Transport Legislation Miscellaneous Amendments Act 2021 (Vic)

Transport Legislation Miscellaneous Amendments Act 2021

No. 30 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Bus Safety Act 2009

Division 1—Bus accreditation

3Definitions

4Bus safety inspections

5Part 4 substituted

6Alcohol and drug management policy

7Form and content of alcohol and drug management policy

8Review by VCAT

9Notification of incidents

10Criminal liability of officers of bodies corporate—failure to exercise due diligence

11Accreditation and registration

Division 2—Compliance and enforcement policy

12New Division 1AA of Part 8 inserted

Division 3—Regulations

13New section 76A inserted

Division 4—Transitional provisions

14New Division 4 of Part 8 inserted

Part 3—Amendment of Commercial Passenger Vehicle Industry Act 2017

15Definitions

16Availability of approved codes of practice

17Tabling and disallowance of approved codes of practice

18New section 38A inserted

19Decision on application for driver accreditation

20Regulator must notify applicant of decision

21Offence not to notify of suspension or cancellation of driver accreditation

22Offence to retain certificate if accreditation suspended or cancelled

22APrice determinations

23Disciplinary actions that may be taken in relation to permissions

24Mandatory suspension of driver accreditation if driver licence suspended or cancelled

25Reinstatement of driver accreditation following reinstatement of driver licence

26Person whose driver licence or probationary licence is suspended or cancelled must notify the regulator

27Reviewable decisions

28New section 260A inserted

Part 4—Amendment of Road Management Act 2004

29Power to declare and name a road

30New sections 135A and 135B inserted

Part 5—Amendment of Road Safety Act 1986

31Definitions

32Non-transfer of registration

33Offence if driver not licensed

34Issue of driver licence or learner permit to holder of licence or permit issued outside Victoria

35Secretary may retain and check validity of licence documents

36New section 18AB inserted

37Driver licences

38Direction not to grant or renew licence

39Cancellation, suspension or variation of licences and permits by Secretary

40Reduction in period for which a person is ineligible to be granted a driver licence or learner permit

41Power of court to cancel, suspend or vary licences and permits

42Effect of suspension of licence or permit

43Offence to drive while disqualified etc.

44Interpretation for the purposes of Part 4 (Demerit points)

45Offences involving alcohol or other drugs

46Offence to consume intoxicating liquor while driving

47Section 49C substituted

48Provisions about cancellation and disqualification

49Offences and immobilisation orders

50New sections 50AAEC and 50AAED inserted

51Zero blood or breath alcohol

52Zero blood or breath alcohol

53New sections 58KA and 58KB inserted

54Duty to produce driver licence for inspection

55General duty of driver or person in charge of motor vehicle

56Duty of owner of motor vehicle to give information about driver

57Duty of owner of trailer to give information

58Use of effective statement to avoid liability

59Failure to give effective statement

60New sections 84BQA and 84BQB inserted

61Definitions for the purposes of Part 6A

62Content and copies of notice

63Surrender of licence or permit document

64New Part 6C inserted

65Service of parking infringement notices

66Parking in council controlled areas

67Administrative fees

68New section 103ZLB inserted

69Schedule 2—Subject-matter for regulations

Part 6—Amendment of Transport Integration Act 2010

70Definitions

71Power of Treasurer to execute guarantee

Part 7—Amendment of Victorian Fisheries Authority Act 2016

72Definitions

73Objectives of the Authority

74Functions of the Authority

75Powers of the Authority

76Role of the Minister

77Role of the Secretary

78Appointment of directors to Board

79Vacancies, resignations, removal from office

80Acting appointments

81Disclosure of information

82Annual report

83Reporting to the fisheries sectors

84Application of Conservation, Forests and Lands Act 1987 to the Authority

85New sections 45A and 45B inserted

Part 8—Amendments to other Acts

Division 1—Criminal Procedure Act 2009

86Schedule 2—Indictable offences that may be heard and determined summarily

Division 2—Fisheries Act 1995

87Offences under Victorian Fisheries Authority Act 2016 to be associated offences for the purposes of Part 7

88Offences

Division 3—Marine Safety Act 2010

89Definitions

Division 4—Rail Management Act 1996

90Definitions

91Declaration of persons to be access providers

92Requests for access

93Order relating to power to stop traffic

Division 5—Sentencing Act 1991

94Definitions

95Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences

96Suspension or cancellation of driver licence or learner permit and driver disqualification—any offence

Division 6—Transport (Compliance and Miscellaneous) Act 1983

97Definitions

Division 7—Transport Legislation Amendment Act 2020

98Victorian Rail Track powers to lease certain Crown land

Division 8—Transport (Safety Schemes Compliance and Enforcement) Act 2014

99Definitions

100Evidentiary certificates—this Act or transport safety laws

101Offence to hinder or obstruct transport safety officer

102Offence to assault, threaten or intimidate transport safety officer

103Service of documents

Part 9—Repeal of this Act

104Repeal of this Act

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Endnotes

1      General information

Transport Legislation Miscellaneous Amendments Act 2021

No. 30 of 2021

[Assented to 10 August 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Bus Safety Act 2009 to require all operators of bus services to be accredited; and

(b)to make miscellaneous amendments to the Commercial Passenger Vehicle Industry Act 2017 to improve the operation of that Act; and

(c)to amend the Road Management Act 2004 to make further provision for the compulsory acquisition of land for the purposes of a pathway which is being developed as part of the Alphington Link project; and

(d)to make miscellaneous amendments to the Road Safety Act 1986 to improve the operation of that Act, including providing for the immediate disqualification of non-Victorian licence or permit holders and unlicensed drivers from obtaining a driver licence or learner permit for a specified period after the commission of certain offences; and

(e)to amend the Transport Integration Act 2010 to extend the circumstances in which the Treasurer can execute a guarantee of a contract; and

(f)to amend the Victorian Fisheries Authority Act 2016 to expand the Victorian Fisheries Authority's functions to include functions in relation to recreational boating; and

(g)to amend the Transport Legislation Amendment Act 2020 to make further provision in relation to Victorian Rail Track's leasing powers; and

(h)to make related and miscellaneous amendments to other Acts within the transport portfolio and other Acts.

2Commencement

(1)This Part and Part 4, sections 22A, 32, 38 and 39, 62 and 63, 67 and 69, Part 6, Divisions 4 and 7 of Part 8, section 94 and Part 9 come into operation on the day after the day on which this Act receives the Royal Assent.

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

(3)If a provision referred to in subsection (2) does not come into operation before 1 March 2022, it comes into operation on that day.

Part 2—Amendment of Bus Safety Act 2009

Division 1—Bus accreditation

3Definitions

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

(a)insert the following definitions—

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

bus safety law means—

(a)this Act or the regulations; or

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

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

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

(b)in the definition of relevant person omit "commercial bus service or local";

(c)in the definition of Department omit ", Planning and Local Infrastructure".

