Transport Legislation Amendment Act 2023 (Vic)

Transport Legislation Amendment Act 2023

No. 34 of 2023

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Bus Safety Act 2009

Division 1—Accreditation scheme reforms

3Definitions

4Part 4 heading amended

5Conditions on accreditation

6New Part 4A inserted

7New Division heading inserted in Part 6

8New Divisions 2 to 5 inserted in Part 6

9New section 71A inserted

10Accreditation

11New Schedule 1 inserted

Division 2—Regulatory exemptions

12New section 67A inserted

Part 3—Amendment of Commercial Passenger Vehicle Industry Act 2017

Division 1—Review of decisions

13Cancellation of registration

14Surrender of registration

15Surrender of registration

16Surrender of driver accreditation

17Decision on taking disciplinary action

18Reviewable decisions

19Determination of application for internal review

20VCAT orders in relation to category 1 offenders

Division 2—Information gathering and handling

21Restriction on disclosure or use of sensitive information

22Information sharing

Division 3—Repeal of redundant provisions

23Matters to which regulator may have regard in considering application

24Decision on application for driver accreditation

25Mandatory cancellation of driver accreditations in certain cases

26Schedule 1—Categorised offences

Division 4—Other amendments

27Definitions

28Offence for driver to provide services without accreditation

29Matters to which regulator may have regard in considering application

30New section 214AA inserted

31Statute law revision amendments

Part 4—Amendment of Marine (Domestic Commercial Vessel National Law Application) Act 2013

32Victorian regulations

Part 5—Amendment of Road Management Act 2004

33Definitions

34Making of Codes of Practice

35Sections 31 and 32 repealed

36Regulations

Part 6—Amendment of Road Safety Act 1986

37Definitions

38Definitions

39Advertising breach notice

40Registration cancellation notice

41Withdrawal of advertising breach notice

42Driver licences

43Exemption from, or removal of, alcohol interlock condition on medical grounds

44Zero blood or breath alcohol

45General duty of driver or person in charge of motor vehicle

46Power to prevent driving by incapable persons

47Unauthorised use of freeway

48Evidence of speed

49General evidentiary provisions

50Double jeopardy

51Use of effective statement to avoid liability

52Offence to provide false or misleading information

53Immediate licence or permit suspension where certain traffic infringement notices issued

54Immediate disqualification where certain traffic infringement notices issued

55New Part 7C inserted

56New section 99C inserted

57New sections 103ZO and 103ZP inserted

58Statute law revision amendments

Part 7—Amendment of Transport Accident Act 1986

59Circumstances in which certain compensation is not payable or is reduced

60Unregistered motor vehicle accidents on private land excluded

61Uninsured motor vehicle accidents on private land

62Transport accident charge

Part 8—Amendment of Transport (Compliance and Miscellaneous) Act 1983

Division 1—Information use and disclosure amendments

63Section 221 substituted

64New Division 16 of Part VIII inserted

Division 2—Fees and charges for overdimensional vehicles crossing tracks

65Specification of vehicle limits and fees for overdimensional vehicles crossing tracks

Division 3—Bus driver accreditation related amendments

66Heading to Part VI substituted

67Section 86 repealed

68Sections 88 and 90(2) repealed

69Division 6 of Part VI repealed

Division 4—Other amendments

70Definitions

Part 9—Amendment of Transport Integration Act 2010

Division 1—Safe Transport Victoria amendments

71Definitions

72Strategy and implementation plan

73Guidelines

74Directions from the Secretary

75Part 5 substituted

76Division 1 of Part 7 repealed

77Memoranda of understanding

78Heading to Part 7A amended

79Definitions

80New Part 14 inserted

Division 2—V/Line Corporation amendments

81V/Line Corporation

82New Subdivision 1 heading inserted into Division 4 of Part 6

83New Subdivision 2 heading and new section 142A inserted into Division 4 of Part 6

84New Subdivisions 3 and 4 inserted into Division 4 of Part 6

85New Subdivision 5 heading inserted into Division 4 of Part 6

86Certain powers not affected

87Transport Corporation not to make loans to directors

88Indemnity

89New Subdivision 6 heading inserted into Division 4 of Part 6

90Determination of initial capital

91Capital

92Repayment of capital

93Dividends

94Reports to Minister or Treasurer

95Corporate plan

96Board of directors to give notice of significant events

Division 3—Chief Investigator, Transport Safety amendments

97Definitions

98Strategy and implementation plan

99Objects of the Department

100Corporate plans

101Heading to Part 7 amended

102Heading to Division 2 of Part 7 repealed

103Definition

104Delegation by the Chief Investigator, Transport Safety

105Heading to Division 3 of Part 7 repealed

106Appointment

107Acting appointment

108When a transport safety appointee ceases to hold office

109Resignation

110Suspension

111Removal from office

112Validity of acts and decisions

113Immunity

114Ministerial direction to investigate transport safety matter

115Employment of persons

116Powers of transport safety appointee

117Extra-territoriality

118Memoranda of understanding

119Power to give advice on compliance

120Definitions

Division 4—Other amendments

121Definitions

122Powers to enter land for investigative purposes

123New section 64ABA inserted

124Chief executive officer and other employees

125Vacancies, resignations, removal from office

126Statute law revision amendments

Part 10—Consequential amendments to Acts relating to Safe Transport Victoria

127Consequential amendments—Schedule 1

Part 11—Consequential amendment of Sentencing Act 1991

128Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences

Part 12—Repeal of this Act

129Repeal of this Act

Schedule 1—Consequential amendments to Acts relating to Safe Transport Victoria

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Endnotes

1      General information

Transport Legislation Amendment Act 2023

No. 34 of 2023

[Assented to 21 November 2023]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to amend the Bus Safety Act 2009—

(i)to provide for a bus driver accreditation scheme for drivers of commercial bus services that is aligned with the accreditation scheme for drivers providing commercial passenger vehicle services under the Commercial Passenger Vehicle Industry Act 2017; and

(ii)to provide for regulatory exemptions; and

(b)to amend the Commercial Passenger Vehicle Industry Act 2017—

(i)in relation to review of decisions; and

(ii)in relation to information sharing arrangements; and

(c)to amend the Marine (Domestic Commercial Vessel National Law Application) Act 2013 to provide for further regulation making powers; and

(d)to amend the Road Management Act 2004 to abolish the Infrastructure Reference Panel and provide a new method of consultation with road authorities, utilities and providers of public transport; and

(e)to amend the Road Safety Act 1986—

(i)in relation to cancellation of motor vehicle or trailer registration due to offensive advertisements; and

(ii)in relation to the prescribed concentration of alcohol for a person after the removal of, or an exemption from the imposition of, an alcohol interlock condition on the person's driver licence or learner permit; and

(iii)in relation to powers of police officers and protective services officers with respect to persons who are incapable of having proper control of a vehicle; and

(iv)in relation to use of effective statements to avoid liability for operator onus offences; and

(v)to provide for requirements relating to vehicle sharing schemes; and

(vi)to provide that prescribed speed detectors can be used to enforce speeding offences involving bicycles, electric scooters and other vehicles that are not motor vehicles; and

(vii)to enable the Minister to designate a road safety research trial; and

(f)to amend the Transport Accident Act 1986 to clarify the effect of exemptions from transport accident charges; and

(g)to amend the Transport (Compliance and Miscellaneous) Act 1983—

(i)in relation to use and disclosure of public transport movement information; and

(ii)in relation to fees and charges for overdimensional vehicles crossing tracks; and

(h)to amend the Transport Integration Act 2010—

(i)to provide for the continuation of Safe Transport Victoria; and

(ii)to abolish the Commercial Passenger Vehicle Commission and the office of the Director, Transport Safety; and

(iii)to make further provision in relation to V/Line Corporation's constitution and membership and the Chief Investigator, Transport Safety; and

(iv)to provide for the execution of deeds electronically by the Head, Transport for Victoria; and

(i)to make amendments consequential to the establishment of Safe Transport Victoria, and other miscellaneous and technical amendments, to the Bus Safety Act 2009, the Commercial Passenger Vehicle Industry Act 2017, the Transport Integration Act 2010, the Transport (Compliance and Miscellaneous) Act 1983 and other Acts; and

(j)to make a consequential amendment to the Sentencing Act 1991 relating to the amendments to the Road Safety Act 1986.

2Commencement

(1)This Act, except Parts 5 and 11, Division 1 of Part 2, Division 1 of Part 3 and Divisions 1 and 3 of Part 8 and sections 27, 28, 29, 30, 37, 42, 43, 44(2), 45(3), 47, 48, 49, 50, 53, 54, 55 and 57, comes into operation on the day after the day on which it receives the Royal Assent.

(2)Subject to subsection (3), Parts 5 and 11, Division 1 of Part 2, Division 1 of Part 3 and Divisions 1 and 3 of Part 8 and sections 27, 28, 29, 30, 37, 42, 43, 44(2), 45(3), 47, 48, 49, 50, 53, 54, 55 and 57 come into operation on a day or days to be proclaimed.

(3)If a provision of this Act does not come into operation before 17 October 2024, it comes into operation on that day.

PART 2—AMENDMENT OF BUS SAFETY ACT 2009

Division 1—Accreditation scheme reforms

3Definitions

(1)In section 3(1) of the Bus Safety Act 2009 insert the following definitions—

"accredited driver means a person who holds a driver accreditation;

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;

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;".

