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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Bus Safety Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Objects of bus safety 17
5 Crown to be bound 18
6 Interaction with Occupational Health and Safety Act 18
7 Declaration powers of Safety Director 19
8 Declaration of substances to be a drug 21
PART 2--PRINCIPLES OF BUS SAFETY 22
9 Principle of shared responsibility 22
10 Principle of accountability for managing safety risks 22
11 Principle of enforcement 23
12 Principle of transparency and consistency 23
13 Principle of participation, consultation and involvement of all
affected persons 23
PART 3--BUS SAFETY DUTIES 24
Division 1--The concept of ensuring safety 24
14 The concept of ensuring safety 24
Division 2--Safety duties 25
15 Duty of operator 25
16 Duty of procurer 25
17 Duty of bus safety worker 26
18 Duties in relation to bus stopping points and bus stop
infrastructure 26
Division 3--Bus inspections and safety audits 27
19 Bus safety inspections 27
20 Safety audits 28
561244B.I-3/12/2008 i BILL LA INTRODUCTION 3/12/2008
Clause Page
PART 4--ACCREDITATION AND REGISTRATION 29
Division 1--Preliminary matters 29
21 Purpose of accreditation 29
22 Registration of operator of bus services that are not commercial
bus services or local bus services 29
23 Registration or accreditation of taxi-cab that is a bus 31
Division 2--Accreditation 32
24 Offence for operator to operate commercial bus service or local
bus service unless accredited 32
25 Application for accreditation 32
26 Criteria on which accreditation application to be assessed 34
Division 3--Accreditation refusal 35
27 Accreditation application to be refused in certain circumstances 35
28 Accreditation may be refused in certain circumstances 36
29 Decision on application may be postponed 36
30 Disqualification from ability to apply for accreditation 37
31 Notification and reasons to be given if accreditation refused 37
Division 4--Provisions relating to accreditation 38
32 Classes of accreditation 38
33 Issue of certificate of accreditation 38
34 Accreditation granted subject to conditions 39
35 Mandatory conditions of accreditation 40
36 Offence to fail to comply with conditions 42
37 Time within which Safety Director must make decision whether
to accredit 42
38 How long accreditation lasts 42
39 Accreditation cannot be transferred 43
Division 5--Variation and surrender of accreditation 43
40 Accredited bus operator may apply for variation 43
41 Accredited bus operator to notify of relevant changes in
circumstances 45
42 Variation of accreditation on Safety Director's own initiative 46
43 Surrender of accreditation 48
Division 6--Bus services under corresponding law 49
44 Unregistered and unaccredited operators from outside Victoria 49
45 Criteria on which accreditation application of operator
accredited under corresponding law to be assessed 49
46 Notification of changes in circumstances in respect of
accreditation under corresponding law 51
47 Co-ordination between Safety Director and corresponding
Bus Safety Regulator 51
561244B.I-3/12/2008 ii BILL LA INTRODUCTION 3/12/2008
Clause Page
Division 7--Suspension, cancellation and other disciplinary action 52
48 Power of immediate suspension 52
49 Mandatory cancellation 54
50 Disciplinary action against an accredited bus operator 54
51 Procedure and powers concerning disciplinary inquiries 55
52 Effect of suspension 56
Division 8--Miscellaneous 56
53 Operator to return certificate and plates when accreditation
cancelled or surrendered 56
54 Safety Director may request information 57
55 Communication with responsible person 57
PART 5--ALCOHOL AND DRUG MANAGEMENT POLICY 58
56 Alcohol and drug management policy 58
57 Form and content of alcohol and drug management policy 58
PART 6--REVIEW OF DECISIONS 61
58 Review by VCAT 61
PART 7--CODES OF PRACTICE 63
59 Codes of practice 63
60 Revisions to approved codes of practice 63
61 Revocation of approvals of codes of practice 64
62 Availability of approved codes of practice 64
63 Minister must consult before approving code of practice or
revision to code of practice 64
64 Effect of approved code of practice 65
PART 8--GENERAL 66
Division 1--General 66
65 Notification of incidents 66
66 Offence to provide false or misleading information 66
67 Safety Director may set accreditation fees 67
68 Imputing conduct to bodies corporate 68
69 Liability of officers of bodies corporate 69
70 Effect of compliance with regulations or approved codes of
practice 70
71 Tabling and disallowance of approved codes of practice 70
561244B.I-3/12/2008 iii BILL LA INTRODUCTION 3/12/2008
Clause Page
Division 2--Regulations 71
72 General 71
73 Bus services and bus safety work 72
74 Safety duties 73
75 Inspections and safety audits 74
76 Accreditation and registration 76
77 Fees 77
78 Transitional regulations 78
PART 9--AMENDMENTS TO OTHER ACTS AND REPEAL
OF PART 79
Division 1--Magistrates' Court Act 1989 79
79 Amendment of Schedule 4--Indictable offences which may be
heard summarily 79
55AA Bus Safety Act 2008 79
Division 2--Public Transport Competition Act 1995 79
80 Amendment of section 12--Duration of accreditation 79
81 Section 1 substituted--Purpose of Act 80
1 Purpose 80
82 Consequential amendments 80
83 Change of name of Act 82
84 New section 4A inserted 83
4A Declaration power of Director 83
Division 3--Rail Safety Act 2006 84
85 Amendment of section 55--Safety Director may vary, revoke
or impose new conditions or restrictions of an accreditation
on own initiative 84
Division 4--Road Management Act 2004 84
86 Consequential amendment 84
Division 5--Road Safety Act 1986 84
87 Definitions 84
88 Amendment of Part 10A definitions 85
89 New section 191BA inserted 85
191BA Fatigue regulated heavy vehicle that is a bus 85
Division 6--Safety on Public Land Act 2004 85
90 Consequential amendment 85
561244B.I-3/12/2008 iv BILL LA INTRODUCTION 3/12/2008
Clause Page
Division 7--Transport Act 1983 86
91 Definitions 86
92 Consequential amendments 87
93 Amendment of section 9ZA--Safety Director to conduct
cost-benefit analysis of and consult about mandatory rail
safety decisions 88
94 Amendment of section 86--Definitions 89
95 Amendment of Division 6 of Part VI 89
96 Amendment of section 228S--Definitions 91
97 Power of entry 92
98 Procedure for entry with consent 92
99 Improvement notices 92
100 Prohibition notice 93
101 Amendment of section 249B--Regulations with respect to
services operated by a passenger transport company etc. 93
102 Repeal of Part 94
ENDNOTES 95
561244B.I-3/12/2008 v BILL LA INTRODUCTION 3/12/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Bus Safety Bill 2008
A Bill for an Act to provide for the safe operation of bus services in
Victoria, to amend the Public Transport Competition Act 1995, the
Rail Safety Act 2006, the Road Safety Act 1986 and the Transport
Act 1983, to make consequential amendments to certain other Acts
and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to--
(a) provide for the safe operation of bus services
5 in Victoria;
(b) make related amendments to the Public
Transport Competition Act 1995, the Rail
Safety Act 2006, the Road Safety Act 1986,
561244B.I-3/12/2008 1 BILL LA INTRODUCTION 3/12/2008
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Part 1--Preliminary
s. 2
the Transport Act 1983 and certain other
Acts;
(c) change the title of the Public Transport
Competition Act 1995 to the Bus Services
5 Act 1995.
2 Commencement
(1) This section and sections 1 and 80 come into
operation on the day after the day on which this
Act receives the Royal Assent.
10 (2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 31 December 2010, it comes into
15 operation on that day.
3 Definitions
(1) In this Act--
accreditation fee means the fee to be paid in
respect of an application for accreditation
20 under Part 4 or any annual accreditation
fee--
(a) set by the Safety Director under
section 67; or
(b) if a fee has not been set by the Safety
25 Director, the prescribed fee;
accredited bus operator means a bus operator
accredited under Part 4;
approved training course means a course of
training provided in this State or another
30 State or Territory that--
(a) is prescribed; or
(b) is approved by the Safety Director;
561244B.I-3/12/2008 2 BILL LA INTRODUCTION 3/12/2008
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Part 1--Preliminary
s. 3
Australian Design Rules means the Australian
Design Rules for Motor Vehicles and
Trailers, endorsed by the Australian
Transport Advisory Council and published
5 pursuant to section 7 of the Motor Vehicle
Standards Act 1989 of the Commonwealth;
bus means--
(a) a motor vehicle that has been built--
(i) with seating positions for 10 or
10 more adults (including the driver);
and
(ii) to comply with the requirements
specified in the Australian Design
Rules for a passenger omnibus
15 (within the meaning of those
Rules);
(b) a motor vehicle prescribed to be a bus;
(c) a motor vehicle which the Safety
Director has declared to be a bus under
20 section 7(1)--
but does not include--
(d) subject to section 23, a vehicle which is
a taxi-cab in respect of which a taxi-cab
licence is granted under the Transport
25 Act 1983;
(e) a motor vehicle prescribed not to be a
bus;
(f) a motor vehicle which the Safety
Director has declared not to be a bus;
561244B.I-3/12/2008 3 BILL LA INTRODUCTION 3/12/2008
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Part 1--Preliminary
s. 3
(g) a vehicle known as a Hummer;
Examples
1 A passenger car modified to have more than
9 seats (for example, a stretch limousine) is not a
5 bus.
2 A motor vehicle that is built as a bus but which
has had seats removed so that it seats less than
10 adults is still a bus.
3 A motor vehicle built overseas as a bus is a bus
10 unless it is a motor vehicle built to be a Hummer.
bus safety work means an activity that may affect
the safety of bus services including--
(a) driving a bus or activities associated
with driving a bus;
15 (b) designing, constructing, supplying,
repairing, modifying, maintaining,
monitoring, examining or testing a bus;
(c) designing, constructing, supplying,
installing, repairing, modifying,
20 maintaining, monitoring, examining or
testing equipment in or on a bus;
(d) setting or altering a schedule or
timetable for a bus service;
(e) a prescribed activity;
25 bus safety worker means a person who has carried
out, is carrying out or is about to carry out,
bus safety work including a person who is--
(a) employed or engaged by a bus operator
to carry out bus safety work;
30 (b) engaged by any other person to carry
out bus safety work;
(c) a trainee;
(d) a volunteer;
561244B.I-3/12/2008 4 BILL LA INTRODUCTION 3/12/2008
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Part 1--Preliminary
s. 3
bus service means the operation of one or more
buses to provide a service for the transport of
passengers by road;
bus stop infrastructure has the same meaning as
5 it has in section 48H of the Road
Management Act 2004;
bus stopping point has the same meaning as it has
in section 48H of the Road Management
Act 2004;
10 commercial bus service means--
(a) a route bus service;
(b) a demand responsive bus service;
(c) a tour and charter bus service;
(d) a courtesy bus service (other than a
15 non-commercial courtesy bus service);
(e) a bus service which is a prescribed
class of commercial bus service;
(f) a bus service which is declared by the
Safety Director to be a commercial bus
20 service--
if that bus service operates a bus built with
seating positions for 13 or more adults
(including the driver) to provide that service
but does not include--
25 (g) a bus service in a class of bus service
which is prescribed not to be a class of
commercial bus service;
(h) a bus service which is declared by the
Safety Director not to be a commercial
30 bus service;
561244B.I-3/12/2008 5 BILL LA INTRODUCTION 3/12/2008
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Part 1--Preliminary
s. 3
community and private bus service means a
service--
(a) consisting of the carriage of passengers
by a bus for or in connection with the
5 activities of a religious, educational,
health, welfare, philanthropic, sporting
or social body; and
(b) which is provided for no consideration
or for consideration which is limited to
10 the costs or part of the costs incurred in
making the journey;
co-operative has the same meaning as in the
Co-operatives Act 1996;
corresponding Bus Safety Regulator means--
15 (a) the person who, or body that, has
functions or powers under a
corresponding law that substantially
correspond to the functions and powers
of the Safety Director under this Act; or
20 (b) a person prescribed by the regulations
as the corresponding Bus Safety
Regulator for another State or Territory
of the Commonwealth for the purposes
of this Act;
25 corresponding law means--
(a) the law of another State or a Territory
of the Commonwealth corresponding,
or substantially corresponding, to this
Act; or
30 (b) a law of another State or Territory of
the Commonwealth that is declared
under the regulations to be a
corresponding law, whether or not the
law corresponds, or substantially
35 corresponds, to this Act;
561244B.I-3/12/2008 6 BILL LA INTRODUCTION 3/12/2008
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Part 1--Preliminary
s. 3
courtesy bus service means a service consisting of
the carriage of passengers by a bus for any
consideration or in the course of any trade or
business;
5 demand responsive bus service means a service
consisting of the carriage of passengers by a
bus for hire or reward within a specified area
on a regular basis along a route which varies
in accordance with the demand of
10 prospective passengers and for which
passengers are each charged a separate fare;
Department means the Department of Transport;
disqualifying offence means a tier 1 offence, a
tier 2 offence or a tier 3 offence;
15 drug means a substance that is a drug for the
purposes of this Act by virtue of a
declaration under section 8 or any other
substance (other than alcohol) which, when
consumed or used by a person, deprives that
20 person (temporarily or permanently) of any
of his or her normal mental or physical
faculties;
hire and drive bus service means a service
consisting of the provision of a bus for hiring
25 (otherwise than under a hire-purchase
agreement within the meaning of the Fair
Trading Act 1999) by a person for a certain
period for valuable consideration on the
condition that it will be driven during that
30 period by the hirer or another person on
behalf of the hirer;
incorporated association has the same meaning as
in the Associations Incorporation Act
1981;
561244B.I-3/12/2008 7 BILL LA INTRODUCTION 3/12/2008
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Part 1--Preliminary
s. 3
local bus service means a service consisting of the
carriage of passengers by a bus that--
(a) is operated on a regular basis or subject
to demand; and
5 (b) is available for use by the general
public; and
(c) is not operated for hire or reward;
Example
A bus service provided by a Council (within the
10 meaning of the Local Government Act 1989) or a
housing authority for the benefit of residents in a
locality or members of the general public is a local
bus service.
