Transport (Safety Schemes Compliance and Enforcement) Act 2014 (Vic)

Version No. 018

Transport (Safety Schemes Compliance and Enforcement) Act 2014

No. 27 of 2014

Version incorporating amendments as at

6 August 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Transport Integration Act 2010

5Act binds the Crown

Part 2—Compliance and investigatory powers

Division 1—Entry and boarding

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

7Notification of entry

Division 2—Powers on entry and boarding

8General powers on entry or boarding

9Directions powers as to operation and movement of vehicles

10Directions powers in relation to vessels

11Detention of vessels for 48 hours

12Magistrates' Court may extend period of detention of vessel

13Persons assisting transport safety officers

14Use of electronic equipment

15Use of equipment to examine or process things

16Securing a site or restricting access to bus or vessel

17Directions for the protection of evidence

Division 3—Search warrants

18Search warrants

19Seizure of things not mentioned in the warrant

20Announcement before entry or boarding on warrant

21Copy of warrant to be given to person with control or management of place, bus or vessel

Division 4—Other related investigatory powers

22Power to require production of documents, devices or other things and answers to questions

23Abrogation of privilege against self-incrimination

24Warning to be given

25Power to copy and retain documents

26Inspecting and copying documents in custody of a transport safety officer under this Part

27Securing seized things

28Offence to tamper with seized thing

29Directions relating to seizure

30Transport safety officer may direct a thing's return

31Receipt for seized things

32Copies of certain seized things to be given

33Forfeiture of seized things

34Return of seized things

35Access to seized thing

Division 5—Damage and compensation

36Damage etc to be minimised

37Transport safety officer to give notice of damage

38Compensation

39Limits on compensation

40Compensation may be claimed as part of a court proceeding

Division 6—Directions powers

41Transport safety officers may require name and address

42Master or person operating vessel must stop vessel and provide licence or certificates when directed

43Direction to provide certain information

44Manner in which transport safety officers may give directions under this Part

45Directions may be given under more than one provision

Division 7—Other matters

46Residential premises

47Use of force

48Power to use force against persons to be exercised only by police officers

49Manner in which transport safety officers must exercise powers

Part 3—Enforcement measures

Division 1—Improvement notices

50Service of improvement notices

52Contents of improvement notices

53Directions in improvement notices

54Amendment of improvement notice

55Cancellation of improvement notices

56Clearance certificates for improvement notices

57Proceedings for offences not affected by improvement notices or clearance certificates

58Compliance with improvement notice

59Extension of time for compliance with improvement notices

Division 2—Prohibition notices

60Service of prohibition notice

61Contents of prohibition notice

62Directions in prohibition notices

63Compliance with prohibition notice

64Amendment of prohibition notice

65Withdrawal of prohibition notices

66Certificates confirming that matters that give rise to immediate risks to safety remedied

67Proceedings for offences not affected by prohibition notices or certificates

Division 3—Remedial action in relation to prohibition notices

68When Safe Transport Victoria may carry out action

69Power of Safe Transport Victoria to take other remedial action

70Costs of remedial or other action

Division 4—Non-disturbance notices

71Service of non-disturbance notice

72Contents of non-disturbance notice

73Compliance with non-disturbance notice

74Service of subsequent non-disturbance notices

75Cancellation of a non-disturbance notice

Division 5—General requirements applying to notices

76Definition

77Notice to be in writing

78Minor variations of notices by transport safety officer

79Formal irregularities or defects in notice

80Serving notices

Division 6—Injunctions

81Definition

82Injunctions for non‑compliance with notices

Division 7—Enforceable voluntary undertakings

83Enforceable voluntary undertaking

84Notice of decisions and reasons for decision

85When a transport safety undertaking is enforceable

86Compliance with transport safety undertaking

87Contravention of transport safety undertaking

88Withdrawal or variation of transport safety undertaking

89Proceedings for alleged contravention

Division 8—Additional enforcement measures relating to bus safety

90Response to certain safety reports

Part 4—Infringement notices

Division 1—Transport safety infringement notices

93Transport safety infringements

Part 5—Review of decisions

99Reviewable decisions

100Review by Safe Transport Victoria

101Notification of decision of Safe Transport Victoria

102Review by VCAT

Part 6—General liability and court processes

Division 1—General matters

103Offence to give false or misleading information

Division 2—Director and officer criminal liability

104Criminal liability of officers of bodies corporate—failure to exercise due diligence

Division 3—Proceedings and evidentiary provisions

105Who may commence proceedings for offences against this Act or a transport safety law

106Limited period for prosecution of transport safety law indictable offences

107Evidentiary certificates—this Act or transport safety laws

Division 4—Court based sanctions

108Definitions

109Commercial benefits order

110Supervisory intervention order

111Exclusion orders

112Adverse publicity order

113Release on the giving of a safety undertaking

114Variation or contravention of orders under section 113

Part 7—Safe Transport Victoria and transport safety officers

Division 1—Safe Transport Victoria

115Chief Executive of Safe Transport Victoria has functions and powers of a transport safety officer

Division 2—Transport safety officers

Subdivision 1—Appointment

116Appointment

117Identity cards

118Return of identity cards

119Production of identity card

Subdivision 2—Functions and powers of transport safety officers

120Functions and powers

121Transport safety officers subject to Safe Transport Victoria's direction

122Transport safety officer may take affidavits

123Attendance of transport safety officer at inquiries

Subdivision 3—Offences in relation to transport safety officers

124Offence to hinder or obstruct transport safety officer

125Offence to impersonate transport safety officer

126Offence to assault, threaten or intimidate transport safety officer

Part 8—General

127Legal professional privilege

128Recovery of costs

129Corporations Act displacement

131Service of documents

132Regulations

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 018

Transport (Safety Schemes Compliance and Enforcement) Act 2014

No. 27 of 2014

Version incorporating amendments as at

6 August 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to provide a scheme for the enforcement of transport system safety legislation.

2Commencement

This Act comes into operation on a day or days to be proclaimed.

3Definitions

In this Act—

accredited bus operator has the same meaning as in the Bus Safety Act 2009;

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approved bus safety code of practice means a code of practice within the meaning of the Bus Safety Act 2009;

approved code of practice means—

(a)an approved bus safety code of practice; or

(b)an approved marine safety code of practice;

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approved marine safety code of practice means a code of practice within the meaning of the Marine Safety Act 2010;

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authorised officer means a transport safety officer or a police officer;

bus has the same meaning as in the Bus Safety Act 2009;

bus premises means—

(a)a depot or base of operations for a bus service; or

(b)a place where bus safety work is carried out; or

(c)premises, including an office or building, used in connection with the provision of bus services or where the provision of bus services is managed;

bus safety matter has the same meaning as in section 3 of the Transport Integration Act 2010;

bus safety worker has the same meaning as in the Bus Safety Act 2009;

bus service has the same meaning as in the Bus Safety Act 2009;

business day means a day that is not—

(a)a Saturday or a Sunday; or

(b)a day that is appointed as a public holiday or public half-holiday throughout the whole of Victoria under the Public Holidays Act 1993;

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

compliance and investigative purposes includes purposes—

(a)related to ascertaining whether this Act or a transport safety law has been, or is being, complied with, including whether an offence has been committed against this Act or a transport safety law; and

(b)related to ascertaining whether an approved code of practice has been, or is being, complied with; and

(c)related to an investigation into a bus safety matter or a marine safety matter; and

*                *                *                *                *

(e)related to an audit under section 20 of the Bus Safety Act 2009;

*                *                *                *                *

Department means the Department of Transport and Planning;

employee means a person employed under a contract of employment or contract of training;

exercise, in relation to a function, includes perform the function;

harbour master licence has the same meaning as in the Marine Safety Act 2010;

improvement notice means a notice served under section 50;

*                *                *                *                *

marine incident has the same meaning as in the Marine Safety Act 2010;

marine operations has the same meaning as in the Marine Safety Act 2010;

marine or port infringement law means—

(a)a provision of the Marine Safety Act 2010 or any regulations made under that Act; or

(b)a provision of the Marine (Drug, Alcohol and Pollution Control) Act 1988 or any regulations made under that Act; or

(c)a provision of the Port Management Act 1995 or any regulations made under that Act;

marine premises means—

(a)a building or a facility used in connection with the undertaking of marine operations; and

(b)land on which vessels are stored but does not include land used for residential purposes; and

(c)premises associated with the design, commission, construction, manufacture, supply, maintenance, repair or modification of a recreational vessel; and

(d)premises associated with the design, commission, construction, manufacture, supply, installation, maintenance, repair or modification of marine safety equipment; and

