Victorian Current Acts

BUS SAFETY ACT 2009

TABLE OF PROVISIONS

   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 Safe Transport Victoria  
   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

           Division 1--Preliminary

   21.     Purpose of accreditation  

           Division 2--Bus operator accreditation

   22.     Offence if operator of bus service is not accredited  
   23.     Application for accreditation  
   24.     Decision on application for accreditation  
   25.     Accreditation to be refused in certain circumstances  
   26.     Accreditation may be refused in certain circumstances  
   27.     Disqualification from ability to apply for accreditation  
   28.     Notification and reasons to be given if accreditation refused  

           Division 3--Provisions relating to accreditation

   29.     Classes of accreditation  
   30.     Issue of certificate of accreditation  
   31.     Conditions on accreditation  
   32.     Offence to fail to comply with conditions of accreditation  
   33.     Time within which Safe Transport Victoria must make decision whether to accredit operator  
   34.     Accreditation lasts until cancelled or surrendered  
   35.     Accreditation cannot be transferred  
   36.     Requirements relating to drivers who hold probationary driver licences  
   36A.    Annual accreditation fee  
   36B.    Offence for driver to provide bus service without appropriate driver licence  

           Division 4--Variation and surrender of accreditation

   37.     Accredited bus operator may apply for variation  
   38.     Accredited bus operator to notify of relevant changes in circumstances  
   39.     Variation of accreditation on Safe Transport Victoria's own initiative  
   40.     Surrender of accreditation  

           Division 5--Bus services under corresponding law

   41.     Unaccredited operators from outside Victoria  
   42.     Criteria on which accreditation application of operator accredited or registered under corresponding law to be assessed  
   43.     Notification of changes in circumstances in respect of accreditation or registration under corresponding law  
   44.     Co-ordination between Safe Transport Victoria and corresponding Bus Safety Regulator  

           Division 6--Suspension, cancellation and other disciplinary action

   45.     Immediate suspension of accreditation  
   46.     Disciplinary action against an accredited bus operator  
   47.     Procedure and powers concerning disciplinary inquiries  
   48.     Procedure for taking disciplinary action  
   49.     Effect of suspension  

           Division 7--Exemptions granted by Safe Transport Victoria

   50.     Definition  
   51.     Accreditation exemption for operators  
   52.     What applicant must demonstrate  
   53.     Determination of application for exemption  
   54.     Application for variation of an exemption  
   55.     Determination of application for variation  
   55A.    Prescribed conditions and restrictions  
   55B.    Variation of conditions and restrictions  
   55C.    Safe Transport Victoria may make changes to conditions or restrictions  
   55D.    Revocation or suspension of an exemption  
   55E.    Penalty for breach of condition or restriction  

           Division 8--Miscellaneous

   55F.    Operator to return certificate when accreditation cancelled or surrendered  
   55G.    Safe Transport Victoria may request information  
   55H.    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 1AA--Monitoring, compliance and enforcement policy

   64A.    Safe Transport Victoria to develop monitoring, compliance and enforcement policy  
   64B.    Safe Transport Victoria must consult when developing or reviewing policy  
   64C.    Content of policy  
   64D.    Safe Transport Victoria must coordinate and support implementation of policy  
   64E.    Certain persons to have regard to policy  

           Division 1--General

   65.     Notification of incidents  
   66.     Offence to provide false or misleading information  
   67.     Safe Transport Victoria may set accreditation fees  
   67A.    Regulatory exemptions  
   68.     Imputing conduct to bodies corporate  
   69.     Criminal liability of officers of bodies corporate—failure to exercise due diligence  
   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  
   76A.    Hazardous areas  
   77.     Fees  

           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  

           Division 4--Transitional provisions--Transport Legislation Miscellaneous Amendments Act 2021

   79.     Definitions  
   80.     General transitional provision  
   81.     Registered bus operators  
   82.     Accredited bus operators  
   83.     Inspection requirements  
   84.     Re-enacted provisions  
           ENDNOTES