the specifications in that definition.

(2)If Safe Transport Victoria intends to make a declaration under subsection (1), Safe Transport Victoria must—

(a)advise operators and sectors of the industry that will be affected by the declaration, if declared, of the proposed declaration; and

(b)provide those operators and sectors with an opportunity to make a submission in relation to the proposed declaration.

(3)Safe Transport Victoria must have regard to any submissions received under subsection (2) before making the declaration.

8Declaration of substances to be a drug

The Minister, by Order published in the Government Gazette, may declare any substance to be a drug for the purposes of Part 5.

PART 2—PRINCIPLES OF BUS SAFETY

9Principle of shared responsibility

(1)The safe operation of bus services is the shared responsibility of—

(a)the operator; and

(b)bus safety workers; and

(c)procurers; and

(d)persons who determine the location of bus stopping points, or who design, construct, install, modify or maintain a bus stopping point or bus stop infrastructure; and

(e)Safe Transport Victoria; and

(f)members of the public.

(2)The level and nature of responsibility that a person referred to in subsection (1), or a person within a class of persons referred to in subsection (1), has for bus safety is dependent on—

(a)the nature of the risk to bus safety that the person creates from the carrying out of an activity or the making of a decision; and

(b)the capacity that that person has to control, eliminate or mitigate that risk or any other risk to bus safety.

10Principle of accountability for managing safety risks

Managing risks associated with the provision of bus services is the responsibility of the person best able to control the risk.

11Principle of enforcement

Enforcement of this Act and the regulations should be undertaken for the purpose of—

(a)protecting public safety;

(b)promoting improvement in bus safety;

(c)removing any incentive for unfair commercial advantage that might be derived from contravening the bus safety requirements under this Act or the regulations;

(d)influencing the attitude and behaviour of persons whose actions may have adverse impacts on bus safety.

12Principle of transparency and consistency

Bus regulatory decision-making processes should be timely, transparent and nationally consistent.

13Principle of participation, consultation and involvement of all affected persons

The persons and classes of persons referred to in sections 9(1)(a), 9(1)(b), 9(1)(c) and 9(1)(d) should—

(a)participate in or be able to participate in; and

(b)be consulted on; and

(c)be involved in—

the formulation and implementation of measures to manage risks to safety associated with the provision of bus services.

PART 3—BUS SAFETY DUTIES

Division 1—The concept of ensuring safety

14The concept of ensuring safety

(1)To avoid doubt, a duty imposed on a person under this Act or the regulations to ensure, so far as is reasonably practicable, safety requires the person to—

(a)eliminate risks to safety so far as is reasonably practicable; and

(b)if it is not reasonably practicable to eliminate risks to safety, to reduce those risks so far as is reasonably practicable.

(2)To avoid doubt, for the purposes of this Act or the regulations, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring safety—

(a)the likelihood of the hazard or risk concerned eventuating;

(b)the degree of harm that would result if the hazard or risk eventuated;

(c)what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk;

(d)the availability and suitability of ways to eliminate or reduce the hazard or risk;

(e)the cost of eliminating or reducing the hazard or risk.

Division 2—Safety duties

15Duty of operator

(1)An operator of a bus service must, so far as is reasonably practicable, ensure the safety of the bus service.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

16Duty of procurer

(1)A procurer of a bus service must, so far as is reasonably practicable, ensure the safety of the bus service.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)Without limiting subsection (1), a procurer of a bus service contravenes that subsection if the bus service is procured on terms that impose conditions or obligations which prevent or threaten, or are reasonably likely to prevent or threaten, the safe operation of the bus service.

(3)A person is not a procurer of a bus service only because the person provides funding to the operator of the bus service.

(4)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

17Duty of bus safety worker

(1)A bus safety worker must take reasonable measures to ensure the safety of persons who may be affected by the acts or omissions of the bus safety worker.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

18Duties in relation to bus stopping points and bus stop infrastructure

(1)A person who determines the location of, designs, constructs, installs, modifies or maintains a bus stopping point or any bus stop infrastructure, or who engages a person to do any of those things, must ensure, so far as is reasonably practicable, that the location, design, construction or condition of the bus stopping point or bus stop infrastructure is safe.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

Division 3—Bus inspections and safety audits

19Bus safety inspections

(1)An accredited bus operator must ensure that each bus used to provide a bus service undergoes a safety inspection in accordance with the regulations—

(a)annually; or

(b)at prescribed intervals.

Penalty:In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

(1A)If a bus is required under subsection (1) to undergo an annual bus safety inspection, each annual inspection must be conducted not earlier than 14 days before, and not later than 14 days after, the anniversary of the date on which the first inspection is conducted.

(1B)For the purposes of subsection (1A), the first inspection of the bus is the first inspection following the accreditation of the bus operator or, if the bus is acquired after that accreditation, the first inspection following its acquisition.

*                *                *                *                *

(3)An accredited bus operator must arrange a safety inspection of each bus used to provide the bus service operated by the operator if Safe Transport Victoria directs that a safety inspection be conducted in respect of the bus service operated by the operator.

Penalty:In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

20Safety audits

Safe Transport Victoria may conduct, or cause to be conducted, a safety audit, to determine whether or not the requirements of this Act and the regulations are satisfactorily complied with.

PART 4—ACCREDITATION OF OPERATORS OF BUS SERVICES

Division 1—Preliminary

21Purpose of accreditation

The purpose of accreditation under this Part is to—

(a)provide a method of establishing the identity of—

(i)the operators of bus services; and

(ii)the persons responsible for managing activities relating to the operation of bus services by those operators; and

(b)enable bus service operators to be regulated for reasons of public safety; and

(c)ensure that bus service operators meet prescribed safety standards.

Division 2—Bus operator accreditation

22Offence if operator of bus service is not accredited

An operator of a bus service must not operate the bus service unless the operator—

(a)is accredited under this Part to provide that service; or

(b)holds an exemption granted under Division 7; or

(c)is exempted by the regulations from the requirement to be accredited under this Part.

Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.

23Application for accreditation

(1)An operator of a bus service may apply to Safe Transport Victoria for accreditation to operate that bus service.

(2)An application under subsection (1) must—

(a)be made in the manner and form determined by Safe Transport Victoria; and

(b)be accompanied by—

(i)the application fee; and

(ii)evidence, as required by the regulations, that each relevant person in relation to the applicant satisfies the requirements for accreditation; and

(iii)any other thing that is required by the regulations; and

(c)in the case of an application by a person that is not a natural person, nominate a relevant person as the responsible person in relation to the applicant.