(e)premises owned or occupied by pilotage services providers for the purpose of providing pilotage services;

marine safety equipment has the same meaning as in section 3(1) of the Marine Safety Act 2010;

marine safety infrastructure has the same meaning as in the Marine Safety Act 2010;

marine safety infrastructure operations has the same meaning as in the Marine Safety Act 2010;

marine safety matter has the same meaning as in the Transport Integration Act 2010;

marine safety work has the same meaning as in the Marine Safety Act 2010;

non-disturbance notice means a notice served under section 71;

notifiable occurrence means—

(a)a bus safety matter; or

(b)an accident or incident that is prescribed as a notifiable occurrence—

but does not include a matter or accident or incident that is prescribed not to be a notifiable occurrence;

officer of a body corporate, unincorporated body or association or partnership has the meaning given by section 9 of the Corporations Act;

*                *                *                *                *

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

pilotage services has the same meaning as in section 3(1) of the Marine Safety Act 2010;

pilotage services provider has the same meaning as in section 3(1) of the Marine Safety Act 2010;

police officer has the same meaning as in section 3(1) of the Victoria Police Act 2013;

*                *                *                *                *

prohibition notice means a notice served under section 60;

*                *                *                *                *

*                *                *                *                *

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*                *                *                *                *

*                *                *                *                *

residential premises means premises, a bus or a vessel, or a part of premises, a bus or a vessel, that is used for predominantly residential purposes;

road vehicle means any vehicle propelled by any form of motive power but does not include a bus;

*                *                *                *                *

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

*                *                *                *                *

*                *                *                *                *

searchable bus or vessel means a bus or vessel entered or boarded by a transport safety officer under Part 2;

searchable premises means bus premises or marine premises or other premises entered by a transport safety officer under Part 2;

*                *                *                *                *

Secretary means the Secretary to the Department;

this Act includes regulations made under this Act;

transport safety infringement means an offence against a transport safety infringement law that is prescribed for the purposes of this Act;

transport safety infringement law means—

(a)in the case of an accredited bus operator—a provision of the Bus Safety Act 2009 or the regulations made under that Act;

*                *                *                *                *

(c)a marine or port infringement law;

transport safety law means—

(a)the Bus Safety Act 2009 or any regulations made under that Act; or

(b)the Marine (Drug, Alcohol and Pollution Control) Act 1988 or any regulations made under that Act; or

(c)the Marine Safety Act 2010 or any regulations made under that Act; or

(d)the Port Management Act 1995 or any regulations made under that Act; or

(e)the Transport Integration Act 2010 or any regulations made under that Act;

transport safety officer means a person appointed under section 116;

*                *                *                *                *

transport safety undertaking has the meaning given by section 83(1);

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*                *                *                *                *

vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn;

vesselhas the same meaning as in the Marine Safety Act 2010;

vessel operations has the same meaning as in the Marine Safety Act 2010.

4Transport Integration Act 2010

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

5Act binds the Crown

This Act binds the Crown, in right of Victoria, and to the extent the legislative power of the Parliament permits, the Crown in all its other capacities.

PART 2—COMPLIANCE AND INVESTIGATORY POWERS

Division 1—Entry and boarding

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

(1)A transport safety officer, for compliance and investigative purposes, may at any time—

(a)enter a place that is, or that the officer reasonably suspects is—

(i)bus premises; or

(ii)marine premises; or

(b)enter a bus while it is in use; or

(c)board a vessel while it is in use.

(2)If a transport safety officer enters a place under subsection (1) and it is not bus premises or marine premises, the officer must leave the place immediately.

(3)A transport safety officer may enter a place that adjoins bus premises or marine premises if the entry is urgently required for the purpose of dealing with—

(a)a bus accident; or

(b)a marine incident.

(4)An entry or boarding may be made under subsection (1) or (3) with or without the consent of the person with control or management of the place, bus or vessel.

(5)If a transport safety officer exercises a power of entry or boarding under this section without the owner or occupier of the bus premises or marine premises or adjoining place or person with the control or management of the bus or vessel being present the officer must, on leaving the premises, place, bus or vessel, leave a notice setting out—

(a)the time of entry; and

(b)the purpose of entry; and

(c)a description of things done while on the premises, bus or vessel; and

(d)the time of departure; and

(e)the procedure for contacting Safe Transport Victoria for further details of the entry or boarding.

(6)A transport safety officer may also enter any place or bus or board a vessel if the entry or boarding is authorised by a search warrant. Subsection (5) does not apply in respect of that kind of entry.

7Notification of entry

(1)A transport safety officer may enter a place or bus or board a vessel under section 6 without prior notice to any person.

(2)A transport safety officer must, as soon as practicable after entry to a place that is, or that the officer reasonably suspects is, bus premises or marine premises take all reasonable steps to notify the person with control or management of the premises of that officer's entry.

(3)A transport safety officer must, as soon as practicable after entering a bus or boarding a vessel, take all reasonable steps to notify the operator and driver of the bus or master of the vessel of that officer's entry or boarding.

(4)However, a transport safety officer is not required to notify any person if to do so would—

(a)defeat the purpose for which the place or bus was entered or the vessel was boarded; or

(b)cause unreasonable delay.

Division 2—Powers on entry and boarding

8General powers on entry or boarding

(1)A transport safety officer who enters bus premises or marine premises or a bus or boards a vessel under section 6 may do any of the following—

(a)search, inspect and examine the premises, bus or vessel;

(b)make inquiries at the premises or on the bus or vessel;

(c)inspect, examine or copy any thing (including a document) at the premises or on the bus or vessel;

(d)bring to the premises or onto the bus or vessel, and use at the premises or on the bus or vessel, any equipment or materials that may be required;

(e)enter or open, using reasonable force, the bus or vessel or a thing on the bus or vessel, to examine the bus, vessel or other thing;

(f)take measurements, make surveys and take levels at the premises and, for those purposes, dig trenches, break up the soil and set up any posts, stakes or markers at the premises;

(g)conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings)—

(i)at the premises or on or of any road vehicle at the premises; or

(ii)on or of a bus or vessel;

(h)mark, tag or otherwise identify—

(i)a road vehicle or other thing at the premises;

(ii)a bus or vessel or a thing on the bus or vessel;

(i)seize any thing (including a document)—

(i)at the premises or in a road vehicle at the premises; or

(ii)on the bus or vessel—

if the officer reasonably believes the thing is evidence of an offence against this Act or a transport safety law;

(j)seize any thing at the premises or on the bus or vessel if the transport safety officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction;

(k)take and remove for analysis, testing or examination a sample of any substance or thing from the premises or the bus or vessel without paying for it;

(l)require the following persons to give the officer reasonable help to exercise the officer's powers under paragraphs (a) to (k)—

(i)a person at the bus premises or marine premises;

*                *                *                *                *

(iii)the driver of the bus;

(iv)the master or a member of the crew of the vessel;

(m)exercise any power that is reasonably necessary to be exercised by the officer for the purposes of a transport safety law.

(2)A film, photograph, video or digital recording, or other image, taken under subsection (1)(g) at the bus premises or marine premises or on the bus or vessel, is not inadmissible as evidence by reason only of the fact that it includes the likeness of one or more persons if the capturing of that likeness is incidental to the taking of the film, photograph, video or digital recording, or other image.

(3)A person required to give reasonable help under subsection (1)(l) must not, without reasonable excuse, fail to comply with the requirement.

Penalty:In the case of a natural person, $10 000;

In the case of a body corporate, $50 000.

(4)In this section—

reasonable help includes—

(a)assistance to enable the transport safety officer to find and gain access to electronically stored material and information at the bus premises or marine premises or on the bus or vessel; and

(b)driving or running the engine of the bus; and

(c)operating the vessel.

9Directions powers as to operation and movement of vehicles

(1)A transport safety officer who enters bus premises or a bus under section 6 may give a direction to any person at the premises or on the bus that relates to the stopping or movement of—

(a)any road vehicle at the premises; or

(b)the bus.

(2)A person must not refuse or fail to comply with a direction under subsection (1) unless the person has a reasonable excuse.

Penalty:$10 000.

10Directions powers in relation to vessels

(1)A transport safety officer who enters marine premises or boards, or proposes to board, a vessel under section 6 may do any of the following—

(a)direct the master of a vessel or the person operating a vessel to do anything necessary to enable the effective and safe detention of the vessel;

(b)direct the master or owner of a vessel or the person operating a vessel to supply information, answer questions or produce documents for the purpose of determining whether the vessel is a domestic commercial vessel within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law.

(2)A transport safety officer, for compliance and investigative purposes, may direct the master of the vessel, or person operating the vessel, to—

(a)stop the vessel; or

(b)manoeuvre the vessel in a specified manner or to a specified place; or

(c)secure the vessel in a specified manner; or

(d)produce, for inspection, equipment specified in the direction.

Example

A direction under subsection (2) may be a direction to manoeuvre the vessel to a berth.

(3)A person must not refuse or fail to comply with a direction under subsection (1) or (2) unless the person has a reasonable excuse.

Penalty:$10 000.

11Detention of vessels for 48 hours

A transport safety officer who boards a vessel under section 6 may detain the vessel for so long as is necessary (but no longer than 48 hours) for the purposes of exercising a power under section 8.