non-commercial courtesy bus service means a
15 bus service declared by the Safety Director
under section 7(1)(c) to be a non-commercial
courtesy bus service;
officer, in relation to a body corporate other than a
company, co-operative or incorporated
20 association, means a member of the
committee of management of the body
corporate;
officer, in relation to a company, means--
(a) a director or secretary of the company;
25 or
(b) a person--
(i) who makes, or participates in
making, decisions that affect the
whole, or a substantial part, of the
30 business of the company; or
(ii) who has the capacity to affect
significantly the company's
financial standing; or
561244B.I-3/12/2008 8 BILL LA INTRODUCTION 3/12/2008
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Part 1--Preliminary
s. 3
(iii) in accordance with whose
instructions or wishes the
directors of the company are
accustomed to act (excluding
5 advice given by the person in the
proper performance of functions
attaching to the person's
professional capacity or their
business relationship with the
10 directors of the company);
officer, in relation to a co-operative, means--
(a) a director or secretary of the
co-operative; or
(b) a person who is concerned, or takes
15 part, in the management of the
co-operative, whether or not as a
director;
officer, in relation to an incorporated association
means--
20 (a) the public officer or secretary (within
the meaning of the Associations
Incorporation Act 1981) of the
incorporated association; or
(b) a member of the committee (within the
25 meaning of the Associations
Incorporation Act 1981) of the
incorporated association; or
(c) a person who is concerned, or takes
part, in the management of the
30 incorporated association;
operator, in relation to a bus service, means a
person who is responsible for controlling or
directing the operations of a bus service in
connection with a business or activity for, or
35 involving, the transport of passengers by
561244B.I-3/12/2008 9 BILL LA INTRODUCTION 3/12/2008
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Part 1--Preliminary
s. 3
road by that bus service, but does not include
a person who merely--
(a) arranges for the registration of a bus; or
(b) maintains or arranges for the
5 maintenance of a bus;
prescribed means prescribed by the regulations;
procurer means a person who charters a bus
service or otherwise engages with an
operator for the purposes of using the bus
10 service, whether or not the provision of the
bus service is on a commercial basis;
registered bus operator means an operator
registered to operate a bus service under
section 22;
15 regulations means regulations made under this
Act;
responsible person, in relation to an applicant for
accreditation to operate a commercial bus
service or local bus service or an accredited
20 operator, means--
(a) if the applicant or accredited operator is
a natural person, the applicant or
operator; or
(b) if the applicant or accredited operator is
25 a partnership, a partner who is
concerned, or takes part, in the
management of the activities to which
the application or accreditation relates;
or
30 (c) if the applicant or accredited operator is
an unincorporated body or association
other than a partnership, a member of
the committee of management of the
body or association who is concerned,
35 or takes part, in the management of the
561244B.I-3/12/2008 10 BILL LA INTRODUCTION 3/12/2008
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Part 1--Preliminary
s. 3
activities to which the application or
accreditation relates; or
(d) if the applicant or accredited operator is
a company, a co-operative or an
5 incorporated association, an officer of
the company, co-operative or
incorporated association; or
(e) if the applicant or accredited operator is
a body corporate other than a company,
10 co-operative or incorporated
association, an officer of the body who
is concerned, or takes part, in the
management of the activities to which
the application or accreditation relates;
15 route bus service means a bus service consisting
of the carriage of passengers by a bus for
hire or reward operated along a fixed route
on a regular basis;
Safety Director means the Director, Public
20 Transport Safety appointed under section 9L
of the Transport Act 1983;
Secretary means the Secretary to the Department;
tier 1 offence means--
(a) an offence against the Crimes Act
25 1958 that involves sexual penetration
(within the meaning given by section
35(1) of that Act); or
(b) an offence against a provision of the
Crimes Act 1958 amended or repealed
30 before the commencement of Part 2 of
the Transport (Taxi-cab
Accreditation and Other
Amendments) Act 2006 of which the
necessary elements at the time it was
35 committed consisted of elements that
561244B.I-3/12/2008 11 BILL LA INTRODUCTION 3/12/2008
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Part 1--Preliminary
s. 3
constitute an offence referred to in
paragraph (a); or
(c) an offence specified in clause 1 of
Schedule 1 to the Sentencing Act
5 1991, if the victim of the offence was a
child or a person with a cognitive
impairment, that is not an offence
referred to in paragraph (a) or (b); or
(d) an offence against section 271.4
10 (trafficking in children), or section
271.7 (domestic trafficking in children),
of the Criminal Code of the
Commonwealth; or
(e) an offence against section 5A of the
15 Crimes Act 1958; or
(f) an offence against section 318 of the
Crimes Act 1958; or
(g) a child pornography offence within the
meaning of the Working with
20 Children Act 2005; or
(h) an offence within the meaning of
Division 101 of the Criminal Code of
the Commonwealth; or
(i) an offence specified in clause 3 of
25 Schedule 1 to the Sentencing Act
1991; or
(j) an indictable offence involving fraud or
dishonesty; or
(k) an offence specified in clause 4 of
30 Schedule 1 to the Sentencing Act
1991; or
561244B.I-3/12/2008 12 BILL LA INTRODUCTION 3/12/2008
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Part 1--Preliminary
s. 3
(l) an offence under a law of a jurisdiction
other than Victoria (including
jurisdictions outside Australia) that, if it
had been committed in Victoria, would
5 have constituted an offence of a kind
listed in this definition;
tier 2 offence means--
(a) an offence specified in clause 1 of
Schedule 1 to the Sentencing Act 1991
10 that is not an offence referred to in
paragraph (a), (b), (c), (d), (e) or (f) of
the definition of tier 1 offence; or
(b) an offence specified in clause 2 of
Schedule 1 to the Sentencing Act 1991
15 that is not an offence specified in
clause 3 of that Schedule; or
(c) an offence against section 24 of the
Crimes Act 1958 arising out of the
driving of a motor vehicle by the
20 offender; or
(d) an offence against section 319(1) of the
Crimes Act 1958; or
(e) an offence against section 319(1A) of
the Crimes Act 1958; or
25 (f) an offence against section 271.3
(aggravated offence of trafficking in
persons), or section 271.6 (aggravated
offence of domestic trafficking in
persons), of the Criminal Code of the
30 Commonwealth; or
(g) an offence against section 61 of the
Road Safety Act 1986 resulting in a
person being killed or suffering serious
injury; or
561244B.I-3/12/2008 13 BILL LA INTRODUCTION 3/12/2008
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Part 1--Preliminary
s. 3
(h) a summary offence involving fraud or
dishonesty; or
(i) an offence against this Act; or
(j) an offence against the Bus Services
5 Act 1995; or
(k) an offence under a law of a jurisdiction
other than Victoria (including
jurisdictions outside Australia) that, if it
had been committed in Victoria, would
10 have constituted an offence of a kind
listed in this definition;
tier 3 offence means--
(a) a criminal offence that is not a tier 1
offence or a tier 2 offence; or
15 (b) an offence under a law of a jurisdiction
other than Victoria (including
jurisdictions outside Australia) that, if it
had been committed in Victoria, would
have constituted an offence of a kind
20 listed in this definition;
tour and charter bus service means--
(a) a bus service operated for the carriage
of tourists by a bus for hire or reward to
a common destination; or
25 (b) a bus service operated for the carriage
of a group of persons by bus for hire or
reward by being previously booked or
ordered by that group or by another
person on behalf of that group and in
30 respect of which the members of that
group are not each charged a separate
fare;
volunteer means a person who is acting on a
voluntary basis (irrespective of whether the
35 person receives out-of-pocket expenses).
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Part 1--Preliminary
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(2) For the purposes of the definition of route bus
service in subsection (1)--
(a) a route is a fixed route even if--
(i) a stop on the route is not used on every
5 journey, or ceases to be used altogether;
or
(ii) different routes are used on different
journeys of the bus service to get from
one stop on the route to another stop on
10 the route;
(b) a bus service operates on a regular basis even
if--
(i) it only operates on any particular
occasion if there is a sufficient level of
15 demand for it; or
(ii) it requires a person using it to book or
reserve a place before using it.
(3) A reference to a person who has been found guilty
of an offence is a reference to a person--
20 (a) against whom a court has made a formal
finding that he or she is guilty of the offence;
or
(b) from whom a court has accepted a plea that
he or she is guilty of the offence; or
25 (c) from whom a court has accepted an
admission under section 100 of the
Sentencing Act 1991 that he or she has
committed the offence, or from whom a
similar admission has been accepted under
30 equivalent provisions of the laws of a
jurisdiction other than Victoria; or
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(d) against whom a finding has been made
under--
(i) section 17(1)(b) of the Crimes (Mental
Impairment and Unfitness to be
5 Tried) Act 1997 that he or she was not
guilty of the offence or an offence
available as an alternative because of
mental impairment; or
(ii) the Crimes (Mental Impairment and
10 Unfitness to be Tried) Act 1997 of not
guilty because of mental impairment; or
(iii) section 17(1)(c) of the Crimes (Mental
Impairment and Unfitness to be
Tried) Act 1997 that he or she
15 committed the offence--
or against whom a similar finding has been
made under equivalent provisions of the laws
of a jurisdiction other than Victoria
(including jurisdictions outside Australia)--
20 being an admission, plea or finding that has not
been subsequently quashed or set aside by a court.
(4) A reference to a person who has been charged
with an offence is a reference to a person--
(a) against whom a presentment has been made
25 or an indictment has been laid for the
offence; or
(b) against whom a charge has been filed for the
offence, whether or not--
(i) a summons to answer the charge; or
30 (ii) a warrant to arrest the person--
has been issued or served.
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(5) A reference to a charge that has not been finally
disposed of is a reference to a charge that has not
been finally disposed of by--
(a) being withdrawn or by the entering of a nolle
5 prosequi; or
(b) the charge having been dismissed by a court;
or
(c) the person against whom the charge has been
laid having been discharged by a court
10 following a committal hearing; or
(d) the person against whom the charge has been
laid having been acquitted or found guilty of
the offence that was the subject of the charge
by a court; or
15 (e) any other prescribed means.
4 Objects of bus safety
(1) The objects of this Act are to promote--
(a) the safety of bus services;
(b) the effective management of safety risks in
20 bus services;
(c) continuous improvement in bus safety
management;
(d) public confidence in the safety of the
transport of passengers by bus;
25 (e) the involvement of relevant stakeholders in
bus safety;
(f) a safety culture among persons who
participate in the provision of bus services.
(2) The Parliament does not intend by Part 2 to create
30 in any person any legal right or give rise to any
civil cause of action.
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5 Crown to be bound
(1) This Act binds the Crown--
(a) in right of the State of Victoria;
(b) to the extent that the legislative power of the
5 Parliament permits, the Crown in all its other
capacities.
(2) To avoid doubt, the Crown is a body corporate for
the purposes of this Act or the regulations.
6 Interaction with Occupational Health and Safety
10 Act
(1) If a provision of the Occupational Health and
Safety Act 2004 or the regulations made under
that Act applies to an activity in respect of which
a duty is imposed under Division 2 of Part 3, that
15 provision continues to apply, and must be
observed in addition to that Division and any
regulations made under this Act for the purposes
of that Division.
Note
20 See also section 51 of the Interpretation of Legislation Act
1984.
(2) If a provision of this Act or the regulations made
under this Act is inconsistent with a provision of
the Occupational Health and Safety Act 2004 or
25 the regulations made under that Act, the
Occupational Health and Safety Act 2004 or the
regulations made under it prevail to the extent of
the inconsistency.
(3) Compliance with this Act or the regulations made
30 under this Act, or with any requirements imposed
under this Act or the regulations, is not in itself a
defence in any proceedings for an offence against
the Occupational Health and Safety Act 2004 or
the regulations made under that Act.