(2)In section 3(1) of the Bus Safety Act 2009, the definitions of applicable pre-1973 fraud or dishonesty offence, approved training course, disqualifying offence, registered bus operator, specified indictable fraud or dishonesty offence, tier 1 offence, tier 2 offence and tier 3 offence are repealed.

4Bus safety inspections

(1)In section 19(1) of the Bus Safety Act 2009, for "the commercial bus service or local" substitute "a".

(2)Section 19(2) of the Bus Safety Act 2009 is repealed.

(3)In section 19(3) of the Bus Safety Act 2009 omit "or registered bus operator".

5Part 4 substituted

For Part 4 of the Bus Safety Act 2009 substitute—

"Part 4—Accreditation

Division 1—Preliminary

21Purpose of accreditation

The purpose of accreditation under this Part is to—

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

(i)the operators of bus services; and

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

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

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

Division 2—Bus operator accreditation

22Offence if operator of bus service is not accredited

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

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

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

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

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

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

23Application for accreditation

(1)An operator of a bus service may apply to the Safety Director for accreditation to operate that bus service.

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

(a)be made in the manner and form determined by the Safety Director; and

(b)be accompanied by—

(i)the application fee; and

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

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

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

(3)The Safety Director may require any one or more of the following from the applicant in relation to the application—

(a)to do a thing specified by the Safety Director that the Safety Director reasonably requires in order to assess the application;

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

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

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

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

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

(5)The application must be signed—

(a)if the applicant is a body corporate—

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

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

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

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

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

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

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

24Decision on application for accreditation

(1)The Safety Director must accredit an applicant if satisfied that—

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

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

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

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

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

25Accreditation to be refused in certain circumstances

The Safety Director must refuse to accredit an applicant if—

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

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

26Accreditation may be refused in certain circumstances

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

27Disqualification from ability to apply for accreditation

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

(2)The period determined by the Safety Director under subsection (1) must not exceed 5 years.

28Notification and reasons to be given if accreditation refused

(1)If the Safety Director decides to refuse to accredit an applicant, the Safety Director must—

(a)notify the applicant—

(i)of that refusal; and

(ii)if the Safety Director has made a determination under section 27, of the disqualification; and

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

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

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

(a)in writing; and

(b)given to the applicant as soon as practicable after the Safety Director makes the decision.

Division 3—Provisions relating to accreditation

29Classes of accreditation

The Safety Director may determine different classes of accreditation which are to apply in respect of different types of bus services.

30Issue of certificate of accreditation

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

(a)is in the form approved by the Safety Director; and

(b)specifies the following—

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

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

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

(iv)the class of accreditation;

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

(vi)any additional information that the Safety Director considers appropriate.

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

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

(a)notify the Safety Director of the recovery; and

(b)return the recovered certificate to the Safety Director unless informed by the Safety Director that it is not necessary to do so.

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

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

31Conditions on accreditation

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

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

(b)any prescribed conditions;

(c)any other conditions imposed by the Safety Director.

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

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

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

(ii)comply with prescribed requirements;

(b)an accredited bus operator must—

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

(ii)produce that certificate if the Safety Director requests that the certificate be produced; and

(iii)if the operator ceases to operate the bus service, return the certificate of accreditation to the Safety Director;

(c)an accredited bus operator must notify the Safety Director if—

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

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

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

(d)a person must not be permitted to drive a bus for a commercial bus service or local bus service unless that person holds a driver accreditation under Division 6 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983;

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

(3)The Safety Director may, if the Safety Director considers it necessary or desirable to ensure safety, impose conditions on accreditation that are—

(a)general conditions declared by the Safety Director; or

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

(c)imposed on a case by case basis.

(4)If the Safety Director intends to impose general conditions of accreditation under subsection (3)(a) or (3)(b), the Safety Director must—

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

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

(5)The Safety Director must have regard to any submissions received under subsection (4) before declaring the general conditions.

(6)The Safety Director must publish any general conditions declared under subsection (3)(a) or (3)(b) in the Government Gazette.

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

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

32Offence to fail to comply with conditions of accreditation

An accredited bus operator must comply with—

(a)any condition imposed on the accreditation; and

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

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

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

33Time within which Safety Director must make decision whether to accredit operator

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

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

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

34Accreditation lasts until cancelled or surrendered

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

35Accreditation cannot be transferred

(1)An accreditation—

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

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

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

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

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

36Requirements relating to drivers who hold probationary driver licences

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

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

36AAnnual accreditation fee

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

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

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

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

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

Penalty:60 penalty units.

(2)In subsection (1)—

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

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

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

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

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

(b)in any other case—

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

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

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

Division 4—Variation and surrender of accreditation

37Accredited bus operator may apply for variation

(1)An accredited bus operator may apply to the Safety Director to—

(a)vary any of the following—

(i)a condition of an accreditation;

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

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

(b)revoke a condition of an accreditation.

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

(a)be in the form approved by the Safety Director; and

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

(3)The Safety Director must consider an application received under this section within 3 months of receiving the application.

(4)The Safety Director may, as the case requires—

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

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

(c)make any variation to the accreditation that the Safety Director considers appropriate.

(5)If the Safety Director refuses to grant a variation or refuses to agree to a revocation, the Safety Director must—

(a)notify the accredited bus operator—

(i)of that refusal; and

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

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

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

(a)in writing; and

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

38Accredited bus operator to notify of relevant changes in circumstances

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Penalty:20 penalty units.

39Variation of accreditation on Safety Director's own initiative

(1)The Safety Director may at any time on the Safety Director's own initiative—

(a)vary or revoke a condition imposed by the Safety Director on an accreditation; or

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

(c)vary the class of an accreditation; or

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

(2)Before taking action under subsection (1), the Safety Director must—

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

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

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

(4)The Safety Director must give the accredited bus operator written notice of the action taken under subsection (1) as soon as practicable after taking the action.

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

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

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

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

40Surrender of accreditation

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

(2)Subject to subsection (3), on receiving an application under subsection (1) the Safety Director must consent to the surrender.

(3)The Safety Director may impose any condition on the grant of the consent that the Safety Director considers necessary.

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

Penalty:20 penalty units.

Division 5—Bus services under corresponding law

41Unaccredited operators from outside Victoria

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

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

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

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

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

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

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

(3)If the Safety Director accredits an operator specified in subsection (2) to operate a bus service—

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

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

(4)Despite subsection (3), the Safety Director may—

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

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

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

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

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

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

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

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

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

44Co-ordination between Safety Director and corresponding Bus Safety Regulator

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

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

(3)The Safety Director, in complying with subsection (2), must take into account any guidelines prepared under subsection (5).

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

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

Division 6—Suspension, cancellation and other disciplinary action

45Immediate suspension of accreditation

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

(2)The Safety Director may immediately suspend an accreditation under this section without holding an inquiry under section 46.

(3)A suspension under this section may be—

(a)for a specified period; or

(b)until a specified event; or

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

(d)until a further determination is made by the Safety Director.

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

(5)The Safety Director must commence an inquiry under section 46 within 7 days after the service of a notice under subsection (4).