(2)For section 3(3) of the Bus Safety Act 2009 substitute—

"(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).".

4Part 4 heading amended

In the heading to Part 4 of the Bus Safety Act 2009, after "Accreditation" insert "of operators of bus services".

5Conditions on accreditation

In section 31(2)(d) of the Bus Safety Act 2009, for "Division 6 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983" substitute "Part 4A".

6New Part 4A inserted

After Part 4 of the Bus Safety Act 2009 insert—

"PART 4A—ACCREDITATION OF DRIVERS OF COMMERCIAL BUS SERVICES AND LOCAL BUS SERVICES

Division 1—Preliminary

55IPublic care objective

The public care objective is the objective that the services provided by drivers of vehicles used for the operation of commercial bus services, commercial minibus services and local bus services—

(a)be provided to persons using those services and to other persons, particularly children and other vulnerable persons—

(i)with safety; and

(ii)with comfort, amenity and convenience; and

(b)be provided in a manner that is not fraudulent or dishonest.

Division 2—Non-accreditation offence

55JOffence for driver to provide services without accreditation

A person must not, as the driver of a bus, provide a commercial bus service, commercial minibus service or a local bus service if the person is not accredited—

(a)under this Part; or

(b)under Part 5 of the Commercial Passenger Vehicle Industry Act 2017.

Penalty:60 penalty units.

Division 3—Driver accreditations

55KApplication for driver accreditation

(1)A person may apply to Safe Transport Victoria for the issue of a driver accreditation.

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

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

(b)be accompanied by—

(i)the information and things required by Safe Transport Victoria (if any); and

(ii)the fee (if any) for the application determined by Safe Transport Victoria under section 71A.

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

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

(b)verification, by a statutory declaration, of any statement made or information given for the purposes of the application;

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

(4)Any further information given by the applicant under subsection (3)(c) must be—

(a)if the regulations so provide, signed in accordance with the regulations; and

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

(5)Safe Transport Victoria may require an applicant to—

(a)be photographed at a place and in a manner specified by Safe Transport Victoria; and

(b)give Safe Transport Victoria a specimen signature at a place and in a manner specified by Safe Transport Victoria.

55LTests, qualifications and other requirements

(1)Safe Transport Victoria may require an applicant for driver accreditation to do all or any of the following—

(a)undertake a specified prescribed course of training;

(b)obtain a specified prescribed qualification;

(c)pass specified prescribed tests, including tests relating to—

(i)the applicant's fitness to drive a vehicle; and

(ii)the applicant's medical condition.

(2)Safe Transport Victoria may specify courses of training by reference to either or both of the following—

(a)the name of the course;

(b)the provider of the course.

(3)In specifying a course of training, Safe Transport Victoria must—

(a)be satisfied about—

(i)its content and nature; and

(ii)the materials, resources and equipment required to provide it; and

(b)have regard to the public care objective.

(4)Safe Transport Victoria must publish the name and provider of any course of training specified under this section on Safe Transport Victoria's Internet site. 

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

(1)In considering an application for the issue of a driver accreditation, Safe Transport Victoria may have regard to any of the following—

(a)whether the applicant has at any time (whether before, on or after the commencement of this section) been subject to a relevant disciplinary or regulatory finding within the meaning of the Worker Screening Act 2020;

(b)any infringement notice served on the applicant for a transport offence—

(i)that has not been withdrawn or cancelled; and

(ii)in relation to which information lodged under section 40(1)(a) of the Infringements Act 2006 is not deemed to be a charge-sheet charging the offence by operation of section 40(1)(b) of that Act.

(2)In relation to an infringement notice referred to in subsection (1)(b), Safe Transport Victoria may have regard to the following—

(a)the nature and gravity of the transport offence and its relevance to the purpose for which the applicant seeks to be accredited;

(b)when the transport offence is alleged to have been committed;

(c)whether the transport offence still exists;

(d)the age of the applicant at the time of the alleged commission of the transport offence;

(e)the applicant's behaviour since the alleged commission of the transport offence;

(f)the likelihood of the applicant committing another transport offence of the same kind;

(g)whether the transport offence has been expiated;

(h)whether the decision to serve the infringement notice has been subject to internal review under Division 3 of Part 2 of the Infringements Act 2006;

(i)if the infringement notice was served for a traffic infringement for which demerit points were incurred under Part 4 of the Road Safety Act 1986, the effect on the applicant of the operation of that Part including the incurring of the demerit points;

(j)if the infringement notice was served for a traffic infringement, whether the applicant made any of the following statements under Part 6AA of the Road Safety Act 1986 in relation to the traffic infringement—

(i)an illegal user statement;

(ii)a known user statement;

(iii)a sold vehicle statement;

(iv)an unknown user statement;

(k)if the infringement notice was served for a traffic infringement and the applicant made a statement mentioned in paragraph (j)(ii) or (iii) in relation to the traffic infringement, whether a person made a nomination rejection statement under Part 6AA of the Road Safety Act 1986 in response to that statement;

(l)any information that the applicant has given Safe Transport Victoria in relation to the infringement notice, including reasons why the infringement penalty stated in it was paid.

(3)In this section—

transport offence means—

(a)an offence under this Act or the regulations; or

(b)an offence under Part 5 of the Commercial Passenger Vehicle Industry Act 2017 or regulations made for the purposes of that Part; or

(c)a traffic infringement.

55NTime within which Safe Transport Victoria must deal with application

(1)Subject to this Division, Safe Transport Victoria must decide whether to approve or refuse an application for accreditation within 20 business days after receiving the application.

(2)Safe Transport Victoria, before the expiry of the period specified in subsection (1) or that period as extended under this subsection, may decide to extend the period within which it may decide whether to approve or refuse an application.

(3)If Safe Transport Victoria decides to extend the period, Safe Transport Victoria must give the applicant written notice of—

(a)that decision; and

(b)the new period within which Safe Transport Victoria intends to make the decision whether to approve or refuse an application.

55ODecision on application for driver accreditation

(1)Safe Transport Victoria, having considered the matters referred to in section 55M, may issue a driver accreditation if satisfied—

(a)that it is appropriate to do so having regard to the public care objective; and

(b)that the applicant—

(i)is technically competent and sufficiently fit and healthy to drive a bus for the purpose of providing a commercial bus service, a commercial minibus service or a local bus service; and

(ii)is a fit and proper person to provide a commercial bus service, a commercial minibus service or a local bus service; and

(c)that the applicant has complied with the requirements under this Part in relation to the application, including paying the application fee (if any) determined by Safe Transport Victoria under section 71A.

(2)However, Safe Transport Victoria must refuse to issue a driver accreditation if aware that the applicant—

(a)does not hold an Australian driver licence; or

(b)has been found guilty of a category 1 offence; or

(c)is a person who is subject to—

(i)reporting obligations imposed under Part 3 of the Sex Offenders Registration Act 2004; or

(ii)a supervision order or interim supervision order within the meaning of the Serious Offenders Act 2018.

(3)Unless satisfied that the applicant has shown that the issue of a driver accreditation is appropriate in the circumstances, Safe Transport Victoria must also refuse to issue a driver accreditation if aware that the applicant—

(a)has been found guilty of a category 2 offence; or

(b)is subject to a charge for a category 1 offence that has not been finally disposed of at the time of considering the application.

(4)Without limiting the discretion of Safe Transport Victoria, Safe Transport Victoria may refuse to issue a driver accreditation if aware that the applicant—

(a)has been found guilty of a category 3 offence; or

(b)is subject to a charge for a category 2 offence or category 3 offence that has not been finally disposed of at the time of considering the application.

(5)Safe Transport Victoria must not refuse to issue a driver accreditation on a ground referred to in subsection (2) if a decision to refuse to issue an accreditation or cancel an accreditation in respect of the person on that ground has previously been set aside (without being remitted) by VCAT.

(6)In making a decision under subsection (3) or (4), Safe Transport Victoria may have regard to the following matters in relation to the category 2 offence or category 3 offence—

(a)the nature and gravity of the offence and its relevance to the service to be provided by the applicant;

(b)the period of time since the applicant committed the offence;

(c)whether a finding of guilt or conviction was recorded;

(d)the sentence imposed for the offence;

(e)the age of the applicant when the offence was committed;

(f)in relation to any sexual offence, the age of any victim;

(g)whether or not the conduct that constituted the offence has been decriminalised since the offence was committed;

(h)the applicant's behaviour since committing the offence;

(i)the likelihood of the applicant committing another such offence in the future, in particular, any future threat to a child or other vulnerable person;

(j)any information given by the applicant.

55PSafe Transport Victoria must notify applicant of decision

(1)As soon as practicable after making a decision to approve or refuse an application for the issue of a driver accreditation, Safe Transport Victoria must give to the applicant written notice of the decision.

(2)If the decision is to refuse the application, the notice must—

(a)include a statement of reasons for the decision; and

(b)if the application is refused on a ground set out in section 55O(2)(b) or (c), inform the person that they have a right to seek review of Safe Transport Victoria's decision under section 58A; and

(c)if the application is refused on a ground set out in section 55O(3) or (4), inform the person that they have a right to seek review of Safe Transport Victoria's decision under Part 6.

55QConditions on driver accreditation

(1)Safe Transport Victoria may impose conditions on a driver accreditation on issuing the accreditation.