12Magistrates' Court may extend period of detention of vessel

(1)A transport safety officer may apply to the Magistrates' Court for an extension of the period a vessel has been detained under section 11.

(2)An application must be made within the maximum 48 hour detention period permitted under section 11 or within a period extended by the Court under this section.

(3)The Court may order such an extension if satisfied that the continued detention of a vessel is necessary—

(a)for the purposes of an investigation into whether an offence has been committed against this Act or a transport safety law; or

(b)to enable evidence of an offence against this Act or a transport safety law to be obtained for the purposes of a prosecution; or

(c)because the vessel is, or is likely to be, required for the purposes of an investigation into a marine safety matter.

(4)The Court may adjourn an application to enable notice of the application to be given to any person.

13Persons assisting transport safety officers

(1)A person (the assistant), including an interpreter, may accompany a transport safety officer entering bus premises or marine premises or other place or bus or boarding a vessel under this Part to assist the officer if the officer considers the assistance necessary.

(2)The assistant—

(a)may do such things at the premises or place or on the bus or vessel and in such manner as the transport safety officer reasonably requires to assist the officer in the exercise of his or her powers under this Act or a transport safety law; but

(b)must not do anything that the officer does not have power to do, except as permitted under a search warrant.

(3)Anything done lawfully by the assistant is taken for all purposes to have been done by the transport safety officer.

14Use of electronic equipment

(1)Without limiting section 8, if—

(a)a thing found at searchable premises or on a searchable bus or vessel is, or includes, a disk, tape or other device for the storage, receipt or transmission of information; and

(b)the equipment at searchable premises or on a searchable bus or vessel, may be used with the disk, tape or other device—

the transport safety officer, or a person assisting the officer, may operate the equipment to access the information.

(2)If the transport safety officer, or a person assisting the transport safety officer, finds that a disk, tape, or other device for the storage, receipt or transmission of information at searchable premises or on a searchable bus or vessel contains information the officer believes on reasonable grounds is relevant to determining whether a provision of this Act or a transport safety law has been contravened, the officer or person assisting the officer may—

(a)put the information in documentary form and seize the documents so produced; or

(b)copy the information to another disk, tape or other storage device and remove that storage device from the searchable premises or searchable bus or vessel; or

(c)if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.

(3)A transport safety officer, or a person assisting a transport safety officer, must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.

(4)In this section—

information has the same meaning as in the Electronic Transactions (Victoria) Act 2000.

15Use of equipment to examine or process things

(1)Without limiting section 8, a transport safety officer exercising a power under this Part may bring to, onto, or into searchable premises or a searchable bus or vessel any equipment reasonably necessary for the examination or processing of things found at the premises or on or in the bus or vessel in order to determine whether they are things that may be seized.

(2)The transport safety officer, or a person assisting the officer, may operate equipment already at searchable premises or on a searchable bus or vessel to carry out the examination or processing of a thing found in or at the premises or on or in the bus or vessel in order to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that—

(a)the equipment is suitable for the examination or the processing; and

(b)the examination or processing can be carried out without damage to the equipment.

16Securing a site or restricting access to bus or vessel

(1)For the purpose of protecting evidence that might be relevant for compliance and investigative purposes, an authorised officer may—

(a)secure the perimeter of any site at any place; or

(b)restrict access to a bus or vessel.

(2)An authorised officer may secure the perimeter of a site or restrict access to a bus or vessel under subsection (1) by whatever means the authorised officer considers appropriate.

(3)A person must not, without the permission of an authorised officer—

(a)enter or remain at a site the perimeter of which is secured under this section; or

(b)enter or board or remain on a bus or vessel access to which has been restricted under this section.

Penalty:$10 000.

(4)Subsection (3) does not apply if the person—

(a)enters or remains at the site or enters or boards or remains on the bus or vessel to ensure the safety of persons; or

(b)enters or remains at the site or enters or boards or remains on the bus or vessel to remove deceased persons or animals from the site or bus or vessel; or

(c)enters or remains at the site to move a road vehicle, or the wreckage of a road vehicle, to a safe place; or

(d)enters or remains at the site or enters or boards or remains on the bus or vessel to protect the environment from significant damage or pollution.

(5)An authorised officer must not unreasonably withhold a permission referred to in subsection (3).

17Directions for the protection of evidence

(1)For the purpose of protecting evidence that might be relevant for compliance and investigative purposes, a transport safety officer may direct the person in control of a specified thing or class of specified things that the specified thing, or class of specified things, must not be removed or interfered with except with the permission of the transport safety officer.

(2)A person must not fail or refuse to comply with a direction under subsection (1).

Penalty:$10 000.

(3)Subsection (2) does not apply if the conduct concerned was necessary—

(a)to ensure the safety of persons, animals or property; or

(b)for the movement of deceased persons or animals; or

(c)to move a bus, or the wreckage of a bus, to a safe place; or

(d)to protect the environment from significant damage or pollution.

(4)A transport safety officer must not unreasonably withhold his or her permission under subsection (1).

(5)In this section—

in control, in relation to a thing or a specified class of things, means having, or reasonably appearing to a transport safety officer as having, authority to exercise control over the thing or specified class of things.

Division 3—Search warrants

18Search warrants

(1)A transport safety officer may apply to a magistrate for a search warrant for a place, bus or vessel.

(2)The magistrate may refuse to consider the application until the transport safety officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example

The magistrate may require additional information supporting the application to be given by statutory declaration.

(3)The magistrate may issue a search warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—

(a)there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act or a transport safety law; and

(b)the evidence is, or may be within the next 72 hours, at the place or on the bus or vessel.

(4)The search warrant must state—

(a)that a stated transport safety officer may, with necessary and reasonable help and force, enter the place or bus, or board the vessel, and exercise the powers of the officer; and

(b)the offence for which the search warrant is sought; and

(c)the evidence that may be seized under the search warrant; and

(d)the hours of the day or night when the place or bus may be entered or vessel may be boarded; and

(e)the date, within 7 days after the search warrant's issue, the search warrant ends.

(5)A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form set out in the rules of court under that Act.

(6)Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise a transport safety officer to arrest a person.

(7)Subject to any provision to the contrary in this Division, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

19Seizure of things not mentioned in the warrant

A search warrant authorises the transport safety officer executing the warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize any thing which is not of the kind described in the warrant if—

(a)the transport safety officer believes, on reasonable grounds, that the thing—

(i)is of a kind which could have been included in a warrant issued under this Part; or

(ii)will afford evidence about the commission of an offence against this Act or a transport safety law; and

(b)the transport safety officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the commission of an offence against this Act or a transport safety law.

20Announcement before entry or boarding on warrant

(1)Before executing a search warrant, the transport safety officer named in the warrant or an assistant to the officer must—

(a)announce that he or she is authorised by the warrant to enter the place or bus or board the vessel; and

(b)give any person at the place or on the bus or vessel an opportunity to allow that entry or boarding.

(2)However, the transport safety officer or an assistant to the officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place, or onto the bus or boarding of the vessel is needed to ensure—

(a)the safety of any person; or

(b)that the effective execution of the warrant is not frustrated.

21Copy of warrant to be given to person with control or management of place, bus or vessel

If the person who has, or appears to have, control or management of a place, bus or vessel is present at the place or on the bus or vessel when a search warrant is being executed, the transport safety officer must—

(a)identify himself or herself to that person by producing his or her identity card for inspection; and

(b)give that person a copy of the warrant.

Division 4—Other related investigatory powers

22Power to require production of documents, devices or other things and answers to questions

(1)A transport safety officer who enters searchable premises or enters or boards a searchable bus or vessel may, for compliance and investigative purposes—

(a)require a person at the premises or on the bus or vessel to tell the officer who has custody of, or access to, a document, device or other thing; or

(b)require a person at the premises or on the bus or vessel who has custody of, or access to, a document, device or other thing to produce that document, device or other thing to the officer while the officer is at the premises or on the bus or vessel, or within a specified period; or

(c)require a person at the premises or on the bus or vessel to answer any questions put by the officer.

(2)A requirement under subsection (1)(b) must be made by written notice unless the circumstances require the transport safety officer to have immediate access to the document, device or other thing.

(3)An interview conducted by a transport safety officer under subsection (1)(c) must be conducted in private if—

(a)the transport safety officer considers it appropriate; or

(b)the person being interviewed so requests.

(4)Subsection (3) does not limit the operation of section 13 or prevent a representative of the person being interviewed from being present at the interview.

(5)Subsection (3) may be invoked during an interview by—

(a)the transport safety officer; or

(b)the person being interviewed—

in which case the subsection applies to the remainder of the interview.

(6)A person must not, without reasonable excuse, fail to comply with a requirement under this section.

Penalty:In the case of a natural person, $5 000;

In the case of a body corporate, $25 000.

23Abrogation of privilege against self-incrimination

(1)A person is not excused from answering a question or providing information or a document under this Part on the ground that the answer to the question, or the information or document, may tend to incriminate the person or expose the person to a penalty.