561244B.I-3/12/2008 18 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 1--Preliminary
s. 7
(4) Evidence of a relevant contravention of this Act or
the regulations made under this Act is admissible
in any proceedings for an offence against the
Occupational Health and Safety Act 2004 or the
5 regulations made under that Act.
7 Declaration powers of Safety Director
(1) Subject to subsection (2), the Safety Director may
declare by notice published in the Government
Gazette that--
10 (a) a motor vehicle or class of motor vehicle that
is a bus specified in paragraph (a) of the
definition of bus in section 3(1) is not a
motor vehicle or class of motor vehicle that
is a bus within the meaning of that
15 definition;
(b) a motor vehicle or class of motor vehicle that
is not a bus specified in paragraph (a) of the
definition of bus in section 3(1) is to be a
motor vehicle or class of motor vehicle that
20 is a bus within the meaning of that
definition;
(c) a courtesy bus service within the meaning of
the definition of courtesy bus service in
section 3(1) is to be a non-commercial
25 courtesy bus service for the purposes of
section 3(1) if the Safety Director is satisfied
that the operator of the service does not
derive any profit from the provision of the
service;
30 (d) a bus service that is not defined to be a
commercial bus service, a community and
private bus service, a courtesy bus service, a
hire and drive bus service or a local bus
service within the meaning of section 3(1),
35 is a--
(i) commercial bus service; or
561244B.I-3/12/2008 19 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 1--Preliminary
s. 7
(ii) community and private bus service; or
(iii) courtesy bus service; or
(iv) hire and drive bus service; or
(v) local bus service--
5 within the meaning of that definition
(as appropriate);
(e) a bus service that is defined to be a
commercial bus service, a community and
private bus service, a courtesy bus service, a
10 hire and drive bus service or a local bus
service within the meaning of section 3(1) is
not a--
(i) commercial bus service; or
(ii) community and private bus service; or
15 (iii) courtesy bus service; or
(iv) hire and drive bus service; or
(v) local bus service--
within the meaning of that definition
(as appropriate) despite the bus service
20 meeting the specifications in that definition.
(2) If the Safety Director intends to make a
declaration under subsection (1), the Safety
Director must--
(a) advise operators and sectors of the industry
25 that will be affected by the declaration, if
declared, of the proposed declaration; and
(b) provide those operators and sectors with an
opportunity to make a submission in relation
to the proposed declaration.
30 (3) The Safety Director must have regard to any
submissions received under subsection (2) before
making the declaration.
561244B.I-3/12/2008 20 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 1--Preliminary
s. 8
8 Declaration of substances to be a drug
The Minister, by Order published in the
Government Gazette, may declare any substance
to be a drug for the purposes of Part 5.
__________________
561244B.I-3/12/2008 21 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 2--Principles of Bus Safety
s. 9
PART 2--PRINCIPLES OF BUS SAFETY
9 Principle of shared responsibility
(1) The safe operation of bus services is the shared
responsibility of--
5 (a) the operator; and
(b) bus safety workers; and
(c) procurers; and
(d) persons who determine the location of bus
stopping points, or who design, construct,
10 install, modify or maintain a bus stopping
point or bus stop infrastructure; and
(e) the Safety Director; and
(f) members of the public.
(2) The level and nature of responsibility that a
15 person referred to in subsection (1), or a person
within a class of persons referred to in subsection
(1), has for bus safety is dependent on--
(a) the nature of the risk to bus safety that the
person creates from the carrying out of an
20 activity or the making of a decision; and
(b) the capacity that that person has to control,
eliminate or mitigate that risk or any other
risk to bus safety.
10 Principle of accountability for managing safety risks
25 Managing risks associated with the provision of
bus services is the responsibility of the person best
able to control the risk.
561244B.I-3/12/2008 22 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 2--Principles of Bus Safety
s. 11
11 Principle of enforcement
Enforcement of this Act and the regulations
should be undertaken for the purpose of--
(a) protecting public safety;
5 (b) promoting improvement in bus safety;
(c) removing any incentive for unfair
commercial advantage that might be derived
from contravening the bus safety
requirements under this Act or the
10 regulations;
(d) influencing the attitude and behaviour of
persons whose actions may have adverse
impacts on bus safety.
12 Principle of transparency and consistency
15 Bus regulatory decision-making processes should
be timely, transparent and nationally consistent.
13 Principle of participation, consultation and
involvement of all affected persons
The persons and classes of persons referred to in
20 sections 9(1)(a), 9(1)(b), 9(1)(c) and 9(1)(d)
should--
(a) participate in or be able to participate in; and
(b) be consulted on; and
(c) be involved in--
25 the formulation and implementation of measures
to manage risks to safety associated with the
provision of bus services.
__________________
561244B.I-3/12/2008 23 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 3--Bus Safety Duties
s. 14
PART 3--BUS SAFETY DUTIES
Division 1--The concept of ensuring safety
14 The concept of ensuring safety
(1) To avoid doubt, a duty imposed on a person under
5 this Act or the regulations to ensure, so far as is
reasonably practicable, safety requires the person
to--
(a) eliminate risks to safety so far as is
reasonably practicable; and
10 (b) if it is not reasonably practicable to eliminate
risks to safety, to reduce those risks so far as
is reasonably practicable.
(2) To avoid doubt, for the purposes of this Act or the
regulations, regard must be had to the following
15 matters in determining what is (or was at a
particular time) reasonably practicable in relation
to ensuring safety--
(a) the likelihood of the hazard or risk concerned
eventuating;
20 (b) the degree of harm that would result if the
hazard or risk eventuated;
(c) what the person concerned knows, or ought
reasonably to know, about the hazard or risk
and any ways of eliminating or reducing the
25 hazard or risk;
(d) the availability and suitability of ways to
eliminate or reduce the hazard or risk;
(e) the cost of eliminating or reducing the hazard
or risk.
561244B.I-3/12/2008 24 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 3--Bus Safety Duties
s. 15
Division 2--Safety duties
15 Duty of operator
(1) An operator of a bus service must, so far as is
reasonably practicable, ensure the safety of the
5 bus service.
Penalty: In the case of a natural person,
1800 penalty units;
In the case of a body corporate,
9000 penalty units.
10 (2) An offence against subsection (1) is an indictable
offence.
Note
However, the offence may be heard and determined
summarily (see section 53 of, and Schedule 4 to, the
15 Magistrates' Court Act 1989).
16 Duty of procurer
(1) A procurer of a bus service must, so far as is
reasonably practicable, ensure the safety of the
bus service.
20 Penalty: In the case of a natural person,
1800 penalty units;
In the case of a body corporate,
9000 penalty units.
(2) Without limiting subsection (1), a procurer of a
25 bus service contravenes that subsection if the bus
service is procured on terms that impose
conditions or obligations which prevent or
threaten, or are reasonably likely to prevent or
threaten, the safe operation of the bus service.
30 (3) A person is not a procurer of a bus service only
because the person provides funding to the
operator of the bus service.
561244B.I-3/12/2008 25 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 3--Bus Safety Duties
s. 17
(4) An offence against subsection (1) is an indictable
offence.
Note
However, the offence may be heard and determined
5 summarily (see section 53 of, and Schedule 4 to, the
Magistrates' Court Act 1989).
17 Duty of bus safety worker
(1) A bus safety worker must take reasonable
measures to ensure the safety of persons who may
10 be affected by the acts or omissions of the bus
safety worker.
Penalty: In the case of a natural person,
1800 penalty units;
In the case of a body corporate,
15 9000 penalty units.
(2) An offence against subsection (1) is an indictable
offence.
Note
However, the offence may be heard and determined
20 summarily (see section 53 of, and Schedule 4 to, the
Magistrates' Court Act 1989).
18 Duties in relation to bus stopping points and bus
stop infrastructure
(1) A person who determines the location of, designs,
25 constructs, installs, modifies or maintains a bus
stopping point or any bus stop infrastructure, or
who engages a person to do any of those things,
must ensure, so far as is reasonably practicable,
that the location, design, construction or condition
30 of the bus stopping point or bus stop infrastructure
is safe.
Penalty: In the case of a natural person,
1800 penalty units;
In the case of a body corporate,
35 9000 penalty units.
561244B.I-3/12/2008 26 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 3--Bus Safety Duties
s. 19
(2) An offence against subsection (1) is an indictable
offence.
Note
However, the offence may be heard and determined
5 summarily (see section 53 of, and Schedule 4 to, the
Magistrates' Court Act 1989).
Division 3--Bus inspections and safety audits
19 Bus safety inspections
(1) An accredited bus operator must ensure that each
10 bus used to provide the commercial bus service or
local bus service undergoes a safety inspection in
accordance with the regulations--
(a) annually; or
(b) at prescribed intervals.
15 Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
100 penalty units.
(2) A registered bus operator must ensure that each
20 bus used to provide the bus service undergoes a
safety inspection in accordance with the
regulations.
Penalty: In the case of a natural person,
5 penalty units;
25 In the case of a body corporate,
25 penalty units.
561244B.I-3/12/2008 27 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 3--Bus Safety Duties
s. 20
(3) An accredited bus operator or registered bus
operator must arrange a safety inspection of each
bus used to provide the bus service operated by
the operator if the Safety Director directs that a
5 safety inspection be conducted in respect of the
bus service operated by the operator.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
10 100 penalty units.
20 Safety audits
The Safety Director may conduct, or cause to be
conducted, a safety audit, to determine whether or
not the requirements of this Act and the
15 regulations are satisfactorily complied with.
__________________
561244B.I-3/12/2008 28 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 21
PART 4--ACCREDITATION AND REGISTRATION
Division 1--Preliminary matters
21 Purpose of accreditation
(1) The purpose of accreditation under this Part is to
5 attest that a person who operates a commercial
bus service or a local bus service has
demonstrated to the satisfaction of the Safety
Director, and can continue to demonstrate to the
satisfaction of the Safety Director, that the person
10 has the competence and capacity to manage the
risks to safety associated with operating the
commercial bus service or local bus service.
(2) For the purposes of subsection (1), if an operator
of a commercial bus service or a local bus service
15 is not a natural person, the responsible person, in
relation to the commercial bus service or local bus
service, is to demonstrate the competence and
capacity specified in that subsection.
22 Registration of operator of bus services that are not
20 commercial bus services or local bus services
(1) This section applies to an operator of a bus service
which is not a commercial bus service or a local
bus service.
(2) If this section applies, an operator of a bus service
25 must apply to the Safety Director for registration.
(3) An application must--
(a) be made in a manner and form determined
by the Safety Director;
(b) contain any prescribed information.
561244B.I-3/12/2008 29 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 22
(4) An operator of a bus service to which this section
applies must provide the Safety Director with any
additional information requested by the Safety
Director.
5 (5) The Safety Director may register an operator to
operate the bus service if the Safety Director is
satisfied that the operator is not accredited to
operate that bus service.
(6) The registration of an operator to operate a
10 bus service is subject to the following
conditions--
(a) the operator of the bus service must--
(i) keep the certificate of registration
issued by the Safety Director; and
15 (ii) if the operator ceases to operate the bus
service, return the certificate of
registration to the Safety Director;
(b) the operator of the bus service must, if the
Safety Director requests, produce the
20 certificate of registration to the Safety
Director;
(c) the operator of the bus service must notify
the Safety Director if--
(i) the nature of the bus service changes;
25 (ii) the details specified in the application
for registration change;
(iii) the operator of the bus service ceases to
operate the bus service.
561244B.I-3/12/2008 30 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 23
(7) An operator of a bus service to which this section
applies must not operate the bus service unless the
operator is registered.
Penalty: In the case of a natural person,
5 60 penalty units;
In the case of a body corporate,
300 penalty units.
(8) A registered bus operator must comply with the
conditions specified in subsection (6).
10 Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
23 Registration or accreditation of taxi-cab that is a
15 bus
(1) This section applies to a taxi-cab which--
(a) is licensed to operate as a taxi-cab; and
(b) is a bus specified in paragraph (a) of the
definition of bus; and
20 (c) the operator proposes to use the taxi-cab to
provide a bus service.
(2) The operator of a taxi-cab must, depending on the
kind of bus service proposed, apply for
registration or accreditation.
25 (3) In considering an application to which this section
applies, the Safety Director may have regard to
the conditions of the licence to operate as a taxi-
cab under the Transport Act 1983 and may--
(a) impose different conditions in respect of the
30 registration or accreditation as the Safety
Director considers appropriate in the
circumstances;
561244B.I-3/12/2008 31 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 24
(b) exempt the operator from some or all
conditions that would otherwise be imposed
for the purposes of accreditation under this
Part.
5 (4) In determining conditions which are to apply
under subsection (3), the Safety Director must
consult with the licensing authority under the
Transport Act 1983.