(3)Safe Transport Victoria may require any one or more of the following from the applicant in relation to the application—

(a)to do a thing specified by Safe Transport Victoria that Safe Transport Victoria reasonably requires in order to assess the application;

(b)to verify, by a statutory declaration, any statement made or information supplied for the purposes of the application;

(c)to give further information for the purposes of the application.

(4)The application, and any further information given by the applicant under subsection (3), must be—

(a)signed in accordance with subsection (5); and

(b)declared by each signatory to be true and correct.

(5)The application must be signed—

(a)if the applicant is a body corporate—

(i)being a company within the meaning of the Corporations Act, in accordance with section 127 of that Act; or

(ii)in any other case, by each director, or each member of the committee of management, of the body corporate; or

(b)if the applicant is an unincorporated association or body, by each member of the committee of management of the association or body; or

(c)if the applicant is a partnership, by each partner; or

(d)if the applicant is a natural person, by that person.

(6)In addition, each signatory referred to in subsection (5) must declare that they are not a person who, under Part 2D.6 of the Corporations Act, is disqualified from managing corporations.

(7)In the case of an application by a person that is not a natural person, Safe Transport Victoria is entitled to communicate with the relevant person nominated by the applicant under subsection (2)(c).

24Decision on application for accreditation

(1)Safe Transport Victoria must accredit an applicant if satisfied that—

(a)the applicant is a fit and proper person to be accredited; and

(b)the applicant has, and will continue to have, the competence and capacity to operate a bus service safely; and

(c)all requirements in relation to the application and applicant under this Part have been complied with.

(2)For the purposes of subsection (1), Safe Transport Victoria must have regard to whether the applicant meets or satisfies the prescribed requirements (if any).

(3)For the purposes of subsections (1) and (2), if the applicant is not a natural person, the responsible person in relation to the applicant must demonstrate that they are a fit and proper person and have the competence and capacity specified in those subsections.

25Accreditation to be refused in certain circumstances

Safe Transport Victoria must refuse to accredit an applicant if—

(a)Safe Transport Victoria is not satisfied the applicant has met the matters set out in section 24(1)(a), (b) or (c); or

(b)the applicant has previously been accredited to operate a bus service but the accreditation was cancelled and the applicant is disqualified from obtaining accreditation in accordance with section 27 or 46.

26Accreditation may be refused in certain circumstances

Safe Transport Victoria may refuse to accredit an applicant if Safe Transport Victoria believes on reasonable grounds that the applicant has contravened a condition of the accreditation held, or previously held, by the applicant to operate a bus service.

27Disqualification from ability to apply for accreditation

(1)If Safe Transport Victoria has refused an application for accreditation, Safe Transport Victoria may determine that the applicant is disqualified from applying for accreditation for the period determined by Safe Transport Victoria.

(2)The period determined by Safe Transport Victoria under subsection (1) must not exceed 5 years.

28Notification and reasons to be given if accreditation refused

(1)If Safe Transport Victoria decides to refuse to accredit an applicant, Safe Transport Victoria must—

(a)notify the applicant—

(i)of that refusal; and

(ii)if Safe Transport Victoria has made a determination under section 27, of the disqualification; and

(iii)that the applicant has a right to seek review of Safe Transport Victoria's decision under Part 6; and

(b)give the applicant a statement of reasons for the refusal, and if section 27 applies, for the disqualification.

(2)A notification under subsection (1)(a) and a statement of reasons under subsection (1)(b) must be—

(a)in writing; and

(b)given to the applicant as soon as practicable after Safe Transport Victoria makes the decision.

Division 3—Provisions relating to accreditation

29Classes of accreditation

Safe Transport Victoria may determine different classes of accreditation which are to apply in respect of different types of bus services.

30Issue of certificate of accreditation

(1)If Safe Transport Victoria grants an application for accreditation under this Part, Safe Transport Victoria must allocate an accreditation number to the accredited bus operator and issue a certificate of accreditation to the accredited bus operator which—

(a)is in the form approved by Safe Transport Victoria; and

(b)specifies the following—

(i)the accreditation number allocated to the accredited bus operator;

(ii)the name and contact details of the accredited bus operator;

(iii)the name and contact details of the responsible person;

(iv)the class of accreditation;

(v)any conditions to which the accreditation is subject;

(vi)any additional information that Safe Transport Victoria considers appropriate.

(2)Safe Transport Victoria may, on the application of an accredited bus operator accompanied by any reasonable fee determined by Safe Transport Victoria, issue a replacement certificate of accreditation if Safe Transport Victoria is satisfied, whether on the production of a statutory declaration or otherwise, that the certificate last issued to the accredited bus operator has been lost, stolen or destroyed.

(3)An accredited bus operator who has made an application under subsection (2) on the ground that a certificate has been lost or stolen and who subsequently recovers the lost or stolen certificate must, within 14 days after the day on which the certificate is recovered—

(a)notify Safe Transport Victoria of the recovery; and

(b)return the recovered certificate to Safe Transport Victoria unless informed by Safe Transport Victoria that it is not necessary to do so.

Penalty:In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

31Conditions on accreditation

(1)An accreditation granted to the operator of a bus service under this Part is subject to—

(a)the conditions specified in subsection (2);

(b)any prescribed conditions;

(c)any other conditions imposed by Safe Transport Victoria.

(2)An accreditation granted under this Part is subject to the following conditions—

(a)an accredited bus operator must use buses that—

(i)comply with the vehicle standards applicable to buses under the Road Safety Act 1986; and

(ii)comply with prescribed requirements;

(b)an accredited bus operator must—

(i)keep the certificate of accreditation given to the operator under section 30; and

(ii)produce that certificate if Safe Transport Victoria requests that the certificate be produced; and

(iii)if the operator ceases to operate the bus service, return the certificate of accreditation to Safe Transport Victoria;

(c)an accredited bus operator must notify Safe Transport Victoria if—

(i)the nature of the bus service changes; and

(ii)the details specified in the application for accreditation change; and

(iii)the operator of the bus service ceases to operate the bus service;

(d)a person must not be permitted to drive a bus for a commercial bus service or local bus service unless that person holds a driver accreditation under Part 4A;

(e)any conditions imposed by Safe Transport Victoria under section 36 regarding permission to use drivers who hold a probationary driver licence to drive a bus for an accredited bus service.

(3)Safe Transport Victoria may, if Safe Transport Victoria considers it necessary or desirable to ensure safety, impose conditions on accreditation that are—

(a)general conditions declared by Safe Transport Victoria; or

(b)applicable to the operation of certain classes of bus services; or

(c)imposed on a case by case basis.