(2)However—

(a)any answer to a question or information or a document provided by a person under this Part is not admissible as evidence against that person in a criminal proceeding or a proceeding for the imposition of a civil penalty other than a proceeding arising out of the false or misleading nature of the answer, information or document; and

(b)any information provided or document obtained as a direct result or indirect consequence of the answer, information or document being provided by a natural person under a requirement or direction under this Part is not admissible as evidence against that person in a criminal proceeding or a proceeding for the imposition of a civil penalty other than a proceeding arising out of the false and misleading nature of the answer, information or document.

(3)Despite section (1) or (2)—

(a)any information or document required to be kept under a transport safety law that is provided by a person under a requirement under section 22 is admissible in evidence against the person in a criminal proceeding; and

(b)any information obtained from a person under this Part that is contained in any document or item that the person is required to keep under a transport safety law is admissible in evidence against the person in a criminal proceeding or may be used in any action, proceeding or process that may make a person liable to a penalty.

24Warning to be given

(1)Before requiring a person to answer a question or provide information or a document under this Part, a transport safety officer must—

(a)identify himself or herself to the person as a transport safety officer by producing the officer's identity card or in some other way; and

(b)warn the person that failure to comply with the requirement or to answer the question, without reasonable excuse, would constitute an offence; and

(c)warn the person about the effect of section 23; and

(d)advise the person about the effect of section 127.

(2)It is not an offence for a natural person to refuse to answer a question put by a transport safety officer or provide information or a document to a transport safety officer under this Part on the ground that the question, information or document might tend to incriminate him or her, unless he or she was first given the warning in subsection (1)(c).

(3)Nothing in this section prevents a transport safety officer from obtaining and using evidence given to the officer voluntarily by any person.

25Power to copy and retain documents

A transport safety officer may—

(a)make copies of, or take extracts from, a document given to the officer in accordance with a requirement under a transport safety law or seized under this Part; and

(b)keep that document for the period that the officer considers necessary.

26Inspecting and copying documents in custody of a transport safety officer under this Part

While a transport safety officer retains custody of a document, the officer must permit the following persons to inspect or make copies of the document at all reasonable times—

(a)the person who produced the document;

(b)the owner of the document;

(c)a person authorised by a person referred to in paragraph (a) or (b).

27Securing seized things

On seizing a thing under this Part, a transport safety officer may—

(a)move the thing from the bus premises, marine premises, place, bus or vessel where it was seized (the place of seizure); or

(b)leave the thing at the place of seizure but take steps to restrict access to it; or

(c)in relation to equipment that is seized, make the equipment inoperable.

28Offence to tamper with seized thing

(1)If a transport safety officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without a transport safety officer's permission.

Penalty:$10 000.

(2)If a transport safety officer makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without a transport safety officer's permission.

Penalty:$10 000.

29Directions relating to seizure

(1)To enable a thing to be seized under this Part, a transport safety officer may direct the person in control of it—

(a)to take it to a specified place within a specified time; and

(b)if necessary, to remain in control of it at the specified place for a period specified in the direction.

(2)A direction under subsection (1)—

(a)must be given by signed written notice given to the person; or

(b)if for any reason it is not practicable to give signed written notice to the person—may be given orally and confirmed by signed written notice given to the person as soon as is practicable.

(3)A further direction may be made under this section about the thing if it is necessary and reasonable to make the further direction.

Example

A further direction may (for example) be that the thing be transported during stated off-peak hours, be transported along a particular route, or be transported in a particular way.

(4)A person given a direction under subsection (1) or (3) must comply with that direction unless the person has a reasonable excuse.

Penalty:$5 000.

(5)Without limiting what may otherwise be a reasonable excuse under subsection (4), it is a reasonable excuse for a person in control of a thing not to comply with a direction under subsection (1) or (3) if, in all the circumstances, the direction was unreasonable.

(6)The cost of complying with a direction under subsection (1) or (3) must be borne by the person.

(7)In this section—

in control, in relation to a thing, means having, or reasonably appearing to a transport safety officer as having, authority to exercise control over the thing.

30Transport safety officer may direct a thing's return

(1)If a transport safety officer has directed a person to take a thing to a specified place within a specified time under section 29(1), a transport safety officer may direct the person to return the thing to the place from which it was taken.

(2)A person given a direction under subsection (1) must comply with that direction unless the person has a reasonable excuse.

Penalty:$5 000.

(3)Without limiting what may otherwise be a reasonable excuse under subsection (2), it is a reasonable excuse for a person not to comply with a direction under subsection (1) if, in all the circumstances, the direction was unreasonable.

(4)The cost of complying with a direction under subsection (1) must be borne by the person.

31Receipt for seized things

(1)After a transport safety officer seizes a thing under this Part, the officer must give a receipt for it to the person from whom the thing was seized or the owner of the thing.

(2)However, if for any reason it is not practicable to comply with subsection (1), the transport safety officer must leave the receipt in a conspicuous position and in a reasonably secure way—

(a)at the place of seizure; or

(b)if the thing was seized from a bus or vessel, on the bus or vessel.

(3)The receipt must describe generally the thing seized and its condition.

(4)This section does not apply if it would be impracticable or unreasonable to expect the transport safety officer to account for the thing, given its condition, nature and value.

32Copies of certain seized things to be given

(1)If, under this Part, a transport safety officer seizes—

(a)a document; or

(b)a thing that can be readily copied; or

(c)a storage device containing information that can be readily copied—

the transport safety officer must give a copy of the thing or information to the owner or custodian of the document, thing or device as soon as practicable after the seizure.

(2)Subsection (1) does not apply—

(a)to any document, thing or device moved under section 27(a) or 29; or

(b)if the transport safety officer is unable to discover the identity of the owner or custodian of any document, thing or device seized.

33Forfeiture of seized things

(1)A thing seized under this Part is forfeited to the State if the Chief Executive of Safe Transport Victoria—

(a)cannot find the person entitled to the thing after making reasonable inquiries; or

(b)cannot return it to the person entitled to it, after making reasonable efforts; or

(c)reasonably believes it is necessary to forfeit the thing to prevent it being used to commit an offence against this Act or a transport safety law.

(2)Subsection (1)(a) does not require the Chief Executive of Safe Transport Victoria to make inquiries if it would be unreasonable to make inquiries to find the person entitled to the thing.

(3)Subsection (1)(b) does not require the Chief Executive of Safe Transport Victoria to make efforts if it would be unreasonable to make efforts to return the thing to the person entitled to it.

(4)If the Chief Executive of Safe Transport Victoria decides to forfeit the thing under subsection (1)(c), the Chief Executive of Safe Transport Victoria must tell the person entitled to the thing of the decision by written notice.

(5)Subsection (4) does not apply if—

(a)the Chief Executive of Safe Transport Victoria cannot find the person entitled to the thing after making reasonable inquiries; or

(b)it is impracticable or would be unreasonable to give the notice.

(6)The notice must state—

(a)the reasons for the decision; and

(b)information about the right of review under Part 5.

(7)In deciding whether and, if so, what inquiries and efforts are reasonable or whether it would be unreasonable to give notice about a thing, regard must be had to the thing's nature, condition and value.

(8)Any costs reasonably incurred by the Chief Executive of Safe Transport Victoria in storing or disposing of a thing forfeited under subsection (1)(c) may be recovered in a court of competent jurisdiction as a debt due to the Chief Executive of Safe Transport Victoria from the person entitled.

(9)In this section—

person entitled to a thing means the person from whom it was seized unless that person is not entitled to possess it in which case it means the owner of the thing.

34Return of seized things

(1)If a seized thing has not been forfeited under this Part, the person entitled to the thing may apply to the Chief Executive of Safe Transport Victoria for the return of the thing after the end of 6 months after it was seized.

(2)The Chief Executive of Safe Transport Victoria must return the thing to the applicant under subsection (1) unless the Chief Executive of Safe Transport Victoria has reasonable grounds to retain the thing.

(3)For the purposes of subsection (2), a reasonable ground to retain the thing is—

(a)for the purposes of an investigation into whether an offence has been committed against this Act or a transport safety law; or

(b)to enable evidence of an offence against this Act or a transport safety law to be obtained for the purposes of a prosecution; or

(c)because the thing is, or is likely to be, required for the purposes of—

(i)an investigation into a bus safety matter; or

(ii)an audit under Division 3 of Part 3 of the Bus Safety Act 2009.

(4)The Chief Executive of Safe Transport Victoria may impose any conditions on the return of the thing under this section that the Chief Executive of Safe Transport Victoria considers appropriate to eliminate or minimise any risk to safety related to the thing.

(5)In this section—

person entitled to a thing means the person entitled to possess the thing or the owner of the thing.

35Access to seized thing

(1)Until a thing seized under this Part is forfeited or returned under this Part, a transport safety officer must allow its owner to inspect it and, if it is a document, to copy it.