(2)In considering whether or not to impose conditions on a driver accreditation, Safe Transport Victoria must have regard to the public care objective.

(3)Without limiting subsection (1), Safe Transport Victoria may impose on a driver accreditation a condition requiring the accredited driver to undertake a course of training or to pass a test specified under section 55L.

(4)If Safe Transport Victoria decides to impose conditions on a driver accreditation, Safe Transport Victoria must give the accredited driver—

(a)written notice of the decision; and

(b)a written copy of the conditions to which the accreditation is subject.

(5)A notice under subsection (4)(a) must inform the accredited driver that they have a right to seek review of the decision under Part 6.

(6)A driver accreditation is also subject to any prescribed condition.

55QACertificate of accreditation

On issuing a driver accreditation, Safe Transport Victoria must issue a certificate of accreditation that—

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

(b)sets out the name of the accredited driver.

55RDriver accreditation lasts until cancelled or surrendered

A driver accreditation remains in effect until it is cancelled or surrendered.

55SAnnual accreditation fees

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

Note

For the annual accreditation fee, see section 71A.

(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 driver.

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

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

(1)Safe Transport Victoria may at any time (on Safe Transport Victoria's own initiative or on the written application of an accredited driver)—

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

(b)impose a new condition on a driver accreditation.

(2)In considering whether or not to vary or revoke a condition, or impose a new condition, on a driver accreditation, Safe Transport Victoria must have regard to the public care objective.

(3)Without limiting subsection (1)(b), Safe Transport Victoria may impose on a driver accreditation a condition requiring the accredited driver to undertake a course of training or to pass a test specified under section 55L.

(4)Safe Transport Victoria must give the accredited driver 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)inform the accredited driver that they have a right to seek review of Safe Transport Victoria's decision to take the action under Part 6.

55UOffence to fail to comply with conditions of driver accreditation

An accredited driver must comply with—

(a)any condition imposed on the driver accreditation; and

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

Penalty:30 penalty units.

Division 4—Disqualification from holding driver accreditation

55VDisqualification from applying for driver accreditation

(1)If Safe Transport Victoria refuses an application for the issue of a driver accreditation under this Part, Safe Transport Victoria may determine that the applicant is disqualified from applying for the issue of a driver accreditation for a period determined by Safe Transport Victoria.

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

(3)In making a determination under subsection (1), Safe Transport Victoria must have regard to—

(a)the public care objective; and

(b)if the person has been found guilty of a category 2 offence or category 3 offence, the matters set out in section 55O(6).

(4)Safe Transport Victoria must give the applicant written notice of the disqualification as soon as practicable after the determination to disqualify the applicant.

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

(a)specify the period of disqualification; and

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

(c)inform the applicant that they have a right to seek review of Safe Transport Victoria's determination to take the action under Part 6.

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

(1)A person who has been disqualified under section 55V is not entitled to make a further application for the issue of a driver accreditation under this Part—

(a)until the period determined by Safe Transport Victoria has elapsed; or

(b)unless Safe Transport Victoria declares that the disqualification ceases to have effect.

(2)The person may apply in writing to Safe Transport Victoria for a declaration that the disqualification ceases to have effect.

(3)On receiving an application under subsection (2), Safe Transport Victoria must declare that the disqualification ceases to have effect if satisfied that there has been a relevant change in circumstances in relation to the person.

(4)In this section—

relevant change in circumstances, in relation to a person, includes where—

(a)a charge that the person was subject to, that was pending at the date of the disqualification, is finally dealt with, without the person being found guilty of the offence; or

(b)a finding of guilt of the person is quashed or set aside by a court after the date of the disqualification; or

(c)a finding on which the decision to disqualify the person under section 55V was based is quashed or set aside after the date of the disqualification.

Division 5—Driver accreditation offences

55VBOffence not to sign certificate of accreditation on receipt

(1)A person commits an offence if—

(a)Safe Transport Victoria issues a driver accreditation to the person; and

(b)the person receives a certificate of accreditation in paper form; and

(c)the person fails to sign the certificate on receiving it.

(2)A person who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

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

(1)An accredited driver commits an offence if the driver—

(a)changes their residential address; and

(b)does not within 5 business days after that change occurring—

(i)notify Safe Transport Victoria of it; and

(ii)return the certificate of accreditation to Safe Transport Victoria.

(2)An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

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

(1)A person issued with a driver accreditation commits an offence if the person—

(a)is employed or engaged by an accredited bus operator; and

(b)receives notice of the suspension or cancellation of their driver accreditation; and

(c)does not notify the accredited bus operator of the suspension or cancellation within 5 business days after receiving that notice.

(2)A person who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

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

(1)An accredited driver commits an offence if the driver—

(a)is charged with, or found guilty of, a disqualifying offence; and

(b)does not notify Safe Transport Victoria of the charge or the finding of guilt within 20 business days after being so charged or found guilty.

(2)An accredited driver commits an offence if the driver—

(a)becomes subject to reporting obligations or an order of a kind referred to in section 55O(2)(c); and

(b)does not notify Safe Transport Victoria of the obligations or order within 20 business days after becoming subject to them.

(3)An accredited driver who commits an offence against subsection (1) or (2) is liable to a penalty not exceeding 5 penalty units.

55VFOffence to retain illegible certificate of accreditation

(1)An accredited driver commits an offence if—

(a)the driver's certificate of accreditation becomes illegible or is altered or defaced; and

(b)the driver does not return the certificate to Safe Transport Victoria and apply for the issue of a replacement certificate within 5 business days after becoming aware that the certificate has become illegible or is altered or defaced.

(2)An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

55VGOffence to retain certificate if accreditation suspended or cancelled

(1)A person issued with a driver accreditation commits an offence if the person—

(a)receives notice of the suspension or cancellation of their driver accreditation; and

(b)does not return their certificate of accreditation to Safe Transport Victoria within 20 business days after receiving notice of the suspension or cancellation.

(2)A person who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

55VHOffence not to carry certificate of accreditation when driving

(1)An accredited driver commits an offence if the driver does not carry their certificate of accreditation while driving a bus for the purpose of providing a commercial bus service, commercial minibus service or a local bus service.

(2)An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

55VIDriver accreditation cannot be transferred

(1)A driver accreditation—

(a)is personal to the person who holds it; and

(b)is not capable of being transferred or assigned to any other person or of being otherwise dealt with by the person who holds it; and

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

(2)A purported transfer, assignment or lease of a driver accreditation and any other purported dealing with a driver accreditation by the person who holds it is of no effect.

(3)An accredited driver must not purport to transfer or assign their driver accreditation to any other person or otherwise purport to deal with it.

Penalty:60 penalty units.

(4)This section does not apply to the surrender of an accreditation in accordance with this Part.

55VJSurrender of driver accreditation

(1)An accredited driver may apply in writing to Safe Transport Victoria for consent to surrender their driver accreditation.

(2)An application under subsection (1) must be accompanied by the certificate of accreditation unless—

(a)the certificate has already been returned to Safe Transport Victoria; or

(b)the certificate has been lost, stolen or destroyed.

(3)If subsection (2)(b) applies, the application must be accompanied by a statement, verified by a statutory declaration signed by or on behalf of the accredited driver, that the certificate has been lost, stolen or destroyed.

(4)Subject to subsection (5), on receiving an application under subsection (1), Safe Transport Victoria must consent to the surrender.

(5)Safe Transport Victoria may impose any condition on the consent to surrender that Safe Transport Victoria considers necessary to protect the interests of a third party.

(6)A person commits an offence if—

(a)Safe Transport Victoria imposes a condition on a consent to surrender a driver accreditation; and

(b)the condition applies to the person; and

(c)the person does not comply with the condition.

(7)A person who commits an offence against subsection (6) is liable to a penalty not exceeding 20 penalty units.

55VKOffence not to produce certificate of accreditation when asked

(1)An accredited driver commits an offence if the driver—

(a)drives a bus for the purposes of providing a commercial bus service, commercial minibus service or a local bus service; and

(b)is asked by a transport safety officer or a police officer to produce their certificate of accreditation; and

(c)refuses or fails to do so.

(2)An accredited driver who commits an offence against subsection (1) is liable to a penalty not exceeding 5 penalty units.

Division 6—Disciplinary action

55WWhen Safe Transport Victoria may take disciplinary action

Safe Transport Victoria may take disciplinary action under this Division against an accredited driver if satisfied of any of the following—

(a)that the accredited driver has contravened or is contravening a condition imposed on the driver accreditation;

(b)that the accredited driver has contravened or is contravening this Act or regulations made under this Act;

(c)that the driver accreditation was obtained because of false or misleading information given as part of, or in relation to, the application for the driver accreditation;

(d)that the accredited driver has been found guilty of a category 2 offence or a category 3 offence or is subject to a charge for a disqualifying offence that has not been finally disposed of;

(e)that the accredited driver would no longer satisfy any one or more of the matters that Safe Transport Victoria must consider when deciding whether to approve or refuse to approve the application for the driver accreditation.