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

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

(8)Nothing in this section limits any power of the Safety Director under section 46.

46Disciplinary action against an accredited bus operator

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

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

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

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

(c)has obtained the accreditation improperly; or

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

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

(a)reprimand the accredited bus operator;

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

(c)suspend the accreditation for a specified period or until a specified event or until a further determination is made by the Safety Director;

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

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

(i)permanently; or

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

47Procedure and powers concerning disciplinary inquiries

(1)In exercising powers under section 46, the Safety Director—

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

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

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

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

(3)The procedure of or in connection with an inquiry under section 46 is at the Safety Director's discretion.

48Procedure for taking disciplinary action

(1)This section applies if the Safety Director proposes to take disciplinary action against an accredited bus operator under this Part.

(2)The Safety Director must serve on the accredited bus operator a notice (a disciplinary notice) that—

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

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

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

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

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

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

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

49Effect of suspension

An operator whose accreditation is suspended—

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

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

Division 7—Exemptions granted by the Safety Director

50Definition

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

(a)section 22;

(b)section 23;

(c)section 24;

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

51Accreditation exemption for operators

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

(2)An application must be made in the manner and form approved by the Safety Director and must—

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

(b)contain any prescribed information; and

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

(3)The Safety Director may require an operator who has applied for an exemption to—

(a)supply further information requested by the Safety Director; and

(b)verify by statutory declaration any information supplied to the Safety Director.

52What applicant must demonstrate

The Safety Director must not grant an exemption to an applicant unless satisfied that the applicant has demonstrated—

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

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

53Determination of application for exemption

(1)Subject to this section, the Safety Director must, within the relevant period—

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

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

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

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

(b)any other condition or restriction imposed on the exemption by the Safety Director.

(3)Notification under this section—

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

(b)if the exemption has been granted, must specify—

(i)the details of the applicant; and

(ii)the scope and nature of the bus service, and the manner in which it is to be carried out, in respect of which the exemption is granted; and

(iii)any condition or restriction imposed by the Safety Director under this section on the exemption; and

(iv)any other prescribed information; and

(c)if a condition or restriction has been imposed on the exemption, must include—

(i)the reasons for imposing the condition or restriction; and

(ii)information about the right of review under Part 6; and

(d)if the application has been refused, must include—

(i)the reasons for the decision to refuse to grant the application; and

(ii)information about the right of review under Part 6; and

(e)if the relevant period in relation to an application has been extended, must include information about the right of review under Part 6.

(4)In this section, relevant period, in relation to an application, means the later of—

(a)6 months after the application was received by the Safety Director; or

(b)if the Safety Director requested further information, 6 months, or such other period, as is agreed between the Safety Director and the applicant, after the Safety Director receives the last information so requested; or

(c)if the Safety Director, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period.

54Application for variation of an exemption

(1)An operator of a bus service who has been granted an exemption under this Division may, at any time, apply to the Safety Director for a variation of the exemption.

(2)An operator of a bus service who has been granted an exemption under this Division must apply to the Safety Director for a variation of the exemption if—

(a)the operator proposes to vary the scope and nature of the bus service in respect of which the exemption has been granted; or

(b)any other variation is proposed in respect of the bus service in respect of which the exemption has been granted that should be reflected in the exemption.

(3)An application for variation must be made in the manner and form approved by the Safety Director and must—

(a)specify the details of the variation being sought; and

(b)contain any prescribed information; and

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

(4)The Safety Director may require an applicant for a variation—

(a)to supply further information requested by the Safety Director; and

(b)to verify by statutory declaration any information supplied to the Safety Director.

55Determination of application for variation

(1)Subject to this section, the Safety Director must, within the relevant period—

(a)if the Safety Director is satisfied as to the matters referred to in section 52 (so far as they are applicable to the proposed variation)—notify the applicant that the exemption has been varied, with or without conditions or restrictions; or

(b)if the Safety Director is not so satisfied—notify the applicant that the application has been refused.

(2)Notification under this section—

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

(b)if the exemption has been varied, must specify—

(i)the details of the applicant; and

(ii)the variation to the exemption so far as it applies to the scope and nature of the bus service, or the manner in which it is to be carried out; and

(iii)any conditions and restrictions imposed by the Safety Director on the exemption as varied; and

(iv)any other prescribed information; and

(c)if a condition or restriction has been imposed on the exemption as varied, must include—

(i)the reasons for imposing the condition or restriction; and

(ii)information about the right of review under Part 6; and

(d)if the application has been refused, must include—

(i)the reasons for the decision to refuse to grant the application; and

(ii)information about the right of review under Part 6; and

(e)if the relevant period in relation to an application has been extended, must include information about the right of review under Part 6.

(3)In this section, relevant period, in relation to an application, means the later of—

(a)6 months after the application was received by the Safety Director; or

(b)if the Safety Director requested further information, 6 months, or such other period, as is agreed between the Safety Director and the applicant, after the Safety Director receives the last information so requested; or

(c)if the Safety Director, by written notice given to the applicant before the expiry of the relevant 6 months, specifies another period, that period.

55APrescribed conditions and restrictions

An exemption granted to an operator of a bus service that is varied under this Division is subject to any conditions or restrictions prescribed by the regulations that are applicable to the exemption as varied.

55BVariation of conditions and restrictions

(1)An operator of a bus service who has been granted an exemption under this Division may, at any time, apply to the Safety Director for a variation of a condition or restriction imposed by the Safety Director to which the exemption is subject.

(2)An application for variation of a condition or restriction must be made as if it were an application for variation of an exemption under section 54.

(3)The Safety Director must consider the application and, if satisfied as to the matters referred to in sections 52 and 53 (so far as they are applicable to the proposed variation), notify the applicant in accordance with the provisions of this Division applicable to the granting of an exemption (so far as is practicable) that the variation has been granted or refused.

(4)Notification under subsection (3) that a variation has been refused must include the reasons for the decision to refuse to grant the variation and information about the right of review under Part 6.

55CSafety Director may make changes to conditions or restrictions

(1)Subject to this section, the Safety Director may, at any time, vary or revoke a condition or restriction imposed by the Safety Director on an exemption granted to an operator of a bus service under this Division or impose a new condition or restriction.

(2)Before taking action under this section, the Safety Director must—

(a)give the operator written notice of the action that the Safety Director proposes to take; and

(b)allow the operator to make written representations about the intended action within 28 days (or any other period that is agreed between the Safety Director and the operator); and

(c)consider any representations made under paragraph (b) and not withdrawn.

(3)The Safety Director must, by written notice given to the operator, provide—

(a)details of any action taken under this section; and

(b)a statement of reasons for any action taken under this section; and

(c)information about the right of review under Part 6.

55DRevocation or suspension of an exemption

(1)This section applies to an operator of a bus service who has been granted an exemption under this Division if—

(a)the Safety Director considers that the operator—

(i)is no longer able to demonstrate to the satisfaction of the Safety Director the matters referred to in section 52 or to satisfy the conditions, or to comply with the restrictions, of the exemption; or

(ii)is not operating the bus service to which the exemption relates, or has not done so for at least the preceding 12 months; or

(b)the operator contravenes this Act or the regulations.