(4)If Safe Transport Victoria intends to impose general conditions of accreditation under subsection (3)(a) or (3)(b), Safe Transport Victoria must—

(a)advise operators and sectors of the industry that will be affected by the conditions, if declared, of the proposed conditions; and

(b)provide those operators and sectors with an opportunity to make a submission in relation to the proposed conditions.

(5)Safe Transport Victoria must have regard to any submissions received under subsection (4) before declaring the general conditions.

(6)Safe Transport Victoria must publish any general conditions declared under subsection (3)(a) or (3)(b) in the Government Gazette.

(7)If Safe Transport Victoria imposes conditions on the accreditation under subsection (3)(c), Safe Transport Victoria must give the accredited bus operator written notice of that decision.

(8)A notice under subsection (7) must inform the accredited bus operator that they have a right to seek review of the decision under Part 6.

32Offence to fail to comply with conditions of accreditation

An accredited bus operator must comply with—

(a)any condition imposed on the accreditation; and

(b)any condition to which that accreditation is subject.

Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.

33Time within which Safe Transport Victoria must make decision whether to accredit operator

(1)Subject to this section, Safe Transport Victoria must decide whether to accredit the operator of a bus service within 3 months after receiving an application from the operator.

(2)Safe Transport Victoria may, before the expiry of the period specified in subsection (1), decide to extend the period within which to make the decision whether to accredit the operator.

(3)If Safe Transport Victoria decides to extend the period under subsection (2), Safe Transport Victoria must give the operator written notice of that decision and the new period within which Safe Transport Victoria intends to make the decision.

34Accreditation lasts until cancelled or surrendered

An accreditation remains in effect until it is cancelled or surrendered.

35Accreditation cannot be transferred

(1)An accreditation—

(a)is personal to the accredited bus operator; and

(b)is not capable of being transferred or assigned to any other person or otherwise dealt with by the accredited bus operator; and

(c)does not vest by operation of law in any other person.

(2)A purported transfer, assignment or lease of an accreditation and any other purported dealing with an accreditation by the accredited bus operator who holds it is of no effect.

(3)This section has effect despite anything in any Act (other than the Charter of Human Rights and Responsibilities) or rule of law to the contrary.

36Requirements relating to drivers who hold probationary driver licences

(1)If Safe Transport Victoria accredits an operator to operate a bus service and is satisfied that the bus service can be safely operated with drivers who hold a probationary driver licence, Safe Transport Victoria may permit the operator to use such drivers subject to any conditions reasonably imposed by Safe Transport Victoria.

(2)A permission given under subsection (1) and any conditions to which that permission is subject must be specified on the certificate of accreditation issued to the operator of the bus service under section 30.

36AAnnual accreditation fee

(1)An accredited bus operator must pay to Safe Transport Victoria an annual accreditation fee by the date specified by written notice given to the operator by Safe Transport Victoria.

(2)The date specified in a notice under subsection (1) must not be less than 10 business days after the date the notice is given to the accredited bus operator.

(3)Safe Transport Victoria may suspend or cancel the accreditation of an accredited bus operator if the operator fails to pay an annual accreditation fee by the date specified by Safe Transport Victoria.

36BOffence for driver to provide bus service without appropriate driver licence

(1)An accredited bus operator that is accredited in respect of a bus service that is not a commercial bus service or local bus service must ensure that a person driving a motor vehicle that is a bus for that bus service holds an appropriate driver licence for the category of motor vehicle that person is driving for the accredited bus operator.

Penalty:60 penalty units.

(2)In subsection (1)—

appropriate driver licence, for a category of motor vehicle, means—

(a)if the accredited bus operator has been given permission under section 36 to use drivers who hold a probationary driver licence to operate a bus service—

(i)a full driver licence for that category of motor vehicle; or

(ii)a probationary driver licence for that category of motor vehicle; or

(iii)a driver licence issued in another jurisdiction that is equivalent to a licence specified in subparagraph (i) or (ii);

(b)in any other case—

(i)a full driver licence for that category of motor vehicle; or

(ii)a driver licence issued in another jurisdiction that is equivalent to the licence specified in subparagraph (i);

full driver licence has the same meaning as it has in the Road Safety Act 1986.

Division 4—Variation and surrender of accreditation

37Accredited bus operator may apply for variation

(1)An accredited bus operator may apply to Safe Transport Victoria to—

(a)vary any of the following—

(i)a condition of an accreditation;

(ii)the class of bus service for which the operator is accredited to operate;

(iii)the scope of the accreditation by adding a bus service or class of bus service to the accreditation;

(b)revoke a condition of an accreditation.

(2)An application under subsection (1) must—

(a)be in the form approved by Safe Transport Victoria; and

(b)set out the reasons for the variation or revocation of the condition.

(3)Safe Transport Victoria must consider an application received under this section within 3 months of receiving the application.

(4)Safe Transport Victoria may, as the case requires—

(a)grant or refuse to grant the variation; or

(b)agree or refuse to agree to the revocation; or

(c)make any variation to the accreditation that Safe Transport Victoria considers appropriate.

(5)If Safe Transport Victoria refuses to grant a variation or refuses to agree to a revocation, Safe Transport Victoria must—

(a)notify the accredited bus operator—

(i)of that refusal; and

(ii)that the accredited bus operator has a right to seek review of Safe Transport Victoria's decision under Part 6; and

(b)give the accredited bus operator a statement of reasons for the refusal.

(6)A notification under subsection (5)(a) and a statement of reasons under subsection (5)(b) must be—

(a)in writing; and

(b)given to the accredited bus operator as soon as practicable after Safe Transport Victoria makes the decision to refuse to grant the variation or to agree to the revocation (as the case requires).

38Accredited bus operator to notify of relevant changes in circumstances

(1)If a relevant change in circumstances occurs with respect to an accreditation or an accredited bus operator, the accredited bus operator must notify Safe Transport Victoria of the change in writing within 7 days after becoming aware of the change.

Penalty:In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

(2)For the purposes of subsection (1), a relevant change in circumstances is a change in circumstances—

(a)that has resulted or will result in any particular set out in the application for the accreditation or in any document that accompanied that application or was supplied in connection with it becoming inaccurate or inapplicable; or

(b)that has resulted or will result in any particular set out in the certificate of accreditation becoming inaccurate or inapplicable; or

(c)with respect to the manner of operating the bus service that has resulted or will or may result in the accredited bus operator not being able to comply with a requirement under this Act; or

(d)that has resulted or will or may result in a ground for refusal of accreditation referred to in section 25 or 26 becoming applicable to the accredited bus operator; or

(e)with respect to the number of buses or bus services being operated by the accredited bus operator.