Division 2--Accreditation
10 24 Offence for operator to operate commercial bus
service or local bus service unless accredited
An operator of a commercial bus service or a local
bus service must not operate the commercial bus
service or local bus service unless the operator is
15 accredited under this Part.
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.
20 25 Application for accreditation
(1) An operator may apply to the Safety Director for
accreditation to operate a commercial bus service
or local bus service specified in the application.
(2) An application must be--
25 (a) made in a manner and form determined by
the Safety Director;
(b) accompanied by--
(i) the accreditation fee;
(ii) evidence, as required by the
30 regulations, that the responsible person
satisfies the requirements for
accreditation;
561244B.I-3/12/2008 32 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 25
(iii) any other matters that are required by
the regulations.
(3) The Safety Director may require an applicant to--
(a) supply further information specified by the
5 Safety Director;
(b) verify, by statutory declaration, information
supplied for the purposes of the application.
(4) The application, and any further information
supplied by the applicant under subsection (3),
10 must be signed in accordance with subsection (5)
and declared by each signatory to be true and
correct.
(5) The application must be signed--
(a) if the applicant is a body corporate--
15 (i) being a company within the meaning of
the Corporations Act, in accordance
with section 127 of that Act;
(ii) in any other case, by each director, or
each member of the committee of
20 management, of the body corporate;
(b) if the applicant is an unincorporated
association or body, by each member of the
committee of management of the association
or body;
25 (c) if the applicant is a partnership, by each
partner;
(d) if the applicant is a natural person, by that
person.
(6) In addition, each signatory referred to in
30 subsection (5) must declare that he or she is not a
person who, under Part 2D.6 of the Corporations
Act, is disqualified from managing corporations.
561244B.I-3/12/2008 33 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 26
(7) In the case of an application by a person that is not
a natural person, the Safety Director is entitled to
communicate with the responsible person in
relation to the application.
5 26 Criteria on which accreditation application to be
assessed
(1) Subject to Division 3, the Safety Director must
accredit the operator of a commercial bus service
or local bus service if the Safety Director is
10 satisfied that the applicant has, and will continue
to have, the competence and capacity to operate a
commercial bus service or local bus service
safely.
(2) In determining whether an applicant has, and will
15 continue to have, the competence and capacity to
operate a commercial bus service or local bus
service safely, the Safety Director must have
regard to--
(a) whether the applicant or the responsible
20 person has completed an approved training
course;
(b) any matters prescribed for the purposes of
this section;
(c) any matters declared by the Safety Director
25 and published in the Government Gazette.
Note
See Division 6 for criteria in respect of applications made by
operators with accreditation under a corresponding law.
(3) The Safety Director may approve training courses
30 for the purposes of this Act.
561244B.I-3/12/2008 34 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 27
Division 3--Accreditation refusal
27 Accreditation application to be refused in certain
circumstances
The Safety Director must refuse to accredit an
5 operator of a commercial bus service or a local
bus service if the Safety Director believes on
reasonable grounds that--
(a) the applicant or responsible person--
(i) has been found guilty of a tier 1
10 offence; or
(ii) is a person who is subject to--
(A) reporting obligations referred to in
section 12(1)(a) of the Working
with Children Act 2005; or
15 (B) an order referred to in section
12(1)(b) of the Working with
Children Act 2005; or
(b) the applicant has previously been accredited
to operate a bus service but the accreditation
20 was cancelled and the applicant is
disqualified from obtaining accreditation for
a commercial bus service or local bus
service; or
(c) if the applicant is a natural person, the
25 applicant is an insolvent under
administration within the meaning of the
Corporations Act; or
(d) if the applicant is a corporation--
(i) a receiver or receiver and manager,
30 within the meaning of the Corporations
Act, has been appointed in relation to
the applicant; or
561244B.I-3/12/2008 35 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 28
(ii) the applicant has been placed in
administration under the Corporations
Act or under the law of any place
outside Australia; or
5 (iii) a court has made an order under the
Corporations Act for the winding up of
the applicant.
28 Accreditation may be refused in certain
circumstances
10 (1) If the Safety Director believes on reasonable
grounds that an applicant or responsible person
has been found guilty of a tier 2 offence, the
Safety Director must refuse to accredit the
operator of the commercial bus service or local
15 bus service unless the applicant for accreditation
to operate a commercial bus service or local bus
service can demonstrate to the Safety Director that
accreditation is appropriate in the circumstances.
(2) The Safety Director may refuse to accredit an
20 operator of a commercial bus service or local bus
service if the Safety Director believes on
reasonable grounds that--
(a) the applicant or responsible person has been
found guilty of a tier 3 offence; or
25 (b) the applicant for accreditation to operate the
commercial bus service or local bus service
has contravened a condition of accreditation
held, or previously held, by the applicant to
operate a commercial bus service or local
30 bus service.
29 Decision on application may be postponed
The Safety Director may postpone his or her
decision on whether to accredit the operator of a
commercial bus service or local bus service if--
561244B.I-3/12/2008 36 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 30
(a) the applicant or responsible person has been
charged with a disqualifying offence; and
(b) the charge has not been finally disposed of;
and
5 (c) the Safety Director believes that a finding of
guilt would be relevant to his or her decision.
30 Disqualification from ability to apply for
accreditation
(1) If the Safety Director has refused an application
10 for accreditation, the Safety Director may
determine that the applicant is disqualified from
applying for accreditation for the period
determined by the Safety Director.
(2) The period determined by the Safety Director
15 under subsection (1) must not exceed 5 years.
31 Notification and reasons to be given if accreditation
refused
(1) If the Safety Director refuses to accredit the
operator of a commercial bus service or local bus
20 service, the Safety Director must--
(a) notify the applicant--
(i) of that refusal; and
(ii) if the Safety Director has made a
determination under section 30, of the
25 disqualification; and
(iii) that the applicant has a right to seek
review of the Safety Director's decision
under Part 6; and
(b) give the applicant a statement of reasons for
30 the refusal, and if section 30 applies, for the
disqualification.
561244B.I-3/12/2008 37 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 32
(2) A notification under subsection (1)(a) and a
statement of reasons under subsection (1)(b) must
be--
(a) in writing; and
5 (b) given to the applicant as soon as practicable
after the Safety Director makes his or her
decision.
Division 4--Provisions relating to accreditation
32 Classes of accreditation
10 The Safety Director may determine different
classes of accreditation which are to apply in
respect of different types of commercial bus
service or local bus service.
33 Issue of certificate of accreditation
15 (1) If the Safety Director grants an application for
accreditation, the Safety Director must allocate an
accreditation number to the accredited bus
operator and issue a certificate of accreditation to
the accredited bus operator which--
20 (a) is in the form approved by the Safety
Director; and
(b) specifies--
(i) the accreditation number allocated to
the accredited bus operator;
25 (ii) the name and contact details of the
accredited bus operator;
(iii) if there is a responsible person, the
name and contact details of the
responsible person;
30 (iv) the class of accreditation;
(v) any conditions to which the
accreditation is subject;
561244B.I-3/12/2008 38 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 34
(vi) if the accreditation is for a fixed period,
the date of expiry;
(vii) any additional information that the
Safety Director considers appropriate.
5 (2) The Safety Director may, on the application of an
accredited bus operator accompanied by any
reasonable fee determined by the Safety Director,
issue a replacement certificate of accreditation if
the Safety Director is satisfied, whether on the
10 production of a statutory declaration or otherwise,
that the certificate last issued to the accredited bus
operator has been lost, stolen or destroyed.
(3) An accredited bus operator who has made an
application under subsection (2) on the ground
15 that a certificate has been lost or stolen and who
subsequently recovers the lost or stolen certificate
must, within 14 days after the day on which the
certificate is recovered--
(a) notify the Safety Director of the recovery;
20 and
(b) return the recovered certificate to the Safety
Director unless informed by the Safety
Director that it is not necessary to do so.
Penalty: In the case of a natural person,
25 20 penalty units;
In the case of a body corporate,
100 penalty units.
34 Accreditation granted subject to conditions
(1) An accreditation granted to the operator of a
30 commercial bus service or local bus service is
subject to--
(a) the conditions specified in section 35;
(b) any prescribed conditions;
561244B.I-3/12/2008 39 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 35
(c) any other conditions imposed by the Safety
Director.
(2) The Safety Director may, if the Safety Director
considers it necessary or desirable to ensure
5 safety, impose conditions on accreditation that
are--
(a) general conditions declared by the Safety
Director; or
(b) applicable to the operation of certain classes
10 of commercial bus service or local bus
service; or
(c) imposed on a case by case basis.
(3) If the Safety Director intends to impose general
conditions of accreditation under subsection (2)(a)
15 or (2)(b), the Safety Director must--
(a) advise operators and sectors of the industry
that will be affected by the conditions, if
declared, of the proposed conditions; and
(b) provide those operators and sectors with an
20 opportunity to make a submission in relation
to the proposed conditions.
(4) The Safety Director must have regard to any
submissions received under subsection (3) before
declaring the general conditions.
25 (5) The Safety Director must publish any general
conditions that he or she has declared in the
Government Gazette.
35 Mandatory conditions of accreditation
An accreditation granted under this Part is subject
30 to the following conditions--
(a) a person must not be permitted to drive a bus
for a commercial bus service or local bus
service unless that person holds a driver
561244B.I-3/12/2008 40 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 35
accreditation under Division 6 of Part VI of
the Transport Act 1983;
(b) an accredited bus operator must use buses
that--
5 (i) comply with the vehicle standards
applicable to buses under the Road
Safety Act 1986; and
(ii) comply with prescribed requirements;
(c) an accredited bus operator must--
10 (i) keep the certificate of accreditation
given to the operator; and
(ii) produce that certificate if the Safety
Director requests that the certificate be
produced;
15 (d) if the responsible person ceases to be an
employee or officer of the accredited bus
operator, the accredited bus operator must
ensure that--
(i) another employee or officer of the
20 operator completes an approved
training course and that the Safety
Director is advised of who this
employee or officer is; or
(ii) if it is not practicable for another
25 employee or officer of the accredited
bus operator to complete an approved
training course before the responsible
person ceases to be an employee or
officer of the accredited bus operator,
30 the accredited bus operator may seek
the approval of the Safety Director to
allow another person to complete an
approved training course at a later date.
561244B.I-3/12/2008 41 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 36
36 Offence to fail to comply with conditions
An accredited bus operator must comply with the
conditions to which the accreditation is subject.
Penalty: In the case of a natural person,
5 240 penalty units;
In the case of a body corporate,
1200 penalty units.
37 Time within which Safety Director must make
decision whether to accredit
10 (1) Subject to this section, the Safety Director must
decide whether to accredit the operator of a
commercial bus service or local bus service within
3 months after receiving an application from the
operator.
15 (2) The Safety Director may, before the expiry of the
period specified in subsection (1), decide to
extend the period within which he or she may
decide whether to accredit the operator.
(3) If the Safety Director decides to extend the period
20 under subsection (2), the Safety Director must
notify the operator of that decision and the new
period within which the Safety Director intends to
make his or her decision.
(4) A notification under subsection (3) must be in
25 writing.
38 How long accreditation lasts
(1) An accreditation remains in force until it--
(a) is cancelled or surrendered; or
(b) expires.
30 (2) The Safety Director may grant a temporary
accreditation for a period of less than 12 months.
561244B.I-3/12/2008 42 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 39
39 Accreditation cannot be transferred
(1) An accreditation--
(a) is personal to the accredited bus operator;
(b) is not capable of being transferred or
5 assigned to any other person or otherwise
dealt with by the accredited bus operator;
(c) does not vest by operation of law in any
other person.
(2) A purported transfer, assignment or lease of an
10 accreditation and any other purported dealing with
an accreditation by the accredited bus operator
who holds it is of no effect.
(3) This section has effect despite anything in any Act
(other than the Charter of Human Rights and
15 Responsibilities) or rule of law to the contrary.
Division 5--Variation and surrender of accreditation
40 Accredited bus operator may apply for variation
(1) An accredited bus operator may apply to the
Safety Director to--
20 (a) vary--
(i) a condition of an accreditation;
(ii) the class of bus service for which the
operator is accredited to operate;
(iii) the scope of the accreditation by adding
25 a bus service or class of bus service to
the accreditation;
(iv) the expiry date that may apply to the
accreditation by changing that date or
omitting that date;
30 (b) revoke a condition of an accreditation.
561244B.I-3/12/2008 43 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 40
(2) An application must--
(a) be in writing; and
(b) set out the reasons for the variation or
revocation of the condition.
5 (3) The Safety Director must consider an application
he or she receives under this section within
3 months of receiving the application.
(4) The Safety Director may, as the case requires--
(a) grant or refuse to grant the variation;
10 (b) agree or refuse to agree to the revocation;
(c) make any variation to the accreditation that
the Safety Director considers appropriate.