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

Subject to this Division, Safe Transport Victoria may take one or more of the following actions (disciplinary actions) in relation to an accredited driver—

(a)cancel the driver accreditation;

(b)if the driver accreditation is cancelled, disqualify the accredited driver from applying for an accreditation under this Part for a specified period not exceeding 5 years;

(c)suspend the driver accreditation for a specified period or until a specified event occurs;

(d)if the driver accreditation is already suspended, do any of the following—

(i)cancel the driver accreditation;

(ii)cancel the driver accreditation and disqualify the accredited driver from applying for an accreditation under this Part for a period not exceeding 5 years;

(iii)suspend the driver accreditation for an additional period;

(e)warn the accredited driver that more serious action may be taken in the future if the driver repeats the behaviour;

(f)reprimand the accredited driver;

(g)require the accredited driver to undertake a course of training or to pass a test specified under section 55L;

(h)impose a new condition on, or vary a condition on, the driver accreditation.

55YProcedure for taking disciplinary action

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

(2)Safe Transport Victoria must serve on the accredited driver a 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 driver to make a written submission within a specified period as to why the proposed disciplinary action should not be taken.

(3)For the purposes of subsection (2)(c), the period specified in the disciplinary notice may be—

(a)if an immediate suspension notice is also served under section 55ZC, a period of at least 10 business days after the day on which the disciplinary notice is served on the accredited driver; or

(b)in any other case, a period of at least 20 business days after the day on which the disciplinary notice is served on the accredited driver.

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

(1)An accredited driver served a disciplinary notice under section 55Y may request Safe Transport Victoria to extend the time within which the driver must make a submission under a notice under that section.

(2)A request must be in writing and set out the reasons for the request.

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

(4)A notice under subsection (3) must state the new date by which the accredited driver may make the submission.

55ZADecision on taking disciplinary action

(1)If Safe Transport Victoria is satisfied that grounds for taking disciplinary action against an accredited driver have been established, Safe Transport Victoria may take—

(a)any disciplinary action specified in the disciplinary notice; or

(b)disciplinary action that is less severe.

(2)In deciding whether to take disciplinary action, Safe Transport Victoria must consider any submission made to Safe Transport Victoria by the accredited driver in accordance with the disciplinary notice served on the driver.

(3)As soon as practicable after making a decision under this section, Safe Transport Victoria must serve written notice of the decision on the accredited driver.

(4)If the decision is to take disciplinary action, the written notice must set out—

(a)the disciplinary action being taken; and

(b)the reasons for the decision; and

(c)the right to seek review of Safe Transport Victoria's decision to take the disciplinary action under Part 6; and

(d)the date on which any cancellation, suspension, disqualification or new or varied condition takes effect.

(5)The date set out in a notice under subsection (4) must not be earlier than 5 business days after the day on which the notice under subsection (3) is served.

55ZBMandatory cancellation of driver accreditations in certain cases

(1)Safe Transport Victoria must cancel a driver accreditation if the accredited driver—

(a)is found guilty of a category 1 offence; or

(b)becomes subject to—

(i)reporting obligations imposed under Part 3 of the Sex Offenders Registration Act 2004; or

(ii)a supervision order or interim supervision order within the meaning of the Serious Offenders Act 2018.

(2)Safe Transport Victoria must not cancel a driver accreditation of a person on a ground referred to in subsection (1) if any of the following decisions in respect of the person has been previously set aside (but not remitted) by VCAT on that ground—

(a)a decision to refuse to issue a driver accreditation;

(b)a decision to cancel an accreditation.

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

(1)This section applies if Safe Transport Victoria—

(a)has decided to serve, or has served, a disciplinary notice on an accredited driver; and

(b)on reasonable grounds, believes that it is in the public interest that the driver accreditation held by the accredited driver be suspended as soon as practicable before a decision is made to take action under section 55ZA in relation to that accredited driver.

(2)In forming the belief referred to in subsection (1)(b), Safe Transport Victoria must consider—

(a)the circumstances leading to the decision to serve the disciplinary notice; and

(b)the grounds specified, or proposed to be specified, in the disciplinary notice.

(3)Safe Transport Victoria may serve on the accredited driver a notice (an immediate suspension notice) suspending the driver accreditation.

(4)An immediate suspension notice served in relation to a driver accreditation ends—

(a)if the driver accreditation is cancelled or suspended under section 55ZA, when the cancellation or suspension takes effect; or

(b)if a condition is imposed on the driver accreditation, or a condition on the driver accreditation is varied, when the condition or varied condition takes effect; or

(c)in any other case, when the accredited driver is notified under section 55ZA(3) of the decision made on the disciplinary notice.

55ZDMandatory immediate suspension of driver accreditation

(1)This section applies if an accredited driver is subject to a charge for a category 1 offence that has not been finally disposed of.

(2)Safe Transport Victoria must serve on the accredited driver a notice (an immediate suspension notice) suspending the driver accreditation.

(3)An immediate suspension notice served in relation to a driver accreditation ends—

(a)if the accreditation is cancelled under section 55ZB(1)(a), on the day of that cancellation; or

(b)if the person served the immediate suspension notice is found not guilty of the offence, on the day of that finding; or

(c)if the charge is dismissed by a court or is withdrawn, on the day of that dismissal or withdrawal; or

(d)if the proceeding for the hearing of the charge is discontinued by the prosecution, on the day of that discontinuance; or

(e)if the person served the immediate suspension notice is discharged by a court following a committal proceeding, on the day of that discharge.

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

(1)This section applies if an accredited driver has their Australian driver licence suspended or cancelled under the Road Safety Act 1986 or law of another State or a Territory under which the licence is issued.

(2)Safe Transport Victoria must suspend the driver accreditation.

(3)A suspension under this section of a driver accreditation remains in effect until Safe Transport Victoria reinstates the accreditation of the person in accordance with section 55ZF.

55ZFReinstatement of driver accreditation following reinstatement of driver licence

Safe Transport Victoria must reinstate a driver accreditation that is suspended in accordance with section 55ZE if—

(a)the person who holds the suspended accreditation gives evidence, to the satisfaction of Safe Transport Victoria, that—

(i)the suspension of the person's Australian driver licence has ceased; or

(ii)the person has been granted an Australian driver licence; and

(b)there are no grounds for Safe Transport Victoria to consider taking disciplinary action under this Division.

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

An accredited driver whose Australian driver licence is suspended or cancelled under the Road Safety Act 1986 or law of another State or a Territory under which the licence is issued must, within 5 business days after that suspension or cancellation—

(a)notify Safe Transport Victoria of that suspension or cancellation; and

(b)return to Safe Transport Victoria their certificate of accreditation.

Penalty:5 penalty units.

55ZHEffect of suspension of driver accreditation

(1)This section applies if a person's driver accreditation is suspended under this Division.

(2)During the period of the suspension of the driver accreditation—

(a)the driver accreditation is taken not to be in effect; and

(b)the person is taken not to be an accredited driver; and

(c)the person is disqualified from applying for driver accreditation.

55ZIReinstatement of driver accreditation

If Safe Transport Victoria has suspended the driver accreditation of a person under section 55ZA pending hearing of a charge for a disqualifying offence, and the person is not found guilty of the offence, Safe Transport Victoria must reinstate the accreditation.".

7New Division heading inserted in Part 6

After the heading to Part 6 of the Bus Safety Act 2009 insert—

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

8New Divisions 2 to 5 inserted in Part 6

After section 58 of the Bus Safety Act 2009 insert—

"Division 2—Review of decisions relating to accredited drivers

58AReviewable decisions under Part 4A

(1)The following Table sets out—

(a)the decisions under Part 4A or the regulations that are reviewable in accordance with this Division and Division 3 (reviewable decisions); and

(b)who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision).

Table

Item	Provision under which reviewable decision is made	Eligible person in relation to reviewable decision
1	Section 55O (except subsection (2)) (refusal to issue driver accreditation)	The applicant
2	Section 55Q (imposition of conditions on driver accreditation)	The accredited driver
3	Section 55T (Safe Transport Victoria may vary or revoke conditions or impose new conditions)	The accredited driver
4	Section 55V (disqualification from applying for driver accreditation)	The disqualified person
5	Section 55VJ (imposition of condition to surrender driver accreditation)	The accredited driver
6	Section 55ZA (the taking of disciplinary action)	The accredited driver

(2)A reviewable decision does not include a decision referred to in the Table in subsection (1) that was—

(a)affirmed, varied or substituted for another decision under section 58D; or

(b)made by Safe Transport Victoria and not by a delegate of Safe Transport Victoria.

Division 3—Internal review of Part 4A decisions

58BApplication for internal review

(1)An eligible person may apply to Safe Transport Victoria for review of a reviewable decision.

Note

Division 4 provides for the review by VCAT of a reviewable decision.

(2)An application under subsection (1) must be made within—

(a)20 business days after the day on which the decision first came to the eligible person's notice; or

(b)such longer period as Safe Transport Victoria allows.

(3)An application under subsection (1) must be made in the manner and form determined by Safe Transport Victoria.

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

(1)An application under section 58B(1) does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless Safe Transport Victoria stays the operation of the decision pending the determination of the internal review—

(a)on Safe Transport Victoria's own initiative; or

(b)on the application of the applicant for review.

(2)Safe Transport Victoria must make a decision on an application for a stay within 2 business days after the making of that application.

(3)If Safe Transport Victoria has not made a decision in accordance with subsection (2), Safe Transport Victoria is taken to have made a decision to grant a stay.

(4)Safe Transport Victoria may attach any conditions to a stay of the operation of a reviewable decision that Safe Transport Victoria considers appropriate.