(3)If the relevant change in circumstances has resulted or will result in any particular set out in the certificate of accreditation becoming inaccurate or inapplicable, the accredited bus operator must surrender the certificate to Safe Transport Victoria when the accredited operator notifies Safe Transport Victoria of the change under subsection (1).

Penalty:In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

(4)If a certificate of accreditation is surrendered to Safe Transport Victoria in accordance with subsection (3), Safe Transport Victoria may amend the certificate or issue a replacement certificate.

(5)Safe Transport Victoria may require a relevant person to provide any other information or comply with any other requirement (including a criminal records check) that Safe Transport Victoria reasonably requires to decide whether or not, because of a relevant change of circumstances, the accredited bus operator is a suitable person to continue to being accredited.

(6)A person must not fail to comply with a requirement under subsection (5).

Penalty:20 penalty units.

39Variation of accreditation on Safe Transport Victoria's own initiative

(1)Safe Transport Victoria may at any time on Safe Transport Victoria's own initiative—

(a)vary or revoke a condition imposed by Safe Transport Victoria on an accreditation; or

(b)impose a new condition on an accreditation; or

(c)vary the class of an accreditation; or

(d)vary the scope of an accreditation by adding a bus service or class of bus service to the accreditation.

(2)Before taking action under subsection (1), Safe Transport Victoria must—

(a)give the accredited bus operator written notice of the action that Safe Transport Victoria proposes to take and of the reasons for taking it; and

(b)allow the accredited bus operator to make written representations about the proposed action within 10 business days (or any other period that Safe Transport Victoria and the accredited bus operator agree).

(3)Subsection (2) does not apply if Safe Transport Victoria considers it necessary to take immediate action under subsection (1) in the interests of public safety.

(4)Safe Transport Victoria must give the accredited bus operator written notice of the action taken under subsection (1) as soon as practicable after taking the action.

(5)A notice under subsection (4) must—

(a)include a statement of reasons for the action taken; and

(b)include details of any change to the conditions of the accreditation that are required as a result of any amendment to the regulations (if applicable); and

(c)inform the accredited bus operator that they have a right to seek review of Safe Transport Victoria's decision under Part 6.

40Surrender of accreditation

(1)An accredited bus operator may apply in writing to Safe Transport Victoria for consent to surrender the accreditation to operate a bus service.

(2)Subject to subsection (3), on receiving an application under subsection (1) Safe Transport Victoria must consent to the surrender.

(3)Safe Transport Victoria may impose any condition on the grant of the consent that Safe Transport Victoria considers necessary.

(4)If Safe Transport Victoria imposes a condition on a consent to surrender the accreditation and that condition applies to a person, the person to whom the condition applies must comply with the condition.

Penalty:20 penalty units.

Division 5—Bus services under corresponding law

41Unaccredited operators from outside Victoria

A vehicle that is permitted under the laws of another State or Territory to be operated to provide the equivalent of a bus service may operate on a highway, if, in accordance with those laws—

(a)it is used to pick up a passenger in that other State or Territory and take the passenger to a destination in Victoria, and it operates on the highway solely for that purpose; or

(b)having been pre-booked to do so, it is used to pick up a passenger in Victoria for the purpose of taking the passenger to a destination in that other State or Territory, and it operates on the highway solely for that purpose; or

(c)it is used to pick up a passenger in a State or Territory other than Victoria and to take the passenger to a destination in a State or Territory other than Victoria, and it operates on the highway solely for that purpose.

42Criteria on which accreditation application of operator accredited or registered under corresponding law to be assessed

(1)This section applies if Safe Transport Victoria receives an application for accreditation under Division 2 from an operator that is accredited or registered to operate bus services in another State or Territory of the Commonwealth under a corresponding law.

(2)If this section applies, Safe Transport Victoria may accredit the operator of a bus service if Safe Transport Victoria is satisfied that the applicant is accredited or registered in another State or Territory of the Commonwealth under a corresponding law to operate bus services of a similar kind to those the subject of the application in that State or Territory.

(3)If Safe Transport Victoria accredits an operator specified in subsection (2) to operate a bus service—

(a)any conditions imposed on the accreditation or registration of the operator under the corresponding law are taken to be conditions imposed by Safe Transport Victoria under Division 3 for the purposes of accreditation under this Part; and

(b)the conditions that would normally apply to the accreditation under Division 3, apply only to the extent that they are consistent with the conditions imposed on the accreditation or registration of the operator under the corresponding law.

(4)Despite subsection (3), Safe Transport Victoria may—

(a)determine that conditions imposed on the accreditation or registration of the operator under the corresponding law do not apply for the purposes of accreditation under this Act; and

(b)determine that the conditions specified in Division 3 apply to the operator regardless of whether those conditions are consistent with the conditions imposed on the accreditation or registration of the operator under the corresponding law; and

(c)make any other determination in respect of the conditions that are to apply to the accreditation.

43Notification of changes in circumstances in respect of accreditation or registration under corresponding law

(1)This section applies to an accredited bus operator that is also accredited or registered in another State or Territory of the Commonwealth under a corresponding law to operate bus services of a similar kind in that State or Territory.

(2)If a relevant change in circumstances occurs with respect to the accreditation or registration of an accredited bus operator under a corresponding law, the accredited bus operator must notify Safe Transport Victoria of the change in writing within 7 days after becoming aware of the change.

(3)For the purposes of subsection (2), a relevant change in circumstances is—

(a)if the accredited bus operator has become subject to disciplinary action in respect of the accreditation or registration under the corresponding law, including the suspension or cancellation of the accreditation or registration under the corresponding law; or

(b)if additional conditions are imposed on the accreditation or registration of the accredited bus operator under the corresponding law.

44Co-ordination between Safe Transport Victoria and corresponding Bus Safety Regulator

(1)This section applies if Safe Transport Victoria receives an application for accreditation under Division 2, or for variation of accreditation or the conditions of accreditation under Division 4, that indicates that the applicant is accredited or registered, or is seeking accreditation or registration, in another State or a Territory of the Commonwealth under a corresponding law to operate bus services of a similar kind to those the subject of the application under Division 2 or Division 4.

(2)Safe Transport Victoria must, as soon as possible and before deciding whether or not to grant the application, consult with the relevant corresponding Bus Safety Regulator, or Regulators, in relation to the application with a view to the outcome of the application being consistent with the outcome of applications made in the other jurisdiction or jurisdictions.