(2)The Safety Director may—

(a)suspend the exemption for a period determined by the Safety Director; or

(b)revoke the exemption with immediate effect or with effect from a specified future date.

(3)Before making a decision under subsection (2), the Safety Director—

(a)must notify the operator in writing—

(i)that the Safety Director is considering making a decision under subsection (2) of the kind, and for the reasons, specified in the notice; and

(ii)that the operator may, within 28 days or such longer period as is specified in the notice, make written representations to the Safety Director showing cause why the decision should not be made; and

(b)must consider any representations made under paragraph (a)(ii) and not withdrawn.

(4)If the Safety Director suspends or revokes the exemption, the Safety Director must, by written notice given to the operator, provide—

(a)a statement of reasons for the suspension or revocation; and

(b)information about the right of review under Part 6.

(5)The Safety Director may withdraw a suspension of the exemption by written notice given to the operator.

55EPenalty for breach of condition or restriction

An operator of a bus service who has been granted an exemption under this Division must not contravene a condition or restriction of the exemption applying under this Division.

Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

Division 8—Miscellaneous

55FOperator to return certificate when accreditation cancelled or surrendered

An operator must return to the Safety Director the certificate of accreditation issued to the operator on accreditation, if the accreditation of the operator is cancelled or surrendered under this Act.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

55GSafety Director may request information

(1)The Safety Director may, within a period of time specified by the Safety Director, request an accredited bus operator to give the Safety Director information relating to the safety of the bus service operated by the accredited bus operator.

Example

Information relating to the safety of a bus service may include details relating to any incidents that may have occurred, any hazards that may have been identified or the type of risk management activities undertaken by an accredited bus operator.

(2)An accredited bus operator must comply with a request made by the Safety Director under subsection (1).

Penalty:1200 penalty units.

55HCommunication with responsible person

If an accredited bus operator is not a natural person, the Safety Director may communicate at any time in relation to the accreditation with the responsible person.".

6Alcohol and drug management policy

(1)Section 56(1) of the Bus Safety Act 2009 is repealed.

(2)In section 56(2) of the Bus Safety Act 2009, for "An operator to whom this section applies" substitute "An accredited bus operator".

7Form and content of alcohol and drug management policy

In section 57(2) of the Bus Safety Act 2009 omit "or registered bus operator".

8Review by VCAT

(1)In section 58(1) of the Bus Safety Act 2009—

(a)for paragraph (a) substitute—

"(a)refuse accreditation to an operator to operate a bus service, including refusal made by the Safety Director under section 25;";

(b)for paragraph (g) substitute—

"(g)refuse to give, or revoke, permission under section 36 to use drivers who hold probationary driver licences to drive buses for an accredited bus service;".

(2)Section 58(3) of the Bus Safety Act 2009 is repealed.

9Notification of incidents

In section 65 of the Bus Safety Act 2009 omit "or registered bus operator (as the case requires)".

10Criminal liability of officers of bodies corporate—failure to exercise due diligence

(1)For section 69(2)(d) of the Bus Safety Act 2009 substitute—

"(d)section 22;".

(2)For sections 69(2)(e), (f), (g) and (h) of the Bus Safety Act 2009 substitute—

"(e)section 32;

(f)section 38(1), (3) or (6);

(g)section 55E;

(h)section 55G(2);".

11Accreditation and registration

(1)In the heading to section 76 of the B us Safety Act 2009 omit "and registration".

(2)In section 76 of the Bus Safety Act 2009—

(a)paragraphs (a) and (b) are repealed;

(b)in paragraph (d) omit "commercial bus service or local";

(c)paragraph (h) is repealed;

(d)after paragraph (j) insert—

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

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

(e)in paragraph (k), omit "registration fees,".

Division 2—Compliance and enforcement policy

12New Division 1AA of Part 8 inserted

Before Division 1 of Part 8 of the Bus Safety Act 2009 insert—

"Division 1AA—Monitoring, compliance and enforcement policy

64ASafety Director to develop monitoring, compliance and enforcement policy

(1)The Safety Director must, in accordance with section 64B, develop a policy to promote compliance with, and enforcement of, this Act and the regulations.

(2)The policy must set out—

(a)proportionate, cost effective and efficient options for monitoring and promoting compliance with, and enforcement of, this Act and the regulations; and

(b)how enforcement agencies will use those options to monitor and promote compliance with, and enforcement of, this Act and the regulations.

(3)The Safety Director must publish the policy on the Safety Director's internet site no later than 12 months after the commencement of this section.

(4)The Safety Director must review the policy every 3 years in accordance with section 64B.

64BSafety Director must consult when developing or reviewing policy

(1)When developing or reviewing the monitoring, compliance and enforcement policy, the Safety Director must consult—

(a)Victoria Police; and

(b)transport safety officers who carry out monitoring, compliance or enforcement functions under a bus safety law; and

(c)the Head, Transport for Victoria and the Secretary; and

(d)persons who participate in the bus service industry.

(2)The Safety Director may consult with persons who regulate bus services in other jurisdictions when developing and reviewing the policy if the Safety Director considers that it would be useful to do so.

64CContent of policy

(1)The monitoring, compliance and enforcement policy must provide guidance on—

(a)the exercise of the following kinds of powers under a bus safety law—

(i)monitoring and compliance powers;

(ii)investigation powers;

(iii)enforcement powers; and

(b)the measures to be adopted by the Safety Director to promote compliance with and enforcement of this Act and the regulations.

(2)The policy may provide guidance on other matters relevant to monitoring compliance with and enforcement of this Act and the regulations.

64DSafety Director must coordinate and support implementation of policy

(1)The Safety Director must provide training, guidance and support to transport safety officers for the purpose of coordinating and supporting the implementation of the monitoring, compliance and enforcement policy.

(2)In addition, the Safety Director may coordinate and support the implementation of the policy in any other manner the Safety Director determines to be appropriate.

64ECertain persons to have regard to policy

Persons involved in compliance, monitoring and enforcement activities under a bus safety law, must, so far as is reasonably practicable, have regard to the monitoring, compliance and enforcement policy when performing functions and duties and exercising powers under that law.".

Division 3—Regulations

13New section 76A inserted

After section 76 of the Bus Safety Act 2009 insert—

"76A   Hazardous areas

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

(a)the declaration of areas as hazardous areas;

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

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

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

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

(i)requiring the applicant to pass a test;

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

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

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

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

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

Division 4—Transitional provisions

14New Division 4 of Part 8 inserted

After Division 3 of Part 8 of the Bus Safety Act 2009 insert—

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

79Definitions

In this Division—

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

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

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

80General transitional provision

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

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

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

81Registered bus operators

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

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

(b)is subject to the conditions—

(i)specified under section 31; or

(ii)prescribed under section 31; or

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

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

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

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

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

82Accredited bus operators

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

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

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

(c)is subject to any conditions—

(i)specified under section 31; or

(ii)prescribed under section 31; or

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

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

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

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

83Inspection requirements

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

84Re-enacted provisions

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

Table

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

".