(2)Subsection (1) does not apply if it is impracticable or it would be unreasonable to allow the inspection or copying.

Division 5—Damage and compensation

36Damage etc to be minimised

In the exercise, or purported exercise, of a power under a transport safety law or under this Part, a transport safety officer must take all reasonable steps to ensure that the officer, and any assistant to the officer, cause as little inconvenience, detriment and damage as is practicable.

37Transport safety officer to give notice of damage

(1)This section applies if a transport safety officer or an assistant to a transport safety officer damages a thing when exercising or purporting to exercise a power under a transport safety law or under this Part.

(2)The transport safety officer must, as soon as practicable, give written notice of the damage to the person whom the officer believes on reasonable grounds is the person in control of the thing.

(3)If the transport safety officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer's or assistant's control, the officer may state it in the notice.

(4)If, for any reason, it is impracticable to comply with subsection (2), the transport safety officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.

(5)This section does not apply to damage the transport safety officer reasonably believes is trivial.

38Compensation

(1)A person may claim compensation from the Chief Executive of Safe Transport Victoria if the person incurs damage because of the exercise or purported exercise of a power under this Part.

(2)In determining the amount of compensation payable in relation to any damage caused to electronic equipment, regard is to be had to whether the occupier of the bus premises or marine premises and the employees and agents of the occupier, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.

39Limits on compensation

The Chief Executive of Safe Transport Victoria is not liable to pay compensation to a person for any damage caused during any inspection or search conducted under this Part, or under a search warrant executed in accordance with this Part, if—

(a)the thing that was the object of the inspection or search provides evidence of—

(i)the commission of an offence against this Act or a transport safety law; or

(ii)non-compliance with a transport safety law or an approved code of practice; and

(b)the damage caused was no more than was reasonably necessary in inspecting, or searching for, the thing.

40Compensation may be claimed as part of a court proceeding

(1)Compensation may be claimed and ordered in a proceeding—

(a)commenced in a court of competent jurisdiction; or

(b)for an offence against this Act or a transport safety law commenced against the person claiming compensation.

(2)The court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.

(3)The regulations may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.

Division 6—Directions powers

41Transport safety officers may require name and address

(1)A transport safety officer may require a person to provide the person's name and residential address if—

(a)the officer finds the person committing an offence against this Act or a transport safety law; or

(b)the officer finds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Act or a transport safety law; or

(c)the officer reasonably believes that the person may be able to assist in the investigation of an offence against this Act or a transport safety law.

(2)When asking a person to provide the person's name and residential address, the transport safety officer must—

(a)tell the person the reason for the requirement to provide the person's name and residential address; and

(b)warn the person that it is an offence to fail to state that name and residential address, unless the person has a reasonable excuse.

(3)If the transport safety officer reasonably believes that the name or residential address is false, the officer may require the person to give evidence of its correctness.

(4)A person must not, without reasonable excuse, fail to comply with a requirement under subsection (1) or (3).

Penalty:$5 000.

42Master or person operating vessel must stop vessel and provide licence or certificates when directed

(1)A police officer or a transport safety officer may, by signalling or otherwise, require the master of, or person operating, a vessel that is moving to stop the vessel.

(2)A police officer or a transport safety officer may require the master of, or person operating, a vessel to produce for inspection a certificate, licence or exemption issued under the Marine Safety Act 2010 that is required to lawfully operate the vessel.

(3)A police officer or a transport safety officer may require the master of, or person operating, a vessel to allow the officer to inspect any document that is required by regulations made under the Marine Safety Act 2010 to be displayed in or on the vessel.

(4)A person given a requirement under subsection (1), (2) or (3) must not refuse or fail to comply with the requirement.

Penalty:$1 500.

(5)Subsection (4) (as it applies to a requirement under subsection (2)) does not apply if the licence, certificate, exemption or other document is not on the vessel at the time the requirement for its production is made.

43Direction to provide certain information

(1)A transport safety officer may direct, for compliance and investigative purposes—

*                *                *                *                *

(b)a provider of a bus service or a bus safety worker who is associated with a particular bus—

(i)to state the name, home address and business address of any other person who is associated with the bus;

(ii)to give any information that is within the power of the person to give that may lead to the identification of the owner or operator of the bus on any occasion;

(c)a person whom the transport safety officer believes has information concerning the identity or location of the owner or master of a vessel to provide all the information the person has regarding the identity and location of the owner and master of the vessel.

(2)A person must not refuse or fail to comply with a direction under subsection (1).

Penalty:$5 000.

(3)It is not an offence for a person to fail to comply with subsection (2) if the transport safety officer did not inform the person, at the time the direction was made, that it is an offence to fail to comply with the direction.

(4)In this section—

associated with means the owner or operator of, or in charge or apparently in charge of.

44Manner in which transport safety officers may give directions under this Part

(1)A transport safety officer may give a direction under this Part orally or in writing.

(2)If giving a direction orally, the transport safety officer giving the direction—

(a)must state whether it is to be complied with immediately or within a specified period; and

(b)must warn the person to whom the direction is given that it is an offence under this Act to fail to comply with a direction.

(3)If giving a direction in writing, the transport safety officer must ensure that the direction—

(a)states the period within which it is to be complied with; and

(b)states that it is an offence under this Act to fail to comply with a direction.

(4)A written direction may be given to, or sent by post to, the person to whom it is directed.

45Directions may be given under more than one provision

(1)A transport safety officer may, on the same occasion, give directions under one or more provisions of this Part.

(2)Without limiting subsection (1), a transport safety officer, in the course of exercising powers under a provision of this Part, may do either or both of the following—

(a)give further directions under the provision;

(b)give further directions under one or more other provisions of this Part.

Division 7—Other matters

46Residential premises

Despite anything else in this Part, the powers of a transport safety officer under this Part in relation to entering a place or bus or boarding a vessel are not exercisable in respect of any part of the place, bus or vessel that are residential premises except—

(a)with the consent of—

(i)the person with control or management of the residential premises; or

(ii)a person at the premises; or

(iii)a resident of the premises; or

(b)under the authority conferred by a search warrant; or

(c)for the sole purpose of gaining access to suspected bus premises, but only—

(i)if the officer reasonably believes that no reasonable alternative access is available; and

(ii)at a reasonable time, having regard to the times at which the officer believes bus safety work is being carried out at the premises to which access is sought.

47Use of force

A power conferred under this Act to enter a place or bus or board a vessel, or to do anything in or on that place or on that bus or vessel, may not be exercised unless the transport safety officer or a person assisting a transport safety officer proposing to exercise the power, uses no more force than is reasonably necessary to effect the entry or boarding or to do the thing for which the entry or boarding is effected.

48Power to use force against persons to be exercised only by police officers

A provision in this Act that authorises a person to use reasonable force does not authorise a person who is not a police officer to use force against another person.

49Manner in which transport safety officers must exercise powers

In exercising powers under this Part, a transport safety officer must—

(a)cause as little inconvenience as possible; and

(b)not remain at any place or on a bus or vessel any longer than is reasonably necessary.

PART 3—ENFORCEMENT MEASURES

Division 1—Improvement notices

50Service of improvement notices

(1)This section applies if a transport safety officer reasonably believes that a person—

(a)is contravening a provision of a transport safety law; or

(b)has contravened a provision of a transport safety law in circumstances that make it likely that the contravention will continue or be repeated; or

(c)is carrying out or has carried out—

(i)marine operations that threaten safety; or

(ii)other operations that threaten marine safety; or

(d)is providing bus services that threaten safety or other services that threaten bus safety.

(2)Subject to this section, the transport safety officer may serve an improvement notice requiring the person—

(a)to remedy the contravention; or

(b)to prevent a likely contravention from occurring; or

(c)to remedy the things or operations causing the contravention or likely contravention; or

(d)to carry out marine operations or provide bus services so that safety is not threatened or likely to be threatened.

Note

A decision whether to serve an improvement notice is a mandatory transport safety decision—see section 175 of the Transport Integration Act 2010.

(3)Before serving an improvement notice under this section, a transport safety officer must inform Safe Transport Victoria of his or her intention to do so.

*                *                *                *                *

52Contents of improvement notices

(1)An improvement notice must—

(a)if the notice relates to a contravention or likely contravention of a transport safety law—

(i)state that the transport safety officer believes the person—

(A)is contravening a provision of a transport safety law; or

(B)has contravened a provision of a transport safety law in circumstances that make it likely that the contravention will continue or be repeated; and

(ii)state the provision the officer believes is being, or has been, contravened; and

(iii)briefly, state how the provision is being, or has been, contravened; and

(iv)state the day before which the person is required to remedy the contravention or likely contravention; and

(b)in any other case—

(i)state that the transport safety officer believes the person—

(A)is carrying out or has carried out marine operations that threaten safety, or other operations that threaten marine safety; or

(B)is providing bus services or has provided bus services that threaten safety, or other services that threaten bus safety; and

(ii)briefly, state how—

(A)the marine operations or bus services are threatening, or have threatened, safety; or

(B)the other operations or services are threatening, or have threatened, marine safety or bus safety; and

(iii)state the day before which the person is required to carry out marine operations or other operations, or provide bus services or other services, so that safety is not threatened or likely to be threatened; and

(c)if a cost-benefit analysis has been carried out under section 175 of the Transport Integration Act 2010, set out the results of that analysis; and

(d)set out the penalty for non-compliance with the notice; and

(e)include information about the right to a review under Part 5 of the decision to serve the notice; and

(f)state that the notice is served under section 50.