(3)Safe Transport Victoria, in complying with subsection (2), must take into account any guidelines prepared under subsection (5).

(4)If Safe Transport Victoria does not, in relation to an application, act consistently with the provisions of any guidelines prepared under subsection (5), Safe Transport Victoria must give the applicant reasons for not so acting.

(5)The Minister may prepare guidelines about the manner of the consultation Safe Transport Victoria is required to undertake under subsection (2).

Division 6—Suspension, cancellation and other disciplinary action

45Immediate suspension of accreditation

(1)Safe Transport Victoria may, subject to and in accordance with the regulations (if any), immediately suspend an accreditation if Safe Transport Victoria considers it necessary to do so in the public interest.

(2)Safe Transport Victoria may immediately suspend an accreditation under this section without holding an inquiry under section 46.

(3)A suspension under this section may be—

(a)for a specified period; or

(b)until a specified event; or

(c)if the accredited bus operator has an accreditation or registration under a corresponding law that has been suspended or cancelled, until the interstate accreditation or registration is reinstated; or

(d)until a further determination is made by Safe Transport Victoria.

(4)If the accreditation of an accredited bus operator has been suspended, the operator may, by notice served on Safe Transport Victoria, require Safe Transport Victoria to hold an inquiry under section 46.

(5)Safe Transport Victoria must commence an inquiry under section 46 within 7 days after the service of a notice under subsection (4).

(6)If an inquiry is to be held under section 46, Safe Transport Victoria may determine that a suspension of an accreditation continues to have effect until the completion of that inquiry.

(7)If an inquiry is held under section 46, a suspension under this section, if then still in effect, ceases to have effect on the completion of that inquiry.

(8)Nothing in this section limits any power of Safe Transport Victoria under section 46.

46Disciplinary action against an accredited bus operator

(1)Safe Transport Victoria may hold an inquiry for the purpose of determining whether proper cause exists for taking disciplinary action against an accredited bus operator.

(2)There is proper cause for taking disciplinary action against the accredited bus operator if the operator or a relevant person in relation to that accredited bus operator (as the case requires)—

(a)has contravened this Act or the regulations; or

(b)has not complied with a condition of accreditation; or

(c)has obtained the accreditation improperly; or

(d)would no longer satisfy any one or more of the matters that Safe Transport Victoria must consider when deciding whether to accredit or refuse to accredit the operator as an accredited bus operator.

(3)If, following an inquiry, Safe Transport Victoria is satisfied proper cause for taking disciplinary action against the accredited bus operator exists, Safe Transport Victoria may do one or more of the following—

(a)reprimand the accredited bus operator;

(b)impose one or more new conditions on the accreditation;

(c)suspend the accreditation for a specified period or until a specified event or until a further determination is made by Safe Transport Victoria;

(d)vary the conditions of, or scope of the accreditation;

(e)cancel the accreditation and, if reasonable cause exists, disqualify the operator from applying for accreditation—

(i)permanently; or

(ii)for a specified period or until a specified event.

47Procedure and powers concerning disciplinary inquiries

(1)In exercising powers under section 46, Safe Transport Victoria—

(a)must act fairly and according to equity and good conscience without regard to technicalities or legal forms; and

(b)is not required to act in a formal manner; and

(c)is not bound by rules or practice as to evidence but may be informed in relation to any matter in any manner that Safe Transport Victoria thinks fit.

(2)For the purpose of, and in connection with, any inquiry under section 46, Safe Transport Victoria has the powers conferred by sections 14, 15, 16, 20, 20A and 21A of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before their repeal, on a board appointed by the Governor in Council and those sections apply as if Safe Transport Victoria was the sole member of the board.

(3)The procedure of or in connection with an inquiry under section 46 is at Safe Transport Victoria's discretion.

48Procedure for taking disciplinary action

(1)This section applies if Safe Transport Victoria proposes to take disciplinary action against an accredited bus operator under this Part.

(2)Safe Transport Victoria must serve on the accredited bus operator a notice (a disciplinary notice) that—

(a)specifies the proposed disciplinary action (including any proposed period of suspension or disqualification); and

(b)specifies the grounds for the proposed disciplinary action; and

(c)invites the accredited bus operator to make a written submission within 20 business days as to why the proposed disciplinary action should not be taken.

(3)An accredited bus operator served with a disciplinary notice under subsection (2) may request that Safe Transport Victoria extend the time within which the accredited bus operator must make a submission under the notice.

(4)A request under subsection (3) must be in writing and set out the reasons for the request.

(5)On receiving a request under subsection (3), Safe Transport Victoria, by written notice served on the accredited bus operator, may extend the time within which the accredited bus operator may make the submission.

(6)A notice under subsection (5) must state the new date by which the accredited bus operator may make the submission.

49Effect of suspension

An operator whose accreditation is suspended—

(a)is not accredited during the period of suspension; and

(b)is disqualified from applying for an accreditation of a kind for which the person was suspended.

Division 7—Exemptions granted by Safe Transport Victoria

50Definition

In this Division, designated provision means any or all of the following—

(a)section 22;

(b)section 23;

(c)section 24;

(d)regulations made for the purposes of the sections referred to in paragraphs (a), (b) and (c).

51Accreditation exemption for operators

(1)An operator of a bus service may apply to Safe Transport Victoria for an exemption from a designated provision in respect of a specified bus service carried out, or proposed to be carried out, by or on behalf of the operator.

(2)An application must be made in the manner and form approved by Safe Transport Victoria and must—

(a)specify the scope and nature of the bus service in respect of which an exemption is sought; and

(b)contain any prescribed information; and

(c)be accompanied by the prescribed application fee (if any).

(3)Safe Transport Victoria may require an operator who has applied for an exemption to—

(a)supply further information requested by Safe Transport Victoria; and

(b)verify by statutory declaration any information supplied to Safe Transport Victoria.

52What applicant must demonstrate

Safe Transport Victoria must not grant an exemption to an applicant unless satisfied that the applicant has demonstrated—

(a)that the applicant is, or is to be, an operator in relation to the bus service in respect of which the exemption is sought; and

(b)that the applicant has complied with the requirements prescribed by the regulations (if any) for the purposes of this section.

53Determination of application for exemption

(1)Subject to this section, Safe Transport Victoria must, within the relevant period—

(a)if Safe Transport Victoria is satisfied as to the matters referred to in section 52—notify the applicant that an exemption from a designated provision has been granted, with or without conditions or restrictions; or

(b)if Safe Transport Victoria is not satisfied as to the matters referred to in section 52—notify the applicant that the application has been refused.