Part 3—Amendment of Commercial Passenger Vehicle Industry Act 2017

15Definitions

In section 3 of the Commercial Passenger Vehicle Industry Act 2017 insert the following definition—

"Australian driver licence has the same meaning as in the Road Safety Act 1986;".

16Availability of approved codes of practice

In section 31(2)(b) of the Commercial Passenger Vehicle Industry Act 2017, for "them" substitute "the current copy of the approved code of practice".

17Tabling and disallowance of approved codes of practice

In section 35(1) of the Commercial Passenger Vehicle Industry Act 2017, for "an approved code of practice" substitute "notice of the approval of a code of practice".

18New section 38A inserted

After section 38 of the Commercial Passenger Vehicle Industry Act 2017 insert—

"38A   Offence to drive unregistered vehicle for commercial passenger vehicle service other than as employee

(1)The owner of a motor vehicle commits an offence if—

(a)a person who is not the owner drives the motor vehicle for the purpose of providing a commercial passenger vehicle service; and

(b)the owner knowingly allows the person to drive the motor vehicle for that purpose; and 

(c)the person is not an employee of the owner; and

(d)the vehicle is not registered under this Part.

(2)A person who commits an offence against subsection (1) is liable to a penalty not exceeding 60 penalty units for an individual or 300 penalty units for a body corporate.".

19Decision on application for driver accreditation

In section 75(2)(a) of the Commercial Passenger Vehicle Industry Act 2017, for "a driver licence, or a probationary driver licence, under the Road Safety Act 1986" substitute "an Australian driver licence".

20Regulator must notify applicant of decision

For section 76(2)(b) of the Commercial Passenger Vehicle Industry Act 2017 substitute—

"(b)if the application is refused on a ground set out in section 75(1), (3) or (4), inform the person that they have a right to seek review of the regulator's decision under Part 12; and

(c)if the application is refused on a ground set out in section 75(2)(b) or (c), inform the person that they have a right to seek review of the regulator's decision under section 253.".

21Offence not to notify of suspension or cancellation of driver accreditation

(1)In section 89(1) of the Commercial Passenger Vehicle Industry Act 2017, for "An accredited driver commits an offence if the driver" substitute "A person issued with a driver accreditation commits an offence if the person".

(2)In section 89(2) of the Commercial Passenger Vehicle Industry Act 2017, for "An accredited driver" substitute "A person".

22Offence to retain certificate if accreditation suspended or cancelled

(1)In section 92(1) of the Commercial Passenger Vehicle Industry Act 2017, for "An accredited driver commits an offence if the driver" substitute "A person issued with a driver accreditation commits an offence if the person".

(2)In section 92(2) of the Commercial Passenger Vehicle Industry Act 2017, for "An accredited driver" substitute "A person".

22APrice determinations

(1)After section 110E(g) of the Commercial Passenger Vehicle Industry Act 2017 insert—

"(ga)the Fair Work Commission's annual wage review under section 285 of the Fair Work Act 2009 of the Commonwealth;

(gb)the commercial viability of operating a taxi service;".

(2)At the end of section 110E of the Commercial Passenger Vehicle Industry Act 2017 insert—

"(2)In this section—

fare calculation device means a mechanical, electrical or electronic device that calculates, records or displays information about fares and charges for the provision of unbooked commercial passenger vehicle services;

taxi service means an unbooked commercial passenger vehicle service where the fare is calculated based on time and distance travelled as measured by a fare calculation device.".

23Disciplinary actions that may be taken in relation to permissions

In section 215(1)(d) of the Commercial Passenger Vehicle Industry Act 2017—

(a)for "either" substitute "any";

(b)before subparagraph (i) insert—

"(iaa)cancel the permission;".

24Mandatory suspension of driver accreditation if driver licence suspended or cancelled

In section 222(1) of the Commercial Passenger Vehicle Industry Act 2017, for "driver licence or probationary licence under the Road Safety Act 1986 suspended or cancelled under that Act" substitute "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".

25Reinstatement of driver accreditation following reinstatement of driver licence

In section 223(a) of the Commercial Passenger Vehicle Industry Act 2017—

(a)in subparagraph (i), for "driver licence or probationary licence under the Road Safety Act 1986" substitute "Australian driver licence";

(b)in subparagraph (ii), for "a driver licence or probationary licence under the Road Safety Act 1986" substitute "an Australian driver licence".

26Person whose driver licence or probationary licence is suspended or cancelled must notify the regulator

In section 224 of the Commercial Passenger Vehicle Industry Act 2017, for "driver licence or probationary licence under the Road Safety Act 1986 is suspended or cancelled under that Act" substitute "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".

27Reviewable decisions

(1)In item 6 of the table in section 247(1) of the Commercial Passenger Vehicle Industry Act 2017, after "75" insert "(except subsection (2))".

(2)After item 6 in the table in section 247(1) of the Commercial Passenger Vehicle Industry Act 2017 insert—

"6A Section 81 (regulator may vary or revoke conditions or impose new conditions) The accredited driver".

(3)After item 11 in the table in section 247(1) of the Commercial Passenger Vehicle Industry Act 2017 insert—

"11A Section 184 (amendment of prohibition notice) The person on whom the notice is served".

28New section 260A inserted

After section 260 of the Commercial Passenger Vehicle Industry Act 2017 insert—

"260A   Disclosure to Secretary in accordance with agreement

(1)The regulator may disclose sensitive information to the Secretary in accordance with an agreement entered into under this section.

(2)The regulator may enter into an agreement with Secretary to disclose sensitive information in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010.

(3)An agreement under subsection (2) must—

(a)be in writing; and

(b)specify—

(i)the purpose for which the information is proposed to be used or disclosed; and

(ii)the means by which the information will be provided by the regulator; and

(iii)the means by which the information will be protected by the Secretary; and

(iv)how compliance with the terms of the agreement will be monitored and enforced by each party to the agreement; and

(v)the procedures for managing any breach of privacy; and

(c)include an undertaking by the Secretary that the information will be used or disclosed only for the purpose specified in the agreement.".

Part 4—Amendment of Road Management Act 2004

29Power to declare and name a road

(1)In section 11(10) of the Road Management Act 2004, for "Sustainability and Environment" (where twice occurring) substitute "Environment, Land, Water and Planning".

(2)In section 11(10A) of the Road Management Act 2004, for "Sustainability and Environment" (where twice occurring) substitute "Environment, Land, Water and Planning".

30New sections 135A and 135B inserted

After section 135 of the Road Management Act 2004 insert—

"135A   Acquisition of certain land for the Alphington link

(1)The Head, Transport for Victoria may acquire the Alphington land by agreement or by a compulsory process for any purpose for or in connection with the project.

(2)Clause 11 of Schedule 5 applies to any acquisition of land under subsection (1) and for that purpose the Head, Transport for Victoria is a State road authority.