58DDetermination of application for internal review

(1)On receiving an application made in accordance with section 58B, Safe Transport Victoria must make a fresh decision—

(a)that affirms or varies the reviewable decision; or

(b)that sets aside the reviewable decision and substitutes another decision that Safe Transport Victoria considers appropriate.

(2)Safe Transport Victoria must give a written notice (a decision notice) to the applicant setting out—

(a)the decision of Safe Transport Victoria under subsection (1) and the reasons for the decision; and

(b)the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.

(3)Safe Transport Victoria must give a decision notice to the applicant within 20 business days after the application is made.

(4)If Safe Transport Victoria does not comply with subsection (3), Safe Transport Victoria is taken to have made a decision to affirm the reviewable decision.

Division 4—VCAT review of Part 4A decisions

58EReview of Safe Transport Victoria decisions by VCAT

(1)An eligible person may apply to VCAT for review of a decision referred to in the Table in section 58A(1) made by Safe Transport Victoria under section 58D, or otherwise.

(2)To avoid doubt, subsection (1) does not apply to a refusal by Safe Transport Victoria to issue a driver accreditation or to a cancellation of a driver accreditation in the circumstances to which section 58F applies.

(3)VCAT must not make a decision under this section that would give rise to the issue of a driver accreditation unless VCAT is satisfied of the matters set out in section 55O(1)(b).

(4)In making a decision under this section on a matter involving a disqualifying offence, VCAT may have regard to any matter to which a consideration in section 55O(6) would apply.

(5)An application under subsection (1) must be made within 28 days after the later of—

(a)the day on which the decision of Safe Transport Victoria was made; or

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

Division 5—VCAT orders in relation to category 1 offenders

58FVCAT orders in relation to category 1 offenders

(1)This section applies to the following persons—

(a)a person whose application for the issue of a driver accreditation is refused on a ground set out in section 55O(2)(b) or (c);

(b)a person who is disqualified from applying for a driver accreditation under section 55V;

(c)a person whose driver accreditation is cancelled under section 55ZB.

(2)The person may apply to VCAT for an order that Safe Transport Victoria issue or reinstate the driver accreditation or cancel the disqualification (as the case requires).

(3)On an application under subsection (2), VCAT may by order direct Safe Transport Victoria to—

(a)issue a driver accreditation to the applicant; or

(b)reinstate the driver accreditation of the applicant; or

(c)make a determination cancelling the disqualification of the applicant.

(4)VCAT must not make an order under subsection (3) to issue or reinstate a driver accreditation unless—

(a)VCAT is satisfied of the matters set out in section 55O(1)(b); and

(b)the applicant has demonstrated that the issue or reinstatement is appropriate having regard to the public care objective; and

(c)VCAT is satisfied that—

(i)the making of the order would not pose an unjustifiable risk to the safety of users of commercial bus services, commercial minibus services or local bus services; and

(ii)in all the circumstances, it is in the public interest to make the order.

(5)For the purposes of subsection (4)(c)(i), VCAT must have regard to the matters set out in section 55O(6).

(6)If VCAT refuses to make an order applied for under subsection (2), VCAT may by order disqualify the person from applying for a driver accreditation for a period not exceeding 5 years.

(7)A period of disqualification under an order under subsection (6) may be in substitution of a period of disqualification imposed by Safe Transport Victoria.".

9New section 71A inserted

After section 71 of the Bus Safety Act 2009 insert—

"71A   Regulatory fees

(1)By notice published in the Government Gazette, Safe Transport Victoria may determine the following—

(a)the fees payable for applications for driver accreditations;

(b)annual accreditation fees payable by accredited drivers.

(2)Safe Transport Victoria must obtain the approval of the Minister for any fee Safe Transport Victoria determines under subsection (1).

(3)Fees determined under subsection (1) may—

(a)be of general or limited application; and

(b)differ according to differences in time, place or circumstance.

(4)A fee determined under subsection (1) takes effect on—

(a)the day the notice under which it is determined is published in the Government Gazette; or

(b)if that notice specifies a later date, that date.".

10Accreditation

In section 76 of the Bus Safety Act 2009—

(a)after "with respect to" insert "accreditation under Parts 4 and 4A including in relation to";

(b)in paragraph (f) , after "accreditation" insert "or driver accreditation";

(c)in paragraph (g), for "when determining an accreditation application" substitute "when determining an application for accreditation or driver accreditation";

(d)in paragraph (i), after "accreditation" insert "or driver accreditation";

(e)in paragraph (j), for "of accreditation" substitute "of accreditation or driver accreditation";

(f)after paragraph (jb) insert—

"(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;";

(g)in paragraph (k), for "fees." substitute "fees;";

(h)after paragraph (k) insert—

"(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.".

11New Schedule 1 inserted

After Part 8 of the Bus Safety Act 2009 insert Schedule 1—

"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 or 284).

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.".

Division 2—Regulatory exemptions

12New section 67A inserted

After section 67 of the Bus Safety Act 2009 insert—

"67A   Regulatory exemptions

(1)Safe Transport Victoria, by written notice, may exempt a person from a requirement under this Act or the regulations (other than a requirement in a designated provision within the meaning of section 50) if Safe Transport Victoria is satisfied that—

(a)the person is substantially complying with the requirement; or

(b)the person has adequately achieved the purpose of the requirement; or

(c)the person's compliance with the requirement would, in the particular circumstances, be impracticable, unnecessary or inappropriate.

(2)An exemption may be either indefinite or for a specified period and either absolute or on specified conditions.

(3)Safe Transport Victoria may at any time suspend or cancel an exemption, or alter its period or its terms and conditions, by written notice given to the person given the exemption.".

PART 3—AMENDMENT OF COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017

Division 1—Review of decisions

13Cancellation of registration

For section 48(2) of the Commercial Passenger Vehicle Industry Act 2017 substitute—

"(2)A notice under subsection (1) must include a statement of reasons for the cancellation.".

14Surrender of registration

After section 49(3) of the Commercial Passenger Vehicle Industry Act 2017 insert—

"(3A)If the regulator imposes a condition under subsection (3), the regulator must inform the person that they have a right to seek review of the regulator's decision under Part 12.".

15Surrender of registration

After section 66(3) of the Commercial Passenger Vehicle Industry Act 2017 insert—

"(3A)If the regulator imposes a condition under subsection (3), the regulator must inform the person that they have a right to seek review of the regulator's decision under Part 12.".

16Surrender of driver accreditation

After section 84(5) of the Commercial Passenger Vehicle Industry Act 2017 insert—

"(5A)If the regulator imposes a condition under subsection (5), the regulator must inform the person that they have a right to seek review of the regulator's decision under Part 12.".

17Decision on taking disciplinary action

After section 218(4)(b) of the Commercial Passenger Vehicle Industry Act 2017 insert—

"(ba)the right to seek review of the regulator's decision to take the disciplinary action under Part 12; and".

18Reviewable decisions

In the Table to section 247(1) of the Commercial Passenger Vehicle Industry Act 2017—

(a)item 9 is repealed;

(b)after item 10 insert—

"10A Section 175 (amendment of improvement notice) The person on whom the notice is served".

19Determination of application for internal review

In section 250(2) of the Commercial Passenger Vehicle Industry Act 2017—

(a)in paragraph (b), for "based." substitute "based; and";

(b)after paragraph (b) insert—

"(c)the right to seek review of the regulator's decision under Division 3 of Part 12.".

20VCAT orders in relation to category 1 offenders

In section 253(1)(b) of the Commercial Passenger Vehicle Industry Act 2017, after "section 85" insert "after the person's application for the issue of a driver accreditation was refused on a ground set out in section 75(2)(b) or (c)".

Division 2—Information gathering and handling

21Restriction on disclosure or use of sensitive information

In section 255 of the Commercial Passenger Vehicle Industry Act 2017, after "Division" insert "or an information sharing arrangement under section 266".

22Information sharing

In section 266(1) of the Commercial Passenger Vehicle Industry Act 2017, after "exchanging information" insert ", including sensitive information,".

Division 3—Repeal of redundant provisions

23Matters to which regulator may have regard in considering application

(1)In section 73(1) of the Commercial Passenger Vehicle Industry Act 2017—

(a)in paragraph (b)(ii) , for "Act;" substitute "Act.";

(b)paragraph (c) is repealed.

(2)In section 73(2) of the Commercial Passenger Vehicle Industry Act 2017 omit "or (c)".

24Decision on application for driver accreditation

Section 75(2)(c)(ii) and (iii) of the Commercial Passenger Vehicle Industry Act 2017 are repealed.

25Mandatory cancellation of driver accreditations in certain cases

Section 219(1)(b)(ii) of the Commercial Passenger Vehicle Industry Act 2017 is repealed.

26Schedule 1—Categorised offences

Items 26 and 27 of Schedule 1 to the Commercial Passenger Vehicle Industry Act 2017 are repealed.

Division 4—Other amendments

27Definitions

In section 3 of the Commercial Passenger Vehicle Industry Act 2017, in the definition of driver accreditation, after "Part 5" insert "and in Part 9 includes an accreditation under Part 4A of the Bus Safety Act 2009".

28Offence for driver to provide services without accreditation

In section 70 of the Commercial Passenger Vehicle Industry Act 2017, for "accredited under this Part." substitute—

"accredited—

(a)under this Part; or

(b)under Part 4A of the Bus Safety Act 2009.".