(5) If the Safety Director refuses to grant a variation
or refuses to agree to a revocation, the Safety
15 Director must--
(a) notify the accredited bus operator--
(i) of that refusal; and
(ii) that the accredited bus operator has a
right to seek review of the Safety
20 Director's decision under Part 6; and
(b) give the accredited bus operator a statement
of reasons for the refusal.
(6) A notification under subsection (5)(a) and a
statement of reasons under subsection (5)(b) must
25 be--
(a) in writing; and
(b) given to the accredited bus operator as soon
as practicable after the Safety Director
makes his or her decision to refuse to grant
30 the variation or to agree to the revocation
(as the case requires).
561244B.I-3/12/2008 44 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 41
41 Accredited bus operator to notify of relevant
changes in circumstances
(1) If a relevant change in circumstances occurs with
respect to an accreditation or an accredited bus
5 operator, the accredited bus operator must notify
the Safety Director of the change in writing within
7 days after becoming aware of the change.
Penalty: In the case of a natural person,
240 penalty units;
10 In the case of a body corporate,
1200 penalty units.
(2) For the purposes of subsection (1), a relevant
change in circumstances is a change in
circumstances--
15 (a) that has resulted or will result in any
particular set out in--
(i) the application for the accreditation or
in any document that accompanied that
application or was supplied in
20 connection with it; or
(ii) the certificate of accreditation--
becoming inaccurate or inapplicable; or
(b) with respect to the manner of operating the
commercial bus service or local bus service
25 that has resulted or will or may result in the
accredited bus operator not being able to
comply with a requirement under this Act; or
(c) that has resulted or will or may result in a
ground for refusal of accreditation referred to
30 in section 27 or 28 becoming applicable to
the accredited bus operator; or
(d) with respect to the number of buses or bus
services being operated by the accredited bus
operator.
561244B.I-3/12/2008 45 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 42
(3) If the relevant change in circumstances has
resulted or will result in any particular set out in
the certificate of accreditation becoming
inaccurate or inapplicable, the accredited bus
5 operator must surrender the certificate to the
Safety Director when the accredited operator
notifies the Safety Director of the change under
subsection (1).
Penalty: In the case of a natural person,
10 240 penalty units;
In the case of a body corporate,
1200 penalty units.
(4) If a certificate of accreditation is surrendered to
the Safety Director in accordance with subsection
15 (3), the Safety Director may amend the certificate
or issue a replacement certificate for the
remainder of the period of the accreditation.
(5) The Safety Director may require a responsible
person to provide any other information or comply
20 with any other requirement (including a criminal
records check) that the Safety Director reasonably
requires to decide whether or not, because of a
relevant change of circumstances, the accredited
bus operator is a suitable person to continue to be
25 accredited.
(6) A person must not fail to comply with a
requirement under subsection (5).
Penalty: 1200 penalty units.
42 Variation of accreditation on Safety Director's own
30 initiative
(1) The Safety Director may at any time on his or her
own initiative--
(a) vary or revoke a condition of an
accreditation; or
35 (b) impose a new condition; or
561244B.I-3/12/2008 46 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 42
(c) vary the class of an accreditation; or
(d) vary the scope of an accreditation by adding
a bus service or class of bus service to the
accreditation.
5 (2) Before taking action under this section, the Safety
Director must--
(a) give the accredited bus operator written
notice of the action that the Safety Director
proposes to take; and
10 (b) allow the accredited bus operator to make
written representations about the intended
action within 10 business days (or any other
period that the Safety Director and the
accredited bus operator agree to).
15 (3) Subsection (2) does not apply if the Safety
Director considers it necessary to take immediate
action in the interest of public safety.
(4) If the Safety Director takes immediate action
under this section, the Safety Director must notify
20 the accredited bus operator within 48 hours of
making the decision.
(5) The Safety Director must--
(a) give the accredited bus operator--
(i) details of any action taken under
25 subsection (1); and
(ii) details of any change to the conditions
of the accreditation that are required as
a result of any amendment to the
regulations; and
30 (iii) a statement of reasons for any action
taken under subsection (1); and
(b) notify the accredited bus operator that the
operator has a right to seek review of the
Safety Director's decision under Part 6.
561244B.I-3/12/2008 47 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 43
(6) The Safety Director must give the details, the
statement of reasons and notice under subsection
(5) in writing.
43 Surrender of accreditation
5 (1) An accredited bus operator may request the Safety
Director to consent to the surrender of the
accreditation to operate a commercial bus service
or local bus service.
(2) A request must be in writing.
10 (3) On receipt of a request, the Safety Director may
consent to the surrender of the accreditation.
(4) If the Safety Director refuses to consent to the
surrender of an accreditation, the Safety Director
must--
15 (a) notify the accredited bus operator--
(i) of that refusal; and
(ii) that they have a right to seek review of
the Safety Director's decision under
Part 6; and
20 (b) give the accredited bus operator a statement
of reasons for the refusal.
(5) A notification under subsection (4)(a) and
statement of reasons under subsection (4)(b) must
be--
25 (a) in writing; and
(b) given to the accredited bus operator as soon
as practicable after the Safety Director
makes his or her decision to refuse consent
to the surrender of the accreditation.
561244B.I-3/12/2008 48 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 44
Division 6--Bus services under corresponding law
44 Unregistered and unaccredited operators from
outside Victoria
A vehicle that is permitted under the laws of
5 another State or Territory to be operated to
provide the equivalent of a bus service may
operate on a highway, if, in accordance with those
laws--
(a) it is used to pick up a passenger in that other
10 State or Territory and take the passenger to a
destination in Victoria, and it operates on the
highway solely for that purpose; or
(b) having been pre-booked to do so, it is used to
pick up a passenger in Victoria for the
15 purpose of taking the passenger to a
destination in that other State or Territory,
and it operates on the highway solely for that
purpose; or
(c) it is used to pick up a passenger in a State or
20 Territory other than Victoria and to take the
passenger to a destination in a State or
Territory other than Victoria, and it operates
on the highway solely for that purpose.
45 Criteria on which accreditation application of
25 operator accredited under corresponding law to be
assessed
(1) This section applies if the Safety Director receives
an application for accreditation under Division 2
from an operator that is accredited to operate bus
30 services in another State or Territory of the
Commonwealth under a corresponding law.
(2) If this section applies, the Safety Director may
accredit the operator of a commercial bus service
or local bus service if the Safety Director is
35 satisfied that the applicant is accredited in another
561244B.I-3/12/2008 49 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 45
State or Territory of the Commonwealth under a
corresponding law to operate bus services of a
kind similar to a commercial bus service or local
bus service in that State or Territory.
5 (3) If the Safety Director accredits an operator
specified in subsection (2) to operate a
commercial bus service or local bus service--
(a) any conditions imposed on the accreditation
of the operator under the corresponding law
10 are taken to be conditions imposed by the
Safety Director under Division 4 for the
purposes of accreditation under this Part;
(b) any mandatory conditions that would
normally apply to the accreditation under
15 Division 4, apply only to the extent that they
are consistent with the conditions imposed
on the accreditation of the operator under the
corresponding law.
(4) Despite subsection (3), the Safety Director may--
20 (a) determine that conditions imposed on the
accreditation of the operator under the
corresponding law do not apply for the
purposes of accreditation under this Act;
(b) determine that the mandatory conditions
25 specified under Division 4 apply to the
operator regardless of whether those
conditions are consistent with the conditions
imposed on the accreditation of the operator
under the corresponding law;
30 (c) make any other determination in respect of
the conditions that are to apply to the
accreditation.
561244B.I-3/12/2008 50 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 46
46 Notification of changes in circumstances in respect
of accreditation under corresponding law
(1) This section applies to an accredited bus operator
that is also accredited in another State or Territory
5 of the Commonwealth under a corresponding law
to operate bus services of a similar kind to a
commercial bus service or local bus service in that
State or Territory.
(2) If a relevant change in circumstances occurs with
10 respect to the accreditation of an accredited bus
operator under a corresponding law, the accredited
bus operator must notify the Safety Director of the
change in writing within 7 days after becoming
aware of the change.
15 (3) For the purposes of subsection (2), a relevant
change in circumstances is--
(a) if the accredited bus operator has become
subject to disciplinary action in respect of the
accreditation under the corresponding law,
20 including the suspension or cancellation of
the accreditation under the corresponding
law; or
(b) if additional conditions are imposed on the
accreditation of the accredited bus operator
25 under the corresponding law.
47 Co-ordination between Safety Director and
corresponding Bus Safety Regulator
(1) This section applies if the Safety Director receives
an application for accreditation under Division 2,
30 or for variation of accreditation or the conditions
of accreditation under Division 5, that indicates
that the applicant is accredited, or is seeking
accreditation, in another State or a Territory of the
Commonwealth under a corresponding law to
35 operate bus services of a similar kind to those the
561244B.I-3/12/2008 51 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 48
subject of the application under Division 2 or
Division 5.
(2) The Safety Director must, as soon as possible and
before deciding whether or not to grant the
5 application, consult with the relevant
corresponding Bus Safety Regulator, or
Regulators, in relation to the application with a
view to the outcome of the application being
consistent with the outcome of applications made
10 in the other jurisdiction or jurisdictions.
(3) The Safety Director, in complying with subsection
(2), must take into account any guidelines
prepared under subsection (5).
(4) If the Safety Director does not, in relation to an
15 application, act consistently with the provisions of
any guidelines prepared under subsection (5), the
Safety Director must give the applicant reasons
for not so acting.
(5) The Minister may prepare guidelines about the
20 manner of the consultation the Safety Director is
required to undertake under subsection (2).
Division 7--Suspension, cancellation and other disciplinary
action
48 Power of immediate suspension
25 (1) The Safety Director may, subject to and in
accordance with the regulations (if any),
immediately suspend an accreditation if the Safety
Director considers it necessary to do so.
(2) The Safety Director may immediately suspend an
30 accreditation under this section without holding an
inquiry under section 50.
561244B.I-3/12/2008 52 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 48
(3) A suspension under this section may be--
(a) for a specified period;
(b) until a specified event;
(c) if the accredited bus operator or responsible
5 person has been charged with a disqualifying
offence and has been suspended because of
that charge, until the charge has been finally
disposed of;
(d) if the accredited bus operator has an
10 accreditation under a corresponding law that
has been suspended or cancelled, until the
interstate accreditation is reinstated;
(e) until a further determination is made by the
Safety Director.
15 (4) If the accreditation of an accredited bus operator
has been suspended, the operator may, by notice
served on the Safety Director, require the Safety
Director to hold an inquiry under section 50.
(5) The Safety Director must commence an inquiry
20 under section 50 within 7 days after the service on
him or her of a notice under subsection (4).
(6) If an inquiry is to be held under section 50, the
Safety Director may determine that a suspension
of an accreditation continues to have effect until
25 the completion of that inquiry.
(7) If an inquiry is held under section 50, a
suspension under this section, if then still in
effect, ceases to have effect on the completion of
that inquiry.
30 (8) Nothing in this section limits any power of the
Safety Director under section 50.
561244B.I-3/12/2008 53 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 49
49 Mandatory cancellation
The Safety Director must cancel the accreditation
of an accredited bus operator if the accredited bus
operator or a responsible person in relation to that
5 accredited bus operator has been found guilty of
a tier 1 offence or becomes subject to the
reporting obligations, or an order, referred to in
section 27(a)(ii).
50 Disciplinary action against an accredited bus
10 operator
(1) The Safety Director may hold an inquiry for the
purpose of determining whether proper cause
exists for taking disciplinary action against an
accredited bus operator.
15 (2) There is proper cause for taking disciplinary
action against the accredited bus operator if the
operator or a responsible person in relation to that
accredited bus operator (as the case requires)--
(a) has contravened this Act or the regulations;
20 (b) has not complied with a condition of
accreditation;
(c) is found guilty or convicted of a tier 2 or
tier 3 offence;
(d) has obtained the accreditation improperly;
25 (e) has not paid any accreditation fee.
(3) If, following an inquiry, the Safety Director is
satisfied proper cause for taking disciplinary
action against the accredited bus operator exists,
the Safety Director may do one or more of the
30 following--
(a) reprimand the accredited bus operator;
(b) impose one or more new conditions of
accreditation;
561244B.I-3/12/2008 54 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 4--Accreditation and Registration
s. 51
(c) suspend the accreditation for a specified
period or until a specified event or until a
further determination is made by the Safety
Director;
5 (d) impose or vary an expiry date on the
accreditation;
(e) vary the conditions of, or scope of the
accreditation;
(f) cancel the accreditation and, if reasonable
10 cause exists, disqualify the operator from
applying for accreditation--
(i) permanently; or
(ii) for a specified period or until a
specified event.
15 (4) If the cause for taking disciplinary action is that
the accredited bus operator or responsible person
has been found guilty of a tier 2 offence, the
accredited bus operator must show cause why the
accreditation should not be cancelled.