(2)An exemption under this Division is subject to—

(a)any conditions or restrictions prescribed by the regulations for the purposes of this section that are applicable to the exemption; and

(b)any other condition or restriction imposed on the exemption by Safe Transport Victoria.

(3)Notification under this section—

(a)must be in writing and given to the applicant; and

for bus safety purposes;

(c)the way in which duties or obligations imposed by this Act or the regulations are performed;

(d)regulating or requiring the taking of any action to avoid a hazard or incident in relation to operating bus services;

(e)regulating, requiring or prohibiting the taking of any action in the event of an incident in relation to the operation of bus services;

(f)regulating the engineering standards and specifications of buses and standards relating to the maintenance of buses, including in relation to safety equipment or devices to be installed on buses;

(g)regulating or requiring the examination, testing, maintenance or repair of buses, or equipment in, or on, a bus.

75Inspections and safety audits

Without limiting the generality of section 72, the regulations may be made for or with respect to—

(a)bus inspections, including in relation to—

(i)the nature of the inspections;

(ii)the frequency of the inspections;

(iii)the manner in which inspections are to be carried out;

(iv)who may conduct the inspections and the qualifications, experience and certifications required by inspectors;

(v)the form and content of inspection reports;

(vi)circumstances when an inspector cannot conduct an inspection;

(b)regulating the manner in which inspectors are to make recommendations to operators including with respect to—

(i)the type and nature of recommendations which may be obligatory and require compliance by operators;

(ii)the consequences for noncompliance by operators with the recommendations made by inspectors;

(iii)the notification of Safe Transport Victoria by an operator if an operator is unable to comply with a recommendation;

(c)requiring inspectors to notify Safe Transport Victoria in prescribed circumstances;

(d)prescribing the process by which Safe Transport Victoria may impose requirements on operators, which must be complied with, following an inspection, or based on a notification by an inspector or an operator;

(e)prescribing the consequences for non-compliance by an operator with a requirement imposed by Safe Transport Victoria;

(f)regulating the notifications required before a safety audit can be conducted by Safe Transport Victoria on an operator;

(g)the manner in which a safety audit is to be conducted;

(h)the requirements Safe Transport Victoria may impose on an operator, which must be complied with, following a safety audit.

76Accreditation

Without limiting the generality of section 72, the regulations may be made for or with respect to accreditation under Parts 4 and 4A including in relation to—

*                *                *                *                *

(c)the form of a certificate of accreditation;

(d)the requirements, manner and process to be observed by operators of a bus service applying for accreditation;

(e)prescribing the form of an application for accreditation;

(f)prescribing documents and things that must accompany an application for accreditation or driver accreditation;

(g)matters to be considered by Safe Transport Victoria when determining an application for accreditation or driver accreditation;

*                *                *                *                *

(i)prescribing classes of accreditation or driver accreditation;

(j)prescribing conditions of accreditation or driver accreditation;

(ja)the requirements and process to be observed by operators of a bus service in relation to number plates issued to operators on accreditation, including with respect to the classes of number plates to which the requirements apply;

(jb)prescribing the circumstances in which number plates issued to operators on accreditation must be returned;

(jc)prescribing and regulating accredited drivers including in relation to their duties and conduct;

(jd)prescribing qualifications to be required of, and the tests to be passed by, applicants for driver accreditation;

(je)prescribing the form of an application for driver accreditation and the cancellation or suspension of a driver accreditation;

(k)prescribing application fees or accreditation fees;

(l)prescribing any matter or thing required or permitted by Parts 4 or 4A to be prescribed or necessary to be prescribed to give effect to those Parts.

76AHazardous areas

Without limiting the generality of section 72, the regulations may be made for or with respect to—

(a)the declaration of areas as hazardous areas;

(b)the approval of persons to drive vehicles seating more than 9 people (driver included) in hazardous areas;

(c)the approval of certain vehicles seating more than 9 people (driver included) for use in hazardous areas;

(d)the issue of authorities or permissions to persons to drive in hazardous areas;

(e)prescribing requirements for applicants to obtain an approval, authority or permission to drive in hazardous areas, including—

(i)requiring the applicant to pass a test;

(ii)the qualifications, experience and certifications required of applicants;

(f)prohibiting or regulating the use of certain vehicles seating more than 9 people (driver included) in hazardous areas;

(g)specifying requirements for vehicles operating in hazardous areas, including—

(i)the safety standards that vehicles must meet to operate in a hazardous area; and

(ii)any safety devices or equipment that must be carried in, or fitted to, the vehicle while operating in a hazardous area.

77Fees

(1)A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—

(a)specific fees;

(b)maximum or minimum fees;

(c)maximum and minimum fees;

(d)scales of fees;

(e)the payment of fees either generally or under specified conditions or in specified circumstances, including conditions or circumstances relating to the late lodgement of an application, or the late payment of fees, under this Act;

(f)the reduction, waiver or refund, in whole or in part, of the fees.

(2)If under subsection (1)(f) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically—

(a)in respect of certain matters or transactions or classes of matters or transactions; or

(b)in respect of certain documents or classes of documents; or

(c)when an event happens; or

(d)in respect of certain persons or classes of persons; or

(e)in respect of any combination of matters, transactions, documents, events or persons—

and may be expressed to apply subject to specified conditions or in the discretion of any specified person.

(3)A fee that may be imposed by regulation is not limited to an amount that is related to the cost of providing a service.

*                *                *                *                *

Division 3—Transitional provisions for operators who must be registered or accredited

78ADefinition

In this Division—

commencement day means 31 December 2010.

78BTransitional provision for existing bus operators requiring registration from commencement day

(1)This section applies to a person who was an operator of a bus service immediately before the commencement day and that bus service in respect of which the person is the operator, is on and from the commencement day, a bus service that is not a commercial bus service or a local bus service.

(2)Subject to subsection (3), a person to whom this section applies is not required to comply with section 22 until 31 December 2011.

(3)A person who is an operator of a bus service to whom this section applies is required to comply with section 22 before 31 December 2011 if the person is served with a notice from the Safety Director requiring the person to register as an operator of a bus service to which section 22 applies.

(4)A notice served on a person under subsection (3) must—

(a)be in writing; and

(b)be served by registered or certified post; and

(c)state that the person is required to apply for registration under section 22 within the period specified in the notice.

(5)The period specified in a notice under subsection (4)(c) must not be less than 28 days after the notice is served on the person.