29Matters to which regulator may have regard in considering application

In section 73(3) of the Commercial Passenger Vehicle Industry Act 2017, in paragraph (b) of the definition of transport offence, for "Part VI of the Transport (Compliance and Miscellaneous) Act 1983" substitute "Part 4A of the Bus Safety Act 2009".

30New section 214AA inserted

Before section 214 of the Commercial Passenger Vehicle Industry Act 2017 insert—

"214AA   Definition

In this Part—

permission holder includes an accredited driver under Part 4A of the Bus Safety Act 2009.".

31Statute law revision amendments

(1)In section 66(5) of the Commercial Passenger Vehicle Industry Act 2017, for "subsection (3)" substitute "subsection (4)".

(2)In section 110A of the Commercial Passenger Vehicle Industry Act 2017—

(a)in the definition of Melbourne Metropolitan Zone, for "2017;" substitute "2017);";

(b)in the definition of Urban and Large Regional Zone, for "2017." substitute "2017).".

(3)In Part 3 of Schedule 1 to the Commercial Passenger Vehicle Industry Act 2017—

(a)in item 33, for "33" substitute "33.";

(b)in item 34, for "34" substitute "34.";

(c)in item 35, for "35" substitute "35.".

PART 4—AMENDMENT OF MARINE (DOMESTIC COMMERCIAL VESSEL NATIONAL LAW APPLICATION) ACT 2013

32Victorian regulations

After section 21(1)(b) of the Marine (Domestic Commercial Vessel National Law Application) Act 2013 insert—

"(ba)prescribing matters that are designated or otherwise specified for the purposes of Part B of the National Standard for Commercial Vessels; and

Note

See section 3(2). The term National Standard for Commercial Vessels is defined under the Commonwealth domestic commercial vessel national law. See also section 164 of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.".

PART 5—AMENDMENT OF ROAD MANAGEMENT ACT 2004

33Definitions

In section 3(1) of the Road Management Act 2004, the definition of Infrastructure Reference Panel is repealed.

34Making of Codes of Practice

(1)In section 28(3) of the Road Management Act 2004, for "with the relevant utility Ministers and with the Infrastructure Reference Panel" substitute—

"with—

(a)the relevant utility Ministers; and

(b)any road authority, utility or provider of public transport that is likely to be materially affected, or, as the case requires, a body or bodies that represent the interests of any road authority, utility or provider of public transport that is likely to be materially affected, by the Code of Practice to be made".

(2)In section 28(3A) of the Road Management Act 2004, for "with the Minister for Public Transport and with the Infrastructure Reference Panel" substitute—

"with—

(a)the Minister for Public Transport; and

(b)any road authority, utility or provider of public transport that is likely to be materially affected, or, as the case requires, a body or bodies that represent the interests of any road authority, utility or provider of public transport that is likely to be materially affected, by the Code of Practice to be made".

(3)After section 28(4) of the Road Management Act 2004 insert—

"(5)A Code of Practice made under this section is not invalidated by reason only of a failure to comply with the requirements under subsections (3)(b) and (3A)(b).".

35Sections 31 and 32 repealed

Sections 31 and 32 of the Road Management Act 2004 are repealed.

36Regulations

For section 132(5) of the Road Management Act 2004 substitute—

"(5)Before regulations are made under this Act for the purposes of subsection (3), the Minister must ensure that there is consultation with—

(a)any road authority, utility or provider of public transport that is likely to be materially affected by the regulations to be made; or

(b)as the case requires, a body or bodies that represent the interests of any road authority, utility or provider of public transport that is likely to be materially affected by the regulations to be made.

(5A)Regulations made under this section are not invalidated by reason only of a failure to comply with the requirement under subsection (5).".

PART 6—AMENDMENT OF ROAD SAFETY ACT 1986

37Definitions

In section 3(1) of the Road Safety Act 1986 insert the following definitions—

"bicycle has the same meaning as in the Road Rules;

electric scooter has the same meaning as in the Road Rules;

municipal district has the same meaning as in the Local Government Act 2020;

pedestrian has the same meaning as in the Road Rules;".

38Definitions

In section 16AA of the Road Safety Act 1986—

(a)insert the following definitions—

"advertising complaints body means—

(a)the Australian Association of National Advertisers ACN 003 179 673; or

(b)another body prescribed for the purposes of this paragraph;

panel means a panel, board, jury or body (by whatever name called) that—

(a)is appointed by the advertising complaints body or another body prescribed for the purposes of this paragraph; and

(b)has the function of considering complaints about advertising, made by members of the public, to determine whether the advertising breaches the advertising code;";

(b)the definitions of Ad Standards and board are repealed.

39Advertising breach notice

(1)In section 16AB(1) of the Road Safety Act 1986—

(a)for "Ad Standards" substitute "The advertising complaints body";

(b)in paragraphs (a) and (b), for "board" substitute "panel".

(2)In section 16AB(3) of the Road Safety Act 1986, for "Ad Standards" substitute "The advertising complaints body".

40Registration cancellation notice

In section 16AC(1)(a) and (b) of the Road Safety Act 1986, for "Ad Standards" substitute "the advertising complaints body".

41Withdrawal of advertising breach notice

In section 16AD(1)(b) and (2)(b)(i) of the Road Safety Act 1986, for "Ad Standards" substitute "the advertising complaints body".

42Driver licences

In section 19(7) of the Road Safety Act 1986, for "section 52(1B) or (1BB)" substitute "section 52(1B), (1BB), (1BBB) or (1BBC)".

43Exemption from, or removal of, alcohol interlock condition on medical grounds

Section 50AAAD(5) of the Road Safety Act 1986 is repealed.

44Zero blood or breath alcohol

(1)In section 52(1) of the Road Safety Act 1986—

(a)for "authorises the holder" substitute "authorises the person";

(b)for paragraph (a) substitute—

"(a)who does not hold a full driver licence—

(i)only because the person failed to renew their full driver licence; and

(ii)the person was driving or in charge of the motor vehicle during the first 6 months after failing to renew that licence; or";

(c)in paragraph (b)(i)(B), for "permit;" substitute "permit; and".

(2)After section 52(1BBA) of the Road Safety Act 1986 insert—

"(1BBB)This section also applies to a person granted a driver licence or learner permit on which an alcohol interlock condition is imposed under section 31KA or 31KB, or by reason of an alcohol interlock condition direction under section 50AAA, for the period of 3 years from the day on which that condition is removed under section 50AAAB or 50AAAD.

(1BBC)This section also applies to a person granted a driver licence or learner permit on which an alcohol interlock condition would have been imposed, if not for an exemption under section 50AAAD, for the period of 3 years from the day on which that exemption is granted.".

45General duty of driver or person in charge of motor vehicle

(1)In section 59(1)(ab) of the Road Safety Act 1986, for "officer;" substitute "officer; and".

7.108In section 229(1)(b), (2)(d), (3)(b) and (4)(b), for "the Safety Director" substitute "Safe Transport Victoria".

7.109In section 233(2), for "the Safety Director" substitute "Safe Transport Victoria".

7.110In section 234(2), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria".

7.111In section 235(2)—

(a)for "The Safety Director" substitute "Safe Transport Victoria";

(b)for "the Safety Director" substitute "Safe Transport Victoria".

7.112In section 240—

(a)in subsections (1) and (2)(a), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria".

7.113In section 241—

(a)in subsection (1), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria";

(b)in subsection (2), for "the Safety Director" substitute "Safe Transport Victoria".

7.114In section 243, for "The Safety Director" substitute "Safe Transport Victoria".

7.115In section 244—

(a)in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria";

(b)in subsections (2)(f) and (3), for "the Safety Director" substitute "Safe Transport Victoria".

7.116In the heading to section 245, for "the Safety Director" substitute "Safe Transport Victoria".

7.117In section 245, for "the Safety Director" substitute "Safe Transport Victoria".

7.118In the heading to section 247A, for "Safety Director" substitute "Safe Transport Victoria".

7.119In section 247A, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria".

7.120In section 249(a), for "the Safety Director" substitute "Safe Transport Victoria".

7.121In section 250, for "The Safety Director" substitute "Safe Transport Victoria".

7.122In the note at the foot of section 250, for "the Safety Director" substitute "Safe Transport Victoria".

7.123In section 251—

(a)in subsections (1) and (2)(a), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria".

7.124In section 252, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria".

7.125In section 252A, for "The Safety Director" substitute "Safe Transport Victoria".

7.126In section 253—

(a)in subsections (1) and (2)(a), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria".

7.127In section 254, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria".

7.128In the heading to Division 1 of Part 8.1, for "The Safety Director" substitute "Safe Transport Victoria".

7.129In the heading to section 258, for "the Safety Director" substitute "Safe Transport Victoria".

7.130In section 258—

(a)in subsection (1), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in the note at the foot of subsection (1), for "The Safety Director" substitute "Safe Transport Victoria";

(c)in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria".

7.131In the heading to section 259, for "the Safety Director" substitute "Safe Transport Victoria".