20 51 Procedure and powers concerning disciplinary
inquiries
(1) In exercising his or her powers under section 50,
the Safety Director--
(a) must act fairly and according to equity and
25 good conscience without regard to
technicalities or legal forms; and
(b) is not required to conduct himself or herself
in a formal manner; and
(c) is not bound by rules or practice as to
30 evidence but may inform himself or herself
in relation to any matter in any manner that
he or she thinks fit.
561244B.I-3/12/2008 55 BILL LA INTRODUCTION 3/12/2008
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Part 4--Accreditation and Registration
s. 52
(2) For the purpose of, and in connection with, any
inquiry under section 50, the Safety Director has
the powers conferred by sections 14, 15, 16, 20,
20A and 21A of the Evidence Act 1958 on a
5 board appointed by the Governor in Council and
those sections apply as if the Safety Director was
the sole member of the board.
(3) The procedure of the Safety Director on or in
connection with an inquiry under section 50 is in
10 his or her discretion.
52 Effect of suspension
A person whose accreditation is suspended--
(a) is not accredited during the period of
suspension; and
15 (b) is disqualified from applying for an
accreditation of a kind for which the person
was suspended.
Division 8--Miscellaneous
53 Operator to return certificate and plates when
20 accreditation cancelled or surrendered
An operator must return to the Safety Director the
certificate of accreditation and the number plates
issued to the operator on accreditation, if the
accreditation of the operator is cancelled or
25 surrendered under this Act.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
561244B.I-3/12/2008 56 BILL LA INTRODUCTION 3/12/2008
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Part 4--Accreditation and Registration
s. 54
54 Safety Director may request information
(1) The Safety Director may, within a period of time
specified by the Safety Director, request an
accredited bus operator or registered bus operator
5 to give the Safety Director information relating to
the safety of the bus service operated by the
accredited bus operator or registered bus operator.
Example
Information relating to the safety of a bus service may
10 include details relating to any incidents that may have
occurred, any hazards that may have been identified or the
type of risk management activities undertaken by an
accredited bus operator or registered bus operator.
(2) An accredited bus operator or registered bus
15 operator must comply with a request made by the
Safety Director under subsection (1).
Penalty: 1200 penalty units.
55 Communication with responsible person
If an accredited bus operator is not a natural
20 person, the Safety Director may communicate at
any time in relation to the accreditation with the
responsible person.
__________________
561244B.I-3/12/2008 57 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 5--Alcohol and Drug Management Policy
s. 56
PART 5--ALCOHOL AND DRUG MANAGEMENT POLICY
56 Alcohol and drug management policy
(1) This section applies to accredited bus operators
and registered bus operators.
5 (2) An operator to whom this section applies must
develop, maintain and implement an alcohol and
drug management policy that--
(a) is developed in consultation with bus safety
workers who are employees, or contractors,
10 of the operator for the purposes of operating
the bus service; and
(b) provides for the matters specified in
section 57.
Penalty: In the case of a natural person,
15 240 penalty units;
In the case of a body corporate,
1200 penalty units.
57 Form and content of alcohol and drug management
policy
20 (1) An alcohol and drug management policy must--
(a) be in writing; and
(b) specify that a driver of a bus must not have
alcohol or drugs present in his or her blood
or breath immediately before, or while,
25 driving a bus; and
(c) comply with any guidelines regarding the
form and content of alcohol and drug
management policies issued by the Safety
Director.
30 (2) If an alcohol and drug management policy
provides for testing of the presence of alcohol or
drugs in the blood or breath of a bus safety worker
561244B.I-3/12/2008 58 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 5--Alcohol and Drug Management Policy
s. 57
employed or contracted by the accredited bus
operator or registered bus operator, the policy
must--
(a) specify circumstances in which a bus safety
5 worker may be tested for the presence of
alcohol or drugs in his or her blood or breath;
(b) specify the testing procedures for detecting
alcohol or drugs in a person's blood or
breath;
10 (c) specify the persons who may conduct the
tests;
(d) specify how and where the tests are to be
stored, handled or destroyed;
(e) specify that a test for the presence of alcohol
15 or drugs may not be conducted more
frequently than--
(i) an hour before the bus safety worker is
to carry out bus safety work or while
the bus safety worker is carrying out
20 bus safety work; or
(ii) if there is reasonable cause to test the
bus safety worker at another time
including--
(A) that the bus safety worker has
25 been involved in an accident or
incident;
(B) that there is reason to believe the
bus safety worker is impaired by
alcohol or drugs;
30 (C) that in the interests of safety, the
bus safety worker ought to be
tested;
(f) recognise the purpose of testing for presence
of alcohol or drugs;
561244B.I-3/12/2008 59 BILL LA INTRODUCTION 3/12/2008
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Part 5--Alcohol and Drug Management Policy
s. 57
(g) specify measures to ensure that the results of
any tests conducted pursuant to the policy
are treated confidentially.
__________________
561244B.I-3/12/2008 60 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 6--Review of Decisions
s. 58
PART 6--REVIEW OF DECISIONS
58 Review by VCAT
(1) A person may apply to VCAT for review of a
decision by the Safety Director to--
5 (a) refuse accreditation to an operator to operate
a commercial bus service or local bus
service, including a refusal made by the
Safety Director under section 27;
(b) impose a condition on the accreditation of an
10 accredited bus operator;
(c) not vary the accreditation following a request
for variation by the accredited bus operator;
(d) vary the accreditation of an accredited bus
operator;
15 (e) suspend or cancel the accreditation of an
accredited bus operator;
(f) disqualify the operator from applying for
accreditation.
(2) An application for review must be made within
20 28 days after the later of--
(a) the day on which the person is notified of the
decision; or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
25 person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
561244B.I-3/12/2008 61 BILL LA INTRODUCTION 3/12/2008
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Part 6--Review of Decisions
s. 58
(3) In reviewing a decision of the Safety Director
made under section 27 or 49, VCAT may--
(a) consider in detail the disqualifying offence
that required the Safety Director to make the
5 decision being reviewed; and
(b) vary, uphold or dismiss the decision.
__________________
561244B.I-3/12/2008 62 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 7--Codes of Practice
s. 59
PART 7--CODES OF PRACTICE
59 Codes of practice
(1) For the purposes of providing practical guidance
to accredited bus operators and any other person
5 who may be placed under an obligation by or
under this Act, the Minister may, subject to
section 63, approve one or more codes of practice.
(2) A code of practice--
(a) may consist of any code, standard, rule,
10 specification or provision relating to any
aspect of the bus service; and
(b) may apply, incorporate or refer to any
document formulated or published by any
body or authority as in force at the time the
15 code of practice is approved, or as amended,
formulated or published from time to time.
(3) The approval of a code of practice takes effect on
the day on which notice of the approval is
published in the Government Gazette, or any later
20 day specified in the notice.
Note
A code of practice approved under this section is
disallowable by either House of Parliament: see section 71.
60 Revisions to approved codes of practice
25 (1) Subject to section 63, the Minister may--
(a) approve any revision of the whole, or any
part, of an approved code of practice;
(b) revoke the approval of a code of practice.
(2) The approval of a revision to an approved code of
30 practice takes effect on the day on which notice
the approval of the revision is published in the
Government Gazette, or on any later day specified
in the notice.
561244B.I-3/12/2008 63 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 7--Codes of Practice
s. 61
61 Revocation of approvals of codes of practice
The approval of an approved code of practice
ceases to be of effect at the end of the day on
which notice of the revocation of the approval is
5 published in the Government Gazette, or on any
later day specified in the notice.
62 Availability of approved codes of practice
The Minister must cause--
(a) a current copy of every approved code of
10 practice; and
(b) a copy of every document applied,
incorporated or referred to in an approved
code of practice (in the form in which that
document has effect in the approved code of
15 practice)--
to be made available for inspection by members of
the public without charge at the office of the
Safety Director during normal office hours.
63 Minister must consult before approving code of
20 practice or revision to code of practice
Before the Minister approves a code of practice or
any revision of the whole, or any part, of an
approved code of practice under section 59 or 60,
the Minister must consult with persons or bodies
25 that may be affected by the code of practice, or
revision of an approved code of practice, to be
approved.
561244B.I-3/12/2008 64 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 7--Codes of Practice
s. 64
64 Effect of approved code of practice
A person is not liable to any civil or criminal
proceedings by reason only that he, she or it has
failed to observe any provision of an approved
5 code of practice.
Note
A person who complies with a compliance code may
however, be taken to have complied with this Act (see
section 70).
__________________
561244B.I-3/12/2008 65 BILL LA INTRODUCTION 3/12/2008
Bus Safety Bill 2008
Part 8--General
s. 65
PART 8--GENERAL
Division 1--General
65 Notification of incidents
An accredited bus operator or registered bus
5 operator (as the case requires) must notify the
Safety Director of prescribed incidents in
accordance with the regulations.
Penalty: 50 penalty units.
66 Offence to provide false or misleading information
10 (1) A person must not either deliberately or
recklessly--
(a) provide any information under this Act that
is false or misleading in a material detail; or
(b) provide under this Act any document that is
15 false or misleading in a material detail; or
(c) make any representation under this Act that
provides a false or misleading impression of
a material detail; or
(d) fail to include any material matter in any
20 information or document provided under this
Act if the failure causes the information or
document to be false or misleading; or
(e) engage in conduct, or a course of conduct,
for a purpose that is relevant to this Act, if
25 that conduct is misleading or deceptive, or is
likely to mislead or deceive.
Penalty: 600 penalty units, in the case of a body
corporate;
Level 9 imprisonment (6 months
30 maximum) or 120 penalty units or both,
in any other case.
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(2) Subsection (1)(b) does not apply if, at the time the
person provided the document to the person or
body to whom the document was provided, the
person either--
5 (a) informed that person or body that the record
contained a material detail that was false or
misleading and specified in what respect it
was false or misleading; or
(b) took all reasonable steps to provide that
10 person or body with that information.
(3) A reference in this section to "under this Act" or
"relevant to this Act" is to be read as including a
reference to any purpose associated with this Act
or the regulations, and regardless of whether the
15 information, document, representation or conduct
was required to be provided or was provided
voluntarily.
67 Safety Director may set accreditation fees
(1) The Safety Director may, by notice published in
20 the Government Gazette, set--
(a) accreditation fees;
(b) annual accreditation fees;
(c) inspection fees.
(2) In setting fees, the Safety Director may provide
25 for all or any of the following matters--
(a) specific fees;
(b) maximum or minimum fees;
(c) maximum and minimum fees;
(d) scales of fees;
30 (e) the payment of fees either generally or under
specified conditions or in specified
circumstances, including conditions or
circumstances relating to the late lodgement
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of an application, or the late payment of fees
under the Act;
(f) impose different fees on accredited bus
operators, having regard to the nature, size
5 and service being provided by the accredited
bus operator.
(3) The Safety Director may provide for the reduction
or waiver of fees set under subsection (1) in a
particular case or a particular class of case if the
10 Safety Director is satisfied that there are
reasonable grounds to provide for the reduction,
or the waiver, of fees.
(4) A fee set by the Safety Director is not limited to
an amount that is related to the cost of providing a
15 service.
(5) If the Safety Director intends to set fees under this
section, the Safety Director must--
(a) advise operators and sectors of the industry
that will be affected by the fees, if set, of the
20 proposed fees; and
(b) provide those operators and sectors with an
opportunity to make a submission in relation
to the proposed fees.
(6) The Safety Director must have regard to any
25 submissions received under subsection (5) before
setting the proposed fees.
68 Imputing conduct to bodies corporate
For the purposes of this Act and the regulations,
any conduct engaged in or on behalf of a body
30 corporate by an employee, agent or officer
(within the meaning given by section 9 of the
Corporations Act) of the body corporate acting
within the actual or apparent scope of his or her
employment, or within his or her actual or
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s. 69
apparent authority, is conduct also engaged in by
the body corporate.
69 Liability of officers of bodies corporate
(1) If a body corporate (including a body corporate
5 representing the Crown) contravenes a provision
of this Act or the regulations and the
contravention is attributable to an officer of the
body corporate failing to take reasonable care, the
officer is guilty of an offence and liable to a fine
10 not exceeding the maximum fine for an offence
constituted by a contravention by a natural person
of the provision contravened by the body
corporate.
(2) An offence against subsection (1) is summary or
15 indictable in nature according to whether the
offence constituted by the contravention by the
body corporate is summary or indictable.
(3) In determining whether an officer of a body
corporate is guilty of an offence, regard must be
20 had to--
(a) what the officer knew about the matter
concerned; and
(b) the extent of the officer's ability to make, or
participate in the making of, decisions that
25 affect the body corporate in relation to the
matter concerned; and
(c) whether the contravention by the body
corporate is also attributable to an act or
omission of any other person; and
30 (d) any other relevant matter.
(4) An officer of a body corporate may be convicted
or found guilty of an offence in accordance with
subsection (1) whether or not the body corporate
has been convicted or found guilty of the offence
35 committed by it.