(2)An improvement notice served on a person on a ground stated in section 50(1)(a) or (b) may include directions concerning the action to be taken to remedy the contravention or prevent the likely contravention, or the things or operations causing the contravention or likely contravention, to which the notice relates.

(3)An improvement notice served on a person on the ground stated in section 50(1)(c) may include directions concerning the action to be taken by which operations to which the notice relates may be carried out so that safety is not threatened or likely to be threatened.

(4)An improvement notice may include recommendations.

(5)The day stated for compliance with the improvement notice must be reasonable in all the circumstances.

53Directions in improvement notices

A direction included in an improvement notice may—

(a)refer to an approved code of practice; and

(b)offer the person on whom it is served a choice of ways in which to remedy the contravention.

54Amendment of improvement notice

(1)An improvement notice served by a transport safety officer may be amended by any transport safety officer or Safe Transport Victoria.

(2)An amendment of an improvement notice is effected by serving on the person affected a notice stating the terms of the amendment.

(3)An amendment of an improvement notice is ineffective if it purports to deal with a contravention of a different provision of a transport safety law from that dealt with in the improvement notice as first served.

(4)A notice of an amendment of an improvement notice must—

(a)state the reasons for the amendment; and

(b)include information about obtaining a review of the decision to amend the notice; and

(c)state that it is served under this section.

55Cancellation of improvement notices

(1)An improvement notice served on a person may only be cancelled by Safe Transport Victoria.

(2)Notice of cancellation of an improvement notice is required to be served on the person affected.

56Clearance certificates for improvement notices

(1)This section applies if Safe Transport Victoria or a transport safety officer is satisfied that a person on whom an improvement notice has been served has complied with all the requirements of, or a requirement of, that notice.

(2)Safe Transport Victoria or a transport safety officer must serve a clearance certificate on the person to the effect that (as the case requires)—

(a)all of the requirements of the improvement notice have been complied with; or

(b)the specific requirement of the improvement notice has been complied with.

(3)The clearance certificate must be served as soon as practicable after Safe Transport Victoria or a transport safety officer is so satisfied.

(4)A requirement of the improvement notice to which the clearance certificate relates ceases to be operative on receipt by the person of that certificate.

57Proceedings for offences not affected by improvement notices or clearance certificates

(1)The service, amendment or cancellation of an improvement notice does not affect any proceeding for an offence against a transport safety law in connection with any matter in respect of which the improvement notice was served.

(2)The service of a clearance certificate under section 56 in respect of an improvement notice does not affect any proceeding for an offence against a transport safety law in connection with any matter in respect of which the improvement notice was served.

58Compliance with improvement notice

(1)A person on whom an improvement notice is served must comply with the notice within the period specified in the notice unless the person has a reasonable excuse.

Penalty:In the case of a natural person $50 000;

In the case of a body corporate, $500 000.

(2)It is not an offence to fail to comply with recommendations in an improvement notice.

59Extension of time for compliance with improvement notices

(1)This section applies if a person has been served with an improvement notice.

(2)A transport safety officer may, by written notice given to the person, extend the compliance period for the improvement notice.

(3)However, the transport safety officer may only extend the compliance period if the period has not ended.

(4)In this section—

compliance period means the period stated in the improvement notice served under section 50, and includes that period as extended under this section.

Division 2—Prohibition notices

60Service of prohibition notice

(1)This section applies if a transport safety officer reasonably believes that—

(a)an activity is occurring in relation to bus services or bus premises that involves or will involve an immediate risk to safety; or

(b)an activity may occur in relation to bus services or bus premises that, if it occurs, will involve an immediate risk to safety; or

(c)an activity may occur at, on, or in the immediate vicinity of a bus stopping point that, if it occurs, will involve an immediate risk to safety; or

(d)an activity is occurring on, or in relation to marine operations or marine premises that involves or will involve an immediate risk to safety; or

(e)an activity is occurring on, or in relation to the operation of, a vessel, that involves or will involve an immediate risk to safety; or

(f)an activity is occurring at marine premises or a place where vessels are operated, stored, moored, berthed or placed that involves or will involve an immediate risk to safety; or

(g)an activity may, if it occurs at or in relation to, marine premises or a place where vessels are operated, stored, moored, berthed or placed, involve an immediate risk to safety.

(2)The transport safety officer may serve a prohibition notice on a person who has, or appears to have, control over the activity prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way.

Note

A decision whether to serve a prohibition notice is a mandatory transport safety decision—see section 175 of the Transport Integration Act 2010.

(3)Despite section 77, a prohibition notice may be given orally, but must be confirmed by written notice served on the person as soon as practicable after it was given.

61Contents of prohibition notice

(1)A prohibition notice must—

(a)state that the transport safety officer believes that grounds for the service of the prohibition notice exist and the basis for that belief; and

(b)briefly, state the activity that the officer believes involves or will involve the risk and the matters that give or will give rise to the risk; and

(c)state the provision (if any) of a transport safety law that the officer believes is being, or is likely to be, contravened by that activity; and

(d)set out the penalty for contravening the notice; and

(e)include information about the right to a review under Part 5 of the decision to serve the notice; and

(f)state that the notice is served under this section.

(2)A prohibition notice may include directions on the measures to be taken to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c).

(3)A direction in a prohibition notice may offer the person on whom the notice has been served a choice of ways to remedy the risk, activities or matters to which the notice relates, or the contravention or likely contravention mentioned in subsection (1)(c).

(4)Without limiting section 60, a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying one or more of the following—

(a)premises, or part of premises, at which the activity is not to be carried out;

(b)infrastructure at or on which, or in the immediate vicinity of, the activity is not to be carried out;

(c)any thing that is not to be used in connection with the activity;

(d)that a vessel is not to be operated;

(e)any procedure that is not to be followed in connection with the activity.

(5)A prohibition notice may include recommendations.

62Directions in prohibition notices

A direction included in a prohibition notice may—

(a)refer to an approved code of practice; and

(b)offer the person on whom it is served a choice of ways in which to remedy the matters or matter that involve, or will involve, an immediate risk to safety.

63Compliance with prohibition notice

(1)A person on whom a prohibition notice is served must comply with the notice unless the person has a reasonable excuse.

Penalty:In the case of a natural person $150 000;

In the case of a body corporate, $1 500 000.

(2)It is not an offence to fail to comply with recommendations in a prohibition notice.

64Amendment of prohibition notice

(1)A prohibition notice served by a transport safety officer may be amended by any transport safety officer or Safe Transport Victoria.

(2)An amendment of a prohibition notice is effected by serving on the person affected a notice stating the terms of the amendment.

(3)An amendment of a prohibition notice is ineffective if it purports to prohibit the carrying out of an activity that is different from the activity prohibited by the prohibition notice as first served.

(4)A notice of an amendment of a prohibition notice must—

(a)state the reasons for the amendment; and

(b)include information about obtaining a review of the decision to amend the notice; and

(c)state that it is served under this section.

65Withdrawal of prohibition notices

(1)A prohibition notice served on a person may only be withdrawn by Safe Transport Victoria.

(2)Notice of the withdrawal of a prohibition notice is required to be served on the person affected.

66Certificates confirming that matters that give rise to immediate risks to safety remedied

(1)This section applies if Safe Transport Victoria or a transport safety officer is satisfied that a person served with a prohibition notice has remedied all of the matters or the matter that—

(a)gave, or will give, rise to an immediate risk to safety; and

(b)is specified in the prohibition notice.

(2)Safe Transport Victoria or a transport safety officer must serve a certificate on the person to the effect that (as the case requires)—

(a)all of the matters or the matter that gave rise to an immediate risk to safety because of the activity specified in the prohibition notice have been remedied; or

(b)all of the matters or the matter that could have given rise to an immediate risk to safety because of the activity specified in the prohibition notice have been remedied.

(3)The certificate must be served as soon as practicable after Safe Transport Victoria or transport safety officer is so satisfied.

(4)A matter stated in the prohibition notice that has been remedied to the satisfaction of Safe Transport Victoria or transport safety officer, and to which the certificate relates, ceases to operate when the person receives the certificate.

67Proceedings for offences not affected by prohibition notices or certificates

(1)The service, amendment or withdrawal of a prohibition notice does not affect any proceeding for an offence against a transport safety law in connection with any matter in respect of which the prohibition notice was served.