7.132In section 259—

(a)in subsection (1)—

(i)for "the Director" substitute

"Safe Transport Victoria";

(ii)for "the Safety Director" substitute "Safe Transport Victoria";

(iii)for "him or her to carry out his or her" substitute "Safe Transport Victoria to carry out its";

(b)in subsection (2), for "the Safety Director must not exercise any of his or her" substitute "Safe Transport Victoria must not exercise any of its".

7.133In section 260—

(a)in subsections (1) and (3), for "The Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (1), for "the Safety Director" substitute "Safe Transport Victoria".

7.134In the heading to section 261, for "Safety Director" substitute "Safe Transport Victoria".

7.135In section 261—

(a)in subsection (1), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria".

7.136In the heading to section 262, for "Safety Director" substitute "Safe Transport Victoria".

7.137In section 262—

(a)in subsection (1)(a) and (b), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subsections (1)(a) and (2), for "the Director" substitute "Safe Transport Victoria";

(c)in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria".

7.138In section 263—

(a)for "The Safety Director" substitute "Safe Transport Victoria";

(b)in paragraph (b), for "the Safety Director" substitute "Safe Transport Victoria".

7.139In section 264—

(a)in subsections (1) and (2), for "The Safety Director" substitute "Safe Transport Victoria";

(b)for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria".

7.140In section 265(1)(a) and (2)(a), for "the Safety Director" substitute "Safe Transport Victoria".

7.141In section 266—

(a)in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (2), for "the Safety Director" substitute "Safe Transport Victoria".

7.142In section 267(2), for "The Safety Director" substitute "Safe Transport Victoria".

7.143In the heading to section 268, for "Safety Director" substitute "Safe Transport Victoria".

7.144In section 268(1), (2), (4) and (5), for "The Safety Director" substitute "Safe Transport Victoria".

7.145In section 269—

(a)in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (2), for "the Safety Director" substitute "Safe Transport Victoria".

7.146In the heading to section 270, for "Safety Director" substitute "Safe Transport Victoria".

7.147In section 270, for "the Safety Director" substitute "Safe Transport Victoria".

7.148In section 271(1), for "the Safety Director" substitute "Safe Transport Victoria".

7.149In section 271D(1), for "the Safety Director" substitute "Safe Transport Victoria".

7.150In section 271E—

(a)in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (2), for "the Safety Director's" substitute "Safe Transport Victoria's".

7.151In section 271F—

(a)in subsections (1), (2) and (3)(a), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria".

7.152In the heading to section 279, for "Safety Director" substitute "Safe Transport Victoria".

7.153In section 279(1) and (3), for "The Safety Director" substitute "Safe Transport Victoria".

7.154In the heading to section 280, for "Safety Director" substitute "Safe Transport Victoria".

7.155In section 280—

(a)in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (2), for "the Safety Director" substitute "Safe Transport Victoria";

(c)in subsection (3), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria".

7.156In the heading to section 281, for "Safety Director" substitute "Safe Transport Victoria".

7.157In section 281—

(a)in subsections (1) and (2), for "The Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (2), for "the Safety Director" substitute "Safe Transport Victoria".

7.158In section 288(1)—

(a)in the definition of eligible person, in paragraph (c), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in the definition of reviewable decision, for "the Safety Director" substitute "Safe Transport Victoria".

7.159In section 289—

(a)for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria";

(b)in paragraphs (4), (7) and (9), for "The Safety Director" substitute "Safe Transport Victoria";

(c)in subsection (6), for "his or her" substitute "its";

(d)in subsection (9), for "he or she" substitute "it".

7.160In section 290(1)(b), for "the Safety Director" substitute "Safe Transport Victoria".

7.161In section 292—

(a)in subsection (1)(b), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (2), for "the Safety Director" (where first occurring) substitute "Safe Transport Victoria";

(c)in subsection (2)(b), for "the Safety Director" substitute "Safe Transport Victoria".

7.162In section 294(1) and (3), for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria".

7.163In section 298A—

(a)in the definition of information protection agreement, for "the Safety Director" substitute "Safe Transport Victoria";

(b)in the definition of relevant person, in paragraphs (a) and (b), for "the Safety Director" substitute "Safe Transport Victoria".

7.164In section 298B(1)(a)—

(a)for "the Safety Director" substitute "Safe Transport Victoria";

(b)for "the Safety Director's" substitute "Safe Transport Victoria's".

7.165In section 298C(1), for "the Safety Director" substitute "Safe Transport Victoria".

7.166In section 298D(2) and (3)—

(a)for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria";

(b)for "the Safety Director's" substitute "Safe Transport Victoria's".

7.167In section 298E—

(a)in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria";

(b)for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria".

7.168In section 298F, for "the Safety Director" substitute "Safe Transport Victoria".

7.169In the note at the foot of section 298F, for "The Safety Director" substitute "Safe Transport Victoria".

7.170In section 298H, for "the Safety Director" substitute "Safe Transport Victoria".

7.171In section 303(1), in the definition of authorised person, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria".

7.172In section 304(1), in the definition of relevant person, for "the Safety Director" substitute "Safe Transport Victoria".

7.173In the heading to section 307, for "Safety Director" substitute "Safe Transport Victoria".

7.174In section 307(1) and (2), for "The Safety Director" substitute "Safe Transport Victoria".

7.175In section 309(1)(m) and (n) and (4), for "the Safety Director" substitute "Safe Transport Victoria".

7.176In section 310(1)(a), (ab) and (b), for "the Safety Director" substitute "Safe Transport Victoria".

7.177In the heading to Schedule 1, for "the Safety Director" substitute "Safe Transport Victoria".

7.178In Schedule 1—

(a)in item 23, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria";

(b)in item 24, for "the Safety Director" substitute "Safe Transport Victoria";

(c)in item 25, for "the Safety Director" substitute "Safe Transport Victoria";

(d)in item 26, for "the Safety Director" substitute "Safe Transport Victoria";

(e)in item 27, for "the Safety Director" substitute "Safe Transport Victoria";

(f)in item 30—

(i)in paragraph (a), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria";

(ii)in paragraph (b), for "the Safety Director" substitute "Safe Transport Victoria".

7.179In Schedule 2—

(a)in item 10A(d), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in item 32, for "the Safety Director" substitute "Safe Transport Victoria";

(c)in item 33, for "the Safety Director" substitute "Safe Transport Victoria";

(d)in item 82, for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria".

8Ombudsman Act 1973

8.1In Schedule 1, for item 8 substitute—

"8 Office of Safe Transport Victoria Chief Executive of Safe Transport Victoria Minister administering Part 5 of the Transport Integration Act 2010".

8.2In Schedule 3, for item 14 substitute—

"14Safe Transport Victoria".

9Port Management Act 1995

9.1In section 3(1)—

(a)the definition of Director, Transport Safety is repealed;

(b)in the definition of licensed harbour master, for "the Director, Transport Safety" substitute "Safe Transport Victoria";

(c)insert the following definition—

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

9.2In section 44A(3)(c) and (e), for "the Director, Transport Safety" substitute "Safe Transport Victoria".

9.3In section 55(2), for "the Director, Transport Safety" substitute "Safe Transport Victoria".

9.4In section 73B(5), for "the Director, Transport Safety" substitute "Safe Transport Victoria".

9.5In section 73ZC—

(a)in the definition of pilotage service standards, for "section 73ZK;" substitute "section 73ZK.";

(b)the definition of Safety Director is repealed.

9.6In section 73ZI(1), for "the Safety Director" substitute "Safe Transport Victoria".

9.7In section 84(5), for "the Director, Transport Safety" substitute "Safe Transport Victoria".

9.8In section 88A(1), for "the Director, Transport Safety" substitute "Safe Transport Victoria".

9.9In section 91AA—

(a)in subsection (1), for "the Director, Transport Safety" substitute "Safe Transport Victoria";

(b)in subsection (2), for "The Director, Transport Safety" substitute "Safe Transport Victoria".

9.10In section 93(1)(a), (c) and (d), for "the Director, Transport Safety" substitute "Safe Transport Victoria".

9.11In section 117, for paragraph (b) of the definition of designated agency substitute—

"(b)Safe Transport Victoria;".

10Public Administration Act 2004

10.1Section 16(1)(ba) is repealed.

11Rail Management Act 1996

11.1In section 3(1), the definition of Safety Director is repealed.

12Rail Safety National Law Application Act 2013

12.1In section 3(1)—

(a)in the definition of Road Rules, for "1986;" substitute "1986.";

(b)the definition of Safety Director is repealed.

13Road Safety Act 1986

13.1In section 3(1)—

(a)the definition of CPVC is repealed;

(b)insert the following definition—

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

13.2In section 33—

(a)in subsections (1), (2), (4), (10) and (11), for "The Head, Transport for Victoria" substitute "Safe Transport Victoria";

(b)in subsections (1), (2)(b), (5), (6)(b), (7)(b) and (c), (10), (13), (14)(b), 15(b) and (c) and (16), for "the Head, Transport for Victoria" (wherever occurring) substitute "Safe Transport Victoria";

(c)in subsection (2)(b), for "the Head, Transport for Victoria's" substitute "Safe Transport Victoria's".

13.3In section 77—

(a)in subsection (2)(c), for "the CPVC" substitute "Safe Transport Victoria";

(b)in subsection (3), for "the CPVC" (where twice occurring) substitute "Safe Transport Victoria".

13.4In section 84, for "the CPVC" (wherever occurring) substitute "Safe Transport Victoria".