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(5) An officer of a body corporate (including a body
corporate representing the Crown) who is a
volunteer is not liable to be prosecuted under this
section for anything done or not done by him or
5 her as a volunteer.
70 Effect of compliance with regulations or approved
codes of practice
If--
(a) the regulations or an approved code of
10 practice make provision for or with respect
to a duty or obligation imposed by this Act
or the regulations; and
(b) a person complies with the regulations or the
approved code of practice to the extent that it
15 makes that provision--
the person is, for the purposes of this Act and the
regulations, taken to have complied with this Act
or the regulations in relation to that duty or
obligation.
20 71 Tabling and disallowance of approved codes of
practice
(1) On or before the 6th sitting day after an approved
code of practice is published in the Government
Gazette, the Minister must ensure that a copy of
25 that code is laid before each House of the
Parliament.
(2) A failure to comply with subsection (1) does not
affect the operation or effect of the code of
practice but the Scrutiny of Acts and Regulations
30 Committee of the Parliament may report the
failure to each House of the Parliament.
(3) A code of practice may be disallowed in whole or
in part by either House of Parliament.
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(4) Part 5 of the Subordinate Legislation Act 1994
applies a code of practice as if--
(a) a reference in that Part to "statutory rule"
were a reference to a code of practice; and
5 (b) a reference in section 23(1)(c) of that Act to
"section 15(1)" were a reference to
subsection (1).
(5) A reference to a code of practice in this section
includes a reference to any amendment to, or
10 revision of the whole or any part of, a code of
practice.
Division 2--Regulations
72 General
(1) The Governor in Council may make regulations
15 for or with respect to--
(a) prescribing forms to be used for the purposes
of this Act;
(b) prescribing the keeping and the form of any
records or other documents as may be
20 necessary for the administration of this Act;
(c) the collection, provision, transfer, disclosure
or use of information for the purposes of this
Act;
(d) any matter or thing authorised or required to
25 be prescribed or necessary to be prescribed
for carrying this Act into effect.
(2) Regulations made under this Act--
(a) may be of general or of specially limited
application;
30 (b) may differ according to differences in time,
place or circumstance;
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(c) may leave any matter or thing to be from
time to time determined, applied, dispensed
with or regulated by a specified person or
specified class of persons;
5 (d) may provide in a specified case or class of
case for the exemption of persons or things
from any of the provisions of the regulations,
whether unconditionally or on specified
conditions, and either wholly or to such
10 extent as is specified;
(e) may confer powers or impose duties in
connection with the regulations on any
specified person or specified class of
persons;
15 (f) may apply, adopt or incorporate with or
without modification, any matter contained
in any document, code, standard, rule,
specification or method formulated, issued,
prescribed or published by any person--
20 (i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
25 (iii) as formulated, issued, prescribed or
published from time to time;
(g) may impose a penalty not exceeding
20 penalty units for any contravention of the
regulations.
30 73 Bus services and bus safety work
(1) Without limiting the generality of section 72, the
regulations may be made for or with respect to--
(a) prescribing a class of courtesy bus service to
be a non-commercial courtesy bus service;
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(b) prescribing a class of bus service to be a--
(i) commercial bus service; or
(ii) courtesy bus service; or
(iii) hire and drive bus service; or
5 (iv) community and private bus service; or
(v) local bus service;
(c) prescribing a class of bus service not to
be a--
(i) commercial bus service; or
10 (ii) courtesy bus service; or
(iii) hire and drive bus service; or
(iv) community and private bus service; or
(v) local bus service;
(d) prescribing a motor vehicle in a class of
15 vehicles to be a bus;
(e) prescribing a motor vehicle in class of
vehicles to not be a bus;
(f) prescribing activities to be bus safety work.
74 Safety duties
20 Without limiting the generality of section 72, the
regulations may be made for or with respect to--
(a) specified safety obligations to be imposed
on--
(i) operators, bus safety workers and
25 procurers; and
(ii) persons who design, determine the
location of, construct, install, modify
and maintain, bus stopping points or
bus stop infrastructure;
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(b) prohibiting specified conduct by--
(i) operators, bus safety workers and
procurers; and
(ii) persons who determine the location of,
5 design, construct, install, modify or
maintain, bus stopping points or bus
stop infrastructure--
for bus safety purposes;
(c) the way in which duties or obligations
10 imposed by this Act or the regulations are
performed;
(d) regulating or requiring the taking of any
action to avoid a hazard or incident in
relation to operating bus services;
15 (e) regulating, requiring or prohibiting the
taking of any action in the event of an
incident in relation to the operation of bus
services;
(f) regulating the engineering standards and
20 specifications of buses and standards relating
to the maintenance of buses, including in
relation to safety equipment or devices to be
installed on buses;
(g) regulating or requiring the examination,
25 testing, maintenance or repair of buses, or
equipment in, or on, a bus.
75 Inspections and safety audits
Without limiting the generality of section 72, the
regulations may be made for or with respect to--
30 (a) bus inspections, including in relation to--
(i) the nature of the inspections;
(ii) the frequency of the inspections;
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(iii) the manner in which inspections are to
be carried out;
(iv) who may conduct the inspections and
the qualifications, experience and
5 certifications required by inspectors;
(v) the form and content of inspection
reports;
(vi) circumstances when an inspector
cannot conduct an inspection;
10 (b) regulating the manner in which inspectors
are to make recommendations to operators
including with respect to--
(i) the type and nature of
recommendations which may be
15 obligatory and require compliance by
operators;
(ii) the consequences for noncompliance by
operators with the recommendations
made by inspectors;
20 (iii) the notification of the Safety Director
by an operator if an operator is unable
to comply with a recommendation;
(c) requiring inspectors to notify the Safety
Director in prescribed circumstances;
25 (d) prescribing the process by which the Safety
Director may impose requirements on
operators, which must be complied with,
following an inspection, or based on a
notification by an inspector or an operator;
30 (e) prescribing the consequences for non-
compliance by an operator with a
requirement imposed by the Safety Director;
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(f) regulating the notifications required before a
safety audit can be conducted by the Safety
Director on an operator;
(g) the manner in which a safety audit is to be
5 conducted;
(h) the requirements the Safety Director may
impose on an operator, which must be
complied with, following a safety audit.
76 Accreditation and registration
10 Without limiting the generality of section 72, the
regulations may be made for or with respect to--
(a) the requirements and process to be observed
by operators of a bus service applying to be
registered;
15 (b) the form of a certificate of registration;
(c) the form of a certificate of accreditation;
(d) the requirements, manner and process to be
observed by operators of a commercial bus
service or local bus service applying for
20 accreditation;
(e) prescribing the form of an application for
accreditation;
(f) prescribing documents and things that must
accompany an application for accreditation;
25 (g) matters to be considered by the Safety
Director when determining an accreditation
application;
(h) prescribing approved training courses that
must be completed by an applicant for
30 accreditation or a responsible person;
(i) prescribing classes of accreditation;
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(j) prescribing conditions of accreditation;
(k) prescribing registration fees or accreditation
fees.
77 Fees
5 (1) A power conferred by this Act to make
regulations providing for the imposition of fees
may be exercised by providing for all or any of
the following matters--
(a) specific fees;
10 (b) maximum or minimum fees;
(c) maximum and minimum fees;
(d) scales of fees;
(e) the payment of fees either generally or under
specified conditions or in specified
15 circumstances, including conditions or
circumstances relating to the late lodgement
of an application, or the late payment of fees,
under this Act;
(f) the reduction, waiver or refund, in whole or
20 in part, of the fees.
(2) If under subsection (1)(f) regulations provide for a
reduction, waiver or refund, in whole or in part, of
a fee, the reduction, waiver or refund may be
expressed to apply either generally or
25 specifically--
(a) in respect of certain matters or transactions
or classes of matters or transactions; or
(b) in respect of certain documents or classes of
documents; or
30 (c) when an event happens; or
(d) in respect of certain persons or classes of
persons; or
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(e) in respect of any combination of matters,
transactions, documents, events or persons--
and may be expressed to apply subject to specified
conditions or in the discretion of any specified
5 person.
(3) A fee that may be imposed by regulation is not
limited to an amount that is related to the cost of
providing a service.
78 Transitional regulations
10 (1) The Governor in Council may make regulations
containing provisions of a savings or transitional
nature consequent on the enactment of this Act.
(2) A provision mentioned in subsection (1) may be
retrospective in operation to the commencement
15 of section 78.
(3) Regulations made under this section have effect
despite anything to the contrary in any Act (other
than this Act or the Charter of Human Rights and
Responsibilities) or in any subordinate instrument.
20 (4) This section expires on 31 August 2013.
__________________
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Part 9--Amendments to Other Acts and Repeal of Part
s. 79
PART 9--AMENDMENTS TO OTHER ACTS AND REPEAL
OF PART
Division 1--Magistrates' Court Act 1989
79 Amendment of Schedule 4--Indictable offences
5 which may be heard summarily
In Schedule 4 to the Magistrates' Court Act
1989, after clause 55A insert--
"55AA Bus Safety Act 2008
Indictable offences under the Bus Safety Act
10 2008 but the maximum penalty that the
Court may impose is--
(a) in the case of a natural person,
240 penalty units; and
(b) in the case of a body corporate,
15 1200 penalty units.".
Division 2--Public Transport Competition Act 1995
80 Amendment of section 12--Duration of
accreditation
After section 12(2) of the Public Transport
20 Competition Act 1995 insert--
"(3) Despite subsection (1), the Director may
extend the period that an accreditation which
is in force immediately before the
commencement of section 80 of the Bus
25 Safety Act 2008 remains in force for a
period of not more than 2 years.".
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Part 9--Amendments to Other Acts and Repeal of Part
s. 81
81 Section 1 substituted--Purpose of Act
For section 1 of the Public Transport
Competition Act 1995 substitute--
"1 Purpose
5 The purpose of this Act is to implement a
system of service contracts for certain types
of bus services and to provide for the service
standards that are to apply in the provision of
those bus services and other bus services.".
10 82 Consequential amendments
(1) In section 3(1) of the Public Transport
Competition Act 1995--
(a) the definitions of accredited person,
courtesy service, disqualifying offence, hire
15 and drive service, private bus service, public
passenger vehicle, road transport passenger
service and temporary accreditation are
repealed;
(b) for the definition of bus substitute--
20 "bus has the same meaning as it has in
section 3(1) of the Bus Safety Act
2008;";
(c) for the definition of regular passenger
service substitute--
25 "regular passenger service means--
(a) a route bus service within the
meaning of the Bus Safety Act
2008;
(b) a demand responsive bus service
30 within the meaning of the Bus
Safety Act 2008;
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Part 9--Amendments to Other Acts and Repeal of Part
s. 82
(c) a prescribed class of bus service
other than a prescribed class of
route bus service or demand
responsive bus service;
5 (d) a bus service declared under
section 4A to be a regular bus
service--
but does not include--
(e) a bus service which is prescribed
10 not to be a class of regular
passenger service;
(f) a bus service which is declared
under section 4A not to be a
regular passenger service;".
15 (2) Sections 3A and 3B of the Public Transport
Competition Act 1995 are repealed.
(3) Part 2 of the Public Transport Competition Act
1995 is repealed.
(4) Section 36(1B) of the Public Transport
20 Competition Act 1995 is repealed.
(5) After section 38(1) of the Public Transport
Competition Act 1995 insert--
"(2A) Without limiting the generality of subsection
(1), regulations may be made under this Act
25 for or with respect to--
(a) service standards or other requirements,
restrictions or conditions which are to
apply in the provision of bus services;
(b) prescribing a class of bus service to be
30 a regular passenger service;
(c) prescribing a class of bus service not to
be a regular passenger service;
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Part 9--Amendments to Other Acts and Repeal of Part
s. 83
(d) regulating the standards relating to the
maintenance of buses, including in
relation to safety equipment or devices
to be installed on buses;
5 (e) regulating or requiring the examination,
testing, maintenance or repair of buses,
or equipment in, or on, a bus;
(f) imposing duties on drivers.
(2B) For the purposes of this section, service
10 standards or other requirements,
restrictions or conditions includes any
matter relating to--
(a) the condition of a bus and the
equipment to be installed in, or objects
15 to be attached to, a bus;
(b) the conduct, powers and obligations of
the driver of a bus;
(c) ticketing, fares and timetables;
(d) the operation of a bus for a particular
20 purpose.".
(6) Sections 39 and 40 of the Public Transport
Competition Act 1995 are repealed.
83 Change of name of Act
(1) In the title to the Public Transport Competition
25 Act 1995 for "Public Transport Competition"
substitute "Bus Services".
(2) After section 3(4) of the Public Transport
Competition Act 1995 insert--
"(5) On and from the commencement of
30 section 83 of the Bus Safety Act 2008, a
reference to the Public Transport
Competition Act 1995 in any Act (other
than in the Bus Safety Act 2008) or in any
instrument made under any Act or in any
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Part 9--Amendments to Other Acts and Repeal of Part
s. 84
other document of any kind, must be read
and construed as a reference to the Bus
Services Act 1995, unless the context
otherwise requires.".
