TRANSPORT (SAFETY SCHEMES COMPLIANCE AND ENFORCEMENT) ACT 2014
Table of Provisions
PART 1--PRELIMINARY
PART 2--COMPLIANCE AND INVESTIGATORY POWERS
Division 1--Entry and boarding
Division 2--Powers on entry and boarding
- 8 General powers on entry or boarding
- 9 Directions powers as to operation and movement of vehicles
- 10 Directions powers in relation to vessels
- 11 Detention of vessels for 48 hours
- 12 Magistrates' Court may extend period of detention of vessel
- 13 Persons assisting transport safety officers
- 14 Use of electronic equipment
- 15 Use of equipment to examine or process things
- 16 Securing a site or restricting access to bus or vessel
- 17 Directions for the protection of evidence
Division 3--Search warrants
- 18 Search warrants
- 19 Seizure of things not mentioned in the warrant
- 20 Announcement before entry or boarding on warrant
- 21 Copy of warrant to be given to person with control or management of place, bus or vessel
Division 4--Other related investigatory powers
- 22 Power to require production of documents, devices or other things and answers to questions
- 23 Abrogation of privilege against self-incrimination
- 24 Warning to be given
- 25 Power to copy and retain documents
- 26 Inspecting and copying documents in custody of a transport safety officer under this Part
- 27 Securing seized things
- 28 Offence to tamper with seized thing
- 29 Directions relating to seizure
- 30 Transport safety officer may direct a thing's return
- 31 Receipt for seized things
- 32 Copies of certain seized things to be given
- 33 Forfeiture of seized things
- 34 Return of seized things
- 35 Access to seized thing
Division 5--Damage and compensation
- 36 Damage etc to be minimised
- 37 Transport safety officer to give notice of damage
- 38 Compensation
- 39 Limits on compensation
- 40 Compensation may be claimed as part of a court proceeding
Division 6--Directions powers
- 41 Transport safety officers may require name and address
- 42 Master or person operating vessel must stop vessel and provide licence or certificates when directed
- 43 Direction to provide certain information
- 44 Manner in which transport safety officers may give directions under this Part
- 45 Directions may be given under more than one provision
Division 7--Other matters
- 46 Residential premises
- 47 Use of force
- 48 Power to use force against persons to be exercised only by police officers
- 49 Manner in which transport safety officers must exercise powers
PART 3--ENFORCEMENT MEASURES
Division 1--Improvement notices
- 50 Service of improvement notices
- 52 Contents of improvement notices
- 53 Directions in improvement notices
- 54 Amendment of improvement notice
- 55 Cancellation of improvement notices
- 56 Clearance certificates for improvement notices
- 57 Proceedings for offences not affected by improvement notices or clearance certificates
- 58 Compliance with improvement notice
- 59 Extension of time for compliance with improvement notices
Division 2--Prohibition notices
- 60 Service of prohibition notice
- 61 Contents of prohibition notice
- 62 Directions in prohibition notices
- 63 Compliance with prohibition notice
- 64 Amendment of prohibition notice
- 65 Withdrawal of prohibition notices
- 66 Certificates confirming that matters that give rise to immediate risks to safety remedied
- 67 Proceedings for offences not affected by prohibition notices or certificates
Division 3--Remedial action in relation to prohibition notices
- 68 When Safe Transport Victoria may carry out action
- 69 Power of Safe Transport Victoria to take other remedial action
- 70 Costs of remedial or other action
Division 4--Non-disturbance notices
- 71 Service of non-disturbance notice
- 72 Contents of non-disturbance notice
- 73 Compliance with non-disturbance notice
- 74 Service of subsequent non-disturbance notices
- 75 Cancellation of a non-disturbance notice
Division 5--General requirements applying to notices
- 76 Definition
- 77 Notice to be in writing
- 78 Minor variations of notices by transport safety officer
- 79 Formal irregularities or defects in notice
- 80 Serving notices
Division 6--Injunctions
Division 7--Enforceable voluntary undertakings
- 83 Enforceable voluntary undertaking
- 84 Notice of decisions and reasons for decision
- 85 When a transport safety undertaking is enforceable
- 86 Compliance with transport safety undertaking
- 87 Contravention of transport safety undertaking
- 88 Withdrawal or variation of transport safety undertaking
- 89 Proceedings for alleged contravention
Division 8--Additional enforcement measures relating to bus safety
- 90 Response to certain safety reports
PART 4--INFRINGEMENT NOTICES
Division 1--Transport safety infringement notices
- 93 Transport safety infringements
PART 5--REVIEW OF DECISIONS
- 99 Reviewable decisions
- 100 Review by Safe Transport Victoria
- 101 Notification of decision of Safe Transport Victoria
- 102 Review by VCAT
PART 6--GENERAL LIABILITY AND COURT PROCESSES
Division 1--General matters
- 103 Offence to give false or misleading information
Division 2--Director and officer criminal liability
- 104 Criminal liability of officers of bodies corporate—failure to exercise due diligence
Division 3--Proceedings and evidentiary provisions
- 105 Who may commence proceedings for offences against this Act or a transport safety law
- 106 Limited period for prosecution of transport safety law indictable offences
- 107 Evidentiary certificates—this Act or transport safety laws
Division 4--Court based sanctions
- 108 Definitions
- 109 Commercial benefits order
- 110 Supervisory intervention order
- 111 Exclusion orders
- 112 Adverse publicity order
- 113 Release on the giving of a safety undertaking
- 114 Variation or contravention of orders under section 113
PART 7--SAFE TRANSPORT VICTORIA AND TRANSPORT SAFETY OFFICERS
Division 1--Safe Transport Victoria
- 115 Chief Executive of Safe Transport Victoria has functions and powers of a transport safety officer
Division 2--Transport safety officers
- 116 Appointment
- 117 Identity cards
- 118 Return of identity cards
- 119 Production of identity card
- 120 Functions and powers
- 121 Transport safety officers subject to Safe Transport Victoria's direction
- 122 Transport safety officer may take affidavits
- 123 Attendance of transport safety officer at inquiries
- 124 Offence to hinder or obstruct transport safety officer
- 125 Offence to impersonate transport safety officer
- 126 Offence to assault, threaten or intimidate transport safety officer