(2)The service of a certificate under section 66 in respect of a prohibition notice does not affect any proceeding for an offence against a transport safety law in connection with any matter in respect of which the prohibition notice was served.

Division 3—Remedial action in relation to prohibition notices

68When Safe Transport Victoria may carry out action

(1)This section applies if a person on whom a prohibition notice is served fails to take reasonable steps to comply with the notice.

(2)Safe Transport Victoria may take any remedial action Safe Transport Victoria believes reasonable to make the bus premises, marine premises, vessel or situation safe after giving written notice to the person on whom the prohibition notice was served of—

(a)Safe Transport Victoria's intention to take that action; and

(b)the person's liability for the costs of that action.

69Power of Safe Transport Victoria to take other remedial action

(1)This section applies if—

(a)Safe Transport Victoria reasonably believes that circumstances in which a prohibition notice can be served exist; and

(b)after taking reasonable steps, Safe Transport Victoria cannot find the person with control or management of the bus premises or marine premises or vessel in relation to which the notice would be served.

(2)Safe Transport Victoria may take any remedial action necessary to make the bus premises, marine premises or vessel safe.

(ix)any information that the person has given Safe Transport Victoria in relation to the infringement notice, including reasons why the infringement penalty stated in the infringement notice was paid; and

(x)any other matter that the court considers relevant.

(7)The order may direct that any other penalty or sanction imposed for the offence by the court is suspended until the court determines that there has been a substantial failure to comply with the order.

(8)A court that has power to make supervisory intervention orders may revoke or amend a supervisory intervention order on the application of—

(a)Safe Transport Victoria; or

(b)the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment.

(9)A person who is subject to a requirement of a supervisory intervention order must not engage in conduct that results in a contravention of the requirement.

Penalty:In the case of a natural person, $10 000;

In the case of a body corporate, $50 000.

(10)In this section—

compliance report, in relation to a person in respect of whom a supervisory intervention order is made, means a report relating to—

(a)the performance of the person in complying with—

(i)this Act or the bus law or specified aspects of this Act or the bus law specified in the order; and

(ii)the requirements of the order; and

(b)without limiting the above—

(i)things done by the person to ensure that any failure by the person to comply with this Act or the bus law or specified aspects of this Act or the bus law does not continue; and

(ii)the results of those things having been done;

corresponding interstate bus law means a law of the Commonwealth, another State or a Territory that corresponds or substantially corresponds to a bus law.

*                *                *                *                *

111Exclusion orders

(1)A court that finds a person guilty of an offence against this Act or a bus law may, on the application of the prosecutor or Safe Transport Victoria, if the court considers the person to be a systematic or persistent offender against this Act or a bus law, make an order under this section.

(2)For the purpose of restricting opportunities for the person to commit or be involved in the commission of further offences against this Act or a bus law, the court may, if it considers it appropriate to do so, make an exclusion order prohibiting the person, for a specified period, from—

*                *                *                *                *

(b)providing, or managing the provision of, bus services; or

(c)being a director, secretary or officer concerned in the management of a body corporate involved in—

*                *                *                *                *

(ii)providing, or managing the provision of, bus services in this jurisdiction.

*                *                *                *                *

(3)The court may only make an order under this section if it is satisfied that the person should not continue the things the subject of the proposed order and that a supervisory intervention order is not appropriate, having regard to—

(a)the offences against this Act or a bus law of which the person has previously been found guilty; and

(b)the offences against this Act or a bus law for which the person has been proceeded against by way of unwithdrawn expiation notices or infringement notices; and

(c)any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with the provision of bus services.

(4)A court that has power to make an exclusion order may revoke or amend an exclusion order on the application of—

(a)Safe Transport Victoria; or

(b)the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment.

(5)A person who is subject to an exclusion order must not engage in conduct that results in a contravention of the order.

Penalty:In the case of a natural person $20 000;

In the case of a body corporate, $100 000.

112Adverse publicity order

(1)A court that finds a person guilty of an offence against this Act, a bus law or marine law may, on the application of the prosecutor, Safe Transport Victoria, make an order under this section.

(2)The court may make an adverse publicity order requiring the offender to do all or any of the following—

(a)to take either or both of the following actions within the period specified in the order—

(i)to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;

(ii)to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and

(b)to give, Safe Transport Victoria within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.

(3)The court may make an order under this section in addition to—

(a)imposing a penalty on the offender; or

(b)making any other order that the court may make in relation to the offence.

(4)This section does not limit a court's powers under any other provision of this Act.

113Release on the giving of a safety undertaking

(1)If a court convicts a person or finds a person guilty of an offence against this Act or a bus law the court may (with or without recording a conviction) adjourn the proceeding for a period of up to 2 years and make an order for the release of the offender on the offender giving an undertaking with specified conditions.

(2)An undertaking must specify the following conditions—

(a)that the offender appears before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned;

(b)that the offender does not commit, during the period of the adjournment, any offence against this Act or a bus law;

(c)that the offender observes any special conditions imposed by the court.

(3)Without limiting subsection (2)(c), the court may impose on an offender special conditions that the offender—

(a)engage a consultant, who is approved in writing by Safe Transport Victoria, to advise on or assist with safety matters; or

(b)develop and implement a systematic approach to managing risks to safety that arise or may arise in the conduct of the offender's undertaking; or

(c)arrange for the carrying out of an audit of the offender's undertaking in relation to safety by an independent person who is approved in writing by Safe Transport Victoria.

(4)An offender who has given an undertaking under this section may be called on to appear before the court—

(a)by order of the court; or

(b)by notice issued by the proper officer (within the meaning of section 72(4) of the Sentencing Act 1991) of the court.

(5)An order or notice under subsection (4) must be served on the offender not less than 4 days before the time specified in it for the appearance.

(6)If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the undertaking, it must discharge the offender without any further hearing of the proceeding.

(7)The court may make an order under this section in relation to an offender in addition to or instead of—

(a)imposing a penalty on the offender; or

(b)making any other order that the court may make in relation to the offence.

114Variation or contravention of orders under section 113

Section 78 and Part 3C of the Sentencing Act 1991 (and any definitions in that Act of terms used in that section or Part) apply to an order under section 113 of this Act for the release of an offender as though they were incorporated into this Act and as though—

(a)a reference to Subdivision (2) or (3) were instead a reference to section 99 of this Act; and

(b)a reference to section 72 or 75 were a reference to section 113 of this Act; and

(c)a reference to a prescribed person, a member of a prescribed class of persons, the informant or a police prosecutor were instead a reference to Safe Transport Victoria; and

(d)the reference in section 83AC of the Sentencing Act 1991 to a level 10 fine were instead a reference to a fine not exceeding 10 penalty units for a natural person or 50 penalty units for a body corporate; and

(e)any other necessary modifications were made.

PART 7—SAFE TRANSPORT VICTORIA AND TRANSPORT SAFETY OFFICERS

Division 1—Safe Transport Victoria

115Chief Executive of Safe Transport Victoria has functions and powers of a transport safety officer

(1)The Chief Executive of Safe Transport Victoria has all the functions and powers that a transport safety officer has under this Act.

(2)Accordingly, a reference in this Act to a transport safety officer includes a reference to the Chief Executive of Safe Transport Victoria.

(3)Subsection (2) applies unless the context otherwise requires.

Division 2—Transport safety officers

Subdivision 1—Appointment

116Appointment

(1)Safe Transport Victoria, by instrument, may appoint as a transport safety officer any person who is suitably qualified or trained to exercise the powers of a transport safety officer under this Act or a transport safety law.

Note

A person appointed under subsection (1) may but need not be a person employed in the Department under Part 3 of the Public Administration Act 2004.

(2)An appointment under subsection (1) is for a term, and subject to the conditions, specified in the instrument.

(3)Without limiting the conditions to which the appointment of a transport safety officer may be subject, a condition may specify one or more of the following—

(a)the functions and powers under this Act or a transport safety law that may not be performed or exercised by the transport safety officer;

(b)the only functions and powers under this Act or a transport safety law that may be performed or exercised by the transport safety officer;

(c)the circumstances or manner in which a function or power under this Act or a transport safety law may be performed or exercised by the transport safety officer.

(4)To avoid doubt, a transport safety officer is an officer of the State.

117Identity cards

(1)Safe Transport Victoria must issue an identity card to a transport safety officer appointed under section 116.

(2)An identity card must—

(a)state the transport safety officer's name and their appointment as a transport safety officer; and

(b)include any other matter that is prescribed.

118Return of identity cards

If a person to whom an identity card has been issued ceases to be a transport safety officer, the person must return the identity card to Safe Transport Victoria as soon as practicable.

Penalty:$5 000.

119Production of identity card

(1)A transport safety officer must produce his or her identity card for inspection—

(a)before exercising a power under this Act or a transport safety law; or

(b)if asked to do so by any person at any time during the exercise of a power under this Act or a transport safety law.