(3)In this section—

Alphington land means the land shown coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./21-069;

85ZHImmediate disqualification for certain offences resulting in injury or death

(1)If a non-Victorian licence or permit holder or unlicensed driver is charged by a police officer with a relevant offence, a senior police officer, by written notice, may, at any time on or after the charge-sheet is given to the person until the charge has been determined, disqualify the person from obtaining a driver licence or learner permit.

(2)The senior police officer must not, under subsection (1), disqualify a non-Victorian licence or permit holder or unlicensed driver from obtaining a driver licence or learner permit unless the senior police officer is reasonably satisfied that—

(a)the person used a motor vehicle in the commission of the relevant offence resulting in injury or death; and

(b)the person is an unacceptable risk to road safety until the charge is determined.

(3)If the non-Victorian licence or permit holder or unlicensed driver is charged with more than one relevant offence at the same time, a disqualification under subsection (1) applies to each charge for a relevant offence.

(4)In this section—

relevant offence means—

(a)an offence of murder or attempted murder; or

(b)an offence against section 15A, 15B, 16, 17 or 18 of the Crimes Act 1958;

senior police officer means a police officer who is of or above the rank of sergeant, as referred to in section 13(j) of the Victoria Police Act 2013.

85ZIPeriod of disqualification

(1)A disqualification under section 85ZH remains in effect until—

(a)the charge is determined; or

(b)the charge is withdrawn; or

(c)the disqualification is cancelled on appeal.

(2)The period determined under subsection (1) applies irrespective of whether or not the person charged is in custody.

Division 5—General provisions

85ZJWhen does disqualification commence?

A disqualification of a non-Victorian licence or permit holder or unlicensed driver under this Part commences when the person who disqualifies the non-Victorian licence or permit holder or unlicensed driver gives the notice of the disqualification to the non-Victorian licence or permit holder or unlicensed driver.

85ZKContent and copies of notice

(1)A notice of disqualification under this Part must—

(a)specify the period of disqualification or the circumstances that will end the disqualification, as determined under the relevant Division of this Part; and

(b)contain the prescribed particulars.

(2)A person who gives a notice of disqualification under this Part must cause a copy of that notice to be sent immediately to the Secretary.

85ZLWhen is a non-Victorian licence or permit holder or unlicensed driver charged with an offence?

For the purposes of this Part, a non-Victorian licence or permit holder or unlicensed driver is charged with an offence when a copy of the charge-sheet that is signed by the police officer or the employee of the Department is given to the non-Victorian licence or permit holder or unlicensed driver.

85ZMEffect of disqualification under this Part

(1)A person must not apply for or obtain a driver licence or learner permit while the person is disqualified from obtaining a driver licence or learner permit under this Part.

Penalty:5 penalty units.

(2)A driver licence or learner permit obtained while a person is disqualified from obtaining a driver licence or learner permit under this Part is of no effect.

85ZNEffect of later disqualification by a court

If, on the hearing of the charge against a person who has been disqualified under this Part from obtaining a driver licence or learner permit because of the charge, the court must take into account, in fixing the period of disqualification, the period of disqualification under this Part.

85ZOCancellation of disqualification

(1)The Chief Commissioner of Police may cancel a disqualification under this Part by giving written notice of cancellation to the person to whom the notice of disqualification was given.

(2)Immediately on giving written notice of cancellation under subsection (1), the Chief Commissioner of Police must give a copy of the notice of cancellation to the Secretary.

85ZPSupervising driver offences

This Part does not apply to a person who is convicted or found guilty of a supervising driver offence.

85ZQAppeal to the Magistrates' Court

(1)A person who, under this Part, has been disqualified from obtaining a driver licence or learner permit may appeal against the decision to disqualify them to the Magistrates' Court.

(2)Before a person commences an appeal to the Magistrates' Court under subsection (1), the person must give at least 14 days' written notice of the commencement of the appeal to—

(a)the Chief Commissioner of Police; and

(b)a registrar of the Magistrates' Court.

(3)In a notice under subsection (2), the person must set out—

(a)for an appeal against a decision to disqualify them under Division 2 or 3, the alleged exceptional circumstances; and

(b)for an appeal against a decision to disqualify them under Division 4, the reasons why the person is not an unacceptable risk to road safety.

85ZROrders Magistrates' Court may make in the proceeding

(1)On an appeal under section 85ZQ against a decision under Division 2 or 3 to disqualify a person from obtaining a driver licence or learner permit, the Magistrates' Court may make an order—

(a)confirming the disqualification; or

(b)cancelling the disqualification.

(2)The Court must not make an order under subsection (1) cancelling the disqualification unless the Court is satisfied that exceptional circumstances exist which justify the making of such an order.

(3)On an appeal under section 85ZQ against a decision under Division 4 to disqualify a person from obtaining a driver licence or learner permit, the Magistrates' Court may make an order—

(a)confirming the disqualification; or

(b)cancelling the disqualification.

(4)The Court must not make an order under subsection (3) cancelling the disqualification unless the Court is satisfied that the person charged is not an unacceptable risk to road safety.

(5)The Secretary must give effect to any order of the Court under this section.

85ZSCross-examination as to offence with which person is charged

On an appeal under section 85ZQ against a decision to, under Division 4, disqualify a person from obtaining a driver licence or learner permit—

(a)the person who has been disqualified must not be examined or cross‑examined by the magistrate or any other person as to the offence with which the person is charged; and

(b)no inquiry may be made of the person as to that offence.

85ZTProhibition on use of information or documents in subsequent proceedings

Any information given or document produced on an appeal under section 85ZQ against a decision to, under section 85ZH, disqualify a person from obtaining a driver licence or learner permit is not admissible in evidence in the proceeding for the hearing of the charge in respect of which the person was disqualified.

85ZUOrders courts may make during other processes

If a person who, under this Part, has been disqualified from obtaining a driver licence or learner permit is before a court for any reason in relation to the alleged offence for which they were disqualified under this Part, the court may make an order cancelling the disqualification if the court is satisfied that—

(a)in relation to a disqualification under Division 2 or 3, exceptional circumstances exist which justify making the order; or

(b)in relation to a disqualification under Division 4, the person charged is not an unacceptable risk to road safety.".

65Service of parking infringement notices

(1)In section 87(3) of the Road Safety Act 1986 omit "a penalty for a parking infringement referred to in subsection (3A) or".

(2)Section 87(3A) of the Road Safety Act 1986 is repealed.

66Parking in council controlled areas

In section 90E of the Road Safety Act 1986, in the penalty at the foot of the section, for "3 penalty units" substitute "5 penalty units".

67Administrative fees

In section 97A(1) of the Road Safety Act 1986, for "it" substitute "the Secretary".

68New section 103ZLB inserted

After section 103ZLA of the Road Safety Act 1986 insert—

"103ZLB   Transitional provision—Transport Legislation Miscellaneous Amendments Act 2021

(1)The amendment to the definition of relevant offence in section 84C(1) made by section 61(1) of the Transport Legislation Miscellaneous Amendments Act 2021 applies only to offences alleged to have been committed on or after the commencement of that section of that Act.

