Victorian Consolidated Legislation

BUS SAFETY ACT 2009

No. 13 of 2009
Version incorporating amendments as at  31 December 2011

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   3A.     Transport Integration Act 2010.
   4.      Objects of bus safety
   5.      Crown to be bound
   6.      Interaction with Occupational Health and Safety Act
   7.      Declaration powers of Safety Director
   8.      Declaration of substances to be a drug

   PART 2-PRINCIPLES OF BUS SAFETY

   9.      Principle of shared responsibility
   10.     Principle of accountability for managing safety risks
   11.     Principle of enforcement
   12.     Principle of transparency and consistency
   13.     Principle of participation, consultation and involvement of
           all affected persons

   PART 3-BUS SAFETY DUTIES

           Division 1-The concept of ensuring safety

   14.     The concept of ensuring safety

           Division 2-Safety duties

   15.     Duty of operator
   16.     Duty of procurer
   17.     Duty of bus safety worker
   18.     Duties in relation to bus stopping points and bus stop infrastructure

           Division 3-Bus inspections and safety audits

   19.     Bus safety inspections
   20.     Safety audits

   PART 4-ACCREDITATION AND REGISTRATION

           Division 1-Preliminary matters

   21.     Purpose of accreditation
   22.     Registration of operator of bus services that are not
           commercial bus services or local bus services
   22A.    Offences relating to operation of bus service required to be registered
   23.     Registration or accreditation of taxi-cab that is a bus

           Division 2-Accreditation

   24.     Offence for operator to operate commercial bus service or
           local bus service unless accredited
   25.     Application for accreditation
   26.     Criteria on which accreditation application to be assessed

           Division 3-Accreditation refusal

   27.     Accreditation application to be refused in certain
           circumstances
   28.     Accreditation may be refused in certain circumstances
   29.     Decision on application may be postponed
   30.     Disqualification from ability to apply for accreditation
   31.     Notification and reasons to be given if accreditation refused

           Division 4-Provisions relating to accreditation

   32.     Classes of accreditation
   33.     Issue of certificate of accreditation
   34.     Accreditation granted subject to conditions
   35.     Mandatory conditions of accreditation
   36.     Offence to fail to comply with conditions
   37.     Time within which Safety Director must make decision
           whether to accredit
   38.     How long accreditation lasts
   39.     Accreditation cannot be transferred

           Division 5-Variation and surrender of accreditation

   40.     Accredited bus operator may apply for variation
   41.     Accredited bus operator to notify of relevant changes in circumstances
   42.     Variation of accreditation on Safety Director's own initiative
   43.     Surrender of accreditation

           Division 6-Bus services under corresponding law

   44.     Unregistered and unaccredited operators from outside
           Victoria
   45.     Criteria on which accreditation application of operator
           accredited under corresponding law to be assessed
   46.     Notification of changes in circumstances in respect of accreditation under corresponding law
   47.     Co-ordination between Safety Director and corresponding
           Bus Safety Regulator

           Division 7-Suspension, cancellation and other disciplinary action

   48.     Power of immediate suspension
   49.     Mandatory cancellation
   50.     Disciplinary action against an accredited bus operator
   51.     Procedure and powers concerning disciplinary inquiries
   52.     Effect of suspension

           Division 8-Miscellaneous

   53.     Operator to return certificate and plates when accreditation cancelled or surrendered
   54.     Safety Director may request information
   55.     Communication with responsible person

   PART 5-ALCOHOL AND DRUG MANAGEMENT POLICY

   56.     Alcohol and drug management policy
   57.     Form and content of alcohol and drug management policy

   PART 6-REVIEW OF DECISIONS

   58.     Review by VCAT

   PART 7-CODES OF PRACTICE

   59.     Codes of practice
   60.     Revisions to approved codes of practice
   61.     Revocation of approvals of codes of practice
   62.     Availability of approved codes of practice
   63.     Minister must consult before approving code of practice or revision to code of practice
   64.     Effect of approved code of practice

   PART 8-GENERAL

           Division 1-General

   65.     Notification of incidents
   66.     Offence to provide false or misleading information
   67.     Safety Director may set accreditation fees
   68.     Imputing conduct to bodies corporate
   69.     Liability of officers of bodies corporate
   69A.    Liability of officers of partnerships and unincorporated
           bodies or associations
   70.     Effect of compliance with regulations or approved codes of practice
   71.     Tabling and disallowance of approved codes of practice

           Division 2-Regulations

   72.     General
   73.     Bus services and bus safety work
   74.     Safety duties
   75.     Inspections and safety audits
   76.     Accreditation and registration
   77.     Fees
   78.     Transitional regulations

           Division 3-Transitional provisions for operators who must be registered or accredited

   78A.    Definition
   78B.    Transitional provision for existing bus operators requiring registration from commencement day
   78C.    Transitional provision for bus operators no longer required to
           be accredited from commencement day
   78D.    Transitional provision for drivers of commercial passenger vehicles

   PART 9-Repealed

           79-102. Repealed
           _______________
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details