(2)However, a transport safety officer need not produce his or her identity card when asked to do so if—

(a)the officer reasonably believes that the production of his or her identity card would—

(i)affect the safety or welfare of any person; or

(ii)frustrate the effective exercise of a power under this Act or a transport safety law; or

(b)the request to produce his or her identity card is made by a person to whom the officer has already produced that identity card on the same day before exercising a power under this Act or a transport safety law.

(3)Any action taken or thing done by a transport safety officer under this Act or a transport safety law is not invalidated by his or her failure to produce his or her identity card.

Subdivision 2—Functions and powers of transport safety officers

120Functions and powers

(1)A transport safety officer has the functions and powers conferred on a transport safety officer under—

(a)this Act; and

(b)a transport safety law.

(2)In addition, a transport safety officer has the following functions—

(a)to provide information and advice about compliance with this Act or a transport safety law;

(b)to require compliance with this Act or a transport safety law through the issuing of notices;

(c)to investigate contraventions of this Act or a transport safety law;

(d)to assist in the prosecution of offences against this Act or a transport safety law.

(3)Without limiting subsection (1) or (2), a transport safety officer has the following functions—

(a)to provide information and advice about compliance with a harbour master licence;

(b)to require compliance with a harbour master licence;

(c)to investigate alleged contraventions of a harbour master licence;

(d)to assist in the prosecution of offences relating to the alleged contraventions of a harbour master licence.

121Transport safety officers subject to Safe Transport Victoria's direction

(1)Safe Transport Victoria may give a direction to a transport safety officer in relation to that officer's performance or exercise of a function or power under this Act or a transport safety law.

(2)A direction under subsection (1) may—

(a)be of general nature;

(b)relate to a specified matter or class of matter.

122Transport safety officer may take affidavits

A transport safety officer is authorised to take affidavits for any purpose relating or incidental to the performance or exercise of his or her functions or powers under this Act or a transport safety law.

123Attendance of transport safety officer at inquiries

A transport safety officer may participate in any inquiry into—

(a)the cause of any death or injury of a person while carrying out, as the case requires, bus safety work or marine safety work; or

(b)any other incident or event relevant to safety at bus premises or marine premises, or on a bus or vessel.

Subdivision 3—Offences in relation to transport safety officers

124Offence to hinder or obstruct transport safety officer

(1)A person must not intentionally hinder or obstruct a transport safety officer in exercising his or her powers under this Act or a transport safety law, or induce or attempt to induce any other person to do so.

Penalty:$10 000.

(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.

125Offence to impersonate transport safety officer

A person who is not a transport safety officer must not, in any way, hold himself or herself out to be a transport safety officer.

Penalty:$10 000.

126Offence to assault, threaten or intimidate transport safety officer

(1)A person must not directly or indirectly assault, threaten or intimidate, or attempt to assault, threaten or intimidate, a transport safety officer or a person assisting a transport safety officer.

Penalty:In the case of a natural person, $50 000 or imprisonment for 2 years, or both;

In the case of a body corporate, $250 000.

(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.

PART 8—GENERAL

127Legal professional privilege

Nothing in this Act or a transport safety law requires a person to produce a document that would disclose information or otherwise provide information that is the subject of legal professional privilege.

128Recovery of costs

*                *                *                *                *

(2)Safe Transport Victoria may recover from a person with control or management of bus premises or marine premises or a bus or vessel as a debt due to Safe Transport Victoria, in a court of competent jurisdiction, the reasonable costs of—

(a)entry and inspection of the premises under this Act; or

(b)inspection of the bus or vessel under this Act.

(3)To avoid doubt—

*                *                *                *                *

(b)subsection (2) does not apply to the costs of an inspection forming part of a safety audit conducted under section 20 of the Bus Safety Act 2009.

129Corporations Act displacement

Section 111 is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D of that Act.

Note

Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

*                *                *                *                *

131Service of documents

(1)A notice or document required or authorised by or under this Act or a transport safety law to be given or served on a person may be served on the person—

(a)by delivering it personally to the person; or

(b)be sending it by post addressed to the person to the person's last known address; or

(c)if the person holds an accreditation or has been granted an exemption, under a transport safety law—

(i)by sending it by post addressed to the person to that person's address for service; or

(ii)be left for the person at the person's address for service with someone apparently over the age of 16 years.

(2)In this section—

address for service of a person is the address last provided by the person in writing to Safe Transport Victoria as the address for service.

132Regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)prescribing transport safety infringements for which a transport safety infringement notice may be served; and

(b)in addition to the requirements of section 13 of the Infringements Act 2006, any particulars, not inconsistent with that Act, to be contained in a transport safety infringement notice; and

*                *                *                *                *

(e)the penalty for any transport safety infringement; and

(f)the form of a withdrawal notice; and

(g)the method of service of a withdrawal notice; and

(h)the form of the document setting out particulars of prior convictions or findings of guilt; and

(i)the form of notices to be endorsed on the document setting out particulars of prior convictions; and

(j)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)The regulations may—

(a)provide that a transport safety infringement applies, or does not apply, at times, on days, in circumstances or at places identified in the regulations; and

(b)provide that a transport safety infringement applies, or does not apply, to a person or a class of person, specified in the regulations; and

(c)allow for a different amount of penalty for a transport safety infringement according to the circumstances in which the offence is committed or the extent of the contravention constituting the offence.

(3)Regulations made under this section may—

(a)be of general or of limited application; and

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

(c)confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

(d)provide in a specified case or class of case for the exemption of persons or things from any of the provisions of this Act or the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and

(e)impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

(4)Regulations made for the purposes of subsection (1)(a) or (b) must not be inconsistent with the Infringements Act 2006.

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

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

Minister's second reading speech—

Legislative Assembly: 20 February 2014

Legislative Council: 27 March 2014

The long title for the Bill for this Act was "A Bill for an Act to provide a scheme for the enforcement of transport system safety legislation by re‑enacting, with modifications, provisions of the scheme under the Transport (Compliance and Miscellaneous) Act 1983 for the enforcement of transport system safety legislation and adopting and adapting provisions from the Rail Safety National Law and for other purposes."

The Transport (Safety Schemes Compliance and Enforcement) Act 2014 was assented to on 8 April 2014 and came into operation as follows:

Sections 1–5, 157 and 158 on 18 May 2014: Special Gazette (No. 148) 13 May 2014 page 1; sections 6–156, 159, 160 on 19 May 2014: Special Gazette (No. 148) 13 May 2014 page 2.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

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

References to ILA s. 39B

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

Interpretation

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

•     Headings

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

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

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

•     Location of "legislative items"

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

•     Other material

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

2   Table of Amendments

This publication incorporates amendments made to the Transport (Safety Schemes Compliance and Enforcement) Act 2014 by Acts and subordinate instruments.

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

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

Assent Date:	8.4.14
Commencement Date:	S. 160 on 19.5.15: s. 160
Current State:	This information relates only to the provision/s amending the Transport (Safety Schemes Compliance and Enforcement) Act 2014

Fines Reform Act 2014, No. 47/2014 (as amended by No. 20/2015)

Assent Date:	1.7.14
Commencement Date:	Ss 315, 316 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Transport (Safety Schemes Compliance and Enforcement) Act 2014

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 57) on 1.8.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Transport (Safety Schemes Compliance and Enforcement) Act 2014

Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017, No. 68/2017

Assent Date:	19.12.17
Commencement Date:	Ss 109–120 on 20.12.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Transport (Safety Schemes Compliance and Enforcement) Act 2014

Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019, No. 7/2019

Assent Date:	26.3.19
Commencement Date:	S. 39 on 27.3.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Transport (Safety Schemes Compliance and Enforcement) Act 2014

Marine and Fisheries Legislation Amendment Act 2019, No. 35/2019

Assent Date:	22.10.19
Commencement Date:	S. 17 on 1.1.20: Special Gazette (No. 537) 17.12.19 p. 2
Current State:	This information relates only to the provision/s amending the Transport (Safety Schemes Compliance and Enforcement) Act 2014

Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019

Assent Date:	6.11.19
Commencement Date:	Ss 20–88 on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1
Current State:	This information relates only to the provision/s amending the Transport (Safety Schemes Compliance and Enforcement) Act 2014

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

Assent Date:	10.8.21
Commencement Date:	Ss 101, 102 on 3.11.21: Special Gazette (No. 578) 19.10.21 p. 1; ss 99, 100, 103 on 1.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Transport (Safety Schemes Compliance and Enforcement) Act 2014

Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022

Assent Date:	24.5.22
Commencement Date:	Ss 83, 84 on 1.3.23: s. 2(3)
Current State:	This information relates only to the provision/s amending the Transport (Safety Schemes Compliance and Enforcement) Act 2014

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date:	21.11.23
Commencement Date:	S. 127(Sch. 1 item 18) on 22.11.23: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Transport (Safety Schemes Compliance and Enforcement) Act 2014

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

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 48) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Transport (Safety Schemes Compliance and Enforcement) Act 2014

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3   Explanatory details

No entries at date of publication.