(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 61(1) of the Transport Legislation Miscellaneous Amendments Act 2021, the offence is alleged to have been committed before that commencement.".

69Schedule 2—Subject-matter for regulations

(1)In item 3 of Schedule 2 to the Road Safety Act 1986—

(a)after "Applications for registration" insert "(including registration permits)";

(b)for "applications." substitute "applications including any certificates; specifying the information required to accompany applications and that the information be in the approved form.".

(2)After item 3 of Schedule 2 to the Road Safety Act 1986 insert—

"3AA.The circumstances in which the Secretary may accept certificates issued by persons authorised by the Secretary certifying that a vehicle complies with standards for registration including with respect to the use of alternative fuel systems, the modification of vehicles, work done in response to vehicle defect notices and confirming the identity of a vehicle.

3AAB.The authorisation of persons by the Secretary to enable those persons to certify matters for registration purposes; to require persons authorised by the Secretary to issue forms in the form approved by the Secretary.

3AAC.The terms and conditions a person authorised to perform functions under items 3AA and 3AAB must comply with; the requirements a person authorised to perform functions under items 3AA and 3AAB must comply with including compliance with guidelines or other information published by the Secretary and any written directions issued by the Secretary; the revocation of the authorisation of a person for a failure to comply with any terms and conditions, guidelines or other information published by the Secretary or any written directions of the Secretary.

3AAD.Certificates in the form approved by the Secretary in respect of roadworthiness and the issue of those certificates to persons authorised by the Secretary.

3AAE.Test reports in the form approved by the Secretary and the issue of those test reports to persons authorised by the Secretary.

3AAF.Guidelines that may be issued by the Secretary in accordance with the regulations, in relation to the inspection, testing, and examination of vehicles and the standards applying to those vehicles, and that may require matters in the guidelines to be in accordance with standards or requirements specified in the guidelines.".

(3)In item 9 of Schedule 2 to the Road Safety Act 1986, for "suitable people to issue that certificate" substitute "suitable persons to issue that certificate including requirements of employees in relation to such suitable persons".

(4)Item 49A of Schedule 2 to the Road Safety Act 1986 is repealed.

Part 6—Amendment of Transport Integration Act 2010

70Definitions

(1)In section 3 of the Transport Integration Act 2010, in the definition of interface body, in paragraph (a), for "Sustainability and Environment" substitute "Environment, Land, Water and Planning".

(2)In section 3 of the Transport Integration Act 2010, in the definition of sector transport agency, before paragraph (b) insert—

"(a)the Director, Transport Safety; or".

71Power of Treasurer to execute guarantee

In section 64P(1) of the Transport Integration Act 2010—

(a)in paragraph (c), for "Roads Corporation." substitute "Roads Corporation; or";

(b)after paragraph (c) insert—

"(d)to which the person is a party which was transferred by Transfer Order to the Head, Transport for Victoria from the Public Transport Development Authority or the Roads Corporation.".

Part 7—Amendment of Victorian Fisheries Authority Act 2016

72Definitions

In section 3 of the Victorian Fisheries Authority Act 2016, in the definition of Secretary, for "Economic Development, Jobs, Transport and Resources" substitute "Transport".

73Objectives of the Authority

In section 7 of the Victorian Fisheries Authority Act 2016—

(a)after paragraph (a) insert—

"(aa)to promote sustainability and responsibility in boating and boating-related activities in Victoria; and";

(b)after paragraph (b) insert—

"(ba)to optimise the social, cultural and economic benefits of recreational boating and the recreational boating sector; and";

(c)after paragraph (d) insert—

"(da)to support the development of recreational boating and access to waterways; and".

74Functions of the Authority

In section 8 of the Victorian Fisheries Authority Act 2016—

(a)after paragraph (b) insert—

"(ba)to inform and educate the recreational boating sector and the public about rights and obligations in relation to recreational boating; and";

(b)after paragraph (c) insert—

"(ca)to monitor, investigate, enforce and promote compliance with the Marine Safety Act 2010 and other Acts and the regulations made under them in so far as they relate to recreational boating activities; and"

(c)after paragraph (d)(ii) insert—

"(iii)recreational boating activities; and";

(d)in paragraph (e), after "1995" insert ", the Marine Safety Act 2010";

(e)in paragraph (h), after "fisheries" insert "or recreational boating facilities";

(f)after paragraph (j) insert—

"(ja)administer, on behalf of the Minister, grants given for recreational boating and related matters; and";

(g)for paragraph (k) substitute—

"(k)to work with land, water, waterway and coastal managers and public sector bodies to improve fisheries and recreational boating and related or ancillary matters; and

(ka)to support the provision and maintenance of fishing and boating infrastructure; and

(kb)to control and manage land for fishing and boating purposes, including carrying out works, improvements and other related activities; and

(kc)to respond to any emergency or undertake compliance and enforcement activities; and".

(h)in paragraph (l), for "acts" substitute "Acts".

75Powers of the Authority

In section 9(a) of the Victorian Fisheries Authority Act 2016—

(a)after "1995" insert ", the Marine Safety Act 2010";

(b)for "that Act" substitute "those Acts".

76Role of the Minister

In section 19(1)(a) of the Victorian Fisheries Authority Act 2016, after "fisheries" insert "and recreational boating".

77Role of the Secretary

In section 20(1)(d) and (e) of the Victorian Fisheries Authority Act 2016, after "fisheries" insert "or recreational boating".

78Appointment of directors to Board

After section 22(1)(e) of the Victorian Fisheries Authority Act 2016 insert—

"(ea)recreational boating; and".

79Vacancies, resignations, removal from office

For section 24(5)(e)(ii) of the Victorian Fisheries Authority Act 2016 substitute—

"(ii)an offence against the Fisheries Act 1995, the Marine Safety Act 2010, the Marine (Drug, Alcohol and Pollution Control) Act 1988, the Transport (Safety Schemes Compliance and Enforcement) Act 2014 or regulations made under those Acts; or".

80Acting appointments

After section 25(8)(e) of the Victorian Fisheries Authority Act 2016 insert—

"(ea)recreational boating; and".

81Disclosure of information

After section 32(2)(b)(vi) of the Victorian Fisheries Authority Act 2016 insert—

"(via)in relation to the performance or exercise of the Authority's functions or powers;".

82Annual report

After section 40(3) of the Victorian Fisheries Authority Act 2016 insert—

"(4)Within one month after an annual report is tabled by the Minister under subsection (3), the Authority must ensure that a copy of the report is published on its Internet site.".

83Reporting to the fisheries sectors

Section 41(1) of the Victorian Fisheries Authority Act 2016 is repealed.

84Application of Conservation, Forests and Lands Act 1987 to the Authority

In section 45(1) and (2) of the Victorian Fisheries Authority Act 2016, for "97(3)(b)" substitute "97(3)(a)".