5 84 New section 4A inserted
After section 4 of the Public Transport
Competition Act 1995 insert--
"4A Declaration power of Director
(1) Subject to subsection (2), the Director may
10 declare by notice published in the
Government Gazette that--
(a) a bus service that is a regular passenger
service specified in paragraph (a) or (b)
of the definition of regular passenger
15 service in section 3(1) is not a regular
passenger service within the meaning
of that definition;
(b) a bus service that is not specified in
paragraph (a) or (b) of the definition of
20 regular passenger service in section
3(1) is a bus service that is a regular
passenger service within the meaning
of that definition.
(2) If the Director intends to make a declaration
25 under subsection (1), the Director must--
(a) advise operators and sectors of the
industry that will be affected by the
declaration, if declared, of the proposed
declaration; and
30 (b) provide those operators and sectors
with an opportunity to make a
submission in relation to the proposed
declaration.
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s. 85
(3) The Director must have regard to any
submissions received under subsection (2)
before making the declaration.".
Division 3--Rail Safety Act 2006
5 85 Amendment of section 55--Safety Director may
vary, revoke or impose new conditions or
restrictions of an accreditation on own initiative
After section 55(3) of the Rail Safety Act 2006
insert--
10 "(3A) If the Safety Director takes immediate action
under subsection (3), the Safety Director
must notify the accredited rail operator
within 48 hours of making the decision.".
Division 4--Road Management Act 2004
15 86 Consequential amendment
In section 3(1) of the Road Management Act
2004, in paragraph (b) of the definition of
provider of public transport, for "Public
Transport Competition Act" substitute
20 "Bus Services Act".
Division 5--Road Safety Act 1986
87 Definitions
In section 3(1) of the Road Safety Act 1986 in
the definition of road or transport law, after
25 paragraph (a) insert--
"(aa) the Bus Safety Act 2008;".
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Part 9--Amendments to Other Acts and Repeal of Part
s. 88
88 Amendment of Part 10A definitions
In section 191A of the Road Safety Act 1986,
insert the following definition--
"Safety Director has the same meaning as it has in
5 section 3(1) of the Bus Safety Act 2008;".
89 New section 191BA inserted
After section 191B of the Road Safety Act 1986
insert--
"191BA Fatigue regulated heavy vehicle that is a
10 bus
For the purposes of this Part, if a fatigue
regulated heavy vehicle is a bus used to
provide a bus service within the meaning of
the Bus Safety Act 2008--
15 (i) any reference to the Corporation must
be read as a reference to the Safety
Director; and
(ii) any reference to an inspector must be
read as a reference to a transport safety
20 officer appointed under section 228T of
the Transport Act 1983 or a member
of the police force.".
Division 6--Safety on Public Land Act 2004
90 Consequential amendment
25 In section 3 of the Safety on Public Land Act
2004, in paragraph (c) of the definition of
transport authority for "Public Transport
Competition Act" substitute "Bus Services
Act".
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Part 9--Amendments to Other Acts and Repeal of Part
s. 91
Division 7--Transport Act 1983
91 Definitions
In section 2(1) of the Transport Act 1983--
(a) insert the following definitions--
5 "accredited bus operator has the same
meaning as it has in section 3(1) of the
Bus Safety Act 2008;
bus service has the same meaning as it has in
section 3(1) of the Bus Safety Act
10 2008;
mandatory bus safety decision means--
(a) a decision of the Safety Director
under the Bus Safety Act 2008
whether to--
15 (i) accredit or refuse to accredit
an operator of a commercial
bus service or local bus
service within the meaning
of the Bus Safety Act 2008;
20 (ii) impose, vary or revoke a
condition on an accreditation
of an accredited bus
operator;
(iii) vary an accreditation of an
25 accredited bus operator;
(b) a decision of the Safety Director
or a transport safety officer to--
(i) serve an improvement
notice; or
30 (ii) amend an improvement
notice under section
228ZZF; or
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Part 9--Amendments to Other Acts and Repeal of Part
s. 92
(c) a decision of the Safety Director
or a transport safety officer to--
(i) serve a prohibition notice; or
(ii) amend a prohibition notice
5 under section 228ZZL;";
(b) in the definition of bus company, for "Public
Transport Competition Act" substitute
"Bus Services Act";
(c) in the definition of relevant transport safety
10 law, after paragraph (b) insert--
"(ba) the Bus Safety Act 2008 or any
regulations made under that Act;".
92 Consequential amendments
(1) In sections 4(2)(aa) and 9(4)(ca) of the Transport
15 Act 1983, for "Public Transport Competition
Act" substitute "Bus Services Act".
(2) In sections 9P(4)(a), 9T(a)(i) and 9T(a)(ii) of the
Transport Act 1983, for "Public Transport
Competition Act 1995" substitute "Bus Safety
20 Act 2008".
(3) In section 9T(1)(b) of the Transport Act 1983--
(a) in subparagraph (ii), for "and regulations
made under that Act" substitute "and Bus
Safety Act 2008 and regulations made under
25 those Acts";
(b) in subparagraph (iii), after "Rail Safety Act
2006" insert ", the Bus Safety Act 2008";
(c) in subparagraph (iv), for "Part 2 of the
Public Transport Competition Act 1995"
30 substitute "Part 7 of the Bus Safety Act
2008".
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(4) In sections 9T(1)(e)(i) and 9Y of the Transport
Act 1983, for "Public Transport Competition
Act 1995" substitute "Bus Safety Act 2008".
(5) In section 85F(1)(a)(i) of the Transport Act
5 1983, for "road transport passenger service (as
defined by section 3(1) of the Public Transport
Competition Act 1995)" substitute "commercial
bus service (within the meaning of section 3(1) of
the Bus Safety Act 2008)".
10 (6) In section 139(1) of the Transport Act 1983, for
"subsections (1A) and (1B)" substitute
"subsection (1B)".
(7) Sections 139(1A) and 139(1C) of the Transport
Act 1983 are repealed.
15 (8) In section 221U of the Transport Act 1983, in
the definition of private omnibus, for "a private
bus service within the meaning of the Public
Transport Competition Act 1995" substitute
"a community and private bus service within the
20 meaning of the Bus Safety Act 2008".
93 Amendment of section 9ZA--Safety Director to
conduct cost-benefit analysis of and consult about
mandatory rail safety decisions
(1) In the heading to section 9ZA of the Transport
25 Act 1983, after "decisions" insert "or mandatory
bus safety decisions".
(2) In section 9ZA of the Transport Act 1983, after
"mandatory rail safety decision" (wherever
occurring) insert "or mandatory bus safety
30 decision".
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Part 9--Amendments to Other Acts and Repeal of Part
s. 94
94 Amendment of section 86--Definitions
In section 86(1) of the Transport Act 1983--
(a) in the definition of category 2 offence after
paragraph (d) insert--
5 "(da) an offence against the Bus Safety Act
2008; or";
(b) in the definition of commercial goods
vehicle after paragraph (b) insert--
"or
10 (c) a bus used to provide a bus service that
carries goods as part of that service;";
(c) in the definition of commercial passenger
vehicle after "reward" insert "but does not
include a bus used to provide a bus service";
15 (d) the definition of private bus service is
repealed.
95 Amendment of Division 6 of Part VI
(1) In the heading to Division 6 of Part VI of the
Transport Act 1983 for "and private bus
20 services" substitute ", commercial bus services
and local bus services".
(2) In section 164(1) of the Transport Act 1983 for
"private bus services" substitute "commercial bus
services and local bus services".
25 (3) For section 165(1)(b) of the Transport Act 1983
substitute--
"(b) a bus used to provide a commercial bus
service or local bus service within the
meaning of the Bus Safety Act 2008--".
30 (4) In section 165(2) of the Transport Act 1983 for
"(1)(a)" substitute "(1)".
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Part 9--Amendments to Other Acts and Repeal of Part
s. 95
(5) Section 165(3) of the Transport Act 1983 is
repealed.
(6) For section 166(1) of the Transport Act 1983
substitute--
5 "(1) The Director may accredit a person to
drive--
(a) a commercial passenger vehicle; or
(b) a commercial bus service or local bus
service within the meaning of the Bus
10 Safety Act 2008.".
(7) In section 167(1)(e) of the Transport Act 1983
for "and private bus services" substitute
", commercial bus services and local bus
services".
15 (8) In section 169S(2) of the Transport Act 1983 for
paragraph (c) of the definition of relevant
operator substitute--
"(c) is an accredited bus operator.".
(9) The note at the foot of section 169S(2) of the
20 Transport Act 1983 is repealed.
(10) In section 169WA(1) of the Transport Act 1983
for paragraph (c) of the definition of relevant
operator substitute--
"(c) is an accredited bus operator.".
25 (11) The note at the foot of section 169WA(1) of the
Transport Act 1983 is repealed.
(12) In section 169WA(2)(b) of the Transport Act
1983 for "private bus service" substitute
"commercial bus service or a local bus service".
30 (13) In section 169WB(1)(b) of the Transport Act
1983 for "private bus service" substitute
"commercial bus service or a local bus service".
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Part 9--Amendments to Other Acts and Repeal of Part
s. 96
96 Amendment of section 228S--Definitions
(1) In section 228S(1) of the Transport Act 1983
insert the following definitions--
"approved bus code of practice means a code of
5 practice approved under the Bus Safety Act
2008;
bus premises means--
(a) a bus; or
(b) a bus stopping point; or
10 (c) a depot or base of operations for a bus
service;
bus safety worker has the same meaning as it has
in section 3(1) of the Bus Safety Act 2008;
public transport premises means--
15 (a) railway premises; or
(b) bus premises;".
(2) In section 228S(1) of the Transport Act 1983,
after paragraph (d) of the definition of compliance
and investigative purposes insert--
20 "(e) related to ascertaining whether an approved
bus code of practice has been or is being
complied with;".
(3) In section 228S(1) of the Transport Act 1983, in
the definition of relevant person--
25 (a) after paragraph (a) insert--
"(aa) an accredited bus operator; or";
(b) after paragraph (b) insert--
"(ba) a driver of a bus used to provide a bus
service; or";
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Part 9--Amendments to Other Acts and Repeal of Part
s. 97
(c) after paragraph (c) insert--
"(ca) a procurer of a bus service within the
meaning of the Bus Safety Act 2008;
or";
5 (d) after paragraph (d) insert--
"(da) a bus safety worker; or".
(4) In section 228S(2) of the Transport Act 1983, for
"a premises or a part of a premises, that is used for
the carrying out of rail operations" substitute
10 "a public transport premises, or a part of a public
transport premises".
97 Power of entry
In section 228Z of the Transport Act 1983--
(a) in paragraph (a)--
15 (i) for "railway premises" (wherever
occurring) substitute "public transport
premises";
(ii) after "rail operations" insert
", bus services";
20 (b) in paragraph (b) for "railway premises"
(wherever occurring) substitute "public
transport premises".
98 Procedure for entry with consent
In section 228ZA(1) of the Transport Act 1983
25 for "railway premises" (wherever occurring)
substitute "public transport premises".
99 Improvement notices
In section 228ZZC(1)(c) of the Transport Act
1983 after "accredited rail operator" insert "or an
30 accredited bus operator".
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Part 9--Amendments to Other Acts and Repeal of Part
s. 100
100 Prohibition notice
(1) In section 228ZZJ(1) of the Transport Act
1983--
(a) in paragraphs (a) and (b) for "railway
5 premises" (wherever occurring) substitute
"public transport premises";
(b) in paragraph (c)--
(i) for "or rolling stock" substitute
", rolling stock or a bus stopping point";
10 (ii) for "rail operations" substitute
"members of the public, rail operations,
bus services or bus stopping points and
areas near bus stopping points".
(2) In section 228ZZJ(6) of the Transport Act
15 1983--
(a) in paragraph (a) for "railway premises"
(wherever occurring) substitute "public
transport premises";
(b) after paragraph (b) insert--
20 "(ba) a bus stopping point, or a place in the
immediate vicinity of a bus stopping
point at which the activity is not to be
carried out;".
101 Amendment of section 249B--Regulations with
25 respect to services operated by a passenger
transport company etc.
In section 249B(1) of the Transport Act 1983--
(a) for "or tramway" substitute ", tramway or
bus service";
30 (b) for "or a rail freight operator" substitute
", a rail freight operator or an operator of a
bus service".
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Part 9--Amendments to Other Acts and Repeal of Part
s. 102
102 Repeal of Part
This Part is repealed on 31 December 2011.
Note
The repeal of this Part does not affect the continuing operation of
5 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Bus Safety Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561244B.I-3/12/2008 95 BILL LA INTRODUCTION 3/12/2008
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