Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2024 (Vic)

Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2024

S.R. No. 98/2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Table in Schedule 2 amended

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Endnotes

STATUTORY RULES 2024

S.R. No. 98/2024

Transport (Safety Schemes Compliance and Enforcement) Act 2014

Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 24 September 2024

Responsible Minister:

GABRIELLE WILLIAMS
Minister for Public and Active Transport

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2024 to prescribe further transport safety infringements as a result of amendments to the Bus Safety Act 2009 arising from the enactment of the Transport Legislation Amendment Act 2023.

2Authorising provision

These Regulations are made under section 132 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014.

3Commencement

These Regulations come into operation on 1 October 2024.

4Table in Schedule 2 amended

In the Table in Schedule 2 to the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2024[1], after item 139 insert—

"139A	s. 55J	As bus driver, provide a commercial bus or minibus service or a local bus service without accreditation	12 penalty units	2557
139B	s. 55U	As accredited bus driver, fail to comply with an accreditation condition	7⸱5 penalty units	8889
139C	s. 55VB(1)	As accredited bus driver, fail to sign a certificate of driver accreditation in paper form on receiving it	1⸱25 penalty units	6566
139D	s. 55VC(1)	As accredited bus driver, fail to notify Safe Transport Victoria and return certificate of accreditation within 5 business days of changing residential address	1⸱25 penalty units	8890
139E	s. 55VD(1)	As person issued with a bus driver accreditation, fail to notify the accredited bus operator within 5 business days of receiving notice of cancellation or suspension of accreditation	1⸱25 penalty units	8891
139F	s. 55VE(1)	As accredited bus driver, fail to notify Safe Transport Victoria within 20 business days of being charged with, or found guilty of, a disqualifying offence	1⸱25 penalty units	8892
139G	s. 55VE(2)	As accredited bus driver, fail to notify Safe Transport Victoria within 20 business days of becoming subject to reporting obligations or an order of a kind referred to in section 55O(2)(c)	1⸱25 penalty units	8893
139H	s. 55VF(1)	As accredited bus driver, fail to return to Safe Transport Victoria an illegible, altered or defaced certificate of accreditation within 5 business days	1⸱25 penalty units	8894
139I	s. 55VG(1)	As person issued with a bus driver accreditation, fail to return certificate of accreditation to Safe Transport Victoria within 20 business days of receiving notice of cancellation or suspension	1⸱25 penalty units	8895
139J	s. 55VH(1)	As accredited bus driver, fail to carry certificate of accreditation when driving	1⸱25 penalty units	8896
139K	s. 55VK(1)	As accredited bus driver, refuse or fail to produce certificate of accreditation when requested to do so by transport safety officer or police officer	1⸱25 penalty units	8897
139L	s. 55ZG	As accredited bus driver, fail to notify Safe Transport Victoria and return certificate of accreditation within 5 business days of driver licence cancellation or suspension	1⸱25 penalty units	2566".

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ENDNOTES

[1] Reg. 4: S.R. No. 30/2024.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.