85New sections 45A and 45B inserted

After section 45 of the Victorian Fisheries Authority Act 2016 insert—

"45A   Assaulting, obstructing, hindering etc. authorised officers

A person must not assault, obstruct, hinder, resist, threaten, intimidate or attempt to obstruct or intimidate any authorised officer in the exercise or performance of any power, authority, function or duty under this Act or any other Act.

Penalty:120 penalty units or 12 months imprisonment or both.

Example

This offence applies when an authorised officer exercises or performs any power, authority, function or duty under the Fisheries Act 1995 or the Transport (Safety Schemes Compliance and Enforcement) Act 2014.

45BAbusing or insulting authorised officers

A person must not abuse or insult an authorised officer in the exercise or performance of any power, authority, function or duty under this Act or any other Act.

Penalty:60 penalty units.

Example

This offence applies when an authorised officer exercises or performs any power, authority, function or duty under the Fisheries Act 1995 or the Transport (Safety Schemes Compliance and Enforcement) Act 2014.".

Part 8—Amendments to other Acts

Division 1—Criminal Procedure Act 2009

86Schedule 2—Indictable offences that may be heard and determined summarily

After item 3A of Schedule 2 to the Criminal Procedure Act 2009 insert—

"3AB Commercial Passenger Vehicle Industry Act 2017

3AB.1Indictable offences under the Commercial Passenger Vehicle Industry Act 2017.".

Division 2—Fisheries Act 1995

87Offences under Victorian Fisheries Authority Act 2016 to be associated offences for the purposes of Part 7

After section 98(1)(j) of the Fisheries Act 1995 insert—

"(ja)an offence against section 45A or 45B of the Victorian Fisheries Authority Act 2016;".

88Offences

(1)In section 111(1) of the Fisheries Act 1995—

(a)in paragraph (c), for "authorised officer or other person" substitute "person (other than an authorised officer)";

(b)insert the following note at the foot of paragraph (c)—

"Note

It is an offence under section 45B of the Victorian Fisheries Authority Act 2016 to abuse or insult an authorised officer in the exercise or performance of any power, authority, function or duty under this Act.";

(c)in the penalty at the foot of the subsection, for "20" substitute "60".

(2)In section 111(2) of the Fisheries Act 1995—

(a)for "authorised officer or other person" substitute "person (other than an authorised officer)";

(b)insert the following note at the foot of the subsection—

"Note

It is an offence under section 45A of the Victorian Fisheries Authority Act 2016 to assault, obstruct, hinder, resist, threaten, intimidate or attempt to obstruct or intimidate an authorised officer in the exercise or performance of any power, authority, function or duty under this Act.".

Division 3—Marine Safety Act 2010

89Definitions

In section 3(1) of the Marine Safety Act 2010, for the definition of Australian Builders Plate Standard substitute—

"Australian Builders Plate Standard means the standard entitled National Standard for the Australian Builders Plate for Recreational Boats published under the authority of the Ministers comprising the former Australian Transport Council, and as amended from time to time;".

Division 4—Rail Management Act 1996

90Definitions

In section 3(1) of the Rail Management Act 1996, in the definition of rail infrastructure, the note at the foot of the definition is repealed.

91Declaration of persons to be access providers

In section 38D of the Rail Management Act 1996, for "(a)" substitute "(b)".

92Requests for access

(1)In section 38Y(1) of the Rail Management Act 1996, after "provided" insert "with".

(2)In section 38Y(3)(a) of the Rail Management Act 1996, after "provided" insert "with".

93Order relating to power to stop traffic

In the heading to section 115 of the Rail Management Act 1996 omit "of".

Division 5—Sentencing Act 1991

94Definitions

In section 3(1) of the Sentencing Act 1991, the definition of accredited agency is repealed.

95Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences

At the end of the notes at the foot of section 89 of the Sentencing Act 1991 insert—

"4 See section 85ZN of the Road Safety Act 1986 for the requirement to take into account any period of disqualification under Part 6C of that Act when fixing a period of disqualification.".

96Suspension or cancellation of driver licence or learner permit and driver disqualification—any offence

At the end of the notes at the foot of section 89A of the Sentencing Act 1991 insert—

"4 See section 85ZN of the Road Safety Act 1986 for the requirement to take into account any period of disqualification under Part 6C of that Act when fixing a period of disqualification.".

Division 6—Transport (Compliance and Miscellaneous) Act 1983

97Definitions

In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of mandatory bus safety decision, in paragraph (a)(i) omit "commercial bus service or local".

Division 7—Transport Legislation Amendment Act 2020

98Victorian Rail Track powers to lease certain Crown land

In section 51 of the Transport Legislation Amendment Act 2020, in proposed section 125A(1) of the Transport Integration Act 2010—

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

(b)after paragraph (b) insert—

"(c)any land under the Crown Land (Reserves) Act 1978 or the Land Act 1958 that Victorian Rail Track or a tenant or subtenant of Victorian Rail Track manages and uses for transport purposes.".

Division 8—Transport (Safety Schemes Compliance and Enforcement) Act 2014

99Definitions

In section 3 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014—

(a)the definition of registered bus operator is repealed;

(b)in the definition of transport safety infringement law, in paragraph (a) omit "or a registered bus operator".

100Evidentiary certificates—this Act or transport safety laws

(1)In section 107(1)(a)(iii) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit ", a bus registration".

(2)In section 107(1)(d)(i) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "or registered bus operator".

(3)In section 107(1)(e) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit ", a bus registration".

(4)In section 107(2) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014—

(a)the definition of bus registration is repealed;

(b)in the definition of exemption, for "7A" substitute "7".

101Offence to hinder or obstruct transport safety officer

At the end of section 124 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 insert—

"(2)In this section—

transport safety officer does not include a person appointed as a transport safety officer who is also an authorised officer within the meaning of the Victorian Fisheries Authority Act 2016.

Note

In the case of a transport safety officer who is also an authorised officer within the meaning of the Victorian Fisheries Authority Act 2016, see section 45A of the Victorian Fisheries Authority Act 2016.".

102Offence to assault, threaten or intimidate transport safety officer

At the end of section 126 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 insert—

"(2)In this section—

transport safety officer does not include a person appointed as a transport safety officer who is also an authorised officer within the meaning of the Victorian Fisheries Authority Act 2016.

Note

In the case of a transport safety officer who is also an authorised officer within the meaning of the Victorian Fisheries Authority Act 2016, see section 45A of the Victorian Fisheries Authority Act 2016.".

103Service of documents

In section 131(1)(c) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 omit "or registration,".

Part 9—Repeal of this Act

104Repeal of this Act

This Act is repealed on 1 March 2023.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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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: 17 March 2021

Legislative Council: 6 May 2021

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 RoadManagement Act 2004, the Road Safety Act 1986, the Transport Integration Act 2010, the Transport Legislation Amendment Act 2020, the Victorian Fisheries Authority Act 2016 and to make related and miscellaneous amendments to other Acts and for other purposes."