78CTransitional provision for bus operators no longer required to be accredited from commencement day

Despite the repeal of Part 2 of the Public Transport Competition Act 1995 by this Act, a person who—

(a)immediately before the commencement day, was accredited to operate a road transport passenger service within the meaning of the Public Transport Competition Act 1995; and

(b)on and after the commencement day—

(i)is not required to be accredited as an operator of a bus service under Division 2 of Part 4; and

(ii)is required to be registered as an operator of a bus service under section 22—

continues to be, on and after the commencement day, a person accredited under the Public Transport Competition Act 1995, as if Part 2 of that Act had not been repealed, until 31 December 2011 unless that person is registered under section 22 before 31 December 2011.

78DTransitional provision for drivers of commercial passenger vehicles

(1)This section applies to a person who was licensed to operate a commercial passenger vehicle immediately before the commencement day under Division 5 of Part VI of the Transport Act 1983 and the vehicle in respect of which the person is licensed, is on and after the commencement day, a bus.

(2)A person referred to in subsection (1) is, on and after the commencement day, deemed to comply with this Act and the regulations if the person complies with the conditions of his or her licence issued under Division 5 of Part VI of the Transport Act 1983 until the earlier of—

(a)the person becoming a registered bus operator or an accredited bus operator; or

(b)31 December 2011.

Division 4—Transitional provisions—Transport Legislation Miscellaneous Amendments Act 2021

79Definitions

In this Division—

commencement day means the day section 14 of the Transport Legislation Miscellaneous Amendments Act 2021 comes into operation;

new provision means a provision of this Act as in force on the commencement day;

old provision means a provision of this Act as in force immediately before the commencement day.

80General transitional provision

(1)This Division does not affect or take away from the Interpretation of Legislation Act 1984.

(2)Without limiting subsection (1), in declaring that certain new provisions are to be treated as re-enacting with modifications certain old provisions, this Division must not be taken to limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment.

(3)This Division applies despite anything to the contrary in any of the new provisions.

81Registered bus operators

(1)An operator of a bus service that is not a commercial bus service or a local bus service that was registered under section 22 as in force immediately before the commencement day, on and from the commencement day—

(a)is taken to be an accredited bus operator under Part 4; and

(b)is subject to the conditions—

(i)specified under section 31; or

(ii)prescribed under section 31; or

(iii)imposed by the Safety Director in accordance with section 31.

(2)If an operator of a bus service specified in subsection (1) is granted a permission under section 22(5A) as in force immediately before the commencement day, that permission continues to apply on and after the commencement day subject to any conditions imposed by the Safety Director at the time the permission was granted.

(3)An application made by an operator of a bus service under section 22 as in force immediately before the commencement day that has not been determined by the Safety Director is, on and from the commencement day, taken to be an application for accreditation to operate that bus service under section 23.

(4)A certificate of registration issued to an operator specified in subsection (1) under section 22 as in force immediately before the commencement day, on and from the commencement day is taken to be a certificate of accreditation under section 30.

(5)If a certificate of registration referred to in subsection (4) specifies a registration number, on and from the commencement day, that number is taken to be an accreditation number allocated to the operator under section 30.

82Accredited bus operators

(1)An operator of a commercial bus service or a local bus service that was accredited under Part 4 as in force immediately before the commencement day, on and from the commencement day—

(a)is taken to be an accredited bus operator under Part 4; and

(b)continues to be subject to any conditions imposed by the Safety Director under section 34(2) as in force immediately before the commencement day as if the Safety Director had imposed those conditions under section 31; and 

(c)is subject to any conditions—

(i)specified under section 31; or

(ii)prescribed under section 31; or

(iii)imposed by the Safety Director in accordance with section 31.

(2)An application made by an operator of a commercial bus service or a local bus service under section 25 as in force immediately before the commencement day that has not been determined by the Safety Director under section 26 as in force immediately before the commencement day is, on and from the commencement day, taken to be an application for accreditation to operate that bus service under section 23 and must be determined by the Safety Director in accordance with Division 2 of Part 4 and section 33.

(3)An accreditation granted to an operator of a commercial bus service or a local bus service that is subject to an expiry date under Part 4 as in force immediately before the commencement day, on and from the commencement day remains in force until the expiry of the period set by the Safety Director before the commencement day.

(4)If the Safety Director has disqualified an applicant from applying for accreditation for a specified period under section 30 as in force immediately before the commencement day, on and from the commencement day that disqualification is taken to be a disqualification under section 27 and applies for the same period.

83Inspection requirements

If, immediately before the commencement day, a registered bus operator has ensured that a bus used to provide the bus service has undergone a safety inspection in accordance with the regulations, on and from the commencement day that bus safety inspection is taken to comply with the requirements for bus services operated by accredited bus operators under section 19.

84Re-enacted provisions

An old provision specified in Column 1 of the Table is taken to be re-enacted (with modifications) by the new provision appearing opposite in Column 2 of the Table.

Table

Old provision	New provision
Section 31	Section 28
Section 32	Section 29
Section 33	Section 30
Section 37	Section 33
Section 38	Section 34
Section 39	Section 35
Section 40	Section 37
Section 41	Section 38
Section 42	Section 39
Section 43	Section 40
Section 48	Section 45
Section 50	Section 46
Section 51	Section 47
Section 52	Section 49
Section 52A	Section 50
Section 52B	Section 51
Section 52C	Section 52
Section 52D	Section 53
Section 52E	Section 54
Section 52F	Section 55
Section 52G	Section 55A
Section 52H	Section 55B
Section 52I	Section 55C
Section 52J	Section 55D
Section 54	Section 55G
Section 55	Section 55H

*                *                *                *                *

SCHEDULE 1—CATEGORISED OFFENCES

Section 3(1)

Part 1—Category 1 offences

1.An offence against the Crimes Act 1958 that involves sexual penetration.

2.An offence against a provision of the Crimes Act 1958 amended or repealed before the commencement of section 8 of the Transport Legislation (Further Amendment) Act 2006 of which the necessary elements at the time it was committed consisted of elements that constitute anoffence referred to in item 1.

3.An offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991, if the victim of the offence was a child or a person with a cognitive impairment or mental illness, that is not an offence referred to in item 1 or 2.

4.An offence against section 5A of the Crimes Act 1958.

5.An offence against section 318(1) of the Crimes Act 1958 (whether in relation to a motor vehicle or a vessel).

6.An offence specified in clause 3 of Schedule 1 to the Sentencing Act 1991.

7.A child abuse material offence within the meaning of the Worker Screening Act 2020.

8.An offence against a provision of Division 101 of the Criminal Code of the Commonwealth.

9.An offence against section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth.

10.An offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence listed in this Part.