13.5In section 90I, the definition of Safety Director is repealed.

14Spent Convictions Act 2021

14.1In Table 1 at the foot of section 22, in column 1—

(a)for "Commercial Passenger Vehicle Commission" (where twice occurring) substitute "Safe Transport Victoria";

(b)for "Director, Transport Safety" (where twice occurring) substitute "Safe Transport Victoria".

15Sustainable Forests (Timber) Act 2004

15.1In section 3, in the definition of transport authority, in paragraph (d), for "the Director, Transport Safety" substitute "Safe Transport Victoria".

16Taxation Administration Act 1997

16.1In section 92(1)(e)(iic), for "the Commercial Passenger Vehicle Commission (established by section 115B of the Transport Integration Act 2010)" substitute "Safe Transport Victoria within the meaning of section 3 of the Transport Integration Act 2010".

17Transport (Compliance and Miscellaneous) Act 1983

17.1In section 2(1)—

(a)insert the following definitions—

"Chief Executive of Safe Transport Victoria means the person appointed as the Chief Executive of Safe Transport Victoria under section 115H of the Transport Integration Act 2010;

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

(b)the definitions of Commercial Passenger Vehicle Commission, CPVC and Safety Director are repealed;

(c)in the definition of licensing authority, for "the Commercial Passenger Vehicle Commission" substitute "Safe Transport Victoria";

(d)in the definition of mandatory bus safety decision, in paragraphs (a), (b) and (c), for "the Safety Director" substitute "Safe Transport Victoria";

(e)in the definition of mandatory marine safety decision, in paragraphs (a) and (b), for "the Safety Director" substitute "Safe Transport Victoria".

17.2In section 84(a)(iv), for "the Safety Director" substitute "Safe Transport Victoria".

17.3In section 85A(c), for "the Safety Director" substitute "Safe Transport Victoria".

17.4For section 212(1A)(ab) substitute—

"(ab)a person employed in Safe Transport Victoria appointed in writing by Safe Transport Victoria to issue infringement notices; or".

17.5In section 225(1), in the definition of officer, in paragraph (a), for "the Commercial Passenger Vehicle Commission" substitute "Safe Transport Victoria".

17.6In section 230(4)—

(a)for "chief executive officer of the Commercial Passenger Vehicle Commission" (where twice occurring) substitute "Chief Executive of Safe Transport Victoria";

(b)for "that Commission" substitute "Safe Transport Victoria".

18Transport (Safety Schemes Compliance and Enforcement) Act 2014

18.1In section 3—

(a)insert the following definitions—

"Chief Executive of Safe Transport Victoria means the person appointed as the Chief Executive of Safe Transport Victoria under section 115H of the Transport Integration Act 2010;

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

(b)the definition of Safety Director is repealed.

18.2In section 6(5)(e), for "the Safety Director" substitute "Safe Transport Victoria".

18.3In section 33—

(a)in subsections (1), (2), (3) and (5)(a), for "Safety Director" substitute "Chief Executive of Safe Transport Victoria";

(b)in subsections (4) and (8), for "Safety Director" (where twice occurring) substitute "Chief Executive of Safe Transport Victoria".

18.4In section 34—

(a)in subsection (1), for "Safety Director" substitute "Chief Executive of Safe Transport Victoria";

(b)in subsections (2) and (4), for "Safety Director" (where twice occurring) substitute "Chief Executive of Safe Transport Victoria".

18.5In section 38(1), for "Safety Director" substitute "Chief Executive of Safe Transport Victoria".

18.6In section 39, for "Safety Director" substitute "Chief Executive of Safe Transport Victoria".

18.7In section 50(3), for "the Safety Director" substitute "Safe Transport Victoria".

18.8In section 54(1), for "the Safety Director" substitute "Safe Transport Victoria".

18.9In section 55(1), for "the Safety Director" substitute "Safe Transport Victoria".

18.10In section 56—

(a)in subsections (1) and (3), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria".

18.11In section 64(1), for "the Safety Director" substitute "Safe Transport Victoria".

18.12In section 65(1), for "the Safety Director" substitute "Safe Transport Victoria".

18.13In section 66—

(a)in subsections (1), (3) and (4), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria".

18.14In the heading to section 68, for "Safety Director" substitute "Safe Transport Victoria".

18.15In section 68(2)—

(a)for "The Safety Director" substitute "Safe Transport Victoria";

(b)for "the Safety Director" substitute "Safe Transport Victoria";

(c)in subsection (2)(a), for "the Safety Director's" substitute "Safe Transport Victoria's".

18.16In the heading to section 69, for "Safety Director" substitute "Safe Transport Victoria".

18.17In section 69—

(a)in subsection (1)(a) and (b), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria".

18.18In section 70—

(a)for "The Safety Director" substitute "Safe Transport Victoria";

(b)for "the Safety Director" substitute "Safe Transport Victoria".

18.19In section 82(1) and (2), for "The Safety Director" substitute "Safe Transport Victoria".

18.20In section 83, for "Safety Director" (wherever occurring) substitute "Chief Executive of Safe Transport Victoria".

18.21In section 84—

(a)for "The Safety Director" substitute "Safe Transport Victoria";

(b)in paragraph (a), for "the Safety Director's" substitute "Safe Transport Victoria's".

18.22In section 85—

(a)in paragraph (a), for "Safety Director's" substitute "Chief Executive of Safe Transport Victoria's";

(b)in paragraph (b), for "Safety Director" substitute "Chief Executive of Safe Transport Victoria".

18.23In section 87—

(a)in subsections (1) and (3)(c), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria";

(b)in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria".

18.24In section 88(1), for "the Safety Director" substitute "Safe Transport Victoria".

18.25In section 89—

(a)in subsection (3), for "The Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (4), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria".

18.26In section 90—

(a)in subsection (1), for "the Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (2), for "The Safety Director" substitute "Safe Transport Victoria".

18.27In the heading to section 100, for "Safety Director" substitute "Safe Transport Victoria".

18.28In section 100—

(a)for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria";

(b)in subsections (2), (6) and (8), for "The Safety Director" substitute "Safe Transport Victoria";

(c)in subsection (5), for "the Safety Director's" substitute "Safe Transport Victoria's".

18.29In the heading to section 101, for "Safety Director" substitute "Safe Transport Victoria".

18.30In section 101—

(a)in subsection (1), for "The Safety Director" substitute "Safe Transport Victoria";

(b)in subsection (1)(a), for "the Safety Director's" substitute "Safe Transport Victoria's";

(c)in subsection (3), for "the Safety Director" (where twice occurring) substitute "Safe Transport Victoria".

18.31In section 102(1)(a) and (b) and (2)(b), for "the Safety Director" substitute "Safe Transport Victoria".

18.32In section 105(1)(a) and (b) and (4)(a), for "the Safety Director" substitute "Safe Transport Victoria".

18.33In section 106(a), for "the Safety Director" substitute "Safe Transport Victoria".

18.34In section 107(1), for "the Safety Director" substitute "Safe Transport Victoria".

18.35In section 109(1), for "the Safety Director" substitute "Safe Transport Victoria".

18.36In section 110, for "the Safety Director" (wherever occurring) substitute "Safe Transport Victoria".

18.37In section 111(1) and (4)(a), for "the Safety Director" substitute "Safe Transport Victoria".

18.38In section 112(1) and (2)(b), for "the Safety Director" substitute "Safe Transport Victoria".

18.39In section 113(3)(a) and (c), for "the Safety Director" substitute "Safe Transport Victoria".

18.40In section 114(c), for "the Safety Director" substitute "Safe Transport Victoria".

18.41In the heading to Part 7, for "The Safety Director" substitute "Safe Transport Victoria".

18.42In the heading to Division 1 of Part 7, for "The Safety Director" substitute "Safe Transport Victoria".

18.43In the heading to section 115, for "Safety Director" substitute "Chief Executive of Safe Transport Victoria".

18.44In section 115(1) and (2), for "Safety Director" substitute "Chief Executive of Safe Transport Victoria".

18.45In section 116(1), for "The Safety Director" substitute "Safe Transport Victoria".

18.46In section 117(1), for "The Safety Director" substitute "Safe Transport Victoria".

18.47In section 118, for "the Safety Director" substitute "Safe Transport Victoria".

18.48In the heading to section 121, for "Safety Director's" substitute "Safe Transport Victoria's".

18.49In section 121(1), for "The Safety Director" substitute "Safe Transport Victoria".

18.50In section 128(2)—

(a)for "The Safety Director" substitute "Safe Transport Victoria";

(b)for "the Safety Director" substitute "Safe Transport Victoria".

18.51In section 131(2), in the definition of address for service, for "the Safety Director" substitute "Safe Transport Victoria".

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ENDNOTES

1   General information

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

Minister's second reading speech—

Legislative Assembly: 18 October 2023

Legislative Council: 2 November 2023

The long title for the Bill for this Act was "A Bill for an Act to amend the Bus Safety Act 2009, the Commercial Passenger Vehicle Industry Act 2017, the Marine (Domestic Commercial Vessel National Law Application) Act 2013, the Road Management Act 2004, the Road Safety Act 1986, the Sentencing Act 1991, the Transport Accident Act 1986, the Transport (Compliance and Miscellaneous) Act 1983, the Transport Integration Act 2010 and other Acts and for other purposes."