Part 2—Category 2 offences

11.An offence specified in clause 1 of Schedule 1 to the Sentencing Act 1991 that is not an offence referred to in item 1, 2, 3, 4 or 5 of Part 1 of this Schedule.

12.An offence specified in clause 2 of Schedule 1 to the Sentencing Act 1991 that is not an offence specified in clause 3 of that Schedule.

13.An offence specified in clause 4 of Schedule 1 to the Sentencing Act 1991.

14.An offence against section 24 of the Crimes Act 1958 arising out of the driving of a motor vehicle by the offender.

15.An offence against section 21A of the Crimes Act 1958.

16.An offence against section 49N of the Crimes Act 1958.

17.An offence against section 77A of the Crimes Act 1958.

18.An offence against section 77B of the Crimes Act 1958.

19.An offence against section 79 of the Crimes Act 1958.

20.An offence against section 79A of the Crimes Act 1958.

21.An offence against section 319(1) of the Crimes Act 1958 (whether in relation to a motor vehicle or a vessel).

22.An offence against section 319(1A) of the Crimes Act 1958 (whether in relation to a motor vehicle or a vessel).

23.An offence against section 61 of the Road Safety Act 1986 resulting in a person being killed or suffering serious injury.

24.An offence against section 71AB or 71B of the Drugs, Poisons and Controlled Substances Act 1981.

25.An offence against section 46 or 47 or Part 5 ofthe Sex Offenders Registration Act 2004 (other than section 70).

26.An offence against the Serious Offenders Act 2018 (other than section 277, 281, 284 or 284A).

27.An offence against section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth other than in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that Code.

28.An offence against section 271.3 (aggravated offence of trafficking in persons) or section 271.6 (aggravated offence of domestic trafficking in persons) of the Criminal Code of the Commonwealth.

29.An offence involving fraud or dishonesty.

30.An offence against this Act.

31.An offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence listed in this Part.

Part 3—Category 3 offences

32.An offence specified in any of the following infringement notices—

(a)an infringement notice to which section 61A(2) of the Marine (Drug, Alcohol and Pollution Control) Act 1988 applies;

(b)a traffic infringement notice to which section 89A(2) of the Road Safety Act 1986 applies.

33.An offence that is not a category 1 offence, a category 2 offence or an offence referred to in item 32.

34.An offence under a law of a jurisdiction other than Victoria (including jurisdictions outside Australia) that, if it had been committed in Victoria, would have constituted an offence listed in this Part.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 4 December 2008

Legislative Council: 12 March 2009

The long title for the Bill for this Act was "A Bill for an Act to provide for the safe operation of bus services in Victoria, to amend the Public Transport Competition Act 1995, the Rail Safety Act 2006, the Road Safety Act 1986 and the Transport Act 1983, to make consequential amendments to certain other Acts and for other purposes."

The Bus Safety Act 2009 was assented to on 7 April 2009 and came into operation as follows:

Sections 1, 2 and 80 on 8 April 2009: section 2(1); sections 3–79, 81–91, 92(5)–(8), 94–102 on 31 December 2010: section 2(3).

Sections 92(1)–(4) and 93 were never proclaimed, repealed by No. 6/2010 section 203(1)(Schedule 6 item 4.6).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Bus Safety Act 2009 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Bus Safety Act 2009, No. 13/2009

Assent Date:	7.4.09
Commencement Date:	Ss 78(4), 102 on 31.12.10: s. 2(3)
Note:	S. 102 repealed Pt 9 (ss 79‒102) on 31.12.11; s. 78(4) provided that s. 78 expired on 31.8.13
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 14) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 2 item 8) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009

Assent Date:	15.12.09
Commencement Date:	S. 49(3) on 17.12.09: Government Gazette 17.12.09 p. 3339
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	Ss 24(5)(Sch. 1 item 4), 203(1)(Sch. 6 item 4) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010, No. 19/2010

Assent Date:	18.5.10
Commencement Date:	Ss 47–66 on 1.6.10: Government Gazette 20.5.10 p. 988
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Transport Legislation Amendment (Public Transport Safety) Act 2011, No. 49/2011

Assent Date:	22.9.11
Commencement Date:	Ss 24–32 on 5.10.11: Special Gazette (No. 313) 4.10.11 p. 1 (see Erratum: Special Gazette (No. 315) 4.10.11 p. 1)
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 2) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
Current State:	This information relates only to the provision/s amending the Bus Safety Act 2009

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:	8.5.12
Commencement Date:	S. 239(Sch. 6 item 6) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Co-operatives National Law Application Act 2013, No. 9/2013

Assent Date:	13.3.13
Commencement Date:	S. 42(Sch. 2 item 5) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1
Current State:	This information relates only to the provision/s amending the Bus Safety Act 2009

Transport Legislation Amendment (Rail Safety Local Operations and Other Matters) Act 2013, No. 23/2013

Assent Date:	23.4.13
Commencement Date:	Ss 125–128 on 24.4.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 6) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Transport (Safety Schemes Compliance and Enforcement) Act 2014, No. 27/2014

Assent Date:	8.4.14
Commencement Date:	Ss 133, 134 on 19.5.14: Special Gazette (No. 148) 13.5.14 pp 1, 2
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:	26.8.14
Commencement Date:	S. 142 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 6) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016

Assent Date:	6.9.16
Commencement Date:	S. 32 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Commercial Passenger Vehicle Industry Act 2017, No. 35/2017

Assent Date:	22.8.17
Commencement Date:	Ss 72, 73 on 23.8.17: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017, No. 63/2017

Assent Date:	19.12.17
Commencement Date:	S. 21(Sch. 1 item 1) on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Bus Safety Act 2009

Worker Screening Act 2020, No. 34/2020

Assent Date:	4.11.20
Commencement Date:	Ss 160–162 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Bus Safety Act 2009

Transport Legislation Miscellaneous Amendments Act 2021, No. 30/2021

Assent Date:	10.8.21
Commencement Date:	Ss 3–14 on 1.3.22: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date:	21.11.23
Commencement Date:	Ss 12, 127(Sch. 1 item 1) on 22.11.23: s. 2(1); ss 3−11 on 1.10.24: Special Gazette (No. 508) 24.9.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 5) on 6.8.25: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

Corrections Legislation Amendment Act 2025, No. 28/2025

Assent Date:	19.8.25
Commencement Date:	S. 54 on 20.8.25: s. 2(1); ss 39, 40 on 11.9.25: Special Gazette (No. 488) 9.9.25 p. 1
CurrentState:	This information relates only to the provision/s amending the Bus Safety Act 2009

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

No entries at date of publication.